Channel-Port aux Basques Development Regulations 2019-2029
Channel-Port aux Basques, Newfoundland and Labrador
· No. 2019-2029
· adopted 2020-02-26
· summary & facts
This is the exact embedded text of the captured official document.
Snapshot 7595ffa2de98 · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
TOWN OF CHANNEL-PORT AUX BASQUES
DEVELOPMENT REGULATIONS
2019-2029
Prepared by:
Boundridge Planning and Development Services (BPD) Inc.
St. John's, Newfoundland
October 2019
RESOLUTION TO APPROVE
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning
Act 2000, the Town Council of the Town of Channel-Port Aux Basques:
a)
adopted the Channel-Port Aux Basques Development Regulations 2019-2029 on the
26th day of February 2020.
b)
gave notice of the February 26, 2020 adoption of the Channel-Port Aux Basques Municipal
Plan 2019-2029 and Channel-Port Aux Basques Development Regulations 2019-2029 by
public notice of a Modified Public Hearing placed on the 4th day of May 2020 on the Town
of Channel-Port Aux Basques Municipal Council website and the Town of Channel-Port Aux
Basques Municipal Council Facebook page, and the posting of the public notices of a
Modified Public Hearing placed in food stores and pharmacies in the Town on the same
date.
c)
set the 5th day of June, 2020 at 1:00 P.M. for any interested person to submit a written
representation or objection to the Town Clerk for referral to the independent
Commissioner for consideration in the preparation of a Commissioner's Report to
Council; and confirms that one written objection (which included a request to meet with
the Commissioner) was received by the stated deadline, and that it was referred to the
Commissioner for his consideration in the preparation of his Commissioner's Report to
Council.
e)
confirms that a meeting of the Commissioner with the sole objector was held on July 7,
2020 to review his written objection and to provide him with an opportunity to
comment further on and to expand on any relevant information as to why the land use
designations and zoning of his property shown in the proposed Municipal Plan and
Development Regulations were or were not acceptable, and other issues.
f)
advises that the July 16, 2020 Commissioner's Report to Council reviewed the details of
the information presented at the July 7 meeting with the sole objector. The
Commissioner concluded that no changes to the proposed Municipal Plan and
Development Regulations were warranted as result of the objection and recommended
that Council approve the planning documents as they had been adopted on February 26,
2020.
... 2
2
RESOLUTION TO APPROVE
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the
Channel-Port Aux Basques Town Council approves. on the 13th day October 2020. the
Channel-Port Aux Basques Development Regulations 2019-2029 as adopted on February 26,
2020.
I +'-'
SIGNED AND SEALED this ---=-
((l-
day of NOVEMBER 2020
---
(Council Seal)
Provincial Registration
De\ clopn1c111 Regulations/Amendment
H.EGISTERED
RESOLUTION TO ADOPT
TOWN OF CHANNEL-PORT AUX BASQUES
DEVELOPMENT REGULATIONS 2019-2029
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town
Council of Channel-Port Aux Basques adopts The Town of Channel-Port Aux Basques
Development Regulations 2019-2029.
Made and adopted by tl;le Council of the Town of Channel-Port Aux Basques, on the 26th
day of February 2020.
n....
Signed and Sealed this ~
day o ~ ly 2020.
(Council seal)
Planner's Seal and Signature
Canadian Institute of Planners Certification
I certify that this Development Regulations has been prepared in accordance with the Urban
and Rural Planning Act, 2000.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
,·
TABLE OF CONTENTS
SECTION 1:
APPLICATION ............................................................................................... 1
1.1
Title .................................................................................................................................................. 1
1.2
lnterpretation ................................................................................................................................. 1
1.3
Town ............................................................................................................................................... l
1.4
Commencement ............................................................................................................................ 1
1.5
Municipal Code and Regulations ................................................................................................. 1
1.6
Council. ............................................................................................................................................ l
1.7
Delegation of Authority ................................................................................................................. 2
1.8
Enforcement ................................................................................................................................... 2
1.8.1
Enforcement - Right of Entry ....................................................................................................... 2
1.8.2
Record of Violations ...................................................................................................................... 2
1.8.3
Stop-Work Order and Prosecution .............................................................................................. 2
1.9
Provincial Development Regulations (Urban and Rural Planning Act 2000 - Ministerial
Development Regulations) ........................................................................................................... 2
1.10
Severability ..................................................................................................................................... 3
1.11
Amendments ................................................................................................................................. 3
SECTION 2:
DEFINITIONS AND CLASSIFICATION OF USES OF LAND
AND BUILDINGS ......................................................................................... 4
SECTION 3:
GENERAL REGULATIONS .................................................................... 29
3.1
Compliance with Regulations .................................................................................................... 29
3.2
Permit Required ........................................................................................................................... 29
3.3
Licenses, Permits and Compliance with Other By-laws .......................................................... 29
3.4
Approval to Develop/ Permit to be lssued .............................................................................. 29
3.5
Permit Not To be Issued in Certain Cases (Premature Development) ............................... 30
3.6
Discretionary Powers of Council ............................................................................................... 30
3.7
Variances ...................................................................................................................................... 31
3.8
Notice of Variance ....................................................................................................................... 31
3.9
Service Levy .................................................................................................................................. 31
3.10
Financial Guarantees and lnsurance ......................................................................................... 32
3.11
Dedication of Land for Public Use ............................................................................................. 33
3.12
Restoration of Land ..................................................................................................................... 33
3.13
Application ................................................................................................................................... 33
3.14
Regist er of Application ............................................................................................................... 34
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
3.15
Deferment of an Application ..................................................................................................... 34
3.16
Approval-ln-Principle .................................................................................................................. 35
3.17
Development Approval/Development Permit and Temporary Use Permit ........................ 35
3.18
Decisions of Council/Reasons for Refusing Permit ................................................................. 37
3.19
Discretionary Uses ....................................................................................................................... 37
3.20
Discretionary Development Assessment Report .................................................................... 37
APPEALS .................................................................................................................................................... 38
3.21
Notice of Right to Appeal ........................................................................................................... 38
3.22
Appeal Requirements ................................................................................................................. 38
3.23
Appeal Registration ..................................................................................................................... 38
3.24
Development Prohibited ............................................................................................................ 39
3.25
Board of Appeal ........................................................................................................................... 39
3.26
Appeals .......................................................................................................................................... 39
3.27
Hearing Notice and Meetings ..................................................................................................... 41
3.28
Hearing of Evidence ..................................................................................................................... 41
3.29
Return of Appeal Fee ................................................................................................................... 41
PUBLIC NOTIFICATION ............................................................................................................................ 42
3.30
Notice of Application -Variance, Non-Conforming Use, Discretionary Use ...................... .42
3.31
Notice of Application - Rezoning, Text Amendment ............................................................. .42
SECTION 4:
GENERAL DEVELOPMENT STANDARDS ................................. .44
4.1
Access Ramps and Decks ............................................................................................................ 44
4.2
Accesses and Service Streets ..................................................................................................... 44
4.3.1
Accessory Buildings - Residential. ............................................................................................. .45
4.3.2
Accessory Buildings - Non-Dwelling and Non-Apartment Building Uses ........................... .46
4.4
Accessory Uses ............................................................................................................................. 46
4.5
Advertisements (Signs) .............................................................................................................. 47
4.6
Archaeological Sites .................................................................................................................... 47
4. 7
Buffer Strips ................................................................................................................................. 47
4.8
Building Line and Setback, Complementary Yard Setbacks .................................................. 47
4.9
Building Near Highways .............................................................................................................. 48
4.10
Buildings on a Lot ........................................................................................................................ 48
4.11
Height Exceptions ........................................................................................................................ 48
4.12
Heritage Sites and Areas ............................................................................................................. 49
4.13
Lot Area ........................................................................................................................................ 49
4.14
Lot Area and Size Exceptions ...................................................................................................... 49
4.15
Lot to Front on a Public Road ...................................................................................................... 49
4.16
Lots - Development Over Easement .......................................................................................... 50
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
4.17
Non-Conforming Uses ................................................................................................................ 50
4.18
Offensive and Dangerous Uses .................................................................................................. 51
4.19
Off-street Loading and Parking Requirements and Reduction (Adaptive Re-Use) ............. 51
4.20
Parks and Playgrounds, and Conservation Uses ...................................................................... 51
4.21
Protected Road Zoning Regulations .......................................................................................... 52
4.22
Recreational Trails and Walkways ............................................................................................. 52
4.23
Residential Buffer ........................................................................................................................ 53
4.24
Screening and Landscaping ........................................................................................................ 54
4.25
Services and Public Utilities ........................................................................................................ 54
4.26
Site Development and Subdivision Development - Marine Coastline .................................. 54
4.27
Site Development - Grubbing, Filling-in or Excavation of Land ............................................ 55
4.28
Site Development - Quarry and Soil Removal. ........................................................................ 56
4.29
Site Development - Slope Greater than 15 Percent or 20 Percent ...................................... 56
4.30
Storage of Flammable Liquids .................................................................................................... 57
4.31
Street Construction Standards ................................................................................................... 57
4.32
Subsidiary Apartments ............................................................................................................... 57
4.33
Un-subdivided Land .................................................................................................................... 57
4.34
Waterways and Wetlands .......................................................................................................... 57
4.35
Fences .......................................................................................................................................... 59
SECTION 5:
SPECIFIC USE REGULATIONS ........................................................... 60
5.1
Adult Day Care Use (Non-Residential) ...................................................................................... 60
5.2
Adult Day Care Use (Residential) ............................................................................................... 60
5.3
Assisted Living Residential Home .............................................................................................. 61
5.4
Bed and Breakfast, Boarding House .......................................................................................... 61
5.5
Campground ................................................................................................................................ 62
5.6
Child Care (Daycare Centre) ....................................................................................................... 63
5.7
Child Care (Family) ....................................................................................................................... 63
5.8
Comprehensive Development ................................................................................................... 64
5.9
Convenience Stores ..................................................................................................................... 64
5.10
Family and Group Care Centres ................................................................................................. 64
5.11
Forestry and Trees ....................................................................................................................... 65
5.12
Medical Treatment and Special Care, and Seniors' Housing and Personal
Care Facilities ............................................................................................................................... 65
5.13
Mineral Exploration ..................................................................................................................... 66
5.14
Mineral Working .......................................................................................................................... 66
5.15
Home-Based Business ................................................................................................................. 70
5.16
Home Office Use .......................................................................................................................... 71
5.17
Non-Residential Buildings (Adjacent to Residential Areas) ............................................... 71
5.18
Open (Outdoor) Storage ............................................................................................................ 72
5.19
Mini Homes .................................................................................................................................. 72
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
5.20
Residential Uses - Agricultural Livestock Operations ............................................................. 73
5.21
Rental Storage Use ...................................................................................................................... 74
5.22
Service Stations and Gas Bars .................................................................................................... 74
5.23
Utilities-Windmills, Wind Farms, Other Energy Sources ...................................................... 75
5.24
Wind Turbines-Small Scale ....................................................................................................... 75
5.25
Telecommunications and Antennas .......................................................................................... 76
5.26
Scrap Yard (Salvage Yard) .................................................................................................. 76
SECTION 6:
SUBDIVISION OF LAND ....................................................................... 77
6.1
Permit Required and Sureties .................................................................................................... 77
6.2
Services to be Provided ............................................................................................................... 77
6.3
Payment of Service Levies and Other Charges ......................................................................... 77
6.4
Building Permit Required for Each ............................................................................................. 77
6.5
Issue of a Development Approval Subject to Considerat ions ................................................ 77
6.6
Form of Application ..................................................................................................................... 78
6.7
Subdivision Subject to Zoning .................................................................................................... 78
6.8
Building Lines ............................................................................................................................... 78
6.9
Minor Subdivisions ...................................................................................................................... 78
6.10
Major Subdivisions ...................................................................................................................... 79
6.11
Development Agreement ........................................................................................................... 79
6.12
Land for Public Use - Including Stormwater Management.. ................................................. 80
6.13
Structure in Street Reservation ................................................................................................. 81
6.14
Subdivision Design Standards .................................................................................................... 81
6.15
Engineer to Design Works and Certify Construction Layout.. ................................................ 82
6.16
Developer to Pay Engineer's Fees and Charges ....................................................................... 83
6.17
Street Works May Be Deferred .................................................................................................. 83
6.18
Transfer of Streets and Utilities to Authority ........................................................................... 83
6.19
Restriction on Sale of Lots .......................................................................................................... 84
6.20
Grouping of Buildings and Landscaping ................................................................................... 84
6.21
Lot Frontage Reduction - Subject to Access Plan ................................................................... 84
SECTION 7:
SIGNAGE (ADVERTISEMENTS) .................................................. 85
7.1
Intent ............................................................................................................................................ 85
7.2
Permit Required .......................................................................................................................... 85
7.3
Form of Application ..................................................................................................................... 85
7.4
Advertisements (Signs) Prohibited in Street Reservation ...................................................... 86
7.5
Permit Valid for Limited Period ................................................................................................. 86
7.6
Advertisements (Signs), Non-Compliant.. ................................................................................ 86
7.7
Removal of Advertisements (Signs) .......................................................................................... 86
7.8
Advertisements (Signs)- Non-Conforming Uses ...................................................................... 86
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
7.9
Prohibited Signs ........................................................................................................................... 87
7.10
Signs or Advertisements Not Specifically Covered ................................................................. 87
7.11
Signs or Advertisements Exempt from Control ....................................................................... 87
7.12
Temporary and/or Portable Signs (Advertisements) ......................................................... 88
7.13
Advertisements Relating to On-Site Uses ................................................................................ 89
7.14
Advertisements Relating to Off-Site Uses ................................................................................ 89
7.15
Advertisements and Signs near Highways ................................................................................ 90
SECTION 8:
OFF-STREET PARKING AND LOADING STANDARDS ....... 91
8.1.1
Off-Street Parking Requirements .............................................................................................. 91
8.2
General Parking Requirements .................................................................................................. 91
1. Schedule of Standards by Use ............................................................................................. 91
2. Drop-Off and Pick-Up Areas ................................................................................................. 93
3. Parking Spaces for Persons with Disabilities ..................................................................... 93
4. Parking Relief ......................................................................................................................... 93
8.3
Parking Area Standards ............................................................................................................... 93
1. Residential Off-Street Parking Spaces ................................................................................ 93
2. Non-Residential Parking Areas ............................................................................................ 94
3. Parking for More Than Four (4) Vehicles ............................................................................ 94
8.4
Levy ln-Lieu .................................................................................................................................. 95
8.5
Off-street Loading and Parking Requirement ......................................................................... 95
8.6
Adaptive Re-Use: Off-street Loading and Parking Requirements and Reduction ............. 95
SECTION 9:
USE ZONES ................................................................................................... 96
9.1
Identification of Zones ................................................................................................................ 96
9.2
Interpretation of Zone Boundaries ........................................................................................... 96
9.3
Classification of Land Uses and Buildings ................................................................................. 96
9.4
Permitted Uses ............................................................................................................................ 96
9.5
Discretionary Uses ....................................................................................................................... 96
9.6
Prohibited Uses ............................................................................................................................ 96
9.7
Uses Permitted in All Zones ........................................................................................................ 97
9.8
Standards and Conditions ........................................................................................................... 97
9.9
Use Zones ..................................................................................................................................... 97
9.10
Residential (RES) Zone ................................................................................................................ 98
9.11
Residential Medium Density (RMD) Zone .............................................................................. 102
9.12
Mixed Development (MD) Zone .............................................................................................. 105
9.13
Town Centre (TC) Zone ............................................................................................................. 110
9.14
Public (PU) Zone ........................................................................................................................ 115
9.15
Open Space (OS) Zone .............................................................................................................. 118
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
9.16
Commercial (COM) Zone .......................................................................................................... 120
9.17
Commercial Business Park (CBP) Zone ................................................................................... 124
9.18
Industrial (IND) Zone ................................................................................................................. 127
9.19
Rural (RUR) Zone ....................................................................................................................... 130
9.20
Environmental Protection (EP) Zone ...................................................................................... 135
9.21
Environmental Protection Management Unit (EPMU) Zone ............................................... 137
9.22
Protected Public Water Supply (PPWS) Zone ........................................................................ 139
9.23
Highway (HWY) Zone ................................................................................................................ 143
APPENDICES
Appendix A:
Appendix B:
Appendix C:
Land Use Zoning Maps
Provincial Development Regulations
(1)
Provincial Waterways and Wetlands Directives
(2)
Provincial Environmental Guidelines for Construction and Maintenance of
Wharves, Breakwaters, Slipways, and Boathouses
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
1
SECTION 1:
APPLICATION
1.1
Title
These Regulations may be cited as the Town of Channel-Port Aux Basques Development
Regulations 2019-2029.
1.2
Interpretation
Words and phrases used in these Regulations shall have the meanings ascribed to them in
Sections 2 and 5 of these Regulations, the Urban and Rural Planning Act 2000, the Minister's
Development Regulations, and the Protected Road Zoning Regulations. Words and phrases not
defined in these Regulations shall have the meanings which are commonly assigned to them in
the context in which they are used in the Regulations.
1.3
Town
In these Regulations, "Town" means the Council of the Town of Channel- Port Aux Basques.
1.4
Commencement
These Regulations come into effect throughout the Channel-Port Aux Basques Municipal
Planning Area, referred to as the Planning Area, on the date of publication of a Notice of
Registration to that effect in the Newfoundland and Labrador Gazette.
1.5
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and any other
ancillary code and any Building Regulations, Waste Disposal Regulation and/or any other
municipal regulations regulating or controlling the development, conservation and use of land in
force in the Town of Channel-Port Aux Basques, shall, under these Regulations apply to the entire
area within the boundaries of the Town of Channel-Port Aux Basques.
1.6
Council
In these Regulations, Council means the municipal council of the Town of Channel-Port Aux
Basques.
2
1. 7
Delegation of Authority
Council shall, where designating employees to whom a power is to be delegated to issue an order
under Subsection 109(3) of the Act, make that designation in writing.
1.8
Enforcement
1.8.1 Enforcement - Right of Entry
Council, or an Officer of Council, in accordance with Section 105 of the Urban and Rural Planning
Act, 2000 and the Municipalities Act, may enter upon any public or private Land, or 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.
1.8.2
Record of Violations
Every Officer of Council shall keep a record of any violation of these regulations which comes to
his/her knowledge and report that violation to the Town.
1.8.3
Stop-Work Order and Prosecution
1.
Where a person begins a Development contrary or apparently contrary to these
Regulations, Council or an Officer of Council may order that person to stop the
Development or any work connected therewith pending final adjudication in any
prosecution arising out of the Development.
2.
A person who does not comply with an order made under Subsection 1.8.3.1 is guilty of
an offence under the provisions of the Act.
1.9
Provincial Development Regulations (Urban and Rural Planning Act 2000- Ministerial
Development Regulations)
The Ministerial Development Regulations (Ministerial Regulations), enacted under Section 36 of
the Urban and Rural Planning Act, 2000, shall apply to development within the Planning Area.
Where there is a conflict between these Regulations and the Provincial Regulations, the
Provincial Regulations shall prevail. The full text of the Provincial Development Regulations has
been incorporated into the Channel-Port Aux Basques Development Regulations. (See Appendix
B)
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
3
1.10
Severability
If any section, sentence, clause, phrase, word or schedule of these Regulations is for any reason
held to be invalid by the decision of any Court of competent jurisdiction, the invalid portion shall
be severed and the decision that it is invalid shall not affect the validity of the remainder of these
Regulations.
1.11
Amendments
1. A person who seeks to have these Regulations amended:
a. Shall address a written and signed application to the Town;
b. Shall, where the application involves rezoning an area of land from one type of zoning to
another, include therewith:
(i)
a statement as to the ownership thereof;
(ii)
The signature of at least one owner of each parcel of land therein; and
c. Shall pay a non-refundable application fee of an amount prescribed by the Town and
payable to the Town of Channel-Port Aux Basques.
2. An application under this section shall include such information as may be required by the
Council for the purpose of adequately assessing the desirability of the proposal.
3. The Council may refuse to consider an application under this section that seeks to rezone an
area of land from one type of zone to another that has not been signed by one or more
owners of each property.
4. Where an application for rezoning of a property has been refused within the previous twelve
(12) months, Town Council will not entertain an application to rezone the same property
unless the proposed use is substantially different from the previous application.
TOW N OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
4
SECTION 2:
DEFINITIONS
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 .
[Provincial Reg. 4 (1) (a)]
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.
[Provincial Reg. 4 (1) (bl
ACCESSORY DWELLING UNIT means a Dwelling Unit for a caretaker or essential workmen
accessory to a permitted Use when the unit is included in the main Building or, in the case of land
extensive uses such as Agriculture, Forestry or Salvage Yards, when the Dwelling Unit is situated
on the same property as the use and forms part of the Use.
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.
[Provincial Reg. 4 (1) (cl
ACT unless the context indicates otherwise, means the Urban and Rural Planning Act, 2000.
[Provincial Reg. 2 (a)]
ADULT DAY CARE USE (NON-RESIDENTIAL) means a Building or part of a Building maintained for
the purpose of providing day care services and activities for adults.
ADULT DAY CARE USE (RESIDENTIAL) means a dwelling or part thereof in which day care services
and activities are regularly provided to adults not related to the resident operator.
ADVERTISEMENT/SIGN means any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part for
the purposes of advertisement, announcement or direction; excluding such things employed
wholly as a memorial, or functional advertisement of Councils, or other local authorities, public
utilities and public transport undertakers, and including any boarding or similar structure used or
adapted for use for the display of advertisements.
AGRICULTURE (COMMERCIAL) means horticulture, fruit, grain and seed growing, dairy farming,
bee keeping, the breeding or keeping of animals for food, skins, or fur, the use of Land, meadow
5
land, market gardens and nursery grounds and the use of Land for woodlands where that Use is
ancillary to the farming of the Land for any other purpose. Agriculture includes primary
processing of on-site products. For the purposes of these Regulations, Agriculture also includes
the keeping or boarding of horses. "Agricultural" shall be construed accordingly.
AGRICULTURE (URBAN) means the keeping of a limited number of birds, poultry, goats, or a
beehive on a residential Lot for the purposes of providing food for the personal consumption of
the occupants of the dwelling. For the purpose of these Regulations, Urban Agriculture does not
include home gardens.
AMENITY SPACE means a common area on a property that provides benefits to the occupants,
which increase the attractiveness, functionality and value of a property and which areas are
dedicated to passive and active recreational Uses, exclusive of parking lots and drive isles. Such
areas can include but are not limited to patios, decks, Swimming Pools, paths, leisure spaces or
lawns. Within a Building, hallway, elevators, stairways and exits are not considered Amenity
Space.
AMUSEMENT USE means the use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pinball games and slot
machine arcades, and billiard and pool halls.
ANIMAL GROOMING means a Building or part of a Building primarily engaged in providing
services involving the non-medical aesthetic care of animals including, but not limited to,
grooming, washing, styling, and trimming their coats, and may include day care, but does not
include a Kennel.
ANIMAL UNIT means any one of the following animals or groups of animals:
Beef Cattle x 2
Bull x 1
Dairy cow x 1
Heifers x 2
Veal x 5
Hogs x 6
Boars x 3
Sows x 3
Sow (F to F) x 1
Sheep (ewes) x 8
Sheep (lambs) x 16
Foxes (with litter) x 40
Goats x 7
Mink x 150
Rabbits x 200
Broiler Chickens x 500
Broiler Turkey x 70
Heavy Turkey x 60
Heavy Toms x 40
Pullets x 350
Laying Hens x 252
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
6
ANIMAL USE means the keeping of animals (including horses) intended as domestic pets and the
associated structures necessary to house them, including Kennels.
APARTMENT BUILDING means a building containing three (3) or more dwelling units but does
not include a row dwelling.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT means a person who has applied to the Authority for an approval to carry out a
Development.
APPROVAL-IN-PRINCIPLE means a preliminary approval of a Development conditional upon the
submission of additional plans and details before a Development Approval is issued.
ASSISTED LIVING RESIDENTIAL HOME means a residential Building designed for people seeking
assisted home care by the content and layout of the Dwelling Units (varying in size, number of
bedrooms, shared kitchens), provisions for common dining facilities, recreation areas, Amenity
Spaces, respite units, and the accessibility of all units and facilities to the physically challenged.
Provision of services such as day care for adults, housekeeping, personal care, meal programs,
physiotherapy, activity programs may also be provided. The Use includes Personal Care/Nursing
Homes but does not include a hospital.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic arteries of
the area, including a provincial highway or other road designed to accommodate through traffic.
ASSEMBLY OCCUPANCY means the occupancy use of a building, or part thereof, by a gathering
of persons for civic, political, travel, religious, social, educational, recreational or like purposes,
or for the consumption of food or drink
AUTHORITY means a council, authorized administrator or regional authority.
AUTO BODY SHOP means a Building or a clearly defined space on a Lot used for the storage,
repair and servicing of motor vehicles including body repair and painting but does not include an
automobile service station or an automobile sales establishment.
AUTOMOBILE REPAIR means the general repair, rebuilding, or reconditioning of engines, motor
vehicles, or trailers such as collision service; body repair and frame straightening; painting and
upholstering; vehicle steam cleaning; and undercoating.
AUTOMOTIVE VEHICLE SALES or RENTAL ESTABLISHMENT means a Building or an open area
occupied by an establishment having as its main use the storage of vehicles for sale or the storage
of vehicles for rent or lease. Accessory uses may include facilities for the repair or maintenance
of such vehicles.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
7
BASEMENT means:
a. That portion of a building partly underground but having less than one-half its clear height
below the average lot grade.
b. A portion of a building between two floor levels which is partly set underground but which
has at least one-half of its height, from finished floor to finished ceiling or to the
undersides of the floor joints of the storey next above, as the case may be, above the
adjacent average finished grade level adjacent to the exterior walls of the building.
c. A storey partly above curb level but having at least one-half of its height above the curb
level.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment for paid
temporary accommodation for up to sixteen (16) overnight guests that may include a dining room
for the use of overnight guests and their invitees. The establishment must be registered with and
receive a rating from Canada Select and also must be approved by the Provincial Department of
Tourism, Culture, Industry and Innovation as a Bed and Breakfast operation.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to persons
other than the immediate family of the owner or tenant; and in which kitchen and/or bathroom
facilities are used in common by some or all of the occupants.
BUILDING means:
a.
a structure, erection, excavation, alteration or improvement placed on, over or
under Land, or attached, anchored or moored to Land.
b.
mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar Uses.
c.
a part of and fixtures on buildings referred to in (a) and (b), and
d.
an excavation of Land whether or not that excavation is associated with the
intended or actual construction of a building or thing referred to in subparagraphs
(a) to (c).
[Urban and Rural Planning Act Section 2(c)]
BUILDING HEIGHT means the vertical distance, measured in metres, from Established Grade to
the:
a. highest point of the roof surface of a flat roof.
b. deck line of a mansard roof; and
c. mean height level between the eave and ridge of a gable, hip or gambrel roof;
and, in any case, Building Height shall not include mechanical structures, smokestacks, steeples,
and purely ornamental structures above a roof.
[Provincia l Reg. 4 (1) (d)]
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPM ENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
8
BUILDING LINE means a line established by Council that runs parallel to the Street Line and is set
at the closest point to a Street that a Building may be placed. [Provincial Reg. 4 (1) (e)J
CAMPGROUND means the use of land for the accommodation of travel trailers, recreational
vehicles, and/or tents.
CAR WASHING ESTABLISHMENT means an establishment used exclusively for washing or
cleaning motor vehicles for gain.
CATERING KITCHEN means a Building or part of a Building in which food and beverages are
prepared for consumption off the premises and are not served to customers on the premises or
to take out but does not include an Eating Establishment.
CATERING HALL (BANQUET HALL) means a Building or part of a Building operating as a
commercial establishment used for the purposes of catering to banquets, weddings, receptions
or similar functions for which food and beverages are prepared and served on the premises,
CEMETERY means the use of land primarily as landscaped open space in the placement of grave
sites, and where ossuaries, chapels and accessory buildings associated with a groundskeeper may
be incorporated.
CHILD CARE {FAMILY) means a Building or part of a Building in which services and care are
regularly provided to up to seven (7) children.
CHILD CARE (DAYCARE CENTRE or DAY NURSERY) means a Building or part of a Building in which
licensed child care services are provided to more than six (6) children at any one time in
accordance with the Child Care Services Act; but does not include a school as defined in the
Schools Act.
CLINIC means a Building or part of a Building used for medical, dental, surgical or therapeutic
treatment of human patients that does not include overnight facilities and does not include a
professional office of a doctor located in his or her residence.
CLUB (or Lodge) means a corporation, society or association of people which is the owner, lessee
or occupant, of an establishment used solely for objects of a cultural, recreational, social,
philanthropic, or athletic nature, but not operated for profit, and includes the land or buildings
occupied or used for those purposes.
COLLECTIVE RESIDENTIAL USE (Congregate Housing) means a type of housing in which each
individual or family has a private bedroom or living quarters but shares with other residents a
common dining room, recreational room, or other facilities. At Council's discretion, this could
include a Social Housing Initiative.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
9
COLLECTOR STREET means a street that is designed to link local streets with arterial streets.
COMMERCIAL SCHOOL means a School conducted for gain other than a private academic,
religious or philanthropic school; and includes the studio of a dance teacher or music teacher, an
art school, golf school, business or trade school and any other specialized school conducted for
gain.
COMMERCIAL USE means an occupation, employment or enterprise that is carried on for profit
by the owner, lessee, or licensee.
COMMUNICATIONS USE means any establishment or facility in the field of communications,
including newspapers; publishing companies; printing businesses; radio stations; television
stations; telephone and telegraph companies; and internet service providers.
COMMUNITY GARDEN means an outdoor space used to grow and care for vegetables, flowers,
and/or annual plantings for personal consumption or non-commercial purposes.
CONSERVATION means:
a. The preservation, protection and improvement of the components of the natural
environment through a comprehensive management and maintenance program
administered by a public authority for individual or public us.
b. The wise management of the environment in a way which will maintain, restore, enhance
and protect its quality and quantity for sustained benefit to man and the environment.
c. The preservation, protection and/or improvement of the components of the natural
environment through management and maintenance for both the individual and society's
uses, both in the present and in the future.
d. The protection and care that prevents destruction or deterioration of historical or
otherwise significant structures, buildings or natural resources.
CONVENIENCE STORE means a building which is used as a store that serves the primary needs of
the adjacent neighbourhood and includes the sale of magazines, confectionery and grocery
items, and a delicatessen or snack bar provided that any eating facility is within a wholly enclosed
building.
DECK means a raised structure that has a walking surface within one storey of the established
grade at the ground level of that face of the building; that may or may not be attached to a main
or principal building; and does not have a permanent roof.
DEVELOPER means a person, or company, who is responsible for any undertaking that requires
a development permit, a zoning permit, a special-use permit or a conditional-use permit.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
10
DEVELOPMENT means the carrying out of building, engineering, mining or other operations in,
on, over or under Land, or the making of a material change in the Use, or the intensity of use of
Land, Buildings, or premises and the:
a.
making of an Access onto a highway, road or way.
b.
erection of an advertisement or Sign.
c.
construction of a Building.
d.
the parking of a trailer, or vehicle used for the sale of refreshments or
merchandise, or as an Office, or for living accommodation; And Excludes:
e.
the carrying out of works for the maintenance, improvement or other alteration
of a Building, being works which affect only the interior of the Building or which
do not materially affect the external appearance or Use of the Building.
f.
the carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on Land within the boundaries of
the road reservation.
g.
the carrying out by a local authority or statutory undertaker of works for the
purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or
other apparatus, including the breaking open of Streets or other Land for that
purpose.
h.
the Use of a Building or Land within the courtyard of a dwelling house for a
purpose incidental to the enjoyment of a dwelling house as a dwelling.
[Urban and Rural Planning Act Sec. 2 (g))
DEVELOPMENT ASSESSMENT REPORT means a report prepared by suitably qualified person to
identify and assess the impacts of a proposed Land Use or Development on the urban or natural
environment and/or surrounding Lands or neighbourhood; and includes recommendations and
proposal to control and mitigate identified impacts.
DEVELOPMENT APPROVAL (Development Permit) means a written approval from the Town that
the proposed use of a site, as well as the planned size and location of any buildings or structures
are in accordance to these Development Regulations.
DEVELOPMENT REGULATIONS means regulations made under sections 34 to 38 of the Urban
and Rural Planning Act 2000.
DISCRETIONARY USE means a Use that is listed within the Discretionary Use classes established
in the Use Zone tables of Council's Development Regulations.
[Provincial Reg. 4 (1) (f)l
DOUBLE DWELLING means a Building containing two (2) Dwelling Units, constructed one above
the other (Duplex) or side-by-side (Semi-Detached), each having an individual entrance, provided
that no such unit shall be constructed or located in the basement of any such dwelling; and does
not include a Self-Contained Dwelling (Single-Detached Dwelling Unit) containing a Subsidiary
Apartment.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
11
DWELLING (ROW) means a Building of three (3) or more Dwelling Units at ground level, where
each unit is separated vertically from an adjoining unit by a common wall, and in which each unit
may be situated on a separate Lot.
DWELLING SINGLE (SINGLE DETACHED) means a dwelling containing one (1) main Dwelling Unit
situated on its own Lot, which is not attached to another dwelling, and can include a Subsidiary
Apartment.
DWELLING (MULTIPLE UNIT) means a Building containing three (3) or more Dwelling Units,
including an apartment building, but does not include a Row Dwelling.
DWELLING (SUBSIDIARY APARTMENT) means a separate Dwelling Unit constructed within and
subsidiary to a Single Dwelling.
DWELLING UNIT means one or more habitable rooms operated as a housekeeping unit; used or
intended to be used as a domicile/residence by one or more persons as an independent and
separate housekeeping establishment; containing cooking, eating, living, sleeping and sanitary
facilities.
EASEMENT means the right to use land, most commonly for access to other property, or as a
right-of-way for utility service.
EATING ESTABLISHMENT means a building or part of a building where food is offered for sale or
sold to the public for immediate consumption and includes such uses as a restaurant, cafe,
cafeteria, take-out counter, ice-cream parlour, tea or lunch room, dairy bar, coffee shop, snack
bar or refreshment room or stand; but does not include a boarding or lodging house.
· ENGINEER means a professional engineer who has a license to practice in Newfoundland and
Labrador and has complied with the provisions of the Association of Professional Engineers and
Geoscientists Act of Newfoundland and Labrador; and is a member in good standing of the
association created by that Act.
ESTABLISHED GRADE means:
a. where used in reference to a Building, the average elevation of the finished surface of the
ground where it meets the exterior of the front of that Building exclusive of any artificial
embankment or entrenchment; or
b.
where used in reference to a structure that is not a Building, the average elevation of the
finished grade of the ground immediately surrounding the structure, exclusive of any
artificial embankment or entrenchment.
[Provincial Reg. 4 (1) (g)l
EXISTING means legally existing as of the effective date of these Regulations.
TOWN O F CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
12
FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no more than
six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this
definition includes, but is not limited to, the facilities called "Group Homes", "Halfway House",
and "Foster Home".
FLOOR AREA means the total area of all floors of a Building measured to the outside face of
exterior walls.
[Provincial Reg. 4 (1) (h)]
FLOOR AREA (NET) for the purposes of these Regulations means 80% of Floor Area.
FLOOR AREA (GROSS} means the total Floor Area of all floors in a Building or Buildings on the Lot
including basements and mezzanines but excluding any porches, verandas, sunrooms (unless
habitable in all seasons of the year), mechanical penthouse, any Floor Areas used exclusively for
parking area, or Amenity Space.
FLOOR AREA (GROUND} means that portion of a Lot covered by a Building or structure excluding,
in the case of a Dwelling, any porch, veranda, sunroom or private garage.
FORESTRY means the use of Land for the purpose of forest and woodland management including
the felling, cutting, trimming and thinning of forest or woodland for the extract ion of timber, and
includes reforestation, afforestation and silviculture.
FRONTAGE means the horizontal distance between side lot lines measured at the building line.
(Provincial Reg. 4 (1) (i)]
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front wall of
the main building on the lot.
FUNERAL HOME means a building designed for the purpose of furnishing funeral supplies and
services to the public and includes facilities intended for the preparation of the dead human body
for internment or cremation. Facilities for cremation, such as crematoria, shall be included in this
definition.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GAS BAR means an establishment comprising gasoline pumps with or without a shelter for an
attendant; but does not include a facility for the repair of motor vehicles, a commercial/general
garage or a car wash.
GENERAL GARAGE (COMMERCIAL GARAGE) means a Building or part of a Building used for the
commercial repair of equipment or self-propelled vehicles and/or trailers and may include the
sale of gasoline or diesel oil.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
13
GENERAL INDUSTRY means the use of Land or Buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, preparing, processing, testing, salvaging, breaking
up, demolishing, or treating any article, commodity or subst ance, and "Industry" shall be
construed accordingly.
HAZARDOUS INDUSTRY means the use of Land or Buildings for industrial purposes involving the
storage or use of materials or processes, which because of their inherent characteristics
constitute a special fire, explosion, radiation or other environmental hazard.
HEALTH AND FITNESS FACILITY means an establishment providing health, fitness and
recreational activities, such as, but not limited to boxing, dancing, gymnastics, martial arts,
weightlifting, yoga or other forms of physical exercise. This use may also include the incidental
sale of health and fitness merchandise.
HIGHWAY means a highway as defined under the Highway Traffic Act of Newfoundland, RSN, Ch.
4.
HISTORIC RESOURCE means a work of nature or of humans that is primarily of value for its
archaeological, prehistoric, historic, cultural, natural, scientific or aesthetic interest, including an
archaeological, prehistoric, historic or natural site, structure or object. [Historic Resources Act Sec. 2 (e)]
HOME-BASED BUSINESS means a secondary Use of a Dwelling Unit and/or its Accessory Building
by at least one of the residents of such Dwelling Unit to conduct a gainful occupation or business
activity; and subsidiary to a residential Use. Includes professional, medical, personal, general
service, and office Uses, as well as small-scale manufacturing such as crafts and art - but does not
include a woodworking shop for the purposes of manufacturing such things as stairs or cabinets.
HOME. OF.Fl CE means a secondary Use of a Dwelling Unit by at least one of the residents of such
Dwelling Unit to conduct a gainful occupation or business activity with such occupation or
business activity being restricted to office Uses which do not involve visitation by clients,
customers, or the general public to the site, nor the employment of non-residents, and subsidiary
to a residential Use.
HOSPITAL means a hospital, sanatorium, convalescent home, clinic, mental hospital and/ or an
institution for the care and rehabilitation of any addiction or other such special- purpose medical
institution. Hospital does not include a Veterinary Hospital.
HOTEL means a Building wherein paid temporary accommodation is provided for more than
sixteen (16) persons, w hich contains Suites habitually let to transient persons, and which may
contain one or more kitchens, dining rooms, lounges, and other public rooms, and this definition
also includes a hostel for men and women.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
14
INFILL means the placement of new buildings into established built-up areas, resulting in an
increase in building stock.
INSPECTOR means any person appointed and engaged as an Inspector by the Town or by any
federal or provincial authority or the agent thereof.
INSTITUTION means:
a. A Building or part thereof used for non-commercial purposes by a non-profit society for
promoting a social, educational, cultural, religious or philanthropic objective and, without
restricting the scope of this definition, may include homes for the aged, mentally,
physically or socially handicapped persons, convalescent homes, nursing homes, personal
care homes, sanatoria, or Hospitals, churches, Schools and universities; and
b. May also include a Building or part thereof occupied or used by persons who are
involuntarily detained, or detained for penal or correctional purposes, or whose liberty is
restricted.
KENNEL means a Building or premise where domestic household animals and birds are boarded
for breeding or otherwise.
LAND includes land covered by water, and Buildings and structures on, over, or under the soil
and fixtures that form part of those Buildings and structures.
[Urban and Rural Planning Act Sec. 2 (i)]
LANDSCAPING means that part of a Lot developed for beautification or visual improvement such
as, but not limited to, an artwork, berm, fence, fountain, lawn, path, patio, pond, retaining wall,
shrub, screen, tree, walkway, wall or existing natural treed area, but does not include any space
beneath, within or on top of a Building, or an Access, driveway, parking area or ramp.
LIGHT INDUSTRY means the use of Land or Buildings for 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.
LOCAL STREET means a street designed primarily to provide access to adjoining land and which
is not a collector street or arterial.
LODGING HOUSE means a dwelling in which at least two (2) rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
LOT means a plot, tract or parcel of Land that can be considered as a unit of Land for a particular
Use or Building.
[Provincial Reg. 4 (1) Ull
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
15
LOT (CORNER) means a Lot or parcel of Land abutting upon two or more Streets at their
intersection, or upon two parts of the same Street forming an interior angle of less than 135
degrees.
LOT AREA means the total horizontal area within the lines of a Lot. [Provincial Reg. 4 (1) (k)J
LOT COVERAGE means the combined area of all Buildings on a Lot measured at the level of the
lowest floor above the Established Grade and expressed as a percentage of the total area of the
Lot.
[Provincial Reg. 4 {1) (I)]
LOT DEPTH means the average distance between the Front Lot Line and the rear Lot Line of a Lot.
LOT FRONTAGE {FRONTAGE) means the horizontal distance between side Lot Lines measured at
the Building Line.
[Provincial Reg. 4 (1) (i)]
LOT LINE means any line defining the boundaries of a Lot and shall include a Front Lot Line, a rear
Lot Line and a side Lot Line.
LOT LINE (FRONT) means the Street Line on which a Lot has its civic address, except where a Lot
has two (2) or more Street Lines, in which case Council shall determine the Front Lot Line,
considering the most appropriate siting of the Building on the Lot.
LOUNGE means a Building or part of a Building which is primarily used for the purpose of selling
and serving of spirits, wines or beer to the general public for consumption on the premises and
which is licensed under the Liquor Control Act and any regulations made thereunder.
MAIN BUILDING (PRINCIPAL BUILDING} means any Building which is carried on the principal
purpose for wh1ch'the Building Lot is used.
MARINA means a dock or basin together with associated facilities where slips, moorings,
supplies, repairs, and other services that are typically available for recreational boats and other
leisure watercraft, including storage, sales and rentals, with or without a club house and catering
facilities. It can also include a boat-house or shed associated with a dock or wharf.
MINERAL EXPLORATION means the search for and sampling of minerals or quarry materials
where the activity or activities involved meet the definition of "development" under the
Urban and Rural Planning Act. "Mineral" and "quarry material" for the purpose of
interpreting the definition of mineral exploration (development) are as defined in the
provincial Mineral Act and Quarry Materials Act, 1998, respectively. Mineral exploration
does not include mining or mineral working (e.g., quarrying). Activities which meet the
definition of mineral exploration (development) are to be contrasted with mineral
exploration activities that do not meet the definition of development, examples of which
typically include traditional prospecting, geochemical sampling surveys (of rock, soil,
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
16
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 form (e.g., asphalt, concrete), the re-
processing of quarry materials including from reclaimed civil construction materials (e.g.,
reclaimed asphalt, concrete), the production of soil by blending organic materials with quarry
materials, or the treatment or remediation of soil. "Quarry material" for the purpose of
interpreting the definition of mineral working is as defined in the provincial Quarry Materials
Act, 1998. Mineral working does not include mining but may include mineral exploration
(development) as a secondary activity. Mineral working does not include the excavation and
removal of quarry materials as a by-product of an approved development.
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 Natural Resources. "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) and therefore extraction of dimension
stone within the Town of Port aux Basques Municipal Planning Area would be considered
mining.
MINISTER shall mean the Minister of Municipal Affairs and Environment, unless otherwise
specified.
MINI-HOME means a prefabricated single dwelling complying with the National Building Code,
having the dimensions of a single-wide mobile home and a floor area less than the minimum
required for a Single Dwelling, and which has been transported to the site on a single trailer.
MODULAR HOME means a transportable factory-built Single-Detached Dwelling Unit:
a. Which complies with space standards substantially equal to those laid down in the current
edition of the National Building Code of Canada and is in accordance with the construction
standards laid down by the Canadian Standards Association and all other applicable
provincial and municipal codes;
b. Which is designed to be transported to a modular home Lot, and subsequently supported
on its own foundation; and
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
17
c. Which is connected to piped water, piped sewer, and utilities in order to be suitable for
year-round occupancy.
MODULAR HOME/MINI HOME PARK means a residential development under single or joint
ownership, cared for and controlled by a modular home park or mini home park operator, where
individual modular home or mini home lots are rented or leased with or without modular home
or mini home units placed thereon, and where ownership and responsibility for the maintenance
and development of site facilities, including underground services, access roads, communal
areas, snow clearing and garbage collection, or any ofthem, are the responsibility of the modular
home/mini home park management; and where the modular home/ mini home development is
classified as a Modular Home/Mini Home Park by the Town.
MODULAR HOME/MINI HOME SUBDIVISION means a residential development requiring the
subdivision of land, whether in single or joint ownership, into two or more pieces or parcels of
land for the purpose of locating thereon modular home or mini home units under either freehold
or leasehold tenure and where the maintenance of streets and services is the responsibility of a
municipality or public authority; and where the modular home/mini home development is
classified as a Modular Home/Mini Home Subdivision by the Town.
MOTEL means a tourist establishment that:
a. Consists of one (1) or more than one Building containing four (4) or more attached
accommodation units accessible from the exterior only;
b. May or may not have facilities for serving meals; and
c. Is designed to accommodate the travelling public for whom the automobile is the
principal means of transportation.
MUNICIPAL PLAN or P[AN means the Town of Channel-Port Aux Basques Municipal Plan 2019-
2029.
NON-CONFORMING USE means a legally Existing Use that is not listed as a Permitted Use or
Discretionary Use for the Use Zone in which it is located or which does not meet the development
standards for that Use Zone.
[Provincial Reg. 4 (1) (ml)
OFFICE means any Building or part thereof which is used exclusively for the management,
direction or transaction of commerce, public enterprises or public services, but excludes the
production or storage of any produce or merchandise on the premises; without limiting the
generality of this definition, includes office buildings, business, professional and public offices
and agencies. It does not include clinics and Banks or similar financial institutions.
OWNER means a person or an organization or persons owning or having legal right to use the
Land under consideration.
[Provincial Reg. 4 (1) (n)J
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
18
OUTDOOR STORAGE means the storage of merchandise, goods, inventory, materials or
equipment or other items which are not intended for immediate sale, by locating them outside.
OWNER means any person, firm or corporation controlling the property under consideration.
PARKING LOT means an open area of land other than a street or an area within a structure for
the parking of vehicles.
PERMITTED USE means a Use that is listed within the Permitted Use classes set out in the Use
Zone tables of these Development Regulations.
[Provincial Reg. 4 (1) (o)]
PERSONAL CARE HOME (SPECIAL CARE FACILITY) means a Building or facility designed or
converted for the accommodation and care of elderly persons and/or persons with special needs
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
PLACE OF WORSHIP means a Building dedicated to religious worship and includes a church,
synagogue, temple, or assembly hall; and may include such Accessory Uses as a nursery school,
a school of religious education, convent, monastery, parish hall, food bank and residential
dwelling/ Dwelling Unit.
PLANNING AREA means a municipal planning area established under Section 6 and 11 of the
Urban and Rural Planning Act 2000. For the purpose and context of these Regulations, the
Planning Area shall mean the area within the boundaries of the Town of Channel-Port Aux
Basques Municipal Planning Area.
PUBLIC STREET means a publicly-owned street, road, highway or other publicly-owned way
designed for the passage of vehicles and pedestrians and which is accessible by fire department
and other emergency vehicles.
PUBLIC USE means land or Buildings used by the Council, the Province of Newfoundland or the
Government of Canada for a purpose not otherwise defined in these Regulations; and includes
lands, structures or buildings constructed for use by the general public, including but not limited
to parks, playgrounds, trails, paths and other recreational and open spaces, scenic and historic
sites, publicly funded buildings such as schools, hospitals, libraries, fire stations, equipment
depots, and other public buildings and structures.
PUBLIC UTILITY means all land and Buildings used by the municipality or a "Public Utility" (as
defined in the Public Utilities Act, Revised Statutes of Newfoundland, 1970, Chapter 323, as
Amended) to provide services for the health, safety and convenience of the general public, and
includes land, Buildings and facilities to provide water, sewage, electricity, transportation, and
radio, television and telephone.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
19
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 Council specifies as not permitted within a Use Zone.
(Provincial Reg. 4 (1) (p)
REAR YARD DEPTH means the distance between the rear lot line and the rear wall of the main
building on a lot
(Provincial Reg. 4 (1) (r)J
RENTAL STORAGE USE means use for a fee of a Building or part of a Building, or of a Lot or a part
of a Lot, solely for the storage of articles, objects, materials and vehicles.
RESTAURANT means a Building or part thereof, designed or intended to be used or occupied for
the purpose of serving food on the premises but does not include a Lounge.
RETAIL STORE means a Building, or part thereof where consumer goods are displayed for sale or
rent, or sold directly to the public for the purchaser's own use, and includes a garden centre, but
does not include an establishment wherein the primary purpose is the serving of meals or
refreshments, a General Garage, or a Service Station.
ROW DWELLING means a dwelling containing three (3) or more dwelling units at ground level in
one building, each unit separated vertically from the others.
SALVAGE YARD (SCRAP YARD) is a premises where scrap metals or other scrap materials are
sorted or stored; or where automobiles, other vehicles, machinery, or parts thereof are
dismantled, demolished, or stored; or where used goods, wares, merchandise, or articles are
processed for further use. This definition does not include a hazardous waste material storage
or disposal site and excludes Recycling Depots.
SCHOOL means a public school,·a high school, a technical school, a vocational school, college or
university or any other school established and maintained either at public expense, by a religious
denomination, or by a non-profit organization; and does not include a for-profit commercial
school.
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.
SEMI-SERVICED DEVELOPMENT means development which is connected to the municipal water
or municipal sewer system, whether or not the sewage is piped directly to a body of water.
SERVICE STATION means a Building, including gas pumps, used for the sale of petroleum
products, automotive parts and accessories, and may include general merchandise, minor
automotive repairs, and washing and polishing of vehicles.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
20
SERVICE STREET means a street constructed parallel to or close to another street for the purpose
of limiting direct access to that street.
SHOP (RETAIL STORE} 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 establishment wherein the primary
purpose is the serving of meals or refreshments, an amusement use, a general garage, or a service
station.
SHOPPING CENTRE means a group of Retail Stores (Shops} and complementary uses with
integrated parking which is planned, developed and designed as a unit containing a minimum of
five (5) retail establishments.
SHOWROOM means a Building or part of a Building in which samples or patterns are displayed
and in which orders may be taken for goods, wares or merchandise, including vehicles and
equipment, for later delivery.
SIDE YARD DEPTH means the distance between the side lot line and the nearest side wall of a
building on the lot
[Provincial Reg. 4 (1) (s))
SIGHT TRIANGLE means a triangle-shaped portion of Land established at Street intersections to
ensure a safe sight distance for motorists entering or leaving the intersection. The triangular-
shaped portion of Land is formed by the Street Lines and a line drawn from a point in one Street
Line to a point in the other Street Line.
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.
[Provincial Reg. 4 (1) (q)J
SINGLE DWELLING {SINGLE DETACHED) means a dwelling containing one (1) main Dwelling Unit
situated on its own Lot, which is not attached to another dwelling, and can include a Subsidiary
Apartment.
SOCIAL HOUSING INITIATIVE means affordable rental housing intended for households with a
gross annual income of less than $40,000.
SPECIAL CARE FACILITY means a Building and grounds used for the purpose of providing special
and individualized care to elderly, children or disabled, provided the facility complies with
applicable legislation; without limiting the generality of the foregoing, it may include a children's
home, nursing home, or home for the aged, but does not include a retirement home or senior
citizens' home or an Assisted Living Residential Complex.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundrldge Planning and Development Services Inc.
21
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.
[Provincial Reg. 4 (1) (t)]
STREET (ARTERIAL) means the Streets in the Planning Area constituting the main traffic arteries
of the area.
STREET (COLLECTOR) means a Street that is designed to link Local Streets with Arterial Streets.
STREET (LOCAL) means a Street designed primarily to provide access to adjoining Land.
STREET (SERVICE) means a Street constructed parallel to or close to another Street for the
purpose of limiting direct access to that Street.
STREET LINE means the edge of the right-of-way of a Street Reservation as defined by the
Authority having jurisdiction. [Provincial Reg. 4 (1) (u)]
STREET RESERVATION means an area determined by Council that is reserved for a Street, a future
Street or future street improvements.
SUBDIVISION means the dividing of Land, whether in single or joint ownership, into two (2) or
more pieces (including Lots), for the purpose of Development. [Urban and Rural Planning Act Sec. 2 (q)]
SUBDIVISION IMPROVEMENT means curbs, gutters, catch basins, sidewalks and streets,
including survey monuments, granular subgrades, pavement and improvement to open space
specified by the Council or the Director of Engineering, as the case may be, as being necessary or
required to be supplied, constructed, installed and completed under any development or
subdivision designs, plans or specifications ..
SUBSIDIARY APARTMENT means a Suite within a Single Detached Dwelling whose Floor Area
does not exceed 40% of the Gross Floor Area of the Dwelling
SUITE means a single room or series of rooms of complementary uses, operated under a single
tenancy, and includes Dwelling Units, individual guest rooms in motels, Hotels, Boarding Houses,
rooming houses and dormitories as well as individual stores and individual or complimentary
rooms for business and personal service companies.
TAKE-OUT FOOD SERVICE means a Building or part of a Building in which a retail establishment
sells prepared food not for consumption on the premises.
TAVERN (LOUNGE) includes a nightclub and means a building licensed or licensable under the
Liquor Control Act wherein meals and food may be served for consumption on the premises and
in which entertainment may be provided.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 20 19-2029
Boundridge Planning and Development Services Inc.
22
THEATRE means a building or part of a building which is used for the commercial showing of films
or presentation of live entertainment.
TINY HOUSE DWELLING means a residential building that complies with the National Building
Code; and contains a single dwelling unit intended for permanent, year-round use with a
maximum width of 8.5 feet (2.59 metres) and a maximum floor area of 400 square feet
(approximately 37 square metres). This building is designed to be used with a permanent
foundation, may be constructed on a chassis or a foundation, and is not fitted with facilities for
towing or to which towing apparatus can be attached.
TOURIST ESTABLISHMENT means any premises operated to provide sleeping accommodation for
the travelling public or sleeping accommodation for the use of the public engaging in recreational
activities; and includes the services and facilities in connection with which sleeping
accommodation is provided.
TRANSPORTATION means: the use of land to accommodate road and marine-oriented
transportation activities, such as railway yards, docks and harbours; and any station for the use
of transportation facilities available to the general public - includes ferry terminals, airports and
bus terminals. May also include a Transportation Depot.
TRANSPORTATION DEPOT means any station or Lot used for the purpose of storing, servicing or
refueling of vehicles connected with the transportation business, but does not include a
Commercial Garage.
TOWN MANAGER means the Town Manager appointed by Council.
UNSERVICED AREA/DEVELOPMENT in these Regulations · means area/development lacking
municipally-provided water supply and sewage disposal services, whether or not the sewage is
piped directly to a body of water.
URBAN PLANNER means a person who is a Member of the Canadian Institute of Planners eligible
to prepare plans under the Urban and Rural Planning Act, 2000.
USE means a Building or activity situated on a Lot or a Development permitted on a Lot.
[Provincial Reg. 4 (1) (v)]
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.
[Provincia l Reg. 4 (1) (w)]
UTILITIES means Windmills, Wind Turbines, Solar and other energy sources not classed as a Public
Utility under the Public Utilities Act.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
23
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
these Regulations.
[Provincial Reg. 4 (1) (X)J
VETERINARY CLINIC means a facility for the medical care and treatment of animals and may
include provision for their overnight accommodation, provided such accommodation is
soundproofed and does not exceed 15% of the gross floor area of the main Building, but does
not include any outdoor facilities such as Kennels, pen runs and enclosures.
VETERINARY HOSPITAL means a facility for the medical care and treatment of animals and
includes provision for their overnight accommodation and may include a boarding kennel and
outdoor pens and enclosures, provided the Lot so used is at least 100 m from the nearest
Residential Zone.
WATERCOURSE means any lake, pond, river, stream or other body of water.
WATERSHED means the surface area contained within a divide above a specific point on a river,
stream, creek or other flowing 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. In addition to providing valuable habitat for wildlife,
wetlands also:
a. Enhance water quality due to their ability to filter drinking water supply;
b. Abate flood damage by soaking up and holding flood waters;
c. Ensure adequate water supply for public use, irrigation, and livestock, thanks to the
groundwater-recharging functions of wetlands;
d. Reduce shoreline erosion and damage as wetland vegetation binds and stabilizes
substrates, traps sediments, and reduces wave or current energy; and
e. Provide recreational opportunities as wetlands can support boating, fishing, hunting, bird
watching and other wildlife viewing.
WIND TURBINE - SMALL SCALE means a turbine that converts the wind's kinetic energy into
either electrical power or mechanical energy. The wind turbine is comprised of the tower, rotor
blades (either vertical or horizontal) and the nacelle. A small scale wind turbine is a single turbine
that has a nameplate capacity which is not greater than 300 kW. It has a stand-alone design,
either on its own foundation or supported by guy wires, and is not roof-mounted.
WIND TURBINE - TOWER HEIGHT means the height measured from grade to the highest point
of the turbine rotor blade when it reaches its highest elevation
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
24
YARD means any open, uncovered, unoccupied space appurtenant to a Building.
YARD (ABUTTING) means the Yard of an abutting Lot which shares a Lot Line of the subject
property.
YARD (FLANKING) means the Side Yard of a Corner Lot extending from the Front Yard to the Rear
Yard between the flanking Lot Line and the nearest main wall of any Main Building or structure
on the Lot.
YARD DEPTH (FRONT) means a Yard extending across the full width of the Lot between the Front
Lot Line and the wall of a Main Building.
YARD DEPTH (REAR) means the distance between the rear Lot Line and the rear wall of the Main
Building on a Lot.
[Provincial Reg. 4 (1) (r)]
YARD DEPTH (SIDE) means the distance between the side Lot Line and the nearest side wall of a
Building on the Lot.
[Provincial Reg. 4 (1) (s)]
ZONING MAP means the map or maps attached to and forming part of these Regulations.
[Provincial Reg. 4 (1) (y)]
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
25
SECTION 2: CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Motion Picture Theatres,
T.V. Studios admitting an
audience.
ASSEMBLY USES
Cultural and Civic
Libraries, Museums, Art
Galleries, Court Rooms, Meeting
Rooms, Council Chambers
ASSEMBLY USES
General Assembly
Community Halls, Lodge Halls,
Dance Halls, Gymnasia,
Auditoria, Bowling Alleys
ASSEMBLY USES
Educational
Schools, Colleges (non-
residential}
ASSEMBLY USES
Place of Worship
Churches and similar places of
worship, Church Halls
ASSEMBLY USES
Passenger Assembly
Passenger Terminals
ASSEMBLY USES
Club and Lodge
Private Clubs and Lodges (non-
residential}
ASSEMBLY USES
Catering
Restaurants, Bars, Lounges
ASSEMBLY USES
Funeral Home
Funeral Homes and Chapels
ASSEMBLY USES
Child Care
Day Care Centres
ASSEMBLY USES
Amusement
Electronic Games Arcades,
Pinball Parlours, Poolrooms
ASSEMBLY USES
Indoor Assembly
Arenas, Armouries, Ice Rinks,
Indoor Swimming Pools
ASSEMBLY USES
Outdoor Assembly
Bleachers, Grandstands,
Outdoor Ice Rinks and
Swimming Pools, Amusement
Parks and Fair-grounds,
Exhibition Grounds, Drive-in
Theatres
ASSEMBLY USES
Campground
Campgrounds, Recreational
Vehicle and Travel Trailer
Campgrounds
INSTITUTIONAL USES
Penal and Correctional
Jails, Penitentiaries, Police
Detention
Stations (with detention
quarters}, Prisons, Psychiatric,
Hospitals (with detention
quarters), Reformatories
INSTITUTIONAL USES
Medical Treatment and Special
Children's Homes, Convalescent
Care
Homes
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
26
Homes for Aged, Hospitals,
Infirmaries
RESIDENTIAL USES
Single Dwelling
Single Detached Dwellings,
Family & Group Homes
RESIDENTIAL USES
Double Dwelling
Semi-detached Dwelling, Duplex
Dwellings, Family & Group
Homes
RESIDENTIAL USES
Row Dwelling
Row Houses, Town Houses,
Family & Group Homes
RESIDENTIAL USES
Apartment Building
Apartments, Family & Group
Homes
RESIDENTIAL USES
Collective Residential
Assisted living Residential
Home, Educational Residences,
Nurses and Hospital Residences,
Social Housing Initiatives, etc.
RESIDENTIAL USES
Boarding House Residential
Boarding Houses, Lodging
and/or Bed and Breakfast
Houses, Bed and Breakfast
RESIDENTIAL USES
Commercial Residential
Hotels & Motels, Hostels,
Residential Clubs
RESIDENTIAL USES
Seasonal Residential
Summer Homes & Cabins,
Hunting & Fishing Cabins
RESIDENTIAL USES
Modular Home
Modular Home
RESIDENTIAL USES
Mini Home, Tiny House
Mini Home, Tiny House
Dwelling
Dwelling
RESIDENTIAL USES
Seniors' Housing and Personal
Seniors' Housing and Personal
Care Facilities
Care Facilities
BUSINESS & PERSONAL
Office
Offices (including Government
SERVICE USES
Offices), Banks
BUSINESS & PERSONAL
Medical and Professional
Medical Offices and Consulting
SERVICE USES
Rooms,
Dental Offices & Surgeries, Legal
Offices & Similar Professional
Offices
BUSINESS & PERSONAL
Personal Service
Barbers, Hairdressers, Beauty
SERVICE USES
Parlours, Tailor Shops, Small
Appliance Repairs
BUSINESS & PERSONAL
General Service
Self-service Laundries, Dry
SERVICE USES
Cleaners (not using flammable
or explosive substances), Small
Tool and Appliance Rentals,
Travel Agents
BUSINESS & PERSONAL
Communications
Radio Stations, Telephone
SERVICE USES
Exchanges
BUSINESS & PERSONAL
Police Station
Police Stations without
SERVICE USES
detention quarters
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
27
BUSINESS & PERSONAL
Taxi Stand
Taxi Stands
SERVICE USES
BUSINESS & PERSONAL
Take-out Food Service
Take-out Food Service
SERVICE USES
BUSINESS & PERSONAL
Veterinary
Veterinary Surgeries
SERVICE USES
MERCANTILE USES
Shopping Centre
Shopping Centres
MERCANTILE USES
Shop
Retail Shops and Stores and
Showrooms, Department Stores
MERCANTILE USES
Indoor Market
Market Halls, Auction Halls
MERCANTILE USES
Outdoor Market
Market Grounds, Animal
Markets, Produce and Fruit
Stands, Fish Stalls
MERCANTILE USES
Convenience Store
Confectionary Stores, Corner
Stores, Gift Shops, Specialty
Shops
INDUSTRIAL USES
Hazardous Industry
Bulk Storage of hazardous
liquids and substances,
Chemical Plants, Distilleries
Feed Mills, & Lacquer, Mattress,
Paint, Varnish, and Rubber
Factories, Spray Painting
INDUSTRIAL USES
General Industry
Factories, Cold Storage Plants,
Freight Depots
General Garages, Warehouses,
Workshops, Laboratories,
Laundries, Planing Mills,
·Printing Plants, Contractors'
Yards
INDUSTRIAL USES
Service Station
Gasoline Service Stations, Gas
Bars, Car Washes
INDUSTRIAL USES
Light Industry
Light Industry, Parking Garages,
Indoor Storage, Warehouses,
Workshops
NON-BUILDING USES
Agriculture
Commercial Farms, Hobby
Farms, Market Gardens &
Nurseries
NON-BUILDING USES
Forestry
Tree Nurseries, Silviculture
NON-BUILDING USES
Mineral Exploration
Mineral Exploration
NON-BUILDING USES
Mineral Working
Quarries, Pits
NON-BUILDING USES
Mining
Mining, Oil Wells
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
28
NON-BUILDING USES
Recreational Open Space
Playing Fields, Sports Grounds,
Parks, Playgrounds,
Recreational Trails
NON-BUILDING USES
Conservation
Watersheds, Buffer Strips, Flood
Plains, Architectural, Historical
and Scenic Sites, Steep Slopes,
Wildlife Sanctuaries
NON-BUILDING USES
Cemetery
Cemeteries, Graveyards
NON-BUILDING USES
Scrap Yard
Car Wrecking Yards, Junk Yards,
Scrap Dealers
NON-BUILDING USES
Solid Waste
Solid Waste Disposal, Sanitary
Land Fill
Incinerators
NON-BUILDING USES
Animal
Animal Pounds, Kennels, Zoos
NON-BUILDING USES
Antenna
TV, Radio and Communications
Transmitting and Receiving
Masts
and Antennae
NON-BUILDING USES
Transportation
Airfields, Docks, Marina, Yacht
Club, Boating Club, Boat House
and Harbours
NON-BUILDING USES
Utilities
Windmills, Wind Turbines,
Solar, and other energy sources
not classed as a Public Utility
under the Public Utilities Act.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
29
SECTION 3:
GENERAL REGULATIONS
3.1
Compliance with Regulations
Development shall be carried out and maintained within the Town in accordance with the
Municipal Plan, these Regulations, the conditions stated in a Development Permit and/or Building
Permit, and any other by-law or regulation enacted by Council.
3.2
Permit Required
No person shall carry out any Development within the Planning Area controlled by these
Regulations unless a permit or Development Permit under these Regulations has been issued
which has been duly signed and stamped by the issuing Officer.
Any application for Development shall be subject to such fees as Council may determine.
3.3
Licenses, Permits and Compliance with Other By-laws
Nothing in these Regulations shall exempt any person from complying with the requirements of
any by-law in force within the Town of Channel-Port Aux Basques, or from obtaining any license,
permission, permit, authority or approval required by any statute or regulation of the Province
of Newfoundland and Labrador or the Government of Canada.
3.4
Approval to Develop/ Permit to be Issued
Subject to Sections 3.5 and 3.6, a Development Permit shall be issued for Development within
the Town that conforms to:
a.
The policies expressed in the Municipal Plan and any further scheme, plan or regulation
pursuant thereto.
b.
The General Development Standards set out in Section 4 ofthese Regulations, the Specific
Use Regulations of Section 5 of these Regulations, and the Use classes, standards,
requirements, and conditions prescribed in Section 9 of these Regulations for the Use
Zone in which the proposed Development is located.
c.
The standards set out in the Building Code and/or other ancillary codes, and any Building
Regulations, Waste Disposal Regulations, and/or any other municipal regulation in force
in the Planning Area regulating or controlling Development, conservation and use of Land
and Buildings.
d.
The standards set out in Section 6 of these Regulations in the case of Subdivision of Land.
e.
The standards set out in Section 7 of these Regulations in the case of signs.
f.
The standards set out in Section 8 of these Regulations in the case of offstreet parking
and loading.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
30
3.5
Permit Not to be Issued in Certain Cases (Premature Development}
Neither a Development Permit (Approval) nor Approval in Principle shall be issued for
Development within the Municipal Planning Area when, in the opinion of Council, it is premature
by reason of the site lacking adequate road access, power, drainage, sanitary facilities, or
domestic water supply, or being beyond the natural development of the area at the time of
application unless the applicant contracts to pay the full cost of construction of the services
deemed necessary by Council; and such cost shall attach to and upon the property in respect of
which it is imposed.
3.6 Discretionary Powers of Council
1. Compatibility with the Municipal Plan: In considering an application for approval to carry out
Development, Council shall take into account the policies expressed in the Municipal Plan and
any further plan or regulation pursuant thereto. Where the requirements appear inadequate
to meet the policies of the Municipal Plan or any document pursuant thereto, or where
requirements have not been specified in these Regulations or are left to the discretion of
Council, Council may establish the necessary requirements.
2. Zoning and Subdivision Standards Not Specified: Council shall determine the applicable
requirements or standards for a Development where such requirements are not specifically
set forth in these Regulations or the applicable Town, Provincial and Federal regulations and,
without limiting the generality of the foregoing, this includes the Subdivision Design
Standards as set out in Section 6.14 of these Regulations.
3. In addition to any other discretionary powers and considerations in the issuance of a permit:
(1) Council may conditionally approve an application to· carry out Development which is, in
the opinion of Council:
a. Consistent with the policies expressed in the Municipal Plan and any further
scheme, plan or regulations applicable to the subject property;
b. Would not create any hazard to public safety; and
c. Enhances the general appearance of the area.
(2) Council may refuse an application to carry out Development which, notwithstanding the
conformity of the application with the requirements of these Regulations, is, in the
opinion of Council:
a. Not consistent with the intent and policies of the Municipal Plan and any further
scheme, plan or regulations applicable to the subject property.
b. Would not conform to applicable Provincial and/or Federal policies and guidelines.
c. Would create a hazard to public safety.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
31
d. Would not enhance the general appearance or amenity of the development site
and surroundings and could or would create a nuisance to nearby properties in
the form of traffic noise, odour, traffic or pollution.
e. The development is deemed to lack adequate access and services and would create
unplanned demands for public services and utilities.
3.7
Variances
1.
Where an approval or permit cannot be given by Council because a proposed
Development does not comply with development standards in the applicable use zone
table, Council may, in its discretion, vary the applicable development standards to a
maximum of 10% if, in Council's opinion, compliance with the development standards
would prejudice the proper Development of the Land, Building or structure in question or
would be contrary to public interest.
[Provincial Reg. 121
2.
Council shall not allow a Variance from development standards set out in the applicable
use zone table 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.
Council shall not permit a Variance from development standards where the proposed
Development would increase the non-conformity of an Existing Development, or where
approval of a Variance will result in the creation of a non-conformity of any legal Existing
Development.
3.8
Notice of Variance
Where Council is to consider a proposed Variance, Council shall, at the expense of the Applicant,
give written notice of the proposed Variance from development standards to all persons whose
Land is in the immediate vicinity of the Land that is the subject of the Variance, and allow a
minimum period of seven (7) days for response. (See also Section 3.30.)
3.9
Service Levy
l.
Council may require the payment of a service levy in accordance with Section 149 (2) of
the Municipalities Act, SN, 1999.
2.
A service levy shall not exceed the cost, including finance charges, to Council of improving
or constructing the public works that are necessary for the real property to be developed
in accordance with the standards required by Council and permitted by Council on that
real property.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
32
3.
A service levy shall be assessed on: a. the amount of property benefiting by the public
work relative to all the property benefited; and b. the density of Development made
possible or increased by the public work.
4.
Council may require a service levy be paid by the Owner of the property benefited and
may specify the time for payment:
a.
the time the levy is imposed;
b.
the time development of the real property commences;
c.
the time development of the real property is completed; or,
d.
such other time as the Town may decide.
3.10
Financial Guarantees and Insurance
1.
The Town 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.
2.
The Town shall determine the form, amount and conditions of the financial agreement
and the insurance, as outlined under Section 38 of the Act:
a. a cash deposit from the developer, to be held by the Town, or;
b. a guarantee by a bank, or other institution acceptable to the Town, for expenditures
by the developer, or;
c. a performance bond provided by an insurance company or a bank, or;
d. an annual contribution to a sinking fund held by the Town.
3.
Financial Guarantees - Mineral Workings
The Developer shall provide a financial guarantee in the form of a performance bond or
unconditional and irrevocable letter of credit or other form acceptable to the Town for
an amount to cover the cost of restoring or landscaping the site after the quarry
operations have ended or the site is abandoned by the applicant.
The financial guarantee shall be returned when the Reclamation Plan has been carried
out, or the development terminated and any conditions attached to the development
permit have been met to the satisfaction of the Town.
In lieu of the above, the Town shall accept the requirement for the same submitted to the
Department of Natural Resources under provincial quarries legislation.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
33
3.11.
Dedication of Land for Public Use
1. The Town may require the dedication of a percentage of the land area of any subdivision for
parkland or other public use in accordance with the provisions of Section 37 of the Act. The
amount of land so dedicated shall not exceed 10% of the land to be developed.
2. Where it is not feasible or desirable to set aside of land under subsection 1, the applicant may
pay an amount of money to the Town that is equivalent to the value of the land in that
subdivision that would have been conveyed under subsection 1.
3. The Town may, for a development that is not a subdivision, require that the owner of the
land being developed convey to the Town for a public purpose a portion of the land that is
proposed for development.
3.12
Restoration of Land
Council may order the Developer, the site occupier, and/ or the Owner, to restore the site to the
satisfaction of Council where:
a.
the use of Land is discontinued,
b.
a Development Permit and/or a Building Permit has been revoked,
c.
the intensity of the Use has been decreased, or
d.
a temporary Building Permit has expired.
This may require the removal all or any buildings or erections, the covering or filling all wells or
excavations, and to closing of all or any accesses, or to do any of these things or all of them, as
the case may be; and the developer, occupier or owner shall carry out the order of the Town and
shall put the site in a clean and sanitary condition to the· satisfaction of the Town.
3.13
Application
1.
An application for Approval-in-Principle, Development Permit or for a Permit to carry out
Development shall be made only by the Owner or person authorized by the Owner to
Council, on such form as may be prescribed by Council. Every application shall include
such plans, specifications and drawings and be accompanied by the appropriate fee, as
required by Council.
2.
Council shall supply to every Applicant a copy of the application forms referred to in
Regulation 3.13.1, a description of the plans, specifications and drawings required to be
provided with the application, and all applicable available information.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
34
3.
1. Minimum Information Required with Application
4.
An application for Approval-in-Principle/Development Approval shall contain the
information needed to satisfy the applicable requirements in these Regulations. Such
information shall include at least the following:
a. Location;
b. Use;
c. Lot Area and Lot Frontage;
d. Access;
e. Availability of water supply and waste disposal; and,
f. Any other information that may be required by Council.
2. Where the Application involves a Building, the following information shall be added to
the preceding list:
g. Setting of Building, including Building Line and Yards;
h. Bulk and height, in terms of Floor Area and Building Height; and
i. Off-street parking, in terms of the variables specified in Section 8 of these Regulations.
Discretionary Uses
In addition to the requirements of Regulation 3.13.3, an application for a Discretionary
Use shall contain the following information:
(1) Discretionary Uses involving operation of a business/service:
a. Floor Area to be used for Discretionary Use;
b. number of employees employed on site;
c. hours of operation;
d. Parking Area required.
3.14
Register of Application
The Town shall keep a public register of all applications for Development, which shall contain a
record of Council's decision and the result of any appeal from that decision.
3.15
Deferment of an Application
1.
Council may defer consideration of an application with the written agreement of the
Applicant.
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.
TOWN OF CHANNEL-PORT A UX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
35
3.
Applications properly submitted in accordance with these Regulations which have not
been determined by the Town and on which a decision has not been communicated to
the applicant within eight (8) weeks of the receipt thereof by the Town, and on which
consideration has not been deferred in accordance with Regulation 3.15.1, shall be
deemed to be refused.
3.16
Approval-In-Principle
1.
The Town may grant Approval-in-Principle for a subdivision or any other development, if,
after considering an application for Approval in Principle made under these Regulations,
it is satisfied that the proposed development is, subject to the approval of detailed plans,
in compliance with these Regulations.
2.
Where Approval-in-Principle is granted under this Section, it shall be subject to the
subsequent approval by the Town of such details as may be listed in the Approval-in-
Principle, which shall also specify that further application for approval of these details
shall be received not later than two (2) years from the grant of Approval in Principle.
3.
An Approval-in-Principle or conditions attached thereto is subject to appeal under the
Act.
4.
An Approval-in-Principle hall be valid for two (2) years from the date of the Council
decision.
5.
Notwithstanding an Approval-in-Principle, no work shall commence until a Development
Permit (Development Approval) or other permit has been issued by the Town.
3.17
Development Approval/Development Permit and Temporary Use Permit
1. A Development Permit (Development Approval) may be given by Council, provided:
a. the terms of the Approval-in-Principle have been satisfied;
b. the application for Final Approval has been made within two (2) years of the granting of
the Approval-in-Principle by Council; and
c. all necessary payments and levies, and/ or land dedications have been made.
2. A plan or drawing which has been approved by the Town and which bears a mark and/or
signature indicating such approval together with a permit shall be deemed to be permission
to develop land in accordance with these Regulations but such permission shall not relieve
the applicant from full responsibility for obtaining permits or approvals under any other
regulation or statute prior to commencing the development; from having the work carried
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
36
out in accordance with these Regulations or any other regulations or statutes; and from
compliance with all conditions imposed thereunder.
3. Conditions - The Town may attach to a permit such conditions as it deems fit in order to
ensure that the proposed development will be in accordance with the purposes and intent of
these Regulations.
4. Duration - A permit is valid for a specified period, not to exceed two (2) years. 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, except in the case
of a permit for an advertisement, which may be renewed in accordance with Part Ill of these
Regulations.
5. Temporary Use - The Town may, in its discretion, issue a permit for a temporary use such as
an outdoor market, a temporary shelter for a vehicle or a boat, and other permissible uses
which have a limited and fixed term. The permit shall specify its duration, and upon expiry of
the permit, the use shall be removed. In no case shall the term of a temporary permit exceed
two (2) years, which may be extended in writing by the Town for a further period as specified
not exceeding two (2) years. This clause does not apply to advertisements which are covered
under Section 7 of the Development Regulations.
6. Correction of Errors -The approval of any application and plans or drawings or the issue of a
permit shall not prevent the Town from thereafter requiring the correction of errors, or from
ordering the cessation, removal of, or remedial work on any development being carried out
in the event that the same is in violation of this or any other regulations or statute.
7. Revoke Permit (Approval) - The Town may revoke a Development Permit (Approval) and/ or
Building Permit for failure by the holder of it to comply with these Regulations or any
condition attached to the permit or where the permit was issued in error or was issued on
the basis of incorrect information.
8. Alterations - No person shall erase, alter or modify any drawing or specifications upon which
a permit to develop has been issued by the Town. Any changes or modifications to plans or
drawings shall be approved in writing by the Town.
9. There shall be kept available on the premises where any work, matter or thing in being done
for which a permit has been issued, a copy of the permit and any plans, drawings or
specifications on which the issue of the permit was based during the whole progress of the
work, or the doing of the matter or thing until completion.
10. A Development Approval or conditions attached thereto are subject to appeal under the Act
but the approval of a Building Permit is not subject to appeal. Section 409 of the
Municipalities Act allows for the appeal of a refusal of a Building Permit.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
37
3.18
Decisions of Council/Reasons for Refusing Permit
Decisions made by Council with respect to an Approval in Principle or a Development Permit
(Approval) required by these Regulations, shall be made in writing stating:
a.
The reasons for a refusal of an application.
b.
The conditions contained within the Approval-in-Principle or Development
Approval.
c.
The right to appeal the decision, in accordance with Section 42 of the Act and the
requirements of Section 3.21 of these Regulations.
3.19
Discretionary Uses
Discretionary Uses may only be considered for approval where they are set out as Discretionary
Uses in Section 9, subject to the requirements of these Regulations, and until adequate
notification has been made in accordance with Section 3.30. Where a notice is required to be
published in a local newspaper and/or distributed to owners/residents of property within the
immediate vicinity of the subject property, this shall be done by the Town at the expense of the
Applicant.
3.20
Discretionary Development Assessment Report
1.
Council may require a Development Assessment Report to evaluate any proposed land
use, Development and/or situation that affects the policies contained in the Municipal
Plan.
2.
The Terms of Reference for a Development Assessment Report shall be approved by
Council prior to its execution and shall become an integral part of the report itself. The
report and any supporting studies may be prepared at the expense of the applicant, at
Council's discretion.
3.
The report shall identify significant impacts, evaluate their importance, and recommend
a Mitigation Plan, measures of control or mitigation, where appropriate.
4.
Prior to the approval of a Development Assessment Report the Council shall provide
adequate time for a public review of the report, using the procedures for public
notification as outlined in Section 3.31.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
38
APPEALS
3.21
Notice of Right to Appeal
[Provincial Reg. 5)
Where Council makes a decision that may be appealed under Section 42 of the Act, Council shall,
in writing, at the time of making that decision, notify the person to whom the decision applies of
the:
a.
person's right to appeal the decision to the Appeal 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.
3.22
Appeal Requirements
[Provincial Reg. 6)
1.
The Secretary of the Appeal Board at the Department of Municipal Affairs and
Environment, 4th Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, NL,
AlB 4J6 is the Secretary to all Appeal Boards in the province. 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 Appeal Board.
2.
The fee required under Section 44 of the Act shall be paid to the Appeal Board that hears
the decision being appealed by filing it with the Secretary referred to in Subsection (1)
within the fourteen (14) days referred to in Subsection 42(4) of the Act.
3.
The Appeal Board that hears the decision being appealed shall, subject to Subsection
44(3) of the Act, retain the fee paid to the Appeal Board.
4.
Where an appeal of a decision and the required fee is not received by an Appeal 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.
3.23
Appeal Registration
[Provincial Reg. 7)
1.
Upon receipt of an appeal and fee as required under the Act and these Regulations, the
Secretary of the Appeal Board as referred to in Subsection 3.24(1), shall immediately
register the appeal.
2.
Where an appeal has been regist ered the Secretary of the Appeal Board shall notify
Council of the appeal and shall provide to Council a copy of the appeal and the
documentation related to the appeal.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
39
3.
Where Council has been notified of an appeal Council 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 Council 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 Council, a notice that the
appeal has been registered.
5.
A notice published under Subsection (4) shall be published not fewer than two (2) weeks
before the date upon which the appeal is to be heard by the board.
3.24
Development Prohibited
[Provincial Reg. 8]
1.
Immediately upon notice of the registration of an appeal Council 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 Council 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, Council shall not carry out work related to the matter being
appealed.
3.25
Board of Appeal
The Western Newfoundland Board of Appeal is established as the appeal Council for the Channel-
Port Aux Basques Municipal Planning Area. The mandate, powers, and Council of this Appeal
Board are specified under Sections 40- 46 ofthe Act, and the Ministerial Regulations thereunder.
3.26
Appeals
[Urban and Rural Planning Act Sec. 42 (1]
1.
A person or an association of persons aggrieved of a decision that, under the regulations,
may be appealed, may appeal that decision to the appropriate Appeal Board where the
decision is with respect to:
a.
an application to undertake a Development;
b.
a revocation of an approval or a permit to undertake a Development;
c.
the issuance of a stop work order; and
d.
a decision permitted under the Act or another Act to be appealed to the board.
2.
A decision of Council to adopt, approve or proceed with a Municipal Plan, a scheme,
Development Regulations and amendments and revisions of them is final and not subject
to an appeal.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
40
3.
An Appeal Board shall not make a decision that does not comply with the Municipal Plan,
a scheme and Development Regulations that apply to the matter being appealed.
4.
An appeal shall be filed with the Appeal Board not more than fourteen (14) days after the
person who made the original application appealed from has received the decision being
appealed.
5.
An appeal shall be made in writing and shall include:
a. a summary of the decision appealed from.
b. the grounds for the appeal; and
c. the required fee.
6.
An Appeal Board may meet as often as it considers necessary to conduct its work in an
expeditious manner.
7.
A person or group of persons affected by the subject of an appeal or their representatives
may appear before an Appeal Board and make representations concerning the matter
under appeal.
8.
An Appeal Board may inform itself of the subject matter of the appeal in the manner it
considers necessary to reach a decision.
9.
An Appeal Board shall consider and determine appeals in accordance with the Act and
the Municipal Plan, scheme and regulations that have been registered under Section 24,
of the Act, and having regard to the circumstances and merits of the case.
10.
In determining an appeal, an Appeal Board may confirm, reverse or vary the decision
appealed from and may impose those conditions that the board considers appropriate in
the circumstances and may direct Council to carry out its decision or make the necessary
order to have its decision implemented.
11.
Notwithstanding Subsection (10), where Council may, in its discretion, make a decision,
an Appeal Board shall not make another decision that overrules the discretionary
decision.
12.
The decision of a majority of the members of an Appeal Board present at the hearing of
an appeal shall be the decision of the Appeal Board.
13.
The Appeal Board shall, in writing notify the appellant and Council of the decision of the
Appeal Board.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
41
3.27
Hearing Notice and Meetings
[Provincial Reg. 9]
1.
An Appeal Board shall notify the appellant, Applicant, Council and other persons affected
by the subject of an appeal of the date, time and place for the appeal not fewer than
seven (7) days before the date scheduled for the hearing of the appeal.
2.
An Appeal Board may meet as often as is necessary to conduct its work in an expeditious
manner.
3.28
Hearing of Evidence
[Provincial Reg. 10)
1.
An Appeal Board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under Section 3.29(1) or their representative may
appear before the Appeal Board and make representations with respect to the matter
being appealed.
2.
An Appeal Board shall hear an appeal in accordance with Section 43 of the Act and these
Regulations.
3.
A written report submitted under Subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as
evidence directly provided at the hearing of the Appeal Board.
4.
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
3.29
Return of Appeal Fee
[Urban and Rural Planning Act, Section 44(3)]
Where an appeal made by an appellant under Section 42 of the Act, is successful, an amount of
money equal to the fee paid by that appellant under Section 3.24(2) shall be paid to the appellant
by Council.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
42
PUBLIC NOTIFICATION
3.30
Notice of Application - Variance, Non-Conforming Use, Discretionary Use
1.
Notice of an application must be given when:
a. a Variance is to be considered under Section 3. 7;
b. a Change in a Non-Conforming Use is to be considered under Section 4.17;
c. the proposed Development is listed as a Discretionary Use in Section 9; and
d. Council determines that the public should be notified of an application.
2.
Subsequent to 3.30.1, Council shall give notice of an application for a Development
Approval and Approval in Principle as follows:
a.
b.
for an application for a Variance, a direct notification of persons that are affected
by the application as specified under Sections 3.8 (Variances), and in compliance
with the provisions of the Act. Council may use the property tax roll where
available, or other means to determine who is affected.
for a Change in a Non-Conforming Use, any proposed Development listed as a
Discretionary Use, if Council is using discretionary power, or if Council determines
the public should be notified of an application, there shall be a public
advertisement in a newspaper circulating in the area, with a minimum fourteen
(14) day response period, to be specified in the notice.
3.
Notice of an application shall be at the expense of the Applicant.
4.
Notice of an application shall contain enough information to properly inform the public
of the location, the proposed type of Development and other information deemed
necessary to determine whether or not there is a concern about the application.
3.31
Notice of Application - Rezoning, Text Amendment
Where the Town has received an application for an amendment to the Development
Regulations (property rezoning and/or text amendment), prior to considering it for approval:
1. Council shall advertise or cause to be advertised such application by one (1) advertisement in
the newspaper in circulation in Channel-Port Aux Basques at least fourteen {14) calendar days
prior to a Regular M eeting of Council where such application shall be considered.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
43
2. The newspaper notice shall:
a. contain a general description of the application;
b. specify the date set for a Regular Meeting of Council at which the application is to be
considered;
c. specify the date set for receipt of written representation on the application by the Town
Clerk; and,
d. identify the place and time where the application can be viewed by the public.
3. Council may make such effort as it deems reasonable to provide that written notices are
mailed to the addresses of property owners, as identified on the current Town of Channel-
Port Aux Basques assessment role, within the immediate vicinity the application site, a
minimum of fourteen (14) calendar days prior to a Regular Meeting of Council where such
application is considered.
4. Council may require a Public Information Session (Meeting) to be held in respect of any
matter arising under these Regulations:
a. The Town Clerk shall cause to be recorded the proceedings of the Public Information
Session and these proceedings, together with any written representations, shall be
considered by Council when it makes its decision on the matter, which is the subject
of the Public Information Session.
b. Council shall appoint a member of Council as Chairperson of the Public Meeting.
Alternatively, Council may delegate this duty to a staff member or to a third party.
c.
Public Notification in respect of a Public Information Session shall be as outlined in
(1), (2) and (3) above, substituting only references to "a Regular Meeting of Council",
with "a Public Information Session".
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPM ENT REGULATIONS 2019-20 29
Boundridge Planning and Development Services Inc.
44
SECTION 4:
GENERAL DVELOPMENT STANDARDS
4.1
Access Ramps and Decks
l.
An access ramp for a wheelchair may, at the discretion of the Town after consultation with
abutting property owners, be erected in a minimum front, rear or side yard if there is no
alternative means of providing the access ramp and it does not create a safety hazard or block
sight lines.
2. An open or partially enclosed deck attached to a building shall not extend into the minimum
permissible front and side yards and flanking road setback and shall not be closer to the rear
lot line than 1 metre.
3. An access ramp or open deck is not deemed to be part of the building when calculating lot
coverage under the Use Zone Requirements.
4.2
Accesses and Service Streets
1. Access shall be located to the specification of the Town so as to ensure the greatest possible
convenience and safety of the street system and the Town may prescribe the construction of
service streets to reduce the number of accesses to collector and arterial streets.
2. No vehicular access shall be closer than 10 metres to the street line of any street intersection.
3. Council may require, at the Developer's expense, installation of traffic control devices as may
be necessary to ensure vehicular and pedestrian safety as a result of a Development.
4. Council may require the provision of Service Streets to reduce the number of individual
Accesses to an adjacent Street.
5. In order to control access to Streets Council may, by the adoption of an Access Plan:
a. determine the number, location and layout of accesses to a Street;
b. require an access to a Service Street, where direct access to an adjacent street is not
desirable; and
c. require two or more properties to share a joint access to an Arterial where individual
accesses would not be desirable; and
d. reduce the minimum Lot Frontage required by Section 9 by up to 10%, provided that
Council is satisfied that such a reduction will not create traffic hazards or demands for
municipal services.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
45
4.3.1 Accessory Buildings - Residential
1.
Accessory buildings shall be clearly incidental and complementary to the use of the main
buildings in character, use and size, and except as otherwise determined at the discretion
of the Town, shall be contained on the same lot as the main building or buildings.
2.
The Town may in its discretion allow an accessory building which is not complementary
to the main buildings in terms of character where the property is large and the accessory
building would not be visually obtrusive or offensive.
3.
Accessory buildings shall not exceed 9% in lot coverage or 70 square metres in area,
whichever is the less. However, the lot maximum allowable floor area may be increased
up to 80 square metres at the discretion of the Town, provided that it does not exceed
the maximum allowable lot coverage of 9%.
4.
Where located to the rear of the dwelling, an accessory building shall not be closer than
1 m to the side lot line, and 1 m to rear lot line, and accessory buildings shall maintain a
minimum separation distance of 3.6 m from a dwelling. Within the minimum 3.6 m
separation distance between a dwelling and an accessory building, an accessory building
shall maintain a minimum separation distance of 1 metre from a deck.
5.
Where located to the side of the dwelling, and not extending to the rear of the dwelling,
an accessory building shall not be closer the front lot line than the main building (see also
Clause 6 following) and 1.8 m from the side lot line.
6.
However, the Town in its discretion may permit the erection of an accessory building in
front of the main building and up to the building line. In no case shall the accessory
building be erected between the building line and the front property line unless the main
building is already located in front of the building line, in which case the Town in its
discretion may permit the erection of an accessory building at the same distance from the
front property line as the main building.
7.
Notwithstanding the foregoing, accessory buildings on two (2) adjoining properties may
be built to property boundaries provided they shall be of fire-resistant construction and
have a common firewall.
8.
The maximum height of an accessory building shall not exceed 5 metres. However, the
Town in its discretion may allow a maximum height of 6 metres.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
46
4.3.2
Accessory Buildings - Non-Dwelling and Non-Apartment Building Uses
This Regulation sets out the requirements for accessory buildings for non-dwelling and non-
apartment uses, that is, uses not included under Section 4.3.1.
1. Accessory buildings shall be clearly incidental and complementary to the use of the principal
buildings in character, use and size, and shall be contained on the same lot as the principal
building or buildings.
2. Building Line - The minimum building line for an accessory building shall be as that set out
in the Use Zone for principal and other buildings.
3. Side Yard and Rear Yard and Flanking Road - the minimum side yard and rear yard for an
accessory building shall be 5 metres where it abuts a residential zone or property, and the
accessory building shall not be closer to a flanking road than that set out for the principal
building under the Zone Requirements.
4. Separation Distance from Principal Building - Accessory buildings shall maintain a minimum
separation distance of 3 metres from a principal building or the minimum required by the
Building Code, whichever is the greater.
5. Lot Coverage - Unless otherwise specified under Section 9, no lot coverage requirements are
set out.
6. Floor Area - Unless otherwise specified under Section 9, no floor area requirements are set
out.
7. Height - The maximum height of an accessory building shall not exceed the height of the
principal building.
4.4
Accessory Uses
1. 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.
2. Unless prohibited in the Use Zone in which a property is located, uses accessory to a
Permitted or Discretionary Use shall be permitted in any zone, for example:
a. facilities for the serving of food and alcoholic beverages in an arena or other place of
assembly, museum, marina, or hotel (commercial - residential);
b. vehicle repair facilities within a shop, such as a major retail outlet, or automobile
dealership;
c.
a gift or souvenir shop in a museum, hotel or other establishment;
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
47
d. office and/or a small convenience store or catering establishment in a campground;
e. a dock, wharf or stage associated with a permitted or discretionary use;
f. an accessory dwelling or accessory dwelling unit, such as a caretaker's dwelling or
subsidiary apartment;
g. a business conducted in a dwelling or a building accessory to a dwelling conducted by
a resident of a dwelling and compatible with the primary residential use of the
property {home business);
h. a solar panel, satellite dish or similar device attached to a building.
3. These accessory uses shall be clearly subsidiary to and controlled so as to be compatible with
the primary use and the use of nearby properties.
4.5
Advertisements (Signs)
Advertisements (Signs) shall not be erected or displayed except in accordance with Section 7 of these
Regulations and the Highway Sign Regulations pursuant to the Urban and Rural Planning Act
2000.
4.6
Archaeological Sites
1. If an archaeological site or historical artifacts are discovered during construction,
development shall cease and the Provincial Archaeology Office of the Department of Tourism,
Culture, Industry and Innovation consulted.
Development shall not proceed until the
Provincial Archaeology Office has evaluated the site.
2. Before approval is granted for a major development, such as a subdivision, or a new
commercial or public building, the application shall be referred to the Provincial Archaeology
Office for investigation.
4. 7
Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or proposed
residential area, or is separated from it by a road only, the owner of the site of the industrial
development shall provide a buffer strip not less than ten {10) metres wide between any
residential activity and the industrial area. The buffer shall include the provision of such natural
or structural barrier as may be required (e.g.: a landscaped, treed berm or a screen wall) by the
Town and shall be maintained by the owner or occupier to the satisfaction of the Town.
4.8
Building Line and Setback, Complementary Yard Setbacks
1. The Town, by resolution, may establish building lines on an existing or proposed street and
may require any new buildings to be located on those building lines, whether or not such
building lines conform to the standards set out in the Use Zone(s).
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
48
2. However, notwithstanding the minimum front, side and rear yard requirements set out in the
Zone in which a property is located, the Town may allow development to complement
existing building setbacks from t he front, side and rear lot lines of the adjoining properties by
modifying the minimum yard requirements and after notification is given to the adjacent
property owners.
3. The building line along Provincial highways shall not be less than that specified under the
provincial Building Near Highways Regulations.
4.9
Building Near Highways
Any building, fence, shrub or hedge within 45 metres of the centre-line of the Trans-Canada
Highway or 20 metres of Highway 470 cannot be approved until permission is first given by the
Department of Transportation and Works. Access to any provincial highway must be approved
by the Department of Transportation and Works before a permit can be issued by the Town.
4.10
Buildings on a Lot
1. Except for single dwellings, more than one principal or main building can be permitted on a
Lot provided that the Use Zone Requirements are satisfied. However, more than one single
dwelling can be permitted on lot where it forms part of a comprehensive development under
Section 5.7.
2. Sufficient area shall be reserved to satisfy the yard and other allowances called for in the Use
Zone in which the lot located and the allowances shall be retained when the adjacent land is
developed.
4.11
Height Exceptions
1.
Building Height shall be in accordance with the requirements of the applicable Use Zone.
2.
The height requirements prescribed in applicable Use Zone of these Regulations may be
waived in the case of communication masts and antennae, flagpoles, water towers,
spires, belfries, or chimneys; but any such waiver which results in an increase of more
than 20% in the permitted height of the structure shall only be authorized under the
provisions of Section 3.6 (Discretionary Powers of Council).
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundrldge Planning and Development Services Inc.
49
4.12
Heritage Sites and Areas
1. There are a number of buildings of interest, including St. James Anglican Church (1927), the
Provincial Court House and a number of cemeteries which are significant to the Town's
history and culture. No development shall be allowed which could impair the quality or
significance of these properties, or other buildings or sites which would be so identified. Any
development adjacent or within 30 metres of these properties shall be reviewed by the Town
to ensure that there are no negative effects on these properties.
2. The Town may from time to time designate heritage areas and sites and under the Sections
200 (2) and 414 (1) (dd) respectively of the Municipalities Act.
4.13
Lot Area
1.
No lot shall be reduced in area, either by the conveyance or alienation of any portion
thereof or otherwise, so that any building or structure on such lot shall have a lot coverage
that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than
that permitted by these Regulations for the zone in which such lot is located.
2.
Where any part of a lot is required by these Regulations to be reserved as a yard, it shall
continue to be so used regardless of any change in the ownership of the lot or any part
thereof; and shall not be deemed to form part of an adjacent lot for the purpose of
computing the area thereof available for building purposes.
4.14
Lot Area and Size Exceptions
Council may approve Development of a Building 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 where:
a.
There is evidence that the Lot had received approval from Council prior to the coming
into effect of these Regulations; and
b.
The Development can meet the minimum standards for Lot Coverage, Yards and Floor
Area set out in the applicable Use Zone in which it is located.
4.15
Lot to Front on a Public Road
Except where specifically provided for in the applicable Use Zone of these Regulations, no
residential or commercial building shall be erected unless the Lot on which it is situated fronts
directly onto a street or forms part of a Comprehensive Development Scheme.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
so
4.16
Lots - Development Over Easements
No permanent Building shall be constructed over any known easement, whether that easement
has been assigned to the Town of Channel-Port Aux Basques, a department of the provincial or
federal government, or a utility company
4.17
Non-Conforming Uses
This Regulation is derived from Section 108 of the Urban and Rural Planning Act 2000, and
Sections 14, 15, and 16 of the Ministerial Development Regulations.
1. Continuance of Non-Conformity - Notwithstanding a plan, scheme or regulations made under
the Urban and Rural Planning Act 2000, the Town shall, in accordance with regulations made
under this Act, allow a development or use of land to continue in a manner that does not
conform with the Municipal Plan and these Regulations provided that the Non-Conforming
Use legally existed before the registration under Section 24 of the Act of the plan, scheme or
regulations made with respect to that kind of development or use.
2. Discontinuance/Expiry of Non-Conformity - Notwithstanding subsection 4.17.1, a right to
resume a Discontinued Non-Conforming Use of land shall not exceed twelve (12) months. For
the purpose of this Regulation, Discontinuance of a Non-Conforming use begins when any
one of the following conditions is met:
a. the building or use of land is clearly vacated or the building is demolished;
b. the owner or tenant has ceased paying business occupancy taxes for that use;
c. the owner or tenant has stated in writing that the use has ceased.
· 3. A building, structure or development that does not conform to a scheme, plan or regulations
made under the Act that is allowed to continue under subsection 4.17.2:
a. shall not be internally or externally varied, extended or expanded unless otherwise
approved by the Town;
b. shall not be structurally modified except as required for the safety of the building,
structure or development;
c. shall not be reconstructed or repaired for use in the same non-conforming manner where
50% or more of the value of that building, structure or development has been destroyed;
d. may have the existing use for that building, structure or development varied by the Town
to a use that is more compatible, in Council's opinion, with the Municipal Plan and these
Regulations;
e. may have the existing building extended by the Town where, in Council's opinion, that
extension is not more than 50% of the existing building;
f. where the non-conformance is with respect to the standards included in the Development
Regulations, the building, structure or development shall not be expanded if the
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
51
expansion would increase the non-conformity - and an expansion must comply with the
development standards applicable to that building, structure or development.
g. where the building or structure is primarily zoned and used for residential purposes, may,
in accordance with the with the Municipal Plan and these Regulations, be repaired or
rebuilt where 50% or more of the value of that building or structure is destroyed; and
h. a residential building or structure referred to in the above paragraph must, where being
repaired or rebuilt, be repaired or rebuilt in accordance with the with the Municipal Plan
and these Regulations applicable to that building or structure, except for Lot Size.
4. Public Notification -
Where considering a Non-Conforming Building, structure or
development under Section 4.17.3.d of these Regulations, and before making a decision to
vary an existing use of that non-conforming building, structure or development, the Town, at
the applicant's expense, and per Section 3.30, shall publish a notice in a newspaper circulating
in the area or by other means give public notice of an application to vary the existing use of
a non-conforming building, structure or development and shall consider any representations
or submissions received in response to that advertisement.
4.18
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous fumes,
smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any
nuisance that has an unpleasant effect on the senses unless its use is authorized by the Town and
any other authority having jurisdiction.
4.19
Adaptive Re-Use: Offstreet Loading and Parking Requirements and Reduction
Reduction - In order to facilitate adaptive re-use of existing buildings and properties the Town
may, in its discretion, reduce the minimum offstreet parking and loading requirements beyond
ten percent (10%) where it can be established that there will be no negative impacts on nearby
properties - that is, that there will be no extended on-street parking or blocking of access and
that this reduction will not pose a safety hazard or create snow-clearing difficulties.
4.20
Parks and Playgrounds, and Conservation Uses
1. Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and
playgrounds are not located in areas which may be hazardous to their use and are not
operated for commercial purposes.
2. Parks and playgrounds may be located on backlands but shall have at least one 5-metre-wide
vehicular access directly onto a public street.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
52
3. Fences, hedges or barriers around parks and playgrounds shall be no higher than 1 metre
when in front of the building line on all street frontages, unless the fences or barriers are
constructed of materials which do not obstruct vision.
4. The Town may permit fences or barriers only to a maximum height of 1.5 metres in front of
the building line if they are constructed of materials which do not obstruct vision and their
design and construction is otherwise to the Town's satisfaction.
4.21
Protected Road Zoning Regulations
1. Within the Town boundary - from the eastern abutment of the Grand Bay Bridge to the Town
boundary- any development within 100 metres of the closest centre-line of the Trans Canada
Highway Route 1 within the Town requires the approval of Service NL.
2. Outside the Town boundary - but within the Municipal Planning Area - approval of Service NL
is required for any development within 150 metres of the closest centre-line of the Trans-
Canada Highway Route 1.
3. Within the above-mentioned corridors development along the Trans-Canada Highway Route
1 is regulated under the Protected Road Zoning Regulations pursuant to the Urban and Rural
Planning Act 2000. However, the provisions of these Regulations override the Protected
Zoning Regulations, even though a permit is required from Service NL.
4.22
Recreational Trails and Walkways
[See also Section 4.34 - Waterways and Wetlands]
1. As a condition of an Approval in Principle and/or a development permit the Town may require
that a trail corridor be deeded to the Town for public use; and where applicable, this may be
considered part of the open space requirement under Section 6 of these Regulations.
2. Wherever space and terrain characteristics allow, the appearance and use of well-known
trails and/or mapped trails, including the T'Railway, shall be protected by natural vegetation
buffers that separate the trail and other forms of development and from hazard areas and
areas subject to erosion, such as river and brook banks.
3. The vegetation buffer shall be deep enough to prevent shallow rooted trees being knocked
over by wind.
4. The buffer is included within the trail corridor that includes the trail and the buffer.
5. The minimum width of a trail corridor shall be 30 metres - 15 metres either direction from
the centre of the trail. However, the trail corridor may be reduced where:
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
53
a.
the area adjacent to the trail is already developed, as along portions of the trail or
T' Railway;
b.
in the opinion of the Town it is necessary to reduce the corridor width due to
reason of site conditions, ownership, or other pertinent factors, in which case the
trail or Track corridor may be reduced to 15 metres.
6. For a trail to be eligible for protection it must be shown on the Land Use Zoning Maps, and/ or
on a plan of trails adopted by the Town and/ or, as indicated on a plan of a trail w hich has
been accepted by the Town.
7. Unless it is already shown on the Land Use Zoning Maps or other plan approved by the Town
as a trail, the designation of a trail or trails for protection shall be advertised in accordance
with the provisions of Section 3.31 and an opportunity provided for persons to comment
before a trail or plan of trails is adopted by the Town.
8. Within the trail corridor, only accessory recreational uses, public utilit ies and roads can be
allowed. No other development is permitted on or near the trail.
4.23
Residential Buffer
1. Where any proposed non-residential use is to abut an existing or proposed residential use or
a Residential zone, the proponent of the non-residential development may be required to
provide a buffer. Conversely, in the case of a residential development locating adjacent to
an existing or proposed non-residential use or zone, the Town may require the developer of
the residential use to provide a buffer. Any such buffer shall be made up of hedges, trees,
shrubs, earthen berms or structural barriers that will sufficiently mitigate noise, visual
unpleasantness and other undesirable effects. Trees and shrubs existing on the site prior to
development which could form all or part of a buffer shall not be removed.
2. Before approving any non-residential development near existing or proposed residential
development or Residential zones, the Town must be satisfied that the proposed non-
residential development:
a. will not give rise to excessive noise or other forms or pollution;
b. will not generate vehicle traffic which is above the level acceptable to adjacent
residential amenities;
c. will not cause an unacceptable nuisance or hazard to adjacent residential uses; and;
d. in general, can be considered acceptable to the amenity of residential uses.
4.24
Screening and Landscaping
1. The Town may, in the case of existing unsightly development, order the ow ner or occupier to
provide adequate and suitable landscaping or screening; and for this purpose, may require
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundrldge Planning and Development Services Inc.
54
the submission of an application giving details of the landscaping or screening, and these
Regulations shall then apply to that application.
2. The provision of adequate and suitable landscaping or screening may be made a condition of
any development permit where, in the opinion of the Town, the landscaping or screening is
desirable to preserve amenity, or protect the environment.
4.25
Services and Public Utilities
The Town can within any zone permit land to be used in conjunction with the provision of public
services and public utilities if the use of that land is necessary to the proper operation of the
public service or public utility concerned provided that the design and landscaping of any
development of any land so used is, in the opinion of the Town, adequate to protect the character
and appearance of the area.
4.26
Site Development and Subdivision Development - Marine Coastline
1. The Town shall consider the suitability of the site in terms of steepness of grades, soils and
geology, and environmentally sensitive areas, including waterways and wetlands, when
reviewing a development application. If there is uncertainty in delineating the highwater
mark and where a development buffer should commence, the Town shall consult a coastal
geomorphologist or other expert to obtain the necessary advice in making a decision to
establish the most landward high-water mark indicator.
2. The Town shall ensure that the proposed development is not inappropriate by reason of:
a. precipitating or contributing to pollution in the area; and/or
b. causing erosion and/or sedimentation; and/or
c. causing damage to nearby properties.
3. Along the marine coastline, wherever possible development required for emergency services
and developments containing vulnerable populations (hospitals, special care homes, seniors'
complexes, etc.) shall be located above the 8-metre elevation. An exception can be made if,
after suitable analysis, the risk of flooding is deemed to be minor and/or the structure can
withstand the damage that could be incurred by a flood or storm event.
4. Along the marine coastline, except for marine related activities and temporary or minor
structures, new development may not be permitted at or below the 4 metre elevat ion, unless
it can be demonstrated to the satisfaction of the Town and other relevant authorities that
the risk is low and/or that the development can withstand the damage that could be incurred
by a flood or storm event.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
55
5. Wherever possible, natural features such as beaches, barrier islands, and shoreline
vegetation that can mitigate the impacts of storms shall be maintained.
6. When a subdivision or any development is being approved a portion of the development site
may be set aside for drainage control and this may include retention ponds, swales and similar
facilities. These drainage control facilities shall not be included in the calculation of open
space as set out under Section 37 of the Urban and Rural Planning Act 2000.
7. The Town may require that a plan of an entire area be approved before a subdivision or
development occupying a portion of the area is approved.
4.27
Site Development - Grubbing, Filling-in or Excavation of Land
1. Approval shall be obtained from the Town before any grubbing, filling-in or excavation of land
takes place. This approval can be part of the permit obtained for the construction of a
dwelling or other use.
2. Where such grubbing, filling-in or excavation can affect the buffer of water body or the water
body, then a permit shall also be obtained from the Department of Municipal Affairs and
Environment, and where applicable, Fisheries and Oceans Canada.
(1} Development in Shore Water Zones
The proponent must apply for and obtain a permit under the Water Resources Act,
2002, specifically Section 48 http://assembly.nl.ca/Legislation/sr/statutes/w04-
01.htm for any work in Shore Water Zones prior to the start of construction. Also,
any work in the Shore Water Zones must comply with the Municipal Affairs and
Environment Department's Policy for Development in Shore Water Zones:
http://www. mae .gov. n I .ca/waterres/regu lations/policies/shore_ water. htm I .
(2} Infilling within 15 metres of Bodies of Water
The proponent must apply for and obtain a permit under the Water Resources Act,
2002, specifically Section 48 http:/ /assembly.nl.ca/ Legislation/sr/statutes/w04-
01.htm for any infilling work within fifteen (15} metres of a body of water prior to
the st art of infilling. Also, any proposed infilling within fifteen (15} metres of a body
of water must comply with Municipal Affairs and Environment Department's Policy
for Infilling Bodies of water:
http://www. m ae.gov .n I .ca/waterres/regu lations/policies/bod ies_ of_ water. html
3. A landscaping and site grading plan for any new development shall form part of the
application for a development permit for a development which entails the development of
the entire site or significant portion thereof and to this application shall be attached a plan
showing vegetation -
particularly trees, water-bodies, rock outcrops and other natural
features.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
56
4.28
Site Development - Quarry and Soil Removal
1. If, as part of another development, quarry material is to be removed and sold or otherwise
disposed of, then a separate permit shall be obtained from the Department of Natural
Resources, Mineral Lands Division, for the removal of quarry materials. A copy of the Town's
permit must be forwarded to the Mineral Lands Division.
2. A site development quarry under this section is permitted wherever the use that this quarry
is associated with is permitted.
3. A quarry permit issued under this section shall only be valid for a period of one (1) year or the
term of the site development, whichever is the lesser. However, if the Town feels that it is
warranted, the permit may be renewed for additional one (1) year periods up to a maximum
of three (3) years from the date of the issuance of the first permit.
4. When the work is completed, the area affected shall be suitably landscaped and drained in
accordance with a plan approved by the Town.
5. If the site work is extensive, the Town may require the deposit of surety in accordance with
Section 3.10.3 of these Regulations that shall be returned to the developer upon satisfactory
completion of the work.
4.29
Site Development - Slope Greater than 15 Percent or 20 Percent
1. Before approving development and/or subdivision of a site having a slope greater than 15
percent up to 20 percent, the Town may require the submission of a review of the
development proposal by a certified planner, engineer, landscape architect or similar
professional.
The review shall evaluate the adequacy of site grading, drainage and
landscaping and storm water management and the potential of the development to cause
erosion onto and pollution of adjacent development and lands and bodies of water receiving
run-off from the site, and other similar matters.
2. No development shall be permitted on a slope greater 20 percent unless it is a public or
private recreational use or public service or utility.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPM ENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
57
4.30
Storage of Flammable Liquids
Uses and structures for the storage of flammable liquids shall meet the following requirements:
1.
They are constructed to conform with the requirements of the Provincial Fire
Commissioner.
2.
Where part of an approved Use in any commercial, industrial or planned Development
Use Zone, structures that contain flammable liquids shall generally be located in the Rear
Yard or Side Yard placed at or behind the Building Line; and
3.
Be surrounded by such buffers and landscaping as Council may require to prevent damage
to adjacent Uses by fire, explosion or spillage of flammable liquid or other dangerous
goods.
4.31
Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Authority.
4.32
Subsidiary Apartments
Subsidiary apartments may be permitted in Single Dwellings (Single Detached Dwellings) only;
and for the purposes of calculating lot area and yard requirements, shall be considered part of
the self-contained dwelling.
4.33
Un-subdivided Land
Develop·me·nt is not permitted on un-subdivided land unless sufficient area is reserved to satisfy
the yard and other allowances called for in the Use Zone in which it is located and the allowances
shall be retained when the adjacent land is developed.
4.34
Waterways and Wetlands
Development within waterways and wetlands is subject to this Section and all relevant provincial
and federal policies and statutes, including Department of Municipal Affairs and Environment
Conservation Policy Directives W.R. 97-1: Development in Shorewater Zones, W.R. 97-2:
Development in Wetlands, and W.R. 96-1: Flood Plain Management which are set out in Appendix
C. Where there is a conflict between the Policy Directives and this Regulation, the more restrictive
standards shall apply.
1. Minimum Buffer - The minimum width of a buffer along a waterway or wetland shall be 15
metres from the highwater mark of the stream, river, pond or other body of water or wetland.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
58
This 15-metre buffer shall be expanded to 30 metres along the marine coastline and
estuaries.
2. Measuring Buffer - If the toe of an embankment with an average slope of 30% or more lies
within 15 or 30 m of the high water mark of the waterway, then the buffer shall be measured
from the top of the embankment. If there is uncertainty in delineating the highwater mark
and where a development buffer should commence, the Town shall consult a coastal
geomorphologist or other expert to obtain the necessary advice in making a decision to
establish the most landward high-water mark indicator.
3. Limited Uses Allowed - Subject to the approval of the Department of Municipal Affairs and
Environment and the Town, the only uses that can be permitted in the buffer area of a
waterway are roads, driveways, public utilities, recreational open space and trails and uses
requiring direct access to a body of water, such as wharves and docks and other marine
related uses.
4. Approvals Required - Development, and this includes placing fill or other materials, within a
waterway and the buffer area of a waterway is subject to the approval of the Town, the
Provincial Government, and where necessary, the Government of Canada.
5. Environmental Review - The Town or the Provincial Government may subject development
within the buffer area of a watercourse to an environmental review, and may approve,
approve subject to conditions, or refuse such development. The matter of adequate and
usable legal public access to the waterway shall be a consideration in the review of an
application for a structure within a buffer and/or waterway.
6. Any development within a body of water or involving the alteration of a body of water must
be approved by or exempted by the Department of Municipal Affairs and Environment for
Crown Lands and referrals, Coast Guard Canada of Fisheries and Oceans Canada - Navigable
Waters Act, Fish Habitat Division of Fisheries and Oceans Canada and/or, the Resources
Division of the Department of Municipal Affairs and Environment before a permit is issued by
the Town.
-
The proponent must apply for and obtain a permit under the Water Resources Act,
2002, specifically Section 48 http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm for
any work in any body of water (including wetland) prior to the start of construction.
-
Any effluent or runoff leaving the site will be required to conform to the requirements
of the Environmental Control Water and Sewage Regulations, 2003
http ://assembly .nl .ca/Legislation/sr /regulations/ rc030065. htm.
7. Development within a buffer is subject to the approval of the Water Resources Management
Division of the Department of Municipal Affairs and Environment, Fisheries and Oceans
Canada and, where applicable, the Government Service Centre of Service NL.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
59
8. Wetlands can only be developed in such a way as to minimize damage and impacts on the
hydrology and environment of the area.
9. Any development within a wetland or the buffer of a wetland shall require the approval of
the Minister of Municipal Affairs and Environment as well as the Town whether or not that
wetland is zoned Environmental Protection under the Development Regulations.
10. If a waterway or wetland is deemed to be minor, wherever possible such waterways and
wetlands shall remain undeveloped and protected by a buffer. If a site is to be developed,
alternatives to covering over or eliminating such waterways and wetlands shall be explored,
including relocation of the waterway or wetland and/or redesign of the development.
11. Minor Waterway Definition - a drainage course, an intermittent stream which does not carry
significant storm flows and/or a stream which is not a fish habitat.
12. Minor Wetland Definition - a wetland less than 5,000 square metres {5000 m2) in area not
associated with a waterway and not deemed have a role in water management, wildlife
habitat or the conservation of an environmentally sensitive area.
4.35
Fences
Notwithstanding any other provision of these Regulations, a fence may be placed or located in
any yard, however:
a. Except for a security fence of chain link construction in any Commercial, Industrial,
Institutional or Special zone, no fence located within the required front and flanking yard
shall exceed·1 metre in height.
b. No fence shall exceed 2.5 metres in height in any zone.
c.
No fence in any Residential zone shall be electrified or incorporate barbed wire or other
sharp dangerous material in its construction.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-20 29
Boundridge Planning and Development Services Inc.
60
SECTION 5:
SPECIFIC USE REGULATIONS
5.1
Adult Day Care Use (Non-Residential)
An Adult Day Care Use (Non-Residential) shall be subject to the following conditions:
a.
The Use shall comply with all pertinent provincial and municipal regulations.
b.
Adequate noise separation shall be maintained between the Use and adjoining Dwelling
Units in an apartment building.
c.
Adequate noise separation shall be maintained between the Use and adjoining
commercial Uses.
d.
A fire exit for the exclusive use of the Adult Day Care Use shall be provided.
e.
A separate entrance for the exclusive use of the Adult Day Care Use shall be provided
unless the entrance to the Use from a common lobby or foyer is immediately adjacent to
such lobby or foyer.
f.
Parking as required in these Regulations shall be provided and reserved for the exclusive
use of the Adult Day Care Use and identified as such on the parking plan.
g.
A minimum of 5 square metres of Net Floor Area per person shall be provided for use by
the Adult Day Care users, this aggregate floor space shall be utilized for the purpose of
group amenity areas and individual rest areas; and
h.
The Use shall operate only during the full daytime period between 7:00 a.m. and 6:00
p.m.
5.2
Adult Day Care Use (Residential)
An Adult Day Care Use (Residential) shall be subject to the following conditions:
a.
The Use shall comply with all pertinent provincial and municipal regulations.
b.
The Use shall occupy a maximum of forty 40% of the Floor Area of the Dwelling Unit.
c.
The Use shall have a maximum of six (6) Adult Day Care users present at any time.
d.
A minimum of 5 square metres of Net Floor Area per person shall be provided for use by
Adult Day Care users, this aggregate floor space shall be utilized for the purpose of group
amenity areas and individual rest areas.
e.
Adequate parking shall be provided.
f.
The operator of the Use shall maintain the dwelling in which the Use is located as his/her
primary residence.
g.
A maximum of one (1) person, other than the operator, shall be employed in the Adult
Day Care Use.
h.
The Use shall be clearly subsidiary to the residential Use.
i.
The Use shall be compatible with nearby Uses; and
j.
The Use shall operate only during the full daytime period between 7:00 a.m. and 6:00
p.m.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
61
5.3
Assisted Living Residential Home (Personal Care Home Use)
Assisted Living Residential Homes, where permitted, shall meet the following requirements:
a.
They shall be licensed by the applicable provincial authority (where required).
b.
Have paved Access and parking area.
c.
Council may require a privacy fence to be constructed.
d.
Unless part of a planned mixed-use Development, meet the following minimum Lot
standards:
Standard
Lot Frontage (min)
30 metres
Building Line Setback (min)
10 metres or consistent with the Building Line
Setback as established by Existing Lots on the
Street
Side Yard (min)
5 metres, 5 metres
Rear Yard (min)
10 metres
Lot Coverage (max)
50%
Landscaping (min)
20%
e.
A Personal Care Home Use is permitted in a Dwelling Unit that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff. The Use and
appearance of the dwelling shall not materially differ from, nor adversely affect, the
amenities of the adjacent residences or neighbourhood.
5.4
Bed and Breakfast; Boarding House
1. The following conditions shall apply to a Bed and Breakfast operation:
a. the proposed building has an exterior design and landscaping which is sensitive to the
residential character of the surrounding area and respects the appearance, scale and
density of adjacent dwellings and properties;
b. the parking area is suitably screened from adjacent residences;
c. the building lot shall have a minimum frontage of 20 metres;
d. the minimum lot area shall be 600 square metres;
e. signage is consistent with a residential neighbourhood, not more than one and not to
exceed 2.8 square metres;
f.
no change in the type, class or extent of the use shall be permitted except in
accordance with a permit issued by the Town;
g. the Bed and Breakfast establishment is licensed under the Tourist Establishment
Regulations.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
62
2. The following conditions shall apply to a Boarding House operation:
a. the proposed building has an exterior design and landscaping which is sensitive to the
residential character of the surrounding area and respects the appearance, scale and
density of adjacent dwellings and properties;
b. the parking area is suitably screened from adjacent residences;
c.
signage is consistent with a residential neighbourhood, not more than one and not to
exceed 2.8 square metres;
d. The total number of boarders or lodgers shall not exceed 7 persons.
5.5
Campground
1. A campground may only be permitted as a Discretionary Use, provided a plan of the
development is submitted in a format satisfactory to the Town, showing and specifying:
a. camping sites - location and sizes;
b. roads and accesses;
c. parking areas;
d. accessory uses, such as laundry facilities, storage areas, showers, snack-bar, and
convenience stores and the caretaker residence, and any other building or facility
accessory to the campground facility;
e. water supply and waste disposal services;
f.
landscaping;
g. buffers, and screening between the campground and existing and future residential
development;
h. the land to be developed on a legal survey prepared by a Newfoundland Land
Surveyor;
i.
where deemed, necessary by the Town, a phasing plan of the campground.
2. Commercial uses, washroom facilities, Laundromats and similar facilities, and parking areas
and recreational areas shall not be located adjacent to residential areas.
3. All sites and facilities shall only be accessed by the internal road network of the campground.
4. A suitable buffer located on the property and that is landscaped and planted with materials
approved by the Town and/or a privacy fence of a design approved by the Town, shall be
provided where the development abuts a public road, right of way, and/or a present or future
residential neighbourhood.
5. Any buffering or screening shall be properly maintained by the owner, and not allowed to fall
into disrepair or become unsightly.
TOWN OF CHAN NEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
63
6. The permit for a campground shall specify the maximum number of units and sites - in the
form of tents, recreational vehicles, and so forth -that may be accommodated on the site at
any one time. This number shall not be exceeded.
7. Any proposed expansion or alteration to a campground shall be subject to review by the
Town, and except for repairs and maintenance, shall be treated as a new Discretionary Use
Application.
8. The owner and/or the operator shall ensure that all bylaws and regulations of the Town
pertaining to noise, rowdy behavior, and litter are complied with.
9. Where deemed necessary by the town, a deposit sufficient to cover the cost of the buffer and
screening shall be deposited with the Town, and then subsequently returned by the Town
upon satisfactory completion of the work, or, used by the Town to complete the work in
accordance with the approved plan.
10. Notwithstanding the above, for an Overnight/ Short-Term RV and Travel Trailer Campground,
the requirements shall be, at Council's discretion, as determined by Council
5.6
Child Care (Daycare Centre)
Where permitted in a Use Zone, a Daycare Centre shall meet the following conditions:
a.
The operation is in accordance with all applicable provincial laws and regulations.
b.
The Building shall be designed so that its type, massing and visual appearance fits into the
Street on which it is located.
c.
A limit of one (1) Daycare or day nursery will be permitted on any cul-de-sac.
d.
Any on-site, outdoor play sp·ace will have a fence erected around its perimeter, with a
gate in case of emergency.
e.
Provision for off-street parking will be required as per the off-street parking requirements
of these Regulations.
f.
The drop-off and pick-up of children will not interfere with the free flow of vehicular
traffic.
g.
The Use is not located adjacent to or near hazardous, dangerous, or incompatible Uses.
These include, but are not limited to, heavy industrial Uses, Service Stations, garages,
Lounges, and nightclubs.
5.7
Child Care (Family)
Where permitted in a Dwelling Unit by the Town of Channel-Port Aux Basques, Child Care as a
Home-Based Business shall conform to the requirements of the Child Care Services Act and
Regulations. Where required, a licence to operate shall be obtained from the applicable
provincial department.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
----------- --
-
64
5.8
Comprehensive Development
The Town may in its discretion permit a large scale private or public comprehensive development
that does not meet the requirements of these Development Regulations for frontage on a
publicly owned and maintained road ('public road'), lot size, lot frontage, minimum or maximum
building line setback, side yard width and rear yard depth, provided that:
a. the Town is satisfied that either the site conditions are such that the standard requirements
could not be met, or, the quality of the development would be greater than could otherwise
occur through the application of the standard requirements;
b. a comprehensive development plan of the property has been granted Approval in Principle
by the Town, along with other approvals before permits are issued for development;
c.
the comprehensive development itself has frontage on a public road and the development is
connected to the municipal water and sewer system;
d. the development is compatible with adjacent development;
e. area of the development is at least two (2) hectares (4.9 acres);
f. the property is situated within the town or municipal boundary as opposed to being outside
the Town, but within, the Municipal Planning Area Boundary;
g. where roads and services are to be installed, the developer supplies sureties to the Town as
required under these Regulations or a policy adopted by the Town.
5.9
Convenience Stores
Where allowed as a Permitted Use or as a Discretionary Use, Convenience Stores may only be
permitted under the conditions set out below:
a. the store will form part of, or be attached to a self~contained dwelling unit or stand on a
separate lot;
b. the retail use shall be subsidiary to the residential character of the area, and shall not detract
from residential amenities of adjoining properties;
c. the floor area shall be no greater than 80 square metres;
d. off-street parking for at least five (5) automobiles shall be provided for the use of customers;
e. the store is located on a lot which fronts on a collector or arterial road.
5.10
Family and Group Care Centre
1.
Family Group Care Centre use is permitted in any dwelling or apartment that is adequate
in size to accommodate the number of persons living in the group, inclusive of staff,
provided that in the opinion of the Town, the use of the dwelling does not materially differ
from, nor adversely affect, the amenities of the adjacent residences, or the
neighbourhood in which it is located.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
65
2.
The Town may require special access and safety features to be provided for the occupants
before occupancy is permitted.
5.11
Forestry and Trees
1.
Forestry development, including timber cutting, is subject to the prior approval of the
Forestry Division of the Department of Natural Resources and the Town.
2.
Trees in subdivisions and on individual properties shall be retained or replaced wherever
possible, and in order ensure that this occurs, the Town shall require that a landscaping
and site grading plan is submitted for any new development that entails the development
of the entire site or significant portion thereof.
3.
See also Sections 4.27 and 4.28
5.12
Medical Treatment and Special Care and Seniors' Housing and Personal Care Facilities
Notwithstanding any other provisions of these Regulations, including those of the parking
standards for dwellings in this Zone of Section 8, the following provisions shall apply to "Medical
Treatment and Special Care and Seniors' Housing and Personal Care Facilities":
a. the development shall be a comprehensive development as set out in Section 5.7 of these
Regulations, except that the minimum dwelling floor areas, building line setbacks and yards
shall be as determined by the Town, planned as a single development with all of the necessary
facilities and services;
b. the development shall be tailored to the needs of the persons occupying the development in
accordance with their condition;
c. the overall design of the development-· including road layout, landscaping, building design
and location, parking areas, and so forth - is such that it is attractive, and compatible with
other uses in the vicinity;
c. a single management authority shall be responsible for the maintenance of properties within
the development;
d. building types can be those necessary to serve the purposes of the development, including a
variety of dwelling types, special purpose structures, communal storage areas and workshops
for the use of the residents, communal garages and care facilities;
e. the total lot coverage of all buildings does not exceed 33%;
f. the parking standards shall be tailored to the needs of the users of the facilities, provided that
there is adequate provision for both residents and visitors, and provided that where
independent living accommodation is provided in single, double or row dwelling types that
at least one (1) parking space per dwelling unit is provided adjacent the dwelling unit;
g. the development is connected to the Town's municipal water and sewer services.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
66
5.13
Mineral Exploration
1. No permit shall be issued by the Town for mineral exploration that is considered development
until the necessary approval is first obtained from the Department of Natural Resources
together with any other permits that may be required from other provincial agencies.
2. Subject to the other provisions of the Development Regulations, mineral exploration which
is not classed as development by virtue of appreciable ground disturbance, construction of
access roads, noise, odour and appearance can be permitted anywhere in the Planning Area,
provided that adequate notification is provided to the Town.
3. Mineral exploration which is classed as development can or may be permitted in certain
zones provided that adequate provision is made for buffering/and or other mitigations of
impacts of existing or future urban, residential, commercial, industrial, institutional and
recreational areas and provided that all necessary approvals are obtained.
4. Higher impact mineral exploration classed as development shall be subject to conditions that
control noise, appearance, duration of the drilling or excavating program and the control of
other impacts that may arise. The precise nature of these controls will depend upon the
location of the mineral exploration in respect to built-up and environmentally sensitive areas,
such as watersheds, waterways and wetlands.
5.14
Mineral Working
Mineral Working uses shall meet the conditions set out below:
1. Department of Natural Resources Approval
No permit shall be issued by the Town for mineral working that is considered development until
the necessary approval is first obtained from the Department of Natural Resources together with
any other permits that may be required from other provincial agencies.
2. Separation from Adjacent Uses
(1) Unless the Town 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.
Minimum Buffer Distance
of Pit or Quarry Working
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPM ENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
Hardrock quarry and Urban Development:
Other than hard rock quarry and
existing or Proposed Residential
Development:
Any other development area, or area
likely to be developed during the
life of the pit or quarry working:
Public highway or street:
Protected Road:
Waterbody or watercourse:
1,000 metres
300 metres
150 metres
SO metres
90 metres
50 metres
67
(2) Where a minimum required distance was originally observed when choosing the
location of a mineral working, the mineral working shall not be discontinued or
impeded where the buffer is reduced to less than the required distance due to
encroachment of development towards the mineral working.
3. Screening
A mineral working shall be screened in the following manner where it is visible from a public
street or highway, developed area, or area likely to be developed during the life of the working:
a. Where tree screens exist between the mineral working and adjacent public highways and
streets or other land uses (excepting forestry and agriculture), the tree screens shall be
retained in a 30-metre wide strip of vegetation so that visibility of any part of the
operation from the surrounding uses or streets will be prevented. The tree screens must
be maintained by the owner or occupier of the mineral working to retain 30 metres in a
forested appearance. Where vegetation dies or is removed from the 30-metre strip, the
Town may require new trees of a minimum height of 1 metre to be planted to fill in the
area affected to the satisfaction of the Town or, at the discretion of the Town, condition
5.14.3.b must be undertaken.
b. Where no tree screens exist of sufficient width and density to constitute a visual screen,
earthen berms shall be constructed to a height sufficient to prevent visibility from any
part of the mineral working operation from adjacent uses (excepting forestry and
agriculture) or adjacent public highways and streets. The berms shall be landscaped to
the Town's satisfaction.
c. Where natural topography creates a visual screen between mineral workings and
adjacent public highways and streets or other land uses (excepting forestry and
agriculture), additional screening may not be required.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
68
d. Where effective screening for any mineral working or associated processing or
manufacturing use cannot be installed or located as required in 5.14.2.a -5.14.2.c above,
the Town may refuse to permit the mineral working or associated activity.
4. Fencing
The Town 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.
5. Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably reduce the
quality of water in any waterbed or watercourse. Any access road to a pit and quarry working
which crosses a brook or stream shall be bridged or culverted at the crossing in accordance with
the Regulations of the Department of Municipal Affairs and Environment.
6. Water Ponding
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 Municipal Affairs and Environment.
7. Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of adjacent land.
8. Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned
equipment and any derelict buildings.
9. Access Roads
No quarry may be developed where the access road passes through a residential neighbourhood.
During extended periods of shutdown, access roads to a mineral working shall be ditched or
barred to the satisfaction of the Town.
10. Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron stained layer, shall
be stripped and stockpiled at least 5 metres from uncleared areas and 10 metres from active
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
69
quarry or stockpile areas. The owner or operator shall ensure that the quality of the topsoil is
not affected by dilution with other materials.
11. Operating Plant and Associated Processing and Manufacturing
The Town may permit processing and manufacturing use associated with mineral workings
provided that, in the opinion of the Town, the use does not create a nuisance nor is liable to
become a nuisance or offensive by the creation of noise or vibration, or by reason of the emission
of fumes, dust, dirt, objectionable odour, or by reason of unsightly storage of materials.
All permanent or temporary buildings, plants and structures associated with processing and
manufacturing will be located so as not to interfere with the present or future extraction of
aggregate resources.
The Town may specify a minimum separation distance between operating plant or associated
processing and manufacturing structure or equipment and adjacent developed areas likely to be
developed during the life of the mineral working.
12. Permit Copy to be Sent to Mineral Lands Division
For approved developments where the extraction of quarry materials is occurring or may be
expected occur, the Town will send a copy of the development permit to the Quarry
Materials Section, Mineral Lands Division, Department of Natural Resources. Quarry
materials include but are not limited to aggregate, fill, rock, stone, gravel, sand, clay, borrow
material, topsoil, overburden, subsoil, peat.
13. Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried out by the
operation:
a. All buildings, machinery and equipment shall be removed.
b. All pit and quarry slopes shall be graded to slopes less than 20% or to the slope conforming
to that existing prior to the mineral working.
c. Topsoil and many organic materials shall be spread over the entire quarried area.
d. The access road to the working shall be ditched or barred to the satisfaction of the Town.
If the mineral working contains reserve of material sufficient to support further extraction
operations, the Town may require the work described above to the carried out only in areas of
the site where extraction has depleted aggregate reserves.
14. Security
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-20 29
Boundridge Planning and Development Services Inc.
70
The Town may require the posting of a bond or other acceptable type of financial guarantee as
security to ensure the rehabilitation of quarry sites to acceptable standard. In lieu of the above,
the Town shall accept the requirement for the same submitted to the Department of Natural
Resources under provincial quarries legislation.
15. Extraction & Rehabilitation Plan
As a condition of approval, the Town may require the developer:
a. to submit for the consideration and approval of the Town a Mineral Working Development
Plan for the proposed Mineral Working use which shall include a site plan showing the
location of physical site features and extraction and processing features; and
b. to submit for the consideration and approval of the Town a Mineral Working Reclamation
Plan for the proposed mineral working use which shall explain, illustrate and show to the
satisfaction of the Town a plan for restoration of the site which includes final ground
contours, slopes, depth of topsoil, and vegetation and a phasing plan if necessary in the form
of a grading and landscape plan or plans.
16. Permit Fee
The development permit fee for a mineral working shall be determined by the Town in an amount
sufficient to cover the review of any required Development and Reclamation Plans by a
professional engineer, ongoing inspection of the site for conformity with any required Plans and
with the conditions of the development permit, and inspection of the site to determine
acceptable reclamation, and, where applicable, for purposes of return or cancellation of the
financial guarantee required in 5.14.14 above.
5.15
Home-Based Business
1. The following conditions shall apply to the Use of a Dwelling Unit for a Home-Based Business:
a. The Dwelling Unit is occupied as a residence by the Applicant.
b. The Use is clearly subsidiary to the residential Use and does not detract from the
residential character of the surrounding area. The external appearance of the Dwelling
shall not be changed by the Home-Based Business.
c. No more than 25% of the total Floor Area of the dwelling (up to a maximum of 45 square
metres), is devoted to the business Use.
d. No wholesale sales are carried out and retail sales are incidental and subsidiary to the
approved Use.
e. There is no outdoor storage or display.
f.
Signage is consistent with a residential neighbourhood, and is limited to one, non-
illuminated sign with an area no greater than 2.8 square metres.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
71
g. There will not be more than two (2) non-resident employees working regularly in the
dwelling.
h. The Lot shall have sufficient area to accommodate the parking requirements of the
Dwelling Unit and the Home-Based Business.
i.
Activities associated with the Use are not hazardous, and do not cause noticeable noise,
odour, dust, fumes, night lights, or other inconvenience or nuisance to the neighbouring
residents.
j.
Activities, such as the delivery or movement of goods, are limited to the hours of 8 a.m.
to 8 p.m.
k. There will be no repair, major maintenance, dismantling, or scrapping of vehicles or heavy
equipment.
I.
The separation and screening between the home business and other nearby dwellings,
when required, is deemed to be adequate by the Town.
m. No change will be made in the type, class, intensity or extent of the business or service
without a permit.
2. In addition to the requirements set out in Section 5.15.1, a Home-Based Business in an
Accessory Building may only be permitted subject to the following conditions:
a. Not include any autobody, off-road vehicle or heavy equipment repair or salvage,
painting/detailing or sales;
b. The business shall be owned and operated by the occupants of the dwelling; and,
c.
Activities associated with the Use are carried out inside the Accessory Building, are not
hazardous and do not cause a noticeable increase in noise, odour, dust or fumes, nor
cause electrical interference or in any other way result in a nuisance to the occupants of
surrounding residences.
5.16
Home Office Use
A Home Office Use is a Permitted Use in a residential Dwelling Unit provided that:
a.
It shall not occupy more than 25% of the total Floor Area of the dwelling unit.
b..
It shall have no other exterior open storage or display of goods, materials or
equipment.
c.
It must have no employees other than a resident of the dwelling unit.
d.
It shall have no signage associated with the Home Office Use.
5.17
Non-Residential Buildings (adjacent to Residential Areas)
1.
The following conditions shall apply to a Development that includes a Building containing
a commercial, office, industrial or public Use that adjoins a residential Lot or Zone:
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-20 29
Boundridge Planning and Development Services Inc.
72
a.
The views from habitable rooms of dwellings and the amenity of outdoor spaces
shall be respected in the design and siting of the proposed non-residential
Building.
b.
Landscaping of the non-residential property shall screen outdoor parking,
shipping and storage areas directly visible from adjacent dwellings.
c.
Snow piling areas shall be provided away from common fences with residential
properties and away from Streets.
d.
Parking lots and motor vehicle circulation areas for commercial Uses shall be
situated to minimize the impact on adjoining residential properties.
2.
A Development Assessment Report may be required to assess the impact of shading and
shadow effects on surrounding residential properties. Council may require Building
Height, and Side or Rear Yards to be modified to prevent shading and shadow effect of
the proposed Building on adjoining residential properties.
5.18
Open (Outdoor) Storage
The Town will not permit open dry storage of materials, goods and machinery, on sites abutting
or on the opposite side of a road from lands zoned or used for residential purposes. Where
permitted, open storage shall meet the following requirements:
a. Open storage on non-residential lots in the Commercial Zone, the Commercial Business
Park Zone or the Industrial Zone shall not occupy more than 50 percent {50%) of the site
area and shall not be located in the front yard or in any required buffer areas;
b. Open storage on non-residential lots in the Mixed Development Zone shall not occupy
more than 25 percent {25%) of the site area and shall not be located in the front yard or
in any required buffer areas
c.
Open storage areas shall be enclosed by a wall or fence not less than 2 metres ·in height
constructed of uniform materials approved by the Town;
d. Open storage areas shall be maintained with a stable surface to prevent raising or
movement of dust, clay, mud, and loose particles;
e. Where provided with lighting, the fixtures shall be designed so that the illumination is
contained within the boundaries of the storage area/site.
5.19
Mini Homes
l.
Groups of more than three (3) Mini Homes shall be located only in an approved mini home
park and mini home subdivision in Residential Use Zones so designated.
2.
Mini Home Lot Development Standards
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
73
a. A mini home lot must be provided with a mini home stand capable of supporting the
maximum anticipated load of the mobile home throughout all seasons of the year without
settlement or other movement;
b. A mini home stand must be designed to fit the dimensions of the particular home
positioned on the mini home stand and must be paved or provided with some other hard
surface;
c.
A mini home stand shall be required to be supported and secured by foundation walls,
piers, posts or other means, carried to a depth sufficient to prevent movement by frost
and sufficient to support the anticipated load at such points on its chassis frame as
required;
d. Anchors in the form of eyelets embedded in concrete, screw augers or arrowhead
anchors, or alternative devices acceptable to the Town must be provided at all corners of
the mobile home stand and at additional points where necessary to secure the mobile
home against the forces exerted by wind or other naturally occurring forces;
e. Anchors or devices must be connected to each anchor point of the mobile home chassis
frame by a cable or other device approved by the Town;
f. Anchors and connections must be made capable of withstanding a tension of at least
2,180 kilograms;
g. A mini home shall be placed on an approved mini home lot, and in a manner allowing it
to be placed and removed from the lot without interfering with other lots;
h. Mini homes will be blocked with approved materials so that there will be a minimum
clearance of 0.6 metres from the underside of the steel beam frame to the ground. The
maximum clearance will be 1.2 metres from the underside of the frame to the ground;
and,
i.
When a mini home is in the correct position and secured in place, the open space beneath
it will be skirted with a minimum 1.25 centimetre plywood or equivalent, secured to a
minimum five (5) centimetre by five (5) centimetre framing on 60 (60) centimetre centres.
The skirting must be acceptable to the Town and have an accessible, removable panel to
give access to service connections.
5.20
Residential Uses - Agricultural Livestock Operations
1. No Development for residential use shall be permitted within 600 metres of an existing
structure designed to contain more than five (5) Animal Units unless the Development is first
approved by the Department of Fisheries and Land Resources, and Service NL.
TOW N OF CHANNEL-PORT AUX BASQUES DEVELOPM ENT REGU LATIONS 2019-2029
Boundridge Planning and Development Services Inc.
74
2. No structure designed to contain more than five (S) Animal Units shall be erected or used for
that purpose within 600 metres of an existing residence (except a farm residence or a
residence which is a Non-Conforming Use in any zone in which agriculture is a permitted use
class in the Use Zone Tables in Schedule C of these Regulations), and, from an area designated
for Residential Use in an approved Plan, and, from a Provincial or Federal Park unless the
following requirements are satisfied:
a. The structure shall be approved by the Department of Fisheries and Land Resources, and
Service NL;
b. The structure shall be at least 60 metres from the boundary of the property on which it is
to be located; and
c. The application for the Development is advertised in accordance with the procedures set
out in Section 3.30 and subsequently approved by Council.
5.21
Rental Storage Use
A Rental Storage Use is subject to the following requirements:
1. No sales of goods or materials shall be conducted from the site;
2. The outside storage of goods, materials and vehicles may be permitted provided:
a. The storage area is located to the rear of a storage building; and
b. The outside storage area is enclosed by a wall or screen fence, not less than 2.4 metre'S
high, which design and location shall be approved by the Director of Building and Property
Management.
c.
Exterior lighting shall be arranged to not spill over towards the neighbouring properties
or adjacent streets; and,
d. Off-street Parking Requirements: at least 1 space shall be provided for 1,000 m2 of Gross
Floor Area.
5.22
Service Stations and Gas Bars
The following requirements shall apply to all proposed Service Stations and Gas Bars:
a. All gasoline pumps shall be located on pump islands designed for such purpose, and to which
automobiles may gain access from either side;
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
75
b. Pump islands shall be set back at least 4 metres from the front lot line;
c.
Accesses shall not be less than 7 metres wide and shall be clearly marked, and where a service
station is located on a corner lot, the minimum distance between an access and the
intersection of street lines at the junction shall be 10 metres and the lot line between
entrances shall be clearly indicated.
5.23
Utilities - Windmills, Wind Farms, Other Energy Sources
Utilities means Windmills, Wind Turbines, Solar and other energy sources not classed as a Public
Utility under the Public Utilities Act. Within the Planning Area there may be opportunities for
public and private groups and individuals to develop alternate energy sources and to reduce
demands on the Province's public utility based electrical system.
(1) Windmills, wind turbines and other alternative sources such as solar panels which are not
classed as public utilities can be approved by the Town in suitable locations provided that the
Town is satisfied that such development will not create a hazard or nuisance to nearby land
uses nor negatively affect the views of historic and/or culturally significant landscapes.
(2) Utilities which are proposed to be connected to the Public Utility distribution system ("the
interconnected grid" ) are subject to the approval of NL Power or NL Hydro in accordance
with the NL Power Net Metering Interconnection Requirements, Customer Generation
Capacity Not Exceeding 100 kW, 2017-07-01 or the NL Hydro Net Metering Interconnection
Requirements, Customer Generation Capacity Not Exceeding 100 kW, 2017-07-01. The design
and location of such utilities shall take into consideration their impact on nearby land
uses and persons, the environment and archaeological resources within the Planning
Area, along with other matters that the Town may deem to be significant.
(3) Windmills utilities within the built-up areas are limited to single windmills or wind turbines
designed to serve particular properties.
(4) To prevent damage to persons and properties due to the failure of a windmill or any of
its components or the shedding of ice, the Town shall ensure that there is adequate
separation distance between the windmill and nearby structures and properties.
(5) Unless specifically exempted by the relevant public utility, the design, construction and
location of a utility shall be certified by a professional engineer who has consulted with the
required agencies.
5.24
Wind Turbines - Small Scale
1.
Minimum setback for a small-scale Wind Turbine shall be 1.5 times the height of the Wind
Turbine from all property lines and Public Streets.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
76
2.
Minimum setback from a small-scale wind Turbine shall be 1.5 times the height of the
Wind Turbine from where an occupied building is located on an adjacent lot.
3.
Council shall have the discretion to increase the setback to a maximum of 3 times the
height of the Wind Turbine.
4.
There shall be no signs or advertisements attached to the Wind Turbine or blades.
5.25
Telecommunications and Antennas
Telecommunications structures or antennas shall comply with all applicable provincial and
federal regulations and follow Industry Canada guidelines for community consultation. Council
shall provide input to Industry Canada regarding the impact of proposed telecommunications
towers and their potential impact on the community.
5.26
Scrap Yard (Salvage Yard)
The requirements below shall apply to any Salvage Yard (Scrap Yard):
1. Buffers
a. A Landscaped Buffer not less than 300 m wide, shall be provided between a Salvage Yard
and any area on which exists or is proposed to exist a residential development, or land
that is zoned for a Residential Use.
b. Landscaped Buffer not less than 150 m wide shall be provided between a Salvage Yard
and area developable area or area likely to be developed.
c. A Landscaped Buffer not less than 50 m wide shall be provided between a Salvage Yard
and a Public Highway or Street
d. A Landscaped Buffer not less than 50 m wide shall be provided between a Salvage Yard
and a Watercourse or water body.
e. A Landscaped Buffer not less than 90 m wide shall be provided between a Salvage Yard
and a Protected Road
f. The Landscaped Buffers shall have, or be planted with, trees and shrubs in such a manner
that visibility of any part of the operation from surrounding areas or Streets will be
prevented.
2. Fencing - Salvage Yards shall be fenced to prevent unauthorized entry and to Screen open
storage areas from view.
3. Pollution Prevention - Adequate steps shall be taken to prevent the pollution of any water
course by any Salvage Yard.
4. Security - The Town may require the deposit of a Security as a guarantee that the works set
forth in the permit are carried out.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Bound ridge Planning and Development Services Inc.
77
SECTION 6:
SUBDIVISION OF LAND
6.1
Permit Required and Sureties
1. No Land shall be subdivided and no Development may commence unless a Development
Approval is first obtained from the Town.
2. Before an Approval in Principle or permit is issued for a subdivision requiring the construction
and/or upgrading of roads and municipal water and/or sewer services the Town shall require
the deposit of surety in a form satisfactory to the Town to ensure the completion of the work
in accordance with the approval. The requirements for a surety, along with other matters,
shall be set out in the Subdivision Policy adopted by the Town and any agreements pursuant
to that policy.
6.2
Services to be Provided
The Development of a Subdivision shall include prov1s1ons for Streets, water, waste and
stormwater infrastructure designed to standards established by the Town. No permit shall be
issued for the development of a subdivision unless provisions satisfactory to the Town have been
made in the application for a supply of drinking water, a properly designed sewage disposal
system, and a properly designed storm drainage system.
6.3
Payment of Service levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been reached
for the payment of all fees levied by the Town for connection to services, utilities and streets
deemed necessary for the proper development of the subdivision, and all service levies and ~th~r
charges imposed under these Development Regulations.
6.4
Building Permit Required for Each lot
Notwithstanding the approval of a Subdivision by Council, a separate Building Permit is required
for each Building proposed to be erected within the Subdivision. No Building Permit shall be
issued until the developer has complied with all the provisions of these Regulations, with respect
to the Development of the Subdivision.
6.5
Issue of a Development Approval Subject to Considerations
A Development Approval shall not be issued when, in the opinion of Council, the Development
of a Subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In determining an application, Council shall consider:
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
78
a.
The location of the Land.
b.
The availability of and the demand created for schools, water, waste and storm, sewer
services, and public utilities.
c.
The policies of the Municipal Plan.
d.
The Land Use, physical form and character of adjacent Developments, including proximity
to potential sources of Land Use conflict or nuisance.
e.
The transportation network, including Street typologies and traffic densities affecting the
site.
f.
The topography, drainage, soil, and subsurface characteristics of the site.
g.
Natural environment features such as lakes, streams, vegetation.
h.
Availability of community facilities.
i.
Energy conservation.
j.
Potential for enhancing connectivity of the Street and pedestrian network.
k.
Such other matters that Council may deem material.
6.6
Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in accordance
with Section 3.13 of these Regulations.
6. 7
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on
the Zoning Maps.
6.8
Building Lines
Council may establish Building Lines for any Subdivision Street and require any new Buildings to
be located on such Building Lines.
6.9
Minor Subdivisions
Applications for Subdivision of Lands fronting on an existing public Street, shall include the
following information:
a.
The property to be subdivided, including a map or consolidated survey showing all original
parcels of Land to be included in the proposed Development;
b.
A map or survey showing how the parcel is proposed to be divided;
c.
The physical features of the site, including any constraints, vegetation, potential hazards;
d.
The location and type of any Existing Buildings on the property being subdivided.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
79
6.10
Major Subdivisions
Applications for Subdivision of Lands resulting in the creation of three {3) or more Lots plus any
remainder Lot and includes extension to an Existing Street or new Street(s) shall include a report,
prepared and certified by a professional Urban Planner and other design professionals as
necessary, that includes the following information:
a.
The property to be subdivided and developed, including a map or consolidated survey
showing all original parcels of Land to be included in the proposed Development.
b.
How the proposed Development is consistent with the intent of the Municipal Plan and
how the Development will help achieve the Plan's stated goals and objectives.
c.
The physical features of the site, including Development opportunities and constraints,
vegetation, potential hazards.
d.
The conceptual layout of proposed Lots, Streets, pedestrian and cycle pathways, parks,
and natural areas to be retained as public Amenity Space within the Development such
as water bodies or significant stands of trees.
e.
How the proposed Subdivision relates to surrounding Development, including Land Use,
Streets, and pedestrian infrastructure.
f.
How the Development provides for access to adjacent Lands identified in the Municipal
Plan for future Development.
g.
The volume and type of traffic that will be generated by the Development.
h.
Proposed servicing infrastructure, including water and sewer, stormwater management
and utilities.
i.
In residential Subdivisions, appropriate locations for neighbourhood mailboxes.
j.
The placement of parking areas, including driveways.
k.
A general grading plan that indicates areas of cut and fill relative to Lots, Streets, natural
areas and planned open space; and
I.
A Development Assessment Report, or other report concerning the proposed
Development, may be submitted to satisfy some or all of the information requirements
of this Section.
6.11
Development Agreement
As a condition of approval for new Developments, Council shall require a developer to enter into
a development agreement with the municipality. Such agreements shall include specifications
for fees, detailed plans for Lot layout, infrastructure, open space, grading and landscaping, utility
easements, street lights, fill management, as well as neighbourhood mailboxes where required.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
6.12
Land for Public Use - Including Stormwater Management
(See also Section 3.11 of these Regulations)
80
1. Subject to Section 37 of the Urban and Rural Planning Act 2000, Council may require the
developer to convey to Council title to an area of Land for public Use equal to, but not
exceeding, 10% of the gross land area to be developed, provided the location and suitability
of the Land conveyed is acceptable to Council.
2. Before a development commences, the developer shall, if required, dedicate to the Town, at
no cost to the Town, an area of land equivalent to 10% of the gross area of the subdivision
for public open space, provided that:
a. Where land is subdivided for any purpose other than residential use, the Town shall
determine the percentage of land to be dedicated;
b. If, in the opinion of the Town, no public open space is required, the land may be used for
such other public use as the Town may determine;
c.
The location and suitability of any land dedicated under the provisions of this Regulation
shall be subject to the approval of the Town, but in any case, the Town shall not accept
land which, in its opinion is incapable of development for any purpose;
d. The Town may accept from the developer in lieu of such area or areas of land the payment
of a sum of money equal to the value of the land which would otherwise be required to
be dedicated;
e. Money received by the Town in accordance with clause 6.12.2.d. above, shall be reserved
by the Town for the purpose of the acquisition or development of land for public open
space or other public purpose.
3. Land dedicated for public use in accordance with this Regulation shall be conveyed to the
Town; and, in accordance with the requirements of Section 201 of the Municipalities Act,
1999, may be sold or leased by the Town 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.
4. The Town may require a strip of land to be reserved and remain undeveloped along the banks
of any river, brook or pond; and this land may, at the discretion of the Town, constitute the
requirement of land for public use under Clause (1) of this Regulation.
5. Land required for storm water management and drainage control, such as retention ponds
and vegetated swales, shall be in addition to the land dedicated for public open space or use
as set out in the previous Clause (1) of this Regulation. Subject to a subdivision agreement,
this land may be deeded to the Town or remain in private ownership.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
81
6.13
Structure in Street Reservation
The placing within any Street Reservation of any structure (for example, a hydro pole, telephone
pole, fire hydrant, mailbox, fire alarm, signpost} shall receive the prior approval of the Town,
which shall be satisfied on the question of safe construction and relationship to the adjoining
Buildings and other structures within the Street Reservation.
6.14
Subdivision Design Standards
Except as otherwise specified in a Subdivision Policy adopted by the Town, no permit shall be
issued for the development of a subdivision under these Regulations unless the design of the
subdivision conforms to the standards below.
1. The finished grade of streets shall not exceed 10 percent, or up to 12 percent at the discretion
of the Town where it would otherwise be impossible to develop the site, or compliance with
the 10 percent requirement would entail excessive cutting and filling.
2. Every cul-de-sac shall be provided with a turning circle of a diameter of not less than 30 m.
3. The maximum length of any cul-de-sac shall be:
a. 250 m where no emergency access is provided;
b. 300 m where emergency access is provided, but it can be extended to more than 300 m
where the cul-de-sac is connected to an arterial or collector road.
4. Emergency vehicle access to a cul-de-sac shall be not less than 3 m wide and shall connect
the head of the cul-de-sac with an adjacent street.
5. No cul-de-sac shall be located so as to appear to terminate a collector street.
6. New subdivisions shall have street connections with an existing street or streets.
7. All street intersections shall be constructed within 5 degrees of a right angle and this
alignment shall be maintained for 30 m from the intersection.
8. No street intersection shall be closer than 60 m to any other street intersection.
9. No more than four streets shall join at any street intersection.
10. No residential street block shall be longer than 490 m between street intersections.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
82
11. Streets within subdivisions shall be designed in accordance with the Subdivision Policy
adopted by the Town, but in the absence of such standards, shall conform to the following
minimum standards:
Type of Street
Street
Pavement
Walkway Width and
Reservation
Width
Design & Number
Arterial Streets
30m
15 m
Minimum -
1.5 m
and 2
Collector Streets
20 m
9m
Minimum -
1.5 m
and 2
Local Streets
15 m
7m
Minimum -
1.5 m
and 2
12. No lot intended for residential purposes shall have a depth exceeding four times the frontage
except as otherwise approved by the Town.
13. Residential lots shall not be permitted which abut a local street at both front and rear lot lines
except as otherwise approved by the Town.
14. The Town may require any existing natural, historical or architectural feature or part thereof
to be retained when a subdivision is developed.
15. Land shall not be subdivided in such a manner as to prejudice the development of adjoining
land.
16. A cul-de-sac shall not be permitted unless the Town is satisfied that there is no reasonable
alternative to developing the property.
17. Water and sewer mains shall be designed as loops to avoid dead-ending.
6.15
Engineer to Design Works and Certify Construction Layout
1.
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers and all
appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other
utilities deemed necessary by the Authority to service the area proposed to be developed or
subdivided shall be designed and prepared by or approved by the Engineer. Such designs and
specifications shall, upon approval by the Town, be incorporated in the plan of subdivision.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
83
2.
Upon approval by the Town of the proposed subdivision, the Engineer shall certify all work
of construction layout preliminary to the construction of the works and thereupon the
developer shall proceed to the construction and installation, at his own cost and in
accordance with the approved designs and specifications and the construction layout
certified by the Engineer, of all such water mains, hydrants, sanitary sewers and all
appurtenances and of all such streets and other works deemed necessary by the Town to
service the said area.
6.16
Developer to Pay Engineer's Fees and Charges
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 fees and
charges being percentages of the total cost of materials and labour for the construction and
installation of all works calculated in accordance with the Schedule of Fees recommended by the
Association of Professional Engineers of Newfoundland and in effect at the time the work is
carried out.
6.17
Street Works May Be Deferred
1.
The construction and installation of all curbs and gutters, catch basins, sidewalks and
paving specified by the Town as being necessary, may, at the Town'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 his application, an amount
estimated by the Engineer as reasonably sufficient to cover the cost of construction and
installation of the works.
2.
In the later stage of the work of development, the Town shall call for tenders for the work
of construction and installation of the works, and the amount so deposited by the
developer shall be applied towards payment of the contract cost. If the contract cost
exceeds the deposit, the developer shall pay to the Town the amount of the excess. If the
contract price is less than the deposit, the Town shall refund the amount by which the
deposit exceeds the contract price. Any amount so deposited with the Town by the
developer shall be placed in a separate savings account in a bank and all interest earned
thereon shall be credited to the developer.
6.18
Transfer of Streets and Utilities to Authority
1. The developer shall, following the approval of the subdivision of land and upon request of
the Town, transfer to the Town, at no cost to the Town, and clear of all liens and
encumbrances:
TOW N OF CHANNEL-PORT AUX BASQUES DEVELOPM ENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
84
a. all lands in the area proposed to be developed or subdivided which are approved and
designated by the Authority for public uses as streets, or other rights-of-way, or for other
public use;
b. all services or public works including streets, water supply and distribution and sanitary
and storm drainage syst ems installed in the subdivision that are normally owned and
operated by the Authority.
2. Before the Town 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 his satisfaction with their installation.
3. The Town shall not provide maintenance for any street, service or public work in any
subdivision until such time as such street, service or public work has been transferred to and
accepted by the Town.
6.19
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until the Town 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.
6.20
Grouping of Buildings and Landscaping
1. Each plan of subdivision shall make provision for the grouping of building types and for
landscaping in order to enhance the visual aspects of the completed development and to
make the most use of existing topography and vegetation.
2. Building groupings, once approved by the Town, shall not be changed without written
application to and subsequent approval of the Tow n.
6.21
Lot Frontage Reduction - Subject to Access Plan
Subject to an Access Plan adopted under Section 4.2, Council may reduce the minimum Lot
Frontage required by Section 9 by up to ten percent {10%).
TOWN OF CHANNEL-PORT A UX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
85
SECTION 7:
SIGNAGE (ADVERTISEMENTS}
7.1
Intent
For the purpose of these Development Regulations, the terms "advertisement", "sign" and
"signage" are interchangeable.
The purpose of regulations set out in this Section is to regulate Signs in the Town with the intent
of authorizing Signs that:
a.
Are appropriate in size, number, and location to the type of activity or Use to which they
pertain.
b.
Provide reasonable and appropriate means for the public to locate and identify facilities,
businesses, and services without difficulty or confusion.
c.
Are compatible with their surroundings.
d.
Protect and enhance the aesthetic qualities and visual character of the Town.
e.
Do not create a distraction or safety hazard for pedestrians or motorists.
f.
Minimize adverse impacts on nearby public and private property.
7 .2
Permit Required
1. Unless specifically exempted, no sign (advertisement) shall be erected or displayed in the
Planning Area unless a permit for the advertisement is first obtained from the Town, and,
where necessary, from Service NL.
2. Pursuant to Newfoundland Regulation 85/99 (Highway Sign Regulations) as amended, the
Provincial Government has designated "control lines" alongside each provincially maintained
route. These lines extend 400 metres from the highway centrelines, except that the control
area is reduced within Municipal Boundaries to 100 metres from the centreline of a provincial
highway.
Advertisements and signs falling within the designated control lines of any highway must be
referred to and approved or exempted by the Service NL office serving the Planning Area.
Where provisions of the Town of Channel-Port aux Basques Development Regulations 2019-
2029 are inconsistent with the regulations respecting advertising signs on or near public
highways made or administered by provincial Departments under the Provincial Highway Sign
Regulations, the more restrictive regulations shall apply.
7.3
Form of Application
Application for a permit to erect or display a sign (advertisement) shall be made to the Town in
accordance with Section 3.13 of these Regulations.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
86
7.4
Advertisements (Signs) Prohibited in Street Reservation
No sign (advertisement) shall be permitted to be erected or displayed within, on or over any
highway or street reservation unless it is a premises sign (advertisement relating to onsite uses)
and unless this sign has been approved by the Town and where applicable, Service NL and the
Department of Transportation and Works for signs along provincial highways as required by the
Provincial Highway Sign Regulations.
7.5
Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of a sign (advertisement)
shall be for a limited period, not exceeding two (2) years, but may be renewed at the discretion
of the Town for similar periods.
7.6
Advertisements (Signs), Non-Compliant
Except where a sign (advertisement) is deemed to fall under one of the categories described
under Subsection 7.7, an advertisement presently not in compliance with the Regulations shall
be removed or brought into compliance within one (1) year of the date of written notificat ion by
the Town.
7.7
Removal of Advertisements (Signs)
Notwithstanding the provisions of these Regulations, the Town may require the removal of any
advertisement (sign) which, in its opinion, is:
a. hazardous to road traffic by reason of its siting, colour, illumination, animation,
maintenance or structural condition, or;
b. detrimental to the amenities of the surrounding area.
7.8
Advertisements (Signs)- Non-Conforming Uses
A permit may be used for the erection or display of advertisements (signs) on a building or within
the courtyard of a building or on a parcel of land, the use of which is a Non-Conforming Use,
provided that the advertisement does not exceed the size and type of advertisement w hich could
be permitted if the development was in a Use Zone appropriate to its use, and subject to any
other conditions deemed appropriate by the Town.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
87
7.9
Prohibited Signs
A sign shall not be erected, posted or placed:
a. where, in the opinion of the Town, that sign would be hazardous to road traffic by reason
of its siting, illumination, animation, or structural condition;
b. where, in the opinion of the Town that sign would be detrimental to the amenities of
surrounding areas or length of highway or road;
c.
where that sign is not maintained to the satisfaction of the Town;
d. within or over a highway or street intersection unless otherwise approved by the Town
for Town roads, or by the Department of Transportation and Works for roads under
Provincial jurisdiction;
e. with the exception of premises advertisements, within 300 metres, or a distance specified
by the Department Transportation and Works, or the Town of the intersection of two or
more highways and/or for Town roads, or from the crossing of a public road; and
f.
on a sign erected by the Department Transportation and Works.
7 .10
Signs or Advertisements Not Specifically Covered
If an application is received for a sign or advertisement that does not fall into one of the
categories set out under these Regulations, subject to the other applicable requirements of these
Regulations, the Town may approve, approve with conditions, or refuse to approve the sign or
advertisement.
7.11
Signs or Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without application to
the Town:
a. a posting of a candidate in a federal, provincial or municipal election or a regional school
board election;
b. a temporary sign relating to federal, provincial or municipal public works;
c. a notice required by law to be posted;
d. a regulatory, warning, directional, guide or informational sign erected by the Department
of Transportation and Works;
e. a sign placed by a telephone, telegraph or electric power company to indicate danger;
f.
a sign, not exceeding 0.5 m2 in area, advertising the sale or rental of a building or lot upon
which the sign is located;
g. a flag, emblem or insignia of a nation, country or province;
h. one temporary sign related to building construction located on a site on which the work
is being carried out;
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
88
i.
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m2
in area;
j.
on an agricultural holding or farm, a notice board not exceeding 1.5 m2 in area and relating
to the operations being conducted on the land;
k. on land used for forestry purposes, signs or notices not exceeding 1 m2 in area and relating
to forestry operations or the location of logging operations conducted on the land;
I.
on land used for mining or quarrying operations, a notice board not exceeding 1 m2 in
area relating to the operation conducted on the land;
m. on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m 2
in area in connection with the practice of a business carried on in the premises;
n. on any site occupied by a church, school, library, art gallery, museum, institution or
cemetery, one notice board placed no closer than 3 metres from a street line;
o. on the principal facade of any commercial, industrial or public building, the name of the
building or the name of the occupants of the building, in letters not exceeding one-tenth
of the height of that facade or 3 m, whichever is the lesser;
p. on any parking lot directional signs and one sign not exceeding 1 m2 in size, identifying
the parking lot; and,
q. a sign indicating the location of a municipal or municipal planning area boundary, located
beyond the back slope of a highway ditching - although the approval of the Department
of Transportation and Works may be required.
7.12
Temporary and/or Portable Signs (Advertisements)
l. A temporary and/or portable sign may be permitted in any zone for a period not exceeding
30 consecutive days; or 45 days at the Town's discretion where the purpose of the sign is to
promote a not-for-profit initiative, provided the sign:
a. The Sign must be located on the property on which the business or not- for-profit
initiative is located.
b. The Sign shall not interfere or obstruct access to or from a Lot.
c. The Sign does not create or aggravate a traffic hazard, such as by blocking a sight-line
d. The Sign shall not be placed on a portion of a Lot that abuts a residential Zone or Existing
residential Lot.
e. The Sign does not exceed 5 m 2 in area;
f.
The Sign does not interfere with other lawful signs, including directional signs;
g. The location, materials, design and colour of the Sign are in keeping with the character
and appearance of the area;
h. The Sign, if necessary, is approved by Service NL, together with the Town.
2. A renewal permit for a temporary sign may only be issued after 30 days have passed since
the original permit has expired.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
89
3. A free standing temporary or portable sign affixed to the ground by legs shall be properly
anchored to the ground in a manner that is sound and attractive. The Sign shall be
constructed in accordance with engineered drawings approved by Council
4. If it is not exempted from these Regulations, with the written permission of Newfoundland
Power, or the owner if not Newfoundland Power, a sign may be permitted on a utility pole.
7.13
Advertisements Relating to On-Site Uses
This section deals with sign age relating to on-site uses - that is, uses located on the same property
as the sign or signs. Sign types include free standing signs, signs affixed to buildings, fences and
other structures, fascia signs and the use of building surfaces for advertising.
The conditions which shall apply to the erection or display of an advertisement on any lot or site
occupied by a use permitted or existing as a legal non-conforming use in a use zone shall be as
set out below.
1. The size, shape, illumination and material construction of the advertisement shall meet the
requirements of the Town, having regard for the safety and convenience of users of adjacent
streets and sidewalks, and the general amenities of the surrounding area.
2. The maximum allowable size of the advertisement shall be determined in accordance with
Subsection 7.13.1 above and in consideration of the size of the premise or premises being
advertised. For example, a sign for a large shopping centre would necessarily be of a different
scale than one for a convenience store.
3. Only one free standing advertisement per entrance or exit shall be permitted in the front of
a multi-use building, strip mall, shopping centre and similar facilities containing more than
one premise. However, one additional sign shall be permitted in the front of a building if it is
a free-standing temporary sign as set out under Section 7.12.
4. Where an advertisement is attached to the roof of a building and protrudes above the roof,
then it shall be included in the calculation of the height of the building.
7.14
Advertisements Relating to Off-Site Uses
This Regulation deals with signage relating to off-site uses - uses not located on the same
property as the sign or signs. Sign types include free standing signs, signs affixed to buildings,
fences and other structures, fascia signs and the use of building surfaces for advertising.
Except as noted in Section 7.14.4, the conditions to be applied to the erection or display of an
advertisement on any site, relating to a use permitted in a zone, or not relating to a specific land
use, shall be as set out below.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
90
1. The off-site advertisement shall not exceed 3 square metres in area.
2. When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to the premises to which they relate.
3. The location, siting and illumination of each advertisement shall be to the satisfaction of the
Town, having regard to the grade and alignment of streets, the location of street junctions,
the location of nearby buildings and the preservation of the amenities of the surrounding
area.
4. The size restriction of Section 7.14.1 is waived where the Town has erected or permitted to
be erected an advertisement related to a civic or improvement or other public purpose.
7.15. Advertisements and Signs near Highways
Pursuant to Newfoundland and Labrador Regulation 85/99 (Highway Sign Regulations, 1999) as
amended, the Provincial Government has designated "control lines" alongside each provincially
maintained route. These lines extend 400 metres from the highway centrelines, except that the
control area is reduced within Municipal Boundaries to 100 metres from the centreline of a
provincial highway.
Permissible sign age (signage identified in Section 24 of the Highway Sign Regulations and sign age
associated with Tourism Attractions, Tourism Accommodations and Tourism Services) that is
within these Protected Road corridors is subject to the Highway Sign Regulations under the Urban
and Rural Planning Act and requires the approval of Service NL. Advertisements and signs falling
within the designated control lines of any highway must be referred to and approved or
exempted by the Service NL office serving the area.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
91
SECTION 8:
OFF-STREET PARKING AND LOADING STANDARDS
8.1
Off-Street Parking Requirements
For every Building, structure or Use to be erected, enlarged or est ablished, there shall be
provided and maintained off-street parking in conformity with t he requirements of this Section
a quantity of off-street spaces sufficient t o ensure that the flow of traffic on adjacent Streets is
not impeded by t he on-street parking of vehicles associated with t hat Building, structure or Use.
8.2
General Parking Requirements
1. Schedule of Standards by Use
The off-street parking requirements for uses in the various use classes shall be as set out in
t he following table, except as may ot herwise set out in the specific Use Zone in which a
property/development is situated. In case of developments including uses in more than one
class, t hese standards shall be regarded as cumulative.
CLASS (TYPE OF OCCUPANCY)
MINIMUM OFF-STREET PARKING REQUIREMENT
Theatre
One space for every 5 seats.
Cultural and Civic
One space for every 50 square metres of Gross Floor Area.
General Assembly
One space for every 10 square metres of Gross Floor Area.
Educational
Schools - 2 spaces for every classroom.
Further education - 1 space for every 5 persons using the
facilities (students, faculty and staff).
Place of Worship
One space for every 5 seats.
Passenger Assembly
As determined by the Town.
Club and Lodge
One space for every 3 persons that may be accommodated at
one time.
Catering
One space for every 3 customers that may be accommodated at
one time.
Funeral Home
One space for every 10 square metres of Gross Floor Area.
Child Care
One space for every 20 square metres of Gross Floor Area
Amusement
One space for every 10 square metres of Gross Floor Area.
Outdoor Assembly
As determined by the Town.
Campground
As determined by the Town.
Penal
and
Correctional
As determined by the Town.
Detention
Medical Treatment and
Once space per 20 square metres of suite or ward area
Special Care
Single Dwelling
Two spaces for every Dwelling Unit.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
92
Double Dwelling
Two spaces for every Dwelling Unit.
Row Dwelling
Two spaces for every Dwelling Unit.
Apartment Building
Three spaces for every two Dwelling Units.
Assisted Living Residential
1 space for every 4 residents and 1 space for each 2 staff persons
Home
(based on the maximum number of staff on duty at peak time)
Collective Residential
As determined by the Town.
Boarding House Residential
As determined by the Town.
and/or Bed and Breakfast
Commercial Residential
One space for every guest room.
Seasonal Residential
One space per Dwelling Unit.
Office
One space for every 30 square metres of Gross Floor Area.
Medical and Professional
One space for every 20 square metres of Gross Floor Area.
Personal Service
One space for every 20 square metres of Gross Floor Area.
General Service
One space for every 20 square metres of Gross Floor Area.
Communications
As determined by the Town.
Police Station
As determined by the Town.
Taxi Stand
As determined by the Town.
Take-out Food Service
One space for every 20 square metres of Gross Floor Area.
Veterinary
One space for every 20 square metres of Gross Floor Area.
Shopping Centre
One space for every 20 square metres of Gross Floor Area.
Shop
One space for every 20 square metres of Gross Floor Area.
Indoor Market
As determined by the Town.
Outdoor Market
As determined by the Town.
Convenience Store
One space for every 20 square metres of Gross Floor Area.
Hazardous Industry
As specified by the Town, but not less than one space per 100 m2
of Gross Floor Area or 10 parking spaces, whichever is greater.
General Industry
As specified by the Town, but not less than one space per 100 m2
of Gross Floor Area or 10 parking spaces, whichever is greater.
Service Station
One space for every 20 square metres of Gross Floor Area.
Light Industry
As determined by the Town, but not less than one space per SO
m2 of Gross Floor Area or 5 parking spaces, whichever is greater.
Agriculture
As determined by the Town.
Forestry
As determined by the Town.
Mineral Working
As determined by the Town.
Mining
As determined by the Town.
Recreational Open Space
As determined by the Town.
Conservation
As determined by the Town.
Cemetery
As determined by the Town.
Scrap Yard
As determined by the Town.
Solid Waste
As determined by the Town.
Animal
As determined by the Town.
Antenna
As determined by the Town.
Transportation
As determined by the Town, taking into consideration associated
uses, such as boat repairs, and other facilities and services.
Marina
As determined by t he Town, taking into consideration associated
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
93
uses, such as boat repairs, and other facilities and services.
Rental Storage Use
One space per 1000 square metres of Gross Floor Area.
2. Drop-Off and Pick-Up Areas
Adequate off-street provision for drop-off and pick-up of persons shall be provided in
developments where required, such as uses within the education, passenger assembly, child
care, medical treatment and special care, commercial-residential and take-out food service
classes.
3. Parking Spaces for Persons with Disabilities
For any Development 4% of the total number of parking spaces required shall be allocated for
disabled parking in accordance with the requirements of the Buildings and Accessibility Act and
Regulations administered by the Province of Newfoundland and Labrador. All such spaces shall
be appropriately sized and marked with readily visible signage.
4. Parking Relief
At the discretion of Council, an Applicant may be relieved of all or part of the parking required
under Section 8.2.1 provided the Applicant is able to demonstrate that, because of the particular
characteristics of the Development, the actual parking requirements within the foreseeable
future are expected to be lower than those required by Council.
8.3
Parking Area Standards
1. Residential Off-Street Parking Spaces
Parking areas for vehicles on a Residential Lot shall:
a.
Be on the area of the Lot approved for off-street parking space or spaces.
b.
Not be permitted on the landscaped portion of the Front Yard, or Flanking Street Side
Yard of the Lot.
c.
For Row Dwellings, parking may be provided for groups of dwellings within an approved
Development.
d.
Parking space for apartment buildings shall be provided in the Rear Yard where possible.
e.
Driveway and parking areas shall have a surface treatment that may include a hard
surface such as asphalt, or pervious treatment with pavers, brick, turf stone or porous
pavement designed to reduce stormwater runoff.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
94
2. Non-Residential Parking Areas
1. To the extent that is possible and practicable, off-street parking spaces shall be sited to
reduce the visibility of parking areas from public Streets through a combination of placement
within a Development, Landscaping and shared parking space. Parking areas, where possible,
shall be planned so that they are located within or behind buildings, or in a Side Yard.
2. Parking areas should be located on the same Lot as the building containing the use to which
they are accessory is located. Where this is not possible or practical, Council may allow off-
site parking spaces on land located within a radius of no more than 200 metres of the Use the
parking is for.
3. Parking for More Than Four (4) Vehicles
1. Where permitted, parking areas for more than four (4) vehicles shall meet the following
requirements:
a. The parking areas shall be arranged so that it is not necessary for any vehicle to reverse
onto or from a Street.
b. Each parking space shall be made accessible by means of a hard-surfaced right-of-way at
least 3 metres in width.
c. The parking area and an adjoining driveway shall be paved and provide drainage, lighting,
curbs, and Landscaping in accordance with requirements of Council.
d. The lights used for illumination of the parking area shall be so arranged as to not spill over
onto adjacent Developments/properties.
e. A structure, not more than 3 metres in height and more than 5 square metres in area may
be erected in the parking area for the use of attendants in the area.
f.
Except in Zones in which a Service Station or Gas Bar is a Permitted Use, no gasoline pump,
canopy or related equipment shall be located or maintained in a parking area.
g. No part of any off-street parking area shall be closer than 1.5 metres to the Front Lot Line
in any Zone.
h. Access to parking areas in Non-Residential Zones shall not be by way of Residential Zones
i.
Where a parking area is in or abuts a residential Zone, a natural or structural barrier at
least 1.8 metres in height shall be developed and maintained along the abutting Lot Lines.
j.
For parking spaces perpendicular to the curb, the following minimum dimensions shall
apply:
- 2.75 metres Parking Stall Width
- 5.8 metres Parking Stall Length or Depth
- 7.3 metres Aisle Width (st alls opposite each other)
- 7.3 metres Aisle Width (other obstruction)
- 7.0 metres Driveway Width.
TOWN OF CHANNEL-PORT A UX BASQUES DEVELOPM ENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
95
k. For parking spaces parallel to the curb, the Minimum Parking Stall Width shall be 7.0
metres, and the Minimum Aisle Width (if applicable) shall be at least 4 metres, more if
deemed necessary by the Town.
8.4
Levy In-Lieu
Where, in the opinion of the Town, strict application of the parking standards contained in
Section 8.3 is impractical or undesirable, the Town may, as a condition of a permit, require the
developer to pay a Service Levy in accordance with these Regulations in lieu of the provision of a
parking area, and the full amount of the levy charged shall be used by the Town for the provision
and upkeep of alternative parking facilities within the general vicinity of the development.
8.5
Off-Street Loading and Parking Requirement
1. Where the Town deems necessary - for every building, structure or use to be erected,
enlarged or established requiring the shipping, loading or unloading of animals, goods, wares
or merchandise - there shall be provided and maintained for the premises loading facilities
on land that is not part of a street comprised of one or more loading spaces, 15 metres long,
4 metres wide, and having a vertical clearance of at least 4 metres with direct access to a
street or with access by a driveway of a minimum width of 6 metres to a street.
2. The number of loading spaces to be provided shall be determined by the Town.
3. The loading facilities required by this Regulation shall be so arranged that vehicles can
manoeuvre clear of any street and so that it is not necessary for any vehicle to reverse onto
or from a street.
4. Council may req·uire loading spaces to be visually screened from nearby Streets or residential
Use by berm, Building, Landscaping, solid fence, wall, or any other similar structure.
8.6
Adaptive Re-Use: Offstreet Loading and Parking Requirements and Reduction
(See also Section 4.19)
In order to facilitate adaptive re-use of existing buildings and properties, the Town may in its
discretion reduce the minimum offstreet parking and loading requirements beyond ten percent
(10%) where it can be established that there will be no negative impacts on nearby properties -
that is, that there will be no extended on-street parking or blocking of access and that this
reduction will not pose a safety hazard or create snow-clearing difficulties.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
96
SECTION 9:
USE ZONES
9.1
Identification of Zones
For the purpose of these Regulations, the Planning Area is divided into Use Zones which are
illustrated on the Channel-Port Aux Basques Land Use Zoning Maps, attached as Appendix A and
forming part of these Regulations.
9.2
Interpretation of Zone Boundaries
Boundaries between Zones shall be determined as follow: a. Where a Zone boundary is indicated
as following a Street the boundary shall be the centre line of the Street unless otherwise
indicated.; b. Where the Zone boundary is indicated as approximately following Lot Lines the
boundary shall follow the Lot Lines.; c. Where an electric transmission line right-of-way serves as
a Zone boundary, the centreline of the right-of-way shall be considered the boundary between
the Zones unless otherwise indicated.; d. Where a Zone boundary is indicated as following the
edge of a watercourse the Zone shall follow any change in the boundary of that watercourse.
9.3
Classification of Land Uses and Buildings
Section 2 contains a table listing classes of Uses and provides examples of specific Uses for each
Use class. Where a Use is proposed that is not listed as an example, Council may interpret that
Use as being included in a Use class for the purposes of determining whether it is a Permitted,
Discretionary or Prohibited Use in the applicable Use Zone.
9.4
Permitted Uses
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.
9.5
Discretionary Uses
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 Council is satisfied that the
Development would not be contrary to the general intent and purpose of these Regulations, the
Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and to the public
interest, and if Council has given notice of the application and has considered any objections or
representations which may have been received on the matter.
9.6
Prohibited Uses
Uses that do not fall within the Permitted or Discretionary Use class of any Use Zone or are
specifically identified as a Prohibited Use shall not be permitted in that Zone.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
97
9.7
Uses Permitted in All Zones
The following Uses shall be permitted in any Use Zone:
- Municipal Infrastructure, Public Services and Public Utilities
- Public Open Space, Recreational Open Space
- Conservation
9.8
Standards and Conditions
In addition to the requirements of these Regulations, the standards and conditions for
Development in each Use Zone are listed in the Use Zone tables. Where standards, requirements
and conditions applicable in a Use Zone are not set out in these Regulations, Council may
determine the standards, requirements and conditions which shall apply.
Before issuing an Approval in Principle or a Permit for a Development, the Town shall review the
Application to ensure that it is in compliance with Section 2 - Definitions and Classification of
Uses of Land and Buildings, Section 3 - General Regulations, Section 4 - General Development
Standards, Section 5 - Specific Use Regulations, Section 6 - Subdivision of Land, Section 7 -
Signage (Advertisements) Regulations, Section 8 - Offstreet Loading and Parking Requirements;
and, Section 9 - Use Zones of the Development Regulations.
9.9
Use Zones
The following Land Use Zones are set out in these Regulations. The abbreviations listed have been
used to identify individual Use Zones on the Zoning Map:
USE ZONE
ABBREVIATION
RESIDENTIAL
RES
RESIDENTIAL MEDIUM DENSITY
RMD
MIXED DEVELOPMENT
MD
TOWN CENTRE
TC
PUBLIC
PU
OPEN SPACE
OS
COMMERCIAL
COM
COMMERCIAL BUSINESS PARK
CBP
INDUSTRIAL
IND
RURAL
RUR
ENVIRONMENTAL PROTECTION
EP
ENVIRONMENTAL PROTECTION
EPMU
MANAGEMENT UNIT
PROTECTED PUBLIC WATER SUPPLY
PPWS
HIGHWAY
HWY
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
98
9.10
RESIDENTIAL (RES) ZONE
9.10.1 Permitted Uses
The following Uses shall, subject to the requirements of these Regulations (including Section 6),
be permitted:
a. Accessory Building (see Sections 4.3.1 and 4.3.2)
b. Single Dwelling
c. Double Dwelling
d. Subsidiary Apartment in a Single Detached Dwelling (see Section 4.32)
e. Bed and Breakfast (subject to Section 5.4)
f. Child Care - Family (subject to Section 5.7)
g. Conservation
h. Home Office Use (subject to Section 5.15)
i.
Recreational Open Space
j.
Public Services
k. Public Utilities
9.10.2 Discretionary Uses (subject to Section 3.30)
The following Uses may be permitted at the discretion of the Town provided that they are
complementary to uses within the permitted use classes or that their development will not inhibit
or prejudice the existence or the development of such uses; and subject to the requirements of
these Regulations:
a. Row Dwelling
b. Apartment Building
c. Adult Day Care - Non-Residential (subject to Section 5.1)
d. Adult Day Care - Residential (subject to Section 5.2)
e. Antenna (subject to section 5.25)
f. Assisted Living Residential Home (subject to Section 5.3)
g. Child Care - Daycare Centre (subject to Section 5.6)
h. Clinic - Medical Treatment and Special Care
i.
Convenience Store (subject to Section 5.9)
j.
Health and Fitness Facility
k. Home Based Business (subject to Section 5.15)
I.
Mini Home (Subject to Section 5.19)
m. Tiny House Dwelling
n. Wharves and Docks classified as a Transportation Use on Ponds and Marine Shorelines
Only
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
RESIDENTIAL (RES} ZONE
9.10.3 Zone Requirements/Standards
1. Residential Development
STANDARD
Single
Double
Row
Apartment
Mini Home
Dwelling
Dwelling
Dwelling
Building
Lot Area (min)
450
square
450
square
300
square
900
square
360
square
metres
metres
metres
metres
metres
Floor
Area
80
square
70
square
70
square so
square
---
(min)
metres
metres each
metres each
metres
per
d.u.
Residential
---
---
---
1 d.u. per 200
---
Density
sq m
Frontage
15 metres
20 metres
10 metres
30 metres
12 metres
(min)
Building
Line
6 metres
6 metres
6 metres
8 metres
6 metres
&
Setback
(min)
Side
Yards
1.8 metres,
1.8 metres,
2 metres -
5 metres,
1.5 metres,
(min)
1.8 metres
1.8 metres
End Units
5 metres
1.5 metres
Flanking Yard
6 metres
6 metres
6 metres
8 metres
6 metres
(min)
Rear
Yard
9 metres
9 metres
9 metres
9 metres
9 metres
(min)
Lot Coverage-
33%
33%
33%
33%
40%
All Buildings
(max)
Height (max)
8m
8 m
10m
10m
8m
*
Minimum 40% landscaped area to .be maintained in Front Yard
2. Assisted Living Residential Home (Section 5.3}
Standard
Lot Frontage (min)
30 metres
Building Line Setback (min)
10 metres or consistent with the Building Line
Setback as established by Existing Lots on t he
Street
Side Yard (min)
5 metres, 5 metres
Rear Yard (min)
10 metres
Lot Coverage (max)
50%
Landscaping (min)
20%
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
99
Tiny House
Dwelling
120
square
metres
---
---
6 metres
6 metres*
1 metre,
3 metres
5 metres
6 metres
40%
8 m
100
RESIDENTIAL {RES} ZONE
9.10.3 Zone Requirements/Standards
3. Wharves and Docks on Ponds and Marine Shorelines
Subject to the following conditions:
1. Size, scale and use of structures is compatible with surrounding development and land
use policies for the area, including nearby zones;
2. In accordance with the Environmental Guidelines for Construction and Maintenance Of
Wharves, Breakwaters, Slipways, And Boathouses (Water Resources Management Division Water
Rights, Investigations, and Modelling Section; November 29, 2018), permits are required for
any works in or adjacent to a body of water. As of January 1, 2011, a permit is no longer
required under the Act for the construction and maintenance of wharves, breakwaters,
slipways and boathouses as long as the work is completed in accordance with these
guidelines and the work is outside of a Protected Water Supply Area (PWSA). A permit
will be required for any dredging work and infilling of a body of water associated with the
construction or installation of these structures.
The proponent may require approvals from other agencies prior to constructing a wharf,
breakwater, slipway or boathouse. Approvals may be required from the following:
a. The Municipality: For projects within municipal boundaries
b. Department of Environment and Conservation, Crown Lands Administration
Division - Lands Act & Water Resources Management Division: for work in
Protected Water Supply Areas & Environmental Assessment Division -
Environmental Protection Act
c.
Department of Fisheries & Oceans, Habitat Management Division: Fish Habitat
(Fisheries Act), Species at Risk Act
3. Development in Shore Water Zones - The proponent must apply for and obtain a
permit under the Water Resources Act, 2002, specifically Section 48
http://assembly.nl.ca/Legis1ation/sr/statutes/w04-01.htm for any work in Shore
Water Zones prior to the start of construction. Also, any work in the Shore Water
Zones must comply with this Department's Policy for Development in Shore Water
Zones: http://www. mae .gov. n I .ca/waterres/regu lations/policies/shore_ water. htm I .
4. Infilling within 15 metres of Bodies of Water - The proponent must apply for and
obtain a permit under the Water Resources Act, 2002, specifically Section 48
http://assembly.nl.ca/Legis1ation/sr/statutes/w04-01.htm for any infilling work
within fifteen (15) metres of a body of water prior to the start of infilling.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
RESIDENTIAL (RES) ZONE
9.10.3 Zone Requirements/Standards
Wharves and Docks on Ponds and Marine Shorelines
Also, any proposed infilling within fifteen (15) metres of a body of water must
comply with this Department's Policy for Infilling Bodies of water:
http://www.mae.gov.nl.ca/waterres/regulations/policies/bodies_of_water.html
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
101
102
9.11
RESIDENTIAL MEDIUM DENSITY (RMD) ZONE
9.11.1 Permitted Uses
The following Uses shall, subject to the requirements of these Regulations (including Section 6),
be permitted:
a. Accessory Building (see Sections 4.3.1 and 4.3.2); Accessory Use (see Section 4.4)
b. Apartment Building
c. Single Dwelling
d. Double Dwelling
e. Row Dwelling
f.
Mini Home (Subject to Section 5.19)
g. Subsidiary Apartment in a Single Detached Dwelling (see Section 4.32)
h. Bed and Breakfast (subject to Section 5.4)
i.
Child Care - Family (subject to Section 5.7)
j.
Conservation
k. Home Office Use (subject to Section 5.16)
I.
Recreational Open Space
m. Public Services
n. Public Utilities
9.11.2 Discretionary Uses (subject to Section 3.30)
The following Uses may be permitted at the discretion of the Town provided that they are
complementary to uses within the permitted use classes or that their development will not inhibit
or prejudice the existence or the development of such uses; and subject to the requirements of
these Regulations:
a. Adult Day Care - Non-Residential (subject to Section 5.1)
b. Adult Day Care - Residential (subject to Section 5.2)
c.
Antenna (subject to section 5.25)
d. Assisted Living Residential Home (subject to Section 5.3)
e. Child Care - Daycare Centre (subject to Section 5.6)
f.
Clinic - Medical Treatment and Special Care
g. Convenience Store (subject to Section 5.9)
h. Health and Fitness Facility
i.
Home Based Business (subject to Section 5.15)
j.
Tiny House Dwelling
k. Transportation Use - Wharves and Docks on Ponds and Marine Shorelines Only
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
RESIDENTIAL M EDIUM DENSITY {RMD) ZONE
9.11.3 Zone Requirement s/Standards
1. Resident ial Development
STANDARD
Single
Double
Row
Apartment
Mini Home
Dwelling
Dwelling
Dwelling
Building
Lot Area (min)
450 square
450 square
300
square
---
360 square
metres
metres
metres
metres
Floor Area (min)
80
square
70
square
70
square so
square
metres
metres each
metres each
metres each
Residential
1 d.u. per
Density
200 sq m
Frontage (min)
15 metres
20
metres
10
metres
36 metres
12 metres
each
each
Building Line &
10 metres
10 metres
---
---
6 metres
Setback (min)
Side Yards (min)
1.8 metres,
1.8 metres,
2 metres -
5 metres,
1.5 metres,
1.8 metres
1.8 metres
End Units
5 metres
1.5 metres
Flanking
Yard
6 metres
6 metres
6 metres
8 metres
6 metres
(min)
Rear Yard (min)
9 metres
9 m metres
9 metres
9 metres
9 metres
*
Minimum 40% landscaped area to be maintained in Front Yard
2. Assisted Living Residential Home (Section 5.3)
Standard
Lot Frontage (min)
30 metres
Building Line Setback (min)
10 metres or consistent with the Building Line
Setback as established by Existing Lots on the
Street
Side Yard (min)
5 metres, 5 metres
Rear Yard (min)
10 metres
Lot Coverage (max)
50%
Landscaping (min)
20%
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
103
Tiny
House
Dwelling
120
square
metres
---
---
6 metres
6 metres-
1 metre,
3 metres
5 metres
6 metres
104
RESIDENTIAL MEDIUM DENSITY {RMD) ZONE
9.11.3 Zone Requirements/Standards
3. Wharves and Docks on Ponds and Marine Shorelines
Subject to the following conditions:
1. Size, scale and use of structures is compatible w ith surrounding development and land
use policies for the area, including nearby zones; and
2. Approval in writing is obtained from the Water Resources Branch of the Department of
Municipal Affairs and Environment.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Bound ridge Planning and Development Services Inc.
105
9.12
MIXED DEVELOPMENT (MD) ZONE
9.12.1 Permitted Uses
The following Uses shall, subject to the requirements of these Regulations (including Section 6),
be permitted:
a. Accessory Dwelling Unit
b. Accessory Building (see Section 4.3.1 & 4.3.2); Accessory Use (see Section 4.4)
c. Adult Day Care - Non-Residential (subject to Section 5.1)
d. Adult Day Care - Residential (subject to Section 5.2)
e. Apartment Building
f. Assisted Living Residential Home (subject to Section 5.3)
g. Family and Group Care Centre
h. Single Dwelling
i.
Double Dwelling
j.
Row Dwelling
k. Subsidiary Apartment in a Single Detached Dwelling (see Section 4.32)
I.
Bed and Breakfast (subject to Section 5.4)
m. Boarding House (subject to Section 5.4)
n. Child Care - Daycare Centre (subject to Section 5.6)
o. Conservation
p. Convenience Store (subject to Section 5.8)
q. Home Based Business (subject to Section 5.15)
r. Home Office Use (subject to Section 5.16)
s. Business and Personal Service Uses (e.g. Hair Salon, Tailor, Shoe Repair)
t . Recreational Open Space
u. Public Utility
v. Wharves and Docks classified as a Transportation Use
9.12.2 Discretionary Uses (subject to Section 3.30)
The following Uses may be permitted at the discretion of the Town provided that they are
complementary to uses within the permitted use classes or that their development will not inhibit
or prejudice the existence or the development of such uses; and subject to the requirements of
these Regulations:
a. Amusement Use (Place of Amusement)
b. Antenna (subject to section 5.25)
c. Cultural and Civic
d. Club (non-profit)
e. Commercial School
f.
Communications Use
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPM ENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
9.12.2
Discretionary Uses (subject to Section 3.30)
g. Funeral Home
h. General Assembly
i.
General Industry Use
j.
Hotel/Motel
k.
Light Industry Use
I.
General Service Use
m. Indoor Market Use
n. Outdoor Market Use
o. Medical and Professional Services
p. Mini Home (subject to Section 5.19)
q. Office
r. Passenger Assembly Use
s.
Service Station and Gas Bar (subject to Section 5.22)
t. Shop Use (Retail Store)
u. Take-Out Food Service
V.
Tavern (Lounge)
w. Taxi Stand
x. Theatre
y. Tiny House Dwelling
z.
Transportation
aa. Veterinary Clinic
9.12.3 Zone Requirements/Standards
1.1
Residential Development
STANDARD
Single
Double
Dwelling
Dwelling
Lot Area (min)
450 square
450 square
metres
metres
Floor Area (min)
80
square
70
square
metres
metres each
du
Residential
---
---
Density
Frontage (min)
15 metres
20 metres
Building Line &
6 metres
6 metres
Setback (min)
Side Yards (min)
1.8 metres,
1.8 metres,
1.8 metres
1.8 metres
Flanking
Yard
6 metres
6 metres
(min)
Rear Yard (min)
9 metres
9 metres
Lot Coverage- All
33%
33%
Buildings (max)
Height (max)
8 metres
8 metres
Row
Apartment
Dwelling
Building
300 square
900
square
metres
metres
70
square so
square
metres each
metres per du
du
---
1 d.u. per 200
sq m
10 metres
36 metres
6 metres
8 metres
2 metres -
5 metres,
End Units
5 metres
6 metres
8 metres
9 metres
9 metres
33%
33%
10 metres
10 metres
*
Minimum 40% landscaped area to be maintained in Front Yard
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
106
Mini Home
Tiny House
360 square. 120 square
metres
metres
---
---
---
--
12 metres
6 metres
6 metres
6 metres*
1.5 metres,
1 metre,
1.5 metres
3 metres
6 metres
5 metres
9 metres
6 metres
40%
40%
10 metres
8 metres
107
MIXED DEVELOPMENT (MD) ZONE
9.12.3 Zone Requirements/Standards
1.2
Building Line and Setback, Complementary Yard Setbacks
1. In accordance with Section 3.3.1(1) of the Municipal Plan, the Town, by resolution, may
establish building lines on an existing or proposed street and may require any new buildings
to be located on those building lines, whether or not such building lines conform to the
standards set out in the MD Zone Requirements/Standards table of these Regulations.
2. The building line setback is measured from the front property line.
3. Notwithstanding the minimum front, side and rear yard requirements set out under Section
9, the Town may allow development to complement existing building setbacks from the front,
side and rear lot lines of the adjoining properties by varying by no more than 10% the
minimum yard requirements and after notification is given to the adjacent property owners.
4. The building line along Provincial highways shall not be less than that specified under the
Provincial Building Near Highways Regulations - 30 metres from the centreline of the Trans
Canada Highway Route 1.
2.
Non-Residential Development Standards
1. For Non-Residential uses not located in a dwelling and not on a dwelling lot, the development
st andards for this zone shall be as follows:
a. Minimum Building Line Setback
8 metres
b. Minimum Side Yards
5 metres
C.
Minimum Rear Yard
10 metres
d. Maximum Height
10 metres
2. For Non-Residential uses located in a separate building or extension on a dwelling lot, the
requirements and standards for an accessory building shall apply (see Section 4.3.2 -
Accessory Buildings - Non-Dwelling and Non-Apartment Building Uses).
TOW N OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
108
MIXED DEVELOPMENT {MD) ZONE
9.12.3 Zone Requirements/Standards
3.
Open {Outdoor) Storage (see Section 5.18)
The Town will not permit open dry storage of materials, goods and machinery, on sites abutting
or on the opposite side of a road from lands zoned or used for residential purposes. Where
permitted, open storage shall meet the following requirements:
1. Open storage on non-residential lots shall not occupy more than 25 percent (25%) of the site
area and (except for lots occupied by a Service Station/Gas Bar/Commercial Garage) shall not
be located in the front yard or in any required buffer areas;
2. Open storage areas shall be enclosed by a wall or fence not less than 2 metres in height
constructed of uniform materials approved by the Town;
3. Open storage areas shall be maintained with a stable surface to prevent raising or movement
of dust, clay, mud, and loose particles;
4. Where provided with lighting, the fixtures shall be designed so that the illumination is
contained within the boundaries of the storage area/site.
4.
Site Maintenance Standards, Non-Residential Uses
Any use other than a private residence occupying a site in the Mixed Development Zone shall
meet the conditions below.
1. Trash and Garbage Receptacles - Trash and garbage receptacles which contain garbage
awaiting collection shall be located within a screened enclosure constructed of opaque
materials and of a design satisfactory to the Town.
2. Exterior Lighting - Exterior lighting for use on the site shall be erected and maintained so the
light is confined to the property and will not case direct light or glare upon the adjacent
properties or roads and the light source shall not be higher than 6 metres.
3. Landscaping and Surfacing - Lots shall be landscaped or provided with a stable surface to
prevent raising or movement of dust, clay, mud, and loose particles.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
109
MIXED DEVELOPMENT (MD) ZONE
9.12.3 Zone Requirements/Standards
5.
Marine Coastline
1. See also Regulation 4.26 {Site Development and Subdivision Development - Marine Coastline)
2. Along the marine coastline, wherever possible development required for emergency services,
residential development and developments containing vulnerable populations {hospitals,
special care homes, seniors' complexes, etc.) shall be located away from areas known to be
prone to flooding or other storm damage.
6.
Take-Out and Amusement Uses
Uses in the Take-out Food Service and Amusement Use Classes may be considered for approval
provided the proposed site does not abut lands zoned or used for residential purposes.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
110
9.13
TOWN CENTRE (TC) ZONE
9.13.1 Permitted Uses
The following Uses shall, subject to the requirements of these Regulations (including Section 6),
be permitted:
a. Accessory Dwelling Unit
b. Accessory Building (see Section 4.3.1 & 4.3.2}; Accessory Use (see Section 4.4)
c.
Adult Day Care - Non-Residential (subject to Section 5.1)
d. Adult Day Care - Residential (subject to Section 5.2)
e. Apartment Building
f. Single Dwelling
g. Double Dwelling
h. Row Dwelling
i.
Subsidiary Apartment in a Single Detached Dwelling (see Section 4.32}
j.
Bed and Breakfast (subject to Section 5.4)
k. Boarding House (subject to Section 5.4)
I.
Child Care - Daycare Centre (subject to Section 5.6)
m. Communications Use
n. Conservation Uses
o. Convenience Store (subject to Section 5.9)
p. Cultural and Civic Uses
q. Dwelling Unit on the Second floor or Higher of a Commercial Building
r.
Eating Establishment
s. Family and Group Care Centre
t. General Service Use
u. Home Based Business (subject to Section 5.15}
v.
Home Office Use (subject to Section 5.16)
w. Hotel/Motel
x.
Indoor Market
y. Medical and Professional Services
z.
Office
aa. Outdoor Market
bb. Passenger Assembly
cc. Personal Service Uses (e.g. Hair Salon, Tailor, Shoe Repair)
dd. Place of Assembly
ee. Place of Worship
ff. Public Services
gg. Public Utilities
hh. Recreational Open Space
ii. Shop (Retail Store)
jj. Taxi Stand
kk. Transportation Terminal
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
111
II. Transportation Use, including accessory wharves and docks
TOWN CENTRE (TC) ZONE
9.13.2 Discretionary Uses (subject to Section 3.30)
The following Uses may be permitted at the discretion of the Town provided that they are
complementary to uses within the permitted use classes or that their development will not inhibit
or prejudice the existence or the development of such uses; and subject to the requirements of
these Regulations:
a. Amusement Use (Place of Amusement)
b. Antenna (subject to section 5.25)
c.
Assisted Living Residential Home (subject to Section 5.3)
d. Catering Hall
e. Catering Kitchen
f. Club
g. Commercial School
h. Funeral Home
i.
General Industry Use
j.
General (Commercial) Garage
k. General Service Use
I.
Light Industry Use
m. Mini Home (subject to Section 5.19)
n. Seniors and Personal Care Facilities
o. Service Station and Gas Bar (subject to Section 5.22)
p. Short-Term/Overnight RV and Trailer Campground (subject to Section 5.5.10)
q. Tavern (Lounge)
r. Theatre
s. Tiny House Dwelling
t . Veterinary Clinic
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
TOWN CENTRE {TC) ZONE
9.13.3 Zone Requirements/Standards
1.1
Residential Development
STANDARD
Single Dwelling
Double
Dwelling
Lot Area (min)
450
square
450
square
metres
metres
Floor Area (min)
80
square
70
square
metres
metres each du
Residential
Density
Frontage (min)
15 metres
20 metres
Building Line &
6 metres
6 metres
Setback (min)
Side Yards (min)
1.8 metres,
1.8 metres,
1.8 metres
1.8 metres
Flanking
Yard
6 metres
6 metres
(min)
Rear Yard (min)
9 metres
9 metres
Lot Coverage-
33%
33%
All Buildings
(max)
Height (max)
8 metres
8 metres
Tiny House Dwelling Standards
Lot Area (min)
Lot Frontage (min)
Building Line (min)
Front Yard Landscaped (min)
Side Yards (min)
Side Yard, Flanking Road (min)
Rear Yard (min)
Building Height (max)
Parking Spaces (min)
120 sq. m
6 metres
6 metres
40%
1 metre, 3 metres
3 metres & 5 metres
6 metres
8 metres
1
Row Dwelling
300
square
metres each du
70 square metres
each du
10 metres each
du
6 metres
2 metres -
End
Units
6 metres
9 metres
33%
10 metres
1.2
Building Line and Setback, Complementary Yard Setbacks
112
Apartment
Mini Home
Building
400 square metres
360 square
metres
50 square metres
---
each du
1
d.u.
per
200
square metres
30 metres
12 metres
8 metres
6 metres
5 metres, 5 metres
1.5 metres,
1.5 metres
8 metres
6 metres
9 metres
9 metres
33%
40%
10 metres
10 metres
1. The Town, by resolution and in accordance w ith Section 3.3.l(e) of the Municipal Pan, may
establish building lines on an existing or proposed street and may require any new buildings
to be locat ed on those building lines, w hether or not such building lines conform to the
standards set out in the TC Zone Requirements/Standards table of these Regulations.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
113
TOWN CENTRE (TC) ZONE
9.13.3 Zone Requirements/Standards
1. Notwithstanding the minimum front, side and rear yard requirements set out under Section
9, the Town may allow development to complement existing building setbacks from the front,
side and rear lot lines of the adjoining properties by varying by no more than 10% the
minimum yard requirements and after notification is given to the adjacent property owners.
2. The building line along Provincial highways shall not be less than that specified under the
Provincial Building Near Highways Regulations - 30 metres from the centreline of the Trans
Canada Highway Route 1.
2.
Non-Residential Development Standards
1. For Non-Residential uses not located in a dwelling and not on a dwelling lot, the development
standards for this zone shall be as follows:
a. Minimum Building Line Setback
b. Minimum Sideyards
c. Minimum Rearyard
d. Maximum Height
e. Maximum Lot Coverage
3.
Open (Outdoor) Storage (see Section 5.18)
4 metres
3 metres
10 metres
10 metres
33%
The Town will not permit open dry storage of materials, goods and machinery, on sites abuttfng
or on the opposite side of a road from lands zoned or used for residential purposes. Where
permitted, open storage shall meet the following requirements:
1. Open storage on non-residential lots shall not occupy more than 25 percent (25%) of the
site area and (except for lots occupied by a Service Station/Gas Bar/Commercial Garage)
shall not be located in the front yard or in any required buffer areas;
2. Open storage areas shall be enclosed by a wall or fence not less than 2 metres in height
constructed of uniform materials approved by the Town;
3. Open storage areas shall be maintained with a stable surface to prevent raising or
movement of dust, clay, mud, and loose particles;
4. Where provided with lighting, the fixtures shall be designed so that the illumination is
contained within the boundaries of the storage area/site.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
114
TOWN CENTRE (TC) ZONE
9.13.3 Zone Requirements/Standards
4.
Site Maintenance Standards, Non-Residential Uses
Any use other than a private residence occupying a site in the Mixed Development Zone shall
meet the conditions below:
1. Trash and Garbage Receptacles - Trash and garbage receptacles which contain garbage
awaiting collection shall be located within a screened enclosure constructed of opaque
materials and of a design satisfactory to the Town.
2. Exterior Lighting - Exterior lighting for use on the site shall be erected and maintained so
the light is confined to the property and will not case direct light or glare upon the
adjacent properties or roads and the light source shall not be higher than 6 metres.
3. Landscaping and Surfacing - Lots shall be landscaped or provided with a stable surface to
prevent raising or movement of dust, clay, mud, and loose particles.
5.
Marine Coastline
1. See also Regulation 4.26 (Site Development and Subdivision Development - Marine Coastline)
2. Along the marine coastline, wherever possible development required for emergency services,
residential development and developments containing vulnerable populations (hospitals,
special care homes, seniors' complexes, etc.) shall be located away from areas known to be
prone to flooding or other storm damage.
6.
Take-Out and Amusement Uses
Uses in the Take-out Food Service and Amusement Use Classes may be considered for approval
provided the proposed site does not abut lands zoned or used for residential purposes.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
115
9.14
PUBLIC (PU) ZONE
9.14.1 Permitted Uses
The following Uses shall, subject to the requirements of these Regulations (including Section 6),
be permitted:
a. Accessory Building (see Section 4.3.2); Accessory Use (see Section 4.4)
b. Adult Day Care - Non-Residential (subject to Section 5.1)
c. Assisted Living Residential Home (subject to Section 5.3)
d. Child Care - Daycare Centre (subject to Section 5.6)
e. Conservation Uses
f.
Cultural and Civic Uses
g. Fire Station
h. General Assembly Uses
i.
Indoor Assembly Uses
j.
Outdoor Assembly Uses
k.
Hospital
I.
Medical Clinic, Medical Offices
m. Office Uses
n. Personal Care Home
o. Place of Worship
p. Police Station
q. Recreational Open Space
r. Public Services;
s.
Public Utilities
t. Special Care
u. Seniors Housing
v. Transportation
9.14.2 Discretionary Uses (subject to Section 3.30)
The following Uses may be permitted at the discretion of the Town provided that they are
complementary to uses within the permitted use classes or that their development will not inhibit
or prejudice t he existence or t he development of such uses; and subject to the requirements of
these Regulations:
a. Apart ment Building
b. Catering
c. Catering Kitchen
d. Catering Hall
e. Cemetery
f. Club
g. Collective Residential Use
h. Double Dwelling
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
116
PUBLIC (PU} ZONE
9.14.2 Discretionary Uses
i.
Communications Use
j.
Funeral Home
k. General Service Use
I.
Medical and Professional Services
m. Personal Service Use
n. Row Dwelling
o. Social Housing Initiative
p. Theatre
q. Significant Transportation Use
9.14.3 Zone Requirements/Standards
1. Residential Development Standards
STANDARD
Row Dwelling
Apartment
Assisted Living Residential Home
Building
Lot Area (min)
300 sq m per du
900 sq m
Residential
1 d.u. per 180 sq
Density
m
Frontage (min)
10 metres
30 metres
30 m
Building Line &
6 metres
8 metres
10 m or consistent with the Building
Setback (min)
Line Setback as
established by
Existing Lots on the Street
Side Yards (min)
2 metres - End
5 metres,
5 metres,
Units
5 metres
5 metres
Flanking
Yard
6 metres
8 metres
5 metres
(min)
Rear Yard (min)
9 metres
9 metres
10 met res
Lot Coverage-
33%
33%
50%
All Buildings
(max)
Height (max)
10 metres
10 metres
2. Non-Residential Development Standards
For Non-Residential uses not located in a dwelling and not on a dwelling lot, the development
standards for this zone shall be as follows:
a. Minimum Building Line Setback
10 metres
b. Minimum Side Yards
5 metres
c.
Minimum Rear Yard
15 metres
d. Maximum Height
15 metres
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
117
PUBLIC (PU) ZONE
9.14.3 Zone Requirements/Standards
3. Access and Parking
In assessing proposed new public uses, the Town will require adequate vehicular and pedestrian
access to the site and off-street parking that meet s the standards of these Development
Regulations.
4. Municipal Services
Full municipal water and sewer services shall be required for all development.
5. Marine Coastline
l. See also Regulation 4.26 {Site Development and Subdivision Development - Marine Coastline)
2. Along the marine coastline, wherever possible development required for emergency services,
residential development and developments containing vulnerable populations (hospitals,
special care homes, seniors' complexes, etc.) shall be located away from areas known to be
prone to flooding or other storm damage.
6. Significant Transportation Use
A significant transportation use may only be permitted provided that the use is appropriate
for the area; the access and services available to the site; and adequate opportunity has
been provided for public consultation as per the requirements set out in the Development
Regulations.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPM ENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
118
9.15 OPEN SPACE (OS) ZONE
9.15.1 Permitted Uses
The following Uses shall, subject to the requirements of these Regulations (including Section 6),
be permitted :
a. Cemetery
b. Conservation Use
C.
Recreational Open Space
d. Public Services
e. Public Utilities
f.
Transportation Use
9.15.2 Discretionary Uses (subject to Section 3.30)
The following Uses may be permitted at the discretion of the Town provided that they are
complementary to uses within the permitted use classes or that their development will not inhibit
or prejudice the existence or the development of such uses; and subject to the requirements of
these Regulations:
a. Antenna
b. Campground (subject to Section 5.5)
c.
Cultural and Civic Uses
d. Indoor Assembly Uses
e. Outdoor Assembly Uses
f.
Small-Scale Wind Turbine (subject to Section 5.24)
g. Theatre
9.15.3 Zone Requirements/Standards
1. Development Standards
1. Town Services - Development in this zone shall not be required to be connected to municipal
water and sewer systems.
2. The development standards are as determined by the Town, subject to the necessary
approvals by Provincial and Federal agencies.
3. In accordance with Section 3.6 (Discretionary Powers of Council), the Town shall ensure that
any development in this zone is compatible with the open space and recreational
development of the area, and that cemeteries are protected.
TOWN OF CHANNEL-PORT A UX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Bound ridge Planning and Development Services Inc.
119
OPEN SPACE (OS) ZONE
9.15.3 Zone Requirements/Standards
4. A transportation use, including a significant transportation use may only be permitted
provided that the use is appropriate for the area; the access and services available to the
site; and adequate opportunity has been provided for public consultation as per the
requirements set out in the Development Regulations.
2.
Marine Coastline
1. See also Regulation 4.26 {Site Development and Subdivision Development- Marine Coastline}
2. Along the marine coastline, wherever possible development required for emergency services,
residential development and developments containing vulnerable populations (hospitals,
special care homes, seniors' complexes, etc.} shall be located away from areas known to be
prone to flooding or other storm damage.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
120
9.16 COMMERCIAL (COM) ZONE
9.16.1 Permitted Uses
The following Uses shall, subject to the requirements of these Regulations (including Section 6),
be permitted:
a. Accessory Building (see Section 4.3.2}; Accessory Use (see Section 4.4)
b. Accessory Dwelling Unit
c. Accessory Use
d. Amusement Uses
e. Antenna (subject to Section 5.25)
f.
Catering Hall
g. Catering Kitchen
h. Child Care - Daycare Centre (subject to Section 5.6}
i.
j.
Communications Use
Conservation Uses
k. Convenience Store
I.
Cultural and Civic Uses
m. Dwelling Unit on the second floor or higher of a Commercial building
n. Eating Establishment
o. Funeral Home
p. General Service Use
q. Hotel/Motel
r.
Indoor Market
s. Light Industrial Use
t .
Medical and Professional Services
u. Municipal Infrastructure; Public Services; and Public Utilities
v. Office
w. Outdoor Market
x.
Personal Service Use
y.
Place of Worship
z.
Recreational Open Space
aa. Service Station and Gas Bar (subject to Section 5.22)
bb. Shop/ Retail Store
cc. Shopping Centre
dd. Taxi Stand
ee. Theatre
ff. Transportation Use
gg. Veterinary Clinic
hh. Veterinary Hospital (provided the Lot is at least 100 metres from a Residential Zone)
TOW N OF CHANNEL-PORT A UX BASQUES DEVELOPM ENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
121
COMMERCIAL (COM) ZONE
9.16.2 Discretionary Uses (subject to Section 3.30}
The following Uses may be permitted at the discret ion of the Town provided that they are
complementary to uses within the permitted use classes or that their development will not inhibit
or prejudice the existence or the development of such uses; and subject to the requirements of
these Regulations:
a. Drive-Thru Business
b. Rental Storage Use (subject to Section 5.21}
c. Utilities - Windmills, Wind Farms, Other Energy Sources (subject to Section 5.23}
d. Wind Turbines - Small Scale (subject to Section 5.24}
9.16.3 Zone Requirements/Standards
1. Development Standards - General
Standard
Lot Area (minimum)
---
Lot Frontage (minimum)
--
Lot Coverage (maximum)
50%
Building Line Setback (minimum)
6 metres
Side Yard (minimum
1 metre per storey
Side Yard Flanking Road (minimum)
6 metres
Rear Yard (minimum
10 metres
Building Height (maximum)
15 metres
Side Yard for Open Storage (minimum)
5 metres (subject to Section 5.15)
Landscaping of Lot (minimum)
20%; see also Section 8.3
2. Open (Outdoor) Storage (see Section 5.18}
The Town may permit open dry storage of materials, goods and machinery, provided the
following conditions are met:
1. Open storage on lots shall not occupy more than 50 percent (50%} of the site area (except for
lots occupied by a Service Station/Gas Bar/Commercial Garage} and shall not be located in
the front yard or in any required buffer areas;
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
122
COMMERCIAL (COM) ZONE
9.16.3 Zone Requirements/Standards
2. Open (Outdoor) Storage (see Section 5.18)
2. Open storage areas shall be enclosed by a wall or fence not less than 2 metres in height
constructed of uniform materials approved by the Town;
3. Open storage areas shall be enclosed by a wall or fence not less than 2 metres in height
constructed of uniform materials approved by the Town;
4. Open storage areas shall be maintained with a stable surface to prevent raising or movement
of dust, clay, mud, and loose particles;
5. Where provided with lighting, the fixtures shall be designed so that the illumination is
contained within the boundaries of the storage area/site.
3. Site Maintenance Standards, Non-Residential Uses
Any use other shall meet the conditions below:
1. Trash and Garbage Receptacles - Trash and garbage receptacles which contain garbage
awaiting collection shall be located within a screened enclosure constructed of opaque
materials and of a design satisfactory to the Town.
2. Exterior Lighting - Exterior lighting for use on the site shall be erected and maintained so
the light is confined to the property and will not case direct light or glare upon the
adjacent properties or roads and the light source shall not be higher than 6 metres.
3. Landscaping and Surfacing - Lots shall be landscaped or provided with a stable surface to
prevent raising or movement of dust, clay, mud, and loose particles.
4. Municipal Services
Development in this zone shall be connected to municipal water and sewer systems.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
COMMERCIAL (COM) ZONE
9.16.3 Zone Requirements/Standards
5. Marine Coastline
123
1. See also Regulation 4.26 (Site Development and Subdivision Development - Marine Coastline)
2. Along the marine coastline, wherever possible development required for emergency services,
residential development and developments containing vulnerable populations (hospitals,
special care homes, seniors' complexes, etc.) shall be located away from areas known to be
prone to flooding or other storm damage.
6. Vehicular Access
Each Lot shall be separated from the adjoining road by a curb or other suitable barrier against
unchanneled motor vehicle access. The barrier shall be located on the Lot along the Street Line
unless the barrier takes the form of a curb along the roadway.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
124
9.17 COMMERCIAL BUSINESS PARK (CBP} ZONE
9.17.1 Permitted Uses
The following Uses shall, subject to the requirements of these Regulations (including Section 6),
be permitted:
a. Accessory Building (see Section 4.3.2); Accessory Use (see Section 4.4)
b. Catering Hall (Banquet Hall)
c.
Child Care - Daycare Centre (subject to Section 5.6)
d. Conservation Uses
e. Convenience Store
f.
Eating Establishment (no drive-thru)
g. General Assembly
h. General Services
i.
Health and Fitness Facility
j.
Hotel
k. Indoor Assembly
I.
Indoor Market
m. Office
n. Personal, Professional and Medical Service Uses
o. Public Services; Public Utilities
p. Recreational Open Space
q. Shop (Retail Store)
r. Theatre
s. Veterinary Clinic
9.17.2 Discretionary Uses (subject to Section 3.30)
The following Uses may be permitted at the discretion of the Town provided that they are
complementary to uses within the permitted use classes or that their development will not inhibit
or prejudice the existence or the development of such uses; and subject to the requirements of
these Regulations:
a. Automotive Sales and Service
b. Dwelling Unit on the second storey or higher of a Commercial building
c. General Garage (Commercial Garage)
d. Light Industry Use
e. Lounge(Tavern)
f. Outdoor Market
g. Service Station and Gas Bar (subject to Section 5.22)
h. Taxi Stand
i.
Antenna/ Telecommunications Tower (subject to Section 5.25)
j.
Wind Turbine - Small Scale (subject to Section 5.24)
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
COMMERCIAL BUSINESS PARK (CBP) ZONE
9.17.3 Zone Requirements/Standards
1. Development Standards - General
Standard
Lot Area (minimum)
Lot Frontage (minimum
Lot Coverage (maximum)
Building Line Setback (minimum)
Side Yard (minimum
Side Yard Flanking Road (minimum)
Rear Yard (minimum
Building Height (maximum)
Side Yard for Open Storage (minimum)
Landscaping of Lot (minimum)
900 square metres
30 metres
50%
10 metres (subject to Section 4.8)
1 metre per storey
6 metres
10 metres
12 metres
5 metres (subject to Section 5.15)
20%; see also Section 8.3
125
1. In accordance with Section 6.20 of these Regulations, subject to the Adoption by Council of
an Access Plan under Section 4.2, Council may reduce the minimum Lot Frontage required by
Section 9 by up to 10 percent {10%).
2. Shall meet the conditions set out in Section 4.9 (Building Near Highways) and may require the
prior written approval of the Department of Transportation and Works
3. Shall meet the conditions set out in Section 4.21 (Protected Road Zoning Regulations) and
shall require the prior written approval of Service NL.
2. Open (Outdoor) Storage (see Section 5.18)
The Town may permit open dry storage of materials, goods and machinery, provided the
following conditions are met:
1. Open storage on lots shall not occupy more than 30 percent {30%) of the site area and
(except for lots occupied by a Service Station/Gas Bar/Commercial Garage) shall not be
located in the front yard or in any required buffer areas;
2. Open storage areas shall be enclosed by a wall or fence not less than 2 metres in height
constructed of uniform materials approved by the Town;
3. Open storage areas shall be maintained with a stable surface to prevent raising or
movement of dust, clay, mud, and loose particles;
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
126
COMMERCIAL BUSINESS PARK (CBP) ZONE
9.17.3 Zone Requirements/Standards
4. Where provided with lighting, the fixtures shall be designed so that the illumination is
contained within the boundaries of the storage area/site.
3. Site Maintenance Standards, Non-Residential Uses
Any non-residential use shall meet the conditions below:
1. Trash and Garbage Receptacles - Trash and garbage receptacles which contain garbage
awaiting collection shall be located within a screened enclosure constructed of opaque
materials and of a design satisfactory to the Town.
2. Exterior Lighting- Exterior lighting for use on the site shall be erected and maintained so
the light is confined to the property and will not case direct light or glare upon the
adjacent properties or roads and the light source shall not be higher than 6 metres.
3. Landscaping and Surfacing - Lots shall be landscaped or provided with a stable surface to
prevent raising or movement of dust, clay, mud, and loose particles.
4. Municipal Services
Development in this zone shall be connected to municipal water and sewer systems.
5. Marine Coastline
1. See also Regulation 4.26 (Site Development and Subdivision Development - Marine Coastline)
2. Along the marine coastline, wherever possible development required for emergency services,
residential development and developments containing vulnerable populations (hospitals,
special care homes, seniors' complexes, etc.) shall be located away from areas known to be
prone to flooding or other storm damage.
6. Vehicular Access
Each Lot shall be separated from the adjoining road by a curb or other suitable barrier against
unchanneled motor vehicle access. The barrier shall be located on the Lot along the Street Line
unless the barrier takes the form of a curb along the roadway.
TOW N OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
127
9.18 INDUSTRIAL {IND) ZONE
9.18.1 Permitted Uses
The following Uses shall, subject to the requirements of these Regulations (including Section 6),
be permitted:
a. Accessory Building (see Section 4.3.2)
b. Accessory Use (see Section 4.4)
c. Antenna/ Telecommunications Tower (subject to Section 5.25)
d. Catering Kitchen
e. Communications Use
f.
Conservation Use
g. General Industry Uses
h. General Service Uses
i.
Indoor Market
j.
Light Industry Uses
k. Outdoor Market
I.
Office
m. Passenger Assembly Uses
n. Public Services; Public Utilities
o. Recreational Open Space
p. Service Station and Gas Bar (subject to Section 5.22)
q. Shop
r.
Uses that form part of the Marine Atlantic Ferry Service and port related activities
g·.1s.2 Discretionary Uses (subject to Section 3.30)
The following Uses may be permitted at the discretion of the Town provided that they are
complementary to uses within the permitted use classes or that their development will not inhibit
or prejudice the existence or the development of such uses; and subject to the requirements of
these Regulations:
a. Hazardous Industry Uses
b. Major Transportation Uses
c.
Mineral Exploration (subject to Section 5.13)
d. Mineral Working (subject to Section 5.14)
e. Scrap Yard/Salvage Yard (subject to Section 5.26)
f.
Transportation Uses
g. Utilities
h. Wind Turbine - Small Scale (subject to Section 5.24)
TOW N OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
128
INDUSTRIAL (IND) ZONE
9.18.3 Zone Requirements/Standards
1. Development Standards - General
Standard
Lot Area (minimum)
As determined by Council
Lot Frontage (minimum
30 metres
Lot Coverage (maximum)
As determined by Council
Building Line Setback (minimum)
10 metres (subject to Section 4.8)
Side Yard (minimum
1 metre per storey
Side Yard Flanking Road (minimum)
6 metres
Rear Yard (minimum
10 metres
Building Height (maximum)
15 metres
Side Yard for Open Storage (minimum)
5 metres (subject to Section 5.15)
Landscaping of Lot (minimum)
3 metres from each lot line
Notwithstanding the foregoing, Council may, in its discretion, vary these requirements to a
maximum of 10% when taking into consideration adjacent land uses.
2. Major Transportation Uses
Major transportation uses may only be considered for approval after a review of the impact
of the development on the environment and the Town's infrastructure.
3. Open (Outdoor) Storage (Refer to Section 5.18)
The Town may permit open dry storage of materials, goods and machinery, provided the
following conditions are met:
l. Open storage on a lot shall not occupy more than 50 percent (50%) of the site area and
(except for lots occupied by a Service Station/Gas Bar/Commercial Garage) shall not be
located in the front yard or in any required buffer areas;
2. Open storage areas shall be enclosed by a wall or fence not less than 2 metres in height
constructed of uniform materials approved by the Town;
3. Open storage areas shall be maintained with a stable surface to prevent raising or
movement of dust, clay, mud, and loose particles;
4. Where provided with lighting, the fixtures shall be designed so that the illumination is
contained within the boundaries of the storage area/site.
TOWN OF CHANN EL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
129
4. Flammable Liquids Storage (Refer to Section 4.30)
In this zone, all uses and structures for the on-site bulk storage of flammable liquids shall conform
to the requirements of the Provincial Fire Commissioner and in order to prevent damage to
adjacent uses by fire, explosion or spillage of flammable liquid shall be surrounded by such
buffers and landscaping as the Town may require.
5.
Industrial Streets and Services
1. Development in this zone shall be connected to municipal water and sewer systems.
2. All industrial and light industrial uses must be provided with streets and municipal services
designated for industrial use including firefighting capability. Any industrial establishment
must provide adequate off-street parking facilities for all employees. Customer parking may
be provided in the street right-of-way by the construction of suitable bays in w hich parked
vehicles will not interfere with moving traffic.
6.
Site Maintenance Standards, Non-Residential Uses
Any use shall meet the conditions below:
1. Trash and Garbage Receptacles - Trash and garbage receptacles which contain garbage
awaiting collection shall be located within a screened enclosure constructed of opaque
materials and of a design satisfactory to the Town.
2. Exterior Lighting - Exterior lighting for use on the site shall be erected and maintained so
the light is confined to the property and will not case direct light or glare upon the
adjacent properties or roads and the light source shall not be higher than 6 metres.
3. Landscaping and Surfacing - Lots shall be landscaped or provided with a stable surface to
prevent raising or movement of dust, clay, mud, and loose particles.
7.
Marine Coastline
1. See also Regulation 4.26 (Site Development and Subdivision Development - Marine Coastline)
2. Along the marine coastline, wherever possible development required for emergency services,
residential development and developments containing vulnerable populations (hospitals,
special care homes, seniors' complexes, etc.) shall be located away from areas known to be
prone to flooding or other storm damage.
8. Vehicular Access
Each Lot shall be separated from the adjoining road by a curb or other suitable barrier against
unchanneled motor vehicle access. The barrier shall be located on the Lot along the Street Line
unless the barrier takes the form of a curb along the roadway.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
130
9.19
RURAL (RUR) ZONE
9.19.1 Permitted Uses
The following Uses shall, subject to the requirements of these Regulations (including Section 6),
be permitted:
a. Accessory Building (see Section 4.3.1 & 4.3.2);
b. Accessory Use (see Section 4.4)
c. Agriculture
d. Antenna/ Telecommunications Tower (subject to Section 5.25)
e. Conservation
f.
Cultural and Civic uses
g. Forestry
h. Mineral Exploration (subject to Section 5.13)
i.
Mineral Working (subject to Section 5.14)
j.
Municipal Infrastructure
k.
Public Services;
I.
Public Utilities
m. Recreational Open Space (includes Public Open Space)
9.19.2 Discretionary Uses (subject to Section 3.30)
The following Uses may be permitted at the discretion of the Town provided that they are
complementary to uses within the permitted use classes or that their development will not inhibit
or prejudice the existence or the development of such uses; and subject to the requirements of
these Regulations:
a. Accessory Dwelling Unit
b. Animal Use (Kennel, Riding Stable)
c.
Campground (subject to Section 5.5)
d. Catering Hall (Banquet Hall)
e. Cemetery
f.
Communications Use
g. General Industry
h. Outdoor Assembly Uses
i.
Rental Storage Use (subject to Section 5.21)
j.
Scrap Yard-Salvage Yard (subject to Section 5.26)
k. Single Dwelling Accessory to an Existing Permitted Use (subject to the approval of the
Provincial Department of Fisheries and Land Resources)
I.
Solid Waste Disposal
m. Transportation Use
n. Utilities: Wind Turbine - Small Scale (subject to Section 5.24)
o. Veterinary Use
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
131
RURAL (RUR) ZONE
9.19.3 Zone Requirements/Standards
1. General - The minimum lot area, frontage and front, rear and side yards shall be as
determined by the Town, subject to the approval of Service NL. Applications shall also be
referred to the Department of Natural Resources and, if necessary, the Department of
Transportation and Works.
2. Single Dwelling Accessory to a Permitted Use
1. Subject to the written approval of the Provincial Department of Fisheries and Land Resources.
2. The Accessory Dwelling Unit shall be located on the same lot on which the Forestry operation,
the Agriculture-Livestock operation and/or the Horticulture operation is located; and
3. Only one (1) Accessory Dwelling Unit shall be permitted on the property; and
4. Shall comply with these standards
Standard
Site/Lot Area (minimum)
2400 square metres
Site/Lot Frontage (minimum
30 metres
Building Line (minimum)
15 metres
Side Yards (minimum
6 metres, 6 metres
Rear Yard (minimum)
10 metres
3. Campground (Refer to Section 5.5)
1. A campground may only be permitted as a Discretionary Use, provided a plan of the
development is submitted in a format satisfactory to the Town, showing and specifying:
a. camping sites - location and sizes;
b. roads and accesses;
c. parking areas;
d. accessory uses, such as laundry facilities, storage areas, showers, snack-bar, and
convenience stores and the caretaker residence, and any other building or facility
accessory to the campground facility;
e. water supply and waste disposal services;
f. landscaping;
g. buffers, and screening between the campground and existing and future residential
development;
TOWN OF CHANN EL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
132
RURAL (RUR} ZONE
9.19.3 Zone Requirements/Standards
h. the land to be developed on a legal survey prepared by a Newfoundland Land
Surveyor;
i.
where deemed, necessary by the Town, a phasing plan of the campground.
2. Commercial uses, washroom facilities, Laundromats and similar facilities, and parking areas
and recreational areas shall not be located adjacent to residential areas.
3. All sites and facilities shall only be accessed by the internal road network of the campground.
4. A suitable buffer located on the property and that is landscaped and planted with materials
approved by the Town and/or a privacy fence of a design approved by the Town, shall be
provided where the development abuts a public road, right of way, and/or a present or future
residential neighbourhood.
5. Any buffering or screening shall be properly maintained by the owner, and not allowed to fall
into disrepair or become unsightly.
6. The permit for a campground shall specify the maximum number of units and sites - in the
form of tents, recreational vehicles, and so forth - that may be accommodated on the site at
any one time. This number shall not be exceeded.
7. Any proposed expansion or alteration to a campground shall be subject to review by the
Town, and except for repairs ahd maintenance, shall be treated as a new Discretionary Use
Application.
8. The owner and/or the operator shall ensure that all bylaws and regulations of the Town
pertaining to noise, rowdy behavior, and litter are complied with.
9. Where deemed necessary by the town, a deposit sufficient to cover the cost ofthe buffer and
screening shall be deposited with the Town, and then subsequently returned by the Town
upon satisfactory completion of the work, or, used by the Town to complete the work in
accordance with the approved plan.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
133
RURAL (RUR} Zone
9.19.3 Zone Requirements/Standards
4. Marine Coastline
1. See also Regulation 4.26 {Site Development and Subdivision Development - Marine Coastline)
2. Along the marine coastline, wherever possible development required for emergency services,
residential development and developments containing vulnerable populations {hospitals,
special care homes, seniors' complexes, etc.) shall be located away from areas known to be
prone to flooding or other storm damage.
5. Forestry
Forestry activities must preserve the scenic views of the community. Logging will not be
permitted in areas clearly visible from the urban area of the Town.
6. General Industry
1. General Industrial uses shall be restricted to the maintenance and repair of equipment,
processing and storage related to Agriculture, Forestry or Mineral Working uses, or to uses
meeting the following criteria:
a. unsuitable for location near urban development because they interfere with the amenity
and use of adjacent lands by reason of appearance, noise, vibration, smell, fumes, smoke,
grit, soot, ash, dust or glare;
b. operations of a m'anufacturing or assembly nature or activities which require large areas
for open storage and handling of materials, goods, and equipment and whose buildings
are accessory to the open storage and handling;
c. capable of being serviced by on-site water supply and sanitary sewage disposal;
d. capable of being screened from public roads and lands designated for urban uses;
e. generating low volumes of traffic; and
f. capable of operations with no deleterious effect on the environment including, quality of
water in any stream, pond or bog.
2. No warehousing or wholesale and retail sales activities shall be permitted.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
134
RURAL (RUR) Zone
9.19.3 Zone Requirements/Standards
7. Mineral Working
1. Shall meet the conditions set out in Section 5.14
2. No permit shall be issued by the Town for mineral working until the necessary approval is first
obtained from the Departments of Natural Resources together with any other permits that
may be required from other provincial agencies.
8. Mineral Exploration
1. Shall meet the conditions set out in Section 5.13
2. No permit shall be issued by the Town for mineral exploration until the necessary approval is
first obtained from the Departments of Natural Resources together with any other permits
that may be required from other provincial agencies.
9. Scrap Yard-Salvage Yard
Shall meet the conditions set out in Section 5.26.
10. Rental Storage Use
1. Shall meet the conditions set out in Section 5.21 (Rental Storage Use)
2. Shall meet the conditions set out in Section· 4.9 (Building Near Highways) and may require the
prior written approval of the Department of Transportation and Works
3. Shall meet the conditions set out in Section 4.21 (Protected Road Zoning Regulations) and
shall require the approval of the Service NL.
11. Solid Waste Disposal
No new solid waste disposal site may be permitted within this zone unless it is a transfer station
or a waste disposal recycling facility that has been approved by the Provincial Government and
the Town.
12. Municipal Services
Development in this Zone shall not be required to be connected to the Town's water and sewer
system.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
135
9.20
ENVIRONMENTAL PROTECTION (EP) ZONE
9.20.1 Permitted Uses
The following Uses shall, subject to the requirements of these Regulations (including Section 6),
be permitted:
a. Conservation
9.20.2 Discretionary Uses (subject to Section 3.30)
The following Uses may be permitted at the discretion of the Town provided that they are
complementary to uses within the permitted use classes or that their development will not inhibit
or prejudice the existence or the development of such uses; and subject to the requirements of
these Regulations:
a. Agriculture (low impact)
b. Mineral Exploration
c. Mineral Working
d. Transportation - water-access related (e.g. fishing stages and wharves and slipways)
e. Public Utilities, Public Infrastructure and Public Services
f.
Recreational Open Space
g. Utilities
9.20.3 Zone Requirements/Standards
1. General
All development in this Zone is subject to the approval of the Department of Municipal Affairs
and Environment along with that of the Town. Where a development is proposed which may
affect a water supply or water course, approval of the Water Resources Management Division of
the Department of Municipal Affairs and Environment is required along with that of the Town.
2. Mineral Workings
Mineral workings are allowed to continue on sites for which permits have been issued by the
Mineral Lands Division of the Department of the Natural Resources. Although a lease or permit
may lapse, the Town together with the Department of Natural Resources and the Department of
Municipal Affairs and Environment may allow a new operation to occur on a site that has
previously been used as a mineral working.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
ENVIRONMENTAL PROTECTION (EP) ZONE
9.20.3 Zone Requirements/Standards
3. Transportation
136
Transportation uses in this Zone are limited to uses requiring a direct access to a body of water,
such as fishing stages, wharves and slipways.
4. Marine Coastline
1. See Section 4.26
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
137
9.21
ENVIRONMENTAL PROTECTION MANAGEMENT UNIT {EPMU) ZONE
9.21.1 Permitted Uses
The following Uses shall, subject to the requirements of these Regulations (including Section 6),
be permitted:
a. Conservation
9.21.2 Discretionary Uses (subject to Section 3.30}
The following Uses may be permitted at the discretion of the Town provided that they are
complementary to uses within the permitted use classes or that their development will not inhibit
or prejudice the existence or the development of such uses; and subject to the requirements of
these Regulations:
a. Public Infrastructure, Services and Utilities
b. Recreational Open Space - unstructured recreation facilities such as walking or nature
trails and boardwalks that will not impact sensitive wildlife and animal habitats
9.21.3 Zone Requirements/Standards
1. General
(1} All development in this Zone is subject to the approval of the Department of Municipal
Affairs and Environment along with that of the Town, in consultation with the Eastern
Habitat Joint Venture.
Where necessary to protect wild-fowl habitat, trails for motorized vehicles can be limited
or even prohibited within the Environmental Protection - Management Unit as described
under this Municipal Plan.
Where a development is proposed which may affect a water supply or water course,
approval of the Water Resources Management Division of the Department of Municipal
Affairs and Environment is required along with that of the Town.
(2} There is a historical record of the listed species Sharpleaf Aster within the current
municipal boundary. Sharpleaf Aster is listed as Threatened under the Newfoundland
and Labrador Endangered Species Act (NLESA}. Section 16 (1} of NLESA states, "A
person shall not disturb, harass, injure, or kill an individual of a species designated
as threatened, endangered. or extirpated". This could occur inadvertently during a
development of a previously undisturbed site where suitable habitat exists. The
species is found in wooded areas, often along watercourses or in somewhat sheltered
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
138
depressions among the hills. Therefore , a permit request shall be sent by the Town
to the Wildlife Division if a development is proposed within these habitats; a botanical
survey may be required at that time. (More information about Sharpleaf Aster is
available at http://www.flr.qov.nl.ca/wildlife/endangeredspecies/Sharp
Leafed
Aster 2015.pdf. Furthermore, other rare plants have been identified within the
designated Environmental Protection Zone adjacent to Grand Bay West beaches. The
Town shall contact the Wildlife Division prior to any discretionary activities taking
place with these areas/ zones.
2. Discretionary Uses
Public Services and Public Utilities, roads and driveways and recreational open space and trails
may be approved provided that these do not affect sensitive plant and animal habitats.
3. Marine Coastline
See Section 4.26
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
139
9.22
PROTECTED PUBLIC WATER SUPPLY (PPWS} ZONE
9.22.1 Permitted Uses
The following Uses shall, subject to the requirements of these Regulations (including Section 6),
be permitted:
a. Conservation
9.22.2 Discretionary Uses (subject to Section 3.30)
The following Uses may be permitted at the discretion of the Town provided that they are
complementary to uses within the permitted use classes or that their development will not inhibit
or prejudice the existence or the development of such uses; and subject to the requirements of
these Regulations:
a. Mineral Exploration
b. Public Infrastructure, Public Services and Public Utilities
c. Recreational Open Space
d. Forestry
9.22.3 Zone Requirements/Standards
1. General Conditions and Referrals
In addition to any other approvals or requirements by the Town, all development in this zone
shall be subject to the approval of the Minister of Munkipal Affairs and Environment. Where a
development is proposed which may affect a water supply or water course, approval of the
Water Resources Management Division of the Department of Municipal Affairs and Environment
is required along with that of the Town.
Conditions 1, 2, 3, 4, and 5 are based upon Department of Municipal Affairs and Environment
Directive W.R. 95-01 - Water Resources Management Division (see Appendix C) as modified.
1. Existing resource development and other activities will be allowed to continue unless it is
established that these are impairing water quality or have potential to impair water quality.
2. The Minister of Municipal Affairs & Environment may require proponents of existing
activities, which have potential to impair water quality, to obtain his/her approval.
3. No development shall be carried out in a designated area except in accordance w ith this
policy.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
PROTECTED PUBLIC WATER SUPPLY {PPWS) ZONE
9.22.3 Zone Requirements/Standards
140
4. No person shall carry out any development in a designated area without obtaining prior
approval in writing from the Minister.
2. Limitation of Certain Uses
Notwithstanding Section 9.7 (Uses Permitted in All Zones), Transportation is not permitted in the
PPWS Zone.
3. Activities Not Permitted in a Designated Area
Although they may be associated with any one of the Permitted or Discretionary Uses, the
following activities shall not be permitted in the Protected Public Water Supply:
a. placing, depositing or discharging or permitting the placing, depositing or discharging into
a body of water any sewage, refuse, chemicals, municipal and industrial wastes or any
other material which impairs or has potential to impair water quality;
b. using an intake, pond, lake or specified buffer zones for any activity detrimental to water
quality, and not permitted in the Environment Act;
c.
using ice covered water body for transporting logs or wood, riding skidoos/motor
vehicles/all terrain vehicles, leading of animals, or any other activity, including littering,
which impairs or has potential to impair water quality;
d. using or operating existing facilities in such a manner that impairs or has potential to
impair water quality;
e. storage and disposal of pesticides and manure, application of manure and chemicals in
specified buffer zones, extensive land clearing, and peat land drainage without adequate
treatment;
f. application of herbicides in the right-of-way, and use of chemically treated utility poles
and other related structures; and,
g. any other storage or disposal facilities that the Minister of Municipal Affairs and
Environment considers environmentally unacceptable.
TOW N OF CHAN NEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE
9.22.3 Zone Requirements/Standards
4. Activities Regulated in a Designated Area
141
Subject to the other provisions of these Regulations, in this zone no person shall undertake any
of the following activities without obtaining prior written approval from the Minister of Municipal
Affairs & Environment and a permit from the Town:
a. expansion and upgrading of the existing activities, operations or facilities;
b. land clearing or drainage, construction of access roads, servicing of lands for subsequent
use, or extension and upgrading of existing buildings or facilities;
c. installation of storm or sanitary sewer pipelines, pipelines for transmission of water for
hydroelectric generation, agriculture uses, or any other purposes;
d. construction of roads, bridges, culverts, and other stream crossings, and installation of
power and telecommunication transmission lines;
e. modification to intake structures, pump house, reservoir; and
f.
any other development or activity which, in the opinion of the Minister of Municipal
Affairs & Environment, has caused impairment or has potential to impair water quality.
5. Approval Process
1. The proponent shall submit a detailed development plan ·along with maps, drawings and
specifications and other information as required by the Town and the Minister of Municipal
Affairs and Environment for approval.
2. The Minister of Municipal Affairs and Environment may, on the recommendation of his/her
officials, issue a certificate of approval for the proposed development on such terms and
conditions as the Minister considers necessary to protect water quality.
3. The proponent shall obtain separate approvals from the Minister of Municipal Affairs and
Environment for all permanent or temporary stream crossings or for alteration to bodies of
water that may be necessary to carry out the approved development.
4. The proponent shall also obtain licences, permits or approvals under other Acts and
Regulations, including the Development Regulations as required prior to commencing the
approved work.
TOWN OF CHAN NEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE
9.22.3 Zone Requirements/Standards
142
5. The proponent of the approved development shall notify the Town by providing a copy of the
approval issued under this policy before commencing the work.
6. The proponent shall maintain adequate liaison and consultation with the person or authority
responsible for the operation and maintenance of the waterworks during the implementation
and operation of the approved work.
7. The Minister of Municipal Affairs and Environment may require the inspection of the
approved development from time to time by his/her officials to ensure that the development
is carried out in an environmentally acceptable manner and the proponent is complying with
the terms and conditions of the approval.
8. The Minister of Municipal Affairs and Environment may require a proponent to monitor water
quality according to a monitoring program approved by the Minister in order to evaluate the
impact of the approved development on public water supply.
6. Buffer Zones
The proponents shall provide the following widths of buffer zones along and around water bodies
from the highwater mark in a designated area:
Water Body
Width of Buffer Zones
Intake pond or lake
a minimum of 150 metres
River intake
a minimum of 150 metres for a distance of one kilometre
upstream and 100 metres downstream
Main river channel
a minimum of 75 metres
Major tributaries, lakes or ponds
a minimum of 50 metres
Other water bodies
a minimum of 30 metres
No development activity shall be permitted in buffer zones except those that are intended to
promote vegetation.
7.
Forestry
Approvals for woodcutting or other forestry related activities within this zone must be obtained
from the provincial Department of Fisheries and Land Resources - Forest Management Unit.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
143
SECTION 9.23 HIGHWAY (HWY} ZONE
9.23.1 Permitted Uses
The following Uses shall, subject to the requirements of these Regulations (including Section 6),
be permitted:
a. Conservation
9.23.2 Discretionary Uses (subject to Section 3.30)
The following Uses may be permitted at the discretion of the Town provided that they are
complementary to uses within the permitted use classes or that their development will not inhibit
or prejudice the existence or the development of such uses; and subject to the requirements of
these Regulations:
a. Public Infrastructure; Public Services; and Public Utilities
b. Recreational Open Space
9.23.3 Zone Requirements/Standards
9.23.4 General Development Standards
1. Within the Town boundary (between the Grand Bay Causeway and the municipal boundary)
any development within 100 metres of either side of Trans Canada Highway Route 1 within
the Town requires the approval of Service NL. Outside the Town boundary, but within the
Municipal Planning Area, approval of Service NL is required for any development within 150
metres of either side of the Trans Canada Highway Route 1.
·
2. Signage within these Protected Road corridors is subject to the Highway Sign Regulations
under the Urban and Rural Planning Act and requires the approval of Service NL.
3. All development shall be approved by the Department of Transportation and Works and
Service NL before a permit it issued by the Town.
TOWN OF CHANNEL-PORT A UX BASQUES DEVELOPMENT REGULATIONS 2019-2029
Boundridge Planning and Development Services Inc.
TOWN OF CHANNEL-PORT AUX BASQUES DEVELOPMENT REGULATIONS
2019-2029
Appendix B:
Appendix C
(1):
(2)
APPENDICES
Provincial Development Regulations
Provincial Policy Directives Concerning Waterways And Wetlands
Provincial Environmental Guidelines for Construction and Maintenance
of Wharves, Breakwaters, Slipways, and Boathouses
Appendix B:
Provincial Development Regulations
NEWFOUNDLAND AND LABRADOR REGULATION 3/01
Development Regulations under the Urban and Rural Planning Act, 2000
(Filed January 2, 2001 )
Under the authority of section 36 of the Urban and Rural Planning Act , 2000, I make the
following regulations.
Dated at St. John's, January 2, 2001 .
Joan Marie Aylward Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
1. Short title
These regulations may be cited as the Development Regulations.
2. Definitions
In these regulations,
(a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000;
(b) "applicant" means a person who has applied to an authority for an approval or permit
to carry out a development;
(c) "authority" means a council, authorized administrator or regional authority; and
(d) "development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
3. Application
(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.
4. Interpretation
(1)
In development regulations and other regulations made with respect to a planning area
the following terms shall have the meanings indicated in this section
(a) "access" means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the
street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling, located on the same
lot
as the main building to which it is an accessory and which has a use that is
customarily incidental or complementary to the main use of the building or land,
{ii) for residential uses, domestic garages, carports, ramps, sheds, swimming
pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars,
shelters for
domestic pets or radio and television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
(c) "accessory use" means a use that is subsidiary to a permitted or discretionary use and
that is customarily expected to occur with the permitted or discretionary use;
(d) "building height" means the vertical distance, measured in metres from the established
grade to the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(iii) (iii) mean height level between the eave and the ridge of a gable, hip or gambrel
roof,
(iv) and in any case, a building height shall not include mechanical structure,
smokestacks,
steeples and purely ornamental structures above a roof;
(e) "building line" means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that a building may be placed;
(f) "discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations;
(g) "established grade" means,
(i) where used in reference to a building, the average elevation of the finished
surface of the ground where it meets the exterior or the front of that building
exclusive of any artificial embankment or entrenchment, or
(ii) where used in reference to a structure that is not a building, the average
(iii) elevation of the finished grade of the ground immediately surrounding the
structure, exclusive of any artificial embankment or entrenchment;
(h) "floor area" means the total area of all floors in a building measured to the outside face
of exterior walls;
(i) (i) "frontage" means the horizontal distance between side lot lines measured at the
building line;
U) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building;
(k) "lot area" means the total horizontal area within the lines of the lot;
(I) "lot coverage" means the combined area of all building on a lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total
area of the lot;
(m) "non-conforming use" means a legally existing use that is not .listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the legal right
to use the land under consideration;
(o) "permitted use" means a use that is listed within the permitted use classes set out in the
use zone tables of an authority's development regulations;
(p) "prohibited use" means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority specifies as not permitted
within a use zone;
(q) "sign" means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly
as
a memorial, advertisements of local government, utilities and boarding or similar
structures used for the display of advertisements;
(r) "rear yard depth" means the distance between the rear lot line and the rear wall of the
main building on a lot;
(s) "side yard depth" means the distance between the side lot line and the nearest side wall
of a building on the lot;
(t) "street" means a street, road, highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency
vehicles;
(u) "street line" means the edge of a street reservation as defined by the authority having
jurisdiction;
(v) "use" means a building or activity situated on a lot or a development permitted on a lot;
(w) "use zone" or "zone" means an area of land including buildings and water designated on
the zoning map to which the uses, standards and conditions of a particular use zone
table
apply;
(x) "variance" means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use
Zone Table of the authority's regulations; and
(y) "zoning map" means the map or maps attached to and forming a part of the authority's
regulations.
(2) An authority may, in its discretion, determine the uses that may or may not be developed in
a use zone and those uses shall be listed in the authority's regulations as discretionary,
permitted or prohibited uses for that area.
5. Notice of right to appeal
Where an authority makes a decision that may be appealed under section 42 of the Act, that
authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
6. Appeal requirements
(1) The secretary of the board at the Department of Municipal and Provincial Affairs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., AlB 4J6 is
the secretary to all boards in the province and an appeal filed with that secretary
within the time period referred to in subsection 42(4) of the Act shall be considered to
have been filed with the appropriate board.
(2) Notwithstanding subsection (1), where the City of Corner Brook, City of Mount Pearl or
City of St. John's 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) (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.
7. Appeal registration
(1) Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 6(1) and (2), shall immediately
register the appeal.
(2) Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the
appeal and the
documentation related to the appeal.
(3) Where an authority has been notified of an appeal that authority shall forward to the
appropriate board a copy of the application being appealed, all correspondence,
council minutes, plans and
other relevant information relating to the appeal including
the names and addresses of the applicant and other interested persons of whom the
authority has knowledge.
(4) Upon receipt of the information under subsection (3), the secretary of the board shall
publish in a newspaper circulated in the area of the appropriate authority, a notice
that the appeal has been
registered.
(5) A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
8. Development prohibited
(1) Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal
ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, an authority shall not carry out work related to the
matter being appealed.
9. Hearing notice and meetings
(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.
10. Hearing of evidence
(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) (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.
11. Board decision
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.
12. Variances
(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.
(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.
13. Notice of variance
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.
14. Residential non conformity
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.
15. Notice and hearings on change of use
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.
16. Non-conformance with standards
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.
17. Discontinuance of non-conforming use
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.
18. Delegation of powers
An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
19. Commencement
These regulations shall be considered to have come into force on January 1, 2001 .
APPENDIX C (1)
Provincial Policy Directives Concerning Waterways And
Wetlands
Policy Directive W.R. 95-01
Policy for Land and Water Related Developments in Protected Public Water Supply Areas
Subject:
Policy guidelines for land and water related developments in protected public water supply areas.
1.0 OBJECTIVES
The policy will establish a mechanism for issuing a certificate of environmental approval under Section
39 of the Water Resources Act, SNL 2002 cW-4.01 for all development activities in a designated water
supply area. The implementation of the policy guidelines will ensure sustainable development of natural
resources without adversely affecting water quality.
2.0 LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, Section 39
3.0 POLICY
The existing and proposed development activities in protected water supply areas will be subject to the
following policy guidelines established under Section 39 of the Act.
4.0 DEFINITIONS
"Act" means the Water Resources Act, SNL 2002 cW-4.01.
"Development" means the carrying out of an activity or operation on, over, or under land or water for
social or economic benefits, or the making of any change in the use of the intensity of use of any land,
water, building or premises.
All other definitions appearing in the Act shall equally apply to this policy when employed herein.
5.0 APPLICATION OF THE POLICY
5.1 This policy shall apply to public water supply areas designated under Section 39 of the Act.
5.2 Existing resource development and other activities will be allowed to continue unless it is
established that these are impairing water quality or have potential to impair water quality.
5.3 If it is established that a particular activity is a source of pollution, then appropriate measures as
outlined in Sections 11, 12 and 13 of this policy directive will apply.
5.4 The Minister may require proponents of existing activities, which have potential to impair water
quality, to obtain his/her approval.
5.5 No development shall be carried out in a designated area except in accordance with this policy.
5.6 No person shall carry out any development in a designated area without obtaining prior approval in
writing from the Minister.
6.0 ACTIVITIES NOT PERMITTED IN A DESIGNATED AREA
6.1 Placing, depositing or discharging or permitting the placing, depositing or discharging into a body of
water any sewage, refuse, chemicals , municipal and industrial wastes or any other material which
impairs or has potential to impair water quality.
6.2 Using an intake pond, lake or specified buffer zones for any activity detrimental to water quality and
not permitted in the Act.
6.3 Using ice covered water body for transporting logs, riding skidoos/motor vehicles/all-terrain
vehicles, leading of animals, or any other activity which impairs or has potential to impair water quality.
6.4 Using or operating existing facilities in such a manner which impairs or has potential to impair water
quality.
6.5 Residential development (a sub-division of four or more lots), vehicle maintenance facilities,
warehouses, service stations, industries, and chemicals and salt storage depots.
6.6 Storage and disposal of pesticides and manure, application of manure and chemicals in specified
buffer zones, extensive land clearing, and peat land drainage without adequate treatment.
6. 7 Clear cutting of forest in sensitive areas, establishment of camps and camp facilities, storage of
chemicals, application of pesticides, drainage of peat land for afforestation, and application of toxic fire
retardants.
6.8 Resorts, hotels/motels, and golf courses.
6.9 Activities, operations or facilities associated with aggregate extraction and mineral exploration such
as work camps, vehicle parking and maintenance facilities, washing of aggregates, asphalt plants,
discharge or deposit of waste material into a body of water, and significant disturbance to land for
mineral exploration purposes.
6.10 Application of herbicides in the right-of-way, and use of chemically treated utility poles and other
related structures.
6.11 Aquaculture development and associated activities having potential to impair water quality.
6.12 Processing and manufacturing plants having potential to impair water quality.
6.13 Cemetery, waste disposal facilities, and any other storage or disposal facilities that the Minister
considers environmentally unacceptable.
7.0 ACTIVITIES REGULATED IN A DESIGNATED AREA
\n a designated area, no person shall undertake any of the following activities without obtaining prior
written approval from the Minister:
7 .1 Expansion and upgrading of the existing activities, operations or facilities.
7.2 Construction of residential, commercial, industrial and institutional facilities or any other related
activity including land clearing or drainage, construction of access roads, servicing of lands for
subsequent use, or extension and upgrading of existing buildings or facilities.
7.3 Development of farm lands for crop production, forage production, vegetable production, and
blueberry and other fruit production.
7.4 Forest logging, resource road construction and use, stream crossing for controlled access,
preparation of skid trails and landing areas, silvicultural activities, tree farming, and other
environmentally acceptable forestry operations.
7.5 Recreational activities or facilities including cottage development, fishing, swimming, boating, hiking,
camp grounds, or canoe routes, vacation or other camps, or recreational facilities.
7.6 Mineral exploration related activities and aggregate extraction, or any other construction activity
incidental to mining and quarrying including access roads, stream crossings, land drainage with
adequate treatment, land clearing and excavation.
7 .7 Installation of storm or sanitary sewer pipelines, pipelines for transmission of water for hydroelectric
generation, agriculture uses, or any other purposes.
7.8 Construction of roads, bridges, culverts, and other stream crossings, and installation of power and
telecommunication transmission lines.
7.9 Modification to intake structures, pumphouse, reservoir, etc. will require approval under Section 37
of Act.
7 .10 Any other development or activity which, in the opinion of the Minister, has caused impairment or
has potential to impair water quality.
8.0 APPROVAL PROCESS
8.1 The proponent shall submit a detailed development plan along with maps, drawings and
specifications and other information as required by the Minister for approval.
8.2 The Minister may, on the recommendation of his/her officials, issue a certificate of approval for the
proposed development on such terms and conditions as the Minister considers necessary to protect
water quality.
8.3 The proponent shall obtain separate approvals from the Minister under Section 48 of the Act, for all
permanent or temporary stream crossings or for alteration to bodies of water that may be necessary to
carry out the approved development.
8.4 The proponent shall also obtain licences, permits or approvals under other acts and regulations as
required prior to commencing the approved work.
8.5 The proponent of the approved development shall notify the municipal authority or the person
responsible for the operation and maintenance of the waterworks by providing a copy of the approval
issued under this policy before commencing the work.
8.6 The proponent shall maintain adequate liaison and consultation with the person or authority
responsible for the operation and maintenance of the waterworks during the implementation and
operation of the approved work.
8. 7 The Minister may require the inspection of the approved development from time to time by his/her
officials to ensure that the development is carried out in an environmentally acceptable manner and the
proponent is complying with the terms and conditions of the approval.
8.8 The Minister may require a proponent to monitor water quality according to a monitoring program
approved by the Minister in order to evaluate the impact of the approved development on public water
supply.
8.9 The Minister encourages the departments and agencies responsible for resource management and
affected by this policy to develop environmental protection guidelines for resource utilization in
protected water supply areas, for compliance by proponents or developers.
9.0 BUFFER ZONES
9.1 The proponents shall provide the following widths of buffer zones along and around water bodies
from the high water mark in a designated area:
Water Body
Intake pond or lake
River intake
Main river channel
Major tributaries,
lakes or ponds
Other water bodies
Width of Buffer Zones
a minimum of 150 metres
a minimum of 150 metres for a distance of one (1) km
upstream and 100 m downstream
a minimum of 75 metres
a minimum of 50 metres
a minimum of 30 metres
9.2 No development activity shall be permitted in buffer zones except those which are intended to
promote vegetation.
10.0 RESPONSIBILITIES OF MUNICIPAL AUTHORITY
The municipal authority or person responsible for the operation and maintenance of a waterworks shall:
10.1 Ensure that no development activities are undertaken in a designated area without approval from
the Minister.
10.2 Ensure that approved development activities are undertaken in strict compliance with the terms
and conditions of the approval.
10.3 Where an approval or this policy is violated, serve a stopping order on the violator after obtaining
prior approval from the Minister for stopping any work or operation either permanently or temporarily
which is not carried out according to t he terms and conditions of the approval and has impaired or has
potential to impair water quality.
10.4 Request the Minister for the appointment of a Watershed Monitoring Committee and the
development of a watershed management plan, if the designated area is under increasing pressure for
multiple development activities.
11.0 CORRECTION OF HARMFUL CONDITIONS
If the quality of water has been impaired by any activity, practice, or action taken deliberately,
negligently or accidentally, the Minister may order the proponent
i.
to provide alternate water supply for the affected community for as long as is necessary to
restore the existing water supply system;
ii.
to restore the water quality to its original condition; or
iii.
to take necessary measures including the removal of facilities, undertakings, cabins, etc. and to
rehabilitate the affected area at his/her expense in order to rectify the water pollution related
problems.
12.0 CERTAIN POWERS OF THE MINISTER
(A) Cancellation of Approval
The Minister may revoke an approval:
12.1 For failure of the proponent of any development or activity to comply with the terms and
conditions stipulated in the approval.
12.2 Where the approval was issued in error on the basis of incorrect or incomplete information.
12.3 Where the approved activities or operations are causing or have potential to cause impairment of
water quality for reasons not anticipated at the time the approval was issued.
(B} Changing Boundaries
The Minister may change the boundaries of a designated area either to enlarge or reduce its size.
13.0 OFFENCE
A person who undertakes any development or activity in a designated area without prior written
approval from the Minister is guilty of an offence under the Act.
Policy Directive W.R. 96-01
Policy for Flood Plain Management
1.0 INTRODUCTION
Land use within flood plains involves trade-offs between flood risk and development. Flood risk takes
the form of danger to health and safety, financial costs associated with property damage and
degradation of water resources and the environment. Some factors associated with flood risk such as
flow velocity, upstream inundation, erosion potential or environmental impacts may be severe.
Consequently, new land development should therefore be restricted or prohibited. However, where
conditions are not as severe, some types of development and land use may occur safely provided certain
terms and conditions apply.
2.0 OBJECTIVES
-
to prevent loss of human life and avoid personal hardships,
-
to minimize flood damage to properties, infrastructure and the environment,
-
to restrict activities which would degrade water resources,
-
to maintain the natural capability of waterways to convey flood flows,
-
to minimize disruption of transportation, social and business activity, and,
-
to minimize costs to the taxpayers of Newfoundland and Labrador.
The unwise development of land in flood plains has historically taken place in many areas of the
province probably due to a natural tendency for settlers to utilize land that is near bodies of water.
Unfortunately, the potential for flooding is often recognized only after it is too late. The basic operating
premise of this policy is that these problems will not materialize if development takes place in a manner
that does not place it at any risk of flooding.
The policy will address Crown land, developed land and undeveloped land. Where lands that are subject
to periodic flooding are still directly owned by the Crown, those lands will not be transferred to private
developers or municipalities. However, where land is already alienated, it is necessary to determine the
risk of flooding and to discourage potential development by planning, zoning regulations and by
removing any economic advantages or subsidies that would otherwise encourage such development.
Finally, where development has already taken place or cannot be avoided, policy is intended to minimize
potential flood damage by ensuring that flood proofing measures are implemented and that the
development does not further exacerbate the flooding problem by impeding flows or by unduly
constricting the flow channel. The policy also takes climate change into consideration.
3.0 BACKGROUND
Canada - Newfoundland Flood Damage Reduction Program
Under the Canada - Newfoundland Flood Damage Reduction Program, both governments agreed that
public funds would not be used or provided for development projects in flood risk areas. To identify
these areas, hydrotechnical studies were carried out for 37 communities in the province. Without
exception, the main recommendation in each study was that the implementation of proper flood plain
management policies would minimize flood risk.
4.0 LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act"} sections 30, 32, 33, 34, 35, 48, 64 and 90, the Lands
Act SNL1991 CHAPTER 36 Section 7.
5.0 DEFINITIONS
(Statutory definition from the Act) "body of water" means a surface or subterranean source of
fresh or salt water within the jurisdiction of the province, whether that source usually contains
B d
f W t
liquid or frozen water or not, and includes water above the bed of the sea that is within the
o y o
a er · · d" ·
f h
·
·
b
k
k
I k
d
.
I
Juris 1ct1on o t e province, a river, stream, roo , cree , watercourse, a e, pon , spring, agoon,
Flood Plain
Designated
Area
Floodway
Floodway
Fringe
ravine, gully, canal, wetland and other flowing or standing water and the land usually or at any
time occupied by that body of water;
An area adjacent to a lake, river, seashore etc. which is inundated or covered with water on
average at least once in 100 years. Note that a flood plain is considered to be an integral part of a
body of water as defined above because it includes "the land usually or at a time occupied by that
body of water" and "whether that source usually contains water or not".
A specific flood plain in a community for which a hydrotechnical study has determined the extent
of flooding and for which flood risk maps are available. The designation is in accordance with the
Canada - Newfoundland Flood Damage Reduction Program Agreements.
The portion of a flood plain where the most frequent flooding occurs and where the flow of water
is fastest. This area is determined on the basis of the 1 in 20 year (1:20) return period flood.
The portion of a flood plain where less frequent flooding occurs and where the flow of water is
considered to be tranquil. This area is where flooding occurs up to 1 in 100 years (1:100) on
average.
Climate
Based on extension of the floodway fringe, this is the area which is likely to be impacted due to
Change Flood the latest forecasted affects of climate change.
Zone
Other Flood
Risk Area
Flood Control
Area
Buffer Zone
Coastal Area
An area where flooding is known or has some probability to occur due to unique or unusual
circumstances such as areas subject to shoreline recession, areas downstream of dams or areas
adjacent to watercourses potentially prone to ice jams.
An area that is subject to periodic flooding which has been designated (by the Department} a
control area in order to reduce the risks to public health and safety and property damages. This
area shall normally be treated as a floodway zone (1:20), unless otherwise determined by the
Department.
A zone of land that is in its natural state and that is intended to separate developed areas from
bodies of water to provide basic protection of water resources. This zone may coincide with a
Crown land reservation of a shoreline as prescribed by Section 7(1) of the Lands Act. In the
absence of specific setback requirements (depending on the activity) the buffer is taken to be 15
metres measured from the high water mark which in turn is understood to be the 1 in 100 year
(1:100) high water mark or the Climate Change Flood Zone, where they have been identified.
The interface or transition area where the land meets the sea/ocean or large inland lakes. The
coastal area can be flooded due to storm surges, high tidesor waves, erosion, rising sea level.or
reclaimed land.
6.0 POLICIES
6.01 Development Requires Written Approval
Development in a designated flood risk area, development in a flood plain and development in a climate
change flood zone shall be subject to the prior written approval of the Minister of Environment and
Conservation (the "Minister") in accordance with the Act.
6.02 Project Categories
In general, it is the policy of the Department of Municipal Affairs and Environment ("the Department")
that flood plains and the buffer zone be preserved and left in their natural state. Recognizing that this is
an ideal that would hinder significant benefits that could be derived from certain development in a flood
plain and outweigh all risk of loss, damage or peril, this policy for flood plain management views any
application to avail of land in flood risk areas in decreasing order of preference. These preferences are
referred to hereafter as project categories.
1. Temporary alterations in a buffer zone, a climate change flood zone, a designated floodway
fringe, a flood plain, a designated floodway, and lastly, the body of water itself.
2.
Non-structural uses such as open space recreation, pasture, and wildlife habitat enhancement.
3. Structures related to use of water resources such as wharves, slipways, boathouses, pumping
stations, storm or sewerage discharges.
4.
Minor structural or other projects where only soil disturbance is involved such as constructed
trails, pipelines, transmissions lines, roads, etc., assuming there will be no change in the grade of
the land.
5. Other structures not used primarily for residential, commercial, industrial or institutional
purposes where there will be a change in grade but not a building.
6.
Industrial uses related to the marine shipping or fishing industries.
7.
Other industrial and commercial development.
8. Institutional developments such as hospitals, senior citizens homes, homes for special care or
schools where flooding could pose a significant threat should evacuation become necessary.
9. Residential and other institutional development.
6.03 Hydraulic Structures
A special class of structures which includes most hydraulic structures such as dams, bridges, causeways,
dykes, canals etc., are by their own needs and characteristics constructed in buffer zones and flood
plains and consequently, no preference can be assigned. However, such structures are the subject of the
Act and every effort must be made to ensure that such structures do not adversely affect the capability
of the body of water to convey flow. In the case of dams, new areas of flooding and the impact of that
flooding must be fully assessed by the proponent.
6.04 Project Classifications
Table 1 below indicates whether not project categories are permitted in each of the defined flood plains.
Category
All Flood Plains
Temporary
Permitted
alterations
Non-
structural
Permitted
uses
Structures
related to
Permitted
use of water
resources
Minor
structural or
Permitted
other
projects
Other
structures
Permitted
not used
primarily for
with conditions-
residential
Industrial
Uses related
Permitted
to shipping
with conditions-
(marine only)
Other
industrial
Not Permitted
and
commercial
Institutional
Not Permitted
Residential
and other
Not Permitted
institutiona I
Hydraulic
Permitted
Structures
Floodway
(1:20 year Zone)
Permitted
Permitted
Permitted
Permitted
with conditions-
Permitted
with conditions-
Permitted
with conditions-
Permitted
with conditions--
Not Permitted
Not Permitted
Permitted
Where Flood Plains are Designated
Floodway Fringe
(1:100 year Zone)
Permitted
Permitted
Permitted
Permitted
with conditions-
Permitted
with conditions-
Permitted
with conditions-
Permitted
with conditions-
Not Permitted
Permitted
with conditions-
Permitted
Climate Change
Flood Zone
Permitted
Permitted
Permitted
Permitted
with conditions-
Permitted
with conditions-
Permitted
with conditions-
Permitted
with conditions-
Not Permitted
Permitted
with conditions-
Permitted
- - See Section 6.05 for special terms and conditions related to necessary flood proofing measures .
-- - See Section 6.06 for special terms and conditions related to necessary flood proofing measures.
Note: All permits contain standard terms and conditions.
6.05 Projects Permitted Where Flood Plains Are Designated
In Table 1 where projects may be permitted with conditions, the following conditions will apply:
i.
the ground floor elevation of the structure is higher than the 1:100 year flood level and the
climate change flood zone (where designated), and,
ii.
the structure will not interfere with the flow of water or displace water such that it creates a
worse flooding situation for other properties, and,
iii.
the structure and the associated utilities must be designed and constructed in accordance with
the approved flood proofing guidelines of the Department and entrances and exits from the
building can be safely used without hindrance in the event of a flood, and,
iv.
the proposed use of the facility and site will not involve any storage of pollutants such as fuels,
chemicals, pesticides etc., and,
v.
additional conditions which may be appropriate for specific projects and included in a permit
issued under Section 48 of the Act.
6.06 Projects Permitted in Coastal Floodway Where Flood Plains Are Designated
In order to accommodate tourism activities in coastal areas, such as eateries, attractions, tourist
information booths, tour headquarters etc., in Table 1 if the floodway (1:20 year zone) flooding in a
coastal community is primarily due to backwater effects of the ocean and extreme high tides and
consequently the flow velocities in the floodway are tow, the following conditions will apply:
i.
only a tourism related structure and the associated utilities are permitted. The tourism related
structures and the associated utilities does not include accommodations such as motels or
hotels, and,
ii.
the tourism related structure and the associated utilities would not be eligible for flood disaster
compensation, and,
iii.
the ground floor elevation of the structure is higher than the 1:100 year flood level and the
climate change flood zone (where designated), and,
iv.
the structure will not interfere with the flow of water or displace water such that it creates a
worse flooding situation for other properties, and,
v.
the structure and the associated utilities must be designed and constructed in accordance with
the approved flood proofing guidelines of the Department and entrances and exits from the
building can be safely used without hindrance in the event of a flood, and,
vi.
the proposed use of the facility and site will not involve any storage of pollutants such as fuels,
chemicals, pesticides etc., and,
vii.
additional conditions which may be appropriate for specific projects and included in a permit
issued under Section 48 of the Act.
6.07 Additions and Modifications to Existing Development
Additions, modifications, enhancements and improvements to existing structures where there is an
increase in the floor area within the flood plain, will be assessed for suitability in the same way as the
project category as a whole.
6.08 Use of Flood Risk Mapping in Municipal Plans
Where flood risk mapping has been prepared for a community (or any city, town or area) the
information in the flood risk maps must be incorporated in the Municipal Plan (if one exists) and the
flood risk areas must be zoned so as to permit only those project categories specified by this policy. In
the absence of official flood risk mapping, communities will be encouraged to determine flood risk areas
in accordance with this Department's standard hydrotechnical methods for delineating flood risk zones
and to zone those lands in accordance with this policy. Failing this, communities will be encouraged to at
least make provisions in planning documents for minimum setbacks from watercourses to provide some
margin of safety and to recognize potential flood susceptibility.
6.09 Eligibility for Flood Disaster Assistance
Any vulnerable development placed in a flood plain or designated flood risk area after the designation
and not in conformance with this policy or without approval as required by this policy, would not be
eligible for flood disaster compensation if such a program of compensation were to become available
through government. This policy provision does not apply to any development lawfully established in a
flood plain prior to designation.
6.10 Use of Flood Disaster Compensation
In the event that compensation by government is awarded to flood victims, it will be the policy of this
Department to encourage victims to apply the compensation towards relocating rather than replacing or
repairing damaged property in situ. If it is deemed acceptable by this Department to repair or replace
damaged property in flood risk areas, then it will be required that the compensation be used firstly for
appropriate flood proofing measures.
6.11 Flood Insurance
Persons living or carrying out business in flood risk areas may not be able to purchase flood insurance
and if available it may be very expensive. It is therefore recommended that those who are located in
flood risk areas carry out flood proofing measures and have an emergency plan available.
6.12 Flood Control Projects
Proposals for flood control measures such as construction of dykes, river diversions, retaining walls or
flood control dams will only be considered where the alternative with the highest benefit/cost ratio is
recommended. Alternatives considered may also include possible compensation for flood victims or the
cost of relocating the inhabitants of the flood risk areas or maintaining the status quo.
After flood controls have been implemented, flood risk designations shall remain in effect until such
time as new hydrotechnical studies have been undertaken and new flood risk areas delineated (in
accordance with the Departments standards).
6.13 Role of Water Resources Management Division
The Water Resources Management Division of this Department will continue as the lead agency with
respect to flood plain management. This role will include but is not limited to:
i.
Evaluating all applications for approval under section 48 of the Act and making the appropriate
recommendations in accordance with this policy.
ii.
Carrying out hydrotechnical studies, flood risk analyses and mapping to the extent possible with
limited funds provided.
iii.
Continuing to monitor areas of flood risk such as Badger, Deer Lake and Steady Brook to provide
flood warning and flood status reports.
iv.
Providing to the public information, data, maps, guidelines for flood proofing and other
materials that will be useful in reducing flood damage.
v.
Providing technical expertise and assisting Fire and Emergency Services - Newfoundland and
Labrador in the event of a flood emergency.
vi.
Continue with the ability to forecast flooding using computer models and real time data.
6.14 Offences
A municipal authority or person that unlawfully alters a body of water by carrying out any development
in a designated flood risk area or a flood plain without written approval from the Minister, thereby
violates section 48 of the Act and commits an offence contrary to section 90 of the Act.
Policy Directive W.R. 97-1
Policy for Development in Shore Water Zones
1.0 INTRODUCTION
The shore water zone is the interface between land and water, and includes the land along the edge of
an ocean, or a fresh water body. The shore water zone owes its unique ecological attributes to the area
encompassing both the land draining into the water body and the water body itself. Unplanned and
imprudent development on shore water zones, including infilling and waste disposal, may have
detrimental effects on water quality, water quantity, and on terrestrial and aquatic life and habitat.
Human impacts on salt water shore zones, caused by, for example, untreated sewage disposal, surface
runoff from urban and industrial sites, etc., has led to closures of bays to aquaculture and shellfish
harvesting. The economic impacts of environmental damage of fresh water shore zones include loss of
recreational opportunities, depreciation of land values, etc. Shore water zones are also areas that are
subject to flooding, with possible adverse impacts on life and property along the zones.
2.0 OBJECTIVES
This policy will establish the criteria for issuing a permit under Section 48 of the Water Resources Act,
SNL 2002 cW-4.01, for all development activities in and affecting shore water zones. The objective of the
policy is to permit developments of shore water zones such that potential economic losses and impacts
on water quantity, water quality, and terrestrial and aquatic habitats and life are minimized.
3.0 LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act") sections 30, 48 and 64
4.0 DEFINITIONS
Body of Water
(Statutory definition from the Act) "body of water" means a surface or subterranean source of
fresh or salt water within the jurisdiction of the province, whether that source usually contains
liquid or frozen water or not, and includes water above the bed of the sea that is within the
jurisdiction of the province, a river, stream, brook, creek, watercourse, lake, pond, spring,
lagoon, ravine, gully, canal, wetland and other flowing or standing water and the land occupied
by that body of water
Shore Water Zone
"Shore Water Zone" means the land that is intermittently occupied by water as a result of the
naturally fluctuating surface water level in a body of water which can be either a fresh or salt
water body and, in either case, the low water mark and high water mark of the water body
defining the edges of the shore water zone.
Development
"Development" means the carrying out of an activity or operation which includes construction
of wharves, moorings, jetties, other docking facilities, marinas, boathouses, etc., mechanical
disturbance of the land, infilling, drainage, dredging, channelization, erosion control works, and
removal of vegetation on shore water zones for social or economic benefits, or any change in
the use or the intensity of use of any shore water zone.
5.0 POLICIES
5.1 High Water Level of a Water Body
The high water level of a water body is taken to be the 1:100 year return period water level. For a fresh
water body, this level includes water levels caused strictly by storm runoff or hydraulic effects of ice or
both. In marine situations, the level must include maximum waves, wind setup, storm surge, and
ultimate mean sea levels under current global climatic forecasts for a 1:100 year design.
5.2 Developments Not Permitted
5.2.1 Infilling, drainage, dredging, channelization, or removal of surface or underwater vegetation on or
along shore water zones which could aggravate flooding problems will not be permitted.
5.2.2 Infilling, drainage, dredging, channelization, or removal of surface or underwater vegetation on or
along shore water zones which have unmitigable adverse water quality impacts on the shore water
zones will not be permitted.
5.2.3 Infilling, drainage, dredging, channelization, or removal of surface or underwater vegetation on or
along shore water zones which have significant impacts on water circulation patterns within the shore
water zones or on sediment deposition or accretion or removal rates along the shore water zones will
not be permitted.
5.2.4 Placing, depositing or discharging into shore water zones of any raw sewage, refuse, municipal and
industrial wastes, fuel or fuel containers, pesticides, herbicides or other chemicals or their containers, or
any other material which impairs or has the potential to impair the water quality of the shore water
zones will not be permitted.
5.2.5 Construction of extensive paved surfaces along a shore water zone which changes the intrinsic
character of the shore water zone will not be permitted.
5.3 Developments Requiring Written Permission
The following developments on or along shore water zones will be permitted subject to the prior written
permission of the Minister of Environment and Climate Change (the "Minister") in accordance with the
Act:
5.3.1 Limited removal of surface vegetation cover for the construction of marinas, boathouses, jetties,
wharves, moorings, and other docking facilities.
5.3.2 Construction of marinas, boathouses, jetties, wharves, moorings and other docking facilities which
would require only minor disturbances to water circulation patterns within the shore water zone and
which have limited impacts on sediment deposition or accretion rates along the shore water zone.
5.3.3 Extension and upgrading of existing buildings, structures and facilities within shore water zone
areas.
5.3.4 Development related to recreational activities including the setting up of camp grounds,
permanent and semi-permanent facilities, etc., along shore water zones.
5.4 Implementation of Mitigative Measures
All developments which are permitted within shore water zones and which could result in potentially
adverse changes to water quantity or water quality of the shore water zone will require the
implementation of mitigative measures to be specified in the terms and conditions for the
environmental approval.
5.5 Restoration Measures
The terms and conditions of the environmental approval will specify the restoration measures to be
implemented upon cessation of activities or abandonment of facilities on shore water zones.
Policy Directive W.R. 97-2
Policy for Development in Wetlands
1.0 INTRODUCTION
Wetlands, which include bogs, fens, marsh, swamps, and shallow water, collect and store runoff,
moderate and attenuate downstream flood flows, reduce downstream flooding and erosion, clean and
purify water, recharge groundwater zones, and provide unique habitat for plants and animals. The
wetlands of Newfoundland and Labrador are increasingly being altered from their natural state to
support alternative land uses such as agriculture, urbanization, industrial development, and recreation.
Unplanned and imprudent development of wetlands, including drainage, infilling, and channelization,
have detrimental effects on the wetlands' and downstream water quality and water quantity, and on
terrestrial and aquatic habitat, life, flora and fauna. The potential consequences of impacts on water
resources include structural damage to bridges and culverts from increased flood flows; river bed
erosion causing siltation; and detrimental impacts on fish resources, drinking water quality and
recreational uses of water bodies.
The problem facing wetland management is that the ecological and socio-economic benefits of these
ecosystems are usually not directly measurable and in many instances are not recognized until it is too
late. The extensive nature of wetlands, peatlands in particular, in this province means that there is room
for more developments to occur to meet social and economic needs, as long as hydrologic and
environmental impacts are minimized.
2.0 OBJECTIVES
This policy will establish the criteria for issuing a permit under Section 48 of the Water Resources Act,
SNL 2002 cW-4.011, for all development activities in and affecting wetlands. The objective of the policy
is to permit developments in wetlands which do not adversely affect the water quantity, water quality,
hydrologic characteristics or functions, and terrestrial and aquatic habitats of the wetlands.
3.0 LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act") sections 30, 48 and 64
4.0 DEFINITIONS
Body of Water
(Statutory definition from the Act) "body of water" means a surface or subterranean source of
fresh or salt water within the jurisdiction of the province, whether that source usually contains
liquid or frozen water or not, and includes water above the bed of the sea that is within the
jurisdiction of the province, a river, stream, brook, creek, watercourse, lake, pond, spring,
lagoon, ravine, gully, canal, wetland and other flowing or standing water and the land occupied
by that body of water
Wetland
(Statutory definition from the Act) "wetland" means land that has the water table at, near or
above the land surface and includes bogs, fens, marshes, swamps and other shallow open water
areas
Wetland development
"Wetland development" means the carrying out of an activity or operation which includes the
construction of ditches, mechanical disturbance of the ground, alteration of normal water level
fluctuations, infilling, drainage, dredging, channelization, and removal of vegetation cover
and/or organic matter on a wetland for social or economic benefits, or the making of any
change in the use or the intensity of use of any wetland which affects its hydrologic
characteristics or functions.
5.0 POLICIES
5.1 Developments Not Permitted
5.5.1 Infilling, drainage, dredging, channelization, removal of vegetation cover or removal of soil or
organic cover of wetlands which could aggravate flooding problems or have unmitigable adverse water
quality or water quantity or hydrologic impacts will not be permitted.
5.5.2 Developments of wetlands which are located within the recharge zones of domestic, municipal or
private groundwater wells will not be permitted.
5.5.3 Placing, depositing or discharging any raw sewage, refuse, municipal and industrial wastes, fuel or
fuel containers, pesticides, herbicides or other chemicals or their containers, or any other material
which impairs or has the potential to impair the water quality of wetlands will not be permitted.
5.2 Developments Requiring Written Permission
The following developments affecting wetlands will be permitted subject to the prior written permission
of the Minister of Environment and Climate Change (the "Minister") in accordance with the Act:
5.2.1 Removal of the surface vegetation cover of wetlands for extraction of peat, or for preparing the
area for agricultural or forestry activities.
5.2.2 Construction of ditches, tile fields and other types of flow conveyances to drain wetlands for
extraction of peat, or for preparing the area for agricultural or forestry operations.
5.2.3 Removal of the top soil or organic cover of wetlands for use as horticultural or fuel peat, or for
preparing the area for agricultural or forestry activities.
5.2.4 Infilling, dredging, or any other disturbance of wetlands for the construction of permanent or
temporary roads, bridges, culverts, trails, power and telecommunication transmission lines, pipelines,
etc., through wetlands which would necessitate only minor disturbances to the vegetation and organic
cover, the flow drainage pattern of the area and ground slope.
5.2.5 Infilling, dredging or other disturbance of wetlands for the construction of residential, commercial,
industrial and institutional facilities or extension and upgrading of existing buildings and facilities within
wetland areas.
5.2.6 Development related to recreational activities including the setting up of camp grounds,
permanent and semi-permanent facilities, etc., on wetland areas.
5.2. 7 Construction of flow control structures to alter the normal water level fluctuations of wetlands for
the purposes of enhancing the quality or quantity of fish and other wildlife habitat.
5.3 Implementation of Mitigative Measures
All uses and developments of wetlands resulting in potentially adverse changes to water quantity or
water quality or hydrologic characteristics or functions of the wetlands will require the implementation
of mitigative measures to be specified in the terms and conditions for the environmental approval.
5.4 Restoration Measures
The terms and conditions of the environmental approval will specify the restoration measures to be
implemented upon cessation of activities or abandonment of facilities on wetland areas.
Appendix C(2)
Provincial Environmental Guidelines for Construction and
Maintenance of Wharves,
Breakwaters, Slipways, and
Boathouses
Water Resources Management Division Water Rights, Investigations, and
Modelling Section
November 29, 2018
1
8.1 General
Wharves, breakwaters, slipways and boathouses are all marine structures used for various recreational
and commercial purposes. Wharves (docks and piers} are structures located on the shore and can be used
for swimming, fishing or for securing boats; breakwaters protect the shore line from wave action and
coastal erosion; slipways are ramps that aid in moving boats in and out of the water; and boathouses are
built along the shoreline to store boats or other related items.
When it comes to these structures, the main environmental consideration in their construction and design
is that they do not affect the water quality; cause loss to fish or other wildlife habitat; adversely affect the
environment or impede the passage of fish and ice; movement of water and waves; or cause erosion and
sedimentation of shorelines or banks.
These guidelines offer the reader an understanding of important environmental and construction
considerations when undertaking the altering of a body of water with a structure such as a wharf/dock,
breakwater, slipway or boathouse.
8.1.1 Regulations and Regulatory Bodies
Permits are required for any works in or adjacent to a body of water. As of January 1, 2011, a permit is no
longer required under the Act for the construction and maintenance of wharves, breakwaters, slipways
and boathouses as long as the work is completed in accordance with these guidelines and the work is
outside of a Protected Water Supply Area (PWSA). A permit will be required for any dredging work and
infilling of a body of water associated with the construction or installation of these structures.
The proponent may require approvals from other agencies prior to constructing a wharf, breakwater,
slipway or boathouse. Approvals may be required from the following:
The Municipality: For projects within municipal boundaries
Department of Environment and Conservation, Crown Lands Administration Division - Lands Act
& Water Resources Management Division: for work in Protected Water Supply Areas &
Environmental Assessment Division - Environmental Protection Act
Department of Fisheries & Oceans, Habitat Management Division: Fish Habitat (Fisheries Act),
Species at Risk Act
Canadian Coast Guard o Construction in Navigable Waters: (wharves, dredging etc.)
2
8.2 Guidelines
8.2.1 Wharf/Dock
There are various types of wharf or dock structures, such as:
- Floating
- Pipe/Pile
- Cribbed
- Concrete Piers; and,
- Cantilever or suspension
Of these structures, cantilevered docks, docks supported on posts, pipes or piles, and floating docks such
as seen in Figure 8.1 are least likely to have an adverse environmental effect. The pushing or placement
of materials into the water and placement of decking on top is not considered a wharf. Material used for
ballast should be cribbed and armor stone placed around cribbing, where required to prevent erosion.
8.2.2 Breakwater
Breakwaters are structures composed of various rock or concrete material placed in the water to protect
coastal erosion. They can be of various shapes and sizes but should be professionally engineered for
maximum efficiency, longevity and environmental consideration. The most common are rubble mound
breakwaters. Figure 8.2 shows a breakwater constructed from wood in order to prevent coastal erosion
as well as protect boats docked in a harbor from large waves.
8.2.3 Slipway/Boat Launch Construction
Slipway/Boat Launch Construction of a boat launch ramp / slipway should be done in a manner that
minimizes the amount of excavation required hence reducing the risk of sediment entering the
watercourse. A boat launch or slipway may be constructed with untreated wood, clean gravel/stone or
concrete and should be stabilized. All material used should be clean, good quality material, free of metals,
organics or other chemicals that may be harmful to receiving waters.
8.3 Maintenance and Removal
8.3.1 General Maintenance
General maintenance work should be carried out as required from time to time. Grouting or resurfacing
of structural components as well as the removal of debris which may become caught at piers or locations
upstream of marine structure will extend its useful life and minimize the risk of structural failure.
Periodic maintenance such as painting, resurfacing, clearing of debris, or minor repairs, must be carried
out without causing any physical disruption of any watercourse. Care must be taken to prevent spillage of
pollutants into the water.
The owners of structures are responsible for any environmental damage resulting from dislodgement
caused by the wind, wave, ice action, or structural failure.
3
8.3.2 Removal
These guidelines should be followed during the removal of these structures. As with their construction
and installation, care should be taken to prevent any adverse environmental effects on the surrounding
water body.
8.3.3 Site Restoration
Any areas adversely affected by this project must be restored to a state that resembles local natural
conditions. Further remedial measures to mitigate environmental impacts on water resources can and
will be specified, if considered necessary in the opinion of the Department.
The bed, banks and floodplains of watercourses, or other vulnerable areas affected by this project, must
be adequately protected from erosion by seeding, sodding or placing of rip-rap.
All waste materials resulting from this project must be disposed of at a site approved by the regional
Government Service Center of the Department of Government Services. The Department of Government
Services may require samples to be submitted for testing and analysis.
8.4 Preconstruction Preparation
All work must take place within the proponent's legal boundaries or with the approval of the land owner.
The constructed work must comply with all other terms and conditions provided in the Crown Lands grant,
lease or license for occupancy.
Suitable booms must be deployed around construction sites to contain any floating debris that might
otherwise be carried away. All booms must be properly maintained and remain in place until all work is
completed.
Sediment and erosion control measures must be installed before starting work. All control measures must
be inspected regularly and any necessary repairs made if damage is discovered.
8.4.1 Scheduling
Proper scheduling of work is an important consideration in the implementation stage of an undertaking
and is important from the standpoint of fish habitat protection and the environment. It can also be
economically advantageous as well.
The Department recommends that construction near a body of water take place:
- During low flow (easier to restore bank vegetation and sediments will carry slower and settle out
quicker); and
- At periods of low rainfall (reduces the chance of erosion and overland runoff).
4
These conditions generally would occur between June 1st and October 30th. The Department of Fisheries
and Oceans (DFO) should be contacted to determine any restrictions to the construction season with
regards to protection of fish and fish habitat.
8.5 Construction Practices/Procedures
All operations must be carried out in a manner that prevents damage to land, vegetation, and prevents
the pollution of bodies of water. The construction of marine structures has the potential to cause
environmental damage and create problems with respect to siltation, pollution, erosion and deposition.
Many of these problems occur during the construction phase of work and are often the result of poorly
executed construction procedures. These problems can be mitigated or prevented by following preferred
construction procedures and techniques. Detailed information on construction practices can be found in
Chapter 10, "General Construction Practices" (Located on the Department's website).
8.5.1 Equipment Operation
All vehicles and equipment working near a body of water must be clean and in good repair, free of mud
and oil or other harmful substances that could impair water quality.
The use of heavy equipment in streams or bodies of water is not permitted. Heavy equipment must be
kept outside the high-water mark of all drainage courses and bodies of water. The operation of all heavy
equipment must be confined to dry, stable areas to reduce production of mud and silt laden water.
Suitable measures must be taken to prevent or reduce the generation of silted or muddied water from
the operation of heavy equipment. High traffic areas must be kept well drained to prevent the formation
of mud puddles which can contribute to siltation.
Water pumped from excavations for work areas, or any runoff or effluent directed out of work sites, must
have silt and turbidity removed by settling ponds, filtration, or other suitable treatment before discharging
to a body of water. Effluent discharged into receiving waters must comply with the environmental
regulations.
8.5.2 Use of Concrete near a Body of Water
Where cast-in-place concrete is required, all fresh concrete must be kept from coming in contact with the
watercourse until adequate curing is achieved. The formwork must be constructed with tight joints to
prevent leakage and all necessary precautions taken to prevent spillage of concrete in or near a body of
water. Dumping of concrete or washing of tools and equipment in any body of water is prohibited.
5
8.5.3 Use of Wood Preservatives
The use of creosote treated wood is strictly prohibited within 15 meters of all bodies of fresh water in the
province and strongly discourage in other water bodies. Before using any creosote treated wood, the
proponent should contact the Department's Water Resources Management Division.
Wood preservatives such as penta, CCA (chromated copper arsenate) or other such chemicals must not
be applied to timber near a body of water. All treated wood or timber must be thoroughly dry before
being brought to any work site and installed. Untreated wood is ideal from a water quality perspective
and, if submerged completely underwater, will last indefinitely. Some wood, such as cedar, contain
natural preservatives and is an excellent material for building wharves or piers.
Please note, there are additional restrictions on use of treated wood in Protected Water Supply Areas and
a permit is required for all work activities in these areas.
8.5.4 On-Site Use of Petroleum Products or Hazardous Substances
The proposed use of any facility and site must not involve any storage of pollutants such as chemicals,
pesticides etc. The storage and handling of gasoline and any petroleum derivative must be carried out
according to The Storage and Handling of Gasoline and Associated Products Regulations, 1982.
8.5.5 Other Materials
Recycled materials such as old metal, plastic drums or tires are not encouraged to be used as construction
materials. They may contain substances which can affect water quality and be harmful to aquatic life.
For floating docks, wharves or piers, non-recycled plastics provide excellent flotation, are inert and are
durable in the water. Styrofoam also provides excellent flotation, is relatively stable in the water but may
break apart. If it is used, it must be enclosed; it is a potential hazard to fish if mistaken for food.
Any fill or ballast material must be of good quality, free of fines or other substances including metals,
organics or chemicals that may be harmful to the receiving waters.
8.5.6 Bank Disturbance
At all times, every necessary precaution should be taken to prevent the disturbance of channel banks,
bank vegetation and land within the high water mark, flood zone or 15m environmental buffer of any
body of water. A minimum 15 meter wide vegetated buffer zone must be maintained along the edge of
the water body in order to provide bank stability and maintain local aesthetics.