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Prepared for:
The Town of Bngus
Prepared by:
CBCL limited
Date:
June 2012
Project#:
103037.00
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Urban and Rural Planning Ac_t _______ _
Resolution to Adopt
Town of Brigus Development Regulations
2011 - 2021
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
Town Council of Brigus adopts the Brigus Development Regulations 2011-2 021.
Adopted by the Town Council of Brigus on the tf day of Sept , 2012.
Signed and sealed this I Lf
day of ~1r1bzr 2012 .
Mayor:~
Canadian Institute of Planners Certification
I certify that the attached Development Regulations have been prepared in
accordance with the requirements of the Urban and Rural Planning Act 2000.
Brigus Development Regulations
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O
Urban and Rural Planning Act
Resolution to Approve
Br--~~~~~~~~~~~T~u~w
............
nr-rrof~B~rni~g-n~s~~-~~~~~-~~~~-
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Development Regulations
2011-2021
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Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning
Act 2000, the Town Council of Brigus
a)
adopted the Brigus Development Regulations 2011-2021 on the 4 day of September
'2012.
b)
c)
gave notice of the adoption of the Brigus Development Regulations by advertisement,
inserted on the day and the 17 day of September, 2012 in the Compass.
set the 4 day of October, 2012 at 7:00 p.m. at the Brigus Recreation Centre, Brigus, 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 Brigus approves the Brigus Development Regulations with the following changes:
Adding a requirement that roofing materials be of a uniform colour to Section 9.5. 7 Roof
Form, of the Development Regulations.
Removing the standards for a minimum rear yard in the Historic Townscape Use Zone,
and providing for such to be established at the discretion of Council.
Correcting the Zoning Map to reflect the removal of the Cupids Pond Protected
Watershed Boundary that is no longer a protected watersupply area. Lands zoned
Residential Mbced and Rural.
Reducing the area of lands zoned Conservation around Frog Marsh Pond and zoning
them Historic Townscape;
Reducing the area of lands zoned Conservation along the Conception Bay Highway,
Keatings Road, and Guys Lane and zoning them Residential Mixed.
Changi,ng the zoning of lands north of Rattley Row to Residential Mixed to reflect the origi,nal
zoningfrom the 1994 Development Regulations.
day of ~
l-¥ , 2\ u Oevelopment Regulations/Amendment
REGISTERED
Clerk: ~
~.~:b~~ ~
Signature __
__.~~~~~~~=~
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Table of Contents
1
Applic.ation ..................................................................................................................... ~ ............. , ............... 1
2
3
1.1
Title ................................................................................................................................................................. 1
1.2
Interpretation ............................................................................................................................................. 1
1.3
Commencement. ........................................................................................................................................ 1
1.4
Municipal Code and Regulations ........................................................................................................ 1
1.5
Authority ...................................................................................................................................................... 1
1.6
Delegation of Authority .......................................................................................................................... 1
1. 7
Provincial Development Regulations ............................................................................................... 1
Definitions ............................. -.................... ··-·--· .......................................................... ·-· .. ·-··-·-···· .................... 2
General Regulations ............................................................................................................................ 12
3.1
Permit to Develop Required .............................................................................................................. 12
3.2
Decisions of Council .............................................................................................................................. 12
3.3
Permit to be Issued ............................................................................................................................... 12
3.4
Permit Not to be Issued in Certain Cases ..................................................................................... 12
3.5
Discretionary Powers ........................................................................................................................... 12
3.6
The Application ...................................................................................................................................... 13
3.7
Register of Application ........................................................................................................................ 13
3.8
Deferment of Application ................................................................................................................... 13
3.9
Approval in Principle ........................................................................................................................... 13
3.10
Approval .................................................................................................................................................... 14
3.11
Development Permit ............................................................................................................................ 14
3.12
Revoke Permit ......................................................................................................................................... 14
3.13
Public Notice ............................................................................................................................................ 14
3.14
Licenses, Permits and Compliance with Other Bylaws .......................................................... 15
3.15
Right of Entry .......................................................................................................................................... 15
3.16
Stop Work Order and Prosecution ................................................................................................. 15
3.17
Service Levy ............................................................................................................................................. 15
3.18
Financial Guarantees by Developer ........................................ : ...................................................... 15
3.19
Dedication of Land for Public Use ................................................................................................... 16
3.20
Reinstate1nent of Land ......................................................................................................................... 16
3.21
Notice of right to appeal.. .................................................................................................................... 16
3.22
Appeal requirements ............................................................................................................................ 16
3.23
Appeal registration ............................................................................................................................... 16
Brigus Development Regulations
iii
3.24
Development prohibited ..................................................................................................................... 17
------'3+.~2.,.5-++
I I ·eartng notice and n1eetiflgs ......................................................................................................... -. 17
3.26
Hearing of evidence .............................................................................................................................. 17
3.27
Board decision ........................................................................................................................................ 17
3.28
Variances ................................................................................................................................................... 17
3.29
Notice of variance .................................................................................................................................. 18
3.30
Residential non conformity ............................................................................................................... 18
3.31
Notice and hearings on change of use ........................................................................................... 18
3.32
Non-conformance with standards .................................................................................................. 18
3.33
Discontinuance of non-conforming use ........................................................................................ 18
3.34
Delegation of powers ........................................................................................................................... 18
4
General Development Standards .................................................................................................... 19
4.1
Access and Service Streets ................................................................................................................. 19
4.2
Accessory Buildings .............................................................................................................................. 19
4.3
Accessory Uses Permitted .................................................................................................................. 19
4.4
Alterations to the Natural Environment ...................................................................................... 19
4.5
Archaeological Assessment ............................................................................................................... 19
4.6
Buffer Strips ............................................................................................................................................. 19
4.7
Building Height ....................................................................................................................................... 20
4.8
Building Line and Setback .................................................................................................................. 20
4.9
Landscaping and Screening ............................................................................................................... 20
4.10
Lot Area ...................................................................................................................................................... 20
4.11
Lot Area and Size Exceptions ............................................................................................................ 20
4.12
Lot Frontage ............................................................................................................................................. 21
4.13
Municipal Public Works and Utilities ............................................................................................ 21
4.14
Non-Conforming Uses .......................................................................................................................... 21
4.15
Offensive and Dangerous Uses ......................................................................................................... 21
4.16
Parks and Playgrounds, and Conservation Uses ....................................................................... 21
4.17
Side Yards ................................................................................................................................................. 21
4.18
Soils and Drainage ................................................................................................................................. 21
4.19
Soil Removal, Deposit and Site Grading ........................................................................................ 21
4.20
Storage and Screening of Refuse Containers .............................................................................. 22
4.21
Watercourse Protection ...................................................................................................................... 22
4.22
Water Pressures/Fire Flows ............................................................................................................. 22
Brigus Development Regulations
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5
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7
Off-Street Parking and Loading .................... ,._ ............................ _ .. , .. ,_ .... _ ..... ~-··············~···················· 23
5.1
Parking ReqYired ................................................................................................................................... 23
5.2
Parking Spaces ........................................................................................................................................ 23
5.3
Parking Area Design Standards ................ 7 ...................................................................................... 23
5.4
Parking Access Specifications ........................................................................................................... 24
5.5
Pick-up and Drop-off ............................................................................................................................ 24
5.6
Off-Street Loading Requirements ................................................................................................... 24
Signs ................................................................................................................................................................. 25
6.1
Permit Required ..................................................................................................................................... 25
6.2
Provincial Highway Sign Regulations ............................................................................................ 25
6.3
Form of Application .............................................................................................................................. 25
6.4
Signs Prohibited in Street Reservation ......................................................................................... 25
6.5
Permit Valid for Limited Period ....................................................................................................... 25
6.6
Removal of Signs .................................................................................................................................... 25
6.7
Signs Exempt from Control ................................................................................................................ 25
6.8
Approval Subject to Conditions ....................................................................................................... 26
6.9
Non-Conforming Uses .......................................................................................................................... 26
6.10
Prohibited Signs ..................................................................................................................................... 26
6.11
General Standards for Signs .............................................................................................................. 26
6.12
Standards for Signs in the Historic Townscape Area .............................................................. 26
6.13
Sign Specifications ................................................................................................................................. 27
Subdivision of Land .............................................................................................................................. 28
7.1
Permit Required ..................................................................................................................................... 28
7.2
Services to be Provided ....................................................................................................................... 28
7.3
Payment of Service Levies and Other Charges .......................................................................... 28
7.4
Issue of Permit Subject to Considerations ................................................................................... 28
7.5
Proposals for Subdivision of Land .................................................................................................. 28
7.6
Form of Application .............................................................................................................................. 29
7.7
Subdivision Subject to Zoning .......................................................................................................... 29
7.8
Building Lines .......................................................................................................................................... 29
7.9
Land for Public Open Space ............................................................................................................... 29
7.10
Structure in Street Reservation ....................................................................................................... 30
7.11
Development Agreement .................................................................................................................... 30
7.12
Subdivision Design Standards .......................................................................................................... 30
7.13
CuldeSacs ................................................................................................................................................ 31
Brigus Development Regulations
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7.14
Engineer to Design Works and Certify Construction Layout ............................................... 31
______
7,__._1 J-5--St..._r,eet..Woiks..May-Be Deferred ...................... ............................................................................... 31
7.16
Transfer of Streets and Utilities to the Town ............................................................................. 32
7.17
Restriction on Sale of Lots .................................................................................................................. 32
8
Special Developments ......................................................................................................................... 33
8.1
Bed and Breakfast Establishments ............................................................................................. "'. 33
8.2
General Industry .................................................................................................................................... 33
8.3
Home Childcare ...................................................................................................................................... 33
8.4
Home Occupation ................................................................................................................................... 33
8.5
Home Occupation Uses in Accessory Buildings ........................................................................ 34
8.6
Livestock Structures and Use ........................................................................................................... 34
8.7
Mineral Exploration .............................................................................................................................. 34
8.8
Mineral Workings .................................................................................................................................. 35
8.9
Scrap Yard ................................................................................................................................................. 35
8.10
Service Stations ...................................................................................................................................... 36
9
Use Zones ......................................................... ,..t········ll············································································· 37
9.1
Use Zones .................................................................................................................................................. 37
9.2
Permitted Uses ........................................................................................................................................ 37
9.3
Discretionary Uses ................................................................................................................................ 37
9.4
Prohibited Uses ....................................................................................................................................... 37
9.5
Historic Townscape (HT) ................................................................................................................... 38
9.6
Residential Mixed (RM) ....................................................................................................................... 44
9.7
Rural Zone (RUR) ................................................................................................................................... 47
9.8
Conservation (CON) .............................................................................................................................. 48
9.9
Protected Public Water Supply (PPWS) ....................................................................................... 49
Appendices
A
Zoning Map
B
Provincial Development Regulations
C
Brigus Housing Prototypes
1
Brigus Development Regulations
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1
Application
1.1
Title
1.2
1.
These Regulations may be cited as the Town of Brigus Development Regulations.
Interpretation
Words and phrases used in these Regulations shall have the meanings ascribed to them
in Section 2 of these Regulations.
2. Words and phrases not defined in these Regulations shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
1.3
Commencement
1.4
1.5
1.6
1.7
These Regulations come into effect through the Brigus Municipal Planning Area,
hereinafter referred to as the Planning Area, on the date of publication of a notice to that
effect in the Newfoundland and La brad or Gazette.
Municipal Code and Regulations
The National Building Code of Canada, Fire Code of Canada 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 Brigus shall, under these Regulations apply to the entire Planning
Area.
Authority
In these Regulations, "Authority" means the Council of the Town of Brigus.
Delegation of Authority
Where the term Council is referenced in these Regulations, Council may delegate its
authority to administer these Regulations or part thereof to an employee of Council or
an agent of Council by a resolution of Council.
Provincial Development Regulations
Provincial Development Regulations have been incorporated into the Brigus
Development Regulations and are marked as follows:
~
Provincial
Reg.X
Where there is a conflict between these regulations and the Provincial Regulations, the
Provincial Regulations shall apply. A complete copy of the Provincial Development
Regulations is attached in Appendix B.
Brigus Development Regulations
Application 1
2
Definitions
2.1
2.2
2.3
2.4
Access means a way used c::Jlr intended to be used by vehicles, pedestrians or animals in
order to go from street to a d
picent or nearby land or to go from that land to the street.
Accessory Building mealr.ls
a) A detached subordinate ~ building not used as a dwelling, located on the same lot, or
on a lot adjacent to the ir::r.ain bu.iJding to which it is an accessory, and which has a
use that is customarily Lra1cidental and complementary to, the main use of the
building or land (see ill L.Dstration);
b) For residential uses, dou-:r.estic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold fram ~s, fuel sheds, vegetable storage cellars, shelters for domestic
pets or radio and televis; :tln antennae;
c) For commercial uses, vvaa::irkshops or garages; and
d) For industrial uses, gar au &es, offices, raised ramps and docks.
Accessory Use means a u so;e that is subsidiary to a permitted or discretionary use and
that is customarily expecteC:Dlto occur with the permitted or discretionary use.
Act means the Urban and R 111iral Planning Act, 2000.
2.5
Agriculture means horticLUJtture, fruit, grain or seed growing, dairy farming, the
breeding or rearing oflivestt: ock, including any creature kept for the production of food,
wool, skins, or fur, or for th~ purpose of its use in the farming of land, the use of land as
grazing land, meadow land,.
:market gardens and nursery grounds and the use of land for
woodlands where that use i. !:Sancillary to the farming of land for any other purpose.
"Agriculture" shall be constJr::lled accordingly.
2.6
Animal Unit means any o rue of the following animals or groups of animals:
1
Bull
1000
Broiler Chic~ens or roasters (1.8 - 2.3 kg each)
1
Cow (indudii _ ng calt)
100
Female Minl-c:;[includingassociated males and kits)
100
Female Rab l::::o:iits (including associated males and litter)
4
Goats
x
Hogs (based
m 453.6kg = 1 unit)
1
Horse (inclu aaling foal)
125
Laying Hens
4
Sheep (inclu oaling laml>s)
1
Sow /Breed Siow (weaners and growers based on 453.6 kg= 1 unit)
x
Turkeys, duc:::ks, geese (based on 2.268 kg= 1 unit)
2.7
Appeal Board means the a33ppropriate Appeal Board established under the Act.
2.8
Applicant means a perso :in who has applied to an authority for an approval or
permit to carry out a dev~lopment
Brigus Development Regulations
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Provincial
Reg. 4(a)
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ProVinclal
Reg. 4(b)
Provincial
Reg.4(c)
Provlncl- I
Reg.2(-)
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Provincial
Reg. 2(b)
Definitions 2
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2.9
Architectural Style means the classification of buildings according to their
appearan~.struc~ r~ ma~d~s~~·~p~eruiuod~~~~~~~~~~~--~~~~~~~~~~~
2.10
Bed and Breakfast Establishment means a single dwelling unit in which the
resident supplies, for compensation, no more than 4 bedrooms for the temporary
accommodation of travelers.
2.11
2.12
Building means
a) A structure, erection, alteration or improvement placed on, over or under land, or
attached, anchored or moored to land,
b) Mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar uses,
c) A part of, and fixtures on, buildings referred to in (a) and (b), and
d) 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 (a) or ( c).
Building Height means the vertical distance, measured in meters from the established
grade to the;
a) highest point of the roof surface of a flat roof;
b) deck line of a mansard roof;
c) mean height level between the eave and the ridge of a gable, hip or gambrel roof;
d) and in any case, a building height shall not include mechanical structure,
smokestacks, steeples and purely ornamental structures above the roof.
--- l
x
1
x = building height
x
!
x
2.13
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 (see lot
frontage for illustration).
2.14
Building Scale means the size of a building relative to buildings near it.
2.15
Convenience Store means a building used as a store that serves the primary needs of
the adjacent neighbourhood and includes the sale of magazine, confectionary and
grocery items, rental of video movies, and a delicatessen or snack bar provided that any
eating facility is within a wholly enclosed building.
2.16
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 Childcare Services Act, but does not include a
school as defined by the Schools Act.
Brigus Development Regulations
~
Provine Isl
Rag. 4(d)
<f
ProvJnclal
Reg. 4(e)
Definitions 3
2.17
Development means the carrying out of building, engineering, mining or other
_____
__..o..,..pe..c:atioos in, on rurer..ou.m.d.~rJ..a.rul..o...r the making of a material change in the use. or
the intensity of use of land, buildings, or premises and the;
a) Making of an access onto a highway, road or way,
b) Erection of an advertisement or sign,
c) Construction of a building,
d) Parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or
as an office, or for living accommodation,
And excludes:
e) Carrying out of works for the maintenance, improvement or other alteration of a
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building;
f)
Carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of
the road reservation;
g) Carrying out by a local authority or statutory undertakers of works for the purpose
of inspecting, repairing or renewing sewers, mains, pipes, cables or other apparatus,
including the breaking open of street or other land for that purpose; and
h) Use of a building or land within the courtyard of a dwelling house for a purpose
incidental to the enjoyment of the dwelling house as a dwelling.
2.18
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.
2.19
Dormer means a protruding structure built out of a sloped roof.
2.20
Dwelling, Single Detached Unit means a self-contained unit consisting of one or
more habitable rooms used or designed as the living quarters for one household.
2.21
Dwelling, Double Unit (or Duplex) means a building containing two dwelling units,
placed one above the other, or side by side, but does not include a self-contained
dwelling containing a subsidiary apartment.
2.22
Dwelling. Townhouse means three or more dwelling units, each with a separate
entrance, constructed side by side and separated by common vertical walls.
2.23
Dwel1ing, Apartment Building means a building containing three or more dwelling
units, but does not include a row dwelling.
2.24
Erect means to build. construct, reconstruct, alter or relocate and without limiting the
generality of the foregoing, shall include any preliminary physical operation such as
excavating, grading, piling, cribbing, filling or draining, or structurally altering any
existing building or structure by an addition, deletion, enlargement or extension.
Brigus Development Regulations
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Provlnclel
Reg. 4(1)
Definitions 4
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2.25
Established Grade means
a
Where used in eference to a buildin th
elevation of the finished surface of the ground
where it meets the exterior or the front of that
building, exclusive of any artificial embankment or
entrenchment, or
b) Where used in reference to a structure that is not a
building. the average elevation of the finished grade
of the ground Immediately surrounding the
structure, exclusive of an artificial embankment or
entrenchment
a = highest elevation
b = lowest elevation
c = established grade
2.26
Existing means legally existing as of the effective date of these Regulations.
2.27
Floor Area means the total area of all floors in a building measured to the outside face
of exterior walls.
2.28
Historic Building means a building that was constructed in Brigus Historic Area Zone
prior to Confederation (1949).
2.29
Home Child Care Service means a service where not more than six (6) children
receive child care in the home of the person providing the child care.
2.30
Home Occupation means an accessory use of a dwelling and/or accessory building
for gainful employment involving the provision or sale of goods and/or services.
2.31
Home Office means a secondary use of a dwelling unit by at least one of the residents
of such dwelling unit to conduct a gainful occupation or business activity.
2.32
Inspector means any person appointed and engaged as an Inspector by the Authority
or by any federal or provincial authority or the agent thereof.
2.33
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.
2.34
Landscaping means any combination of trees, shrubs, flowers, grass or other
horticultural elements, decorative stonework, paving, screening or other architectural
elements, all of which is designed to enhance the visual amenity ofa property or to
provide a screen between properties in order to mitigate objectionable features
between them.
2.35
Light Industry means 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.
2.36
Livestock means domestic animals such as cattle, poultry or horses raised for home
use or for profit.
Brigus Development Regulations
~
Provlnclal
Reg. 4(h)
Definitions 5
2.37
Loading Space means an area ofland provided for use for the temporary parking of a
commercial motor vehicle where merchandise or materials are loaded or unloaded from
the vehicles.
2.38
Local Street means a street designed primarily to provide access to adjoining land and
which is not designated as a collector street or arterial street in the Municipal Plan, or
on the Zoning Map.
2.39
Lot means a plot, tract, or parcel ofland which can be considered as a unit of land for a
particular use or building.
2.40
Lot Area means the total horizontal area within the lines of the lot
2.41
Lot Coverage means the combined area of all buildings on a lot
measured at the level of the lowest floor above the established
grade and expressed as a percentage of the total area of the lot.
-'---- - - - -- ------- -i-.
t
I
Lot coverage :: Area ofA +Area ofB
Lot area
i
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2.42
Lot line means an outer boundary for a specific lot
2.43
Lot line, Front means the line dividing a lot from the street. For a corner lot, the
shorter lot line adjacent to the street shall be deemed the front lot line and the longer lot
line abutting the street shall be deemed the flanking lot line.
2.44
Lot Frontage means the horizontal distance between side lot lines measured at the
building line (the distance between points A and Bin illustration below).
I
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1f;
Provlnclal
Reg.4(j)
Provincial
Reg.4(k)
<ff;
Provincial
Reg. 4(1)
1fo
Provincial
Reg.4(1)
2.45
Lot line, Rear means the lot line on the
opposite side of the front lot line.
··· ··- · ·· ···· ··· .. f ....... · ·· ... rear lot llne ·-· · · · ·- ·· ·· ·-· ·· · -· · ·· ·- · ..
2.46
2.47
2.48
Lot line, Side means the lot lines
perpendicular to the front and rear lot lines.
Lot line, Flanking means a lot line which
abuts the street on a corner lot.
Main Building means any building in which is
carried on the principal purpose for which the
lot is used.
Brigus Development Regulations
A:
-----.--building line
.
.
·-- · front lolline .. ~ .. · · · ·· · · ·-- .. · . ... :. ··--
- 1):···
~olotMo
Definitions 6
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2.49
Marina means a dock or basin together with associated facilities where slips,
moorin s su lies, re airs, and other services that are
icall available for boats and
other watercraft, including storage, sales and rentals, together with a club house and
catering facilities.
2.50
Mineral Working means land or buildings used for the working or extraction of any
naturally occurring substance, including a pit or quarry.
2.51
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.
2.52
Nursing Home means a building where nursing care and room and board are
provided to individuals incapacitated in some manner for medical reasons and
approved by the Departments of Government Services and Lands, and Health and
Community Services.
2.53
Office means a room used for the purpose of regularly conducting business, performing
a service or offering consultation, but shall not include manufacturing or the selling of
retail goods.
2.54
Outdoor Storage means the storage of goods, inventory, materials or equipment or
other items which are not intended for immediate sale, by locating them outside.
2.55
Owner means a person or an organization of persons owning or having the legal right
to use the land under consideration.
2.56
Permitted Use means a use that is listed within the permitted use classes set out in
the use zone tables of an authority's development regulations.
2.57
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.
2.58
Proportion means the relationship of the height to the width of a building.
2.59
Public Use means any lands, structure or building which is constructed for use by the
general public, including but not limited to parks, playgrounds, trails, paths and other
recreational and open spaces, scenic and historic sites, publicly funded buildings such as
schools, hospitals, libraries and other public buildings and structures.
2.60
Recreational Use means the use ofland for parks, playgrounds, tennis courts, lawn
bowling greens, athletic fields, golf courses, picnic areas, swimming pools, day camps,
walking trails, and similar uses.
2.61
Restaurant means a building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with meals or refreshments for
consumption on the premises.
Brigus Development Regulations
1fo
Provine I al
Reg.4(m)
<f
Provlnclaf
Reg. 4(n)
Provlnclal
Reg.4(o)
Definitions 7
2.62
Roof, Mansard is a two or four-sided, double sloped roof with a very steep lower
slope and a flat (or near flat) upper slope.
2.63
Roof, Gable is a two-sided, sloping roof with a single ridge and gables at either end.
2.64
Roof, Flat is a roof with little or no slope.
2.65
Roof, Gambrel is a two sided, double sloping roof.
2.66
Roof, Hipped is a four sided roof having sloping ends and sloping sides.
Mansard
Gable
Flat
Gambrel
Hipped
2.67
Screening means the method by which a view of one site from another adjacent site is
shielded, concealed or hidden. The example on the right shows trees and fences being
used to screen a parking lot from public view.
2.68
Seasonal Residence means a dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent liv1ng quarters.
2.69
Service Station means any land or building used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of
motor vehicles.
2.70
Shop means a building or part thereof used for retail trade wherein the primary
purpose is the selling or offering for sale of goods, wares or merchandise by retail or the
selling or offering for sale of retail services but does not include an establishment
wherein the primary purpose of the serving of meals or refreshments, an amusement
use, a general garage, or a service station.
Brigus Development Regulations
Definitions 8
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2.71
Sign (or advertisement) means a word, letter, model, placard, board, device or
re resentation whether illuminated or not in the nature of or em lo ed wholl or in
r;;
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.
Provincial
Reg. 4{q)
Canopy/ Awning Sign
A sign that has a structure of rigid or non-rigid
material on a framework sheltering an area or
forming a sheltered walk
Ground Sign
A sign supported by one or more uprights,
placed permanently in the ground.
Mural Sign
A large image, such as a painting or enlarged
photograph, applied directly to a wall or ceiling.
Projecting/Hanging Sign
Any sign that is wholly or partly dependent
upon a building for support and projects
from the wall or face of a building or
structure.
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Flush Mounted Wall Sign
A sign attached directly to a building wall,
where the sign face is parallel to the wall of the
building to which it is attached.
. .
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Group Sign
A ground sign is a sign on which more than one
activity, business, organization, enterprise,
industry or service is being advertised.
Portable Sign
A sign designed to be mobile and not located
permanently in a fixed location.
Roof Sign
A sign fixed, placed upon or supported by
the roof of a building.
Brigus Development Regulations
Definitions 9
2.72
Sign Area means the area of the smallest rectangle, circle, or semi-circle that can
enclose the surface area of the sign. Where a sign has two faces or more, the maximum
area is permitted for each of the two faces.
2.73
Street means a street, road, highway or other way designed for the passage of vehicles
and pedestrians, and which is accessible by fire department and other emergency
vehicles.
2.74
Street Line means the edge of a street reservation as defined by the authority having
jurisdiction.
2.75
Street Right-of-Way means a strip ofland between the
street lines, acquired by reservation, dedication or forced
dedication intended to be occupied or occupied by a public
street, road or highway.
2.76
~
Provincial
Aeg. 4(t)
Provincial
Reg. 4(u)
Storey means the entire floor or level of a building having a
continuous or nearly continuous floor.
I
street-+
2.77
Structure means anything that is erected, built or constructed
of parts joined together or any such erection fixed to or
supported by the soil or by any other structure, including
buildings, walls, signs an fences.
street right-ofway---
1
street line
street line
2.78
Subdivision means the dividing of land, whether in single or joint ownership, into two
or more pieces for the purpose of development
2.79
Use means a building or activity situated on a lot or a development permitted on a lot.
2.80
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.
2.81
Utility means any public or private system, works, plan, equipment or services which
furnishes services at approved rates to or for the use of the general public.
2.82
Variance means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use
Zone of the authority's regulations.
2.83
Watercourse means any lake, pond, river, stream or other body of water.
2.84
Wetland means the land usually or at any time occupied by water, where the water
table is at or is just above the surf ace of the land either permanently or intermittently,
depending upon the class of the wetland which includes bogs, fens, marshes, swamps
and shallow water zones along shorelines of bodies of water.
Brigus Development Regulations
Provlnclal
Reo.4M
<~'¥
'107
Provincial
Reg.4(W)
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Provine lei
Reg. 4{x)
Definitions 1 o
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2.85
Yard means an open uncovered space on a lot appurtenant to a building (except a
court and unoccu ied b buildin s ors
tas_sp.eci.fi.c11alu,
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elsewhere in these Regulations.
2.86
Yard, Rear means the distance between the rear lot line and the rear walJ of the main
building on a lot
2.87
Yard, Side means the distance between the side lot line and the nearest side wall of a
building on the lot
2.88
Yard, Front means the distance between the front lot line of a lot and the front wall of
o
the main building on the lot.
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2.89
2.90
2.91
Yard, Abutting means the yard of an
abutting lot which shares a lot line of
subject property.
A = Front Yard
B =RearYord
C =SideYard
D = Flankfng Yard
E = Buildable Area
F = AbuttiTIJI Yard
.... -·
Zoning Map means the map or maps attached to and forming a part of the authority's
regulations.
Brigus Development Regulations
...
...
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Provincial
Reg. 4{r)
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Provincial
Reg. 4<-)
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Provincial
Reg. 4(Z)
Definitions 11
a
General Regulations
3.1
3.2
Permit to Develop 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 Council.
Decisions of Council
Decisions made by Council with respect to a permit required by these Regulations shall
be made in writing, and state the reasons for a refusal of, or conditions attached to a
permit. Council shall also advise the person to whom the decision applies of their right
to appeal, in accordance with Section 42 of the Act and the requirements of Section 3.21
of these Regulations.
3.3
Permit to be Issued
Subject to Regulations 3.4 and 3.5, a permit shall be issued for development within the
Planning Areas that conforms to:
a) The policies expressed in the Municipal Plan and any further scheme, plan, or
regulation pursuant thereto;
b) The general development standards set out in Section 4 of these Regulations, the
requirements of Section 6, 7 and 8 of these Regulations, and the use classes,
standards, requirements, and conditions prescribed in Sections 9 of these
Regulations for the use zone in which the proposed development is located;
c) The standards set out in the Bui !ding Code and/ or other ancillary codes, and any
Building Regulations, Waste Disposal Regulations, and/or any other municipal
regulation in force in the Planning Area regulating or controlling development,
conservation and use of land and buildings;
d) The standards set out in Section 5 of these Regulations in the case of off-street
parking and loading;
e) The standards set out in Section 6 of these Regulations in the case of signs and
advertisement;
f) The standards set out in Section 7 of these Regulations in the case of
subdivision; and
g) The standards of design and appearance established by Council.
3.4
Permit Not to be Issued in Certain Cases
No permit or approval in principle shall be issued for development within the Planning
Area when, in the opinion of Council, it is premature by reason of the site lacking
adequate road access, power, drainage, sanitary facilities, or domestic water supply, or
being beyond the natural development of the area at the time of application unless the
applicant contracts to pay the full cost of construction of the services deemed necessary
by Council and such cost shall attach to and upon the property in respect of which it is
imposed.
3.5
Discretionary Powers
In considering an application for a permit or for approval in principle to carry out
development, Council shall take into account the policies expressed in the Municipal
Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the
general appearance of the development of the area, the amenity of the surroundings,
Brigus Development Regulations
General Regulations 12
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availability of utilities, public safety and convenience, and any other considerations
which are in its o inion material and notwithstandin the conformit of the
application with the requirements of these Regulations, Council may, in its discretion,
and as a result of its consideration of the matters set out in this Regulation,
conditionally approve or refuse the application.
3.6
The Application
Development Permit
Process
1. Applications for a Permit to Develop or an Approval in
Principle shall be made only by the owner, the owner's agent
or person authorized by the owner to Council, on the
application form as may be prescribed by Council. Every
application shall include such plans, specifications and
drawings as Council may require, and be accompanied by the
appropriate fee set out in a Schedule of fees as required by
Council.
2. Council shall, on request, supply to every applicant a copy of
the application forms referred to in Regulation 3.6(1) and a
description of the plans, specifications and drawings required
to be provided with the application.
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Non
Review
Approval
.J.
3.7
Register of Application
--
Approval
Council shall keep a public register of all applications for
development, and shall enter therein Council's decision upon
each application and the result of any appeal from that
decision.
f -
Construction
3.8
1.
Deferment of Application
Council may, with the written agreement of the applicant,
defer consideration ofan application; and
*
p
3.9
2. Applications properly submitted in accordance with these
Regulations which have not been determined by Council and
Monitoring
1.
on which a decision has not been communicated to the applicant within eight weeks of
the receipt thereof by Council, and on which consideration has not been deferred in
accordance with Regulation 3.8(1), shall be deemed to be refused.
Approval in Principle
An application for Approval in Principle shall include;
a) a description of the proposed development,
b) a description of the limits of the land to be used with the proposed development,
and may include a survey description of the subject lands,
c) submission of detailed plans,
d) any additional information that may be required by Council.
2. Council may issue an Approval in Principle if it determines the application conforms to
the Municipal Plan and these Regulations.
3. An Approval in Principle sha11 be valid for 2 years.
4. No development shall be carried out under an Approval in Principle.
5. Council may revoke an Approval in Principle if it determines the applicant has changed
the proposed development in a way that significantly alters the original intent of the
applications.
Brigus Development Regulations
General Regulations 13
3.10
Approval
Approval for an applicatjo11 Ls grante~ by Council in the fa.rm_af.alli;:.evJ<.Je;:Jl.uopl.J.mLU.t::e:i.in.L.t z:.Pt:.erumu.1.4it----------
or Building Permit for applications approved under these Regulations.
3.11
Development Permit
1. A plan or drawing which has been approved by Council and which bears a mark and/or
signature indicating such approval together with a permit shaH be deemed to be
permission to develop. Such permission shall not relieve the applicant from
a) full responsibility ror obtaining permits or approvals under any other
regulation or statute prior to commencing the development;
b) having the work carried out in accordance with these Regulations or any other
regulations or statlltes; and
c) compliance with all conditions attached to an approval or a permit.
2. Council 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
purpose and intent of these Regulations.
3. Where Council deems necessary, permits may be issued on a temporary basis for a
period not exceeding two years, which may be extended in writing by Council for
further periods.
4. A permit is valid for two years. 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 Section 6 of these Regulations;
·
5. The approval of any application and plans or drawings or the issue of a permit shall not
prevent Council 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. No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by Council; and
7. There shall be kept available on the premises where any work. matter or thing is 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.
a.12
Revoke Permit
Council may revoke an approval and any subsequent permits for failure by the applicant
or developer to comply with these Regulations or any condition attached to the permit
or where the permit was issued in error or was issued contrary to the applicable
regulations or was issued on the basis of incorrect information.
3.13
Public Notice
1. Council shall provide public notice for a period of not less than:
a) 7 days· when considering a variance in accordance with Section 3.29; and
b) 14 days - when considering a change in a non-conforming use in accordance with
Section 3.31; or development which is listed as a Discretionary use in any use zone
in Section 9 of these Regulations.
2. Council may require public notice of any development application where, in the opinion
of Council, such notice is required for information and public consultation purposes.
Brigus Development Regulations
General Regulations 14
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3. Council shall require the cost of the public notice or portion thereof be paid by the
a
licant and that such notice shall be b
ublic adverti emen in ne
circulating in the area or by any other means deemed necessary or appropriate by
Council.
3.14
Licenses, Permits and Compliance with Other Bylaws
Nothing in these regulations shall exempt any person from complying with the
requirements of any By-Law in force within the Town of Brigus, or from obtaining any
license, permission, permit, authority or approval required by any statute or regulation
of the Province of Newfoundland and Labrador or the Government of Canada.
3.15
Right of Entry
3.16
1.
Council or other person or persons authorized by the municipality, 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 Council is empowered to regulate.
Stop Work Order and Prosecution
Where a person begins a development contrary or apparently contrary to these
Regulations, Council may order that person to pul1 down, remove, stop construction, fill in
or destroy that building or development and may order the person restore the site or area
to its original state, pending final adjudication in any prosecution arising out of the
development; and
2. A person who does not comply with an order made under Regulation 3.16(1) is guilty of
an offence under the provisions of the Act.
3.17
1.
Service Levy
Council may require a developer to pay a service levy where development is made
possible or where the density of potential development is increased or where the value
of property is enhanced in accordance with Section 149(2) of the Municipalities Act, SN,
1999.
2. A service levy shall not exceed the cost, including finance charges to Council of
constructing or Improving the public works referred to in Regulation 3.17(1) that are
necessary for the real property to be developed In accordance with the standards
required by Council and for uses that are permitted on that real property;
3. A service levy shall be assessed on the real property based on:
a) The amount of real property benefited by the public works related to all the real
property so benefited; and
b) The density of development made capable or increased by the public work
4. Council may require a service levy be paid by the owner of the real property benefited
and may specify the time for payment The amount of the service levy will be outlined in
the Town's Schedule of Rates and Fees.
3.18
1.
Financial Guarantees by Developer
Council may require a developer before commencing a development to make such
financial provisions and/or enter into such agreements as may be required to guarantee
the payment of service levies, ensure site reinstatement, and to enforce the carrying out
of any other condition attached to a permit of licence;
2. The financial provisions pursuant to Regulation 3.18(1) may be made in the form of:
Brigus Development Regulations
General Regulations 15
a) a cash deposit from the developer, to be held by the Council, or;
b) a security or guarantee by a bank, or other institution acceptable to Council, for
expenditures by the developer, or;
c) a performance bond provided by an insurance company or a bank
3.19
Dedication of Land for Public Use
Council may, for a development not involving a subdivision, require a portion of the
land to be developed to be conveyed to the Town for a public purpose where public
works are required to accommodate the proposed development.
3.20
Reinstatement of Land
Council may order the developer, the site occupier. the owner, or any of them to restore
the site to the satisfaction of Council where
a) the use of land is discontinued;
b) the intensity of the use is decreased;
c) a Permit to Develop has been revoked; or
d) a Temporary Permit to Develop has expired.
3.21
Notice of right to appeal
Where an authority makes a decision that may be appealed under Section 42 of the Act,
that authority shall, in writing, at the time of making that decision, notify the person to
whom the decision applies of the;
a) person's right to appeal the decision to the board;
b) time by which an appeal is to be made;
c) right of other interested persons to appeal the decision; and
d) manner of making an appeal and the address for the filing of the appeal.
3.22
Appeal requirements
1. The secretary of the board at the Department of Municipal and Provincial Affairs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Ntld., A1B 4J6 is
the secretary to all boards in the province and an appeal filed with that secretary within
the time period referred to in subsection 42 ( 4) of the Act shall be considered to have
been filed with the appropriate board.
3. The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or
(2) within the 14 days referred to in subsection 42( 4) of the Act
4. The board that hears the decision being appealed shall, subject to subsection 44(3) of
the Act, retain the fee paid to the board.
5. Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall
be considered to have been forfeited.
3.23
1.
Appeal registration
Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 6(1) and (2), shall immediately
register the appeal.
2. Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the
appeal and the documentation related to the appeal.
~
Provincial
Rag.5
,412
! P
Provinclal
Rag.6
~
Prov!nclal
Reg.7
Brigus Development Regulations
General Regulations 16
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3. Where an authority has been notified of an appeal that authority shall forward to the
a
ro riate board a co
of the a
lication
a
e
spondence, cmmcil
minutes, plans and other relevant information relating to the appeal including the
names and addresses of the applicant and other interested persons of whom the
authority has knowledge.
4. Upon receipt of the information under subsection (3), the secretary of the board shall
publish in a newspaper circulated in the area of the appropriate authority, a notice that
the appeal has been registered.
5. A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
3.24
1.
Development prohibited
Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
2. Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
3. Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, an authority shall not carry out work related to the matter
being appealed.
3.25
1.
Hearing notice and meetings
A board shall notify the appellant, applicant, authority and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days
before the date scheduled for the hearing of the appeal.
2. A board may meet as often as is necessary to conduct its work in an expeditious manner.
3.26
1.
Hearing of evidence
A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9(1) or their representative may appear before
the board and make representations with respect to the matter being appealed.
2. A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
3. A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as
evidence directly provided at the hearing of the board.
4. In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
3.27
Board decision
A decision of the board must comply with the plan, scheme or development regulations
that apply to the matter that has been appealed to that board.
3.2e
Variances
1. Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development
regulations, an authority may, in its discretion, vary the applicable development
standards to a maximum of 10% if, in the authority's opinion, compliance with the
development standards would prejudice the proper development of the land, building
or structure in question or would be contrary to public interest
2. An authority shaU not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
Provincial
Reg. 7
continued
<f
Provincial
Reg.8
f;
Provlnclal
Reg. 9
f;
Provlnclal
Reg.10
<f
Provinc:lal
Rag. 11
~
Provlnc:Ja l
Reg.12
Brlgus Development Regulations
General Regulations 17
would have a cumulative effect that is greater than a 10% variance even though the
individual variances are separately no more than 10%.
3. An authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing development.
3.29
Notice of variance
Where an authority is to consider a proposed variance, that authority shall give written
notice of the proposed variance from development standards to all persons whose land
is in the immediate vicinity of the land that is the subject of the variance.
3.30
Residential non conformity
A residential building or structure referred to in paragraph 108(3)(g) of the Act must.
where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and
development regulations applicable to that building or structure.
3.31
Notice and hearings on change of use
Where considering a non conforming building, structure or development under
paragraph 108(3)( d) of the Act and before making a decision to vary an existing use of
that non-conforming building, structure or development, an authority, at the applicant's
expense, shall pubJish a notice in a newspaper circulating in the area or by other means
give public notice of an application to vary the existing use of a non-conforming
building, structure or development and shall consider any representations or
submissions received in response to that advertisement.
3.32
Non-conformance with standards
Where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not
be expanded if the expansion would increase the non-conformity and an expansion
must comply with the development standards applicable to that building, structure or
development.
3.33
Discontinuance of non-conforming use
An authority may make development regulations providing for a greater period of time
than is provided under subsection 108(2) of the Act with respect to the time by which a
discontinued non-conforming use may resume operation.
3.34
Delegation of powers
An authority shall, where designating employees to whom a power is to be delegated
under subsection 109(3) of the Act, make that designation in writing.
Provinci~
Reg.12"
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Mntitt11Pri
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Reg.13
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Provlnclal
Reg.14
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Provlnclal
Reg.15
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Provincial
Aeg. 16
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Provlnclal
Reg.17
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Provincial
Reg. 18
Brigus Development Regulations
General Regulations 18
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General Development Standards
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4.1
Access and Service Streets
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1. Access shall be located to the specification of Council so as to ensure the greatest
possible convenience and safety of the street system.
2. Council may prescribe the construction of service streets to reduce the number of
accesses to collector and arterial streets.
3.
No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
4.2
Accessory Buildings
1. May be located on the same Jot as the main building( s) to which it is accessory; or on a
lot adjoining the lot that contains the main building, where both lots are under the same
ownership.
2. No accessory building or part thereof shall project in front of any building line.
3. No accessory building shall be developed so that it can be used as a room, flat or
apartment.
4. Accessory buildings shall be complementary with the main building in terms of exterior
finish, roofline and pitch.
4.3
Accessory Uses Permitted
Where these regulations provide for any land to be used, or building to be erected or
used for a purpose, the purpose shall include any accessory use. Such uses shall be
clearly incidental and complementary to the use of the main building and be contained
on the same lot as the main building or an adjoining lot where both lots are under the
same ownership.
4.4
Alterations to the Natural Environment
4.5
Development proposals shall include plans for grading, ditching, and landscaping.
Significant alterations to the natural environment as part of a development (such as
changing the drainage pattern or removing vegetation) will be considered during the
evaluation of development proposals. Alterations which will adversely affect
watercourses or adjacent property as a result of alterations to watercourses, drainage
or grading shaJI not be permitted. Topsoil or sods shall not be removed except with the
approval of Council.
Archaeological Assessment
Council may require an archaeological assessment for development in any use zone
where archaeological resources are known to exist, or where they are likely to exist
based on location and historical evidence. Applications for development involving major
ground disturbance, including works along the coastline shall be referred to the
Provincial Archaeology Office, Historic Resources Division, Department of Tourism,
Culture and Recreation, for review and consideration under the Historic Resources Act.
4.6
Buffer Strips
Where development is proposed that, in the opinion of Council, will have a visual Jmpact
on a hJghway, viewscape, or abutting land use, Council may require the owner of the site
to provide a separation buffer to screen the development. The buffer shall include
Brigus Development Regulations
General Development Standards 19
provision of such natural or structural barrier as may be required by Council and shall
be maintained by the owner or occupier to the satisfaction of the Council.
4.7
Building Height
1. Council may perm it the erection of buildings of a height greater than that specified in
Section 9.5-9. 9, but in such cases the building line setback and rear yard requirements
shall be varied as follows:
a) The building line setback shall be increased by 2 metres for every 1 metre
increase in height.
b) The rear yard shall not be less than the minimum building line setback
calculated as described in (1) above plus 6 metres.
2.
Height requirements may be waived in the case of communication masts and antennae,
flagpoles, water towers, spires, belfries, or chimneys. Where an increase of more than
20% in the permitted height of the structure is proposed it shall only be authorized
under the provisions of Section 3.28 and 3.13.
4.8
Building Line and Setback
Council, by resolution, may establish building lines on an existing or proposed street or
service street and may require any new buildings to be located on those building lines,
whether or not such building lines conform to the standards set out in the tables in
Sections 9.5 to 9.9 of these regulations.
4.9
Landscaping and Screening
1. All land except that used for customer parking and vehicle access shall be landscaped
and maintained by the owner or occupier to the satisfaction of Council.
2. Council may, in the case of existing unsightly development, order the owner or occupier
to provide adequate and suitable landscaping or screening; and for this purpose may
require the submission of an application giving details of the landscaping or screening,
and these Regulations shall then apply to that application. The provision of adequate
and suitable landscaping or screening may be made a condition of any development
permit where, in the opinion of Council, the landscaping or screening is desirable to
preserve amenity or to protect the environment.
4.1 o
Lot Area
1. No lot shall be reduced in area, either by the conveyance or alienation of any portion
thereof or otherwise, so that any building or structure on such lot shall have a lot
coverage that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is
less than that pennitted by these Regulations for the zone in which such lot is located.
2. Where any part of a lot is required by these Regulations to be reserved as a yard, it shall
continue to be so used regardless of any change in the ownership of the lot or any part
thereof, and shall not be deemed to form part of an adjacent lot for the purpose of
computing the area thereof available for building purposes.
4.11
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already
exist in any residential zone, with insufficient frontage or area to permit the owner or
purchaser of such a lot or lots to comply with the prov:isions of these Regulations, then
these Regulations shall not prevent the issuing of a permit by Council for the erection of
a dwelling thereon, provided that the lot coverage and height are not greater than, and
the yards and floor area are not less than the standards set out in these regulations.
Brigus Development Regulations
General Development Standards 20
0
0
4.12
Lot Frontage
1-Fl4------~E,,,x,..ce'"'"lp,,_.t_.f< .....
or.__a .... cc.es.sory b11ildings...no...new.bnildings shall be..e.rected..unlc;;es~s'-'t.ubc..e ..u.IOJ.~t~OwllwW<¥Jbwi"""cbu.-...---------
IJ
it is situated fronts directly onto a street which has been constructed to standards
established by Council.
0
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0
4.13
Municipal Public Works and Utilities
Council shall ensure that municipal and public utility works such as telephone, water
treatment, pollution control and electric utility facilities are constructed so that no
adverse effect on adjacent land uses is created. In this regard, the size and appearance of
such works shall be in keeping with adjacent uses and buffering. in the form of
landscaped areas between any such works and adjacent uses is required.
4.14
Non-Conforming Uses
Applications involving non-conforming uses shall be processed in accordance with
Section 108 of the Urban and Rural Planning Act and Sections 3.31-3.33 of these
Regulations. If a non-conforming uses ceases to exist for a period of more than 12
months, new uses for the property and any buildings must conform to the requirements
of the land use zone in which it is located.
4.1s
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing
or promoting fires or other hazards or which may emit noxious, offensive or dangerous
fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or
create any nuisance that has an unpleasant effect on the senses unless its use is
authorized by Council and any other authority having jurisdiction.
4.16
Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zone provided that such parks and
playgrounds are not located in areas which may be hazardous to their use and are not
operated for commercial purposes.
4.17
Side Yards
Side yards shall be kept clear of obstruction and shall be provided on the exposed sides
of every building in order to provide access for the maintenance of that building.
4.18
Soils and Drainage
Development shall only be permitted on lands having soil and drainage conditions that
are suitable to permit the proper siting and development of the proposed uses.
4.19
Soil Removal, Deposit and Site Grading
1. Removal or placement of soil or other material, or alteration to the natural grade or
drainage of a property which adversely affects a watercourse or adjacent property shall
not be permitted.
2.
Alteration of hillsides with slopes greater than 30% through the deposition of fill or by
excavation, whether for the purposes of creating land suitable for development or not,
regardless of land use zone, shall be prohibited.
3. Where not part of an approved development, any land disturbance involving the
removal, deposition or grading on a property affecting more than 25 square meters in
area shall require application, review and approval by the Town and show the full
Brigus Development Regulations
General Development Standards 21
extent of disturbance that isi11tended. Council may require a developer to assess
geotechnical aspects, visualmd environmental impacts, as well as impacts on adjoining..._ ________ --1
properties; and
4. Where alterations to the landscape are approved, financial guarantees may be required
to ensure adequate site rehal>ilitation and/or landscaping.
4.20
Storage and Screenilig of Refuse Containers
Refuse containers used for the collection or storage wastes from a commercial use shall
be screened by fence or similar structure.
4.21
Watercourse Protecti1>n
1. No development shall be permitted within 15 metres of the high water mark any body
of water or wetland withou tapproval from the Department of Environment and
Conservation and, if fish ha llitat is affected, from Fisheries and Oceans, Canada. Council
may require larger buffer areas around watercourses where identified flood plains,
steep slopes or unstable soilconditions (for example) could result in damage to
watercourses and wildlife h abitat as a result of development. For the purposes of
assessing applications in area.s known to be at risk of flooding, the high water mark is
considered to be the 1:100 :year flood level.
2. Council shall require that w ater crossings, bridges, culverts, stream diversions and
stormwater management dev-ices, are planned, designed and constructed so as to
ensure that fish habitat and passage is preserved, protected, and where possible,
enhanced.
3. Filling in or alterations of w etlands shall be prohibited.
4.22
Water Pressures/FireFlows
Development may be refused where water pressures and fire flows cannot be
guaranteed.
Brig us Development Regulations
General Development Standards 22
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5
5.1
5.2
5.3
Off-Street Parking and Loading
Parking Required
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 parking of vehicles
associated with that building, structure or use.
Parking Spaces
The number of parking spaces to be provided for any building, structure, use or
occupancy shall conform to the standards set out in table below, notwithstanding
Regulation 10.9. Parking requirements for uses not specifically listed below shall be
decided at the discretion of Council.
Residential Land Uses
Parking Requirement
Single detached, double dwelling, row dwetllng
1.0 spaces per unit
Apartment dwelllng
1.0 spaces per unit
Commercial resldentlal
1.0 spaces per guest room
Home Based Occupation
without retail
1.0spaces
with retail
2.0spaces
Rest/Retirement Home
2.0 spaces + O.S spaces per resident
Commercial Uses
Parking Requirement
Chlld care
1.0 spaces per 40 m2 of floor area
Restaurant
1.0 spaces per 10 m2 of floor area
Shopping centre
1.0 spaces per 15 m2 of floor area
Industrial Uses
Parking Requirement
Light, general and hazardous Industry
0.5 spaces per employee
Service Station
1.0 spaces per 20 m2 of floor area
General and Public Uses
ParkinR, Requirement
Places of assembly, Place of
worship, Theatre
with seating
1.0 spaces per 5 seats
without seating
1.0 spaces per 10 m2 of assembly area
Cultural and Civic
1.0 spaces per 20 m2 of floor area
Educational
0.5 spaces per teaching staff
Medical and public care facilities
1.0 spaces per 4 patients
Parking Area Design Standards
Parking areas or parking lots associated with a development requiring more than four
parking spaces will meet the following standards:
a) Individual parking spaces will be a minimum of 15 m2 in size, accessible without
the need to move other vehicles to access the space;
b) The parking area shall be constructed with a stable surface;
c) No part of any off-street parking area shall be closer than 1.5 m to the front lot
line in any zone;
Brigus Development Regulations
Off·Street Parking and Loading 23
d) Where, in the opinion of Council, strict application of the above parking
requirements is impractical or undesirable, Council may, as a condition of a
permit, require the developer to pay a service levy in accordance with these
Regulations in lieu of the provision of a parking area, and the full amount of the
levy charged shall be used by Council for the provision and upkeep of alternative
parking facilities within the general vicinity of the development;
e) Parking standards to accommodate persons with disabilities shall meet the
requirement of the Buildings Accessibility Act and Regulations;
f)
Landscaping shall be provided on 5% of the parking area for lots less than 1,400
m2 in size, and 7.5% of the parking area for lots greater than 1,400 m2.
5.4
Parking Access Specifications
Off-street parking areas must conform to the following requirements:
a) Each parking area, elCcept in the case of one or two-family dwellings, shall be
made accessible by means of a hard surfaced right-of-way at least 3 m in width.
Where associated with a residential dwelJing, parking shall be provided on the
same lot as the dwelling.
b) Parking areas shall, except in the case of single or attached residential dwellings,
be arranged so that it is not necessary for any vehicle to reverse onto or from a
street.
s.s
Pick-up and Drop-off
5.6
1.
Adequate off-street provision 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 use classes.
Off-Street Loading Requirements
For every building, structure or use to be erected, enlarged or established requiring the
shipping, loading or unloading of 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 Council.
3. The loading facilities required by this Regulation shall be arranged so that vehicles can
move clear of any street and so that it is not necessary for any vehicle to reverse onto or
from a street.
Srigus Development Regulations
Off-Street Parking and Loading 24
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6
6.1
6.2
6.3
6.4
6.5
6.6
6.7
Signs
Permit Required
Subject to provisions of Regulation 6.14, no sign shall be erected or displayed in the
Planning Area unless a permit for the sign is first obtained from Council.
Provincial Highway Sign Regulations
All signs or advertisements to be erected within the boundaries of the Town of Brigus
must be approved in accordance with these Regulations. Where provisions of the Town
of Brigus Development Regulations are inconsistent with the regulations respecting
advertising signs on or near public highways made or administered by provincial
departments under the Provincial Highway Sign Regulations, the more restrictive
regulations shall apply.
Form of Application
Application for a permit to erect or display a sign shall be made to Council in accordance
with Regulation 3.1.
Signs Prohibited in Street Reservation
Unless otherwise permitted by these or other regulations (Highway Sign Regulations,
Provincial Highway signs for example) no sign shall be permitted to be erected or
displayed within, on or over any highway or street reservation.
Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of a sign shall be
for a period not exceeding two years, but may be renewed at the discretion of Council
for similar periods.
Removal of Signs
Notwithstanding the provisions of these Regulations, Council may require the removal
of any sign which, in its opinion, is:
a) Hazardous to road traffic by reason of its siting, colour, illumination, or
structural condition, or;
b) Detrimental to the amenities of the surrounding area.
Signs Exempt from Control
The following signs may be erected or displayed in the Planning Area without
application to the Council:
a) On a dwelling or within the courtyard of a dwelling. one nameplate not
exceeding 0.2 m2 in area;
b) On an agricultural holding or farm, a notice board not exceeding 1 mz in area
and relating to the operations being conducted on the land;
c) On any site occupied by a church, school, library, art gallery, museum, institution
or cemetery, one notice board not exceeding 1 m2 in area;
d) The name of the building or the name of the occupants of the building. located
on the principal facade of any commercial, industrial or public building. in
letters not exceeding one tenth of the height of that facade or 3m, whichever is
the lesser;
Brigus Development Regulations
Signs 25
e) On any parking lot, directional signs and one sign not exceeding 1m2 in size,
identifying the parking lot.
f)
Real estate sales, leasing or open house signs up to a maximum area of 1m2;
g) Signs placed by candidates at municipal, provincial, or federal elections;
h) Signs for temporary local events such as festivals, from one month before the
event and to be removed within one week of its conclusion;
i) Temporary signs on construction sites warning of danger and or outlining the
nature of the development up to a maximum area of 7.Sm2.
6.8
Approval Subject to Conditions
A permit may only be issued for the erection or display of signs which comply with the
appropriate conditions and specifications set out in the following regulations and the
Use Zones in Section 9 of these Regulations.
6.9
Non-Conforming Uses
Signs associated with non- conforming uses will be subject to the conditions and
standards for signs in the use zone in which the non-confonning use us located.
6.10
Prohibited Signs
6.11
1.
The following sign types will not be permitted:
a) Billboards
b) Roof Mounted Signs
c) Inflatable or Balloon Signs
d) Signs with Flashing Lights or Moving Parts
e) Any signs not listed in Regulation 6.13.
General Standards for Signs
All signs must be located on the property where the person/activity /business being
advertised is located unless otherwise permitted in these Regulations.
2. Signs in all zones must be maintained in good condition (e.g. no peeling paint, rotting
wood, etc.) and not present a safety hazard in terms of structural stability.
3. No sign shall obstruct a means of ingress/egress from a door, window or fire escape.
4. Signs shall be professionally prepared and comply with standards as may be prescribed
by Council.
5. The maximum number of signs a commercial use may have is 2 signs, regardless of the
number of buildings on the lot associated with that business.
6. The maximum number of signs a home occupation use may have is 1 sign.
7. All double faced signs shall count as a single sign.
8. Off-site directional signs shall only be permitted where they are part of a sign kiosk
constructed and managed by the Town.
9. Illumination of signs must be indirect or external by low-intensity lamps which are not
visible from the street
s.12
Standards for Signs in the Historic Townscape Area
ln addition to the standards found in Regulation 6.11, signs in the Historic Townscape
Area are subject to following additional requirements:
a) Signs are restricted to the identification of the-use or name of the business
taking place on-site.
b) Signs must match the aesthetic quality of the building to which it relates and the
surrounding environment.
c) Signs must be painted.
Srigus Development Regulations
Signs 26
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d) Electronic signs, portable signs and third party signs are prohibited.
Sign Specifications
The following table outline the specifications that shall apply to commercial signs where
they are permitted in a use zone. At the discretion of Council the conditions and
dimensions in the following table may be reduced.
1. Flush Mounted Signs
RM,RUR
3 m x0.75 m
HT
0.5 m2
-
Signs shall not project more than 23 cm from the wall on which it is
located.
2. Hanging and Projecting Signs
RM, RUA
1 m2 (per sjde)
HT
0.5 m2 (per side)
-
Sign shall not project beyond the public sidewalk onto the portion of the public right·
of-way traveled upon by motorized vehicles.
-
Sign shall not project above the eaves, parapet or roofline of a building.
-
Not permitted to swing freely without the installation of a suitable catch chain or other
control device.
3. Ground Signs
RM, RUA
7.5 m2 (per side)
HT
1 m2 (per side)
-
Sign must be entirely located within the property boundaries of the business or
enterprise.
4. Awning/Canopy Signs
RM, RUR, HT
3m x0.75m
-
The canopy shall be self-supporting and shall not have supports that rest upon the
sidewalk or public right-of-way.
5. Temporary/Portable Signs
RM,RUR
0.5 m2 (per side)
HT
Not permitted
-
Signs shall not be illuminated.
-
Only one sign shaH be permitted adjacent to a commercial use during regular business
hours and that does not interfere with pedestrian and vehicular traffic.
Brigus Development Regulations
0
Signs 27
1
Subdivision of Land
1.1
Permit Required
No land in the Planning Area shall be subdivided unless an approval for the
development of the subdivision is first obtained from Council.
1.2
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to Council have been made in the application for a supply of drinking water,
a properly designed sewage disposal system, and a properly designed storm drainage
system.
7.3
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 Council for connection to services, utilities
and streets deemed necessary for the proper development of the subdivision, and all
service levies and other charges imposed under Regulations 3.17 and 3.18.
7.4
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of Council, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, Council shall,
without limiting the generality of the foregoing, consider:
a) the location of the land;
b) the availability of, and the demand created for, schools, services and utilities;
c) the provisions of the 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;
j) prevailing winds;
k) visual quality;
I) community facilities;
m) energy conservation; and
n) other matters as may affect the proposed development
1.s
Proposals for Subdivision of Land
Proposals for the subdivision of lands for residential, commercial and industrial
development shall be required to provide information on:
a) The physical features of the site, including development opportunities and
constraints, the location of mature stands of vegetation, including any vegetation
to be retained.
b) The layout of proposed lots and streets.
c) How the proposed subdivision relates to existing development and roads on
adjacent lands, and provide for future access to undeveloped lands in the area.
d) The compatibility between the subdivision and surrounding land uses, both
existing and future.
e) The volume and type of traffic that will be generated by the development.
Brigus Development Regulations
Subdivision o1 Land 28
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f) Proposed servicing, including water and sewer, storm water management, and
utilities from the main street and not from other COl.ill~S on tM.!QJ...._ _ _ ____ ___ ___ _
g) In residential subdivisions, the locations of neighbourhood mail receptacles.
h) A landscaping plan which shows the location of dedicated open space and
plantings.
7.6
Form of Application
Application for a permit to develop a subdivision shall be made to Council in accordance
with Regulation 3.6.
7.7
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Land Use Zoning Maps.
7.8
Building Lines
Council may establish building lines for any subdivision street and require any new
building to be located on such building lines.
7.9
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, Council
shall determine the percentage of land to be dedicated;
b) If, in the opinion of Council, no public open space is required, the land may be
used for such other public use as Council may determine;
c) The location and suitability of any land dedicated under the provisions of this
Regulation shall be subject to the approval of the Council, but in any case,
Council shaH not accept land which, in its opinion, is incapable of development
for any purpose;
d) Council may accept from the developer, in lieu of such area or areas of land, the
payment of a sum of money equal to the value of the land which would
otherwise be required to be dedicated;
e) Money received by Council in accordance with Regulation 7.9(1d) shall be
reserved by Council 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 Council for the purposes of any development
that conforms with the requirements of these Regulations, and the proceeds of any sale
or other disposition of land shall be applied against the cost of acquisition or
development of any other land for the purposes of public open space or other public
purposes.
3. Council may require a strip of land to be reserved and remain undeveloped along the
banks of any river, brook or pond, and this land may, at the discretion of Council,
constitute the requirement ofland for public use under Regulation 7.9(1).
Brigus Development Regulations
Subdivision of Land 29
1.10
Structure in Street Reservation
_____ __,,. h.e...placing..wlthi n any street .reser.'lation__af_a.ey_s.tJ:W::tw:e...ar...landscapi ng .fur...example._ . ..__ ______ --il
hydro pole, telegraph or telephone pole, fire hydrant, mail box, sign post or planting of
~
street trees) shall receive the prior approval of Council which shall be satisfied on the
question of safe construction and relationship to the adjoining buildings and other
structures within the street reservation.
1.11
Development Agreement
As a condition of approval for new developments, Council shall require a developer to
enter into an agreement with the Municipality. Such agreements will be negotiated
between the developer and the Municipality for financing and development of services
provided to the site. The agreement shall include specifications for water and sewer
infrastructure, storm drainage, streets, sidewalks, open space, as well as school bus
stops and neighbourhood mailboxes, where required.
1.12
Subdivision Design Standards
No permit shall be issued for the development of a subdivision unless the design of the
subdivision conforms to the following standards;
a) The finished grade of streets shall not exceed 10 percent
b) New subdivisions shall have street connections with an existing street or streets.
c) All street intersections shall be constructed within 52 of a right angle and this
alignment shall be maintained for 30 m from the intersection.
d) No street intersection shall be closer than 60 m to any other street intersection.
e) No more than four streets shall join at any street intersection.
f)
No residential street block shall be longer than 490 m between street
intersections.
g) Streets in residential subdivisions shall be designed in accordance with the
approved standards of Council, but in the absence of such standards, shall
conform to the following minimum standards:
L---7m
--
1.6
---------20m
·---···-- 15m - -- --- -
CoJlector Street
Street Right-of-Way:
Street Width:
Minimum Sidewalk Width:
Number of Sidewalks:
20 metres
9 metres
1.5 metres
2
Local Street
Street Right-of-Way:
Street Width:
Minimum Sidewalk Width:
Number of Sidewalks:
15 metres
7 metres
1.5 metres
1
h) Residential lots shall not be permitted which abut a local street at both front and
rear lot lines.
Brigus Development Regulations
Subdivision of Land 30
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i)
Council may require any existing natural, historical or architectural feature or
art thereof to be retained when a subdivisio ·
evel~.i.......----------------
j) Land shall not be subdivided in such a manner as to prejudice the development
of adjoining land.
7.13
Cul de Sacs
7.14
1.
Cul de sacs will generally be discouraged. Where permitted the following design
standards are required:
a) A turning circle of a diameter not less than 30 m.
b) The maximum length of any cul de sac shall be;
i.
110 m (without emergency vehicle access)
ii.
230 m (with emergency vehicle access)
c) Emergency vehicle access to a cul de sac shall be not less than 3 m wide and
shall connect the head of the cul de sac with an adjacent street
Engineer to Design Works and Certify Construction Layout
Plans and specification for all water mains, hydrants, sanitary sewers, storm sewers and
all appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all
other utilities deemed necessary by Council to service the area proposed to be
developed or subdivided shall be designed and prepared by or approved by the
Engineer. Such designs and specifications shall, upon approval by Council, be
incorporated in the plan of subdivision.
2. Upon approval by Council of the proposed subdivision, the Engineer shall certify all
work of construction layout preliminary to the construction of the works and thereupon
the developer shall proceed to the construction and installation, at his or her own cost
and in accordance with the approved designs and specifications and the construction
layout certified by the Engineer, of all such water mains, hydrants, sanitary sewers and
all appurtenances and of all such streets and other works deemed necessary by Council
to service the said area.
1.1s
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and
paving specified by Council may be deferred until a later stage of the work on the
development. Prior to approval, the developer shall deposit with Council, an amount
estimated by the Engineer as sufficient to cover construction and installation costs. In
the later stage of the work of development, Council shall call for tenders for
construction and installation of the works, and the amount so deposited by the
developer shall be applied towards payment of the contract cost If the contract cost
exceeds the deposit, the developer shall pay to Council the amount of the excess. If the
contract price is less than the deposit, Council shall refund the amount by which the
deposit exceeds the contract price. Any amount so deposited with Council by the
developer shall be placed in a separate savings account in a bank and all interest earned
shall be credited to the developer.
Brigus Development Regulations
Subdivision of Land 31
7.16
Transfer of Streets a.--id Utilities to the Town
----.....il--¥W~hec:..ir-c:e:-.1r-i;:e~q~mu.·r.ced.ey the terrrw- mf a S11hdivis!on Development Agreement. the developer
shall, following the approva -TI af the subdivision of land and upon request of Council,
transfer to the Town, at no c::ost 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 desig ir rnted by Council for public uses as streets, or rights-of-way,
or for other public t..L: st;
b) All services or publ i 10C1Vorks including streets, water supply and distribution and
sanitary and storm c ::fainage systems installed in the subdivision that are
normally owned an c±ioperated by Council.
2. Before Council shall accept t:tte transfer of lands, services or public works of any
subdivision, the Engineer sl:loa\l, at the cost to the developer, test the streets, services and
public works installed in th ~ subdivision and certify his or her satisfaction with their
installation.
3. Council shall not provide rn -=a:ntenance for any street, service or public work In any
subdivision until such time :.oas such street, service or public work has been transferred
to and accepted by Council.
1.11
Restriction on Sale o -tfLots
The developer shall not dev--- e!op or dispose of any lot within a subdivision for the
purposes of development a 1r.1d no building permit shall be issued until Council is
satisfied that:
a) The lot can be serve - dwith satisfactory water supply and sewage disposal
systems, and;
b) Satisfactory access t: :oa street is provided for the lots.
Brigus Development Regulatfons
Subdivision of Land 32
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8.2
8.3
8.4
Special Developments
Bed and Breakfast Establishments
A Bed and Breakfast establishment in a single residential dwelling, where permitted,
shall be subject to the following conditions:
a) The nature and scale of the proposed use is consistent with the adjoining
development and the use does not detract from the residential character of the
neighbourhood.
b) A parking area abutting a residential lot shall be appropriately screened by a
fence, wall, or hedge of height not less than 1 m and located a minimum distance
of 1 m from the edge of the parking area.
c) A single, non-illuminated, free-standing sign, not exceeding 0.4 mz in area, shall
be permitted, provided that the design of the sign is consistent with the
residential character and amenity of the area.
d) That the use is approved and licensed under the Tourist Establishment
Regulations, 1996, of the Provincial Department of Tourism, Culture and
Recreation.
General Industry
Where land fronts on the marine shoreline, general industrial uses shall be limited to
marine-related uses. In other areas where the land is zoned Rural, general industrial
uses shall be restricted to the maintenance and repair of equipment, processing and
storage related to agriculture, forestry or mineral working uses which;
a) Do not require municipal services
b) Are extensive users of land for open storage and handling of materials, goods
and equipment
c) Would create nuisances iflocated in an urban area because of appearance, noise,
heavy truck traffic, or other features of the operations.
d) No wholesale or retail sales activities shall be permitted.
Home Childcare
Childcare as a home occupation shall conform to the requirements of the Child Care
Services Act and Regulations. Where required, a license to operate shall be obtained
from the Department of Health and Community Services.
Home Occupation
The following conditions shall apply to the use of a dwelling for a home occupation:
a) The residence is occupied by the operator of the home occupation;
b) The use is clearly subsidiary to the residential use, does not alter the residential
character of the property, and does not detract from the residential character of
the neighbourhood. The external appearance of the dwelling shall not be
changed by the home occupation;
c) There are no more than two assistant employees employed on site in addition to
a resident of the dwelling;
d) Not more than 25 percent of the total floor area of the dwelling to a maximum of
45 mz is devoted to the home occupation;
e) One off-street parking space, other than that required for the dwelling, is
provided for every 18.5 m2 of floor space occupied by the home occupation;
f)
No wholesale, outdoor storage of goods or equipment is carried out, any retail
sales are incidental and subsidiary to the approved use;
Brigus Development Regulations
Special Developments 33
8.5
8.6
1.
2.
3.
4.
5.
6.
g) A single, non-illuminated, free-standing sign, not exceeding 0.4m2 ( 4ft2) in area,
shall be permitted. provided that the design of the sign is c:....:o..c.:n--=-s.:...:is--te.:...:n.:...;t __ w_ic_;.th'--'-th--=-e'--------------~
residential character and amenity of the area;
h) No change shall be made in the type, class, or extent of the occupation without a
permit;
i) The use shall not generate traffic, parking, sewage or water use in excess of what
is nonnal in the residential area;
j) No regular parking of commercial vehicles or trailers except for one vehicle with
a gross weight of no greater than one tonne will be permitted;
k) The residential lot has sufficient area to accommodate the parking requirement
of the dwelling unitand the home occupation.
Home Occupation Uses in Accessory Buildings
In addition to the requirements set out in Regulation 4.3, a home occupation where
permitted in a residential accessory building shall:
a) Be located on the same lot as the residential use;
b) The business shall be owned and operated by the occupants of the dwelling;
c) No repairs to vehides or heavy equipment are carried out:
d) Activities associated with the use are carried on inside the accessory building,
are not hazardous and do not cause a noticeable increase in noise, odour, dust or
fumes, nor cause electrical interference, or in any other way result in a nuisance
to the occupants of surrounding residences.
Livestock Structures and Use
Agriculture operations including structures designed to contain more than five animal
units shaH comply with the following conditions:
The structure shall be at least 600 m from established residential areas;
Be designed and operated to contain animal wastes and minimize odours according to
established best farm management practices
Livestock structures shall be at least 60 m from the boundary of the property on which
it is to be erected; and
The structure shall be at least 90 m from the centre line of a street.
The proposed development is referred to and approved by the Government Service
Centre, Service NL.
8.7
Mineral Exploration
Mineral exploration activities shall meet the following conditions:
a) The planned activities do not cause undue noise, significant ground disturbance
or risks to the safety ofresidents of Brigus;
b) A plan to consult with and inform residents of the activity is submitted and
approved by Council;
c) All permits and approvals from federal and provincial agencies including the
Department of Mines and Energy have been obtained;
d) A site rehabilitation plan is submitted and approved by Council for exploration
activities which require trenching and/or the creation of cutlines through
wooded areas, or other forms of ground disturbance; and
e) A refundable cash deposit of $1000.00 has been made to Council which shall be
returned when the rehabilitation work has been completed in accordance with
the development permit and to the satisfaction of Council.
Brigus Development Regulations
Special Developments 34
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Mineral Workings
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following conditions:
a) No mineral working shall be in general view of urban development or scenic
areas.
b) Mineral workings must conform with the minimum distances from other
development as set out below, unless after consulting appropriate government
departments, Council is satisfied that the use will not create a nuisance and will
not adversely affect the amenity of the specified development or natural feature:
Adjacent land use
Minimum Buffer
Any other developed area or area likely to be developed during the
life of the pit or quarry working
300m
Public street or highway
50m
Waterbody or watercourse
30m
c) Explosive blasting related to aggregate extraction activities shall not be
permitted within 1,000 metres of an area in which residential development is
permitted.
d) A mineral working shall not be visible from a public street or highway,
developed area, or area likely to be developed during the life of the working.
e) Council may require the mineral working site or excavated areas of a pit or
quarry to be enclosed by a fence designed and constructed to its specifications
and no less than 1.8m in height
f)
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any waterbody or watercourse. Any access road to
a pit and 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.
g) No mineral working shall be carried out in a manner so as to cause erosion of
adjacent land.
h) The mineral worldng shall be kept clean or refuse, abandoned equipment and
any derelict buildings.
i) During extended periods of shutdown, access roads to a mineral working shall
be ditched or barred to the satisfaction of Council.
Scrap Yard
A scrap yard shall not interfere with permitted and discretionary resource based use
classes or be detrimental to the environment.
2. Any outdoor storage and buildings associated with a scrap yard shall not be visible from
the public road. Council may require screening in the form of fencing, landscaping,
berms and tree screens to achieve this.
3. Council shall require the necessary government approvals have been issued and shall
refer an application of comment to the Department of Environment for the purpose of
environmental protection guidance before the issuance of a development permit
4. Where natural topography creates a visual screen between a scrap yard or solid waste
storage or disposal site and adjacent public highways and streets or other land uses,
additional screening may not be required.
Brlgus Development Regulations
Special Developments 35
5. Where effective screening for any scrap yard or solid waste disposal or storage use
cannot be installed or located as required in (1) - (3) above, or where the site is hi hly
s.10
Service Stations
Automobile service stations and garages shall conform to the following conditions:
a) All gasoline pumps sh.all be located on pump islands designed for such purpose,
and to which automobiles may gain access from either side;
b) Pump islands shall be set back at least 4 metres from the front lot line.
c) A canopy for sheltering pump islands may be erected provided that no part of
the canopy is located within 3m of the street or lot line.
d) Access points shall be at least 7 metres wide and shall be clearly marked.
e) Where a service station is located on a corner lot, the centre line of any access
shall be at least 15 metres from the center line of the junction. The lot line
between entrances shall be clearly indicated.
Brigus Development Regulations
Special Developments 36
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9.1
Use Zones
Use Zones
1. For the purpose of these Regulations, the Planning Area is divided into Use Zones which
are shown on the Brigus Land Use Zoning Map attached to and forming part of these
Regulations as follows:
Historic Townscape
HT
Residential Mixed
RM
Rural
RUA
Conservation
CON
Protected Public Water Sup ply
PPWS
2. Subject to Regulation 9.1(1), the permitted and discretionary uses, standards,
requirements and conditions applicable to each Use Zone are set out in Section 9.5 to
9.9 of these Regulations.
3. Where standards, requirements and conditions applicable in a Use Zone are not set out
in Sections 9.5 to 9.9, Council may in its discretion, determine the standards,
requirements and conditions which shall apply.
9.2
Permitted Uses
Subject to these Regulations, the uses that fall within the permitted Use Classes set out
in the Use Zones in Sections 9.5 to 9.9 shall be permitted by Council in that Use Zone.
9.3
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set
out in the appropriate Use Zone in Sections 9.5 to 9.9 may be permitted in that Use Zone
if the Council is satisfied that the development would not be contrary to the general
intent and purpose of these Regulations, the Municipal Plan, or any further scheme or
plan or regulation pursuant thereto, and to the public interest, and if Council has given
notice of the application in accordance wlth Section 3.13 and has considered any
objections or representations which may have been received on the matter.
9.4
Prohibited Uses
Uses that do not fall within the Permitted or Discretionary Use or Use Class, or are
specifically listed as a Prohibited Use in a Use Zone in Sections 9.5 to 9.9, shall not be
permitted in that Use Zone.
Brigus Development Regulations
Use Zones 37
9.s
Historic Townscape (HT}
9.s.1
Permitted Uses
Single dwelling
Double dwelling
Parks and playgrounds
Conservation
9.s.2
Discretionary Uses
Row dwelling
Apartment dweUlng
Boarding House
Commercial Residential (inns, hotels)
Rest/Retirement Home
Cultural and Civlc (town offices, Ubraries, museums, art galleries)
Educational
Place of Worship
Club and Lodge
Place of Worship
Publlc (schools)
Antenna (communications)
Child Care
Outdoor market
Theatre
Museum
Community Centre
Catering (restaurants, bars, lounges)
Office
Medical and Professional
Personal Service
General Service
Shop
Convenience Store
Light Industry
Fish Plant
Transportation (docks, harbours, marinas)
Utilities
9.s.a
Prohibited Uses
Mobile homes.
Brigus Development Regulations
Historic Townscape (HT) 38
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9.5.4
Lot Requirements
Minim-1m lot frontage
10m
Minimum front yard
3 m or consistent with buildings on
adjoining lots whichever is less
Minimum side yard
1.5m
Minimum flanking yard
3m
Minimum rear yard
7.5 m
Maximum lot coverage
33%
Maximum building height
11 m (2 - 3 storeys}
9.6.5
Building Scale, Proportion and Size
In general, buildings should be 2 or 3 storey structures with buildings on a lot of similar
size as those buildings (main building and accessory buildings) on adjoining lots.
Acceptable house styles for new homes on infill lots is included in Appendix B: Brigus
Housing Prototypes.
Architectural Design Requirements
9.5.6
1. A development permit will only be issued for any new structures, alterations or addition
to a building in the Historic Townscape Area that conform to the architectural design
elements of this use zone and which are consistent with the historic architectural style
ofBrigus.
2. Buildings that do not conform to one of the architectural styles established in this use
zone may be permitted where it can be demonstrated that the proposed architectural
style matches two or more existing historic buildings in the Historic Townscape Area.
9.5.7
Roof Form
1. The direction, pitch, material, architectural style and
arrangement of roofs must be compatible with existing roof
types in the Historic Townscape Area.
a) Roofs with a pitch less that 2/12 or with a slope less than
2% are not permitted in the Historic Townscape Area.
2. The original appearance of a roof must be retained. Repairs
or alterations must match the colour, size, shape, texture and
material of the original structure as closely as possible.
3. Roofs may only be altered if it can be proven that the
alteration is undertaken to restore the roof to its original
form.
4. The roof should not be stripped of architectural features
important to its character, such as dormer windows,
cornices, brackets, chimneys, and gutters unless it can be
proven that the removal or alteration will restore the roof to
its original state.
5. Expansions, extensions or additions to existing structures
must retain the colour, size, shape, texture and material of
the original structure.
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Brigus Development Regulations
Historic Townscape (HT} 39
9.s.s
Windows
1.
All windows must be vertically oriented single or doubl~-----~---------,-=1--------t
hung windows, with the exception of ornamental and
transom windows.
a) All windows should be traditional wood frame
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storm windows, although contemporary
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materials maybe used if they can match the
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metal storm windows are used, they should be
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painted, anodized, or coated to appear similar to
traditional wooden windows.
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2. Window openings on existing buildings must be retained,
_
providing they conform to the proportions of openings
prescribed in the previous clause.
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3. Original windows and architectural features must be
retained or, when deteriorated beyond repair, replaced with
i
duplicates of the original. If duplicates are unavailable,
replaced elements must match the original elements as
closely as possible.
4. New windows must match the proportions and style of
existing windows.
5. Awnings, hoods windows are not permitted.
9.5.9
Doors
1. All doors should be traditional wood frame storm doors,
although contemporary materials may be used if they can
match the appearance traditional doors. For example, if
metal storm doors are used, they should be painted,
anodized, or coated to appear similar to traditional wooden
doors.
2. Door openings on existing buildings must be retained.
3. Original doors and architectural features should be retained
or, when deteriorated beyond repair, replaced with
duplicates of the original. If duplicates are unavailable,
replaced elements should match the original elements as
closely as possible.
4. New doors must match the proportions and style of existing
doors.
5. The primary entrance must be located on the front fa~ade.
Additional entrances are permitted on the rear and side
fa~ades only.
a) On corner Jots, entrances are prohibited on the
flanking yard (see figure at right).
Brigus Development Regulations
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s.s.10 Trim
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. ~II s.tnu:1u.reSJnJ:he Historic Townscape Area must be
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trimmed in a manner than is consistent with the trim of the
original structure
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2. All trim, including window and door trim, corner boards,
frieze boards, and skirt boards, must be at least 150 mm (6
inches) wide and no greater than 274 mm (9 inches) wide.
3. All structures must have window and door trim, and corner
boards
4. All structures should have traditional wooden trim, although
contemporary materials may be used if they are compatible
with the original appearance of materials and detailing of the
building and with surrounding structures and environment.
5. Expansions or alterations to existing structures must include
trim that matches the dimensions and style of the original
structure.
e.s.11 Cladding
1. All structures must retain the material and style of cladding
of the original structure.
2. Exterior cladding must be 100-102 mm ( 4 inches) width
traditional wooden clapboard, although contemporary
materials may be permitted if they are compatible with the
original appearance of materials and detailing of the building
and with surrounding structures and environment.
3. All cladding must be aligned horizontally.
4. The exterior colour of cladding must be uniform in colour
and acceptable in terms of the area's historic quality (visit
http: I /www.heritagefoundation.ca/docs /historic paint.pdf
for acceptable colours).
5. If the original exterior of a building is brick or stone, the
original material must be retained.
6. Expansions or alterations to existing structures must include
cladding that matches the dimensions and style of the
original structure.
9.s.12 Dormers and Skylights
1. Dormers can be added to an existing structure providing they
are consistent with the architectural style of existing donners
in the Historic Townscape Area.
2. Skylights are only permitted in the Historic Townscape Area if
they are located on the side of the roof that is not visible from
the street
Brigus Development Regulations
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9.5.13 Porches and Decks
1
Porches ar.e...pttmiltedmLSlr:u.ctllres providing th..e~~~--l~?:~~~§;~~;p9t~~Ht----1
consistent with the architectural style of existing porches in
the Historic Townscape Area.
2. Whenever possible, porches should resemble the traditional
"Brigus Porch", as identified in the illustration on the right
9.5.14 Fences
1. Fences along the front and flanking yard must be constructed
in the traditional style of vertical paling wood pickets or dry
stone.
2. No part of a fence shall be closer than 1.5 m to the front and
flanking lot lines.
3. The maximum height of fencing along front and flanking
yards is 1.2 m.
4. The maximum height of fencing along rear and side yards is
1.8m.
5. Fencing materials other than vertical wood pickets may be
used only where;
a) the fence or wan is used on a rear lot boundary or side
yard boundary,
b) it is required for the purposes or temporary security
and/or safety, or
c) it is not visible from the street.
9.s.1 s Walls
1. It is prohibited to remove to destroy any traditional stone wall,
or to replace them with pre·cast concrete blocks or other
incompatible materials.
2. Alterations and repairs to traditional stone walls must use the
same materials and techniques to preserve the character and
appearance of the original.
9.5.16 Additions, Renovations and Alterations
\
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1. An existing structure that conforms to the architectural style of the Historic Townscape
Area may be expanded providing the changes are consistent with the architectural style
of the original building.
2. An existing structure that does not conform to the architectural style of the Historic
Townscape Area may be expanded provided the proposed changes bring the structure
into conformance, or more into conformance, and that the addition is consistent with
the architectural style of the original building.
9.5.17 Accessory Buildings
1. Accessory buildings must features cladding, trim, and windows that match the style and
dimensions of cladding, trim, windows and roofs found on the primary structure.
2. Prefabricated, temporary or portable structures such as baby barns with gambrel roof
are not permitted.
Brigus Development Regulations
Historic Townscape (HT) 42
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9.5.18 Parking Requirements
Parking requirements in-the.l!isto+ic Towi:u;cape-AFea-shall be calculatea iH follo-.viag
table:
Land Use
Parking Requirement
Single detached, Double dwelling, Row dwelling
0.5 spaces per unit
Apartment dwelling
1.0 spaces per unit
All other uses
75 percent of parking regulaUons,
as established in Regulatlon 9.2.
Brigus Development Regulations
Historic Townscape {HT) 43
9.s
Residential Mixed (RM)
9.6.1
Permitted Uses
Single dwelling
Double dwelling
Row dwelling
Bed and breakfast
Public and Private Recreational Open Space
Conservation
Cemetery
9.6.2
Discretionary Uses
Collective Residential
Boarding House
Commercial Residential (inns, hotels)
Seasonal Residential
Apartment dwelling
Public and Private Outdoor Recreation
Agriculture
Boarding House
Commercial Residential (Inns, hotels)
Educational
Place of Worship
Passenger Assembly
Funeral Home
Amusement
Indoor Assembly
Outdoor Assembly
Taxi Stand
Indoor Market
Outdoor Market
Animal
Medical and professional
Personal service
General service
Convenience Store
Office
Club and Lodge
Catering (restaurants, bars, lounges)
Take Out Food Service
Veterinary
Shopping Centre
Shop
Brigus Development Regulations
Residential Mixed (AM) 44
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l ight Industry
Antenna
Transportation (docks, wharves)
Utilities
9.6.3
Lot Requirements
Apartment
Standard
Single
Double
Row
1 br
2br
3br
Minimum lot area (m2)
450
250/unlt
250/unit
200
250
280
9m/unlt
Bm per
15m
unit
Minimum lot frontage
15m
Minimum front yard
5m
5m
Sm
Sm
Minimum side yard
1.Sm
1.5m
1.5m
1.Sm
Minimum flanking yard
3m
3m
3m
5m
Minimum rear yard
7.5m
7.5m
7.5m
Sm
Maximum lot coverage
33%
Maximum building height
14m
9.6.4 Minimum Lot Size Requirements for Developments with On-Site
Servicing
Municipal piped water supply and sewage disposal by an
on-site septic system approved by the Government
1400 m2
Service Centre
Well water supply and connection to municipal sewer
1400 m2
Well water supply and sewage disposal by an on-site
septic system approved by the Government Service
1860 m2
Centre
9.&.s
Lot Requirements for Non-Residential Uses
Minimum setback
5 m
Minimum side yard
3m
Minimum flanking yard
3m
Maximum building height
3m
9.6.6
Dwelling Style
4 br
300
Construction of homes In proposed single dwelllng residential subdivisions in the
Residential Mixed Use Zone will be encouraged to be constructed in a style consistent
with the Brigus Housing Prototypes in Appendix B.
9.6.7
Backlot Development
Notwithstanding Regulation 4.12 of these Regulations, the following standards and
conditions shall apply to the development of"back" or "flag" lots:
a) All backlots shall have a permanent and direct access to a public road;
b) No more than three dwellings shall be permitted to share an access and
driveway;
Brigus Development Regulations
Residential Mixed (RM) 45
c) The minimum access width shall be 6 metres.
~~-~~-~~--~T~h~e~r~e~sp~o~n~s~ib~i~li~tyL~~o~r~c~o~n~st~r~u~ct~i o~n~·~c=a~re~a~n~d"--~~~~~~-~-F~~_;;;_--t..~~,..----'
maintenance of the shared access shall be that
of the developer. Where an access is proposed
to be shared, the Authority will require a
signed agreement to be in place among those
sharing the access prior to any approval;
d) Only single dwellings sha!J be permitted to
develop on back or flag lots;
e) Where piped services are available, the
development must be connected to the Town's
piped water and sewer system;
f)
No dwelling shall be located more than 245 metres from a fire hydrant or from a
public street to which it has access;
g) The placement of the dwelling on the lot shall be done in a manner that does not
affect the privacy of adjoining dwellings; and
h) There are no objections to the proposed development from abutting property
owners.
9.6.s
Buffer for Residential Uses
Where a proposed non-residential use abuts a residential use within the Mixed
Development Use Zone, Council may require a screen or barrier such as a fence,
landscaped embanlanent, or trees to be erected on the non-residential site along the lot
lines, consistent with the visibility requirements for traffic safety. Alternatively, Council
may increase the sideyard and rearyard requirements on the non-residential site to
provide additional separation from the abutting residential use.
9.6.9
Outdoor Storage
Open storage of materials, goods and machinery in association with a commercial or
industrial use may be permitted provided the following conditions are met:
a) Open storage shall not occupy more than 50% of the site area and shall not be
located in the front yard or in any required buffer areas.
b) Open storage areas shall be enclosed by a wall or fence not less than 2 min
height constructed of uniform materials approved by Council.
c) Open storage shall be maintained with a stable surface to prevent raising or
movement of dust, clay, mud and loose particles.
9.s.10 Accessory Buildings
In addition to the requirements set out in Regulations 4.2 and 4.3 of these Regulations.
a) An accessory building's design shall be complementary to the residence.
b) An accessory building shall have similar exterior cladding and design as the
residence.
c) An accessory building shall not be placed any closer than 1.5 m from a side yard
line, or 3 m from the main building or any other building.
~) No accessory building shall be higher than the residence, or constructed so as to
block a view and/or light from adjoining properties. The maximum height of any
accessory building shall be 4 m. r ),
(
e) No accessory building shall cover more than 15% of the lot area up to a
maximum of 70 m2 whichever is less.
f) If any accessory building cannot meet the sideyard requirements it may be only
located in a rearyard.
Brigus Development Regulations
Residential Mixed (RM) 46
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9.7
Rural Zone (RUR)
9.7.1
Permitted Uses
Agriculture
Forestry
Conservation
Public Parks
9.7.1
Discretionary Uses
Seasonal Residential
Single Dwelling (subsidiary to a permitted use}
Parks, campgrounds, Recreational Vehicle Parks
Cemetery
Indoor Assembly
Outdoor Assembly
Anlmal
Office (subsidiary to a permitted use or as a home occupaUon)
General Industry
Light Industry
Mineral Working
UtiUties
Antenna
Transportation (docks, harbours)
Brigus Development Regulations
Rural Zone (RUR) 47
s.a
Conservatior1 (CON)
s.s.1
Permitted Uses
Conservation
9.s.1
Discretionary Uses
Walking Trails and board~lks
Interpretive signs
Viewing platforms
Brigus Development Regulations
Conservation (CON) 48
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Protected Public Water Supply (PPWSL. ___ _
9.9.1
Permitted Uses
Conservation
9.9.2
Discretionary Uses
Agriculture
Forestry
Utilities
9.9.3
Discretionary Use Classes
Discretionary uses classes may only take place if, in consultation with the Department of
Environment and Lands, it had been determined that the development will not
adversely affect the quality and quantity of domestic water supply from the Protected
Watershed.
Brigus Development Regulations
Protected Public Water Supply (PPWS} 49
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APPENDIX A
Land Use Zoning Map
Brigus Development Regulations
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APPENDIX B
El Provineial Developme11t Regulatro~ s
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Brigus Development Regulations
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Newfoundland Regulations 3/01 Development Regulations Underthe Urbana11d Rural PlannJ11g Act.
2000.
Published by Authority
NEWPOUNDLAND REGULATION 3/01
Development Rsgulations
under1he
Urban and Rtual l'lanning Ac1, 2000
(Flied January 2. 2001)
Under the authority of section 36 of the Urban and Rural
Planning Acl. 2000, I make the following regulations.
Dated at St. John's, January 2, 2001.
I.
2.
J.
4.
S.
6.
1.
Short tide
Ocrinitlons
Application
I ntcrprctallon
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
a. Ocvelop111Cnt prohibited
9. Hearing nOlicc and meetings
10. Hearing of evidt1tce
II. Board dcci$ion
Notice of right to appeal
12. Variances
Appeal requirements
13.
Noli~ ofvariancc
Appeal rcglslnltion
14. Residential non conrormity
Dd"mlri-
Development Regulations
IS. Notice Md hurill&S on
chlngeoru~
16. Noo-conlbnnl1lcc with
atandll*
17 Disconlinuance of non·
' eortfonnlftg USC
18. Oelcptionofpowers
19 . C~
31()/
1. These regulations may be cited as the Developmenl Regulations.
2. ln these repletions,
(a) "Act", unless the context indicate' otherwise, means the
Urban and Rural Planning Acl, 2000;
(b) "applicant" means a person who has applied to an authority
for an approval or pcnnit to cany out a development;
(c) "authority" means a council, authorized administn.tor or
regional authority; and
(d) "development regulations- means these regulations and
n1gulations and by-laws respecting development that have
been enacted by the relevant authority.
3. (1) These regulations 1hall be included in the development
regulations of an authority and shaU apply to all planning areas.
(2) Where there is a conflict between these regulations and
development regu)ations or other regulations of an authority, these
regulations shill apply.
(3) Where another Act of the province provides a right of appeal
to the board, these ieaulations s~ll apply to thal appeal.
4. (1) In development regulations and other regulations made with
respect to a planning area the following terms shall have the meanings
indicated in this section
(a) "access" means a way used or intended to be used by
vehicles, pedestrians or animals in order to go from a street
to adjacent or nearby land or to go from that land to the
street;
(b) "accessory building" includes
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Development Regulations
JIQJ
(i) a detached subordinate building not used as a dwelling,
localed 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 or the
building or land,
(ii) for residential uses, domestic garages, carports, ramps,
sheds, swimming pools, greenhouses. cotd li'ames, fuel
sheds, vegetables storage cellars, shelters for domestic
pots or ndio and television antennae.
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and
docks;
(c) "accessory use" means a use that Js subsidiary to a pennined
or discretionary use and that is customarily expected to
occur with the permitted or discretionary use;
(d) "building height" means 1ho 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 ofa mansard ~
lllld
(iii) mean height level between the eave and the ridge of a
gable, hip or gambrel roof,
and in any case, a buUdlng height shall not include
mechanical strucwre, smokcstaclcs., steeples and purely
ornamental SIJ'Uctures above a roof;
(e) "building line" means a line established by an authority that
runs parallel to a street line and is set at the closest point to a
street that a building may be placed;
(f) "discretionary use" means a use that is listed within the
discretionary use classes established in the use zone tables of
an authority's development regulations;
(g) "established grade .. means.,
3
Development Rcrgulations
J/01
(i) where used in reference to a building, the average
elevation of lhc finished surface of the ground where it
meets the exterior or the &ont of that building exclusive
of any artificial embankment or entrenchment, or
(ii) where used in Rference to a structure that is not a
building, the average elevation of the finished grade of
the ground inunediately surrounding the structure,
excJuslvc of any artifi<:ial cmb!Uooncnt or entrenchment;
(h) .. floor area- means tho total uca of all floors in a building
measured to the outside face of exterior walls;
(i) "frontage" means the horizontal distance between side lot
lines measured at the building line;
(J) "lotu means a plot, tract or parcel of land which can be
considered as a unit of land for a particular use or building;
(k) "lot area" means the total horizontal area within the lines of
the Jot;
(J) "lot coverage" means the combined area of all building on a
lot me&SUl'lld at the level of the lowest floor above the
established grade and expressed as a percentage of the total
area of the lot,
(m) "non-conforming use" means a )ega]Jy existing use that is
not .listed as a permitted or discretionary use for the use
zone in which it is located or which docs not meet the
development standards for that use mne;
(n) "owner" means a person or an organization of persons
owning or having the legal right to use the land under
consideration;
(o) "pcnnitted use" means a use that is Ustcd within the
pennitted use classes set out in the use zone tables of an
authority -s development regulations;
(p) "prohibited use" rneans a use that is not listed in a use zone
within the pennined use classes or discretionary use classes
4
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tpment Regulations
3101
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or a use that an authority specifies as not pennitted within a
use zone;
(q) "sign" means a word. letter, model. placard, board, device or
representation. whether illuminated or not, in the nature of or
employed wholly or in part for the purpose of advertisement,
announcement or direction and excludes those things
employed. wholly as a memorial, advertisements of loc:aJ
government. utilities and boeniing «similar structures used
for the display of advertisements;
(r) "rear yard depth" means the distance between the rear lot
line and the rear wall of the main building on a lot;
(s) "side yard depth" means the distance between the side Jot
lino and the nearest side wall of a building on the lot;
(t) "street" means a stnet, road,. highway or other way designed
for the passqe of vehicles and pedestrians and which is
accessible by fU"e department and other emergency vehicles;
(u) dstreec line" means tho edge of a street reservation as defined
by the authority having jurisdiction;
(v) "use" means a building or activity situated on a lot or a
development permitted on a lot;
-
(w) "use zone" or "zone" means an area of land including
buildinp and water designated on the zoning map to which
the uses, standards and conditions of a particular use zone
table apply;
(x) "variance" means a departure, to a maximum of 10% ftom
the yard, area, lot coverage. setback, size, height, frontage or
any other numeric requirement of the applicable Use Zone
Table of the authority's regulations; and
(y) "zoning map" means the map or maps attached to and
fonning e pan of the authority's regulations.
(2) An authority may, in its discretion, determine the uses that
may or may not be developed in a use zone and those uses shaU be
5
Dnelopment Regulations
3101
prohibited uses for that area.
5. Where an authority makes a decision that may be appealed
under section 42 of the Act, that authority shall, in writing. at the time
of making chat decision, notify the person to whom the decision applies
of the
(a) peison's right to appeal 1he decision to 1he board~
(b) time by which an appeal is to be made;
(c) ri&h1 of other interested persons 10 appeal the decision; and
(d) manner of making an appeal and the address for the filing of
the appeal.
6. (1) The sectetary of the board at the Department of Municipal
and Provincial Affairs, Main Floor, Confederation Building (West
Block). P.O. Box 8700, SL John's, Ntld., AIB 4J6 is the secretary to all
boards in the province and an appcaJ filed with that secretary within the
time period referred to in subsection 42(4) of the Act shall be
considered to have been filed with 1he appropriate board.
(2) Notwithstanding subsection (I), where ~c City of Comer
Brook, City of Mount Pearl or City of St. John's appoints an appeal
board under subsection 40(2) of the Act, an appeal shall be filed with
the secretary of that appointed board.
(3) The fee requited Wlder section 44 of the Act shall be paid to
the board that hears the decisiori being appealed by filing it with the
secretary referred to in subsection (I) or (2) within the 14 days referred
to in subsec:tion 42(4) oftbe Act.
(4) The board that bears the decision being appealed shall.
subject to subsection 44(3) of the Act, main the fee paid to the board.
(S) Where an appeal of a decision and the required fee is not
received by a board in accordance with this section and Part VI of the
Act, the right to appeal that docision shall be considered to have been
forfeited.
6
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Development Regulations
3101
~~~~--~~~~~~~~~-
-~~~~~~~~~
Appal rqistnitiOll
~i
prohlbilld
Heorin1 llOliric -6
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7. (l) Upon receipt of an appeal and fee as required under the Act
and those regulations, the secretary of the board as referred to in
subsections 6( I) and (2), shall immediately register the appeal.
(2) Where an appeal has been registered the secretary of the
board shall notify the appropriate authority of the appeal and shall
provide to the authority a copy of the appeal and the documentation
related to the appeal
..
(3) Where an authority has been notified of an appeal that
authority shall forward to the approprialc board a copy of the
appllcation being appealed, an correspondence. council minutes.. plans
and ocher- relevant infonnation relaling to the appeal including the
names and addresses of the applicant and other ioteRSted persons of
whom the authority has knowledge.
(4) Upon receipt of the Information under subsection (3), the
secretary of the board shall publish in a newspaper circulated in the
area of the appropriate authority, a notice that the appeal has been
registered.
(5) A notice published under subsection (4) shall be published
not fewer than 2 weeks before 1hc date upon which the appeal is to be
heard by tho board.
8. (1) lmmedialely upon nodte of the registration of an appeal the
appropriMe authority shall ensure that any development upon the
property that is the subject of the appeal ceases.
(2) Sections 102 and 104 of1he Act apply to an authority acting
under subsection ( 1 ).
(3) Upon receipt of a notification of the registration of an appeal
with ~to
an order under section 102 of the Act, an authority shaU
not cury out work related to the matter being appealed.
9. (I) A board shall notify the appellant, applicant, authority and
other persons affected by the subject of an appeal of the date, time and
place for lhe appeal not fewer than 1 days before lhe date scheduled for
the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its
work in an expeditious manner.
7
Development Regulations
JIOI
10. (1) A board shall meet at a place within the area under its
Heari- or cvldlncc
jurisdiction and the appcillant and other persons notified under
it1bscction 9(1) or their representative m.ay appear before the board and
make re~tations with respect to the matter being appealed.
·-------.... -..... -
Norii:c of vart-
(2) A board sha11 hear an appeal in accordance with section 43
of the Ace and these regulations.
(3) A written report submitted under subsection 43(2) of the Act
respecting a visit to and viewing of a property shall be considered to
have been provided in the same manner as evidence directly provided
al the bearing Of the board.
(4) Jn the condu~ of an appeal hearing, the board is not bound
by the rules of evidence.
11. A decision of the board must comply with the plan, scheme or
development regulations that apply to the matter that has been appealed
10 that board.
12. (1) Where an approval or permit cannot be given by an authority
because a proposed development does not comply with development
standards set out in development regulations, an authority may, in its
discretion, vary the applicable development slandards to a maximum of
l O'AI if, in the aulhority's opinion, compliance with the development
standards would prejudice Che 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
·~-in-development -tegulal-ions. if that--\llriance,_wben__ ___ _
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 ii gmiter than a 10% variance even though the individual
variances are separately no more than 10%.
(.3) An authority shall not permit a variance from development
standards where the proposed development would incrase the non
conformity of an existing development.
13. Where an authority is to consider a proposed variance, that
authority shall give written notice of the propo$ed variance fiom
development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
8
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D~lopment Regulations
.1101
14. A residential building or structure refem:d to in paragraph
I 08(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 thll building or sbUcturc.
IS. Where considering a non conforming building. structure or
development under paragraph 108(3Xd) of the Act and before making a
decision to vary an existing use of 1hat non-confonning building,
structun: or development, an authority, at the..applicant's e"'pensc, shall
publish a notice in a newspaper circulating in the area or by other
means give public notice of an application to vary the existing use of a
non-conforming building. strucau.rc or development and shall consider
any rcpresenbltions or submissions received in response to lbat
advertisement.
16. Where a building. slnlcture or development does not meet the
development standards included in development regulatJons. the
building. slr\Jcturc or developmr.nt shall not be expanded if the
expansion would increase the non-conformity and an expansion must
comply with Che development standards applicable to that building.
structure or development.
17. An 1111thority may make development regulations providing for a
greater period of time than is provided under subsection 108(2) of the
Act with respect to the time by which a discontinued non-conforming
use may resume operation.
18. An authority shall, where designating employees to whom 1
power is to be delegated under subsection 109(3) of the Act. make thal
designation in writing.
19. These rqulations shall be considered to have come into
force on January I, 2001.
CEarl G. Tucker, Queen's Printer
9
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APPENDIX C
Brigus ilousing Prototypes
Source:
Brigus Development Study, August 1990
International Management Services Group Inc., Frederick Han and Associates Ltd., Architecture
& design Incorporated, Pratt Henley Blackwood and Elliott and Elliott Ltd.
Brigus Development Regulations
52
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