Colliers, Newfoundland and Labrador
· adopted 2002-12-13
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TOWN OF COLLIERS
DEVELOPMENT REGULATIONS 2001
Gazetted: December 13, 2002
CONSOLIDATED: NOVEMBER 17, 2015
Table of Contents
APPLICATION .............................................................................................................................. 1
1.
Short Title ............................................................................................................... 1
2.
Interpretation ........................................................................................................... 1
3.
Commencement ...................................................................................................... 1
4.
Urban and Rural Planning Act 2000 - Ministerial Development Regulations ....... 1
5.
Municipal Code and Regulations ............................................................................ 1
6. Authority ................................................................................................................ 2
PART I - GENERAL REGULATIONS ......................................................................................... 3
7.
Compliance With Regulations ................................................................................ 3
8.
Permit Required ...................................................................................................... 3
9.
Permit to be Issued .................................................................................................. 3
10. Permit Not to be Issued in Certain Cases................................................................ 3
11. Discretionary Powers of Authority ......................................................................... 3
12. Variances by Authority ........................................................................................... 4
13. Service Levy ........................................................................................................... 4
14. Financial Guarantees by Developer ........................................................................ 4
15. Dedication of Land for Public Use ......................................................................... 5
16. Reinstatement of Land ............................................................................................ 5
17. Form of Application ................................................................................................ 5
18. Register of Application ........................................................................................... 6
19. Deferment of Application ....................................................................................... 6
20. Approval in Principle .............................................................................................. 6
21. Development Permit ............................................................................................... 7
22. Reasons for Refusing Permit .................................................................................. 8
23. Notice of Application .............................................................................................. 8
24. Right of Entry ......................................................................................................... 8
25. Record of Violations ............................................................................................... 8
26. Stop Work Order and Prosecution .......................................................................... 9
27. Appeals ................................................................................................................... 9
PART II - GENERAL DEVELOPMENT STANDARDS ........................................................... 10
28. Accesses and Service Streets ................................................................................ 10
29. Accessory Buildings ............................................................................................. 10
30.
Accessory Uses ..................................................................................................... 10
31. Advertisements ..................................................................................................... 11
32. Advertisements Exempt from Control .................................................................. 12
33.
Advertisements - Temporary Signs ...................................................................... 12
34.
Advertisements - Offsite Promotional Signs - Highways ..................................... 13
35.
Advertisements Relating to Onsite Uses............................................................... 13
36.
Advertisements Relating to Offsite Uses .............................................................. 13
37.
Agriculture and Farming ....................................................................................... 13
38.
Archaeological Sites ............................................................................................. 14
39.
Buffers - Designated Trails and Public Open Space ............................................. 14
40. Buffers - Non-Residential ..................................................................................... 14
41. Building Line and Setback .................................................................................... 15
42.
Discretionary Use Classes..................................................................................... 15
43.
Environmental Protection ..................................................................................... 15
44. Family and Group Care Centres ........................................................................... 16
45.
Fences ................................................................................................................... 16
46.
Forestry ................................................................................................................. 18
47.
Highways - Development near Highways ............................................................ 19
48. Lot Area ................................................................................................................ 19
49. Lot Area and Size Exceptions ............................................................................... 19
50. Lot Frontage .......................................................................................................... 19
51.
Mineral Exploration .............................................................................................. 20
52.
Mineral Working - Quarries and Pits .................................................................... 20
53.
Municipal Services - Unserviced Development ................................................... 24
54.
Non-Conforming Uses .......................................................................................... 24
55.
Non-Conforming Use - Discontinuance ............................................................... 24
56.
Offensive and Dangerous Uses ............................................................................. 24
57. Off-Street Loading Requirements ......................................................................... 25
58. Parking Requirements ........................................................................................... 25
59. Parks and Playgrounds, and Conservation Uses ................................................... 26
60. Screening and Landscaping .................................................................................. 27
61. Services and Public Utilities ................................................................................. 27
62. Service Stations ................................................................................................... 278
63. Side Yards ............................................................................................................. 28
64.
Solid Waste Disposal Site and Scrap Yard ........................................................... 28
65. Street Construction Standards ............................................................................... 30
66. Subsidiary Apartments .......................................................................................... 30
67. Unsubdivided Land ............................................................................................... 30
68.
Waterways - Development in Waterways and in Waterways Reservations or
Buffers................................................................................................................... 30
69. Zero Lot Line and Other Comprehensive Development ....................................... 31
PART III - SUBDIVISION OF LAND ........................................................................................ 32
70. Permit Required .................................................................................................... 32
71. Services to be Provided ......................................................................................... 32
72. Payment of Service Levies and Other Charges ..................................................... 32
73. Issue of Permit Subject to Considerations ............................................................ 32
74. Building Permits Required .................................................................................... 33
75. Form of Application .............................................................................................. 33
76. Subdivision Subject to Zoning .............................................................................. 33
77. Building Lines ....................................................................................................... 33
78. Land for Public Open Space ................................................................................. 33
79. Structure in Street Reservation ............................................................................. 34
80. Subdivision Design Standards .............................................................................. 34
81. Engineer to Design Works and Certify Construction Layout ............................... 36
82. Developer to Pay Engineer's Fees and Charges .................................................... 36
83. Street Works May Be Deferred............................................................................. 36
84. Transfer of Streets and Utilities to Authority ....................................................... 37
85. Restriction on Sale of Lots .................................................................................... 37
86. Grouping of Buildings and Landscaping .............................................................. 38
PART IV - USE ZONES .............................................................................................................. 39
87. Use Zones.............................................................................................................. 39
88. Use Classes ........................................................................................................... 39
89. Permitted Uses ...................................................................................................... 39
90. Discretionary Uses ................................................................................................ 39
91. Uses Not Permitted - Prohibited Uses .................................................................. 40
SCHEDULE A- DEFINITIONS................................................................................................... 41
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ...................... 50
SCHEDULE C - USE ZONE TABLES ....................................................................................... 56
RESIDENTIAL (R) ZONE........................................................................57
RESIDENTIAL SEASONAL (RS) ZONE......................................................62
MIXED DEVELOPMENT (MD) ZONE.........................................................65
RECREATIIONAL OPEN SPACE (ROS) ZONE.............................................70
RURAL RESOURCE (RR) ZONE...............................................................73
MINERAL WORKING (MW) ZONE............................................................77
WELLHEAD PROTECTION AREA (WPA) ZONE.......................................79
SCHEDULE D - OFF STREET PARKING REQUIREMENTS.....................................81
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001 )
Under the authority of section 36 of the Urban and Rural Planning Act , 2000, I make the following
regulations.
Dated at St. John's , January 2, 2001 .
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1.
Short title
2.
Definitions
3.
Application
4.
Interpretation
5.
Notice of right to appeal
6.
Appeal requirements
7.
Appeal registration
8.
Development prohibited
9.
Hearing notice and meetings
10.
Hearing of evidence
11.
Board decision
12.
Variances
13.
Notice of variance
14.
Residential non conformity
15.
Notice and hearings on change of use
16.
Non-conformance with standards
17.
Discontinuance of non-conforming use
18.
Delegation of powers
19.
Commencement
Short title
1.
These regulations may be cited as the Development Regulations.
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.
Application
3.
(1) These regulations shall be included in the development regulations of an authority and shall
apply to all planning areas.
(2)
Where there is a conflict between these regulations and development regulations or other
regulations of an authority, these regulations shall apply.
(3)
Where another Act of the province provides a right of appeal to the board, these regulations shall
apply to that appeal.
Interpretation
4.
(1) In development regulations and other regulations made with respect to a planning area the
following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street;
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, located on the same lot as the main building
to which it is an accessory and which has a use that is customarily incidental or complementary to the main use of the
building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses, cold
frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
(c)
"accessory use" means a use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use;
(d)
"building height" means the vertical distance, measured in metres from the established grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks, steeples and purely ornamental
structures above a roof;
(e)
"building line" means a line established by an authority that runs parallel to a street line and is set at
the closest point to a street that a building may be placed;
(f)
"discretionary use" means a use that is listed within the discretionary use classes established in the
use zone tables of an 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;
(l)
"lot coverage" means the combined area of all building on a lot measured at the level of the lowest
floor above the established grade and expressed as a percentage of the total area of the lot;
(m)
"non-conforming use" means a legally existing use that is not .listed as a permitted or discretionary
use for the use zone in which it is located or which does not meet the development standards for that use zone;
(n)
"owner" means a person or an organization of persons owning or having the legal right to use the
land under consideration;
(o)
"permitted use" means a use that is listed within the permitted use classes set out in the use zone
tables of an authority's development regulations;
(p)
"prohibited use" means a use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that an authority specifies as not permitted within a use zone;
(q)
"sign" means a word, letter, model, placard, board, device or representation, whether illuminated or
not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement or direction and
excludes those things employed wholly as a memorial, advertisements of local government, utilities and boarding or
similar structures used for the display of advertisements;
(r)
"rear yard depth" means the distance between the rear lot line and the rear wall of the main building
on a lot;
(s)
"side yard depth" means the distance between the side lot line and the nearest side wall of a building
on the lot;
(t)
"street" means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles;
(u)
"street line" means the edge of a street reservation as defined by the authority having jurisdiction;
(v)
"use" means a building or activity situated on a lot or a development permitted on a lot;
(w)
"use zone" or "zone" means an area of land including buildings and water designated on the zoning
map to which the uses, standards and conditions of a particular use zone table apply;
(x)
"variance" means a departure, to a maximum of 10% from the yard, area, lot coverage, setback, size,
height, frontage or any other numeric requirement of the applicable Use Zone Table of the authority's regulations; and
(y)
"zoning map" means the map or maps attached to and forming a part of the authority's regulations.
(2)
An authority may, in its discretion, determine the uses that may or may not be developed in a use
zone and those uses shall be listed in the authority's regulations as discretionary, permitted or prohibited uses for that
area.
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)
person's right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6.
(1) The secretary of the board at the Department of Municipal and Provincial Affairs, Main Floor,
Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., A1B 4J6 is the secretary to all boards in the
province and an appeal filed with that secretary within the time period referred to in subsection 42(4) of the Act shall
be considered to have been filed with the appropriate board.
(2)
Notwithstanding subsection (1), where the City of Corner Brook , City of Mount Pearl or City of St.
John's appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed with the secretary of that
appointed board.
(3)
The fee required under section 44 of the Act shall be paid to the board that hears the decision being
appealed by filing it with the secretary referred to in subsection (1) or (2) within the 14 days referred to in subsection
42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection 44(3) of the Act, retain
the fee paid to the board.
(5)
Where an appeal of a decision and the required fee is not received by a board in accordance with this
section and Part VI of the Act, the right to appeal that decision shall be considered to have been forfeited.
Appeal registration
7.
(1) Upon receipt of an appeal and fee as required under the Act and these regulations, the secretary
of the board as referred to in subsections 6(1) and (2), shall immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall notify the appropriate authority
of the appeal and shall provide to the authority a copy of the appeal and the documentation related to the appeal.
(3)
Where an authority has been notified of an appeal that authority shall forward to the appropriate
board a copy of the application being appealed, all correspondence, council minutes, plans and other relevant
information relating to the appeal including the names and addresses of the applicant and other interested persons of
whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board shall publish in a
newspaper circulated in the area of the appropriate authority, a notice that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks before the date
upon which the appeal is to be heard by the board.
Development prohibited
8.
(1) Immediately upon notice of the registration of an appeal the appropriate authority shall ensure
that any development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an order under section
102 of the Act, an authority shall not carry out work related to the matter being appealed.
Hearing notice and meetings
9.
(1) A board shall notify the appellant, applicant, authority and other persons affected by the subject
of an appeal of the date, time and place for the appeal not fewer than 7 days before the date scheduled for the hearing
of the appeal.
(2)
A board may meet as often as is necessary to conduct its work in an expeditious manner.
Hearing of evidence
10.
(1) A board shall meet at a place within the area under its jurisdiction and the appellant and other
persons notified under subsection 9(1) or their representative may appear before the board and make representations
with respect to the matter being appealed.
(2)
A board shall hear an appeal in accordance with section 43 of the Act and these regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing of a
property shall be considered to have been provided in the same manner as evidence directly provided at the hearing of
the board.
(4)
In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
Board decision
11.
A decision of the board must comply with the plan, scheme or development regulations that apply to
the matter that has been appealed to that board.
Variances
12.
(1) Where an approval or permit cannot be given by an authority because a proposed development
does not comply with development standards set out in development regulations, an authority may, in its discretion,
vary the applicable development standards to a maximum of 10% if, in the authority's opinion, compliance with the
development standards would prejudice the proper development of the land, building or structure in question or would
be contrary to public interest.
(2)
An authority shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be made with respect to the
same land, building or structure, would have a cumulative effect that is greater than a 10% variance even though the
individual variances are separately no more than 10%.
(3)
An authority shall not permit a variance from development standards where the proposed
development would increase the non conformity of an existing development.
Notice of variance
13.
Where an authority is to consider a proposed variance, that authority shall give written notice of the
proposed variance from development standards to all persons whose land is in the immediate vicinity of the land that is
the subject of the variance.
Residential non conformity
14.
A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where being
repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development regulations applicable to that
building or structure.
Notice and hearings on change of use
15.
Where considering a non conforming building, structure or development under paragraph 108(3)(d)
of the Act and before making a decision to vary an existing use of that non-conforming building, structure or
development, an authority, at the applicant's expense, shall publish a notice in a newspaper circulating in the area or
by other means give public notice of an application to vary the existing use of a non-conforming building, structure or
development and shall consider any representations or submissions received in response to that advertisement.
Non-conformance with standards
16.
Where a building, structure or development does not meet the development standards included in
development regulations, the building, structure or development shall not be expanded if the expansion would increase
the non-conformity and an expansion must comply with the development standards applicable to that building,
structure or development.
Discontinuance of non-conforming use
17.
An authority may make development regulations providing for a greater period of time than is
provided under subsection 108(2) of the Act with respect to the time by which a discontinued non-conforming use may
resume operation.
Delegation of powers
18.
An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
Commencement
19.
These regulations shall be considered to have come into force on January 1, 2001 .
1
TOWN OF COLLIERS MUNICIPAL PLAN
(DEVELOPMENT REGULATIONS)
APPLICATION
1.
Short Title
These Regulations may be cited as the Colliers Development Regulations.
2.
Interpretation
(1) Words and phrases used in these Regulations shall have the meanings ascribed to them
in Schedule A.
(2) Words and phrases not defined in Schedule A shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
3.
Commencement
These Regulations come into effect throughout the Colliers Municipal Planning Area,
hereinafter referred to as the Planning Area, on the date of publication of a notice to that
effect in the Newfoundland Gazette.
4.
Urban and Rural Planning Act 2000 - Ministerial Development Regulations
The Ministerial Development Regulations (Ministerial Regulations), enacted under
Section 36 of the Act, shall apply to development within the Planning Area. Where there is
conflict between these and the Colliers Development Regulations, the Ministerial
Regulations shall prevail. The Ministerial Development Regulations are included with the
Colliers Development Regulations.
5.
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and
any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or
any other municipal regulations regulating or controlling the development, conservation
and use of land in force in the Town of Colliers, shall, under these Regulations apply to the
entire Planning Area.
2
6. Authority
In these Regulations, "Authority" means the Council of the Town of Colliers.
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Development Regulations
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Page3
PART I - GENERAL REGULATIONS
7.
Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance with
these Regulations.
8.
Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has been
issued by the Authority.
9.
Permit to be Issued
Subject to Regulations 10 and 11, a permit shall be issued for development within the
Planning Area that conforms to the requirements of these regulations.
10. Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the
Planning Area when, in the opinion of the Authority, 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 the Authority and such cost shall attach to and upon the property in respect of
which it is imposed.
11. Discretionary Powers of Authority
In considering an application for a permit or for approval in principle to carry out
development, the Authority 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
Town of Colliers
Development Regulations
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Page4
are, in its opinion, material, and notwithstanding the conformity of the application with the
requirements of these Regulations, the Authority 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.
12. Variances by Authority (see Ministerial Development Regulations, Section 12)
13. Service Levy
(1)
The Authority may require a developer to pay a service levy where
development is made possible or where the density of potential development is
increased, or where the value of property is enhanced by the carrying out of public
works either on or off the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Authority of constructing or improving the public works referred to
in Regulation 13(1) that are necessary for the real property to be developed in
accordance with the standards required by the Authority and for uses that are
permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefited by the public works related to all the
real property so benefited; and,
(b)
the density of development made capable or increased by the public work.
(4)
The Authority may require a service levy to be paid by the owner of the real
property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real property commences;
(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
14. Financial Guarantees by Developer
(1)
The Authority may require a developer before commencing a development
to make such financial provisions and/or enter into such agreements as may be
Town of Colliers
Development Regulations
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Page5
required to guarantee the payment of service levies, ensure site reinstatement, and
to enforce the carrying out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the form of:
(a)
a cash deposit from the developer, to be held by the Authority, or;
(b)
a guarantee by a bank, or other institution acceptable to the Authority, for
expenditures by the developer, or;
(c)
a performance bond provided by an insurance company or a bank, or;
(d)
an annual contribution to a sinking fund held by the Authority.
15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, the Authority
may require the dedication of a percentage of the land area of any subdivision or other
development for public use, and such land shall be conveyed to the Authority in
accordance with the provisions of the Act.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the Authority
may order the developer, the occupier of the site, or the owner or all of them to reinstate the
site, to remove all or any buildings or erections, to cover or fill all wells or excavations, and
to close all or any accesses, or to do any of these things or all of them, as the case may be,
and the developer, occupier or owner shall carry out the order of the Authority and shall put
the site in a clean and sanitary condition to the satisfaction of the Authority.
17. Form of Application
(1)
An application for a development permit or for approval in principle shall
be made only by the owner or by a person authorized by the owner to the Authority
on such form as may be prescribed by the Authority, and every application shall
include such plans, specifications and drawings as the Authority may require, and
be accompanied by the permit fee required by the Authority.
Town of Colliers
Development Regulations
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(2)
The Authority shall, on request, supply to every applicant a copy of the application
forms referred to in Regulation 17(1) and a description of the plans, specifications
and drawings required to be provided with the application.
18. Register of Application
The Authority shall keep a public register of all applications for development, and shall
enter therein the Authority's decision upon each application and the result of any appeal
from that decision.
19. Deferment of Application
(1)
The Authority may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations which have
not been determined by the Authority and on which a decision has not been com-
municated to the applicant within eight weeks of the receipt thereof by the
Authority, and on which consideration has not been deferred in accordance with
Regulation 19(1), shall be deemed to be refused.
20. Approval in Principle
(1)
The Authority may grant approval in principle for the erection, alteration or
conversion of a building if, after considering an application for approval in
principle made under these Regulations, it is satisfied that the proposed develop-
ment is, subject to the approval of detailed plans, in compliance with these
Regulations.
(2)
Where approval in principle is granted under this Regulation, it shall be subject to
the subsequent approval by the Authority of such details as may be listed in the
approval in principle, which shall also specify that further application for approval
of these details shall be received not later than two years from the grant of approval
in principle.
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Development Regulations
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21. Development Permit
(1)
A plan or drawing which has been approved by the Authority and which
bears a mark and/or signature indicating such approval together with a permit shall
be deemed to be permission to develop land in accordance with these Regulations
but such permission shall not relieve the applicant from full responsibility for
obtaining permits or approvals under any other regulation or statute prior to
commencing the development; from having the work carried out in accordance
with these Regulations or any other regulations or statutes; and from compliance
with all conditions imposed thereunder.
(2)
The Authority may attach to a permit or to approval in principle such conditions as
it deems fit in order to ensure that the proposed development will be in accordance
with the purposes and intent of these Regulations.
(3)
Where the Authority deems necessary, permits may be issued on a temporary basis
for a period not exceeding two years, which may be extended in writing by the
Authority for further periods not exceeding two years.
(4)
A permit is valid for such period, not in excess of two years, as may be stated
therein, and if the development has not commenced, the permit may be renewed for
a further period not in excess of one year, but a permit shall not be renewed more
than once, except in the case of a permit for an advertisement, which may be
renewed in accordance with Regulation 31 of these Regulations.
(5)
The approval of any application and plans or drawings or the issue of a permit shall
not prevent the Authority from thereafter requiring the correction of errors, or from
ordering the cessation, removal of, or remedial work on any development being
carried out in the event that the same is in violation of this or any other regulations
or statute.
(6)
The Authority may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit was
issued in error or was issued on the basis of incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter or thing in
being done for which a permit has been issued, a copy of the permit and any plans,
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drawings or specifications on which the issue of the permit was based during the
whole progress of the work, or the doing of the matter or thing until completion.
22. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit,
state the reasons for so doing.
23. Notice of Application
The Authority may, and when a variance is necessary under Regulation 12 (see also
Ministerial Regulations), when a change in nonconforming use is to be considered under
Regulation 54 (see also Ministerial Regulations), or when the development proposed is
listed as a discretionary use in Schedule C of the Regulations shall, at the expense of the
applicant, give notice of an application for a permit or for approval in principle, by public
advertisement in a newspaper circulating in the area or by any other means deemed
necessary.
When a variance is necessary under Regulation 12 (see also Ministerial Regulations), the
Authority shall, at the expense of the applicant, give written notice to the property owners
in the immediate vicinity of the proposed variance.
24. Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land and
may at all reasonable times enter any development or building upon the land for the
purpose of making surveys or examinations or obtaining information relative to the
carrying out of any development, construction, alteration, repair, or any other works
whatsoever which the Authority is empowered to regulate.
25. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to his
knowledge and report that violation to the Authority.
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26. Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to
these Regulations, the Authority may order that person to stop the development or
work connected therewith pending final adjudication in any prosecution arising out
of the development.
(2)
A person who does not comply with an order made under Regulation 26(1) is guilty
of an offence under the provisions of the Act.
27. Appeals
See Ministerial Regulations- Sections 6 to 11.
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PART II - GENERAL DEVELOPMENT STANDARDS
28. Accesses and Service Streets
(1)
Access shall be located to the specification of the Authority and/or the
Department of Works Services and Transportation (Provincial roads) so as to
ensure the greatest possible convenience and safety of the street system. The
Authority may prescribe the construction of service streets to reduce the number of
accesses to collector and arterial streets.
(2)
No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
29. Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the use of the
main buildings in character, use and size, and shall be contained on the same lot.
(2)
No accessory building or part thereof shall project in front of any building line.
(3)
The sideyard requirements set out in the use zone tables in these Regulations 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)
The rearyard requirement for accessory buildings shall be the same as the sideyard
requirements under Regulation 29 (3) or as otherwise specified in Schedule C.
30.
Accessory Uses
Subject to the conditions under Schedule C for a use zone, uses accessory to the permitted
or discretionary use may be permitted. Examples include, but are not limited to:
(a)
facilities for the serving of food and alcoholic beverages in an arena or other place
of assembly, marina, hotel (commercial - residential);
(b)
a gift or souvenir shop in a museum, hotel or other establishment;
(c)
office and/or a small convenience store or catering establishment in a campground.
These accessory uses shall be clearly subsidiary to and controlled so as to be compatible
with the primary use and the use of nearby properties.
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31. Advertisements
(1) Permit Required
Subject to the provisions of Regulation 32, no advertisement shall be erected or
displayed in the Planning Area unless a permit for the advertisement is first
obtained from the Authority.
(2)
Form of Application
Application for a permit to erect or display an advertisement shall be made to the
authority in accordance with Regulation 17.
(3)
Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over
any highway or street reservation.
(4) 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.
(5)
Removal of 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.
(6) Signs - Non-Conforming Uses
A permit may be used for the erection or display of 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 could be permitted if the development was in a Use Zone
appropriate to its use, and subject to any other conditions deemed appropriate by
the Authority.
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32. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Authority:
(a)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
0.2 m² in area;
(b)
on an agricultural holding or farm, a notice board not exceeding 1.5 m² in area and
relating to the operations being conducted on the land;
(c)
on land used for forestry purposes, signs or notices not exceeding 1 m² in area and
relating to forestry operations or the location of logging operations conducted on
the land;
(d)
on land used for mining or quarrying operations, a notice board not exceeding 1 m²
in area relating to the operation conducted on the land;
(e)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
0.2 m² 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 m² 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 m, whichever is the lesser;
(h)
on any parking lot directional signs and one sign not exceeding 1 m² in size,
identifying the parking lot.
33.
Advertisements - Temporary Signs
A temporary sign may be permitted in any zone for a period not exceeding seven
consecutive days, provided the sign:
(a)
does not exceed 1.5 square metres in area;
(b)
does not create or aggravate a traffic hazard, such as by blocking a sight-line;
(c)
does not interfere with other lawful signs, including directional signs;
(d)
is in keeping with the character and appearance of the area;
(e)
if necessary, is approved by the Department of Government Services and Lands.
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34.
Advertisements - Offsite Promotional Signs - Highways
Offsite promotional signs falling within the designated control lines of any highway must
be referred to and approved or exempted by the Government Services and Lands Office
serving the area.
35.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot
or site occupied by a use permitted or existing as a legal non-conforming use in this use
zone, shall be as follows:
(a)
the size, shape, illumination and material construction of the advertisement shall
meet the requirements of the Authority, having regard to the safety and con-
venience of users of adjacent streets and sidewalks, and the general amenities of the
surrounding area;
(b)
no advertisement shall exceed five square metres in area.
36.
Advertisements Relating to Offsite Uses
The conditions to be applied to 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)
wach advertisement shall not exceed three 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.
(c)
The location, siting and illumination of each advertisement shall be to the satis-
faction of the Authority, having regard to the grade and alignment of streets, the
location of street junctions, the location of nearby buildings and the preservation of
the amenities of the surrounding area.
37.
Agriculture and Farming
(1)
Approvals must be obtained from the Department of Forest Resources and
Agrifoods for any farming operation that falls within its jurisdiction.
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(2)
Except for infill development any residential development within 600 metres of
structure containing more than five animal units the Development Regulations
must be referred to the Soils and Lands Management Division of the Department
for a recommendation. The Authority shall not issue a permit contrary to the
recommendation.
(3)
Any livestock structure (barn) containing five or more animal units must be located
at least 600 metres from a non-farm dwelling, unless otherwise determined after
referral to, and upon recommendation of, the Soils and Lands Management
Division of the Department, and, the structure shall be at least 60 m from the
boundary of the property on which it is to be erected and shall be at least 90 m from
the centre line of a street. The erection of the structure shall be approved by the
Department of Forest Resources and Agrifoods before a permit is issued by the
Authority.
(4)
Blueberry Management Area - Applications for development in areas identified
as Blueberry Management Areas on the Zoning Maps shall be referred to the
Department of Forest Resources and Agrifoods for review and approval.
38.
Archaeological Sites
If an archaeological site or historical artifacts are discovered during construction,
development shall stop and the Historic Resources Division of the Department of Tourism,
Culture and Recreation consulted. Development shall not proceed until the Historic
Resources Division has evaluated the site.
39.
Buffers - Designated Trails and Public Open Space
Along selected trails and public open spaces, the Authority may require that a buffer of
fifteen (15) metres be provided between a development permitted under a zone and a
designated trail, public amenity area, or public open space as set forth on the Zoning Maps.
40. Buffers - Non-Residential
Where any non-residential use abuts a residential use or area, the owner of the site of the
non-residential development may be required to provide a buffer strip between any
non-residential building or activity and the residential use. The buffer shall include the
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provision of grass strips, hedges, trees or shrubs, or structural barriers as may be required
by the Authority, and shall be maintained by the owner or occupier to the satisfaction of
the Authority.
41. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed street
or service street and may require any new buildings to be located on those building lines,
whether or not such building lines conform to the standards set out in the tables in Schedule
C of these Regulations.
42.
Discretionary Use Classes
The discretionary use classes listed in Schedule C may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
43.
Environmental Protection
(1)
Before approving development of a site having a slope greater than 15 percent, the
Authority shall require the submission of a review of the development proposal by
a certified engineer, landscape architect or similar professional. The review shall
evaluate the adequacy of site grading, drainage and landscaping and the potential of
the development to cause erosion onto and pollution of adjacent development and
lands and bodies of water receiving run-off from the site, and other similar matters.
(2)
The Authority shall ensure that the proposal is not inappropriate by reason of:
(a)
precipitating or contributing to a pollution problem in the area; or
(b)
creation of erosion and/or sedimentation.
(3)
The Authority shall consider the suitability of the site in terms of steepness of
grades, soil and geographic conditions, location of watercourses, marshes, swamps,
or bogs when reviewing a development proposal.
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44. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequate in
size to accommodate the number of persons living in the group, inclusive of staff, provided
that in the opinion of the Authority, the use of the dwelling does not materially differ from,
nor adversely affect, the amenities of the adjacent residences, or the neighbourhood in
which it is located. The Authority may require special access and safety features to be
provided for the occupants before occupancy is permitted.
45.
Fences
(1)
Except as otherwise set out in Schedule C or in a Fence Regulation adopted under
the Municipalities Act, the requirements of this Section shall apply to all fences.
(2)
For the purpose of this Section 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
(3)
Except as otherwise provided in Regulation 60, no fence shall be erected with a
height of greater than 0.75 metres above the grade of the street line within the
triangle formed by two street lines and a line connecting two points on the two
street lines located 15 metres from the point of intersection of the two street lines
where one of the streets is an arterial or collector street, or 8 metres from the point
of intersection of the two street lines where the two streets are local streets.
(4)
Except as otherwise provided in Regulation 60, 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 Council it impedes
sight lines.
Maximum Height between the Building Line and the Street Line
(5)
Except as otherwise provided in Regulation 60, unless required for screening, no
fence shall be greater than 0.75 metres in height between the building line and the
street line.
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Maximum Height
(6)
The maximum height of a fence shall not exceed 1.8 metres in height, except in the
Mixed Development, Recreational Open Space, Rural Resource, and Mineral
Working zones, where the maximum allowable fence height shall be 3 metres.
Fence Materials
(7)
The material or materials used in the erection and repair of a fence, shall only be of
a type which meets the approval of the Council.
Fence Maintenance
(8)
Every person who owns a fence shall maintain such fence in a good state of repair.
For the purpose of this section, "good state of repair" shall mean:
(a)
the fence is complete and in a structurally sound condition and plumb and
securely anchored;
(b)
protected by weather -resistant materials;
(c)
fence components are not broken, rusted, rotten or in a hazardous condition;
(d)
all stained or painted fences are maintained free of peeling; and
(e)
that the fence does not present an unsightly appearance deleterious to
abutting land or to the neighborhood.
Electrical Fence and Barbed Wire Fence
(9)
No person shall erect an electrical fence on any land, unless required for the
containment of livestock or the protection of crops from marauding animals..
(10)
No person shall erect a fence consisting wholly or partly of barbed wire or other
barbed material, except as noted in Section 45 (9) or except along the top of any
fence in excess of 2.1 metres enclosing a lot used for commercial or industrial
purposes provided the industrial or commercial lot does not abut a residential lot or
residential use zone.
Snow Fence
(11)
No person shall erect or maintain a snow fence for the period May 1st to October
31st in any year on land used for residential or commercial purposes.
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Swimming Pool Fence
(12)
A fence with a minimum height of 1.8 metres shall be erected and maintained
around an open swimming pool.
Order to Remove Fence
(13)
When in the opinion of the Authority, a fence creates a safety hazard or obstruction
due to its location, height or construction material, the Authority 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 the cost to remove, construct or repair said fence or part
thereof will 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 will be at the
owner's expense.
Public Authorities
(14)
The provision of these Regulations shall apply to all public authorities except in
those cases where an exception from the Regulations is require to respond to an
emergency or for a public purpose.
Responsibility For Damage
(15)
The Authority shall not be liable for any damages for the repair of any fence
whatsoever where the Authority, its employees or agents or otherwise have acted
without negligence. In particular, the Authority shall not be liable for any
damages or repairs of any fence whatsoever during the normal operation of snow
clearing on streets or sidewalks located within the Municipal Planning Area.
46.
Forestry
(1)
Approvals for woodcutting or other forestry related activities must be obtained
from the provincial Department of Forest Resources and Agrifoods - Forest
Management Unit.
(2)
Any non-forestry activity in an area set aside for silviculture, tree farming and
domestic cutting must be approved by the Forest Management Unit.
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47.
Highways - Development near Highways
The Province has designated "control lines" alongside each provincially maintained route.
These lines extend 400 metres from the highway centrelines. The control area is reduced
within Municipal Boundaries, where the lines instead fall 100 metres from the centreline.
Offsite Promotional Signs falling within the designated control lines of any highway must
be referred to and approved or exempted by the Government Services and Lands Office
serving the area.
The Department of Works, Services and Transportation should be notified of any other
proposed developments within a highway control area, and must approve any new access
off a provincial highway.
48. Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation of
any portion thereof or otherwise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage or lot
area that is less than that permitted by these Regulations for the zone in which such
lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a yard, it
shall continue to be so used regardless of any change in the ownership of the lot or
any part thereof, and shall not be deemed to form part of an adjacent lot for the
purpose of computing the area thereof available for building purposes.
49. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already
exist in any zone, with insufficient frontage or area to permit the owner or purchaser of
such a lot or lots to comply with the provisions of these Regulations, then these
Regulations shall not prevent the issuing of a permit by the Authority for the erection of a
dwelling thereon, provided that the lot coverage and height are not greater than, and the
yards and floor area are not less than the standards set out in these Regulations.
50. Lot Frontage
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Except where specifically provided for in the Use Zone Tables in Schedule C of these
Regulations, no residential or commercial building shall be erected unless the lot on which
it is situated fronts directly onto a street or forms part of a Comprehensive Development
Scheme.
51.
Mineral Exploration
Where permitted mineral exploration is subject to the following conditions:
(a)
all applicable Provincial requirements are satisfied, including those of Government
Services and Lands, Environment and Labour, and Mines and Energy;
(b)
no mineral exploration may proceed unless a permit is issued by the Authority for
any facilities and access roads and/or other uses of land related to the activity of
mineral exploration that constitutes development under these Development
Regulations;
(c)
Provided that adequate provision is made to ensure that the activity is controlled
as to duration and noise, visual, and physical impacts so as to be compatible with
the area within which it is taking place, mineral exploration that requires the
construction or erection of any sort of support facility such as a building, a drill rig,
and/or access road may be permitted as a discretionary use in: i) in areas that the
Authority has set aside for recreational, residential and/or mixed development
(commercial) purposes; and, (ii) within 300 metres of existing or proposed
residential, and mixed development areas.
52.
Mineral Working - Quarries and Pits
Where permitted, mineral workings are subject to this Regulation, any other applicable
regulations and the approval of the Department of Mines and Energy.
(1)
Separation from Adjacent Uses
Unless the Authority is satisfied that the working will not create a nuisance and will
not adversely affect the amenity of the specified development or natural feature, no
mineral working shall be located closer than the minimum distances set out below
to the specified development or natural feature:
(a) Existing or Proposed Residential Development
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-where no blasting is involved
300 metres
-where blasting is involved
1000 metres
(b)
Any Other Existing or Proposed Development
150 metres
(c)
Public Highway or street
50 metres
(d)
Protected Road
90 metres
(e)
Body of water or watercourse
50 metres
(2) Screening
A mineral working shall be screened in the manner described below where it is
visible from a public street or highway, developed area, or area likely to be devel-
oped during the life of the use.
(a)
Where tree screens exist between the mineral working and adjacent public
highways and streets or other land uses (excepting forestry and agriculture),
the tree screens shall be retained in a 30-metre wide strip of vegetation so
that visibility of any part of the use from the surrounding uses or streets will
be prevented. The tree screens must be maintained by the owner or
occupier of the use to retain 30 metres in a forested appearance. Where
vegetation dies or is removed from the 30-metre strip, the Authority may
require new trees of a minimum height of 1 metre be planted to fill in the
areas affected to the satisfaction of the Authority or, at the discretion of the
Authority, condition (2)(b) must be undertaken.
(b)
Where no tree screens exist of sufficient width and density to constitute a
visual screen, earthen berms shall be constructed to a height sufficient to
prevent visibility of any part of the mineral working from adjacent uses
(excepting forestry and agriculture), or adjacent public highways and
streets. The berms shall be landscaped to the Authority's satisfaction.
(c)
Where natural topography creates a visual screen between mineral
workings and adjacent public highways and streets or other land uses
(excepting forestry and agriculture), additional screening may not be
required.
(d)
Where effective screening for any mineral working or associated
processing or manufacturing use cannot be installed or located as required
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in (a) - (c) above, the Authority may refuse to permit the use or associated
activity.
(3)
Fencing
The Authority may require the mineral working site or excavated areas of a pit or
quarry working to be enclosed by a fence designed and constructed to its
specifications and no less than 1.8 metres in height.
(4)
Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any body of water or watercourse. Any access road
to a pit or quarry working which crosses a brook or stream shall be bridged or
culverted at the crossing in accordance with the Regulations of the Department of
Environment and Labour.
(5)
Water Ponding
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any body of water or watercourse. Any access road
to a pit or quarry working which crosses a brook or stream shall be bridged or
culverted at the crossing in accordance with the Regulations of the Department of
Environment and Labour and Lands.
(6)
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of
adjacent land.
(7)
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and
abandoned equipment and any derelict buildings.
(8)
Access Roads
During extended periods of shutdown, access roads to a mineral working shall be
ditched or barred to the satisfaction of the Authority.
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(9)
Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron
stained layer, shall be stripped and stockpiled at least 5 metres from active quarry or
stockpile areas. The owner or operator shall ensure that the quality of the topsoil is
not affected by dilution with other materials.
(10)
Operating Plant and Associated Processing and Manufacturing
(a)
The Authority may permit processing and manufacturing use associated
with mineral workings provided that, in the opinion of the Authority, the
use does not create a nuisance nor is liable to become a nuisance or
offensive by the creation of noise or vibration, or by reason of the emission
of fumes, dust, dirt, objectionable odour, or by reason of unsightly storage
of materials.
(b)
All permanent or temporary buildings, plants and structures associated with
processing and manufacturing will be located so as not to interfere with the
present or future extraction of aggregate resources.
(c)
The Authority may specify a minimum separation distance between
operating plant or associated processing and manufacturing structure or
equipment and adjacent developed areas likely to be developed during the
life of the mineral working.
(11)
Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried out
by the operation:
(a)
all buildings, machinery and equipment shall be removed;
(b)
all pit and quarry slopes shall be graded to slopes less than 20o or to the
slope conforming to that existing prior to the mineral working;
(c)
topsoil and any organic materials shall be re-spread over the entire quarried
area;
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(d)
the access road to the working shall be ditched or barred to the satisfaction
of the Authority;
(e)
if the mineral working contains reserves of material sufficient to support
further extraction operations, the Authority may require the work described
above to be carried out only in areas of the site where extraction has
depleted aggregate reserves.
53.
Municipal Services - Unserviced Development
Unserviced or partially serviced development shall be approved by the Department of
Government Services and Lands, along with the Authority.
54.
Non-Conforming Uses
See the Urban and Rural Planning Act and Sections 14, 15, and 16 of the Ministerial
Development Regulations.
55.
Non-Conforming Use - Discontinuance
Pursuant to Section 17 of the Ministerial Development Regulations and Section 108 (2) of
the Urban and Rural Planning Act:
(a)
A non-conforming use of land may be resumed within one year of its
discontinuance;
(b)
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 taxes for that use;
(iii)
the owner or tenant has stated in writing that the use has ceased.
56.
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous
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fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or
create any nuisance that has an unpleasant effect on the senses unless its use is authorized
by the Authority and any other authority having jurisdiction.
57. Off-Street Loading Requirements
(1)
Where the Authority deems necessary, for every building, structure or use
to be erected, enlarged or established requiring the shipping, loading or unloading
of animals, goods, wares or merchandise, there shall be provided and maintained
for the premises loading facilities on land that is not part of a street comprised of
one or more loading spaces, 15 m long, 4 m wide, and having a vertical clearance of
at least 4 m with direct access to a street or with access by a driveway of a minimum
width of 6 m to a street.
(2)
The number of loading spaces to be provided shall be determined by the Authority.
(3)
The loading facilities required by this Regulation shall be so arranged that vehicles
can manoeuvre clear of any street and so that it is not necessary for any vehicle to
reverse onto or from a street.
58. Parking Requirements
(1) For every building, structure or use to be erected, enlarged or established, 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 the on-street parking of vehicles
associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Schedule D , except as
otherwise modified by Schedule C, of these Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings, shall be
made accessible by means of a hard surfaced right-of-way at least 3 m in width.
Parking required in a Residential Zone shall be provided on the same lot as the
dwelling or dwellings. Parking space for apartments shall be provided in the rear
yard where possible. In a Non-Residential Zone, parking spaces shall be provided
within the limits of the zone in which the use is situated and not more than 200 m
distant from the use concerned.
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(4)
The parking facilities required by this Regulation shall, except in the case of single
or attached dwellings, be arranged so that it is not necessary for any vehicle to
reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted:
(a)
parking space shall mean an area of land, not less than 15 m² in size, capable
of being used for the parking of a vehicle without the need to move other
vehicles on adjacent areas.
(b)
the parking area shall be constructed and maintained to the specifications of
the Authority;
(c)
the lights used for illumination of the parking area shall be so arranged as to
divert the light away from adjacent development;
(d)
a structure, not more than 3 m in height and more than 5 m² in area may be
erected in the parking area for the use of attendants in the area;
(e)
except in zones in which a service station is a permitted use, no gasoline
pump or other service station equipment shall be located or maintained on a
parking area;
(f)
no part of any off-street parking area shall be closer than 1.5 m to the front
lot line in any zone;
(g)
access to parking areas in non-residential zones shall not be by way of
residential zones;
(h)
where a parking area is in or abuts a residential zone, a natural or structural
barrier at least 1 m in height shall be erected and maintained along all lot
lines;
(i)
where, in the opinion of the Authority, strict application of the above
parking requirements is impractical or undesirable, the Authority may as a
condition of a permit require the developer to pay a service levy in
accordance with these Regulations in lieu of the provision of a parking area,
and the full amount of the levy charged shall be used by the Authority for
the provision and upkeep of alternative parking facilities within the general
vicinity of the development.
59. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any, except Mineral Working, 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.
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60. Screening and Landscaping
The provision of adequate and suitable landscaping or screening may be made a condition
of any development permit where, in the opinion of the Authority, the landscaping or
screening is desirable to preserve amenity, or protect the environment.
61. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the
provision of public services and public utilities if the use of that land is necessary to the
proper operation of the public service or public utility concerned provided that the design
and landscaping of any development of any land so used is, in the opinion of the Authority,
adequate to protect the character and appearance of the area.
61A. Windmills and Wind Turbines
A windmill or a wind turbine may be permitted in any zone as a discretionary use,
subject to the following requirements:
(a) The wind mill or wind turbine meets all applicable Provincial and Federal
requirements, including those applying to safety and environmental
concerns;
(b) Newfoundland Power and/or Newfoundland Hydro has no objections to
the proposed facility;
(c) The wind mill or wind turbine does not create a hazard to nearby
properties and does not negatively affect the use and enjoyment of nearby
properties;
(d) Where there is more than one windmill or wind turbine in a group, or
where the tower exceeds 15 meters in height as measured from the base,
then this development shall not be permitted in the Residential,
Residential Seasonal, or Mixed Development Zones.
The Town, in its discretion may choose to issue a temporary permit for a wind mill or
wind turbine.
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DRA-2003-1 and NL Gazette
62. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
all gasoline pumps shall be located on pump islands designed for such purpose, and
to which automobiles may gain access from either side;
(b)
pump islands shall be set back at least 4 metres from the front lot line;
(c)
accesses shall not be less than 7 metres wide and shall be clearly marked, 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.
63. Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the exposed sides
of every building in order to provide access for the maintenance of that building.
64.
Solid Waste Disposal Site and Scrap Yard
(1)
Solid Waste Disposal Site Buffer
Where applicable, development within 1.6 km of a Solid Waste
Disposal/Incinerator Site shall be referred to the Department of Government
Services and Lands for approval.
(2)
Separation from Adjacent Uses
Unless the Authority is satisfied that the solid waste site or scrap yard will not
create a nuisance and will not adversely affect the amenity of the specified
development or natural feature, no solid waste site or scrap yard shall be located
closer than the minimum distances set out below to the specified development or
natural feature:
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Type of Development
Minimum Distance from Solid
Waste Site or Scrap Yard
Existing or proposed residential development
- where no blasting is involved
- where blasting is involved
300 metres
1000 metres
Any other developable area or area likely to be
developed during the life of the mineral working
150 metres
Public highway or street
50 metres
Watercourse or waterbody
50 metres
Protected Road
90 metres
(3)
Screening
A solid waste site or scrap yard shall be screened in the following manner where it
is visible from a public street or highway, developed area, or area likely to be
developed during the life of the use:
(i)
Where tree screens exist between the solid waste site or scrap yard and
adjacent public highways and streets or other land uses (excepting forestry
and agriculture), the tree screens shall be retained in a 30-metre wide strip
of vegetation so that visibility of any part of the use from the surrounding
uses or streets will be prevented. The tree screens must be maintained by
the owner or occupier of the use to retain 30 metres in a forested
appearance. Where vegetation dies or is removed from the 30-metre strip,
the Authority may require new trees of a minimum height of 1 metre be
planted to fill in the areas affected to the satisfaction of the Authority or, at
the discretion of the Authority, condition 2(ii) must be undertaken.
(ii)
Where no tree screens exist of sufficient width and density to constitute a
visual screen, earthen berms shall be constructed to a height sufficient to
prevent visibility of any part of the solid waste site or scrap yard from
adjacent uses (excepting forestry and agriculture), or adjacent public
highways and streets. The berms shall be landscaped to the Authority's
satisfaction.
(iii)
Where natural topography creates a visual screen between a solid waste site
or scrap yard and adjacent public highways and streets or other land uses
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(excepting forestry and agriculture), additional screening may not be
required.
(iv)
Where effective screening for any solid waste site, scrap yard or associated
processing or manufacturing use cannot be installed or located as required
in (a) - (c) above, the Authority may refuse to permit the use or associated
activity.
(4)
Fencing
The Authority may require the solid waste site or scrap yard to be enclosed by a
fence designed and constructed to its specifications and no less than 1.8 metres in
height.
65. Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Authority.
66. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of
calculating lot area and yard requirements, shall be considered part of the self-contained
dwelling.
67. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to
satisfy the yard and other allowances called for in the Use Zone in which it is located and
the allowances shall be retained when the adjacent land is developed.
68.
Waterways - Development in Waterways and in Waterways Reservations or Buffers
(1)
The minimum width of a buffer along a watercourse shall be 15 m from the
highwater mark of the stream, river, pond or other body of water. If the
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embankment is steep, then the buffer shall be measured from the top of the
embankment.
(2)
The only uses that may be permitted in the buffer area of a watercourse are hiking
trails, marinas, wharves, and similar uses, subject to the approval of the Water
Resources Division of the Department of Environment, and where applicable, the
Government Service Centre of the Department of Government Services and Lands
for Crown Lands and referrals.
(3)
The Authority or the Provincial Government may subject development within the
buffer area of a watercourse to an environmental review, and may approve, approve
subject to conditions, or refuse such development.
(4)
Any development within a body of water or involving the alteration of a body of
water must be approved by or exempted by the following agencies:
-
Government Service Centre of the Department of Government Services and
Lands for Crown Lands and referrals;
-
Coast Guard Canada of the Department of Fisheries and Oceans -
Navigable Waters Act;
-
Fish Habitat Division of the Department of Fisheries and Oceans;
-
Water Resources Division of the Department of Environment and Labour.
69. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which are designed
to form part of a zero lot line development or other comprehensive layout which does not,
with the exception of dwelling unit floor area, meet the requirements of the Use Zone Table
in Schedule C, 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.
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PART III - SUBDIVISION OF LAND
70. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of
the subdivision is first obtained from the Authority.
71. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Authority have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system.
72. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Authority for connection to services,
utilities and streets deemed necessary for the proper development of the subdivision, and
all service levies and other charges imposed under these Regulations.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Authority shall,
without limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
(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;
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(j)
prevailing winds;
(k)
visual quality;
(l)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
74. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building permit
shall be obtained for each building proposed to be erected in the area of the subdivision,
and no building permit for any building in the area shall be issued until the developer has
complied with all the provisions of these Regulations with respect to the development of
the subdivision.
75. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
77. Building Lines
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines.
78. Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate
to the Authority, at no cost to the Authority, an area of land equivalent to not
more than 10% of the gross area of the subdivision or 25 m² for every
dwelling unit permitted in the subdivision, whichever is the greater, for
public open space, provided that:
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(a)
where land is subdivided for any purpose other than residential use, the
Authority shall determine the percentage of land to be dedicated;
(b)
if, in the opinion of the Authority, no public open space is required, the land
may be used for such other public use as the Authority may determine;
(c)
the location and suitability of any land dedicated under the provisions of
this Regulation shall be subject to the approval of the Authority but in any
case, the Authority shall not accept land which, in its opinion is incapable of
development for any purpose;
(d)
the Authority may accept from the developer in lieu of such area or areas of
land the payment of a sum of money equal to the value of the land which
would otherwise be required to be dedicated;
(e)
money received by the Authority in accordance with Regulation 78(1)(d)
above, shall be reserved by the Authority 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 Authority and may be sold or leased by the Authority for the purposes of any
development that conforms with the requirements of these Regulations, and the
proceeds of any sale or other disposition of land shall be applied against the cost of
acquisition or development of any other land for the purposes of public open space
or other public purposes.
(3)
The Authority may require a strip of land to be reserved and remain undeveloped
along the banks of any river, brook or pond, and this land may, at the discretion of
the Authority, constitute the requirement of land for public use under Regulation
78(1).
79. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the
prior approval of the Authority which shall be satisfied on the question of safe construction
and relationship to the adjoining buildings and other structures within the street
reservation.
80. 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 standards below.
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(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter of not less
than 30 m.
(c)
The maximum length of any cul de sac shall be:
(i)
200m in areas served by or planned to be served by municipal piped water
and sewer services, as shown in the map and letter of agreement signed by
the Municipality and the Minister of Municipal and Provincial Affairs in
connection with municipal five-year capital works program eligibility.
(ii)
300m in areas not served by or planned to be served by municipal piped
water and sewer services.
(d)
Emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall
connect the head of the cul de sac with an adjacent street.
(e)
No cul de sac shall be located so as to appear to terminate a collector street.
(f)
New subdivisions shall have street connections with an existing street or streets.
(g)
All street intersections shall be constructed within 5 of a right angle and this
alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(i)
No more than four streets shall join at any street intersection.
(j)
No residential street block shall be longer than 490 m between street intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with the
approved standards of the Authority, but in the absence of such standards, shall
conform to the following minimum standards:
Type of Street
Street
Reser-
vation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Arterial Streets
30 m
15 m
1.5 m
discretion
of Council
Collector Streets
15 m
12 m
1.5 m
discretion of
Council
Local Streets
12 m
9 m
1.5 m
discretion of
Council
(l)
No lot intended for residential purposes shall have a depth exceeding four times the
frontage.
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(m)
Residential lots shall not be permitted which abut a local street at both front and
rear lot lines.
(n)
The Authority may require any existing natural, historical or architectural feature or
part thereof to be retained when a subdivision is developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
81. Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers,
storm sewers and all appurtenances thereto and all streets, paving, curbs, gutters
and catch basins and all other utilities deemed necessary by the Authority to service
the area proposed to be developed or subdivided shall be designed and prepared by
or approved by the Engineer. Such designs and specifications shall, upon approval
by the Authority, be incorporated in the plan of subdivision.
(2)
Upon approval by the Authority of the proposed subdivision, the Engineer shall
certify all work of construction layout preliminary to the construction of the works
and thereupon the developer shall proceed to the construction and installation, at
his own cost and in accordance with the approved designs and specifications and
the construction layout certified by the Engineer, of all such water mains,
hydrants,
sanitary sewers and all appurtenances and of all such streets and other works
deemed necessary by the Authority to service the said area.
82. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of materials and
labour for the construction and installation of all works calculated in accordance with the
Schedule of Fees recommended by the Association of Professional Engineers of
Newfoundland and in effect at the time the work is carried out.
83. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and
paving specified by the Authority as being necessary, may, at the Authority's discretion, be
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deferred until a later stage of the work on the development of the subdivision but the
developer shall deposit with the Authority before approval of his application, an amount
estimated by the Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the work of development, the Authority
shall call for tenders for the work of construction and installation of the works, and the
amount so deposited by the developer shall be applied towards payment of the contract
cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the
amount of the excess. If the contract price is less than the deposit, the Authority shall
refund the amount by which the deposit exceeds the contract price. Any amount so
deposited with the Authority by the developer shall be placed in a separate savings account
in a bank and all interest earned thereon shall be credited to the developer.
84. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land and
upon request of the Authority, transfer to the Authority, at no cost to the Authority,
and clear of all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided which are
approved and designated by the Authority for public uses as streets, or other
rights-of-way, or for other public use;
(b)
all services or public works including streets, water supply and distribution
and sanitary an storm drainage systems installed in the subdivision that are
normally owned and operated by the Authority.
(2)
Before the Authority shall accept the transfer of lands, services or public works of
any subdivision, the Engineer shall, at the cost to the developer, test the streets,
services and public works installed in the subdivision and certify his satisfaction
with their installation.
(3)
The Authority shall not provide maintenance for any street, service or public work
in any subdivision until such time as such street, service or public work has been
transferred to and accepted by the Authority.
85. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes
of development and no building permit shall be issued until the Authority is satisfied that:
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(a)
the lot can be served with satisfactory water supply and sewage disposal systems,
and;
(b)
satisfactory access to a street is provided for the lots.
86. Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building
types and for landscaping in order to enhance the visual aspects of the completed
development and to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by the Authority, shall not be changed without
written application to and subsequent approval of the Authority.
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PART IV - USE ZONES
87. Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use
Zones which are shown on the Zoning Map attached to and forming part of these
Regulations.
(2)
Subject to Regulation 87(3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in
the Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not set
out in the Use Zone Tables in Schedule C, the Authority may in its discretion,
determine the standards, requirements and conditions which shall apply.
88. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in
Schedule C shall be determined by the Authority in accordance with the classification and
examples set out in Schedule B.
89. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in
the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that
Use Zone.
90. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out
in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if the
Authority is satisfied that the development would not be contrary to the general intent and
purpose of these Regulations, the Municipal Plan, or any further scheme or plan or
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regulation pursuant thereto, and to the public interest, and if the Authority has given notice
of the application in accordance with Regulation 23 and has considered any objections or
representations which may have been received on the matter.
91. Uses Not Permitted - Prohibited Uses
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out
in the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone
and are deemed to be prohibited uses.
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SCHEDULE A
DEFINITIONS
GENERAL NOTE:
A definition marked with an asterix is also included in the Ministerial Development
Regulations. Where there is a conflict, the Ministerial Regulations prevails.
ACCESS* means a way used or intended to be used by vehicles, pedestrians or animals in order
to go from a street to adjacent or nearby land or to go from that land to the street.
ACCESSORY BUILDING* includes:
(i)
a detached subordinate building not used as a dwelling, located on the same lot as the main
building to which it is an accessory which has a use that is customarily incidental or
complementary to the main use of the building or land,
(ii)
for the case of 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)
in the case of industrial uses, garages, offices, raised ramps and docks.
ACCESSORY USE* means the use that is subsidiary to a permitted or discretionary use and that
is customarily expected to occur with the permitted or discretionary use.
ACT*, unless the context indicates otherwise, means the Urban and Rural Planning Act 2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part for the
purposes of advertisement, announcement or direction; excluding such things employed wholly as
a memorial, or functional advertisement of Councils, or other local authorities, public utilities and
public transport undertakers, and including any boarding or similar structure used or adapted for
use for the display of advertisements.
AGRICULTURE means horticulture, fruit growing, grain growing, seed growing, dairy farming,
the breeding or rearing of livestock, including any creature kept for the production of food, wool,
skins, or fur, or for the purpose of its use in the farming of land, the use of land as grazing land,
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meadow land, osier land, market gardens and nursery grounds and the use of land for woodlands
where that use is ancillary to the farming of land for any other purpose. "Agricultural" shall be
construed accordingly.
AMUSEMENT USE means the use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pinball games and slot
machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
1 cow (including calf);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on
453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
APARTMENT BUILDING means a building containing three or more dwelling units, but does
not include a row dwelling.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT* means a person who has applied to an authority for an approval or permit to carry
out a development.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic
arteries of the area and defined as arterial streets or highways in the Municipal Plan or on the
Zoning Map.
AUTHORITY* means a council, authorized administrator or regional authority.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment for paid
temporary accommodation for up to sixteen (16) overnight guests that may include a dining room
for the use of overnight guests and their invitees. The establishment must be registered with and
receive a rating from Canada Select and also must be approved by the Provincial Department of
Tourism, Culture and Recreation as a Bed and Breakfast operation.
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BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to persons
other than the immediate family of the owner or tenant.
BUILDING means
(i)
a structure, erection, alteration or improvement placed on, over or under land or
attached, anchored or moored to land,
(ii)
mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar uses,
(iii)
a part of and fixtures on buildings referred to in subparagraphs (i) and (ii), and
(iv)
an excavation of land whether or not that excavation is associated with the intended
or actual construction of a building or thing referred to in subparagraphs (i) to (ii).
BUILDING HEIGHT* means the vertical distance, measured in metres, from the established
grade to:
(i)
the highest point of the roof surface of a flat roof,
(ii)
the deck line of a mansard roof, and
(iii)
the mean height level between eave and ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof.
BUILDING LINE* means a line established by an authority that runs parallel to a street line and
is set at the closest point to a street that building may be placed.
CAMPGROUND means the use of land for the accommodation of travel trailers, recreational
vehicles, and/or tents.
COLLECTOR STREET means a street that is designed to link local streets with arterial streets
and which is designated as a collector street in the Municipal Plan, or on the Zoning Map.
DAYCARE CENTRE or DAY NURSERY means a building or part of a building in which
services and activities are regularly provided to children of pre-school age during the full daytime
period as defined under the Day Nurseries Act, but does not include a school as defined by the
Schools Act.
DEVELOPMENT means the carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the use, or the
intensity of use of any land, buildings, or premise and without limiting the generality of the
foregoing, shall specifically include:
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(i)
the making of an access onto a highway, road or way;
(ii)
the erection of an advertisement or sign;
(iii)
the parking of a trailer, or vehicle of any description used for the sale of
refreshments or merchandise, or as an office, or for living accommodation, for any
period of time;
and shall exclude:
(iv)
the carrying out of works for the maintenance, improvement or other alteration or
any 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;
(v)
the carrying out by a highway authority of any works required for the maintenance
or improvement of a road, being works carried out on land within the boundaries of
the road reservation;
(vi)
the carrying out by any local authority or statutory undertakers of any works for the
purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or
other apparatus, including the breaking open of any street or other land for that
purpose;
(vii)
the use of any building or land within the courtyard of a dwelling house for any
purpose incidental to the enjoyment of the dwelling house as such.
DEVELOPMENT REGULATIONS* means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
DIRECTOR means the Director of Urban and Rural Planning.
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.
DOUBLE DWELLING means a building containing two dwelling units, placed one above the
other, or side by side, but does not include a self-contained dwelling containing a subsidiary
apartment.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used
or designed as the living quarters for one household.
ENGINEER means a professional engineer employed or retained by the Authority.
ESTABLISHED GRADE* means,
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(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.
FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no more
than six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this
definition includes, but is not limited to, the facilities called "Group Homes", "Halfway House",
and "Foster Home".
FLOOR AREA* means the total area of all floors 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.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front wall
of the main building on the lot.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking
up, demolishing, or treating any article, commodity or substance. "Industry" shall be construed
accordingly.
GENERAL GARAGE means land or buildings used exclusively for repair, maintenance and
storage of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes involving
the use of materials or processes which because of their inherent characteristics, constitute a
special fire, explosion, radiation or other hazard.
HOME BUSINESS means a secondary use of a dwelling and/or its accessory building by at least
one of the residents of the dwelling to conduct a gainful occupation or business activity.
INSPECTOR means any person appointed and engaged as an Inspector by the Authority or by
any federal or provincial authority or the agent thereof.
INSTITUTION means a building or part thereof occupied or used by persons who:
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(a)
are involuntarily detained, or detained for penal or correctional purposes, or whose
liberty is restricted, or;
(b)
require special care or treatment because of age, mental or physical limitations or
medical conditions.
LAND: includes land covered by water, and buildings and structures on, over, or under the soil
and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY means the use of any land or buildings for any general industrial use that can
be carried out without hazard or intrusion and without detriment to the amenity of the surrounding
area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
LOCAL STREET means a street designed primarily to provide access to adjoining land and
which is not designated as a collector street or arterial street in the Municipal Plan, or on the
Zoning Map.
LODGING HOUSE means a dwelling in which at least 2 rooms are regularly rented to persons
other than the immediate family of the owner or tenant.
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 the 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.
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, together with a club house and catering facilities.
MINERAL EXPLORATION means the activity of searching for minerals or mineral
occurrences, including oil exploration, wherein, for the purposes of these Regulations it takes the
form of development - that is visible and appreciable disturbance to soil.
MINERAL WORKING means land or buildings used for the working or extraction of
construction aggregates.
MINING means land or buildings used for the extraction of ores, salts, oil and/or natural gas.
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MOBILE HOME means a transportable factory-built single 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 Municipal
Codes and;
(b)
which is designed to be:
(i)
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;
(ii)
connected to exterior public utilities approved by the Authority, namely,
piped water, piped sewer, electricity and telephone, in order for such mobile
home unit to be suitable for year round term occupancy.
MOBILE HOME PARK means a mobile home development under single or joint ownership,
cared for and controlled by a mobile home park operator where individual mobile home lots are
rented or leased with or without mobile home units placed on them and where ownership and
responsibility for the maintenance and development of site facilities including underground
services, access roads, communal areas, snowclearing and garbage collection, or any of them, are
the responsibility of the mobile home park management, and where the mobile home development
is classified as a mobile home park by the Authority.
MOBILE HOME SUBDIVISION means a mobile home development requiring the subdivision
of land whether in single or joint ownership into two or more pieces or parcels of land for the
purpose of locating thereon mobile home units under either freehold or leasehold tenure and where
the maintenance of streets and services is the responsibility of a municipality or public authority,
and where the mobile home development is classified as a mobile home subdivision by the
Authority.
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.
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.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
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PROHIBITED USE* means a use that is not listed within the permitted use classes set out in the
use zone tables of an authority's development regulations.
REAR YARD DEPTH* means the distance between the rear lot line and the rear wall of the main
building on the lot.
RESTAURANT means a building or part thereof, designed or intended to be used or occupied for
the purpose of serving the general public with meals or refreshments for consumption on the
premises.
ROW DWELLING means a dwelling containing three or more dwelling units at ground level in
one building, each unit separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
SERVICE STATION means any land or building used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of motor
vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the
purpose of limiting direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary purpose is the
selling or offering for sale of goods, wares or merchandise by retail or the selling or offering for
sale of retail services but does not include an establishment wherein the primary purpose is the
serving of meals or refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated parking
and which is planned, developed and designed as a unit containing a minimum of 5 retail establish-
ments.
SHOWROOM means a building or part of a building in which samples or patterns are displayed
and in which orders may be taken for goods, wares or merchandise, including vehicles and
equipment, for later delivery.
SIDEYARD DEPTH* means the distance between the side lot line and the nearest side wall of a
building on the lot.
SIGN* means a word, letter, model, placard, board, device or representation whether illuminated
or not, in the nature of or employed wholly or in part for the purpose of advertisement,
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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 or 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 any land, whether in single or joint ownership, into two or
more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary
to a self-contained dwelling.
TAKE-OUT FOOD SERVICE means a building in which the primary purpose is the preparation
and sale of meals or refreshments for consumption off the premises.
TAVERN: includes a nightclub and means a building licensed or licensable under the Liquor
Control Act wherein meals and food may be served for consumption on the premises and in which
entertainment may be provided.
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 in Schedule
C of the Regulations relate.
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.
ZONING MAP* means the map or maps attached to and forming part of the Regulations.
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SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
ASSEMBLY USES
Cultural and Civic
Libraries, Museums, Art
Galleries, Court Rooms,
Meeting Rooms, Council
Chambers
ASSEMBLY USES
General Assembly
Community Halls, Lodge
Halls, Dance Halls,
Gymnasia, Auditoria,
Bowling Alleys
ASSEMBLY USES
Educational
Schools, Colleges (non-
residential)
ASSEMBLY USES
Place of Worship
Churches and similar places
of worship, Church Halls
ASSEMBLY USES
Passenger Assembly
Passenger Terminals
ASSEMBLY USES
Club and Lodge
Private Clubs and Lodges
(non-residential)
ASSEMBLY USES
Catering
Restaurants, Bars, Lounges
ASSEMBLY USES
Funeral Home
Funeral Homes and Chapels
ASSEMBLY USES
Child Care
Day Care Centres
ASSEMBLY USES
Amusement
Electronic Games Arcades,
Pinball Parlours, Poolrooms
ASSEMBLY USES
Indoor Assembly
Arenas, Armouries, Ice
Rinks, Indoor Swimming
Pools
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SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Outdoor Assembly
Bleachers, Grandstands,
Outdoor Ice Rinks and
Swimming Pools,
Amusement Parks and
Fair-grounds, Exhibition
Grounds, Drive-in Theatres
ASSEMBLY USES
Campground
Campgrounds, Recreational
Vehicle and Travel Trailer
Campgrounds
INSTITUTIONAL USES
Penal and Correctional
Detention
Jails, Penitentiaries, Police
Stations (with detention
quarters), Prisons,
Psychiatric, Hospitals (with
detention quarters),
Reformatories
INSTITUTIONAL USES
Medical Treatment and
Special Care
Children's Homes,
Convalescent Homes
Homes for Aged, Hospitals,
Infirmaries
RESIDENTIAL USES
Single Dwelling
Single Detached Dwellings,
Family & Group Homes
RESIDENTIAL USES
Double Dwelling
Semi-detached Dwelling,
Duplex Dwellings, Family &
Group Homes
RESIDENTIAL USES
Row Dwelling
Row Houses, Town Houses,
Family & Group Homes
RESIDENTIAL USES
Apartment Building
Apartments, Family & Group
Homes
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SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLE
RESIDENTIAL USES
Collective Residential
Residential Colleges &
Schools, University &
College Halls of Residence,
Convents & Monasteries,
Nurses and Hospital
Residences
RESIDENTIAL USES
Boarding House Residential
and/or Bed and Breakfast
Boarding Houses, Lodging
Houses, Bed and Breakfast
RESIDENTIAL USES
Commercial Residential
Hotels & Motels, Hostels,
Residential Clubs
RESIDENTIAL USES
Seasonal Residential
Summer Homes & Cabins,
Hunting & Fishing Cabins
RESIDENTIAL USES
Mobile Homes
Mobile Homes
BUSINESS & PERSONAL
SERVICE USES
Office
Offices (including
Government Offices), Banks
BUSINESS & PERSONAL
SERVICE USES
Medical and Professional
Medical Offices and
Consulting Rooms,
Dental Offices & Surgeries,
Legal Offices & Similar
Professional Offices
BUSINESS & PERSONAL
SERVICE USES
Personal Service
Barbers, Hairdressers, Beauty
Parlours, Small Appliance
Repairs
BUSINESS & PERSONAL
SERVICE USES
General Service
Self-service Laundries, Dry
Cleaners (not using
flammable or explosive
substances), Small Tool and
Appliance Rentals, Travel
Agents
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SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
BUSINESS & PERSONAL
SERVICE USES
Communications
Radio Stations, Telephone
Exchanges
BUSINESS & PERSONAL
SERVICE USES
Police Station
Police Stations without
detention quarters
BUSINESS & PERSONAL
SERVICE USES
Taxi Stand
Taxi Stands
BUSINESS & PERSONAL
SERVICE USES
Take-out Food Service
Take-out Food Service
BUSINESS & PERSONAL
SERVICE USES
Veterinary
Veterinary Surgeries
MERCANTILE USES
Shopping Centre
Shopping Centres
MERCANTILE USES
Shop
Retail Shops and Stores and
Showrooms, Department
Stores
MERCANTILE USES
Indoor Market
Market Halls, Auction Halls
MERCANTILE USES
Outdoor Market
Market Grounds, Animal
Markets, Produce and Fruit
Stands, Fish Stalls
MERCANTILE USES
Convenience Store
Confectionary Stores, Corner
Stores, Gift Shops, Specialty
Shops
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SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
INDUSTRIAL USES
Hazardous Industry
Bulk Storage of hazardous
liquids and substances,
Chemical Plants, Distilleries
Feed Mills, & Lacquer,
Mattress, Paint, Varnish, and
Rubber Factories, Spray
Painting
INDUSTRIAL USES
General Industry
Factories, Cold Storage
Plants, Freight Depots
General Garages,
Warehouses, Workshops,
Laboratories, Laundries,
Planing Mills, Printing Plants,
Contractors' Yards
INDUSTRIAL USES
Service Station
Gasoline Service Stations,
Gas Bars
INDUSTRIAL USES
Light Industry
Light Industry, Parking
Garages, Indoor Storage,
Warehouses, Workshops
NON-BUILDING USES
Agriculture
Commercial Farms, Hobby
Farms, Market Gardens &
Nurseries
NON-BUILDING USES
Forestry
Tree Nurseries, Silviculture
NON-BUILDING USES
Mineral Working
Quarries, Pits, Mineral
Exploration
NON-BUILDING USES
Mining
Mining, Oil Wells
NON-BUILDING USES
Windmill and Wind
Turbine
Windmills and wind
turbines
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SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
NON-BUILDING USES
Recreational Open Space
Playing Fields, Sports
Grounds, Parks, Playgrounds
NON-BUILDING USES
Conservation
Watersheds, Buffer Strips,
Flood Plains, Architectural,
Historical and Scenic Sites,
Steep Slopes, Wildlife
Sanctuaries
NON-BUILDING USES
Cemetery
Cemeteries, Graveyards
NON-BUILDING USES
Scrap Yard
Car Wrecking Yards, Junk
Yards, Scrap Dealers
NON-BUILDING USES
Solid Waste
Solid Waste Disposal,
Sanitary Land Fill
Incinerators
NON-BUILDING USES
Animal
Animal Pounds, Kennels,
Zoos
NON-BUILDING USES
Antenna
TV, Radio and
Communications
Transmitting and Receiving
Masts
and Antennae
NON-BUILDING USES
Transportation
Airfields, Docks and
Harbours
NON-BUILDING USES
Marina
Marina, Yacht Club, Boating
Club, Boat House, Fishing
Stage
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SCHEDULE C
USE ZONE TABLES
NOTE:
This schedule contains tables showing the use classes which may be permitted or
which may be treated as discretionary use classes for the purpose of these
Regulations. The tables also indicate the required standards of development and
may also include conditions affecting some or all of the use classes.
The schedule contains tables for the following Use Zones:
Residential
Residential Seasonal
Mixed Development
Recreational Open Space
Rural Resource
Mineral Working
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USE ZONE TABLE
RESIDENTIAL (R) ZONE
ZONE TITLERESIDENTIAL (R)
(Colliers)
PERMITTED USE CLASSES - (see Regulation 89)
Conservation, double dwelling, mobile home, public utility, recreational open space, single dwelling
and antenna.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 90)
Apartment building, boarding house, boarding house (bed and breakfast), business and personal services uses
group (home business) child care, educational, light industry (home business), marina, mineral exploration,
outdoor market, place of worship, row dwelling, windmill and wind turbine, shop and convenience store.
STANDARDS
WHERE PERMITTED
Single
Dwelling
Double
Dwelling
Row
Dwelling
APARTMENT
BUILDING
Lot area (m²) minimum
Municipal Water Supply
1380*
1800*
2200*
2200*
Frontage (m) minimum
Municipal Water Supply
23
23
12
(average per unit)
36
Lot area (m²) minimum
No Municipal Services
1860*
2400*
2800*
2800*
Frontage (m) minimum
No Municipal Services
30
30
30
30
Building Line Setback (m)
(minimum)
8
8
10
10
Sideyard Width (m)
(minimum)
2
2
2
5
Rearyard Depth (m)
(minimum)
6
6
6
6
Lot Coverage (%) maximum
33
33
33
33
NOTES: * Minimum Lot Area as set out or as determined by the Department of Government Services and Lands,
whichever is greater.
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CONDITIONS FOR THE RESIDENTIAL ZONE
1.
Accesses and Service Streets (see Regulation 28)
2.
Accessory Buildings
1)
See Regulation 29.
2)
Exclusive of cold frames, decks, gazebo's, greenhouses, swimming pools and
temporary repair shelters, accessory buildings shall have a lot coverage no greater
than 7 percent of the lot area, up to a maximum of 75 square metres, and a height of
no more than 5 metres.
3)
Accessory buildings must be similar in appearance to the main building in terms of
design, colour and materials.
4)
Accessory buildings shall not be closer the front lot line than the main building, 1 m
to the side lot line, and 1.5 m to rear lot line.
5)
An open or partially enclosed deck attached to the dwelling shall not extend into the
minimum permissible front and side yards, and shall not be closer to the rear lot line
than 1.5 m.
(a) See General Regulation 29.
(b) All accessory buildings shall have a floor area of not more than 100 m2 (1100 sq ft)
(c) An accessory building shall not project in front of a building line or in the
flanking sideyard of a corner lot.
(d) All accessory buildings shall be located on the same lot as the residential dwelling
and shall be clearly incidental and complementary to the main use of the
residential dwelling in character, use, style and exterior finish, and shall be
located so as to minimize any visual impacts on adjoining properties.
(e) The maximum height shall be not more than 6m with a minimum of 1 m from any
property line and 2 m from the nearest corner of a residential dwelling.
(f) Accessory buildings (Private garages only) may be permitted in the sideyard at
Council discretion, but not in the flanking sideyard of a corner lot.
(g) Residential lots may have more than one accessory building provided that the
maximum combined floor area of all buildings shall not be greater than the
maximum area as set out in the General Development Regulations and this Land
Use Zone Table.
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(h) Aside from minor vehicle maintenance, no person shall use an accessory building
for the purpose of performing major repairs, painting, dismantling or scrapping
of vehicles or machinery.
DRA-2015-1 and NL Gazette
3.
Accessory Uses (see Regulation 30)
4.
Advertisements (see Regulations 31 to 36)
5.
Archaeological Sites (see Regulation 38)
6.
Bed and Breakfast, Boarding House
Bed and breakfast and boarding house may be permitted as discretionary uses provided:
(a)
The proposed building has an exterior design which is sensitive to the residential
character of the surrounding area and respects the scale and density of adjacent
dwellings; and
(b)
The development is landscaped in a manner compatible with the surrounding
residential area.
7.
Buffers - Designated Trails and Public Open Space (see Regulation 39)
8.
Buffers - Non-Residential (see Regulation 40)
9.
Building Line and Setback (see Regulation 41)
10.
Discretionary Uses
(1)
See Regulation 42.
(2)
Where permitted, a place of worship, an educational use, medical and professional
uses, personal services, convenience store, shop, outdoor market, and light industry
shall conform to the frontage, building line setback, sideyard, rearyard, and lot
coverage specified for a single dwelling.
11.
Environmental Protection (see Regulation 43)
12.
Family and Group Care Centres (see Regulation 44)
13.
Fences (see Regulation 45)
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14.
Highways - Development Near Highways (see Regulation 47)
15.
Home Business (Business and Personal Services Use Group, Light Industry Class)
A Home Business shall only be permitted if:
(a)
the use is clearly subsidiary to a residential use and the primary use of the property
remains residential;
(b)
the use in entirely enclosed within the dwelling and/or the accessory building and
the use does not change the appearance of the dwelling or accessory building;
(c)
the floor area of the Home Business does not exceed fifty (50) percent of the total
floor area of the dwelling;
(d)
no wholesale sales or storage of goods is carried out and any retail sales are
incidental and subsidiary to the approved home business;
(e)
no outdoor activities or storage associated with the use shall be permitted and no
repairs to vehicles or heavy equipment shall be carried out;
(f)
activities associated with the use are not hazardous and do not cause noticeable
noise, odour, dust, fumes, inconvenience or nuisance to adjacent dwellings
because of type of operation, traffic, or hours of operation.
16.
Lot Area, Lot Area, and Size Exceptions (see Regulations 48, 49 and 50)
17.
Marina
A marina shall be limited to a fishing-related or recreational type of facility associated with
a nearby residential use or property.
DRA-2006-2 and NL Gazette
18.
Mineral Exploration (See Regulation 51)
19.
Mineral Working Buffer
No development may be permitted within the buffer of a Mineral Working unless it has
been approved by the Department of Mines and Energy. See also Regulation 52 (1).
20.
Municipal Services - Unserviced Development (see Regulation 53)
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21.
Non-Conforming Uses and Non-Conforming Uses - Discontinuance (see Regulations
54 and 55)
22.
Parking Requirements and Offstreet Loading Requirements (see Regulations 58 and
57)
23.
Parks and Playgrounds, and Conservation Uses (see Regulation 59)
24.
Road Frontage
All use classes except marinas, must front onto an existing public road or a subdivision
road built in conformity with the standards in these Regulations.
25.
Screening and Landscaping (see Regulation 60)
26.
Services and Utilities (see Regulation 61)
26A. Windmills and Wind Turbines
See Regulation 61A.
DRA-2003-1 and NL Gazette
27.
Shop, Convenience Store, Outdoor Market
Shop and outdoor market may be permitted provided:
(a)
the use is not intrusive and is compatible with the surrounding area in terms of
building scale, site design and lay-out, and level of activity;
(b)
impact on adjacent dwellings is minimized through appropriate site design and
provision of appropriate buffers and screening;
(c)
no outdoor storage associated with the use shall be permitted and no repairs to
vehicles or heavy equipment shall be carried out;
(d)
activities associated with the use are not hazardous and do not cause noticeable
noise, odour, dust, fumes, inconvenience or nuisance to adjacent dwellings
because of type of operation, traffic or hours of operation; and
(e)
adequate off-street parking and loading facilities are available on-site.
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28.
Side Yards (see Regulation 63)
29.
Solid Waste Disposal (see Regulation 64)
30.
Street Construction Standards (see Regulation 65)
31.
Subsidiary Apartments (see Regulation 66)
32.
Unsubdivided Land (see Regulation 67)
33.
Waterways - Development in Waterways and Waterways Reservations or Buffers
(see Regulation 68)
34.
Zero Lot Line and Other Comprehensive Development (see Regulation 69)
35.
Subdivision of Land (see Part III - Regulations 70 to 86)
36.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted (see
Part IV - Regulations 87 to 91)
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USE ZONE TABLE
RESIDENTIAL SEASONAL (RS) ZONE
ZONE TITLE
RESIDENTIAL SEASONAL (RS)
(Colliers)
PERMITTED USE CLASSES - (see Regulation 89)
Conservation, public utility, recreational open space, seasonal residential, and antenna.
DISRCRETIONARY USE CLASSES (see Regulation 90)
Mineral exploration and windmill and wind turbine.
DRA-2003-1 and NL Gazette
CONDITIONS FOR THE RESIDENTIAL SEASONAL ZONE
1.
General Development Standards
Lot Area:
As determined by the Department of Government of
Services and Lands or 1860 m2, whichever is greater.
Lot Frontage:
As determined by the Department of Government of
Services and Lands or 30 metres, whichever is greater.
Building Line:
The minimum setback from a public road shall be 10 metres.
Sideyards:
5 metres minimum.
Rearyard:
10 metres minimum.
2.
Accesses and Service Streets (see Regulation 28)
3.
Accessory Buildings
(1)
See Regulation 29
(2)
Exclusive of cold frames, decks, gazebo's, greenhouses, swimming pools and
temporary repair shelters, accessory buildings shall have a lot coverage no greater
than 7 percent of the lot area, up to a maximum of 60 square metres, and a height
of no more than 5 metres.
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(3)
Accessory buildings must be similar in appearance to the main building in terms of
design, colour and materials.
(4)
Accessory buildings shall not be closer the front lot line than the main building, 1 m
to the side lot line, and 1.5 m to rear lot line.
(5)
An open or partially enclosed deck attached to the dwelling shall not extend into the
minimum permissible front and side yards, and shall not be closer to the rear lot line
than 1.5 m.
(a) See General Regulation 29.
(b) All accessory buildings shall have a floor area of not more than 100 m2 (1100 sq ft)
(c) An accessory building shall not project in front of a building line or in the
flanking sideyard of a corner lot.
(d) All accessory buildings shall be located on the same lot as the residential dwelling
and shall be clearly incidental and complementary to the main use of the
residential dwelling in character, use, style and exterior finish, and shall be
located so as to minimize any visual impacts on adjoining properties.
(e) The maximum height shall be not more than 6m with a minimum of 1 m from any
property line and 2 m from the nearest corner of a residential dwelling.
(f) Accessory buildings (Private garages only) may be permitted in the sideyard at
Council discretion, but not in the flanking sideyard of a corner lot.
(g) Residential lots may have more than one accessory building provided that the
maximum combined floor area of all buildings shall not be greater than the
maximum area as set out in the General Development Regulations and this Land
Use Zone Table.
(h) Aside from minor vehicle maintenance, no person shall use an accessory building
for the purpose of performing major repairs, painting, dismantling or scrapping
of vehicles or machinery.
DRA-2015-1 and NL Gazette
4.
Advertisements (see Regulations 31 to 36)
5.
Archaeological Sites (see Regulation 38)
6.
Buffers - Designated Trails and Public Open Space (see Regulation 39)
7.
Building Line and Setback (see Regulation 41)
8.
Environmental Protection (see Regulation 43)
9.
Fences (see Regulation 45)
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10.
Lot Area, Lot Area, and Size Exceptions (see Regulations 48, 49 and 50)
11.
Mineral Exploration (see Regulation 51)
12.
Mineral Working Buffer
No development may be permitted within the buffer of a Mineral Working unless it has
been approved by the Department of Mines and Energy. See also Regulation 52(1).
13.
Municipal Services - Unserviced Development (see Regulation 53)
14.
Non-Conforming Uses and Non-Conforming Uses - Discontinuance (see Regulations
54 and 55)
15.
Parking Requirements and Offstreet Loading Requirements (see Regulations 58 and
57)
16.
Parks and Playgrounds, and Conservation Uses (see Regulation 59)
17.
Screening and Landscaping (see Regulation 60)
18.
Services and Utilities (see Regulation 61)
18A. Windmills and Wind Turbines
See Regulation 61A.
DRA-2003-1 and NL Gazette
19.
Side Yards (see Regulation 63)
20.
Solid Waste Disposal (see Regulation 64)
21.
Street Construction Standards (see Regulation 65)
22.
Unsubdivided Land (see Regulation 67)
23.
Waterways - Development in Waterways and Waterways Reservations or Buffers
(see Regulation 68)
24.
Zero Lot Line and Other Comprehensive Development (see Regulation 69)
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25.
Subdivision of Land (see Part III - Regulations 70 to 86)
26.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted (see
Part IV - Regulations 87 to 91)
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USE ZONE TABLE
MIXED DEVELOPMENT (MD) ZONE
ZONE TITLE
MIXED DEVELOPMENT (MD)
(Colliers)
PERMITTED USE CLASSES - (see Regulation 89)
Apartment building, boarding house, conservation, double dwelling, mobile home, public
utility, recreational open space, row dwelling, single dwelling, and antenna.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 90)
All use classes in the business and personal service use group, business and personal services
uses group (home business), boarding house (bed and breakfast) catering, child care,
collective residential, commercial residential, cultural and civic, windmill and wind turbine,
educational, funeral home, general assembly, general industry, indoor assembly, light
industry, light industry (home business), marina, medical treatment and special care, all use
classes in the mercantile group except shopping centre, mineral exploration, outdoor assembly,
place of worship, service station, take-out food service, and theatre.
DRA-2003-1 and NL Gazette
CONDITIONS FOR THE MIXED DEVELOPMENT ZONE
1.
Development Standards
(a)
The development standards for this zone shall be as follows:
(i)
Minimum Building Line Setback
8 metres
(ii)
Minimum Sideyard Width
5 metres
(iii)
Minimum Rearyard Depth
10 metres
(iv)
Maximum Height
10 metres
(b)
Residential development shall conform to the standards of the Residential zone.
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2.
Accesses and Service Streets (see Regulation 28)
3.
Accessory Buildings
(1)
See Regulation 29.
(2)
Exclusive of cold frames, decks, gazebo's, greenhouses, swimming pools and
temporary repair shelters, accessory buildings shall have a lot coverage no greater
than 7 percent of the lot area, up to a maximum of 75 square metres, and a height of
no more than 5 metres.
(3)
Accessory buildings must be similar in appearance to the main building in terms of
design, colour and materials.
(4)
Accessory buildings shall not be closer the front lot line than the main building, 1 m
to the side lot line, and 1.5 m to rear lot line.
(5)
An open or partially enclosed deck attached to the dwelling shall not extend into the
minimum permissible front and side yards, and shall not be closer to the rear lot line
than 1.5 m.
(a) See General Regulation 29.
(b) All accessory buildings shall have a floor area of not more than 100 m2 (1100 sq ft)
(c) An accessory building shall not project in front of a building line or in the
flanking sideyard of a corner lot.
(d) All accessory buildings shall be located on the same lot as the residential dwelling
and shall be clearly incidental and complementary to the main use of the
residential dwelling in character, use, style and exterior finish, and shall be
located so as to minimize any visual impacts on adjoining properties.
(e) The maximum height shall be not more than 6m with a minimum of 1 m from any
property line and 2 m from the nearest corner of a residential dwelling.
(f) Accessory buildings (Private garages only) may be permitted in the sideyard at
Council discretion, but not in the flanking sideyard of a corner lot.
(g) Residential lots may have more than one accessory building provided that the
maximum combined floor area of all buildings shall not be greater than the
maximum area as set out in the General Development Regulations and this Land
Use Zone Table.
(h) Aside from minor vehicle maintenance, no person shall use an accessory building
for the purpose of performing major repairs, painting, dismantling or scrapping
of vehicles or machinery.
DRA-2015-1 and NL Gazette
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4.
Accessory Uses (see Regulation 30)
5.
Advertisements (see Regulations 31 to 36)
6.
Archaeological Sites (see Regulation 38)
7.
Bed and Breakfast, Boarding House
Bed and breakfast and boarding house may be permitted provided:
(a)
the proposed building has an exterior design which is sensitive to the residential
character of the surrounding area and respects the scale and density of adjacent
dwellings; and
(b)
the development is landscaped in a manner compatible with the surrounding
residential area.
8.
Buffers - Designated Trails and Public Open Space (see Regulation 39)
9.
Buffers - Non-Residential (see Regulation 40)
10.
Building Line and Setback (see Regulation 41)
11.
Discretionary Uses
(1)
See Regulation 42.
(2)
Non residential discretionary uses may be permitted provided:
(a)
The use is not intrusive and is compatible with the surrounding area in terms
of building scale, site design and lay-out, and level of activity;
(b)
Impact on adjacent dwellings is minimized through appropriate site design
and provision of appropriate buffers and screening;
(c)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust, fumes, inconvenience or nuisance to
adjacent dwellings because of type of operation, traffic or hours of
operation.
12.
Environmental Protection (see Regulation 43)
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13.
Family and Group Care Centres (see Regulation 44)
14.
Fences (see Regulation 45)
15.
Highways - Development Near Highways (see Regulation 47)
16.
Home Business (Business and Personal Services Use Group, Light Industry)
A Home Business shall only be permitted if:
(a)
the use is clearly subsidiary to a residential use and the primary use of the property
remains residential;
(b)
the use in entirely enclosed within the dwelling and/or the accessory building and
the use does not change the appearance of the dwelling or accessory building;
(c)
the floor area of the Home Business does not exceed fifty (50) percent of the total
floor area of the dwelling;
(d)
no wholesale sales or storage of goods is carried out and any retail sales are
incidental and subsidiary to the approved home business;
(e)
no outdoor activities or storage associated with the use shall be permitted and no
repairs to vehicles or heavy equipment shall be carried out;
(f)
activities associated with the use are not hazardous and do not cause noticeable
noise, odour, dust, fumes, inconvenience or nuisance to adjacent dwellings
because of type of operation, traffic, or hours of operation.
17.
Landscaping and Surfacing
Non-residential lots shall be landscaped and provided with a stable surface to prevent
raising or movement of dust, clay, mud or loose particles.
18.
Lot Area, Lot Area, and Size Exceptions (see Regulations 48, 49 and 50)
19.
Mineral Exploration (see Regulation 51)
20.
Mineral Working Buffer
No development may be permitted within the buffer of a Mineral Working unless it has
been approved by the Department of Mines and Energy. See also Regulation
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21.
Municipal Services - Unserviced Development (see Regulation 53)
22.
Non-Conforming Uses and Non-Conforming Uses - Discontinuance (see Regulations
54 and 55)
23.
Outdoor Storage
The Authority may permit open storage of materials, goods and machinery associated with
a discretionary use provided:
(a)
the open storage occupies not more than 50 percent of the site area;
(b)
the open storage is not located in the front yard or in the required side and rear
sideyards; and
(c)
the Authority may require open storage to be fenced or screened.
24.
Parking Requirements and Offstreet Loading Requirements (see Regulations 58 and
57)
25.
Parks and Playgrounds, and Conservation Uses (see Regulation 59)
26.
Road Frontage
All use classes, except for marinas, must front onto an existing public road or a subdivision
road built in conformity with the standards in these Regulations.
27.
Screening and Landscaping (see Regulation 60)
28.
Service Stations (see Regulation 62)
29.
Services and Utilities (see Regulation 61)
29A. Windmills and Wind Turbines
See Regulation 61A.
DRA-2003-1 and NL Gazette
30.
Side Yards (see Regulation 63)
31.
Solid Waste Disposal (see Regulation 64)
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32.
Street Construction Standards (see Regulation 65)
33.
Subsidiary Apartments (see Regulation 66)
34.
Unsubdivided Land (see Regulation 67)
35.
Waterways - Development in Waterways and Waterways Reservations or Buffers
(see Regulation 68)
36.
Zero Lot Line and Other Comprehensive Development (see Regulation 69)
37.
Subdivision of Land (see Part III - Regulations 70 to 86)
38.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted (see
Part IV - Regulations 87 to 91
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USE ZONE TABLE
RECREATIONAL OPEN SPACE (ROS) ZONE
ZONE TITLE
RECREATIONAL OPEN SPACE (ROS)
(Colliers)
PERMITTED USE CLASSES - (see Regulation 89)
Conservation, general assembly, indoor assembly, outdoor assembly, public utility, recreational
open space, and antenna.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 90)
Campground, windmill and wind turbine and Mineral Exploration.
DRA-2003-1 and NL Gazette
CONDITIONS FOR THE RECREATIONAL OPEN SPACE ZONE
1.
Development Standards
The development standards for this zone are as determined by the Authority and the
Department of Government Services and Lands.
2.
Accesses and Service Streets (see Regulation 28)
3.
Accessory Buildings (see Regulation 29)
4.
Accessory Uses (see Regulation 30)
5.
Advertisements (see Regulations 31 to 36)
6.
Archaeological Sites (see Regulation 38)
7.
Buffers - Designated Trails and Public Open Space (see Regulation 39)
8.
Buffers - Non-Residential (see Regulation 40)
9.
Building Line and Setback (see Regulation 41)
10.
Discretionary Uses - Campground
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(1)
See Regulation 42.
(2)
A campground may be permitted provided:
(a)
The use is not intrusive and is compatible with the surrounding area in terms
of building scale, site design and lay-out, and level of activity;
(b)
Impact on adjacent dwellings is minimized through appropriate site design
and provision of appropriate buffers and screening;
(c)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust, fumes, inconvenience or nuisance to
adjacent dwellings because of type of operation, traffic or hours of
operation.
11.
Environmental Protection (see Regulation 43)
12.
Fences (see Regulation 45)
13.
Highways - Development Near Highways (see Regulation 47)
14.
Mineral Exploration (see Regulation 51)
15.
Non-Conforming Uses and Non-Conforming Uses - Discontinuance (see Regulations
54 and 55)
16.
Parking Requirements and Offstreet Loading Requirements (see Regulations 58 and
57)
17.
Parks and Playgrounds, and Conservation Uses (see Regulation 59)
18.
Services and Utilities (see Regulation 61)
18A. Windmills and Wind Turbines
See Regulation 61A.
DRA-2003-1 and NL Gazette
19.
Side Yards (see Regulation 63)
20.
Solid Waste Disposal (see Regulation 64)
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21.
Waterways - Development in Waterways and Waterways Reservations or Buffers
(see Regulation 68)
22.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted (see
Part IV - Regulations 87 to 91)
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USE ZONE TABLE
RURAL RESOURCE (RR) ZONE
ZONE TITLE
RURAL RESOURCE (RR)
(Colliers)
PERMITTED USE CLASSES - (see Regulation 89)
Agriculture, agriculture (blueberry management area), cemetery, conservation, forestry
(domestic cutting area, silviculture area), mineral exploration, public utility, recreational open
space, and antenna.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 90)
Campground, mineral working outdoor assembly, outdoor market, scrap yard, windmill and
wind turbine, and single dwelling.
DRA-2003-1 and NL Gazette
CONDITIONS FOR THE RURAL RESOURCE ZONE
1.
General Development Standards
The minimum lot area, frontage and front, rear and sideyards shall be as determined by the
Authority, subject to the approval of the Department of Government Services and Lands,
and where applicable, the Department of Forest Resources and Agrifoods, and the
Department of Works, Services and Transportation.
2.
Accesses and Service Streets (see Regulation 28)
3.
Accessory Buildings (see Regulation 29)
4.
Accessory Uses (see Regulation 30)
5.
Advertisements (see Regulations 31 to 36)
6.
Agriculture and Farming (see Regulation 37)
7.
Archaeological Sites (see Regulation 38)
8.
Buffers - Designated Trails and Public Open Space (see Regulation 39)
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9.
Buffers - Non-Residential (see Regulation 40)
10.
Building Line and Setback (see Regulation 41)
11.
Discretionary Use Classes (see Regulation 42
12.
Environmental Protection (see Regulation 43)
13.
Fences (see Regulation 45)
14.
Forestry (see Regulation 46)
15.
Highways - Development Near Highways (see Regulation 47)
16.
Lot Area, Lot Area, and Size Exceptions (see Regulations 48, 49 and 50)
17.
Mineral Exploration (see Regulation 51)
18.
Mineral Working (see Regulation 52)
19.
Municipal Services - Unserviced Development (see Regulation 53)
20.
Non-Conforming Uses and Non-Conforming Uses - Discontinuance (see Regulations
54 and 55)
21.
Offensive and Dangerous Uses (see Regulation 56)
22.
Parking Requirements and Offstreet Loading Requirements (see Regulations 58 and
57)
23.
Parks and Playgrounds, and Conservation Uses (see Regulation 59)
25.
Screening and Landscaping (see Regulation 60)
26.
Services and Utilities (see Regulation 61)
26A. Windmills and Wind Turbines
See Regulation 61A.
DRA-2003-1 and NL Gazette
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27.
Side Yards (see Regulation 63)
28. Single Dwelling
A single dwelling may be permitted only as accessory to a permitted use after two (2) years
in operation. Such dwellings shall be subject to the review and approval of the
Government Service Centre, Department of Government Services and Lands, to ensure the
safe installation and long-term operation of an on-site septic system and private well.
29.
Solid Waste Disposal Site and Scrap Yard (see Regulation 64)
30.
Street Construction Standards (see Regulation 65)
31.
Three Island Pond
The Authority shall submit any application for new development, excluding accessory
buildings, fences, repairs and extensions, within 150 metres of the shoreline of Three
Island Pond to the Water Resources Division, Department of Environment and Labour for
a report on the likely impact of the development on water quality and quantity in Three
Island Pond prior to the issuance of a permit. No development deemed by this report to
affect water quality and/or quantity shall be permitted within 150 metres of the shoreline of
Three Island Pond.
32.
Unsubdivided Land (see Regulation 67)
33.
Waterways - Development in Waterways and Waterways Reservations or Buffers
(see Regulation 68)
34.
Subdivision of Land (see Part III - Regulations 70 to 86)
35.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted (see
Part IV - Regulations 87 to 91
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Town of Colliers
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USE ZONE TABLE
MINERAL WORKING (MW) ZONE
ZONE TITLE
MINERAL WORKING (MW)
(Colliers)
PERMITTED USE CLASSES - (see Regulation 89)
Mineral working, mineral exploration, conservation, public utility, and antenna.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 90)
Windmill and wind turbine
DRA-2003-1 and NL Gazette
CONDITIONS FOR THE MINERAL WORKING ZONE
1.
General Development Standards
As determined by the Town in consultation with the relevant provincial and federal
agencies.
2.
Accesses and Service Streets (see Regulation 28)
3.
Accessory Buildings (see Regulation 29)
4.
Accessory Uses (see Regulation 30)
5.
Advertisements (see Regulations 31 to 36)
6.
Archaeological Sites (see Regulation 38)
7.
Buffers - Non-Residential (see Regulation 40)
8.
Building Line and Setback (see Regulation 41)
9.
Environmental Protection (see Regulation 43)
10.
Fences (see Regulation 45)
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11.
Mineral Exploration (see Regulation 51)
12.
Mineral Working (see Regulation 52)
13.
Non-Conforming Uses and Non-Conforming Uses - Discontinuance (see Regulations
54 and 55)
14.
Offensive and Dangerous Uses (see Regulation 56)
15.
Parking Requirements and Offstreet Loading Requirements (see Regulations 58 and
57)
16.
Screening and Landscaping (see Regulation 60)
17.
Services and Utilities (see Regulation 61)
17A. Windmills and Wind Turbines
See Regulation 61A.
DRA-2003-1 and NL Gazette
18.
Waterways - Development in Waterways and Waterways Reservations or Buffers
(see Regulation 68)
19.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted (see
Part IV - Regulations 87 to 91)
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USE ZONE TABLE
WELL-HEAD PROTECTION AREA (WPA) ZONE
CONDITIONS FOR THE WELL-HEAD PROTECTION AREA
(1) Notwithstanding the use zone, within a Well-Head Protection Area any development
except renovations to an existing structure, fences and minor landscaping shall be
referred to the Department of Environment and Conservation for approval before a
permit is issued by the Town.
(2) Notwithstanding the use zone, within the Well-Head Protection Area, the following
chemicals/activities are prohibited:
a. storage of petroleum fuels in excess of 25 L;
b. storage of petroleum solvents in excess of 10 L;
c. storage of chlorinated solvents in excess of 10 L;
d. storage of pesticides and preservatives in excess of 10 L;
e. new sewerage systems;
f. manure storage;
g. manure application;
h. mining and aggregate removal;
i. inorganic fertilizers (no bulk storage);
j. forestry (salvage cutting permitted);
k. sawmill operations;
l. groundwater extraction (non-private wells);
m. groundwater heat pumps;
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n. road salt (no bulk storage);
o. waste disposal.
DRA-2006-2 and NL Gazette
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SCHEDULE D
OFF-STREET PARKING REQUIREMENTS
1.
The offstreet parking requirements for uses in the various use classes set out in
Schedule B shall be as set out in the following table, except as otherwise set out in
Schedule C.
2.
In the case of developments including uses in more than one use class, these stand-
ards shall be regarded as cumulative.
3.
Adequate offstreet provision for drop-off and pick-up of persons shall be provided
in developments where required, such as uses within the educations, passenger
assembly, child care, medical treatment and special care, commercial residential
and take-out food service use classes.
CLASS
MINIMUM OFF-STREET PARKING
REQUIREMENT
Theatre
One space for every 5 seats.
Cultural and Civic
One space for every 50 square metres of gross
floor areas.
General Assembly
One space for every 10 square metres of gross
floor area.
Educational
Schools - 2 spaces for every class-room.
Further education - 1 space for every 5 persons
using the facilities (students, faculty and staff).
Place of Worship
One space for every 5 seats.
Passenger Assembly
As specified by the Authority.
Club and Lodge
One space for every 3 persons that may be
accommodated at one time.
Catering
One space for every 3 customers that may be
accommodated at one time.
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CLASS
MINIMUM OFF-STREET PARKING
REQUIREMENT
Funeral Home
.One space for every 10 square metres of gross
floor area.
Child Care
One space for every 20 square metres of gross
floor area
Amusement
One space for every 10 square metres of gross
floor area.
Indoor Assembly
One space for every 10 spectators that may be
accommodated at one time.
Outdoor Assembly
As specified by the Authority.
Campground
As specified by the Authority.
Penal and Correctional Detention
As specified by the Authority.
Medical Treatment and Special Care
One space per 20 m2 of suite or ward area.
Single Dwelling
Two spaces for every dwelling unit.
Double Dwelling
Two spaces for every dwelling unit.
Row Dwelling
Two spaces for every dwelling unit.
Apartment Building
Three spaces for every two dwelling units.
Collective Residential
As specified by the Authority.
Boarding House Residential and/or Bed and
Breakfast
As specified by the Authority.
Commercial Residential
One space for every guest room.
Seasonal Residential
One space per dwelling unit.
Mobile Homes
Two spaces for every dwelling unit.
Office
One space for every 20 m2 of gross floor area.
Medical and Professional
One space for every 20 m2 of gross floor area.
Personal Service
One space for every 20 m2 of gross floor area.
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CLASS
MINIMUM OFF-STREET PARKING
REQUIREMENT
General Service
One space for every 20 m2 of gross floor area.
Communications
As specified by the Authority.
Police Station
As specified by the Authority.
Taxi Stand
As specified by the Authority.
Take-out Food Service
One space for every 20 m2 of gross floor area.
Veterinary
One space for every 20 m2 of gross floor area.
Shopping Centre
One space for every 15 m2 of gross floor area.
Shop
One space for every 20 m2 of gross floor area.
Indoor Market
As specified by the Authority.
Outdoor Market
As specified by the Authority.
Convenience Store
One space for every 20 m2 of gross floor area.
Hazardous Industry
As specified by the Authority, but not less than
one space per 100 m2 of gross floor area or 10
parking spaces, whichever is greater.
General Industry
As specified by the Authority, but not less than
one space per 100 m2 of gross floor area or 10
parking spaces, whichever is greater.
Service Station
One space for every 20 m2 of gross floor area.
Light Industry
As specified by the Authority, but not less than
one space per 50 m2 of gross floor area or 5
parking spaces, whichever is greater.
Agriculture
Not specified.
Forestry
Not specified.
Mineral Working
Not specified.
Mining
Not specified.
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CLASS
MINIMUM OFFSTREET PARKING
REQUIREMENTS
Recreational Open Space
Not specified.
Conservation
Not specified.
Cemetery
Not specified.
Scrap Yard
Not specified.
Solid Waste
Not specified.
Animal
Not specified.
Antenna
Not specified.
Transportation
As determined by the Authority, taking into
consideration associated uses, such as boat
repairs, and other facilities and services.
Marina
As determined by the Authority, taking into
consideration associated uses, such as boat
repairs, and other facilities and services.