Town of Carbonear Development Regulations 2025 (Provincial Registry)
Carbonear, Newfoundland and Labrador
· adopted 2025-08-12
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Town of Carbonear Development Regulations 2025
Town of Carbonear Development Regulations 2025
All rights reserved, 2025.
This Report was originally prepared by UPLAND
Planning + Design Studio for the Town of Carbonear.
Adopted: 2025.08.12
Approved: 2025.09.09
Effective date: yyyy.mm.dd
With amendments to: N/A
Photos
Town of Carbonear
Carbonear
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.
44--
Signed and sealed this O-day of,
"SetAukcay
, 2026.
Mayor:
Clerk:
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.
I. Watson, M.C.I.P.
11Cveit irnit:1:1. 1:14: .attl,;:,./Aille!lCillIent
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Date
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Signature
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Urban and Rural Planning Act, 2000
Resolution to Approve
Town of Carbonear Development Regulations
2025
Under the authority of Section 16, Section 17 and Section 18 of the Urban and Rural Planning
Act, 2000, the Town Council of Carbonear:
a) adopted the Town of Carbonear Development Regulations 2025 on the 12th day of August,
2025.
b) Gave notice of the adoption of the Town of Carbonear Development Regulations 2025 by
posting notices in two prominent locations (the Town Hall lobby and the Carbonear Pool
Bulletin Board), advertisement in the Shoreline News on August 21, 2025 and August 28,
2025, and by advertisement on the Town of Carbonear website starting on August 22, 2025;
c) Set the day 1st day of September, 2025 at 4:30 pm as the deadline for a signed written
statement outlining objections and representations to the draft Town of Carbonear
Development Regulations.
Now under the authority of Section 23 of the Urban and Rural Planning Act, 2000, the Town
Council of Carbonear approves the Town of Carbonear Development Regulations 2025 as
amended below:
a) Appendix B of the Carbonear Development Regulations be amended to incorporate the
revised road classifications as presented by the Chief Administrative Officer at the public
hearing.
SIGNED AND SEALED this day of,
30,erv-i-t-6'-( y , 2026
Mayor:
Clerk:
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
3
2.4
Application Requirements
3
2.5
Public Notice
6
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
10
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
3.1
Variances
13
3.2
Notice of Variance
13
3.3
Right to Appeal
14
3.4
Notice of Right to Appeal
14
3.5
Development Prohibited
14
Part 4
GENERAL DEVELOPMENT STANDARDS
15
4.1
Application
15
4.2
Accesses and Service Streets
15
4.3
Accessory Buildings
15
4.4
Accessory Livestock Structures
17
4.5
Accessory Uses
17
4.6
Archaeological Assessments and Finds
18
4.7
Buffer Strips for Industrial Development
18
4.8
Building Height
19
4.9
Building Line and Setback
19
4.10
Coastal Elevation
19
4.11 Heritage Properties
20
4.12
Commercial Instruction of One or Two Students at a lime
20
4.13
Electrical Vehicle Charging
21
4.14
Fences
21
4.15
Landscape Extraction
21
4.16
Lot Area
22
4.17
Lot Area and Size Exceptions
22
4.18
Lot Frontage
22
4.19
Multiple Main Buildings
22
4.20
Multiple Main Uses
22
4.21 Non-Conforming
23
4.22
Offensive and Dangerous Uses
24
4.23
Personal Office or Studio
24
4.24
Reinstatement of Land
24
4.25
Residential Swimming Pools
25
4.26
Screening and Landscaping
25
4.27
Side Yard Setbacks
26
4.28
Services and Public Utilities
26
4.29
Servicing
26
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
39
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
Part 7
SUBDIVISION OF LAND
44
7.1
Permit Required
44
7.2
Development Agreement
44
7.3
Services to be Provided
44
7.4
Payment of Service Levies and Other Charges
44
7.5
Issue of Permit Subject to Considerations
44
7.6
Building Permits Required
45
7.7
Form of Application
45
7.8
Subdivision Subject to Zoning
45
7.9
Building Lines
45
7.10
Public Open Space Dedication
46
7.11 Structure in Street Reservation
47
7.12
Subdivision Design Standards
48
7.13
Dead-end Streets
49
7.14
Engineer to Design Works and Certify Construction Layout
49
7.15
Developer to Pay Engineer's Fees and Charges
50
7.16
Street Works May Be Deferred
50
7.17
Transfer of Streets and Utilities to Authority
50
7.18
Restriction on Development of Lots
51
7.19
Grouping of Buildings and Landscaping
51
Part 8
USE ZONES & PERMITTED USES
52
8.1
Use Zones
52
8.2
Delineation of Use Zone Boundaries
53
8.3
Use Classes
53
8.4
Permitted and Discretionary Uses
54
8.5
Accessory Dwelling Conditions
56
8.6
Agriculture Related Use Conditions
56
8.7
Level 1 Home Occupation Conditions
57
8.8
Conditional Uses in the Public Buildings Zone
58
8.9
General Industry Conditions
58
8.10
Mineral Working and Mines Conditions
59
8.11 Multi-unit Dwelling Conditions
61
8.12
Residential Uses in the Heritage Area Use Zone Conditions
62
8.13
Service Station Conditions
62
8.14
Single Dwelling Conditions
62
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
Part 11
DEFINITIONS
85
Part 12
SCHEDULES & APPENDICES
103
12.1 Schedules Part of Regulations
103
12.2
Schedule 'A' -- Classification of Uses
103
12.3
Schedule 'B' -- Planning Area Map
103
12.4
Schedule 'C' -- Zoning Map
103
12.5
Schedule 'D' -- Overlay Zones Map
103
12.6
Appendix 'A' -- Provincial Development Regulations
103
12.7
Appendix 'B' -- Road Classifications
103
PART 1
APPLICATION
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 13', 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.
Town of Carbonear Development Regulations 2025
1
1.5
Authority
1.5 .1
In these Regulations, "Authority" means the Council of the Town of
Carbonear.
1.5.2
Where the term "Authority" is referenced in these Regulations, Council
may, by resolution, delegate its authority to administer the Regulations or
part thereof to an employee of Council or an agent in the employment of
Council.
1.6
Provincial Development Regulations
1.6.1
Some regulations from the Provincial Development Regulations, 3/01 and
provisions of the Urban and Rural Planning Act, 2000 have been
incorporated directly into these Regulations for ease of use and are
marked as follows:
Provincial
Urban and
Reg. X
Rural Planning
Reg. X
1.6.2
The Provincial Development Regulations, 3/01 are included in their
entirety as Appendix 'A'. Where there is conflict between these
Development Regulations and the Provincial Development Regulations,
3/01, the Provincial Development Regulations, 3/01 shall apply.
1.7
Commencement
1.7.1
These Regulations come into effect throughout the Carbonear Municipal
Planning Area, hereinafter referred to as the Planning Area, on the date
of publication of a notice to that effect in the Newfoundland and Labrador
Gazette.
1.8
Repeal of Regulations
1.8.1
The following Regulations are repealed as of the effective date of these
Regulations:
(a)
Town of Carbonear Development Regulations Gazetted on
December 24, 2004, as amended.
1.9
Severability
1.9.1
If any provision of these Regulations is held to be invalid by a decision of
a court of competent jurisdiction, that decision shall not affect the validity
of the remaining portions of these Regulations.
Town of Carbonear Development Regulations 2025
2
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 "m".
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.
Town of Carbonear Development Regulations 2025
3
2.4.2
Site plans prepared for a development approval application or approval in
principle shall be drawn to an appropriate scale and showing information
as required by the Authority, such as, but not limited to:
(a)
the true shape and dimensions of all lots for which development is
proposed;
(b)
identification of all abutting streets;
(c)
identification of rights-of-way and easements within the subject
property;
(d)
proposed location, height, and dimensions of any building,
structure, or work for which the permit is applied;
(e)
location of every building or structure already erected on or partly
on the subject property, and the approximate location of every
building within 10.0 metres of the subject property on contiguous
lots;
(f)
existing and proposed services;
(g)
existing and proposed drainage ditches or culverts;
(h)
location of existing and proposed solid waste storage areas;
(i)
proposed location and dimensions of parking spaces loading
spaces, driveways, and landscaping areas;
(j)
north arrow, scale, date of drawing, and identity of drawing author;
and,
(k)
other such information as may be necessary to determine whether
every such development conforms with the requirements of these
Regulations.
2.4.3
In addition to the requirements of Subsection 2.4.2, an application for
development that would alter more than 10.0 square metres of land with
a slope greater than 15% shall require a grading plan showing, at a
minimum:
(a)
existing and finished grades for each corner of the lot(s);
(b)
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
(c)
proposed locations of stormwater infiltration within the subject site
and/or locations of discharge outside the subject site;
2.4.4
In addition to the requirements of Subsection 2.4.2, an application for an
approval of a subdivision shall provide the following information:
Town of Carbonear Development Regulations 2025
4
(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 lot(s);
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
iii) 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;
(i)
traffic impact assessment or study; and/or
(j)
groundwater supply study.
Town of Carbonear Development Regulations 2025
5
2.5
Public Notice
2.5.1
The Authority shall provide public notice for a period of not less than:
(a)
7 days - when considering a variance in accordance with Part 3;
and
(b)
14 days - when considering a change in a non-conforming use in
accordance with Regulation 4.21 or development which is listed as
a discretionary use in the applicable Use Zone.
2.5.2
The Authority may require public notice of any development application
where, in the opinion of the Authority, such notice is required for
information and public consultation purposes.
2.5.3
The Authority shall require the cost of the public notice or portion thereof
be paid by the applicant. Notice shall be by public advertisement in a
newspaper circulating in the area or by any other means deemed
necessary by the Authority. In addition, notice for a proposed variance
shall be given in writing 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.
2.6
Approval to be Issued
2.6.1
Subject to Regulation 2.7 an approval shall be issued for development
within the Planning Area that conforms to all of:
(a)
the general development standards set out in Part 4, parking
requirements set out in Part 6, the use provisions of 8.3, and the
zone standards of Part 10 for the use zone in which the proposed
development is located;
(b)
the standards set out in the Building Code and/or other ancillary
codes, and any building regulations, waste disposal regulations,
and/or any other municipal regulation in force in the Planning Area
regulating or controlling development, conservation, and use of
land and buildings;
(c)
the standards set out in Part 5 of these Regulations in the case of
signs;
(d)
the standards set out in Part 7 of these Regulations in the case of
subdivision; and
(e)
the standards of design and appearance established by the
Authority.
Town of Carbonear Development Regulations 2025
6
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.
Town of Carbonear Development Regulations 2025
7
2.8
Approval in Principle
2.8.1
The Authority may grant approval in principle for the erection, alteration,
or conversion of a building if, after considering an application for approval
in principle made under these Regulations, it is satisfied that the
proposed development is, subject to the approval of detailed plans, in
compliance with these Regulations.
2.8.2
An application for approval in principle shall include:
(a)
a description of the proposed development;
(b)
a description of the limits of the land to be used with the proposed
development, and may include a survey description of the subject
lands;
(c)
submission of a site plan, conforming to Subsection 2.4.2; and,
(d)
any additional information that may be required by the Authority.
2.8.3
An approval in principle shall be valid for two (2) years.
2.8.4
No development shall be carried out under an approval in principle.
2.8.5
The Authority may revoke an approval in principle if it determines the
applicant has changed the proposed development in a way that
significantly alters the original intent of the application.
2.9
Approval
2.9.1
Approval for a development shall be granted by the Authority in the form
of a development permit for applications approved under these
Regulations.
2.9.2
A plan or drawing that has been approved by the Authority and which
bears a mark and/or signature indicating such approval together with a
permit shall be deemed to be permission to develop. Such permission
shall not relieve the applicant from:
(a)
full responsibility of obtaining permits or approvals under any other
regulation or statute prior to commencing the development;
(b)
having the work carried out in accordance with these Regulations,
the National Building Code of Canada, or any other regulations or
statutes; or
(c)
compliance with all conditions attached to an approval or a permit.
Town of Carbonear Development Regulations 2025
8
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.
2.9.4
A permit is valid for such period, not in excess of two years, as may be
stated therein, and if the development has not commenced, the permit
may be renewed for a further period not in excess of one year, but a
permit shall not be renewed more than once, except in the case of a
permit for 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.
2.9.6
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.
Town of Carbonear Development Regulations 2025
9
2.11
Revocation of Permit
2.11.1 The Authority may revoke an approval and any subsequent permits
where:
(a)
the applicant fails to comply with these Regulations or any
condition attached to the permit;
(b)
the permit was issued in error or was issued contrary to the
applicable regulations; or
(c)
the permit was issued on the basis of incorrect information.
2.12
Deferment of Application
2.12.1 The Authority may, with the written agreement of the applicant, defer
consideration of an application.
2.13
Deemed Refusal
2.13.1 Applications properly submitted in accordance with these Regulations
shall be deemed to be refused if:
(a)
the Authority has not communicated a decision to the applicant
within eight (8) weeks from the time the application is deemed
complete; and
(b)
the application has not been deferred in accordance with
Regulation 2.12.
2.14
Reasons for Refusing Permit
2.14.1 The Authority shall, when refusing to issue a permit or attaching conditions
to a permit, state the reasons for so doing.
2.15
Register of Application
2.15.1 The Authority shall keep a public register of all applications for
development, including a record of the Authority's decision upon each
application and the result of any appeal from that decision.
2.16
Service Levy
2.16.1 The Authority may require a developer to pay a service levy where
development is made possible or where the density of potential
development is increased, or where the value of property is enhanced, by
the carrying out of public works either on or off the site of the development.
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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.
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2.18
Dedication of Land for Public Use
2.18.1 In addition to the requirements for dedication of land under Regulation 7.10,
the Authority may require the dedication of a percentage of the land
area of any subdivision or other development for public use, and such
land shall be conveyed to the Authority in accordance with the provisions
of the Act.
2.19
Right of Entry
2.19.1 Consistent with Section 105 of the Act, the Authority or authorized
inspector may enter upon any public or private land and may at all
reasonable times enter any development or building upon the land for the
purpose of making surveys or examinations or obtaining information
relative to the carrying out of any development, construction, alteration,
repair, or any other works whatsoever which the Authority is empowered
to regulate.
2.20
Record of Violations
2.20.1 Every inspector shall keep a record of any violation of these Regulations
which comes to his knowledge and report that violation to the Authority.
2.21
Stop Work Order and Prosecution
2.21.1 Subject to Section 102 of the Act, where a person begins a development
contrary or apparently contrary to these Regulations, the Authority may
order that person to stop the development or work.
2.21.2 Consistent with Section 109 of the Act, where an employee or delegate of
the Authority issues an order made under Subsection 2.21.1, the order
shall be confirmed by a majority vote of Council at their next regular
meeting, and if the order is not confirmed in this manner it shall be
considered to be cancelled.
2.21.3 Council may further order a person to pull down, remove, stop
construction, fill in, or destroy that building or development, and restore
the site or area to its original state, pending final adjudication in any
prosecution arising out of the development.
2.21.4 A person who does not comply with an order made under Subsection
2.21.1 is guilty of an offence under the provisions of the Act.
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PART 3
VARIANCES & APPEALS
Provincial 3.1
Variances
Reg. 12
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.
Provincial 3.2
Notice of Variance
Reg. 13
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.
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3.3
Right to Appeal
3.3.1
Consistent with Section 41 of the Act, a person or a group of persons
aggrieved by a decision may appeal the decision to an adjudicator where:
(a)
the decision is permitted to be appealed to an adjudicator under
the Act or another act; or
(b)
the decision is permitted to be appealed under the regulations and
the decision relates to one or more of the following:
i) an application to undertake a development;
ii) a revocation of an approval or a permit to undertake a
development; or
iii) the issuance of a stop work order.
3.4
Notice of Right to Appeal
3.4.1
Where the Authority makes a decision that may be appealed under Section
41 of the Act, the Authority shall, in writing, at the time of making that
decision, notify the person to whom the decision applies of the:
(a)
person's right to appeal the decision to an adjudicator;
(b)
time by which an appeal is to be made;
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the
appeal.
3.5
Development Prohibited
3.5.1
Where an appeal is made under Section 41 of the Act, the development
with respect to the appeal, work related to that development or an order
that is under appeal shall not proceed or be carried out pending a
decision of the adjudicator.
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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.
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(g)
An accessory building on a corner lot may be placed in front of the
flanking building line, provided the location does not impede
visibility on the flanking street and the accessory building is set
back from the flanking street a minimum of the greater of the
established building line or:
i) 8.0 metres in the Residential Low Density Use Zone and
Residential Large Lot Use Zone; or
ii) 6.0 metres in all other use zones.
(h)
In residential use zones, two-story accessory buildings shall have
a maximum ground floor area of 50.0 square metres and a
maximum ground floor ceiling height, as measured from the
finished floor to the finished ceiling, of 2.64 metres.
Buildings accessory to a residential use shall:
i) unless otherwise approved by the Authority, only be provided
with electrical service through the same services as the main
residential building;
ii) not be used for the purpose of performing repairs to vehicles
or heavy equipment; or painting, dismantling, or scrapping
vehicles or machinery; aside from minor repair to the
occupant's personal vehicle;
iii) be located on the same lot as the residential use;
iv) not exceed the dwelling in height; and
v) not have a floor area that exceeds the floor area of the
dwelling to which they are accessory.
4.3.2
The side yard requirements set out in the use zone standards in these
Regulations shall be waived for accessory buildings on two (2) adjoining
properties that are built to the shared property boundary, provided they
shall be of fire-resistant construction and have a common firewall.
(i)
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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:
Lots less than 1,400
-
m2 in area
Lots 1,400 m2 in area
or greater, but less
than 4,000 m2 in area
Lots 4,000 m2 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
4.4.2
All livestock shall comply with the Town of Carbonear Animal
Regulations. Where the Animal Regulations conflict with these
Regulations, the stricter provision shall apply.
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.
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4.6
Archaeological Assessments and Finds
4.6.1
Where archeological resources are known to exist, or where they are
likely to exist based on location or historical evidence, applications for
development shall be forwarded to Provincial Archaeology Office,
Department of Tourism, Culture, Arts and Recreation for review to
determine if an Historic Resources Impact Assessment or other legislated
review is required under the Historic Resources Act.
4.6.2
The Authority or the Provincial Archaeology Office may require an
archaeological assessment at the expense of the applicant, and such
assessments shall be reviewed by the Provincial Archaeology Office.
4.6.3
In the event of an archaeological find occurring during any development,
development of the site shall immediately cease, and the developer shall
immediately notify the Provincial Archeological Office and the Authority of
the find.
4.7
Buffer Strips for Industrial Development
4.7.1
Where any industrial development permitted in any use zone abuts a
residential zone, or is separated from it by a road only, the owner of the
site of the industrial development shall provide a buffer strip not less than
ten (10) metres wide between any residential activity and the industrial
area.
4.7.2
The buffer shall include the provision of such natural or structural visual
barrier as may be required by the Authority and shall be maintained by the
owner or occupier to the satisfaction of the Authority.
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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.
(b)
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.
(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.
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4.11
Heritage Properties
4.11.1 Provincially registered heritage properties require permission from the
minister responsible for the Historic Resources Act prior to moving,
demolishing, or altering the heritage resource. Applicants for such
alterations are recommended to contact the Heritage Foundation of
Newfoundland and Labrador prior to undertaking any work.
4.11.2 A building, structure or land designated by the Town as a heritage
building, structure, or land shall not be demolished or built upon nor the
exterior of the building or structure altered, except under a written permit
of the Authority specifically authorizing the alteration and in accordance
with the terms and conditions of the permit.
4.11.3 When evaluating a proposal for alteration of a municipally registered
heritage property, as provided for by Subsection 4.11.2., the Authority
shall not authorize the alteration(s) unless the Authority is satisfied the
proposal does not harm the character defining elements of the property
as outlined in the property's statement of heritage value.
4.11.4 A property or building that is Designated under the Town of Carbonear
Heritage Regulations, Province of Newfoundland and Labrador Historic
Resources Act, or Government of Canada Historic Sites and
Monuments Act, or successor regulations or legislation, shall be eligible
for relaxations of the requirements of these Regulations as follows:
(a)
The minimum automobile parking requirements of Regulation 6.1
shall not apply.
(b)
The number of accommodations guest bedrooms permitted by
Regulation 8.7 shall be increased by one (1).
4.12
Commercial Instruction of One or Two Students at a Time
4.12.1 Nothing in these Regulations shall prevent the use of a portion of any
dwelling or building accessory to a dwelling for the commercial instruction
of one student or two students at a time.
4.12.2 No development permit shall be required for the commercial instruction of
one student or two students at a time.
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4.13
Electrical Vehicle Charging
4.13.1 Nothing in these Regulations shall prevent the installation of a non-
commercial 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.
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4.16
Lot Area
4.16.1 No lot shall be reduced in area so as to create a situation where lot
coverage exceeds, or yards, frontage, or lot area are less than that
permitted by these Regulations for the use zone in which such lot is
located.
4.16.2 Where any part of a lot is required by these Regulations to be reserved as
a yard, it shall continue to be so used regardless of any change in the
ownership of the lot or any part thereof, and shall not be deemed to form
part of an adjacent lot for the purpose of computing the area thereof
available for building purposes.
4.17
Lot Area and Size Exceptions
4.17.1 The Authority may approve development of a dwelling on a lot that exists
at the time of coming into effect of these Regulations that has insufficient
frontage or area to permit the owner or purchaser of the lot to comply
with the provisions of these Regulations and is located in a use zone that
permits dwellings.
4.17.2 Such approvals shall only be issued where the lot coverage is not greater
than, and the yards and floor area are not less than, the standards set
out in these Regulations.
4.17.3 Development of an existing undersized lot shall comply with all applicable
wastewater and drinking water regulations.
4.18
Lot Frontage
4.18.1 Except where specifically provided for in Part 10 of these Regulations, no
residential or commercial building shall be erected unless the lot on which
it is situated fronts directly onto a public street or on a private road
existing on the effective date of these Regulations or forms part of a
Comprehensive Development Scheme or permitted backlot development.
4.19
Multiple Main Buildings
4.19.1 Unless otherwise prohibited in these Regulations, any number of main
buildings may be located on the same lot, subject to applicable zone
requirements.
4.20
Multiple Main Uses
4.20.1 Multiple main uses may locate on the same lot or in the same building(s).
Where any land or building is used for more than one main use all
provisions of these Regulations relating to each use shall be satisfied and if
more than one standard applies, the more stringent standard shall prevail.
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Urban and 4.21
Rural Planning
Act s108
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 fora 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 non-
conforming manner where 50% or more of the value of that
building, structure or development has been destroyed;
(d)
may have the existing use for that building, structure or
development varied by the Authority to a use that is, in the
Authority's opinion, more compatible with the plan and regulations
applicable to it;
(e)
may have the existing building extended by approval of the Authority
where, in the Authority's opinion, the extension is not more than 50%
of the existing building;
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;
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.
(f)
(g)
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Provincial
Reg. 15
4.21.4 Where considering a non-conforming building, structure or development
under 4.21.3(d) and before making a decision to vary an existing use of
that non-conforming building, structure or development, the Authority, at
the applicant's expense, shall publish a notice in a newspaper circulating
in the area or by other means give public notice of an application to vary
the existing use of a non- conforming building, structure or development
and shall consider any representations or submissions received in
response to that advertisement.
4.22
Offensive and Dangerous Uses
4.22.1 Unless its use is authorized by the Authority and any other authority
having jurisdiction, no building or land shall be used for any purpose that:
(a)
may be dangerous by causing or promoting fires or other hazards;
(b)
may emit noxious, offensive, or dangerous fumes;
(c)
may emit smoke, gases, radiation, smells, ash, dust or grit, or
excessive noise or vibration; or
(d)
may create any nuisance that has an unpleasant effect on the
senses.
4.23
Personal Office or Studio
4.23.1 Nothing in these Regulations shall prevent the use of a portion of any
dwelling or building accessory to a dwelling as a personal office or studio
for residents of the dwelling if the personal office or studio is not intended
to be visited by members of the public.
4.23.2 No development permit shall be required for a personal office or studio
for residents of the dwelling if the personal office or studio is not intended
to be visited by members of the public.
4.24
Reinstatement of Land
4.24.1 Where the use of land is discontinued or the intensity of its use is
decreased, the Authority may order the developer, the occupier of the site,
or the owner or all of them to reinstate the site, to remove all or any
buildings or erections, to cover or fill all wells or excavations, and to close
all or any accesses, or to do any of these things or all of them, as the
case may be, and the developer, occupier or owner shall carry out the
order of the Authority and shall put the site in a clean and sanitary
condition to the satisfaction of the Authority.
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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 on-
site 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.
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4.27
Side Yard Setbacks
4.27.1 In all use zones, the Authority may reduce the minimum side yard
setback to zero where buildings on either side of the side lot line are to
share a fire-rated party wall.
4.28
Services and Public Utilities
4.28.1 The Authority may within any use zone permit land to be used in
conjunction with the provision of public services and public utilities, and
provide for the necessary relaxations of the standards of Part 10, if the
use of that land is necessary to the proper operation of the public service
or public utility concerned provided that the design and landscaping of
any development of any land so used is, in the opinion of the Authority,
adequate to protect the character and appearance of the area.
4.29
Servicing
4.29.1 New plumbed buildings shall be connected to Town sewer and drinking
water systems where such services are available. Where service
availability is disputed or unclear, the Engineer shall make a
determination based on site conditions and available servicing capacity.
The Authority may exempt industrial uses from this requirement.
4.29.2 Commercial, industrial, and institutional uses connected to the Town
sewer system shall include a solids interceptor to the satisfaction of the
Engineer.
4.29.3 Any new residential development or treatment systems connecting to the
municipal water and sewer system shall obtain approval under Section
36 and 37 of the Water Resources Act.
4.29.4 The development of a well for non-domestic purposes shall obtain
approval under Section 58 of the Water Resources Act.
4.30
Solar Collector Systems - Accessory
4.30.1 Accessory solar collector systems shall be permitted in all use zones and
may be mounted as free-standing structures or on buildings.
4.30.2 Accessory solar collector systems mounted on buildings may exceed the
maximum building height in the zone by up to 2.0 metres.
4.30.3 Accessory solar collector systems mounted as free-standing structures
shall:
(a)
not exceed a height of 2.0 metres;
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(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.
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4.33.3 Existing buildings located within a watercourse or shoreline buffer may be
reconstructed, renovated, repaired, moved, or replaced provided the
work does not increase the building's footprint within the buffer or reduce
the depth of the buffer and all other applicable requirements of these
Regulations are met.
4.33.4 The Authority may require larger buffer areas around watercourses
where identified flood plains, steep slopes or unstable soil conditions
could result in damage to watercourses, wildlife habitat, or the
development.
4.33.5 Notwithstanding Subsection 4.33.1 and 4.33.2, but subject to 4.33.6, the
Authority may issue a Development Permit for a development within a
watercourse or shoreline buffer provided a detailed study, including a plot
plan, prepared by a qualified person at the applicant's cost, clearly
demonstrates:
(a)
the proposed development is located above the 4.0 metre contour;
(b)
the proposed development is set back a minimum of 4.0 horizontal
metres from the ordinary high watermark;
(c)
the proposed development complies with Provincial permitting and
regulations as applicable; and
(d)
the proposed buffer distance divided by the expected annual
erosion rate of the shoreline or bank at that location is greater than
the expected lifespan of the proposed development.
4.33.6 Prior to the issuance of a development approval, any application for
development within 15.0 metres of any body of water, including wetlands,
shall apply for and obtain a permit from the Province's Water Resource
Management Division under Section 48 of the Water Resources Act.
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PART 5
SIGNAGE
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.
5.5
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:
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(a)
hazardous to road traffic by reason of its siting, colour, illumination,
or structural condition, or;
(b)
detrimental to the amenities of the surrounding area.
5.6
Sign Maintenance & Abandoned Signs
5.6.1
Every sign shall be kept in good repair and working order, and not
present a safety hazard.
5.6.2
Every sign and all parts thereof, including framework, supports,
background, anchors, and wiring systems shall be constructed and
maintained in compliance with any applicable building, electrical, and fire
prevention regulations.
5.6.3
Signs shall be removed, at the cost of the sign's owner, within 30 days if
the use for which they advertise is discontinued.
5.7
Signage on Easements
5.7.1
Except for portable signs, signs shall not be permitted to locate upon or
project within the limits of utility or municipal service easements. Any sign
located adjacent to a utility or municipal service easement shall be
located in accordance with the requirements of the easement owner.
5.8
Exempt Signage
5.8.1
Unless prohibited by Regulation 5.9, the following signs may be erected
or displayed in the Planning Area without application to the Authority:
(a)
on a dwelling or within the courtyard of a dwelling, a single
nameplate not exceeding 0.2 square metres in area;
(b)
on a lot with a home occupation, a single ground or wall sign not
exceeding 1.0 square metre in area;
(c)
on an agricultural holding or farm, a single notice board not
exceeding 1.0 square metre in area and relating to the operations
being conducted on the land;
(d)
on land used for forestry purposes, a single sign or notice not
exceeding 1.0 square metre in area and relating to forestry
operations or the location of logging operations conducted on the
land;
(e)
on land used for mining or quarrying operation, a single notice
board not exceeding 1.0 square metre in area relating to the
operation conducted on the land;
Town of Carbonear Development Regulations 2025
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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;
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;
(i)
signs placed by candidates for federal, provincial, municipal, or
school board elections and meeting the requirements of
Regulation 5.13;
a)
sandwich board signs meeting the requirements of Regulation
5.15;
(k)
civic addressing signs;
(I)
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;
(o)
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;
(q)
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.
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5.9
Prohibited Signs
5.9.1
Notwithstanding any other sections of these Regulations, the following
signs are not permitted in the Planning Area:
(a)
Signs not erected by a public authority that make use of words
such as "STOP", "LOOK", "ONE WAY", "DANGER", "YIELD" or
other similar words, phrases, symbols, lights, or characters
displayed in such manner as to interfere with, mislead, or confuse
traffic along a public road.
(b)
Vehicle signs.
(c)
Signs that obstruct the vision of drivers or the effectiveness of any
traffic control device.
(d)
Signs painted on, attached to, or supported by trees, natural stone
formations, cliffs, or other natural features.
(e)
Signs painted on, attached to, or supported by utility poles.
(f)
Roof signs.
(g)
Flashing signs.
(h)
Billboard signs.
5.10
Off-site Directional Signs
5.10.1 Off-site directional signs, intended to direct traffic to a commercial or
industrial site or use, shall not be permitted unless they are part of an off-
site directional sign that has been approved under the Provincial Highway
Sign Regulations, 1999.
5.10.2 Off-site directional signs related to a non-profit or municipally sponsored
event, which direct traffic to a community facility, may be permitted
provided:
(a)
only one sign is erected per street frontage;
(b)
the sign is only erected for the duration of the event; and
(c)
the sign area of each sign does not exceed 1.0 square metres.
5.11
Signs for Non-conforming Uses
5.11.1 Notwithstanding the provisions of Regulation 5.1, a permit may be issued
for the erection or display of a sign for a non-conforming use, provided
the sign does not exceed the size and type of sign that could be
permitted if the development was in a use zone appropriate to its use,
and subject to any other conditions deemed appropriate by the Authority.
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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.
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5.14
Real Estate Signs
5.14.1 Real estate signs shall be subject to the following conditions:
(a)
No real estate sign shall be affixed to any utility pole or municipal
building, structure, or sign.
(b)
No real estate sign shall be erected or placed on publicly owned
land without the permission of the property owner.
(c)
There shall be a limit of one double-faced sign per property for
every 30 metres of lot frontage.
(d)
A corner lot may carry two double-faced signs, one sign for each
street.
(e)
Portable real estate open house signs shall also be permitted
provided their placement does not obstruct vehicular or pedestrian
movement, and the duration of such placement is limited to the
time of the actual open house.
(f)
A real estate sign marking that the property is "sold" may appear
for a limit of two weeks from the date of the closing of the
transaction.
5.15
Sandwich Board Sign
5.15.1 Sandwich board signs shall meet the following conditions:
(a)
The sign shall have a maximum of two sign faces, no greater than
0.55 square metres in area each.
(b)
The sign shall not exceed a height of 1.0 metre.
(c)
The sign shall be located a minimum of 3.0 metres from any
driveway access.
(d)
Signs placed on a sidewalk shall maintain an unobstructed
sidewalk width of at least 1.5 metres.
(e)
Signs shall only be placed outside during business hours and
taken inside at other times.
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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
Board
Sign
Porta.
Signs
Project.
Signs
Wall
Signs
Residential Zones
- Home Occupation
- Multi-unit Dwelling
- Commercial Use
- Other Uses
-
P
P
-
-
-
-
-
P
P
P
-
-
-
-
-
-
-
-
-
-
-
-
-
-
P
P
-
Commercial General
P
P
P
P
P
P
P
Commercial Highway
P
P
P
P
P
P
P
Heritage Area
P
-
P
-
P
P
Industrial Light
P
P
P
-
P
P
P
Industrial General
P
P
P
-
P
P
P
Industrial Ocean Related
P
P
P
-
P
P
P
Public Buildings
P
P
P
-
P
P
P
Recreation Open Space
P
-
P
-
P
-
P
Conservation
-
-
-
-
-
-
Rural
P
-
P
-
P
P
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.
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5.18
Changeable Message Sign
5.18.1 A changeable message sign that is placed within a ground sign or within
a wall sign shall meet the following conditions:
(a)
The changeable message sign face shall:
i) have a maximum illumination level of 1,000 lumens;
ii) have an instantaneous transition from one image or format to
the next, without transitions that include scrolling, sliding, or
rolling;
iii) have a minimum image display time of 8 seconds;
iv) be shielded to reduce glare in a manner acceptable to the
Authority;
v) have a positive contrast orientation;
vi) not have animation, flashing, strobe, intermittent, or moving
lights;
vii) not have lights in a colour or combination of colours which, in
the opinion of the Authority, may be misinterpreted as an
emergency/warning device or vehicle or other traffic control
device;
viii)be turned off between midnight and 6:00am;
ix) display a black screen in the event of an error;
x) be automatically adjustable so that it does not increase the
light levels (illuminance) adjacent to the changeable message
sign by more than 3.0 lux above the ambient light level; and
xi) shall be located in such a manner that it is withing the
background of an existing or proposed traffic control signal
when viewed from the approaching driving lane.
(b)
A changeable message sign that is part of a ground sign or a wall
sign shall:
i) be located on a lot that has a minimum frontage of 30 metres;
ii) have no more than two faces, each of which shall not exceed
an area of 7.0 square metres;
iii) have a maximum height from the established grade to the top
of the sign of 8.0 metres;
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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;
vii) not interfere or obstruct access to or from a lot or create a
visual obstruction to the travelling public;
viii) 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 m2 for a home occupation
48 m2 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
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5.20
Menu Board Signs
5.20.1 Menu board signs, where permitted, shall be subject to the following
standards:
Standard
Sign Face Area (maximum)
4.1 m2 for menu board
2.0 m2 for pre-menu board
Height (maximum)
3.0 m
Number permitted
1 pre-menu board and 1 menu board per drive-through aisle
5.21
Portable Signs
5.21.1 Portable signs, where permitted, shall be subject to the following
conditions:
(a)
The portable sign shall meet the following standards:
Standard
Sign Face Area (maximum)
2 sign faces each not more than 9.0 m2
Height (maximum)
3.0 m
Setback (minimum)
1.5 m from any lot line, outside of the sight triangle on corner lots.
Number permitted
1 per 50 metres of frontage or part thereof, to a maximum of 3
portable signs per lot.
(b)
The sign must be located on the property on which the business is
located and shall only display advertising for that business.
(c)
A home-based business is not permitted to have a portable sign.
(d)
Portable signs are not permitted on vacant property or on a road
allowance.
(e)
The sign shall not interfere or obstruct access to or from a lot.
(f)
The sign shall not be placed on a portion of a lot that abuts a
residential zone or existing residential lot.
The portable sign permit shall be valid for a period of 365 days (1
year) from the date of issue by the Authority. Upon expiration of
the sign permit, the sign is to be removed or a new sign application
submitted to the Authority and such permit may be renewed for
further periods of 180 day upon application and approval.
(h)
Every portable sign or advertisement shall display, the name and
phone number of the owner of the portable sign.
(g)
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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:
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
(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.
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PART 6
PARKING
6.1
Off Street Automobile Parking Requirements
6.1.1
The minimum number of automobile parking spaces provided--and the
minimum of those spaces for which a Level 2 EV charger is required--
for any building, structure, use, or occupancy that is erected, enlarged, or
established, shall conform to provisions of Table 6-1. Where a use class
is not listed no minimum automobile parking is required by the Authority:
Table 6-1: Minimum Automobile Parking Space Requirements
Use Class
1
Minimum Number of Required
Minimum Parking
Spaces Served by
Automobile Parking Spaces
(FA = floor area)
Level 2 EV Charging
Residential Use Classes
-
Boarding House Residential
1.0 space per sleeping unit
-
Double Dwelling
1.0 space per dwelling unit
-
Multi-unit Dwelling
1.25 spaces per dwelling unit
10%
Seasonal Residential
1.0 space
Single Dwelling
1.0 space
-
Non-residential Use Classes
Accommodations
1.0 space per guest room
25%
Amusement
1.0 space per 10.0 m2 FA
Animal Care
1.0 space per 28.0 m2 FA
-
Catering
1.0 space per 3 customers that can
be accommodated at one time
-
Childcare
1.0 space per 20.0 m2 FA
-
Club and Lodge
1.0 space per 20.0 m2 FA
-
Convenience Store
1.0 space per 28.0 m2 FA
-
Cultural and Civic
1.0 space per 50.0 m2 FA
2.0 spaces
Educational
Schools: 2.0 spaces per classroom
Further education: 1.0 spaces per
5 users (student, faculty, and staff)
2.0 spaces
Funeral Home
1.0 space per 10.0 m2 FA, not
including floor area dedicated to
crematoria
-
General Assembly
1.0 space per 10.0 m2 FA
-
General Services
1.0 space per 28.0 m2 FA
-
Indoor Assembly
1.0 space per 10 spectators that
can be accommodated at one time
2.0 spaces
Kennel
3.0 spaces
-
Medical Clinics
1.0 space per 28.0 m2 FA
-
Office and Professional
1.0 space per 28.0 m2 FA
-
Personal Services
1.0 space per 28.0 m2 FA
-
Place of Worship
1.0 space for every 5 seats
-
Service Station
1.0 space per 20.0 m2 FA
-
Shop
1.0 space per 28.0 m2 FA
5%
Shopping Centre
1.0 space per 20.0 m2 FA
5%
Take-out Food Service
1.0 space per 20.0 m2 FA
-
Theatre
1.0 space for every 5 seats
-
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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.
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6.2.5
The parking facilities required by this Regulation shall, except in the case
of single or double dwellings, be arranged so that it is not necessary for any
vehicle to reverse onto or from a street.
6.2.6
Where, in these Regulations, parking facilities for more than four vehicles
are required or permitted:
(a)
parking space shall mean an area of land, not less than 15.0 square
metres in size, capable of being used for the parking of a vehicle
without the need to move other vehicles on adjacent areas;
(b)
the parking area shall be constructed and maintained to the
specifications of the Authority;
(c)
the lights used for illumination of the parking area shall be so
arranged as to divert the light away from adjacent development;
(d)
a structure, not more than 3.0 metres in height and more than 5.0
square metres in area may be erected in the parking area for the
use of attendants in the area;
(e)
except in zones in which a service station is a permitted use, no
gasoline pump or other service station equipment shall be located
or maintained on a parking area;
no part of any off-street parking area shall be closer than 1.5
metres to the front lot line in any zone;
access to parking areas in non-residential zones shall not be by
way of residential zones; and
(h)
where a parking area in a non-residential zone abuts a residential
zone, a natural or structural visual barrier at least 1.0 metres in
height shall be erected and maintained along the border of the
parking area abutting the residential zone.
(f)
(g)
6.3
Bicycle Parking Instead of Automobile Parking Spaces
6.3.1
The minimum number of automobile parking spaces required for a use,
as outlined in Regulation 6.1, may be reduced by one (1) for every four
(4) bicycle parking spaces provided meeting the requirements of
Subsection 6.3.3. This substitution shall not apply to any residential
dwelling with fewer than 10 dwelling units.
6.3.2
The maximum reduction of automobile parking spaces provided by
Subsection 6.3.1 shall be limited to four (4) automobile parking spaces.
6.3.3
Bicycle parking spaces provided for the purposes of Subsection 6.3.1
shall:
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(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;
(g)
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.
Town of Carbonear Development Regulations 2025
43
PART 7
SUBDIVISION OF LAND
7.1
Permit Required
7.1.1
No land in the Planning Area shall be subdivided unless a permit for the
development of the subdivision is first obtained from the Authority.
7.2
Development Agreement
7.2.1
As a condition of approval for new developments that involve the
construction of streets, sewers, or water lines, the Authority shall require
a developer to enter into an agreement with the Town. Such agreements
shall be negotiated between the developer and the Town for financing
and development of services provided to the site. The agreement shall
include specifications for water and sewer infrastructure; storm drainage;
streets; sidewalks; open space; as well as school bus stops and
neighbourhood mailboxes, where required.
7.3
Services to be Provided
7.3.1
No permit shall be issued for the development of a subdivision unless
provisions satisfactory to the Authority have been made in the application
for a supply of drinking water, a properly designed sewage disposal
system, and a properly designed storm drainage system.
7.4
Payment of Service Levies and Other Charges
7.4.1
No permit shall be issued for the development of a subdivision until
agreement has been reached for the payment of all fees levied by the
Authority for connection to services, utilities, and streets deemed
necessary for the proper development of the subdivision, and all service
levies and other charges imposed under Regulations 2.16 and 2.17.
7.5
Issue of Permit Subject to Considerations
7.5.1
A permit shall not be issued when, in the opinion of the Authority, the
development of a subdivision does not contribute to the orderly growth of
the Town and does not demonstrate sound design principles. In
considering an application, the Authority shall, without limiting the
generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services,
and utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
Town of Carbonear Development Regulations 2025
44
(d)
the land use, physical form, and character of adjacent
developments;
(e)
the transportation network and traffic densities affecting the site;
(f)
the relationship of the project to existing or potential sources of
nuisance;
(g)
soil and subsoil characteristics;
(h)
the topography of the site and its drainage;
(i)
natural features such as lakes, streams, topsoil, trees, and shrubs;
(j)
prevailing winds;
(k)
visual quality;
(I)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
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.
Town of Carbonear Development Regulations 2025
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7.10
Public Open Space Dedication
7.10.1 Consistent with Section 37 of the Act, before a development commences,
the developer shall dedicate to the Authority, at no cost to the Authority,
an area of useable land equivalent to 10% of the gross area of the
subdivision for public open space.
7.10.2 For the purpose of Subsection 7.10.1, "useable land" means land that:
(a)
has at least 6.0 metres of frontage on a public street, or, where no
frontage exists, connects to existing public lands;
(b)
is not subject to any easement for electrical power transmission
lines;
(c)
is certified, in a form acceptable to the Authority, as being free of
all encumbrances; and
(d)
contains characteristics that provide public amenity, including, but
not limited to:
i) lands suitable for walking or hiking;
ii) lands suitable for public parks and playgrounds;
iii) traditional coastal access points;
iv) beaches suitable for public swimming;
v) vehicular access to navigable waters, suitable for boat
launching and retrieval; or,
vi) land containing structures or building of significant historical
value to the community and usable for public purposes.
7.10.3 Notwithstanding Subsection 7.10.1, a public open space dedication shall
not be required for:
(a)
Lot consolidations.
(b)
Boundary adjustments between two lots where the total area of the
two lots does not change.
(c)
Subdivision of lands owned by a public body.
7.10.4 Consistent with Section 37 of the Act, the Authority may accept payment
of a sum of money in lieu of such area of areas of land, equal to the value
of the land which would otherwise be required to be dedicated. For
greater clarity, the value of land shall be calculated according to the
following formula:
Town of Carbonear Development Regulations 2025
46
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.
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7.12
Subdivision Design Standards
7.12.1 No permit shall be issued for the development of a subdivision under
these Regulations unless the design of the subdivision conforms to the
following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
No cul-de-sac shall be located so as to appear to terminate a
collector street.
(c)
New subdivisions shall have street connections with an existing
street or streets.
(d)
All street intersections shall be constructed within 5° of a right
angle and this alignment shall be maintained for 30 metres from
the intersection.
(e)
No street intersection shall be closer than 60 metres to any other
street intersection.
(f)
(g)
No more than four streets shall join at any street intersection.
No residential street block shall be longer than 490 metres
between street intersections.
(h)
Streets in residential subdivisions shall be designed in accordance
with the approved standards of the Authority, but in the absence of
such standards, shall conform to the following minimum standards:
Type of Street
Street
Reservation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Major Arterial Streets
45 m
15 m
2.0 m
2
Minor Arterial Streets
30 m
15 m
2.0 m
2
Major Collector Streets
20 m
15 m
2.0 m
2
Minor Collector Streets
15 m
9 m
2.0 m
2
Local Residential Streets
15 m
9 m
1.5 m
2
Service Streets
15 m
9 m
1.5 m
discretion of
Council
(i)
U)
No lot intended for residential purposes shall have a depth
exceeding four times the frontage.
Residential lots shall not be permitted which abut a local street at
both front and rear lot lines.
(k)
The Authority may require any existing natural, historical, or
architectural feature or part thereof to be retained when a
subdivision is developed.
Town of Carbonear Development Regulations 2025
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(I)
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.
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7.15
Developer to Pay Engineer's Fees and Charges
7.15.1 The developer shall pay to the Authority all the Engineer's fees and
charges for the preparation of designs and specifications and for the
layout and supervision of construction; such fees and charges being
percentages of the total cost of materials and labour for the construction
and installation of all works calculated in accordance with the Schedule of
Fees recommended by the Association of Professional Engineers of
Newfoundland and in effect at the time the work is carried out.
7.16
Street Works May Be Deferred
7.16.1 The construction and installation of all curbs and gutters, catch basins,
sidewalks and paving specified by the Authority as being necessary, may,
at the Authority's discretion, be deferred until a later stage of the work on
the development of the subdivision but the developer shall deposit with
the Authority before approval of his application, an amount estimated by
the Engineer as reasonably sufficient to cover the cost of construction
and installation of the works.
7.16.2 In the later stage of the work of development, the Authority shall call for
tenders for the work of construction and installation of the works, and the
amount so deposited by the developer shall be applied towards payment
of the contract cost. If the contract cost exceeds the deposit, the developer
shall pay to the Authority the amount of the excess. If the contract price is
less than the deposit, the Authority shall refund the amount by which the
deposit exceeds the contract price.
7.16.3 Any amount so deposited with the Authority by the developer shall be
placed in a separate savings account in a bank and all interest earned
thereon shall be credited to the developer.
7.17
Transfer of Streets and Utilities to Authority
7.17.1 The developer shall, following the approval of the subdivision of land and
upon request of the Authority, transfer to the Authority, at no cost to the
Authority, and clear of all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided which
are approved and designated by the Authority for public uses as
streets, or other rights-of-way, or for other public use;
(b)
all services or public works including streets, water supply and
distribution, and sanitary and storm drainage systems installed in
the subdivision that are normally owned and operated by the
Authority.
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50
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.
Town of Carbonear Development Regulations 2025
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PART 8
USE ZONES & PERMITTED USES
8.1
Use Zones
8.1.1
For the purpose of these Regulations, the Planning Area is divided into
the following use zones, the boundaries of which are shown on Schedule
'C', the Zoning Map, attached to and forming part of these Regulations.
Such use zones may be referred to by the appropriate symbols:
Table 8-1: Use Zone Names and Symbols
Residential Use Zone Name
Residential Low Density
Zone Symbol
RLD
Residential Medium Density
RMD
Residential Higher Density
RHD
Residential Rural
RR
Residential Large Lot
RLL
Residential Seasonal
RS
Non-Residential Use Zone Name
Zone Symbol
Commercial General
CG
Commercial Highway
CH
Heritage Area
HA
Industrial Light
IL
Industrial General
IG
Industrial Ocean Related
IOR
Public Buildings
PB
Recreation Open Space
ROS
Conservation
CON
Rural
RUR
Mineral Workings
MW
Watershed
W
8.1.2
In addition to 8.1.1, these Regulations contains the following overlay
zones, shown on the attached Schedule 'D', which implement additional
requirements beyond those created by the underlying zoning:
Table 8-2: Overlay Zones
Overlay Zone Name
Floodwa Overla Zone
Floodwa Frin se Overla Zone
Town of Carbonear Development Regulations 2025
52
8.2
Delineation of Use Zone Boundaries
8.2.1
Boundaries between use zones shall be determined as follows:
(f)
where a zone boundary is indicated as following a survey line, the
boundary shall follow that line;
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;
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;
where the zone boundary is indicated as approximately following
lot lines, the boundary shall follow the lot lines;
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
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'.
Town of Carbonear Development Regulations 2025
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8.4
Permitted and Discretionary Uses
8.4.1
Permission for use classes in each use zone shall be as outlined in Table
8-3 and Table 8-4, subject to the following scheme:
(a)
Use classes denoted with a "P" shall be permitted in that use zone
subject to all requirements of these Regulations.
(b)
Use classes denoted with a "PC" shall be permitted in that use
zone subject to all requirements of these Regulations, including
any use-specific provisions of Regulations 8.5 through 8.15.
(c)
Use classes denoted with a "D" are discretionary use classes and
may be permitted in that use zone if the Authority is satisfied that
the development would not be contrary to the general intent and
purpose of these Regulations, the Municipal Plan, specific
provisions outlined in Part 9 or any further scheme or plan or
regulation pursuant thereto, and to the public interest, and if the
Authority has given notice of the application in accordance with
Regulation 2.5 and has considered any objections or
representations which may have been received on the matter.
(d)
Uses classes denoted with a "-" or not listed in the table shall not
be permitted in that use zone.
Table 8-3: Use Classes in Residential Zones
Residential Use Classes
RLD
RMD
RHD
RR
RLL
RS
Accessory Dwelling
>
81.0 m2 or less floor area
>
More than 81.0 m2 floor area
PC
D
PC
D
PC
D
PC
D
PC
D
-
-
Boarding House Residential
D
D
D
D
D
Collective Residential
-
D
P
-
-
-
Double Dwelling
P
P
P
P
D
-
Multi-unit Dwelling
>
3 dwelling units on a lot
>
4-20 dwelling units on a lot
>
20+ dwelling units on a lot
-
-
-
P
D
D
P
P
D
-
-
-
-
-
-
-
-
-
Row Dwelling
-
P
P
-
-
-
Seasonal Residential
-
-
-
-
P
Single Dwelling
P
P
P
P
P
Non-residential Use Classes
RLD
RMD.
RHD
RR
RLL
RS
Accommodations
-
D
-
-
-
Animal Care
-
-
-
P
-
-
Agriculture Related
-
-
-
P
-
-
Antenna
D
D
D
D
D
D
Childcare
D
D
P
-
D
-
Community Garden
P
P
P
P
P
P
Conservation
P
P
P
P
P
P
Educational -- Limited to Elementary Schools
-
D
D
-
-
Home Occupation
>
Level 1
>
Level 2
PC
D
PC
D
PC
D
PC
D
PC
D
-
-
Personal Services
-
-
P
-
-
Place of Worship
-
D
D
-
-
-
Recreational Open Space
P
P
P
P
P
P
Special Care Institutions
-
P
P
-
-
-
Town of Carbonear Development Regulations 2025
54
Table 8-4: Use Classes in Non-residential Zones
Residential Use Classes
, CG
CH
HA=
IL
IQ , IIOR- , PB
ROS
CON
RUR
MW
W
Boarding House Residential
-
-
PC
-
-
-
-
-
-
-
Collective Residential
-
-
-
-
-
-
P
-
-
-
-
-
Double Dwelling
-
-
PC
-
-
-
-
-
-
-
-
-
Multi-unit Dwelling
PC
-
PC
-
-
-
-
-
-
-
-
Seasonal Residential
-
-
-
-
-
-
-
-
-
-
-
D
Single Dwelling
-
-
PC
-
-
-
-
-
PC
-
-
Non-residdntial Use Classes
CG -'CH
HA
IL
IG
IOR
PB
ROS
CON
RUR
MW
W
Accommodations
P
P
P
-
-
-
-
-
-
Agriculture Related
-
-
-
-
-
-
-
-
PC
-
D
Amusement
P
-
P
-
-
-
-
-
-
-
-
-
Animal Care
P
-
P
P
D
-
-
-
P
-
-
Antenna
D
D
D
D
D
D
D
-
D
D
D
Catering
P
P
P
-
D
PC
-
-
-
-
-
Cemetery
-
-
-
-
-
-
-
-
D
-
-
Childcare
P
-
P
D
-
-
PC
D
-
-
-
-
Club and Lodge
P
-
P
-
-
P
-
-
-
-
-
Communications
P
-
P
P
-
-
D
-
-
-
-
-
Community Garden
P
P
P
P
-
-
P
P
-
P
-
-
Conservation
P
P
P
P
P
P
P
P
P
P
P
P
Convenience Store
P
P
P
-
-
-
PC
-
-
-
-
-
Craft Beverage Production
P
P
P
P
P
-
-
-
-
-
-
Cultural and Civic
P
-
P
-
-
P
D
-
-
-
-
Educational
P
D
D
-
-
P
-
-
-
-
-
Forestry
-
-
-
-
-
-
-
P
-
D
Funeral Home
P
P
P
-
D
-
-
-
-
-
General Assembly
P
-
P
-
-
P
-
-
-
-
-
General Industry
D
-
-
D
P
-
-
-
PC
PC
-
General Services
P
D
P
D
-
-
PC
-
-
-
-
-
Hazardous Industry
-
-
-
D
D
-
-
-
-
D
-
Indoor Assembly
D
-
-
-
-
-
P
D
-
-
-
-
Indoor Market
P
-
P
-
D
D
-
-
-
-
-
Kennel
D
-
-
P
D
-
-
-
P
-
-
Light Industry
D
-
P
P
-
-
-
-
-
-
-
Marine Industry
-
-
D
-
P
P
-
-
-
-
-
Medical Treatment Institutions
-
-
-
-
P
-
-
-
-
-
Medical Clinics
P
-
P
D
-
-
PC
-
-
-
-
-
Mineral Exploration
P
P
-
P
P
P
P
-
D
P
P
-
Mineral Working
-
-
-
-
-
-
D
PC
-
Mining
-
-
-
-
-
-
-
-
-
D
PC
-
Office and Professional
P
D
P
D
-
-
PC
-
-
-
-
-
Outdoor Assembly
D
D
-
-
-
D
-
D
-
-
Outdoor Market
P
D
P
-
-
D
-
-
-
D
-
-
Passenger Assembly
P
P
D
D
P
-
-
-
-
-
-
Penal and Correctional
-
-
-
-
-
D
-
-
-
-
-
Personal Services
P
P
P
D
-
-
PC
-
-
-
-
-
Place of Worship
P
-
P
-
-
P
-
-
-
-
-
Police Station
P
P
D
-
-
-
-
-
-
-
Recreational Open Space
P
P
D
P
P
-
P
P
D
P
-
D
Scrap Yard
-
-
-
-
D
-
-
-
-
D
-
-
Service Station
PC
PC
-
PC
PC
-
-
-
-
-
-
-
Shop
P
P
P
D
D
-
-
-
-
-
-
-
Shopping Centre
P
-
-
-
-
-
-
-
-
-
Solar Collector, Large-scale
P
-
-
-
-
-
-
-
-
P
P
-
Solid Waste
-
-
-
-
D
-
-
-
-
D
D
-
Special Care Institutions
-
-
-
-
-
-
P
-
-
-
-
-
Take-out Food Service
P
P
P
P
-
-
-
D
-
-
-
-
Taxi Stand
P
P
-
P
-
-
-
-
-
-
-
-
Theatre
P
-
-
-
D
-
-
-
-
-
Transportation
-
-
D
-
P
P
-
-
-
P
-
-
Wind Turbine
-
-
-
-
-
-
-
PC
PC
-
Town of Carbonear Development Regulations 2025
55
8.5
Accessory Dwelling Conditions
8.5.1
Accessory dwellings, where permitted, shall meet the following
requirements:
(a)
Only one (1) accessory dwelling shall be permitted on a lot.
(b)
If the accessory dwelling is in a separate building from the main
dwelling:
i) the accessory dwelling shall be subject to the use zone height
requirements for accessory buildings and all other use zone
requirements for main buildings;
ii) the accessory dwelling shall be located in the side yard or rear
yard; and
iii) windows and other perforations shall not be located on any
elevations closer than 1.2 metres from any adjacent lot.
The floor area of the accessory dwelling shall not exceed 81.0
square metres or the floor area of the main dwelling, whichever is
less. This shall not apply for accessory dwellings considered as
discretionary uses.
(d)
Accessory dwellings shall not be used as accommodations uses.
(C)
8.6
Agriculture Related Use Conditions
8.6.1
Agriculture related uses, where permitted, involving structures designed
to house more livestock than permitted by Regulation 4.4 shall meet the
following requirements:
(a)
The animal housing structure(s) shall be at least 600 metres from
residential zones and from existing dwellings except for dwellings
located on properties with an agricultural use or for dwellings that
are a non-conforming use in the use zone in which the animal
housing structure is proposed.
(b)
The animal housing structure(s) shall be set back a minimum of 60
metres from all property lines.
(c)
The animal housing structure(s) shall be set back a minimum of 90
metres from the centre line of all streets.
(d)
The erection of the structure shall be approved by the Department
of Fisheries, Forestry and Agriculture and the Department of
Environment and Climate Change.
Town of Carbonear Development Regulations 2025
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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:
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 Floor 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.
8.7.2
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.
Town of Carbonear Development Regulations 2025
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8.8
Conditional Uses in the Public Buildings Zone
8.8.1
Within the Public Buildings Zone, standalone buildings containing the
office and professional use class shall be restricted to office buildings
intended to accommodate governmental, public utility, banking, or similar
regionally significant services.
8.8.2
Within the Public Buildings Zone, the following use classes shall only be
permitted when located within the building of a non-conditional permitted
use class:
(a)
Catering
(b)
Childcare
(c)
Convenience store
(d)
General service
(e)
Medical clinics
(f)
Office and professional (not otherwise permitted by 8.8.1)
(g)
Personal service
8.9
General Industry Conditions
8.9.1
General industry uses in the Rural Use Zone shall be restricted to
maintenance and repair of equipment; processing and storage related to
agriculture, forestry, or mineral working uses; or other such uses as the
Authority may determine to be compatible with the rural environment.
8.9.2
General industry uses in the Mineral Working Zone shall be restricted to
maintenance and repair of equipment, or the development of such other
resource based industry as the Authority may determine to be compatible
with mineral working or exploration.
Town of Carbonear Development Regulations 2025
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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:
Feature from which separation is required
Minimum separation
distance
Existing of prop40 residential development
Public highway or street
Prote.c.t0 Road
Water body or watercourse
Any other developer area or area likely to lie
1150 metres
develbped during the life of the mineral Wotiting
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.
00 rnetreS
50 metres
90 metres
50 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 30-
metres-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;
Town of Carbonear Development Regulations 2025
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(b)
where no tree screens exist of sufficient width and density to
constitute a visual screen, earthen berms shall be constructed to a
height sufficient to prevent visibility of any part of the mineral
working or mine from adjacent uses (excepting forestry and
agriculture), or adjacent public highways and streets. The berms
shall be landscaped to the Authority's satisfaction;
(c)
where natural topography creates a visual screen between mineral
workings or mines and adjacent public highways and streets or
other land uses (excepting forestry and agriculture), additional
screening may, at the Authority's discretion, not be required; and
(d)
where effective screening for any mineral working or mine or
associated processing or manufacturing use cannot be installed or
located as required in (a) - (c) above, the Authority may refuse to
permit the use or associated activity.
Fencing
8.10.5 The Authority may require the mineral working site or mine or excavated
areas of a pit or quarry working to be enclosed by a fence designed and
constructed to its specifications and no less than 1.8 metres in height.
Water Pollution
8.10.6 Mineral workings or mines or associated storm or sanitary drainage shall
not unacceptably reduce the quality of water in any water body or
watercourse. Any access road to a pit or quarry working which crosses a
brook or stream shall have bridges or culverts at the crossing in
accordance with the regulations of the Department of Environment and
Climate Change.
Erosion Control
8.10.7 No mineral working or mine shall be carried out in a manner so as to
cause erosion of adjacent land.
Site Maintenance
8.10.8 The mineral working or mine shall be kept clean of refuse, abandoned
vehicles and equipment, and any derelict buildings.
Access Roads
8.10.9 During extended periods of shutdown, access roads to a mineral working
or mine shall be ditched or barred to the satisfaction of the Authority.
Town of Carbonear Development Regulations 2025
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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;
(c)
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.
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8.12
Residential Uses in the Heritage Area Use Zone Conditions
8.12.1 New residential uses within the Heritage Area Use Zone on properties
fronting on Water Street west of Bond Street shall not be located on the
ground floor.
8.12.2 Notwithstanding 8.12.1, entrances, lobbies, amenity spaces (such as
gyms), and mail rooms for residential use shall be permitted on the
ground floor.
8.12.3 Notwithstanding 8.12.1, existing residential uses on the ground floor shall
be considered conforming uses and shall be permitted to expand, subject
to all applicable Regulations.
8.13
Service Station Conditions
8.13.1 Service stations, where permitted, shall be subject to the following
conditions:
(a)
All gasoline pumps shall be located on pump islands designed for
such purpose, and to which automobiles may gain access from
either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot
line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly
marked.
(d)
Where a service station is located on a corner lot, the minimum
distance between an access and the intersection of street lines at
the junction shall be 10 metres and the lot line between entrances
shall be clearly indicated.
8.14
Single Dwelling Conditions
8.14.1 Single dwellings in the Rural Use Zone shall only be permitted as an
accessory use required in support of a commercial agricultural operation
which has been in existence for a minimum of two (2) years and where
the owner derives a minimum of 50% of their annual gross income from
the agricultural operation.
Town of Carbonear Development Regulations 2025
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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:
Feature from which separation is required
Minimum separation distance
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 external to the wind
energy project
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
(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.
Town of Carbonear Development Regulations 2025
63
PART 9
DISCRETIONARY CONSIDERATIONS
9.1.1
In addition to general considerations for all discretionary uses, the
Authority shall consider the use-specific provisions of this Regulation
where applicable.
9.2
Accessory Dwellings
9.2.1
In considering accessory dwellings as a discretionary use, the Authority
shall ensure the use meets of conditions of Regulation 8.5 except as they
relate to floor area.
9.3
Accommodations
9.3.1
Accommodations in the Residential Medium Density Zone shall be limited
to Crockers Cove Point. In considering an accommodations use in this
location, the Authority shall ensure:
(a)
buildings are designed and placed on the site to blend into the
natural surroundings, considering the landscape, topography,
visibility of the site from the Town and from Conception Bay, and
with a minimum building line setback from the front lot line of 15
metres;
(b)
building height is limited to 10 metres unless the proponent
provides visual impact assessment, prepared at their expense,
showing how the proposed building will appear on the site and
from surrounding vantage points;
(c)
the site is designed to minimize hard surface areas such as
parking lots;
(d)
site features such as parking, lighting, dumpster and waste
disposal facilities, loading areas, decks, and related outdoor
amenity areas shall be designed, placed, and screened as
appropriate to minimize impact on the surrounding residential
areas with respect to noise, light, and visual amenity;
(e)
buildings are set back from the top of the cliff a minimum of 30
metres; and
an archaeological assessment is conducted in accordance with the
requirements of the Historic Resources Act and the Provincial
Archaeology Office.
(1)
Town of Carbonear Development Regulations 2025
64
9.4
Childcare
9.4.1
In considering childcare as a discretionary use, the Authority shall
ensure:
(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 II 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.
Town of Carbonear Development Regulations 2025
65
9.6
Home Occupation, Level 2
9.6.1
In considering Level 2 Home Occupations as a discretionary use, the
Authority shall ensure:
(a)
the activities operated as the home occupation are limited to:
i) Convenience Store;
ii) Light Industry, limited to Workshops;
iii) Animal Care
(b)
the overall residential nature of the property and the residential
amenity of the surrounding area are maintained through conditions
such as, but not limited to, standards for:
i) floor area of the home occupation;
ii) screening;
iii) location and size of parking area;
iv) location and size of solid waste storage; and
v) landscaping.
9.7
Marine Industrial Uses in the Heritage Area Use Zone
9.7.1
Marine industrial uses shall only be considered as a discretionary use in
the area between Water Street and the waterfront and will be restricted to
the conversion or extension of existing buildings for ocean-related use,
subject to safe vehicular access to the waterfront and adequate off-street
parking.
9.8
Mineral Workings in the Rural Use Zone
9.8.1
Mineral workings may be considered as a discretionary use in the Rural
Use Zone. Where such a use has been approved by the Authority, the
conditions of Regulation 8.10 shall apply.
9.9
Seasonal Residential in the Watershed Use Zone
9.9.1
Seasonal residential uses may be considered as a discretionary use in
the Watershed Use Zone, where:
(a)
the land was granted for recreational use prior to the site being
zoned as Watershed; and
(b)
the site is approved by the Department of Environment and
Climate Change.
Town of Carbonear Development Regulations 2025
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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 frontage (m) min.
7.5 / unit
15.0
Building line setback (m) min.
8.0
8.0
Side yard setback (m) min.
3.0
3.0
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 (m2) per
dwelling unit
110.0
110.0
Maximum floor area (m2) 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.
Town of Carbonear Development Regulations 2025
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10.2
Residential Medium Density (RMD) Use Zone Development Standards
10.2.1 Development in the Residential Medium Density (RMD) Use Zone shall
conform with the following standards:
Standard
Double
Dwelling
and Row
Dwelling
Multi-unit
Dwelling
All Other Permitted
and Discretionary
Uses
Lot area (m2) min.
225.0 / unit
450.0
450.0
Lot frontage (m) min.
6.0 / unit
12.0
12.0
Building line setback (m) min.
6.0
6.0
6.0
Side yard setback (m) min.
1.5
1.5
1.5
Rear yard setback (m) min.
>
Main buildings
8.0
8.0
8.0
>
Accessory buildings
1.5
1.5
1.5
Lot coverage (%) max.
>
Accessory buildings
10
10
10
>
Total (main + accessory)
40
40
40
Height (m) max.
>
Main buildings
10.0
10.0
10.0
>
1-story accessory
buildings
4.5
4.5
4.5
>
2-story accessory
buildings
6.1
6.1
6.1
Minimum floor area (m2) per
dwelling unit
65.0
40.0
65.0
Maximum floor area (m2) per
accessory building
81.0
81.0
81.0
Minimum Floor Area
10.2.2 Notwithstanding the minimum floor area per dwelling unit established in
10.2.1, the Authority may consider smaller floor areas per dwelling unit as
a discretionary use.
Municipal Service Requirement
10.2.3 Development within the Residential Medium Density (RMD) Use Zone is
conditional upon municipal water, sewer, and street services being
directly available to sites proposed for development.
Backlot Development
10.2.4 Where vacant parcels in the Residential Medium Density (RMD) Use
Zone existing on December 24, 2004 have access to a public street and
meet the lot area requirements of 10.2.1, but do not have the required
frontage on a publicly maintained street, they may be developed provided
the following conditions are met:
(a)
only single dwellings shall be permitted;
Town of Carbonear Development Regulations 2025
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(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.
(i)
Town of Carbonear Development Regulations 2025
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10.3
Residential Higher Density (RHD) Use Zone Development Standards
10.3.1 Development in the Residential Higher Density (RHD) Use Zone shall
conform with the following standards:
Standard
Double
Multi-unit Dwelling
All Other Permitted
Dwelling and
with > 3 units on a
lot
and Discretionary
Row Dwelling
Uses
Lot area (m2) min.
225.0 / unit
900.0
450.0
Lot frontage (m) min.
6.0 / unit
12.0
12.0
Building line setback (m) min.
6.0
6.0
6.0
Side yard setback (m) min.
1.5
3.0
1.5
Rear yard setback (m) min.
Main buildings
8.0
10.0
8.0
>
Accessory buildings
1.5
1.5
1.5
Lot coverage (1)/0) max.
Accessory buildings
10
10
10
Total (main + accessory)
40
40
40
Height (m) max.
>
Main buildings
10.0
12.5
10.0
>
1-story accessory
buildings
4.5
4.5
4.5
>
2-story accessory
buildings
6.1
6.1
6.1
Minimum floor area (m2) per
dwelling unit
40.0
40.0
40.0
Maximum floor area (m2) per
accessory building
81.0
81.0
81.0
Fox Farm Residential Area
10.3.2 Within the Residential High Density (RHD) Use Zone area identified as
"Fox Farm Residential Area" on Schedule 'B', development shall only be
undertaken in conformance with a development agreement or
development agreements negotiated in compliance with Regulation 7.2
and specifically requiring:
(a)
the upgrading of Fox Farm Road, at the developer's expense, to a
collector street standard as far as the western extent of the Fox
Farm Residential Area;
(b)
the installation of sidewalks on Merchant Drive, at the developer's
expense;
(c)
the extension of Merchant Drive, at the developer's expense, into
the Fox Farm Residential Area;
(d)
a new connector street, built to the local residential street standard
at the developer's expense, with full curb and gutter and sidewalks
on both sides to connect Fox Farm Road with the extension of
Merchant Drive;
Town of Carbonear Development Regulations 2025
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(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)
(g)
the installation, at the developer's expense, of sewer and water
service to specifications of the Town;
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.
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10.4
Residential Rural (RR) Use Zone Development Standards
10.4.1 Development in the Residential Rural (RR) Use Zone shall conform with
the following standards:
Standard
Lot area (m2) min.
All Permitted and
Discretionary Uses
on Lots Fronting on
Valley Road
See 10.4.2
All Permitted and
Discretionary Uses
on Lots Not Fronting
on Valley Road
See 10.4.2
Lot frontage (m) min.
30.0
30.0
Building line setback (m) min.
6.0
6.0
Building line setback (m) max.
N/A
32.0
Side yard setback (m) min.
1.5
1.5
Rear yard setback (m) min.
>
Main buildings
9.0
9.0
>
Accessory buildings
1.5
1.5
Lot coverage (%) max.
>
Accessory buildings
10
10
>
Total (main +
accessory)
33
33
Height (m) max.
>
Main buildings
9.0
9.0
>
Accessory buildings
6.1
6.1
10.4.2 Subject to the requirements of the Government Service Centre, minimum
lot sizes in the Rural Residential (RR) Use Zone shall be determined in
accordance with the water and sewer services available, as follows:
Municipal piped water supply and connection to a municipal
sewer or to a private sewer discharging directly to the sea
1,400 m2
Municipal piped water supply and sewage disposal by septic tank
and tile field
1,400 m2
Private well water supply and connection to a municipal sewer or
to a private sewer discharging directly to the sea
1,400 m2
Private well water supply and sewage disposal by septic tank
and tile field
1,860 m2
Groundwater Assessment
10.4.3 Within the Rural Residential (RR) Use Zone, an assessment of the quality
and quantity of groundwater shall be required in accordance with the
Provincial Policy on Groundwater Supply Assessment and Reporting
Guidelines for subdivisions serviced by individual private wells.
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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
Lot area (m2) min.
All Permitted and Discretionary
Uses
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 (m2) per dwelling unit
110.0
Maximum floor area (m2) 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.
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Groundwater Assessment
10.5.5 Within the Residential Large Lot (RLL) Use Zone, an assessment of the
quality and quantity of groundwater shall be required in accordance with
the Provincial Policy on Groundwater Supply Assessment and Reporting
Guidelines for subdivisions serviced by individual private wells.
10.6
Residential Seasonal (RS) Use Zone Development Standards
10.6.1 Development in the Residential Seasonal (RS) Use Zone shall conform
with the following standards:
All Permitted and
Standard
Discretionary Uses
Lot area (m2) min.
3,035.0
Lot frontage (m) min.
38.0
Building line setback (m) min.
8.0
Side yard setback (m) min.
3.0
Rear yard setback (nn) min.
>
Main buildings
10.0
>
Accessory buildings
3.0
Lot coverage (%) max.
>
Accessory buildings
10
>
Total (main + accessory)
25
Height (m) max.
>
Main buildings
9.0
>
Accessory buildings
6.1
Maximum floor area (m2) per accessory building
81.0
Subdivision
10.6.2 Development in the Residential Seasonal (RS) Use Zone shall only be
permitted in accordance with a plan of subdivision approved by the
Government Service Centre and the Water Resources Management
Division, Department of Environment and Climate Change.
10.6.3 Within the Residential Seasonal (RS) Use Zone, an assessment of the
quality and quantity of groundwater shall be required in accordance with
the Provincial Policy on Groundwater Supply Assessment and Reporting
Guidelines for subdivisions serviced by individual private wells.
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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
Lot area (m2) min.
All Permitted and Discretionary Uses
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.
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10.8
Commercial Highway (CH) Use Zone Development Standards
10.8.1 Development in the Commercial Highway (CH) Use Zone shall conform
with the following standards:
Standard
All Permitted and Discretionary Uses
Lot area (m2) 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.
100
Height (m) max.
>
Main buildings
10.0
>
Accessory buildings
10.0
Highway Access
10.8.2 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 Highway (CH) 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.
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76
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 (m2) 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.
Town of Carbonear Development Regulations 2025
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Form
10.10.4 The proportions of any new building shall be rectangular in plan for the
principal component.
10.10.5 Additive forms shall be permitted in the form of wings, ells, porches,
verandas, dormers, and projecting bays.
Finish and Materials
10.10.6 Except for chimneys and foundations, exterior cladding shall be:
(a)
wooden clapboard or cement board laid horizontally in narrow
courses of 8.5 centimetres to 11.5 centimetres;
(b)
stone; or
(c)
brick.
Foundations
10.10.7 New buildings shall not have large areas of exposed foundations.
Cladding shall be brought as close to grade as possible with a minimum
clearance of 15.24 centimetres above soil level. On slopping sites, a
foundation shall be stepped or slopped to enable cladding to be brought
as close as possible to grade with a minimum clearance of 15.24
centimetres above the soil level.
10.11
Additions and Renovations in the Heritage Area Use Zone
10.11.1 Additions or renovations to existing main buildings in the Heritage Area
(HA) Use Zone shall either meet the requirements of Regulation 10.10 or
be consistent with the existing building in terms of:
(a)
window shape and orientation; and
(b)
exterior cladding.
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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
Lot area (m2) min.
All Permitted and Discretionary Uses
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 (m2) 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.
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79
10.14
Industrial Ocean Related (IOR) Use Zone Development Standards
10.14.1 Development in the Industrial Ocean Related (IOR) Use Zone shall
conform with the following standards:
Standard
Lot area (m2) min.
All Permitted and Discretionary Uses
450.0
Lot frontage (m) min.
10.0
Building line setback (m) min.
As determined by the Authority
Side yard setback (m) min.
5.0
Rear yard setback (m) min.
>
Main buildings
10.0
>
Accessory buildings
10.0
Lot coverage (%) max.
50
Height (m) max.
>
Main buildings
20.0
>
Accessory buildings
15.0
Services
10.14.2 Industrial development shall not be permitted in the Industrial Ocean
Related (IOR) Use Zone unless adequate services and firefighting
capability designed to meet the needs of the proposed industrial use are
available.
Rear Yard Setback
10.14.3 The Authority may reduce the rear yard setback in the Industrial Ocean
Related (IOR) Use Zone to zero for portions of any development that
functionally depend on access to the coast, such as, but not limited to,
marine railroads, wharves, and jetties.
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80
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 (m2) 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 (m2) 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 (°/0) max.
10
Height (m) max.
>
Main buildings
10.0
>
Accessory buildings
6.1
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10.17
Conservation (CON) Use Zone Development Standards
10.17.1 Development in the Conservation (CON) Use Zone shall conform with the
following standards:
Standard
All Permitted and Discretionary Uses
Lot area (m2) 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 (/0) max.
10
Height (m) max.
>
Main buildings
10.0
>
Accessory buildings
10.0
10.18
Rural (RUR) Use Zone Development Standards
10.18.1 Development in the Rural (RUR) Use Zone shall conform with the
following standards:
Standard
Lot area (m2) min.
All Permitted and Discretionary Uses
As required by the Government Service
Centre
Lot frontage (m) min.
20.0
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.
25
Height (m) max.
>
Main buildings
15.0
>
Accessory buildings
15.0
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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
Lot area (m2) min.
All Permitted and Discretionary Uses
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
15.0
>
Accessory buildings
15.0
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 (m2) 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 (')/0) max.
10
Height (m) max.
>
Main buildings
10.0
>
Accessory buildings
10.0
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10.21
Floodway Overlay Zone Development Standards
10.21.1 Notwithstanding underlying zoning, development within the Floodway
(1:20 year flood levels) overlay, as identified on Schedule `D' shall be
restricted to:
(a)
Temporary alterations in a buffer zone, a designated floodway, or
the body of water itself.
(b)
Non-structural uses such as open space recreation, pasture, and
wildlife habitat enhancement.
(C)
Structures related to use of water resources such as wharves,
slipways, boathouses, pumping stations, storm or sewerage
discharges.
10.21.2 Development in the Floodway shall require the approval of the Water
Resources Division, Department of Environment and Climate Change.
10.22
Floodway Fringe Overlay Zone Development Standards
10.22.1 Development in the Floodway Fringe (1:100 year flood zone) overlay, as
identified on Schedule D', where enabled by the underlying zoning, shall
be limited to public utilities, roads, bridges, marine related uses, industrial
uses, commercial uses, and residential uses.
10.22.2 Development within the Floodway Fringe designation shall meet the
following conditions:
(a)
the ground floor elevation of the structure must be higher than the
1:100 year flood level;
(b)
the structure must not interfere with the flow of water or displace
water such that it creates a worse flooding situation for other
properties;
(c)
the structure and associated utilities must be designed and
constructed in accordance with approved flood proofing guidelines
of the Department of Environment and Conservation, and
entrances and exits from the building must be able to be safely
used without hindrance in the event of a flood; and
(d)
the proposed use of the facility and site must not involve any
storage of pollutants such as fuels, chemicals, pesticides, etc.
10.22.3 Development in the Floodway Fringe shall require the approval of the
Water Resources Division, Department of Environment and Climate
Change.
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PART 11 DEFINITIONS
Provincial
Reg. 4(a)
Provincial
Reg. 4(b)
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
/17
3.
Provincial
Reg. 4(c)
4.
"r7
Provincial
Reg. 2(a)
5.
6.
7.
(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.
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.
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.
ACT means, unless the context indicates otherwise, the Urban and Rural
Planning Act, 2000
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.
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".
Town of Carbonear Development Regulations 2025
85
9.
ADJUDICATOR means an adjudicator appointed under Section 40 of the Act.
Provincial
Reg. 2(b)
Urban and
Rural Planning
Act s2(c)
10.
APPLICANT means a person who has applied to an authority for an approval
or permit to carry out a development.
11.
BACKLOT DEVELOPMENT, sometimes known as "flag lot development",
means development on lots that do not meet the minimum lot frontage in the
use zone in which they are located and where the main body of the lot is
connected to the street by a narrow prolongation or "flagpole".
4,7
12.
BUILDING means
(a) a structure, erection, alteration, or improvement placed on, over, or under
land or attached, anchored, or moored to land;
(b) mobile structures, vehicles, and marine vessels adapted or constructed for
residential, commercial, industrial, and other similar uses;
(c) a part of and fixtures on buildings referred to in clauses (a) and (b); and
(d) an excavation of land whether or not that excavation is associated with the
intended or actual construction of a building or thing referred to in clauses
(a) to (c).
13.
BUILDING FACE means the total wall area
between the finished surface of the ground
and the eaves of building.
/0\
0
0
Town of Carbonear Development Regulations 2025
86
Provincial
Reg. 4(d)
14.
BUILDING HEIGHT means the vertical distance, measured in metres from the
established grade to the;
(a) highest point of the roof surface of a flat roof;
(b) deck line of a mansard roof;
(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.
2
Mansard
Ga61e. or Hip
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.
Gambrel
Ld A
L,1
L04 C
MEM
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.
Town of Carbonear Development Regulations 2025
87
gif
Urban and
Rural Planning
Act 52(g)
20.
DEVELOPMENT means the carrying out of building, engineering, mining, or
other operations in, on, over or under land, or the making of a material change
in the use, or the intensity of use of land, buildings, or premises and the
(a) making of an access onto a highway, road, or way;
(b) erection of an advertisement or sign;
(c) construction of a building; and
(d) parking of a trailer, or vehicle used for the sale of refreshments or
merchandise, or as an office, or for living accommodation;
but excludes the
(e) carrying out of works for the maintenance, improvement, or other
alteration of a building, being works which affect only the interior of the
building or which do not materially affect the external appearance or use
of the building;
(f) carrying out by a highway authority of works required for the maintenance
or improvement of a road, being works carried out on land within the
boundaries of the road reservation;
(g) carrying out by a local authority or statutory undertakers of works for the
purpose of inspecting, repairing or renewing sewers, mains, pipes,
cables, or other apparatus, including the breaking open of street or other
land for that purpose; and
(h) use of a building or land within the courtyard of a dwelling house for a
purpose incidental to the enjoyment of the dwelling house as a dwelling.
21.
DWELLING means a building or a part of a building occupied or capable of
being occupied as a home or residence by one or more persons, containing
one or more dwelling units, and shall include a modular home, mobile home, or
mini home but shall not include an accommodations use or recreational
vehicle.
a. ACCESSORY DWELLING means a subservient dwelling either located
within a single dwelling or a double dwelling or in a building on a lot with a
single dwelling or double dwelling, and for the purposes of the definition of
other dwellings shall not be counted towards the total number of dwellings
in a building or on a lot.
b. DOUBLE DWELLING means a dwelling divided horizontally or vertically
into two dwelling units.
c. GROUPED DWELLING means two or more dwellings, each containing
one or more dwelling unit, located on a lot.
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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
Provincial
Reg. 4(g)
(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.
A Lowes4 El(vclioh
B 14,ihes+ ElevA Finn
C Establ,st,ed Grade
c
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.
Town of Carbonear Development Regulations 2025
89
Provincial
Reg. 4(h)
27.
28.
29.
30.
31.
32.
33.
141
Urban and
34.
35.
Rural Planning
Act s2(i)
36.
37.
FLOOR AREA means the total area of all floors in a building measured to the
outside face of exterior walls.
FORESTRY means commercial silviculture and the production of timber or
pulp and uses associated with a forestry use, including sawmills, vehicle and
equipment storage, and maintenance buildings and yards.
GARAGE means building erected for the storage of motor vehicles as an
ancillary use to a main building on the lot.
GENERAL ASSEMBLY means the use of land or buildings for private
gathering spaces intended for entertainment or recreational purposes. This
includes auditoriums, bowling alleys, halls, and gymnasiums, but does not
include cultural and civic uses.
GENERAL INDUSTRY means the use of land or buildings for the purpose of
storing, assembling, altering, repairing, manufacturing, fabricating, packing,
canning, preparing, breaking up, demolishing, or treating any article,
commodity, or substance. "Industry" shall be construed accordingly.
HAZARDOUS INDUSTRY means use of land or buildings for industrial
purposes involving the use of materials or processes which because of their
inherent characteristics, constitute a special fire, explosion, radiation, or other
hazard.
HEIGHT means building height or,
where the structure is not a building
or has no roof, means the vertical
distance measured from established
grade to the highest point on the
structure.
SIGN
HOME OCCUPATION means an accessory use of a dwelling and/or
accessory building for gainful employment involving the provision or sale of
goods and/or services.
LAND means land covered by water and buildings and structures on, over, or
under the soil and fixtures that form part of those buildings and structures.
LEVEL 2 EV CHARGER means a device that supplies electricity from mains
to electrical vehicles and is capable of a continuous power output of at least
5.0 kilowatts for each potential vehicle connection to the device.
LIGHT INDUSTRY means the use of any land or buildings for any general
industrial use that can be carried out without hazard or intrusion and without
detriment to the amenity of the surrounding area by reason of noise, vibration,
smell, fumes, smoke, grit, soot, ash, dust, glare, or appearance.
Town of Carbonear Development Regulations 2025
90
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.
39.
Provincial
Reg. 4(j)
Jr,
Provincial
40.
41.
Reg. 4(k)
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.
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.
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.
LOT AREA means the total horizontal area within the lines of the lot.
0,,
Lot Are -=k.
7-04-0 / Horizon-1-yd _--
.1rect
the
Lot Lines
vl
\l /
Tr-or,I Lot Lire
r
0
Town of Carbonear Development Regulations 2025
91
Provincial
Reg. 4(k)
lli
Provincial
Reg. 4(i)
42.
LOT COVERAGE means the combined area of all building on a lot measured
at the level of the lowest floor above the established grade and expressed as a
percentage of the total area of the lot.
s
4.44
46 Feet
Lel. Ant*. = 2,30o risare Act
gyildwq "irek = (.6? rp.ire reef
Lef Covcr.54. = 2_1
43.
LOT DEPTH means the shortest horizontal distance measured from the front
lot line to the rear lot line.
i L.+ Depth
Trod Lot
44.
LOT FRONTAGE means the horizontal distance between side lot lines
measured at the building line.
Rear Le+ Line
f. 5
BkiIdinq
Front Lot Lille-
Town of Carbonear Development Regulations 2025
92
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.
,
zRear Lo+ Uhe
tflatiKtin5 Lo4 Lhie
t Fran+ Lo+ Line
b. REAR LOT LINE means the
c=
lot line farthest from and
=c=
closest to parallel with the
t==z)
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.
ON
I.*
0
0
OM.
0
0.13
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.
Town of Carbonear Development Regulations 2025
93
50.
Urban and
51.
Rural Planning
Act s2(j)
52.
-ft
Provincial
Reg. 4(m)
53.
54.
117
Provincial
Reg. 4(o)
55.
56.
57.
49.
MINERAL WORKING means land or buildings used for the working or
extraction of any naturally occurring substance, including a pit or quarry. An
operation consisting of one or more of the following activities: the digging for,
excavation, and removal of quarry materials (i.e., quarrying)(may involve
blasting), the removal of quarry materials previously excavated, the removal of
quarry materials, the processing of quarry materials (e.g., crushing, screening,
washing), the production of civil construction materials which use quarry
materials in their natural form (e.g., asphalt, concrete), the re-processing of
quarry materials including from reclaimed civil construction materials (e.g.,
reclaimed asphalt, concrete), the production of soil by blending organic
materials with quarry materials, or the treatment or remediation of soil. "Quarry
material" for the purpose of interpreting the definition of mineral working is as
defined in the provincial Quarry Materials Act, 1998. Mineral working does
not include mining but may include exploration (development) as a secondary
activity. Mineral working does not include the excavation and removal of quarry
materials as a by-product of an approved development.
MINING means an operation involving the extraction of mineral for sale and for
which a mining lease is required under the provincial Mineral Act administered
by the Department of Industry, Energy and Technology. "Mineral" for the
purpose of interpreting the definition of mining is as defined under the Mineral
Act. Mining may include, as secondary activities, mineral exploration
(development) and mineral working. Note that under the Mineral Act
dimension stone (i.e., stone used for building facades, gravestones, etc.) is
considered a mineral in Newfoundland but a quarry material in Labrador.
MINISTER means the minister appointed under the Executive Council Act to
administer the Act.
MUNICIPAL PLAN means the Town of Carbonear Municipal Plan, 2025.
NON-CONFORMING USE means a legally existing use that is not listed as a
permitted or discretionary use for the use zone in which it is located or which
does not meet the development standards for that use zone.
OFFICE AND PROFESSIONAL means the use of a building or part thereof for
the purpose of regularly conducting business, performing a service, or offering
consultation, but shall not include manufacturing or the selling of retail goods.
PERMITTED USE means a use that is listed within the permitted use classes
set out in the use zone tables of an authority's development regulations.
PERSONAL SERVICES means the use of land, a building, or part thereof for
the provision of services intended to attend to the care and needs of the
person and may include, but is not limited to, salons, barbers, tattoo shops,
tailors, cobblers, laundromats, and dry cleaning drop-off counters.
PLANNING AREA means the area of land identified as the Town of
Carbonear Planning Area on Schedule 'B'.
Town of Carbonear Development Regulations 2025
94
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.
Town of Carbonear Development Regulations 2025
95
61.
SEASONAL RESIDENTIAL means a dwelling designed or intended for
seasonal or recreational use and is not intended for use as permanent living
quarters.
62.
SERVICE STATION means the use of land or buildings for the sale of
petroleum fuel and lubricants, automotive parts and accessories, minor
automotive repairs, and washing and polishing of motor vehicles.
63.
SETBACK means the horizontal distance between the specified property line
or feature and the nearest main wall of a building.
64.
SERVICE STREET means street constructed parallel to or close to another
street for the purpose of limiting direct access to that street.
65.
SHOP means building or part thereof used for retail trade wherein the primary
purpose is the selling or offering for sale of goods, wares or merchandise by
retail or the selling or offering for sale of retail services but does not include an
establishment wherein the primary purpose is the serving of meals or
refreshments, an amusement use, a general garage, or a service station.
66.
SHOPPING CENTRE means group of shops and complementary uses with
integrated parking, and which is planned, developed, and designed as a unit
containing a minimum of five (5) retail establishments.
67.
SHOWROOM means building or part of a building in which samples or
patterns are displayed and in which orders may be taken for goods, wares, or
merchandise, including vehicles and equipment, for later delivery.
68.
SIGHT TRIANGLE means a triangle-shaped portion of land established at
street intersections to ensure a safe sight distance for motorists entering or
leaving the intersection. The triangular-shaped portion of land is formed by the
street lines and a line drawn from a point in one street line to a point in the
other street line.
Town of Carbonear Development Regulations 2025
96
Provincial
Reg. 4(q)
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.
S I GN
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.
Town of Carbonear Development Regulations 2025
97
d. CHANGEABLE COPY SIGN means any sign that has a sign face that
includes an internal light source capable of displaying words or symbols
that can be electronically changed by remote or automatic means. For the
purposes of these regulations, a changeable message sign includes
Digital and Projected Advertising Displays (DPADS).
4,
PLAZA
VII PM
SIGN
e. ELECTION SIGN means any sign used to promote a candidate or party
during an election for public office.
f. GROUND SIGN means a sign permanently affixed to the ground by one or
more self-supporting poles or supported by a free-standing structure.
MO(
Vl(
g. ILLUMINATED with reference to a sign means the sign is lit up by means
of an artificial light source located within on or external to the sign.
h. MENU BOARD means a sign erected as part of a drive-through facility
and used to display and order products and services available in
association with a drive-through business.
i. OFF-SITE DIRECTIONAL SIGN means a sign indicating direction to a
property, business, service, or event that is located elsewhere but does
not include a billboard.
Town of Carbonear Development Regulations 2025
98
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.
S I
N
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.
SIGN
Il Il
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.
514
4
Town of Carbonear Development Regulations 2025
99
n. SANDWICH BOARD SIGN means a freestanding temporary sign with no
more than two faces joined at the top of the sign and is intended for
temporary use during the hours of the business to which it applies and is
constructed in a manner and of materials such that it can be placed and
moved manually by a person without mechanical aid.
o. SIGN FACE AREA means the total area in height and width of the entire
advertising device, excluding posts and includes any framing or border
around the actual lettering or graphics. Irregular shaped signs shall have
their area determined by the smallest rectangle or circle that can wholly
enclose the sign face (whichever is smaller). Where a sign has two faces
or more, the maximum area is permitted for each of the two faces.
- --
,
-,
/
'
/
\
/
\
I
1
I
I
\
_1
\ \
1
-.
/
-...._ _ .......--
p. TEMPORARY SIGN means a sign, not permanently installed or in a fixed
position, that advertises a business, site, event, or activity for a limited
period of time.
Town of Carbonear Development Regulations 2025
100
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.
SIGN
r. WALL SIGN means a sign which is painted on or permanently affixed to a
single wall of a building.
SIGN'
0
70.
Provincial
Reg. 4(t)
Provincial
71.
Reg. 4(u)
72.
Urban and
Rural Planning
73.
Act s2(q)
74.
75.
STREET means a street, road, highway, or other way designed for the
passage of vehicles and pedestrians, and which is accessible by fire
department and other emergency vehicles.
STREET LINE means the edge of a street reservation as defined by the
Authority having jurisdiction.
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.
SUBDIVISION means the dividing of land, whether in single or joint ownership,
into two or more pieces for the purpose of development.
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.
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.
Town of Carbonear Development Regulations 2025
101
Provincial
Reg. 4(v)
76.
USE means a building or activity situated on a lot or a development permitted
on a lot.
77.
USE ZONE or ZONE means an area of land including buildings and water
Provincial
designated on the zoning map to which the uses, standards and conditions of
Reg. 4(w)
a particular use zone table apply.
Provincial
Reg. 4(r)
Provincial
Reg. 4(s)
78.
WATERCOURSE means a surface source of fresh or salt water within the
jurisdiction of the province, whether that source usually contains liquid or
frozen water or not, and includes water above the bed of the sea that is within
the jurisdiction of the province, a river, stream, brook, creek, lake, pond,
spring, lagoon, ravine, gully, canal, wetland and other flowing or standing
water and the land occupied by that body of water.
79.
WORKSHOP means the use of a building or part thereof for the creation of
products assembled or made by hand or by small custom production
processes including (but not limited to) potters, pewterers, goldsmiths,
silversmiths, jewelers, toymakers, leather workers, upholsterers, woodworkers,
furniture makers, musical instrument makers, clothing designers,
clothesmakers, shoemakers, antique refinishers, glass workers, stained glass
workers and sailmakers. This definition shall also include "maker spaces" but
excludes the repair of vehicles and heavy equipment.
80.
YARD means an open uncovered space on a lot appurtenant to a building
(except a court) and unoccupied by buildings or structures except as
specifically permitted elsewhere in these Regulations.
a. REAR YARD means the distance between the rear lot line and the rear
wall of the main building on a lot.
b. FRONT YARD means the distance between the front lot line of a lot and
the front wall of the main building on the lot.
c. FLANKING YARD means the side yard of a corner lot bounded by the
street.
d. SIDE YARD means the distance between the side lot line and the nearest
side wall of a building on the lot.
Town of Carbonear Development Regulations 2025
102
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
Town of Carbonear Development Regulations 2025
103
SCHEDULE 'A' - CLASSIFICATION OF USES
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
USES
1. Assembly Uses for the
production and viewing
of the performing arts.
(a)Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
2. General Assembly
Uses
(a)Cultural and Civic
Art Galleries
Council Chambers
Court Rooms
Libraries
Meeting Rooms
Museums
(b)General Assembly Auditoria
Bowling Alleys
Community Halls
Dance Halls
Gymnasia
Lodge Halls
(c) Educational
Colleges
Commercial and Trade
Schools
Elementary Schools
High Schools
Universities
(d)Place of Worship
Church
Church Halls
Mosque
Synagogue
Temple
(e)Passenger
Assembly
Passenger Terminals
(f) Club and Lodge
Private Clubs and Lodges
(non-residential)
(g)Catering
Restaurants
Bars
Lounges
(h)Funeral Home
Funeral Homes and Chapels
(i) Childcare
Day Care Centres
(j) Amusement
Electronic Games Arcades
Pinball Parlours
Pool and Billard Halls
3. Arena-type Uses
(a) Indoor Assembly
Arenas
Armouries
Ice Rinks
Indoor Swimming Pools
Town of Carbonear Development Regulations 2025
104
GROUP
DIVISION
CLASS
EXAMPLES
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
B.
INSTITUTIONAL
USES
1. Penal and
Correctional Institutional
Uses
(a) Penal and
Correctional Detention
Jails
Penitentiaries
Police Stations (with detention
quarters)
Prisons
Psychiatric Hospitals (with
detention quarters)
Reformatories
2. Special Care
Institutional Uses
(a) Special Care
Institutional
Personal Care Home
Nursing Home
Assisted Living Complexes
Long Term Care Facilities
3. Medical Treatment
Institutional Uses
(a) Medical Treatment
Institutions
Hospitals
Infirmaries
Psychiatric Hospitals (without
detention quarters)
Town of Carbonear Development Regulations 2025
105
GROUP
DIVISION
CLASS
EXAMPLES
C.
RESIDENTIAL
USES
1. Residential Dwelling
Uses
(a) Single Dwelling
Single Detached Dwellings
(b) Double Dwelling
Semi-detached Dwelling
Duplex Dwellings
(c) Accessory Dwelling Subsidiary Apartments
Carriage Houses
Backyard Suites
(d) Multi-unit Dwelling Multi-unit Dwellings
Grouped Dwellings
(e) Row Dwelling
Row Houses
Town Houses
2. General Residential
Uses
(a) Collective
Residential
University & College Halls of
Residence
Convents & Monasteries
Hospital Residences
(b) Boarding House
Residential
Boarding Houses
Lodging Houses
(c) Accommodations
Cottage Rental
Guest Houses
Hostels
Hotels & Motels
Inns
Rental of a dwelling for a
period of 28 days or less
Residential Clubs
Tourist Cabins
(d) Seasonal
Residential
Summer Homes & Cabins
Hunting & Fishing Cabins
(e) Mobile Homes
Mobile Homes
(f) Home Occupation
Level 1 Home Occupation
Level 2 Home Occupation
Town of Carbonear Development Regulations 2025
106
D. BUSINESS
& PERSONAL
SERVICE
USES
1. Business,
Professional, and
Personal Service
Uses
(a) Office and
Professional
Accountants, lawyers, engineers,
surveyors, and similar professional
offices
Banks
Government Offices)
Offices (including
(b) Medical Clinics Dental Offices & Surgeries
Doctors' Offices and Consulting Rooms
Massage Therapists
Medical Specialists
Optometry Clinics
Physiotherapists
Psychologists
(c) Personal
Services
Barbers
Cobblers
Dry cleaning drop-off counters
Laundromats,
Salons
Tailors
Tattoo shops
(d) General
Services
Dry Cleaners (not using flammable or
explosive substances)
Small Tool and Appliance Rentals and
Repair
Travel Agents
(e) Communica-
tions
Radio Stations
Telephone Exchanges
(f) Police Station
Police Stations without detention
quarters
(g) Taxi Stand
Taxi Stands
(h) Take-out Food
Service
Take-out Food Service
(i) Animal Care
Pet Daycares
Pet Grooming
Veterinary Surgeries
E.
MERCANTILE
USES
1. Retail Sale and
Display Uses
(a) Shopping
Centre
Shopping Centres
(b) Shop
Retail Shops, Stores, and Showrooms
Department Stores
(c) Indoor Market
Auction Halls
Market Halls
(d) Outdoor
Market
Animal Markets
Fish Stands
Market Grounds
Produce and Fruit Stands
(e) Convenience
Store
Confectionary Stores
Corner Stores
Gift Shops
Specialty Shops
Town of Carbonear Development Regulations 2025
107
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
USES
1. Industrial uses
involving highly
combustible and
hazardous
substances and
processes.
(a) Hazardous
Industry
Bulk Storage of hazardous liquids and
substances
Chemical Plants
Distilleries
Feed Mills
Lacquer, Mattress, Paint, Varnish, and
Rubber Factories
Spray Painting
2. General industrial
uses involving
limited hazardous
substances and
processes.
(a) General
Industry
Cold Storage Plants
Contractors' Yards
Factories
Freight Depots
General Garages
Laboratories
Laundries
Planing Mills
Printing Plants
Warehouses
Workshops
(b) Service Station Gasoline Service Stations
Gas Bars
Level 3 Electrical Vehicle Charger
(c) Marine Industry Boat Building and Repair
Fish Processing
Marine Storage
3. Light, non-
hazardous or non-
intrusive industrial
uses.
(a) Light Industry
Light Industry
Parking Garages
Indoor Storage
Warehouses
Workshops
(b) Craft Beverage
Production
Breweries
Distilleries
Wineries
Town of Carbonear Development Regulations 2025
108
G. NON-
BUILDING
USES
1. Uses not directly
related to building.
(a) Agriculture
Related
Agritourism
Commercial Farms
Hobby Farms
Market Gardens & Nurseries
U-picks
(b) Community
Garden
Community Garden
Community Greenhouse
(c) Forestry
Tree Nurseries
Silviculture
(d) Mineral
Exploration
Mineral Exploration
Prospecting
(e) Mineral
Working
Quarries
Pits
(f) Mining
Mines
(g) Recreational
Open Space
Parks
Playgrounds
Playing Fields
Sports Grounds
Trails
(h) Conservation
Architectural, Historical and Scenic
Sites
Buffer Strips
Flood Plains
Steep Slopes
Watersheds
Wildlife Sanctuaries
(i) Cemetery
Cemeteries
Graveyards
(j) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
(k) Solid Waste
Incinerators
Sanitary Land Fill
Solid Waste Disposal
(I) 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
Town of Carbonear Development Regulations 2025
109
APPENDIX 'A' - PROVINCIAL DEVELOPMENT
REGULATIONS
This is an official version.
Copyright © 2006: Queens Printer,
St. John's, Newfoundland and Labrador, Canada
Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)
Table of Regulations
Main Site
How current is this regulation?
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2; 2001 )
Under the authority of section 36 of the Urban and Rural Planning Act , 2000, I make the
following regulations.
Dated at St. Johns , January 2, 2001 .
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
I. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
Jae
18. Delegation of powers
19. Commencement
Short title
1. These regulations may be cited as the Development Regulations.
Back to Top
Definitions
2. In these regulations.
(a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000 ;
(b) "applicant" means a person who has applied to an authority for an approval or permit to
carry out a development;
(c) "authority" means a council, authorized administrator or regional authority; and
(d) "development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
Back to Top
Application
3. (1) These regulations shall be included in the development regulations of an authority and
shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations or
other regulations of an authority, these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board. these
regulations shall apply to that appeal.
Back to Top
Interpretation
4. (1) In development regulations and other regulations made with respect to a planning area the
following terms shall have the meanings indicated in this section
(a) "access" means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
(c) "accessory use" means a use that is subsidiary to a permitted or discretionary use and
that is customarily expected to occur with the permitted or discretionary use;
(d) "building height" means the vertical distance, measured in metres from the established
grade to the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof;
(e) "building line" means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that a building may be placed;
(f) "discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authoritys development regulations;
(g) "established grade" means,
(i) where used in reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii) where used in reference to a structure that is not a building, the average elevation
of the finished grade of the ground immediately surrounding the structure, exclusive
of any artificial embankment or entrenchment;
(h) "floor area" means the total area of all floors in a building measured to the outside face
of exterior walls;
(i) "frontage" means the horizontal distance between side lot lines measured at the building
line;
(j) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building;
(k) "lot area" means the total horizontal area within the lines of the lot;
(1) "lot coverage" means the combined area of all building on a lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total
area of the lot;
(m) "non-conforming use" means a legally existing use that is not .listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the legal right
to use the land under consideration;
(o) "permitted use" means a use that is listed within the permitted use classes set out in the
use zone tables of an authoritys development regulations;
(p) "prohibited use" means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority specifies as not permitted
within a use zone;
(q) "sign" means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as
a memorial, advertisements of local government, utilities and boarding or similar
structures used for the display of advertisements;
(r) "rear yard depth" means the distance between the rear lot line and the rear wall of the
main building on a lot;
(s) "side yard depth" means the distance between the side lot line and the nearest side wall
of a building on the lot;
(t) "street" means a street, road, highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency vehicles;
(u) "street line" means the edge of a street reservation as defined by the authority having
jurisdiction;
(v) "use" means a building or activity situated on a lot or a development permitted on a lot;
(w) "use zone" or "zone" means an area of land including buildings and water designated on
the zoning map to which the uses, standards and conditions of a particular use zone table
apply;
(x) "variance" means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use
Zone Table of the authoritys regulations; and
(y) "zoning map" means the map or maps attached to and forming a part of the authoritys
regulations.
(2) An authority may, in its discretion, determine the uses that may or may not be developed
in a use zone and those uses shall be listed in the authoritys regulations as discretionary, permitted or
prohibited uses for that area.
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Notice of right to appeal
5. Where an authority makes a decision that may be appealed under section 42 of the Act. that
authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the
(a) persons right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making., an appeal and the address for the filing of the appeal.
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Appeal requirements
6. (1) The secretary of the board at the Department of Municipal and Provincial Affairs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. Johns, Nfld., Al B 4J6 is the
secretary to all boards in the province and an appeal filed with that secretary within the time period
referred to in subsection 42(4) of the Act shall be considered to have been filed with the appropriate
board.
(2) Notwithstanding subsection (1), where the City of Corner Brook , City of Mount Pearl
or City of St. Johns appoints an appeal board under subsection 40(2) of the Act, an appeal shall be
filed with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or (2) within the
14 days referred to in subsection 42(4) of the Act.
(4) The board that hears the decision being appealed shall, subject to subsection 44(3) of the
Act, retain the fee paid to the board.
(5) Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
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Appeal registration
7. (1) Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 6(1) and (2), shall immediately register the
appeal.
(2) Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
(3) Where an authority has been notified of an appeal that authority shall forward to the
appropriate board a copy of the application being appealed, all correspondence, council minutes,
plans and other relevant information relating to the appeal including the names and addresses of the
applicant and other interested persons of whom the authority has knowledge.
(4) Upon receipt of the information under subsection (3), the secretary of the board shall
publish in a newspaper circulated in the area of the appropriate authority, a notice that the appeal has
been registered.
(5) A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
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Development prohibited
8. (1) Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, an authority shall not carry out work related to the matter being
appealed.
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Hearing notice and meetings
9. (1) A board shall notify the appellant, applicant, authority and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date
scheduled for the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its work in an expeditious manner.
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Hearing of evidence
10. (1) A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9(1) or their representative may appear before the board and
make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3) A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as evidence
directly provided at the hearing of the board.
(4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
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Board decision
11. A decision of the board must comply with the plan, scheme or development regulations that
apply to the matter that has been appealed to that board.
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Variances
12. (1) Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development regulations, an
authority may, in its discretion, vary the applicable development standards to a maximum of 10% if,
in the authoritys opinion, compliance with the development standards would prejudice the proper
development of the land, building or structure in question or would be contrary to public interest.
(2) An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances made or to
be made with respect to the same land, building or structure, would have a cumulative effect that is
greater than a 10% variance even though the individual variances are separately no more than 10%.
(3) An authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing development.
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Notice of variance
13. Where an authority is to consider a proposed variance, that authority shall give written notice
of the proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
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Residential non conformity
14. A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where
being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
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Notice and hearings on change of use
15. Where considering a non conforming building, structure or development under paragraph
108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming
building, structure or development, an authority, at the applicants expense, shall publish a notice in a
newspaper circulating in the area or by other means give public notice of an application to vary the
existing use of a non-conforming building, structure or development and shall consider any
representations or submissions received in response to that advertisement.
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Non-conformance with standards
16. Where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not be expanded if
the expansion would increase the non-conformity and an expansion must comply with the
development standards applicable to that building, structure or development.
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Discontinuance of non-conforming use
17. An authority may make development regulations providing for a greater period of time than
is provided under subsection 108(2) of the Act with respect to the time by which a discontinued non-
conforming use may resume operation.
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Delegation of powers
18. An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
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Commencement
19. These regulations shall be considered to have come into force on January 1, 2001 .
()Earl G. Ricker, Queen's Printer
APPENDIX 'B' - ROAD CLASSIFICATIONS
Type
Reservation Width I Applicable Streets
MajOr Arterial
45.0 metres
Columbus Drive/Route 70
Powell Drive
Minor Arterial
30.0 metres
Highroad South-CHVO Drive to Route 70
Bond Street to Highroad North to Route 70
Chapel Street
Fox Farm Road
Goff Avenue
London Road
Valley Road
Adelaide Street
Crowdy Street
Forest Road
Hoyles Road
Lemarchant Street
Lemarchant Street Ext
O'Driscoll's Lane
Southside Lower. Road
Tyre's Drung
Water Street East (Chruch Street to Freshwater Road)
Major Collector
20.0 metres
Minor Collector
15.0 metres
All other streets, excepting local streets that were approved for 12
Local
15.0 metres
metres with' curb, gutter, and sidewalk and existing streets determined
by resolution of:council to be minor streets
Coral Heights
D'Iberville Street
Easton Place
Remembrance Loop
Masonic Ave (Gravel Portion from Lemarchant St to the turn in the
road) (Resolution May 5, 2008)
Churchill Circle (Resolution May 2, 2005)
Whitley Drive (Resolution Oct 2005)
Forward's Lane (Resolution Nov 7, 2005)
Butt's Lanq (Resolution Nov 23, 2021)
Local
12.0 metres
Minor. Streets
10.0 metres
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