Future Corner Brook 2012 Development Regulations (last revised August 29, 2025)
Corner Brook, Newfoundland and Labrador
· adopted 2013-06-28
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FUTURE
CORNER BROOK
2012 Development Regulations
CITY OF
CORNER
BROOK
REGULATIONS
This photo and cover photo credited to Kieth Nicol
2012 Development Regulations
Originally gazetted:
28 June 2013
Last revised:
29 August 2025
NOTE:
Text that appears in brackets ( ) and is italicized and in bold face, indicates the
date that an amendment has been made to that section and the City of Corner
Brook Amendment file number. For further information please contact the
Planning Division of the City of Corner Brook.
Table of Contents
PART I - APPLICATION ................................................................................ 1
1.
SHORT TITLE .................................................................................................................................... 1
2.
INTERPRETATION ............................................................................................................................ 1
3.
AUTHORITY ...................................................................................................................................... 2
4.
DELEGATION .................................................................................................................................... 2
6.
MUNICIPAL CODE AND REGULATIONS ........................................................................................... 3
7.
COMPLIANCE WITH REGULATIONS ................................................................................................ 3
8.
PERMIT REQUIRED .......................................................................................................................... 3
9.
PERMIT TO BE ISSUED .................................................................................................................... 4
10.
PERMIT NOT TO BE ISSUED IN CERTAIN CASES ........................................................................ 4
11.
DISCRETIONARY POWERS OF AUTHORITY ................................................................................. 5
12.
VARIANCES BY AUTHORITY ......................................................................................................... 5
13.
NOTICE OF VARIANCE ................................................................................................................. 6
14.
SERVICE LEVY ............................................................................................................................. 6
15.
DEVELOPMENT GUARANTEES .................................................................................................... 7
16.
DEDICATION OF LAND FOR PUBLIC USE .................................................................................... 8
17.
REINSTATEMENT OF LAND ......................................................................................................... 8
18.
FORM OF APPLICATION ............................................................................................................... 8
19.
REGISTER OF APPLICATON ......................................................................................................... 9
20.
DEFERMENT OF APPLICATION ................................................................................................... 9
21.
OUTLINE PLANNING PERMISSION ............................................................................................. 9
22.
LAND USE ASSESSMENT REPORT .......................................................................................... 10
23.
MUNICIPAL SERVICES AREA BOUNDARY ................................................................................ 12
24.
DEVELOPMENT PERMIT .......................................................................................................... 12
25.
REASONS FOR REFUSING PERMIT .......................................................................................... 13
26.
NOTICE OF APPLICATION ......................................................................................................... 14
27.
RIGHT OF ENTRY ...................................................................................................................... 14
28.
RECORD OF VIOLATIONS ......................................................................................................... 14
29.
OFFENCE .................................................................................................................................. 14
30.
STOP WORK ORDER AND PROSECUTION ............................................................................... 15
31.
RESTORATION OF LAND ........................................................................................................... 15
32.
APPEAL BOARD TO ACT AS LOCAL BOARD OF APPEAL ........................................................... 15
33.
APPEAL BOARDS ...................................................................................................................... 16
34.
BOARD STRUCTURE ................................................................................................................. 16
35.
APPEALS ................................................................................................................................... 17
36.
HEARING OF EVIDENCE - LOCATION........................................................................................ 19
37.
FEES ......................................................................................................................................... 20
38.
DEVELOPMENT MAY NOT PROCEED ....................................................................................... 21
39.
APPEAL TO COURT ................................................................................................................... 21
40.
NOTICE OF RIGHT TO APPEAL .................................................................................................. 21
41.
APPEAL REQUIREMENTS ......................................................................................................... 22
42.
APPEAL REGISTRATION ........................................................................................................... 22
43.
DEVELOPMENT PROHIBITED ................................................................................................... 23
44.
HEARING NOTICE AND MEETINGS .......................................................................................... 24
45.
HEARING OF EVIDENCE - PROCESS ........................................................................................ 24
46.
BOARD DECISION ..................................................................................................................... 24
47.
RETURN OF APPEAL FEE .......................................................................................................... 24
48.
APPEALS TO LOCAL BOARD OF APPEAL .................................................................................. 25
49.
AGRICULTURE AND FARMING ................................................................................................. 25
50.
CROWN LANDS......................................................................................................................... 26
51.
FORESTRY ................................................................................................................................ 26
52.
MINERAL WORKINGS, MINING AND MINERAL EXPLORATION ............................................... 26
53.
ARCHEOLOGY DISCOVERY....................................................................................................... 26
54.
WATERSHEDS .......................................................................................................................... 26
55.
WATERWAYS ............................................................................................................................ 26
56.
CONSERVATION OF NATURAL ENVIRONMENT OR AESTHETIC AREAS .................................. 27
57.
SHORELINE BUFFERS .............................................................................................................. 27
58.
VISUAL IMPACT ANALYSIS ....................................................................................................... 28
PART II - GENERAL DEVELOPMENT STANDARDS ..................................... 30
59.
ACCESSES AND SERVICE STREETS ......................................................................................... 31
60.
ACCESSORY BUILDINGS - GENERAL ...................................................................................... 31
61.
ACCESSORY COMMERCIAL AND INDUSTRIAL BUILDINGS..................................................... 32
62.
ACCESSORY RESIDENTIAL BUILDINGS ................................................................................... 33
63.
ACCESSORY USE ...................................................................................................................... 35
64.
ADVERTISEMENTS ................................................................................................................... 35
65.
BUFFER STRIPS ........................................................................................................................ 36
66.
BUILDING HEIGHT .................................................................................................................... 36
67.
BUILDING LINE AND SETBACK ................................................................................................ 36
68.
COASTAL BUFFER .................................................................................................................... 37
69.
COMPREHENSIVE DEVELOPMENT PLAN ................................................................................ 38
70.
COMPREHENSIVE RESIDENTIAL DEVELOPMENT .................................................................. 39
71.
FAMILY AND GROUP CARE CENTRES ...................................................................................... 39
72.
FLOOD RISK ............................................................................................................................. 40
73.
FLOOR AREA ............................................................................................................................. 42
74.
HEIGHT EXCEPTIONS ............................................................................................................... 43
75.
HERITAGE ................................................................................................................................. 43
76.
HOME BASED BUSINESS/OFFICE ........................................................................................... 44
77.
LIVESTOCK STRUCTURES AND USES ...................................................................................... 46
78.
LOT AREA .................................................................................................................................. 47
79.
LOT AREA AND SIZE EXCEPTIONS ........................................................................................... 47
80.
LOT FRONTAGE ........................................................................................................................ 47
81.
MOBILE OR MINI HOMES ......................................................................................................... 48
82.
NON-CONFORMING USES ....................................................................................................... 48
83.
NON-CONFORMITY - RESIDENTIAL .......................................................................................... 49
84.
NOTICE AND HEARINGS ON CHANGE OF USE......................................................................... 51
85.
NON-CONFORMANCE WITH STANDARDS ............................................................................... 51
86.
NON-CONFORMING - DISCONTINUANCE OF USE .................................................................. 51
87.
OFFENSIVE AND DANGEROUS USES ...................................................................................... 51
88.
OFFSTREET PARKING REQUIREMENTS .................................................................................. 52
89.
OFF-STREET LOADING REQUIREMENTS ................................................................................. 55
90.
PARKS AND PLAYGROUNDS, AND CONSERVATION USES ..................................................... 56
91.
SCREENING AND LANDSCAPING ............................................................................................ 56
92.
SERVICES AND PUBLIC UTILITIES ........................................................................................... 56
93.
SERVICE STATIONS .................................................................................................................. 57
94.
SIDE YARDS .............................................................................................................................. 57
95.
STREET CONSTRUCTION STANDARDS .................................................................................... 57
96.
SUBSIDIARY APARTMENTS/SECONDARY RESIDENTIAL SUITES ........................................... 57
97.
UNSUBDIVIDED LAND .............................................................................................................. 58
98.
ZERO LOT LINE DEVELOPMENT .............................................................................................. 58
99.
GARDEN SUITES ....................................................................................................................... 58
PART III - ADVERTISEMENTS .................................................................... 59
100.
PERMITS REQUIRED ................................................................................................................ 60
101.
FORM OF APPLICATION ............................................................................................................ 60
102.
ADVERTISEMENTS PROHIBITED IN STREET RESERVATION .................................................. 60
103.
PERMIT VALID FOR LIMITED PERIOD ...................................................................................... 60
104.
REMOVAL OF ADVERTISEMENTS ............................................................................................ 60
105.
ADVERTISEMENTS EXEMPT FROM CONTROL ........................................................................ 61
106.
APPROVAL SUBJECT TO CONDITIONS ..................................................................................... 62
107.
NON-CONFORMING USES - ADVERTISEMENTS ...................................................................... 64
PART IV - SUBDIVISION OF LAND .............................................................. 65
108.
PERMIT REQUIRED .................................................................................................................. 66
109.
SERVICES TO BE PROVIDED .................................................................................................... 66
110.
PAYMENT OF SERVICE LEVIES AND OTHER CHARGES ........................................................... 66
111.
ISSUE OF PERMIT SUBJECT TO CONSIDERATIONS ................................................................ 66
112.
BUILDING PERMITS REQUIRED ............................................................................................... 67
113.
FORM OF APPLICATION ............................................................................................................ 67
114.
SUBDIVISION SUBJECT TO ZONING ......................................................................................... 68
115.
BUILDING LINES ....................................................................................................................... 68
116.
LAND FOR PUBLIC OPEN SPACE.............................................................................................. 68
117.
STRUCTURE IN STREET RESERVATION ................................................................................... 70
118.
SUBDIVISION DESIGN STANDARDS ........................................................................................ 70
119.
ENGINEER TO DESIGN WORKS AND CERTIFY CONSTRUCTION LAYOUT ............................... 71
120.
DEVELOPER TO PAY ENGINEER'S FEES AND CHARGES ......................................................... 72
121.
SECURITIES .............................................................................................................................. 72
122.
TRANSFER OF STREETS AND UTILITIES TO AUTHORITY ......................................................... 72
123.
RESTRICTION ON SALE OF LOTS ............................................................................................. 73
124.
GROUPING OF BUILDINGS AND LANDSCAPING ..................................................................... 73
PART V - USE ZONES ................................................................................ 74
125.
USE ZONES ............................................................................................................................... 75
126.
USE CLASSES ........................................................................................................................... 75
127.
PERMITTED USES .................................................................................................................... 75
128.
DISCRETIONARY USES ............................................................................................................. 76
129.
USES NOT PERMITTED ............................................................................................................ 76
SCHEDULE A: DEFINITIONS ....................................................................... 77
SCHEDULE B: CLASSIFICATION OF USES OF LAND AND BUILDINGS ........ 99
SCHEDULE C: USE ZONE TABLES ........................................................... 106
130.
RESIDENTIAL SPECIAL DENSITY ........................................................................................... 108
131.
RESIDENTIAL LOW DENSITY .................................................................................................. 119
132.
RESIDENTIAL MEDIUM DENSITY ........................................................................................... 126
133.
RESIDENTIAL HIGH DENSITY ................................................................................................. 135
134.
MOBILE/ MINI HOME RESIDENTIAL ...................................................................................... 144
135.
MOSAIC RESIDENTIAL ........................................................................................................... 151
136.
COMPREHENSIVE RESIDENTIAL DEVELOPMENT AREA ....................................................... 163
137.
TOWNSITE RESIDENTIAL ....................................................................................................... 164
138.
TOWNSITE COMMERCIAL ...................................................................................................... 170
139.
DOWNTOWN RESIDENTIAL .................................................................................................... 177
140.
DOWNTOWN COMMERCIAL ................................................................................................... 187
141.
DOWNTOWN SMITHVILLE ...................................................................................................... 195
142.
GENERAL COMMERCIAL ........................................................................................................ 200
143.
RESIDENTIAL/COMMERCIAL MIX.......................................................................................... 204
144.
HIGHWAY AND TOURIST COMMERCIAL ................................................................................ 214
145.
SHOPPING CENTER ................................................................................................................ 217
146.
LARGE SCALE COMMERCIAL ................................................................................................. 220
147.
WATERFRONT MIXED USE ..................................................................................................... 224
148.
GENERAL INDUSTRIAL ........................................................................................................... 229
149.
LIGHT INDUSTRIAL ................................................................................................................. 235
150.
HAZARDOUS INDUSTRIAL ...................................................................................................... 240
151.
COMMUNITY SERVICE ........................................................................................................... 244
152.
INNOVATION DISTRICT ........................................................................................................... 248
153.
OPEN SPACE ........................................................................................................................... 252
154.
CEMETERY .............................................................................................................................. 256
155.
ENVIRONMENTAL PROTECTION ............................................................................................ 257
156.
ENVIRONMENTAL CONSERVATION ....................................................................................... 258
157.
PROTECTED WATER SUPPLY AREA ....................................................................................... 260
158.
RURAL ..................................................................................................................................... 262
159.
SOLID WASTE/SCRAPYARD ................................................................................................... 267
160.
MINERAL WORKING ............................................................................................................... 271
161.
SPECIAL MANAGEMENT AREA ............................................................................................... 277
SCHEDULE D: OFF-STREET PARKING REQUIREMENTS ........................... 278
MAPS
MAPS C1, C2, C3, C4, AND C5 FORM PART OF AND ARE TO BE READ WITH THESE DEVELOPMENT
REGULATIONS. MAPS A, B, C, D, E, AND F FORM PART OF AND ARE TO BE READ WITH THE
INTEGRATED MUNICIPAL SUSTAINABILITY PLAN.
PART I - Application
Page 1
City of Corner Brook
Integrated Municipal Sustainability Plan
2012 Development Regulations
PART I - APPLICATION
1.
SHORT TITLE
These Regulations may be cited as the City of Corner Brook 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)
In the context of these Regulations, the terms "Integrated Municipal Sustainability
Plan", "IMSP", "Municipal Plan" and "Plan" shall have the same meaning and refer to
the City of Corner Brook Integrated Municipal Sustainability Plan.
(4
In the context of these Regulations, the term "Council" shall mean the Corner Brook
City Council as incorporated and continued under the City of Corner Brook Act RSNL
1990 Ch. C-15 and any similar or successor legislation.
PART I - Application
Page 2
3.
AUTHORITY
In these Regulations, "Authority" means the Council of the City of Corner Brook or those
employees so designated in writing by Council.
4.
DELEGATION
(1)
Council may appoint an employee of the Council to approve or reject applications, as
designated by the Council, to develop land in accordance with the appropriate plan
and regulations and that employee may outline the conditions applicable to that
development.
(2)
An employee of a Council may issue an order under section 102 of the Urban and
Rural Planning Act.
(3)
An order made by an employee referred to in subsection (2) shall be confirmed by a
majority vote of the members of the Council present at the next meeting of the
Council after the order is made and if the order is not confirmed in this manner, it
shall be considered to be cancelled.
(4)
Council shall, where designating employees to whom a power is to be delegated
under subsection (1) and (2) above, make that designation in writing.
(5)
Notwithstanding any other provision herein, Council shall not delegate its discretion
under Regulation 11. DISCRETIONARY POWERS OF AUTHORITY, Regulation 128.
DISCRETIONARY USES, and/or Regulation 157. PROTECTED WATER SUPPLY AREA.
(6)
Notwithstanding any delegation of authority that Council may have granted to an
employee or group of employees, Council may revoke such delegation(s) of authority
at any time without cause or notice and Council may make a decision on any matter
for which the delegation of authority would have otherwise applied at such times and
in such matters as Council in its sole discretion deems appropriate.
PART I - Application
Page 3
5.
COMMENCEMENT
These Regulations come into effect throughout the City of Corner Brook 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.
6.
MUNICIPAL CODE AND REGULATIONS
The National Building Code of Canada including the National Plumbing Code of Canada, the
National Fire Code of Canada, the Canadian Electrical Code, the NFPA 101 - Life Safety Code
and any other ancillary code and any Building Regulations, Occupancy and Maintenance
Regulations, Waste Disposal Regulation and/or any other municipal regulations regulating
or controlling the development, conservation and use of land in force in the City of Corner
Brook, shall, under these Regulations, apply to the entire Planning Area.
7.
COMPLIANCE WITH REGULATIONS
No development shall be carried out within the Planning Area except in accordance with
these Regulations.
8.
PERMIT REQUIRED
(1)
No person, corporation, partnership or other organization shall carry out any
development within the Planning Area, except where otherwise provided in these
Regulations, unless a permit for the development has been issued by the Authority.
(2)
Development within the Planning Area shall be carried out in accordance with the
Municipal Plan, these Regulations and any conditions set out in a development
permit.
PART I - Application
Page 4
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:
(1)
the general development standards set out in Part Il of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards,
requirements, and conditions prescribed in Schedule C of these Regulations for the
use zone in which the proposed development is located;
(2)
the standards set out in the Building Code and/or other ancillary codes, and any
Building Regulations, Waste Disposal Regulations, and/or any other municipal
regulation in force in the Planning Area regulating or controlling development,
conservation and use of land and buildings;
(3)
the standards set out in Part IIl of these Regulations in the case of advertisement;
(4)
the standards set out in Part IV of these Regulations in the case of subdivision;
(5)
the standards of design and appearance established by the Authority.
10.
PERMIT NOT TO BE ISSUED IN CERTAIN CASES
Neither a permit nor outline planning permission shall be issued for development within the
Planning Area when, in the opinion of the Authority, it is premature by reason of the site
lacking adequate road access, power, drainage, sanitary facilities, or domestic water supply,
or being beyond the natural development of the area at the time of application unless the
applicant contracts to pay the full cost of construction of services deemed necessary by the
Authority and such cost shall attach to and upon the property in respect of which it is
imposed.
PART I - Application
Page 5
11.
DISCRETIONARY POWERS OF AUTHORITY
In considering an application for a permit or for outline planning permission to carry out
development, the Authority shall take into account the policies expressed in the Municipal
Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the
general appearance of the development, its effect on the overall 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 Authority may,
in its discretion, and as a result of its consideration of the matters set out in this Regulation,
conditionally approve or refuse the application.
12.
VARIANCES BY AUTHORITY
(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.
PART I - Application
Page 6
(4)
The variance shall not be contrary to the general intent or purposes of the Municipal
Plan of or these regulations.
(5)
The variance is related to the specific property and is not general to land or buildings
within the area.
(6)
The variance does not result from the intentional misconduct of or negligence of the
owner in relation to the property.
(7)
The granting of the variance does not conflict with other regulations, undermine the
quality of adjacent property or pose a threat to human health, safety or welfare.
(8)
The variance does not change the permitted use of the property.
13.
NOTICE OF VARIANCE
Where an authority is to consider a proposed variance, that authority shall give written
notice of the proposed variance from development standards to all persons whose land is in
the immediate vicinity of the land that is the subject of the variance.
14.
SERVICE LEVY
(1)
The Authority may require a developer to pay a service levy where development is
made possible or where the density of potential development is increased, or where
the value of property is enhanced by the carrying out of public works either on or off
the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance charges
to the Authority of constructing or improving the public works referred to in
Regulation 14(1) that are necessary for the real property to be developed in
accordance with the standards required by the Authority and for uses that are
permitted on that real property.
PART I - Application
Page 7
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefitted by the public works related to all the
real property so benefitted; and,
(b)
the density of development made capable by or increased by the public work.
(4)
The Authority may require a service levy to be paid by the owner of the real property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real property commences;
(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
15.
DEVELOPMENT GUARANTEES
(1)
The Authority responsible for regulations made under this Part may, in those
regulations, require that a person, before starting a development, make financial
provisions to guarantee the payment of service levies, ensure site reinstatement and
enforce the carrying out of another condition attached to a permit or licence.
(2)
The form of a financial provision required under subsection (1) shall be determined
by a council and may be:
(a)
a cash deposit from the developer, to be held by the Authority, in accordance
with the regulations made by them;
(b)
a guarantee of a bank, or other institution acceptable to the Authority;
PART I - Application
Page 8
(c)
a performance bond provided by a corporation, authorized under the laws of
Canada, or of the province to give it;
(d)
an annual contribution to a sinking fund held by the Authority as may be
provided by their regulations; or
(e)
another form of financial guarantee that the Authority may approve.
16.
DEDICATION OF LAND FOR PUBLIC USE
In addition to the requirements for dedication of land under Regulation 116, the Authority
may require the dedication of a percentage of the land area of any subdivision or other
development for public use, and such land shall be conveyed to the Authority in accordance
with the provisions of the Act.
17.
REINSTATEMENT OF LAND
Where the use of land is discontinued or the intensity of its use is decreased, the Authority
may order the developer, the occupier of the site, or the owner or all of them to reinstate the
site, to remove all or any buildings or erections, to cover or fill all wells or excavations, and to
close all or any accesses, or to do any of these things or all of them, as the case may be, and
the developer, occupier or owner shall carry out the order of the Authority and shall put the
site in a clean and sanitary condition to the satisfaction of the Authority.
18.
FORM OF APPLICATION
(1)
An application for a development permit or for outline planning permission shall be
made only by the owner or by a person authorized by the owner to the Authority on
such form as may be prescribed by the Authority, and every application shall include
such plans, specifications, drawings and other information or studies as the Authority
may require, and be accompanied by the permit fee required by the Authority.
PART I - Application
Page 9
(2)
The Authority shall, on request, supply to every applicant a copy of the application
forms referred to in Regulation 18(1) and a description of the plans, specifications
and drawings required to be provided with the application.
19.
REGISTER OF APPLICATON
The Authority shall keep a public register of all applications for development, and shall enter
therein the Authority's decision upon each application and the result of any appeal from that
decision.
20.
DEFERMENT OF APPLICATION
(1)
The Authority may, with the written agreement of the applicant, defer consideration of
an application.
(2)
Notwithstanding (1), the Authority may defer consideration and decision of an
application without the written agreement of the applicant and the applicant shall be
so advised in writing that the application has been deferred and an explanation
provided as to the reason for the deferment.
(3)
Applications properly submitted in accordance with these Regulations which have not
been determined by the Authority and on which a decision has not been
communicated to the applicant, or the applicant has not been advised of the status
of the application in writing within eight weeks of the receipt thereof by the Authority,
and on which consideration has not been deferred in accordance with Regulation 20
(1), shall be deemed to be refused.
21.
OUTLINE PLANNING PERMISSION
PART I - Application
Page 10
(1)
The Authority may grant outline planning permission, or approval in principle, for a
development or for the erection, alteration or conversion of a building if, after
considering an application for outline planning permission 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 outline planning permission is granted under this Regulation, it shall be
subject to the subsequent approval by the Authority of the details and conditions as
may be listed in the outline planning permission or approval in principle, and City of
Corner Brook Pre-application Guidelines, which shall also specify that further
application for approval of these details shall be received not later than one year
from the granting of outline planning permission. An extension period of one year
may be allowed by the Authority upon written request and a satisfactory explanation
provided by the applicant as to the reason why the extension is required.
22.
LAND USE ASSESSMENT REPORT
A Land Use Assessment Report shall be prepared when the compatibility of proposed uses
has not been adequately evaluated, as determined by the Authority. The report must be
prepared by accredited professionals, or other suitably qualified persons as determined by
the Authority, to assess the impacts a proposed use or development may have on the social,
economic and environmental sustainability of the adjacent properties, the City or the region.
(1)
Where determined by the Authority and in accordance with the Integrated Municipal
Sustainability Plan, Land Use Assessment Report(s) will be required as part of the
development application review process, as prepared by a qualified professional.
(2)
The Authority shall require a Land Use Assessment Report(s) be prepared when the
compatibility of proposed uses has not been adequately evaluated, as determined by
the Authority.
PART I - Application
Page 11
(3)
It shall be the responsibility of the applicant to prepare a Land Use Assessment
Report and any supporting documentation.
(4)
The Land Use Assessment Report shall be prepared by accredited professionals, or
other suitably qualified person as determined by the Authority, to assess the impacts
a proposed use or development may have on the social, economic and
environmental sustainability of the adjacent properties or uses, the City, or the
region. The Authority shall determine the matters that would require assessment,
which could include, but are not limited to, the following:
(a)
impacts on the natural environment.
(b)
impacts on the community.
(c)
impacts on the function, operational costs and efficiency of municipal water,
wastewater, stormwater, and transportation infrastructure.
(d)
impacts on the quality of life of the citizens of Corner Brook.
(e)
impacts on the local economy and the fiscal health of the City of Corner Brook.
(f)
analysis of any other potential impacts pertinent to the goals, objectives and
policies of the Municipal Plan.
(5)
The Terms of Reference for the Land Use Assessment Report shall be approved by
the Authority and become an integral component of the Report itself.
(6)
The study area boundaries for the Land Use Assessment Report shall be determined
by the Authority and included within the Terms of Reference.
(7)
Land Use Assessment Reports may require public consultation and/or review.
PART I - Application
Page 12
(8)
All expenses related to the preparation of a Land Use Assessment Report shall be the
responsibility of the applicant.
(9)
Specific terms and conditions for development identified as a result of the Land Use
Assessment Report may be required prior to development approval.
23.
MUNICIPAL SERVICES AREA BOUNDARY
(1)
Future development will be directed to those lands within the planning area boundary
that are serviced by, or planned to be serviced by, the municipal transportation, water
and sewer services in order to ensure a more sustainable city by making better use
of existing infrastructure, maintaining natural and rural areas, promoting pedestrian
activity and retail streets and supporting more compact development.
(2)
Proposed development in areas outside the Municipal Service Area (MSA) boundary
may be subject to a Land Use Assessment Report and other applicable conditions
and requirements, as specified by the Authority, in order to demonstrate, to the
satisfactory of the Authority, the necessity to develop beyond the MSA boundary.
24.
DEVELOPMENT PERMIT
(1)
A plan or drawing which has been approved by the Authority and which bears a mark
and/or signature indicating such approval together with a permit shall be deemed to
be permission to develop land in accordance with these Regulations but such
permission shall not relieve the applicant from full responsibility for obtaining permits
or approvals under any other regulation or statute prior to commencing the
development; from having the work carried out in accordance with these Regulations
or any other regulations or statutes; and from compliance with all conditions imposed
thereunder.
(2)
The Authority may attach to a permit or to outline planning permission such
conditions as it deems fit in order to ensure that the proposed development will be in
PART I - Application
Page 13
accordance with the purposes and intent of these Regulations.
(3)
Where the Authority deems necessary, permits may be issued on a temporary basis
for a period not exceeding two years, which may be extended in writing by the
Authority for further periods not exceeding two years.
(4)
A permit is valid for such period, not in excess of two years, as may be stated therein,
and if the development has not commenced, the permit may be renewed for a further
period not in excess of one year, but a permit shall not be renewed more than once,
except in the case of a permit for an advertisement, which may be renewed in
accordance with Part II of these Regulations.
(5)
The approval of any application and plans or drawings or the issue of a permit shall
not prevent the Authority from thereafter requiring the correction of errors, or from
ordering the cessation, removal of, or remedial work on any development being
carried out in the event that the same is in violation of this or any other regulations or
statutes or where relevant information may become available which could have a
significant impact upon the development.
(6)
The Authority may revoke a permit for failure by the holder of it to comply with these
Regulations or any condition attached to the permit or where the permit was issued
in error on the basis of incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter or thing is
being done for which a permit has been issued, a copy of the permit and any plans,
drawings or specifications on which the issue of the permit was based during the
whole progress of the work, or the doing of the mater or thing until completion.
25.
REASONS FOR REFUSING PERMIT
PART I - Application
Page 14
The Authority shall, when refusing to issue a permit or attaching conditions to a permit, state
the reasons for so doing.
26.
NOTICE OF APPLICATION
The Authority may, and when a variance is necessary under Regulation 12 and the Authority
wishes to consider whether to authorize such a variance, when a change in nonconforming
use is to be considered under Regulation 82 and/or Regulation 83, or when the
development proposed is listed as a discretionary use in Schedule C of the Regulations
shall, at the expense of the applicant, give notice of an application for a permit or for outline
planning permission, by public advertisement in a newspaper circulating in the area or by
any other means deemed necessary.
27.
RIGHT OF ENTRY
The Authority, or an inspector designated by the Authority to administer these Regulations,
may enter upon public or private land, and may at all reasonable times enter a building upon
the land for the purpose of making surveys or inspections or obtaining information relative
to the carrying out of any development, construction, alteration, repair or any other works
which the Authority regulates.
28.
RECORD OF VIOLATIONS
Inspectors shall keep a record of any violation of the Regulations which comes to their
attention, and report infractions to the Authority.
29.
OFFENCE
PART I - Application
Page 15
(1)
Where a violation has occurred, the Authority shall notify the developer of the nature
of the infraction and shall prescribe remedial action.
(2)
Where the developer does not comply with the direction given in subsection (1), the
Authority shall take action as prescribed in Part XI of the Act.
30.
STOP WORK ORDER AND PROSECUTION
(1)
Where a person begins a development contrary to these Regulations, the Authority
may order that person to stop the development or any work connected therewith
pending final adjudication in any prosecution arising out of the development.
(2)
A person who does not comply with an order made under Regulation 30(1) is guilty
of an offence under the provisions of the Act.
(3)
Orders so issued under Regulation 30(1) shall be confirmed by the Authority at the
first meeting of Council following the issuance of the order.
31.
RESTORATION OF LAND
Where a permit to develop land has been issued by the Authority but development
discontinues prematurely, is not fully executed according to the conditions of the permit, is
cancelled due to a contravention of these regulations or where a temporary permit expires,
the Authority may order the developer, or the owner, to remove all buildings or erections
above ground, to cover or fill all wells or excavations, landscape as may be necessary to
prevent erosion and to remove all accesses, or to do any of these things, and the developer,
or the owner, shall carry out the order of the Authority and shall put the site in a clean and
sanitary condition to the satisfaction of the Authority.
32.
APPEAL BOARD TO ACT AS LOCAL BOARD OF APPEAL
PART I - Application
Page 16
Where a Local Board of Appeal has not been appointed and approved by the Minister under
Regulation 33(1), the appropriate Appeal Board established under the provisions of the Act
shall be deemed to have been appointed as the Local Board of Appeal, and shall carry out
the functions and exercise the same powers as if it were appointed a Local Board of Appeal
under Regulations 33(1), but it shall not be obliged to hold appeal hearings within the
Planning Area or to hear appeals within the time limits established under these Regulations.
33.
APPEAL BOARDS
(1)
The minister may, by order, establish those appeal boards that he or she considers
necessary and shall assign to each appeal board a specific area of the province over
which it shall have jurisdiction.
(2)
Notwithstanding subsection (1), the City of Corner Brook, may, for the planning area
under its jurisdiction and in accordance with the development regulations, appoint a
local appeal board and these regulations shall apply to the board.
34.
BOARD STRUCTURE
(1)
The Authority shall appoint to a board established under subsection 33(1), not fewer
than 3 and not more than 5 persons.
(2)
A member of a board holds office for 3 years and may be reappointed for a further 3
years.
(3)
A board shall be presided over
(a)
by a chairperson whom the Authority shall appoint from among the appointed
members of the board; or
(b)
in the absence of the chairperson, by another person who is a member of that
board.
PART I - Application
Page 17
(4)
A majority of the members of a board constitutes a quorum.
(5)
A member of a board shall receive remuneration and shall be reimbursed for
expenses incurred in the conduct of his or her duties in a manner that may be
determined by the Lieutenant-Governor in Council.
(6)
The Authority may appoint a secretary to a board and shall determine the
remuneration payable to that secretary.
(7)
The Authority shall establish
(a)
rules of procedure for the board;
(b)
notice periods that shall be required with respect to appeals; and
(c)
the manner in which persons are to be notified with respect to appeals.
(8)
For the purpose of holding an inquiry under this or another Act, members of a board
have all of the powers of a commissioner under the Public Inquiries Act.
(9)
In the conduct of an inquiry or a hearing, a board is not bound by the rules of
evidence.
(10)
Where it is necessary for the purpose of an appeal, inquiry or other matter before a
board, a member of the board or a person designated by the board may enter upon
land and other property in order to inspect that land or property.
35.
APPEALS
PART I - Application
Page 18
(1)
A person or an association of persons aggrieved of a decision that, under the
regulations, may be appealed, may appeal that decision to the appropriate board
where the decision is with respect to
(a)
an application to undertake a development;
(b)
a revocation of an approval or a permit to undertake a development;
(c)
the issuance of a stop work order; and
(d)
a decision permitted under this or another Act to be appealed to the board.
(2)
A decision of the Authority to adopt, approve or proceed with a plan, scheme,
development regulations and amendments and revisions of them is final and not
subject to an appeal.
(3)
An appeal board shall not make a decision that does not comply with a plan, scheme
and development regulations that apply to the matter being appealed.
(4)
An appeal made under this section shall be filed with the board not more than 14
days after the person who made the original application appealed from has received
the decision being appealed.
(5)
An appeal shall be made in writing and shall include
(a)
a summary of the decision appealed from;
(b)
the grounds for the appeal; and
(c)
the required fee.
(6)
A board may meet as often as it considers necessary to conduct its work in an
expeditious manner.
PART I - Application
Page 19
(7)
A person or group of persons affected by the subject of an appeal or their
representatives may appear before a board and make representations concerning
the matter under appeal.
(8)
A board may inform itself of the subject matter of the appeal in the manner it
considers necessary to reach a decision.
(9)
A board shall consider and determine appeals in accordance with the Urban and
Rural Planning Act and a plan, scheme and regulations that have been registered
under section 24 of the Act and having regard to the circumstances and merits of the
case.
(10)
In determining an appeal, a board may confirm, reverse or vary the decision
appealed from and may impose those conditions that the board considers
appropriate in the circumstances and may direct the council, regional authority or
authorized administrator to carry out its decision or make the necessary order to
have its decision implemented.
(11)
Notwithstanding subsection (10), where the Authority may, in its discretion, make a
decision, a board shall not make another decision that overrules the discretionary
decision.
(12)
The decision of a majority of the members of a board present at the hearing of an
appeal shall be the decision of the board.
(13)
A board shall, in writing notify the appellant and the Authority of the decision of the
board.
36.
HEARING OF EVIDENCE - LOCATION
PART I - Application
Page 20
(1)
Notwithstanding subsection 35(7), where
(a)
due to the isolation of an area that is the subject of an appeal, it would be
difficult or costly for a board to hear representations from the Authority or
other person; or
(b)
the parties to an appeal agree in writing, the Authority and other persons who
are parties to the appeal may
(c)
submit written arguments to the board; or
(d)
present arguments by teleconference, telephone or other electronic means,
and the board may deliberate and make a determination on the matter based
upon those written or other submissions.
(2)
Where a board considers it necessary to visit and view a property that is the subject
of an appeal, one member of that board or another person whom the board may
authorize, may make that visit and, in writing, report to the board on the visit and
viewing of the property.
(3)
Information provided to a board under subsections (1) and (2) shall be considered to
have been provided in the same manner as evidence before a board during a hearing
of an appeal under Regulation 35.
37.
FEES
(1)
The minister (Authority) may establish fees for the making of appeals.
(2)
A fee paid under subsection (1) shall be paid to the board hearing the matter and
shall be retained by that board.
PART I - Application
Page 21
(3)
Where an appeal made under Regulation 35 is successful, an amount of money
equal to the fee paid by the appellant under subsection (1) shall be paid to the
appellant by the Authority that made the appealed decision.
38.
DEVELOPMENT MAY NOT PROCEED
(1)
Where an appeal is made under Regulation 35, the development with respect to the
appeal, work related to that development or an order that is under appeal shall not
proceed or be carried out, pending a decision of the board.
(2)
Where, on appeal, a permit to develop is confirmed or ordered to be issued, the
Authority shall issue the permit as confirmed or ordered.
39.
APPEAL TO COURT
(1)
A decision of a board may be appealed to the court not later than 10 days after that
decision has been received by the appellant.
(2)
An appeal of a decision of a board under subsection (1) may be made on a question
of law or jurisdiction.
(3)
A board may be represented by counsel and heard on an appeal under this section.
(4)
The court shall either confirm or vacate the order of the board and where vacated the
court shall refer the matter back to the board with the opinion of the court as to the
error in law or jurisdiction and the board shall deal with the matter in accordance
with that opinion.
40.
NOTICE OF RIGHT TO APPEAL
Where an Authority makes a decision that may be appealed under Regulation 35, the
Authority shall, in writing, at the time of making that decision, notify the person to whom the
PART I - Application
Page 22
decision applies of the
(1)
person's right to appeal the decision to the board;
(2)
time by which an appeal is to be made;
(3)
right of other interested persons to appeal the decision; and
(4)
manner of making an appeal and the address for the filing of the appeal.
41.
APPEAL REQUIREMENTS
(1)
Where the City of Corner Brook appoints an appeal board under Regulation 35 of the
Urban and Rural Planning Act, an appeal shall be filed with the secretary of that
appointed board.
(2)
Where a Local Board of Appeal has been appointed and approved under Regulation
33, the Clerk of the Authority shall be the Secretary of that Local Board of Appeal.
(3)
The fee required under Regulation 37 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 35(4).
(4)
The board that hears the decision being appealed shall, subject to Regulation 37(3),
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 Urban and Rural Planning Act, the
right to appeal that decision shall be considered to have been forfeited.
42.
APPEAL REGISTRATION
(1)
Upon receipt of an appeal and fee as required under the Act and these regulations,
PART I - Application
Page 23
the secretary of the board as referred to in Regulation 41(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall notify the
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 the Authority shall forward to the
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.
43.
DEVELOPMENT PROHIBITED
(1)
Immediately upon notice of the registration of an appeal the 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 Urban and Rural Planning Act, the Authority shall not carry
out work related to the matter being appealed.
PART I - Application
Page 24
44.
HEARING NOTICE AND MEETINGS
(1)
A board shall notify the appellant, applicant, Authority and other persons affected by
the subject of an appeal of the date, time and place for the appeal not fewer than 7
days before the date scheduled for the hearing of the appeal.
(2)
A board may meet as often as is necessary to conduct its work in an expeditious
manner.
45.
HEARING OF EVIDENCE - PROCESS
(1)
A board shall meet at a place within the area under its jurisdiction and the appellant
and other persons notified under Regulation 44(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.
46.
BOARD DECISION
A decision of the board must comply with the plan, scheme or development regulations that
apply to the matter that has been appealed to that board.
47.
RETURN OF APPEAL FEE
Where an appeal made by an appellant under Regulation 35 is successful, an amount of
money equal to the fee paid by that appellant under Regulation 37(2) shall be paid to him or
her by the authority, and the Local Board of Appeal shall so order in its decision.
PART I - Application
Page 25
48.
APPEALS TO LOCAL BOARD OF APPEAL
(1)
Any person may appeal to the Local Board of Appeal from a decision of the Authority
made under these Regulations.
(2)
Where the Municipality has not appointed a Local Board of Appeal, the appeal fee
shall be the fee established for the appeals.
(3)
The Local Board of Appeal shall make its decision known in writing to the Authority
and to the appellant within two weeks of hearing the appeal.
(4)
The Local Board of Appeal shall consider and determine each appeal in accordance
with the intent of these Regulations and the Municipal Plan and any further plan,
scheme or regulations that are in force, having due regard to the circumstances and
merits of the particular case and the use of discretionary powers by the Authority.
(5)
Every member of a Local Board of Appeal shall be subject to the provisions of the
Municipalities Act with respect to conflict of interest as if he/she were a councillor
elected under that Act.
(6)
The decision of a majority of the members of the Local Board of Appeal present,
excluding all members prohibited from voting because of conflict of interest shall be
the decision of the Board whose decision shall not be subject to further appeals to
any other Appeal Board constituted under the Act.
(7)
If a Local Board of Appeal is unable to decide an appeal because of the conflict of
interest of a majority of its members, the Authority shall, subject to the approval of
the Minister, and for that appeal only, appoint other persons to replace those
members so affected.
49.
AGRICULTURE AND FARMING
Where required, approvals must be granted from the Department of Natural
Resources for any commercial farming operation. Department of Government
Services must approve manure systems.
PART I - Application
Page 26
50.
CROWN LANDS
Approvals for development on crown land must be obtained from the Crown
Lands Division, Department of Environment and Conservation.
51.
FORESTRY
Were required, permits for commercial woodcutting or other forestry related activities must
be obtained from the Department of Natural Resources, Forest Management Unit.
52.
MINERAL WORKINGS, MINING AND MINERAL EXPLORATION
Approvals and permits must be obtained from the Department of Natural Resources,
Mineral Lands Division.
53.
ARCHEOLOGY DISCOVERY
During site excavation works any artifacts or physical structures found of a historical
nature shall be reported to the Provincial Archaeology Office, Department from
the Department of Tourism, Culture and Recreation.
54.
WATERSHEDS
Recommendation is required from the Watershed Management Committee prior to
any decision by Council to permit development within the designated watershed
areas of the City of Corner Brook.
55.
WATERWAYS
Any development within a body of water involving alteration of a body of water must be
approved or exempted by the following agencies:
Provincial
PART I - Application
Page 27
Department of Government Services - for Crown Land referrals.
Department of Environment and Conservation, Water Resources Division
Any development within fifteen (15) metres of a body of water or the defined high water
mark of a body of water must be approved by the Minister of Environment and
Conservation.
Federal
Department of Fisheries and Oceans
Coast Guard Canada -- Navigable Waters Act. Fish Habitat Division
56.
CONSERVATION OF NATURAL ENVIRONMENT OR AESTHETIC AREAS
The Authority may require agreements with developers and property owners aimed
at preserving sensitive environmental areas and natural scenic areas. These areas
may include sensitive vegetation, fish habitat, or water quality. Such agreements may
include provisions such as designating of local conservation areas, maintenance of
tree cover and maintenance of tree cover along rear yards, rivers, streams and shorelines.
57.
SHORELINE BUFFERS
Generally, no development will be permitted within 15 metres of rivers or streams, or
shorelines of lakes and ponds or within 15 metres of the 1:20 year flood level of these
features. Certain public works and passive recreational open space uses may be
permitted as long as they will not be detrimental to the environmental and aesthetic quality
of the area. Development of these areas will be subject to the approval of the federal
Department of Fisheries and Oceans, and/or the provincial Department of Environment and
Conservation.
PART I - Application
Page 28
58.
VISUAL IMPACT ANALYSIS
(1)
Within any zone whether the use is permitted or discretionary, the following
developments may be subject to a Visual Impact Analysis, as part of a Land Use
Assessment Report, before the Authority considers whether or not to approve the
development:
(a)
Commercial forest harvesting activities including related industry;
(b)
Land clearing for agriculture including related industry;
(c)
Pits, quarries, mines or oilfield development;
(d)
Major roads and resource access roads;
(e)
Transmission lines
(f)
Buildings outside of defined urban areas or developed areas, existing
at the time of these regulations coming into effect;
(h)
Communication towers;
(i)
Major infrastructure for flood control, dams, bridges etc.
(j)
Any other development deemed by the Authority to warrant a Visual
Impact Analysis.
(2)
Every applicant for a proposed development listed in (1) above that is subject to
a Visual Impact Analysis shall provide the following information:
(a)
Indentify the total land ownership and that portion of it which it is proposed to
develop.
(b)
Specify the use proposed and the location and height of any proposed
structure.
(c)
Identify the finish and color of exterior building materials.
(d)
Identify the proximity of proposed buildings to property lines and the
PART I - Application
Page 29
boundary of any area from which it is proposed to remove the natural
ground cover.
(e)
In the case of a proposed use which is a pit, quarry, or other mineral
working including a mine, indicate the extent and depth of the proposed
excavation.
(f)
Show that a minimum of natural ground cover will be removed and that
a sufficient amount will be retained or replaced to restrict the visual
impact of the proposed development when viewed from the nearest
point of the proposed development to the Trans Canada Highway and
from points on the Trans Canada Highway to both the east and west.
(g)
Show graphically and pictorially how the development will be seen from
the above noted points on the Trans Canada Highway or other viewscapes or
view planes as determined by the Authority.
PART II - General Development Standards
Page 30
PART II - GENERAL
DEVELOPMENT STANDARDS
PART II - General Development Standards
Page 31
59.
ACCESSES AND SERVICE STREETS
(1)
Access shall be located to the specification of the Authority so as to ensure the
greatest possible convenience and safety of the street system and the Authority may
prescribe the construction of service streets to reduce the number of accesses to
collector and arterial streets.
(2)
No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
60.
ACCESSORY BUILDINGS - GENERAL
In all non-residential, non-commercial and non-industrial zones where accessory buildings
may be permitted as a detached building not used for 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, the Authority, in its
discretion, may determine the standards, requirements, and conditions, in accordance with
Regulation 125(3), which shall apply for development of an accessory building and shall
address, but not be limited to, the following:
(1)
determination as to the intended use of the building and whether it may be
considered as an accessory building to the main building on the property or use of
land.
(2)
the maximum size of the accessory building, expressed as a total percentage of lot
size or maximum area.
(3)
the minimum distance from any property boundary.
(4)
the maximum height, measured from the lowest grade elevation to the highest point
of the building.
PART II - General Development Standards
Page 32
(5)
the minimum separation distance between the accessory building and any other
building or structure on the property.
61.
ACCESSORY COMMERCIAL AND INDUSTRIAL BUILDINGS
(1)
The Authority reserves to right to determine whether a building on the commercial or
industrial lot is an accessory building, or structure, to the main building(s) on the lot,
or whether it is a primary building associated with the permitted and main use of the
lot.
(2)
Accessory buildings shall be clearly incidental and complementary to the use of the
main commercial or industrial building in character, use and size, and shall be
contained on the same lot as the primary permitted building(s).
(3)
Accessory buildings for commercial and industrial uses shall meet the definitions as
described in these Development Regulations.
(4)
An accessory building setback shall be no closer than the minimum building line
setback for the applicable zone.
(5)
The minimum side yard requirement shall be two (2) metres from the side lot line for
all commercial and industrial accessory buildings.
(6)
The minimum rear yard requirement shall be one (1) metre from the rear lot line for
all commercial and industrial accessory buildings.
(7)
Additional Regulations regarding accessory buildings may be further set out in
specific Use Zone Tables in Schedule C of this Regulation.
(8)
Accessory buildings shall have a combined total lot coverage of no greater than
seven (7) percent to a maximum of 58 square metres.
(9)
Maximum height of an accessory building up to 3.7 metres in width is not to exceed
PART II - General Development Standards
Page 33
3.8 metres. Maximum height of accessory buildings 3.7 metres in width and over is
not to exceed 4.5 metres in height, measured from the highest point of the roof ridge
to the lowest point of ground contact with the accessory building.
(10)
Accessory buildings shall have a minimum separation distance of 2.0 metres from
any other structure on the lot.
(11)
No part of an accessory building is permitted to be located above or beneath any
land identified as a utility or other easement of the property.
(12)
Exterior cladding on accessory buildings should coordinate with the main building.
(13)
Mobile and/or temporary accessory buildings in the form of utility trailers or other
container type structures may be permitted on the lot for a period of 60 days. Such
temporary structures should be situated in accordance with the standards and
conditions for accessory buildings and shall not interfere with driver site lines or
pedestrian movement and must be contained entirely on the subject lot.
(14)
Temporary and/or mobile accessory buildings must be moved completely off the site
upon expiry of the permit period and may not be renewed for a subsequent permit for
a minimum of six months after expiry of the previous permit.
62.
ACCESSORY RESIDENTIAL BUILDINGS
(1)
Accessory buildings shall be clearly incidental and complementary to the use of the
main dwelling in character, use and size, and shall be contained on the same lot.
(2)
An accessory building setback shall be no closer than the minimum building line
setback for the applicable zone.
(3)
For internal lots, accessory buildings shall be set back a minimum of a one (1) metre
from the rear and side lot lines.
PART II - General Development Standards
Page 34
(4)
Additional Regulations regarding accessory buildings may be further set out in
specific Use Zone Tables in Schedule C of this Regulation.
(5)
Accessory buildings shall have a combined total lot coverage of no greater than
seven (7) percent to a maximum of 58 square metres.
(6)
Accessory buildings located on any residential lot measuring one half acre or greater,
may have a combined lot coverage of no greater than seven (7) percent of the lot, to
a maximum of 140 square meters. The accessory building(s) must be subsidiary in
size to the main dwelling on the lot and the size will be calculated as a total
cumulative size of all buildings on the same lot. Any accessory building measuring
100 square meters or greater, to a maximum of 140 square meters, shall be located
a minimum of 3 meters from the side or rear lot boundary. The height of the
accessory building shall not exceed 5 meters, measured from the highest point of the
roof ridge to the lowest point of contact with the accessory building.
(7)
For mobile/mini home residential zones, accessory buildings shall have a combined
total lot coverage of no greater than seven (7) percent to a maximum of 32 square
metres.
(8)
Maximum height of an accessory building up to 3.7 metres in width is not to exceed
3.8 metres. Maximum height of accessory buildings 3.7 metres in width and over is
not to exceed 4.5 metres in height, measured from the highest point of the roof ridge
to the lowest point of ground contact with the accessory building.
(9)
Accessory Buildings shall have a minimum separation distance of 2.0 metres from
any structure other than a deck.
(10)
No part of an accessory building is permitted to be located above or beneath any
land identified as a utility or other easement of the property.
(11)
Exterior cladding on accessory buildings shall match or coordinate with the main
PART II - General Development Standards
Page 35
dwelling.
(12)
Mobile and/or temporary accessory buildings in the form of utility trailers or other
container type structures may be permitted on the lot for a period of 60 days. Such
temporary structures should be situated in accordance with the standards and
conditions for accessory buildings except where it is not physically possible to
transport the structure to the appropriate location on the lot. In this circumstance,
the mobile or temporary structure may be permitted to remain in the drive way or
parking area; however, it shall not interfere with driver site lines or pedestrian
movement and must be contained entirely on the subject lot.
(13)
Temporary, portable, assembled garages may be permitted on a site specific and
temporary basis as an accessory building for a maximum of 150 days, and may be
located in the drive way or parking area of the lot; however, it shall not interfere with
driver site lines or pedestrian movement and must be contained entirely on the
subject lot.
(14)
Temporary and/or mobile accessory buildings must be moved completely off the site
upon expiry of the permit period and may not be renewed for a subsequent permit for
a minimum of six months after expiry of the previous permit.
63.
ACCESSORY USE
Accessory uses may be permitted in any Use Zone where the use is considered to be
subsidiary to a permitted or discretionary use and that is customarily expected to occur with
the permitted use or discretionary use. Application for the accessory use shall be made in
the same manner as for other developments.
64.
ADVERTISEMENTS
(1)
Advertisements shall not be erected or displayed except in accordance with Part III of
these Regulations and in accordance with the provisions of the use zone tables in
PART II - General Development Standards
Page 36
which they are proposed to be erected or displayed.
(2)
Advertisements shall not be erected or displayed adjacent to provincial highways
except in accordance with the Highway Sign Regulations.
65.
BUFFER STRIPS
Where any industrial development permitted in any Use Zone abuts an existing or proposed
residential area, or is separated from it by a road only, the owner of the site of the industrial
development shall provide a buffer strip not less than ten (10) metres wide between any
residential activity and the industrial area. The buffer shall include the provision of such
natural or structural barrier as may be required by the Authority and shall be maintained by
the owner or occupier to the satisfaction of the Authority. Parking areas, driveways, accesses
or activities defined as developments that are associated with and/or connected to the
permitted or discretionary use shall not be permitted within this buffer strip.
66.
BUILDING HEIGHT
The Authority may permit the erection of buildings of a height greater than that specified in
Schedule C, but in such cases the building line setback and rear yard requirements shall be
varied as follows:
(1)
The building line setback shall be increased by 2 metres for every 1 metre increase
in height.
(2)
The rear yard shall not be less than the minimum building line setback calculated as
described in (1) above plus 6 metres.
67.
BUILDING LINE AND SETBACK
The Authority, by resolution, may establish building lines on an existing or proposed street or
service street and may require any new buildings to be located on those building lines,
PART II - General Development Standards
Page 37
whether or not such building lines conform to the standards set out in the tables in Schedule
C of these Regulations.
As per Regulation 111, the Authority shall consider the land use, physical form and
character of adjacent developments when issuing a permit. To ensure that infill
development proposals adhere to this standard, unless stated otherwise, all new residential
buildings shall be located (1) on or in close proximity behind the front setback for the
applicable zone, or (2) in line with the average building line for the adjacent buildings on the
street. Should the latter fall within the front setback for the zone, the authority may establish
a building line as per the above standard.
68.
COASTAL BUFFER
(1)
All new development, including structures approved for erection on reclaimed land or
historically augmented coastline, to be located where the current elevation is less
than 2.5 metres above the ordinary high water mark, shall require basement
foundations to be built to the 2.5 metre contour elevation above the ordinary high
water mark, and adhere to those additional standards and requirements of the
Department of Environment "Policy for Development in Shore Water Zones"
document, and as amended as necessary.
(2)
No residential development shall be permitted within the 2.5 metre elevation above
the ordinary high water mark other than those developments meeting the
requirement of Regulation 68(1) and occurring within a Waterfront Mixed Use Zone.
(3)
Notwithstanding regulation 68(2) above, any existing dwelling may be permitted to
expand provided that the expansion does not further reduce the existing elevation
nor result in habitable space below the 2.5 metre contour.
(4)
Regulation 68(1) does not apply to: residential accessory buildings; marine
dependent uses including marinas, boathouses, jetties, wharves, moorings, and
other docking or ramping facilities; non-building open space uses, and temporary
PART II - General Development Standards
Page 38
uses permitted in accordance with these Regulations.
(5)
Every application for a development pursuant to this Regulation shall be
accompanied by the appropriate plans identifying elevations, contours and lot
grading information to confirm that the proposed development will meet the
standards of this Regulation.
(6)
All applications for development occurring within the Coastal Buffer area will require
confirmation by an Engineer licensed to practice in the province of Newfoundland
and Labrador, on all required plans, to the satisfaction of the Authority, that the high
water mark referenced to proposed development elevations is in conformance with
these standards.
(7)
The Authority may require that a Land Use Assessment Report be prepared for any
proposed development or extension to existing development within the Coastal
Buffer area, meeting with the satisfaction of the Authority.
(8)
For purposes of determining development elevation standards, the "high water mark"
shall be as defined by the Department of Environment's "Policy for Development in
Shore Water Zones" document or equivalent standard document so recognized by
provincial departments and includes provision for re-establishing the "high water
mark" based on changing environmental conditions.
69.
COMPREHENSIVE DEVELOPMENT PLAN
The Authority may permit comprehensive development of a specified parcel of land within a
zone where the development requires a level of detail that cannot be anticipated through
the regular development standards of the zone and would otherwise be considered
premature for development due to the site lacking adequate street access, municipal
services, fire protection or being beyond the natural development of the area at the time,
through the preparation of a Comprehensive Development Plan. The plan shall include a
vision and design principles for the subject lands, as well as their relationship to the
PART II - General Development Standards
Page 39
surrounding context. The plan shall also include provision for land use, road design, water,
sewer and storm water services, fire protection, parking, site access, service access,
pedestrian movement, public access, landscaping, built form, locations of public spaces and
development standards. Comprehensive Development Plans may be prepared for any zone
and may also require the preparation of a Land Use Assessment Report.
70.
COMPREHENSIVE RESIDENTIAL DEVELOPMENT
The Authority may, at its discretion, approve the erection of multi-unit residential buildings
which form part of a comprehensive development or layout which does not meet the
frontage requirements of the Use Zone Table in Schedule C, provided that the buildings are
designed to provide both privacy and reasonable access to natural daylight and the overall
density within the layout conforms to the regulations and standards set out in the Use Zone
Table apply where the development adjoins other development and where the development
has the necessary direct access to and frontage on a street. It includes areas defined as
Back lot Comprehensive Development or Comprehensive Development and specific
conditions and standards for comprehensive development are further described in the Back
lot Comprehensive Development Plan Guidelines and may be subject to the preparation of a
Comprehensive Development Plan.
71.
FAMILY AND GROUP CARE CENTRES
Family group care centre use is permitted in any dwelling or apartment that is adequate in
size to accommodate the number of persons living in the group, inclusive of staff, provided
that in the opinion of the Authority, the use of the dwelling does not materially differ from,
nor adversely affect, the amenities of the adjacent residences, or the neighbourhood in
which it is located. The Authority may require special access and safety features to be
provided for the occupants before occupancy is permitted.
PART II - General Development Standards
Page 40
72.
FLOOD RISK
(1)
Within a floodway (1:20 year flood risk),
(a)
New development is restricted to non-building uses such as roads and
associated structures, agriculture, open space and recreation, service
corridors and to minor structures related to utilities and marine activities;
(b)
The placement of imported fill is prohibited unless it is specifically required as
a flood proofing measure or for public infrastructure provided that appropriate
studies are carried out and show that these structures will not be damaged by
flooding, impede water flows or contribute to an increase in flood risk.
(2)
Within a floodway fringe (1:100 year flood risk):
(a)
New buildings and structures, provided they are flood proofed, may be
permitted, except for
(i)
residential institutions such as hospitals, senior citizen homes, homes
for special care and any other use where flooding could pose a
significant threat to the safety of residents if evacuation becomes
necessary,
(ii)
Police stations, fire stations and other facilities that may provide
emergency services during a flood including government offices,
(iii)
Schools, and
(iv)
Uses associated with the storage, warehousing or the production of
hazardous materials including gas stations.
(b)
The placement of imported fill shall be limited to that required for flood
proofing, flood risk management or for public infrastructure provided that
PART II - General Development Standards
Page 41
appropriate studies are carried out and show that these structures will not be
damaged by flooding, impede water flows or contribute to an increase in flood
risk.
(c)
Crown Land shall not be released for any development involving building in
either the flood way or floodway fringe.
(d)
Within the floodway, existing buildings or structures damaged beyond
economic repair shall not be replaced unless:
(i)
the replacement building or structure has no greater floor area than
the original building or structure at or below the defined flood proofing
elevation;
(ii)
the replacement building or structure is flood proofed; and
(iii)
the replacement building or structure does not impede water flows or
contribute to an increase in flood risk.
(e)
Within the floodway, existing uses, such as residential, commercial, industrial
and institutional buildings, are encouraged to undertake flood proofing
measures to reduce the risk of flood damage or relocate.
(f)
Any expansion of existing buildings and structures must be balanced against
the risks to human safety and property and the possibility of exacerbating
upstream and downstream flooding. Any expansion of existing buildings and
structures in the floodway must not increase the area of the structure at or
below the defined flood proof elevation.
(g)
Plans and regulations must identify flood risk areas mapped under the
Canada- Newfoundland Flood Damage Reduction Program, and contain policy
statements and regulations consistent with Provincial Land Use Policy.
PART II - General Development Standards
Page 42
(h)
There are areas in Newfoundland and Labrador that are known to be subject
to localized flooding but have not been mapped under the Canada-
Newfoundland Flood Damage Reduction Program. Development vulnerable to
flood damage, such as houses, businesses and institutions, is discouraged in
these areas. Plans and regulations must identify any locally know flood risk
areas and contain policy statements and regulations consistent with
Provincial Land Use Policy.
(i)
For those areas without a plan and/or regulations in which flood risk areas
have been mapped under the Canada-Newfoundland Flood Damage
Reduction Program, all applications for development within the floodway and
floodway fringe shall be referred to the Minister of Municipal and Provincial
Affairs in accordance with section 47 of the Urban and Rural Planning Act,
2000. The Minister shall determine the outcome of the application after
evaluating it against this Provincial Land Use Policy and the risks to public
safety and property. Any such development must not contribute to upstream
or downstream flooding or result in a change to flood water flow patterns.
(j)
Development in the floodway, floodway fringe and in a 15 metre buffer around
these zones as well as any area known to be subject to flooding must obtain
prior written approval of the Minister of Environment and Conservation in
accordance with section 48 of the Water Resources Act.
73.
FLOOR AREA
The total area of all floors in a building measured to the outside face of exterior walls and
when calculating, shall include the basement floor area, provided that the finished interior
height of the basement floor area to be included meets the National Building Code of
Canada requirements for ceiling height; but does include areas identified as a crawl space
as outlined by the National Building Code of Canada.
PART II - General Development Standards
Page 43
74.
HEIGHT EXCEPTIONS
The height requirements prescribed in Schedule C of these Regulations may be waived in
the case of communication masts and antennae, flagpoles, water towers, spires, belfries, or
chimneys, but any such waiver which results in an increase of more than 20% in the
permitted height of the structure shall only be authorized under the provisions of Regulation
12.
75.
HERITAGE
(1)
The Authority may designate property within the City of Corner Brook as a Heritage
Property, in accordance with The City of Corner Brook Heritage Designation
Regulation.
2)
Any property so designated as a Heritage Property shall be subject to all applicable
regulations of The City of Corner Brook Heritage Regulation.
3)
The new owner of a Heritage Property must give notice of the change of ownership to
council within sixty days after becoming owner of the property.
4)
No sign or advertisement shall be posted or erected on or adjacent to a Heritage
Property without a permit from the Authority.
5)
The following signs shall be exempt from the requirement to obtain a permit to post
or erect a sign on or adjacent to a Heritage Property;
(a)
Signs erected by the city, the Province of Newfoundland and Labrador, and
the Government of Canada, including traffic or similar regulation devices.
(b)
Signs in windows including writing or lettering directly on the surface of a
window and visible from the exterior.
PART II - General Development Standards
Page 44
(c)
Signs which bear the name, use or date of erection of a building or
commemorating a person or event.
(d)
Signs at a construction site which denote the architect, engineer, contractors
or others involved with the project, provided such signs and removed upon
completion of construction.
(e)
Signs required to be maintained by law or government order or regulation.
(f)
Non-illuminated real estate signs advertising a property for sale provided the
sign does not exceed 1m².
(g)
Signs erected during municipal, provincial or federal elections and must be
removed within two (2) days after the election date.
76.
HOME BASED BUSINESS/OFFICE
A home based business or home based office may be permitted in any dwelling type which is
identified as eligible to operate a home based business, in any use zone where that dwelling
is a permitted, discretionary or legal non-conforming use, subject to the following:
(1)
The business must be operated by a resident of the dwelling unit (owner or tenant).
(2)
If the business owner is not the property owner, a letter from the property owner
authorizing the home based business or office must be submitted with the
application.
(3)
All business activities must be conducted from within the dwelling unit or from a
separate building contained on the same lot as the dwelling unit.
(4)
The types of business that may be considered as a home based business or office
are further defined in the Use Zone Tables of these Regulations, where the home
based business is permitted at the discretion of the Authority.
PART II - General Development Standards
Page 45
(5)
Other regulations with regard to the use and operation of a home based business or
office shall be further identified in the Use Zone Tables of these Regulations, where
the use is permitted at the discretion of the Authority.
(6)
When considering an application for home based business or office, the Authority
shall give notice of the application by notifying the neighbours in the vicinity of the
proposed use. Furthermore, wider public notice must also be given by advertising on
the City's website, by publishing a public notice in a newspaper circulating in the
area, or by other means deemed appropriate.
(7)
No exterior alterations can be made to the dwelling unit that are not consistent with
the residential character of the buildings and property.
(8)
There shall be no outside storage of materials, goods, or equipment related to the
home based business or office.
(9)
A maximum of 2.0 cubic metres of storage may be permitted within a dwelling and a
maximum of 4.0 cubic metres of storage may be permitted within a garage, shed or
other accessory building on the lot.
(10)
Storage of hazardous, explosive or flammable material is not permitted.
(11)
No regular parking of commercial vehicles except for one vehicle with a payload
capacity of no greater than two (2) tons or a domestic vehicle bearing the name,
address, etc. of the home based business or office, will be permitted on the lot.
Required parking for the dwelling unit must continue to be met.
(12)
Repairs to any type of motorized vehicles or heavy equipment or any type of
motorized equipment are not considered to be a home based business use.
PART II - General Development Standards
Page 46
(13)
Activities in relation to the use must not produce any noise, vibration, smoke, dust,
odour, heat, glare, electrical, television or radio interference detectable beyond the
boundaries of the building.
(14) Deliveries of merchandise, goods, or equipment to the home based business or
office must not cause a nuisance or inconvenience to other residents of the
neighbourhood.
(15)
Music, art or any other type of instruction or lessons carried out at the property are
limited to three people at any one time.
(16)
No change in the type or extent of the service provided by the home based business
or office may be made without being approved by the Authority.
(17)
No on-street parking shall be permitted in association with the home based business
or office.
77.
LIVESTOCK STRUCTURES AND USES
(1)
No structure designed to contain more than five animal units shall be erected or
used unless it complies with the following requirements:
(a)
The structure shall be at least 600 m from a residence (except a farm
residence), from an area designated for residential use in an approved Plan,
and from a Provincial or Federal Park.
(b)
The structure shall be at least 60 m from the boundary of the property on
which it is to be erected.
(c)
The structure shall be at least 90 m from the centre line of a street.
(d)
The erection of the structure shall be approved by the appropriate provincial
government department of agency having jurisdiction over the matter.
PART II - General Development Standards
Page 47
(2)
No development for residential use shall be permitted within 600 m of an existing
structure designed to contain more than five animal units unless the development is
first approved by the appropriate provincial government department or agency having
jurisdiction over the matter.
78.
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.
79.
LOT AREA AND SIZE EXCEPTIONS
Where, at the time of coming into effect of these Regulations, one or more lots already exist
in any residential zone, with insufficient frontage or area to permit the owner or purchaser of
such a lot or lots to comply with the provisions of these Regulations, then these Regulations
shall not prevent the issuing of a permit by the Authority for the erection of a dwelling
thereon, provided that the lot coverage and height are not greater than, and the yards and
floor area are not less than the standards set out in these Regulations.
80.
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, including a condominium owned or other private
PART II - General Development Standards
Page 48
street, or forms part of a Comprehensive Development Scheme.
81.
MOBILE OR MINI HOMES
(1)
Groups of more than five (5) mobile or mini homes shall be located only in approved
mobile or mini home parks and mobile or mini home subdivisions in Residential Use
Zones so designated and shall conform to the requirements of the Provincial Mobile
Home Development Regulations currently in effect.
(2)
No development permit shall be issued for a mobile or mini home lot unless it
conforms with the requirements of Regulation 134 of the Mobile Home Development
Regulations.
82.
NON-CONFORMING USES
(1)
Notwithstanding a plan, scheme or regulations made under the Urban and Rural
Planning Act, the Authority shall, in accordance with these regulations made under
the Act, allow a development or use of land to continue in a manner that does not
conform with a regulation, scheme, or plan that applies to that land provided that the
non-conforming use legally existed before the registration under section 24 of the
Act, of the plan, scheme or regulations made with respect to that kind of
development or use.
(2)
Notwithstanding subsection (1), a right to resume a discontinued non-conforming use
of land shall not exceed 6 months after that discontinuance unless otherwise
provided by regulation.
(3)
A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (1)
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by the minister or appropriate council, regional authority
or authorized administrator;
PART II - General Development Standards
Page 49
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development;
(c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, structure or
development has been destroyed;
(d)
may have the existing use for that building, structure or development varied
by the appropriate council, regional authority or authorized administrator to a
use that is, in their opinion more compatible with a plan and regulations
applicable to it;
(e)
may have the existing building extended by the appropriate council, regional
authority or authorized administrator where, in its opinion that extension is not
more than 50% of the existing building;
(f)
where the non-conformance is with respect to the standards included in
development regulations, shall not be expanded if the expansion would
increase the non-conformity; and
(g)
where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with the appropriate plan and regulations, be
repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed.
83.
NON-CONFORMITY - RESIDENTIAL
A residential building or structure referred to in Regulation 82(3)(g) must, where being
repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
(1)
The interior of such building may be permitted by the Authority to be reconstructed or
PART II - General Development Standards
Page 50
altered, in order to render it more convenient or commodious for the same purpose
for which such building is legally used
(2)
A building which is legally used for any residential purpose but which does not
conform to the Regulations of the Use Zone in which it is located, and which
subsequently suffers damage or deterioration to an extent greater than fifty percent
of its replacement value, excluding land, shall not be reconstructed except in
conformity with the Regulations for the Use Zone in which such building is located,
provided that:
(a)
the owner of such building may within one year of such damage taking place
make application to the Authority for a permit to reconstruct the building for
the same purpose for which it was legally used.
(b)
the Authority shall before the expiration 8 weeks or fifty-six (56) days from the
day on which a complete application is received to construct such a building:
(i)
serve a notice of expropriation in accordance with the Act, or;
(ii)
indicate its willingness to issue a permit to develop providing that the
reconstruction of the building conforms to all the requirements of
these Regulations except those pertaining to land use, and that any
such development takes place within the existing curtilage of the lot,
or;
(iii)
A decision to defer a decision with respect to an application will be in
accordance with Regulation 20(1) of these Regulations.
PART II - General Development Standards
Page 51
84.
NOTICE AND HEARINGS ON CHANGE OF USE
Where considering a non-conforming building, structure or development under Regulation
82(3)(d) and before making a decision to vary an existing use of that non-conforming
building, structure, or development, the 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.
85.
NON-CONFORMANCE WITH STANDARDS
Where a building, structure or development does not meet the development standards
included in the 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.
86.
NON-CONFORMING - DISCONTINUANCE OF USE
The Authority may make development regulations providing for a greater period of time than
is provided under subsection 108(2) of the Urban and Rural Planning Act with respect to the
time by which a discontinued non-conforming use may resume operation.
87.
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
Authority and any other authority having jurisdiction.
PART II - General Development Standards
Page 52
88.
OFFSTREET PARKING REQUIREMENTS
(1)
For every building, structure or use to be erected, enlarged or established, there shall
be provided and maintained a quantity of off-street parking spaces sufficient to
ensure that the flow of traffic on adjacent streets is not impeded by the on-street
parking of vehicles associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Schedule D of these
Regulations.
(3)
Each parking space, except in the case of single dwellings, double dwellings and
attached dwellings connected in a row or town housing development, shall be made
accessible by means of a hard surfaced right-of-way at least 3 m in width. Parking
required in a Residential Zone shall be provided on the same lot as the dwelling or
dwellings, and within that Residential Zone. Parking space for apartments shall be
provided in the rear yard where possible, and shall be adequately screened from any
adjoining residential use, where deemed necessary by the Authority. In a Non-
residential Zone, parking spaces shall be provided within the limits of the zone in
which the use is situated and not more than 200 m distant from the use concerned.
(4)
The parking facilities required by this Regulation shall, except in the case of single or
attached dwellings, be arranged so that it is not necessary for any vehicle to reverse
onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted:
(a)
parking space shall mean an area of land, not less than 15 m² in size,
capable of being used for the parking of a vehicle without the need to move
other vehicles on adjacent areas;
PART II - General Development Standards
Page 53
(b)
the parking area shall be constructed and maintained to the specifications of
the Authority;
(c)
the lights used for illumination of the parking area shall be so arranged as to
divert the light away from adjacent development;
(d)
a structure, not more than 3 m in height and more than 5 m² in area may be
erected in the parking area for the use of attendants in the area;
(e)
except in zones in which a service station is a permitted use, no gasoline
pump or other service station equipment shall be located or maintained on a
parking area;
(f)
no part of any off-street parking area shall be closer than 1.5 m to the front lot
line in any zone;
(g)
access to parking areas in non-residential zones shall not be by way of
residential zones;
(h)
where a parking area is in or abuts a residential zone, a natural or structural
barrier at least 1.5 metres in height shall be erected and maintained along all
lot lines;
(i)
unless otherwise stated in the regulations, where a parking area is in or abuts
a residential property, a buffer area at least 2 metres in width shall be
maintained along all adjoining residential property boundaries and may be
landscaped or left in a natural state, as specified by the Authority. .
(j)
parking space for multi-unit apartment buildings in non-residential zones shall
be provided in accordance with the parking requirements as specified in
Schedule D of these Regulations, with the exception of parking required in the
Downtown Zone, where parking may be as specified by the Authority, having
PART II - General Development Standards
Page 54
regard for the provision of alternative parking arrangements and other
relevant and material considerations.
(k)
driveways for all developments shall be designed as per the specifications of
condition (6).
(l)
Notwithstanding condition (k), the width of residential driveways shall not
exceed 30 feet or fifty (50) percent (whichever is less) of the frontage allotted
for the dwelling measured at the street edge. This calculation applies to each
section of a duplex or row/town housing development and includes any
requirement for a subsidiary apartment and/or home base business. For
example, a duplex with each unit having 11 m of frontage at the street edge
would allow for each unit to have a driveway of no greater than 5.5 m wide or
a combined driveway width of 11 meters.
(m)
where, in the opinion of the Authority, strict application of the above parking
requirements is impractical or undesirable, the Authority may as a condition of
a permit require the developer to pay a service levy in accordance with these
Regulations in lieu of the provision of a parking area, and the full amount of
the levy charged shall be used by the Authority for the provision and upkeep of
alternative parking facilities within the general vicinity of the development.
(6)
The definitions below apply to the standards in the following table to be used when
calculating driveway measurements and design criteria:
(a)
Residential - development consisting of single family residences or residential
complexes containing up to 4 units.
(b)
Commercial - office, retail, institutional, or multiunit residential (5 or more
dwelling units) development primarily serving passenger vehicles but
occasionally accommodating service trucks.
PART II - General Development Standards
Page 55
(c)
Industrial - development that primarily serves truck traffic, such as
warehousing and truck terminal facilities.
Driveway Standards
Residential (metres)
Commercial
(metres)
Industrial (metres)
One-way access width (minimum)
3.0
4.5
5.0
Two-way access width (minimum)
3.0
7.2
9.0
Required number of driveways /
accesses
1
1
1
Curb radius (R) (minimum)
3.0
4.5
9.0
Intersection Type
"T"
"T"
"T"
Minimum separation from street
line of street intersection
10*
10*
10*
Minimum Separation between
driveway and property boundary.
1.0
3.0
3.0
Arterial
Collector
Local
Maximum driveway grade within
street right-of-way
HV: 1.0%
L-M: 1-3%
L-M: 1.0-4.0%
min. use: 1.0-
6.0%
Maximum driveway grade on-site
HV: +4.0% / -2.0%
L-M: +8.0% / -4.0%
L-M: +10.0% / -
4.0%
min.use: +12.0%
/ -7.0%
Notes: High volume (HV) : >1500v/d, moderate (M) : >750 to 1500 v/d,
low (L): 25 to 750 v/d, min. use (mu): ≤ v/d.
*Separations between street line of street intersections may be greater if required by the
Transportation Association of Canada manual (most recent version)
89.
OFF-STREET LOADING REQUIREMENTS
(1)
For every building, structure or use to be erected, enlarged or established requiring
the shipping, loading or unloading of animals, goods, wares or merchandise, there
shall be provided and maintained for the premises loading facilities on land that is
not part of a street comprised of one or more loading spaces, 15 m long, 4 m wide,
and having a vertical clearance of at least 4 m with direct access to a street or with
access by a driveway of a minimum width of 6 m to a street.
(2)
The number of loading spaces to be provided shall be determined by the Authority.
(3)
The loading facilities required by this Regulation shall be so arranged that vehicles
PART II - General Development Standards
Page 56
can manoeuvre clear of any street and so that it is not necessary for any vehicle to
reverse onto or from a street.
90.
PARKS AND PLAYGROUNDS, AND CONSERVATION USES
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and play-
grounds are not located in areas which may be hazardous to their use and are not operated
for commercial purposes.
91.
SCREENING AND LANDSCAPING
The Authority may, in the case of existing unsightly development, order the owner or
occupier to provide adequate and suitable landscaping or screening; and for this purpose
may require the submission of an application giving details of the landscaping or screening,
and these Regulations shall then apply to that application. The provision of adequate and
suitable landscaping or screening may be made a condition of any development permit
where, in the opinion of the Authority, the landscaping or screening is desirable to preserve
amenity, or protect the environment.
92.
SERVICES AND PUBLIC UTILITIES
The Authority may within any zone permit land to be used in conjunction with the provision of
public services and public utilities if the use of that land is necessary to the proper operation
of the public service or public utility concerned provided that the design and landscaping of
any development of any land so used is, in the opinion of the Authority, adequate to protect
the character and appearance of the area.
PART II - General Development Standards
Page 57
93.
SERVICE STATIONS
The following requirements shall apply to all proposed service stations:
(1)
All gasoline pumps shall be located on pump islands designed for such purpose, and
to which automobiles may gain access from either side.
(2)
Pump islands shall be set back at least 4 metres from the front lot line.
(3)
Accesses shall be not be less than 7.2 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.
94.
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.
95.
STREET CONSTRUCTION STANDARDS
A new street may not be constructed except in accordance with and to the design and
specifications set out by the Authority.
96.
SUBSIDIARY APARTMENTS/SECONDARY RESIDENTIAL SUITES
Subsidiary apartments/secondary suites 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. No subsidiary apartment/secondary suite shall be greater than
80% of the main dwelling's gross floor area. Any secondary dwelling unit greater than 80%
of the main dwelling's floor area shall be classified as a double dwelling and shall follow the
standards outlined for such.
PART II - General Development Standards
Page 58
97.
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.
98.
ZERO LOT LINE DEVELOPMENT
The Authority may, at its discretion, approve the erection of dwellings which are designed to
form part of a zero lot line development or development which does not, with the exception
of dwelling unit floor area, meet the requirements of the Use Zone Table in Schedule C,
provided that the dwellings are designed to provide both privacy and reasonable access to
natural daylight and the overall density within the layout conforms to the regulations and
standards set out in the Use Zone Table apply where the development adjoins other
development.
99.
GARDEN SUITES
The Authority reserves the right to approve a garden suite as a discretionary residential use,
in applicable use zones and in accordance with the standards, conditions and requirement
of the Use Zone Table for garden suites. The intent of the use is to provide separate living
quarters for a family member(s) or guest(s) of the owner of the main single family dwelling
on the lot. It may not be used as a commercial residential property for sale, lease or rent
and ownership of the garden suite must remain vested with the owner of the main dwelling.
A garden suite must have a separate water and sewer service, connected to the municipal
main service infrastructure or provided from the main dwelling unit on the lot, unless it is in
future subdivided from the original property, in which case it must then be provided with
separate, independent municipal services directly connected to the main municipal service
infrastructure and meet the minimum lot size for a single dwelling in a Residential Special
Density Zone.
PART III - Advertisements
Page 59
PART III - ADVERTISEMENTS
PART III - Advertisements
Page 60
100.
PERMITS REQUIRED
Subject to the provisions of Regulation 105, no advertisement shall be erected or displayed
in the Planning Area unless a permit for the advertisement is first obtained from the
Authority.
101.
FORM OF APPLICATION
Application for a permit to erect or display an advertisement shall be made to the authority
in accordance with Regulation 18.
102.
ADVERTISEMENTS PROHIBITED IN STREET RESERVATION
No advertisement shall be permitted to be erected or displayed within, on or over any
highway or street reservation.
103.
PERMIT VALID FOR LIMITED PERIOD
A permit granted under these Regulations for the erection or display of an advertisement
shall be for a limited period, not exceeding two years, but may be renewed at the discretion
of the Authority for similar periods. The time period for permits for temporary
advertisements shall be as specified in the Use Zone Tables where temporary
advertisements are allowed.
104.
REMOVAL OF ADVERTISEMENTS
Notwithstanding the provisions of these Regulations, the Authority may require the removal
of any advertisement which, in its opinion, is:
(1)
hazardous to road traffic by reason of its siting, colour, illumination, or structural
condition, or;
PART III - Advertisements
Page 61
(2)
detrimental to the amenities of the surrounding area.
105.
ADVERTISEMENTS EXEMPT FROM CONTROL
The following advertisements may be erected or displayed in the Planning Area without
application to the Authority:
(1)
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2
m² in area;
(2)
on an agricultural holding or farm, a notice board not exceeding 1 m² in area and
relating to the operations being conducted on the land;
(3)
on land used for forestry purposes, signs or notices not exceeding 1 m² in area and
relating to forestry operations or the location of logging operations conducted on the
land;
(4)
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;
(5)
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2
m² in area in connection with the practice of a professional person carried out in the
premises and to whom a development permit for Home Based Business has been
issued.
(6)
on any site occupied by a church, school, library, art gallery, museum, institution or
cemetery, one notice board not exceeding three (3) square metres in area;
(7)
on the principal facade of any commercial, industrial or public building, the name of
the building or the name of the occupants of the building, in letters not exceeding
one-tenth of the height of that facade or 3 m, whichever is the lesser;
PART III - Advertisements
Page 62
(8)
on any parking lot directional signs and one sign not exceeding 1 m² in size,
identifying the parking lot.
106.
APPROVAL SUBJECT TO CONDITIONS
A permit may only be issued for the erection or display of advertisement which comply with
the appropriate conditions and specifications set out in the Use Zone Tables in Schedule C
of these Regulations.
106.1. ADVERTISEMENT SIZE EXCEPTION
Notwithstanding the conditions regulating the maximum size of an advertisement in
applicable sections Advertisements Relating to Offsite Uses as set out in the Use Zone
Tables of these Regulations, a digital "Ground Sign" or "Pylon Sign" meeting the definition in
these Development Regulations and the City of Corner Brook "Third Party Signage
Regulation", may, in a Use Zone in which an off-site advertisement is permitted or
discretionary, at the discretion of the Authority, be permitted to exceed the maximum size of
an offsite sign in a Use Zone subject to the following:
(a) the maximum overall dimension of the sign area may not exceed 10.0 square metres;
(b) the overall size of the (ground) sign, including the sign area, must still be within the
maximum total allowable advertisement size permitted for the lot, calculated as a
percentage of the building façade area. If more than one (ground) sign
advertisement is located on a lot, the total of all signs must still be within the total
percentage for offsite advertisement display as set out in the applicable Use Zone
Tables;
(c) the Authority shall give notice of the application for a permit or for outline planning
permission for a "Ground Sign" or "Pylon Sign" that will exceed the maximum size as
set out in the applicable Use Zone Tables, by public advertisement in a newspaper
(22 June 2017)
PART III - Advertisements
Page 63
circulating in the area and by any other means deemed necessary to adequately
notify the general public. The public notice shall provide an opportunity for public
comment on the application;
(d) notification shall be given to property owners within 100 metres distance of the
proposed location of the sign who may be affected by the erection of the sign; and
(e) the advertisement complies with all other applicable regulations of the City of Corner
Brook.
106.2 ADVERTISEMENTS ON VACANT PROPERTY
Only ground or pylon digital signs may be erected on vacant property, in zones where they
may be permitted, subject to the following conditions:
(a)
the sign must comply with the City of Corner Brook Third Party and Digital Signage
Regulations;
(b)
the maximum size of a ground or pylon sign on vacant land shall be 10.0 Square
metres;
(c)
only one ground or pylon sign may be permitted on any single vacant parcel of land;
(d)
separation distances between this and another ground or pylon sign on another lot,
vacant or containing a building(s) shall be as set out in the City of Corner Brook Third
Party and Digital Signage Regulation;
(e)
all other setbacks from property boundaries, residential zones and intersections shall
be as set out in the City of Corner Brook Third Party and Digital Signage Regulation;
(f)
a ground or pylon sign shall be erected on a vacant parcel of land in a manner that
will not interfere with the required development standards of a building that may
subsequently be developed on the property; and
(g)
the Authority shall give notice of the application for a permit or for outline planning
permission for a ground or pylon sign on vacant land, by public advertisement in a
newspaper circulating in the area and by any other means deemed necessary to
(22 June 2017)
PART III - Advertisements
Page 64
adequately notify the general public. The public notice shall provide an opportunity
for public comment on the application.
107.
NON-CONFORMING USES - ADVERTISEMENTS
Notwithstanding the provisions of Regulation 100, a permit may be used for the erection or
display of advertisements on a building or within the curtilage 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 appro-
priate by the Authority.
PART IV - Subdivision of Land
Page 65
PART IV - SUBDIVISION OF
LAND
PART IV - Subdivision of Land
Page 66
108.
PERMIT REQUIRED
No land in the Planning Area shall be subdivided unless a permit for the development of the
subdivision is first obtained from the Authority.
109.
SERVICES TO BE PROVIDED
No permit shall be issued for the development of a subdivision unless provisions satisfactory
to the Authority have been made in the application for a supply of drinking water, a properly
designed sewage disposal system, a properly designed storm drainage system, and properly
designed road system.
110.
PAYMENT OF SERVICE LEVIES AND OTHER CHARGES
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Authority for connection to services, utilities
and streets deemed necessary for the proper development of the subdivision, and all
service levies and other charges imposed under Regulations 14 and 15
111.
ISSUE OF PERMIT SUBJECT TO CONSIDERATIONS
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Authority shall,
without limiting the generality of the foregoing, consider:
(1)
the location of the land;
(2)
the availability of and the demand created for schools, services, and utilities;
(3)
the provisions of the Plan and Regulations affecting the site;
PART IV - Subdivision of Land
Page 67
(4)
the land use, physical form and character of adjacent developments;
(5)
the transportation network and traffic densities affecting the site;
(6)
the relationship of the project to existing or potential sources of nuisance;
(7)
soil and subsoil characteristics;
(8)
the topography of the site and its drainage;
(9)
natural features such as lakes, streams, topsoil, trees and shrubs;
(10)
prevailing winds;
(11)
visual quality;
(12)
community facilities;
(13)
energy conservation;
(14)
such other matters as may affect the proposed development.
112.
BUILDING PERMITS REQUIRED
Notwithstanding the approval of a subdivision by the Authority, a separate building permit
shall be obtained for each building proposed to be erected in the area of the subdivision,
and no building permit for any building in the area shall be issued until the developer has
complied with all the provisions of these Regulations with respect to the development of the
subdivision.
113.
FORM OF APPLICATION
Application for a permit to develop a subdivision shall be made to the Authority in
accordance with Regulation 18.
PART IV - Subdivision of Land
Page 68
114.
SUBDIVISION SUBJECT TO ZONING
The subdivision of land shall be permitted only in conformity with the Use Zones delineated
on the Zoning Maps.
115.
BUILDING LINES
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines.
116.
LAND FOR PUBLIC OPEN SPACE
(1)
For all residential subdivision developments over four (4) lots, and before the
development commences, the developer shall dedicate to the Authority, at no cost to
the Authority, an area of land equivalent to not more than 10% of the total land area
to be developed (including all roads), or 25 m² for every dwelling unit permitted in the
subdivision, whichever is the greater, for public open space. Should the Authority
determine that the greater of these two options be inadequate for the needs of the
area, the Authority reserves the right to increase the percentage to an appropriate
size of land of not more than that required for a neighbourhood park at 1.6 hectares.
Where the Authority determines that suitable land is not available or does not require
a park in the area, the Authority may accept from the developer, a sum of money, in
lieu of land, equal to the current market value of the area of land, calculated in
accordance with the following: The going rate of land for lots being sold in the
subdivision multiplied by the area of land required in accordance with the description
above. For greater clarity, the said going rate shall be the average of the going rate
(either price per square metre or price per square foot) for three lots in the
subdivision. For example: Lot 1 sale price per square metre of $XXX + Lot 2 sale
price per square metre of $YYY + Lot 3 sale price per square metre of $ZZZ added
together and then averaged determines the rate. The average rate is then multiplied
by the area of land required by the Authority (10% of gross area x average rate =
PART IV - Subdivision of Land
Page 69
total) or ({25 m2} x {no. of lots} x average rate = total).
(2)
For all commercial and industrial developments over 2000 square metres in area,
and before the development commences, the developer shall dedicate to the
Authority, at no cost to the Authority, an area of land equivalent to not more than
10% of the total land area to be developed (including all roads), or the payment of a
sum of money, equal to the value of the land in its undeveloped state, calculated at
current fair market value, of the 10% area of land required to be dedicated for open
space.
(3)
If, in the opinion of the Authority, no public open space is required within the area of
the subdivision, the land may be used for such other public use as the Authority may
determine.
(4)
The location and suitability of any land dedicated under the provisions of this
Regulation shall be subject to the approval of the Authority but in any case, the
Authority shall not accept land which, in its opinion is incapable of development for
any purpose.
(5)
Money received by the Authority in accordance with Regulation 116(1) and (2) above,
shall be reserved by the Authority for the purpose of the acquisition or development
of land for public open space or other public purpose.
(6)
Land dedicated for public use in accordance with this Regulation shall be conveyed
to the Authority and may be sold or leased by the Authority for the purposes of any
development that conforms with the requirements of these Regulations, and the
proceeds of any sale or other disposition of land shall be applied against the cost of
acquisition or development of any other land for the purposes of public open space
or other public purposes.
(7)
The Authority may require, from any type of development, of a size appropriate for the
stated use, to be reserved and remain undeveloped along the banks of any river,
PART IV - Subdivision of Land
Page 70
brook or pond, and this land may, at the discretion of the Authority, constitute the
requirement of land for public use under Regulation 116(1) and (2).
117.
STRUCTURE IN STREET RESERVATION
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the
prior approval of the Authority which shall be satisfied on the question of safe construction
and relationship to the adjoining buildings and other structures within the street reservation.
118.
SUBDIVISION DESIGN STANDARDS
No permit shall be issued for the development of a subdivision under these Regulations
unless the design of the subdivision conforms to the following standards:
(1)
The finished grade of streets shall not exceed 10 percent, unless otherwise approved
by the Authority.
(2)
Every cul-de-sac shall be provided with a right-of-way turning circle of a diameter of
not less than 36 m.
(3)
The maximum length of any cul-de-sac, measured from the streetline of the
intersecting street to the beginning of the bulb of the cul-de-sac, shall be:
200 metres in areas served by or planned to be served by municipal piped
water and sewer services, as shown in the map and letter of agreement
signed by the Municipality and the Minister of Municipal and Provincial Affairs
in connection with municipal five-year capital works program eligibility.
(4)
No cul-de-sac shall be located so as to appear to terminate a collector street.
(5)
New subdivisions shall have street connections with an existing street or streets.
PART IV - Subdivision of Land
Page 71
(6)
Intersections shall be constructed with a minimum distance of 60 metres between
the street lines of intersecting streets, as measured along the thru street.
(7)
No more than four streets shall join at any street intersection.
(8)
No residential street block shall be longer than 490 m between street intersections.
(9)
No lot designed and intended for residential development shall have a depth
exceeding four times the frontage unless otherwise approved by the Authority.
(10)
Residential lots shall not be permitted which abut a local street at both front and rear
lot lines.
(11)
The Authority may require any existing natural, historical or architectural feature or
part thereof to be retained when a subdivision is developed.
(12)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
119.
ENGINEER TO DESIGN WORKS AND CERTIFY CONSTRUCTION
LAYOUT
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers and all
appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other
utilities deemed necessary by the Authority to service the area proposed to be developed or
subdivided shall be designed and prepared by or approved by a Professional Engineer
licensed to practice in the province of Newfoundland and Labrador (referenced further as
"the Engineer"). Such designs and specifications shall, upon approval by the Authority, be
incorporated in the plan of subdivision.
(1)
Upon approval by the Authority of the proposed subdivision, the Engineer shall certify
all work of construction layout preliminary to the construction of the works and
PART IV - Subdivision of Land
Page 72
thereupon the developer shall proceed to the construction and installation, at his
own cost and in accordance with the approved designs and specifications and the
construction layout certified by the Engineer, of all such water mains, hydrants,
sanitary sewers and all appurtenances and of all such streets and other works
deemed necessary by the Authority to service the said area.
120.
DEVELOPER TO PAY ENGINEER'S FEES AND CHARGES
The developer shall pay to the Authority all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of construction;
such fees and charges being percentages of the total cost of materials and labour for the
construction and installation of all works calculated in accordance with the Schedule of Fees
recommended by the Association of Professional Engineers and Geoscientists of
Newfoundland and Labrador and in effect at the time the work is carried out.
121.
SECURITIES
Subdivision securities shall be retained by the Authority as per the "Subdivision Design
Procedures for the City of Corner Brook".
122.
TRANSFER OF STREETS AND UTILITIES TO AUTHORITY
(1)
The developer shall, following the approval of the subdivision of land and upon
request of the Authority, transfer to the Authority, at no cost to the Authority, and
clear of all liens and encumbrances:
(a)
lands in the area proposed to be developed or subdivided which are approved
and designated by the Authority for public uses as streets, or other rights-of-
way, or for other public use;
(b)
all services or public works including streets, water supply and distribution
and sanitary and storm drainage systems installed in the subdivision that are
PART IV - Subdivision of Land
Page 73
normally owned and operated by the Authority.
(2)
Before the Authority shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets, services
and public works installed in the subdivision and certify their satisfaction with the
installation.
(3)
The Authority shall not provide maintenance for any street, service or public work in
any subdivision until such time as such street, service or public work has been
transferred to and accepted by the Authority.
123.
RESTRICTION ON SALE OF LOTS
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until the Authority is satisfied that:
(1)
the lot can be served with satisfactory water supply and sewage disposal systems,
and;
(2)
satisfactory access to a street is provided for the lots.
124.
GROUPING OF BUILDINGS AND LANDSCAPING
(1)
Each plan of subdivision shall make provision for the grouping of building types and
for landscaping in order to enhance the visual aspects of the completed development
and to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by the Authority, shall not be changed without
written application to and subsequent approval of the Authority.
PART V - Use Zones
Page 74
PART V - USE ZONES
PART V - Use Zones
Page 75
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 or
permitted use.
125.
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 125(3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in
the Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not set
out in the Use Zone Tables in Schedule C, the Authority may in its discretion,
determine the standards, requirements and conditions which shall apply.
126.
USE CLASSES
The specific uses to be included in each Use Class set out in the Use Zone Tables in
Schedule C shall be determined by the Authority in accordance with the classification and
examples set out in Schedule B.
127.
PERMITTED USES
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in
the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that Use
Zone.
PART V - Use Zones
Page 76
128.
DISCRETIONARY USES
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out
in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if the
Authority is satisfied that the development would not be contrary to the general intent and
purpose of these Regulations, the Municipal Plan, or any further scheme or plan or
regulation pursuant thereto, and to the public interest, and if the Authority has given notice
of the application in accordance with Regulation 26 and has considered any objections or
representations which may have been received on the matter.
129.
USES NOT PERMITTED
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.
This regulation applies to all parking areas, driveways, accesses, uses and areas or activities
defined as development that area subsidiary to, associated with and/or connected to the
permitted or discretionary use.
129.1 USES PERMITTED IN ALL ZONES
Despite any other regulation and in accordance with the following table, the uses hereunder
shall be considered as permitted or discretionary by Council in any zone within the Municipal
Planning Area. (August 23, 2019)
PERMITTED USES
DISCRETIONARY USES
- ATV/Snowmobile Trails
SCHEDULE A: Definitions
Page 77
SCHEDULE A: DEFINITIONS
In these Development Regulations, the following terms shall have the meanings indicated in
this section.
ACCESS: A way used or intended to be used by vehicles, pedestrians or animals in order to
go from a road, street or highway to land adjacent to it or to go from that land onto the
street.
ACCESSORY BUILDING: includes:
(1)
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,
(2)
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,
(3)
for commercial uses, workshops or garages, and
(4)
for industrial uses, garages, offices, raised ramps and docks;
ACCESSORY USE: A 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, Act means the Urban and Rural Planning Act.
ADVERTISEMENT: Any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, whether two dimensional or three dimensional,
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
SCHEDULE A: Definitions
Page 78
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: Horticulture, fruit growing, grain growing, seed growing, dairy farming, the
breeding or rearing of livestock, including any creature kept for the production of food, wool,
skins, or fur, or for the purpose of its use in the farming of land, the use of land as grazing
land, 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 and may, at the Authority's discretion, include
primary processing of onsite products.
AMUSEMENT USE: The use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pinball games
and slot machine arcades and billiard and pool halls.
ANIMAL UNIT: Any one of the following animals or groups of animals:
(1)
1 bull;
(2)
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
(3)
1 cow (including calf);
(4)
100 female mink (including associated males and kits);
(5)
4 goats;
(6)
X hogs (based on 453.6 kg = 1 unit);
(7)
1 horse (including foal);
(8)
125 laying hens;
(9)
4 sheep (including lambs);
SCHEDULE A: Definitions
Page 79
(10)
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
(11)
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
ANTENNA: Any exterior apparatus such as wires, poles, rods, or reflecting dishes used for
the transmission or reception of television, radio, telephone or data signals from other
antennae or satellites.
APARTMENT BUILDING: A building containing three or more dwelling units, but does not
include a row dwelling or a single dwelling with a subsidiary apartment.
APPLICANT: A person who has applied to the Authority for approval or a permit to carry out a
development.
APPEAL BOARD: The appropriate Appeal Board established under the Act.
APPROVAL IN PRINCIPLE: The preliminary approval of an application relating to the
development subject to later submission to the Authority, for consideration and approval,
which does not permit development, of details not stated in the application.
ARTERIAL STREET: The streets in the Planning Area constituting the main traffic arteries of
the area and may be defined as arterial streets or highways in the Municipal Plan or on the
Zoning Map.
ATV/SNOWMOBILE TRAIL: Means a single trail or network of trails, corridors, and/or
accesses designed mainly for use by motorized snow vehicles or all-terrain vehicles (as
defined under the Motorized Snow Vehicles and All-Terrain Vehicles Regulations, CNLR
1163/96). In addition to off-street facilities, this use may also include portions of the street
right-of-way that may serve as linkages within the trail network. As accessory to an
ATV/Snowmobile trail, this use may also incorporate active transportation modes including,
but not limited to, hiking, horse riding, walking/running, cycling, cross country skiing, or
snow-shoeing. (August 23, 2019)
AUTHORITY: The Council of the City of Corner Brook or its employees so designated by
SCHEDULE A: Definitions
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Council, to approve or reject applications, to develop land in accordance with the
appropriate plan and regulations, and may outline conditions applicable to that
development.
BACK LOT COMPREHENSIVE DEVELOPMENT: Multi-unit residential development occurring
in the back or rear lands of existing residential properties that have some degree of street
frontage in order to provide direct access to the property for both residents and emergency
and other service related vehicles and which all or part of the development may be located
perpendicular to a city street or which may be surrounded by other residential property, with
the exception of the necessary frontage, meeting with the satisfaction of the Authority. In
the context of these regulations, this term is synonymous with the term "Comprehensive
Development" or "Back lot Development.
BASEMENT: A habitable portion of a building which is partly or wholly underground, and has
not more than half of the distance between the floor level and underside of the ceiling joists
above the adjacent finished grade elevation.
BED AND BREAKFAST: A single, double or row dwelling, occupied by the property owner or
the Bed and Breakfast host as a primary residence, in which at least one, and up to four
rooms, offer overnight accommodation and a meal (breakfast) to registered guests, for a
fee. The owner or tenant of the dwelling remains in residence for the duration of the rental
period(s).
BIODEGRADABLE WASTE - any waste that is capable of undergoing anaerobic or aerobic
decomposition, such as food, garden, paperboard, and paper waste, and includes
agricultural, aquaculture, and forestry waste.
BOARDING HOUSE: A dwelling in which at least 2 rooms, but not more than four, are
regularly rented to persons other than the immediate family of the owner or tenant and the
owner or tenant resides at the dwelling while the rooms are being rented.
BUFFER: A berm, row of trees or shrubs, hedge, fence or distance separation that provides
SCHEDULE A: Definitions
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a barrier between incompatible sites, uses or districts.
BUILDING: means:
(1)
a structure, erection, alteration or improvement placed on, over or under land or
attached, anchored or moored to land.
(2)
mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and similar uses.
(3)
a part of and fixtures on buildings referred to in subparagraphs (i) and (ii).
(4)
an excavation of land whether or not that excavation is associated with the intended
or actual construction of a building or thing referred to in subparagraphs (i) to (iii).
BUILDING HEIGHT: The vertical distance, measured in metres from the established grade to
the
(1)
highest point of the roof surface of a flat roof,
(2)
deck line of a mansard roof, and
(3)
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.
BUILDING LINE: A line established by the Authority that runs parallel to a street line and is
set at the closest point to a street that a building may be placed.
BUILDING PERMIT: A document authorizing the construction of a new building, demolition
and/ or alteration of a building on an approved lot.
BUILDING SEPARATION: The minimum distance between two buildings on adjoining parcels
of land, or on the same parcel or land.
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CAMPGROUND: Land which is used for the purpose of providing temporary lodging in tents
or recreational vehicles and which may contain water, sewer and electrical services.
CARWASH: A building or structure used for the purpose of washing vehicles and includes
self-serve manual wash operations or full service automated facilities.
CATERING: A use such as a restaurant, cafe, bar or lounge which supplies food and/or
beverages to be consumed on the premises.
CEMETERY: Land used for the purpose of properly burying, or containing in a secure facility,
human remains in accordance with legal, social and public health requirements. It may also
include land used for the purpose of burying or containing animal remains.
CONSERVATION: The use of land in such a way as to conserve and enhance its natural or
scenic resources, for the protection of features such as streams, water supplies, flood plains
and steep slopes.
CHILDCARE: A building or part of a building in which services and activities are regularly
provided to pre-school and other children during the daytime period and as further defined
under the Child Care Services Act but does not include a school as defined by the Schools
Act. This definition includes day care centres, child care uses or day nurseries that may be
regulated or unregulated, but does not include family childcare, as defined by the province
of Newfoundland and Labrador's Health and Community Services Department.
COLLECTOR STREET: 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.
COMPREHENSIVE DEVELOPMENT: Multi-unit residential development occurring in the back
or rear lands of existing residential properties that have some degree of street frontage in
order to provide direct access to the property for both residents and emergency and other
service related vehicles and which all or part of the development may be located
SCHEDULE A: Definitions
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perpendicular to a city street or which may be surrounded by other residential property, with
the exception of the necessary frontage, meeting with the satisfaction of the Authority .
COMPREHENSIVE DEVELOPMENT PLAN: A plan approved by the Authority for the
development within a zone requiring a comprehensive development plan. The plan shall
include a vision and design principles for the subject lands, as well as their relationship to
the surrounding land use context. It shall include plans for land use, road design, water,
sewer and storm water services, fire protection, parking, site access, service access,
pedestrian movement, public access, landscaping, built form, locations of public spaces and
development standards. This definition of a Comprehensive Development Plan also applies
to comprehensive development for residential purposes, or Backlot Comprehensive
Development.
CONDOMINIUM: A structure of two or more units that can be in the form of an apartment
building, office building, or other multiple-unit complex which contains single and double
dwellings, in which the interior space of the units is individually owned and the balance of
the real property, including land and building common area(s) which includes, but is not
limited to, all driveways, common grounds, passageways, parking areas, elevators, outside
hallways, recreation and landscaped areas, is owned in common by the owners of the
individual units.
CONSERVATION: the use of land in such a way as to conserve and enhance its natural or
scenic resources, for the protection of features such as streams, water supplies, flood plains
and steep slopes.
CONTRACTOR'S YARD: Land used for the purpose of storing equipment, vehicles, goods,
supplies, or other material which may be used by a contractor or the owner/operator of the
premises for the carrying out of any activity of a business, or which may be necessary to the
operation of a business or commercial or industrial activity. The yard may be enclosed by a
fence or other barrier or may be open and accessible and may include building or other
SCHEDULE A: Definitions
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accessory use, as defined in these Regulations.
DECK: A flat floored, roofless area adjoining or attached to a dwelling or other building. A
deck may be accessed by steps, direct access to a building or both and may be located on
any floor of a building (i.e. an upper storey or cantilevered balcony).
DEVELOPMENT: The carrying out of building, engineering, mining or other operations in, on,
over, or under land, or the making of a material change in the use, or the intensity of use of
a land, buildings, or premises and the
(1)
making of an access onto a highway, road or way,
(2)
erection of an advertisement or sign,
(3)
construction of a building,
(4)
parking of a trailer, or vehicle of any description used for the sale of refreshments or
merchandise, or as an office, or for living accommodation, and excludes the
(5)
carrying out of works for the maintenance, improvement or other alteration of a
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building,
(6)
carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the
road reservation,
(7)
carrying out by a local authority or statutory undertakers of works for the purpose of
inspecting, repairing or renewing sewers, mains, pipes, cables or other apparatus,
including the breaking open of street or other land for that purpose, and
(8)
use of a building or land within the courtyard of a dwelling house for a purpose
incidental to the enjoyment of the dwelling house as a dwelling.
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DEVELOPMENT PERMIT: A document authorizing a development issued pursuant to these
Development Regulations.
DEVELOPMENT REGULATIONS: These regulations respecting development that have been
enacted by the Authority and regulations made under sections 34 to 38 of the Urban and
Rural Planning Act.
DISCRETIONARY USE: A use that is listed within the discretionary use classes established in
the use zone tables of the Authority's Development Regulations.
DOUBLE DWELLING: 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/secondary suite.
DWELLING UNIT: A suite operated as a housekeeping unit, used or intended to be used by
one or more persons and usually containing cooking, eating, living, sleeping, and sanitary
facilities.
ENGINEER: An engineer who is a member of the Association of Professional Engineers and
Geoscientists of Newfoundland and Labrador, employed or retained by the Authority.
ESTABLISHED GRADE: means,
(1)
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
(2)
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.
EXISTING:
In existence on the effective date of the Development Regulations.
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FAMILY CHILDCARE: Care provided to children in the family child care provider's home to a
maximum of six children, and as further defined by the province of Newfoundland and
Labrador's Health and Community Services Department.
FAMILY AND GROUP HOME: 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", "Foster
Home" and "Shelter".
FLOOD PROOFING: Structural and/or non-structural measures incorporated in the design of
a building or structure which reduces or eliminates the risk of flood damage by ensuring that
the ground floor elevation is higher than the projected flood level and the building can be
exited without hindrance in the event of a flood.
FLOODWAY: The inner portion of a flood risk area where the risk of flood is greatest, on
average once in twenty years, and where the flood depths and water velocities are greatest.
FLOODWAY FRINGE: The outer portion of a flood risk area, between the floodway and the
outer boundary of the flood risk area, where the risk of flooding is lower, on average once in
one hundred years, and flood waters are shallower and slower.
FLOOR AREA: The total area of all floors in a building measured to the outside face of
exterior walls.
FORESTRY: The use of land for the purpose of woodland management including the felling,
cutting, trimming and thinning of forest or woodland for the extraction of timber, and
includes reforestation, afforestation and silviculture.
FRONTAGE: The horizontal distance between side lot lines measured at the building line.
FRONT YARD DEPTH: The distance between the front lot line of a lot and the closest point of
the building facade of the main building on the lot. The front yard depth is synonymous with
front setback.
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GARAGE: A building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GARDEN SUITE: A garden suite, sometimes called a granny flat, is a self-contained dwelling
unit without a basement, located in the rear or side yard of a lot containing an existing,
permanent, single dwelling. It is equipped with its own kitchen, living area, a maximum of
two bedrooms, bathroom and storage space. It does not have a subsidiary unit and is
detached from the primary dwelling on the lot.
GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, processing, testing, packing, canning,
preparing, salvaging, breaking up, demolishing, or treating any article, commodity or
substance. "Industry" shall be construed accordingly.
GENERAL GARAGE: Land or buildings used exclusively for repair, maintenance and storage
of motor vehicles and may include the sale of gasoline or diesel oil.
GRADE: The ground elevation established for the purpose of regulating the height of a
building. The building grade shall be the finished ground elevation adjacent to the walls of
the building if the finished grade is level. If the ground is not entirely level, the grade shall
be determined by averaging the finished ground elevation for each face of the building.
GROSS FLOOR AREA: The total of the floor areas of a building(s), above or below grade,
measured between the exterior faces of the exterior walls of the building at each floor level
but does not include crawlspace area.
GROUND SIGN: Means a sign affixed to the ground, intended as a permanent structure, and
which is supported by one or more uprights or braces (pylons) in or upon the ground, which
may be a static sign or a digital sign and includes what is commonly also referred to as a
"pylon" sign.
HALL OF RESIDENCE: Hall of Residence is defined as a residence for students in or near a
(22 June 2017)
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college or university. A Hall of Residence must be owned and operated by a university or
college and be located on or within 1 km from an existing bus route within the City of Corner
Brook.
HAZARDOUS INDUSTRY: 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.
HERITAGE PROPERTY: Any property designated as such under Regulation 75 and in
accordance with The City of Corner Brook Heritage Regulation.
HOME BASED BUSINESS: An accessory use of a dwelling unit, or an accessory building on
the lot, for a business which is secondary and incidental or subsidiary to the primary use of
the dwelling as a residence and does not change the residential character of the building or
site and is operated by a resident of the dwelling (owner or tenant).
HOME BASED OCCUPATION: The types of home based businesses that may be permitted in
residential dwellings, as defined in "Home Based Business" and are identified in the Use
Zone Tables.
HOME BASED OFFICE: A business which utilizes an office in the residential unit as the
primary location of the business activity and where customers may visit and the business
product is created from within the office area through use of a computer terminal or other
office equipment. It does not include the home office of a self-employed person or
contractor who works off-site to generate the employment income and who is considered to
operate a mobile business.
INSPECTOR: Any person appointed and engaged as an Inspector by the Authority or by any
federal or provincial authority or the agent thereof.
INSTITUTION: A building or part thereof occupied or used by persons who:
(1)
are involuntarily detained, or detained for penal or correctional purposes, or whose
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liberty is restricted, or;
(2)
require special care or treatment because of age, mental or physical limitations or
medical conditions.
KENNEL: An establishment for the keeping, breeding and raising of domesticated animals
for personal or business interest.
LAND: Includes land covered by water and buildings and structures on, over, under the soil
and fixtures that form part of those buildings and structures.
LANDSCAPING: The development of land by altering the topography and ground cover and
may include, but shall not be limited to, the use of turf, plants, shrubs, trees, retaining walls
and fences.
LANDSCAPING PLAN: A scaled drawing illustrating a design for a landscaped area which
specifies the number, species, height and calliper of trees and shrubs, the size, colour and
texture of hard landscaping elements, areas of grass, edging details, cross sections and
details of any construction and details of any other features or horticultural elements.
LAND USE ASSESSMENT REPORT: A report prepared by accredited professionals, or other
suitably qualified persons as determined by the Authority, to assess the impacts a proposed
use or development may have on the social, economic and environmental sustainability of
the adjacent properties, the City or the region and is prepared when the compatibility of
proposed uses has not been adequately evaluated.
LICENSED CANNABIS RETAIL: Means a cannabis store as defined under the Liquor
Corporation Act, as amended from time to time.
LIGHT INDUSTRY: Use of any land or buildings for any general industrial use that can be
carried out without hazard or intrusion and without detriment to the amenity of the sur-
rounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare
or appearance.
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LIMITED MANUFACTURING USE: A small-scale manufacturing use which is entirely enclosed
within a building, and where the discharge of noise, radiation, odorous, toxic or noxious
matter, and similar impacts, across a lot line does not occur and the use would not be
classified as light industry. (29 August 2025)
LOCAL STREET: 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: A dwelling in which at least 2 rooms, but not more than four, are regularly
rented to persons other than the immediate family of the owner or tenant and the owner or
tenant resides at the dwelling while the rooms are being rented.
LOT: A plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building.
LOT AREA: The total horizontal area within the lines of the lot.
LOT COVERAGE: The combined area of all buildings on a lot, measured at the level of the
lowest floor above the established grade and expressed as a percentage of the total area of
the lot.
LOT DEPTH: The length of a straight line joining the middle of the front lot line with the
middle of the rear lot line.
LOT WIDTH: The distance between the side lot lines at a point midway between the front
and rear of the lot and approximately parallel to the street line.
MINERAL WORKING: Land or buildings used for the working, stockpiling or extraction of rock,
mineral, peat, aggregate or any naturally occurring substance and includes a quarry.
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MOBILE OR MINI HOME: A transportable factory-built single family dwelling unit:
(1)
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;
(2)
which is designed to be:
(a)
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;
(b)
connected to exterior public utilities approved by the Authority, namely, piped
water, piped sewer, electricity and telephone, in order for such mobile home
unit to be suitable for year round term occupancy.
MOBILE HOME OR MINI HOME PARK: A mobile or mini home development under single or
joint ownership, cared for and controlled by a mobile or mini home park operator where
individual lots are rented or leased with or without units placed on them and where
ownership and responsibility for the maintenance and development of site facilities
including underground services, access roads, communal areas, snow clearing and garbage
collection, or any of them, are the responsibility of the mobile or mini home park
management, and where the development is classified as a mobile or mini home park by the
Authority.
MOBILE OR MINI HOME SUBDIVISION: A mobile or mini 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 or mini home units under either freehold or
leasehold tenure and where the maintenance of streets and services is the responsibility of
SCHEDULE A: Definitions
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a municipality or public authority, and where the development is classified as a mobile or
mini home subdivision by the Authority.
MUNICIPAL SERVICE AREA: Those lands that are currently, or planned to be, served by the
City's municipal transportation, water and sewer services (sanitary and storm).
NON-CONFORMING USE: 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.
OFFICE: A room or rooms where business may be transacted, service performed or a
consultation given but shall not include the manufacturing of any product or the retail selling
of goods.
ORGANIC WASTE TREATMENT FACILITY: means a solid waste facility where biodegradable
waste is treated.
OUTDOOR MARKET: The sale of goods or products at an open property where temporary
facilities or open stalls are used to hold and display the goods being sold. Examples may
include farmer's markets, fish markets, flea markets or other types of goods.
OUTDOOR STORAGE: The storage of merchandise, goods, inventory, material or equipment
which are not intended for immediate sale or use, by locating them on a lot exterior to a
building.
OWNER: A person or an organization of persons owning or having the legal right to use the
land under consideration.
PARTY WALL: A wall, jointly owned and jointly used by two parties under easement
agreement or by right in law, and erected at or upon a line separating two parcels of land,
each of which is, or is capable of being, a separate real-estate entity.
PASSIVE RECREATIONAL USE: Recreational use not requiring buildings and not altering the
SCHEDULE A: Definitions
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soil or topography, with the exception of walking or hiking trails, such as open space and
environmental or natural areas.
PATIO: A recreation area that adjoins a dwelling which is often paved or covered with some
other hard surface such as brick or stone and is adapted for outdoor dining or other leisure
use.
PERMITTED USE: A use that is listed within the permitted use classes set out in the use
zone tables of the Authority's development regulations.
PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working.
PLANNING AREA: The Corner Brook Municipal Planning Area established under the Urban
and Rural Planning Act.
PORCH: A covered entrance to a dwelling or building, with enclosed walls, roof and a door,
and shall not be used as a habitable part of the building.
PRIVATE STREET: Any street, road or highway or any other way designed or intended for use
for the passage of vehicles and pedestrians, owned by the developer or Condominium
Corporation and maintained at private expense, and is accessible to Fire Department
vehicles and equipment and other service and emergency vehicles/equipment.
PROHIBITED USE: A use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that the Authority specifies as not permitted within a use
zone.
REAR YARD DEPTH: The distance between the rear lot line and the rear wall of the main
building on a lot.
RECREATIONAL OPEN SPACE: Land set aside for uses which are predominantly conducted
in the open or partially enclosed or screened facilities such as playing fields, parks,
playgrounds, driving ranges, golf courses, and sliding or water parks.
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RECREATIONAL VEHICLE LOT: Land and/or buildings, not exceeding 3 acres or 1.21
hectares, used for the sale, supply or storage of recreational vehicles, including, but not
limited to: all types of travel trailers and motor homes, all-terrain vehicles, boats and other
watersport vehicles, and snowmobiles, but does not include cars and light passenger trucks.
RESTAURANT: 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.
RIGHT-OF-WAY: The horizontal distance measured between the edges of a street, road or
highway street line reservation as defined by the Authority having jurisdiction and where
public or other service utilities are located, including sidewalks, street lighting and water and
sewer service infrastructure.
ROW DWELLING: Three or more dwelling units at ground level in one building, each unit
separated vertically from the others but is not considered to be an apartment building.
SCHEME: A scheme established in accordance with section 29 of the Urban and Rural
Planning Act.
SCREENING: Structures, trees, fence, shrubs or plants that obscure an area for public view
or from view of neighbouring properties.
SEASONAL RESIDENCE: A dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters and shall have
the same meaning as "cottage".
SERVICE STATION: Any land or building used exclusively for the sale of gasoline and any or
all of the following: petroleum products, automotive parts and accessories, minor repairs,
washing and polishing of motor vehicles.
SERVICE STREET: A street constructed parallel to or close to another street for the purpose
of limiting direct access to that street.
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SIGN: 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.
SHOP: A building or part thereof used for retail trade wherein the primary purpose is the
selling or offering for sale of goods, wares or merchandise by retail or the selling or offering
for sale of retail services but does not include an establishment wherein the primary
purpose is the serving of meals or refreshments, an amusement use, a general garage, or a
service station.
SHOPPING CENTRE: A group of shops and complementary uses, including such uses as
restaurants, offices, medical clinics, business and personal services and movie theatres,
which may or may not be contained under one roof, with integrated parking and which is
planned, developed and designed as a unit containing a minimum of 5 retail establishments
SIDEYARD: A yard extending from the front yard to the rear yard between the side boundary
of the lot and the wall of the main building thereon.
SIDE YARD WIDTH: The distance between the side lot line and the nearest side wall of a
building on the lot.
SIGN: A word, letter, model, placard, board, device or representation, whether illuminated or
not, whether two dimensional or three dimensional, 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.
SHOWROOM: 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 and from which retail sales may occur.
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SINGLE DWELLING: One building containing a single dwelling unit for the use of one family
or household, placed on its own lot, and may include a subsidiary apartment/secondary
suite.
SOLID WASTE: means a use where garbage and waste is collected, stored, and/or treated
permanently in open or covered pits or temporarily indoors or outdoors for further
processing or treatment off-site and may include administrative functions associated with
the use. Offices and indoor storage (warehouses) may be accessory uses."
STREET: A street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles.
STREET LINE: The edge of a street reservation as defined by the Authority having
jurisdiction.
SUBDIVISION: The dividing of land, whether in single or joint ownership, into two or more
pieces (including lots) for the purpose of development.
SUBSIDIARY APARTMENT/SECONDARY SUITE: A separate dwelling unit constructed within
and subsidiary to a self-contained dwelling and shall conform to the conditions of the
National Building Code of Canada.
SUITE: A single room or series of rooms of complementary use, operated under a single
tenancy, and including dwelling units, individual guest rooms in motels, hotels, boarding
houses, rooming houses and dormitories as well as individual stores and individual or
complementary rooms for business and personal services occupancies.
TAKE-OUT FOOD SERVICE: 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.
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TEMPORARY USE: A development or the use of land limited in scope, duration and
frequency and is allowed to operate on a short-term basis for a specified time period, not to
exceed one year, but may be extended upon approval by the Authority.
TEMPORARY USE PERMIT: A permit for certain uses, of a limited scope, duration and
frequency that are allowed to operate on a short-term basis. These temporary uses shall be
conducted so they do not have long-term impacts upon permitted uses, the character of the
area in which they are proposed to be located, and people living and working in the area.
The intent is to define these uses and identify standards and criteria for governing their
scope, duration and frequency.
THIRD PARTY ADVERTISEMENT / SIGN: - means any outdoor sign that advertises goods and
services that are not available upon the same property or premises where the sign is
located.
USE: A building or activity situated on a lot or a development permitted on a lot.
USE ZONE OR ZONE: 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.
VARIANCE: 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.
VEHICLE DEALERSHIP:
An authorized sales agency for the sale, supply and storage,
up to a maximum of 200 vehicles on-site, of cars and light passenger trucks and may
include, as an accessory use, the sale and supply of other motorized vehicles, to be included
in the total number of vehicles permitted on the lot, and may also include attached service
bay areas or garages for the servicing and repair of vehicles.
VEHICLE STORAGE LOT: Land, not exceeding 3 acres or 1.21 hectares, used exclusively for
the outside storage of vehicles but does not include any buildings and no business
(22 June 2017)
SCHEDULE A: Definitions
Page 98
operations are conducted at the site.
VERANDAH: A roofed open deck portico attached to the exterior, or forming an integral part
of the structure, of a dwelling or other building, but does not have enclosed walls or
windows.
YARD: An open space on the same site as a building and which is unoccupied and
unobstructed from the ground upward.
ZONING MAP: The map or maps attached to and forming a part of the Authority's
regulations.
SCHEDULE B: Classification of Uses of Land and Buildings
SCHEDULE B:
CLASSIFICATION OF USES
OF LAND AND BUILDINGS
NOTE: The classification of uses set out in the following table is based on Table 3.1.2.1 -
Major Occupancy Classification & A-3.1.2.1. (1) Major Occupancy Classification of the
National Building Code of Canada 2010. This classification is referred to in Regulation 125.
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY USES
1. Assembly Uses
intended for the
production and viewing
of the performing arts.
(a) Theatre
- Motion picture
theatres
- T.V. Studios
(admitting an
audience)
- Live Theatres
2. General Assembly
Uses
(a) Cultural and Civic
- Libraries
- Museums
- Art Galleries
- Court Rooms
- Meeting Rooms
- Council Chambers
(b) General Assembly
- Community Halls
- Lodge Halls
- Dance Halls
- Gymnasia
- Auditoria
- Bowling Alleys
(c) Educational
- Schools
- Colleges (non-
residential)
- University
(d) Place of Worship
- Churches and similar
places of worship.
- Church Halls
(e) Passenger Assembly
- Passenger Terminals
SCHEDULE B: Classification of Uses of Land and Buildings
GROUP
DIVISION
CLASS
EXAMPLES
- Bus terminal (16 plus
passengers)
(f) Club and Lodge
- Private Clubs and
- Lodges (non-
residential)
(g) Catering
- Restaurants
- Bars
- Lounges
(h) Funeral Home
- Funeral Homes and
Chapels
- Crematoria
(i) Child Care
- Day Care Centres
- Child nurseries
(j) Amusement
- Electronic Games
- Arcades
- Poolrooms
3. Arena-type Uses
(a) Indoor Assembly
- Arenas
- Armouries
- Ice Rinks
- Indoor Swimming
- Pools
4. Open-air Assembly
Uses
(a) Outdoor Assembly
- Bleachers
- Grandstands
- Outdoor Ice Rinks
and Swimming Pools
- Amusement Parks
- and Fair-grounds
- Exhibition Grounds
- Drive-in Theatres
- Campgrounds
- RV Parks
- Farmers' markets
(outdoor)
B. INSTITUTI-IONAL
USES
1. Penal and
Correctional
Institutional Uses
(a) Penal and
Correctional
Detention
- Jails
- Penitentiaries
- Police Stations (with
detention quarters)
- Prisons
- Psychiatric
- Hospitals (with
detention quarters)
- Reformatories
2. Special Care
Institutional Uses
(a) Medical Treatment
and Special Care
- Children's Homes
- Convalescent Homes
- Homes for Aged
- Hospitals
- Infirmaries
SCHEDULE B: Classification of Uses of Land and Buildings
GROUP
DIVISION
CLASS
EXAMPLES
- Orphanages
- Psychiatric Hospitals
- Sanatoria
- Medical Treatment
Centres
C. RESIDENTIAL USES
1. Residential Dwelling
Uses
(a) Single Dwelling
- Single Detached
- Dwellings
- Family and Group
Homes
(b) Double Dwelling
- Semi-detached
Dwelling
- Duplex Dwellings
- Family & Group
Homes
(c) Row Dwelling
- Row Houses
- Town Houses
- Family & Group
Homes
(d) Apartment Building
- Apartments
- Family & Group
Homes
2. General Residential
Uses
(a) Collective
Residential
- Residential Colleges
and Schools
- University and
College
- Halls of Residence
- Convents and
Monasteries
- Nurses and Hospital
Residences
(b) Boarding House
Residential
- Boarding Houses
- Lodging Houses
- Bed and Breakfast
(c) Commercial
Residential
- Hotels and Motels
- Hostels
- Residential Clubs
(d) Seasonal
Residential
- Summer Homes and
Cabins
- Hunting and Fishing
Cabins
(e) Mobile Home
- Mobile Homes
- Mini Homes
D. BUSINESS AND
PERSONAL SERVICE
USES
1. Business,
Professional and
Personal Service
Uses
(a) Office
- Offices, including
Government Offices
- Banks
SCHEDULE B: Classification of Uses of Land and Buildings
GROUP
DIVISION
CLASS
EXAMPLES
(b) Medical and
Professional
- Medical Offices and
Consulting Rooms
- Dental Offices and
Surgeries
- Legal Offices
- Similar Professional
Offices
(c) Personal Service
- Barbers
- Hairdressers
- Beauty Parlours
- Small Appliance
- Repairs
- Pet groomers
- Family Child Care (6
children or less)
(d) General Service
- Self-service
Laundries
- Dry-Cleaners (not
using flammable or
explosive
substances)
- Small Tool and
Appliance Rentals
- Travel Agents
- Car Washes
(automated or self
serve but no gasoline
sales)
- Recycling Collection
Depots (no
processing)
- Animal crematoria
1. Business,
Professional &
Personal Service
Uses (continued)
(e) Communications
- Radio Stations
- Telephone Exchanges
(f) Police Station
- Police Stations
(without detention
quarters)
(g) Taxi Stand
- Taxi Stands
- Bus Stands (up to 15
passengers)
(h) Take-out Food
Service
- Take-out Food
Service
(i) Veterinary
- Veterinary Surgeries
E. MERCANTILE USES
1. Retail Sale and
Display Uses
(a) Shopping Centre
- Shopping Centres
(b) Shop
- Retail Shops and
Stores
SCHEDULE B: Classification of Uses of Land and Buildings
GROUP
DIVISION
CLASS
EXAMPLES
- Showrooms
- Department Stores
(c) Indoor Market
- Market Halls
- Auction Halls
(d) Outdoor Market
- Market Grounds
- Auction Grounds
- Animal Markets
- Produce and Fruit
Stands
- Fish Markets
- Market Shops
(e) Convenience Store
- Confectionary Stores
- Corner Stores
- Gift Shops
- Specialty Shops
F. INDUSTRIAL USES
1. Industrial uses
involving highly
combustible and
hazardous
substances and
processes.
(a) Hazardous Industry
- Bulk Storage of
hazardous liquids
and substances
- Chemical Plants
- Distilleries
- Feed Mills
- Lacquer, Mattress,
Paint, Varnish, and
Rubber Factories
Manufacturing or
Production of
Hazardous Liquids or
Substances
- Spray Painting
2. General Industrial
Uses involving
Limited Hazardous
Substances and
Processes.
(a) General Industry
- Factories
- Cold Storage Plants
- Freight Depots
- General Garages
- Warehouses
- Workshops
- Laboratories
- Laundries
- Planing Mills
- Printing Plants
- Contractors' Yards
- Recycling Processing
Facilities
- Vehicle Dealerships
(b) Service Station
- Gasoline Service
Stations
- Gas Bars
(may include accessory
car washes)
SCHEDULE B: Classification of Uses of Land and Buildings
GROUP
DIVISION
CLASS
EXAMPLES
- -Service Station
3. Light, Non-hazardous
or Non-intrusive
Industrial Uses.
(a) Light Industry
- Light Industry
- Parking Garages
- Indoor Storage
- Warehouses
- Workshops
- Storage Using Bulk
Containers or Trailers
- Recreational Vehicles
Lots
- Vehicle Storage Lots
G. NON BUILDING USES
1. Uses not directly
related to building
(a) Agriculture
- Commercial Farms
- Hobby Farms
- Market Gardens &
Nurseries
- Livestock Production
(b) Forestry
- Tree Nurseries
- Silviculture
(c) Mineral Working
- Quarries
- Pits
- Mines
- Oil Wells
(d) Recreational Open
Space
- Playing Fields
- Sports Grounds
- Parks
- Playgrounds
- Community Gardens
- Walking/Hiking trails
(e) Conservation
- Watersheds
(domestic water
supply and other)
- Buffer Strips
- Flood Plains
- Archaeological,
- Architectural,
Historical and Scenic
Sites
- Steep Slopes
- Wildlife
- Sanctuaries
(f) Cemetery
- Cemeteries
- Graveyards (including
mausoleums and
columbaria)
- Crematoriums (when
in conjunction with a
SCHEDULE B: Classification of Uses of Land and Buildings
GROUP
DIVISION
CLASS
EXAMPLES
mausoleum)
- Animal Cemeteries
(including crypts)
(g) Scrap Yard
- Car Wrecking Yards
- Junk Yards
- Scrap Dealers
- Recycling Facilities or
Plants
1. Uses not directly
related to building
(continued)
(h) Solid Waste
- Solid Waste Disposal
- Sanitary Land Fill
- Incinerators
- Organic Waste
Treatment Facility
(i) Animal
- Animal Pounds
- Kennels
- Zoos
- Animal Breeders
(other than domestic
dogs or cats)
(j) Antenna
- TV, Radio and
Communications
Transmitting and
Receiving Masts and
Antennae
(k) Transportation
- Airfields
- Railway Yards
- Docks and Harbours
- Bus Terminals
(l) Motorized Recreation
- ATV/Snowmobile
Trail
SCHEDULE C: Use Zone Tables
Page 106
SCHEDULE C: USE ZONE
TABLES
NOTE:
This schedule contains tables showing the use classes which may be permitted or which
may be treated as discretionary use classes for the purpose of these Regulations. The
tables also indicate the required standards of development and may also include conditions
affecting some or all of the use classes.
The schedule contains tables for the following Use Zones:
Zone Title
Zone Symbol
Residential Special Density
RSD
Residential Low Density
RLD
Residential Medium Density
RMD
Residential High Density
RHD
Mobile/Mini Home Residential
MHR
Mosaic Residential
MR
Comprehensive Residential Development Area
CRDA
Townsite Residential
TR
Townsite Commercial
TC
Downtown Residential
DTR
Downtown Commercial
DTC
Downtown Smithville
DTS
General Commercial
GC
Residential/Commercial Mix
RCM
SCHEDULE C: Use Zone Tables
Page 107
Highway and Tourist Commercial
HTC
Shopping Centre
SC
Large Scale Commercial
LSC
Waterfront Mixed Use
WMU
General Industrial
GI
Light Industrial
LI
Hazardous Industrial
HI
Community Service
CS
Innovation District
ID
Open Space
OS
Cemetery
C
Environmental Protection
EP
Environmental Conservation
EC
Protected Water Supply Area
PWSA
Rural
R
Solid Waste/Scrap Yard
SW/SY
Mineral Working
MW
Special Management Area
SMA
The maps bearing the titles City of Corner Brook Integrated Municipal Sustainability Plan
2012 - Maps A through F and signed by the Mayor and the Clerk under the seal of the City,
shall be an integral part of these Regulations.
In all Use Zone Tables, unless otherwise stated, those sections of the tables titled
"PERMITTED
USES CLASSES",
refer
to
requirements
of
Regulation
127,
and
"DISCRETIONARY USE CLASSES", refer to requirements of Regulations 26 and 128.
SCHEDULE C: Use Zone Tables
Page 108
USE ZONE TABLE
130.
RESIDENTIAL SPECIAL DENSITY
PERMITTED USE CLASSES - (see Regulation 127)
Single dwelling, recreational open space*.
*(See condition no. 8)
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Double dwelling, antenna, child care, garden suite, home based occupation*, boarding
house**.
*(See condition no. 2), **(See condition no. 9)
STANDARDS
WHERE PERMITTED
Single
Dwelling
Double
Dwelling
Lot area (m2) minimum
836
578*
Floor area (m2) minimum
110
110*
Frontage (m) minimum
21
27
Building Line Setback (m)
(min)
min: 8
min: 8
Side yard Width (m)
(minimum)
1.2
3
3
3
Rear yard Depth (m)
(minimum)
12
12
Lot Coverage (%)
Maximum
33
33
Height (m)
8
8
*Per dwelling unit.(See Conditions)
(31 Jan 2014)
SCHEDULE C: Use Zone Tables
Page 109
CONDITIONS FOR RESIDENTIAL SPECIAL DENSITY ZONE
1.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation
62, Accessory Residential Buildings, in Part II of these Development Regulations.
2.
Home Occupation/Home Office
Home based occupations include the following: home office, personal service,
medical and professional service, family child care. A home based occupation or
home office may be permitted at the discretion of Council, subject to the following
conditions:
(a)
The use is clearly a subsidiary use to the single dwelling, double dwelling use
classes and does not detract from the residential character of the
neighbourhood.
(b)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the permitted use and that no repairs to vehicles
or heavy equipment are carried out.
(c)
The use does not alter the residential appearance or require external
modification of the dwelling unit.
(d)
Activities associated with the use shall be carried out inside the dwelling unit
or inside a building separate from the dwelling unit but on the same lot.
(e)
Not more than twenty-five percent of the floor area of the dwelling unit up to a
maximum of forty-five square metres is devoted to the use. The dwelling unit
must continue to meet the dwelling unit minimum floor area requirements.
(f)
The use is operated by a resident of the dwelling unit and does not employ
more than one person in addition to the resident on site.
SCHEDULE C: Use Zone Tables
Page 110
(g)
Office uses shall be limited to small business services and professional
offices.
(h)
Personal Service uses for the purpose of this condition shall include small
scale production of baked goods, handmade articles such as clothing and arts
and crafts and small business services.
(i)
There is no outside storage of goods or materials on the lot.
(j)
The use shall not generate traffic, sewerage or water use in excess of what is
normal in the residential area and can be accommodated by the existing
municipal road, water and sewer services.
(k)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust or fumes, nor cause electrical interference or in
any other way result in a nuisance to the occupants of surrounding
residences.
(l)
One building only, separate from the dwelling unit, may be used in connection
with a Personal Service use and shall conform to the Accessory Building
condition for this use zone.
(m)
No sign will be permitted other than a name plate not exceeding .2 sq. metres
in area which is attached to the principal building. No illumination of the sign
will be permitted.
(n)
The Authority may require fencing, screening or separation to protect the
amenity of adjacent uses.
(o)
Parking requirements are as set out in Schedule D, however a minimum of
one space is required for a home occupation. The minimum required parking
for the dwelling unit must continue to be met.
(p)
No change in type, class or extent of the use shall be permitted except in
SCHEDULE C: Use Zone Tables
Page 111
accordance with a development permit issued by the Authority.
(q)
Family child care occupations shall be limited to a maximum of six children
and shall conform to the guidelines and standards as set out by the province
of Newfoundland and Labrador's Health and Community Services
Department.
(r)
A maximum of fifty percent (50%) of the total floor area may be utilized for
family child care.
3.
Building Line Setback
The Authority reserves the right to decrease the building line setback requirement for
single dwelling and double dwelling to 7.5 metres where, in the opinion of the
Authority, the reduced setback will not have a negative impact on surrounding
development, taking into account the existing street line, street -right of way width
and other factors that may be relevant.
4.
Rear Yard
The Authority reserves the right to reduce the rear yard requirement for single
dwelling and double dwellings to 11 metres, where, in the opinion of the Authority,
the reduction to the rear yard area will result not in a negative impact on the
adjoining properties. An extension into the rear yard may be permitted provided that
the extension comprises no more than 33% percent of the length of the main rear
wall of the dwelling and protrudes no more than 2 metres into the rear yard. The
remainder of the rear yard must be maintained at the required standard.
5.
Corner Lots
The building line on the side lot line of a corner lot may be 6.4 m when the Authority
is satisfied that public safety and amenity are maintained.
SCHEDULE C: Use Zone Tables
Page 112
6.
Porches and Verandahs in Front of Building Line of Dwelling Unit
(a)
A porch, with a maximum floor area of 3 square metres, may be permitted to
project a maximum of 1.2 metres into the front setback area or 1.2 metres in
front of the established building line setback, whichever is in effect for the
property, provided the area will not be utilized as a habitable part of a
dwelling.
(b)
A porch must be enclosed with walls and a roof.
(c)
A verandah may be permitted to project a maximum of 1.2 metres into the
front setback area or 1.2 metres in front of the established building line
setback, whichever is in effect for the property.
(d)
A verandah may not be enclosed with walls and/or windows; however, a mesh
screen
material may be attached to the exterior sides of the verandah.
(e)
No part of the verandah may be used as a habitable room.
(f)
A verandah may extend across the entire front facade of the main dwelling,
subject to the conditions listed.
(g)
A combination of porch and verandah may be permitted, subject to (a) and (c)
above, provided that the area of the porch section of the structure does not
exceed a maximum of 3 square metres.
(h)
The closest point of any part of a porch or verandah shall be a minimum of 5
metres from the front property boundary.
7.
Deck in Front of Building Line of Single or Double Dwelling
A deck may be permitted to project in front of the building line of a single or double
dwelling subject to the following conditions:
SCHEDULE C: Use Zone Tables
Page 113
(a)
A deck shall be no closer than 4 metres to the street line and the maximum
distance a deck may project in front of the building line shall be 3.6 metres.
(b)
The maximum floor height of a deck shall be equal to the level of the main
floor of the dwelling or such lower level as the Authority may consider
appropriate.
(c)
The maximum height of any part of the deck shall be 1.2 metres above the
deck's floor level, with the exception of part of the structure necessary to
support a second storey deck, above the main floor deck.
(d)
The maximum width of a deck shall be 3.6 metres.
(e)
The Authority may require the area beneath the floor of the deck to be
enclosed in order to maintain a neat and tidy appearance.
(f)
A deck shall not be used for storage purposes.
(g)
The Authority may require all decks permitted under this condition, or all
decks on a particular street or in a neighbourhood to be constructed with
specified materials and be of a specific colour or finish in order to maintain
amenity.
(h)
The closest point of any deck shall be a minimum of 1.2 metres from the side
property boundary, with the exception of a deck that is necessary to provide
access to a door exiting into the side yard..
8.
Recreational Open Space
Uses in this classification in this Use Zone are limited to parks and playgrounds.
9.
Boarding House
Uses in this classification are limited to the Bed and Breakfast example of boarding
SCHEDULE C: Use Zone Tables
Page 114
house, and are subject to the following conditions:
(a)
Each Bed and Breakfast shall comply with the National Building Code of
Canada, the National Fire Code of Canada, the National Plumbing Code of
Canada and the Life Safety Code as adopted by the Authority.
(b)
One parking space shall be required for each Bed and Breakfast guest
room/suite. The minimum required parking for the dwelling use must
continue to be met.
10.
Garden Suites
A garden suite may be permitted as a discretionary residential use subject to the
following conditions:
(a)
A garden suite shall only be permitted on a residential single dwelling lot
having a minimum lot area of 1500 square metres.
(b)
Garden suites are not permitted on double dwelling lots.
(c)
A garden suite must be subsidiary in size to the primary single family dwelling
on the lot.
(d)
Only one (1) garden suite shall be permitted per lot.
(e)
A garden suite may not contain a subsidiary apartment unit.
(f)
A garden suite shall not project beyond the building line of the main single
family dwelling nor the building line of the immediate adjacent properties.
(i)
Notwithstanding (f) above, where the main dwelling is located at a
greater and sufficient distance from the minimum building line setback, a
garden suite may be permitted to be located in front of the main building on
the lot, provided that it does not project into the minimum building line
SCHEDULE C: Use Zone Tables
Page 115
setback area and is in keeping with the building line of the surrounding
residential properties. The garden suite may also be required to be screened if
necessary, to the satisfaction of the Authority, to reduce any visual impact to
the neighbouring properties.
(g)
A garden suite shall have a minimum separation distance of 4.2 metres
between it and the single family dwelling.
(h)
A garden suite shall have a minimum rear yard setback of 8 metres.
(i)
A garden suite may not be subdivided from the original lot unless it is to be
subdivided from the original lot in order to change the use to a single dwelling
unit and meet all development standards and requirements for a single
dwelling unit and lot of the zone, including minimum floor area, minimum lot
area, side yard, setback and rear yard standards, parking, access and
independent municipal services, connected to the main municipal service
infrastructure.
(j)
A garden suite must have a separate water and sewer service, which may be
provided from the main dwelling unit on the lot. If the garden suite is capable
of being subdivided from the original lot and single dwelling, in accordance
with 11(g), new water and sewer lines must be installed and connected to the
main municipal service infrastructure.
(k)
All applicable Building, Fire, and Life Safety Codes must be adhered to for
garden suites when constructed plus all other codes or bylaws in effect by the
Authority.
(l)
A garden suite may not contain a basement.
(i)
Notwithstanding (l) above, a garden suite may be developed as part of
an accessory building use on the lot such as a garage or shed, and the garden
suite may be constructed above or directly adjacent to the accessory building
(31 Jan 2014)
SCHEDULE C: Use Zone Tables
Page 116
use. Such accessory building use attached to the garden suite will not be
construed as a basement area of the garden suite but as a separate use or
building; however, the structure would be required to meet all Building, Fire
and Life Safety Codes for construction of the building to ensure the safety of
the building occupants.
(ii)
Notwithstanding 10.(v), the total floor area of a garden suite attached
to an accessory building shall be calculated as the total of the habitable floor
area, or living space, of the garden suite. The floor area of the accessory
building portion of the development will be calculated separately as part of
the total accessory residential building allowance permitted on the lot.
(m)
A garden suite may contain a maximum of two bedrooms.
(n)
A garden suite must be accessible to fire department and other emergency
vehicles at all times.
(o)
A garden suite may not be used as a commercial residential property for rent
or lease by the owner of the main dwelling unit on the lot to persons other
than a family member or guest of the owner of the main dwelling unit.
(p)
A garden suite shall be owned by the owner of the primary dwelling and shall
not be sold as a condominium unit.
(q)
A garden suite must remain as part of the real property of the main dwelling,
unless legally subdivided from the original lot in accordance with the
applicable requirements for subdivision of the property, after which it will
become a separate single dwelling on its own lot.
(r)
A garden suite may be constructed on site or be transported as a modular unit
to the lot, but may not include a mobile or mini-home.
(31 Jan 2014)
SCHEDULE C: Use Zone Tables
Page 117
(s)
The minimum side yard, front setback, and rear yard development standards
as the main dwelling unit on the lot must also be maintained for a garden
suite.
(t)
In addition to that required for the primary dwelling, a minimum of one (1)
additional parking space shall be provided for the garden suite.
(u)
Electrical service to the garden suite shall be located underground, whenever
possible to avoid additional overhead wires or poles within a residential lot
and to improve the aesthetics of the development.
(v)
A garden suite shall have a maximum total floor area of 70 square metres.
(i)
Notwithstanding (v) above, on residential lots measuring 4045 square
metres (approximately one acre) in area, or greater, the maximum size of a
garden suite may be increased to 110 square metres.
(w)
The combined total lot coverage of all accessory buildings on the lot, including
the garden suite, shall not exceed 7%.
(x)
The finished structure of a garden suite must be undifferentiated from on-site
and adjacent existing structures in terms of quality of construction and the
appearance of permanence in addition to meeting the National Building Code
of Canada and other applicable guidelines and codes deemed appropriate by
the Authority.
(y)
A garden suite should relate to the primary single dwelling on the lot in terms
of materials, roof form, and general architectural style. The intent, however, is
not to create a "miniature version" of the primary dwelling.
(z)
A garden suite must be assigned an individual address to ensure
identification and location in the event of an emergency and such address
(31 Jan 2014)
SCHEDULE C: Use Zone Tables
Page 118
must be clearly indicated and visible from the street frontage. This
identification may include a sign, maximum size .2 square metres, within the
front setback area of the lot, indicating the presence of the garden suite at
the rear of the main dwelling unit.
(aa)
On a corner lot, a garden suite shall be set back equal to the front setback
and flanking side yard standards of the primary single dwelling.
11.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
SCHEDULE C: Use Zone Tables
Page 119
USE ZONE TABLE
131.
RESIDENTIAL LOW DENSITY
PERMITTED USE CLASSES - (see Regulation 127)
Single dwelling, recreational open space*
*(See condition no. 9)
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Double dwelling, row dwelling, apartment building, antenna, child care, home based
occupation*, boarding house**.
*(See condition no. 3), **(See condition no. 10)
STANDARDS
WHERE PERMITTED
Single
Dwelling
Double
Dwelling
Row
Dwelling
APARTMENT BUILDING**
1-Bed
Apt.
2-Bed
Apt.
3-Bed
Apt.
4-Bed
Apt.
Lot area (m2)
Minimum (mi)
mi: 650
mi: 450
*
340
*Average
mi: 240
*
mi: 320
*
mi: 360
*
mi: 400
*
Floor area (m2)
Minimum
110
110 *
100 *
50 *
60 *
70 *
80 *
Frontage (m) minimum
20
25
10*
Apt. Bldg. - 5 Units
or more
Apt. Bldg. - 4 Units
or less
30
26
Building Line
Setback (m)
(min)
mi: 8
min: 8
min: 9
9-one storey
10-two storey
9-one storey
10-two storey
Side yard Width (m)
(minimum)
1.2
3
3
3
3
3
5
4
Rear yard depth (m)
(minimum)
12
12
12
15
14
Lot coverage (%)
Maximum
33
33
33
33
33
Height (m) Maximum
8
8
8
10
8
*Per dwelling unit.(See Conditions)
**No greater than four bedrooms shall be permitted in an apartment unit.
(31 Jan 2014)
SCHEDULE C: Use Zone Tables
Page 120
CONDITIONS FOR RESIDENTIAL LOW DENSITY ZONE
1.
Residential Density
In each Residential Low Density Zone there shall be not more than 33% apartment
units, row housing units or a combination of apartment and row housing units, the
remainder being either single or double dwellings or a combination of single and
double dwellings.
2.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation
62, Accessory Residential Buildings, in Part II of these Development Regulations.
3.
Home Occupations/Home Office
Home based occupations include the following: home office, personal service,
medical and professional service, family child care. A home based occupation or
home office may be permitted at the discretion of council, subject to the following
conditions:
(a)
The use is clearly a subsidiary use to the single dwelling, double dwelling, row
dwelling use classes and does not detract from the residential character of the
neighbourhood.
(b)
No wholesale sales or storage of goods is carried out, any retail sales are incidental
and subsidiary to the permitted use and that no repairs to vehicles or heavy
equipment are carried out.
(c)
The use does not alter the residential appearance or require external modification of
the dwelling unit.
(d)
Activities associated with the use shall be carried out inside the dwelling unit or
inside a building separate from the dwelling unit but on the same lot.
SCHEDULE C: Use Zone Tables
Page 121
(e)
Not more than twenty-five percent of the floor area of the dwelling unit up to a
maximum of forty-five square metres is devoted to the use. The dwelling unit must
continue to meet the dwelling unit minimum floor area requirements.
(f)
The use is operated by a resident of the dwelling unit and does not employ more than
one person in addition to the resident on site.
(g)
Office uses shall be limited to small business services and professional offices.
(h)
Personal Service uses for the purpose of this condition shall include small scale
production of baked goods, handmade articles such as clothing and arts and crafts
and small business services.
(i)
There is no outside storage of goods or materials on the lot.
(j)
The use shall not generate traffic, sewerage or water use in excess of what is normal
in the residential area and can be accommodated by the existing municipal road,
water and sewer services.
(k)
Activities associated with the use are not hazardous and do not cause noticeable
noise, odour, dust or fumes, nor cause electrical interference or in any other way
result in a nuisance to the occupants of surrounding residences.
(l)
One building only, separate from the dwelling unit, may be used in connection with a
Personal Service use and shall conform to the Accessory Building condition for this
use zone.
(m)
No sign will be permitted other than a name plate not exceeding 0.22 m in area which
is attached to the principal building. No illumination of the sign will be permitted.
(n)
The Authority which may require fencing, screening or separation to protect the
amenity of adjacent uses.
(o)
Parking requirements are as set out in Schedule D, however a minimum of one space
is required for a home occupation. The minimum required parking for the dwelling
unit must continue to be met.
SCHEDULE C: Use Zone Tables
Page 122
(p)
No change in type, class or extent of the use shall be permitted except in accordance
with a development permit issued by the Authority.
(q)
Family child care occupations shall be limited to a maximum of six children and shall
conform to the guidelines and standards as set out by the province of Newfoundland
and Labrador's Health and Community Services Department.
(r)
A maximum of fifty percent (50%) of the total floor area may be utilized for family
child care.
4.
Building Line Setback
The Authority reserves the right to decrease the building line setback requirement for
single dwelling and double dwelling to 7 metres where, in the opinion of the Authority,
the reduced setback will not have a negative impact on surrounding development,
taking into account the existing street line, street -right of way width and other factors
that may be relevant.
5.
Rear Yard
The Authority reserves the right to reduce the rear yard requirement for single
dwelling and double dwelling to 11 metres, where, in the opinion of the Authority, the
reduction to the rear yard area will not result in a negative impact on the adjoining
properties.
At the discretion of the Authority:
(a)
The rear yard depth may be measured from the closest point of that portion of
the rear wall of the main building which forms a minimum of 66% of the
length of the elevation of the rear wall.
(b)
An extension from the rear wall of the main building on the lot comprising no
greater than 34% of the length of the rear wall elevation and extending no
greater than 2 metres into the rear yard area may be permitted.
SCHEDULE C: Use Zone Tables
Page 123
(c)
The rear yard distance for apartment buildings shall be measured from the
closest point of the rear wall of the main building which forms a minimum of
85% of the rear wall.
6.
Corner Lots
The building line on the side lot line of a corner lot may be 6 metres when the
Authority is satisfied that public safety and amenity are maintained.
7.
Porches and Verandahs in Front of Building Line of Dwelling Unit
(a)
A porch, with a maximum floor area of 3 square metres, may be permitted to
project a maximum of 1.2 metres into the front setback area or 1.2 metres in
front of the established building line setback, whichever is in effect for the
property, provided the area will not be utilized as a habitable part of a
dwelling.
(b)
A porch must be enclosed with walls and a roof.
(c)
A verandah may be permitted to project a maximum of 1.2 metres into the
front setback area or 1.2 metres in front of the established building line
setback, whichever is in effect for the property.
(d)
A verandah may not be enclosed with walls and/or windows; however, a mesh
screen material may be attached to the exterior sides of the verandah.
(e)
No part of the verandah may be used as a habitable room.
(f)
A verandah may extend across the entire front facade of the main dwelling,
subject to the conditions listed.
(g)
A combination of porch and verandah may be permitted, subject to (a) and (c)
above, provided that the area of the porch section of the structure does not
exceed a maximum of 3 square metres.
SCHEDULE C: Use Zone Tables
Page 124
(h)
The closest point of any part of a porch or verandah shall be a minimum of 5
metres from the front property boundary.
8.
Deck in Front of Building Line of Single or Double Dwelling
A deck may be permitted to project in front of the building line of a single or double
dwelling subject to the following conditions:
(a)
A deck shall be no closer than 4 metres to the street line and the maximum
distance a deck may project in front of the building line shall be 3.6 metres.
(b)
The maximum floor height of a deck shall be equal to the level of the main
floor of the dwelling or such lower level as the Authority may consider
appropriate.
(c)
The maximum height of any part of the deck shall be 1.2 metres above the
deck's floor level, with the exception of part of the structure necessary to
support a second storey deck, above the main floor deck.
(d)
The maximum width of a deck shall be 3.6 metres.
(e)
The Authority may require the area beneath the floor of the deck to be
enclosed in order to maintain a neat and tidy appearance.
(f)
A deck shall not be used for storage purposes.
(g)
The Authority may require all decks permitted under this condition, or all
decks on a particular street or in a neighbourhood to be constructed with
specified materials and be of a specific colour or finish in order to maintain
amenity.
(h)
The closest point of any deck shall be a minimum of 1.2 metres from the side
property boundary, with the exception of a deck that is necessary to provide
access to a door exiting into the side yard.
SCHEDULE C: Use Zone Tables
Page 125
9.
Recreational Open Space
Uses in this classification are limited to parks and playgrounds.
10.
Boarding House
Uses in this classification are limited to the Bed and Breakfast example of boarding
house, and are subject to the following conditions:
(a)
Each Bed and Breakfast shall comply with the National Building Code of
Canada, the National Fire Code of Canada, the National Plumbing Code of
Canada and the Life Safety Code as adopted by the Authority.
(b)
One parking space shall be required for each Bed and Breakfast guest
room/suite. The minimum required parking for the dwelling use must
continue to be met.
11.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
SCHEDULE C: Use Zone Tables
Page 126
USE ZONE TABLE
132.
RESIDENTIAL MEDIUM DENSITY
PERMITTED USE CLASSES - (see Regulation 127)
Single dwelling, double dwelling, recreational open space.
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Row dwelling, apartment building, place of worship, educational, convenience store,
antenna, child care, boarding house residential, home based occupation*.
*(See condition no. 6)
STANDARDS
WHERE PERMITTED
Single
Dwelling
Double
Dwelling
Row
Dwelling
APARTMENT BUILDING**
1-Bed
Apt.
2-Bed
Apt.
3-Bed
Apt.
4-Bed
Apt.
Lot area (m2)
Minimum (mi)
mi:
450
mi:
335 *
240
*
Aver-
age
mi:
160*
mi:
200*
mi:
225*
mi:
240*
Floor area (m2)
Minimum
80
80
*
65
*
40
*
50
*
60
*
70
*
Frontage (m)
Minimum (mi)
mi: 15
mi: 22
mi: 10*
Apt. Bldg. - 5 Units or
more
Apt. Bldg. - 4 Units or
less
25
23
Building Line
Setback (m) (min)
mi: 7
mi: 7
mi: 8
8-one storey
10-two storey
8-one storey
9-two storey
Side yard Width
(m)
(minimum)
1.2
3
3
3
3
3
5
4
Rear yard depth
(m) (minimum)
8
8
10
14
12
Lot coverage (%)
Maximum
33
33
33
33
33
Height (m)
Maximum
8
8
10
10
8
*Per Dwelling Unit(See Conditions)
**No greater than four bedrooms shall be permitted in an apartment unit.
(31 Jan 2014)
SCHEDULE C: Use Zone Tables
Page 127
CONDITIONS FOR RESIDENTIAL MEDIUM DENSITY ZONE
1.
Residential Density
In each Residential Medium Density Zone there shall be not more than 50 per cent
apartment units, row housing units or a combination of apartment and row housing
units, the remainder being either single or double dwellings or a combination of
single and double dwellings.
2.
Discretionary Uses - Site Standards
Where permitted, a place of worship an educational use, a child care use and
boarding house residential use shall conform to the frontage, building line setback,
sideyard, rear yard, lot coverage and height requirements specified for a single dwell-
ing.
3.
Educational Uses
The only educational uses that may be permitted on a discretionary basis are
elementary and junior high schools.
4.
Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following
conditions:
(a)
The store shall form part of, or be attached to a single dwelling.
(b)
The retail use shall be subsidiary to the residential character of the area, and
shall not detract from residential amenities of adjoining properties.
(c)
Advertisement of the use shall not exceed three (3) square metres in area.
(d)
A minimum of 2 off street parking spaces is required for the use of customers
or as is set out in Schedule D, whichever is the greater. This requirement is in
SCHEDULE C: Use Zone Tables
Page 128
addition to the parking requirements for the dwelling.
(e)
A maximum of 25 percent of the habitable floor area of the dwelling up to a
maximum floor area of 45 sq. metres may be used as a convenience store.
The minimum required floor area of the dwelling must continue to be met.
5.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation
62, Accessory Residential Buildings, in Part II of these Development
Regulations.
6.
Home Occupation/Home Office
Home based occupations include the following: home office, personal service,
medical and professional service, family child care. A home based occupation or
home office may be permitted at the discretion of council, subject to the following
conditions:
(a)
The use is clearly a subsidiary use to the single dwelling, double dwelling, row
dwelling use classes and does not detract from the residential character of
the neighbourhood.
b)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the permitted use and that no repairs to vehicles
or heavy equipment are carried out.
(c)
The use does not alter the residential appearance or require external
modification of the dwelling unit.
(d)
Activities associated with the use shall be carried out inside the dwelling unit
or inside a building separate from the dwelling unit but on the same lot.
(e)
Not more than twenty-five percent of the floor area of the dwelling unit up to a
SCHEDULE C: Use Zone Tables
Page 129
maximum of forty-five square metres is devoted to the use. The dwelling unit
must continue to meet the dwelling unit minimum floor area requirements.
(f)
The use is operated by a resident of the dwelling unit and does not employ
more than one person in addition to the resident on site.
(g)
Office uses shall be limited to small business services and professional
offices.
(h)
Personal Service uses for the purpose of this condition shall include small
scale production of baked goods, handmade articles such as clothing and arts
and crafts and small business services.
(i)
There is no outside storage of goods or materials on the lot.
(j)
The use shall not generate traffic, sewerage or water use in excess of what is
normal in the residential area and can be accommodated by the existing
municipal road, water and sewer services.
(k)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust or fumes, nor cause electrical interference or in
any other way result in a nuisance to the occupants of surrounding
residences.
(l)
One building only, separate from the dwelling unit, may be used in connection
with a Personal Service use and shall conform to the Accessory Building
condition for this use zone.
(m)
No sign will be permitted other than a name plate not exceeding 0.22 m in
area which is attached to the principal building. No illumination of the sign
will be permitted.
(n)
The Authority which may require fencing, screening or separation to protect
the amenity of adjacent uses.
SCHEDULE C: Use Zone Tables
Page 130
(o)
Parking requirements are as set out in Schedule D, however a minimum of
one space is required for a home occupation. The minimum required parking
for the dwelling unit must continue to be met.
(p)
No change in type, class or extent of the use shall be permitted except in
accordance with a development permit issued by the Authority.
(q)
Family child care occupations shall be limited to a maximum of six children
and shall conform to the guidelines and standards as set out by the province
of Newfoundland and Labrador's Health and Community Services
Department.
(r)
A maximum of fifty percent (50%) of the total floor area may be utilized for
family child care.
7.
Side yards
(a)
The Authority reserves the discretion to decrease the major side yard
requirements to 1.2 metres for a single dwelling.
(b)
The Authority reserves the discretion to decrease one side yard of a double
dwelling to 1.2 metres, if the double dwelling is side by side.
8.
Building Line Setback
The Authority reserves the right to decrease the building line setback requirement for
single dwelling and double dwelling to 6.5 metres where, in the opinion of the
Authority, the reduced setback will not have a negative impact on surrounding
development, taking into account the existing street line, street -right of way width
and other factors that may be relevant.
SCHEDULE C: Use Zone Tables
Page 131
9.
Rear Yard
The Authority reserves the right to reduce the rear yard requirement for single
dwelling and double dwelling to 7.25 metres, where, in the opinion of the Authority,
the reduction to the rear yard area will not result in a negative impact on the
adjoining properties.
At the discretion of the Authority:
(a)
The rear yard depth may be measured from the closest point of that portion of
the rear wall of the main building which forms a minimum of 66% of the
length of the elevation of the rear wall.
(b)
An extension from the rear wall of the main building on the lot comprising no
greater than 34% of the length of the rear wall elevation and extending no
greater than 2 metres into the rear yard area may be permitted.
(c)
The rear yard distance for apartment buildings shall be measured from the
closest point of the rear wall of the main building which forms a minimum of
85% of the rear wall.
10.
Corner Lots
The building line on the side lot line of a corner lot may be 5 metres where the
Authority is satisfied that public safety and amenity are maintained.
11.
Boarding House Residential
(a)
Each boarding house/lodging house or Bed and Breakfast shall comply with
the National Building Code of Canada, the National Fire Code of Canada, the
National Plumbing Code of Canada and the Life Safety Code as adopted by
the Authority.
(b)
One parking space shall be required for each room that is available to be
SCHEDULE C: Use Zone Tables
Page 132
rented to a boarder or as a Bed and Breakfast guest room/suite. The
minimum required parking for the dwelling use must continue to be met.
12.
Porches and Verandahs in Front of Building Line of Dwelling Unit
(a)
A porch, with a maximum floor area of 3 square metres, may be permitted to
project a maximum of 1.2 metres into the front setback area or 1.2 metres in
front of the established building line setback, whichever is in effect for the
property, provided the area will not be utilized as a habitable part of a
dwelling.
(b)
A porch must be enclosed with walls and a roof.
(c)
A verandah may be permitted to project a maximum of 1.2 metres into the
front setback area or 1.2 metres in front of the established building line
setback, whichever is in effect for the property.
(d)
A verandah may not be enclosed with walls and/or windows; however, a mesh
screen material may be attached to the exterior sides of the verandah.
(e)
No part of the verandah may be used as a habitable room.
(f)
A verandah may extend across the entire front facade of the main dwelling,
subject to the conditions listed.
(g)
A combination of porch and verandah may be permitted, subject to (a) and (c)
above, provided that the area of the porch section of the structure does not
exceed a maximum of 3 square metres.
(h)
The closest point of any part of a porch or verandah shall be a minimum of 5
metres from the front property boundary.
13.
Deck in Front of Building Line of Single or Double Dwelling
A deck may be permitted to project in front of the building line of a single or double
dwelling subject to the following conditions:
(a)
A deck shall be no closer than 4 metres to the street line and the maximum
distance a deck may project in front of the building line shall be 3.6 metres.
SCHEDULE C: Use Zone Tables
Page 133
(b)
The maximum floor height of a deck shall be equal to the level of the main
floor of the dwelling or such lower level as the Authority may consider
appropriate.
(c)
The maximum height of any part of the deck shall be 1.2 metres above the
deck's floor level, with the exception of part of the structure necessary to
support a second storey deck, above the main floor deck.
(d)
The maximum width of a deck shall be 3.6 metres.
(e)
The Authority may require the area beneath the floor of the deck to be
enclosed in order to maintain a neat and tidy appearance.
(f)
A deck shall not be used for storage purposes.
(g)
The Authority may require all decks permitted under this condition, or all
decks on a particular street or in a neighbourhood to be constructed with
specified materials and be of a specific colour or finish in order to maintain
amenity.
(h)
The closest point of any deck shall be a minimum of 1.2 metres from the side
property boundary, with the exception of a deck that is necessary to provide
access to a door exiting into the side yard..
14.
Intensification
The Authority reserves the right to reduce the minimum lot area and frontage
requirements for single and double dwellings to that of the residential high density
standards subject to:
(a)
the proposed development includes no more than 3 single lots or 2 double lots in
connection, and
(b)
the side yard width and rear yard depth requirements of the zone are maintained.
SCHEDULE C: Use Zone Tables
Page 134
(c)
At the discretion of the Authority, the front setback distance may be increased where
the new dwelling on the lot meets the minimum required frontage, side yard, and rear
yard standards for an intensification development. If the setback is substantial due
to an especially large or deep lot, adequate buffering in the form of fencing,
vegetation or other screening, shall be provided by the developer of the
intensification property in order to protect the aesthetics, amenity, privacy and
function of the adjoining properties or neighbourhood.
15.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
SCHEDULE C: Use Zone Tables
Page 135
USE ZONE TABLE
133.
RESIDENTIAL HIGH DENSITY
PERMITTED USE CLASSES - (see Regulation 127)
Single dwelling, double dwelling, row dwelling, apartment building and recreational open
space.
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Place of worship, educational, convenience store, collective residential, child care, boarding
house residential, antenna, home based occupation*.
*(See condition no. 6)
STANDARDS
WHERE PERMITTED
Single
Dwelling
Double
Dwelling
Row
Dwelling
APARTMENT**
BUILDING
1
Bed
Apt
2
Bed
Apt
3
Bed
Apt
4
Bed
Apt
Lot area (m²)
Minimum (mi)
mi:
375
mi:
275*
200
*
135
*
170
*
185
*
200
*
Floor area (m²)
minimum
70
70
*
60
*
40
*
50
*
60
*
70*
Frontage (m)
Minimum (mi)
mi: 12
mi: 20
(average)
10
*
Apt. Bldg. - 5 Units
or more
Apt. Bldg. - 4 Units
or less
25
23
Building Line Setback (m)
(minimum)
mi: 6
mi: 6
mi: 8
8-one storey
10-two storey
8-one storey
9-two storey
Side yard Width (m)
(minimum)
1.2
3
3
3
3
3
5
4
Rear yard Depth (m)
(minimum)
8
8
8
14
12
Lot Coverage (%)
Maximum
33
33
33
33
33
Height (m)
8
8
8
10
8
*Per Dwelling Unit(See Conditions)
**No greater than four bedrooms shall be permitted in an apartment unit.
(31 Jan 2014)
SCHEDULE C: Use Zone Tables
Page 136
CONDITIONS FOR RESIDENTIAL HIGH DENSITY ZONE
1.
Residential Density
In each Residential High Density Zone there shall be not more than 50% apartment
units, row housing units or a combination of apartment and row housing units, the
remainder being either single or double dwellings or a combination of single and
double dwellings.
2.
Site Standards - Discretionary Uses
Where permitted, a place of worship, an educational use, a boarding house use, a
collective residential use and a child care use shall conform to the minimum
frontage, building line setback, side yard and rear yard requirements and the
maximum lot coverage and height requirements specified for a single dwelling.
3.
Educational Uses
The only educational uses that may be permitted on a discretionary basis are
elementary and junior high schools.
4.
Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following
conditions:
(a)
The store shall form part of, or be attached to a dwelling unit.
(b)
The retail use shall be subsidiary to the residential character of the area, and
shall not affect residential amenities of adjoining properties.
(c)
Advertisement to the building shall not exceed three square metres in area.
(d)
A minimum of 2 off-street parking spaces is required for the use of customers
or as is set out in Schedule D, whichever is the greater. This requirement is in
SCHEDULE C: Use Zone Tables
Page 137
addition to the parking requirements for the dwelling.
(e)
A maximum of 25 percent of the habitable floor area of the dwelling up to a
maximum floor area of 45 sq. metres may be used as a convenience store.
The minimum required floor area of the dwelling must continue to be met.
5.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 62,
Accessory Residential Buildings, in Part II of these Development Regulations.
6.
Home Occupations/Home Office
Home based occupations include the following: home office, personal service,
medical and professional service, family child care. A home based occupation or
home office may be permitted at the discretion of council, subject to the following
conditions:
(a)
The use is clearly a subsidiary use to the single dwelling, double dwelling, row
dwelling use classes and does not detract from the residential character of
the neighbourhood.
(b)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the permitted use and that no repairs to vehicles
or heavy equipment are carried out.
(c)
The use does not alter the residential appearance or require external
modification of the dwelling unit.
(d)
Activities associated with the use shall be carried out inside the dwelling unit
or inside a building separate from the dwelling unit but on the same lot.
(e)
Not more than twenty-five percent of the floor area of the dwelling unit up to a
maximum of forty-five square metres is devoted to the use. The dwelling unit
SCHEDULE C: Use Zone Tables
Page 138
must continue to meet the dwelling unit minimum floor area requirements.
(f)
The use is operated by a resident of the dwelling unit and does not employ
more than one person in addition to the resident on site.
(g)
Office uses shall be limited to small business services and professional
offices.
(h)
Personal Service uses for the purpose of this condition shall include small
scale production of baked goods, handmade articles such as clothing and arts
and crafts and small business services.
(i)
There is no outside storage of goods or materials on the lot.
(j)
The use shall not generate traffic, sewerage or water use in excess of what is
normal in the residential area and can be accommodated by the existing
municipal road, water and sewer services.
(k)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust or fumes, nor cause electrical interference or in
any other way result in a nuisance to the occupants of surrounding
residences.
(l)
One building only, separate from the dwelling unit, may be used in connection
with a Personal Service use and shall conform to the Accessory Building
condition for this use zone.
(m)
No sign will be permitted other than a name plate not exceeding 0.22 m in
area which is attached to the principal building. No illumination of the sign
will be permitted.
(n)
The Authority which may require fencing, screening or separation to protect
the amenity of adjacent uses.
SCHEDULE C: Use Zone Tables
Page 139
(o)
Parking requirements are as set out in Schedule D, however a minimum of
one space is required for a home occupation. The minimum required parking
for the dwelling unit must continue to be met.
(p)
No change in type, class or extent of the use shall be permitted except in
accordance with a development permit issued by the Authority.
(q)
Family child care occupations shall be limited to a maximum of six children
and shall conform to the guidelines and standards as set out by the province
of Newfoundland and Labrador's Health and Community Services
Department.
(r)
A maximum of fifty percent (50%) of the total floor area may be utilized for
family child care.
7.
Side yards
(a)
Council reserves the discretion to decrease the major side yard requirement
to 1.2 metres for a single dwelling.
(b)
Council reserves the discretion to decrease one side yard of a double dwelling
to 1.2 metres, if they are adjacent to each other.
8.
Rear Yard
The Authority reserves the right to reduce the rear yard requirement for single
dwelling and double dwelling to7.25 metres, where, in the opinion of the Authority,
the reduction to the rear yard area will not result in a negative impact on the
adjoining properties.
At the discretion of the Authority:
(a)
The rear yard depth may be measured from the closest point of that portion of
the rear wall of the main building which forms a minimum of 66% of the
SCHEDULE C: Use Zone Tables
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length of the elevation of the rear wall.
(b)
An extension from the rear wall of the main building on the lot comprising no
greater than 34% of the length of the rear wall elevation and extending no
greater than 2 metres into the rear yard area may be permitted.
(c)
The rear yard distance for apartment buildings shall be measured from the
closest point of the rear wall of the main building which forms a minimum of
85% of the rear wall.
9.
Corner Lots
The building line on the side lot line of a corner lot may be 5 metres when the
Authority is satisfied that public safety and amenity are maintained.
10.
Boarding House Residential
(a)
Each boarding house/lodging house or Bed and Breakfast shall comply with
the National Building Code of Canada, the National Fire Code of Canada, the
National Plumbing Code of Canada and the Life Safety Code as adopted by
the Authority.
(b)
One parking space shall be required for each room that is available to be
rented to a boarder or as a Bed and Breakfast guest room/suite. The
minimum required parking for the dwelling use must continue to be met.
11.
Porches and Verandahs in Front of Building Line of Dwelling Unit
(a)
A porch, with a maximum floor area of 3 square metres, may be permitted to
project a maximum of 1.2 metres into the front setback area or 1.2 metres in
front of the established building line setback, whichever is in effect for the
property, provided the area will not be utilized as a habitable part of a dwelling.
(b)
A porch must be enclosed with walls and a roof.
SCHEDULE C: Use Zone Tables
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(c)
A verandah may be permitted to project a maximum of 1.2 metres into the
front setback area or 1.2 metres in front of the established building line
setback, whichever is in effect for the property.
(d)
A verandah may not be enclosed with walls and/or windows; however, a mesh
screen material may be attached to the exterior sides of the verandah.
(e)
No part of the verandah may be used as a habitable room.
(f)
A verandah may extend across the entire front facade of the main dwelling,
subject to the conditions listed.
(g)
A combination of porch and verandah may be permitted, subject to (a) and (c)
above, provided that the area of the porch section of the structure does not
exceed a maximum of 3 square metres.
(h)
The closest point of any part of a porch or verandah shall be a minimum of 5
metres from the front property boundary.
12.
Deck in Front of Building Line of Single or Double Dwelling
A deck may be permitted to project in front of the building line of a single or double
dwelling subject to the following conditions:
(a)
A deck shall be no closer than 4 metres to the street line and the maximum
distance a deck may project in front of the building line shall be 3.6 metres.
(b)
The maximum floor height of a deck shall be equal to the level of the main
floor of the dwelling or such lower level as the Authority may consider
appropriate.
(c)
The maximum height of any part of the deck shall be 1.2 metres above the
deck's floor level, with the exception of part of the structure necessary to
support a second storey deck, above the main floor deck.
SCHEDULE C: Use Zone Tables
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(d)
The maximum width of a deck shall be 3.6 metres.
(e)
The Authority may require the area beneath the floor of the deck to be
enclosed in order to maintain a neat and tidy appearance.
(f)
A deck shall not be used for storage purposes.
(g)
The Authority may require all decks permitted under this condition, or all
decks on a particular street or in a neighbourhood to be constructed with
specified materials and be of a specific colour or finish in order to maintain
amenity.
(h)
The closest point of any deck shall be a minimum of 1.2 metres from the side
property boundary, with the exception of a deck that is necessary to provide
access to a door exiting into the side yard..
13.
Intensification
Intensification development in this zone is subject to the following:
(a)
the proposed development includes no more than 3 single lots or 2 double lots in
connection, and
(b)
the side yard width and rear yard depth requirements of the zone are maintained.
(c)
At the discretion of the Authority, the front setback distance may be increased where
the new dwelling on the lot meets the minimum required frontage, side yard, and rear
yard standards for an intensification development. If the setback is substantial due
to an especially large or deep lot, adequate buffering in the form of fencing,
vegetation or other screening, shall be provided by the developer of the
intensification property in order to protect the aesthetics, amenity, privacy and
function of the adjoining properties or neighbourhood.
SCHEDULE C: Use Zone Tables
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14.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
134.
MOBILE/ MINI HOME RESIDENTIAL
PERMITTED USE CLASSES - (see Regulation 127)
Mobile or Mini Home
DISCRETIONARY USE CLASSES - (see Regulations 27 and 128)
Recreational open space, convenience store, antenna, single dwelling, home based
occupation*.
*(See condition no. 10)
STANDARDS
Lot Area (sq.m) (Minimum)
366 sq.m (min.)
Floor area (sq.m) (Minimum)
60 sq.m.
Floor area (sq.m) (Maximum)
Single Unit 100 sq.m.
Double Wide Unit 170 sq.m.
Lot Frontage (m) (Minimum)
12.2 m.
Rear yard depth (Minimum)
2.6 m.
Side yards width (Minimum)
1.2 m. & 3 m.
Building line setback (Minimum)
5 m. min. & 6.5 m. max.
Lot coverage (%) (Maximum)
33
Height (m)
6 m.
(31 Jan 2014)
SCHEDULE C: Use Zone Tables
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CONDITIONS FOR MOBILE/MINI-HOME RESIDENTIAL ZONE
1.
Advertisement Requirements
(a)
The erection or display of advertisements specified in Part II Regulation 63. (a)
is permitted without application to the Authority.
(b)
No other advertisements are permitted in this zone.
2.
General Conditions
(a)
A mobile or mini home lot must be provided with a mobile home stand
capable of supporting the maximum anticipated load of the mobile home
throughout all seasons of the year without settlement or other movement.
(b)
A mobile or mini home stand must be designed to fit the dimensions of the
particular mobile home plus extensions positioned on the mobile home stand
and must be paved or provided with some other hard surface.
(c)
A mobile or mini home on a Mobile Home Stand shall be supported and
secured by foundation walls, piers, posts or other means, carried to a depth
sufficient to prevent movement by frost and sufficient to support the
anticipated load at such points on its chassis frame as required.
(d)
Anchors in the form of eyelets embedded in concrete, screw augers or head
anchors or alternative devices acceptable to the Authority must be provided at
all corners of the mobile home stand and at additional points where
necessary to secure the mobile home against the forces exerted by wind.
(e)
Anchors or devices must be connected to each anchor point of the mobile or
mini home chassis frame by a cable or other device approved by the Authority.
(f)
Anchors and connections must be capable of withstanding a tension of at
least 2,180 kilograms.
SCHEDULE C: Use Zone Tables
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(g)
A mobile or mini home must be provided with skirting acceptable to the
Authority extending from the bottom of each mobile home to the ground,
having a readily accessible, removable panel not less than 1 meter by 0.66
metres to give access to service connections.
(h)
A mobile or mini home will be placed on the lot so that it can be placed and
removed without interfering with other lots.
3.
Design Standards
The following mobile home subdivision design standards shall apply in addition to
other subdivision design standards which may be in effect.
(a)
The maximum density of each mobile home subdivision shall be 20 mobile
homes per hectare.
(b)
A mobile home subdivision may be developed to contain a maximum of fifty
(50) mobile home lots.
4.
Mini Homes
The housing type commonly referred to as mini homes will be considered as a mobile
home for the purposes of this use zone, provided its characteristics are substantially
the same as a mobile home.
5.
Outdoor Living Area
A mobile home lot shall have a minimum of 40 square metres of outdoor living area.
This area shall be located in the rear yard or side yard, or a combination of both, of
the mobile home. The purpose of the outdoor living area is to provide an area for
privacy, recreation and amenity.
SCHEDULE C: Use Zone Tables
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6.
Services
Development with plumbing shall connect to the municipal water and sewer system
and shall have the required minimum frontage on a public street. Sewer lines shall
contain back water valves.
7.
Recreational Open Space
Parks and playgrounds may be located on back land but shall have at least one 5-
metre wide vehicular access directly onto a public street.
8.
Convenience Store
A convenience store may be permitted as a discretionary use under the following
conditions:
(a)
The store shall form part of, or be attached to a mobile home.
(b)
The retail use shall be subsidiary to the dwelling and in keeping with the
residential character of the area, and shall not adversely affect residential
amenities of adjoining properties.
(c)
Off-street parking for at least two automobiles shall be provided for customer
use.
(d)
Not more than one convenience store shall be permitted for every 100 mobile
homes in the zone.
(e)
The maximum floor area of a convenience store shall be 40 square metres
and shall not infringe on the minimum floor area of the dwelling.
(f)
Advertisement of the building shall not exceed three (3) square metres in
area.
SCHEDULE C: Use Zone Tables
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9.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 62,
Residential Accessory Buildings, in Part II of these Development Regulations.
10.
Home Occupations/Home Office
Home based occupations include the following: home office, personal service,
medical and professional service, family child care. A home based occupation or
home office may be permitted at the discretion of council, subject to the following
conditions:
(b)
The use is clearly a subsidiary use to the single dwelling, double dwelling, row
dwelling use classes and does not detract from the residential character of
the neighbourhood.
(b)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the permitted use and that no repairs to vehicles
or heavy equipment are carried out.
(c)
The use does not alter the residential appearance or require external
modification of the dwelling unit.
(d)
Activities associated with the use shall be carried out inside the dwelling unit
or inside a building separate from the dwelling unit but on the same lot.
(e)
Not more than twenty-five percent of the floor area of the dwelling unit up to a
maximum of forty-five square metres is devoted to the use. The dwelling unit
must continue to meet the dwelling unit minimum floor area requirements.
(f)
The use is operated by a resident of the dwelling unit and does not employ
more than one person in addition to the resident on site.
SCHEDULE C: Use Zone Tables
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(g)
Office uses shall be limited to small business services and professional
offices.
(h)
Personal Service uses for the purpose of this condition shall include small
scale production of baked goods, handmade articles such as clothing and arts
and crafts and small business services.
(i)
There is no outside storage of goods or materials on the lot.
(j)
The use shall not generate traffic, sewerage or water use in excess of what is
normal in the residential area and can be accommodated by the existing
municipal road, water and sewer services.
(k)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust or fumes, nor cause electrical interference or in
any other way result in a nuisance to the occupants of surrounding
residences.
(l)
One building only, separate from the dwelling unit, may be used in connection
with a Personal Service use and shall conform to the Accessory Building
condition for this use zone.
(m)
No sign will be permitted other than a name plate not exceeding 0.22 m in
area which is attached to the principal building. No illumination of the sign
will be permitted.
(n)
The Authority which may require fencing, screening or separation to protect
the amenity of adjacent uses.
(o)
Parking requirements are as set out in Schedule D, however a minimum of
one space is required for a home occupation. The minimum required parking
for the dwelling unit must continue to be met.
(p)
No change in type, class or extent of the use shall be permitted except in
SCHEDULE C: Use Zone Tables
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accordance with a development permit issued by the Authority.
(q)
Family child care occupations shall be limited to a maximum of six children
and shall conform to the guidelines and standards as set out by the province
of Newfoundland and Labrador's Health and Community Services
Department.
(r)
A maximum of fifty percent (50%) of the total floor area may be utilized for
family child care.
11.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
135.
MOSAIC RESIDENTIAL
PERMITTED USE CLASSES - (see Regulation 127)
Single dwelling, double dwelling, row dwelling, apartment building and recreational open
space.
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Place of worship, educational, convenience store, collective residential, child care, boarding
house residential, antenna, home based occupation*.
*(See condition no. 7)
Single Dwelling - S Double Dwelling - D Row Dwelling - R
Lot
Designation
Lot
Area (m2)
minimum
(mi)
Floor
Area
min
(m2)
Frontage
(m)
minimum
(mi)
maximum
(ma)
Building
Line
Setback
(m)
minimum
Side-yard
Width
(m)
minimum
Rear-
yard
Depth
(m)
minimum
Lot
Coverage
(%)
maximum
Height
(m)
maximum
Category: 1
1-S
mi: 375
70
mi: 12
ma: 14
mi: 8
ma: 10
1.2
3
8
33
8
1-D
mi: 275*
70*
mi: 20
ma: 22
"
3
3
"
"
"
1-R
200*
Average
60*
Average /
min: 10*
"
"
"
"
"
*Per Dwelling Unit (See Conditions)
Frontage maximums can be increased when addressing (1) street flanking side yards for corner lots, (2)
irregular shaped lots on cul-de-sacs and (3) tight turns on streets with a centreline radius of less than 60
meters (See conditions for corner lots).
SCHEDULE C: Use Zone Tables
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Category: 2
Lot
Designation
Lot
Area (m2)
minimum
(mi)
Floor
Area
min
(m2)
Frontage
(m)
minimum
(mi)
maximum
(ma)
Building
Line
Setback
(m)
minimum
Side-yard
Width
(m)
minimum
Rear-
yard
Depth
(m)
minimum
Lot
Coverage
(%)
maximum
Height
(m)
maximum
2-S
mi: 450
80
mi: 15
ma: 19
mi: 8
ma: 10
1.2
3
"
"
"
2-D
mi: 365*
80*
mi: 22
ma: 24
"
3
3
"
"
"
2-R
240*
Average
65*
Average /
min: 10*
"
"
"
"
"
Category: 3
3-S
mi: 650
110
mi: 20
mi: 8
ma: 10
1.2
3
"
"
"
3-D
mi: 450*
110*
mi: 25
"
3
3
"
"
"
3-R
340*
Average
100*
Average /
min: 10*
"
"
"
"
"
Category: 4
S-4
mi: 836
110
mi: 21
mi: 8
ma: 10
3
3
"
"
"
D-4
mi: 578*
110*
mi: 27
"
"
"
"
"
*Per Dwelling Unit (See Conditions)
Frontage maximums can be increased when addressing (1) street flanking side yards for corner lots, (2)
irregular shaped lots on cul-de-sacs and (3) tight turns on streets with a centreline radius of less than 60
meters (See conditions for corner lots).
Apartment Buildings - Go to next page
SCHEDULE C: Use Zone Tables
Page 153
Apartment Buildings - A A-1,2,3,4 = number of bedrooms
Lot
Area (m2)
minimum
(mi)
Floor
Area
min
(m2)
Frontage
(m)
minimum
Building
Line
Setback
(m)
minimum
Side-
yard
Width
(m)
min.
Rear-
yard
Depth
(m)
min.
Lot
Coverage
(%)
maximum
Height
(m) max.
A-1
mi: 160*
40*
Apt.
Bldg.
5
Units
or
More
25
One story:
mi: 8
ma: 10
Two story:
mi: 10
ma: 12
5
14
33
10
A-2
mi: 200*
50*
A-3
mi: 225*
60*
Apt.
Bldg.
4
Units
or
Less
23
4
12
"
8
A-4
mi: 240*
70*
*Per Dwelling Unit (See Conditions)
Frontage maximums can be increased when addressing (1) street flanking side yards for corner lots, (2)
irregular shaped lots on cul-de-sacs and (3) tight turns on streets with a centreline radius of less than 60
meters (See conditions for corner lots).
SCHEDULE C: Use Zone Tables
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CONDITIONS FOR MOSAIC RESIDENTIAL ZONE
1.
Comprehensive Development Plan
Areas zoned as Mosaic Residential shall require a Comprehensive Mosaic Residential
Development Plan for the entire zone, illustrating a balance of residential dwelling
types and lots sizes.
In the Plan, Mosaic subdivision design should result in streets with staggered
categories in gradation of density. The lot categories 1-4 establish the overall level of
residential density to be designed for a row of lots along one side of a mosaic street.
Similar to the standards for residential high, medium, low and special density,
categories then offer lot designation options and accompanying standards to choose
from when laying out individual lots within a category, i.e., single dwelling (S), double
dwelling (D), row dwelling (R) and those additional standards for apartment buildings.
The diagram below offers a sample of Mosaic site planning.
This Plan shall include a road layout; a plan for provision of water, sewer and other
municipal servicing; a parking strategy; a pedestrian and landscape plan with
locations for new public space and access or linkage to proximal neighbourhoods or
amenities; identification of other proposed uses; and, take into account the physical,
social and economic impacts of the development on the City, adjacent areas, and
supporting infrastructure.
SCHEDULE C: Use Zone Tables
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2.
Lot Layout and Designation
(a)
Where feasible, streets shall be planned with a minimum of three (3) separate
mosaic categories with each category having a lot from at least two (2)
different designations.
(b)
Each street shall, where feasible, restart a gradation category within the
length of the street.
(c)
No one category shall encircle others or dominate a node.
(d)
No more than six (6) single dwelling lots (S) shall occur in contiguity unless the
seventh (7th) lot is designated as a double (D) or row dwelling (R).
Continuation of single dwelling lots following this configuration shall be limited
to two (2) at which point a different category and designation must occur.
(e)
No more than 3 double dwelling lots (D) shall occur in contiguity.
(f)
Lots of same category shall not back onto or be situated opposite of each
other except where a run wraps around a cul-de-sac or crescent, or continues
in a row on one side of a street.
(g)
Category-1 lots shall not be located at the end of a cul-de-sac.
(h)
No residential lot shall have a depth exceeding four times the frontage unless
otherwise approved by the authority.
(31 Jan 2014)
(31 Jan 2014)
(31 Jan 2014)
SCHEDULE C: Use Zone Tables
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Row Dwellings
(a)
No more than six (6) row dwellings shall occur in contiguity and shall be
separated from additional row dwellings by a minimum of two (2) single or
double dwelling lots.
(b)
Lots designated for row dwellings shall have the designation letter followed by
the number of dwellings planned in connection. For example, a lot planned for
three-unit row dwelling in a category-1 areas would be shown on a plan as 1-
R3.
Apartment Buildings
(a)
Lots designated for apartment buildings shall be located within or at the end
of a row of Category-1 lots and shall not be located directly across from or
connected to Category-3 or Category-4 lots, and
(b)
shall have the designation letter followed by the number of units planned for
the apartment, not the number of bedrooms. For example, a lot planned for
30 unit apartment buildings shall be shown on a plan as A30. Separate plan
and profile drawings showing the designation and arrangement of 1 and/or 2
and/or 3 and/or 4 bedroom apartments within a proposed apartment building
will be required to accompany the overall site plan in order for proper
assessment of required amount and location of parking and other features
associated with the number of inhabitants planned for the building.
Corner Lots
(a)
The street flanking side yard of a corner lot shall be a minimum of five (5)
meters.
3.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 62,
Accessory Residential Buildings, in Part II of these Development Regulations.
SCHEDULE C: Use Zone Tables
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4.
Rear Yard
The Authority reserves the right to reduce the rear yard requirement for single
dwelling and double dwelling to 7.25 metres, where, in the opinion of the Authority,
the reduction to the rear yard area will not result in a negative impact on the
adjoining properties.
5.
Side Yard
At the discretion of Council one side yard of a double dwelling, of any category of lot,
may be decreased from 3 metres to 1.2 metres, if the double dwelling is side by side.
In exercising its discretion, Council shall consider the impact on surrounding
development, taking into account the established side yard requirement of the
adjacent undeveloped lot(s) as well as any existing adjacent side yard of developed
lot(s).
6.
Subdivision & Consolidation of Land
(a)
In order to ensure the integrity of the Mosaic residential density plan,
subdivision or consolidation of residential lots shall not be permitted.
(b)
Notwithstanding condition (a), the authority may, upon development of no less
than 60% percent of the original site plan, permit the subdivision of lots
originally designated for apartment buildings into Category-1 designations
only. Subdivision for this purpose shall conform to the requirements for Lot
Layout and Designation.
(c)
A Comprehensive Mosaic Residential Development Plan shall conform to the
requirements of the Subdivision Design Procedures and Engineering
Standards for the City of Corner Brook.
7.
Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following
conditions:
(a)
The store shall form part of, or be attached to a dwelling unit located within
150 meters of a node or intersection.
(b)
The retail use shall be subsidiary to the residential character of the area, and
shall not affect residential amenities of adjoining properties.
(11 September 2015)
SCHEDULE C: Use Zone Tables
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(c)
Advertisement to the building shall not exceed three square metres in area.
(d)
A minimum of 2 off-street parking spaces is required for the use of customers
or as is set out in Schedule D, whichever is the greater. This requirement is in
addition to the parking requirements for the dwelling.
(e)
A maximum of 25 percent of the habitable floor area of the dwelling up to a
maximum floor area of 45 sq. metres may be used as a convenience store.
The minimum required floor area of the dwelling must continue to be met.
8.
Home Occupations/Home Office
Home based occupations include the following: home office, personal service,
medical and professional service, family child care. A home based occupation or
home office may be permitted at the discretion of council, subject to the following
conditions:
(a)
The use is clearly a subsidiary use to the single dwelling, double dwelling, row
dwelling use classes and does not detract from the residential character of
the neighbourhood.
(b)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the permitted use and that no repairs to vehicles
or heavy equipment are carried out.
(c)
The use does not alter the residential appearance or require external
modification of the dwelling unit.
(d)
Activities associated with the use shall be carried out inside the dwelling unit
or inside a building separate from the dwelling unit but on the same lot.
(e)
Not more than twenty-five percent of the floor area of the dwelling unit up to a
maximum of forty-five square metres is devoted to the use. The dwelling unit
must continue to meet the dwelling unit minimum floor area requirements.
SCHEDULE C: Use Zone Tables
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(f)
The use is operated by a resident of the dwelling unit and does not employ
more than one person in addition to the resident on site.
(g)
Office uses shall be limited to small business services and professional
offices.
(h)
Personal Service uses for the purpose of this condition shall include small
scale production of baked goods, handmade articles such as clothing and arts
and crafts and small business services.
(i)
There is no outside storage of goods or materials on the lot.
(j)
The use shall not generate traffic, sewerage or water use in excess of what is
normal in the residential area and can be accommodated by the existing
municipal road, water and sewer services.
(k)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust or fumes, nor cause electrical interference or in
any other way result in a nuisance to the occupants of surrounding
residences.
(l)
One building only, separate from the dwelling unit, may be used in connection
with a Personal Service use and shall conform to the Accessory Building
condition for this use zone.
(m)
No sign will be permitted other than a name plate not exceeding 0.22 m in
area which is attached to the principal building. No illumination of the sign
will be permitted.
(n)
The Authority which may require fencing, screening or separation to protect
the amenity of adjacent uses.
(o)
Parking requirements are as set out in Schedule D; however a minimum of
one space is required for a home occupation. The minimum required parking
SCHEDULE C: Use Zone Tables
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for the dwelling unit must continue to be met.
(p)
No change in type, class or extent of the use shall be permitted except in
accordance with a development permit issued by the Authority.
(q)
Family child care occupations shall be limited to a maximum of six children
and shall conform to the guidelines and standards as set out by the province
of Newfoundland and Labrador's Health and Community Services
Department.
(r)
A maximum of fifty percent (50%) of the total floor area may be utilized for
family child care.
9.
Boarding House Residential
(a)
Each boarding house/lodging house or Bed and Breakfast shall comply with
the National Building Code of Canada, the National Fire Code of Canada, the
National Plumbing Code of Canada and the Life Safety Code as adopted by
the Authority.
(b)
One parking space shall be required for each room that is available to be
rented to a boarder or as a Bed and Breakfast guest room/suite. The
minimum required parking for the dwelling use must continue to be met.
10.
Deck in Front of Building Line of Single or Double Dwelling
A deck may be permitted to project in front of the building line of a single or double
dwelling subject to the following conditions:
(a)
A deck shall be no closer than 4 metres to the street line and the maximum
distance a deck may project in front of the building line shall be 3.6 metres.
(b)
The maximum floor height of a deck shall be equal to the level of the main
floor of the dwelling or such lower level as the Authority may consider
SCHEDULE C: Use Zone Tables
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appropriate.
(c)
The maximum height of any part of the deck shall be 1.2 metres above the
deck's floor level, with the exception of part of the structure necessary to
support a second storey deck, above the main floor deck.
(d)
The maximum width of a deck shall be 3.6 metres.
(e)
The Authority may require the area beneath the floor of the deck to be
enclosed in order to maintain a neat and tidy appearance.
(f)
A deck shall not be used for storage purposes.
(g)
The Authority may require all decks permitted under this condition, or all
decks on a particular street or in a neighbourhood to be constructed with
specified materials and be of a specific colour or finish in order to maintain
amenity.
(h)
The closest point of any deck shall be a minimum of 1.2 metres from the side
property boundary, with the exception of a deck that is necessary to provide
access to a door exiting into the side yard..
11.
Porches and Verandahs in Front of Building Line of Dwelling Unit
(a)
A porch, with a maximum floor area of 3 square metres, may be permitted to
project a maximum of 1.2 metres into the front setback area or 1.2 metres in
front of the established building line setback, whichever is in effect for the
property, provided the area will not be utilized as a habitable part of a
dwelling.
(b)
A porch must be enclosed with walls and a roof.
(c)
A verandah may be permitted to project a maximum of 1.2 metres into the
front setback area or 1.2 metres in front of the established building line
SCHEDULE C: Use Zone Tables
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setback, whichever is in effect for the property.
(d)
A verandah may not be enclosed with walls and/or windows; however, a mesh
screen material may be attached to the exterior sides of the verandah.
(e)
No part of the verandah may be used as a habitable room.
(f)
A verandah may extend across the entire front facade of the main dwelling,
subject to the conditions listed.
(g)
A combination of porch and verandah may be permitted, subject to (a) and (c)
above, provided that the area of the porch section of the structure does not
exceed a maximum of 3 square metres.
(h)
The closest point of any part of a porch or verandah shall be a minimum of 5
metres from the front property boundary.
12.
Parking
Where feasible, parking spaces for apartments shall be provided in the rear yard, and
shall be adequately screened from any adjoining residential use.
13.
Discretionary Uses
(a)
The discretionary use classes listed in this table may be permitted at the
discretion of the Authority provided that they are complementary to uses
within the permitted use classes or that their development will not inhibit or
prejudice the existence or the development of such uses.
(b)
Where permitted, a place of worship, an educational use, a boarding house
use, a collective residential use and a child care use shall conform to the
minimum frontage, building line setback, side yard and rear yard
requirements and the lot coverage and height requirements specified for a
Category-2, single dwelling.
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USE ZONE TABLE
136.
COMPREHENSIVE RESIDENTIAL DEVELOPMENT AREA
PERMITTED USE CLASSES - (see Regulation 127)
None Permitted.
DISCRETIONARY USE CLASSES - (See Regulation 26 and 128)
None Permitted.
CONDITIONS
1.
Non-conforming Uses
Regulation 82 and/or Regulation 83 apply to legal use of buildings or land as non
conforming uses in this zone.
2.
Advertisement Requirements
a)
The erection or display of advertisements specified in Part II Regulation 64 is
permitted without application to the Authority.
b)
No other advertisements are permitted in this zone.
3.
Developments and Improvements
No major developments or improvements shall take place in this zone until a
comprehensive development plan has been adopted by the Authority.
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USE ZONE TABLE
137.
TOWNSITE RESIDENTIAL
PERMITTED USE CLASSES - (see Regulation 127)
Single dwelling, double dwelling, recreational open space.
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Row dwelling, place of worship, child care, home based occupation*, boarding house
residential**.
* (See condition no. 3), **(See condition no. 8)
STANDARDS
WHERE PERMITTED
Single
Dwelling
Double
Dwelling
Row
Dwelling
Lot area (m2)
Minimum (mi)
mi:
375
mi:
275*
200
*
Floor area (m2)
Minimum
70
70*
60*
Frontage (m)
Minimum (mi)
mi: 12
mi: 20
min: 10*
Building Line
Setback (m)
Minimum (mi)
mi: 3
mi: 3
mi: 6
Side yard Width (m)
(minimum)
1.2
3
3
3
3
3
Rear yard depth (m)
(minimum)
8
8
10
Lot coverage (%)
Maximum
33
33
33
Height (m) Maximum
8
8
10
*Per Dwelling Unit (See Conditions).
(31 Jan 2014)
SCHEDULE C: Use Zone Tables
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CONDITIONS FOR TOWNSITE RESIDENTIAL ZONE
1.
Site Standards - Discretionary Uses
Where permitted, a place of worship, a child care use and boarding house residential
use shall conform to the frontage, building line setback, side yard, rear yard, lot
coverage and height requirements specified for a single dwelling.
2.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 62,
Accessory Residential Buildings, in Part II of these Development Regulations.
3.
Home Occupations/Home Office
Home based occupations include the following: home office, personal service,
medical and professional service, family child care. A home based occupation or
home office may be permitted at the discretion of council, subject to the following
conditions:
(a)
The use is clearly a subsidiary use to the single dwelling, double dwelling, row
dwelling use classes and does not detract from the residential character of
the neighbourhood.
b)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the permitted use and that no repairs to vehicles
or heavy equipment are carried out.
(c)
The use does not alter the residential appearance or require external
modification of the dwelling unit.
(d)
Activities associated with the use shall be carried out inside the dwelling unit
or inside a building separate from the dwelling unit but on the same lot.
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(e)
Not more than twenty-five percent of the floor area of the dwelling unit up to a
maximum of forty-five square metres is devoted to the use. The dwelling unit
must continue to meet the dwelling unit minimum floor area requirements.
(f)
The use is operated by a resident of the dwelling unit and does not employ
more than one person in addition to the resident on site.
(g)
Office uses shall be limited to small business services and professional
offices.
(h)
Personal Service uses for the purpose of this condition shall include small
scale production of baked goods, handmade articles such as clothing and arts
and crafts and small business services.
(i)
There is no outside storage of goods or materials on the lot.
(j)
The use shall not generate traffic, sewerage or water use in excess of what is
normal in the residential area and can be accommodated by the existing
municipal road, water and sewer services.
(k)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust or fumes, nor cause electrical interference or in
any other way result in a nuisance to the occupants of surrounding
residences.
(l)
One building only, separate from the dwelling unit, may be used in connection
with a Personal Service use and shall conform to the Accessory Building
condition for this use zone.
(m)
No sign will be permitted other than a name plate not exceeding 0.22 m in
area which is attached to the principal building. No illumination of the sign
will be permitted.
(n)
The Authority which may require fencing, screening or separation to protect
SCHEDULE C: Use Zone Tables
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the amenity of adjacent uses.
(o)
Parking requirements are as set out in Schedule D, however a minimum of
one space is required for a home occupation. The minimum required parking
for the dwelling unit must continue to be met.
(p)
No change in type, class or extent of the use shall be permitted except in
accordance with a development permit issued by the Authority.
(q)
Family child care occupations shall be limited to a maximum of six children
and shall conform to the guidelines and standards as set out by the province
of Newfoundland and Labrador's Health and Community Services
Department.
(r)
A maximum of fifty percent (50%) of the total floor area may be utilized for
family child care.
4.
Side yards
a)
The Authority reserves the discretion to decrease the major side yard
requirements to 1.2 metres for a single dwelling.
b)
The Authority reserves the discretion to decrease one sideyard of a double
dwelling to 1.2 metres, if the double dwelling is side by side.
5.
Building Line Setback
Due to the original development plan, the dwellings in Townsite are typically located
closer to their front property boundaries than in other residential neighbourhoods
and therefore have a reduced front setback area. In order to preserve the original
building lines and historical characteristics of the streets in the zone, no further
reduction to the established street lines shall be approved and no additional exterior
construction including, but not limited to, decks, verandahs, steps, or porches, shall
SCHEDULE C: Use Zone Tables
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be permitted within the front setback area, nor shall any variance be considered to
the front setback standard for dwellings in this zone.
(a)
A deck, porch, verandah, steps, or ramp shall not be constructed within the
minimum building line setback.
6.
Rear Yard
The Authority reserves the right to reduce the rear yard requirement for single
dwelling and double dwelling to7.25 metres, where, in the opinion of the Authority,
the reduction to the rear yard area will not result in a negative impact on the
adjoining properties.
7.
Corner Lots
The building line on the side lot line of a corner lot may be 5 metres where the
Authority is satisfied that public safety and amenity are maintained.
8.
Boarding House Residential
(a)
Each boarding house/lodging house or Bed and Breakfast shall comply with
the National Building Code of Canada, the National Fire Code of Canada, the
National Plumbing Code of Canada and the Life Safety Code as adopted by
the Authority.
(b)
One parking space shall be required for each room that is available to be
rented to a boarder or as a Bed and Breakfast guest room/suite. The
minimum required parking for the dwelling use must continue to be met.
9.
Porches in Front of Building Line of Dwelling Unit
(a)
A porch of 1.2 metres beyond the existing building line, with a maximum floor
area of three (3) square metres may be permitted provided that
SCHEDULE C: Use Zone Tables
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(i)
the area will not be utilized as a habitable part of a dwelling,
(ii)
the porch is enclosed with walls and roof, and
(iii)
no portion of the construction shall 'protrude into the minimum
established building line setback.
10.
Intensification
Intensification projects shall be permitted on a discretionary basis where
(a)
the proposed development includes no more than 3 single lots or 2 double
lots in connection, and
(b)
the setback requirements of the zone are maintained.
11.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
138.
TOWNSITE COMMERCIAL
PERMITTED USE CLASSES (See Regulation 127)
Theatre, cultural and civic, general assembly, place of worship, club and lodge, child care,
apartment building, commercial residential, office, medical and professional, personal
service, general service, communications, shop**, indoor market, conservation,
convenience store. **(See condition no. 15)
DISCRETIONARY USE CLASSES (See Regulations 26 and 128)
Educational, collective residential, indoor market, outdoor market, catering*, recreational
open space, antenna, boarding house residential, single, double and row dwelling.
*(See condition no. 11)
CONDITIONS
1.
Development Standards
(a)
The development standards for this zone shall be as follows:
(i)
Minimum Building Line Setback
0 metres
(ii)
Maximum Building Line Setback
4 metres
(ii)
Minimum Side yard width, except where
buildings are built with adjoining party walls.
2 & 5 metres
(iii)
Minimum Rear yard Dept
10 metres
(iv)
Maximum Height
16 metres
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of advertisements on any
lot or site occupied by a use permitted or existing as a legal non-conforming use in
SCHEDULE C: Use Zone Tables
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this use zone shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of the adjacent streets and sidewalk and the general
amenities of the surrounding areas.
(b)
Building advertisements shall not exceed eight (8) percent of the building
facade area. This includes name/occupant of the building plus additional
advertisements that may be on the lot and/or building, however, excludes a
temporary advertisement.
(c)
Onsite advertisement is not to exceed five (5) square metres in area. This five
(5) square metres is to be part of the eight (8) percent as described in Section
(b) above.
(d)
Not withstanding (b) and (c) above;
Advertisement on any lot may be permitted up to 3 square metres in area
regardless of building facade area.
3.
Advertisement Relating to Offsite Uses /Third Party Advertisements
The conditions to be applied to the erection or display of Third Party advertisements
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)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
(22 June 2017)
SCHEDULE C: Use Zone Tables
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advertisements.
4.
Temporary Advertisement
Temporary advertisement located in this Use Zone shall be issued under the
following conditions:
(a)
The permit will be for a maximum period of three (3) months and the
advertisement is to be removed for a minimum of six (6) months before an
application will be considered for the same site. (Only one (1) advertisement
will be permitted per site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement must be located within the lot boundary and each
application will be assessed on its own merits based on the specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection must be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
5.
Apartments Attached to Shops or Businesses
Where apartments are attached to shops or other businesses, they are required to
meet the Residential High Density (RHD) Zone requirements for apartment buildings
for floor area and overall residential densities. A portion of the structure or site,
equivalent to thirty (30) percent of the floor area of the dwelling units shall be
developed as Amenity Areas which are properly designed indoor and/or outdoor
spaces for the use of the tenants and includes balconies, roof terraces, recreation
rooms and playgrounds. This Amenity Area shall be calculated or included as part of
(22 June 2017)
SCHEDULE C: Use Zone Tables
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the lot area, so that the lot area required in these regulations shall include the
Amenity Area.
6.
Boarding House Residential
(a)
Each boarding house/lodging house and Bed and Breakfast shall comply with
the National Building Code of Canada, the National Fire Code of Canada, the
National Plumbing Code of Canada and the Life Safety Code as adopted by
the Authority.
(b)
One parking space shall be required for each room that is available to be
rented to a boarder or as a Bed and Breakfast guest room/suite. The
minimum required parking for the dwelling use must continue to be met.
7.
Overhanging Advertisements and Canopies on City Right-of-Ways
(a)
Permission to erect overhanging advertisements or canopies on street
reservations shall be subject to a license agreement between the City and the
owner or tenant of the property or "lessee."
(b)
(i)
An overhanging advertisement shall not exceed 2.7 square metres in
area and shall not project more than 1 metre from the building facia
including attachments.
(ii)
Overhanging advertisements shall be restricted to the onsite use.
(iii)
A canopy shall not project more than 1.2 metres from the building
facia including attachments.
(c)
The general appearance of an advertisement or canopy shall be assessed
considering the amenity of the surroundings, availability of utilities, public
safety and convenience. It must also be aesthetically pleasing.
(d)
Overhanging advertisements or canopies containing advertisements shall
SCHEDULE C: Use Zone Tables
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form part of the maximum allowable advertisement for the site (reference 2
(ii) relating to advertisement of Onsite Uses).
(e)
The Authority may conditionally approve or refuse any overhanging
advertisement or canopy on street reservations.
(f)
For the purpose of this zone, overhanging advertisements shall be permitted
over street reservations.
8.
Front Setback and Rear Yard
When infilling (new development) or redeveloping (replacing the previous development on
the site) in the Townsite Commercial zone, the Authority reserves the discretion to decrease
the front setback, side yard and rear yard standards where the Authority is satisfied that the
location of the building on the site can be constructed to be consistent with surrounding
development and where public safety and amenity are maintained. Parking will be as
specified by the Authority.
9.
Side yard
When infilling,(new development), redeveloping (replacing the previous development) on
the site, or extending or repairing an existing development in the Townsite Commercial
zone, the Authority reserves the discretion to decrease the side yard standard to the side
property boundary where the Authority is satisfied that the location of the building on the
site can be constructed to be consistent with surrounding development and where public
safety and amenity are not compromised. Other relevant factors will also be taken into
consideration including, but not limited to, the condition, function and aesthetic or design
of any adjacent development. Any wall constructed on the side boundary shall be
constructed as a party wall.
10.
Apartment Buildings
Apartment buildings in the Townsite Commercial zone shall meet the Residential
High Density development standards for any required standard(s) not specified in
SCHEDULE C: Use Zone Tables
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the Use Zone Table. Parking shall be as specified in Schedule D, unless
otherwise specified by the Authority.
11.
Catering
Only restaurants of this use classification shall be permitted as a discretionary use in
this zone.
12.
Intensification
(a)
Parking
(i)
Surface or above-grade parking areas should be located at the rear of
buildings where possible and parking between a public street and the
building line will only be permitted when parking at the rear cannot be
accommodated. Existing parking areas between a public street and
the Building Line are permitted to continue.
(b)
Notwithstanding the general regulations of this zone, the following conditions
shall apply to developments within this zone:
(i)
Drive-thru uses will not be permitted. Existing drive-thru uses are
permitted to continue as non conforming uses.
(ii)
Maximum building height: 16 metres (5 storeys).
(iii)
Minimum building height: 6.5 metres (two-storeys).
(iv)
Residential uses will not be permitted on the ground floor.
(v)
A minimum of 60% of the building frontage onto the street must be
glazed.
13.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 61,
Accessory Commercial and Industrial Buildings, in Part II of these Development
Regulations.
SCHEDULE C: Use Zone Tables
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14.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
15.
Shop
In this zone, the shop classification of use specifically excludes a Licensed Cannabis
Retail use.
(03 August 2018)
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
139.
DOWNTOWN RESIDENTIAL
PERMITTED USE CLASSES - (see Regulation 127)
Single dwelling, double dwelling, boarding house residential, row dwelling, recreational open
space, conservation, apartment building*.
*(See condition no. 12)
DISCRETIONARY USE CLASSES (See Regulations 26 and 128)
Cultural and civic, general assembly, place of worship, club and lodge, catering*, child care,
office, medical and professional, personal service, general service, take-out food service,
convenience store, home based occupation**.
*(See condition no. 7), **(See condition no. 10)
CONDITIONS
1.
Development Standards
(a)
The development standards for this zone shall be as follows:
(i)
Minimum Building Line Setback
4 metres
(ii)
Minimum Side Yard width (unless constructed with a party wall)*
1.2 & 3 metres
(iii)
Minimum Rear Yard Depth
8 metres
(iv)
Maximum Height
12 metres
*Party walls shall only be permitted with the approval of both property owners
and in conformance with the National Building Code of Canada and any other
applicable Code or Standard. **See Condition
SCHEDULE C: Use Zone Tables
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2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of advertisements on any
lot or site occupied by a use permitted or existing as a legal non-conforming use in
this use zone shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of the adjacent streets and sidewalk and the general
amenities of the surrounding areas.
(b)
Building advertisements shall not exceed eight (8) percent of the building
facade area. This includes name/occupant of the building plus additional
advertisements that may be on the lot and/or building, however, excludes a
temporary advertisement.
(c)
Onsite advertisement is not to exceed five (5) square metres in area. This five
(5) square metres is to be part of the eight (8) percent as described in Section
(b) above.
(d)
Notwithstanding (b) and (c) above;
Advertisement on any lot may be permitted up to 3 square metres in area
regardless of building facade area.
3.
Advertisement Relating to Offsite Uses / Third Party Advertisements
The conditions to be applied to the erection or display of Third Party advertisements
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)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
(22 June 2017)
SCHEDULE C: Use Zone Tables
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the preservation of the amenities of the surrounding area.
(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
advertisements.
4.
Temporary Advertisement
Temporary advertisement located in this Use Zone shall be issued under the
following conditions:
(a)
The permit will be for a maximum period of three (3) months and the
advertisement is to be removed for a minimum of six (6) months before an
application will be considered for the same site. (Only one (1) advertisement
will be permitted per site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement must be located within the lot boundary and each
application will be assessed on its own merits based on the specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection must be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
5.
Apartments attached to Businesses
Where apartments are attached to businesses, they are required to meet the
Residential High Density (RHD) Zone requirements for apartment buildings for floor
(22 June 2017)
SCHEDULE C: Use Zone Tables
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area and overall residential densities. A portion of the structure or site, equivalent to
thirty (30) percent of the floor area of the dwelling units shall be developed as
amenity areas which are properly designed indoor and/or outdoor spaces for the use
of the tenants and includes balconies, roof terraces, recreation rooms and
playgrounds. This amenity area shall be calculated or included as part of the lot
area, so that the lot area required in these regulations shall include the Amenity Area.
6.
Boarding House Residential
(a)
Each boarding house/lodging shall and Bed and Breakfast shall comply with
the National Building Code of Canada, the National Fire Code of Canada, the
National Plumbing Code of Canada and the Life Safety Code as adopted by
the Authority.
(b)
One parking space shall be required for each room that is available to be
rented to a boarder or as a Bed and Breakfast guest room/suite. The
minimum required parking for the dwelling use must continue to be met.
7.
Catering
Only restaurants of this use classification shall be permitted as a discretionary use in
this zone.
8.
Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following
conditions:
(a)
The store shall form part of, or be attached to a dwelling unit.
(b)
The retail use shall be subsidiary to the residential character of the area, and
shall not affect residential amenities of adjoining properties.
(c)
Advertisement to the building shall not exceed three square metres in area.
SCHEDULE C: Use Zone Tables
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(d)
A minimum of 2 off-street parking spaces is required for the use of customers
or as is set out in Schedule D, whichever is the greater. This requirement is in
addition to the parking requirements for the dwelling.
(e)
A maximum of 25 percent of the habitable floor area of the dwelling up to a
maximum floor area of 45 sq. metres may be used as a convenience store.
The minimum required floor area of the dwelling must continue to be met.
9.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation
62, Accessory Residential Buildings, in Part II of these Development Regulations.
10.
Home Occupations/Home Office
Home based occupations include the following: home office, personal service,
medical and professional service, family child care. A home based occupation or
home office may be permitted at the discretion of council, subject to the following
conditions:
(a)
The use is clearly a subsidiary use to the single dwelling, double dwelling, row
dwelling use classes and does not detract from the residential character of
the neighbourhood.
(b)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the permitted use and that no repairs to vehicles
or heavy equipment are carried out.
(c)
The use does not alter the residential appearance or require external
modification of the dwelling unit.
(d)
Activities associated with the use shall be carried out inside the dwelling unit
or inside a building separate from the dwelling unit but on the same lot.
SCHEDULE C: Use Zone Tables
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(e)
Not more than twenty-five percent of the floor area of the dwelling unit up to a
maximum of forty-five square metres is devoted to the use. The dwelling unit
must continue to meet the dwelling unit minimum floor area requirements.
(f)
The use is operated by a resident of the dwelling unit and does not employ
more than one person in addition to the resident on site.
(g)
Office uses shall be limited to small business services and professional
offices.
(h)
Personal Service uses for the purpose of this condition shall include small
scale production of baked goods, handmade articles such as clothing and arts
and crafts and small business services.
(i)
There is no outside storage of goods or materials on the lot.
(j)
The use shall not generate traffic, sewerage or water use in excess of what is
normal in the residential area and can be accommodated by the existing
municipal road, water and sewer services.
(k)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust or fumes, nor cause electrical interference or in
any other way result in a nuisance to the occupants of surrounding
residences.
(l)
One building only, separate from the dwelling unit, may be used in connection
with a Personal Service use and shall conform to the Accessory Building
condition for this use zone.
(m)
No sign will be permitted other than a name plate not exceeding 0.22 m in
area which is attached to the principal building. No illumination of the sign
will be permitted.
(n)
The Authority which may require fencing, screening or separation to protect
SCHEDULE C: Use Zone Tables
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the amenity of adjacent uses.
(o)
Parking requirements are as set out in Schedule D, however a minimum of
one space is required for a home occupation. The minimum required parking
for the dwelling unit must continue to be met.
(p)
No change in type, class or extent of the use shall be permitted except in
accordance with a development permit issued by the Authority.
(q)
Family child care occupations shall be limited to a maximum of six children
and shall conform to the guidelines and standards as set out by the province
of Newfoundland and Labrador's Health and Community Services
Department.
(r)
A maximum of fifty percent (50%) of the total floor area may be utilized for
family child care.
11.
Floor Area
Single, double and row dwellings shall meet the Residential High Density development
standards for floor area.
12.
Apartment Buildings
Apartment buildings in the Downtown Residential Zone shall meet the Residential
High Density development standards for any required standard(s), with the exception
of the side yard requirement, which shall be no less than five (5) meters each side,
not specified in the Use Zone Table.
13.
Porches and Verandahs in Front of Building Line of Dwelling Unit
(a)
A porch, with a maximum floor area of 3 square metres, may be permitted to
project a maximum of 1.2 metres into the front setback area or 1.2 metres in
front of the established building line setback, whichever is in effect for the
SCHEDULE C: Use Zone Tables
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property, provided the area will not be utilized as a habitable part of a
dwelling.
(b)
A porch must be enclosed with walls and a roof.
(c)
A verandah may be permitted to project a maximum of 1.2 metres into the
front setback area or 1.2 metres in front of the established building line
setback, whichever is in effect for the property.
(d)
A verandah may not be enclosed with walls and/or windows; however, a mesh
screen
material may be attached to the exterior sides of the verandah.
(e)
No part of the verandah may be used as a habitable room.
(f)
A verandah may extend across the entire front facade of the main dwelling,
subject to the conditions listed.
(g)
A combination of porch and verandah may be permitted, subject to (a) and (c)
above, provided that the area of the porch section of the structure does not
exceed a maximum of 3 square metres.
(h)
The closest point of any part of a porch or verandah shall be a minimum of 5
metres from the front property boundary.
14.
Deck in Front of Building Line of Single or Double Dwelling
A deck may be permitted to project in front of the building line of a single or double
dwelling subject to the following conditions:
(a)
A deck shall be no closer than 4 metres to the street line and the maximum
distance a deck may project in front of the building line shall be 3.6 metres.
(b)
The maximum floor height of a deck shall be equal to the level of the main
floor of the dwelling or such lower level as the Authority may consider
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appropriate.
(c)
The maximum height of any part of the deck shall be 1.2 metres above the
deck's floor level, with the exception of part of the structure necessary to
support a second storey deck, above the main floor deck.
(d)
The maximum width of a deck shall be 3.6 metres.
(e)
The Authority may require the area beneath the floor of the deck to be
enclosed in order to maintain a neat and tidy appearance.
(f)
A deck shall not be used for storage purposes.
(g)
The Authority may require all decks permitted under this condition, or all
decks on a particular street or in a neighbourhood to be constructed with
specified materials and be of a specific colour or finish in order to maintain
amenity.
(h)
The closest point of any deck shall be a minimum of 1.2 metres from the side
property boundary, with the exception of a deck that is necessary to provide
access to a door exiting into the side yard.
15.
Rear Yard
At the discretion of the Authority:
(a)
The rear yard depth may be measured from the closest point of that portion of
the rear wall of the main building which forms a minimum of 66% of the
length of the elevation of the rear wall.
(b)
An extension from the rear wall of the main building on the lot comprising no
greater than 34% of the length of the rear wall elevation and extending no
greater than 2 metres into the rear yard area may be permitted.
SCHEDULE C: Use Zone Tables
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(c)
The rear yard distance for apartment buildings shall be measured from the
closest point of the rear wall of the main building which forms a minimum of
85% of the rear wall.
16.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
SCHEDULE C: Use Zone Tables
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USE ZONE TABLES
140.
DOWNTOWN COMMERCIAL
PERMITTED USE CLASSES (See Regulation 127)
Theatre, cultural and civic, general assembly, place of worship, passenger assembly, club
and lodge, catering, funeral home, child care, commercial residential, office, medical and
professional, personal service, general service, communications, police station, taxi stand,
take-out food service, veterinary, shopping centre, shop, indoor market, conservation,
convenience store.
DISCRETIONARY USE CLASSES (See Regulations 26 and 128)
Educational, amusement, indoor assembly, apartment building*, collective residential,
outdoor market, service station, recreational open space, antenna, boarding house
residential, single, double and row dwelling, medical treatment and special care**,
animal***
*(See condition no. 10) **(See condition no. 14) ***(See condition no. 15)
CONDITIONS
1.
Development Standards
(a)
The development standards for this zone shall be as follows:
(i)
Minimum Building Line Setback
0 metres
(ii)
Maximum Building Line Setback
4 metres
(iii)
Minimum Side yard width (except where buildings
are constructed with a party wall)
2 & 5 metres
(iv)
Minimum Rear yard
10 metres
(v)
Maximum Height
24 metres
SCHEDULE C: Use Zone Tables
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2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of advertisements on any
lot or site occupied by a use permitted or existing as a legal non-conforming use in
this use zone shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of the adjacent streets and sidewalk and the general
amenities of the surrounding areas.
(b)
Building advertisements shall not exceed eight (8) percent of the building
facade area. This includes name/occupant of the building plus additional
advertisements that may be on the lot and/or building, however, excludes a
temporary advertisement.
(c)
Onsite advertisement is not to exceed five (5) square metres in area. This five
(5) square metres is to be part of the eight (8) percent as described in Section
(b) above.
(d)
Notwithstanding (b) and (c) above;
Advertisement on any lot may be permitted up to 3 square metres in area
regardless of building facade area.
3.
Advertisement Relating to Offsite Uses / Third Party Advertisements
The conditions to be applied to the erection or display of Third Party advertisements
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)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
(22 June 2017)
SCHEDULE C: Use Zone Tables
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the preservation of the amenities of the surrounding area.
(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
advertisements.
4.
Temporary Advertisement
Temporary advertisement located in this Use Zone shall be issued under the
following conditions:
(a)
The permit will be for a maximum period of three (3) months and the
advertisement is to be removed for a minimum of six (6) months before an
application will be considered for the same site. (Only one (1) advertisement
will be permitted per site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement must be located within the lot boundary and each
application will be assessed on its own merits based on the specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection must be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
5.
Apartments Attached to Shops or Businesses
Where apartments are attached to shops or other businesses, they are required to
meet the Residential High Density (RHD) Zone requirements for apartment buildings
for floor area and overall residential densities. A portion of the structure or site,
equivalent to thirty (30) percent of the floor area of the dwelling units shall be
(22 June 2017)
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developed as Amenity Areas which are properly designed indoor and/or outdoor
spaces for the use of the tenants and includes balconies, roof terraces, recreation
rooms and playgrounds. This Amenity Area shall be calculated or included as part of
the lot area, so that the lot area required in these regulations shall include the
Amenity Area.
6.
Boarding House Residential
(a)
Each boarding house/lodging house or Bed and Breakfast shall comply with
the National Building Code of Canada, the National Fire Code of Canada, the
National Plumbing Code of Canada and the Life Safety Code as adopted by
the Authority.
(b)
One parking space shall be required for each room that is available to be
rented to a boarder or as a Bed and Breakfast guest room/suite. The
minimum required parking for the dwelling use must continue to be met.
7.
Overhanging Advertisements and Canopies on City Right-of-Ways
(a)
Permission to erect overhanging advertisements or canopies on street
reservations shall be subject to a license agreement between the City and the
owner or tenant of the property or "lessee."
(b)
(i)
An overhanging advertisement shall not exceed 2.7 square metres in
area and shall not project more than 1 metre from the building facia
including attachments.
(ii)
Overhanging advertisements shall be restricted to the onsite use.
(iii)
A canopy shall not project more than 1.2 metres from the building
facia including attachments.
(c)
The general appearance of an advertisement or canopy shall be assessed
considering the amenity of the surroundings, availability of utilities, public
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safety and convenience. It must also be aesthetically pleasing.
(d)
Overhanging advertisements or canopies containing advertisements shall
form part of the maximum allowable advertisement for the site (reference 2
(ii) relating to advertisement of Onsite Uses).
(e)
The Authority may conditionally approve or refuse any overhanging
advertisement or canopy on street reservations.
(f)
For the purpose of this zone, overhanging advertisements shall be permitted
over street reservations.
8.
Front Setback and Rear Yard
When infilling (new development) or redeveloping (replacing the previous development on
the site) in the Downtown, the Authority reserves the discretion to decrease the front setback
and rear yard standards where the Authority is satisfied that the location of the building on
the site can be constructed to be consistent with surrounding development and where public
safety and amenity are maintained. Parking will be as specified by the Authority.
9.
Side yard
When infilling, (new development), redeveloping (replacing the previous development) on
the site, or extending or repairing an existing development in the Downtown Commercial,
the Authority reserves the discretion to decrease the side yard standard to the side
property boundary where the Authority is satisfied that the location of the building on the
site can be constructed to be consistent with surrounding development and where public
safety and amenity are not compromised. Other relevant factors will also be taken into
consideration including, but not limited to, the condition, function and aesthetic or design
of any adjacent development.
SCHEDULE C: Use Zone Tables
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10.
Apartment Buildings
Apartment buildings in the Downtown Commercial zone shall meet the Residential
High Density development standards for any required standard(s) not specified in the
Use Zone Table. Parking shall be as specified in Schedule D, unless otherwise
specified by the Authority.
11.
Intensification
(a)
Parking
(i)
Surface or above-grade parking areas will not be permitted between a
public street and the Building Line. Existing parking areas between a
public street and the Building Line are permitted to continue as non-
conforming uses.
(b)
Commercial Ground Floor Height
(i)
For all non-residential uses, the ground floor height (floor-to-ceiling)
must be at least 3.8 metres.
(c)
Regulations for buildings fronting Main Street, Herald Avenue, Broadway and
West Street ('the Shopping Streets') notwithstanding the general regulations
of this zone, the following conditions apply to buildings fronting Main Street,
Herald Avenue, Broadway and West Street:
(i)
Drive-thru uses will not be permitted. Existing drive-thru uses are
permitted to continue as non-conforming uses.
(ii)
Maximum Building Height: 16 metres (5 storeys).
(iii)
Where Building Height exceeds 10 metres, the building must be set
back an additional 1.5 metres from the ground floor façade.
SCHEDULE C: Use Zone Tables
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(iv)
Minimum building height: 6.5 metres or two-storeys.
(v)
Notwithstanding condition 14(b) above, buildings located on the west
side of West Street may not exceed 10 metres (3 storeys) to protect
views to Three Bear Mountain.
(vi) Residential uses will not be permitted on the ground floor.
(vii) A minimum of 60% of the building frontage onto the street must be
glazed
12.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 61,
Accessory Commercial and Industrial Buildings, in Part II of these Development
Regulations.
13.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
14.
Medical Treatment and Special Care
The medical treatment and special care classification of use, limited to children's
homes, convalescent homes, homes for the aged, orphanages, infirmaries, sanatoria
and medical treatment centres, may be permitted at the discretion of the Authority
where they may be considered as a public use, providing a service to the community
and regional area.
15.
Animal
(03 August 2018)
(17 August 2018)
SCHEDULE C: Use Zone Tables
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Animal use in the Downtown Commercial zone pertains only to the exclusive indoor
kenneling of non-canine household pets.
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
141.
DOWNTOWN SMITHVILLE
PERMITTED USE CLASSES (See Regulation 127)
Theatre, cultural and civic, general assembly, place of worship, passenger assembly, club
and lodge, catering, shop, child care, commercial residential**, office, medical and
professional, personal service, general service, communications, police station, indoor
market, outdoor market, conservation, apartment building**
**(See condition no. 7)
DISCRETIONARY USE CLASSES (See Regulations 26 and 128)
Educational, amusement, indoor assembly, collective residential**, recreational open
space, take-out food service, convenience store, animal***, limited manufacturing****
**(See condition no. 7) *** (See condition no.12) ****(See condition no. 13)
CONDITIONS
1.
Development Standards
(a)
Minimum Building Height
6.5 metres or 2-storeys
(b)
Maximum Height
24 metres
(c)
Minimum Building Line Setback
0
metres
(d)
All other development standards to be determined through a Comprehensive
Development Plan
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of advertisements on any
lot or site occupied by a use permitted or existing as a legal non-conforming use in
this use zone shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
(17 August 2018)
SCHEDULE C: Use Zone Tables
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convenience of users of the adjacent streets and sidewalk and the general
amenities of the surrounding areas.
(b)
Building advertisements shall not exceed eight (8) percent of the building
facade area. This includes name/occupant of the building plus additional
advertisements that may be on the lot and/or building, however, excludes a
temporary advertisement.
(c)
Onsite advertisement is not to exceed five (5) square metres in area. This five
(5) square metres is to be part of the eight (8) percent as described in Section
(b) above.
(d)
Notwithstanding (b) and (c) above;
Advertisement on any lot may be permitted up to 3 square metres in area
regardless of building facade area.
3.
Advertisement Relating to Offsite Uses / Third Party Advertisements
The conditions to be applied to the erection or display of Third Party advertisements
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)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
advertisements.
(22 June 2017)
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SCHEDULE C: Use Zone Tables
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4.
Temporary Advertisement
Temporary advertisement located in this Use Zone shall be issued under the
following conditions:
(a)
The permit will be for a maximum period of three (3) months and the
advertisement is to be removed for a minimum of six (6) months before an
application will be considered for the same site. (Only one (1) advertisement
will be permitted per site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement must be located within the lot boundary and each
application will be assessed on its own merits based on the specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection must be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
5.
Non-Conforming Uses
Regulation 82 and/or Regulation 83 apply to legal use of buildings or land as non-
conforming uses in this zone.
6.
Developments and Improvements
(a)
Existing uses within this zone may continue.
SCHEDULE C: Use Zone Tables
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(b)
No major developments or improvements shall take place in this zone until a
Comprehensive Development Plan has been adopted by the Authority for the
entire area or a portion thereof, as the Authority deems necessary.
(c)
Some limited uses may be permitted subject to satisfactory servicing, road
access and fire protection, provided that the uses will not inhibit or prejudice
the remaining land from comprehensive development.
(d)
Costs associated with preparation of a Comprehensive Development Plan
shall be the responsibility of the Applicant.
(e)
A Comprehensive Development Plan shall include land use, road layout,
water, sewer and storm water services, parking, site access, service access,
pedestrian movement and public access to the water's edge, landscaping,
built form, locations of public spaces and development standards.
(f)
A Comprehensive Development Plan for this area shall be supported by a
Land Use Assessment Report, which shall include, but is not limited to,
assessment and mitigation of flood risk and assessment and mitigation of
potential hazardous materials on the site or within the soil. The
Comprehensive Development Plan and Land Use Assessment Report may be
combined.
7.
Residential Uses Restrictions
Residential uses shall not be permitted at or below the ground level of any building in
this zone. Apartment buildings that are not developed as part of a mixed-use commercial
development must utilize the ground floor for non-habitable activities or parking. The ground
floor of commercial residential or collective residential uses shall not be utilized as habitable
rooms.
SCHEDULE C: Use Zone Tables
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8.
Parking
Above-grade or surface parking shall not be permitted between a public street or
public open space and the Building Line.
9.
Drive-Thru Uses
Drive-thru facilities will not be permitted in the Downtown Smithville zone.
10.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 61,
Accessory Commercial and Industrial Buildings, in Part II of these Development
Regulations.
11.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
12.
Animal
Animal Use in the Downtown Smithville zone pertains only to the exclusive indoor
kennelling of non-canine house pets.
13.
Limited Manufacturing Use
A Limited Manufacturing Use in this zone shall not exceeded 250 square metres in
gross floor area.
(15 May 2015)
(17 August 2018)
(29 August 2025)
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
142.
GENERAL COMMERCIAL
PERMITTED USE CLASSES - (see Regulation 127)
Theatre, cultural and civic, passenger assembly, catering, funeral home, child care, office,
medical and professional, personal service, general service, communications, police station,
taxi stand, veterinary, shop**, indoor market, service station, apartments - (attached to
shops or other business), take-out food service and convenience store.
**(See condition no. 9)
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
General assembly, educational, place of worship, amusement, collective residential,
commercial residential, apartment building*, outdoor market, recreational open space,
antenna, club and lodge,
*(See condition no. 6)
CONDITIONS
1.
Development Standards
(a)
The development standards for this zone shall be as follows:
(i)
Minimum Building Line Setback
4 metres
(ii)
Minimum Side yard Width, except where buildings are built with
adjoining party walls
2 & 5 metres
(iii)
Minimum Rear yard Depth
10 metres
(iv)
Maximum Height
15 metres
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of advertisements 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:
SCHEDULE C: Use Zone Tables
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(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of the adjacent streets and sidewalk and the general
amenities of the surrounding areas.
(b)
Building advertisements shall not exceed eight (8) percent of the building
facade area. This includes name/occupant of the building plus additional
advertisements that may be on the lot and/or building, however, excludes a
temporary advertisement.
(c)
Onsite advertisement is not to exceed five (5) square metres in area. This five
(5) square metres is to be part of the eight (8) percent as described in Section
(b) above.
(d)
Notwithstanding (b) and (c) above;
Advertisement on any lot may be permitted up to 3 square metres in area
regardless of building facade area.
3.
Advertisement Relating to Offsite Uses / Third Party Advertisements
The conditions to be applied to the erection or display of Third Party advertisements
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)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
advertisements.
(22 June 2017)
(22 June 2017)
SCHEDULE C: Use Zone Tables
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4.
Temporary Advertisement
Temporary advertisement located in this Use Zone shall be issued under the
following conditions:
(a)
The permit will be for a maximum period of three (3) months and the
advertisement is to be removed for a minimum of six (6) months before an
application will be considered for the same site. (Only one (1) advertisement
will be permitted per site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement must be located within the lot boundary and each
application will be assessed on its own merits based on the specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection must be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
5.
Apartments Attached to Shops or Other Business
Apartments attached to shops or other business are required to meet the Residential
High Density (RHD) Zone requirements for apartment buildings for floor area and
overall residential densities. A portion of the structure or site, equivalent to thirty
(30) percent of the floor area of the dwelling units shall be developed as Amenity
Areas which are properly designed indoor and/or outdoor spaces for the use of the
tenants and includes balconies, roof terraces, recreation rooms and playgrounds.
This Amenity Area shall be calculated or included as part of the lot area, so that the
lot area required in these regulations may include the Amenity Area.
SCHEDULE C: Use Zone Tables
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6.
Apartment Building
Apartment Buildings in this zone shall be required to meet the Residential High
Density standards for all other setbacks not specified in this use zone table. Parking
shall be as required for apartment buildings in Schedule D.
7.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 61,
Accessory Commercial and Industrial Buildings, in Part II of these Development
Regulations.
8.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
9.
Shop
In this zone, the shop classification of use specifically excludes a Licensed Cannabis
Retail use.
(03 August 2018)
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
143.
RESIDENTIAL/COMMERCIAL MIX
PERMITTED USE CLASSES - (See Regulation 127)
Child care, office, medical and professional, personal service, general service, taxi stand,
shop**, apartment building, take-out food service, convenience store, single dwelling*
double dwelling*.
*(See condition no. 12) **(See condition no.17)
DISCRETIONARY USE CLASSES - (See Regulations 26 and 128)
Veterinary, educational, amusement, commercial residential, boarding house residential,
communications, antenna, club and lodge, row dwelling, home based occupation*,
catering**, service station***.
*(See condition no.6) **(See condition no. 10) ***(See condition no. 13)
CONDITIONS
1.
Development Standards
(a)
The development standards for this Zone shall be as follows:
(i)
Minimum Building Line Setback
6 metres
(ii)
Minimum Sideyard Width
2 & 3 metres
(iii)
Minimum Rearyard Depth
10 metres
(iv)
Maximum Height
8 metres
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of advertisements on any
lot or site occupied by a use permitted or existing as a legal non-conforming use in
this use zone shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
SCHEDULE C: Use Zone Tables
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convenience of users of the adjacent streets and sidewalk and the general
amenities of the surrounding areas.
(b)
Building advertisements shall not exceed eight (8) percent of the building
facade area. This includes name/occupant of the building plus additional
advertisements that may be on the lot and/or building, however, excludes a
temporary advertisement.
(c)
Onsite advertisement is not to exceed five (5) square metres in area. This five
(5) square metres is to be part of the eight (8) percent as described in Section
(b) above.
(d)
Not withstanding (b) and (c) above;
Advertisement on any lot may be permitted up to 3 square metres in area
regardless of building facade area.
3.
Advertisement Relating to Offsite Uses/ Third Party Advertisements
The conditions to be applied to the erection or display of Third Party advertisements
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)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
advertisements.
4.
Temporary Advertisement for Commercial Uses Only
Temporary advertisements relating to commercial uses located in this Zone shall be
(22 June 2017)
(22 June 2017)
SCHEDULE C: Use Zone Tables
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issued under the following conditions:
(a)
The permit will be for a maximum period of three (3) months and the
advertisement is to be removed for a minimum of six (6) months before an
application will be considered for the same site. (Only one (1) advertisement
will be permitted per site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement must be located within the lot boundary and each
application will be assessed on its own merits based on the specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection must be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
5.
Apartments Attached to Shops or Other Businesses
Apartments attached to shops or other businesses are required to meet the
Residential High Density (RHD) Zone requirements for apartment buildings for floor
area and overall residential densities. A portion of the structure or site, equivalent to
thirty (30) percent of the floor area of the dwelling units shall be developed as
Amenity Areas which are properly designed indoor and/or outdoor spaces for the use
of the tenants and includes balconies, roof terraces, recreation rooms and
playgrounds. This Amenity Area shall be calculated or included as part of the lot
area, so that the lot area required in these regulations may include the Amenity Area.
6.
Home Occupations/Home Office
Home based occupations include the following: home office, personal service,
medical and professional service, family child care. A home based occupation or
SCHEDULE C: Use Zone Tables
Page 207
home office may be permitted at the discretion of council, subject to the following
conditions:
(a)
The use is clearly a subsidiary use to the single dwelling, double dwelling, row
dwelling use classes and does not detract from the residential character of
the neighbourhood.
(b)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the permitted use and that no repairs to vehicles
or heavy equipment are carried out.
(c)
The use does not alter the residential appearance or require external
modification of the dwelling unit.
(d)
Activities associated with the use shall be carried out inside the dwelling unit
or inside a building separate from the dwelling unit but on the same lot.
(e)
Not more than twenty-five percent of the floor area of the dwelling unit up to a
maximum of forty-five square metres is devoted to the use. The dwelling unit
must continue to meet the dwelling unit minimum floor area requirements.
(f)
The use is operated by a resident of the dwelling unit and does not employ
more than one person in addition to the resident on site.
(g)
Office uses shall be limited to small business services and professional
offices.
(h)
Personal Service uses for the purpose of this condition shall include small
scale production of baked goods, handmade articles such as clothing and arts
and crafts and small business services.
(i)
There is no outside storage of goods or materials on the lot.
(j)
The use shall not generate traffic, sewerage or water use in excess of what is
normal in the residential area and can be accommodated by the existing
SCHEDULE C: Use Zone Tables
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municipal road, water and sewer services.
(k)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust or fumes, nor cause electrical interference or in
any other way result in a nuisance to the occupants of surrounding
residences.
(l)
One building only, separate from the dwelling unit, may be used in connection
with a Personal Service use and shall conform to the Accessory Building
condition for this use zone.
(m)
No sign will be permitted other than a name plate not exceeding 0.22 m in
area which is attached to the principal building. No illumination of the sign
will be permitted.
(n)
The Authority which may require fencing, screening or separation to protect
the amenity of adjacent uses.
(o)
Parking requirements are as set out in Schedule D, however a minimum of
one space is required for a home occupation. The minimum required parking
for the dwelling unit must continue to be met.
(p)
No change in type, class or extent of the use shall be permitted except in
accordance with a development permit issued by the Authority.
(q)
Family child care occupations shall be limited to a maximum of six children
and shall conform to the guidelines and standards as set out by the province
of Newfoundland and Labrador's Health and Community Services
Department.
(r)
A maximum of fifty percent (50%) of the total floor area may be utilized for
family child care.
SCHEDULE C: Use Zone Tables
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7.
Boarding House Residential
(a)
Each boarding house/lodging house or Bed and Breakfast shall comply with
the National Building Code of Canada, the National Fire Code of Canada, the
National Plumbing Code of Canada and the Life Safety Code as adopted by
the Authority.
(b)
One parking space shall be required for each room that is available to be
rented to a boarder or as a Bed and Breakfast guest room/suite. The
minimum required parking for the dwelling use must continue to be met.
8.
Porches and Verandahs in Front of Building Line of Dwelling Unit
(a)
A porch, with a maximum floor area of 3 square metres, may be permitted to
project a maximum of 1.2 metres into the front setback area or 1.2 metres in
front of the established building line setback, whichever is in effect for the
property, provided the area will not be utilized as a habitable part of a
dwelling.
(b)
A porch must be enclosed with walls and a roof.
(c)
A verandah may be permitted to project a maximum of 1.2 metres into the
front setback area or 1.2 metres in front of the established building line
setback, whichever is in effect for the property.
(d)
A verandah may not be enclosed with walls and/or windows; however, a mesh
screen material may be attached to the exterior sides of the verandah.
(e)
No part of the verandah may be used as a habitable room.
(f)
A verandah may extend across the entire front facade of the main dwelling,
subject to the conditions listed.
(g)
A combination of porch and verandah may be permitted, subject to (a) and (c)
above, provided that the area of the porch section of the structure does not
exceed a maximum of 3 square metres.
SCHEDULE C: Use Zone Tables
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(h)
The closest point of any part of a porch or verandah shall be a minimum of 5
metres from the front property boundary.
9.
Deck in Front of Building Line of Single or Double Dwelling
A deck may be permitted to project in front of the building line of a single or double
dwelling subject to the following conditions:
(a)
A deck shall be no closer than 4 metres to the street line and the maximum
distance a deck may project in front of the building line shall be 3.6 metres.
(b)
The maximum floor height of a deck shall be equal to the level of the main
floor of the dwelling or such lower level as the Authority may consider
appropriate.
(c)
The maximum height of any part of the deck shall be 1.2 metres above the
deck's floor level, with the exception of part of the structure necessary to
support a second story deck, above the main floor deck.
(d)
The maximum width of a deck shall be 3.6 metres.
(e)
The Authority may require the area beneath the floor of the deck to be
enclosed in order to maintain a neat and tidy appearance.
(f)
A deck shall not be used for storage purposes.
(g)
The Authority may require all decks permitted under this condition, or all
decks on a particular street or in a neighbourhood to be constructed with
specified materials and be of a specific colour or finish in order to maintain
amenity.
(h)
The closest point of any deck shall be a minimum of 1.2 metres from the side
property boundary, with the exception of a deck that is necessary to provide
access to a door exiting into the side yard.
SCHEDULE C: Use Zone Tables
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10.
Rear Yard
At the discretion of the Authority:
(a)
The rear yard depth may be measured from the closest point of that portion of
the rear wall of the main building which forms a minimum of 66% of the
length of the elevation of the rear wall.
(b)
An extension from the rear wall of the main building on the lot comprising no
greater than 34% of the length of the rear wall elevation and extending no
greater than 2 metres into the rear yard area may be permitted.
(c)
The rear yard distance for apartment buildings shall be measured from the
closest point of the rear wall of the main building which forms a minimum of
85% of the rear wall.
11.
Catering
Only restaurants of this use classification shall be permitted as a discretionary use in
this zone.
12.
Single and Double Dwelling
In order to conform to the surrounding residential character and amenity in adjacent
residential zones, when determining development standards for single and double
dwellings, other than those listed in the use zone table, either the Residential
Medium Density or Residential High Density development standards may be applied.
13.
Service station
Service stations in this use zone shall be restricted to sites that are able to provide
the required minimum buffer area for industrial uses in proximity to residential uses
or zones, in accordance with Regulation 65.
SCHEDULE C: Use Zone Tables
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14.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of either
Regulation 62 - Accessory Residential Buildings, or Regulation 61 - Accessory
Commercial and Industrial Buildings, in Part II of these Development Regulations,
depending on whether the accessory building is being developed on a residential or a
commercial lot.
15.
Intensification
The Authority reserves the right to reduce the front yard setback requirements for
single and double dwellings to that of the Residential High Density standards subject
to:
(a)
the proposed development includes no more than 3 single lots or 2 double lots in
connection, and
(b)
the side yard width and rear yard depth requirements of the zone are maintained.
(c)
At the discretion of the Authority, the front setback distance may be increased where
the new dwelling on the lot meets the minimum required frontage, side yard, and rear
yard standards for an intensification development. If the setback is substantial due
to an especially large or deep lot, adequate buffering in the form of fencing,
vegetation or other screening, shall be provided by the developer of the
intensification property in order to protect the aesthetics, amenity, privacy and
function of the adjoining properties or neighbourhood.
16.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
SCHEDULE C: Use Zone Tables
Page 213
17.
Shop
In this zone, the shop classification of use specifically excludes a Licensed Cannabis
Retail use
(03 August 2018)
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
144.
HIGHWAY AND TOURIST COMMERCIAL
PERMITTED USE CLASSES - (see Regulation 127)
Passenger assembly, catering, commercial residential, police station, service station.
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Personal service, general service, taxi stand, take-out food service, convenience store,
indoor market, outdoor market, recreational open space, antenna.
CONDITIONS
1.
Development Standards
(a)
The development standards for this zone shall be as follows:
(i)
Minimum Building Line Setback
15 metres
(ii)
Minimum Side yard Width
2 & 5 metres
(iii)
Minimum Rear yard Depth
10 metres
(iv)
Maximum Height
10 metres
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming use
in this use zone, shall be as follows:
(a) The size, shape, illumination and material construction of the advertisement shall
meet the requirements of the Authority, having regard to the safety and con-
venience of users of adjacent streets and sidewalks, and the general amenities of
the surrounding area.
SCHEDULE C: Use Zone Tables
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(b)
Building advertisements shall not exceed eight (8) percent of the building
facade area. This includes name/occupant of the building plus additional
advertisements that may be on the lot and/or building, however, excludes a
temporary advertisement.
(c)
Onsite advertisement is not to exceed five (5) square metres in area. This five
(5) square metres is to be part of the eight (8) percent as described in Section
(b) above.
(d)
Not withstanding (b) and (c) above;
Advertisement on any lot may be permitted up to 3 square metres in area
regardless of building facade area.
3.
Advertisement Relating to Offsite Uses/ Third Party Advertisements
The conditions to be applied to the erection or display of Third Party advertisements
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)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
advertisements.
(22 June 2017)
(22 June 2017)
SCHEDULE C: Use Zone Tables
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4.
Temporary Advertisement
Temporary advertisement located in this Use Zone shall be issued under the
following conditions:
(a)
The permit will be for a maximum period of three (3) months and the
advertisement is to be removed for a minimum of six (6) months before an
application will be considered for the same site. (Only one (1) advertisement
will be permitted per site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement must be located within the lot boundary and each
application will be assessed on its own merits based on the specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection must be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
5.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 61,
Accessory Commercial and Industrial Buildings, in Part II of these Development
Regulations.
6.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
145.
SHOPPING CENTER
PERMITTED USE CLASSES - (see Regulation 127)
Shopping centre, shop* *(See condition no.6)
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Service station, antenna, taxi stand, catering
CONDITIONS
1.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming use
in this use zone shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(b)
Building advertisement coverage shall not exceed eight (8) percent of the
building facade area. (This includes name/occupant of the building plus
additional advertisements that may be on the lot and/or building, however,
excludes a temporary sign).
(c)
Onsite advertisement would be at the discretion of the Authority, but is not to
exceed ten (10) square metres in area. This ten (10) square metres is to be
part of the eight (8) percent as described in Section (b) above.
(d)
Notwithstanding (b) and (c) above;
Advertisement on any lot may be permitted up to 3 square metres in area at
SCHEDULE C: Use Zone Tables
Page 218
the discretion of the Authority, regardless of building facade area.
(e)
Not withstanding (b) and (c) and (d) above;
The Authority reserves the right to permit three (3) on-site advertisements to a
maximum of 12 square metres each, where, in the opinion of the Authority,
the size of the sign is appropriate to the use and size of the development and
will not detract from the site or present a nuisance by its size and illumination,
to the adjacent properties. The Authority reserves the right to give public
notice when considering the advertisement.
2.
Advertisements Relating to Offsite Uses / Third Party Advertisement
The conditions to be applied to the erection or display of Third Party advertisements
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)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
advertisements.
3.
Temporary Advertisement
Temporary advertisement located in this Use Zone shall be issued under the
following conditions:
(a)
The permit will be for a maximum period of three (3) months and the
advertisement is to be removed for a minimum of six (6) months before an
application will be considered for the same site. (Only one (1) advertisement
(22 June 2017)
(22 June 2017)
SCHEDULE C: Use Zone Tables
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will be permitted per site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement must be located within the lot boundary and each
application will be assessed on its own merits based on the specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection must be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
4.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 61,
Accessory Commercial and Industrial Buildings, Part II of these Development
Regulations.
5.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
6.
Shop
In this zone, the shop classification of use specifically excludes a Licensed Cannabis
Retail use
(03 August 2018)
SCHEDULE C: Use Zone Tables
Page 220
USE ZONE TABLE
146.
LARGE SCALE COMMERCIAL
PERMITTED USE CLASSES - (see Regulation 127)
Shopping Centre, shop
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Service station, antenna, taxi stand, theatre, office, catering, commercial residential*
general industry**
*(See condition no. 4) **(See condition no. 5)
CONDITIONS
1.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming use
in this use zone shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(b)
Building advertisement coverage shall not exceed eight (8) percent of the
building facade area. (This includes name/occupant of the building plus
additional advertisements that may be on the lot and/or building, however,
excludes a temporary sign).
(c)
Onsite advertisement would be at the discretion of the Authority, but is not to
exceed ten (10) square metres in area. This ten (10) square metres is to be
part of the eight (8) percent as described in Section (b) above.
(d)
Notwithstanding (b) and (c) above;
SCHEDULE C: Use Zone Tables
Page 221
Advertisement on any lot may be permitted up to 3 square metres in area at
the discretion of the Authority, regardless of building facade area.
(e)
Notwithstanding (b) and (c) and (d) above;
The Authority reserves the right to permit three (3) on-site advertisements to a
maximum of 12 square metres each, where, in the opinion of the Authority,
the size of the sign is appropriate to the use and size of the development and
will not detract from the site or present a nuisance by its size and illumination,
to the adjacent properties. The Authority reserves the right to give public
notice when considering the advertisement.
2.
Advertisements Relating to Offsite Uses / Third Party Advertisements
The conditions to be applied to the erection or display of Third Party advertisements
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)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
advertisements.
3.
Temporary Advertisement
Temporary advertisement located in this Use Zone shall be issued under the
following conditions:
(a)
The permit will be for a maximum period of three (3) months and the
advertisement is to be removed for a minimum of six (6) months before an
(22 June 2017)
(22 June 2017)
SCHEDULE C: Use Zone Tables
Page 222
application will be considered for the same site. (Only one (1) advertisement
will be permitted per site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement must be located within the lot boundary and each
application will be assessed on its own merits based on the specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection must be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
4.
Commercial residential
Commercial residential uses, limited to hotels and motels, may be permitted at the
discretion of the Authority at suitable locations in the Large Scale Commercial zone
provided that they are complementary to uses within the permitted use class or that
their development will not inhibit or prejudice the existence of the development of
such uses. Furthermore, commercial residential uses may only be considered at
appropriate sites which have adequate water, sewer, and fire protection services
necessary for the size and scale of the development and that meet with the
satisfaction of the Authority. The use must be accessible by fire department and
other emergency vehicles. All parking for commercial residential uses must be
available within the lot on which the use is developed. Commercial residential uses
may not be located adjacent to or near any industrial use, as determined by the
Authority, if such adjacent or nearby use involves the bulk storage of hazardous
materials which may be considered to pose a danger or nuisance to users of the
commercial residential use. Adequate buffering and/or screening may be required
between commercial residential uses and existing industrial uses and such buffering
shall be installed and maintained as the developer's (of the commercial residential
SCHEDULE C: Use Zone Tables
Page 223
lot) responsibility.
5.
General Industry
Uses in this classification shall be restricted to vehicle dealerships with a maximum
of 200 vehicles on-site, including cars and light passenger trucks and may include,
as an accessory use, the sale and supply of other motorized vehicles, to be included
in the total number of vehicles permitted on the lot, and may also include attached
service bay areas or garages for the servicing and repair of vehicles.
6.
Accessory Building
Accessory buildings in this zone shall conform to the requirements of Regulation 61,
Accessory Commercial and Industrial Buildings, Part II of these Development
Regulations.
7.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
(27 February 2015)
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
147.
WATERFRONT MIXED USE
PERMITTED USE CLASSES - (See Regulation no. 127)
Theatre, cultural and civic, indoor assembly, outdoor assembly, place of worship,
educational, passenger assembly, club and lodge, catering, child care, commercial
residential, office, personal service, general service, police station, take-out food
service, shop**, indoor market, outdoor market, conservation, recreational open
space, convenience store (accessory use only), light industry*, general industry*
* (See condition no. 8) **(See condition no. 14)
DISCRETIONARY USE CLASSES - (See Regulation no. 26 and 128)
Medical and professional, communications, amusement, collective residential,
apartment building*
*(See condition no. 7)
CONDITIONS
1.
Development Standards
(a)
Maximum Height
20 metres
(b)
Minimum Building Line Setback
0 metres
(c)
Minimum Building Setback from the water's edge*
10 metres
(d)
All other development standards to be determined through a Comprehensive
Waterfront Development Plan
* as defined by the ordinary high water mark
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of advertisements 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:
(22 June 2017)
SCHEDULE C: Use Zone Tables
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(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of the adjacent streets and sidewalk and the general
amenities of the surrounding areas.
(b)
Building advertisements shall not exceed eight (8) percent of the building
facade area. This includes name/occupant of the building plus additional
advertisements that may be on the lot and/or building, however, excludes a
temporary advertisement.
(c)
Onsite advertisement is not to exceed five (5) square metres in area. This five
(5) square metres is to be part of the eight (8) percent as described in Section
(b) above.
(d)
Notwithstanding (b) and (c) above;
Advertisement on any lot may be permitted up to 3 square metres in area
regardless of building facade area.
3.
Advertisement Relating to Offsite Uses / Third Party Advertisements
The conditions to be applied to the erection or display of Third Party advertisements
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)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
advertisements.
(22 June 2017)
(22 June 2017)
SCHEDULE C: Use Zone Tables
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4.
Temporary Advertisement
Temporary advertisement located in this Use Zone shall be issued under the
following conditions:
(a)
The permit will be for a maximum period of three (3) months and the
advertisement is to be removed for a minimum of six (6) months before an
application will be considered for the same site. (Only one (1) advertisement
will be permitted per site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement must be located within the lot boundary and each
application will be assessed on its own merits based on the specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection must be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
5.
Non-Conforming Uses
Regulation 82 and/or Regulation 83 apply to legal use of buildings or land as non-
conforming uses in this zone.
6.
Developments and Improvements
(a)
No major developments or improvements shall take place in this zone until a
Comprehensive Development Plan has been adopted by the Authority for the
(22 June 2017)
SCHEDULE C: Use Zone Tables
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entire area or a portion thereof of the Waterfront Mixed Use Zone, as the
Authority deems necessary.
(b)
Some limited uses may be permitted subject to satisfactory servicing, road
access and fire protection, provided that the uses will not inhibit or prejudice
the remaining land from comprehensive development. No development shall
be permitted in the Curling Waterfront Mixed Use Zone area prior to approval
of a Comprehensive Development Plan by the Authority.
(c)
Costs associated with preparation of a Comprehensive Development Plan
shall be the responsibility of the applicant and /or the developer.
(d)
Notwithstanding, conditions 2 (a), (b), and (c) above, development proposals
for light-industrial or commercial uses in the defined as The Port Waterfront
Mixed Use Zone may be approved prior to the preparation and approval of the
Comprehensive Development Plan, provided that they are in keeping with the
vision, goals and policies of this Plan.
(e)
A Comprehensive Development Plan for the Waterfront Mixed Use Zone shall
include land use, road layout, water, sewer and stormwater services, fire
protection parking, site access, service access, pedestrian movement and
public access to the water's edge, landscaping, built form, locations of public
spaces and development standards.
7.
Residential Uses in The Port
Residential uses shall not be permitted in The Port Waterfront Mixed-Use area.
8.
Industrial Uses
It is preferred that industrial uses permitted under this standard are marine related
in order to best utilize the unique attributes of waterfront locations.
9.
Public Access
All Comprehensive Development Plans shall provide for continuous public access to
the water's edge, except where there is a significant risk to public safety or where
(22 June 2017)
SCHEDULE C: Use Zone Tables
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public access would inhibit the commercial function of The Port.
10.
Public Open Space
The City of Corner Brook shall require dedication of a minimum of public open space
as part of any Comprehensive waterfront Development Plan. Dedication of the public
open space will be required prior to issuance of a building permit of any significant
development in the area.
11.
Parking
Above-grade or surface parking shall not be permitted between a public street or
public open space and the Building Line.
12.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 60,
Accessory Buildings - General, in Part II of these Development Regulations.
13.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
14.
Shop
In this zone, the shop classification of use specifically excludes a Licensed Cannabis
Retail use
(03 August 2018)
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
148.
GENERAL INDUSTRIAL
PERMITTED USE CLASSES (see Regulation 127)
General industry, service station, light industry, taxi stand, passenger assembly and
animal.
DISCRETIONARY USE CLASSES (see Regulations 26 and 128)
Outdoor assembly, Transportation, catering, child care, all use classes in the
business and personal service uses group, shop****, recreational open space,
antenna, convenience store, hazardous industry*, commercial residential**,
amusement, general assembly***.
*(See condition no. 6) ** (See condition no. 8) *** (See condition no. 9)
****(See condition no.12)
CONDITIONS
1.
Development Standards
(a)
The development standards for this zone shall be as follows:
(i)
Minimum Building Line Setback
10 metres
(ii)
Minimum Side yard Width
2 and 5 metres
(iii)
Minimum Rear yard Depth
15 metres
(iv)
Maximum Height
15 metres
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of advertisements on any
lot or site occupied by a use permitted or existing as a legal non-conforming use in
this use zone shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
(03 August 2018)
SCHEDULE C: Use Zone Tables
Page 230
convenience of users of the adjacent streets and sidewalk and the general
amenities of the surrounding areas.
(b)
Building advertisements shall not exceed eight (8) percent of the building
facade area. This includes name/occupant of the building plus additional
advertisements that may be on the lot and/or building, however, excludes a
temporary advertisement.
(c)
Onsite advertisement is not to exceed ten (10) square metres in area. This
ten (10) square metres is to be part of the eight (8) percent as described in
Section (b) above.
(d)
Notwithstanding (b) and (c) above; advertisement on any lot may be permitted
up to 3 square metres in area regardless of the building facade area.
(e)
Notwithstanding (b) and (c) and (d) above;
The Authority reserves the right to permit an on-site advertisement to a
maximum of 12 square metres, where, in the opinion of the Authority, the size
of the sign is appropriate to the use and size of the development and will not
detract from the site or present a nuisance, by its size illumination, to the
adjacent properties. The Authority reserves the right to give public notice when
considering the advertisement.
3.
Advertisement Relating to Offsite Uses / Third Party Advertisements
The conditions to be applied to the erection or display of Third Party advertisements
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)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
(22 June 2017)
SCHEDULE C: Use Zone Tables
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(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
advertisements.
4.
Temporary Advertisements
Temporary advertisements located in this Zone shall be issued under the following
conditions:
(a)
The advertisement is not to exceed three (3) months in operation, and is to be
removed for a minimum of six (6) months before the advertisement can be
relocated on the same site. (Only one (1) advertisement is to be permitted per
site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement is to be located within the property boundary, and each
application would be assessed on its own merits based on its specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection, and is to be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
5.
Services
Industrial development shall not be permitted in this zone unless adequate services
and fire fighting capability designed to meet the needs of the particular industrial
uses permitted, are available.
6.
Hazardous Industry
The uses permitted in this class are limited to the bulk storage of flammable and
(22 June 2017)
SCHEDULE C: Use Zone Tables
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hazardous liquids and substances and the total volume of storage on each lot shall
not exceed 341,000 litres or 90,000 USWG.
(a)
The siting of such hazardous industrial uses shall take place in such a manner
that the site conditions meet all municipal, provincial, and federal regulations
with regard to site boundary distances and adequate separations from other
industrial uses.
(b)
Separation distances shall be appropriate to maintain public safety, fire safety
and landslope separation for the protection of the amenity of surrounding
uses.
(c)
The use does not abut or is sufficiently far removed from a residential
neighbourhood, public assembly use, community service use or a street where
an alternative route is not available.
(d)
The use may only be located where an adequate municipal water supply is
available or where an alternative adequate water volume and water pressure
can be obtained according to all regulating agencies.
(e)
The authority may also impose other conditions as deemed necessary from an
environmental, occupational health and safety, fire and life safety and
aesthetic point-of-view.
7.
Landscaping, Screening and Outdoor Storage
(a)
Where land designated industrial or any industrial development abuts or is
close to an existing or proposed residential land use or recreational/public
land use, then the owner or developer of the industrial site shall provide a
strip not less than 10 metres wide between any industrial activity or any new
industrial building and such residential, recreational or public use area. The
buffer shall include the provision of such natural or structural barrier as may
be required and shall be maintained by the owner or occupier to the
satisfaction of the Authority.
SCHEDULE C: Use Zone Tables
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(b)
Where vegetation of sufficient width and density to constitute a satisfactory
visual screen does not exist, dies, or is removed from the 10-metre buffer
strip, the Authority may require conditions (a) and (b) to be undertaken to the
satisfaction of the Authority"
(i)
Berms shall be constructed to a height sufficient to prevent or
minimize visibility of the use from adjacent residential, recreational or
public uses.
(ii)
Plantings shall contain tree and shrub species with a minimum 50%
coniferous species mix and be of a suitable size/height to function as a
visual screen when installed or replaced.
(c)
The outdoor storage of goods, materials or equipment shall be conducted as
neatly and orderly as possible giving consideration to the overall site
appearance and visual or other impact upon adjoining industrial uses or
nearby residential or other areas. Consideration will also be given as to the
storage of materials and equipment with regard to the safety of authorized
personnel and general public where applicable. Outdoor storage is prohibited
in the building line setback.
(d)
Driveway and parking areas shall be paved or constructed with an alternative
hard surface material in order to maintain the functional and visual quality of
the parking area. Gravel or other loose material shall not be permitted for use
in driveways or parking areas.
8.
Commercial Residential
Commercial residential uses, limited to hotels and motels, may be permitted at the
discretion of the Authority at suitable locations in the General Industrial zone
provided that they are complementary to uses within the permitted use class or that
their development will not inhibit or prejudice the existence of the development of
such uses. Furthermore, commercial residential uses may only be considered at
appropriate sites which have adequate water, sewer, and fire protection services
SCHEDULE C: Use Zone Tables
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necessary for the size and scale of the development and that meet with the
satisfaction of the Authority. The use must be accessible by fire department and
other emergency vehicles. All parking for commercial residential uses must be
available within the lot on which the use is developed. Commercial residential uses
may not be located adjacent to or near any industrial use, as determined by the
Authority, if such adjacent or nearby use involves the bulk storage of hazardous
materials which may be considered to pose a danger or nuisance to users of the
commercial residential use. Adequate buffering and/or screening may be required
between commercial residential uses and existing industrial uses and such buffering
shall be installed and maintained as the developer's (of the commercial residential
lot) responsibility.
9.
General Assembly
Uses in this classification shall be limited to gymnasia, bowling alleys and other
similar indoor recreational/fitness facilities.
10.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 61,
Accessory Commercial and Industrial Buildings, in Part II of these Development
Regulations.
11.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
12.
Shop
In this zone, the shop classification of use specifically excludes a Licensed Cannabis
Retail use
(13 May 2016)
(03 August 2018)
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
149.
LIGHT INDUSTRIAL
PERMITTED USE CLASSES - (see Regulation 127)
Light industry, service station, animal, amusement, catering, taxi stand, general service,
general industry*
*(See condition no. 7)
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Transportation, passenger assembly, child care, all use classes in the business and personal
service uses group, shop***, recreational open space, convenience store, funeral home,
antenna, hazardous industry*, general assembly**.
*(See condition no. 6) **(See condition no. 9) ***(See condition no.12)
CONDITIONS
1.
Development Standards
(a)
The development standards for this zone shall be as follows:
(i)
Minimum Building Line Setback
8 metres
(ii)
Minimum Side yard Width
2 and 5 metres
(iii)
Minimum Rear yard Depth
12 metres
(iv)
Maximum Height
15 metres
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of advertisements on any
lot or site occupied by a use permitted or existing as a legal non-conforming use in
this use zone shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
(13 May 2016)
SCHEDULE C: Use Zone Tables
Page 236
convenience of users of the adjacent streets and sidewalk and the general
amenities of the surrounding areas.
(b)
Building advertisements shall not exceed eight (8) percent of the building
facade area. This includes name/occupant of the building plus additional
advertisements that may be on the lot and/or building, however, excludes a
temporary advertisement.
(c)
Onsite advertisement is not to exceed seven (7) square metres in area. This
seven (7) square metres is to be part of the eight (8) percent as described in
Section (b) above.
(d)
Notwithstanding (b) and (c) above;
Advertisement on any lot may be permitted up to 3 square metres in area
regardless of building facade area.
(e)
Notwithstanding (b) and (c) and (d) above;
The Authority reserves the right to permit an on-site advertisement to a
maximum of 12 square metres, where, in the opinion of the Authority, the size
of the sign is appropriate to the use and size of the development and will not
detract from the site or present a nuisance, by its size illumination, to the
adjacent properties. The Authority reserves the right to give public notice when
considering the advertisement.
3.
Advertisement Relating to Offsite Uses / Third Party Advertisements
The conditions to be applied to the erection or display of Third Party advertisements
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)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
(22 June 2017)
SCHEDULE C: Use Zone Tables
Page 237
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
advertisements.
4.
Temporary Advertisements
Temporary advertisements located in this Zone shall be issued under the following
conditions:
(a)
The advertisement is not to exceed three (3) months in operation, and is to be
removed for a minimum of six (6) months before the advertisement can be
relocated on the same site. (Only one (1) advertisement is to be permitted per
site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement is to be located within the property boundary, and each
application would be assessed on its own merits based on its specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection, and is to be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
5.
Services
Industrial development shall not be permitted in this zone unless adequate services
and fire fighting capability designed to meet the needs of the particular industrial
uses permitted, are available.
(22 June 2017)
SCHEDULE C: Use Zone Tables
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6.
Hazardous Industry
The uses permitted in this class are limited to the bulk storage of flammable and
hazardous liquids and substances and the total volume of storage on each lot shall
be determined by the Authority, in consultation with ServiceNL.
(a)
The siting of such hazardous industrial uses shall take place in such a manner
that the site conditions meet all municipal, provincial, and federal regulations
with regard to site boundary distances and adequate separations from other
industrial uses.
(b)
Separation distances shall be appropriate to maintain public safety, fire safety
and landscape separation for the protection of the amenity of surrounding
uses.
(c)
The use does not abut or is sufficiently far removed from a residential
neighbourhood, public assembly use, community service use or a street where
an alternative route is not available.
(d)
The use may only be located where an adequate municipal water supply is
available or where an alternative adequate water volume and water pressure
can be obtained according to all regulating agencies.
(e)
The authority may also impose other conditions as deemed necessary from an
environmental, occupational health and safety, fire and life safety and
aesthetic point-of-view.
7.
General Industry Class
Only general garages of the general industry class shall be permitted in this zone.
SCHEDULE C: Use Zone Tables
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8.
Screening and Outdoor Storage
Where land designated industrial abuts or is close to a residential land use, then the
owner of such industrial site shall provide an adequate buffer strip between any new
industrial building or exterior industrial activity and such residential area. The buffer
shall include the provision of such natural or structural barrier as may be required
and shall be maintained by the owner or occupier to the satisfaction of the Council.
The outdoor storage of goods, materials or equipment shall be conducted as neatly
and orderly as possible giving consideration to the overall site appearance and visual
or other impact upon adjoining industrial uses or nearby residential or other areas.
Consideration will also be given as to the storage of materials and equipment with
regard to the safety of authorized personnel and general public where applicable.
Outdoor storage is prohibited in the building line setback.
9.
General Assembly
Uses in this classification shall be limited to gymnasia, bowling alleys and other
similar indoor recreational/fitness facilities.
10.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 61,
Accessory Commercial and Industrial Buildings, in Part II of these Development
Regulations.
11.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
12.
Shop
In this zone, the shop classification of use specifically excludes a Licensed Cannabis
Retail use
(13 May 2016)
(03 August 2018)
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
150.
HAZARDOUS INDUSTRIAL
PERMITTED USE CLASSES - (see Regulation 127)
Hazardous industry.
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Antenna, transportation.
CONDITIONS
1.
Development Standards
(a)
The development standards for this zone shall be as follows:
i)
Minimum Building Line Setback
20 metres
(ii)
Minimum Side yard Width
20 metres
(iii)
Minimum Rear yard Depth
20 metres
(iv)
Maximum Height
14 metres
or such higher standards as may be prescribed in the National Building Code
of Canada, or by the Authority, depending on the specific use of the building or
site.
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of advertisements on any
lot or site occupied by a use permitted or existing as a legal non-conforming use in
this use zone shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
SCHEDULE C: Use Zone Tables
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convenience of users of the adjacent streets and sidewalk and the general
amenities of the surrounding areas.
(b)
Building advertisements shall not exceed eight (8) percent of the building
facade area. This includes name/occupant of the building plus additional
advertisements that may be on the lot and/or building, however, excludes a
temporary advertisement.
(c)
Onsite advertisement is not to exceed seven (7) square metres in area. This
seven (7) square metres is to be part of the eight (8) percent as described in
Section (b) above.
(d)
Notwithstanding (b) and (c) above;
Advertisement on any lot may be permitted up to 3 square metres in area
regardless of building facade area.
(e)
Notwithstanding (b) and (c) and (d) above;
The Authority reserves the right to permit an on-site advertisement to a
maximum of 12 square metres, where, in the opinion of the Authority, the size
of the sign is appropriate to the use and size of the development and will not
detract from the site or present a nuisance, by its size illumination, to the
adjacent properties. The Authority reserves the right to give public notice when
considering the advertisement.
3.
Advertisement Relating to Offsite Uses
The conditions to be applied to the erection or display of advertisements 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)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
(22 June 2017)
SCHEDULE C: Use Zone Tables
Page 242
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
advertisements.
4.
Temporary Advertisements
Temporary advertisements located in this Zone shall be issued under the following
conditions:
(a)
The advertisement is not to exceed three (3) months in operation, and is to be
removed for a minimum of six (6) months before the advertisement can be
relocated on the same site. (Only one (1) advertisement is to be permitted per
site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement is to be located within the property boundary, and each
application would be assessed on its own merits based on its specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection, and is to be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
5.
Services
Industrial development shall not be permitted in this zone unless adequate services
and fire fighting capability designed to meet the needs of the particular industrial
uses permitted, are available.
(22 June 2017)
SCHEDULE C: Use Zone Tables
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6.
Use and Structures
All uses and structures for the bulk storage of flammable liquids shall conform to the
requirements of the Provincial Fire Commissioner's office and shall be surrounded by
such buffers and landscaping as the Authority may require in order to prevent
damage to adjacent uses by fire, explosion or spillage of flammable liquid.
7.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 61,
Accessory Commercial and Industrial Buildings, in Part II of these Development
Regulations.
8.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
151.
COMMUNITY SERVICE
PERMITTED USE CLASSES - (see Regulation 127)
Educational, cultural and civic, general assembly, place of worship, child care, recreational
open space, offices, indoor assembly, outdoor assembly, police station, medical treatment
and special care
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Medical and professional, passenger assembly, club and lodge, communications, collective
residential, taxi stand, convenience store, antenna, funeral home, penal and correctional
detention*, veterinary, shop**
*(See condition no. 5) **(See condition no. 8)
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
a)
Minimum building line setback
10 metres
b)
Minimum side yard width
2 & 5 metres
c)
Minimum rear yard depth
12 metres
d)
Maximum height
15 metres
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of advertisements on any
lot or site occupied by a use permitted or existing as a legal non-conforming use in
this use zone shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of the adjacent streets and sidewalk and the general
(29 Sept 2017)
SCHEDULE C: Use Zone Tables
Page 245
amenities of the surrounding areas.
(b)
Building advertisements shall not exceed eight (8) percent of the building
facade area. This includes name/occupant of the building plus additional
advertisements that may be on the lot and/or building, however, excludes a
temporary advertisement.
(c)
Onsite advertisement is not to exceed seven (7) square metres in area. This
seven (7) square metres is to be part of the eight (8) percent as described in
Section (b) above.
(d)
Notwithstanding (b) and (c) above;
Advertisement on any lot may be permitted up to 3 square metres in area
regardless of building facade area.
3.
Advertisement Relating to Offsite Uses / Third Party Advertisements
The conditions to be applied to the erection or display of Third Party advertisements
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)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
advertisements.
4.
Temporary Advertisements
Temporary advertisements located in this Zone shall be issued under the following
conditions:
(22 June 2017)
(22 June 2017)
SCHEDULE C: Use Zone Tables
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(a)
The advertisement is not to exceed three (3) months in operation, and is to be
removed for a minimum of six (6) months before the advertisement can be
relocated on the same site. (Only one (1) advertisement is to be permitted per
site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement is to be located within the property boundary, and each
application would be assessed on its own merits based on its specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection, and is to be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
5.
Penal and Correctional Detention
Other than jails with detention quarters, which is subject to the requirements for
Discretionary Use, all other uses in this use classification shall also be subject to a
Land Use Assessment Report which will address any matters which the Authority
considers material and relevant to the application, including, but not limited to:
provision for water, sanitary/storm sewer, and fire protection services; street access,
exterior physical appearance of the facility; proximity to residential and other land
uses; potential impacts upon nearby residential or other land uses; parking and
traffic; public safety and convenience; and its effect on the overall development of
the area. Furthermore, an application for secure detention facilities will be subject to
a public consultation process, appropriate to the nature and scale of the
development.
6.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 60,
SCHEDULE C: Use Zone Tables
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Accessory Buildings - General, in Part II of these Development Regulations.
7.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
8.
Shop Use
The shop classification of use, limited to the smaller scale shop and store examples,
may be considered at the discretion of the Authority where it is considered subsidiary
to a permitted use of a place of worship, educational, or medical treatment and
special care classification of use, and where it is complementary to and supports the
activities and programs of the permitted community service use. Furthermore, it must
be operated by the community service provider and within the curtilage of the
building or lot on which the building is located. It may not be subdivided from the
original property nor may it be operated by a person or organization not associated
with the permitted use.
(29 Sept 2017)
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
152.
INNOVATION DISTRICT
PERMITTED USE CLASSES - (see Regulation 127)
Educational, cultural and civic, general assembly, theatre, place of worship, day care centre,
recreational open space, office, indoor assembly, outdoor assembly, police station, medical
treatment and special care, medical and professional, personal service, general service,
catering*, shop (as an accessory use)**, convenience store (as an accessory use),
recreational open space, conservation.
*(See condition no. 8) **(See condition no.11)
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Passenger assembly, club and lodge, communications, collective residential, taxi stand,
convenience store, antenna, funeral home, amusement, veterinary, apartment building,
commercial residential, take-out food service, shop**, light industry, service station*.
*(See condition no. 9) ** (See condition no.11)
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
(i)
Minimum Building Line setback
6 metres
(ii)
Minimum side yard width
4 metres
(iii)
Minimum rear yard depth
12 metres
(iv)
Maximum height
20 metres
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of advertisements 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
SCHEDULE C: Use Zone Tables
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shall meet the requirements of the Authority, having regard to the safety and
convenience of users of the adjacent streets and sidewalk and the general
amenities of the surrounding areas.
(b)
Building advertisements shall not exceed eight (8) percent of the building
facade area. This includes name/occupant of the building plus additional
advertisements that may be on the lot and/or building, however, excludes a
temporary advertisement.
(c)
Onsite advertisement is not to exceed seven (7) square metres in area. This
seven (7) square metres is to be part of the eight (8) percent as described in
Section (bi) above.
(d)
Notwithstanding (b) and (c) above;
Advertisement on any lot may be permitted up to 3 square metres in area regardless
of building facade area.
3.
Advertisement Relating to Offsite Uses / Third Party Advertisements
The conditions to be applied to the erection or display of Third Party advertisements
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)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
advertisements.
4.
Temporary Advertisements
(22 June 2017)
(22 June 2017)
SCHEDULE C: Use Zone Tables
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Temporary advertisements located in this Zone shall be issued under the following
conditions:
(a)
The advertisement is not to exceed three (3) months in operation, and is to be
removed for a minimum of six (6) months before the advertisement can be
relocated on the same site. (Only one (1) advertisement is to be permitted per
site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement is to be located within the property boundary, and each
application would be assessed on its own merits based on its specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection, and is to be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
5.
Parking
Surface or above-grade parking will not be permitted between the Building Line and
the Building Lot Line facing a public street.
6.
Traffic and Road Capacity
A Traffic Study and Road Capacity Study shall be approved by the Authority prior to
the issuance of a building permit for any significant development within the zone.
Where appropriate, the City of Corner Brook may choose to conduct the study or may
require that a study be prepared at the expense of the Applicant. Where appropriate,
the Authority may require that the Applicant implement the recommendations of the
Traffic and Road Capacity Study as a condition of development approval.
SCHEDULE C: Use Zone Tables
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7.
Accessory Building
Accessory buildings in this zone shall conform to the requirements of Regulation 60,
Accessory Buildings - General, in Part II of these Development Regulations.
8.
Drive-thru
When a drive-thru function of a catering use (or other type of drive-thru window
service) is proposed in the Innovation District, it may be considered as an accessory
use to a permitted or discretionary use when developed as part of a comprehensive
development. Access to the drive-thru windows and all driving or parking lanes
associated with the drive-thru function must be contained entirely on the private lot
and may not be accessed directly from a street.
9.
Service Station
When a service station use, limited to a gas bar, is proposed in the Innovation
District, it may be considered as an accessory use to a permitted or discretionary use
and when developed as part of a comprehensive development, located on the same
private lot as the main permitted or discretionary use. Direct access to a gas bar or
any parking or lanes associated with the gas bar function will not be permitted
directly from a street.
10.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
14.
Shop
In this zone, the shop classification of use specifically excludes a Licensed Cannabis
Retail use
(03 August 2018)
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
153.
OPEN SPACE
PERMITTED USE CLASSES - (see Regulation 127)
Recreational open space
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Theatre, cultural and civic, catering*, indoor assembly, outdoor assembly, take-out food
service, convenience store, antenna, transportation.
*(See condition no. 2)
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
a)
Minimum building line setback
10 metres
b)
Minimum side yard width
5 metres
c)
Minimum rear yard depth
15 metres
d)
Maximum height
15 metres
2.
Catering
This use classification shall be restricted to restaurants when considered to be an
accessory use to a permitted recreational open space use.
3.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 60,
Accessory Buildings - General, in Part II of these Development Regulations.
SCHEDULE C: Use Zone Tables
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4.
Non-conforming Residential Use
Existing non-conforming residential dwellings within an Open Space Zone shall be
required to comply with the development standards consistent with residential
5.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of advertisements on any
lot or site occupied by a use permitted or existing as a legal non-conforming use in
this use zone shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of the adjacent streets and sidewalk and the general
amenities of the surrounding areas.
(b)
Building advertisements shall not exceed eight (8) percent of the building
facade area. This includes name/occupant of the building plus additional
advertisements that may be on the lot and/or building, however, excludes a
temporary advertisement.
(c)
Onsite advertisement is not to exceed five (5) square metres in area. This five
(5) square metres is to be part of the eight (8) percent as described in Section
(b) above.
(d)
Notwithstanding (b) and (c) above;
Advertisement on any lot may be permitted up to 3 square metres in area
regardless of building facade area.
6.
Advertisement Relating to Offsite Uses / Third Party Advertisements
The conditions to be applied to the erection or display of Third Party advertisements
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:
(22 June 2017)
SCHEDULE C: Use Zone Tables
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(a)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
(b)
Each advertisement shall not exceed three (3) square metres in area, to a
maximum of eight (8) percent of the building facade area for on and offsite
advertisements.
7.
Temporary Advertisement
Temporary advertisement located in this Use Zone shall be issued under the
following conditions:
(a)
The permit will be for a maximum period of three (3) months and the
advertisement is to be removed for a minimum of six (6) months before an
application will be considered for the same site. (Only one (1) advertisement
will be permitted per site).
(b)
The advertisement is not to pose a nuisance and/or inconvenience to
pedestrians, motorists or to any neighbouring residential units.
(c)
The advertisement must be located within the lot boundary and each
application will be assessed on its own merits based on the specific site
conditions. Temporary advertisement shall be located a minimum distance of
fifty (50) feet from any street intersection must be kept off public right-of-
ways.
(d)
The advertisement is not to exceed a maximum of three (3) square metres in
area.
(22 June 2017)
(22 June 2017)
SCHEDULE C: Use Zone Tables
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8.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
SCHEDULE C: Use Zone Tables
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USE ZONE TABLES
154.
CEMETERY
PERMITTED USE CLASSES (See Regulation 127)
Cemetery
CONDITIONS
1.
Advertisement Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming use
in this use zone, shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(b)
No advertisement shall exceed three (3) square metres in area.
2.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 60,
Accessory Buildings - General, in Part II of these Development Regulations.
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
155.
ENVIRONMENTAL PROTECTION
PERMITTED USE CLASSES - (see Regulation 127)
Conservation, forestry
DISCRETIONARY USE CLASSES - (see Regulations 26 and128)
Agriculture, recreational open space, antenna
CONDITIONS
1.
Watercourse Buffer
The cutting or harvesting of trees will not be permitted within 50 metres of any
watercourse within a watershed and may be subject to further regulations enacted
under the City of Corner Brook Act.
2.
Scenic Value
Wood cutting will not be permitted in areas where it will have a detrimental effect on
the amenities of scenic value of an area.
3.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
156.
ENVIRONMENTAL CONSERVATION
PERMITTED USE CLASSES - (see Regulation 127)
Conservation
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Recreational open space*, antenna**
*(See condition no. 2) **(See condition no. 3)
CONDITIONS
1.
Conservation Uses
The cutting or harvesting of trees will not be permitted within 50 metres of any
watercourse within a watershed and may be subject to further regulations enacted
under the City of Corner Brook Act.
2.
Recreational Open Space
Only walking or hiking trails of this land use classification shall be permitted as
discretionary uses in this zone and it must be demonstrated to the satisfaction of the
Authority that the trail will be of minimal impact to any land or permitted use of land
in the zone.
3.
Antenna
No antenna will be permitted in this zone as a discretionary use if it is determined
that the installation or erection of the structure(s) will result in degradation or
negative impact upon adjacent or other conservation land in the zone (i.e. road
construction to access the installation site).
SCHEDULE C: Use Zone Tables
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4.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
157.
PROTECTED WATER SUPPLY AREA
PERMITTED USE CLASSES - (see Regulation 127)
None
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
General industry, light industry, agriculture, forestry, mineral working, recreational open
space, conservation, antenna.
CONDITIONS
1.
Discretionary Use Classes
All uses listed as discretionary in this Use Zone Table and any other activity within the
designated protected water supply areas shall conform with the "Corner Brook Sustainable
Watershed Management Plan".
Any new development in a designated water supply area will be assessed as a Discretionary
Use and as such will require public consultation prior to a decision by Council. The
Discretionary Use Classes listed in this table may be permitted provided that they will not in
the opinion of Council reduce or impair the quality and/or quantity of the water resource
within the water supply area.
The Council shall refuse a development application if in the opinion of Council it appears the
proposed development may reduce or impair the quality and/or quantity of the resource
within the water supply area.
Notwithstanding the other policies in this Plan and the requirements of the Development
Regulations, no land use activity shall be permitted within the Municipal Plan Area or within a
protected water supply area serving as a potable water supply for the City or Corner Brook
that is deemed deleterious to the quality and/or quantity of this valuable resource.
2.
Recreational Open Space
Only walking or hiking trails of this land use classification shall be permitted as
SCHEDULE C: Use Zone Tables
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discretionary uses in this zone and it must be demonstrated to the satisfaction of the
Council that the trail will be of minimal impact to any land and that there will be no
negative effect on the quality and/or quantity of the water resource within the water
supply area.
3.
Antenna
No antenna will be permitted in this zone as a discretionary use if it is determined
that the installation or erection of the structure(s) will result in degradation or
negative impact upon on the quality and/or quantity of the water resource within the
water supply area, either as a direct result of constructing or erecting the antenna
structure or any road construction to access the antenna site.
4.
Conservation Uses
(a)
The cutting or harvesting of trees will not be permitted within the buffer zones
that are identified in the "Corner Brook Sustainable Watershed Management
Plan" and the cutting or harvesting of trees may be subject to additional
conditions as specified by the Council.
(b)
Wood cutting will not be permitted in areas where it will have a detrimental
effect on the amenities of scenic value of an area.
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
158.
RURAL
PERMITTED USE CLASSES - (see Regulation 127)
Agriculture, forestry.
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Outdoor assembly, single dwelling, single dwelling (existing), veterinary, outdoor market,
general industry, service station, mineral working, recreational open space, conservation,
transportation, animal, antenna, hazardous industry*, cemetery**, solid waste***
*(See condition no. 8) **(See condition no. 9) ***(See condition no. 11)
CONDITIONS
1.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming use
in this use zone, shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(b)
No advertisement shall exceed five (5) square metres in area.
2.
Advertisements Relating to Offsite Uses / Third Party Advertisements
The conditions to be applied to the erection or display of a Third Party 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)
Each advertisement shall not exceed three (3) square metres in area.
(b)
The location, siting and illumination of each advertisement shall be to the
SCHEDULE C: Use Zone Tables
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satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
3.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
4.
Single Dwelling
One single dwelling may be permitted with a farm or forestry operation and it must be
demonstrated to the satisfaction of the Authority that the residence onsite is
necessary to the successful operation of the use and the minimum lot size for
inclusion of a dwelling is to be 3 hectares. The agricultural or forestry use must be in
active operation for a minimum of two years prior to an application for a dwelling use
onsite.
5.
Single Dwelling (Existing)
When determining whether an existing dwelling may be replaced by new
construction, extensively renovated, repaired or extended, consideration will include,
but not be limited to, the following:
(a)
The dwelling must already exist in the zone at the coming into effect of these
Development Regulations.
(b)
The lot on which the dwelling is located shall not be located in an area where
the Authority has determined that existing houses are to be eventually
removed in order to clear the area of all development, either for safety
reasons or to accommodate new or different development under the existing
land use designation/zone or a proposed new land use designation/zone.
(c)
The land on which the dwelling is located is not on a slope of 20% or greater,
(22 June 2017)
SCHEDULE C: Use Zone Tables
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nor are there any other inherent or obvious hazard(s) or potential hazard(s)
that would have a negative impact on the replacement or redevelopment of
the existing dwelling or on adjacent lands. Should the topography where the
dwelling is located exceed 20 % and major renovations, extension or
replacement of the dwelling is proposed, a Land Use Assessment Report will
be required to address how the development will be accommodated, taking
into account the slope and any other relevant considerations.
(d)
The replacement of an existing dwelling is to result in a single dwelling unit
only. Double dwellings, row dwellings or apartment buildings will not be
permitted to replace an existing dwelling unit, regardless of whether the
original dwelling was double dwelling or contained a subsidiary apartment
unit, nor will a subsidiary apartment/secondary suite to the main dwelling unit
be permitted.
(e)
An application to replace an existing dwelling in accordance with the above
criteria will be assessed on an individual basis.
(f)
The dwelling must be accessible to fire department and other emergency
vehicles and located on a recognized city street where municipal snow
clearing and other maintenance is normally carried out.
(g)
Where fire protection or access may be considered deficient, the owner or
applicant requesting to repair, extend or replace the single dwelling may be
required to upgrade, install, or otherwise improve the capacity to provide fire
protection service or access to a level that is satisfactory to the City of Corner
Brook. All costs associated with this will be the responsibility of the owner or
developer.
(h)
Where one or more municipal services are absent, the City of Corner Brook
assumes no responsibility to provide any service which is not currently
available. The owner or developer may undertake the cost and responsibility
to install any services to the single dwelling if approved by the City of Corner
Brook.
(i)
As an existing single dwelling is deemed to be a discretionary use of the Rural
Zone, the owner of the dwelling being repaired, extended or replaced may be
required to sign a Development Agreement whereby the owner of the property
SCHEDULE C: Use Zone Tables
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agrees to the above conditions and understands that the City of Corner Brook
will continue to allow other Permitted and Discretionary Uses of the zone to be
developed.
6.
General Industry
Where permitted as a discretionary use, General Industry will be restricted to
maintenance and repair of equipment, processing and storage related to agriculture
or forestry uses.
7.
Mineral Working
Where permitted as a Discretionary Use, the conditions relating to Mineral Working
Zones shall apply.
8.
Hazardous Industry
(a)
A hazardous industrial manufacturing use has been developed in a Rural Zone
in the proximity of Lady Slipper Road. Due to the nature and material of the
product and manufacturing process at the site, no use or activity what-so-ever
shall be permitted within a one (1) kilometre radius of the building(s) of this
site. Uses proposed beyond the buffer area may be subject to a Land Use
Assessment Report.
b)
The following limitations apply to hazardous industrial uses that involve the
bulk storage of flammable and hazardous liquids and substances:
(i)
The total volume of storage on each lot shall not exceed 341,000 litres
or 90,000 USWG.
(ii)
The siting of such hazardous industrial uses shall take place in such a
manner that the site conditions meet all municipal, provincial, and
federal regulations with regard to site boundary distances and
adequate separations from other industrial uses.
(22 June 2017)
SCHEDULE C: Use Zone Tables
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(iii)
Separation distances shall be appropriate to maintain public safety,
fire safety and land slope separation for the protection of the amenity
of surrounding uses.
(iv)
The use does not abut or is sufficiently far removed from a residential
neighbourhood, public assembly use, community service use or a
street where an alternative route is not available.
(v)
The use may only be located where an adequate municipal water
supply is available or where an alternative adequate water volume and
water pressure can be obtained according to all regulating agencies.
(vi)
The authority may also impose other conditions as deemed necessary
from an environmental, occupational health and safety, fire and life
safety and aesthetic point-of-view.
9.
Cemetery
Where permitted as a Discretionary Use, cemeteries shall be restricted to animal
cemeteries. Any new human cemeteries shall be restricted in this zone to land
located directly adjacent to or near Mt. Patricia Cemetery.
10.
Accessory Buildings
Accessory buildings in this zone shall conform to the requirements of Regulation 60,
Accessory Buildings - General, in Part II of these Development Regulations.
11.
Solid Waste
Solid Waste in this zone shall not include sanitary landfills.
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
159.
SOLID WASTE/SCRAPYARD
PERMITTED USE CLASSES - (see Regulation 127)
Scrap yard, solid waste
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Antenna, general industry*
*(See condition no. 6)
CONDITIONS
1.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming use
in this use zone, shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(b)
No advertisement shall exceed five (5) square metres in area.
2.
Advertisements Relating to Offsite Uses / Third Party Advertisements
The conditions to be applied to the erection or display of a Third Party 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)
Each advertisement shall not exceed three (3) square metres in area.
(b)
The location, siting and illumination of each advertisement shall be to the
SCHEDULE C: Use Zone Tables
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satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
3.
Separation from adjacent uses
Unless the Authority is satisfied that the use will not create a nuisance and will not
adversely affect the amenity of the specified development or natural feature, no
SCRAPYARD or solid waste storage or disposal site shall be located closer than the
minimum distances set out below to the specified development or natural feature:
Minimum Distance of Scrap yard or Solid Waste
Storage or Disposal Site
Existing or proposed Residential Development
300 metres
Any other developed area or area likely to be developed
during the life of the scrap yard or solid waste use
150 metres
Public highway or street
50 metres
Protected Road
90 metres
Water body or watercourse
50 metres
4.
Screening
A scrap yard or solid waste storage or disposal site shall be screened in the following
manner where it is visible from a public street or highway, developed area, or area
likely to be developed during the life of the use:
(a)
Where tree screens exist between the use and adjacent public highways and
streets or other land uses (excepting forestry and agriculture), the tree
screens shall be retained in a 30-metre wide strip of vegetation so that
(22 June 2017)
(22 June 2017)
SCHEDULE C: Use Zone Tables
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visibility of any part of the use from the surrounding uses or streets will be
prevented. The tree screens must be maintained by the owner or occupier of
the use to retain 30 metres in a forested appearance. Where vegetation of
sufficient width and density to constitute a visual screen does not exist, dies
or is removed from the 30-metre strip, the Authority may require condition (a)
and/or (b) be undertaken to the satisfaction of the Authority:
(i)
Berms to be constructed to a sufficient height to prevent visibility of
any part of the use from adjacent uses (except forestry or agriculture)
or adjacent public highway or street. The berms shall be landscaped to
the satisfaction of the Authority.
(ii)
Plantings shall contain native species as much as possible, with a
minimum 50% coniferous mix and shall be planted at a minimum
height of 3 metres, prior to issuance of an occupancy permit.
(b)
Where natural topography creates a visual screen between a scrap yard or
solid waste or disposal site and adjacent public highway, street or other land
uses (except forestry or agriculture), additional screening may not be required.
(c)
Where effective screening or natural topography or conditions cannot be
installed or utilized as required to adequately screen the scrap yard or solid
waste use, or where the site is highly visible from a distance, the Authority
may refuse to permit the use or associated activity.
5.
Fencing
The Authority may require Scrap yard Use Classes or Solid Waste Use Classes to be
enclosed by a fence designed and constructed to its specifications and no less than
1.8 metres in height.
6.
General Industry
The General Industry Classification of Uses of Land and Buildings is restricted to
SCHEDULE C: Use Zone Tables
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recycling operations and may be considered when the operation can be carried out
effectively from the site. The material required for the activity must form part of the
normally disposed of substances at the site and the operation must not require or
create a demand for municipal water and sewer services.
7.
Accessory Building
Accessory buildings in this zone shall conform to the requirements of Regulation 60,
Accessory Buildings - General, in Part II of these Development Regulations.
8.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
SCHEDULE C: Use Zone Tables
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USE ZONE TABLE
160.
MINERAL WORKING
PERMITTED USE CLASSES - (see Regulation 127)
Mineral Workings.
DISCRETIONARY USE CLASSES - (see Regulations 26 and 128)
Antenna.
CONDITIONS
1.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming use
in this use zone, shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(b)
No advertisement shall exceed five (5) square metres in area.
2.
Advertisements Relating to Offsite Uses / Third Party Advertisements
The conditions to be applied to the erection or display of a Third Party 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)
Each advertisement shall not exceed three (3) square metres in area.
(b)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
SCHEDULE C: Use Zone Tables
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streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
3.
Separation from Adjacent Uses
Unless the Authority is satisfied that the mineral 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:
4.
Pit or Quarry Working
Minimum Distance of
Pit or Quarry Working
Existing or proposed Residential Development
300 metres
Any other developed area or area likely
150 metres
to be developed during the life
of the pit or quarry working.
Public highway or street
50 metres
Protected Road
90 metres
Water body or watercourse 50 metres
4.
Screening
A mineral working shall be screened in the following manner where it is visible
from a public street or highway, developed area, or area likely to be developed
during the life of the mineral working use.
(a)
Where tree screens exist between the mineral working and adjacent
public highways and streets or other land uses (excepting forestry and
agriculture), the tree screens shall be retained in a 30-metre wide strip
of vegetation so that visibility of any part of the mineral working use
(22 June 2017)
SCHEDULE C: Use Zone Tables
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from the surrounding uses or streets will be prevented. The tree
screens must be maintained by the owner or occupier of the mineral
working to retain 30 metres in a forested appearance. Where
vegetation dies or is removed from the 30-metre strip, the Authority
may require new trees of a minimum height of 1 metre be planted to
fill in the areas affected to the satisfaction of the Authority or, at the
discretion of the Authority, condition 2(b) must be undertaken.
(b)
Where no tree screens exist of sufficient width and density to
constitute a visual screen, earthen berms shall be constructed to a
height sufficient to prevent visibility of any part of the mineral working
from adjacent uses (excepting forestry and agriculture), or adjacent
public highways and streets. The berms shall be landscaped to the
Authority's satisfaction.
c)
Where natural topography creates a visual screen between mineral
workings and adjacent public highways and streets or other land uses
(excepting forestry and agriculture), additional screening may not be
required.
d)
Where effective screening for any mineral working or associated
processing or manufacturing use cannot be installed or located as
required in (a) - (c) above, the Authority may refuse to permit the use or
associated activity.
5.
Fencing
The Authority may require the mineral working site or excavated areas of a pit or
quarry working to be enclosed by a fence designed and constructed to its
specifications and no less than 1.8 metres in height.
SCHEDULE C: Use Zone Tables
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6.
Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any water body 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 Lands.
7.
Water Ponding
No mineral working shall result in the excavation of areas below the level of the water
table nor in any way cause the accumulation or ponding of water in any part of the
site. Settling ponds may be permitted with the approval of the Department of
Environment and Lands.
8.
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of
adjacent land.
9.
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and
abandoned equipment and any derelict buildings.
10.
Access Roads
During extended periods of shutdown, access roads to a mineral working shall be
ditched or barred to the satisfaction of the Authority.
11.
Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron stained
layer, shall be stripped and stockpiled at least 5 metres from active quarry or
stockpile areas. The owner or operator shall ensure that the quality of the topsoil is
SCHEDULE C: Use Zone Tables
Page 275
not affected by dilution with other materials.
12.
Operating Plant and Associated Processing and Manufacturing
The Authority may permit processing and manufacturing use associated with mineral
workings provided that, in the opinion of the Authority, the use does not create a
nuisance 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.
13.
Building location
All permanent or temporary buildings, plants and structures associated with
processing and manufacturing will be located so as not to interfere with the present
or future extraction of aggregate resources.
14.
Separation distances
The Authority may specify a minimum separation distance between operating plant or
associated processing and manufacturing structure or equipment and adjacent
developed areas likely to be developed during the life of the mineral working.
15.
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.
SCHEDULE C: Use Zone Tables
Page 276
(d)
The access road to the working shall be ditched or barred to the satisfaction
of the Authority.
16.
Reserve material
If the mineral working contains reserves of material sufficient to support further
extraction operations, the Authority may require the work described above to be
carried out only in areas of the site where extraction has depleted aggregate
reserves.
17.
Accessory Building
Accessory buildings in this zone shall conform to the requirements of Regulation 60,
Accessory Buildings - General, in Part II of these Development Regulations.
18.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
SCHEDULE C: Use Zone Tables
Page 277
USE ZONE TABLE
161.
SPECIAL MANAGEMENT AREA
PERMITTED USE CLASSES - (See Regulation 127)
None permitted.
DISCRETIONARY USE CLASSES - (See Regulation 26 and 128)
None permitted.
CONDITIONS
1.
Non-Conforming Uses
Regulation 82 and/or Regulation 83 apply to legal use of buildings or land as non-
conforming uses in this zone.
SCHEDULE D: Off-Street Parking Requirements
Page 278
SCHEDULE D: OFF-STREET
PARKING REQUIREMENTS
1.
The off-street parking requirements for uses in the various use classes set out in
Schedule B shall be as set out in the following table, or as specified by the Authority
at its discretion, having regard for the existing parking requirements and any public
parking availability, and any surplus or deficiency of parking in the general area that
may result as an impact of any change to the established parking standards, which
may be approved.
2.
In the case of developments including uses in more than one use class, these stand-
ards shall be regarded as cumulative.
3.
Adequate off-street provision for drop-off and pick-up of persons shall be provided in
developments where required, such as uses within the educational, passenger
assembly, child care, medical treatment and special care, commercial residential and
take-out food service use classes.
GROUP
DIVISION
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
A
1
(a) Theatre
One space for every 5 seats.
2
(a) Cultural and Civic
One space for every 50 square metres of gross floor
areas.
(b) General Assembly
One space for every 10 square metres of gross floor
area.
(c) Educational
Schools - 2 spaces for every classroom. Further
education - 1 space for every 5 persons using the
facilities (students, faculty and staff).
(d) Place of Worship
One space for every 5 seats.
(e) Passenger Assembly
As specified by the Authority.
(f) Club and Lodge
One space for every 3 persons that may be
accommodated at one time.
(g) Catering
One space for every 3 customers that may be
accommodated at one time.
(h) Funeral Home
One space for every 10 square metres of gross floor
area.
(i) Child Care
One space for every 20 square metres of gross floor
area or as specified by the Authority.
(j) Amusement
One space for every 10 square metres of gross floor
SCHEDULE D: Off-Street Parking Requirements
Page 279
GROUP
DIVISION
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
area or as specified by the Authority.
3
(a) Indoor Assembly
One space for every 10 spectators that may be
accommodated at one time.
4
(a) Outdoor Assembly
As specified by the Authority.
B
1
(a) Penal and Correctional
Detention
As specified by the Authority.
2
(a) Medical Treatment and
Special Care
One space for every 2 patients or as specified by the
Authority.
C
1
(a) Single Dwelling
One space for every dwelling unit.
(b) Double Dwelling
One space for every dwelling unit.
(c) Row Dwelling
One space for every dwelling unit.
(d) Apartment Building
One space for every dwelling unit plus one space for
every four units.
2
(a) Collective Residential
As specified by the Authority.
(b) Boarding House
Residential
As specified by the Authority in Schedule C.
(c) Commercial Residential
One space for every guest room.
(d) Mobile Homes
One space for every dwelling unit.
D
1
(a) Office
One space for every 28 square metres of gross floor
area.
(b) Medical and Professional
One space for every 28 square metres of gross floor
area.
(c) Personal Service
One space for every 28 square metres of gross floor
area.
(d) General Service
One space for every 28 square metres of gross floor
area.
(e) Communications
As specified by the Authority.
(f) Police Station
As specified by the Authority.
(g) Taxi Stand
As specified by the Authority.
(h) Take-out Food Service
One space for every 20 square metres of gross floor
area.
(i) Veterinary
One space for every 28 square metres of gross floor
area.
E
1
(a) Shopping Centre
One space for every 20 square metres of gross floor
area.
(b) Shop
One space for every 28 square metres of gross floor
area or as specified by the Authority.
(c) Indoor Market
As specified by the Authority.
(d) Outdoor Market
As specified by the Authority.
(e) Convenience Stores
One space for every 28 square metres of gross floor
area or as specified by the Authority.
F
1
(a) Hazardous Industry
One space for every employee.
2
(a) General Industry
One for each 37 square metres of floor area or for
each 5 employees or less whichever is greater.
(b) Service Station
One space for every 20 square metres of gross floor
area.
3
(a) Light Industry
One for each 37 square metres of floor area or for
each 5 employees or less whichever is greater.
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Photo credited to Kieth Nicol