Bryant's Cove, Newfoundland and Labrador
· adopted 2022-05-20
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TOWN OF BRYANT'S COVE
DEVELOPMENT REGULATIONS 2021-2031
PLAN-TECH
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ENVIRONMENT
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Bryant's Cove Development Regulations
Table of Contents
APPLICATION .............................................................................................................................. 1
1.
Short Title ........................................................................................................................... 1
2.
Interpretation ....................................................................................................................... 1
3.
Commencement .................................................................................................................. l
4.
Municipal Code and Regulations ........................................................................................ 1
5.
Authority ............................................................................................................................. 1
PART I - GENERAL REGULATIONS ......................................................................................... 2
6.
Compliance with Regulations ............................................................................................. 2
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7.
Permit Required .................................................................................................................. 2
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8.
Permit to be Issued .............................................................................................................. 2
9.
Permit Not to be Issued in Certain Cases ............................................................................ 2
10. Discretionary Powers of Authority ..................................................................................... 2
11. Variances ............................................................................................................................. 3
12. Notice of Variance .............................................................................................................. 3
13. Service Levy ....................................................................................................................... 3
14. Financial Guarantees by Developer .................................................................................... 4
15. Dedication of Land for Public Use ..................................................................................... 4
16. Reinstatement of Land ........................................................................................................ 4
17. Form of Application ............................................................................................................ 5
18. Register of Application ....................................................................................................... 5
19. Deferment of Application ................................................................................................... 5
20. Approval in Principle .......................................................................................................... 5
21. Development Permit ........................................................................................................... 6
22. Reasons for Refusing Permit .............................................................................................. 6
23. Notice of Right to Appeal ................................................................................................... 7
24. Appeal Requirements .......................................................................................................... 7
25. Appeal Registration ............................................................................................................ 7
26. Development Prohibited ..................................................................................................... 8
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27. Appeal Board ...................................................................................................................... 8
28. Appeals ............................................................................................................................... 8
29. Hearing Notice and Meetings ............................................................................................. 9
30. Hearing of Evidence ........................................................................................................... 9
31. Retwn of Appeal Fee ........................................................................................................ l 0
32. Notice of Application ........................................................................................................ 10
33. RightofEntry ................................................................................................................... 10
34. Record of Violations ......................................................................................................... 10
35. Stop Work Order and Prosecution .................................................................................... 10
36. Delegation of Powers ........................................................................................................ 11
PART II - GENERAL DEVELOPMENT STANDARDS ........................................................... 12
37. Accesses and Service Streets ........................................................................................... : 12
38. Accessory Buildings ......................................................................................................... 12
39. Advertisements ................................................................................................................. 12
Buffer Strips ...................................................................................................................... 12
Building Height. ................................................................................................................ 12
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40.
41.
Building Line and Setback ................................................................................................ 13
Family and Group Care Centres ....................................................................................... 13
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42.
43.
44. Height Exceptions ............................................................................................................. 13
45. Livestock Structures and Uses .......................................................................................... 13
46. Lot Area ............................................................................................................................ 14
47. Lot Area and Size Exceptions ........................................................................................... 14
48. Lot Frontage ...................................................................................................................... 14
49. Non-Conforming Use ........................................................................................................ 14
50. Offensive and Dangerous Uses ......................................................................................... 15
51. Off-sti-eet Parking Requirements ...................................................................................... 16
52. Off-Street Loading Requirements ..................................................................................... 17
53. Parks and Playgrounds, and Conservation Uses ............................................................... 17
54. Screening and Landscaping .............................................................................................. 17
55. Services and Public Utilities ............................................................................................. 17
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56. Service Stations ................................................................................................................. 18
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57. Side Yards ......................................................................................................................... 18
58. Street Construction Standards ........................................................................................... 18
59. Subsidiary Apart1nents ...................................................................................................... 18
60. Un-subdivided Land .......................................................................................................... 18
61. Zero Lot Line and Other Comprehensive Development.. ................................................. 18
PART III -ADVERTISEMENTS ................................................................................................ 19
62. Permit Required ................................................................................................................ 19
63. Form of Application .......................................................................................................... 19
64. Advertisements Prohjbited in Street Reservation ............................................................. 19
65. Permit Valid for Limited Period ....................................................................................... 19
66. Removal of Advertisements .............................................................................................. 19
67. Advertisements Exempt from Control.. ............................................................................ 19
68. Approval Subject to Conditions ........................................................................................ 20
69. Non-Conforming Uses ...................................................................................................... 20
PART rv - SUBDIVISION OF LAND ........................................................................................ 21
70. Permit Required ................................................................................................................ 21
71. Services to be Provided ..................................................................................................... 21
72. Payment of Service Levies and Other Charges ................................................................. 21
73. Issue of Permit Subject to Considerations ........................................................................ 21
74. Building Permits Required ................................................................................................ 22
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75.
76.
Form of Application .......................................................................................................... 22
Subdivision Subject to Zoning .......................................................................................... 22
77. Building Lines ................................................................................................................... 22
78. Land for Public Open Space ............................................................................................. 22
79. Structure in Street Reservation ......................................................................................... 23
80. Subdivision Design Standards .......................................................................................... 23
81. Engineer to Design Works and Certify Construction Layout.. ......................................... 24
82. Developer to Pay Engineer's Fees and Charges ................................................................ 24
83. Street Works May Be Defen·ed ......................................................................................... 25
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84. Transfer of Streets and Utilities to Authority ................................................................... 25
85. Resh·iction on Sale of Lots ................................................................................................ 25
86. Grouping of Buildings and Landscaping .......................................................................... 26
PART V - USE ZONES ................................................................................................................ 27
87. Use Zones .......................................................................................................................... 27
88. Use Classes ....................................................................................................................... 27
89. Permitted Uses .................................................................................................................. 27
90. Discretionary Uses ............................................................................................................ 27
91. Uses Not Permitted ........................................................................................................... 27
Development Regulations under the Urban and Rural Planning Act, 2000 . ................................ 28
SCHEDULE A - DEFINITIONS .................................................................................................. 35
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ....................... 45
SCHEDULE "C" - ST AND ARD CONDITIONS FOR ALL USE ZONES ................................ 51
Residential Zone ....................................................................................................................... 54
Recreation Zone ........................................................................................................................ 60
Conservation Zone .................................................................................................................... 61
Rural Zone ................................................................................................................................ 62
SCHEDULED -OFF-STREET PARKING REQUIREMENTS ................................................ 64
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TOWN OF BRYANT'S COVE DEVELOPMENT REGULATIONS
APPLICATION
1. Short Title
These Regulations may be cited as the Bryant's Cove Development Regulations.
2. Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to them in
Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings which are commonly
assigned to them in the context in which they are used in the Regulations.
3. Commencement
These Regulations come into effect throughout the Bryant's Cove 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 Labrador Gazette.
4.
Municipal Code and Regulations
The National Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and any
other ancillary code and any Building Regulations, Waste Disposal Regulation and/or any other
municipal regulations regulating or controlling the development, conservation and use of land in
force in the Town of Bryant's Cove, shall, under these Regulations apply to the entire Planning Area.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Bryant's Cove.
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PART I - GENERAL REGULATIONS
6. Compliance with Regulations
No development shall be carried out within the Planning Area except in accordance with these
Regulations.
7. Permit Required
No person shall carry out any development within the Planning Area except where otherwise
provided in these Regulations unless a permit for the development has been issued by the
Authority.
8. Permit to be Issued
Subject to Regulations 9 and 10, a permit shall be issued for development within the Planning Area
that conforms to:
(a)
the general development standards set out in Part II of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards,
requirements, and conditions prescribed in Schedule C of these Regulations for the
use zone in which the proposed development is located;
(b)
the standards set out in the Building Code and/or other ancillary codes, and any
Building Regulations, Waste Disposal Regulations, and/or any other municipal
regulation in force in the Planning Area regulating or controlling development,
conservation and use of land and buildings;
(c)
the standards set out in Part Ill of these Regulations in the case of advertisement;
(d)
the standards set out in Part IV of these Regulations in the case of subdivision;
(e)
the standards of design and appearance established by the Authority.
9.
Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the Planning Area
when, in the opinion of the Authority, it is premature by reason of the site lacking adequate road
access, power, sanitary facilities, or domestic water supply, or being beyond the natural
development of the area at the time of application unless the applicant contracts to pay the full cost
of construction of the services deemed necessary by the Authority and such cost shall attach to and
upon the property in respect of which it is imposed.
10. Discretionary Powers of Authority
(1)
In considering an application for a permit or for approval in principle to carry out
development, the Authority shall take into account the policies expressed in the Municipal
Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the
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general appearance of the development of the area, the amenity of the surroundings,
availability of utilities, public safety and convenience, and any other considerations which
are, in its opinion, material, and notwithstanding the conformity of the application with the
requirements of these Regulations, the Authority may, in its discretion, and as a result of its
consideration of the matters set out in this Regulation, conditionally approve or refuse the
application.
(2)
An authority may, in its discretion, determine the uses that may or may not be developed in
a use zone and those uses shall be listed in the authority's regulations as discretionary,
permitted or prohibited uses for that area
11. Variances
(1)
Where an approval or permit cannot be given by the Authority because a proposed
development does not comply with development standards set out in development
regulations, the Authority may, in its discretion, vary the applicable development standards
to a maximum of 10% if, in the authority's opinion, compliance with the development
standards would prejudice the proper development of the land, building or structure in
question or would be contrary to public interest.
(2)
The Authority shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be
made with respect to the same land, building or structure, would have a cumulative effect
that is greater than a 10% variance even though the individual variances are separately no
more than 10%.
(3)
The Authority shall not permit a variance from development standards where the proposed
development would increase the non-conformity of an existing development.
12. Notice of Variance
Where the Authority is to consider a proposed variance, the Authority shall give written notice of
the proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance and allow a minimum period of 7 days for
response.
13. Service Levy
(1)
The Authority may require a developer to pay a service levy where development is made
possible or where the density of potential development is increased, or where the value of
property is enhanced by the carrying out of public works either on or off the site of the
development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance charges to the
Authority of constructing or improving the public works referred to in Regulation 13(1) that
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are necessary for the real property to be developed in accordance with the standards
required by the Authority and for uses that are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefited by the public works related to all the real
property so benefited; and,
(b)
the density of development made capable or increased by the public work.
(4)
The Authority may require a service levy to be paid by the owner of the real property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real property commences;
(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
14. Financial Guarantees by Developer
(1)
The Authority may require a developer before commencing a development to make such
financial provisions and/or enter into such agreements as may be required to guarantee the
payment of service levies, ensure site reinstatement, and to enforce the carrying out of any
other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the form of:
(a)
a cash deposit from the developer, to be held by the Authority, or;
(b)
a guarantee by a bank, or other institution, for expenditures by the developer,
or;
(c)
a performance bond provided by an insurance company or a bank, or;
(d)
an annual contribution to a sinking fund held by the Authority, or;
(f)
another form of financial guarantee that the Authority may approve.
15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, the Authority may
require the dedication of not more than 10% of the land area of any subdivision or other
development for public use, and such land shall be conveyed to the Authority in accordance with the
provisions of the Act.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the Authority may
order the developer, the occupier of the site, or the owner or all of them to reinstate the site, to
remove all or any buildings or erections, to cover or fill all wells or excavations, and to close all or
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any accesses, or to do any of these things or all of them, as the case may be, and the developer,
occupier or owner shall carry out the order of the Authority and shall put the site in a clean and
sanitary condition to the satisfaction of the Authority.
17. Form of Application
(1)
An application for a development permit or for approval in principle shall be made only by
the owner or by a person authorized by the owner in writing and signed by the owner to the
Authority on such form as may be prescribed by the Authority. The ownership information
must be sufficient to meet the satisfaction of Council. Every application shall include a
property description and the location of the proposed development, and such plans,
specifications and drawings as the Authority may require, and be accompanied by the permit
fee required by the Authority.
(2)
The Authority shall supply to every applicant a copy of the application forms referred to in
Regulation 17(1) and a description of the plans, specifications and drawings required to be
provided with the application and any information or requirements applicable to the
application.
18. Register of Application
The Authority shall keep a public register of all applications for development and shall enter therein
the Authority's decision upon each application and the result of any appeal from that decision.
19. Deferment of Application
(1)
An application properly submitted in accordance with these Regulations shall be determined
within eight (8) weeks of receipt of the application by Council.
(2)
The Council may defer consideration of an application where additional information or
consideration is required.
(3)
Where no decision on an application has been made within eight (8) weeks of its submission,
the application shall be deemed to be refused.
20. Approval in Principle
(1)
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
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development, and may include a survey description of the subject lands, and;
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(c)
submission of any pertinent information that may be required by the Council
(2)
The Council may issue an Approval in Principle if it determines the application conforms to
the Municipal Plan and these Regulations.
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(3)
An Approval in Principle shall be valid for a period of 1 year and may be extended 1 year
(must be requested by applicant), up to a total maximum period of 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.
21. Development Permit
(1)
A written Permit to Develop, including a temporary Permit to Develop, issued by the Council
shall be permission to develop. This permission shall not relieve the applicant from full
responsibility of obtaining all other approvals, prior to the commencement of development,
and complying with the requirements of all other regulations and statutes during
development.
(2)
The Council may attach conditions to a Permit to Develop to ensure compliance with the
Municipal Plan and these Regulations, and the permit holder shall be responsible for full
compliance with the permit conditions.
(3)
A Permit to Develop is valid for a period of 1 year and may be extended twice up to a total
maximum period of 3 years.
(4)
The issuance of a Permit to Develop shall not prevent the Council from requiring the
correction of errors, or ordering the cessation, removal of, or remedial work on any
development being carried out that is in violation of the Municipal Plan and these
Regulations.
(5)
The Council may revoke a Permit to Develop for failure by the developer to comply with the
Municipal Plan and these Regulations, or any condition attached to the Permit to Develop, or
where it was issued in error or was issued on the basis of incorrect information.
(6)
No person shall change the application for which a Permit to Develop has been issued unless
the change has been approved by a resolution of the Council, and written approval has been
issued.
(7)
A copy of the Permit to Develop, and the plans and specifications, shall be kept on the site
until completion of the development.
22. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit, state the
reasons for so doing.
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23. Notice of Right to Appeal
Where the Authority makes a decision that may be appealed under section 42 of the Act, the
Authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the:
(a}
person's right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
(c}
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
24. Appeal Requirements
(1)
The secretary ofthe Appeal Board at the Department of Municipal and Provincial Affairs, P.O.
Box 8700, St. John's, NL., AlB 4J6, is the secretary to all Appeal Boards in the province and an
appeal filed with that secretary within the time period referred to in subsection 42(4) of the
Act shall be considered to have been filed with the appropriate Appeal Board.
(2)
The fee required under section 44 of the Act shall be paid to the Appeal Board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or (2)
within the 14 days referred to in subsection 42(4) of the Act.
(3}
The Appeal Board that hears the decision being appealed shall, subject to subsection 44(3) of
the Act, retain the fee paid to the Appeal Board.
(4}
Where an appeal of a decision and the required fee is not received by an Appeal Board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
25. Appeal Registration
(1)
Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the Appeal Board as referred to in subsections 24(1) and (2), shall immediately
register the appeal.
(2)
Where an appeal has been registered the secretary of the Appeal Board shall notify the
Authority of the appeal and shall provide to the Authority a copy of the appeal and the
documentation related to the appeal.
(3)
Where the Authority has been notified of an appeal that Authority shall within one week of
notification forward to the appropriate board a copy of the application being appealed, all
correspondence, council minutes, plans and other relevant information relating to the appeal
including the names and addresses of the applicant and other interested persons of whom
the authority has knowledge.
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(4)
Upon receipt of the information under subsection (3), the secretary of the board shall publish
in a newspaper circulated in the area of the appropriate authority, a notice that the appeal
has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks before
the date upon which the appeal is to be heard by the board.
26. Development Prohibited
(1)
Immediately upon notice of the registration of an appeal the Authority shall ensure that any
development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to the Authority acting under subsection (1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an order under
section 102 of the Act, the Authority shall not carry out work related to the matter being
appealed.
27. Appeal Board
(1)
The Minister may, by order, establish an Appeal Board and shall assign to the Appeal Board a
specific area of the province over which it shall have jurisdiction, as outlined in section 40, of
the Act.
28. Appeals
(1)
A person or an association of persons aggrieved of a decision that, under the regulations,
may be appealed, may appeal that decision to the appropriate Appeal Board where the
decision is with respect to
(a)
an application to undertake a development;
(b)
a revocation of an approval or a permit to undertake a development;
(c)
the issuance of a stop work order; and
(d)
a decision permitted under the Act or another Act to be appealed to the board.
(2)
A decision of the Authority to adopt, approve or proceed with a municipal plan, a scheme,
development regulations and amendments and revisions of them is final and not subject to
an appeal.
(3)
An Appeal Board shall not make a decision that does not comply with the municipal plan, a
scheme and development regulations that apply to the matter being appealed.
(4)
An appeal shall be filed with the Appeal Board not more than 14 days after the person who
made the original application appealed from has received the decision being appealed.
(5)
An appeal shall be made in writing and shall include
(a)
a summary of the decision appealed from;
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(b)
the grounds for the appeal; and
(c)
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Bryant's Cove Development Regulations
(6)
A person or group of persons affected by the subject of an appeal or their representatives
may appear before an Appeal Board and make representations concerning the matter under
appeal.
(7)
An Appeal Board may inform itself of the subject matter of the appeal in the manner it
considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance with the Act and the
municipal plan, scheme and regulations that have been registered under section 24, of the
Act, and having regard to the circumstances and merits of the case.
(9)
A decision of the Appeal Board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
(10) In determining an appeal, an Appeal Board may confirm, reverse or vary the decision
appealed from and may impose those conditions that the board considers appropriate in the
circumstances and may direct the Authority to carry out its decision or make the necessary
order to have its decision implemented.
(11) Notwithstanding subsection (10), where the Authority may, in its discretion, make a decision,
an Appeal Board shall not make another decision that overrules the discretionary decision.
(12) The decision of a majority of the members of an Appeal Board present at the hearing of an
appeal shall be the decision of the Appeal Board.
(13) An Appeal Board shall, in writing notify the appellant and the appropriate Authority of the
decision of the Appeal Board.
29. Hearing Notice and Meetings
(1)
An Appeal Board shall notify the appellant, applicant, authority and other persons affected
by the subject of an appeal of the date, time and place for the appeal not fewer than 7 days
before the date scheduled for the hearing of the appeal.
(2)
An Appeal Board may meet as often as is necessary to conduct its work in an expeditious
manner.
30. Hearing of Evidence
(1)
An Appeal Board shall meet at a place within the area under its jurisdiction and the appellant
and other persons notified under regulation 29(1) or their representative may appear before
the Appeal Board and make representations with respect to the matter being appealed.
(2)
An Appeal Board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
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(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as
evidence directly provided at the hearing of the Appeal Board.
(4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of evidence.
31. Return of Appeal Fee
Where an appeal made by an appellant under section 42 of the Act, is successful, an amount of
money equal to the fee paid by that appellant under regulation 24(2) shall be paid to him or her by
the Authority.
32. Notice of Application
The Authority may, and when a variance is necessary under Regulation 11 and the Authority wishes
to consider whether to authorize such a variance, when a change in nonconforming use is to be
considered under Regulation 49, or when the development proposed is listed as a discretionary use
in Schedule C of the Regulations shall, at the expense of the applicant, give notice of an application
for a permit or for approval in principle, by public advertisement in a newspaper circulating in the
area or by any other means deemed necessary, and under Regulation 12 and the Authority shall give
written notice of the proposed variance from development standards to all persons whose land is in
the immediate vicinity of the land that is the subject of the variance, and allow a minimum period of
7 days for response.
33. Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land and may at
all reasonable times enter any development or building upon the land for the purpose of making
surveys or examinations or obtaining information relative to the carrying out of any development,
construction, alteration, repair, or any other works whatsoever which the Authority is empowered
to regulate.
34. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to his
knowledge and report that violation to the Authority.
35. Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these Regulations,
the Authority may order that person to stop the development or work connected therewith
pending final adjudication in any prosecution arising out of the development.
(2)
A person who does not comply with an order made under Regulation 35(1) is guilty of an
offence under the provisions of the Act.
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36. Delegation of Powers
An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
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PART II - GENERAL DEVELOPMENT STANDARDS
37. Accesses and Service Streets
(1)
Access shall be located to the specification of the Authority so as to ensure the greatest
possible convenience and safety of the street system and the Authority may prescribe the
construction of service streets to reduce the number of accesses to collector and arterial
streets.
(2)
No vehicular access shall be closer than 9 metres to the street line of any street intersection.
38. Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the use of the main
buildings in character, use and size, and shall be contained on the same lot.
(2)
An accessory building may only be located in front of a building line at the discretion of
Council after consultation has taken place with neighbouring property owners.
(3)
The side-yard requirements set out in the use zone tables in these Regulations shall apply to
accessory buildings wherever they are located on the lot.
39. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part Ill of these
Regulations.
40. Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or proposed
residential area, or is separated from it by a road only, the owner of the site of the industrial
development shall provide a buffer strip not less than ten (10) metres wide between any residential
activity and the industrial area. The buffer shall include the provision of such natural or structural
barrier as may be required by the Authority and shall be maintained by the owner or occupier to the
satisfaction of the Authority.
41. Building Height
The Authority may permit the erection of buildings of a height greater than that specified in
Schedule C, but in such cases the building line setback and rear-yard requirements shall be varied as
follows:
(1)
The building line setback shall be increased by 2 metres for every 1 metre increase in height.
(2)
The rear-yard shall not be less than the minimum building line setback calculated as
described in (1) above plus 6 metres.
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42. Building Line and Setback
(1)
The Council, by resolution, may establish building lines on an existing street and may require
any new buildings to be located on those building lines, whether or not such building lines
conform to the standards set out in the tables in Schedule C of these Regulations.
(2)
A building situated on a corner lot shall be required to observe the building line setback set
out in Schedule C of these Regulations on both the primary and flanking (secondary) streets.
43. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff, provided that in the
opinion of the Authority, the use of the dwelling does not materially differ from, nor adversely
affect, the amenities of the adjacent residences, or the neighbourhood in which it is located. The
Authority may require special access and safety features to be provided for the occupants before
occupancy is permitted.
44. Height Exceptions
(1)
The height requirements prescribed in Schedule C of these Regulations may be waived in the
case of communication masts and antennae, flagpoles, water towers, spires, belfries, or
chimneys, but any such waiver which results in an increase of more than 10% of the
permitted height of the structure shall only be authorized under the provisions of Regulation
11.
(2)
Industry Canada regulates the placement of cellular towers and other communication
antennae as described in (1) above.
45. Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be erected or used unless
it complies with the following requirements:
(a)
The structure shall be at least 600 m from a residence, (except a farm residence
or a residence which is a non-conforming use in any zone in which agriculture is
a permitted use class in the Use Zone Tables in Schedule C of these
Regulations), and, from an area designated for residential use in an approved
Plan, and, from a Provincial or Federal Park.
(b)
The structure shall be at least 60 m from the boundary of the property on
which it is to be erected.
(c)
The structure shall be at least 90 m from the centre line of a street.
(d)
The erection of the structure shall be approved by the Department of Fisheries,
Forestry and Agriculture and the Department of Environment and Climate
Change.
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(2)
No development for residential use shall be permitted within 600 m of an existing structure
designed to contain more than five animal units unless the development is first approved by
the Department of Fisheries, Forestry and Agriculture.
46. Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof
or otherwise, so that any building or structure on such lot shall have a lot coverage that
exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than that
permitted by these Regulations for the zone in which such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a yard, it shall
continue to be so used regardless of any change in the ownership of the lot or any part
thereof and shall not be deemed to form part of an adjacent lot for the purpose of
computing the area thereof available for building purposes.
47. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist in any
residential zone, with insufficient frontage or area to permit the owner or purchaser of such a lot or
lots to comply with the provisions of these Regulations, then these Regulations shall not prevent the
issuing of a permit by the Authority for the erection of a dwelling thereon, provided that the lot
coverage and height are not greater than, and the yards and floor area are not less than the
standards set out in these Regulations.
48. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these Regulations, no
residential or commercial building shall be erected unless the lot on which it is situated fronts
directly onto a street or forms part of a Comprehensive Development Scheme.
49. Non-Conforming Use
(1)
Notwithstanding the Municipal Plan, scheme or regulations made under the Urban and Rural
Planning Act, 2000, the Authority shall, in accordance with regulations made under this Act,
allow a development or use of land to continue in a manner that does not conform with a
regulation, scheme, or plan that applies to that land provided that the non-conforming use
legally existed before the registration of this Plan and these Development Regulations under
section 24 of the Act, scheme or regulations made with respect to that kind of development
or use.
(2)
Notwithstanding subsection (1), a right to resume a discontinued non-conforming use of land
shall not exceed 12 months after that discontinuance.
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(3)
A building, structure or development that does not conform to a scheme, plan or regulations
made under the Act that is allowed to continue under subsection (1)
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Authority;
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development;
(c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, structure or
development has been destroyed;
(d)
may have the existing use for that building, structure or development varied by
the Authority to a use that is, in the Authority's opinion, more compatible with
the plan and regulations applicable to it;;
(e)
may have the existing building extended by approval of the Authority where, in
the Authority's opinion, the extension is not more than 50% of the existing
building;
(f)
where the non-conformance is with respect to the standards included in these
development regulations, shall not be expanded if the expansion would
increase the non-conformity;
(g)
where a building, structure or development does not meet the development
standards included in the development regulations, the building, structure or
development shall not be expanded if the expansion would increase the non-
conformity and an expansion must comply with the development standards
applicable to that building, structure or development.
(h)
where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with the municipal plan and regulations, be
repaired or rebuilt where 50% or more of the value of that building or structure
is destroyed.
Where considering a non-conforming building, structure or development and before making a
decision to vary an existing use of that non-conforming building, structure or development, the
Authority, at the applicant's expense, shall publish a notice in a newspaper circulating in the area or
by other means give public notice of an application to vary the existing use of a non-conforming
building, structure or development and shall consider any representations or submissions received
in response to that advertisement.
SO. 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
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unpleasant effect on the senses unless its use is authorized by the Authority and any other authority
having jurisdiction.
51. Off-street Parking Requirements
(1)
For every building, structure or use to be erected, enlarged or established, there shall be
provided and maintained a quantity of off-street parking spaces sufficient to ensure that the
flow of traffic on adjacent streets is not impeded by the on-street parking of vehicles
associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of occupancy
shall conform to the standards set out in Schedule D of these Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings, shall be made
accessible by means of a hard-surfaced right-of-way at least 3 m in width. Parking required
in a Residential Zone shall be provided on the same lot as the dwelling or dwellings. Parking
space for apartments shall be provided in the rear yard where possible. In a Non-Residential
Zone, parking spaces shall be provided within the limits of the zone in which the use is
situated and not more than 200 m distance from the use concerned.
(4)
The parking facilities required by this Regulation shall, except in the case of single or
attached dwellings, be arranged so that it is not necessary for any vehicle to reverse onto or
from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are required or
permitted:
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(a)
parking space shall mean an area of land, not less than 15 m2 in size, capable of
being used for the parking of a vehicle without the need to move other vehicles
on adjacent areas;
(b)
the parking area shall be constructed and maintained to the specifications of
the Authority;
(c)
the lights used for illumination of the parking area shall be so arranged as to
divert the light away from adjacent development;
(d)
a structure, not more than 3 m in height and more than 5 m2 in area may be
erected in the parking area for the use of attendants in the area;
(e)
except in zones in which a service station is a permitted use, no gasoline pump
or other service station equipment shall be located or maintained on a parking
area;
(f)
no part of any off-street parking area shall be closer than 1.5 m to the front lot
line in any zone;
(g)
access to parking areas in non-residential zones shall not be by way of
residential zones;
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(h)
where a parking area is in or abuts a residential zone, a natural or structural
barrier at least 1 m in height shall be erected and maintained along all lot lines;
(i)
where, in the opinion of the Authority, strict application of the above parking
requirements is impractical or undesirable, the Authority may as a condition of
a permit require the developer to pay a service levy in accordance with these
Regulations in lieu of the provision of a parking area, and the full amount of the
levy charged shall be used by the Authority for the provision and upkeep of
alternative parking facilities within the general vicinity of the development.
52. Off-Street Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or established requiring the
shipping, loading or unloading of animals, goods, wares or merchandise, there shall be
provided and maintained for the premises loading facilities on land that is not part of a street
comprised of one or more loading spaces, 15 m long, 4 m wide, and having a vertical
clearance of at least 4 m with direct access to a street or with access by a driveway of a
minimum width of 6 m to a street.
(2)
The number of loading spaces to be provided shall be determined by the Authority.
(3)
The loading facilities required by this Regulation shall be so arranged that vehicles can
manoeuvre clear of any street and so that it is not necessary for any vehicle to reverse onto
or from a street.
53. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and playgrounds are
not located in areas which may be hazardous to their use and are not operated for commercial
purposes.
54. Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the owner or occupier to
provide adequate and suitable landscaping or screening; and for this purpose, may require the
submission of an application giving details of the landscaping or screening, and these Regulations
shall then apply to that application.
The provision of adequate and suitable landscaping or
screening may be made a condition of any development permit where, in the opinion of the
Authority, the landscaping or screening is desirable to preserve amenity, or protect the
environment.
55. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the provision of
public services and public utilities if the use of that land is necessary to the proper operation of the
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public service or public utility concerned provided that the design and landscaping of any
development of any land so used is, in the opinion of the Authority, adequate to protect the
character and appearance of the area.
56. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such purpose,
and to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and
where a service station is located on a corner lot, the minimum distance between
an access and the intersection of street lines at the junction shall be 10 metres and
the lot line between entrances shall be clearly indicated.
57. Side Yards
A side-yard which shall be kept clear of obstruction shall be provided on the exposed sides of every
building in order to provide access for the maintenance of that building.
58. Street Construction Standards
A new street may not be constructed except in accordance with and to the design and specifications
laid down by the Authority.
59. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of calculating
lot area and yard requirements, shall be considered part of the self-contained dwelling.
60. Un-subdivided land
Development is not permitted on un-subdivided land unless sufficient area is reserved to satisfy the
yard and other allowances called for in the Use Zone in which it is located and the allowances shall
be retained when the adjacent land is developed.
61. Zero lot line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which are designed to form
part of a zero lot line development or other comprehensive layout which does not, with the
exception of dwelling unit floor area, meet the requirements of the Use Zone Table in Schedule C,
provided that the dwellings are designed to provide both privacy and reasonable access to natural
daylight and the overall density within the layout conforms to the regulations and standards set out
in the Use Zone Table apply where the layout adjoins other development.
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PART Ill - ADVERTISEMENTS
62. Permit Required
Subject to the provisions of Regulation 67, no advertisement shall be erected or displayed in the
Planning Area unless a permit for the advertisement is first obtained from the Authority. Permit for
erection or display of advertisement on Provincial Highways shall be obtain from the Government
Service Centre.
63. Form of Application
Application for a permit to erect or display an advertisement shall be made to the authority in
accordance with Regulation 17.
64. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any highway or
street reservation.
65. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement shall be
for a limited period, not exceeding two years, but may be renewed at the discretion of the Authority
for similar periods.
66. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the removal of any
advertisement which, in its opinion, is:
(a)
Hazardous to road traffic by reason of its siting, colour, illumination, or structural
(b)
Condition; or
(c)
Detrimental to the amenities of the surrounding area.
67. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without application
to the Authority:
(a)
On a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
0.2 m2 in area;
(b)
On an agricultural holding or farm, a notice board not exceeding 1 m2 in area and
relating to the operations being conducted on the land;
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(c)
On land used for forestry purposes, signs or notices not exceeding 1 m2 in area and
relating to forestry operations or the location of logging operations conducted on
the land;
(d)
On land used for mining or quarrying operations, a notice board not exceeding 1
m2 in area relating to the operation conducted on the land;
(e)
On the facade of a dwelling, one nameplate not exceeding 0.2 m2 in area in
connection with the practice of a professional person carried on in the premises;
(f)
On any site occupied by a church, school, library, art gallery, museum, institution
or cemetery, one notice board not exceeding 1 m2 in area;
(g)
On the principal facade of any commercial, industrial or public building, the name
of the building or the name of the occupants of the building, in letters not
exceeding one-tenth of the height of that facade or 3 m, whichever is the lesser;
(h)
On any parking lot directional signs and one sign not exceeding 1 m2 in size,
identifying the parking lot.
68. Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply with the
appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these
Regulations.
69. Non-Conforming Uses
Notwithstanding the provisions of Regulation 62, a permit may be used for the erection or display of
advertisements on a building or within the courtyard of a building or on a parcel of land, the use of
which is a non-conforming use, provided that the advertisement does not exceed the size and type
of advertisement which could be permitted if the development was in a Use Zone appropriate to its
use, and subject to any other conditions deemed appropriate by the Authority.
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PART IV - SUBDIVISION OF LAND
70. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of the
subdivision is first obtained from the Authority.
71. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions satisfactory to the
Authority have been made in the application for a supply of drinking water, a properly designed
sewage disposal system, and a properly designed storm drainage system.
72. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been reached
for the payment of all fees levied by the Authority for connection to services, utilities and streets
deemed necessary for the proper development of the subdivision, and all service levies and other
charges imposed under Regulations 13 and 14.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a subdivision
does not contribute to the orderly growth of the municipality and does not demonstrate sound
design principles. In considering an application, the Authority shall, without limiting the generality
of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
(d)
the land use, physical form and character of adjacent developments;
(e)
the transportation network and traffic densities affecting the site;
(f)
the relationship of the project to existing or potential sources of nuisance;
(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;
(n)
such other matters as may affect the proposed development.
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74. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building permit shall be
obtained for each building proposed to be erected in the area of the subdivision, and no building
permit for any building in the area shall be issued until the developer has complied with all the
provisions of these Regulations with respect to the development of the subdivision.
75. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in accordance with
Regulation 17.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the
Zoning Maps.
77. Building Lines
The Authority may establish building lines for any subdivision street and require any new building to
be located on such building lines.
78. Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate to the
Authority, at no cost to the Authority, an area of land equivalent of not more than 10% of the
gross area of the subdivision or 25 m2 for every dwelling unit permitted in the subdivision,
whichever is the greater, for public open space, provided that:
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(a)
Where land is subdivided for any purpose other than residential use, the
Authority shall determine the percentage of land to be dedicated;
(b)
If, in the opinion of the Authority, no public open space is required, the land
may be used for such other public use as the Authority may determine;
(c)
The location and suitability of any land dedicated under the provisions of this
Regulation shall be subject to the approval of the Authority but in any case, the
Authority shall not accept land which, in its opinion is incapable of development
for any purpose;
(d)
The Authority may accept from the developer in lieu of such area or areas of
land the payment of a sum of money equal to the value of the land which
would otherwise be required to be dedicated;
(e)
Money received by the Authority in accordance with Regulation 78(1)(d) above,
shall be reserved by the Authority for the purpose of the acquisition or
development of land for public open space or other public purpose.
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(2)
Land dedicated for public use in accordance with this Regulation shall be conveyed to the
Authority and may be sold or leased by the Authority for the purposes of any development
that conforms with the requirements of these Regulations, and the proceeds of any sale or
other disposition of land shall be applied against the cost of acquisition or development of
any other land for the purposes of public open space or other public purposes.
(3)
The Authority may require a strip of land to be reserved and remain undeveloped along the
banks of any river, brook or pond, and this land may, at the discretion of the Authority,
constitute the requirement of land for public use under Regulation 78(1).
79. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole, telegraph or
telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the prior approval of the
Authority which shall be satisfied on the question of safe construction and relationship to the
adjoining buildings and other structures within the street reservation.
80. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul-de-sac shall be provided with a turning circle of a diameter of not less
than 30 m.
(c)
The maximum length of any cul-de-sac shall be:
(i)
200m in areas served by or planned to be served by municipal piped
water and sewer services, as shown in the map and letter of
agreement signed by the Municipality and the Minister of Municipal
and Provincial Affairs in connection with municipal five-year capital
works program eligibility.
(ii)
300m in areas not served by or planned to be served by municipal
piped water and sewer services.
(d)
Emergency vehicle access to a cul-de-sac shall be not less than 3 m wide and shall
connect the head of the cul-de-sac with an adjacent street.
(e)
No cul-de-sac shall be located so as to appear to terminate a collector street.
(f)
New subdivisions shall have street connections with an existing street or streets.
(g)
All street intersections shall be constructed within 5° of a right angle and this
alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
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(i)
No more than four streets shall join at any street intersection.
(j)
No residential street block shall be longer than 490 m between street
intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with the Town's
Engineering Design Guidelines for Subdivisions, a guiding document for these
Regulations.
(I)
No lot intended for residential purposes shall have a depth exceeding four times
the frontage.
(m)
Residential lots shall not be permitted which abut a local street at both front and
rear lot lines.
(n)
The Authority may require any existing natural, historical or architectural feature
or part thereof to be retained when a subdivision is developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
81. Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers and all
appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other
utilities deemed necessary by the Authority to service the area proposed to be developed or
subdivided shall be designed and prepared by or approved by the Engineer. Such designs
and specifications shall, upon approval by the Authority, be incorporated in the plan of
subdivision.
(2)
Upon approval by the Authority of the proposed subdivision, the Engineer shall certify all
work of construction layout preliminary to the construction of the works and thereupon the
developer shall proceed to the construction and installation, at his own cost and in
accordance with the approved designs and specifications and the construction layout
certified by the Engineer, of all such water mains, hydrants, sanitary sewers and all
appurtenances and of all such streets and other works deemed necessary by the Authority to
service the said area.
82. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the preparation of
designs and specifications and for the layout and supervision of construction; such fees and charges
being percentages of the total cost of materials and labour for the construction and installation of all
works calculated in accordance with the Schedule of Fees recommended by the Association of
Professional Engineers of Newfoundland and in effect at the time the work is carried out.
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83. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and paving
specified by the Authority as being necessary, may, at the Authority's discretion, be deferred until a
later stage of the work on the development of the subdivision but the developer shall deposit with
the Authority before approval of his application, an amount estimated by the Engineer as
reasonably sufficient to cover the cost of construction and installation of the works. In the later
stage of the work of development, the Authority shall call for tenders for the work of construction
and installation of the works, and the amount so deposited by the developer shall be applied
towards payment of the contract cost. If the contract cost exceeds the deposit, the developer shall
pay to the Authority the amount of the excess. If the contract price is less than the deposit, the
Authority shall refund the amount by which the deposit exceeds the contract price. Any amount so
deposited with the Authority by the developer shall be placed in a separate savings account in a
bank and all interest earned thereon shall be credited to the developer.
84. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land and upon request of
the Authority, transfer to the Authority, at no cost to the Authority, and clear of all liens and
encumbrances:
(a)
all lands in the area proposed to be developed or subdivided which are
approved and designated by the Authority for public uses as streets, or other
rights-of-way, or for other public use;
(b)
all services or public works including streets, water supply and distribution and
sanitary a storm drainage system installed in the subdivision that are normally
owned and operated by the Authority.
(2)
Before the Authority shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets, services and
public works installed in the subdivision and certify his satisfaction with their installation.
(3)
The Authority shall not provide maintenance for any street, service or public work in any
subdivision until such time as such street, service or public work has been transferred to and
accepted by the Authority.
85. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until the Authority is satisfied that:
(1)
The lot can be served with satisfactory water supply and sewage disposal systems, and;
(2)
Satisfactory access to a street is provided for the lots.
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86. Grouping of Buildings and Landscaping
(1) Each plan of subdivision shall make provision for the grouping of building types and for
landscaping in order to enhance the visual aspects of the completed development and to
make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by the Authority, shall not be changed without written
application to and subsequent approval of the Authority.
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PART V - USE ZONES
87. Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use Zones which are
shown on the Zoning Map attached to and forming part of these Regulations.
(2)
Subject to Regulation 87(3), the permitted use classes, discretionary use classes, standards,
requirements and conditions applicable to each Use Zone are set out in the Use Zone Tables
in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not set out in
the Use Zone Tables in Schedule C, the Authority may in its discretion, determine the
standards, requirements and conditions which shall apply.
88. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in Schedule C shall
be determined by the Authority in accordance with the classification and examples set out in
Schedule B.
89. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in the
appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that Use Zone.
90. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in the
appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if the Authority is
satisfied that the development would not be contrary to the general intent and purpose of these
Regulations, the Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and
to the public interest, and if the Authority has given notice of the application in accordance with
Regulation 32 and has considered any objections or representations which may have been received
on the matter.
91. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in the
appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone.
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MINISTER'S REGULATIONS 2021-2031
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NEWFOUNDLAND REGULATION 3/01
Development Regulations under the Urban and Rural Planning Act, 2000.
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. John's, January 2, 2001.
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
MINISTER'S REGULATIONS
Analysis
1.
Short title
2.
Definitions
3.
Application
4.
Interpretation
5.
Notice of right to appeal
6.
Appeal requirements
7.
Appeal registration
8.
Development prohibited
9.
Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non-conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
1. Short title
These regulations may be cited as the Development Regulations.
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2. Definitions
In these regulations,
(a)
"Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000;
(b)
"applicant" means a person who has applied to an authority for an approval or permit to
carry out a development;
(c)
"authority" means a council, authorized administrator or regional authority; and
(d)
"development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
3.
Application
(1)
These regulations shall be included in the development regulations of an authority and
shall apply to all planning areas.
(2)
Where there is a conflict between these regulations and development regulations or
other regulations of an authority, these regulations shall apply.
(3)
Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
4.
Interpretation
(1)
In development regulations and other regulations made with respect to a planning area
the following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from a street to adjacent or nearby land or to go from
that land to the street;
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, located on the
same lot as the main building to which it is an accessory and which has a
use that is customarily incidental or complementary to the main use of
the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetables
storage cellars, shelters for domestic pets or radio and television
antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
(c)
"accessory use" means a use that is subsidiary to a permitted or discretionary
use and that is customarily expected to occur with the permitted or
discretionary use;
(d)
"building height" means the vertical distance, measured in metres from the
established grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or
gambrel roof, and in any case, a building height shall not include
mechanical structure, smokestacks, steeples and purely ornamental
structures above a roof;
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(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,
(h)
( i)
(j)
(k)
(I)
(i)
where used in reference to a building, the average elevation of the
finished surface of the ground where it meets the exterior or the front
of that
building
exclusive
of any
artificial
embankment or
entrenchment, or
(ii)
where used in reference to a structure that is not a building, the
average elevation of the finished grade of the ground immediately
surrounding the structure, exclusive of any artificial embankment or
entrenchment;
"floor area" means the total area of all floors in a building measured to the
outside face of exterior walls;
"frontage" means the horizontal distance between side lot lines measured at
the building line;
"lot" means a plot, tract or parcel of land which can be considered as a unit of
land for a particular use or building;
"lot area" means the total horizontal area within the lines of the lot;
"lot coverage" means the combined area of all building on a lot measured at the
level of the lowest floor above the established grade and expressed as a
percentage of the total area of the lot;
(m)
"non-conforming use" means a legally existing use that is not listed as a
permitted or discretionary use for the use zone in which it is located or which
does not meet the development standards for that use zone;
(n)
"owner" means a person or an organization of persons owning or having the
legal right to use the land under consideration;
(o)
"permitted use" means a use that is listed within the permitted use classes set
out in the use zone tables of an authority's development regulations;
(p)
"prohibited use" means a use that is not listed in a use zone within the
permitted use classes or discretionary use classes or a use that an authority
specifies as not permitted within a use zone;
(q)
"sign" means a word, letter, model, placard, board, device or representation,
whether illuminated or not, in the nature of or employed wholly or in part for
the purpose of advertisement, announcement or direction and excludes those
things employed wholly as a memorial, advertisements of local government,
utilities and boarding or similar structures used for the display of
advertisements;
(r)
"rear yard depth" means the distance between the rear lot line and the rear wall
of the main building on a lot;
(s)
"side yard depth" means the distance between the side lot line and the nearest
side wall of a building on the lot;
(t)
(u)
Bryant's Cove Development Regulations
"street" means a street, road, highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other
emergency vehicles;
"street line" means the edge of a street reservation as defined by the authority
having jurisdiction;
(v)
"use" means a building or activity situated on a lot or a development permitted
on a lot;
(w)
"use zone" or "zone" means an area of land including buildings and water
designated on the zoning map to which the uses, standards and conditions of a
particular use zone table apply;
(x)
"variance" means a departure, to a maximum of 10% from the yard, area, lot
coverage, setback, size, height, frontage or any other numeric requirement of
the applicable Use Zone Table of the authority's regulations; and
(y)
"zoning map" means the map or maps attached to and forming a part of the
authority's regulations.
(2)
An authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the authority's
regulations as discretionary, permitted or prohibited uses for that area.
5.
Notice of right to appeal
6.
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.
Appeal requirements
(1)
The secretary of the board at the Department of Municipal and Provincial Affairs, P.O.
Box 8700, St. John's, NL, AlB 4J6, is the secretary to all boards in the province and an
appeal filed with that secretary within the time period referred to in subsection 42(4) of
the Act shall be considered to have been filed with the appropriate board.
(2)
Notwithstanding subsection (1), where the City of Corner Brook, City of Mount Pearl or
City of St. John's appoints an appeal board under subsection 40(2) of the Act, an appeal
shall be filed with the secretary of that appointed board.
(3)
The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or (2)
within the 14 days referred to in subsection 42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection 44(3) of
the Act, retain the fee paid to the board.
(5)
Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision
shall be considered to have been forfeited.
7.
Appeal registration
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8.
(1)
(2)
(3)
(4)
(5)
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.
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.
Where an authority has been notified of an appeal that authority shall forward to the
appropriate board a copy of the application being appealed, all correspondence, council
minutes, plans and other relevant information relating to the appeal including the
names and addresses of the applicant and other interested persons of whom the
authority has knowledge.
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.
A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
Development prohibited
(1)
Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
(2)
Sections 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.
9.
Hearing notice and meetings
10.
(1)
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.
Hearing of evidence
(1)
A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9(1) or their representative may appear before
the board and make representations with respect to the matter being appealed.
(2)
A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as
evidence directly provided at the hearing of the board.
(4)
In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
11.
Board decision
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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.
12.
Bryant's Cove Development Regulations
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 shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
would have a cumulative effect that is greater than a 10% variance even though the
individual variances are separately no more than 10%.
(3)
An authority shall not permit a variance from development standards where the
proposed development would increase the non-conformity of an existing development.
13.
Notice of variance
Where an 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.
14.
Residential non-conformity
A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where
being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
15.
Notice and hearings on change of use
Where considering a non-conforming building, structure or development under paragraph
108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming
building, structure or development, an authority, at the applicant's expense, shall publish a
notice in a newspaper circulating in the area or by other means give public notice of an
application to vary the existing use of a non-conforming building, structure or development and
shall consider any representations or submissions received in response to that advertisement.
16.
Non-conformance with standards
Where a building, structure or development does not meet the development standards included
in development regulations, the building, structure or development shall not be expanded if the
expansion would increase the non-conformity and an expansion must comply with the
development standards applicable to that building, structure or development.
17.
Discontinuance of non-conforming use
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.
18.
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.
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19.
Commencement
These regulations shall be considered to have come into force on January 1, 2001.
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SCHEDULE A
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SCHEDULE A - DEFINITIONS
ACCESS means a way used or intended to be used by vehicles, pedestrians or animals in order to go from a
street to adjacent or nearby land or to go from that land to the street.
ACCESSORY BUILDING means:
(a) A detached subordinate building not used as a dwelling, located on the same lot as the
main building or use to which it is accessory, and which has a use which is customarily
incidental or complimentary to the main use of the building or land:
(b) for residential uses such as domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for domestic
pets, or radio and television antennae,
(c) for commercial uses such as workshops, garages, and
(d) for industrial uses such as garages, offices, raised ramps and docks.
ACCESSORY DWELLING UNIT means a separate dwelling unit constructed within and subsidiary to the main
use. The main use shall not be a single dwelling, double dwelling, row dwelling, and apartment building.
ACCESSORY USE means a use that is subsidiary to a permitted or discretionary use and that is customarily
expected to occur with the permitted or discretionary use.
ACT unless the context indicates otherwise, means the Urban and Rural Planning Act, 2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or representation,
whether illuminated or not, in the nature of and employed wholly or in part for the purposes of
advertisement, announcement or direction; excluding such things employed wholly as a memorial, or
functional advertisement of Councils, or other local authorities, public utilities and public transport
undertakers, and including any boarding or similar structure used or adapted for use for the display of
advertisements.
AGRICULTURE means an agricultural operation that is carried on for personal use, or for commercial gain
and includes:
(a) the clearing, draining, irrigating or cultivation of land,
(b) the raising of livestock, including poultry,
(c) the raising of fur-bearing animals,
(d) the raising of bees,
(e) the production of agricultural field crops,
(f) the production of fruit and vegetables and other specialty horticultural crops,
(g) the production of eggs and milk,
(h) the operation of agricultural machinery and equipment, including irrigation,
(i) storage, use or disposal of organic wastes (manure) for farm purposes, and
(j) any other agricultural activity or process prescribed by Provincial regulation that is
carried on for gain or reward.
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AMUSEMENT USE means the use of land or buildings equipped for the playing of electronic, mechanical, or
other games and amusements including electronic games, pinball games and slot machine arcades and
billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
(a) 1 dairy cow, bull, sow
(b) 2 heifers, beef cattle
(c) 3 sows, boars
(d) 5 veal
(e) 6 hogs
(f) 7 goats
(g) 8 sheep (ewe)
(h) 16 sheep (lamb)
( i) 40 foxes (w/ liter)
(j) 150 mink
(k) 200 rabbits
ANTENNA means a system that involves the transmission or receiving of data through radio waves, air
monitoring, weather collection devices or other sources, typically forming part of a mast or tower which
may be several hundred metres tall, either guyed or freestanding. Small monitoring structures are typically
located near the base.
APARTMENT BUILDING means a building containing three or more dwelling units but does not include a
row dwelling or a single dwelling with a subsidiary apartment.
APPLICANT means a person who has applied to Council for approval to carry out development.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic arteries of the area
and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map.
APPROVAL IN PRINCIPLE means that Council when considering a development application shall evaluate
the application to the development requirements within the Town. If the proposed development meets the
development requirements of the Town an approval in principle maybe given to the application. Final
approval and issuance of a permit to commence development are subject to the agreement by the
applicant to meet specified conditions as outlined by Council.
AUTHORITY means the Town Council of Bryant's Cove, authorized administrator or regional authority.
BACKLOT means a lot characterized by the location of the residential lot generally at the rear of another
residential lot, or otherwise separated from the public street which provides access, and by a narrower area
extending from the rear residential lot to the public street.
BED AND BREAKFAST means a home occupation in a detached single family dwelling that is occupied by the
property owner as a primary residence, in which not more than 3 rooms are rented and breakfast served to
overnight guests as a commercial enterprise.
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BUFFER means a berm, row of trees or shrubs, hedge, fence, or distance separation that provides a barrier
between incompatible sites, uses or districts.
BUILDING means:
(a) a structure, erection, excavation, alteration or improvement placed on, over or under
land, or attached, anchored or moored to land; mobile structures, vehicles and marine
vessels adapted or constructed for residential, commercial, industrial and other similar
uses;
(b) a part of and fixtures on buildings referred to in (a), and
(c) an excavation of land whether or not that excavation is associated with the intended or
actual construction of a building or thing referred to in subparagraphs (a) to (c).
BUILDING HEIGHT means the vertical distance, in metres, from established grade to the:
(a) highest point of the roof surface of a flat roof;
(b) deck line of a mansard roof; and
(c) mean height level between the eave and ridge of a gable, hip or gambrel roof.
In any case, a Building Height shall not include mechanical structures, smokestacks, steeples, and purely
ornamental structures above a roof.
X
j
BUILDING LINE means a line established by the Council that runs parallel to the street line and is set at the
closest point to a street that a building may be placed. A corner lot is deemed to have a building line
setback on both the primary and flanking streets.
CHILD CARE FACILITY means a building or part of a building in which services and activities are regularly
provided for up to six (6) children as defined in the Child Care Services Act, but does not include a school as
defined by the Schools Act.
COLLECTOR STREET means a street that is designed to link local streets with arterial streets and which is
designated as a collector street in the Municipal Plan, or on the Zoning Map.
CORNER LOT means a lot deemed to have street frontages on both a primary and a flanking (secondary)
street.
CORNER LOT SIGHT TRIANGLE means a corner lot, a fence, sign, hedge, shrub, bush or tree or any other
structure or vegetation shall not be erected or permitted to grow to a height greater t han 1 metres above
grade of the streets that abut the lot within the triangular area included within the street lines for a distance
of 6 metres from the point of intersection.
COUNCIL means the Municipal Council of the Town of Bryant's Cove.
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DEVELOPMENT means the carrying out of building, engineering, mining or other operations in, on, over, or
under land, or the making of a material change in the use, or the intensity of use of land, buildings, or
premises and the:
(a) making of an access onto a highway, road or way,
(b) erection of an advertisement or sign,
(c) construction of a building,
(d) the parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or
as an office, or for living accommodation, and excludes,
(e) the carrying out of works for the maintenance, improvement or other alteration of a
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building,
(f) the carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the
road reservation,
(g) the carrying out by a local authority or statutory undertaker of works for the purpose of
inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus,
including the breaking open of streets or other land for that purpose,
(h) the use of a building or land within the courtyard of a dwelling house for a purpose
incidental to the enjoyment of a dwelling house as a dwelling.
DEVELOPMENT AGREEMENT means a written agreement between the municipality and a developer which
establishes particular circumstances and conditions under which a development may be carried out.
DEVELOPMENT REGULATIONS means Regulations and by-laws respecting development that have been
enacted by Council.
DISCRETIONARY USE means a use that is listed within the discretionary use classes established in the use
zone tables of the Council's Development Regulations.
DOUBLE DWELLING means one building containing two dwelling units, placed one above the other, side by
side, or joined by a carport with separate lot areas dedicated to each unit, but does not include a single
dwelling containing a subsidiary apartment.
DRIVEWAY means a private road for vehicles that connects a house, garage, or other building with a public
road.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used or designed
as the living quarters for one or more persons.
ENGINEER means an engineer who is a member of the Association of Professional Engineers and
Geoscientists of Newfoundland, employed or retained by the Council.
ESTABLISHED BUILDING LINE means the average distance from the street line of existing buildings in any
block where more than half the frontage has been built upon in the past.
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ESTABLISHED GRADE means
(a) where used in reference to a building, the average
elevation of the finished surface of the ground where it
meets the exterior of the front of that building exclusive of
any artificial embankment or entrenchment;
a = highest elevation
b = lowest elevation
c = established grade
(b) where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure, exclusive of any
artificial embankment or entrenchment.
FLANKING STREET means the secondary street bordering a corner lot.
lS
FLOODWAY means the inner portion of a flood risk area where the risk of flood is greatest, on average once
in twenty years and where the flood depths and water velocities are greatest.
FLOODWAY FRINGE means the outer portion of a flood risk area, between the floodway and the outer
boundary of the flood risk area, where the risk of flooding is lower, on average once in one hundred years,
and flood waters are shallower and slower.
FLOOD PROOFING means structural and/or non-structural measures incorporated in the design of a
building or structure which reduce or eliminate the risk of flood damage by ensuring that the ground floor
elevation is higher than the projected flood level and that the building can be exited without hindrance in
the event of a flood.
FLOOR AREA means the total area of all floors of a building measured to the outside face of exterior walls.
FORESTRY means the use of land for the purpose of forest and woodland management including the felling,
cutting, trimming and thinning of forest or woodland for the extraction of timber, and includes reforestation
and silviculture.
FRONTAGE means the horizontal distance between side lot lines measured at the building line.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front wall of the main
building on the lot.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use to a main building
on the lot.
GENERAL GARAGE means land or buildings used for the repair, maintenance and storage of motor vehicles
and may include the sale of petroleum products.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing, assembling, altering,
repairing, manufacturing, fabricating, preparing, processing, testing, salvaging, breaking up, demolishing, or
treating any article, commodity or substance, and "Industry" shall be construed accordingly.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes involving the use of
materials or processes,, which because of their inherent characteristics constitute a special fire, explosion,
radiation or other hazard.
HOME OCCUPATION means the use of part of a dwelling or an accessory building for pursuits compatible
with a domestic household and which is carried on by members of the one family residing in the dwelling
house provided that the uses permitted in a residential area are: office including services performed by a
professional lawyer, accountant, architect, engineer, planner, insurance agent, realtor; salon including
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services provided by a hairdresser, barber, esthetician, beautician; medical such as services provided by a
massage therapist, chiropractor, psychologist; light industrial uses related to arts, crafts and culture,
including dressmaking, weaving, knitting, painting, sculpting, photography; small repair, woodworking and
sign making; dog/cat grooming; instruction in arts, crafts, music and dance; and bed and breakfast
operation. Other uses may be permitted at the discretion of council.
HOBBY FARM means a small-scale farm plot or kitchen garden or barn associated with a residence for bee
keeping, growing root crops or keeping of livestock without being a primary source of income. Livestock on
a hobby farm shall be limited to one animal unit.
INFILL LOT means a typical empty lot between existing dwellings on a residential street. An infill lot may
also mean land available between existing buildings.
INSPECTOR means a person appointed as an inspector by the Council.
LAND includes land covered by water, and buildings and structures on, over, or under the soil and fixtures
that form part of those buildings and structures.
LANDSCAPING means the development of land by altering the topography and ground cover and may
include the use of grass turf, plants, shrubs, trees, retaining walls and fences.
LANDSCAPE PLAN means a two-dimensional scaled concept plan showing the land or lot boundaries which
would include proposed development of the land by using grass turf, plants, shrubs, trees, retaining walls
and fences for aesthetic or practical purposes. A Landscape Plan may include, but not limited to, the
arrangement or modifying land features, such as tree retention or planting, garden edging or retaining,
planting, screening, fencing or earthwork (alteration or drainage).
LIGHT INDUSTRY means the use of land or buildings for industrial use that can be carried out without
hazard or intrusion and without detriment to the amenity of the surrounding area by reason of noise,
vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
LIVESTOCK OPERATION means a livestock operation of agricultural animals confined in one location which
consists of 5 or more animal units at a given point in time.
LOCAL STREET means a street designed primarily to provide access to adjoining land and which is not
designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map.
LONG TERM CARE FACLITY means an institution or a distinct part of an institution which is licensed or
approved to provide health care under medical supervision for twenty-four or more consecutive hours to
two or more patients who are not related to the governing authority or its members by marriage, blood or
adoption.
LOT means a plot, tract or parcel of land that can be considered as a unit of land for a particular use or
building.
LOT AREA means the total horizontal area within the lines of a lot.
LOT COVERAGE means the combined area of all buildings on a lot measured at the
level of the lowest floor above the established grade and expressed as a percentage
of the total area of the lot.
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Lot coverage= Area of A+ Area of B
Lot area
-~----------------~·
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LOT
FRONTAGE
means the horizontal distance
between side lot lines measured at the building line
(the distance between points A and B in illustration at
right).
LOT LINE, REAR means the lot line on the opposite side
of the front lot line.
LOT LINE, SIDE means the lot lines perpendicular to the
front and rear lot lines.
LOT LINE, FLANKING means a lot line which abuts the
street on a corner lot.
Bryant's Cove Development Regulations
'
..................
~ ............. rear lot line .............. -· ........... _
A:
----.:..:..-building line
.
.
. .. ..-·····
A.,---
.
.
.
····-~···-- ' =; ~11 ·
-~···--·
J MINERAL EXPLORATION means the search for and sampling of minerals or quarry materials where the
activity meets the definition of "development'' under the Urban and Rural Planning Act, 2000. "Mineral"
and 'quarry material" are as defined in the "Mineral Act" and the "Quarry Materials Act, 1998. Activities
which meet the definition of mineral exploration {development) are to be contrasted with mineral
exploration activities that do not meet the definition of development.
Examples include traditional
prospecting, geotechnical sampling surveys and airborne geophysical surveys and the cutting of survey lines
~
INERAL WORKING means an operation consisting of the digging for, excavation and removal of quarry
materials, removal of quarry materials previously excavated, stockpiling of quarry materials, processing of
quarry materials, the production of civil construction materials which use quarry materials in their natural
form and the re-processing of quarry materials. "Quarry material", for the purpose of interpreting the
definition of mineral working is as defined in the Quarry Materials Act, 1998. Mineral working does not
include mining but may include mineral exploration (development) as a secondary activity. Mineral working
does not include the excavation and removal of quarry materials as a by-product of an approved
development.
~INING means an operation involving the extraction of mineral for sale and for which a mining lease is
required under the Minerals Act for the purpose of interpreting the definition of mining as defined under
the Minerals Act. Mining may include, as secondary activities, mineral exploration {development) and
mineral working.
MINI HOME means a factory built single dwelling built to Canadian Standards Association standards
designed to be made mobile on a temporary basis, and transported to a site where it is secured to a
permanent foundation to create a permanent residence for one or more persons, but does not include a
mobile home, recreational travel trailer or recreational motor vehicle. Mini home construction shall
conform to the National Building Code and the Town of Bryant's Cove Development Regulations.
MINING means the use of land and buildings for the extraction of ores, salts, and/or petroleum for
which a mining lease has been issued under the Mineral Act, and includes stockpiles of ore, production
facilities, and any other use incidental or accessory to ore extraction and processing activities.
MINISTER shall mean the Minister of Municipal and Provincial Affairs, unless otherwise specified.
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MODULAR HOME means factory built residential dwelling constructed to Canadian Standards Association
standards and manufactured as modules complete with kitchen, bedrooms, bath, etc., as may be pre-set in
a house and transported to the building site for joining and placement on a permanent foundation.
Modular home construction shall conform to the National Building Code and the Town of Bryant's Cove
Development Regulations.
MUNICIPAL PLAN means a plan adopted by the Council as a Municipal Plan pursuant to the Urban and
Rural Planning Act, 2000.
NON-CONFORMING USE means a legally existing use that is not listed as a permitted use or discretionary
use for the use zone in which it is located or which does not meet the development standards for that use
zone.
OWNER means a person or an organization or persons owning or having legal right to use the land under
consideration.
PERMIT TO DEVELOP means the general term referring to all permits or licenses approved by Council and
shall include all conditions, agreements or provisions attached thereto.
PERMITTED USE means a use that is listed within the permitted use classes set out in the use zone tables of
these Development Regulations.
PLANNING AREA means a regional planning area and a municipal planning area established under section 6
and 11 of the Act. For the purpose and context of these regulations, the Planning Area shall mean the area
within the municipal boundaries of the Town of Bryant's Cove.
PRIMARY STREET means the street on which a development fronts and is referenced in the civic address.
PROHIBITED USE means a use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that Council specifies as not permitted within a use zone.
PUBLIC STREET means a main road or thoroughfare owned and maintained by the Authority, such as a
provincial highway or local street, available to the public for pedestrian use or vehicular transportation.
REAR YARD DEPTH means the mean distance between the rear lot line and the rear of the main building on
the lot.
RECREATION OPEN SPACE means any premises (whether private or public) where the principle use is the
provision of outdoor amusements, sports, games, athletic facilities, or other outdoor recreational facilities.
RESTAURANT means a building or part of a building used for the purpose of serving meals and may include
a coffee shop.
ROW DWELLING means three or more dwelling units at ground level in one building, each unit separated
vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal or recreational use and
is not intended for use as permanent living quarters. The provision of on-site water and waste disposal
systems for a seasonal residence shall be the responsibility of the owner and approved by Service NL.
SCREENING means a fence, berm, trees, hedge, wall or building used to separate areas or functions which
detract from the appearance of the streetscape and the view from the surrounding areas.
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SENIOR HOUSING means a residential facility providing shelter for three or more persons aged 60 or over,
in sleeping units and may include meals, housekeeping, personal care, pharmaceutical and recreation
services and transportation. Such facilities may also contain shared kitchen and dining areas and personal
services.
SERVICE STATION means a building, including gas pumps, used for the sale of petroleum products, and may
include general merchandise, minor automotive repairs, and washing of vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the purpose of limiting
direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary purpose is the selling or
offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of retail services
but does not include an establishment wherein the primary purpose is the serving of meals or refreshment s,
an amusement use, a general garage, or a service station.
SIDEYARD WIDTH means the distance between a side lot line and the nearest side wall of a building on the
lot.
SIGN means a word, letter, model, placard, board, device or representation, whether illuminated or not, in
the nature of or employed wholly or in part for the purpose of advertisement, announcement, or direction
and excludes those things employed wholly as a memorial, advertisements or local government, utilities
and boarding or similar structures used for the display of advertisements.
SINGLE DWELLING means one building containing a single dwelling unit for the use of one family, placed on
its own lot, and can include a subsidiary apartment.
SITE PERMIT means a permit issued by the Town of Bryant's Cove for any earth disturbance or other
earthwork including, but not limited to, clearing and grubbing, grading, excavations, embankments, land
development, road maintenance, and the moving, depositing, stockpiling or storing of soil, rock, or earth
materials.
STREET means a street, road, highway or other way designed for
the passage of vehicles and pedestrians, and which is accessible
by fire department and other emergency vehicles.
STREET LINE means the edge of the right of way of a street
reservation as defined by the authority having jurisdiction.
STREET RESERVATION means an area determined by Council that
is reserved for a street, a future street or future street
improvements.
I
.L.-
screer------a-
+---- street reservation ---
street line
screeL line
SUBDIVISION OF LAND means the dividing of land, whether in single or joint ownership, into 2 or more
pieces (including lots), for the purpose of development.
SUBDIVISION (RESIDENTIAL) means a concept proposal to subdivide property into building lots. It generally
shows topographic information, natural features, such as rivers and vegetation, and the proposed lots and
streets. It typically involves the construction of new streets and infrastructure for public use and may
require a development agreement.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary to a single
dwelling.
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TAKE-OUT FOOD means a building in which the primary purpose is the preparation and sale of meals and
refreshments for consumption off the premises.
USE means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE means an area of land including buildings and water designated on the zoning map to
which the uses, standards and conditions of a particular use zone table apply.
VARIANCE means a departure, to a maximum of 10% from the yard, area, lot coverage, setback, size,
height, frontage, or any other numeric requirement of the applicable use zone table of the Council's
regulations.
VETERINARY CLINIC means a building or part of a building used for the care, diagnosis, and treatment of
sick, ailing, infirmed, or injured animals, and those who are in need of surgical or medical attention. Such
clinics may or may not provide kennel boarding services on a short-term basis and shall only be incidental to
the clinic use.
YARD means an open uncovered space on a lot appurtenant to a building (except a court) and unoccupied
by buildings or structures except as specifically permitted elsewhere in these Regulations.
YARD, REAR means the distance between the rear lot line and the rear wall of the main building on a lot.
YARD, SIDE means the distance between the side lot line and the nearest side wall of a building on the lot.
YARD, FRONT means the distance between the front lot line of a lot and the front wall of the main building
on the lot.
YARD, FLANKING means the side yard of a corner lot which side yard extends from the front yard to the
rear yard between the flanking lot line and the nearest main wall of any main building or structure
YARD, ABUTTING means the yard of an abutting lot which shares a lot line of subject property. (see
diagram)
A = Front Yard
B = Reor Yard
C =Side Yard
D = Flanking Yard
E = Buildable Area
F = Abuttin_q Yard
................
' ·, .....
"<
c.,·, .... _
ZONING MAP means the map or maps attached to and forming part of the Town of Bryant's Cove
Development Regulations.
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SCHEDULE B
PLAN-TECH
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Bryant's Cove Development Regulations
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
1. Assembly Uses
(a) Theatre
Motion Picture Theatres
USES
for the
T.V. Studios admitting an audience.
production &
viewing of the
performing
arts.
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2. General
(a) Cultural and
Libraries
Assembly Uses
Civic
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(b)General
Community Halls, Lodge Halls, Dance
Assembly
Halls, Gymnasia, Auditoria
Bowling Alleys
(c) Educational
Schools
Colleges (non- residential)
(d) Place of Worship
Churches and similar places of
worship. And Church Halls
(e) Passenger
Passenger Terminals
Assembly
(f) Club and Lodge
Private Clubs and
Lodges (non-residential)
(g) Catering
Restaurants, Bars, Lounges
(h) Funeral Home
Funeral Homes and Chapels
(i) Child Care
Day Care Centres
(j) Amusement
Electronic Games Arcades
Pinball Parlours
Poolrooms
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GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
3. Arena-type
(a) Indoor Assembly
Arenas
USES
Uses
Armouries
(continued)
Ice Rinks
Indoor Swimming Pools
Gymnasium
Community/Fitness Centre
4. Open-air
(a) Outdoor
Bleachers
Assembly Uses
Assembly
Grandstands
Outdoor Ice Rinks
Outdoor Concert Area
Swimming Pools
Amusement Parks
Fair-grounds/Exhibition Grounds
Splash Pad
Playground
Outdoor Play Courts
Camping Grounds
R. V. Camping Parks
B. INSTITUTION-
1. Penal and
(a) Penal and
Jails, Penitentiaries, Prisons
AL USES
Correctional
Correctional
Police Stations (with detention
I nstitutiona I
Detention
quarters)
Uses
Psychiatric Hospitals (with
detention quarters)
Reformatories
1. Special Care
(a) Medical
Children's Homes
Institutional
Treatment and
Convalescent Homes
Uses
Special Care
Homes for Aged
Hospitals
Infirmaries
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Orphanages
Psychiatric
Hospitals
Sanatoria
C. RESIDENTIAL
1. Residential
(a) Single Dwelling
Single Detached Dwellings
USES
Dwelling Uses
Family & Group Homes
(b) Double Dwelling
Semi-detached Dwelling
Duplex Dwellings
Family & Group Homes
In-Law Suites
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GROUP
C. RESIDENTIAL
USES
(continued)
D. BUSINESS &
PERSONAL
SERVICE USES
DIVISION
2. General
Residential
Uses
(continued)
1. Business,
Professional,
and Personal
Service Uses
CLASS
(c) Row Dwelling
(d)Apartment
Building
(a) Collective
Residential
(b) Boarding House
Residential
(c) Commercial
Residential
(d)Seasonal
Residential
(a) Office
(b) Medical &
Professional
(c) Personal Service
(d)General Service
Bryant's Cove Development Regulations
EXAMPLES
Row Houses
Town Houses
Family & Group Homes
Apartments
Family & Group Homes
Residential
Colleges & Schools
University & College Halls
of Residence
Convents & Monasteries
Nurses and Hospital Residences
Boarding Houses
Lodging Houses
Bed and Breakfast
Hospitality Home
Hotels & Motels
Hostels
Residential Clubs
Summer Homes & Cabins
Hunting & Fishing Cabins
Offices (including Government
Offices) Banks
Medical Offices and Consulting
Rooms, Dental Offices & Surgeries
Legal Offices
Similar Professional Offices
Barbers
Hairdressers, Beauty Parlours
Small Appliance Repairs
Pet Grooming
Self-service Laundries
Dry Cleaners (not using flammable
or explosive substances)
Small Tool and Appliance Rentals
Travel Agents
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GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
1. Business,
(e) Communications
Radio Station, Telephone Exchanges
PERSONAL
Professional &
SERVICE USES
Personal
(f) Police Station
Police Stations
(continued)
Service Uses
(continued)
(g) Taxi Stand
Taxi Stands
(h)Take-out Food
Take-out Food Service
Service
(i) Veterinary
Veterinary Surgeries/clinics
E. MERCANTILE
1. Retail Sale and
(a) Shopping Centre
Shopping Centres
USES
Display Uses
(b)Shop
Retail Shops, Stores, Showrooms
Department Stores
(c) Indoor Market
Market Halls
Auct ion Halls
(d) Outdoor Market
Market Grounds
Animal Markets
Produce and Fruit Stands
Fish Stalls
Sale of Firewood
Sale of Garbage Box
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Sale of New or Used Automobiles
(e) Convenience
Confectionary Stores
Store
Corner Stores
Gift Shops
Specialty Shops
F. INDUSTRIAL
1. Industrial uses
(a) Hazardous
Bulk Storage of hazardous
USES
involving
Industry
liquids and substances.
highly
Chemical Plants
combustible
Distilleries
and hazardous
Feed Mills
substances
Lacquer, Mattress, Paint, Varnish,
and processes.
and
Rubber Factories
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Spray Painting
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Bryant's Cove Development Regulations
GROUP
DIVISION
CLASS
EXAMPLES
2. General
(a) General Industry
Factories
Industrial Uses
Cold Storage Plants
involving
Freight Depots
Limited
General Garages
Hazardous
Warehouses
Substances
Workshops
and Processes.
Laboratories
Laundries
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Plaining Mills
Printing Plants
Contractors' Yards
Outdoor Storage
Heavy Equipment Storage
Temporary Workers Housing
(b)Service Station
Gasoline Service Stations
Gas Bars
(c) Rural Industrial
Industrial uses associated with rural
activities, such as equipment storage
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and repair
3. Light, Non-
(a) Light Industry
Light Industry
hazardous or
Parking Garages
Non-intrusive
Indoor Storage
Industrial
Warehouses and Workshops
Uses.
G. NON-
1. Uses not
(a) Agriculture
Commercial Farms
BUILDING
directly
Hobby Farms
USES
related to
Market Gardens & Nurseries
building.
(b) Forestry
Tree Nurseries, Silviculture
(c) Mineral Working
Quarries and Pits
Mines
Oil Wells
(d) Recreational
Playing Fields
Open Space
Sports Grounds
Parks
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GROUP
DIVISION
CLASS
EXAMPLES
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural, Historical &Scenic
Sites
Steep Slopes
Wildlife Sanctuaries
(f) Cemetery
Cemeteries and Graveyards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
(h)Wind Power
Wind Turbine(s)
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(i) Solid Waste
Solid Waste Disposal
Sanitary Land Fill
Incinerators
(j) Animal
Animal Pounds
Kennels
Zoos
Dog Grooming
(k) Antenna
TV, Radio and Communications
Transmitting, Receiving Masts and
Antennae
(I) Transportation
Airfields
Railway Yards
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Docks and Harbours
(m) Sewerage
Sewerage Treatment Plant
treatment
Sewerage Outfall
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SCHEDULE C
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TOWN OF BRYANT'S COVE
SCHEDULE "C" - STANDARD CONDITIONS FOR ALL USE ZONES
The following conditions shall apply to all use zones listed under these Development Regulations.
1. General Development Regulations
An Approval in Principle or a Permit to Develop shall not be issued until the development application
has been reviewed for compliance with the General Development Regulations, Parts 1-V.
2.
Interpretation of Zone Boundaries
Where possible the boundaries of the use zones follow identified features such as streets, fences,
watercourses, transmission lines, or lot lines. Where there is any uncertainty, contradiction, or conflict
concerning the intended location of a zoning boundary, the Authority shall interpret the exact location
of the zoning boundary in a manner that is consistent with the intent and policies of the Municipal
Plan without amendment to the Land Use Zoning Map.
3. Discretionary Uses
/
The discretionary uses listed in the use zone tables may be permitted at the discretion of Council,
provided that they are complementary to uses within the permitted use class, or that their
development will not inhibit or prejudice the existence or the development of such uses. Reference
should be made to the General Development Standards.
/
4. Referrals - General Approvals by Provincial and Federal Government Agencies and Departments
Prior to the issuance of a development permit for the foregoing developments, approvals must be
obtained from the various agencies noted below:
i)
Agriculture and Farming
Approvals must be obtained from the Department of Fisheries, Forestry and
Agriculture for any commercial farming operation. Service NL must approve all
manure systems.
ii)
Crown Land
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Approvals must be obtained from the Crown Lands Administration Division,
Department of Fisheries, Forestry and Agriculture. Applications are made to the
Eastern Regional Lands Office, Howley Building, St. John's.
iii)
On-Site Services (Well and Sub-Service Systems)
Approvals involving installation of on-site water and sewer systems must be obtained
from the Service NL.
Bryant's Cove Development Regulations
iv)
Environmental Assessment
Approvals for any development that may have an environmental impact must be
referred to Environmental Assessment, Service NL, and/or the Environmental
Assessment Division, Department of Environment and Climate Change.
v)
Forestry
Permits for commercial and domestic woodcutting or other forestry related activities
must be obtained from the Department of Fisheries, Forestry and Agriculture, Forest
Management Unit.
vi)
Mineral Workings, Mining and Mineral Exploration
Approvals and permits involving mining and quarrying and other development
proposed to take place within 50 metres of a reserved sand or gravel pit or quarry;
within 300 metres of an operational sand or gravel pit or quarry; or within 1000 meters
of a quarry in which blasting may take placemust be obtained from the Department of
Industry, Energy and Technology, Mineral Lands Division.
vii) Archaeology Discovery
During site excavation any artifacts or physical structures found of a historical nature
shall be reported to the Provincial Archaeology Office, Department of Tourism,
Culture, Arts and Recreation.
viii) Waterways
Any development within a body of water involving alteration of a body of water must
be approved or exempted by the following agencies:
Provincial
Department of Environment and Climate Change, Water Resources Division
- for any development within fifteen (15) metres of a body of water or the
defined high water mark of a body.
Federal
Department of Fisheries and Oceans
Coast Guard Canada - Navigable Waters Act.
Fish Habitat Division
ix)
Wellhead Protection
Any development within 300 metres of the wellheads identified on the zoning land use
map must be referred to the Water Resources Management Division, Department of
Environment and Climate Change for approval under the Water Resources Act, 2002
5.
Development Over Easements
No permanent building shall be constructed over any known easement, whether that easement has
been assigned to the Town of Bryant's Cove, a department of the provincial or federal government,
or any utility company (ie: Newfoundland Power, telephone, cable television, Crown land). Permanent
buildings include, but are not limited to, all dwellings and accessory buildings.
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6. Conservation of Natural Environment and Aesthetic Areas
Council may require agreements with developers and property owners aimed at preserving sensitive
environmental areas and natural scenic areas. These areas may include sensitive vegetation, fish
habitat, or water quality. Such agreements may include provisions such as designating of local
conservation areas, maintenance of tree cover and maintenance of tree cover along rear yards,
rivers, streams and shorelines.
7.
Shoreline Buffers
Generally, no development will be permitted within 15 metres of rivers or streams, or shoreline of
lakes and ponds. Certain public works and passive recreational open space uses may be permitted
as long as they will not be detrimental to the environmental and aesthetic quality of the area.
Development of these areas will be subject to the approval of the federal Department of Fisheries
and Oceans, and/or the Department of Environment and Climate Change.
8. Transmission Lines and Power Corridor Easements
Transmission lines and power corridor easements shall be permitted in all land use zones.
9. Transportation Uses
Transportation uses such as roads associated with the construction and maintenance of
transmission lines and power lines and other permitted or discretionary uses associated within the
land use zone shall be at the discretion of Council.
10. Land Use Zones
The schedule contains tables for the following Use Zones:
Land Use Zone
Abbreviation
Page
Residential
RES
52
Recreation
REC
58
Conservation
CON
59
Rural
RUR
60
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Residential Zone
RESIDENTIAL (RES) - Use Zone Table
PERMITTED USE CLASSES - (see Regulation 89)
Single Dwelling, Recreation Open Space.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Double Dwelling, Row Dwelling, Mini Home and Modular home, Place of Worship, Educational,
Convenience Store, Child Care Facility, Home Occupation (see Schedule A), Long Term Care Facility,
Senior Housing, Restaurant/Coffee Shop, Utilities, Antenna, Traditional Agriculture (see condition).
STANDARDS
Lot area (m2)(minimum)
1860
Lot area (m2)(minimum) piped water
1400
Floor area (m2)
80*
Public Road Frontage (m)(minimum)
30
Public Road Frontage (m)(minimum)
30
Piped water
Building Line Setback (m)(minimum)
8
Building Line Setback (m)(maximum)
30
Side-yard Width (m)(minimum)
3
Rear-yard Depth (m)(minimum)
9
Lot Coverage (%)
33
Building Height (m)(maximum)
10
*
Per dwelling unit
CONDITIONS FOR RESIDENTIAL ZONE
1. Subsidiary Apartments
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(a) One subsidiary apartment may be permitted in a single dwelling.
(b) For the purpose of calculating lot area and yard requirements, the apartment shall be
considered part of the single dwelling.
(c) A minimum of one additional off-street parking spaces shall be required for the
apartment or more at the discretion of Council.
(d) The minimum floor area required is 40m2 for a one-bedroom subsidiary apartment, plus
10m2 for each additional bedroom.
(e) For lots without municipal water and sewer services, Service NL shall determine water
and sewerage disposal requirements and a permit will be issued subject to its approval.
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2. Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have two street frontages
and shall be required to maintain the minimum building line setback on both the primary and
flanking streets as prescribed in the use zone table.
3. Discretionary Uses Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are compatible or complementary to uses within the permitted use classes or
that their development will not inhibit or prejudice the existence or the development of such uses.
4. Public Street and Dwelling Frontage
(a) All residential development shall front on a public maintained street.
(b) The front foundation wall of a dwelling shall be parallel to the street on which it is
fronting and has a civic number.
5. Long Term Care Facility and Senior Housing
(a) Long Term Care Facilities and Senior Housing Uses shall only be permitted at the
discretion of Council.
(b) Long Term Care and Senior Housing facilities shall be limited to apartment style
residence, cottage, or duplex style buildings for persons requiring long term care,
independent seniors living, and homes for the aged.
(c) Off street parking space shall be provided at the discretion of Council; however, a
minimum of one parking space for every four (4) for every dwelling units is required.
(d) development shall be designed and maintained to a high standard with regard to safety
and appearance.
(e) Access points to the street shall be limited in number and designed for maximum safety
of pedestrians and vehicles.
(f) Where necessary, screening shall be required through the provision of trees, shrubs,
berms, landscaping or fencing between uses that are non-compatible.
6. Accessory Buildings
(a) All accessory buildings shall have a maximum combined floor area of 90m2 (1000 sq ft).
(b) Accessory buildings shall be located on the same lot as the residential dwelling and shall
be complementary to the main use of the residential dwelling in character, use, style
and exterior finish.
(c) Accessory buildings shall have a maximum height of 6 metres with a minimum of lm
from any property line and 2m from the nearest corner of a residential dwelling.
(d) Accessory buildings (private garages only) may be permitted in the sideyard at Council
discretion, but not in the flanking sideyard of a corner lot.
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(e) Residential lots may have more than one accessory building provided that the maximum
combined floor area of all buildings shall not be greater than the maximum area as set
out in the General Development Regulations and this Land Use Zone Table.
(f) Accessory buildings shall be strictly prohibited for use as performing motor vehicle or
heavy equipment repairs, auto painting, dismantling or scrapping of vehicles or other
machinery.
7. Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied by a
permitted use or a legal non-conforming use shall be as follows:
(a) The size, shape, illumination and material construction of the advertisement shall meet
the requirements of Council, having regard to the safety and convenience of users of
adjacent streets and sidewalks, and the general amenities of the surrounding area.
(b) No advertisement shall exceed 1.5 m2 in area.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
8. Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
(a) No advertisement shall exceed 1.5 m2 in area.
(b) When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to, the premises to which they relate.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
(d) The location, siting and illumination of each advertisement shall be to the satisfaction of
Council, having regard to the grade and alignment of streets, the location of street
junctions and nearby buildings, and amenities of the surrounding area.
9. Convenience Store
Convenience stores will only be permitted as a discretionary use under the following conditions:
(a) Convenience Store may form part of the residential dwelling or be a stand-alone
building.
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(b) The retail use shall be subsidiary to the residential character of the area and shall not
affect residential amenities of adjoining properties.
(c) Adequate provision for onsite parking, loading, buffering and landscaping.
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10. Restaurant/Coffee Shop
Restaurant /coffee shop uses shall be permitted as a discretionary use within the Residential land
use zone and shall be subject to the following conditions:
(a) Provision for off-street parking shall be required as per Schedule D of these Regulations;
and
(b) The restaurant or coffee shop operation shall be as specified by Council and subject to
the conditions as outlined in the Development Permit issued by Council.
11. Home Occupation
A Home Occupation is defined as an accessory use to a residential dwelling consisting of an
occupation or profession which generates revenue for the resident. Businesses operating in the
dwelling, or in a building subsidiary to the dwelling on the same lot, by the occupants of the
dwelling, shall meet the following requirements.
(a) Home occupation uses shall be limited to small business offices, professional and
personal services, light industrial uses, repairs and woodworking, and bed and breakfast
uses, as defined in Schedule A - Definitions.
(b) The use is clearly subsidiary to the residential use, does not alter the residential
character of the dwelling unit, and does not detract from the residential character of the
neighbourhood.
(c) Activities associated with the use shall be carried on inside the dwelling or in a building
separate from the dwelling.
(d) One building only, separate from the dwelling, may be used in connection with a service
use and shall conform to the Accessory Buildings condition height and floor area limit
for this zone. Child care use shall be carried out in the dwelling unit or be attached to
the dwelling unit.
(e) Except for child care and bed and breakfast, no more than 25% of the total gross floor
area of the dwelling is devoted to the use.
(f) There is no visible evidence of the conduct of such home occupation other than one
sign, not exceeding 0.09 m2 (one square foot) in area, non-illuminated and mounted flat
against the wall of the principal building.
(g) Additional staff is limited to one employee who is not a resident of the dwelling unit.
(h) No wholesale sales or storage of goods is carried out, any retail sales are incidental and
subsidiary to the approved use.
(i) The residential lot has sufficient area to accommodate the parking requirements of the
dwelling unit and the home occupation.
(j) Activities associated with the use are not hazardous and do not cause noticeable noise,
odour, dust, fumes, or inconvenience to occupants of adjoining residences.
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12. Child Care Facility
A child care facility, in which services are regularly provided to children, is subject to the following
conditions:
(a) The operation is in accordance with all applicable provincial laws and regulations.
(b) The use will not occupy more than 70 m2 or 40% of the floor area, whichever is less.
(c) Provision for off-street parking will be required as per the off-street parking
requirements of these Regulations.
(d) The drop-off and pick-up of children will not interfere with the free flow of vehicular
traffic.
(e) The use is not located adjacent to or near hazardous, dangerous, or incompatible uses
such as heavy industrial uses, service stations, garages, night clubs, and amusement
uses.
13. Bed and Breakfast
A bed and breakfast use is considered a Home Occupation, and may be permitted as a discretionary
use to provide room and board for the travelling public, under the following conditions:
(a) The use does not detract from the residential character of the neighbourhood;
(b) The use is carried out by the owner of the dwelling unit;
(c) One parking space shall be provided for each guest room on the lot;
(d) The parking area will be screened by a fence, hedge, or other landscaping;
(e) The maximum number of guest rooms shall be three (3), and
(f) The establishment shall be licensed under the Tourist Establishment Regulations, as
amended from time to time.
14. Buffer (around Waterways and Waterbodies)
No development will be permitted within 15 metres of the high-water mark of rivers or streams, or
within 15 metres of the shoreline of ponds, with the exception of conservation structures such as
those designed to control flooding and erosion as well as bridges, pathways, and public services.
Development of marine or water related uses such as wharfs, slipways, boathouse, etc. may be
permitted. All development occurring within these limits is subject to the approval of Council and
the Department of Environment and Climate Change.
15. Mini homes and Modular homes
Mini homes and/or Modular homes shall:
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(a) be Canadian Standards Association approved;
(b) conform to the National Building Code; and
(c) be erected on a fixed foundation.
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16. Traditional Agricultural Use
(a) Traditional small-scale hobby and subsistence agricultural uses may be permitted within
this zone. The minimum lot area required for a particular use shall be determined by
Council.
(b) Land uses such as the keeping of livestock (farm animals), shall be at the discretion of
Council. Existing livestock uses associated with traditional farming shall be allowed to
continue as a non-conforming use.
(c) Traditional agricultural uses such as root cellars may be permitted as stand-alone
structures and at the discretion of Council, provided it can be clearly demonstrated that
the root cellar is ancillary to an existing small-scale hobby and/or subsistence
agricultural use. The height of traditional root cellars shall be no more than 2 m with a
floor area of no more than 12 m2.
(d) Agricultural uses such as the keeping of chickens for personal use may be permitted at
the discretion of Council. The number of egg laying chickens shall be limited to six (6).
Roosters shall be prohibited.
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Recreation Zone
RECREATION {REC) - Use Zone Table
PERMITTED USE CLASSES - (see Regulation 89)
Recreation Open Space and Conservation.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Indoor Assembly, Outdoor Assembly, Cultural and Civic, Take-out Food Service, and Antenna.
CONDITIONS FOR RECREATION ZONE
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are complementary to permitted uses and will not inhibit or prejudice the
existence or development of permitted uses.
2. Accessory Building
Accessory buildings shall be located a minimum of 3 metres from the nearest part of the main
building and a minimum of 1 metre from a side and rear lot line and a maximum height of an
accessory building shall be 5 metres.
3. Take-Out Food Service
A take-out food service use may be considered on a discretionary basis provided it serves
recreational activities only.
4. Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high-water mark of rivers or streams, or
within 15 metres of the shoreline of ponds, with the exception of conservation structures such as
those designed to control flooding and erosion as well as bridges, pathways, and public services.
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Conservation Zone
CONSERVATION (CON) - Use Zone Table
PERMITTED USE CLASSES - (see Regulation 89)
Conservation.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Agriculture, Forestry, Transportation, Cemetery, and Antenna.
CONDITIONS FOR CONSERVATION ZONE
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are complementary to permitted uses and will not inhibit or prejudice the
existence or development of permitted uses.
2. Agricultural Use
Traditional small-scale hobby and subsistence agricultural uses may be permitted such as vegetable
gardens. Areas of steep slope where soil erosion may occur shall not be developed for agriculture
uses unless a soil erosion program can be developed and implemented.
3. Transportation
At the discretion of Council, transportation uses such as sheds and wharves maybe developed along
the coastline at the discretion of Council provided they are marine related and small scale in nature.
4. Accessory Building
An accessory building may be permitted at the discretion of council and shall have a maximum floor
area of 20 m2- Accessory buildings shall be located a minimum of 3 metres from the nearest part of
the main building and a minimum of 1 metre from a side and rear lot line and a maximum height of
an accessory building shall be 4 metres.
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Rural Zone
RURAL (RUR) - Use Zone Table
PERMITTED USE CLASSES - (see Regulation 89)
Agriculture, Forestry, Mineral Exploration and Mineral Working, Recreation Open Space, Cemetery,
Veterinary Clinic, and Conservation.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Single Dwelling (subject to conditions), Outdoor Market, Outdoor Assembly, Animal, Utilities,
Transportation, and Antenna.
CONDITIONS FOR RURAL ZONE
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided t hat they are complementary to permitted uses and will not inhibit or prejudice the
existence or development of permitted uses.
2. Development Standards
The development standards for uses in t his zone shall be determined case-by-case and shall
conform to the standards for the same uses in other zones.
3. Single Dwellings
Single residential dwellings may be permitted only in conjunction with a permitted use such as
agriculture. The agricultural uses shall be a commercial business and the full-time farmer shall
obtain a minimum of 50 % of his or her gross income from the farm operation. The agricultural
operation shall be in operation for a minimum of two years before Council will approve any
resident ial development.
4. Mineral Exploration and Mineral Workings
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(a) Effective t ree buffers shall be maintained around the periphery of any mineral working.
Where trees are not present to create an effective screen, Council may require the
installation of a landscaped embankment or fence.
(b) Topsoil removed for mineral working shall be retained for restoration of the sit e.
(c) No mineral working shall be conducted which causes danger or nuisance to the public.
(d) Proposed mineral working operations will be evaluated carefully by Council in
conjunction with the Department of Industry, Energy and Technology.
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(e) No mineral working shall unacceptably reduce the quality of water in a watercourse or
waterbody. Any access road which crosses a watercourse shall have a bridge or culvert
according to the regulations of the Department of Environment and Climate Change.
(f) No mineral working shall result in the excavation of land below the level of the water
table nor cause the ponding of water. However, settling ponds may be permitted with
the approval of the Department of Environment and Climate Change.
(g) No mineral working shall be carried out in a manner which causes the erosion of
adjacent land.
(h) No mineral working shall be carried out in a manner which causes the erosion of
adjacent land.
(i) Upon completion of mineral working, and when there is no intention to re-open such
operations, all buildings and machinery shall be removed from the site and the site
restored so as not to constitute a danger to the public or present an unsightly
appearance.
5. Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied by a
permitted use or a legal non-conforming use shall be as follows:
(a) The size, shape, illumination and material construction of the advertisement shall meet
the requirements of Council, having regard to the safety and convenience of users of
adjacent streets and sidewalks, and the general amenities of the surrounding area.
(b) No advertisement shall exceed 5 m2 in area.
6.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
(a) No advertisement shall exceed 3 m2 in area.
(b) When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to, the premises to which they relate.
(c) The location, siting and illumination of each advertisement shall be to the satisfaction of
Council, having regard to the grade and alignment of streets, the location of street
junctions and nearby buildings, and the amenities of the surrounding area.
7. Accessory Building
An accessory building may be permitted at the discretion of council and shall have a maximum floor
area of 20 m2- Accessory buildings shall be located a minimum of 3 metres from the nearest part of
the main building and a minimum of 1 metre from a side and rear lot line and a maximum height of
an accessory building shall be 4 metres.
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SCHEDULE D - OFF-STREET PARKING REQUIREMENTS
ASSEMBLY USE CLASS
(a) Theatre
Two spaces for every 5 seats
(b) Cultural and Civic
One space for every 50m2 of gross floor area
K - 12 - 3 spaces for every classroom.
(c) Educational
Other facilities - 1 space for every 5 persons using the facilities
(students, faculty and staff)
(d) Place of Worship
Two spaces for every 5 seats
(e) Passenger Assembly
As specified by the Council
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(f) Private Club
One space for every 3 persons that may be accommodated at one
time
(g) Catering
One space for every 3 persons that may be accommodated at one
time
(h) Lounges and Bars
One space for every 3 persons that may be accommodated at one
time
(i) Funeral Home
One space for every 10m2 of gross floor area
(j) Child Care
One space for every 20m2 of gross floor area
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(k) Amusement
One space for every 10m2 of gross floor area
(I) Indoor Assembly
One space for every 10 persons that may be accommodated at one
time
(m) Outdoor Assembly
As specified by the Council
INSTITUTIONAL USE CLASS
(a) Detention Centre
As specified by the Council.
(b) Medical Treatment and Special Care
One space for every 20m2 of gross floor area
(c) Special Care
One space for every bed
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(d) Collective Residential
As specified by the Council
RESIDENTIAL USE CLASS
(a) Single Dwelling
Two spaces for every dwelling unit
(b) Double Dwelling
Two spaces for every dwelling unit
(c) Row Dwelling
Two spaces for every dwelling unit
(d) Apartment Building
Three spaces for every 2-dwelling units
(e) Subsidiary Apartment
One space for every apartment unit
(f) Hospitality Home
As specified by the Council
(g) Boarding House Residential
One space for every residential unit
(h) Mobile Home
Two spaces for every residential unit
BUSINESS AND PERSONAL SERVICES USE CLASS
(a) Office
One space for every 20m2 of gross floor area
(b) Professional Service
One space for every 20m2 of gross floor area
(c) Personal Service
One space for every 20m2 of gross floor area
(d) General Service
One space for every 20m2 of gross floor area
(e) Communications
As specified by the Council
(f) Home Occupation
Minimum of 1 space per non-resident employee
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COMMERCIAL USE CLASS
(a) Shopping Centre
One space for every 20m2 of gross floor area
(b) Shop
Min. of 2 spaces plus one space for every 20m2 of gross floor area
(c) Convenience Store
Min. of 2 spaces plus one space for every 20m2 of gross floor area
(d) Take-Out Food
Min. of 2 spaces plus one space for every 15m2 of gross floor area
(e) Vending Stand
Minimum of 2 spaces plus additional as specified by the Council
(f) Indoor Market
As specified by the Council
(g) Outdoor Market
As specified by the Council
(h) Service Station
One space for every 20m2 of gross floor area
(i) Commercial Residential
One space for every rental room
INDUSTRIAL USE CLASS
(a) Hazardous Industry
One space for every employee, plus 3
(b) General Industry
One space for every employee, plus 3
(c) Light Industry
One space for every employee, plus 3
NON-BUILDING USES
(a) Outdoor Recreation
As specified by the Council
(b) Conservation
As specified by the Council
(c) Cemetery
As specified by the Council
(d) Scrap Yard
As specified by the Council
(e) Animal
Min. of 2 spaces plus one space for every 20m2 of gross floor
area
(f) Transportation
As specified by the Council
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