Cartwright, Labrador, Newfoundland and Labrador
· adopted 2023-12-06
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Town of Cartwright
Development Regulations
May 2024
Development Regulations
2024-2034
Town of Cartwright
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Urban and Rural Planning Act, 2000
Resolution to Approve
Town of Cartwright Development Regulations
2024
Under the authority of section 16, section 17 and section 18 of the Urban and Rural
Planning Act, 2000, the Town Council of Carwright
a) adopted the Town of Cartwright Development Regulations 2024 on the 6th day of
December, 2023.
b) having no local newspaper, gave notice of the adoption of the Town of Cartwright
Municipal Plan 2024 by advertisement posted at the Town Office and local post
office on March 6, 2024.
, cH,et the 2°71~ day of March, 2024 at 7:00 p.m. at the Town Office in the Town of
.....
·.
--- · 9artwright fof:!he holding of a public hearing to consider objections and
·
submissions.
- Now ur.ider the authority of section 23 of the Urban and Rural Planning Act, 2000, the
Town Council of Cartwright approves the Town of Cartwright Development Regulations
2024 as adopted.
SIGNED AND SEALED this day of,
Tt.U'\e I l +t,._
, 2024.
Mayor:
Clerk:
APPROVED MAY 8. 2024
(MOTION 24-039)
Munidpal Plan/Am('IHlmcnt
REGISTERED
Urban and Rural Planning Act, 2000
Resolution to Adopt
Town of Cartwright Development Regulations
2024
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town
Council of Cartwright adopts the Town of Cartwright Development Regulations 2024.
Adopted by the Town Council of Cartwright on the 6th day of December,/ 2023.
Signed and sealed this /;'.t'day of, 'I
t.A ... -'\,e,.
I 2024.
Mayor:
Clerk:
Canadian Institute of Planners Certification
I certify that the attached Town of Cartwright Development Regulations 2024, has been
prepared in accordance with the requirements of the Urban and Rural Planning Act,
2000~ .-
,
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\-' /;h k
I. Watson, M.C.I.P.
Contents
1.
Title, Purpose, and Scope ............................................................................................................ 1
1 .1.
Short Title ........................................................................................................................... 1
1.2.
Interpretation ...................................................................................................................... 1
1.3.
Commencement ................................................................................................................. 1
1.4.
Planning Area ..................................................................................................................... 1
1.5.
Municipal Code and Regulations ......................................................................................... 2
1.6.
Delegation of Council .......................................................................................................... 2
1. 7.
Provincial Development Regulations .................................................................................... 2
1.8.
Repeal of Regulations ......................................................................................................... 2
1.9.
Severability ......................................................................................................................... 3
2.
Definitions ...................................................................................................................................... 4
3.
Administration ............................................................................................................................. 17
3.1.
Permit Required ................................................................................................................ 17
3.2.
Decisions of Council ......................................................................................................... 17
3.3.
Permit to be Issued ........................................................................................................... 18
3.4.
Permit Not to be Issued in Certain Cases .......................................................................... 18
3.5.
Developments Not Requiring a Development Permit ......................................................... 19
3.6.
Application Requirements ................................................................................................. 19
3. 7.
Development Permit for Temporary Uses .......................................................................... 21
3.8.
Register of Application ...................................................................................................... 21
3.9.
Time Period for Approval .................................................................................................. 21
3.10.
Deferment of Application ................................................................................................... 22
3.11.
Approval in Principle ......................................................................................................... 22
3.12.
Approval ........................................................................................................................... 23
3.13.
Revocation of Permit. ........................................................................................................ 24
3.14.
Public Notice .................................................................................................................... 24
3.15.
Right of Entry .................................................................................................................... 24
3.16.
Restoration to a Safe Condition ........................................................................................ 24
3.17.
Existing Structures and Uses ............................................................................................ 25
3.18.
Stop Work Order and Prosecution .................................................................................... 25
3.19.
Service Levy ..................................................................................................................... 26
3.20.
Financial Guarantees by Developer ................................................................................... 26
3.21.
Dedication of Land for Public Use ..................................................................................... 27
3.22.
Reinstatement of Land ...................................................................................................... 27
3.23.
Notice of Right to Appeal .................................................................................................. 27
3.24.
Appeal Eligibility ................................................................................................................ 28
3.25.
Development Prohibited .................................................................................................... 28
3.26.
Variances .......................................................................................................................... 29
3.27.
Notice of Variance ............................................................................................................. 29
4.
General Standards ...................................................................................................................... 30
4.1.
Application of General Provisions ...................................................................................... 30
4.2.
Access and Service Streets .............................................................................................. 30
4.3.
Accessory Buildings .......................................................................................................... 30
4.4.
Accessory Uses ................................................................................................................ 30
4.5.
Advertisements and Signage ............................................................................................ 31
4.6.
Archaeological Assessment .............................................................................................. 31
4.7.
Buffers .............................................................................................................................. 32
4.8.
Building Height ................................................................................................................. 32
4.9.
Building Height Exemption ................................................................................................ 32
4.10.
Building Lines and Setback ............................................................................................... 33
4.11.
Comprehensive Development ........................................................................................... 33
4.12.
Fences .............................................................................................................................. 33
4.13.
Heritage Properties ........................................................................................................... 33
4.14.
Home-based Businesses .................................................................................................. 34
4.15.
Livestock Structures and Uses .......................................................................................... 36
4.16.
Lot Area ............................................................................................................................ 36
4.17.
Lot Area and Size Exemption ............................................................................................ 37
4.18.
Lot Frontage ..................................................................................................................... 37
4.19.
Landscaping and Screening ............................................................................................. 37
4.20.
Multiple Main Buildings ..................................................................................................... 38
4.21.
Multiple Main Uses ............................................................................................................ 38
4.22.
Non-conforming Uses ....................................................................................................... 38
4.23.
Residential Non Conformity ............................................................................................... 38
4.24.
Notice and Hearings on Change or Use ............................................................................ 38
4.25.
Non-Conformance with Standards .................................................................................... 39
4.26.
Discontinuance of Non-conforming use ............................................................................ 39
4.27.
Offensive and Dangerous Uses ......................................................................................... 39
4.28.
Outdoor Storage and Display ............................................................................................ 39
4.29.
Parks, Playgrounds and Conservation Uses ...................................................................... 39
4.30.
Protection of Community Trails and Footpaths .................................................................. 40
4.31.
Secondary Dwellings ........................................................................................................ 40
4.32.
Service Stations ................................................................................................................ 41
4.33.
Servicing ........................................................................................................................... 41
4.34.
Side Yards ........................................................................................................................ 42
4.35.
Soil Removal, Deposit, and Site Grading ........................................................................... 42
4.36.
Solid Waste Disposal Buffer ............................................................................................. .43
4.37.
Street Construction Standards .......................................................................................... 43
4.38.
Survey Control Monuments ............................................................................................... 43
4.39.
Unsubdivided Land ........................................................................................................... 43
4.40.
Wetland, Watercourse, and Coastal Setback .................................................................... 43
4.41.
Utilities .............................................................................................................................. 45
4.42.
Wharves, Slipways, Docks, and Stages ........................................................................... .45
4.43.
Zero Lot Line and other Comprehensive Development.. .................................................... 45
4.44.
Development in Areas of Potential Hazard ........................................................................ 46
5.
Automobile Parking ..................................................................................................................... 47
5.1.
Off Street Parking Requirements ....................................................................................... 4 7
5.2.
Residential Off-Street Parking .......................................................................................... .48
5.3.
Automobile Parking Space and Lot Standards ................................................................. .48
6.
Signage ........................................................................................................................................ 50
6.1.
Permit Required ................................................................................................................ 50
6.2.
General ............................................................................................................................. 50
6.3.
Removal of Signs .............................................................................................................. 50
6.4.
Sign Maintenance & Abandoned Signs ............................................................................. 51
6.5.
Exempt Signage ............................................................................................................... 51
6.6.
Signs Prohibited in all Zones ............................................................................................. 52
6.7.
Approval Subject to Conditions ......................................................................................... 52
6.8.
Signs for Non-conforming Uses ........................................................................................ 53
6.9.
On-site Signage Requirements ......................................................................................... 53
6.10.
Off -site Signage Requirements .......................................................................................... 53
7.
Subdivision .................................................................................................................................. 54
7.1.
General ............................................................................................................................. 54
7.2.
Development Agreement .................................................................................................. 54
7 .3.
Services to be Provided .................................................................................................... 54
7.4.
Payment of Service Levies and Other Charges .................................................................. 54
7 .5.
Issue of Permit Subject to Considerations ......................................................................... 55
7.6.
Permit Required ................................................................................................................ 55
7.7.
Form of Application ........................................................................................................... 55
7.8.
Subdivision Subject to Zoning ........................................................................................... 56
7.9.
Building Lines ................................................................................................................... 56
7 .10.
Land for Public Open Space ............................................................................................. 56
7 .11.
Structure in Street Reservation .......................................................................................... 57
7 .12.
Subdivision Design Standards ........................................................................................... 58
7 .13.
Dead-end Streets ............................................................................................................. 59
7.14.
Engineer to Design Works and Certify Construction Layout... ............................................ 59
7.15.
Developer to Pay Engineer's Fees and Charges ................................................................ 60
7 .16.
Street Works May be Deferred .......................................................................................... 60
7.17.
Transfer of Streets and Utilities to the Town ...................................................................... 61
7 .18.
Restriction on Sale of Lots ................................................................................................ 61
7.19.
Grouping of Buildings and Landscaping ............................................................................ 61
8.
Zoning .......................................................................................................................................... 62
8.1.
Zones ............................................................................................................................... 62
8.2.
Interpretation of Zone Boundaries ..................................................................................... 62
8.3.
Permitted Uses ................................................................................................................. 63
8.4.
Discretionary Uses ............................................................................................................ 63
8.5.
Prohibited Uses ................................................................................................................ 63
8.6.
Classification of Land Uses and Buildings ......................................................................... 63
9.
Mixed Use (MU) Zone ................................................................................................................. 64
9.1.
Permitted Uses ................................................................................................................. 64
9.2.
Discretionary Uses ............................................................................................................ 64
9.3.
Lot Requirements ............................................................................................................. 65
9.4.
One Main Building on a Lot ............................................................................................... 66
9.5.
Building Placement on a Lot ............................................................................................. 66
9.6.
Convenience Stores .......................................................................................................... 66
9.7.
Automotive Sales .............................................................................................................. 66
9.8.
Existing Cemeteries .......................................................................................................... 66
9.9.
Development Adjacent to Residential Uses ....................................................................... 67
10.
Commercial and Light Industrial (CLI) Zone .......................................................................... 68
10.1.
Permitted Uses ................................................................................................................. 68
10.2.
Discretionary Uses ............................................................................................................ 68
10.3.
Lot Requirements ............................................................................................................. 69
10.4.
Development Adjacent to Residential Uses ....................................................................... 69
10.5.
Provincial Review of Applications ...................................................................................... 69
10.6.
Existing Cemeteries .......................................................................................................... 69
10.7.
Minimum Yard Exception .................................................................................................. 70
11.
Rural (R) Zone .......................................................................................................................... 71
11.1.
Permitted Uses ................................................................................................................. 71
11.2.
Discretionary Uses ............................................................................................................ 71
11.3.
Lot Requirements ............................................................................................................. 72
11 .4.
Discretionary Uses Evaluation ........................................................................................... 72
11.5.
Mobile Homes and Single Dwellings .................................................................................. 72
11.6.
Campgrounds ................................................................................................................... 73
11. 7.
Mineral Working ................................................................................................................ 73
11.8.
Mineral Working Site Rehabilitation ................................................................................... 75
11.9.
General Industry ............................................................................................................... 75
11.10.
Agricultural Uses ............................................................................................................... 75
11.11.
Solid Waste Disposal ........................................................................................................ 75
12.
Heritage Protection (HP) Zone ................................................................................................ 76
12.1.
Permitted Uses ................................................................................................................. 76
12.2.
Discretionary Uses ............................................................................................................ 76
12.3.
Lot Requirements ............................................................................................................. 76
12.4.
Permitted and Discretionary Uses Evaluation .................................................................... 76
12.5.
Decommissioned Military Site ........................................................................................... 77
13.
Comprehensive Development (CD) Zone ............................................................................... 78
13.1.
Permitted Uses ................................................................................................................. 78
13.2.
Discretionary Uses ............................................................................................................ 78
13.3.
Lot Requirements ............................................................................................................. 78
13.4.
Building Placement on a Lot ............................................................................................. 79
13.5.
Discretionary Uses ............................................................................................................ 79
13.6.
Historic Resources ............................................................................................................ 79
14.
14.1.
14.2.
14.3.
14.4.
14.5.
15.
16.
Watershed and Environmental Protection (WEP) Zone ......................................................... 80
Permitted Uses ................................................................................................................. 80
Discretionary Uses ............................................................................................................ 80
Forestry Development ....................................................................................................... 80
Permanent Structures ....................................................................................................... 80
Burdett's Pond Protected Water Supply Area ................................................................... 80
Use Class Table ...................................................................................................................... 81
Schedules ................................................................................................................................ 88
Schedule 'A' - Planning Area ............................................................................................................. 89
Schedule '8
1
- Zoning Map ................................................................................................................ 90
Schedule 'C' - Provincial Development Regulations ........................................................................ 91
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1 .
Title, Purpose, and Scope
1.1.
Short Title
1.1.1.
These regulations may be cited as the Cartwright Development
Regulations.
1.2.
Interpretation
1 .2.1.
Words and phrases used in these Regulations shall have the meanings
assigned to them in Part 2, Definitions.
1.2.2.
Words and phrases not defined in Part 2 shall have the meaning
commonly assigned to them in the context in which they are used in
these Regulations.
1.2.3.
Unless otherwise stated, the singular form of a use includes the plural.
1.2.4.
Any references to sections made in these Regulations are considered to
be references to these same Regulations, unless otherwise indicated.
1.2.5.
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."
1.3.
Commencement
1.3.1.
These Regulations come into effect throughout the Cartwright Planning
Area ("Planning Area") on the date of publication of a notice to that effect
in the Newfoundland and Labrador Gazette.
1.4.
Planning Area
1.4.1.
These Regulations shall apply only to those areas of land shown on the
maps contained in Schedule 'A'.
Town of Cartwright Development Regulations 2024
1
1.5.
Municipal Code and Regulations
1.5.1.
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.
1.5.2.
Where the provisions of these Regulations conflict with any other
municipal, provincial, or federal regulations, the more stringent provisions
shall apply.
1.5.3.
Where a provision within these Regulations conflict with another provision
within these Regulations, the more stringent provision shall apply.
1.6.
Delegation of Council
1.6.1.
Where the term "Council" 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. 7.
Provincial Development Regulations
1 . 7 .1 .
Provincial Development Regulations have been incorporated into these
Regulations and are marked as follows:
Provincial
Reg.X -
Urban and
Rural Planning
Reg.X
1.7.2.
The Provincial Development Regulations shall be included in their entirety
as Schedule 'C'. Where there is conflict between these Development
Regulations and the Provincial Development Regulations, the Provincial
Development Regulations shall apply.
1.8.
Repeal of Regulations
1 .8.1 .
The following Regulations are repealed as of the effective date of these
Regulations:
(a)
Town of Cartwright Development Regulations, Gazetted on
August 30, 1995, as amended.
Town of Cartwright Development Regulations 2024
2
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 Cartwright Development Regulations 2024
3
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Provincial
Reg. 4(a)
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Provincial
Reg. 4(b)
1?
Provincial
Reg. 4(c)
-'Pl
Provincial
Reg. 2(a)
2.
Definitions
Abattoir means a building or structure specifically designed to accommodate the
penning and slaughtering of farm animals and related primary processing which
may include the on-site packing, treating and storage of product.
Access means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from a street to adjacent or nearby land or to go from that
land to the street.
Accessory Building includes:
i.
a detached subordinate building not used as a dwelling, located on
the same lot as the main building to which it is an accessory and
which has a use that is customarily incidental or complementary to
the main use of the building or land,
ii.
for residential uses, domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetables
storage cellars, shelters for domestic pets or radio and television
antennae,
iii.
for commercial uses, workshops or garages, and
iv.
for industrial uses, garages, offices, raised ramps and docks.
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.
Accommodation means a building or group of buildings not intended for
residential use where sleeping facilities are provided for persons and which may
also contain recreational facilities, commercial uses and additional facilities
including but not limited to eating establishments, drinking establishments, room
service, meeting rooms, public convention rooms, and laundry service, but does
not include lodging establishments.
Act, unless the context indicate otherwise, means the Urban and Rural Planning
Act, 2000.
Adjudicator means an adjudicator appointed under Section 40 of the Urban and
Rural Planning Act, 2000.
Agriculture Use means the use of land, buildings or structures for the cultivation of
crops, the raising and pasturing of farm animals, bee keeping, or the packing,
storing and treating of produce, in accordance with normal farm practices.
Town of Cartwright Development Regulations 2024
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'??
Provincial
Reg. 2(b)
Agriculture Related Use means the use of land, buildings, or structures for
processing and storage of agricultural crops; fertilizer production; 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; but excludes the processing of animals, which is covered by the definition for
abattoirs.
Animal Unit means any one of the following animals or groups of animals, or part
thereof:
1 bull;
100 broiler chickens;
1 cow (including caI0;
100 female mink (including associate males and kits);
4 goats;
2 hogs
1 horse (including foal);
125 laying hens
4 sheep (including lamb);
1 sow or breed sow; or
100 turkeys, geese, ducks.
Appeal Officer means an employee of the department designated under
subsection 40(5) of the Urban and Rural Planning Act, 2000.
Applicant means a person who has applied to an authority for an approval or
permit to carry out a development.
Aquaculture means the growing and cultivation of aquatic plants or fish, for
commercial purposes, in any water environment or on land in human-made
containers of water, and includes the growing and cultivation of shellfish on, in, or
under the foreshore or in the water.
Boarding House means a dwelling in which the proprietor supplies either room or
room and board for monetary gain and which is not open to the public.
Town of Cartwright Development Regulations 2024
5
Urban and
Rural Planning
Reg. 2(c)
1?
Provincial
Reg. 4(d)
~
Provincial
Reg. 4(e)
Building means:
i.
a structure, erection, alteration or improvement placed on, over or
under land or attached, anchored or moored to land,
ii.
mobile structures, vehicles and marine vessels adapted or
constructed for residential, commercial, industrial and other similar
uses,
iii.
a part of and fixtures on buildings referred to in subparagraphs (i) and
(ii), and
iv.
an excavation of land whether or not that excavation is associated
with the intended or actual construction of a building or thing referred
to in subparagraphs (i) to (iii).
Building Height means the vertical distance, measured in metres from the
established grade to the:
i.
highest point of the roof surface of a flat roof,
ii.
deck line of a mansard roof, and
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.
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.
Campground means the use of land, or part thereof, for providing an overnight
camping experience to the travelling public in tents, yurts, bunkies, travel trailers,
recreational vehicles, campers, and similar structures and/or vehicles, but does not
include an accommodation or lodging establishment uses.
Child Care Facility means a place where children are cared for without overnight
accommodation, but does not include a school.
Commercial means the use of land, buildings or structures for the purpose of
buying and selling commodities and/or supplying of services as distinguished from
uses such as manufacturing or assembling of goods, warehousing, transportation
depots, construction and other similar uses.
Council means the elected Council of the Town of Cartwright.
Town of Cartwright Development Regulations 2024
6
Urban and
Rural Planning
Reg. 2(g)
'??
Provincial
Reg. 4(1)
Craft Product means products assembled or made by hand or small custom
production processes including but not limited to potters, pewterers, goldsmiths,
silversmiths, jewelers, toy makers, leather workers, upholsterers, woodworkers,
furniture makers, musical instrument makers, clothing designers and makers,
shoemakers, antique refinishers, glass or stained glass workers, and caterers.
Development means the carrying out of building, engineering, mining or other
operations in, on, over or under land, or the making of a material change in the
use, or the intensity of use of land, buildings or premises and the:
i.
making of an access onto a highway, road or way,
ii.
erection of an advertisement or sign,
iii.
construction of a building,
iv.
parking of a trailer, or vehicle used for the sale of refreshments or
merchandise, or as an office, or for living accommodation,
and excludes the
i.
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,
ii.
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,
iii.
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
iv.
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.
Discretionary Use means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations.
Town of Cartwright Development Regulations 2024
7
'If
Provincial
Reg. 4(1)
Dwelling means a building containing at least one (1) dwelling unit for human
habitation, which is capable of being occupied as a home or residence, and for
greater certainty:
Double Dwelling means a building containing two (2) dwelling units, placed one
above the other, or side by side, but does not include a single dwelling
containing a secondary dwelling.
Multi-unit Dwelling means a building containing three (3) or more dwelling units.
Secondary Dwelling means a dwelling that contains one (1) dwelling unit and is
located on a lot containing a single dwelling, or within a single dwelling.
Single Dwelling means a dwelling containing one (1) dwelling unit or one (1)
dwelling unit and a secondary dwelling.
Dwelling Unit means one (1) or more habitable rooms that may be used as a
residence by an independent, separate household, which: has a bathroom for
exclusive use of the household; has a kitchen for the exclusive use of the
household; and has a private entrance from outside the building or from a common
hallway or stairway.
Engineer means a professional engineer, licensed to practice in Newfoundland and
Labrador, employed or retained by the Town.
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.
Town of Cartwright Development Regulations 2024
8
f
Provincial
Reg. 4(h)
f
Provincial
Reg. 4(i)
Urban and
Rural Planning
Reg. 2(0
Existing means legally existing on the specified date or, where no date is specified,
as of the effective date of these Regulations.
Flag Lot means a lot characterized by the main body of the lot generally to the rear
of another lot and with lot frontage provided by a narrow prolongation or "pole"
that extends from the main body of the lot to a public or private road.
Floor Area means the total area of all floors in a building measured to the outside
face of exterior walls.
Frontage means the horizontal distance between side lot lines measured at the
building line.
General Industry means the use of any 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.
Hazardous Industry means the use of land or buildings for industrial proposes
involving the use of materials or processes which because of their inherent
characteristics, constitute a special fire, explosion, radiation or other hazard.
Home-based Business 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 includes land covered by water and buildings and structures on, over, under
the soil and fixtures that form part of those buildings and structures
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.
Lodging Establishment means a single dwelling in which overnight
accommodation is provided to the to the travelling public. The provision of meals
may be included as a lodging establishment use (usually breakfast, but
occasionally other meals as well) to overnight guests. The lodging establishment
use shall not include the provision of meals to non-guests.
Town of Cartwright Development Regulations 2024
9
~
Provincial
Reg. 40)
f
Provincial
Reg. 4(k)
~
Provincial
Reg. 4(1)
Lot means a plot, tract or parcel of land which can be considered as a unit of land
for a particular use or building.
Lot Area means the total horizontal area within the lines of the lot.
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.
Lot Line means an outer boundary for a specific lot, and for greater clarity:
Flanking Lot Line means a side
lot line that abuts the street or
private road on a corner lot.
Front Lot Line means the line
dividing the lot from the street
or private road. In the case of a
corner lot or a lot with more
than one line abutting a single
street or private road the
shorter boundary line abutting
the street or private road shall
be deemed the front lot line. In
the case of a through lot the longer boundary dividing the lot from the street or
private road shall be deemed to be the front lot line. In the case of a lot that
does not have any line abutting a street or private road, the lot line closest to an
existing street shall be deemed the front lot line.
Rear Lot Line means the lot line on the opposite side of the front lot line and
which is not a flanking lot line. Where the rear lot line is not apparent or does not
exist due to the configuration of the lot, the rear lot line shall be considered a
horizontal line, parallel to the front lot line, measured 3.3 metres from the
furthest point of the front lot line, to the interior of the lot.
Side Lot Line means a lot line other than a front or rear lot line.
Main Building means any building in which is carried on the principal purpose for
which the lot is used.
Marine Transportation means the use of land or buildings intended for the storage,
mooring or the transportation of marine vessels.
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Mobile Home means a prefabricated dwelling designed to be transported to a site
where it is to be occupied as a dwelling complete and ready for occupancy, either
remaining on a chassis and wheels or placed on a permanent footing. This definition
excludes mini-homes and other types of pre-cut or multi section assemblies that form a
dwelling.
Mineral Exploration means the search for and sampling of materials or quarry
materials where the activity or activities involved meet the definition of "development"
under the Urban and Rural Planning Act, 2000.
11Mineral" and "quarry material" for the
purpose of interpreting the definition of mineral exploration (development) are as
defined in the provincial Mineral Act and Quarry Materials Act, 1998, respectively.
Mineral exploration does not include mining or mineral working (e.g., quarrying).
Activities which meet the definition of mineral exploration (development) are to be
contrasted with mineral exploration activities that do not meet the definition of
development, examples of which typically include traditional prospecting, geochemical
sampling surveys (of rock, soil, sediment, water, or vegetation), ground-based and
airborne geophysical surveys, and the cutting of survey lines.
Mineral Working means an operation consisting of one or more of the following
activities: the digging for, excavation, and removal of quarry materials (i.e. quarrying)
(may involve blasting), the removal of quarry materials previously excavated, the
removal of quarry materials previously deposited on site, the stockpiling of quarry
materials, the processing of quarry materials (e.g., crushing, screening, washing), the
production of civil construction materials which use quarry materials in their natural for
(e.g., asphalt, concrete), the re-processing of quarry materials including from reclaimed
civil construction materials (e.g., reclaimed asphalt, concrete), the production of soil by
blending organic materials with quarry materials, or the treatment or remediation of soil.
"Quarry material" for the purpose of interpreting the definition of mineral working is as
defined in the provincial Quarry Materials Act, 1998. Mineral working does not include
mining but may include mineral exploration (development) as a secondary activity.
Mineral working does not include the excavation and removal of quarry materials as a
by-product of an approved development.
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-Ji?
Provincial
Reg. 4(m)
~
Provincial
Reg. 4(n)
~
Provinc ial
Reg. 4(o)
~
Provincial
Reg. 4(p)
Mining means an operation involving the extraction of a mineral for sale and for which a
mining lease is required under the provincial Mineral Act administered by the
Department of 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.
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 means a room or rooms where business may be transacted or consultation
given but shall not include the manufacturing of any product or the retail selling of
goods.
Outdoor Display means the display of retail goods or materials intended for the
immediate sale to the general public where such goods are not enclosed within a
building.
Outdoor Storage means storage exterior to a building of items such as
merchandise, goods, inventory materials, or equipment and where such items are
not intended for immediate sale; but does not include items ancillary to a residential
use, such as, but not limited to, firewood for on-site consumption.
Owner means a person or an organization of persons owning or having the legal right
to use the land under consideration.
Permitted Use means a use that is listed within the permitted use classes set out in the
use zone tables of an authority's development regulations.
Personal Service means a business use involved with the provision of a personal
service to the general public for monetary gain, such as a repair shop, dry cleaning
establishment, barber shop, tattoo shop, or tailor.
Place of Worship means a place dedicated to religious worship and may include, but
is not limited to, halls or auditoriums for religious gathering, accessory office space for
administrators, day nurseries operated for patrons, and classroom space for religious
instruction.
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.
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f
Provincial
Reg. 4(r)
Rear Yard Depth means the distance between the rear lot line and the rear wall of the
main building on a lot.
Recreational Vehicle means a vehicle intended as temporary accommodation for
travel, vacation, or recreational use. Such vehicles may include, but are not limited to, a
motor home, fold-down camping trailer, truck camper, holiday trailer, or fifth wheel
travel trailer, but does not include any vehicle that is derelict or a mobile home.
Restaurant means a building or part thereof where food and/or drink intended for
immediate consumption is prepared and served to the public.
Dine-in Restaurant means a restaurant or part thereof where food
and/or drink may be consumed within the building or on an attached,
formalized outdoor space.
Take-out Restaurant means a restaurant or part thereof that does not provide
facilities for consumption of food or drink on the premises, or only provides
informal outdoor eating facilities such as picnic tables.
Salvage means waste or surplus automobiles, transportation vehicles, or industrial
equipment, including any parts or pieces that have been removed, for the purposes of
disposal or future use.
Salvage Yard means any commercial premise where the receipt, storage, sale, resale
and processing of salvage occurs.
School, Educational means the use of a building or part thereof as an educational
establishment, whether public or private, intended for the academic instruction of
students up to the completion of Grade 12, and may include elementary schools, junior
high schools, high schools, and consolidated schools, but does not include daycares
as the main use
School, Commercial means the use of a building or part thereof as an educational
establishment, whether public or private, intended for instruction in extracurricular
activities and/or vocational skills and shall include, but is not limited to, dance schools,
music schools, sports schools, driving schools, culinary institutes, hair schools,
computer schools, and other similar schools, but does not include post-secondary
schools.
School, Post-secondary means the use of a building or part thereof as a degree- or
diploma-granting public educational establishment intended for the academic
instruction of students after the completion of Grade 12.
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JJfo
Provincial
Reg. 4{s)
-1?
Provincial
Reg. 4{q)
Seasonal Residence means a dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
Service Station means any land or buildings used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of
automobiles.
Shop means a building or part thereof used for retail trade wherein the primary
purpose is the selling or offering for sale of goods, wares or merchandise by retail or
the selling or offering for sale of retail services but does not include, an amusement
use, a general garage, a service station, or a convenience store.
Shopping Centre means a group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing a minimum
of 5 retail establishments.
Side Yard Depth means the distance between the side lot line and the nearest side
wall of a building on the lot.
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.
Small Option Home means a family home, group care facility, or similar facility for the
non-medical care for up to six persons in need of personal services, supervision, or
assistance essential for sustaining the activities of daily living or for the protection of the
individual, but does not include a facility licensed by Corrections Canada or
Department of Justice and Public Safety or successor bodies.
Solar Collector System means a structure or array of structures, and ancillary
equipment, designed to collect solar radiation and convert it to useable forms of
energy. Without restricting the generality of this definition, solar collector system may
include evacuated tubes, flat plate collectors, concentrating mirrors, and building-
integrated photovoltaic materials but does not include windows or greenhouses.
Special Care Use means a use or building designed for people seeking assisted home
care by the content and layout of the structure (size, number of bedrooms, shared
kitchens, etc.), provisions for common dining facilities, recreation areas, lounges,
libraries, respite units, and the accessibility of all units and facilities for persons living
with disabilities.
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Provinci,
Reg. 4(1)
Provinci,
Reg. 4{u)
Rural Planning
Reg. 2{q)
Reg. 4{v)
Reg. 4{w)
Provinci,
Reg. 4{x)
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.
Subdivision means the dividing of land, whether in single or joint ownership into 2 or
more pieces for the purpose of development.
Tavern means a building licensed or licensable under the Liquor Control Act wherein
meals and food may be served for consumption on the premises and in which
entertainment is provided.
Temporary Use means a use established for a limited duration with the intent to
discontinue such use upon the expiration of the time period.
Town means, where the context dictates, either the geographical areas within the
Town of Cartwright, the geographical areas within the Town of Cartwright Planning
Area, or the body corporate of the Town of Cartwright.
Use means a building or activity situated on a lot or a development permitted on a lot.
Use Zone or Zone means an area of land including buildings and water designated on
the zoning map to which the uses, standards and conditions of a particular use zone
table apply.
Variance means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable use
zone table of the authority's regulations.
Watercourse means any lake, pond, river, stream or other body of water.
Wetland means the land usually or at any time occupied by water, where the water
table is at or is just above the surface of the land either permanently or intermittently,
depending upon the class of the wetland which includes bogs, fens, marshes, swamps
and shallow water zones along shorelines of bodies of water.
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.
Town of Cartwright Development Regulations 2024
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Provinc ial
Reg. 4(y)
Front Yard means the yard
extending across the full lot width,
between the front lot line and the
nearest wall of any main structure
on the lot.
Rear Yard means the yard
extending across the full lot width,
between the rear lot line and the
nearest wall of any main structure
on the lot, excluding any area of the
lot this is a flanking yard.
Side Yard means the yard between
the front yard and the rear yard, and
between the side lot line and the
nearest wall of any main structure
on the lot.
Flanking Yard means a yard
between any wall of the main
building and a flanking lot line,
excluding any areas of the lot that is
a front yard.
AbulllngYard
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AbulllngYanl
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Abutting Yard means the yard of an abutting lot which shares a lot line of
subject property.
Zoning Map means the map or maps attached to and forming a part of the authority's
regulations.
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3.
Administration
3.1.
Permit Required
3.1.1.
Unless otherwise stated in these Regulations, no person shall undertake
a development or subdivision of land within the Cartwright Planning Area
without first obtaining a permit from Council.
3.1.2.
Applications for a development permit within 100.0 metres of the centre
line of Highway 516, between the Planning Area's western boundary up
to Airstrip Road (516-2), shall also be submitted to Digital Government
and Service NL for review under the authority of the Protected Road
Zoning Regulations.
3.2.
Decisions of Council
3.2.1.
Decisions made by Council regarding a permit shall be made in writing,
and state the reasons for a refusal of, or conditions attached to, a permit.
Council shall also advise the person to whom the decision applies of their
right to appeal, in accordance with the Act.
3.2.2.
Council may, in its discretion, and as a result of its consideration of the
matters set out in the Development Regulations, conditionally approve or
refuse an application to carry out development. Council shall take into
account the policies expressed in the Municipal Plan and any further
scheme, plan or Regulations pursuant thereto, and shall assess the
general appearance of the area, the amenity of the surroundings,
availability of utilities, public safety and convenience, and any other
considerations which are, in its opinion, material, and notwithstanding the
conformity of the application with the requirements of these Regulations.
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3.3.
Permit to be Issued
3.3.1.
Subject to Section 3.4, a permit shall be issued for development within
the Planning Area if it conforms to:
(a)
the policies expressed in the Municipal Plan and any further
scheme, plan, or regulation pursuant thereto;
(b)
the standards set out within these Regulations;
(c)
the standards set out in the National Building Code of Canada
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; and
(d)
the standards of design and appearances established by Council.
3.4.
Permit Not to be Issued in Certain Cases
3.4.1.
In considering an application for a permit or for Approval in Principle to
carry out development, Council shall consider the policies expressed in
the Municipal Plan and any further scheme, plan, or regulations made
under the polices of the Plan.
3.4.2.
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 of Council, it is premature by reason
of the proposal:
(a)
conflicting with the matters considered under Subsection 3.3.1 ;
(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;
(ij
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.
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3.5.
Developments Not Requiring a Development Permit
3.5.1.
The following developments shall not require a development permit:
(a)
Interior renovations that do not change the land use, volume or
exterior dimensions of the building, or number of dwelling units.
(b)
Except on registered heritage buildings, exterior renovations that
do not change the land use, volume or exterior dimensions of the
building, or number of dwelling units.
(c)
Personal offices or studios meeting the requirements of 4.14.1.
(d)
Instruction of one student at a time meeting the requirements of
4.14.3.
(e)
Exempt signage as outlined in 6.5.
3.5.2.
For greater clarity, developments not requiring a development permit shall
still comply with the requirements of these Regulations and other permits
may still be required. Applicants should inquire with the Town prior to
undertaking any development.
3.6.
Application Requirements
3.6.1.
Every application for a development permit shall be made in writing on an
approved form and shall include:
(a)
the signature of the registered land owner or their duly authorized
agent;
(b)
application fees in conformance with the fee schedule adopted by
Council;
(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,
(ij
any other information required in these Development Regulations.
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3.6.2.
Site plans prepared for a development permit application shall be drawn
to an appropriate scale and showing information as required by Council,
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 and private roads;
(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;
(t)
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;
G)
north arrow, scale, date of drawing, and identity of drawing author;
and,
(k)
other such information as may be necessary to determine whether
or not every such development conforms with the requirements of
these Regulations.
3.6.3.
In addition to the requirements of Subsection 3.6.1, an application for an
approval of a subdivision shall provide the following information:
(a)
the proposed land use of the subdivision;
(b)
a site survey prepared and stamped by a Newfoundland Land
Surveyor;
(c)
the proposed method of water and sewer services;
(d)
the proposed street access and layout of internal streets and lots,
where applicable;
(e)
the proposed public open spaces if applicable; and,
(t)
any other requirements established in these or other Municipal,
Provincial or Federal Regulations.
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3.6.4.
Council may, as part of a development application and prior to the
issuance of a permit, 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)
geotechnical study;
(g)
site grading plan;
(h)
traffic impact assessment or study; and/or
(i)
groundwater supply study.
3.7.
Development Permit for Temporary Uses
3. 7 .1.
Council 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.
3.8.
Register of Application
3.8.1.
The Town shall keep a public register of all applications for development,
including Council's decision on each application and the result of any
appeal from that decision.
3.9.
Time Period for Approval
3.9.1 .
An application properly submitted in accordance with these Regulations
shall be determined within eight (8) weeks of the receipt by Council.
3.9.2.
Where no decision on an application has been made within eight (8)
weeks of its submission, the application shall be deemed to be refused.
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3.10.
Deferment of Application
3.10.1.
Notwithstanding Section 3.9., Council may defer consideration of an
application where additional information or consideration is required.
3.10.2.
Council may defer decisions on an application within a specified area
where Council has directed that a planning study or other similar study
pertaining to the future use and development of the specified area be
undertaken.
3.10.3.
Council shall notify the applicant that a deferral has been made and the
reason for deferral.
3.11.
Approval in Principle
3.11.1.
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 Section 3.6.; and,
(d)
any additional information that may be required by Council.
3.11.2.
Council may issue an Approval in Principle if it determines the application
conforms to the Municipal Plan and these Regulations.
3.11.3.
An Approval in Principle shall be valid for two (2) years.
3.11.4.
No development shall be carried out under an Approval in Principle.
3.11.5.
Council 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.
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3.12.
Approval
3.12.1.
Approval for an application shall be granted by Council in the form of a
development permit for applications approved under these Regulations.
3.12.2.
A plan or drawing that has been approved by Council 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; and,
(c)
compliance with all conditions attached to an approval or a permit.
3.12.3.
Council may attach to a permit or to Approval in Principle such conditions
as it deems fit to ensure that the proposed development will be in
accordance with the purpose and intent of these Regulations.
3.12.4.
A development permit shall be valid for one (1) year. If the development
has not commenced, the permit may be renewed for a further period not
in excess of one (1) year, but a permit shall not be renewed more than
once.
3.12.5.
The approval of any application and plans or drawing, or the issue of a
permit shall not prevent Council from requiring the correction of errors, or
from ordering the cessation, removal of, or remedial work on any
development being carried that is in violation of this or any other
regulations or statute.
3.12.6.
No person shall erase, alter, or modify any drawings or specifications
upon which a permit to develop has been issued by Council.
3.12. 7.
There shall be kept available on the premises where any development is
being done for which a permit has been issued, a copy of the permit and
any plans, drawings, or specifications on which the issue of the permit
was based until completion of the development.
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3.13.
Revocation of Permit
3.13.1.
Council 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.
3.14.
Public Notice
3.14.1.
Council shall give public notice, at the applicant's expense, at least 14
days prior to rendering a decision on an application for:
(a)
a permit when a change in non-conforming use is to be
considered under Section 4.22.;
(b)
a permit when the development proposed is listed as a
discretionary use in the use zones;
(c)
a variance, as required by Section 3.27; or
(d)
at their discretion, Council may advertise an application to
undertake development should it be, in the opinion of Council,
advisable to do so.
3.15.
Right of Entry
3.15.1.
Council, or other persons authorized by Council, may enter upon any
public or private land and may at all reasonable times enter any
development or building upon the land for the purpose of making surveys
or examinations or obtaining information relative to the carrying out of any
development, construction, alteration, repair, or any other works
whatsoever that Council is empowered to regulate.
3.16.
Restoration to a Safe Condition
3.16.1.
Nothing in these Regulations shall prevent the restoration of any building
or structure to a safe condition, as determined by a designated official of
the Town.
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3.17.
Existing Structures and Uses
3.1 7.1.
A structure or use of land shall be deemed to be existing on the effective
date of these Regulations if:
(a)
it has lawfully been constructed;
(b)
has lawfully commenced;
(c)
is lawfully under construction; or
(d)
all required permits for its construction or uses were in force and
effect, except that this shall not apply unless the construction or
use is commenced within 12 months after the date of the latest
issuance of the required permits.
3.18.
Stop Work Order and Prosecution
3.18.1.
Where a person begins a development contrary or apparently contrary to
these Regulations, Council may order that person to stop the
development as per Section 1 02 of the Urban and Rural Planning Act,
2000.
3.18.2.
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 as per Section 1 02 of the
Urban and Rural Planning Act, 2000
3.18.3.
An order made under Subsection 3.18.1 shall be confirmed by majority
vote of the members of Council present at the next meeting of Council
after the order is made and if the order is not confirmed in this manner if
shall be considered cancelled.
3.18.4.
A person who does not comply with an order made under Subsection
3.18.1 is guilty of an offence under the provisions of the Act.
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3.19.
Service Levy
3.19.1.
Council may require an owner of property 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
carrying out of public works either on or off the site of the development.
3.19.2.
A service levy shall not exceed the cost, or estimated cost, including
finance charges to the Town, of constructing or improving the public
works referred to in Subsection 3.19.1 that are necessary for the real
property to be developed in accordance with the standards required by
Council and for uses that are permitted on that property.
3.19.3.
A service levy shall be assessed on the property based on:
(a)
the amount of real property benefitted by the public works; and,
(b)
the density of development made capable or increased by the
public works.
3.19.4.
Council may require a service levy to be paid by the owner of the
property:
(a)
at the time the levy is imposed;
(b)
at the time development of the property commences;
(c)
at the time development of the property is completed; or,
(d)
at such other time as Council may decide.
3.20.
Financial Guarantees by Developer
3.20.1.
Council may require a developer, before commencing a development, to
make such financial provisions and/or enter into such agreements as may
be required to 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.
3.20.2.
The financial provisions made under Subsection 3.20.1. may be in the
form of:
(a)
a cash deposit from the developer, to be held by Council;
(b)
an irrevocable Letter of Credit issued by a bank;
(c)
a performance bond provided by an insurance company or a
bank; or,
(d)
an annual contribution to a sinking fund held by Council.
Town of Cartwright Development Regulations 2024
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3.21.
Dedication of Land for Public Use
3.21.1.
Council may, for a development not involving a subdivision, require a
portion of the land to be developed to be conveyed to the Town for a
public purpose where public works are required to accommodate the
proposed development.
3.22.
Reinstatement of Land
3.22.1.
Council may order a developer, the occupier of a site, the owner, or any
of them to restore a site to the satisfaction of Council where:
(a)
a person has undertaken or commenced ~ building or other
development contrary to the Development Regulations;
(b)
a development permit has been revoked; or,
(c)
a temporary development permit has expired.
3.23.
Notice of Right to Appeal
3.23.1.
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)
manner of making an appeal and the address for the filing of the
appeal.
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3.24.
Appeal Eligibility
3.24.1.
A person or group of persons aggrieved by a decision of Council, or a
designated representative of Council, may appeal the decision to an
adjudicator where:
(a)
the decision is permitted to be appealed to an adjudicator under
the Act: or
(b)
the decision is permitted to be appealed under the regulations and
the decision relates to one or more of the following:
an application to undertake a development
i.
a revocation of an approval or a permit to undertake a
development; or
ii.
the issuance of a stop work order.
(c)
a decision of Council to adopt, approve or proceed with a plan, a
scheme, development regulations and amendments and revisions
of them is final and not subject to an appeal.
3.25.
Development Prohibited
3.25.1.
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.
Town of Cartwright Development Regulations 2024
28
f
Provincial
Reg. 12
f
Provincial
Reg. 13
3.26.
Variances
3.26.1.
Where an approval or permit cannot be given by an authority because a
proposed development does not comply with development standards set
out in development regulations, an authority may, in its discretion, vary
the applicable development standards to a maximum of 10% if, in the
authority's opinion, compliance with the development standards would
prejudice the proper development of the land, building or structure in
question or would be contrary to public interest
3.26.2.
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 1 0%.
3.26.3.
An authority shall not permit a variance from development standards
where the proposed development would increase the non conformity of
an existing development.
3.27.
Notice of Variance
3.27 .1.
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.
Town of Cartwright Development Regulations 2024
29
4.
General Standards
4.1.
Application of General Provisions
4.1.1 .
The provisions of Part 4 of these Regulations shall apply to all zones and
shall take priority over all zone requirements, unless otherwise specified.
4.2.
Access and Service Streets
4.2.1.
Access shall be located to the specification of Council so as to ensure
the greatest possible convenience and safety of the street system.
4.2.2.
Council 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 centre line of
any intersection.
4.3.
Accessory Buildings
4.3.1.
Unless otherwise prohibited, accessory buildings shall be permitted in all
zones, and shall be subject to the following regulations:
(a)
Accessory buildings shall be clearly incidental and complementary
to the use of the main buildings in character, use, and size.
(b)
Accessory buildings may be located on the same lot as the main
building to which it is accessory, or on an abutting lot where both
lots are under the same ownership.
(c)
Accessory buildings shall meet any use-specific requirements
outlined elsewhere in these Regulations.
(d)
Accessory buildings shall not be erected or placed upon any
easements.
(e)
Accessory buildings shall not be used for human habitation except
where a development permit has been acquired for a secondary
dwelling.
4.4.
Accessory Uses
4.4.1.
Where these Regulations provide for any land to be used or building to
be erected or used for a purpose, the purpose shall include any
accessory use. Such uses shall be clearly incidental and complementary
to the use of the main building and be contained on the same lot as the
main building or an adjoining lot where both lots are under the same
ownership.
Town of Cartwright Development Regulations 2024
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4.5.
Advertisements and Signage
4.5.1.
Advertisements and signage shall not be erected or displayed except in
accordance with Part 6 of these Regulations.
4.6.
Archaeological Assessment
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 the Provincial Archaeology Office,
Department of Tourism, Culture, Arts and Recreation for review to
determine if a Historic Resources Impact Assessment or other legislated
review is required under the Historic Resources Act, 1990. Council or the
Provinces Archaeology Office may require an assessment, and
assessments directed by Council, at the expense of the applicant, shall
be reviewed by the Provincial Archaeology Office. Council may, at their
discretion unless directed by the Provincial Archaeology Office or other
Provincial Department, apply conditions for the protection and
preservation of any archaeological resources.
4.6.2.
Where any public works project or development disturbs undeveloped
ground, Council may refer the project or development to the Provincial
Archaeology Office, Department of Tourism, Culture, Arts and Recreation
for review and consideration under the Historic Resources Act.
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4.7.
4.7.1.
4.7.2.
4.7.3.
4.8.
4.8.1.
4.9.
4.9.1.
Buffers
Where any industrial development permitted in any zone abuts an
existing or approved residential use or is separated from it by a road or
street only, the owner of the industrial development shall provide a buffer
strip not less than 5.0 metres wide between residential use and the
industrial property.
Where development is proposed that, in the opinion of Council, will have
a visual impact on a highway, viewscape, or abutting land use, Council
may require the owner of the site to provide a separation buffer to screen
the development.
Buffers required under Subsection 4.7.1. and Subsection 4.7.2. shall
include provision of such natural or structural barrier as may be required
by Council and shall be maintained by the owner or occupier, at their
expense, to the satisfaction of the Council.
Building Height
Except for accessory buildings, Council may permit the erection of
buildings of a height greater than that specified in the use zone but in
such cases the minimum front and rear setback requirements shall be
altered as follows:
(a)
The front setback shall be increased by 2.0 metres for every 1.0
metre increase in height.
(b)
The rear yard shall not be less than the minimum front setback,
calculated as described in Regulation 4.8.1 (a), above, plus 6.0
metres.
Building Height Exemption
Zone requirements for maximum building height shall not apply to church
spires, mosque qubbas or domes, minaret towers, water tanks, elevator
enclosures, stairwells, silos, flag poles, television or radio antennas,
commercial communication towers, ventilators, skylights, chimneys,
clock towers, tree houses, or public art.
Town of Cartwright Development Regulations 2024
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4.10.
Building Lines and Setback
4.10.1.
Council may, by resolution, establish building lines on an existing or
proposed street or service street and may require any new buildings to
be located on those lines, whether or not such building lines conform to
the standards set out in the land use zones.
4.11.
Comprehensive Development
4.11.1.
Council may permit comprehensive development on a specified parcel(s)
of land where development requires a level of oversight that cannot be
achieved through the standard development and permitting process,
through a Comprehensive Development Plan.
4.12.
Fences
4.12.1.
Fences shall be permitted in all zones.
4.12.2.
The maximum height of a fence shall be 2.0 metres.
4.13.
Heritage Properties
4.13.1.
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.
4.13.2.
A building, structure or land designated by a Council 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 Council specifically authorizing the alteration and in accordance with
the terms and conditions of the permit.
4.13.3.
When evaluating a proposal for alteration of a municipally registered
heritage property, as provided for by Subsection 4.13.2., Council shall
not authorize the alteration(s) unless Council is satisfied the proposal
does not harm the character defining elements of the property as outlined
in the property's statement of heritage value.
Town of Cartwright Development Regulations 2024
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4.14.
Home-based Businesses
Personal Office or Studio
4.14.1 .
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.
4.14.2.
No development permit shall be required for a personal office or studio.
Instruction of One Student at a Time
4.14.3.
Nothing in these Regulations shall prevent the use of a portion of any
dwelling or building accessory to a dwelling for the instruction of one
student at a time.
4.14.4.
No development permit shall be required for the instruction of one
student at a time.
Town of Cartwright Development Regulations 2024
34
Home-based Businesses
4.14.5.
Home-based businesses shall meet the following requirements:
Table 4-1.
Home-based Business Requirements.
(a) Pen11itted Uses·:
(b) Maximum Number
of On-site, Non-
resident Employees
(c) Maximum Floor
Area of Home-based
Business
(d) Outdoor Storage
and Display
(e) Retail Sales
i.
Art gallery and~;~~ . ·----, .. ~- ... -~-=-----· --· -
ii.
Office
iii.
Childoare facility-? or fewer dependents
iv.
Commercial school - 6 or fewer students
v.
Craft product workshop
vi.
Cultural and civic
-
vii.
Home offices ·
viii.
Household item service repair
ix.
Medical and prof8$Sional
x.
Personal service shop
2
25 percent of the gross floor area of the dwelling
unit or 50.0 square metres, whichever is less.
The maximum floor area shall not apply to child
care facilities.
Outdoor storage and displays shall not be
permitted.
Retail sales shall be permitted if they are related
to and incidental to the primary service being
provided by the home-based business.
4.14.6.
The principal operator of a home-based business shall reside in the
dwelling where the use is located.
4.14. 7.
A single, non-illuminated, free-standing sign, not exceeding 0.4 square
metres in area, shall be permitted for a home-based business.
4.14.8.
Accessory buildings may be used to contain a home-based business
provided the floor area of the business does not exceed 50.0 square
metres.
Town of Cartwright Development Regulations 2024
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4.15.
Livestock Structures and Uses
4.15.1 .
No structure designed to contain more than five (5) animal units shall be
erected or used unless it complies with the following requirements:
(a)
The structure shall be at least 600.0 metres from a residence,
except a farm residence or a residence which is a non-conforming
use in any zone in which agriculture is a permitted use class in the
use zones of these Regulations.
(b)
The structure shall be at least 60.0 metres from the boundary of
the property on which it is to be erected.
(c)
The structure shall be at least 60.0 metres from any watercourse
or protected watershed area.
(d)
The structure shall be at least 90.0 metres from the centre line of a
street.
(e)
The erection of the structure shall be approved by the Department
of Industry, Energy and Technology and the Department of
Environment and Climate Change.
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 setbacks, frontage, or lot area are less than that
permitted by these Regulations for the 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.
Town of Cartwright Development Regulations 2024
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4.17.
Lot Area and Size Exemption
4.17 .1.
Council may approve, as a discretionary use, 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.
4.17 .2.
Such approvals shall only be issued where the lot coverage is not
greater; and the setbacks 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.
Every main structure, except for those in the Watershed and
Environmental Protection (WEP) Zone and the Rural (R) Zone, shall be
located on a lot that abuts a publicly maintained road or highway or a
private road existing on December 6th, 2023, or forms part of a
Comprehensive Development Scheme.
4.19.
Landscaping and Screening
4.19.1.
All land except that used for structures and main uses, parking, and
vehicle access shall be landscaped and maintained by the owner or
occupier to the satisfaction of Council.
4.19.2.
Council may, in the case of existing unsightly development, order the
owner or occupier to provide adequate and suitable landscaping or
screening; and for this purpose, may require the submission of an
application giving details of the landscaping or screening, and these
Regulations shall then apply to that application.
4.19.3.
The provision of adequate and suitable landscaping or screening may be
made a condition of any development permit where, in the opinion of
Council, the landscaping or screening is desirable to preserve amenity or
to protect the environment.
4.19.4.
Council may require any applicant to provide a stormwater runoff plan,
prepared by a qualified professional at the applicant's expense, so the
development adheres to net-zero stormwater runoff standards, whereby
no net increase in stormwater runoff is caused as the result of a
development.
Town of Cartwright Development Regulations 2024
37
f
Provincial
Reg. 14
f
Provincial
Reg. 15
4.20.
Multiple Main Buildings
4.20.1.
Unless otherwise prohibited in these Regulations, any number of main
buildings may be located on the same lot, subject to applicable zone
requirements.
4.21.
Multiple Main Uses
4.21 .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.
4.22.
Non-conforming Uses
4.22.1.
Non-conforming uses shall be administered, and applications involving
non-conforming uses shall be processed, in accordance with the Urban
and Rural Planning Act, 2000, and Sections 4.23 to 4.26 of these
Regulations.
4.22.2.
If a non-conforming use ceases to operate for a period of more than
three (3) years, new uses shall conform to the requirements of the land
use zone in which it is located.
4.23.
Residential Non Conformity
4.23.1.
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.
4.24.
Notice and Hearings on Change or Use
4.24.1.
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 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.
Town of Cartwright Development Regulations 2024
38
~
Provincial
Reg. 16
~
Provincial
Reg. 17
4.25.
Non-Conformance with Standards
4.25.1.
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.
4.26.
Discontinuance of Non-conforming use
4.26.1.
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.
4.27.
Offensive and Dangerous Uses
4.27 .1.
No building or land shall be used for any purpose which may be
dangerous by causing or promoting fires or other hazards or which may
emit noxious, offensive or dangerous fumes, smoke, gases, radiation,
smells, ash, dust, grit, excessive noise or vibrations, or create any
nuisance that has an unpleasant effect on the senses unless its use is
authorized by Council and any other authority having jurisdiction.
4.27.2.
Any fuel tank with a nameplate storage capacity of 1,000 gallons or
greater shall require approval from the Department of Industry, Energy
and Technology.
4.28.
Outdoor Storage and Display
4.28.1.
Outdoor storage and display shall not be permitted in any front or
flanking yard in the Residential Mixed Use (RM) Zone or the Commercial
and Light Industrial (CLI) Zone and it shall not be visible from adjacent
streets or developments.
4.28.2.
The storage of salvage shall not be permitted on a lot where it is visible
from a public street.
4.29.
Parks, Playgrounds and Conservation Uses
4.29.1.
Nothing in these Regulations shall prevent the designation of
conservation areas or the establishment of non-commercial parks and
playgrounds uses in any zone.
Town of Cartwright Development Regulations 2024
39
4.30.
Protection of Community Trails and Footpaths
4.30.1.
Proposed development or the use of public right of way for access to
private property shall not be permitted where it would block or prevent
the use of traditional footpaths or winter trails administered by the
Labrador Transportation Grooming Subsidy, whether on private or public
property. Any proposed development which may impact a traditional
footpath or winter trail administered by the Labrador Transportation
Grooming Subsidy, shall be referred to the Labrador Affairs Secretariat.
4.30.2.
New development may be required to provide a separation buffer
between a proposed development and existing trail, pathway, or public
right of way.
4.30.3.
In considering applications for development adjacent to any existing trail,
including winter trails administered by the Labrador Transportation
Grooming Subsidy, Council may require that access to the trail from the
development be provided as a condition of development. Where
required, access shall be constructed and maintained to the
specifications established by Council.
4.31.
Secondary Dwellings
4.31.1.
Secondary dwellings shall meet the following requirements:
(a)
Only one (1) secondary dwelling shall be permitted on a lot.
(b)
If the secondary dwelling is located in a separate building:
i.
the secondary dwelling shall be located in the side yard or
rear yard;
ii.
the secondary dwelling shall only be permitted on a lot
containing a single dwelling; and
iii.
the secondary dwelling shall be subject to all other
requirements for accessory buildings.
4.31.2.
A secondary dwelling is not considered a separate main dwelling, but
shall have its own entrance separate from the main dwelling.
4.31.3.
Secondary dwellings shall not exceed a floor area of 80 square metres.
4.31.4.
Secondary dwellings shall not be counted towards the dwelling unit total.
Town of Cartwright Development Regulations 2024
40
4.32.
Service Stations
4.32.1.
Where permitted, development of an automobile service station and
garage shall meet the following requirements:
(a)
All gasoline pumps shall be located on pump islands designed for
such purpose.
(b)
Pump islands shall be set back at least 4.0 metres from the front
lot line.
(c)
Accesses shall not be less than 7.0 metres wide and shall be
clearly marked.
(d)
Where a service station is located on a comer lot, the minimum
distance between an access and the intersection of street lines at
the junction shall be 10.0 metres and the lot line between
entrances shall be clearly indicated.
4.33.
Servicing
4.33.1.
New plumbed buildings shall be connected to public 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. Council may
exempt structures in the Rural designation, lots currently not serviced by
the Town's central sewer and water systems, and industrial uses from
this requirement.
4.33.2.
Any new residential development or treatment systems connecting to the
municipal water and sewer system obtains approval under Section 36
and 37 of the Water Resources Act, 2002.
4.33.3.
Servicing shall be designed so as to sufficiently limit the number of lift
stations, subject to approval by the Engineer.
4.33.4.
Costs for the Engineer's review shall be at the applicant's expense.
4.33.5.
Where municipal water and sanitary sewer services are not available, on-
site well and septic systems are permitted provided approvals from the
appropriate authorities are obtained.
4.33.6.
Development utilizing on-site well systems shall, at the applicant's
expense, be required to assess groundwater quantity and quality in
conformance with the Provincial Department of Environment and Climate
Change Groundwater Supply Assessment and Reporting Guidelines for
Subdivisions Serviced by Individual Private Wells, 2009.
Town of Cartwright Development Regulations 2024
41
4.33. 7.
Where there is insufficient groundwater yield to support any development
that is proposed to depend on a well, Council shall refuse the
development.
4.33.8.
The Town shall not be required to extend municipal water or sewer
services beyond the municipal servicing boundary.
4.33.9.
No building or development shall be located in the right of way of electric
transmission lines or distribution lines under the ownership of NL Hydro.
4.33.10.
NL Hydro shall be provided easements for electrical services which shall
be shown on a development plan. Prior to any development, an applicant
should contact NL Hydro to identify any issues before development
commences.
4.34.
Side Yards
4.34.1.
A side yard shall be kept clear of obstruction and shall be provided on the
exposed sides of every building in order to provide access for the
maintenance of that building.
4.35.
Soil Removal, Deposit, and Site Grading
4.35.1.
The following activities shall require approval from Council where not part
of an approved development or mineral working:
(a)
Any land disturbance that involves removal or deposition of soil or
other material on a property.
(b)
Any alteration of hillsides with slopes greater than 15%.
(c)
Any excavation within a lot carried out so as to change the natural
grade established in the grading plan.
4.35.2.
For approved developments where the extraction of quarry materials is
occurring or may be expected occur, the Town shall send a copy of the
development permit to the 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, and peat.
4.35.3.
Where development is proposed on a site where the slope of the land is
greater than 15 percent or where the land is potentially subject to
flooding or any other hazard, Council shall require written approval from a
qualified professional, at the expense of an applicant, before
development may commence. Where flooding may be likely, referral to
the Provinces Water Resources Management Division shall be required.
Town of Cartwright Development Regulations 2024
42
4.36.
Solid Waste Disposal Buffer
4.36.1.
Council shall establish a 1 .6 kilometre buffer around any solid waste
disposal site, as regulated under the Environmental Protection Act.
Notwithstanding any of these Regulations, new residential development
shall not be permitted within 1.6 kilometres of any solid waste disposal
site.
4.37.
Street Construction Standards
4.37 .1.
New streets shall be constructed to the design and specifications
established by Council.
4.38.
Survey Control Monuments
4.38.1.
Development shall not disturb survey control monuments within the
Planning Area. For greater clarity, the GIS and Mapping Division shall be
contacted if any development or work has the potential to disturb a
survey control monument.
4.39.
Unsubdivided Land
4.39.1.
Development shall be prohibited on unsubdivided land unless sufficient
area is reserved to satisfy the setback 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.
4.40.
Wetland, Watercourse, and Coastal Setback
4.40.1.
No development shall be permitted within 15.0 horizontal metres of the
ordinary high water mark of any watercourse or wetland without approval
from the Department of Environment and Climate Change and, if aquatic
habitat is affected, from Fisheries and Oceans Canada.
4.40.2.
Council may require larger buffer areas around watercourses where
identified flood plains, steep slopes, or unstable soil conditions could
result in damage to watercourses and wildlife habitat as a result of
development. For the purpose of assessing applications in areas known
to be at risk of flooding, the ordinary high-water mark is considered to be
the 1 : 1 00-year flood level.
4.40.3.
No greenfield development shall be permitted within 30.0 horizontal
metres of an oceanic shore line composed of unconsolidated material
forming coastal cliffs or unconsolidated sediment on bedrock as
determined by a qualified professional.
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43
4.40.4.
A coastal vulnerability assessment is required for any development
proposed at or below the present 2 metre contour with respect to sea
level rise and coastal flooding. Such assessments shall be completed by
a qualified professional and reviewed by Council prior to development
approval.
4.40.5.
Prior to the issuance of a development permit, any application for
development in 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, 2002.
4.40.6.
Prior to development permit issuance any development commencing
pursuant to a permit issued under section 48 of the Water Resources
Act, 2002, conform to the requirements of the Environmental Control
Water and Sewage Regulations, 2003.
4.40.7.
Any infilling or dredging or other development along the coastline or
shore water zones must be conducted in accordance with the
appropriate legislation and policies, including Section 48 of the Water
Resources Act, 2002.
4.40.8.
Water crossings, bridges, culverts, stream diversions and stormwater
management devices shall be planned, designated, and constructed so
as to ensure that aquatic species habitat and passage is preserved,
protected, and where possible, enhanced.
Town of Cartwright Development Regulations 2024
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4.41.
Utilities
4.41.1.
Unless otherwise stated, any public utility that is essential for the actual
provision of a service, not including wind turbine generators, solar
collector systems, and telecommunication towers, shall be permitted in
any zone and shall be exempt from lot requirements and from setbacks.
These utilities include, but are not limited to, telephone switching centres,
electrical substations, sewage treatment facilities, and water supply
facilities.
4.41.2.
For greater clarity, uses not directly related to the provision of service
shall not be included in the exemptions of this Section, and shall only be
permitted in accordance with zone requirements. Such uses include, but
are not limited to, administrative offices and maintenance depots.
4.42.
Wharves, Slipways, Docks, and Stages
4.42.1.
Wharves, slipways, and docks shall be permitted in all use zones, subject
to the following requirements:
(a)
Wharves, slipways, and docks shall be permitted as a
discretionary use in all use zones.
(b)
Wharves, slipways, and docks shall be exempt from minimum rear
and side yard requirements.
(c)
applications for wharves, slipways, docks, and stages require
approval from the Province's Crown Lands Division in the form of
a Licence to Occupy the Shoreline Reservation.
(d)
For greater clarity, this section does not exempt applicants from
the Navigable Waters Protection Act or any other federal or
provincial legislation regulating coastal development.
4.43.
Zero Lot Line and other Comprehensive Development
4.43.1.
Council may, at its discretion, approve the erection of dwellings which are
designed to form part of a zero lot line development or other
comprehensive layout which does not meet the requirements of the use
zones, provided that the dwellings are designed to provide both privacy
and reasonable access to natural daylight and the overall density within
the layout conforms to the regulations and standards set out in the use
zones apply where the layout adjoins other development.
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4.44.
Development in Areas of Potential Hazard
4.44.1.
Council shall require an impact assessment composed by a qualified
professional for development applications received in areas which, in
Council's opinion, may pose hazard by means of flooding, landslides and
rock falls, avalanches, coastal erosion or climate change. Completed
impact assessments must be reviewed and approved by Council and
conditions added to approvals in principle or development permits
accordingly.
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5.
Automobile Parking
5.1.
Off Street Parking Requirements
5.1.1.
The minimum number of parking spaces to be provided for any building,
structure or use or occupancy that is erected, enlarged, or established,
shall conform to the following requirements:
Table 5-1 .
Minimum Off-Street Parking Requirements
Use Class
I
Minimum Off-Street Parking
Requirements
One (1) space per rental unit
Accommodation
Dwellings- Multi-unit
One (1) space per dwelling unit, plus
one (1) additional space
Dwellings - Single unit, Double,
Office
Dine-in Restaurant
Personal Service Shop
Take Out Restaurant
Shop
Special Care
One (1) space per dwelling unit
One (1) space per 50 m2 of gross
floor area
One (1) space per 20 m2 of gross
floor area
One (1) space per 50 m2 of gross
floor area
Three (3) spaces
One (1) space per 50 m2 of gross
floor area
Two (2) spaces, plus 0.5 space per
bed
5.1.2.
On lots containing more than one use, the number of required parking
spaces shall be the sum of the spaces required for each use in
Subsection 5.1.1.
5.1.3.
Where gross floor area is used to determine the number of required
parking spaces, as specified in Table 5-1, and the number of required
parking spaces results in a number with a fraction, the number is
rounded down to the nearest whole number, but there may not be fewer
than one (1) parking space.
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5.2.
Residential Off-Street Parking
5.2.1.
Parking of vehicles on residential lots shall be on the hard-surfaced area
of the lot approved for the off-street parking space or spaces. The
parking of vehicles shall not be permitted on the landscaped portion of
the front yard or flanking yard of the lot or property.
5.3.
Automobile Parking Space and Lot Standards
5.3.1.
Each required automobile parking space shall have a minimum width of
2.5 metres and a minimum length of 5.5 metres.
5.3.2.
The width of a driveway leading to parking or loading areas, or of a
driveway or aisle in a parking area, shall be a minimum of 3.0 metres for
one-way traffic and a minimum of 6.0 metres for two-way traffic, and the
maximum width of a driveway shall be 9.0 metres.
5.3.3.
Unless otherwise permitted in these Regulations, each automobile
parking space shall be independently accessible.
5.3.4.
Unless otherwise permitted in these Regulations, required automobile
parking spaces shall be located on the same lot as the use to which they
apply.
5.3.5.
Parking space for multi-unit dwellings shall be provided in the rear yard
where possible.
5.3.6.
Where, in these Regulations, parking facilities for more than four (4)
automobiles are required or permitted:
(a)
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;
(b)
any parking area shall be constructed and maintained to the
specifications of Council;
(c)
any lighting used for illumination of any parking area shall not be
directed or create glare on adjacent and surrounding properties;
(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 an attendant;
(e)
where a parking area abuts a residential zone or use, a natural or
structural barrier at least 1 .8 metres in height shall be erected and
maintained along all abutting lot lines;
(n
no part of any off-street parking area shall be closer than 1 .5
metres to the front lot line in any zone; and
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5.3.7.
Where, in the opinion of Council, strict application of the above parking
requirements is impractical or undesirable, Council may as a condition of
a permit require the developer to pay a service levy in accordance with
these Regulations in lieu of the provision of a parking area, and the full
amount of the levy charged shall be used by Council for the provision and
upkeep of alternative parking facilities within the general vicinity of the
development.
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6.
Sign age
6.1.
Permit Required
6.1.1 .
Subject to the provisions of Section 6.5 of these Regulations, no sign
shall be erected or displayed in the Planning Area unless a permit for the
sign is first obtained from Council.
6.1.2.
Application for a permit to erect or display a sign shall be made in
accordance with Part 3 of these Regulations.
6.1.3.
Any application for a sign along Route 516 or any other provincially
maintained road requires application to and a permit from Digital
Government Service NL under the Highway Sign Regulations, 85/99.
6.2.
General
6.2.1.
Where this Part is inconsistent with the regulations respecting advertising
signs on or near public highways made or administered by the Province
of Newfoundland and Labrador, the more restrictive regulations shall
apply.
6.2.2.
No signage shall be permitted to be erected or displayed within, on, or
over any highway or street reservation.
6.2.3.
No sign shall obstruct a means of ingress/egress from a door, window,
fire escape, or pedestrian or barrier-free access.
6.3.
Removal of Signs
6.3.1 .
Notwithstanding the provisions of these Regulations, Council may require
the removal of any sign which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour,
illumination, or structural condition; or,
{b)
detrimental to the amenities of the surrounding area.
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6.4.
Sign Maintenance & Abandoned Signs
6.4.1.
Every sign shall be kept in good repair and working order, and not
present a safety hazard.
6.4.2.
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.
6.4.3.
Signs shall be removed, at the cost of the sign's owner, within 30 days if
the use for which they advertise is discontinued.
6.5.
Exempt Signage
6.5.1.
The following signage may be erected or displayed in the Planning Area
without requiring a development permit:
(a)
on a dwelling or within the courtyard of a dwelling, a single
nameplate not exceeding 0.2 square metres in area;
(b)
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;
(c)
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;
(d)
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;
(e)
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 1.0 square metres;
(g)
signs placed by candidates for elections;
(h)
civic addressing signs;
(i)
signs posted by municipal, provincial, or federal government
agencies;
Town of Cartwright Development Regulations 2024
51
0)
one sign on the principal fa9ade 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 fac;ade or 3.0 metres, whichever is less.
(k)
signs associated with municipally-operated parks and trails; and,
(I)
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.
6.6.
Signs Prohibited in all Zones
6.6.1.
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
11STOP", "LOOK", "ONE WAY",
11DANGER", "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)
Signs that obstruct the vision of drivers or the effectiveness of any
traffic control device.
(c)
Signs painted on, attached to, or supported by trees, natural
stone formations, cliffs, or other natural features.
(d)
Signs painted on, attached to, or supported by utility poles.
(e)
Flashing signs.
(f)
Billboard signs.
6.7.
Approval Subject to Conditions
6. 7 .1.
A permit may only be issued for the erection or display of advertisements
that comply with the appropriate conditions and specifications set out in
these Regulations.
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6.8.
Signs for Non-conforming Uses
6.8.1.
Notwithstanding the provisions of Section 6.1 . , a permit may be issued
for the erection or display of a sign for a non-conforming use, provided
the advertisement 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 Council.
6.8.2.
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.
6.9.
On-site Signage Requirements
6.9.1.
The location, siting, and illumination of each on-site sign shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings,
natural or historic views, and the preservation of the amenities of the
surrounding area.
6.9.2.
Unless specified elsewhere in these Regulations, all on-site signs shall not
exceed the maximum building height of the use zone in which they are
located and shall not exceed 5.0 square metres in sign area.
6.10.
Off-site Signage Requirements
6.10.1.
Off-site promotional and advertising signage shall be subject to the
following provisions:
(a)
the sign(s) meet(s) all front, side, and rear yard setbacks for main
buildings for the zone in which the sign is located;
(b)
the height does not exceed more than 3.0 metres and the total
sign area of each sign does not exceed 3.0 square metres;
(c)
the sign shall not be placed on any property without permission
from said property owner; and
(d)
the location, siting, and illumination of each sign shall be to the
satisfaction of Council, having regard to the grade and alignment
of streets, the location of street junctions, the location of nearby
buildings, natural or historic views, and the preservation of the
amenities of the surrounding area.
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7.
Subdivision
7 .1.
General
7 .1.1.
Land within the Planning Area shall not be subdivided without first
obtaining a permit from Council and no such permit shall be issued
unless the provisions of these Regulations are satisfied.
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, Council 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 Council have been made in the application for a
supply of drinking water, a sewage disposal system, and storm drainage
system designed to the appropriate standards.
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 Council
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 Sections 3.19. and 3.20.
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54
7.5.
Issue of Permit Subject to Considerations
7 .5.1.
A permit shall not be issued when, in the opinion of Council and where
Council has not adopted standards or guidelines for such matters, 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, Council shall, without limiting the generality of
the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services,
and utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
(d)
the land use, physical form and character of adjacent
developmen_ts;
(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,
0)
prevailing winds;
(k)
visual quality;
(I)
community facilities;
(m)
energy conservation; and,
(n)
such other matters as may affect the proposed development.
7 .6.
Permit Required
7 .6.1.
Notwithstanding the approval of a subdivision by Council, a separate
permit shall be obtained for each building proposed to be erected in the
area of the subdivision for which a permit is required, and no permits 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 Council
in accordance with Section 3.6.
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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.
Notwithstanding the requirements of these Regulations, Council may
establish building lines for any subdivision street and require any new
building to be located on such building lines.
7.10.
Land for Public Open Space
7.10.1.
Before development commences, the developer shall dedicate to the
Town, at no cost to the Town, an area of land equivalent to 10 percent of
the gross area of the subdivision for useable public open space pursuant
to Section 37 of the Urban and Rural Planning Act, 2000.
7.10.2.
For the purpose of Subsection 7 .10.1 . ,
11useable public open space"
means land which:
(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; and
(c)
contains characteristics that provide public amenity, including, but
not limited to:
lands suitable for walking or hiking;
i.
lands suitable for public parks and playgrounds;
ii.
beaches suitable for public swimming;
iii.
vehicular access to navigable waters, suitable for boat
launching and retrieval; or,
iv.
land containing structures or building of significant
historical value to the community and usable for public
purposes.
(d)
shall be certified, in a form acceptable to the Town, as being free
of all encumbrances.
7 .10.3.
The location and suitability of any land dedicated under the provisions of
these Regulations shall be subject to the approval of Council but in any
case, Council shall not accept land which, in its opinion is incapable of
development for any purpose.
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56
7 .10.4.
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 .10.5.
Pursuant to Section 37(3) of the Urban and Rural Planning Act, 2000,
Council 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:
value of land required by Council= (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 .10.6.
Money received by Council in accordance with Subsection 7 .10.5. shall
be reserved by Council for the purpose of the acquisition or development
of land for public open space or other public purposes.
7 .10. 7.
Land dedicated for public use in accordance with this Regulation may be
sold or leased by Council 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 .10.8.
Council may require a strip of land to be reserved and remain
undeveloped along the banks of any river, brook, pond, lake, or coastline
and this land may, at the discretion of Council, constitute the requirement
of the 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, fire alarm,
or sign post) shall receive the prior approval of Council, 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:
Table 7-1 .
(a)
The finished grade of local and arterial streets shall not exceed 10
percent.
(b)
New subdivisions shall have a street connection with at least one
existing street within the Planning Area.
(c)
All street intersections shall be constructed within five (5) degrees
of a right angle and this alignment shall be maintained for 30
metres from the intersection.
(d)
No street intersection shall be closer than 60.0 metres to any
other street intersection, measured from the centre of each
intersection.
(e)
No more than four (4) streets shall join at any street intersection.
(~
No residential street block shall be longer than 400.0 metres
between street intersections, measured from the centre of each
intersection.
(g)
Streets shall conform to the following minimum standards:
Residential subdivision road standards
Type of Street
Minimum
Street
Reservation
Minimum Surface
Minimum
Width for Two-way
Sidewalk
Sidewalk Number
Traffic
Width
Arterial
30m
15 m
2m
Discretion of Council
Collector
20m
15 m
2m
Discretion of Council
Local Residential
15 m
9m
1.5 m
Discretion of Council
Service Streets
15 m
9m
1.5 m
Discretion of Council
(h)
No lot intended for residential purposes shall have a depth
exceeding four times the frontage.
(i)
Council may require any existing natural, historical, or architectural
feature or part thereof to be retained when a subdivision is
developed.
u)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
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58
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)
200.0 metres in areas served by or planned to be served by
municipal piped water and sewer services, as shown in the map
and letter of agreement signed by the Town and the appropriate
provincial Ministers in connection with municipal five-year capital
works program eligibility.
(b)
300.0 metres in areas not served by or planned to be served by
municipal piped water and sewer services.
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 Council to service the area proposed to be developed or subdivided
shall be designed and prepared by or subject to approval by the
Engineer. Such designs and specifications shall, upon approval by
Council, be incorporated in the plan of subdivision.
7 .14.2.
Upon approval by Council of the proposed subdivision, the Engineer shall
certify all work of construction layout preliminary to the construction of
the works and thereupon the developer shall proceed to the construction
and installation, at 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 Council 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 Town all the Engineer's fees and charges
for the preparation of designs and specifications and for the layout and
supervision of construction; such as 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 Labrador 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 Council as being necessary, may, at
Council's discretion, be deferred until a later stage of the work on the
development of the subdivision but the developer shall deposit with the
Town before approval of their 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, Council 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
payments of the contract costs.
7 .16.3.
If the contract price is less than the deposit, Council shall refund the
amount by which the deposit exceeds the contract price. Any amount so
deposited with the Town by the developer shall be placed in a separate
savings account in a bank and all interest earned shall be credited to the
developer.
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7.17.
Transfer of Streets and Utilities to the Town
7 .17 .1.
The developer shall, following the approval of the subdivision of land and
upon request of Council, transfer to the Town, at no cost to the Town,
and clear of all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided
which are approved and designated by Council for public use as
streets, or other rights-of-way, or for other public use;
(b)
all services or public works including streets, water supply and
distribution and sanitary and storm drainage systems installed in
the subdivision that are normally owned and operated by Council.
7 .17 .2.
Before Council shall accept the transfer of lands, services or public works
of any subdivision, the Engineer shall, at the cost to the developer, test
the streets, services and public works installed in the subdivision and
certify their satisfaction with their installation.
7 .17 .3.
Council shall not provide maintenance for any street, service or public
work in any subdivision until such time as such street, service or public
work has been transferred to and accepted by Council.
7 .18.
Restriction on Sale of Lots
7 .18.1.
The developer shall not develop or dispose of any lot within a subdivision
for the purposes of development and no permit shall be issued until
Council 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 consider the grouping and orientation of
building types and landscaping, to the satisfaction of Council, in order to
enhance the visual aspect of the development and to make the most
efficient use of land, with consideration for topography and vegetation.
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61
8.
Zoning
8.1.
Zones
8.1.1 .
Land within the Cartwright Planning Area is divided into zones. The extent
and boundaries of each zone are shown on the Zoning Maps attached to
these Development Regulations, as detailed in Schedule 'B'.
8.1.2.
The zones, which are contained within designated land use areas as
defined in the Municipal Plan, are:
Commerciaf_and y~ht lndu_strial (CLJ) _t;cme
Comprehensive Development (CD) Zone
Heritage Protection (HP) Zone
Mixed Use (MU) Zone
Rural ·(R) Zone
Watershed and Environmental Protection (WEP) Zone
8.2.
Interpretation of Zone Boundaries
8.2.1.
The extent and boundaries of zones are shown on Schedule 'B' of these
Regulations and the appropriate provisions of these Regulations shall
apply to each zone.
8.2.2.
Boundaries between zones shall be determined as follows:
(a)
where a zone boundary is indicated as following a survey line as
recorded a deed, the boundary shall follow that line;
(b)
where a zone boundary is indicated as following a street, private
road, or highway, the centreline of the street, private road, or
highway shall be the boundary unless otherwise indicated;
(c)
where a zone boundary is indicated following a railway or utility or
street reservation, the centreline of the reservation shall be the
boundary unless otherwise indicated;
(d)
where the boundary is indicated as approximately following lot
lines, the boundary shall follow the lot lines;
(e)
where the zone boundary is indicated as following the shoreline of
a river, watercourse, lake or salt water body, the mean high-water
mark shall be the boundary; and
(f)
where none of the above provisions apply, Council shall scale the
zone boundary from the zoning map shown on Schedule 'B'.
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8.3.
Permitted Uses
8.3.1.
Subject to these Regulations, the uses that fall within the permitted use
classes set out in the appropriate use zones shall be permitted by
Council in that use zone.
8.4.
Discretionary Uses
8.4.1.
Subject to these Regulations, the uses that fall within the discretionary
use classes set out in the appropriate use zones may be permitted in that
use zone if:
(a}
Council is satisfied the development would not be contrary to the
general intent and purpose of these Regulations, the Municipal
Plan, or any following plan or regulations, and to the public
interest; and,
(b}
Council has given notice as required in Section 3.14. of these
Regulations.
8.5.
Prohibited Uses
8.5.1.
Uses that do not fall within the permitted or discretionary use or use
class, or are specifically identified as a prohibited use, shall not be
permitted in that use zone.
8.6.
Classification of Land Uses and Buildings
8.6.1.
Part 15 of these Regulations contains a table listing of classes of uses
and provides examples of specific uses for each use class. Using Part
15, Council can interpret a proposed use and determine whether it is
permitted, discretionary, or prohibited in the applicable use zone.
Town of Cartwright Development Regulations 2024
63
9.
Mixed Use (MU) Zone
9.1.
Permitted Uses
Child Care
Cemetery - Existing
Conservation
Double Dwelling
Home-based Business
Mobile Home
Recreational Open Space, limited to Parks,
Playgrounds, Playing Fields and Hiking Trails
Secondary Dwelling
Single Dwelling
Utilities
9.2.
Discretionary Uses
Accommodation
Antenna
Automotive Sales
Convenience Store
Cultural and Civic
Education, limited to public schools
Emergency Services
Dine-in Restaurant
Funeral Home
General Assembly
Office
Indoor Market
Lodging Establishment
Media Communications
Medical and Professional
Mineral Exploration (development)
Multi-unit Dwelling
Town of Cartwright Development Regulations 2024
64
Outdoor Market
Personal Service
Place of Worship
Seasonal Residence
Shop
Small Options Home
Special Care
Take-out Service
Tavern
Theatre
Lot Requirements
9.3.
9.3.1.
Except as otherwise permitted by these Regulations, Council shall not
issue a development permit for a use on a lot in the Mixed Use (MU) Zone
unless the following requirements are met:
R
.
t
Single, Double Multi-unit Dwelling,
All th
equ1remen
D
11.
S
. 1 C
o er uses
we mg
pec1a
are
Minimum Lot Area
450 m2
200 m2/unit
450 m2
Minimum Lot Frontage
15 m
15 m
15 m
Minimum Building Line
6m
6m
6m
Setback
Minimum Rear Yard
4m
4m
4 m
Minimum Side Yard
2m
2m
2m
Maximum Building Height
10 m
10 m
16 m
Maximum Lot Coverage
33%
33%
33%
9.3.2.
Notwithstanding Subsection 9.3.1 , land zoned Mixed Use (MU) shall be
subject to Service NL requirements, per dwelling unit:
Available Services
Required Lot Area
With on-site water supply and
sewage disposal services
Semi-serviced lot where either
water or sewage disposal is
provided off-site.
1860 m2 (minimum lot
width of 30 m)
1400 m2 (minimum lot
width of 23 m)
Town of Cartwright Development Regulations 2024
65
9.4.
One Main Building on a Lot
9.4.1.
Notwithstanding other regulations, only one (1) main building shall be
permitted on a lot in the Mixed Use (MU) Zone.
9.5.
Building Placement on a Lot
9.5.1.
Within the Mixed Use (MU) Zone, buildings shall have their primary
entrance oriented towards the street on which they front.
9.5.2.
The primary entrance of a building shall be accessible from the street on
which it fronts via paved or landscaped walkway.
9.6.
Convenience Stores
9.6.1.
Convenience stores shall be permitted in the Mixed Use (MU) Zone
where:
(a)
the store forms part of, or is attached to a dwelling;
{b)
the retail use is subsidiary to the residential character of the area,
and does not affect residential amenities of adjoining properties;
and
(c)
all other requirements of these Regulations, the Municipal Plan,
and any other plan, scheme, or regulation are met.
9.7.
Automotive Sales
9. 7 .1 .
An automotive sales use shall be permitted in the Mixed Use (MU) Zone,
at the discretion of Council, provided consideration is given to the scale
of the development relative to surrounding development and to the site
itself for any structures or uses, including outdoor areas used to store
automobiles. Council may prescribe the provision of buffers, determine
appropriate off-street parking requirements, and require measures to
ensure the safe and efficient movement of automobile traffic.
9.8.
Existing Cemeteries
9.8.1.
Existing cemeteries in the Mixed Use (MU) Zone shall be permitted but
shall not be permitted to expand pursuant to Municipal Plan Policy 4-70.
Town of Cartwright Development Regulations 2024
66
9.9.
Development Adjacent to Residential Uses
9.9.1.
Where a use, other than a residential use, is proposed adjacent to an
existing residential use, the provision of buffers, fencing, and/or
landscaping shall be required to minimize any adverse effects, to the
satisfaction of Council. Any buffers, fencing, or landscaping as may be
required shall be maintained by the owner or occupier, at their expense.
9.9.2.
Council may require additional site planning where a use, other than a
residential use, is proposed adjacent to an existing residential use so as
to maximize the distance between the non-residential use and an existing
or proposed residential use.
Town of Cartwright Development Regulations 2024
67
10.
Commercial and Light Industrial (CLI) Zone
10.1 .
Permitted Uses
Aquaculture
Cemetery - Existing
Conservation
Dine-in Restaurant
Indoor Assembly
Light Industry
Marine Transportation
Office
Outdoor Market
Recreational Open Space, limited to Parks,
Playgrounds, Playing Fields and Hiking Trails.
Service Station
Shop
Utilities
10.2.
Discretionary Uses
Antenna
General Industry
General Transportation
Media Communications
Mineral Exploration (development)
Outdoor Assembly
Take-out Service
Tavern
Town of Cartwright Development Regulations 2024
68
10.3.
Lot Requirements
10.3.1.
Except as otherwise permitted by these Regulations, Council shall not
issue a development permit for a use on a lot in the Commercial and
Light Industrial (CLI) Zone unless the following requirements are met:
Requirement
I All Permitted Uses
Minimum Lot Frontage
Minimum Rear Yard
Minimum Side Yard
Maximum Building Height
30m
5m
4m
15m
10.4.
Development Adjacent to Residential Uses
10.4.1.
Where a use, other than a residential use, is proposed adjacent to an
existing residential use, the provision of buffers, fencing, and/or
landscaping shall be required to minimize any adverse effects, to the
satisfaction of Council. Any buffers, fencing, or landscaping as may be
required shall be maintained by the owner or occupier, at their expense.
10.4.2.
Council may require additional site planning where a use, other than a
residential use, is proposed adjacent to an existing residential use so as
to maximize the distance between the non-residential use and an existing
or proposed residential use.
10.5.
Provincial Review of Applications
10.5.1.
Except for minor alterations that do not result in the expansion or
reconfiguration of a building's footprint, Council shall refer all applications
for development within the Commercial and Light Industrial (CLI) Zone to
the Arts and Heritage Divisions, Department of Tourism, Culture, Arts and
Recreation for review and consideration under the Heritage Resources
Act.
10.6.
Existing Cemeteries
10.6.1.
Existing cemeteries in the Commercial and Light Industrial (CLI) Zone
shall be permitted but shall not be permitted to expand pursuant to
Municipal Plan Policy 4-70.
Town of Cartwright Development Regulations 2024
69
10.7.
Minimum Yard Exception
Uses that functionally depend on access to the shoreline, as determined
by Council, shall be exempt from the minimum yard standards in Section
10.3. where the lot's yard coincides with the water's edge, but the use
shall be subject to all municipal, provincial, and federal regulations with
respect to development along the shoreline.
Town of Cartwright Development Regulations 2024
70
11 .
Rural (R) Zone
11.1 .
Permitted Uses
Agriculture Related Use
Agriculture Use
Cemetery - Existing
Conservation
Forestry
Recreational Open Space, limited to Parks,
Playgrounds, Playing Fields and Hiking Trails.
Utilities
11.2.
Discretionary Uses
Animal Facility
Antenna
Aquaculture
Cemetery
General lnctustry
Media Communications
Mineral Exploration (development)
Mineral Working
Mobile Home
Outdoor Assembly
Outdoor Market
Recreation Open Space - Campgrounds up to
15 campsites
Salvage Yard
Single Dwelling
Solar Collector Systems
Solid Waste Disposal
Town of Cartwright Development Regulations 2024
71
11.3.
Lot Requirements
11.3.1.
Except as otherwise permitted by these Regulations, Council shall not
issue a development permit for a use on a lot in the Rural (R) Zone unless
the following requirements are met:
Requirement
All Uses
Minimum Lot Area
Minimum Lot Frontage
Minimum Rear Yard
Minimum Side Yard
Maximum Building Height
11.4.
Discretionary Uses Evaluation
3,000 m2
50m
15 m
15 m
15 m
11 .4.1.
The discretionary use classes, including any associated accessory
buildings, listed in the Section 11.2. may be permitted at the discretion of
Council provided proper site evaluation is carried out with respect to the
preservation of on-site historic resources and with consent from the
Provincial Archeological Office.
11.5.
Mobile Homes and Single Dwellings
11 .5.1.
Mobile homes and single dwellings may be permitted as an accessory
use to an approved and operating forestry or agricultural use in the Rural
(R) Zone.
11.5.2.
Mobile homes shall:
(a)
be limited to a single mobile home per lot;
(b)
be placed on a permanent foundation to the satisfaction of
Council;
(c)
be oriented on the lot so that the long side of the structure faces
the front lot line;
(d)
include visual skirting around the base of the mobile home, so as
to screen the area located from grade to the base of the structure;
(e)
not be located on a flag lot; and
(~
be subject to the provincial Mobile Home Development
Regulations.
Town of Cartwright Development Regulations 2024
72
11.6.
Campgrounds
11.6.1.
Commercial uses, washroom facilities, laundromats, and similar facilities,
and parking areas and recreational areas shall not be located adjacent to
residential areas.
11.6.2.
All sites and facilities shall be only accessed by the internal driveway
network of the campground.
11.6.3.
All sites and facilities, including internal driveways, shall be a minimum of
100.0 metres from any residentially zoned properties.
11.6.4.
The development permit for a campground shall specify the maximum
number of units and sites-in the form of tents, recreational vehicles,
yurts, and so forth-that may be accommodated on the site at any one
time. This number shall not be exceeded without the issuance of a new
development permit.
11.7.
Mineral Working
11 . 7 .1.
All mineral workings, including pits, quarries and mines shall be subject to
the requirements of the appropriate permit, lease, or license issued by
the Mineral Branch, Department of Industry, Energy and Technology, for
development, operation, decommissioning, and rehabilitation. Where not
addressed in an applicable provincial permit, lease or license, mineral
working uses shall meet the following requirements at the cost of the
developer:
(a)
A buffer shall be required to screen mineral working visible from a
public street. A buffer may consist of a 30.0-metre-wide tree
screen, a landscaped berm, or as required by Council. Council
may waive the requirement for a buffer where natural topography
creates a visual screen between mineral workings and adjacent
public highways and streets.
(b)
Council may require the mineral working site or excavated area 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.
(c)
No mineral working or extraction activity shall be permitted within
50.0 metres of a waterbody or watercourse.
(d)
No mineral working shall result in the excavation of areas below
the level of the water table nor in any way cause the accumulation
or ponding of water in any part of the site. Settling ponds may be
permitted with the approval of the Department of Environment and
Climate Change.
Town of Cartwright Development Regulations 2024
73
(e)
Any mineral working use shall be kept clean of refuse, abandoned
vehicles, and abandoned equipment and any derelict buildings.
(~
During extended periods of shutdown, access roads to a mineral
working shall be ditched or barred to the satisfaction of Council.
(g)
All stumps, organic material and topsoil, including the rusty
coloured and iron stained layer, shall be stripped and stockpiled at
least 5.0 metres from uncleared areas and 10.0 metres from
active quarry or stockpile areas. The owner or operator shall
ensure that the quantity of the topsoil is not affected by dilution
with other materials.
(h)
Unless Council 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 shall be
located closer than the minimum distances set out below to the
specified development or natural feature:
Existing Residential Development or· ''
· areas proposed for Residential
Development where ah application for·
development has been submitted to
the Town:
> Where no blasting is involved
>-· W~ere,blast!rig is involved
Any area where commercial and
residential development is a permitted
use.
Public highway or street
Protected Road
Waterbody orwatercourse
Minimum Distance of Pit
and Quarry Workings
300m
1000m
300m
50m
90m
50m
11.7.2.
Where a permit to conduct a mineral working activity was issued prior to
the adoption of these Regulations, or where a minimum required distance
between uses was established, the mineral working activity shall not be
impeded or required to discontinue where development or zoning
changes encroach upon, or pass beyond the minimum required distance
between uses that was established prior to the adoption of these
Regulations.
Town of Cartwright Development Regulations 2024
74
11.8.
Mineral Working Site Rehabilitation
11.8.1.
Upon completion of any mineral working activity, at the cost of the
developer, the developer shall:
(a)
remove all buildings, machinery and equipment, from the site;
(b)
grade any slopes from the resulting mineral working activities to
less than 20 percent or to the slope conforming to the existing
conditions prior to the mineral working;
(c)
spread topsoil and any organic material that was removed over
the entirety of the mineral working area, and hydroseed the area
with plant species native to the Cartwright Planning Area; and,
(d)
ditch or gate the access road to the working area.
11.9.
General Industry
11.9.1.
General industry uses may be permitted by Council provided that the use
is restricted to maintenance and repair of equipment, processing, and
storage related to an approved mineral working use or forestry use.
11.9.2.
Council shall be satisfied the development will not adversely impact
adjacent residential developments and that it will not negatively affect the
Town's municipal water supply system.
11.10. Agricultural Uses
11.10.1.
All applications for agricultural development shall be submitted to the
Department of Fisheries, Forestry and Agriculture for review.
11 .11. Solid Waste Disposal
11.11 .1.
All applications for the expansion or creation of a solid waste disposal site
shall be submitted to the Department of Environment and Climate
Change for review.
11 .11 .2.
Where a solid waste disposal site is proposed to be expanded or
created, the provision of buffers, fencing, landscaping, and rodent control
shall be required to minimize any adverse effects, to the satisfaction of
Council. Any buffers, fencing, landscaping, or rodent control as may be
required shall be maintained by the owner and occupier, at their expense.
11 .11 .3.
Council may require additional site planning where a solid waste disposal
site is proposed to be expanded or created so as to minimize potential
land use conflicts.
Town of Cartwright Development Regulations 2024
75
12.
Heritage Protection (HP) Zone
12.1 .
Permitted Uses
Recreational Open Space, limited to Parks and
Hiking Trails
Conservation
12.2.
Discretionary Uses
Agriculture Use
Antenna
Cemetery
Light Industry
Marine Transportation
Utilities
12.3.
Lot Requirements
12.3.1.
Except as otherwise permitted by these Regulations, Council shall not
issue a development permit for a use on a lot in the Heritage Protection
(HP) Zone unless the following requirements are met:
Requirement
All Uses
Minimum Lot Area
Minimum Lot Frontage
Minimum Rear Yard
Minimum Side Yard
Maximum Building Height
3,000 m2
50m
15 m
15 m
15 m
12.4.
Permitted and Discretionary Uses Evaluation
12.4.1 .
The discretionary use classes, including any associated accessory
buildings, listed in the Sections 12.2. may be permitted at the discretion
of Council provided proper site evaluation is carried out with respect to
the preservation of on-site historic resources and with consent from the
Provincial Archeological Office.
Town of Cartwright Development Regulations 2024
76
12.5.
Decommissioned Military Site
12.5.1.
Council shall require any proposal for development to the
decommissioned US Military Site, known as the Cartwright Air Station, be
referred to the Environmental Assessment Division of the Department of
Environment and Climate Change and the Provincial Archaeology Office
for review.
Town of Cartwright Development Regulations 2024
77
13.
Comprehensive Development (CD) Zone
13.1.
Permitted Uses
Conservation
Existing Uses
13.2.
Discretionary Uses
Child Care
Double Dwelling
Home-based Business
Mineral Exploration (development)
Mobile Home
Recreational Open Space, limited to Parks,
Playgrounds, Playing Fields and Hiking Trails
Secondary Dwelling
Single Dwelling
Special Care
Utilities
13.3.
Lot Requirements
13.3.1.
Except as otherwise permitted by these Regulations, Council shall not
issue a development permit for a use on a lot in the Comprehensive
Development (CD) Zone unless the following requirements are met:
R
.
t
Single, Double All other
equiremen
O
11.
we mg
uses
Minimum Lot Area
450 m2
500 m2
Minimum Lot Frontage
15 m
15 m
Minimum Building Line Setback
6m
6 m
Minimum Rear Yard
4m
4m
Minimum Side Yard
2m
2m
Maximum Building Height
10 m
16m
Maximum Lot Coverage
33%
33%
Town of Cartwright Development Regulations 2024
78
13.3.2.
Notwithstanding Subsection 13.1 ., land zoned Comprehensive
Development (CD) shall be subject to Service NL requirements, per
dwelling unit:
Available Services
Required Lot Area
With on-site water supply and
sewage disposal services
Semi-serviced lot where either
water or sewage disposal is
provided off-site.
1860 m2 (minimum lot
width of 30 m)
1400 m2 (minimum lot
width of 23 m)
13.4.
Building Placement on a Lot
13.4.1 .
Within the Comprehensive Development (CD) Zone, buildings shall have
their primary entrance oriented towards the street on which they front.
13.4.2.
The primary entrance of a building shall be accessible from the street on
which it fronts via paved or landscaped walkway.
13.5.
Discretionary Uses
13.5.1.
The discretionary uses listed in Section 13.2. shall only be permitted
subject to a Comprehensive Development Plan being adopted by
Council.
13.5.2.
Costs associated with a Comprehensive Development Plan shall be the
responsibility of the applicant.
13.5.3.
A Comprehensive Development Plan shall include detailed analysis and
planning for land use, road layout, water and sewer servicing, parking,
site access, service access, pedestrian and automobile movement, and
landscaping.
13.5.4.
Any area subject to a Comprehensive Development Plan shall be deemed
suitable for development by the Town's Engineer prior to the issuance of
a development permit.
13.6.
Historic Resources
13.6.1.
Development plans shall be forwarded to the Provincial Archaeology
Office for review to determine if an Historic Resources Impact
Assessment is required.
Town of Cartwright Development Regulations 2024
79
14.
Watershed and Environmental Protection
(WEP)Zone
14.1 .
Permitted Uses
Conservation
Recreational Open Space, limited to Hiking Trials
14.2.
Discretionary Uses
Antenna
Forestry
Utilities
14.3.
Forestry Development
14.3.1 .
Forestry uses shall only be permitted if approved by the Department of
Environment and Climate Change Water Resources Division.
14.4.
Permanent Structures
14.4.1.
Permanent structures shall only be permitted when they are owned or
installed by the Town and intended for the preservation of the natural
environment, scientific research, or the operation of the municipal water
supply.
14.5.
Burdett's Pond Protected Water Supply Area
14.5.1.
Applications for development adjacent to or within the Burdett's Pond
Protected Water Supply Area, must be referred to the Province's Water
Resources Management Division {WRMD) regarding approval and
permitting under Section 39 of the Water Resources Act, 2002.
14.5.2.
Development adjacent to or within Burdett's Pond Protected Public
Water Supply Area must be in accordance and compliance with the
Province's Water Resources Management Division's (WRMD) policy for
Land and Water Related Developments in Protected Public Water Supply
Areas.
14.5.3.
Any development in the Municipal Planning Area that overlaps the
Protected Public Water Supply Area cannot be less restrictive than the
Provinces Water Resource Management Divisions Policy Directive for
Land and Water Developments in Protected Public Water Supply Areas.
Town of Cartwright Development Regulations 2024
80
15.
Use Class Table
Residential
Division
Use Class
Examples
Single Dwelling
>
Sinale Detached Dwellina
Secondary Dwelling
>
Secondary Suite
>
Backvard Dwellina
Double Dwelling
>
Duplex Dwelling
Residential Dwelling Uses
>
Semi-Detached Dwellinq
Row Dwelling
>
Row Houses
>
Town Houses
Multi-Unit Dwelling
>
Residential Complex (3 or
more units
>
Bed and Breakfast
Lodging Establishment
Establishment
>
Boarding House
>
Suooortive Housing
>
Summer Home and Cabin
General Residential Uses
Seasonal Residential
>
Hunting and Fishing Cabin
>
Bunkie
Home-based Business
>
Home-based Business
Vacation Rental
>
Short Term Rental
Mobile Home
>
Mobile Home
Assembly Uses
Division
Use Class
Examples
Performing Arts
Theatre
>
Movie Theatres
>
Theatres
>
Art Galleries
>
Libraries
>
Museums
Cultural and Civic
>
Meeting Rooms
>
Arts and Cultural Centres
>
Council Chambers
>
Court Rooms
>
Auditoria
>
Bowling Alleys
Assembly Uses
>
Community Halls
General Assembly
>
Dance Halls
>
Exhibition Halls
>
Fitness Clubs
>
Gymnasia
>
Lodae Halls
>
Colleges and Universities
Education
(non-residential)
>
Private Schools
>
Public Schools
Place of Worship
>
Church Halls
Town of Cartwright Development Regulations 2024
81
>
Places of worship and
associated community
facilities
>
Crematoria
Funeral Home
>
Funeral Homes and
Chapel
>
Columbaria
>
Day Care Centres
Child Care
>
Nursery Schools
>
Early Childhood Education
Services
Cemetery Uses
>
Cemeteries
>
Arena
>
Armories
Arena Type Uses
Indoor Assembly
>
Ice Rinks
>
Indoor Swimming Pool
>
Recreation Centre
>
Bleachers
>
Grandstands
>
Outdoor Ice Rink and
Open-air Assembly Uses
Outdoor Assembly
Swimming Pool
>
Amusement Parks and
Fair-grounds
>
Outdoor Stadium
>
Outdoor Concert Venue
Town of Cartwright Development Regulations 2024
82
Institutional Uses
Division
Use Class
Examples
>
Prisons
>
Jail
>
Police Stations (with
Penal and Correctional Uses
Penal and Correctional
detention quarters)
Detention
>
Mental health Facility (with
detention quarters)
>
Youth Correctional
Facilities
>
Personal Care Home
Special Care Uses
Special Care
>
Nursing Home
>
Assisted Living Residential
Complex
Medical Treatment Uses
Medical Treatment
>
Hospitals
>
Infirmaries
>
Fire Stations
Emergency Uses
Emergency Services
>
Ambulance Stations
>
Police Station (without
detention quarters)
Commercial Uses
Division
Use Class
Examples
>
Hotel
>
Motel
Accommodation Uses
Accommodation
>
Inn
>
Hostel
>
Tourist Cottages
>
Tourist Cabins
Office
>
Banks
>
Business Office
>
Clinic
>
Professional Offices
Medical and Professional
>
Medical Offices
>
Dental Office and
Surgeries
>
Barbers
>
Beauty Parlors and Salons
>
Domestic and Household
Business, Professional, and
Arts
Personal Service Uses
Personal Service
>
Hairdresser
>
Pet Grooming
>
Pet Sitting Services
>
Veterinary Clinic
>
Nail Salon
>
Tattoo Parlor
>
Dry Cleaning Drop-off
General Service
>
Laundromats
>
Small Tool and Appliance
Service and Repair
Media Communications
>
Radio Stations
>
Telephone Exchanoes
Town of Cartwright Development Regulations 2024
83
>
Television Studios
Shopping Centre
>
Shopping Centres
>
Strip Malls
>
Department Store
Shop
>
Retail Shops
>
Supermarkets
>
Auction Hall
Indoor Market
>
Exhibition Halls
>
Indoor Farmers Market
>
Animal Markets
Retail Sale and Display Uses
>
Fish Stalls
Outdoor Market
>
Market Grounds
>
Produce and Fruit Stand
>
Outdoor Farmers Markets
>
Flea Markets
Automotive Sales
>
Automotive Dealershios
>
Confectionary Stores
Convenience Stores
>
Corner Stores
>
Gift Shop
>
Soecialtv Shoos
>
Restaurants
Dine-in Restaurant
>
Bar
Food and Beverage Uses
>
Lounges
>
Caterina
Take-out Restaurant
>
Take-out Restaurant
>
Food Stand
Industrial Uses
Division
:
Use Class
Examples
>
Custom Workshops
>
Indoor Storage
>
Parking Garages
>
Recycling Depots
>
Warehouses and
Distribution Centres
Light, Non-hazardous or Non-
>
Wholesale Rooms
intrusive Industrial Uses
Light Industry
>
Light Manufacturing
>
Vehicle and Heavy
Equipment Sales
>
Gardening Supply and
Furniture Outlets
>
Boat and Marine Sales
>
Building Supply and
Masonry Product Sales
>
Aggregate-Related
Industries
General Industrial Uses
>
Aircraft Hangers
Involving Limited Hazardous
General Industry
>
Bulk Storage Facilities
Substances and processes
>
Cold Storage plants
>
Contractors' Yards
>
Concrete Plants
>
Orv Cleanina Services
Town of Cartwright Development Regulations 2024
84
>
Freight Depots
>
General Garages
>
General Manufacturing
>
Laboratories
>
Laundries
>
Planing Mills
>
Printing Plants
>
Sawmills
>
Large-scale Distilleries
and Breweries
Cannabis Production
>
Cannabis Production and
Processina
>
Gasoline and Fuel Bar
>
Gasoline and Fuel Service
Service Station
Station
>
Automobile Wash
>
Automotive Repair
>
Bulk Plants for Flammable
Liquids
>
Bulk Storage Warehouse
for Hazardous Substances
>
Chemical Manufacturing
Industry Uses Involving High
or Processing Plant
>
Dry-cleaning Plants
Combustible and Hazardous
Heavy Industry
Feed Mills
Substances and Processes
>
>
Lacquer, Mattress, Paint,
Varnish, or Rubber
Factories
>
Fossil-Fuel Power Plants
>
Spray Painting Operations
>
Wastepaper Processina
Animal Processing
>
Animal Processing
>
Abattoirs
Town of Cartwright Development Regulations 2024
85
Uses Not Directly Related to
Building
Agriculture Uses
Forestry
Mineral Working
xp oration
ment
Recreational Open Space
Conservation
Salvage Yard
Solid Waste Facility
Animal Facility
Antenna
>
Commercial Farms
>
Agricultural Related
Industries
>
Commercial Livestock
Operation
>
Hobby Farms
>
Market Gardens and
Nurseries
>
Silviculture
>
Tree Nurseries
>
Mines
>
Pits
>
Quarries
>
Mineral exploration
>
Minin
>
Campgrounds
>
Golf Courses
>
Hiking Trails
>
Parks
>
Playing Fields
>
Parks
>
Playgrounds
>
Sports Grounds
>
Tourist Trailer Parks
>
T em ora
Food Stand
>
Architectural Historical
Sites
>
Buffer Strips
>
Trails and Boardwalks
>
Scenic Lookout Sites
>
Watersheds
>
Wildlife Sanctuaries
>
Car Wrecking Yards
>
Junk Yards
>
Scrap Yards
>
Sera Dealers
>
Incinerators
>
Recycling Plant
>
Sanitary Land Fill
>
Solid Waste Dis osal
>
Animal Pounds
>
Kennels
>
Zoos
>
Cellular Communication
Towers
>
Satellite Dish Antenna
>
Transmitting and
Receiving Masts and
Antennas
Town of Cartwright Development Regulations 2024
86
>
Infrastructure Directly
Utilities
Related to Sewer, Water
and Electrical Servicing
Wind Turbines
>
Wind Turbines
Aquaculture
>
Aauaculture
>
Airfields
>
Passenger Stations and
General Transportation
Depots
>
Taxi Stands
>
Railway Yards
>
Boathouses
Marine Transportation
>
Docks and Harbours
>
Wharves
>
Marinas
Solar Collector
>
Solar Collector
Town of Cartwright Development Regulations 2024
87
16.
Schedules
Schedule 'A'
Planning Area
Schedule '8'
Zoning Map
Schedule 'C'
Provincial Development Regulations
Town of Cartwright Development Regulations 2024
88
.t ..
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Schedule 'A' - Planning Area
Town of Cartwright Development Regulations 2024
89
······-~
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Cartwright Plan Area
SCHEDULE
A
SCALE
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MlNISTER
1.000m
1: 60,000
LAST UPOATEO
2022.06.22
NOATH
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PROJ.
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CATA SOURCE
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Tow.i of Canw,lght
TOWN AUTHORIZATION
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LEGEND
PlanAma
PROFESSIONAL CERTI FICATION
UPL A ND
PU.,HINO - 0 1!$10H S f\1010
1489 HOilis Street. Level 2
Haifax. Nova Scotia
83J3M5
lntoOuplandstudio.ca
- 1 902 423 0649
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Schedule 'B' - Zoning Map
Town of Cartwright Development Regulations 2024
90
This page has been intentionally left blank~
Town of Cartwright Zoning
SCHEDULE
A
SCAlE
o._ __
s_,oo __ _.' ·ooo m , .so.coo
MINISTER
LAST UPDATED
2023-11-21
l'()RTH
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Ocvelopmen1 Regulai1onJ/Amei,dmen1
REGISTERED
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TOWN AI.JTHORIZATK>N
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Conlmerclal and Uj11t lnduSb'lat
Mixed Use
PAOFESSK>'IAL CERTIFICATION
1489 Ho:bs St, »vet 2
Haktu. NS
83J 3M<
lntoOuplandstucJo.ca
t 1 9J2 423 0649
C3 HP
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Hl"lltage ProtecbOn
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Munioc,al Plan Area Bo.inda,-y
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Town of Cartwright Zoning - Town Core
SCHEDULE
A
SCALE
150
MINISTER
300m
1:20.COO
LAST UPDATED
2023-11-21
NORTH
0
Dcvelo;,ment Rcgula11ons/Amcndment
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DATA SOURCE
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UPLAND P1annir.g.,. OH gn
TOWN AUT>-K'.>RIZATION
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Montn
LEGEND
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Commercial and l.Jgll lndustrlal
PROFESSIO\IAL. CERTIFICATION
1489 Ho:lis St. ktwl 2
Halrtax, NS
83J 3M4
lnfoOuplandsrucho.ca
t 1 902 423 0649
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Watershed and Em,onmertal Protection
Rur~I
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MuOOpal Plan Area Bo1.ndary
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Schedule 'C' - Provincial Development Regulations
Short title
1. These regulations may be cited as the Development Regulations.
Definitions
2. In these regulations,
(a)
11Act
11
, 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)
11authority
11 means a council, authorized administrator or regional
authority; and
(d) "development regulations
11 means these regulations and regulations
and by-laws respecting development that have been enacted by the
relevant authority.
Application
3. (1) These regulations shall be included in the development regulations of
an authority and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and
development regulations or other regulations of an authority, these
regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the
board, these regulations shall apply to that appeal.
Interpretation
4. (1) In development regulations and other regulations made with respect
to a planning area the following terms shall have the meanings
indicated in this section
(a) "access" means a way used or intended to be used by vehicles,
pedestrians or animals in order to go from a street to adjacent or nearby
land or to go from that land to the street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling,
located on the same lot as the main building to which it is an accessory
and which has a use that is customarily incidental or complementary to
the main use of the building or land,
(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)
11accessory use
11 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
11 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
11 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)
11discretionary use
11 means a use that is listed within the
discretionary use classes established in the use zone tables of an
authoritys development regulations;
(g)
11established 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)
11floor area
11 means the total area of all floors in a building measured
to the outside face of exterior walls;
(i)
11frontage
11 means the horizontal distance between side lot lines
measured at the building line;
0)
11lot
11 means a plot, tract or parcel of land which can be considered
as a unit of land for a particular use or building;
(k) "lot area" means the total horizontal area within the lines of the lot;
(I) "lot coverage
11 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
11 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)
11owner
11 means a person or an organization of persons owning or
having the legal right to use the land under consideration;
(o) "permitted use
11 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)
11sign
11 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)
11rear yard depth
11 means the distance between the rear lot line and
the rear wall of the main building on a lot;
(s)
11side yard depth
11 means the distance between the side lot line and
the nearest side wall of a building on the lot;
(t) "street
11 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)
11street line" means the edge of a street reservation as defined by
the authority having jurisdiction;
(v)
11use
11 means a building or activity situated on a lot or a development
permitted on a lot;
(w) "use zone" or
11zone
11 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
11 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
11 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.
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.
Appeal requirements
6. (1) The secretary of the board at the Department of Municipal and
Provincial Affairs, Main Floor, Confederation Building (West Block), P .0.
Box 8700, St. Johns, Nfld., A 1 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.
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.
Development prohibited
8. (1) Immediately upon notice of the registration of an appeal the
appropriate authority shall ensure that any development upon the
property that is the subject of the appeal ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting under
subsection (1 ).
(3) Upon receipt of a notification of the registration of an appeal with
respect to an order under section 102 of the Act, an authority shall not
carry out work related to the matter being appealed.
Hearing notice and meetings
9. (1) A board shall notify the appellant, applicant, authority and other
persons affected by the subject of an appeal of the date, time and place
for the appeal not fewer than 7 days before the date scheduled for the
hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its work in
an expeditious manner.
Hearing of evidence
10. (1) A board shall meet at a place within the area under its jurisdiction
and the appellant and other persons notified under subsection 9(1) or
their representative may appear before the board and make
representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43 of the
Act and these regulations.
(3) A written report submitted under subsection 43(2) of the Act
respecting a visit to and viewing of a property shall be considered to
have been provided in the same manner as evidence directly provided
at the hearing of the board.
(4) In the conduct of an appeal hearing, the board is not bound by the
rules of evidence.
Board decision
11. A decision of the board must comply with the plan, scheme or
development regulations that apply to the matter that has been
appealed to that board.
Variances
12. (1) Where an approval or permit cannot be given by an authority
because a proposed development does not comply with development
standards set out in development regulations, an authority may, in its
discretion, vary the applicable development standards to a maximum of
10% if, in the 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.
Notice of variance
13. Where an authority is to consider a proposed variance, that authority
shall give written notice of the proposed variance from development
standards to all persons whose land is in the immediate vicinity of the
land that is the subject of the variance.
Residential non conformity
14. A residential building or structure referred to in paragraph 108(3}(g) of
the Act must, where being repaired or rebuilt, be repaired or rebuilt in
accordance with the plan and development regulations applicable to
that building or structure.
Notice and hearings on change of use
15. Where considering a non conforming building, structure or development
under paragraph 108(3)(d) of the Act and before making a decision to
vary an existing use of that non-conforming building, structure or
development, an authority, at the applicants expense, shall publish a
notice in a newspaper circulating in the area or by other means give
public notice of an application to vary the existing use of a non-
conforming building, structure or development and shall consider any
representations or submissions received in response to that
advertisement.
Non-conformance with standards
16. Where a building, structure or development does not meet the
development standards included in development regulations, the
building, structure or development shall not be expanded if the
expansion would increase the non-conformity and an expansion must
comply with the development standards applicable to that building,
structure or development.
Discontinuance of non-conforming use
17. An authority may make development regulations providing for a greater
period of time than is provided under subsection 108(2) of the Act with
respect to the time by which a discontinued non-conforming use may
resume operation.
Delegation of powers
18. An authority shall, where designating employees to whom a power is to
be delegated under subsection 109(3) of the Act, make that designation
in writing.
Commencement
19. These regulations shall be considered to have come into force
on January 1, 2001.