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TOWN OF BURIN
DEVELOPMENT REGULATIONS
Gazetted: October 28, 2011
Consolidation Date: September 6, 2013
Amendments: To see if there were any amendments to this document
since it came into effect, please refer to:
List of Amendments
Town of Burin Development Regulations
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PUBLISHED IN NEWFOUNDLAND AND LABRADOR GAZETTE: October 28, 2011
WITH CONSOLIDATED AMENDMENTS
UPDATED AS OF SEPTEMBER 6, 2013
Town of Burin Development Regulations
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Town of Burin Development Regulations
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Town of Burin Development Regulations
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Contents
Regulations ................................................................................................................................ 9
Short title ................................................................................................................................ 9
Definitions .............................................................................................................................. 9
Application .............................................................................................................................. 9
Interpretation .......................................................................................................................... 9
Notice of right to appeal .........................................................................................................12
Appeal requirements .............................................................................................................12
Appeal registration.................................................................................................................12
Development prohibited .........................................................................................................13
Hearing notice and meetings .................................................................................................13
Hearing of evidence ...............................................................................................................13
Board decision .......................................................................................................................13
Variances ..............................................................................................................................13
Notice of variance ..................................................................................................................14
Residential non-conformity ....................................................................................................14
Notice and hearings on change of use...................................................................................14
Non-conformance with standards ..........................................................................................14
Discontinuance of non-conforming use ..................................................................................14
Delegation of powers .............................................................................................................14
Commencement ....................................................................................................................15
APPLICATION ..........................................................................................................................16
20. Short Title ........................................................................................................................16
21. Interpretation ...................................................................................................................16
22. Commencement ..............................................................................................................16
23. Municipal Code and Regulations .....................................................................................16
24. Authority ..........................................................................................................................16
PART I - GENERAL REGULATIONS ........................................................................................16
25. Compliance with Regulations ...........................................................................................16
26. Permit Required ...............................................................................................................17
27. Permit to be Issued ..........................................................................................................17
28. Permit Not to be Issued in Certain Cases ........................................................................17
29. Discretionary Powers of Authority ....................................................................................17
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30. Variances by Authority .....................................................................................................17
31. Notice of Variance ...........................................................................................................18
32. Service Levy ....................................................................................................................18
33. Financial Guarantees by Developer .................................................................................18
34. Dedication of Land for Public Use ....................................................................................19
35. Reinstatement of Land .....................................................................................................19
36. Form of Application ..........................................................................................................19
37. Register of Application .....................................................................................................19
38. Deferment of Application .................................................................................................19
39. Outline Planning Permission ............................................................................................20
40. Development Permit ........................................................................................................20
41. Reasons for Refusing Permit ...........................................................................................21
42. Notice of Right to Appeal .................................................................................................21
43. Appeal Requirements ......................................................................................................21
44. Appeal Registration .........................................................................................................22
45. Development Prohibited ..................................................................................................22
46. Appeal Board ...................................................................................................................22
47. Appeals ...........................................................................................................................22
48. Hearing of Notice and Meetings .......................................................................................24
49. Hearing of Evidence ........................................................................................................24
50. Return of Appeal Fee.......................................................................................................24
51. Notice of Application ........................................................................................................24
52. Right of Entry ...................................................................................................................25
53. Record of Violations ........................................................................................................25
54. Stop Work Order and Prosecution ...................................................................................25
55. Delegations of Powers .....................................................................................................25
PART II - GENERAL DEVELOPMENT STANDARDS ...............................................................26
56. Accesses and Service Streets .........................................................................................26
57. Accessory Buildings ........................................................................................................26
58. Advertisements ................................................................................................................26
59. Buffer Strips .....................................................................................................................26
60. Building Height ................................................................................................................26
61. Building Line and Setback ...............................................................................................27
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62. Family and Group Care Centres ......................................................................................27
63. Height Exceptions ............................................................................................................27
64. Livestock Structures and Uses ........................................................................................27
65. Lot Area ...........................................................................................................................27
66. Lot Area and Size Exceptions ..........................................................................................28
67. Lot Frontage ....................................................................................................................28
68. Mobile Homes .................................................................................................................28
69. Non-Conforming Uses .....................................................................................................28
70. Offensive and Dangerous Uses .......................................................................................29
71. Off-street Parking Requirements .....................................................................................29
72. Off-Street Loading Requirements ....................................................................................30
73. Parks and Playgrounds, and Conservation Uses .............................................................31
74. Screening and Landscaping ............................................................................................31
75. Services and Public Utilities .............................................................................................31
76. Service Stations ...............................................................................................................31
77. Side Yards .......................................................................................................................31
78. Street Construction Standards .........................................................................................32
79. Subsidiary Apartments .....................................................................................................32
80. Un-subdivided Land .........................................................................................................32
81. Zero Lot Line and Other Comprehensive Development ...................................................32
PART III - ADVERTISEMENTS .................................................................................................33
82. Permit Required ...............................................................................................................33
83. Form of Application ..........................................................................................................33
84. Advertisements Prohibited in Street Reservation .............................................................33
85. Permit Valid for Limited Period ........................................................................................33
86. Removal of Advertisements .............................................................................................33
87. Advertisements Exempt from Control ..............................................................................33
88. Approval Subject to Conditions ........................................................................................34
PART IV - SUBDIVISION OF LAND ..........................................................................................35
90. Permit Required ...............................................................................................................35
91. Services to be Provided ...................................................................................................35
92. Payment of Service Levies and Other Charges ...............................................................35
93. Issue of Permit Subject to Considerations .......................................................................35
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94. Building Permits Required ...............................................................................................36
95. Form of Application ..........................................................................................................36
96. Subdivision Subject to Zoning ..........................................................................................36
97. Building Lines ..................................................................................................................36
98. Land for Public Open Space ............................................................................................36
99. Structure in Street Reservation ........................................................................................37
100. Subdivision Design Standards .......................................................................................37
101. Engineer to Design Works and Certify Construction Layout ...........................................38
102. Developer to Pay Engineer's Fees and Charges ...........................................................39
103. Street Works May Be Deferred ......................................................................................39
104. Transfer of Streets and Utilities to Authority ...................................................................39
105. Restriction on Sale of Lots .............................................................................................40
106. Grouping of Buildings and Landscaping ........................................................................40
PART V - USE ZONES .............................................................................................................41
107. Use Zones .....................................................................................................................41
108. Use Classes ..................................................................................................................41
109. Permitted Uses ..............................................................................................................41
110. Discretionary Uses ........................................................................................................41
111. Uses Not Permitted .......................................................................................................41
SCHEDULE A ...........................................................................................................................42
DEFINITIONS ........................................................................................................................42
SCHEDULE B ...........................................................................................................................54
SCHEDULE C ...........................................................................................................................59
SCHEDULE D ......................................................................................................................... 125
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Regulations
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
permit to carry out a development;
(c)
"authority" means a council, authorized administrator or regional authority; and
(d)
development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
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. (1) In development regulations and other regulations made with respect to a planning area
the following terms shall have the meanings indicated in this section:
(a)
"access" means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from a street to adjacent or nearby land or to go from that
land to the street;
(b) "accessory building" includes:
(i)
a detached subordinate building not used as a dwelling, located on the
same lot as the main building to which it is an accessory and which has a
use that is customarily incidental or complementary to the main use of the
building or land,
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(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming
pools, greenhouses, cold frames, fuel sheds, vegetables storage cellars,
shelters for domestic pets or radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
(c)
"accessory use" means a use that is subsidiary to a permitted or discretionary
use and that is customarily expected to occur with the permitted or discretionary
use;
(d)
"building height" means the vertical distance, measured in metres from the
established grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or
gambrel roof,
and in any case, a building height shall not include mechanical structure,
smokestacks, steeples and purely ornamental structures above a roof;
(e)
"building line" means a line established by an authority that runs parallel to a
street line and is set at the closest point to a street that a building may be placed;
(f)
"discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations;
(g)
"established grade" means,
(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;
(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;
(j)
"lot" means a plot, tract or parcel of land which can be considered as a unit of
land for a particular use or building;
(k)
"lot area" means the total horizontal area within the lines of the lot;
(l)
"lot coverage" means the combined area of all buildings on a lot measured at the
level of the lowest floor above the established grade and expressed as a
percentage of the total area of the lot;
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(m)
"non-conforming use" means a legally existing use that is not listed as a
permitted or discretionary use for the use zone in which it is located or which
does not meet the development standards for that use zone;
(n)
"owner" means a person or an organization of persons owning or having the
legal right to use the land under consideration;
(o)
"permitted use" means a use that is listed within the permitted use classes set
out in the use zone tables of an authority's development regulations;
(p)
"prohibited use" means a use that is not listed in a use zone within the permitted
use classes or discretionary use classes or a use that an authority specifies as
not permitted within a use zone;
(q)
"sign" means a word, letter, model, placard, board, device or representation,
whether illuminated or not, in the nature of or employed wholly or in part for the
purpose of advertisement, announcement or direction and excludes those things
employed wholly as a memorial, advertisements of local government, utilities and
boarding or similar structures used for the display of advertisements;
(r)
"rear yard depth" means the distance between the rear lot line and the rear wall
of the main building on a lot;
(s)
"side yard depth" means the distance between the side lot line and the nearest
side wall of a building on the lot;
(t)
"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;
(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 (Land Use Zoning Maps 2.1 & 2.2).
(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.
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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, NL, A1B 4J6 is
the secretary to all boards in the province and an appeal filed with that secretary within
the time period referred to in subsection 42(4) of the Act shall be considered to have
been filed with the appropriate board.
(2) Notwithstanding subsection (1), where the City of Corner Brook, City of Mount Pearl or
City of St. John's may appoint an appeal board under subsection 40(2) of the Act, an
appeal shall be filed with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or (2)
within the 14 days referred to in subsection 42(4) of the Act.
(4) The board that hears the decision being appealed shall, subject to subsection 44(3) of
the Act, retain the fee paid to the board.
(5) Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall
be considered to have been forfeited.
Appeal registration
7.
(1) 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.
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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.
(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.
(1) A board shall meet at a place within the area under its jurisdiction and the appellant
and other persons notified under subsection 9(1) or their representative may appear
before the board and make representations with respect to the matter being
appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3) A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner
as evidence directly provided at the hearing of the board.
(4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
Board decision
11. A decision of the board must comply with the plan, scheme or development regulations that
apply to the matter that has been appealed to that board.
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 10% if, in the authority's opinion, compliance with the
development standards would prejudice the proper development of the land, building
or structure in question or would be contrary to public interest.
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(2) An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
would have a cumulative effect that is greater than a 10% variance even though the
individual variances are separately no more than 10%.
(3) An authority shall not permit a variance from development standards where the
proposed development would increase the non-conformity of an existing
development.
1. Notice of variance
13.
Where an authority is to consider a proposed variance, that authority shall give written
notice of the proposed variance from development standards to all persons whose land is in the
immediate vicinity of the land that is the subject of the variance.
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
paragraph108(3)(d) of the Act and before making a decision to vary an existing use of that non-
conforming building, structure or development, an authority, at the applicant's expense, shall
publish a notice in a newspaper circulating in the area or by other means give public notice of
an application to vary the existing use of a non-conforming building, structure or development
and shall consider any representations or submissions received in response to that
advertisement.
Non-conformance with standards
16. Where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not be
expanded if the expansion would increase the non-conformity and an expansion must comply
with the development standards applicable to that building, structure or development.
Discontinuance of non-conforming use
17. An authority may make development regulations providing for a greater period of time than
is provided under subsection 108(2) of the Act with respect to the time by which a discontinued
nonconforming use may resume operation.
Delegation of powers
18. An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
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Commencement
19. These regulations shall be considered to have come into force on January 1, 2001.
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TOWN OF BURIN
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
20. Short Title
These Regulations may be cited as the Burin Development Regulations.
21. Interpretation
(1) Words and phrases used in these Regulations shall have the meanings ascribed to
them in Schedule A.
(2) Words and phrases not defined in Schedule A shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
22. Commencement
These Regulations come into effect throughout the Burin Municipal Planning Area, hereinafter
referred to as the Planning Area, on the date of publication of a notice to that effect in the
Newfoundland Gazette.
23. Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and any
other ancillary code and any Building Regulations, Waste Disposal Regulation and/or any other
municipal regulations regulating or controlling the development, conservation and use of land in
force in the Town of Burin, shall, under these Regulations apply to the entire Planning Area.
24. Authority
In these Regulations, "Authority" means the Council of the Town of Burin.
PART I - GENERAL REGULATIONS
25. Compliance with Regulations
No development shall be carried out within the Planning Area except in accordance with these
Regulations.
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26. Permit Required
No person shall carry out any development within the Planning Area except where otherwise
provided in these Regulations unless a permit for the development has been issued by the
Authority.
27. Permit to be Issued
Subject to Regulations 28 and 29, a permit shall be issued for development within the Planning
Area that conforms to:
(a) the general development standards set out in Part II of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards,
requirements, and conditions prescribed in Schedule C of these Regulations for the
use zone in which the proposed development is located;
(b) the standards set out in the Building Code and/or other ancillary codes, and any
Building Regulations, Waste Disposal Regulations, and/or any other municipal
regulation in force in the Planning Area regulating or controlling development,
conservation and use of land and buildings;
(c) the standards set out in Part III of these Regulations in the case of advertisement;
(d) the standards set out in Part IV of these Regulations in the case of subdivision;
(e) the standards of design and appearance established by the Authority.
28. Permit Not to be Issued in Certain Cases
Neither a permit nor outline planning permission shall be issued for development within the
Planning Area when, in the opinion of the Authority, it is premature by reason of the site lacking
adequate road access, power, drainage, sanitary facilities, or domestic water supply, or being
beyond the natural development of the area at the time of application unless the applicant
contracts to pay the full cost of construction of the services deemed necessary by the Authority
and such cost shall attach to and upon the property in respect of which it is imposed.
29. Discretionary Powers of Authority
In considering an application for a permit or for outline planning permission to carry out
development, the Authority shall take into account the policies expressed in the Municipal Plan
and any further scheme, plan or regulations pursuant thereto, and shall assess the general
appearance of the development of the area, the amenity of the surroundings, availability of
utilities, public safety and convenience, and any other considerations which are, in its opinion,
material, and notwithstanding the conformity of the application with the requirements of these
Regulations, the Authority may, in its discretion, and as a result of its consideration of the
matters set out in this Regulation, conditionally approve or refuse the application.
30. Variances by Authority
(1) Where an approval or permit cannot be given by the Authority because a proposed
development does not comply with development standards set out in these
development regulations, the Authority may, in its discretion, vary the applicable
development standards to a maximum of 10% if, in the authority's opinion,
compliance with the development standards would prejudice the proper development
of the land, building or structure in question or would be contrary to public interest.
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(2) The Authority shall not allow a variance from development standards set out in these
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 great than a 10% variance even though the
individual variances are separately no more than 10%.
(3) The Authority shall not permit a variance from development standards where the
proposed development would increase the non-conformity of an existing
development.
31. Notice of Variance
Where the Authority is to consider a proposed variance, the Authority shall give written notice of
the proposed variance from development standards to all persons whose land is in the
immediate vicinity of the land that is the subject of the variance, and allow a minimum period of
seven (7) days for response.
32. Service Levy
(1) The Authority may require a developer to pay a service levy where development is
made possible or where the density of potential development is increased, or where
the value of property is enhanced by the carrying out of public works either on or off
the site of the development.
(2) A service levy shall not exceed the cost, or estimated cost, including finance charges
to the Authority of constructing or improving the public works referred to in
Regulation 32(1) that are necessary for the real property to be developed in
accordance with the standards required by the Authority and for uses that are
permitted on that real property.
(3) A service levy shall be assessed on the real property based on:
(a) the amount of real property benefitted by the public works related to all the
real property so benefitted; and,
(b) the density of development made capable or increased by the public work.
(4) The Authority may require a service levy to be paid by the owner of the real property;
(a) at the time the levy is imposed;
(b) at the time development of the real property commences;
(c) at the time development of the real property is completed; or,
(d) at such other time as the Authority may decide.
33. Financial Guarantees by Developer
(1) The Authority may require a developer before commencing a development to make
such financial provisions and/or enter into such agreements as may be required to
Town of Burin Development Regulations
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guarantee the payment of service levies, ensure site reinstatement, and to enforce the
carrying out of any other condition attached to a permit or licence.
(2) The financial provisions pursuant to Regulation 33(1) may be made in the form of:
(a) a cash deposit from the developer, to be held by the Authority, or;
(b) a guarantee by a bank, or other institution acceptable to the Minister, for
expenditures by the developer, or;
(c) a performance bond provided by an insurance company or a bank, or;
(d) an annual contribution to a sinking fund held by the Authority.
34. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 98, the Authority may
require the dedication of a percentage of the land area of any subdivision or other development
for public use, and such land shall be conveyed to the Authority in accordance with the
provisions of the Act.
35. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the Authority may
order the developer, the occupier of the site, or the owner or all of them to reinstate the site, to
remove all or any buildings or erections, to cover or fill all wells or excavations, and to close all
or any accesses, or to do any of these things or all of them, as the case may be, and the
developer, occupier or owner shall carry out the order of the Authority and shall put the site in a
clean and sanitary condition to the satisfaction of the Authority.
36. Form of Application
(1) An application for a development permit or for outline planning permission shall be
made only by the owner or by a person authorized by the owner to the Authority on
such form as may be prescribed by the Authority, and every application shall include
such plans, specifications and drawings as the Authority may require, and be
accompanied by the permit fee required by the Authority.
(2) The Authority shall, on request, supply to every applicant a copy of the application
forms referred to in Regulation 36(1) and a description of the plans, specifications
and drawings required to be provided with the application.
37. Register of Application
The Authority shall keep a public register of all applications for development, and shall enter
therein the Authority's decision upon each application and the result of any appeal from that
decision.
38. Deferment of Application
(1) The Authority may, with the written agreement of the applicant, defer consideration of
an application.
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(2) Applications properly submitted in accordance with these Regulations which have
not been determined by the Authority and on which a decision has not been
communicated to the applicant within eight weeks of the receipt thereof by the
Authority, and on which consideration has not been deferred in accordance with
Regulation 38(1) shall be deemed to be refused.
39. Outline Planning Permission
(1) The Authority may grant outline planning permission for the erection, alteration or
conversion of a building if, after considering an application for outline planning
permission made under these Regulations, it is satisfied that the proposed
development is, subject to the approval of detailed plans, in compliance with these
Regulations.
(2) Where outline planning permission is granted under this Regulation, it shall be
subject to the subsequent approval by the Authority of such details as may be listed
in the outline planning permission, which shall also specify that further application for
approval of these details shall be received not later than two years from the grant of
outline planning permission.
40. Development Permit
(1)
A plan or drawing which has been approved by the Authority and which bears a
mark and/or signature indicating such approval together with a permit shall be
deemed to be permission to develop land in accordance with these Regulations
but such permission shall not relieve the applicant from full responsibility for
obtaining permits or approvals under any other regulation or statute prior to
commencing the development; from having the work carried out in accordance
with these Regulations or any other regulations or statutes; and from compliance
with all conditions imposed there under.
(2)
The Authority may attach to a permit or to outline planning permission such
conditions as it deems fit in order to ensure that the proposed development will
be in accordance with the purposes and intent of these Regulations.
(3)
Where the Authority deems necessary, permits may be issued on a temporary
basis for a period not exceeding two years, which may be extended in writing by
the Authority for further periods not exceeding two years.
(4)
A permit is valid for such period, not in excess of two years, as may be stated
therein, and if the development has not commenced, the permit may be renewed
for a further period not in excess of one year, but a permit shall not be renewed
more than once, except in the case of a permit for an advertisement, which may
be renewed in accordance with Part III of these Regulations.
(5)
The approval of any application and plans or drawings or the issue of a permit
shall not prevent the Authority from thereafter requiring the correction of errors,
or from ordering the cessation, removal of, or remedial work on any development
being carried out in the event that the same is in violation of this or any other
regulations or statute.
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(6)
The Authority may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit
was issued in error or was issued on the basis of incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter or thing in
being done for which a permit has been issued, a copy of the permit and any
plans, drawings or specifications on which the issue of the permit was based
during the whole progress of the work, or the doing of the matter or thing until
completion.
41. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit, state the
reasons for so doing.
42. Notice of Right to Appeal
Where an authority makes a decision that may be appealed under Section 42 of the Act, that
authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the:
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
43. Appeal Requirements
(1)
The secretary of the board at the Department of Municipal and Provincial Affairs,
Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, NL,
A1B 4J6 is the secretary to all boards in the province and an appeal filed with
that secretary within the time period referred to in subsection 42(4) of the Act
shall be considered to have been filed with the appropriate board.
(2)
Notwithstanding subsection (1), where the City of Corner Brook, City of Mount
Pearl or City of St. John's may appoint an appeal board under subsection 40(2)
of the Act, an appeal shall be filed with the secretary of that appointed board.
(3)
The fee required under Section 44 of the Act shall be paid to the board that hears
the decision being appealed by filing it with the secretary referred to in
subsection (1) or (2) within the 14 days referred to in subsection 42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection
44(3) of the Act, retain the fee paid to the board.
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(5)
Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part IV of the Act, the right to appeal that
decision shall be considered to have been forfeited.
44. Appeal Registration
(1) 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 two (2)
weeks before the date upon which the appeal is to be hard by the board.
45. Development Prohibited
(1) Immediately upon notice of the registration of an appeal the appropriate authority
shall ensure that any development upon the property that is the subject of the appeal
ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, an authority shall not carry out work related to the
matter being appealed.
46. Appeal Board
The Minister may, by order, establish an Appeal Board and shall assign to the Appeal Board a
specific area of the province over which it shall have jurisdiction, as outlined in section 40 of the
Urban and Rural Planning Act, 2000.
47. Appeals
(1) A person or association of persons aggrieved of a decision that, under the
regulations, may be appealed, may appeal that decision to the appropriate Appeal Board
where the decision is with respect to:
(a) an application to undertake a development;
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(b) a revocation of an approval or permit to undertake a development;
(c) the issuance of a stop work order;
(d) a decision permitted under the Act or another Act to be appealed to the
Board.
(2)
A decision of the Authority to adopt, approve or proceed with a municipal plan, a
scheme and development regulations and amendments and revisions of them is
final and not subject to appeal.
(3)
An Appeal Board shall not make a decision that does not comply with the
Municipal Plan, a scheme and development regulations that apply to the matter
being appealed.
(4)
An appeal shall be filed with the Appeal Board not more than 14 days after the
person who made the original application appealed from has received the
decision being appealed. An appeal shall be made in writing and shall include:
(a) a summary of the decision appealed from;
(b) the grounds for the appeal; and
(c) the required fee.
(6)
A person or group of persons affected by the subject of an appeal or their
representatives may appear before an Appeal Board and make representatives
concerning the matter under appeal.
(7)
An Appeal Board may inform itself of the subject matter of the appeal in the
manner it considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance with the
Act and the Municipal Plan, scheme and regulations that have been registered
under section 24 of the Act, and having regard to the circumstances and merits
of the case.
(9)
A decision of the Appeal Board must comply with the plan, scheme or
development regulations that apply to the matter that has been appealed to the
Board.
(10)
In determining an appeal, an Appeal Board may confirm, reverse or vary the
decision appealed from and may impose those conditions that the Board
considers appropriate in the circumstances and may direct the Authority to carry
out its decision or make the necessary order to have its decision implemented.
(11)
Notwithstanding subsection (10), where the Authority may, in its discretion, make
a decision, an Appeal Board shall not make another decision that overrules the
discretionary decision.
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(12)
The decision of a majority of the members of an Appeal Board present at the
hearing of an appeal shall be the decision of the Appeal Board.
(13)
An Appeal Board shall in writing notify the appellant and the appropriate Authority
of the decision of the Appeal Board.
48. Hearing of Notice and Meetings
(1) An Appeal Board shall notify the appellant, applicant, authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal not
fewer than seven (7) days before the date scheduled for the hearing of the appeal.
(2) An Appeal Board may meet as often as is necessary to conduct its work in an
expeditious manner.
49. Hearing of Evidence
(1) An Appeal Board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under regulation 48(1) of their representative
may appear before the Appeal Board and make representations with respect to the
matter being appealed.
(2) An Appeal Board shall hear an appeal in accordance with Section 43 of the Act and
these regulations.
(3) A written report submitted under subsection 43(2) of the Act, respecting a visit to and
viewing of the property shall be considered to have been provided in the same
manner as evidence directly provided at the hearing of the Appeal Board.
(4) In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
50. Return of Appeal Fee
Where an appeal made by an appellant under Section 42 of the Act is successful, an amount of
money equal to the fee paid by that appellant under Section 44 of the Act shall be paid to him or
her by the Authority.
51. Notice of Application
The Authority may, and when a variance is necessary under Regulation 12 and the Authority
wishes to consider whether to authorize such a variance, when a change in non-conforming use
is to be considered under Regulation 69, or when the development proposed is listed as a
discretionary use in Schedule C of the Regulations shall, at the expense of the applicant, give
notice of an application for a permit or for outline planning permission, by public advertisement
in a newspaper circulating in the area or by any other means deemed necessary, and under
Regulation 31 and the Authority shall give written notice of the proposed variance from
development standards to all persons whose land is in the vicinity of the land that is the subject
of the variance, and allow a minimum period of seven (7) days for response.
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52. Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land and may
at all reasonable times enter any development or building upon the land for the purpose of
making surveys or examinations or obtaining information relative to the carrying out of any
development, construction, alteration, repair, or any other works whatsoever which the Authority
is empowered to regulate.
53. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to his
knowledge and report that violation to the Authority.
54. Stop Work Order and Prosecution
(1) Where a person begins a development contrary or apparently contrary to these
Regulations, the Authority may order that person to stop the development or work
connected therewith pending final adjudication in any prosecution arising out of the
development.
(2) A person who does not comply with an order made under Regulation 54(1) is guilty
of an offence under the provisions of the Act.
55. Delegations of Powers
An Authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
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PART II - GENERAL DEVELOPMENT STANDARDS
56. Accesses and Service Streets
(1) Access shall be located to the specification of the Authority so as to ensure the
greatest possible convenience and safety of the street system and the Authority may
prescribe the construction of service streets to reduce the number of accesses to
collector and arterial streets.
(2) No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
57. Accessory Buildings
(1) Accessory buildings shall be clearly incidental and complementary to the use of the
main buildings in character, use and size, and shall be contained on the same lot.
(2) No accessory building or part thereof shall project in front of any building line.
(3) The side yard requirements set out in the use zone tables in these Regulations shall
apply to accessory buildings wherever they are located on the lot but accessory
buildings on two (2) adjoining properties may be built to property boundaries
provided they shall be of fire resistant construction and have a common firewall.
58. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part III of these
Regulations.
59. Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or proposed
residential area, or is separated from it by a road only, the owner of the site of the industrial
development shall provide a buffer strip not less than ten (10) metres wide between any
residential activity and the industrial area. The buffer shall include the provision of such natural
or structural barrier as may be required by the Authority and shall be maintained by the owner or
occupier to the satisfaction of the Authority.
60. Building Height
The Authority may permit the erection of buildings of a height greater than that specified in
Schedule C, but in such cases the building line setback and rear yard requirements shall be
varied as follows:
(1) The building line setback shall be increased by two (2) metres for every one (1)
metre increase in height.
(2) The rear yard shall not be less than the minimum building line setback calculated as
described in (1) above plus 6 metres.
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61. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed street or
service street and may require any new buildings to be located on those building lines, whether
or not such building lines conform to the standards set out in the tables in Schedule C of these
Regulations.
62. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequate in size
to accommodate the number of persons living in the group, inclusive of staff, provided that in the
opinion of the Authority, the use of the dwelling does not materially differ from, nor adversely
affect, the amenities of the adjacent residences, or the neighbourhood in which it is located. The
Authority may require special access and safety features to be provided for the occupants
before occupancy is permitted.
63. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be waived in the
case of communication masts and antennae, flagpoles, water towers, spires, belfries, or
chimneys, but any such waiver which results in an increase of more than 20% in the permitted
height of the structure shall only be authorized under the provisions of Regulation 12.
64. Livestock Structures and Uses
(1) No structure designed to contain more than five animal units shall be erected or used
unless it complies with the following requirements:
(a) The structure shall be at least 600 m from a residence, (except a farm
residence or a residence which is a non-conforming use in any zone in which
agriculture is a permitted use class in the Use Zone Tables in Schedule C of
these Regulations), and, from an area designated for residential use in an
approved Plan, and, from a Provincial or Federal Park.
(b) The structure shall be at least 60 m from the boundary of the property on
which it is to be erected.
(c) The structure shall be at least 90 m from the centre line of a street.
(d) The erection of the structure shall be approved by the Department of Forestry
& Agriculture and the Department of Environment & Lands.
(2) No development for residential use shall be permitted within 600 m of an existing
structure designed to contain more than five animal units unless the development is first
approved by the Department of Forestry & Agriculture.
65. Lot Area
(1) No lot shall be reduced in area, either by the conveyance or alienation of any portion
thereof or otherwise, so that any building or structure on such lot shall have a lot
coverage that exceeds, or a front yard, rear yard, side yard, frontage or lot area that
is less than that permitted by these Regulations for the zone in which such lot is
located.
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(2) Where any part of a lot is required by these Regulations to be reserved as a yard, it
shall continue to be so used regardless of any change in the ownership of the lot or
any part thereof, and shall not be deemed to form part of an adjacent lot for the
purpose of computing the area thereof available for building purposes.
66. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist in
any residential zone, with insufficient frontage or area to permit the owner or purchaser of such
a lot or lots to comply with the provisions of these Regulations, then these Regulations shall not
prevent the issuing of a permit by the Authority for the erection of a dwelling thereon, provided
that the lot coverage and height are not greater than, and the yards and floor area are not less
than the standards set out in these Regulations.
67. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these
Regulations, no residential or commercial building shall be erected unless the lot on which it is
situated fronts directly onto a street or forms part of a Comprehensive Development Scheme.
68. Mobile Homes
(1) Groups of more than five (5) mobile homes shall be located only in approved mobile
home parks and mobile home subdivisions in Residential Use Zones so designated
and shall conform to the requirements of the Provincial Mobile Home Development
Regulations currently in effect.
(2) No development permit shall be issued for a mobile home lot unless it conforms with
the requirements of Regulation 23 of the Mobile Home Development Regulations.
69. Non-Conforming Uses
(1) Notwithstanding a plan, scheme or regulations made under this Act, the Minister, a
council or regional authority shall, in accordance with regulations made under this
Act, allow a development or use of land to continue in a manner that does not
conform with a regulation, scheme, or plan that applies to that land provided that the
nonconforming use legally existed before the registration under Section 24 of the
Act, scheme or regulations made with respect to that kind of development or use.
(2) Notwithstanding subsection (1), a right to resume a discontinued non-conforming use
of land shall not exceed six (6) months after that discontinuance unless otherwise
provided by regulation under the Act.
(3) A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (1):
(a) shall not be internally or externally varied, extended or expanded unless
otherwise approved by the minister or appropriate council, regional authority
or authorized administrator;
(b) shall not be structurally modified except as required for the safety of the
building, structure or development;
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(c) shall not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, structure or
development has been destroyed;
(d) may have the existing use for that building, structure or development varied
by the appropriate council, regional authority or authorized administrator to a
use that is, in their opinion, more compatible with a plan and regulations
applicable to it;
(e) may have the existing building extended by the appropriate council, regional
authority or authorized administrator where, in its opinion, that extension is
not more than 50% of the existing building;
(f) where the non-conformance is with respect to standards included in
development regulations, shall not be expanded if the expansion would
increase the non-conformity;
(g) where a building, structure or development does not meet the development
standards included in development regulations, the building, structure or
development shall not be expanded if the expansion would increase the
nonconformity and an expansion must comply with the development
standards applicable to that building, structure or development; and
(h) where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with the appropriate plan and regulations, be
repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed.
(4) Where considering a non-conforming building, structure, or development and before
making a decision to vary an existing use of that non-conforming building, structure
or development, an authority, at the applicant's expense, shall publish a notice in a
newspaper circulating in the area or by other means give public notice of an
application to vary the existing use of a non-conforming building, structure or
development and shall consider any representations or submissions received in
response to that advertisement.
70. Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous fumes,
smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any
nuisance that has an unpleasant effect on the senses unless its use is authorized by the
Authority and any other authority having jurisdiction.
71. Off-street Parking Requirements
(1) For every building, structure or use to be erected, enlarged or established, there
shall be provided and maintained a quantity of off-street parking spaces sufficient to
ensure that the flow of traffic on adjacent streets is not impeded by the on-street
parking of vehicles associated with that building, structure or use.
(2) The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Schedule D of these
Regulations.
(3) Each parking space, except in the case of one or two-family dwellings, shall be made
accessible by means of a hard surfaced right-of-way at least 3 m in width. Parking
required in a Residential Zone shall be provided on the same lot as the dwelling or
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dwellings. Parking space for apartments shall be provided in the rear yard where
possible. In a Non-Residential Zone, parking spaces shall be provided within the
limits of the zone in which the use is situated and not more than 200 m distant from
the use concerned.
(4) The parking facilities required by this Regulation shall, except in the case of single or
attached dwellings, be arranged so that it is not necessary for any vehicle to reverse
onto or from a street.
(5) Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted:
(a) parking space shall mean an area of land, not less than 15 m² in size,
capable of being used for the parking of a vehicle without the need to move
other vehicles on adjacent areas;
(b) the parking area shall be constructed and maintained to the specifications of
the Authority;
(c) the lights used for illumination of the parking area shall be so arranged as to
divert the light away from adjacent development;
(d) a structure, not more than 3 m in height and more than 5 m² in area may be
erected in the parking area for the use of attendants in the area;
(e) except in zones in which a service station is a permitted use, no gasoline
pump or other service station equipment shall be located or maintained on a
parking area;
(f) no part of any off-street parking area shall be closer than 1.5 m to the front lot
line in any zone;
(g) access to parking areas in non-residential zones shall not be by way of
residential zones;
(h) where a parking area is in or abuts a residential zone, a natural or structural
barrier at least 1 m in height shall be erected and maintained along all lot
lines;
(i) where, in the opinion of the Authority, strict application of the above parking
requirements is impractical or undesirable, the Authority may as a condition
of a permit require the developer to pay a service levy in accordance with
these Regulations in lieu of the provision of a parking area, and the full
amount of the levy charged shall be used by the Authority for the provision
and upkeep of alternative parking facilities within the general vicinity of the
development.
72. Off-Street Loading Requirements
(1) For every building, structure or use to be erected, enlarged or established requiring
the shipping, loading or unloading of animals, goods, wares or merchandise, there
shall be provided and maintained for the premises loading facilities on land that is not
part of a street comprised of one or more loading spaces, 15 m long, 4 m wide, and
having a vertical clearance of at least 4 m with direct access to a street or with
access by a driveway of a minimum width of 6 m to a street.
(2) The number of loading spaces to be provided shall be determined by the Authority.
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(3) The loading facilities required by this Regulation shall be so arranged that vehicles
can manoeuvre clear of any street and so that it is not necessary for any vehicle to
reverse onto or from a street.
73. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and playgrounds
are not located in areas which may be hazardous to their use and are not operated for
commercial purposes.
74. Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the owner or occupier to
provide adequate and suitable landscaping or screening; and for this purpose may require the
submission of an application giving details of the landscaping or screening, and these
Regulations shall then apply to that application. The provision of adequate and suitable
landscaping or screening may be made a condition of any development permit where, in the
opinion of the Authority, the landscaping or screening is desirable to preserve amenity, or
protect the environment.
75. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the provision of
public services and public utilities if the use of that land is necessary to the proper operation of
the public service or public utility concerned provided that the design and landscaping of any
development of any land so used is, in the opinion of the Authority, adequate to protect the
character and appearance of the area.
76. Service Stations
The following requirements shall apply to all proposed service stations:
(a) All gasoline pumps shall be located on pump islands designed for such
purpose, and to which automobiles may gain access from either side.
(b) Pump islands shall be set back at least 4 metres from the front lot line.
(c) Accesses shall not be less than 7 metres wide and shall be clearly marked,
and where a service station is located on a corner lot, the minimum distance
between an access and the intersection of street lines at the junction shall be
10 metres and the lot line between entrances shall be clearly indicated.
77. Side Yards
A side yard which shall be kept clear of obstruction shall be provided on the exposed sides of
every building in order to provide access for the maintenance of that building.
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78. Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Authority.
79. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of
calculating lot area and yard requirements, shall be considered part of the self-contained
dwelling.
80. Un-subdivided Land
Development is not permitted on un-subdivided land unless sufficient area is reserved to satisfy
the yard and other allowances called for in the Use Zone in which it is located and the
allowances shall be retained when the adjacent land is developed.
81. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which are designed to
form part of a zero lot line development or other comprehensive layout which does not, with the
exception of dwelling unit floor area, meet the requirements of the Use Zone Table in Schedule
C, provided that the dwellings are designed to provide both privacy and reasonable access to
natural daylight and the overall density within the layout conforms to the regulations and
standards set out in the Use Zone Table apply where the layout adjoins other development.
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PART III - ADVERTISEMENTS
82. Permit Required
Subject to the provisions of Regulation 87, no advertisement shall be erected or displayed in the
Planning Area unless a permit for the advertisement is first obtained from the Authority.
83. Form of Application
Application for a permit to erect or display an advertisement shall be made to the authority in
accordance with Regulation 36.
84. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any highway
or street reservation.
85. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement shall
be for a limited period, not exceeding two years, but may be renewed at the discretion of the
Authority for similar periods.
86. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the removal of
any advertisement which, in its opinion, is:
(a) hazardous to road traffic by reason of its siting, colour, illumination, or
structural condition, or;
(b) detrimental to the amenities of the surrounding area.
87. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Authority:
(a) on a dwelling or within the curtilage of a dwelling, one nameplate not
exceeding 0.2 m² in area;
(b) on an agricultural holding or farm, a notice board not exceeding 1 m² in area
and relating to the operations being conducted on the land;
(c) on land used for forestry purposes, signs or notices not exceeding 1 m² in
area and relating to forestry operations or the location of logging operations
conducted on the land;
(d) on land used for mining or quarrying operations, a notice board not exceeding
1 m² in area relating to the operation conducted on the land;
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(e) on a dwelling or within the curtilage of a dwelling, one nameplate not
exceeding 0.2 m² in area in connection with the practice of a professional
person carried on in the premises;
(f) on any site occupied by a church, school, library, art gallery, museum,
institution or cemetery, one notice board not exceeding 1 m² in area;
(g) on the principal facade of any commercial, industrial or public building, the
name of the building or the name of the occupants of the building, in letters
not exceeding one-tenth of the height of that facade or 3 m, whichever is the
lesser;
(h) on any parking lot directional signs and one sign not exceeding 1 m² in size,
identifying the parking lot.
88. Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply with the
appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these
Regulations.
89. Non-Conforming Uses
Notwithstanding the provisions of Regulation 82, a permit may be used for the erection or
display of advertisements on a building or within the curtilage of a building or on a parcel of
land, the use of which is a non-conforming use, provided that the advertisement does not
exceed the size and type of advertisement which could be permitted if the development was in a
Use Zone appropriate to its use, and subject to any other conditions deemed appropriate by the
Authority.
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PART IV - SUBDIVISION OF LAND
90. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of the
subdivision is first obtained from the Authority.
91. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions satisfactory to
the Authority have been made in the application for a supply of drinking water, a properly
designed sewage disposal system, and a properly designed storm drainage system.
92. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Authority for connection to services, utilities
and streets deemed necessary for the proper development of the subdivision, and all service
levies and other charges imposed under Regulations 32 and 33.
93. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Authority shall, without
limiting the generality of the foregoing, consider:
(a) the location of the land;
(b) the availability of and the demand created for schools, services, and utilities;
(c) the provisions of the Plan and Regulations affecting the site;
(d) the land use, physical form and character of adjacent developments;
(e) the transportation network and traffic densities affecting the site;
(f) the relationship of the project to existing or potential sources of nuisance;
(g) soil and subsoil characteristics;
(h) the topography of the site and its drainage;
(i) natural features such as lakes, streams, topsoil, trees and shrubs;
(j) prevailing winds;
(k) visual quality;
(l) community facilities;
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(m) energy conservation;
(n) such other matters as may affect the proposed development.
94. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building permit shall
be obtained for each building proposed to be erected in the area of the subdivision, and no
building permit for any building in the area shall be issued until the developer has complied with
all the provisions of these Regulations with respect to the development of the subdivision.
95. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in accordance
with Regulation 36.
96. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on
the Zoning Maps.
97. Building Lines
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines.
98. Land for Public Open Space
(1) Before a development commences, the developer shall, if required, dedicate to the
Authority, at no cost to the Authority, an area of land equivalent to not more than 10% of
the gross area of the subdivision or 25 m² for every dwelling unit permitted in the
subdivision, whichever is the greater, for public open space, provided that:
(a) where land is subdivided for any purpose other than residential use, the
Authority shall determine the percentage of land to be dedicated;
(b) if, in the opinion of the Authority, no public open space is required, the land
may be used for such other public use as the Authority may determine;
(c) the location and suitability of any land dedicated under the provisions of this
Regulation shall be subject to the approval of the Authority but in any case,
the Authority shall not accept land which, in its opinion is incapable of
development for any purpose;
(d) the Authority may accept from the developer in lieu of such area or areas of
land the payment of a sum of money equal to the value of the land which
would otherwise be required to be dedicated;
(e) money received by the Authority in accordance with Regulation 99(1)(d)
above, shall be reserved by the Authority for the purpose of the acquisition or
development of land for public open space or other public purpose.
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(2)
Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Authority and may be sold or leased by the Authority for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall be
applied against the cost of acquisition or development of any other land for the
purposes of public open space or other public purposes.
(3)
The Authority may require a strip of land to be reserved and remain undeveloped
along the banks of any river, brook or pond, and this land may, at the discretion
of the Authority, constitute the requirement of land for public use under
Regulation 99(1).
99. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole, telegraph
or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the prior approval of
the Authority which shall be satisfied on the question of safe construction and relationship to the
adjoining buildings and other structures within the street reservation.
100. 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 ten (10) percent.
(b) Every cul-de-sac shall be provided with a turning circle of a diameter of not less than
30 metres.
(c) The maximum length of any cul-de-sac shall be:
(i) 200 m in areas served by or planned to be served by municipal piped water
and sewer services, as shown in the map and letter of agreement signed by the
Municipality and the Minister of Municipal and Provincial Affairs in connection
with municipal five-year capital works program eligibility.
(ii) 300 m in areas not served by or planned to be served by municipal piped
water and sewer services.
(d) Emergency vehicle access to a cul-de-sac shall be not less than 3 m wide and shall
connect the head of the cul-de-sac with an adjacent street.
(e) No cul-de-sac shall be located so as to appear to terminate a collector street.
(f) New subdivisions shall have street connections with an existing street or streets.
(g) All street intersections shall be constructed within 5° of a right angle and this
alignment shall be maintained for 30 m from the intersection.
(h) No street intersection shall be closer than 60 m to any other street intersection.
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(i) No more than four streets shall join at any street intersection.
(j) No residential street block shall be longer than 490 m between street intersections.
(k) Streets in residential subdivisions shall be designed in accordance with the approved
standards of the Authority, but in the absence of such standards, shall conform to the
following minimum standards:
(l) No lot intended for residential purposes shall have a depth exceeding four times the frontage.
(m) Residential lots shall not be permitted which abut a local street at both front and rear lot
lines.
(n) The Authority may require any existing natural, historical or architectural feature or part
thereof to be retained when a subdivision is developed.
(o) Land shall not be subdivided in such a manner as to prejudice the development of adjoining
land.
101. Engineer to Design Works and Certify Construction Layout
(1) Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers
and all appurtenances thereto and all streets, paving, curbs, gutters and catch basins
and all other utilities deemed necessary by the Authority to service the area
proposed to be developed or subdivided shall be designed and prepared by or
approved by the Engineer. Such designs and specifications shall, upon approval by
the Authority, be incorporated in the plan of subdivision.
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(2) Upon approval by the Authority of the proposed subdivision, the Engineer shall
certify all work of construction layout preliminary to the construction of the works and
thereupon the developer shall proceed to the construction and installation, at his own
cost and in accordance with the approved designs and specifications and the
construction layout certified by the Engineer, of all such water mains, hydrants,
sanitary sewers and all appurtenances and of all such streets and other works
deemed necessary by the Authority to service the said area.
102. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the preparation
of designs and specifications and for the layout and supervision of construction; such fees and
charges being percentages of the total cost of materials and labour for the construction and
installation of all works calculated in accordance with the Schedule of Fees recommended by
the Association of Professional Engineers of Newfoundland and in effect at the time the work is
carried out.
103. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and paving
specified by the Authority as being necessary, may, at the Authority's discretion, be deferred
until a later stage of the work on the development of the subdivision but the developer shall
deposit with the Authority before approval of his application, an amount estimated by the
Engineer as reasonably sufficient to cover the cost of construction and installation of the works.
In the later stage of the work of development, the Authority shall call for tenders for the work of
construction and installation of the works, and the amount so deposited by the developer shall
be applied towards payment of the contract cost. If the contract cost exceeds the deposit, the
developer shall pay to the Authority the amount of the excess. If the contract price is less than
the deposit, the Authority shall refund the amount by which the deposit exceeds the contract
price. Any amount so deposited with the Authority by the developer shall be placed in a
separate savings account in a bank and all interest earned thereon shall be credited to the
developer.
104. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land and upon
request of the Authority, transfer to the Authority, at no cost to the Authority, and
clear of all liens and encumbrances:
(a) all lands in the area proposed to be developed or subdivided which are
approved and designated by the Authority for public uses as streets, or other
rights-of-way, or for other public use;
(b) all services or public works including streets, water supply and distribution
and sanitary an storm drainage systems installed in the subdivision that are
normally owned and operated by the Authority.
(2)
Before the Authority shall accept the transfer of lands, services or public works of
any subdivision, the Engineer shall, at the cost to the developer, test the streets,
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services and public works installed in the subdivision and certify his satisfaction
with their installation.
(3)
The Authority shall not provide maintenance for any street, service or public work
in any subdivision until such time as such street, service or public work has been
transferred to and accepted by the Authority.
105. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until the Authority is satisfied that:
(a) the lot can be served with satisfactory water supply and sewage disposal
systems, and;
(b) satisfactory access to a street is provided for the lots.
106. Grouping of Buildings and Landscaping
(1) Each plan of subdivision shall make provision for the grouping of building types and
for landscaping in order to enhance the visual aspects of the completed development
and to make the most use of existing topography and vegetation.
(2) Building groupings, once approved by the Authority, shall not be changed without
written application to and subsequent approval of the Authority.
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PART V - USE ZONES
107. Use Zones
(1) For the purpose of these Regulations, the Planning Area is divided into Use Zones
which are shown on the Zoning Map attached to and forming part of these
Regulations.
(2) Subject to Regulation 107(3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in
the Use Zone Tables in Schedule C of these Regulations.
(3) Where standards, requirements and conditions applicable in a Use Zone are not set
out in the Use Zone Tables in Schedule C, the Authority may in its discretion,
determine the standards, requirements and conditions which shall apply.
108. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in Schedule
C shall be determined by the Authority in accordance with the classification and examples set
out in Schedule B.
109. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in the
appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that Use Zone.
110. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in
the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if the
Authority is satisfied that the development would not be contrary to the general intent and
purpose of these Regulations, the Municipal Plan, or any further scheme or plan or regulation
pursuant thereto, and to the public interest, and if the Authority has given notice of the
application in accordance with Regulation 51 and has considered any objections or
representations which may have been received on the matter.
111. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in
the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone.
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SCHEDULE A
DEFINITIONS
ABANDON: (a) to discontinue use for more than six (6) consecutive months; (b) to cease or
suspend developing or maintaining a building or use for a stated period of time.
ACCESS: A way, intended for use by vehicles, pedestrians or animals as a means of going
from a road, street or highway to land adjacent to it.
ACCESSORY BUILDING: A detached subordinate building not used for human habitation,
located on the same lot as the main building structure or use to which it is accessory, the use of
which is naturally or customarily incidental and complementary to the main use of the building,
land or structure, and shall include:
(a) in the case of residential uses: domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetable storage
cellars, shelters for domestic pets, or radio and television antennae;
(b) in the case of commercial uses: workshops or garages;
(c) in the case of industrial uses: garages, offices, raised ramps and docks.
ACT: The Urban and Rural Planning Act.
ADVERTISEMENT: Any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part for
the purposes of advertisement, announcement or direction; excluding such things employed
wholly as a memorial, or functional advertisement of Councils, or other local authorities, public
utilities and public transport undertakers, and including any boarding or similar structure used or
adapted for use for the display of advertisements.
AGRICULTURE: Horticulture, fruit growing, grain growing, seed growing, dairy farming, the
breeding or rearing of livestock, including any creature kept for the production of food, wool,
skins, or fur, or for the purpose of its use in the farming of land, the use of land as grazing land,
meadow land, osier land, market gardens and nursery grounds and the use of land for
woodlands where that use is ancillary to the farming of land for any other purpose. "Agricultural"
shall be construed accordingly.
AMUSEMENT USE: The use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pinball games and
slot machine arcades and billiard and pool halls.
ANIMAL: A non-human living being with a developed nervous system.
ANIMAL UNIT: Any one of the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
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1 cow (including calf);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
APARTMENT BUILDING: A building containing three or more dwelling units, but does not
include a row dwelling.
APPEAL BOARD: The appropriate Appeal Board established under the Act.
ARTERIAL ROADWAY: The streets in the Planning Area constituting the main traffic arteries of
the area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map.
ASSEMBLY OCCUPANCY: The occupancy use of a building, or part thereof, by a gathering of
persons for civic, political, travel, religious, social, educational, recreational or like purposes, or
for the consumption of food or drink.
AUTO BODY SHOP: A building or a clearly defined space on a lot used for the storage, repair
and servicing of motor vehicles including body repair and painting but does not include an
automobile service station or an automobile sales establishment.
AUTO SCRAPYARD: A building, warehouse, yard or other place or premise in or on which are
stored or kept automobiles, auto parts or any other salvage object intended for resale or delivery
of another person.
AUTOMOBILE REPAIR: The general repair, rebuilding, or reconditioning of engines, motor
vehicles, or trailers such as collision service, body repair and frame straightening; painting and
upholstering; vehicle steam cleaning; and undercoating.
AUTOMOTIVE VEHICLE SALES or RENTAL ESTABLISHMENT: An establishment having as
its main use the storage of vehicles for sale or the storage of vehicles for rent or lease.
Accessory uses may include facilities for the repair or maintenance of such vehicles.
AWNING: A movable or immovable roof-like cover that projects from the wall of a building for
the purpose of advertising and/or shielding a doorway or window from the elements and is
periodically retracted into the face of the building.
BACK LOT: A lot that does not have frontage on an open, public street, or that has less than
the required frontage as set out in the Municipal Plan and Zoning Bylaw.
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BALCONY: A platform, projecting from the face of a wall of a building, cantilevered or
supported by columns or brackets and surrounded by a balustrade or railing.
BASEMENT: (a) that portion of a building partly underground, but having less than one-half its
clear height below the average lot grade.
(b) a portion of a building between two floor levels which is partly set underground but which has
at least one-half of its height, from finished floor to finished ceiling or to the undersides of the
floor joints of the storey next above, as the case may be, above the adjacent average finished
grade level adjacent to the exterior walls of the building.
(c) a storey partly above curb level but having at least one-half of its height above the curb level.
BED AND BREAKFAST ESTABLISHMENT: A single unit dwelling in which the resident
supplies, for compensation, not more than six (6) bedrooms for the temporary accommodation
of travellers.
BOARDING HOUSE: A dwelling in which at least two (2) rooms, but no more than six (6)
rooms, are regularly rented to persons other than the immediate family of the owner or tenant.
BUFFER: A parcel or tract of land, with plant material or other landscaping, that is used to
separate one use from another to shield or block noise, light or other nuisances.
BUILDING: Every 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 part of a
building.
BUILDING ENVELOPE: The volume of space that may be occupied by a building mass.
BUILDING FOOTPRINT: The greatest horizontal area of a building above grade within the
outside surface of exterior walls, or within the outside surface of exterior walls and the centre
line of firewalls.
BUILDING HEIGHT: The vertical distance, measured in metres, from the established grade to
the (a) highest point of the roof surface of a flat roof; (b) deck line of a mansard roof; and (c)
mean height level between the eave and the ridge of a gable, hip or gambrel roof. In any case, a
building height shall not include mechanical structures, smokestacks, steeples or purely
ornamental structures above a roof.
BUILDING LINE: A line established by the Authority to set the horizontal distance between the
closest point of a building and the street line.
BUILDING SETBACK: The minimum horizontal distance between the site boundary and the
nearest point of the foundation or exterior wall of the building, whichever is the lesser, or
another part of the building if specified elsewhere.
CAMPGROUND: means the use of land for the accommodation of travel trailers, recreational
vehicles, and/or tents.
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CAR DEALERSHIP: see Automobile Vehicles Sales or Rental Establishment.
CAR WASH: see Automobile Washing Establishment.
CEMETERY: The use of land primarily as landscaped open space in the placement of grave
sites, and where chapels and accessory buildings associated with a groundskeeper may be
incorporated.
CHILD CARE CENTRE: see Day-care centre.
CHURCH: A building dedicated to religious worship and includes a church hall, church
auditorium, Sunday school, parish hall, rectory, manse and day nursery operated by the church.
CLINIC: A building used for medical, dental, surgical or therapeutic treatment of human patients
that does not include overnight facilities and does not include a professional office of a doctor
located in his or her residence.
COLLECTOR ROADWAY: A street that is designed to link local streets with arterial streets and
which is designated as a collector street in the Municipal Plan, or on the Zoning Map.
COMMERCIAL USE: An occupation, employment or enterprise that is carried on for profit by
the owner, lessee, or licensee.
CONDITIONAL USE: A use of property, which is permitted within a zone so long as it can be
implemented subject to such terms and conditions as may be imposed by the Authority pursuant
to the Act.
CONSERVATION:
(a) The preservation, protection and improvement of the components of the natural
environment through a comprehensive management and maintenance program
administered by a public authority for individual or public us.
(b) The wise management of the environment in a way which will maintain, restore, enhance
and protect its quality and quantity for sustained benefit to man and the environment.
(c) The preservation, protection and/or improvement of the components of the natural
environment through management and maintenance for both the individual and society's
uses, both in the present and in the future.
(d) The protection and care that prevents destruction or deterioration of historical or
otherwise significant structures, buildings or natural resources.
CONVENIENCE STORE: A building which is used as a store that serves the primary needs of
the adjacent neighbourhood and includes the sale of magazine, confectionary and grocery items
and a delicatessen or snack bar provided that any eating facility is within a wholly enclosed
building.
COTTAGE: A building to accommodate one or more guests for temporary occupancy,
containing at least two (2) rooms and is at least partially furnished.
DAY-CARE CENTRE or DAY NURSERY: A building or part of a building in which services and
activities are regularly provided to children of pre-school age during the full daytime period as
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defined under the Day Nurseries Act, but does not include a school as defined by the Schools
Act.
DEVELOPER: A person, or company, who is responsible for any undertaking that requires a
zoning permit, special-use permit or conditional-use permit.
DEVELOPMENT: 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, shall
specifically include:
(a) the making of an access onto a highway, road or way;
(b) the erection of an advertisement or sign;
(c) the parking of a trailer, or vehicle of any description used for the sale of refreshments or
merchandise, or as an office, or for living accommodation, for any period of time;
and shall exclude:
(d) the carrying out of works for the maintenance, improvement or other alteration or any
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building;
(e) the carrying out by a highway authority of any works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the road
reservation;
(f) the carrying out by any local authority or statutory undertakers of 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;
(g) the use of any building or land within the curtilage of a dwelling house for any purpose
incidental to the enjoyment of the dwelling house as such.
DEVELOPMENT SCHEME: A type of plan that becomes part of the zoning for the property. The
plan depicts site characteristics and development information for the proposed development of a
specified parcel of land that reflects thereon the location of buildings, easements, parking
arrangements, public access, street pattern, and other similar features.
DIRECTOR: The Director of Urban and Rural Planning.
DISCRETIONARY USE: A use that is listed within the discretionary use classes established in
the use zone tables of the Authority's Development Regulations.
DOUBLE DWELLING: A building containing two dwelling units, placed one above the other, or
side by side, but does not include a self-contained dwelling containing a subsidiary apartment.
DWELLING UNIT: A self-contained unit consisting of one or more habitable rooms used or
designed as the living quarters for one household.
EASEMENT: The right to use land, most commonly for access to other property, or as a right-
of-way for utility service.
EATING ESTABLISHMENT: A building or part of a building where food is offered for sale or
sold to the public for immediate consumption and includes such uses as a restaurant, cafe,
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cafeteria, take-out counter, ice-cream parlour, tea or lunch room, dairy bar, coffee shop, snack
bar or refreshment room or stand; but does not include a boarding or lodging house.
ENGINEER: A professional engineer employed or retained by the Authority.
FAMILY AND GROUP CARE CENTRE: A dwelling accommodating up to but no more than six
(6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this definition
includes, but is not limited to, the facilities called "Group Homes", "Halfway House", and "Foster
Home".
FARM or FARMING OPERATION: A lot, buildings and structures where the primary use is for
the production of farm products such as dairy products, livestock, field or forestry crops, or
undeveloped land. A farm may also incorporate one single-detached or mobile home dwelling
as an accessory use for use by farm help, and structures such as a barn or silo.
FENCE: A barrier closing or bordering a field, yard, etc. usually made of posts and wire or
wood, used to prevent entrance, to confine, or to mark a boundary.
FLOOR AREA: The total area of all floors in a building measured to the outside face of exterior
walls.
FRONTAGE: The horizontal distance between side lot lines measured at the building line.
FUNERAL HOME: A building designed for the purpose of furnishing funeral supplies and
services to the public and includes facilities intended for the preparation of the dead human
body for internment or cremation. Facilities for cremation, such as crematoria, shall be included
in this definition.
FRONT YARD DEPTH: The distance between the front lot line of a lot and the front wall of the
main building on the lot.
GARAGE: A building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up,
demolishing, or treating any article, commodity or substance. "Industry" shall be construed
accordingly.
GENERAL GARAGE: Land or buildings used exclusively for repair, maintenance and storage
of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY: The use of land or buildings for industrial purposes involving the use
of materials or processes which because of their inherent characteristics, constitute a special
fire, explosion, radiation or other hazard.
HOBBY FARMING: An agricultural operation that is:
(a) incidental to the principal residential use;
(b) not carried out for financial gain or reward,
(c) does not constitute a principal income for the farmer or land owner; and
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(d) a maximum acreage of 10% of the total lot area up to a maximum of two (2) hectares.
HOBBY GARDENING: The use of land by the property owner for the non-commercial outdoor
cultivation of flowers, fruits, or small plants, and unenclosed by any structure than a fence.
HOME-BASED BUSINESS: An accessory use of a dwelling unit for a business which is
secondary and incidental to the primary use of the dwelling as a residence, and does not
change the residential character of the building or site.
HOTEL: A tourist establishment that consists of a building containing three (3) or more attached
units grouped under one roof and accessible from the interior or partially from the exterior,
designed to accommodate the travelling public and may have facilities for serving meals.
INFILL: The placement of new buildings into established built-up areas, resulting in an increase
in building stock.
INSPECTOR: Any person appointed and engaged as an Inspector by the Authority or by any
federal or provincial authority or the agent thereof.
INSTITUTION: A building or part thereof occupied or used by persons who:
(a) are involuntarily detained, or detained for penal or correctional purposes, or whose liberty is
restricted, or;
(b) require special care or treatment because of age, mental or physical limitations or medical
conditions.
LAND: Includes land covered by water, and buildings and structures on, over, or under the soil
and fixtures that form part of these buildings and structures.
LANDSCAPING: Any combination of trees, shrubs, flowers, grass or other horticultural
elements, decorative stonework, paving, screening or other architectural elements, all of which
is designed to enhance the visual amenity of a property or to provide a screen between
properties in order to mitigate objectionable features between them.
LIGHT INDUSTRY: Use of any land or buildings for any general industrial use that can be
carried out without hazard or intrusion and without detriment to the amenity of the surrounding
area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or
appearance.
LIVESTOCK: Any animal customarily kept by humans for the purpose of providing food,
clothing, or work, including but not limited to equine (horses, mules), bovine (cattle), ovine
(sheep), caprine (goats), porcine (swine, hogs), and fowl, but excluding bees.
LIVESTOCK STRUCTURE: Any structure utilized for the housing of more than five (5) animal
units/livestock that conforms with the conditions contained in Regulation 64 of these
Regulations.
LOCAL STREET: 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.
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LODGING HOUSE: A dwelling in which at least two (2) rooms, but no more than six (6) rooms,
are regularly rented to persons other than the immediate family of the owner or tenant.
LOT: Any plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building.
LOT AREA: The total horizontal area within the lot lines of the lot.
LOT COVERAGE: The combined area of all buildings on the lot measured at the level of the
lowest floor above the established grade expressed as a percentage of the total area of the lot.
LOT LINE: Any boundary of a lot.
MARINA: A dock or basin, together with associated facilities, that includes slips, moorings,
supplies, repairs, and other services that are typically available for recreational boats and other
leisure watercraft, including storage, sales and rentals, together with a club house and catering
facilities.
MINERAL WORKING: Land or buildings used for the working or extraction of any naturally
occurring substance.
MOBILE HOME: A transportable factory-built single family dwelling unit:
(a) which complies with space standards substantially equal to those laid down in the
Canadian Code for Residential Construction and is in accordance with the construction
standards laid down and all other applicable Provincial and Municipal Codes and;
(b) which is designed to be:
(i) transported on its own wheels and chassis to a mobile home lot, and subsequently
supported on its own wheels, jacks, posts or piers, or on a permanent foundation
and;
(ii) connected to exterior public utilities approved by the Authority, namely, piped water,
piped sewer, electricity and telephone, in order for such mobile home unit to be
suitable for year round term occupancy.
MOBILE HOME PARK: A mobile home development under single or joint ownership, cared for
and controlled by a mobile home park operator where individual mobile home lots are rented or
leased with or without mobile home units placed on them and where ownership and
responsibility for the maintenance and development of site facilities including underground
services, access roads, communal areas, snow clearing and garbage collection, or any of them,
are the responsibility of the mobile home park management, and where the mobile home
development is classified as a mobile home park by the Authority.
MOBILE HOME SUBDIVISION: A mobile home development requiring the subdivision of land
whether in single or joint ownership into two or more pieces or parcels of land for the purpose of
locating thereon mobile home units under either freehold or leasehold tenure and where the
maintenance of streets and services is the responsibility of a municipality or public authority,
and where the mobile home development is classified as a mobile home subdivision by the
Authority.
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MOTEL: A tourist establishment that:
(a) Consists of one (1) or more than one building containing four (4) or more attached
accommodation units accessible from the exterior only;
(b) May or may not have facilities for serving meals; and
(c) Is designed to accommodate the travelling public for whom the automobile is the principal
means of transportation.
NON-CONFORMING USE: 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.
NURSING HOME: A building where nursing care and room and board are provided to
individuals incapacitated in some manner for medical reasons and approved by the appropriate
provincial department.
OPEN SPACE: Land that is retained for use as active or passive recreation areas or for
resource protection in an essentially undeveloped state.
OUTDOOR STORAGE: The storage of merchandise, goods, inventory, materials or equipment
or other items which are not intended for immediate sale, by locating them outside.
OWNER: Any person, firm or corporation controlling the property under consideration.
PARKING LOT: An open area of land other than a street or an area within a structure for the
parking of vehicles.
PERMITTED USE: A use that is listed within the permitted use classes set out in the use zone
tables of the Authority's Development Regulations.
PERSONAL CARE HOME: see Retirement Home.
PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working.
PROHIBITED USE: 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.
PUBLIC USE: Any lands, structure or building which is constructed for use by the general
public, including but not limited to parks, playgrounds, trails, paths and other recreational and
open spaces, scenic and historic sites, publicly funded buildings such as schools, hospitals,
libraries, and other public buildings and structures.
QUARRY: A place where consolidated rock has been or is being removed by means of an open
excavation to supply material for construction, industrial or manufacturing purposes, but does
not include a wayside quarry or open pit metal mine.
REAR YARD: A yard extending across the full width of the lot between the rear lot line and the
nearest wall of the building on the lot.
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REAR YARD DEPTH: The distance between the rear lot line and the rear wall of the main
building on the lot.
REPAIR SHOP: see Auto Body Shop.
RESIDENTIAL USE: Any family dwellings permitted under this regulation.
RESTAURANT: A building or part thereof, designed or intended to be used or occupied for the
purpose of serving the general public with meals or refreshments for consumption on the
premises.
RETIREMENT HOME: A residential facility or part thereof which is not a nursing home or group
home, in which, for hire or gain, lodging is supplied in at least ten (10) retirement dwelling units.
Meals are supplied for the occupants in a common kitchen and dining facility and other
communal facilities, such as nursing care, may be provided. Accommodation shall be intended
for the lodging of retired or elderly persons.
ROW DWELLING: Three or more dwelling units at ground level in one building, each unit
separated vertically from the others.
SALVAGE YARD: An area of land used for the storage, handling or processing of and sale of
scrap material, and without limiting the generality of the foregoing, may include waste paper,
rags, bones, used bicycles, vehicles, tires, metals, or other scrap material or salvage, but shall
not include a hazardous waste material storage or disposal site.
SCREENING: The use of landscaping, fences or berms, or a combination thereof, to visually
and/or audibly separate areas of use.
SEASONAL RESIDENCE or COTTAGE: A dwelling which is designed or intended for seasonal
or recreational use, and is not intended for use as permanent living quarters.
SENIORS' CITIZENS HOME: see Retirement Home.
SERVICE STATION: Any land or building used exclusively for the sale of petroleum products,
automotive parts and accessories, minor repairs, washing and polishing of motor vehicles.
SERVICE STREET: A street constructed parallel to or close to another street for the purpose of
limiting direct access to that street.
SETBACK: The least horizontal distance permitted between a lot line of a lot and the nearest
portion of any building envelope on such lot.
SHOP: A building or part thereof used for retail trade wherein the primary purpose is the selling
or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of
retail services but does not include an establishment wherein the primary purpose is the serving
of meals or refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE: A group of shops and complementary uses with integrated parking and
which is planned, developed and designed as a unit containing a minimum of 5 retail
establishments.
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SIDE YARD WIDTH: The distance between a side lot line and the nearest side wall of any
building on the lot.
SHOWROOM: A building or part of a building in which samples or patterns are displayed and in
which orders may be taken for goods, wares or merchandise, including vehicles and equipment,
for later delivery.
SPECIAL CARE FACILITY: A use for the purposes of providing special and individualized care
to elderly, children or disabled, provided the facility complies with applicable legislation, but
without limiting the generality of the foregoing, it may include a children's home, nursing home,
or home for the aged, but does not include a retirement home or senior citizens' home.
STREET: Any street, road or highway or any other way designed or intended for public use for
the passage of vehicles and pedestrians, owned by the Authority or other public agency and
maintained at public expense, and is accessible to Fire Department vehicles and equipment.
STREET FRONTAGE: The horizontal distance between the projected side lot lines measured at
the curb.
STREET LINE: The edge of a street, road or highway reservation as defined by the authority
having jurisdiction.
SUBDIVISION: The dividing of any land, whether in single or joint ownership, into two or more
pieces for the purpose of development.
SUBSIDIARY APARTMENT: A separate dwelling unit constructed within and subsidiary to a
selfcontained dwelling.
TAKE-OUT FOOD SERVICE: A building in which the primary purpose is the preparation and
sale of meals or refreshments for consumption off the premises.
TAVERN: Includes a nightclub and means a building licensed or licensable under the Liquor
Control Act wherein meals and food may be served for consumption on the premises and in
which entertainment may be provided.
TEMPORARY USE: A use and/or structure permitted to exist for a limited amount of time.
TOURIST ESTABLISHMENT: Any premises operated to provide sleeping accommodation for
the travelling public or sleeping accommodation for the use of the public engaging in
recreational activities, and includes the services and facilities in connection with which sleeping
accommodation is provided.
TRAILER: Any vehicle used for sleeping or eating accommodation of persons and so
constructed as to be suitable for being attached to and drawn by a motor vehicle,
notwithstanding that such vehicle is jacked-up or its running gear removed.
TRANSPORTATION: The use of land to accommodate larger-scale road- and marine-oriented
transportation purposes, such as airfields, railway yards, and docks and harbours.
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USE ZONE or ZONE: 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 in Schedule C
of the Regulations relate.
VARIANCE: 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.
WATERCOURSE: Any lake, pond, river, stream or other body of water.
WATERSHED: the surface area contained within a divide above a specific point on a river,
stream, creek or other flowing body of water.
WETLAND: Lands on which the ground water table is close to or above the surface or which is
saturated with water for a sufficient length of time to favour the wetlands or aquatic processes:
hydric soils, hydrophytic vegetation and various forms of biological activities adapted to this
environment. In addition to providing valuable habitat for wildlife, wetlands also:
(a) Enhance water quality due to their ability to filter drinking water supply;
(b) Abate flood damage by soaking up and holding flood waters
(c) Ensure adequate water supply for public use, irrigation, and livestock, thanks to the
groundwater-recharging functions of wetlands;
(d) Reduce shoreline erosion and damage as wetland vegetation binds and stabilizes
substrates, traps sediments, and reduces wave or current energy; and
(e) Provide recreational opportunities as wetlands can support boating, fishing, hunting, bird
watching and other wildlife viewing.
YARD: An open uncovered space on a lot appurtenant to a building (except a court) and
unoccupied by buildings or structures except as specifically permitted elsewhere in the
Regulations.
ZONING MAP: The map or maps attached to and forming part of the Regulations.
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SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
NOTE: The classification of uses set out in the following table is based on the Classification of
Typical Occupancies included as Table 3.1.2.A of the National Building Code of Canada,
2005. This classification is referred to in Regulation 108 and 109.
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CLASSIFICATION OF USES OF LAND AND BUILDINGS
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CLASSIFICATION OF USES OF LAND AND BUILDINGS
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CLASSIFICATION OF USES OF LAND AND BUILDINGS
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CLASSIFICATION OF USES OF LAND AND BUILDINGS
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SCHEDULE C
USE ZONE TABLES
This schedule contains tables showing the use classes which may be permitted or which may
be treated as discretionary use classes for the purpose of these Regulations. The tables also
indicate the required standards of development and may also include conditions affecting some
or all of the use classes.
The schedule contains tables for the following Use Zones:
General Residential (R1)
Residential Medium Density (R2)
Residential Mobile Home (MH)
Residential Seasonal (RS)
Mixed Development (MD)
General Commercial (GC)
Commercial Neighbourhood (CN)
General Industrial (GI)
Public (P)
Public Utility (PU)
Open Space (OS)
Rural (RU)
Mineral Workings (MW)
Environmental Protection (EP)
Protected Water Supply (PWS)
Comprehensive Development Area (CDA)
All Use Zone Tables are to be read in conjunction with the General Provisions for all Use
Zones of this Schedule.
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GENERAL PROVISIONS FOR ALL USE ZONES
Notwithstanding the provisions of Part II - General Development Standards of these
Regulations, the following provisions will apply to all Use Zones within the Burin Municipal
Planning Area.
1. Basic Conditions
No permit is issued by the Town until the following basic conditions are met:
(1) The conditions for the zone and other parts of the Development Regulations are
satisfied;
(2) In the case of a discretionary use, the application has been duly advertised and
approved by the Authority - the use is approved, but all other conditions still have to be
satisfied;
(3) Where applicable, relevant Provincial and Federal requirements are satisfied - these
referrals are described in greater detail in the ensuing clause.
2. Approvals by Provincial and Federal Government Agencies and Departments -
Referrals
Before a permit is issued by the Town for any of the foregoing developments, approvals must be
obtained from the various agencies noted below. Note that this listing may not be entirely
comprehensive, and so it does not remove the obligation of the applicant to ensure that all
relevant approvals have been obtained.
(1)
General - for any given development, referrals may have to be made to and approvals
obtained from:
(a)
The Department of Government Services for activities on Crown Lands
and development requiring private waste disposal systems;
(b)
The Department of Environment & Conservation - Environmental
Assessment Division and/or Water Resources Management Division for
activities deemed to have environmental impacts;
(c)
The Department of Environment & Conservation, Department of Fisheries
and Oceans Canada - Coast Guard and Fish Habitat Division (navigable
waters and fish habitat) - for development in certain waterways and
within the buffer areas of certain waterways.
(2)
Advertisements - see "Highways - Development Near Highways"
(3)
Agriculture and Farming - approvals must be obtained from the Forestry and
Agrifoods Agency of the Department of Natural Resources for any agricultural use,
including farming operations. Except for infill residential development, any residential
development within 600 metres of a structure containing more than five (5) animal units
as defined under Regulation 64 of the Development Regulations must be referred to the
Forestry and Agrifoods Agency of the Department. Any livestock structure (barn)
containing five (5) or more animal units must be located at least 600 metres from a non-
farm dwelling under Regulation 64, unless otherwise determined after referral to, and
upon recommendation of, the Forestry and Agrifoods Agency of the Department.
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(4)
Crown Lands - approval must be obtained from the Government Service Centre of the
Department of Government Services, for the use of Crown Lands.
(5)
Forestry - approvals for woodcutting or other forestry related activities must be obtained
from the provincial Forestry and Agrifoods Agency of the Department of Natural
Resources. Any non-forestry activity in an area identified as productive forest must be
approved by the Forest Management Unit.
(6)
Highways - Development near Highways - The Province has designated "control lines"
alongside each provincially maintained route. These lines extend 400 metres from the
highways centerlines. The control area is reduced within municipal boundaries, where
the lines instead fall 100 metres from the centerline.
Offsite Promotional Signs falling within the designated control lines of any highway must
be referred to an approved, or exempted by, the Government Services Office serving the
area.
The Department of Transportation and Works should be notified of any other proposed
developments within a highway control area, and must approve any new access off a
provincial highway.
(7)
Mineral Workings, Mining, Mineral Exploration - approvals and permits must be
obtained from the provincial Mines and Energy Branches of the Department of Natural
Resources.
(8)
Protected Watersheds - development, including trails and similar activities, must be
approved by the Water Resources Management Division of the Department of
Environment and Conservation.
(9)
Signs - see 2f above.
(10)
Waterways - Development in Waterways and in Waterway Reservations or Buffers
(a) Any development within a body of water or involving the alteration of a body of water
must be approved by or exempted by the following agencies:
- Government Service Centre of the Department of Government Services
for Crown Lands and referrals;
- Coast Guard Canada of the Department of Fisheries and Oceans -
Navigable Waters Act;
- Fish Habitat Division of the Department of Fisheries and Oceans;
- Water Resources Management Division of the Department of
Environment and Conservation.
(b) Any development occurring within fifteen (15) metres of a body of water or the
defined high water mark of the body of water must be approved by or exempted by:
- The Government Service Centre of the Department of Government Services for
Crown Lands and referrals;
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- The Water Resources Management Division of the Department of Environment
and Conservation.
3. Accessory Uses Permitted
Where these regulations provide for any land to be used, or building to be erected or used for a
purpose, the purpose shall include any accessory use. Such uses shall be clearly incidental and
complementary to the use of the main buildings in character, use and size, and shall be
contained on the same lot.
4. Fences
No fence shall be erected, replaced or repaired unless a permit for construction has been
issued by the Town.
5. Government Uses
A government (federal, provincial or municipal) owned building or facility may be permitted in
any use zone provided that such use conforms with the applicable standards of the
Public/Institutional Use Zone.
6. Livestock
Unless the permitted or discretionary use falls under the Agriculture, Animal or Veterinary
Use Classes, no livestock or animal unit (as defined in Schedule A) shall be permitted on a
given property.
7. Multiple Uses
In any use zone where any land or building is used for more than one use, each use shall be
required to meet the provisions of these regulations. Where there is a conflict such as in the
case of lot size or lot frontage, the higher or more stringent standard shall prevail.
8. Street Classification
For the purposes of these regulations, streets within the Burin Planning Area are classified as
follows:
9. Subdivision Agreement
As a condition of approval for development, Council may require the developer to enter into a
subdivision agreement with the Municipality.
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10. Subdivision Design Standards
Notwithstanding Section 100, Part IV Subdivision of Land of these regulations, the design and
construction of new subdivisions and streets, be they for residential, commercial, or industrial
purposes, shall conform to the following:
(1) Culverts shall not be permitted where curbs, gutters and storm sewers are already provided;
(2) Site work shall generally be graded at approximately 2% up-slope from the top of the curb;
(3) A developer shall be in compliance with the approved subdivision design standards and
layout so as not to deviate from the intent of the subdivision scheme.
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GENERAL PROVISIONS FOR ALL RESIDENTIAL USE ZONES
1. Backlot Development
Where vacant parcels of land exist which have access to a public street and are of sufficient
size for a building lot, but which do not have the required frontage on a publicly maintained
street, they may be considered on a discretionary basis provided the following conditions are
met:
(1) The maximum setback from a public street shall be 32 metres. The minimum lot area
and all other standards shall be the same as for other residential development in this
zone;
(2) Only single dwellings may be permitted;
(3) Lots must have access to, and street line frontage on, a publicly maintained street;
(4) The development of the lot would not prevent the use of adjoining lands for future
development. Where there is potential for additional development in the area, the lot and
access shall be developed in a manner which will accommodate future development. As
such, the access to the public street to which the owner must have clear title shall be a
minimum width of 15 metres to accommodate future public use;
(5) Where there is no potential for future development, the access to the public street shall
be a minimum of six (6) metres in width and shall be treated as a private driveway;
(6) The dwelling is separated from, and oriented, in a manner that does not adversely affect
the privacy and enjoyment of adjoining properties. Separation distances may be required
by the Council as a condition of development, considering such things as slope, tree
cover, and soil conditions.
2. Infill Lot
Where a potential serviced infill lot has been identified and that lot meets all of the development
standards specified in this Land Use Zone, with the exception of minimum frontage or rear yard
depth, the Authority may approve the lot for development with a reduced frontage or rear yard
depth, but not both. In such case, the Authority shall determine the minimum frontage
requirements or rear yard depth requirement.
Where a lot is considered for development under this condition with either a reduced frontage or
rear yard depth requirement, the lot may not be considered for further variance of other
development standards as provided by Regulation 30 of the Development Regulations.
3. Subsidiary Apartments
(1) One subsidiary apartment may be permitted in a single dwelling.
(2) For the purpose of calculating lot area and yard requirements, the apartment shall be
considered part of the single dwelling.
(3) Two (2) off street parking spaces shall be required for the apartment.
(4) The minimum floor area required is 40 m² for a one-bedroom subsidiary apartment, plus
ten square metres for each additional bedroom.
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(5) For lots without municipal water and sewer services, the Government Service Centre
shall determine water and sewage disposal requirements and a permit will be issued
subject to its approval.
4. Hobby Gardening
Hobby gardening (as defined in Schedule A) may be permitted within residential zones.
The minimum lot area shall be no less than 2,500 m². However, where a property falls within a
Comprehensive Development Area (CDA), hobby gardens shall only be permitted if they are
included as part of a comprehensive subdivision development scheme.
5. Comprehensive Plans of Subdivision
Proposed development in areas designated Comprehensive Development Area in the
Burin Municipal Plan and which are subsequently rezoned to accommodate residential
development, shall be in accordance with the requirements of Part IV of these
Regulations, and the standards for development set out in the applicable Residential Use
Zone, and subject to the following conditions:
i)
A Comprehensive plan of subdivision shall be prepared for the entire CDA,
showing potential phasing for development;
ii)
Environmentally sensitive areas such as wetlands and streams shall be
identified in the plans and protected by appropriate undisturbed buffers set
out in these Regulations or as may be established by Council; and
iii)
Street connections shall utilize identified access points and provide for future
street connections.
DRA-2013-1 and NL Gazette
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GENERAL RESIDENTIAL (R1)
PERMITTED USE CLASSES (See Reg. 109)
Marina (see Condition 9)
Medical & Professional (see Condition 8)
Personal Service (see Condition 8)
Recreational Open Space
Single Dwelling
DISCRETIONARY USE CLASSES(See Regs. 51 & 110)
Antenna
Boarding House Residential (see Conditions 3 and 4)
Child Care (see Condition 3)
Convenience Store (see Conditions 4 and 5)
Mobile Home - up to 5 dwellings (see Condition 10)
Refer to Burin Municipal Plan 2010-2020 page 10, Section 4.1: General Land Use Policies;
and page 13, Section 4.2.1: Residential Land Use Policies.
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Conditions for Residential (R1) Zone
1. Accessory Buildings and Decks
In addition to Regulation 57, Part II: General Development Standards, all accessory buildings
must comply with the requirements of this section:
(1) Accessory buildings must be similar in appearance to the main building in terms of
design, colour and materials;
(2) Exclusive of cold frames, decks, gazebos, greenhouses, swimming pools and temporary
repair shelters, accessory buildings shall have a floor area of no greater than eighty (80)
percent of the dwelling lot coverage and a height no greater than 6 metres;
(3) An open or partially enclosed deck attached to the dwelling or other building shall not
extend into the minimum permissible front yard, and shall not be closer to the side or
rear lot line than 1.5 metres; and
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(4) The total lot coverage of all buildings (dwellings together with structures included under
clause (3) of these Conditions) shall not exceed 33 percent.
2. Archaeological Sites
If an archaeological site or historical artefacts are discovered during construction, development
shall stop and the Provincial Archaeology Office (PAO) of the Department of
Tourism, Culture and Recreation shall be consulted. Development shall not proceed until the
PAO has evaluated the site.
3. Bed & Breakfast
The Boarding House Residential Use Class shall include Bed & Breakfasts. A Bed & Breakfast
shall be permitted as a discretionary use and shall be a single dwelling also used for the
purpose of providing temporary room and board for tourists and the travelling public under the
following conditions:
(1) The maximum number of bedrooms for guests shall be six (6);
(2) The use does not detract from the residential character of the neighbourhood and the
building in which the use takes place is similar in exterior finish, design, height, and
scale to a private dwelling;
(3) The use is carried out by a resident of the dwelling unit;
(4) The building lot shall have a minimum lot area of 600 m² and a minimum frontage of
(a) 20 metres;
(5) A non-illuminated, free-standing sign not exceeding 2.8 m² in area and a facia sign
not exceeding 0.2 m² in area shall be permitted provided that the sign is consistent
with the residential character of the area;
(6) Paved parking shall be provided as required in Schedule D;
(7) A parking area abutting a residential lot shall be screened by a fence, wall or hedge
not less than one (1) metre in height and located a minimum distance of one (1)
metre from the edge of the parking area;
(8) The establishment is licensed under the Tourist Establishment Regulations, 1994, as
amended from time to time.
4. Child Care, Convenience Stores & Boarding House Residential
Child care, convenience stores and boarding house residential establishments shall conform to
all the requirements for a single dwelling. Minimum lot area shall conform to lot area
requirements for a single dwelling provided lot area is sufficient to accommodate the building
and meet parking requirements.
5. Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following conditions:
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(1) The retail use shall be subsidiary to the residential character of the area, and shall not
affect the residential amenity of adjoining properties; and
(2) On-site parking shall be provided in accordance with the standards established in
Schedule D.
6. Discretionary Use Classes
The Discretionary Use Classes listed in the Use Zone Table may be permitted at the discretion
of the Authority provided that they are complementary to uses within the permitted use classes
or that their development will not inhibit or prejudice the existence or the development of such
uses.
7. Environmental Protection
(1) Before approving development of a site having a slope greater than 15 percent, the
Authority shall require submission of a review of the development proposal by a certified
engineer, landscape architect or similar professional. The review shall evaluate the
adequacy of site grading, drainage and landscaping and the potential of the
development to cause erosion onto and pollution of adjacent development and land and
water bodies receiving run-off from the site, and other similar matters.
(2) The Authority shall ensure that the proposal is not inappropriate by reason of:
(a) precipitating or contributing to a pollution problem in the area; or
(b) creation of erosion and/or sedimentation.
(3) The Authority shall consider the suitability of the site in terms of steepness of grades,
soil and geographic conditions, location of watercourses, marshes, swamps, or bogs
when reviewing a development proposal.
8. Home-Based Business
Medical, professional, and personal service uses, along with crafts and repairs, are permitted in
this Zone, provided:
(1) The use is situated on a residential property and the primary use of the property remains
residential;
(2) The use is entirely enclosed within the dwelling and/or the accessory building and the
use does not change the appearance of the dwelling or accessory building;
(3) The floor area of the Home-Based Business does not exceed fifty (50) percent of the
total floor area of the dwelling;
(4) No outdoor activities or storage associated with the use occurs;
(5) Activities associated with the use are not hazardous and do not cause significant noise,
odour, dust, fumes, traffic or inconvenience, and are not a nuisance to the occupants of
adjacent dwellings; and
(6) Any retail sales are incidental and subsidiary to the approved use.
9. Marinas
A marina shall be permitted in this zone provided that it is compatible with the residential area. A
marina can include a wharf and stage with an associated boat haul-out, but it does not include a
commercial facility for the repair, maintenance, or servicing of vessels or ancillary commercial
uses - whether or not such a facility is operated by a non-profit organization.
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10. Mobile Home
A Mobile Home shall comply with the Single Dwelling requirements of this Zone exceptfor
minimum floor area.
11. Municipal Services
Development shall be connected to available municipal water and sewer services. Unserviced
or partially serviced development shall be subject to the approval of the Department of
Government Services.
12. Watercourse Protection
The minimum width of a buffer along a watercourse shall be 15 metres from the edge of the
stream, river, pond or other body of water. If the embankment is steep, then the buffer shall be
measured from the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails,
marinas, wharves, and similar uses.
Subject to General Condition 2(j), the Authority or the Provincial Government may subject
development within the buffer area of a watercourse to an environmental review, and may
approve, approve subject to conditions, or refuse such development.
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RESIDENTIAL MEDIUM DENSITY (R2)
PERMITTED USE CLASSES (See Reg. 109)
Double Dwelling
Marina (see Condition 9)
Medical & Professional (see Condition 8)
Personal Service (see Condition 8)
Recreational Open Space
Single Dwelling
DISCRETIONARY USE CLASSES(See Regs. 51 & 110)
Antenna
Apartment Building
Boarding House Residential (see Conditions 3 and 4)
Child Care (see Condition 4)
Convenience Store (see Conditions 4 and 5)
Mobile Home - up to 5 dwellings (see Condition 10)
Place of Worship
Row Dwelling
Refer to Burin Municipal Plan 2010-2020 page 10, Section 4.1: General Land Use Policies;
and page13, Section 4.2.1: Residential Land Use Policies.
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Conditions for Residential Medium Density (R2) Zone
1. Accessory Buildings and Decks
In addition to Regulation 57, Part II: General Development Standards, all accessory buildings
must comply with the requirements of this section:
(1) Accessory buildings must be similar in appearance to the main building in terms
of design, colour and materials;
(2) Exclusive of cold frames, decks, gazebos, greenhouses, swimming pools and
temporary repair shelters, accessory buildings shall have a floor area of no
greater than eighty (80) percent of the dwelling lot coverage and a height no
greater than 6 metres;
(3) An open or partially enclosed deck attached to the dwelling or other building shall
not extend into the minimum permissible front yard, and shall not be closer to the
side or rear lot line than 1.5 metres; and
(4) The total lot coverage of all buildings (dwellings together with structures included
under clause (3) of these Conditions) shall not exceed 33 percent.
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2. Archaeological Sites
If an archaeological site or historical artefacts are discovered during construction, development
shall stop and the Provincial Archaeology Office (PAO) of the Department of Tourism, Culture
and Recreation shall be consulted. Development shall not proceed until the PAO has evaluated
the site.
3. Bed & Breakfast
The Boarding House Residential Use Class shall include Bed & Breakfasts. A Bed & Breakfast
shall be permitted as a discretionary use and shall be a single dwelling also used for the
purpose of providing temporary room and board for tourists and the travelling public under the
following conditions:
(1) The maximum number of bedrooms for guests shall be six (6);
(2) The use does not detract from the residential character of the neighbourhood and the
building in which the use takes place is similar in exterior finish, design, height, and
scale to a private dwelling;
(3) The use is carried out by a resident of the dwelling unit;
(4) The building lot shall have a minimum lot area of 600 m² and a minimum frontage of
(b) 20 metres;
(5) A non-illuminated, free-standing sign not exceeding 2.8 m² in area and a facia sign
not exceeding 0.2 m² in area shall be permitted provided that the sign is consistent
with the residential character of the area;
(6) Paved parking shall be provided as required in Schedule D;
(7) A parking area abutting a residential lot shall be screened by a fence, wall or hedge
not less than one (1) metre in height and located a minimum distance of one (1)
metre from the edge of the parking area;
(8) The establishment is licensed under the Tourist Establishment Regulations, 1994, as
amended from time to time.
4. Child Care, Convenience Stores & Boarding House Residential
Child care, convenience stores and boarding house residential establishments shall conform to
all the requirements for a single dwelling. Minimum lot area shall conform to lot area
requirements for a single dwelling provided lot area is sufficient to accommodate the building
and meet parking requirements.
5. Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following conditions:
(1) The retail use shall be subsidiary to the residential character of the area, and
shall not affect the residential amenity of adjoining properties; and
(2) On-site parking shall be provided in accordance with the standards established in
Schedule D.
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6. Discretionary Use Classes
The Discretionary Use Classes listed in the Use Zone Table may be permitted at the discretion
of the Authority provided that they are complementary to uses within the permitted use classes
or that their development will not inhibit or prejudice the existence or the development of such
uses.
7. Environmental Protection
(1) Before approving development of a site having a slope greater than 15 percent, the
Authority shall require submission of a review of the development proposal by a certified
engineer, landscape architect or similar professional. The review shall evaluate the
adequacy of site grading, drainage and landscaping and the potential of the
development to cause erosion onto and pollution of adjacent development and land and
water bodies receiving run-off from the site, and other similar matters.
(2) The Authority shall ensure that the proposal is not inappropriate by reason of:
(a) precipitating or contributing to a pollution problem in the area; or
(b) creation of erosion and/or sedimentation
(3) The Authority shall consider the suitability of the site in terms of steepness of grades,
soil and geographic conditions, location of watercourses, marshes, swamps, or bogs
when reviewing a development proposal.
8. Home-Based Business
Medical, professional, and personal service uses, along with crafts and repairs, are permitted in
this Zone, provided:
(1) The use is situated on a residential property and the primary use of the property
remains residential;
(2) The use is entirely enclosed within the dwelling and/or the accessory building and
the use does not change the appearance of the dwelling or accessory building;
(3) The floor area of the Home-Based Business does not exceed fifty (50) percent of the
total floor area of the dwelling;
(4) No outdoor activities or storage associated with the use occurs;
(5) Activities associated with the use are not hazardous and do not cause significant
noise, odour, dust, fumes, traffic or inconvenience, and are not a nuisance to the
occupants of adjacent dwellings; and
(6) Any retail sales are incidental and subsidiary to the approved use.
9. Marinas
A marina shall be permitted in this zone provided that it is compatible with the residential area. A
marina can include a wharf and stage with an associated boat haul-out, but it does not include a
commercial facility for the repair, maintenance, or servicing of vessels or ancillary commercial
uses - whether or not such a facility is operated by a non-profit organization.
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10. Mobile Home
A Mobile Home shall comply with the Single Dwelling requirements of this Zone except for
minimum floor area.
11. Municipal Services
Development shall be connected to available municipal water and sewer services. Unserviced
or partially serviced development shall be subject to the approval of the Department of
Government Services.
12. Watercourse Protection
The minimum width of a buffer along a watercourse shall be 15 metres from the edge of the
stream, river, pond or other body of water. If the embankment is steep, then the buffer shall be
measured from the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails,
marinas, wharves, and similar uses.
Subject to General Condition 2(j), the Authority or the Provincial Government may subject
development within the buffer area of a watercourse to an environmental review, and may
approve, approve subject to conditions, or refuse such development.
13. Development in CDA VII
In addition to the requirements of Condition 5, General Provisions for all Residential Use
Zones, the following condition shall apply to development of Comprehensive
Development Area VII:
i)
Development plans should include a mix of residential options/densities
(single dwelling units, multi-unit buildings such as townhouses, duplexes,
small apartment buildings, assisted living accommodations for seniors).
DRA-2013-1 and NL Gazette
Town of Burin Development Regulations
76
RESIDENTIAL MOBILE HOME (MH)
PERMITTED USE CLASSES (See Reg. 109)
Marina (see Condition 3)
Mobile Home
Recreational Open Space
DISCRETIONARY USE CLASSES(See Regs. 51 & 110)
N/A
Refer to Burin Municipal Plan 2010-2020 page 10, Section 4.1: General Land Use Policies;
and page 13, Section 4.2.1: Residential Land Use Policies.
Conditions for Residential Mobile Home (MH) Zone
1. Accessory Buildings
In addition to Regulation 57, Part II: General Development Standards, all accessory buildings
must comply with the requirements of this section:
(1) Accessory buildings must be similar in appearance to the main building in terms of
design, colour and materials;
(2) Accessory buildings will be permitted subject to a maximum lot coverage of 15% of
the lot area or 56 square metres, whichever is less, and a maximum height of 4
metres;
(3) An accessory building will only be permitted in the rear yard of the mobile home. It
shall be no closer than three (3) metres to another building and one (1) metre from
any property line.
2. Attached Structures
An attached structure to a mobile home may be permitted subject to the following conditions:
(1) No attached structure shall have a floor area greater than ten (10) percent of the
area of the lot upon which the mobile home is located or 70 square metres,
whichever is the lesser;
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(2) The minimum lot clearances outlined in the Use Zone Table shall apply o an
attached structure; and
(3) Every attached structure shall be designed to be architecturally similar in appearance
to the mobile home.
3. Marinas
A marina shall be permitted in this zone provided that it is compatible with the residential area. A
marina can include a wharf and stage with an associated boat haul-out, but it does not include a
commercial facility for the repair, maintenance or servicing of vessels or ancillary commercial
uses - whether or not such a facility is operated by a non-profit organization.
4. Mobile Home Park Development Standards
(1) A perimeter buffer of 7.6 metres consisting of natural vegetation shall be maintained
along all boundaries of the mobile home park. No mobile home or accessory building
shall be located within this buffer.
(2) The maximum density of the mobile home park shall be 16 mobile homes per gross
hectare.
(3) No more than one mobile home shall be placed on each mobile home lot.
(4) Vacant lots shall be maintained so not to become derelict or otherwise deteriorate.
5. Mobile Home Lot Development Standards
Development of each mobile home lot shall conform to the following standards:
(1) A mobile home lot must be provided with a mobile home stand capable of supporting
the maximum anticipated load of the mobile home throughout all seasons of the year
without settlement or other movement;
(2) A mobile home stand must be designed to fit the dimensions of the particular home
positioned on the mobile home stand and must be paved or provided with some
other hard surface;
(3) A mobile home stand shall be required to be supported and secured by foundation
walls, piers, posts or other means, carried to a depth sufficient to prevent movement
by frost and sufficient to support the anticipated load at such points on its chassis
frame as required;
(4) Anchors in the form of eyelets embedded in concrete, screw augers or arrow head
anchors, or alternative devices acceptable to the Authority must be provided at all
corners of the mobile home stand and at additional points where necessary to secure
the mobile home against the forces exerted by wind or other naturally occurring
forces;
(5) Anchors or devices must be connected to each anchor point of the mobile home
chassis frame by a cable or other device approved by the Authority;
(6) Anchors and connections must be made capable of withstanding a tension of at least
2,180 kilograms;
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(7) A mobile home shall be placed on an approved mobile home lot, and in a manner
allowing it to be placed and removed from the lot without interfering with other lots;
(8) Mobile homes will be blocked with approved materials so that there will be a
minimum clearance of 0.6 metres from the underside of the steel beam frame to the
ground. The maximum clearance will be 1.2 metres from the underside of the frame
to the ground; and
(9) When a mobile home is in the correct position and secured in place, the open space
beneath it will be skirted with a minimum 1.25 centimetre plywood or equivalent,
secured to a minimum five (5) centimetre by five (5) centimetre framing on 60
centimetre centres. The skirting must be acceptable to the Authority and have an
accessible, removable panel to give access to service connections.
6. Municipal Services
(1) A mobile home park shall be fully serviced with water and sewer connected to the
municipal water and sewer system. The cost of installing water and sewer and
connecting them to the municipal water and sewer system and their on-going
maintenance shall be the responsibility of the developer. Each mobile home shall be
serviced with water and sewer.
(2) The development and maintenance of site facilities including underground services,
communal areas and garbage collection are the responsibility of the mobile home
park developer and/or operator.
7. Outdoor Living Area
A mobile home shall have a minimum of 40 square metres for an outdoor living area. This area
will be located at the rear or side (or combination of both) of the mobile home. The purpose of
the living area is to provide an area for privacy, recreation and amenity.
8. Road Standards
(1) Development of a mobile home park shall conform to the Subdivision Design
Standards laid out in Part IV, Sections 100, 101 and 102 of these Regulations.
(2) The development and maintenance of access roads and snow clearance are the
responsibility of the mobile home park developer and/or operator.
9. Watercourse Protection
The minimum width of a buffer along a watercourse shall be 15 metres from the edge of the
stream, river, pond, or other body of water. If the embankment is steep, then the buffer shall be
measured from the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails,
marinas, wharves, and similar uses.
Subject to General Condition 2(j), the Authority or the Provincial Government may subject
development with the buffer area of a watercourse to an environmental review, and may
approve, approve subject to conditions, or refuse such development.
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79
RESIDENTIAL SEASONAL (RS)
PERMITTED USE CLASSES (See Reg. 109)
Marina (see Condition 5)
Recreational Open Space
Seasonal Residential (see Condition 2 and 4)
DISCRETIONARY USE CLASSES(See Regs. 51 & 110)
Agriculture
Antenna
Forestry
Refer to Burin Municipal Plan 2010-2020 page 10 Section 4.1: General Land Use Policies;
and page 13, Section 4.2.1: Residential Land Use Policies.
Conditions for the Residential Season (RS) Zone
1. Accessory Buildings and Decks
In addition to Regulation 57, Part II: General Development Standards, all accessory buildings
must comply with the requirements of this section:
(1) Accessory buildings must be similar in appearance to the main building in terms of
design, colour and materials;
(2) Exclusive of cold frames, decks, gazebos, greenhouses, swimming pools and
temporary repair shelters, accessory buildings shall have a floor area of no greater
than eighty (80) percent of the dwelling lot coverage or 70 square metres, whichever
is the lesser, and a height no greater than 6 metres;
(3) An open or partially enclosed deck attached to the dwelling or other building shall not
extend into the minimum permissible front yard, and shall not be closer to the side or
rear lot line than 1.5 metres; and
(4) The total lot coverage of all buildings (dwellings together with structures included
under clause (3) of these Conditions) shall not exceed 33 percent.
2. Cottage Plans
There is a cottage planning area located at Freshwater Pond. Any future cottage development
in this area will be done under an approved cottage plan. Applications for other types of
development within this area should be referred to the Land Management Division of the
Department of Environment and Conservation.
3. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses.
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80
4. Lot Area & Other Standards
Lot area shall be determined by the Department of Government Services and shall be sufficient
to accommodate the long-term functioning of an on-site septic disposal system and a private
well.
All other standards must meet provincial requirements established under an approved cottage
plan.
5. Marinas
A marina shall be permitted in this zone provided that it is compatible with the residential area. A
marina can include a wharf and stage with an associated boat haul-out, but it does not include
commercial facility for the repair, maintenance or servicing of vessels or ancillary commercial
uses - whether or not such a facility is operated by a non-profit organization.
6. Productive Forest
On lands deemed to be Productive Forest, the Authority shall consult with the Forestry and
Agrifoods Agency of the Department of Natural Resources before approving any development.
In general, in an area identified as Productive Forest, uses shall be restricted to forestry. The
Authority may permit a seasonal residential dwelling only after approval is received by the
Department of Forest Resources and Agrifoods.
7. Watercourse Protection
The minimum width of a buffer along a watercourse shall be fifteen (15) metres from the edge of
the stream, river, pond or other body of water. If the embankment is steep, then the buffer shall
be measured from the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails,
marinas, wharves, and similar uses.
Subject to General Condition 2(j), the Authority or the Provincial Government may subject
development within the buffer area of a watercourse to an environmental review, and may
approve, approve subject to conditions, or refuse such development.
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81
General Commercial (GC)
PERMITTED USE CLASSES (See Reg. 109)
All Use Classes in Assembly Uses Group (see Condition 8)
All Use Classes in the Business and Personal Service Uses Group
All Use Classes in the Institutional Uses Group
All Use Classes in the Mercantile Uses Group
Antenna
Apartment Building
Commercial Residential
Light Industry
Single Dwelling
Transportation
DISCRETIONARY USE CLASSES(See Regs. 51 & 110)
Club & Lodge (see Condition 8)
General Industry
Place of Amusement (see Condition 8)
Refer to Burin Municipal Plan 2010-2020 page 10, Section 4.1: General Land Use Policies;
and page 15, Section 4.2.2: Commercial Land Use Policies.
Conditions for the General Commercial (GC) Zone
1. Development Standards
The development standards for this zone shall be as follows:
(1) Minimum Lot Area: the minimum lot area shall be determined in discussion with the
Authority and shall conform to the average lot area of nearby properties.
(2) Minimum Frontage: the minimum frontage shall be determined in discussion with the
Authority and shall conform to the average frontage of nearby properties.
(3) Minimum Building Line Setback: except where there is frontage on a Provincial
Highway, the minimum building setback shall be four (4) metres or the average
setback of nearby properties, whichever is greater. Unless an exemption is granted,
where there is frontage on a Provincial Highway, the minimum setback shall be the
greater of four (4) metres, the average setback of nearby properties, or 20 metres
from the centre-line of Highway 220 and 15 metres from the centerline of Highways
221 and 222.
(4) Minimum Side Yard Width: 5 metres (except where buildings are built with adjoining
party walls)
(5) Minimum Rear Yard Depth: 5 metres
(6) Maximum Height: 15 metres
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82
2. Access
The number of accesses to the street from non-residential uses shall be limited by, and
designed to the satisfaction of, the Authority, having regard to the safety and efficiency of the
street for both vehicles and pedestrians.
3. Accessory Buildings and Decks - Residential
In addition to Regulation 57, Part II: General Development Standards, all accessory buildings
must comply with the requirements of this section:
(1) Accessory buildings must be similar in appearance to the main building in terms of
design, colour and materials;
(2) Exclusive of cold frames, decks, gazebos, greenhouses, swimming pools and
temporary repair shelters, accessory buildings shall have a lot coverage no greater
than 7% up to a maximum of 56 square metres and a height of no more than 6
metres;
(3) An open or partially enclosed deck attached to the dwelling or other building shall not
extend into the minimum permissible front yard, and shall not be closer to the side or
rear lot line than 1.5 metres; and
(4) The total lot coverage of all buildings (dwellings together with structures included
under clause (3) of these Conditions) shall not exceed 33 percent.
4. Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot or site
occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be
as follows:
(1) The size, shape, illumination and material construction of the advertisement shall
meet the requirements of the Authority, having regard to the safety and convenience
of users of adjacent streets and sidewalks, and the general amenities of the
surrounding area; and
(2) No advertisement shall exceed five (5) square metres in area.
5. Advertisements Relating to Offsite Uses (see also General Condition 2(f))
The conditions to be applied to the erection of display of an advertisement on any site, relating
to a use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(1) Each advertisement shall not exceed three (3) square metres in area;
(2) When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance
or direction to the premises to which they relate; and
(3) The location, siting and illumination of each advertisement shall be to the satisfaction
of the Authority, having regard to the grade and alignment of streets, the location of
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83
street junctions, the location of nearby buildins, and the preservation of the amenities
of the surrounding area.
6. Archaeological Sites
If an archaeological site or historical artefacts are discovered during construction, development
shall stop and the Provincial Archaeology Office (PAO) of the Department of Tourism, Culture
and Recreation consulted. Development shall not proceed until the PAO has evaluated the site.
7. Buffer
Where any proposed non-residential use abuts a residential zone or an existing dwelling unit,
the owner of the site of the non-residential development may be required to provide a buffer
strip between any non-residential building or activity and the residential zone or dwelling. The
buffer shall include the provision of grass strips, hedges, trees or shrubs or structural barriers as
may be required by the Authority, and shall be maintained by the owner or occupier to the
satisfaction of the Authority.
8. Club, Lodge or Place of Amusement - Discretionary Use
A club, lodge, or place of amusement within 100 metres of a residential use in a Residential or
Mixed Development Zone is a discretionary use.
9. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses. In
particular, the Authority shall be satisfied that a discretionary use:
(1) Will not have a negative effect on adjacent residential uses because of noise, smoke,
dust, vibrations or unsightly appearance;
(2) Will not generate vehicle traffic to a volume that will affect residential amenity; and
(3) Will not cause unacceptable nuisance or hazard to adjacent residential uses.
10. Environmental Protection
(1) Before approving development of a site having a slope greater than fifteen (15) percent,
the Authority shall require submissions of a review of the development proposal by a
certified engineer, landscape architect, or similar professional. The review shall evaluate
the adequacy of site grading, drainage and landscaping and the potential of the
development to cause erosion onto and pollution o adjacent development and land and
bodies of water receiving run-off from the site, and other similar matters.
(2) The Authority shall ensure that the proposal is not inappropriate by reason of:
(a) Precipitating or contributing to a pollution problem in the area; or
(b) Creation of erosion and/or sedimentation.
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(3) The Authority shall consider the suitability of the site in terms of steepness of grades,
soil and geographic conditions, location of watercourses, marshes, swamps, or bogs
when reviewing a development proposal.
11. Landscaping and Surfacing
Non-residential lots shall be landscaped or provided with a stable surface to prevent raising or
movement of dust, clay, mud or loose particles.
12. Municipal Services
Development shall be connected to available municipal water and sewer services. Unserviced
or partially serviced development shall be approved by the Department of Government
Services.
13. Open Storage
The Authority may permit open storage of materials and goods, provided the following
conditions are met:
(1) Open storage shall not be located in the front yard or in any required setback or
buffer areas;
(2) Open storage shall be enclosed by a wall or fence not less than two (2) metres in
height constructed of uniform materials approved by the Authority; and
(3) Open storage shall be maintained with a stable surface to prevent raising or
movement of dust, clay, mud or loose particles.
14. Parking and Loading
Adequate parking, as prescribed in Schedule D, and loading facilities shall be provided on the
site of non-residential uses for all employees; vehicles used in or associated with the activity
carried out on the site; and for vehicles of customers, clients, or other persons who visit the
establishment.
15. Residential Uses
Residential uses shall be limited to apartments over commercial premises, caretaker's dwellings
and single dwellings on lots of inadequate size to accommodate commercial, institutional or
industrial uses.
16. Watercourse Protection
The minimum width of a buffer along a watercourse shall be fifteen (15) metres from the edge of
the stream, river, pond, or other body of water. If the embankment is steep, then the buffer shall
be measured from the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails,
marinas, wharves, and similar uses.
Subject to General Condition 2(j), the Authority or the Provincial Government may subject
development within the buffer area of a watercourse to an environmental review, and may
approve, approve subject to conditions, or refuse such development.
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85
Commercial Neighbourhood (CN)
PERMITTED USE CLASSES (See Reg. 109)
Convenience Store
Medical & Professional (see Condition 10)
Professional Service Uses (see Condition 10)
Single Dwelling
Subsidiary Apartment
DISCRETIONARY USE CLASSES(See Regs. 51 & 110)
All Use Classes in Business & Personal Service Use Group
Antenna
Apartment Building
Light Industry
Shop
Theatre
Refer to Burin Municipal Plan 2010-2020 page 10, Section 4.1: General Land Use Policies;
and page 15, Section 4.2.2: Commercial Land Use Policies.
Conditions for the Commercial Neighbourhood (CN) Zone
1. Development Standards
The development standards for this zone shall be as follows:
(1) Minimum Lot Area: the minimum lot area shall be determined in discussion with the
Authority and shall conform to the average lot area of nearby properties.
(2) Minimum Frontage: the minimum frontage shall be determined in discussion with the
Authority and shall conform to the average frontage of nearby properties.
(3) Minimum Building Line Setback: except where there is frontage on a Provincial Highway,
the minimum building setback shall be eight (8) metres or the average setback of nearby
properties, whichever is greater. Unless an exemption is granted, where there is
frontage on a Provincial Highway, the minimum setback shall be the greater of eight (8)
metres, the average setback of nearby properties, or 20 metres from the centre-line of
Highway 220 and 15 metres from the centerline of Highways 221 and 222.
(4) Minimum Side Yard Width: 5 metres (except where buildings are built with adjoining
party walls)
(5) Minimum Rear Yard Depth: 5 metres
(6) Maximum Height: 15 metres
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86
2. Access
The number of accesses to the street from non-residential uses shall be limited by, and
designed to the satisfaction of, the Authority, having regard to the safety and efficiency of the
street for both vehicles and pedestrians.
3. Accessory Buildings and Decks
In addition to Regulation 57, Part II: General Development Standards, all accessory buildings
must comply with the requirements of this section:
(1) Accessory buildings must be similar in appearance to the main building in terms
of design, colour and materials;
(2) Exclusive of cold frames, decks, gazebos, greenhouses, swimming pools and
temporary repair shelters, accessory buildings shall have a floor area of no
greater than eighty (80) percent of the dwelling lot coverage and a height no
greater than 6 metres;
(3) An open or partially enclosed deck attached to the dwelling or other building shall
not extend into the minimum permissible front yard, and shall not be closer to the
side or rear lot line than 1.5 metres; and
(4) The total lot coverage of all buildings (dwellings together with structures included
under clause (3) of these Conditions) shall not exceed 33 percent.
4. Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot or site
occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be
as follows:
(1) The size, shape, illumination and material construction of the advertisement shall
meet the requirements of the Authority, having regard to the safety and convenience
of users of adjacent streets and sidewalks, and the general amenities of the
surrounding area; and
(2) No advertisement shall exceed five (5) square metres in area.
5. Advertisements Relating to Offsite Uses (see also General Condition 2(f))
The conditions to be applied to the erection of display of an advertisement on any site, relating
to a use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(1) Each advertisement shall not exceed three (3) square metres in area;
(2) When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance
or direction to the premises to which they relate; and
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87
(3) The location, siting and illumination of each advertisement shall be to the satisfaction
of the Authority, having regard to the grade and alignment of streets, the location of
street junctions, the location of nearby buildings, and the preservation of the
amenities of the surrounding area.
6. Archaeological Sites
If an archaeological site or historical artefacts are discovered during construction, development
shall stop and the Provincial Archaeology Office (PAO) of the Department of Tourism, Culture
and Recreation consulted. Development shall not proceed until the PAO has evaluated the site.
7. Buffer
Where any proposed non-residential use abuts a residential zone or an existing dwelling unit,
the owner of the site of the non-residential development may be required to provide a buffer
strip between any non-residential building or activity and the residential zone or dwelling. The
buffer shall include the provision of grass strips, hedges, trees or shrubs or structural barriers as
may be required by the Authority, and shall be maintained by the owner or occupier to the
satisfaction of the Authority.
8. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses. In
particular, the Authority shall be satisfied that a discretionary use:
(1) Will not have a negative effect on adjacent residential uses because of noise, smoke,
dust, vibrations or unsightly appearance;
(2) Will not generate vehicle traffic to a volume that will affect residential amenity; and
(3) Will not cause unacceptable nuisance or hazard to adjacent residential uses.
9. Environmental Protection
(1) Before approving development of a site having a slope greater than fifteen (15) percent,
the Authority shall require submissions of a review of the development proposal by a
certified engineer, landscape architect, or similar professional. The review shall evaluate
the adequacy of site grading, drainage and landscaping and the potential of the
development to cause erosion onto and pollution o adjacent development and land and
bodies of water receiving run-off from the site, and other similar matters.
(2) The Authority shall ensure that the proposal is not inappropriate by reason of:
(a) Precipitating or contributing to a pollution problem in the area; or
(b) Creation of erosion and/or sedimentation.
(3) The Authority shall consider the suitability of the site in terms of steepness of grades,
soil and geographic conditions, location of watercourses, marshes, swamps, or bogs
when reviewing a development proposal.
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88
10. Home-Based Business
Medical, professional, and personal service uses, along with crafts and repairs, are permitted in
this zone, provided:
(1) the use is situated on a residential property and the primary use of the property remains
residential;
(2) the use is entirely enclosed within the dwelling and/or the accessory building and the use
does not change the appearance of the dwelling or accessory building;
(3) the floor area of the Home-Based Business does not exceed fifty (50) percent of the total
floor area of the dwelling;
(4) no outdoor activities or storage associated with the use occurs;
(5) activities associated with the use are not hazardous and do not cause significant noise,
odour, dust, fumes, traffic or inconvenience, and are not a nuisance to the occupants of
adjacent dwellings; and
(6) any retail sales are incidental and subsidiary to the approved use.
11. Landscaping and Surfacing
Non-residential lots shall be landscaped or provided with a stable surface to prevent raising or
movement of dust, clay, mud or loose particles.
12. Municipal Services
Development shall be connected to available municipal water and sewer services. Unserviced
or partially serviced development shall be approved by the Department of Government
Services.
13. Open Storage
Except for a Home Business, the Authority may permit open storage of materials and goods,
provided the following conditions are met:
(1) Open storage shall not be located in the front yard or in any required setback or buffer
areas;
(2) Open storage shall be enclosed by a wall or fence not less than two (2) metres in height
constructed of uniform materials approved by the Authority; and
(3) Open storage shall be maintained with a stable surface to prevent raising or movement
of dust, clay, mud or loose particles.
14. Parking and Loading
Adequate parking, as prescribed in Schedule D, and loading facilities shall be provided on the
site of non-residential uses for all employees; vehicles used in or associated with the activity
carried out on the site; and for vehicles of customers, clients, or other persons who visit the
establishment.
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15. Watercourse Protection
The minimum width of a buffer along a watercourse shall be fifteen (15) metres from the edge of
the stream, river, pond, or other body of water. If the embankment is steep, then the buffer shall
be measured from the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails,
marinas, wharves, and similar uses.
Subject to General Condition 2(j), the Authority or the Provincial Government may subject
development within the buffer area of a watercourse to an environmental review, and may
approve, approve subject to conditions, or refuse such development.
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90
MIXED DEVELOPMENT (MD)
PERMITTED USE CLASSES (See Reg. 109)
Apartment Building
Double Dwelling
Marina (see Condition 12)
Medical & Professional (see Condition 10)
Personal Service (see Condition 10)
Recreational Open Space
Row Dwelling
Single Dwelling
Subsidiary Apartment
DISCRETIONARY USE CLASSES(See Regs. 51 & 110)
All Use Classes in the Business or Personal Services Use Group
All Use Classes in the Mercantile Use Group (except for Shopping Centres)
Antenna
Boarding House Residential (see Condition 6)
Catering
Cemetery
Child Care
Commercial Residential
Cultural & Civic
Educational
Light Industry
Marina (see Condition 13)
Mobile Home
Personal Care Homes
Place of Worship
Service Station
Refer to Burin Municipal Plan 2010-2020 page 10, Section 4.1: General Land Use Policies;
and page 16, Section
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91
Conditions for the Mixed Development (MD) Zone
1. Access
The number of accesses to the street from non-residential uses shall be limited by, and
designed to the satisfaction of, the Authority, having regard to the safety and efficiency of the
street for both vehicles and pedestrians.
2. Accessory Buildings and Decks
In addition to Regulation 57, Part II: General Development Standards, all accessory buildings
must comply with the requirements of this section:
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92
(1) Accessory buildings must be similar in appearance to the main building in terms of
design, colour and materials;
(2) Exclusive of cold frames, decks, gazebos, greenhouses, swimming pools and temporary
repair shelters, accessory buildings shall have a floor area of no greater than eighty (80)
percent of the dwelling lot coverage and a height no greater than 6 metres;
(3) An open or partially enclosed deck attached to the dwelling or other building shall not
extend into the minimum permissible front yard, and shall not be closer to the side or
rear lot line than 1.5 metres; and
(4) The total lot coverage of all buildings (dwellings together with structures included under
clause (3) of these Conditions) shall not exceed 33 percent.
3. Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot or site
occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be
as follows:
(1) The size, shape, illumination and material construction of the advertisement shall meet
the requirements of the Authority, having regard to the safety and convenience of users
of adjacent streets and sidewalks, and the general amenities of the surrounding area;
and
(2) No advertisement shall exceed five (5) square metres in area.
4. Advertisements Relating to Offsite Uses (see also General Condition 2(f))
The conditions to be applied to the erection of display of an advertisement on any site, relating
to a use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(1) Each advertisement shall not exceed three (3) square metres in area;
(2) When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to the premises to which they relate; and
(3) The location, siting and illumination of each advertisement shall be to the satisfaction of
the Authority, having regard to the grade and alignment of streets, the location of street
junctions, the location of nearby buildins, and the preservation of the amenities of the
surrounding area.
5. Archaeological Sites
If an archaeological site or historical artefacts are discovered during construction, development
shall stop and the Provincial Archaeology Office (PAO) of the Department of
Tourism, Culture and Recreation consulted. Development shall not proceed until the PAO has
evaluated the site.
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93
6. Bed & Breakfast
The Boarding House Residential Use Class shall include Bed & Breakfasts. A Bed & Breakfast
shall be permitted as a discretionary use and shall be a single dwelling also used for the
purpose of providing temporary room and board for tourists and the travelling public under the
following conditions:
(1) The maximum number of bedrooms for guests shall be six (6);
(2) The use does not detract from the residential character of the neighbourhood and the
building in which the use takes place is similar in exterior finish, design, height, and
scale to a private dwelling;
(3) The use is carried out by a resident of the dwelling unit;
(4) The building lot shall have a minimum lot area of 600 m² and a minimum frontage of 20
metres;
(5) A non-illuminated, free-standing sign not exceeding 2.8 m² in area and a facia sign not
exceeding 0.2 m² in area shall be permitted provided that the sign is consistent with the
residential character of the area;
(6) (6) Paved parking shall be provided as required in Schedule D;
(7) A parking area abutting a residential lot shall be screened by a fence, wall or hedge not
less than one (1) metre in height and located a minimum distance of one (1) metre from
the edge of the parking area;
(8) The establishment is licensed under the Tourist Establishment Regulations, 1994, as
amended from time to time.
7. Buffer
Where any proposed non-residential use abuts a residential zone or an existing dwelling unit,
the owner of the site of the non-residential development may be required to provide a buffer
strip between any non-residential building or activity and the residential zone or dwelling. The
buffer shall include the provision of grass strips, hedges, trees or shrubs or structural barriers as
may be required by the Authority, and shall be maintained by the owner or occupier to the
satisfaction of the Authority.
8. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses. In
particular, the Authority shall be satisfied that a discretionary use:
(1) Will not have a negative effect on adjacent residential uses because of noise, smoke,
dust, vibrations or unsightly appearance;
(2) Will not generate vehicle traffic to a volume that will affect residential amenity; and
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94
(3) Will not cause unacceptable nuisance or hazard to adjacent residential uses.
9. Environmental Protection
(1) Before approving development of a site having a slope greater than fifteen (15) percent,
the Authority shall require submissions of a review of the development proposal by a
certified engineer, landscape architect, or similar professional. The review shall evaluate
the adequacy of site grading, drainage and landscaping and the potential of the
development to cause erosion onto and pollution o adjacent development and land and
bodies of water receiving run-off from the site, and other similar matters.
(2) The Authority shall ensure that the proposal is not inappropriate by reason of:
(a) Precipitating or contributing to a pollution problem in the area; or
(b) Creation of erosion and/or sedimentation.
(3) The Authority shall consider the suitability of the site in terms of steepness of grades,
soil and geographic conditions, location of watercourses, marshes, swamps, or bogs
when reviewing a development proposal.
10. Home-Based Business
Medical, professional and personal service uses, along with crafts and repairs, are permitted in
this Zone on a residential property, provided:
(1) The use is situated on a residential property and the primary use of the property remains
residential;
(2) The use is entirely enclosed within the dwelling and/or the accessory building and the
use does not change the appearance of the dwelling or accessory building;
(3) The floor area of the Home-Based Business does not exceed fifty (50) percent of the
total floor area of the dwelling;
(4) No outdoor activities or storage associated with the use occurs;
(5) Activities associated with the use are not hazardous and do not cause significant noise,
odour, dust, fumes, traffic or inconvenience, and are not a nuisance to the occupants of
adjacent dwellings; and
(6) Any retail sales are incidental and subsidiary to the approved use.
11. Landscaping and Surfacing
Non-residential lots shall be landscaped or provided with a stable surface to prevent raising or
movement of dust, clay, mud or loose particles.
12. Marinas - Permitted Uses
A marina shall be permitted in this zone provided that it is compatible with the residential area. A
marina can include a wharf and stage with an associated boat haul-out, but it does not include a
commercial facility for the repair, maintenance or servicing of vessels or ancillary commercial
uses - whether or not such a facility is operated by a non-profit organization.
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95
13. Marinas - Discretionary Uses
All or part of a marina as set out under Schedules A and B of these Regulations may be
permitted as a discretionary use, provided that it is compatible with nearby residential uses,
services, and accesses are adequate for the use, and provided that, if necessary, suitable
buffers and/or screening between this use and nearby residential uses is provided.
14. Municipal Services
Development shall be connected to available municipal water and sewer services. Unserviced
or partially serviced development shall be approved by the Department of Government
Services.
15. Open Storage
Excepting a Home-Based Business, the Authority may permit open storage of materials and
goods, provided the following conditions are met:
(1) Open storage shall not occupy more than fifty (50) percent of the site area and shall not
be located in the front yard or in any required setback or buffer areas;
(2) Open storage shall be enclosed by a wall or fence not less than two (2) metres in height
constructed of uniform materials approved by the Authority; and
(3) Open storage shall be maintained with a stable surface to prevent raising or movement
of dust, clay, mud or loose particles.
16. Parking and Loading
Adequate parking, as prescribed in Schedule D, and loading facilities shall be provided on the
site of non-residential uses for all employees; vehicles used in or associated with the activity
carried out on the site; and for vehicles of customers, clients, or other persons who visit the
establishment.
However, in an existing built-up area, the Authority may modify the parking requirement if it is
satisfied that there is no negative impact on nearby uses.
17. Watercourse Protection
The minimum width of a buffer along a watercourse shall be fifteen (15) metres from the edge of
the stream, river, pond, or other body of water. If the embankment is steep, then the buffer shall
be measured from the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails,
marinas, wharves, and similar uses.
Subject to General Condition 2(j), the Authority or the Provincial Government may subject
development within the buffer area of a watercourse to an environmental review, and may
approve, approve subject to conditions, or refuse such development.
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96
GENERAL INDUSTRIAL (GI)
PERMITTED USE CLASSES (See Reg. 109)
Antenna
Light Industry
DISCRETIONARY USE CLASSES(See Regs. 51 & 110)
All Use Classes in Business & Personal Service Use Group
Catering
Child Care
General Industry
Passenger Assembly
Recreational Open Space
Service Station
Shop
Transportation
Refer to Burin Municipal Plan 2010-2020 page 10, Section 4.1: General Land Use Policies;
and page 17, Section 4.2.4: Industrial Land Use Policies.
Conditions for the General Industrial (GI) Zone
1. Development Standards
The development standards for this zone shall be as follows:
(1) Minimum Lot Area: the minimum lot area shall be determined in discussion with the
Authority and shall conform to the average lot area of nearby properties.
(2) Minimum Building Line Setback: except where there is frontage on a Provincial
Highway, the minimum building setback shall be ten (10) metres. Unless an
exemption is granted, where there is frontage on a Provincial Highway, the minimum
setback shall be the greater of ten (10) metres or 20 metres from the centre-line of
Highway 220 and 15 metres from the centre-line of Highways 221 and 222.
(3) Minimum Side Yard Width: 5 metres
(4) Minimum Rear Yard Depth: 15 metres
(5) Maximum Height: 15 metres
(6) Minimum Frontage: 35 metres
(7) Maximum Lot Coverage: 33%
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97
2. Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot or site
occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be
as follows:
(1) The size, shape, illumination and material construction of the advertisement shall meet
the requirements of the Authority, having regard to the safety and convenience of users
of adjacent streets and sidewalks, and the general amenities of the surrounding area;
and
(2) No advertisement shall exceed five (5) square metres in area.
3. Advertisements Relating to Offsite Uses (see also General Condition 2(f))
The conditions to be applied to the erection of display of an advertisement on any site, relating
to a use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(1) Each advertisement shall not exceed three (3) square metres in area;
(2) When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to the premises to which they relate; and
(3) The location, siting and illumination of each advertisement shall be to the satisfaction of
the Authority, having regard to the grade and alignment of streets, the location of street
junctions, the location of nearby buildings, and the preservation of the amenities of the
surrounding area.
4. Archaeological Sites
If an archaeological site or historical artefacts are discovered during construction, development
shall stop and the Provincial Archaeology Office (PAO) of the Department of Tourism, Culture
and Recreation consulted. Development shall not proceed until the PAO has evaluated the site.
5. Buffer
Where any proposed non-residential use abuts a residential zone or an existing dwelling unit,
the owner of the site of the non-residential development may be required to provide a buffer
strip between any non-residential building or activity and the residential zone or dwelling. The
buffer shall include the provision of grass strips, hedges, trees or shrubs or structural barriers as
may be required by the Authority, and shall be maintained by the owner or occupier to the
satisfaction of the Authority.
6. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses.
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98
7. Environmental Protection
(1) Before approving development of a site having a slope greater than fifteen (15) percent,
the Authority shall require submissions of a review of the development proposal by a
certified engineer, landscape architect, or similar professional. The review shall evaluate
the adequacy of site grading, drainage and landscaping and the potential of the
development to cause erosion onto and pollution o adjacent development and land and
bodies of water receiving run-off from the site, and other similar matters.
(2) The Authority shall ensure that the proposal is not inappropriate by reason of:
(a) Precipitating or contributing to a pollution problem in the area; or
(b) Creation of erosion and/or sedimentation.
(3) The Authority shall consider the suitability of the site in terms of steepness of grades,
soil and geographic conditions, location of watercourses, marshes, swamps, or bogs
when reviewing a development proposal.
8. Landscaping and Surfacing
Non-residential lots shall be landscaped or provided with a stable surface to prevent raising or
movement of dust, clay, mud or loose particles.
9. Municipal Services
Development shall be connected to available municipal water and sewer services. Unserviced
or partially serviced development shall be approved by the Department of Government
Services.
10. Open Storage
Except for a Home Business, the Authority may permit open storage of materials and goods,
provided the following conditions are met:
(1) Open storage shall not be located in the front yard or in any required setback or
buffer areas;
(2) Open storage shall be enclosed by a wall or fence not less than two (2) metres in
height constructed of uniform materials approved by the Authority; and
(3) Open storage shall be maintained with a stable surface to prevent raising or
movement of dust, clay, mud or loose particles.
11. Parking and Loading
Adequate parking, as prescribed in Schedule D, and loading facilities shall be provided on the
site of non-residential uses for all employees; vehicles used in or associated with the activity
carried out on the site; and for vehicles of customers, clients, or other persons who visit the
establishment.
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99
12. Storage of Flammable Liquids
All uses and structures for the onsite bulk storage of flammable liquids shall conform to the
requirements of the Provincial Fire Commissioner and shall be surrounded by such buffers and
landscaping as the Authority may require in order to prevent damage to adjacent uses by fire,
explosion or spillage of flammable liquids.
13. Watercourse Protection
The minimum width of a buffer along a watercourse shall be fifteen (15) metres from the edge of
the stream, river, pond, or other body of water. If the embankment is steep, then the buffer shall
be measured from the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails,
marinas, wharves, and similar uses.
Subject to General Condition 2(j), the Authority or the Provincial Government may subject
development within the buffer area of a watercourse to an environmental review, and may
approve, approve subject to conditions, or refuse such development.
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100
PUBLIC (P)
PERMITTED USE CLASSES (See Reg. 109)
Apartment Building
Collective Residential
Educational
Funeral Home
General Assembly
Indoor Assembly
Light Industry
Medical & Professional
Medical Treatment & Special Care
Office
Outdoor Assembly
Recreational Open Space
DISCRETIONARY USE CLASSES(See Regs. 51 & 110)
Antenna
Catering
Club & Lodge
Convenience Store
Refer to Burin Municipal Plan 2010-2020 page 10, Section 4.1: General Land Use Policies;
and page 17, Section 4.2.5: Public Land Use Policies.
Conditions for the Public (P) Zone
1. Development Standards
The development standards for this zone shall be as follows:
(1) Minimum Lot Area: the minimum lot area shall be determined in discussion with the
Authority and shall conform to the average lot area of nearby properties.
(2) Minimum Frontage: the minimum frontage shall be determined in discussion with the
Authority and shall conform to the average frontage of nearby properties.
(3) Minimum Building Line Setback: except where there is frontage on a Provincial Highway,
the minimum building setback shall be ten (10) metres. Unless an exemption is granted,
where there is frontage on a Provincial Highway, the minimum setback shall be the
greater of ten (10) metres or twenty (20) metres from the centre-line of Highway 220 and
fifteen (15) metres from the centre-line of Highways 221 and 222.
(4) Minimum Side Yard Width: 5 metres
(5) Minimum Rear Yard Depth: 15 metres
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101
(6) Maximum Height: 15 metres
2. Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot or site
occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be
as follows:
(1) The size, shape, illumination and material construction of the advertisement shall meet
the requirements of the Authority, having regard to the safety and convenience of users
of adjacent streets and sidewalks, and the general amenities of the surrounding area;
and
(2) No advertisement shall exceed five (5) square metres in area.
3. Advertisements Relating to Offsite Uses (see also General Condition 2(f))
The conditions to be applied to the erection of display of an advertisement on any site, relating
to a use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(1) Each advertisement shall not exceed three (3) square metres in area;
(2) When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to the premises to which they relate; and
(3) The location, siting and illumination of each advertisement shall be to the satisfaction of
the Authority, having regard to the grade and alignment of streets, the location of street
junctions, the location of nearby buildings, and the preservation of the amenities of the
surrounding area.
4. Archaeological Sites
If an archaeological site or historical artefacts are discovered during construction, development
shall stop and the Provincial Archaeology Office (PAO) of the Department of Tourism, Culture
and Recreation consulted. Development shall not proceed until the PAO has evaluated the site.
5. Buffer
Where any proposed non-residential use abuts a residential zone or an existing dwelling unit,
the owner of the site of the non-residential development may be required to provide a buffer
strip between any non-residential building or activity and the residential zone or dwelling. The
buffer shall include the provision of grass strips, hedges, trees or shrubs or structural barriers as
may be required by the Authority, and shall be maintained by the owner or occupier to the
satisfaction of the Authority.
6. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
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102
Authority provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses.
7. Environmental Protection
(1) Before approving development of a site having a slope greater than fifteen (15) percent,
the Authority shall require submissions of a review of the development proposal by a
certified engineer, landscape architect, or similar professional. The review shall evaluate
the adequacy of site grading, drainage and landscaping and the potential of the
development to cause erosion onto and pollution o adjacent development and land and
bodies of water receiving run-off from the site, and other similar matters.
(2) The Authority shall ensure that the proposal is not inappropriate by reason of:
(a) Precipitating or contributing to a pollution problem in the area; or
(b) Creation of erosion and/or sedimentation.
(3) The Authority shall consider the suitability of the site in terms of steepness of grades,
soil and geographic conditions, location of watercourses, marshes, swamps, or bogs
when reviewing a development proposal.
8. Landscaping and Surfacing
Non-residential lots shall be landscaped or provided with a stable surface to prevent raising or
movement of dust, clay, mud or loose particles.
9. Municipal Services
Development shall be connected to available municipal water and sewer services. Unserviced
or partially serviced development shall be approved by the Department of Government
Services.
10. Parking and Loading
Adequate parking, as prescribed in Schedule D, and loading facilities shall be provided on the
site of non-residential uses for all employees; vehicles used in or associated with the activity
carried out on the site; and for vehicles of customers, clients, or other persons who visit the
establishment.
11. Watercourse Protection
The minimum width of a buffer along a watercourse shall be fifteen (15) metres from the edge of
the stream, river, pond, or other body of water. If the embankment is steep, then the buffer shall
be measured from the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails,
marinas, wharves, and similar uses.
Subject to General Condition 2(j), the Authority or the Provincial Government may subject
development within the buffer area of a watercourse to an environmental review, and may
approve, approve subject to conditions, or refuse such development.
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103
PUBLIC UTILITY (PU)
PERMITTED USE CLASSES (See Reg. 109)
N/A
DISCRETIONARY USE CLASSES(See Regs. 51 & 110)
Antenna
General Industry (see Condition 6)
Refer to Burin Municipal Plan 2010-2020 page 10, Section 4.1: General Land Use Policies;
and page 18, Section 4.2.6: Public Utility Land Use Policies.
Conditions for the Public Utility (PU) Zone
1. Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot or site
occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be
as follows:
(1) The size, shape, illumination and material construction of the advertisement shall
meet the requirements of the Authority, having regard to the safety and convenience of
users of adjacent streets and sidewalks, and the general amenities of the surrounding
area; and
(2) No advertisement shall exceed five (5) square metres in area.
2. Advertisements Relating to Offsite Uses (see also General Condition 2(f))
The conditions to be applied to the erection of display of an advertisement on any site, relating
to a use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(1) Each advertisement shall not exceed three (3) square metres in area;
(2) When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature of
the distance or direction to the premises to which they relate; and
(3) The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of streets,
the location of street junctions, the location of nearby buildings, and the
preservation of the amenities of the surrounding area.
3. Archaeological Sites
If an archaeological site or historical artefacts are discovered during construction, development
shall stop and the Provincial Archaeology Office (PAO) of the Department of Tourism, Culture
and Recreation consulted. Development shall not proceed until the PAO has evaluated the site.
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104
4. Buffer
Where any proposed non-residential use abuts a residential zone or an existing dwelling unit,
the owner of the site of the non-residential development may be required to provide a buffer
strip between any non-residential building or activity and the residential zone or dwelling. The
buffer shall include the provision of grass strips, hedges, trees or shrubs or structural barriers as
may be required by the Authority, and shall be maintained by the owner or occupier to the
satisfaction of the Authority.
5. Environmental Protection
(1) Before approving development of a site having a slope greater than fifteen (15) percent,
the Authority shall require submissions of a review of the development proposal by a
certified engineer, landscape architect, or similar professional. The review shall evaluate
the adequacy of site grading, drainage and landscaping and the potential of the
development to cause erosion onto and pollution o adjacent development and land and
bodies of water receiving run-off from the site, and other similar matters.
(2) The Authority shall ensure that the proposal is not inappropriate by reason of:
(a) Precipitating or contributing to a pollution problem in the area; or
(b) Creation of erosion and/or sedimentation.
(3) The Authority shall consider the suitability of the site in terms of steepness of grades,
soil and geographic conditions, location of watercourses, marshes, swamps, or bogs
when reviewing a development proposal.
6. General Industry
The only General Industry uses permitted in this Zone are those pertaining to public utilities -
such as water supply and sewerage, sewage treatment, the transmission of electricity, and
similar uses.
7. Landscaping and Surfacing
Non-residential lots shall be landscaped or provided with a stable surface to prevent raising or
movement of dust, clay, mud or loose particles.
8. Parking and Loading
Adequate parking, as prescribed in Schedule D, and loading facilities shall be provided on the
site of non-residential uses for all employees; vehicles used in or associated with the activity
carried out on the site; and for vehicles of customers, clients, or other persons who visit the
establishment.
9. Watercourse Protection
The minimum width of a buffer along a watercourse shall be fifteen (15) metres from the edge of
the stream, river, pond, or other body of water. If the embankment is steep, then the buffer shall
be measured from the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails,
marinas, wharves, and similar uses.
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105
Subject to General Condition 2(j), the Authority or the Provincial Government may subject
development within the buffer area of a watercourse to an environmental review, and may
approve, approve subject to conditions, or refuse such development.
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106
OPEN SPACE (OS)
PERMITTED USE CLASSES (See Reg. 109)
Recreational Open Space
DISCRETIONARY USE CLASSES(See Regs. 51 & 110)
Antenna
Campground (see Condition 3)
Cemeteries
General Assembly
Indoor Assembly
Marinas (see Condition 6)
Mineral Working (see Condition 7)
Outdoor Assembly
Refer to Burin Municipal Plan 2010-2020 page 10, Section 4.1: General Land Use Policies;
and page 19, Section 4.2.7: Open Space Land Use Policies.
Conditions for the Open Space (OS) Zone
1. Archaeological Sites
If an archaeological site or historical artefacts are discovered during construction, development
shall stop and the Provincial Archaeology Office (PAO) of the Department of
Tourism, Culture and Recreation consulted. Development shall not proceed until the PAO has
evaluated the site.
2. Buffer
Where any proposed non-residential use abuts a residential zone or an existing dwelling unit,
the owner of the site of the non-residential development may be required to provide a buffer
strip between any non-residential building or activity and the residential zone or dwelling. The
buffer shall include the provision of grass strips, hedges, trees or shrubs or structural barriers as
may be required by the Authority, and shall be maintained by the owner or occupier to the
satisfaction of the Authority.
3. Campground
(1) A campground may only be permitted as a discretionary use provided a plan of the
development is submitted in a format satisfactory to Council, showing and specifying:
(a) camping sites - location and sizes;
(b) roads and accesses;
(c) parking areas;
(d) accessory uses, such as laundry facilities, storage areas, showers, snack-bar,
and convenience stores and the caretaker residence, and any building or facility
accessory to the campground facility;
(e) water supply and waste disposal services;
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(f) landscaping;
(g) buffers and screening between the campground and existing and future
residential development;
(h) the land to be developed on legal survey prepared by a Newfoundland Land
Surveyor;
(i) where deemed necessary by the Town, a phasing plan of the campground.
(2) Commercial uses, washroom facilities, laundromats and similar facilities, and parking
areas and recreational areas shall not be located adjacent to residential areas and shall
only be accessed by the internal road network of the campground;
(3) All sites shall only be accessed by the internal road network of the campground;
(4) A vegetated buffer and/or a suitable screen fence as approved by Council may be
provided where the development is adjacent to a public road and/or a present or future
residential neighbourhood;
(5) Where deemed necessary by the Town, a deposit sufficient to cover the cost of the
buffer and screening shall be deposited with the Town, and then subsequently returned
by the Town upon satisfactory completion of the work or used by the Town to complete
the work in accordance with the approved plan;
(6) The permit for a campground shall specify the maximum number of units and sites - in
the form of tents, recreational vehicles, and so forth - that may be accommodated on the
site at any one time. This number shall not be exceeded; and
(7) Any expansion or alteration to a campground shall be subject to review by Council and,
except for repairs and maintenance, shall be treated as a discretionary use application.
4. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses.
5. Environmental Protection
(1) Before approving development of a site having a slope greater than fifteen (15)
percent, the Authority shall require submissions of a review of the development proposal
by a certified engineer, landscape architect, or similar professional. The review shall
evaluate the adequacy of site grading, drainage and landscaping and the potential of the
development to cause erosion onto and pollution o adjacent development and land and
bodies of water receiving run-off from the site, and other similar matters.
(2) The Authority shall ensure that the proposal is not inappropriate by reason of:
a. Precipitating or contributing to a pollution problem in the area; or
b. Creation of erosion and/or sedimentation.
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(3) The Authority shall consider the suitability of the site in terms of steepness of grades,
soil and geographic conditions, location of watercourses, marshes, swamps, or bogs
when reviewing a development proposal.
6. Marinas
All or part of a marina as set out under Schedules A and B of these Regulations may be
permitted as a discretionary use, provided that it is compatible with nearby residential uses,
services, and accesses are adequate for the use, and provided that, if necessary, suitable
buffers and/or screening between this use and nearby residential uses is provided.
7. Mineral Exploration
The only activity or use under the Mineral Working class that may be approved is Mineral
Exploration, and this is subject to the following conditions:
(1) the developer shall submit a detailed plan of exploration, which includes all access roads
and drill sites, buffers around environmentally-sensitive areas and recreational areas,
together with a site remediation plan prepared by a professional landscape architect;
(2) the developer shall deposit with the Town a sum of money (not a performance bond) in
the form of a certified cheque or cash - sufficient to cover the cost of the remediation,
which shall be returned upon satisfaction of the terms of the permit and the remediation
plan;
(3) no exploration activity involving drilling or any structures or heavy equipment shall be
permitted closer than 300 metres to a residential development or residential or mixed
development zone;
(4) no activity related to mineral exploration shall be permitted in or adjacent to
environmentally sensitive areas, and/or in areas set aside for open space recreational
use - such as trails, lookouts, an parks;
(5) all other government permits shall be obtained from the Department of Mines and
Energy, Environment and Labour, Government Services and Lands, and others as
needed - and the Authority shall from time to time request that inspections be carried
out by the relevant departments and that the results of these inspections be filed with the
Authority; and
(6) retention of the permit for mineral exploration shall be conditional upon satisfactory
compliance with Town and Provincial requirements.
8. Watercourse Protection
The minimum width of a buffer along a watercourse shall be fifteen (15) metres from the edge of
the stream, river, pond or other body of water. If the embankment is steep, then the buffer shall
be measured from the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails,
marinas, wharves, and similar uses.
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Subject to General Condition 2(j), the Authority or the Provincial Government may subject
development within the buffer area of a watercourse to an environmental review, and may
approve, approve subject to conditions, or refuse such development.
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110
RURAL (RU)
PERMITTED USE CLASSES (See Reg. 109)
Agriculture
Forestry
Marina (see Condition 7)
Recreational Open Space
Seasonal Residential (see Condition 11)
DISCRETIONARY USE CLASSES(See Regs. 51 & 110)
Animal
Antenna
Cemeteries
General Industry (see Condition 6)
Mineral Working (see Condition 8)
Seasonal Residential (see Condition 10)
Single Dwelling
Veterinary
Refer to Burin Municipal Plan 2010-2020 page 10, Section 4.1: General Land Use Policies;
and page 19, Section 4.2.8: Resource Land Use Policies.
Conditions for the Rural (RU) Zone
1. Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot or site
occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be
as follows:
(1) The size, shape, illumination and material construction of the advertisement shall meet
the requirements of the Authority, having regard to the safety and convenience of users
of adjacent streets and sidewalks, and the general amenities of the surrounding area;
and
(2) No advertisement shall exceed five (5) square metres in area.
2. Advertisements Relating to Offsite Uses (see also General Condition 2(f))
The conditions to be applied to the erection of display of an advertisement on any site, relating
to a use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(1) Each advertisement shall not exceed three (3) square metres in area;
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(2) When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance
or direction to the premises to which they relate; and
(3) The location, siting and illumination of each advertisement shall be to the satisfaction
of the Authority, having regard to the grade and alignment of streets, the location of
street junctions, the location of nearby buildings, and the preservation of the
amenities of the surrounding area.
3. Archaeological Sites
If an archaeological site or historical artefacts are discovered during construction, development
shall stop and the Provincial Archaeology Office (PAO) of the Department of
Tourism, Culture and Recreation consulted. Development shall not proceed until the PAO has
evaluated the site.
4. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses.
5. Environmental Protection
(1) Before approving development of a site having a slope greater than fifteen (15) percent,
the Authority shall require submissions of a review of the development proposal by a
certified engineer, landscape architect, or similar professional. The review shall evaluate
the adequacy of site grading, drainage and landscaping and the potential of the
development to cause erosion onto and pollution o adjacent development and land and
bodies of water receiving run-off from the site, and other similar matters.
(2) The Authority shall ensure that the proposal is not inappropriate by reason of:
(a) Precipitating or contributing to a pollution problem in the area; or
(b) Creation of erosion and/or sedimentation.
(3) The Authority shall consider the suitability of the site in terms of steepness of grades,
soil and geographic conditions, location of watercourses, marshes, swamps, or bogs
when reviewing a development proposal.
6. General Industry
(1) General industry is not permitted as a discretionary use on Burin, Pardy and Shallow
Islands.
(2) General industry shall be restricted to the maintenance and repair of equipment,
processing and storage related to agriculture, forestry or mineral working uses, or to
those unsuitable to sites adjacent to urban uses. Examples of the latter are industrial
uses involving hazardous substances such as bulk fuel storage; requiring large lots; or
featuring outdoor activities such as heavy equipment storage or maintenance.
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(3) Unless the Authority is satisfied that the general industry use will not create a nuisance
and will not adversely affect the amenity of the surrounding area, the Authority shall
require the provision of buffering by the developer to the satisfaction of the Authority.
7. Marinas
All or part of a marina as set out under Schedules A and B of these Regulations may be
permitted as a discretionary use, provided that it is compatible with nearby residential uses,
services, and accesses are adequate for the use, and provided that, if necessary, suitable
buffers and/or screening between this use and nearby residential uses is provided.
8. Mineral Exploration
The only activity or use under the Mineral Working class that may be approved is Mineral
Exploration, and this is subject to the following conditions:
(1) No mineral working or exploration is permitted on Burin, Shalloway, and Pardy Islands;
(2) The developer shall submit a detailed plan of exploration, which includes all access
roads and drill sites, buffers around environmentally-sensitive areas and recreational
areas, together with a site remediation plan prepared by a professional landscape
architect;
(3) The developer shall deposit with the Town a sum of money (not a performance bond) in
the form of a certified cheque or cash - sufficient to cover the cost of the remediation,
which shall be returned upon satisfaction of the terms of the permit and the remediation
plan;
(4) No exploration activity involving drilling or any structures or heavy equipment shall be
permitted closer than 300 metres to a residential development or residential or mixed
development zone;
(5) No activity related to mineral exploration shall be permitted in or adjacent to
environmentally sensitive areas, and/or in areas set aside for open space recreational
use - such as trails, lookouts, and parks;
(6) All other government permits shall be obtained from the Department of Natural
Resources, Environment and Conservation, Government Services, and others as
needed - and the Authority shall from time to time request that inspections be carried
out by the relevant departments and that the results of these inspections be filed with the
Authority; and
(7) Retention of the permit for mineral exploration shall be conditional upon satisfactory
compliance with Town and Provincial requirements.
9. Productive Forest
On lands deemed Productive Forest, the Authority shall consult with the Forestry and
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113
Agrifoods Agency of the Department of Natural Resources before approving any development.
In areas identified as Productive Forest, uses shall be restricted to forestry and forestry-related
industrial uses.
10. Seasonal Residential
Seasonal residential single dwellings may be permitted as a discretionary use provided that the
Authority is satisfied that:
(1) such use will not conflict with the use of nearby parcels of land for resource
development;
(2) the seasonal residential use conforms to the same standards as listed in the Residential
Seasonal (RS) Zone;
(3) there is suitable access and waste disposal service; and
(4) The seasonal residence or cottage will not be used as a year-round place of residence.
11. Seasonal Residential - Burin, Shalloway, and Pardy Islands
Notwithstanding Condition 9, Seasonal Residential is a permitted use on the Burin, Shalloway,
and Pardy Islands, provided that the Authority is satisfied that such use will not conflict with the
use of nearby parcels of land for resource development, and provided that there is suitable
access and waste disposal service.
12. Single Dwelling
Single dwellings may be permitted only as an accessory structure to a permitted or an approved
discretionary use after two years of operation.
13. Watercourse Protection
The minimum width of a buffer along a watercourse shall be fifteen (15) metres from the edge of
the stream, river, pond or other body of water. If the embankment is steep, then the buffer shall
be measured from the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails,
marinas, wharves, and similar uses.
Subject to General Condition 2(j), the Authority or the Provincial Government may subject
development within the buffer area of a watercourse to an environmental review, and may
approve, approve subject to conditions, or refuse such development.
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114
MINERAL WORKING (MW)
PERMITTED USE CLASSES (See Reg. 109)
Mineral Workings
DISCRETIONARY USE CLASSES(See Regs. 51 & 110)
Agriculture
Antenna
Forestry
Recreational Open Space
Refer to Burin Municipal Plan 2010-2020 page 10, Section 4.1: General Land Use Policies;
and page 19, Section 4.2.8: Resource Land Use Policies.
Conditions for the Mineral Workings (MW) Zone
1. Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot or site
occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be
as follows:
(1) The size, shape, illumination and material construction of the advertisement shall
meet the requirements of the Authority, having regard to the safety and convenience of
users of adjacent streets and sidewalks, and the general amenities of the surrounding
area; and
(2) No advertisement shall exceed five (5) square metres in area.
2. Advertisements Relating to Offsite Uses (see also General Condition 2(f))
The conditions to be applied to the erection of display of an advertisement on any site, relating
to a use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(1) Each advertisement shall not exceed three (3) square metres in area;
(2) When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature of
the distance or direction to the premises to which they relate; and
(3) The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of streets,
the location of street junctions, the location of nearby buildings, and the
preservation of the amenities of the surrounding area.
3. Archaeological Sites
If an archaeological site or historical artefacts are discovered during construction, development
shall stop and the Provincial Archaeology Office (PAO) of the Department of
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Tourism, Culture and Recreation consulted. Development shall not proceed until the PAO has
evaluated the site.
4. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses.
5. Mineral Working
All applications for any mineral working shall be subject to review and approval by the
Department of Natural Resources. Approval from the Minister of Environment and
Conservation must be received before the mineral workings proceeds in or adjacent to the
buffer of a watercourse.
(1) Separation from Adjacent Uses: Unless the Authority is satisfied that the mineral
working will not create a nuisance and will not adversely affect the amenity of the
specified development or natural feature, no mineral working shall be located closer than
the minimum distances set out below to the specified development or natural feature:
(2) Screening: A mineral working shall be screened in the following manner where it is
visible from a public street or highway, developed area, or area likely to be
developed during the life of the use:
(a) Where tree screens exist between the mineral working and adjacent public
highways and streets or other land uses (excepting forestry and agriculture), the
tree screens shall be retained in thirty (30) metre wide strip of vegetation so that
visibility of any part of the use from the surrounding uses or streets will be
prevented. The tree screens must be maintained by the owner or occupier of the
use to retain thirty (30) metres in forested appearance. Where vegetation dies or
is removed from the thirty (30) metre strip, the Authority may require new trees of
a minimum height of one (1) metre to be planted to fill in the areas affected to the
satisfaction of the Authority or, at the discretion of the Authority, section 2b of this
Condition must be undertaken.
(b) Where no tree screens exist of sufficient width and density to constitute a visual
screen, earthen berms shall be constructed to a height sufficient to prevent
visibility of any part of the mineral working from adjacent uses (except forestry
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116
and agriculture), or adjacent public highways and streets. The berms shall be
landscaped to the Authority's satisfaction.
(c) Where natural topography creates a visual screen between mineral workings and
adjacent public highways and streets or other land uses (excepting forestry and
agriculture), additional screening may not be required.
(d) Where effective screening for any mineral working or associated processing or
manufacturing use cannot be installed or located as required in (a), (b), or (c)
above, the Authority may refuse to permit the use or associated activity.
(3) Fencing: The Authority may require the mineral working site or excavated areas of a
pit or quarry working to be enclosed by a fence designed and constructed to its
specifications and no less than two (2) metres in height.
(4) Water Pollution: No mineral workings or associated storm or sanitary drainage shall
unacceptably reduce the quality of water in any body of water or watercourse. Any
access road to a pit or quarry working which crosses a brook or stream shall be
bridged or culverted at the crossing in accordance with the Regulations of the
Department of Environment and Conservation.
(5) Water Ponding: No mineral working or associated storm or sanitary drainage shall
unacceptably reduce the quality of water in any body of water or watercourse. Any
access road to a pit or quarry working which crosses a brook or stream shall be
bridged or culverted at the crossing in accordance with the Regulations of the
Department of Environment and Conservation.
(6) Erosion Control: No mineral working shall be carried out in a manner so as to
cause erosion of adjacent land.
(7) Site Maintenance: The mineral working shall be kept clean of refuse, abandoned
vehicles, and abandoned equipment and any derelict buildings.
(8) Access Roads: During extended periods of shutdown, access roads to a mineral
working shall be ditched or barred to the satisfaction of the Authority.
(9) Stockpiling, Cover Material: All stumps, organic material and topsoil, including the
rusty-coloured and iron-stained layer, shall be stripped and stockpiled at least five (5)
metres from active quarry or stockpile areas. The owner or operator shall ensure that
the quality of the topsoil is not affected by dilution with other materials.
(10)
Operating Plant & Associated Processing and Manufacturing:
(a)
The Authority may permit processing and manufacturing uses associated
with mineral workings provided that, in the opinion of the Authority, the
use does not create a nuisance, nor is liable to become a nuisance or
offensive by the creation of noise or vibration, or by reason of the
emission of fumes, dust, dirt, objectionable odour, or by reason of
unsightly storage of materials.
(b)
All permanent or temporary buildings, plants and structures associated
with processing and manufacturing will be located so as not to interfere
with the present or future extraction of aggregate resources.
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(c)
The Authority may specify a minimum separation distance between
operating plant or associated processing and manufacturing structure or
equipment and adjacent developed areas likely to be developed during
the life of the mineral working.
(11)
Termination and Site Rehabilitation:
(a)
Upon completion of the mineral working, the following work shall be carried out
by the operation:
(i)
All buildings, machinery and equipment shall be removed.
(ii)
All pit and quarry slopes shall be graded to slopes less than 20 degrees,
or to the slope conforming to that existing prior to the mineral working.
(iii)
Topsoil and any organic materials shall be re-spread over the entire
quarried area.
(iv)
The access road to the working shall be ditched or barred to the
satisfaction of the Authority.
(b)
If the mineral working contains reserves of material sufficient to support further
extraction operations, the Authority may require the work described above to be
carried out only in areas of the site where extraction has depleted aggregate
reserves.
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118
ENVIRONMENTAL PROTECTION (EP)
PERMITTED USE CLASSES (See Reg. 109)
Conservation
DISCRETIONARY USE CLASSES (See Regs. 51 & 110)
Agriculture
Antenna
Forestry
Marinas
Mineral Workings (see Condition 4)
Recreational Open Space
Transportation (see Condition 5)
Refer to Burin Municipal Plan 2010-2020 page 10, Section 4.1: General Land Use Policies;
and page 19, Section 4.2.8: Resource Land Use Policies.
Conditions for the Environmental Protection (EP) Zone
1. Archaeological Sites
If an archaeological site or historical artefacts are discovered during construction, development
shall stop and the Provincial Archaeology Office (PAO) of the Department of
Tourism, Culture and Recreation consulted. Development shall not proceed until the PAO has
evaluated the site.
2. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses.
3. Forestry
Cutting and harvesting of trees is permitted by selective cutting means.
4. Mineral Exploration
The only activity or use under the Mineral Working class that may be approved is Mineral
Exploration, and this is subject to the following conditions:
(1)
the developer shall submit a detailed plan of exploration, which includes all
access roads and drill sites, buffers around environmentally-sensitive areas and
recreational areas, together with a site remediation plan prepared by a
professional landscape architect;
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(2)
the developer shall deposit with the Town a sum of money (not a performance
bond) in the form of a certified cheque or cash - sufficient to cover the cost of the
remediation, which shall be returned upon satisfaction of the terms of the permit
and the remediation plan;
(3)
no exploration activity involving drilling or any structures or heavy equipment
shall be permitted closer than 300 metres to a residential development or
residential or mixed development zone;
(4)
no activity related to mineral exploration shall be permitted in or adjacent to
environmentally sensitive areas, and/or in areas set aside for open space
recreational use - such as trails, lookouts, an parks;
(5)
all other government permits shall be obtained from the Department of Natural
Resources, Environment and Conservation, Government Services, and others as
needed - and the Authority shall from time to time request that inspections be
carried out by the relevant departments and that the results of these inspections
be filed with the Authority; and
(6)
retention of the permit for mineral exploration shall be conditional upon
satisfactory compliance with Town and Provincial requirements.
5. Transportation
Transportation uses within this zone are limited to harbour-related structures and uses.
6. Watercourse Protection
The minimum width of a buffer along a watercourse shall be fifteen (15) metres from the edge of
the stream, river, pond or other body of water. If the embankment is steep, then the buffer shall
be measured from the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails,
marinas, wharves, and similar uses.
Subject to General Condition 2(j), the Authority or the Provincial Government may subject
development within the buffer area of a watercourse to an environmental review, and may
approve, approve subject to conditions, or refuse such development.
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120
PROTECTED WATER SUPPLY (PWS)
PERMITTED USE CLASSES (See Reg. 109)
Conservation
DISCRETIONARY USE CLASSES(See Regs. 51 & 110)
Agriculture
Mineral Working
Refer to Burin Municipal Plan 2010-2020 page 10, Section 4.1: General Land Use Policies;
and page 23, Section 4.2.9: Protected Water Supply Land Use Policies.
Conditions for the Protected Water Supply (PWS) Zone
1. General Conditions and Referrals
In addition to any other approvals or requirements by the Authority, all development in this zone
shall be subject to the approval of the Minister of Environment.
Conditions 1, 2, 3, 4 and 5 are based upon Department of Environment and Conservation
Policy Directive W.R. 95-01 - Water Resources Management Division, slightly modified.
(1) Existing resource development and other activities will be allowed to continue unless it is
established that these are impairing water quality or have potential to impair water
quality.
(2) The Minister of Environment may require proponents of existing activities, which have
potential to impair water quality, to obtain his/her approval.
(3) No development shall be carried out in a designated area except in accordance with this
policy.
(4) No person shall carry out any development in a designated area without obtaining prior
approval in writing from the Minister.
2. Activities Not Permitted in a Designated Area
Although they may be associated with anyone of the Permitted or Discretionary Uses, the
following activities shall not be permitted in the Protected Water Supply:
(1) Placing, depositing or discharging, or permitting the placing, depositing or discharging
into a body of water any sewage, refuse, chemicals, municipal and industrial wastes, or
any other material which impairs or has potential to impair water quality;
(2) Using an intake pond, lake or specified buffer zones for any activity detrimental to water
quality, and not permitted in the Environment Act;
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121
(3) Using ice covered water body for transporting logs or wood, riding skidoos/motor
vehicles/all terrain vehicles, leading of animals, or any other activity, including littering,
which impairs or has potential to impair water quality;
(4) Using or operating existing facilities in such a manner which impairs or has potential to
impair water quality;
(5) Storage and disposal of pesticides and manure, application of manure and chemicals in
specified buffer zones, extensive land clearing, and peat land drainage without adequate
treatment;
(6) Clear cutting of forest in sensitive areas, establishment of camps and camp facilities,
storage of chemicals, application of pesticides, drainage of peat land for afforestation,
and application of toxic fire retardants;
(7) Activities, operations or facilities associated with aggregate extraction and mineral
exploration such as work camps, vehicle parking and maintenance facilities, washing of
aggregates, asphalt plants, discharge or deposit of waste material into a body of water,
and significant disturbance to land for mineral exploration purposes;
(8) Application of herbicides in the right-of-way and use of chemically treated utility poles
and other related structures;
(9) Aquaculture development and associated activities having potential to impair water
quality; and
(10)
Any other storage or disposal facilities that the Minister of Environment considers
environmentally unacceptable.
3. Activities Regulated in a Designated Area
Subject to the other provisions of these Regulations, in this zone no person shall undertake any
of the following activities without obtaining prior written approval from the Minister of
Environment and a permit from the Authority:
(1) Expansion and upgrading of the existing activities, operations or facilities;
(2) (2) Land clearing or drainage, construction of access roads, servicing of lands for
subsequent use, or extension and upgrading of existing buildings or facilities;
(3) Installation of storm or sanitary sewer pipelines for transmission of water for
hydroelectric generation, agriculture uses, or any other purposes;
(4) Construction of roads, bridges, culverts, and other stream crossings, and installation
of power and telecommunication transmission lines;
(5) Modification to intake structures, pumphouses, reservoirs, etc. will require approval
under the Environment Act; an
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(6) Any other development or activity which, in the opinion of the Minister of
Environment, has caused impairment or has potential to impair water quality.
4. Approval Process
(1)
The proponent shall submit a detailed development plan along with maps,
drawings and specifications and other information as required by the Authority
and the Minister of Environment for approval.
(2)
The Minister of Environment may, on the recommendation of his/her officials,
issue a certificate of approval for the proposed development on such terms and
conditions as the Minister considers necessary to protect water quality.
(3)
The proponent shall obtain separate approvals from the Minister under the
Environment Act, for all permanent or temporary stream crossings or for
alteration to bodies of water that may be necessary to carry out the approved
development.
(4)
The proponent shall also obtain licences, permits or approvals under other Acts
and Regulations, including the Development Regulations as required prior to
commencing the approved work.
(5)
The proponent of the approved development shall notify the Authority or the
person responsible for the operation and maintenance of the waterworks by
providing a copy of the approval issued under this policy before commencing the
work.
(6)
The proponent shall maintain adequate liaison and consultation with the person
or authority responsible for the operation and maintenance of the waterworks
during the implementation and operation of the approved work.
(7)
The Minister of Environment and Conservation may require the inspection of the
approved development from time to time by his/her officials to ensure that the
development is carried out in an environmentally acceptable manner and the
proponent is complying with the terms and conditions of the approval.
(8)
The Minister of Environment and Conservation may require a proponent to
monitor water quality according to a monitoring program approved by the Minister
in order to evaluate the impact of the approved development on public water
supply.
5. Buffer Zones
The proponents shall provide the following widths of buffer zones along and around water
bodies from the high water mark in a designated area:
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No development activity shall be permitted in buffer zones except those which are intended to promote
vegetation.
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124
COMPREHENSIVE DEVELOPMENT AREA (CDA)
PERMITTED USE CLASSES (See Reg. 109)
N/A
DISCRETIONARY USE CLASSES(See Regs. 51 & 110)
Single Dwelling
Refer to Burin Municipal Plan 2010-2020 page 10, Section 4.1: General Land Use Policies;
and page 23, Section 4.2.10: Comprehensive Development Area Land Use Policies.
Condition for the Comprehensive Development Area (CDA) Zone
1. Comprehensive Development Scheme
Before any development is permitted, a Comprehensive Development Scheme will be prepared
under the Urban and Rural Planning Act and the Burin Municipal Plan 2010-2020.
Policies applicable to these schemes are laid out in the Burin Municipal Plan 2010-2020,
Section 4.2.10 Comprehensive Development Area Land Use Policies.
2. Archaeological Sites
If an archaeological site or historical artefacts are discovered during construction, development
shall stop and the Provincial Archaeology Office (PAO) of the Department of Tourism, Culture
and Recreation consulted. Development shall not proceed until the PAO has evaluated the site.
3. Development Scheme Requirement
Prior to any major development occurring, a Development Scheme under the Municipal
Plan and the Urban and Rural Planning Act must be adopted and approved.
4. Discretionary Use Single Dwelling
A Single Dwelling may only be approved if it will not negatively affect the proposed or likely
development of the Comprehensive Development Area by impinging upon a proposed access
or in some other fashion. A single dwelling may only be permitted along existing public roads,
subject to the requirements of the Residential (R1) Zone.
5. Hobby Gardens
Hobby gardens shall be permitted within a Comprehensive Development Area (CDA) only if
they are included as part of a Comprehensive Development Scheme.
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SCHEDULE D
OFF-STREET PARKING REQUIREMENTS
1.
The off-street parking requirements for uses in the various use classes set out in
Schedule B shall be as set out in the following table.
2.
In the case of developments including uses in more than one use class, these standards
shall be regarded as cumulative.
3.
Adequate off-street provision for drop-off and pick-up of persons shall be provided in
developments where required, such as uses within the education, passenger assembly,
child care, medical treatment and special care, commercial-residential and take-out food
service use classes.
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Town of Burin Development Regulations
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Town of Burin Development Regulations
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TABLE SHOWING RELATIONSHIP BETWEEN THE CLASSIFICATION
OF USES AND THE USE ZONE TABLES
The following table does not form part of the Town of Burin Land Use Zoning, Subdivision and
Advertisement Regulations. It is included for convenience to provide a quick reference to ascertain
which uses are permitted in the various zones. In this table a P indicates that use classes are permitted
in the Use Zone listed at the top of the table. A D indicates that the use class is allowed only as a
discretionary use in the Use Zone. No symbol indicates that the uses are not permitted within the Use
Zone.
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Town of Burin Development Regulations
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Town of Burin Development Regulations
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