Cormack, Newfoundland and Labrador
· adopted 2007-11-23
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CORMACK DEVELOPMENT REGULATIONS
In Effect: November 23, 2007
(Published in the Newfoundland Gazette)
CONSOLIDATED AMENDMENTS as of July 22, 2014
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Table of Contents
1. Short Title .......................................................................................................................... 15
2. Interpretation ...................................................................................................................... 15
3. Commencement ................................................................................................................. 15
4. Development Regulations Under the Urban and Rural Planning Act 2000 - "Ministerial
Regulations" .............................................................................................................................. 15
5. Municipal Code and Regulations ....................................................................................... 15
6. Town .................................................................................................................................. 15
7. Compliance With Regulations ........................................................................................... 16
8. Permit Required ................................................................................................................. 16
9. Permit to be Issued ............................................................................................................. 16
10. Permit Not to be Issued in Certain Cases Unless Developer Pays Costs........................... 16
11. Discretionary Powers of Town .......................................................................................... 16
12. Variances by Town (see Ministerial Development Regulations, Section 12) ................... 16
13. Service Levy ...................................................................................................................... 16
14. Financial Guarantees by Developer ................................................................................... 17
15. Dedication of Land for Public Use .................................................................................... 17
16. Reinstatement of Land ....................................................................................................... 17
17. Form of Application ........................................................................................................... 18
18. Register of Application ...................................................................................................... 18
19. Deferment of Application .................................................................................................. 18
20. Approval in Principle ......................................................................................................... 18
21. Development Permit .......................................................................................................... 18
22. Reasons for Refusing Permit ............................................................................................. 19
23. Notice of Application ......................................................................................................... 19
24. Right of Entry .................................................................................................................... 20
25. Record of Violations .......................................................................................................... 20
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26. Stop Work Order and Prosecution ..................................................................................... 20
27. Appeals .............................................................................................................................. 20
PART II - GENERAL DEVELOPMENT STANDARDS .......................................................... 21
28. Accesses and Service Streets ............................................................................................. 21
29. Accessory Buildings .......................................................................................................... 21
Accessory buildings shall be clearly incidental and complementary to the use of the main
buildings in character, use and size, and shall be contained on the same lot. ........................... 21
30. Accessory Uses .................................................................................................................. 21
31. Advertisements and Signs .................................................................................................. 22
32. Advertisements Exempt from Control ............................................................................... 23
33. Advertisements - Temporary and/or Portable Signs ......................................................... 24
34. Advertisements and Signs near Highways ......................................................................... 25
35. Advertisements Relating to Onsite Uses............................................................................ 25
36. Advertisements Relating to Offsite Uses ........................................................................... 25
37. Agriculture and Farming .................................................................................................... 25
39. Archaeological Resources and Heritage Sites and Areas .................................................. 27
40. Buffers - Non-Residential ................................................................................................. 27
41. Building Line and Setback ................................................................................................. 27
42. Buildings on a Lot and Farm Dwelling Exemption ........................................................... 28
43. Discretionary Use Classes.................................................................................................. 28
44. Family and Group Care Centres ........................................................................................ 28
45. Fences ................................................................................................................................ 28
46. Forestry .............................................................................................................................. 30
47. Lot Area ............................................................................................................................. 31
48. Lot Area and Size Exceptions ............................................................................................ 31
49. Lot Frontage ....................................................................................................................... 31
50. Mineral Exploration ........................................................................................................... 31
51. Non-Conforming Uses ....................................................................................................... 32
52. Non-Conforming Use - Discontinuance ............................................................................ 32
53. Offensive and Dangerous Uses .......................................................................................... 32
54. Parking and Offstreet Loading Requirements.................................................................... 32
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55. Parks and Playgrounds ....................................................................................................... 33
56. Screening and Landscaping ............................................................................................... 33
57. Seismic Station Buffer ....................................................................................................... 33
58. Services and Public Utilities .............................................................................................. 33
59. Side Yards .......................................................................................................................... 33
60. Site Development ............................................................................................................... 33
61. Site Development Quarry and Soil Removal ..................................................................... 33
62. Solid Waste Disposal Site Buffer ...................................................................................... 34
63. Street Construction Standards ............................................................................................ 34
64. Subsidiary Apartments ....................................................................................................... 34
65. Subsidiary Dwelling (see also Regulation 31 - Accessory Buildings).............................. 34
66. Unserviced Development ................................................................................................... 35
67. Unsubdivided Land ............................................................................................................ 35
68. Waterways and Wetlands ................................................................................................... 35
69. Wind Mills, Wind Turbines, Wind Farms ......................................................................... 35
PART III - SUBDIVISION OF LAND........................................................................................ 37
70. Permit Required ................................................................................................................. 37
71. Services to be Provided ...................................................................................................... 37
72. Payment of Service Levies and Other Charges .................................................................. 37
73. Issue of Permit Subject to Considerations ......................................................................... 37
74. Building Permits Required ................................................................................................. 37
75. Form of Application ........................................................................................................... 38
76. Subdivision Subject to Zoning ........................................................................................... 38
77. Building Lines .................................................................................................................... 38
78. Land for Public Open Space .............................................................................................. 38
79. Structure in Street Reservation .......................................................................................... 39
80. Subdivision Design Standards ........................................................................................... 39
81. Engineer to Design Works and Certify Construction Layout ............................................ 40
82. Developer to Pay Engineer's Fees and Charges ................................................................ 40
83. Street Works May Be Deferred.......................................................................................... 40
84. Transfer of Streets and Utilities to Town ........................................................................... 41
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85. Restriction on Sale of Lots ................................................................................................. 41
86. Grouping of Buildings and Landscaping ........................................................................... 41
87. Use Zones........................................................................................................................... 43
88. Use Classes ........................................................................................................................ 43
89. Permitted Uses ................................................................................................................... 43
90. Discretionary Uses ............................................................................................................. 43
91. Uses not Permitted - Prohibited Uses ................................................................................ 43
SCHEDULE A .............................................................................................................................. 44
SCHEDULE B .............................................................................................................................. 53
SCHEDULE C: USE ZONE TABLES........................................................................................ 60
ZONE TITLE: RESIDENTIAL HOBBY FARM (RHF) (Cormack) .... Error! Bookmark not
defined.
ZONE TITLE: MIXED USE DEVELOPMENT (MD) (Cormack) ........................................ 67
ZONE TITLE: COMMUNITY CENTRE (CC) (Cormack) .................................................... 73
ZONE TITLE: RURAL MIXED (RM) (Cormack) ................................................................. 77
ZONE TITLE: HIGHWAY COMMERCIAL (HC) (Cormack) ............................................ 84
ZONE TITLE: AGRICULTURE (A) (Cormack) .................................................................... 88
ZONE TITLE: MINERAL WORKINGS ZONE (MW) ......................................................... 95
ZONE TITLE: RESOURCE DEVELOPMENT (RD) ............................................................ 99
ZONE TITLE: COMPREHENSIVE RESOURCE DEVELOPMENT AREA (CRDA) ....... 104
USE ZONE TABLE: ENVIRONMENTAL PROTECTION - HIGHWAY (EP-H) ZONE 109
ZONE TITLE ENVIRONMENTAL PROTECTION ............................................................ 110
MAPS: Land use Zoning Maps 1 and 2.
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NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001 )
Under the authority of section 36 of the Urban and Rural Planning Act , 2000, I make the
following regulations.
Dated at St. John's , January 2, 2001 .
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1.
Short title
2.
Definitions
3.
Application
4.
Interpretation
5.
Notice of right to appeal
6.
Appeal requirements
7.
Appeal registration
8.
Development prohibited
9.
Hearing notice and meetings
10.
Hearing of evidence
11.
Board decision
12.
Variances
13.
Notice of variance
14.
Residential non conformity
15.
Notice and hearings on change of use
16.
Non-conformance with standards
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17.
Discontinuance of non-conforming use
18.
Delegation of powers
19.
Commencement
Short title
1.
These regulations may be cited as the Development Regulations.
Definitions
2.
In these regulations,
(a)
"Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000 ;
(b)
"applicant" means a person who has applied to an authority for an approval or permit to
carry out a development;
(c)
"authority" means a council, authorized administrator or regional authority; and
(d)
"development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
Application
3.
(1) These regulations shall be included in the development regulations of an authority and
shall apply to all planning areas.
(2)
Where there is a conflict between these regulations and development regulations or other
regulations of an authority, these regulations shall apply.
(3)
Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
Interpretation
4.
(1) In development regulations and other regulations made with respect to a planning area
the following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the street;
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, located on the same lot as the
main building to which it is an accessory and which has a use that is customarily incidental or
complementary to the main use of the building or land,
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(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and
television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
(c)
"accessory use" means a use that is subsidiary to a permitted or discretionary use and that
is customarily expected to occur with the permitted or discretionary use;
(d)
"building height" means the vertical distance, measured in metres from the established
grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks, steeples and purely
ornamental structures above a roof;
(e)
"building line" means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that a building may be placed;
(f)
"discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations;
(g)
"established grade" means,
(i)
where used in reference to a building, the average elevation of the finished surface of the
ground where it meets the exterior or the front of that building exclusive of any artificial embankment or
entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure, exclusive of any artificial embankment
or entrenchment;
(h)
"floor area" means the total area of all floors in a building measured to the outside face of
exterior walls;
(i)
"frontage" means the horizontal distance between side lot lines measured at the building
line;
(j)
"lot" means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building;
(k)
"lot area" means the total horizontal area within the lines of the lot;
(l)
"lot coverage" means the combined area of all building on a lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total area of the lot;
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(m)
"non-conforming use" means a legally existing use that is not .listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the development standards
for that use zone;
(n)
"owner" means a person or an organization of persons owning or having the legal right to
use the land under consideration;
(o)
"permitted use" means a use that is listed within the permitted use classes set out in the
use zone tables of an authority's development regulations;
(p)
"prohibited use" means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority specifies as not permitted within a use zone;
(q)
"sign" means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of advertisement,
announcement or direction and excludes those things employed wholly as a memorial, advertisements of
local government, utilities and boarding or similar structures used for the display of advertisements;
(r)
"rear yard depth" means the distance between the rear lot line and the rear wall of the
main building on a lot;
(s)
"side yard depth" means the distance between the side lot line and the nearest side wall of
a building on the lot;
(t)
"street" means a street, road, highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency vehicles;
(u)
"street line" means the edge of a street reservation as defined by the authority having
jurisdiction;
(v)
"use" means a building or activity situated on a lot or a development permitted on a lot;
(w)
"use zone" or "zone" means an area of land including buildings and water designated on
the zoning map to which the uses, standards and conditions of a particular use zone table apply;
(x)
"variance" means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use Zone Table of the
authority's regulations; and
(y)
"zoning map" means the map or maps attached to and forming a part of the authority's
regulations.
(2)
An authority may, in its discretion, determine the uses that may or may not be developed
in a use zone and those uses shall be listed in the authority's regulations as discretionary, permitted or
prohibited uses for that area.
Notice of right to appeal
5.
Where an authority makes a decision that may be appealed under section 42 of the Act,
that authority shall, in writing, at the time of making that decision, notify the person to whom the decision
applies of the
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(a)
person's right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6.
(1) The secretary of the board at the Department of Municipal and Provincial Affairs,
Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., A1B 4J6 is the
secretary to all boards in the province and an appeal filed with that secretary within the time period referred
to in subsection 42(4) of the Act shall be considered to have been filed with the appropriate board.
(2)
Notwithstanding subsection (1), where the City of Corner Brook , City of Mount Pearl or
City of St. John's appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed with
the secretary of that appointed board.
(3)
The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or (2) within the 14 days
referred to in subsection 42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection 44(3) of the
Act, retain the fee paid to the board.
(5)
Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be considered to
have been forfeited.
Appeal registration
7.
(1) Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 6(1) and (2), shall immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
(3)
Where an authority has been notified of an appeal that authority shall forward to the
appropriate board a copy of the application being appealed, all correspondence, council minutes, plans and
other relevant information relating to the appeal including the names and addresses of the applicant and
other interested persons of whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board shall
publish in a newspaper circulated in the area of the appropriate authority, a notice that the appeal has been
registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks before
the date upon which the appeal is to be heard by the board.
Development prohibited
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8.
(1) Immediately upon notice of the registration of an appeal the appropriate authority
shall ensure that any development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, an authority shall not carry out work related to the matter being appealed.
Hearing notice and meetings
9.
(1) A board shall notify the appellant, applicant, authority and other persons affected by
the subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date
scheduled for the hearing of the appeal.
(2)
A board may meet as often as is necessary to conduct its work in an expeditious manner.
Hearing of evidence
10.
(1) A board shall meet at a place within the area under its jurisdiction and the appellant
and other persons notified under subsection 9(1) or their representative may appear before the board and
make representations with respect to the matter being appealed.
(2)
A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as evidence directly
provided at the hearing of the board.
(4)
In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
Board decision
11.
A decision of the board must comply with the plan, scheme or development regulations
that apply to the matter that has been appealed to that board.
Variances
12.
(1) Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development regulations, an authority
may, in its discretion, vary the applicable development standards to a maximum of 10% if, in the
authority's opinion, compliance with the development standards would prejudice the proper development
of the land, building or structure in question or would be contrary to public interest.
(2)
An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances made or to be
made with respect to the same land, building or structure, would have a cumulative effect that is greater
than a 10% variance even though the individual variances are separately no more than 10%.
(3)
An authority shall not permit a variance from development standards where the proposed
development would increase the non conformity of an existing development.
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Notice of variance
13.
Where an authority is to consider a proposed variance, that authority shall give written
notice of the proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
Residential non conformity
14.
A residential building or structure referred to in paragraph 108(3)(g) of the Act must,
where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
Notice and hearings on change of use
15.
Where considering a non conforming building, structure or development under paragraph
108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming building,
structure or development, an authority, at the applicant's expense, shall publish a notice in a newspaper
circulating in the area or by other means give public notice of an application to vary the existing use of a
non-conforming building, structure or development and shall consider any representations or submissions
received in response to that advertisement.
Non-conformance with standards
16.
Where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not be expanded if the
expansion would increase the non-conformity and an expansion must comply with the development
standards applicable to that building, structure or development.
Discontinuance of non-conforming use
17.
An authority may make development regulations providing for a greater period of time
than is provided under subsection 108(2) of the Act with respect to the time by which a discontinued non-
conforming use may resume operation.
Delegation of powers
18.
An authority shall, where designating employees to whom a power is to be delegated
under subsection 109(3) of the Act, make that designation in writing.
Commencement
19.
These regulations shall be considered to have come into force on January 1, 2001 .
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TOWN OF CORMACK MUNICIPAL PLAN
(DEVELOPMENT REGULATIONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Town of Cormack Development Regulations.
2. Interpretation
1) Words and phrases used in these Regulations shall have the meanings ascribed to
them in Schedule A
2) Words and phrases not defined in Schedule A shall have the meanings which are
commonly assigned to them in the context in which they are used in the
Regulations.
3. Commencement
These Regulations come into effect throughout the Town of Cormack Municipal
Planning Area, hereinafter referred to as the Planning Area, on the date of publication of
a notice to that effect in the Newfoundland Gazette.
4. Urban and Rural Planning Act 2000 - "Ministerial Regulations"
The Ministerial Regulations enacted under Section 36 of the Act shall apply to
development within the Planning Area. Where this is conflict between these and the
Town of Cormack Development Regulations, the Ministerial Regulations shall prevail.
The Ministerial Regulations are included with the Town of Cormack Development
Regulations.
5. Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and
any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or
any other municipal regulations regulating or controlling the development, conservation
and use of land in force in the Town of Town of Cormack, shall, under these regulations
apply to the entire Planning Area.
6. Town
In these Regulations, "Town" means the Council of the Town of Cormack.
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PART I - GENERAL REGULATIONS
7. Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance with
these Regulations.
8. Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has been
issued by the Town.
9. Permit to be Issued
Subject to Regulations 10 and 11, a permit shall be issued for development within the
Planning Area that conforms to the requirements of these regulations.
10. Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the
Planning Area when in the opinion of the Town 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 Town and such cost shall attach to and upon the property in respect of
which it is imposed.
11. Discretionary Powers of Town
In considering an application for a permit or for approval in principle to carry out
development, the Town shall take into account the policies expressed in the Municipal
Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the
general appearance of the development of the area, the amenity of the surroundings,
availability of utilities, public safety and convenience, and any other considerations
which are, in its opinion, material, and notwithstanding the conformity of the application
with the requirements of these Regulations, the Town may, in its discretion, and as a
result of its consideration of the matters set out in this Regulations, conditionally approve
or refuse the application.
12. Variances by Town (see Ministerial Development Regulations, Section 12)
13. Service Levy
(1) The Town 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.
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(2) A service levy shall not exceed the cost, or estimated cost, including finance charges
to the Town of construction or improving the public works referred to in Regulation
13(1) that are necessary for the real property to be developed in accordance with the
standards required by the Town and for uses that are permitted on that real property.
(3) A service levy shall be assessed on the real property based on:
a) the amount of real property benefited by the public works related to all the
real property so benefited; and,
b) the density of development made capable or increased by the public work.
(4) The Town 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 Town may decide.
14. Financial Guarantees by Developer
(1) The Town may require a developer before commencing a development to make such
financial provisions and/or enter into such agreements as may be required to
guarantee the payment of engineering and other consultants' fees, service levies,
ensure site reinstatement, and to enforce the carrying out of any other condition
attached to a permit or license.
(2) The financial provisions pursuant to Regulation 14(1) may be made in the form of:
a) a cash deposit from the developer, to be held by the Town, or;
b) a guarantee by a bank, or other institution acceptable to the Town, for
expenditures by the developer, or;
c) a performance bond provided by an insurance company or a bank, or;
d) an annual contribution to a sinking fund held by the Town.
15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Part III (Subdivisions), the
Town may require the dedication of a percentage of the land area of any subdivision or
other development for public use, and such land shall be conveyed to the Town in
accordance with the provisions of the Act.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the Town
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
18
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
Town and shall put the site in a clean and sanitary condition to the satisfaction of the
Town.
17. Form of Application
1) An application for a development permit or for approval in principle shall be
made only by the owner or by a person authorized by the owner to the Town on
such form as may be prescribed by the Town, and every application shall include
such plans, specifications and drawings as the Town may require, and be
accompanied by the permit fee required by the Town.
2) The Town shall, on request, supply to every applicant on a copy of the application
forms referred to in Regulation 17(1) and a description of the plans, specifications
and drawings required to be provided with the application.
18. Register of Application
The Town shall keep a public register of all applications for development, and shall enter
therein the Town's decision upon each application and the result of any appeal from that
decision.
19. Deferment of Application
(1) The Town may, with the written agreement of the applicant, defer consideration
of an application.
(2) Applications properly submitted in accordance with these Regulations which have
not been determined by the Town and on which a decision has not been
communicated to the applicant within eight weeks of the receipt thereof by the
Town, and on which consideration has not been deferred in accordance with
Regulation 19(1), shall be deemed to be refused.
20. Approval in Principle
(1) The Town may grant approval in principle for a subdivision or any other
development if, after considering an application for approval in principle made
under these Regulations, it is satisfied that the proposed development is, subject to
the approval of detailed plans, in compliance with these Regulations.
(2) Where approval in principle is granted under this Regulation, it shall be subject to
the subsequent approval by the Town of such details as may be listed in the
approval in principle, which shall also specify that further applications for
approval of these details shall be received not later than two years from the grant
of approval in principle.
21. Development Permit
(1) A plan or drawing which has been approved by the Town and which bears a mark
19
and/or signature indicating such approval together with a permit shall be deemed
to be permission to develop land in accordance with these Regulations but such
permission shall not relieve the applicant from full responsibility for obtaining
permits or approvals under any other regulation or statute prior to commencing
the development; from having the work carried out in accordance with these
Regulations or any other regulations or statutes; and from compliance with all
conditions imposed thereunder.
(2) The Town 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 Town 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
Town for further periods not exceeding two years.
(4) A permit is valid for such period, not in excess of two years, as may be stated
therein, and if the development has not commenced, the permit may be renewed
for a further period not in excess of one year, but a permit shall not be renewed
more than once, except in the case of a permit for an advertisement, which may be
renewed in accordance with Regulation 31 of these Regulations.
(5) The approval of any application and plans or drawings or the issue of a permit
shall not prevent the Town from thereafter requiring the correction of errors, or
from ordering the cessation, removal of, or remedial work on any development
being carried out in the event that the same is in violation of this or any other
regulations or statute.
(6) The Town 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 Town.
(8) There shall be kept available on the premises where any work, matter or thing in
being done for which a permit has been issued, a copy of the permit and any
plans, drawings or specifications on which the issue of the permit was based
during the whole progress of the work, or the doing of the matter or thing until
completion.
22. Reasons for Refusing Permit
The Town shall, when refusing to issue a permit or attaching conditions to a permit, state
the reasons for so doing.
23. Notice of Application
When a change in nonconforming use is to be considered (see also Ministerial
Regulations), or when the development proposed is listed as a discretionary use in
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Schedule C of the Regulations the Town shall, at the expense of the applicant, give notice
of an application for a permit or for approval in principle, by public advertisement in a
newspaper circulating in the area or by any other means deemed necessary.
When a variance is necessary under Regulation 12 (see also Ministerial Regulations), the
Town shall, at the expense of the applicant, give written notice to the property owners in
the immediate vicinity of the proposed variance.
24. Right of Entry
The Town, 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 Town is empowered to regulate.
25. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to
his knowledge and report that violation to the Town.
26. Stop Work Order and Prosecution
(1) Where a person begins a development contrary or apparently contrary to these
Regulations, the Town may order that person to stop the development or work
connected therewith pending find adjudication in any prosecution arising out of the
development.
(2) A person who does not comply with an order made under Regulation 26(1) is guilty
of an offence under the provisions of the Act.
27. Appeals
See Ministerial Regulations - Sections 5 to 11.
Where an appeal lodged under Section 42 of the Urban and Rural Planning Act has been
successful, the fee paid by the appellant shall be reimbursed by the Town.
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PART II - GENERAL DEVELOPMENT STANDARDS
28. Accesses and Service Streets
(1) Access shall be located to the specification of the Town so as to ensure the
greatest possible convenience and safety of the street system and the Town may
prescribe the construction of service streets to reduce the number of accesses to
collector and arterial streets.
(2) Any access to a Provincial Highway must be approved by the Department of
Transportation and Works.
(3) No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
29. Accessory Buildings
Accessory buildings shall be clearly incidental and complementary to the use of the main
buildings in character, use and size, and shall be contained on the same lot.
The minimum building line setback for an accessory building shall be that established for
buildings in Schedule C. However, the Town may reduce an accessory building setback to
six (6) metres where it is satisfied that such setback will not impede snow-clearing or road
maintenance.
The sideyard requirements set out in the use zone tables in these Regulations shall apply to
accessory building wherever they are located on the lot, but accessory buildings on two (2)
adjoining properties may be built to property boundaries provided that they be of fire
resistant construction and have a common firewall.
The rearyard requirement for accessory buildings shall be the same as the sideyard
requirements under regulation 20 (3) or as otherwise specified in Schedule C.
30. Accessory Uses
See also Schedule A - Definitions.
Subject to the other requirements of these Regulations, including those of Schedule C,
uses accessory to the permitted or discretionary uses are allowed.
Subject to Schedule C, examples of accessory uses include, but are not limited to:
a) facilities for the serving of food and alcoholic beverages in an arena or other place of
assembly, marina, or hotel (commercial - residential) and/or a gift or souvenir shop in
a museum, hotel or other establishment;
b) a general garage attached to or forming part of a car-dealership or other major retail-
wholesale outlet;
c) an office, convenience store and/or catering establishment in a campground;
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d) a marina, dock or wharf in a residential or other zone;
e) an accessory dwelling, accessory dwelling unit;
f) a business carried out in a dwelling or residential accessory building by a resident of
the dwelling;
g) a dwelling accessory to a non-residential permitted or discretionary use - for
example, a farm dwelling or a caretaker's dwelling.
These accessory uses shall be clearly subsidiary to and controlled so as to be compatible
with the primary use and the use of nearby properties.
31. Advertisements and Signs
The terms "advertisement" and "sign" are interchangeable.
(1) Permit Required - Unless specifically exempted, no advertisement shall be
erected or displayed in the Planning Area unless a permit for the advertisement is
first obtained from the Town, and, where necessary, from the Department of
Government Services.
(2) Form of Application - Application for a permit to erect or display an
advertisement shall be made to the Town in accordance with Regulation 17.
(3) Advertisements in Street Reservation - No advertisement shall be erected or
displayed within, on or over any highway or street reservation unless it is a
premises sign (advertisement relating to onsite uses) and where applicable, unless
this sign has been approved by the Town and the Department of Government
Services and/or the Department of Transportation and Works.
(4) Permit Valid for Limited Period
a. A permit shall be valid for a period of one year and failure by the
applicant to initiate construction before expiration of the first permit year
shall require reapplication to the Town.
b. Where, upon expiration of the first permit year a person wants the
continued placement of that sign, that person shall apply to the Town for a
renewed permit.
c. The Town may issue a renewed permit and that renewed permit shall be
valid for a period of three years, and this must subsequently be renewed
for further three year periods if the sign is to remain in place.
d. A renewed permit shall not be issued until the Town is satisfied that the
sign has been maintained to its satisfaction and conforms to these
Regulations and the conditions attached to the permit.
(5) Removal of Advertisements - Notwithstanding the provisions of these
Regulations, the Town may require the removal of any advertisement which, in its
opinion, is:
a. hazardous to road traffic by reason of its siting, colour, illumination,
maintenance or structural condition; or,
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b. detrimental to the amenities of the surrounding area.
(6) Signs - Non-Conforming Uses - A permit may be used for the erection or
display of advertisements on a building or within the courtyard of a building or on
a parcel of land, the use of which is a non-conforming use, provided that the
advertisement does not exceed the size and type of advertisement which could be
permitted if the development was in a Use Zone appropriate to its use, and subject
to any other conditions deemed appropriate by the Town.
(7) Prohibition - A sign shall not be erected, posted or placed:
a) where in the opinion of the Town, that sign would be hazardous to
road traffic by reason of its siting, illumination or structural condition;
b) where in the opinion of the Town that sign would be detrimental to the
amenities of surrounding areas or length of highway or road;
c) where that sign is not maintained to the satisfaction of the Town;
d) within or over a highway or street intersection unless otherwise
approved by the Town for Town roads, or by the Department of
Transportation and Works for roads under Provincial jurisdiction;
e) with the exception of premises advertisements, within 300 metres, or a
distance specified by the Department of Transportation and Works, or
the Town of the intersection of two or more highways and/or for Town
roads, or from the crossing of a public road;
f) at a location that is objectionable to residents of the immediate area;
and
g) on a sign erected by the Department of Transportation and Works.
(8) Signs or Advertisements Not Specifically Covered - If for some reason an
application is received for a sign or advertisement that does not fall into one of the
categories set out under these Regulations, then subject to the other applicable
requirements of these Regulations, the Town may approve, approve with
conditions, or refuse to approve the sign or advertisement.
32. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Town:
a) a posting of a candidate in a federal, provincial or municipal election or a regional
school board election;
b) a temporary sign relating to federal, provincial or municipal public works;
c) a notice required by law to be posted;
d) a regulatory, warning, directional, guide or informational sign erected by the
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Department of Transportation and Works;
e) a sign placed by a telephone, telegraph or electric power company to indicate danger;
f) a sign, note exceeding 0.5 m², advertising the sale or rental of a building or lot upon
which the sign is located;
g) a flag, emblem or insignia of a nation, country or province;
h) one temporary sign related to building construction located on a site on which the
work is being carried out;
i) on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
0.28 m² in area;
j) on an agriculture holding or farm, a notice board not exceeding 1.5 m² in area and
relating to the operations being conducted on the land;
k) on land used for forestry purposes, signs or notices not exceeding 1 m² in area and
relating to forestry operations or the location of logging operations conducted on the
land;
l) on land used for mining or quarrying operations, a notice board, not exceeding 1 m²
in area relating to the operation conducted on the land;
m) on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
0.28 m² in area in connection with the practice of a business carried on in the
premises;
n) on any site occupied by a church, school, library, art gallery, museum, institution or
cemetery, one notice board placed no closer than 3 metres from a street line;
o) on the principal façade of any commercial, industrial or public building, the name of
the building or the name of the occupants of the building, in letters not exceeding
one-tenth of the height of that façade or 3 m, whichever is the lesser;
p) on any parking lot directional signs and one sign not exceeding 1 m² in size,
identifying the parking lot; and,
q) a sign indicating the location of a municipal or municipal planning area boundary,
located beyond the back slope of a highway ditching.
33. Advertisements - Temporary and/or Portable Signs
A temporary and/or portable sign may be permitted in any zone for a period not
exceeding 30 consecutive days provided the sign:
a) does not exceed 4 m² in area;
b) does not create or aggravate a traffic hazard, such as by blocking a sight-line;
c) does not interfere with other lawful signs, including directional signs;
d) is of a location, materials, design and colour in keeping with the character and
appearance of the area;
e) if necessary, is approved by the Department of Government Services, together with
the Town.
The sign shall be immediately removed upon expiry of the permit.
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A renewal permit for a temporary and/or portable sign may only be issued thirty days
after the expiry of the original permit.
34. Advertisements and Signs near Highways
Pursuant to Newfoundland Regulation 85/99 as amended, the Provincial Government has
designated "control lines" alongside each provincially maintained route. These lines
extend 400 metres from the highway centre lines, except that the control area is reduced
within the Municipal Boundaries and built up areas of incorporated communities to 100
metres from the centre line of a provincial highway. Advertisements and signs falling
within the designated control lines of any highway must be referred to and approved or
exempted by the Government Services office serving the area.
35. Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement, including
premises signs, on any lot or site occupied by a use permitted or existing as a legal non-
conforming use in this use zone, shall be as follows:
a) the size, shape, illumination and material construction of the advertisement shall meet
the requirements of the Town, having regard to the safety and convenience of users of
adjacent streets and sidewalks, and the general amenities of the surrounding areas;
b) unless it is a sign affixed to the wall or canopy of a building the advertisement shall
not exceed 5 m² in area on any side.
36. Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific land use,
shall be as follows:
a) which advertisement shall not exceed three square metres in area
b) when the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to the premises to which they relate;
c) the location, siting and illumination of each advertisement shall be to the satisfaction
of the Town, having regard to the grade and alignment of streets, the location of street
junctions, the location of nearby buildings and the preservation of the amenities of the
surrounding area.
37. Agriculture and Farming
(1) Agricultural uses are regulated by the Town and the Provincial Government,
subject to the Farm Practices Act and other relevant legislation. Agricultural uses
shall be approved by both the Agrifoods Development Branch of the Department
of Natural Resources and the Town, together with other appropriate agencies.
(2) Except for infill development any residential development within 600 metres of
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structure containing more than five animal units must be referred to the Agrifoods
Development Branch for a recommendation. The Town shall not issue a permit
contrary to the recommendation.
(3) Any livestock structure (barn) containing five or more animal units must be
located at least 600 metres from a non-farm dwelling, unless otherwise
determined after referral to, and upon recommendation of, the Agrifoods Branch.
The structure shall be at least 60 metres from the boundary of the property on
which it is to be erected and shall be at least 90 metres from the centre line of a
street. The erection of the structure shall be approved by the Agrifoods Branch
before a permit is issued by the Town.
38. Residential/Commercial Developments and Agriculture, Severances
38.1
Residential and Commercial Development
(1)
No residential or commercial development shall be allowed to impede the
appropriate (Farm Practices Act) agricultural activities.
(2)
Subject to the approval of the Agrifoods Branch of the Department of Natural
Resources, separation distances and other provisions that typically affect the
location and type of agricultural activities in respect of residential or commercial
development, and residential or commercial development in respect of
agricultural activities, may not always apply.
3)
Any permit for a business, dwelling or other residential development shall contain
a provision to the effect that the applicant acknowledges that the person is
residing or operating a business in an agricultural area.
DRA-2010-1 & NL Gazette
38.2
Dwellings on a Farm and Residential Subdivision
(1) Two dwellings in addition to the principal farm residence can be allowed on a farm
provided that they are located on the same parcel of land as the principal farm residence
and provided that they are located in such a way that either one or both can be severed
from the farm property without prejudicing the farm operation.
(2) Unless the property is located within the Mixed Use Development designation or other
designation that is non-agricultural or non- forestry in nature and allows dwellings as a
permitted use, a permit to subdivide a parcel of farm land or a dwelling under Part III of
these Regulations shall only be granted where:
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a) the property is to be occupied by a person working on the farm;
b) the severance is necessary for the more efficient operation of the farm and will not
impede the farm operation;
c) the lot created fronts on a public road covered by the Municipal Servicing Limits
Agreement;
d) the lot is severed from the parcel of land (farms may comprise more than one parcel) on
which is located the principal farm residence;
e) not more than one severance is permitted -meaning that once the land has been
subdivided to accommodate dwelling or dwellings (see Regulation 38.2 (1) ) no further
subdivision of this parcel of land for residential purposes shall be permitted and this also
applies to lots previously created under the "Sons and Daughters" clause of the Land
Development Act or previous Plan policies;
f) the severance and subdivision is approved by the Department of Natural Resources -
Agrifoods Branch and the Government Service Centre as well as the Town, and the lot
satisfies the Town's and Provincial Government's requirements for unserviced
residential lots.
39. Archaeological Resources and Heritage Sites and Areas
(1) If an archaeological site or historical artifacts are discovered during construction,
development shall stop and the Provincial Archaeology Office of the Department
of Tourism, Culture and Recreation consulted. Development shall not proceed
until the Provincial Archaeology Office has evaluated the site.
(2) Before approval is granted for a major development, such as a subdivision, or a
new commercial or public building, the application shall be referred to the
Provincial Archaeology Office for investigation.
40. Buffers - Non-Residential
Where any non-residential use abuts a residential use or area, the owner of the site of the
non-residential development may be required to provide a buffer strip between any non-
residential building or activity and the residential use. The buffer shall include the
provision of grass strips, hedges, trees or shrubs, or structural barriers as may be required
by the Town, and shall be maintained by the owner or occupier to the satisfaction of the
Town.
41. Building Line and Setback
(1)
The Town, 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.
(2)
The building line setback is measured from the front property line.
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(3)
In accordance with the Building Near Highways Regulations 1997, the building line
along Provincial highways shall not be less than that specified under the Building Near
Highways Regulations. The minimum building line is 20 metres from the centre-line of
the Northern Peninsula Highway, Highway 430. The minimum building ine is 15
metres from the centre-line of Highway 422 (Veteran's Drive) from Highway 430 to the
end of pavement.
42. Buildings on a Lot and Farm Dwelling Exemption
More than one main building may be permitted on lot, provided that the development
standards of Schedule C are satisfied. For example, if two single dwellings are to be
erected on a lot then the minimum lot area and frontage shall be double that required for a
single dwelling. Farm dwellings are exempted from this requirement.
43. Discretionary Use Classes
The discretionary use classes listed in Schedule C may be permitted at the discretion of
the Town provided that they are complementary to uses within the permitted use classes
or that their development will not inhibit or prejudice the existence or the development of
such uses.
44. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequate in
size to accommodate the number of persons living in the group, inclusive staff, provided
that in the opinion of the Town, the use of the dwelling does not materially differ from,
nor adversely affect, the amenities of the adjacent residences, or the neighborhood in
which it is located. The Town may require special access and safety features to be
provided for the occupants before occupancy is permitted.
45. Fences
(1) Except as otherwise set out in Schedule C or in a Fence Regulation adopted under
the Municipalities Act, the requirements of this Section shall apply to all fences.
(2) For the purpose of this Section a fence includes a vertical physical barrier
constructed out of typical fencing materials, and includes hedges, shrubs and
landscaping features used for these purposes, and, that portion of a retaining wall
which projects above the surface of the ground which it supports.
(3) The provision of these Regulations shall apply to all public authorities except in
those cases where an exception from the Regulations is require to respond to an
emergency or for a public purpose.
(4) The Town shall not be liable for any damages for the repair of any fence
whatsoever where the Town, its employees or agents or otherwise have acted
without negligence. In particular, the Town shall not be liable for any damages or
repairs of any fence whatsoever during the normal operation of snow clearing on
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streets or sidewalks located within the Municipal Planning Area.
Order to Remove Fence
(5) When in the opinion of the Town, a fence creates a safety hazard or obstruction or
impedes snow-clearing due to its location, height or construction material, the
Town may issue an order to the property owner stating that the fence or portions
thereof be removed, reconstructed or repaired within a specific time in order to
correct the safety hazard or obstruction and the cost to remove, construct or repair
said fence or part thereof will be at the owner's expense. In the event that the
property owner does not remove the fence within the specified time as ordered,
the Town may remove the fence and the cost to remove, reconstruct or repair said
fence will be at the owner's expense.
Fence Maintenance
(6) Every person who owns a fence shall maintain such fence in a good state of
repair. For the purpose of this section, "good state of repair" shall mean:
a) The fence is complete and in a structurally sound condition and plumb and
securely anchored;
b) Protected by weather-resistant materials;
c) Fence components are not broken, rusted, rotten or in a hazardous
condition;
d) All stained or painted fences are maintained free of peeling; and,
e) That the fence does not represent an unsightly appearance deleterious to
abutting land or to the neighbourhood.
Fence Materials
(7) The material or materials used in the erection and repair of a fence shall only be
of a type which meets the approval of the Council.
Fence Height - Sight Lines
(8) Except as otherwise provided no fence shall be erected with a height of greater
than 0.75 metres above the grade of the street line within the triangle formed by
two street lines and a line connecting two points on the two street lines located 15
metres from the point of intersection of the two street lines where one of the
streets is an arterial or collector street, or 8 metres from the point of intersection
of the two street lines where the two streets are local streets. Sight Lines.
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(9) Except as otherwise provided, no fence shall be erected with a height of greater
than 0.75 metres above the grade of the street line at the intersection of a
driveway and a road where in the opinion of the Council it impedes sight lines.
Maximum Height.
(10) Unless required for screening, no fence shall be greater than 0.75 metres in
height between the building line and the street line.
(11) The maximum height of a fence shall not exceed 1.8 metres in the Mixed Use
Development Zone.
(12) The maximum height of a fence in all other zones shall not exceed 2.4 metres.
Electrical Fence and Barbed Wire Fence
(13) No person shall erect an electrical fence on any land, unless required for the
containment of livestock or the protection of crops from marauding animals.
(14) No person shall erect a fence consisting wholly or partly of barbed wire or other
barbed material except along the top of any fence in excess of 2.1 metres
enclosing a lot used for commercial or industrial purposes provided the
industrial or commercial lot does not abutt a residential lot or residential use
zone.
Snow Fence
(15) No person shall erect or maintain a snow fence for the period May 1 to October
31 in any year on land used for residential or commercial purposes.
Swimming Pool Fence
(16) A fence with a minimum height of 1.8 metres shall be erected and maintaind
around an open swimming pool.
46. Forestry
Approvals for woodcutting or other forestry related activities must be obtained from the
provincial Department of Natural Resources - Forest Management Unit. No development
is permitted in a domestic cutting area - the Resource Development Zone - without prior
approval of the Department of Natural Resources.
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47. Lot Area
(1) No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage or
lot area that is less than that permitted by these Regulations for the zone in which
such lot is located.
(2) Where any part of a lot is required by these Regulations to be reserved as a yard,
it shall continue to be so used regardless of any change in the ownership of the lot
or any part thereof, and shall not be deemed to form part of an adjacent lot for the
purpose of computing the area thereof available for building purposes.
48. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already
exist in any zone, with insufficient frontage or area to permit the owner or purchaser of
such a lot or lots to comply with the provisions of these Regulations, then these
Regulations shall not prevent the issuing of a permit by the Town 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.
49. 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 or forms part of a Comprehensive
Development. However, where there is a Crown Land windbreak along a street between
the property and street right of way, the property shall be deemed to front on a street.
50. Mineral Exploration
(1) Subject to the other provisions of these Development Regulations, mineral
exploration which is not classed as development by virtue of appreciable soil
disturbance, construction of access roads, noise, odour and appearance can be
permitted anywhere in the Town, provided that adequate notification is provided
to the Town.
(2) Mineral exploration which is classed as development shall be permitted in the
Agriculture, Resource Development and Comprehensive Resource Development
Area zones, provided that adequate provision is made for buffering /and or other
means of reducing or eliminating the impacts of the exploration on uses of land
such as agricultural operations, residential uses including farm dwellings, tourist
accommodation facilities and important waterways and wetlands.
Where there is soil disturbance, the developer shall provide a site restoration or
landscaping surety and/or other satisfactory guarantees of site restoration or
32
landscaping to the Town.
No permit shall be issued by the Town for mineral exploration until the necessary
permits and approvals have been obtained from the Departments of Natural
Resources, Government Services, and Environment and Conservation, together
with any other relevant Provincial agencies.
51. Non-Conforming Uses
(1) See Section 108 of the Urban and Rural Planning Act and Sections 14, 15, and 16 of
the Ministerial Development Regulations.
52. Non-Conforming Use - Discontinuance
Subject to Section 17 of the Ministerial Development Regulations and Section 108 (2)
of the Urban and Rural Planning Act:
a) a non-conforming use of land may be resumed within one year of its
discontinuance;
b) for the purpose of this Regulation, discontinuance of a non-conforming use begins
when any one of the following conditions is met:
(i) the building or use of land is clearly vacated or the building is demolished;
(ii) the owner or tenant has ceased paying taxes for that use;
(iii) the owner or tenant has stated in writing that the use has ceased.
53. Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous
fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or
create any nuisance that has an unpleasant effect on the senses unless its use is authorized
by the Town and any other authority having jurisdiction.
54. Parking and Offstreet Loading 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)
Where the Town deems necessary, for every building, structure or use to be
erected, enlarged or established requiring the shipping, loading or unloading of
animals, goods, wares or merchandise, there shall be provided and maintained for
33
the premises loading facilities on land that is not part of a street comprised of one
or more loading spaces. The loading facilities required by this Regulation shall be
so arranged that vehicles can manoeuvre clear of any street and so that it is not
necessary for any vehicle to reverse onto or from a street.
55. Parks and Playgrounds
(1) Parks and playgrounds are permitted in any zone, provided however, that such
parks and playgrounds are not located in areas which may be hazardous to their
use and are not operated for commercial purposes.
(2) Nothing in these Regulations shall prevent the designation of conservation areas
in any zone.
56. Screening and Landscaping
The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit where, in the opinion of the Town, the landscaping
or screening is desirable to preserve amenity, or protect the environment.
57. Seismic Station Buffer
The Canada Department of Natural Resources shall be advised when a development
involving a major soil disturbance is being approved within the Seismic Station Buffer as
shown on the Zoning Map.
58. Services and Public Utilities
The Town may within any zone permit land to be used in conjunction with the provision
of public services and public utilities if the use of that land is necessary to the proper
operation of the public service or public utility.
59. Side Yards
A side yard which shall be kept clear of obstruction shall be provided on the exposed
sides of every building in order to provide access for the maintenance of that building.
60. Site Development
(1) Before approving the development of any site, the Town shall take into
consideration the adequacy of site grading, drainage and landscaping and the
potential of the development to cause erosion onto and pollution of adjacent
development and lands and bodies of water receiving drainage from the site,
along with other similar matters.
(2) The Town shall ensure that the proposal is not inappropriate by reason of:
a. precipitating or contributing to a pollution problem in the area; or,
b. causing erosion and/or sediment.
61. Site Development Quarry and Soil Removal
(1) If, as part of another development, quarry material is to be removed and sold or
34
otherwise disposed of, then a separate quarry permit shall be issued once
development approval is granted by the Town. A copy of this permit must be
forwarded to the Department of Natural Resources, Mineral Lands Division.
(2) A site development quarry under this section is permitted wherever the use that
the quarry is associated with is permitted.
(3) A quarry permit issued under this section shall only be valid for the term of the
site development
(4) When the work is completed, the area affected shall be suitably landscaped and
drained in accordance with a plan approved by the Town.
(5) If the site work is extensive, the Town may require the deposit of a surety in the
amount of $500.00 which shall be returned to the developer upon satisfactory
completion of the work.
62. Solid Waste Disposal Site Buffer
No residential development shall be allowed within the Solid Waste Disposal Site Buffer
unless it has been approved by the Department of Environment and Conservation and the
Town.
63. Street Construction Standards
A new street may not be constructed except in accordance with the design and
specifications laid down by the Town.
64. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of
calculating lot area and yard requirements, shall be considered part of the self-contained
dwelling.
65. Subsidiary Dwelling (see also Regulation 31 - Accessory Buildings)
A subsidiary dwelling is permitted in the rear yard of a single dwelling in a building
separate from the single dwelling, subject to the following requirements:
a) the subsidiary dwelling is located in the rear yard of the single dwelling;
b) fire and other safety issues are properly addressed in the location, access and design
of the subsidiary dwelling, and this may entail the provision of a completely
unobstructed side yard wide enough to provide access for emergencies which is
greater than the minimum side yard for single dwellings in this zone;
c) unless it is only used as a separate sleeping quarters, the subsidiary dwelling shall be
connected to municipal water and sewer services;
d) the maximum floor area shall be 60 square metres;
e) the minimum distance from the side and rear property boundaries is 3 metres;
f) maximum height is 6 metres.
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66. Unserviced Development
Development lacking one or both of municipal water and sewer services shall be
approved by the Department of Government Services before a permit is issued by the
Town.
67. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to
satisfy the yard and other allowances called for in the Use Zone in which it is located and
the allowances shall be retained when the adjacent land is developed.
68. Waterways and Wetlands
(1) Except as otherwise shown on the Land Use Zoning Maps, the minimum width of
a buffer along a waterway or wetland shall be 15 m from the highwater mark of
the stream, river, pond or other body of water. If the embankment is steep, then
the buffer shall be measured from the top of the embankment.
(2) The only uses that may be permitted in the buffer area of a waterway are trails,
and trails related accessory uses, and uses requiring direct access to a body of
water.
These uses are subject to the approval of the Water Resources Management
Division of the Department of Environment and Conservation, Department of
Fisheries and Oceans Canada and where applicable, the Government Service
Centre of the Department of Government Services for Crown Lands and referrals.
(3) The Town or the Provincial Government may subject development within the
buffer area of a waterway to an environmental review, and may approve, approve
subject to conditions, or refuse such development. The matter of adequate and
usable legal public access to the waterway shall be a consideration in the review
of an application for a structure within a buffer and/or waterway.
(4) Any development within a waterway or involving the alteration of a waterway
must be approved by or exempted by the following agencies:
a. Department of Environment and Conservation for Crown Lands and
referrals;
b. Coast Guard Canada of the Department of Fisheries and Oceans -
Navigable Waters Act;
c. Fish Habitat Division of the Department of Fisheries and Oceans;
d. Water Resources Division of the Department of Environment and
Conservation.
(5) Wetlands-wherever feasible, wetlands should be protected and/or developed in
such a way as to minimize damage.
69. Wind Mills, Wind Turbines, Wind Farms
Utilities, which include wind mill, wind turbines, wind farms, together with access roads
and associated facilities, are subject to the approval of relevant provincial and federal
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departments and agencies and public utilities.
The design and location of such utilities shall take into consideration their impact on
nearby land uses and persons, the environment and archaeological resources within the
Town, along with other matters that the Town may deem to be significant.
Utilities within the built-up areas are limited to single wind mills or wind turbines
designed and sized to serve particular properties.
To prevent damage to persons and properties due to the failure of windmill or any of its
components or the shedding of ice, the Town shall ensure that there is adequate
separation distance between the windmill and nearby structures and properties.
The design, construction and location of a windmill shall be certified by a competent
professional who has consulted with the required agencies.
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PART III - SUBDIVISION OF LAND
70. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of
the subdivision is first obtained from the Town.
71. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Town have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system.
72. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Town for connection to public services,
public utilities and streets deemed necessary for the proper development of the
subdivision, and all service levies and other charges imposed under these Regulations.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Town, 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 Town shall,
without limiting the generality of the foregoing, consider:
a) the location of the land;
b) the availability of and the demand created for schools, services, and utilities;
c) the provisions of the Plans and Regulations affecting the site;
d) the land use, physical form and character of adjacent developments;
e) the transportation network and traffic densities affecting the site;
f) the relationship of the project to existing or potential sources of nuisance;
g) soil and subsoil characteristics;
h) the topography of the site and its drainage;
i) natural features such as lakes, streams, topsoil, trees and shrubs;
j) prevailing winds;
k) visual quality;
l) community facilities;
m) energy conservation;
n) such other matters as may affect the proposed development.
74. Building Permits Required
Notwithstanding the approval of a subdivision by the Town, a separate building permit
shall be obtained for each building proposed to be erected in the area of the subdivision,
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and no building permit for any building in the area shall be issued until the developer has
complied with all the provisions of these Regulations with respect to the development of
the subdivision.
75. Form of Application
Application for a permit to develop a subdivision shall be made to the Town.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Map.
77. Building Lines
The Town may establish building lines for any subdivision street and require any new
building to be located on such building lines.
78. Land for Public Open Space
(1) Before a development commences, the developer shall, if required, dedicate to the
Town, at no cost to the Town, an area of land 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 Town
shall determine the percentage of land to be dedicated;
b) if, in the opinion of the Town, no public open space is required, the land may be
used for such other public use as the Town may determine;
c) the location and suitability of any land dedicated under the provisions of this
Regulation shall be subject to the approval of the Town but in any case, the Town
shall not accept land which, in its opinion is incapable of development for any
purpose;
d) the Town may accept from the developer in lieu of such area or areas of land the
payment of a sum of money equal to the value of the land which would otherwise
be required to be dedicated;
e) money received by the Town in accordance with this Regulation shall be reserved
by the Town for the purpose of the acquisition or development of land for public
open space or other public purpose.
(2) Land dedicated for public use in accordance with this Regulation shall be conveyed to
the Town and may be sold or leased by the Town for the purposes of any
development that conforms with the requirements of these Regulations, and the
proceeds of any sale or other disposition of land shall be applied against the cost of
acquisition or development of any other land for the purposes of public open space or
other public purposes.
(3) The Town may require a strip of land to be reserved and remain undeveloped along
the banks of any river, brook or pond, and this land may, at the discretion of the
Town, constitute the requirement of land for public use under Regulation 78 (1).
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79. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the
prior approval of the Town which shall be satisfied on the question of safe construction
and relationship to the adjoining buildings and other structures within the street
reservation.
80. Subdivision Design Standards
(1) The standard for the design and construction of all work related to Subdivision
development shall be the Government of Newfoundland Labrador Municipal Water,
Sewer, and Roads Specifications.
(2) Except as otherwise provided under Schedule C no permit shall be issued for the
development of a subdivision under these Regulations unless the design of the
subdivision conforms to the standards below.
a) The finished grade of streets shall not exceed 10 percent.
b) Every cul de sac shall be provided with a turning circle of a diameter of not less than
30 m.
c) The maximum length of any cul de sac shall be 300 metres. Where a road loops back
to itself, such as in a P look, the distance is measured to the start of the loop. See also
clause d)
d) After review by the Town's Fire Chief the length of a cul de sac may be extended
beyond 300 metres, provided that the Town is satisfied that this will not create
additional fire or other hazard risks or unduly increase maintenance costs.
e) No cul de sac shall be located so as to appear to terminate a collector street.
f) New subdivisions shall have street connections with an existing street or streets,
g) All street intersections shall be constructed within 5° of a right angle and this
alignment shall be maintained for 30 m from the intersection.
h) No street intersection shall be closer than 60 m to any other street intersection.
i) No more than four streets shall join at any street intersection.
j) Streets in residential subdivisions shall conform to the following minimum standards:
a. Arterial Street
- Reservation (minimum)
30 metres
Pavement Width (minimum) 15 metres
Walkways See clause k
b. Collector Street
Reservation (minimum) 15 metres
Pavement Width (minimum) 9 metres
Walkways See clause k
c. Local Street
Reservation (minimum)
15 metres
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(see clause n)
Pavement Width (minimum) 7 metres
Walkways See clause k
k) Walkways - clearly identified safe adequate pedestrian access shall be provided along
roads and incorporated into subdivision planning.
l) The Town may require any existing natural, historical or architectural feature or part
thereof to be retained when a subdivision is developed.
m) Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
n) Where there is potential for additional development, a road reserve of 15 metres (12.5
metres optional) shall be provided, and a reserve of 15 or 12.5 metres shall be
provided along the entire length of a cul de sac.
81. Engineer to Design Works and Certify Construction Layout
(1) Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters and
catch basins and all other utilities deemed necessary by the Town to service the
area proposed to be developed or subdivided shall be designed and prepared by or
approved by the Engineer. Such designs and specifications shall, upon approval
by the Town, be incorporated in the plan of subdivision.
(2) Upon approval by the Town of the proposed subdivision, the Engineer shall
certify all work of construction layout preliminary to the construction of the
works and thereupon the developer shall proceed to the construction and
installation, at his own cost and in accordance with the approved designs and
specifications and the construction layout certified by the Engineer, of all such
water mains, hydrants, sanitary sewers and all appurtenances and of all such
streets and other works deemed necessary by the Town to service the said area.
82. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Town all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of materials and
labour for the construction and installation of all works calculated in accordance with the
Schedule of Fees recommended by the Association of Professional Engineers of
Newfoundland and in effect at the time the work is carried out.
83. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and
paving specified by the Town as being necessary, may, at the Town's discretion, be
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deferred until a larger stage of the work on the development of the subdivision but the
developer shall deposit with the Town before approval of his application, an amount
estimated by the Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the work of development, the Town shall
call for tenders for the work of construction and installation of the works, and the amount
so deposited by the developer shall be applied towards payment of the contract cost. If
the contract cost exceeds the deposit, the developer shall pay to the Town the amount of
the excess. If the contract price is less than the deposit, the Town shall refund the amount
by which the deposit exceeds the contract price. Any amount so deposited with the Town
by the developer shall be placed in a separate savings account in a bank and all interest
earned thereon shall be credited to the developer.
84. Transfer of Streets and Utilities to Town
(1) The developer shall, following the approval of the subdivision of land and upon
request of the Town, transfer to the Town, at no cost to the Town, and clear of all
liens and encumbrances:
a. all lands in the area proposed to be developed or subdivided which are
approved and designated by the Town for public uses as streets, or other
rights-of-way, or for other public use;
b. all services or public works including streets, water supply and
distribution and sanitary and storm drainage systems installed in the
subdivision that are normally owned and operated by the Town.
(2) Before the Town shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets,
services and public works installed in the subdivision and certify his satisfaction
with their installation.
(3) The Town shall not provide maintenance for any street, service or public work in
any subdivision until such time as such street, service or public work has been
transferred to and accepted by the Town.
85. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Town is
satisfied that:
a) the lot can be served with satisfactory water supply and sewage disposal systems;
and
b) satisfactory access to a street is provided for the lots.
86. Grouping of Buildings and Landscaping
(1) Each plan of subdivision shall make provision for the grouping of building types
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and for landscaping in order to enhance the visual aspects of the completed
development and to make the most use of existing topography and vegetation.
(2) Building groupings, once approved by the Town, shall not be changed without
written application to and subsequent approval of the Town.
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PART IV - USE ZONES
87. Use Zones
(1) For the purpose of these Regulations, the Planning Area is divided into Use Zones
which are shown on the Zoning Map attached to and forming part of these
Regulations.
(2) Subject to Regulation 83(3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in
the Use Zone Tables in Schedule C of these Regulations.
(3) Where standards, requirements and conditions applicable in a Use Zone are not
set out in the Use Zone Tables in Schedule C, the Town may in its discretion,
determine the standards, requirements and conditions which shall apply.
88. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in
Schedule C shall be determined by the Town in accordance with the classification and
examples set out in Schedule B.
89. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in
the appropriate Use Zone Table in Schedule C shall be permitted by the Town in that Use
Zone.
90. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set
out in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone
if the Town 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 Town has given notice of
the application in accordance with Regulation 23 and has considered any objections or
representations which may have been received on the matter.
91. Uses not Permitted - Prohibited Uses
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set
out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use
Zone and are deemed to be prohibited uses.
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SCHEDULE A
DEFINITIONS
A definition marked with an asterix is also included in the Urban and Rural Planning Act
and/or in the Ministerial Development Regulations. Where there is a conflict, the Act or
Ministerial Development Regulations prevail.
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 go from that land to the street.
ACCESSORY BUILDING* includes:
(i)
a detached subordinate building not used as a dwelling, located on the same lot as the main
building to which it is an accessory which has a use that is customarily incidental or
complementary to the main use of the building or land,
(ii)
for the case of residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets,
or radio and television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) in the case of industrial uses, garages, offices, raised ramps and docks.
ACCESSORY USE* means the use that is subsidiary to a permitted or discretionary use and
that is customarily expected to occur with the permitted or discretionary use.
ACT*, unless the context indicates otherwise, means the Urban and Rural Planning Act 2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part for
the purposes of advertisement, announcement or direction; excluding such things employed
wholly as a memorial, or functional advertisement of Councils, or other local authorities, public
utilities and public transport undertakers, and including any boarding or similar structure used or
adapted for use for the display of advertisements.
AGRICULTURE means horticulture, fruit growing, grain growing, seed growing, dairy
farming, the breeding or rearing of livestock, including any creature kept for the production of
food, wool, silks, or fur, or for the purpose of its use in the farming of land, the use of land as
grazing land, meadow land, osier land, market gardens and nursery grounds and the use of land
for woodlands where that use is ancillary to the farming of land for any other purpose.
"Agricultural" shall be construed accordingly.
AMUSEMENT USE means the use of land or buildings equipped for the playing of electronic,
45
mechanical, or other games and amusements including electronic games, pinball games and slot
machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
1 bull
1000 broiler chickens or roosters (1.8 - 2.3 kg each)
1 cow (including calf);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
APARTMENT BUILDING means a building containing three or more dwelling units, but does
not include a row dwelling.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT* means a person who has applied to an authority for an approval or permit to
carry out a development.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic
arteries of the area and defined as arterial streets or highways in the Municipal Plan or on the
Zoning Map.
AUTHORITY* means a council, authorized administrator or regional authority.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment for paid
temporary accommodation for up to sixteen (16) overnight guests that may include a dining
room for the use of overnight guests and their invites. The establishment must be registered with
and receive a rating from Canada Select and also must be approved by the Provincial Department
of Tourism, Culture and Recreation as a Bed and Breakfast operation.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BUILDING* means
(i)
a structure, erection, alteration or improvement placed on, over or under land or
attached, anchored or moored to land,
(ii) mobile structures, vehicles and marine vessels adapted or constructed for residential,
46
commercial, industrial and other similar uses,
(iii) a part of and fixtures on buildings referred to in subparagraphs (i) and (ii), and
(iv) an excavation of land whether or not that excavation is associated with the intended
or actual construction of a building or thing referred to in subparagraphs (i) to (ii).
BUILDING HEIGHT* means the vertical distance, measured in metres, from the established
grade to:
(i)
the highest point of the roof surface of a flat roof
(ii) the deck line of a mansard roof
(iii) the mean height level between eave and ridge of a gable, hip or gambrel roof, and in
any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof.
BUILDING LINE* means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that building may be placed.
CAMPGROUND means the use of land for the accommodation of travel trailers, recreational
vehicles, and/or tents.
COLLECTOR STREET means a street that is designed to link local streets with arterial streets
and which is designated as a collector street in the Municipal Plan, or on the Zoning Map.
DAYCARE CENTRE or DAY NURSERY means a building or part of a building in which
services and activities are regularly provided to children of pre-school age during the full
daytime period as defined under the Day Nurseries Act, but do not include a school as defined by
the Schools Act.
DEVELOPMENT* means the carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the use, or the
intensity of use of any land, buildings, or premises and the
(i)
the making of an access onto a highway, road or way;
(ii)
the erection of an advertisement or sign;
(iii)
the parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or
as an office, or for living accommodation;
and shall exclude:
(iv)
the carrying out of works for the maintenance, improvement or other alteration or any
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building;
(v)
the carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the
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road reservation;
(vi)
the carrying out by any 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
(vii) the use of any building or land within the courtyard of a dwelling house for a purpose
incidental to the enjoyment of the dwelling as a dwelling.
DEVELOPMENT REGULATIONS* means these regulations and regulations by-laws
respecting development that have been enacted by the relevant authority.
DIRECTOR means the Director of Urban and Rural Planning.
DISCRETIONARY USE* means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations.
DOUBLE DWELLING means a building containing two dwelling units, placed one above
the other, or side by side, but does not include a self-contained dwelling containing a
subsidiary apartment.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms
used or designed as the living quarters for one household.
ENGINEER means a professional engineer employed or retained by the Town.
ESTABLISHED GRADE* means,
(i) where used in reference to a building, the average elevation of the finished surface of
the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii) where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure exclusive of any
artificial embankment or entrenchment.
FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no
more than six (6) persons exclusive of staff in a home-like setting. Subject to the size
limitation, this definition includes, but is not limited to, the facilities called "Group Homes",
"Halfway House", and "Foster Home".
FLOOR AREA* means the total area of all floors in a building measured to the outside
face of exterior walls.
FRONTAGE* means the horizontal distance between side lot lines measured at the
building line.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front
48
wall of the main building on the lot.
GARAGE means a building erected for the storage of motor vehicles as ab ancillary use to
a main building on the lot.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing,
breaking up, demolishing, or treating any article, commodity or substance. "Industry" shall
be constructed accordingly.
GENERAL GARAGE means land or buildings used exclusively for repair, maintenance
and storage of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes
involving the use of materials or processes which because of their inherent characteristics,
constitute a special fire, explosion, radiation or other hazard.
HOME BUSINESS means a secondary use of a dwelling and/or its accessory building by at
least one of the residents of the dwelling to conduct a gainful occupation or business
activity.
INSPECTOR means any person appointed and engaged as an Inspector by the Town or by
any federal or provincial authority or the agent thereof.
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.
LAND* includes land covered by water, and buildings and structures on, over, or under the
soil and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY means the use of any land or buildings for any general industrial use
that can be carried out without hazard or intrusion and without detriment to the amenity of
the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust,
glare or appearance.
LOCAL STREET means a street designed primarily to provide access to adjoining land
and which is not designated as a collector street or arterial street in the Municipal Plan, or on
the Zoning Map.
LODGING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
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LOT*means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building.
LOT AREA* means the total horizontal area within the lines of the lot.
LOT COVERAGE* means the combined area of all buildings on the lot measured at the
level of the lowest floor above the established grade and expressed as a percentage of the
total area of the lot.
MARINA means a dock or basin together with associated facilities, where slips, moorings,
supplies, repairs, and other services that are typically available for boats and other
watercraft, including storage, sales and rentals, with or without a club house and catering
facilities. It can also include a fishing stage or shed associated with a dock or wharf.
MINERAL EXPLORATION means the activity of searching for minerals or mineral
occurrences, including oil exploration, wherein, for the purposes of these Regulations it
takes the form of development - that is visible and appreciable disturbance to soil.
MINERAL WORKING means land or buildings used for the working or extraction of
construction aggregates.
MINING means land or buildings used for the extraction of ores, salts, oil and/or natural
gas.
MOBILE HOME means a transportable factory-built single family dwelling unit:
a) which complies with space standards substantially equal to those laid down in the
Canadian Code for Residential Construction and is in accordance with the
construction standards laid down and all other applicable Provincial and Municipal
Codes and;
b) which is designed to be:
(i) transported on its own wheels and chassis to a mobile home lot, and subsequently
supported on its own wheels, jacks, posts or piers, or on a permanent foundation
and;
(ii) connected to exterior public utilities approved by the Town, namely, piped water,
piped sewer, electricity and telephone, in order for such mobile home unit to be
suitable for year round term occupancy.
MOBILE HOME PARK means a mobile home development under single or joint ownership,
cared for and controlled by a mobile home park operator where individual mobile home lots are
rented or leased with or without mobile home units placed on them and where ownership and
responsibility for the maintenance and development of site facilities including underground
services, access roads, communal areas, snowclearing and garbage collection, or any of the, are
the responsibility of the mobile home park management, and where the mobile home
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development is classified as a mobile home park by the Town.
MOBILE HOME SUBDIVISION means a mobile home development requiring the
subdivision of land whether in single or joint ownership into two or more pieces or parcels of
land for the purpose of locating thereon mobile home units under either freehold or leasehold
tenure and where the maintenance of streets and services is the responsibility of a municipality or
public authority, and where the mobile home development is classified as a mobile home
subdivision by the Town.
NON-CONFORMING USE* means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone.
OWNER* means a person or an organization of persons owning or having the legal right to use
the land under consideration.
PERMITTED USE* means a use that is listed within the permitted use classes set out in the use
zone tables of an authority's development regulations.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
PROHIBITED USE* means a use that is not listed within the permitted use classes set out in
the use zone tables of an authority's development regulations.
REAR YARD DEPTH* means the distance between the rear lot line and the rear wall of the
main building on the lot.
RESTAURANT means a building or part thereof, designed or intended to be used or occupied
for the purpose of serving the general public with meals or refreshments for consumption on the
premises.
ROW DWELLING means a dwelling containing three or more dwelling units at ground level in
one building, each unit separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
SERVICE STATION means any land or building used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of motor
vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the
purpose of limiting direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary purpose is the
51
selling or offering for sale of goods, wares or merchandise by retail or the selling or offering for
sale of retail services but does not include an establishment wherein the primary purpose is the
serving of meals or refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing a minimum of 5
retail establishments.
SHOWROOM means a building or part of a building in which samples or patterns are displayed
and in which orders may be taken for goods, wares or merchandise, including vehicles and
equipment, for later delivery.
SIDE YARD DEPTH* means the distance between the side lot line and the nearest side wall of
a building on the lot. See also Building Line and Yards.
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 excluded those things employed wholly as a memorial,
advertisements of local government, utilities and boarding or similar structures used for the
display of advertisements.
STREET* means a street, road or highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency vehicles.
STREET LINE* means the edge of a street reservation as defined by the authority having
jurisdiction.
SUBDIVISION* means the dividing of any land, whether in single or joint ownership, into two
or more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
TAKE-OUT FOOD SERVICE means a building in which the primary purpose is the
preparation and sale of meals or refreshments for consumption off the premises.
TAVERN: includes a nightclub and means a building licensed or licensable under the Liquor
Control Act wherein meals and food may be served for consumption on the premises and in
which entertainment may be provided.
USE* means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE* means an area of land including buildings and water designated on the
Zoning Map to which the uses, standards and conditions of a particular use zone table in
Schedule C of the Regulations relate.
52
VARIANCE* means a departure, to a maximum of 10% from the yard area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use Zone
Table of the authority's regulations.
WETLAND means an area which is saturated by surface or ground water sufficient to support,
and which under normal circumstances supports a prevalence of vegetation typically adapted for
life in the saturated soil conditions, and includes swamps, marshes, bogs, fens and similar areas.
ZONING MAP* means the map or maps attached to and forming part of the Regulations.
53
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
ASSEMBLY USES
Cultural and Civic
Libraries, Museums, Art
Galleries, Court Rooms,
Meeting Rooms, Council
Chambers
ASSEMBLY USES
Protection
Police and Fire Stations
ASSEMBLY USES
General Assembly
Community Halls, Lodge
Halls, Dance Halls,
Gymnasia, Auditoria,
Bowling Alleys
ASSEMBLY USES
Educational
Schools, Colleges (non-
residential)
ASSEMBLY USES
Place of Worship
Churches and similar places
of worship, Church Halls
ASSEMBLY USES
Passenger
Assembly
Passenger Terminals
ASSEMBLY USES
Club and Lodge
Private Clubs and Lodges
(non-residential)
ASSEMBLY USES
Catering
Restaurants, Bars, Lounges
ASSEMBLY USES
Funeral Home
Funeral Homes and Chapels
ASSEMBLY USES
Child Care
Day Care Centres
ASSEMBLY USES
Amusement
Electronic Games Arcades,
Pinball Parlors, Poolrooms
ASSEMBLY USES
Indoor Assembly
Arenas, Armouries, Ice
Rinks, Indoor Swimming
Pools
ASSEMBLY USES
Outdoor Assembly
Bleachers, Grandstands,
Outdoor Ice Rinks and
Swimming Pools,
Amusement Parks and Fair-
grounds, Exhibition
Grounds, Drive-in Theatres
ASSEMBLY USES
Campground
Campgrounds, Recreational
Vehicle and Travel Trailer
Campgrounds
54
INSTITUTIONAL
USES
Penal and
Correctional
Detention
Jails, Penitentiaries, Police
Stations (with detention
quarters), Prisons,
Psychiatric, Hospitals (with
detention quarters),
Reformatories
55
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
INSTITUTIONAL
USES
Medical Treatment and
Special Care
Children's Homes,
Convalescent Homes,
Homes for Aged,
Hospitals, Infirmaries
RESIDENTIAL USES
Single Dwelling
Single Detached
Dwellings, Family &
Group Homes
RESIDENTIAL USES
Double Dwelling
Semi-detached
Dwelling, Duplex
Dwellings, Family &
Group Homes
RESIDENTIAL USES
Row Dwelling
Row Houses, Town
Houses, Family &
Group Homes
RESIDENTIAL USES
Apartment Building
Apartments, Family &
Group Homes
RESIDENTIAL USES
Collective Residential
Residential Colleges &
Schools, University &
College Halls of
Residence, Convents
& Monasteries, Nurses
& Hospital Residences
RESIDENTIAL USES
Boarding House
Residential and/or Bed
and Breakfast
Boarding Houses,
Lodging Houses, Bed
and Breakfast
RESIDENTIAL USES
Commercial
Residential
Hotels & Motels,
Hostels, Residential
Clubs
RESIDENTIAL USES
Seasonal Residential
Summer Homes &
Cabins, Hunting &
Fishing Cabins
RESIDENTIAL USES
Mobile Homes
Mobile Homes
BUSINESS &
PERSONAL
SERVICE USES
Office
Offices (including
Government Offices),
Banks
BUSINESS &
PERSONAL
SERVICE USES
Medical and
Professional
Medical Offices &
Consulting Rooms,
Dental Offices &
Surgeries, Legal
Offices & Similar
Professional Offices
BUSINESS &
Personal Service
Barbers, Hairdressers,
56
PERSONAL
SERVICE USES
Beauty Parlors, Small
Applicable Repairs
BUSINESS &
PERSONAL
SERVICE USES
General Service
Self-service Laundries,
Dry Cleaners (not
using flammable or
explosive substances),
Small Tool and
Appliance Rentals,
Travel Agents
BUSINESS &
PERSONAL
SERVICE USES
Communications
Radio Stations,
Telephone Exchanges
57
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
BUSINESS &
PERSONAL
SERVICE USES
Police Station
Police Stations without
detention quarters
BUSINESS &
PERSONAL
SERVICE USES
Taxi Stand
Taxi Stands
BUSINESS &
PERSONAL
SERVICE USES
Take-out Food Service
Take-out Food Service
BUSINESS &
PERSONAL
SERVICE USES
Veterinary
Veterinary Surgeries
MERCANTILE USES
Shopping Centre
Shopping Centre
MERCANTILE USES
Shop
Retail Shops and
Stores and
Showrooms,
Department Stores
MERCANTILE USES
Indoor Market
Market Halls, Auction
Halls
MERCANTILE USES
Outdoor Market
Market Grounds,
Animal Markets,
Produce and Fruit
Stands, Fish Stalls
MERCANTILE USES
Convenience Store
Confectionary Stores,
Corner Stores, Gift
Shops, Specialty Shops
INDUSTRIAL USES
Hazardous Industry
Bulk Storage of
hazardous liquids and
substances, Chemical
Plants, Distilleries
Feed Mills, & Lacquer,
Mattress, Paint,
Varnish, and Rubber
Factories, Spray
Painting
INDUSTRIAL USES
General Industry
Factories, Cold
Storage Plants, Freight
Depots, General
Garages, Warehouses,
Workshops,
Laboratories,
Laundries, Planing
58
Mills, Printing Plants,
Contractors' Yards
INDUSTRIAL USES
Service Station
Gasoline Service
Stations, Gas Bars
INDUSTRIAL USES
Light Industry
Light Industry, Parking
Garages, Indoor
Storage, Warehouses,
Workshops
NON-BUILDING
USES
Agriculture
Commercial Farms,
Hobby Farms, Market
Gardens & Nurseries
NON-BUILDING
USES
Forestry
Tree Nurseries,
Silviculture
59
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
NON-BUILDING
USES
Mineral Exploration
Mineral Exploration
NON-BUILDING
USES
Mineral Working
Quarries, Pits
NON-BUILDING
USES
Mining
Mining, Oil Wells
NON-BUILDING
USES
Recreational Open
Space
Playing Fields, Sports
Grounds, Parks,
Playgrounds,
Recreational Trails
NON-BUILDING
USES
Conservation
Watersheds, Buffer
Strips, Flood Plains,
Architectural,
Historical and Scenic
Sites, Steep Slopes,
Wildlife Sanctuaries
NON-BUILDING
USES
Cemetery
Cemeteries,
Graveyards
NON-BUILDING
USES
Scrap Yard
Car Wrecking Yards,
Junk Yards, Scrap
Dealers
NON-BUILDING
USES
Solid Waste
Solid Waste Disposal,
Sanitary Land Fill,
Incinerators
NON-BUILDING
USES
Animal
Animal Pounds,
Kennels, Zoos
NON-BUILDING
USES
Antenna
TV, Radio and
Communications
Transmitting and
Receiving Masts and
Antennae
NON-BUILDING
USES
Utilities
Wind Mills, Wind
Turbines, Wind Farms,
& related facilities
NON-BUILDING
USES
Transportation
Airfields, Docks and
Harbors
NON-BUILDING
USES
Marina
Marina, Yacht Club.
Boating Club, Boat
House, Fishing Stage
60
SCHEDULE C:
USE ZONE TABLES
61
SCHEDULE C: USE ZONE TABLES
NOTE: This schedule contains tables showing the use classes which may be permitted or
which may be treated as discretionary use classes for the purpose of these Regulations.
The tables also indicate the required standards of development and may also include
conditions affecting some or all of the use classes.
This schedule contains tables for the following Use Zones:
Residential Hobby Farm (RHF)
Mixed Use Development (MD)
Community Centre (CC)
Rural Mixed (RM)
Highway Commercial (HC)
Agriculture (A)
Mineral Workings (MW)
Resource Development (RD)
Comprehensive Resource Development Area (CRDA)
Environmental Protection - Highway (EP-H)
Environmental Protection (EP)
62
ZONE TITLE: RESIDENTIAL HOBBY FARM (RHF) (Cormack)
PERMITTED USE CLASSES - (see Regulation 89) Agriculture, Bed and Breakfast,
Boarding House, Child Care, Conservation, Public Utility, Recreational Open Space,
Single Dwelling, Subsidiary Apartment and Subsidiary Dwelling .
PERMITTED USE CLASSES - (see Regulation 89) Agriculture, Bed and Breakfast,
Boarding House, Child Care, Conservation, Public Utility, Recreational Open Space,
Single Dwelling, Subsidiary Apartment and Subsidiary Dwelling .
CONDITIONS FOR THE RESIDENTIAL HOBBY FARM (RHF) ZONE
1. General Development Standards - Permitted Uses
Lot Area:
As determined by the Department of Government of Services or 1
hectare, whichever is greater.
Lot Frontage: As determined by the Department of Government of Services or 45
metres minimum, whichever is greater.
Minimum Building Line Setback:
The minimum setback from a public road shall be 15 metres where the property
front lot line runs along a public road reserve, or 6 metres where the property
front lot line runs along a Crown Land windbreak that runs between the property
and the public road reserve. (See also Regulation 41)
Sideyards:
5 metres minimum.
Sideyard Flanking Road:
5 metres minimum.
Rearyard:
10 metres minimum.
Lot Coverage (all buildings): 33% maximum.
2. General Development Standards - Discretionary uses.
(1)
See Regulation 43.
(2)
Discretionary uses shall conform to the frontage, building line setback,
sideyard, rearyard, and lot coverage specified for a permitted use.
63
3.
Accesses and Service Streets (see Regulation 28)
4.
Accessory Buildings
(1) See Regulation 29.
(2) Accessory buildings may be used for commercial purposes.
(3) Accessory buildings shall not be erected upon or placed upon any easements
(4) Exclusive of cold frames, decks, gazebos, greenhouses, swimming pools and
temporary repair shelters, accessory buildings shall have a lot coverage no
greater than 10 percent of the lot area, up to a maximum of 95 square metres
for each single dwelling or dwelling unit in a double dwelling.
(5) The height of an accessory building shall not exceed 6 metres.
(6) Communications antennae and towers shall have a maximum height of 15
metres.
(7) With the exception of greenhouses and swimming pools, accessory
buildings shall be similar in appearance to the main building in terms of
design, colour and materials.
(8) Accessory buildings shall not be closer the front lot line than the building
line, 1 m to the side lot line, and 1 m to rear lot line, and accessory buildings
shall maintain a minimum separation distance of 2 m from a dwelling.
(9) An open or partially enclosed deck attached to the dwelling shall not extend
into the minimum permissible front and side yards, and shall not be closer to
the rear lot line than 1 m.
5.
Accessory Uses (see Regulation 30)
6.
Advertisements (see Regulations 31 to 36)
7.
Agricultural Uses, Livestock
Agricultural uses are restricted to those compatible with a residential area and are
subject to the approval of the Agrifoods Division of th Department of Natural
Resources.
8.
Residential Development and Agriculture (see Regulation 38)
64
9.
Archaeological Sites (see Regulation 38)
10.
Bed and Breakfast, Boarding House
Bed and breakfast and boarding house are permitted, provided that the proposed
building has an exterior design which is sensitive t the residential character of the
surrounding area and respects the scale and density of adjacent dwellings and the
development is landscaped in a manner compatible with the surrounding
residential area.
11.
Buffers -Non-Residential (see Regulation 40)
12.
Building Line and Setback (see Regulation 41)
13.
Buildings on a Lot and Farm Dwelling Exemption (see Regulation 42)
14.
Child Care
Child Care is permitted provided the owner of the business resides in the dwelling
and the business is conducted entirely withing the dwelling.
15.
Commercial Residential
In addition to the General Development Standards and other requirements of this
zone, the following conditions shall apply.
a) Commercial Residential shall be limited to tourist cabins without accessory
uses and buildings, except for that necessary for maintenance and office
purposes.
b) one dwelling may be permitted.
c) except for fences, no structure, including accessory buildings shall be closer to
any of the lot lines than 10 metres.
d) the development shall be compatible with the residential development of the
neighbourhood.
16.
Comprehensive Development
Subject to the approval from the Government Service Centre for water and waste
disposal services, the Town in its discretion may approve a comprehensive
development that only in the use classes and overall density complies with the
requirements of this zone. Provided that the comprehensive development fronts
on a public road individual developments within the Comprehensive
Development need not front directly on a public road. Where the development
adjoins a public road, the building line setbacks for this zone shall apply.
65
17.
Discretionary Use Classes (see Regulation 43)
18.
Fences (see Regulation 45)
19.
Home Business Accessory Use
See also Regulation 30 - Accessory Uses.
A Home Business shall only be permitted if:
a)
the primary use of the property remains residential and the scope and
intensity of the use classes is entirely compatible with the residential uses
of the property and neighbourhood, and the business is operated by a
resident of the dwelling.
b)
adequate parking is provided;
c)
no mechanical equipment is used except that reasonably consistent with
the use of a dwelling;
d)
no wholesale or retail sale of goods is externally apparent - for example, if
sale of crafts occurs it does not occur through walk-in or drive-in trade;
e)
there is no outdoor storage or display;
f)
a non-illuminated identification sign not exceeding 0.28 m in area shall be
permitted on the dwelling provided that the sign is consistent with
residential character of the neighbourhood;
g)
a non-illuminated identification sign not exceeding 0.28 m in area shall be
permitted on the dwelling provided that the sign is consistent with
residential character of the neighbourhood;
20.
Lot Area, Lot Area and Size Exceptions, Lot Frontage (see Regulations 47, 48
and 49)
21.
Mineral Exploration (see Regulation 50)
22.
Mineral Working Buffer
23.
Non-Conforming Uses and Non-Conforming Uses -Discontinuance (see
Regulations 51 and 52)
24.
Outdoor Market
The outdoor market in this zone shall be limited to the sale of produce from the
property and shall be compatible with surrounding residential uses.
66
25.
Parking and Offstreet Loading Requirements (see Regulation 54)
26.
Parks and Playgrounds, and Conservation Uses (see Regulation 55)
27.
Protected Road Zoning Plan
Development within 100 metres of the centre-line of the Northern Peninsula
Highway, Route 430, is subject to review by the Government Service Centre of
the Department of Government Services before a permit is issued by the Town.
28.
Screening and Landscaping (see Regulation 56)
29.
Seismic Station Buffer (see Regulation 57)
30.
Services and Public Utilities (see Regulation 58)
31.
Side Yards (see Regulation 59)
32.
Site Development (see Regulation 60)
33.
Site Development Quarry and Soil Removal (see Regulation 61)
34.
Solid Waste Disposal Site Buffer (see Regulation 62)
35.
Street Construction Standards (see Regulation 63)
36.
Subdivision of Land (see Part III - Regulations 70 to 86)
37.
Subsidiary Apartments (see Regulation 64)
38.
Subsidiary Dwelling (see Regulation 65)
39.
Unserviced Development (see Regulation 66)
40.
Unsubdivided Land (see Regulation 67)
41.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted
(see Part IV - Regulations 87 - 91 )
42
Waterways and Wetlands (see Regulation 68)
43.
Utility - Wind Mills, Wind Turbines, Wind Farms (see Regulation 6).
67
ZONE TITLE: MIXED USE DEVELOPMENT (MD) (Cormack)
PERMITTED USE CLASSES - (see Regulation 89)
Bed and Breakfast, Boarding House, Child Care, Conservation, Cultural and Civic, Family
and Group Care Centre, Fire Station, Mobile Home, Place of Worship, Police Station,
Public Utility, Recreational Open Space, Single Dwelling, Subsidiary Apartment and
Subsidiary Dwelling.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 90)
Agriculture Condition 7), Antenna, Apartment Building (Condition 9) Business and
Personal Service Uses Group, Double Dwelling (Condition 9), Campground, Catering,
Cemetery, Clubs and Lodges, Commercial Residential, General Assembly, Indoor Market,
Light Industry, Mineral Exploration, Outdoor Market, Place of Worship, Row Dwelling
(Condition 9), Shop and Utility.
CONDITIONS FOR THE MIXED USE DEVELOPMENT ZONE
1. General Development Standards - Permitted Uses
Lot Area:
As determined by the Department of Government of Services or
5,000 m2 whichever is greater.
Lot Frontage: As determined by the Department of Government of Services or 30
metres minimum, whichever is greater.
Minimum Building Line Setback:
The minimum setback from a public road shall be 15 metres where the property
front lot line runs along a public road reserve, or 6 metres where the property
front lot line runs along a Crown Land windbreak that runs between the property
and the public road reserve. (See also Regulation 41)
Sideyards:
5 metres minimum.
Sideyard Flanking Road:
5 metres minimum.
Rearyard:
10 metres minimum.
Lot Coverage (all buildings): 33% maximum.
68
2. General Development Standards - Discretionary uses.
(1)
See Regulation 43.
(2)
Discretionary uses shall conform to the frontage, building line setback,
sideyard, rearyard, and lot coverage specified for a permitted use.
3.
Accesses and Service Streets (see Regulation 28)
4.
Accessory Buildings
(1) See Regulation 29.
(2) Accessory buildings may be used for commercial purposes.
(3) Accessory buildings shall not be erected upon or placed upon any
easements.
(4) Exclusive of cold frames, decks, gazebos, greenhouses, swimming pools and
temporary repair shelters, accessory buildings shall have a lot coverage no
greater than 10 percent of the lot area, up to a maximum of 95 square metres
for each single dwelling or dwelling unit in a double dwelling.
(5) The height of an accessory building shall not exceed 6 metres.
(6) Radio and television antennae shall have a maximum height of 15 metres.
(7) With the exception of greenhouses and swimming pools, accessory
buildings shall be similar in appearance to the main building in terms of
design, colour and materials.
(8) Accessory buildings shall not be closer the front lot line than the building
line, 1 m to the side lot line, and 1 m to rear lot line, and accessory buildings
shall maintain a minimum separation distance of 2 m from a dwelling.
(9) An open or partially enclosed deck attached to the dwelling shall not extend
into the minimum permissible front and side yards, and shall not be closer to
the rear lot line than 1 m.
69
5.
Accessory Uses (see Regulation 30)
6.
Advertisements (see Regulations 31 to 36)
7.
Agricultural Uses
(1) The agricultural use shall be such as to occur without detriment to the use and
enjoyment of adjoining residential properties.
(2) Approval of the Agrifoods Division is required, along with all other government
departments and agencies is required before a permit is issued by the Town.
(3) The maximum allowable number of livestock units permitted in this zone is four.
(4) The separation distances typically associated with an agricultural use, including
distances from dwellings, property lines and roads under Regulation 37 shall not
apply.
(5) Minimum Lot area and Frontage- 1 hectare and 45 metres.
(6) See Condition 1 for Minimum: Building Line Set Back, Sideyards, Side Yard
Flanking Road, Rear Yard, and for Lot Coverage (maximum).
8.
Residential Development and Agriculture (see Regulation 38)
9.
Apartment Building, Double Dwelling and Row Dwelling - Seniors Housing
An apartment building, double dwelling and row dwelling may only be approved
as a discretionary use if the Town is satisfied that such development comprises a
seniors housing development.
10.
Archaeological Sites (see Regulation 38)
11.
Bed and Breakfast, Boarding House
Bed and breakfast and boarding house are permitted, provided that the proposed
building has an exterior design which is sensitive t the residential character of the
surrounding area and respects the scale and density of adjacent dwellings and the
development is landscaped in a manner compatible with the surrounding
residential area.
12.
Buffers -Non-Residential (see Regulation 40)
13.
Building Line and Setback (see Regulation 41)
14.
Buildings on a Lot and Farm Dwelling Exemption (see Regulation 42)
15.
Campground
A plan of the campground shall be submitted in a format satisfactory t the Town,
showing and specifying the number and location of campsites and all facilities,
70
services, internal roads and measures for buffering and/or screening. The
approved plan, together with any other approvals and conditions shall form part
of the permit.
16.
Child Care
Child Care is permitted provided the owner of the business resides in the dwelling
and the business is conducted entirely withing the dwelling.
17.
Comprehensive Development
Subject to the approval from the Government Service Centre for water and waste
disposal services, the Town in its discretion may approve a comprehensive
development that only in the use classes and overall density complies with the
requirements of this zone. Provided that the comprehensive development fronts
on a public road individual developments within the Comprehensive
Development need not front directly on a public road. Where the development
adjoins a public road, the building line setbacks for this zone shall apply.
18.
Discretionary Use Classes (see Regulation 43)
19.
Family and Group Care Centres (see Regulation 44)
20.
Fences (see Regulation 45)
21.
Home Business Accessory Use
See also Regulation 30 - Accessory Uses.
A Home Business shall only be permitted if:
a)
the primary use of the property remains residential and the scope and
intensity of the use classes is entirely compatible with the residential uses
of the property and neighbourhood, and the business is operated by a
resident of the dwelling.
b)
adequate parking is provided;
c)
no mechanical equipment is used except that reasonably consistent with
the use of a dwelling;
d)
no wholesale or retail sale of goods is externally apparent - for example, if
sale of crafts occurs it does not occur through walk-in or drive-in trade;
e)
there is no outdoor storage or display;
71
f)
a non-illuminated identification sign not exceeding 0.28 m in area shall be
permitted on the dwelling provided that the sign is consistent with
residential character of the neighbourhood;
g)
a non-illuminated identification sign not exceeding 0.28 m in area shall be
permitted on the dwelling provided that the sign is consistent with
residential character of the neighbourhood;
22.
Lot Area, Lot Area and Size Exceptions, Lot Frontage (see Regulations 47, 48
and 49)
23.
Mineral Exploration (see Regulation 50)
24.
Mineral Working Buffer
No new dwelling may be permitted within 300 metres of a Mineral Working
unless it has been approved by the Department of Natural Resources.
25.
Non-Conforming Uses and Non-Conforming Uses -Discontinuance (see
Regulations 51 and 52)
26.
Parking and Offstreet Loading Requirements (see Regulation 54)
27.
Parks and Playgrounds, and Conservation Uses (see Regulation 55)
28.
Protected Road Zoning Plan
Development within 100 metres of the centre-line of the Northern Peninsula
Highway, Route 430, is subject to review by the Government Service Centre of
the Department of Government Services before a permit is issued by the Town.
29.
Screening and Landscaping (see Regulation 56)
30.
Seismic Station Buffer (see Regulation 57)
31.
Services and Public Utilities (see Regulation 58)
32.
Side Yards (see Regulation 59)
33.
Site Development (see Regulation 60)
34.
Site Development Quarry and Soil Removal (see Regulation 61)
35.
Solid Waste Disposal Site Buffer (see Regulation 62)
36.
Street Construction Standards (see Regulation 63)
37.
Subdivision of Land (see Part III - Regulations 70 to 86)
72
38.
Subsidiary Apartments (see Regulation 64)
39.
Subsidiary Dwelling (see Regulation 65)
39.
Unserviced Development (see Regulation 66)
40.
Unsubdivided Land (see Regulation 67)
41.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted
(see Part IV - Regulations 87 - 91 )
42
Waterways and Wetlands (see Regulation 68)
43.
Utility - Wind Mills, Wind Turbines, Wind Farms (see Regulation 6).
73
ZONE TITLE: COMMUNITY CENTRE (CC) (Cormack)
PERMITTED USE CLASSES - (see Regulation 89)
Antenna, Apartment Building (see Condition 6), Cemetery, Conservation, Cultural and
Civic, Double Dwelling (Condition 6), Fire Station, General Assembly, Indoor Assembly,
Outdoor Assembly, Place of Worship, Police Station, Public Utility, Recreational Open Space
and Row Dwelling (see Condition 6 ) .
DISCRETIONARY USE CLASSES - (see Regulations 23 and 90)
Utility.
CONDITIONS FOR THE COMMUNITY CENTRE ZONE
1. General Development Standards - Permitted Uses
Lot Area:
As determined by the Department of Government of Services or
5,000 m2whichever is greater.
Lot Frontage: As determined by the Department of Government of Services or 30
metres minimum, whichever is greater.
Minimum Building Line Setback:
The minimum setback from a public road shall be 15 metres where the property
front lot line runs along a public road reserve, or 6 metres where the property
front lot line runs along a Crown Land windbreak that runs between the property
and the public road reserve. (See also Regulation 41)
Sideyards:
5 metres minimum.
Sideyard Flanking Road:
5 metres minimum.
Rearyard:
10 metres minimum.
Lot Coverage (all buildings): 33% maximum.
2.
Accesses and Service Streets (see Regulation 28)
4.
Accessory Buildings - Residential Development
(1) See Regulation 29.
74
(2) Accessory buildings may be used for commercial purposes.
(3) Accessory buildings shall not be erected upon or placed upon any
easements.
(4) Exclusive of cold frames, decks, gazebos, greenhouses, swimming pools and
temporary repair shelters, accessory buildings shall have a lot coverage no
greater than 10 percent of the lot area, up to a maximum of 95 square metres
for each single dwelling or dwelling unit in a double or row dwelling.
(5) The height of an accessory building shall not exceed 6 metres.
(6) Radio and television antennae shall have a maximum height of 15 metres.
(7) With the exception of greenhouses and swimming pools, accessory
buildings shall be similar in appearance to the main building in terms of
design, colour and materials.
(8) Accessory buildings shall not be closer the front lot line than the building
line, 1 m to the side lot line, and 1 m to rear lot line, and accessory buildings
shall maintain a minimum separation distance of 2 m from a dwelling.
(9) An open or partially enclosed deck attached to the dwelling shall not extend
into the minimum permissible front and side yards, and shall not be closer to
the rear lot line than 1 m.
4.
Accessory Uses (see Regulation 30)
5.
Advertisements (see Regulations 31 to 36)
6.
Apartment Building, Double Dwelling and Row Dwelling - Seniors Housing
An apartment building, double dwelling and row dwelling may only be approved
as a discretionary use if the Town is satisfied that such development comprises a
seniors housing development.
7.
Archaeological Sites (see Regulation 38)
8.
Buffers -Non-Residential (see Regulation 40)
9.
Building Line and Setback (see Regulation 41)
75
10.
Buildings on a Lot (see Regulation 42)
11.
Comprehensive Development
Subject to the approval from the Government Service Centre for water and waste
disposal services, the Town in its discretion may approve a comprehensive
development that only in the use classes and overall density complies with the
requirements of this zone. Provided that the comprehensive development fronts
on a public road individual developments within the Comprehensive
Development need not front directly on a public road. Where the development
adjoins a public road, the building line setbacks for this zone shall apply.
12.
Discretionary Use Classes (see Regulation 43)
13.
Fences (see Regulation 45)
14.
Lot Area, Lot Area and Size Exceptions, Lot Frontage (see Regulations 47, 48
and 49)
15.
Mineral Working Buffer
No new dwelling may be permitted within 300 metres of a Mineral Working
unless it has been approved by the Department of Natural Resources.
16.
Non-Conforming Uses and Non-Conforming Uses -Discontinuance (see
Regulations 51 and 52)
17.
Outdoor Storage
The Town may permit open storage of materials, goods and machinery associated
with a permitted or discretionary use provided:
a) the open storage is not located in the front yard; and
b) the Town may require open storage to be fenced or screened.
18.
Parking and Offstreet Loading Requirements (see Regulation 54)
19.
Parks and Playgrounds, and Conservation Uses (see Regulation 55)
20.
Protected Road Zoning Plan
Development within 100 metres of the centre-line of the Northern Peninsula
Highway, Route 430, is subject to review by the Government Service Centre of
the Department of Government Services before a permit is issued by the Town.
21.
Screening and Landscaping (see Regulation 56)
76
22.
Seismic Station Buffer (see Regulation 57)
23.
Services and Public Utilities (see Regulation 58)
24.
Side Yards (see Regulation 59)
26.
Site Development (see Regulation 60)
27.
Solid Waste Disposal Site Buffer (see Regulation 62)
28.
Street Construction Standards (see Regulation 63)
29.
Subdivision of Land (see Part III - Regulations 70 to 86)
30.
Unserviced Development (see Regulation 66)
31.
Unsubdivided Land (see Regulation 67)
32.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted
(see Part IV - Regulations 87 - 91 )
33
Waterways and Wetlands (see Regulation 68)
34.
Utility - Wind Mills, Wind Turbines, Wind Farms (see Regulation 6).
77
ZONE TITLE: RURAL MIXED (RM) (Cormack)
PERMITTED USE CLASSES - (see Regulation 89)
Agriculture, Conservation, Forestry, Public Utility and Single Dwelling.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 90)
Animal, Antenna, Apartment, Bed and Breakfast and Boarding House, Business and
Personal Use, Campground, Cemetery, Commercial-Residential, Fire Station, General
Industry, Group Mercantile, Mineral Exploration, Mineral Working Outdoor Assembly,
Outdoor and Indoor Market, Police Station, Recreational Open Space, Service Station and
Utility.
DRA-2010-1 & NL Gazette
CONDITONS FOR THE RURAL MIXED ZONE
1. General Development Standards
Lot Area:
As determined by the Agrifoods Branch and/or the Forest Resources Branch of the Department
of Natural Resource and the Government Service Centre in consultation with the Town. See also
Regulation 38.
Lot Frontage: 60 metres minimum, except as otherwise determined under Regulation 38.
Minimum Building Line Setback:
The minimum setback from a public road shall be 15 metres where the property front lot line
runs along a public road reserve, or 6 metres where the property front lot line runs along a Crown
Land windbreak that runs between the property and the public road reserve. (See also Regulation
41)
Sideyards:
5 metres minimum.
Sideyard Flanking Road:
5 metres minimum.
Rearyard:
10 metres minimum.
2. Accesses and Service Streets (see Regulation 28)
3. Accessory Buildings (see Regulation 29)
4. Accessory Uses (see Regulation 30)
78
5.
Advertisements (see Regulations 31 to 36)
6.
Agriculture and Farming (see Regulation 37)
7.
Residential Development and Agriculture (see Regulation 38)
8.
Archaeological Sites (see Regulation 38)
9.
Buffers - Non-Residential (see Regulation 40)
10.
Building Line and Setback (see Regulation 41)
11.
Buildings on a Lot (see Regulation 42)
12.
Campground
A plan of the campground shall be submitted in a format satisfactory to the Town,
showing and specifying the number and location of campsites and all facilities, services,
internal roads and measures for buffering and/or screening. The approved plan, together
with any other approvals and conditions shall form part of the permit.
13.
Comprehensive Development
Subject to the approval from the Government Service Centre for water and waste disposal
services, the Town in its discretion may approve a comprehensive development that only
in the use classes and overall density complies with the requirements of this zone.
Provided that the comprehensive development fronts on a public road individual
developments within the Comprehensive Development need not front directly on a public
road. Where the development adjoins a public road, the building line setbacks for this
zone shall apply.
14.
Discretionary Use Classes (see Regulation 43)
15.
Fences (see Regulation 45)
16.
Forestry (see Regulation 46)
17.
General Industry
(1) General Industry uses shall not create a nuisance and not adversely affect the
amenity of the surrounding area.
(2)
The Town shall require the provision of buffering by the developer to the
satisfaction of the Town.
DRA-2010-1 & NL Gazette
79
18.
Home Business Accessory Use See also Regulation 30 - Accessory Uses. A Home
Business shall only be permitted if:
a)
the primary use of the property remains residential and the scope and intensity of
the use classes is entirely compatible with the residential uses of the property and
neighbourhood, and the business is operated by a resident of the dwelling;
b)
adequate parking is provided;
c)
no mechanical equipment is used except that reasonably consistent with the use of
a dwelling;
d)
no wholesale or retail sale of goods is externally apparent - for example, if sale of
crafts occurs it does not occur through walk-in or drive-in trade;
e)
there is no outdoor storage or display;
f)
a non-illuminated identification sign not exceeding 0.28 m
2
in area shall be
permitted on the dwelling provided that the sign is consistent with residential
character of the neighbourhood;
g)
no change in the type, class or extent of the home occupation shall be permitted
except with the approval of the Town.
19.
Mineral Exploration (see Regulation 50)
20.
Mineral Working
Mineral workings are subject to this Regulation, any other applicable regulations and the
approval of the Department of Natural Resources.
(1)
Separation from Adjacent Use - Unless the Town is satisfied that the working will
not create a nuisance and will not adversely affect the amenity of the specified
development or natural feature, no mineral working shall be located closer than
the minimum distances set out below to the specified development or natural
feature:
a)
Existing or Proposed Residential Development
- where no blasting is involved
300 metres
- where blasting is involved
1000 metres
b)
Any Other Existing or Proposed Development
150 metres
c)
Public Highway or street
50 metres
d)
Protected Road
90 metres
e)
Body of water or watercourse
50 metres
80
(2)
Screening - A mineral working shall be properly screened where it is visible from
a public street or highway, developed area, or area likely to be developed during
the life of the use.
Where natural topography creates a visual screen between mineral workings and
adjacent public highways and streets or other land uses (excepting forestry and
agriculture), additional screening may not be required.
(3)
Fencing - The Town may require the mineral working site or excavated areas of a
pit or quarry working to be enclosed by a fence designed and constructed to its
specifications and no less than 1.8 metres in height.
(4)
Water Pollution - No mineral working or associated storm or sanitary drainage
shall unacceptably reduce the quality of water in any body of water or
watercourse. Any access road to a pit or quarry working which crosses a brook or
stream shall be bridged or culverted at the crossing in accordance with the Acts
and Regulations of the Department of Environment and Conservation.
(5)
Water Ponding - No mineral working or associated storm or sanitary drainage
shall unacceptably reduce the quality of water in any body of water or
watercourse. Any access road to a pit or quarry working which crosses a brook or
stream shall be bridged or culverted at the crossing in accordance with the
Regulations of the Department of Environment and Conservation.
(6)
Erosion Control - No mineral working shall be carried out in a manner so as to
cause erosion of adjacent land.
(7)
Site Maintenance - The mineral working shall be kept clean of refuse, abandoned
vehicles, and abandoned equipment and any derelict buildings.
(8)
Access Roads - During extended periods of shutdown, access roads to a mineral
working shall be ditched or barred to the satisfaction of the Town.
(9)
Operating Plant and Associated Processing and Manufacturing - The Town may
permit processing and manufacturing use associated with mineral workings
provided that, in the opinion of the Town, the use does not create a nuisance nor is
liable to become a nuisance or offensive by the creation of noise or vibration, or
by reason of the emission of fumes, dust, dirt, objectionable odour, or by reason
of unsightly storage of materials.
(10)
Termination and Site Rehabilitation - Upon completion of the mineral working,
the following work shall be carried out by the operation:
a)
all buildings, machinery and equipment shall be removed;
b)
all pit and quarry slopes shall be graded to slopes less than 20 or to the
81
slope conforming to that existing prior to the mineral working;
c)
topsoil and any organic materials shall be re-spread over the entire
quarried area;
d)
the access road to the working shall be ditched or barred to the satisfaction
of the Town;
e)
if the mineral working contains reserves of material sufficient to support
further extraction operations, the Town may require the work described
above to be carried out only in areas of the site where extraction has
depleted aggregate reserves.
21.
Non-Conforming Uses and Non-Conforming Uses - Discontinuance (see Regulations
51 and 52)
22.
Offensive and Dangerous Uses (see Regulation 53)
23.
Parking Requirements and Offstreet Loading Requirements (see Regulation 54)
24.
Parks and Playgrounds, and Conservation Uses (see Regulation 55)
25.
Protected Road Zoning Plan
Development within 100 metres of the centre-line of the Northern Peninsula Highway,
Route 430, is subject to review by the Government Service Centre of the Department of
Government Services before a permit is issued by the Town.
26.
Recreational Open Space and Trails
Recreational Open Space and Trails may be permitted in this zone subject to the
following conditions:
a)
the proposed use shall not interfere with adjacent agricultural and other natural
resource uses by virtue of noise, increased traffic or other activities;
b)
the proposed use shall not prejudice the continuation of existing agricultural and
other natural resource uses and operational practices which may not be
compatible with the proposed use;
c)
applications for recreational open space uses shall be referred to the Department
of Natural Resources before approval is granted by the Town.
27.
Screening and Landscaping (see Regulation 56)
28.
Seismic Station Buffer (see Regulation 57)
29.
Services and Public Utilities (see Regulation 58)
82
30.
Service Stations
The following requirements shall apply to all proposed service stations:
a)
all gasoline pumps shall be located on pump islands designed for such purpose,
and to which automobiles may gain access from either side;
b)
pump islands shall be set back at least 4 metres from the front lot line;
c)
accesses shall not be less than 7 metres wide and shall be clearly marked, and
where a service station is located on a corner lot, the minimum distance between
an access and the intersection of street lines at the junction shall be 10 metres and
the lot line between entrances shall be clearly indicated.
31.
Side Yards (see Regulation 59)
32.
Single Dwelling
To ensure that such development does not impede nearby agricultural activities, a single
dwelling is subject to the approval of the Agrifoods Division of the Department of
Natural Resources before a permit is issued by the Town.
33.
Site Development (see Regulation 60)
34.
Site Development Quarry and Soil Removal (see Regulation 61)
35.
Solid Waste Disposal Site Buffer (see Regulation 62)
36.
Street Construction Standards (see Regulation 63)
37.
Subdivision of Land (see Part III - Regulations 70 to 86)
38.
Subsidiary Apartments (see Regulation 64)
39.
Subsidiary Dwelling (See Regulation 65)
40.
Unserviced Development (see Regulation 66)
41.
Unsubdivided Land (see Regulation 67)
42.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted (see
Part IV - Regulations 87 to 91)
83
43. Waterways and Wetlands (see Regulation 68)
44. Utility - Wind Mills, Wind Turbines, Wind Farms (see Regulation 69)
84
ZONE TITLE: HIGHWAY COMMERCIAL (HC) (Cormack)
PERMITTED USE CLASSES - (see Regulation 89)
Amusement, Antenna, Campground, Catering, Club and Lodge, Commercial-Residential,
Communications, Conservation, Cultural and Civic, Fire Station, General Industry
(Commercial Garage only), General Service, Indoor Market, Light Industry, Medical and
Professional, Mineral Exploration, Office, Outdoor Assembly, Outdoor Market, Personal
Service, Passenger Assembly, Police Station, Public Utility, Recreational Open Space,
Service Station, Shop, Take-out Food Service, Taxi Stand, Transportation and Veterinary.
DISCRETIONARY USE CLASSES - (see Regulation 90)
Utility
CONDITIONS FOR THE HIGHWAY COMMERCIAL ZONE
1.
Development Standards
a)
Minimum Building Line setback
15 metres (see also Regulation 21)
b)
Minimum Sideyeard width
5 metres
c)
Minimum Rearyard Depth
10 metres
d)
Maximum Height
10 metres
3.
Accessory Uses (see Regulation 30)
4.
Advertisements (see Regulations 31 to 36)
5.
Archaeological Sites (see Regulation 38)
6.
Buffers -Non-Residential (see Regulation 40)
7.
Building Line and Setback (see Regulation 41)
8.
Buildings on a Lot (see Regulation 42)
9.
Campground
A plan of the campground shall be submitted in a format satisfactory to the Town,
showing and specifying the number and location of campsites and all facilities, services,
85
internal roads and measures for buffering and/or screening. The approved plan, together
with any other approvals and conditions shall form part of the permit.
10.
Comprehensive Development
Subject to the approval from the Government Service Centre for water and waste disposal
services, the Town in its discretion may approve a comprehensive development that only
in the use classes and overall density complies with the requirements of this zone.
Provided that the comprehensive development fronts on a public road individual
developments within the Comprehensive Development need not front directly on a public
road. Where the development adjoins a public road, the building line setbacks for this
zone shall apply.
11.
Discretionary Use Classes (see Regulation 43)
12.
Fences (see Regulation 45)
13.
Lot Area, Lot Area and Size Exceptions, Lot Frontage (see Regulations 47, 48 and
49)
14.
Mineral Exploration (see Regulation 50)
15.
Mineral Working Buffer
No new dwelling may be permitted within the buffer of a Mineral Working unless it has
been approved by the Department of Natural Resources.
16.
Non-Conforming Uses and Non-Conforming Uses -Discontinuance (see Regulations
51 and 52)
17.
Outdoor Storage
The Town may permit open storage of materials, goods and machinery associated with a
permitted or discretionary use provided:
86
a) the open storage is not located in the front yard; and b) the Town may require open
storage to be fenced or screened.
18.
Parking Requirements and Offstreet Loading Requirements (see Regulation 54)
19.
Parks and Playgrounds, and Conservation Uses (see Regulation 55)
20.
Protected Road Zoning Plan
Development within 100 metres of the centre-line of the Viking Trail, Route 430, is
subject to review by the Government Service Centre of the Department of Government
Services before a permit is issued by the Town.
21.
Road Frontage
All use classes, except for marinas, must front onto an existing public road or a
subdivision road built in conformity with the standards in these Regulations.
22.
Screening and Landscaping (see Regulation 56)
23.
Seismic Station Buffer (see Regulation 57)
24.
Service Stations
The following requirements shall apply to all proposed service stations:
a)
all gasoline pumps shall be located on pump islands designed for such
purpose, and to which automobiles may gain access from either side;
b)
pump islands shall be set back at least 4 metres from the front lot line;
c)
accesses shall not be less than 7 metres wide and shall be clearly marked,
and where a service station is located on a corner lot, the minimum distance
between an access and the intersection of street lines at the junction shall be 10
metres and the lot line between entrances shall be clearly indicated.
25.
Services and Public Utilities (see Regulation 58)
26.
Side Yards (see Regulation 59)
27.
Site Development (see Regulation 60)
28.
Site Development Quarry and Soil Removal (see Regulation 61)
87
29.
Solid Waste Disposal Site (see Regulation 62)
30.
Street Construction Standards (see Regulation 63)
31.
Subdivision of Land (see Part III - Regulations 70 to 86)
32.
Unserviced Development (see Regulation 66)
33.
Unsubdivided Land (see Regulation 67)
34.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted (see
Part IV - Regulations 87 to 91)
35.
Waterways and Wetlands (see Regulation 68)
36.
Utility - Wind Mills, Wind Turbines, Wind Farms (see Regulation 69
88
ZONE TITLE: AGRICULTURE (A) (Cormack)
PERMITTED USE CLASSES - (see Regulation 89)
Agriculture, Antenna, Conservation, Forestry, Mineral Exploration, Public Utility and Single
Dwelling (Conditions 30 and 31).
DISCRETIONARY USE CLASSES - (see Regulations 23 and 90)
Animal, Bed and Breakfast, Campground, Commercial Residential, General Industry,
Mineral Working, Outdoor Market, Recreational Open Space, Utility and Veterinary.
CONDITIONS FOR THE AGRICULTURE ZONE
1.
General Development Standards
Lot Area:
As determined by the Forest Resources Branch and/or the Agrifoods Branch of the Department
of Natural Resource and the Government Service Centre in consultation with the Town. See also
Regulation 38.
Lot Frontage:
As determined by the Forest Resources Branch and/or the Agrifoods Branch of the Department
of Natural Resource and the Government Service Centre in consultation with the Town. See also
Regulation 38.
Minimum Building Line Setback:
The minimum setback from a public road shall be 15 metres where the property front lot line
runs along a public road reserve, or 6 metres where the property front lot line runs along a Crown
Land windbreak that runs between the property and the public road reserve. (See also Regulation
41)
Sideyard Flanking Road:
5 metres minimum.
Rearyard:
10 metres minimum.
2.
Accesses and Service Streets (see Regulation 28)
3.
Accessory Buildings (see Regulation 29)
89
4.
Accessory Uses (see Regulation 30)
5.
Advertisements (see Regulations 31 to 36)
6.
Agriculture and Farming (see Regulation 37)
7.
Residential Development and Agriculture (see Regulation 38)
8.
Campground and Commercial Residential Development
A campground and/or a commercial residential development may be permitted in this
zone as a discretionary use, provided:
a)
a portion of the development is located in either the Mixed Use Development or
Rural Mixed zones;
b)
the development is accessed through the Mixed Use Development or Rural Mixed
zone;
c)
the development does not excessively intrude into the Agriculture Zone and will
not have a negative impact on nearby existing or proposed agriculture or forestry
uses;
d)
the development is granted approval by the Agrifoods Branch of the Department
of Natural Resources and the Department of Government Services before
approval is granted by the Town.
9.
Archaeological Sites (see Regulation 39)
10.
Buffers - Non-Residential (see Regulation 40)
11.
Building Line and Setback (see Regulation 41)
12.
Buildings on a Lot (see Regulation 42)
13.
Discretionary Use Classes (see Regulation 43)
14.
Fences (see Regulation 45)
15.
Forestry (see Regulation 46)
16.
General Industry
(1)
General industry shall be restricted to the maintenance and repair of equipment,
processing and storage related to agriculture, forestry or mineral working uses.
90
(2)
Unless the Town is satisfied that the general industry use will not create a
nuisance and will not adversely affect the amenity of the surrounding area, the
Town shall require the provision of buffering by the developer to the satisfaction
of the Town.
17.
Home Business Accessory Use
See also Regulation 30 - Accessory Uses.
A Home Business shall only be permitted if:
a)
the primary use of the property remains residential and the scope and intensity of
the use classes is entirely compatible with the residential uses of the property and
neighbourhood, and the business is operated by a resident of the dwelling;
b)
adequate parking is provided;
c)
no mechanical equipment is used except that reasonably consistent with the use of
a dwelling;
d)
no wholesale or retail sale of goods is externally apparent - for example, if sale of
crafts occurs it does not occur through walk-in or drive-in trade;
e)
there is no outdoor storage or display;
f)
a non-illuminated identification sign not exceeding 0.28 m2 in area shall be
permitted on the dwelling provided that the sign is consistent with residential
character of the neighbourhood;
g)
no change in the type, class or extent of the home occupation shall be permitted
except with the approval of the Town.
18.
Mineral Exploration (see Regulation 50)
19.
Mineral Working
Mineral workings are subject to this Regulation, any other applicable regulations and the
approval of the Department of Natural Resources.
(1)
Separation from Adjacent Uses -Unless the Town is satisfied that the working will
not create a nuisance and will not adversely affect the amenity of the specified
development or natural feature, no mineral working shall be located closer than
the minimum distances set out below to the specified development or natural
feature:
91
a)
Existing or Proposed Residential Development
-
where no blasting is involved
300 m
-
where blasting is involved
1000 m
b)
Any Other Existing or Proposed Development
150 m
c)
Public Highway or street
50 m
d)
Protected Road
90 m
e)
Body of water or watercourse
50 m
(2)
Screening - A mineral working shall be properly screened where it is visible from
a public street or highway, developed area, or area likely to be developed during
the life of the use.
Where natural topography creates a visual screen between mineral workings and
adjacent public highways and streets or other land uses (excepting forestry and
agriculture), additional screening may not be required.
3)
Fencing - The Town may require the mineral working site or excavated areas of a
pit or quarry working to be enclosed by a fence designed and constructed to its
specifications and no less than 1.8 metres in height.
(4)
Water Pollution -No mineral working or associated storm or sanitary drainage
shall unacceptably reduce the quality of water in any body of water or
watercourse. Any access road to a pit or quarry working which crosses a brook or
stream shall be bridged or culverted at the crossing in accordance with the Acts
and Regulations of the Department of Environment and Conservation.
(5)
Water Ponding - No mineral working or associated storm or sanitary drainage
shall unacceptably reduce the quality of water in any body of water or
watercourse. Any access road to a pit or quarry working which crosses a brook or
stream shall be bridged or culverted at the crossing in accordance with the
Regulations of the Department of Environment and Conservation.
(6)
Erosion Control - No mineral working shall be carried out in a manner so as to
cause erosion of adjacent land.
(7)
Site Maintenance - The mineral working shall be kept clean of refuse, abandoned
vehicles, and abandoned equipment and any derelict buildings.
92
(8)
Access Roads - During extended periods of shutdown, access roads to a mineral
working shall be ditched or barred to the satisfaction of the Town.
(9)
Operating Plant and Associated Processing and Manufacturing - The Town may
permit processing and manufacturing use associated with mineral workings
provided that, in the opinion of the Town, the use does not create a nuisance nor is
liable to become a nuisance or offensive by the creation of noise or vibration, or
by reason of the emission of fumes, dust, dirt, objectionable odour, or by reason
of unsightly storage of materials.
(10)
Termination and Site Rehabilitation - Upon completion of the mineral working,
the following work shall be carried out by the operation:
a)
all buildings, machinery and equipment shall be removed;
b)
all pit and quarry slopes shall be graded to slopes less that 20 degrees or to
the slope conforming to that existing prior to the mineral working;
c)
topsoil and any organic materials shall be re-spread over the entire
quarried area;
d)
the access road to the working shall be ditched or barred to the satisfaction
of the Town;
e)
if the mineral working contains reserves of material sufficient to support
further extraction operations, the Town may require the work described
above to be carried out onoy in areas of th site where extraction has
depleted aggregate reserves;
20.
Non-Conforming Uses and Non-Conforming Uses - Discontinuance (see Regulations
51 and 52)
21.
Offensive and Dangerous Uses (see Regulation 53)
22.
Parking and Offstreet Loading Requirements (see Regulation 54)
23.
Parks and Playgrounds, and Conservation Uses (see Regulation 55)
24.
Protected Road Zoning Plan
Development within 100 metres of the centre-line of the Northern Peninsula Highway,
Route 430, is subject to review by the Government Service Centre of the Department of
Government Services before a permit is issued by the Town.
93
25.
Recreational Open Space and Trails
Recreational Open Space and Trails may be permitted in this zone subject to the
following conditions:
a)
the proposed use shall not interfere with adjacent agricultural and other natural
resource uses by virtue of noise, increased traffic or other activities;
b)
the proposed use shall not prejudice the continuation of existing agricultural and
other natural resource uses and operational practices which may not be
compatible with the proposed use;
c)
applications for recreational open space uses shall be referred to the Department
of Natural Resources before approval is granted by the Town.
26.
Screening and Landscaping (see Regulation 56)
27.
Seismic Station Buffer (see Regulation 57)
28.
Services and Public Utilities (see Regulation 58)
29.
Side Yards (see Regulation 59)
30.
Single Dwelling - Agricultural Property
Except as otherwise provided under Regulation 38, a single dwelling on a property being
used for agricultural purposes as defined by the Agrifoods Division can only be permitted
only as accessory to a permitted agriculture or forestry use. The dwelling is subject to the
approval of the Agrifoods Division of the Department of Natural Resources and the
Government Service Centre before a permit is issued by the Town.
31.
Single Dwelling - Non Agricultural Property
Where a property in the Agriculture Zone is not being used for agricultural purposes as
defined by the Agrifoods Division, a single dwelling is permitted provided that no further
subdivision of the lot is to take place unless the subdivision of land is deemed to increase
the size of an existing agricultural operation.
32.
Site Development (see Regulation 60)
33.
Site Development Quarry and Soil Removal (see Regulation 61)
34.
Solid Waste Disposal Site Buffer (see Regulation 62)
35.
Street Construction Standards (see Regulation 63)
36.
Subdivision of Land (see Part III - Regulations 70 to 86)
94
37.
Unserviced Development (see Regulation 66)
38.
Unsubdivided Land (see Regulation 67)
39.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted (see
Part IV - Regulations 87 to 91)
40.
Waterways and Wetlands (see Regulation 68)
41.
Utility - Wind Mills, Wind Turbines, Wind Farms (see Regulation 69)
95
ZONE TITLE: MINERAL WORKINGS ZONE (MW)
1
Mineral Exploration (see Regulation 50)
2
Mineral Working
Mineral workings are subject to this Regulation, any other applicable regulations and the
approval of the Department of Natural Resources.
(1)
Separation from Adjacent Uses -Unless the Town is satisfied that the working will
not create a nuisance and will not adversely affect the amenity of the specified
development or natural feature, no mineral working shall be located closer than
the minimum distances set out below to the specified development or natural
feature:
a)
Existing or Proposed Residential Development
- where no blasting is involved
300 metres
- where blasting is involved
1000 metres
b)
Any Other Existing or Proposed Development
150 metres
c)
Public Highway or street
50 metres
d)
Protected Road
90 metres
ZONE TITLE: MINERAL WORKINGS (MW) (Cormac k)
PERMITTED USE CLASSES - (see Regulation 89)
Conservation, General Industry (associated with Mineral Workings), Mineral
Exploration, Mineral Working and Public Utility.
DISCRETIONARY USE CLASSES (see Regulations 23 and 90)
Antenna, Public Utility, Recreational Open Space, Scrapyard and Solid Waste
Disposal.
96
e)
Body of water or watercourse 50 metres
(2)
Screening - A mineral working shall be properly screened where it is visible from
a public street or highway, developed area, or area likely to be developed during
the life of the use.
Where natural topography creates a visual screen between mineral workings and
adjacent public highways and streets or other land uses (excepting forestry and
agriculture), additional screening may not be required.
(3)
Fencing -The Town may require the mineral working site or excavated areas of a
pit or quarry working to be enclosed by a fence designed and constructed to its
specifications and no less than 1.8 metres in height.
(4)
Water Pollution -No mineral working or associated storm or sanitary drainage
shall unacceptably reduce the quality of water in any body of water or
watercourse. Any access road to a pit or quarry working which crosses a brook or
stream shall be bridged or culverted at the crossing in accordance with the Acts
and Regulations of the Department of Environment and Conservation.
(5)
Water Ponding - No mineral working or associated storm or sanitary drainage
shall unacceptably reduce the quality of water in any body of water or
watercourse. Any access road to a pit or quarry working which crosses a brook or
stream shall be bridged or culverted at the crossing in accordance with the Acts
and Regulations of the Department of Environment and Conservation.
(6)
Erosion Control - No mineral working shall be carried out in a manner so as to
cause erosion of adjacent land.
(7)
Site Maintenance - The mineral working shall be kept clean of refuse, abandoned
vehicles, and abandoned equipment and any derelict buildings.
(8)
Access Roads - During extended periods of shutdown, access roads to a mineral
working shall be ditched or barred to the satisfaction of the Town.
(9)
Operating Plant and Associated Processing and Manufacturing - The Town may
permit processing and manufacturing use associated with mineral workings
provided that, in the opinion of the Town, the use does not create a nuisance nor is
liable to become a nuisance or offensive by the creation of noise or vibration, or
by reason of the emission of fumes, dust, dirt, objectionable odour, or by reason
of unsightly storage of materials.
97
(10)
Termination and Site Rehabilitation - Upon completion of the mineral working,
the following work shall be carried out by the operation:
a)
all buildings, machinery and equipment shall be removed;
b)
all pit and quarry slopes shall be graded to slopes less than 20o or to the
slope conforming to that existing prior to the mineral working;
c)
topsoil and any organic materials shall be re-spread over the entire
quarried area;
d)
the access road to the working shall be ditched or barred to the
satisfaction of the Town;
e)
if the mineral working contains reserves of material sufficient to support
further extraction operations, the Town may require the work described
above to be carried out only in areas of the site where extraction has
depleted aggregate reserves.
5.
Advertisements (see Regulations 31 to 36)
6.
Archaeological Sites (see Regulation 39)
7.
Buffers - Non-Residential (see Regulation 40)
8.
Building Line and Setback (see Regulation 41)
9.
Buildings on a Lot (see Regulation 42)
10.
Discretionary Use Classes (see Regulation 43)
11.
Fences (see Regulation 45)
12.
Non-Conforming Uses and Non-Conforming Uses - Discontinuance (see Regulations
51 and 52)
13.
Offensive and Dangerous Uses (see Regulation 53)
14.
Parking and Offstreet Loading Requirements (see Regulation 54)
15.
Protected Road Zoning Plan
Development within 100 metres of the centre-line of the Northern Peninsula Highway,
Route 430, is subject to review by the Government Service Centre of the Department of
Government Services before a permit is issued by the Town.
16.
Recreational Open Space and Trails
98
Recreational open space uses, which include trails, may only be approved by the Town if
the Town, after consultation with the Mineral Lands Branch of the Department of Natural
Resources, has determined that the use will not negatively affect the existing or future
operations of a mineral working and that it will not affect the exploitation of the mineral
resource.
17.
Screening and Landscaping (see Regulation 56)
18.
Seismic Station Buffer (see Regulation 57)
19.
Services and Public Utilities (see Regulation 58)
20.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted (see
Part IV - Regulations 87 to 91)
21.
Waterways and Wetlands (see Regulation 68)
99
ZONE TITLE: RESOURCE DEVELOPMENT (RD)
CONDITIONS FOR THE RESOURCE DEVELOPMENT ZONE
1.
General Development Standards
The minimum lot area, frontage and front, rear and sideyards shall be as determined by
the Town, subject to the approvals of the Agrifoods, Forest Resources and Mines
Branches of the Department of Natural Resources and the Government Service Centre.
Applications shall also be referred to other departments and agencies as required.
2.
Accesses and Service Streets (see Regulation 28)
3.
Accessory Buildings (see Regulation 29)
4.
Accessory Uses (see Regulation 30)
Notwithstanding Regulation 30, accessory dwellings are a prohibited use class in this
zone.
5.
dvertisements (see Regulations 31 to 36)
6.
Agriculture and Farming (see Regulation 37)
7.
Residential Development and Agriculture (see Regulation 38)
8.
Archaeological Sites (see Regulation 39)
ZONE TITLE: RESOURCE DEVELOPMENT (RD) (Cormack)
PERMITTED USE CLASSES - (see Regulation 89)
Antenna, Conservation, Forestry, Mineral Exploration and Public Utility.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 90)
Agriculture, Animal, General Industry, Mineral Working, and Utility.
PROHIBITED USE CLASSES - (see Regulation 91)
Single Dwelling and any other residential uses within the Residential Use Group.
100
9.
Buffers - Non-Residential (see Regulation 40)
10.
Building Line and Setback (see Regulation 41)
11.
Buildings on a Lot (see Regulation 42)
12.
Discretionary Use Classes (see Regulation 43)
13.
Fences (see Regulation 45)
14.
Forestry (see Regulation 46)
15.
General Industry
(1)
General industry shall be restricted to the maintenance and repair of equipment,
processing and storage related to agriculture, forestry or mineral working uses.
(2)
Unless the Town is satisfied that the general industry use will not create a
nuisance and will not adversely affect the amenity of the surrounding area, the
Town shall require the provision of buffering by the developer to the satisfaction
of the Town.
16.
Mineral Exploration (see Regulation 50)
17.
Mineral Working
Mineral workings are subject to this Regulation, any other applicable regulations and the
approval of the Department of Natural Resources.
(1)
Separation from Adjacent Uses - Unless the Town is satisfied that the working
will not create a nuisance and will not adversely affect the amenity of the
specified development or natural feature, no mineral working shall be located
closer than the minimum distances set out below to the specified development or
natural feature:
101
(2)
Screening - A mineral working shall be properly screened where it is visible from
a public street or highway, developed area, or area likely to be developed during
the life of the use.
Where natural topography creates a visual screen between mineral workings and
adjacent public highways and streets or other land uses (excepting forestry and
agriculture), additional screening may not be required.
(3)
Fencing - The Town may require the mineral working site or excavated areas of a
pit or quarry working to be enclosed by a fence designed and constructed to its
specifications and no less than 1.8 metres in height.
(4)
Water Pollution - No mineral working or associated storm or sanitary drainage
shall unacceptably reduce the quality of water in any body of water or
watercourse. Any access road to a pit or quarry working which crosses a brook or
stream shall be bridged or culverted at the crossing in accordance with the Acts
and Regulations of the Department of Environment and Conservation.
(5)
Water Ponding - No mineral working or associated storm or sanitary drainage
shall unacceptably reduce the quality of water in any body of water or
watercourse. Any access road to a pit or quarry working which crosses a brook or
stream shall be bridged or culverted at the crossing in accordance with the
Regulations of the Department of Environment and Conservation.
(6)
Erosion Control - No mineral working shall be carried out in a manner so as to
cause erosion of adjacent land.
(7)
Site Maintenance - The mineral working shall be kept clean of refuse, abandoned
vehicles, and abandoned equipment and any derelict buildings.
(8)
Access Roads - During extended periods of shutdown, access roads to a mineral
working shall be ditched or barred to the satisfaction of the Town.
(9)
Operating Plant and Associated Processing and Manufacturing - The Town may
permit processing and manufacturing use associated with mineral workings
a)
Existing or Proposed Residential Development
-where no blasting is involved
-where blasting is involved
300 m
1000 m
b)
Any Other Existing or Proposed Development
150 m m
c)
Public Highway or street
50 m
d)
Protected Road
90m
e)
Body of water or watercourse
50 m
102
provided that, in the opinion of the Town, the use does not create a nuisance nor is
liable to become a nuisance or offensive by the creation of noise or vibration, or
by reason of the emission of fumes, dust, dirt, objectionable odour, or by reason
of unsightly storage of materials.
(10)
Termination and Site Rehabilitation -Upon completion of the mineral working,
the following work shall be carried out by the operation:
a)
all buildings, machinery and equipment shall be removed;
b)
all pit and quarry slopes shall be graded to slopes less than 20o or to the
slope conforming to that existing prior to the mineral working;
c)
topsoil and any organic materials shall be re-spread over the entire
quarried area;
d)
the access road to the working shall be ditched or barred to the satisfaction
of the Town;
e)
if the mineral working contains reserves of material sufficient to support
further extraction operations, the Town may require the work described
above to be carried out only in areas of the site where extraction has
depleted aggregate reserves.
18.
Non-Conforming Uses and Non-Conforming Uses - Discontinuance (see Regulations
51 and 52)
19.
Offensive and Dangerous Uses (see Regulation 53)
20.
Parking and Offstreet Loading Requirements (see Regulation 54)
21.
Protected Road Zoning Plan
Development within 100 metres of the centre-line of the Northern Peninsula Highway,
Route 430, is subject to review by the Government Service Centre of the Department of
Government Services before a permit is issued by the Town.
22.
Recreational Open Space and Trails
Recreational Open Space and Trails may be permitted in this zone subject to the
following conditions:
a)
the proposed use shall not interfere with adjacent agricultural and other natural
resource uses by virtue of noise, increased traffic or other activities;
103
b)
the proposed use shall not prejudice the continuation of existing agricultural and
other natural resource uses and operational practices which may not be
compatible with the proposed use;
c)
applications for recreational open space uses shall be referred to the Department
of Natural Resources before approval is granted by the Town.
23.
Screening and Landscaping (see Regulation 56)
24.
Seismic Station Buffer (see Regulation 57)
25.
Services and Public Utilities (see Regulation 58)
26.
Side Yards (see Regulation 59)
27.
Site Development (see Regulation 60)
28.
Site Development Quarry and Soil Removal (see Regulation 61)
29.
Street Construction Standards (see Regulation 63)
30.
Subdivision of Land (see Part III - Regulations 70 to 86)
31.
Unserviced Development (see Regulation 66)
32.
Unsubdivided Land (see Regulation 67)
33.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted (see
Part IV - Regulations 87 to 91)
34.
Waterways and Wetlands (see Regulation 68)
35.
Utility - Wind Mills, Wind Turbines, Wind Farms (see Regulation 69)
104
ZONE TITLE: COMPREHENSIVE RESOURCE DEVELOPMENT
AREA (CRDA)
CONDITIONS - COMPREHENSIVE RESOURCE DEVELOPMENT AREA ZONE
1.
General Development Standards
The minimum lot area, frontage and front, rear and sideyards shall be as determined by
the Town, subject to the approvals of the Agrifoods, Forest Resources and Mines
Branches of of the Department of Natural Resources and the Government Service
Centre. Applications shall also be referred to other departments and agencies as required.
2.
Accesses and Service Streets (see Regulation 28)
3.
Accessory Buildings (see Regulation 29)
4.
Accessory Uses (see Regulation 30)
Notwithstanding Regulation 30, accessory dwellings are a prohibited use class in this
zone.
5.
Advertisements (see Regulations 31 to 36)
ZONE TITLE: COMPREHENSIVE RESOURCE DEVELOPMENT AREA (CRDA)
PERMITTED USE CLASSES - (see Regulation 89)
Conservation and Mineral Exploration.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 90)
Agriculture, Antenna, Forestry, Mineral Working, Public Utility, Recreational Open
Space and Utility.
PROHIBITED USE CLASSES - (see Regulation 91)
Single Dwelling and any other residential uses within the Residential Use Group.
105
6.
Agriculture and Farming (see Regulation 37)
7.
Residential Development and Agriculture (see Regulation 38)
8.
Archaeological Sites (see Regulation 39)
9.
Buffers - Non-Residential (see Regulation 40)
10.
Building Line and Setback (see Regulation 41)
11.
Buildings on a Lot (see Regulation 42)
12.
Discretionary Use Classes (see Regulation 43)
13.
Fences (see Regulation 45)
14.
Forestry (see Regulation 46)
15.
General Industry
(1)
General industry shall be restricted to the maintenance and repair of equipment,
processing and storage related to agriculture, forestry or mineral working uses.
(2)
Unless the Town is satisfied that the general industry use will not create a nuisance and
will not adversely affect the amenity of the surrounding area, the Town shall require the
provision of buffering by the developer to the satisfaction of the Town.
16.
Mineral Exploration (see Regulation 50)
17.
Mineral Working
Mineral workings are subject to this Regulation, any other applicable regulations and the
approval of the Department of Natural Resources.
(1)
Separation from Adjacent Uses -Unless the Town is satisfied that the working will not
create a nuisance and will not adversely affect the amenity of the specified development
or natural feature, no mineral working shall be located closer than the minimum distances
set out below to the specified development or natural feature:
a)
Existing or Proposed Residential Development
-
where no blasting is involved
300 metres
-
where blasting is involved
1000 metres
b)
Any Other Existing or Proposed Development
150 metres
106
c)
Public Highway or street
50 metres
d)
Protected Road
90 metres
e)
Body of water or watercourse
50 metres
(2)
Screening - A mineral working shall be properly screened where it is visible from a
public street or highway, developed area, or area likely to be developed during the life of
the use.
Where natural topography creates a visual screen between mineral workings and adjacent
public highways and streets or other land uses (excepting forestry and agriculture),
additional screening may not be required.
(3)
Fencing- The Town may require the mineral working site or excavated areas of a pit or
quarry working to be enclosed by a fence designed and constructed to its specifications
and no less than 1.8 metres in height.
(4)
Water Pollution -No mineral working or associated storm or sanitary drainage shall
unacceptably reduce the quality of water in any body of water or watercourse. Any
access road to a pit or quarry working which crosses a brook or stream shall be bridged or
culverted at the crossing in accordance with the Acts and Regulations of the Department
of Environment and Conservation.
(5)
Water Ponding - No mineral working or associated storm or sanitary drainage shall
unacceptably reduce the quality of water in any body of water or watercourse. Any
access road to a pit or quarry working which crosses a brook or stream shall be bridged or
culverted at the crossing in accordance with the Regulations of the Department of
Environment and Conservation.
(6)
Erosion Control - No mineral working shall be carried out in a manner so as to cause
erosion of adjacent land.
(7)
Site Maintenance - The mineral working shall be kept clean of refuse, abandoned
vehicles, and abandoned equipment and any derelict buildings.
(8)
Access Roads - During extended periods of shutdown, access roads to a mineral working
shall be ditched or barred to the satisfaction of the Town.
(9)
Operating Plant and Associated Processing and Manufacturing
The Town may permit processing and manufacturing use associated with mineral
workings provided that, in the opinion of the Town, the use does not create a nuisance
107
nor is liable to become a nuisance or offensive by the creation of noise or vibration, or by
reason of the emission of fumes, dust, dirt, objectionable odour, or by reason of unsightly
storage of materials.
(10)
Termination and Site Rehabilitation - Upon completion of the mineral working, the
following work shall be carried out by the operation:
a)
all buildings, machinery and equipment shall be removed;
b)
all pit and quarry slopes shall be graded to slopes less than 20o or to the slope
conforming to that existing prior to the mineral working;
c)
topsoil and any organic materials shall be re-spread over the entire quarried area;
d)
the access road to the working shall be ditched or barred to the satisfaction of the
Town
e)
if the mineral working contains reserves of material sufficient to support further
extraction operations, the Town may require the work described above to be
carried out only in areas of the site where extraction has depleted aggregate
reserves.
18.
Non-Conforming Uses and Non-Conforming Uses - Discontinuance (see Regulations
51 and 52)
19.
Offensive and Dangerous Uses (see Regulation 53)
20.
Parking and Offstreet Loading Requirements (see Regulation 54)
21.
Protected Road Zoning Plan
Development within 100 metres of the centre-line of the Northern Peninsula Highway,
Route 430, is subject to review by the Government Service Centre of the Department of
Government Services before a permit is issued by the Town.
22.
Recreational Open Space and Trails
Recreational Open Space and Trails may be permitted in this zone subject to the
following conditions:
a)
the proposed use shall not interfere with adjacent agricultural and other natural
resource uses by virtue of noise, increased traffic or other activities;
b)
the proposed use shall not prejudice the continuation of existing agricultural and
other natural resource uses and operational practices which may not be
compatible with the proposed use;
108
c)
applications for recreational open space uses shall be referred to the Department
of Natural Resources before approval is granted by the Town.
23.
Screening and Landscaping (see Regulation 56)
24.
Seismic Station Buffer (see Regulation 57)
25.
Services and Public Utilities (see Regulation 58)
26.
Side Yards (see Regulation 59)
27.
Site Development (see Regulation 60)
28.
Site Development Quarry and Soil Removal (see Regulation 62)
29.
Street Construction Standards (see Regulation 63)
30.
Subdivision of Land (see Part III - Regulations 70 to 86)
31.
Unserviced Development (see Regulation 66)
32.
Unsubdivided Land (see Regulation 67)
33.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted (see
Part IV - Regulations 87 to 91)
34.
Waterways and Wetlands (see Regulation 68)
35.
Utility - Wind Mills, Wind Turbines, Wind Farms (see Regulation 69)
109
USE ZONE TABLE: ENVIRONMENTAL PROTECTION - HIGHWAY (EP-H) ZONE
PERMITTED USE CLASSES - (See Regulation 89)
Conservation, Public Utility and Recreational Open space.
CONDITIONS FOR THE ENVIRONMENTAL PROTECTION - HIGHWAY ZONE
1
Accesses and Service Streets (see Regulation 28)
2
Advertisements (see Regulations 31 to 36)
3
Archaeological Sites (see Regulation 38)
4
Discretionary Use Classes (see Regulation 43)
5
Mineral Exploration (see Regulation 50)
6
Non Conforming Uses and Non-Conforming Uses Discontinuance (see Regulations
51 and 52)
7
Parks and Playgrounds, Conservation Uses (see Regulation 56)
8.
Protected Road Zoning Plan
Development within 100 metres of the centre-line of the Northern Peninsula Highway,
Highway 430, is subject to review by the Government Service Centre of the Department
of Government Services before a permit is issued by the Town.
9.
Site Development (see Regulation 60)
10.
Site Development Quarry and Soil Removal (see Regulation 61)
11.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted (see
Part IV - Regulations 87 to 91)
12.
Waterways and Wetlands (see Regulation 68)
110
ZONE TITLE ENVIRONMENTAL PROTECTION
(Cormack)
PERMITTED USE CLASSES - (see Regulation 89)
Conservation.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 90)
Public Utility and Recreational Open Space and Trails.
ZONE TITLE ENVIRONMENTAL PROTECTION
CONDITIONS FOR THE ENVIRONMENTAL PROTECTION ZONE
1
Accesses and Service Streets (see Regulation 28)
2
Advertisements (see Regulations 31 to 36)
3
Archaeological Sites (see Regulation 38)
4
Discretionary Use Classes (see Regulation 43)
5
Mineral Exploration (see Regulation 50)
6
Non Conforming Uses and Non-Conforming Uses Discontinuance (see
Regulations 51 and 52)
7
Parks and Playgrounds, Conservation Uses (see Regulation 55)
8
Protected Road Zoning Plan
Development within 100 metres of the centre-line of the Northern Peninsula Highway,
Highway 430, is subject to review by the Government Service Centre of the Department
of Government Services before a permit is issued by the Town.
9.
Site Development (see Regulation 60)
10.
Site Development Quarry and Soil Removal (see Regulation 61)
11.
Use Zones, Use Classes, Permitted Uses, Discretionary Uses, Uses Not Permitted (see
Part IV - Regulations 87 to 91)
12.
Waterways and Wetlands (see Regulation 68)
111