Belleoram, Newfoundland and Labrador
· adopted 2010-12-10
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TOWN OF BELLEORAM
DEVELOPMENT REGULATIONS 2010
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URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF BELLEORAM DEVELOPMENT REGULATIONS 2010
Under Section 16 of the Urban and Rural Planning Act 2000, the Town Counci.1 of
Belleoram adopts the Town of Belleoram Development Regulations 2010.
Adopted by the Town Council of Belleoram on the 8 day o~4'~r, 2010.
Signed and sealed this 8
day of ~kr,
2010.
Mayor: A»!!!(;
_,Steward May
Clerk: /~
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Development Regulations have been prepared in
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URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF BELLEORAM DEVELOPMENT REGULATIONS
Under the authority of Section 16, Section 17 and Section 18 of the Urban and
Rural Planning Act 2000, the Town Council of Belleoram
a)
b}
c)
adopted the Town of Belleoram Development Regulations 2010 on the
_Jf__day o~#m6t?r , 2010.
gave notice of the adoption of the Town of Belleoram Development
Regulations 2010 by advertisement inserted on the llf day of 3"~~
2010 and the 6ll
day of~.k>r
2010 in the Coaster
newspaper.
set the e::? Cf day ofS~k , 2010 at
"'J.· 3o p.m. at the
Community Centre, Belleoram for the holding of a public hearing to
consider objections and submissions.
Now under the authority of section 23 of the Urban and Rural Planning Act 2000,
the Town Council of Belleoram approves the Town of Belleoram Development
Regulations 201 O on the!::!:. day of.- 0 cfo6'e.r , 201 O.
SIGNED AND SEALED this
!_/.." dayof-fJcf()/oeJ- '2010
.MJ~
Steward May
May~r:
- Clerk: ~
De\ dopmcnt Rcgul:Hions/A mendment
REGISTERED
Number
~D3/f: 't-{)/ v-oor
Date_dbe=~
Z-u/.J
Signature W~ a -
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TABLE OF CONTENTS - PAGE 1
APPLICATION ....................................................................................................... 1
1.
Short Title ............................................................................................................ 1
2.
Interpretation ....................................................................................................... 1
3.
Commencement .................................................................................................. 1
4.
Urban and Rural Planning Act 2000 - Ministerial Development Regulations ....... 1
5.
Municipal Code and Regulations ......................................................................... 1
6.
Town ................................................................................................................... 1
PART I - GENERAL REGULATIONS .................................................................... 2
7.
Compliance with Regulations .............................................................................. 2
8.
Permit Required .................................................................................................. 2
9.
Pennit to be Issued .............................................................................................. 2
10. Permit not to be Issued in Certain Cases ........................ : ................................... 2
11. Discretionary Powers of Town ............................................................................. 2
12. Variances by Town .............................................................................................. 3
14. Financial Guarantees by Developer .................................................................... 4
15. Dedication of Land for Public Use ....................................................................... 5
16. Reinstatement of Land ........................................................................................ 5
17. Form of Application ............................................................................................. 5
18. Register of Application ........................................................................................ 6
19. Deferment of Application ..................................................................................... 6
20.
ApP.roval in Principle ............................................................................. : .... ,. ......... 6
21. Development Permit. ........................................................................................... 7
22. Reasons for Refusing Permit. .............................................................................. 8
23. Notice of Application ............................................................................................ 8
24.
Right of Entry ....................................................................................... _ ................ 8
25. Record of Violations ............................................................................................ 9
26. Stop Work Order and Prosecution ....................................................................... 9
27. Appeals ............................................................................................................... 9
PART II- GENERAL DEVELOPMENT STANDARDS ........................................ 10
28.
Access Corridors ............................................................................................... 1 O
29. Accesses and Service Streets ........................................ : .................................. 10
30.
Accessory Uses ................................................................................................. 1 O
31.
Advertisements and Signs ........... : ..................................................................... 11
(1)
Permit Required .......................................................................................... 11
(2)
Form of Application ........................................ ,. ............................................ 11
(3)
Advertisements in Street Reservation ......................................................... 11
(4)
Permit Valid tor Limited Period .................................................................... 11
(5)
Removal of Advertisements ......................................................................... 12
(6)
Signs - Non-Conforming Uses ...................................................................... 12
(7)
Prohibition ................................................................................................... 12
(8)
Signs or Advertisements Not Specifically Covered ...................................... 13
(9)
Advertisements - Designated Areas ............................................................ 13
(10)
Advertisements Exempt from Control.. ........................................................ 13
TABLE OF CONTENTS-PAGE 2
(11)
Advertisements - Temporary and/or Portable Signs .................................... 14
(12)
Advertisements and Signs near Highways .................................................. 15
(13)
Advertisements Relating to Onsite Uses ..................................................... 15
(14)
Advertisements Relating to Offsite Uses ..................................................... 15
32.
Archaeological Sites ........................................................................................... 16
33. Buffers and Screening ....................................................................................... 16
34. Building Line and Setback ................................................................................. 16
35.
Buildings on a Lot. ............................................................................................. 17
36. Discretionary Use Classes ................................................................................ 17
37.
Heritage Sites and Areas .................................................................................. 17
38.
Lot Area ............................................................................................................. 17
39. Lot Area and Size Exceptions ........................................................................... 18
40. Lot Frontage ...................................................................................................... 18
41. Mineral Exploration ............................................................................................ 18
42.
Non-Conforming Uses ....................................................................................... 19
43. Offensive and Dangerous Uses ......................................................................... 20
44.
Recreational Trails and Walkways ..................................................................... 21
45. Side Yards ......................................................................................................... 22
46.
Site Development. ............................................................................................. 22
47. Site Development Quarry and Soil Removal ..................................................... 22
48.
Uses Allowed in All Zones ................................................................................. 23
49.
Waterways and Wetlands .................................................................................. 23
PART HI SUBDIVISION OF LAND ...................................................................... 25
50.
Permit Required ................................................................................................ 25
51.
Services to be Provided .................................................................................... 25
52. Payment of Service Levies and Other Charges ................................................. 25
53. Issue of Permit Subject to Considerations ......................................................... 25
54. Building Permits Required ................................................................................. 26
55.
Form of Application ........................................................................................... 26
56.
Subdivision Subject to Zoning ........................................................................... 26
57.
Building Lines .................................................................................................... 26
58. Land for Public Open Space .............................................................................. 26
59. Structure in Street Reservation ......................................................................... 27
60.
Subdivision Design Standards ........................................................................... 27
61.
Engineer to Design Works and Certify Construction Layout.. ............................ 29
62.
Developer to Pay Engineer's Fees and Charges ............................................... 30
63. Street Works May Be Deferred .......................................................................... 30
64.
Transfer of Streets and Utilities to Town ........................................................... 30
65. Restriction on Sale of Lots ................................................................................. 31
66.
Grouping of Buildings and Landscaping ............................................................ 31
PART IV - USE ZONES ...................................................................................... 32
67. Use Zones ......................................................................................................... 32
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TABLE OF CONTENTS - PAGE 3
68.
Use Classes ...................................................................................................... 32
69. Permitted Uses .................................................................................................. 32
70.
Discretionary Uses ................................................ ............................................ 32
71. Uses Not Permitted - Prohibited Uses ............................................................... 33
SCHEDULE A- DEFINITIONS ........................................................................... 34
SCHEDULE 8-CLASSJFICATION OF USES OF LAND AND BUILDINGS ...... 44
SCHEDULE C- USE ZONE SCHEDULES ........................................................ 50
MIXED DEVELOPMENT (MD) ZONE ..................................................................... 51
ENVIRONMENTAL PROTECTION (EP) ZONE ...................................................... 56
RURAL (RU) ZONE ................................................................................................. 57
PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE ...................................... 64
SCHEDULE D - OFFSTREET LOADING AND PARKING REQUIREMENTS ... 68
MAPS
Land Use Zoning Maps 1 and 2
·Put>lis'hed by Authority
NEWFOUNDLAND REGULATION 3/01
~OJ»Mld Rsgulations
underlbe
Urban and Rural P/QIJlltng Act. 2000
(FHed January 2, 2001)
Under the authority of section 36 of the Urban and Rllral
Planning Act. 2000, I make the following regulations.
Dated at St. Job.o's, Jamwy 2. 2001.
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
I. Short title
2. Daftnhionl
3. Af>pllcmllon
4.Jn~
S. Notice ofrlpt IO appeal
6. Appeal requlrcmc1111
7. Appul rqil1ra&ion
8. Do¥olcpmcmt prohi'bilmd
9. Haring l'ldlce and mcetlnp
10. Muriqofev«knc:a
I J . Bo-d decision
..
12.
Vari~
13. Notice of v.rt.ia:
14. RcsidonlW c.in oonformlty
I S. Notil:le llOd bearings on
chmige of U.11:'
16. Non-amfomuincc with
·sbnd-ds
17. Oiscontinumoe ohon·
confonnlng use
I I. Ddcptiol'I of powers
J 9, Com~cemcnt
Development Regulations
1101
I. These regulations may be cited as I.he De:velopmenr Regulations.
1. In these regulations,
(a) "Act", unlc:=-s the context indicate otherwise, means the
Urban and .Rlll:al Plannirtg.Act, 2000;
(b) "applicant" means a person who has applied to an authority
for an approval or pennJt to carry out a development.;
( c) "authority" means a council, authorized administrator or
regional aulhority; imd
(d) "development reguJations" means these regulations and
regulations and by-laws respecting development that have
been enacted by the relevant authority.
3. (I) These regulations shall be includcc,t in the development
regulaUons of 11D authority and shall apply to all planning areas.
(2) Where theB Is a conflict between these reguJations and
development regulations or other regulations of an authority, these:
regulations shall apply.
(3) Where another Act of the province provides a ri,gbt of appeal
to the board, these regulations shall apply to that appeal.
.C. (I) In development regulations and other regulations made with
respect to a planning area the: following terms shall have the meanings
indicated i:n this section
(a) "access" .means a way used or inccnded to be: used by
vehicles, pedestrians or animals in order to go from a street
to adjacent or nearby land or to go from that land to the
street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling,
located on the same lot as the main building to which it
is an accessory and which has a use that is customarily
incidental or complementary to the main use of the
building or land,
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Development Regula/ions
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(ii) for residential uses, domestic garages, carports, ramps.
sheds, swimming pools, greenhouses, llOld frames, fuel
sheds, vegetables storage cellan, shelters for domestic
pets or radio and television antennae,
(iii) for commercial uses, workshops or.garages, and
(iv) for industrial uses, gamges, offices, raised ramps and
docks;
{c) "accessory use" means a use that is subsidiary to a permitted
or discretionary use and that is customan1y expected to
occur with the permitted or discretionary use;
(d) "buUding height" mcam the vertical dimbce, measured in
metres from the estabwbed grade to the
{i) highest point ofthe roof surface ofa flat roof,
(ii) deck line of a mansard roof. and
(iii) mean height level between the eave and the ridge of a
pble, hip or pmbrel roof,
and in any case. a building height shall not include
mechanical structure, smokestacks; steeples and purely
omcnental stru~ above a root;
(e) "bulldi.ng line" me1DS a line established by an authority that
runs parallel to a srrcct line and is set at the cJoscst point to a
street that a building may be placed;
{f) "discretionary use" means a use that is listed within the
discretionary use classes established in the use zono.tables of
an authority's development regulations:
(g) "established grade" means,
(j) 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 buildlng exclusive
of any artific]aJ embankment or entrenchment. or
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Development Regulat1on.r
3101
(ii) where used in reference to a structure that is not a
building, the average elevation of the finished grade of
the ground immediately SWTOunding the suucture,
exclusive of any artificial embankment or entrenchment;
(h) "floor area" means the total area of .all floors in a building
measURd to the outside face of exterior walls;
(i) "froniage" means the horU.onbll distance berwcen side lot
lines measured at the building line;
(j) "lot" means a plot. tract or parcel of land which can be
considered as a unit of land for a partiailar use or building;
(k) "lot area" means the total horizontal area within the Jines of
the lot;
(1) "lot coverapn means the combined area of aU building on a
lot measured at the level of the lowest floor above the
.established grade and expressed as a percentage of the total
area of the lot;
(m) "non-conforming me" means a legaJiy existing use that is
not listed as a permitted or discretionary use for the me
zone fn which it is located or which does not meet the
dev~opment SDUldarda for that use zone;
(n) "owner" means a person or an organiation of persons
owning or having the legal right to. use the land under
consideration:
(o) "periniued use" means a use that is listed within the
permitted use classes set out iD the use zone tables of an
authority's development rcguladons;
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(p) "prohibited use" means a use that is not listed in a use zone
within the permitted use classes or discretionary u~ classes
or a use that an authority specifies as not permitted within a
use zone;
(q) "sign" means a word, letter, model, placard, board, device or
representation, whether illuminated or not, in the nature of or
employed wholly or in part forthe purpose of-advertisement,
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DeveJopmenl Regulations
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announcement or direction and excludes those things
employed wholly as a memorial, advertisements of local
government. utilities and boarding or similar structures used
for the display of advertisements;
.(r)~reaqtard..depth"-raeans the...distance.between the rear lot
line and the rear wall of the main building on a lot;
(s) "side yard depth" means the distance between the side lot
line and the nearest side wall of a building on the tot;
(t) "street" means a street. road, highway or other way designed
for the pusage of vehicles and pedestrians and which is
accessible by fire department and other emergency vehicles;
(u) "street line" means the edge of a street reservation as defined
by the authority having jilrisdlction;
(v) "use" means a building or activity situated on a lot or a
development permitted on a lot;
(w) "use zone" or "zonct" means an area of land including
buildings and water designated on the zoning map to which
the uses. standards and conditions of a panicular use zone
table apply;
(x) "variance" means a departure, to a maximum of 100/o from
the yard, area. lot coverage, setback, size, height, ftontage or
any other numeric requirement of the applicable Use Zone
Table of the authority's regulations; :and
(y) "zoning map" mcam the map or maps attached to and
forming a part of the authority's regulations.
(2) An authority may, in its discretion. determine the uses trust
may or may not be developed in a use zone and those nses shall be
listed in the authority's regulations as di~tionary, permitted or
prohibited uses for that area.
5. Where an authority makes a decision that may be appealed
under section 42 of the Act. that authority shalt. in writing, at the time
of making that decision. notify the person to whom the decision applies
of the
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Development Rep/a11ons
3101
(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
thcappcaL
6. (1) The secretmy of the board at the Department of Municipal
and Provinclal Affair&, Main Floor, Confederation Building (West
Bleck), P.O. Box 8700, St John's, Nfld., A IB 4J6 is the secretary to all
boanis in the province and an appeal filed with that secretary within the
time period niferred to in subsection 42(4) of che Act shall be
coosidemi 10 have been filed with the appropriate board.
(2) Notwithstanding subsection (l), where tbe City of Comer
Brook, City of Mount Pearl or City of St. John's appoints an appeal
board tmder subsection 40(2) of the Act, an appeal shall be filed with
the set:retmy of that appointed board.
(3) The fee required tlDder section 44 of the Act shall be paid to
the board that bears the decision being appealed by filing it whb the
secmary·referred to In subsection (I) or (l) within the: 14 days referred
to in subsection 42(4) of the Act.
( 4) The board that he0 the decision being .appealed shall,
subject to subsection 44(3) of the Aci, retain the fee paid to the board.
(5) Where an appeal of a decision and the required fee is not
received by a board in accordance with lhis section and Part VI of the
Aci, the ripr to appeal that decision shall be considered to have been
forfeited.
..
Appal rcaiflnti011
7. ( 1) Upon receipt of an appea1 and fee as required under the Act
and these regulations, the secretary of the board as referred to ill
subsections 6(1) and (2), shall immediately register the appeal.
(2) Where an appeal has been registered the secretary of the
board shall notify the appropriate authority of the appeal and shall
provide to the authority a copy of the appeal and the documentation
related to the appeal.
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Development Regulations
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(3) Where an authority has been notified of an appeal that
authority shall forward to the appropriate board a copy of the
application beJng appealed. all correspondence, council minutes. plans
and other relevant information relating ~o the appeal including the
names and addresses of the applicant and other interested persons of
whom the authomy bu knowl~4ge.
·
(4) Upon receipt of tbe 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 bas been
registered.
(S) A notice published WJder subsection (4) shall be published
not fewer than 2 weeks before the date upon which the appeal is to be
heard by the board.
8. (l) Immediately upon notice of the registration of an appeal the
appropriate authority shall ensure tQat any development upon the
propeny that is the subject of the appeal ewes.
(2) Sections 102 and 104 of the Act apply to an authority acting
under subsection { 1 ).
(3) Upon receipt of a.notification of the registration of an appeal
with respect to an order under ·section 102 of the Act. an authority shall
not CIJTY out work related to tbc matter 'being appealed.
9. (I) A board shall notify the aPJJelJant, applicant, auibority and
other persons affected by the subject of an appeal of the date, time and
place for the appeal not fewer than 7 days before the date scheduled for
the hearing of the appeal.
(2) A board may meet as often as is nec:essazy to conduct its
work in an expeditious manner.
,
10. (1) A board shalJ meet at a place within f:he area under its
jurisdiction and the appellant and other persons notified under
subsection 9( 1) or their represenf3tive may appear before the boilrd and
make representations with .respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43
of the Act and these reguJaticms.
7
Development Regulations
JJO/
(3) A written report submitted under subsection 43(2) of the Act
respecting a visit to and viewing of a property shall be considered to
have been provided in the same manner as evidence directly provided
at the hearing of the board .
. ( 4 ).In. !he.conduct.of an .appealhear:ing, the ..board.is .not bound
by the rules of evidence.
11. A decision of the board must comply with 1he plan, scheme or
development rcl(tilations that apply to the matter that has been appealed
to lhat board.
11. (I) Where an approval or permit cannot be given by an authority
because a proposed developneot does not comply with development
standards set out in development regulatioos, an authority may, in its
discretion, wry the applicable dcvelopman .standards to a maximum of
10% if, in die aulhority's opinion, compliance with the development
standarck would prejudice the proper development of the land, building
or structure in question or would be contrary to public Interest.
(2) An authority shall not allow a variance from development
standards set out in development regulations if that variance, when
considered together with other variances made or to be made with
respect to the saine land, building or strJJcture. would have a cumulative
effect that is greater than a 10% variance even though the individual
variances ue sc:parareJy no more than 10%.
(3) An !Wthority shall not pennit a variance from development
standards whert the proposed development would increase the non
conformity of an existing development.
Noi1a: ar-.-
13. Where an authority is to CODSider a proposed variance, that
authority shall give written notice of the proposed variance from
development standards to all penons whose land is in' the Prunediate
vicinity oftbe land that is the snbject of the variance.
Raldc.liaJ -
14. A residential building or structure referred to in paragraph
... ronny
I08(3)(g) of the Act must, where being repaired or rebuilt. be repaired
or rebuilt in accordance with the plan and development regulations
applicable to that building or structure.
Nonc:cuhe.;np
JS. Where considering a non confooning building, struc:tun: or
""c11.anaco1use
development under paragraph 108(3Xd) of the Act and before making a
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decision to vary an exJStmg use of lhat non-conforming building,
stJ'UCtUfe or developmeni. an anthority, at the applicant's expense, sha11
publish a notice in a newspaper circulating in the area or by other
means give public notica of an application to vary the existing use of a
non-confonning building. suucture or development and shall consider
any reprcscntarions Of' submissioos received .in response to that
advenisemcit.
16. Where a buildinj. structure or development does not meet the
development standards included in development regulations, the
buiJcling, strUcture or development shall not be expanded if the
expansion would iru:rcsase tho .ncm-c:onfonnity and an expansion must
comply with the development standllrds applicable to ~
building,
structure or development
17. An authority may make develoc>ment regulations providing for a
greater period of time than is provided un~ subsection 108(2) of the
Act with respect to the time by which .a discontinued non-conforming
use may resume operation.
18. An authority shall. where cte.ignating employees to whom a
power is to bcdeqated under subsection 109(3) of the A4:t, make that
designation in writing.
19. These regulatioas 1111111 be consider~ lo have come into
force on January .l, %001.
C>Earl G. Tueker, Qaeeu's Printer
9
TOWN OF BELLEORAM MUNICIPAL PLAN
DEVELOPMENT REGULATIONS
APPLICATION
1.
Short Title
These Regulations may be cited as the Belleoram 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 sha\1 have the meanings
that are commonly assigned to them in the context in which they are used
in the Regulations.
3.
Commencement
4.
These Regulations come into effect throughout the Belleoram 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.
Urban and Rural Planning Act 2000 ~ Ministerial Development Regulations
The Ministerial Development Regulations (Ministerial Regulations), enacted
under Section 36 of the Act, shall apply to development within the Planning Area.
Where there is conflict between these and the Belleoram Development
Regulations,
the
Ministerial
Regulations
shall
prevail.
The
Ministerial
Development Regulations are included with the Belleoram Development
Regulations.
5.
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical
Code, and any other ancillary code and any Building Regulations, Waste
Disposal Regulation and/or any other municipal regulations regulating or
controlling the development, conservation and use of land in force in the Town of
Belleoram, shall, under these Regulations apply to the entire Planning Area.
6.
Town
In these Regulations. ''Town" means the Council of the Town of Belleoram.
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Town of Belleoram
Development Regulations 2010
PART I - GENERAL REGULATIONS
7.
PART I - GENERAL REGULATIONS
Compliance with Regulations
No development shall be carried out within the Planning Area except in
accordance with these Regulations.
8.
Pennit Required
No person shall carry out any development within the Planning Area except
where otherwise provided in these Regulations unless a permit for the
development has been issued by the Town.
9.
Pennit to be Issued
Subject to Regulations 1 O and 11, a per:mit shall be issued for development
within the Planning Area that confonns to the requirements of these regulations.
10.
Penn it not to be Issued in Certain Cases .
Neither a permit nor approval in principle shall be issued for development within
the Planning Area when, in the opinion of the Town, it is premature by reason of
the site lacking adequate road access, power, drainage, sanitary facilities, or
domestic water supply, or being beyond the natural development of the area at
the time of application unless the applicant contracts to pay the full cost of
construction of the services deemed necessary by the Town and such cost shall
attach to and upon the property in respect of which it is imposed.
11.
Discretionary Powers of Town
In considertng an application for a permit or for approval in principle to carry out
development, the Town shall take into account the policies expressed in the
Municipal Plan and any further scheme, plan or regulations pursuant thereto, and
shall assess the general appearance of the development of the area, the amenity
of the surroundings, availability of utilities, public safety and convenience, and
any other considerations which are, in its opinion, material, and notwithstanding
the conformity of the application with the requirements of these Regulations, the
Town may, in its discretion, and as a result of its consideration of the matters set
out in this Regulation, conditionally approve or refuse the application.
In particular, the Town shall consider the Community Plan 2009 -
2012 as
2
Town of Be/leoram
Development Regulations 2010
PART I-GENERAL REGULATIONS
amended and the Community Plan 2009 Background Map in considering an
application for development.
12.
Variances by Town
(1)
See Ministerial Development Regulations, Section 12.
(2)
Where an approval or a permit cannot be given by the Town because a
proposed development does not comply with development standards set
out in these Regulations, the Town may, in its discretion, vary the
applicable development standards to a maximum of 10%, if, in the Town's
opinion, compliance with the development standards would prejudice the
proper development of the land r building or structure in question or would
be contrary to the public interest.
(3)
The Town shall not allow a variance from development standards set out
in these Regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or
structure, would have a cumulative effect that is greater than a 10%
variance even though the individual variances are separately not greater
than 10%.
(4)
The Town shall permit a variance from the development standards where
the proposed development would increase the non conformity of an
existing development
(5)
Public Notice - When a variance is necessary under this Regulation, the
Town shall, at the expense of the applicant, give written notice to the
property owners in the immediate vicinity of the proposed variance.
13.
Serv;ce Levy
(1)
The Town may require a developer to pay a service levy where
development is made possible or where the density of potential
development is increased, or where the value of property is enhanced by
the carrying out of public works either on or off the site of the
development.
(2)
A service levy shall not exceed the cost, or estimated cost, including
finance charges to the Town of constructing or improving the public works
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referred to in Regulation 13(1) that are necessary for the real property to
be developed in accordance with the standards required by the Town and
for uses that are permitted on that real property.
(3)
A service levy sh~ll 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 Town may require a service levy to be paid by the owner of the real
property at:
(a)
the time the levy is imposed;
(b)
the time development of the real property commences;
(c)
the time development of the real property is completed; or,
(d)
such other time as the Town may decide.
14.
Financial Guarantees by Developer
(1)
The Town may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may
be required to guarantee the payment of 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 Town, or;
(b)
a guarantee by a bank, or other institution acceptable to the Town,
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 Town.
(3)
Financial Guarantees - Mineral Workings
(a)
The developer shall provide a financial guarantee in the form of a
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PARTI-GENERALREGULA.TIONS
performance bond or unconditional and irrevocable letter of credit
or other form acceptable to the Town for an amount to cover the
cost of restoring or landscaping the site after the quarry operations
have ended or the site is abandoned by the applicant
(b)
The financial guarantee shall be returned when the Reclamation
Plan has been carried out or the development terminated and any
conditions attached to the development permit have been met to
the satisfaction of the Town.
15.
Dedication of Land for Public Use
In addition to the requirements for the dedication of land for public open space
under Part Ill - Subdivisions, the Town may require the dedication of a
percentage of the land area of any subdivision or other development for public
use in accordance with the provisions of Section 37 of the Act.
However, this section shall not enable the Town to obtain more than 10% of the
land or its value for public open space, except as otherwise required for buffers
and conservation areas along watercourses and selected trails. Examples of the
public uses to which this section can typically apply are: buffers and conservation
areas, streets, public rights of way and service easements.
In larger scale subdivisions, where it is warranted by need, the public uses to
which the dedication of land would apply could be broadened to Include sites for
schools.
16.
Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Town may order the developer, the occupier of the site, or the owner or all of
them to reinstate the site, to ·remove all or any buildings or erections, to cover or
fill all wells or excavations, and to close all or any accesses, or to do any of these
things or all of them, as the case may be, and the developer, occupier or owner
shall carry out the order of the Town and shall put the site In a clean and sanitary
condition to the satisfaction of the Town.
17.
Form of Application
(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
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PART I - GENERAL REGULATIONS
Town on such form as may be prescribed by the Town, and every
application shall include such plans, specifications and drawings as the
Town may require, and be accompanied by the permit fee required by the
Town.
(2)
The Town shall, on request, supply to every applicant a copy of the
application forms referred to In Regulation 17(1) and a description 9f the
plans, specifications and drawings required to be provided with the
application.
18.
Register of Application
The Town shall keep a public register of all applications for development, and
shall enter therein the Town's decision upon each application and the result of
any appeal from that decision.
19.
Deferment of Application
(1)
The Town may, with the written agreement ·ot the applicant, defer
consideration of an application.
{2}
Applications property submitted in accordance with these Regulations
which have not been determined by the Town and on which a decision
has not been communicated to the applicant within eight weeks of the
receipt thereof by the Town, and on which consideration has not been
deferred In accordance with Regulation 19(1), shall be deemed to be refu-
sed.
20.
Approval In P~inciple
(1)
The Town may grant approval in principle for subdivision or any other
development, if, after considering an application for approval in principle
made under these Regulations, it is satisfied that the proposed develop-
ment 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 Town 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.
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Development Regulations 2010
PART I- GENERAL REGULA.TIONS
(3)
An Approval in Principle or conditions attached thereto is subject to appeal
under the Act.
(4)
Notwithstanding an Approval in Principle, no work shall commence until a
Development Pennit or other permit has been issued by the Town.
21.
Development Permit
(1)
A plan or drawing which has been approved by the Town and which bears
a mark and/or signature indicating such approval together with a permit
shall be deemed to be permission to develop land in accordance with
these Regulations but such pennission 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
there under.
(2)
The Town 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 Town deems necessary, permits may be issued on a
temporary basis for a period not exceeding two years, which may be
extended in writing by the Town for further periods not exceeding two
years.
(4)
A pennit 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
Regulation 30 of these Regulations.
(5)
The approval of any application and plans or drawings or the issue of a
permit shall not prevent the Town from thereafter requiring the correction
of errors, or from ordering the cessation, removal of, or remedial work on
any development being carried out in the event that the same is in
violation of this or any other regulations or statute.
(6)
The Town may revoke a pennit for failure by the holder of it to comply with
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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
inform·ation.
(7)
No person shall erase, alter or modify any drawing or specifications upon
which a permit to develop has been issued by the Town.
(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.
(9)
A development permit or permit or conditions attached thereto is subject to
appeal.
22.
Reasons for Refusing Pennit
23.
The Town shall, when refusing to issue a permit or attaching conditions to a
permit, state the reasons for so doing.
Notice of Application
When a change in nonconforming use is to be considered (see also Ministerial
Regulations), or when the development proposed is listed as a discretionary use
in Schedule C of the Regulations the Town shall, at the expense of the applicant,
give notice of an application for a permit or for approval In principle, by public
advertisement in a newspaper circulating in the area or by any other means
deemed necessary.
When a variance is necessary under Regulation 12 (see also Ministerial
Regulations), the Town shall, at the expense of the applicant, give written notice
to the property owners in the immediate vicinity of the proposed variance.
24.
Right of Entry
Any official authorized by the Town may enter upon any public or private land
and may at all reasonable times enter any development or building upon the land
for the purpose of making surveys or examinations or obtaining information
relative to the carrying out of any development, construction, alteration, repair, or
any other works whatsoever which the Town is empowered to regulate.
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25.
Record of Violations
PART I - GENERAL REGULATIONS
Every inspector shall keep a record of any violation of these Regulations, which
comes to his knowledge, and report that violation to the Town.
26.
Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to
these Regulations, the Town may order that person to stop the
development or work connected therewith pending final adjudication in
any prosecution arising out of the development.
(2)
A person who does not comply with an order made under Regulation
26(1) is guilty of an offence under the provisions of the Act.
27.
Appeals
See Ministerial Regulations- Sections 5 to 11.
Where an appeal lodged under Section 42 of the Urban and Rural Planning Act
has been successful, the fee paid by the appellant shall be reimbursed by the
Town.
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PART II- GENERAL DEVELOPMENT STANDARDS
PART II - GENERAL DEVELOPMENT STANDARDS
28.
Access Corridors
(1)
Development adjacent the Access Corridors as shown on the Community
Plan Background Map shall be reviewed by the Town to e·nsure that there
is sufficient space to allow for the construction and/or improvement of the
selected roads.
(2)
In respect of the Bayview and Main and Water Corridors the Town may
establish a building line behind which any new development, including
fences, accessory buildings and extensions to existing buildings shall be .
located to ensure that there is sufficient room for the road imprt;>vements.
29.
Accesses and Service Streets
(1)
Access shall be located to the specification of the Town so as to ensure
the greatest possible convenience and safety of the street system. The
Town may prescribe the construction of service streets to reduce the
number of accesses to collector and arterial streets.
(2)
Any access to a Provincial Highway must be approved by the Department
Transportation and Works.
(3)
No vehicular access shall be closer than 1 O metres to the street line of any
street intersection.
30.
Accessol'.'Y Uses
See also Schedule A.
Subject to Schedule C, uses accessory to a permitted or discretionary use can be
permitted in any zone, for example:
(a)
facilities for the serving of food and alcoholic beverages in an arena or
other place of assembly, marina, or hotel (commercial - residential);
(b)
a gift or souvenir shop in a museum, hotel or other establishment;
(c)
office and/or a small convenience store or catering establishment in a
campground;
(d)
a dock or wharf or stage associated with a permitted or discretionary use;
and;
(e)
an accessory dwelling or accessory dwelling unit, such as a caretaker's
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(f)
dwelling or dwelling unit.
a business conducted in a dwelllng or a building accessory to a dwelling
conducted by a resident of a dwelling and compatible with the primary
residential use of the property (home business).
These accessory uses shall be clearly subsidiary to and controlled so as to be
compatible with the primary use and the use of nearby properties.
31.
Advertisements and Signs
Note: The terms "advertisement" and "sign- are interchangeable.
(1)
Permit Required
Unless specifically exempted, no advertisement shall be erected or
displayed in the Planning Area unless a permit for the advertisement is
first obtained from the Town, and, where necessary, from the Department
of Government Services.
(2)
Form of Application
Application for a permit to erect or display an advertisement shall be made
to the Town in accordance with Regulation 17.
(3)
Advertisements in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on
or over any highway or street reservation unless it is a premises sign
(advertisement relating to onsite uses) and where applicable unless this
sign has been approved by the Town and the Department of Government
Services.
(4)
Permit Valid for Limited Period
(a)
The advertisement must be constructed within one year of the
issuance of the permit failing which a new permit must be applied
for.
(b)
Depending upon the nature of the advertisement, the Town may
issue a permit for a limited or indefinite period. However, a permit
may be withdrawn and the owner requested to remove or fix the
sign under Clause (5) of this Regulation.
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{5)
Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Town may
require the removal of any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination,
maintenance or structural condition, or;
(b)
has not been properly maintained and/or is detrimental to the
amenities of the surrounding area.
(6)
Signs - Non-Conforming Uses
A permit may be used for the erection or display of advertisements on a
building or within the courtyard of a building or on a parcel of land, the use
of which is a non conforming use, provided that the advertisement does
not exceed the size and type of advertisement which could be permitted if
the development was in a Use Zone appropriate to its use, and subject to
any other conditions deemed appropriate by the Town.
(7)
Prohibition
A sign shall not be erected, posted or placed:
(a)
(b)
(c)
{d)
(e)
(f)
(g)
where in the opinion of the Town, that sign would be hazardous to
road traffic by reason of Its siting, illumination or structural
condition;
where in the opinion of the Town, that sign would be detrimental to
the amenities of surrounding areas or length of highway or road;
where that sign is not maintained to the satisfaction of the Town;
within or over a highway or street intersection unless otherwise
approved by the Town for Town roads, or by the Department of
Transportation and Works for roads under Provincial jurisdiction;
with the exception of premises advertisements, within 300 metres,
or a distance specified by the Department of Transportation and
Works, or the Town of the intersection of mo or more highways
and/or for Town roads, or from the crossing of a public road;
at a location that is objectionable to residents of the immediate
area; and
on a sign erected by the Department of Transportation and Works.
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PART II- GENERAL DEVELOPMENT STANDARDS
(8)
Signs or Advertisements Not Specifically Covered
If for some reason an application is received for a sign or advertisement
that does not tan Into one of the categories set out under these
Regulations, then subject to the other applicable requirements of these
Regulations the Town may approve, approve with conditions, or refuse to
approve the sign or advertisement.
(9)
Advertisements - Designated Areas
The Town may establish the design, location and type of signs and
advertisements for designated areas within the Planning Area.
In order for these requirements to take effect, the designated areas and
the standards for advertisement and signage design shall be set out in
these Regulations.
(10)
Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning
Area without application to the Town:
(a)
a posting of a candidate in a federal, provincial or municipal
election or a regional school board election;
(b)
a temporary sign relating to federal, provinClal or municipal public
works;
(c)
a notice required by law to be posted;
(d)
a regulatory, warning, directional, guide or informational sign
erected by the Department of Transportation and Works;
(e)
a sign placed by a telephone, telegraph or electric power company
to indicate danger;
(f)
a sign, not exceeding 0.5 square metres, advertising the sale or
rental of a building or lot upon Which the sign is located;
(g)
a flag, emblem or insignia of a nation, country or province;
(h)
one temporary sign related to building construction located on a site
on which the work is being carried out;
(i)
on a dwelling or within the courtyard of a dwelling, one nameplate
not exceeding 0.28 m2 in area;
(j)
on an agricultural holding or farm, a notice board not exceeding 1.5
m2 in area and relating to the operations being conducted on the
land;
(k)
on land used for forestry purposes, signs or notices not exceeding 1
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(I)
(m)
(n)
(o)
(p)
(q)
m2 in area and relating to forestry operations or the location of
logging operations conducted on the land;
on land used for mining or quarrying operations, a notice board not
exceeding 1 m2 in are~ relating to the operation conducted on the
land;
on a dwelling or within the courtyard of a dwelling, one nameplate
not exceedjng .0.28 m2 in area in connection with the practice of a
business carried on in the premises;
on any site occupied by ~ church, school, library, art gallery,
museum, institution or cemetery, one notice board placed no closer
than 3 metres from a street line;
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;
.
on any parking lot directional signs and one sign not exceeding 1
m2 in size, identifying the parking lot; and,
a sign indicating the location of a municipal or municipal planning
area boundary, located beyond the back slope of a highway
ditching.
·
(11)
Advertisements - Temporary and/or Portable Signs
A temporary and/or portable sign may be permitted in any zone for a
period not exceeding 30 consecutive days, provided the sign:
(a)
does not exceed 4 square me~res in area;
(b)
does not create or aggravate a traffic hazard, such as by blocking a
sight-line:
·
(c)
does not interfere with other lawful signs, including directional
signs;
(d)
is of location, materials, design and colour in keeping with the
character and appearance of the area;
(e)
if necessary, is approved by the Department of Government
Services, together with the Town.
The sign shall be immediately removed upon expiry of the permit.
A renewal permit for a temporary ahd/or portable sign may only be issued
thirty days after the expiry of the original permit.
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PART JI-GENERAL DEVELOPMENT STANDARDS
(12)
Advertisements and Signs near Highways
The Provincial Government has designated ·control lines- alongside each
provincially maintained route. These control lines are established pursuant
to the Highway Sign Regulations 1999, and in some instances the
Protected Road Zoning Regulations.
Advertisements and signs falling within the designated control lines of any
highway must be referred to and approved or exempted by the
Government Services office serving the area.
(13)
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an
advertisement on any Jot or site occupied by a use permitted or existing as
a legal non-conforming use in this use zone shall be as follows:
(a)
the size, shape, illumination and material construction of the
advertisement shall meet the requirements of the Town, having
regard to the safety and convenience of users of adjacent streets
and sidewalks, and the general amenities of the surrounding area;
(b)
unless it is a sign affixed to the wall or canopy of a building the
advertisement shall not exceed 5 square metres in area on any
side.
These requirements also apply to premises signs.
(14)
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement
on any site, relating to a use permitted in this or another zone, or not
relating to a specific land use, shall be as follows:
(a)
the advertisement shall not exceed three square metres in area;
(b)
when the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the
name and nature of the distance or direction to the premises to
which they relate;
(c)
the location, siting and illumination of ~ach advertisement shall be
to the satisfaction of the Town, having regard to the grade and
alignment of streets, the location of street junctions, the location of
nearby buildings and the preservation of the amenities of the
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surrounding area.
32.
Archaeological Sites
(1)
If an archaeological site or historical artefacts are discovered during
construction, development shall stop and the Provincial Archaeology
Office of the. Department of Tourism, Culture and Recreation consulted.
Development shall not proceed until the Provincial Archaeology Office has
evaluated the site.
(2)
Before approval is granted for a major development, such as a
subdivision, or a new commercial or public building, the application shall
be referred to the Provincial Archaeology Office for investigation.
33.
Buffers and.Screening
(1) The provision of adequate and suitable landscaping or screening may be
made a condition of any development permit where, in the opinion of the
· Town, the landscaping or screening is desirable to preserve amenity, or
protect· the environment.
(2) Where any non-residential use abuts a residential use or area, the owner
of the site of the non-residential development may be required to provide a
buffer strip between any non-residential building or activity and the
residential use. The buffer shall include the provision of grass strips,
hedges, trees or shrubs, or structural barriers as may be required by the
Town, and shall be maintained by the owner or occupier to the satisfaction
of the Town.
34.
Building Line and Setback
(1)
The Town, by resolution, may establish building lines on an existing or
proposed street and may require any new buildings to be located on those
building lines, whether or not such building lines conform to the standards
set out in the tables in Schedule C of these Regulations.
(2)
The building line setback is measured from the fro.nt property line.
(3)
The building line along Provincial highways shall not be less than that
specified under the Building Near Highways Regulations under the Works
Services and Transportation Act.
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Development Regulations 2010
35.
Buildings on a Lot
PART II- GENERAL DEVELOPMENT STANDARDS
More than one principal building may be permitted on a· lot provided that the
requirements of Schedule C are satisfied. Sufficient area shall be reserved to
satisfy the yard and other allowances called for in the Use Zone in which the lot
located and the allowances shall be retained when the adjacent land is
developed.
36.
Discretionary Use Classes
The discretionary use classes listed in Schedule C may be permitted at the
discretion of the Town provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
37.
Heritage Sites and Areas
(1)
Cluett House and the Old Anglican Cemetery are designated as heritage
buildings and sites by the Town under the Urban and Rural Planning Act
and Municipalities Act as shown on the Community Plan Background Map.
(2)
No development shall be allowed which could impair the quality of the
building or site, or other buildings or sites which would be so designated or
identified.
(3)
Any development adjacent or within 30 metres of these properties shall be
reviewed by the Town to ensure that there are no negative effects on
these properties.
(4)
The Town may from time to time designate additional heritage sites and
areas under the Urban and Rural Planning Act and Municipalities Act.
38.
LotArea
(1)
No lot shall be reduced in area, either by the conveyance or alienation of
any portion thereof or otherwise, so that any buildi~g 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
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39.
ownership of the lot or any part thereof, and shall not be deemed to fonn
part of an adjacent lot for the purpose of computing the area thereof
available for building purposes.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots
already exist in any zone, with insufficient frontage or area to permit the owner or
purchaser of such a lot or lots to comply with the provisions of these Regulations,
then these Regulations shall not prevent the Issuing of a permit by the Town for
the erection of a dwelling thereon, provided that the lot coverage and' height are
not greater than, and the yards and floor area are not less than the standards set
out in these Regulations.
40.
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.
·
41.
Mineral Exploration
(1)
No permit shall be issued by the Town for mineral exploration until the
necessary permits and approvals have been obtained from the
Departments
of Natural
Resources,
Government Services,
and
Environment and Conservation, together with any"other relevant Provincial
agencies.
·
·
(2)
Subject to the other provisions of the Development Reg4lations1 mineral
exploration which is not classed as development by virtue of appreciable
ground disturbance, construction of access roads, noise, odour and
appearance can be permitted anywhere in the Planning Area, provided
that adequate notification is provided to the Town.
(3)
Mineral exploration which is classed as deve.lopment shall be permitted in
the Rural Zone provided that adequate provision is made for buffering/and
or other mitigations of impacts of existing or future urban residential,
commercial, industrial, institutional and recreational areas and provided
that all necessary approvals are obtained.
(4)
Higher impact mineral exploration shall be subject to conditions that
control noise, appearance, duration of the drilling or excavating program
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PART II- GENERAL DEVELOPMENT STANDARDS
and the control of other impacts that may arise. The precise nature of
these controls will depend upon the location of the mineral exploration in
respect to built-up areas.
(5)
Where there is to be ground disturbance, the developer shall provide a site
restoration surety and/or other satisfactory guarantees of site landscaping
to the Town.
42.
Non-Confonning Uses
(1) · This Regulation is based upon Section 108 (2) of the Urban and Rural
Planning Act 2000, and Sections 14, 15, and 16 of the Ministerial
Development Regulations.
(2)
Notwithstanding a plan, scheme or regulations made under the Urban and
Rural Planning Act 2000, the Town shall, in accordance with regulations
made under this Act, allow a development or use of land to continue in a
manner that does not conform with a regulation, scheme, or plan that
applies to that land provided that the non-conforming use legafly existed
before the registration under Section 24 of the Act of the plan, scheme or
regulations made with respect to that kind of development or use.
(3)
Notwithstanding subsection {1), a right to resume a discontinued non-
conforming use of land shall not exceed one year. Fo~ the purpose of this
Regulation, discontinuance of a non-ronforming use begins when any one
of the following conditions is met
(a)
the building or use of land is clearly vacated or the building is
demolished;
(b)
the owner or tenant has ceased paying business occupancy taxes
for that use;
{c)
the owner or tenant has stated in writing that the use has ceased.
(4)
A building, structure or development that does not conform to a scheme,
plan or regulations made under this Act that is allowed to continue under
subsection (2):
(a)
shall not be internally or externally varied, extended or expanded
unless otherwise approved by the Town;
(b)
shall not be structurally modified except as required for the safety of
the building, structure or development
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. (c)
(d)
(e)
(f)
(g)
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;
may have the existing use for that building, structure or
development varied by the Town to a use that is, in their opinion
more compatible with a plan and regulations applicable to it:
may have the existing building extended by the Town where, in its
opinion that extension is not more than 50% of the existing building;
where the non-conformance is with respect to the 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.
where the building or structure is primarily zoned and used for
residential purposes, may, in accordance with the appropriate plan
and regulations, be repaired or rebuilt where 50% or more of the
value of that building or structure is destroyed; and
(h)
a residential building or structure referred to in the above paragraph
must, where being repaired or rebuilt, be repaired or rebuilt in
accordance with the plan and development regulations applicable
to that building or structure.
(5)
Notice and hearings on change of use -
Where considering a non
conforming building, structure or development under clause 4 d) of this
Regulation and before making a decision to vary an existing use of that
non-conforming building, structure or development, an authority, at the
applicant's expense, shall publish a notice in a newspaper circulating in
the area or by other means give public notice of an application to vary the
existing use of a non-cQnforming building, structure or development and
shall consider any representations or submissions received in response
to that advertisement
43.
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
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Development Regulations 20 I 0
PART II - GENERAL DEVELOPMENT STANDARDS
senses Uc;tless its use is authorized by the Town and any other authority having
jurisdiction.
44.
Recreational Trails and Walkways
See also Regulation 49 - Waterways and Wetlands.
(1)
Wherever space and terrain characteristics allow, the appearance and use
of well known trails and/or mapped trails, including the Iron Skull Trail,
shall be protected by natural vegetation buffers that separate the trail and
other forms of development and from hazard areas and areas subject to
erosion, such as river and brook banks. The vegetation buffer shall be
deep enough to prevent shallow rooted trees being knocked over by wind.
(2)
For a trail to be eligible far protection it must be shown on the mapping for
the Town as a line on the Land Use Zoning Maps or on a plan of trails
adopted by the Town and/or, as indicated on a plan of a specific trail
which has been accepted by the Town.
(3)
Unless it is already shown the Land Use Zoning Maps as a trail and thus
adopted as part of the Development Regulations, the designation of a trail
or trails for protection shall be advertised in accordance with the
provisions of Regulation 23 and an opportunity provided for interested
persons to comment on the proposal before a trail or plan of trails is
adopted by the Town.
(4)
Within the buffer of a trail, only public utilities and roads may be allowed.
No other development is permitted on or near the trail.
(5)
Unless the area is already developed, in which case it may be necessary
to reduce the width of a buffer, the minimum corridor width of a trail shall
be 30 metres - or 15 metres either direction from the centre of the trail.
(6)
In respect of privately owned lands where the land is deeded or assigned
to the Town or a non-profit body, the minimum buffer shall be 7.5 metres
from the centre-line of the trail to create a 15 metre wide trail corridor. The
buffer may be increased in order to secure additional protection or
screening.
(7)
As a condition of a development permit the Town may require that a trail
corridor be deeded to the Town or a non-profit group approved by the
Town.
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45.
Side Yards
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PART II-GENERAL DEVELOPMENT STANDARDS
A side yard, 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. An exception may be made for an access tamp as noted in
Schedule C.
46.
Site Development
(1)
Before approving development of a site having a slope greater than 15
percent. the Town may require the submission of a review of the
development proposal by a certified engineer, landscape architect or
similar professional.
The review shall evaluate the adequacy of site
grading, drainage and landscaping and the potential of the develppment to
cause erosion· onto and pollution of adjacent development and lands and
bodies of water receiving run-off from the site, and other similar matters.
(2)
The Town shall ensure that the proposal is not inappropriate by reason of:
(a)
precipitating or contributing to a pollution problem in the area; or·
(b)
creation of erosion and/or sedimentation.
(3)
The Town shall consider the suitability of the site in terms of steepness of
grades, soil and geographic conditions, location of watercourses,
marshes, swamps, or bogs when reviewing a development proposal.
47.
Site Development Quarry and Soil Removal
(1)
If, as part of another development, quarry material is to be removed and
sold or otherwise disposed of, then a separate permit shall be obtained
from the Department of Natural Resources, Mineral Lands Division, for the
removal of quarry materials. A copy of the Town's permit must be
forwarded to the Mineral Lands Division.
(2)
A site development quarry under this section is permitted wherever the
use that this quarry is associated with is permitted.
(3)
A quarry permit issued under this section shall only be valid for a period of
one year or the term of the site development, whichever is the lesser.
However. if the Town feels that it is warranted, the permit may be renewed
for additional one-year periods up to a maximum of three years from the
date of the issuance of the first permit
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Development Regulations 2010
PART II- GENERAL DEVELOP ME.NT STANDARDS
(4)
When the work is completed, the area affected shall be suitably
landscaped and drained in accordance with a plan approved by the Town.
(5)
If the site work is extensive, the Town may require the deposit of surety in
accordance with Regulation 14(3) that shall be returned to the developer
upon satisfactory completion of the work.
48.
Uses Allowed in All Zones
Accessory buildings and uses, conservation, public services, public utilities,
recreational open space and trails and roads and driveways or accesses are
allowed in all zones as either permitted or discretionary uses.
49.
Waterways and Wetlands
(1)
Except where zoned Environmental Protection on the Land Use Zoning
Maps, the minimum width of a buffer along a waterway or wetland shall be
15 metres from the hlghwater mark, or 1 in 100 year flood zone, of the
stream, river, pond or other body of water or wetland.
(2)
If the toe of an embankment with an average slope of 30% or more lies
within 15 m of the highwater mark, or 1 in 100 year flood zone of the
waterway, then the buffer shall be measured from the top of the
embankment.
(3)
The only uses that can be permitted in the buffer area of a waterway are
roads, driveways, public utilities, recreational open space and trails and
uses requiring direct access to a body of water, such as wharves and
docks and other marine related uses.
(4)
Development, and this includes placing fill or other materials, within a
waterway and the buffer area of a waterway is subject to the approval of
the Town, the Provincial Government, and where necessary, the
Government of Canada.
(5)
The Town or the Provincial Government may subject development within
the buffer area of a watercourse to an environmental review, and may
approve, approve subject to conditions, or refuse such development. The
matter of adequate and usable legal public access to the waterway shall
be a consideration in the review of an application for a structure within a
buffer and/or waterway.
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Town of Belleoram
Development Regulations 2010
PART JJ- GENERAL DEVELOPMENT STANDARDS
(6)
Any development within a body of water or involving the alteration of a
body of water must be approved by or exempted by the Department of
Environment and Conservation for Crown Lands and referrals, Coast
Guard Canada of the Department of Fisheries and Oceans " Navigable
Waters Act, Fish Habitat Division of the Department of Fisheries and
Oceans and/or, the Water Resources Division of the Department of
Environment and Conservation before a permit is issued by the Town.
Development within a buffer is subject to the approval of the Water
Resources Management Division of the Department of Environment and
Conservation, Deparbnent of Fisheries and Oceans Canada and where
applicable, the Government Service Centre of the Department of
Government Services.
(6)
Where there is a conflict betw~n Policy Directive W.R. 91-1 and the
provisions of the Development Regulations, the more restrictive policies
shall apply.
(7)
Wetlands - can only be developed in such a way as to minimize damage
and impacts on the hydrology and environment of the area.
(a)
The general provincial policy on wetlands is contained in Policy
Directive W.R. 97-2 -
Development in Wetlands -
of the
Department of Environment and Conservation. Where there is
conflict between the provisions of the Development Regulations
and the Policy Directive, the more restrictive policy shall apply. ·
(b)
Any development within a wetland or the buffer of a wetland shall
require the approval of the Minister of Environment and
Conservation as well as the Town whether or not that wetland is
designated Environmental Protection under the Municipal Plan.
(c)
Wetlands which are not subject to the Environmental Protection
designation are subject to Policy Directive 97-1 - Development in
Wetlands - of the Department of Environment and Conservation.
24
Town of Belleoram
Development R.egulations 2010
PART Ill - SUBDIVISION OF LAND
PART Ill SUBDIVISION OF LAND
50.
Permit Required
No land in the Planning Area shall be subdivided unless a permit for the
development of the subdivision is first obtained from the Town.
51.
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Town have been made in the application for a supply of
drinking water, a properly designed sewage disposal system, and a property
designed storm drainage system.
52.
Payment of Service Levies and other Charges
No permit shall be issued for the development of a subdivision until agreement
has been reached for the payment of all fees levied by the Town for connection
to services, utilities and streets deemed necessary for the proper development of
the subdivision, and all service levies and other charges imposed under these
Regulations.
53.
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Town, the development of
a subdivision does not contribute to the orderly growth of the municipality and
does not demonstrate sound design principles. In considering an application, the
Town shall, without limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and
utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
(d)
the land use, physical form and character of adjacent developments;
(e)
the transportation network and traffic densities affecting the site;
(f)
the relationship of the project to existing or potential sources of nuisance;
(g)
· soil and subsoil characteristics;
.
(h)
the topography of the site and its drainage;
(i)
natural features such as lakes, streams, topsoil, trees and shrubs;
0)
prevailing winds;
(k)
visual quality;
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(I)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
54.
Buil~ing Pennits Required
Notwithstanding the approval of a subdivision by the Town, a separate building
permit shall be obtained for each building proposed to oe 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.
55.
Fonn of Application
56.
57.
Application for a permit to develop a subdivision shall be ·made to the Town.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only In conformity with the Use Zones
delineated on the Zoning Maps.
Building Lines
The Town may establish building lines for any subdivision street and require any
new building to be located on such building lines.
58.
Land for Public Open Space
(1)
Before a development commences, the developer shall, if required,
dedicate to the Town, at no cost to the Town, an area of land equivalent to
not more than 10% of the gross area of the subdivision for public open
space, provided that:
(a)
where land is subdivided for any purpose other than residential use,
the Town shall determine the percentage of land to be dedicated;
(b)
if, in the opinion of the Town, no public open space is required, the
land may be used for such other public use as the Town may
determine;
(c)
the location and suitability of any land dedicated under the
provisions of this Regulation shall be subject to the approval of the
Town but in any case, the Town shall not accept land which, in its
opinion is incapable of development for any purpose;
(d)
the Town may accept from the developer in lieu of such area or
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Development Regulations 2010
PART Ill -SUBDIVISION OF LAND
areas of land the payment of a sum of money equal to the value of
the land that would otherwise be required to be dedicated;
(e)
money received by the Town in accordance with this Regulation
shall be reserved by the Town for the purpose of the acquisition or
development of land for public open space or other public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Town· and may be sold or leased by the Town for the
purposes of any development that confonns 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 Town may require a strip of land to be reserved and remain
undeveloped along th~ b~nks of any river, brook or pond, and this land
may, at the discretion of the Town, constitute the requirement of land for
public use under Regulation 58(1).
59.
Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro
pole, telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post)
shall receive the prior approval of the Town which shall be satisfied on the
question of safe construction and relationship to the adjoining buildings and other
structures within the street reservation.
60.
Subdivision Oe51gn Standards
(1)
The standard for the design and construction of all work related to
Subdivision development shall be the Government of Newfoundland and
Labrador Municipal Water, Sewer, and Roads Specifications.
(2)
No permit shall be issued for the development of a subdivision under
these Regulations unless the design of the subdivision conforms to the
standards below or the standards set out in a Subdivision Policy adopted
by the Town.
·
(a)
The Town may require that streets where there are municipal sewer
and water services shall be provided with curb and gutter.
(b)
The finished grade of streets shall be as determined by the Town.
(c)
Every cul-de-sac shall be provided with a turning circle of a
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diameter of not less than 30 m.
(d)
The maximum length of any cul-de-sac shall be:
(i)
200 m in areas served by or planned to be served by
municipal piped water and sewer services, as shown in the
map and lett~r of agreement signed by the Municipality and
the Minister of Municipal Affairs in connection with municipal
five-year capital works program eligibility;
(ii)
300 m in areas not served by or planned to be served by
municipal piped water and sewer services.
(e)
However, maximum length of a cul-de-sac may be Increased by the
Town where _the increase is temporary and is part of the overall
phasing plan of the subdivision and ·the Town is satisfied that
emergency vehicle access and servicing issues are adequately
dealt with.
(f)
No cul-de-sac shall be located so as to appear to terminate a
collector street.
(g)
New subdivisions shall have street connections with an existing
street or streets.
(h)
All street intersections shall be constructed within 5 degrees of a
right angle and this alignment shall be maintained for 30 m from the
intersection.
(i)
No street intersection shall be closer than 60 m to any other street
intersection.
0)
No more than four streets shall join at any street intersection.
(k)
No residential street block shall be longer than 490 m between
street intersections.
(I)
Streets in residential subdivisions shall be designed with the
objective of achieving the minimum standards specified in the table
below. However, in exceptional circumstances, the Town may vary
these standards after considering public safety, future development,
and the effect of the varied standards on the overall development of
28
Town of Belleoram
Development Regulations 2010
the area.
Type of Street
Street
Reservation
Arterial Streets
30m
Colledor Streets
20m
Local Streets
15m
PART Ill - SUBDIVISION OF LAND
Pavement
Sidewalk
Sidewalk
Width
Width
Number
15m
1.5m
discretion
of Council
9m
1.5m
discretion of
Council
6.5m
1.5m
discretion of
Council
(m)
No lot intended for residential purposes shall have a depth
exceeding four times the frontage.
(n)
Residential lots sha·u not be permitted which abut a local street at
both front and rear lot lines.
(o)
The Town may require any existing natural, historical or architec-
tural feature or part thereof to be retained when a subdivision is
developed.
(p)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
(q)
Where there is potential for additional development, a road reserve
of 15 metres shall be provided, and a reserve of 15 metres shall be
provided along the entire length of a cul de sac.
61.
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 ~II streets, paving, curbs,
gutters and catch basins and all other utilities deemed necessary by the
Town to service the area proposed to be developed or subdivided shall be
designed and prepared by or approved by the Engineer. Such designs
and specifications shall, upon approval by the Town, be incorporated in
the plan of subdivision.
(2)
Upon approval by the Town of the proposed subdivision, the Engineer
shall certify all work of construction layout preliminary to the construction
of the wor1(s and thereupon the developer shall proceed to the
construction and installation, at his own cost and in accordance with the
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PART m -SUBDIVISION OF LAND
approved designs and specifications and the construction layout certified
by the Engineer, of all such water mains, hydrants, sanitary sewers and all
appurtenances and of all such streets and other works deemed necessary
by the Town to service the said area.
62.
Developer to Pay Engineer-s Fees and Charges
The developer shall pay to the Town all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of
materials and labour for the construction and installation of all works calculated in
accordance with the Schedule of Fees recommended by the Association of
Professional Engineers of Newfoundland and in effect at the time the work is
carried out.
63.
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks
and paving specified by the Town as being necessary, may, at t~e Town's
discretion, be deferred until a later stage of the work on the development of the
subdivision but the developer shall deposit with the Town before approval of his
application, an amount estimated by the Engineer as reasonably sufficient to
cover the cost of construction and installation of the works. Jn the later stage of
the work of development, the Town shall call for tenders for the wor~ of
construction and installation of the works, and the amount so dep9sited by the
developer shall be applied towards payment of the contract cost. If the contract
cost exceeds the deposit, the developer shall pay to the Town the amount of the
excess. If the contract price ·is less than the deposit the Town shall refund the
amount by which the deposit exceeds the contract price.
Any amount so
deposited with the Town by the developer shall be placed in a separate savings
account in a bank and all interest earned thereon shall be credited to the
developer.
64.
Transfer of Streets and Utilities to Town
(1)
The developer shall, following the approval of the subdivision of land and
upon request of the Town, transfer to the Town, at no cost to the Town,
and clear of all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided which
are approved and designated by the Town for public uses as
streets, or other rights-of-way, or for other public use;
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Development Regulations 2010
PART III - SUBDIVISION OF LAND
(b)
all services or public works including streets, water supply and
distribution and sanitary and storm drainage systems installed in
the subdivision that are normally owned and operated by the Town.
{2)
Before the Town shall accept the transfer of lands, services or public
works of any subdivision, the Engineer shall, at the cost to the developer,
test the streets, services and public works installed in the subdivision and
certify his satisfaction with their installation.
(3)
The Town shall not provide maintenance for any street, service or public
work in any subdivision until such time as such street, service or public
work has been transferred to and accepted by the Town.
65.
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Town is
satisfied that
(a)
the lot can be served with satisfactory water supply and sewage disposal
systems; and,
(b)
satisfactory access to a street is provided for the lots.
66.
Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building
types and for landscaping in order to enhance the visual aspects of the
completed development and to make the most use of existing topography
and vegetation.
(2)
Building groupings, once approved by the Town, shall not be changed
without written application to and subsequent approval of the Town.
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PART IV - USE ZONES
PART IV - USE ZONES
67.
Use Zones
68.
69.
(1)
For the purpose of these Regulations, the Planning Area is divided into
Use Zones that are shown on the Zoning Map attached to and forming
part of these Regulations.
(2)
Subject to Clause (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 Town may in its
discretion, determine the standards, requirements and conditions which
shall apply.
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone
Tables in Schedule C shall be determined by the Town in accordance with the
classification and examples set out in Schedule B.
Pennftted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes
set out in the appropriate Use Zone Table in Schedule C shall be permitted by
the Town in that Use Zone.
70.
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use
Classes set out in the appropriate Use Zone Table in Schedule C may be
permitted in that Use Zone if the Town is satisfied that the development would
not be contrary to the general intent and purpose of these Regulations, the
Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and
to the public interest, and if the Town has given notice of the application in
accordance with Regulation 23 and has considered any objections or
representations which may have been received on the matter.
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Development Regulations 2010
71.
Uses Not Permitted ~ Prohibited Uses
PART IV - USE ZONES
Uses that do not fall within the Permitted Use Classes or Discretionary Use
Classes set out in the appropriate Use Zone Tables in Schedule C, shall not be
permitted in that Use Zone and are deemed to be prohibited uses.
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SCHEDULE A- DEFINITIONS
GENERAL NOTE:
SCHEDULE A
A definition marked with an asterix* is also included in the Ministerial
Development Regulations or the Act. Where there is a conflict, the Ministerial
Development Regulations or the Act prevail.
ACCESS* means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from a street to adjacent or nearby land 9r to go from that land to
the street.
ACCESSORY BUILDING* includes:
(i)
a detached subordinate building not used as a dwelling, located on the same lot
as the main building to which it is an accessory which has a use that is
customarily incidental or complementary to the main use·of the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for
domestic pets, or radio and television antennae,
(iii)
for commercial uses, workshops, or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks.
ACCESSORY USE* means the use that is subsidiary to a permitted or discretionary
use and that Is customarily expected to occur with the permitted or discretionary use.
ACT*, unless the context indicates otherwise, means the Urban and Rural Planning Act
2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device
or representation, whether illuminated or not, in the nature of and employed wholly or In
part for the purposes of advertisement, announcement or direction; excluding such
things employed wholly as a memorial, or functional advertisement of Councils, or other
local authorities, public utilities and public transport undertakers, and including any
boarding or similar structure used or adapted for use for the display of advertisements.
AGRICULTURE means horticulture, fruit growing, grain growing, seed growing, dairy
farming, the breeding or rearing of livestock, including any creature kept for the
production of food, wool, skins, or fur, or for the purpose of its use in the farming of land,
th~ use of land as grazing land, meadow land, osier land, market gardens and nursery
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Development Regulations 2010
SCHEDULE A
grounds and the use of land for woodlands where that use is ancillary to the farming of
land for any other purpose. "Agricultural" shall be construed accordingly.
AMUSEMENT USE means the use of land or buildings equipped for the playing of
electronic, mechanical, or other games and amusements including electronic games,
pinball games and slot machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
1 bull;
.
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
1 cow (including calf);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (incl.uding foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
APARTMENT BUILDING means a building containing three or more dwelling units, but
does not include a row dwelling.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT means a person who has applied to a Town for an approval or permit to
carry out a development.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic
arteries of the area, including a provincial highway or other road designed to
accommodate through traffic.
AUTHORITY* means a council, authorized administrator or regional authority.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment
for paid temporary accommodation for up to. sixteen (16) overnight guests that may
include a dining room for the use of overnight guests and their invitees. The
establishment must be registered with and receive a rating from Canada Select and
also must be . approved by the Provincial Department of Tourism. Culture and
Recreation as a Bed and Breakfast operation.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
35
Town of Belleoram
Development Regulations 2010
persons other than the immediate family of the owner or tenant.
BUILDING* means
SCHEDULE A
(i)
a structure, erection, alteration or improvement placed on, over or under
land or attached, anchored or moored to land,
(ii)
mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar uses,
(iii)
a part of and fixtures on buildings referred to in subparagraphs (i) and (ii),
(iv)
an excavation of land whether or not that excavation is associated with the
intended or actual construction of a building or thing referred to in
subparagraphs (i) to (iii).
BUILDING HEIGHT* means the vertical distance, measured in metres, from· the
established grade to the:
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between eave and ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure,
smokestacks, steeples and purely ornamental structures above a roof.
BUILDING LINE* means a line established by an authority that runs parallel to a street
line and is set at the closest point to a street that a building may be placed.
CAMPGROUND means the use of land for the accommodation of travel trailers,
recreational vehicles, and/or tents.
·
COLLECTOR STREET means a street that is designed to link local streets with arterial
streets.
DAYCARE CENTRE or DAY NURSERY means a building or part of a building in which
services and activities are regularly provided to children of pre-school age during the full
daytime period as defined under the Day Nurseries Act, but does not include a school
as defined by the Schools Act.
DECK means a raised structure that has a walking surface within one storey of the
established grade at the ground level of that face of the building that may or may not be
attached to a main or principal building, and does not have a permanent roof.
DEVELOPMENT* means the carrying out of any building, engineering, mining or other
36
Town of Belleoram
Development Regulations 20 I 0
SCHEDULE A
operations in, on, over, or under land, or the making of any material change in the use,
or the intensity of use of any land, buildings, or premise and the
(i)
making of an access onto a highway, road or way,
(ii)
erection of an advertisement or sign,
(iii)
construction of a building,
(iv)
parking of a trailer, or vehicle of any description used for the sale of
refreshments or merchandise, or as an office, or for living accommodation,
for any period of time;
and excludes the
Ov>
(v)
(vi)
(vii)
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,
carrying out by a highway authority of any works required for the
maintenance or improvement of a road, being works carried out on land
within the boundaries of the road reservation,
carrying out by any local authority or statutory undertakers of any works
for the purpose of inspecting, repairing or renewing any sewers, mains,
pipes, cables or other apparatus, including the breaking open of any street
or other land for that purpose, and
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 a dwelling.
DEVELOPMENT REGULATIONS* means regulations made under sections 34 to 38 (of
the Urban and Rural Act 2000).
DISCRETIONARY USE* means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations.
DOUBLE DWELLING means a building containing two dwelling units, placed one
above the other, or side by side, but does not include a self-contained dwellfng
containing a subsidiary apartment
DWELLING UNIT means a self-contained unit consisting of one or more habitable
rooms used or designed as the living quarters for one household.
ENGINEER means a professional engineer employed or retained by the Town.
ESTABLISHED GRADE* means,
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Development Regulations 2010
SCHEDULE A
(i)
where used In reference to a building, the average elevation of the finished
surface of the ground where It meets the exterior or the front of that building
exclusive of any artificial embankment or entrenchment, or
{ii)
where used in reference to a structure that is not a building, the average
elevation of the finished grade of the ground immediately surrounding the
structure exclusive of any artificial embankment or entrenchment
FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no
more than six (6) persons exclusive of staff in a home-like setting. Subject to the size
limitation, this definition includes, but is not limited to, the facilities called "Group
Homes", "Halfway House", and "Foster Home".
FLOOR AREA* means the total area of all floors in a building measured to the outside
face of exterior walls.
·
FRONT AGE* means the horizontal distance between side lot lines measured at the
building line.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the
front wall of the main building on the lot
GARAGE means a building erected for the storage of motor vehicles as an ancillary use
to a main building on the lot
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing,
breaking up, demolishing, or treating any article, commodity or substance. "Industry"
shall be construed accordingly.
GENERAL GARAGE means land or buildings used exclusively for repair, maintenance
and storage of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes
involving the use of materials or processes which because of their inherent
characteristics, constitute a special fire, explosion, radiation or other hazard.
HOME BUSINESS means a secondary use of a dwelling and/or its accessory building
by at least one of the residents of the dwelling to conduct a gainful occupation or
business activity.
INSPECTOR means any person appointed and engaged as an Inspector by the Town
or by any federal or provincial authority or the agent thereof.
38
Town of Belleoram
Development Regulations 2010
SCHEDULE A
INSTITUTION means a building or part thereof occupied or used by persons who:
(a)
are involuntarily detained, or detained for penal or correctional purposes,
or whose liberty is restricted, or;
·
(b)
require special care or treatment because of age, mental or physical
limitations or medical conditions.
LAND*: includes land covered by water, and buildings and structures on, over, under
the soil and fixtures that form part of those buildings and structures.
LIGHT INDUSTRY means the use of any land or buildings for any general industrial use
that can be carried out without hazard or intrusion and without detriment to the amenity
of the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot,
ash, dust, glare or appearance.
LOCAL STREET means a street ·designed primarily to provide access to adjoining land
and which is not a collector street or arterial.
LODGING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
LOT* means a plot, tract or parcel of land which can be considered as a unit of land for
a particular use or building.
LOT AREA"" means the total horizontal area within the lines of the lot.
LOT COVERAGE* means the combined area of all buildings on the lot measured at the
level of the lowest floor above the established grade and expressed as a percentage of
the total area of the lot
MAIN BUILDING - See Principal Building.
MARINA means a dock or basin together with associated facilities
where slips,
moorings, supplies, repairs, and other services that are typically available for boats and
other watercraft, including storage, sales and rentals, with or without a club house and
catering facilities. It can also include a boat-house or shed associated with a dock or
wharf.
MINERAL EXPLORATION means the activity of searching for minerals or mineral
occurrences, including oil exploration, wherein, for the purposes of these Regulations it
takes the fonn of development - that is visible and appreciable disturbance to soil.
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Development Regulations 2010
SCHEDULE A
MINERAL WORKING means land or buildings used for the working or extraction of
construction aggregates.
MINI-HOME means a prefabricated single dwelling complying with the National Building
Code and having the dimensions of a single-wide mobile home and which has been
transported to the site on a single trailer.
MINING means land or buildings used for the extraction of ores, salts, oil and/or natural
gas.
MOBILE HOME means a transportable factory-built single family dwelling unit
(a)
which complies with space standards substantially equal to those laid
down in the Canadian Code for Residential Construction and is in
accordance with the cqnstructiori standards
l~id down and all other
applicable Provincial and Municipal Codes and;
(b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot,
and subsequently supported on its own wheels, jacks, posts or
piers, or on a permanent foundation and;
(ii)
connected to exterior public utilities approved by the Town, namely,
piped water, piped sewer, electricity and telephone, in order for
such mobile home unit to be suitable for year round term
occupancy.
MOBILE HOME PARK means a mobile home development under single or joint
ownership, cared tor and controlled by a mobile home park operator where individual
mobile home lots are rented or leased with or without mobile home units placed on them
and where ownership and responsibility for the maintenance and development of site
facilities including underground services, access roads, communal areas, snow clearing
and garbage collection, or any of them, are the responsibility of the mobile home park
management, and where the mobile home development is classified as a mobile home
park by the Town.
MOBILE HOME SUBDIVISION means a mobile home development requiring the
subdivision of land whether in single or joint ownership into two or more pieces or
parcels of land for the purpose of locating thereon mobile home unlts under either
freehold or leasehold tenure and where the maintenance of streets and services is the
responsibility of a municipality or public authority, and where the mobile home
development is classified as a mobile home subdivision by the Town.
40
Town of Belleoram
Development Regulations 2010
SCHEDULE A
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.
PERMITIED use means a use that is listed within the permitted use classes set out in
the use zone tables of an authority's development regulations.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
PRINCIPAL BUILOING(S) means the building or buildings in which the primary use of
the lot on which the building is located is conducted. This term is interchangeable with
the term Main Building.
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 a lot.
RESTAURANT means a building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with m~als or refreshments for
consumption on the premises.
ROW DWELLING means a dwelling containing three or more dwelling units at ground
level in one building, each unit separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal
or recreational use, and is not intended for use as permanent living quarters.
SEMI-SERVICED DEVELOPMENT means development which is connected to the
municipal water or municipal sewer system, whether or not the sewage is piped directly
to a body of water.
SERVICE STATION means any land or building used exclusively for the sale of
petroleum products, automotive parts and accessories, minor repairs, washing and
pollshing of motor vehicles.
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Town ofBel/eoram
Development Regulations 2010
SCHEDULE A
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 sate of goods, wares or merchandise by retail or the
selling or offering for sale of retail services but does not include an establishment
wherein the primary purpose is the serving of meals or refreshments, an amusement
use, a general garage, or a service station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing a minimum
of 5 retail establishments.
SHOWROOM means a building or part of a building in which sampJes or patterns are
displayed and in which orders may be taken for goods, wares or merchandise, including
vehicles and equipment, for later delivery.
SIDE YARD DEPTH* means the distance between the side lot line and the nearest side
wall of a building on the lot
SIGN* means a word, letter, model, placard, board, device or representation whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those. things employed wholly
as a memorial, advertisements of local government, utilities and boarding or similar
structures used for the display of advertisements.
STREET* means a street, road or highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other
emergency vehicles.
STREET LINE* means the edge of a street reservation as defined by the authority
having jurisdiction.
SUBDIVISION* means the dividing of any land, whether in single or joint ownership,
into 2 or more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
TAKE-OUT FOOD SERVICE means a building in which the primary purpose is the
preparation and sale of meals or refreshments for consumption off the premises.
42
Town of Belleoram
Development Regulations 20 I 0
SCHEDULE A
TAVERN: includes a nightclub and means a building licensed or licensable under the
Liquor Control Act wherein meals and food may be served for consumption on the
premises and in which entertainment may be provided.
UNSERVICED DEVELOPMENT means development which is not connected to the
municipal water and sewer system, whether or not the sewage is piped directly to a
body of water.
USE* means a building or actiVity situated on a lot or a development permitted on a lol
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, 19 a maximum of 10% from the yard area, lot
coverage, setback, size, height, frontage or any other numeric requirement of the
applicable Use Zone Table of the authority's regulations.
ZONING MAP* means the map or maps attached to and forming part of the
Regulations.
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Town of Belleoram
Development Regulations 2010
SCHEDULEB
SCHEDULE B ·CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
ASSEMBLY USES
Cultural and Civic
Libraries, Museums, Art
Galleries, Court Rooms,
Meeting Rooms, Council
Chambers
ASSEMBLY USES
General Assembly
Community Halls, Lodge
Halls, Dance Halls,
-
Gymnasia, Auditoria,
Bowling Alleys
ASSEMBLY USES
Educational
Schools, Colleges (non-
residential)
ASS EMBLY USES
Place of Worship
Churches and similar
places of worship, Church
Halls
ASSEMBLY USES
Passenger Assembly
Passenger Terminals
ASSEMBLY USES
Club and Lodge
Private Clubs and Lodges
(non-residential)
ASSEMBLY USES
Catering
Restaurants, Bars,
Lounges
ASSEMBLY USES
Funeral Home
Funeral Homes and
Chapels
ASSEMBLY USES
Child Care
Day Care Centres
ASSEMBLY USES
Amusement
Electronic Games
Arcades, Pinball Parlours,
Poolrooms
ASSEMBLY USES
Indoor Assembly
Arenas, Armouries, Ice
Rinks, Indoor Swimming
Pools
44
Town of Bel/eoram
Development Regulations 2010
SCHEDULE B
SCHEDULE B ·CLASSIFICATION OF USES OF LAND AND BUILDINGS ... cont'd
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Outdoor Assembly
Bleachers, Grandstands,
Outdoor Ice Rinks and
Swimming Pools,
Amusement Parks and
Fair-grounds, Exhibition
Grounds, Drive-in
Theatres
ASSEMBLY USES
Campground
Campgrounds,
Recreational Vehicle and
Travel Trailer
Campgrounds
INSTITUTIONAL USES
Penal and Correctional
Jails, Penitentiaries, Police
Detention
Stations (with detention
quarters), Prisons,
Psychiatric, Hospitals
(with detention quarters).
Reformatories
INSTITUTIONAL USES
Medical Treatment and
Children's Homes,
Special Care
Convalescent Homes
Homes for Aged,
Hospitals, Infirmaries
RESIDENTIAL USES
Single Dwelling
Single Detached
Dwellings, Family & Group
Homes
RESIDENTIAL USES
Double Dwelling
Semi-detached Dwelling,
Duplex Dwellings, Family
& Group Homes
RESIDENTIAL USES
Row Dwellfng
Row Houses, Town
Houses, Family & Group
Homes
RESIDENTIAL USES
Apartment Building
Apartments, Family &
Group Homes
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Town of Belleoram
Development Regulations 2010
SCHEDULE B
SCHEDULE 8-CLASSIFICATION OF USES OF LAND AND BUILDINGS ... cont'd
GROUP
CLASS
EXAMPLES
RESIDENTIAL USES
Collective Residential
Residential Colleges &
Schools, University &
College Halls of
Residence, Convents &
Monasteries, Nurses and
Hospital Residences
RESIDENTIAL USES
Boarding House
Boarding Houses, Lodging
Residential and/or Bed
Houses, Bed and
and Breakfast
Breakfast
RESIDENTIAL USES
Commercial Residential
Hotels & Motels, Hostels,
. ·~ ·
Residential Clubs
RESIDENTIAL USES
Seasonal Residential
Summer Homes & Cabins,
Hunting & Fishim:, Cabins
RESIDENTIAL USES
Mobile Homes
Mobile Homes
BUSI NESS & PERSONAL
Office
Offices (induding
SERVICE USES
Government Offices),
Banks
BUSINESS & PERSONAL
Medical and Professional
Medical Offices and
SERVICE USES
Consulting Rooms,
Dental Offices &
Surgeries, Legal Offices &
Similar Professional
Offices
BUSINESS & PERSONAL
Personal Service
Barbers, Hairdressers,
SERVICE USES
Beauty Parlours, Small
Appliance Repairs
BUSINESS & PERSONAL
General Service
Self-service Laundries, Dry
SERVICE USES
Cleaners (not using
flammable or explosive
substances), Small Toot
and Appliance Rentals,
Travel Agents
BUSINESS & PERSONAL
Communications
Radio Stations, Telephone
SERVICE USES
Excham:ies
BUSINESS & PERSONAL
Police Station
Police Stations without
SERVICE USES
detention quarters
46
Town of Belleoram
Development Regulations 2010
SCHEDULEB
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ... cont'd
GROUP
CLASS
EXAMPLES
BUSINESS & PERSONAL
Taxi Stand
Taxi Stands
SERVICE USES
BUSINESS & PERSONAL
Take-out Food Service
Take-out Food Service
SERVICE USES
BUSINESS & PERSONAL
Veterinary
Veterinary Surgeries
SERVICE USES
MERCANTILE USES
Shopping Centre
Shopping Centres
MERCANTILE USES
Shop
Retail Shops and Stores
and Showrooms,
Department Stores
MERCANTILE USES
Indoor Market
Mar.ket Halls, Auction Halls
MERCANTILE USES
Outdoor Market
Market Grounds, Animal
Markets, Produce and
Fruit Stands, Fish Stalls
MERCANTILE USES
Convenience Store
Confectionary Stores,
Comer Stores, Gift Shops,
Specialty Shops
INDUSTRIAL USES
Hazardous Industry
Bulk Storage of hazardous
liquids and substances,
Chemical Plants,
Distilleries
Feed Mills, & Lacquer,
Mattress, Paint, Varnish,
and Rubber Factories,
Sorav Painting
INDUSTRIAL USES
General Industry
Factories, Cold Storage
Plants, Freight Depots
General Garages,
Warehouses, Workshops,
Laboratories, Laundries,
Planing Mills, Printing
Plants Contractors' Yards
INDUSTRIAL USES
Service Station
(3asoline Service Stations,
Gas Bars
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Town of Belleoram
Development Regulations 2010
SCHEDULER
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS --- cont'd
GROUP
CLASS
EXAMPLES
INDUSTRIAL USES
Light Industry
Light Industry, Parking
Garages, Indoor Storage,
Warehouses, Workshops
NON-BUILDING USES
Agriculture
Commercial Farms, Hobby
Farms, Market Gardens &
Nurseries
NON-BUILDING USES
Forestry
Tree Nurseries, Silviculture
NON-BUILDING USES
Mineral Exploration
Mineral Exploration
NON-BUILDING USES
Mineral Working
Quarries, Pits
NON-BUILDING USES
Mining.
Mining, Oil Wells
NON-BUILDING USES
Recreational Open Space
Playing Fields, Sports
Grounds, Parks,
Playgrounds
NON-BUILDING USES
Conservation
Watersheds, Buffer Strips,
Flood Plains, Architectural,
Historical and Scenic
Sites,
Steep Slopes, Wildlife
Sanctuaries
NON-BUILDING USES
Cemetery
Cemeteries, Graveyards
NON-BUILDING USES
Scrap Yard
Car Wrecking Yards, Junk
Yards, Scrap Dealers
NON-BUILDING USES
Solid Waste
Solid Waste Disposal,
Sanitary Land Fill
Incinerators
NON-BUILDING USES
Animal
Animal Pounds, Kennels,
Zoos
NON-BUILDING USES
Antenna
TV, Radio and
Communications
Transmitting and
Receiving Masts
and Antennae
NON-BUILDING USES
Transportation
Airfields, Docks and
Harbours, Marinas
48
Town of Be/leoram
Development Regulations 2010
SCHEDULEB
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ... cont'd
GROUP
CLASS
EXAMPLES
NON-BUILDING USES
Marina
Marina, Yacht Club,
Boating Club, Boat House
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Town of Belleoram
Development Regulationr 2010
SCHEDULE C - USE ZONE SCHEDULES
SCHEDULE C - USE ZONE SCHEDULES
Schedule C contains tables showing the use classes which may be permitted or which
may be treated as discretionary use classes for the purpose of these Regulations. The
tables also indicate the required standards of development and may also include
conditions affecting some or all of the use classes.
The schedule contains tables for the following Use Zones:
NOTE:
Mixed Development (MD}
Environmental Protection (EP}
Rural (RU)
Protected Public Water Supply (PPWS)
Other sections or regulations of the Development Regulations are cross-referenced
under the Schedule c Conditions for each of the Zones .. This is for convenience
purposes only. In reviewing an application for development, all relevant provisions of the
Development Regulations should be reviewed before a permit is granted, whether or not
the provision is cross-referenced under the Co~ditions for the applicable Zone.
50
Town of Be/leoram
Development Regulations 2010
SCHEDULE C - MD ZONE
USE ZONE TABLE
MIXED DEVELOPMENT (MD) ZONE
ZONE TITLE
MIXED DEVELOPMENT (MD)
PERMITTED USE CLASSES - (see Regulation 69)
Boarding House Residential and Bed and Breakfast, Child Care, Conservation,
Double Dwelling, Recreational Open Space, Row Dwelling, Shop, Single Dwelling,
DISCRETIONARY USE CLASSES (See Regulation 70)
Amusemen~ Antenna, Apartment attached to a business, Apartment Building,
Catering,
Club
and
Lodge,
Commercial -
Residential,
Communications,
Convenience Store, Cultural and Civic, Educational, Family and Group Care Centre,
Funeral Home, General Assembly, General Industry, General Service, Indoor
Market, Light Industry, Medical and Professional, Medical Treatment and Special
Care, Office, Outdoor Market, Passenger Assembly, Personal Service, Place of
Worship, Police Station Take~out Food Service, Taxi Stand. Theatre, Transportation
1.
2.
CONDITIONS FOR THE MIXED DEVELOPMENT ZONE
General Conditions
Development in this Zone shall be compatible with nearby development, in
particular residential development and heritage buildings and sites, and shall
comply with the provisions of any plan approved or adopted by the Town. The
Town in its discretion may approve, approve subject to conditions, or reject a
development application
in order to ensure compatibility with nearby
development or a plan. See also Regulation 11 -Discretionary Powers of Town.
General Development Standards
Building Line Setback (minimum):
4 metres, 6 metres for a new residential
subdivision
Side yards (minimum):
4 metres, except where there are
adioinino oartv walls
Rear yard (minimum):
5 metres
Height (maximum)
15 metres.
The Town can decrease or increase the minimum building line setback, minimum
side yard and minimum rear yard so that the development conforms with other
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Town of Bel/eoram
Development Regulations 2010
SCHEDULE C - MD ZONE
developments in the area or to make provision for road or other public
improvements.
3.
Harbourside and Hazard Lands
4.
(1)
See also Section 46, Site Development
(2)
Development adjacent or near Belleoram Harbour and Belle Bay shall be
reviewed to ensure that unless it Is a use requiring direct access to the
Harbour or Bay:
(a)
(b)
it is not likely to be damaged by a storm;
it is not a "vulnerable or critical use", that is, a residential use, a
use catering to persons with disabilities or other special needs,
and/or a use related to emergency services (example -
a fire
station or emergency command centre, emergency shelter or other
facility) - uses which ff damaged or destroyed, could cause injury
or loss of life and/or make it more difficult to respond to an
emergency.
(3)
Any development at or near the 4 m contour line as shown on Land Use
Zoning Map 2 shall be reViewed by the Town before a permit is issued and
regardless of the zone, a permit may be refused, or approved subject to
conditions, by the Town where in its opinion the development is a
vulnerable or critical use, where damage to such a use could cause injury
or loss of life or affect the ability to deal with an emergency.
(4)
Development near steeply sloped lands, for example, back of Sl
Lawrence Anglican Church and back of Bayview Drive, shall not be
permitted until after consultation with the Department of Natural
Resources, Geophysics and Terrain Sciences Section, and/or other
qualified experts to ensure that the site of the proposed development is
not hazardous, and that development of the site will not set off a rock fall
or flooding.
Accessory Buildings, Decks and Access Ramps
This Regulation applies to both residential and non-residential accessory
buildings, decks and access ramps.
(1)
Accessory buildings shall be clearly incidental and complementary to the
use of the principal buildings in character, use and size, and shall
52
Town of Qelleorarn
Development Regulations 2010
SCHEDULE C-MD ZONE
generally be contained on the same lot as the principal building or
buildings, except as otherwise determined at the discretion of the Town.
(2)
A discretionary accessory building not located on the same lot as the
principal building can only be used for marine-related uses or for storage
purposes only and shall have height no greater than 4 metres and a floor
area no greater than 75 square metres or 15 % of the lot area whichever
is the less, unless otherwise approved at the discretion of the Town.
(3)
Building Line - The minimum building line (distance from the front lot line)
for an accessory building shall be as that set out in the Schedule C Use
Zone for principal and other buildings.
(4)
Side Yard - The minimum side yards (distance from the side lot lines) are
as follows:
(a)
Accessory Building Does Not Exceed 4 Metres in Height -
the
minimum side yard is 1 metre;
(b)
Accessory Building Exceeds 4 Metres in Height- the minimum side
yard is at least 2 metres, unless more is deemed necessary by the
Town in order to protect the amenities and/or privacy of
neighbouring properties;
(c)
Minimum Side Yard Flanking Road (for a Comer Lot) -
the
accessory building shall not be closer to a flanking road than that
set out for the dwelling under Schedule C.
(5)
Rear Yard - The minimum rear yards are as follows:
(a)
Accessory Building Does Not Exceed 4 Metres in Height -
the
minimum rear yard (distance from the rear lot line) is 1 metre;
(b)
Accessory Building Exceeds 4 Metres in Height - the minimum rear
yard shall be 2 metres, unless more is deemed necessary by the
Town in order to protect the amenities and/or privacy of
neighbouring properties.
(6)
Separation Distance from Principal Building - Accessory buildings shall
maintain a minimum separation distance of 3 metres from a principal
building, or the minimum required by the Building Code, whichever is the
greater.
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Development Regulations 2010
SCHEDULE C-MD ZONE
5.
(7)
(8)
Lot Coyeraqe - The combined lot coverage of
accessory buildings
together with principal and other buildings on a lot shall not exceed 33%
(See also clause (3)).
Floor Area - No floor area requirements are set out for accessory
buildings, however. However, any accessory building exceeding 70 m2 in
floor area may only be approved at the discretion of the Town and after
notice of the application has been given in accordance with Regulation 23.
(9)
Height - The maximum height of an accessory building shall not exceed
the height of the principal building. However, any accessory building with a
height greater than 4 metres may only be approved at the discretion of the
Town and after notice of the application has been given in accordance
with Regulation 23.
Decks
(13) An open or partially enclosed deck attached to the dwelling shall not
extend into the minimum permissible front and side yards and flanking
road setback, and shall not be closer to the rear lot line than 1 metre.
Access Ramp
(14)
An access ramp for a wheel chair, may, at the discretion of the Town after
consultation with abutting property owners, be erected in a minimum front,
rear or side yard if:
-
there is no alternative means of providing the access ramp;
-
it does not create a safety hazard or block sight lines;
-
it is attached to an existing dwelling.
Comprehensive Development
At the discretion of the Town a comprehensive development containing two or
more individual developments on a parcel of land at least one hectare in area
may be permitted as a Single comprehensive developme!'lt.
54
Town of Belleoram
Development Regulations 2010
SCHEDULE C - MD ZONE
6.
7.
8.
-
While the use classes and overall density of the comprehensive
development must comply with the use zone schedule of the zone in
which it is located, other standards can be modified or waived.
-
The development must be compatible with adjacent development.
-
The Town may require that a comprehensive development be connected
to municipal water and sewer services and has direct access to a publicly
owned and maintained street.
Home Business
See Regulation 30, Accessory Uses.
Road Frontage
Unless it is otherwise impossible - for example, a wharf, or a development
located in a remote area - or forms part of a comprehensive development, all use
classes must front onto an existing public road built in conformity with the
standards in these Regulations.
Subsidiary Apartment
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.
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Town of Belleoram
Development Regulations 2010
USE ZONE TABLE
SCHEDULE C- EP ZONE
ENVIRONMENTAL PROTECTION (EPl ZONE
ZONE TITLE
ENVIRONMENTAL PROTECTION (EP)
PERMITTED USE CLASSES - (see Regulation 69}
Conservation.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 70)
Antenna, Recreational Open Space and Trails and Transportation (wharves and
docks and fishing stages).
CONDITIONS FOR THE ENVIRONMENTAL PROTECTION ZONE
1.
General
All development in this zone is subject to the approval of the Minister of
Environment and Conservation.
56
Town of Bellearam
Development Regulations 20 I 0
SCHEDULE C - RU ZONE
USE ZONE TABLE
RURAL CRU) ZONE
ZONE TITLE
RURAL (RU)
PERMIITED USE CLASSES - {see Regulation 69)
Agriculture, Antenna, Cemetery, Campground, Conservation, Forestry, Indoor
Assembly, Mineral Exploration, Outdoor Assembly, Outdoor Market, Public Utility,
Recreational Open Space and Trails and TransP<>fiation.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 70)
General Industry, Mineral Working and M in~ng
1.
2.
CONDITIONS FOR THE RURAL ZONE
General Development Standards
The minimum lot area, frontage and front, rear and side yards shall be as
determined by the Town, subject to the approval of the Department of
Government Services. Applications shall also be referred to the Department of
Natural Resources and if necessary, the Department of Transportation and
Works.
Harbourside and Hazard Lands
(5)
See also Section 46, Site Development.
(6)
Development adjacent or near Bel\eoram Harbour and Belle Bay shall be
reviewed to ensure that unless it is a use requiring direct access to the
Harbour or Bay:
(a)
it is not going to be damaged by a storm;
(b)
it is not a ·vulnerable or critical use", that is, a residential use, a
use catering to persons with disabilities or other special needs,
and/or a use required for emergency services (example - a fire
station or emergency command centre, emergency shelter or other
facility) - uses which if damaged or destroyed, could cause injury
or loss of life and/or make it more difficult to respond to an
emergency.
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Development Regulations 2010
SCHEDULE C-RU ZONE
3.
(7)
Any development at or near the 4 m contour line as shown on Land Use
Zoning Map 2 shall be reviewed by the Town before a permit is issued and
regardless of the zone, a permit may be refused by the Town where in its
opinion the development is a vulnerable or critical use, where damage to
such a use could cause injury or loss of life or affect the ability to deal with
an emergency.
(8)
Development near steeply sloped lands, for example, back of St.
Lawrence Anglican Church and back of Bayview Drive, shall not be
permitted until after consultation with the Department of Natural
Resources, Geophysics and Terrain Sciences Section, and/or other
qualified experts, that the site of the proposed development is not
hazardous, and that development of the site will not set off a rock fall or
flooding.
Campground
(1)
A campground may only be permitted as a discretionary use, provided a
plan of the development is submitted in a format satisfactory to the Town,
showing and specifying:
(a)
camping sites - location and sizes;
(b)
roads and accesses;
(c)
parking areas;
{d)
accessory uses, such as laundry facilities, storage areas, showers,
snack-bar, and convenience stores and the caretaker residence,
and any other building or facility accessory to the campground
facility;
(e)
water supply and waste disposal services;
(f}
landscaping;
(g)
buffers, and screening between the campground and existing and
future residential development;
(h)
the land to be .developed on a legal survey prepared by a
Newfoundland Land Surveyor;
(i)
where deemed, necessary by the Town, a phasing plan of the
campground.
(2)
Commercial uses, washroom facilities, laundromats and similar facilities,
and parking areas and recreational areas shall not be located adjacent to
residential areas.
58
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Development Regulations 2010
SCHEDULE C -RU ZONE
4.
5.
(3)
All sites and facilities shall only be accessed by the internal road network
of the campground.
(4)
A suitable buffer located on the property and that is landscaped and
planted with materials approved by the Town and/or a privacy fence of a
design approved by the Town, shall be provided where the development
abuts a public road, right of way, and/or a present or future residential
neighbourhood.
Any buffering or screening shall be properly maintained by the owner, and
not allowed to fall into disrepair or become unsightly.
(5)
The pennit for a campground shall specify the maximum number of units
and sites .. in the form of tents, recreational vehicles, and so forth - that
may be accommodated on the site at any one time. This number shall not
be exceeded.
(6)
Any expansion or alteration to a campground shall be subject to review by
the Town, and except for repairs and maintenance, shall be treated as a
discretionary use application.
(7)
The owner and/or the operator shall ensure that all bylaws and regulations
of the Town pertaining to noise, rowdy behaviour, and Jitter are complied
with.
(8)
Where deemed necessary by the Town, a deposit sufficient to cover the
cost the buffer and screening shall be deposited with the Town, and then
subsequently returned by the Town upon satisfactory completion of the
work, or, used by the Town to complete the work In accordance with the
approved plan.
Forestry
Approvals for woodcutting or other forestry related activities must be obtained
from the provincial Department of Natural Resources - Forest Management Unit.
General Industry
(1)
General industry shall be restricted to the maintenance and repair of
equipment, processing and storage related to forestry, mineral working or
mining uses.
·
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Development Regulations 2010
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6.
(2)
Unless the Town is satisfied that the general industry use will not create a
nuisance and will not adversely affect the amenity of the surrounding area,
the Town shall require the provision of buffering by the developer to the
satisfaction of the Town.
Mineral Working
Mineral workings and mining are subject to this Regulation, any other applicable
regulations and the approval of the Department of Natural Resources and other
Departments and agencies as required.
(1)
An application for a development permit shall include a Mineral Working
Development Plan satisfactory to the Town for the proposed Mineral
Working use which shall include a site plan showing the location of
physical site features and extraction and processing features required by
the Town including but not limited to:
·
(a)
boundaries of the site to be mined;
(b)
extent of the areas to be mined;
(c)
b~ildings and structures on the site;
(d)
roads, parking and loading areas and entrances and exits to the
site;
(e)
fences, berms and landscaping provided for the screening;
(f)
water bodies and channels to be removed, shifted and created;
(g)
location of expected maximum height of stockpiles of mined ores,
sand and gravel;
·
(h)
location of major machinery and conveyors for receiving and
processing raw ores including machinery for sifting, washing and
grading ores, and the manufacturing of concrete and stone
products;
(i)
the probable location of storage piles of topsoil and overburden
removed from earlier phases of mined areas and temporarily being
stored for replacement under the Reclamation Plan; and
0)
intended phases of mining operations to be carried out over all
portions of the site.
(2)
An application for a development permit shall include a Mineral Working
Reclamation Plan satisfactory to the Town for the proposed mineral
working use which shall explain, illustrate and show to the satisfaction of
the Town a plan for restoration of the site which includes final ground
contours, slopes, depth of topsoil, and vegetation and phasing plan if
necessary in the form of a grading and landscape plan or plans.
60
Town of Belleoram
Development Regulations 2010
SCHEDULE C -RU ZONE
(3)
Separation from Adjacent Uses
Unless the Town is satisfied that the working will not create a nuisance
and will not adversely affect the amenity of the specified development or
natural feature, nq mineral wor1<ing shall be located closer than the
minimum distances set out below to the specified development or natural
feature:
(a)
Existing or Proposed Residential Development
where no blasting is involved
where blasting is involved
(b}
Any Other Existing or Proposed Development
{ c)
Public Highway or street
(d)
Protected Road
(e)
Body of water or watercourse
{4)
Screening
300 metres
1000 metres
150 metres
50 metres
90 metres
50 metres
A mineral working shall be screened in the manner described below where
it is visible from a public street or highway, developed area, or area likely
to be developed during the life of the use.
{a)
Where tree screens exist between the mineral working and
adjacent public highways and streets or other land uses (excepting
forestry and agriculture), the tree screens shall be retained in a 30-
metre ·wide strip of vegetation so that visibility of any part of the use
from the surrounding uses or streets will be prevented. The tree
screens must be maintained by the owner or occupier of the use to
retain 30 metres In a forested appearance. Where vegetation dies
or is removed from the 30-metre strip, the Town may require new
trees of a minimum height of 1 metre be planted to fill in the areas
affected to the satisfaction of the Town or, at the discretion of the
Town, condition {4){b) must be undertaken.
(b)
Where no tree screens exist of sufficient width and density to
constitute a visual screen, earthen berms shall be constructed to a
height sufficient to prevent visibility of any part of the mineral work-
ing from adjacent uses (excepting forestry and agriculture), or
adjacent public highways and streets.
The berms shall be
landscaped to the Town's satisfaction.
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Development Regulations 2010
SCHEDULE C-RU ZONE
(c)
Where natural topography creates a visual screen between mineral
workings and adjacent public highways and streets or other land
uses (excepting forestry and agriculture), additional screening may
not be required.
(d)
Where effective screening for any mineral working or associated
processing or manufacturing use cannot be installed or located as
required in (a) - (c) above, the Town may refuse to permit the use
or associated activity.
(5)
Fencing
The Town may require the mineral working site or excavated areas of a pit
or quarry working to be enclosed by a fence designed and constructed to
its specifications and no less than 1.8 metres in height.
(6)
Water Pollution
No mineral working or associated storm or sanitary drainage shall
unacceptably reduce the quality of water in any body of water or
watercourse, Any access road to a pit or quarry working which crosses a
brook or stream shall be bridged or culverted at the crossing in
accordance with the regulations of the Department of Environment and
Conservation.
(7)
Erosion Control
(8)
No mineral working shall be carried out in a manner so as to cause
erosion of adjacent land.
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles,
and abandoned equipment and any derelict buildings.
(9)
Access Roads
During extended periods of shutdown, access roads to a mineral working
shall be ditched or barred to the satisfaction of the Town.
62
Town of Belleoram
Development Regulations 2010
SCHEDULE C -RU ZONE
(10)
Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and
iron stained layer, shall be stripped and stockpiled at least 5 metres from
active quarry or stockpile areas. The owner or operator shall ensure that
the quality of the topsoil is not affected by dilution with other materials.
(11)
Operating Plant ·and Associated Processing and Manufacturing
(a)
The Town may permit processing and manufacturing use
associated with mineral workings provided that, in the opinion of the
Town, the use does not create a nuisance nor is liable to become a
nuisance or offensive by the creation of noise or vibration, or by
reason of the emission of fumes, dust, dirt, objectionable odour, or
by reason of unsightly storage of materials.
(b)
All permanent or temporary buildings, plants and structures
associated with processing and manufacturing will be located so as
not to interfere with the present or future extraction of aggregate
resources.
(c)
The Town may specify a minimum separation distance between
operating plant or associated processing and manufacturing
structure or equipment and adjacent developed areas likely to be
developed during the life of the mineral working.
(12)
Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be
carried out by the operation:
(a)
all buildings, machinery and equipment shall be removed;
(b)
all pit and quarry slopes shall be graded to slopes less than 20° or
to the slope conforming to that existing prior to the mineral working;
(c)
topsoil and any organic materials shall be re-spread over the entire
quarried area;
(d)
the access road to the working shall be ditched or barred to the
satisfaction of the Town;
(e)
if the mineral working contains reserves of material sufficient to
support further extraction operations, the Town may require the
work described above to be carried out only in areas of the site
where extraction has depleted aggregate reserves.
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Town of Belleoram
Development Regulations - 2010
SCHEDULE C - PPWS ZONE
1.
USE ZONE TABLE
PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE
General Conditions and Referrals
In addition to any other approvals or requirements by the Town, all development
in this zone shall be subject to the approval of the Minister of Environment and
Conservation.
Conditions 1, 2, 3, 4, and 5 are based upon Department of Environment and
Conservation Policy Directive W.R. 95-01 - Water Resources Management
Division as modified.
(1)
Existing resource development and other activities will be allowed to
continue unless it is established that these are impairing water quality or
have potential to impair water quality.
(2)
The Minister of Environment and Conservation may require proponents of
existing activities, which have potential to impair water quality, to obtain
his/her approval.
(3)
No development shall be carried out in a designated area except in
accordance with this policy.
( 4)
No person shall carry out any development in a designated area without
obtaining prior approval in writing from the Minister.
2.
Activities Not Pennitted in a Designated Area
The following activities shall not be permitted in the Protected Water Supply:
(a)
placing, depositing or discharging or permitting the placing, depositing .or
discharging into a body of water any sewage, refose, chemicals, municipal
and industrial wastes or any other material which impairs or has potential
to impair water quality;
(b)
using an intake, pond, lake or specified buffer zones for any activity
detrimental to water quality, and not permitted in the Environment Act:
(c)
using ice covered water body for transporting logs or wood, riding
skidoos/motor vehicles/all terrain vehicles, leading of animals, or any other
64
Town of Belleoram
Development Regulations - 2010
SCHEDULE C - P PJ!fS ZONE
3.
activity, including littering, which impairs or has potential to impair water
quality;
(d)
using or operating existing facilities in such a manner that impairs or has
potential to impair water quality;
(e)
storage and disposal of pesticides and manure, application of manure and
chemicals in specified buffer zones, extensive land clearing, and peat land
drainage without adequate treatment.
(f)
application of herbicides in the right-of-way, and use of chemically treated
utility poles and other related structures; and,
(g)
any other storage or disposal facilities that the Minister of Environment
and Conservation considers envir~nmentally unacceptable.
Activities Regulated in a Designated Area
Subject to the other provisions of these Regulations, in this zone no person shall
undertake any of the following activities without obtaining prior written approval
from the Minister of Environment and Conservation and a permit from the Town:
(a)
expansion and upgrading of the existing activities, operations or facilities;
(b)
land clearing or drainage, construction of access roads, servicing of lands
for subsequent use, or extension and upgrading of existing buildings or
facilities;
(c)
installation of storm or sanitary sewer pipelines, pipelines for transmission
of water for hydroelectric generation, agriculture uses, or any other
purposes;
(d)
construction of roads, bridges, culverts, and other stream crossings, and
installation of power and telecommunication transmission lines;
(e)
modification to intake structures, pump house, reservoir; and
(f)
any other development or activity which, in the opinion of the Minister of
Environment and Conservation, has caused impairment or has potential to
impair water quality.
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Development Regulations-2010
SCHEDULE C -PPWS ZONE
4.
Approval Process
(1)
The proponent shall submit a detailed development plan along with maps,
drawings and specifications and other infomiation as r~quired by the Town
and the Minister of Environment and Conservation for approval.
(2)
The Minister of Environment and
Conservation
may,
on
the
recommendation of his/her officials, issue a certificate of approval for the
proposed development. on such terms and conditions as the Minister
considers necessary to protect water quality.
(3)
The proponent shall obtain separate approvals from the Minister and
Conservation for all permanent or temporary stream crossings or for
alteration to bodies of water that may be necessary to carry out the
approved devetop.ment.
(4)
The proponent shall also obtain licences, permits or approvals under other
Acts and Regulations1 including the Development Regulations as required
prior to commencing the approved work.
(5)
The proponent of the approved development shall notify the Town by
providing a copy of the approval issued under this policy before
commencing the work.
(6)
The proponent shall maintain adequate liaison and consultation with the
person or authority responsible for the operation and maintenance of the
waterworks during the implementation and operation of the approved
work.
(7)
The Minister of Environment and Conservation may require the inspection
of the approved development from time to time by his/her officials to
ensure that the development
i~ carried out in an environmentally
acceptable manner and the proponent is complying with the terms and
conditions of the approval.
(8)
The Minister of Environment and Conservation may require a proponent to
monitor water quality according to a monitoring program approved by the
Minister in order to evaluate the impact of the approved development on
public water supply.
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Development Regulations - 2010
SCHEDULE C - PPWS ZONE
5.
Buffer Zones
6.
The proponents shall provide the following widths of buffer zones along and
around water bodies from the high water mark in a designated area:
Water Body
Width of Buffer Zones
Intake pond or lake
a minimum of 150 metres
River intake
a minimum of 150 metres for a distance
of one kilometre upstream and 100
metres downstream
Main river channel
a minimum of 75 metres
Major tributaries, lakes or ponds
a minimum of 50 metres
Other water bodies
a minimum of 30 metres
No development activity shall be permitted in buffer zones except those that are
intended to promote vegetation.
Forestry
Approvals for woodcutting or other forestry related activities within this zone must
be obtained from the provincial Department of Natural Resources - Forest
Management Unit.
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Town of Belleoram
Development Regulations -2010
SCHEDULED
SCHEDULE 0 - OFFSTREET LOADING AND PARKING REQUIREMENTS
1.
Off-Street Loading Requirements
(1)
Where the Town deems necessary, for every building, structure or use to
be erected, enlarged or established requiring the shipping, loading or
unloading of animals, goods, wares or merchandise, there shall be
provided and maintained for the premises loading facilities on land that is
not part of a street comprised of one or more loading spaces, 15 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
Town ..
(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.
2.
Parking Area Standards
(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 pari<ing of vehicles associated with that building,
structure or use.
(2)
The number of parking spaces to be provided for any building, structure,
use of occupancy shall conform to the standards set out in Schedule D,
except as otherwise modified by Schedule C, of these Regulations.
(3)
Each parking space, except in the case of single or duplex 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.
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Town of Belleoram
Development Regulations - 20 I 0
SCHEDULE D
(4)
(5)
The parking facilities required by this Regulation shall, except in the case
of single or attached dwellings, be arranged so that it is not necessary for
any vehicle to reverse onto or from a street.
Where, in these Regulations, parking facilities for more than four vehicles
are required or permitted, with parking perpendicular to the curb the
minimum dimensions shall be as follows:
(a)
(b)
(c)
(d)
(e)
parking stall width -
parking stall length or depth -
aisle width, parking stalls across from each other-
aisle width, other obstruction
driveway width
2.75 metres
5.80 metres
7.30 metres
7.30 metres
7.00 metres.
Where the parking stall is horizontal to the curb, the minimum length of the
stall shall be 7.00 metres, and the··minimum aisle width (if applicable) shall
be at least 4 metres, more if deemed necessary by the Town.
For any other parking Jot configuration, the requirements shall as be as
specified by the Town, but in no instance shall the requirements be less
than that specified for perpendicular parking spaces.
(6)
Other requirements for parking areas are as follows:
(a)
the parking area shall be constructed and maintained to the
specifications of the Town;
(b)
the lights used for illumination of the parking area shall be so
arranged as to divert the light away from adjacent development;
(c)
a structure, not more than 3 m in height and more than 5 m2 in area
may be erected In the parking area for the use of attendants in the
area;
(d)
except in zones in which a service station is a permitted use, no
gasoline pump or other service station equipment shall be located
or maintained on a parking area;
(e)
no part of any off-street parking area shall be closer than 1.5 m to
the front lot line In any zone;
(f)
access to parking areas in non-residential zones shall not be by
way of residential zones;
(g)
where a parking area is in or abuts a residential zone, a natural or
structural barrier at least 1 m in height shall be erected and
maintained along all lot lines;
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Town of Bel/eoram
Development Regulations- 2010
SCHEDULED
(h)
where, in the opinion of the Town, strict application of the above
parking requirements is impractical or undesirable, the Town may
as a condition of a permit require the developer to pay a service
levy in accordance with these Regulations in lieu of the provision of
a parking area, and the full amount of the levy charged shall be
used by the Town for the provision and upkeep of alternative
parking facilities within the general vicinity of the development.
3.
Parking Requirements
( 1)
The off-street parking requirements for uses in the various use classes set
out in Schedule B shall be as set out In the following table, except as
otherwise set out in Schedule C In case of developments including uses in
more than one class, these standards shall be regarded as cumulative.
(2)
Adequate off-street provfsion for drop-off and pick-up of persons shall be
provided in developments where required, such · as uses within the
education, passenger assembly, child care, medical treatment and special
care, commercial-residential and take-out food service classes.
CLASS
MINIMUM Off ..STREET PARKING REQUIREMENT
Theatre
One space for every 5 seats.
Cultural and Civic
One space for every 50 square metres of gross floor
areas.
General Assembly
One space for everv 1 O sQuare metres of gross floor area.
Educational
Schools - 2 spaces for every classroom.
Further education - 1 space for every 5 persons using the
facilities {students, faculty and staff).
Place of Worshio
One space for every 5 seats.
Passenger Assembly
As specified by the Town.
Club and Lodge
One space for every 3 persons that may be
accommodated at one tfme.
Catering
One space for every 3 customers that may be
accommodated at one time.
Funeral Home
One space for every 10 square metres of gross floor area.
Child Care
One space for everv 20 sQuare metres of gross floor area
Amusement
One space for every 10 sQuare metres of moss floor area.
Outdoor Assembly
As specified by the Town.
Camooround
As specified by the Town.
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Town of Be/leoram
Development Regulations - 20 I 0
SCHEDULED
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Penal
and
Correction a I As specified by the Town.
Detention
Medical Treatment and
Special Care
Once space per 20 square metres of suite or ward area
Single Dwelling
Two spaces for every dwelling unit.
Double Dwellina
Two spaces for every dwelling unit.
Row Dwellina
Two spaces for every dwelling unit.
·Apartment Buildina
Three spaces for every two dwelling units.
Collective Residential
As specified by the Town.
Boarding House
As specified by the Town.
Residential and/or Bed
and Breakfast
Commercial Residential
One space for everv guest room.
Seasonal Residential
One space oer dwellina unit
Mobile Homes
Two soaces for everv dwelling unit.
Office
·One space for every 20 m:.r: of gross floor area.
Medical and Professional
One space for every 20 m:.r: of gross floor area.
Personal Service
One space for every 20 m" of gross floor area.
General Service
One space for everv 20 m:.r: of gross floor area.
Communications
As soecified by the Town.
Police Station
As soecified by the Town.
Taxi Stand
As specified by the Town.
Take-out Food Service
One space for every 20 m:.r: of gross floor area.
Veterinary
One space for every 20 m" of gross floor area.
Shopping Centre
One space for everv 15 m" of gross floor area.
Shop
One soace for everv 20 m" of gross floor area.
Indoor Market
As specified by the Town.
Outdoor Market
As specified by the Town.
Convenience Store
One space for every 20 m" of gross floor area.
Hazardous Industry
As specified by the Town, but not less than one space per
100 m2 of gross floor area or 10 parking spaces,
whichever Is areater.
General Industry
As specified by the Town, but not less than one space per
100 m2 of gross floor area or 1 O parking spaces,
whichever is greater.
Service Station
One space for every 20 m" of gross floor area.
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Town of Belleoram
Development Regulations- 2010
CLASS
Light Industry
Agriculture
Forestry
Mineral Working
Mining
Recreational Open Space
Conservation
Cemetery
Scrap Yard
Solid.Waste
Animal
Antenna
Transportation
Marina
SCHEDULED
MlNIMUM OFF-STREET PARKING REQUIREMENT
As s~ecified by the Town, but not less than one space per
50 m2 of gross floor area or 5 parking spaces, whichever
is greater.
Not specified.
Not specified.
Not specified.
Not specified.
Not specified.
Not specified.
Not specified.
Not specified.
Not specified.
Not specified.
Not specified.
As determined by the Town, taking into consideration
associated uses, such as boat repairs, and other facilities
and services.
·
As determined by the Town, taking into consideration
associated uses, such as boat repairs, and other facilities
and services.
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