Bauline Development Regulations (in effect June 6, 2008)
Bauline, Newfoundland and Labrador
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PUBLISHED IN NEWFOUNDLAND GAZETTE: JUNE 6, 2008
CONSOLIDATED: APRIL 4, 2014
Contents
APPLICATION .............................................................................................................................. 1
1. Short Title .............................................................................................................................. 1
2. Interpretation .......................................................................................................................... 1
3. Commencement ..................................................................................................................... 1
4. Municipal Code and Regulations ........................................................................................... 1
5. Authority ................................................................................................................................ 1
PART I - GENERAL REGULATIONS ......................................................................................... 2
6. Compliance With Regulations ............................................................................................... 2
7. Permit Required ..................................................................................................................... 2
8. Permit to be Issued ................................................................................................................. 2
9. Permit Not to be Issued in Certain Cases ............................................................................... 2
10. Discretionary Powers of Authority ...................................................................................... 3
11. Variances............................................................................................................................... 3
12. Notice of Variance ............................................................................................................... 4
13. Service Levy ........................................................................................................................ 4
14. Financial Guarantees by Developer ..................................................................................... 5
15. Dedication of Land for Public Use ...................................................................................... 5
16. Reinstatement of Land ......................................................................................................... 5
17. Form of Application ............................................................................................................. 6
18. Register of Application ........................................................................................................ 6
19. Deferment of Application .................................................................................................... 6
20. Approval in Principle ........................................................................................................... 7
21. Development Permit ............................................................................................................ 7
22. Reasons for Refusing Permit ............................................................................................... 8
23. Notice of Right to Appeal .................................................................................................... 8
24. Appeal Requirements ............................................................................................................ 9
25. Appeal Registration .............................................................................................................. 9
26. Development Prohibited .................................................................................................... 10
27. Appeal Board ..................................................................................................................... 10
28. Appeals .............................................................................................................................. 10
29. Hearing Notice and Meetings ............................................................................................ 12
30. Hearing of Evidence .......................................................................................................... 12
31. Return of Appeal Fee ......................................................................................................... 12
32. Notice of Application ......................................................................................................... 13
33. Right of Entry .................................................................................................................... 13
34. Record of Violations .......................................................................................................... 13
35. Stop Work Order and Prosecution ..................................................................................... 13
36 Delegation of Powers .......................................................................................................... 14
PART II - GENERAL DEVELOPMENT STANDARDS ........................................................... 15
37. Accesses and Service Streets ............................................................................................. 15
38. Accessory Buildings .......................................................................................................... 15
39. Advertisements .................................................................................................................. 16
40. Buffer Strips ....................................................................................................................... 16
41. Building Height .................................................................................................................. 16
42. Building Line and Setback ................................................................................................. 16
43. Family and Group Care Centres ........................................................................................ 17
44. Height Exceptions .............................................................................................................. 17
45. Livestock Structures and Uses ........................................................................................... 17
46. Lot Area ............................................................................................................................. 18
47. Lot Area and Size Exceptions ............................................................................................ 18
48. Lot Frontage ....................................................................................................................... 18
49. Non-Conforming Use......................................................................................................... 18
50. Offensive and Dangerous Uses .......................................................................................... 20
51. Offstreet Parking Requirements ......................................................................................... 20
52. Off-Street Loading Requirements ...................................................................................... 21
53. Parks and Playgrounds, and Conservation Uses ................................................................ 22
54. Screening and Landscaping ............................................................................................... 22
55. Services and Public Utilities .............................................................................................. 22
56. Service Stations .................................................................................................................. 23
57. Side Yards .......................................................................................................................... 23
58. Street Construction Standards ............................................................................................ 23
59. Subsidiary Apartments ....................................................................................................... 23
60. Unsubdivided Land ............................................................................................................ 23
61. Zero Lot Line and Other Comprehensive Development.................................................... 24
PART III - ADVERTISEMENTS ................................................................................................ 25
62. Permit Required ................................................................................................................. 25
63. Form of Application ........................................................................................................... 25
64. Advertisements Prohibited in Street Reservation .............................................................. 25
65. Permit Valid for Limited Period ........................................................................................ 25
66. Removal of Advertisements ............................................................................................... 25
67. Advertisements Exempt from Control ............................................................................... 26
68. Approval Subject to Conditions ......................................................................................... 26
69. Non-Conforming Uses ....................................................................................................... 27
PART IV - SUBDIVISION OF LAND ........................................................................................ 28
70. Permit Required ................................................................................................................. 28
71. Services to be Provided ...................................................................................................... 28
72. Payment of Service Levies and Other Charges .................................................................. 28
73. Issue of Permit Subject to Considerations ......................................................................... 28
74. Building Permits Required ................................................................................................. 29
75. Form of Application ........................................................................................................... 29
76. Subdivision Subject to Zoning ........................................................................................... 29
77. Building Lines .................................................................................................................... 29
78. Land for Public Open Space .............................................................................................. 30
79. Structure in Street Reservation .......................................................................................... 31
80. Subdivision Design Standards ........................................................................................... 31
81. Engineer to Design Works and Certify Construction Layout ............................................ 32
82. Developer to Pay Engineer's Fees and Charges ................................................................. 33
83. Street Works May Be Deferred.......................................................................................... 33
84. Transfer of Streets and Utilities to Authority .................................................................... 34
85. Restriction on Sale of Lots ................................................................................................. 34
86. Grouping of Buildings and Landscaping ........................................................................... 34
PART V - USE ZONES ................................................................................................................ 36
87. Use Zones........................................................................................................................... 36
88. Use Classes ........................................................................................................................ 36
89. Permitted Uses ................................................................................................................... 36
90. Discretionary Uses ............................................................................................................. 36
91. Uses Not Permitted ............................................................................................................ 37
SCHEDULES
SCHEDULE A: Definitions
SCHEDULE B: Classification of Uses of Land and Buildings
SCHEDULE C: Use Zone Tables
SCHEDULE D: Off-Street Parking Requirements
SCHEDULE E: Background Report
Application
Page 1
TOWN OF BAULINE MUNICIPAL PLAN
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Bauline Development Regulations.
2. Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to
them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
3. Commencement
These Regulations come into effect throughout the Bauline Municipal Planning Area, hereinafter
referred to as the Planning Area, on the date of publication of a notice to that effect in the
Newfoundland Gazette.
4. Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and any
other ancillary code and any Building Regulations, Waste Disposal Regulation and/or any other
municipal regulations regulating or controlling the development, conservation and use of land in
force in the Town of Bauline, shall, under these Regulations apply to the entire Planning Area.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Bauline.
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PART I - GENERAL REGULATIONS
6. Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance with these
Regulations.
7. Permit Required
No person shall carry out any development within the Planning Area except where otherwise
provided in these Regulations unless a permit for the development has been issued by the
Authority.
8. Permit to be Issued
Subject to Regulations 9 and 10, a permit shall be issued for development within the Planning
Area that conforms to:
(a)
the general development standards set out in Part II of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards, requirements,
and conditions prescribed in Schedule C of these 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, 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 III of these Regulations in the case of advertisement;
(d)
the standards set out in Part IV of these Regulations in the case of subdivision;
(e)
the standards of design and appearance established by the Authority.
9. Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the Planning
Area when, in the opinion of the Authority, it is premature by reason of the site lacking adequate
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road access, power, drainage, sanitary facilities, or domestic water supply, or being beyond the
natural development of the area at the time of application unless the applicant contracts to pay the
full cost of construction of the services deemed necessary by the Authority and such cost shall
attach to and upon the property in respect of which it is imposed.
10. Discretionary Powers of Authority
(1)
In considering an application for a permit or for approval in principle to carry out
development, the Authority shall take into account the policies expressed in the Munici-
pal Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the
general appearance of the development of the area, the amenity of the surroundings,
availability of utilities, public safety and convenience, and any other considerations
which are, in its opinion, material, and notwithstanding the conformity of the application
with the requirements of these Regulations, the Authority may, in its discretion, and as a
result of its consideration of the matters set out in this Regulation, conditionally approve
or refuse the application.
(2)
An authority may, in its discretion, determine the uses that may or may not be developed
in a use zone and those uses shall be listed in the authority''s regulations as discretionary,
permitted or prohibited uses for that area.
11. Variances
(1)
Where an approval or permit cannot be given by the Authority because a proposed
development does not comply with development standards set out in development
regulations, the Authority may, in its discretion, vary the applicable development
standards to a maximum of 10% if, in the authority''s opinion, compliance with the
development standards would prejudice the proper development of the land, building or
structure in question or would be contrary to public interest.
(2)
The Authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances
made or to be made with respect to the same land, building or structure, would have a
cumulative effect that is greater than a 10% variance even though the individual
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variances are separately no more than 10%.
(3)
The Authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing development.
12. Notice of Variance
Where the Authority is to consider a proposed variance, the Authority shall give written notice of
the proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance, and allow a minimum period of 7 days for
response.
13. Service Levy
(1)
The Authority 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.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance charges to
the Authority of constructing or improving the public works referred to in Regulation
13(1) that are necessary for the real property to be developed in accordance with the
standards required by the Authority and for uses that are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefited by the public works related to all the real
property so benefited; and,
(b)
the density of development made capable or increased by the public work.
(4)
The Authority may require a service levy to be paid by the owner of the real property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real property commences;
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(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
14. Financial Guarantees by Developer
(1)
The Authority may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may be required to
guarantee the payment of service levies, ensure site reinstatement, and to enforce the
carrying out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the form of:
(a)
a cash deposit from the developer, to be held by the Authority, or;
(b)
a guarantee by a bank, or other institution acceptable to the Minister, for
expenditures by the developer, or;
(c)
a performance bond provided by an insurance company or a bank, or;
(d)
an annual contribution to a sinking fund held by the Authority, or;
(f)
another form of financial guarantee that the Authority may approve.
15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, the Authority 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 the Authority 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, the Authority 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,
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occupier or owner shall carry out the order of the Authority and shall put the site in a clean and
sanitary condition to the satisfaction of the Authority.
17. Form of Application
(1)
An application for a development permit or for approval in principle shall be
made only by the owner or by a person authorized by the owner to the Authority on such
form as may be prescribed by the Authority, and every application shall include such
plans, specifications and drawings as the Authority may require, and be accompanied by
the permit fee required by the Authority.
(2)
The Authority shall supply to every applicant a copy of the application forms referred to
in Regulation 17(1) and a description of the plans, specifications and drawings required
to be provided with the application and any information or requirements applicable to the
application.
18. Register of Application
The Authority shall keep a public register of all applications for development, and shall enter
therein the Authority's decision upon each application and the result of any appeal from that
decision.
19. Deferment of Application
(1)
The Authority may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations which have not
been determined by the Authority and on which a decision has not been communicated to
the applicant within eight weeks of the receipt thereof by the Authority, and on which
consideration has not been deferred in accordance with Regulation 18(1), shall be
deemed to be refused.
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20. Approval in Principle
(1)
The Authority may grant approval in principle for the erection, alteration or
conversion of a building if, after considering an application for approval in principle
made under these Regulations, it is satisfied that the proposed development is, subject to
the approval of detailed plans, in compliance with these Regulations.
(2)
Where approval in principle is granted under this Regulation, it shall be subject to the
subsequent approval by the Authority of such details as may be listed in the approval in
principle, which shall also specify that further application for approval of these details
shall be received not later than two years from the grant of approval in principle.
21. Development Permit
(1)
A plan or drawing which has been approved by the Authority and which bears a
mark and/or signature indicating such approval together with a permit shall be deemed to
be permission to develop land in accordance with these Regulations but such permission
shall not relieve the applicant from full responsibility for obtaining permits or approvals
under any other regulation or statute prior to commencing the development; from having
the work carried out in accordance with these Regulations or any other regulations or
statutes; and from compliance with all conditions imposed thereunder.
(2)
The Authority may attach to a permit or to approval in principle such conditions as it
deems fit in order to ensure that the proposed development will be in accordance with the
purposes and intent of these Regulations.
(3)
Where the Authority deems necessary, permits may be issued on a temporary basis for a
period not exceeding two years, which may be extended in writing by the Authority for
further periods not exceeding two years.
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(4)
A permit is valid for such period, not in excess of two years, as may be stated therein, and
if the development has not commenced, the permit may be renewed for a further period
not in excess of one year, but a permit shall not be renewed more than once, except in the
case of a permit for an advertisement, which may be renewed in accordance with Part III
of these Regulations.
(5)
The approval of any application and plans or drawings or the issue of a permit shall not
prevent the Authority from thereafter requiring the correction of errors, or from ordering
the cessation, removal of, or remedial work on any development being carried out in the
event that the same is in violation of this or any other regulations or statute.
(6)
The Authority may revoke a permit for failure by the holder of it to comply with these
Regulations or any condition attached to the permit or where the permit was issued in
error or was issued on the basis of incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications upon which a permit
to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter or thing in being
done for which a permit has been issued, a copy of the permit and any plans, drawings or
specifications on which the issue of the permit was based during the whole progress of
the work, or the doing of the matter or thing until completion.
22. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit, state the
reasons for so doing.
23. Notice of Right to Appeal
Where the Authority makes a decision that may be appealed under section 42 of the Act, the
Authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the:
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(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.
24. Appeal Requirements
(1)
The secretary of the Appeal Board at the Department of Municipal and Provincial
Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John''s,
Nfld., A1B 4J6 is the secretary to all Appeal Boards in the province and an appeal filed
with that secretary within the time period referred to in subsection 42(4) of the Act shall
be considered to have been filed with the appropriate Appeal Board.
(2)
The fee required under section 44 of the Act shall be paid to the Appeal Board that hears
the decision being appealed by filing it with the secretary referred to in subsection (1) or
(2) within the 14 days referred to in subsection 42(4) of the Act.
(3)
The Appeal Board that hears the decision being appealed shall, subject to subsection
44(3) of the Act, retain the fee paid to the Appeal Board.
(4)
Where an appeal of a decision and the required fee is not received by an Appeal Board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall
be considered to have been forfeited.
25. Appeal Registration
(1)
Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the Appeal Board as referred to in subsections 24(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the Appeal Board shall notify the
Authority of the appeal and shall provide to the Authority a copy of the appeal and the
documentation related to the appeal.
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(3)
Where the Authority has been notified of an appeal that Authority shall within one week
of notification forward to the appropriate board a copy of the application being appealed,
all correspondence, council minutes, plans and other relevant information relating to the
appeal including the names and addresses of the applicant and other interested persons of
whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board shall
publish in a newspaper circulated in the area of the appropriate authority, a notice that the
appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks before
the date upon which the appeal is to be heard by the board.
26. Development Prohibited
(1)
Immediately upon notice of the registration of an appeal the Authority shall ensure that
any development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to the Authority acting under subsection (1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, the Authority shall not carry out work related to the matter
being appealed.
27. Appeal Board
The minister may, by order, establish an Appeal Board and shall assign to the Appeal Board a specific
area of the province over which it shall have jurisdiction, as outlined in section 40, of the Act.
28. Appeals
1) A person or an association of persons aggrieved of a decision that, under the regulations, may be
appealed, may appeal that decision to the appropriate Appeal Board where the decision is with
respect to:
a. an application to undertake a development;
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b. a revocation of an approval or a permit to undertake a development;
c. the issuance of a stop work order; and
d. a decision permitted under the Act or another Act to be appealed to the board.
2) A decision of the Authority to adopt, approve or proceed with a municipal plan, a scheme,
development regulations and amendments and revisions of them is final and not subject to an
appeal.
3) An Appeal Board shall not make a decision that does not comply with the municipal plan, a
scheme and development regulations that apply to the matter being appealed.
4) An appeal shall be filed with the Appeal Board not more than 14 days after the person who made
the original application appealed from has received the decision being appealed.
5) An appeal shall be made in writing and shall include
a. a summary of the decision appealed from;
b. the grounds for the appeal; and
c. the required fee.
6) A person or group of persons affected by the subject of an appeal or their representatives may
appear before an Appeal Board and make representations concerning the matter under appeal.
7) An Appeal Board may inform itself of the subject matter of the appeal in the manner it considers
necessary to reach a decision.
8) An Appeal Board shall consider and determine appeals in accordance with the Act and the
municipal plan, scheme and regulations that have been registered under section 24, of the Act,
and having regard to the circumstances and merits of the case.
9) A decision of the Appeal Board must comply with the plan, scheme or development regulations
that apply to the matter that has been appealed to that board.
10) In determining an appeal, an Appeal Board may confirm, reverse or vary the decision appealed
from and may impose those conditions that the board considers appropriate in the circumstances
and may direct the Authority to carry out its decision or make the necessary order to have its
decision implemented.
11) Notwithstanding subsection (10), where the Authority may, in its discretion, make a decision, an
Appeal Board shall not make another decision that overrules the discretionary decision.
12) The decision of a majority of the members of an Appeal Board present at the hearing of an appeal
shall be the decision of the Appeal Board.
13) An Appeal Board shall, in writing notify the appellant and the appropriate Authority of the
decision of the Appeal Board.
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29. Hearing Notice and Meetings
(1)
An Appeal Board shall notify the appellant, applicant, authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal not fewer
than 7 days before the date scheduled for the hearing of the appeal.
(2)
An Appeal Board may meet as often as is necessary to conduct its work in an expeditious
manner.
30. Hearing of Evidence
(1)
An Appeal Board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under regulation 29(1) or their representative may
appear before the Appeal Board and make representations with respect to the matter
being appealed.
(2)
An Appeal Board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as
evidence directly provided at the hearing of the Appeal Board.
(4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
31. Return of Appeal Fee
Where an appeal made by an appellant under section 42 of the Act, is successful, an amount of
money equal to the fee paid by that appellant under regulation 24(2) shall be paid to him or her by
the Authority.
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32. Notice of Application
The Authority may, and when a variance is necessary under Regulation 11 and the Authority
wishes to consider whether to authorize such a variance, when a change in nonconforming use is
to be considered under Regulation 49, or when the development proposed is listed as a dis-
cretionary use in Schedule C of the 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, and under Regulation 12 and the
Authority shall give written notice of the proposed variance from development standards to all
persons whose land is in the immediate vicinity of the land that is the subject of the variance, and
allow a minimum period of 7 days for response.
33. Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land and may
at all reasonable times enter any development or building upon the land for the purpose of making
surveys or examinations or obtaining information relative to the carrying out of any development,
construction, alteration, repair, or any other works whatsoever which the Authority is empowered
to regulate.
34. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to his
knowledge and report that violation to the Authority.
35. Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, the Authority may order that person to stop the development or work
connected therewith pending final adjudication in any prosecution arising out of the
development.
(2)
A person who does not comply with an order made under Regulation 35(1) is guilty of an
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offence under the provisions of the Act.
36 Delegation of Powers
An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
Part II - General Development Standards
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PART II - GENERAL DEVELOPMENT STANDARDS
37. Accesses and Service Streets
(1)
Access shall be located to the specification of the Authority so as to ensure the
greatest possible convenience and safety of the street system and the Authority may
prescribe the construction of service streets to reduce the number of accesses to collector
and arterial streets.
(2)
No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
38. Accessory Buildings
(1)
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.
(2)
(a) No accessory building or part thereof shall project in front of any building
line. No accessory building shall be located closer to the street line than
the main residential dwelling.
(b) In the case of a legal backlot development, Council shall exercise
discretion when considering an accessory building projecting in front of
a building line as established on the backlot.
DRA-2012-1 and NL Gazette.
(3)
The sideyard requirements set out in the use zone tables in these Regulations
shall apply to accessory buildings wherever they are located on the lot but accessory
buildings on two (2) adjoining properties may be built to property boundaries provided
they shall be of fire resistant construction and have a common firewall.
Part II - General Development Standards
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39. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part III of these
Regulations.
40. Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or proposed
residential area, or is separated from it by a road only, the owner of the site of the industrial
development shall provide a buffer strip not less than ten (10) metres wide between any
residential activity and the industrial area. The buffer shall include the provision of such natural
or structural barrier as may be required by the Authority and shall be maintained by the owner or
occupier to the satisfaction of the Authority.
41. Building Height
The Authority 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 rearyard requirements shall be varied
as follows:
(1)
The building line setback shall be increased by 2 m for every 1 m increase in height.
(2)
The rearyard shall not be less than the minimum building line setback calculated as
described in (1) above plus 6 m.
42. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed street or
service street and may require any new buildings to be located on those building lines, whether or
not such building lines conform to the standards set out in the tables in Schedule C of these
Regulations.
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43. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff, provided that in the
opinion of the Authority, the use of the dwelling does not materially differ from, nor adversely
affect, the amenities of the adjacent residences, or the neighbourhood in which it is located. The
Authority may require special access and safety features to be provided for the occupants before
occupancy is permitted.
44. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be waived in the case
of communication masts and antennae, flagpoles, water towers, spires, belfries, or chimneys, but
any such waiver which results in an increase of more than 10% the permitted height of the
structure shall only be authorized under the provisions of Regulation 11.
45. Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be erected or
used unless it complies with the following requirements:
(a)
The structure shall be at least 600 m from a residence, (except a farm residence
or a residence 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), and, from an area designated for residential
use in an approved Plan, and, from a Provincial or Federal Park.
(b)
The structure shall be at least 60 m from the boundary of the property on which it
is to be erected.
(c)
The structure shall be at least 90 m from the centre line of a street.
(d)
The erection of the structure shall be approved by the Department of Natural
Resources and the Department of Environment and Conservation.
(2)
No development for residential use shall be permitted within 600 m of an existing
structure designed to contain more than five animal units unless the development is first
Part II - General Development Standards
Page18
approved by the Department of Natural Resources.
46. Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall have a lot
coverage that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less
than that permitted by these Regulations for the zone in which such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a yard, it shall
continue to be so used regardless of any change in the ownership of the lot or any part
thereof, and shall not be deemed to form part of an adjacent lot for the purpose of
computing the area thereof available for building purposes.
47. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist in
any residential zone, with insufficient frontage or area to permit the owner or purchaser of such a
lot or lots to comply with the provisions of these Regulations, then these Regulations shall not
prevent the issuing of a permit by the Authority for the erection of a dwelling thereon, provided
that the lot coverage and height are not greater than, and the yards and floor area are not less than
the standards set out in these Regulations.
48. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these
Regulations, no residential or commercial building shall be erected unless the lot on which it is
situated fronts directly onto a street or forms part of a Comprehensive Development Scheme.
49. Non-Conforming Use
(1)
Notwithstanding the Municipal Plan, scheme or regulations made under this Urban and
Rural Planning Act, 2001, the Authority shall, in accordance with regulations made under
this Act, allow a development or use of land to continue in a manner that does not
conform with a regulation, scheme, or plan that applies to that land provided that the non-
Part II - General Development Standards
Page19
conforming use legally existed before the registration under section 24 of the Act,
scheme or regulations made with respect to that kind of development or use.
(2)
Notwithstanding subsection (1), a right to resume a discontinued non-conforming use of
land shall not exceed 12 months after that discontinuance.
(3)
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 (1)
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Authority;
(b)
shall not be structurally modified except as required for the safety of the building,
structure or development;
(c)
shall not be reconstructed or repaired for use in the same non-conforming manner
where 50% or more of the value of that building, structure or development has
been destroyed;
(d)
may have the existing use for that building, structure or development varied by
the Authority to a use that is, in the Authority's opinion, more compatible with
the plan and regulations applicable to it;
(e)
may have the existing building extended by approval of the Authority where, in
the Authority's opinion, the extension is not more than 50% of the existing
building;
(f)
where the non-conformance is with respect to the standards included in these
development regulations, shall not be expanded if the expansion would increase
the non-conformity;
(g)
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.
h)
where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with the municipal plan and regulations, be
repaired or rebuilt where 50% or more of the value of that building or structure is
destroyed.
Part II - General Development Standards
Page20
4)
Where considering a non conforming building, structure or development and before
making a decision to vary an existing use of that non-conforming building, structure or
development, the Authority, at the applicant''s expense, shall publish a notice in a
newspaper circulating in the area or by other means give public notice of an application
to vary the existing use of a non-conforming building, structure or development and shall
consider any representations or submissions received in response to that advertisement.
50. Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous fumes,
smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any
nuisance that has an unpleasant effect on the senses unless its use is authorized by the Authority
and any other authority having jurisdiction.
51. Offstreet Parking Requirements
(1)
For every building, structure or use to be erected, enlarged or established, there
shall be provided and maintained a quantity of off-street parking spaces sufficient to
ensure that the flow of traffic on adjacent streets is not impeded by the on-street parking
of vehicles associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Schedule D of these Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings, shall be made
accessible by means of a hard surfaced right-of-way at least 3 m in width. Parking
required in a Residential Zone shall be provided on the same lot as the dwelling or
dwellings. Parking space for apartments shall be provided in the rear yard where
possible. In a Non-Residential Zone, parking spaces shall be provided within the limits
of the zone in which the use is situated and not more than 200 m distant from the use
concerned.
(4)
The parking facilities required by this Regulation shall, except in the case of single or
Part II - General Development Standards
Page21
attached dwellings, be arranged so that it is not necessary for any vehicle to reverse onto
or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are required or
permitted:
(a)
parking space shall mean an area of land, not less than 15 m² in size, capable of
being used for the parking of a vehicle without the need to move other vehicles
on adjacent areas;
(b)
the parking area shall be constructed and maintained to the specifications of the
Authority;
(c)
the lights used for illumination of the parking area shall be so arranged as to
divert the light away from adjacent development;
(d)
a structure, not more than 3 m in height and more than 5 m² in area may be
erected in the parking area for the use of attendants in the area;
(e)
except in zones in which a service station is a permitted use, no gasoline pump or
other service station equipment shall be located or maintained on a parking area;
(f)
no part of any off-street parking area shall be closer than 1.5 m to the front lot
line in any zone;
(g)
access to parking areas in non-residential zones shall not be by way of residential
zones;
(h)
where a parking area is in or abuts a residential zone, a natural or structural
barrier at least 1 m in height shall be erected and maintained along all lot lines;
(i)
where, in the opinion of the Authority, strict application of the above parking
requirements is impractical or undesirable, the Authority may as a condition of a
permit require the developer to pay a service levy in accordance with these
Regulations in lieu of the provision of a parking area, and the full amount of the
levy charged shall be used by the Authority for the provision
and upkeep of alternative parking facilities within the general vicinity of the
development.
52. Off-Street Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or established
requiring the shipping, loading or unloading of animals, goods, wares or merchandise,
Part II - General Development Standards
Page22
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 m long, 4 m wide, and
having a vertical clearance of at least 4 m with direct access to a street or with access by a
driveway of a minimum width of 6 m to a street.
(2)
The number of loading spaces to be provided shall be determined by the Authority.
(3)
The loading facilities required by this 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.
53. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and playgrounds
are not located in areas which may be hazardous to their use and are not operated for commercial
purposes.
54. Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the owner or occupier to
provide adequate and suitable landscaping or screening; and for this purpose may require the
submission of an application giving details of the landscaping or screening, and these Regulations
shall then apply to that application. The provision of adequate and suitable landscaping or
screening may be made a condition of any development permit where, in the opinion of the
Authority, the landscaping or screening is desirable to preserve amenity, or protect the
environment.
55. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the provision of
public services and public utilities if the use of that land is necessary to the proper operation of
the public service or public utility concerned provided that the design and landscaping of any
development of any land so used is, in the opinion of the Authority, adequate to protect the
Part II - General Development Standards
Page23
character and appearance of the area.
56. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such purpose, and to
which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and where a
service station is located on a corner lot, the minimum distance between an access and the
intersection of street lines at the junction shall be 10 metres and the lot line between
entrances shall be clearly indicated.
57. Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the exposed sides of
every building in order to provide access for the maintenance of that building.
58. Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Authority.
59. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of
calculating lot area and yard requirements, shall be considered part of the self-contained dwelling.
60. 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.
Part II - General Development Standards
Page24
61. Zero Lot Line and Other Comprehensive Development
The Authority 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.
Part III - Advertisements
Page25
PART III - ADVERTISEMENTS
62. Permit Required
Subject to the provisions of Regulation 67, no advertisement shall be erected or displayed in the
Planning Area unless a permit for the advertisement is first obtained from the Authority. Permit
for erection or display of advertisement on Provincial Highways shall be obtain from the
Government Service Centre.
63. Form of Application
Application for a permit to erect or display an advertisement shall be made to the authority in
accordance with Regulation 17.
64. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any highway or
street reservation.
65. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement shall be
for a limited period, not exceeding two years, but may be renewed at the discretion of the
Authority for similar periods.
66. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the removal of
any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination, or structural
Part III - Advertisements
Page26
condition, or;
(b)
detrimental to the amenities of the surrounding area.
67. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Authority:
(a)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m²
in area;
(b)
on an agricultural holding or farm, a notice board not exceeding 1 m² in area and relating
to the operations being conducted on the land;
(c)
on land used for forestry purposes, signs or notices not exceeding 1 m² in area and
relating to forestry operations or the location of logging operations conducted on the land;
(d)
on land used for mining or quarrying operations, a notice board not exceeding 1 m² in
area relating to the operation conducted on the land;
(e)
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 m² in
area in connection with the practice of a professional person carried on in the premises;
(f)
on any site occupied by a church, school, library, art gallery, museum, institution or
cemetery, one notice board not exceeding 1 m² in area;
(g)
on the principal facade of any commercial, industrial or public building, the name of the
building or the name of the occupants of the building, in letters not exceeding one-tenth
of the height of that facade or 3 m, whichever is the lesser;
(h)
on any parking lot directional signs and one sign not exceeding 1 m² in size, identifying
the parking lot.
68. 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.
Part IV - Subdivision of Land
Page 27
69. Non-Conforming Uses
Notwithstanding the provisions of Regulation 62, a permit may be used for the erection or display
of advertisements on a building or within the courtyard of a building or on a parcel of land, the
use of which is a non conforming use, provided that the advertisement does not exceed the size
and type of advertisement which could be permitted if the development was in a Use Zone
appropriate to its use, and subject to any other conditions deemed appropriate by the Authority.
Part IV - Subdivision of Land
Page 28
PART IV - SUBDIVISION OF LAND
70. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of the
subdivision is first obtained from the Authority.
71. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions satisfactory to
the Authority 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.
72. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been reached
for the payment of all fees levied by the Authority 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.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Authority shall, without
limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
(d)
the land use, physical form and character of adjacent developments;
(e)
the transportation network and traffic densities affecting the site;
(f)
the relationship of the project to existing or potential sources of nuisance;
Part IV - Subdivision of Land
Page 29
(g)
soil and subsoil characteristics;
(h)
the topography of the site and its drainage;
(i)
natural features such as lakes, streams, topsoil, trees and shrubs;
(j)
prevailing winds;
(k)
visual quality;
(l)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
74. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building permit shall
be obtained for each building proposed to be erected in the area of the subdivision, and no
building permit for any building in the area shall be issued until the developer has complied with
all the provisions of these Regulations with respect to the development of the subdivision.
75. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in accordance
with Regulation 17.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on
the Zoning Maps.
77. Building Lines
The Authority may establish building lines for any subdivision street and require any new
Part IV - Subdivision of Land
Page 30
building to be located on such building lines.
78. Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate to
the Authority, at no cost to the Authority, an area of land equivalent to not more than 10%
of the gross area of the subdivision or 25 m² for every dwelling unit permitted in the
subdivision, whichever is the greater, for public open space, provided that:
(a)
where land is subdivided for any purpose other than residential use, the Authority
shall determine the percentage of land to be dedicated;
(b)
if, in the opinion of the Authority, no public open space is required, the land may
be used for such other public use as the Authority may determine;
(c)
the location and suitability of any land dedicated under the provisions of this
Regulation shall be subject to the approval of the Authority but in any case, the
Authority shall not accept land which, in its opinion is incapable of development
for any purpose;
(d)
the Authority 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;
(e)
money received by the Authority in accordance with Regulation 78(1)(d) above,
shall be reserved by the Authority for the purpose of the acquisition or
development of land for public open space or other public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall be conveyed to the
Authority and may be sold or leased by the Authority 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.
(3)
The Authority may require a strip of land to be reserved and remain undeveloped along
the banks of any river, brook or pond, and this land may, at the discretion of the
Authority, constitute the requirement of land for public use under Regulation 78(1).
Part IV - Subdivision of Land
Page 31
79. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole, telegraph or
telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the prior approval of the
Authority which shall be satisfied on the question of safe construction and relationship to the
adjoining buildings and other structures within the street reservation.
80. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter of not less than 30
m.
(c)
The maximum length of any cul de sac shall be:
(i)
200m in areas served by or planned to be served by municipal piped water and
sewer services, as shown in the map and letter of agreement signed by the
Municipality and the Minister of Municipal and Provincial Affairs in connection
with municipal five-year capital works program eligibility.
(ii)
300m in areas not served by or planned to be served by municipal piped water
and sewer services.
(d)
Emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall
connect the head of the cul de sac with an adjacent street.
(e)
No cul de sac shall be located so as to appear to terminate a collector street.
(f)
New subdivisions shall have street connections with an existing street or streets.
(g)
All street intersections shall be constructed within 5 of a right angle and this alignment
shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(i)
No more than four streets shall join at any street intersection.
(j)
No residential street block shall be longer than 490 m between street intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with the approved
standards of the Authority, but in the absence of such standards, shall conform to the
Part IV - Subdivision of Land
Page 32
following minimum standards:
Type of Street
Street
Reservation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Arterial Streets
30 m
15 m
1.5 m
discretion
of Council
Collector Streets
20 m
15 m
1.5 m
2
Local Residential Streets:
where more than 50%
of the units are single or
double dwellings;
where 50% or more of
the units are row
houses or apartments.
15 m
20 m
9 m
9 m
1.5 m
1.5 m
1
2
Service Streets
15 m
9 m
1.5 m
discretion
of Council
(l)
No lot intended for residential purposes shall have a depth exceeding four times the
frontage.
(m)
Residential lots shall not be permitted which abut a local street at both front and rear lot
lines.
(n)
The Authority may require any existing natural, historical or architectural feature or part
thereof to be retained when a subdivision is developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
81. Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters and catch
basins and all other utilities deemed necessary by the Authority to service the area
proposed to be developed or subdivided shall be designed and prepared by or approved by
the
Engineer. Such designs and specifications shall, upon approval by the Authority, be
incorporated in the plan of subdivision.
Part IV - Subdivision of Land
Page 33
(2)
Upon approval by the Authority of the proposed subdivision, the Engineer shall certify all
work of construction layout preliminary to the construction of the works and thereupon
the developer shall proceed to the construction and installation, at his own cost and in
accordance with the approved designs and specifications and the construction layout
certified by the Engineer, of all such water mains, hydrants, sanitary sewers and all
appurtenances and of all such streets and other works deemed necessary by the Authority
to service the said area.
82. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the preparation of
designs and specifications and for the layout and supervision of construction; such fees and
charges being percentages of the total cost of materials and labour for the construction and
installation of all works calculated in accordance with the Schedule of Fees recommended by the
Professional Engineers and Geoscientists of Newfoundland and Labrador (PEGNL) and in effect
at the time the work is carried out.
83. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and paving
specified by the Authority as being necessary, may, at the Authority's discretion, be deferred until
a later stage of the work on the development of the subdivision but the developer shall deposit
with the Authority before approval of his application, an amount estimated by the Engineer as
reasonably sufficient to cover the cost of construction and installation of the works. In the later
stage of the work of development, the Authority shall call for tenders for the work of construction
and installation of the works, and the amount so deposited by the developer shall be applied
towards payment of the contract cost. If the contract cost exceeds the deposit, the developer shall
pay to the Authority the amount of the excess. If the contract price is less than the deposit, the
Authority shall refund the amount by which the deposit exceeds the contract price. Any amount
so deposited with the Authority 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.
Part IV - Subdivision of Land
Page 34
84. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land and upon
request of the Authority, transfer to the Authority, at no cost to the Authority, and clear of
all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided which are approved
and designated by the Authority for public uses as streets, or other rights-of-way,
or for other public use;
(b)
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 the Authority.
(2)
Before the Authority shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets, services and
public works installed in the subdivision and certify his satisfaction with their installation.
(3)
The Authority shall not provide maintenance for any street, service or public work in any
subdivision until such time as such street, service or public work has been transferred to
and accepted by the Authority.
85. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until the Authority 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.
86. Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building types
Part IV - Subdivision of Land
Page 35
and for landscaping in order to enhance the visual aspects of the completed development
and to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by the Authority, shall not be changed without written
application to and subsequent approval of the Authority.
Part V - Use Zones
Page 36
PART V - USE ZONES
87. Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use
Zones which are shown on the Zoning Map attached to and forming part of these
Regulations.
(2)
Subject to Regulation 87(3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in the Use
Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not set out in
the Use Zone Tables in Schedule C, the Authority may in its discretion, determine the
standards, requirements and conditions which shall apply.
88. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in Schedule C
shall be determined by the Authority in accordance with the classification and examples set out in
Schedule B.
89. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in the
appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that Use Zone.
90. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in the
Bauline Development Regulations-Schedule A
appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if the Authority is
satisfied that the development would not be contrary to the general intent and purpose of these
Regulations, the Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and
to the public interest, and if the Authority has given notice of the application in accordance with
Regulation 32 and has considered any objections or representations which may have been
received on the matter.
91. 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.
Bauline Development Regulations-Schedule A
SCHEDULE A
DEFINITIONS
ACCESS means a way used or intended to be used by vehicles, pedestrians or animals in order
to go from a street to adjacent or nearby land or to go from that land to the street.
ACCESSORY BUILDING includes:
a)
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,
b)
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,
c)
for commercial uses, workshops or garages, and
d)
for industrial uses, garages, offices, raised ramps and docks.
ACCESSORY DWELLING UNIT means a separate dwelling unit constructed within and
subsidiary to the main use. The main use shall not be a single dwelling, double dwelling, row
dwelling, and apartment building.
ACCESSORY USE means a use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use.
ACT means the Urban and Rural Planning Act, 2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part for
the purposes of advertisement, announcement or direction; excluding such things employed
wholly as a memorial, or functional advertisement of Councils, or other local authorities, public
utilities and public transport undertakers, and including any boarding or similar structure used or
adapted for use for the display of advertisements.
AGRICULTURE means horticulture, fruit growing, grain growing, crop growing, seed
growing, dairy farming, bee keeping, the breeding or keeping of animals for food, wool, skins, or
Bauline Development Regulations-Schedule A
fur, or the use of land as grazing land, meadow land, market gardens and nursery grounds and the
use of land for woodlands where that use is ancillary to the farming of land. Agriculture shall
also include the primary processing of on site products.
AMUSEMENT USE means the use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pinball games and slot
machine arcades and billiard and pool halls.
ANIMAL UNIT means one of the following animals or groups:
1 Dairy Cow (or calve)
2 Sows
1 Beef Cow (or calve)
1 Hog (operation based on 15-90 kg.)
1 Bull
1 Boar
1 Horse (or foal)
30 Broiler Chickens (less than 1.5 kg)
4 Ewe sheep or lambs
20 Layer Hens (less than 2.3 kg)
10 Foxes (inc.breed females, male & litter)
10 Turkeys
10 Mink (inc. breed females, males & litter) 20 Rabbits (doe includes litter)
1 Sow (farrow to finish) or as defined by the Council
APARTMENT BUILDING means a building containing three or more dwelling units, but does
not include a row dwelling or a single dwelling with a subsidiary apartment.
APPLICANT means a person who has applied to an authority for an approval or permit to carry
out a development.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic
arteries of the area and defined as arterial streets or highways in the Municipal Plan or on the
Zoning Map.
AUTHORITY means a council, authorized administrator or regional authority.
Bauline Development Regulations-Schedule A
BACKLOT means a lot characterized by the location of the residential lot generally at the rear
of another residential lot, or otherwise separated from the public street which provides access,
and by a narrower area extending from the rear residential lot to the public street.
BED AND BREAKFAST means a detached dwelling occupied by the property owner or the
bed and breakfast host as a primary residence in which overnight accommodation and a breakfast
meal are offered to registered guests for a fee.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BUFFER means a berm, row of trees or shrubs, hedge, fence, or distance seperation that
provides a barrier between incompatible sites, uses or districts.
BUILDING means:
a)
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;
b)
a part of and fixtures on buildings referred to in (a), and;
c) an excavation of land whether or not that excavation is associated with the intended or actual
construction of a building referred to in (a) and (b).
BUILDING HEIGHT means the vertical distance, measured in metres from the established
grade to the:
a)
highest point of the roof surface of a flat roof;
b)
deck line of a mansard roof; and
c)
mean height level between the eave and the ridge of a gable, hip or gambrel roof.
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 a street line and is
set at the closest point to a street that a building may be placed.
CHILD CARE FACILITY means a building or part o a building in which services and care are
regularly provided to children or adults, but does not include a school as defined by the Schools
Act.
Bauline Development Regulations-Schedule A
COLLECTOR STREET means a street that is designed to link local streets with arterial streets
and which is designated as a collector street in the Municipal Plan, or on the Zoning Map.
CORNER LOT means a lot bounded on two or more sides by intersecting streets or roads.
COUNCIL means the Municipal Council of the Town of Bauline.
DEVELOPMENT means the carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the use, or the
intensity of use of any land, buildings, or premises and shall include:
(a)
the making of an access onto a highway, road or way;
(b)
the erection of an advertisement or sign;
(c)
the parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as
an office, or for living accommodation, for any period of time.
This definition shall exclude:
(d)
the carrying out of works for the maintenance, improvement or other alteration or any
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building;
(e)
the carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the road
reservation;
(f)
the carrying out by any local authority or statutory undertakers 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;
(g)
the use of any building or land within the courtyard of a dwelling house for any purpose
incidental to the enjoyment of the dwelling house as such.
DEVELOPMENT AGREEMENT means a written agreement between the municipality and a
developer which establishes particular circumstances and conditions under which a development
may be carried out.
DEVELOPMENT REGULATIONS: Regulations and by-laws respecting development that
have been enacted by the Town of Bauline.
DISCRETIONARY USE means a use that is listed within the discretionary use classes
established in the land use zone tables of the Bauline Development Regulations.
Bauline Development Regulations-Schedule A
DOUBLE DWELLING means a building containing two dwelling units, placed one above the
other, or side by side, but does not include a self-contained dwelling containing a subsidiary
apartment.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used
or designed as the living quarters for one or more persons.
ENGINEER means a professional engineer who is a member of the Association of Professional
Engineers and Geoscientists of Newfoundland and who is employed or retained by the Council.
ESTABLISHED BUILDING LINE means the average distance from the street line of existing
buildings where one or more than half the frontage has been built upon in the past.
ESTABLISHED GRADE means:
a)
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
b)
where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure, exclusive of any
artificial embankment or entrenchment.
FAMILY CHILD CARE USE means a building or part of a building in which services and
activities are regularly provided for up to six (6) children as defined in the Child Care Services
Act, but do not include a school as defined by the Schools Act.
FLOODWAY means the inner portion of a flood risk area, where the risk of flood is greatest, on
average once in twenty years, and where flood depths and water velocities are greatest.
FLOODWAY FRINGE means the outer portion of a flood risk area, between the floodway and
the outer boundary of the flood risk area, where the risk of flooding is lower, on average once in
one hundred years, and flood waters are shallower and slower.
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.
Bauline Development Regulations-Schedule A
FLOOR AREA means the total area of all floors in 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.
GENERAL GARAGE means land or buildings used for 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.
GROUP CHILD CARE USE means a building or part of a building in which services and
activities are regularly provided for seven (7) or more children as defined in the Child Care
Services Act, but do not include a school as defined by the Schools Act.
GROUP HOME means a dwelling unit accommodating not more than 6 persons, exclusive of
staff, in a home-like setting where staff provide care and supervision. This definition includes,
but is not limited to, the facilities called "Transition House" and "Foster Home".
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 OCCUPATION means a secondary use of a dwelling unit or its accessory building by
at least one of the residents of such dwelling unit to conduct a gainful occupation or business
activity, and subsidiary to a residential use. Also referred to as a "Home based Business", and
Bauline Development Regulations-Schedule A
classified as an "Office" use.
HOME OFFICE/BUSINESS means a secondary use of a dwelling unit by at least one of the
residents of such dwelling unit to conduct a gainful occupation or business activity with such
occupation or business activity being restricted to office uses which do not involve visitation by
clients, customers, or the general public to the site, nor the employment of non-residents, and
subsidiary to a residential use. Also referred to as a "Home Based Business", and classified as
an "Office" use.
HOSPITALITY HOME means a dwelling unit in which at least 1 room is regularly rented, and
includes the uses commonly referred to as "Bed and Breakfast", and "Boarding House".
INSPECTOR means a person appointed as an Inspector by the Town of Bauline.
LAND includes land covered by water, and buildings and structures on, over, or under the soil
and fixtures that form part of these buildings and structures.
LANDSCAPING means the development of land by altering the topography and ground cover
and may include the use of turf, plants, shrubs, trees, retaining walls and fences.
LIGHT INDUSTRY means the use of any land or buildings for general industrial use that can
be carried out without hazard or intrusion and without detriment to the amenity of the sur-
rounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or
appearance.
LIVESTOCK OPERATION means a livestock operation of agricultural animals confined in
one location which consists of 5 or more animal units at a given point in time.
LOCAL STREET means a street designed primarily to provide access to adjoining land and
which is not designated as a collector street or arterial street in the Municipal Plan, or on the
Zoning Map.
LOT means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building.
Bauline Development Regulations-Schedule A
LOT AREA means the total horizontal area within the lot lines of the lot.
LOT COVERAGE means the combined area of all buildings on the lot measured at the level of
the lowest floor above the established grade expressed as a percentage of the total area of the lot.
MINERAL WORKING means land or buildings used for the working, stockpiling or extraction
of rock, mineral, peat or aggregate material, and will include a "quarry".
MOBILE HOME means
a)
a transportable factory-built single family dwelling unit which complies with space
standards substantially equal to those laid down in the Canadian Code for Residential
Construction and is in accordance with the construction standards laid down and all other
applicable Provincial and Municipal Codes and;
b)
which is designed to be transported on its own wheels and chassis to a mobile home lot,
and subsequently supported on its own wheels, jacks, posts or piers, or on a permanent
foundation and;
c)
connected to exterior public utilities approved by the Authority, namely, piped water,
piped sewer, electricity and telephone, in order for such mobile home unit to be suitable
for year round term occupancy.
MUNICIPAL PLAN means a plan adopted by the 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 or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone.
OWNER means a person or an organization of persons owning or having the legal right to use
the land under consideration.
PERMITTED USE means a use that is listed within the permitted use classes set out in the use
zone tables of the Bauline Development Regulations.
PLANNING AREA means a regional planning area and a municipal planning area established
under 6 and 11 of the Act. For the purpose and context of these Regulations, the planning area
shall mean the area within the municipal boundaries of the Town of Bauline.
Bauline Development Regulations-Schedule A
PROHIBITED USE means a use that is not listed in a use zone within the permitted use classes
or discretionary use classes or a use that an authority specifies as not permitted within a use zone.
REAR YARD DEPTH means the distance between the rear lot line and the rear wall of the
main building on the lot.
RESTAURANT means a building or part of a building licensed for the purpose of serving meals
and includes a "Snack Bar".
ROW DWELLING means three or more dwelling units at ground level in one building, each
unit separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
SERVICE STATION means a building, including gas pumps, used for the sale of petroleum
products, and may include 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.
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.
Bauline Development Regulations-Schedule A
SIDE YARD WIDTH 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 of local government, utilities and boarding or similar structures used for the
display of advertisements.
STREET means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles.
STREET LINE means the edge of a street reservation as defined by the authority having
jurisdiction.
SUBDIVISION means the dividing of any land, whether in single or joint ownership, into two
or more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
TAKE-OUT FOOD means a building in which the primary purpose is the preparation and sale
of meals or refreshments for consumption off the premises.
USE means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE means an area of land including buildings and water designated on the
zoning map to which the uses, standards and conditions of a particular use zone table apply.
VARIANCE means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use Zone
Table of the Bauline Development Regulations.
ZONING MAP means the map or maps attached to and forming part of the Bauline
Development Regulations.
Bauline Development Regulations-Schedule B
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
NOTE: The classification of uses set out in the following table is based on the Classification of Typical
Occupancies included as Table 3.1.2.A of the National Building Code of Canada, 1980. This
classification is referred to in Regulation 84.
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
USES
1. Assembly Uses for the
production and viewing of
the performing arts.
(a) Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
2. General Assembly Uses
(a) Cultural and
Civic
Libraries
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(b) General
Assembly
Community Halls
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowling Alleys
(c) Educational
Schools
Colleges (non- residential)
(d) Place of
Worship
Churches and similar places of
worship.
Church Halls
(e) Passenger
Assembly
Passenger Terminals
(f) Club and
Lodge
Private Clubs and
Lodges (non-residential)
(g) Catering
Restaurants
Bars
Lounges
(h) Funeral
Home
Funeral Homes and Chapels
(i) Child Care
Day Care Centres
(j) Amusement
Electronic Games Arcades
Pinball Parlours
Poolrooms
Bauline Development Regulations-Schedule B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
USES
(continued)
3. Arena-type Uses
(a) Indoor
Assembly
Arenas
Armouries
Ice Rinks
Indoor Swimming Pools
4. Open-air Assembly Uses
(a) Outdoor
Assembly
Bleachers
Grandstands
Outdoor Ice Rinks
and Swimming Pools
Amusement Parks and
Fairgrounds
Exhibition/Demonistration
Grounds
Drive-in Theatres
B. INSTITUTIONAL
USES
1. Penal and Correctional
Institutional Uses
(a) Penal and
Correctional
Detention
Jails
Penitentiaries
Police Stations (with detention
quarters)
Prisons
Psychiatric Hospitals (with
detention quarters)
Reformatories
2. Special Care
Institutional Uses
(a) Medical
Treatment
and Special
Care
Children's Homes
Convalescent Homes
Homes for Aged
Hospitals
Infirmaries
Orphanages
Psychiatric
Hospitals
Sanatoria
C. RESIDENTIAL
USES
1. Residential
Dwelling
Uses
(a) Single
Dwelling
Single Detached Dwellings
Family & Group Homes
(b) Double
Dwelling
Semi-detached Dwelling
Duplex Dwellings
Family & Group Homes
(c) Row
Dwelling
Row Houses
Town Houses
Family & Group Homes
(d) Apartment
Building
Apartments
Family & Group Homes
Bauline Development Regulations-Schedule B
Page50
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDENTIAL
USES
(continued)
2. General Residential Uses
(continued)
(a) Collective
Residential
Residential
Colleges & Schools
University & College Halls
of Residence
Convents & Monasteries
Nurses and Hospital Residences
(b) Boarding
House
Residential
Boarding Houses
Lodging Houses
Hospitality Home/B & B
(c) Commercial
Residential
Hotels & Motels
Hostels
Residential Clubs
(d) Seasonal
Residential
Summer Homes & Cottages
Hunting & Fishing Cabins
(e) Mobile
Homes
Mobile Homes
D. BUSINESS
& PERSONAL
SERVICE
USES
1. Business, Professional,
and Personal Service
Uses
(a) Office
Offices (including Government
Offices) Banks
(b) Medical &
Professional
Medical Offices and Consulting
Rooms
Dental Offices & Surgeries
Legal Offices
Similar Professional Offices
(c) Personal
Service
Barbers
Hairdressers
Beauty Parlours
Small Appliance Repairs
(d) General
Service
Self-service Laundries
Dry Cleaners (not using
flammable or explosive
substances)
Small Tool and Appliance
Rentals
Travel Agents
Bauline Development Regulations-Schedule B
Page51
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
PERSONAL
SERVICE
USES
(continued)
1. Business,
Professional
& Personal
Service Uses
(continued)
(e) Communica-
tions
Radio Stations
Telephone Exchanges
(f) Police
Station
Police Stations
without detention quarters
(g) Taxi Stand
Taxi Stands
(h) Take-out
Food Service
Take-out Food
Service
(i) Veterinary
Veterinary Surgeries
E. MERCANTILE
USES
1. Retail Sale and
Display Uses
(a) Shopping
Centre
Shopping Centres
(b) Shop
Retail Shops, Stores and
Showrooms
Department Stores
(c) Indoor Market
Market Halls
Auction Halls
(d) Outdoor
Market
Market Grounds
Animal Markets
Produce and Fruit Stands
Fish Stalls
(e) Convenience
Store
Confectionary Stores
Corner Stores
Gift Shops
Specialty Shops
F. INDUSTRIAL
USES
1. Industrial uses involving
highly combustible and
hazardous substances and
processes.
(a) Hazardous
Industry
Bulk Storage of hazardous
liquids and substances.
Chemical Plants
Distilleries
Feed Mills
Lacquer, Mattress, Paint, Varnish,
and
Rubber Factories
Spray Painting
Bauline Development Regulations-Schedule B
Page52
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
USES
(continued)
2. General Industrial Uses
involving Limited
Hazardous Substances and
Processes.
(a) General
Industry
Factories
Cold Storage Plants
Freight Depots
General Garages
Warehouses
Workshops
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
(b) Service
Station
Gasoline Service Stations
Gas Bars
3. Light, Non-hazardous or
Non-intrusive Industrial
Uses.
(a) Light
Industry
Light Industry
Parking Garages
Indoor Storage
Warehouses
Workshops
G. NON-BUILDING
USES
1. Uses not directly related to
building.
(a) Agriculture
Commercial Farms
Hobby Farms
Market Gardens & Nurseries
(b) Forestry
Tree Nurseries
Silviculture
(c) Mineral
Working
Quarries
Pits
Mines
Oil Wells
Mineral Exploration
(d) Recreational
Open Space
Playing Fields
Sports Grounds
Parks
Playgrounds
Hiking Trails
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural, Historical and
Scenic Sites
Steep Slopes
Wildlife Sanctuaries
(f) Cemetery
Cemeteries
Graveyards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
Bauline Development Regulations-Schedule B
Page53
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G. NON-BUILDING
USES
(continued)
1. Uses not directly related to
building.
(h) Solid Waste
Solid Waste Disposal
Sanitary Land Fill
Incinerators
(i) Animal
Animal Pounds
Kennels
Zoos
(j) Antenna
TV, Radio and Communications
Transmitting, Receiving Masts
and Antennae
(k) Transportation
Airfields
Railway Yards
Docks and Harbours
Bauline Development Regulations-Schedule B
Page54
TOWN OF BAULINE
SCHEDULE "C"
USE ZONE TABLES
NOTE: This schedule contains tables showing the use classes which may be permitted or which
may be treated as discretionary use classes for the purpose of these Regulations. The tables also
indicate the required standards of development and may also include conditions affecting some or
all of the use classes.
The schedule contains tables for the following Use Zones:
Residential - Community
RC
Residential - Infill
RI
Commercial - Tourist
CT
Industrial Marine
IM
Open Space - Recreation
OSR
Open Space - Conservation
OSC
Watershed
WAT
Rural
RUR
Bauline Schedule C
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL- COMMUNITY
(RC)
PERMITTED USE CLASSES - (see Regulation 89)
Single dwelling, double dwelling, general assembly, recreational open space and antenna.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Row dwelling, apartment building, medical and professional, place of worship, convenience store,
personal services, medical treatment and special care, boarding house residential (condition 3), shop,
child care, light industry, general industry, and antenna.
STANDARDS
WHERE PERMITTED
Single Dwelling
Double Dwelling
Lot area m2 (minimum)
470
390
Floor area m2 (minimum)
80
80
Frontage m (minimum)
15
26
Building line setback m
6 minimum
32 maximum
6 minimum
32 maximum
Sideyard width m (minimum)
2
2
Rearyard Depth m (minimum)
9
9
Lot Coverage (%) (maximum)
33
33
Height m (maximum)
8
8
(See Conditions)
Bauline Schedule C
CONDITIONS
1.
Discretionary Uses - Site Standards
Where permitted, a place of worship and an educational use shall conform to the frontage, building line
setback, sideyard, rearyard, lot coverage and height requirements specified for a single dwelling.
2.
Accessory Buildings
Accessory buildings shall have a lot coverage no greater than 7%, or a maximum floor area of 75
m², whichever is less, and a height of no more than 5 metres. Accessory buildings with a height of more
than 3 metres shall be set back from the rear lot line a distance equal to or greater than the sideyard
requirement of this zone.
2.
Accessory Buildings
Accessory buildings shall have a lot coverage no greater than 7%, or a maximum floor area of 75 m²,
whichever is less, and a height of no more than 5 metres. Accessory buildings with a height of more than
3 metres shall be set back from the rear lot line a distance equal to or greater than the sideyard requirement
of this zone.
a. Accessory buildings shall have a combined maximum lot coverage not exceeding 7% up to a
maximum floor area of 80 m2, whichever is less. 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 a side and rear lot line.
b. The maximum height of an accessory building shall be 5 metres.
c. Council shall have discretion where the proposed accessory building will exceed the 7%
maximum lot coverage, the maximum floor area of 80 m2, and the maximum height of 5
metres.
DRA-2012-1 and NL Gazette.
Bauline Schedule C
3.
Boarding House Residential
i)
The Boarding House Residential use class shall be a Hospitality Home/B & B.
ii)
A hospitality home or bed and breakfast may be permitted provided:
a) the use does not detract from the residential character of the neighbourhood;
b) the use is carried out by a resident of the single or double dwelling;
c) the dwelling in which the Hospitality Home/B & B use is carried out is similar in exterior finish,
design, height, and scale to a private residential building;
d) one parking space shall be provided for each guest room on the lot;
e) a parking area shall be screened by a fence, or hedge;
f) the maximum number of guest rooms shall be five (5).
4.
Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following conditions:
i)
The store shall form part of, or be attached to a dwelling unit.
ii)
The retail use shall be subsidiary to the residential character of the area, and shall not affect
residential amenities of adjoining properties.
5.
Medical, Professional and Personal Service Uses
Medical, professional and personal service uses may be permitted as a discretionary use in a dwelling unit
in the form of doctors' consulting rooms, personal services, small business services, small appliance repair
and sporting goods repair service and similar uses provided that:
i)
The use is clearly a subsidiary use to the residential use and does not detract from the residential
character of the neighbourhood.
ii)
No wholesale sales or storage of goods is carried out, any retail sales are incidental and subsidiary
to the approved use and that no repairs to vehicle or heavy equipment are carried out.
iii)
Activities associated with the use are not hazardous and do not cause noticeable noise, odour, dust
or fumes, or inconvenience and are not a nuisance to the occupants of adjoining residences.
iv)
Not more that 25% of the total floor area of the dwelling up a maximum of 45 m2 is devoted to the
use.
Bauline Schedule C
6.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot or site occupied
by a use permitted or existing as a legal non-conforming use in this use zone, shall be as follows:
i)
The size, shape, illumination and material construction of the advertisement shall meet the
requirements of Council, having regard to the safety and convenience of users of adjacent streets and
sidewalks, and the general amenities of the surrounding area.
ii)
No advertisement shall exceed 5 m2 in area.
7.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
i)
Each advertisement shall not exceed 3 m2 in area.
ii)
When the advertisements relate to a specific land use, they shall be located within a reasonable
distance of, and only show thereon the name and nature of the distance or direction to the premises to
which they relate.
iii)
The location, siting and illumination of each advertisement shall be to the satisfaction of Council,
having regard to the grade and alignment of streets, the location of street junctions, the location of nearby
buildings and the preservation of the amenities of the surrounding area.
8.
Roads
All development must have direct access to a public street.
9. Backlot Development
Where vacant parcels of land exist which have access to a public street and are of sufficient
size for a building lot, but which do not have the required frontage on a publicly maintained
Bauline Schedule C
street, they may be considered on a discretionary basis provided the following conditions are
met:
a) the maximum setback for front lot line or side lot line (depending on lot orientation)
from a public street shall be a minimum of 32 metres and a maximum of 100 metres
from a public street. The minimum lot area and all other development standards
shall be the same as for other residential development in this zone;
b) only single dwellings may be permitted;
c) lots must have direct access to, and street line frontage on, a publicly maintained
street;
d) the development of the lot would not prevent the use of adjoining lands for future
development. Where there is potential for additional development in the area, the lot
and access shall be development in a manner which will accommodate future
development. As such, the access to the public street to which the owner must have
clear title, shall be a minimum width of 15 m to accommodate future public use;
e) where there is no potential for future development, the access to the public street
shall be a minimum of 6 m in width and shall be treated as a private driveway; which
the owner must have clear title.
f) The dwelling is separated from, and oriented, in a manner that does not adversely
affect the privacy and enjoyment of adjoining properties. Separation distances may
be required by the Council as a condition for development, considering such things
as slope, drainage, tree cover and soil conditions.
g) The development of the backlot does not affect the legal conformity of the primary
lot that has frontage on to a public street.
DRA-2012-1 and NL Gazette.
Bauline Schedule C
USE ZONE TABLE
ZONE TITLE RESIDENTIAL INFILL
(RI)
PERMITTED USE CLASSES - (see Regulation 89)
Single dwelling, double dwelling, and recreational open space
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Row dwelling, apartment building, medical and professional, place of worship, convenience store,
personal services, medical treatment and special care, boarding house residential (condition 3), shop,
child care, light industry, general industry, and antenna.
STANDARDS
WHERE PERMITTED
Single
Dwelling
Double
Dwelling
Row
Dwelling
APARTMENT BUILDING
1
Bed
Apt.
2
Bed
Apt.
3
Bed
Apt.
4
Bed
Apt.
Lot area (m²) minimum
1860
1860
*
350
*(average)
200
*
250
*
280
*
300
*
Floor area (m²)
minimum
80
80
*
65
*
40
*
50
*
60
*
70
*
Frontage (m) minimum
30
30
36
Building Line Setback
(m) (minimum)
8 min
32 max
8 min
32 max
8 min
32 max
Sideyard Width (m)
(minimum)
3
3
3
Rearyard Depth (m)
(minimum)
10
15
14
Lot Coverage (%)
(minimum)
33
33
33
Height (m)
8
8
10
(See Conditions)
* Per dwelling unit
Bauline Schedule C
CONDITIONS
1.
Discretionary Uses - Site Standards
Where permitted, a place of worship and an educational use shall conform to the frontage, building line
setback, sideyard, rearyard, lot coverage and height requirements specified for a single dwelling.
2.
Accessory Buildings
Accessory buildings shall have a lot coverage no greater than 7%, or a maximum floor area of 75 m²,
whichever is less, and a height of no more than 5 metres. Accessory buildings with a height of more than
3 metres shall be set back from the rear lot line a distance equal to or greater than the sideyard requirement
of this zone.
(a)
Accessory buildings shall have a combined maximum lot coverage not exceeding 7%
up to a maximum floor area of 80 m2, whichever is less. 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 a side and rear lot line.
b)
The maximum height of an accessory building shall be 5 metres.
c)
Council shall have discretion where the proposed accessory building will exceed the
7% maximum lot coverage, the maximum floor area of 80 m2, and the maximum height of 5
metres.
DRA-2012-1 and NL Gazette.
3.
Boarding House Residential
i)
The Boarding House Residential use class shall be a Hospitality Home/B & B.
ii)
A hospitality home or bed and breakfast may be permitted provided:
a) the use does not detract from the residential character of the neighbourhood;
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b) the use is carried out by a resident of the single or double dwelling;
c) the dwelling in which the Hospitality Home/B & B use is carried out is similar in
exterior finish, design, height, and scale to a private residential building;
d) one parking space shall be provided for each guest room on the lot;
e) a parking area shall be screened by a fence, or hedge;
f) the maximum number of guest rooms shall be five (5).
4.
Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following conditions:
i)
The store shall form part of, or be attached to a dwelling unit.
ii)
The retail use shall be subsidiary to the residential character of the area, and shall not affect
residential amenities of adjoining properties.
5.
Medical, Professional and Personal Service Uses
Medical, professional and personal service uses may be permitted as a discretionary use in a dwelling unit
in the form of doctors' consulting rooms, personal services, small business services, small appliance repair
and sporting goods repair service and similar uses provided that:
i)
The use is clearly a subsidiary use to the residential use and does not detract from the residential
character of the neighbourhood.
ii)
No wholesale sales or storage of goods is carried out, any retail sales are incidental and subsidiary
to the approved use and that no repairs to vehicle or heavy equipment are carried out.
iii)
Activities associated with the use are not hazardous and do not cause noticeable noise, odour, dust
or fumes, or inconvenience and are not a nuisance to the occupants of adjoining residences.
iv)
Not more that 25% of the total floor area of the dwelling up a maximum of 45 m2 is devoted to the
use.
6.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot or site occupied
by a use permitted or existing as a legal non-conforming use in this use zone, shall be as follows:
Bauline Schedule C
i)
The size, shape, illumination and material construction of the advertisement shall meet the
requirements of Council, having regard to the safety and convenience of users of adjacent streets and
sidewalks, and the general amenities of the surrounding area.
ii)
No advertisement shall exceed 5 m2 in area.
7.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
i)
Each advertisement shall not exceed 3 m2 in area.
ii)
When the advertisements relate to a specific land use, they shall be located within a reasonable
distance of, and only show thereon the name and nature of the distance or direction to the premises to
which they relate.
iii)
The location, siting and illumination of each advertisement shall be to the satisfaction of Council,
having regard to the grade and alignment of streets, the location of street junctions, the location of nearby
buildings and the preservation of the amenities of the surrounding area.
8.
Roads
All development must have direct access to a public street.
9. Backlot Development
Where vacant parcels of land exist which have access to a public street and are of sufficient size for a
building lot, but which do not have the required frontage on a publicly maintained street, they may
be considered on a discretionary basis provided the following conditions are met:
a) the maximum setback for front lot line or side lot line (depending on lot orientation)
from a public street shall be a minimum of 32 metres and a maximum of 100 metres
from a public street. The minimum lot area and all other development standards
Bauline Schedule C
shall be the same as for other residential development in this zone;
b) only single dwellings may be permitted;
c) lots must have direct access to, and street line frontage on, a publicly maintained
street;
d) the development of the lot would not prevent the use of adjoining lands for future
development. Where there is potential for additional development in the area, the lot
and access shall be development in a manner which will accommodate future
development. As such, the access to the public street to which the owner must have
clear title, shall be a minimum width of 15 m to accommodate future public use;
e) where there is no potential for future development, the access to the public street
shall be a minimum of 6 m in width and shall be treated as a private driveway; which
the owner must have clear title.
f) The dwelling is separated from, and oriented, in a manner that does not adversely
affect the privacy and enjoyment of adjoining properties. Separation distances may
be required by the Council as a condition for development, considering such things
as slope, drainage, tree cover and soil conditions.
g) The development of the backlot does not affect the legal conformity of the primary
lot that has frontage on to a public street.
DRA-2012-1 and NL Gazette.
Bauline Schedule C
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL - RURAL
(RR)
PERMITTED USE CLASSES - (see Regulation 90)
Single dwelling and recreational open space.
DISCRETIONARY USE CLASSES - (see Regulations 34 and 91)
Boarding house residential (bed and breakfast only), convenience store, child care, place of
worship, medical (includes medical treatment, special care and personal care home) and
professional, personal service, office; antenna.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
a) Minimum Lot Size
3035 m 2
b) Minimum Frontage
38 m
c) Minimum Floor Area
100 m 2
d) Minimum Building Line Setback
15 m
e) Maximum Building Line Setback
32 m
f) Minimum Sideyard Width
3 m
g) Minimum Rearyard Depth
15 m
h) Maximum Height
8 m
i) Maximum Lot Coverage
33%
2.
Discretionary Uses Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are compatible or complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses.
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3.
Dwelling Frontage
The front wall of a dwelling shall be parallel to the street on which it is fronting and has a civic
number.
4.
Accessory Buildings
(a) Accessory buildings shall have a combined maximum lot coverage not exceeding 7%, up
to a maximum floor area of 80 m 2, whichever is less. Accessory buildings shall be located to
a minimum of 3 metres from the nearest part of the main building and a minimum of 1
metre from a side and rear lot line.
(b) The maximum height of an accessory building shall be 5 metres.
(c) Council shall have discretion where the proposed accessory building will exceed the 7%
maximum lot coverage, the maximum floor area of 80 m 2, and the maximum height of 5
metres.
5.
Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following conditions:
(a) The store shall form part of, or be attached to a dwelling unit.
(b) The retain use shall be subsidiary to the residential character of the area, and shall not
affect residential amenities of adjoining properties.
6.
Boarding House Residential
A boarding or lodging house is permitted in any dwelling that can adequately accommodate the
specified number of persons. The total number of boarders or lodgers shall not exceed (5) persons.
A "bed and breakfast" use in a dwelling may be permitted as a discretionary use to provide room
and board for tourists or the travelling public, under the following conditions:
Bauline Schedule C
(a) The use does not detract from the residential character of the neighborhood;
(b) The use is carried out by a resident/owner of the dwelling unit;
(c) The dwelling in which the Bed and Breakfast use is carried out is similar in exterior
finish, design, height, and scale to a private residential dwelling;
(d) One parking space shall be provided for each guest room on the lot;
(e) Council may require the parking area to be screen by a fence, or hedge;
(f) The maximum number of guest rooms shall be five (5); and
(g) The establishment shall be licensed under the Tourist Establishment Regulations, as
amended from time to time.
7.
Home Businesses - Office, Medical and Professional Service, Personal Service, and Light
Industry Uses as Home Occupations.
A Home Business is defined as an accessory use of a residential dwelling consisting of an occupation
or profession which generates revenue for the resident.
Office, medical and professional service, personal service, and light industry uses may be permitted
provided they are carried out as home occupations, businesses operated in the dwelling, or in a
building subsidiary to the dwelling on the same lot, by the occupants of the dwelling, and meet the
following requirements:
(a) Office uses shall be limited to small business services and professional offices;
(b) Light Industry uses shall be limited to fabrication for the production of handmade
articles such as clothing, arts and crafts objects, and workshops;
(c) 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
neighborhood.
(d) No wholesale sales or storage of goods is carried out, any retail sales are incidental and
subsidiary to the approved use, no repairs to vehicles or heavy equipment are carried
out.
(e) Activities associated with the use are not hazardous and do not cause noticeable noise,
odour, dust, fumes, or inconvenience to occupants of adjoining residences.
(f) Activities associated with the use shall be carried on inside the dwelling or in a building
separate from the dwelling.
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(g) 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 condition
height and floor area limit for this zone; child care use shall be carried out in the
dwelling unit or be attached to the dwelling unit.
(h) Except for child care, no more than 30% of the total floor area of the dwelling is devoted
to the use.
(i) The use shall not generate traffic, parking, sewage or water use in excess of what is
normal in the residential area.
(j) Activities associated with the use are not hazardous and do not cause a noticeable
increase in noise, odour, dust or fumes , nor cause electrical interference or in any other
way result in a nuisance to the occupants of surrounding residences.
(k) The residential lot has sufficient area to accommodate the parking requirements of the
dwelling unit and the home occupation.
(l) No regular parking of commercial vehicles except for one vehicle with a gross weight of
no greater than one tonne will be permitted on the lot or on the road reservation
adjacent to the lot.
8.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 meters of the high water mark of rivers or streams, or
within 15 meters of the shoreline of ponds, with the exception of conservation structures such as
those designed to control flooding and erosion as well as bridges, pathways and public services.
Development of marine or water related uses such as wharfs, slipways, boathouse, etc. may be
permitted. All development occurring within these limits is subject to the approval of Council and
the Water Resources Management Division, Department of Environment and Conservation.
9.
Child Care
A day care or day nursery (i.e.: a child care operation in which services are regularly provided to
seven or more children), is subject to the following conditions:
a. The operation is in accordance with all applicable provincial laws and regulations.
b. A limit of one day care or day nursery will be permitted on any street.
Bauline Schedule C
c. The use will not occupy more than 70 m 2 or 40% of the floor area, whichever is less.
d. Provision for off-street parking will be required as per the off-street parking requirements of
these Regulations.
e. The drop-off and pick-up of children will not interfere with the free flow of vehicular traffic.
f. The use is not located adjacent to or near hazardous, dangerous, or incompatible uses. These
include, but are not limited to, heavy industrial uses, service stations, garages, taverns, night
clubs, and amusement uses.
10.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied by a
permitted use or a legal non-conforming use shall be as follows:
(a) No advertisement shall exceed 5 m2 in area.
(b) When the advertisements related to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or direction
to, the premises to which they relate.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
(d) The location, siting and illumination of each advertisement shall be to the satisfaction of
Council, having regard to the grade and alignment of streets, the location of street junctions
and nearby buildings, and amenities of the surrounding area.
12. Place of Worship and Education Use
Where permitted as a discretionary use, a place of worship and an educational use shall conform to
the frontage, building line setback, sideyard, rearyard, lot coverage and height requirements
specified for a single dwelling.
DRA-2012-3 and NL Gazette.
Bauline Schedule C
USE ZONE TABLE
ZONE TITLE
COMMERCIAL - TOURIST
(CT)
PERMITTED USE CLASSES - (see Regulation 85)
Outdoor Assembly, commercial residential, catering, restaurant, lounge, boarding house residential,
tourist/craft shop, recreational open space.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Personal service, take-out, single dwelling, outdoor market, light industry, convenience store, antenna.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
Minimum Building Line Setback
9 metres
Minimum Sideyards
5 metres
Minimum Rearyards
10 metres
Maximum Height
10 metres
2.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the Authority
provided that they are complementary to uses within the permitted use classes or that their development
will not inhibit or prejudice the existence or the development of such uses.
3.
Advertisements Relating to Onsite Uses
Bauline Schedule C
The conditions which shall apply to the erection or display of an advertisement on any lot or site occupied
by a use permitted or existing as a legal non-conforming use in this use zone, shall be as follows:
i)
The size, shape, illumination and material construction of the advertisement shall meet the
requirements of Council, having regard to the safety and convenience of users of adjacent streets and
sidewalks, and the general amenities of the surrounding area.
ii)
No advertisement shall exceed 5 m2 in area.
4.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
i)
Each advertisement shall not exceed 3 m2 in area.
ii)
When the advertisements relate to a specific land use, they shall be located within a reasonable
distance of, and only show thereon the name and nature of the distance or direction to the premises to
which they relate.
iii)
The location, siting and illumination of each advertisement shall be to the satisfaction of Council,
having regard to the grade and alignment of streets, the location of street junctions, the location of nearby
buildings and the preservation of the amenities of the surrounding area.
5.
Access
The Authority may determine the location and number of accesses for a use.
The lot frontage shall be on a publicly owned and maintained street and access to the lot must be obtained
from this street.
6.
Buffer for Residential Uses
Where a tourist related development abuts a residential use or proposed residential area or is separated
from it by a road only, the developer shall provide a buffer strip not less than 5 metres wide between any
residential activity or area and the tourist related use. The buffer shall include a natural or structural
Bauline Schedule C
barrier, as deemed necessary by Council, and shall be maintained by the owner or occupier to the
satisfaction of Council.
7.
Convenience Stores
Convenience stores may be permitted at the discretion of Council if they are accessory to an tourist related
use.
8.
Light Industry-Commercial
Light industry commercial uses may be permitted at the discretion of Council and shall be limited to the
manufacture, display and demonstration of log home construction and furniture making. Uses shall be
related with the demonstration of log home construction for the tourist industry. Log homes construction
shall be temporary in nature and shall not remain permanently onsite.
Bauline Schedule C
USE ZONE TABLE
ZONE TITLE
INDUSTRIAL - MARINE
(IM)
PERMITTED USE CLASSES - - (see Regulation 89)
Fishery and ocean related general and light industry, and transportation
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Fishery and ocean related hazardous industry, antenna.
DEVELOPMENT STANDARDS
Building Line Setback (m)
8
Sideyard Width (m)
5
Rearyard Depth (m) (min)
15
Height (m) (max)
14
CONDITIONS
1.
Of Street Parking
All marine industrial uses must be provided with streets and municipal water designed for industrial use.
Any industrial establishment must provide adequate off-street parking facilities for all employees.
2.
Services
Industrial development shall not be permitted in this zone unless adequate services to meet the needs of
the particular industrial uses permitted, are available.
3.
Buffer Strips
No marine industrial building or site activity shall be permitted closer than 20 metres to the limits of an
existing street.
Bauline Schedule C
4.
No side or rear yard shall be required where a lot abuts navigable water, but all development
occurring in, on, over or under navigable water must have the approval of Transport Canada under the
Navigable Waters Protection Act, and, where the development would occupy Crown land covered by
water, an appropriate lease or grant from the Crown must first be obtained.
5.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot or site occupied
by a use permitted or existing as a legal non-conforming use in this use zone, shall be as follows:
i)
The size, shape, illumination and material construction of the advertisement shall meet the
requirements of Council, having regard to the safety and convenience of users of adjacent streets and
sidewalks, and the general amenities of the surrounding area.
ii)
No advertisement shall exceed 5 m2 in area.
6.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
i)
Each advertisement shall not exceed 3 m2 in area.
ii)
When the advertisements relate to a specific land use, they shall be located within a reasonable
distance of, and only show thereon the name and nature of the distance or direction to the premises to
which they relate.
iii)
The location, siting and illumination of each advertisement shall be to the satisfaction of Council,
having regard to the grade and alignment of streets, the location of street junctions, the location of nearby
buildings and the preservation of the amenities of the surrounding area.
Bauline Schedule C
USE ZONE TABLE
ZONE TITLE
OPEN SPACE - RECREATION
(OSR)
PERMITTED USE CLASSES - (see Regulation 89)
Recreational open space and outdoor assembly.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Indoor cultural, civic and general assembly, catering, take-out food service, and antenna.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
i)
Minimum Building Line Setback
10 metres
ii)
Minimum Sideyard Width
5 metres
iii)
Minimum Rearyard Depth
15 metres
iv)
Maximum Height
15 metres
2.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the Authority
provided that they are complementary to uses within the permitted use classes or that their development
will not inhibit or prejudice the existence or the development of such uses. Further provisions to the
discretionary use classes are as follows:
(i)
Buildings clearly accessory to the Recreational open space use may be permitted;
(ii)
Catering and take-out food service may be permitted only as an accessory to a permitted or an
approved discretionary use.
3.
Buildings and Indoor Uses
Indoor cultural, civic or general assembly uses shall be permitted only in conjunction with, or as
complements to outdoor recreational activities. No buildings or structures shall be permitted on land
Bauline Schedule C
within this zone unless they are in conformity with the policies specified in this Municipal Plan.
4.
Land Unsuitable for Development
Land immediately adjacent to any shoreline or stream which is unsuitable for development due to steep
slope, poor drainage, potential for erosion, or potential for flooding shall be retained in its natural state of
topography, soil and vegetation.
5.
Accessory Buildings
Accessory buildings must be subsidiary to the permitted use and shall not exceed 50 m2.
6.
East Cost Trail
The Town of Bauline supports the work and efforts of the East Coast Trail Association to preserve and
enhance the rugged beauty of the coastlines of the Town by developing a natural walking/hiking trail
within the Town along the coastline of Conception Bay and the Atlantic Ocean as part of a larger coastal
trail system.
Council shall impose a 50 metre wide conservation buffer measured inland from the top of the cliff edge
in areas having a slope greater that 25%. Where the slope is less than 25% over a continuous area ,not
less than 30 metre buffer shall be maintained. Development shall be prohibited in this buffer area except
for those designed for control of flooding and erosion, bridges, and trail maintenance and development.
Protection of the natural landscape and views from the trial is ensured so that future development does
not negatively impact the trail.
Bauline Schedule C
USE ZONE TABLE
ZONE TITLE
OPEN SPACE - CONSERVATION
(OSC)
PERMITTED USE CLASSES - (see Regulation 89)
Recreational open space and conservation.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Outdoor assembly, forestry, agriculture, antenna, mineral working, and cemetery.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the Authority
provided that they are complementary to uses within the permitted use classes or that their development
will not inhibit or prejudice the existence or the development of such uses.
2.
Permanent Structures
No permanent buildings or structures shall be permitted on lands within this zone except for those
necessary for conservation of the natural environment.
3.
Public Access
Public access will be preserved, where possible, to Open Space - Conservation areas.
4.
Accessory Buildings
Accessory buildings must be subsidiary to the permitted use and shall not exceed 50 m2.
Bauline Schedule C
5.
Mineral Workings
Mineral Workings shall be related to exploration activities only.
6.
East Cost Trail
The Town of Bauline supports the work and efforts of the East Coast Trail Association to preserve and
enhance the rugged beauty of the coastlines of the Town by developing a natural walking/hiking trail
within the Town along the coastline of Conception Bay and the Atlantic Ocean as part of a larger coastal
trail system.
Council shall impose a 50 metre wide conservation buffer measured inland from the top of the cliff edge
in areas having a slope greater that 25%. Where the slope is less than 25% over a continuous area ,not
less than 30 metre buffer shall be maintained. Development shall be prohibited in this buffer area except
for those designed for control of flooding and erosion, bridges, and trail maintenance and development.
Protection of the natural landscape and views from the trial is ensured so that future development does
not negatively impact the trail.
Bauline Schedule C
USE ZONE TABLE
ZONE TITLE
WATERSHED
(WAT)
PERMITTED USE CLASSES - (see Regulation 89)
Conservation.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Antenna, forestry, agriculture, recreational open space and mineral working.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the Authority
provided that they are complimentary to uses within the permitted use classes or that their development
will not inhibit or prejudice the existence or the development of such uses.
2.
Forestry, Agriculture, and Existing Areas
Selective forestry activities, agriculture, and the maintenance, continuation and limited extension of
existing uses may be permitted provided they cause no detrimental effect on water quality.
3.
Mineral Workings
Mineral Workings shall be related to exploration activities only.
Bauline Schedule C
USE ZONE TABLE
ZONE TITLE
RURAL
(RUR)
PERMITTED USE CLASSES - (see Regulation 89)
Agriculture and forestry.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Outdoor assembly, single dwelling (condition 4), veterinary, outdoor market, general industry, service
station, mineral working, recreational open space, animal, antenna, and cemetery.
CONDITIONS
1.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot or site occupied
by a use permitted or existing as a legal non-conforming use in this use zone, shall be as follows:
i)
The size, shape, illumination and material construction of the advertisement shall meet the
requirements of Council, having regard to the safety and convenience of users of adjacent streets and
sidewalks, and the general amenities of the surrounding area.
ii)
No advertisement shall exceed 5 m2 in area.
2.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
i)
Each advertisement shall not exceed 3 m2 in area.
ii)
When the advertisements relate to a specific land use, they shall be located within a reasonable
distance of, and only show thereon the name and nature of the distance or direction to the premises to
which they relate.
iii)
The location, siting and illumination of each advertisement shall be to the satisfaction of Council,
having regard to the grade and alignment of streets, the location of street junctions, the location of nearby
buildings and the preservation of the amenities of the surrounding area.
3.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the Authority
provided that they are complementary to uses within the permitted use classes or that their development
will not inhibit or prejudice the existence or the development of such uses.
4.
Discretionary Use - Dwelling (Agriculture)
Residential dwellings may be permitted at the discretion of Council provided they are in conjunction with
an agricultural use and are necessary to the successful operation of that use and shall be subject to the
following conditions:
(I)
that the agricultural use is a full-time commercial operation as described by the Department of
Natural Resources, and that the occupier of the proposed residence is actively engaged in the agricultural
activity on the same parcel of land for which the residence is proposed;
(ii)
that, in the case of root crop or sod farm production, a minimum of six (6) hectares has been
cultivated and in production for at least two (2) years; and/or
(iv)
that, in the case of greenhouse production, a minimum of 400 m2 of greenhouse space has been
constructed, and earth within prepared for cultivation.
4.
East Cost Trail
The Town of Bauline supports the work and efforts of the East Coast Trail Association to preserve and
enhance the rugged beauty of the coastlines of the Town by developing a natural walking/hiking trail
within the Town along the coastline of Conception Bay and the Atlantic Ocean as part of a larger coastal
trail system.
Council shall impose a 50 metre wide conservation buffer measured inland from the top of the cliff edge
in areas having a slope greater that 25%. Where the slope is less than 25% over a continuous area ,not
less than 30 metre buffer shall be maintained. Development shall be prohibited in this buffer area except
for those designed for control of flooding and erosion, bridges, and trail maintenance and development.
Protection of the natural landscape and views from the trial is ensured so that future development does
not negatively impact the trail.
SCHEDULE 'D'
OFF-STREET PARKING REQUIREMENTS
1.
The offstreet parking requirements for uses in the various use classes set out in Schedule B shall be as set
out in the following table.
2.
In the case of developments including uses in more than one use class, these standards shall be regarded as
cumulative.
3.
Adequate offstreet provision for drop-off and pick-up of persons shall be provided in developments where
required, such as uses within the educations, passenger assembly, child care, medical treatment and special
care, commercial residential and take-out food service use classes.
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MINIMUM OFF-STREET PARKING REQUIREMENT
A
1
(a) Theatre
One space for every 5 seats.
2
(a) Cultural and Civic
One space for every 50 square metres of gross floor areas.
(b) General Assembly
One space for every 10 square metres of gross floor area.
(c) Educational
Schools - 2 spaces for every class room.
Further education - 1 space for every 5 persons using the facilities
(students, faculty and staff).
(d) Place of Worship
One space for every 5 seats.
(e) Passenger Assembly
As specified by the Authority.
(f) Club and Lodge
One space for every 3 persons that may be accommodated at one time.
(g) Catering
One space for every 3 customers that may be accommodated at one
time.
(h) Funeral Home
One space for every 10 square metres of gross floor area.
(i) Child Care
One space for every 20 square metres of gross floor area.
(j) Amusement
One space for every 10 square metres of gross floor area.
3
(a) Indoor Assembly
One space for every 10 spectators that may be accommodated at one
time.
4
(a) Outdoor Assembly
As specified by the Authority.
B
1
(a) Penal and Correctional
Detention
As specified by the Authority.
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MINIMUM OFF-STREET PARKING REQUIREMENT
C
2
(a) Medical Treatment
and Special Care
One space for every 2 patients.
1
(a) Single Dwelling
Two spaces for every dwelling unit.
C
(b) Double Dwelling
Two spaces for every dwelling unit.
(c) Row Dwelling
Two spaces for every dwelling unit.
(d) Apartment Building
Three spaces for every 2-dwelling units.
2
(a) Collective Residential
As specified by the Authority.
(b) Commercial
Residential
One space for every guest room.
(c) Seasonal Residential
One space for every residential unit.
(d) Mobile Home
Two spaces for every dwelling unit.
D
1
(a) Office
One space for every 20 square metres of gross floor area.
(b) Medical and
Professional
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) Communications
As specified by the Authority.
(f) Police Station
As specified by the Authority.
(g) Taxi Stand
As specified by the Authority.
(h) Take-out Food Service
One space for every 20 square metres of gross floor area.
(i) Veterinary
One space for every 20 square metres of gross floor area.
E
1
(a) Shopping Centre
One space for every 15 square metres of gross floor area.
(b) Shop
One space for every 20 square metres of gross floor area.
(c) Indoor Market
As specified by the Authority.
(d) Outdoor Market
As specified by the Authority.
(e) Convenience Stores
One space for every 20 square metres of gross floor area.
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MINIMUM OFF-STREET PARKING REQUIREMENT
F
1
(a) Hazardous Industry
One space for every employee.
2
(a) General Industry
One space for every employee.
(b) Service Station
One space for every 20 square metres of gross floor area.
3
(a) Light Industry
One space for every employee.