Clarke's Beach Development Regulations 2023–2033
Clarke's Beach, Newfoundland and Labrador
· adopted 2023-04-06
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THE TOWN OF CLARKE'S BEACH
RESOLUTION TO APPROVE
DEVELOPMENT REGULATIONS, 2022-2032
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning Act 2000,
the Town Council of Clarke's Beach:
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adopted the Development Regulations for the Town of Clarke's Beach on the 13th day of
September, 2022;
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gave notice of the adoption of the Development Regulations for the Town of Clarke's Beach by
by publishing notices in the September 16th and September 23, 2022 editions of the Shoreline
News, for the Clarke's Beach Municipal Plan, 2022-2023 and Development Regulations, 2022-
2023 and the Public Notice was posted in the Town Hall, the Post Office, the Harbourview Gas
Bar, and the Drug Store, and was posted on the Town's Facebook Page on September 14, 2022,
and its Web Page on September 15, 2022, setting the date of October 28th, 2022 for the
submissions for the Public Hearing Commissioner as per the Department of Municipal and
Provincial Affairs directive regarding non-physical public hearings during COVID-19.
- . set the 28th day of October, 2022 for the submissions for the Public Hearing Commissioner as
per the Department of Municipal and Provincial Affairs directive regarding non-physical public
hearings during COVID-19.
Now under.-the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town Council of
Clarke's Beach approves the Development Regulations for the Town of Clarke's Beach as adopted (or as
amended as follows).
SIGNED AND SEALED this 15
day of OeL ·
2022.
Mayor:
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Development Regulations/ Amendment
REGISTERED
Number I 060- )D23 - ODO
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TOWN OF CLARKE'S BEACH
RESOLUTION TO ADOPT
DEVELOPMENT REGULATIONS, 2022-2032
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town Council of
Clarke's Beach adopts the Clarke's Beach Development Regulations (2022-2032).
The Development Regulations (2022-2032) were adopted by the Town Council of Clarke's Beach on the
13th day of September, 2022.
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2022.
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Signed and sealed this 15 day of /J ec e f'(1 b-e r
Mayor: ..n~ f':::\.___~
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Municipal Clerk:
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Town of Clarke's Beach seal
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CANADIAN INSTITUTE OF PLANNERS (CIP) CERTIFICATION
I certify that the Town of Clarke's Beach Development Regulations, 2022-2032 have been prepared in
accordance with the requirements of the Urban and Rural Planning Act, 2000 of the Province of
Newfoundland and Labrador.
Member of Canadian Institute of Planners (MCIP)
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TABLE OF CONTENTS
1.0
AUTHORITIES AND RESPONSIBILITIES ........................................................................................................ 1
1.1
APPLICATION .................................................................................................................................................... 1
1.2
COMPLIANCE WITH FEDERAL AND PROVINCIAL LEGISLATION AND TOWN REGULATIONS ................................................... 1
1.3
AMENDMENT TO DEVELOPMENT REGULATIONS ...................................................................................................... 1
1.4
LEGAL EFFECT ................................................................................................................................................... 2
1.5
DELEGATION OF AUTHORITY ................................................................................................................................ 2
2.0
ADMINISTRATION OF THE REGULATIONS .................................................................................................. 3
2.1
WHEN IS A PERMIT REQUIRED ...................................................................................................................... 3
2.2
APPLICATION FOR A PERMIT ................................................................ ....................................................... .4
2.2.1
Who con apply and how .......................................................................................................................... 4
2.2.2
Application Requirements for All Applications ........................................................................................ .4
2.2.3
Application Information Requirements f or Discretionary Uses ................................................................ 5
2.2.4
Application Information Requirements f or Planned Unit Developments ................................................. 5
2.3
OPTIONS IF YOUR PROPOSAL DOES NOT FIT THE LAND USE ZONES OR DEVELOPMENT
CONDITIONS/ STANDARDS ......................................................................................................................................... 7
2.3.1
Variances ................................................................................................................................................. 7
2.3.2
Non-Conforming Uses or Non-Conforming Development ........................................................................ 7
2.4
COUNCIL DECISION-MAKING ................................................................-..................................................... 10
2.4.1
Discretionary Decision-making Powers of Council ................................................................................. 10
2.4.2
Timely Decision-making ......................................................................................................................... 10
2.4.3
Deferment of Application: ...................................................................................................................... 10
2.4.4
Public Notice (Refer to Ministerial Development Regulations, Sections 13&15} ................................... 10
2.4.5
Briefing Sessions .................................................................................................................................... 11
2.4.6
Approval in Principle .............................................................................................................................. 12
2.4.7
Approval of Development Permit ........................................................................................................... 12
2.4.8
Permit responsibilities of the applicant. .................................................................................................. 13
2.4.9
Temporary Use Permit ........................................................................................................................... 13
2.4.10 Correction of Errors and Remedial Work ............................................................................................... 13
2.4.11 Revoke Permit ........................................................................................................................................ 13
2.4.12 Fee f or Permit ........................................................................................................................................ 13
2.4.13 Written Reasons for Refusing a Permit or Setting Conditions on a Permit ............................................ 14
2.4.14 Refusal: Premature development ......................................................................................................... 14
2.4.15 Appeal .................................................................................................................................................... 14
2.4.16 Register .................................................................................................................................................. 14
2.5
SPECIAL CONDITIONS FOR DEVELOPMENT ................................................................................................ 14
2.5.1
Development Agreement ....................................................................................................................... 14
2.5.2
Planning Impact Analysis ....................................................................................................................... 15
2.5.3
Financial Guarantees by Developer ....................................................................................................... 16
2.5.4
Service Levy ............................................................................................................................................ 1 7
2.5.5
Require Lond Conveyed for Public Work Purpose .................................................................................. 17
2.5.6
Land for Park/ Public Use in Subdivisions ............................................................................................... 17
2.5.7
Restoration of Land ................................................................................................................................ 1 7
2.6
ENFORCEMENT AUTHORITY ....................................................................................................................... 18
2.6.1
Delegation of Authority ......................................................................................................................... 18
2.6.2
Right of Entry under Section 105, Urban & Rural Planning Act, 2000 ................................................... 18
2.6.3
Enforcement Authorities under Section 102, Urban & Rural Planning Act, 2000 .................................. 18
3.0
LAND USE ZONES ..................................................................................................................................... 19
3.1
INTERPRETATION OF LAND USE ZONING AND DEVELOPMENT STANDARDS .............................................. 19
3.1.1
Land Use Zones ...................................................................................................................................... 19
3.1.2
Use Zone Tables ..................................................................................................................................... 19
3.1.2.1 Permitted Uses ....................................................................................................................................... 19
3.1.2.2 Discretionary Uses ................................................................................................................................. 20
3.1.3
Accessory Uses and Accessory Building ................................................................................................. 20
3.1.4
Uses Not Permitted {Prohibited) ............................................................................................................ 20
3.1.5
Uses Permitted in All Land Use Zones .................................................................................................... 20
3.1.6
3.2
Development Conditions and Standards ................................................................................................ 20
RESIDENTIAL MEDIUM DENSITY ZONE ....................................................................................................... 22
3.3
RESIDENTIAL RURAL ZONE ......................................................................................................................... 26
3.4
COMMERCIAL ............................................................................................................................................. 27
3.5
RECREATIONAL VEHICLE PARK ZONE .......................................................................................................... 28
3.6
TOWN CENTRE ZONE .................................................................................................................................. 29
3.7
ENVIRONMENTAL PROTECTION ZONE ....................................................................................................... 30
3.8
OPEN SPACE, PARKS AND TRAILS ZONE ...................................................................................................... 31
3.9
PROTECTED WATER SUPPLY ZONE .................................................................................................................. 32
3.10
RURAL ZONE ............................................................................................................................................... 33
3.11 PROVINCIAL AND FEDERAL INTEREST OVERLAYS ............................................................................................. 34
4.0
LAND USE AND DEVELOPMENT DEFINITIONS AND STANDARDS .............................................................. 35
4.1
INTERPRETATION ....................................................................................................................................... 35
4.2
AGRICULTURE LAND USE CLASS ................................................................................................................. 35
4.2.1
Commercial Agriculture: ........................................................................................................................ 35
4.2.2
Urban Agriculture .................................................................................................................................. 36
4.2.2.1
General Conditions: ...................................................................................................................................... 36
4.2.2.2
Community Garden ....................................................................................................................................... 36
4.2.2.3
Livestock, Poultry and Fowl Conditions ........................................................................................................ 36
4.2.2.4
Kennel ........................................................................................................................................................... 37
4.3
4.3.1
COMMERCIAL LAND USE CLASS .................................................................................................................. 37
Amusement Establishment/Use ............................................................................................................. 37
4.3.2
Amusement Park/Attraction .................................................................................................................. 37
4.3.3
Auto Body Shop ...................................................................................................................................... 38
4.3.4
4.3.5
4.3.5
4.3.6
4.3.7
4.3.8
4.3.9
4.3.10
4.3.11
4.3.12
4.3.13
4.3.14
Automotive Repair Shop ........................................................................................................................ 38
Bar/Licensed Liquor Establishment ....................................................................................................... .39
Building Supply Store ............................................................................................................................. 39
Business Support Service ........................................................................................................................ 39
Campground, including RV campgrounds ............................................................................................. .40
Child Care - Non-residential {Note: residential child care is under Home Business) ............................ .41
Club and Lodge ...................................................................................................................................... 41
Contractor, Limited (Small} .................................................................................................................... 41
Convenience Store ................................................................................................................................. .42
Custom Manufacturing Service (small/artisan) ..................................................................................... 42
Garage, Public parking /taxi stand ........................................................................................................ 43
General Service/Repair Shop .................................................................................................................. 43
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4.3.15 Hotel or Inn ............................................................................................................................................ 43
4.3.16 Marina (also includes wharves, breakwaters, slipways & baathouses) ................................................ .44
4.3.17 Medical or Dental Clinic/Office .............................................................................................................. 44
4.3.18 Motel ...................................................................................................................................................... 45
4.3.19 Outdoor Commercial Patio ................................................................................................................... .45
4.3.20 Outdoor Market ..................................................................................................................................... 46
4.3.21 Personal Service ..................................................................................................................................... 46
4.3.22 Offices: Professional, Financial and Associated Support Services .......................................................... 47
4.3.23 Resort ..................................................................................................................................................... 47
4.3.24 Restaurants ............................................................................................................................................ 47
4.3.24.1
Drive-Through and Take-Out ........................................................................................................................ 47
4.3.24.2
Full-Service Restaurant ................................................................................................................................. 48
4.3.24.3
Mobile Take-Out or Street Vendor ............................................................................................................... 48
4.3.25 Retail ...................................................................................................................................................... 49
4.3.26 Service Station ....................................................................................................................................... 49
4.3.26
Service Station .............................................................................................................................................. SO
4.3.27 Veterinarian Clinic .................................................................................................................................. 51
4.4
INDUSTRIAL LAND USE CLASS ..................................................................................................................... 51
4.4.1
Composting Facility ................................................................................................................................ 51
4.4.2
Contractor, General ............................................................................................................................... 51
4.4.3
Energy Generation Facilities .................................................................................................................. 52
4.4.4
Forestry Activities ................................................................................................................................... 53
4.4.5
Industrial - General ................................................................................................................................ 53
4.4.6
Industrial - Light ..................................................................................................................................... 54
4.4. 7
Industrial Mall ........................................................................................................................................ 55
4.4.8
Mineral Exploration ............................................................................................................................... 55
4.4.9
Mineral Working .................................................................................................................................... 56
4.4.10 Mining .................................................................................................................................................... 57
4.4.11 Natural Resource Use ............................................................................................................................. 58
4.4.12 Natural Resource-Related Uses .............................................................................................................. 58
4.4.13 Solid Waste Recycling/Disposal and Composting Site ........................................................................... 59
4.5
CONSERVATION LAND USE CLASS .............................................................................................................. 59
4.5.1
Environmental Protection ...................................................................................................................... 59
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4.5.2
Open Space, Parks and Trails ................................................................................................................. 60
4.6
PUBLIC/INSTITUTIONAL LAND USE CLASS .................................................................................................. 61
4.6.1
Cemetery ................................................................................................................................................ 61
4.6.2
Institutional Use ..................................................................................................................................... 61
4.6.3
Protective and Emergency Services ........................................................................................................ 62
4.6.4
Public Gathering Places -/ndoor ............................................................................................................. 63
Public Gathering Places - Outdoor ......................................................................................................... 63
Sports and Recreation Facilities ............................................................................................................. 64
RESIDENTIAL LAND USE CLASS .................................................................................................................... 64
4.6.5
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4.6.6
4.7
4.7.1
Single Detached Dwelling ...................................................................................................................... 64
Semi-Detached Dwelling (Double dwelling) ........................................................................................... 65
Townhouses ........................................................................................................................................... 65
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4.7.2.
4.7.3
4.7.4
Apartment Building ................................................................................................................................ 65
Cottage .................................................................................................................................................. 65
Non-Market Housing ............................................................................................................................. 66
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4.7.5
4.7.6
4.7.7 Garden Suite ............................................................................................................................................. 67
4.7.8
Mini-Home and Mobile Homes .............................................................................................................. 68
4.8
PUBLIC INFRASTRUCTURE AND UTILITIES ................................................................................................... 69
4.8.1
Communications .................................................................................................................................... 69
4.8.2
Easement ............................................................................................................................................... 69
4.8.3
Utilities ................................................................................................................................................... 69
5.0
ACCESSORY USES & ACCESSORY BUILDINGS AND HOME BUSINESSES ..................................................... 71
5.1
ACCESSORY USES ........................................................................................................................................ 71
5.1.1
General accessory Uses .......................................................................................................................... 71
5.1.2
Subsidiary Apartments ........................................................................................................................... 71
5.1.3
Satellite Dish - Residential ...................................................................................................................... 72
5.1.4
Satellite Dish - Commercial .................................................................................................................... 72
5.2
ACCESSORY BUILDINGS .............................................................................................................................. 73
5.2.1
Accessory Buildings - General ............................................................................................................... 73
5.2.2
Accessory Buildings - Residential Medium Density & Residential Rural (excluding Garden Suites -
4.7.7}
73
5.2.3
Accessory Buildings - Non-Residential ................................................................................................... 74
5.3
HOME BUSINESS IN THE RESIDENTIAL LAND USE CLASS -....................-.............--.-----.......---...........-.......-.-......--....... 75
5.3.1
General Home Business ......................................................................................................................... 75
5.3.2
Development Conditions for Specific Home Businesses ......................................................................... 78
5.3.2.1
Bed and Breakfast ......................................................................................................................................... 78
5.3.2.2
5.3.2.3
5.3.2.4
Boarding House ............................................................................................................................................. 78
Day Care: Residential .................................................................................................................................... 78
Parking for Home Business ........................................................................................................................... 79
6.o
GENERAL REGULATIONS .......................................................................................................................... 81
6.1
FEDERAL AND PROVINCIAL GOVERNM ENT REQUIREMENTS ..................................................................... 81
6,1,1
Mineral Lands Division .......................................................................................................................... 81
6.1.1.1 Removal of Quarry materials, site grading, soil deposit ....................................................................... 81
6.1.1.2 Quarry buffer ........................................................................................................................................ 82
6.1.2
Land Resources Management Division {Agriculture)- Blueberry Management Areas ........................... 82
6.1.3
Crown Land ............................................................................................................................................ 82
6.1.4
Surveys & Mapping Division .................................................................................................................. 82
6.1.5
Archaeological Sites ............................................................................................................................... 82
6.1.6
Water Body Protection (watercourse and wetland) .............................................................................. 83
6.1. 7
Wildlife Division ..................................................................................................................................... 83
6.1.8
Provincial Highway Sign Regulations, 1996 ........................................................................................... 84
6.1.9
Climate Change Impacts ........................................................................................................................ 84
6.1.10 Forestry .................................................................................................................................................. 84
6.3.11 Easements - Newfoundland and Labrador Hydro ................................................................................. 84
6.3.12 Digital Government and Service NL ......................................................................................................... 85
6.3.13 National Codes and Regulations ............................................................................................................ 85
6.3.14 Federal Land, Department of National Defence .................................................................................... 85
6.3.15 Department of Fisheries and Oceans Canada ........................................................................................ 85
6.3.16 Protected Road Zoning Regulations, 1999 ............................................................................................. 85
6.3.17 Scheduled Salmon Rivers (Environmental Protection Act, 2002) ........................................................... 85
6.2
ACCESS AND STREETS ................................................................................................................................. 86
6.3
BUFFERS AND SEPARATION DISTANCES BETWEEN LAND USES .................................................................. 87
6.4
PROHIBITION ON NUISANCE, DANGEROUS OR UNSIGHTLY LAND USE/DEVELOPMENT ............................ 87
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6.5
LOT SITING AND BUILDING ENVELOPE ....................................................................................................... 88
6.5.1
Lot Area Integrity ................................................................................................................................... 88
6.5.2
Lot Fronting on to a Public Street .......................................................................................................... 89
6.5.3
Building Line and Setbacks (Refer to Appendix 1) .................................................................................. 89
6.5.4
Flanking or Corner lots and double fronting lots ................................................................................... 89
6.5.5
Side Yards ............................................................................................................................................... 89
6.5.6
Multiple Uses an One Lot ....................................................................................................................... 90
6.5.7
Outdoor Storage .................................................................................................................................... 90
6.5.8
Siting Conditions for Single Detached and Semi-Detached Dwellings ................................................... 90
6.5.9
Building Orientation and Quality ........................................................................................................... 91
6.5.10 Heritage Building or Structure ............................................................................................................... 91
6.6
LANDSCAPING AND FENCES ....................................................................................................................... 92
6.6.1
General Landscaping Requirements ...................................................................................................... 92
6.6.2
Landscaping for new Subdivisions ......................................................................................................... 93
6.6.3
Fences .................................................................................................................................................... 93
6.7
MUNICIPAL SERVICES AND PUBLIC UTILITIES ............................................................................................. 94
6. 7.1
Storm Water Management. ................................................................................................................... 94
6. 7.2
Effluents ................................................................................................................................................. 94
6. 7.3
On-Site Services (Wells and onsite sanitary sewer systems) .................................................................. 95
6.7.4
Environmental Investigations ................................................................................................................ 95
7.0
OFF-STREET LOADING, PARKING AND SIGNS ........................................................................................... 97
7.1
OFF-STREET LOADING REQUIREMENTS ..................................................................................................... 97
7.2
PARKING .................................................................................................................................................... 97
7.2.1
Parking Area Standards ......................................................................................................................... 97
7.2.2
Parking Development Plans ................................................................................................................... 98
7.2.3
Off-Street Parking Requirements ........................................................................................................... 98
7.2.4
Designated Mobility Impaired Parking Spaces .................................................................................... 101
7.3.
SIGNS {ADVERTISEMENTS) ....................................................................................................................... 101
7.3.1
Permit Required ................................................................................................................................... 101
7.3.1.1
Signs/Advertisements Exempt from Control ............................................................................................... 101
7.3.1.2
Provincial Highway Sign Regulations, 1996 (under the Urban and Rural Planning Act, 2000) .................... 102
7.3.1.3
Application for Permit ................................................................................................................................. 102
7.3.1.4
7.3.1.5
7.3.1.6
7.3.1.7
Signs/ Advertisements Prohibited in Street Reservation ............................................................................. 102
Permit Valid for Limited Period ................................................................................................................... 102
Removal of Signs/Advertisements .............................................................................................................. 102
Approval Subject to Conditions ................................................................................................................... 102
7.3.1.8
Non-Conforming Uses ................................................................................................................................. 102
7.3.2
Sign Standards for Specific Zones ........................................................................................................ 103
7.3.2.1
7.3.2.2
Advertisements Relating to Onsite Uses ..................................................................................................... 103
Advertisements Relating to Offsite Uses on Local Roads ............................................................................ 103
8.0
SUBDIVISION OF LAND .......................................................................................................................... 105
8.1
SUBDIVISION STANDARDS ........................................................................................................................ 105
8.1.1
Subdivision Standards apply ................................................................................................................ 105
8.1.2
Subdivisions standards do not app/y .................................................................................................... 105
8.1.3
Permit Required ................................................................................................................................... 105
8.1.4
Public Notice ........................................................................................................................................ 105
8.1.5
Subdivision Subject to Zoning .............................................................................................................. 105
8.1.6
Subdivision Permit Subject to Considerations ...................................................................................... 106
8.1. 7
Restriction on Sale of Lots .................................................................................................................... 106
8.1.8
Building Permits Required .................................................................................................................... 106
8.2
SUBDIVISION PERMIT REQUIREMENTS .................................................................................................... 107
8.2.1
Subdivision Development Agreement .................................................................................................. 107
8.2.2
Municipal Services to be Provided ....................................................................................................... 107
8.2.3
Private Well water source: Groundwater Supply Assessment and Reporting ..................................... 107
8.2.4
Fees, Service Levies and Development Charges ................................................................................... 108
8.2.4.1
Subdivision Fees .......................................................................................................................................... 108
8.2.4.2
Service Levies and Local Improvement Assessments .................................................................................. 108
8.2.4.3
Deposit of Securit ies ................................................................................................................................... 109
8.2.4.4
Land for Public Open Space ........................................................................................................................ 109
8.3
SUBDIVISION DESIGN STANDARDS ........................................................................................................... 109
8.4
SUBDIVISION ENGINEERING STANDARDS ................................................................................................ 111
8.4.1
Engineer to Design Works and Certify Construction Layout ................................................................ 111
8.4.2
Developer to Pay Engineer's Fees and Charges ................................................................................... 111
8.4.3
Street Works May Be Deferred ............................................................................................................ 111
8.4.4
Construction of Utilities ....................................................................................................................... 112
8.4.5
Structures in Street Reservation ........................................................................................................... 112
8.4.6
Transfer of Streets and Utilities to Council ........................................................................................... 112
8.4.7
Mini/ mobile home park subdivision ..................................................................................................... 112
APPENDICES ...................................................................................................................................................... 113
APPENDIX 1: .......................................................................................................................................................... 114
INTERPRETATION OF TECHNICAL TERMS USED IN THE DEVELOPMENT REGULATIONS ......................................... 114
APPENDIX 2: MINISTER'S DEVELOPM ENT REGULATIONS ..................................................................................... 123
APPENDIX 3: FUTURE LAND USE ZONING MAP ...................................................................................................... 133
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1.0
AUTHORITIES AND RESPONSIBILITIES
1.1
Application
These Development Regulations apply to:
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all persons proposing to undertake a land use and/or development within the Municipal
Planning area boundary, whether residents or non-residents; and,
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the Mayor and Councillors and their delegates as they make land use and development
decisions.
All development, including the subdivision/severance of land, and accessory uses and accessory
buildings, carried out within the Municipal Planning area must have a permit issued by Council in
accordance with the Plan and these Development Regulations.
1.2
Compliance with Federal and Provincial legislation and Town regulations
Even though an applicant may receive a municipal development permit, the applicant is responsible for
ensuring compliance with all relevant federal and provincial legislation, regulations, policies and
guidelines prior to commencing a land use or development approved under these Development
Regulations. Council may require proof of compliance prior to approval. The applicant must undertake
any requirements set out by the Town as conditions to approval of the permit. The applicant is also
responsible for ensuring compliance with all other Town regulations.
The Development Regulations shall be subject to all Federal and Provincial legislation, regulations,
policies and guidelines. Notwithstanding this requirement, these Development Regulations shall
incorporate specific compliance requirements as set out in Section 4.1-Provincial and federal interests
and requirements. The National Building Code, and associated codes, such as the Plumbing Code, the
Fire Code, the Electrical Code, the Life Safety Code, and any other ancillary code and other municipal
regulations or bylaws regulating or controlling the development, conservation, and use of land shall,
under these Regulations, apply to the entire Municipal Planning Area.
1.3
Amendment to Development Regulations
An amendment to the text of the Development Regulations and/or the Land Use Zoning Map which
requires an associated amendment to the Plan must follow the amendment process set out in Section
14-25 the Urban and Rural Planning Act, 2000. Other Sections of the Act that apply to amendments
include, Section 13 - where an amendment must be prepared by a Member of the Canadian Institute of
Planners, Section 27 - the cost of the amendment can be charged to the applicant, and Section 42 -
regarding exemption from the appeal process.
An amendment may be requested by any person and the associated costs are borne by that person
(Section 27, Urban and Rural Planning Act, 2000).
The request for an amendment shall be made to the Council.
Town of Clarke's Beach
Development Regulations 2022-2032
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An amendment to the text of the Development Regulations and/or the Land Use Zoning Map which does
not require an associated amendment to the Municipal Plan does not follow the full process set out in
Sections 14-25 of the Urban and Rural Planning Act, 2000 (Section 35 (5 ); however, Section 14 public
consultation is required as part of the Council review process. Council then must adopt the amendment
by resolution of Council at a Regular Meeting of Council (open to the public). The Amendment must be
submitted in the required form to the Local Governance and Land Use Planning Division for Registration.
1.4
Legal Effect
Upon publication of the notice of registration of these Development Regulations in the Newfoundland
and Labrador Gazette, the previous Development Regulations are hereby repealed and replaced.
Similarly, for amendments, publication in the Newfoundland and Labrador Gazette is required before
they are in legal effect.
These Regulations may be cited as the "Town of Clarke's Beach Development Regulations 2019",
prepared under the authority of Section 35 of the Urban and Rural Planning Act, 2000. As required
under Section 36 of the Urban and Rural Planning Act, 2000, the Ministerial Development Regulations
03/01 are included in these regulations.
To assist interpretation of the Municipal Plan and Development Regulations, technical planning
definitions are found in Appendix 1. Note that the definitions from the Urban and Rural Planning Act,
2000 and the (Minister's) Development Regulations, 2000 cannot be amended by the Council.
1.5
Delegation of Authority
Under Section 109 (2) of the Urban and Rural Planning Act, 2000, a council may to appoint/designate an
employee of Council to approve or reject applications to develop land in accordance with the plan and
regulations and that employee may outline the conditions applicable to that development. Council shall
make that designation in writing.
Town of Clarke's Beach
Development Regulations 2022-2032
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2.0
ADMINISTRATION OF THE REGULATIONS
This Chapter deals with the administration of processing permits for proposed land use and
developments and outlines: when a permit is required, the process for making an application for a
permit, the decision-making process by Council or it's delegate, including the conditions and
requirements that may be attached to the permit, the appeal process, and the enforcement
responsibilities of the Council.
2.1
WHEN IS A PERMIT REQUIRED
All development including the subdivision (severance) of land carried out within the Municipal Planning
area must have a permit issued by Council in accordance with these Regulations and any other by-law or
regulation enacted by Council. These are defined in the Urban and Ruraf Planning Act, 2000 as follows:
Development means
" ... the carrying out of building, engineering, mining or other operations in, on, over or under land, or the
making of a material change in the use, or the intensity of use of land, buildings or premises and the
i.
making of an access onto a highway, road or way,
ii.
erection of an advertisement or sign,
iii.
construction of a building,
iv.
parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an
office, or for living accommodation,
and excludes the
v.
carrying out of works for the maintenance, improvement or other alteration of a building,
being works which affect only the interior of the building or which do not materially affect
the external appearance or use of the building,
vi.
carrying out by a highway authority of works required for the maintenance or improvement
of a road, being works carried out on land within the boundaries of the road reservation,
vii.
carrying out by a local authority or statutory undertakers of works for the purpose of
inspecting, repairing or renewing sewers, mains, pipes, cables or other apparatus, including
the breaking open of street or other land for that purpose, and
viii.
use of a building or land within the courtyard of a dwelling house for a purpose incidental to
the enjoyment of the dwelling house as a dwelling ... "; and,
"Subdivision means the dividing of land, whether in single or joint ownership into 2 or more pieces for
the purpose of development". The requirements for subdivision development can be found in Section 8.
For further clarification, no land over which there is an existing structure shall be subdivided for the
purpose of creating distinct title to different dwelling units unless;
a.
Each dwelling unit is entirely comprised within the new title and self-contained within
the new lot with no common spaces or shared services, and;
b. The fire separation for each dwelling unit is confirmed,
c. A permit for the subdivision is first obtained from the Town.
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d. The subdivision must fully comply with all aspects of the Town's Development
Regulations including, but not limited to; definitions and land use zone requirements
e.
A subsidiary apartment cannot be subdivided from the self-contained dwelling that it is
constructed within."
2.2
APPLICATION FOR A PERMIT
2.2.1
Who can apply and how
An application for a Permit or for Approval-in- Principle shall be made only by the owner or by a person
authorized by the owner to Council on such form as may be prescribed by Council;
Where Approval in Principle is granted under these Regulations, it shall be subject to the subsequent
approval by Council of the details and conditions as listed in the Approval in Principle, which shall be
received not later than one year from the issuance of the Approval in Principle. If the details and
conditions are not received, and there is no written request for an extension, then the Approval in
Principle is void and the application is rejected.
Development is not permitted on un-subdivided land unless sufficient area is reserved to satisfy the yard
and other allowances called for in the Use Zone in which it is located and the allowances shall be
retained when the adjacent land is developed
Council shall, on request, supply to every applicant a copy of the application forms and a description of
the plans, specifications, and drawings required to be provided with the application.
Council shall provide all available information to assist in the preparation of the application.
2.2.2
Application Requirements for All Applications
An application for a Development Permit shall contain the information needed to satisfy the applicable
requirements in these Regulations.
Every application shall include:
a.
such plans, specifications and drawings as Council may require;
b. the permit fee required by Council; and,
c. all information required to process the application in accordance with these Regulations, such
information shall include at least the following:
For the proposed land, such information shall include at least the following:
a.
location of the site on a map;
b. details of proposed use: type, size and scale of operation, landscaping;
c.
lot area, lot frontage, siting of structures;
d. contours and significant natural features such as wetlands, watercourses, drainage channels,
and slopes that exceed 15 percent, existing vegetation, trees, and any other environmentally
sensitive features;
e. existing streets, buildings, and land uses in the vicinity of the site;
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f.
a conceptual layout of proposed streets, trails, and other major components of the
development;
g.
proposed access/egress, parking, loading requirements;
h.
a landscaping plan, including buffers and/or separation distances;
i.
proposed water supply, waste disposal and storm water drainage services; and,
j.
a legal survey plan prepared by a registered Newfoundland and Labrador land surveyor.
Where the application involves a building, the following information shall be added to the lot
information, as appropriate:
i.
siting of building on the lot, including building line setback and yards;
ii.
bulk and height, in terms of floor area and building height;
111.
off-street parking, circulation, and loading, in terms of variables specified in Section 7.1;
d. proposed access/egress, parking, loading requirements;
e.
a landscaping plan and buffers (see Section 6.3)
2.2.3
Application Information Requirements for Discretionary Uses
Discretionary Uses may only be considered for an application to develop where:
a.
the Discretionary Use is stated in the applicable Use Zone table (Chapter 3); and,
b. Council has, at the applicant's expense, published a notice in a newspaper circulating in the area
of the application and considered any representations or submissions received in response to
that advertisement. It is recommended that Council notify the neighbouring property owners
directly regarding the proposed discretionary use.
In addition to the information requirements for lots and buildings in 2.2.2, an application for a
Discretionary Use shall contain the following information relating to Discretionary Uses involving
operation of a business/service:
a.
floor area to be used for Discretionary Use,
b. number of employees employed on site, and
c.
hours of operation.
2.2.4
Application Information Requirements for Planned Unit Developments
In addition to the information in 2.2.2, the following requirements shall apply to all proposed Planned
Unit developments involving new street construction or development of large sites for commercial
(including commercial recreational), industrial, residential and public institutional development.
Definition: Planned Unit Development means an integrated development which may involve a single
use class or a mix of use classes or a mix of uses that responds to a unique market opportunity located in
one parcel of land. The most common example of a Planned Unit Development is a vacant land
condominium/bare strata development consisting of a contiguous area to be planned, developed,
operated, and maintained as a single entity and containing one or more structures with common areas
that belong to them, such as a box store complex, resort, multi-unit residential.
Conditions:
1. Required to submit a Planned Unit Development application, see Sections 2.2.2 & 2.2.4;
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2. A Planned Unit Development must front on to a public road and comply with use requirements of
the Zone within which it is located. Notwithstanding the requirement for serviced development, if
municipal services are not feasible to the standard required by the Town, the provision of on-site
services must meet requirement of provincial agencies, in particular, Water Resource Management
Division and Service NL;
3.
Roads and services provided in a Planned Unit Development shall be treated as if they were public
roads, public services and public utilities for the purpose of approvals by the Authority and other
agencies.
4. A Planned Unit Development may be approved by Council in any zone as a development and/or
subdivision on public or private services, subject to the following requirements:
a. the development and/or subdivision shall comply with the requirements of the Municipal Plan
or any scheme adopted under it, and with the zoning for the site as it pertains to land use,
height, and have a suitable relationship to nearby land uses in respect to appearance, traffic
requirements, and demands on municipal services; and,
b. a Development Agreement having a Planned Unit Development plan attached thereto,
satisfactory to Council, between the owners of the land and the Town shall be registered in the
Registry of Deeds of Newfoundland and Labrador, controlling the use and development of such
land.
A Planned Unit development application would normally contain the following:
a. Goals, objectives and land use policies for the development area;
b. Identification of developable area of site, indicating accommodation of site conditions such as
poor drainage, steep slopes, flooding potential and rocky ground;
c.
Proposed siting of new buildings, or additions, including building square footage area size,
building height, and setback distances to property lines;
d.
Building lot area coverage where applicable;
e. Total number of proposed multi-unit residential dwellings, or strata unit commercial and/or
industrial units, and interior floor plans;
f.
Layout drawing of proposed parking area, total number and size of parking spaces and
manoeuvring aisles, access and egress locations to parking area, provisions for bicycle parking
where applicable, landscape screening for parking areas and storm water drainage
management;
g. Identification of outdoor amenity and open space and recreation areas;
h.
Identification of unenclosed storage areas and area size; and,
i.
Overview of landscaping treatment and approach for the site development.
j.
phasing of the development;
k. Street and servicing layout, including on-site road pattern and traffic and relation to surrounding
community in conformance with Town standards;
I.
Indicate any issues related to the long-term maintenance of streets and other services;
m. if required, an amendment to the Municipal Plan and Development Regulations under the Urban
and Rural Planning Ac, 2000;
The Planned Unit Development application would be prepared and reviewed by the Council according to
its regular development approval process.
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The Council may also, at its discretion, approve the erection of dwellings which are designed to form
part of a zero lot line development or other comprehensive layout which does not, with the exception of
dwelling unit floor area, meet the requirements of the Use Zone Table, provided that the dwellings are
designed to provide both privacy and reasonable access to natural daylight and the overall density
within the layout conforms to the regulations and standards set out in the Use Zone Table apply where
the layout adjoins other development.
2.3
OPTIONS IF YOUR PROPOSAL DOES NOT FIT THE LAND USE ZONES OR
DEVELOPMENT CONDITIONS/STANDARDS
2.3.1
Variances
Where the proposed development does not comply with the development standards set out in the zone
it occurs as set out in these Regulations, an applicant may apply for and, Council may, in its discretion,
vary the applicable development standards to a maximum of ten percent (10%) if, in Council's opinion,
compliance with the development standards would prejudice the proper development of the land,
building, or structure in question or would be contrary to public interest. (Note that the 10% is stipulated
in the Minister's Development Regulations 03/ 01 in Appendix 2 and cannot be amended by Council)
Council shall not allow a variance from development standards set out in the zone as set out in these
Development Regulations if that variance, when considered together with other variances made or to be
made with respect to the same land, building, or structure would have a cumulative effect that is greater
than a ten percent (10%) variance even though the individual variances are separately no more than ten
percent (10%);
Council shall not permit a variance from the development standards where the proposed use would
increase the non-conformity of an existing development or would result in the creation of non-
conformity of any existing legal development.
Where Council is to consider a proposed variance, Council shall give written notice of the proposed
variance from development standards to all persons whose land is in the immediate vicinity of the land
that is the subject of the variance and allow a minimum period of seven (7) days for response.
2.3.2
Non-Conforming Uses or Non-Conforming Development
(Refer to Section 108(2) of the Urban and Rural Planning Act 2000 and Sections 14, 15, and 16 of the
Ministerial Development Regulations found in Appendix)
The following excerpts set out the requirements for non-conforming uses.
Section 108(2) of the Urban and Rural Planning Act 2000:
""non-confonning use" means a legally existing use that is not. listed as a pennitted or discretionary use for the use
zone in which it is located or which does not meet the development standards for that use zone;" ...
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"108. ( 1) Notwithstanding a plan, scheme or regulations made under this Act, the minister, a council or regional
authority shall, in accordance with regulations made under this Act, allow a development or use of land to continue
in a manner that does not conform with a regulation, scheme, or plan that applies to that land provided that the non-
conforming use legally existed before the registration under section 24 of the plan, scheme or regulations made with
respect to that kind of development or use.
(2) Notwithstanding subsection (1), a right to resume a discontinued non-conforming use of land shall not
exceed 6 months after that discontinuance unless otherwise provided by regulation under this Act.
(3) A building, structure or development that does not conform to a scheme, plan or regulations made under
this Act that is allowed to continue under subsection (l)
(a) shall not be internally or externally varied, extended or expanded unless otherwise approved by the
minister or appropriate council, regional authority or authorized administrator;
(b) shall not be structurally modified except as required for the safety of the building, structure or
development;
(c) shall not be reconstructed or repaired for use in the same non-conforming manner where 50% or more of
the value of that building, structure or development has been destroyed;
(d) may have the existing use for that building, structure or development varied by the appropriate council,
regional authority or authorized administrator to a use that is, in their opinion more compatible with a
plan and regulations applicable to it;
(e) may have the existing building extended by the appropriate council, regional authority or authorized
administrator where, in its opinion that extension is not more than 50% of the existing building;
(t) where the non-conformance is with respect to the standards included in development regulations, shall
not be expanded if the expansion would increase the non-conformity; and
(g) where the building or structure is primarily zoned and used for residential purposes, may, in accordance
with the appropriate plan and regulations, be repaired or rebuilt where 50% or more of the value of that
building or structure is destroyed."
Excerpt - Sections 14, 15, and 16 of the Ministerial Development Regulations 3/01:
"Residential non conformity
14. A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where being repaired or
rebuilt, be repaired or rebuilt in accordance with the plan and development regulations applicable to that building or
structure.
Notice and hearings on change of use
15. Where considering a non-conforming building, structure or development under paragraph 108(3)(d) of the
Act and before making a decision to vary an existing use of that non-conforming building, structure or development,
an authority, at the applicants expense, shall publish a notice in a newspaper circulating in the area or by other means
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give public notice of an application to vary the existing use of a non-conforming building, structure or development
and shall consider any representations or submissions received in response to that advertisement.
Non-conformance with standards
16. Where a building, structure or development does not meet the development standards included in
development regulations, the building, structure or development shall not be expanded if the expansion would
increase the non-conformity and an expansion must comply with the development standards applicable to that
building, structure or development.
Discontinuance of non-conforming use
17. An authority may make development regulations providing for a greater period of time than is provided
under subsection I 08(2) of the Act with respect to the time by which a discontinued non-conforming use may
resume operation."
If a non-conforming development or land use is discontinued after these Regulations came into legal
effect, a right to resume a discontinued non-conforming use of land shall not exceed two years after the
discontinuance occurred. For the purpose of this Regulation, discontinuance of a non-conforming use
begins when any one of the following conditions is met:
i. The building or use of land is clearly vacated or the building is demolished,
ii. The owner or tenant has ceased paying business taxes for that use, and
iii. The owner or tenant has stated in writing that the use has ceased.
Regarding a notice of an application to change a non-conforming use: this shall be by advertisement in a
newspaper circulating in the area, or by other reliable means as deemed appropriate by Council, and a
minimum of seven (7) days shall be provided for persons to respond. (Minister's Development
Regulations-see Appendix)
2.3.3
Amendment to Development Regulations
An amendment to these Development Regulations may be requested by any person and shall be
submitted to the Council. This might also require an associated amendment to the Municipal Plan.
Where an application for an amendment involves private property, the application shall be made by the
property owner or a person operating under the owner's written consent. A copy of this written consent
must accompany the application for an amendment to the text of the Development Regulations or
rezoning of the Land Use Zoning Map.
The process for a Development Regulation Amendment is set out in Section 1.3.
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2.4
COUNCIL DECISION-MAKING
2.4.1
Discretionary Decision-making Powers of Council
In considering an application for a permit to carry out development, Council shall take into account the
policies expressed in the Municipal Plan and any further scheme, plan or Regulations pursuant thereto,
and shall assess the general appearance of the development of the area, the amenity of the
surroundings, availability of utilities, public safety and convenience, and any other considerations which
are, in its opinion, material, and notwithstanding the conformity of the application with the
requirements of these Regulations, Council may, in its discretion, and as a result of its consideration of
the matters set out in this Regulation, conditionally approve or refuse the application.
2.4.2
Timely Decision-making
Applications properly submitted in accordance with these Regulations which have not been determined
by Council and on which a decision has not been communicated to the applicant within sixty (60) days of
the application being received by Council, shall be deemed to be refused.
2.4.3
Deferment of Application:
Council may, with the written agreement of the applicant, defer consideration of an application.
An application properly submitted in accordance with these Regulations shall be determined within 60
(sixty) days of the receipt thereof by Council or shall be deferred.
Council may defer decisions on an application for a Development Permit and/or an application for an
amendment to these Regulations within a specified area where Council has directed that a planning
study or other similar study pertaining to the future use and development of the specified area be
undertaken.
An application may be withdrawn only on receipt of a written request from the applicant.
2.4.4
Public Notice (Refer to Ministerial Development Regulations, Sections 13&15)
Council must, at the applicant's expense (Section 35 (1) of the Urban and Rural Planning Act, 2000),
publish a notice in a newspaper circulating in the area of the application and consider any
representations or submissions received in response to that advertisement, when an application is
received when:
1. A change in a non-conforming use; notice of an application to change a non-conforming use shall be
by advertisement in a newspaper circulating in the area, and a minimum of seven (7) days shall be
provided for persons to respond.
2. A proposed development is listed as a discretionary use: notice of an application regarding a
proposed discretionary use be by advertisement in a newspaper circulating in the area, and a
minimum of seven (7) days shall be provided for persons to respond.
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3. A Planned Unit Development is proposed; Council shall publish a notice in a newspaper circulating in
the area or by other reliable means give public notice, and shall provide a minimum of fourteen (14)
days for persons to respond; or,
4. If Council determines that the public should be notified of an application; notice of the application
shall be by advertisement in a newspaper circulating in the area, and a minimum of seven (7) days
shall be provided for persons to respond;
5. A Planning Impact Analysis is proposed; Council shall publish a notice in a newspaper circulating in
the area or by other reliable means give public notice, and shall provide a minimum of fourteen (14)
days for persons to respond;
6. Notification regarding a variance shall be carried out as foflows: A variance; written notice of a
variance application shall be given directly to persons whose land is in the immediate vicinity of the
land that is the subject of the variance who are likely to be affected (Minister's Development
Regulations-see Appendix) and a minimum of seven (7) days shall be provided for persons to
respond;
2.4.S
Briefing Sessions
Council may require a public meeting to be held in respect of any matter arising under these
Regulations.
Council shall advertise or require the applicant of the application that is the subject of the briefing
session to advertise the application by a minimum of one (1) advertisement in a newspaper circulating in
the local area at least ten (10) calendar days prior to the holding of a briefing session where the
application shall be discussed.
The newspaper notice shall: (a) contain a general description of the application; (b) specify the date set
for the briefing session at which the application is to be discussed; (c) specify the date set for receipt of
written representation on the application by the Town; (d) identify the place and time where the
application can be viewed by the public; and (e) specify that Council shall cancel the briefing session if no
written response is received by the deadline for the receipt of responses.
Council may make such effort as it deems reasonable to provide that written notices are mailed to the
addresses of property owners, as identified on the current Town's assessment role, within a radius of at
least one hundred and fifty metres (150 metres) from the application site, a minimum of fourteen (14)
calendar days prior to a briefing session where such application is discussed.
Notes of the proceedings of the briefing session shall be recorded and these notes, together with any
written representations, shall be considered by Council when it makes its decision on the matter, which
is the subject of the briefing session.
An elected member of Council shall act as Chairperson of the briefing session.
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2.4.6
Approval in Principle
Council may grant an approval in principle if it determines that the proposed development complies
generally with the intent and purposes of the Municipal Plan and these Regulations.
Council shall attach to the approval in principle such conditions that it deems necessary to ensure the
proposed development shall be in accordance with the Plan and these Regulations. It shall also outline
such details that the applicant shall be required to address before a final development permit shall be
granted.
An approval in principle shall be valid for a period of one (1) year and may be extended for one (1)
additional year, up to a maximum of two (2) years.
Where Approval in Principle is granted under these Regulations, it shall be subject to the subsequent
approval by Council of the details and conditions as listed in the Approval in Principle, which shall be
received not later than one year from the issuance of the Approval in Principle. If the details and
conditions are not received, and there is no request for an extension, then the Approval in Principle is
void and the application is rejected.
Approval in principle shall not constitute permission to commence development. No form of
development shall commence until Council has issued a proper development permit.
Council may revoke approval in principle if it determines that the applicant has changed the proposed
development in a way that significantly alters the original intent of the application or has not adequately
addressed conditions or details stipulated in the approval in principle.
A decision by Council on an application for an approval in principle can be appealed in accordance with
Section 42 of the Urban and Rural Planning Act, 2000.
2.4.7
Approval of Development Permit
1. A written development permit issued by Council or its designated staff shall constitute permission to
develop in accordance with these Regulations, but such permission shall not relieve the applicant
from full responsibility for obtaining all other permits or approvals prior to commencement of
development and complying with all other regulations and statutes during development.
2. Council may attach conditions to a development permit to ensure compliance with the Municipal
Plan and these Regulations, and the permit holder shall be responsible for full compliance with these
conditions. When approving an application for a discretionary use, Council shall state in writing the
basis for its approval.
3. A permit is valid for such period, not in excess of two years, as may be stated therein, and if the
development has not commenced, the permit may be renewed for a further period not in excess of
one year, but a permit shall not be renewed more than three years; except for Signs (see Section
7.2).
4. No person shall change the application for which a development permit was issued unless written
approval of the change has been issued by Council.
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5. A copy of the development permit, along with plans and specifications, shall be kept on the site until
the development is completed.
6.
A decision by Council on an application to undertake development can be appealed in accordance
with Section 42 of the Urban and Rural Planning Act, 2000.
2.4.8
Permit responsibilities of the applicant
The applicant shall meet the requirements of the Regulations and conditions attached to the permit to
develop. Even though an applicant may receive a municipal development permit, the applicant is
responsible for ensuring compliance with all relevant federal and provincial legislation, regulations,
policies and guidelines prior to commencing a land use or development approved under these
Development Regulations. Council may require proof of compliance with federal or provincial
requirements before issuing municipal approval.
2.4.9
Temporary Use Permit
Definition: A temporary use permit means a permit for a development or the use of land that is limited
in scope, duration and frequency and is allowed to operate on a short-term basis, such as, a temporary
outdoor market.
Conditions:
At its discretion, Council may issue a development permit for a temporary use, which must comply with
the Municipal Plan and these Regulations. The permit may be for a period not exceeding one (1) year
and may be extended at the request of the applicant for one (1) additional year, up to a maximum of
two (2) years. The permit may be issued for a shorter period of time on an annual basis.
2.4.10
Correction of Errors and Remedial Work
The approval of any plans or drawings or the issuance of a Development Permit or permit shall not
prevent Council or any officer from thereafter requiring the correction of errors or from ordering the
cessation of, or remedial work on any development being carried out in the event that the same is in
violation of these or any other regulations or statutes.
2.4.11
Revoke Permit
Council or any designated officer may revoke an approval and any subsequent permits for (1) failure by
the holder, to comply with these Regulations or any condition attached to the permit or (2) where the
permit was issued contrary to the applicable regulations or (3) was issued on the basis of incorrect
information or issued in error.
2.4.12
Fee for Permit
Council may charge a fee for a development permit in accordance with the annual schedule of fees
adopted by Council.
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2.4.13
Written Reasons for Refusing a Permit or Setting Conditions on a Permit
1. Council shall, when refusing to issue a permit or attaching conditions to a permit:
a.
state the reasons for so doing; and,
b. advise the applicant of their right to appeal in accordance with Section 42 of the
Urban and Rural Planning Act, 2000.
2. Where a Development Permit application for a land or building development or for an
amendment to the Development Regulations has been effectively denied by a resolution of
Town Council, application for the same development, building or amendment shall not be
considered within 12 months of the date of the previous refusal.
2.4.14
Refusal: Premature development
No permit shall be issued for development within the Municipal Planning area when:
in the opinion of Council, it is premature by reason of the site lacking adequate road access, power,
drainage, sanitary facilities, or domestic water supply, or being beyond the natural development of the
area at the time of application,
UNLESS
the applicant contracts to pay the full cost of construction of the services deemed necessary by Council
and such cost shall attach to and upon the property in respect of which it is imposed.
2.4.15
Appeal
The person to whom a Town's decision applies shall have the right to appeal that decision in accordance
with the provisions of Sections 42 to 46 of the Urban and Rural Planning Act, 2000 and Sections 5 to 11
of the Development Regulations under the Urban and Rural Planning Act, 2000.
The applicant must be informed of the right to appeal in the letter of refusal.
2.4.16
Register
Council shall keep a register of all applications for development and shall enter therein Council's decision
upon each application and the result of any appeal from that decision.
2.5
SPECIAL CONDITIONS FOR DEVELOPMENT
2.5.1
Development Agreement
Definition: A development agreement is a voluntary contract between a local jurisdiction and a person
who owns or controls property within the jurisdiction, detailing the obligations of both parties and
specifying the standards and conditions that shall govern development of the property.
These agreements can specify various elements of the development process ranging from phasing of a
larger comprehensively planned community, to tax-sharing for retail development, to critical
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infrastructure responsibilities. Development agreements are sometimes used in combination with a
Planned Unit Development (Section 2.5.1) Development Scheme, Section 29 of the Urban and Rural
Planning Act, 2000, and a Subdivision application. The Development Agreement is in the form of a
binding agreement that specifies the negotiated terms of the development, but these tools may also be
used independently.
Where a Development Agreement is required as a condition of a Development Permit or Approval-in-
Principle, the Development Agreement set out the terms specific to that agreement and shall be signed
by the applicant and Council within one year of the approval granted by Council.
Development cannot proceed until all conditions of the Development Permit are met and the
Development Agreement is signed by the applicant and Council.
2.5.2
Planning Impact Analysis
Council may require a Planning Impact Analysis to evaluate any proposed land use, development and/or
situation that affects the implementation of policies contained in the Municipal Plan.
A Planning Impact Analysis (PIA) may be used to evaluate applications to determine the appropriateness
of a proposed change in land use, and to identify potential issues and provide proposals for mitigation.
The PIA shall document the criteria used through the application review process.
The Terms of Reference for a Planning Impact Analysis shall be approved by Council prior to its execution
and shall become an integral part of the report itself. The PIA shall be prepared by qualified
individuals/consultants. The report and any supporting studies may be prepared at the expense of the
applicant, at Council's discretion.
2.5.2.1 General Proposals
Where a Plan amendment and/or Development Regulations amendment application is for a general
change in land use and does not relate to specific development proposal, or where site specific
information on the future development of the site is not required, all or some of the following criteria
may be considered:
a. compatibility of proposed uses with surrounding land uses, and the likely impact of the
proposed development on present and future land uses in the area;
b. the size and shape of the parcel of land on which a proposal is to be located, and the ability of
the site to accommodate the intensity of the proposed use;
c.
the supply of vacant land or vacant buildings in the area which is designated and/or zoned for
the proposed uses;
d. the potential traffic generated by the proposed change, considering the most intense land uses
that may be permitted by such a change, and the likely impact of this additional traffic on Town
streets, pedestrian and vehicular safety, and on surrounding properties.
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2.5.2.2 Site/Development Specific Proposals
Where a Plan amendment and/ or Development Regulation amendment is for a specific development
proposal, or where more site specific and detailed information on the type and nature of future
development is required, all, or some, of the following criteria may be considered:
a.
all of the criteria listed in the policies of the Plan;
b. the height, location and spacing of any buildings in the proposed development, and any
potential impacts on surrounding land uses;
c.
the location of vehicular access points the likely impact of traffic generated by the proposal on
streets, pedestrian and vehicular safety, and on surrounding properties;
d. the exterior design in terms of bulk, scale, and layout of buildings, and the integration of these
uses with present and future land uses in the area;
e. the potential impact of the development on surrounding natural features and heritage
resources;
f.
constraints posed by the environment, including but not limited to locations where adverse
effects from landfill sites, sewage treatment plants, methane gas, contaminated soils, noise,
ground borne vibration, and rail safety may limit development;
g. compliance of the proposed development with the provisions of the Town's Municipal Plan and
Development Regulations; and,
h. measures planned by the applicant to mitigate any adverse impacts on surrounding land uses
and streets which have been identified as part of the Planning Impact Analysis.
An applicant for a proposed change in land use may be required to provide information and details on
the development and its likely impacts.
The report shall identify significant impacts, evaluate their importance, and recommend a Mitigation
Plan indicating measures of control or mitigation, where appropriate.
Prior to the approval of a Planning Impact Analysis, Council shall provide adequate time for a public
review of the report, using the procedures for public notification as outlined in Section 2.4.4.
2.5.3
Financial Guarantees by Developer
Council may require a developer, before commencing a development, to make such financial provisions
and/or enter into such agreements as may be required to guarantee the payment of service levies,
ensure site reinstatement, and to enforce the carrying out of any other condition attached to a permit
(including landscaping). The financial provisions may be made in the form of:
a. a cash deposit from the developer, to be held by Council;
b.
a security or guarantee by a bank, or other institution acceptable to Council, for expenditures by
the developer;
c. a performance bond provided by an insurance company or a bank, or;
d. an annual contribution to a sinking fund held by Council.
The financial guarantee shall be returned when the site has been restored and any conditions attached
to the development permit have been carried out to Council's satisfaction.
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2.5.4
Service Levy
Council may require a developer to pay a service levy where development is made possible or where the
density of potential development is increased, or where the value of real property is enhanced by the
carrying out of public works either on or off the site of the development (Section 149 (2) Municipalities
Act, 1999).
A service levy shall not exceed the cost, or estimated cost, including finance charges to Council of
constructing or improving the public works referred to above that are necessary for the real property to
be developed in accordance with the standards required by Council and for uses that are permitted on
that real property.
A service levy shall be assessed on the real property based on: (a) the amount of real property benefited
by the public works related to all the real property so benefited, and (b) the density of development
made capable or increased by the public work.
Council may require a service levy to be paid by the owner of the real property; (a) at the time the levy is
imposed, (b) at the time development of the real property commences, (c) at the time development of
the real property is completed, or (d) at such other time as Council may decide.
2.5.5
Require Land Conveyed for Public Work Purpose
A Council may, for a development that is not involving a subdivision, require a portion of the land to be
developed to be conveyed to the Town for a public purpose where public works are required to
accommodate the proposed for development.
2.5.6
Land for Park/Public Use in Subdivisions
Council may require the dedication of a percentage of the land area of any subdivision or other
development not more than 10% to be developed as park land or other public use, and such land shall
be conveyed to Council in accordance with Section 37 of the Urban and Rural Planning Act, 2000. The
Town may consider cash in lieu as well.
2.5.7
Restoration of Land
Where the use of a site is discontinued, the intensity of its use is decreased, a development permit has
been revoked or has expired, or a temporary development permit has expired, Council may order the
developer, the occupier of the site, the owner, or all of them to restore the site, remove all or any
buildings or erections, cover or fill all wells or excavations, and close all or any accesses, or to do any or
all of these things, as the case may be, and the developer, occupier or owner shall carry out the order of
Council and shall put the site in a clean and sanitary condition to Council's satisfaction.
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2.6
ENFORCEMENT AUTHORITY
2.6.1
Delegation of Authority
The Urban and Rural Planning Act, 2000 provides for delegation of authority under Section 109
regarding enforcement.
An order made by an employee shall be confirmed by a majority vote of the members of the council
present at the next meeting of that Council after the order is made and if the order is not confirmed in
this manner, it shall be considered to be cancelled.
2.6.2
Right of Entry under Section 105, Urban & Rural Planning ActJ 2000
Council or an officer may enter upon any public or private land and may at all reasonable times enter
any development or building upon the land for the purpose of making surveys or examinations or
obtaining information relative to the carrying out of any development, construction, alteration, repair,
or any other works whatsoever which Council is empowered to regulate.
2.6.3
Enforcement Authorities under Section 102, Urban & Rural Planning Act, 2000
1. Where it is determined that a use of land or development is contrary, or apparently contrary, to the
Municipal Plan and Development Regulations, Council may initiate enforcement measures by issuing
a stop work order.
2. A stop work order requires that person to stop the development or work connected therewith
pending the final adjudication in any prosecution arising out the of the development.
3. Every inspector shall keep a record of any violation of these Regulations and report that violation to
Council.
4. A person who does not comply with an Order is guilty of an offence under the provisions of the
Urban and Rural Planning Act, 2000.
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3.0
LAND USE ZONES
3.1
INTERPRETATION OF LAND USE ZONING AND DEVELOPMENT STANDARDS
3.1.1
Land Use Zones
1. The Municipal Planning area is divided into Land Use Zones which are shown on the Land Use Zoning
Maps attached to, and forming part of, these Regulations. For each zone, the intent and governing
policies are set out in Chapter 3 of the Municipal Plan.
2. The boundaries of the Use Zones shown on the Land Use Zoning Maps are general only and, except
where they coincide with roads, shorelines, or other prominent physical features, are not intended
to define exact limits. No Development Regulation amendment shall be required in order to
accommodate minor adjustments of the Use Zone boundaries.
3. Other than such minor boundary adjustments, no development shall be permitted that does not
conform to the Use Zone delineated on the Land Use Zoning Maps.
4. Where there is uncertainty regarding the existence of a watercourse identified on the zoning map,
this can be confirmed in the field. If it is determined that the watercourse does not exist, the area in
question shall be treated as if it is occurring within the surrounding zone.
5. The following zones were developed to reflect the needs of the Town of Clarke's Beach. The
Municipal Plan states the Intent and Policies for each of the land use classes. The Development
Regulations enable the implementation of these policies through the following zones:
1. Residential Medium Density
2.
Residential Rural
3. Commercial
4. Recreation Vehicle Park
5. Town Centre
6. Environmental Protection
7. Open Space, Park & Trails
8. Protected Water Supply
9. Rural
3.1.2
Use Zone Tables
This Chapter provides a Use Zone Table for each zone which sets out the permitted, and discretionary
uses for each Zone. The standards, requirements and conditions applicable to these Uses are set out in
an associated Site Development Standards table and also in more detail in Chapters 4, 5, 6 and 7.
3.1.2.1
Permitted Uses
Subject to these Regulations, Permitted Uses set out in the Use Zone Table shall be permitted by
the Council in that Use Zone provided that it meets the development standards and
requirements of the Development Regulations.
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3.1.2.2
Discretionary Uses
The discretionary uses listed in the Use Zone Tables may be permitted at the discretion of
Council, provided that they are complimentary to uses within the permitted use class, or that
their development shall not inhibit or prejudice the existence or the development of such uses.
(Refer to the Development Standards set out in Chapters 3, 4, 5, 6 and 7).
Council must be 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.
Council is required to provide public notice of the application in accordance with Provision 2.6.3
and has considered any objections or representations which may have been received on the
matter
3.1.3
Accessory Uses and Accessory Building
Accessory Use as defined in the Minster's Development Regulations (see Appendix 1) ' ... 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 ... ';
Definitions and examples of an accessory use and accessory building is provided in Chapter 5.
A permit is required for accessory uses and accessory buildings.
3.1.4
Uses Not Permitted (Prohibited)
Uses that are not listed as Permitted or Discretionary Use on a Use Zone Table shall not be permitted in
that Use Zone.
3.1.5
Uses Permitted in All Land Use Zones
The following uses shall be permitted in any land use zone.
1. Conservation Land Use Class (Environmental protection, open space uses) including parks and
pedestrian trails and lands set aside for environmental protection purposes (Section 4);
2. Mineral exploration not classed as 'Development' (Section 4.4.8);
3. Development associated with public infrastructure and services, including public transportation
infrastructure and utilities - Refer to Section 4.8;
3.1.6
Development Conditions and Standards
1. All Development within the Municipal Planning area must conform to:
a. Policies set out in the Municipal Plan;
b.
Development standards and conditions set out in the Chapters of the Development
Regulations; and,
c.
Standards set out in the National Building Code and ancillary codes (plumbing, electrical,
etc.);
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d. Any other municipal regulation or bylaw in force in the Municipal Planning area regulating or
controlling development, conservation, heritage, fences, and use of land and buildings under
the Municipalities Act, 1999;
e.
Requirements of Federal and Provincial legislation, regulations, policies and guidelines.
2. If Council is aware that a proposed development may not comply with Provincial or Federal
legislation, it may require the applicant to provide confirmation that necessary government
approvals have been obtained before issuing a development permit.
3.
If Council deems that a proposed development may trigger the requirements of the Environmental
Protection Act, 2002 the proponent shall be advised to consult with the Environmental Assessment
Division and a development permit cannot be issued until this process is complete.
4. Where these Regulations are more stringent than Provincial or Federal legislation, these Regulations
shall apply.
5. If the proposed development is not a use that is a permitted or discretionary use in the Zone where
the land is located; then, the applicant may consider an application to rezone the property.
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3.2
RESIDENTIAL MEDIUM DENSITY ZONE
USE ZONE TABLE: RESIDENTIAL MEDIUM DENSITY
PERMITTED USES
-Single detached dwelling (4.7.1}
-Semi-detached (double) dwelling (4. 7.2}
-Subsidiary apartment (5.1.2)
-Home businesses (5.3) All-except Bed &
breakfast, Personal service and Art gallery,
which are specifically listed under Discretionary
use
-Uses set out in 3.1.5
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DISCRETIONARY USES
-Townhouse (4. 7.3}
-Garden Suite (4. 7. 7}
-Apartment building (4.7.4}
-Mobile home or mini-home (4. 7.8)
-Assisted Living-Residential (4. 7.6.1}
- Non-profit housing (4. 7.6.2}
- Transitional housing (4.7.6.5}
-Convenience store (4.3.11)
-Home business (5.3): Bed & breakfast, Personal
service and Art gallery
-Urban agriculture (4.2.2}
-Cemetery (4.6.1)
-Public Gathering Places-Indoor (4.6.4}
-Energy generating facility- residential only (4.4.3}
-Automotive Repair shop (4.3.4}
-Resort-cottages or tourism cabins only (4.3.23)
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DEVELOPMENT STANDARDS:
RESIDENTIAL MEDUM DENSITY ZONE
Infill: Single
Single
Semi-
detached
Detached
Detached
Townhouse
dwellings only-
Minimum Standards:
Dwelling
Dwelling
(Row housing)
See Condition 2
Lot size - metres2
669
270/unit
180/unit
350
Frontage (metres)
At discretion of
6/unit+9 for each
Council
15
9/unit
end unit
Building Line (metres)
8 or at the discretion of Council
Side Yards (metres)
1.2
1.2
3
1
Recommended Flanking
4
Yard (metres)
6
8
5-7
Rear Yard (metres)
6
6
8
6
Lot Coverage
40%
40%
40
40
Maximum Standards:
Maximum Height
12
(metres)
12
12
12
DEVELOPMENT STANDARDS: RESIDENTIAL MIXED DENSITY ZONE
Apartment/Multi-Unit Residential Building
Minimum standards:
Lot area per unit (metre2)
140
Frontage (metres)
At discretion of Council
Front yard (building line setback (metres)
Flanking yard (metres)
Side Yard (metres)
Rear yard (metres)
Maximum standards:
Lot Coverage
Height (metres)
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Conditions
(1) Development must conform to the requirements of Section 3.1.6.
(2) No home is to be built where the 'end' is facing the street, that is, every house must have a main
entrance facing the street and a front fa~ade facing the street;
(3) Special conditions for 'Infill, residential'
Definition: A residential infill development is a single-detached dwelling on a lot does not meet the
development standards of the zone due to the constraints of existing surrounding development and
to acquire land from adjacent properties would render those properties as non-conforming. This
does not include a substandard property abutting vacant land.
a. Infill lots shall only be considered in areas served by municipal water and sewer services and
adjacent property owners must be notified as per the notification requirements for a
discretionary use.
b. The sideyards and rearyard requirements can be exchanged for infill lots only where the
adjacent development has sufficient separation to ensure that the primary buildings on each lot
are 10 metres apart.
c.
Council shall review infill development to ensure:
i.
the type, scale, massing, and design of the development is generally appropriate
to the neighbourhood;
ii.
preservation of side/ back/ front yards for public safety requirements;
iii.
Building line setbacks shall conform to the existing development pattern; and,
iv.
adequate provision is made for light, privacy, and amenity.
(4) Back Lots
In the residential zone, where the configuration of existing parcels of land does not support traditional
residential subdivision of land where each lot has a minimum frontage to a street, the Council may
consider a proposal to subdivide land and develop new parcels through the Back lot development,
where a driveway from the street, forming part of the lot, provides access to the larger developable
portion of the parcel, provided that:
a. The backlot driveway access area of the lot shall not be calculated as part of the minimum parcel
size area required by the Development Regulations for that zone, and the backlot driveway shall be
constructed to meet standards to provide for a durable road surface for emergency access vehicles,
and include provision for road drainage.
b. The backlot access width shall be a minimum of an unobstructed 6 m for a single back lot.
c.
For two adjacent Back lots, the minimum width of each Backlot access may be 4 metres for each
access, subject to compliance at the time of subdivision;
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d.
If there is potential for future development beyond the two Back lots, then a 12-metre easement is
required to accommodate this larger residential subdivision (including accommodation of surface
runoff from the additional development);
e.
Registration at the Registry of Deeds of a cross easement access agreement on the title of both Back
lots for shared use and maintenance of the Backlot driveway access;
f.
The maximum length of a Backlot access shall be 200.0 metres;
An illustration of the layout for backlot development is provided below; note that it
is a conceptual drawing, not to scale
Future lot
Future lot
BACKLOT
#2
Existing
House
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Lane
length
-Max.
200m
Future lot
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Future lot
z
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;;;>z
!;; ..,
... 8
BACKLOT
#1
If it is only one backlot
e
development, then lane
in
may be 6 m wide
::!.
!z
w
:!: !
Existing
House
EXISTING ROAD
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3.3
RESIDENTIAL RURAL ZONE
USE ZONE TABLE: RESIDENTIAL RURAL
PERMITTED USES
DISCRETIONARY USES
-Single detached dwelling (4. 7.1)
-Assisted Living-Residential (4. 7.6.1)
-Subsidiary apartment (5.1.2)
- Supportive housing (4. 7. 6.3)
-Uses set out in 3.1.5
- Transitional housing (4.7.6.5)
-Urban agriculture (4.2.2}
-Energy generating facility- residential only (4.4.3)
Prohibited: Mobile home, Mini-home
DEVELOPMENT STANDARDS: RESIDENTIAL RURAL
Single Detached Dwelling
Minimum Standards:
No services provided
One service: water
Lot area (metres2)
1860
1400
Frontage (metres)
30
23
Building Line Setback (metres)
8
8
Side yard Width (metres)
5
5
Side yard, Flanking (metres)
15
15
Rear yard Depth* (metres)
15
15
Maximum standards:
Height (metres))
10
10
Conditions
(1) Development must conform to the requirements of Section 3.1.6.
(2) No municipal services shall be provided. However, the Town may allow a connection where the
development is immediately adjacent to the service, and the Town deems the connection necessary.
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3.4
COMMERCIAL
USE ZONE TABLE : COMMERCIAL ZONE
PERMITTED USES
DISCRETIONARY USES
- Commercial Land Use Class {4.3): All Uses, EXCEPT,
-Apartment building (4. 7.7) with commercial
Amusement Park, Campgrounds, Resort
on main floor
- Transitional housing {4.7.10.5}
- Institutional/Public Land Use Class-All Uses {4.6)
-Public Gathering - Indoor (4.6.4}
EXCEPT Cemetery (4.6.1)
- Emergency shelter {4.7.10.4)
-Uses set out in 3.1.5
DEVELOPMENT STANDARDS: COMMERCIAL USE
Minimum Standards:
Front yard (building line) (metres)
At the discretion of Council
Side yard (metres):
1 - 5 at the discretion of Council
Flanking yard (metres):
4 - 6 at the discretion of Council
Rear yard (metres):
5
Maximum Standards
Height (metred)
15
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
(2) Notwithstanding the standards in the Use Zone Table, Council may require the building line setbacks
(building line) of new building to complement the setbacks of existing conforming buildings on
adjoining or nearby lots on the same street and may allow buildings be permitted to abut existing
sidewalks.
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3.5
RECREATIONAL VEHICLE PARK ZONE
USE ZONE TABLE: RV PARK
PERMITTED USES
DISCRETIONARY USES
-Campgrounds (4.3.9}
-Uses set out in 3.1.5
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
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3.6
TOWN CENTRE ZONE
USE ZONE TABLE: TOWN CENTRE
PERMITTED USES
DISCRETIONARY USES
- Offices (professional, financial and associated support
-Contractor-General {4.4.2)(see condition
services) {4.3.22}
#2}
-Uses set out in 3.1.5
DEVELOPMENT STANDARDS: TOWN CENTRE
Commercial
Minimum Standards:
Building Line (metres)
At discretion of Council
Side Yards (metres)
3
Flanking Yard (metres)
5
Rear Yard (metres)
10
Maximum standards:
Lot Coverage %
38
Maximum Height (metres)
15
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
(2) Contractor-General use is only allowed for the Town Depot and equipment used by the Town;
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3.7
ENVIRONMENTAL PROTECTION ZONE
USE ZONE TABLE: ENVIRONMENTAL PROTECTION
PERMITTED USES
DISCRETIONARY USES
- Environmental Protection {4.5.1)
-Marina {4.3.16} (see Condition #3}
- Open Space, Parks and Trails uses,
- Forest activities-domestic harvest only
(4.4.4}
-Uses set out in 3.1.5
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
(2) Any development within a specified distance of a designated trail or water course shall be reviewed
to ensure that development does not negatively impact such trail or watercourse and the property
owner may be required by the Town to provide a buffer.
(3) Wharfs, docks, slipways and boathouses are allowed as accessory uses to a primary use.
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3.8
OPEN SPACE, PARKS AND TRAILS ZONE
USE ZONE TABLE: OPEN SPACE, PARKS AND TRAILS
PERMITTED USES
DISCRETIONARY USES
-Conservation -All uses (4.5) which
- Public gathering places-outdoor (4.6.5)
includes Environmental Protection and
-Restaurant- Mobile Take Out, Street Vendor only
Open Space, Park and Trails uses
{4.3.24.3)
-Uses set out in 3.1.5
-Outdoor Market (4.3.20)
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
(2) Development standards for Open Space, Parks and Trails are according to conditions listed under the
definitions;
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3.9
PROTECTED WATER SUPPLY ZONE
USE ZONE TABLE
PROTECTED WATER SUPPLY ZONE
PERMITTED USES
DISCRETIONARY USES
-Environmental Protection (4.5.1)
-Mineral Working (4.4.9}
-Cottage (4. 7.5) - refer to condition 5
-Mineral Exploration - development {4.4.8}
-Forestry (4.4.4}
-Commercial Agriculture (4.2.1} Refer to condition 4
-Resort (4.3.23)
-Uses set out in 3.1.5
Conditions:
(1) All land use and development activities within a designated Protected Water Supply under the
Water Resources Act must be referred to the Water Resources Division of the provincial government
for review and approval. No development is allowed without Water Resources approval. Refer to
sections 6.1.6 Water Body Protection for more information regarding provincial government
requirements.
(2) Any work within this designated Protected Public Water Supply Area must comply with the Water
Resource Management Division's "Policy for Land and Water Related Developments in Protected
Public Water Supply Areas".
(3) No development other than vegetation can occur within the following buffers:
Water Body
Width of Buffer Zones
a minimum of 150 metres
Intake pond or lake
River intake
Main river channel
a minimum of 150 metres for a distance of one km upstream and 100 m downstream
a minimum of 75 metres
Major tributaries, lakes or ponds
Other water bodies
a minimum of 50 metres
a minimum of 30 metres
(4) The Blueberry Management Areas in the Protected Water Supply zone, established under the Lands
Act, 1990, are to be protected for the primary use of commercial agriculture. If commercial
agriculture is discontinued and there is an application for another use of the site, the Town must
consult with the Land Stewardship Resources Division before issuing any development permit.
(5) Cottage development is limited to remote cottages only; no cottage subdivision development is
allowed within the Protected Water Supply zone.
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3.10
RURAL ZONE
USE ZONE TABLE: RURAL ZONE
PERMITTED USES
DISCRETIONARY USES
-Commercial Agriculture (4.2.1) -see Condition 4.
-Outdoor Market (4.3.20}
-Forestry Activities (4.4.4}
-Natural Resource Use (4.4.11)
-Mineral Working (4.4.3}
-Natural Resource-Related Uses (4.4.12)
-Weapons Range
-Marina (4.3.16}
-Cottage (4.7.5}
-Cemetery (4.6.1}
-Uses set out in 3.1.5
-Residential: (1) Single detached dwelling only in
association with a permitted use (4.7.2} such as
commercial agriculture
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
(2) No municipal services shall be provided. However, the Town may allow a connection where the
development is immediately adjacent to the service, and the Town deems the connection necessary.
(3) The Development standards are at the discretion of Council.
(4) The Blueberry Management Areas in the Rural zone, established under the Lands Act, 1990, are to
be protected for the primary use of commercial agriculture. If commercial agriculture is discontinued
and there is an application for another use of the site, the Town must consult with the Land
Stewardship Resources Division before issuing any development permit.
(5) An overlay of the Federal Weapons Range, Department of National Defence, is shown in the Rural
zone on the Land Use Zoning map: no applications for development are to be accepted within this
area.
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3.11 PROVINCIAL AND FEDERAL INTEREST OVERLAYS
The following Provincial and Federal Interest overlays are shown on the Future Land Use Map and the
Land Use Zoning map. The Government Agency requirements regarding these interests are indicated
below:
a.
Blueberry Management Area: Any development proposed within the Blueberry Management
Area must be referred to the Land Resources Stewardship Division for review and comment;
b. 300m Quarry Buffer: Within the 300 metres Quarry Buffer, development applications must be
sent to the Mineral Lands Division for approval; in order to prevent conflict between non-
compatible land uses;
c.
Survey Control Monument: There are 29 survey control markers shown on the mapping and
these can be viewed in greater detail at: https://arcg.is/lrWnSC . Any development applications
occurring in the vicinity of these markers must be referred to the GIS & Mapping Division;
d. Weapons Range: This land is owned by the Department of National Defence. No applications are
to be accepted in this area.
e.
Building Control Line: Protected Road Zoning Regulations apply with regard to the Trans-Canada
Highway; any development within 400 metres of the centreline of the Trans-Canada Highway
shall be referred to the Government Service Centre, Department of Digital and Government and
Service NL. A permit for development within 400 metres of the highway cent reline is required
from both the Town and the Government Service Centre.
f.
Domestic Harvest Area: Forestry activity within the Domestic Harvesting Area must be allowed
to continue unimpeded; any applications for development within the Domestic Harvesting Area
shall be referred to the Forestry Branch, Depart ment of Fisheries, Forestry and Agriculture.
g.
100m Well Referral Buffer: A 100-metre referral buffer for two wells that are regulated by
Department of Digital Government and Service NL; any development applications within this
buffer shall be referred to the Department of Digital Government and Service NL for review and
recommendations.
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4.0
LAND USE AND DEVELOPMENT DEFINITIONS AND STANDARDS
4.1
INTERPRETATION
The land use definitions provide a description of the use or development in terms of its structural form
and level of activity generated in terms of pedestrian or vehicular traffic, noise, visual appearance, and
any other considerations that constitute the impact the neighbourhood, street or zone in which it
occurs. The examples provided are not intended to be exhaustive so that if a new use with a modern
'label' fits a category of use defined under a land use class, Council may, in its discretion apply the
relevant the regulations and conditions accordingly.
Wherever possible, the goal was to achieve consistency with federal and provincial terms and
definitions.
4.2
AGRICULTURE LAND USE CLASS
4.2.1
Commercial Agriculture:
Definition: Commercial Agriculture means of farm operation as specified in the Farm Practices
Protection Act, 2000.
Conditions:
(1) No structure for a Livestock and Poultry Farm Operation shall be erected or used unless it complies
with the following conditions. (Environmental Farm Practices Guidelines for Livestock Producers in
Newfoundland and Labrador and Environmental Farm Practices Guidelines for Poultry Producers in
Newfoundland and Labrador);
(2) The structure shall be at least 600 m from:
a.
a residence (except a farm residence or a residence which is a nonconforming use in any
zone in which agriculture is a permitted use class in the Use Zone Schedules of these
Regulations),
b.
an area designated for residential use in an approved Plan, and
c.
a Provincial or Federal Park.
(3) The structure shall be at least 45 metres from the boundary of the property on which it is to be
erected.
(4) The structure shall be at least 90 metres from the centre line of a street.
(5) The erection of the structure shall be approved by the Land Stewardship Resource Division,
Government of Newfoundland and Labrador.
(6) Manure storage must be located 100 metres from the boundary of the property; Service NL must
approve all manure systems
(7) No development for residential use shall be permitted within 600 metres of an existing structure
designed to contain more than five animal units unless the development is first approved by the Land
Stewardship Resource Division, Government of Newfoundland and Labrador.
(8) Approvals must be obtained from the Land Stewardship Resource Division, Government of
Newfoundland and Labrador for any commercial farming operation.
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(9) The Town, in its discretion, may refuse to issue a permit for an agricultural operation where in its
opinion the use is likely to create an environmental hazard or a nuisance to residences in the general
vicinity of the proposed agricultural use.
{10)
The identified locations of Blueberry Management Areas established under the Lands Act, 1990,
are to be protected for the primary use of commercial agriculture. If commercial agriculture is
discontinued and there is an application for another use of the site, the Town must consult with the
Land Stewardship Resources Division before issuing any development permit.
4.2.2
Urban Agriculture
Definition: Urban Agriculture means non-farm operation agricultural activities that are compatible
within a developed urban setting, such as some residential and mixed-use zones, and includes, but is not
limited to, horticulture, vegetable growing, fruit growing, and the use of land as market gardens, nursery
grounds, and community gardens, and the keeping of domestic animals, such and livestock, poultry and
dogs.
4.2.2.1
General Conditions:
(1) Urban agricultural uses must meet the requirements for a home business (refer to section 5.3
below);
(2) A permit is not required for any residential market garden or home gardening that does not involve
permanent structures, on-site sales, or keeping of animals.
4.2.2.2
Community Garden
A community garden use shall be subject to the following conditions:
(1) Community gardens are to be maintained in a neat and tidy fashion; and
(2) All disturbed areas not comprising the area of the community garden are to be reinstated with a
minimum of grass sods to the satisfaction of the Town.
4.2.2.3
Livestock, Poultry and Fowl Conditions
The following guidelines are provided for Council when making a discretionary decision regarding urban
livestock and poultry and fowl:
(1) For every 0.4 hectare (with a minimum of 0.4 hectares), only one of any of the following is allowed
(or a combination):
a.
2 of these livestock species: cow, bull, horse, mule, ass, swine or llama, and includes
their young;
b.
6 sheep/goats;
c.
12 head of poultry or fowl (excluding roosters);
d. 12 rabbits; a nd,
(2) On lots smaller than 0.4 hectares, but greater than 669 m2 = 4 chickens, no roosters shall be allowed.
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4.2.2.4
Kennel
Definition: Kennel means a building or portion thereof used for the keeping or boarding of more than
eight (8) domestic animals, excluding livestock, kept for the purposes of commercial breeding or
showing, or for personal use, with or without veterinary care, and includes an animal shelter.
Conditions:
(1) appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
(2) the outside perimeter of all areas related to the kennel where animals are kept shall be enclosed by
a solid fence or fence and a solid hedge at least 1.8 metres in height to screen the areas from
adjacent properties;
(3) the kennel must be located on a lot of 2 hectares or more;
(4) all buildings related to the kennel should contain at least 8 cm of insulation in all exterior walls and
ceiling for the purpose of soundproofing;
(5) all buildings, pens and runs shall be sited not less than 15 metres from any property line, and 90
metres from any residence except the kennel site; and,
{6) Council shall be satisfied that the kennel shall not impact upon surrounding residential
neighbourhoods.
4.3
COMMERCIAL LAND USE CLASS
This class includes land uses and development for activities providing for the sale of goods and services.
Generally, the Use Zone standards apply; however, as required, specific conditions are tailored to the
activity and associated traffic in order to address public health, safety and conservation issues and
achieve the intent of the community of the land use zone in which the activity is located.
4.3.1
Amusement Establishment/Use
Definition: Amusement establishment use means the use of land or a building or a part thereof used by
the public for indoor non-sport games, including but are not limited to, billiard and pool halls, bingo hall,
mechanical amusement games (more than three game machines), video games. It does not include
those on the premises of a hotel or bar.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Must address traffic access/egress and on-site movement as well as parking;
(3) For a temporary permit in particular, must address site rehabilitation after event;
4.3.2
Amusement Park/ Attraction
Definition: Amusement Park/attraction means an outdoor area where buildings or structures may be
permanently or temporarily erected for the purpose of amusement, entertainment or education of a
large number of people; including but are not limited to, a circus, carnival, midway show, race-track,
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sideshow, fairgrounds, or similar exhibition which may have mechanically or electrically operated
amusement rides or games, and theme parks.
Conditions:
(1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4);
(2) Must meet Use Zone Site Development Standards and conditions or except for temporary
amusement operations;
(3) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.3
Auto Body Shop
Definition: An auto body shop consists of a building or a clearly defined space on a lot used for the
storage and repair of motor vehicles including body repair, painting and detailing, but does not include a
service station or an automobile repair shop or an automotive sales establishment.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Must be of 20 metres from a residential lot;
(3) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
(4) There shall be no outdoor storage of inoperable vehicles on the premises and no scrapping of
vehicles shall be permitted;
(5) Must apply measures to minimize any noise, spray or fumes through the installation of appropriate
equipment; and all waste fluids and tires shall be disposed of in accordance with applicable provincial
regulations;
(6) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties; and,
(7) Council may require that a parking area abutting a residential lot be appropriately screened by a
fence, wall, or hedge of height of about 2.4 metres and located a minimum distance of 1 metre from
the edge of the parking area.
4.3.4
Automotive Repair Shop
Definition: An automotive repair shop means a development for the servicing and repair of motor
vehicles. This definition includes but is not limited to transmission repair shops, muffler repair shops, tire
shops, automotive glass shops, auto body repair, painting and detailing, and automotive upholstery
shops, but does not include an automotive sales establishment, a service station, or salvage or wrecking
and recycling yard.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
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(3) There shall be no outdoor storage of inoperable vehicles on the premises and no scrapping of
vehicles shall be permitted;
(4) Outline measures to minimize any noise, spray or fumes through the installation of appropriate
equipment; and all waste fluids and tires shall be disposed of in accordance with applicable provincial
regulations;
(5) A minimum buffer between residential use and vehicle repair, body repair, car wash shall not be
located closer than 20 metres from residential use; and,
{6) Council may require that a parking area abutting a residential lot be appropriately screened by a
fence, wall, or hedge of height not less than 1 metres and located a minimum distance of 1 metre
from the edge of the parking area.
4.3.5
Bar/Licensed Liquor Establishment
Definition: A Bar means a development licensed for the sale of alcoholic beverages to the public, for
consumption within the premises and where entertainment and meals may be provided. Typical Uses
include but are not limited to, dance clubs, cabarets, nightclubs, lounges, tavern, neighbourhood pubs
and bars, brewpubs (including beer or liquor produced onsite), beverage rooms, private clubs, cocktail
lounges, and similar uses.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions; and,
(2) Recommend consideration of a separation distance of 100 metres from a residential lot;
{3) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.5
Building Supply Store
Definition: A Building supply store means a building or land on which building and construction supplies
and home improvement materials are kept for sale.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions; and,
(2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
(3) Recommend that storage of supplies is appropriately screened and/or fenced in order to prevent
unsightly property.
4.3.6
Business Support Service
Definition: A Business support service means development used to provide support services to
businesses which are characterized by one or more of the following features: the use of mechanical
equipment for printing, duplicating, binding or photographic processing; the provision of office
maintenance, custodial or security service, and the sale, rental, repair or servicing of office equipment,
furniture and machines.
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Conditions:
(1) Must meet Use Zone Site Development Standards and conditions
(2) Standard: Appropriate noise and separation measures shall be incorporated into the development to
reduce noise impact on surrounding properties;
4.3.7
Campground, including RV campgrounds
Definition: Campground (including RV campgrounds) means a public or privately-operated facility
offering overnight to seasonal camping experiences for 3 or more tent sites or serviced recreational
vehicle sites, associated rental cabins, and including accessory administrative offices, convenience store,
laundry facilities, sanitary facilities, recreational hall and associated recreational uses that cater to short-
term guests, not to year-round residents and does not include industrial, work or construction camps or
permanent mobile home or mini-home parks;
Conditions:
(1) A proposed campground, including trailer and Recreational Vehicle Park, shall require a Planned Unit
Development application (2.2.2 & 2.2.4) satisfactory to Council containing the following information:
a.
Location and size of camp and trailer sites;
b.
Internal roads and accesses and parking areas
c.
Parking areas for proposed campground
d. Accessory uses such as laundry facilities, storage areas, washrooms, showers, convenience
store, staff accommodations, and outdoor and indoor recreation facilities;
e.
Water supply and waste disposal
f.
Landscaping for proposed campground
g.
Buffers and screening between the site and other nearby land uses
h. Delineation of the property to be developed on a legal survey
i.
Where deemed necessary by Council, a phasing plan for development.
j.
On-site water and sewer services must meet minimum standards required by Council and
relevant Provincial agencies.
k.
Washroom facilities, recreational areas, parking areas, and similar facilities directly
associated with the development shall not be located on separate properties.
(2) All camp sites and on-site facilities that form part of the development shall be accessible only via the
internal road network of the development.
(3) A travel trailer or deck attached to the travel trailer or any other building on a travel trailer shall not
be located closer than 2 metres to the property line of another non-campground residential
property;
(4) The development permit shall specify the maximum number of campsites for different uses such as
tents, trailers, and RVs that shall be permitted on the site.
(5) No expansion or alteration of a campground, other than repairs and maintenance, shall take place
without the approval of Council.
(6) No accessory uses (item d above) shall be located adjacent to a residential area;
(7) Buffers between the campground and adjacent residential areas shall be 10 metres and planted with
materials approved by the Town and/or a privacy fence of at least 2.4 metres in height and of a
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design approved by the Town, shall be provided where the development abuts a public road, right of
way, and/or present of future residential development;
(8) Any buffering or screening shall be properly maintained by the owner, and not allowed to fall into
disrepair or become unsightly.
(9) The operation shall comply with all regulations of Council pertaining to noise and unruly behaviour.
{lO)Where deemed necessary by Council, a deposit sufficient to cover the cost of buffers and screening
shall be deposited with Council until the work is completed in accordance with the approved plan.
(ll)The permit for a campground shall specify the maximum number of units and sites, and 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.
(12)Failure to comply with any conditions of the discretionary use permit may result in the Town
ordering the immediate cessation of the use for which the permit was issued.
4.3.8
Child Care - Non-residential (Note: residential child care is under Home Business)
Definition: Child care - Non-residential means a building or part of a building in which personal care
services are regularly provided to children for group day care, family day care, pre-school, play school,
out-of-school care, specialized day care, and emergency day care, all as licensed and regulated by the
Province of Newfoundland and Labrador, but does not include a school as defined by the Schools Act,
1997. (Note: child care - residential is found in section 5.4)
Conditions:
(1) A Child Care Centre shall be duly licensed and approved, staffed, equipped and operated in
accordance with the requirements of the agencies having jurisdiction or authority;
(2) The section of the street on which the use is located allows sufficient area and sight distance for the
safe and convenient drop off and pick up of children without hindering the safety and convenience
of vehicular and pedestrian traffic on the street, or the development provides adequate off-street
drop off or pick up spaces satisfactory to Council; and,
(3) The use must be compatible with nearby uses.
4.3.9
Club and Lodge
Definition: Club and Lodge means a building or structure used by a non-profit association or
organization for fraternal, social, or recreational purposes, including but not limited to such examples as,
the Lion's Club, Kinsmen Club. Note that this can also be an Accessory Use (refer to sub-section 5.1)
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Note that this can also be an Accessory Building (refer to section 5.1)
4.3.10 Contractor, Limited (Small)
Definition: Contractor, limited (small) means a building or part thereof providing services for electrical,
plumbing, heating, painting and similar contractor services to individual households including accessory
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sale of goods associated with this service where and there is no accessory manufacturing or fleet of
vehicles consisting of more than 4 vehicles.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
(3) Recommend that all materials are within an enclosed building
4.3.11 Convenience Store
Definition: Convenience store means a building which is used as a retail store providing a range of
household and grocery items, and may include, but not limited to, postal services, take-out, and may be
licensed to sell alcohol, but is not a supermarket. The convenience store may also be a subsidiary use
within a primary use, such as a service station.
Conditions:
(1) The store may form part of, or be attached to, a dwelling unit or be a stand-alone building;
(2) The retail use shall be subsidiary to the residential character of the area and shall not affect
residential amenities or adjoining properties;
(3) The take-out use shall be subject to the conditions set out in 4.3.26.1;
(4) Adequate provision for on-site parking, loading, buffering and landscaping must be provided;
(5) The hours of operation are appropriate to the nature of the building and surrounding
neighbourhood and the operation does not create a nuisance.
(6) Must meet Use Zone Site Development Standards and conditions;
(7) Council may require that a Take Out associated with a convenience store be subject to the following
standards:
a.
A Take-Out Food Use shall have a parking area or stacking lane with a minimum length
before the pick-up window, as determined by Council based on the anticipated on the level
of traffic to be generated as indicated in the application;
b.
Order boards and signage shall be designed to minimize impact on adjacent residential or
institutional uses.
c.
As determined by Council: A buffer consisting of a sound-proof fence and landscaping may
be required adjacent to residential uses. A fence, berm, and landscaping or a combination
of these elements shall be used to reduce headlight glare, lighting, and noise from the Take
Out; garbage receptacles shall be placed either before or after the pick-up window.
4.3.12
Custom Manufacturing Service (small/artisan)
Definition: Custom manufacturing service (small/artisan) means a building where goods are stored,
produced, assembled, or repaired to consumer specifications and sold at retail on the premises and may
include, but not limited to, welding, sheet metal, woodworking, flooring and tile contractors, and
machine shop.
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Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.13
Garage, Public parking /taxi stand
Definition: Garage, public parking/taxi stand means a building or area other than a private garage
where motor vehicles are kept or stored for remuneration which does not include any automatic car
washing establishment, a motor vehicle sales establishment or an automobile service station.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Recommend that it is located 20 metres from residential uses; and appropriate noise and separation
measures shall be required to reduce noise impact on surrounding properties;
4.3.14
General Service/Repair Shop
Definition: General Service/repair shop means an outlet for servicing, repairing, installing, or renting
items and equipment, without limiting the generality of the foregoing, includes but is not limited to the
following examples, radio, television, and computer service and repair shops; locksmith shops; small
appliance service or repair shops; household and limited contractor service or repair shops; tools and
equipment rental shops.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions
(2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
4.3.15
Hotel or Inn
Definition: Hotel or Inn means a commercial establishment offering lodging and guest services to
travelers and sometimes to permanent residents, and may have restaurants, meeting rooms, conference
facilities, a lounge, stores, etc., that are available to the general public. In general, to be called a hotel
(not a bed and breakfast), an establishment must have a minimum of five letting rooms accessed from
within the building, at least three of which must have ensuite private bathroom facilities.
Conditions:
(1) Require to submit a Planned Unit Development application (2.2.2 & 2.2.4);
(2) Must meet Use Zone Site Development Standards and conditions
(3) A Hotel or Inn is for temporary accommodation. The unit is not a place of residence or dwelling.
Units may be rented on a temporary basis but not as an open-ended monthly apartment.
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(4) The Hotel or Inn shall contain a lobby with a front desk and office, along with a maintenance,
housekeeping and laundry room(s) large enough to accommodate the needs of the commercial-
residence.
(5) Housekeeping services including cleaning, provision of clean linen and towels (daily or weekly) shall
be provided. Hostels may additionally offer organized and managed cooperative cleaning and
cooperative kitchen.
(6) Access to units shall be through or associated with a clearly defined lobby. Exterior access to units
can be provided as long as access to each unit is from a common parking lot on the site,
(7) Units shall not have individual driveways to the street. Parking shall be provided in a parking lot with
parking spaces and aisles and access for the overall parking lot to the street.
(8) The Hotel or Inn shall have an overall cohesive design including a prominent lobby, pleasant
appearance from the street, clear parking lot street entrance and design with a dust free surface,
and landscaping (trees, shrubs, lawn) in setbacks and open areas.
(9) There shall not be separate utility connections or utility billing or addressing for individual rooms.
4.3.16
Marina (also includes wharves, breakwaters, slipways & boathouses)
Marina - Definition: Marina means a dock or basin together with associated facilities where slips,
moorings, supplies, repairs, and other services that are typically available for boats and other watercraft,
including storage, sales and rentals, with or without a club house and catering facilities. It can also
include a boat-house or shed associated with a dock or wharf.
Conditions:
(1) A Marina must submit a Planned Unit Development application (2.2.2 & 2.2.4)
(2) A Marina or wharf, breakwater, slipway or boathouse must meet Use Zone Site Development
Standards and conditions
(3) Provide and maintain public access to the shoreline via a walkway, path or trail, located, designed
and constructed to the satisfaction of the Council
(4) Parking shall be provided for both vehicles and boat trailers with adequate turning areas within the
parking lot;
(5) Council may require that outdoor storage areas for boats or other equipment be landscaped and
screened to the requirements of the Council;
(6) Council may require that marinas be serviced with a supply of potable water and facilities for the
collection and disposal of wastewater in a manner acceptable to the Council;
(7) Wharf/Boathouse/Slipway/Breakwater structures shall follow the guidelines for the Construction and
Maintenance of Wharves, Breakwaters, Slipways and Boathouses which are available from t he Water
Resources Management Division;
(8) The Applicant must obtain a permit under of the Water Resources Act, 2002 under Section 48 for any
infilling or dredging work associated with these structures or other works near or in any body of
water prior to the start of construction. Contact: Manager, Water Rights & Investigations Section.
4.3.17
Medical or Dental Clinic/Office
Definition: Medical or dental clinic/office means a building or part thereof used by qualified physicians,
dentists, osteopaths, counselors, or other drugless practitioners, including their staff and patients, for
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the purpose of out-patient consultation, diagnosis and office treatment. A medical clinic may include
accessory uses such as waiting and treatment rooms, laboratories, dispensaries and administrative
offices. A medical clinic does not include accommodation for overnight patient care or operating room
facilities.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions
4.3.18
Motel
Definition: Motel means an establishment providing accommodation for travelers or the transient
public that consists of one or more than one building containing four or more attached accommodation
units accessible from the exterior only and may or may not have facilities for serving meals.
Conditions:
(1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
(2) Must meet Use Zone Site Development Standards and conditions
(3) Units may be rented on a temporary basis but not as an open-ended monthly apartment.
(4) A Motel unit is for temporary accommodation. The unit is not a place of residence or dwelling. No
individual can abide in the units in a particular Motel for more than three months out of every
calendar year.
(5) The Motel shall contain a lobby with a front desk and office, along with a maintenance,
housekeeping and laundry room(s) large enough to accommodate the needs of the commercial-
residence.
(6) Housekeeping services including cleaning, provision of clean linen and towels (daily or weekly) shall
be provided.
(7) Access to units shall be through or associated with a clearly defined lobby. Exterior access to units
can be provided as long as access to each unit is from a common parking lot on the site,
(8) Units shall not have individual driveways to the street. Parking shall be provided in a parking lot with
parking spaces and aisles and access for the overall parking lot to the street.
(9) The Motel shall have an overall cohesive design including a prominent lobby, pleasant appearance
from the street, clear parking lot street entrance and design with a dust free surface, and
landscaping (trees, shrubs, lawn) in setbacks and open areas.
(l0)There shall not be separate utility connections or utility billing or addressing for individual rooms
4.3.19
Outdoor Commercial Patio
Definition: Outdoor commercial patio means any outdoor area used in conjunction with any
establishment licensed under the Liquor Control Act, 1990 where meals or refreshments are served to
the public for consumption on the premises.
Conditions:
(1) Council may require that an outdoor commercial patio not accommodate more than 50 percent
{50%) of the licensed capacity of the restaurant with which the patio is associated, or 50 persons,
whichever is the greater.
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(2) It is recommended that no outdoor commercial patio shall be permitted in any yard facing or
abutting a residential zone or abutting a yard or lane facing or abutting a residential zone unless:
a.
it is located a minimum of 30 metres from the residential zone; and
b. it is screened and physically separated from the residential zone by a building, structure or
wall that is at least 2 metres in height so that noise from the outdoor patio is mitigated.
(3) Unless otherwise determined by Council, an outdoor commercial patio shall have a minimum
setback of 1.5 metres from any lot line.
(4) The location of an outdoor commercial patio on a lot shall not obstruct the view or path of
pedestrian and vehicular traffic that accesses or egresses to or from a street onto or out of the lot.
(5) The outdoor commercial patio must not encroach on or eliminate any required parking or loading
space, driveway or aisle for the lot on which it is located.
(6) The outdoor commercial patio shall be so located on the lot as to not interfere with snow clearing
and snow operations of Council.
(7) No outdoor commercial patio shall be located above the elevation of the floor of the first storey of
the principal building where the lot adjoins a residential use zone.
(8) Any outdoor lighting shall be directed toward or onto the outdoor commercial patio area and away
from adjoining properties and streets.
(9) Parking spaces shall be required for the gross floor area associated with the outdoor commercial
patio use at the same ratio as for restaurants.
4.3.20
Outdoor Market
Definition: Outdoor market means the sale of goods or products at an open property with no
permanent buildings; temporary facilities or open stalls may be used to hold and display the goods being
sold. Examples may include, but are not limited to, farmers markets, fish market, flea markets or other
types of goods.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
(3) Requires sufficient off street/highway parking for customers and ensure that the sight lines (visual)
or sign distance at any intersection is not obstructed.
4.3.21
Personal Service
Definition: Personal service means a building or part of a building used for the provision of personal
services to an individual which are related to the care and appearance of the body, or the cleaning and
repair of personal effects; and where the sale of retail of goods, wares, merchandise, articles, or things is
only accessory to the provisions of such service. Examples include, but are not limited to, barbershops,
hairdressers, beauty salons, health and wellness centres/spas, tanning salons, tattoo parlours, tailors,
dressmakers, photography studio, music studio, tattoo ship, handmade crafts, shoe repair shops, and
dry-cleaning establishments and laundromats. This Use Class does not include medical and dental clinics
and excludes any manufacturing or fabrication of goods for sale.
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Conditions:
1. Must meet Use Zone Site Development Standards and conditions
4.3.22
Offices: Professional, Financial and Associated Support Services
Definition: Offices (professional, financial and associated support services) means development
primarily used for the provision of professional, management, administrative, consulting, and financial
services, but does not include medical or dental clinics or government services. Typical Uses include, but
are not limited to: the offices of lawyers, accountants, engineers, and architects; offices for real estate
and insurance firms; clerical, secretarial, employment, telephone answering, and similar office support
services; and banks, credit unions, loan offices and similar financial uses.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions
4.3.23
Resort
Definition: Resort means the use of land, buildings and that provides for recreation uses, including but
not limited to golfing, tennis, lawn bowling, marinas, health spa, swimming pools, angling and other
watersport activities, hunting and recreational shooting, cross-country skiing, sightseeing, camping,
hiking, indoor recreational activities and other similar uses, plus gift and craft shops and the furnishing
of equipment, supplies or services to guests in connection with any of the foregoing activities and
sleeping accommodations, communal or individual facilities for cooking and serving of meals for guests
or a restaurant, and may include accommodation for the operator and staff. This category also includes
commercial rental cottages or a tourist cabin development.
Conditions:
(1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
(2) Must meet Use Zone Site Development Standards and conditions
4.3.24
Restaurants
4.3.24.1 Drive-Through and Take-Out
Definition: Restaurant -drive-through and take-out means a building designed to allow drivers to remain
in their vehicles before and during an activity on the site. Food and drink are prepared then sold to the
public for immediate consumption either within an eating area inside or outside of the building or within
the patron's own motor vehicle onsite, or for elsewhere off the premises it may include a seating area
for in-house consumption and parking for in-house patrons. It is not licensed to sell alcoholic beverages.
(1) Council may require the applicant to undertake a Land Use Impact Assessment to assess the impact
of the proposed Drive-Through Use and mitigation measures where the Drive-Through Use is in
close proximity to residential uses.
(2) Council may require that a Drive-Through Restaurant have a stacking lane with a minimum length
before the pick-up window, as determined by Council based on the projected level of traffic to be
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generated by the drive-through use as listed below, and the stacking lane length may be modified on
the basis of the recommendations of a Planning Impact Assessment. Drive-through stacking lanes
shall not be located between the street and the building.
(3) Drive-through stacking lanes shall be located away from adjacent residential and institutional uses
whenever possible and no drive-through stacking lane, order window, or order board shall be
located within 3 metres of a lot line abutting a residential use.
(4) Drive-through stacking lanes shall be separated by raised islands, be well signed to provide for ease
of use and located so as to avoid crisscrossing of lanes.
(5) Order boards with an intercom shall be designed to minimize noise impact on adjacent residential or
institutional uses.
(6) A buffer consisting of a sound-proof fence and landscaping shall be provided adjacent to residential
uses. A fence, berm, and landscaping or a combination of these elements should be used to reduce
headlight glare, order board lighting, and noise from the Drive-Through Use. Garbage receptacles
should be placed either before the pick-up window or after the pickup window as determined by
Council.
(7) If the use of any land, building or structure is composed of a combination of Drive-Through Use and
any one or more other uses, those uses shall not be construed as accessory to one another and all
provisions pertaining to each use shall apply.
(8) Must meet Use Zone Site Development Standards and conditions
(9) Required to submit a Planned Unit Development (2.2.2 & 2.2.4)
4.3.24.2 Full-Service Restaurant
Definition: Restaurant-full service means a building or part of a building wherein the primary purpose is
the preparation of food for sale to the public y for consumption within the building and may include a
take-out area. It is characterized by the provision of table service, including buffet service and may also
be licensed to serve alcoholic beverages.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions
(2) Refer to Outdoor Commercial Patio for standards related to outdoor areas
4.3.24.3 Mobile Take-Out or Street Vendor
Definition: Restaurant-mobile take-out or street vendor means a mobile food preparation motorized
vehicle or non-motorized cart offering food and non-alcoholic beverages for immediate consumption
that subject to the requirements of the Municipalities Act, 1999 and the Highway Traffic Act, 1990.
Conditions:
The use of land for the parking of a vehicle or trailer for a period of time for vending purposes, including
the sale of refreshments or merchandise or as an office shall be subject to the following conditions.
(1) The parking of a vehicle or trailer shall not be located on any required landscaped yards.
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(2) The parking of a vehicle or trailer shall only be permitted if the lot has a sufficient parking area to
accommodate the parking requirements of the principal building or use on the lot and the subsidiary
vehicle or trailer use with its associated parking.
(3) The parking of a vehicle or trailer shall not hinder lot access or egress or create an obstruction to
vehicles entering or exiting the lot.
(4) If a vehicle or trailer is used for the purpose of the preparation, cooking, and/or sale of food and/or
refreshments, the following approvals are required prior to the placement of a vehicle or trailer on
the lot:
a.
approval from the Town regarding the appliances to be used and the required fire
suppression measures, and
b. approval from the Service NL regarding the storage and preparation of food and/or
refreshments.
(5) A vehicle or trailer shall be required to provide, or have access to, washroom facilities as determined
by Council.
(6) Council shall limit the length of the Development Permit to a maximum of one year and the permit
may be renewed on an annual basis if the applicant wishes to continue the use.
4.3.25
Retail
Definition: Retail means a building or part of a building used for the retail or consignment sale of goods,
wares, substances, or merchandise directly to the public within an enclosed building, including, but not
limited to, a drug store, bakery appliance or clothing store or art studio and shop. This use class does not
include the sale of gasoline, heavy agricultural and industrial equipment, wholesale goods, automotive
and recreation vehicle sales/rentals, flea market, gas bars, greenhouses, plant nurseries and market
gardens, service stations, and box store or warehouse sales. Accessory uses may include the assembly or
repair of products sold on site or public services such as postal services or pharmacy.
Conditions:
1. Must meet Use Zone Site Development Standards and conditions
4.3.26
Service Station
Definition: Service Station means land or building used exclusively for the sale/installation of petroleum
products (oil or lubricant change) and may include minor repair to vehicles, cleaning and maintenance
essential to the actual operation of vehicles, and the sale of automotive accessories; but does not
include an automotive body repair shop, automotive sales establishment. Service stations are classified
as: Residential or Highway as outlined below.
Conditions that apply to both Residential and Highway Service Stations:
Minimum Standards for all Service Stations and Gas Bars, notwithstanding the development standards of
the Use Zone in which a service station or gas bar is located, a service station and/or gas bar shall be
subject to the following conditions:
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(1) All gasoline pumps shall be located on pump islands designed for such purpose, and to which
automobiles may gain access from either side, except in the case of propane, diesel, and kerosene
pumps, which may access from one side;
(2) Pump islands and canopies shall be set back at least 4 metres from the required landscaped front or
side yards;
(3) Council may require that accesses 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;
a.
Lot Area (minimum) 900 square metres
b.
Lot frontage (minimum) 48 metres; or 35 metres along each flanking street
c.
Building Height (maximum) 1 storey
d.
Building Line (minimum) 6 metres
e.
Building Line - Canopies (minimum) 3 metres
(4) Surface runoff shall be directed to an oil/water separator before being discharged into a storm
sewer or other drainage system.
(5) Minimum of 2 access points for access/ egress.
(6) Landscaping required along front and exterior lot lines.
(7) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
4.3.26
Service Station
Definition: Service Station-Residential is a Service Station as defined above which may have a
convenience store, snack bar or drive-through or take-out restaurant subordinate to the main use but is
not a truck stop (as in a Service Station - Highway).
Condition:
(1) All gasoline pumps shall be located on pump islands designed for such purpose, and to which
automobiles may gain access from either side, except in the case of propane, diesel, and kerosene
pumps, which may access from one side;
(2) Pump islands and canopies shall be set back at least 4 metres from the required landscaped front or
side yards;
(3) Accesses shall be clearly marked and, where a service station is located on a corner lot, the
minimum distance between an access and the intersection of street lines at the junction shall be 10
m and the lot line between entrances shall be clearly indicated;
(4) Surface runoff shall be directed to an oil/water separator before being discharged into a storm
sewer or other drainage system.
(5) Minimum of 2 access points for access/egress.
(6) Landscaping required along front and exterior lot lines.
(7) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4); and,
(8) Provide adequate separation of areas intended primarily for trucks from areas for cars, buses,
recreational vehicles, vehicle washes, repair areas, trash enclosure areas and other traveler services
waste dumping, passive recreation and structures such as a visitor information centre.
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4.3.27
Veterinarian Clinic
Definition: Veterinarian Clinic means a building, structure or parts thereof where one or more
registered veterinarian surgeons including associated staff provide examinations and surgical or medical
treatment to domestic pets, animals or livestock, and may include treatment rooms, laboratories,
dispensaries and associated office
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions
(2) Facilities for the overnight care of animals undergoing treatment may be permitted indoors and is
considered incidental to the hospital use.
(3) A kennel is not permitted in association with a veterinarian clinic.
4.4
INDUSTRIAL LAND USE CLASS
4.4.1
Composting Facility
Definition: Composting facility means a processing use that converts solid waste, including plant debris,
decayed organic matter, municipal solid waste or agricultural waste, into a material to be used sold for
the purpose of fertilizing and conditioning the soil for growing produce and nursery plantings.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions
(2) Recommend special attention to storage
4.4.2
Contractor, General
Definition: Contractor, General means development used for the provision of building construction,
landscaping, concrete, and electrical, excavation, drilling, heating, plumbing, paving, road construction,
sewer or similar services of a construction nature which require on-site storage space for materials,
construction equipment or vehicles including heavy equipment, temporary storage containers,
construction trailers, and temporary office trailers normally associated with the contractor service. Any
sales, display, office or technical support service areas shall be accessory to the principal general
contractor service only. This use class does not include professional, financial and associated support
services.
Conditions:
1.
Must meet Use Zone Site Development Standards and conditions
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4.4.3
Energy Generation Facilities
Definition: Energy generation facilities means a facility constructed for the purpose of generating
electrical energy from wind, solar or small hydro means.
Conditions:
(1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4);
(2) Must meet Use Zone Site Development Standards and conditions;
(3) The following requirements shall apply to wind, solar, and small hydro generating facilities:
a.
Energy utilities are subject to the approval of relevant provincial and federal departments,
agencies, and public utilities, including the Department of Industry, Energy and Technology
and Transport Canada. The design and location of such utilities shall take into consideration
their impact on nearby land uses and persons, the environment, archaeological resources,
and other matters that Council may deem to be significant.
b. A wind, solar, or small hydro generator within a built-up residential area shall be limited to
a single unit that serves an individual property.
c. An adequate separation distance shall be maintained between wind generators and nearby
buildings and structures to prevent damage to persons and properties due to a failure of a
generator or any of its components or the shedding of ice.
d.
Unless specifically exempted by Council or other relevant agencies, the design, construction
and location of an energy utility shall be certified by a professional engineer who has
consulted with the required agencies.
Wind Turbines
Definition: Wind turbine generator (commercial) means a structure designed to convert wind energy
into mechanical or electrical energy. A commercial wind turbine may include, but not be limited to, wind
turbine, generator, operations and maintenance buildings, meteorological towers, collector grids and
electrical substations. Note that a Wind Farm or Wind Park: means more than one wind turbine
generator located on a lot.
Conditions:
a. Commercial wind turbine generator
a. A commercial wind turbine which has a collective energy nameplate rating of one hundred (100)
kW or greater shall be connected to a transmission line and/or the local power grid.
b. All developments shall meet applicable federal and provincial regulatory requirements.
c.
The development shall not create hazards or any negative impacts on neighbouring properties.
In cases where there are potential conflicts or impacts between a proposed development and
neighbouring property, Council may require the developer to ensure that adequate buffers or
screening are maintained to reduce the impacts on adjoining properties or other mitigation
measures that may be necessary to reduce the impacts.
d. The wind turbine tower shall be located to minimize visual impacts on the Town.
e. The wind turbine tower shall have a clear unobstructed fall zone that has a radius equal to or
greater than the height of the structure and is accommodated within the property bounds.
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f.
The wind turbine tower shall be designed and constructed to meet design loads for operational
requirements including ice buildup. The blades shall either have de-icing capabilities or be
constructed of a material (i.e., poly carbonate composite} that resists ice buildup.
g. Access to the site shall be restricted and shall include: fencing, gate, and signage posted as to
the property owner, company name, twenty-four (24) hour emergency telephone number, and
warnings of dangers to trespassers.
h. Should the wind turbine cease operations for a period of longer than two (2) years, the wind
turbine, tower, and any related infrastructure shall be removed from the property.
b. Residential wind turbine generator
a. Private turbines shall primarily be for the generation or electrical power for the property owner
of a residential use, for business owners and for varied public use buildings and other similar
sites, but not for outside sale.
b. Council may determine that the minimum parcel size of 2,000 square metres with a wind turbine
height of approximately 10 metres; if this is not sufficient to mitigate impacts to adjacent
properties, the wind turbine proposal may be denied by Council.
4.4.4
Forestry Activities
Definition: Forestry activities have the meaning as defined in the Forestry Act, 1990. This includes forest
harvesting, road building and silviculture activities.
Conditions:
(1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4), or a Forestry
Management Plan and to submit, every year, the annual operating plan;
(2) Must meet Use Zone Site Development standards and conditions;
(3) Permits for commercial and domestic woodcutting or other forestry related activities must be
obtained from the Regional Forestry Office, Government of Newfoundland and Labrador;
(4) All commercial harvesting operators must apply for a development permit.
4.4.5
Industrial - General
Definition: Industrial General means development used principally for one or more of the following
activities:
a.
the processing of raw materials;
b. the making, manufacturing or assembling of semi-finished or finished goods, products or
equipment;
c. the cleaning, servicing, repairing or testing of materials, goods and equipment normally
associated with industrial or commercial businesses or cleaning, servicing and repair operations
to goods and equipment associated with personal or household use, where such operations
have impacts that would make them incompatible in non-industrial zones;
d. the storage or trans-shipping of materials, goods and equipment;
e. the distribution and sale of materials, goods and equipment to institutions or industrial and
commercial businesses for their direct use or resale;
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f.
transport establishments, which include the use of land, buildings, structures or parts thereof,
where commercially licensed trucks, transports and buses are rented, leased, loaded or
unloaded, serviced or repaired kept for hire, stored or parked for dispatching as common
carriers or where goods are temporarily stored for further shipment. Fuel and petroleum
products may be dispensed and parts and accessories sold; or,
g.
the training of personnel in general industrial operations.
Examples include, but are not limited to, factories, fish processing plants, marine service centres, cold
storage plants, freight depots, concrete plant, general garage, industrial-related warehouses, welding
shops, vehicle body repair and paint shops/depots, and similar uses. This use class does not include
utility services or the preparation of food and beverages for direct sale to the public.
Conditions:
(1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
(2) Must meet Use Zone Site Development Standards and conditions
(3) Minimum of 2 access points for access/egress;
(4) Surface runoff shall be directed to an oil/water separator before being discharged into a storm
sewer or other drainage system;
(5) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
(6) Where it deems necessary, the Town shall require the provision of buffering by the developer which
shall be to the satisfaction of the Town.
4.4.6
Industrial - Light
Definition: Industrial-light means the use of any land or buildings for any general industrial (Industrial
General) use that can be carried out without hazard or intrusion and without detriment to the amenity
of the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or
appearance., unsightly outdoor storage, refuse matter, or effluent. Examples include but are not
limited to, a recycling depot, wholesale and warehouse uses, rental storage uses, commercial - custom
service, catering services, industrial bakeries, food processing, light manufacturing and assembly
(clothing, furniture, consumer electronics), broadcast studio, and similar uses; but does not include a
salvage/scrap yard.
Conditions:
(1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4);
(2) Must meet Use Zone Site Development Standards and conditions;
(3) Light industry uses may must be conducted and wholly contained within an enclosed building and
shall not be obnoxious by reason of noise, vibration, odour, dust, smoke, unsightly outdoor storage,
refuse matter, or water carried waste. Such uses shall not involve the use of chemical processes
which result in the emission of gases, use of significant volumes of water or which generate
significant levels of truck traffic.
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4.4.7
Industrial Mall
Definition: Industrial mall means a building or a group of buildings designed, developed, owned and
managed as a unit in which separate spaces are leased or occupied by permitted industrial uses. No
more than 30 percent of the gross floor area of an industrial mall is used for accessory office or related
commercial uses.
Conditions:
(1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4)
(2) Must meet Use Zone Site Development Standards and conditions
4.4.8
Mineral Exploration
Definition: "Mineral exploration (development)" shall be defined as; the search for and sampling of
minerals or quarry materials where the activity or activities involved meet the definition of
"development" under the Urban and Rural Planning Act, 2000. "Mineral" and "quarry material" for the
purpose of interpreting the definition of mineral exploration (development) are as defined in the
provincial Mineral Act, 1990 and Quarry Materials Act, 1998, respectively. Mineral exploration does not
include mining or mineral working (e.g., quarrying). Activities which meet the definition of mineral
exploration (development) are to be contrasted with mineral exploration activities that do not meet the
definition of development, examples of which typically include traditional prospecting, geochemical
sampling surveys (of rock, soil, sediment, water, or vegetation), ground-based and airborne geophysical
surveys, and the cutting of survey lines.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Mineral exploration that does not meet the definition of 'Development'
a. Mineral exploration that does not meet the definition of 'Development' and does not
involve appreciable ground disturbance, construction of access roads, or objectionable
noise, odour or appearance, of little or no visible impact (e.g., prospecting, ground-based
geophysical surveys, geochemical sampling surveys) shall be permitted anywhere in the
Municipal Planning area, provided that adequate notification is provided to Council.
(3) Mineral exploration, which is classed as 'Development', may be permitted provided that:
a.
adequate provision is made for buffering and mitigation of potential impacts on adjacent
zones; mineral exploration shall be subject to conditions that control noise, appearance, and
other impacts that may arise, as well as the duration of the exploration program. The
precise nature of these controls shall depend upon the location of the mineral exploration in
relation to built-up and environmentally sensitive areas, such as water supply areas,
watercourses, and wetlands.
b. Where there is to be ground disturbance, the developer shall provide a site restoration
surety and/or other satisfactory guarantees of site landscaping to Council.
(4) Council shall not issue a permit for mineral exploration until all necessary permits and approvals
have been obtained from the Provincial Government.
(5) It complies with provincial standards. Basic environmental requirements for mineral exploration are
already set out in the Mineral Regulations under the Mineral Act, 1990, for example, that all
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excavated, stripped, and grubbed sites be rehabilitated by backfilling or re-contouring, as
appropriate, and then placing stockpiled organic materials back over the site. The Mineral Lands
Division conducts inspections year-round to ensure that the Mineral Regulations and the terms and
conditions of exploration approvals are adhered to, including that rehabilitation, once due, is
completed as required
(6) According to the Mineral Lands Branch, mineral exploration that is classed as development shall be
at least a discretionary use in all zones, provided that the work is subject to conditions appropriate
to the use zone and which address any other concerns specific to the location.
(7) Should a town have concerns about any mineral exploration activity, whether before or after the
issuance of an exploration approval, the town shall contact the Mines Branch, Mineral Lands
Division in order to have the concerns addressed. Exploration for quarry materials (e.g., sand, gravel)
is permitted using the same procedure and typically involves the excavation of test pits followed by
their immediate rehabilitation.
4.4.9
Mineral Working
Definition: "Mineral working" shall be defined as; an operation consisting of one or more of the
following activities: the digging for, excavation, and removal of quarry materials (i.e., quarrying) (may
involve blasting), the removal of quarry materials previously excavated, the removal of quarry materials
previously deposited on site, the stockpiling of quarry materials, the processing of quarry materials (e.g.,
crushing, screening, washing), the production of civil construction materials which use quarry materials
in their natural form (e.g., asphalt, concrete), the reprocessing of quarry materials including from
reclaimed civil construction materials (e.g., reclaimed asphalt, concrete), the production of soil by
blending organic materials with quarry materials, or the treatment or remediation of soil. "Quarry
material" for the purpose of interpreting the definition of mineral working is as defined in the provincial
Quarry Materials Act, 1998. Mineral working does not include mining but may include mineral
exploration (development) as a secondary activity. Mineral working does not include the excavation and
removal of quarry materials as a by-product of an approved development.
Conditions
(1) For approved developments where the extraction of quarry materials is occurring or may be
expected occur, the Town shall send a copy of the development permit to the Mineral Lands
Division. (Note that quarry materials include but are not limited to aggregate, fill, rock, stone,
gravel, sand, clay, borrow material, topsoil, overburden, subsoil, peat).
(2) Quarry materials produced as a by-product of an approved development may be removed from
the development site provided that royalties are paid to the province as required by the Quarry
Materials Act, 1998. For example, site preparation to construct a building involves removing
topsoil, overburden, and possibly rock from the footprint area; these materials may be retained
or re-used on the development site (no royalties due) or removed from the site (royalties due).
In order to ensure that royalties due the province are paid; it is necessary that the Mineral Lands
Division be made aware of approved developments where the removal of quarry materials is
taking place or may take place.
(3) The environmental standards in the Mineral Regulations under the Mineral Act, 1990 shall
apply.
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(4) Council shall be satisfied that the mineral working areas shall not create a nuisance and shall 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 by implementing the following buffers:
Minimum Buffer Distance of Pit and Quarry Workings
-From existing or proposed Residential Development:
- where no blasting is involved
300 metres
- where blasting is involved
1000 metres
-From any other developed area or area likely to be developed during the life of the pit or
quarry working ............................................ 150 metres
-From a Public highway or street... ............. .50 metres
-From a Protected Road ........................... .... 90 metres
-From a Waterbody or watercourse ............ 50 metres
Note: where a minimum required distance was originally observed when choosing the
location of the quarry, quarrying should not be discontinued or impeded where the buffer is
reduced to less than the required distance due to encroachment of development towards the
quarry.
(5) Where the municipality is satisfied that the mineral working shall not adversely affect the
specified adjacent use or natural feature, mineral working may be permitted closer than the
minimum separation distance or buffer specified. By allowing the municipality to waive pre-set
separation distances where it is satisfied there shall be no adverse effect provides for greater
flexibility in selecting sites where mineral workings may be permitted.
(6) Where mineral workings are proposed within a specified distance of a specified adjacent use or
natural feature that may be adversely affected by the mineral workings, special conditions shall
be applied to mitigate, reduce, limit, or eliminate the anticipated negative effects.
4.4.10
Mining
Definition: "Mining" shall be defined as; an operation involving the extraction of a mineral for sale and
for which a mining lease is required under the provincial Mineral Act, 1998. "Mineral" for the purpose of
interpreting the definition of mining is as defined under the Mineral Act, 1998. Mining may include, as
secondary activities, mineral exploration (development) and mineral working. Note that under the
Mineral Act, 1998-dimension stone (i.e., stone used for building facades, gravestones, etc.) is considered
a mineral in Newfoundland but a quarry material in Labrador.
Conditions:
The following conditions shall apply to a Mining application subject to a Department of Industry, Energy
and Tech_nology regulatory and permitting requirements:
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(1) An application for a development permit shall include a Mineral Working Development Plan
satisfactory to tlie Council for the proposed Mining use, which shall include a site plan showing the
location of physical site features and extraction and processing features required by the Council
including but not limited to:
a.
boundaries of the parcel to be mined;
b. extent of site area(s) to be mined;
c.
buildings and structures on the site;
d. roads, parking and loading areas and entrance and exit to the site;
e.
fences, berms and landscaping provided for screening;
f.
waterbodies and channels to be removed, shifted and created;
g.
location and expected maximum height of stockpiles of mined ores, sand and gravel;
h. location of major machinery and conveyors for receiving and processing raw ores including
machinery for sifting, washing and grading ores, and the manufacturing of concrete and
stone products;
i.
the probable location of storage piles of topsoil and overburden removed from earlier
phases of mined areas and temporarily being stored for replacement under the Reclamation
plan; and
j.
intended phases of mining operations to be carried out over all portions of the site.
(2) An application for a development permit shall include a Mining Reclamation Plan satisfactory to
Council for the proposed mineral working use which shall explain, illustrate and show to the
satisfaction of Council a plan for restoration of the site which includes final ground contours, slopes,
depth of topsoil, and vegetation and a phasing plan, if necessary, in the form of a grading and
landscape plan or plans.
4.4.11 Natural Resource Use
Definition: Natural resource use means the use of land or buildings for the production and harvesting or
extraction of natural resources such as, agriculture, forestry, fisheries us or mineral working activities.
Conditions:
(1) Required to submit the equivalent of a Planned Unit Development application (2.2.2 & 2.2.4) which
in may consist of a Farm Business Plan for agriculture proposals, Forestry Management and annual
operating plans for forestry, a proposal for aquaculture, the detailed quarry permit submission
including operation and rehabilitation plans for mineral working activities; and, the Environmental
registration documents of each as required under the Environmental Assessment Regulations;
(2) Must meet Use Zone Site Development Conditions and conditions;
4.4.12 Natural Resource-Related Uses
Definition: Natural resource-related uses means the use of land or buildings for any commercial or
industrial development directly associated with, or requiring proximity to, farm operation, fisheries,
forestry or mineral working industries; for example, processing of meat, fish and poultry products, feed
mills, sawmills, planning mills, single mill products industries, asphalt plant, gravel crushing operation
sand may include, but not limited to, such uses as animal husbandry services, produce or grain
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storage/processing facilities, laydown areas, farm machinery sales and service outlets, feed and seed
warehouse and associated retail outlets, including a nursery or garden centre.
Condition:
1.
Must meet Use Zone Site Development Standards and conditions;
4.4.13 Solid Waste Recycling/Disposal and Composting Site
Definition: Solid waste recycling/disposal and composting means a waste disposal site as defined by the
guidelines established under the Environmental Protection Act, 2002, such as waste transfer stations,
composting or recycling.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) A vegetated or landscaped buffer zone of at least 15 m around the perimeter of the use, in order to
minimize any potential nuisance associated with noise, dust, or odors, or any objections based on
visual aesthetics is provided;
(3) There is adequate availability of utilities, including water, sewer, and electricity, to provide water for
firefighting and wash down of floors, electrical power for machinery and lighting, and for staff
amenities;
(4) The volume of material to be handled and/or stored is provided and the facility designed with
sufficient capacity to handle peak material volumes;
(5) Measures to prevent storm water and runoff from contacting waste materials shall be required and
all waste containers used shall be leak proof or provide for the collection and treatment of
contaminated water and other liquids. Proper disposal of contaminated water shall be ensured;
(6) Fencing shall be provided around the perimeter of the site, with a lockable gate at any entrance
point. The type of fencing may vary with the natural site features;
(7) Containers intended to receive organic waste shall be required to have lids, screens, or covers that
shall prevent access by bears and other predators, rodents, and birds, or be placed inside predator-
proof enclosures;
(8) Where organic wastes are involved, buildings shall be specifically designed to prevent infestation by
rats and other small mammals, and to be predator-proof.
(9) If the solid waste recycling/disposal or composting site is visible from a public street or highway or a
developed area, then the visual buffer is required to a height sufficient to prevent visibility.
(10)No solid waste disposal site shall be located closer than 1.6 kilometres from a residential
development.
4.5
CONSERVATION LAND USE CLASS
4.5.1
Environmental Protection
Definition: Environmental protection area means areas where development is restricted due to the
natural features of the site for purposes of conservation or protection of habitat, wetlands, resource
management, viewscapes or other special designations under legislation; or site unsuitability due to
erosion control, steep slopes, flood control and water supply protection.
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Conditions that apply to both zones:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Nothing in these Regulations shall prevent the designation of environmental protection areas in any
zone.
(3) Council shall not permit development vulnerable to flooding in areas known to be subject to local
flooding.
(4) Require that development of passive recreation facilities such as walking or nature trails, and
associated interpretation programs do not have an adverse impact on the natural environment and
residential properties; and,
(5) The Town may require that any development near a designated trail or water course be reviewed by
the Town to ensure that development does not negatively impact such trail or watercourse. Where
deemed necessary, the Town may require that the buffer be provided by the developer.
4.5.2
Open Space, Parks and Trails
Definition: 'Open space, parks and trails' means a generally undeveloped space or environmentally
sensitive area maintained for the preservation of natural heritage, wildlife and the environment where
the quality of the environment and naturalness of an area is the focus of the recreational experience;
activities and development are limited to trails, picnic areas, playgrounds and associated signage.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Nothing in these Regulations shall prevent the designation of parks and playgrounds in any zones
provided that such parks and playgrounds are not located in areas which may be hazardous to their
use and are not operated for commercial purposes.
(3) Parks and playgrounds may be located on backland but shall have at least one 5-metre-wide
vehicular access directly onto a public street.
(4) Public toilet facilities associated with a park or trail development requires review by the Council in
consultation with Service NL in order to meet provincial regulatory requirements.
(S) It is recommended that trails have a 3 metres width as a pedestrian corridor with/without use by
bicycles.
(6) Council may require a screen or vegetative buffer between a trail and adjacent land uses to ensure
that nuisance factors are minimized and trail activities do not hinder the enjoyment of property.
(7) In the Rural zone: Recreational Open Space and Trails may be permitted in this zone subject to the
following conditions:
a.
the proposed use shall not interfere with adjacent agricultural and other natural resource
uses by virtue of noise, increased traffic or other activities;
b. the proposed use shall not prejudice the continuation of existing agricultural and other
natural resource uses and operational practices which may not be compatible with the
proposed use;
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4.6
PUBLIC/INSTITUTIONAL LAND USE CLASS
4.6.1
Cemetery
Definition: Cemetery means a facility or land area reserved and dedicated to the burial of the dead and
includes a columbarium, mausoleum, mortuary and related maintenance facility. A discretionary
accessory use might include a crematorium (a facility containing a certified furnace or similar device
intended for use in the incineration of human or animal corpses) subject to conditions.
Conditions:
(1) Council may require a landscape plan to be submitted as part of the Development Application. The
landscape plan shall illustrate areas of landscaping in relation to the burial plots and shall identify
the location and types of plant species that are to be planted.
(2) It is recommended that a minimum 6-metre-wide buffer be maintained between any lot line of the
cemetery and areas designated for burial purposes and, within this buffer, trees and shrubs are to
be planted to provide a landscaped screen between the cemetery uses and abutting properties.
(3) A fence should be constructed and erected along all lines of the cemetery
(4) A cemetery use shall receive the approval of the Service NL.
(5) A discretionary crematorium is subject to the following conditions:
a. A buffer between the crematorium and a sensitive land use such as residential, day care,
elementary or secondary school or higher intensity land use, may be required at the
discretion of the Council based on the following guideline:
i.
The buffer between the crematorium structure within the cemetery to the lot line
shared with residential or sensitive land use, such as elementary or secondary
schools, daycare, shall be a minimum of 70 metres unless there are extenuating
physical characteristics of the site that would provide natural screening
ii.
The buffer between other resource uses shall be a minimum of 30 m but may be less
if there are extenuating physical characteristics of the site that would provide
natural screening;
b. All crematory facilities shall be located within an enclosed building that meets building and
fire code requirements;
c.
All applicable local, provincial, and federal laws and regulations shall be met;
4.6.2
Institutional Use
Definition: Institutional use means the use of land or buildings for public purposes, whether publicly or
privately funded, where people may gather in larger numbers to access a regional or a municipal-wide or
regional service, including but not limited to:
a.
Hospitals;
b. Government Offices;
c.
Educational Facilities;
d. Convention Centres or major cultural centres, such as provincial Arts and Culture Centres;
e. Recreation Complex, such as an arena, multi-use sports and entertainment centres, roller rinks,
swimming pools; and,
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Personal Care Facilities (larger than residential home), such as nursing or senior's homes, family
and group care centres (see 4.6.2.1 below).
Conditions:
(1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
(2) Must meet Use Zone Site Development Standards and conditions
(3) For Personal Care Facilities-Non-residential (Nursing Homes and Family & Group Homes/Care
Centres), the following standards apply:
a.
The development shall be treated as a single comprehensive development as set out in Part
II of these Regulations, except that the minimum dwelling floor areas, building line setbacks
and yards shall be as determined by Council.
b. The development shall be tailored to the needs of the persons occupying the development
in accordance with their condition.
c.
The overall design of the development - including road layout, landscaping, building design
and location, parking areas, and so forth - shall be attractive and compatible with other uses
in the vicinity.
d. A single management authority shall be responsible for the maintenance of properties
within the development.
e.
Building types can be as necessary to serve the purposes of the development, including a
variety of dwelling types, care facilities, and communal facilities such as storage rooms,
hobby rooms, workshops, and garages.
f.
The total lot coverage of all buildings shall not exceed 35%.
g. adequate noise separation shall be maintained between the use and adjoining dwelling units
in an apartment building,
h. a fire exit for the exclusive use of the facility use shall be provided,
i.
a separate entrance for the exclusive use of the facility use shall be provided unless the
entrance to the use from a common lobby or foyer is immediately adjacent to such l_obby or
foyer,
j.
parking as required in these Regulations shall be provided and reserved for the exclusive use
of the facility use and identified as such on the parking lot,
k. a minimum of 5 square metres of net floor space per person shall be provided for use by the
facility users, this aggregate floor space shall be utilized for the purpose of group amenity
areas and individual rest areas.
4.6.3
Protective and Emergency Services
Definition: Protective and emergency services means a development which is required for the public
protection of persons and property from injury, harm or damage together with the incidental storage of
equipment and vehicles, which is necessary for the local distribution of utility services. Typical uses
include police stations, fire stations and ancillary training facilities.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Appropriate noise and separation measures shall be incorporated into the development to reduce
nuisance impact on surrounding properties.
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4.6.4
Public Gathering Places -Indoor
Definition: Public gathering places-Indoor means a building or part thereof designed and equipped to
be used for public gatherings for entertainment, religious (place of worship), cultural, civic, educational,
charitable, philanthropic or social purposes and may include, but are not limited to, a movie theatre,
playhouse, museum, art gallery, place of worship, funeral home, community or cultural centre, library.
These are smaller than regional institutional uses, like a hospital or college campus, as the patrons
generally are not such a broad segment of society and therefore does not create the same level of
activity in terms on onsite use and traffic.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
(3) Where permitted as a discretionary use on a Use Zone Table in Chapter 3, a place of worship or an
educational use shall conform to the frontage, building line setback, side yard, rear yard, lot
coverage and height requirement specified for a single detached dwelling.
(4) Crematory facilities may be allowed as a discretionary accessory use to a funeral home when the
funeral home is the principal use, subject to meeting the following conditions:
a.
A buffer between the crematorium and a sensitive land use, such as residential, day care,
school or higher intensity land use, may be required at the discretion of the Council based
on the following guideline, that the buffer be a minimum of 70 metres from a residential or
sensitive land use, such as elementary or secondary schools, daycare unless there are
extenuating physical characteristics of the site that would provide natural screening;
a.
All crematory facilities shall be located within an enclosed building that meets building and
fire code requirements.
b. All applicable local, provincial, and federal laws and regulations shall be met
4.6.5
Public Gathering Places - Outdoor
Definition: Public gathering places-outdoor means an open-air assembly use requiring the minimum of
permanent facilities, and included, but is not limited to, facilities in the form of or similar to, an outdoor
worship service and informal outdoor recreation, including, but not limited to, a picnic or barbecue area,
playground and walking or jogging trails; but does not include sport and recreation facilities or a
recreation complex.
Conditions:
(1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
(2) Must meet Use Zone Site Development Standards and conditions;
(3) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
(4) The use shall not negatively impact upon the associated activities such that the combined uses
create a public safety or health concern or inconvenience.
(5) The use shall not be permitted in close proximity to a residential area where, in the opinion of
Council, the use or its associated activities shall create a nuisance, such as the generation of fumes,
noise, vibration, litter, and lighting, affecting the nearby residential area.
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(6) Where it is determined by Council, for public safety and convenience, that fencing is required; the
area of the use shall be fenced in accordance with the requirements of Council;
(7) Where it is determined by Council that washroom facilities are required, the use shall be required to
provide washroom facilities in accordance with the requirements of the Service NL and Council
(8) Where it is determined by Council, a security deposit shall be required to be submitted to the Town
for the cleanup of the site and surrounding area of litter and debris which is generated by the
activities or the use. The security deposit shall be returned upon the site and surrounding properties
being left in a clean state that is satisfactory to Council.
4.6.6
Sports and Recreation Facilities
Definition: Sports and recreation facilities means land and a building, structure or part thereof, not part
of a large institutional building, designed and equipped to be used for athletic and leisure activities, and
may include, but not limited to, a health and fitness centre, bowling alley, curling rink; tennis, squash,
handball and badminton courts; sports fields, outdoor tennis courts, unenclosed ice surfaces or rinks,
athletic fields, boating facilities, and informal outdoor recreation, such as, cycle, walking or jogging
tracks; but does not include a recreation complex but may include Public Gathering-Outdoor uses.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
(3) Their environmental impact within the site can be contained and minimized;
(4) The activity is not unduly detrimental to the wider amenity of the area; and,
(5) The activity does not have a detrimental effect on neighbouring land uses or amenities.
4.7
RESIDENTIAL LAND USE CLASS
4.7.1
Single Detached Dwelling
Definition: A single detached means a detached dwelling containing one main dwelling unit which has a
private entrance, and which is not attached to another dwelling; and, does not include mobile homes or
recreational vehicles, but does include mini-homes or tiny homes; but it may contain a subsidiary
apartment (see 5.2.1)
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) In the Rural zone, a single dwelling may only be permitted only as accessory to an agricultural use. A
dwelling is subject to the approval of the Land Stewardship Divisions and the Service NL before a
permit is issued by the Town.
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4.7.2.
Semi-Detached Dwelling {Double dwelling)
Definition: A semi-detached dwelling means a building containing two dwelling units, where each
dwelling unit has a private entrance as compared to apartment buildings with a common entrance,
where the units can be placed one above the other, or side by side, but does not mean a Single
Detached Dwelling containing a subsidiary apartment.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions.
(2) Both units must front on the street.
4.7.3
Townhouses
Definition: A townhouse or town home is a single-family home that shares one or more walls with other
independently-owned units. They are often in rows of uniform homes, two stories or taller. Residents
own their interior and exterior walls, lawn, and roof, as well as the insurance for both their home and
property. Residential townhouses are usually three or more dwelling units, each unit separated
vertically from the others, each of which must have an independent entrance to a front and rear yard
immediately abutting the front and rear walls of the unit, and each of which may be located on a
separate lot. All units front on a street.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4);
(3) Shared walls must meet all national code regulations;
4. 7 .4
Apartment Building
Definition: Apartment building means a building containing three or more dwelling units which have a
shared entrance and hallway but does not include a row dwelling or a subsidiary apartment.
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4);
(3) Commercial uses may be permitted in multiple-unit apartment buildings where:
a. The proposed use is located on the ground floor of the apartment building;
b. The commercial use shall serve local needs of the residents and surrounding neighbourhood;
and,
c. The use shall not detract from the residential character of the neighbourhood by virtue of
generating excessive noise or traffic.
4. 7 .5
Cottage
Definition: Cottage means a dwelling unit designed or intended for seasonal or recreational use and is
not intended for use as permanent living quarters and does not include a vehicle as defined under the
Highway Traffic Act, 1990.
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Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Must meet building requirements under these Development Regulations, including the National
Building Code, etc.
(3) Remote or accessible (recreational) cottages shall not be eligible for municipal services if such
service would be a burden to taxpayers;
(4) A home in a residential area, used as a seasonal residence, must be maintained to the standard
of the neighbourhood as a full-time residence;
(5) Recreational cottages with road access (usually a resource road) allocated on Crown land shall
preferably be located within a designated cottage development area by the Lands Branch,
Government of Newfoundland and Labrador.
(6) In the Rural zone, cottages are a discretionary use that may only be permitted if the Town is
satisfied that it shall not create an obligation to provide municipal services and that it shall not
have a negative impact on resource exploration and development within the Resource zone.
4.7.6 Non-Market Housing
Non-market housing is based on the principle that at some point during the development or operation
of the housing accommodation, there is an investment by a level of government, private business, or
non-profit organization that allows the cost of that housing to be offered to renters or owners at a price
that is less than the current market value. There is no single model used for non-market housing.
4.7.6.1 Assisted Living, Residential (housing with supports or independent living or personal care
home-residential): Housing for seniors and people with physical and/or mental disabilities that
includes on-site hospitality and personal-care support services (i.e., Level 1 & 2 care) and does
not include people requiring 'supportive housing' described in #4.7.6.3.
4.7.6.2 Non-profit housing: A housing development providing housing for low/no income people who
cannot afford market housing; i.e., Newfoundland & Labrador Housing, Co-op housing;
4.7.6.3 Supportive housing*: Housing that provides on-site supports & services to residents (regardless
of age) who cannot live independently for the following reasons:
-
Are homeless or at risk of homelessness
-
Require supports with mental health and/or addictions, and multiple complex needs
-
Recent release from incarceration
This can include a 'Personal care home ('group home') A personal care home (group home) is a
Single Detached Dwelling used for children or young people who cannot live with their
families, people of any age with chronic disabilities including be adults or seniors, or people
with dementia. Typically, there are no more than six residents. There is at least one trained
care-giver onsite 24-hours a day.
4.7.6.4 Emergency shelter (Safe home/homeless shelter Homeless Hub): Immediate, short-stay housing
for people who are homeless or at risk of becoming homeless
4.7.6.5 Transitional housing: Housing for residents for between 30 days and three years. It aims to
transition individuals to long-term, permanent housing
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4.7.6.6 Hostel: Housing, typically a single room in a building with shared bathrooms and kitchens
Conditions:
(1) The use and appearance of the dwelling shall not materially differ from, or adversely affect, the
amenities of adjacent dwellings or the neighbourhood;
(2) Council may require special access and safety features to be provided to the occupants before
occupancy is permitted.
(3) Must meet Use Zone Site Development Standards and conditions;
(4) A personal care or group home is permitted in a dwelling unit that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff.
4.7.7 Garden Suite
Definition: A Garden suite is a self-contained dwelling unit without a basement, located in the rear yard
of a lot containing a permanent, single dwelling. It is equipped with its own kitchen, living area, a
maximum of one bedroom, bathroom and storage space. It does not have a subsidiary unit and is
detached from the primary dwelling on the lot. It may be constructed onsite or transported as a modular
unit to the lot but cannot include a mobile home or mini-home.
Conditions:
(1) No more than one (1) garden suite shall be allowed on a single residential lot occupied by a single
detached dwelling;
(2) The single detached dwelling cannot have a subsidiary suite; that is, there can only be one accessory
dwelling unit, either a garden suite OR a subsidiary apartment, but not both;
(3) The affected property must contain a legally conforming and permanent, owner-occupied habitable
dwelling, to which the garden suite is accessory;
(4) The garden suite shall not exceed 40% of the total habitable floor space of the primary dwelling or
70 square metres whichever is the lesser;
(5) A garden suite shall not be allowed on properties smaller than 800 square metres in size;
(6) Garden suites shall be placed on a cement pad or footing (no basement) or similar footing
acceptable to Council
(7) Garden suites shall comply with all the yard requirements for the principal dwelling;
(8) The minimum separation distance between the principal dwelling and any garden suite shall be in
compliance with the requirements of the zone and the National Building Code;
(9) Where available, garden suites shall be connected to the municipal water and sewer systems;
(lO)Access to the garden suite shall be provided by the existing driveway(s);
(ll)A minimum of one (1) off street parking space must be provided for the garden suite in addition to a
parking space for the subsidiary apartment (if any);
(12)The exterior of garden suite shall incorporate building materials, textures, and colours that are
similar to that of the principal dwelling;
(13)A garden suite shall be owned by the owner of the primary dwelling and shall not be sold as a
condominium unit.
(14)A garden suite may be constructed on site or be transported as a modular unit to the lot, but shall
not include a mobile or mini-home.
(lS)A garden suite shall be a discretionary use.
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(16)Prior to the erection or placement of a detached secondary suite, the Council may require a written
agreement with the owner of the affected property to deal with matters such as the installation,
maintenance and possible removal of the secondary suite, the period of occupancy, and the
rehabilitation of the site.
4.7.8
Mini-Home and Mobile Homes
MINI-HOME -Definition: Mini-home means a sectional prefabricated dwelling designed for
transportation after fabrication to a site, typically transported by means of flat-bed trucks, and coupled
together mechanically and electrically to form a single structure situated on a concrete foundation,
either a full basement or crawlspace, but does not include a mobile home. Mini homes do not have
axles or a chassis.
MOBILE HOME - Definition: Mobile home means a transportable factory-built single detached family
dwelling unit:(a) which complies with space standards substantially equal to those laid down in the
Canadian Code for Residential Construction and is in accordance with the construction standards laid
down and all other applicable provincial and;(b) which is designed to be transported on its own wheels
and chassis to a mobile home lot, and subsequently supported on its own wheels, jacks, posts or piers,
or on a permanent foundation and connected to exterior public utilities , in order to be suitable for year
round term occupancy.
Mobile Home or Mini Home Park: means a development under single or joint ownership, cared for and
controlled by an operator where individual mobile or mini home lots are rented or leased with or
without units placed on them and where ownership and responsibility for the maintenance and
development of site facilities including underground services, access roads, communal areas, snow
clearing and garbage collection, or any of the, are the responsibility of park management. It does not
travel trailer park, campground or group dwellings.
Mobile Home or Mini-Home Subdivision: means a development requiring the subdivision of land
whether in single or joint ownership into two or more pieces or parcels of land for the purpose of mobile
home or mini-home lots and where the maintenance of streets and services is the responsibility of a
municipality or public authority. A mobile home may not be located within a mini home subdivision;
however, a mini home may be located within a mobile home subdivision.
Conditions:
(1) A mobile/mini home subdivision/park is required to submit a Planned Unit Development Application
(2.2.2 & 2.2.4);
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4.8
PUBLIC INFRASTRUCTURE AND UTILITIES
4.8.1
Communications
Definition: Communications means a television, radio, cell phone, or transmission tower or antenna, as
well other communications transmitting or receiving building or infrastructure and includes wireless
communications facilities, such as, infrastructure regulated by the federal government that enables
wireless communications including broadcast antennas, cellular phone towers including private antenna
systems for ham radio and citizen band radio, mounted on the ground or on another structure such as a
rooftop.
Conditions:
(1) Council may, within any zone, permit land or a building to be used in conjunction with
telecommunications structures or antennas subject to the following standards:
a. must meet Industry Canada standards;
b. where it is deemed feasible, a new telecommunications structure or antenna will share
existing telecommunications structure or antenna infrastructure or shall modify or replace
an existing telecommunications structure or antenna to accommodate the new and existing
telecommunications structure or antenna provided the changes to the existing
telecommunications structure or antenna do not detract from the appearance and character
of the surrounding properties;
c. the colour, location, and design of a new telecommunications structure or antenna shall not
detract from the appearance and character of the surrounding properties and do not
negatively impact aesthetically on adjacent lands and uses; and,
(2) The site or the building on which the telecommunications structure or antenna is erected or situated
shall be landscaped or treated in such a manner to minimize the visual impact on the surrounding
area.
4.8.2
Easement
Definition: Easement means the right to use land, most commonly for access to other property, or as a
right-of-way for utility service.
Conditions:
(1) No permanent building shall be constructed over any known easement, whether that easement
has been assigned to the Town, a department of the provincial or federal government, or any
utility company (i.e.: Newfoundland Power, telephone, cable television, Crown Land).
Permanent buildings include, but are not limited to, all dwellings and accessory buildings.
4.8.3
Utilities
Definition: Utilities means a development that comprises a system or works including municipal services
used to provide one or more of the following for public consumption, benefit, convenience or use:
a. water;
b. sewage disposal;
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c. drainage;
d. fuel;
e.
electric power;
f.
waste management;
g.
street lighting;
h. telecommunications,
i.
and includes minor buildings and the thing that is provided for public consumption, benefit,
convenience or use but does not include a water treatment plant, sewage treatment plant, solid
waste landfill, or power plant (including energy generating facilities in 4.4.5).
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(1) Water treatment plant, sewage treatment plant, solid waste landfill, or power plant shall be
reviewed as required by the development application process for the purposes of establishing
conditions for development and ensuring appropriate referrals are made to agencies such as
Environmental Assessment Division, Waste Management Division, etc.
(2) No adverse effect on adjacent land uses is created.
(3) The size and appearance of such works must be in keeping with adjacent uses; and,
(4) Provision shall be made for buffering in the form of landscaped areas between uses;
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5.0
ACCESSORY USES & ACCESSORY BUILDINGS AND HOME BUSINESSES
5.1
ACCESSORY USES
5.1.1
General accessory Uses
Definition: Accessory Use as defined in the Minster's Development Regulations (see Appendix 1)
' ... means a use that is subsidiary to a permitted or discretionary use and that is customarily expected to
occur with the permitted or discretionary use ... ';
Examples of accessory or subsidiary uses and buildings to a primary use include, but are not limited to,
the following:
a. facilities for the serving of food and alcoholic beverages in an arena or other public gathering
place, adult day care, senior's residence, marina, or hotel;
b. childcare, catering, convenience and take-out food service maybe permitted as an accessory use
to a recreational facility, provided that they are contained within the building envelope of the
recreational building;
c.
d.
e.
f.
a gift or souvenir shop in a museum, hotel or other public institutional establishment;
an office, convenience store, or small catering establishment in a campground;
a dock, wharf, slip or stage associated with a permitted use; exception includes a storage
building and workshop only if it does not detract from the nature of the neighbourhood;
a storage building or workshop;
g.
a subsidiary apartment which is a separate dwelling unit constructed within and subsidiary to a
self-contained dwelling or commercial building;
h.
i.
j.
k.
I.
m.
a home business;
a residence only associated with a resource use, such as a farm house on an agriculture farm
operation;
a satellite dish or similar device attached to a building;
a wind generator, solar panel, radio antenna, or similar device;
an office or storage building associated with a commercial building; and,
a workshop or storage building dock associated with an industrial use.
General Condition for all accessory uses:
Must conform to Use Zone Table in which the primary permitted use is located;
5.1.2
Subsidiary Apartments
Definition: Subsidiary apartment means a separate dwelling unit constructed within, or attached to, and
is subsidiary to a single detached dwelling.
Conditions:
(1) One subsidiary apartment may be permitted in a single detached dwelling only where there is no
Garden Suite;
(2) A subsidiary apartment shall be contained within the same building as the primary residential use.
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(3) Council may consider a subsidiary apartment for seniors as a granny suite built as an attachment to
the main floor of the principal single detached residential dwelling.
(4) For the purpose of calculating lot area and yard requirements, the subsidiary apartment shall be
considered part of the single detached residential dwelling.
(5) A minimum of two off-street parking spaces shall be required, one for the primary use and one for
the subsidiary apartment.
(6) The minimum floor area required is 40 m2for a one-bedroom subsidiary apartment, plus 10 square
metres for each additional bedroom.
(7) The apartment shall not alter the appearance of the structure as a single detached residential
dwelling;
(8) The apartment shall have a separate entrance/egress to the outside;
(9) The apartment must be completely self-contained, with facilities for cooking, sleeping, and bathing.
(lO)For lots without municipal water, Service NL shall determine water and sewerage disposal
requirements and a permit shall be issued subject to its approval.
5.1.3
Satellite Dish - Residential
Notwithstanding the requirements of the Use Zone Tables, a satellite dish associated with a residential
use shall be permitted subject to the following condition: a satellite dish which is attached to or forms
part of a dwelling shall not exceed a diameter of one decimal two five metres (1.25 metres);
5.1.4
Satellite Dish - Commercial
A satellite dish associated with a commercial use shall be permitted to the following conditions:
(1) unless otherwise determined by Council, there shall be one satellite dish per lot;
(2) the satellite dish shall not be located in the front yard or flanking side yard of a lot, unless the area
surrounding the satellite dish is screened from public view by an adequate natural buffer or screen,
the dish is consistent with the surrounding development of the area and the satellite dish does not
create any visual obstruction to adjacent developments or passing vehicular traffic.
(3) the satellite dish does not obstruct views from other properties.
(4) the satellite dish is anchored to the building or site to withstand the appropriate wind loads as
determined by Council.
(5) the satellite dish design, structure and colour are complimentary and sensitive to both the
development to which it is attached or situated and the immediate surrounding properties. In cases
where Council deems it appropriate, a satellite dish may be required to be screened or landscaped in
accordance with Council's requirements.
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5.2
ACCESSORY BUILDINGS
5.2.1
Accessory Buildings - General
Definition: Accessory Building as defined in the Minster's Development Regulations (see Appendix)
includes 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; examples include:
-
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,
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for commercial uses, workshops or garages, office or storage building and
-
for industrial uses, garages, offices, workshop or storage building, raised ramps and
docks;
General Conditions:
(1) Accessory buildings are permitted in each use class provided the buildings are clearly incidental and
complimentary to the main buildings' character, size and use.
(2) Accessory buildings shall not be used for human habitation.
(3) The side yard requirements set out in the applicable Use Zone Tables shall apply to accessory
buildings wherever they are located on the lot but accessory buildings on two (2) adjoining
properties may be built to property boundaries provided they shall be of fire-resistant construction
and have a common firewall.
(4) Quonset style/steel accessory buildings may be permitted within the Resource and Agriculture Use
Zone.
(5) Accessory buildings shall not be located in an easement;
5.2.2
Accessory Buildings - Residential Medium Density & Residential Rural (excluding Garden
Suites - 4. 7. 7)
Conditions
(1) Location:
a.
An accessory building shall not be built within any easement area;
b. Accessory buildings shall not be located in front of the building line (front yard) on the street
which the building has its legal civic address.
EXCEPT:
b.
An accessory building on a corner lot may be located in front of the building line on the flanking
yard provided the location does not impede visibility on the flanking street, and the accessory
building is set back a minimum of 8 metres from the flanking street; these accessory buildings
are limited to 50 square metres· provided that:
i.
A public notice has been advertised in accordance with the requirements for
Variances;
ii.
The slope of the lot and/or natural screening effectively blocks the view of the
building from the street and adjoining properties. The placement of the building
must not negatively affect neighbouring properties; and,
iii.
A site plan is submitted showing all buildings on the lot including the proposed
accessory building.
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(2) Size: The maximum size for an accessory building is 95 square metres or 10% of lot coverage
whichever is lesser;
(3) Setbacks:
a. A minimum of 1.2 metres from any property boundary; however, accessory buildings on 2
adjoining properties may be built to property boundaries provided they shall be of fire-
resistant construction and have a common firewall.
b.
2.4 metres from any building;
(4) Height: 6 metre maximum;
(5) Accessory buildings shall not be used for commercial or industrial uses on a residential property,
regardless of the use zone in which it is located, unless Council has issued a permit for such use;
(6) Repairs to vehicles, other than minor vehicle maintenance, are prohibited in accessory buildings;
(7) No truck, bus, semi-trailer, or other vehicle body shall be used as an accessory building);
(8) Except for minor maintenance, no accessory building shall be used for the repairing, painting,
dismantling, or scrapping of vehicles or machinery;
(9) An accessory building may be used for a home business as outlined in home business section.
(l0)Exterior Cladding: With the exception of greenhouses, the exterior cladding of the accessory building
shall match or coordinate with the exterior siding of the main dwelling on the lot and shall be
residential in character.
(ll)Exclusive of cold frames, decks, gazebo's, greenhouses, swimming pools and temporary repair
shelters, accessory buildings shall have a floor area of no greater than 80% of the dwelling lot
coverage;
(12)Discretionary Decisions of Council: In making discretionary decisions with respect to accessory
buildings, Council shall consider:
a. The location of the accessory building on the lot;
b. The size of the accessory building compared to the dwelling on the lot and the size of
structures on neighbouring properties;
c. Visibility of the structure from neighbouring properties and/or street;
d. If the accessory building will block a view and/or light from adjoining properties;
e. The use of the accessory building;
f.
Site conditions, such as topography and the presence of wetlands; and
g.
Any other on-site conditions that may warrant Council's considerations.
5.2.3
Accessory Buildings - Non-Residential
An accessory building associated with a non-residential use shall be permitted, subject to the following
requirements:
(1) an accessory building shall be located on the lot so that it has no undesirable impact on the private
enjoyment of adjoining residential lots;
(2) the use of an accessory building shall be directly related to the principal use or building on the lot;
(3) the maximum floor area of an accessory building shall be 100 square metres or seven percent (7%)
of the lot coverage, whichever is lesser;
(4) an accessory building shall not be erected or placed upon any easements;
(5) an accessory building shall maintain a minimum side yard and rear yard of 1 metre;
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(6) an accessory building shall maintain a minimum separation distance of 2 metres from the main
building;
(7) radio and television antennae shall have a maximum height of 15 metres;
(8) the exterior siding of an accessory building shall match or be complimentary to the exterior siding of
the principal building on the lot.
(9) For a use that may occur in residential, rural, commercial zones, a
wharf/ Boathouse/ Slipway/ Breakwater is subjected to the following conditions:
a.
Must meet Use Zone Site Development Conditions;
b. Appropriate noise and separation measures shall be incorporated into the development to
reduce noise impact on surrounding properties;
c.
Wharf/ Boathouse/Slipway/Breakwater structures for both commercial or
residential/cottage use shall follow the guidelines for the Construction and Maintenance of
Wharves, Breakwaters, Slipways and Boathouses which are available from the Water
Resources Management Division;
d. The Applicant must obtain a permit under of the Water Resources Act, 2002 under Section
48 for any infilling or dredging work associated with these structures or other works near or
in any body of water prior to the start of construction.
5.3
Home Business in the Residential Land Use Class
Accessory uses in residential areas are primarily those subsidiary activities occurring in homes; these are
most commonly referred to as 'home businesses' and are sufficiently prevalent to require specific
standards to ensure that the intent of each residential zone can be protected for the enjoyment of its
residents.
5.3.1
General Home Business
Definition: General home business means a subsidiary use of a dwelling or associated accessory building
for commercial use involving the provision or sale of goods and/or services without detracting from the
residential character of the neighbourhood in terms of traffic, or any other nuisance. Examples may
include, but not limited to:
1.
Professions, such as an accountant, architect, auditor, engineer, realtor, insurance agent,
planner, lawyer;
2. Personal service that does not disrupt the residential character of the neighbourhood, such as a
hairdressing, tailor, photographer, pet groomer, caterer's establishment, shoe repair,
dressmaking, sewing repairs and tailor shop, small appliance, clock/ watch, bicycle, ski and
snowboard and computer repair, locksmiths, manicurists;
3.
Care services, such as child care, or home-care; and similar occupations or businesses.
4. Artisan and other home crafts;
5. Food preparation for catering services and baking;
6. Bed and Breakfasts;
7.
Music and dance lessons and educational tutoring;
8. Telephone and mail order business;
9. Art gallery and framing shop;
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10. Pet grooming services;
11. Furniture repair and upholstery;
12. Sale of bedding plants and trees grown on the same lot;
13. Any business applying for only a phone/fax/internet service is permitted;
14. Discretionary Uses as approved by the Authority.
Exclusions:
An accessory home-based business shall not include any business activity related to any of the following
uses:
1. Occupations that discharge or emit odors, noxious or toxic matter or vapors; heat, glare, noise
and/or radiation;
2.
Manufacturing, welding or any other light industrial use;
3. The salvage, repair, maintenance or sales of motor vehicles, or motor vehicle engines or parts;
4. Tow truck operations;
5. The use of mechanical or electrical equipment except as ordinarily utilized in purely domestic,
household, recreational hobbies or a home office use;
6. The use of any motor vehicle exceeding 4,500 kg licensed gross vehicle weight, or a commercial
vehicle unless such vehicle is completely enclosed within a building;
7.
Materials and commodities that involve delivery to and from the home-based business residence in
such bulk or quantity as to require regular or frequent delivery by a commercial vehicle or trailer;
8. Business that results in traffic congestion, on street parking overflow, electrical interference, fire
hazards or health hazards;
9. Veterinary clinics, pet breeding and boarding kennels;
10. Orchestra and band training;
11. Office uses that generate regular daily visits by clients, as in a clinic;
12. Public gathering use;
13. Telephone or mail order sales of goods where customers enter the premises to inspect, purchase or
take possession of goods;
14. The sale of any commodity not produced on the premises, except for personal service-related
products;
15. Warehouse outlet;
16. Contractors Yards;
17. Adult Entertainment Uses; and,
18. Any other use that is not complimentary to the quiet enjoyment of a residential neighbourhood.
General Development Conditions for Home Businesses:
(1) The use is clearly subsidiary to the residential use, does not alter the character of the property or
detract from the residential character of the neighbourhood. The primary use of the property
remains residential and the scope and intensity of the use classes is entirely compatible with the
residential uses of the property and neighbourhood;
(2) The external appearance of the dwelling or accessory building shall not be changed by the home
business.
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(3) Activities associated with the use are not hazardous, and are not a nuisance to the occupants of
adjacent dwellings; no mechanical equipment is used except that is reasonably consistent with the
use of a dwelling
(4) No regular parking of commercial vehicles or trailers except for one vehicle with a gross weight of no
greater than one tonne will be permitted.
(5) The residence is occupied by the operator of the home business.
(6) The business within the dwelling must be owned and operated by 1 (one) resident of the dwelling.
The property owner must authorize an application for a home business by a resident who is not the
owner of the property. Working within the residence, the home business is limited to 1 (one)
employee or staff in addition to the owner/operator.
(7) There shall be no wholesale or outdoor storage or display of goods or equipment.
(8) There shall be no use or storage of hazardous or dangerous materials.
(9) Any retail sales are incidental and subsidiary to the approved use; no wholesale or retail sale of
goods is externally apparent, for example, if sale of crafts occurs, it does not occur through walk-in
or drive-in trade. A home-based business is not a retail shop, nor for customer destination
wholesale sales.;
The residential lot has sufficient area to accommodate the parking and loading requirements of t he
dwelling unit and the home business. In addition to the two required parking spaces for a residential
zone use, a home-based business shall provide one additional parking space for each non-resident
employee working at such facility. The home base business applicant shall provide a site plan that
indicates the parking space's location and any landscape improvements related thereto at time of
business license application.
(1) The only home businesses that can be conducted outside the dwelling or accessory building are non-
farm operation animal husbandry and market or home garden uses as defined under 'Agriculture -
Urban' and Child Care.
(2) A non-illuminated identification sign not exceeding 0.2 square metres in area shall be permitted
provided that the sign is consistent with the residential character of the neighbourhood.
(3) The use must be carried out inside the dwelling unit or inside an accessory building located on the
same lot; the home business shall occupy:
a. no more than thirty percent (30%) of the total floor area of the dwelling unit to a maximum
of 55 square metres can be used for the home occupation; and,
b. the home business can be housed all or in part in 1 (one) accessory building.
(4) Council may require fencing, screening, and/or a minimum buffer to protect the amenity of adjacent
uses.
(5) The home business shall not create traffic safety or traffic congestion concerns. The use shall not
generate traffic in excess of an average of 3 customer visits per hour and no home business shall
operate between 9 pm and 7 am.
(6) Sufficient off-street parking must be provided; one dedicated parking spot is required if there is the
allowed employee of the home business working in the dwelling. If there will be customer visits,
adequate parking shall be provided to ensure no parking on the street by residents, staff, or
customers from the property housing the home business. Parking shall respect and maintain the
residential character of the neighbourhood;
(7) The home business shall adhere to all other conditions that Council considers necessary to protect
the amenity of adjacent uses and the neighbourhood.
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(8) The home business shall not use water or generate sewage in excess of what is normal is the
residential area and can be accommodated by the municipal water supply and sewage system.
5.3.2
Development Conditions for Specific Home Businesses
5.3.2.1
Bed and Breakfast
Definition: Bed and breakfast, sometimes referred to as a hospitality home or inn, means an owner-
occupied or owner-managed dwelling for paid temporary accommodation with no more than four (4)
guest rooms. The establishment may include a self-serving dining area for the use by overnight guests.
Catered dining may be considered on a limited-use basis. It does not include a hotel, motel or hostel.
Conditions:
(1) The principal use of the residential dwelling unit shall continue to be the home for the ongoing
occupation by a single family; no other use such as for a Residential Care or Boarding use shall be
permitted at the same time as a Bed and Breakfast use;
(2) No more than four bedrooms accommodating not more than eight persons at any one time may be
used by residential homes for a Bed and Breakfast use;
(3) Bed and Breakfast amenities shall include a minimum of sleeping accommodation area per bedroom
of 12 m2 and full bathroom and washroom facilities with potable hot and cold water for each
bedroom;
(4) A Bed and Breakfast Use is not permitted within a subsidiary apartment, a mobile home or within
multi-unit dwellings units in the zones_.
(5) Must conform to Use Zone Table and conditions
5.3.2.2
Boarding House
Definition: Boarding house or lodging house means a single detached dwelling in which rooms are
regularly rented to 3 or more persons other than the immediate family of the owner or tenant. Guests
are semi-permanent boarders/lodgers, whereas hotel guests are travelers and transient guests. For
clarification, no permit is required for 1 or 2 boarders in a single detached dwelling.
Conditions:
(1) Must conform to Use Zone Table and conditions as well as the General Standards for Home
Businesses
5.3.2.3
Day Care: Residential
Definition: Day care or family and group care means a single detached dwelling accommodating up to
but no more than six (6) persons exclusive of family or staff receiving care in a home-like setting, for
example, group homes, halfway house, child, adult care (seniors) or disabled persons.
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Conditions
(1) The section of the street on which the use is located allows sufficient area and sight distance for the
safe and convenient drop off and pick up of children without hindering the safety and convenience
of vehicular and pedestrian traffic on the street, or the development provides adequate off-street
drop off or pick up spaces satisfactory to Council;
(2) the use is compatible with nearby uses; that is, the use of the dwelling does not materially differ
from, nor adversely affect, the amenities of the adjacent residences, or the neighborhood in which it
is located;
(3) the use shall occupy a maximum of forty percent (40%) of the floor area of the dwelling unit;
(4) the use should have a maximum of six (6) adult day care users present at any time;
(5) a minimum of 5 m2 of net floor space 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;
(6) the operator of the day care shall maintain the dwelling in which the use is located as his/ her
primary residence;
(7) the use shall operate only during the full daytime period between 7:30 a.m. and 6:00 p.m.
(8) A 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 Council;
(9) Council may require special access and safety features to be provided for the occupants before
occupancy is permitted.
5.3.2.4
Parking for Home Business
(1) In addition to the two required parking spaces for a residential zone use, a Home-Based Business
shall provide one additional parking space for each non-resident employee working at such facility;
(2) The Home Base Business applicant shall provide a Site Plan that indicates t he parking space's
location and any landscape improvements related thereto at time of business license application.
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6.o
GENERAL REGULATIONS
The following sections contain standards and conditions that may be relevant in any zone for any
development subject to the site location and proposed use or development.
6.1
FEDERAL AND PROVINCIAL GOVERNMENT REQUIREMENTS
Notwithstanding the compliance obligations of sub-section 1.2, the following federal and provincial
government requirements are set out below. Wherever possible, the requirements of the federal and
provincial agencies have been incorporated into the Development Regulation standards; however, given
that these change over time and other exigencies, applicants are responsible to ensure that all
appropriate federal and provincial permits and approvals have been secured prior to the use and/or
development of land within the Municipal Planning area boundary.
Where available, the Land Use zoning mapping shows the boundaries of land use designations and
buffers required by provincial or federal legislation.
6,1,1
Mineral Lands Division
6.1.1.1 Removal of Quarry materials, site grading, soil deposit
(1) No development permit for removal or deposit of soil, or the excavation and removal of excavated
material or grading is required if it is part of an approved development project or affects less than
125 m3 of soil, sand, gravel, rock or other substance down to and including bedrock. All other cut or
fill work, excavation and removal and deposit of material or grading requires a development permit
under these Development Regulations.
(2) Removal or deposit of soil, topsoil, sods, or the excavation and removal of excavated material or
grading requiring a development permit, provided the work is based on a grading plan, will result in
an improved site for uses permitted in the Zone where it is located and it must meet the following
conditions:
a.
resulting slopes are stable and without hazards;
b.
when the work is completed, the area affected shall be covered with topsoil and other
necessary material for vigorous plant growth and planted with appropriate vegetation;
c.
drainage must be provided to the satisfaction of Council and shall be designed so as not to
impair existing surface drainage nor to create erosion either on the site or on adjacent sites.
(3) Restrict development in environmentally sensitive areas such as steep slopes and areas prone to
landslides and rockfall;
(4) For approved developments where the extraction of quarry materials is occurring or may be
expected occur, the Town shall send a copy of the development permit to the Quarry Materials
Section, Mineral Lands Division, at [email protected] .
Note that quarry materials include but are not limited to aggregate, fill, rock, stone, gravel, sand, clay,
borrow material, topsoil, overburden, subsoil, peat. It is important that the Mineral Lands Division
have the documentation necessary to distinguish excavation associated with an approved
development from excavation that constitutes quarrying; possessing development permits for
developments which may involve excavation will assist greatly in making this distinction.
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6.1.1.2 Quarry buffer
Any development application within the 300-metre Quarry referral buffer must be referred to the
Mineral Lands Division for comment prior to approval of the application;
6.1.2
Land Resources Management Division (Agriculture)- Blueberry Management Areas
The identified locations of Blueberry Management Areas established under the Lands Act, 1990, are to
be protected for the primary use of commercial agriculture. If commercial agriculture is discontinued
and there is an application for another use of the site, the Town must consult with the Land Stewardship
Resources Division before issuing any development permit.
6.1.3
Crown Land
Definition: Crown land has the meaning as set out in the Lands Act, 1991.
Conditions:
(1) The use of Crown land is subject to the Town of Clarke's Beach Municipal Plan and Development
Regulations, including zoning and permitting requirements.
(2) Approvals must be obtained from the appropriate Regional Lands Office, Government of
Newfoundland and Labrador; applications are made to the Regional Lands Office.
(3) Crown land applications must be approved by the Council regarding the use and development of the
land prior to approval for issuance of title by the Lands Branch of the Government of Newfoundland
and Labrador.
6.1.4
Surveys & Mapping Division
(1) Control Survey markers are Identified for protection by the GIS & Mapping Division and are shown
on the Land Use zoning map; Council must ensure that these are not disturbed by development.
Council shall inform the Surveys and Mapping Division when a proposed development is proposed in
the vicinity of a Survey Control Monument. There are 9 monuments in the Municipal Planning Area
as shown on the Land Use Zoning map.
6.1.5
Archaeological Sites
If an archaeological site or artefact is discovered during development of a property, the development
shall stop and Council shall consult with the Provincial Archaeology Office. Development shall not
proceed until the Provincial Archaeology Office has evaluated the site or authorized the development to
proceed.
The Provincial Archaeology Office indicated that there is one known archaeological site registered with
the PAO which is a mid-19th Century Fann (CjAh-19). This site is protected under the Historic Resources
Act, 1990 and is not to be interfered with in any way. The location is not shown on the Land Use Zoning
Map; however, the Town has the location as shown on the ILUC map which cannot be made public. If
there are plans for development in the area, they shall be referred to the PAO for review to ensure the
archaeological site is not negatively impacted
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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 comments
6.1.6
Water Body Protection (watercourse and wetland)
Definition: (From the Water Resources Act, 2002) "body of water" means a surface or subterranean
source of fresh or salt water within the jurisdiction of the province, whether that source usually contains
liquid or frozen water or not, and includes water above the bed of the sea that is within the jurisdiction
of the province, a river, stream, brook, creek, watercourse, lake, pond, spring, lagoon, ravine, gully,
canal, wetland and other flowing or standing water and the land occupied by that body of water;
Conditions:
To ensure conformance with requirements ofthe Water Resources Management Division of the
provincial government regarding development within or adjacent to a Watercourse or Wetland, the
following applies:
For all portions of a lot that are located within 15 metres of the edge of a wetland or the top of the
stream bank of a watercourse, no building or structure shall be permitted, except for:
a.
reconstruction of a building that was in existence on the date of approval of this Municipal Plan;
b. an accessory building or structure to the above reconstructed building;
c.
a passive recreational use;
d. wharves, boathouses, slipways and breakwaters that conform to the guidelines provided by the
Water Resources Management Division; and/or,
e.
uses that require direct access to a body of water in buffers.
(2) A Section 48 permit under the Water Resources Act, 2002 administered by the Water Resource
Management Division of the Department of Municipal and Provincial Affairs, and compliance with
departmental policy is required, for:
a.
Any infilling work within 15 metres of a body of water; and,
b. Any work in Shore Water zones ("Shore Water Zone" means the land that is intermittently
occupied by water as a result of the naturally fluctuating surface water level in a body of water
which can be either a fresh or salt water body and, in either case, the low water mark and high-
water mark of the water body defining the edges of the shore water zone);
(3) A Non-Domestic Water Use Permit from the Water Resource Management Division of the
Department of Municipal and Provincial Affairs is required before construction and for all existing,
new or planned water use from any water source;
(4) On-site sewerage disposal systems are prohibited within 30 metres from a waterbody or
watercourse;
(5) Where fish habitat is affected, Fisheries and Oceans Canada must be consulted.
6.1.7
Wildlife Division
(1) To protect general wildlife habitat and landscape connectivity, require the Protection 'on following
conditions on applications in the vicinity of waterbodies, as practicable:
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i.
a riparian buffer of 30-metre minimum undisturbed natural vegetated along
wetlands and waterbodies (ponds, rivers, creeks etc.) or more for riparian areas near
agricultural areas;
ii. green belts connected to forested areas or other habitat patches to create wildlife
travel corridors;
111.
indicate a minimum percentage of forests to be maintained during lot clearing;
(2) Vegetation clearing to be done outside the May 01 to July 31 period, to minimize disturbance during
that sensitive breeding/ young rearing, whenever possible;
6.1.8
Provincial Highway Sign Regulations, 1996
(1) A permit for erection or display of advertisement on Provincial Highways shall be obtained from the
Government Service Centre. This requirement applies within a control line established on each side
of every highway, as follows:
(2) Every control line shall be 400 metres distant, measured horizontally, from the centre line of the
roadway or the centre line of the nearest lane of a divided highway.
(3) Notwithstanding subsection (1), within the boundaries of each incorporated municipality or the
built-up established areas of unincorporated communities, the control line shall be 100 metres
distant, measured horizontally, from the centre line of the roadway or the centre line of the nearest
lane of a divided highway.
6.1.9
Climate Change Impacts
Council shall take into consideration available data regarding provincial climate change projections.
Climate change is expected to result in more precipitation and more frequent extreme weather events
that may result in increased flooding, sea surge and coastal erosion. These factors shall be considered
when allocating land for future developments that are in close proximity to a river, floodplain or
coastline. Provincial climate change projections for St. John's (nearest regional sites) be considered in
development stages. These projections suggest that extreme precipitation events will become more
intense. For example:
On a 24-hour basis, a l-in-IOO year storm is expected to bring 167 mm of precipitation by mid-century,
an increase from the current climate's 137 mm (22% growth); and o on a 12-hour basis, a l-in-IOO year
storm is expected to bring 150 mm of precipitation by mid-century, an increase from the current
climate's 122 mm (23% growth).
6.1.10
Forestry
Forestry activities are permitted uses in the Rural zone. There are no identified forestry activities in the
other zones as these activities are not compatible with the primary purpose of the other zone. The
Domestic Harvesting area is located in the Rural zone.
6.3.11
Easements - Newfoundland and Labrador Hydro
Consult with Newfoundland Power and Newfoundland and Labrador Hydro regarding any applications
for development near transmission lines that fall within the Municipal Planning Area boundary.
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6.3.12 Digital Government and Service NL
Council shall require compliance with Service NL requirements, before issuing approvals. These include,
but are not limited to: on-site services, highway signs; electrical permits; building accessibility; access to
highways; tanning salon and/or Personal services establishment; Food establishment licence; public
markets/farmer's markets; meat plant; pool; wastewater or water system approval; tobacco sales; water
supply testing; cemetery; waste management; fuel storage and handling; asphalt, boiler; pressure vessel
and compressed gas installation.
6.3.13
National Codes and Regulations
The National Building Code, and associated codes, such as the Plumbing Code, the Fire Code, the
Electrical Code, the Life Safety Code, and any other ancillary code and other municipal regulations or
bylaws regulating or controlling the development, conservation, and use of land shall, under these
Development Regulations apply to the entire Municipal Planning Area.
6.3.14
Federal Land, Department of National Defence
An overlay of the Federal Weapons Range is shown on the Land Use Zoning map where no applications
for development are to be accepted. Only development as allowed by the Department of National
Defence is permitted withing the area of the Weapons Range.
6.3.15 Department of Fisheries and Oceans Canada
For any work conducted in or near water, particularly the Scheduled Salmon Rivers - North River and
South River - the Town shall consult with Fish and Fish Habitat Protection Program, Fisheries and Oceans
Canada to determine potential impacts and mitigative measures regarding fish and fish habitat.
6.3.16 Protected Road Zoning Regulations, 1999
The Municipal Planning Area boundary overlaps with the Building Control line (400 metres from
centreline) of the Trans-Canada Highway which is subject to the Protected Road Zoning Regulations,
1996. A permit is required for any development from the Government Service Centre, Department
of Digital Government and Service NL as well as from the Town.
6.3.17
Scheduled Salmon Rivers (Environmental Protection Act, 2002)
An undertaking located within 200 metres of the high-water mark of a Scheduled Salmon River (North
River and South River) must be registered for an Environmental Assessment review under Section 28 of
the Environmental Protection Regulations, 2003.
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6.2
ACCESS AND STREETS
Definition: 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 (definition from
the Minister's Development Regulations).
Development Standards
(1) All development must front on to a publicly maintained road (Provincial or Municipal) and have
independent, approved access. Exceptions include: (1) a development wit hin a Planned Unit
Development (PUD) where there may be an internal road plan; however, the PUD must front onto a
publicly maintained road; and (2) natural resource uses and associated industries, i.e., agriculture,
forestry, mineral working, etc
(2) An access on a municipal road shall be located as specified by the Council; Access(es) shall be located
to the specification of Council so as to ensure the greatest possible convenience and safety of the
street system. Council may prescribe the construction of service streets to reduce the number of
accesses to collector and arterial streets.
(3) All access to a provincial highway is determined by the Department ofTransportation and
Infrastructure (Note: access permits are administered by Service NL).
(4) No vehicular access shall be closer than 10 metres to the street line of a street intersection of a local
road, or 20 m to the street line of a street intersection in the case of a collector or arterial road.
(5) The Council may require the provision of service streets to reduce the number of individual accesses
to an adjacent street.
(6) Details regarding off-street loading and parking can be found in Chapter 7.
(7) Notwithstanding subsection 1, the following types of development may be allowed on lots that front
on to a private road provided that arrangements are made for the maintenance of the on-site road,
but that the road is not maintained by a Council at public expense:
a.
commercial rental cottages;
b. seasonal commercial uses related to tourism;
c. resort developments;
d. seasonal cottage developments not intended for permanent residential use; and,
e. vacant land condominium subdivisions.
(8) A new street may not be constructed except in accordance with and to the design and specifications
established by Council.
(9) Where Council has adopted an access plan, the location of accesses to existing and new
developments shall be in accordance with that plan.
{lO)Access shall be located so that there is no visual obstruction for drivers of vehicles entering or exiting
the development; therefore, to protect sightlines (view) of motorists and pedestrians:
{ll)AII occupied lands within 7 metres of a street intersection shall be kept free of any shrubs, plants,
and trees that impede the line of vision clear for motorists and pedestrians, and
(12)No building or structure shall be permitted to be erected, moved, enlarged, or reconstructed on any
land that is within 7 metres of a street intersection.
(13)In order to control access to streets, Council may, by the adoption of an Access Plan:
a. determine the number, location and layout of accesses to a street;
b. require an access to a service street, where direct access to an arterial street is not
desirable;
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c.
require two or more properties to share a joint access to an arterial street where individual
accesses would not be desirable; and,
d. reduce the minimum lot frontage required by on the Use Zone Table by up to fifty percent
(50%}, provided that Council is satisfied that such a reduction shall not create traffic
hazards or demands for municipal services.
(14}Where Council has adopted an access plan, the location of accesses to existing and new
developments shall be in accordance with that plan.
6.3
BUFFERS AND SEPARATION DISTANCES BETWEEN LAND USES
Definition: Buffer means a berm, wall or opaque fence, row of trees or shrubs, hedge, fence, or distance
separation that provides a barrier between incompatible uses intended to obstruct or reduce the noise,
lighting glare, unsightly views or any other nuisance of one land use or property onto another. Council
may require landscaping and screening buffers for a proposed development in order to provide:
a.
an acoustic barrier;
b. an attractive visual continuity and appearance between developments or on an individual site;
c. delineation of an area; and
d. protection for the natural environment.
Conditions
(1) A screen or separation between different or incompatible uses, principally between residential and
non-residential uses, may consist of either a screen of a minimum height of 2.4 metres and a buffer
of 10 metres between residential and industrial and 3 metres between residential and commercial.
(2) Where an industrial, commercial or public institutional development permitted in any Use Zone
abuts a street that is used as an access into a residential area or zone, a structural barrier or fence
may be required in the flanking street side yard by Council and the structure or barrier shall be
maintained by the owner or occupier of the property to the satisfaction of Council
(3) The following standards shall apply to development in the vicinity of waterbodies and in forested
areas, as practicable:
a. a riparian buffer of 30-metre minimum undisturbed natural vegetated along wetlands and
waterbodies (ponds, rivers, creeks etc.) or more for riparian areas near agricultural areas;
b. green belts connected to forested areas or other habitat patches to create wildlife travel
corridors;
c.
indicate a minimum percentage of forests to be maintained during lot clearing;
d. Vegetation clearing to be done outside the May 01 to July 31 period, to minimize
disturbance during that sensitive breeding/ young rearing, whenever possible;
6.4
PROHIBITION ON NUISANCE, DANGEROUS OR UNSIGHTLY LAND USE/DEVELOPMENT
Definitions:
Nuisance means activities that created a nuisance by causing or promoting fires or other hazards or
which may emit noxious, offensive or dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit,
excessive noise or vibration, or create any nuisance that has an unpleasant effect on the senses unless
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its use is authorized by Council (for example, in the Industrial zones) and any other authority having
jurisdiction.
Dangerous or unsightly means partly demolished, decayed, deteriorated or in a state of disrepair so as to
be dangerous, unsightly or unhealthy, and includes property containing:
a.
ashes, junk, cleaning of yards or other rubbish or refuse or a derelict vehicle, vessel, item of
equipment or machinery, or bodies of these or parts thereof,
b. an accumulation of wood shavings, paper, sawdust, dry and inflammable grass or weeds or other
combustible material,
c.
an accumulation or collection of materials or refuse that is stockpiled, hidden, or stored away and is
dangerous, unsightly, unhealthy, or offensive to a person, or
d. any other thing that is dangerous, unsightly, unhealthy or offensive to a person, and includes
property, a building or structure with or without structural deficiencies
i.
that is in a ruinous or dilapidated condition,
ii.
the condition of which seriously depreciates the value of land or buildings in the vicinity,
iii.
that is in such a state of non-repair as to be no longer suitable for human habitation or
business purposes,
iv.
that is an allurement to children who may play there to their danger,
v.
constituting a hazard to the health or safety of the public,
vi.
that is unsightly in relation to neighbouring properties because the exterior finish of the
building or structure is not maintained,
vii.
that is a fire hazard to itself or to surrounding lands or buildings,
viii.
that has been excavated or had fill placed on it in a manner that results in a hazard, or
ix.
that is in a poor state of hygiene or cleanliness;
Condition:
(1) No building or land shall be used for any purpose which may be a nuisance, dangerous or unsightly.
6.5
LOT SITING AND BUILDING ENVELOPE
6.5.1
Lot Area Integrity
(1) No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof, such
that,
a. the lot area, frontage, front yard, rear yard, and side yards are less than the minimums
permitted by these Development Regulations for the zone in which such lot is located, and
b. the lot coverage of all buildings exceeds the maximum permitted by these Development
Regulations for the zone in which such lot is located.
(2) Where any part of a lot is required by these Development Regulations to be reserved as a yard, it
shall continue to be so used regardless of any change in the ownership of the lot or any part thereof
and shall not be deemed to form part of an adjacent lot for the purpose of computing the area
thereof available for building purposes.
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(3) Unsubdivided Land: Development is not permitted on unsubdivided land unless sufficient area is
reserved to satisfy the yard and other allowances required in the Use Zone in which the property is
located. These requirements must be retained when the adjacent land is developed.
6.5.2
Lot Fronting on to a Public Street
No residential, commercial or public building shall be erected on a lot that does not front directly onto a
public street unless the subject lot forms part of a comprehensive development.
6.5.3
Building Line and Setbacks (Refer to Appendix 1)
(1} The building line setback is measured from the street right of way at the front of the property;
(2} Adequate building setback from roads shall be required in order to maintain road standards,
consider public safety requirements for side/back/front yards; and conform to the existing
development pattern; and, ensure adequate provision is made for light, privacy, and amenity.
(3) Setbacks may be required that are sufficient to allow for landscaping of front yards, vehicle off-
street parking and take into consideration Town service obligations, such as, snow clearing;
(4) To encourage a more interesting streetscape Council can allow staggered building line setbacks;
(5) Council, at its discretion, may allow development to complement existing building setbacks of
adjoining properties by varying the yard requirements up to 10% after notification of the proposed
variance is given to neighbouring property owners in accordance with section 2.3.1.
(6) If required, the building line as set out in the provincial Building Near Highways Regulation along
any provincial highway, must be adhered to.
6.5.4
Flanking or Corner lots and double fronting lots
6.5.5
Side Yards
In the case of a corner lot, the shortest lot line facing the
street shall be the front lot line; therefore, the other lot
line is the flanking side yard, and in the case of double
fronting lots or where the lot lines are equal in length, the
front lot line shall be determined by the orientation
direction of the majority of adjacent neighbourhood
buildings, and the other lot line is the flanking side yard.
An unobstructed side yard shall be provided on the exposed sides of every building in order to provide
access for the maintenance of that building.
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6.5.6
Multiple Uses on One Lot
(1) Where two or more different uses may exist in a single building, more than one main building may
be permitted on a single lot, or a single lot may contain more than one permitted use, provided that
each use shall conform to all requirements in these Development Regulations that are applicable to
that use. EXCEPTION: This does not apply to a single detached dwelling that is not part of a
comprehensive development.
(2) Multiple use may not be permitted where the Authority determines that the proposed use would
not be compatible with existing uses on or adjacent to the lot by reason of safety, amenity,
appearance, or nuisance.
(3) Where more than one main building is developed on a single lot, sufficient area shall be reserved to
satisfy the yard requirements and other allowances outlined in the Use Zone Table applicable to the
lot. These allowances shall be maintained when the adjacent land is developed.
6.5.7
Outdoor Storage
(1) Outdoor storage shall not be located in front yards, unless specified in the zone.
(2) The Council may require screening from street and other surrounding development which may
include fencing or landscaping.
(3) Outdoor storage shall be maintained with a stable surface to prevent raising or movement of dust,
clay, mud or loose particles.
(4) The Council may, where a development is unsightly or dangerous to health or safety, order the
owner or occupier of the site to remove and dispose of unsightly or dangerous materials or
buildings, or restore the unsightly or dangerous materials or buildings to a more acceptable and
pleasing condition.
6.5.8
Siting Conditions for Single Detached and Semi-Detached Dwellings
(1) The front wall of a dwelling shall face the street on which it is located and shall have a civic number
easily visible for fire and emergency services.
(2) All residential structures shall front on a publicly maintained road. (Refer to Provision 6.2 (1) for
additional details).
(3) Minor Front Yard Projections on a Residential Lot:
(4) No portion of a dwelling shall project into the minimum building line setback except for the
following circumstances and in accordance with the following provisions. The following projections
may be permitted:
a. chimney breast, eaves, sills or cornices not projecting more than one metre into a required
front yard depth;
b. unenclosed steps with or without a landing;
c.
an unenclosed or enclosed porch that projects no more than two metres into the required
front yard depth or beyond the established building line for the lot;
d. a patio or veranda in accordance with the conditions as outlined in the specific Use Zone;
e. wheelchair ramps or other accessibility devises as approved by Council.
(5) Council may permit the projection to exceed beyond two metres (2 m) into the building line setback
if it is the view of Council that the projection does not negatively impact the sight lines or
streetscape of the residential street, does not create obstructed views for adjacent or nearby
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residential properties, and the projection is architecturally and aesthetically compatible with the
dwelling to which it is attached.
(6) The projection does not encroach upon or reduce the minimum amount of parking required for the
lot;
(7) The projection does not encroach upon or create an obstruction in the sight triangle for corner lots;
{8) A wheelchair ramp must be built to the Building Code of Canada standards:
a. Every effort must be made to construct a wheelchair ramp such that it runs adjacent to the
dwelling that it provides access to, rather than extend at an angle away from the dwelling
face.
b. At its discretion, Council may, after consulting with abutting property owners, permit an
access ramp for a wheel chair to be erected outside the minimum setback of the front yard,
side yard, or rear yard of a lot if:
i. There are no alternative means to provide the access ramp, and
ii. The ramp does not create a safety hazard or block sight lines.
(9) A heat pump, air conditioner or external fan may be required to be:
a.
be located:
i. in the flanking street side yard or rear yard of the principle building of the lot of
property on which the heat pump, air conditioner or external fan is situated;
ii. no closer than 2.4 metres from a side lot line of the lot or property on which the
heat pump, air conditioner or external fan is situated; and
iii. no closer than 3 metres to a door or window of a dwelling on an adjoining lot.
iv. be placed on a concrete base that rests on or in the ground, or equivalent.
b. not generate noise exceeding 55 dBA at the property boundary. If a mini-split heat pump is
found to be exceeding that limit, noise mitigation measures shall be employed to reduce the
noise level to a maximum of 55 dBA.
6.5.9
Building Orientation and Quality
Taking into consideration 6.2 regarding building orientation to the street, it is recommended that
wherever possible, development or the siting of a building on a lot be configured to optimize winter
solar exposure and shall take into consideration street/building layout, shading, landscaping, and on-site
parking.
Building Materials: All building materials for exterior finish shall be subject to approval of Council in
respect to acceptable visual quality and design appearance. Any outside elements including exposed
ductwork, outside air conditioning units, cooling towers and tanks are subject to the approval of Council
in respect to acceptable visual quality.
6.5.10
Heritage Building or Structure
Where Council designates a building or structure as a heritage building or structure, no person shall pull
down or demolish the designated heritage building or structure except for life safety reasons or to carry
out a public work, nor shall the exterior of the heritage building or structure be repaired or altered
without the written approval of Council.
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6.6
LANDSCAPING AND FENCES
6.6.1
General Landscaping Requirements
1. No site work (clearing or grubbing) shall commence until a development permit is issued including
conditions regarding existing site vegetation and proposed landscaping treatment.
2. The provision of adequate and suitable landscaping or screening may be made a condition of any
development permit for a new development or the renovation of an existing building that includes
site work, where, in the opinion of the Town, the landscaping or screening is desirable to preserve
amenity and/or or protect the environment.
3. Proposed landscaping or a minimum of suitable ground cover must be achieved within 18 months of
completion of the work approved in the development permit.
4. The Council may require a landscape deposit or a financial guarantee (refer to subsection 2.5.4) in
the amount to cover the costs of the landscaping of the lot or area as a condition of the
Development Permit:
a. The deposit shall be paid prior to the issuance of the applicable permit by the Town.
b. The deposit shall be returned upon the successful completion of the landscaping to the
satisfaction of the Town.
5. The amount of the landscape deposit may be set at the amount required to meet minimum suitable
ground cover to prevent soil erosion.
6. A landscape plan accompanying a permit application shall include, over and above the requirements
set out in 2.2.2, the following:
a.
height and width of required buffers and/or separation distances, fencing or retaining walls;
b. location and dimensions of driveway(s), parking areas, hard-surfaced walkways in relation to
landscaping;
c.
location and dimensions of existing vegetation to be preserved or removed;
d. any proposed vegetative landscaping, grass or other flower beds, shrubs, trees and other
landscaping elements, such as mulch, ornamental stone, etc., that are part of a landscaping
plan;
7. The landscaped area shall comprise a minimum of soil and grass cover and may also include flower
beds, trees, shrubs, and/or other materials in a design approved by the Town. Note that mulch or
pebbles alone are not considered landscaping unless they are part of an overall landscape plan.
8. Wherever grass is a requirement for the development of a lot or space, a minimum topsoil depth of
100 mm shall be required for the planting of grass or the laying of grass sods.
9. To preserve existing natural vegetation on a new site, at the direction of Council, the limits of new
development shall be delineated in the field and site work shall be located in such a manner to
minimize disruption on the existing and surrounding natural vegetation.
10. All areas that are disrupted by construction shall be reinstated by the developer using natural
landscaping with a minimum of topsoil {100 mm) and grass.
11. Whenever an alternate landscaping treatment is approved by Council and the treatment includes
ornamental gravel, the developer or property owner shall ensure that an appropriate retaining wall
or border is constructed to contain the gravel within the lot boundaries and along hard-surfaced
driveways, vehicular circulation areas, and parking areas;
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12. Landscaping of the Town road right of ways adjacent the property shall be the responsibility of the
property owner. All areas between the curb/sidewalk and the property shall be landscaped.
13. The landscaping requirements of properties and lots may be guided by considerations set out in
Section 9 - Development Design and Landscaping Guidelines.
14. Council may require the planting of trees as a condition of a development permit approval.
15. All landscaping must be maintained in good condition, not create a nuisance, and provide sufficient
cover to prevent soil erosion.
6.6.2
Landscaping for new Subdivisions
1.
Wherever possible, natural areas shall be maintained in their natural state and the destruction
of these natural areas by development shall be minimized. If the natural area is a part of a public
open space area, the developer shall prepare a landscape plan integrating the natural areas with
the portions of the open space area that is to be developed for recreational purposes. The plan
shall illustrate the grading relationships between developed and natural areas of the park.
2.
Minimum landscaping of the recreational open space area shall be topsoil and grass seed, as
determined by the Town. Note that mulch or pebbles alone are not considered landscaping
unless they are part of an overall landscape plan.
3.
Where it is determined by Council that berming or a swale is required, or that major sloping
occurs within, or outside, the normal boundaries of a lot, it shall be the developer's
responsibility to landscape the berm, swale or slope with a minimum of grass.
4.
A landscape deposit may be required as part of the Subdivision Agreement to be returned upon
the acceptance of the area by the Town.
6.6.3
Fences
Except as otherwise set out in a Fence Regulation adopted under the Municipalities Act, 1999, the
following requirements shall apply to all fences situated on those portions of a property which run along
the side of a road or street.
For the purpose of this regulation a fence includes a vertical physical barrier constructed out of typical
fencing materials, and includes hedges, shrubs and landscaping features used for these purposes, and,
that portion of a retaining wall which projects above the surface of the ground which it supports.
Sight Lines
Except as otherwise provided in these Regulations, no fence shall be erected with a height of greater
than 0. 75 metres above the grade of the street for 8 metres from the point of intersection of the two
street lines where the two streets are local streets.
Except as otherwise provided in these Regulations, no fence shall be erected with a height of greater
than 0.75 metres above the grade of the street line at the intersection of a driveway and a road where in
the opinion of the Town it impedes sight lines.
Maximum Height between the Building Line and the Street Line: Except as otherwise provided in these
Regulations, unless required for screening, no fence shall be greater than 0.75 metres in height between
the minimum building line as set out in in the Use Zone Tables and the street line (the edge of the street
right of way, property line).
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Maximum Height: The maximum height of a fence shall not exceed 1.8 metres in height.
Fence Materials: The material or materials used in the erection and repair of a fence shall only be of a
type that meets the approval of the Authority. No barbed wire or electrical fence of fence made of
boulders or guard-rails or similar materials shall be permitted.
Order to Remove Fence: (When in the opinion of the Authority, a fence creates a safety hazard or
obstruction or impedes snow-clearing due to its location, height or construction material, the Town may
issue an order to the property owner stating that the fence or portions thereof be removed,
reconstructed or repaired within a specified time in order to correct the safety hazard or obstruction and
that the cost to remove, construct or repair said fence or part thereof shall be at the owner's expense. In
the event that the property owner does not remove the fence within the specified time as ordered, the
Town may remove the fence and the cost to remove, reconstruct or repair said fence shall be at the
owner's expense.
Responsibility for Damage: The Authority shall not be liable for any damages for the repair of any fence,
garbage container, landscaping or retaining wall within the street right of way whatsoever where the
Town, its employees or agents or otherwise have acted without negligence. In particular, the Town shall
not be liable for any damages or repairs of any fence whatsoever during the normal operation of snow
clearing on streets or sidewalks.
6.7
MUNICIPAL SERVICES AND PUBLIC UTILITIES
Within any Use Zone Council may permit land to be used for the provision of public services and public
utilities if the use of that land is necessary to the proper operation of the public service or public utility
concerned, provided that the design and landscaping of any development of any land so used is, in the
opinion of Council, adequate to protect the character and appearance of the area.
6.7.1
Storm Water Management
(1) Land shall be used and graded in such a manner that run-off from the land or development does not
negatively impact adjoining properties, and that all surface drainage shall be captured in accordance
with the requirements of Council.
(2) Development of land shall be undertaken with the objective of wherever possible achieving zero net
run off with respect to on-site storm water runoff.
(3) Where development results in the discharge of storm water into a wetland, waterbody, or
watercourse, such discharge shall be designed to minimize any environmentally detrimental effects
on the receiving water or watercourse and designed and constructed in accordance with the
requirements and conditions of Council.
(4) Consideration may be given to green approaches to storm water management.
6.7.2
Effluents
(1) Liquid or Semi-Solid Industrial Drainage: No liquid or semi-solid industrial waste or effluent shall be
discharged on the surface or into the ground and no water borne industrial waste or effluent shall be
discharged on the surface or into the ground, into the surface drainage ditches or sanitary sewers
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unless the chemical and/or biological content is acceptable to Council or authorities having
jurisdiction.
(2) Any effluent or runoff leaving the site shall be required to conform to the requirements of the
Environmental Control Water and Sewage Regulations, 2003.
6.7.3
On-Site Services (Wells and onsite sanitary sewer systems)
Approvals for installation of on-site water and sewer systems must be obtained from Service NL.
6.7.4
Environmental Investigations
Approvals for any development that may have an environmental impact must be referred to
Environmental Investigations, Service NL, and/or the Pollution Prevention Division, Department of
Municipal and Provincial Affairs.
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7.0
OFF-STREET LOADING, PARKING AND SIGNS
7.1
OFF-STREET LOADING REQUIREMENTS
(1) Where Council deems necessary, for every building, structure or use requiring the shipping, loading
or unloading of animals, goods, wares or merchandise, one or more loading spaces shall be provided
and maintained on the lot measuring at least 15 m long and 4 m wide with a vertical clearance of at
least 4 m. The space shall have direct access to a public street or to a driveway of a minimum width
of 6 m that connects to a public street.
(2) The number of loading spaces to be provided shall be determined by Council during application
review.
(3) The loading spaces required by this Regulation shall be designed so that vehicles can maneuver clear
of any street and so that it would not be necessary for any vehicle to reverse onto or from a street.
7.2 PARKING
7.2.1
(1)
Parking Area Standards
For every building, structure or use to be erected or enlarged, there shall be provided and
maintained a quantity of off-street parking spaces sufficient to ensure that the flow of traffic on
adjacent streets is not impeded by on-street parking of vehicles associated with that building,
structure or use. Off-street parking requirements are set out in Section 7.2.3.
(2) Each parking space, except in the case of a single detached, semi-detached or attached dwelling,
shall be made accessible by means of a right-of-way at least 3 m wide.
(3) Residential parking spaces shall be provided on the same lot as the dwelling or dwellings.
(4) No regular parking of commercial vehicles or trailers will be permitted in a residential zone unless
specific provision has been made for this type of parking with the approval of Council.
(5) Parking space for apartment buildings will be provided in the rear yard where possible.
(6) Non-residential parking spaces shall be provided not more than 200 metres from the use for
which the parking is required.
(7) Where Council permits parking perpendicular to the curb, the minimum dimensions of each
parking stall will be as follows:
Parking stall width
2.75 metres
Parking stall length or depth
5.5 metres
Aisle width separating opposite parking stalls
7.3 metres
Aisle width separating a stall from another obstruction
7.3 metres
Driveway width
7.0 metres
(8) Where Council permits parking horizontal to the curb, the minimum length of the stall shall be 7
m and the aisle width shall be at least 4 metres, or more if deemed necessary by Council.
(9) For any other parking lot configuration, the requirements shall as be as specified by Council, but
in no instance, shall the requirements be less than that specified for perpendicular parking
spaces.
(lO)Other requirements for parking areas are as follows:
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a.
The parking area shall be constructed and maintained to the specifications of Council,
b.
lights for illumination of the parking area shall be arranged so as to divert the light away
from adjacent development,
c.
Except on a service station or industrial lot, no gasoline pump or other service station
equipment shall be located or maintained in a parking area,
d.
No part of any off-street parking area shall be closer than 1.5 metres from the front lot line
in any zone,
e. Where Council deems that strict application of the parking requirements is impractical or
undesirable, Council may as a condition of a permit require the developer to pay a service
levy in lieu of the provision of a parking area, and Council will use the full amount of the
levy for the provision and upkeep of alternative parking facilities within the vicinity of the
development.
(ll)Where, in these Regulations, a parking area for more than four vehicles are required or
permitted:
a.
a parking area and an adjoining driveway shall provide drainage, lighting, curbs, and
landscaping in accordance with requirements of Council.
b. except in zones in which a service station is a permitted use, no gasoline pump or other
service station equipment shall be located or maintained on a parking area;
c.
no part of any off-street parking area shall be closer than 2 metres to any lot line in any
zone;
d. access to a parking area in non-residential zones shall not be by way of residential zones;
e. where a parking area is in or abuts a residential zone, Council may require that a natural or
structural barrier at least 1 metre in height be erected and maintained along all lot lines;
(12)Where, in the opinion of Council, strict application of the above parking requirements is
impractical or undesirable, Council may, as a condition of a permit, require the developer to pay a
service levy in accordance with these Regulations in lieu of the provision of a parking area, and
the full amount of the levy charged shall be used by Council for the provision and upkeep of
alternative parking facilities within the general vicinity of the development.
7 .2.2
Parking Development Plans
Council may exempt or change all the off-street parking required under Section 7.1 for a designated
area, provided the development within the designated area is controlled by a Planned Unit
Development.
7.2.3
Off-Street Parking Requirements
(1) The off-street parking requirements for are set out in the following table, and for those uses not
indicated, then the parking and off-loading requirements are at the discretion of Council. In the case
of developments that include more than one use or development, these standards shall be regarded
as cumulative.
(2) Adequate off-street provision for the drop-off and pick-up of persons shall be provided on the same
lot as the development unless otherwise stipulated by Council.
(3) The number of spaces to be provided for off-street parking shall be in accordance with the following
table.
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USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT (m2=metres squared)
Amusement
One space for every 15 m2 of gross floor area
Animal Grooming
One parking space for every 20 m2 of gross floor area
Apartment Building
Three spaces for every two dwelling units
Automotive Sales
In addition to the parking spaces required for the principal building, one
parking space for every 20 vehicles of capacity for sales display at the
automotive sales lot
Bakery
One parking space per 15 m2 of net floor area
Bank
One parking space per 15 m2 of net floor area
Bank - Drive through
One parking space per 15 m2 of net floor area
Bar (night club)
One parking space for every 5 m2 of seating area
Bed and Breakfast
One parking space per guest room in addition to the two spaces for the
dwelling unit
Car Wash
One parking space per washing bay and one parking space for each 30 m2of
office space
Clinic
Three parking spaces per examining room
Club and Lodge
One space for every 3 persons that may be accommodated at one time
Commercial Garage
One parking space per 30 m2 of net floor area (parking provision for the
storage of new & used vehicles for sale shall not be counted towards this
requirement)
Convenience Store
One space for every 20 m2 of gross floor area
Public Gathering
One space for every 60 m2of gross floor areas
Places
Day Care-non-
One space for every 30 m2of gross floor area
residential
Day Care-residential
One parking space per 30 m2 of net floor area
Semi-Detached
Two spaces for every dwelling unit
(Double) Dwelling
Dry Cleaning
One parking space per 30 m2 of net floor area
Educational
Schools - 2 spaces for every classroom; Further education - 1 space for every
5 persons using the facilities (students, faculty and staff)
Funeral Home
One parking space for every 5 m2of gross floor area used by visitors
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USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT (m2=metres squared)
Furniture & Appliance
One parking space for every 50 m2of gross floor area
Showroom
General Industry
One parking space for every employee
General Service
One space for every 25 m2 of gross floor area
Hazardous Industry
One parking space for every employee
Health Club
One parking space for every 20 m2of gross floor area
Hotel
One parking space for every 3 sleeping units plus one parking space for every
15 m2 of banquet seating area
Light Industry
As specified by Council but not less than one space per 50 m2 of gross floor
area or 5 parking spaces, whichever is greater
Medical and
One space for every 25 m2 of gross floor area
Professional
Medical Treatment
Once space per 22 m2of suite or ward area
and Special Care
Mobile & Mini Homes
Two spaces for every dwelling unit
Office
One space for every 30 m2 of gross floor area
Personal Service
One space for every 25 m2 of gross floor area
Public Gathering Place-
One space for every 6 seats; or one space for every 15 m2of gross floor area
Indoor
Regional Institutional
One parking space for every 10 spectators that may be accommodated at one
Use
time
Restaurant
One parking space for every 5 m2of seating area
Restaurant - Drive
One parking space per 5 m2of seating space
Throue:h
Restaurant -Take-out
One space for every 25 m2 of gross floor area
Retail
One space for every 20 m2 of gross floor area
Row Dwelling
Two spaces for every dwelling unit
Service Station
One space for every 20 m2 of gross floor area
Shopping Centre
One space for every 20 m2 of gross floor area
Single Detached
Two spaces for every dwelling unit
Dwelling
Sport & Recreation
Three parking spaces for every 5 patrons of the facility at maximum capacity
facility
Subsidiary Apartment
One parking space for every dwelling unit
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USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT (m2=metres squared)
Veterinary
One space for every 25 m2 of gross floor area
7.2.4
Designated Mobility Impaired Parking Spaces
For any development where parking spaces for person with disabilities are required pursuant to the
Buildings Accessibilities Regulations under the Building Accessibility Act (Newfoundland and Labrador),
such spaces shall be provided on the basis of one parking space per lot or four percent (4%) of the total
number of required parking spaced provided on the lot, whichever is greater, according to the
regulations, and such parking space or spaces shall be designated and marked in accordance with the
Designated Mobility Impaired Parking Regulations under the Highway Traffic Act, 1990 (Newfoundland
and Labrador) and the Buildings Accessibilities Act, 1990.
7.3.
SIGNS (ADVERTISEMENTS)
7.3.1
Permit Required
No sign or advertisement shall be erected or displayed in the Municipal Planning Area unless a permit
for the advertisement is first obtained from the Authority, except for those signs that are exempt from
control as listed in the following provision.
7 .3.1.1
Signs/ Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Municipal Planning area without
application to the Authority:
a. on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 square
metres in area;
b. on an agricultural holding or farm, a notice board not exceeding 1 square metres in area and
relating to the operations being conducted on the land;
c. on land used for forestry purposes, signs or notices not exceeding 1 square metres in area
and relating to forestry operations or the location of logging operations conducted on the
land;
d. on land used for mining or quarrying operations, a notice board not exceeding 1 square
metre in area relating to the operation conducted on the land;
e. on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 square
metres in area in connection with the practice of a professional person carried on in the
premises;
f.
on any site occupied by a church, school, library, art gallery, museum, institution or
cemetery, one notice board not exceeding 1 square metres in area;
g. on the principal facade of any commercial, industrial or public building, the name of the
building or the name of the occupants of the building, in letters not exceeding one-tenth of
the height of that facade or 3 metres, whichever is the lesser;
h. on any parking lot, directional signs and one sign not exceeding 1 square metres in size,
identifying the parking lot.
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7 .3.1.2
Provincial Highway Sign Regulations, 1996 (under the Urban and Rural Planning Act, 2000)
A permit for erection or display of advertisement on Provincial Highways shall be obtained from the
Government Service Centre. This requirement applies within a control line established on each side of
every highway, as follows:
a. Every control line shall be 400 metres distant, measured horizontally, from the centre
line of the roadway or the centre line of the nearest lane of a divided highway.
b.
Notwithstanding subsection (1), within the boundaries of each incorporated
municipality or the built-up established areas of unincorporated communities, the
control line shall be 100 metres distant, measured horizontally, from the centre line of
the roadway or the centre line of the nearest lane of a divided highway.
7.3.1.3
Application for Permit
Application for a permit to erect or display an advertisement shall be made to the authority in
accordance with the requirements for a development permit as set out in the Administration Section.
7.3.1.4
Signs/ Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any highway or street
reservation.
7.3.1.5
Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement shall be for a
limited period, not exceeding two years, but may be renewed at the discretion of the Authority for
similar periods.
7.3.1.6
Removal of Signs/Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the removal of any
advertisement which, in its opinion, is:
a. hazardous to road traffic by reason of its siting, colour, illumination, or structural condition,
or;
b. detrimental to the amenities of the surrounding area.
7.3.1.7
Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply with the
appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these
Regulations.
7.3.1.8
Non-Conforming Uses
A permit may be used for the erection or display of signs or advertisements on a building or within the
courtyard of a building or on a parcel of land, the use of which is a non-conforming use, provided that
the advertisement does not exceed the size and type of advertisement which may be permitted if the
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development was in a Use Zone appropriate to its use, and subject to any other conditions deemed
appropriate by the Authority.
7 .3.2
Sign Standards for Specific Zones
The following limitations on size and placement of signs apply to the following zones:
All residential zones;
7 .3.2.1
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied by a permitted
use or a legal non-conforming use shall be as follows:
a.
The size, shape, illumination and material construction of the advertisement shall meet the
requirements of Council, having regard to the safety and convenience of users of adjacent streets
and sidewalks, and the general amenities of the surrounding area.
b.
No advertisement shall exceed 1.5 square metres in area.
c.
Free standing portable illuminated signs {"yellow" or "Light Up Portable Signs" ) shall not be allowed
in the residential area.
7.3.2.2
Advertisements Relating to Offsite Uses on Local Roads
The conditions for the erection or display of an advertisement on any site, relating to a use permitted in
this or another zone, or not relating to a specific land use, shall be as follows:
a. No advertisement shall exceed 1.5 square metres in area.
b. When the advertisements relate to a specific land use, they shall be located within a reasonable
distance of, and only show thereon the name and nature of the distance or direction to, the
premises to which they relate.
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8.0
SUBDIVISION OF LAND
8.1
SUBDIVISION STANDARDS
8.1.1
Subdivision Standards apply
The provisions in this chapter of the Development Regulations apply each of the following:
1. The subdivision of land under single ownership into five or more lots, including the residual lot;
2. Construction, upgrading, or extension of a public street; and,
8.1.2
Subdivisions standards do not apply
The requirements of this Chapter shall not apply to the following:
1. Where the parcel being created is to be used solely for the unattended equipment necessary for:
a.
the operation of community water, storm or sanitary sewer systems;
b. public utilities, including electrical substations or generating stations;
c.
air or marine navigational aids;
d. any other similar public service or utility (including wind turbine 'farms');
2. Public institutional uses, including cemeteries;
3. Resource uses set out in the Resource zone;
4. Conservation, open space, park uses;
5. Minor subdivisions of four (4) or fewer lots which do not require new public or private road
construction or the installation of utility infrastructure or water and sewer services (other than
private connections; these must comply with the development standards of the Use Zone.
8.1.3
Permit Required
1.
No land in the Municipal Planning area shall be subdivided unless a permit for the development of
the subdivision is first obtained from Council.
2.
No provision in a will that purports to subdivide land is of any effect to subdivide that land contrary
to these Regulations.
8.1.4
Public Notice
Council shall, at the applicant's expense, publish a notice in a newspaper circulating in the area of the
application and consider any representations or submissions received in response to that advertisement.
8.1.5
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the
Zoning Maps.
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8.1.6
Subdivision Permit Subject to Considerations
1. A permit shall not be issued when, in the opinion of Council, the development of a subdivision does
not contribute to the orderly growth of the Town or does not demonstrate sound design principles.
2.
In considering an application, Council shall, without limiting the generality of the foregoing,
consider:
a.
the location of the land;
b. the availability of and the demand created for schools, services, and utilities;
c.
the provisions of the Municipal Plan and Regulations affecting the site;
d. the land use, physical form, and character of adjacent developments;
e. the transportation network and traffic densities affecting the site;
f.
the relationship of the project to existing or potential sources of nuisance;
g.
soil and subsoil characteristics;
h. the topography of the site and its drainage;
i.
natural features such as lakes, streams, topsoil, trees and shrubs and potential
environmental effects with respect to watercourses, wetlands, steep slopes, drainage
patterns, storm water generation and control, and loss or fragmentation of habitat,
j .
prevailing winds;
k.
visual quality;
I.
community facilities;
m. municipal costs related to the provision and maintenance of roads, other infrastructure, and
municipal services;
n. energy conservation; and,
o. such other matters as may affect the proposed development.
8.1.7
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until Council is satisfied that:
the lot can be serviced with satisfactory water supply and sewage disposal systems,
satisfactory access to a street is provided for the lots, and
the lot meets the minimum development standards for the Use Zone in which the lot is located.
8.1.8
Building Permits Required
Notwithstanding the approval of a subdivision and a permit to subdivide land by Council, a separate
building permit shall be obtained for each building proposed to be erected in the area of the subdivision,
and no building permit for any building in the area shall be issued until the developer has complied with
all the provisions of these Regulations with respect to the development of the subdivision.
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8.2
SUBDIVISION PERMIT REQUIREMENTS
8.2.1
Subdivision Development Agreement
Where Council has determined that a subdivision development agreement is a condition of a permit for
the subdivision development, the subdivision development agreement shall meet the conditions of
Development Agreements as set out in the Administration chapter.
8.2.2
Municipal Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions satisfactory to Council
have been made in the application for a supply of drinking water, a properly designed sewage disposal
system, and a properly designed storm drainage system so as not to affect adjoining and nearby
properties.
8.2.3
Private Well water source: Groundwater Supply Assessment and Reporting
1. A groundwater assessment report shall be required to be completed and submitted by the
subdivision applicant to the Water Resources Management Division (and copied to the Town) as part
of the subdivision approval process where a minimum sized subdivision is to be serviced by
individual wells. The Groundwater Assessment Report must be prepared in accordance with the
Groundwater Supply Assessment and Reporting Guidelines for Subdivisions Serviced by Individual
Private Wells. Requirements to complete a Groundwater Assessment Report shall be based upon
the following criterion:
2.
A groundwater assessment study shall not be required for subdivisions less than five (5) lots, each
having a minimum 2,203m2 (1/2 acre) size, unless the area has documented drinking water quality
and/or quantity problems.
3.
A proposed subdivision from five (5) to fifteen (15) lots shall require a Level I assessment, as defined
in the Groundwater Supply Assessment and Reporting Guidelines.
4. A proposed subdivision greater than fifteen {15) lots shall require a Level II assessment, as defined in
the Groundwater Supply Assessment and Reporting Guidelines.
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Number
Groundwater Assessment Requirement
of Lots
Levell
Level 2
Number of Test Wells
1-4
No-but may be required if site
No
0
has history of ground water
quality and quantity issues
5-15
Yes
may be required if site has
may be required if site has
history of ground water
history of ground water
quality and quantity issues
quality and quantity issues
16-30
Yes
Yes
1
31-45
Yes
Yes
2
46-60
Yes
Yes
3
61-75
Yes
Yes
4
75-90
Yes
Yes
5
91-105
Yes
Yes
6
8.2.4
Fees, Service Levies and Development Charges
8.2.4.1
Subdivision Fees
The applicant shall pay a subdivision application fee as determined by Council at the time of submitting a
Development Application to subdivide. The subdivision application fee may be calculated on a per-lot
basis for every lot created by the subdivision of land. This fee may be calculated in addition to any other
fee or charge required under the regulation addressing Development Charges.
8.2.4.2
Service Levies and Local Improvement Assessments
1. The applicant shall be required to pay all service levies and local improvement assessments
identified by Council for connection to services, utilities, streets, and for the construction or
improving of capital works funded by Council or under Council's direction which benefit and
accommodate the development or subdivision. The service levies or local improvements
assessments shall be paid in such amount and in such form as determined by Council as a condition
of permit or as a condition of a Development Agreement to subdivide land and such payment shall
be agreed upon prior to construction occurring on the land.
2. This section shall not affect any outstanding levies and/or assessments that were determined prior
to the enactment of these Regulations.
3. The applicant shall pay the cost of all capital works necessary to serve the proposed development or
subdivision.
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8.2.4.3
Deposit of Securities
As a condition of a permit to develop a subdivision and as part of a Development Agreement to
subdivide, the Town may require an applicant to deposit with the Town a security to cover the cost of all
the subdivision improvements and completion thereof. These securities would be payable after approval
by Council and before issuance of a construction permit under these Regulations.
8.2.4.4
Land for Public Open Space
1. Before a development commences, the developer shall, if required, dedicate to Council, at no cost
to the Town, an area of land equivalent to not more than ten percent (10%) of the gross area of the
residential subdivision for public recreational open spaces, subject to the following requirements:
a.
where land is subdivided for any purpose other than residential use, Council shall determine
the percentage of land to be dedicated;
b.
if, in the opinion of Council, no public open space is required, the land may be used for such
other public use as Council may determine;
c.
the location and suitability of any land dedicated under the provisions of this Regulation
shall be subject to the approval of Council but in any case, Council shall not accept land
which, in its opinion, is incapable of development for any purpose;
d. Council may accept from the developer, in lieu of such area or areas of land, the payment of
a sum of money equal to the value of the land which would otherwise be required to be
dedicated; and,
e.
this money received by the Authority (above), shall be reserved by the Town for the purpose
of the acquisition or development of land for public open space or other public purpose.
2.
Land dedicated for public use in accordance with this Regulation shall be conveyed to the Town and
may be sold or leased by Council for the purposes of any development that conforms with the
requirements of these Regulations, and the proceeds of any sale or other disposition of land shall be
applied against the cost of acquisition or development of any other land for the purposes of public
open space or other public purposes.
3. Council may require a strip of land to be reserved and remain undeveloped along the banks of any
river, brook or pond, and this land may, at the discretion of Council, constitute the requirement of
land for public use.
8.3
SUBDIVISION DESIGN STANDARDS
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the following standards.
1. The finished grade of streets shall not exceed ten percent (10%).
2. The plan shall indicate which streets are classified as arterial, collector or service (local) roads.
3.
Every cul-de-sac shall be provided with a turning circle of a diameter of not less than 30 metres.
4. The maximum length of any cul-de-sac (or dead-end street) shall be:
a.
200 metres in areas served by, or planned to be served by, municipal piped water and sewer
services;
b. 300 metres in areas not served by, or planned to be served by, municipal piped water and sewer
services;
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c.
all cul de sac water mains shall be connected to a water main on an adjoining street or shall be
looped back to ensure continuous water flow and prevent stagnant water at the end of dead-
end pipes.
5. Emergency vehicle access to a cul-de-sac shall be not less than 3 metres wide and shall connect the
head of the cul-de-sac with an adjacent street.
6.
No cul-de-sac shall be located so as to appear to terminate a collector street.
7.
New subdivisions shall have street connections with an existing street or streets.
8. All street intersections shall be constructed within 5° of a right angle and this alignment shall be
maintained for 30 metres from the intersection.
9.
No street intersection shall be closer than 40 metres to any other street intersection.
10. No more than four streets shall join at any street intersection.
11. No residential street block shall be longer than 490 metres between street intersections.
12. Streets in residential subdivisions shall be designed in accordance with the approved standards of
Council, but in the absence of such standards, shall conform to the following minimum standards:
Arterial Streets
Collector Streets
Local Residential Streets
where more than 50% of
the units are single
detached or semi-
detached (double)
dwellings
where 50% or more of
the units are row houses
or apartments
Service Streets
Street
Reservation
(metres)
30
20
12
15
12
(metres)
15
15
1.5
7
1.5
9
7
1.5
1.5
Council Discretion
2
1
Council
Discretion
Council
Discretion
13. No lot intended for residential purposes shall have a depth exceeding four times the frontage.
14. Residential lots shall not be permitted which abut a local street at both front and rear lot lines.
15. Council may require any existing natural, historical or architectural feature or part thereof to be
retained when a subdivision is developed.
16. Land shall not be subdivided in such a manner as to prejudice the development of adjoining land.
17. Front Yard/Building Lines: Council may establish front yard/building lines for any subdivision street
and require any new building to be located on such building lines.
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8.4
SUBDIVISION ENGINEERING STANDARDS
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the requirements established by Council and the "Municipal
Engineering Subdivision Standards" as approved by Council.
8.4.1
Engineer to Design Works and Certify Construction Layout
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers, and all
appurtenances thereto and all streets, paving, curbs, gutters and catch basins, and all other utilities
deemed necessary by Council to service the area proposed to be developed or subdivided shall be
designed and prepared by or approved by the Town's Engineer. Such designs and specifications shall,
upon approval by Council, be incorporated in the plan of subdivision.
Upon approval by Council of the proposed subdivision, the Manager of Engineering Services shall certify
all work of construction layout preliminary to the construction of the works and thereupon the
developer shall proceed to the construction and installation, at the developer's own cost and in
accordance with the approved designs and specifications and the construction layout certified by the
Town's Engineer, of all such water mains, hydrants, sanitary sewers, and all appurtenances and of all
such streets and other works deemed necessary by Council to service the said area.
8.4.2
Developer to Pay Engineer's Fees and Charges
The developer shall pay to Council all the Engineer's fees and charges for the preparation of designs and
specifications and for the layout and supervision of construction; such fees and charges being
percentages of the total cost of materials and labour for the construction and installation of all works
calculated in accordance with the Schedule of Fees recommended by the Association of Professional
Engineers & Geoscientists of Newfoundland & Labrador and in effect at the time the work is carried out.
8.4.3
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks, and paving specified
by Council as being necessary, may, at Council's discretion, be deferred until a later stage of the work on
the development of the subdivision but the developer shall deposit with Council, before approval of the
application, an amount estimated by the Town's Engineer to be reasonably sufficient to cover the cost of
construction and installation of the works. In the later stage of the development, Council shall call for
tenders for the construction and installation of the works, and the amount so deposited by the
developer shall be applied towards payment of the contract cost. If the contract cost exceeds the
deposit, the developer shall pay to the Town the amount of the excess. If the contract price is less than
the deposit, the Town shall refund the amount by which the deposit exceeds the contract price. Any
amount so deposited with the Town by the developer shall be placed in a separate savings account in a
bank and all interest earned thereon shall be credited to the developer.
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8.4.4
Construction of Utilities
Within any street reservation, the placing of any utility structure or service such as a hydro pole,
telephone pole, underground hydro service boxes, internet or cable services, Canada Post group mail
boxes, fire hydrant, fire alarm or sign post, shall receive the prior approval of the Authority with regard
to the proposed location of utilities; safe construction, required easements and the relationship to other
structures within the street reservation and to adjoining buildings.
8.4.5
Structures in Street Reservation
No structures shall be placed within any street reservation of any structure (e.g., a utility pole, bus
shelter, fire hydrant, mail box, fire alarm, school bus shelter, sign post) without prior approval of Council
which shall take into consideration safety considerations, such as, sight lines, obstructions, safe
construction, and the relationship of the structure to the adjoining buildings and other structures within
the street reservation, and relationship to the movement of vehicles and pedestrians.
8.4.6
Transfer of Streets and Utilities to Council
The developer shall, following the approval of the subdivision of land and upon request of Council,
transfer to the Town, at no cost to the Town, and clear of all liens and encumbrances:
a.
all lands in the area proposed to be developed or subdivided which are approved and designated by
Council for public uses as streets, or other rights-of-way, or for other public use; and
b.
all services or public works including streets, water supply and distribution, and sanitary and storm
drainage systems installed in the subdivision that are normally owned and operated by Council.
Before Council shall accept the transfer of lands, services, or public works of any subdivision, the
Manager of Engineering Services shall, at the cost to the developer, test the streets, services and public
works installed in the subdivision and certify satisfaction with their installation.
Council shall not provide maintenance for any street, service, or public work in any subdivision until such
time as such street, service, or public work has been transferred to and accepted by Council.
8.4.7
Mini/mobile home park subdivision
1. The minimum size of parcel for a Mini/mobile home subdivision/park is 2 hectares.
2. Where municipal services are not provided, the maintenance of the services is the shared
responsibility of the members of the park.
3. A development application for a mini/mobile home subdivision/park shall provide the same
information as a set out this Part for major subdivisions.
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APPENDICES
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APPENDIX 1:
INTERPRETATION OF TECHNICAL TERMS USED IN THE DEVELOPMENT REGULATIONS
Introduction
This section contains definitions of the technical terms used in the Municipal Plan and Development
Regulations in order to ensure that they are correctly interpreted.
Terms and words in this regulation which are defined in the Urban and Rural Planning Act, 2000 and
Development Regulations, 2000, have the meaning expressed in that Act and cannot be amended by the
Council; these are identified by a logo, as noted below:
tiewf9.f dland
Labrador
= Definitions from the Urban and Rural Planning Act, 2000 (the Act);
these cannot be amended by Council; and,
= Definitions from the Minister's Development Regulations under the Urban and
Rural Planning Act, 2000; these cannot be amended by Council.
Words and phrases used in these Regulations shall otherwise have the meanings as set out in the
following definitions; these can be amended by the Council; these can be identified by the absence of a
logo. Any other terms and words have the meaning as generally understood in the English
languageAdditional definitions have been provided for interpretive guidance and.
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;
ACT
__, unless the context indicate otherwise, means the Urban and Rural Planning Act, 2000;
ADJACENT LAND means land that is contiguous to, physically touching or shares a boundary with, the
parcel of land that is the subject of an application and includes land that would be contiguous if not for a
highway, road, river or stream.
ACCESSORY BUILDING "'=" includes
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(i) a detached subordinate building not used as a dwelling, located on the same lot as the
main building to which it is an accessory and which has a use that is customarily incidental or
complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and
television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
ACCESSORY USE ..:; means a use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use;
ADJACENT LAND means land that is contiguous to, physically touching or shares a boundary with, the
parcel of land that is the subject of an application and includes land that would be contiguous if not for a
highway, road, river or stream.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT "i:e. means a person who has applied to an authority for an approval or permit to carry out a
development;
AUTHORITY ._, means a council, authorized administrator or regional authority;
AUTHORIZED ADMINISTRATOR :..,, means an authorized administrator appointed under subsection
31(4);
BOARD '-" except in Part IX, means an appeal board established under section 40;
BUILDING ~
means
(i) a structure, erection, alteration or improvement placed on, over or under land or attached, anchored
or moored to land,
(ii) mobile structures, vehicles and marine vessels industrial and other similar uses,
(iii) a part of and fixtures on buildings referred to in subparagraphs (i) and (ii), and
(iv) an excavation of land whether or not that excavation is associated with the intended or actual
construction of a building or thing referred to in subparagraphs (i) to (iii);
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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
(ii) mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in any case, a
building height shall not include mechanical structure, smokestacks, steeples and purely ornamental
structures above a roof;
--1:---
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H , ~ EIGHT OF 1:!>UILDING
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;
···········-······~ -··· -·· --· rearlo1 hne -
---~"-: -
bulldingine
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BUILDING CONTROL LINE """~'" means a conceptual line paralleling the centre line of a Protected
Road at a distance perpendicular to the road in order to delineate the area for the application of these
regulations; a Protected Road is a road designated under the Protected Road Zoning Regulations, 1996
under the Urban and Rural Planning Act, 2000;
BOARD Ne..~ except in Part IX, means an appeal board established under section 40;
COUNCIL ... ~
means a council as defined in the City of Corner Brook Act, City of Mount Pearl
Act, Municipalities Act, 1999 and the City council as defined in the City of St. John's Act;
COURT ·~ unless the context indicates otherwise, means the Trial Division;
DECK means a raised structure that has a walking surface within one storey of the established grade at
the ground level of that face of the building, which may or may not be attached to a main building,
which does not have a permanent roof.
DEPARTMENT ~., means the department presided over by the minister responsible for the Urban
and Rural Planning Act, 2000);
DEVELOPMENT ¾
means the carrying out of building, engineering, mining or other operations in,
on, over or under land, or the making of a material change in the use, or the intensity of use of land,
buildings or premises and the:
(i) making of an access onto a highway, road or way,
(ii) erection of an advertisement or sign,
(iii) construction of a building,
(iv) parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an office, or
for living accommodation, and excludes the
(v) carrying out of works for the maintenance, improvement or other alteration of a building, being
works which affect only the interior of the building or which do not materially affect the external
appearance or use of the building,
(vi) carrying out by a highway authority of works required for the maintenance or improvement of a
road, being works carried out on land within the boundaries of the road reservation,
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(vii) carrying out by a local authority or statutory undertakers of works for the purpose of inspecting,
repairing or renewing sewers, mains, pipes, cables or other apparatus, including the breaking open of
street or other land for that purpose, and
(viii) use of a building or land within the courtyard of a dwelling house for a purpose incidental to the
enjoyment of the dwelling house as a dwelling;
DEVELOPMENT REGULATIONS
means these regulations and regulations and by-laws respecting
development that have been enacted by the relevant authority; and development regulations *
means regulations made under sections 34 to 38;
DISCRETIONARY USE
___, means a use that is listed within the discretionary use classes established in
the use zone tables of an authority's development regulations;
DWELLING UNIT: means a self-contained unit consisting of one or more habitable rooms used or
designed as an independent and separate housekeeping establishment or living quarters for one
household, including kitchen and sitting, sleeping and sanitary facilities, and does not include a coach or
rail car, mobile home, or any vehicle. A dwelling unit is a permanent place of residence for a household
and not intended as temporary accommodation for the transient (Amendment No. 8, 2013).
ESTABLISHED GRADE
..._, means,
(i) where used in reference to a building, the average elevation of the finished surface of the ground
where it meets the exterior or the front of that building exclusive of any artificial embankment or
entrenchment, or
(ii) where used in reference to a structure that is not a building, the average elevation of the finished
grade of the ground immediately surrounding the structure, exclusive of any artificial embankment or
entrenchment;
Grade
,.
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FLOOR AREA
__, means the total area of all floors in a building measured to the outside face of exterior
walls;
FRONTAGE
......., means the horizontal distance between side lot lines measured at the building line;
Lot Frontage and Lot Width
'
FRONT
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--+--+--
~ ~ Q
STREET
·
0
..., ~
___
.,
~
STREET
\
0 ~ ROW LINE
IL
0
STREET ROW LINE
I ,FRONTAGE' I FRO~ ~
LINE
I LOT WIDTH I
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LAND t-1 includes land covered by water and buildings and structures on, over, under the soil and
fixtures that form part of those buildings and structures;
LOT
-.... means a plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building;
LOT AREA
-.... means the total horizontal area within the lines of the lot;
LOT COVERAGE
......,. means the combined area of all 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;
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Total lot Area
- 5,000 sq. ft
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House Area
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2'
... --.---
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Garage
= 1,200 sq. ft.
Garage Area
= 500 sq.ft
- I
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(1,700 sq. ft.15,000 sq.ft.) x 100%
.,34'!1,
I
-""'""I~-.-- House
Total lot Coverage
= 34%
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MINISTER t- means the minister appointed under the Executive Council Act to administer this Act;
MUNICIPALITY * includes a Town incorporated under the City of Corner Brook Act, City of Mount
Pearl Act and the City of St. John's Act and a municipality as defined in the Municipalities Act, 1999;
NON-CONFORMING USE
-.... means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone;
NUISANCE means anything that is obnoxious, offensive or interferes with the use or enjoyment of
property, endangers personal health or safety, or is offensive to the senses. This may include that which
creates or is liable to create a nuisance through emission of noise, smoke, dust, odour, heat, light,
fumes, fire or explosive hazard; results in the unsightly or unsafe storage of goods, salvage, junk, waste
or other materials; poses a hazard to health and safety; or adversely affects the amenities of the
neighbourhood or interferes with the rights of neighbours to the normal use and enjoyment of any land
or building;
OWNER
-.... means a person or an organization of persons owning or having the legal right to use the
land under consideration;
PERMITTED USE
-.... means a use that is listed within the permitted use classes set out in the use zone
tables of an authority's development regulations;
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PLAN, ~
· unless the context indicates otherwise, means a regional plan and a municipal plan
established under section 8 or 10; (regional plan or municipal plan);
PLANNING AREA ~
, unless the context indicates otherwise, means a regional planning area and a
municipal planning area established under sections 6 and 11;
PROHIBITED USE
.._, means a use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that an authority specifies as not permitted within a use zone;
RECREATION VEHICLE OR RECREATIONAL TRAILER means a vehicle or portable structure designed to
provide temporary living accommodation which is either self-propelled or mounted on, or pulled by
another vehicle, and includes a travel/holiday trailer, camper trailer, truck camper, motorhome, fifth
wheel trailer, tent trailer, travel trailer, camper van or recreational trailer or other similar vehicle, but
not a mobile home or mini-home. A converted bus is not a recreation vehicle;
REGION ""it!:" means a region as defined in the Municipalities Act, 1999;
REGIONAL AUTHORITY ~
means a regional authority established under section 7 of the Act;
scheme means a scheme established under section 29 of the Act;
SCHEME ~
means a scheme established under section 29;
SIGN
...., means a word, letter, model, placard, board, device or representation, whether illuminated or
not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement or
direction and excludes those things employed wholly as a memorial, advertisements of local
government, utilities and boarding or similar structures used for the display of advertisements;
STREET _, means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles;
STREET LINE
.._, means the edge of a street reservation as defined by the authority having jurisdiction;
SUBDIVISION ~
means the dividing of land, whether in single or joint ownership into 2 or more
pieces for the purpose of development;
TOWN ~
means a town as defined in the Municipalities Act, 1999;
USE
means a building or activity situated on a lot or a development permitted on a lot;
USE ZONE OR ZONE
....., means an area of land including buildings and water designated on the zoning
map to which the uses, standards and conditions of a particular use zone table apply;
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VARIANCE
-.., means a departure, to a maximum of 10% from the yard, area, lot coverage, setback,
size, height, frontage or any other numeric requirement of the applicable Use Zone Table of the
authority's regulations;
YARDS- (sometimes called lot lines) refer to the diagram below for an illustration of the following
definitions:
FRONT YARD DEPTH otherwise called the building line or front yard setback, means setback from the
property line on the street that the building is fronting on, shown as the front yard setback in the
drawing below; note that the yard setbacks from the boundaries of the property;
REAR YARD DEPTH
__, means the distance between the rear lot line and the rear wall of the main
building on a lot;
SIDE YARD DEPTH
__, means the distance between the side lot line and the nearest side wall of a
building on the lot;
I
Driveway
Front Yard
Setback
Side yard setback
I._,,_,,_ ,, _,,
-··- .. -r-··-·1
j Lot Lines I
-:
Side yard
setback
Rear Yard
Setback
Foundation
Line
ZONING MAP -., means the map or maps attached to and forming a part of the authority's
regulations.
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APPENDIX 2: MINISTER'S DEVELOPMENT REGULATIONS
UNDER THE URBAN AND RURAL PLANNING ACT, 2000
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This is an official version.
Copyright© 2006: Queens Printer,
St. John's, Newfoundland and Labrador, Canada
Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)
Table of Regulations
Main Site
How current is this regulation?
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. Johns, January 2, 200 I.
I Shon lllle
2
Definitions
3 Application
~ lmerpretat,on
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Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
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5. Notice of right to a1212£al
6. A12ru;al reguirements
7 A12ru;al registration
8. Develo12ment 12rohibited
9 Hearme notice and meetings
10. Hearmg of evidence
II. Board decision
12. Variances
13. Notice of variance
14. Residential non conformirv
15. Notice and hearines on chane.e of use
16. Non-confomiancc with standards
17. Discontinuance of non-conforming use
18. Delegation of llQWers
19. Commencement
Short title
1. These regulations may be cited as the Development Regulations.
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Definitions
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000;
(b) "applicant" means a person who has applied to an authority for an approval or permit to
carry out a development;
(c) "authority" means a council, authorized administrator or regional authority; and
(d) "development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
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Application
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3. (I) These regulations shall be included in the development regulations ofan authority and
shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations or other
regulations of an authority, these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
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Interpretation
4. (I) 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 ofa mansard roof, and
(iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof;
(e) "building line" means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that a building may be placed;
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(t) "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 elevation of
the finished grade of the ground immediately surrounding the structure, exclusive of
any artificial embankment or entrenchment;
(h) "floor area" means the total area of all floors in a building measured to the outside face
of exterior walls;
(i) "frontage" means the horizontal distance between side lot lines measured at the building
line;
(j) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building;
(k) "lot area" means the total horizontal area within the lines of the lot;
(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;
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(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 I 0% 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.
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Notice of right to appeal
5. Where an authority makes a decision that may be appealed under section 42 of the Act, that
authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the
(a) persons right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
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Appeal requirements
6. ( I) The secretary of the board at the Department of Municipal and Provincial Affairs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. Johns, Nfld., AlB 4J6 is the
secretary to all boards in the province and an appeal filed with that secretary within the time period
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referred to in subsection 42(4) of the Act shall be considered to have been filed with the appropriate
board.
(2) Notwithstanding subsection (I), where the Town of Comer Brook, Town of Mount Pearl
or Town of St. Johns appoints an appeal board under subsection 40(2) of the Act, an appeal shall be
filed with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection(!) or (2) within the
14 days referred to in subsection 42(4) of the Act.
(4) The board that hears the decision being appealed shall, subject to subsection 44(3) of the
Act, retain the fee paid to the board.
(5) Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
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Appeal registration
7. ( I) Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 6(1) and (2), shall immediately register the appeal.
(2) Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
(3) Where an authority has been notified of an appeal that authority shall forward to the
appropriate board a copy of the application being appealed, all correspondence, council minutes,
plans and other relevant information relating to the appeal including the names and addresses of the
applicant and other interested persons of whom the authority has knowledge.
(4) Upon receipt of the information under subsection (3), the secretary of the board shall
publish in a newspaper circulated in the area of the appropriate authority, a notice that the appeal has
been registered.
(5) A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
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Development prohibited
8. (I) 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 (l).
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(3) Upon receipt of a notification of the registration of an appeal with respect to an order
under section I 02 of the Act, an authority shall not cany out work related to the matter being
appealed.
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Hearing notice and meetings
9. ( I) A board shall notify the appellant, applicant, authority and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date
scheduled for the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its work in an expeditious manner.
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Hearing of evidence
10. ( I) A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9( I) or their representative may appear before the board and
make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3) A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as evidence
directly provided at the hearing of the board.
(4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
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Board decision
11. A decision of the board must comply with the plan, scheme or development regulations that
apply to the matter that has been appealed to that board.
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Variances
12. (I) 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 I 0% 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.
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(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 pennit a variance from development standards where the proposed
development would increase the non-confonnity of an existing development.
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Notice of variance
13. Where an authority is to consider a proposed variance, that authority shall give written notice
of the proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
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Residential non-conformity
14. A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where
being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
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Notice and hearings on change of use
15. Where considering a non-confonning building, structure or development under paragraph
108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming
building, structure or development, an authority, at the applicants expense, shall publish a notice in a
newspaper circulating in the area or by other means give public notice of an application to vary the
existing use of a non-conforming building, structure or development and shall consider any
representations or submissions received in response to that advertisement.
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Non-conformance with standards
16. Where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not be expanded if
the expansion would increase the non-confonnity and an expansion must comply with the
development standards applicable to that building, structure or development.
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Discontinuance of non-conforming use
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17. An authority may make development regulations providing for a greater period of time than
is provided under subsection 108(2) of the Act with respect to the time by which a discontinued non-
conforming use may resume operation.
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Delegation of powers
18. An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
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Commencement
19. These regulations shall be considered to have come into force on January 1, 2001.
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APPENDIX 3: FUTURE LAND USE ZONING MAP
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