Town of Cape Broyle Development Regulations 2024-2034
Cape Broyle, Newfoundland and Labrador
· adopted 2024-02-20
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Development
· Regulations
2024-2034
TOWN OF CAPE BROYLE
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URBAN AND RlUJRAl PLANNING: JKT, 2000
RESOLUTIIONI TO APPR.OVE
THIE TOWN Of CAPE BROYLE
IDiEVElOPME:NT REGUllAJIIONS,. 2:.024-2034
Under the authority of section 16, section 17 and section 18 of the Urban and Rural
Planning Act 2000, the Town Co\llndl of Cape Broyle:
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adopted the Development Regulations for the Town of Cape Broyle on the 20th day
of February, 2024;
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gave notice of the adoption of the Development Regulations for the Town of Cape
Broyle by pubHcation in the Shoreline News on the 5th day of April, 2024 and 22th
day of March, 2.024;
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set the 16th day of April 2024 at the Cape Broyle Community Centre, 37 Harbour
Road, Cape Broyle for the Public Hearing.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the
Town Council of Cape Broyle approves the Devefopment Regulations for the Town of
Cape Broyle as adopted.
S[GNED AND SEALED this Ila
day of :J7 'j
, 2024
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Mayor:
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Town Clerk: ,:J.c;, ;} .D. '.15 4,.-
Development Regulations/ Amendment
REGISTERED
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Number
QPJlaQ - 000 3- 2,oz,4
Date ___
__.23_
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Signature -~~~
1~1~,A~1- · ~1~1-~~v ____ _
(Town of Cape Broyle seal)
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URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO ADOPT
TOWN OF CAPE BROYLE
DEVELOPMENT REGULATIONS, 2024-2034
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town
Council of Cape Broyle adopts the Town of Cape Broyle Development Regulations, 2024-
2034-
The Development Regulations (2024-2034) were adopted by the Town Council of Cape
Broyle on the 20th day of February, 2024.
Signed and sealed this~ day of_:J!:
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Mayor:
Town Clerk:
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(Town of Cape Broyle seal)
CANADIAN INSTITUTE OF PLANNERS (CIP) CERTIFICATION
I certify that the Town of Cape Broyle Development Regulations, 2024-2034 have been
prepared in accordance with the requirements of the Urban and Rural Planning Act, 2000
of the Province of Newfoundland and Labrador.
Member of Canadian Institute of Planners (MCIP)
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TABLE OF CONTENTS
1.0
AUTHORITIES AND RESPONSIBILITIES .............................-.....---.......................................-.-.............................. 1
1.1
APPLICATION ................................................................................................................................................ 1
1.2
COMPLIANCE WITH FEDERAL AND PROVINCIAL LEGISIATION AND TOWN REGUIATIONS ............................. 1
1.3
LEGAL EFFECT ............................................................................................................................................... 2
1.4
DELEGATION OF AUTHORI1Y ........................................................................................................................ 2
2.0
ADMINISTRATION OF THE REGULATIONS ........................................................................................................ 3
2.1
WHEN IS A PERMIT REQUIRED ............................................................................................................. 3
2.2
APPLICATION FORA PERMIT ................................................................................................................ 4
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2.2.1
'Who can apply and how ........................................................................................................................ 4
2.2.2
Application Requirements for All Applications ................................................................................... 5
2.2.3
Application Information Requirements for Discretionary Uses ......................................................... 5
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2.2.4
Application Information Requirements for Planned Unit Developments .......................................... 6
2.3
WHERE PROPOSED DEVELOPMENT DOES NOT MEET DEVELOPMENT REGULATIONS
REQUIREMENTS .................................................................................................................................................... 8
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2.3.1
Variances ................................................................................................................................................ 8
2.3.2
Non-Conforming Uses or Non-Conforming Development .................................................................. 9
2.3.3
Amendment to Development Regulations ............................................................................................ 9
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2.4
COUNCIL DECISION-MAKING ............................................................................................................ 11
2.4.1
Discretionary Decision-making Powers of Council ........................................................................... 11
2.4.2
Timely Decision-making ...................................................................................................................... 11
2·4·3
Deferment of Application: ................................................................................................................... 11
2.4.4
Public Notice ........................................................................................................................................ 11
2.4.5
Briefing Sessions ................................................................................................................................... 12
2.4.6
Approval in Principle ............................................................................................................................ 13
2.4.7
Approval of Permit ............................................................................................................................... 14
2.4.8
Permit responsibilities of the applicant .............................................................................................. 14
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2-4-9
Temporary Use Permit ......................................................................................................................... 15
2.4-10 Correction of Errors and Remedial Work ........................................................................................... 15
2.4.11
Revoke Permit ....................................................................................................................................... 15
2.4.12
Fee for Permit ....................................................................................................................................... 15
2.4.13
Re.fusing of Application for a Permit ................................................................................................... 15
2.4.13.1 Written Reasons and Right of Appeal ................................................................................................ 15
2.4.13.3 Re.fusal based on Premature development .......................................................................................... 16
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2.4.14 Appeal ................................................................................................................................................... 16
2.4.15
Register ................................................................................................................................................. 16
2.5
SPECIAL CONDITIONS FOR DEVELOPMENT ................................................................................... 16
2.5.1
Development Agreement ..................................................................................................................... 16
2.5.2
Planning Impact Analysis .................................................................................................................... 17
2.5.3
Financial Guarantees by Developer .................................................................................................... 17
2.5.4
Service Levy .......................................................................................................................................... 18
2.5.5
Require Land Conveyed for Public Work Purpose ............................................................................. 18
2.5.6
Restoration of Land ............................................................................................................................. 18
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2.6
ENFORCEMENT AUTHORI'fY .............................................................................................................. 19
2.6.1
Delegation of Authority ....................................................................................................................... 19
2.6.2
RightofEntry ....................................................................................................................................... 19
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2.6.3
Enforcement Authorities ..................................................................................................................... 19
3.0
LAND USE ZONES AND PROVINCIAL INTEREST OVERLAYS ............................................................................. 21
3.1
INTERPRETATION OF LAND USE ZONES & DEVELOPMENT STANDARDS ................................ 21
3.1.1
Land Use Zones .................................................................................................................................... 21
3.1.2
Land Use Zone Tables: Permitted and Discretionary uses ............................................................... 21
3.1.2.1
Permitted Uses .............................................................................................................................................. 22
3.1.2.2
Discretionary Uses ......................................................................................................................................... 22
3.1.3
Accessory Uses and Accessory Building ............................................................................................. 22
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3.1.4
Uses Not Permitted .............................................................................................................................. 22
3.1.5
Uses Permitted in All Land Use Zones ................................................................................................ 23
3.1.6
Development Conditions and Standards ............................................................................................ 23
3.2
LAND USE ZONES ................................................................................................................................... 25
3.2.1
MIXED-RESIDENTIAL/COMMERCIAL ZONE ................................................................................. 25
3.2.2
MIXED DEVELOPMENT ZONE ......................................................................................................... 28
3.2.3
ENVIRONMENTAL PROTECTION ZONE ........................................................................................ 32
3.2.4
OPEN SPACE, PARKS AND TRAILSZONE ....................................................................................... 34
3.2.5
HERITAGE CONSERVATION ZONE ................................................................................................. 35
3.2.6
INDUSTRIAL ZONE ............................................................................................................................ 36
3.2.7
PUBLIC UTILTY ZONE ....................................................................................................................... 37
3.2.8
RURAL ZONE ....................................................................................................................................... 38
3.2.9
RESIDENTIAL SUBDIVISION AREA. ZONE ...................................................................................... 39
3.2.10
PROVINCIAL INTEREST OVERLAYS ....................................................................................................... 40
3.3
ACCESSORY USES ................................................................................................................................... 41
3.3.1
General Accessory Uses ....................................................................................................................... 41
3.3.2
Subsidiary Apartments ........................................................................................................................ 41
3.4
ACCESSORY BUILDINGS ....................................................................................................................... 42
3.4.1
Accessory Buildings - General ............................................................................................................ 42
3.4.2
Accessory Buildings - Residential Use Classes ................................................................................... 43
3.4.3
Accessory Buildings - Non-Residential .............................................................................................. 44
3.4.3.1
General .......................................................................................................................................................... 44
3.4.3.2 Wharf/Boathouse/Slipway/Breakwater ............................................................................................................... 45
3.5
HOME BUSINESS IN RESIDENTIAL USES ........................................................................................... 45
3.5.1
Home Business: Definition and examples .......................................................................................... 45
3.5.2
General Development Conditions for Home Businesses ................................................................... 47
3.5.3
Development Conditions for Specific Home Businesses ................................................................... 48
3.5.3.1
Bed and Breakfast ......................................................................................................................................... 48
3.5.3.2
Boarding House ............................................................................................................................................. 49
3.5.2.3
Day care: Residential .................................................................................................................................... 49
3.5.3.4
Parking for Home Business ............................................................................................................................ 50
4.0
LAND USE TYPE/CLASS DEFINITIONS AND CONDITIONS ................................................................................ 51
4.1
INTERPRETATION ................................................................................................................................. 51
4.2
AGRICULTURE LA.ND USE CI.ASS ........................................................................................................ 51
4.2.1
Commercial Agriculture: ..................................................................................................................... 51
4.2.2
Urban Agriculture ................................................................................................................................ 52
4.2.2.1
General Conditions ........................................................................................................................................ 52
4.2.2.2
Community Garden ....................................................................................................................................... 53
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4.2.3
Non-household pet animals in the Mixed Residential/Commercial and Mixed Development zones
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4.2.2.4 Kennel ................................................................................................................................................... 53
4.3
COMMERCIAL LAND USE ClASS ......................................................................................................... 54
4.3.1
Amusement Establishment/Use .......................................................................................................... 54
4.3.2
4.3.3
4.3.4
4.3.5
4.3.6
4.3.7
4-3.8
43.9
4.3.10
4-3.11
4.3.12
4-3-13
4·3·14
4.3.15
4.3.16
Amusement Park/ Attraction ............................................................................................................... 54
Auto Body Shop .................................................................................................................................... 54
Automotive Repair Shop ...................................................................................................................... 55
Bar/Licenced Liquor Establishment .................................................................................................... 56
Building Supply Store ........................................................................................................................... 56
Business Support Service ..................................................................................................................... 56
Campground, including RV campgrounds ......................................................................................... 56
Child Care - Non-residential (Note: residential child care is under Home Business) ..................... 58
Club and Lodge ..................................................................................................................................... 58
Contractor, Limited (Small) ................................................................................................................ 58
Convenience Store ................................................................................................................................ 59
Custom Manufacturing Service and Sales (small/artisan) ........................................ : ...................... 59
Garage, Public parking /taxi stand ..................................................................................................... 60
General Service/Repair Shop ............................................................................................................... 60
Hotel or Inn .......................................................................................................................................... 60
4.3.17 Marina .................................................................................................................................................. 61
4.3.18 Medical or Dental Clinic/Office .......................................................................................................... 62
4.3.19 Motel ..................................................................................................................................................... 62
4.3.20 Outdoor Commercial Patio ................................................................................................................. 63
4.3.21
Outdoor Market ................................................................................................................................... 64
4.3.22 Personal Service ................................................................................................................................... 64
4.3.23 Offices: Professional, Financial and Associated Support Services .................................................... 64
4.3.24 Resort .................................................................................................................................................... 65
4.3.25 Restaurants .......................................................................................................................................... 65
4.3.25.1
Take-Out ........................................................................................................................................................ 65
4.3.25.2
Full-Service Restaurant ......................-..-..-.....-..............................-.......................-.......-..-....-........................ 66
4.3.25.3
Mobile Take-Out or Street Vendor ................................................................................................................ 66
4. 3.26 Retail ..................................................................................................................................................... 67
4.3.27 Service Station ...................................................................................................................................... 67
4.3.28 Veterinarian Clinic ............................................................................................................................... 68
4.3.29 Mobile Street Vendor (non-food) or office ......................................................................................... 68
4.3.30 Short Term Residential Rental .............................................................................................................. 68
4.4
INDUSfRIAL LAND USE ClASS ............................................................................................................ 69
4.4.1
Crematorium ........................................................................................................................................ 69
4.4.2
Composting Facility ............................................................................................................................. 69
4.4.3
Contractor, General ............................................................................................................................. 70
4.4.4
Energy Generation Facilities ............................................................................................................... 70
4.4.4.1
General Energy Generation ........................................................................................................................... 70
4.4 .. 4.2
Wind Turbines ............................................................................................................................................... 71
4.4.4.2.1
Commercial wind turbine generator ........................................................................................................... 71
4.4.4.2.2
Private wind turbine generator ..................................................................................................................... 71
4.4.5
Fishery Use ........................................................................................................................................... 72
4.4-6
Forestry Activities ................................................................................................................................ 72
4.4. 7
Industrial - General .............................................................................................................................. 72
4.4.8
Industrial - Light .................................................................................................................................. 73
4.4.9
Industrial Mall ...................................................................................................................................... 74
4.4.10 Mineral Exploration ............................................................................................................................. 74
4.4.11
Mineral Working .................................................................................................................................. 76
4.4-12 Mining ................................................................................................................................................... 77
4.4.13 Natural Resource-Related Uses .......................................................................................................... 78
4.5
CONSERVATION LAND USE CLASS .................................................................................................... 79
4.5.1
Environmental Protection ................................................................................................................... 79
4.5.2
Open Space, Parks and Trails .............................................................................................................. 79
4.6
PUBLIC/INSTITUTIONAL LAND USE CLASS ...................................................................................... 81
4.6.1
Cemetery ............................................................................................................................................... 81
4.6.2
Institutional Use .................................................................................................................................. 82
4.6.3
Protective and Emergency Services ..................................................................................................... 83
4.6.4
Public Gathering Places -Indoor ......................................................................................................... 83
4.6.5
Public Gathering Places - Outdoor ..................................................................................................... 84
4.6.6
Sports and Recreation Facilities .......................................................................................................... 84
4.7
RESIDENTIAL LAND USE CLASS .......................................................................................................... 85
4.7.1
Single Detached Dwelling .................................................................................................................... 85
4.7.2.
Semi-Detached Dwelling (Double dwelling) ...................................................................................... 85
4. 7.3
Townhouses ......................................................................................................................................... 86
4.7.4
Mini-Home and Mobile Homes ........................................................................................................... 86
4.7.5
Apartment Building ............................................................................................................................. 87
4.7.6
Cottage (or Cabin) ............................................................................................................................... 87
4. 7. 7
Supportive Housing .............................................................................................................................. 88
4.7.8
Tiny Homes .......................................................................................................................................... 88
4.7.9
Hostel .................................................................................................................................................... 89
4.8
PUBLIC INFRASTRUCTURE AND UTILITIES ...................................................................................... 89
4.8.1
Communications .................................................................................................................................. 89
4.8.2
Easement .............................................................................................................................................. 90
4.8.3
Utilities ................................................................................................................................................. 90
5.0
GENERAL DEVELOPMENT REGULATIONS ....................................................................................................... 93
5.1
NUISANCE PROHIBITION AND BUFFERS .......................................................................................... 93
5.1.1 Nuisance and Unsightly development ...................................................................................................... 93
5.1.2
Buffers ................................................................................................................................................... 94
5.2
LOT SITING AND BUILDING ENVELOPE ........................................................................................... 95
5.2.1
5.2.2
5·2·3
5.2.4
5·2·5
Lot Area Integrity ................................................................................................................................. 95
Lot Fronting on to a Public Street ....................................................................................................... 95
Building Line and Setbacks .................................................................................................................. 95
Flanking or Corner lots and double fronting lots ............................................................................... 96
Side Yards ............................................................................................................................................. 96
5.2.6
Multiple Uses on One Lot .................................................................................................................... 96
5.2.7
Outdoor Storage ................................................................................................................................... 97
5.2.8
Civic Numbering Siting Conditions .................................................................................................... 97
5.2.9
Building Orientation and Quality ....................................................................................................... 97
. 5.2.10
Heritage Building or Structure ............................................................................................................ 97
5.3
LANDSCAPING ........................................................................................................................................ 98
5.3.1
General Requirements - Residential, Commercial and Industrial zones ......................................... 98
5.3.2
Subdivisions .......................................................................................................................................... 99
5.4
MUNICIPALSERVICESAND PUBLIC UTILITIES ............................................................................... 99
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5.4.1
Access And Streets ............................................................................................................................. 100
5.4.2
Shared Driveway ................................................................................................................................ 101
5.4.3
Storm Water Management. ............................................................................................................... 101
5.4.4
E.ffluents .............................................................................................................................................. 102
5.4.5
On-Site Services (Wells and onsite sanitary sewer systems) .......................................................... 102
5.4.6
Environmental Investigations ........................................................................................................... 102
5.5
OFF-SfREET LOADING, PARKING AND SIGNS ............................................................................... 103
5.5.1
Off-Street Loading Requirements .................................................................................................... 103
5.5.2
Parking ............................................................................................................................................... 103
5.5.2.1
Parking requirements .................................................................................................................................. 103
5.5.2.2
Parking Development Plans ......................................................................................................................... 104
5.5.2.3
Off-Street Parking Requirements ................................................................................................................ 104
5.5.2.4
Designated Mobility Impaired Parking Spaces ............................................................................................ 106
5.6
SIGNS (ADVERTISEMENTS) ................................................................................................................ 107
5.6.1
Permit Required .................................................................................................................................. 107
5.6.1.1
Signs/Advertisements Exempt from Permit Requirement .......................................................................... 107
5.6.1.2
Application for Permit ................................................................................................................................. 107
5.6.1.3
Signs/Advertisements Prohibited in Street Reservation ............................................................................. 107
5.6.1.4
Permit Valid for Limited Period ................................................................................................................... 108
5.6.1.5
Removal of Signs/Advertisements .............................................................................................................. 108
5.6.1.6
Non-Conforming Uses ................................................................................................................................. 108
5.6.2
Sign Standards .................................................................................................................................... 108
5.6.2.1
Advertisements Relating to Onsite Uses ..................................................................................................... 108
5.6.2.2
Advertisements Relating to Offsite Uses on Local Roads ............................................................................ 108
5.6.2.3 Highway Sign Regulations, 1999 ....................................................................................................... 109
6.0
SUBDIVISION OF LAND .................................................. ~ .............................................................................. 111
6.1
SUBDMSION APPLICATION ............................................................................................................. 111
6.1.1
Permit Required .................................................................................................................................. 111
6.1.2
Subdivision Standards apply ............................................................................................................. 111
6.1.3
Subdivisions standards do not apply ................................................................................................ 111
6.1.4
Public Notice ...................................................................................................................................... 112
6.1.5
Subdivision Subject to Zoning ........................................................................................................... 112
6.1.6
Subdivision Permit Subject to Considerations ................................................................................. 112
6.1.7
Restriction on Sale ofLots ................................................................................................................. 113
6.1.8
Building Permits Required ................................................................................................................. 113
6.2
SUBDMSION APPLICATION REQUIREMENTS .............................................................................. 113
6.2.1
Subdivision Development Agreement ............................................................................................... 113
6.2.2
Municipal Services to be Provided ..................................................................................................... 113
6.2.3
Private Well water source: Groundwater Supply Assessment and Reporting ............................... 114
6.2.4
Fees, Service Levies and Land for Open Space ................................................................................. 115
6.2.4.1
Subdivision Fees .......................................................................................................................................... 115
6.2.4.2
Service Levies and Local Improvement Assessments .................................................................................. 115
6.2.4.3
Deposit of Securities ................................................................................................................................... 115
6.2.4.4
Land for Public Open Space ......................................................................................................................... 115
6.3
6.4
6.4.1
6.4-2
6.4.3
SUBDIVISION DESIGN SfANDARDS ................................................................................................. 116
SUBDMSION ENGINEERING SfANDARDS ..................................................................................... 118
Engineer to Design Works and Certify Construction Layout ......................................................... 118
Developer to Pay Engineer's Fees and Charges ................................................................................ 118
Street Works May Be Deferred .......................................................................................................... 118
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6.4.4
Construction ofUtilities .................................................................................................................... 119
6.4.5
Structures in Street Reservation ....................................................................................................... 119
6.4.6
Transfer of Streets and Utilities to Council ...................................................................................... 119
6.4.7
Mini/mobile home park subdivision ................................................................................................. 120
SCHEDULES ................................................................................................................................................................ 121
SCHEDULE A: FEDERAL AND PROVINCIAL GOVERNMENT REQUIREMENTS ...................................... 123
A.1
Removal of Quarry materials, site grading, soil deposit ................................................................. 123
A.2
Crown land ......................................................................................................................................... 123
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A.3
Surveys Control Markers ................................................................................................................... 124
A.4
Archaeology ........................................................................................................................................ 124
A.5
Water Resources (watercourses, shorelines, and wetland) ............................................................ 124
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A.6.
Forestry and Wildlife ............................................................................................................................ 125
A.7
Climate Change Impacts ................................................................................................................... 126
A.8
Easements ........................................................................................................................................... 126
A.9
Provincial Government permits from Digital Government and Service NL.. ................................. 126
A.9.1
General requirements ................................................................................................................................. 126
A.9.2
Provincial Highway Sign Regulations, 1996 ................................................................................................. 126
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A.10
Pollution Prevention ............................................................................................................................ 127
A.11
National Codes and Regulations ....................................................................................................... 128
SCHEDULE B ........................................................................................................................................................... 129
INTERPRETATION .................................................................................................................................................. 129
SCHEDULE C: MINISTER'S DEVELOPMENT REGULATIONS .................................................................................... 139
SCHEDULED- NON-CONFORMING USES AND NON-CONFORMING DEVELOPMENT ........................................... 149
SCHEDULE E: LAND USE ZONING MAP .................................................................................................................. 151
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1.0
AUTHORITIES AND RESPONSIBILITIES
1.1
Application
These Development Regulations apply to:
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all persons proposing to undertake a land use and/ or development within the
Municipal Planning Area boundary, whether residents or non-residents; and,
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the Mayor and Councillors and their delegates as they make land use and
development decisions.
All development, including the subdivision/severance of land, carried out within the
Municipal Planning Area must have a permit issued by Council in accordance with the
Town Plan and these Development Regulations.
1.2
Compliance with Federal and Provincial legislation and Town regulations
The Development Regulations shall be subject to all Federal and Provincial legislation,
regulations, policies, guidelines and standards, as amended from time to time.
Notwithstanding these requirements, these Development Regulations incorporate specific
compliance requirements as set out in Schedule A-Provincial and federal interests and
requirements.
Even though an applicant may receive a municipal development permit, the applicant is
responsible for ensuring compliance with all relevant federal and provincial legislation,
regulations, policies and guidelines prior to commencing a land use or development
approved under these Development Regulations.
Council may require proof of compliance prior to approval.
The applicant must undertake any requirements set out by the Town as conditions to
approval of the permit.
The applicant is also responsible for ensuring compliance with all other Town regulations.
Town of Cape Bmyle
Development Regulations 2024-2034
1.3
Legal Effect
Upon publication of the notice of registration of these Development Regulations in the
Newfoundland and Labrador Gazette, the Development Regulations are in legal effect.
These Regulations may be cited as the "Town of Cape Broyle Development Regulations
2024", prepared under the authority of Section 35 of the Urban and Rural Planning Act,
2000 (hereinafter called 'the Act'). As required under Section 36 of the Act, the
Ministerial Development Regulations 03/01 are included in these regulations.
To assist interpretation of the Development Regulations, technical planning definitions
are found in Schedule B. Note that the definitions from the Urban and Rural Planning
Act, 2000 and the Minister's Development Regulations 03/01, cannot be amended by the
Council. The Minister's Development Regulations are found in Schedule C.
1.4
Delegation of Authority
Under Section 109 (2) of the Act, a council may to appoint/designate an employee of
Council to approve or reject applications to develop land in accordance with the plan and
regulations and that employee may outline the conditions applicable to that
development. Council shall make that designation in writing.
Town of Cape Broyle
Development Regulations 2024-2034
2
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2.0
ADMINISTRATION OF THE REGULATIONS
This Chapter deals with the administration of processing applications. This chapter
outlines: when a permit is required, the process for making an application for a permit,
the decision-making process by Council or it's delegate, including the conditions and
requirements that may be attached to the permit, the appeal process, and the
enforcement responsibilities of the Council.
2.1
WHEN IS A PERMIT REQUIRED
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All development including the subdivision (severance) of land carried out within the
Municipal Planning Area must have a permit issued by Council in accordance with these
Regulations and any other by-law or regulation enacted by Council. These are defined in
the Urban and Rural Planning Act, 2000 as follows:
DEVELOPMENT means:
" ... the carrying out of building, engineering, mining or other operations in, on, over or under
land, or the making of a material change in the use, or the intensity of use of land, buildings
or premises and the
i.
making of an access onto a highway, road or way,
ii.
erection of an advertisement or sign,
iii.
construction of a building,
iv.
parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or
as an office, or for living accommodation,
and excludes the
V.
vi.
vii.
viii.
and,
carrying out of works for the maintenance, improvement or other alteration of a
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building,
carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of
the road reservation,
carrying out by a local authority or statutory undertakers of works for the purpose
of inspecting, repairing or renewing sewers, mains, pipes, cables or other
apparatus, including the breaking open of street or other land for that purpose,
and
use of a building or land within the courtyard of a dwelling house for a purpose
incidental to the enjoyment of the dwelling house as a dwelling ... ";
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"SUBDIVISION means the dividing of land, whether in single or joint ownership into 2 or
more pieces for the purpose of development".
The requirements for subdivision development can be found in Section 8.
No land over which there is an existing structure shall be subdivided for the purpose of
creating distinct lot for different dwelling units unless;
a. Each dwelling unit is entirely contained within the new lot and self-
contained within the new lot with no common spaces or shared services,
b. The fire separation for each dwelling unit is confirmed,
c. A permit for the subdivision is first obtained from the Town.
d. The subdivision must fully comply with all aspects of the Town
Development Regulations;
e. A subsidiary apartment cannot be subdivided from the self-contained
dwelling that it is constructed within.
2.2
APPLICATION FORA PERMIT
2.2.1
Who can apply and how
An application for a Permit or for Approval in Principle shall be made only by the owner,
or by a person authorized by the owner, to Council on such for~ as may be prescribed by
Council.
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
Council shall, on request, supply to every applicant a copy of the application form{s) and
a description of the plans, specifications, and drawings required to be provided with the
application.
Council shall provide all available information to assist in the preparation of the
application.
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2.2.2
Application Requirements for All Applications
An application for a Development Permit shall contain the information needed to satisfy
the applicable requirements in these Regulations.
Every application shall include:
a. such plans, specifications and drawings as Council may require;
b. the permit fee required by Council; and,
c. all information required to process the application in accordance with these
Regulations, such information shall include at least the following:
For the site, such information shall include at least the following:
a. location of the site on a map;
b. details of proposed use: type, size and scale of operation, landscaping;
c. lot area, lot frontage, siting of structures;
d. contours and significant natural features such as wetlands, watercourses, drainage
channels, and slopes that exceed 15 percent, existing vegetation, trees, and any
other environmentally sensitive features;
e. existing streets, buildings, and land uses in the vicinity of the site;
f. a conceptual layout of proposed streets, trails, and other major components of the
development;
g. proposed access/egress, parking, loading requirements;
h. a landscaping plan, including buffers and/or separation distances;
1. proposed water supply, waste disposal and storm water drainage services; and,
J· a legal survey plan prepared by a registered Newfoundland and Labrador land
surveyor or other documentation sufficient to satisfaction of Council.
Where the application involves a building, the following information shall be added to
the lot information, as appropriate:
i.
siting of building on the lot, including building line setback and yards;
ii.
bulk and height, in terms of floor area and building height;
m.
off-street parking, circulation, and loading, in terms of variables specified in
Section 5.5;
iv.
proposed access/ egress, parking, loading requirements;
v.
a landscaping plan and buffers (see Section 5.3)
2.2.3
Application Information Requirements for Discretionary Uses
1) Discretionary Uses may only be considered for an application to develop where:
a. the Discretionary Use is stated in the applicable Use Zone table ( Chapter 3);
and,
b. Council has, at the applicant's expense, provided notification, such as a notice
published in a newspaper circulating in the area of the application, if any, or
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social media, and other means of emailing or notifying the public or by direct
contact with property owners near the location that is subject to the
application, and
c. that Council has considered any representations or submissions received in
response to that advertisement.
d. In addition to the information requirements for lots and buildings in 2.2.2, an
application for a Discretionary Use shall contain the following information
relating to Discretionary Uses involving operation of a business/service, if
applicable:
1. floor area to be used for Discretionary Use,
11. number of employees employed on site, and
iii. hours of operation.
2.2.4
Application Information Requirements for Planned Unit Developments
Definition: Planned Unit Development means an integrated planned development
which may involve a single use class or mix of use classes or a mix of uses that responds to
a unique market opportunity. The most common example of a Planned Unit
Development is a vacant land condominium/bare strata development consisting of a
contiguous area to be planned, developed, operated, and maintained as a single entity and
containing one or more structures with common areas that belong to them, such as a box
store complex, resort, multi-unit residential. A Planned unit development may also have
buildings with zero lot line provided that they are meet Digital Government and Service
NL requirements. The Planned Unit Development would be prepared and reviewed by the
Council according to its regular development approval process.
Conditions:
1. Required to comply with the permitted /discretionary uses in the relevant zone;
2. A Planned Unit Development must have frontage on a public road and comply with
use requirements of the Zone within which it is located.
3. Notwithstanding the requirement for serviced development, if municipal services are
not feasible to the standard required by the Town, the provision of on-site services
must meet requirement of provincial agencies, in particular, Water Resource
Management Division and Service NL;
4. Roads and services provided in a Planned Unit Development whether they are publicly
or privately owned, may be treated as if they were public roads, public services and
public utilities for the purpose of approvals by the Authority and other agencies.
5. A Planned Unit development and/or subdivision shall comply with the requirements
of the Municipal Plan or any scheme adopted under it, and with the zoning for the site
as it pertains to land use, height, and have a suitable relationship to nearby land uses
in respect to appearance, traffic requirements, and demands on municipal services;
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In addition to the information in 2.2.2, the following requirements will apply to all
proposed Planned Unit Development applications involving development of large sites for
commercial (including commercial recreational}, industrial, residential and public
institutional development. A Planned Unit Development application would normally
contain the following:
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Goals, objectives and land use policies for the development area;
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Identification of developable area of site, indicating accommodation of site conditions
such as poor drainage, steep slopes, flooding potential and rocky ground;
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Proposed siting of new buildings, or additions, including building square footage area
size, building height, and setback distances to property lines;
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Building lot area coverage where applicable;
- Total number of proposed multi-unit residential dwellings, or strata unit commercial
and/or industrial units, and interior floor plans;
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Layout drawing of proposed parking area, total number and size of parking spaces and
manoeuvring aisles, access and egress locations to parking area, provisions for bicycle
parking where applicable, landscape screening for parking areas and storm water
drainage management;
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Identification of outdoor amenity and open space and recreation areas;
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Identification of unenclosed storage areas and area size; and,
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Overview of landscaping treatment and approach for the site development.
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Phasing of the development;
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Street and servicing layout, including on-site road pattern and traffic and relation to
surrounding community in conformance with Town standards;
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Indicate any issues related to the long-term maintenance of streets and other services;
and,
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if required, an amendment to the Municipal Plan and/or Development Regulations.
6. A Planned Unit Development may be approved by Council in any zone as a
development and/or subdivision on public or private services, subject to the following
requirements:
a. The development and/or subdivision shall comply with the requirements of the
Municipal Plan or any scheme adopted under it, and with the zoning for the site
as it pertains to land use, height, and have a suitable relationship to nearby land
uses in respect to appearance, traffic requirements, and demands on municipal
services; and,
b. A Development Agreement having a Planned Unit Development site plan
attached thereto, satisfactory to Council, between the owners of the land and the
Town shall be registered in the Registry of Deeds of Newfoundland and
Labrador, controlling the use and development of such land.
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2.3
WHERE PROPOSED DEVELOPMENT DOES NOT MEET DEVELOPMENT
REGULATIONS REQUIREMENTS
If a proposed application does not meet the requirements of these Development
Regulations, there are three options to consider:
- If a variance under the Minister's Development Regulations can be applied;
- Whether the existing use/development is non-conforming and subject to associated
provisions under the Urban and Rural Planning Act, 2000 or the Minister's
Development Regulations (refer to Schedule C); and,
- Whether the applicant wishes to request an amendment to the Development
Regulations (which may require an associated amendment to the Municipal Plan).
2. 3.1
Variances
Where the proposed development does not comply with any numeric requirement in the
applicable use zone table set out in these Regulations for the zone in which the site
occurs, Council may, in its discretion, at the request of the applicant, provide a variance
to the requirement to a maximum often percent (10%) if, in Council's opinion,
compliance with the development standards would prejudice the proper development of
the land, building, or structure in question or would be contrary to public interest. The
total of 10% variance is set in the Minister's Development Regulations 3/01 and cannot be
amended by Council and the requirements set out in Section 12 apply (see Appendix C).
Council shall not allow a variance from development standards set out in the zone as 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 greater than a ten percent (10%) variance even
though the individual variances separately are no more than ten percent (10%);
Council shall not permit a variance from the development standards where the proposed
use would increase the non-conformity of an existing development or would result in the
creation of non-conformity of any existing legal development.
Where Council is to consider a proposed variance, Council shall give written notice of the
proposed variance from development standards to all persons whose land is in the
immediate vicinity of the land that is the subject of the variance and allow a minimum
period of seven (7) days for response.
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2.3.2
Non-Conforming Uses or Non-Conforming Development
If a non-confirming use or a non-conforming development is discontinued after these
regulations come into legal effect, the right to resume a discontinued con-conforming use
or non-conforming development shall not exceed two years after the discontinuance
occurred. For the purpose of this regulation, discontinuance of a non-conforming use or
non-conforming development begins when any one of the following conditions are met:
a.
The building or use is clearly vacated or the building is demolished;
b.
The owner or tenant has ceased paying building taxes for that use; and
c.
The owner or tenant has stated in writing that the use has ceased
When an application involves a non-conforming use or non-conforming development, the
appropriate sections of the Urban and Rural Planning Act, 2000 (Part XII) and Minister's
Development Regulations 03/01 (Sections 14-17) apply. These can be found in Schedule D.
2.3.3
Amendment to Development Regulations
An amendment to these Development Regulations may be requested by the property
owner or a person operating under the owner's written consent and shall be submitted to
the Council. Note that this might also require an associated amendment to the Municipal
Plan.
All costs for the amendment are to be home by the person requesting the amendment,
except when initiated by Council.
The amendment application shall be made by the property owner or a person operating
under the owner's written consent. A copy of this written consent must accompany the
application for an amendment to the text of the Development Regulations or rezoning of
the Land Use Zoning Map.
Where a Plan amendment and/or Development Regulation amendment is required, the
following criteria may be considered:
a. all of the criteria listed in the policies of the Plan;
b. the height, location and spacing of any buildings in the proposed development,
and any potential impacts on surrounding land uses;
c. the location of vehicular access points the likely impact of traffic generated by the
proposal on streets, pedestrian and vehicular safety, and on surrounding
properties;
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d. the exterior design in terms of bulk, scale, and layout of buildings, and the
integration of these uses with present and future land uses in the area;
e. the potential impact of the development on surrounding natural features and
heritage resources;
f. constraints posed by the environment, including but not limited to locations
where adverse effects from landfill sites, sewage treatment plants, methane gas,
contaminated soils, noise, ground borne vibration, and rail safety may limit
development;
g. compliance of the proposed development with the provisions of the Town's
Municipal Plan and Development Regulations; and,
h. measures planned by the applicant to mitigate any adverse impacts on surrounding
land uses and streets which have been identified as part of the Planning Impact
Analysis.
An applicant for a proposed change in land use may be required to provide information
and details on the development and its likely impacts.
An amendment to the Development Regulations and/or the Land Use Zoning Map which
requires an associated amendment to the Plan must follow the amendment process set
out in the Urban and Rural Planning Act, 2000.
An amendment to the text of the Development Regulations and/or the Land Use Zoning
Map which does not requires an associated amendment to the Municipal Plan does not
follow the full process set out in Sections 14-25 of the Act (Section 35 {5)); however,
section 14- public consultation is required as part of the Council review process. Council
then must adopt the amendment by resolution of Council at a Regular Meeting of Council
(open to the public). The Amendment must be submitted in the required form to the
Department of Municipal and Provincial Affairs for registration.
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2.4
COUNCIL DECISION-MAKING
2.4.1
Discretionary Decision-making Powers of Council
In considering an application for a permit to carry out development, Council shall take
into account the policies expressed in the Municipal Plan and any further scheme, plan
or Regulations pursuant thereto, and shall assess the general appearance of the
development of the area, the amenity of the surroundings, 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, Council may, in its discretion, and as a result of its consideration of the
matters set out in this Regulation, approve with conditions or refuse the application.
2.4.2
Timely Decision-making
Applications properly submitted in accordance with these Regulations which have not
been determined by Council and on which a decision has not been communicated to the
applicant within 60 days of the application being received by Council (with information
complete to the satisfaction of Council), shall be deemed to be refused.
2.4.3
Deferment of Application:
Council may, with the written agreement of the applicant, defer consideration of an
application.
An application properly submitted in accordance with these Regulations shall be
determined within 60 days of the receipt thereof by Council or shall be deferred.
Council may defer decisions on an application for a Development Permit and/ or an
application for an amendment to these Regulations within a specified area where Council
has directed that a planning study or other similar study pertaining to the future use and
development of the specified area be undertaken.
An application may be withdrawn only on receipt of a written request from the applicant.
2.4.4
Public Notice
The following list indicates the requirements regarding public notice. Council must, at the
applicant's expense (Section 35 (1) of the Act), publish a notice in a newspaper circulating
in the area of the application, and consider any representations or submissions received in
response to that advertisement, for the following:
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1. A change in a non-conforming use; notice of an application to change a non-
conforming use will be by advertisement in a newspaper circulating in the area, and a
minimum of seven ( 7) days will be provided for persons to respond.
2. A proposed development is listed as a discretionary use; notice of an application
regarding a proposed discretionary use be by advertisement in a newspaper circulating
in the area, and a minimum of seven ( 7) days will be provided for persons to respond.
3. A Planned Unit Development is proposed; Council will publish a notice in a
newspaper circulating in the area or by other reliable means give public notice, and
will provide a minimum of fourteen {14) days for persons to respond; or,
4. If Council determines that the public should be notified of an application; notice of
the application will be by advertisement in a newspaper circulating in the area, and a
minimum of seven ( 7) days will be provided for persons to respond;
5. A Planning Impact Analysis is proposed; Council will publish a notice in a
newspaper circulating in the area or by other reliable means give public notice, and
will provide a minimum of fourteen {14) days for persons to respond;
6. Notification regarding a Variance will be carried out as follows: A variance; written
notice of a variance application shall be given directly to persons whose land is in the
immediate vicinity of the land that is the subject of the variance who are likely to be
affected (Minister's Development Regulations 3/01) and a minimum of seven {7) days
will be provided for persons to respond;
2.4.5
Briefing Sessions
Council may require a public meeting to be held in respect of any matter arising under
these Regulations.
Council shall advertise or require the applicant of the application that is the subject of the
briefing session to advertise the application by a minimum of one (1) advertisement in a
newspaper circulating in the local area, or by any other means at least ten {10) calendar
days prior to the holding of a briefing session where the application shall be discussed.
The notice shall: (a) contain a general description of the application; (b) specify the date
set for the briefing session at which the application is to be discussed; ( c) specify the date
set for receipt of written representation on the application by the Town; {d) identify the
place and time where the application can be viewed by the public; and ( e) specify that
Council shall cancel the briefing session if no written response is received by the deadline
for the receipt of responses.
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Council may make such effort as it deems reasonable to provide that written notices are
mailed to the addresses of property owners, as identified on the current Town's
assessment role, within a radius of at least 150 m from the application site, a minimum of
fourteen (14) calendar days prior to a briefing session where such application is discussed.
Notes of the proceedings of the briefing session shall be recorded and these notes,
together with any written representations, shall be considered by Council when it makes
its decision on the matter, which is the subject of the briefing session.
An elected member of Council shall act as Chairperson of the briefing session.
2.4.6
Approval in Principle
Council may grant an Approval in Principle if it determines that the proposed
development complies generally with the intent and purposes of the Municipal Plan and
these Regulations.
Council will attach to the approval in principle such conditions that it deems necessary to
ensure the proposed development will be in accordance with the Plan and these
Regulations. It will also outline such details that the applicant will be required to address
before a final development permit will be granted.
An Approval in Principle will be valid for a period of one (1) year and may be extended for
one (1) additional year, up to a maximum of two (2) years.
Where Approval in Principle is granted under these Regulations, it shall be subject to the
subsequent approval by Council of the details and conditions as listed in the Approval in
Principle, which shall be received not later than one year from the issuance of the
Approval in Principle. Approval in principle will not constitute permission to commence
development. No form of development will commence until Council has issued a proper
development permit.
Where Approval in Principle is granted under these Regulations, it shall be subject to the
subsequent approval by Council of the details and conditions as listed in the Approval in
Principle, which shall be received not later than one year from the issuance of the
Approval in Principle. If the details and conditions are not received, and there is no
request for an extension then the Approval in Principle is void and the application is
rejected.
Council may revoke Approval in Principle if it determines that the applicant has changed
the proposed development in a way that significantly alters the original intent of the
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application or has not adequately addressed conditions or details stipulated in the
approval-in-principal.
A decision by Council on an application for an Approval in Principle can be appealed in
accordance with Section 42 of the Act.
2.4.7
Approval of Permit
(1) A written permit issued by Council or its designated staff will constitute permission to
develop in accordance with these Regulations, but such permission shall not relieve
the applicant from full responsibility for obtaining all other permits or approvals prior
to commencement of development and complying with all other regulations and
statutes during development.
(2) Council may attach conditions to a development permit to ensure compliance with
the Municipal Plan and these Regulations, and the permit holder will be responsible
for full compliance with these conditions. When approving an application for a
discretionary use, Council shall state in writing the basis for its approval.
(3) 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 three
years; except for Signs (see 5.6).
(4) No person shall change the application for which a development permit was issued
unless written approval of the change has been issued by Council.
(s) A copy of the development permit, along with plans and specifications, shall be kept
on the site until the development is completed.
( 6) A decision by Council on an application to undertake development can be appealed in
accordance with Sections 42-46 of the Urban and Rural Planning Act, 2000 and
Sections 5 to 11 of the Minister's Development Regulations3/01 under that Act.
2.4.8
Permit responsibilities of the applicant
The applicant must meet the requirements of these Regulations and the conditions
attached to the permit to develop. Note that, even though an applicant may receive a
municipal development permit, the applicant is responsible for ensuring compliance with
all relevant federal and provincial legislation, regulations, policies and guidelines prior to
commencing a land use or development approved under these Development Regulations.
Council may require proof of compliance with federal or provincial requirements before
issuing municipal approval.
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2.4.9
Temporary Use Permit
Definition: A temporary use permit means a permit for a development or the use of
land that is limited in scope, duration, and frequency and is allowed to operate on a short-
term basis, such as, a temporary outdoor market.
Conditions:
1. At its discretion, Council may issue a development permit for a temporary use, which
must comply with the Municipal Plan and these Regulations.
2. The permit may be for a period not exceeding one (1) year and may be extended at the
request of the applicant for one (1) additional year, up to a maximum of two (2) years.
2.4.10 Correction of Errors and Remedial Work
The approval of any plans or drawings or the issuance of a Development Permit or permit
shall not prevent Council or any officer from thereafter requiring the correction of errors
or from ordering the cessation of, or remedial work on any development being carried out
in the event that the same is in violation of these or any other regulations or statutes.
2.4.11
Revoke Permit
1. Council or any designated officer may revoke an approval and any subsequent permits
for:
a. failure by the holder, to comply with these Regulations or any condition attached
to the permit;
b. where the permit was issued contrary to the applicable regulations;
c. the permit was issued on the basis of incorrect information.
2.4.12
Fee for Permit
Council may charge a fee for a development permit in accordance with the annual
schedule of fees adopted by Council.
2.4.13
Refusing of Application for a Permit
2.4.13.1 Written Reasons and Right of Appeal
When refusing to issue a permit or attaching conditions to a permit, Council shall, in
writing:
a. state the reasons for so doing; and,
b. advise the applicant of their right to appeal in accordance with Sections 42-46
of the Urban and Rural Planning Act, 2000 and Sections 5 to n of the Minister's
Development Regulations3/01 under that Act.
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2.4.13.2
Resubmission of Application
Where a Development Permit application for a land or building development or for an
amendment to the Development Regulations has been effectively denied by a resolution
of Town Council, application for the same development, building or amendment shall
not be considered within 12 months of the date of the previous refusal.
2.4.13.3 Refusal based on Premature development
No permit shall be issued for development within the Municipal Planning Area when in
the opinion of Council, it is premature by reason of the site lacking adequate road access,
power, drainage, sanitary facilities, or domestic water supply, or being beyond the natural
development of the area at the time of application, UNLESS the applicant contracts to pay
the full cost of construction of the services deemed necessary by Council and such cost
shall attach to and upon the property in respect of which it is imposed.
2.4.14 Appeal
The person to whom a Town's decision applies shall have the right to appeal that decision
in accordance with the provisions of Sections 42 to 46 of the Urban and Rural Planning
Act, 2000 and Sections 5 to 11 of the Minister's Development Regulations3/01 under that
Act. The applicant must be informed of the right to appeal in the letter of refusal.
2.4.15
Register
Council shall keep a register of all applications for development and shall enter therein
Council's decision upon each application and the result of any appeal from that decision.
2.5
SPECIAL CONDITIONS FOR DEVELOPMENT
2.5.1
Development Agreement
A development agreement is a voluntary contract between a local jurisdiction and a
person who owns or controls property within the jurisdiction, detailing the obligations of
both parties and specifying the standards and conditions that will govern development of
the property.
These agreements can specify various elements of the development process ranging from
phasing of a larger comprehensively planned community, to tax-sharing for retail
development, to critical infrastructure responsibilities. Development agreements are
sometimes used in combination with a, Planned Unit Development application (Section
2.5.1), Development Scheme, Section 29 of the Urban and Rural Planning Act, 2000, or
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Subdivision greater than 5 lots (Chapter 6), in the form of a binding agreement that
specifies the negotiated terms of the development, but these tools may also be used
independently.
Where a Development Agreement is required as a condition of a Development Permit or
Approval-in-Principle, the Development Agreement set out the terms specific to that
agreement and shall be signed by the applicant and Council within one year of the
approval granted by Council.
Development cannot proceed until all conditions of the Development Permit are met and
the Development Agreement is signed by the applicant and Council.
2.5.2
Planning Impact Analysis
Council may require a Planning Impact Analysis to evaluate any proposed land use,
development and/ or situation that affects the implementation of policies contained in the
Municipal Plan.
A Planning Impact Analysis may be required by Council to evaluate applications to
determine the appropriateness of a proposed change in land use, and to identify potential
issues and provide proposals for mitigation. The Planning Impact Analysis will document
the criteria used in the application review process.
The Terms of Reference for a Planning Impact Analysis shall be approved by Council prior
to its execution and shall become an integral part of the report itself. The Planning
Impact Analysis shall be prepared by qualified individuals/consultants. The report and
any supporting studies may be prepared at the expense of the applicant, at Council's
discretion. The report shall identify significant impacts, evaluate their importance, and
recommend a Mitigation Plan indicating measures of control or mitigation, where
appropriate.
Prior to the approval of a Planning Impact Analysis, Council shall provide adequate time
for a public review of the report, using the procedures for public notification as outlined
in Section 2.4.4.
2.5.3
Financial Guarantees by Developer
Council may require a developer, before commencing a development, to make such
financial provisions and/ or enter into such agreements as may be required to guarantee
the payment of service levies, ensure site reinstatement, and to enforce the carrying out of
any other condition attached to a permit.
The financial provisions may be made in the form of:
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a. a cash deposit from the developer, to be held by Council;
b. a security or guarantee by a bank, or other institution acceptable to Council, for
expenditures by the developer;
c. a performance bond provided by an insurance company or a bank, or;
d. an annual contribution to a sinking fund held by Council.
The financial guarantee will be returned when the site has been restored and any
conditions attached to the development permit have been carried out to Council's
satisfaction.
2.5.4
Service Levy
Council may require a developer to pay a service levy where development is made possible
or where the density of potential development is increased, or where the value of real
property is enhanced by the carrying out of public works either on or off the site of the
development {Section 149 (2) Municipalities Act, 1999).
A service levy shall not exceed the cost, or estimated cost, including finance charges to
Council of constructing or improving the public works referred to above that are
necessary for the real property to be developed in accordance with the standards required
by Council and for uses that are permitted on that real property.
A service levy may be assessed on the real property based on: (a) the amount of real
property benefited by the public works related to all the real property so benefited, and
(b) the density of development made capable or increased by the public work.
Council 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
Council may decide.
2.5.5
Require Land Conveyed for Public Work Purpose
A Council may, for a development that does not involve a subdivision, require a portion of
the land to be developed to be conveyed to the Town for a public purpose where public
works are required to accommodate the proposed development.
2.5.6
Restoration of Land
Where the use of a site is discontinued, the intensity of its use is decreased, a
development permit has been revoked or has expired, or a temporary development permit
has expired, Council may order the developer, the occupier of the site, the owner, or all of
them to restore the site, remove all or any buildings or erections, cover or fill all wells or
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excavations, and close all or any accesses, or to do any or all of these things, as the case
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may be, and the developer, occupier or owner shall carry out the order of Council and
shall put the site in a clean and sanitary condition to Council's satisfaction.
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2.6
ENFORCEMENT AUTHORITY
2.6.1
Delegation of Authority
The Urban and Rural Planning Act, 2000 provides for delegation of enforcement
responsibilities under Section 109, where, an employee of a Council may issue an order
regarding enforcement.
An order made by an employee shall be confirmed by a majority vote of the members of
the council present at the next meeting of that Council after the order is made and if the
order is not confirmed in this manner, it shall be considered to be cancelled.
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2.6.2
Right of Entry
Council or an officer of Council 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
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2.6.3
Enforcement Authorities
1. Where it is determined that a use of land or development is contrary, or apparently
contrary, to the Municipal Plan and Development Regulations, Council may initiate
enforcement measures by issuing a stop work order.
2. A stop work order requires that person to stop the development or work connected
therewith pending the final adjudication in any prosecution arising out the of the
development.
3. Every inspector shall keep a record of any violation of these Regulations and report
that violation to Council.
4. A person who does not comply with an Order is guilty of an offence under the
provisions of the Urban and Rural Planning Act, 2000.
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3.0
LAND USE ZONES AND PROVINCIAL INTEREST OVERLAYS
3.1
INTERPRETATION OF LAND USE ZONES & DEVELOPMENT STANDARDS
Land Use Zones
1. The Municipal Planning Area is divided into Land Use Zones which are shown on the
Land Use Zoning Maps attached to, and forming part of, these Regulations. For each
zone, the intent and governing policies are set out in Chapter 3 of the Municipal Plan.
2. The boundaries of the Use Zones shown on the Land Use Zoning Maps are general
only and, except where they coincide with roads, shorelines, or other prominent
physical features, are not intended to define exact limits. No Development Regulation
amendment shall be required in order to accommodate minor adjustments of the Use
Zone boundaries.
3. Other than such minor boundary adjustments, no development shall be permitted
that does not conform to the Use Zone delineated on the Land Use Zoning Maps.
4. Where there is uncertainty regarding the existence of a watercourse identified on the
zoning map, this can be confirmed in the field. If it is determined that the watercourse
does not exist, the area in question will be treated as if it is occurring within the
surrounding zone.
5. The following zones were developed to reflect the needs of the Town of Cape Broyle.
The Municipal Plan states the objectives and policies for each of the land use classes.
The Development Regulations enable the implementation of these policies through
the following zones:
a. Mixed-Residential/Commercial
b. Mixed Development
c. Heritage Conservation
d. Environmental Protection
e. Open Space, Park and Tails
f.
Industrial
g. Public Utility
h. Rural
i.
Residential Subdivision Area
3.1.2
Land Use Zone Tables: Permitted and Discretionary uses
This Chapter provides a Use Zone Tables which sets out the permitted, and discretionary
uses for each Zone. The standards, requirements and conditions applicable to these Uses
are set out in an associated Site Development Standards table, conditions, with reference
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Development Regulations 2024-2034
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to Chapters 4, to 6. Sections 2.4.1 and 2.4.13.1 provide Council with discretion regarding
decisions for both permitted and discretionary uses.
3.1.2.1 Permitted Uses
Subject to these Regulations, Permitted Uses set out in the Use Zone Table shall be
permitted by the Council in that Use Zone provided that it meets the development
standards and requirements of the Development Regulations.
3.1.2.2 Discretionary Uses
The discretionary uses listed in the Use Zone Tables may be permitted at the discretion of
Council, provided that they are complimentary to uses within the permitted use class, or
that their development will not inhibit or prejudice the existence or the development of
such uses. (Refer to the Development Standards set out in Chapters 3, 4, 5, 6).
Discretionary uses may be allowed, with or without conditions, after Council undertakes
the following determinations:
a. Council must be satisfied that the development would not be contrary to the
general intent and purpose of these Regulations, the Municipal Plan, policies and
Future Land Use Map, or any further scheme or plan or regulation pursuant
thereto, and to the public interest.
b. Whether it is necessary to attach conditions to an approval that differ from the
standard conditions in the Development Regulations to ensure that the
discretionary use is compatible with nearby uses and the predominant uses of the
zone;
c. whether these is appropriate for the site
Council is required to provide public notice of Discretionary use applications and shall
consider any objections or representations which may have been received on the matter.
3.1.3
Accessory Uses and Accessory Building
A permit is required for accessory uses and accessory buildings. Accessory use means
aiding or contributing in a secondary way to a principal use to carry out its function.
Definitions, examples and notification requirements regarding accessory uses and
accessory buildings is provided in Sections 3. 3 and 3.4.
3.1.4
Uses Not Permitted
Uses that are not listed as Permitted or Discretionary Use on a Use Zone Table shall not
be permitted in that Use Zone, except for Accessory Uses and Buildings as set out in
Sections 3. 3 and 3.4.
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3.1.5
Uses Permitted in All Land Use Zones
The following uses will be permitted in all land use zones:
1. Environmental protection uses;
2. Open space, park, & trail uses;
3. Mineral exploration not classed as 'Development';
4. Development associated with public infrastructure and municipal services, including
public infrastructure and utilities;
5. Accessory use: Wharf/boathouse/slipways/breakwater, subject to 3.4.3.4 are Permitted
uses where they are accessory to a Principal use; and a Discretionary use when not
accessory to a Principal use.
6. Accessory Uses and Accessory Buildings, provided the buildings are clearly incidental
and complimentary to the main buildings' character, size and use.
Note that as trails are permitted in all zones, the following considerations apply:
(1) Wherever space and terrain characteristics allow, the appearance and use ofwell-
known trails and/or mapped trails (including the Track and the East Coast Trail) shall
be protected by natural vegetation buffers that separate the trail and other forms of
development and from hazard areas and areas subject to erosion, such as river and
brook banks. The vegetation buffer shall be deep enough to prevent shallow rooted
trees being knocked over by wind.
(2) As a condition of a development permit the Town may require that a trail corridor be
deeded to the Town or a non-profit group approved by the Town.
3.1.6
Development Conditions and Standards
1. All Development within the Municipal Planning Area must conform to:
a. Policies set out in the Municipal Plan;
b. Development standards and ·conditions set out in the Development Regulations
c. Standards set out in the National Building Code and ancillary codes (plumbing,
electrical, etc.);
d. Any other municipal regulation in force in the Municipal Planning Area regulating
or controlling development, conservation, heritage, fences, and use of land and
buildings under the Municipalities Act, 1999;
e. Requirements of Federal and Provincial legislation, regulations, policies and
guidelines.
2. If Council is aware that a proposed development may not comply with Provincial or
Federal legislation, it may require the applicant to provide confirmation that necessary
government approvals have been obtained before issuing a development permit.
3. If Council deems that a proposed development may trigger the requirements of the
Environmental Assessment Act, the proponent will be advised to consult with the
Town of Cape Bmyle
Development Regulations 2024-2034
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Environmental Assessment Division and a development permit cannot be issued until
this process is complete.
4. Where these Regulations are more stringent than Provincial or Federal legislation,
these Regulations will apply.
5. If the proposed development is not a use that is a permitted or discretionary use in the
Zone where the land is located; then, the applicant may consider an application to
amend the Development Regulations to rezone the property. Note that this may also
require an amendment to the Municipal Plan if a policy change is required.
Town. of Cape Broyle
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3.2
LAND USE ZONES
3.2.1
MIXED-RESIDENTIAL/COMMERCIAL ZONE
PERMITTED USES
-Single Detached
Dwelling ( 4. 7.1)
-Semi-Detached Dwelling
(Double dwelling) ( 4. 7.2)
- Townhouses (4.7.3)
-Urban Agriculture
(4.2.2)
-Home businesses-(5.3.1)
only those set out in
Condition 3-all others are
discretionary uses
-Child Care - Non-
residential (Note:
residential child care is
under Home Business)
(4.3.9)
-Uses set out in 3.1.5
DISCRETIONARY USES
-Amusement Establishment/Use (4.3.1)
-Apartment Building (4.7.5)
-Building Supply Store (4.3.6)
-Business Support Service (4.3. 7)
-Campground, including RV campgrounds (4.3.8)
-Cemetery ( 4. 6.1)
-Club and Lodge (4.3.10)
-Convenience Store (4.3.12)
-Custom Manufacturing Service and Sales -(small/artisan) (4.3.13)
-Day Care-Residential (5.3.2.3)
-Garage, Public parking /taxi stand (4.3.14)
-General Service/Repair Shop (4.3.15)
-Home businesses-(5.3.1)-see Condition 4
-Hotel or Inn (4.3.16)
-Medical or Dental Clinic/Office (4.3.18)
-Mini-Home and Mobile Homes ( 4. 7.4)
-Mobile Street Vendor (non-food) or office (4.3.29)
-Motel (4.3.19)
-Offices: Professional, Financial &Associated Support Services (4.3.23)
-Outdoor Commercial Patio (4.3.20)
-Outdoor Market (4.3.21)
-Personal Service (4.3.22)
-Protective and Emergency Services (4.6.3)
-Public Gathering Places - Outdoor (4.6.5)
-Public Gathering Places -Indoor (4.6.4)
-Resort - Tourist Establishment (4.3.24)
-Restaurants (4.3.25): Take-Out (4.3.25.1), Full-Service (4.3.25.2)
-Mobile Take-Out or Street Vendor (4.3.25.3)
-Retail (4.3.26)
-Service Station (4.3.27)
Short Term Rental (4.3.30)
-Supportive Housing (4.7.7)
-Veterinarian Clinic (4.3.28)
Town of Cape Bl'oyle
Development Regulations 2024-2034
Conditions
1. Development must conform to the requirements of Section 3.1.6.
2. Onsite Water and Sanitary sewer standards must comply with Service NL regulations.
Also, at the determination of Service NL, a Groundwater Assessment may be
necessary.
3. Home business permitted uses include:
i. Professions, such as an accountant, architect, auditor, engineer, realtor,
insurance agent, planner, lawyer;
ii. Artisan and other home crafts;
iii. Any business applying for only a phone/fax/internet service
4. Home business as a discretionary use include:
i.
Food preparation for catering services and baking;
ii.
Music and dance lessons and educational tutoring
iii.
Personal service that do not disrupt the residential character of the
neighbourhood, such as a hairdressing, tailor, photographer, pet
groomer, caterer's establishment, shoe repair, dressmaking, sewing
repairs and tailor shop, small appliance, dock/watch, bicycle, ski and
snowboard and computer repair, locksmiths, manicurists;
iv.
Care services, such as child care, or home-care; and similar
occupations or businesses.
v.
Art gallery and framing shop;
vi.
Pet grooming services;
vii.
Bed and Breakfasts;
viii.
Boarding House
IX.
Home Care-Residential
x.
Furniture repair and upholstery;
xi.
Sale of bedding plants and trees grown on the same lot;
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Lot area (m2)
Franta e m *
Height (m)
Lot Coverage
Minimum Standards:
No
services
provided
1860
0
8
10
Front yard (building line) (m)
Side ard m
Flanking yard (m)
Rear ard (m)
- Maximum Standards
Height (m)
Town of Cape Broyle
Development Regulations 2024-2034
One service:
water
2
8
10
Biogreen Secondary Wastewater
Treatment system
With on-site
With off-site
drilled well
water source
1395
93°
2
8
8
10
10
At the discretion of Council
1 -
at the discretion of Council
4 - 6 at the discretion of Council
5
15
3.2.2
MIXED DEVELOPMENT ZONE
PERMITI'ED USES
-Single Detached Dwelling
(4.7. 1)
-Semi-Detached Dwelling
(Double dwelling) ( 4. 7.2)
-Townhouses (4.7.3)
-Urban Agriculture (4.2.2)
- Home businesses-(5.3.1)
only those set out in
Condition 3-all others are
discretionary uses
-Child Care-Non-residential
(Note: residential child care is
under Home Business) (4.3.9)
-Uses set out in 3.1.5
Town of Cape Broyle
Development Regulations 2024-2034
DISCRETIONARY USES
-Amusement Establishment/Use (4.3.1)
Amusement Park/Attraction ( 4.3.2)
Apartment Building (4.7.5)
Automotive Repair Shop (4.3.4)
Bar/Licenced Liquor Establishment (4.3.5)
Building Supply Store (4.3.6)
Business Support Service ( 4.3. 7)
Campground, including RV campgrounds (4.3.8)
Cemetery ( 4. 6.1)
Club and Lodge (4.3.10)
Commercial Agriculture (4.2.1)
Contractor-General (4.4.3)
Contractor, Limited (Small) (4.3.11)
Convenience Store (4.3.12)
Custom Manufacturing Service and Sales (small/artisan)
(4.3.13)
Day Care-Residential (5.3.2.3)
-Garage, Public parking /taxi stand ( 4.3.14)
General Service/Repair Shop (4.3.15)
-Home businesses-(5.3.1) those not set out in Condition 3
(which are permitted) listed below in Condition 4
Hostel (4.7.9)
Hotel or Inn (43.16)
Industrial - General (4.4.7)
Industrial - Light (4.4.8)
Industrial Mall (4.4.9)
Kennel (4.2.2.4)
Medical or Dental Clinic/Office (4.3.18)
Mini-Home and Mobile Homes (4.7.4)
Mobile Street Vendor (non-food) or office (4.3.29)
Motel (4.3.19)
Natural Resource-Related Uses ( 4.4.13)
Outdoor (4.6. ) Gara e, Public arkin /taxi stand (4 .. 14)
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PERMITTED USES
Town of Cape Broyle
Development Regulations 2024-2034
DISCRETIONARY USES
Outdoor Commercial Patio (4.3.20)
Outdoor Market (4.3.21)
Personal Service (4.3.22)
Veterinary Clinic (4.3.28)
Protective and Emergency Services (4.6.3) Offices: Office-
Offices-Professional, Financial and Associated Support
Services (4.3.23)
Public Gathering Places-Outdoor ( 4. 6. 5)
Public Gathering Places -Indoor (4.6.4)
Resort - Tourist Establishment (4.3.24)
Restaurants (4.3.25): Take-Out (4.3.25.1), Full-Service
(4.3.25.2), Mobile Take-Out or Street Vendor (4.3.25.3)
Retail (4.3.26)
Service Station (4.3.27)
Short Term Rental (4.3.30)
Sports and Recreation facilities (4.6.6)
Supportive Housing (4.7.7) Townhouses (4.7.3)
Veterinarian Clinic (4.3.28)
lW~JW~:,:~11rK:,;r,~~·n,·~%:;\,:;;181- 1~-~fiti~':.-·:;.1t::ti\'Ll,'.~i~~(
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Biogreen Secondary
No
One
Wastewater Treatment
services
service:
With on-site
With off-site
provided
water
drilled well
water source
Lot area (m2)
1860
1400
1395
93°
Franta e m *
0
2
2
18
Buildin Line Setback m
8
8
8
8
Side ard Width m
Side yard, Flanking (m)
15
10
10
10
Hei ht
10
10
10
10
Lot Coverage
;i . ;;\i;/\i;f';}'''i ,:.:ri~B0jli~Jl§r~fiwis~!M~D:·b~)fflt~il~&~mllii:1Ww\·::i:}ili{~
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.
·,·:
Minimum Standards:
Front yard (building line) (m)
Side vard (m):
Flanking yard (m):
Rear yard (m):
Maximum.Standards
Height (m)
Town of Cape Broyle
Development Regulations 2024-2034
At the discretion of Council
1 - ~ at the discretion of Council
4 - 6 at the discretion of Council
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Conditions
1. Development must conform to the requirements of Section 3.1.6;
2. Onsite Water and Sanitary sewer standards must comply with Service NL regulations.
Also, at the determination of Service NL, a Groundwater Assessment may be
necessary.
3. Home business permitted uses include:
a. Professions, such as an accountant, architect, auditor, engineer, realtor,
insurance agent, planner, lawyer;
b. Artisan and other home crafts;
c. Any business applying for only a phone/fax/internet service
4. Home business as a discretionary use include:
1.
Food preparation for catering services and baking;
ii.
Music and dance lessons and educational tutoring
iii.
Personal service that do not disrupt the residential character of the
neighbourhood, such as a hairdressing, tailor, photographer, pet
groomer, caterer's establishment, shoe repair, dressmaking, sewing
repairs and tailor shop, small appliance, clock/watch, bicycle, ski and
snowboard and computer repair, locksmiths, manicurists;
iv.
Care services, such as child care, or home-care; and similar
occupations or businesses.
v.
Art gallery and framing shop;
vi.
Pet grooming services;
vii.
Bed and Breakfasts;
viii.
Boarding House
IX.
Home Care-Residential
x.
Furniture repair and upholstery;
xi.
Sale of bedding plants and trees grown on the same lot;
Town of Cape Broyle
Development Regulations 2024-2034-
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3.2.3
ENVIRONMENTAL PROTECTION ZONE
PERMITTED USES
-Environmental Protection (4.5.1)
-Open Space, Parks and Trails (4.5.2)
-Uses set out in 3.1.5
Conditions
DISCRETIONARY USES
-Marina (4.3.17)
-Outdoor Market ( 4.3.21)
-Restaurants (4.3.25): Take-Out (4.3.25.1,
Mobile Take-Out or Street Vendor (4.3.25.3)
-Public Gathering Places - Outdoor (4.6.5)
1. Development must conform to the requirements of Section 3.1.6;
2. Any development within 15 m of a designated trail or water course will be reviewed to
ensure that development does not negatively impact such trail or watercourse and the
property owner may be required by the Town to provide a buffer.
3. Within 15 m of a waterbody, shoreline infilling conditions and areas known to be
subject to flooding:
a. For all portions of a lot that are located within 15 metres of the edge of a wetland
or the top of the stream bank of a watercourse, no building or structure will be
permitted, except for:
1.
reconstruction of a building that was in existence on the date of approval
of this Municipal Plan;
11.
an accessory building or structure to the above reconstructed building;
iii.
a passive recreational use;
iv.
wharves, boathouses, slipways and breakwaters that conform to the
guidelines provided by the Water Resources Management Division;
and/or,
v.
uses that require direct access to a body of water in buffers.
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b. A Section 48 permit under the Water Resources Act, 2002 administered by the
Water Resource Management Division of the Department of Municipal and
Provincial Affairs, and compliance with departmental policy is required, for:
i.
Any infilling work within 15 metres of a body of water; and,
ii.
Any work in Shore Water zones ("Shore Water Zone" means the land
that is intermittently occupied by water as a result of the naturally
fluctuating surface water level in a body of water which can be either
a fresh or salt water body and, in either case, the low water mark and
high-water mark of the water body defining the edges of the shore
water zone);
4. Development on any lands known to flood are required to obtain approval from the
Water Resources Management Division before an application can be approved.
Town of Cape Brnyle
Development Regulations 2024-2034
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3.2.4
OPEN SPACE, PARKS AND TRAILS ZONE
PERMITTED USES
DISCRETIONARY USES
- Public gathering places-outdoor (4.6.5)
-Conservation-All (4.5) including
environmental protection and open space
and trails uses;
-Restaurant-Mobile Take Out, Street Vendor
only (4.3.26.3)
-Sports and Recreation Facilities (4.6.6)
-Vendor-retail merchandise and office (4.3.31)
-Outdoor Market (4.3.22)
-Public Gathering Places-Outdoor (4.6.5)
-Uses set out in 3.1.5
Conditions
1. Development must conform to the requirements of Section 3.1.6;
2. Development standards for Open Space, Parks and Trails are at the discretion of
Council;
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3.2.5
HERITAGE CONSERVATION ZONE
PERMITTED USES
-Urban Agriculture: Community Garden
(4.2.2.1)
DISCRETIONARY USES
-Outdoor Market (4.3.21)
-Institutional Use (4.6.2) Subject to
Condition 2
Mobile Take-Out or Street Vendor (4.3.25.3)
-Public Gathering Places -Indoor (4.6.4)
-Public Gathering Places - Outdoor (4.6.5)
-Uses set out in 3.1.5
Minimu.ii·stclll.dards in Metres
1
8
at the discretion of
Flankin
8
Rear ard m
· Maximum Standards
Covera e %
%
Conditions
1. Development must conform to the requirements of Section 3.1.6
2. This use is limited to the municipal facilities, such as, the Town Hall
3. Development standards must comply with Mixed Development zone standards;
Town of Cape Broyle
Development Regulations 2024-2034
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3.2.6
INDUSTRIAL ZONE
,.
'·
USE ZONE TABLE: INDUSTRIAL ZONE
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PERMITTED USES
DISCRETIONARY USES
-Fishery Use (4.4.5)
-Contractor, General (4.4.3)
-Industrial - General (4.4.7)
-Uses set out in 3.1.5
Conditions
1.
Development must conform to the requirements of Section 3.1.6
2.
All industrial general uses shall provide information regarding access/egress and
on-site parking and loading details.
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Development Regulalions 2024-2034
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PUBLIC UTILTY ZONE
USE ZONE TABLE: PUBLIC UTILITY ZONE ·
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PERMITTED USES
-Energy Generation Facilities (4.4.4)
-Easement (4.8.2)
-Utilities (4.8.3)
-Uses set out in 3.1.5
Town of Cape Broyle
Development Regulations 2024-203.1,
DISCRETIONARY us·Es
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3.2.8
RURAL ZONE
PERMITIED USES
-Commercial Agriculture (4.2.1)
-Urban Agriculture (4.2.2)
-Forestry Activities (4.4.6)
-Uses set out in 3.1.5
Conditions
DISCRETIONARY USES
Amusement Park/Attraction (4.3.2)
Campground, including RV campgrounds (4.3.8)
Cemetery ( 4. 6.1)
Composting Facility ( 4.4.2)
Contractor, General (4.4.3)
Cottage (or Cabin) (4.7.6)
Crematorium (4.4.1)
Energy Generation Facilities (4.4.4)
Industrial - General (4.4.7)
Kennel (4.2.2.4)
Mineral Working (4.4.11)
Mining ( 4.4.12)
Natural Resource-Related Uses (4.4.13)
Outdoor Market (4.3.21)
Resort- Tourist Establishment (4.3.24)
Salvage/Scrap Yard (4.4.14)
Single Detached Dwelling (4.7.1)- only if associated with an
agricultural development;
Solid Waste Recycling/Disposal & Composting Site (4.4.15)
1.
Development must conform to the requirements of Section 3.1.6;
2. The Development standards are at the discretion of Council.
3. Cottages that are accessible by road must be located within a cottage subdivision. By
definition, remote cottages are not accessible by road; therefore, this restriction does
not apply.
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3.2.9
RESIDENTIAL SUBDIVISION AREA ZONE
PERMITI'ED USES
DISCRETIONARY USES
Uses permitted in all zones (3.1.5)
-Accessory uses (5.1)
Conditions:
1.No new development can take place until a planned unit application or subdivision
application has approved and an appropriate amendment has been carried out.
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3.2.10 PROVINCIAL INTEREST OVERLAYS
The following overlays are indicated on the Land Use Zoning map and the requirements
related to these overlays are indicated below:
Building Control Line (Protected Road Zoning Regulations, 1996):
1) A permit is required from Digital Government and Service NL for any development
within the Building Control line as shown on the Land Use Zoning map as well as the
Permit from the Town of Cape Broyle;
East Coast Trail
2) The following buffers apply to the East Coast Trail:
a. A referral buffer is established for the East Coast Trail as an overlay on the Land
Use Zoning mapping, where in the Rural zone, a 250-metre referral buffer is
established where applications would be referred to the East Coast Trail
Association and the Town of Cape Broyle.
b. Elsewhere in the Municipal Planning area, the following development
restrictions apply with regard to the East Coast Trail in the community:
1.
A minimum buffer of 15 metres on either side of the trail shall be
maintained except in respect of privately owned lands where the land
is deeded or assigned to the Town or a non-profit body, the
minimum buffer shall be 7.5 metres from the centre-line of the trail
to create a 15-metre-wide trail corridor.
ii.
Within the buffer of a trail, only public utilities and roads may be
allowed. No other development is permitted on or near the trail.
iii.
No development shall take place within 100 metres of the East Coast
Trail unless it has been reviewed by the East Coast Trail Association
and approved by the Town.
Survey Control Monuments
3) The Town must inform the Surveys and Mapping Division when a proposed
development is proposed in the vicinity of a Survey Control Monument. There are 7
monuments in the Municipal Planning Area and these can be found at the GIS and
Mapping Division website: https://arcq.is/ylHiH;
Heritage Sites
4) There are heritage sites that the Town has designated under the Municipalities Act,
1999 for heritage conservation, including Immaculate Conception Roman Catholic
church and grounds, the Immaculate Conception Cemetery, O'Brien's General Store,
Mulcahy's Stage and the Whale Station on the southern shore. These sites are to be
preserved for their heritage value and development in the vicinity of these sites must
take the heritage value into consideration.
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ACCESSORY USES
3.3.1
General Accessory Uses
Definition: Accessory Use as defined in the Minster's Development Regulations (see
Schedule C) " ... 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 ... "
Examples of accessory uses and buildings subsidiary to a primary use include, but are not
limited to, the following:
a. facilities for the serving of food and alcoholic beverages in an arena or other public
gathering place, adult day care, senior's residence, marina, or hotel;
b. childcare, catering, convenience and take-out food service maybe permitted as an
accessory use to a recreational facility, provided that they are contained within the
building envelope of the recreational building;
c. a gift or souvenir shop in a museum, hotel or other public institutional
establishment;
d. an office, convenience store, or small catering establishment in a campground;
e. a dock, wharf, slip or stage associated with a permitted use; exception includes a
storage building and workshop only if it does not detract from the nature of the
neighbourhood;
f. a storage building or workshop;
g. a subsidiary apartment which is a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling or commercial building;
h. a home business;
i. a residence only associated with a resource use, such as a farm house on an
agriculture farm operation;
j. a satellite dish or similar device attached to a building;
k. a wind generator, solar panel, radio antenna, or similar device;
1.
an office or storage building associated with a commercial building; and,
m. a workshop or storage building dock associated with an industrial use.
General Condition for all accessory uses:
(1)
Must conform to Use Zone Table in which the primary permitted use is located;
3.3.2
Subsidiary Apartments
Definition: Subsidiary apartment means a separate dwelling unit constructed within, or
attached to, and is subsidiary to a single detached dwelling.
Conditions:
1) One subsidiary apartment may be permitted in a single detached dwelling only;
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2) A subsidiary apartment shall be contained within the same building as the primary
residential use.
3) Council may consider a subsidiary apartment for seniors as a granny suite built as an
attachment to the main floor of the principal single detached residential dwelling.
4) For the purpose of calculating lot area and yard requirements, the subsidiary
apartment shall be considered part of the single detached residential dwelling.
5) A minimum of one off-street parking spaces shall be required for the subsidiary
apartment.
6) The minimum floor area required is 40 m2 for a one-bedroom subsidiary apartment,
plus 10 m2 for each additional bedroom.
7) The apartment shall not alter the appearance of the structure as a single detached
residential dwelling;
8) The apartment shall have a separate entrance/egress to the outside;
9) The apartment must be completely self-contained, with facilities for cooking, sleeping,
and bathing.
10) For lots without municipal water, Service NL shall determine water and sewerage
disposal requirements and a permit may be issued subject to its approval.
3.4
ACCESSORY BUILDINGS
3.4.1
Accessory Buildings - General
Definition: As defined in the Minster's Development Regulations (see Appendix
"Accessory Building accessory building includes
(i) a detached subordinate building not used as a dwelling, located on the
same lot as the main building to which it is an accessory and which has a use
that is customarily incidental or complementary to the main use of the
building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming
pools, greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters
for domestic pets or radio and television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;"
General Conditions:
(1) Accessory buildings are permitted in each use class provided the buildings are clearly
incidental and complimentary to the main buildings' character, size and use.
(2) Accessory buildings shall not be used for human habitation.
(3) The side yard requirements set out in the applicable Use Zone Tables shall apply to
accessory buildings wherever they are located on the lot but accessory buildings on
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two (2) adjoining properties may be built to property boundaries provided they shall
be of fire-resistant construction and have a common firewall.
{4) Quonset style/steel buildings may only be permitted within the Rural Zone.
(5) Shipping containers (sea cans) are not permitted as an Accessory Building;
{6) Accessory buildings shall not be located in an easement;
3.4.2
Accessory Buildings - Residential Use Classes
Conditions
(1) Location:
a. An accessory building shall not be built within any easement area;
b. Accessory buildings shall not be located in front of the building line (front yard) on
the street which the building has its legal civic address.
EXCEPT: where an accessory building on a corner lot may be located in front of the
building line on the flanking yard provided the location does not impede visibility
on the flanking street, and the accessory building is set back a minimum of 8 m
from the flanking street; these accessory buildings are limited to 50 m2 - provided
that:
i.
A public notice has been advertised in accordance with the requirements for
Variances;
ii.
The slope of the lot and/or natural screening effectively blocks the view of
the building from the street and adjoining properties. The placement of the
building must not negatively affect neighbouring properties; and,
iii.
A site plan is submitted showing all buildings on the lot including the
proposed accessory building.
(2) Size: The maximum size for an accessory building located in the rear yard is 'f/o of the
size of the property, at Council discretion;
(3) Setbacks: A minimum of 1 metre from any property boundary; and, 2.4 metres from
any building and 3 metres from the nearest part of a residential structure;
{4) Height:
.
a. Where the residence {primary use) is one-storey in height, the accessory
building shall not exceed the height of the primary building;
b. Where the primary building (single detached dwelling, detached dwelling,
townhome, etc.) is more than two stories in height, the accessory building
cannot be greater than 2/3 the height of the primary building;
(5) Accessory buildings shall not be used for commercial or industrial uses on a
residential property, regardless of the use zone in which it is located, unless Council
has issued a permit for such use;
( 6) Repairs to vehicles, other than minor vehicle maintenance, are prohibited in accessory
buildings;
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(7) No truck, bus, semi-trailer, or other vehicle body shall be used as an accessory
building);
(8) Except for minor maintenance, no accessory building will be used for the repairing,
painting, dismantling, or scrapping of vehicles or machinery;
(9) An accessory building may be used for a home business as outlined in home business
section.
(10)
Exterior Cladding: With the exception of greenhouses, the exterior cladding of the
accessory building shall match or coordinate with the exterior siding of the main
dwelling on the lot and shall be residential in character.
(n) In making discretionary decisions with respect to accessory buildings, Council shall
consider:
a. The location of the accessory building on the lot;
b. The size of the accessory building compared to the dwelling on the lot and
the size of structures on neighbouring properties;
c. Visibility of the structure from neighbouring properties and/ or street;
d. If the accessory building will block a view and/or light from adjoining
properties;
e. The use of the accessory building;
f. Site conditions, such as topography and the presence of wetlands; and
g. Any other on-site conditions that may warrant Council's considerations.
3.4.3
Accessory Buildings- Non-Residential
3.4. 3.1 General
An accessory building associated with a non-residential use shall be permitted, subject to
the following requirements:
(1) an accessory building shall be located on the lot so that it has no undesirable impact
on the private enjoyment of any adjoining residential lots;
(2) the use of an accessory building shall be directly related to the principal use or
building on the lot;
(3) an accessory building shall not be erected or placed upon any easements;
(4) an accessory building shall maintain a minimum side yard and rear yard of 1 metre;
(5) an accessory building shall maintain a minimum separation distance of 3 metres from
the main building;
(6) radio and television antennae shall have a maximum height of15 metres;
(7) the exterior siding of an accessory building shall match or be complimentary to the
exterior siding of the principal building on the lot.
(8) For a use that could occur in residential, public/institutional, commercial and
industrial zones, a wharf/Boathouse/Slipway/Breakwater is subject to 3.4.3.2.
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3.4. 3.2 Wharf/Boathouse/Slipway /Breakwater
(1) Must meet Use Zone Site Development Conditions;
(2) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
(3) Wharf /Boathouse/Slipway /Breakwater structures shall follow the guidelines for the
Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses.
(4) The Applicant must obtain a permit under of the Water Resources Act, 2002 under
Section 48 for any infilling or dredging work associated with these structures or other
works near or in any body of water prior to the start of construction.
3.5
HOME BUSINESSES
Accessory uses in residential areas are primarily those subsidiary activities occurring in
homes; these are most commonly referred to as 'home businesses' and are sufficiently
prevalent to require specific standards to ensure that the intent of each residential zone
can be protected for the enjoyment of its residents.
3·5·1
Home Business: Definition and examples
Definition: General home business means a subsidiary use of a dwelling or associated
accessory building for commercial use involving the provision or sale of goods and/ or
services without detracting from the residential character of the neighbourhood in terms
of traffic, or any other nuisance. This does not include Remote work (also known as work
from home [WFH] or telecommuting) is a type of flexible working arrangement that
allows an employee to work from remote location outside of corporate offices.
Home Business examples may include, but are not limited to:
1. Professions, such as an accountant, architect, auditor, engineer, realtor, insurance
agent, planner, lawyer;
2. Artisan and other home crafts;
3. Telephone and mail order business;
4. Food preparation for catering services and baking;
5. Music and dance lessons and educational tutoring
6. Personal service that does not disrupt the residential character of the
neighbourhood, such as a hairdressing, tailor, photographer, pet groomer, caterer's
establishment, shoe repair, dressmaking, sewing repairs and tailor shop, small
appliance, clock/watch, bicycle, ski and snowboard and computer repair,
locksmiths, manicurists;
7. Care services, such as child care, or home-care; and similar occupations or
businesses.
8. Art gallery and framing shop;
9. Pet grooming services;
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10. Bed and Breakfasts;
n. Boarding house
12. Home Care-Residential
13. Furniture repair and upholstery;
14. Sale of bedding plants and trees grown on the same lot;
15. Any business applying for only a phone/fax/internet service is permitted;
16. Discretionary Uses as approved by the Authority.
Exclusions:
An accessory home business shall not include any business activity related to any of the
following uses:
1. Occupations that discharge or emit odors, noxious or toxic matter or vapors; heat,
glare, noise and/or radiation;
2. Manufacturing, welding or any other light industrial use;
3. The salvage, repair, maintenance or sales of motor vehicles, or motor vehicle engines
or parts;
4. Tow truck operations;
5. The use of mechanical or electrical equipment except as ordinarily utilized in purely
domestic, household, recreational hobbies or a home office use;
6. The use of any motor vehicle exceeding 4,500 kg licensed gross vehicle weight, or a
commercial vehicle unless such vehicle is completely enclosed within a building;
7. Materials and commodities that involve delivery to and from the home business
residence in such bulk or quantity as to require regular or frequent delivery by a
commercial vehicle or trailer;
8. Business that results in traffic congestion, on street parking overflow, electrical
interference, fire hazards or health hazards;
9. Veterinary clinics, pet breeding and boarding kennels;
10. Orchestra and band training;
n. Office uses that generate regular daily visits by clients, as in a clinic;
12. Public gathering use;
13. Telephone or mail order sales of goods where customers enter the premises to inspect,
purchase or take possession of goods;
14. Warehouse outlet;
15. Contractors Yards;
16. Adult Entertainment Uses; and,
17. Any other use that is not complimentary to the quiet enjoyment of a residential
neighbourhood.
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3.5.2
General Development Conditions for Home Businesses
1) The use is clearly subsidiary to the residential use, does not alter the character of the
property or detract from the residential character of the neighbourhood. The primary
use of the property remains residential and the scope and intensity of the use classes is
entirely compatible with the residential uses of the property and neighbourhood;
2) The external appearance of the dwelling or accessory building shall not be changed by
the home business.
3) Activities associated with the use are not hazardous, and are not a nuisance to the
occupants of adjacent dwellings; no mechanical equipment is used except that is
reasonably consistent with the use of a dwelling
4) No regular parking of commercial vehicles or trailers except for one vehicle with a
gross weight of no greater than one tonne will be permitted.
5) The residence is occupied by the operator of the home business, except for Short Term
Residential Rentals.
6) The business within the dwelling must be owned and operated by 1 ( one) resident of
the dwelling. The property owner must authorize an application for a home business
by a resident who is not the owner of the property.
7) There shall be no use or storage of hazardous or dangerous materials.
8) Any retail sales are incidental and subsidiary to the approved use; no wholesale or
retail sale of goods is externally apparent, for example, if sale of crafts occurs, it does
not occur through walk-in or drive-in trade. A home business is not a retail shop, nor
for customer destination wholesale sales.;
9) The residential lot has sufficient area to accommodate the parking and loading
requirements of the dwelling unit and the home business. In addition to the two
required parking spaces for a residential zone use, a home business shall provide one
additional parking space for each non-resident employee working at such facility. The
home base business applicant shall provide a site plan that indicates the parking
spaces location and any landscape improvements related thereto at time of business
license application.
10) The only home businesses that can be conducted outside the dwelling or accessory
building are non-farm operation animal husbandry and market or home garden uses
as defined under 'Agriculture - Urban' and Child Care.
n) A non-illuminated identification sign not exceeding 0.2 m2 in area shall be permitted
provided that the sign is consistent with the residential character of the
neighbourhood.
12) Council may require fencing, screening, and/or a minimum buffer to protect the
amenity of adjacent uses.
13) The home business will not create traffic safety or traffic congestion concerns. The
use shall not generate traffic in excess of an average of 3 customer visits per hour and
no home business will operate between 9 pm and 7 am.
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14) Sufficient off-street parking must be provided; one dedicated parking spot is required
if there is the allowed employee of the home business working in the dwelling. If
there will be customer visits, adequate parking shall be provided to ensure no parking
on the street by residents, staff, or customers from the property housing the home
business. Parking shall respect and maintain the residential character of the
neighbourhood;
15) The home business will adhere to all other conditions that Council considers
necessary to protect the amenity of adjacent uses and the neighbourhood.
16) The home business will not use water or generate sewage in excess of what is normal
is the residential area and can be accommodated by the municipal water supply and
sewage system.
17) The use must be carried out inside the dwelling unit or inside an accessory building
located on the same lot; the home business will occupy:
a. no more than thirty percent (30%) of the total floor area of the dwelling unit to
a maximum of 55 m2 can be used for the home occupation; and,
b. the home business can be housed all or in part of an accessory building.
3.5.3
Development Conditions for Specific Home Businesses
3.5.3.1 Bed and Breakfast
Definition: Bed and breakfast, sometimes referred to as a hospitality home or inn,
means an owner-occupied or owner-managed dwelling for paid temporary
accommodation with no more than four (4) guest rooms. The establishment may include
a self-serving dining area for the use by overnight guests. Catered dining may be
considered on a limited-use basis. It does not include a hotel, motel or hostel.
Conditions:
(1) The principal use of the residential dwelling unit shall continue to be the home for the
ongoing occupation by a single family; no other use such as for a Residential Care or
Boarding use shall be permitted at the same time as a Bed and Breakfast use;
(2) The person(s) operating the Bed and Breakfast shall hold a valid license issued by the
agency/ agencies having jurisdiction or authority.
(3) No more than four bedrooms accommodating not more than eight persons at any one
time may be used by residential homes for a Bed and Breakfast use;
(4) Bed and Breakfast amenities include a minimum of sleeping accommodation area per
bedroom of 12 m2 and full bathroom facilities with potable hot and cold water for each
bedroom;
(5) A Bed and Breakfast Use is not permitted within a subsidiary apartment, a mobile
home or within multi-unit dwellings units in the zones;
(6) Must conform to Use Zone Table and conditions;
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3.5.3.2 Boarding House
Definition: Boarding house or lodging house means a single detached dwelling in which
rooms are regularly rented to 3 or more persons other than the immediate family of the
owner or tenant. Guests are semi-permanent boarders/lodgers, whereas hotel guests are
travelers and transient guests. For clarification, no permit is required for 1 or 2 boarders in
a single detached dwelling.
Conditions:
(1) Must conform to Use Zone Table and conditions and General Standards for Home
Businesses
3.5.2.3 Day Care: Residential
Definition: Day care or family and group care means a single detached dwelling
accommodating up to but no more than six ( 6) persons exclusive of family or staff
receiving care in a home-like setting, for example, group homes, halfway house, child,
adult care (seniors) or disabled persons.
Conditions
A family group care centre use is permitted in any dwelling that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff, provided that,
in the opinion of Council:
(1) The section of the street on which the use is located allows sufficient area and sight
distance for the safe and convenient drop off and pick up of children without
hindering the safety and convenience of vehicular and pedestrian traffic on the street,
or the development provides adequate off-street drop off or pick-up spaces satisfactory
to Council;
(2) the use is compatible with nearby uses; that is, the use of the dwelling does not
materially differ from, nor adversely affect, the amenities of adjacent residences or the
surrounding neighborhood;
(3) the use shall occupy a maximum of forty percent (40%) of the floor area of the
dwelling unit;
(4) the use shall have a maximum of six ( 6) adult day care users present at any time;
(5) the operator of the day care shall maintain the dwelling in which the use is located as
his/her primary residence;
( 6) the use shall operate only during the full daytime period between 7:30 a.m. and 7:00
p.m.
( 7) Council may require special access and safety features to be provided for the
occupants before occupancy is permitted.
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3.5.3.4 Parking for Home Business
(1) In addition to the two required parking spaces for a residential zone use, a Home
Business shall provide one additional parking space for each non-resident employee
working at such facility;
(2) The Home Base Business applicant shall provide a Site Plan that indicates the parking
space location and any landscape improvements related thereto at time of business
license application.
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4.0
LAND USE TYPE/CLASS DEFINITIONS AND CONDITIONS
4.1
INTERPRETATION
The land use definitions provide a description of the use or development in terms of its
structural form and level of activity generated in terms of pedestrian or vehicular traffic,
noise, visual appearance, and any other considerations that constitute the impact the
neighbourhood, street or zone in which it occurs. The examples provided are not
intended to be exhaustive so that if a new use with a modern 'label' fits a category of use
defined under a land use class, Council may, in its discretion apply the relevant the
regulations and conditions accordingly. Wherever possible, the goal was to achieve
consistency with federal and provincial terms and definitions.
The land use and development definitions are organized by land use class as required by
Section 13 (1) ( c) of the Urban and Rural Planning Act, 2000.
4.2
AGRICULTURE LAND USE CLASS
4.2.1
Commercial Agriculture:
Definition: Commercial Agriculture means of farm operation as specified in the Farm
Practices Protection Act, 2000; set out as follows, A farm operation:
"means an agricultural activity conducted by a farmer for gain or reward or with the
expectation of gain or reward and includes
(i) growing, producing, raising or keeping animals or plants or the primary products of
those animals or plants
(ii) composting,
(iii) clearing, draining, burning, irrigating or cultivating land,
(iv) using farm machinery, including vehicles on public roads, equipment, devices,
materials and structures,
(v) applying fertilizers, manure, pesticides or biological control agents,
(vi) operating farm produce stands or agricultural tourist operations, including U-Pick
farms or roadside stands, and
(vii) preparing farm products for distribution for wholesale or retail consumption
including the cleaning, grading or packaging of those products;"
Conditions:
(1) No structure for a Livestock and Poultry Farm Operation shall be erected or used
unless it complies with the conditions set out in the 'Environmental Farm Practices
Guidelines for Livestock Producers in Newfoundland and Labrador' and
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'Environmental Farm Practices Guidelines for Poultry Producers in Newfoundland and
Labrador', as follows:
a. The structure shall be at least 300 m from:
1. 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 Table of these Regulations),
ii. an area designated for residential use in an approved Plan, and
m. a Provincial or Federal Park.
(2) The structure shall be at least 45 m from the boundary of the property on which it is to
be erected.
(3) The structure shall be at least 90 m from the centre line of a street.
(4) The erection of the structure shall be approved by the Land Stewardship Resource
Division, Government of Newfoundland and Labrador.
(5) Manure storage must be located 100 m from the boundary of the property; Service NL
must approve all manure systems
( 6) 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 Land Stewardship Resource Division, Government of
Newfoundland and Labrador.
( 7) Approvals must be obtained from the Land Stewardship Resource Division,
Government of Newfoundland and Labrador for any commercial farming operation.
(8) The Town, in its discretion, may refuse to issue a permit for an agricultural operation
where in its opinion the use is likely to create an environmental hazard or a nuisance
to residences in the general vicinity of the proposed agricultural use.
(9) The identified locations of Agricultural Areas of Interest are to be protected for the
primary use of commercial agriculture. If commercial agriculture is discontinued and
there is an application for another use of the site, the Town must consult with the
Land Resource Stewardship Division before issuing any development permit.
4.2.2
Urban Agriculture
Definition: Urban Agriculture means non-farm operation agricultural activities that are
compatible within a developed urban setting and includes, but is not limited to,
horticulture, vegetable growing, fruit growing, and the use of land as market gardens,
nursery grounds, and community gardens, and the keeping of livestock and poultry.
4.2.2.1 General Conditions
(1) Urban agriculture that is conducted as a home business as determined at the
discretion of Council, must meet the requirements for a home business (refer to 5.3);
(2) A permit is not required for any small scale home gardens including residential market
garden or home gardening or keeping of household pets; a permit is required for a
kennel as defined in 4.2.2.4.
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(3) Home gardening shall generally be conducted in the rear yard of the property unless
otherwise determined at the discretion of Council.
4.2.2.2 Community Garden
A community garden use shall be subject to the following conditions:
(1) Community gardens are to be maintained in a neat and tidy fashion; and
(2) All disturbed areas not comprising the area of the community garden are to be
reinstated with a minimum of grass sods to the satisfaction of the Town.
4.2.3
Non-household pet animals in the Mixed Residential/Commercial and
Mixed Development zones
The decision regarding the number and type of non-household pet animals allowed on a
property within the Mixed Residential/Commercial and Mixed Development zones is at
the authority of Council. The need for notification regarding non-household pet animals
will be determined on a case-by-case basis.
4.2.2.4 Kennel
Definition: Kennel means a building or portion thereof used for the keeping or
boarding of more than eight (8) domestic pets, excluding livestock, kept for the purposes
of commercial breeding or showing, or for personal use, with or without veterinary care,
and includes an animal shelter.
Conditions:
(1) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
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(2) The outside perimeter of all areas related to the kennel where animals are kept shall
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be enclosed by a solid fence or fence and a solid hedge at least 1.8 m in height to
screen the areas from adjacent properties;
(3) The kennel must be located on a lot of 2 hectares or more;
(4) All buildings related to the kennel shall contain at least 8 cm of insulation in all
exterior walls and ceiling for the purpose of soundproofing;
(5) All buildings, pens and runs shall be sited not less than 15 metres from any property
line, and 90 metres from any residence except the kennel site; and,
(6) Council shall be satisfied that the kennel shall not impact upon surrounding
residential neighbourhoods.
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4.3
COMMERCIAL LAND USE CLASS
This class includes land uses and development for activities providing for the sale of
goods and services. Generally, the Use Zone standards apply; however, as required,
specific conditions are tailored to the activity and associated traffic in order to address
public health, safety and conservation issues and achieve the intent of the community of
the land use zone in which the activity is located.
4.3.1
Amusement Establishment/Use
Definition: Amusement establishment use means the use of land or a building or a part
thereof used by the public for indoor non-sport games, including but are not limited to,
billiard and pool halls, bingo hall, mechanical amusement games (more than three game
machines), video games. It does not include those on the premises of a hotel or bar.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Must address traffic access/egress and on-site movement as well as parking;
(3) For a temporary permit in particular, must address site rehabilitation after event;
4.3.2
Amusement Park/Attraction
Definition: Amusement Park/attraction means an outdoor area where buildings or
structures may be permanently or temporarily erected for the purpose of amusement,
entertainment or education of a large number of people; including but are not limited to,
a circus, carnival, midway show, race-track, sideshow, fairgrounds, or similar exhibition
which may have mechanically or electrically operated amusement rides or games, and
theme parks.
Conditions:
(1) Required to submit a Planned Unit Development application;
(2) Must meet Use Zone Site Development Standards and conditions or except for
temporary amusement operations;
(3) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
(4) Consider a buffer of 45 m between residential and Amusement Park/Attraction use;
(s) For a temporary permit in particular, must address site rehabilitation after event;
4.3.3
Auto Body Shop
Definition: An auto body shop consists of a building or a clearly defined space on a lot
used for the storage and repair of motor vehicles including body repair, painting and
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detailing, but does not include a service station or an automobile repair shop or an
automotive sales establishment.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Must be of 20 metres from a residential lot;
(3) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
(4) There shall be no outdoor storage of inoperable vehicles on the premises and no
scrapping of vehicles shall be permitted;
(5) Must apply measures to minimize any noise, spray or fumes through the installation of
appropriate equipment; and all waste fluids and tires shall be disposed of in
accordance with applicable provincial regulations;
( 6) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties; and,
(7) A parking area abutting a residential lot shall be appropriately screened by a fence,
wall, or hedge of height of about 2.4 m and located a minimum distance of 1 metre
from the edge of the parking area.
4.3.4
Automotive Repair Shop
Definition: An automotive repair shop means a development for the servicing and repair
of motor vehicles. This definition includes but is not limited to transmission repair shops,
muffler repair shops, tire shops, automotive glass shops, auto body repair, painting and
detailing, and automotive upholstery shops, but does not include an automotive sales
establishment, a service station, or salvage or wrecking and recycling yard.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise irr:-.pact on surrounding properties;
(3) There shall be no outdoor storage of inoperable vehicles on the premises and no
scrapping of vehicles shall be permitted;
(4) Outline measures to minimize any noise, spray or fumes through the installation of
appropriate equipment; and all waste fluids and tires shall be disposed of in
accordance with applicable provincial regulations;
(5) A minimum buffer between residential use and vehicle repair, body repair, car wash
shall not be located closer than 20 m from residential use; and,
( 6) A parking area abutting a residential lot may be required to be appropriately screened
by a fence, wall, or hedge of height not less than 1 m and located a minimum distance
of 1 metre from the edge of the parking area.
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4.3.5
Bar/Licenced Liquor Establishment
Definition: A Bar means a development licensed for the sale of alcoholic beverages to
the public, for consumption within the premises and where entertainment and meals may
be provided. Typical Uses include but are not limited to, dance clubs, cabarets,
nightclubs, lounges, tavern, neighbourhood pubs and bars, brewpubs, beverage rooms,
private clubs, cocktail lounges, and similar uses.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Recommend consideration of a separation distance of 100 m from a residential lot;
(3) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
4. 3.6
Building Supply Store
Definition: A Building supply store means a building or land on which building and
construction supplies and home improvement materials are kept for sale.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions; and,
(2) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
(3) Recommend that storage of supplies is appropriately screened and/ or fenced in order
to prevent unsightly property.
4.3.7
Business Support Service
Definition: A Business support service means development used to provide support
services to businesses which are characterized by one or more of the following features:
the use of mechanical equipment for printing, duplicating, binding or photographic
processing; the provision of office maintenance, custodial or security service, and the sale,
rental, repair or servicing of office equipment, furniture and machines.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions
(2) Standard: Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
4.3.8
Campground, including RV campgrounds
Definition: Campground (including RV campgrounds) means a public or privately-
operated facility offering overnight to seasonal camping experiences for 3 or more tent
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sites or serviced recreational vehicle sites, associated rental cabins, and including
accessory administrative offices, convenience store, laundry facilities, sanitary facilities,
recreational hall and associated recreational uses that cater to short-term guests, not to
year-round residents and does not include industrial, work or construction camps or
permanent mobile home or mini-home parks;
Conditions:
(1) A proposed campground, including trailer and Recreational Vehicle Park, will require
a Planned Unit Development application (2.2.2 & 2.2.4) satisfactory to Council
containing the following information:
a. Location and size of camp and trailer sites
b. Internal roads and accesses and parking areas
c. Parking areas for proposed campground
d. Accessory uses such as laundry facilities, storage areas, washrooms, showers,
convenience store, staff accommodations, and outdoor and indoor recreation
facilities
e. Water supply and waste disposal
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Landscaping for proposed campground
g. Buffers and screening between the site and other nearby land uses
h. Delineation of the property to be developed on a legal survey
i. Where deemed necessary by Council, a phasing plan for development.
j. On-site water and sewer services must meet minimum standards required by
Council and relevant Provincial agencies.
k. Washroom facilities, recreational areas, parking areas, and similar facilities
directly associated with the development will not be located on separate
properties.
(2) All camp sites and on-site facilities that form part of the development will be
accessible only via the internal road network of the development.
(3) The development permit will specify the maximum number of campsites for different
uses such as tents, trailers, and RVs that will be permitted on the site.
(4) No expansion or alteration of a campground, other than repairs and maintenance, will
take place without the approval of Council.
(5) The operation will comply with all regulations of Council pertaining to noise and
unruly behaviour.
( 6) Where deemed necessary by Council, a deposit sufficient to cover the cost of buffers
and screening shall be deposited with Council until the work is completed in
accordance with the approved plan.
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4.3.9 Child Care-Non-residential
Definition: Child care - Non-residential means a building or part of a building in which
personal care services are regularly provided to children for group day care, family day
care, pre-school, play school, out-of-school care, specialized day care, and emergency day
care, all as licensed and regulated by the Province of Newfoundland and Labrador, but
does not include a school as defined by the Schools Act, 1997. (Note: child care -
residential is found in section 3.5.3.4)
Conditions:
(1) A Child Care Centre shall be duly licensed, staffed, equipped and operated in
accordance with the requirements of the agencies having jurisdiction or authority;
(2) The section of the street on which the use is located allows sufficient area and sight
distance for the safe and convenient drop off and pick up of children without
hindering the safety and convenience of vehicular and pedestrian traffic on the street,
or the development provides adequate off-street drop off or pick-up spaces satisfactory
to Council; and,
(3) The use must be compatible with nearby uses.
4.3.10 Club and Lodge
Definition: Club and Lodge means a building or structure or part thereof used by a non-
profit association or organization for fraternal, social, or recreational purposes, including
but not limited to such examples as, the Lion's Club, Kinsmen Club.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Note that this can also be an Accessory Building
4.3.11 Contractor, Limited (Small)
Definition: Contractor, limited (small) means a building or part thereof providing
services for electrical, plumbing, heating, painting and similar contractor services to
individual households including accessory sale of goods associated with this service where
and there is no accessory manufacturing or fleet of vehicles consisting of more than 4
vehicles.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
{3) Recommend that all materials are within an enclosed building;
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4.3.12 Convenience Store
Definition: Convenience store means a building which is used as a retail store providing
a range of household and grocery items, and may include, but not limited to, postal
services, take-out, and may be licensed to sell alcohol, but is not a supermarket. The
convenience store may be a subsidiary use within a primary use, such as a service station.
Conditions:
(1) The store may form part of, or be attached to, a dwelling unit or be a stand-alone
building;
(2) The retail use shall be subsidiary to the residential character of the area and shall not
affect residential amenities or adjoining properties;
(3) The take-out use shall be subject to the conditions set out in 4.3.26.1;
(4) Must provide adequate provision for on-site parking, loading, buffering, landscaping;
(5) The hours of operation are appropriate to the nature of the building and surrounding
neighbourhood and the operation does not create a nuisance.
( 6) Must meet Use Zone Site Development Standards and conditions;
( 7) A Take Out associated with a convenience store may be required, as determined by
Council, to be subject to the following standards:
a. A Take-Out Food Use may be required to have a parking area or stacking lane
with a minimum length before the pick-up window, as determined by Council
during the review of the application based on the anticipated on the level of
traffic to be generated as indicated in the application;
b. Order boards and signage shall be designed to minimize impact on adjacent
residential or institutional uses.
c. A buffer consisting of a sound-proof fence and landscaping may be required
adjacent to residential uses. A fence, berm, and landscaping or a combination
of these elements shall be used to reduce headlight glare, lighting, and noise
from the Take Out; garbage receptacles shall be placed either before the pick-
up window or after the pickup window.
4.3.13
Custom Manufacturing Service and Sales (small/artisan)
Definition: Custom manufacturing service (small/artisan) means a building where goods
are stored, produced, assembled, or repaired to consumer specifications and sold at retail
on the premises and may include, but not limited to, welding, sheet metal, woodworking,
flooring and tile contractors, and machine shop.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
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4.3.14-
Garage, Public parking /taxi stand
Definition: Garage, public parking/taxi stand means a building or area, other than a
private garage, where motor vehicles are kept or stored for remuneration which does not
include any automatic car washing establishment, a motor vehicle sales establishment or
an automobile service station.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Recommend that it is located 20 m from residential uses; and appropriate noise and
separation measures shall be incorporated into the development to reduce noise
impact on surrounding properties;
4.3.15
General Service/Repair Shop
Definition: General Service/repair shop means an outlet for servicing, repairing,
installing, or renting items and equipment, without limiting the generality of the
foregoing, includes but is not limited to the following examples, radio, television, and
computer service and repair shops; locksmith shops; small appliance service or repair
shops; household and limited contractor service or repair shops; tools and equipment
rental shops.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions
(2) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties.
4.3.16
Hotel or Inn
Definition: Hotel or Inn means a commercial establishment offering lodging and guest
services to travelers and sometimes to permanent residents, and may have restaurants,
meeting rooms, conference facilities, a lounge, stores, etc., that are available to the
general public. In general, to be called a hotel (not a bed and breakfast), an establishment
must have a minimum of five letting rooms accessed from within the building, at least
three of which must have ensuite private bathroom facilities.
Conditions:
(1) Require to submit a Planned Unit Development application (2.2.2 & 2.2.4};
(2) Must meet Use Zone Site Development Standards and conditions
(3) The Hotel or Inn must be approved by the Provincial Government agency with
jurisdiction.
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(4) A Hotel or Inn is for temporary accommodation. The unit is not a place of residence or
dwelling. Units may be rented on a temporary basis but not as an open-ended
monthly apartment.
(s) The Hotel or Inn shall contain a lobby with a front desk and office, along with a
maintenance, housekeeping and laundry room(s) large enough to accommodate the
needs of the commercial-residence. Housekeeping services including cleaning,
provision of clean linen and towels, will be provided.
( 6) Access to units will be through or associated with a clearly defined lobby. Exterior
access to units can be provided as long as access to each unit is from a common
parking lot on the site;
(7) Units will not have individual driveways to the street. Parking will be provided in a
parking lot with parking spaces, aisles and access for the overall parking lot to the
street.
(8) The Hotel or Inn will have an overall cohesive design including a prominent lobby,
pleasant appearance from the street, clear parking lot street entrance and design with
a dust free surface, and landscaping ( trees, shrubs, lawn) in setbacks and open areas.
(9) There will not be separate utility connections or utility billing or addressing for
individual rooms.
4.3.17
Marina
Definition: Marina means a dock or basin together with associated facilities where slips,
moorings, supplies, repairs, and other services that are typically available for boats and
other watercraft, including storage, sales and rentals, with or without a club house and
catering facilities. It can also include a boat-house or shed associated with a dock or
wharf.
Conditions:
(1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
(2) Must meet Use Zone Site Development Standards and conditions
(3) Provide and maintain public access to the shoreline via a walkway, path or trail,
located, designed and constructed to the satisfaction of the Council
(4) Parking shall be provided for both vehicles and boat trailers with adequate turning
areas within the parking lot;
(s) Outdoor storage areas for boats or other equipment may be required to be landscaped
and screened to the requirements of the Council;
( 6) Marinas may be required to be serviced with a supply of potable water and facilities
for the collection and disposal of wastewater in a manner acceptable to the Council;
(7) Wharf/Boathouse/Slipway/Breakwater structures shall follow the guidelines for the
Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses.
(8) The Applicant must obtain a permit under of the Water Resources Act, 2002 under
Section 48 for any infilling or dredging work associated with these structures or other
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works near or in any body of water prior to the start of construction. Contact:
Manager, Water Rights & Investigations Section
4.3.18 Medical or Dental Clinic/Office
Definition: Medical or dental clinic/office means a building or part thereof used by
qualified physicians, dentists, osteopaths, counselors, or other drugless practitioners,
including their staff and patients, for the purpose of out-patient consultation, diagnosis
and office treatment. A medical clinic may include accessory uses such as waiting and
treatment rooms, laboratories, dispensaries and administrative offices. A medical clinic
does not include accommodation for overnight patient care or operating room facilities.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions
4.3.19 Motel
Definition: Motel means an establishment providing accommodation for travelers or the
transient public that consists of one, or more than one building, containing four or more
attached accommodation units accessible from the exterior only and may or may not have
facilities for serving meals.
Conditions:
(1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
(2) Must meet Use Zone Site Development Standards and conditions
(3) The Motel must be registered with and approved by the Provincial Government
agency with jurisdiction.
(4) Units may be rented on a temporary basis but not as an open-ended monthly
apartment.
(5) A Motel unit is for temporary accommodation. The unit is not a place of residence or
dwelling. No individual can abide in the units in a particular Motel for more than
three months out of every calendar year.
( 6) The Motel shall contain a lobby with a front desk and office, along with a
maintenance, housekeeping and laundry room(s) large enough to accommodate the
needs of the commercial-residence.
(7) Housekeeping services including cleaning, provision of clean linen and towels (daily or
weekly) will be provided.
(8) Access to units will be through or associated with a clearly defined lobby. Exterior
access to units can be provided as long as access to each unit is from a common
parking lot on the site,
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(9) Units will not have individual driveways to the street. Parking will be provided in a
parking lot with parking spaces and aisles and access for the overall parking lot to the
street.
(10)
The Motel will have an overall cohesive design including a prominent lobby,
pleasant appearance from the street, clear parking lot street entrance and design with
a dust free surface, and landscaping (trees, shrubs, lawn) in setbacks and open areas.
(11) There will not be separate utility connections or utility billing or addressing for
individual rooms
4.3.20 Outdoor Commercial Patio
Definition: Outdoor commercial patio means any outdoor area used in conjunction with
any establishment licensed under the Liquor Control Act, 1990 where meals or
refreshments are served to the public for consumption on the premises.
Conditions:
(1) An outdoor commercial patio shall not accommodate more than 50 percent (50%) of
the licensed capacity of the restaurant or licenced liquor establishment with which the
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patio is associated, or 50 persons, whichever is the greater.
(2) It is recommended that no outdoor commercial patio be permitted in any yard facing
or abutting a residential zone or abutting a yard or lane facing or abutting a residential
zone unless:
a. it is located a minimum of 30 m from the residential zone; and
b. it is screened and physically separated from the residential zone by a building,
structure or wall that is at least 2 m in height so that noise from the outdoor
patio is mitigated.
(3) Unless otherwise determined by Council, an outdoor commercial patio may be
required to have a minimum setback of1.5 m from any lot line.
(4) The location of an outdoor commercial patio on a lot shall not obstruct the view or
path of pedestrian and vehicular traffic that accesses or egresses to or from a street
onto or out of the lot.
(5) The outdoor commercial patio must not encroach on or eliminate any required
parking or loading space, driveway or aisle for the lot on which it is located.
( 6) The outdoor commercial patio shall be so located on the lot as to not interfere with
snow clearing and snow operations of Council.
(7) No outdoor commercial patio may be required to be located above the elevation of the
floor of the first storey of the principal building where the lot adjoins a residential use
zone.
(8) Any outdoor lighting shall be directed toward or onto the outdoor commercial patio
area and away from adjoining properties and streets.
(9) Parking spaces shall be required for the gross floor area associated with the outdoor
commercial patio use at the same ratio as for restaurants.
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4.3.21
Outdoor Market
Definition: Outdoor market means the sale of goods or products at an open property
with no permanent buildings; temporary facilities or open stalls may be used to hold and
display the goods being sold. Examples may include, but are not limited to, farmers
markets, fish market, flea markets or other types of goods.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
(3) Requires sufficient off street/highway parking for customers and ensure that the sight
lines (visual) or sign distance at any intersection is not obstructed.
4. 3.22 Personal Service
Definition: Personal service means a building or part of a building used for the provision
of personal services to an individual which are related to the care and appearance of the
body, or the cleaning and repair of personal effects; and where the sale of retail of goods,
wares, merchandise, articles, or things is only accessory to the provisions of such service.
Examples include, but are not limited to, barbershops, hairdressers, beauty salons, health
and wellness centres/spas, tanning salons, tattoo parlours, tailors, dressmakers,
photography studio, music studio, tattoo ship, handmade crafts, shoe repair shops, and
dry-cleaning establishments and laundromats. This Use Class does not include medical
and dental clinics and excludes any manufacturing or fabrication of goods for sale.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions
4.3.23 Offices: Professional, Financial and Associated Support Services
Definition: Offices (professional, financial and associated support services) means
development primarily used for the provision of professional, management,
administrative, consulting, and financial services, but does not include medical or dental
clinics or government services. Typical Uses include, but are not limited to: the offices of
lawyers, accountants, engineers, and architects; offices for real estate and insurance firms;
clerical, secretarial, employment, telephone answering, and similar office support
services; and banks, credit unions, loan offices and similar financial uses.
Conditions:
(1)
Must meet Use Zone Site Development Standards and conditions.
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4.3.24 Resort
Definition: Resort means the use of land, buildings and structures to provide sleeping
accommodations, communal or individual facilities for cooking and serving of meals for
guests or a restaurant; recreation uses, such as golfing, tennis, lawn bowling, marinas,
health spa, swimming pools, angling and other watersport activities, hunting and
recreational shooting, cross-country skiing, sightseeing, camping, hiking, indoor
recreational activities and other similar uses, plus gift and craft shops and the furnishing
of equipment, supplies or services to guests in connection with any of the foregoing
activities and may include accommodation for the operator and staff. This category also
includes commercial rental cottages or a tourist cabin development.
Conditions:
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(1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
(2) Must meet Use Zone Site Development Standards and conditions
4.3.25 Restaurants
4. 3.25.1 Take-Out
Definition: Restaurant take-out means a building designed to allow drivers to remain in
their vehicles before and during an activity on the site. Food and drink are prepared then
sold to the public for immediate consumption either within an eating area inside or
outside of the building or within the patron's own motor vehicle onsite, or for elsewhere
off the premises it may include a seating area for in-house consumption and parking for
in-house patrons. It is not licensed to sell alcoholic beverages.
Conditions:
(1) Order boards with an intercom shall be designed to minimize noise impact on
adjacent residential or institutional uses.
(2) A buffer consisting of a sound-proof fence and landscaping may be required to be
provided adjacent to residential uses. A fence, berm, and landscaping or a
combination of these elements may be required to be used to reduce headlight glare,
order board lighting, and noise from the Take Out. Garbage receptacles may be
required to be placed either before the pick-up window or after the pickup window as
determined by Council.
(3) If the use of any land, building or structure is composed of a combination of Take-out
Use and any one or more other uses, those uses shall not be construed as accessory to
one another and all provisions pertaining to each use shall apply.
(4) Must meet Use Zone Site Development Standards and conditions
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4.3.25.2 Full-Service Restaurant
Definition: Restaurant-full service means a building or part of a building wherein the
primary purpose is the preparation of food for sale to the public y for consumption within
the building and may include a take-out area. It is characterized by the provision of table
service, including buffet service and may also be licensed to serve alcoholic beverages.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions
(2) Refer to Outdoor Commercial Patio for standards related to outdoor areas
4.3.25.3 Mobile Take-Out or Street Vendor
Definition: Restaurant-mobile take-out or street vendor means a mobile food
preparation motorized vehicle or non-motorized cart offering food and non-alcoholic
beverages for immediate consumption that subject to the requirements of the
Municipalities Act, 1999 and the Highway Traffic Act, 1990 and included the use of land for
the parking of a vehicle or trailer for a period of time for vending purposes, including the
sale of refreshments or merchandise or as an office.
Conditions
(1) The parking of a vehicle or trailer shall not be located on any required landscaped
yards.
(2) The parking of a vehicle or trailer shall only be permitted if the lot has a sufficient
parking area to accommodate the parking requirements of the principal building or
use on the lot and the subsidiary vehicle or trailer use with its associated parking.
(3) The parking of a vehicle or trailer shall not hinder lot access or egress or create an
obstruction to vehicles entering or exiting the lot.
(4) If a vehicle or trailer is used for the purpose of the preparation, cooking, and/or sale of
food and/or refreshments, the following approvals are required prior to the placement
of a vehicle or trailer on the lot:
a. approval from the Fire Department regarding the appliances to be used and
the required fire suppression measures, and
b. approval from the Service NL regarding the storage and preparation of food
and/ or refreshments.
(5) A vehicle or trailer may be required to provide, or have access to, washroom facilities
as determined by Council.
( 6) Council shall limit the length of the Development Permit to a maximum of one year
and the permit may be renewed on an annual basis if the applicant wishes to continue
the use.
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4. 3.26 Retail
Definition: Retail means a building or part of a building used for the retail or
consignment sale of goods, wares, substances, or merchandise directly to the public
within an enclosed building, including, but not limited to, a drug store, bakery appliance
or clothing store or art studio and shop. This use class does not include the sale of
gasoline, heavy agricultural and industrial equipment, wholesale goods, automotive and
recreation vehicle sales/rentals, flea market, gas bars, greenhouses, plant nurseries and
market gardens, service stations, and box store or warehouse sales. Accessory uses may
include the assembly or repair of products sold on site or public services such as postal
services or pharmacy.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions.
4.3.27 Service Station
Definition: Service Station means land or building used exclusively for the
sale/installation of petroleum products ( oil or lubricant change) and may include minor
repair to vehicles, cleaning and maintenance essential to the actual operation of vehicles,
and the sale of automotive accessories; but does not include an automotive body repair
shop, automotive sales establishment. Service stations are classified as: Residential or
Highway as outlined below.
Conditions:
Minimum Standards for all Service Stations and Gas Bars, notwithstanding the
development standards of the Use Zone in which a service station or gas bar is located, a
service station and/or gas bar shall be subject to the following conditions:
(1) All gasoline pumps shall be located on pump islands designed for such purpose, and to
which automobiles may gain access from either side, except in the case of propane,
diesel, and kerosene pumps, which may access from one side;
(2) Pump islands and canopies shall be set back at least 4 m from the required landscaped
front or side yards;
(3) Accesses may be required to be not be less than 7 m 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 m and the lot
line between entrances shall be clearly indicated;
(4) Surface runoff shall be directed to an oil/water separator before being discharged into
a storm sewer or other drainage system.
(s) Minimum of 2 access points for access/egress.
( 6) Landscaping required along front and exterior lot lines.
(7) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
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4.3.28 Veterinarian Clinic
Definition: Veterinarian Clinic means a building, structure or parts thereof where one or
more registered veterinarian surgeons including associated staff provide examinations
and surgical or medical treatment to domestic pets, animals or livestock, and may include
treatment rooms, laboratories, dispensaries and associated office
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions
(2) Facilities for the overnight care of animals undergoing treatment may be permitted
indoors and is considered incidental to the hospital use.
(3) A kennel is not permitted in association with a veterinarian clinic.
4.3.29 Mobile Street Vendor (non-food) or office
Definition: A street vendor means a mobile vehicle or non-motorized cart merchandise
under the Municipalities Act, 1999 and the Highway Traffic Act, 1990.
Conditions:
The use of land for the parking of a vehicle or trailer for a period of time for vending
purposes, including the sale of refreshment shall be subject to the following conditions.
(1) The parking of a vehicle or trailer for selling or office purposes shall only be permitted
as a subsidiary use on a lot with an existing principal building.
(2) The parking of a vehicle or trailer shall not be located on any required landscaped
yards.
(3) The parking of a vehicle or trailer shall only be permitted if the lot has a sufficient
parking area to accommodate the parking requirements of the principal building or
use on the lot and the subsidiary vehicle or trailer use with its associated parking.
(4) The parking of a vehicle or trailer shall not hinder lot access or egress or create an
obstruction to vehicles entering or exiting the lot.
(s) A vehicle or trailer will be required to provide, or have access to, washroom facilities
as determined by Council.
( 6) Council shall limit the length of the Development Permit to a maximum of one year
and the permit may be renewed on an annual basis if the applicant wishes to continue
the use.
4.3.30 Short Term Residential Rental
Definition: A short term rental is the rental of a dwelling (house, townhouse,
condominium, cottage, apartment, and secondary suites, where the owner is not resident,
for less than 30-day period for any one occupant(s);
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Conditions:
(1) Must conform to residential development standards for the zone in which it is located
(2) Must obtain a Business permit from the Town of Cape Broyle;
(3) Must obtain approval from Digital Government and Service NL for commercial
residential use;
(4) The person(s) operating the Short-Term Rental shall hold any required license issued
by an agency/agencies having jurisdiction or authority, such as, the Department of
Tourism, Culture, Arts and Recreation, Government of Newfoundland and Labrador.
4.4
INDUSTRIAL LAND USE CLASS
4.4.1
Crematorium
Definition: A crematorium is a facility containing a certified furnace or similar device
intended for use in the incineration of human or animal corpses.
Conditions:
(1) A buffer between the crematorium and a sensitive land use, such as, a higher intensity
land use with a concentration of employees, may be required at the discretion of the
Council based on the following guideline:
a. The buffer may be required to be a minimum of 70 m from a residential or
sensitive land use, such as elementary and secondary schools, day-cares unless
there are extenuating physical characteristics of the site that would provide
natural screening;
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b. The buffer between other industrial uses may be 30 m unless there are
extenuating physical characteristics of the site that would provide natural
screening;
(2) All crematory facilities shall be located within an enclosed building that meets
building and fire code requirements.
(3) All applicable local, provincial, and federal laws and regulations shall be met.
4.4.2
Composting Facility
Definition: Composting facility means a processing use that converts solid waste,
including plant debris, decayed organic matter, municipal solid waste or agricultural
waste, into a material to be used sold for the purpose of fertilizing and conditioning the
soil for growing produce and nursery plantings.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions
(2) Recommend special attention to storage
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4.4. 3
Contractor, General
Definition: Contractor, General means development used for the provision of building
construction, landscaping, concrete, and electrical, excavation, drilling, heating,
plumbing, paving, road construction, sewer or similar services of a construction nature
which require on-site storage space for materials, construction equipment or vehicles
including heavy equipment, temporary storage containers, construction trailers, and
temporary office trailers normally associated with the contractor service. Any sales,
display, office or technical support service areas shall be accessory to the principal general
contractor service only. This use class does not include professional, financial and
associated support services.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
4.4.4
Energy Generation Facilities
4.4.4.1 General Energy Generation
Definition: Energy generation facilities means a facility constructed for the purpose of
generating electrical energy from wind, solar or small hydro means.
Conditions:
(1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4);
(2) Must meet Use Zone Site Development Standards and conditions;
(3) The following requirements shall apply to wind, solar, and small hydro generating
facilities:
a. Energy utilities are subject to the approval of relevant provincial and federal
departments, agencies, and public utilities, including the Mineral Lands
Division and Transport Canada. The design and location of such utilities shall
take into consideration their impact on nearby land uses and persons, the
environment, archaeological resources, and other matters that Council may
deem to be significant.
b. A wind, solar, or small hydro generator within a built-up residential area will be
limited to a single unit that serves an individual property.
c. An adequate separation distance will be maintained between wind generators
and nearby buildings and structures to prevent damage to persons and
properties due to a failure of a generator or any of its components or the
shedding of ice.
d. Unless specifically exempted by Council or other relevant agencies, the design,
construction and location of an energy utility shall be certified by a professional
engineer who has consulted with the required agencies.
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Definition: Wind turbine generator ( commercial) means a structure designed to convert
wind energy into mechanical or electrical energy. A commercial wind turbine may
include, but not be limited to, wind turbine, generator, operations and maintenance
buildings, meteorological towers, collector grids and electrical substations. Note that a
Wind Farm or Wind Park: means more than one wind turbine generator located on a lot.
Conditions:
4.4.4.2.1
Commercial wind turbine generator
1.
A commercial wind turbine which has a collective energy nameplate rating of one
hundred (100) kW or greater shall be connected to a transmission line and/or the
local power grid.
11.
All developments shall meet applicable federal and provincial regulatory
requirements.
iii.
The development shall not create hazards or any negative impacts on
neighbouring properties. In cases where there are potential conflicts or impacts
between a proposed development and neighbouring property, Council may require
the developer to ensure that adequate buffers or screening are maintained to
reduce the impacts on adjoining properties or other mitigation measures that may
be necessary to reduce the impacts.
iv.
The wind turbine tower shall be located to minimize visual impacts on the Town.
v.
The wind turbine tower shall have a clear unobstructed fall zone that has a radius
equal to or greater than the height of the structure and is accommodated within
the property bounds.
vi.
The wind turbine tower shall be designed and constructed to meet design loads for
operational requirements including ice buildup. The blades shall either have de-
icing capabilities or be constructed of a material (i.e., poly carbonate composite)
that resists ice buildup.
vii.
Access to the site shall be restricted and shall include: fencing, gate, and signage
posted as to the property owner, company name, twenty-four (24) hour emergency
telephone number, and warnings of dangers to trespassers.
vin.
If the wind turbine ceases operations for a period of longer than two (2) years, the
wind turbine, tower, and any related infrastructure shall be removed from the
property.
4.4.4.2.2
Private wind turbine generator
1.
Private turbines shall primarily be for the generation or electrical power for the
property owner of a residential use, for business owners and for varied public use
buildings and other similar sites, but not for outside sale.
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11.
Council may determine that the minimum parcel size of 2,000 m2 with a wind
turbine height of approximately 10 m; if this is not sufficient to mitigate impacts to
adjacent properties, the wind turbine proposal may be denied by Council.
4.4.5
FisheryUse
Definition: Fishery use means land and buildings used for the production, processing,
storage and maintenance of fishery products or equipment including aquaculture and
include land and buildings designated for the building, launching, docking or storage of a
commercial fishing vessel, and similar operations, such as a marine centre, fish processing
plant.
Conditions:
(1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4)
(2) Must meet Use Zone Site Development Standards and conditions
4.4.6
Forestry Activities
Definition: Forestry activities have the meaning as defined in the Forestry Act, 1990.
This includes forest harvesting (commercial and domestic), road building and silviculture
activities.
Conditions:
(1) Required to submit a Comprehensive Planned Development application {2.2.2 & 2.2.4),
or a Forestry Management Plan and to submit, every year, the annual operating plan;
(2) Must meet Use Zone Site Development standards and conditions;
(3) Permits for commercial and domestic woodcutting or other forestry related activities
must be obtained from the Regional Forestry Office, Government of Newfoundland
and Labrador;
{4) All commercial harvesting operators must apply for a development permit.
4.4.7
Industrial - General
Definition: Industrial General means development used principally for one or more of
the following activities:
a. the processing of raw materials;
b. the making, manufacturing or assembling of semi-finished or finished goods,
products or equipment;
c. the cleaning, servicing, repairing or testing of materials, goods and equipment
normally associated with industrial or commercial businesses or cleaning, servicing
and repair operations to goods and equipment associated with personal or
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household use, where such operations have impacts that would make them
incompatible in non-industrial zones;
d. the storage or trans-shipping of materials, goods and equipment;
e. the distribution and sale of materials, goods and equipment to institutions or
industrial and commercial businesses for their direct use or resale;
f. transport establishments, which include the use of land, buildings, structures or
parts thereof, where commercially licensed trucks, transports and buses are rented,
leased, loaded or unloaded, serviced or repaired kept for hire, stored or parked for
dispatching as common carriers or where goods are temporarily stored for further
shipment. Fuel and petroleum products may be dispensed and parts and
accessories sold;
g. data centres (building(s) that house computing facilities like servers, routers,
switches and firewalls, as well as supporting components like backup equipment,
fire suppression facilities and air conditioning); or
h. the training of personnel in general industrial operations.
Examples include, but are not limited to, factories, fish processing plants, marine service
centres, cold storage plants, freight depots, concrete plant, general garage, industrial-
related warehouses, welding shops, vehicle body repair and paint shops/depots, and
similar uses. This use class does not include utility services or the preparation of food and
beverages for direct sale to the public.
Conditions:
(1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
(2) Must meet Use Zone Site Development Standards and conditions
(3) Minimum of 2 access points for access/egress;
(4) Surface runoff shall be directed to an oil/water separator before being discharged into
a storm sewer or other drainage system;
(5) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties.
( 6) Where it deems necessary, the Town shall require the provision of buffering by the
developer which shall be to the satisfaction of the Town.
4.4.8
Industrial- Light
Definition: Industrial-light means the use of any land or buildings for any general
industrial use that can be carried out without hazard or intrusion and without detriment
to the amenity of the surrounding area by reason of noise, vibration, smell, fumes, smoke,
grit, soot, ash, dust, glare or appearance., unsightly outdoor storage, refuse matter, or
effluent. Examples include but are not limited to, a recycling depot, wholesale and
warehouse uses, rental storage uses, commercial - custom service, catering services,
industrial bakeries, food processing, light manufacturing and assembly (clothing,
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furniture, consumer electronics), broadcast studio, and similar uses; but does not include
a salvage/scrap yard.
Conditions:
(1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4);
(2) Must meet Use Zone Site Development Standards and conditions;
(3) Light industry uses may must be conducted and wholly contained within an enclosed
building and shall not be obnoxious by reason of noise, vibration, odour, dust, smoke,
unsightly outdoor storage, refuse matter, or water carried waste. Such uses shall not
involve the use of chemical processes which result in the emission of gases, use of
significant volumes of water or which generate significant levels of truck traffic.
4.4.9
Industrial Mall
Definition: Industrial mall means a building or a group of buildings designed,
developed, owned and managed as a unit in which separate spaces are leased or occupied
by permitted industrial uses. No more than 30 percent of the gross floor area of an
industrial mall is used for accessory office or related commercial uses.
Conditions:
(1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4)
(2) Must meet Use Zone Site Development Standards and conditions
4.4.10 Mineral Exploration
Definition: "Mineral exploration (development)" shall be defined as; the search for and
sampling of minerals or quarry materials where the activity or activities involved meet the
definition of"development" under the Urban and Rural Planning Act. "Mineral" and
"quarry material" for the purpose of interpreting the definition of mineral exploration
( development) are as defined in the provincial Mineral Act and Quarry Materials Act,
1998, respectively. Mineral exploration does not include mining or mineral working ( e.g.,
quarrying). Activities which meet the definition of mineral exploration (development) are
to be contrasted with mineral exploration activities that do not meet the definition of
development, examples of which typically include traditional prospecting, geochemical
sampling surveys (of rock, soil, sediment, water, or vegetation), ground-based and
airborne geophysical surveys, and the cutting of survey lines.
For the purposes of municipal planning, exploration for quarry materials ( e.g., sand,
gravel) is considered a form of mineral exploration and included in the definition of
mineral exploration.
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The Mineral Lands Division, Mines Branch administers the Mineral Act, 1990 under which
mineral licences are issued and within the bounds of which mineral exploration may be
approved by the issuance of an "exploration approval". Exploration approvals are generally
issued for no longer than one year. Applications for exploration approval involving areas
within a Municipal Planning Area and where the activities proposed may involve ground
disturbance, wildlife disturbance, water quality impairments, or foreseeable land use
conflict, are referred to the municipality (in addition to other government agencies), and
terms and conditions are drafted to address any specific concerns raised during the
referral process.
Conditions:
1. Must meet Use Zone Site Development Standards and conditions;
2. Procedure for Mineral exploration that does not meet the definition of 'Development':
Mineral exploration that does not meet the definition of 'Development' which is
permitted anywhere in the Municipal Planning Area must provide adequate
notification to Council; and must not involve appreciable ground disturbance,
construction of access roads, or objectionable noise, odour or appearance, of little or
no visible impact ( e.g. prospecting, ground-based geophysical surveys, geochemical
sampling surveys);
3. Procedure for Mineral exploration, which is classed as 'Development is subject to the
following conditions:
a. adequate provision is made for buffering and mitigation of potential impacts on
adjacent zones; mineral exploration shall be subject to conditions that control
noise, appearance, and other impacts that may arise, as well as the duration of
the exploration program. The precise nature of these controls will depend upon
the location of the mineral exploration in relation to built-up and
environmentally sensitive areas, such as water supply areas, watercourses, and
wetlands.
b. Where there is to be ground disturbance, the developer shall provide a site
restoration surety and/ or other satisfactory guarantees of site landscaping to
Council.
c. Council will not issue a permit for mineral exploration until all necessary
permits and approvals have been obtained from the relevant Provincial
agencies;
d. It complies with provincial standards. Basic environmental requirements for
mineral exploration are already set out in the Mineral Regulations under the
Mineral Act, 1990 for example, that all excavated, stripped, and grubbed sites be
rehabilitated by backfilling or re-contouring, as appropriate, and then placing
stockpiled organic materials back over the site. The Mineral Lands Division
conducts inspections year-round to ensure that the Mineral Regulations and
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the terms and conditions of exploration approvals are adhered to, including
that rehabilitation, once due, is completed as required
e. According to the Mineral Lands Branch, mineral exploration that is classed as
development must be at least a discretionary use in all zones, provided that the
work is subject to conditions appropriate to the use zone and which address
any other concerns specific to the location.
4. If a town has any concerns about any mineral exploration activity, whether before or
after the issuance of an exploration approval from the Mineral Lands Division to
conduct the work, the town shall contact the Mines Branch, Mineral Lands Division in
order to have the concerns addressed. Exploration for quarry materials ( e.g., sand,
gravel) is permitted using the same procedure and typically involves the excavation of
test pits followed by their immediate rehabilitation.
4.4.11
Mineral Working
Definition: "Mineral working" shall be defined as; an operation consisting of one or
more of the following activities: the digging for, excavation, and removal of quarry
materials (i.e., quarrying) (may involve blasting), the removal of quarry materials
previously excavated, the removal of quarry materials previously deposited on site, the
stockpiling of quarry materials, the processing of quarry materials (e.g., crushing,
screening, washing), the production of civil construction materials which use quarry
materials in their natural form (e.g., asphalt, concrete), the re-processing of quarry
materials including from reclaimed civil construction materials ( e.g., reclaimed asphalt,
concrete), the production of soil by blending organic materials with quarry materials, or
the treatment or remediation of soil. "Quarry material" for the purpose of interpreting the
definition of mineral working is as defined in the provincial Quarry Materials Act, 1998.
Mineral working does not include mining but may include mineral exploration
(development) as a secondary activity. Mineral working does not include the excavation
and removal of quarry materials as a by-product of an approved development.
Conditions
(1) The Mineral Lands Division requires that, for approved developments where the
extraction of quarry materials is occurring or may be expected occur, the Town shall
send a copy of the development permit to the Mineral Lands Division, (Note that
quarry materials include but are not limited to aggregate, fill, rock, stone, gravel, sand,
clay, borrow material, topsoil, overburden, subsoil, peat).
(2) The Mineral Lands Division requires that quarry materials produced as a by-product
of an approved development can only be removed from the development site if
royalties are paid to the province as required by the Quarry Materials Act, 1998. For
example, site preparation to construct a building involves removing topsoil,
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overburden, and possibly rock from the footprint area; these materials may be
retained or re-used on the development site (no royalties due) or removed from the
site (royalties due). In order to ensure that royalties due the province are paid; it is
necessary that the Mineral Lands Division be made aware of approved developments
where the removal of quarry materials is taking place or may take place.
(3) The Mineral Lands Division requires that the environmental standards in the
Mineral Regulations under the Mineral Act, 1990 will apply.
(4) At the request of the Mineral Lands Division, the Town will not permit mineral
working to be located closer than the minimum distances set out below to the
specified development or natural feature:
Minimum Buffer Distance of Pit and Quarry Workings
From existing or proposed Residential Development:
- where no blasting is involved
300 m
- where blasting is involved
1000 m
-From any other developed area or area likely to be developed during the life of the pit
or quarry working ............................................ 150 m
-From a Public highway or street ................. 50 m
-From a Protected Road ............................... 90 m
-From a Waterbody or watercourse ............ 50 m
Where a minimum required distance was originally observed when choosing the location
of the quarry, quarrying shall not be discontinued or impeded where the buffer is reduced
to less than the required distance due to encroachment of development towards the
quarry;
If geophysical site conditions allow, the Town may consider reducing these distances
upon the recommendation in the referral to the Mineral Lands Division providing there is
no disruption to legal operation of the mineral working site.
4.4.12 Mining
Definition: Mining shall be defined as; an operation involving the extraction of a
mineral for sale and for which a mining lease is required under the provincial Mineral Act
administered by the Department of Natural Resources. "Mineral" for the purpose of
interpreting the definition of mining is as defined under the Mineral Act. Mining may
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include, as secondary activities, mineral exploration ( development) and mineral working.
Note that under the Mineral Act dimension stone (i.e., stone used for building facades,
gravestones, etc.) is considered a mineral in Newfoundland but a quarry material in
Labrador.
Conditions
The following conditions shall apply to a Mining application subject to Mineral Lands
Division regulatory and permitting requirements:
(1) An application for a development permit shall include a Mineral Working
Development Plan satisfactory to the Council for the proposed Mining use, which
shall include a site plan showing the location of physical site features and extraction
and processing features required by the Council including but not limited to:
a. boundaries of the parcel to be mined;
b. extent of site area(s) to be mined;
c. buildings and structures on the site;
d. roads, parking and loading areas and entrance and exit to the site;
e. fences, berms and landscaping provided for screening;
f. waterbodies and channels to be removed, shifted and created;
g. location and expected maximum height of stockpiles of mined ores, sand and
gravel;
h. location of major machinery and conveyors for receiving and processing raw
ores including machinery for sifting, washing and grading ores, and the
manufacturing of concrete and stone products;
i. the probable location of storage piles of topsoil and overburden removed from
earlier phases of mined areas and temporarily being stored for replacement
under the Reclamation plan; and
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intended phases of mining operations to be carried out over all portions of the
site.
(2) An application for a development permit shall include a Mining Reclamation Plan
satisfactory to Council for the proposed mineral working use which shall explain,
illustrate and show to the satisfaction of Council a plan for restoration of the site
which includes final ground contours, slopes, depth of topsoil, and vegetation and a
phasing plan, if necessary, in the form of a grading and landscape plan or plans.
4.4.13 Natttral Resource-Related Uses
Definition: Natural resource-related uses means the use of land or buildings for any
commercial or industrial development directly associated with, or requiring proximity to,
farm operation, fisheries, forestry or mineral working industries; for example, processing
of meat, fish and poultry products, feed mills, sawmills, planning mills, single mill
products industries, asphalt plant, gravel crushing operation sand may include, but not
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(1)
Must meet Use Zone Site Development Standards and conditions;
4.5
CONSERVATION LAND USE CLASS
4.5.1
Environmental Protection
Definition: Environmental protection area means areas where development is restricted
due to the natural features of the site for purposes of conservation or protection of
habitat, wetlands, resource management, viewscapes or other special designations under
legislation; or site unsuitability due to erosion control, steep slopes, flood control and
water supply protection. Activities would include conservation measures to protect land
and water resources.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Nothing in these Development Regulations shall prevent the designation of
environmental protection areas in any zone.
(3) Council will not permit development vulnerable to flooding in areas known to be
subject to local flooding.
(4) Require that development is limited to:
a. passive recreation facilities such as walking or nature trails, and associated
interpretation programs do not have an adverse impact on the natural
environment and residential properties; and,
b. wharves, boathouses, slips, dock or breakwater, subject to Council discretion;
or,
c.
development associated with scientific work related to environmental research
and monitoring of conditions.
(5) The Town may require that any development near a designated trail or water course
be reviewed by the Town to ensure that development does not negatively impact such
trail or watercourse. Where deemed necessary, the Town may require that the buffer
be provided by the developer.
4.5.2
Open Space, Parks and Trails
Definition: 'Open space, parks and trails' means a generally undeveloped space or
environmentally sensitive area maintained for the preservation of natural heritage,
wildlife and the environment where the quality of the environment and naturalness of an
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area is the focus of the recreational experience; activities & development are limited to
trails, picnic areas, benches, playgrounds and associated signage.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Nothing in these Development Regulations shall prevent the designation 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.
(3) Parks and playgrounds may be located on backland but shall have at least one 5-m
wide vehicular access directly onto a public street.
(4) Public toilet facilities associated with a park or trail development requires review by
the Council in consultation with Service NL in order to meet provincial regulatory
requirements.
(5) It is recommended that trails have a 3 m width as a pedestrian corridor with/without
use by bicycles.
( 6) Council may require a screen or vegetative buffer between a trail and adjacent land
uses to ensure that nuisance factors are minimized and trail activities do not hinder
the enjoyment of property.
( 7) In the Rural zone: Open Space and Trails may be permitted in this zone subject to the
following conditions:
a. the proposed use shall not interfere with adjacent agricultural and other
natural resource uses by virtue of noise, increased traffic or other activities;
b. the proposed use shall not prejudice the continuation of existing agricultural
and other natural resource uses and operational practices which may not be
compatible with the proposed use;
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4.6
PUBLIC/INSTITUTIONAL LAND USE CLASS
4.6.1
Cemetery
Definition: Cemetery means a facility or land area reserved and dedicated to the burial
of the dead and includes a columbarium, mausoleum, mortuary and related maintenance
facility. A discretionary accessory use might include a crematorium (a facility containing
a certified furnace or similar device intended for use in the incineration of human or
animal corpses) subject to conditions.
Conditions:
(1) Council may require a landscape plan to be submitted as part of the Development
Application. The landscape plan shall illustrate areas of landscaping in relation to the
burial plots and shall identify the location and types of plant species that are to be
planted.
(2) It is recommended that a minimum 6 m wide buffer may be maintained between any
lot line of the cemetery and areas designated for burial purposes and, within this
buffer, trees and shrubs are to be planted to provide a landscaped screen between the
cemetery uses and abutting properties.
(3) A fence may be required to be constructed and erected along all lines of the cemetery
(4) A cemetery use shall receive the approval of the Provincial Departments of Health and
Community Services and Municipal and Provincial Affairs and shall be developed in
accordance with the conditions of these Departments.
(5) A discretionary crematorium is subject to the following conditions:
a. A buffer between the crematorium and a sensitive land use such as residential,
day care, elementary or secondary school or higher intensity land use, may be
required at the discretion of the Council based on the following guideline:
i.
The buffer between the crematorium structure within the cemetery to
the lot line shared with residential or sensitive land use, such as
elementary or secondary schools, day-care, may be required to be a
minimum of 70 m unless there are extenuating physical characteristics
of the site that would provide natural screening
ii.
The buffer between other resource uses may be required to be a
minimum of 30 m but may be less if there are extenuating physical
characteristics of the site that would provide natural screening;
b. All crematory facilities shall be located within an enclosed building that meets
building and fire code requirements;
c. All applicable local, provincial, and federal laws and regulations shall be met;
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4.6.2
Institutional Use
Definition: Institutional use means the use of land or buildings for public purposes,
whether publicly or privately funded, where people may gather in larger numbers to
access a regional or a municipal-wide or regional service, including but not limited to:
a. Hospitals;
b. Government Offices;
c. Educational Facilities;
d. Convention Centres or major cultural centres, such as provincial Arts and Culture
Centres;
e. Recreation Complex, such as an arena, multi-use sports and entertainment centres,
roller rinks, swimming pools; and,
f.
Personal Care Facilities (larger than residential home), such as nursing or senior's
homes, family and group care centres (see Condition 3 below).
Conditions:
(1) Required to submit a Planned Unit Development application;
(2) Must meet Use Zone Site Development Standards and conditions;
(3) For Personal Care Facilities-Non-residential (Nursing Homes and Family & Group
Homes/Care Centres), the following standards apply:
a. The development will be treated as a single comprehensive development as set out
in Part II of these Development Regulations, except that the minimum dwelling
floor areas, building line setbacks and yards shall be as determined by Council.
b. The development shall be tailored to the needs of the persons occupying the
development in accordance with their condition.
c. The overall design of the development - including road layout, landscaping,
building design and location, parking areas, and so forth - will be attractive and
compatible with other uses in the vicinity.
d. A single management authority shall be responsible for the maintenance of
properties within the development.
e. Building types can be as necessary to serve the purposes of the development,
including a variety of dwelling types, care facilities, and communal facilities such
as storage rooms, hobby rooms, workshops, and garages.
f. Adequate noise separation shall be maintained between the use and adjoining
dwelling units in an apartment building,
g. a fire exit for the exclusive use of the facility use shall be provided,
h. a separate entrance for the exclusive use of the facility use shall be provided unless
the entrance to the use from a common lobby or foyer is immediately adjacent to
such lobby or foyer,
i. parking as required in these Development Regulations shall be provided and
reserved for the exclusive use of the facility use and identified as such on the
parking lot,
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a minimum of 5 m
2 of net floor space per person may be provided for use by the
facility users, this aggregate floor space maybe utilized for the purpose of group
amenity areas and individual rest areas;
4.6.3
Protective and Emergency Services
Definition: Protective and emergency services mean a development which is required
for the public protection of persons and property from injury, harm or damage together
with the incidental storage of equipment and vehicles, which is necessary for the local
distribution of utility services. Typical uses include police stations, fire stations and
ancillary training facilities.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Appropriate noise, light, and separation measures shall be incorporated into the
development to reduce nuisance impact on surrounding properties.
4.6.4 Public Gathering Places -Indoor
Definition: Public gathering places-Indoor means a building or part thereof designed
and equipped to be used for public gatherings for entertainment, religious (place of
worship), cultural, civic, educational, charitable, philanthropic or social purposes and may
include, but are not limited to, a movie theatre, playhouse, museum, art gallery, place of
worship, funeral home, community or cultural centre, library. These are smaller than
regional institutional uses, like a hospital or college campus, as the patrons generally are
not such a broad segment of society and therefore does not create the same level of
activity in terms on onsite use and traffic.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
(3) Where permitted as a discretionary use on a Use Zone Table in Chapter 3, a place of
worship or an educational use shall conform to the frontage, building line setback,
side yard, rear yard, lot coverage and height requirement specified for a single
detached dwelling.
(4) Crematory facilities may be allowed as a discretionary accessory use to a funeral
home when the funeral home is the principal use, subject to meeting the following
conditions:
a. A buffer between the crematorium and a sensitive land use, such as residential,
day care, school or higher intensity land use, may be required at the discretion
of the Council based on the following guideline, that the buffer be a minimum
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of 70 m from a residential or sensitive land use, such as elementary or
secondary schools, day-care unless there are extenuating physical
characteristics of the site that would provide natural screening;
a. All crematory facilities shall be located within an enclosed building that meets
building and fire code requirements.
b. All applicable local, provincial, and federal laws and regulations shall be met
4.6.5
Public Gathering Places - Outdoor
Definition: Public gathering places-outdoor means an open-air assembly use requiring
the minimum of permanent facilities, and included, but is not limited to, facilities in the
form of or similar to, an outdoor worship service and informal outdoor recreation,
including, but not limited to, a picnic or barbecue area, playground and walking or
jogging trails; but does not include sport and recreation facilities or a recreation complex.
Conditions:
(1) Required to submit a Planned Unit Development application;
(2) Must meet Use Zone Site Development Standards and conditions;
(3) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
(4) The use shall not negatively impact upon the associated activities such that the
combined uses create a public safety or health concern or inconvenience.
(s) The use shall not be permitted in close proximity to a residential area where, in the
opinion of Council, the use or its associated activities will create a nuisance, such as
the generation of fumes, noise, vibration, litter, and lighting, affecting the nearby
residential area.
( 6) Where it is determined by Council, for public safety and convenience, that fencing is
required; the area of the use shall be fenced in accordance with the requirements of
Council;
( 7) Where it is determined by Council that washroom facilities are required, the use shall
be required to provide washroom facilities in accordance with the requirements of the
Provincial Department of Health and Council;
(8) Where it is determined by Council, a security deposit will be required to be submitted
to the Town for the cleanup of the site and surrounding area of litter and debris which
is generated by the activities or the use. The security deposit shall be returned upon
the site and surrounding properties being left in a clean state that is satisfactory to
Council.
4.6.6
Sports and Recreation Facilities
Definition: Sports and recreation facilities means land and a building, structure or part
thereof, not part of a large institutional building, designed and equipped to be used for
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athletic and leisure activities, and may include, but not limited to, a health and fitness
centre, bowling alley, curling rink; tennis, squash, handball and badminton courts; sports
fields, outdoor tennis courts, unenclosed ice surfaces or rinks, athletic fields, boating
facilities, and informal outdoor recreation, such as, cycle, walking or jogging tracks; but
does not include a recreation complex but may include Public Gathering-Outdoor uses.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
(3) Their environmental impact within the site can be contained and minimized;
(4) The activity is not unduly detrimental to the wider amenity of the area; and,
(s) The activity does not have a detrimental effect on neighbouring land uses or
amenities.
4.7
RESIDENTIAL LAND USE CLASS
4.7.1
Single Detached Dwelling
Definition: A single detached means a detached dwelling unit containing one main
dwelling unit which has a private entrance, and which is not attached to another
dwelling; and, does not include mobile homes or recreational vehicles, but does include
mini-homes or tiny homes; but it may contain a subsidiary apartment (see 5.1.2)
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) In the Resource zone, a single dwelling may only be permitted only as accessory to an
agricultural use. A dwelling is subject to the approval of the Land Stewardship
Division and Service NL before a permit is issued by the Town.
4.7.2.
Semi-Detached Dwelling (Double dwelling)
Definition: A semi-detached dwelling means a building containing two dwelling units,
where each dwelling unit has an external private entrance (as compared to apartment
buildings with a common entrance), but does not mean a Single Detached Dwelling
containing a subsidiary apartment. Both units must front on the street. Council may
consider a duplex ( double dwelling) where the units can be placed one above the other
but must both front on the publicly maintained street.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions.
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4.7.3
Townhouses
Definition: A townhouse or townhome is a single-family home that shares one or more
walls with other independently-owned units. They are often in rows of uniform homes,
two stories or taller. Residents own or rent their interior and exterior walls, lawn, and
roof. Residential townhouses are usually three or more dwelling units, each unit
separated vertically from the others, each of which must have an independent entrance to
a front and rear yard immediately abutting the front and rear walls of the unit, and each
of which may be located on a separate lot. All units front on a street.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Required to submit a Planned Unit Development application;
(3) Shared walls must meet all national code regulations;
4.7.4
Mini-Home and Mobile Homes
(a) Mini-Home -Definition: Mini-home means a sectional prefabricated dwelling
designed for transportation after fabrication to a site, typically transported by means of
flat-bed trucks, and coupled together mechanically and electrically to form a single
structure situated on a concrete foundation, either a full basement or crawlspace, but
does not include a mobile home. Mini homes do not have axles or a chassis.
(b) Mobile Home - Definition: Mobile home means a transportable factory-built single
detached family dwelling unit which:(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;(b) which is designed to be transported on its own wheels and chassis and
subsequently supported on its own wheels, jacks, posts or piers;
Mobile Home or Mini Home Park: means a development under single or joint
ownership, and cared for and controlled by an operator where individual mobile or mini
home lots are rented or leased 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 the, are the
responsibility of the operator/owner. It does not include travel trailer park, campground
or group dwellings.
Mobile Home or Mini-Home Subdivision: means a 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 mobile home or mini-home lots and where the
maintenance of streets and services is the responsibility of a municipality or public
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authority. A mobile home may not be located within a mini home subdivision; however, a
mini home may be located within a mobile home subdivision.
Conditions:
(1) A mobile home may be located outside a mobile home park or subdivision provided
that the structure meets the following conditions:
a. The home is placed on a permanent foundation or otherwise permanently
supported and fixed, with wheels and axles removed, and shall be provided
with a visible foundation or skirting acceptably similar in appearance to
foundations of dwellings in the immediate area;
b. The lot otherwise meets the standards of a residential lot.
(2) Mini-home may be located outside a mini-home park or subdivision provided that the
design is compatible with housing design of existing homes in the neighbourhood.
(3) A mobile/mini home subdivision/park is required to submit a Planned Unit
Development Application (2.2.2 & 2.2.4);
4.7.5
Apartment Building
Definition: Apartment building means a building containing three or more dwelling
units which have a shared entrance and hallway but does not include a row dwelling or a
subsidiary apartment.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Required to submit a Planned Unit Development application;
4.7.6
Cottage ( or Cabin)
Definition: Cottage or cabin means a detached dwelling unit designed or intended for
seasonal or recreational use and it is not intended for use as permanent living quarters
and it does not include a vehicle as defined under the Highway Traffic Act, 1990.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Must meet building requirements under these Development Regulations, including
the National Building Code, etc.
(3) Remote or accessible (recreational) cottages will not be eligible for municipal services
if such service would be a burden to taxpayers;
(4) If a home in a residential area is used as a seasonal residence, it must be maintained to
the standard of the neighbourhood as a full-time residence;
(s) Recreational cottage subdivisions of greater than 4 lots are subject to the Groundwater
Assessment by the Water Resources Management Division (see 8.2.3);
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( 6) In the Rural zone, cottages are a discretionary use that may only be permitted if the
Town is satisfied that it will not create an obligation to provide municipal services and
that it will not have a negative impact on resource exploration and development
within the Rural zone.
4.7.7 Supportive Housing
Definition: Housing that provides on-site supports & services to residents (regardless of
age) who cannot live independently for the following reasons: Are homeless or at risk of
homelessness; Require supports with mental health and/or addictions, and multiple
complex needs; Recent release from incarceration. This can include a group home is a
Single Detached Dwelling used for children or young people who cannot live with their
families, people of any age with chronic disabilities including be adults or seniors, or
people with dementia. Typically, there are no more than six residents. There is at least
one trained care-giver onsite 24-hours a day.
Conditions:
(1)
Must meet Use Zone Site Development Standards and conditions;
(2)
A personal care or group home is permitted in a dwelling unit that is adequate in
size to accommodate the number of persons living in the group, inclusive of staff.
4.7.8
Tiny Homes
Definitions:
Tiny house means a residential single dwelling unit intended for year-round use
designed to be used with a permanent foundation and has permanent provisions for
living, sleeping, eating, cooking and sanitation, typically with a maximum floor area
of<so m2 -
Tiny House Subdivision means a concept proposal, approved by Council to subdivide
property into a minimum of eight (8) or more tiny house residential lots subject to
conditions outlined in a development agreement. It generally shows topographic
information and natural features, such as waterways and vegetation. The concept
proposal will also identify proposed residential lots which may typically require
infrastructure such as streets drainage, culverts, pavement, sidewalks and curbs.
Conditions:
(1) Tiny houses shall be constructed to the requirements of the National Building Code;
(2) Must meet Use Zone Site Development Standards and conditions; that is, all other
siting requirements of the residential land use zone shall apply;
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(3) Tiny houses shall have permanent provisions for living, sleeping, eating, cooking and
sanitation;
(4) An accessory building in the Tiny House Subdivision shall not exceed the size of the
tiny house.
4.7.9 Hostel
Definition: A hostel is typically where an individual may occupy a single room in a
building with shared bathrooms and kitchens, and may include other amenity areas, such
as a gym. The rooms may be offered to the travelling public or may be used as a staff
residence.
Conditions:
1. A hostel must meet Use Zone requirements for a commercial development in the zone
in which it is located;
2. Must meet Digital Services and Service NL requirements for commercial residential
use;
4.8
PUBLIC INFRASTRUCTURE AND UTILITIES
4.8.1
Communications
Definition: Communications means a television, radio, cell phone, or transmission tower
or antenna, as well other communications transmitting or receiving building or
infrastructure and includes wireless communications facilities, such as, infrastructure
regulated by the federal government that enables wireless communications including
broadcast antennas, cellular phone towers including private antenna systems for ham
radio and citizen band radio, mounted on the ground or on another structure such as a
rooftop.
Conditions:
(1) Council may, within any zone, permit land or a building to be used in conjunction
with telecommunications structu·res or antennas subject to the following standards:
a. must meet Industry Canada standards;
b. where it is deemed feasible, a new telecommunications structure or antenna
will share existing telecommunications structure or antenna infrastructure or
will modify or replace an existing telecommunications structure or antenna to
accommodate the new and existing telecommunications structure or antenna
provided the changes to the existing telecommunications structure or antenna
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do not detract from the appearance and character of the surrounding
properties;
c. the colour, location, and design of a new telecommunications structure or
antenna will not detract from the appearance and character of the surrounding
properties and do not negatively impact aesthetically on adjacent lands and
uses; and,
(2) The site or the building on which the telecommunications structure or antenna is
erected or situated may be required to be landscaped or treated in such a manner to
minimize the visual impact on the surrounding area.
4.8.2
Easement
Definition: Easement means the right to use land, most commonly for access to other
property, or as a right-of-way for utility service.
Conditions:
(1)
No permanent building shall be constructed over any known easement, whether
that easement has been assigned to the Town, a department of the provincial or federal
government, or any utility company (i.e.: Newfoundland Power, telephone, cable
television, Crown Land). Permanent buildings include, but are not limited to, all
dwellings and accessory buildings.
4.8.3
Utilities
Definition: Utilities means a development that comprises a system or works including
municipal services used to provide one or more of the following for public consumption,
benefit, convenience or use:
a. water;
b. sewage disposal;
c. drainage;
d. fuel;
e. electric power;
f. waste management;
g. street lighting;
h. telecommunications,
1. and includes minor buildings and the thing that is provided for public
consumption, benefit, convenience or use but does not include a water treatment
plant, sewage treatment plant, solid waste landfill, or power plant (including
energy generating facilities in 4.4.4).
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
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(2) Water treatment plant, sewage treatment plant, solid waste landfill, or power plant
will be reviewed as required by the development application process for the purposes
of establishing conditions for development and ensuring appropriate referrals are
made to agencies such as Environmental Assessment Division, Waste Management
Division, etc .
(3) No adverse effect on adjacent land uses is created.
(4) The size and appearance of such works must be in keeping with adjacent uses; and,
(s) Provision may be required to for buffering in the form of landscaped areas between
uses;
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5.0
GENERAL DEVELOPMENT REGULATIONS
The general regulations apply to all development, as applicable, subject to site conditions,
location, and specific type of proposed use or development.
5.1
NUISANCE PROHIBITION AND BUFFERS
5.1.1 Nuisance and Unsightly development
Definitions:
NUISANCE means activities that created a nuisance by causing or promoting fires or
other hazards or which may emit noxious, offensive or dangerous fumes, smoke, gases,
radiation, smells, ash, dust or grit, excessive noise or vibration, or create any nuisance
that has an unpleasant effect on the senses unless its use is authorized by Council (for
example, in the Industrial zones) and any other authority having jurisdiction.
DANGEROUS OR UNSIGHTLY means partly demolished, decayed, deteriorated or in a
state of disrepair so as to be dangerous, unsightly or unhealthy, and includes property
containing:
a. ashes, junk, cleaning of yards or other rubbish or refuse or a derelict vehicle, vessel,
item of equipment or machinery, or bodies of these or parts thereof,
b. an accumulation of wood shavings, paper, sawdust, dry and inflammable grass or
weeds or other combustible material,
c. an accumulation or collection of materials or refuse that is stockpiled, hidden, or
stored away and is dangerous, unsightly, unhealthy, or offensive to a person, or
d. any other thing that is dangerous, unsightly, unhealthy or offensive to a person, and
includes property, a building or structure with or without structural deficiencies
i.
that is in a ruinous or dilapidated condition,
11.
the condition of which seriously depreciates the value of land or buildings in
the vicinity,
iii.
that is in such a state of non-repair as to be no longer suitable for human
habitation or business purposes,
1v.
that is an allurement to children who may play there to their danger,
v.
constituting a hazard to the health or safety of the public,
vi.
that is unsightly in relation to neighbouring properties because the exterior
finish of the building or structure is not maintained,
vii.
that is a fire hazard to itself or to surrounding lands or buildings,
vm.
that has been excavated or had fill placed on it in a manner that results in a
hazard, or
ix.
that is in a poor state of hygiene or cleanliness;
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Condition:
(1) No building or land shall be used for any purpose which may be a nuisance, dangerous
or unsightly.
5.1.2
Buffers
Definition: Buffer means a berm, wall or opaque fence, row of trees or shrubs, hedge,
fence, or distance separation that provides a barrier between incompatible uses intended
to obstruct or reduce the noise, lighting glare, unsightly views or any other nuisance of
one land use or property onto another. Council may require landscaping and screening
buffers for a proposed development in order to provide:
a. an acoustic barrier;
b. an attractive visual continuity and appearance between developments or on an
individual site;
c. delineation of an area; and
d. protection for the natural environment.
Conditions
(1) A screen or separation between different or incompatible uses, principally between
residential and non-residential uses, will consist of either a screen of a minimum
height of 2.4 metres and a buffer of 10 m between residential and industrial and 3
metres between residential and commercial.
(2) Where an industrial, commercial or public institutional development permitted in any
Use Zone abuts a street that is used as an access into a residential area or zone, a
structural barrier or fence may be required in the flanking street side yard by Council
and the structure or barrier shall be maintained by the owner or occupier of the
property to the satisfaction of Council
(3) The following standards shall apply to development in the vicinity of waterbodies and
in forested areas, as practicable:
a. a riparian buffer of 30 metres minimum undisturbed natural vegetated along
wetlands and waterbodies (ponds, rivers, creeks etc.) or more for riparian areas
near agricultural areas;
b. green belts connected to forested areas or other habitat patches to create
wildlife travel corridors;
c. indicate a minimum percentage of forests to be maintained during lot clearing;
d. Vegetation clearing will be done outside the May 01 to July 31 period, to
minimize disturbance during that sensitive breeding/ young rearing, whenever
possible;
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5.2
LOT SITING AND BUILDING ENVELOPE
5.2.1
Lot Area Integrity
(1) No lot shall be reduced in area, either by the conveyance or alienation of any portion
thereof, such that,
a. the lot area, frontage, front yard, rear yard, and side yards are less than the
minimums permitted by these Development Regulations for the zone in which
such lot is located, and
b. the lot coverage of all buildings exceeds the maximum permitted by these
Development Regulations for the zone in which such lot is located.
(2) Where any part of a lot is required by these Development 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.
(3) Unsubdivided Land: Development is not permitted on unsubdivided land unless
sufficient area is reserved to satisfy the yard and other allowances required in the Use
Zone in which the property is located. These requirements must be retained when the
adjacent land is developed.
5.2.2
Lot Fronting on to a Public Street
No residential, commercial or public building shall be erected on a lot that does not front
directly onto a public street unless the subject lot forms part of a comprehensive
development.
5.2.3
Building Line and Setbacks
Definitions for setbacks can be found in Schedule B; regulations regarding setback are as
follows:
(1) The building line setback is measured from the street right of way at the front of the
property;
(2) Adequate building setback from roads shall be required in order to maintain road
standards, consider public safety requirements for side/back/front yards; and conform
to the existing development pattern; and, ensure adequate provision is made for light,
privacy, and amenity.
(3) Setbacks may be required that are sufficient to allow for landscaping of front yards,
vehicle off-street parking and take into consideration Town service obligations, such
as, snow clearing;
(4) To encourage a more interesting streetscape Council can allow staggered building line
setbacks;
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(5) Council, at its discretion, may allow development to complement existing building
setbacks of adjoining properties by varying the yard requirements up to 10% after
notification of the proposed variance is given to neighbouring property owners in
accordance with section 2.3.1.
(6) If required, the building line as set out in the provincial Building Near Highways
Regulation along a.ny provincial highway, must be adhered to.
5.2.4
Flanking or Corner lots and double fronting lots
In the case of a corner lot, the
shortest lot line facing the street
shall be the front lot line; therefore,
the other lot line is the flanking side
yard, and in the case of double
fronting lots or where the lot lines
are equal in length, the front lot line
shall be determined by the
orientation direction of the majority
of adjacent neighbourhood
buildings, and the other lot line is
the flanking side yard.
5.2.5
Side Yards
(
AbtittlngYard
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An unobstructed side yard shall be provided on the exposed sides of every building in
order to provide access for the maintenance of that building.
5.2.6
Multiple. Uses on One Lot
Where two or more different uses may exist in a single building, more than one main
building may be permitted on a single lot, or a single lot may contain more than one
permitted use, provided that each use shall conform to all requirements in these
Development Regulations that are applicable to that use. EXCEPTION: This does not
apply to a single detached dwelling that is not part of a comprehensive development.
Multiple use may not be permitted where the Authority determines that the proposed use
would not be compatible with existing uses on or adjacent to the lot by reason of safety,
amenity, appearance, or nuisance.
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Where more than one main building is developed on a single lot, sufficient area shall be
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Table applicable to the lot. These allowances shall be maintained when the adjacent land
is developed.
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5.2.7
Outdoor Storage
(1) Outdoor storage shall not be located in front yards, unless specified in the zone.
(2) The Council may require screening from street and other surrounding development
which could include fencing or landscaping.
(3) Outdoor storage shall be maintained with a stable surface to prevent raising or
movement of dust, clay, mud or loose particles.
(4) The Council may, where a development is unsightly or dangerous to health or safety,
order the owner or occupier of the site to remove and dispose of unsightly or
dangerous materials or buildings, or restore the unsightly or dangerous materials or
buildings to a more acceptable and pleasing condition.
5.2.8
Civic Numbering Siting Conditions
(1) All structures shall have a civic number easily visible for fire and emergency services
5.2.9 Building Orientation and Quality
(1) Taking into consideration 4.7.1 regarding building orientation to the street, it is
recommended that wherever possible, development or the siting of a building on a lot
be configured to optimize winter solar exposure and shall take into consideration
street/building layout, shading, landscaping, and on-site parking.
(2) Building Materials: All building materials for exterior finish will be subject to approval
of Council in respect to acceptable visual quality and design appearance. Any outside
elements including exposed ductwork, outside air conditioning units, cooling towers
and tanks are subject to the approval of Council in respect to acceptable visual quality.
5.2.10
Heritage Building or Structure
(1) Where Council designates a building, structure or land, as a heritage building or
structure, no person shall pull down or demolish the designated heritage building or
structure except for life safety reasons or to carry out a public work, nor shall the
exterior of the heritage building or structure be repaired or altered without the written
approval of Council.
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5.3
LANDSCAPING
5.3.1
General Requirements - Residential, Commercial and Industrial zones
2) No site work ( clearing or grubbing) shall commence until a development permit is
issued including conditions regarding existing site vegetation and proposed
landscaping treatment.
3) The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit for a new development or the renovation of an
existing building that includes site work, where, in the opinion of the Town, the
landscaping or screening is desirable to preserve amenity and/ or or protect the
environment.
4) Proposed landscaping or a minimum of suitable ground cover must be achieved within
18 months of completion of the work approved in the development permit.
5) The Council may require a landscape deposit or a financial guarantee (refer to
subsection 2.5.3) in the amount to cover the costs of the landscaping of the lot or area
as a condition of the Development Permit:
6) The deposit shall be paid prior to the issuance of the applicable permit by the Town.
7) The deposit shall be returned upon the successful completion of the landscaping to
the satisfaction of the Town.
8) The amount of the landscape deposit may be set at the amount required to meet
minimum suitable ground cover to prevent soil erosion.
9) A landscape plan accompanying a permit application may be required to include, over
and above the requirements set out in 2.2.2, the following:
a. height and width of required buffers and/ or separation distances, fencing or
retaining walls;
b. location and dimensions of driveway(s), parking areas, hard-surfaced walkways
in relation to landscaping;
c. location and dimensions of existing vegetation to be preserved or removed;
d. any proposed vegetative landscaping, grass or other flower beds, shrubs, trees
and other landscaping elements, such as mulch, ornamental stone, etc., that are
part of a landscaping plan;
10) The landscaped area shall comprise a minimum of soil and grass cover and may also
include flower beds, trees, shrubs, and/or other materials in a design approved by the
Town. Note that mulch or pebbles alone are not considered landscaping unless they
are part of an overall landscape plan.
11) Wherever grass is a requirement for the development of a lot or space, a minimum
topsoil depth of 100 mm will be required for the planting of grass or the laying of grass
sods.
12) To preserve existing natural vegetation on a new site, at the direction of Council, the
limits of new development will be delineated in the field and site work will be located
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in such a manner to minimize disruption on the existing and surrounding natural
vegetation.
13) All areas that are disrupted by construction shall be reinstated by the developer using
natural landscaping with a minimum of topsoil (100 mm) and grass.
14) Whenever an alternate landscaping treatment is approved by Council and the
treatment includes ornamental gravel, the developer or property owner shall ensure
that an appropriate retaining wall or border is constructed to contain the gravel within
the lot boundaries and along hard-surfaced driveways, vehicular circulation areas, and
parking areas;
15) Landscaping of the Town road right of ways adjacent the property shall be the
responsibility of the property owner. All areas between the curb/sidewalk and the
property may be required to be landscaped.
16) Council may require the planting of trees as a condition of a development permit
approval.
17) All landscaping must be maintained in good condition, not create a nuisance, and
provide sufficient cover to prevent soil erosion.
5.3.2
Subdivisions
(1) Wherever possible, natural areas shall be maintained in their natural state and the
destruction of these natural areas by development minimized. If the natural area is a
part of a public open space area, the developer shall prepare a landscape plan
integrating the natural areas with the portions of the open space area that is to be
developed for recreational purposes. The plan will illustrate the grading relationships
between developed and natural areas of the park .
(2) Minimum landscaping of the recreational open space area shall be topsoil and grass
seed, as determined by the Town. Note that mulch or pebbles alone are not
considered landscaping unless they are part of an overall landscape plan.
(3) Where it is determined by Council that berming or a swale is required, or that major
sloping occurs within, or outside, the normal boundaries of a lot, it shall be the
developer's responsibility to landscape the berm, swale or slope with a minimum of
grass.
(4) A landscape deposit may be required as part of the Development agreement to be
returned upon the acceptance of the area by Engineering Services.
5.4
MUNICIPAL SERVICES AND PUBLIC UTILITIES
Within any Use Zone Council may permit land to be used for the provision of public
services and public utilities if the use of that land is necessary to the proper operation of
the public servi~e or public utility concerned, provided that the design and landscaping of
any development of any land so used is, in the opinion of Council, adequate to protect the
character and appearance of the area.
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Development Regulations 2024-2034
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5.4.1
Access And Streets
1) All development must front on to a publicly maintained road (Provincial or
Municipal} and have independent, approved access. Exceptions include: (1) a
development within a Planned Unit Development where there may be an internal road
plan (which will be set out in the Development Regulations); however, the PUB must
front onto a publicly maintained road; and (2) natural resource uses and associated
industries, i.e., agriculture, forestry, mineral working, etc
2) An access on a municipal road shall be located as specified by the Council; Access(es)
shall be located to the specification of Council so as to ensure the greatest possible
convenience and safety of the street system and Council may prescribe the
construction of service streets to reduce the number of accesses to collector and
arterial streets.
3} All access to a provincial highway is determined by the Department of Transportation
and Works (Note: access permits are administered by Service NL).
4} No vehicular access shall be closer than 10 m to the street line of a street intersection
of a local road, or 20 m to the street line of a street intersection in the case of a
collector or arterial road.
5) The Council may require the provision of service streets to reduce the number of
individual accesses to an adjacent street.
6) Details regarding off-street loading and parking can be found in Chapter 7.
7) Notwithstanding subsection 1, the following types of development may be allowed on
lots that front on to a private road provided that arrangements are made for the
maintenance of the on-site road, but that the road is not maintained by a Council at
public expense:
a. commercial rental cottages;
b. seasonal commercial uses related to tourism;
c. resort developments;
d. seasonal cottage developments not intended for permanent residential use;
and,
e. vacant land condominium subdivisions.
8) A new street may not be constructed except in accordance with and to the design and
specifications established by Council.
9) Where Council has adopted an access plan, the location of accesses to existing and
new developments shall be in accordance with that plan.
10) Access shall be located so that there is no visual obstruction for drivers of vehicles
entering or exiting the development; therefore, to protect sightlines (view) of
motorists and pedestrians:
11) All occupied lands within 7 m of a street intersection shall be kept free of any shrubs,
plants, and trees that will impede the line of vision clear for motorists and pedestrians,
and
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12) No building or structure shall be permitted to be erected, moved, enlarged, or
reconstructed on any land that is within 7 m of a street intersection.
13) In order to control access to streets, Council may, by the adoption of an Access Plan:
a. determine the number, location and layout of accesses to a street;
b. require an access to a service street, where direct access to an arterial street is
not desirable;
c. require two or more properties to share a joint access to an arterial street where
individual accesses would not be desirable; and,
14) Where Council has adopted an access plan, the location of accesses to existing and
new developments shall be in accordance with that plan.
5.4.2 Shared Driveway
Definition: A Shared Driveway means a roadway within private property that is privately
owned, maintained and used for vehicular travel by the owner and those having express
or implied permission from the owner, but not other persons. Their main function is to
provide access to the private land.
Conditions:
(1) A shared driveway is considered a private road and it shall not be maintained by
Council;
(2) No more than four properties are allowed to have a shared driveway (private road);
{3) All primary buildings accessed by a shared driveway must have a street number visible
from the street in order to meet public safety and emergency requirements
5.4.3
Storm Water Management
(1) Land shall be used and graded in such a manner that run-off from the land or
development does not negatively impact adjoining properties, and that all surface
drainage shall be captured in accordance with the requirements of Council.
(2) Development of land will be undertaken with the objective of wherever possible
achieving zero net run off with respect to on-site storm water runoff.
(3) Where development results in the discharge of storm water into a wetland, waterbody,
or watercourse, such discharge shall be designed to minimize any environmentally
detrimental effects on the receiving water or watercourse and designed and
constructed in accordance with the requirements and conditions of Council.
{4) Consideration may be given to green approaches to storm water management.
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Development Regulations 2024-2034
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5.4.4
Effluents
(1) Liquid or Semi-Solid Industrial Drainage: No liquid or semi-solid industrial waste or
effluent shall be discharged on the surface or into the ground and no water borne
industrial waste or effluent shall be discharged on the surface or into the ground, into
the surface drainage ditches or sanitary sewers unless the chemical and/or biological
content is acceptable to Council or authorities having jurisdiction.
(2) Any effluent or runoff leaving the site will be required to conform to the requirements
of the Environmental Control Water and Sewage Regulations, 2003.
5.4.5
On-Site Services (Wells and onsite sanitary sewer systems)
Approvals for installation of on-site water and sewer systems must be obtained from
Service NL.
5.4.6
Environmental Investigations
Approvals for any development that may have an environmental impact must be referred
to Environmental Investigations, Service NL, and/ or the Pollution Prevention Division,
Department of Municipal and Provincial Affairs.
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5.5
OFF-STREET LOADING, PARKING AND SIGNS
5.5.1
Off-Street Loading Requirements
1. Where Council deems necessary, for every building, structure or use requiring the
shipping, loading or unloading of animals, goods, wares or merchandise, one or more
loading spaces will be provided and maintained on the lot measuring at least 15 metres
long and 4 metres wide with a vertical clearance of at least 4 metres. The space will
have direct access to a public street or to a driveway of a minimum width of 6 metres
that connects to a public street.
2. The number of loading spaces to be provided will be determined by Council during
application review.
3. The loading spaces required by this Development Regulation will be designed so that
vehicles can maneuver clear of any street and so that it would not be necessary for any
vehicle to reverse onto or from a street.
5.5.2
Parking
5.5.2.1 Parking requirements
1. For every building, structure or use to be erected or enlarged, there shall be provided
and maintained a quantity of off-street parking spaces sufficient to ensure that the
flow of traffic on adjacent streets is not impeded by on-street parking of vehicles
associated with that building, structure or use
2. Each parking space, except in the case of a single detached, semi-detached or attached
dwelling, will be made accessible by means of a right-of-way at least 3 m wide.
3. Residential parking spaces shall be provided on the same lot as the dwelling or
dwellings.
4. No regular parking of commercial vehicles or trailers except for vehicles with a gross
weight of no greater than one tonne will be permitted in a residential zone unless
specific provision has been made for this type of parking with the approval of Council.
5. Parking space for apartment buildings may be provided in the rear yard where
possible.
6. Non-residential parking spaces shall be provided not more than 200 m from the use
for which the parking is required.
7. The parking facilities required by this Development Regulation will, except in the case
of single detached, semi-detached or attached dwellings, be arranged so that it is not
necessary for any vehicle to reverse onto or from a street.
8. Where Council permits parking perpendicular to the curb, the minimum dimensions
of each parking stall will be as follows:
Town of Cape Bl'Oyle
Development Regulations 2024-2034
- Parking stall width
2.75m
- Parkine: stall lemrth or deoth
5.5m
- Aisle width separating opposite parking stalls
7.3m
- Aisle width separating a stall from another obstruction
7.3 m
- Drivewav width
7.om
9. Other requirements for parking areas are as follows:
a. The parking area will be constructed and maintained to the specifications of
Council,
b. Lights for illumination of the parking area will be arranged so as to divert the
light away from adjacent development,
c. Except on a service station or industrial lot, no gasoline pump or other service
station equipment will be located or maintained in a parking area,
d. No part of any off-street parking area will be closer than 1.5 metres from the
front lot line in any zone,
e. Where Council deems that strict application of the parking requirements is
impractical or undesirable, Council may as a condition of a permit require the
developer to pay a service levy in lieu of the provision of a parking area, and
Council will use the full amount of the levy for the provision and upkeep of
alternative parking facilities within the vicinity of the development.
10. Where, in the opinion of Council, strict application of the above parking requirements
is impractical or undesirable, Council may, as a condition of a permit, require the
developer to pay a service levy in accordance with these Development Regulations in
lieu of the provision of a parking area, and the full amount of the levy charged may be
used by Council for the provision and upkeep of alternative parking facilities within
the general vicinity of the development.
5.5.2.2 Parking Development Plans
Council may exempt or change all the off-street parking required under this section for a
designated area, provided the development within the designated area is controlled as a
Planned Unit Development.
5.5.2.3 Off-Street Parking Requirements
1. The off-street parking requirements for are set out in the following table, and for those
uses not indicated, then the parking and off-loading requirements are at the discretion
of Council. In the case of developments that include more than one use or
development, these standards shall be regarded as cumulative.
2. Adequate off-street provision for the drop-off and pick-up of persons will be provided
on the same lot as the development unless otherwise stipulated by Council.
3. The number of spaces to be provided for off-street parking will be in accordance with
the following table.
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Amusement
Animal Groomin
A artment Buildin
Automotive Sales
Bake
Bank
Bank - Drive throu h
Bar (ni ht club)
Bed and Breakfast
Car Wash
Clinic
Club and Lodge
Commercial Garage
Convenience Store
Public Gatherin Places
Da Care-non-residential
Semi-Detached (Double)
Dwellin
D
Educational
Funeral Home
Furniture & Appliance
Showroom
General Indust
General Service
Hazardous Indust
Health Club
Town of Cape Broyle
Development Regulations 2024-2034
Schools - 2 spaces for every classroom; Further education
- 1 space for every 5 persons using the facilities (students,
facul
and staff)
One parking space for every 5 m2of gross floor area used
b visitors
One parking space for every 50 m2of gross floor area
::
1:f!1s~in~Dl11,-rs~m~t~11~i t;::[~rtt~1JMV~lQiff"Sffl~ik~~~--~~-~Ni<~,,
Hotel
One parking space for every 3 sleeping units plus one
arkin s ace for eve
15 m2 of ban uet sea tin area
Light Industry
As specified by Council but not less than one space per 50
Medical Treatment and
S ecial Care
Mobile & Mini Homes
Office
Personal Service
Public Gathering Place-
Indoor
Regional Institutional Use
Restaurant
Restaurant - Drive
Throu h
Restaurant -Take-out
Retail
Row Dwellin
m
2 of gross floor area or 5 parking spaces, whichever is
eater
Once space per 22 m2of suite or ward area
One space for every 6 seats; or one space for every 15 m2of
oss floor area
One parking space for every 10 spectators that may be
accommodated at one time
One parking space per 5 m2of seating space
oss floor area
oss floor area
Sport & Recreation facility
Three parking spaces for every 5 patrons of the facility at
Subsidia
5.5.2.4 Designated Mobility Impaired Parking Spaces
For any development where parking spaces for person with disabilities are required
pursuant to the Buildings Accessibilities Regulations under the Building Accessibility Act,
1990 (Newfoundland and Labrador), such spaces shall be provided on the basis of one
parking space per lot or four percent (4%) of the total number of required parking spaced
provided on the lot, whichever is greater, according to the regulations, and such parking
space or spaces may be required to be designated and marked in accordance with the
Highway Traffic Act, 1990 (Newfoundland and Labrador) and the Buildings Accessibilities
Act, 1990.
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5.6
SIGNS (ADVERTISEMENTS)
5.6.1
Permit Required
No sign or advertisement shall be erected or displayed in the Municipal Planning Area
unless a permit for the advertisement is first obtained from the Authority, except for
those signs that are exempt from control as listed in the following provision.
5.6.1.1 Signs/Advertisements Exempt from Permit Requirement
The following signs may be erected or displayed in the Municipal Planning Area without
permit:
a. on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2
m2 in area;
b. on an agricultural holding or farm, a notice board not exceeding 1 m2 in area and
relating to the operations being conducted on the land;
c. on land used for forestry purposes, signs or notices not exceeding 1 m2 in area and
relating to forestry operations or the location of logging operations conducted on the
land;
d. on land used for mining or quarrying operations, a notice board not exceeding 1 m2 in
area relating to the operation conducted on the land;
e. on 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.
5.6.1.2 Application for Permit
Application for a permit to erect or display an advertisement shall be made to the
authority in accordance with the requirements for a development permit as set out in the
Administration Section. Approval may be subject to conditions as determined by Council.
5.6.1. 3 Signs/ Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any
highway or street reservation.
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5.6.1.4 Permit Valid for Limited Period
A permit granted under these Development 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.
5.6.1.5 Removal of Signs/ Advertisements
Notwithstanding the provisions of these Development 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.
5.6.1.6 Non-Conforming Uses
A permit may be used for the erection or display of signs or advertisements on a building
or within the courtyard of a building or on a parcel of land, the use of which is a non-
conforming use, provided that the advertisement does not exceed the size and type of
advertisement which could be permitted if the development was in a Use Zone
appropriate to its use, and subject to any other conditions deemed appropriate by the
Authority.
5.6.2
Sign Standards
5.6.2.1 Advertisements Relating to Onsite Uses
The conditions for the erection or display of a sign on any lot or site occupied by a
permitted use or a legal non-conforming use shall be as follows:
a. The size, shape, illumination and material construction of the advertisement shall
meet the requirements of Council, having regard to the safety and convenience of
users of adjacent streets and sidewalks, and the general amenities of the surrounding
area.
b. No advertisement shall exceed 1.5 m2 in area.
c. Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will
not be allowed in the residential area.
5.6.2.2 Advertisements Relating to Offsite Uses on Local Roads
The conditions for the erection or display of a sign on any site, relating to a use permitted
in this or another zone, or not relating to a specific land use, shall be as follows:
a. No advertisement shall exceed 1.5 m2 in area.
b. When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to, the premises to which they relate.
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5.6.2.3 Highway Sign Regulations, 1999
The Highway Sign Regulations, 1999 apply within the Municipal Planning Area boundary
of the Town of Cape Broyle. A permit is required for any sign erected within designated
control lines of a highway. Government Service Centre, Service NL, is the authority for the
Highway Sign Regulations.
According to section 5, the control lines extend 400 metres from the centreline of the
road except within an incorporated municipality where the control line extends 100
metres from the centreline. Within this control line, corridor 1 is reserved for regulatory,
directional and fingerboard information signs. Off-site promotional signs are restricted to
those associated with uses listed in the schedule and are restricted to corridor 2. The
Highway Sign Regulations do not provide for other types of off-site signage including
digital signs.
The Highway Sign Regulations provide an opportunity for municipalities to apply for an
exemption. This exemption only applies where the speed limit is less than 60 km
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Development Regulations 2024-2034
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6.o
SUBDMSION OF LAND
6.1
SUBDMSION APPLICATION
6.1.1
Permit Required
1) No land in the Municipal Planning Area shall be subdivided unless a permit for the
development of the subdivision is first obtained from Council.
2) No provision in a will that purports to subdivide land is of any effect to subdivide that
land contrary to these Development Regulations
3) For further clarification: no land over which there is an existing structure shall be
subdivided for the purpose of creating distinct title to different dwelling units unless;
4) Each dwelling unit is entirely comprised within the new title and self-contained within
the new lot with no common spaces or shared services,
5) The fire separation for each dwelling unit is confirmed,
6) The subdivision must fully comply with all aspects of the Town's Development
Regulations including, but not limited to, definitions and land use zone requirements;
7) A subsidiary apartment cannot be subdivided from the self-contained dwelling that it
is constructed within.
6.1.2
Subdivision Standards apply
The provisions in this Section of the Development Regulations apply each of the
following:
a. The subdivision of land under single ownership into two or more lots, including
the residual lot,
b. Construction, upgrading, or extension of a public street, and
c. Extension or upgrading of the municipal water and sewer system.
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6.1.3
Subdivisions standards do not apply
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The subdivision standards in 6.3 of this Chapter shall not apply to the following, but a
permit is required:
(1) Where the parcel being created is to be used solely for the unattended equipment
necessary for:
a. the operation of community water, storm or sanitary sewer systems;
b. public utilities, including electrical substations or generating stations;
c. air or marine navigational aids;
d. any other similar public service or utility (including wind turbine 'farms');
(2) Public institutional uses, including cemeteries;
(3) Resource uses set out in the Rural zone;
(4) Conservation, open space, park uses;
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Development Regulations 2024-2034
lll
(5) Minor subdivisions of four (4) or fewer lots which do not require new public or private
road construction or the installation of utility infrastructure or water and sewer
services ( other than private connections; these must comply with the development
standards of the Use Zone.
6.1.4
Public Notice
Council shall, at the applicant's expense, publish a notice in a newspaper circulating in
the area of the application, or by any other appropriate public notification, including
social media, and consider any representations or submissions received in response to
that public notification.
6.1.5
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
6.1.6
Subdivision Permit Subject to Considerations
(1) A permit shall not be issued when, in the opinion of Council, the development of a
subdivision does not contribute to the orderly growth of the Town or does not
demonstrate sound design principles.
(2) In considering an application, Council shall, without limiting the generality of the
foregoing, consider:
a. the location of the land;
b. the availability of and the demand created for schools, services, and utilities;
c. the provisions of the Municipal Plan and Development 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;
1.
natural features such as lakes, streams, topsoil, trees and shrubs and potential
environmental effects with respect to watercourses, wetlands, steep slopes,
drainage patterns, storm water generation and control, and loss or
fragmentation of habitat,
j.
prevailing winds;
k. visual quality;
1.
community facilities;
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m. municipal costs related to the provision and maintenance of roads, other
infrastructure, and municipal services;
n. energy conservation; and,
o. such other matters as may affect the proposed development.
6.1.7
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until Council is satisfied
that:
the lot can be serviced with satisfactory water supply and sewage disposal systems,
satisfactory access to a street is provided for the lots, and
the lot meets the minimum development standards for the Use Zone in which the lot is
located.
6.1.8
Building Permits Required
Notwithstanding the approval of a subdivision and a permit to subdivide land by Council,
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 Development
Regulations with respect to the development of the subdivision.
6.2
SUBDMSION APPLICATION REQUIREMENTS
6.2.1
Subdivision Development Agreement
Where Council has determined that a subdivision development agreement is a condition
of a permit for the subdivision development, the subdivision development agreement
shall meet the conditions of Development Agreements as set out in the Administration
chapter.
6.2.2
Municipal Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to Council have been made in the application for a supply of drinking water, a
properly designed sewage disposal system, and a properly designed storm drainage
system so as not to affect adjoining and nearby properties.
Town of Cape Bl'Oyle
Development Regulations 2024-2034
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6.2.3
Private Well water source: Groundwater Supply Assessment and Reporting
(1) A groundwater assessment report shall be required to be completed and submitted by
the subdivision applicant to the Water Resources Management Division (and copied
to the Town) as part of the subdivision approval process where a minimum sized
subdivision is to be serviced by individual wells. This applies to both residential and
cottage subdivisions. The Groundwater Assessment Report must be prepared in
accordance with the Department of Municipal and Provincial Affairs Groundwater
Supply Assessment and Reporting Guidelines for Subdivisions Serviced by Individual
Private Wells. Requirements to complete a Groundwater Assessment Report shall be
based upon the following criterion:
(2) A groundwater assessment study will not be required for subdivisions less than five
(5) lots, each having a minimum 2,203m2 (1/2 acre) size, unless the area has
documented drinking water quality and/or quantity problems.
(3) A proposed subdivision from five (5) to fifteen (15) lots will require a Level I
assessment, as defined in the Groundwater Supply Assessment and Reporting
Guidelines.
(4) A proposed subdivision greater than fifteen (15) lots will require a Level II assessment,
as defined in the Groundwater Supply Assessment and Reporting Guidelines.
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No-but may be required if site has
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6.2.4
Fees, Service Levies and Land for Open Space
6.2.4.1 Subdivision Fees
The applicant shall pay a subdivision application fee as determined by Council at the time
of submitting a Development Application to subdivide. The subdivision application fee
may be calculated on a per-lot basis for every lot created by the subdivision of land. This
fee may be calculated in addition to any other fee or charge required under the regulation
addressing Development Charges.
6.2.4.2 Service Levies and Local Improvement Assessments
(1) The applicant shall be required to pay all service levies and local improvement
assessments identified by Council for connection to services, utilities, streets, and for
the construction or improving of capital works funded by Council or under Council's
direction which benefit and accommodate the development or subdivision. The
service levies or local improvements assessments will be paid in such amount and in
such form as determined by Council as a condition of permit or as a condition of a
Development Agreement to subdivide land and such payment will be agreed upon
prior to construction occurring on the land.
(2) This section shall not affect any outstanding levies and/or assessments that were
determined prior to the enactment of these Development Regulations.
(3) The applicant shall pay the cost of all capital works necessary to serve the proposed
development or subdivision.
6.2.4. 3 Deposit of Securities
As a condition of a permit to develop a subdivision and as part of a Development
Agreement to subdivide, the Town shall require an applicant to deposit with the Town a
security to cover the cost of all the subdivision improvements and completion thereof.
These securities shall be payable after approval by Council and before issuance of a
construction permit under these Development Regulations.
6.2.4.4 Land for Public Open Space
(1) Before a development commences, the developer shall, if required, dedicate to
Council, at no cost to the Town, an area of land equivalent to not more than ten
percent {10%) of the gross area of the residential subdivision for public recreational
open spaces, subject to the following requirements:
a. where land is subdivided for any purpose other than residential use, Council
shall determine the percentage of land to be dedicated;
b. if, in the opinion of Council, no public open space is required, the land may be
used for such other public use as Council may determine;
c. the location and suitability of any land dedicated under the provisions of this
Development Regulation shall be subject to the approval of Council but in any
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Development Regulations 2024-2034
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case, Council shall not accept land which, in its opinion, is incapable of
development for any purpose;
d. Council may accept from the developer, in lieu of such area or areas of land, the
payment of a sum of money equal to the value of the land which would
otherwise be required to be dedicated; and,
e. this money received by the Authority (above), shall be reserved by the Town for
the purpose of the acquisition or development of land for public open space or
other public purpose.
(2) Land dedicated for public use in accordance with this Development Regulation shall
be conveyed to the Town and may be sold or leased by Council for the purposes of any
development that conforms with the requirements of these Development Regulations,
and the proceeds of any sale or other disposition of land shall be applied against the
cost of acquisition or development of any other land for the purposes of public open
space or other public purposes.
(3) Council may require a strip of land to be reserved and remain undeveloped along the
banks of any river, brook or pond, and this land may, at the discretion of Council,
constitute the requirement of land for public use.
6.3
SUBDMSION DESIGN STANDARDS
No permit shall be issued for the development of a subdivision under these Development
Regulations unless the design of the subdivision conforms to the following standards.
1) The finished grade of streets shall not exceed ten percent (10%).
2) The plan shall indicate which streets are classified as arterial, collector or service
(local) roads.
3) Every cul-de-sac may be required to provide a turning circle of a diameter of not less
than30 m.
4) The maximum length of any cul-de-sac ( or dead-end street) shall be:
a. 200 metres in areas served by, or planned to be served by, municipal piped water
and sewer services;
b. 300 metres in areas not served by, or planned to be served by, municipal piped
water and sewer services;
c. all cul de sac water mains will be connected to a water main on an adjoining street
or will be looped back to ensure continuous water flow and prevent stagnant water
at the end of dead-end pipes.
5) 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.
6) No cul-de-sac shall be located so as to appear to terminate a collector street.
7) New subdivisions shall have street connections with an existing street or streets.
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8) All street intersections shall be constructed within 5° of a right angle and this
alignment shall be maintained for 30 m from the intersection.
9) No street intersection may be required not to be closer than 40 metres to any other
street intersection.
10) No more than four streets shall join at any street intersection.
n) No residential street block shall be longer than 490 metres between street
intersections.
12) No lot intended for residential purposes shall have a depth exceeding four times the
frontage.
13) Residential lots shall not be permitted which abut a local street at both front and rear
lot lines.
14) Council may require any existing natural, historical or architectural feature or part
thereof to be retained when a subdivision is developed.
15) Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
16) Front Yard/Building Lines: Council may establish front yard/building lines for any
subdivision street and require any new building to be located on such building lines.
17) Streets in residential subdivisions shall be designed in accordance with the approved
standards of Council, but in the absence of such standards, shall conform to the
following minimum standards:
Arterial Streets
30111
Collector Streets
20m
Local Residential Streets
Where more than 50% of
12m
the units are single
detached or semi-
detached ( double)
dwellinas
Where 50% or more of
18-20 m
the units are row houses
or a artments
Service Streets
12 m
TO\vn of Cape Broyle
Development Regulations 2024-20:3·1
15 m
1.5 m
Council
Discretion
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Discretion
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Council
Discretion
6.4
SUBDMSION ENGINEERING STANDARDS
No permit shall be issued for the development of a subdivision under these Development
Regulations unless the design of the subdivision conforms to the requirements
established by Council and any "Municipal Engineering Subdivision Standards" as
approved by Council.
6.4.1
Engineer to Design Works and Certify Construction Layout
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 Council to service the area proposed to be developed
or subdivided shall be designed and prepared by or approved by the Town's Engineer.
Such designs and specifications shall, upon approval by Council, be incorporated in the
plan of subdivision.
Upon approval by Council of the proposed subdivision, the Engineering Consultant
retained by the Town 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 the developer's own cost and in accordance with the approved designs
and specifications and the construction layout certified by the Engineering Consultant
retained by the Town, of all such water mains, hydrants, sanitary sewers, and all
appurtenances and of all such streets and other works deemed necessary by Council to
service the said area.
6.4.2
Developer to Pay Engineer's Fees and Charges
The developer shall pay to Council all the Engineer's fees and charges for the preparation
of designs and specifications and for the layout and supervision of construction; such fees
and charges being percentages of the total cost of materials and labour for the
construction and installation of all works calculated in accordance with the Schedule of
Fees recommended by the Association of Professional Engineers & Geoscientists of
Newfoundland & Labrador and in effect at the time the work is carried out.
6.4.3
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks, and
paving specified by Council as being necessary, may, at Council's discretion, be deferred
until a later stage of the work on the development of the subdivision but the developer
shall deposit with Council, before approval of the application, an amount estimated by
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the Town's Engineer to be reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the development, Council shall call for
tenders for the 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 Town the amount of the excess. If
the contract price is less than the deposit, the Town shall refund the amount by which the
deposit exceeds the contract price. Any amount so deposited with the Town by the
developer shall be placed in a separate savings account in a bank and all interest earned
thereon shall be credited to the developer.
6.4.4
Construction of Utilities
Within any street reservation, the placing of any utility structure or service such as a
hydro pole, telephone pole, underground hydro service boxes, internet or cable services,
Canada Post group mail boxes, fire hydrant, fire alarm or sign post, shall receive the prior
approval of the Authority with regard to the proposed location of utilities, safe
construction, required easements and the relationship to other structures within the
street reservation and to adjoining buildings.
6.4.5
Structures in Street Reservation
No structures shall be placed within any street reservation of any structure ( e.g., a utility
pole, bus shelter, fire hydrant, mail box, fire alarm, school bus shelter, sign post) without
prior approval of Council which shall take into consideration safety considerations, such
as, sight lines, obstructions, safe construction, and the relationship of the structure to the
adjoining buildings and other structures within the street reservation, and relationship to
the movement of vehicles and pedestrians.
6.4.6
Transfer of Streets and Utilities to Council
The developer shall, following the approval of the subdivision of land and upon request of
Council, transfer to the Town, at no cost to the Town, and clear of all liens and
encumbrances:
a. all lands in the area proposed to be developed or subdivided which are approved and
designated by Council for public uses as streets, or other rights-of-way, or for other
public use; and
b. all services or public works including streets, water supply and distribution, and
sanitary and storm drainage systems installed in the subdivision that are normally
owned and operated by Council.
Town of Cape Bmyl.e
Development Regulations 2024-2034
Before Council shall accept the transfer of lands, services, or public works of any
subdivision, the Manager of Engineering Services shall, at the cost to the developer, test
the streets, services and public works installed in the subdivision and certify satisfaction
with their installation.
Council shall not provide maintenance for any street, service, or public work in any
subdivision until such time as such street, service, or public work has been transferred to
and accepted by Council.
6.4.7
Mini/mobile home park subdivision
(1) The minimum size of parcel for a Mini/mobile home subdivision/park is 2 hectares.
(2) Where municipal services are not provided, the maintenance of the services is the
shared responsibility of the members of the park.
(3) A development application for a mini/mobile home subdivision/park shall provide the
same information as a set out this Part for major subdivisions.
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SCHEDULES
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Develo:prnent Regulations 2024-2034
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Town of Cape Broyle
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SCHEDULE A: FEDERAL AND PROVINCIAL GOVE~MENT REQUIREMENTS
Council shall ensure compliance with the following federal and provincial government
requirements, as applicable, throughout the Municipal Planning area:
A.1
Removal of Quarry materials, site grading, soil deposit
(1) No development permit for removal or deposit of soil, topsoil, sods, or the excavation
and removal of excavated material or grading is required if it is part of an approved
development project or affects less than 125 m3 of soil, sand, gravel, rock or other
substance down to and including bedrock. All other cut or fill work, excavation and
removal and deposit of material or grading requires a development permit under these
Development Regulations, and must meet the following conditions:
a. resulting slopes are stable and without hazards;
b. when the work is completed, the area affected shall be covered with topsoil and
other necessary material for vigorous plant growth and planted with
appropriate vegetation;
c. drainage must be provided to the satisfaction of Council and will be designed
so as not to impair existing surface drainage nor to create erosion either on the
site or on adjacent sites.
(2) Restrict development in environmentally sensitive areas such as steep slopes and areas
prone to landslides and rockfall;
(3) For approved developments where the extraction of quarry materials is occurring or
may be expected occur, the Town will send a copy of the development permit to the
Quarry Materials Section, Mineral Lands Division, at [email protected] .
Quarry materials include but are not limited to aggregate, fill, rock, stone, gravel,
sand, clay, borrow material, topsoil, overburden, subsoil, peat. It is important that the
Mineral Lands Division have the documentation necessary to distinguish excavation
associated with an approved development from excavation that constitutes quarrying;
possessing development permits for developments which may involve excavation will
assist greatly in making this distinction .
A.2
Crown land
Definition: Crown land has the meaning as set out in the Lands Act, 1991.
Conditions:
(1) The use of Crown land is subject to the Town of Cape Broyle Municipal Plan and
Development Regulations, including zoning and permitting requirements.
Town of Cape Bl'Oyle
Development Regulations 2024-2034
123
(2) Approvals must be obtained from the appropriate Regional Lands Office, Government
of Newfoundland and Labrador; applications are made to the Regional Lands Office.
(3) Crown land applications must be approved by the Council regarding the use and
development of the land prior to approval for issuance of title by the Lands Branch of
the Government of Newfoundland and Labrador.
A.3
Surveys Control Markers
(1) Control Survey markers are Identified for protection by the GIS & Mapping Division
and are shown on the Land Use zoning map; Council must ensure that these are not
disturbed by development. Council will inform the Surveys and Mapping Division
when a proposed development is proposed in the vicinity of a Survey Control
Monument. There are 4 monuments in the Municipal Planning Area as shown on the
Land Use Zoning map.
A.4
Archaeology
If an archaeological site or artefact is discovered during development of a property, the
development shall stop and Council will consult with the Provincial Archaeology Office.
Development shall not proceed until the Provincial Archaeology Office has evaluated the
site or authorized the development to proceed.
Before approval is granted for a major development such as a subdivision or a new
commercial or public building, the application will be referred to the Provincial
Archaeology Office for comments.
Any accidental discoveries of historic resources shall also be reported by the Town to the
Provincial Archaeology Office.
A.5
Water Resources (watercourses, shorelines, and wetland)
Definition: (From the Water Resources Act, 2002) "body of water" means a surface or
subterranean source of fresh or salt water within the jurisdiction of the province, whether
that source usually contains liquid or frozen water or not, and includes water above the
bed of the sea that is within the jurisdiction of the province, a river, stream, brook, creek,
watercourse, lake, pond, spring, lagoon, ravine, gully, canal, wetland and other· flowing or
standing water and the land occupied by that body of water;
Conditions:
To ensure conformance with requirements of the Water Resources Management Division
of the provincial government regarding development within or adjacent to a
Watercourse or Wetland, the following applies:
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(1) For all portions of a lot that are located within 15 metres of the edge of a wetland or the
top of the stream bank of a watercourse, no building or structure will be permitted,
except for:
a. reconstruction of a building that was in existence on the date of approval of this
Municipal Plan;
b. an accessory building or structure to the above reconstructed building;
c. a passive recreational use;
d. wharves, boathouses, slipways and breakwaters that conform to the guidelines
provided by the Water Resources Management Division; and/ or,
e. uses that require direct access to a body of water in buffers.
(2) A Section 48 permit under the Water Resources Act, 2002 administered by the Water
Resource Management Division of the Department of Municipal and Provincial
Affairs, and compliance with departmental policy is required, for:
a. Any infilling work within 15 metres of a body of water (W.R.91-1-Infilling Bodies of
Water);,
b. Any work in Shore Water zones where a "Shore Water Zone" means the land that
is intermittently occupied by water as a result of the naturally fluctuating surface
water level in a body of water which can be either a fresh or salt water body and,
in either case, the low water mark and high-water mark of the water body defining
the edges of the shore water zone (W.R. 97-1-Development in Shore Water Zones);
c. Development in wetlands (W.R. 97-2-Development in Wetlands);
(3) A Non-Domestic Water Use Permit from the Water Resource Management Division of
the Department of Municipal and Provincial Affairs is required before construction
and for all existing, new or planned water use from any water source;
(4) The Environmental Control Water and Sewage Regulations, 2003 apply regarding for
any effluent or runoff from a site and on-site sewerage disposal systems are prohibited
within 30 metres from a waterbody or watercourse;
(5) Where fish habitat is affected, Fisheries and Oceans Canada must be consulted.
A.6.
Forestry and Wildlife
(1) To protect general wildlife habitat and landscape connectivity, require the Protection
'on following conditions on applications in the vicinity of waterbodies, as practicable:
i. a riparian buffer of 30 m minimum undisturbed natural vegetated along
wetlands and waterbodies (ponds, rivers, creeks etc.) or more for
riparian areas near agricultural areas;
ii. green belts connected to forested areas or other habitat patches to
create wildlife travel corridors;
iii. indicate a minimum percentage of forests to be maintained during lot
clearing;
Town of Cape Bmyle
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(2) Vegetation clearing will be done outside the May 01 to July 31 period, to minimize
disturbance during that sensitive breeding/ young rearing, whenever possible;
(3) Areas identified for Domestic harvesting are included in the Rural zone where
harvesting activities are a Permitted Use.
A.7
Climate Change Impacts
Council shall take into consideration available data regarding provincial climate change
projections for Comfort Cove and Gander (nearest regional sites) when considering land
for future developments that are in close proximity to a river, floodplain or coastline.
These projections suggest that extreme precipitation events will become more intense, by
about 32%. Climate change is expected to result in more precipitation and more frequent
extreme weather events that may result in increased flooding, sea surge and coastal
erosion.
A.8
Easements
Consult with Newfoundland Power and Newfoundland and Labrador Hydro regarding
any applications for development near overhead distribution lines and a main
transmission line that fall within the Municipal Planning Area boundary.
A.9
Provincial Government permits from Digital Government and Service NL
A.9.1
General requirements
Council shall require compliance with Service NL requirements, before issuing approvals.
These include, but are not limited to: on-site services, highway signs; electrical permits;
building accessibility; access to highways; tanning salon and/or Personal services
establishment; Food establishment licence; public markets/farmer's markets; meat plant;
pool; wastewater or water system approval; tobacco sales; water supply testing; cemetery;
waste management; fuel storage and handling; asphalt, boiler; pressure vessel and
compressed gas installation. The Development Regulations will provide greater detail on:
on-site services, highway signs; building accessibility; access to highways.
A.9.2 Provincial Highway Sign Regulations, 1996
(1) A permit for erection or display of advertisement on Provincial Highways shall be
obtained from the Government Service Centre. This requirement applies within a
control line established on each side of every highway, as follows:
a. Every control line shall be 400 m distant, measured horizontally, from the
centre line of the roadway or the centre line of the nearest lane of a divided
highway.
b. Notwithstanding subsection (1), within the boundaries of each incorporated
municipality or the built-up established areas of unincorporated communities,
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the control line shall be 100 m distant, measured horizontally, from the centre
line of the roadway or the centre line of the nearest lane of a divided highway.
A.10
Pollution Prevention
All activities associated with this project are subject to the Environmental Protection Act,
2002 and regulations. Official copies of these may be obtained from the Queen's Printer.
Unofficial versions are available through the Government of Newfoundland and Labrador
website (www.qov.nl.ca). These comments highlight the pertinent issues of these acts and
regulations and the Pollution Prevention Division's policies and guidelines.
a. Part IV - Waste Disposal and Litter
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Waste receptacles shall be installed at all active areas for use by workers.
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Waste material shall be considered, prior to disposal, for reuse, resale or
recycling.
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Waste materials not reused, resold or recycled, shall be disposed at an approved
waste disposal site, provided the owner/ operator is willing to accept such waste
and the local service Newfoundland and Labrador (SNL) has agreed with the
disposal of the waste materials at the site.
b. Part VI - Air Quality Management
- All activities associated with this proposal are subject to Air Pollution Control
Regulations, 2004,
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Schedule E of the regulations prohibits the open burning of tires; plastics; treated
lumber; asphalt and asphalt products; drywall; demolition waste; hazardous
waste; biomedical waste; domestic waste; trash, garbage, or other waste from
commercial, industrial or municipal operations; manure; rubber; tar paper;
railway ties; paint and paint products; fuel and lubricant containers; used oil;
animal cadavers; hazardous substances; materials disposed of as part of the
removal or decontamination of equipment, buildings or other structures.
c. Part IX - Pesticides
- All pesticide purchase, storage, and use are subject to compliance with the
Pesticides Control Regulations, 2012, The regulations stipulate that an applicator
must be licensed for the class of pesticide which is intended to be applied. Also,
the regulations stipulate that an operator cannot purchase pesticides without the
appropriate license(s).
- If the use of a pesticide(s) is required (e.g., for the control of insects, diseases,
weeds, vegetation), the Pesticides Control Section of the Department must be
notified.
Town of Cape Broyle
Development Regulations 2024-2034
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d. Storage and Handling of Gasoline and Associated Products Regulations
Petroleum storage and handling, associated with construction and operation of this
project/facility, shall be in compliance with these regulations as follows:
- All petroleum storage tanks shall be registered with Service NL in accordance with
the GAP Regulations and all leaks/spills must be reported to the 24-Hour
Environmental Emergency Spill Line at 709-772-2083 or 1-800-563-9089.
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Oils, greases, diesel, gasoline, hydraulic and transmission fluids should be stored at
least 100 m from any body of water. Re-fuelling and maintenance activities should
also occur at least 100 m from any body of water and on level terrain.
- An environmental emergency contingency plan must be developed for all storage
tank systems. This plan details information regarding the location of spill response
equipment and a trained contractor, in the event of a spill
e. Used Oil Control Regulations
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Waste oils and used lubricating oil shall be retained in a tank or closed container,
and disposed of by a company licensed for handling and disposing of used oil
products.
f.
Halocarbon Regulations
- Any use of regulated substances, for example in fire suppression systems, associated
with the proposed activity is subject to the Halocarbon Regulations.
A.11
National Codes and Regulations
The National Building Code, and associated codes, such as the Plumbing Code, the Fire
Code, the Electrical Code, the Life Safety Code, and any other ancillary code and other
municipal regulations or bylaws regulating or controlling the development, conservation,
and use of land shall, under these Development Regulations apply to the entire Municipal
Planning Area.
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SCHEDULE B
INTERPRETATION
This section contains definitions of the technical terms used in the Municipal Plan and Development
Regulations in order to ensure that they are correctly interpreted.
Terms and words in this Development Regulation which are defined in the Urban and Rural Planning Act,
2000 and Development Regulations, 2000, have the meaning expressed in that Act and cannot be
amended by the Council; these are identified by a logo, as noted below:
Newf9f dland
Labrador
= Definitions from the Urban and Rural Planning Act, 2000 (the Act);
these cannot be amended by Council; and,
= Definitions from the Minister's Development Regulations under the
Urban and Rural Planning Act, 2000; these cannot be amended by Council.
Additional definitions have been provided for interpretive guidance. These words and phrases shall
otherwise have the meanings as set out in the following definitions and can be amended by the Council;
They can be identified by the absence of a logo. These terms and words have the meaning as generally
understood in the English language ..
ACCESS -means a way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street;
ACCESSORY BUILDING ~
includes:
(i) a detached subordinate building not used as a dwelling, located on the same lot as the
main building to which it is an accessory and which has a use that is customarily incidental or
complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and
television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
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ACCESSORY USE ~
means a use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use;
ACT ·~ unless the context indicate otherwise, means the Urban and Rural Planning Act, 2000;
ADJACENT LAND means land that is contiguous to, physically touching or shares a boundary with, the
parcel of land that is the subject of an application and includes land that would be contiguous if not for a
highway, road, river or stream.
ADJUDICATOR *.. means an adjudicator appointed under section 40;
APPEAL BOARD ~~., means the appropriate Appeal Board established under the Act.
APPEAL OFFICER ~~
.. means an employee of the department designated under subsection 40(5);
APPLICANT means a person who has applied to an authority for an approval or permit to carry out a
development;
AUTHORITY ~means a council, authorized administrator or regional authority;
AUTHORIZED ADMINISTRATOR ¾
means an authorized administrator appointed under subsection
31(4)
BUILDING *- means
(i) a structure, erection, alteration or improvement placed on, over or under land or attached, anchored
or moored to land,
(ii) mobile structures, vehicles and marine vessels industrial and other similar uses,
(iii) a part of and fixtures on buildings referred to in subparagraphs (i) and (ii), and
(iv) an excavation of land whether or not that excavation is associated with the intended or actual
construction of a building or thing referred to in subparagraphs (i) to (iii);
BUILDING HEIGHT ~means the vertical distance, measured in metres from the established grade to
the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
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(ii) mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in any case, a
building height shall not include mechanical structure, smokestacks, steeples and purely ornamental
structures above a roof;
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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;
.
-- · ..---. --------~----····-···· rear lot line .................. ·---···· .-
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---- front lot line-l.-··-··--·-··-······~----
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- - ]ltJfit~i! ~~~~J~~~(\'j~ -.·.;·,·:·.·.:.'.·.,.· } · ---· --side.lot line - -·
F)!,:
BUILDING CONTROL LINE means a conceptual line paralleling the centre line of a Protected Road at a
distance perpendicular to the road in order to delineate the area for the application of these regulations;
a Protected Road is a road designated under the Protected Road Zoning Regulations, 1996 under the
Urban and Rural Planning Act, 2000;
COUNCIL ~-, means a council as defined in the City of Corner Brook Act, City of Mount Pearl
Act, Municipalities Act, 1999 and the Town council as defined in the City of St. John's Act;
COURT ~~,;" "court" unless the context indicates otherwise, means the Supreme Court of
Newfoundland and Labrador
DECK means a raised structure that has a walking surface within one storey of the established grade at
the ground level of that face of the building, which may or may not be attached to a main building,
which does not have a permanent roof.
DEPARTMENT ¾
means the department presided over by the minister;
DEVELOPMENT ·~ means the carrying out of building, engineering, mining or other operations in,
on, over or under land, or the making of a material change in the use, or the intensity of use of land,
buildings or premises and the:
(i) making of an access onto a highway, road or way,
(ii) erection of an advertisement or sign,
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(iii) construction of a building,
(iv) parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an office, or
for living accommodation, and excludes the
(v) carrying out of works for the maintenance, improvement or other alteration of a building, being
works which affect only the interior of the building or which do not materially affect the external
appearance or use of the building,
(vi) carrying out by a highway authority of works required for the maintenance or improvement of a
road, being works carried out on land within the boundaries of the road reservation,
(vii) carrying out by a local authority or statutory undertakers of works for the purpose of inspecting,
repairing or renewing sewers, mains, pipes, cables or other apparatus, including the breaking open of
street or other land for that purpose, and
(viii) use of a building or land within the courtyard of a dwelling house for a purpose incidental to the
enjoyment of the dwelling house as a dwelling;
DEVELOPMENT REGULATIONS ~
.. means these regulations made under sections 34 to 38;
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;
DWELLING UNIT: means a self-contained unit consisting of one or more habitable rooms used or
designed as an independent and separate housekeeping establishment or living quarters for one
household, including kitchen and sitting, sleeping and sanitary facilities, and does not include a coach or
rail car, mobile home, or any vehicle.
ESTABLISHED GRADE 4means,
(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;
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Estnblished Gr,1de
·,
FLOOR AREA ~
means the total area of all floors in a building measured to the outside face of exterior
walls;
FRONTAGE ~- means the horizontal distance between side lot lines measured at the building line;
STREET
OT
STREET ROW LINE
FRONTAGE
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HOUSEHOLD PET means a companion animal that is kept primarily for a person
1s company or
entertainment rather than as a working animal, livestock or a laboratory animal. The most popular pets
are dogs and cats; other animals commonly kept include, but are not limited to, rabbits; ferrets; rodents,
such as gerbils, hamsters, chinchillas, rats, mice, and guinea pigs; avian pets, such as parrots, passerines;
reptile pets, such as turtles, lizards, and snakes; aquatic pets, such as fish, amphibians like frogs and
salamanders; for the Town of Cape Broyle this does not include livestock.
LAND ,~t1:'' includes land covered by water and buildings and structures on, over, under the soil and
fixtures that form part of those buildings and structures;
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LOT ~means a plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building;
LOT AREA ~lmeans the total horizontal area within the lines of the lot;
LOT COVERAGE ~means the combined area of all buildings on a lot measured at the level of the
lowest floor above the established grade and expressed as a percentage of the total area of the lot;
r·---- ..... ·-·_.
Total Lot Area
::: S,000 sq. ft.
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House Area
-- ._ __ ...,__ Garage
= 1,200 sq. ft.
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Garage Area
=-S0Osq.ft.
(1,700 sq. ft./ 5,000 sq.ft.) x 100%
::.:34%
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House
Total Lot Coverage
=34%
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MINISTER -~!: ... means the minister appointed under the Executive Council Act to administer this Act;
MUNICIPALITY ¾
includes a Town incorporated under the City of Corner Brook Act, City of Mount
Pearl Act and the City of St. John's Act and a municipality as defined in the Municipalities Act, 1999;
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;
NUISANCE means anything that is obnoxious, offensive or interferes with the use or enjoyment of
property, endangers personal health or safety, or is offensive to the senses. This could include that
which creates or is liable to create a nuisance through emission of noise, smoke, dust, odour, heat, light,
fumes, fire or explosive hazard; results in the unsightly or unsafe storage of goods, salvage, junk, waste
or other materials; poses a hazard to health and safety; or adversely affects the amenities of the
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neighbourhood or interferes with the rights of neighbours to the normal use and enjoyment of any land
or building;
OWNER -means a person or an organization of persons owning or having the legal right to use the
land under consideration;
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;
PLAN, ~~- unless the context indicates otherwise, means a regional plan and a municipal plan
established under section 8 or 10; (regional plan or municipal plan);
PLANNING AREA ~: , unless the context indicates otherwise, means a regional planning area and a
municipal planning area established under sections 6 and 11;
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;
RECREATION VEHICLE OR RECREATIONAL TRAILER means a vehicle or portable structure designed to
provide temporary living accommodation which is either self-propelled or mounted on, or pulled by
another vehicle, and includes a travel/holiday trailer, camper trailer, truck camper, motorhome, fifth
wheel trailer, tent trailer, travel trailer, camper van or recreational trailer or other similar vehicle, but
not a mobile home or mini-home. A converted bus is not a recreation vehicle;
REGION ¾- means a region as defined in the Municipalities Act, 1999;
REGIONAL AUTHORITY ¾- means a regional authority established under section 7 of the Act;
scheme means a scheme established under section 29 of the Act;
SCHEME ¾
means a scheme established under section 29;
SIGN -means a word, letter, model, placard, board, device or representation, whether illuminated or
not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement or
direction and excludes those things employed wholly as a memorial, advertisements of local
government, utilities and boarding or similar structures used for the display of advertisements;
STREET- means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles;
STREET LINE ~means the edge of a street reservation as defined by the authority having jurisdiction;
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SUBDIVISION ~- means the dividing of land, whether in single or joint ownership into 2 or more
pieces for the purpose of development;
TOWN ~
means a town as defined in the Municipalities Act, 1999;
USE ~means a building or activity situated on a lot or a development permitted on a lot;
USE ZONE OR ZONE -means an area of land including buildings and water designated on the zoning
map to which the uses, standards and conditions of a particular use zone table apply;
VARIANCE ~means a departure, to a maximum of 10% from the yard, area, lot coverage, setback,
size, height, frontage or any other numeric requirement of the applicable Use Zone Table of the
authority's regulations;
YARDS- (sometimes called lot lines) refer to the diagram below for an illustration of the following
definitions:
FRONT YARD DEPTH otherwise called the building line or front yard setback, means setback from the
property line on the street that the building is fronting on, shown as the front yard setback in the
drawing below; note that the yard setbacks from the boundaries of the property;
REAR YARD DEPTH ~means the distance between the rear lot line and the rear wall of the main
building on a lot;
SIDE YARD DEPTH ~means the distance between the side lot line and the nearest side wall of a
building on the lot;
ZONING MAP ~means the map or maps attached to and forming a part of the authority's
regulations.
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SCHEDULE C: MINISTER'S DEVELOPMENT REGULATIONS
UNDER THE URBAN AND RURAL PLANNING ACT, 2000
This is an official version.
Copyright © 2006: Queens Printer,
St. John's, Newfoundland and Labrador, Canada
Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)
Table of Regulations
Main Site
How current is this regulation'?
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001 )
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, l make the
following regulations.
Dated at St. Johns , January 2, 200 I .
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
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1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appenl
6. Appeal requirements
7. Appeal registration
8. Developmenl prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non confonnity
15 Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-confonning use
18 Delegation of powers
19 Commencement
Short title
1. These regulations may be cited as the Development Regulations.
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Definitions
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000;
(b) "applicant" means a person who has applied to an authority for an approval or permit to
carry out a development;
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(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.
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Application
3. (I) 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.
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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,
(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,
Town of Cape Broyle
Development Regulations 2024-2034
(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 authoritys 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;
G) "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;
(I) "lot coverage" means the combined area of all building on a lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total area
of the lot;
(m) "non-conforming use" means a legally existing use that is not .listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the legal right
to use the land under consideration;
( o) "permitted use" means a use that is listed within the permitted use classes set out in the
use zone tables of an authoritys development regulations;
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(p) "prohibited use" means a use that is not listed in a use zone within the permitted use
classes or discretionary 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 authoritys regulations; and
(y) "zoning map" means the map or maps attached to and forming a part of the authoritys
regulations.
(2) An authority may, in its discretion, detennine the uses that may or may not be developed
in a use zone and those uses shall be listed in the authoritys regulations as discretionary, pennitted 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) persons right to appeal the decision to the board;
(b) time by which an appeal is to be made;
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( 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.
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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. Johns, Nfld., A 1B 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 Comer Brook, City of Mount Pearl or
City of St. Johns appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed
with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection (I) 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.
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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.
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(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 (I).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order
under section I 02 of the Act, an authority shall not cany out work related to the matter being
appealed.
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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.
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Hearing of evidence
10. (I) A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9(1) or their representative may appear before the board and
make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3) A 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 ofan appeal hearing, the board is not bound by the rules of evidence.
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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.
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Variances
12. (1) Where an approval or pennit 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 authoritys opinion, compliance with the development standards would prejudice the proper
development of the land, building or structure in question or would be contrary to public interest.
(2) An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances made or to
be made with respect to the same land, building or structure, would have a cumulative effect that is
greater than a I 0% variance even though the individual variances are separately no more than I 0%.
(3) An authority shall not pennit a variance from development standards where the proposed
development would increase the non confonnity of an existing development.
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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.
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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.
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Notice and hearings on change of use
15. Where considering a non conforming building, structure or development under paragraph
108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming
building, structure or development, an authority, at the applicants 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-confonning building, structure or development and shall consider any
representations or submissions received in response to that advertisement.
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Non-conformance with standards
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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.
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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 non-
conforming use may resume operation.
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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 .
Town of Cape 8l'oyle
Development Regulations 2024-2034
©Earl G. Tucker, Queen's Printer
147
Town of Cape Broyle
Development Regulations 2024-2034
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SCHEDULE D - NON-CONFORMING USES AND NON-CONFORMING DEVELOPMENT
The following excerpts set out the requirements for non-conforming uses.
Section 108(2) of the Urban and Rural Planning Act 2000:
""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;" ...
"108. (I) 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 non-
conforming use legally existed before the registration under section 24 of the plan, 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 ofland shall not
exceed 6 months after that discontinuance unless otherwise provided by regulation under this Act.
(3) A building, structure or development that does not conform to a scheme, plan or regulations made under
this Act that is allowed to continue under subsection (I)
(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;
(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 the standards included in development regulations, shall
not be expanded if the expansion would increase the non-conformity; and
(g) 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."
Town of Cape Broyle
Development Regulations 2024-2034
149
Excerpt- Sections 14-17 of the Ministerial Development Regulations 3/01:
"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-confonning building, structure or development under paragraph 108(3)(d) of the
Act and before making a decision to vary an existing use of that non-conforming building, structure or development,
an authority, at the applicants 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 I 08(2) of the Act with respect to the time by which a discontinued non-conforming use may
resume operation."
Town of Cape Broyle
Development Regulations 2024-2034
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SCHEDULE E: LAND USE ZONING MAP
Town of Cil:pe Bmyle
Development Regulations 2024-2034
Town of Cape Bl'Oyle
Development Regulations 2024-2034
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