Town of Carbonear Development Regulations 2025 — full text

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## Town of Carbonear Development Regulations 2025 ## Urban and Rural Planning Act, 2000 ## Resolution to Adopt ## Town of Carbonear Development Regulations 2025 Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town Council of Carbonear adopts the Town of Carbonear Development Regulations 2025. Adopted by the Town Council of Carbonear on the 12th day of August, 2025.     signed and sealed this 12' day of, January 2026 Mayor: Town Seal Clerk: O. Sn ## Canadian Institute of Planners Certification I certify that the attached Town of Carbonear Development Regulations 2025, has been prepared in accordance with the requirements of the Urban and Rural Planning Act, 2000.  Satchtson I. Watson, M.C.I.P.   ## TABLE OF CONTENTS | Part 1 | APPLICATION. .....1 | |----------|------------------------------------------------| | 1.1 | Short Title.. 1 | | 1.2 | Interpretation 1 | | 1.3 | Planning Area. 1 | | 1.4 | Municipal Code and Regulations............ 1 | | 1.5 | Authority.... 2 | | 1.6 | Provincial Development Regulations .. 2 | | 1.7 | Commencement. ... 2 | | 1.8 | Repeal of Regulations 2 | | 1.9 | Severability. 2 | | Part 2 | ADMINISTRATION. 3 | | 2.1 | Compliance With Regulations... 3 | | 2.2 | Permit Required 3 | | 2.3 | Units of Measure ... | | 2.4 | Application Requirements.. 3 | | 2.5 | Public Notice.. | | 2.6 | Approval to be Issued.. 6 | | 2.7 | Approval Not to be Issued in Certain Cases.. 7 | | 2.8 | Approval in Principle 8 | | 2.9 | Approval 8 | | 2.10 | Development Permit for Temporary Uses .. 9 | | 2.11 | Revocation of Permit ............. | | 2.12 | Deferment of Application .. 10 | | 2.13 | Deemed Refusal .. 10 | | 2.14 | Reasons for Refusing Permit.... .. 10 | | 2.15 | Register of Application... .. 10 | | 2.16 | Service Levy. ... 10 | | 2.17 | Financial Guarantees by Developer .. 11 | | 2.18 | Dedication of Land for Public Use .. 12 | | 2.19 | Right of Entry. .. 12 | | 2.20 | Record of Violations .. 12 | | 2.21 | Stop Work Order and Prosecution.. ... 12 | | Part 3 | VARIANCES & APPEALS ...13 | | 4.30 | Solar Collector Systems - Accessory. 26 | |--------|-------------------------------------------------------------| | 4.31 | Street Construction Standards 27 | | 4.32 | Unsubdivided Land. 27 | | 4.33 | Watercourse and Coastal Buffer 27 | | Part 5 | SIGNAGE. ....29 | | 5.1 | Permit Required.. ... 29 | | 5.2 | Form of Application.... .. 29 | | 5.3 | Signage Prohibited in Street Reservation.. .. 29 | | 5.4 | Permit Valid for Limited Period .. 29 | | 5.5 | Removal of Signs. ... 29 | | 5.6 | Sign Maintenance & Abandoned Signs... .. 30 | | 5.7 | Signage on Easements ... 30 | | 5.8 | Exempt Signage ,. 30 | | 5.9 | Prohibited Signs 32 | | 5.10 | Off-site Directional Signs.. ... 32 | | 5.11 | Signs for Non-conforming Uses ....32 | | 5.12 | Non-conforming Signs 33 | | 5.13 | Election Signs.. 33 | | 5.14 | Real Estate Signs... 34 | | 5.15 | Sandwich Board Sign.... 34 | | 5.16 | Signs Permitted in Use Zones.. 35 | | 5.17 | Canopy Sign.. 35 | | 5.18 | Changeable Message Sign ... 36 | | 5.19 | Ground Signs. 37 | | 5.20 | Menu Board Signs ... 38 | | 5.21 | Portable Signs .... 38 | | 5.22 | Projecting Signs .......... | | 5.23 | Wall Signs. ... 39 | | Part 6 | PARKING. ..40 | | 6.1 | Off Street Automobile Parking Requirements. ... 40 | | 6.2 | Automobile Parking Space and Lot Standards ...41 | | 6.3 | Bicycle Parking Instead of Automobile Parking Spaces ... 42 | | 6.4 | Off-Street Loading Requirements .. 43 | | 8.15 | Wind Turbine Conditions.... 63 | |---------|----------------------------------------------------------------------------------| | Part 9 | DISCRETIONARY CONSIDERATIONS... ..64 | | 9.2 | Accessory Dwellings 64 | | 9.3 | Accommodations 64 | | 9.4 | Childcare.. 65 | | 9.5 | Hazardous Industrial Uses 65 | | 9.6 | Home Occupation, Level 2 66 | | 9.7 | Marine Industrial Uses in the Heritage Area Use Zone.. 66 | | 9.8 | Mineral Workings in the Rural Use Zone ... 66 | | 9.9 | Seasonal Residential in the Watershed Use Zone .............................. 66 | | Part 10 | USE ZONE STANDARDS.... ..67 | | 10.1 | Residential Low Density (RLD) Use Zone Development Standards .. 67 | | 10.2 | Residential Medium Density (RMD) Use Zone Development Standards. 68 | | 10.3 | Residential Higher Density (RHD) Use Zone Development Standards.. ... 70 | | 10.4 | Residential Rural (RR) Use Zone Development Standards. ... 72 | | 10.5 | Residential Large Lot (RLL) Use Zone Development Standards. ... 73 | | 10.6 | Residential Seasonal (RS) Use Zone Development Standards.. ... 74 | | 10.7 | Commercial General (CG) Use Zone Development Standards ... 75 | | 10.8 | Commercial Highway (CH) Use Zone Development Standards ... ... 76 | | 10.9 | Heritage Area (HA) Use Zone Development Standards .. ... 77 | | 10.10 | Design Standards for New Main Buildings in the Heritage Area Use Zone... .. 77 | | 10.11 | Additions and Renovations in the Heritage Area Use Zone .. .. 78 | | 10.12 | Industrial Light (IL) Use Zone Development Standards. .. 79 | | 10.13 | Industrial General (IG) Use Zone Development Standards .. .. 79 | | 10.14 | Industrial Ocean Related (IOR) Use Zone Development Standards.. .. 80 | | 10.15 | Public Buildings (PB) Use Zone Development Standards .... .. 81 | | 10.16 | Recreation Open Space (ROS) Use Zone Development Standards .. 81 | | 10.17 | Conservation (CON) Use Zone Development Standards ....... . 82 | | 10.18 | Rural (RUR) Use Zone Development Standards... ... 82 | | 10.19 | Mineral Workings (MW) Use Zone Development Standards ... ... 83 | | 10.20 | Watershed (W) Use Zone Development Standards ............... ... 83 | | 10.21 | Floodway Overlay Zone Development Standards...... ... 84 | | 10.22 | Floodway Fringe Overlay Zone Development Standards .. .. 84 | ## 1.1 Short Title - 1.1.1 These Regulations may be cited as the Carbonear Development Regulations. ## 1.2 Interpretation - 1.2.1 Words and phrases used in these Regulations shall have the meanings assigned to them in Part 11, Definitions. - 1.2.2 Words and phrases not defined in Part 11 shall have the meaning commonly assigned to them in the context in which they are used in the Regulations. ## 1.3 Planning Area - 1.3.1 These Regulations shall apply to those areas of land identified as the "Planning Area" on the maps contained in Schedule 'B', Planning Area. ## 1.4 Municipal Code and Regulations - 1.4.1 Nothing in these Regulations shall exempt any person from complying with other laws or regulations in force in Canada or Newfoundland and Labrador, or from those in force within the Town, or from obtaining any license, permission, permit, authority, or approval required thereunder. - 1.4.2 Where the provisions of these Regulations conflict with those of any other municipal regulations or federal or provincial regulations, the more stringent provisions shall apply. - 1.4.3 Where a provision within these Regulations conflicts with another provision within these Regulations, the more stringent provision shall apply unless otherwise stated. - 1.4.4 The National Building Code of Canada, Fire Code of Canada, and any other ancillary code, building regulations, and/or any other municipal regulations regulating or controlling the development, conservation, and use of land in force in the Town of Carbonear shall apply to the entire Planning Area. ## PART 1 APPLICATION ## PART 2 ADMINISTRATION ## 2.1 Compliance With Regulations - 2.1.1 No development shall be carried out within the Planning Area except in accordance with these Regulations. ## 2.2 Permit Required - 2.2.1 Unless otherwise stated in these Regulations, no person shall carry out any development or subdivision of land within the Planning Area unless a permit has been issued by the Authority. - 2.2.2 Development within 100 metres of the road centreline of the Conception Bay North Bypass Road (Route 70) - Columbus Drive - requires a permit from the Authority and from the Government Service Centre under the Protected Road Zoning Regulations, 996/96. ## 2.3 Units of Measure - 2.3.1 Measurements throughout these Regulations are in metric. Submissions in other measurements shall be converted to metric and rounded to two decimal points. The metric measurement of "metres" shall be displayed as "metres" or using the abbreviation "т". ## 2.4 Application Requirements - 2.4.1 Every application for a development approval shall be made in writing on an approved form and shall include: - (a) the signature of the registered landowner or their duly authorized agent; - (b) application fees in conformance with the fee matrix adopted by the Authority; - (c) a statement of the proposed use of the land; - (d) a statement of the estimated commencement and completion date of development; - (e) a site plan; and, - (f) any other information required in these Development Regulations. - (a) the proposed land use of the subdivision; - (b) a site survey stamped by a Newfoundland Land Surveyor; - (c) a grading plan showing, at a minimum: - i) existing and finished grades for each corner of the lots); - ii) flow patterns for surface water on the proposed finished grade clearly illustrating that drainage issues (excessive runoff or ponding) will not be caused by the proposed grading; and - ili) proposed locations of stormwater infiltration within the subject site and/or locations of discharge outside the subject site; - (d) the proposed method of water and sewer services; - (e) the proposed street access and layout of internal streets and lots, where applicable; - (f) the proposed location of community mailboxes, if applicable; - (g) a streetlight plan, if applicable; - (h) the proposed public open spaces if applicable; and, - (i) any other requirements established in these or other municipal, provincial, or federal regulations. - 2.4.5 The Authority may, as part of a development application and prior to the issuance of an approval, request additional information, studies, or plans from an applicant, prepared by a qualified professional at the cost of the applicant, for matters pertaining to the proposed development, including, but not limited to: - (a) real property report, site survey, and/or site plan prepared and stamped by a Newfoundland Land Surveyor; - (b) topography and soil conditions of the subject site; - (c) watercourse delineation study; - (d) stormwater management plan; - (e) floor plans and elevation drawings of any proposed structures; - (f) structural drawings; - (g) geotechnical study; - (h) site grading plan; - traffic impact assessment or study; and/or - groundwater supply study. ## 2.7 Approval Not to be Issued in Certain Cases - 2.7.1 In considering an application for an approval or for approval in principle to carry out development, the Authority shall consider the policies expressed in the Municipal Plan and any further scheme, plan, or regulations made under the polices of the Plan. - 2.7.2 Notwithstanding the conformity of the application with the requirements of these Regulations, approval shall not be issued for a proposed development where, in the opinion and discretion of the Authority, it is premature by reason of the proposal: - (a) conflicting with the matters considered under Subsection 2.7.1; - (b) lacking adequate road access; - (c) lacking adequate electrical power or access to communications utilities; - (d) lacking adequate drainage; - (e) lacking adequate sanitary facilities, domestic water supply, or fire suppression flows; - (f) being beyond the natural development of the area at the time of application; - (g) lacking adequate access to open space, schools, or other necessary amenities; or - (h) where the proposal would be detrimental to public safety and convenience. - 2.9.3 The Authority may attach to a permit or to approval in principle such conditions as it deems fit in order to ensure that the proposed development will be in accordance with the purposes and intent of these Regulations. - A permit is valid for such period, not in excess of two years, as may be stated therein, and if the development has not commenced, the permit may be renewed for a further period not in excess of one year, but a permit shall not be renewed more than once, except in the case of a permit for a sign, which may be renewed in accordance with Part 5 of these Regulations. - 2.9.5 The approval of any application and plans or drawings or the issue of a permit shall not prevent the Authority from thereafter requiring the correction of errors, or from ordering the cessation, removal of, or remedial work on any development being carried out if it is in violation of this or any other regulations or statute. - No person shall erase, alter, or modify any drawing or specifications upon which a permit to develop has been issued by the Authority. - 2.9.7 A copy of the permit and any plans, drawings, or specifications on which the issue of the permit was based shall be kept available on the premises where any development is being done until completion of the development. ## 2.10 Development Permit for Temporary Uses - 2.10.1 The Authority may issue a temporary development permit subject to the following requirements: - (a) Any such development permit shall be for a temporary period not to exceed 24 months. - (b) The temporary development permit shall only be renewed a maximum of one (1) time for an additional 24 months beyond the original date. - 2.16.2 A service levy shall not exceed the cost, or estimated cost, including finance charges to the Authority of constructing or improving the public works referred to in 2.16.1 that are necessary for the real property to be developed in accordance with the standards required by the Authority and for uses that are permitted on that real property. - 2.16.3 A service levy shall be assessed on the real property based on: - (a) the amount of real property benefited by the public works related to all the real property so benefited; and, - (b) the density of development made capable or increased by the public work. - 2.16.4 The Authority may require a service levy to be paid by the owner of the real property: - (a) at the time the levy is imposed; - (b) at the time development of the real property commences; - (C) at the time development of the real property is completed; or, - (d) at such other time as the Authority may decide. ## 2.17 Financial Guarantees by Developer - 2.17.1 The Authority may require a developer before commencing a development to make such financial provisions and/or enter into such agreements as may be required to guarantee the payment of service levies, ensure site reinstatement, and to enforce the carrying out of any other condition attached to a permit or license. - 2.17.2 The financial provisions pursuant to Subsection 2.17.1 may be made in the form of: - (a) a cash deposit from the developer, to be held by the Authority; - (b) a guarantee by a bank, or other institution acceptable to the Minister, for expenditures by the developer; - (C) a performance bond provided by an insurance company or a bank; - (d) an annual contribution to a sinking fund held by the Authority; or - (e) another form of financial guarantee that the Authority may approve.   ## PART 3 VARIANCES & APPEALS ## 3.1 Variances - 3.1.1 Where an approval or permit cannot be given by the Authority because a proposed development does not comply with development standards set out in development regulations, the Authority may, in its discretion, vary the applicable development standards to a maximum of 10% if, in the Authority's opinion, compliance with the development standards would prejudice the proper development of the land, building or structure in question or would be contrary to public interest. - 3.1.2 The Authority shall not allow a variance from development standards set out in development regulations if that variance, when considered together with other variances made or to be made with respect to the same land, building or structure, would have a cumulative effect that is greater than a 10% variance even though the individual variances are separately no more than 10%. - 3.1.3 The Authority shall not permit a variance from development standards where the proposed development would increase the non conformity of an existing development. ## 3.2 Notice of Variance - 3.2.1 Where the Authority is to consider a proposed variance, the Authority shall give written notice of the proposed variance from development standards to all persons whose land is in the immediate vicinity of the land that is the subject of the variance, and allow a minimum period of 7 days for response. ## PART 4 GENERAL DEVELOPMENT STANDARDS ## 4.1 Application - 4.1.1 The provisions of Part 4 of these Regulations shall apply to all use zones and shall take priority over use zone requirements, unless otherwise specified ## 4.2 Accesses and Service Streets - 4.2.1 Access shall be located to the specification of the Authority so as to ensure the greatest possible convenience and safety of the street system. - 4.2.2 The Authority may prescribe the construction of service streets to reduce the number of accesses to collector and arterial streets. - 4.2.3 No vehicular access shall be closer than 10.0 metres to the street line of any street intersection. ## 4.3 Accessory Buildings - 4.3.1 Unless otherwise prohibited, accessory buildings and structures shall be permitted in all use zones, and shall be subject to the following regulations: - (a) Accessory buildings shall meet any use-specific requirements outlined elsewhere in these Regulations. - (b) Accessory buildings shall not be erected or placed upon any easements. - (c) Accessory buildings shall not be used for human habitation except where a development permit has been acquired for an accessory dwelling. - (d) With the exception of greenhouses, accessory buildings shall be complimentary with the main building in terms of exterior finish, roofline, and pitch. - (e) No accessory building or part thereof shall project in front of the front building line. - (f) Notwithstanding (e), in the case of a legal backlot development the Authority may exercise its discretion and consider an accessory building projecting in front of a building line as established on the backlot. ## 4.4 Accessory Livestock Structures - 4.4.1 Buildings intended for housing livestock shall be permitted accessory to dwellings in all use zones except the Residential Higher Density Use Zone and Conservation Use Zone, provided: - (a) the buildings meet the standards of Regulation 4.3; - (b) the buildings meet the minimum setbacks for main buildings set out in the applicable use zone; and - (c) the building provides housing for no more than the number of livestock as follows: - 4.4.2 All livestock shall comply with the Town of Carbonear Animal Regulations. Where the Animal Regulations conflict with these Regulations, the stricter provision shall apply. | | Lots less than 1,400 m? in area | Lots 1,400 m' in area or greater, but less than 4,000 m2 in area | | Lots 4,000 m' in area or greater | |------------------------------------------------|-----------------------------------------------------------------|--------------------------------------------------------------------|------------------------------------------------------------------------------------| | [Rural Use Zone and Residential Rural Use Zone | 40 broiler chickens; 20 small livestock; and 2 medium livestock | 40 broiler chickens; 20 small livestock; and 2 medium livestock | 40 broiler chickens; 20 small livestock; 2 medium livestock; and 1 large livestock | | All Other Permitted Use Zones | 10 chickens | 20 small livestock; and 2 medium livestock | 20 small livestock; 2 medium livestock; and 1 large livestock | ## 4.5 Accessory Uses - 4.5.1 Where these Regulations provide for any land to be used, or a building to be erected or used for a purpose, the purpose shall include any accessory use. Such uses shall be clearly incidental and complementary to the main use and be contained on the same lot as the main building or an adjoining lot where both lots are under the same ownership. ## 4.8 Building Height - 4.8.1 Use zone requirements for maximum building height shall not apply to church spires; water tanks; elevator enclosures; stairwells; silos; commercial communication towers; ventilators; skylights; chimneys; clock towers; or structures that, in the opinion of the Authority, are similar. - 4.8.2 The Authority may permit the erection of buildings of a height greater than that specified in Part 10, but in such cases the building line setback and rear yard setback requirements shall be modified as follows: - (a) The building line setback shall be increased by 2 metres for every 1 metre increase in height. - The rear yard setback shall not be less than the minimum building line setback calculated as described in clause (a) above plus 6 metres. ## 4.9 Building Line and Setback - 4.9.1 The Authority, by resolution, may establish building lines on an existing or proposed street or service street and may require any new buildings to be located on those building lines, whether or not such building lines conform to the standards set out in the tables in Part 10, Zone Standards, of these Regulations. ## 4.10 Coastal Elevation - 4.10.1 All development, with the exception of those developments listed in Subsection 4.10.2, shall be prohibited below the 4-metre contour. - 4.10.2 Developments permitted below the minimum vertical elevation (subject to zone requirements and other requirements of these Regulations) are: - (a) Accessory buildings or structures, personal storage buildings, docks, wharves, piers, and slipways. - Boardwalks, walkways, and trails with a maximum width of 3.0 metres. - (c) Safety fences that do not exceed a height of 2.0 metres. - (d) Public streets and public infrastructure. - (e) Industrial uses. - (f) Development within the Industrial Ocean Related Use Zone. ## 4.13 Electrical Vehicle Charging - 4.13.1 Nothing in these Regulations shall prevent the installation of a noncommercial electric vehicle charging station where the station is for the exclusive domestic use of a dwelling unit. - 4.13.2 Non-commercial electric vehicle charging stations that are not for the exclusive use of a dwelling unit shall be permitted as an accessory use in all land use zones. ## 4.14 Fences - 4.14.1 No fence shall be erected in the road reservation. - 4.14.2 Existing fences within the road reservation shall not be replaced except for minor maintenance and repairs, such as painting or the replacement of individual fence pickets with similar materials. For greater clarity, replacement of structural members (e.g. fence posts) shall not be considered minor maintenance or repair. - 4.14.3 No fence shall be constructed so as to obstruct the safe view of automobiles at intersections or clear access to fire hydrants. - 4.14.4 · Fences accessory to a dwelling shall not exceed a height of: - (a) 1.2 metres in a front or flankage yard; or - (b) 2.5 metres in a side or rear yard. - 4.14.5 Barbed wire fences shall not be permitted except: - (a) agricultural fences in the Rural Use Zone; or - (b) above a height of 2.1 metres enclosing a lot used for industrial purposes. ## 4.15 Landscape Extraction - 4.15.1 For approved developments where the extraction of quarry materials is occurring or may be expected occur, the Authority shall send a copy of the development permit to the Quarry Materials Section, Mineral Lands Division, Department of Industry, Energy, and Technology, at [email protected]. Note that quarry materials include but are not limited to aggregate, fill, rock, stone, gravel, sand, clay, borrow material, topsoil, overburden, subsoil, peat.  ## Non-Conforming - 4.21.1 Non-conforming uses shall be administered, and applications involving non-conforming uses shall be processed, in accordance with Section 108 of the Urban and Rural Planning Act, 2000. - 4.21.2 If a non-conforming use is discontinued for a period of more than 12 months, new uses shall conform to the requirements of the land use zone in which it is located. - 4.21.3 A building, structure, or development that does not conform to a scheme, plan or regulations made under the Act that is allowed to continue under subsection 108(1) of the Act: - (a) shall not be internally or externally varied, extended or expanded unless otherwise approved by the Authority; - (b) shall not be structurally modified except as required for the safety of the building, structure or development; - (c) shall not be reconstructed or repaired for use in the same nonconforming manner where 50% or more of the value of that building, structure or development has been destroyed; - (d) may have the existing use for that building, structure or development varied by the Authority to a use that is, in the Authority's opinion, more compatible with the plan and regulations applicable to it; - (e) may have the existing building extended by approval of the Authority where, in the Authority's opinion, the extension is not more than 50% of the existing building; - where the non-conformance is with respect to the standards included in these development regulations, shall not be expanded if the expansion would increase the non-conformity; - (g) where a building, structure or development does not meet the development standards included in development regulations, the building, structure or development shall not be expanded if the expansion would increase the non- conformity and an expansion must comply with the development standards applicable to that building, structure or development. - (h) where the building or structure is primarily zoned and used for residential purposes, may, in accordance with the municipal plan and regulations, be repaired or rebuilt where 50% or more of the value of that building or structure is destroyed. ## 4.25 Residential Swimming Pools - 4.25.1 Residential swimming pools shall be permitted accessory to a dwelling and shall not be located in the front or flanking yards. - 4.25.2 Notwithstanding 4.25.1, a residential swimming pool shall not be permitted on a property that is connected to municipal water but has onsite septic service unless the septic service capacity is approved by a registered approver. - 4.25.3 Small residential swimming pools shall not require a development permit but shall be secured in compliance with 4.25.5 or shall be drained when not in use. - 4.25.4 Large residential swimming pools shall: - (a) be set back a minimum of 2.0 metres from all property lines; - (b) not exceed 6% of the area of the lot; - (c) not encroach upon any easement; - (d) not be placed over any on-site septic system; and, - (e) shall be secured in compliance with 4.25.5. - 4.25.5 For the purposes of this Regulation, secured residential swimming pools shall be enclosed in an enclosure that is: - (a) a minimum of 1.2 metres in height; - (b) equipped with self-closing, self-latching gate(s); and - (c) designed and constructed to prevent climbing. - 4.25.6 For greater clarity, the sidewalls of an above-ground pool shall not form part of the enclosure required by Regulation 4.25.5. ## 4.26 Screening and Landscaping - 4.26.1 The Authority may, in the case of existing unsightly development, order the owner or occupier to provide adequate and suitable landscaping or screening; and for this purpose may require the submission of an application giving details of the landscaping or screening, and these Regulations shall then apply to that application. - 4.26.2 The provision of adequate and suitable landscaping or screening may be made a condition of any development permit where, in the opinion of the Authority, the landscaping or screening is desirable to preserve amenity or protect the environment. - (b) not be located in any front or flankage yard; - (c) meet all side and rear yard setback requirements; and - (d) not exceed a panel area of 10.0 square metres. - 4.30.4 For greater clarity, accessory solar collector systems are not exempt from requiring a permit. ## 4.31 Street Construction Standards - 4.31.1 A new street may not be constructed except in accordance with and to the design and specifications laid down by the Authority. ## 4.32 Unsubdivided Land - 4.32.1 Development shall not be permitted on unsubdivided 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. ## 4.33 Watercourse and Coastal Buffer - 4.33.1 All development, with the exception of those developments listed in Subsection 4.33.2, shall be prohibited within the following areas: - (a) Where a lot abuts a watercourse no development shall be permitted within 15.0 horizontal metres of the ordinary high water mark of the watercourse. - (b) Where a lot abuts a coastal shoreline no development shall be permitted within 30.0 horizontal metres of the ordinary high water mark. - 4.33.2 Subject to 4.33.6, development permitted within watercourse and shoreline buffers (subject to zone requirements and other requirements of these Regulations) are: - (a) Accessory buildings or structures, personal storage buildings, docks, wharves, piers, and slipways. - (b) Boardwalks, walkways, and trails with a maximum width of 3.0 metres. - (c) Safety fences that do not exceed a height of 2.0 metres. - (d) Public streets and public infrastructure. - (e) Industrial uses. - (f) Development within the Industrial Ocean Related Use Zone. ## 5.1 Permit Required - 5.1.1 Except for signs exempted by Regulation 5.8, no signage shall be erected or displayed in the Planning Area unless a permit for the sign is first obtained from the Authority. - 5.1.2 The erection or placement of any sign within the following distance of the centreline of all roads constructed and maintained by the Province requires a permit from the Authority and from the Government Service Centre under the Highway Sign Regulations, 1999: - (a) 100 metres for areas within the Town of Carbonear; and - (b) 400 metres for areas within the Planning Area but not within the Town of Carbonear. - 5.1.3 Subject to Ministerial approval, the 50km per hour zone along Columbus Drive between London Road and Clarkes Road is exempt from provincial Highway Sign Regulations, 1999 and signs to be erected in this area only require a permit from the Authority. ## 5.2 Form of Application - 5.2.1 Application for a permit to erect or display a sign shall be made in accordance with Part 2 of these Regulations. ## 5.3 Signage Prohibited in Street Reservation - 5.3.1 No signage shall be permitted to be erected or displayed within, on, or over any highway or street reservation. - 5.3.2 Notwithstanding 5.3.1, banner signs, canopy signs, and projecting signs may be suspended over a highway or street reservation at the discretion of the Authority. ## 5.4 Permit Valid for Limited Period - 5.4.1 A permit granted under these Regulations for the erection or display of a sign shall be for a limited period, not exceeding two years, but may be renewed at the discretion of the Authority for similar periods. ## Removal of Signs - 5.5.1 Notwithstanding the provisions of these Regulations, the Authority may require the removal of any sign which, in its opinion, is: ## PART 5 SIGNAGE - (f) on any site occupied by a place of worship, school, library, art gallery, museum, institution or cemetery, a single notice board not exceeding 1.0 square metre in area; - (g) real estate sales, leasing, or open house signs up to a maximum of 0.5 square metres and meeting the requirements of Regulation 5.14; - (h) signs located on the interior side of windows; - signs placed by candidates for federal, provincial, municipal, or school board elections and meeting the requirements of Regulation 5.13; - sandwich board signs meeting the requirements of Regulation 5.15; - (k) civic addressing signs; - signs posted by municipal, provincial, or federal government agencies; - (m) signage posted by utility companies to indicate a hazard or danger; - (n) on any parking lot directional signs and one sign not exceeding 1.0 square metre in size, identifying the parking lot; - (0) one sign on the principal façade of any commercial, industrial, or public building, indicating the name of the building or the name of the occupants of the building, in letters not exceeding one-tenth of the height of the façade or 3.0 metres, whichever is less; - (p) signs associated with municipally-operated parks and trails; - (9) wayfinding and interpretive signs for conservation uses; and, - (r) temporary signs on construction sites warning of danger and or outlining the nature of the development up to a maximum combined total area of 7.5 square metres. ## 5.12 Non-conforming Signs 5.12.1 A sign in legal existence at the date of coming into effect of these Regulations that is not in accordance with the standards of these Regulations may continue to exist provided the sign is maintained and in good repair and does not pose a safety hazard or obstruction. It may be modified or replaced provided such modification or replacement is in accordance with these Regulations. ## 5.13 Election Signs 5.13.1 Election signs shall be subject to the following conditions: - (a) Permission of the property owner is required for placement on private property. - (b) The sign shall not cause an obstruction to neighbouring properties. - (c) Election signs may be permitted on vacant land owned by the Town, provided they do not cause an obstruction to the travelling public or the work of the Town and are not located within the far limits of the street at any street intersection. - (d) Election signs shall not be affixed or attached to Town buildings, structures, or signs. - (e) Candidates shall remove their election signs within 36 hours after the close of polls on Election Day and shall ensure the site is cleaned up. - (f) The Authority may remove and dispose of election signs that are still present after 36 hours following the close of polls on Election Day and the candidate shall be responsible for the costs and removal of such signs. ## 5.16 Signs Permitted in Use Zones - 5.16.1 Except signs exempt under Regulation 5.8 and signs prohibited under Regulation 5.9, the signs permitted in each use zone shall be in conformance with the following table and the sign-specific requirements of Regulations 5.17 through 5.23, where 'P' denotes a permitted sign type and signs identified with ' ' or not listed are not permitted: | Use Zone | Canopy Signs | Change. Message Sign | Ground Signs | Menu BoardR Sign | Porta. Signs | Project. Signs | Wall Signs | |-----------------------------------------------------------------------------------------|----------------|------------------------|----------------|--------------------|----------------|------------------|--------------| | Residential Zones - Home Occupatior - Multi-unit Dwelling - Commercial Use - Other Uses | | ... | P P P - | - | 1 ' 1 ' | - | P - | | Commercial General | P | | | P | P | | | | Commercial Highway | | | | P | | | | | Heritage Area | P | | | | | | | | Industrial Light | P | | P | | P | | | | Industrial General | | | P | | | | | | Industrial Ocean Related | | | | | | | | | Public Buildings | | P | | | | | | | Recreation Open Space | P | | | | P | | | | Conservation | | | | | | | | | Rural | | | | | | P | | | Mineral Workings | - | | P | | P | | P | ## 5.17 Canopy Sign - 5.17.1 Canopy signs, where permitted, shall meet the following conditions: - (a) The sign width shall not exceed the width of the wall to which it is attached. - (b) The lowest portion of the sign shall have a minimum vertical clearance of 2.2 metres above the ground surface below the sign. - (c) The canopy sign shall not be located on a wall that faces a side or rear lot line that abuts a residential zone. - (d) The sign shall be anchored and seemed in accordance with the requirements of the Town's Engineer. - iv) be set back from traffic decision points a distance equal to the stopping sight distance based on the roadway posted speed as defined in the Transportation Association of Canada's Geometric Design for Canadian Roads; - v) not be located closer than 2 metres to the front, side, or flanking street lot line; - vi) Not be located within the limits of a utility or municipal service easement; - vil) not interfere or obstruct access to or from a lot or create a visual obstruction to the travelling public; - vili) not be located within 60 metres of a residential zone and shall not be oriented such that it faces an abutting residential zone; - ix) shall be anchored and secured in accordance with the requirements of the Town's Engineer; and - x) shall be constructed in accordance with engineered drawings prepared, signed, and sealed by a professional engineer of the Association of Professional Engineers and Geoscientists of Newfoundland and Labrador. - (c) Any proposed changeable message sign will be assessed for its impacts of traffic and surrounding properties in accordance with the "Digital and Projected Advertising Displays: Regulatory and Road Safety Assessment Guidelines" published by the Transportation Association of Canada, March 2015. ## 5.19 Ground Signs ## 5.19.1 Ground signs, where permitted shall be subject to the following standards: | Standard | | |--------------------------------|-----------------------------------------------------------------------------------------------------| | Sign Face Area (maximum) | 0.5 m' for a home occupation 48 m? otherwise, with a maximum width of 6.0 m | | Height (maximum) | 8.0 m | | Number permitted on a lot | 1 Greater than one may be permitted at the discretion of the Authority | | Setbacks (minimum) | 0.5 x sign height from front lot line 1.0 metres from side lot lines | | Separation distances (minimum) | 3.0 m from dwellings on abutting lots, schools, or churches 15 m from ground signs on abutting lots | ## 5.22 Projecting Signs - 5.22.1 Projecting signs, where permitted, shall be subject to the following conditions: - (a) The projecting sign shall be rigid in its design and construction so it is not permitted to swing in the wind. - (b) The projecting sign shall not extend over streets, parking surfaces, or public lands except where approved by the Authority. - (c) The lowest point on the projecting sign shall have a minimum vertical clearance of 3.0 metres from the ground surface. - (d) The sign shall not project more than 3.0 metres from the building to which it is attached. ## 5.23 Wall Signs - 5.23.1 Wall signs, where permitted, shall be subject to the following conditions: - (a) The wall sign shall meet the following standards: - (b) Wall signs shall not face abutting residential lots. - (c) The sign shall be anchored and secured in accordance with the requirements of the Town's Engineer. - (d) A permit for a wall sign on the primary façade is not required for a new building for which development approval has been granted by the Authority. | Standard | | |--------------------------------|-----------------------------------------------| | Sign Face Area (maximum) | 20% of the building face area | | Width (maximum) | The width of the wall to which it is attached | | Vertical clearance (minimum) | 3.0 m above ground surface | | Projection from wall (maximum) | 0.3 m | - 6.1.2 Notwithstanding Subsection 6.1.1, properties that are in the Heritage Area Use Zone and front on Water Street shall not be required to provide automobile parking. - 6.1.3 Where floor area is used to determine the number of required automobile parking spaces, as specified in Subsection 6.1.1, and the number of required parking spaces results in a fraction, the number is rounded down to the nearest whole number, but there may not be fewer than one (1) parking space. - 6.1.4 Where a percentage is used to determine the number of required parking spaces served by Level 2 EV charging, as specified in Subsection 6.1.1, and the number of required spaces results in a fraction, the number is rounded to the nearest whole number. Precisely half spaces (i.e. 0.5) are rounded to the nearest even number, with zero considered an even number. - 6.1.5 On lots containing more than one use, the number of required automobile parking spaces shall be the sum of the spaces required for each use in Subsection 6.1.1. Rounding shall only occur after the spaces have been summed. - 6.1.6 Where, in the opinion of the Authority, strict application of the above parking requirements is impractical or undesirable, the Authority may as a condition of a permit require the developer to pay a service levy in accordance with these Regulations in lieu of the provision of a parking area, and the full amount of the levy charged shall be used by the Authority for the provision and upkeep of alternative parking facilities within the general vicinity of the development. ## 6.2 Automobile Parking Space and Lot Standards - 6.2.1 Each parking space, except in the case of one or two-unit dwellings, shall be made accessible by means of a hard surfaced right-of-way at least 3.0 metres in width. - 6.2.2 Parking required in any residential use zone shall be provided on the same lot as the dwelling or dwellings. - 6.2.3 Parking spaces for multi-unit dwellings shall be provided in the rear yard where possible. - 6.2.4 In any non-residential use zone, required parking spaces shall be provided within the limits of the zone in which the use is situated and not more than 200 metres distant from the use concerned. - (a) be located between the main building and the front lot line unless, in the opinion of the Authority, this location is not possible due to the main building being located on or near the front lot line; - (b) be accessible to the public; - (c) have a minimum width of 0.6 metres and a minimum length of 2.0 metres; - (d) be free of obstructions to a height of 3.0 metres; - (e) be surfaced with asphalt, concrete, or interlocking paving stones; - (f) not obstruct automobile or pedestrian circulation; - (9) be accessed by an access lane with a minimum unobstructed width of 1.2 metres; and - (h) include an "inverted U" or "post-and-ring" bicycle rack that: - i) is located on one side of the parking space and oriented parallel to the length of the parking space; - ii) is permanently mounted into or onto the surface with the midline of the rack at the midline of the length of the parking space; and - iii) is made of metal. ## 6.4 Off-Street Loading Requirements - 6.4.1 Except in the Heritage Area Use Zone, for every building, structure or use to be erected, enlarged or established requiring the shipping, loading or unloading of animals, goods, wares or merchandise, there shall be provided and maintained for the premises loading facilities on land that is not part of a street comprised of one or more loading spaces, 15.0 metres long, 4.0 metres wide, and having a vertical clearance of at least 4.0 metres with direct access to a street or with access by a driveway of a minimum width of 6.0 metres to a street. - 6.4.2 The number of loading spaces to be provided shall be determined by the Authority. - 6.4.3 The loading facilities required by this Regulation shall be so arranged that vehicles can manoeuvre clear of any street and so that it is not necessary for any vehicle to reverse onto or from a street. - (d) the land use, physical form, and character of adjacent developments; - (e) the transportation network and traffic densities affecting the site; - (f) the relationship of the project to existing or potential sources of nuisance; - (g) soil and subsoil characteristics; - (h) the topography of the site and its drainage; - (i) natural features such as lakes, streams, topsoil, trees, and shrubs; - prevailing winds; - (k) visual quality; - community facilities; - (m) energy conservation; - (n) such other matters as may affect the proposed development. ## 7.6 Building Permits Required - 7.6.1 Notwithstanding the approval of a subdivision by the Authority, a separate building permit shall be obtained for each building proposed to be erected in the area of the subdivision, and no building permit for any building in the area shall be issued until the developer has complied with all the provisions of these Regulations with respect to the development of the subdivision. ## 7.7 Form of Application - 7.7.1 Application for a permit to develop a subdivision shall be made to the Authority in accordance with Regulation 2.4. ## 7.8 Subdivision Subject to Zoning - 7.8.1 The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the Zoning Maps. ## 7.9 Building Lines - 7.9.1 The Authority may establish building lines for any subdivision street and require any new building to be located on such building lines. value of money in lieu required by the Authority = (a)x (b) ## where, a = estimated assessed pre-development value of subdivided land per square metre in Canadian dollars b = number of square metres required based on these Regulations, calculated to the nearest whole number - 7.10.5 Money received by the Authority in accordance with Subsection 7.10.3, shall be reserved by the Authority for the purpose of the acquisition or development of land for public open space or other public purpose. - 7.10.6 Land dedicated for public use in accordance with this Regulation shall be conveyed to the Authority and may be sold or leased by the Authority for the purposes of any development that conforms with the requirements of these Regulations, and the proceeds of any sale or other disposition of land shall be applied against the cost of acquisition or development of any other land for the purposes of public open space or other public purposes. - 7.10.7 The Authority may require a strip of land to be reserved and remain undeveloped along the banks of any river, brook or pond, and this land may, at the discretion of the Authority, constitute the requirement of land for public use under Subsection 7.10.1 ## 7.11 Structure in Street Reservation - 7.11.1 The placing within any street reservation of any structure (for example, a hydro pole, telegraph or telephone pole, fire hydrant, mail box, or fire alarm) shall receive the prior approval of the Authority, which shall be satisfied on the question of safe construction and relationship to the adjoining buildings and other structures within the street reservation. - (1) Land shall not be subdivided in such a manner as to prejudice the development of adjoining land. ## 7.13 Dead-end Streets - 7.13.1 Dead-end streets shall be limited to areas where through street connections are not possible as determined by a qualified professional. - 7.13.2 Every dead-end street shall be terminated with: - (a) a turning circle of not less than 30.0 metres in diameter; or - (b) a turning tee with arms extending at least 18.0 metres from the centre line of the street. - 7.13.3 The maximum length of any dead-end street shall be: - (a) 300.0 metres in the Mineral Working Zone, Watershed Zone, Recreational Open Space Zone, Residential Rural Zone, and Residential Seasonal Zone; and - (b) 200.0 metres in all other use zones. ## 7.14 Engineer to Design Works and Certify Construction Layout - 7.14.1 Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers and all appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other utilities deemed necessary by the Authority to service the area proposed to be developed or subdivided shall be designed and prepared by or approved by the Engineer. Such designs and specifications shall, upon approval by the Authority, be incorporated in the plan of subdivision. - 7.14.2 Upon approval of the proposed subdivision by the Authority, the Engineer shall certify all work of construction layout preliminary to the construction of the works and thereupon the developer shall proceed to the construction and installation, at their own cost and in accordance with the approved designs and specifications and the construction layout certified by the Engineer, of all such water mains, hydrants, sanitary sewers and all appurtenances, and of all such streets and other works deemed necessary by the Authority to service the said area. - 7.17.2 Before the Authority shall accept the transfer of lands, services, or public works of any subdivision, the Engineer shall, at the cost to the developer, test the streets, services, and public works installed in the subdivision and certify their satisfaction with the installation. - 7.17.3 The Authority shall not provide maintenance for any street, service, or public work in any subdivision until such time as such street, service, or public work has been transferred to and accepted by the Authority. ## 7.18 Restriction on Development of Lots - 7.18.1 No development approval shall be issued on a lot within a subdivision until the Authority is satisfied that: - (a) the lot can be served with satisfactory water supply and sewage disposal systems; and - (b) satisfactory access to a street is provided for the lots. ## 7.19 Grouping of Buildings and Landscaping - 7.19.1 Each plan of subdivision shall make provision for the grouping of building types and for landscaping in order to enhance the visual aspects of the completed development and to make the most use of existing topography and vegetation. - 7.19.2 Building groupings, once approved by the Authority, shall not be changed without written application to and subsequent approval of the Authority. ## 8.2 Delineation of Use Zone Boundaries - 8.2.1 Boundaries between use zones shall be determined as follows: - (a) where a zone boundary is indicated as following a survey line, the boundary shall follow that line; - (b) where a zone boundary is indicated as following a street or controlled access highway, the centreline of the street or controlled access highway shall be the boundary unless otherwise indicated; - (c) where a zone boundary is indicated as following a railway or utility right-of-way, the centreline of the right-of-way shall be the boundary unless otherwise indicated; - (d) where the zone boundary is indicated as approximately following lot lines, the boundary shall follow the lot lines; - (e) where the zone boundary is indicated as following the shoreline of a river, watercourse, lake or saltwater body, the mean high water mark shall be the boundary and the zone boundary shall follow any changes to the mean high water mark of the watercourse; and - (f) where none of the above provisions apply, the Authority shall scale the zone boundary from the zoning map. ## 8.3 Use Classes 8.3.1 The specific uses to be included in each use class in these Regulations shall be determined by the Authority in accordance with the classification and examples set out in Schedule 'A'. Table 8-4: Use Classes in Non-residential Zones | Residential Use Classes | | | IL | | | CON | RUR | MW | |-------------------------------------------------|-----|------|------|----|-----|-------|-------|------| | Boarding House Residential | | | | | | | | | | Collective Residential | | | | | | | | | | Double Dwelling | | | | | | | | | | Multi-unit Dwelling | PC | | | | | | | | | Seasonal Residential | | | | | | | | | | Single Dwelling | | | | | | | | | | Non-residential Use Classes | | | | | ROS | CON | RUR | MW | | Accommodations | P | P | | | | | | | | Agriculture Related | | | | | | | | | | Amusement | | | | | | | | | | Animal Care | P | - | | | | | | | | Antenna | | | | | | | | | | Catering | | | | | | | | | | Cemetery | | | | | | | | | | Childcare | | | | | | | | | | Club and Lodge | | | | | | | | | | Communications Community Garden | P | U I | | | | | | | | Conservation | | P | | | | | | | | Convenience Store | | P | | | | | | | | Craft Beverage Production | | | | | | | | | | Cultural and Civic | | | | | | | | | | Educational | | | | | | | | | | Forestry | | | | | | | | | | General Assembly | | | | | | | | | | General Industry | | | | | | | | | | General Services | | | | | | | | | | Hazardous Industry | | | | | | | | | | Indoor Assembly | | | | | | | | | | Indoor Market | | | | | | | | | | Kennel | | | | | | | | | | Light Industry | | | | | | | | | | Marine Industry Medical Treatment Institutions | | | | | | | | | | Medical Clinics | | | | | | | | | | Mineral Exploration | | | | | | | | | | Mineral Working | | | | | | | | | | Mining | | | | | | | | | | Office and Professional | P | D | | | | | | | | Outdoor Assembly | =00 | | | | | | | | | Outdoor Market | P | P | | | | | | | | Passenger Assembly Penal and Correctional | | - | | | | | | | | Personal Services | P | P | | | | | | | | Place of Worship | | - | | | | | | | | Police Station | | P | | | | | | | | Recreational Open Space | P | P | | | | | | | | | - | | | | | | | | | Scrap Yard | PC | | | | | | | | | Service Station | P | PC P | | | | | | | | Shop Shopping Centre | P | | | | | | | | | Solar Collector, Large-scale | P | | | | | | | | | Solid Waste | | | | | | | | | | Special Care Institutions Take-out Food Service | | | | | | | | | | Taxi Stand | P | | | | | | | | | Theatre | P | | | | | | | | | Transportation | | | | P | | | | | | Wind Turbine | : | | | | | | | PC | ## 8.7 Level 1 Home Occupation Conditions - 8.7.1 Level 1 home occupations, where permitted, shall be accessory to a dwelling and shall be subject to the following requirements: - 8.7.2 Notwithstanding 8.7.1, the home occupation use shall clearly be subsidiary to the residential use, shall not alter the residential character of the property, and shall not detract from the residential character of the neighbourhood. The external appearance of the dwelling shall not be changed by the home occupation. - 8.7.3 The principal operator of a home occupation shall reside in the dwelling where the use is located. | Permitted Use Classes | Accommodations Childcare - 7 or fewer dependents Household item service repair Medical clinics Office and professional Personal service | |----------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Maximum Number of On-site, Non- resident Employees | 2 | | Maximum Fioor Area of Home Occupation | If located within the dwelling, 25 percent of the floor area of the dwelling unit or 45 square metres whichever is less. If located within an accessory building, 45 square metres. The maximum floor area shall not apply to childcare facilities. Accommodations uses shall not be limited in floor area but shall be operated within the main dwelling and shall be limited to a maximum of six (6) guest bedrooms. | | Outdoor Storage and Display | Outdoor storage and displays are not permitted. | | Retail Sales | Retail sales shall be permitted if they are related to and incidental to the primary service being provided by the home occupation. | ## 8.10 Mineral Working and Mines Conditions - 8.10.1 Mineral workings and mines, where permitted, shall be subject to the conditions of this Regulation, in addition to all other applicable Regulations. ## Separation from Adjacent Uses - 8.10.2 Unless the Authority is satisfied that the working will not create a nuisance and will not adversely affect the amenity of the specified development or natural feature, no mineral working or mine shall be located closer than the minimum distances set out below to the specified development or natural feature: - 8.10.3 Where a mineral working or mine originally observes the separation distances outlined in 8.10.2 and is later encroached upon, such encroachment shall not cause the mineral working or mine to be discontinued or impeded. | Feature from which separation is required | Minimum separation distance | |------------------------------------------------------------------------------------------------|-------------------------------| | Existing or proposed residential development | 300 metres | | Public highway or street | 50 metres | | Protected Road | 90 metres | | Water body or watercourse | 50 metres | | Any other developer area or area likely to be developed during the life of the mineral working | 150 metres | ## Screening - 8.10.4 A mineral working or mine shall be screened in the following manner where it is visible from a public street or highway, developed area, or area likely to be developed during the life of the use: - (a) where tree screens exist between the mineral working or mine and adjacent public highways and streets or other land uses (excepting forestry and agriculture), the tree screens shall be retained in a 30metres-wide strip of vegetation so that visibility of any part of the use from the surrounding uses or streets will be prevented. The tree screens must be maintained by the owner or occupier of the use to retain 30 metres in a forested appearance. Where vegetation dies or is removed from the 30-metre strip, the Authority may require new trees of a minimum height of 1.0 metre be planted to fill in the areas affected to the satisfaction of the Authority or, at the discretion of the Authority, condition 8.10.4(b) must be undertaken; ## Stockpiling Cover Material - 8.10.10 All stumps, organic material, and topsoil, including the rusty coloured and iron-stained layer, shall be stripped and stockpiled at least 5 metres from active quarry or stockpile areas. The owner or operator shall ensure that the quality of the topsoil is not affected by dilution with other materials. ## Operating Plant and Associated Processing and Manufacturing - 8.10.11 The Authority may permit processing and manufacturing use associated with mineral workings or mines provided that, in the opinion of the Authority, the use does not create a nuisance nor is liable to become a nuisance or offensive by the creation of noise or vibration, or by reason of the emission of fumes, dust, dirt, objectionable odour, or by reason of unsightly storage of materials. ## Termination and Site Rehabilitation - 8.10.12 Upon completion of the mineral working or mine, the following work shall be carried out by the operation: - (a) all buildings, machinery and equipment shall be removed; - (b) all pit and quarry slopes shall be graded to slopes less than 20 degrees or to the slope conforming to that existing prior to the mineral working; - topsoil and any organic materials shall be re-spread over the entire quarried area; and - (d) the access road to the working shall be ditched or barred to the satisfaction of the Authority. - 8.10.13 If the mineral working or mine contains reserves of material sufficient to support further extraction operations, the Authority may require the work described above to be carried out only in areas of the site where extraction has depleted aggregate reserves. ## 8.11 Multi-unit Dwelling Conditions - 8.11.1 Within the Commercial General Zone, multi-unit dwelling uses shall not be located on the ground floor. - 8.11.2 Notwithstanding 8.11.1, entrances, lobbies, amenity spaces (such as gyms), and mail rooms for multi-unit dwellings shall be permitted on the ground floor. ## 8.15 Wind Turbine Conditions - 8.15.1 Wind turbines, where permitted shall be subject to the follow-ing conditions: - (a) The total combined nameplate capacity for all wind turbines on a lot shall not exceed 2.0 megawatts. - (b) Wind turbines shall have minimum separation distances as follows: - (c) Wind turbines shall not exceed 80 metres in height. - (d) Wind turbines shall not contain exterior lighting, except those recommended by the manufacturer or required by regulatory agencies for safety purposes. - (e) No sign shall appear on a wind turbine, except those identifying the owner or manufacturer. - (f) Rotor blade clearance shall be at least 8.0 metres above grade. | Feature from which separation is required | Minimum separation distance | |---------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Habitable buildings external to the wind energy project | 50 metres for wind turbines with a nameplate capacity of 5.0 kilowatts or smaller 600 metres for wind turbines with a nameplate capacity greater than 5.0 kilowatts | | Habitable buildings internal to the wind energy project | 1.25 times the height of the turbine | | Property lines | 1.25 times the height of the turbine | | Streets and railway rights-of-way | 1.25 times the height of the turbine | ## 9.4 Childcare - 9.4.1 ensure: In considering childcare as a discretionary use, the Authority shall - (a) surrounding industrial uses do not pose safety hazards for the childcare use; - (b) sufficient space is available on the lot to achieve adequate separation distances from adjoining industrial uses to reduce any impacts from noise, dust, or odours on the childcare use; - (c) adequate space for access, drop off, and parking are available to ensure the safety of children; and - (d) fencing and screening will be required for any outdoor play areas that are part of the childcare use. ## 9.5 Hazardous Industrial Uses - 9.5.1 In considering uses involving hazardous substances as a discretionary use, the Authority shall include the following conditions: - (a) where a lot proposed for hazardous use abuts a residential property, such uses shall be limited to Class Il liquids as defined by the National Fire Code; - (b) a separation distance no less than 91 metres, determined by the Authority, shall be maintained between any adjacent residential development and the industrial use; - (c) the use shall not cause or promote fires or other hazards and shall not emit noxious, offensive, or dangerous fumes, smoke, gases, radiation, smells, ash, dust, grit, excessive noise, or vibration; - (d) the site shall be fenced and landscaped to the satisfaction of the Authority; and - (e) the use shall be subject to the approval of the relevant federal and provincial authorities having jurisdiction over such uses from an environmental and occupational health and safety point of view. ## PART 10 USE ZONE STANDARDS ## 10.1 Residential Low Density (RLD) Use Zone Development Standards - 10.1.1 Development in the Residential Low Density (RLD) Use Zone shall conform with the following standards: | Standard | | Double Dwelling All Other Permitted and Discretionary Uses | |------------------------------------------------|--------------|--------------------------------------------------------------| | Lot area (m') min. | 375.0 / unit | 750.0 | | Lot trontage (m) min. | 7.5 / unit | | | Building line setback (m) min. | | | | Side yard setback (m) min. | | | | Rear yard setback (m) min. Main buildings | | | | | 10.0 | 10.0 | | Accessory buildings | 3.0 | 3.0 | | Lot coverage (%) max. | | | | Accessory buildings | 10 | 10 | | Total (main + accessory) | 33 | 33 | | Height (m) max. | | | | Main buildings | 9.0 | 9.0 | | 1-story accessory | 4.5 | 4.5 | | buildings | 6.1 | 6.1 | | 2-story accessory buildings | | | | Minimum floor area (m?) per dwelling unit | 110.0 | 110.0 | | Maximum floor area (m?) per accessory building | 81.0 | 81.0 | ## Municipal Service Requirement - 10.1.2 Development within the Residential Low Density (RLD) Use Zone is conditional upon municipal water, sewer, and street services being directly available to sites proposed for development. - (b) the lot must have access to, and street line frontage on, a publicly maintained street; - (c) the development of the lot must not prevent the use of adjoining lands for future development. Where there is potential for additional development in the area, the lot and access shall be developed in a manner which will accommodate future development; - (d) where there is no potential for future development, the access to the public street shall be a minimum of 6 metres in width and shall be treated as a private driveway; - (e) the site shall be serviced - at the owner's expense - with municipal water and sewer, constructed to standards set by the Authority; - (f) access to the public street shall ditched on both sides to provide drainage connecting to the public storm drainage system; - (g) the minimum building setback shall be 30 metres and the maximum setback shall be 90 metres, measured from the streetline; - (h) the Authority shall refer all applications for the development of backlots to the Municipal Fire Department for confirmation that adequate fire flows can be delivered to the site before a development permit is approved; - the dwelling shall be separated from, and oriented, in a manner that does not adversely affect the privacy and enjoyment of adjoining properties. - (e) street reservations, a minimum of 15.0 metres in width, spaced no less frequently than one every 150.0 metres along the new connector street, so as to provide for future street access to the lands southwest of the Fox Farm Residential Area; - (f) the installation, at the developer's expense, of sewer and water service to specifications of the Town; - (g) provision for a future multi-use trail connecting Fox Farm Road to Remembrance Loop, in the form a reservation at least 5.0 metres in width between Fox Farm Road and the northern extent of the Fox Farm Residential Area; and - (h) establishment of residential unit counts for each phase of development such that at full build-out there are a minimum of 500 dwelling units within the Fox Farm Residential Area. ## 10.5 Residential Large Lot (RLL) Use Zone Development Standards - 10.5.1 Development in the Residential Large Lot (RLL) Use Zone shall conform with the following standards: | Standard | All Permitted and Discretionary Uses | All Permitted and Discretionary Uses | |------------------------------------------------|----------------------------------------|----------------------------------------| | Lot area (m) min. | | 3,035.0 | | Lot frontage (m) min. | | 38.0 | | Building line setback (m) min. | | 8.0 | | Building line setback (m) max. | | 32.0 | | Side yard setback (m) min. | | 3.0 | | Rear yard setback (m) min. Main buildings | | 10.0 | | - Accessory buildings | | 3.0 | | Lot coverage (%) max. Accessory buildings | | 10 | | Total (main + accessory) | | 33 | | Height (m) max. Main buildings | | 9.0 | | 1-story accessory buildings | | 4.5 | | 2-story accessory buildings | | 6.1 | | Minimum floor area (m?) per dwelling unit | | 110.0 | | Maximum floor area (m?) per accessory building | | 81.0 | ## Approved Plan of Subdivision - 10.5.2 Lots in the Residential Large Lot (RLL) Use Zone shall be in conformity with an approved plan of subdivision, and no person shall subdivide land unless written approval to subdivide the land has been given by the Authority. ## Location of Building on Lot - 10.5.3 Within the Residential Large Lot (RLL) Use Zone, the main building shall be located to enable the lot to be divided for additional residential development when full municipal services are eventually extended to the site. ## On-Site Service Installation - 10.5.4 Individual or joint wells in the Residential Large Lot (RLL) Use Zone shall have the approval of the Government Service Centre and, where more than five lots are involved in the subdivision or more than five lots are adjacent or divided by a road, each lot shall have an on-site septic design approved by the Government Service Centre. ## 10.7 Commercial General (CG) Use Zone Development Standards - 10.7.1 Development in the Commercial General (CG) Use Zone shall conform with the following standards: | Standard | All Permitted and Discretionary Uses | |--------------------------------|----------------------------------------| | Lot area (m?) min. | 450.0 | | Lot frontage (m) min. | 10.0 | | Building line setback (m) min. | 10.0 | | Side yard setback (m) min. | 5.0 | | Rear yard setback (m) min. | | | Main buildings | 10.0 | | Accessory buildings | 5.0 | | Lot coverage (%) max. | 100 | | Height (m) max. | | | Main buildings | 15.0 | | - Accessory buildings | 10.0 | ## Municipal Service Requirement - 10.7.2 Development within the Commercial General (CG) Use Zone is conditional upon municipal water and sewer services being directly available to sites proposed for development. ## Highway Access - 10.7.3 The Department of Transportation and Infrastructure will not approve any new individual access onto Route 70/75 south of Powell Drive. Any new development in the Commercial General (CG) Use Zone in this area shall only be approved where access shall be via a service road connecting to an existing access. Any new development requiring a service road shall require the approval of the Department of Transportation and Infrastructure. ## 10.9 Heritage Area (HA) Use Zone Development Standards - 10.9.1 Development in the Heritage Area (HA) Use Zone shall conform with the following standards: | Standard | All Permitted and Discretionary Uses on Lots Fronting on Water Street | All Permitted and Discretionary Uses on Lots Not Fronting on Water Street | |--------------------------------|-------------------------------------------------------------------------|-----------------------------------------------------------------------------| | Lot area (m?) min. | 100.0 | 100.0 | | Lot frontage (m) min. | 5.5 | 5.5 | | Building line setback (m) min. | 0.5 | 6.0 | | Side yard setback (m) min. | 0.0 | 1.5 | | Rear yard setback (m) min. | | | | Main buildings | 5.0 | 5.0 | | - Accessory buildings | 1.5 | 1.5 | | Lot coverage (%) max. | 100 | 50 | | Height (m) max. | | | | Main buildings | 10.0 | 10.0 | | - Accessory buildings | 6.1 | 6.1 | ## 10.10 Design Standards for New Main Buildings in the Heritage Area Use Zone 10.10.1 Except for marine industry uses, new main buildings in the Heritage Area (HA) Use Zone shall meet all the design requirements of this Regulation. ## Windows 10.10.2 Glazing shall not exceed 25% of the area of any wall 10.10.3 Windows on main buildings shall meet the following requirements: - (a) Windows must be rectangular and vertically oriented with a minimum width to height ratio of 1:1.5 and a maximum width to height ratio of 1:2. - (b) Wider window opening may be achieved by combining vertically proportioned windows in a mullioned frame. - (c) Horizontally proportioned slider windows, picture windows, and curved windows shall not be permitted. - (d) All the windows on a storey shall be consistently aligned at either the top of the casing or the top of the glazing. ## 10.12 Industrial Light (IL) Use Zone Development Standards - 10.12.1 Development in the Industrial Light (IL) Use Zone shall conform with the following standards: | Standard | All Permitted and Discretionary Uses | |--------------------------------|----------------------------------------| | Lot area (m?) min. | 450.0 | | Lot frontage (m) min. | 10.0 | | Building line setback (m) min. | 15.0 | | Side yard setback (m) min. | 5.0 | | Rear yard setback (m) min. | | | Main buildings | 10.0 | | Accessory buildings | 5.0 | | Lot coverage (%) max. | 40 | | Height (m) max. | | | Main buildings | 15.0 | | Accessory buildings | 15.0 | ## Services - 10.12.2 Industrial development shall not be permitted in the Industrial Light (IL) Use Zone unless adequate services and firefighting capability designed to meet the needs of the proposed industrial use are available. ## 10.13 Industrial General (IG) Use Zone Development Standards - 10.13.1 Development in the Industrial General (IG) Use Zone shall conform with the following standards: | Standard | All Permitted and Discretionary Uses | |--------------------------------|----------------------------------------| | Lot area (m?) min. | 450.0 | | Lot frontage (m) min. | 10.0 | | Building line setback (m) min. | 10.0 | | Side yard setback (m) min. | 5.0 | | Rear yard setback (m) min. | | | Main buildings | 15.0 | | - Accessory buildings | 5.0 | | Lot coverage (%) max. | 40 | | Height (m) max. | | | Main buildings | 15.0 | | Accessory buildings | 15.0 | ## Services - 10.13.2 Industrial development shall not be permitted in the Industrial General (IG) Use Zone unless adequate services and firefighting capability designed to meet the needs of the proposed industrial use are available. ## 10.15 Public Buildings (PB) Use Zone Development Standards - 10.15.1 Development in the Public Buildings (PB) Use Zone shall conform with the following standards: | Standard | All Permitted and Discretionary Uses | |--------------------------------|----------------------------------------| | Lot area (m) min. | 450.0 | | Lot frontage (m) min. | 8.0 | | Building line setback (m) min. | 15.0 | | Side yard setback (m) min. | 5.0 | | Rear yard setback (m) min. | | | Main buildings | 15.0 | | - Accessory buildings | 5.0 | | Lot coverage (%) max. | 50 | | Height (m) max. | | | Main buildings | 15.0 | | Accessory buildings | 15.0| | ## 10.16 Recreation Open Space (ROS) Use Zone Development Standards - 10.16.1 Development in the Recreation Open Space (ROS) Use Zone shall conform with the following standards: | Standard | All Permitted and Discretionary Uses | |--------------------------------|----------------------------------------| | Lot area (m?) min. | 0.0 | | Lot frontage (m) min. | 0.0 | | Building line setback (m) min. | 3.0 | | Side yard setback (m) min. | 1.5 | | Rear yard setback (m) min. | | | - Main buildings | 3.0 | | - Accessory buildings | 1.5 | | Lot coverage (%) max. | 10 | | Height (m) max. | | | Main buildings | 10.0 | | Accessory buildings | 6.1 | ## 10.19 Mineral Workings (MW) Use Zone Development Standards - 10.19.1 Development in the Mineral Workings (MW) Use Zone shall conform with the following standards: | Standard | All Permitted and Discretionary Uses | |--------------------------------|----------------------------------------| | Lot area (m?) min. | 0.0 | | Lot frontage (m) min. | 0.0 | | Building line setback (m) min. | 10.0 | | Side yard setback (m) min. | 10.0 | | Rear yard setback (m) min. | | | Main buildings | 10.0 | | Accessory buildings | 10.0 | | Lot coverage (%) max. | 25 | | Height (m) max. | | | Main buildings | | | Accessory buildings | | ## 10.20 Watershed (W) Use Zone Development Standards - 10.20.1 Development in the Watershed (W) Use Zone shall conform with the following standards: | Standard | All Permitted and Discretionary Uses | |--------------------------------|----------------------------------------| | Lot area (m3) min. | 0.0 | | Lot frontage (m) min. | 0.0 | | Building line setback (m) min. | 3.0 | | Side yard setback (m) min. | 1.5 | | Rear yard setback (m) min. | | | - Main buildings | 3.0 | | - Accessory buildings | 1.5 | | Lot coverage (%) max. | 10 | | Height (m) max. | | | Main buildings | 10.0 | | - Accessory buildings | 10.0 |     ## PART 11 DEFINITIONS 1. ACCESS means a way used or intended to be used by vehicles, pedestrians, or animals to go from a street to adjacent or nearby land or to go from that land to the street. ## 2. ACCESSORY BUILDING means - (a) detached subordinate building not used as a dwelling, located on the same lot, or on a lot adjacent to the main building to which it is an accessory, and which has a use that is customarily incidental and complementary to, the main use of the building or land; - (b) for residential uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for domestic pets or radio and television antennae; - (c) for commercial uses, workshops, or garages; and - (d) for industrial uses, garages, offices, raised ramps and docks. 3. 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. 4. ACCOMMODATIONS means the use of a building to provide overnight accommodations to the travelling public and includes, but is not limited to, inns, motels, hotels, guest houses, bed-and-breakfasts, tourist cabins, yurts, geodesic domes, tourist cottages, and the rental of a dwelling for a period of 28 days or less. 5. ACT means, unless the context indicates otherwise, the Urban and Rural Planning Act, 2000 6. AGRICULTURE RELATED USE means the use of land, buildings, or structures for processing, packing, storing or treating agricultural crops; livestock housing; fertilizer production from organic matter; veterinary care for livestock; on-farm brewing, wine-making, and similar uses; the sale of farm produce to the general public; and tourism activities related to on-site agricultural activities, such as u-picks or hay rides. 7. AMUSEMENT means the use of land or buildings equipped for the playing of electronic, mechanical, or other games and amusements including electronic games, pinball games and slot machine arcades, and billiard and pool halls. 8. ANIMAL CARE means the use of land, buildings, or part thereof for the care of domestic animals and may include pet grooming, pet daycares, and veterinarians but shall not include overnight boarding, which is captured by the definition of "kennel".  14. BUILDING HEIGHT means the vertical distance, measured in metres from the established grade to the; 2. (a) highest point of the roof surface of a flat roof; 3. (b) deck line of a mansard roof; 4. (c) 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 the roof.  15. 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. 16. CHILDCARE means a building or part of a building in which services and activities are regularly provided to children of pre-school age during the full daytime, but does not include a school. 17. COLLECTOR STREET means a street that is intended to provide circulation between neighbourhoods or from a neighbourhood to the wider transportation network. 18. CONVENIENCE STORE means the use of a building to serve the primary needs of the adjacent neighbourhood and includes the sale of magazine, confectionary and grocery items, rental of video movies, and a delicatessen or snack bar provided that any eating facility is within a wholly enclosed building. 19. DEVELOPER means the person or organization responsible for undertaking a development.   - d. MULTI-UNIT DWELLING means a dwelling containing three or more dwelling units but does not include a row dwelling. - e. ROW DWELLING means three or more dwelling units connected in a horizontal row and with each unit separated vertically from the others. - f. SINGLE DWELLING means a dwelling containing one dwelling unit. 22. DWELLING UNIT ("DU") means one or more habitable rooms within a dwelling designed, occupied, or intended for use by one or more individuals as an independent and separate housekeeping establishment in which cooking, sleeping, and sanitary facilities are provided for the exclusive use of such individual or individuals. 23. ENGINEER means a Professional Engineer employed or retained by the Authority. ## 24. ESTABLISHED GRADE means - (a) where used in reference to a building, the average elevation of the finished surface of the ground where it meets the exterior or the front of that building, exclusive of any artificial embankment or entrenchment; or - (b) where used in reference to a structure that is not a building, the average elevation of the finished grade of the ground immediately surrounding the structure, exclusive of an artificial embankment or entrenchment. 25. EXISTING means legally existing as of the effective date of these Regulations, unless otherwise noted. 26. FENCE means a linear structure composed of rails, pickets, bricks, stones, wire, panels, boards, or other similar materials and used to separate or delineate any parcel of land or part thereof from any other parcel of land or part thereof.    ## 38. LIVESTOCK - a. LARGE LIVESTOCK means cows, horses, ponies, ostriches, emus, pigs, llamas, donkeys, and other animals that, in the opinion of the Authority, are similar in size and waste production. - b. MEDIUM LIVESTOCK means goats, sheep, turkeys, geese, and other animals that, in the opinion of the Authority, are similar in size and waste production. - c. SMALL LIVESTOCK means meat rabbits, chickens, ducks, and other animals that, in the opinion of the Authority, are similar in size and waste production. 39. LOCAL STREET means a street designed primarily to provide access to adjoining land and which is not designated as a collector street or arterial street. 40. LOT means a plot, tract or parcel of land which can be considered as a unit of land for a particular use or building. - a. CORNER LOT means a lot located at the intersection of two or more streets. 41. LOT AREA means the total horizontal area within the lines of the lot. Front Lot Line  45. LOT LINE means an outer boundary for a specific lot. - a. FRONT LOT LINE means the line dividing a lot from the street. For a lot with multiple lot lines abutting a street, the shorter lot line adjacent to the street shall be deemed the front lot line and the longer lot line(s) abutting the street shall be deemed the flanking lot line(s). If all lot lines abutting streets are of equal length then any one may be the front lot line. - b. REAR LOT LINE means the lot line farthest from and - == closest to parallel with the front lot line. If a lot's rear lot line also meets the definition of a flanking lot line, it shall be considered a flanking lot line and the lot shall have no rear lot line. - c. SIDE LOT LINE means any lot line that is not a front, rear, or flanking lot line. - d. FLANKING LOT LINE means a lot line which is not the front lot line and abuts a street. 46. MAIN BUILDING means any building or buildings in which is carried on the principal purpose for which the lot is used. 47. MAIN USE means the use or uses for which the lot is principally used. 48. MINERAL EXPLORATION means 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, 2000. "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 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.  58. PRIVATE ROAD means a street that is not owned by the Town or the Government of Newfoundland and Labrador. 59. RESIDENTIAL SWIMMING POOL means an artificial body of water, excluding ponds, accessory to a dwelling, and with a diameter greater than 0.8 metres. - A. LARGE RESIDENTIAL SWIMMING POOL means a residential swimming pool capable of holding water to a depth greater than 0.6 metres, and with a surface area greater than 9.3 square metres or a diameter greater than 3.0 metres. - B. SMALL RESIDENTIAL SWIMMING POOL means a residential swimming pool not capable of holding water to a depth greater than 0.6 metres, or with a surface area less than 9.3 square metres and a diameter less than 3.0 metres. ## 60. ROOF - a. MANSARD ROOF means a two or four-sided, double sloped roof with a very steep lower slope and a flat (or near flat) upper slope. - b. GABLE ROOF means a two-sided, sloping roof with a single ridge and gables at either end. - c. FLAT ROOF means a roof with little or no slope. - d. GAMBREL ROOF means a two-sided, double sloping roof.      69. 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. - a. BANNER SIGN means a sign composed of lightweight. non-rigid material such as cloth, canvas or similar material that is attached to a building or stretched between two poles, but does not include a canopy sign. - b. BILLBOARD SIGN means an off-premises ground or wall sign erected and maintained by a person or business engaged in the sale or rental of the space on the sign to a client for the purpose of advertising a business, goods, or services not necessarily sold, offered, or conducted on the premises where the sign is located. - c. CANOPY SIGN means a sign that has a structure of rigid or non-rigid material on a framework sheltering an area or forming a sheltered walk.   - j. PORTABLE SIGN means a temporary sign that is not permanently affixed to the ground or to any structure, typically designed for the rearrangement of copy on the sign's display surface, and which is capable of being readily moved from place to place. - k. PROJECTING SIGN means any sign that is wholly or partly dependent upon a building for support and projects from the wall or face of a building or structure. - I. REAL ESTATE SIGN means a sign located on a property for the purpose of announcing the sale, lease, or rental of such property or building or part of a building located thereon. - m. ROOF SIGN means a sign fixed, placed, upon or supported by the roof of a building.       - q. VEHICLE SIGN means a sign which is painted on or affixed to a motor vehicle or trailer which is parked and visible from a public right-of-way and its intended use is as a sign or sign structure. - r. WALL SIGN means a sign which is painted on or permanently affixed to a single wall of a building. 70. 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. 71. STREET LINE means the edge of a street reservation as defined by the Authority having jurisdiction. 72. STRUCTURE means anything that is erected, built, or constructed of parts joined together or any such erection fixed to or supported by the soil or by any other structure, including buildings, walls, signs, and fences. 73. SUBDIVISION means the dividing of land, whether in single or joint ownership, into two or more pieces for the purpose of development. 74. TAKE-OUT FOOD SERVICE means a building in which the primary purpose is the preparation and sale of meals or refreshments for consumption off the premises. 75. TOWN means, where the context dictates, either the geographical area incorporated as the Town of Carbonear, or the body corporate known as the Town of Carbonear.   ## PART 12 SCHEDULES & APPENDICES ## 12.1 Schedules Part of Regulations - 12.1.1 Schedules form part of these Regulations and require an amendment to these Regulations if they are to be changed. Appendices are for information purposes and may be replaced or updated without amending these Regulations. - 12.2 Schedule 'A' - Classification of Uses - 12.3 Schedule 'B' - Planning Area Map - 12.4 Schedule 'C' - Zoning Map - 12.5 Schedule 'D' - Overlay Zones Map - 12.6 Appendix 'A' - Provincial Development Regulations - 12.7 Appendix 'B' - Road Classifications | GROUP | DIVISION | CLASS | TEXAMPLES | |--------------------------|----------------------------------------------|-----------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------| | A. ASSEMBLY USES (con'd) | 4. Open-air Assembly Uses | (a) Outdoor Assembly | Amusement Parks Bleachers Drive-in Theatres Exhibition Grounds Fair Grounds Grandstands Outdoor Ice Rinks Outdoor Swimming Pools | | INSTITUTIONAL USES | 1. Penal and Correctional Institutional Uses | (a) Penal and Correctional Detention Penitentiaries | Jails Police Stations (with detention quarters) Psychiatric Hospitals (with detention quarters) Reformatories | | INSTITUTIONAL USES | 2. Special Care Institutional Uses | (a) Special Care Institutional | Personal Care Home Nursing Home Assisted Living Complexes Long Term Care Facilities | | INSTITUTIONAL USES | 3. Medical Treatment Institutional Uses | (a) Medical Treatment Hospitals Institutions | Psychiatric Hospitals (without detention quarters) |  | D. BUSINESS & PERSONAL SERVICE USES | 1. Business, Professional, an Personal Service | (a) Office and Professional | Accountants, lawyers, engineers, surveyors, and similar professional Batices Government Offices) Offices (including | |---------------------------------------|--------------------------------------------------|-------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------| | D. BUSINESS & PERSONAL SERVICE USES | 1. Business, Professional, an Personal Service | (b) Medical Clinics | Dental Offices & Surgeries Doctors' Offices and Consulting Rooms Massage Therapists Medical Specialists Optometry Clinics Physiotherapists Psychologists | | D. BUSINESS & PERSONAL SERVICE USES | 1. Business, Professional, an Personal Service | (c) Personal Services | Barbers Cobblers Dry cleaning drop-off counters Laundromats, Salons Tailors Tattoo shops | | D. BUSINESS & PERSONAL SERVICE USES | 1. Business, Professional, an Personal Service | (d) General Services | Dry Cleaners (not using flammable or explosive substances Small Tool and Appliance Rentals and | | D. BUSINESS & PERSONAL SERVICE USES | 1. Business, Professional, an Personal Service | (e) Communica- tions | Radio Stations Telephone Exchanges | | D. BUSINESS & PERSONAL SERVICE USES | 1. Business, Professional, an Personal Service | (f) Police Station | Police Stations without detention quarters | | D. BUSINESS & PERSONAL SERVICE USES | 1. Business, Professional, an Personal Service | (g) Taxi Stand | Taxi Stands | | D. BUSINESS & PERSONAL SERVICE USES | 1. Business, Professional, an Personal Service | (h) Take-out Food Service | Take-out Food Service | | D. BUSINESS & PERSONAL SERVICE USES | 1. Business, Professional, an Personal Service | (i) Animal Care | Pet Daycares Pet Grooming Veterinary Surgeries | | E MERCANTILE USES | 1. Retail Sale and Display Uses | (a) Shopping Centre | Shopping Centres | | E MERCANTILE USES | 1. Retail Sale and Display Uses | (b) Shop | Retail Shops, Stores, and Showrooms Department Stores | | E MERCANTILE USES | 1. Retail Sale and Display Uses | (c) Indoor Market | Auction Halls Market Halls | | E MERCANTILE USES | 1. Retail Sale and Display Uses | (d) Outdoor Market | Animal Markets Fish Stands Market Grounds Produce and Fruit Stands | | E MERCANTILE USES | 1. Retail Sale and Display Uses | (e) Convenience Store | Confectionary Stores Corner Stores Gift Shops Specialty Shops | | G. NON- BUILDING USES | 1. Uses not directly (a) Agriculture Related | Agritourism Commercial Farms Hobby Farms Market Gardens & Nurseries U-picks | |-------------------------|------------------------------------------------|--------------------------------------------------------------------------------------------------------------------| | | (b) Community Garden | Community Garder Community Greenhouse | | | (c) Forestry | Tree Nurseries Silviculture | | | (d) Mineral Exploration | Mineral Exploration Prospecting | | | (e) Mineral Working | Quarries Pits | | | (t) Mining | Mines | | | (g) Recreational Open Space | Parks Playgrounds Playing Fields Sports Grounds | | | (h) Conservation | Architectural, Historical and Scenic Sites Buffer Strips Flood Plains Steep Slopes Watersheds Wildlife Sanctuaries | | | (i) Cemetery | Cemeteries Graveyards | | | (i) Scrap Yard | Car Wrecking Yards Scrap Dealers | | | (k) Solid Waste | Sanitary Land Fill Solid Waste Disposal | | | 1(1) Kennel | Animal Pounds Kennels Zoos | | | (m) Antenna | TV, Radio, and Communications Transmitting, Receiving Masts and Antennae | | | (n) Transportation | Airfields Breakwaters Docks and Harbours Railway Yards | | | ((o) Wind Turbine | Wind Turbines | | | (p) Large Scale Solar Collector | Solar collectors as a main use |