Buchans, Newfoundland and Labrador
· adopted 2012-10-29
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TOWN OF BUCHANS
DEVELOPMENT REGULATIONS
IMPORTANT: To see if there were any changes to
this plan since it came into effect, please ref er to:
List of Development Regulation Amendments
URBAN AND RURAT, PLANNING ACT, 2000
RESOLUTION TO APPROVE
TOWN OF BUCHANS
DEVELOPMENT REGULATIONS
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning Act 2000,
tbe Town Council of Buchans
a)
adopted the Buchans Development Regulations on the 29th.day of October, 2012.
b)
gave of the adoption of the Buchans Development Regulations by advertisement inserted on the
15th day and the 22"d day of November, 2012 in the Advertiser newspaper.
c)
set the 29th day of November, 2012 at 7:00 p.m. at the Curling Rink, Buchans for the holding ofa
public hearing to consider objections and submissions.
Under the authority of Section 23 of the Urban and Rural Planning Act. 2000, the Town Council of
Buchans approves the Buchans Development Regulations.
SIGNED AND SEALED this 12th day of December, 2012
Derm Corbett
(Council Seal)
Clerk:~~
David Whalen
URBAN AND RURA.L PLA.NNING ACT, 2000
RESOLUTION TO ADOPT
TOWN OF BUCHANS
DEVELOPMENT REGULATIONS
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town Council of
Buchans adopts the Buchans Development Regulations.
Adopted by the Town Couneil of Buchans on the 29th day of October, 2012.
Signed and sealed this 12th day of December, 2012
MayoG~
Derm Corbett
(Council Seal)
Clerk: ~lb~
David Whalen
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Buchans Development Regulations have been prepared in accordance with the
requirements of the Urban and Rural Planning Act, 2000.
MCIP:
TOWN OF BUCHANS
DEVELOPMENT REGULATIONS 2012-2022
TABLE OF CONTENTS
Regulatio11
Page
APPLICATION
1.
Short Title .............................................................................................................. 1
2.
Interpretation .......................................................................................................... 1
3.
Commencement ...................................................................................................... 1
4.
Ministerial Development Regulations ..................................................................... 1
5.
Municipal Code and Regulations ............................................................................ 1
6.
Council ................................................................................................................... 1
PART I- GENERAL REGULATIONS
7.
Compliance with Regulations ................................................................................ 2
8.
Permit Required ..................................................................................................... 2
9.
Permit to be Issued ................................................................................................. 2
10.
Permit Not to be Issued in Certain Cases ............................................................... 2
11.
Discretionary Powers of Council .......................................................................... 2
12.
Variances ................................. : ............................................................................. 3
13.
Notice of Variance ................................................................................................. 3
14.
Service Levy ........................................................................................................... 4
15.
Financial Guarantees by Developer ....................................................................... 4
16.
Dedication of Land for Public Purposes ................................................................ 5
17.
Restoration of Land ................................................................................................ 5
18.
Form of Application ............................................................................................... 5
19.
Register of Application ........................................................................................... 6
20.
Deferment of Application ...................................................................................... 6
21.
Approval in Principle ............................................................................................. 6
22.
Development Permit .............................................................................................. 7
23.
Temporary Use Permit ............................................................................................ 8
24.
Permit Fees .............................................................................................................. 8
25.
Compliance with Legislation ................................................................................. 8
26.
Reasons for Refusing Permit ................................................................................. 9
27.
Notice of Right to Appeal ...................................................................................... 9
28.
Appeals ................................................................................................................... 9
29.
Return of Appeal Fee ............................................................................................. 9
30.
Notice of Application .......................................................................................... 10
31.
Right of Entry .......................... : ............................................................................ I 0
32.
Record of Violations ............................................................................................ 11
33.
Stop Work Order and Prosecution ....................................................................... 11
34.
Delegation of Powers ........................................................................................... 11
PART II-GENERAL DEVELOPMENT STANDARDS
3 5.
Access Ramps and Decks .................................................................................... 12
36.
Consideration of the Needs of Disabled and Elderly Persons ............................. 12
37.
Accesses and Service Streets ............................................................................... 12
38.
Accessory Buildings .............................................. : ............................................. 12
39.
Accessory Uses ................................................................................................... 13
40.
Home Occupations .............................................................................................. 14
41.
Childcare Service .................................................... ............................................ 15
42.
Bed and Breakfast Establishment ....................................................................... 15
43.
Archaeological Sites ............................................................................................. 16
44.
Buffer Strips ......................................................................................................... 16
45.
Building Lines and Setbacks ................................................................................ 16
46.
Multiple Uses on One Lot .................................................................................... 17
47.
Main Buildings on a Lot ...................................................................................... 17
48.
Comprehensive Development .............................................................................. 17
49.
Personal Care or Group Home .............................................................................. 18
50.
Height Exceptions ................................................................................................ 18
51.
LotArea ............................................................................................................... 18
52.
Lot Frontage .......................................................................................................... 18
53.
Mineral Exploration .............................................................................................. 19
54.
Non-Conforming Use ........................................................................................... 19
55.
Offensive and Dangerous Uses ............................................................................ 21
56.
Parks and Playgrounds and Conservation Uses ................................................... 21
57.
Screening and Landscaping ................................... : .............................................. 21
58.
Services and Public Utilities ................................................................................ 21
59.
Energy Generation Facilities ................................................................................. 22
60.
Service Stations and Petroleum Dispensing Facilities ......................................... 22
61.
Site Development Requirements ........................................................................... 23
62.
Street Construction Standards ............................................................................... 24
63.
Development Adjacent to a Wetland or Watercourse ........................................... 24
64.
Line of Vision at Intersections ............................................................................. 24
65.
Areas with Contaminated Soil .............................................................................. 24
PART III - SUBDIVISION O.F LAND
66.
Application of Part III .......................................................................................... 25
67.
Subdivision Permit Required ................................................................................ 25
68.
Services to be Provided ........................................................................................ 25
69.
Subdivision Permit Subject to Considerations ..................................................... 25
70.
Bllilding Pennits Required ................................................................................... 26
71.
Form of Application ............................................................................................. 26
72.
Subdivision Subject to Zoning ............................................................................. 26
73.
Structure in Street Reservation ............................................................................. 26
74.
Subdivision Design Standards ............................................................................. 27
75.
Engineer to Design Works and Certify Construction Layout .............................. 27
76.
Developer to Pay Engineer's Fees and Charges ................................................... 28
77.
Transfer of Streets and Utilities to Council ......................................................... 28
78.
Restriction on Sale of Lots ................................................................................... 28
PART IV - USE ZONES
79.
Use Zones ............................................................................................................. 29
80.
Map Interpretation ................................................................................................. 29
81.
Use Classes .......................................................................................................... 29
82.
Permitted Uses ..................................................................................................... 29
83.
Discretionary Uses ............................................................................................... 30
84.
Uses Not Pennitted .............................................................................................. 30
85.
Similar Uses to Permitted and Discretionary Uses ............................................... 30
SCHEDULES
SCHEDULE A - Definitions
SCHEDULE B- Classification of Uses of Land and Buildings
SCHEDULE C - Use Zone Tables
SCHEDULE D - Parking and Off-Street Loading
SCHEDULE E - Ministerial Development Regulations
Town of Buchans
Development Regulations 2012-2022
1.
Short Title
TOWN OF BUCHANS MUNICIPAL PLAN
DEVELOPMENT REGULATIONS
APPLICATION
APPLICATION
These Regulations may be cited as the Buchans Development Regulations.
2.
Interpretation
(I)
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 that 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 Buchans 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.
Ministerial Development Regnlations
The Ministerial Development Regulations (Ministerial Regulations), enacted under Section
36 of the Act, shall apply to development within the Planning Area. Where there is conflict
between these and the Buchans Development Regulations, the Ministerial Regulations shall
prevail. The Ministerial Development Regulations are included with the Buchans
Development Regulations.
5.
Municipal Code and Regulations
The building regulations, fire regulations, and any other municipal regulations controlling the
development, conservation and use ofland, shall, under these Regulations, apply to the entire
Buchans Municipal Planning Area. The National Building Code of' Canada, the Fire Code of
Canada, and all ancillary codes and regulations, shall also apply to the entire Buchans
Municipal Planning Area.
6.
Council
In these Regulations, "Council" means the Municipal Council of the Town of Buchans.
Town ofBuchans
Development Regulations 2012-2022
PART I - GENERAL REGULATIONS
PART I
GENERAL REGULA TIO NS
7.
Compliance with Regulations
No development shall be carried out within the Planning Area except in accordance with
these Regulations.
8.
Permit Required
No person shall carry out any development within the Planning Area except where otherwise
provided in these Regulations unless a pem1it for the development has been issued by
Council.
9.
Permit to be Issued
Subject to Regulations 10 and 11, a permit shall be issued for development within the
Planning Area that conforms to the requirements of these Regulations, including:
(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, requirem·
ents, 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 National Building Code, other 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 subdivision:
(e)
The standards of design and appearance established by Council.
1 O.
Permit not to be Issued in Certain Cases
Neither a perm it nor approval in principle shall be issued for development within the
Planning Area when. in the opinion of Council, it is premature by reason of the site lacking
adequate road access, power, drainage, sanitary facilities, or domestic water supply, or being
beyond the natural development of the area at the time of application unless the applicant
contracts to pay the full cost of construction of the services deemed necessary by Council and
such cost shall attach to and upon the property in respect of which it is imposed.
11.
Discretionary Powers of Council
(I)
In considering an application for a development permit or approval in principle,
Council shall take into account the policies of the Municipal Plan and any further
Buchans Development Regulations· Page 2
Town of Buchans
2012-2022
PART I
GENERAL REGULATIONS
scheme, plan or regulations pursuant thereto, and shall assess the general appearance
of the development, the amenity of the surroundings, availability ofutilities, public
safety and convenience, and other considerations which are, in its opinion, material,
and notwithstanding the conformity of the application with the requirements of these
Regulations, Council may, in its discretion, and as a result of its consideration of the
matters set out in this Regulation, conditionally approve or refuse the application.
(2)
When approving an application for a discretionary use, Council shall state in writing
the basis for its approval.
(3)
The exercise of discretionary powers does not enable Council to permit the
development of a use that is not set out as a permitted use or a discretionary use
under Schedule C or other Regulation, except when it considers that a proposed use
is sufficiently similar to a permitted or discretionary use and in accord with the
general intent of the Municipal Plan and the applicable zone under Schedule C.
12.
Variances (Refer to Ministerial Development Regulations, Seetion 12)
(I)
Where an approval or a permit cannot be given by Council because a proposed
development does not comply with development standards set out in these
Regulations, Council may, in its discretion, vary the applicable development
standards to a maximum of 10%. it~ in Council's opinion, compliance with the
development standards would prejudice the proper development of the land, building
or structure in question or would be contrary to the public interest.
(2)
Council shall not allow a variance from development standards set out in these
Regulations if that variance, when considered together with other variances made or
to be made with respect to the same land, building or structure, would have a
cumulative effect that is greater than a 10% variance even though the individual
variances are separately not greater than 1 0%.
(3)
Council shall not pem1it a variance from the development standards where the
proposed development would increase the non-conformity of an existing
development or would result in the creation of non-conformity of any existing legal
development.
13,
Notice of Variance (Refer to Ministerial Development Regulations, Section 13)
Where Council is to consider a proposed variance, Council shall give written notice of the
proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance, and allow a minimum period of7 days
for response.
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Town of Buchans
Development Regulations 2012-2022
· PARTI GENERAL REGULATlONS
14.
Service Levy
(1)
In accordance with Section 149(2) of the Municipalities Act 1999. where Council
carries out a public work that enables a real property to be developed or developed to
a higher density, or enhances the value ofa property. Council may charge a service
levy on the property.
(2)
The amount ofa service levy shall be determined by Council, but shall not exceed the
cost, including finance charges, to Council of constructing or improving the public
works that are necessary for the real property to be developed in accordance with the
standards required by Council and for uses that are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
The amount ofreal property benefited by the public works related to all the
real property so benefited; and,
(b)
The density of development made capable or increased by the public work.
( 4)
Council may require a service levy to be paid by the owner of the property benefited
and may specify the time for payment.
15.
Financial Guarantees by Developer
(1)
Council may require a developer before commencing a development to make such
financial provisions and/or enter into such agreements as may be required to guaran-
tee 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 Paragraph (I) may be made in the form of:
(a)
A cash deposit from the developer, to be held by Council,
(b)
A guarantee by a bank, or other institution acceptable to Council,
(c)
A performance bond provided by an insurance company or a bank, or;
(d)
An annual contribution to a sinking fund held by Council.
(3)
Financial Guarantees
Mineral Workings
(a)
A developer ofa mineral workings site will provide a financial guarantee in
the form of a performance bond, unconditional and irrevocable letter of
credit, or other form acceptable to Council for an amount to cover the cost of
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Town of Buchans
Development Regulations 20 I 2-2022
PART 1- GENERAL REGULATIONS
restoring or landscaping the site after the quarry operations have ended or the
site is abandoned by the app Ii cant.
(b)
The financial guarantee will be returned when the site has been restored and
any conditions attached to the development permit have been carried out to
Council· s satisfaction.
16.
Dedication of Land for Public Purposes
Council may require the dedication of a percentage of the land area of any subdivision or
other development for public use, and such land shall be conveyed to Council in accordance
with Section 37 of the Act.
Unless Council decides otherwise, such land that is dedicated for public use will not include
land that Council requires to be set aside from development for the purposes of stormwater
management or environmental protection, whether or not that land is located within the
Environmental Protection zone.
17.
Restoration of Land
Where the use of a site is discontinued, the intensity of its use is decreased, a development
permit has been revoked or has expired, or a temporary development permit has expired,
Council may order the developer, the occupier ofthe site, the owner, or all of them to restore
the site, remove all or any buildings or erections, cover or fill all wells or excavations, and
close all or any accesses, or to do any or all of these things, as the case may be, and the
developer, occupier or owner shall carry out the order of Council and shall put the site in a
clean and sanitary condition to Council's satisfaction.
18.
Form of Application
(I)
An application for a subdivision or development permit or for approval in principle
shall be made to Council only by the owner or by a person authorized by the owner
on such form as may be prescribed by Council and every application shall include
plans and an application fee if required.
(2)
Council shall supply to each applicant a copy of the application form referred to in
Paragraph (I) and any available information required by the applicant relevant to the
application.
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Town ofBuchans
Developmem Regulations 2012-2022
PART I - GENERAL REGULATIONS
19.
Register of Application
Council shall keep a register of all applications for development, and shall enter therein
Council's decision upon each application and the result of any appeal from that decision.
20.
Deferment of Application
(I)
Council may, with the written agreement of the applicant, defer consideration of an
application.
(2)
Applications properly submitted in accordance with these Regulations which have
not been detennined by Council and on which a decision has not been communicated
to the applicant within sixty (60) days of the application being received by Council,
shall be deemed to be refused.
2 l.
Approval in Principle
(1)
An application for an approval in principle for a subdivision or other form of
development will include a description of the site and the proposed development,
including a professionally prepared drawing. which:
(a)
Delineates the limits of land to be used for the proposed development,
(b)
Shows contours and significant natural features such as wetlands.
watercourses, drainage channels, and slopes that exceed 15 percent,
(c)
Shows existing streets, buildings, and land uses in the vicinity of the site,
(d)
Shows a conceptual layout of proposed streets, trails, and other major
components of the development, and
(e)
Provides any additional infonnation that may be requested by Council.
(2)
Council will not consider an application for an approval in principle unless that
application includes a clear description of the site and proposed development in
accordance with Paragraph (I).
(3)
Council can grant an approval in principle if il determines that the proposed develop-
ment complies generally with the intent and purposes of the Municipal Plan and these
Regulations. Council will attach to the approval in principle such conditions that it
deems necessary to ensure the proposed development will be in accordance with the
Plan and these Regulations. It will also outline such details that the applicant will be
required to address before a final development permit will be granted.
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Town of Buchans
Development Regulations 2012-2022
PART I-GENERAL REGULATIONS
(4)
An approval in principle will be valid for a period of one (1) year, and may be
extended for one (1) additional year, up to a maximum of two (2) years.
(5)
Where approval in principle is granted, approval ofa final development permit will
be subject to the subsequent approval by Council of any details and conditions that
were outlined in the approval in principle.
(6)
Approval in principle will not constitute permission to commence development. No
form of development will commence until Council has issued a proper development
permit.
(7)
Council may revoke approval in principle if it determines that the applicant has
changed the proposed development in a way that significantly alters the original
intent of the application or has not adequately addressed conditions or details
stipulated in the approval in principal.
(8)
A decision by Council on an application for an approval in principle can be appealed
in accordance with Section 42 of the Act.
22.
Development Permit
(1)
A written development permit issued by Council or its designated staff will constitute
permission to develop in accordance with these Regulations, but such permission
shall not relieve the applicant from full responsibility for obtaining all other permits
or approvals prior to commencement of development and complying with all other
regulations and statutes during development.
(2)
Council may attach conditions to a development permit to ensure compliance with
the Municipal Plan and these Regulations, and the permit holder will be responsible
for full compliance with these conditions.
(3)
A development permit is valid for a period of one (I) year and may be extended for
one (I) additional year if requested by the applicant, up to a maximum of two (2)
years.
(4)
The issuance of a development permit does not prevent Council from thereafter
requiring the correction of errors or ordering the cessation, removal of, and remedial
work on any development being carried out that is in violation of the Municipal Plan
or these Regulations.
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Town of Buchans
Development Regulations 2012-2022
PART I
GENERAL REGULATIONS
(5)
Council may revoke a permit for failure by the holder of it to comply with these
Regulations or any condition attached to the permit or where the permit was issued in
error or was issued on the basis of incorrect information.
(6)
No person shall change the application for which a development permit was issued
unless written approval of the change has been issued by Council.
(7)
A copy of the development permit, along with plans and specifications, shall be kept
on the site until the development is completed.
(8)
Council may revoke a development permit if it determines that the applicant has
changed the proposed development in a way that significantly alters the original
intent of the application or has not adequately addressed conditions or details
stipulated in the approval in principal.
(9)
A decision by Council on an application for an approval in principle can be appealed
in accordance with Section 42 of the Act.
(10)
A decision by Council on an application for a development permit can be appealed in
accordance with Section 42 of the Act.
23.
Temporary Use Permit
At its discretion, Council may issue a development permit for a temporary use, which must
comply with the Municipal Plan and these Regulations. The permit may be for a period not
exceeding one (1) year, and may be extended at the request of the applicant for one (I)
additional year, up to a maximum of two (2) years.
24.
Permit Fees
Council may charge a fee for a development permit in accordance with the annual schedule
of fees adopted by Council.
25.
Compliance with Legislation
(I)
New development will comply with applicable acts and regulations including, but not
limited to, the provincial Water Resources Act, Environmental Assessment Act. Lands
Act, Health and Communiry Services Act. and Building Near Highways Regulation,
as well as the federal Fisheries Act of Canada, Environmental Proleclion Act of
Canada, and Canadian Mi'iJ.f'atorv Bird Act.
(2)
If Council is aware that a proposed development may not comply with a particular
provincial or federal act or regulation, it may require the applicant to provide
Buchans Development Regulations - Page 8
Town of Buchans
Development Regulations 2012-2022
PART 1- GENERAL REGULATIONS
confinnation that necessary government approvals have been obtained before issuing
a development permit.
(3)
If Council feels that a proposed development may trigger the requirements of the
Environmental Assessment Act, the proponent will be advised to consult with the
Department of Environment and Conservation before a development permit will be
issued.
(4)
Where these Regulations are more stringent than a provincial or federal act of
regulation. these Regulations will apply.
26.
Reasons for Refusing or Setting Conditions on a Permit
Council shall, when refusing to issue a permit or attaching conditions to a permit, state the
reasons for so doing.
27.
Notice of Right to Appeal (Refer to Ministerial Development Regulations, Section 5)
Where Council makes a decision that may be appealed under Section 42 of the Act, Council
shall, in writing, at the time of making that decision, notify the person to whom the decision
applies of the:
(a)
Person's right to appeal the decision to the appeal 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.
28.
Appeals (Refer to Ministerial Development Regulations, Sections 6-11)
Sections 6 to 11 of the Ministerial Regulations outline the regulations with respect to appeal
requirements, appeal registration, prohibition of development that is subject to an appeal,
notice of an appeal hearing, the appeal board's hearing of evidence, and appeal board
decisions.
29.
Return of Appeal Fee
In accordance with Section 44(3) of the Act. where an appeal of a Council decision is
successful, an amount of money equal to the appeal fee paid by the appellant shall be paid to
the appellant by Council.
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Town ofBuchans
Development Regulations 2012-2022
PART I GENERAL REGULATIONS
30.
Notice of Application (Refer to Ministerial Development Regulations, Sections 13 & 15)
(I)
Notice of an application must be given when:
(a)
A variance is to be considered under Regulation 12,
(b)
A change in a non-confonning use is to be considered under Regulation 54,
(c)
A proposed development is listed as a discretionary use in Schedule C,
(d)
A comprehensive development is proposed in accordance with Regulation
48, or
(e)
Council determines that the public should be notified of an application.
(2)
In accordance with Regulation 13 of these Regulations and Section 13 of the
Ministerial Development Regulations, notice of a variance application will be given
directly to persons who are likely to be affected and a minimum of seven (7) days will
be provided for persons to respond.
(3)
In accordance with Regulation 54(4) of these Regulations and Regulation 15 of the
Ministerial Development Regulations, notic.e of an application to change a non-
confonning use will be by advertisement in a newspaper circulating in the area, and a
minimum of seven (7) days will be provided for persons to respond.
(4)
Where an application is received to develop a discretionary use, Council will publish
a notice in a newspaper circulating in the area or by other means will give public
notice, and will provide a minimum of seven (7) days for persons to respond.
(5)
Where an application is received to undertake a comprehensive development,
Council will publish a notice in a newspaperdrculating in the area or by other means
will give public notice, and will provide a minimum of fourteen (I 4) days for persons
to respond.
(6)
Where it determines that the public should be made aware of an application for a
development. Council will publish a notice in a newspaper circulating in the area or
by other means will give public notice, and will provide a minimum of seven (7) days
for persons to respond.
31.
Right of Entry
Any otftcial authorized by Council may enter upon land and may at all reasonable times enter
any development or building the purpose of making inspections relative to the development.
Buchans Development Regulations - Page I 0
Town of Buchans
Development Regulations 2012-2022
PART I- GENERAL REGULATIONS
32.
Record of Violations
Every inspector shall keep a record of any violation of these Regulations and report that
violation to Council.
33.
Stop Work Order and Prosecution
(I)
Where a person begins a development contrary or apparently contrary to these
Regulations, Council 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 Paragraph (I) is guilty of
an offence under the provisions of the Act.
34.
Delegation of Powers (Refer to Ministerial Development Regulations, Section 18)
When designating employees or contractors to whom a power is to be delegated under
Section 109(2) of the Act, Council shall make that designation in writing.
Buchans Development Regulations - Page 11
Town ofBuchans
Development Regulations 2012-2022
PART II -GENERAL DEVELOPMENT STANDARDS
PARTII-GENERALDEVELOPMENTSTANDARDS
35.
Access Ramps and Decks
(1)
At its discretion, Council may, after consulting with abutting property owners pennit
an access ramp for a wheel chair to be erected in a minimum front, rear, or side yard
if:
(a)
There is no alternative means to provide the access ramp, and
(b)
The ramp does not create a safety hazard or block sight lines.
(2)
An open or partially enclosed deck attached to a building shall not extend into the
minimum permissible front and side yards and flanking road setback and shall not be
closer to the rear lot line than I metre.
(3)
An access ramp or open deck not is deemed to be part of the building when
calculating lot coverage under Schedule C.
36.
Consideration of the Needs of Disabled and Elderly Persons
At its discretion. Council may require higher or special standards or provisions in the design
and construction of streets, sidewalks. parking areas·, building entrances and internal spaces,
parks, trails, playgrounds, recreational sites and facilities, and public spaces to accommodate
the mobility needs of disabled and elderly persons.
37.
Accesses and Service Streets
(1)
Access shall be located to the specification of Council so as to ensure the greatest
possible convenience and safety of the street system and Council 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 I 0 metres to the street line of any street
intersection.
38.
Accessory Buildings
(I)
Accessory buildings will be clearly incidental and complementary to the use of the
main building and will be contained on the same lot.
(2)
Notwithstanding Paragraph (1 ), at its discretion, Council can permit an accessory
building to be located on a different lot than the main building.
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PART II -GENERAL DEVELOPMENT STANDARDS
(3)
No truck, bus, semi-trailer, freight container, or other vehicle body shall be used as an
accessory building.
(4)
No accessory building shall be erected upon an easement
(5)
No self-contained apartment or other type of dwelling unit will be permitted in an
accessory building.
(6)
Except where it is located on a separate lot or in accordance with Paragraph (7), no
accessory building or part thereof shall project closer to the front street line than the
main building.
(7)
Notwithstanding Paragraph (6), Council in its discretion may approve an accessory
building in the front yard of the main building where it determines that special
limitations or circumstances exist and where it has notified neighbours and duly
considered any comments or Qbjections received.
(8)
Unless otherwise set out in Schedule C, the minimum separation between an
accessory building and any other building will be 3.0 metres.
(9)
The minimum setback of an accessory building from all property lines will be 1.0
metre.
39.
Accessory Uses
Subject to these Regulations, accessory uses to a permitted or discretionary use can be
permitted in any zone. An accessory use will be clearly subsidiary to the main use, controlled
so as to be compatible with the main use and nearby properties. and subject to special
conditions set out in these Regulations or otherwise specified by Council.
Examples of accessory uses include but are not limited to:
(a)
Facilities for the serving of food and alcoholic beverages in an arena or other place of
assembly, museum, or hotel,
(b)
A gift or souvenir shop in a museum, hotel or other commercial establishment,
(c)
An office, small convenience store, or small catering establishment in a campground,
( d)
A subsidiary apartment,
(e)
A home occupation,
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PART II -GENERAL DEVELOPMENT STANDARDS
(f)
A swimming pool, tennis court, outdoor rink, playhouse, or similar facility.
(g)
A satellite dish or similar device attached to a building,
(h)
A wind generator, solar panel, radio antenna, or similar device.
40.
Home Occupations
A home occupation will not be permitted if it does not meet the following conditions:
(a)
The home occupation can be located inside the dwelling or inside an accessory
building Oil the same lot as the dwelling. Unless otherwise pennitted by Council, it
cannot be located in an accessory building Oil a separate lot from the dwelling.
(b)
The home occupation will be clearly secondary to the residential use,
(c)
The home occupation will employ one or more persons, who nonnally inhabit the
dwellings and, in addition, may employ no more than two persons who do not
normally inhabit the dwelling,
(d)
The home occupation will occupy:
- no more than thirty percent (30%) of the total floor area of the dwelling unit. or
- no more than one hundred (I 00) square metres of the total floor area of an
accessory building.
( e)
The home occupation wi 11 not use any hazardous materials,
(I)
The home occupation will not use water or generate sewage in excess of what can be
accommodated by the municipal water supply and sewage system,
(g)
The home occupation will not cause noise, odours, fumes, electrical interference, or
other nuisances that unreasonably affect neighbouring properties,
(h)
Unless otherwise authorized hy Council, sufficient otl~street parking space must be
available on the lot to accommodate the parking needs of residents, employees, and
clients,
(i)
Council may require fencing, screening, and/or a minimum space separation to
protect the amenity of adjacent uses,
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PART II -GENERAL DEVELOPMENT STANDARDS
Gl
The home occupation will not create traffic safety or traffic congestion concerns,
(k)
The home occupation will not include automobile repair, auto body repair, or
automobile sales, and
(I)
The home occupation will adhere to any other conditions that Council considers
necessary to protect the amenity of adjacent uses and the neighbourhood.
41.
Childcare Service
Where permitted by Council, a childcare service, whether a stand-alone operation or a home
occupation, will conform to the requirements of the Child Care Services Act and
Regulations. Where required, a license to operate shall be obtained from the Department of
Health and Community Services.
42.
Bed and Breakfast Establishment
Where permitted, a Bed and Breakfast establishment will be subject to the following:
(a)
The use will be operated in a single dwelling occupied as a residence by the operator
of the business.
(b)
The use shall not detract from the residential character of the neighbourhood in terms
of height, scale or exterior design.
(c)
One additional parking space shall be provided for each guest room on the lot.
(d)
Tbe maximum number of guest rooms shall be six (6).
(e)
At Council's discretion. a catered dining area, or other subsidiary use may be
permitted, provided the uses are clearly incidental and subsidiary to the bed and
breakfast operation and the hours of operation are limited.
(t)
Off-street parking for a catered dining facility shall provide one space for every three
(3) persons that may be accommodated at one time.
(g)
No wholesale sales or storage of goods shall be carried out and any retail sales shall
be incidental to the approved use.
(h)
On-site advertisements shall be non-illuminated, with a maximum sign face area of
0.2 m2 and, shall meet all other requirements of Council in terms shape and
construction material.
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PART !/-GENERAL DEVELOPMENT STANDARDS
(i)
The establishment must be registered by' Canada Select and approved by the
Provincial Department of Tourism, Culture and Recreation.
43.
Archaeological Sites
(I)
If an archaeological site or artefact is discovered during development of a property,
the development shall stop and Council will consult with the Provincial Archaeology
Office of the Department of Tourism, Culture and Recreation. Development shall not
proceed until the Provincial Archaeology Office has evaluated the site or authorized
the development to proceed.
(2)
Before approval is granted for a major development, such as a subdivision, or a new
commercial or public building, the application shall be referred to the Provincial
Archaeology Office for comments.
44.
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 (l 0) 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 Council and shall be maintained by the
owner or occupier to the satisfaction of Council.
·
45.
Building Line and Setbacks
(I)
Council, by resolution, may establish building lines on an existing or proposed street
and may require any new buildings to be located on those building lines, whether or
not such building lines conform to the standards set out in Schedule C of these
Regulations.
(2)
The frontyard building line setback is measured from the front property line.
(3)
Notwithstanding the minimum front, side and rear yard requirements set out under
Schedule C, Council, at its discretion, may allow development to complement
existing building setbacks of adjoining properties by varying the yard requirements
after notification of the proposed variance is given to neighbouring property owners
in accordance with Regulations 13 and 30 of these Regulations.
(4)
The building line along Provincial highways shall not be less than that specified
under the provincial Building Near Highways Regulation.
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PART II-GENERAL DEVELOPMENT STANDARDS
46.
Multiple Uses on One Lot
( l)
A multiple use occurs when two or more different use classes exist in a single
building or on a single lot.
(2)
Where a single lot contains more than one permitted use, each use shall conform to
all requirements in these Regulations that are applicable to that use.
(3)
A multiple use may not be permitted where Council determines that the proposed use
would not be compatible with existing uses on or adjacent to the lot by reason of
safety, amenity, appearance, or nuisance.
47.
Main Buildings on a Lot
( 1)
Except for a single dwelling, more than one main building may be permitted on a lot
provided that the requirements of Schedule C are satisfied.
(2)
Notwithstanding Paragraph (I), more than one single dwelling can be permitted on a
single lot where that lot or dwelling forms part of a comprehensive development.
(3)
Where more than one main building is developed on a single lot, sufficient area shall
be reserved to satisfy the yard requirements and other allowances outlined in
Schedule C for the Use Zone in which the lot is located. These allowances shall be
maintained when the adjacent land is developed.
48.
Comprehensive Development
Council, at its discretion, may permit a comprehensive development that does not meet the
requirements of these Regulations with respect to access to and frontage on a public street as
well as minimum lot size, frontage, frontyard, sideyard, and rearyard, provided that:
(a)
It is satisfied that the site conditions are such that the standard requirements cannot
be met, the quality of the development would be greater than would otherwise be
achieved through conventional developments, or the development would be in the
public interest with respect to providing housing for elderly, disabled, lower-income,
and other residents whose needs and preferences cannot be easily accommodated by
traditional single-unit dwellings.
(b)
It has provided public notice of the proposed development in accordance with
Regulation 30(1) (d) of these Regulations.
(c)
A comprehensive development plan has been prepared and approved by Council,
(d)
The comprehensive development itself has frontage on a public street,
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PART II-GENERAL DEVELOPMENT STANDARDS
(e)
The development is compatible with adjacent development,
(f)
The area of the comprehensive development is at least one (I) hectare, and
(g)
There are no fewer than two developments within the comprehensive development.
49.
Personal Care or Group Home
( 1)
A personal care or group home is permitted in a dwelling unit that is adequate in size
to accommodate the number of persons living in the group, inclusive of staff.
(2)
The use and appearance of the dwelling shall not materially differ from, or adversely
affect. the amenities of the adjacent residences or neighbourhood.
(3)
Council may require special access and satety foatures to be provided for the
occupants before occupancy is permitted.
50.
Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be waived in the
case of communication masts and antennae, flagpoles, water towers, spires. belfries, wind
generators, or chimneys, but any such waiver which results in an increase of more than 20%
in the permitted height of the structure shall only be authorized under the provisions of
Regulation 11.
51.
Lot Area
(I)
No lot shall be reduced in area, either by the conveyance oralienation of any portion
thereof or otherwise, so that any building or structure on such lot shall have a lot
coverage that exceeds. or a frontyard, rearyard, sideyard, 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 thereat: and shall not be deemed to form part of an adjacent lot for the
purpose of computing the area thereof available for building purposes.
52.
Lot Frontage
No residential, commercial or public building shall be erected on a lot that does not front
directly onto a public street unless the subject lot forms part of a comprehensive
development.
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PART II-GENERAL DEVELOPMENT STANDARDS
53.
Mineral Exploration
(1)
Council will not issue a permit for mineral exploration until all necessary permits and
approvals have been obtained from the Departments of Natural Resources,
Government Services, and Environment and Conservation, together with any other
relevant Provincial agencies.
(2)
Subject to the other provisions of the Development Regulations, mineral exploration
which is not classed as development by virtue of appreciable ground disturbance,
construction ofaccess roads, noise, odour and appearance can be permitted anywhere
in the Planning Area, provided that adequate notification is provided to Council.
(3)
Mineral exploration which is classed as development can be permitted provided that
adequate provision is made for buffering and other mitigations of impacts on
residential, commercial, industrial, institutional, recreational, and environmentally
sensitive areas.
(4)
Higher impact mineral exploration shall be subject to conditions that control noise,
appearance, and other impacts that may arise, as well as the duration of the
exploration program. The precise nature of these controls will depend upon the
location of the mineral exploration in relation to built-up and environmentally
sensitive areas, such as water supply areas, watercourses, and wetlands.
(5)
Where there is to be ground disturbance, the developer shall provide a site restoration
surety and/or other satisfactory guarantees of site landscaping to Council.
54.
Non-Conforming Uses (Refer to Section 108(2) of the Urban and Rural Planning Act
:woo and Sections 14, 15, and 16 of the Ministerial Development Regulations)
(I)
Notwithstanding the Municipal Plan, a scheme, or regulations made under the Urban
and Rural Planning Act 2000, Council shall, in accordance with regulations made
under this Act, allow a development or use ofland 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 under Section 24 of the
&:£of the plan, scheme or regulations made with respect to that kind of development
or use.
(2)
Notwithstanding Paragraph (1 ), a right to resume a discontinued non-conforming use
ofland shall not exceed one year after the discontinuance occurred. For the purpose
of this Regulation, discontinuance of a non-conforming use begins when any one of
the following conditions is met:
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PART II -GENERAL DEVELOPMENT STANDARDS
(a)
The building or use of land is clearly vacated or the building is demolished,
(b)
The owner or tenant has ceased paying business taxes for that use, and
( c)
The owner or tenant has stated in writing that the use has ceased.
(3)
A non-conforming building, structure, or development under the Act, which is
allowed to continue under Paragraph (I):
(a)
Shall not be internally or externally varied, extended or expanded unless
otherwise approved by Council,
(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, except as provided for in Paragraph (h)
below,
(d)
May have the existing use for that building, structure or development varied
by Council to a use that is, in Council's opinion, more compatible with the
plan and regulations applicable to it,
(e)
May have the existing building extended by Council where, in Council's
opinion that extension is not more than 50% of the existing building,
(f)
Where the non-conformance is with respect to the standards in these
Regulations, shall not be expanded if the expansion would increase the non-
conformity,
(g)
Where the non-conformance is with respect to the standards included in these
Regulations shall not be expanded if the expansion would increase the non-
conformity;
(h)
where the building, structure, or development is primarily zoned and used for
residential purposes, may, in accordance with the appropriate plan and
regulations, be repaired or rebuilt where 50% or more of the value of that
building or structure is destroyed, and
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PART II-GENERAL DEVELOPMENT STANDARDS
(i)
A residential building or structure referred to in Paragraph (h) must be
repaired or rebuilt in accordance with the plan and development regulations
applicable to that building or structure.
(4)
In accordance with Regulation 30 of these Regulations, when considering an
application to vary an existing use of a non-conforming building, structure or
development under Paragraph (3) (d), Council will, at the applicant's expense,
publish a notice in a newspaper circulating in the area of the application and shall
consider any representations or objections received in response to that advertisement.
SS.
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or promoting
fires or other hazards or which may emit noxious, offensive or dangerous fumes, smoke, gases,
radiation, smells, ash, dust or grit, excessive noise or vibration, or create any nuisance that has an
unpleasant effect on the senses unless its use is authorized by Council and any other authority having
jurisdiction.
56.
Parks, Playgrounds, and Open Spaces
(I)
Nothing in these Regulations shall prevent the designation of land for the
establishment of parks, playgrounds, and open spaces in any zones provided that such
land is not located in areas that may be hazardous to their use or is an area that is not
compatible for such a use.
(2)
Parks and playgrounds may be located on backland but shall have at least one 5·
metre wide vehicular access directly onto a public street.
57.
Screening and Landscaping
(1)
Council may, in the case of existing unsightly development, order the owner or
occupier to provide adequate and suitable landscaping or screening; and for this
purpose may require the submission of an application giving details of the
landscaping or screening, and these Regulations shall then apply to that application.
(2)
The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit where, in the opinion of Council, the
landscaping or screening is desirable to preserve amenity or protect the environment
S8.
Services and Public Utilities
Council can within any zone permit land to be used in conjunction with the provision of
public services and public utilities if the use of that land is necessary to the proper operation
of the public service or public utility concerned provided that the design, construction,
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PART II-GENERAL DEVELOPMENT STANDARDS
landscaping, and operation of the service or utility, in the opinion of Council, will adequate
to protect the environment, character, and appearance of the area.
59.
Energy Generation Facilities
(I)
Wind, solar and small hydro generating facilities and associated facilities and
services are subject to the conditions set out below.
(2)
Energy utilities are subject to the approval of relevant provincial and federal
departments, agencies, and public utilities, including the Mines and Energy Division
of the Department of Natural Resources and Transport Canada. The design and
location of such utilities shall take into consideration their impact on nearby land
uses and persons, the environment, and archaeological resources, along with other
matters that Council may deem to be significant.
(3)
A wind, solar, or small hydro generator within a built-up residential area will be
limited to a single unit that serves an individual property.
( 4)
An adequate separation distance will be maintained between wind generators and
nearby bui !dings and structures to prevent damage to persons and properties due to a
failure of a generator or any of its components orthe shedding of ice.
(5)
Unless specifically exempted by Council or other relevant agencies, the design,
construction and location of an energy utility shall be certified by a professional
engineer who has consulted with the required agencies.
60.
Service Stations and other Petroleum Dispensing Facilities
The following requirements shall apply to all proposed service stations and other petroleum
dispensing facilities:
(a)
all petroleum pumps shall be located on pump islands designed for such purpose. and
to which automobiles may gain access from either side, except in the case of propane,
diesel, and kerosene pumps, which may access from one side,
(b)
Pump islands shall be set back not less than four (4) metres from the front lot line.
(c)
Accesses to the lot shall be not be less than 7 metres wide and shall be clearly
marked,
(d)
Where a service station is located on a corner lot, the minimum distance between an
access and the intersection of street I ines shall be I 0 metres,
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PART II-GENERAL DEVELOPMENT STANDARDS
(e)
Surface runoff shall be directed to a oil/water separator before being discharged into
a stonn sewer or other drainage system, and
(t)
All provincial and other regulatory requirements must be met.
61.
Site Development Requirements
The following requirements will apply to all proposed site developments involving new
street construction or large sites for commercial or other development.
(a)
Council shall consider the suitability of the site in tenns of steepness of grades, soils
and geology, and environmentally sensitive areas, including watercourses, wetlands,
and coastal shorelines when reviewing a development application.
(b)
Council shall ensure that the proposed development will not be unsuitable as a result
of pollution, erosion, sedimentation of watercourses, other environmental damages,
or aesthetic degradation of the site or surrounding area.
(c)
Development ofland, buildings, and structures will not be permitted on a site where
it otherwise would be permitted when, in the opinion of Council, the site is marshy,
geologically unstable, excessively steep, or otherwise unsuitable for a proposed
purpose by virtue of its soil or topography.
(d)
No buildings, structures, or placement or removal of fill will be pennitted:
(i)
On a slope that exceeds twenty-five percent (25%) over a height of four (4) or
more metres and a length of twenty-five (25) or more metres.
(ii)
Within eight (5) metres of the top or bottom ofa slope that exceeds twenty-
five percent (25%) over a height of four (4) or more metres
(e)
The excavation and filling-in of land to prepare a site tor development will be limited
to an extent that is deemed by Council to be environmentally and aesthetically
acceptable.
(f)
A development application will provide sufficient information to show the extent of
any proposed clearing, excavation, or filling-in of the site,
(g)
An approval in principle or a permit to develop will not be granted when in Council's
opinion the proposed clearing, excavation, tilling-in of land, or other site
development will result in unacceptable drainage, environmental, or aesthetic
impacts, or will be more than is necessary to suitably develop the site.
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PART !I-GENERAL DEVELOPMENT STANDARDS
62.
Street Construction Standards
A new street may not be constructed except in accordance with the design and construction
specifications set by Council.
63.
Development Within or Adjacent to a Watercourse or Wetland
(I)
All portions of a lot that are located within 15 metres of the edge ofa wetland or the
top of the stream bank of a watercourse, but which are not located in the
Environmental Protection zone, will be subject to the following:
(a)
No building or structure will be pennitted, except for:
(i)
reconstruction of a building that was in existence on the date of
approval of this Municipal Plan
(ii)
an accessory building or structure to (i) above
(iii) a passive recreational use
(iv)
an accessory building or other accessory use to an existing building.
(b)
Any excavation or filling-in ofland, or other altering of the landscape, will
be limited to a maximum often percent (I 0%) of the area of the lot located
within the 15-metre buffer area,
64.
Line of Vision at Intersections
So as to not obstruct the view of motorists and pedestrians,
(a)
All occupied lands within 7 metres ofa street intersection shall be kept free of any
shrubs. plants, and trees that will impede the line of vision clear for motorists and
pedestrians, and
(b)
No building or structure shall be permitted to be erected. moved, enlarged, or
reconstructed on any land that is within 7 metres of a street intersection.
65.
Areas with Contaminated Soil
On sites that have been rehabilitated to cover and contain contaminated soils, all
development wil I include precautionary measures to prevent human exposure to such soils
during and after construction.
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Development Regulations 2012-2022
PART III-SUBDIVISION OF LAND
PART III - SUBDIVISION OF LAND
66.
Application of Part III
Part Ill of these regulations applies each of the following:
(a)
The subdivision ofland under single ownership into two or more lots, including the
residual lot,
(b)
Construction, upgrading, or extension of a public street, and
(c)
Extension or upgrading of the municipal water and sewer system.
67.
Subdivision Permit Required
No land in the Planning Area shall be subdivided into two or more lots unless a permit for
the development of the subdivision is first obtained from Council.
68.
Services to be Provided
No permit shall be issued for the subdivision ofland unless provisions satisfactory to Council
have been made for servicing the lot with municipal water, sewer, and stormwater drainage
so as to not affect adjoining and nearby properties.
69.
Subdivision Permit Sub.ject to Considerations
A permit shall not be issued when, in the opinion of Council, the development of a
subdivision will not contribute to the orderly growth of the municipality or demonstrate
sound design principles. In considering an application, Council shall, without limiting the
generality of the foregoing, consider:
(a)
The location and zoning of the land,
(h)
The availability of and the demand created for municipal infrastructure, municipal
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 closeness of the project to existing or potential sources of nuisance,
(f)
Geology and soil characteristics,
(g)
The topography and drainage characteristics of the site,
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PART Ill-SUBDIVISION OF LAND
(h)
Natural features such as watercourses, shorelines, trees and shrubs.
(i)
Prevailing winds,
(j)
Community facilities,
(k)
Energy conservation,
(I)
Environmental effects with respect to watercourses, wetlands. steep slopes, drainage
patterns, stormwater generation and control, and loss or fragmentation of habitat.
(m)
Municipal costs related to the provision and maintenance of roads, other
infrastructure. and municipal services, and
(n)
Such other matters as may affect the proposed development.
70.
Building Permits Required
A 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.
71.
Form of Application
Application for a subdivision permit or building permit shall be made to Council in
accordance with Regulation 18 ·Form of Application.
72.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated
on the Zoning Maps.
73.
Structure in Street Reservation
The placing within any street reservation ofany structure (for example, a hydro or telephone
pole. fire hydrant, mail box. school bus shelter, sign post) shall not be approved by Council
unless or until it is satisfied on the question of safe construction and relationship to other
buildings or other structures within the street reservation and the relationship to safe
movement of vehicles and pedestrians.
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!'ART III -SUBDIVISION OF LAND
74.
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)
A dead-end street will be subject to the following:
(i)
the turning circle of a cul de sac will have a driving surface diameter of not
less than 30 metres.
(ii)
the maximum length of a cul de sac will be 250 metres.
(iii)
all cul de sac water mains will be connected to a water main on an adjoining
street or will be looped back to ensure continuous water flow and prevent
stagnant water at the end of dead-end pipes.
(c)
Streets will be designed in accordance with the following minimum standards:
Walkway
Street
Pavement
Width and
Walkway
Reservation
. Width
Desi2n
Number
15 m
(can be varied to no
7.3 m
Discretion of
Discretion of
less than 12.2 m at
Council
Council
the discretion of
Council)
(d)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
75.
Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all streets, paving, sidewalks and all other utilities
deemed necessary by Council to service the area proposed to be developed or
subdivided shall be designed and prepared by or approved by the Engineer. Such
designs and specifications shall, upon approval by Cmmcil, be incorporated in the
plan of subdivision.
(2)
Upon approval by Council of the proposed subdivision, the Engineer shall certify all
work of construction layout preliminary to the construction of the works and
thereupon the developer shall proceed to the construction and installation, at his own
cost and in accordance with the approved designs and specifications and the
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PART /JI-SUBDIVISION OF L4ND
construction layout certified by the Engineer, of all such streets and other works
deemed necessary by Council to service the said area.
76.
Developer to Pay Engineer's Fees and Charges .
The developer shall pay to Council all the Engineer's fees and charges for the preparation of
designs and specifications and for the layout and supervision of construction; such fees and
charges being percentages of the total cost of materials and labour for the construction and
installation of all works calculated in accordance with the Schedule ofFees recommended by
the Association of Profossional Engineers and Geo scientists of Newfoundland and Labrador
and in effect at the time the work is can-ied out.
77.
Transfer of Streets and Utilities to Council
(I)
The developer shall. following the approval of the subdivision of land and upon
request of Council, transfer to Council, at no cost to Council. and clear of all liens
and encumbrances:
(a)
All lands in the area proposed to be developed or subdivided which are
approved and designated by Council for public use 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 systems installed in the subdivision that are
noffl!ally owned and operated by Council.
(2)
Before Council shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets, services
and public works installed in the subdivision and certify his satisfaction with their
installation.
(3)
Council shall not provide maintenance for any street. service or public work in any
subdivision until such time as such street, service or public work has been transfen-ed
to and accepted by Council.
78.
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until Council is satisfied that satisfactory
access to a street is provided for the lot.
Buchans Development Regulations - Page 28
Town ofBuchans
2012-2022
PART JV USE ZONES
PART IV· USE ZONES
79.
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 Paragraph (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, Council may in its discretion, determine
the standards, requirements and conditions which shall apply.
80.
Map Interpretation
(I)
The boundaries of the Use Zones shown on the Land Use Zoning Maps are general
only and, except where they coincide with roads, shorelines, or other prominent
physical features, are not intended to define exact limits. No zoning amendment shall
be required to allow minor adjustments of the Use Zone boundaries. Other than such
minor boundary adjustments, no development shall be permitted that does not
conform to the Use Zone delineated on the Land Use Zoning Maps.
(2)
Where there is uncertainty regarding the existence ofa watercourse identified on the
zoning map as occurring within the Environmental Protection zone, this will be
confirmed in the field. I fit is determined that the watercourse does not exist, the area
in question will be treated as if it is occurring within a surrounding zone.
81.
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in
Schedule C shall be detennined by Council in accordance with the classification and
examples set out in Schedule B.
82.
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 Council in that Use Zone.
Buchans Development Regulations - Page 29
Town of Buchans
2012-2022
PART IV USE ZONES
83.
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 Council
is satisfied that the development would not be contrary to the general intent and purpose of
these Regulations. the Municipal Plan, or any fu11her scheme or plan or regulation pursuant
thereto, and to the public interest, and if Council has given notice of the application in
accordance with Regulation 30 - Notice of Application and has considered any objections
or representations which may have been received on the matter.
84.
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.
85.
Similar Uses to Permitted or Discretionary Uses
Notwithstanding Regulation 84 - Uses Not Permitted, Council may pem1it. subject to such
terms and conditions as it considers fit, a proposed use ofland or a building that does not fall
within the Permitted Use Classes or Discretionary Use Classes set out in the appropriate Use
Zone Tables in Schedule C it; in its opinion, the proposed use is sufficiently similar to a
permitted or discretionary use in that Use Zone, and only if it has given notice of the
application in accordance with Regulation 30 - Notice of Application and has considered
any objections or representations which may have been received on the matter.
Buchans Development Regulations - Page 30
TOWN OF BUCHANS
DEVELOPMENT REGULATIONS 2012-2022
SCHEDULE A
DEFINITIONS
SCHEDULE A - DEF1NITIONS
GENERAL NOTE:
A definition marked with an asterisk is also included in the Urban and Rural Planning Act or
the Ministerial Development Regulations. Where there is a conflict, the Act or the Ministerial
Development Regulations prevail. .
*ACCESS means a way used or intended to be used by vehicles, pedestrians or animals in order to
go from a street to adjacent or nearby land or to go from that land to the street.
*ACCESSORY BUILDING includes:
(i)
A detached subordinate building not used as a dwelling, located on the same lot as the main
building to which it is an accessory which has a use that is customarily incidental or
complementary to the main use of the building or land,
(ii)
In the case of a residential use, a domestic garage, carport, ramp, shed, swimming pool,
greenhouse, cold frame, fuel shed, vegetable storage cellar, shelter for domestic pets, or radio
or television antennae,
(iii)
In the case of a commercial use, an office, workshop, storage building, or garage, and
(iv)
In the case of an industrial use, a garage, office, workshop, storage building. raised ramp, or
dock.
*ACCESSORY USE means the use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use.
*ACT means, unless the context indicates otherwise, the Urban and Rural Planning Act 2000.
ADJOINING means having a common boundary.
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 ofadvertisement, announcement or direction; excluding such things employed wholly asa
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.
AGGREGATE EXTRACTION means the use of land for the surface extraction, processing,
crushing, and stockpiling of sand, gravel, clay, shale, bedrock, or other aggregates, and may include
washing and blasting where permitted under Provincial regulation, along with associated buildings
and machinery.
Schedule A - Page 1
AGRICULTURE means an agricultural operation that is carried on personal use, or for commercial
gain or reward or in the hope or expectation of gain or reward, and includes:
(a) the clearing, draining, irrigating or cultivation of land,
(b) the raising of livestock, including poultry,
(c) the raising offur-bearing animals,
(d) the raising of bees,
(e) the production of agricultural field crops.
(1) 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 pumps,
(i) storage, use or disposal of organic wastes for form purposes,
Gl the preparation of a farm product for distribution from the farm gate, including cleaning,
grading and packaging,
(k) the on-farm processing of farm products for the purpose of preparing farm products for
wholesale or retail consumption,
(I) the operation of pick-your-own farms, roadside stands, farm produce stands, and tourist
operations as part of a farm operation, or
(m)any other agricultural activity or process prescribed by Provincial regulation that is carried on
for gain or reward or in the hope or expectation of gain or reward;
AMUSEMENT USE means the use of land or buildings ·equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pinball games and slot
machine arcades and billiard and pool halls.
APARTMENT BUILDING means a building containing three or more dwelling units, but does not
include a row dwelling or townhouse.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT means a person who has applied to Council for an approval or permit to carry out a
development.
ARTERIAL STREET means a street in the Planning Area constituting a main traffic artery in the
town and identified as Arterial Street or highway in the Municipal Plan or on the Zoning Map.
AUTO BODY SHOP means a building or premises used for the commercial repairof damage to the
chassis of an automobile, including major and minor collision damage, frame and panel
straightening, repainting and refinishing, and similar activity.
Schedule A - Page 2
AUTOMOBILE DEALERSHIP means an establishment that stores vehicles for sale or lease, but
does not include the dispensing of bulk fuel or bulk petroleum products.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment for paid
temporary accommodation for up to six (6) guest rooms of paid temporary accommodation for
tourists and other travellers. The establishment may include a self-serving dining area for the use by
overnight guests. Catered dining may be considered on a limited-use basis. Other uses that may be
considered under this definition include hospitality home and inn. The establishment must be
registered with and receive a rating from Canada Select and also must be approved by the Provincial
Department of Tourism as a Bed and Breakfast operation.
BOARDING HOUSE means a dwelling in which at least two (2) rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BOARDING AND RIDING STABLE means s building, structure, or premises used for the
housing, feeding, exercising, and riding of horses for personal use or financial gain.
BUILDING means a structure, erection, excavation, alteration or improvement whatsoever placed
on, over or under land, or attached, anchored or moored to land, and includes mobile structures,
vehicles and marine vessels adapted or constructed for residential, commercial, industrial and other
like uses, and any part of a building as so defined and any fixtures that form pa11 of a building.
*BUILDING HEIGHT means the vertical distance, measured in metres, from the established grade
to:
(i)
the highest point of the roof surface of a flat roof,
(ii)
the deck line of a mansard roof, and
(iii)
the mean height level between eave and ridge ofa gable, hip or gambrel roof, and in
any case, a building height shall not include mechanical structure, smokestacks.
steeples and purely ornamental structures above a roof.
*BUILDING LINE means a line established by Council that runs parallel to a street line and is set
at the closest point to a street that building may be placed.
BUILDING SUPPLY STORE means a building or land on which building and construction
supplies and home improvement materials are kept for sale.
BUILDING PERMIT means a permit issued by the Town of'Buchans authorizing the owner ofland
or his agent to construct a building or structure.
CAMPGROUND means an area of land, managed as a unit, for the accommodation of any
combination of three (3) or more tents, recreational vehicles, or travel trailers used on a short term or
Schedule A - Page 3
seasonal basis, and where the accessory uses could include an administrative office, clubhouse, snack
bar, laundry, convenience store, swimming pool, washroom, and recreational facility,
CAR WASH means a facility for washing, cleaning and detailing of automotive vehicles.
CEMETERY means a focility or land area reserved for and dedicated to the burial of the dead.
CHILD CARE means a building or part of a building in which personal care services and activities
are regularly provided to children for group day care, family day care, pre-school, play school,
out-of-school care, specialized day care, and emergency day care, all as licensed and regulated by the
Province of Newfoundland and Labrador, but does not include a school as defined by the Schools
Act.
CHURCH - See "PLACE OF WORSHIP"
CLUB AND LODGE means a building or structure used by a non-profit association or organization
for fraternal, social or recreational purposes.
COLLECTOR STREET means a street that links local streets with arterial streets or other collector
streets, and which is designated as a collector street in the Municipal Plan or on the Zoning Map.
COMPOSTING FACILITY means a processing use that converts solid waste. including plant
debris, decayed organic matter, municipal solid waste or agricultural waste. into a material to be used
sold for the purpose of fertilizing and conditioning the soil for growing produce and nursery
plantings.
COMMUNICATIONS means a television, radio, cell phone, or transmission tower or antenna. as
well other communications transmitting or receiving building or infrastructure.
COMPREHENSIVE DEVELOPMENT means an integrated development on a suitable, large site
that responds to a unique market opportunity and involves special development standards not
otherwise permitted in the zone. A comprehensive development may allow for a mix of different
housing types and densities, and innovations such as cluster layouts and zero lot line housing, and
privately owned and maintained streets and infrastructure.
COMPREHENSIVE DEVELOPMENT AREA means a large development area that is intended to
be comprehensively planned and developed.
CONSERVATION means a use of land that serves to protect, maintain, or improve an
environmental resource or teature.
Schedule A - Page 4
CONSTRUCTION YARD means an area used for the storage of construction materials, supplies,
equipment, tools, and other items including temporary storage containers, construction trailers, and
temporary office trailers:
CONTINUOUS WATERCOURSE means a stream, river, lake, or estuary, which flows for all of
the year.
CORNER LOT means a lot situated at the intersection of two or more streets.
COUNCIL means the Council of the Town of Buchans having jurisdiction of the Buchans
Municipal Plan and Development Regulations.
CULTURAL USE means a land use or activity that involves heritage, historical, artistic, and social
expression for economic, tourism, community and entertainment benefit and enjoyment.
DECK means a raised structure that has a walking surface within one storey of the established grade
at the ground level ofthat face of the building, which may or may not be attached to a main building,
which does not have a permanent roo[
*DEVELOPMENT means the carrying out of any building, engineering, mining or other operations
in, on, over, or under land, or the making of any material change in the use, or the intensity of use of
any land, buildings, or premise and without limiting the generality of the foregoing, includes:
(i)
the making of an access onto a highway, road or way,
(ii)
the construction ofa building,
(iii)
the erection of an advertisement or sign, and
(iv)
the parking ofa trailer, or vehicle ofany description used for the sale of refreshments
or merchandise, or as an office, or for living accommodation, for any period of time.
and excludes:
(i)
(ii)
(iii)
(iv)
the carrying out of works for the maintenance, improvement or other alteration or any
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building.
the carrying out by a highway authority of any works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the
road reservation,
the carrying out by any local authority or statutory undertakers of any works for the
purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other
apparatus, including the breaking open of any street or other land for that purpose,
and
the use of any building or land within the courtyard of a dwelling house for any
purpose incidental to the enjoyment of the dwelling house as such.
Schedule A - Page 5
*DEVELOPMENT REGULATIONS means these regulations and regulations and by-laws
respecting development that have been enacted by Council.
*DISCRETIONARY USE means a use that is listed withi1i the discretionary use classes established
in the use zone tables of Council's development regulations.
DISTANCE means the shortest separation, measured on a horizontal plane, between a lot line, street
line, top of a the bank of a watercourse, coastal feature, or other point specified in these Regulations
and the nearest part ofa building, structure, excavation, or other use ofland.
DOUBLE DWELLING - See DWELLING, DOUBLE
DRAINAGE means the removal of surface or subsurface water by a channel, open ditch, grassed
waterway, or conservation structure.
DRIVEWAY means a vehicular passageway having at least one end thereof connected to a public
street and providing ingress to and/or egress from a lot;
DRINKING ESTABLISHMENT means a commercial operation, assembly hall, club, or lounge in
which the sale and consumption of liquor is licensed under the Liquor Control Act, and in which
meals and food may be served for consumption on the premise and entertainment may be provided.
DWELLING means a main building or portion thereof, which contains one or more dwelling units.
DWELLING, DOUBLE means a building containing two dwelling units, placed one above the
other, or side by side, but does not include a single dwelling containing a subsidiary apartment.
DWELLING, MULTIPLE means a dwelling containing more than two dwelling units on one lot,
including apartments, row houses (townhouses), and cluster developments, but excluding subsidiary
apartments.
DWELLING, RECREATIONAL means a private, non-commercial dwelling that is intended for
recreational use by the owner and is not inhabited as a permanent main dwelling.
DWELLING, ROW means a dwelling containing three or more dwelling units at ground level in
one building, each unit separated vertically from the others.
DWELLING, SINGLE means a single residential dwelling which is free standing, separate, and
detached from other main buildings and consists of a constructed, prefabricated, or manufactured
detached dwelling unit, but not including a mini-home or a mobile home.
Schedule A ·Page 6
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used or
designed as the living quarters for one household.
EDUCATIONAL means a public or private school or institution oflearning, including includes
primary. elementary, junior, and high schools. and colleges.
ENERGY GENERATION FACILITY means means a facility for the generation of electricity
from wind. biomass, and water, or by the burning of fossil foels, and may be connected to the
electricity grid for the purpose of selling surplus power.
ENGINEER means a professionally certified engineer who is employed or retained by Council or is
employed or retained by a developer in relation to a development that requires Council approval.
ENVIRONMENTALLY SENSITIVE AREA means an area that is easily disrupted by human
activity, and may include steep slopes, cliffs, watercourses, wetlands, riparian areas, springs, coastal
foatures, wet and unstable soils, unstable geology, and vulnerable or threatened flora or fauna.
*ESTABLISHED GRADE means:
(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 q elevation
of the finished grade of the ground immediately surrounding the structure exclusive
of any artificial embankment or entrenchment.
EXCAVATION OF LAND means the extraction or mining of soil. gravel, or bedrock material to
prepare a site for development or to sell for off-site use.
FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no more
than six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this
definition includes, but is not limited to, facilities referred to as "group homes", "ha!tway houses",
and "foster homes".
FILLING-IN OF LAND means the depositing of soil, gravel, or bedrock material to prepare a site
for development.
FLOOD RISK AREA means an area usually consisting of lowlands, adjoining the channel of a
watercourse or estuary, which may be covered by floodwater during a l :20 or a 1: 100 year flood.
*FLOOR AREA means the total area or all floors in a building measured to the outside face of
exterior walls.
Schedule A - Page 7
FORESTRY means the general growing and harvesting of trees and, without limiting the generality
of the foregoing, shall include the cutting of fuelwood, pulpwood, saw logs, Christmas trees, and
other products.
*FRONTAGE means the horizontal distance between side lot lines measured at the building line, or
in the case of a lot on the turning circle of a cul de sac, the horizontal distance measured at the
building line.
FRONTY ARD means the distance between the "building line" as defined in these regulations and
the ffont street line of a lot.
FUTURE STREET means a portion ofland delineated on a development plan as a "Future Street",
which is to be used as a street at some date in the future and which the title of the land will be vested
with Council upon the completion of the development.
GARAGE means a building erected for the storage of motor vehicles as an accessory use to a main
building on the lot.
GARDEN CENTRE means the use ofland, buildings, or structures or part thereof for the purpose
of buying or selling plants and garden equipment, furnishings, and supplies.
GENERAL ASSEMBLY means a use that provides for the assembly of substantial numbers of
people. and without limiting the generality of the foregoing. includes community halls, church halls,
auditoriums, youth and senior centres, meeting rooms. group camps. theatres and similar gathering
places.
GENERAL GARAGE means land or buildings used exclusively for repair, maintenance and
storage of motor vehicles and may include the sale of gasoline or diesel oil.
GENERAL INDUSTRY - See INDUSTRY, GENERAL
GENERAL SERVICE means an outlet for servicing, repairing. installing, or renting things and
equipment, without limiting the generality of the foregoing, includes the following examples:
(a) radio, television, and computer service and repair shops
(b) locksmith shops
·
(c) small appliance service or repair shops
( d) household and carpenter tool service or repair shops
(e) tools and equipment rental shops;
GRADE See "ESTABLISHED GRADE".
Schedule A - Page 8
GREENHOUSE means a building whose roof and sides are made largely of glass or other
transparent or translucent material for the cultivation of plants for subsequent sale, transplanting, or
personal use.
GROUNDWATER means any flowing or standing water below the surface of the earth;
GROUP HOME- See ''FAMILY AND GROUP CARE CENTRE".
HABITAT means an area where plants, animals, and other organisms live, and find adequate
amounts of food, water, shelter, and space needed to sustain their populations. Specific habitats of
concern may include areas where species (i.e. geese, ducks. salmon) concentrate at a vulnerable point
in their life cycle or annual migration.
HAZARD LAND means land that poses a hazard or constraint to development such as wetlands,
organic soils, steep slopes, flood plains, contaminated soils, and exposed bedrock.
HAZARDOUS INDUSTRY - See INDUSTRY, HAZARDOUS
HAZARDOUS USE means the use of land or buildings for any purpose that constitutes a special
hazard by reason of fire, explosion, radiation, pollution, noxiousness, risk lo human health, or other
hazard.
·
HEIGHT- See "BUILDING HEIGHT".
HOME OCCUPATION means a secondary use of a dwelling by at least one of the residents of the
dwelling to conduct a gainful occupation or business activity.
HOSPITAL means an institutional facility that serves as a primary health, medical and emergency
care center located within the community.
HOTEL means a commercial establishment that consists ofa building with three or more attached
sleeping units grouped under one roof designed to accommodate the traveling public, which may or
may not have restaurant, retail, and personal services.
IMPERVIOUS SURFACE means any hard surfaced, man-made area that does not readily absorb or
retain water. including but not limited to roofs, parking and driveway areas, asphalt, cement or any
other hard surface.
Schedule A - Page 9
INDOOR ASS.EMBLY means a building used as a gathering place for sports and recreational
activities and, without limiting the generality of the foregoing, includes arenas, armories, ice rinks,
bowling alleys, and indoor swimming pools.
INDOOR MARKET means an indoor use providing for temporary commercial sales by vendors of
locally grown produce, preserves, meats. fish, arts and crafts, home baking. light meals, and light
refreshments.
'
INDUSTRY, G.EN.ERAL means the use of land or buildings to store, assemble, alter, repair,
manufacture, fabricate, pack, can, prepare, break up, demolish. or treat any article, commodity or
substance.
INDUSTRY, HAZARDOUS means the use of land or buildings for industrial purposes involving
the use of materials or processes that because of their inherent characteristics constitute a special
hazard by reason of fire, explosion, radiation, pollution, noxiousness, risk to human health, or other
hazard.
INDUSTRY, LIGHT means the use ofany land or buildings for any general industrial use that can
be carried out without hazard or intrusion and without detriment to the amenity of the surrounding
area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
INFILL DEVELOPMENT means development or redevelopment occurring on an infill lot.
INFILL LOT means a vacant lot that remains, or is subdivided from another lot, following
completion of the initial development of an area.
INSPECTOR means any person appointed and engaged as an Inspector by Council or by any federal
or provincial authority or the agent thereof.
INSTITUTION means a building or part thereof occupied or used by persons who:
(a)
are involuntarily detained, or detained for penal or correctional purposes, or whose
liberty is restricted, or;
(b)
require special care or treatment because of age, mental or physical limitations or
medical conditions.
INTERMITTENT WA TERCOURS.E means a watercourse that flows for only a part of the year,
such as during snowmelt, spring runoff, rainstorms, and wet periods.
KENN.EL means land and buildings where five (5) or more dogs over the age of six months are
boarded, bred, trained, or cared for, and does not include a veterinary clinic.
Schedule A - Page 10
LAND includes land covered by water, and buildings and structures on, over, or under the soi I and
fixtures that form part of these buildings and structures.
LIGHT INDUSTRY-See INDUSTRY, LIGHT
LIVESTOCK means any species of poultry, cattle, sheep, swine, goats. llamas, horses, or other
animals that are normally kept and raised on farms and used or intended for use as food or food
related purposes, for riding (e.g. horses), or for improving animal nutrition, breeding or management
for profit, personal use, or otherwise, and does not include a domestic animal as defined in these
regulations.
LIVESTOCK FACILITY means a building or confined area used or intended to be used to house
or confine livestock, and includes a structure or area used or intended to be used to store manure.
LOCAL STREET means a street designed primarily to provide access to adjoining land and which
is not designated as a collector street or arterial street in the Municipal Plan or on the Zoning Map.
*LOT means a plot, tract or parcel ofland which can be considered as a unit ofland for a particular
use or building.
*LOT AREA means the total horizontal area within the lines of the lot.
LOT, CORNER means a lot having two or more sides fronting onto two or more adjacent streets.
*LOT COVERAGE means the combined area of all buildings on the lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total area of the lot.
LOT LINE means a common boundary between a lot and an abutting lot or street.
MAIN BUILDING means the building or buildings in which the primary use(s) ofa lot on which
the building is located is conducted.
MAIN USE(S) means the primary purpose(s) for which a building, other stiucture or lot is designed,
arranged, or intended, or for which a lot may be used under this regulation.
MEDICAL means a facility used by physicians, dentists or other health professionals, their staff;
and patients for consultation, diagnosis, and treatment of patients. Without limiting the generality of
the foregoing, a medical facility may include administrative offices, waiting rooms, examination
rooms, treatment rooms, laboratories, pharmacies, and dispensaries, but shall not include
accommodation for in-patient care or operating rooms.
Schedule A - Page I I
MINERAL EXPLORATION means the activity of searching for minerals or mineral occurrences,
including oil exploration, wherein, for the purposes of these Regulations it takes the form of a
development that is visible and involves appreciable disturbance to soil.
MINERAL EXTRACTION means the use ofland for the extraction ofores, minerals, and/or salts,
which has been approved in accordance with applicable legislation and includes stockpiles ofore and
any other uses incidental or accessory to ore extraction.
MINERAL PROCESSING means the use ofland or buildings for the processing of ores, minerals
and/or salts in association with mineral extraction, and includes stockpiles ofraw and processed ores,
production facilities, buildings, and any other uses incidental or accessory to ore processing
activities.
MINI-HOME means a prefabricated single dwelling unit that complies with the National Building
Code, is designed to be used with or without a permanent foundation, has a width ofless than six (6)
metres throughout its entire length exclusive of steps or porches, is not fitted with facilities for
towing or to which towing apparatus can be attached, and is capable of being transported by means
of a single trailer from the site of its construction without significant alteration.
MINISTER means the Minister of Municipal Affairs responsible for the Urban and Rural Planning:
Act.
MINISTER'S REGULATIONS means Regulation 3/01 under the Urban and Rural Planning Act
(2000), which sets out the Province's requirements for regulations to be included in the Development
Regulations of Newfoundland and Labrador municipalities.
MINI STORAGE ESTABLISHMENT means one or more buildings containing separate spaces
that are offered by lease or rent for the storage of goods.
MOBILE HOME means a dwelling unit that is constructed so as to be suitable for being attached to
and drawn by a motor vehicle on its own wheels, notwithstanding that it may be jacked up or its
running equipment may be removed.
MOTEL means an establishment that serves the travelling public, which consists of one or more
buildings containing four or more attached accommodation units, which may or may not have
restaurant, retail. and personal services.
·
MULTIPLF, DWELLING See "DWELLING, MULTIPLE"
MUNICIPAL SERVICES means services provided by the Buchans Town Council including water,
sewer, storm drainage, street lighting, garbage collection, and recreational facilities and programs.
Schedule A - Page 12
NIGHTCLUB- See "DRINKING ESTABLISHMENT".
*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.
NOXIOUS USE means a use of land or a building which, from its nature or operation, creates a
nuisance, or is liable to become a nuisance that is offensive or dangerous by reason of noise,
vibration, or emission of gas, fumes, dust, or objectionable odour.
NURSING HOME means a residence licensed under Provincial legislation, in which the proprietor
supplies lodging and meals and, if required, nursing, medical, or similar care and treatment, and
without limiting the generality of the foregoing, may include a rest home, personal care home, or any
similar provincially licensed establishment.
OFFICE means a use providing for administrative, governmental, professional services, and general
oflice functions.
OPEN SPACE means land set aside to preserve natural areas or to develop passive recreational
uses. Open space may include woodlands, fields, walking trails, and passive recreational uses, but
shall not include structures such as buildings, tennis courts, parking lots., or other impervious land
uses.
OUTDOOR ASSEMBLY USE means land used as a gathering place for substantial numbers of
people and, without limiting the generality of the foregoing, includes bleachers, grand stands,
outdoor ice rinks, swimming pools, golf courses, rifle ranges, sports clubs, amusement parks, fair
grounds, exhibition grounds, drive-in theatres, and similar gathering places.
OUTDOOR MARKET means an outdoor use providing for temporary commercial sales by varied
vendors of locally grown produce, preserves, meats, fish, arts and crafts, home baking, light meals,
and light refreshments.
OUTFITTER OPERATION means the use ofland to provide guiding services for hunting, fishing,
and other outdoor recreational activities, and may include associated accommodations and food
services.
*OWNER means a person or an organization of persons owning or having the legal right to use the
land under consideration.
PASSIVE RECREATION AL lJSE means a recreation activity that generally does not require a
Schedule A - Page 13
developed site, and includes such uses as walking, bicycling, and skiing trails, but does not include
sports fields, structures, or facilities to accommodate any type of motorized vehicle.
*PERMITTED USE means a use that is listed within the permitted use classes set out in the use
zone tables of Council's development regulations.
PERSONAL CARE HOME - See "NURSING HOME".·
PERSONAL SERVICE means a service oriented to the personal needs of persons, and without
limiting the generality of the foregoing, includes hairdressing shops, beauty salons, gyms, computer
service shops. hobby shops, and photo studios.
PIT AND QUARRY
See "AGGREGATE EXTRACTION"
PLACE OF WORSHIP means a building or land commonly used for public worship by any
religious organization and may include an associated or accessory rectory, manse, church hall,
auditorium, or religious school.
PLANNED UNIT DEVELOPMENT (PUD) means a development that allows flexibility in the
design and zoning standards of a subdivision. Approval of a PUD generally sets an overal I density
limit for the entire subdivision, allowing the dwelling units to be clustered to provide for common
open space.
PLANNING AREA means the legal geographical area wherein the Town has land use management
authority. The Planning Area for the Town of Buchans extends beyond its Municipal Boundary area.
*PROHIBITED USE means a use that is not listed within the permitted use classes set out in the
use zone tables of Council's development regulations, but does not include a use that Council, in
accordance with Paragraph I 04, has deemed to be similar to a permitted or discretionary use.
PUBLIC BUILDING means a building that can be used for a public or non-profit purpose and
without limiting the generality of the friregoing. may include such a building such as a school, place
of worship, municipal recreation facility, community centre. hospital. town hall, fire hall. police
station, and government office.
PUBLIC STREET - see "STREET".
*REARY ARD means the distance between the rear lot line and the rear wall of the main building on
the lot.
RECREATIONAL DWELLING See "DWELLING, RECREATIONAL"
Schedule A - Page 14
RECREATIONAL FACILITY means a building used for indoor sports activities and/or public
assembly events.
RECREATIONAL USE means an indoor or outdoor recreational facility designed and equipped for
the conduct of sports and/or leisure activities.
RECREATIONAL VEHC!LE means a vehicle designed as a temporary dwelling for travel,
recreational, and vacation use, which is either self propelled or mounted on or pulled by another
vehicle, and includes a travel trailer, camping trailer, truck camper. motor home. fifth wheel trailer,
camper van, or converted bus. A Recreation Vehicle is not permitted to be used as a permanent
dwelling in Buchans.
RECYCLING DEPOT means a facility used to deposit, store, separate, clean, or redistribute
discarded materials such as drink containers, paper, glass, plastic, cardboard, and household goods.
RESTAURANT means a building or part thereof. designed or intended to be used or occupied for
serving the general public with meals or refreshments for consumption on the premises.
RESTAURANT, TAKE-OUT means a building in which the primary purpose is the preparation
and sale of meals or refreshments for consumption off the premises.
ROW DWELLING - See "DWELLING, ROW"
SALVAGE YARD means a building or land where scrap metal, motor vehicles, and vehicular parts
are collected and are wrecked, crushed, demolished, sorted, disassembled, repaired and resold.
SENIORS HOUSING AND PERSONAL CARE "FACILITY means a comprehensive
development that includes detached or attached living units to accommodate seniors and disabled
persons, as well as associated indoor or outdoor facilities to provide for the care, recreation. and
social needs of these residents.
·
SERVICE STATION means any land or building used for the sale of petroleum products,
automotive parts and accessories, minor repairs, washing and polishing of motor vehicles.
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
ofretail services but does not include an establishment wherein the primary purpose is the serving of
meals or refreshments, an amusement use, a general garage, or a service station.
Schedule A - Page 15
SHOPPING CENTRE means a group of shops and complementary uses with integrated parking
and which is planned, developed and designed as a unit containing a minimum of three (3) retail
establishments.
SHOWROOM means a building or part ofa building in which samples or patterns are displayed and
in which orders may be taken for goods, wares or merchandise, including vehicles and equipment,
for later delivery.
*SIDEY ARD DEPTH means the distance between the side lot line and the nearest side wall of a
building on the loL
*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 ofadvertisement, 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.
SINGLE DWELLING - See "DWELLING, SINGLE"
SLOPE means the rate of vertical change of the surface of the ground expressed as a percentage
figure and determined by dividing the change in vertical distance by the change in horizontal
distance.
SOD FARM means the use ofland for the cultivation and harvesting oflawn grass, along with the
soil that supports it, for commercial sale.
STORE means a store or shop engaged in the sale of goods to individual customers for personal use
rather than for resale, and without limiting the generality of the foregoing, may include: stores
engaged in the sale of groceries, hardware, dry goods, antique and second-hand articles, appliances,
tools, art and crafts, books, clothing, garden supplies, recreation and sporting goods, baked goods.
pharmacies, convenience stores, florists, and video rental stores, but does not include any use
separately listed in a zone.
*STREET means a street, road or highway or other way designed for the passage of vehicles and
pedestrians with the following characteristics:
(i)
it is designed for the passage of fire department and other emergency vehicles,
(ii)
it includes related infrastructure, for example, the roadway itselt: side ditches, culverts, and
bridges, and
(iii)
its maintenance is the responsibility of Council or the Provincial Department of
Transportation and Works.
*STREET LINE means the edge of a street reservation as defined by Council.
Schedule A - Page 16
STRUCTURE means anything constructed or erected with a fixed location on or below the ground,
or attached to something having a fixed location on the ground, and includes buildings, walls, fences,
signs, billboards, utility poles, and similar items.
SUBDIVISION means the dividing of any land, whether in single or joint ownership, into two or
more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary to
a single dwelling, commercial building, or public building.
SURFACE WATER means any flowing or standing water on the surface of the earth.
SUSTAINABLE DEVELOPMENT means development that meets the needs of the present
without compromising the ability of future generations to meet their own needs, and applies to the
environmental, economic, social, cultural, and local governance aspects of the community.
TAKE-OUT RESTAURANT - See "REST AURA NT, TAKE-OUT'
TAVERN - See "DRINKING ESTABLISHMENT".
THEATRE means a building or large room, usually with tiered seats for an audience, used for film
shows, plays, musical perfonnances, etc.
TOURIST COTTAGE ESTABLISHMENT means an area of land, managed as a unit, consisting
of three or more self-contained accommodations units used for short-tenn stays, and where accessory
uses could include an administrative office, cluhhouse, snack bar, convenience store, swimming
pool, and recreational facilities;
TOWNHOUSE - See "DWELLING, ROW".
TRAVEL TRAILER See "RECREATIONAL VEHICLE"
TRUCKING/HEAVY EQUIPMENT DEPOT means a building or land used for the maintenance,
servicing, storage, or repair of trucks, heavy equipment, and similar commercial vehicles, including
the dispensing of fuel and petroleum products and the sale of parts and accessories.
*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 ofa particular use zone table in Schedule C
of the Regulations relate.
Schedule A - Page 17
UTILITY means a utility provided by any agency, which, provides the public with electricity, heat,
steam, communications, water, sewage, garbage collection, or other similar service;
*VARIAN CE means a departure, to a maximum of I 0% unless otherwise stipulated in these
regulations, from the yard area, lot coverage, setback, size, height, frontage or any other numeric
requirement of the applicable Use Zone Table of Council's regulations.
VETERINARY means an establishment used by veterinarians, or practitioners in related specialties,
for practicing veterinary medicine, where animals are admitted for examination and treatment, and
where limited laboratory and other diagnostic services may be offered, but excludes a kennel;
WAREHOUSE means a building used for storage, distribution and wholesaling oflarge quantities
of goods.
WATERCOURSE means the full width and length, including the bed, banks, side and shoreline, or
any part, of a river, stream, spring, brook, lake, pond, reservoir, estuary, or other natural or artificial
freshwater channel open to the atmosphere, the primary function of which is the conveyance or
containment of water, whether the tlow is continuous or not.
WATERCOURSE, MINOR means a drainage course that carries water only during rain events or
snowmelt, an intermittent stream that does not carry significant spring runoff, and a stream that is not
fish habitat.
WATERSHED means the surface area contained within a topographical divide above a specified
point on a river, brook, stream, or other flowing body of water;
WATERCOURSE VEGETATION LINE means the line of naturally occurring terrestrial
vegetation present along the banks of a river 01· stream or on the shore of a lake;
WETLAND means a land whose soil is saturated with moisture either permanently or seasonally.
Wetlands include swamps, marshes, bogs, fens, and shallow water, among others. The water found
in wetlands can be saltwater, freshwater, or brackish.
WETLAND, MINOR means a wetland of less than 5,000 square metres in area that is not
associated with a watercourse and is not deemed to be an environmentally sensitive area.
*ZONING MAP means the map or maps attached to and forming part of the Regulations.
Schedule A - Page 18
TOWN OF BUCHANS
DEVELOPMENT REGULATIONS 2012-2022
SCHEDULED
CLASSIFICATION OF USES OF
LAND AND BUILDINGS
Town of Buchans
Development Regulations 2012
SCHEDULEB
CLASSIFICATION OF USES
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Movie theatres, Studios admitting an audience.
Cultural and Civic
Libraries, museums, meeting rooms, Council
chambers
General Assembly
Community halls, lodge halls, dance halls,
gymnasia, auditoria, bowling alleys
Educational
Schools, colleges
Place of Worship
Churches and similar places of worship, church
halls
Club and Lodge
Private clubs and lodges (non-residential)
Catering
Restaurants, bars, lounges, food services
Drinking establishment
Bars, lounges, pubs, nightclubs
Funeral Home
Funeral homes and chapels
Child Care
Day eare centres
Amusement
Electronic games arcades, poo 1 halls
Indoor Assembly
Arenas, ice rinks, indoor swimming pools
Bleachers, grandstands, outdoor ice rinks,
Outdoor Assembly
swimming pools, amusement parks, fair-
grounds, exhibition ~rounds
Recreational Use
Stadiums, curling clubs, gymnasiums, golf
clubhouse, ski clubhouse
Campground ·
Campgrounds
INSTITUTIONAL
Penal and Correctional
Jails, police stations (with detention quarters),
USES
Detention
orisons, refom1atories, group homes
Medical Treatment and
Children's homes, convalescent homes
Special Care
homes for aged, hospitals
Schedule B - Page I
Town of Buchans
Development Regulations 2012
SCHEDULEB
CLASSIFICATION OF USES
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
RESIDENTIAL
USES
Single Dwelling
single detached dwellings
Double Dwelling
semi-detached dwellings, duplex dwellings
Row Dwelling
Row houses, townhouses
Apartment Building
Apartments, family & group homes
Collective Residential
Educational residences, nurse and hospital
residences, etc.
Boarding House
Boarding honses
Residential
Bed and Breakfast
Bed and breakfast
Commercial
Hotels, motels, tourist cottages, hostels, inns
Residential
Mobile Homes. Mini-
Mobile homes, mini-homes
Homes
Seniors Housing and
Seniors housing, personal care homes, nursing
Personal Care
Facilities
homes, family and group care centres
Schedule B - Page 2
Town o{Buchans
Development Regulations 2012
SCHEDULEB
CLASSIFJCATION OF USES
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
BUSINESS &
Office
Offices, banks
PERSONAL
Medical and
Medical offices, dental offices & surgeries,
SERVICE USES
Professional
leirnl offices & similar professional offices
Personal Service
Barbers, hairdressers, small appliance repairs
Laundries, dry cleaners (not using flammable
General Service
or explosive substances), appliance rentals,
travel agents
Communications
Radio stations, telephone exchanges,
communications towers,
Police Station
Police stations
Taxi Stand
Taxi stands
Take-out Restaurant
Take-out food service
Veterinary
Veterinary clinics and surgeries
MERCANTILE
Shopping Centre
Shopping centres
USES
Retail shops and stores, showrooms,
Shop
department stores, garden centres, building
suoolv stores
Indoor Market
Market halls, auction halls
Outdoor Market
Market grounds, produce and fruit stands, meat
and fish stalls
Convenience Store
Confectionary stores, comer stores, gift shops,
soecialtv shops
Vehicle sales and
Automobile dealerships, recreational vehicle
services
dealerships
Schedule B - Page 3
Town of Buchans
Development Regulations 2012
SCHEDULES
CLASSIFICATION OF USES
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
INDUSTRIAL
Bulk storage of hazardous liquids and
USES
Hazardous Industry
substances, chemical plants, distilleries
feed mills, spray painting shop
Factories, cold storage plants, freight depots
General Industry
general garages, warehouses, workshops,
planing mills, contractors yards
Service Station
Gasoline service stations, gas bars
Light Industry
Light industry, indoor storage, warehouses,
workshops, greenhouses
Schedule B - Page 4
Town ofBuchans
SCHEDULEB
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
NON-BUILDING
Agriculture
commercial fanns, hobby farms. market
USES
gardens, nurseries, livestock facilities
Forestry
Forest harvesting, silviculture, logging roads
Mineral Exploration
Mineral exploration
Aggregate extraction
Quarries, pits, gravel screening and processing
Mineral Extraction
Mining, oil wells
Mineral Processing
Mineral processing, mills, plants, ore stockpiles
Playing fields, sports grounds, parks,
Recreational Use
playgrounds, hiking trails, indoor facilities,
outdoor assembly uses
Open Space
Trails, picnic areas, parks
Conservation
Watersheds, buffer strips, flood plains,
wildlife sanctuaries
Cemetery
Cemeteries
Salvage Yard
Car wrecking yards, junk yards, scrap dealers
Solid Waste
Solid waste disposal, sanitary landfill
Recycling centres
Animal
Animal pounds, kennels
Communications
TV, radio and communications transmitting
towers and antennae
Transportation
Airfields, docks, harbours
Energy generation
Wind generators, solar generators, small hydro
facility
generators
Schedule B - Page 5
TOWN OF BUCHANS
DEVELOPMENT REGULATIONS 2012-2022
SCHEDULEC
USE ZONE TABLES
SCHEDULEC
USE ZONE SCHEDULES
Schedule C contains tables showing the use classes that are permitted or that are treated as discre-
tionary use classes for the purpose of these Regulations. The tables also indicate the required
standards of development and conditions affecting some or all of the use classes.
Before issuing an Approval in Principle or a Development Permit for a development, Council shall
review the application to ensure that it is in compliance with:
-
Part I - General Regulations
-
Part II - General Development Standards
-
Part III - Subdivision of Land
-
Schedule A - Definitions
-
Schedule B - Classification of Uses of Land and Buildings
-
Schedule C - Use Zone Schedules
-
Schedule D - Offstreet Loading and Parking Requirements
-
Schedule E
Ministerial Development Regulations
Schedule C contains tables for the follovving Use Zones:
ZONE
SYMBOL
PAGE
··········-····- ... --··-·-··--·--·---···--·····- ········---····· ........................... ·································-·-·--
Environmental Protection
EP
I
Special Protection Area
SPA
3
Residential
RES
4
Mixed Use
MU
8
Commercial High'.Y~t ____
CH
13
····--····-··---···----···
Public Use
PU
16
Cemetery
CEM
18
Industrial Commercial
IC
19
Mineral Extraction
!\.IE
22
--w---------c
-·--------····--·
·-----·-·--·---
·-----·- ----------
--------------------,.. ----------·-
Rural
RU
27
Town of Buchans
Development Regulations 2012
SCHEDULEC
ENVIRONMENTAL PROTECTION (EP) ZONE
ZONE TITLE
ENVIRONMENT AL PROTECTION
"EP"
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 82)
(See Regulations 30 and 83)
Conservation
Mineral exploration
Municipal infrastmcture (See Condition 3)
Open space
Tn1I1~Porta!io11{~ee Condition 2)
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table can be permitted at the discretion of Council
provided the development would not be contrary to the purpose and intent of the
Environmental Protection zone.
2.
Transportation
(I)
Transportation uses that can be permitted at Council's discretion are limited to public
streets and associated infrastructure.
(2)
The development of a transportation use in the EP zone will be permitted only if:
(a)
Alternative locations for access are not reasonably available,
(b)
It is clearly demonstrated to Council that potential environmental impacts can
be satisfactorily minimized or mitigated,
(c)
The development satisfies any terms and conditions that may be set Council,
and
( d)
The development conforms to necessary Provincial approvals.
3.
Municipal Infrastructure
( 1)
Municipal infrastructure uses that can be permitted at Council's discretion are limited
to municipal water supply facilities, stormwater drains, and other infrastructure
necessary for the Town's servicing operations.
(2)
Stormwater drainage outlets will be no closer than 12 metres from the edge of a
stream, river, or other watercourse.
4.
Environmental Control
(I)
All approved developments and utilities must be designed and constructed in
accordance with high environmental standards as specified in terms and conditions
established by Council.
Town ofBuchans
Development Regulations 2012
SCHEDULEC
ENVIRONMENTAL PROTECTION (EP) ZONE
(2)
Where it deems necessary, Council may require a proposed discretionary use to
undergo an appropriate assessment to ensure that the development will be undertaken
in a way that minimizes potential enviromnentaJ effects.
Town of Buchans
Development Regulations 2012
SCHEDULEC
SP ECL4L PROTECTION AREA (SP A) ZONE
ZONE TITLE
SPECIAL PROTECTION AREA
"SPA"
-··-····~- ·····-··--
--···- ·······-·······-·- ··-··-----
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 82)
(See Regulations 30 and 83)
Conservation (See Condition 1)
CONDITIONS
1.
Conservation
Land in the Special Protection Area zone was rehabilitated to cover contaminated soils with
an artificial membrane, clean surface soils, and planted vegetation to prevent wind and water
erosion. Absolutely no land use development or activities, other than maintenance of the
rehabilitated site, are permitted in this zone.
Town of Buchans
Development Regulations 2012
ZONE TITLE
RESIDENTIAL
SCHEDULEC
RESIDENTIAL (RES) ZONE
"RES"
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 82}
(See Regulations 30 and 83)
-·--
Conservation
Apartment building
Double dwelling
Bed and breakfast (See Condition 5)
Home occupation (See Condition 3)
Boarding house
Open space
Child care (See Condition 4)
Single dwelling
Energy generation facility (See Condition 12)
Row dwelling
Kennel (See Condition 11)
Subsidiary apartment (See Condition 6)
Mini-home
Recreational use
--.. --~··-
Seniors housing and pers()~al care facility (See Condition 9)
DEVELOPMENT STANDARDS
Single Dwelling
Double Dwelling
Row Dwelling
Min_ Lot Area (m')
450
280/du
180/du - inside unit
21 O/du - end unit
-- -------------
Min. Floor Area (m')
65
65/du
65/du
Min. Frontage (m)
14.0
7.5/du
6.0/du
inside unit
8.5/du - end unit
-.....
~----
Min. Frontyard (m)
6.0
6.0
6.0
-----
Min_ Sideyard (m)
2.0 + 1.0
2.0 + 2.0
2.0 + 2.0
- ··········---
Min. Sideyard Flanking Street (rn)
6.0
6.0
6.0
Min_ Rearyard (m)
7.0
7.0
7.0
----------
Max. Lot Coverage - A II
38o/o
38o/o
38°/o
Buildings
---··
Aoartment Buildin2
One Bedroom
Two Bedroom
Three Bedroom
·------ -
---
Min. Lot Area (m')
130/du
150/du
170/du
Min. Floor Area (m')
40
50
60
--- ········--·
---········-···
-------
Min. Frontage (m)
20.0
Min. Frontyard (m)
7.0
·············-
------
Min. Sideyard (m)
3.0 + 3.0
Min. Rearyard (m)
6.0
Max. Lot Coverage
All
38%
Buildings
-·····
Note - 'du' means dwelling unit
Town ofBuchans
Development Regulations 2012
1.
Discretionary Use Classes
CONDITIONS
SCHEDULEC
RESIDENTIAL (RES) ZONE
The discretionary use classes listed in this table can be permitted at the discretion of Council
provided the development would be complementary to the uses within the Permitted Use
Classes, would not inhibit the development of permitted uses, and would not be contrary to
the intent of the Municipal Plan or these Regulations.
2.
Municipal Servicing Requirements
No new dwelling or other building, except an accessory building, will be approved in the
Residential zone that cannot be connected to municipal piped services.
3.
Home Occupations
See Regulation 40, Part II - General Development Standards
4.
Child Care Service
See Regulation 41, Part II - General Development Standards
5.
Bed and Breakfast
See Regulation 42, Part Tl
General Development Standards
6.
Subsidiary Apartments
One subsidiary apartment may be permitted in a single dwelling subject to the following
conditions:
(a)
Provision shall be made for at least one additional off-street parking space.
(b)
The apartment will be completely self-contained, with facilities for cooking, sleeping,
and bathing.
( c)
A minimum floor area of forty ( 40) square metres is required for a one-bedroom
apartment, plus an additional ten (10) square metres for each additional bedroom.
7.
Accessory Building on a Residential Lot
In addition to the requirements for accessory buildings set out in Regulation 38 of the
General Development Standards, an accessory building on a residential lot will be subject to
the following standards and conditions:
(a)
The use of an accessory building shall be clearly incidental and complementary to the
main dwelling.
(b)
No accessory building will exceed a maximum floor area of 67 square metres or
maximum lot coverage of 8 percent, whichever is Jess.
Town of Buchans
Development Regulations 2012
SCHEDULEC
RESIDENTIAL (RES) ZONE
(c)
The ma,ximum height to the peak of an accessory building is 4.0 metres.
( d)
An accessory building will be erected behind the building line unless otherwise
authorized by Council in accordance with Regulation 38.
(e)
An accessory buildings must be at least 0.6 metres from any side or rear lot line.
(f)
Except for minor vehicle maintenance, no accessory building will be used for the
repairing, painting, dismantling, or scrapping of vehicles or machinery.
(g)
An accessory building can be used for a home occupation subject to Regulation 40
of Part II or these Regulations.
8.
Accessory Building on a Separate Lot from the Main Dwelling
In addition to the requirements for accessory buildings set out in Regulation 38 of the
General Development Standards, a residential accessory building on a separate lot will be
subject to the following standards and conditions:
(a)
The use of an accessory building shall be clearly incidental and complementary to the
main dwelling.
(b)
The maximum floor area of an accessory building is 32 m'.
(c)
The maximum height to the peak of an accessory building is 4.0 metres.
(d)
The minimum separation of an accessory building from any other building is 2.5
metres.
(e)
Except for the parking oflicensed vehicles, no outdoor storage will be permitted.
(f)
Except for minor vehicle maintenance, an accessory building will not be used for
major repairs, painting, dismantling, or scrapping of vehicles or machinery.
(g)
Unless authorized at the discretion of Council, an accessory building will not be used
for a home occupation.
9.
Seniors Housing and Personal Care Facilities
Notwithstanding any other provisions of these Regulations, the following provisions shall
apply to the development of a Seniors Housing or Personal Care facility:
(a)
The development will be treated as a single comprehensive development as set out in
Part II of these Regulations, except that the minimun1 dwelling floor areas. building
line setbacks and yards shall be as determined by Council.
Schedule C - Page 6
Town of Buchans
Development Regulations 2012
SCHEDULEC
RESIDENTIAL (RES) ZONE
(b)
The development shall be tailored to the needs of the persons oceupying the
development in accordance with their condition.
( c)
The overall design of the development-including road layout, landscaping, building
design and location, parking areas, and so forth
will be attractive and compatible
with other uses in the vicinity.
( d)
A single management authority shall be responsible for the maintenance of properties
within the development.
( e)
Building types can be as necessary to serve the purposes of the development.
including a variety of dwelling types, care facilities, and communal facilities such as
storage rooms, hobby rooms, workshops, and garages.
(f)
The total lot coverage of all buildings will not exceed 35%.
(g)
Parking standards will accommodate the needs of the residents, staff, and visitors,
and at least one (I) parking space will be provided adjacent to each independent
living dwelling unit with a separate exterior entrance.
10.
Comprehensive Development
In accordance with Regulation 30 (1) (d) and Regulation 48 of these Regulations, Council,
at its discretion, can pem1it a comprehensive development that does not follow the
Development Standards outlined above.
11.
Kennels
The development of a new kennel, if permitted as a Discretionary Use, will adhere to such
terms and conditions set by Council to minimize potential noise, odour, and other impacts on
neighbouring land uses.
12.
Energy Generation Facilities
An energy generation facility, if permitted by Council, will be subject to Regulation 59 of
the General Development Standards.
Town of Buchans
Development Regulations 2012
SCHEDULEC
ML¥ED USE (AIU) ZONE
.-----·--.... -.. -----------------------------,
ZONE TITLE
MIXED USE
"MU"
t--------------------------------... ---1
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
1-----~CS_e_e __
R_eg[il(i_tio_n_8_2~n----1----~(_Se_·e_R_e~:g~1u_la_ti_on_s_3_0_an_d_8~3)~----i
Apartment building (See Condition 2)
Amusement use (See Condition 14)
Child care (See Condition 7)
Bed and breakfast (See Condition 8)
Club and lodge
Boarding house
Conservation
Building supply store
Dwelling, double (See Condition 2)
Can1pground
Dwelling, row (See Condition 2)
Communications
Dwelling, single (See Condition 2)
Drinking establishment (See Condition 14)
Educational
Energy generation facility (See Condition 15)
Family and group care centre
Funeral Home
General assembly
Garden centre
General service
General garage
Home occupation (See Condition 6)
Greenhouse
Indoor assembly
Hotel and motel
Indoor market
Kennel (See Condition 11)
Medical
Light industry
Nursing home (See Condition 13)
Mineral exploration
Office
Outdoor assembly use
Open space
Place of worship
Outdoor market
Recycling depot
Personal service
Restaurant, take-out (See Condition 14)
Public building
Service station
Recreational use
Shopping centre
Restaurant
Tourist cottage establishment
Seniors housing and personal care facility Vehicle sales and services
(See Condition 13)
Warehouse
Shop
Subsidiary apartment (See Condition 9)
Veterinarv
~---'-"'----------···················------------------~
Town of Buchans
SCHEDULEC
MIXED USE (MU) ZONE
Development Regulations 2012
DEVELOPMENT STANDARDS
----····_,_________
"
-----------------·-·-----··-··------------- ··-···-··----
All ~_ll.!l~~~~i-~~'!!!?! 1=Jse~-~xcept Shopping Centres
Minimum Frontyard (m)
7.5
(may be varied in accordance with Condition 3)
Minimum Sideyard (m)
2.5
(waived for buildings with adjoining walls)
Minimum Sideyard for Open Storage (m)
5.0
Min. Flanking Road Sideyard (m)
6.0
(may be varied in accordance with Condition 3)
Minimum Rearyard (m)
10.0
(may be varied in accordance with Condition 3)
Maximum Lot Coverage
38%
----
Sho nnine Centres
Minimum Lot Area (m2 )
4,000
Minimum Frontvard (m)
_____ 1"~r~ql!i!().d_gy_f<:un~----- ···-······--· ....
Minimum Sidevard (m)
As required by Council
Minimum Rearvard (m)
As required bv Council
······-··---
Maxiip1,111.1 Lot Coverage - All Buildings
38%
Residential Uses
·-------·
Residential development in the Mixed Use zone will follow the development standards
established in the Residential land use zone.
---····-····-·
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table can be permitted at the discretion of Council
provided the development would be complementary to the uses within the Permitted Use
Classes, would not inhibit the development of permitted uses, and would not be contrary to
the intent of the Municipal Plan or these Regulations.
2.
Mixing of Residential and Non-Residential Land Uses
(1)
Residential Developments
A residential development, including a single, double, or row dwelling, or an apartment
building, may be subject to conditions set by Council to ensure it is compatible with
neighbouring commercial or other non-residential land uses. Notwithstanding that residential
uses are included in the Permitted Use classification, a proposed residential development will
not be approved if it is deemed by Council to be incompatible with an existing non-
residential use.
Town ofBuchans
Development Regulations 20 J 2
(2)
Non-Residential Development
SCHEDULEC
Af!XED USE (MU) ZONE
A non-residential development may be subject to conditions set by Council to ensure it is
compatible with neighbouring residential uses. Notwithstanding the Permitted and
Discretionary Uses listed in the Use Zone Table. where an area within the Mixed Use
designation is predominantly residential in character, a proposed non-residential use will not
be approved if it is deemed by Council to be incompatible with existing dwellings and the
residential character of the area.
3.
Compatible Yard Setbacks
Notwithstanding the yard setback standards in the Use Zone Table, Council may require the
setbacks of new buildings to complement existing building setbacks on adjoining or nearby
lots on the same street.
4.
Conditions for Non-Residential Development
A non-residential development will be subject to the following:
(a)
It must be located and designed to minimize the impact of traffic, appearance, noise,
odour, lighting, and signage on adjacent and nearby residential uses.
(b)
It must be designed and maintained to a high standard with regard to safety,
appearance, and compatibility with surrounding land uses.
( c)
It must provide for adequate off-street parking in accordance with Schedule D, or
such other off-street parking standards that Council considers necessary to avoid
traffic or parking problems.
( d)
Outdoor storage associated with the use will not be pennitted in the front yard unless
otherwise authorized by Council. Storage may be permitted in side and rear yards
subject to terms and conditions to reduce potential impacts on neighbouring
properties.
(e)
At the discretion of Council, a development may be required to establish spatial
buffers and/or screening (e.g. fencing, vegetation) between the development and
abutting uses.
(f)
It will be subject to such other conditions that Council deems appropriate for the
development and use of the site. and for the amenity of adjacent and nearby land
uses.
(g)
No change in the type or scale of the use will be permitted except in accordance with
a development permit and conditions set by Council.
Town of Buchans
Development Regulations 20 l 2
5.
Municipal Servicing Requirements
SCJJEDULEC
MIXED USE (.MU) ZONE
No new dwelling or other building, except an accessory building, will be approved in the
Mixed Use zone that cannot be connected to municipal piped services.
6.
Home Occupations
See Regulation 40, Part II
General Development Standards
7.
Child Care Service
See Regulation 41, Part II - General Development Standards
8.
Bed and Breakfast
See Regulation 42, Part II - General Development Standards
9.
Subsidiary Apartments
(1)
One subsidiary apartment can be permitted in a single dwelling, commercial building,
and public building ..
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
Provision shall be made for at least one additional off-street parking space.
(b)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
( c)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
10.
Hazardous and Noxious Uses
In accordance with Regulation 55, Council may restrict the development or location of any
use or activity that might release or emit a hazardous or noxious substance that would affect
neighbouring properties.
11.
Kennels
The development of a new kennel, if permitted as a Discretionary Use, will adhere to such
terms and conditions set by Council to minimize potential noise, odour, and other impacts on
neighbouring land uses.
12.
Residential Accessory Buildings
An accessory building to a residential use will follow the development standards and
conditions established in the Residential land use zone.
Town of Buchans
Development Regulations 2012
SCHEDULEC
MIXED USE (A1U) ZONE
13.
Seniors Housing, Nursing Homes, and Personal Care Facilities
Notwithstanding any other provisions of these Regulations, the following provisions shall
apply to the development of a Seniors Housing and Personal Care Facility:
(a)
The development will be treated as a single comprehensive development as set out in
Regulation 48 of Part II of these Regulations, except that the minimum dwelling
floor areas. building line setbacks and yards shall be as determined by Council.
(b)
The development shall be tailored to the needs of the persons occupying the
development in accordance with their condition.
( c)
The overall design of the development including road layout, landscaping, building
design and location, parking areas, and so forth - will be attractive and compatible
with other uses in the vicinity.
( d)
A single management authority shall be responsible for the maintenance of
infrastructure and properties within the development.
( e)
Building types can be as necessary to serve the purposes of the development.
including a variety of dwelling types, care facilities, and communal facilities such a5
storage rooms, hobby rooms, workshops, and garages.
(f)
The total lot coverage of all buildings will not exceed 40%.
(g)
Parking standards will accommodate the needs of the residents, staff, and visitors,
and at least one ( 1) parking space will be provided adjacent to each independent
living dwelling unit with a separate exterior entrance.
14.
Take-Out Restaurants, Amusement Uses, and Drinking Establishments
Take-out restaurants, amusement uses, and drinking establishments will be considered for
approval only if the proposed site does not abut residential properties.
15.
Energy Generation Facilities
An energy generation facility, if permitted by Council, will be subject to Regulation 59 of
the General Development Standards.
16.
Comprehensive Development
In accordance with Regulation 30 (1) ( d) and Regulation 48 of these Regulations. Council,
at its discretion, can permit a comprehensive development that does not follow the
Development Standards outlined above.
Town of Buchans
Development Regulations 2012
SCHEDULEC
COMMERCIAL HIGHWAY (CH) ZONE
ZONE TITLE
COMMERCIAL HIGHWAY
"CH"
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See R,egulation 82)
(See Regulations 30 and~3)
Conservation
Building supply store
Open space
Campground (See Condition 2)
Restaurant
Communications
Store or shop (See Condition 3)
Drinking establislunent (See Condition 3)
Energy generation facility (See Condition 7)
General garage
Greenhouse
Outdoor ass em b 1 y use
Outfitter operation
Recreational use
Restaurant, take-out (See Condition 3)
Service station
Subsidiary apartment (See Conditions 3 and 4)
Tourist cottage establishment (See Condition 2)
Trucking/heavy equipment depot
Vehicle sales and service
...
DEVELOPMENT STANDARDS
Minimum Frontyard (m)
10.0
(Council mav require higher setbacks)
Minimum Sideyard (m)
5.0 + l.O
(may be waived for ~uildings wit~adjoining wa}lsj_
~nimum Side~ard for Open Storage (m)
5.0
Min. Flanking Road Sidevard (m)
6.0
---~-
Minimum Rea:rvard (ml
10.0
Maximum Lot Coverage - All Buildings
38%
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table can be permitted at the discretion of Council
provided the development would be complementary to the uses \Nithin the Permitted Use
Classes, would not inhibit the development of permitted uses, and would not be contrary to
the intent of the Municipal Plan or these Regulations.
Town of Buchans
Development Regulations 2012
2.
Tourist Accommodations
SCHEDULEC
COMMERCIAL HIGHWAY (CH) ZONE
(I)
A proposal for a hotel, motel, tourist cottage establishment, or campground will
require a development plan satisfactory to Council, which contains the following
info1111ation:
(a)
Location and size of operation, including campsites and/or cottage units
(b)
Internal roads and accesses
( c)
Parking areas
( d)
Accessory uses such as laundry facilities, storage areas, washrooms, showers,
convenience store, caretaker residence, and outdoor and indoor recreation
facilities
( e)
Water supply and waste disposal
(f)
Landscaping
(g)
Buffers and screening between the site and other nearby land uses
(h)
Delineation of the property to be developed on a legal survey
(i)
Where deemed necessary by Council, a phasing plans for development.
(2)
Commercial uses, washroom facilities, recreational areas, parking areas, laundries
and similar facilities directly associated with the development will not be located on
separate properties,
(3)
All camp sites, cottages, and on-site facilities that form part of the development will
be accessible only via the internal road network of the development.
(4)
Council may require the development to include suitable buffers and screening on
any portion of the development that abuts an existing or future public street or
residential area.
(5)
The development pe1111il will specify the maximum number of cottage units and/or
campsites for different uses such as tents and trailers that will be permitted on the
site,
(6)
No expansion or alteration of a campground, other than repairs and maintenance, will
take place without the discretionary approval of Council.
Town of Buchans
Development Regulations 2012
SCHEDULEC
COMMERCIAL HIGHWAY (CH) ZONE
(7)
The operation will comply with all bylaws and regulations of Council pertaining to
noise and unruly behaviour.
(8)
Where deemed necessary by Council, a deposit sufficient to cover the cost of buffers
and screening shall be deposited with Council until the work is completed in
accordance with the approved plan.
3.
Uses Permitted Only as Accessory Uses
In the Commercial Highway zone, take-out restaurants, drinking establishments, stores,
shops, and subsidiary apartments will be permitted only as accessory uses to another
permitted or discretionary use in the zone.
4.
Subsidiary Apartments
(I)
One subsidiary apartment may be permitted in a main use if it deemed by Council as
necessary for the operation of that use.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty ( 40) square metres is required for a one-
bedroom apartment, plus an additional ten (I 0) square metres for each
additional bedroom.
5.
Property Upkeep and Maintenance
Land and buildings in the Commercial Highway zone will be landscaped and maintained to
the satisfaction of Council.
6.
Hazardous and Noxious Uses
In accordance with Regulation 55, Council may restrict the development or location of any
use or activity that might release or emit a hazardous or noxious substance that would affect
neighbouring properties.
7.
Energy Generation Facilities
An energy generation facility, if permitted by Council, will be subject to Regulation 59 of
the General Development Standards.
Town o(Bucham·
Development Regulations 2012
ZONE TITLE
PERMITTED USE CLASSES
(See Regulation 82)
Child care (Condition 4)
Conservation
Cultural
Educational
General assembly
Hospital
Indoor assembly
Office (See Condition 2)
Open space
Outdoor assembly
Place of worship
Recreational use
SCHEDULEC
PUBLIC USE (PU) ZONE
PUBLIC USE
"PU"
DISCRETIONARY USE CLASSES
(See Regulations 30 and 83)
Cemetery (See Condition 5)
Club and lodge
Collective residential
Energy generation facility (See Condition 7)
Family and group care centre
Mineral exploration
Penal and correctional detention
Restaurant (See Condition 2)
Subsidiary apartment (See Conditions 2 & 6)
DEVELOPMENT STANDARDS
Minimum Frontyard (m)
8.0
(Counci[_ll!il.¥ require higher setbacks)
Minimum Sideyard (m)
5&1
(mav be waived for buildings with adjoining walls)
Min. Flanking Road Sidevard (m)
8.0
·······-····-
Minimum Rearyard (m)
8.0
Maximum Lot Coverage
38%
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table can be permitted at the discretion of Council
provided the development would be complementary to the uses within the Pennitted Use
Classes, would not inhibit the development of permitted uses, and would not be contrary to
the intent of the Municipal Plan or these Regulations.
2.
Uses Permitted Only as Accessory Uses
In the Public Use zone, an office, catering use, and subsidiary apartment 'Will be permitted
only as an accessory use to another permitted or discretionary use.
Schedule C - Page
Town of Buchans
Development Regulations 2012
3.
Development Criteria
A development will be subject to the following criteria:
SCHEDULEC
PUBLIC USE (PU) ZONE
(a)
It will meet the development standards or such higher standards as deemed necessary
by Council.
(b)
It will be located and designed to minimize the impact of traffic, noise, lighting, and
signage on surrounding residential uses. Where necessary, Council may require
screening through the provision of trees, shrubs, berms, landscaping, or fencing.
(c)
With the exception of non-building uses, full municipal piped services will be
required for new developments.
( d)
It will provide for adequate off-street parking in accordance with "Schedule D".
(e)
No change in the type or scale of the use will be permitted except in accordance with
a development permit.
(f)
It will be subject to such other conditions as Council deems necessary to ensure
maximum compatibility with nearby residential uses.
4.
Child Care Service
See Regulation 41. Part 11
General Development Standards
5.
Cemetery
An application to develop or expand a cemetery must be accompanied by a site design plan
illustrating the location ofthe cemetery, access points, landscaping, and buffers with adjacent
properties will be required prior to issuing a development permit.
6.
Subsidiary Apartments
(I)
One subsidiary apartment may be permitted in a main use if it is deemed by Council
to be necessary for the operation of that use.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty ( 40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
7.
Energy Generation Facilities
An energy generation facility, if permitted by Council, will be subject to Regulation 59 of
the General Development Standards.
Schedule C - Page 17
Town ofBuchans
Development Regulations 2012
ZONE TITLE
--
PERMITTED USE CLASSES
(See Regulation 82)
Cemetery
Conservation
1.
Cemetery
CEMETERY
SCHEDULEC
CEA!ETERY (CEM) ZONE
"CEM"
DISCRETIONARY USE CLASSES
(See Regulations 30 and 83)
CONDITIONS
An application to develop or expand a cemetery will include a site design plan illustrating the
location of the cemetery, access points, landscaping. and buffers with adjacent properties.
Town of Buchans
Development Regulations 2012
SCHEDULEC
INDUSTRIAL COlvfMERCIAL (IC) ZONE
-
ZONE TITLE
INDUSTRIAL COMMERCIAL
"IC"
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regul:.ition 82)
(See Regulations 30 and 83)
Auto body shop
Hazardous industry (See Conditions 8)
Building supply store
Salvage yard (See Condition 5)
Communications
Subsidiary apartment (See Condition 7)
Conservation
Construction yard
Energy generation facility
General garage
General industry
General service
Greenhouse
Light industry
Mineral exploration
Mini storage facility
Office
Open space
Outfitter operation
Recycling depot
Store or shop
Trucking/heavy equipment depot
Vehicle sales and service
Warehouse
!-----·
-·
DEVELOPMENT STANDARDS
-
Minimum Frontyard (m)
8
(Council may require higp_er setbacks) ____ ............. ,_
Minimum Sideyard (m)
_
5+5
Minimum Sideyard for Ooen Storage (m)
5
-·····
Min. Flanking Road Sideyard (m)
8
Minimum Rearvard (m)
15
Maximum Lot Coverage - All Buildings
38%
CONDITIONS
l.
Discretionary Use Classes
The discretionary use classes listed in this table can be permitted at the discretion of Council
provided the development would be complementary to the uses within the Permitted Use
Town ofBuchans
Development Regulations 2012
SCHEDULEC
INDUSTRIAL COMl11ERCIAL (IC) ZONE
Classes, would not inhibit the development of permitted uses, and would not be contrary to
the intent of the Municipal Plan or these Regulations.
2.
Flammable Liquids Storage
All buildings, tanks, and structures related to the bulk storage of flammable liquids will
conform to the requirements of the Provincial Fire Commissioner and shall be surrounded by
such buffers and landscaping as Council may require to reduce risks to adjacent uses due to
fire, explosion, or spillage of flammable liquid.
3.
Streets and Municipal Services
(1)
All uses must be provided with streets and municipal services designed for industrial
use including fire fighting capability.
(2)
Industrial establishments must provide adequate off-street parking facilities for all
employees and customers.
4.
Outdoor Storage
(1)
Outdoor storage and parking of materials arid equipment will generally be permitted
in the sideyards and rearyards of buildings. In certain circumstances, Council may
permit outdoor storage in frontyards.
(2)
Council may require fencing or other forms of screening where the quantity or type of
material being stored would contribute to unsightly appearance.
5.
Salvage Yards
Salvage yards will be subject to the following separation distances from other forms of
development.
Minimum Distance from Solid Waste
Type of Devel()p_l!lent
Site or S_ll!Y!IKe Yard
Existing or future residential areas
200 metres
-· --·------
Other future development areas
100 metres ....... _. ______
Public highway or street
50 metres
. ···············-
Watercourse or wat~r body
50 metres
6.
Screening and Landscaping
Council may require buffering or screening of sites with natural or planted vegetation,
fencing, or structural barriers to reduce the aesthetic impact of industrial uses on nearby
residential areas and public streets and highways.
Schedule C - Page 20
Town of Buchans
Development Regulations 2012
7.
Subsidiary Apartments
SCHEDULEC
INDUSTRIAL COlvfMERCIAL (JC) ZONE
(I)
One subsidiary apartment may be permitted in amain use if it deemed by Couneil as
necessary for the operation of that use.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty ( 40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
8.
Hazardous and Noxious Uses
In accordance with Regulation 55, Council may restrict the development or location of any
use or activity that might release or emit a hazardous or noxious substance that would affect
neighbouring properties.
9.
Energy Generation Facilities .
An energy generation facility, if permitted by Council, will be subject to Regulation 59 of
the General Development Standards.
Town of Buchans
Development Regulations 2012
SCHEDULEC
MINERAL EXTR.AC110N (ME! ZONE
ZONE TITLE
MINERAL EXTRACTION
"ME"
--·-·--
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 82)
(See Regulations 30 and 83)
·---
Conservation
Aggregate extraction (See Condition 4)
Mineral exploration
Communications
Mineral extraction (See Conditions 2 to 16) Energy generation facility (See Condition 6)
Mineral processing (See Conditions 2 to 16) Fores try (S'ee Condition 5)
Hazardous industry (See Condition 3)
General industry (See Condition 3)
Light industry (See Condition 3)
Subsidiary apartment (See Condition 11)
Temporary dwelling (See Condition 11)
DEVELOPMENT STANDARDS
As '
'
'bvrmm~il
"'
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table can be permitted at tbe discretion of Council
provided the development would be complementary to the uses within the Pem1itted Use
Classes, would not inhibit the development of permitted uses, and would not be contrary to
the intent oftbe Municipal Plan or these Regulations.
2.
Mineral Extraction Uses
2.1
Separation Distances between Mineral Extraction and Municipal Land Uses
(1)
No mineral extraction shall be located within:
(a)
300 metres of a residential dwelling
(b)
200 metres of a hotel or other commercial accommodations facility,
( c)
150 metres of a commercial or public building other than a commercial
building located on the same property as the mineral extraction
( d)
50 metres of a municipal street
(2)
Council may specify a minimum separation distance between a mineral processing
use, including an operating plant, associated structures, and equipment and developed
areas.
Town of Buchans
Development Regulations 2012
2.2.
Screening and Noise Barriers
SCHEDULEC
MINERAL EXTRACTION (ME) ZONE
Mineral extraction and plant operations shall be screened in the following manner where it is
visible from a public street or developed area:
(a)
Earthen berms shall be constructed to a height sufficient to minimize
visibility and noise impacts on urban land uses from mineral extraction
operations.
(b)
The berms shall be landscaped to Council's satisfaction.
( c)
Council can refuse a development permit for any mineral extraction or plant
operation that cannot be screened or noise buffered as required in Sub-
paragraphs (a) and (b) above.
2.3
Fencing
Council can require a mining site or excavated pit to be enclosed by a fence designed and
constructed to its specifications and no less than 1.8 metres in height.
2.4
Water Pollution
(l)
No mining or plant operation, or associated storm or sanitary drainage, will
unacceptably reduce water quality in any watercourse.
(2)
Any access road to a mining or plant operation, which crosses a brook or stream,
shall be bridged or culverted at the crossing in accordance with the Regulations of the
Department of Environment and Conservation.
2.5
Water Ponding
(1)
No mineral extraction will cause the accumulation or ponding of water in any part of
the mining site.
(2)
Settling ponds may be permitted subject to the satisfaction of Council and approval
by the Department of Environment and Conservation.
2.6
Erosion Control
No mineral extraction will be carried out in a manner so as to cause erosion of adjacent land.
2.7
Site Maintenance
Mining and plant sites shall be kept clean of refuse, abandoned vehicles, abandoned
equipment, and derelict buildings.
Town of Buchans
Development Regulations 2012
2.8
Storage of Flammable Materials
SCHEDULEC
MINERAL EXTRACTION (ME) ZONE
All uses and structures for the storage of bulk and flammable materials shall conform to the
requirements of the provincial Fire Commissioner, and shall be surrounded by such buffers
and landscaping as Council may require, to prevent damage to adjacent uses by fire,
explosion, or spillage.
2.9
Accessory Residential Uses
2.9.1
Subsidiary Apa11ments
(1)
One subsidiary apartment may be pennitted in the building of a main use ifit deemed
by Council to be necessary for the operation of that use.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will completely self-contained, with facilities for cooking,
sleeping. and bathing.
(b)
A minimum floor area of forty ( 40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
2.9.2
Temporary Dwellings
At Council's discretion, a temporary dwelling can be permitted that is accessory to a main
use subject to the following:
(a)
It is demonstrated to Council's satisfaction that temporary habitation on the site is
necessary for the feasible operation of the main use.
(b)
It will not be the full-time residence of any person,
( c)
It will not be used for any purpose other than as an accessory dwelling to the main
use~
(d)
It will be erected only on the ground surface and will not have any portion of its
foundation underground,
(e)
It will be erected and located in such a manner that in the opinion of Council, it can
be easily dismantled or removed upon tem1ination of the operation, and
( f)
It will be removed from the site as soon as .the permitted use ceases to operate.
2.10
Access Roads
During extended periods of shutdown, access roads to a mining site will be barred to the
satisfaction of Council.
Schedule C - Page -24
Town ofBuchans
Development Regulations 2012
2.11
Stockpiling of Cover Material
SCHEDULEC
MINERAL EXTRACTION (ME) ZONE
All siumps, organic material and topsoil shall be stripped and stockpiled at least five (5)
metres from uncleared areas and ten (10) metres from active mining and stockpile areas. The
operator will ensure that the quality of the topsoil is not affected by dilution with other
materials.
2.12
Conservation of Topsoil, Site Rehabilitation
In establishing a mining operation, every care will be taken lo conserve topsoil for
reinstatement, and to clear brush and undergrowth so as to avoid fire hazards. On completion
of mining extraction in any part of the site. landscaping carried out to Council's satisfaction.
2.13
Operating Plant and Associated Processing
Council can permit a processing use associated with mineral extraction provided that, in the
opinion of Council. the use does not. or will not, create a nuisance or hazard through noise,
vibration, fumes, dust, dirt, objectionable odours, or unsightly storage of materials or
equipment.
2.14
Buildings and Equipment, Site Maintenance
(I)
Buildings, equipment and plants will be erected and located in such a mannerthat, in
the opinion of Council, can be easily dismantled and removed upon tern1ination of
the mining operation.
(2)
Mining and plant sites will be kept clean of refuse, abandoned vehicles, and
abandoned mining equipment at all times.
2.15
Termination and Site Rehabilitation
Termination and site rehabilitation of a mining operation shall be canied out by the owner as
required by the Department of Natural Resources and shall include the removal of all
buildings, structures, and equipment.
3.
Light, General, and Hazardous Industry
Industrial uses in the Mineral Extraction zone will considered for approval only if they are
complementary to mineral extraction operations or will not be an impediment to mineral
extraction.
4.
Aggregate Extraction Uses
Aggregate extraction uses in the Mineral Extraction zone will meet the conditions outlined in
the Rural land use zone.
Town ofBuchans
Development Regulations 2012
5.
Forestry Uses
SCHEDULEC
MINERAL EXTRACTION (ME) ZONE
Forestry uses in the Mineral Extraction zone will meet the conditions outlined in the Rural
land use zone.
6.
Energy Generation Facilities
An energy generation facility, if permitted by Council, will be subject to Regulation 59 of
the General Development Standards.
Town of Buchans
Development Regulations 2012
ZONE TITLE
PERMITTED USE CLASSES
(See Regulation 82)
Agriculture (See Condition 6)
Communications
Conservation
Forestry (See Condition 7)
General industry (See Conditions 2 & 9)
Light industry (See Conditions 2 & 9)
Mineral exploration
Open space
SCHEDULEC
RURAL (RUR) ZONE
RURAL
"RU"
DISCRETIONARY USE CLASSES
(See Regulations 30 and 83)
Aggregate extraction (See Condition 5)
Boarding and riding stable
Campground (See Condition 4)
Catering (See Condition 2)
Construction yard
Energy generation facility (See Condition 13)
Outdoor assembly (See Condition 2)
Outdoor market (see Condition 2)
Outfitter operation
Recreational use
Salvage yard (See Condition 11)
Shop or store (See Condition 2)
Single dwelling (See Condition 2 & 8.2)
Subsidiary apartment (See Condition 2 & 8. 1)
Temporary dwelling (See Condition 2 & 8.3)
Tourist cottage establishment (See Condition 4)
CONDITIONS
I.
Discretionary Use Classes
The discretionary use classes listed in this table can be permitted at the discretion of Council
provided the development would be complementary to the uses within the Permitted Use
Classes, would not inhibit the development of permitted uses, and would not be contrary to
the intent of the Municipal Plan or these Regulations.
2.
Uses Permitted Only as Accessory Uses
In the Rural zone, catering uses, single dwellings, subsidiary apartments, temporary
dwellings, shops, stores, outdoor assembly uses, outdoor markets, light industries, and
general industries can be developed only as accessory uses to a main use or building
permitted in the zone.
Town of Buchans
Development Regulations 2012
3.
Development Criteria
A development will be subject to the following criteria:
SCHEDULEC
RURAL (RUR) ZONE
(a)
It must meet the development standards and conditions deemed necessary by
Council.
(b)
It must be located and designed to minimize the impact of traffic, noise, lighting, and
signage on nearby residential uses. Where necessary, Council may require screening
through the provision of trees, shrubs, berms, landscaping, or fencing.
( c)
It must be designed and maintained to a high standard with regard to safety,
appearance, and compatibility with surrounding land uses.
( d)
Permission to develop will be in accordance with a development permit issued by
Council, and
(e)
No change in the type or scale of the use will be permitted except in accordance with
a development permit.
4.
Tourist Cottages and Campgrounds
(I)
A proposed tourist cottage or campground establishment will require a development
plan satisfactory to Council containing the following information:
(a)
Location and size of campsites and/or cottage w1its
(b)
Internal roads and accesses
( c)
Parking areas
( d)
Accessory uses such as laundry facilities, storage areas, washrooms, showers,
convenience store, staff accommodations, and outdoor and indoor recreation
facilities
(e)
\Vater supply and waste disposal
( f)
Landscaping
(g)
Buffers and screening between the site and other nearby land uses
(h)
Delineation of the property to be developed on a legal survey
(i)
Where deemed necessary by Council, a phasing plan for development.
Town of Buchans
Development Regulations 2012
SCHEDULEC
RURAL (RUR) ZONE
(2)
On-site water and sewer services must meet minimum standards required by relevant
Provincial agencies and Council.
(3)
Commercial uses, washroom facilities, recreational areas, parking areas, laundries
and similar facilities directly associated with the development will not be located on
separate properties.
(4)
All can1p sites, cottages, and on-site facilities that form part of the development will
be accessible only via the internal road network of the development.
(5)
Council may require the development to include suitable buffers and screening on
any portion of the development that abuts an existing or future public street or
residential area. Any buffering or screening shall be maintained in a condition that is
acceptable to Council.
(6)
The development permit will specify the maximum number of cottage units and/or
campsites for different uses such as tents and trailers that will be permitted on the
site.
(7)
No expansion or alteration of a campground, other than repairs and maintenance, will
take place without the discretionary approval of Council.
(8)
The operation will comply with all bylaws and regulations of Council pertaining to
noise and unruly behaviour.
(9)
Where deemed necessary by Council, a deposit sufficient to cover the cost of buffers
and screening shall be deposited with Council until the work is completed in
accordance with the approved plan.
5.
Aggregate Extraction Uses
5.1
Aggregate Extraction Sites
An aggregate extraction use will be subject to the following, unless otherwise authorized by
Council:
(a)
No new aggregate extraction operation will be developed without a development
permit issued by Council. The development, operation, termination. and
rehabilitation of the aggregate extraction site will be carried out only in accordance
with terms and conditions specified in the development pem1it. The development
permit will be revoked if the operator does not comply with the tenns and conditions
of the development permit.
Town ()/Bucham
Development Regulations 2012
SCHEDULEC
RURAL (RUR) ZONE
(b)
An application to Council for the development of an extraction pit or rock quarry will
include a site development plan with the following information:
(i)
the site's biophysical features
(ii)
a delineation of the proposed extraction area
(iii)
the type and location of aggregate processing equipment
(iv)
a site rehabilitation plan (see Paragraph 5.4)
( c)
No extraction of any sort will take place closer than:
(i)
50 metres from a watercourse or wetland,
(ii)
50 metres from a public street or highway,
(iii)
200 metres of a residential, commercial, or public building,
( d)
No quarrying of hard rock will take place within 800 metres of a residential,
commercial, or public building.
( e)
All topsoil and organic material, including the rusty coloured and iron stained layer,
will be securely stockpiled for future rehabilitation of the site. The operator will
ensure that the topsoil is not mixed with aggregate materials.
(t)
An undisturbed buffer strip will be maintained at least 30 metres wide between the
final perimeter of a pit or quarry and the boundary of the lot on which it is located.
Council may permit this buffer "'idth to be reduced by up to 50% with the written
consent of the adjacent property owner,
(g)
Where a proposed aggregate extraction site is located in the vicinity of a public street
or highway, or an existing or proposed residential, commercial, or recreational area,
Council may require the owner to provide for natural or artificial screening to
obstruct visibility of the site.
(h)
Council may require the aggregate extraction site or excavated area to be fully or
partially enclosed by a fence designed and constructed to Council's specifications.
(i)
No aggregate extraction shall create excessive drainage or erosion onto adjacent
properties or into nearby watercourses.
(j)
No aggregate extraction shall cause the accumulation or ponding of water in any part
of the site. Settling ponds will be permitted only with approval from the Department
of Environment and Conservation.
(k)
The aggregate extraction site shall be kept clean of refuse, abandoned vehicles,
abandoned equipment and derelict buildings.
Town of Buchans
Development Regulations 2012
SCHEDULEC
RURAL (RUR) ZONE
(1)
During seasonal or other extended periods of shutdown, the slope of any sand or
gravel embankment shall not have a gradient steeper than 60% for the full depth
thereof, and
( o)
Other such conditions that Council deems as necessary.
5.2
Aggregate Processing Plant
(1)
Council can permit an aggregrate processing plant (e.g. washing and screening plant,
crusher) provided that the use will not significantly affect surrounding land uses by
reason of noise, vibration, fun1es, dust, odour, water drainage, unsightly storage of
materials, or general appearance.
(2)
Council can specify a minimum separation distance between a processing plant and
an existing residential, commercial, public, or recreational area.
5.3
Site Rehabilitation
(I)
A development application for anew aggregate extraction site will not be approved
unless it includes a plan for site rehabilitation acceptable to Council.
(2)
Council can require tile extraction site to be rehabilitated at progressive stages of
excavation or after the aggregate extraction operation has terminated.
(3)
Upon full completion of the aggregate extraction operation, the following work
shall be carried out by the owner:
(a)
All buildings, machinery and equipment shall be removed,
(b)
All pit and quarry slopes shall be graded to a slope of less than 60 percent,
( c)
The entire excavated area will be rehabilitated in accordance with the
rehabilitation plan.
( d)
If required, the closure or decommissioning of tile access road in accordance
with Paragraph 10.
6.
Minimum Distance Separations for Livestock Facilities
(I)
New development and expansions of livestock facilities located near residential and
other non-agricultural uses will be subject to the minimum separation distance
requirements as specified by Council.
(2)
New development and expansions of residential and other non-agricultural uses
located near livestock facilities will be subject to the minimum separation distance
requirements as specified by Council.
Town of Buchans
Development Regulations 2012
7.
Forestry
SCHEDULEC
RURAL (RURJ ZONE
Forestry activities must preserve scenic views from the community. Council can set
conditions for forest harvesting and silviculture activities in areas within or visible from any
built-up area of the town.
·
8.
Accessory Residential Uses
8.l
Subsidiary Apartments
(1)
One subsidiary apartment may be permitted in the building of a main use if it deemed
by Council to be necessary for the operation of that use.
(2)
Approval or a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum t1oor area of forty ( 40) square metres is required for a one-
bedroom apartment, plus an additional ten ( 10) square metres for each
additional bedroom.
8.2
Single Dwellings
At Council's discretion, a single dwelling can be permitted that is accessory to a commercial
agricultural operation or boarding stable, subject to the following:
(a)
It is demonstrated to Council's satisfaction that the main use is a bona fide
commercial operation from which the owner derives a major portion of his or her
income, and
(b)
It is demonstrated to Council's satisfaction that full-time habitation on the site is
necessary for the feasible operation of the main use.
8.3
Temporary Dwellings
At Council's discretion, a temporary dwelling can be permitted that is accessory to a main
use subject to the following:
(a)
It is demonstrated to Council's satisfaction that temporary habitation on the site is
necessary for the feasible operation of the main use.
(b)
It will not be the full-time residence of any person,
(c)
It will not be used for any purpose other than as an accessory dwelling to the main
use,
Schedule C - Fage 32
Town of Buchans
Development Regulations 2012
SCHEDULEC
RURAL (RUR) ZONE
( d)
It will be erected only on the ground surface and will not have any portion of its
foundation underground,
(e)
It will be erected and located in such a manner that in the opinion of Council, it can
be easily dismantled or removed upon termination of the operation, and
(f)
It will be removed from the site as soon as the pennitted use ceases to operate.
9.
General and Light Industry
Industrial uses will be restricted to general and light industrial uses that are directly related to
forestry, agriculture, or aggregate extraction, or that meet the following criteria:
(a)
The use is unsuitable for a built-up area by reason of appearance, noise, vibration,
smell, fumes, smoke, grjt, soot, ash, dust, or glare.
(b)
The use requires large outdoor areas for open storage and handling of materials,
goods, and equipment.
(c)
The use is capable of being serviced by on-site water and sewage services.
( d)
The use can be screened from public streets and lands designated for urban uses.
(e)
The use generates low volumes of traffic.
(f)
The use will have no deleterious effects on the environment.
(g)
The use will not include warehousing, wholesale, or retail activities.
10.
Access Roads
( 1)
Roads constructed to provide access for resource harvesting or extraction or a
pem1itted industrial use will require a development permit from Council. All road
construction will be subject to the conditions of the Department of Environment and
Conservation.
(2)
Council may set conditions related to the location, design, construction, operation,
and decommissioning of an access road.
(3)
Council may require an access road to be closed to access by the general public
during shutdown periods to provide for security, public safety, and environmental
protection.
Town ofBuchans
Development Regulations 2012
SCHEDULEC
RURAL (RUR) ZONE
( 4)
After the operation has terminated, Council can require an access road to be closed
permanently to public access or fully decommissioned so that it is not passable by
wheeled vehicles.
11.
Salvage Yards
The development of a new salvage yard will adhere to the following separation distances
from sensitive areas or other forms of development.
·-·····
1-fu_l!()f Developmen!_
Minimum Separation Distance
Existing or proposed residential areas
300 metres
Any other built-up area likely to be developed
150 metres
Public high.wav or street
50 metres
Watercourse or water body
50 metres
12.
Hazardous and Noxious Uses
In accordance with Regulation 55, Council may restrict the development or location of any
use or activity that might release or emit a hazardous or noxious substance that would affect
neighbouring properties.
13.
Energy Generation Facilities
An energy generation facility, if permitted by Council, will be subject to Regulation 59 of
the General Development Standards.
Schedule C - Page 34
TOWN OF BUCHANS
DEVELOPMENT REGULATIONS 2012-2022
SCHEDULED
LOADING AND PARKING
REQUIREMENTS
Town o(Buchans
Development Regulations 2012
SCHEDULED
LOADING & I' ARKING REQUIREMENTS
SCHEDULED - OFFSTREET LOADING AND PARKING REQUIREMENTS
1.
Off-Street Loading Requirem'ents
(I)
Where Council deems necessary, for every building, structure or use requiring the
shipping, loading or unloading of animals, goods, wares or merchandise, one or more
loading spaces will be provided and maintained on tl1e lot measuring at least 15
metres long and 4 metres wide wifu a vertical clearance of at least 4 metres. The
space will have direct access to a public street or to a driveway of a minimum width
of 6 metres that connects to a public street.
(2)
The number of loading spaces to be provided will be determined by Council.
(3)
The loading spaces required by this Regulation will be designed so that vehicles can
manoeuvre clear of any street and so that it would not be necessary for any vehicle to
reverse onto or from a street.
2.
Parking Area Standards
(!)
For every building, structure or use to be erected or enlarged, there shall be provided
and maintained a quantity of off-street parking spaces sufficient to ensure fuat the
flow of traftic on adjacent streets is not impeded by on-street parking of vehicles
associated with that buHding, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Schedule D, except as otherwise
modified by Schedule C, of these Regulations.
(3)
Each parking space, except in the case of a single or attached dwelling, will be made
accessible by means of a right-of-way at least 3 metres wide.
(4)
Residential parking spaces shall be provided on the same lot as the dwelling or
dwellings. Parking space for apartment buildings will be provided in the rear yard
where possible.
(5)
Non-residential parking spaces shall be provided not more than 200 metres distant
from the use for which the parking is required.
(6)
The parking facilities required by this Regulation will, 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.
Schedule D - Page 1
Town of Buchans
Development Regulations 2012
SCHEDULED
LOADING & PARKING REQUIREMENTS
(7)
Where Council permits parking perpendicular to the curb, the minimum dimensions
of each parking stall will be as follows:
Parking stall width
2.5 metres
Parking stall length or depth
5.5 metres
Aisle width separating onnosite parking stalls
7.0 metres
Aisle width separating a stall from another 7.0 metres
obstruction
Drivewav width
7.0 metres
Where Council permits parking horizontal to the curb, the minimum length of the
stall will be 7.00 metres and the aisle width will be at least 4 metres, or more if
deemed necessary by Council.
For any other parking lot configuration, the requirements shall as be as specified by
Council, but in no instance shall the requirements be less than that specified for
perpendicular parking spaces.
(6)
Other requirements for parking areas are as follows:
(a)
The parking area will be constructed and maintained to the specifications of
Council,
(b)
Lights for illumination of the parking area will be arranged so as to divert the
light away from adjacent development,
(c)
Except on a service station or industrial lot, no gasoline pump or other
service station equipment will be located or maintained in a parking area,
(e)
No part of any off-street parking area will be closer than 1.5 metres from the
front lot line in any zone,
(f)
Where, in the opinion of Council, strict application of the above parking
requirements is impractical or undesirable, Council may as a condition of a
permit require the developer to pay a service levy in lieu of the provision of a
parking area, and Council will use the full amount of the levy for the provi-
sion and upkeep of alternative parking facilities within the vicinity of the
development.
3,
Off-Street Parking Requirements
(1)
The off-street parking requirements for the various use classes set out in Schedule B
will be as set out in the following table, except as otherwise set out in Schedule C. In
the case of developments that include more than one use class, these standards shall
be regarded as cumulative.
Schedule D - Page 2
Town of Buchans
Development Regulations 2012
SCHEDULED
LOADING & PARKJNG REQUJRElvlENTS
(2)
Adequate off-street provision for the drop-off and pick-up of persons will be
provided on the same lot as the development unless othenvise stipulated by Council.
(3)
The number of spaces to be provided for off-street parking will be in accordance with
the following table.
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Theatre
One SPace for everv 6 seats.
·----
---
---------- --
-----~-,c
Cultural and Civic
One space for everv 60 square metres of gross floor areas.
General Assembly
One space for every 15 square metres of gross floor area.
Educational
Schools·- 2 spaces for every classroom.
Further education - I space for every 5 persons using the facilities
--
----------- _(stt1~~!l~s. fa~ulty and stafj}
----·-------
Place of Worship
One space for every 6 seats.
Passenger Assembly
As specified by Council.
Club and Lodge
One space for every 3 persons that may be accommodated at one
time.
Catering
One space for every 3 customers that may be accommodated at
one time.
.................. ··········-········--·--·-·-
--·--····-······
Funeral Home
One space for everv 12 square metres of gross floor area.
Child Care
One space for everv 30 square metres of gross floor area
Amusement
One space for every 15 square metres of gross floor area.
Outdoor Assembly
As specified bv Council.
-··-··
Canm11round
As specified by Council.
Penal
and
Correctional As specified by Council.
Detention
Medical Treatment and
Once space per 22 square metres of suite or ward area
Special Care
Single Dwelling
Two spa.ces for every dwelling unit.
Double Dwelling
Two spaces for everv dwelling unit.
Row Dwelling
Two spaces for every dwelling unit.
Apartment Building
Three spaces for everv two dwelling units.
Collective Residential
As specified by Council.
Schedule D - Page 3
Town ofBuchans
Development Regulations 2012
SCHEDULED
LOADING & PARKING REQUIREMENTS
-·-
MINIMUM OFF-STREET PARKING REQUIREMENT
·······-
CLASS
Boarding House and/or
As specified by Council.
Bed and Breakfast
········-·-
Commercial Residential
One space for every guest room.
Mobile and Mini Homes
Two spaces for everv dwelling unit.
Office
One space for every 25 m2 of gross floor area.
Medical and Professional
One spa_ce for everJ'. 25 m" of grossff~:()rll:rea.
···-
Personal Service
One space for every 25 m2 of gross floor area.
...... ·······--·
General Service
One space for every 25 m"' of gross floor area.
Communications
As specified by Council.
Police Station
As specified bv Council.
Taxi Stand
As specified bv Council.
~-c-·-
---------------
Take-out Food Service
One space for every 25 m" of gross floor area.
Veterinary
One space for every 25 m2 of gross floor area.
---·----
Shonning Centre
One space for every 18 m2 of gross floor area.
Shop
One space for every 20 m"' of gross floor area.
Indoor Market
As specified bv Council.
Outdoor Market
As specified by Counci I.
Convenience Store
One space for every 20 m"' of gross floor area.
General and hazardous
As specified by Council, but not less than one spa~~-per 100 m" of
industry
gross floor area or 10 parking spaces, whichever is greater.
1--------------------
One space for every 20 m" of gross floor area.
Service Station
Light Industry
-
-
---·····5
As specified by Connc1l but not less than one space per 50 m- of
·-- ····················---..... -.
gross floor area or 5 parking spaces, whichever is greater.
Schedule D - Page 4
TOWN OF BUCHANS
DEVELOPMENT REGULATIONS 2012-2022
SCHEDULED
LOADING AND PARKING
REQUIREMENTS
Town of Buchans
Development Regulations 2012
SCHEDULED
LOADING & PARKING REQUIREMENTS
SCHEDULED - OFFSTREET LOADING AND PARKING REQUIREMENTS
1.
Off-Street Loading Requirements
(I)
Where Council deems necessary, for every building, structure or use requiring the
shipping, loading or unloading of animals, goods, wares or merchandise, one or more
loading spaces will be provided and maintained on the lot measuring at least 15
metres long and 4 metres wide with a vertical clearance of at least 4 metres. The
space will have direct access to a public street or to a driveway of a minimum width
of 6 metres that connects to a public street.
(2)
The number ofloading spaces to be provided will be determined by Council.
(3)
The loading spaces required by this Regulation will be designed so that vehicles can
manoeuvre clear of any street and so that it would not be necessary for any vehicle to
reverse onto or from a street.
2.
Parking Area Standards
(1)
For every building, structure or use to be erected or enlarged, 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 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, except as otherwise
modified by Schedule C, of these Regulations.
(3)
Each parking space, except in the case of a single or attached dwelling, will be made
accessible by means of a right-of-way at least 3 metres wide.
( 4)
Residential parking spaces shall be provided on the same lot as the dwelling or
dwellings. Parking space for apartment buildings will be provided in the rear yard
where possible.
(5)
Non-residential parking spaces shall be provided not more than 200 metres distant
from the use for which the parking is required.
(6)
The parking facilities required by this Regulation will, 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.
Schedule D - Page 1
Town ofBuchans
Development Regulations 2012
SCHEDULED
LOADING & PARKING REQUIREMENTS
(7)
Where Council permits parking perpendicular to the curb, the minimum dimensions
of each parking stall will be as follows:
Parking stall width
2.5 metres
·-····-···-
Parking stall length or depth
5.5 metres
Aisle width separating onnosite parking stalls
7.0 metres
Aisle width separating a stall from another 7.0 metres
obstruction
Driveway width
7.0 metres
Where Council pennits parking horizontal to the curb, the minimum length of the
stall will be 7.00 metres and the aisle width will be at least 4 metres, or more if
deemed necessary by Council.
For any other parking lot configuration, the requirements shall as be as specified by
Council, but in no instance shall the requirements be less than that specified for
perpendicular parking spaces.
(6)
Other requirements for parking areas are as follows:
(a)
The parking area will be constructed and maintained to the specifications of
Council,
(b)
Lights for illumination of the parking area will be arranged so as to divert the
light away from adjacent development,
( c)
Except on a service station or industrial lot, no gasoline pump or other
service station equipment will be located or maintained in a parking area,
( e)
No part of any off-street parking area will be closer than 1.5 metres from the
front lot line in any zone,
(f)
Where, in the opinion of Council, strict application of the above parking
requirements is impractical or undesirable, Council may as a condition of a
permit require the developer to pay a service levy in lieu of the provision of a
parking area, and Council will use the full amount of the levy for the provi-
sion and upkeep of alternative parking facilities within the vicinity of the
development.
3.
Off-Street Parking Requirements
( l)
The off-street parking requirements for the various use classes set out in Schedule B
will be as set out in the following table, except as otherwise set out in Schedule C. In
the case of developments that include more than one use class, these standards shall
be regarded as cumulative.
Schedule D - Page 2
Town of Buchans
Development Regulations 2012
SCHEDULED
LOADING & PARKING REQUIREMENTS
(2)
Adequate off-street provision for the drop-off and pick-up of persons will be
provided on the same lot as the development unless otherwise stipulated by Council.
(3)
The number of spaces to be provided for off-street parking will be in accordance with
the following table.
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Theatre
One space for every 6 seats.
Cultural and Civic
One space for every 6.0 square metres of gross floor areas.
r--
General Assembly
One space for every_ 15 square metres of gross floor area.
Educational
Schools - 2 spaces for every classroom.
Further education - I space for every 5 persons using the facilities
(st11dents, faculty and staff).
Place ofWorshio
One space for every 6 seats.
Passenger Assembly
As specified b~ Council.
Club and Lodge
One space for every 3 persons that may be accommodated at one
time.
Catering
One space for every 3 customers that may be accommodated at
one time.
Funeral Home
One space for every 12 square metres of gross floor area.
1--
··-··
Child Care
One space for everv 30 square metres of gross floor area
..
Amusement
One space for every 15 sguare metres of gross f1oor area.
Outdoor Assemblx
As s2ecified b~ Council.
·-
Cam2ground
As specified by Council.
Penal
and
Correctional As specified by Council.
Detention
Medical Treatment and
Once space per 22 square metres of suite or ward area
Special Care
Single Dwelling
Two spaces for every dwelling unit.
Double Dwelling
Two spaces for everv dwelling unit.
Row Dwelling
Two spaces for every dwelling unit.
Apartment Building
Three spaces for everv two dwelling units .
..
Collective Residential
As specified by Council.
Schedule D - Page 3
Town ofBuchans
Development Regulations 2012
SCHEDULED
LOADING & PARKING REQUIREMENTS
CLASS
MINIMUM Ol"F-STREET PARKING REQUIREMENT
Boarding House and/or
As specified by Council.
Bed and Breakfast
Commercial Residential
One space for every_]uest room.
Mobile and Mini Homes
Two spaces for every dwelling unit.
Office
.... One s12ace for every 25 m2 of gr,oss floor area.
Medical and Professional
One snace for every 25 m2 of gross floor area.
-·····-
Personal Service
One space for every 25 m2 of gross floor area.
One snace for every 25 rri2 of 12ross floor area.
.... _. __
General Service
Communications
As snecified by Council.
Police Station
As specified bv Council.
Taxi Stand
As soecified bv Council.
,_Take-out Food Service
One space for every 25 m2 of gross floor area.
VeterinHrv
One s !ICC for ever~ 25 m2 of gross floor area.
_ .. __
Shonnim>: Centre
One soace for every 18 m2 of !!ross floor area.
Shoo
One soace for everv 20 m2 of <>:ross floor area.
Indoor Market
As snecified bv Council.
Outdoor Market
As soecified bv Council.
Convenience Store
One space for eve!}' 20 m" of gross floor area.
. ...
2
_
General and hazardous
As specified by Council, bt,tt not less than one space per I 00 m of
industry
11ross floor area or I 0 narking snaces, whichever is gr,eater.
Service Station
One snace fsi~. every 20 m2 of gross floor area.
Light Industry
As specified by Council but not less than one space per 50 m
2 of
·---
gross floor area or 5 parking spaces, whichever is great~r.
Schedule D - Page 4
T
TOWN OF BUCHANS
DEVELOPMENT REGULATIONS 2012-2022
SCHEDULEE
MINISTERIAL
DEVELOPMENT REGULATIONS
NEWFOUNDLAND AND LABRADOR
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
REGULA TIO NS
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-confom1ing use
18. Delegation of powers
19. Commencement
Short title
1.
These regulations may be cited as the Development Regulations.
Definitions
2.
In these regulations,
(a)
"Act", unless the context indicates otherwise, means the Urban and Rural
Planning Act, 2000 ;
(b)
"applicant" means a person who has applied to an authority for an approval or
pennit 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.
Application
3.
(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.
Interpretation
4.
(I) In development regulations and other regulations made with respect to a
planning area the following tenns 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;
Schedule E - Page 1
(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, otlices, 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 garnbrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks, steeples
and purely ornamental structures above a roof;
(e)
"building line" means a line established by an authority that runs parallel to a
street line and is set at the closest point to a street that a building may be placed;
(±)
"discretionary use" means a use that is listed within the discretionary use cla5ses
established in the use zone tables of an authority's development regulations;
(g)
"established grade" means,
(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;
Schedule E - Page 2
(h)
"floor area" means the total area of all floors in a building measured to the outside
face of exterior walls;
(i)
"frontage" means the horizontal distance between side lot lines measured at the
building line;
U)
"lot" means a plot, trnct or parcel of land which can be considered as a unit of
land for a particular use or building;
(k)
"lot area" means the total horizontal area within the lines of the lot;
(1)
"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 govemment, 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)
"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;
Schedule E - Page 3
(u)
"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.
Notice of right to appeal
5.
Where an authority makes a decision that may be appealed under section 42 of the
Act, that authority shall, in writing, at the time of making 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
6.
(1) The secretary of the board at the Department of Municipal and Provincial
Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld.,
AIB 416 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.
Schedule E - Page 4
(2)
Notwithstanding subsection(!), 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 deeision 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.
Appeal registration
7.
(I) Upon receipt of an appeal and fee as required under the Act and these
regulations, the secretary of the board as referred to in subsections 6(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
(3)
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.
(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.
Development prohibited
8.
( 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.
Schedule E - Page 5
(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.
Hearing notice and meetings
9.
( 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
10.
(I) 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 \vritten 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.
Hoard decision
11.
A decision of the board must comply with the plan, scheme or development
regulations tl1at apply to the matter that has been appealed to that board.
Variances
12.
(1) Where an approval or permit cannot be given by an authority because a
proposed development does not comply with development standards set out in development
regulations, an authority may, in its discretion, vary the applicable development standards to a
maximum of l 0% if, in the authority's opinion, compliance with the development standards
Schedule E - Page 6
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 pem1it a variance from development standards where the
proposed development would increase the non conformity of an existing development.
Notice of variance
13.
Where fill 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.
Residential non conformity
14.
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.
Notice and hearings on change of use
15.
Where considering a non conforming building, structure or development under
paragraph 108(3)(d) of the Act and before making a decision to vary fill existing use of that
nonconforming 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 fill
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.
Non-conformance with standards -conformance with standards
16.
Where a building, structure or development does not meet the development
stfil1dards 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.
Schedule E - Page 7
Discontinuance of non-conforming use
17.
An authority may make development regulations providing for a greater period of
time than is provided under subsection I 08(2) of the Act with respect to the time by which a
discontinued non-conforming use may resume operation.
Delegation of powers
18.
An authority shall, where designating employees to whom a power is to be
delegated under subsection I 09(3) of the Act, make that designation in writing.
Commencement
19.
These regulations shall be considered to have come into force on January I, 2001.
Schedule E - Page 8