Town of Come By Chance Development Regulations
Come By Chance, Newfoundland and Labrador
· adopted 2003-01-10
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TOWN OF COME BY CHANCE
DEVELOPMENT REGULATIONS
Gazetted: January 10, 2003
Consolidation Date: n/a
Amendments: To see if there were any amendments to this document
since it came into effect, please refer to:
List of Amendments
Urban and Rural Planning Act
Resolution to Adopt
Town of Come By Chance
Development Regulations
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town
Council of Come By Chance adopts the Come By Chance Development Regulations.
Adopted by the Town Council of Come By Chance on the 0~ day of , Q:.tobev 2001.
Signed and sealed this
o~ day of Odober
'2001.
Mayor:
Clerk:
Canadian Institute of Planners Certification
I certify that the attached Development Regulations have been prepared in accordance with
the requirements of the Urban and Rural Planning Act 2000.
\
M. Bishop, M.
Urban and Rural Planning Act
Resolution to Approve
Town of Come By Chance
Development Regulations
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning
Act 2000, the Town Council of Come By Chance
a)
adopted the Come By Chance Development Regulations on the O.:l. day of
()dobeY
, 2001
a)
gave notice of the adoption of the Come By Chance Development Regulations by
advertisement, inserted on the :;i~re day and the~qlOday of CC:fober , 2001
in the Po.cKet
newspaper.
c)
set the g+h day of ND\l.
at 1 p.m. at the Town Hall, Come By
Chance, for the holding of a public hearing to consider objections and submissions.
Now under the authority of section 23 of the Urban and Rural Planning Act 2000, the
Town Council of Come By Chance approves the Come By Chance Development Regulations as
adopted
SIGNED AND SEALED this o,:i day of Qc;to be..r
, 200 I.
Mayor:
fl. <2/f-
Clerk:
)st°t'bo~ !cl~_,
Table of Contents
APPLICATION
L Short Title ............................................................. .
2. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
3. Commencement . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
4. Municipal Code and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
5. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
PART I - PROVINCIAL DEVELOPMENT REGULATION
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
PART I I - GENERAL REGULATIONS
1.
Compliance With Regulations ............................................ 1
2.
Permit Required ....................................................... 1
3.
Decisions of the Authority ............................................... 1
4.
Permit to be Issued
............................................ 1
5.
Pennit Not to be Issued in Certain Cases ................................... ; 1
6.
Discretionary Powers of Authority ......................................... 2
7.
Fann of Application .................................................... 2
8.
Register of Application ................................................. 2
9.
Defennent of Application ................................................ 2
10.
Approval in Principle ................................................... 2
11.
Development Permit .................................................... 3
12.
Notice of Application ................................................... 4
13.
Licenses, Pennits and Compliance with Other Bylaws .......................... 4
14.
Right ofEntry ........................................................ 4
15.
Record ofViolations ................................................... 4
16.
Stop Work Order and Prosecution ......................................... 4
17.
Service Levy ......................................................... 4
18.
Financial Guarantees by Developer ......................................... 5
19.
Dedication of Land for Public Use ......................................... 5
20.
Reinstatement of Land .................................................. 5
PART III - GENERAL DEVELOPMENT STANDARDS
21.
Accesses and Service Streets ............................................. 6
22.
Accessory Buildings
.................................................. 6
23.
Accessory Uses Pennitted ............................................... 6
24.
Advertisements ....................................................... 6
25.
Alterations to the Natural Environment ..................................... 6
26.
Archaeological Assessment .............................................. 6
27.
Bed and Breakfast Establishments ......................................... 7
28.
Buffer Strips . . . . . . . . . . . . . . . . ........................................ 7
29.
Building Accessibility .................................................. 7
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
Building Height ....................................................... 7
Building Line and Setback ............................................... 8
Easements and Emergency Access ........................................ 8
Environmental Site Assessment ........................................... 8
Home Childcare Service ................................................ 8
Home Occupations ..................................................... 8
Landscaping .......................................................... 9
Livestock Structures and Uses ............................................ 9
Lot Area ........................................................... 10
Lot Area and Size Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l 0
Lot Frontage ........................................................ 10
Mineral Exploration .................................................. 10
Multiple Uses ........................................................ 11
Municipal Public Works and Utilities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Off-Street Loading Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Offstreet Parking Requirements .......................................... 11
Outdoor Storage ..................................................... 12
Outdoor Swimming Pools .............................................. 12
Parks and Playgrounds, and Conservation Uses .............................. 13
Provincial T'Railway Park .............................................. 13
Satellite Dish Antenna . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Screening and Landscaping
' ' . ' ' ' ... ' ' . ' ' ... ' ... ' ' .... ' . ' ' ' ' .. ' ' .. ' . ' 13
Service Stations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Side Yards .......................................................... 14
Soils and Drainage .................................................... 14
Soil Removal and Deposit and Site Grading ................................. 14
Storage and Screening ofRefuse Containers ................................ 14
Storage ofFlammable Liquids ........................................... 14
Street Classification ................................................... 15
Subsidiary Apartments ................................................. 15
Watercourse Protection ................................................ 15
Water Pressures/Fire Flows ............................................. 15
Unsubdivided Land ................................................... 15
Zero Lot Line and Other Comprehensive Development . . . . . . . . . . . . . . . . . . . . . . . . 15
PART IV - SIGNS
64.
Permit Required ...................................................... 16
65.
Provincial Highway Sign Regulations ....................................... 16
66.
Form of Application ................................................... 16
67.
Advertisements Prohibited in Street Reservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.
68.
Permit Valid for Limited Period .......................................... 16
69.
Removal of Advertisements ............................................. 16
70.
Advertisements Exempt from Control ..................................... 17
71.
Approval Subject to Conditions .......................................... 17
72.
Non-Conforming Uses ................................................. 17
73 .
Signs for Commercial or Industrial Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART V - SUBDIVISION OF LAND
74.
Permit Required ...................................................... 19
75.
Services to be Provided ................................................ 19
76.
Payment of Service Levies and Other Charges ............................... 19
77.
Issue of Permit Subject to Considerations ................................... 19
78.
Proposals for Subdivision of Land . . . . . . . . ............................... 20
79.
Form of Application ................................................... 20
80.
Subdivision Subject to Zoning ........................................... 20
81.
Building Lines ....................................................... 20
82.
Land for Public Open Space ............................................. 20
83.
Structure in Street Reservation ........................................... 21
84.
Subdivision Agreement . . . . . . . . . . ..................................... 21
85.
Subdivision Design Standards ........................................... 21
86.
Engineer to Design Works and Certify Construction Layout ..................... 23
87.
Developer to Pay Engineer's Fees and Charges ............................... 23
88.
Street Works May Be Deferred .......................................... 24
89.
Transfer of Streets and Utilities to Authority ................................ 24
90.
Restriction on Sale of Lots .............................................. 24
PART VI - USE ZONES
91.
UseZones .......................................................... 25
92.
Use Classes ............ , ............................................ 25
93.
Permitted Uses ....................................................... 25
94.
Discretionary Uses .................................................... 25
95.
Prohibited Uses ...................................................... 25
SCHEDULES
SCHEDULE A: Definitions
SCHEDULE B: Classification of Uses of Land and Buildings
SCHEDULE C: Use Zones
SCHEDULE D: Off-Street Parking Requirements
SCHEDULE E: Land Use Zoning Map
1. Short Title
These Regulations may be cited as the Come By Chance Development Regulations.
2. Interpretation
(I)
Words and phrases used in these Regulations shall have the meanings ascribed to them
in Part I and Schedule A of these regulations.
(2)
Words and phrases not defined in these Regulations shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
3. Commencement
These Regulations come into effect throughout the Come By Chance 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. 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
ofland in force in the Town of Come By Chance, shall, under these Regulations apply to the
entire Planning Area.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Come By Chance.
(i)
·.- ... \< :.1; :;!·;,;{:······· . >;. R
····.···.·.·:'.·····\ '. IJBIS.E--
Newfoundland Regulations 3/0 I Development Regulations Underthe Urban and Rural Planning Act.
2000.
. '
Published by Authority
NEWFOUNDLAND 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, 200 I.
I.
2.
3
4.
5.
6.
7.
Short title
Definitions
Application
Interpretation
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
8. Development prohibited
9. Hearing notice and meetings
JO. Hearing of evidence
I I. Board decision
Notice of right to appeal
12. Variances
Appeal requirements
13. Notice of variance
Anneal rt'.:\l'io1;;trntinn
,,
o .... l..ln--:-1 ---
---"'~~-'·
Short 11the
Dcfmit1ons
Appli<.:ation
lntcrpretat1on
Development Regulations
15. Notice and hearings 011
change of usr::
16. Non..,,nformance with
standards
17. Discontinuance of non~
conforming use
l8. Delegation of powers
19. Commencement
3101
\. These regulations may be cited as the Development Regulations.
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 au1hority; and
( d) "development regulations" means these regulations and
regulations and by-laws respecting development that have
been enacted by the relevant au1hority.
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 o1her regulations of an authority, these
regulations shall apply.
(3) Where another Act of the province provides a right of appeal
to the board, 1hese regulations shall apply to that appeal.
4. (I) In development regulations and other regulations made with
respect to a planning area 1he 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
2
Development Regulations
3101
(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, carpons, ramps,
sheds, swimming pools, greenhouses, cold frames, fuel
sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and
docks;
(c) "accessory use" means a use that is subsidiary to a permitted
or discretionary use and that is customarily expected to
occur with the permitted or discretionary use;
(d) "building height" means the vertical distance, measured in
metres from the established grade to the
(i) highest point of the roof surface of a flat roof,
(ii) deck line ofa mansard roof, and
(iii) mean height level between the eave and the ridge of a
gable, hip or gambrel roof,
and in any case, a building height shall not include
mechanical structure, smokestacks, steeples and purely
ornamental structures above a roof;
(e) "building line" means a line established by an authority that
runs parallel to a street line and is set at the closest point to a
street that a building may be placed;
(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,
3
Development Regulations
3101
(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 emb:inkment or entrenchment;
(h) "floor area" means the total area of all floors in a building
measured to the outside face of exterior walls;
(i) "frontage" means the horizontal distance between side lot
lines measured at the building line;
(j) "lot" means a plot, tract or parcel of land which can be
considered as a unit of land for a particular use or building;
(k) "lot area" means the total horizontal area within the lines of
the lot;
(1) "lot coverage" means the combined area of all building on a
lot measured at the level of the lowest floor above the
established grade and expressed as a percentage of the total
area of the lot;
(m) "non-confonning use" means a legally existing use that is
not .listed as a pennitted or discretionary use for the use
zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons
owning or having the legal right to use the land under
consideration;
(o) "pennitted use" means a use that is listed within the
pennitted 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 pennitted use classes or discretionary use classes
4
Development Regulations
3101
or a use that an authority specifies as not pennitted 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 Jot;
(s) "side yard depth" means the distance between the side Jot
line and the nearest side wall of a building on the Jot;
(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 Jot or a
development pennitted 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 JO% 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
fanning a part of the authority's regulations.
(2) An authority may, in its discretion, detennine the uses that
may or may not be developed in a use zone and those uses shall be
s
Notice ar right to
appeal
Appeal
requirements
Development Regu/atiom
3101
listed in the authority's regulations as discretionary, permitted or
prohibited uses for that area.
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.
6. ( l) 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., AIB 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 (I), where the City of Comer
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 (I) 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.
6
Appeal registration
Oc:velopmcnt
prohibited
Hearing notice and
meet108$
Development Regulations
3101
7. (l) Upon receipt of an appeal and fee as required under the Act
and these regulations, the secretary of the board as referred to in
subsections 6(1) and (2), shall immediately register the appeal.
(2) Where an appeal has been registered the secretary of the
board shall notify the appropriate authority of the appeal and shall
provide to the authority a copy of the appeal and the documentation
related to the appeal.
(3) Where an authority has been notified of an appeal that
authority shall forward to the appropriate board a copy of the
application being appealed, all correspondence. council minutes, plans
and other relevant information relating to the appeal including the
names and addresses of the applicant and other interested persons of
whom the authority has knowledge.
(4) Upon receipt of the information under subsection (3), the
secretary of the board shall publish in a newspaper circulated in the
area of the appropriate authority, a notice that the appeal has been
registered.
(5) A notice published under subsection (4) shall be published
not fewer than 2 weeks before the date upon which the appeal is to be
heard by the board.
8. (I) Immediately upon notice of the registration of an appeal the
appropriate authority shall ensure that any development upon the
property that is the subject of the appeal ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting
under subsection (I).
(3) Upon receipt of a notification of the registration of an appeal
with respect to an order under section 102 of the Act, an authority shall
not carry out work related to the matter being appealed.
9. (I) A board shall notify the appellant, applicant, authority and
other persons affected by the subject of an appeal of the date, time and
place for the appeal not fewer than 7 days before the date scheduled for
the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its
work in an expeditious manner.
7
Development Regulations
3101
10. ( l) A board shall meet at a place within the area under its
Hwing or c~dem
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.
Board dccisi011
Variances
Notice of v.manee
(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.
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.
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 I 0%.
(3) An authority shall not permit a variance from development
standards where the proposed development would increase the non
conformity of an existing development.
13. 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.
8
Development Regulations
3101
14. A residential building or structure referred to in paragraph
R,.idontiol non
l 08(3 )(g) of the Act must, where being repaired or rebuilt, be repaired
conformity
or rebuilt in accordance with the plan and development regulations
applicable to that building or structure.
Notou and hearings
15. Where considering a non conforming building, structure or
on"''""' ofu"
development under paragraph l08(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...nfonnance
16. Where a building, structure or development does not meet the
w;th -danls
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.
°'"ontinuance or
17. An authority may make development regulations providing for a
noo~nfomling USC
greater period of time than is provided under subsection I 08(2) of the
Act with respect to the time by which a discontinued non-conforming
use may resume operation.
O.leg-tiooor
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.
c.mmen"'"'"
19. These regulations shall be considered to have come into
force on January I, 2001.
©Earl G. Tucker, Queen's Printer
9
1. Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance with these
Regulations.
2. 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.
3. Decisions of the Authority
Decisions made by the Authority with respect to a permit required by these Regulations shall be
made in writing, and state the reasons for a refusal of, or conditions placed upon, a permit. The
Authority shall also advise the person to whom the decision applies of their right to appeal, in
accordance with Section 42 of the Act and the requirements of Section 5, Part I of these
Regulations.
4. Permit to be Issued
Subject to Regulations 5 and 6, a permit shall be issued for development within the Planning
Area that conforms to:
(1) the general development standards set out in Part III of these Regulations, the
requirements of Part VI of these Regulations, and the use classes, standards, requirem-
ents, and conditions prescribed in Schedule C of these Regulations for the use zone in
which the proposed development is located;
(2) the standards set out in the Building Code and/or other ancillary codes, and any Building
Regulations, Waste Disposal Regulations, and/or any other municipal regulation in force
in the Planning Area regulating or controlling development, conservation and use of land
and buildings;
(3) the standards set out in Part IV of these Regulations in the case of signs;
(4) the standards set out in Part V of these Regulations in the case of subdivision;
(5) the standards of design and appearance established by the Authority.
5.
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.
:A''
'-\".
Part II - General Regulations
6.
Discretionary Powers of Authority
In considering an application for a pennit 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 are, in its opinion,
material, and notwithstanding the confonnity 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.
7.
Form of Application
(1) Applications for a development pennit or for approval in principle shall be
(a) made only by the owner or by a person authorized by the owner to the Authority
(b) made on a form as may be prescribed by the Authority, including such plans,
specifications and drawings as the Authority may require; and
( c) be accompanied by the appropriate fee set out in a Schedule of fees as required by
the Authority.
(2) The Authority shall, on request, supply to every applicant a copy of the application
forms referred to in Regulation 7(1) and a description of the plans, specifications and
drawings required to be provided with the application.
8.
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.
9.
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 detennined by the Authority and on which a decision has not been communicated
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 9( 1 ), shall be
deemed to be refused.
10.
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 development is, subject to the
approval of detailed plans, in compliance with these Regulations.
Part 11 - General Regulations
3
(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.
11.
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 regula-
tions 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 a sign, which may be renewed in accordance with Part
IV of these Regulations.
(5) The approval of any application and plans or drawings or the issue ofa 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 is being
done for which a permit has been issued, a copy of the permit and any plans, drawings
or specifications on which the issue of the permit was based during the whole progress
of the work, or the doing of the matter or thing until completion.
'(
Part II - General Regulations
4
12.
Notice of Application
(I) The Authority shall provide public notice for a period of not less than
(a) 7 days - when considering a variance in accordance with Section 12 of Part I;
(b) 14 days - when considering a change in a non-conforming use in accordance with
Section 15 of Part I; or development which is listed as a Discretionary use in
Schedule C of these Regulations.
(2) Where public notice is required, the costs of that notice shall be borne by the applicant.
13.
Licenses, Permits and Compliance with Other Bylaws
Nothing in these regulations shall exempt any person from complying with the requirements
of any by-law in force within the Town of Come By Chance, or from obtaining any license,
pennission, pennit, authority or approval required by any statute or regulation of the Province
ofNewfoundland and Labrador or the Government of Canada
14. 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.
15.
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.
16.
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 pull down, remove, stop
construction, fill in or destroy that building or development and may order the person
restore the site or area to its original state, pending final adjudication in any prosecution
arising out of the development.
(2) A person who does not comply with an order made under Regulation 16(1) is guilty of
an offence under the provisions of the Act.
17.
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 17(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
Part II - General Regulations
5
(3) A service levy shall be assessed on the real property based on:
(a) the amount of real property benefitted by the public works related to all the real
property so benefitted; and,
(b) the density of development made capable or increased by the public work.
(4) Tue 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.
18.
Financial Guarantees by Developer
(1) Tue Authority may require a developer before commencing a development to make
such financial provisions and/or enter into such agreements as may be required to
guarantee the payment of service levies, ensure site reinstatement, and to enforce the
carrying out of any other condition attached to a permit or licence.
(2) Tue financial provisions pursuant to Regulation 18(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 or irrevocable letter of credit by a bank, or other institution acceptable
to the Minister, 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.
19.
Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 92 Part V, the
Authority may require the dedication of not more than 10% 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 Section 37 of the Act.
20.
Reinstatement of Land
Where the use ofland is discontinued or the intensity ofits 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.
21.
Accesses and Service Streets
Access shall be located to the specification of the Authority so as to ensure the greatest
possible convenience and safety of the street system and the Authority may prescribe the
construction of service streets to reduce the number of accesses to collector and arterial
streets. No vehicular access shall be closer than I 0 metres to the street line of any street
intersection.
22.
Accessory Buildings
(I) Accessory buildings may be located on the same lot as the main building( s) to which
it is accessory; or on a lot adjoining the lot which contains the main building, where
both lots are under the same ownership.
(2) No accessory building or part thereof shall project in front of any building line.
23.
Accessory Uses Permitted
Where these regulations provide for any land to be used, or building to be erected or used for
a purpose, the purpose shall include any accessory use. Such uses shall be clearly incidental
and complementary to the use of the main building, be contained on the same lot and be
balanced with the main building in terms of exterior finish, roof line and pitch.
24.
Advertisements
Advertisements shall not be erected or displayed except in accordance with Part IV of these
Regulations and the Use Zones tables in Schedule C of these regulations.
25.
Alterations to the Natural Environment
Development proposals shall include plans for grading, ditching, and landscaping. Significant
alterations to the natural environment (such as changing the drainage pattern or removing
vegetation) will be considered during the evaluation of development proposals. Alterations
which will adversely affect watercourses or adjacent property as a result of alterations to
watercourses shall not be permitted. Topsoil or sods shall not be removed except with the
approval of Council.
26. Archaeological Assessment
The Authority may require an archaeological assessment for development in any use zone
where archaeological resources are known to exist, or where they are likely to exist based on
location and historical evidence. In such cases, applications for development will be forwarded
to the Historic Resources Division, Department of Tourism, Culture and Recreation, for
review and consideration under the Historic Resources Act.
Part III - General Development Standards
7
27.
Bed and Breakfast Establishments
A Bed and Breakfast establishment, where permitted shall be subject to the following
conditions:
(1) The use is in a single dwelling occupied as a residence by the operator of the business.
(2) No addition or alteration shall be undertaken which changes the roof line; increases the
height of the building; or extends into the front or sideyards of the lot, except for
dormers and/or structures necessary for public safety such as fire escapes.
(3) The nature and scale of the proposed use is consistent with the adjoining development
and the use does not detract from the residential character of the neighbourhood.
( 4) That a minimum of one (1) paved parking space per room, in addition to those required
for the residential use, be provided on the lot.
( 5) A parking area abutting a residential lot shall be appropriately screened by a fence, wall,
or hedge of height not less than one (1) metre and located a minimum distance of 1
metre from the edge of the parking area.
(6) A single non-illuminated free standing sign not exceeding 0.28 square metres in area
and a fascia sign not exceeding 0 .20 square metres in area shall be permitted provided
that the design of the sign is consistent with the residential character and amenity of the
area.
(7) That the use is approved and licenced under the Tourist Establishment Regulations,
1996, of the Provincial Department of Tourism, Recreation and Culture.
28.
Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or proposed
residential area, or is separated from it by a road only, the owner of the site of the industrial
development shall provide a buffer strip not less than ten (10) metres wide between any
residential activity and the industrial area. The buffer shall include the provision of such natural
or structural barrier as may be required by the Authority and shall be maintained by the owner
or occupier to the satisfaction of the Authority
29.
Building Accessibility
All public and institutional buildings shall be constructed in conformity with the Buildings
Accessibility Act and Regulations to ensure accessibility for persons with physical and/or
sensory disabilities.
30.
Building Height
The Authority may permit the erection of buildings of a height greater than that specified in
Schedule C, but in such cases the building line setback and rearyard requirements shall be
varied as follows:
(I) The building line setback shall be increased by 2 metres for every 1 metre increase in
height.
(2) The rearyard shall not be less than the minimum building line setback calculated as
described in ( 1) above plus 6 metres.
Part Ill. General Development Standards
8
31.
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.
32.
Easements and Emergency Access
Where land is required for utility easements or emergency access, such land may be obtained
for the appropriate agency ( eg. Newfoundland Power) in the course of approving subdivision
or other development applications.
33.
Environmental Site Assessment
The Authority may require an environmental site assessment as a condition of approval for
development of lands which were previously used for commercial or industrial purposes.
Where such an assessment indicates the presence ofhazardous materials, no development will
be permitted until a full environmental site assessment has been undertaken and remediation
measures implemented by a furn qualified to perform such work to the satisfaction of the
Department of Environment and Labour and the Authority.
34.
Home Childcare Service
Where permitted by the Town of Come By Chance, Childcare as a Home Occupation shall
conform to the requirements of the Childcare Services Act and Regulations. Where required,
a licence to operate shall be obtained from the Director of Child Care Services, Department
of Health and Community Services_
35.
Home Occupations
(1) The following conditions shall apply to the use of a dwelling for a home occupation:
(a) The residence is occupied by the operator of the Home Occupation;
(b) The use is clearly subsidiary to the residential use, does not alter the residential
character of the property, and does not detract from the residential character of the
neighbourhood. The external appearance of the dwelling shall not be changed by
the home occupation;
(c) There are no more than 2 assistant employees employed on site in addition to a
resident of the dwelling;
(d) Not more than 25 percent of the total floor area of the dwelling to a maximum of
45 m2 is devoted to the home occupation; There is no increase in the Gross Floor
area of the dwelling unit
( e) One off-street parking space, other than that required for the dwelling, is provided
for every 18.5 m2 of floor space occupied by the home occupation;
(f) No wholesale, outdoor storage of goods or equipment is carried out, any retail
sales are incidental and subsidiary to the approved use,
Part III - General Development Standards
9
(g) On-site advertisements shall be non-illuminated with a maximum sign face area of
O .2 square metres and shall meet the requirements of the Authority in terms of
shape and material construction
(h) No change shall be made in the type, class, or extent of the occupation without
apennit
(i) The use shall not generate traffic, parking, sewage or water use in excess of what
is normal in the residential area.
(j) No regular parking of commercial vehicles except for one vehicle with a gross
weight of no greater than one tonne will be pennitted on the lot or on the road
reservation adjacent to the lot.
(k) The residential lot has sufficient area to accommodate the parking requirements of
the dwelling unit and the home occupation.
(2)
Home Occupations in Accessory Buildings
In addition to the requirements set out in Regulation 35(1), a Home Occupation
where pennitted in a building subsidiary to a residential dwelling (i.e. an accessory
building) shall
(a) Be located on the same lot as the residential use;
(b) The business shall be owned and operated by the occupants of the dwelling;
(c) No repairs to vehicles or heavy equipment are carried out;
( d) Activities associated with the use are carried on inside the accessory building,
are not hazardous and do not cause a noticeable increase in noise, odour, dust
or fumes, nor cause electrical interference, or in any other way result in a
nuisance to the occupants of surrounding residences.
36.
Landscaping
All land except that used for customer parking and vehicle access shall be landscaped and
maintained by the owner or occupier to the satisfaction of the Authority.
37,
Livestock Structures and Uses
Where pennitted, no structure designed to contain more than five animal units (See No. 8,
Schedule A: Definitions) shall be erected or used unless it complies with the following
requirements:
( 1) The structure shall be at least 600 m from a residence, (except a farm residence or a
residence which is a non-conforming use in any zone in which agriculture is a pennitted
use class in the Use Zone Tables in Schedule C of these Regulations), and, from an area
designated for residential use in an approved Plan, and, from a Provincial or Federal
Park.
(2) The structure shall be at least 60 m from the boundary of the property on which it is to
be erected.
(3) The structure shall be at least 90 m from the centre line of a street.
(4) The erection of the structure shall be approved by the Department ofForest Resources
and Agrifoods and the Department of Environment & Labour.
Part III - General Development Standards
JO
No development for residential use shall be permitted within 600 m of an existing structure de-
signed to contain more than five animal units unless the development is first approved by the
Department of Forest Resources and Agrifoods.
38.
LotArea
(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.
39.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist
in any residential 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.
40.
Lot Frontage
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 which has been constructed to standards established by
the Authority.
41.
Mineral Exploration
Where permitted, Mineral exploration activities shall meet the following conditions:
( 1) The planned activities do not cause undue noise, significant ground disturbance or risks
to the safety of residents of Come By Chance;
(2) A plan to consult with and inform residents of the activity is submitted and approved
by the Authority.
(3) All permits and approvals from federal and provincial agencies including the
Department of Mines and Energy have been obtained.
( 4) A site rehabilitation plan is submitted and approved by Council for exploration activities
which require trenching and/ or the creation of cutlines through wooded areas, or other
forms of ground disturbance.
(5) A refundable cash deposit of$!000.00 has been made to the Authority which shall be
returned when the rehabilitation work has been completed in accordance with the
development permit and to the satisfaction of the Authority.
Part Ill - General Development Standards
II
42.
Multiple Uses
In any use zone where any land or building is used for more than one use, each use shall be
required to meet the provisions of these regulations. Where there is a conflict such as in the
case oflot size or lot frontage, the higher or more stringent standard shall prevail.
43.
Municipal Public Works and Utilities
The Authority shall ensure that municipal and public utility works such as telephone, water
treatment, pollution control and electric utility facilities are constructed so that no adverse
effect on adjacent land uses is created. In this regard, the size and appearance of such works
shall be in keeping with adjacent uses and buffering, in the form of landscaped areas between
any such works and adjacent uses is required.
44.
Off-Street Loading Requirements
(1) 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 ofloading 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
manoeuver clear of any street and so that it is not necessary for any vehicle to reverse
onto or from a street.
45.
Offstreet 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 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.
Part III - General Development Standards
12
( 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 pennitted
(a) parking space shall mean an area ofland, 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 illwnination 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) no part of any off-street parking area shall be closer than 1.5 m to the front lot
line in any zone;
(f) access to parking areas in non-residential zones shall not be by way of
residential zones;
(g) where a parking area is in or abuts a residential zone, a natural or structural
barrier at least 1 min height shall be erected and maintained along all lot lines;
(h) 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 pennit 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.
46.
Outdoor Storage
Outdoor storage will not be permitted in front yards unless it is clearly demonstrated that such
storage is a necessary function of a commercial or industrial operation in terms of display and
access to the storage area (i.e. building supply operations, etc). Outdoor storage may be
permitted in side yards and/or rear yards. Council may require fencing or other forms of
screening where quantity and/or type of material would lead to unsightly appearance.
47.
Outdoor Swimming Pools
Where a swimming pool is an accessory use to a residential or commercial use it shall:
(1) Be enclosed by a fence having a minimum height of 1.8 metres (6 ft) from the
established grade and located a minimum of l. 8 metres from the water surface
perimeter, and have a gate, equipped with self-closing; self-latching devices placed
at the top and on the inside of the gate.
Part III - General Development Standards
(2) Not exceed 7.0% of the area of the lot.
(3) Not encroach upon any easement
(4) Not be placed over any existing, on-site septic system.
48.
Parks and Playgrounds, and Conservation Uses
13
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and playgrounds
are not located in areas which may be hazardous to their use and are not operated for commer-
cial purposes.
49.
Provincial T'Railway Park
Applications for and development which crosses the right-of-way of the Newfoundland
T'Railway Park shall be referred to the Parks and Natural Areas Division, Department of
Tourism, Culture and Recreation for review, comment and approval.
50.
Satellite Dish Antenna
Where permitted, Satellite dish antenna shall be a subject to the following conditions:
(1) There shall be one satellite dish per lot;
(2) The satellite dish antenna shall not be located in the front yard or flanking side yard
of a lot;
(3) The maximum diameter of the satellite dish is 3 metres;
(4) The maximum height of:
(a) a ground-mounted antenna shall be 4.6 metres measured from the top of the
antenna to ground level.
(b) a roof-mounted antenna shall be 4.6 metres measured from the top of the
antenna to the roof.
( c) The satellite dish antenna does not obstruct views from other properties;
(5) The satellite dish must not obstruct right-of way or encroach any easements.
51.
Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the owner or occupier
to provide adequate and suitable landscaping or screening; and for this purpose may require
the submission of an application giving details of the landscaping or screening, and these
Regulations shall then apply to that application. The provision of adequate and suitable land-
scaping 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.
Part III - General Development Standards
14
52.
Service Stations
Where permitted, development of an automobile service station and garage, sball confonn to
the following conditions:
( 1) All gasoline pumps shall be located on pump islands designed for such purpose, and
to which automobiles may gain access from either side.
(2) Pump islands shall be set back at least 4 metres from the front lot line.
(3) A canopy for sheltering pump islands may be erected provided that no part of the·
canopy is located within 3 m of the street or lot line.
(4) Accesses shall not be less than 7 metres wide and shall be clearly marked.
(5) Where a service station is located on a comer lot, the centre line of any access shall
be at least 30 metres from the centre line of the junction. The lot line between
entrances shall be clearly indicated.
53.
Side Yards
Sideyards shall be kept clear of obstruction and shall be provided on the exposed sides of
every building in order to provide access for the maintenance of that building.
54.
Soils and Drainage
Development shall only be permitted on lands having soil and drainage conditions that are
suitable to permit the proper siting and development of the proposed uses.
55.
Soil Removal and Deposit and Site Grading
A development permit is not required for removal or deposit of soil, or the excavation and
removal of excavated material or grading, if it is part of an approved development project or
affects less than 125 cubic metres of soil, sand, gravel, rock or other substance, down to and
including bedrock. All other cut or fill work, excavation, removal and deposit of material or
grading requires a development permit under these Regulations.
56.
Storage and Screening of Refuse Containers
Refuse containers used for the collection or storage wastes from a commercial use shall be
screened by fence or similar structure.
57.
Storage of Flammable Liquids
All users and structures for the on-site bulk storage of flammable liquids shall confonn to the
requirements of the Provincial Fire Commissioner and shall be surrounded by such buffers and
landscaping as the Authority may require in order to prevent damage to adjacent uses by fire,
explosion or spillage of flammable liquid or other dangerous goods.
' l~
Part 111 - General Development Standards
15
58.
Street Classification
For the purposes of these regulations, streets within the Town of Come By Chance are
classified as follows:
Provincial Arterial
Trans Canada Highway
59.
Subsidiary Apartments
Primary Collector
Main Road
all remaining streets
Where permitted, subsidiary apartments shall be limited to single dwellings. Two off-street
parking spaces are required. Minimum floor area requirements for a subsidiary apartment are
40 square metres for one bedroom plus 10 square metres for each additional bedroom.
60.
Watercourse Protection
No development shall be permitted within 15 meters of the high water mark of any body of
water with the exception of conservation structures such as those designed to control flooding
and erosion, bridges, pathways, and sewer lines, or where permitted, for the construction of
wharves and docks. Such development shall meet provincial environmental guidelines, and be
approved by the Water Resources Division, Department of Environment. If fish habitat is
affected, approval from Fisheries and Oceans Canada is required. The Authority may require
larger buffer areas around watercourses where identified flood plains, steep slopes or unstable
soil conditions (for example) could result in damage to watercourses and wildlife habitat as
a result of development
61.
Water Pressures/Fire Flows
Development may be refused where water pressures and fire flows cannot be guaranteed.
62.
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.
63.
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.
64.
Permit Required
Subject to the provisions of Regulation 70, no sign shall be erected or displayed in the
Planning Area unless a pennit for the sign is first obtained from the Authority.
65.
Provincial Highway Sign Regulations
All signs or advertisements to be erected within the boundaries of the Town of Come By
Chance must be approved in accordance with these regulations. Where provisions of these
Regulations are inconsistent with the regulations respecting advertising signs on or near public
highways made or administered by the Department of Government Services and Lands under
the Provincial Highway Sign Regulations, the more restrictive regulations shall apply.
66.
Form of Application
Application for a pennit to erect or display a sign shall be made to the authority in accordance
with Regulation 7.
67.
Signs Prohibited in Street Reservation
No sign shall be pennitted to be erected or displayed within, on or over any highway or street
reservation.
68.
Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of a sign shall be for a
period not exceeding two years, but may be renewed at the discretion of the Authority for
similar periods.
69.
Removal of Signs
Notwithstanding the provisions of these Regulations, the Authority may require the removal
of any sign which, in its opinion, is:
(I) hazardous to road traffic by reason of its siting, colour, illumination, or structural
condition, or;
(2) detrimental to the amenities of the surrounding area.
Part IV - Signs
17
70.
Signs Exempt from Control
The following signs may be erected or displayed in the Planning Area without application to
the Authority:
(1) on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2
m- in area;
(2) on an agricultural holding or farm, a notice board not exceeding 1 m2 in area and
relating to the operations being conducted on the land;
(3) on land used for forestry purposes, signs or notices not exceeding l m2 in area and
relating to forestry operations or the location oflogging operations conducted on the
land;
( 4) on land used for mining or quarrying operations, a notice board not exceeding l m2 in
area relating to the operation conducted on the land;
( 5) 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;
( 6) on any site occupied by a church, schoo~ library, art gallery, museum, institution or
cemetery, one notice board not exceeding 1 m2 in area;
(7) on the principal facade of any commerci~ 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;
(8) on any parking lot directional signs and one sign not exceeding 1 m2 in size, identifying
the parking lot.
71.
Approval Subject to Conditions
A permit may only be issued for the erection or display of signs which comply with the
appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of
these Regulations.
72.
Non-Conforming Uses
Notwithstanding the provisions ofRegulation 64, a permit may be issued for the erection and
display of signs for a non conforming use. The standards for the size and type of sign will be
those which would apply if the development was in a Use Zone appropriate to its use.
Part JV - Signs
18
73.
Signs for Commercial or Industrial Uses
The following standards shall apply to signs erected for any commercial or industrial use which
may be permitted in Schedule C of these regulations:
(1)
On-Site Signs. One free-standing sign shall be pennitted per lot. Additional free
standing signs may be permitted at the discretion of the Authority provided that:
(a)
The size, shape, illumination and material construction is to the
satisfaction of the Authority, and does not impair the safety and
convenience of users of adjacent sidewalks and the general amenities
of the surrounding area.;
(b)
The signs do not create an obstruction for vehicle access into and out
of the lot;
( c)
The maximum area of the sign face is no greater than 9 square metres.
(2)
Temporary/Portable Signs -These conditions apply to temporary or portable signs
which erected for a specific purpose and limited duration. Such signs may be
permitted provided that:
(a)
The area of the sign face does not exceed 7.5 square metres.
(b)
The overall height from ground level does not exceed 3 metres.
( c)
The sign does not encroach upon easements, right-of-ways or private
property, does not obscure other permanent signs, nor impair visibility
of traffic, or pedestrians.
( d)
Approval by the Canadian Standards Association (or other recognized
authority as approved by the Town of Come By Chance) for portable
lighted signs, and bear the C.S.A. approval decal on the sign. If the
sign is considered mobile, it shall be approved and licensed by the
Motor Vehicle Registration Division, Department ofWorks, Services
and Transportation.
(e)
The advertisement is securely anchored as approved by the Town of
Come By Chance.
(3)
Off-site Signs - Off-site directional signs which direct traffic to a commercial or
industrial development or use may be permitted provided that:
a)
Each advertisement shall not exceed 3 square metres in area.
b)
The sign show only the name of and distance or direction to the
premises being advertised, and shall be located within a reasonable
distance from the advertised premises.
c)
The location, siting and illumination of each sign shall be to the
satisfaction of the Authority, having regard to the grade and alignment
of streets, the location of street junctions and nearby buildings, and the
preservation of the amenities of the surrounding area.
74.
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.
75.
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.
76.
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 Regulations 17 and 18.
77.
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:
( 1)
the location of the land;
(2)
the availability of and the demand created for schools, services, and utilities;
(3)
the provisions of the Plan and Regulations affecting the site;
(4)
the land use, physical form and character of adjacent developments;
(5)
the transportation network and traffic densities affecting the site;
(6)
the relationship of the project to existing or potential sources of nuisance;
(7)
soil and subsoil characteristics;
(8)
the topography of the site and its drainage;
(9)
natural features such as lakes, streams, topsoil, trees and shrubs;
(10)
prevailing winds;
( 11)
visual quality;
(12)
community facilities;
(13)
energy conservation;
(14)
such other matters as may affect the proposed development.
Part V - Subdivision of Land
20
78.
Proposals for Subdivision of Land
Proposals for subdivision oflands for residential, commercial and industrial development shall
be required to provide information on:
(1)
The physical features of the site including development opportunities and
constraints, the location of mature stands of vegetation, including any
vegetation to be retained.
(2)
The layout of proposed lots and streets.
(3)
How the proposed subdivision relates to existing development and roads on
adjacent lands, and provide for future access to undeveloped lands in the area.
( 4)
The compatibility between the subdivision and surrounding land uses, both
existing and future.
( 5)
The volume and type of traffic that will be generated by the development.
( 6)
Proposed servicing, including water and sewer, storm water management, and
utilities.
(7)
In residential subdivisions, the locations of neighbourhood mail receptacles.
(8)
A landscaping plan which shows the location of dedicated open space and
plantings.
79.
Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in accordance
with Regulation 7.
80.
Subdivision Subject to Zoning
The subdivision ofland shall be permitted only in conformity with the Use Zones delineated
on the Zoning Maps.
81.
Building Lines
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines.
82.
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 ofland equivalent to not more than
10% of the gross area of the subdivision for public open space, provided that:
(a)
where land is subdivided for any purpose other than residential use,
the Authority shall determine the percentage ofland 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;
Part V - Subdivision of Land
(c)
(d)
(e)
21
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;
the Authority may accept from the developer in lieu of such area or
areas ofland the payment of a sum of money equal to the value of the
land which would otherwise be required to be dedicated;
money received by the Authority in accordance with Regulation
92(1)(d), 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 ofland for public use under Regulation 92(1 ).
83.
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.
84.
Development Agreement
As a condition of approval for new developments, the Authority shall require a developer to
enter into an agreement with the Municipality. Such agreements shall include specifications
for water and sewer infrastructure, storm drainage, streets, sidewalks, open space, as well as
school bus stops and neighbourhood mailboxes, where required.
85.
Subdivision Design Standards
Unless otherwise specified in the Town of Come By Chance Municipal Engineering
Standards the design of a subdivision permitted under these Regulations shall conform to the
following standards:
(1)
The finished grade of streets shall not exceed 10 percent.
(2)
Every cul de sac shall be provided with a turning circle of a diameter of not
less than 3 0 m.
Part V - SubdiVision of Land
22
Arterial Streets
(3)
The maximum length of any cul de sac shall be:
(a)
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.
( 4)
Emergency vehicle access to a cul de sac shall be not less than 3 m wide and
shall connect the head of the cul de sac with an adjacent street.
(5)
No cul de sac shall be located so as to appear to terminate a collector street.
(6)
New subdivisions shall have street connections with an existing street or
streets.
(7)
All street intersections shall be constructed within 5° of a right angle and this
alignment shall be maintained for 30 m from the intersection.
(8)
No street intersection shall be closer than 60 m to any other street
intersection.
(9)
No more than four streets shall join at any street intersection.
(10)
No residential street block shall be longer than 490 m between street
intersections.
(11)
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:
30m
15m
1.5 m
Discretion
of Council
Collector Streets
20m
15 m
1.5 m
2
Local Residential Streets:
where more than 50%
15m
9m
l.5m
1
of the units are single or
double dwellings;
where 50% or more of
20m
9m
1.5 m
2
the units are row
houses or apartments
Service Streets
!Sm
9m
1.5 m
Discretion
of Council
Part V ·Subdivision of Land
23
(12)
No lot intended for residential purposes shall have a depth exceeding four
times the frontage.
( 13)
Residential lots shall not be permitted which abut a local street at both front
and rear lot lines.
( 14)
The Authority may require any existing natural, historical or architectural
feature or part thereof to be retained when a subdivision is developed.
( 15)
Land shall not be subdivided in such a manner as to prejudice the development
of adjoining land.
86.
Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sa.nitaiy 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 preliminaiy 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, sa.nitaiy sewers and all appurtenances and of all
such streets and other works deemed necessaiy by the Authority to service the
said area.
87.
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 ofFees
recommended by the Association of Professional Engineers of Newfoundland and in effect
at the time the work is carried out.
Part V - Subdivision of Land
24
88.
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and paving
specified by the Authority may be deferred until a later stage of the work on the development.
Prior to approval, the developer shall deposit with the Authority, an amount estimated by the
Engineer as sufficient to cover construction and installation costs. In the later stage of the
work of development, the Authority shall call for tenders for 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.
89.
Transfer of Streets and Utilities to Authority
(1)
Where required by the terms of a Subdivision Agreement, the developer shall,
following the approval of the subdivision ofland 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 oflands, 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.
90.
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:
(1)
the lot can be served with satisfactory water supply and sewage disposal
systems, and;
(2)
satisfactory access to a street is provided for the lots.
91.
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 funning part of these
Regulations.
(2)
Subject to Regulation 91(3), the permitted and 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,
detennine the standards, requirements and conditions which shall apply.
92.
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in Schedule
C shall be detennined by the Authority in accordance with the classification and examples set
out in Schedule B.
93.
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.
94.
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 regulation
pursuant thereto, and to the public interest, and if the Authority has given notice of the
application in accordance with Regulation 12 and has considered any objections or
representations which may have been received on the matter.
95.
Prohibited Uses
Uses that do not fall within the Permitted or Discretionary Use Classes, or are specifically
listed as a Prohibited Use in the appropriate Use Zone Tables in Schedule C, shall not be
permitted in that Use Zone.
Schedule A
Definitions
page I
SCHEDULE A
1. 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.
2. Accessory Building includes
(a) a detached subordinate building not used as a dwelling, located on the same lot, or on
a lot adjacent to the main building to which it is an accessory, and which has a use
that is customarily incidental and complementary to, the main use of the building or
land;
(b) for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for domestic
pets or radio and television antennae;
( c) for commercial uses, workshops or garages; and
( d) for industrial uses, garages, offices, raised ramps and docks.
3. 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.
4. Act means the Urban and Rural Planning Act.
5. 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 ofits use in the farming ofland, the use of
land as grazing land, meadow land, osier land, market gardens and nursery grounds and the
use ofland for woodlands where that use is ancillary to the fanning ofland for any other
putpose. "Agricultural" shall be construed accordingly.
6. Amusement Use means the use ofland 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.
7. Animal Hospital means a place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care incidental to the hospital
use.
Pagel
Definitions
8. Animal Unit means any one of the following animals or groups of animals:
0 l bull;
0 1000 broiler chickens or roosters (1.8 - 2.3 kg each);
0 l cow (including calf);
0 100 female mink (including associated males and kits);
0 4 goats;
0 X hogs (based on 453.6 kg"" l unit);
0 l horse (including foal);
0 125 laying hens;
0 4 sheep (including lambs);
Schedule A
0 1 sow or breeding sow (including weaners and growers based on 453.6 kg= I unit);
0 X turkeys, ducks, geese (based on 2,268 kg= I unit).
9. Apartment Building means a building containing three or more dwelling units, but does
not include a row. dwelling.
10. Appeal Board means the appropriate Appeal Board established under the Act.
11. Auto Body Shop means a building or a clearly defined space on a Jot used for the
storage, repair and servicing of motor vehicles including body repair and painting but does
not include an automobile service station or an automobile sales establishment.
12. Automobile Washing Establishment means a building or part thereof used for the
operation of automobile washing equipment which is automatic or manual.
13. Bed and Breakfast Establishment means a single unit dwelling in which the resident
supplies, for compensation, bedrooms for the temporary accommodation of travelers.
14. 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.
15. Boardwalk means an elevated public pedestrian walkway constructed over a public street
or along a hiking trail, ocean front or beach.
16. Building means
(a) a structure, erection, alteration or improvement placed on, over or under land, or
attached, anchored or moored to land,
(b) mobile structures, vehicles and marine vessels adapted or constructed for residential,
commercial, industrial and other similar uses,
(c) a part of and fixtures on buildings referred to in (a) and (b), and
( d) an excavation ofland whether or not that excavation is associated with the intended or
actual construction ofa building or thing referred to in (a) to (c).
Schedule A
De[mitions
page3
17. Building Height means the vertical distance, measured in metres from the established
grade to the
(a) highest point of the roof surface of a flat roof;
(b) deck line of a mansard roof;
( c) mean height level between the eave and the ridge of a gable, hip or gambrel roof;
and in any case a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above the roof.
18. 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.(See Figure 1)
,---·-,--··-·- -----·-··- -·-·-·-·'
i
Rear Lot Line
I
8uildable Area
I
Sida
: Lot Une
r--r-----·-----------·--·-y·-i
!
i
!
!
i
.,......,;--;- Building &Qverage
~
I
L .. - ..
.___,_~[_SulkJ/ng Line
' :
Front Lot Une ). :
" - .c_ - - - .. - - - - - -·-·-·-·-·-·'
Street Right of Way t
Figure 1. Building and Lot Lines
19. Business Office means a room where business may be transacted, a service performed or
consultation given but does not include the manufacturing of any product or the on-site
retailing or selling of goods.
20. Campground means an area ofland for the temporary accommodation of travel trailers,
motorized homes, tents and trailers used for travel, recreational and vacation purposes but
does not include a mobile home park.
21. Church means a building dedicated to religious worship and include a church hall, church
auditorium, Sunday School, parish hall, rectory, manse and day nursery operated by the
church.
Page4
Definitions
Schedule A
22. Clinic means a building used for medical, dental, surgical or therapeutical treatment of
human patients that does not include overnight facilities and does not include a professional
office of a doctor located in his or her residence.
23. Convenience Store means a building which is used as a store that serves the primary
needs of the adjacent neighbourhood and includes the sale of magazine, confectionary and
grocery items, rental of video movies, and a delicatessen or snack bar provided that any
eating facility is within a wholly enclosed building.
24. Craft Shop means a building which is used for the retailing or wholesaling of arts and
handicrafts.
25. Custom Workshop means a building or part of a building used by a trade, craft or a
guild for the manufacture in small quantities of made-to-measure clothes or articles and
includes upholstering, repair, refinishing of antiques and other art objects but does not
include metal, spinning or woodworking or furniture manufacturing.
26. Daycare Centre or Day Nursery : 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 Childcare Services Act, but does not include a school as defined
by the Schools Act.
27. Development means the carrying out of building, engineering, mining or other operations
in, on, over, or under land, or the making of a material change in the use, or the intensity of
use ofland, buildings, or premises and the
(a) making of an access onto a highway, road or way,
(b) erection of an advertisement or sign,
( c) construction of a building,
( d) parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as
an office, or for living accommodation,
and excludes the
( e) carrying out of works for the maintenance, improvement or other alteration of a
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building;
(f) carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the
road reservation;
(g) carrying out by a local authority or statutory undertakers of works for the purpose of
inspecting, repairing or renewing sewers, mains, pipes, cables or other apparatus,
including the breaking open of street or other land for that purpose; and
(h) use of a building or land within the courtyard of a dwclling house for a purpose
incidental to the enjoyment of the dwelling house as a dwelling.
28. Director means the Director of Urban and Rural Planning.
Schedule A
Definitions
29. 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.
page5
30. Domestic and Household Arts includes dressmaking, tailoring, hairdressing,
instruction in music, dancing, arts and crafts, weaving, painting, sculpturing, or otherwise
making household ornaments, articles of clothing, personal effects or toys.
3 L Double Dwelling (or Duplex) 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.
32. Dwelling, Townhouse means three or more dwelling units, each with a separate
entrance, constructed side by side and separated by common vertical walls.
33. Dwelling Unit means a self-contained unit consisting of one or more habitable rooms
used or designed as the living quarters for one household.
34. Engineer means a professional engineer employed or retained by the Authority.
3 5. Erect means to build, construct, reconstruct, alter or relocate and without limiting the
generality of the foregoing, shall include any preliminary physical operation such as
excavating, grading, piling, cribbing, filling or draining, or structurally altering any existing
building or structure by an addition, deletion, enlargement or extension.
36. Established Grade means,
(a) where used in reference to a building,
the average elevation of the finished
surface of the ground where it meets
the exterior or the front of that building
exclusive of any artificial embankment
or entrenchment, or
(b) where used in reference to a structure
that is not a building, the average
elevation of the finished grade of the
ground immediately surrounding the
structure, exclusive of and artificial
embankment or entrenchment. (See
Figure 2).
Figure 2. Established Grade of a Building
Page6
Definitions
Schedule A
37. Existing means legally existing as of the effective date of these Regulations.
38. 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".
39. Farm Market means a building in which fiLrm. or garden produce comprises the major
portion of goods offered or kept for sale directly to the public at retail value.
40. Flanking Yard means the side yard of a comer lot which side yard extends from the front
yard to the rear yard between the flanking lot line and the nearest main wall of any main
building or structure (See Figure 3).
41. Floor Area means the total area of all floors in a building measured to the outside face of
exterior walls.
42. Forestry Use means commercial silviculture and the production of timber or pulp and
uses associated with a forestry use, including sawmills, vehicle and equipment storage and
maintenance buildings and yards.
43. Frontage means the horizontal distance between side lot lines measured at the building
line.
44. Front Yard Depth means the distance between the front lot line ofa lot and the front
wall of the main building on the lot.
45. Garage means a building erected for the storage of motor vehicles as an ancillary use to a
main building on the lot.
46. 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.
47. General Industry means the use ofland 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.
48. 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.
Schedule A
Definitions
page 7
49. Home Child Care Service means a service where not more than 6 children receive
child care in the home of the person providing the child care.
50. Home Occupation means an accessory use of a dwelling and/or accessory building for
gainful employment involving the provision or sale of goods and/or services.
51. Home Office means a secondary use ofa dwelling unit by at least one of the residents of
such dwelling unit to conduct a gainful occupation ofbusiness activity.
52. Indoor Recreational Use means a building for leisure activities such as bowling alleys,
fitness clubs and racquet clubs, curling clubs, arenas and gymnasia.
53. Inspector means any person appointed and engaged as an Inspector by the Authority or by
any federal or provincial authority or the agent thereof
54. Institution means a building or part thereof occupied or used by persons who:
(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.
55. Kennel means a building or premise where domestic household animals and birds are
boarded for breeding or otherwise.
56. Land includes land covered by water, and buildings and structures on, over, under the soil
and fixtures that form part of those buildings and structures.
57. Landscaping means any combination of trees, shrubs, flowers, grass or other horticultural
elements, decorative stonework, paving, screening or other architectural elements, all of
which is designed to enhance the visual amenity of a property or to provide a screen between
properties in order to mitigate objectionable features between them.
58. Light Industry means 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 sur-
rounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare
or appearance.
59. Loading Space means an area ofland provided for use for the temporary parking of a
commercial motor vehicle where merchandise or materials are loaded or unloaded from the
vehicles.
Page8
Definitions
Schedule A
60. 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.
61. 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.
62. Lot means a plot, tract or parcel ofland which can be considered as a unit of land for a
particular use or building.
63. Lot Area means the total horizontal area within the lines of the lot.
64. Lot Coverage means the combined area of all buildings on a lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total area
of the lot.
65. Main Building means any building in which is carried on the principal purpose for which
the lot is used.
66. Marina means a public or private facility operated as a commercial recreational use, used
for the docking, mooring and storage of boats, ships and any other marine craft and their
accessory equipment.
67. Mineral Working means land or buildings used for the working or extraction of any
naturally occurring substance.
68. Mini Home means a form of mobile home which has a pitched roof and traditional house-
type exterior siding, windows and doors, designed to be connected to piped water and
sewer, electricity and telephone, with or without basement installation, suitable for year
round occupancy.
69. 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
current edition of the National Building Code of Canada 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.
Schedule A
Defmitions
page 9
70. Mobile Home Subdivision means a mobile home development requiring the
subdivision ofland whether in single or joint ownership into two or more pieces or parcels
ofland for the purpose oflocating 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.
71. 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.
72. Nursing Home means a building where nursing care and room and board are provided to
individuals incapacitated in some manner for medical reasons and approved by the
Departments of Government Services and Lands, and Health and Community Services.
73. Outdoor Storage means the storage of merchandise, goods, inventory, materials or
equipment or other items which are not intended for immediate sale, by locating them
outside.
74. Owner means a person or an organization of persons owning or having the legal right to
use the land under consideration.
75. Parking Lot means an open area ofland other than a street or an area within a structure
for the parking of vehicles.
76. Parking Space means an area of land or building for the temporary parking or storage of
motor vehicles.
77. 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.
78. Pit and Quarry Working carries the same meaning as Mineral Working.
79. Private Club means a building used as a meeting place for members of an organization
and may include a fraternity, a labour union hall, a lodge and recreational or service club.
80. 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.
81. Public Use means any lands, structure or building which is constructed for use by the
general public, including but not limited to parks, playgrounds, trails, paths and other
recreational and open spaces, scenic and historic sites, publicly funded buildings such as
schools, hospitals, libraries and other public buildings and structures.
Page JO
Definitions
Schedule A
82. Rear Yard Depth means the distance between the rear lot line and the rear wall of the
main building on a lot (See Figure 3).
83. Recreational Use means the use ofland for parks, playgrounds, tennis courts, lawn
bowling greens, athletic fields, golf courses, picnic areas, swimming pools, day camps,
walking trails, and similar uses.
84. Recycling Depot means premises on which recoverable materials such as newspaper,
glassware, and metal cans are separated prior to shipment but does not include any
processing of the materials or a salvage yard.
85. 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.
86. Rest/Retirement Home means a residential facility or part thereof which is not a
nursing home or group home, in which, for hire or gain, lodging is supplied in at least 10
retirement dwelling units. Meals are supplied for the occupants in a common kitchen and
dining facility and other communal facilities, such as nursing care, may be provided.
Accommodation shall be intended for the lodging of retired or elderly persons.
87. Row Dwelling means three or more dwelling units at ground level in one building, each
unit separated vertically from the others.
88. Salvage Yard means an area of land used for the storage, handling or processing of and
sale of scrap material, and without limiting the generality of the foregoing, may include
waste paper, rags, bones, used bicycles, vehicles, tires, metals or other scrap material or
salvage, but shall not include a hazardous waste material storage or disposal site.
89. Satellite Dish Antenna means a device or instrument designed or used for the reception
of television or other electronic communications signal broadcast or relayed from an earth
satellite. It may be solid, open mesh, or bar-configured structure in the shape of a shallow
dish or parabola.
90. Screening means the method by which a view of one site from another adjacent site is
shielded, concealed or hidden.
91. 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.
92. 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.
Schedule A
Definitions
page 11
93. 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.
94. Sideyard Depth means the distance between the side lot line and the nearest side wall of
a building on the Jot. (See Figure 3)
95. 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 oflocal government, utilities, and boarding or similar structures
used for the display of advertisements.
96. 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.
97. Street Line means the edge of a street reservation as defined by the authority having
jurisdiction.
98. Street Right-of-Way means a strip of land acquired by reservation, dedication or forced
dedication intended to be occupied or occupied by a public street, road or highway (See
Figure 1).
99. Structure means anything that is erected, built or constructed of parts joined together or
any such erection fixed to or supported by the soil or by any other structure, including
buildings, walls, signs and fences.
100. Subdivision means the dividing ofland, whether in single or joint ownership, into two
or more pieces for the purpose of development.
101. Subsidiary Apartment means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
102. 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.
103. 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.
104. Tourist Trailer Park means an establishment comprising land or premises under
single ownership used or intended to be used for the parking of tourist trailers on a
temporary or seasonal basis, such as for a day, a week or for a season.
Page 12
Definitions
Schedule A
105. Use Zone or Zone means an area ofland including buildings and water designated on
the Zoning Map to which the uses, standards and conditions of a particular Use Zone
Table apply.
106. Utility means any public or private system, works, plant, equipment or services which
furnishes services at approved rates to or for the use of the general public.
107. Variance means a departure, to a maximum of I 0% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use
Zone Table of the authority's regulations.
108. Veterinary Clinic means a facility for the medical care and treatment of animals and
includes provisions for their overnight accommodation but does not include any outdoor
facilities such as kennels, pen runs and enclosures.
109. Warehouse means a building used primarily for the storage of goods and materials.
110. Warehousing and Distribution Centre means a building used for the storage,
wholesaling and distribution of goods and materials.
111. Watercourse means any lake, pond, river, stream or other body of water.
112. Wetland means the land usually or at any time occupied by water, where the water table
is at or is just above the surface of the land either permanently or intermittently, depending
upon the class of the wetland which includes bogs, fens, marshes, swamps and shallow
water zones along shorelines ofbodies of water.
113. Watershed means the area ofland drained by a given stream, river or lake.
Schedule A
Definitions
page 13
114. Yard means an open uncovered space on a lot appurtenant to a building (except a court)
and unoccupied by buildings or structures except as specifically permitted elsewhere in
these Regulations (See Figure 3).
b
I
eulldlng Lm-;:.:ri-
.
I .
a
I
I
Figure 3. Yards1
a
Front Y111d
b
R-Yatd
c
SldeYan:I
d
Flanking YIL!d
115. Zoning Map means the map or maps attached to and forming a part of the authority's
regulations.
Figures 2 and 3 reprinted with permission from Nava Scotia Department of Municipal Affairs,
Model Land Use Bylaw, 1993.
SCHEDULED
Division
Use Class
Examples
1. Residential Dwelling Uses
Single Dwelling
- Single Detached Dwellings
Double Dwelling
- Duplex Dwellings
- Semi-detached Dwelling
Row Dwelling
- Row Houses
-
TownHonses
Apartment Building
-
Apartments
- Rest /Retirement Home
-
Sponsored Seniors Residence
2. General Residential Uses
Collective Residential
-
Convents & MollllS!eries
-
Dormitories
-
Nurses & Hospital Residences
- Residential Colleges & Schools
- University & College Halls of Residence
Boarding House
-
Bed & Breakfast Establishment
Residential
-
Boarding Houses
-
Lodging Houses
Commercial
-
Hostels
Residential
-
Hotels & Motels
-
Residential Clubs
Seasonal Residential
-
Hunting & Fishing Cabins
-
Summer Homes & Cabins
Manufactured
- Mini Home
Housing
-
Mobile Homes
-
Mobile Home Park
Division
I. Assembly Uses for the
production & viewing of the
petfonning arts.
2. General Assembly Uses
Use Class
Theatre
Cultural & Civic
General Assembly
Educational
Place of Worship
Passenger Assembly
Club&Lodge
Catering
Funeral Home
Child Care
Examples
- Motion Picture Theatres
- Opera Houses
- Television Studios admitting an Audience
- Theatres
- Art Galleries
- Council Chambers
- Court Rooms
- Libraries
- Meeting Rooms
- Musewns
- Auditoria
- Bowling Alleys
- Conununity Halls
- Dance Halls
- Exhibition Halls
- Fitness Clubs
- Gymnasia
- Lodge Halls
- Colleges (non- residential)
- Private Schools
- Public Schools
- Church Halls
- Churches & similar places of worship
- Manse
- Passenger Stations & Depots
- Recreational Piers/Docks
- Private Clubs & Lodges (non-residential)
- Bars
- Lounges
- Restaurants
- Taverns
- Crematoria
- Funeral Homes & Chapels
- Day Care Centres
- Home Child Care Service
Amusement
- Electronic Games Arcades
- Pinball Parlou:rs
- Poolrooms
3. Arena-type Uses
Indoor Assembly
- Arenas
- Armouries
- IceRinks
- Indoor Swimming Pools
4. Open-air Assembly Uses
Outdoor Assembly
- Amusement Parks & Fair-grounds
- Bleachers
- Drive-in Theatres
- Exhibition Grounds
- Grandstands
- Outdoor Ice Rinks & Swimming Pools
- Stadia
Division
1. Business, Professional, &
Personal Service Uses
Use Class
Examples
Office
- Banks
- Business & Government Office
- Home Office
Medical & Professional
- Clinic
- Dental Offices & Surgeries
- Legal Offices
- Medical Offices & Consulting Rooms
- Similar Professional Offices
Personal Service
- Barl>ers
- Beauty Parlours
- Domestic & Household Arts
- Hairdressers
- Small Appliance Repairs
General Service
- Automobile Washing Establishment
- Dry Cleaners (not using flammable or
explosive substances)
- Self-service Laundries
- Small Tool & Appliance Service & Rentals
Communications
- Radio Stations
- Telephone Exchanges
Police Station
- Police Stations without detention quarters
Taxi Stands
- Taxi Stands
Take-out Food Service
- Take-out Food Service
Veterinary
- Animal Hospital
- Veterinary Clinic
Division
I. Penal & Correctional
Institutional Uses
2. Special Caxe Institutional
Uses
Division
I. Retail Sale & Display Uses
Use Class
Penal & Correctional
Detention
Medical Treannent &
Special Care
Use Class
Shopping Centre
Shop
Indoor Market
Outdoor Market
Convenience Store
Examples
- Jails
- Penitentiaries
- Police Stations (with detention quarters)
- Prisons
- Psychiatric Hospitals (with detention
quarters)
- Refonnatories
- Children's Homes
- Convalescent Homes
- Family & Group Care Home/Centre
- Hospitals
- Infirmaries
- Orphanages
- Nursing Home
- Reformatories
Examples
- Shopping Centres
- Automobile Sales Establishment
- Depaxtment Stores
- Retail Shops
- Stores and Showrooms
- Supennarket
- Auction Halls
- Exlubition Hall
- Market
- Animal Markets
- Fish Stalls
- Market Grounds
- Produce & Fruit Stands
- Confectionaxy Stores
- Comer Stores
- Gift Shops
- Specialty Shops
- Video Stores
Division
I.Industrial uses involving
highly combustible &
hazardous substances &
processes.
2. General Industrial Uses
involving Limited Hazardous
Substances & Processes.
3. Light, Non- hazardous or
Non-intrusive Industrial
uses
Use Class
Hazardous Industry
General Industry
Service Station
Ligbt Industry
Examples
- Bulk Plants for Flammable Liquids
- Bulk Storage Warehouses for Hazardous
Substances
- Chemical Manufucturing or Processing Plants
- Distilleries
- Dry-cleaning Plants
- FeedMills
- Lacquer, Mattress, Paint, Varnish, & Rubber
Factories
- Spray Painting Operations
- Wastepaper Processing Plants
- Aggregate-Related Industries
- Aircraft Hangars
- Autobody Shop
- Bulk Storage Facility
- Cold Storage Plants
- Contractors' Yards
- Concrete Plants
- Factories
- Fish Processing Plants
- FreightDepots
- General Garages
- Laboratories
- Laundries
- Planing Mills
- Printing Plants
- Sawmill
- Warehouses
- Workshops
- Automobile Washing Establishment
- GasBars
- Gasoline Service Stations
- Custom Workshops
- Indoor Storage
- Light Industry
- Parking Garages
- Recycling Depot
- Warehouses & Distribution Centres
- Wholesale Rooms
- Workshops
Division
I. Uses not directly related to
building
Use Class
Agriculture
Forestry
Mineral Working
Recreational Open
Space
Conservation
Cemetecy
Scrap Yard
Solid Waste
Examples
- Commercial Farms
- Hobby Farms
- Market Gardens & Nurseries
- Open Market
- Silviculture
- Sawmills
- Tree Nurseries
- Mineral Exploration
- Mines
- Oil Wells
- Pits
- Quarries
- Campgronnds
- Golf Courses
- Hiking Trails
- Parks
- Playing Fields
- Playgrounds
- Sports Grounds
- Tourist Trailer Parks
- Architectural Historical Sites
- Boardwalks
- Buffer Strips
- Nature Trails
- Scenic Lookont Sites
- Watersheds
- Wildlife Sanctuaries
- Cemeteries
- Graveyards
- Car Wrecking Yards
- Junk Yards
- Salvage Yard
- Scrap Dealers
- Incinerators
- Recycling Plants
- Sanitary Land Fill
- Solid Waste Disposal
Animal
- Animal Pounds
- Kennels
- Zoos
Antenna
- Cellular Communications Towers
- Satellite Dish Antenna
- Television, Radio & Communications
- Transmitting and Receiving Masts &
Antennae
Transportation
- Airfields
- Boatllouses
- Docks and Harbours
- Wharves and Marinas
SCHEDULEC
NOTE:
Further to Part II of these Regulations, this schedule contains additional provisions
for development in each use zone, as well general provision for specific categories
of use zones. The Schedule also contains tables showing the use classes which may
be pennitted 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 the following:
Page
General Provisions for All Use Zones
2
Residential
(RES)
4
Urban Reserve
(UR)
10
Mixed Development
(MD)
11
Highway Commercial
(HC)
14
Industrial General
(IG)
16
Rural
(R)
18
Open Space Conservation
(OSC)
22
Watershed- Domestic
(WD)
23
Watershed - Refinery
(WR)
24
T'Railway Corridor
25
\,..
Schedule C
Use Zone Tables
page 2
In addition to the provisions of Part III - General Development Standards of these Regulations,
the following provisions will apply to all Use Zones within the Come By Chance Municipal
Planning Area:
1.
Accessory Buildings
In addition to the requirements set out in Regulation 22, Part III- General Development
Regulations, an accessory building shall not be
a)
Used for human habitation.
b)
Placed any closer than 0.5 metre from a side yard line, or 3 m from the
main building or any other building.
c)
Higher than the residence, or constructed so as to block a view and/or
light from adjoining properties.
2.
Alteration ofWaterbodies
All applications which would result in the alteration of any body of water or wetland shall
be referred to the Water Resources Management Division, Department of Environment.
3.
Archaeological Resources
In addition to Regulation 26, Part III - General Development Standards, all applications
for development located within 100 m of the shoreline of Come By Chance Harbour and
the Come By Chance River shall be forwarded to the Provincial Archaeologist,
Department of Tourism, Culture and Recreation for review and recommendation.
4.
Building Setbacks
Building setbacks from roads shall be provided to preserve specified road right-of-way
widths. Setbacks shall be sufficient to allow space for pedestrians, landscaping, snow
plowing and the parking and movement of vehicles clear of any road allowance.
5.
Development Along Provincial Highways
All applications for development along the Trans Canada Highway and the Come By
Chance Main Street, require approval for access from the Department of Works, Services
and Transportation. All applications for development which are located within the
Building Control Line (I OOm of the centre line of the east bound lane of the Trans
Canada Highway) require approval from the Department of Government Services and
Lands under the Protected Road Regulations. All applications for development fronting
on, or requiring access to these streets shall be forwarded to the appropriate agency for
review and approval.
Schedule C
Use Zone Tables
page3
6.
Parking Areas
In addition to the requirements for off-street parking set out in Regulation 45, Part ill -
General Development Standards, the following standards shall apply where a parking lot
for more than four vehicles is required or permitted:
(a)
The parking lot shall be constructed with a stable surface that is treated to
prevent the rising of dust or loose particles;
(b)
Entrance and exit ramps shall be no closer than 15 m from any comer or
street intersection.
( c)
Parking standards to accommodate persons with disabilities shall meet the
requirement of the Buildings Accessibility Act and Regulations.
(a)
Landscaping is provided on 5% of the parking area for lots less than 1,400
m2 in size, and 7.5% of the parking area for lots greater than 1,400m2.
7.
Reserved Vehicle Access
The Authority shall preserve from development the vehicle access points and rights-of-
way shown on Zoning Map 2.
8.
River Protection
No development, removal of vegetation or alteration of topography will be permitted
within the stream or pond bed, embankment, or in a strip of land 100 horizontal metres
from the shoreline of the Come By Chance River until such a proposal is referred to the
Habitat Management Section of Fisheries and Oceans Canada for advice regarding impact
of the development on fish habitat, and recommendations on mitigation measures where
appropriate.
9.
Development on Slopes Greater than 15°/o
Before approving development of a site having a slope greater than 15%, the Authority
shall require 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, lands and waterbodies receiving runoff from
the site.
Schedule C
PERMITTED USE CLASSES -
(see Regulation 93)
>Conservation
>Double Dwelling
>Office (See Condition 5b)
>Single Dwelling (See Condition 2)
Use Zone Tables
DISCRETIONARY USE CLASSES - (see
Regulations 12 Part II and 94)
>Agriculture
>Antenna.
>Apartment Building
page4
>Boarding House Residential (See Condition 6)
>Business, Professional & Personal Service (See
Condition 5)
>Child Care (See Condition 4)
>Convenience Store (See Condition 3)
>Educational
>Light Industry (See Condition 5)
>Manufactured Housing (See Conditions 7 & 8)
>Place ofWorship
>Recreational Open Space
>Row Dwelling
>Utilities
Refer to Come By Chance Municipal Plan, Section 3.3.1 General Development Policies, and
Section 3.3.2 Residential Development Policies.
Conditions
Single
Double
Row
!Bdrm
2Bdrm
3Bdrm
4Bdrm
Dwelling
Dwelling
Dwelling
Lot area (sq.m)(min)
450
330*
165*
160*
170*
250*
250*
Floor area (sq.m) (min)
80
80*
65*
40*
50*
60*
70*
Frontage(m)(min)
15
26
12*
36
Average
Building line setback
6
6
8
8
(m)(min) (max)
30
30
30
Sideyard width
1.2
1
5
(m)(minimum)
Rearyard depth
9
9
9
14
(average)
ScheduleC
Use Zone Tables
page5
Lot coverage (%)
(max)
33
33
33
33
Height (m)(max)
g--
8**
10--
10--
Partially Serviced Lots : Development on partially serviced lots shall require a lot size that is
suitable for on-site waste disposal, or an on-site well. Lot size shall be determined by a person
certified by the Department of Government Services and Lands to determine site suitability.
- per dwelling unit
2.
Backlot Development
Notwithstanding Regulation 40, Part ID-General Development Standards, Council may
permit development of a single dwelling on a site without adequate road frontage on a
street provided that:
a)
The dwelling is not at a distance of more than 30 m from a public street.
b)
The lot is serviced with municipal water and sewer services.
c)
A right-of-way of sufficient width to construct a public street is acquired
to accommodate future development where such development is possible.
d)
Where there is no potential for additional development, the access
easement shall be treated as a private driveway.
e)
The development will have no long-term implications for adjacent lands.
3.
Convenience Stores
Convenience stores may be permitted under the following conditions:
a)
The store forms part of, or is attached to a self-contained dwelling unit.
b)
The retail use shall be subsidiary to the residential character of the area,
and shall not detract from residential amenities of adjoining properties.
c)
Off-street parking for at least five automobiles shall be provided for the
use of customers.
d)
Specific attention will be paid to site access and the effects of the store on
traffic flow.
e)
A convenience store which is part of or attached to a self-contained
dwelling unit shall not have a floor area exceeding twenty-five (25)
percent of the total floor area for that unit
4.
Home Childcare Service
See Regulation 34, Part III, General Development Standards.
Schedule C
Use Zone Tables
page 6
5.
Home Occupations
a)
Professional and Personal Service and Light Industry uses may be pennitted as
Home Occupations where they can meet the requirements of Regulation 35, Part
III of these regulations.
b)
Home Offices - A home office, shall be permitted in a dwelling unit where it
conforms to the following requirements:
i)
It does not exceed 20 m2 in floor area;
ii)
There is no exterior open storage or display of goods, materials or
equipment;
iii)
It must be operated by a resident of the dwelling unit and non-
residents shall not be employed in the Home Office;
iv)
No sign age associated with the Home Office use is pennitted;
v)
No change in the type, class or extent of the Home Office shall be
pennitted except with the approval of the Authority.
Proposed Office uses which exceed 20 m2 in area may be considered as a
mscretionary use and shall be required to meet the conditions set out in
Regulation 35, Home Occupations, Part III of these regulations.
6.
Lodging House/ Bed and Breakfast Establishment
A single dwelling may be used for a lodging house or Bed and Breakfast Establishment
provided that:
a)
No addition or alteration shall be undertaken which changes the roof line;
increases the height of the building; or extends into the front or sideyards
of the lot, except for dormers and/or structures necessary for public safety
such as fire escapes;
b)
Parking is provided as required in Schedule D and only in the side and/or
rear of the lot, but not within the required yard.
c)
For Bed and Breakfast Establishments, the use conforms with the
requirements of Regulation 27, Part III of these regulations.
7.
Mobile/Mini Homes
A mobile home may be pennitted provided the structure meets the following conditions
within three months from the date it arrives on the lot:
a)
The home is placed on a pennanent foundation or otherwise pennanently
supported and fixed, with wheels and axles removed, and shall be
provided with a visible foundation or skirting acceptably similar in
appearance to foundations of dwellings in the immediate area.
b)
The home shall be new, certified as meeting construction standards set by
the Canadian Standards Association, or, where a used home, certified as
meeting the standards specified above, or such prior standards, found on
inspection to be in excellent condition and safe and fit for residential
occupancy.
c)
The exterior siding, trim material, and roofing, is unifonn and in good
repair.
Schedule C
Use Zone Tables
page 7
8.
Residential Mobile/Mini Home Parks
The following conditions shall apply to the development of a mobile/mini home park or
subdivision.
a)
Mobile/mini home parks shall be a minimum of 1.5 hectares in size.
Lot area (sq.m)(min)
375
540
Frontage (m)(min)
12
18
Front Yard (m)(min)
3
3
Sideyard width (m)(min)
Major
2.75
Minor
1.5
Rearyard depth (m)(min)
1.5
3
Lot coverage (%)(max)
10
c)
Housing Form
Mobile Home Parks intended to include manufactured homes placed on purchased,
rented or leased lots.
d)
Application Requirements
Applications to develop or expand a mobile home park must obtain a development
permit before proceeding with the development. Applications shall be accompanied
by a plan drawn to an appropriate scale and showing:
i)
Accurate dimensions of the site;
ii)
The location and details of the proposed water source and location of
servicing lines.
iii)
Detailed plans of proposed roads and drainage systems.
iv)
The proposed location and dimensions of parking areas, parking spaces,
recreation areas, landscaping, open space and fencing.
v)
The proposed lot layout for residential and other uses by specific use
(storage yard, clubhouse, etc.).
After the development for which the permit has been completed, a new
development permit must be obtained for any substantive changes to land uses and
locations as shown on the original site plan contained in the application form in the
Development Permit.
e)
Accessory Buildings
Accessory buildings to the principal residential use shall be permitted on any home
site but shall not:
i)
Be built closer to the front lot line than manufactured home.
ScheduleC
Use Zone Tables
page8
ii)
Be located within 1.2 m of the manufactured home.
iii)
Have a height greater than the height of the main dwelling on the lot.
f)
Parking
The following general provisions will apply to all parking requirements:
i)
Parking shall be provided upon the lot, or within 8 meters of the use for
which the parking is required;
ii)
Individual parking spaces shall have minimum dimensions of2.7m by 5.Sm.
iii)
Parking Space Requirements for one and two-family dwellings and
multiple dwellings other than apartment requirements - one space for each
dwelling unit plus one visitor parking space for each four dwellings
g)
Open Space Requirements
The owner of a mobile home park, whether to be leased or in private ownership,
shall provide a minimum of 8 percent of the gross land area as common
recreational open space for the residents. Areas containing storage areas, roadways
and streets, open space on home sites, and parking spaces shall not be considered
as forming any part of the open space requirement. These amenity areas may
include playgrounds, walking trails, a community center, sports fields and
waterways.
h)
Signs
A maximum of two identification signs for the Mobile Home Park having a
maximum height 3 meters above the ground and a maximum area of 5 square
meters may be permitted, as well as a lighted sign showing lot layout and numbers
of dwellings as a means of assisting emergency vehicles.
i)
Landscaping Areas
The developer of the mobile/mini home park shall landscape the front yard of the
main building and the main access/ entryway to the park.
j)
Permitted Encroachments
The following encroachments will be permitted into required side yards:
a)
Sills, eaves, canopies or other architectural features - 61 cm.
b)
Porches, sundecks and steps - 1. 5 m.
On a comer where yards are required no fence, sign, hedge, bush or tree or any
other structure, vehicle or vegetation shall be place or permitted to grow higher
than 0.6 m (2 ft.) above the grade of the center line of the streets that abut the
home site within the triangular area included within the street lines for a distance of
6 m, (19,7 ft.) from their point ofintersection.
ScheduleC
Use Zone Tables
k)
Streets and Roadways
Streets and roadways within a mobile home park shall be developed to the
following standards:
Main access road from public street
12
10.5
No parking
12
10.5
Parking - l side
12
10.S
eage9
&hedu/eC
PERMITTED USE CLASSES -
(see Regulation 93)
>Conservation
Use Zone Tables
page JO
DISCRETIONARY USE CLASSES -(see
Regulations 12 Part II and 94)
>Antenna
>Agriculture (See Condition 1)
>Forestry (See Condition I)
>Mineral Working (See Condition 1)
>Utilities
Refer to Come By Chance Municipal Plan, Section 3. 3.1 General Development Policies, and
Section 3.3.3 Urban Reserve area policies.
CONDITIONS
1.
Resource Uses - All resource uses shall be subject to the appropriate conditions set out
in the Rural Land Use Zone.
ScheduleC
PERMITTED USE CLASSES -
(see Regulation 93)
>Business, Professional and Personal
Service
>Childcare
>Double Dwelling (See Condition 1)
>Office
>Recreational open space
>Single Dwelling (See Condition I)
Use Zone Tables
page 11
DISCRETIONARY USE CLASSES - (see
Regulations 12 Part II and 94)
> Antellllll
>Apartment Building (See Condition I)
>Boarding House Residential
>Catering
>Commercial Residential (See Condition 4)
>General Assembly Division (all use
classes)
>Light Industry (See Condition 6)
>Manufactured Housing (See Condition 7)
>Medical Treatment and Special Care
>Place of Worship
>Retail Sale and Display
>Row Dwelling (See Condition I)
>Service Station (See Condition JO)
>Theatre
>Transportation
>Utilities
Refer to Come By Chance Municipal Plan, Section 3.3.1 General Development Policies, and
Section 3.3.4 Mixed Development area policies.
CONDITIONS
Building Line Setback{m)
4 (min), 30 (max)
Side Yard (min)
4
Rear Yard (min)
6
Building Height (max)
15
For multiple dwelling units and other non-residential uses where on-site services
are proposed, or where partial services are available, lot size and frontage
requirements will be approved in consultation with the Department of Government
Services and Lands.
Residential development shall conform to the standards and conditions of the
Residential Use Zone.
Schedule C
Use Zane Tables
page 12
2.
Abutting Zone Provisions
Where a lot located within the Mixed Development zone abuts a lot in the Residential,
Open Space Conservation use zones, or the Trailway Corridor, the following standards
shall apply:
a)
The minimum setback of the commercial use from the abutting lot line shall
be 10 m.
b)
No open storage or outdoor display shall be pennitted in an abutting yard
in the commercial use zone.
c)
No portion ofa parking space within a commercial zone shall be pennitted
in any abutting yard except where a 2 m high fence is provided in which
case there shall be no parking within 1. 5 m of the side or rear lot line in the
commercial zone.
3.
Buffer for Residential Uses
Where a proposed non-residential use abuts a residential use within the Mixed
Development Use Zone, Council may require a screen or barrier such as a fence,
landscaped embankment, or trees to be erected on the non-residential site along the lot
lines, consistent with the visibility requirements for traffic safety. Alternatively, Council
may increase the sideyard and rearyard requirements on the non-residential site to provide
additional separation from the abutting residential use.
4.
Commercial Residential
Commercial residential uses shall be limited to accommodations for use by the travelling
public.
5.
Landscaping and Surfacing
Lots shall be landscaped or provided with a stable surface to prevent raising or movement
of dust, clay, mud and loose particles.
6.
Light Industry
Light Industry uses may be pennitted as Home Occupations where they can meet the
requirements ofRegulation 35, Part ill of these regulations.
7.
Mobile Homes
Mobile homes will be limited to development on single lots according in accordance with
Condition 7 of the Residential Use Zone Table.
Schedt4le C
Use Zone Tables
page 13
8.
Outdoor Storage
In addition to Regulation 46, Part ill of these Regulations, the Authority may permit open
storage of materials, goods and machinery, provided the following conditions are met:
i)
Open storage shall not occupy more than 50% of the site area and shall not
be located in the front yard or in any required buffer areas.
ii)
Open storage areas shall be enclosed by a wall or fence not less than 2
metres in height constructed of uniform materials approved by the
Authority.
iii)
Open storage shall be maintained with a stable surface to prevent raising or
movement of dust, clay, mud and loose particles.
iv)
Open storage of vehicles and equipment shall not be permitted except that
transport vehicles may be parked in the open.
9.
Service Stations
See Regulation 52, Part ill - General Development Standards.
10.
Signs
In addition to the requirements of Part IV of these regulations, no sign shall exceed 3
square metres in area.
Schedu/eC
Use Zone Tables
page 14
PERMITTED USE CLASSES -
(see Regulation 93)
DISCRETIONARY USE CLASSES - (see
Regulations 12 Part II and 94)
>Antenna
>Catering (See Condition 2)
>Commercial Residential (See Condition 3)
>Conservation
>Passenger Assembly
>Service Station
>Convenience Store (See Condition 4)
>Recreational Open Space (See Condition 7)
>Utilities
Refer to Come By Chance Municipal Plan, Section 3.3.J General Development Policies, and
Section 3. 3. 5 Highway Commercial area policies.
Conditions
Building Line Setback (m)
Side Yard (min) (except where
buildings are built with adjoining party
walls)
Rear Yard (min)
Building Height (max)
10 (min)
5 and 1
10
15
For uses where on-site services are proposed, or where partial services are
available, lot size and frontage requirements will be approved in consultation with
the Department of Government Services and Lands.
2.
Catering
Taverns and lounges shall be permitted only where they are to be included as part of, and
within the building envelope, of a commercial accommodations establishment.
3.
Commercial Residential
Commercial residential uses shall be limited to hotels and motels.
4.
Convenience Store
Convenience stores may be permitted as part of Service Station where the convenience
store is located within the building envelope of the service station.
Schedu/eC
Use Zone Tables
page 15
5.
Servicing
All unserviced development proposals require approval from the Department of
Government Services and Lands for on-site well and septic systems.
6.
Signs
In addition to the requirements of Part IV of these regulations, no sign shall exceed 5
square metres in area.
7.
Trailer Establishments
A campground in the form of a trailer establishment as defined in the Tourist
Establishment Regulations may be permitted provided that
a)
the Establishment is located to the rear of a permitted use in the zone and is
buffered from other uses in the zone by natural vegetation, landscaped
areas, screens or fences, accessory buildings and other means as may be
required by the Authority.
b)
The establishment shall not be visible from areas designated primarily for
residential, commercial, or recreational uses in the Municipal Plan.
c)
The establishment shall be buffered from any use or source of activity
which generates excessive noise or movement by a noise buffer in the form
of a separation distance, berm or other type which reduces noise levels on
the establishment site to acceptable levels.
d)
The establishment shall be sited so that no nuisance or hazard is created for
residential uses because of traffic to and from the establishment.
Where direct access to the Trans Canada Highway is proposed, such access must
be approved by the Highway Design and Construction Division of the Department
of Works, Services and Transportation.
Schedule C
Use Zone Tabks
page 16
PERMITIED USE CLASSES -
(see Regulation 93)
DISCRETIONARY USE CLASSES - (see
Regulations 12 Part II and 94)
>Apartment (See Condition 2)
>General Industry
>Light Industry
>Office
>Service Station (See Condition 8)
>Antenna
>shop (See Condition 9)
>Catering (see Condition 9)
>Educational (See Condition 3)
>General Service (See Condition 9)
>Hazardous Industry (See Condition 4)
>Recreational Open Space
>Solid Waste (See Condition 4)
>Utilities
Refer to Come By Chance Municipal Plan, Section 3. 3.1 General Development Policies, and
Section 3. 3. 6 lndustrial area policies.
Conditions
1.
Development Standards
Building Line Setback (m)
Side Yard (min) (except where
buildings are built with adjoining party
walls)
Rear Yard (min)
Building Height (max)
IO (min)
5 and I
15
15
For uses where on-site services are proposed, or where partial services are
available, lot size and frontage requirements will be approved in consultation with
the Department of Government Services and Lands.
2.
Apartments
A single apartment dwelling unit shall be permitted provided it is occupied by a person(s)
whose continuous presence on the premises is essential for the safety and security of the
use.
3.
Educational
Educational uses shall be limited to industrial/trade training schools and facilities.
Schedu/eC
Use Zone Tables
page 17
4.
Hazardous Industry, Recycling Uses
Hazardous industrial, recycling uses shall be required to submit and upon approval,
implement an environmental protection plan to minimize any environmental impacts on the
community and other surrounding land uses.
5.
Industrial Streets and Services
All industrial and light industrial uses must be provided with streets and municipal services
designed for industrial use including fire fighting capability. Any industrial establishment
must provide adequate off-street parking facilities for all employees. Customer parking ·
may be provided in the street right-of-way by the construction of suitable bays in which
parked vehicles will not interfere with moving traffic.
6.
Landscaping
All land except that used for customer parking and vehicle access shall be landscaped and
maintained by the owner or occupier to the satisfaction of the Authority.
7.
Outdoor Storage
Storage is not permitted in front yards. It may be permitted in side yards and/or
backyards. Council may require fencing or other form of screening where quantity and/or
type of material would lead to unsightly appearance.
8.
Service Stations
See Regulation 52, Part III - General Development Standards.
9.
Shop, Catering and General Service Commercial Uses
Retail sales outlets, general service and catering uses shall only be permitted if they are
accessory to an industrial use or they directly service the industrial uses or their
employees.
10.
Signs
In addition to the requirements of Part IV of these regulations, no sign shall exceed 5
square metres in area.
11.
Storage and Screening of Refuse Containers
No portion of any lot in a commercial use zone shall be used for the collection or storage
of refuse unless the refuse container is screened by fence or similar structure.
12.
Storage of Flammable Liquids
All uses and structures for the on-site bulk storage of flammable liquids shall conform to
the requirements of the Provincial Fire Commissioner and shall be surrounded by such
buffers and landscaping as the Authority may require in order to prevent damage to
adjacent uses by fire, explosion or spillage of flammable liquids.
Schedule C
Use Zone Tables
page 18
PERMITI'ED USE CLASSES -
(see Regulation 93)
DISCRETIONARY USE CLASSES - (see
Regulations 12 Part II and 94)
>Agriculture
>Conservation
>Forestry
>Antenna
>Cemetery
>General Industry (See Condition I)
>Mineral Working (See Condition 2)
>Outdoor Assembly
>Recreational Open Space
>Transportation (See Condition 4)
>Utilities
Refer to Come By Chance Municipal Plan, Section 3. 3.1 General Development Policies, and
Section 3. 3. 7 Rural and Resource Uses.
Conditions
1.
General Industry
Where land fronts on the marine shoreline, general industrial uses shall be limited to
marine-related uses. In other areas where the land is zoned Rural general industrial uses
shall be restricted to the maintenance and repair of equipment, processing and storage
related to agriculture, forestry or mineral working uses which
a)
Do not require municipal services
b)
Are extensive users ofland for open storage and handling of materials,
goods and equipment.
c)
Would create nuisances iflocated in an urban area because of appearance,
noise, heavy truck traffic, or other features of the operations.
No warehousing or wholesale and retail sales activities shall be permitted.
2.
Mineral Workings
The following conditions shall apply to the development of mineral workings in the Rural
Use Zone:
a)
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 permitted to locate or expand, closer than the minimum
distances set out below to the specified development or natural feature:
Schedule C
Use Zcne Tables
Existing or proposed Residential Development
Any other developed area or area likely to be developed
during the life of the pit or quarry working
Public highway or street
Protected Road
Waterbody or watercourse
Recreational Trail or other recreational facilities
page 19
300 metres (985 ft)
150 metres (500 ft)
50 metres (165 ft)
90 metres (3 00 ft)
SO metres (165 ft)
50 metres (165 ft)
b)
Effective tree screens of a minimum of 30m shall be constructed and maintained
around the periphery of any mineral working. Where trees are not present to create
an effective screen, Council may require the installation of a landscaped embank-
ment or fence, particularly where the workings are visible from the Trans Canada
Highway.
c)
Fencing - The Authority may require the mineral working site or excavated areas
of a pit or quarry to be enclosed by a fence designed and constructed to its
specifications and no less that I. 8 m in height.
d)
Topsoil removed for mineral working shall be retained for restoration of the site.
e)
No mineral working shall be conducted which causes danger or nuisance to the
public.
f)
Proposed mineral working operations will be evaluated carefully by Council in
conjunction with the Department of Mines and Energy.
g)
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in a watercourse or water body. Any access road which
crosses a watercourse shall be bridged or culverted according to the regulations of
the Department of Environment.
h)
No mineral working shall result in the excavation ofland below the level of the
water table nor cause the ponding of water. However, settling ponds may be
permitted with the approval of the Department of Environment.
i)
No mineral working shall be carried out in a manner which causes the erosion of
adjacent land.
j)
The mineral working shall be kept clean of refuse, abandoned vehicles and
equipment, and derelict buildings.
Schedule C
Use Zone Tables
page 20
k)
Upon completion of mineral working, and when there is no intention to re-open
such operations, all buildings and machinery shall be removed from the site, the
site restored so as not to constitute a danger to the public or present an unsightly
appearance, and access roads ditched or barred to the satisfaction of the Authority.
Operating Plan and Associated Processing and Manufacturing
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
now is liable to become a nuisance or offensive by the creation of noise or vibration, or by
reason of the emission of fumes, dust, dirt, objectionable odour, or by reason of unsightly
storage of materials.
All permanent or temporary buildings, plants and structures associated with processing
and manufacturing will be located so as not to interfere with the resent or future extraction
of aggregate re~ources
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.
Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried out by the
operation:
a)
b)
c)
All buildings, machinery and equipment shall be removed.
All pit and quarry slopes shall be graded to slopes less than 20° or to the
slope conforming to that existing prior to the mineral working.
Topsoil and any organic materials shall be respread over the entire quarried
area.
d)
The access road to the working shall be ditched or barred to the
satisfaction of the Authority.
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.
3.
Screening
The Authority may require scrap yard or solid waste storage or disposal site to be
enclosed by a fence designed and constructed to its specifications and no less than 1.8
meters in height.
4.
Transportation
Transportation uses shall be limited to docks and wharves.
&hedu/eC
Use Zone Tables
page 21
5.
Waste Disposal Site
Applications for development located within 1.6 km of the Come By Chance Municipal
Waste Disposal Site shall be forwarded to the Department of Government Services and
Lands for review and approval.
6.
Waterways
No development will be permitted within 15 metres of rivers or streams or within 3 0
metres of the shoreline of any waterbody.
a)
Where natural topography creates a visual screen between a scrap yard or
solid waste storage of disposal site and adjacent public highways and
streets or other land uses (excepting forestry and agriculture), additional
screening may not be required.
b)
Where effective screening for any scrap yard or solid waste disposal or
storage use cannot be installed or located as required in (a) - ( c) above, or
where the site is highly visible from a distance the Authority may refuse to
permit the use or associated activity.
7.
Mineral Exploration
See Regulation 41, Part III General Development Standards.
Schedule C
PERMI'ITED USE CLASSES -
(see Regulation 93)
>Conservation
Use Zone Tables
page 22
DISCRETIONARY USE CLASSES -(see
Regulations 12 Part II and 94)
>Antenna
>Recreational Open Space (See Condition 1)
>Transportation (See Condition 3)
>Utilities
Refer to Come By Chance Municipal Plan, Section 3. 3.1 General Development Policies,
Section 3.3.8 Conservation.
Conditions
I.
Recreational Open Space
Recreational open space uses shall be limited to passive recreation use as nature parks,
which may include facilities such as picnic grounds, parking areas and small playgrounds.
2.
Wetland Stewardship Area
All applications for development within the area included in the Municipal Wetland
Stewardship Agreement Area shall be considered in consultation with the Wildlife
Division, Department of Forest Resources and Agrifoods.
3.
Wharves and Docks
Wharves and docks may be permitted along the coastline of Come By Chance Bay and in
Come By Chance Gut where it can be shown that the development will not have a
negative impact on the environment or reduce or harm fish and waterfowl habitat. Such
development will require a referral to the Department of Fisheries and Oceans and the
Wildlife Division, Department of Forest Resources and Agrifoods.
Schedule C
PERMITTED USE CLASSES -
(see Regulation 93)
>Conservation
Use Zone Tabk-
page 23
DISCRETIONARY USE CLASSES - (see
Regulations 12 Part II and 94)
>Antenna (See Condition I)
>Recreational Open Space (See Condition J)
>Utilities (See Condition 1)
Refer to Come By Chance Municipal Plan Section 3. 3.1 General Development Policies, and
Section 3.3.9 Watershed Protection.
Conditions
1.
Referral to Department of Environment
Proposals for development in the Come By Chance Protected Water Supply Watershed
shall be referred to the Water Resources Division, Department of Environment for
evaluation of the effect of the proposal on water quality. No development shall be
pennitted which has the potential to impair the quality and safety of the public water
supply.
·Schedule C
PERMITTED USE CLASSES -
(see Regulation 93)
>Conservation
Use Zone Tables
page 24
DISCRETIONARY USE CLASSES - (see
Regulations 12 Part II and 94)
>Agriculture
>Antenna
>Forestry
>General Industry (See Condition 1)
>Mineral Working (See Condition 2)
>Recreational Open Space
Refer to Come By Chance Municipal Plan Section 3. 3.1 General Development Policies, and
Section 3.3.9 Watershed Protection.
Conditions
L
General Industry
The Authority shall consult with the Refinery Operator or other industrial users of the
Refinery watershed prior to making a decision on any application for general industry use
within the refinery watershed. General industry uses within the refinery watershed shall be
limited to sites that front on the Refinery Road.
2.
Mineral Working
Mineral Workings shall conform to the applicable conditions set out in the Rural Use Zone
table.
4.
Referral of Applications
All applications for development within the refinery watershed shall be referred to the
North Atlantic Refinery Limited for recommendation on the impact of the proposed use
on the refinery watershed.
Schedule C
PERMITTED USE CLASSES -
(see Regulation 93)
>Conservation
Use Zone Tables
page 25
DISCRETIONARY USE CLASSES· (see
Regulations 12 Part Il and 94)
>Recreational Open Space (See Condition J)
Refer to Come By Chance Municipal Plan, Section 3. 3.1 General Development Policies, and
Section 3.3.JO. T'Railway Recreation Corridor.
Conditions
l.
Referral to Department of Tourism, Culture and Recreation
Proposals for development in the Newfoundland T'Railway Provincial Park shall be
referred to the Parks and Natural Areas Division, Department of Tourism, Culture and
Recreation for review and recommendation. No development shall be permitted within the
T'Railway right-of-way without the permission of the Parks and Natural Areas Division.
2.
Referral to the Department of Environment
Proposals for development of the Newfoundland T'Railway Provincial Park where it
passes through the Come By Chance Protected Water Supply Area shall be referred to the
Water Resources Division, Department of Environment.
SCHEDULED
1.
Unless otherwise specified in the Use Zone Tables in Schedule C, the offstreet parking
requirements for uses in the various use classes listed in Schedule B shall be as set out in
the following table.
2.
In the case of developments including uses in more than one use class, these standards
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 education, passenger assembly,
child care, medical treatment and special care, commercial residential and take-out food
service use classes.
Theatre
Culrural and Civic
General Assembly
Educational
Place of Worship
Passenger Assembly
Club and Lodge
Catering
Funeral Home
Child Care
One space for every 5 seats.
One space for every 50 square metres of gross floor areas.
One space for every 10 square metres of gross floor area.
Schools - 2 spaces for every classroom.
Further education - I space for every 5 persons using the facilities (students,
faculty and staft}
One space for every 5 seats.
As specified by the Authority.
One space for every 3 persons that may be accommodated at one time.
One space for every 3 customers that may be accommodated at one time.
One space for every IO square metres of gross floor area.
One space for every 20 square metres of gross floor area.
Amusement
Indoor Assembly
Outdoor Assembly
Penal and Correctional
Detention
One space for every 10 square metres of gross floor area.
One space for every 10 spectators that may be accommodated at one time.
As specified by the Authority.
As specified by the Authority.
Medical Treatment and Special
One space for every 2 patients.
Care
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 2-dwelling units.
Collective Residential
As specified by the Authority.
Commercial Residential
One space for every guest room.
Seasonal Residential
One space for every residential unit.
Manufactured Housing
Two spaces for every dwelling unit.
Office
One space for every 20 square metres of gross floor area.
Medical and Professional
One space for every 20 square metres of gross floor area.
Personal Service
One space for every 20 square metres of gross floor area.
General Service
One space for every 20 square metres of gross floor area.
Communications
As 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 square metres of gross floor area.
Veterinary
One space for every 20 square metres of gross floor area.
Shopping Centre
One space for every 15 square metres of gross floor area.
Shop
One space for every 20 square metres of gross floor area.
Indoor Market
As specified by the Authority.
Outdoor Market
As specified by the Authority.
Convenience Stores
One space for every 20 square metres of gross floor area.
Hazardous Industry
One space for every employee.
General lndustry
One space for every employee.
Service Station
One space for every 20 square metres of gross floor area.
Light Industry
One space for every employee.
SCHEDULEE