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TOWN OF COW HEAD
DEVELOPMENT REGULATIONS
LAND USE ZONING,
SUBDIVISION AND
ADVERTISEMENT REGULATIONS
In effect: January 29, 1988
(Date of publication in Newfoundland and Labrador Gazette)
CONSOLIDATION: As of April 20, 2015
URBAN AND RURAL PLANNING ACT
TOWN OF COW HEAD
LAND USE ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
PUBLISHED BY AUTHORITY
TABLE OF CONTENTS
Regulation
Page
APPLICATION
1.
Short Title .............................................................................................................. 1
2.
Interpretation .......................................................................................................... 1
3.
Commencement ...................................................................................................... 1
4.
Municipal Code and Regulations .............................................................................. 1
5.
Authority .............................................................................................................. 1
PART I - GENERAL REGULATIONS ............................................................................... 2
6.
Compliance With Regulations .................................................................................. 2
7.
Permit Required ...................................................................................................... 2
8.
Permit to be Issued .................................................................................................. 2
9.
Permit Not to be Issued in Certain Cases ................................................................... 2
10.
Discretionary Powers of Authority ............................................................................ 3
11.
Variances by Authority ............................................................................................ 3
12.
Service Levy .......................................................................................................... 4
13.
Financial Guarantees by Developer ........................................................................... 5
14.
Dedication of Land for Public Use ............................................................................ 5
15.
Reinstatement of Land ............................................................................................. 5
16.
Form of Application ................................................................................................ 6
17.
Register of Application ............................................................................................ 6
18.
Deferment of Application ........................................................................................ 6
19.
Outline Planning Permission .................................................................................... 7
20.
Development Permit ................................................................................................ 7
21.
Reasons for Refusing Permit .................................................................................... 8
22.
Notice of Application .............................................................................................. 8
23.
Right of Entry ......................................................................................................... 9
24.
Record of Violations ............................................................................................... 9
25.
Stop Work Order and Prosecution ............................................................................. 9
26.
Local Board of Appeal Established ........................................................................... 9
27.
Appointment of Local Board of Appeal ..................................................................... 9
28.
Appeal Board to Act as Local Board of Appeal ........................................................ 10
29.
Appeals to Local Board of Appeal .......................................................................... 11
30.
Effect of Decision by Local Board of Appeal ........................................................... 12
31.
Development May Not Proceed .............................................................................. 12
PART II - GENERAL DEVELOPMENT STANDARDS .................................................... 13
32.
Accesses and Service Streets .................................................................................. 13
33.
Accessory Buildings .............................................................................................. 13
34.
Advertisements ..................................................................................................... 13
35.
Buffer Strips ......................................................................................................... 13
36.
Building Height .................................................................................................... 14
37.
Building Line and Setback ..................................................................................... 14
38.
Family and Group Care Centres .............................................................................. 14
39.
Height Exceptions ................................................................................................. 14
40.
Livestock Structures and Uses ................................................................................ 14
41.
Lot Area ............................................................................................................ 15
42.
Lot Area and Size Exceptions ................................................................................. 15
43.
Lot Frontage ......................................................................................................... 16
44.
Mobile Homes ...................................................................................................... 16
45.
Non-Conforming Uses ........................................................................................... 16
46.
Offensive and Dangerous Uses ............................................................................... 18
47.
Off-Street Parking Requirements ............................................................................ 18
48.
Off-Street Loading Requirements ........................................................................... 19
49.
Parks and Playgrounds, and Conservation Uses ........................................................ 20
50.
Screening and Landscaping .................................................................................... 20
51.
Services and Public Utilities ................................................................................... 20
52.
Service Stations .................................................................................................... 20
53.
Side Yards ............................................................................................................ 21
54.
Street Construction Standards ................................................................................. 21
55.
Subsidiary Apartments ........................................................................................... 21
56.
Unsubdivided Land ............................................................................................... 21
57.
Zero Lot Line and Other Comprehensive Development ............................................. 21
PART III - ADVERTISEMENTS ..................................................................................... 22
58.
Permit Required .................................................................................................... 22
59.
Form of Application .............................................................................................. 22
60.
Advertisements Prohibited in Street Reservation ...................................................... 22
61.
Permit Valid for Limited Period .............................................................................. 22
62.
Removal of Advertisements ................................................................................... 22
63.
Advertisements Exempt from Control ..................................................................... 22
64.
Approval Subject to Conditions .............................................................................. 23
65.
Non-Conforming Uses ........................................................................................... 23
PART IV - SUBDIVISION OF LAND .............................................................................. 24
66.
Permit Required .................................................................................................... 24
67.
Services to be Provided .......................................................................................... 24
68.
Payment of Service Levies and Other Charges ......................................................... 24
69.
Issue of Permit Subject to Considerations ................................................................ 24
70.
Building Permits Required ..................................................................................... 25
71.
Form of Application .............................................................................................. 25
72.
Subdivision Subject to Zoning ................................................................................ 25
73.
Building Lines ...................................................................................................... 25
74.
Land for Public Open Space ................................................................................... 25
75.
Structure in Street Reservation ............................................................................... 26
76.
Subdivision Design Standards ................................................................................ 27
77.
Engineer to Design Works and Certify Construction Layout ...................................... 28
78.
Developer to Pay Engineer's Fees and Charges ........................................................ 28
79.
Street Works May Be Deferred ............................................................................... 29
80.
Transfer of Streets and Utilities to Authority ............................................................ 29
81.
Restriction on Sale of Lots ..................................................................................... 30
82.
Grouping of Buildings and Landscaping .................................................................. 30
PART V - USE ZONES ................................................................................................... 31
83.
Use Zones ............................................................................................................ 31
84.
Use Classes .......................................................................................................... 31
85.
Permitted Uses ...................................................................................................... 31
86.
Discretionary Uses ................................................................................................ 31
87.
Uses Not Permitted ............................................................................................... 32
SCHEDULE A - DEFINITIONS ....................................................................................... 33
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS .................... 41
SCHEDULE C - USE ZONE TABLES .............................................................................. 47
USE ZONE TABLE - RESIDENTIAL (RES) ....................................................................................... 48
USE ZONE TABLE - MIXED DEVELOPMENT (MD) ...................................................................... 53
USE ZONE TABLE - MARINE INDUSTRIAL (I) .............................................................................. 56
USE ZONE TABLE - RECREATIONAL OPEN SPACE (ROS) ......................................................... 58
USE ZONE TABLE - OPEN SPACE (OS) ........................................................................................... 59
USE ZONE TABLE - RURAL RESOURCE (RR) ............................................................................... 60
USE ZONE TABLE - ENVIRONMENTAL PROTECTION (EP) ....................................................... 63
USE ZONE TABLE - MINERAL WORKINGS (MW) ........................................................................ 64
USE ZONE TABLE - COMPREHENSIVE DEVELOPMENT AREA (CDA) .................................... 68
SCHEDULE D - OFF-STREET PARKING REQUIREMENTS ........................................... 69
SCHEDULE E - LAND USE ZONING MAPS
1
COW HEAD LAND USE ZONING,
SUBDIVISION AND ADVERTISEMENT REGULATIONS
APPLICATION
1.
Short Title
These Regulations may be cited as the Cow Head Land Use Zoning, Subdivision and
Advertisement Regulations.
2.
Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to
them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings which are
commonly assigned to them in the context in which they are used in the
Regulations.
3.
Commencement
These Regulations come into effect throughout the Cow Head Municipal Planning Area,
hereinafter referred to as the Planning Area, on the date of publication of a notice to that
effect in the Newfoundland Gazette.
4.
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and
any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or
any other municipal regulations regulating or controlling the development, conservation
and use of land in force in the Town of Cow Head, shall, under these Regulations apply
to the entire Planning Area.
5.
Authority
In these Regulations, "Authority" means the Council of the Town of Cow Head.
2
PART I - GENERAL REGULATIONS
6.
Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance with
these Regulations.
7.
Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has been
issued by the authority.
8.
Permit to be Issued
Subject to Regulations 9 and 10, a permit shall be issued for development within the
Planning Area that conforms to:
(a)
the general development standards set out in Part II 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;
(b)
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;
(c)
the standards set out in Part III of these Regulations in the case of advertisement;
(d)
the standards set out in Part IV of these Regulations in the case of subdivision;
(e)
the standards of design and appearance established by the Authority.
9.
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 the services deemed
3
necessary by the Authority and such cost shall attach to and upon the property in respect
of which it is imposed.
10.
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.
11.
Variances by Authority
(1)
Where a permit cannot be granted because the proposed development does not
comply with these Regulations, the Authority may in its discretion vary the
requirements to literal conformity with the Regulations if, in the Authority's
opinion, the requirements would prejudice the proper development of the land,
building or structure in question, or be contrary to the public interest.
(2)
Variance from these Regulations pursuant to Regulation 11(1) shall only be
authorized in the following circumstances:
(a)
if, in the opinion of the Authority, such variance is not contrary to the
general intent and purpose of these Regulations, the Municipal Plan, or
any further scheme, plan or regulation pursuant thereto, and the public
interest;
(b)
if, prior to authorization of such variance, the Authority has considered its
effect on adjoining properties;
(c)
if the variance does not change the permitted use of the property;
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(d)
if the Authority is satisfied that the variance has not become necessary due
to the intentional or negligent conduct of the owner or some other party
acting with the owner's knowledge or consent;
(e)
if, prior to authorization of such variance, the Authority has given notice
of the application in accordance with Regulation 22 and has considered
any objections or representations which may have been received on the
matter.
(3)
Variance from these Regulations pursuant to Regulation 11(1) shall not be
authorized if such variance, when considered together with other variances made
or to be made in respect of the same land, building or structure, would have a
cumulative effect contrary to the general intent of these Regulations, the
Municipal Plan, or any further scheme, plan or regulation pursuant thereto, even
though the variances individually would not have such effect.
12.
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 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 12(1) that are necessary for the real property to be developed in
accordance with the standards required by the Authority and for uses that are
permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefitted by the public works related to all
the real property so benefitted; and,
(b)
the density of development made capable or increased by the public work.
5
(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.
13.
Financial Guarantees by Developer
(1)
The Authority may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may be
required to guarantee the payment of service levies, ensure site reinstatement, and
to enforce the carrying out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 13(1) may be made in the form
of:
(a)
a cash deposit from the developer, to be held by the Authority; or,
(b)
a guarantee by a bank, or other institution acceptable to the Minister, for
expenditures by the developer; or,
(c)
a performance bond provided by an insurance company or bank; or,
(d)
an annual contribution to a sinking fund held by the Authority.
14.
Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 74, 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.
15.
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
6
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.
16.
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 and drawings as the Authority
may require, and be accompanied by the permit fee required by the Authority.
(2)
The Authority shall, on request, supply to every applicant a copy of the
application forms referred to in Regulation 16(1) and a description of the plans,
specifications and drawings required to be provided with the application.
17.
Register of Application
The Authority shall keep a public register of all applications for development, and shall
enter therein the Authority's decision upon each application and the result of any appeal
from that decision.
18.
Deferment of Application
(1)
The Authority may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations which have
not been determined by the Authority and on which a decision has not been
communicated to the applicant within eight weeks of the receipt thereof by the
Authority, and on which consideration has not been deferred in accordance with
Regulation 18(1), shall be deemed to be refused.
7
19.
Outline Planning Permission
(1)
The Authority may grant outline planning permission 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 permission is granted under this Regulation, it shall be subject to
the subsequent approval by the Authority of such details as may be listed in the
outline planning permission, which shall also specify that further application for
approval of these details shall be received not later than two years from the grant
of outline planning permission.
20.
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 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.
8
(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 III of these Regulations.
(5)
The approval of any application and plans or drawings or the issue of a permit
shall not prevent the Authority from thereafter requiring the correction of errors,
or from ordering the cessation, removal of, or remedial work on any development
being carried out in the event that the same is in violation of this or any other
regulations or statute.
(6)
The Authority may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit was
issued in error or was issued on the basis of incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter or thing is
being done for which a permit has been issued, a copy of the permit and any
plans, drawings or specifications on which the issue of the permit was based
during the whole progress of the work, or the doing of the matter or thing until
completion.
21.
Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit,
state the reasons for so doing.
22.
Notice of Application
The Authority may, and when a variance is necessary under Regulation 11, when a
change in nonconforming use is to be considered under Regulation 45, or when the
development is listed as a discretionary use in Schedule C of the Regulations shall, at the
9
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.
23.
Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land
and may at all reasonable times enter any development or building upon the land for the
purpose of making surveys or examinations or obtaining information relative to the
carrying out of any development, construction, alteration, repair, or any other works
whatsoever which the Authority is empowered to regulate.
24.
Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to
his knowledge and report that violation to the Authority.
25.
Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, the Authority may order that person to stop the development or work
connected therewith pending final adjudication in any prosecution arising out of
the development.
(2)
A person who does not comply with an order made under Regulation 25(1) is
guilty of an offence under the provisions of the Act.
26.
Local Board of Appeal Established
A Local Board of Appeal shall be appointed to hear all appeals arising from these
Regulations.
27.
Appointment of Local Board of Appeal
(1)
The Authority may, subject to the approval of the Minister, appoint not less than
three and not more than five persons to constitute the Local Board of Appeal.
10
(2)
The Authority under Regulation 27(1) shall not appoint elected or appointed
officials of the Authority to be members of the Local Board of Appeal.
(3)
Every member of the Local Board of Appeal shall be appointed for such periods,
not exceeding the term of office of the Authority, as may be deemed appropriate
by the Authority, and shall be eligible for re-appointment.
(4)
The Local Board of Appeal shall be presided over by a Chairman appointed from
among its members by the Authority or in the absence of the Chairman, such
member as the members present shall from among themselves appoint.
(5)
A majority of the members of the Local Board of Appeal shall constitute a
quorum.
(6)
The Authority may by a two-thirds vote of its members provide for remuneration
to be paid to members of the Local Board of Appeal and may prescribe the
amount.
(7)
Where a Local Board of Appeal has been appointed and approved under
Regulation 27(1), the Clerk of the Authority shall be the Secretary of that local
Board of Appeal.
28.
Appeal Board to Act as Local Board of Appeal
Where a Local Board of Appeal has not been appointed and approved by the Minister
under Regulation 27(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 Regulation 27(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.
11
29.
Appeals to Local Board of Appeal
(1)
The Local Board of Appeal shall hear appeals from decisions of the Authority
made under these Regulations and shall either confirm the decision or recommend
to the Authority that the decision be varied or reversed.
(2)
Any person may appeal to the Local Board of Appeal from a decision of the
Authority made under these Regulations.
(3)
An appeal shall be submitted in writing to the Authority within thirty days of the
date of the decision appealed from and shall state the circumstances and grounds
of the appeal.
(4)
Within one week of receiving an appeal, the Authority shall forward it to the
Local Board of Appeal together with a copy of the application appealed from and
all other correspondence, plans and pertinent information.
(5)
The Local Board of Appeal shall meet to hear an appeal within sixty calendar
days after that appeal has been filed with the Authority, and shall make its
decision known in writing to the Authority and to the appellant within two weeks
of hearing the appeal.
(6)
The Authority, the appellant, and any other person likely to be affected by the
appeal, shall be advised of the time and place of the appeal hearing by the
Secretary at least one week before the appeal is to be heard.
(7)
The Authority and the appellant are entitled, but are not bound, to appear before
the Local Board of Appeal either personally or by representatives appointed by
them.
(8)
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
12
circumstances and merits of the particular case and the use of discretionary
powers by the Authority.
(9)
In determining an appeal, the Local Board of Appeal shall be bound by the
Municipal Plan and any further scheme or plan that is in force under the Act.
(10)
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 were a councilor
elected under that Act.
(11)
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.
(12)
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.
30.
Effect of Decision by Local Board of Appeal
The Authority shall be bound to carry out the decision of the Local Board of Appeal,
which decision shall be binding on all parties.
31.
Development May Not Proceed
Where an appeal is made from a decision of the Authority, the development concerned
shall not proceed pending a decision on the appeal and the subsequent issue of all
required permits.
Amended 1992 11 27
13
PART II - GENERAL DEVELOPMENT STANDARDS
32.
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 systems 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.
33.
Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the use of
the main buildings in character, use and size, and shall be contained on the same
lot.
(2)
No accessory building or part thereof shall project in front of any building line.
(3)
The sideyard requirements set out in the use zone tables in these Regulations shall
apply to accessory buildings wherever they are located on the lot but accessory
buildings on two (2) adjoining properties may be built to property boundaries
provided they shall be of fire resistant construction and have a common firewall.
34.
Advertisements
Advertisements shall not be erected or displayed except in accordance with Part III of
these Regulations.
35.
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.
14
36.
Building Height
The Authority may permit the erection of buildings of a height greater than that specified
in Schedule C, but in such cases the building line setback and rearyard requirements shall
be varied as follows:
(1)
The building line setback shall be increased by 2 metres for every 1 metre
increase in height.
(2)
The rearyard shall not be less than the minimum building line setback calculated
as described in (1) above plus 6 metres.
37.
Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed
street or service street and may require any new buildings to be located on those building
lines, whether or not such building lines conform to the standards set out in the tables in
Schedule C of these Regulations.
38.
Family and Group Care Centres
Family and 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.
39.
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 11.
40.
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 or a residence which is a non-conforming use in any zone in
15
which agriculture is a permitted use class in the Use Zone Tables in
Schedule C of these Regulations), and, from an area designated for
residential use in an approved Plan, and, from a Provincial or Federal
Park.
(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 Department of
Rural, Agricultural and Northern Development and the Department of The
Environment.
(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 Department of Rural, Agricultural and Northern
Development.
41.
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.
42.
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
16
than, and the yards and floor area are not less than the standards set out in these
Regulations.
43.
Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these
Regulations, no residential or commercial building shall be erected unless the lot on
which it is situated fronts directly onto a street or forms part of a Comprehensive
Development Scheme.
44.
Mobile Homes
(1)
Groups of more than five mobile homes shall be located only in approved mobile
home parks and mobile 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 home lot unless it conforms
with the requirements of Regulation 23 of the Mobile Home Development
Regulations.
45.
Non-Conforming Uses
(1)
Any legal use of buildings or land at the date of the coming into effect of these
Regulations may although not conforming with the Regulations of the Use Zone
in which they are located:
(a)
be continued; or,
(b)
be changed to another non-conforming use if after notice of an application
to change the use has been given in accordance with Regulation 22 and
consideration given to any objections or representations which may have
been received on the matter, it is the Authority's opinion that the new use
is more compatible with the permitted use(s) in the Use Zone in which the
building is located.
(2)
A building, which is legally used for a purpose not permissible within the zone in
which it is located, shall not be enlarged, extended, reconstructed, or altered
structurally, unless such building is thereafter to be used for a purpose permitted
within that zone, provided that:
17
(a)
the interior of such building may be permitted by the Authority to be
reconstructed or altered, in order to render it more convenient or
commodious for the same purpose for which such building is legally used;
(b)
any building, which at the date of the coming into effect of these
Regulations is being used in a zone where such use is not permissible, may
be permitted by the Authority to be altered structurally or extended by not
more than fifty percent of its original floor area if such alterations or
extensions conform to all the requirements of these Regulations except
those pertaining to land use, and are confined to the existing lot.
(3)
A building which is legally used for any 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 of sixty (60) 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.
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46.
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.
47.
Off-Street Parking Requirements
(1)
For every building, structure or use to be erected, enlarged or established, there
shall be provided and maintained a quantity of off-street parking spaces sufficient
to ensure that the flow of traffic on adjacent streets is not impeded by the on-street
parking of vehicles associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Schedule D of these
Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings, shall be
made accessible by means of a hard surfaced right-of-way at least 3 m in width.
Parking required in a Residential Zone shall be provided on the same lot as the
dwelling or dwellings. Parking space for apartments shall be provided in the rear
yard where possible. In a Non-Residential Zone, parking spaces shall be provided
within the limits of the zone in which the use is situated and not more than 200 m
distant from the use concerned.
(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;
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(b)
the parking area shall be constructed and maintained to the specifications
of the Authority;
(c)
the lights used for illumination of the parking area shall be so arranged as
to divert the light away from adjacent development;
(d)
a structure, not more than 3 m in height and more than 5 m² in area may be
erected in the parking area for the use of attendants in the area;
(e)
except in zones in which a service station is a permitted use, no gasoline
pump or other service station equipment shall be located or maintained on
a parking area;
(f)
no part of any off-street parking area shall be closer than 1.5 m to the front
lot line in any zone;
(g)
access to parking areas in non-residential zones shall not be by way of
residential zones;
(h)
where a parking area is in or abuts a residential zone, a natural or
structural barrier at least 1 m in height shall be erected and maintained
along all lot lines;
(i)
where, in the opinion of the Authority, strict application of the above
parking requirements is impractical or undesirable, the Authority may as a
condition of a permit require the developer to pay a service levy in
accordance with these Regulations in lieu of the provision of a parking
area, and the full amount of the levy charged shall be used by the
Authority for the provision and upkeep of alternative parking facilities
within the general vicinity of the development.
48.
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.
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(2)
The number of loading spaces to be provided shall be determined by the
Authority.
(3)
The loading facilities required by this Regulation shall be so arranged that
vehicles can manoeuvre clear of any street and so that it is not necessary for any
vehicle to reverse onto or from a street.
49.
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
playgrounds are not located in areas which may be hazardous to their use and are not
operated for commercial purposes.
50.
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.
51.
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.
52.
Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such purpose,
and to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
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(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and
where a service station is located on a corner lot, the minimum distance between
an access and the intersection of street lines at the junction shall be 10 metres and
the lot line between entrances shall be clearly indicated.
53.
Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the exposed
sides of every building in order to provide access for the maintenance of that building.
54.
Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Authority.
55.
Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of
calculating lot area and yard requirements, shall be considered part of the self-contained
dwelling.
56.
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.
57.
Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which are
designed to form part of a zero lot line development or other comprehensive layout which
does not, with the exception of dwelling unit floor area, meet the requirements of the Use
Zone Table in Schedule C, provided that the dwellings are designed to provide both
privacy and reasonable access to natural daylight and the overall density within the layout
conforms to the regulations and standards set out in the Use Zone Table apply where the
layout adjoins other development.
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PART III - ADVERTISEMENTS
58.
Permit Required
Subject to the provisions of Regulation 63, no advertisement shall be erected or displayed
in the Planning Area unless a permit for the advertisement is first obtained from the
Authority.
59.
Form of Application
Application for a permit to erect or display an advertisement shall be made to the
Authority in accordance with Regulation 16.
60.
Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any
highway or street reservation.
61.
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.
62.
Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the
removal of any advertisements which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination, or structural
condition; or,
(b)
detrimental to the amenities of the surrounding area.
63.
Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Authority:
(a)
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding
0.2 m² in area;
(b)
on an agricultural holding or farm, a notice board not exceeding 1 m² in area and
relating to the operations being conducted on the land;
(c)
on land used for forestry purposes, signs or notices not exceeding 1 m² in area and
relating to forestry operations or the location of logging operations conducted on
the land;
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(d)
on land used for mining or quarrying operations, a notice board not exceeding 1
m² in area relating to the operation conducted on the land;
(e)
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding
0.2 m² in area in connection with the practice of a professional person carried on
in the premises;
(f)
on any site occupied by a church, school, library, art gallery, museum, institution
or cemetery, one notice board not exceeding 1 m² in area;
(g)
on the principal façade of any commercial, industrial or public building, the name
of the building or the name of the occupants of the building, in letters not
exceeding one-tenth of the height of that façade or 3 m, whichever is the lesser;
(h)
on any parking lot directional signs and one sign not exceeding 1 m² in size,
identifying the parking lot.
64.
Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply
with the appropriate conditions and specifications set out in the Use Zone Tables in
Schedule C of these Regulations.
65.
Non-Conforming Uses
Notwithstanding the provisions of Regulation 58, 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 appropriate by the Authority.
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PART IV - SUBDIVISION OF LAND
66.
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.
67.
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Authority have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system.
68.
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 12 and 13.
69.
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Authority shall,
without limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
(d)
the land use, physical form and character of adjacent developments;
(e)
the transportation network and traffic densities affecting the site;
(f)
the relationship of the project to existing or potential sources of nuisance;
(g)
soil and subsoil characteristics;
(h)
the topography of the site and its drainage;
(i)
natural features such as lakes, streams, topsoil, trees and shrubs;
(j)
prevailing winds;
(k)
visual quality;
25
(l)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
70.
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.
71.
Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in
accordance with Regulation 16.
72.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
73.
Building Lines
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines.
74.
Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate to the
Authority, at no cost to the Authority, an area of land equivalent to not more than
10% of the gross area of the subdivision or 25 m² for every dwelling unit
permitted in the subdivision, whichever is the greater, for public open space,
provided that:
(a)
where land is subdivided for any purpose other than residential use, the
Authority shall determine the percentage of land to be dedicated;
(b)
if, in the opinion of the Authority, no public open space is required, the
land may be used for such other public use as the Authority may
determine;
26
(c)
the location and suitability of any land dedicated under the provisions of
this Regulation shall be subject to the approval of the Authority but in any
case, the Authority shall not accept land which, in its opinion is incapable
of development for any purpose;
(d)
the Authority may accept from the developer in lieu of such area or areas
of land the payment of a sum of money equal to the value of the land
which would otherwise be required to be dedicated;
(e)
money received by the Authority in accordance with Regulation 74(1)(d)
above, shall be reserved by the Authority for the purpose of the acquisition
or development of land for public open space or other public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Authority and may be sold or leased by the Authority for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall be
applied against the cost of acquisition or development of any other land for the
purpose of public open space or other public purposes.
(3)
The Authority may require a strip of land to be reserved and remain undeveloped
along the banks of any river, brook or pond, and this land may, at the discretion of
the Authority, constitute the requirement of land for public use under Regulation
74(1).
75.
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.
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76.
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:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter of not less
than 30 m.
(c)
The maximum length of any cul de sac shall be:
(i)
without emergency vehicle access - 110 m.
(ii)
with emergency vehicle access - 230 m.
(d)
Emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall
connect the head of the cul de sac with an adjacent street.
(e)
No cul de sac shall be located so as to appear to terminate a collector street.
(f)
New subdivisions shall have street connections with an existing street or streets.
(g)
All street intersections shall be constructed within 5º of a right angle and this
alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(i)
No more than four streets shall join at any street intersection.
(j)
No residential street block shall be longer than 490 m between street intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with the
approved standards of the Authority, but in the absence of such standards, shall
conform to the following minimum standards:
Type of Street
Street
Reservation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Arterial Streets
30 m
15 m
1.5 m
Discretion
of Council
Collector Streets
20 m
15 m
1.5 m
2
Local Residential Streets:
where more than 50% of
the units are single or
double dwellings;
where 50% or more of
the units are row
houses or apartments.
15 m
20 m
9 m
9 m
1.5 m
1.5 m
Service Streets
15 m
9 m
1.5 m
Discretion
of Council
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(l)
No lot intended for residential purposes shall have a depth exceeding four times
the frontage.
(m)
Residential lots shall not be permitted which abut a local street at both front and
rear lot lines.
(n)
The Authority may require any existing natural, historical or architectural feature
or part thereof to be retained when a subdivision is developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
77.
Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters and
catch basins and all other utilities deemed necessary by the Authority to service
the area proposed to be developed or subdivided shall be designed and prepared
by or approved by the Engineer. Such designs and specifications shall, upon
approval by the Authority, be incorporated in the plan of subdivision.
(2)
Upon approval by the Authority of the proposed subdivision, the Engineer shall
certify all work of construction layout preliminary to the construction of the
works and thereupon the developer shall proceed to the construction and
installation, at his own cost and in accordance with the approved designs and
specifications and the construction layout certified by the Engineer, or 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.
78.
Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of materials and
labour for the construction and installation of all works calculated in accordance with the
Schedule of Fees recommended by the Association of Professional Engineers of
Newfoundland and in effect at the time the work is carried out.
29
79.
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and
paving specified by the Authority as being necessary, may, at the Authority's discretion,
be deferred until a later stage of the work on the development of the subdivision but the
developer shall deposit with the Authority before approval of his application, an amount
estimated by the Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the work of development, the authority
shall call for tenders for the work of construction and installation of the works, and the
amount so deposited by the developer shall be applied towards payment of the contract
cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the
amount of the excess. If the contract price is less than the deposit, the Authority shall
refund the amount by which the deposit exceeds the contract price. Any amount so
deposited with the Authority by the developer shall be placed in a separate savings
account in a bank and all interest earned thereon shall be credited to the developer.
80.
Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land and upon
request of the Authority, transfer to the Authority, at no cost to the Authority, and
clear of all liens and encumbrances;
(a)
all lands in the area proposed to be developed or subdivided which are
approved and designated by the Authority for public uses as streets, or
other rights-of-way, or for other public use;
(b)
all services or public works including streets, water supply and
distribution and sanitary and storm drainage systems installed in the
subdivision that are normally owned and operated by the Authority.
(2)
Before the Authority shall accept the transfer of lands, services or public works of
any subdivision, the Engineer shall, at the cost to the developer, test the streets,
services and public works installed in the subdivision and certify his satisfaction
with their installation.
(3)
The Authority shall not provide maintenance for any street, service or public work
in any subdivision until such time as such street, service or public work has been
transferred to and accepted by the Authority.
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81.
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:
(a)
the lot can be served with satisfactory water supply and sewage disposal system;
and,
(b)
satisfactory access to a street is provided for the lots.
82.
Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building types
and for landscaping in order to enhance the visual aspects of the completed
development and to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by the Authority, shall not be changed without
written application to and subsequent approval of the Authority.
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PART V - USE ZONES
83.
Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use Zones
which are shown on the Zoning Map attached to and forming part of these
Regulations.
(2)
Subject to Regulation 83(3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in
the Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not
set out in the Use Zone Tables in Schedule C, the Authority may in its discretion,
determine the standards, requirements and conditions which shall apply.
84.
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.
85.
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.
86.
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 22 and has considered any
objections or representations which may have been received on the matter.
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87.
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.
33
SCHEDULE A - DEFINITIONS
ACCESS: A way, intended for use by vehicles, pedestrians or animals as a means of going from
a road, street or highway to land adjacent to it.
ACCESSORY BUILDING: A detached subordinate building not used for human habitation,
located on the same lot as the main building structure or use to which it is accessory, the use of
which is naturally or customarily incidental and complementary to the main use of the building,
land or structure, and shall include:
(a)
in the case of residential uses: domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetable storage cellars,
shelters for domestic pets, or radio and television antennae;
(b)
in the case of commercial uses: workshops or garages;
(c)
in the case of industrial uses: garages, offices, raised ramps and docks.
ACT: The Urban and Rural Planning Act.
ADVERTISEMENT: Any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part for
the purposes of advertisement, announcement or direction; excluding such things employed
wholly as a memorial, or functional advertisement of Councils, or other local authorities, public
utilities and public transport undertakers, and including any boarding or similar structure used or
adapted for use for the display of advertisements.
AGRICULTURE: 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.
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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 bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
1 cow (including calf);
100 female mink (including associated males and kits);
100 female rabbits (including associated males and litters)
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
APARTMENT BUILDING: A building containing three or more dwelling units, but does not
include a row dwelling.
APPEAL BOARD: The appropriate Appeal Board established under the Act.
ARTERIAL STREET: The streets in the Planning Area constituting the main traffic arteries of
the area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map.
BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons
other than the immediate family of the owner or tenant.
BUILDING: Every structure, erection, excavation, alteration or improvement whatsoever
placed on, over or under land, or attached, anchored or moored to land, and includes mobile
structures, vehicles and marine vessels adapted or constructed for residential, commercial,
industrial and other like uses, and any part of a building as so defined and any fixtures that form
part of a building.
35
BUILDING LINE: A line established by the Authority to set the horizontal distance between
the closest point of a building and the street line.
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.
DAYCARE CENTRE or DAY NURSERY: A building or part of a building in which services
and activities are regularly provided to children of pre-school age during the full daytime period
as defined under the Day Nurseries Act, but does not include a school as defined by the Schools
Act.
DEVELOPMENT: The carrying out of any building, engineering, mining or other operations
in, on, over, or under land, or the making of any material change in the use, or the intensity of
use of any land, buildings, or premise and without limiting the generality of the foregoing, shall
specifically include:
(a)
the making of an access onto a highway, road or way;
(b)
the erection of an advertisement or sign;
(c)
the parking of a trailer, or vehicle of any description used for the sale of
refreshments or merchandise, or as an office, or for living accommodation, for
any period of time;
And shall exclude:
(d)
the carrying out of works for the maintenance, improvement or other alteration of
any building, being works which affect only the interior of the building or which
do not materially affect the external appearance or use of the building;
(e)
the carrying out by a highway authority of any works required for the
maintenance or improvement of a road, being works carried out on land within the
boundaries of the road reservation;
(f)
the carrying out by any local authority or statutory undertakers of any works for
the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables
or other apparatus, including the breaking open of any street or other land for that
purpose;
(g)
the use of any building or land within the curtilage of a dwelling house for any
purpose incidental to the enjoyment of the dwelling house as such.
36
DIRECTOR: The Director of Urban and Rural Planning.
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.
DWELLING UNIT: A self-contained unit consisting of one or more habitable rooms used or
designed as the living quarters for one household.
ENGINEER: A professional engineer employed or retained by the Authority.
FAMILY AND GROUP CARE CENTRE: A dwelling accommodating up to but no more
than six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this
definition includes, but is not limited to, the facilities called "Group Homes", "Halfway House",
and "Foster Home".
FLOOR AREA: The total area of all floors in a building measured to the outside face of
exterior walls.
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 front wall of
the main building on the lot.
GARAGE: A building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up,
demolishing, or treating any article, commodity or substance. "Industry" shall be construed
accordingly.
37
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.
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.
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:
(a)
are involuntarily detained, or detained for penal or correctional purposes, or
whose liberty is restricted, or:
(b)
require special care or treatment because of age, mental or physical limitations or
medical conditions.
LAND: Includes land covered by water, and buildings and structures on, over, or under the soil
and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY: Use of any land or buildings for any general industrial use that can be
carried out without hazard or intrusion and without detriment to the amenity of the surrounding
area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
LOCAL STREET: 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 are regularly rented to persons other
than the immediate family of the owner or tenant.
LOT: Any plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building.
38
LOT COVERAGE: The combined area of all buildings on the lot measured at the level of the
lowest floor above the established grade expressed as a percentage of the total area of the lot.
LOT AREA: The total horizontal area within the lot lines of the lot.
MINERAL WORKING: Land or buildings used for the working or extraction of any naturally
occurring substance.
MOBILE HOME: A transportable factory-building single family dwelling unit:
(a)
which complies with space standards substantially equal to those laid down in the
Canadian Code for Residential Construction and is in accordance with the
construction standards laid down and all other applicable Provincial and
Municipal Codes and;
(b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot, and
subsequently supported on its own wheels, jacks, posts or piers, or on a
permanent foundation and;
(ii)
connected to exterior public utilities approved by the Authority, namely,
piped water, piped sewer, electricity and telephone, in order for such
mobile home unit to be suitable for year round term occupancy.
MOBILE HOME PARK: A mobile home development under single or joint ownership, cared
for and controlled by a mobile home park operator where individual mobile home lots are rented
or leased with or without mobile home units placed on them and where ownership and
responsibility for the maintenance and development of site facilities including underground
services, access roads, communal area, snowclearing and garbage collection, or any of them, are
the responsibility of the mobile home park management, and where the mobile home
development is classified as a mobile home park by the Authority.
MOBILE HOME SUBDIVISION: A mobile home development requiring the subdivision of
land whether in single or joint ownership into two or more pieces or parcels of land for the
purpose of locating thereon mobile home units under either freehold or leasehold tenure and
39
where the maintenance of streets and services is the responsibility of a municipality or public
authority, and where the mobile home development is classified as a mobile home subdivision by
the Authority.
OWNER: Any person, firm or corporation controlling the property under consideration.
PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working.
REAR YARD DEPTH: The distance between the rear lot line and the rear wall of the main
building on the lot.
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.
ROW DWELLING: Three or more dwelling units at ground level in one building, each unit
separated vertically from the others.
SEASONAL RESIDENCE: A dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
SERVICE STATION: Any land or building used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of motor
vehicles.
SERVICE STREET: A street constructed parallel to or close to another street for the purpose
of limiting direct access to that street.
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 service 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.
40
SHOPPING CENTRE: A group of shops and complementary uses with integrated parking and
which is planned, developed and designed as a unit containing a minimum of 5 retail
establishments.
SIDEYARD WIDTH: The distance between a side lot line and the nearest side wall of any
building on the lot.
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.
STREET: Any street, road or highway or any other way designed or intended for public use for
the passage of vehicles and pedestrians, owned by the Authority or other public agency and
maintained at public expense, and is accessible to Fire Department vehicles and equipment.
STREET LINE: The edge of a street, road or highway reservation as defined by the authority
having jurisdiction.
SUBDIVISION: The dividing of any land, whether in single or joint ownership, into two or
more pieces for the purpose of development.
SUBSIDIARY APARTMENT: A separate dwelling unit constructed within and subsidiary to a
self-contained dwelling.
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.
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 in Schedule C of
the Regulations relate.
ZONING MAP: The map or maps attached to and forming part of the Regulations.
41
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
NOTE: The classification of uses set out in the following table is based on the Classification of Typical
Occupancies included as Table 3.1.2.A of the National Building Code of Canada, 1980. This classification
is referred to in Regulation 84.
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
USES
1.
Assembly Uses for
the production and
viewing of the
performing arts.
(a) Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience
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)
(d) Place of
Worship
Churches and similar
places of worship
Church Halls
(e) Passenger
Assembly
Passenger Terminals
(f) Club and
Lodge
Private Clubs and Lodges
(non-residential)
(g) Catering
Restaurants
Bars
Lounges
(h) Funeral Home
Funeral Homes and
Chapels
(i) Child Care
Day Care Centres
(j) Amusement
Electronic Games
Arcades
Pinball Parlours
Poolrooms
42
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
USES
(continued)
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
Fairgrounds
Exhibition Grounds
Drive-in Theatres
B. INSTITU-
TIONAL
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
Informaries
Orphanages
Psychiatric Hospitals
Sanatoria
C. RESIDEN-
TIAL USES
1.
Residential Dwelling
Uses
(a) Single
Dwelling
Single Detached
Dwellings
Family & 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
43
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDEN-
TIAL USES
(continued)
2.
General Residential
Uses (continued)
(a) Collective
Residential
Residential Colleges &
Schools
University & College
Halls of Residence
Convents & Monasteries
Nurses and Hospital
Residences
(b) Boarding
House
Residential
Boarding Houses
Lodging Houses
(c) Commercial
Residential
Hotels & Motels
Hostels
Residential Clubs
(d) Seasonal
Residential
Summer Homes &
Cabins
Hunting & Fishing
Cabins
(e) Mobile
Homes
Mobile Homes
D. BUSINESS &
PERSONAL
SERVICE
USES
1.
Business,
Professional, and
Personal Service
Uses
(a) Office
Offices (including
Government Offices)
Banks
(b) Medical &
Professional
Medical Offices and
Consulting Rooms
Dental Offices &
Surgeries
Legal Offices
Similar Professional
offices
(c) Personal
Service
Barbers
Hairdressers
Beauty Parlours
Small Appliance Repairs
(d) General
Service
Self-service Laundries
Dry Cleaners (not using
flammable or
explosive
substances)
Small Tool and
Appliance Rentals
Travel Agents
44
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
PERSONAL
SERVICE
USES
(continued)
1.
Business,
Professional &
Personal Service
Uses (continued)
(e) Communi-
cations
Radio Stations
Telephone Exchanges
(f) Police Station
Police Stations without
detention quarters
(g) Taxi Stand
Taxi Stands
(h) Take-out Food
Service
Take-out Food Service
(i) Veterinary
Veterinary Surgeries
E. MERCAN-
TILE USES
1.
Retail Sale and
Display Uses
(a) Shopping
Centre
Shopping Centres
(b) Shop
Retail Shops and Stores
and Showrooms
Department Stores
(c) Indoor Market Market Halls
Auction Halls
(d) Outdoor
Market
Market Grounds
Animal Markets
Produce and Fruit Stands
Fish Stalls
(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
Spray Painting
45
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
USES
(continued)
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
(b) Service
Station
Gasoline Service Stations
Gas Bars
3.
Light, Non-
hazardous or Non-
intrusive Industrial
Uses
(a) Light Industry
Light Industry
Parking Garages
Indoor Storage
Warehouses
Workshops
G. NON-
BUILDING
USES
1.
Uses not directly
related to building
(a) Agriculture
Commercial Farms
Hobby Farms
Market Gardens &
Nurseries
(b) Forestry
Tree Nurseries
Silviculture
(c) Mineral
Working
Quarries
Pits
Mines
Oil Wells
(d) Recreational
Open Space
Playing Fields
Sports Grounds
Parks
Playgrounds
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural, Historical
and Scenic Sites
Steep Slopes
Wildlife Sanctuaries
(f) Cemetery
Cemeteries
Graveyards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
46
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G. NON-
BUILDING
USES
(continued)
1.
Uses not directly
related to building
(continued)
(h) Solid Waste
Solid Waste Disposal
Sanitary Land Fill
Incinerators
(i) Animal
Animal Pounds
Kennels
Zoos
(j) Antenna
TV, Radio and
Communications
Transmitting and
Receiving Masts and
Antennae
(k) Transportation Airfields
Railway Yards
Docks and Harbours
47
SCHEDULE C - USE ZONE TABLES
NOTE:
This schedule contains tables showing the use classes which may be permitted or
which may be treated as discretionary use classes for the purpose of these
Regulations. The tables also indicate the required standards of development and
may also include conditions affecting some or all of the use classes.
The schedule contains tables for the Following Use Zones:
Residential (RES)
Mixed Development (MD)
Marine Industrial (I)
Recreational Open Space (ROS)
Open Space (OS)
Rural Resource (RR)
Environmental Protection (EP)
Mineral Workings (MM)
Comprehensive Development Area
48
USE ZONE TABLE - RESIDENTIAL (RES)
ZONE TITLE
RESIDENTIAL (RES)
(COW HEAD)
PERMITTED USE CLASSES - (see Regulation 85)
Single dwelling, recreational open space.
DISCRETIONARY USE CLASSES - (see Regulation 22 and 86)
Double dwelling, place of worship, antenna, personal service, convenience store, cultural and
civic, seasonal residence, educational, medical and professional, mobile home, child care, club
and lodge and boarding house residential, (Light industry, general industry, hazardous
industry, medical and professional, office - see Condition 6) (Convenience store - See
Condition 7).
DRA-4 and NL Gazette
DRA 1995-6 and NL Gazette
STANDARDS
WHERE PERMITTED
Single
Dwelling
Double
Dwelling
Lot area (m²) minimum
650
550
*
Floor area (m²) minimum
56
110
*
Frontage (m) minimum
20
35
Building Line Setback
(m) (minimum)
8
8
Sideyard Width (m)
(minimum)
1
1
Rearyard Depth (m)
(minimum)
15
15
Lot Coverage (%)
(maximum)
33
33
Height (m) (maximum)
8
8
(See Conditions)
* per dwelling unit.
CONDITIONS
1.
Residential Servicing
All residential development in this zone shall front on a publicly owned and maintained
road and shall be serviced by municipal water and sewer systems.
2.
Seasonal Residences
All seasonal residences shall conform to the standards for residential development.
49
3.
Mobile Homes
All mobile homes shall conform to the standards for residential development.
4.
Accessory Buildings
Accessory buildings shall have a lot coverage no greater than 7% and a height of no more
than 3 metres.
5.
Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following
conditions:
(i)
The store shall form part of, or be attached to a single dwelling.
(ii)
The retail use shall be subsidiary to the residential character of the area, and shall
not affect residential amenities of adjoining properties.
(iii)
Not more than twenty-five (25) percent of the total floor area of the dwelling up
to a maximum of forty-five (45) square metres is devoted to the use.
6.
Home Occupations
(1)
Home based occupations may be permitted in the Residential Zone on a
developed residential lot or in an accessory building subsidiary to the
residential use or the home occupation use, if the activity is carried out by a
resident of the dwelling.
(2)
The following use classes shall be restricted to the category of home
occupation activities and may be permitted on a developed residential lot:
(a)
Light Industry Use Class
The Light Industry use class shall be limited to the manufacture and
ancillary retail sales of goods produced or repaired on the residential
lot.
(b)
Medical and Professional Use Class
Medical Professional uses may be permitted as a discretionary use in
the form of medical clinics, offices or similar uses if the use is clearly
subsidiary to the residential use.
(c)
Retail Sales/Office Use Class
Retail sales on a residential lot may be permitted only if the sales re
ancillary and subsidiary to a specified home occupation use class. The
retail sales must be directly related to goods manufactured on the
residential lot or to a service provided on the residential lot shall be
ancillary to an activity carried out under the office use class.
(d)
Hazardous Industry Use Class
Hazardous industrial uses shall be limited to those directly associated
with auto body repair shops and spray painting. Auto Body shops on
residential lots shall be limited to 1 operating by and a maximum floor
area of 45 square metres.
(e)
General Industry Use Class
50
(i)
Contractors yards shall be limited to a minimum of 2 vehicles,
and 1 transportation float. All vehicles shall be stored within
the side yards of the building lot.
(ii)
General Garages shall be limited to 1 operating bay and a
maximum floor area of 45 square metres.
(3)
All Home Occupation uses shall be listed in the discretionary Use class
section of the Use Zone table.
(4)
Home occupation shall be compatible with adjacent uses, shall not
constitute a nuisance or diminish the amenity of the surrounding area.
(5)
Home occupation uses shall not occupy more than 25 percent of the
floor area of a dwelling and shall not exceed 45 m2 total area in
combination with the floor area of an accessory building.
(6)
The dwelling shall be the principal residence of the developer. If the
developer is not the owner of the dwelling, the written permission of
the owner shall be a condition of the development permit.
(7)
The wholesaling or storage of goods shall not be permitted, except of a minor
nature in direct association with a primary retail use. Outdoor storage shall
not be permitted.
(8)
A minimum of 1 off-street parking space shall be provided for the use, in
addition to the parking required for residential uses.
(9)
Manufacturing activities shall be limited to those commonly associated with
the small scale production of specialty goods or foods.
7.
Convenience Store Use Class
The Convenience Store Use Class may be permitted as a discretionary use under the
following conditions:
(a)
The store shall not be permitted on a developed residential lot.
(b)
The retail use shall be subsidiary to the residential character of the area and
shall not affect the amenities of adjoining residential lots.
DRA 1995-6 and NL Gazette
8.
Medical, Professional and Personal Service Uses
Medical, professional and personal service uses may be permitted as a discretionary use
in a dwelling unit in the form of doctors' consulting rooms, personal services, small
business services, small appliance repair and sporting goods repair service and similar
uses provided that:
(i)
The use is clearly a subsidiary use to the residential use and does not detract from
the residential character of the neighborhood.
(ii)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the approved use and that no repairs to vehicles or
heavy equipment are carried out.
(iii)
Activities associated with the use are not hazardous and do not cause noticeable
noise, odor, dust or fumes, or inconvenience and are not a nuisance to the
occupants of adjoining residences.
(iv)
Not more than twenty-five (25) per cent of the total floor area of the dwelling up
to a maximum of forty-five (45) square metres is devoted to the use.
51
9.
Medical and Professional Uses
Notwithstanding any other conditions in this table, Medical and Professional uses may be
permitted in the residential zone provided that such uses do not constitute a hazard to
public safety and conforms to the standards for residential development, including
requirements for vehicle parking.
10.
All Other Discretionary Uses
Where permitted as a discretionary use, all other uses shall conform to the frontage,
building line setback, sideyard, rearyard, lot coverage and height requirements specified
for a single dwelling.
11.
Home Occupations
(1)
Home based occupations may be permitted in the Residential Zone on a
developed residential lot or in an accessory building subsidiary to the
residential use or the home occupation use, if the activity is carried out by a
resident of the dwelling.
(2)
The following use classes shall be restricted to the category of home
occupation activities and may be permitted on a developed residential lot:
(a)
Light Industry Use Class
The Light Industry use class shall be limited to the manufacture and
ancillary retail sales of goods produced or repaired on the residential
lot.
(b)
Medical and Professional Use Class
Medical Professional uses may be permitted as a discretionary use in
the form of medical clinics, offices or similar uses if the use is clearly
subsidiary to the residential use.
(c)
Retail Sales/Office Use Class
Retail sales on a residential lot may be permitted only if the sales re
ancillary and subsidiary to a specified home occupation use class. The
retail sales must be directly related to goods manufactured on the
residential lot or to a service provided on the residential lot shall be
ancillary to an activity carried out under the office use class.
(d)
Hazardous Industry Use Class
Hazardous industrial uses shall be limited to those directly associated
with auto body repair shops and spray painting. Auto Body shops on
residential lots shall be limited to 1 operating by and a maximum floor
area of 45 square metres.
(e)
General Industry Use Class
(i)
Contractors yards shall be limited to a minimum of 2 vehicles,
and 1 transportation float. All vehicles shall be stored within
the side yards of the building lot.
(ii)
General Garages shall be limited to 1 operating bay and a
maximum floor area of 45 square metres.
(3)
All Home Occupation uses shall be listed in the discretionary Use class
section of the Use Zone table.
(4)
Home occupation shall be compatible with adjacent uses, shall not
constitute a nuisance or diminish the amenity of the surrounding area.
52
(5)
Home occupation uses shall not occupy more than 25 percent of the
floor area of a dwelling and shall not exceed 45 m2 total area in
combination with the floor area of an accessory building.
(6)
The dwelling shall be the principal residence of the developer. If the
developer is not the owner of the dwelling, the written permission of
the owner shall be a condition of the development permit.
(7)
The wholesaling or storage of goods shall not be permitted, except of a minor
nature in direct association with a primary retail use. Outdoor storage shall
not be permitted.
(8)
A minimum of 1 off-street parking space shall be provided for the use, in
addition to the parking required for residential uses.
(9)
Manufacturing activities shall be limited to those commonly associated with
the small scale production of specialty goods or foods.
12.
Convenience Store Use Class
The Convenience Store Use Class may be permitted as a discretionary use under the
following conditions:
(a)
The store shall not be permitted on a developed residential lot.
(b)
The retail use shall be subsidiary to the residential character of the area and
shall not affect the amenities of adjoining residential lots.
DRA-1995-6 and NL Gazette
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.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot
or site in this zone occupied by a use permitted or existing as a legal non-conforming use
in this use zone, shall be as follows:
i)
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.
ii)
No advertisement shall exceed 5 m² in area.
53
USE ZONE TABLE - MIXED DEVELOPMENT (MD)
ZONE TITLE
MIXED DEVELOPMENT (MD)
(COW HEAD)
PERMITTED USE CLASSES - (see Regulation 85)
Theatre, cultural and civic, passenger assembly, club and lodge, catering, funeral home, child
care, office, medical and professional, personal service, general service, communications, police
station, taxi stand, veterinary, shop, indoor market.
DISCRETIONARY USE CLASSES - (see Regulation 22 and 86)
General assembly, place of worship, amusement, commercial residential, take-out food service,
outdoor market, service station, recreational open space, antenna, and single dwelling and
convenience store, double dwelling, row dwelling. (Convenience store - See Condition 12)
(Light industry, general industry, hazardous industry, medical and professional, office -
See Condition 11)
DRA 1988-1 and NL Gazette.
DRA 1992-5 and NL Gazette
DRA 1995-6 and NL Gazette
CONDITIONS
STANDARDS
WHERE PERMITTED
Single
Dwelling
Double
Dwelling
Row
Dwelling
Lot area (m2) minimum
650
470 per
double
unit
350 *
(average)
Floor area (m2) minimum
56
40
40
Floor area (m2) (minimum)
20
15.2
12*
(average)
Building Line Setback (m)
(minimum)
8
8
8
Sideyard Width (m) (minimum)
1
3
3
Rearyard Depth (m) (minimum)
15
13
13
Lot Coverage (%) (maximum)
33
33
33
Hieght (maximum)
8
8
8
*Per welling unit (See
Consitions)
DRA 1992-5 and NL Gazette
54
1.
Development Standards
a)
The development standards for this zone for all uses other than residential shall be
as follows:
i)
Minimum Building Line Setback
4 metres
ii)
Minimum Sideyards width, except where
buildings are built with adjoining party walls
5 metres
iii)
Minimum Rearyard
10 metres
iv)
Maximum Height
15 metres
v)
Minimum Floor Area
56 m²
vi)
Minimum Frontage
20 m²
vii)
Minimum lot size
650 m²
b)
Residential development shall conform to the standards of the Residential Zone.
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot
or site in this zone occupied by a use permitted or existing as a legal non-conforming use
in this use zone, shall be as follows:
i)
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.
ii)
No advertisement shall exceed 5 m² in area.
3.
Advertisements Related to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any
site, relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(i)
Each advertisement shall not exceed three square metres in area.
(ii)
When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature
of the distance or direction to the premises to which they relate.
(iii)
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.
4.
Discretionary Use Classes
The discretionary use classes listed in the 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.
5.
All development in this zone shall front on a publically owned and maintained road
and shall be serviced by municipal water and sewer.
DRA 1992-5 and NL Gazette
55
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific land use,
shall be as follows:
i)
Each advertisement shall not exceed 3 m² in area.
ii)
When the advertisements relate to a specific land use, they shall be located within
a reasonable distance of, and only show thereon the name and nature of the
distance or direction to the premises to which they relate.
iii)
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.
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.
5.
All development in this zone shall front on a publicly owned and maintained road and
shall be serviced by municipal water and sewer.
56
USE ZONE TABLE - MARINE INDUSTRIAL (I)
ZONE TITLE
MARINE INDUSTRIAL (I)
(COW HEAD)
PERMITTED USE CLASSES - (see Regulation 85)
General industry, light industry.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Passenger assembly, shop, antenna, transportation, mineral working, office, seasonal residence,
outdoor market, conservation.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
i)
Minimum Building Line Setback ......................................................... 10 m
ii)
Minimum Sideyard Width ...................................................................... 5 m
iii)
Minimum Rearyard Depth .................................................................... 15 m
iv)
Maximum Height .................................................................................. 15 m
v)
Minimum Lot Area ............................................................................ 650 m²
vi)
Minimum Floor Area ........................................................................... 50 m²
vii)
Minimum Frontage ............................................................................... 20 m
viii)
Minimum Access Width ...................................................................... 7.5 m
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot
or site in this zone occupied by a use permitted or existing as a legal non-conforming use
in this use zone, shall be as follows:
i)
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.
ii)
No advertisement shall exceed 5 m² in area.
57
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific land use,
shall be as follows:
i)
Each advertisement shall not exceed 3 m² in area.
ii)
When the advertisements relate to a specific land use, they shall be located within
a reasonable distance of, and only show thereon the name and nature of the
distance or direction to the premises to which they relate.
iii)
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.
4.
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.
5.
Mineral Workings
Any mineral working site shall be operated according to the conditions set out for the
Mineral Working Zones.
6.
Seasonal Residences
Seasonal residences shall conform to the standards set out for the Residential Zone.
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.
Shore Front Uses
Shore front uses may be exempted from the rear yard requirements at the discretion of the
Authority.
9.
Access
All shore front uses must provide access to a publicly owned and maintained road.
58
USE ZONE TABLE - RECREATIONAL OPEN SPACE (ROS)
ZONE TITLE
RECREATIONAL OPEN SPACE (ROS)
(COW HEAD)
PERMITTED USE CLASSES - (see Regulation 85)
Recreational open space.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Outdoor assembly, antenna, conservation, agriculture.
CONDITIONS
1.
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.
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:
(i)
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.
(ii)
No advertisement shall exceed 5 m² in area.
59
USE ZONE TABLE - OPEN SPACE (OS)
ZONE TITLE
OPEN SPACE (OS)
(COW HEAD)
PERMITTED USE CLASSES - (see Regulation 85)
Agriculture.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Antenna, cemetery.
CONDITIONS
1.
Development Standards
(a)
No type of permanent building structure shall be permitted in the zone with the
exception of buildings associated with an antenna.
(b)
Any such building shall not exceed 37 m² in floor area.
(c)
Building of a non-permanent nature connected with agricultural activities in this
zone may be permitted at the discretion of the Authority.
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:
(i)
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.
(ii)
No advertisement shall exceed 5 m² in 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.
60
USE ZONE TABLE - RURAL RESOURCE (RR)
ZONE TITLE
RURAL RESOURCE (RR)
(COW HEAD)
PERMITTED USE CLASSES - (see Regulation 85)
Agriculture, forestry.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Outdoor assembly, single dwelling, outdoor market, general industry, mineral working,
recreational open space, cemetery, antenna, solid waste, transportation, convenience store
DRA 1989-3 and NL Gazette.
CONDITIONS
1.
The development standards for this zone for all uses other than residential shall be as
follows:
i)
Minimum Setback
10 m
ii)
Minimum Lot Size
1860 m²
iii)
Minimum Frontage
23 m
iv)
Minimum Floor Area
56 m²
v)
Minimum Road Access Width
7.5 m
2.
Permanent Access
Dwellings and uses that require permanent year round access shall have frontage on a
publicly owned and maintained road as specified in the development standards for this
zone.
3.
Semi-Permanent Access
All uses other than those that require permanent year round access must provide a road
access to a publicly owned and maintained road according to the development standards
for this zone.
4.
Rural Resource
The Authority may waive or vary the requirement of road access for a non-building use
that is not accessible to a publicly owned and maintained road provided that vehicular
access is not required and access for fire protection equipment is adequate.
61
5.
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:
(i)
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.
(ii)
No advertisement shall exceed 5 m² in area.
6.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific land use,
shall be as follows:
i)
Each advertisement shall not exceed 3 m² in area.
ii)
When the advertisements relate to a specific land use, they shall be located within
a reasonable distance of, and only show thereon the name and nature of the
distance or direction to the premises to which they relate.
iii)
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.
7.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided 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, and in the case of general industry that they are restricted to maintenance and
repair of equipment, processing and storage related to agriculture or forestry uses.
8.
Residential Dwellings
Residential dwellings shall not be permitted in the Rural Resource zone except at the
discretion of the Authority and where such a dwelling is clearly ancillary and necessary
for the effective operation of a permitted agricultural use.
9.
Mineral Working
Any mineral working site shall be operated according to the conditions set out for
Mineral Working zones.
62
10.
Environmental Reserve
There shall not be any development in the Rural Resource Zone within 30.5 metres of the
usual high water mark of any water course or water body in that zone, with the exception
of transportation uses.
11.
Buffer Zone
The Authority may establish a buffer zone between any rural resource use and any other
use zone if the adjacent uses are not compatible.
12.
Convenience Stores
Convenience stores in the Rural Resource zone shall be permitted only in
conjunction with tourism related outdoor assembly and/or commercial-residential
uses.
DRA 1989-3 and NLGazette
63
USE ZONE TABLE - ENVIRONMENTAL PROTECTION (EP)
ZONE TITLE
ENVIRONMENTAL PROTECTION (EP)
(COW HEAD)
PERMITTED USE CLASSES - (see Regulation 85)
Conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Agriculture, transportation.
CONDITIONS
1.
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.
64
USE ZONE TABLE - MINERAL WORKINGS (MW)
ZONE TITLE
MINERAL WORKINGS (MW)
(COW HEAD)
PERMITTED USE CLASSES - (see Regulation 85)
Mineral working.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Agriculture, forestry, 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:
(i)
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.
(ii)
No advertisement shall exceed 5 m² in area.
2.
Separation from Adjacent Uses
Unless the Authority is satisfied that the working will not create a nuisance and will not
adversely affect the amenity of the specified development of natural features, no mineral
working shall be located closer than the minimum distances set out below to the specified
development or natural feature:
Minimum Distance of Pit
Or Quarry Working
Existing or Proposed
Residential Development
300 metres
Any other developed area or area
likely to be developed during the
life of the pit or quarry working
150 metres
Public Highway or Street
50 metres
Protected Road
90 metres
Waterbody or Watercourse
50 metres
65
3.
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 working:
a)
Where tree screens exist between the mineral working and adjacent public
highways and streets or other land uses (excepting forestry and agriculture), the
tree screens shall be retained in a 30-metre wide strip of vegetation so that
visibility of any part of the use from the surrounding uses or streets will be
prevented. The tree screens must be maintained by the owner or occupier of the
use to retain 30 metres in a forested appearance. Where vegetation dies or is
removed from the 30-metre strip, the Authority may require new trees of a
minimum height of 1 metre be planted to fill in the areas affected to the
satisfaction of the Authority or, at the discretion of the Authority, condition 2(b)
must be undertaken.
b)
Where no tree screens exist of sufficient width and density to constitute a visual
screen, earthen berms shall be constructed to a height sufficient to prevent
visibility of any part of the mineral working from adjacent uses (excepting
forestry and agriculture), or adjacent to 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 mineral working or associated activity.
4.
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.
5.
Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably reduce
the quality of water in any waterbody or watercourse. Any access road to a pit and
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.
6.
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.
66
7.
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of adjacent
land.
8.
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned
equipment and any derelict buildings.
9.
Access Roads
During extended periods of shutdown, access roads to a mineral working shall be ditched
or barred to the satisfaction of the Authority.
10.
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 uncleared areas and 10
metres from active quarry or stockpile areas. The owner or operator shall ensure that the
quality of the topsoil is not affected by dilution with other materials.
11.
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 odor, or by
reason of unsightly storage of materials.
12.
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.
13.
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.
67
14.
Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried out by the
operator:
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 respread over the entire quarried area.
d)
The access road to the working shall be ditched or barred to the satisfaction of the
Authority.
15.
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.
68
USE ZONE TABLE - COMPREHENSIVE DEVELOPMENT AREA (CDA)
ZONE TITLE COMPREHENSIVE DEVELOPMENT AREA (CDA) (COW HEAD)
PERMITTED USE CLASSES - (see Regulation 85)
None.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Agriculture.
CONDITIONS
1.
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.
2.
Residential development in this zone shall conform to the standards established for the
Residential Zone.
3.
No residential development shall be permitted in this zone except in accordance to a
planned subdivision. When the demand for development occurs in the Comprehensive
Development Area, Council shall develop a plan of subdivision in conjunction with the
Department of Municipal Affairs.
4.
There shall not be any permanent development in the Comprehensive Development Area
prior to the Drafting of a plan of subdivision.
5.
All residential development in the Comprehensive Development Area shall front on a
publicly owned and maintained road and be serviced by municipal water and sewer.
69
SCHEDULE D - OFF-STREET PARKING REQUIREMENTS
1.
The offstreet parking requirements for uses in the various use classes set out in Schedule
B shall be as set out in the following table.
2.
In the case of developments including uses in more than one use class, these standards
shall be regarded as cumulative.
3.
Adequate offstreet provision for drop-off and pick-up of persons shall be provided in
developments where required, such as uses within the educations, passenger assembly,
child care, medical treatment and special care, commercial residential and take-out food
service use classes.
G
R
O
U
P
D
I
V
I
S
I
O
N
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.
(j) Amusement
One space for every 10 square metres of gross floor area.
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.
C
1
(a) Single
Dwelling
Two spaces for every dwelling unit.
(b) Double
Dwelling
Two spaces for every dwelling unit.
(c) Row Dwelling
Two spaces for every dwelling unit.
(d) Apartment
Building
Three spaces for every 2-dwelling unit.
2
(a) Collective
Residential
As specified by the Authority.
(b) Commercial
Residential
One space for every guest room.
(c) Seasonal
Residential
One space for every residential unit.
(d) Mobile Home
Two spaces for every dwelling unit.
70
G
R
O
U
P
D
I
V
I
S
I
O
N
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
D
1
(a) Office
One space for every 20 square metres of gross floor area.
(b) Medical and
Professional
One space for every 20 square metres of gross floor area.
(c) Personal
Service
One space for every 20 square metres of gross floor area.
(d) General
Service
One space for every 20 square metres of gross floor area.
(e) Communi-
cations
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 20 square metres of gross floor area.
E
1
(a) Shopping
Centre
One space for every 15 square metres of gross floor area.
(b) Shop
One space for every 20 square metres of gross floor area.
(c) Indoor
Market
As specified by the Authority.
(d) Outdoor
Market
As specified by the Authority.
(e) Convenience
Stores
One space for every 20 square metres of gross floor area.
F
1
(a) Hazardous
Industry
One space for every employee.
2
(a) General
Industry
One space for every employee.
(b) Service
Station
One space for every 20 square metres of gross floor area.
3
(a) Light
Industry
One space for every employee.