Eastport, Newfoundland and Labrador
· adopted 2009-06-10
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TOWN OF EASTPORT
DEVELOPMENT REGULATIONS
IMPORTANT: To see if there were any changes to
this plan since it came into effect, please refer to:
List of Development Regulation Amendments
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TOWN OF EASTPORT
LAND USE ZONING, SUBDIVISION AND
ADVERTISEMENT REGULATIONS 2011-21
(DEVELOPMENT REGULATIONS)
URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO APPROVE
TOWN OF EASTPORT
DEVELOPMENT REGULATIONS
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning Act 2000,
the Town Council of Eastport
a)
adopted the Eastport Development Regulations on the
I 01h day of June , 2009.
b)
gave of the adoption of the Eastport Development Regulations by advertisement inserted on the
22"<l
day and the 29th
day of October , 2009 in the
Beacon newspaper.
c)
set the 1.._ day of November
, 2009 at
9:30
a.m. at the SUF Hall, Eastport for the
holding of a public hearing to consider objections and submissions.
Under the authority of Section 23 of the Urban and Rural Planning Act. 2000, the Town Council of
Eastport approves the Eastport Development Regulations.
+l·
CJf: L
SIGNED AND SEALED this~ day of ~,.iwt 1
'2011
Mayor: '!!J--fu..t?µ ,.p,_, a_
S ~
(f/f
0
Clerk: ~~ttl~ __
(Council Seal)
..... , ____
·~~------~
De\ clopm c11 t Regu latio ms/ A mendm en t
JR lE G IT §'lf' Ii~ RlE]])
URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO ADOPT
TOWN OF EASTPORT
DEVELOPMENT REGULATIONS
Under the authority of Section 16 of the Urban and Rural Planning Ac/, 2000, the Town Counc.il of
Eastport adopts the Eastport Development Regulations.
Mayor:
Clerk:
Adopted by the Town Council of Eastport on the~~- day
Signed and sealed this "-1-i~ day of6Y((!tWALf
'dj(?cr. OJ 1 0 0,Tq S:r._L
~u!I
, 2011
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
---"-""""--' 2009.
(Council Seal)
I certify that the attached Eastport Development Regulations have been prepared in accordan~e with the
requirements of the Urban and Rural Planning Act. 2000.
MCIP:
)ti~
BACKGROUND
TOWN OF EASTPORT
DEVELOPMENT REGULATIONS
The Town of Eastport has adopted the proposed Eastport Development Regulations, which were prepared in
accordance with the requirements of the Urban and Rural Planning Act, 2000.
In accordance with Section 14 of the Act, public consultation for the proposed Development Regulations included
an open house at the Town Hall on August 25, 2008 from 3:00 PM to 8:30 PM.
In accordance with Section 15 of the Act, the proposed Development Regulations were reviewed and released by
the Department of Municipal Affairs.
TABLE OF CONTENTS
Regulation
Page
APPLICATION
1.
Short Title ....................................................................................................................................... I
2.
Interpretation ................................................................................................................................... I
3.
Commencement ................................................................................................................................ 1
4.
Municipal Code and Regulations ..................................................................................................... 1
5.
Council ............................................................................................................................................ 2
PART I -GENERAL REGULATIONS
6.
Compliance with Regulations ..................................................................................................
~
7.
Permit Required ............................................................................................................................... 2
8.
Permit to be Issued .......................................................................................................................... 2
9.
Permit Not to be Issued in Certain Cases ........................................................................................ 3
10.
Discretionary Powers of Council ..................................................................................................... 3
11.
Variances by Council ...................................................................................................................... 4
12.
Notice of Variance Application ........................................................................................................ 5
13.
Service Levy .................................................................................................................................... 5
14.
Financial Guarantees by Developer ................................................................................................. 6
15.
Dedication of Land for Public Uses ................................................................................................ 6
16.
Reinstatement of Land ..................................................................................................................... 7
17.
Form of Application ........................................................................................................................ 7
18.
Register of Application .................................................................................................................... 7
19.
Deferment of Application ................................................................................................................ 8
20.
Approval in Principle ...................................................................................................................... 8
21.
Development Permit ........................................................................................................................ 8
22.
Reasons for Refusing Pennit ........................................................................................................ I 0
23.
Notice of Right to Appeal ........................................................................................................... 10
24.
Appeal Requirements ..................................................................................................................... 11
25.
Appeal Registration ....................................................................................................................... 11
26.
Development Prohibited ............................................................................................................... 12
27.
Appeal Board ................................................................................................................................. 13
28.
Appeals ........................................................................................................................................ 13
29.
Hearing Notice & Meetings .......................................................................................................... 15
30.
Hearing of Evidence ..................................................................................................................... 15
31.
Return of Appeal Fee .................................................................................................................... 16
32.
Right of Entry ................................................................................................................................ 16
33.
Notice of Application ................................................................................................................... 17
34.
Record of Violations ..................................................................................................................... 17
3 5.
Stop Work order and Prosecution . .. .. .. .. .. .. .. .. . ..... . ... .. .. .. .. .. .. .. ...... .. .. .. .. . .... .. .. .. .. .. .. .. . ..... .. .. .. .. .. .. .. ... . 1 7
36.
Delegation of Powers .................................................................................................................... 18
PART II - GENERAL DEVELOPMENT STANDARDS
37.
Accesses and Service Streets ......................................................................................................... 18
38.
Accessory Buildings ..................................................................................................................... 18
39.
Buffer Strips .................................................................................................................................. 19
40.
Advertisements ............................................................................................................................. 20
41.
Building Height ............................................................................................................................. 20
42.
Building Line and Setback .......................................................................................................... 20
43.
Height Exceptions ......................................................................................................................... 20
44.
Minimum Distance Separations for Large Livestock Operations ................................................. 21
45.
Lot Area ........................................................................................................................................ 22
46.
Lot Frontage .................................................................................................................................. 22
47.
Backland Lots ................................................................................................................................ 23
48.
Lot Area and Size Exceptions ....................................................................................................... 23
49.
Non-Conforming Use .................................................................................................................... 24
50.
Family and Group Care Centres .................................................................................................... 25
51.
Offensive and Dangerous Uses ..................................................................................................... 26
52.
Off-street Parking Requirements ................................................................................................... 26
53.
Off-street Loading Requirements .................................................................................................. 28
54.
Parks and Playgrounds and Conservation Uses ............................................................................. 28
55.
Screening and Landscaping ........................................................................................................... 28
56.
Services and Public Utilities .......................................................................................................... 29
57.
Service Stations ............................................................................................................................. 29
58.
Sideyards ....................................................................................................................................... 29
59.
Street Construction Standards ....................................................................................................... 30
60.
Accessory Apartments ................................................................................................................... 30
61.
Unsubdivided Land ....................................................................................................................... 29
62.
Multiple Uses on One Lot .............................................................................................................. 30
63.
Site Suitability ................................................................................................................................ 30
64.
Vehicular Bodies .......................................................................................................................... 31
65.
Development Adjacent to a Wetland or Watercourse ................................................................... .31
66.
Development on and Near Steep Slopes ....................................................................................... 31
67.
Stormwater Control ....................................................................................................................... 32
68.
Residential Development near Aggregate Operations ................................................................... 32
69.
Line of Vision at Intersections ...................................................................................................... 32
70.
Camping Tents, Trailers and Recreational Vehicles ..................................................................... 32
PART III - ADVERTISEMENTS
71.
Permit Required ............................................................................................................................. 33
72.
Form of Application ...................................................................................................................... 33
73.
Advertisements Prohibited in Street Reservation .......................................................................... 33
74.
Permit Valid for Limited Period ..................................................................................................... .33
75.
Removal of Advertisements .......................................................................................................... 33
76.
Advertisements Exempt from Control ........................................................................................... 34
77.
Approval Subject to Conditions .................................................................................................... 35
78.
Non-Conforming Uses .................................................................................................................. 35
PART IV - SUBDIVISION OF LAND
79.
Permit Required ............................................................................................................................. 35
80.
Services to be Provided ............................................................................................................... 35
81.
Payment of Service Levies and Other Charges ............................................................................. 35
82.
Issue of Permit Subject to Considerations ..................................................................................... 36
83.
Building Permits Required ............................................................................................................ 37
84.
Form of Application ...................................................................................................................... 37
85.
Subdivision Subject to Zoning ...................................................................................................... 37
86.
Building Lines ............................................................................................................................... 37
87.
Land for Public Open Space .......................................................................................................... 37
88.
Structure in Street Reservation ...................................................................................................... 39
89.
Subdivision Design Standards ....................................................................................................... 39
90.
Engineer to Design Works and Certify Construction Layout ........................................................ 40
91.
Developer to Pay Engineer's Fees and Charges ............................................................................. 41
92.
Street Works May be Deferred ...................................................................................................... 41
93.
Transfer of Streets and Utilities to Council ................................................................................... 42
94.
Restriction on Sale of Lots ............................................................................................................ 43
95.
Grouping of Dwellings and Landscaping ..................................................................................... 43
96.
Onsite Services ····················"················································"························································ 43
PART V - USE ZONES
97.
Use Zones ..................................................................................................................................... 44
98.
Use Classes ............... ·"···········································"······················" .............................................. 44
99.
Permitted Uses ............................................................................................................................... 44
100.
Discretionary Uses ........................................................................................................................ 45
101.
Uses Not Permitted ........................................................................................................................ 45
SCHEDULES
SCHEDULE A: Definitions
SCHEDULE B: Classification of Uses of Land and Buildings
SCHEDULE C: Use Zone Tables
SCHEDULE D: Off-Street Parking Requirements
SCHEDULE E: Ministerial Development Regulations
Eastport Development Regulations 2011-2021
Page 1
TOWN OF EASTPORT MUNICIPAL PLAN
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
1.
Short Title
These Regulations may be cited as the Eastport Development Regulations.
2.
Interpretation
(!)
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 Eastport 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 Plmnbing 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
Eastport Development Regulations 2011-2021
Page 2
development, conservation and use ofland in force in the Town of Eastport, shall,
under these Regulations apply to the entire Plarming Area.
5.
Council
In these Regulations, "Council" means the Municipal Council of the Town of
Eastport.
PART I - GENERAL REGULATIONS
6.
Compliance With Regulations
No development shall be carried out within the Planning Area except in
accordance with the Eastport Municipal Plan and 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 Council.
8.
Permit to be Tssued
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, stand-
ards, requirements, and conditions prescribed in Schedule C of these
Regulations for the Use Zone in which the proposed development is
located;
(h)
the standards set out in the Building Code and/or other ancillary codes,
and any Building Regulations, Waste Disposal Regulations, and/or any
Eastport Development Regulations 2011-2021
Page 3
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 Ill of these Regulations in the case of
advertisement;
( d)
the standards set out in Part IV of these Regulations in the case of
subdivision; and
( e)
the standards of design and appearance established by the Council.
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 Council, it is premature by
reason of the site lacking adequate road access, power, drainage, sanitary
facilities, or domestic water supply, or being beyond the natural development of
the area at the time of application unless the applicant contracts to pay the full
cost of construction of the services deemed necessary by Council and such cost
shall attach to and upon the property in respect of which it is imposed.
10.
Discretionary Powers of Council
(I)
In considering an application for a permit or for approval in principle to
carry out development, Council shall take into account the policies
expressed in the Municipal Plan and any further scheme, plan or
regulations pursuant thereto, and shall assess the general appearance of the
development of the area, the amenity of the surroundings, potential
environmental effects, availability of utilities, public safoty 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, Council may, in its discretion, and as a
Eastport Development Regulations 2011-2021
result of its consideration of the matters set out in this Regulation,
conditionally approve or refuse the application.
Page 4
(2)
Council may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in Council's
regulations as discretionary, permitted or prohibited uses for that area
I 1.
Variances by Council (Refer to Minister's Development Regulations. Section 12,
January 2, 2001)
(I)
Where Council cannot grant a permit because the proposed development
does not comply with these Regulations, Council may in its discretion
vary the applicable development standards to a maximum of I 0% if, in
Council's opinion, the requirements would prejudice the proper
development of the land, buildings, or structure in question, or would be
contrary to the public interest.
(2)
Council shall not allow a variance from development standards set out in
the Development Regulations if that variance, when considered together
with other variances made or to be made with respect to the same land,
building or structure, would have a cumulative effect that is greater than a
I 0% variance even though the individual variances are separately no more
than 10%.
(3)
Council shall not pem1it a variance from development standards where the
proposed development would increase the non-conformity of an existing
development.
Eastport Development Regulations 2011-2021
Page 5
12.
Notice of Variance Application (Refer to Minister's Development Regulations,
Section 13, January 2, 200Jj
Where Council receives an application for a variance, Council shall give written
notice of the proposed variance from the development standards to all persons
whose land is in the immediate vicinity of the land that is the subject of the
variance, and allow a minimum period of seven (7) days for response.
13.
Service Levy
(1)
Council may require a developer to pay a service levy where development
is made possible, 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 Council of constructing or improving the public works
referred to in subsection ( l) that are necessary for the real property to be
developed in accordance with the standards required by Council and for
uses that are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefited by the public works related
to all the real property so benefited; and
(b)
the density of development made capable or increased by the
public work.
(4)
Council may require a service levy to be paid by the owner of the real
property:
(a)
at the time the levy is imposed;
Eastport Development Regulations 2011-2021
Page 6
(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 Couneil may decide.
14.
Financial Guarantees by Developer
(1)
Council 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 reins-
tatement, and to enforce the carrying out of any other condition attached to
a permit or licence.
(2)
The financial provisions pursuant to subsection ( 1) may be made in the
form of:
(a)
a cash deposit from the developer, to be held by Council; 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 a bank;
or
( d)
an annual contribution to a sinking fund held by Council; or
( e)
another form of financial guarantee that Council may approve.
15.
Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 87,
Council 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 Council in accordance with the provisions of the Act.
Eastport Development Regulations 2011-2021
Page 7
16.
Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decrea~ed,
Council may order the developer, the occupier of the site, or the owner or all of
them to reinstate the site, to remove all or any buildings or erections, to cover or
fill all wells or excavations, and to close all or any accesses, or to do any of these
things or all of them, as the case may be, and the developer, occupier or owner
shall carry out the order of Council and shall put the site in a clean and orderly
condition to the satisfaction of Council.
17.
Form of Application
(I)
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 Council on such fom1 as may be prescribed by Council, and
every application shall include such plans, specifications and drawings as
Council may require, and be accompanied by the permit fee required by
Council.
(2)
Council shall, on request, supply to every applicant a copy of the
application forms referred to in subsection (1) and a description of the
plans, specifications and drawings required to be provided with the
application.
18.
Register of Application
Council shall keep a public register of all applications for development, and shall
enter therein Council's decision upon each application and the result of any appeal
from that decision.
Eastport Development Regulations 2011-2021
19.
Deferment of Application
(I)
Council may, with the written agreement of the applicant, defer
consideration of an application.
Page 8
(2)
Applications properly submitted in accordance with these Regulations
which have not been determined by Council and on which a decision has
not been communicated to the applicant within eight weeks of the receipt
thereof by Council, and on which consideration has not been deferred in
accordance with subsection (I), shall be deemed to be refused.
20.
Approval in Principle
( 1)
Council may grant approval in principle for the erection, alteration or
conversion of a building if, after considering an application for approval in
principle made under these Regulations, it is satisfied that the proposed
development is, subject to the approval of detailed plans, in compliance
with these Regulations.
(2)
Where approval in principle is granted under this Regulation, it shall be
subject to the subsequent approval by Council of such details as may be
listed in the approval in principle, which shall also specify that further
application for approval of these details shall be received not later than
two years from the grant of the approval in principle.
21.
Development Permit
(1)
A plan or drawing which has been approved by Council 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
Eastport Development Regulations 2011-2021
Page 9
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
there under.
(2)
Council may attach to a permit or to an approval in principle such
conditions as it deems fit in order to ensure that the proposed development
will be in accordance with the purposes and intent of these Regulations.
(3)
Where Council deems necessary, permits may be issued on a temporary
basis for a period not exceeding two years, which may be extended in
writing by Council for further periods not exceeding two years.
(4)
A permit is valid for such period, not in excess of two years, as may be
stated therein, and if the development has not commenced, the permit may
be renewed for a further period not in excess of one year, but a permit
shall not be renewed more than once, except in the case of a permit for an
advertisement, which may be renewed in accordance with Part III of these
Regulations.
(5)
The approval of any application and plans or drawings or the issue of a
permit shall not prevent Council from thereafter requiring the eorrection 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 viol-
ation of this or any other regulations or statute.
Eastport Development Regulations 2011-2021
Page l O
(6)
Council 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 Council.
(8)
There shall be kept available on the premises where any work, matter or
thing in being done for which a permit has been issued, a copy of the
permit and any plans, drawings or specifications on which the issue of the
permit was based during the whole progress of the work, or the doing of
the matter or thing until completion.
22.
Reasons for Refusing Permit
Council shall, when refusing to issue a pennit or attaching conditions to a permit,
state the reasons for so doing.
23.
Notice of Right to Appeal (Refer lo Minister's Development Regulations,
Section 5, January 2, 200 !)
Where Council makes a decision that may be appealed under section 42 of the
Act, Council shall, in writing, at the time of making that decision, notify the
person to whom the decision applies of the:
(a)
person's right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
( c)
right of other interested persons to appeal the decision; and
( d)
manner of making an appeal and the address for the filing of the appeal.
Eastport Development Regulations 2011-2021
Page 11
24.
Appeal Requirements (Refer to Minister's Developmenl Regulations, Section 6,
January 2, 2001)
(1)
The secretary of the Board at the Department of Municipal Affairs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. John's,
Nfld., AlB 4J6 is the secretary to all Boards in the province and an appeal
filed with that secretary within the time period referred to in subsection
42( 4) of the Act shall be considered to have been filed with the Appeal
Board.
(2)
The fee required under section 44 of the Act shall be paid to the Appeal
Board that hears the decision being appealed by filing it with the secretary
referred to in subsection (1) or (2) within the 14 days referred to in
subsection 42(4) of the Act.
(3)
The Appeal Board that hears the decision being appealed shall, subject to
subsection 44(3) of the Act, retain the fee paid to the Appeal Board.
( 4)
Where an appeal of a decision and the required fee is not received by an
Appeal Board in accordance with this section and Part VI of the Act, the
right to appeal that decision shall be considered to have been forfeited.
25.
Appeal Registration (Refer to Minister's Development Regulations, Section 7,
January 2, 2001)
(1)
Upon receipt of an appeal and fee as required under the Act and these
regulations, the secretary of the Appeal Board as referred to in subsections
24(1) and (2), shall immediately register the appeaL
Eastport Development Regulations 2011-2021
Page 12
26.
(2)
Where an appeal has been registered the secretary of the Appeal Board
shall notify Council of the appeal and shall provide to Council a copy of
the appeal and the documentation related to the appeal.
(3)
Where Council has been notified of an appeal, Council shall within one
week of notification forward to the Appeal Board a copy of the application
being appealed, all correspondence, Council minutes, plans and other
relevant information relating to the appeal including the names and
addresses of the applicant and other interested persons of whom Council
has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the
Appeal Board shall publish in a newspaper circulated in the Eastport area,
a notice that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than
2 weeks before the date upon which the appeal is to be heard by the
Appeal Board.
Development Prohibited
Section R. January 2, 2001)
(Refer to Jvfinister 's Development Regulations,
(I)
Immediately upon notice of the registration of an appeal Council shall
ensure that any development upon the property that is the subject of the
appeal ceases.
(2)
Sections I 02 and 104 of the Act apply to the Council acting under
subsection (1 ).
Eastport Development Regulations 2011-2021
Page 13
(3)
Upon receipt of a notification of the registration of an appeal with respect
to an order under section 102 of the Act, Council shall not carry out work
related to the matter being appealed.
27.
Appeal Board
The minister may, by order, establish an Appeal Board and shall assign to the
Appeal Board a specific area of the province over which it shall have jurisdiction,
as outlined in section 40 of the Act.
28.
Appeals
(I)
A person or an association of persons aggrieved of a decision that, under
the regulations, may be appealed, may appeal that decision to the
appropriate Appeal Board where the decision is with respect to:
(a)
an application to undertake a development;
(b)
a revocation of an approval or a permit to undertake a
development;
( c)
the issuance of a stop work order; and
( d)
a decision permitted under the Act or another Act to be appealed to
the board.
(2)
A decision of Council to adopt, approve or proceed with a municipal plan,
a scheme, development regulations and amendments and revisions of them
is final and not subject to an appeal.
(3)
An Appeal Board shall not make a decision that does not comply with the
municipal plan, a scheme and development regulations that apply to the
matter being appealed.
Eastport Development Regulations 2011-2021
Page 14
( 4)
An appeal shall be filed with the Appeal Board not more than 14 days
after the person who made the original application appealed from has
received the decision being appealed.
( 5)
An appeal shall be made in writing and shall include
(a)
a summary of the decision appealed from;
(b)
the grounds for the appeal; and
(c)
the required fee.
(6)
A person or group of persons affected by the subject of an appeal or their
representatives may appear before an Appeal Board and make
representations concerning the matter under appeal.
(7)
An Appeal Board may inform itself of the subject matter of the appeal in
the manner it considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance with
the Act and the municipal plan, scheme and regulations that have been
registered under section 24 of the Act, and having regard to the
circumstances and merits of the case.
(9)
A decision of the Appeal Board must comply with the plan, scheme or
development regulations that apply to the matter that has been appealed to
that board.
(I 0)
In determining an appeal, an Appeal Board may confirm, reverse or vary
the decision appealed from and may impose those conditions tbat the
board considers appropriate in the circumstances and may direct Council
Eastport Development Regulations 2011-2021
Page 1 5
to carry out its decision or make the necessary order to have its decision
implemented.
( 11)
Notwithstanding subsection ( 10), where Council may, in its discretion,
make a decision, an Appeal Board shall not make another decision that
overrules the discretionary decision.
( 12)
The decision of a majority of the members of an Appeal Board present at
the hearing of an appeal shall be the decision of the Appeal Board.
{ 13)
An Appeal Board shall, in writing notify the appellant and the appropriate
Council of the decision of the Appeal Board.
29.
Hearing Notice & Meetings (Re:fer to Minister's Development Regulations,
Sec/ion 9, January 2. 2001)
(1)
An Appeal Board shall notify the appellant, applicant, Council and other
persons affected by the subject of an appeal of the date, time and place for
the appeal not fewer than seven (7) days before the date scheduled for the
hearing of the appeal.
(2)
An Appeal Board may meet as often as is necessary to conduct its work in
an expeditious manner.
30.
Hearing of Evidence
(Refer to Minister's Development Regulations, Section
10, January 2, 2001)
(I)
An Appeal Board shall meet at a place within the area under its
jurisdiction and the appellant and other persons notified under subsection
Eastport Development Regulations 2011-2021
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29(1) or their representative may appear before the Appeal Board and
make representations with respect to the matter being appealed.
(2)
An Appeal Board shall hear an appeal in accordance with section 43 of the
Act and these regulations.
(3)
A written report submitted under section 43(2) of the Act respecting a visit
to and viewing of a property shall be considered to have been provided in
the same manner as evidence directly provided at the hearing of the
Appeal Board.
(4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the
rules of evidence.
31.
Return of Appeal Fee
Where an appeal made by an appellant under section 42 of the Act, is successful,
an an1ount of money equal to the fee paid by that appellant under subsection 24(2)
shall be paid to him or her by Council.
32.
Right of Entry
Any inspector may enter upon any public or private land and may at all
reasonable times enter any development or building upon tlie land for tlie 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 Cow1cil is empowered to regulate
Eastport Development Regulations 2011-2021
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33.
Notice of Application (Refer to Minister's Development Regulations, Section 13
and 15, January 2, 2001)
(!)
When a change in non-conforming use is to be considered under section
49, or when the development proposed is listed as a discretionary use in
Schedule C of the Regulations, Council shall, at the expense of the
applicant, give notice of an application for a permit or for approval in
principle by public advertisement and allow a minimum period of seven
(7) days for response.
(2)
When a variance is necessary under section 11, before making a decision
on the proposed variance, Council shall give written notice of the
proposed variance to all persons whose land is in the immediate vicinity of
the land that is the subject of the variance, and allow a minimum period of
seven (7) days for response.
34.
Record of Violations
Every inspector shall keep a record of any violation of these regulations which
comes to the inspector's knowledge and report that violation to Council.
35.
Stop Work order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to
these regulations, Council may order that person to stop the development
or work connected therewith.
(2)
A person who does not comply with an order made under subsection (1) is
guilty of an offence under the provisions of the Act.
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36.
Delegation of Powers (Refer to Minister's Development Regulations, Section 18,
January 2, 2001
Council shall, where designating employees to whom a power is to be delegated
under section 109(3) of the Act, make that designation in writing.
PART II - GENERAL DEVELOPMENT STANDARDS
37.
Accesses and Service Streets
(I)
Access shall be located to the specification of Council so as to ensure the
greatest possible convenience and safety of the street system and Council
may prescribe the construction of service streets to reduce the number of
accesses to collector and local streets.
(2)
No vehicular access shall be closer than 10 metres to the street line of any
street intersection.
38.
Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the
use of the main building(s) and shall be contained on the same lot.
(2)
No accessory building or part thereof shall project closer to the front
streetline than the main building.
(3)
Notwithstanding Paragraph (2), Council in its discretion may approve an
accessory building closer to the front streetline than the main building
where:
Eastport Development Regulations 2011-2021
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(a)
A rearyard or sideyard location as required under Paragraph (2)
would not be physically feasible or would be pose a major hazard
or inconvenience for the property owner,
(b)
A rearyard or sideyard location as required under Paragraph (2)
would adversely affect the view or other amenities in the rearyards
of neighbouring properties,
(c)
The proposed frontyard location would not pose a threat to road
safety,
(d)
The proposed frontyard location, size, appearance, and use of the
accessory building would not have an adverse effect on the
character or other amenities of adjacent properties and the
neighbourhood,
(e)
Council has notified neighbours of the proposed frontyard location,
size, appearance, and use of the accessory building and duly
considered comments and objections received.
39.
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 ov.ner of the
site of the industrial development shall provide a buffer strip not less than ten (l 0)
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 Council and shall be maintained by the owner or occupier to the satisfaction of
Council.
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40.
Advertisements
Advertisements shall not be erected or displayed except in accordance with Part
III of these Regulations.
41.
Building Height
Council 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 I metre
increase in height.
(2)
The rearvard shall not be less than the minimum building line setback
calculated as described in subsection (I) above plus 6 metres.
42.
Building Line and Setback
Council, 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 confom1 to the standards set out
in the tables in Schedule C of these Regulations.
43.
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, wind generators, 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 subsection 11.
Eastport Development Regulations 2011-2021
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44.
Minimum Distance Separations for Large Livestock Operations
(I)
No new livestock facility, planned to accommodate more than ten ( 10)
animal units, shall be located within:
(a)
300 metres of a public building, commercial building, or a
dwelling other than a dwelling located on the same Jot as the
livestock operation,
(b)
300 metres of the boundary of the Residential, Mixed Use, and
Commercial/Industrial zones
(b)
70 metres of the boundary of the property on which it is to be
erected, and
(c)
90 metres of the centre line of a public street.
(2)
Subsection (I) does not apply to the expansion, conversion, or
replacement of a livestock facility existing on the registration date of this
Municipal Plan as long as the expansion, conversion, replacement, or
addition does not reduce the existing separation distance between the
livestock facility and the subject dwelling, public building, commercial
building, property boundary, or public street.
(3)
No new public building, commercial building, or dwelling, except a
dwelling or commercial use located on tbe same lot as the agricultural
operation, may be located within 300 metres of an existing livestock
facility that accommodates more than five (5) animal units.
( 4)
The constmction of new dwellings on lots in existence on the date of the
registration of this Municipal Plan, which cannot meet the required
minimum distance separation, will be permitted where they meet all other
provisions of this Municipal Plan.
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(5)
In addition to the above requirements, new livestock facilities are subject
to applicable Provincial acts and regulations.
45.
Lot Area
(I)
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.
46.
Lot Frontage
(!)
No residential, commercial or public building shall be erected on a lot that
does not front directly onto a public street unless the subject lot has such
other access that has been approved at the discretion of Council.
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47.
Backland Lots
In accordance with the policies for backland development in the Municipal Plan,
where a lot is proposed that does not meet the minimum frontage width for the
zone, but the rear portion of the lot meets the minimum lot size and width
requirements of the zone, Council, at its discretion, may approve the lot with a
reduced street frontage of no less than 10 metres if Council is satisfied that:
(a)
the lot will pose no safety risks. particularly in terms of access for
emergency;
(b)
the lot will not create undue costs for Council related to the provision of
municipal infrastructure and services;
( c)
the lot will not isolate adjacent or nearby backland properties from
potential street access, or otherwise preclude these properties from being
developed in the future; and
( d)
the Jot will meet such terms and conditions that may be required by
Council.
48.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, a Jot already exists
in any residential zone that has insufficient frontage or area to permit the owner or
purchaser of the lot to comply with the provisions of these Regulations, then these
Regulations shall not prevent the issuing of a permit by Council for the erection of
a dwelling thereon, provided that the lot coverage and height are not greater than,
and the yards and floor area are not less than the standards set out in these
Regulations and all necessary approvals have been acquired from the Department
of Government Services and other applicable Provincial or Federal agencies.
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49.
Non-Conforming Use (Refer to Minister's Development Regulations. Section 14,
15, 16. 17, January 2. 2001)
(I)
Notwithstanding the Municipal Plan, scheme or regulations made under
this Urban and Rural Planning Act, 2000, Council shall, in accordance
with regulations made under this Act, allow a development or use of land
to continue in a manner that does not conform with a regulation, scheme,
or plan that applies to that land provided that the non-confom1ing use
legally existed before the registration under section 24 of the Act, scheme
or regulations made with respect to that kind of development or use.
(2)
Notwithstanding subsection (1), a right to resume a discontinued non-
conforming use of land shall not exceed twelve ( 12) months after the
discontinuance of that use.
(3)
A building, structure or development that does not conform to a scheme,
plan or regulations made under the Act that is allowed to continue under
subsection (1)
(a)
shall not be internally or externally varied, extended or expanded
unless otherwise approved by Council;
(b)
shall not be structurally modified except as required for the safety
of the building, structure or development;
( c)
shall not be reconstructed or repaired for use in the same non·
conforming manner where 50% or more of the value of that
building, structure or development has been destroyed;
( d)
may have the existing use for that building, structure or
development varied by Council to a use that is, in Council's
opinion, more compatible with the plan and regulations applicable
to it;
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(e)
may have the existing building extended by approval of Council
where, in Council's opinion, the extension is not more than 50% of
the existing building;
(f)
where the non-conformance is with respect to the standards
included in these development regulations, shall not be expanded if
the expansion would increase the non-conformity and an expansion
must comply with the development standards applicable to that
building, structure or development;
(g)
where the building or structure is primarily zoned and used for
residential purposes, it may, in accordance with the Municipal Plan
and regulations, be repaired or rebuilt where 50% or more of the
value of that building or structure is destroyed, but must be
repaired or rebuilt in accordance with the development regulations
applicable to that building or structure.
(4)
Before making a decision to vary an existing use of a non-conforming
building, structure or development, Council, at the applicant's expense,
shall publish a notice in a newspaper circulating in the area or by other
means give public notice of an application to vary the existing use of a
non-conforming building, structure or development and shall consider any
representations or submissions received in response to that advertisement.
50.
Family and Group Care Centres
A 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 Council, 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. Council may require
Eastport Development Regulations 2011-2021
special access and safety features to be provided for the occupants before
occupancy is permitted.
51.
Offensive and Dangerous Uses
Page 26
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 Council and any other authority having
jurisdiction.
52.
Off-street Parking Requirements
(I)
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 and
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 rn in width. Parking required in a residential zone shall be provided on
the sarne lot as the dwelling or dwellings. In a non-residential zone,
parking spaces shall be provided within the limits of the zone in which the
use is situated.
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( 4)
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 square
metres in size, capable of being used for the parking of a vehicle
without the need to move other vehicles on adjacent areas;
(b)
the parking area shall be constructed and maintained to the
specifications of Council;
(c)
the lights used for illumination of the parking area shall be so
arranged as to divert the light away from adjacent development;
(d)
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; and
(h)
where, in the opinion of Council, strict application of the above
parking requirements is impractical or undesirable, Council 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 Council for the provision and upkeep of alternative parking
facilities within the general vicinity of the development.
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53.
Off-Street Loading Requirements
(I)
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 6m to a street.
(2)
The number of loading spaces to be provided shall be determined by
Council.
(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.
54.
Parks and Playgrounds, and Conservation Uses
Nothing in these Re1,,rulations 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.
55.
Screening and Landscaping
Council 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
Eastport Development Regulations 2011-2021
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be made a condition of any development permit where, in the opinion of Council,
the landscaping or screening is desirable to preserve amenity, or protect the
environment.
56.
Services and Public Utilities
Council 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. The
design and landscaping of any development of any land so used must be, in the
opinion of Council, adequate to protect the character and appearance of the area.
57.
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 4m from the front lot line.
(c)
Accesses shall not be less than 7m wide and shall be clearly marked, and
where a service station is located on a comer lot, the minimum distance
between an access and the intersection of street lines at the junction shall
be 1 Om and the lot line between entrances shall be clearly indicated.
58.
Sideyards
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.
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59.
Street Construction Standards
A new street may not be constructed except in accordance with and to the design
and specifications laid down by Council.
60.
Accessory Apartments
Accessory apartments may be pennitted in single dwellings and commercial
buildings only, and for the purposes of calculating lot area and yard requirements,
shall be considered part of the selt:contained dwelling.
61.
Unsubdivided Land
Development is not pennitted 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.
62.
Multiple Uses on One Lot
Where a single lot contains more than one permitted use, each specific use shall
conform to the provisions of these development regulations that are applicable to
that use.
63.
Site Suitability
No building or structure or other development of land will be permitted on a site
where it otherwise would be permitted under these development regulations
when, in the opinion of Council, the site is marshy, geologically unstable,
excessively steep, or otherwise unsuitable for a proposed purpose by virtue of its
soil or topography.
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64.
Vehicle Bodies
No truck, bus, semi-trailer, freight container, other vehicle body, or a structure of
any similar nature, shall be used for human habitation in any zone.
65.
Development Adjacent to a Wetland or \Vatercourse
All portions of a lot that are located within 15 metres of a wetland or the top of
the stream bank of a watercourse, but which are not located in the Environmental
Protection zone, will be subject to the following:
(a) no building or structure will be permitted, except for:
(i)
an enlargement or reconstruction of a single-unit dwelli11g that was
in existence on the date of approval of this Municipal Plan
(ii)
a passive recreational use such as a walking trail or picnic area
(iii)
a wharf secured to the land,
(iv)
an accessory building or structure to (i) or (ii) above
(b)
tree removal shall be limited to thirty percent (30%) of the number of trees
in any ten (10) year period, and
( c)
grnbbing of soil, placing of landfill material, or other altering of the
landscape will be limited to a maximum often percent (10%) of the area.
66.
Development on and Near Steep Slopes
No buildings, structures, or placement or removal of fill will be permitted:
(a)
on slopes that exceed twenty-five percent (25%) over a height of four (4)
or more metres, or
(b)
within ten ( 10) metres of the top or bottom of slopes that exceed twenty-
five percent (25%) over a height of four (4) or more metres
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67.
Stormwater Control
(I)
Land development and the erection of buildings and structures will not be
permitted on any site where it would otherwise be permitted under these
development regulations, when in the opinion of Council, the development
will create or aggravate adverse sto1111water impacts, for example,
excessive run-off onto adjacent properties, soil erosion, scouring and
siltation of streams, or reduction of surface or groundwater quality.
(2)
The grading of land, excavation of ditches, and erection of buildings or
struetures will not be undertaken in a manner that causes significantly
increases stormwater runoff onto adjacent properties or into nearby
watercourses.
68.
Residential Development near Aggregate Operations
No new dwelling will be permitted within I 00 metres of an existing aggregate
operation.
69.
Line of Vision at Intersections
So as to not obstruct the view of motorists and pedestrians,
(a)
all occupied lands within 7 metres of a street intersection shall be kept free
of any shrubs, plants, and trees that will impede the line of vision clear for
motorists and pedestrians. and
(b)
no building or structure shall be permitted to be erected, moved, enlarged,
or reconstructed on any land that is within 7 metres of a street intersection.
70.
Camping Tents, Trailers and Recreational Vehicles
The use of tents, camping trailers, and recreational vehicles for overnight camping
will not be pe1111itted except in designated campgrounds or as a temporary activity
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on private residential properties. Camping trailers and recreational vehicles used
temporarily on private residential properties must be mobile and have up-to-date
license plates.
PART III - ADVERTISEMENTS
71.
Permit Required
No advertisement shall be erected or displayed in the Planning Area unless a
permit for the advertisement is first obtained from Council. Pennission for the
erection or display of advertisement on Provincial Highways shall be obtained
from the Government Service Centre.
72.
Form of Application
Application for a permit to erect or display an advertisement shall be made to
Council in accordance with section l 7.
73.
Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over
any highway or street reservation.
74.
Permit Valid for Limited Period
A pennit 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 Council for similar periods.
75.
Removal of Advertisements
Notwithstanding the provisions of these Regulations, Council may require the
removal of any advertisement which, in its opinion, is:
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(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.
76.
Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area
without application to Council:
(a)
on a dwelling or within the yard of a dwelling, one nameplate not
exceeding 0 .2 m2 in area;
(b)
on an agricultural holding or farrn, a notice board not exceeding I 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 I m2 in
area and relating to forestry operations or the location oflogging
operations conducted on the land;
( d)
on land used for mining or quarrying operations, a notice board not
exceeding I m2 in area relating to the operation conducted on the land;
( e)
on a dwelling or within the yard of a dwelling, one nan1eplate not
exceeding 0.2 m' 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 I m' in area;
(g)
on the principal facade of any commercial, industrial or public building,
the name of the building or the name of the occupants of the building, in
letters not exceeding one-tenth of the height of that facade or 3 m,
whichever is the lesser; and
(h)
on any parking lot directional signs and one sign not exceeding I m' in
size, identifying the parking lot.
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77.
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.
78.
Non-Conforming Uses
A permit may be used for the erection or display of advertisements on a building
or within the courtyard of a building or on a parcel of land, the use of which is a
non conforming use, provided that the adve1tisement does not exceed the size and
type of advertisement which could be pennitted if the development was in a Use
Zone appropriate to its use, and subject to any other conditions deemed appro-
priate by Council.
PART IV- SUBDIVISION OF LAND
79.
Permit Required
No land in the Plmming Area shall be subdivided unless a permit for the
development of the subdivision is first obtained from Council.
80.
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to Council 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.
81.
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 Council for connection to
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services, utilities and streets deemed necessary for the proper development of the
subdivision and all service levies and other charges imposed under sections 13
and 14.
82.
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of CoLmcil, 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,
Council 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 trai1ic 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;
(kl
visual quality;
(I)
community facilities;
(m)
energy conservation;
(n)
heritage and cultural significance; and
(m)
such other matters as may affect the proposed development
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83.
Building Permits Required
Notwithstanding the approval of a subdivision by Council, 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.
84.
Form of Application
Application for a pem1it to develop a subdivision shall be made to Council in
accordance with section 17.
85.
Subdivision Subject to Zoning
The subdivision ofland shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
86.
Building Lines
Council may establish building lines for any subdivision street and require any
new building to be located on such building lines.
87.
Land for Public Open Space
(l)
Before a development commences, the developer shall, if required,
dedicate to Council, at no cost to Council, an area ofland equivalent to
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, Council shall determine the percentage of land to be
dedicated;
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Page 38
(b)
if, in the opinion of Council, no public open space is required, the
land may be used for such other public use as Council may
determine;
( c)
the location and suitability of any land dedicated under the
provisions of this Regulation shall be subject to the approval of
Council but in any case, Council shall not accept land which, in its
opinion, is incapable of development for any purpose;
( d)
Council 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; and
(e)
money received by Council in accordance with subsection (I) (d)
above, shall be reserved by Council 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 Council and may be sold or leased by Council for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition ofland shall
be applied against the cost of acquisition or development of any other land
for the purposes of public open space or other public purposes.
(3)
Council may require a strip ofland to be reserved and remain undeveloped
along the banks of any river, brook or pond, and this land may, at the
discretion of Council, constitute the requirement of land for public use
under subsection (I).
Eastport Development Regulations 2011-2021
Page 39
88.
Structure iu Street Reservation
The placing within any street reservation of any structure (for example, a hydro
pole, telephone pole, cell phone tower, fire hydrant, mail box, fire alarm, sign
post) shall receive the prior approval of Council which shaJl be satisfied on the
question of safe construction and relationship to the adjoining buildings and other
structures within the street reservation.
89.
Subdivision Design Standards
No pennit shall be issued for the development of a subdivision under these
Regulations unless the design of the subdivision conforn1s to the following
standards:
(a)
The finished grade of streets shall not exceed 10%.
(b)
Every cul de sac shall be provided with a turning circle diameter of not
less than 30m.
(c)
The maximum length of any cul de sac shall be 350 metres.
( d)
Emergency vehicle access to a cul de sac shall be not less than 3m 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 15 degrees of a right
angle and this alignment shall be maintained for 30rn from the
intersection.
(h)
No street intersection shall be closer than 60m from any other street
intersection.
(i)
No more than four streets shall join at any street intersection.
Eastport Development Regulations 2011-2021
Page 40
Q)
No residential street block shall be longer than 490m between street
intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with the
approved standards of Council, but in the absence of such standards, shall
conform to the following minimum standards:
Type of Street
Street
Pavement
Reservation
Width
Arterial
30m
15m
Collector
17.5 Ill
13.5 Ill
Local
where more than 50%
of the units are single or
15 Ill
9.0m
double dwellings;
where 50')-'o or more of
the units are row
15 Ill
9.0m
houses or apartments.
(1)
Council may require any existing natural, historical or architectural
feature or part thereof to be retained when a subdivision is developed.
(m)
Land shall not be subdivided in such a maimer as to prejudice the
development of adjoining land.
(n)
Existing Crown reserve right-of-ways will be maintained free of
buildings and other obstructions to ensure future access to backland
areas.
90.
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
Eastport Development Regulations 2011-2021
Page 41
Council to service the area proposed to be developed or subdivided shall
be designed and prepared by a Professional Engineer or approved by the
Engineer. Such designs and specifications shall, upon approval by
Council, be incorporated in the plan of subdivision.
(2)
Upon approval by Council of the proposed subdivision, the Engineer shall
certify the construction layout prior to the construction of the works where
thereupon the developer shall proc.eed to the construction and installation,
at his own cost and in accordance with the approved designs and
specifications and the construction layout certified by the Engineer, of all
such water mains, hydrants, sanitary sewers and all appurtenances and of
all such streets and other works deemed necessary by Council to service
the said area.
91.
Developer to Pay Engineer's Fees and Charges
The developer shall pay to Council 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.
92.
Street Works May Be Deferred
The construction and installation of a11 curbs and gutters, catch basins, sidewalks
and paving specified by Council as being necessary, may, at Council's discretion,
be deferred until a later stage of the work on the development of the subdivision
but the developer shall deposit with Council before approval of his application, an
Eastport Development Regulations 2011-2021
Page 42
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, Council 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 Council the amount of the excess. If the
contract price is less than the deposit, Council shall refund the amount by which
the deposit exceeds the contract price. Any amount so deposited with Council 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.
93.
Transfer of Streets and Utilities to Council
(I)
The developer shall, following the approval of the subdivision of land and
upon request of Council, transfer to Council, at no cost to Council, 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 Council for public uses as streets,
or other rights-of-way, or for other public use; and
(b)
all services or public works including streets, water supply and
distribution and sanitary a storm drainage systems installed in the
subdivision that are normally owned and operated by Council.
(2)
Before Council 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.
Eastport Development Regulations 2011-2021
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(3)
Council 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 Council.
94.
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 Council is
satisfied that:
(a)
the lot can be served with satisfactory water supply and sewage
disposal systems; and
(b)
satisfactory access to a street is provided for the lots.
95.
Grouping of Buildings and Landscaping
(l)
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 Council, shall not be changed
without the written application to and subsequent approval of Council.
96.
Onsite Services
In areas without municipal water and sewer services, no residential lot will be
approved that does not have on the same lot a private well water supply and a
sewage treatment system that have received the necessary provincial approvals.
The use of a single private well or private sewage treatment system to service two
or more dwellings located on separate lots will not be permitted.
Eastport Development Regulations 2011-2021
Page 44
PART V - USE ZONES
97.
Use Zones
(!)
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 subsection (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, Council may in its
discretion, determine the standards, requirements and conditions which
shall apply.
98.
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 Council in accordance with the
classification and examples set out in Schedule B.
99.
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 pem1itted by
Council in that Use Zone.
Eastport Development Regulations 2011-2021
Page 45
100.
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 Council 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 Council has given notice of the application in accordance
with section 33 and has considered any objections or representations which may
have been received on the matter.
101.
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.
SCHEDULE A
DEFINITIONS
SCHEDULE A
DEFINITIONS
ACCESS means a way for vehicles, pedestrians or animals to go from a road, street or
highway to land adjacent to it.
ACCESSORY APARTMENT means a separate and complete dwelling unit contained
within the structure of a single dwelling or a commercial building.
ACCESSORY BUILDING means 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,
greenhouses, cold sheds, vegetable storage cellars, shelters for domestic
pets, radio and television antennae, or ;
(b)
in the case of commercial uses: workshops or garages; and
( c)
in the case of industrial uses: garages, offices, raised ramps and docks.
ACT means the Urban and Rural Planning Act.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device
or representation, whether illuminated or not, in the nature of and employed wholly or in
part for the purposes of advertisement, announcement or direction; excluding such things
employed wholly as a memorial, or functional advertisement of Councils, or other local
authorities, public utilities and public transport undertakers, and including any boarding
or similar structure used or adapted for use for the display of advertisements.
AGRIClJL TlJRE means horticulture, vegetable growing, 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.
AMUSEMENT USE means the use of land or buildings equipped for the playing of
electronic, mechanical, or other games and amusements including electronic games,
pinball games and slot machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
(a)
one (!) horse, eow, steer, bull, mule, donkey, bison, buffalo, pig, fox, or mink
including offspring until weaning
(b)
6 sheep or goats including offspring until weaning,
( c)
10 ostriches, emus or fur bearing animals excluding fox or mink
( d)
20 chickens, turkeys, ducks or geese, or
(e)
100 chicks
APARTMENT BUILDING: means a building containing three or more dwelling units,
but does not include a multiple dwelling.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
BED AND BREAKFAST means an owner-occupied single-unit dwelling in which there
is rooms for rent as short-term accommodation, and may indude the provision of meals
for persons staying temporarily at the establishment, as well as dining facilities for the
general public.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BUILDING means 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.
BUILDING LINE means a line established by Council to set the horizontal distance
between the closest point of a building and the street line.
CAMPGROUND means an area of land, managed as a unit, for the daily or seasonal
accommodation of tents, recreational vehicles, and where the ancillary uses could include
an administrative office, clubhouse, snack bar, laundry, convenience store, swimming
pool, washrooms, showers, and recreational facilities.
COAST AL FEATURE: means land adjoining or near the ocean that forms part of the
coastal environment, including an inter-tidal area, beach, beach bank, dune, coastal
marsh, ocean cliff, rock platform, and rock crevice.
COLLECTOR STREET means a street that is designed to link local streets with arterial
streets and which is designated as a collector street in the Municipal Plan, or on the
Zoning Map.
CONSERVATION means a use of land that serves to protect, maintain, or improve an
environmental resource or feature.
CONSTRUCTION YARD means an area used for the storage of construction materials,
supplies, equipment, tools, stockpiles of useable construction materials, and other items
including temporary storage containers, construction trailers, and temporary office
trailers.
CROP AGRICULTURE means horticulture, vegetable growing, fruit groV1ing, grain
growing, seed growing, and the use of land as market gardens and nursery grounds.
DAYCARE CENTRE means a building or part of a building in which services and
activities are regularly provided to children of pre-school age during the full daytime
period as defined under the Day Nurseries Act, but does not include a school as defined
by the Schools Act.
DEVELOPMENT means the carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the use, or
the intensity of use of any land, buildings, or premise and without limiting the generality
of the foregoing, shall specifically include:
(a)
the making of an access onto a highway, road or way;
(b)
(c)
the erection of an advertisement or sign;
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 or any building, being works which affect only the interior of
the building or which do not materially affect the external appearance or
use of the building;
(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;
(t)
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; and
(g)
the use of any building or yard of a dwelling house for any purpose
incidental to the enjoyment of the dwelling house as such.
DOUBLE DWELLING means a building containing two dwelling units, placed one
above the other, or side by side, but does not include a self-contained dwelling containing
a subsidiary apartment.
DRINKING ESTABLISHMENT means a commercial operation, assembly hall, or
place of entertainment in which the sale and consumption of liquor is licensed.
DWELLING UNIT means a self-contained unit consisting of one or more habitable
rooms used or designed as the living quarters for one household.
ENGINEER: means a professional engineer employed or retained by Council.
FLOOR AREA means the total area of all floors in a building measured to the outside
face of exterior walls.
FLOOR AREA RA TIO means the figure obtained when the total floor area of all
buildings on a lot excluding ones used for parking, is divided by the total area of the lot.
FRONT AGE means the horizontal distance between side lot lines measured at the
building line.
FRONT YARD SETBACK means the distance between the front lot line of a lot and
the front wall of the main building on the lot.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use
to a main building on the lot.
GARDEN CENTRE means the use of land, buildings, or structures or part thereof for
the purpose of buying or selling plants, lawn and garden equipment, furnishings, and
supplies;
GENERAL GARAGE means a building used for the maintenance, servicing, storage, or
repair of motor vehicles, trucks, or heavy equipment, which has no more than two service
bays of a size that can accommodate a semi-truck and trailer and which does not involve
the sale of petroleum products.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufactw-ing, fabricating, packing, canning, preparing,
breaking up, demolishing, or treating any article, commodity or substance. "Industry"
shall be construed accordingly. If not stated, the North American Industrial
Classification System (NAICS) will apply.
GROUP HOME means a dwelling unit, licensed or approved under Provincial
regulations, for the accommodation of a maximum of six (6) people, exclusive of staff, in
a home-like setting where staff provide care and supervision.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes
involving the use of materials or processes which because of their inherent
characteristics, constitute a special fire, explosion, radiation or other hazard.
HEIGHT means the height of a building measured as the vertical distance from the
ground level to the highest point of the roof surface.
HOME OCCUPATION means an accessory use conducted for financial gain in a
dwelling unit or a accessory building to a dwelling unit, which is compatible with a
domestic household and which is carried on by at least one (1) member of the family
residing in that dwelling unit.
HOTEL means a tourist establishment that consists of a building, which consists of three
or more attached sleeping units grouped under one roof and accessible from the interior
or partially from the exterior, is designed to accommodate the traveling public, and may
have facilities for serving meals.
INSPECTOR means any person appointed and engaged as an Inspector by Council or by
any federal or provincial authority or the agent thereof.
KENNEL means land and buildings where five (5) or more dogs over the age of six
months are boarded, bred, trained, or cared for, and does not include a veterinary clinic.
LAND includes land covered by water, and buildings and structures on, over, or under
the soil and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY means the use of any land or buildings for any general industrial
use that can be carried out without hazard or intrusion and without detriment to the
amenity of the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit,
soot ash, dust, glare or appearance.
LIVESTOCK includes cows, horses, mules, donkeys, llamas, alpacas, deer, pigs, sheep,
goats, ostriches, emus, fowl, and other animals raised for fur, meat, and dairy.
I.IV ESTOCK AGRICULTURE means the breeding, raising, maintenance or use of
livestock, including the use ofland for livestock grazing.
LIVESTOCK FACILITY means a building used or intended to he used to confine or
house livestock or a confined livestock area and includes a structure or area used or
intended to be used to store manure.
LOCAL STREET: means a street designed primarily to provide access to adjoining land
and which is not designated as a collector street in the Municipal Plan, or on the Zoning
Map.
LOT means any plot, tract or parcel of land which can be considered as a unit of land for
a particular use or building.
LOT COVERAGE means 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 means the total horizontal area within the lot lines of the lot.
MEDICAL CLINIC means a building or part thereof, used exclusively by physicians,
dentists, nurses or other health professionals, their staff and their patients for the purpose
of consultation, diagnosis, and office treatment of humans. Without limiting the
generality of the foregoing, a medical clinic may include administrative offices, waiting
rooms, treatment rooms, laboratories, pharmacies, and dispensaries directly associated
with the clinic.
MINERAL WORKINGS means the use of land for t11e surface extraction, processing,
crushing, and stockpiling of sand, gravel, clay, shale, bedrock, limestone, or other
aggregates, and may include washing and blasting where permitted under Provincial
Regulation;
MOBILE HOME means a transportable factory-built single family dwelling unit:
(a)
which complies with space standards substantially equal to those laid down in the
Canadian Code for Residential Constmction 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 Council, namely, piped
water, piped sewer, electricity and telephone, in order for such mobile
home unit to be suitable for year round tem1 occupancy.
MOTEL means a tourist establishment tbat consists of one or more buildings containing
four or more attached accommodation units, may or may not bave facilities for serving
meals, and/or is designed to accommodate the traveling public for whom the automobile
is the principal means of transportation;
MULTIPLE DWELLING means a dwelling containing more than two dwelling units,
such units being constructed with common walls on the same level with individual
entrances directly from the outside.
NURSING HOME means a building in which nursing care and room and board are
provided to individuals incapacitated in some matter for health or medical reasons.
OWNER means any person, firm or corporation controlling the property under consider-
ation.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
PLACE OF ENTERTAINMENT means an athletic, recreational, or social club
operated for gain or profit, as well as an auditoriun1, motion picture or other theatre,
billiard or pool room, bowling alley, ice or roller skating rink, curling rink, dance hall, or
bingo hall, and all other similar places open to the public.
REARY ARD SETBACK means the distance between the rear lot line and the rear wall
of the main building on the lot.
RECREATIONAL FACILITY means a building used for indoor sports activities and
public assembly events.
RECREATIONAL OPEN SPACE means a recreational use conducted outdoors that
may be designed and equipped for the conduct of sports and leisure activities, and may
include a multi-use trail, a nature interpretation centre, a park or playground , an outdoor
skating rink, picnic area, playing field, or similar use.
RESTAURANT means a building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with meals or refreshments for
consumption on the premises, and may include full services and/or take-out services.
SALVAGE YARD means land and buildings where scrap metal, motor vehicles, and
vehicular parts are collected and are wrecked, crushed, demolished, sorted, disassembled.
repaired and resold.
SERVICE STATION means any land or building used exclusively for the sale of
petroleum products, automotive parts and accessories, minor repairs, washing and
polishing of motor vehicles.
SHOP means a building or part thereof used for retail trade wherein the primary purpose
is the selling or offering for sale of goods, wares or merchandise by retail or the selling or
offering for sale of retail services but does not include an establishment wherein the
primary purpose is the serving of meals or refreshments, an amusement use, a general
garage, or a service station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing two or more
retail establishments.
SIDEYARD SETBACK means the distance between a side lot line and the nearest side
wall of any building on the lot.
STREET means any street, road or highway or any other way designed or intended for
public use for the passage of vehicles and pedestrians, owned by Council or other public
agency and maintained at public expense, and is accessible to Fire Department vehicles
and equipment.
STREET LINE means the edge of a street, road or highway reservation as defined by
the authority having jurisdiction.
SUBDIVISION means the dividing of any land, whether in single or joint ovmership,
into two or more pieces for the purpose of development.
TAKE-OUT RESTAURANT means a building in which the primary purpose is the
preparation and sale of meals or refreshments for consumption off the premises.
TOURIST COTTAGE ESTABLISHMENT means n area of land, managed as a unit,
consisting of three or more self-contained accommodations units used for short-tenn
stays, and where aceessory uses could include an administrative office, clubhouse, snack
bar, convenience store, swimming pool, and recreational facilities.
TRUCKING/HEAVY EQUIPMENT OPERATION means land or buildings used for
the maintenance, servicing, storage, or repair of trucks, heavy equipment, and similar
commercial vehicles, including the dispensing of petroleum products and the sale of parts
and accessories.
USE ZONE or ZONE means an area of land including buildings and water designated
on the Zoning Map to which the uses, standards and conditions of a particular Use Zone
table in Schedule C of the Regulations relate.
UTILITY means a service requiring the use of land for such purposes as electricity and
telephone transmission lines, water supply and storage, public sanitary sewage disposal,
treatment of sewage, and public drainage including storm sewers, as well as any
buildings or structures associated with the above-mentioned utilities.
ZONING MAP means the map or maps attached to and forming part of the Regulations.
SCHEDULED
CLASSIFICATION OF
USES OF LAND AND BUILDINGS
SCHEDULEB
CLASSIFICATION OF USES OF LAND AND BUILDINGS
NOTE:
GROUP
A.ASSEMBLY
USES
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 1995.
DIVISION
CLASS
EXAMPLES
(a) Theatre
Movie theatres.
1. Assembly Uses for
Concert hall
the oerforming arts.
2. General Assembly
(a) Cultural
Libraries
Uses
and Civic
Museums
Art Galleries
Court Rooms
Meeting Rooms
(b) General
Community Halls
Assembly
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowlin;:, Alleys
( c) Educational
Schools
Colleges
(non- residential)
(d) Place of
Churches and similar places of worship.
Worship
Church Halls
( e) Passenger
Passenger Tem1inals
Assembly
(f) Club and
Private Clubs and
Lodge
Lod2es (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
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
3. Arena-type Uses
(a) Indoor
Arenas
USES
Assembly
Multi-sports centres
(continued)
Ice Rinks
Indoor Swimming Pools
4. Open-air Assembly Uses
(a) Outdoor
Bleachers
Assembly
Grandstands
Outdoor Ice Rinks
Outdoor Swimming Pools
A rnusement Parks
Fair-grounds
Exhibition Grounds
Drive-in Theatres
B. INSTITUTIONAL
l. Penal and Correctional
(a) Penal and
Jails
(CARE OR
Institutional Uses
Correctional
Penitentiaries
DETENTION) USES
Detention
Prisons
Psychiatric
Reformatories
2. Special Care
(a) Medical Treatment
Children's Homes
Institutional Uses
and Special Care
Convalescent Homes
Homes for Aged
Hospitals
Infirmaries
Orphanages
Psychiatric Hospitals
Sanatoria
C. RESIDENTIAL
1. Residential
(a) Single Dwelling
Single Detached
USES
Dwelling
D\vellings
Uses
Family & Group Homes
(b) Double
Semi-detached Dwelling
Dwelling
Duplex Dwellings
Family & Group Homes
(c) Multi Dwelling
Row Houses
Town Houses
Familv & Group Homes
(d) Apartment
Apartments
Building
Family & Group Homes
CLASSIFICATION OF USES OF LANO ANO BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDENTIAL
2. General Residential Uses
(a) Collective
Residential Colleges
USES
(continued)
Residential
University & College Halls
(continued)
Convents & Monasteries
Nurses and Hospital
Residences
(b) Boarding
Boarding Houses
House
Lodging Houses
Residential
(c) Commercial
Hotels & Motels
Residential
Hostels
Tourist Cottages
Residential Clubs
( d) Seasonal
Summer Homes & Cabins
Residential
Hunting & Fishing Cabins
(e) Mobile
Mobile Homes
Homes
D. BUSINESS
I . Business, Professional, and
(a) Office
Offices (including
& PERSONAL
Personal Service Uses
Government Offices)
SERVICE
Banks
USES
(b) Medical &
Medical Offices and
Professional
Consulting Rooms
Dental Offices & Surgeries
Legal Offices
Similar Professional Offices
(c) Personal
Barbers
Service
Hairdressers
Beauty Parlours
Small Appliance Reoairs
(d) General
Self-service Laundries
Service
Dry Cleaners
Tool and Appliance Rentals
Travel Agents
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
I. Business,
(e) Communications
Radio Stations
PERSONAL
Professional
Telephone Exchanges
SERVICE
& Personal
(f) Police Station
Police Stations
USES
Service Uses
(continued)
(continued)
(~)Taxi Stand
Taxi Stands
(h) Take-out
Take-out Food Service
Food Service
( i) V eterinarv
Veterinary Clinics
E. MERCANTILE
1. Retail Sale and
(a) Shopping Centre
Shopping Centres
USES
Display Uses
(b) Shop
Retail Shops and Stores
Showrooms
Deoartment Stores
(c) Indoor
Market Halls
Market
Auction Halls
(d) Outdoor
Market Grounds
Market
Animal Markets
Produce Stands
Fish Stalls
(e) Convenience
Confoctiona:ry Stores
Store
Corner Stores
Gift Shops
Soecialtv Shoos
F. INDUSTRIAL
1. Industrial uses involving
(a) Hazardous
Bulk Storage of hazardous
USES
highly combustible and
Industry
liquids and substances.
(HIGH, MEDIUM
hazardous substances and
Chemical Plants
AND LOW HAZARD)
processes.
Distilleries
Feed Mills
Lacquer, Paint, Varnish,
and Rubber Factories
Spray Painting
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. TNDUSTRIAL
2. General
(a) General
Factories
USES
Industrial
Industry
Cold Storage Plants
(continued)
Uses involving
Freight Depots
Limited
General Garages
Hazardous
Warehouses
Substances and
Workshops
Processes.
Laboratories
Laundries
Sawmills and planing mills
Printing Plants
Contractors' Yards
(b) Service Station
Gasoline Service Stations
3. Light, Non-
(a) Light
Light Industry
hazardous or
Industry
Parking Garages
Non-intrusive
Indoor Storage
Industrial Uses.
Warehouses
Workshops
G. NON-
l. Uses not directly
(a) Agriculture
Commercial Farms
BUILDING
related to
Hobby Farms
USES
building
Market Gardens & Nurseries
(b) Forestry
Tree Nurseries
Silviculture
Harvestin11:
(c) Mineral
Pits and Quan-ies
Working
Mines
Oil Wells
(d) Recreational Open
Sports Grounds
Parks
Space
Playgrounds
Trails
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Steep Slopes
Wildlife Sanctuaries
(!) Cemetery
Cemeteries
Gravevards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G. NON-
I. Uses not directly
(h) Solid Waste
Solid Waste Disposal
BUILDING
related to building.
Sanitary Land Fill
USES
(continued)
Incinerators
(continued)
(i) Animal
Animal Pounds
Kennels
Zoos
(j) Antenna
TV. Radio and
Communications
Transmitting and
Receiving Masts
Antennae
(k) Transportation
Airfields
Railway Yards
Marine facilities
Docks and Harbours
SCHEDULEC
USE ZONE TABLES
SCHEDULEC
USE ZONE TABLES
This schedule contains tables for the following Use Zones:
Zone Title
ENVIRONMENT AL PROTECTION
RESIDENTIAL
RURAL RESIDENTIAL
MIXED USE
COMMERCIAL/INDUSTRIAL
OPEN SPACE
RURAL
Zone Symbol
EP
R
RR
:rvru
CI
OS
RU
4
9
14
20
23
24
Eastport Development Regulations, Schedule C
Page 1
ZONE TITLE:
ENVIRONMENTAL PROTECTION
l'EP)
PERMITTED USES (See Regulation 99)
Conservati.on, maintenance and ope!ation of existing uses
DISCRETIONARY USES (see Regulation 33 and 100)
Recreational open space, antenna, wharf, slipway, marine facility, fisheries facility,
accessory building or structure.
-···
CONDITIONS
1.
Zone Boundaries
For clarity, the boundaries of the Environmental Protection zone include:
(a)
All coastal features such as beaches, beach banks, dunes, salt marshes,
and rock platforms,
(b)
A 15-metre coastal buffer from the inland edge of all coastal features,
and
( c)
A 15-metre buffer from the watercourse vegetation line or the top of a
stream bank of a watercourse.
2.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided Council is satisfied that the development
would not be contrary to the general intent and purpose of these Regulations,
the Municipal Plan, and the public interest.
3.
Recreational Open Space
Recreational open space uses will generally be limited to passive recreational
uses such as a hiking trail, picnic area, or interpretative display.
4.
Fisheries and Marine Developments
A fisheries or marine facility will be permitted only if it is deemed by Council
to be coastal location essential and not contrary to the public interest.
5.
Development Adjacent to a Wetland or Watercourse
All portions of a lot located within 15 metres of a wetland or the top of the
stream bank of a watercourse will be subject to the following:
(a)
No building or structure will be permitted, except for:
(i)
the maintenance or reconstruction of an existing building or
structure that was in existence on the registration date of this
Municipal Plan
(ii)
an accessory building or structure to (i) above
Eastport Development Regulations, Schedule C
Page2
(b)
tree removal shall be limited to thirty percent (30%) of the number of
trees in any ten (10) year period, and
( c)
grubbing of soil, placing of landfill material, or other altering of the
landscape will be limited to a maximum of ten pereent (10%) of the
area.
6.
Coastal Embankments
Eastport has a number of steep embankments overlooking the coastal
shoreline that are vulnerable to erosion and slope failures. Many of these areas
have mature trees and are densely vegetated. In some cases this helps to
stabilize the embankment by preventing erosion, while in other areas mature
trees can act as levers in high winds to pry soil away from the slope.
All areas of a lot located closer than 15 metres to the edge of an embankment
slope exceeding 25% grade (i.e. Im vertical/4 m horizontal) will be subject to
the foll owing:
(a)
No building or strncture will be permitted, except for:
(i)
The maintenance or reconstruction of an existing building or
strncture that was in existence on the registration date of this
Municipal Plan
(ii)
An accessory building or structure to (i) above
(b)
Tree removal shall be subject to the following:
(i)
No trees will be removed except with the approval of Council,
(ii)
Where in the judgment of Council a tree(s) is considered to be
a hazard to soil stability on or close to an embankment, Council
will approve the removal of the tree(s),
(iii)
Where in the judgment of Council a tree(s) is considered to be
a soil stabilizing factor, Council will not approve the removal
of the tree(s).
( c)
Grubbing of soil, placing of landfill material, and other altering of the
landscape will not be permitted except as necessary to carry out public
works aimed at improving the stability of embankments.
7.
Recreational Open Space
The development of a recreational open space facility, if pennitted as a
discretionary use, will be limited to uses that accommodate passive
recreational activities such as trails, boardwalks, and small picnic shelters. It
will not include structures such as buildings, parking lots, tennis courts, or
other impervious land uses.
Eastport Development Regulations, Schedule C
Page 3
8.
Accessory Buildings and Structures
The development of an accessory building or structure, if permitted as a
discretionary use, will be limited to one light structure such as a gazebo,
viewing deck, or small shed with maximum ground coverage of 14 square
metres, and will be subject to such terms and conditions as Council deems
necessary to minimize environmental concerns.
8.
Environmental Control
(1)
All approved developments and associated utilities must be designed
and constructed in accordance with high environmental standards.
(2)
Where it deems necessary, Council shall require a proposed
discretionary use to undergo an appropriate assessment to ensure that
the development will be undertaken in a way that minimizes potential
environmental effects.
Eastport Development Regulations, Schedule C
Page 4
·-······
ZONE TITLE:
RESIDENTIAL
JR)
---~
PERMITTED USES (See Regulation 99)
Single dwelling, accessory apartment, conservation, crop agriculture
DISCRETIONARY USES (see Regulation 33 and 100)
Double dwelling, multiple dwelling up to 4 units, bed and breakfast, boarding house,
recreational open space use, home occupation, daycare centre, nursing home, group home,
kennel, shop, livestock agriculture
····-·-
3 & 4 Unit Dwelling
Double
(per unit)
STANDARDS
Single
Dwelling
Interior
Dwelling
(per unit)
End Unit
Unit
li"ullv Serviced Arells <hoth fuu'1]icipalwater and mlirtidnal sewer)
Minimum lot area
470m2
390m2
270 m'
185 m'
Minimum lot width
15m
13m
9m
6m
Semi Serviet:d Areas fmuniciual water on~y or municinal sewer only)
Minimum lot area
1400 m2
1400 m2
1400 m2
1400 m2
Minimum lot width
23 m
23 m
23 m
23m
N11 Municilial Services fon-sitewat~r alid sewer services only
Minimum lot area
3000 m'
n/a
n/a
n/a
Minimum lot width
30m
n/a
n/a
n/a
All Areas
.
·.
..
:·,
'
.
Minimum floor area (excl. basement)
65 m2
65 m2
65 m'
65 m'
Minimum frontyard setback
6m
6m
6m
6m
Minimum sideyard setback
2.5 & 2 m
2.5m
2.5m
n/a
Minimum rearvard setback
6m
6m
6m
6m
....
Minimum distance between buildings
3m
3m
3m
3m
Maximum buildi11g height
12m
12m
12 m
12 m
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided Council is satisfied that the development
would not be contrary to the general intent and purpose of these Regulations,
the Municipal Plan, and the public interest
2.
Double and Multiple Dwellings
Double and multiple dwellings will not be pem1itted in areas without
municipal water services.
..
"""
Eastport Development Regulations, Schedule C
Page 5
3.
Municipal Services
In areas accessible to municipal piped services, new developments must be
connected to these services.
4.
Developments without Access to Municipal Services
A proposed development in an area without municipal water and/or sewer will
be approved only if it has on the same lot a private well and sewage treatment
system that has received the necessary provincial approvals. The use of a
private well or private sewage treatment system to service two or more
dwellings located on separate lots will not be permitted.
5.
Street Access
Unless otherwise authorized by Council, the ITontage of each lot shall be on a
publicly owned and maintained street and access to the lot must be obtainable
from this street.
6.
Development Standards for Non-Residential Uses
A non-residential development permitted as a discretionary use will be subject
to the following criteria:
(a)
It must meet the minimum lot development standards established for a
single dwelling or such higher standards as Council may require,
(b)
It must be located and designed to minimize the impact of traffic,
noise, lighting, and signage on surrounding residential uses. Where
necessary, Council may require screening through the provision of
trees, shrubs, berms, landscaping, or fencing.
( c)
It must be designed and maintained to a high standard with regard to
safety, appearance, and compatibility with surrounding land uses.
( d)
It must provide for adequate off-street parking in accordance with
"Schedule D".
( e)
Permission to develop the non-residential use will be in accordance
with a development permit issued by Council, and
(f)
No change in the type or scale of the use will be permitted except in
accordance with a development permit.
Eastport Development Regulations, Schedule C
Page 6
7.
Accessory Buildings on Residential Lots
In addition to the requirements for accessory buildings set out in Regulation
38 of the General Development Standards, an accessory building on a
residential lot will be subject to the following standards and conditions.
(1)
The maximum combined lot coverage of accessory buildings on a lot
will equal no more than 7 percent of the area of the lot.
(2)
The maximum floor area of an accessory building will be in
accordance with the following table.
Permitted Size of Accessory Buildings
Lot Area
Maximum Floor Area
Up to 700 m2
65 m2
701m2 to1400m'
95 m2
1401 m2 to 2100 m'
120 m2
Over 2100 m2
145 m'
(3)
The maximum height of an accessory building will be 6.0 metres.
( 4)
No part of an accessory building will be permitted in the frontyard of
the main building (i.e. closer to the streetline) than the main building
except as otherwise authorized by Council in accordance with
Regulation 38 of Part II of these Regulations.
(5)
An accessory building will be no closer than 3.0 metres from another
building and no closer than 2.0 metre from any property line.
(6)
No truck, bus, semi-trailer, freight container, or other vehicle body
shall be used as an accessory building or structure.
(7)
No self-contained apartment or other type of dwelling unit will be
pennitted in an accessory building.
9,
Home Occupations
At Council's discretion, a home occupation may be permitted within a
residential dwelling or an accessory building on the same lot subject to the
following provisions:
(a)
The use will be clearly secondary to the residential use,
(b)
The use must be operated by an occupant of the dwelling,
Eastport Development Regulations, Schedule C
Page 7
( c)
The use will not employ more than three (3) people on the premises
including normal occupants of the dwelling,
( d)
The use will occupy no more than twenty-five percent (25%) of the
total floor area of the dwelling unit, including the basement,
( e)
The use will not generate sewage in excess of what can be
accommodated by the existing sewage disposal system,
(f)
No hazardous materials will be used,
(g)
The activities will not cause noise, odours, fumes, electrical
interference, or other unreasonable nuisances that significantly impact
neighbouring properties,
(h)
Parking requirements are set out in "Schedule D", however, a
minimum of one additional space will be required for a home
occupation. The required parking for a dwelling unit must continue to
be met.
(i)
One building only, separate from the dwelling unit, may be used in
connection with the home occupation and it shall conform to the
Accessory Building condition for this use zone,
G)
No sign will be pennitted other than a name plate not exceeding 0.2 m2
in area which is attached to the principal building. Illumination of the
sign is not permitted,
(k)
The use will not include automobile or heavy equipment repair, auto
body repair, or automobile sales,
(1)
The use must meet such other conditions and standards as may be
required by Council,
(m)
Permission to develop the home occupation will be in accordance with
a development permit issued by Council, and
(n)
No change in the type, class, or extent of the home occupation will be
permitted except in accordance with a development permit.
10.
Bed and Breakfast
A bed and breakfast operation may be conducted in a single dwelling, subject
to the following requirements:
(a)
It is clearly secondary to a residential use,
Eastport Development Regulations, Schedule C
Page 8
(b)
It is permitted only in a single dwelling,
(c)
It fully complies with relevant Provincial regulations and standards,
(d)
lt meets such other conditions and standards as may be required by
Council for a home occupation,
(e)
Permission to develop the bed and breakfast will be in accordance with
a development permit issued by Council, and
(t)
No change in the type or scale of the bed and breakfast operation will
be permitted except in accordance with a development permit.
11.
Kennel
The establishment of a new kennel will be subject to:
(a)
A minimum lot size of I hectare, and
(b)
Terms and conditions as set by Council to 1111mm1ze or mitigate
potential noise or other impacts on neighbouring land uses. These
terms and conditions will be limited to design and location provisions
related to the building site and associated features.
Eastport Development Regulations, Schedule C
Page 19
13.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on
any site, relating to a use permitted in this or another zone, or not relating to a
specific land use, shall be as follows:
(a)
No advertisement will exceed 3 m2 in area.
(b)
When the advertisement relates to a specific land use, it will be located
within a reasonable distance of, and only show thereon the name and
nature of and the distance and direction to, the premises to which they
relate.
( c)
The location, siting, and illumination of each advertisement will be to
the satisfaction of Council, having regard to the grade and alignment
of streets, the location of street intersections, the location of nearby
buildings, and the preservation of the amenities of the surrounding
area.
( d)
The advertisement will not be situated in whole or in part within the
right-of-way of a public street.
14.
Advertisements on Provincial Roads
On roads under Provincial jurisdiction, applications to erect advertisements
will require referral to and approval from the Department of Government
Services and other applicable authorities.
Eastport Development Regulations, Schedule C
Page 20
-···
ZONE TITLE:
COMMERCIAL I INDUSTRIAL
"Cl"
PERMITTED USES (See Regulation 99)
Shop, indoor market, outdoor market, shopping centre, office, light industry, convenience
store, communications, veterinary, public building, office, general service, personal
service, medical and professional, office, truck!J:ieavy equipment garage, warehouse,
conservation, antenna, crop agriculture
DISCRETIONARY USES (see Regulation 33 and 100)
General industry, service station, general garage, auto body shop, trucking/heavy
equipment operation, , land-extensive retail use such as a garden centre or building
supply yard, recreation facility, recreational open space use, funeral home, hotel, motel,
tourist cottage establishment, restaurant, drinking establishment, place of entertainment,
place ofworshin, campground, livestock agriculture, cemetery, accessory apartment
STANDARDS
All Uses
Minimum Lot Area (m2)
470
Minimum Floor Area (m2)
No Minimum
Minimum Lot Width
18 m
Minimum Frontyard Setback
!Om
(Council may require higher setbacks)
Minimum Sideyard Setback
5m&2m
(may be waived for buildings with adjoining walls)
Minimum Rearyard
!Om
Maximum Lot Coverage
40%
Maximum Height
15 m
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided Council is satisfied that the development
would not be contrary to the general intent and purpose of these Regulations,
tbe Municipal Plan, and the public interest.
2.
Services
In areas accessible to municipal piped services, new developments must be
connected to these services.
Eastport Development Regulations, Schedule C
Page 21
3.
Street Access
Unless othenvise authorized by Council, the frontage of each lot shall be on a
publicly owned and maintained street and access to the lot must be obtainable
from this street.
4.
Development Criteria
A development will be subject to the following criteria:
(a)
It must meet the minimum lot development standards or such higher
standards as Council may require,
(b)
It must be located and designed to minimize the impact of traffic,
noise, lighting, and signage on surrounding residential uses. Where
necessary, Council may require screening through the provision of
trees, shrubs, berms, landscaping. or fencing.
(c)
Tt must be designed and maintained to a high standard with regard to
safety, appearance, and compatibility with surrounding land uses.
( d)
It must provide for adequate off-street parking in accordance with
"Schedule D".
( e)
Permission to develop will be in accordance with a development
permit issued by Council, and
(f)
No change in the type or scale of the use will be permitted except in
accordance with a development permit
5.
Accessory Buildings
(1)
An accessory building will be permitted as an accessory use to a main
use ofland.
(2)
No truck, bus, semi-trailer, freight container, or other vehicle body
shall be used as an accessory building or structure.
6.
Accessory Apartments
An accessory apartment will be subject to the following:
(a)
It will be clearly secondary to a main use,
(b)
One only accessory apartment will be permitted in a single building,
( c)
The accessory apartment will be completely self-contained, with
facilities for cooking, sleeping and bathing, and
( d)
Other such conditions as may be required by Council.
Eastport Development Regulations, Schedule C
Page 22
7.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or
site occupied by a permitted use or a legal non-conforming use shall be as
follows:
(a)
The size, shape, illumination, and material construction of the
advertisement will meet the requirements of Council, having regard to
the safety and convenience of users of adjacent streets and sidewalks
and the general amenities of the surrounding area.
(b)
No advertisement will exceed S square metres in area.
8.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on
any site, relating to a use permitted in this or another zone, or not relating to a
specific land use, shall be as follows:
(a)
No advertisement will exceed 3 m2 in area.
(b)
When the advertisement relates to a specific land use, it will be located
within a rea5onable distance of, and only show thereon the name and
nature of and the distance and direction to, the premises to which they
relate.
(c)
The location, siting, and illumination of each advertisement will be to
the satisfaction of Council, having regard to the grade and alignment
of streets, the location of street intersections, the location of nearby
buildings, and the preservation of the amenities of the surrounding
area.
(d)
The advertisement will not be situated in whole or in part within the
right-of-way of a public street.
9.
Advertisements on Provincial Roads
On roads under Provincial jurisdiction, applications to erect advertisements
will require referral to and approval from the Department of Government
Services and other applicable authorities.
Eastport Development Regulations, Schedule C
Page 23
ZONE TITLE:
OPEN SP ACE
''OS"
-==-----1
PERMITTED USES (See Regulation 99)
Recreational open s ace, conservation.
DISCRETIONARY USES (see Regulation 33 and 100)
Indoor assembly, general assembly, outdoor assembly, indoor assembly, daycare,
catering, take-out restaurant, full service restaurant, recreation facility, cemetery,
single dwellino, antenna'-.----------------
CONDITIONS
1.
Development Standards
(I)
Minimum frontyard setback
(2)
Minimum sideyard setback
(3)
Minimum rearyard setback
(4)
Maximum height
8m
Sm
6m
12m
2.
Discretionary Use Classes
The discretionary use classes listed in this table may be pennitted at the
discretion of Council 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 use.
3.
Site Layout and Buffering
Council will ensure that proposed developments 'l'.111 not adversely affect the
natural and scenic quality of surrounding areas by requiring appropriate site
layout, buffering, screening and Jand.~caping.
4.
Single Dwellings
(1)
At the discretion of Council, a single dwelling may be permitted only
on a lot that was in existence on the registration date of this Municipal
Plan, subject to any tem1s and conditions that may be set by Council.
(2)
No dwellings will be pennitted on any lots in the Open Space zone
that were created after the registration date of this Municipal Plan.
Eastport Development Regulations, Schedule C
Page 24
ZONE TITLE:
RURAL
"RURAL"
...
PERMITTED USES (See Regulation 99)
Agriculture, conservation, forestry, mineral exploration, recreational open space
DISCRETIONARY USES (see Regulation 33 and 100)
Mineral working, wind generator, salvage yard, general industrial, light industrial,
construction yard, campground,outdoor tourism, single dwelling, cemeterv, antenna.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided Council is satisfied that the development
would not be contrary to the general intent and pmpose of these Regulations,
the Municipal Plan, and the public interest.
2.
Mineral Working
A mineral working use will be subject to the following, unless otherwise
authorized by Council:
(a) No extraction will take place in a wetland,
(b)
No extraction will take place within 60 metres of a watercourse or
wetland,
(c)
No extraction will take place within 100 metres of a residential,
commercial, or public building,
( d)
An undisturbed buffer strip will be maintained at least 30 metres wide
between the final perimeter of a pit or quarry and any residential lot
boundary, and at least 15 metres wide between the final perimeter of a
pit or quarry and any non-residential lot boundary. The minimum
buffer width may be reduced by up to 50% with the '-"Titten consent of
the adjacent property owner,
( e)
No extraction will take place within 30 metres of a public road, a
highway, or private residential road,
(f)
Topsoil removed prior to extraction will be appropriately stockpiled
for future rehabilitation ofthc site,
(g)
Unless otherwise authorized by Council, no extraction, processing, or
trucking activities shall take place on Sundays, statutory holidays, or
between 9 PM and 7 AM on other days,
Eastport Development Regulations, Schedule C
Page 25
(h)
The operator will keep the site clean of construction residue, domestic
garbage, abandoned vehicles, and all other scrap and waste materials,
(i)
During extended periods of shutdown, the slope of any sand and/or
gravel embankment shall not have a gradient steeper than 60% for the
full depth thereof,
G)
During extended periods of shutdown, access roads to a mineral
working site shall be barred by a gate or such other means that are
satisfactory to Council.
(k)
Site rehabilitation will be in accordance with a rehabilitation plan
submitted with the development application and approved by Council.
Council may require the rehabilitation plan to include a process for
progressive, or staged, rehabilitation, and
(1)
Other such conditions as Council considers necessary.
3.
Livestock Facilities
(1)
No new livestock facility shall be located within:
(a)
300 metres of a dwelling, public or commercial building, other
than a dwelling located on the same lot as the livestock
operation,
(b)
70 metres of the boundary of the property on which it is to be
erected, and
( c)
90 metres of the centre line of a public street.
(2)
Subsection (I) does not apply to the expansion, conversion, or
replacement of a livestock facility existing on the registration date of
this Municipal Plan as long as the expansion, conversion, replacement,
or addition does not reduce the existing separation distance between
the livestock facility and the subject dwelling, public building,
commercial building, property boundary, or public street.
(3)
No new dwelling, commercial, or public building use, except a
dwelling or commercial use located on the same lot as the agricultural
operation, may be located within 300 metres of a livestock facility
planned to accommodate more than five (5) animal units.
(4)
In addition to the above requirements, new livestock faeilities are
subject to applicable Provincial acts and regulations.
Eastport Development Regulations, Schedule C
Page 26
4.
Single Dwellings
At Council's discretion, a single dwelling may be pennitted only as a
subsidiary use to a commercial agricultural operation subject to the following:
(a)
It is clearly demonstrated to Council that the agricultural operation is
a bona fide operation from which the owner derives a major portion of
his or her income,
(b)
It is clearly demonstrated to Council that full-time habitation on the
site is necessary for the successful operation of the agricultural
operation, and
(c)
The dwelling must have a minimum floor area of 80m2 and a
minimum building line setback of I 0 metres.
5.
Temporary Dwelling
At Council's discretion, a temporary dwelling may be permitted as a
subsidiary use to a main use subject to the following:
(a)
It will not be the full-time residence of any person,
(b)
It will not be used for any purpose other than as a subsidiary dwelling
to the main use,
(c)
It will have a maximum floor area of 40 m',
( d)
It will be erected only on the ground surface and will not have any
portion of its foundation underground,
(e)
It will be erected and located in such a manner that in the opinion of
Council, it can be easily dismantled or removed upon tennination of
the operation, and
(f)
It will be removed from the site as soon as the permitted use ceases to
operate.
6.
Accessory Buildings
(I)
An accessory building will be permitted as an accessory use to a main
use of!and.
(2)
No truck, bus, semi-trailer, freight container, or other vehicle body
shall be used as an accessory building or structure.
Eastport Development Regulations, Schedule C
Page 27
7.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or
site occupied by a permitted use or a legal non-conforming use shall be as
follows:
(a)
The size, shape, illumination, and material construction of the
advertisement will meet the requirements of Council, having regard to
the safety and convenience of users of adjacent streets and sidewalks
and the general amenities of the surrounding area.
(b)
No advertisement will exceed 5 square metres in area.
8.
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 pennitted in this or another zone, or not relating to a
specific land use, shall be as follows:
(a)
No advertisement will exceed 3 m' in area.
(b)
When the advertisement relates to a specific land use, it will be located
within a reasonable distance of, and only show thereon the name and
nature of and the distance and direction to, the premises to which they
relate.
( c)
The location, siting, and illumination of each advertisement will be to
the satisfaction of Council, having regard to the grade and alignment
of streets, the location of street intersections, the location of nearby
buildings, and the preservation of the amenities of the surrounding
area.
( d)
The advertisement will not be situated in whole or in part within the
right-of-way of a public street.
9.
Advertisements on Provincial Roads
On roads under Provincial jurisdiction, applications to erect advertisements
will require referral to and approval from the Department of Government
Services and other applicable authorities.
SCHEDULED
OFF-STREET PARKING
REQUIREMENTS
SCHEDULED
OFF-STREET PARKING REQUIREMENTS
1. The off-street parking requirements for uses in the various use classes set out in
Schedule B shall be as set out in the following table.
2. In the case of developments including uses in more than one use class, these stand-
ards shall be regarded as cumulative.
3. Adequate off-street provision for drop-off and pick-up of persons shall be provided in
developments where required, such as uses within the educations, passenger
assembly, child care, medical treatment and special care, commercial residential and
take-out food service-use classes.
G
D
R
[
0
v
u
I
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
p
s
I
0
N
A
I
(a) Theatre
One space for every 5 seats.
2
(a) Cultural and Civic
One snace for every 50 square metres of gross floor areas.
(b) General Assembly
One soace for everv I 0 square metres of gross floor area.
(c) Educational
Schools - 2 spaces for every class room.
Further education - I space for every 5 persons using the facil-
ities (students, facultv and staffl.
(d) Place of Wor>hio
One space for every 5 seats.
(e) Passenger Assembly
As specified by Council.
(t) 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 soace for every I 0 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.
G
D
R
I
0
v
u
I
CLASS
MINIMUM OFF"STREET PARKING REQUIREMENT
p
s
I
0
N
3
(a) Indoor Assembly
One space for every I 0 spectators that may be accommodated
at one time.
4
(a) Outdoor Assembly
As specified by Council.
B
I
(a) Penal and Correctional
As specified by Council.
Detention
c
2
(a) Medical Treatment
One space for every 2 patients.
and Special Care
I
(a) Single Dwelling
Two spaces for every dwelling unit.
(b) Double Dwelling
Two spaces for every dwelling unit.
( c) Row Dwelling
Two spaces for everv dwelling unit.
(d) Apartment Building
Three spaces for everv 2-dwelling units.
2
(a) Collective Residential
As specified by Council.
(b) Commercial Residential
One soace for everv guest room.
( c) Seasonal Residential
One space for everv residential unit.
( d) Mobile Home
Two spaces for everv dwelling unit.
D
1
(a) Office
One space for everv 20 square metres of gross floor area.
(b) Medical and
One space for every 20 square metres of gross floor area.
Professional
( c) Personal Service
One space for every 20 square metres of gross floor area.
( d) General Service
One soace for everv 20 sauare metres of gross floor area.
(e) Communications
As soecified by Council.
(t) Police Station
As specified bv Council.
(g) Taxi Stand
As specified bv Council.
(h) Take"out Restaurant
One space for every 20 square metres of gross floor area.
(i) Veterinary
One space for every 20 square metres of 2ross floor area.
G
D
R
I
0
v
u
I
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
p
s
I
0
N
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 Council.
(d) Outdoor Market
As soecified bv Council.
(e) Convenience Stores
One space for every 20 square metres of gross floor area.
F
1
(a) Hazardous Industry
One space for every emplovee.
2
(a) General Industry
One soace for every emolovee.
(b) Service Station
One space for every 20 square metres of gross floor area.
3
(a) Light Industry
One space for everv employee.
Eastport Development Regulations, Schedule C
Page9
·-·-·-·--·-.. ·-.. ··-·--· .. ·---·
ZONE TITLE:
RURAL RESIDENTIAL
{RR)
PERMITTED USES (See Regulation 99)
Single dwelling, conservation, crop agriculture
DISCRETIONARY USES (see Regulation 33 and 100)
Bed and breakfast, accessory apartment, home occupation, recreational open space, kennel,
livestock agriculture
STANDARDS
Single Dwelling
Conventiona(Subdivisi~n Desilm
Minimum lot area
3000 m'
Minimum lot width
40 m
:~9nservation s#~dlvisfon De$ii.!n fsee Oo»d~dQ»,'rilf - ,. ···-'··. ············ ··· -· .- ........-...
;,;-;-;-,; ..
........
. ........
Minimum lot area
2000 m2
Minimum lot width at building line
30m
Minimum lot width at street line
8m
All Areas
.
Minimum t1oor area ( excl. basement)
65 m'
Minimum frontyard setback
6m
Minimum sideyard setback
2.5 m
-·······-
Minimum rearyard setback
6m
Minimum distance between buildings
3m
Maximum building height
12m
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided Council is satisfied that the development
would not be contrary to the general intent and purpose of these Regulations,
the Municipal Plan, and the public interest.
2.
Onsite Services
A proposed development in an area without municipal water and/or sewer will
be approved only if it has on the same lot a private well and sewage treatment
system that has received the necessary provincial approvals. The use of a
private well or private sewage treatment system to service two or more
dwellings located on separate lots will not be permitted.
Eastport Development Regulations, Schedule C
Page 10
3.
Conservation SubdiYisions
Conservation subdivision design differs from conventional subdivision design
in that a substantial proportion of the buildable land area is designated as
undivided, permanent open space. The central aim of this approaeh is to
preserve natural lands by reducing the size of the development footprint. The
most important step in designing a conservation subdivision is to identify the
land that is to be preserved.
Council at its discretion may approve residential lots in accordance with
Conservation Subdivision Design principles subject to the following
conditions.
(a)
An appropriate area of land within the proposed subdivision area must
be designated as permanent open space and approved by Council. This
land must be located entirely with the Rural Residential zone and
cannot include lands within a road reservation or where development
otherwise would not be permitted for environmental protection reasons
(e.g. wetlands, shoreline buffers, slopes steeper than 25%),
(b)
A site plan must be submitted to Council delineating the area of land
to be designated as permanent open space and the layout of roads and
individual lots,
( c)
The combined total area of land included in proposed lots and in
dedieated open space must be equivalent to at least 4,000 m' per lot,
( d)
Each residential lot must receive necessary Provincial approvals for
on-site water and sewer services,
( e)
Development in the designated open space area will be in accordance
with the provisions of the Environmental Protection zone,
(f)
A homeowners association must be established to own, manage, and
maintain the open space area,
(g)
A homeowners' association agreement must be prepared, which will be
binding on all purchasers and subsequent owners of residential lots in
the subdivision,
(h)
The homeowners association must enter into a legal agreement with
the Town of Eastpmt to the effect that the commonly owned open
space will not be developed except in accordance with the provisions
of the Environmental Conservation zone, and
Eastport Development Regulations, Schedule C
Pagel l
(i)
Legal and other costs incurred by the developer or homeowners
association to prepare the legal agreement as per subsection (h) will be
wholly the responsibility of the developer and/or the homeowners
association.
4.
Accessory Buildings on Residential Lots
ln addition to the requirements for accessory buildings set out in Regulation
38 of the General Development Standards, an accessory building on a
residential lot will be subject to the following standards and conditions.
(!)
The maximum combined lot coverage of accessory buildings on a lot
will equal no more than 7 percent of the area of the lot.
(2)
The maximum floor area of an accessory building will be 145 m2-
(3)
The maximum height of an accessory building will be 6.0 metres.
(4)
No pai1 of an accessory building will be permitted in the frontyai·d of
the main building (i.e. closer to the streetline) than the main building
except as otherwise authorized by Council in accordance with
Regulation 38 of Pai1 II of these Regulations.
(5)
An accessory building will be no closer than 3.0 metres from another
building and no closer than 2.0 metres from any property line.
(6)
No truck, bus, semi-trailer, freight container, or other vehicle body
shall be used as an accessory building or structure.
(7)
No self-contained apai1ment or other type of dwelling unit will be
permitted in an accessory building.
5.
Accessory Apartments
An accessory apai1ment will be subject to the following:
(a) It will be clearly secondary to a single dwelling,
(b) One only accessory apartment will be permitted in a single dwelling, and
( c) The accessory apai1ment will be completely self-contained, with facilities
for cooking, sleeping and bathing.
6.
Home Occupations
At Council's discretion, a home occupation may be permitted within a
residential dwelling or an accessory building on the same lot subject to the
following provisions:
Eastport Development Regulations, Schedule C
Page 12
(a)
The use will be clearly secondary to the residential use,
(b)
The use must be operated by an occupant of the dwelling,
(c)
The use will not employ more than three (3) people on the premises
including normal occupants of the dwelling,
(d)
The use will occupy no more than twenty-five percent (25%) of the
total floor area of the dwelling unit, including the basement,
(e)
The use will not generate sewage in excess of what can be
accommodated by the existing sewage disposal system,
(f)
No hazardous materials will be used,
(g)
The activities will not cause noise, odours, fumes, electrical
interference, or other unreasonable nuisances that significantly impact
neighbouring properties,
(h)
Parking requirements are set out in "Schedule D". A minimum of one
additional space will be required for a home occupation. The required
parking for a dwelling unit must continue to be met.
(i)
One building only, separate from the dwelling unit, may be used in
connection with the home occupation and it shall conform to the
Accessory Building condition for this use zone,
(j)
No sign will be permitted other than a name plate not exceeding 0.2 m2
in area which is attached to the principal building. lllumination of the
sign is not permitted,
(k)
The use will not include automobile or heavy equipment repair, auto
body repair, or automobile sales,
(1)
The use must meet such other conditions and standards as may be
required by Council,
(m)
Permission to develop the home occupation will be in accordance with
a development permit issued by Council, and
( o)
No change in the type, class, or extent of the home occupation will be
permitted except in accordance with a development permit.
Eastport Development Regulations, Schedule C
Page 13
7.
Bed and Breakfast
A bed and breakfast operation may he conducted in a single dwelling, su~j ect
to the following requirements:
(a)
It is clearly secondary to a residential use,
(b)
It is permitted only in a single dwelling,
( c)
It fully complies with relevant Provincial regulations and standards,
( d)
It meets such other conditions and standards as may he required by
Council for a home occupation,
( e)
Permission to develop the bed and breakfast will be in accordance with
a development permit issued by Council, and
(f)
No change in the type or scale of the bed and breakfast operation will
be permitted except in accordance with a development permit.
8.
Kennel
The establishment of a new kennel will be subject to:
(a)
A minimum lot size of 1 hectare, and
(b)
Terms and conditions as set by Council to minimize or mitigate
potential noise or other impacts on neighbouring land uses. These
tenns and conditions will be limited to design and location provisions
related to the building site and associated features.
Eastport Development Regulations, Schedule C
Page 14
ZONE TITLE:
MIXED USE
"MU"
PERMITTED USES (See Regulation 99)
Single dwelling, accessory apartment, conservation, antenna, crop agriculture
DISCRETIONARY USES (see Regulation 33 and 100)
Double dwelling, multiple dwelling up to 4 units, apartment building, nursing home, group
home, hotel, motel, tourist cottage establishment, convenience store, shop, full service
restaurant, take-out restaurant, shopping centre, theatre, cultural and civic, indoor market,
office, daycare centre, medical and professional, personal service, general service,
communications, veterinary, public building, office, place of worship, club and lodge,
general assembly, indoor assembly, outdoor assembly, bed and breakfast, boarding house,
drinking establishment, recreation facility, recreational open space, place of entertainment,
light industrial, service station, general garage, funeral home, kennel, campground,
cemeterv, livestock agricultur(;
-·············---
3 & 4 Unit Dwelling
Double
<ner unit)
STANDARDS
Single
Dwelling
Interior
Dwelling
(per unit)
End Unit
Unit
~:-
'
'
"',,
'
--.
"
'
'',
'
·.--.-.
"
Areas with Municinal Wate"' andlftr Sewer Services
'
Minimum lot area
470m'
390 m'
270m2
185 m'
Minimum lot width
15 m
13 m
9m
6m
~reas with On-SW~ Water anll1Sewer SerVices
,''
Minimum lot area
4000 m2
n/a
n/a
n/a
Minimum lot width
45m
n/a
n/a
n/a
,, AU Areas,,
'
.. ,
'
,, I
'
Minimum floor area ( excl. basement)
65 m'
65 m2
65 m'
65 m'
Minimum frontyard setback
6m
6m
6m
6m
Minimum sidevard setback
2.5 &2m
2.5m
2.5m
n/a
Minimum rearvard setback
6m
6m
6m
6m
Minimum distance between buildings
3m
3m
3m
3m
Maximum building height
12m
12m
12m
12m
CONDITIONS
I.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided Com1cil is satisfied that the development
would not be contrary to the general intent and purpose of these Regulations,
the Municipal Plan, and the public interest.
'
Eastport Development Regulations, Schedule C
Page 15
2.
Services
In areas accessible to municipal piped services, new developments must be
connected to these services.
3.
Developments without Access to Municipal Services
A proposed development in an area without municipal water and/or sewer will
be approved only if it has on the same lot a private well and sewage treatment
system that has received the necessary provincial approvals. The use of a
private well or private sewage treatment system to service two or more
dwellings located on separate lots will not be permitted.
4.
Street Access
Unless otherwise authorized by Council, the frontage of each lot shall be on a
publicly owned and maintained street and access to the lot must be obtainable
from this street.
5.
Development Standards for Non-Residential Uses
A commercial or other non-residential development will be subject to the
following criteria:
(a)
It must meet the minimum lot development standards established for a
single dwelling or such higher standards as Council may require,
(b)
It must be located and designed to minimize the impact of traffic,
noise, lighting, and signage on surrounding residential uses. Where
necessary, Council may require screening through the provision of
trees, shrubs, berms, landscaping, or fencing.
( c)
It must be designed and maintained to a high standard with regard to
safety, appearance, and compatibility with surrounding land uses.
( d)
It must provide for adequate ofi~street parking in accordance with
"Schedule D".
( e)
Pennission to develop the non-residential use will be in accordance
with a development permit issued by Council, and
(f)
No change in the type or scale of the use will be permitted except in
accordance with a development permit.
6.
Accessory Buildings
An accessory building will be permitted as an accessory use to a main use of
land.
Eastport Development Regulations, Schedule C
Page 16
7.
Accessory Buildings on Residential Lots
In addition to the requirements for accessory buildings set out in Regulation
38 of the General Development Standards, an accessory building on a
residential lot will be subject to the following standards and conditions.
I.
The maximum combined lot coverage of accessory buildings on a lot
will equal no more than 7 percent of the area of the lot.
2.
The maximum floor area of an accessory building will be m
accordance with the following table.
Permitted Size of Accessory Buildings
Lot Area
Maximum Floor Area
--·------...
Up to 700 m2
65 m2
701 m2 to 1400 m2
95 m2
1401 m2 to 2100 m2
120 m2
Over 2100 m2
145 m2
(3)
The maximum height of an accessory building will be 6.0 metres.
(4)
No part of an accessory building will be permitted in the frontyard of
the main building (i.e. closer to the streetline) than the main building
except as otherwise authorized by Council in accordance with
Regulation 38 of Part II of these Regulations.
(5)
An accessory building will be no closer than 3.0 metres from another
building and no closer than 2.0 metre from any property line.
(6)
No truck, bus, semi-trailer, freight container, or other vehicle body
shall be used as an accessory building or structure.
(7)
No self-contained apartment or other type of dwelling unit will be
permitted in an accessory building.
8.
Accessory Apartments
An accessory apartment will be subject to the following:
(a)
It will be clearly secondary to a single dwelling or a permitted
commercial use,
(b)
One only accessory apartment will be permitted in a single dwelling or
a single commercial building, and
( c)
The accessory apartment will be completely self-contained, with
facilities for cooking, sleeping and bathing.
Eastport Development Regulations, Schedule C
Page 17
9.
Home Occupations
At Council's discretion, a home occupation may be permitted within a
residential dwelling or an accessory building on the same lot, subject to the
following provisions:
(a)
The use will be clearly secondary to the residential use,
(b)
The use must be operated by an occupant of the dwelling,
( c)
The use will not employ more than three (3) people on the premises
including normal occupants of the dwelling,
(d)
The use will occupy no more than twenty-five percent (25%) of the
total floor area of the dwelling unit, including !he basement,
( e)
1l1e use will not generate sewage in excess of what can be
accommodated by the existing sewage disposal system,
(f)
No hazardous materials will be used,
(g)
The activities will not cause noise, odors. fumes, electrical
interference, or other unreasonable nuisances that significantly impact
neighbouring properties,
(h)
Parking requirements are set out in "Schedule D"; however, a
minimum of one additional space will be required for a home
occupation. The required parking for a dwelling w1it must continue to
be met.
(i)
One building only, separate from the dwelling unit, may be used in
connection with the home occ.upation and it shall conform to the
Accessory Building condition for this use zone,
(j)
No sign will be permitted other than a name plate not exceeding 0.2 m2
in area which is attached to t11e principal building. Illumination of the
sign is not permitted,
(k)
The use will not include automobile or heavy equipment repair, auto
body repair, or automobile sales,
(I)
The use must meet such other conditions and standards as may be
required by Council,
(m)
Permission to develop !he home occupation will be in accordance with
a development permit issued by Council, and
Eastport Development Regulations, Schedule C
Page 18
( o)
No change in the type, class, or extent of the home occupation will be
permitted except in accordance with a development permit.
10.
Bed and Breakfast
A bed and breakfast operation may be conducted in a single dwelling, subject
to the following requirements:
(a)
It is clearly secondary to a residential use,
(b)
It is permitted only in a single dwelling,
( c)
It fully complies with relevant Provincial regulations and standards,
(d)
It meets such other conditions and standards as may be required by
Council for a home occupation,
( e)
Permission to develop the bed and breakfast will be in accordance with
a development permit issued by Council, and
(f)
No change in the type or scale of the bed and breakfast operation will
be permitted except in accordance with a development permit.
11.
Kennel
The establishment of a new kennel will be subject to:
(a)
A minimum lot size of I hectare, and
(b)
Terms and conditions as set by Council to m1mm1ze or mitigate
potential noise or other impacts on neighbouring land uses. These
terms and conditions will be limited to design and location provisions
related to the building site and associated features.
12.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or
site occupied by a pennitted use or a legal non-conforming use shall be as
follows:
(a)
The size, shape, illumination, and material construction of the
advertisement will meet the requirements of Council, having regard to
the safety and convenience of users of adjacent streets and sidewalks
and the general amenities of the surrounding area.
(b)
No advertisement will exceed 5 square metres in area.