Embree, Newfoundland and Labrador
· adopted 2021-03-23
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TOWN OF EMBREE
DEVELOPMENT REGULATIONS
2021 - 2031
Prepared By:
PLAN-TECH
-
ENVIRONMENT
URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF EMBREE
DEVELOPMENT REGULATIONS 2021-2031
Under the authority of section 16, section 17 and section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Embree:
a)
Adopted the Embree Development Regulations 2021-2031 on the 23rd day of
March, 2021.
b)
Gave notice of the adoption of the Town of Embree Development Regulations
2021-2031 by posting a poster on their Facebook page and putting up posters in
the Town office and Town of Embree Post Office for the 30-day period.
c)
Set the 30th day of April, 2021 for the deadline of submissions for the public
hearing
requirements
for
a
commissioner to consider
objections and
submissions.
Now under section 23 of the Urban and Rural Planning Act 2000, the Town Council of
Embree approved the Town of Embree Development Regulations 2021-2031, as adopted.
SIGNED AND SEALED this _j]_ day of -:rJ.)f .f_ , 2021.
Mayor:
Clerk:
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URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF EMBREE
DEVELOPMENT REGULATIONS 2021-2031
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town
Council of Embree adopts the Embree Development Regulations 2021-2031.
Adopted by the Town Council of Embree on the _23rd day of March, 2021.
Signed and sealed this _11 day of
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, 2021.
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CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Town of Embree Development Regulations 2021-2031 has
been prepared in accordance with the requirements of the Urban and Rural Planning Act.
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Table of Contents
APPLICATION .................................................................................................................................. 1
1. Short Title ............................................................................................................................... 1
2. Interpretation ......................................................................................................................... 1
3. Commencement ..................................................................................................................... 1
4. Municipal Code and Regulations ........................................................................................... 1
5. Authority ................................................................................................................................ 1
PART 1- GENERAL REGULATIONS ................................................................................................... 2
6. Compliance with Regulations ......................................................................... : ....................... 2
8. Permit to be Issued ................................................................................................................ 2
9. Permit Not to be Issued in Certain Cases ............................................................................... 2
10. Discretionary Powers of Authority ....................................................................................... 3
11. Variances ............................................................................................................................... 3
12. Notice of Variance ................................................................................................................ 4
13. Service Levy .......................................................................................................................... 4
14. Financial Guarantees by Developer ..................................................................................... 5
15. Dedication of Land for Public Use ........................................................................................ 5
16. Reinstatement of Land ......................................................................................................... 5
17. Form of Application .............................................................................................................. 5
18. Register of Application ......................................................................................................... 6
19. Deferment of Application .................................................................................................... 6
20. Approval in Principle ............................................................................................................ 6
21. Development Permit ............................................................................................................ 7
22. Reasons for Refusing Permit ................................................................................................ 8
23. Notice of Right to Appeal ..................................................................................................... 8
24. Appeal Requirements ........................................................................................................... 8
25. Appeal Registration ............................................................................................................... 9
26. Development Prohibited ...................................................................................................... 9
27. Appeal Board ...................................................................................................................... 10
28. Appeals ............................................................................................................................... 10
29. Hearing Notice and Meetings ............................................................................................ 12
30. Hearing of Evidence ........................................................................................................... 12
31. Return of Appeal Fee ......................................................................................................... 13
32. Notice of Application ......................................................................................................... 13
33. Right of Entry ..................................................................................................................... 13
34. Record of Violations ........................................................................................................... 13
35. Stop Work Order and Prosecution ..................................................................................... 13
36. Delegation of Powers ......................................................................................................... 14
PART II - GENERAL DEVELOPMENT STANDARDS ........................................................................ 15
37. Accesses and Service Streets ............................................................................................. 15
38. Accessory Buildings ............................................................................................................ 15
39. Advertisements .................................................................................................................. 15
40. Buffer Strips ....................................................................................................................... 15
41. Building Height ................................................................................................................... 16
42. Building Line and Setback .................................................................................................. 16
43. Family and Group Care Centres ......................................................................................... 16
44. Height Exceptions ............................................................................................................... 17
45. Livestock Structures and Uses ........................................................................................... 17
46. Lot Area .............................................................................................................................. 17
47. Lot Area and Size Exceptions ............................................................................................. 18
48. Lot Frontage ....................................................................................................................... 18
49. Non-Conforming Use ......................................................................................................... 18
50. Offensive and Dangerous Uses .......................................................................................... 20
51. Off-street Parking Requirements ....................................................................................... 20
78. Land for Public Open Space .......................................... : .................................................... 27
79. Structure in Street Reservation .......................................................................................... 28
80. Subdivision Design Standards ............................................................................................ 28
81. Engineer to Design Works and Certify Construction Layout ............................................. 30
82. Developer to Pay Engineer's Fees and Charges ................................................................. 30
83. Street Works May Be Deferred .......................................................................................... 30
84. Transfer of Streets and Utilities to Authority .................................................................... 31
85. Restriction on Sale of Lots .................................................................................................. 32
86. Grouping of Buildings and Landscaping ............................................................................. 32
PART V - USE ZONES ..................................................................................................................... 33
88. Use Classes ......................................................................................................................... 33
89. Permitted Uses ................................................................................................................... 33
90. Discretionary Uses ............................................................................................................. 33
91. Uses Not Permitted ............................................................................................................ 34
Development Regulations under the Urban and Rural Planning Act, 2000 . ............................. 35
SCHEDULE A - DEFINITIONS .......................................................................................................... 44
SCHEDULE B: CLASSIFICATION OF USES OF LAND AND BUILDINGS .......................................... 56
SCHEDULE C: USE ZONES AND USE ZONE TABLES ...................................................................... 62
RESIDENTIAL ZONE .................................................................................................................... 66
RESIDENTIAL SEASONAL ZONE .................................................................................................. 74
RESIDENTIAL- COMPREHENSIVE DEVELOPMENT AREA ZONE .................................................. 76
COMMERCIAL ZONE .................................................................................................................. 78
INDUSTRIAL ZONE ........................................................................... .......................................... 82
PUBLIC BUILDINGS ZONE ............................................................... ........................................... 85
OPEN SPACE/RECREATION ZONE .............................................................................................. 88
CONSERVATION ZONE .............................................................................................................. 90
52. Off-Street Loading Requirements ...................................................................................... 22
53. Parks and Playgrounds, and Conservation Uses ................................................................ 22
54. Screening and Landscaping ...................................................................... , ......................... 22
55. Services and Public Utilities ............................................................................................... 23
56. Service Stations .................................................................................................................. 23
57. Side Yards ........................................................................................................................... 23
58. Street Construction Standards ........................................................................................... 23
59. Subsidiary Apartments ....................................................................................................... 23
60. Unsubdivided Land ............................................................................................................. 23
PART Ill - ADVERTISEMENTS ........................................................................................................ 24
62. Permit Required ................................................................................................................. 24
63. Form of Application ............................................................................................................ 24
64. Advertisements Prohibited in Street Reservation ............................................................. 24
65. Permit Valid for Limited Period .......................................................................................... 24
66. Removal of Advertisements ............................................................................................... 24
67. Advertisements Exempt from Control ............................................................................... 24
68. Approval Subject to Conditions ......................................................................................... 25
69. Non-Conforming Uses ........................................................................................................ 25
PART IV - SUBDIVISION OF LAND ................................................................................................. 26
70. Permit Required ................................................................................................................. 26
71. Services to be Provided ...................................................................................................... 26
72. Payment of Service Levies and Other Charges .................................................................. 26
73. Issue of Permit Subject to Considerations ......................................................................... 26
74. Building Permits Required ................................................................................................. 27
75. Form of Application ............................................................................................................ 27
76. Subdivision Subject to Zoning ............................................................................................ 27
77. Building Lines ..................................................................................................................... 27
PROTECTED WATERSHED ZONE ................................................................................................ 91
RURAL ZONE .............................................................................................................................. 93
SCHEDULE D: OFF-STREET PARKING REQUIREMENTS ................................................................ 98
APPLICATION
1. Short Title
TOWN OF EMBREE MUNICIPAL PLAN
DEVELOPMENT REGULATIONS
These Regulations may be cited as the Embree Development Regulations.
2. Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to them
in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
3. Commencement
These Regulations come into effect throughout the Embree Municipal Planning Area, hereinafter
referred to as the Planning Area, on the date of publication of a notice to that effect in the
Newfoundland and Labrador Gazette.
4. Municipal Code and Regulations
The National Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and
any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or any
other municipal regulations regulating or controlling the development, conservation and use of
land in force in the Town of Embree, shall, under these Regulations apply to the entire Planning
Area.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Embree.
1
PART I - GENERAL REGULATIONS
6. Compliance with Regulations
No development shall be carried out within the Planning Area except in accordance with these
Regulations.
7. Permit Required
No person shall carry out any development within the Planning Area except where otherwise
provided in these Regulations unless a permit for the development has been issued by the
Authority.
8. Permit to be Issued
Subject to Regulations 9 and 10, a permit shall be issued for development within the Planning
Area that conforms to:
{a)
the general development standards set out in Part II of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards, requirem-
ents, and conditions prescribed in Schedule C of these Regulations for the use zone in
which the proposed development is located;
(b)
the standards set out in the Building Code and/or other ancillary codes, and any Building
Regulations, Waste Disposal Regulations, and/or any other municipal regulation in force
in the Planning Area regulating or controlling development, conservation and use of land
and buildings;
(c)
the standards set out in Part 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;
(e)
the standards of design and appearance established by the Authority.
9. Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the Planning
Area when, in the opinion of the Authority, it is premature by reason of the site lacking adequate
road access, power, sanitary facilities, or domestic water supply, or being beyond the natural
development of the area at the time of application unless the applicant contracts to pay the full
cost of construction of the services deemed necessary by the Authority and such cost shall attach
2
to and upon the property in respect of which it is imposed.
10. Discretionary Powers of Authority
(1)
In considering an application for a permit or for approval in principle to carry out
development, the Authority shall take into account the policies expressed in the Munici-
pal Plan and any further scheme, plan or regulations pursuant thereto, and shall assess
the general appearance of the development of the area, the amenity of the surroundings,
availability of utilities, public safety and convenience, and any other considerations which
are, in its opinion, material, and notwithstanding the conformity of the application with
the requirements of these Regulations, the Authority may, in its discretion, and as a result
of its consideration of the matters set out in this Regulation, conditionally approve or
refuse the application.
(2)
An authority may, in its discretion, determine the uses that may or may not be developed
in a use zone and those uses shall be listed in the authority's regulations as discretionary,
permitted or prohibited uses for that area
11. Variances
(1)
Where an approval or permit cannot be given by the Authority because a proposed
development does not comply with development standards set out in development
regulations, the Authority may, in its discretion, vary the applicable development
standards to a maximum of 10% if, in the authority's opinion, compliance with the
development standards would prejudice the proper development of the land, building or
structure in question or would be contrary to public interest.
(2)
The Authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances
made or to be made with respect to the same land, building or structure, would have a
cumulative effect that is greater than a 10% variance even though the individual variances
are separately no more than 10%.
3
(3)
The Authority shall not permit a variance from development standards where the
proposed development would increase the non-conformity of an existing development.
12. Notice of Variance
Where the Authority is to consider a proposed variance, the Authority shall give written notice of
the proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance and allow a minimum period of 7 days for
response.
13. Service Levy
(1)
The Authority may require a developer to pay a service levy where development is made
possible or where the density of potential development is increased, or where the value
of property is enhanced by the carrying out of public works either on or offthe site of the
development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance charges to
the Authority of constructing or improving the public works referred to in Regulation
13(1) that are necessary for the real property to be developed in accordance with the
standards required by the Authority and for uses that are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefited by the public works related to all the real
property so benefited; and,
(b)
the density of development made capable or increased by the public work.
(4)
The Authority may require a service levy to be paid by the owner of the real property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real property commences;
(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
4
14. Financial Guarantees by Developer
(1)
The Authority may require a developer before commencing a development to make such
financial provisions and/or enter into such agreements as may be required to guarantee
the payment of service levies, ensure site reinstatement, and to enforce the carrying out
of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the form of:
(a)
a cash deposit from the developer, to be held by the Authority, or;
(b)
a guarantee by a bank, or other institution acceptable to the Minister, for
expenditures by the developer, or;
(c)
a performance bond provided by an insurance company or a bank, or;
(d)
an annual contribution to a sinking fund held by the Authority, or;
(f)
another form of financial guarantee that the Authority may approve.
15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, the Authority may
require the dedication of not more than 10% of the land area of any subdivision or other
development for public use, and such land shall be conveyed to the Authority in accordance with
the provisions of the Act.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the Authority may
order the developer, the occupier of the site, or the owner or all of them to reinstate the site, to
remove all or any buildings or erections, to cover or fill all wells or excavations, and to close all or
any accesses, or to do any of these things or all of them, as the case may be, and the _developer,
occupier or owner shall carry out the order of the Authority and shall put the site in a clean and
sanitary condition to the satisfaction of the Authority.
17. Form of Application
(1)
An application for a development permit or for approval in principle shall be made only
5
by the owner or by a person authorized by the owner in writing and signed by the owner
to the Authority on such form as may be prescribed by the Authority. The ownership
information must be sufficient to meet the satisfaction of Council. Every application shall
include a property description and the location of the proposed development, and such
plans, specifications and drawings as the Authority may require, and be accompanied by
the permit fee required by the Authority.
(2)
The Authority shall supply to every applicant a copy of the application forms referred to
in Regulation 17(1) and a description of the plans, specifications and drawings required
to be provided with the application and any information or requirements applicable to
the application.
18. Register of Application
The Authority shall keep a public register of all applications for development and shall enter
therein the Authority's decision upon each application and the result of any appeal from that
decision.
19. Deferment of Application
(1)
An application properly submitted in accordance with these Regulations shall be
determined within eight (8) weeks of receipt of the application by Council.
(2)
The Council may defer consideration of an application where additional information or
consideration is required.
(3)
Where no decision on an application has been made within eight (8) weeks of its
submission, the application shall be deemed to be refused.
20. Approval in Principle
(1)
An application for Approval in Principle shall include;
a)
a description of the proposed development,
b)
a description of the limits of the land to be used with the proposed development, and
may include a survey description of the subject lands, and
c)
submission of any pertinent information that may be required by the Council.
6
(2)
The Council may issue an Approval in Principle if it determines the application conforms to
the Municipal Plan and these Regulations.
(3)
An Approval in Principle shall be valid for a period of 1 year and may be extended 1 year
(must be requested by applicant), up-to a total maximum period of 2 years.
(4)
No development shall be carried out under an Approval in Principle.
(5)
Council may revoke an Approval in Principle if it determines the applicant has changed the
proposed development in a way that significantly alters the original intent of the
applications.
21. Development Permit
(1)
A written Development Permit, including a temporary Development Permit, issued by the
Council shall be permission to develop. This permission shall not relieve the applicant from
full responsibility of obtaining all other approvals, prior to the commencement of
development, and complying with the requirements of all other regulations and statutes
during development.
(2)
The Council may attach conditions to a Development Permit to ensure compliance with the
Municipal Plan and these Regulations, and the permit holder shall be responsible for full
compliance with the permit conditions.
(3)
A Development Permit is valid for a period of 1 year and may be extended twice up to a total
maximum period of 3 years.
(4)
The issuance of a Development Permit shall not prevent the Council from requiring the
correction of errors, or ordering the cessation, removal of, or remedial work on any
development being carried out that is in violation of the Municipal Plan and these
Regulations.
(5)
The Council may revoke a Development Permit for failure by the developer to comply with
the Municipal Plan and these Regulations, or any condition attached to the Development
Permit, or where it was issued in error or was issued on the basis of incorrect information.
(6)
No person shall change the application for which a Development Permit has been issued
unless the change has been approved by a resolution of the Council, and written approval
has been issued.
7
(7)
A copy of the Development Permit, and the plans and specifications, shall be kept on the
site until completion of the development.
22. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit, state the
reasons for so doing in writing.
23. Notice of Right to Appeal
Where the Authority makes a decision that may be appealed under section 42 of the Act, the
Authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the:
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
24. Appeal Requirements
(1)
The Secretary of the Appeal Board at the Local Governance and Land Use Planning
Division, P.O. Box 8700, St. John's, NL., AlB 4J6, is the Secretary to all Appeal Boards in
the Province and an appeal filed with that Secretary within the time period referred to in
subsection 42(4) of the Act shall be considered to have been filed with the appropriate
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.
8
(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
(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.
(2)
Where an appeal has been registered the Secretary of the Appeal Board shall notify the
Authority of the appeal and shall provide to the Authority a copy of the appeal and the
documentation related to the appeal.
(3)
Where the Authority has been notified of an appeal that Authority shall within one week
of notification forward to the appropriate board a copy ofthe application being appealed,
all correspondence, council minutes, plans and other relevant information relating to the
appeal including the names and addresses of the applicant and other interested persons
of whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the Secretary of the board shall
publish in a newspaper circulated in the area of the appropriate authority, a notice that
the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks before
the date upon which the appeal is to be heard by the board.
26. Development Prohibited
(1)
Immediately upon notice of the registration of an appeal the Authority shall ensure that
any development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to the Authority acting under subsection (1).
9
(3)
Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, the Authority shall not carry out work related to the matter
being appealed.
27. Appeal Board
(1)
The Minister may, by order, establish an Appeal Board and shall assign to the Appeal
28. Appeals
Board a specific area of the province over which it shall have jurisdiction, as outlined in
section 40, of the Act.
(1)
A person or an association of persons aggrieved of a decision that, under the regulations,
may be appealed, may appeal that decision to the appropriate 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 the Authority 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.
(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.
10
(S)
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.
(10)
In determining an appeal, an Appeal Board may confirm, reverse or vary the decision
appealed from and may impose those conditions that the board considers appropriate in
the circumstances and may direct the Authority to carry out its decision or make the
necessary order to have its decision implemented.
(11}
Notwithstanding subsection (10), where the Authority may, in its discretion, make a
decision, 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
11
an appeal shall be the decision of the Appeal Board.
(13)
An Appeal Board shall, in writing notify the appellant and the appropriate Authority of
the decision of the Appeal Board.
29. Hearing Notice and Meetings
(1)
An Appeal Board shall notify the appellant, applicant, authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal not fewer
than 7 days before the date scheduled for the hearing of the appeal.
(2)
An Appeal Board may meet as often as is necessary to conduct its work in an expeditious
manner.
30. Hearing of Evidence
(1)
An Appeal Board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under regulation 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 subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as
evidence directly provided at the hearing of the Appeal Board.
(4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
12
31. Return of Appeal Fee
Where an appeal made by an appellant under section 42 of the Act, is successful, an amount of
money equal to the fee paid by that appellant under regulation 24(2) shall be paid to him or her
by the Authority.
32. Notice of Application
The Authority may, and when a variance is necessary under Regulation 11 and the Authority
wishes to consider whether to authorize such a variance, when a change in nonconforming use is
to be considered under Regulation 49, or when the development proposed is listed as a dis-
cretionary use in Schedule C of the Regulations shall, at the expense of the applicant, give notice
of an application for a permit or for approval in principle, by public advertisement in a newspaper
circulating in the area or by any other means deemed necessary, and under Regulation 12 and the
Authority shall give written notice of the proposed variance from development standards to all
persons whose land is in the immediate vicinity of the land that is the subject of the variance, and
allow a minimum period of 7 days for response.
33. Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land and may
at all reasonable times enter any development or building upon the land for the purpose of
making surveys or examinations or obtaining information relative to the carrying out of any
development, construction, alteration, repair, or any other works whatsoever which the Authority
is empowered to regulate.
34. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to his
knowledge and report that violation to the Authority.
35. Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
13
Regulations, the Authority may order that person to stop the development or work
connected therewith pending final adjudication in any prosecution arising out of the
development.
(2)
A person who does not comply with an order made under Regulation 35(1) is guilty of an
offence under the provisions of the Act.
36. Delegation of Powers
An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
14
PART II - GENERAL DEVELOPMENT STANDARDS
37. Accesses and Service Streets
{1)
Access shall be located to the specification of the Authority so as to ensure the greatest
possible convenience and safety of the street system and the Authority may prescribe the
construction of service streets to reduce the number of accesses to collector and arterial
streets.
(2)
No vehicular access shall be closer than 9 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
buildings in character, use and size, and shall be contained on the same lot.
(2)
An accessory building may only be located in front of a building line at the discretion of
Council after consultation has taken place with neighbouring property owners.
{3)
The sideyard requirements set out in the use zone tables in these Regulations shall apply
to accessory buildings wherever they are located on the lot.
39. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part Ill of these
Regulations.
40. Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or proposed
residential area, or is separated from it by a road only, the owner of the site of the industrial
development shall provide a buffer strip not less than ten (10) metres wide between any
residential activity and the industrial area. The buffer shall include the provision of such natural
or structural barrier as may be required by the Authority and shall be maintained by the owner or
occupier to the satisfaction of the Authority.
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41. Building Height
The Authority may permit the erection of buildings of a height greater than that specified in
Schedule C, but in such cases the building line setback and rearyard requirements shall be varied
as follows:
(1)
The building line setback shall be increased by 2 metres for every 1 metre increase in
height.
(2)
The rearyard shall not be less than the minimum building line setback calculated as
described in (1) above plus 6 metres.
42. Building Line and Setback
(1)
The Council, by resolution, may establish building lines on an existing street and may
require any new buildings to be located on those building lines, whether or not such
building lines conform to the standards set out in the tables in Schedule C of these
Regulations.
(2)
A building situated on a corner lot shall be required to observe the building line setback
set out in Schedule C of these Regulations on both the primary and flanking (secondary)
streets.
43. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff, provided that in the
opinion of the Authority, the use of the dwelling does not materially differ from, nor adversely
affect, the amenities of the adjacent residences, or the neighbourhood in which it is located. The
Authority may require special access and safety features to be provided for the occupants before
occupancy is permitted.
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44. Height Exceptions
The height requirements prescribed in Schedule C ofthese Regulations may be waived in the case
of communication masts and antennae, flagpoles, water towers, spires, belfries, or chimneys, but
any such waiver which results in an increase of more than 10% of the permitted height of the
structure shall only be authorized under the provisions of Regulation 11.
45. Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be erected or used
unless it complies with the following requirements:
(a)
The structure shall be at least 600 m from a residence, (except a farm residence
or a residence which is a non-conforming use
in any zone in which agriculture is a permitted use class in the Use Zone Tables in
Schedule C of these Regulations), and, from an area designated for residential use
in an approved Plan, and, from a Provincial or Federal Park.
(b)
The structure shall be at least 60 m from the boundary of the property on which
it is to be erected.
(c)
The structure shall be at least 90 m from the centre line of a street.
(d)
The erection of the structure shall be approved by the Land Resource Stewardship
Division and Water Resource Management Division.
(2)
No development for residential use shall be permitted within 600 m of an existing
structure designed to contain more than five animal units unless the development is first
approved by the Land Resource Stewardship Division.
46. Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any portion
thereof or otherwise, so that any building or structure on such lot shall have a lot coverage
that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than
that permitted by these Regulations for the zone in which such lot is located.
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(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
t hereof and shall not be deemed to form part of an adjacent lot for the purpose of
computing the area thereof available for building purposes.
47. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist in
any residential zone, with insufficient frontage or area to permit the owner or purchaser of such
a lot or lots to comply with the provisions of these Regulations, then these Regulations shall not
prevent the issuing of a permit by the Authority for the erection of a dwelling·thereon, provided
that the lot coverage and height are not greater than, and the yards and floor area are not less
than the standards set out in these Regulations.
48. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these Regulations,
no residential or commercial building shall be erected unless the lot on which it is situated fronts
directly onto a street or forms part of a Comprehensive Development Scheme.
49. Non-Conforming Use
(1)
Notwithstanding the Municipal Plan, scheme or regulations made under the Urban and
Rural Planning Act, 2000 (the 'Act') the Authority 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-conforming use legally existed before the registration of this Pan and these
Development Regulations 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
18
land shall not exceed 12 months after that discontinuance.
(3)
A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (1)
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Authority;
(b)
shall not be structurally modified except as required for the safety of the building,
structure or development;
(c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, structure or
development has been destroyed;
(d)
may have the existing use for that building, structure or development varied by
the Authority to a use that is, in the Authority's opinion, more compatible with
the plan and regulations applicable to it;
(e)
may have the existing building extended by approval of the Authority where, in
the Authority'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;
(g)
where a building, structure or development does not meet the development
standards included in the development regulations, the building, structure or
development shall not be expanded if the expansion would increase the non-
conformity and an expansion must comply with the development standards
applicable to that building, structure or development.
(h)
where the building or structure is primarily zoned and used for residential
purposes, 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.
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Where considering a non conforming building, structure or development and before making a
decision to vary an existing use of that non-conforming building, structure or development, the
Authority, at the applicant's expense, shall publish a notice in a newspaper circulating in the area
or by other means give public notice of an application to vary the existing use of a non-conforming
building, structure or development and shall consider any representations or submissions
received in response to that advertisement.
SO. Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous fumes,
smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any
nuisance that has an unpleasant effect on the senses unless its use is authorized by the Authority
and any other authority having jurisdiction.
51. Off-street Parking Requirements
(1)
For every building, structure or use to be erected, enlarged or established, there shall be
provided and maintained a quantity of off-street parking spaces sufficient to ensure that
the flow of traffic on adjacent streets is not impeded by the on-street parking of vehicles
associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of occupancy
shall conform to the standards set out in Schedule D of these Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings, shall be made
accessible by means of a hard-surfaced right-of-way at least 3 m in width. Parking
required in a Residential Zone shall be provided on the same lot as the dwelling or
dwellings. Parking space for apartments shall be provided in the rear yard where possible.
In a Non-Residential Zone, parking spaces shall be provided within the limits of the zone
in which the use is situated and not more than 200 m distance from the use concerned.
(4)
The parking facilities required by this Regulation shall, except in the case of single or
20
attached dwellings, be arranged so that it is not necessary for any vehicle to reverse onto
or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are required or
permitted:
(a)
parking space shall mean an area of land, not less than 15 m2 in size, capable of
being used for the parking of a vehicle without the need to move other vehicles
on adjacent areas;
(b)
the parking area shall be constructed and maintained to the specifications of the
Authority;
(c)
the lights used for illumination of the parking area shall be so arranged as to divert
the light away from adjacent development;
(d)
a structure, not more than 3 m in height and more than 5 m2 in area may be
erected in the parking area for the use of attendants in the area;
(e)
except in zones in which a service station is a permitted use, no gasoline pump or
other service station equipment shall be located or maintained on a parking area;
(f)
no part of any off-street parking area shall be closer than 1.5 m to the front lot
line in any zone;
(g)
access to parking areas in non-residential zones shall not be by way of residential
zones;
(h)
where a parking area is in or abuts a residential zone, a natural or structural
barrier at least 1 m in height shall be erected and maintained along all lot lines;
(i)
where, in the opinion of the Authority, strict application of the above parking
requirements is impractical or undesirable, the Authority may as a condition of a
permit require the developer to pay a service levy in accordance with these
Regulations in lieu of the provision of a parking area, and the full amount of the
levy charged shall be used by the Authority for the provision
and upkeep of alternative parking facilities within the general vicinity of the
development.
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52. Off-Street Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or established requiring the
shipping, loading or unloading of animals, goods, wares or merchandise, there shall be
provided and maintained for the premises loading facilities on land that is not part of a
street comprised of one or more loading spaces, 15 m long, 4 m wide, and having a vertical
clearance of at least 4 m with direct access to a street or with access by a driveway of a
minimum width of 6 m to a street.
(2)
The number of loading spaces to be provided shall be determined by the Authority.
(3)
The loading facilities required by this Regulation shall be so arranged that vehicles can
manoeuvre clear of any street and so that it is not necessary for any vehicle to reverse
onto or from a street.
53. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and playgrounds
are not located in areas which may be hazardous to their use and are not operated for commercial
purposes.
54. Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the owner or occupier to
provide adequate and suitable landscaping or screening; and for this purpose, may require the
submission of an application giving details of the landscaping or screening, and these Regulations
shall then apply to that application. The provision of adequate and suitable landscaping or
screening may be made a condition of any development permit where, in the opinion of the
Authority, the landscaping or screening is desirable to preserve amenity, or protect the
environment.
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55. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the provision of
public services and public utilities if the use of that land is necessary to the proper operation of
the public service or public utility concerned provided that the design and landscaping of any
development of any land so used is, in the opinion of the Authority, adequate to protect the
character and appearance of the area.
56. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such purpose, and to
which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and where a
service station is located on a corner lot, the minimum distance between an access and
the intersection of street lines at the junction shall be 10 metres and the lot line between
entrances shall be clearly indicated.
57. Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the exposed sides of every
building in order to provide access for the maintenance of that building.
58. Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Authority.
59. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of
calculating lot area and yard requirements, shall be considered part of the self-contained dwelling.
60. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to satisfy
the yard and other allowances called for in the Use Zone in which it is located and the allowances
shall be retained when the adjacent land is developed.
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PART Ill - ADVERTISEMENTS
62. Permit Required
Subject to the provisions of Regulation 67, no advertisement shall be erected or displayed in the
Planning Area unless a permit for the advertisement is first obtained from the Authority. Permit
for erection or display of advertisement on Provincial Highways shall be obtain from the Service
NL.
63. Form of Application
Application for a permit to erect or display an advertisement shall be made to the authority in
accordance with Regulation 17.
64. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any highway or
street reservation.
65. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement shall be
for a limited period, not exceeding two years, but may be renewed at the discretion of the
Authority for similar periods.
66. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the removal of
any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination, or structural
condition, or;
(b)
detrimental to the amenities of the surrounding area.
67. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Authority:
(a)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
24
0.2 m2 in area;
(b)
on an agricultural holding or farm, a notice board not exceeding 1 m2 in area and
relating to the operations being conducted on the land;
(c)
on land used for forestry purposes, signs or notices not exceeding 1 m2 in area
and relating to forestry operations or the location of logging operations conducted on the
land;
(d)
on land used for mining or quarrying operations, a notice board not exceeding 1
m2 in area relating to the operation conducted on the land;
(e)
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding
0.2 m2 in area in connection with the practice of a professional person carried on in the
premises;
(f)
on any site occupied by a church, school, library, art gallery, museum, institution
or cemetery, one notice board not exceeding 1 m2 in area;
(g)
on the principal 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;
(h)
on any parking lot directional signs and one sign not exceeding 1 m2 in size,
identifying the parking lot.
68. 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.
69. Non-Conforming Uses
Notwithstanding the provisions of Regulation 62, a permit may be used for the erection or display
of advertisements on a building or within the courtyard of a building or on a parcel of land, the
use of which is a non-conforming use, provided that the advertisement does not exceed the size
and type of advertisement which could be permitted if the development was in a Use Zone
appropriate to its use, and subject to any other conditions deemed appropriate by the Authority.
25
PART IV - SUBDIVISION OF LAND
70. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of the
subdivision is first obtained from the Authority.
71. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions satisfactory to
the Authority have been made in the application for a supply of drinking water, a properly
designed sewage disposal system, and a properly designed storm drainage system.
72. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been reached
for the payment of all fees levied by the Authority for connection to services, utilities and streets
deemed necessary for the proper development of the subdivision, and all service levies and other
charges imposed under Regulations 13 and 14.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Authority shall, without
limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
(d)
the land use, physical form and character of adjacent developments;
(e)
the transportation network and traffic densities affecting the site;
(f)
the relationship of the project to existing or potential sources of nuisance;
(g)
soil and subsoil characteristics;
(h)
the topography of the site and its drainage;
(i)
natural features such as lakes, streams, topsoil, trees and shrubs;
(j)
prevailing winds;
26
(k)
visual quality;
(I)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
74. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building permit shall
be obtained for each building proposed to be erected in the area of the subdivision, and no
building permit for any building in the area shall be issued until the developer has complied with
all the provisions of these Regulations with respect to the development of the subdivision.
75. Form of Application
Application for a Development Permit a subdivision shall be made to the Authority in accordance
with Regulation 17.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on
the Zoning Maps.
77. Building Lines
The Authority may establish building lines for any subdivision street and require any new building
to be located on such building lines.
78. Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate to
the Authority, at no cost to the Authority, an area of land equivalent of not more than
10% of the gross area of the subdivision or 25 m2 for every dwelling unit permitted in the
subdivision, whichever is the greater, for public open space, provided that:
(a)
where land is subdivided for any purpose other than residential use, the Authority
shall determine the percentage of land to be dedicated;
(b)
if, in the opinion of the Authority, no public open space is
required, the land may be used for such other public use as the Authority may
27
determine;
(c)
the location and suitability of any land dedicated under the
provisions of this Regulation shall be subject to the approval of the Authority but
in any case, the Authority shall not accept land which, in its opinion is incapable
of development for any purpose;
(d)
the Authority may accept from the developer in lieu of such area
or areas of land the payment of a sum of money equal to the value of the land
which would otherwise be required to be dedicated;
(e)
money received by the Authority in accordance with Regulation
78(1)(d) above, shall be reserved by the Authority for the purpose of the
acquisition or development of land for public open space or other public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Authority and may be sold or leased by the Authority for the purposes of
any development that conforms with the requirements of these Regulations, and the
proceeds of any sale or other disposition of land shall be applied against the cost of acqui-
sit ion or development of any other land for the purposes of public open space or other
public purposes.
(3)
The Authority may require a strip of land to be reserved and remain undeveloped
along the banks of any river, brook or pond, and this land may, at the discretion of the
Authority, constitute the requirement of land for public use under Regulation 78(1).
79. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole, telegraph or
telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the prior approval of the
Authority which shall be satisfied on the question of safe construction and relationship to the
adjoining buildings and other structures within the street reservation.
80. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the following standards:
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(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter of not less
than 30 m.
(c)
The maximum length of any cul de sac shall be:
(i)
200m in areas served by or planned to be served by municipal
piped water and sewer services, as shown in the map and letter of agreement
signed by the Municipality and the Minister of Municipal and Provincial Affairs in
connection with municipal five-year capital works program eligibility.
(ii)
300m in areas not served by or planned to be served by municipal
piped water and sewer services.
(d)
Emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall connect
the head of the cul de sac with an adjacent street.
(e)
No cul de sac shall be located so as to appear to terminate a collector street.
(f)
(g)
New subdivisions shall have street connections with an existing street or streets.
All street intersections shall be constructed within 5° of a right angle and this
alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(i)
No more than four streets shall join at any street intersection.
(j)
No residential street block shall be longer than 490 m between street
intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with the Town's
Engineering Design Guidelines for Subdivisions, a guiding document for these Regulations.
(I)
No lot intended for residential purposes shall have a depth exceeding four times
the frontage.
(m)
Residential lots shall not be permitted which abut a local street at both front and
rear lot lines.
(n)
The Authority may require any existing natural, historical or architectural feature or part
thereof to be retained when a subdivision is developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the development
of adjoining land.
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81. Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters and catch
basins and all other utilities deemed necessary by the Authority to service the area
proposed to be developed or subdivided shall be designed and prepared by or approved
by a certified Professional Engineer. Such designs and specifications shall, upon approval
by the Authority, be incorporated in the plan of subdivision.
(2)
Upon approval by the Authority of the proposed subdivision, the Engineer shall
certify all work of construction layout preliminary to the construction of the works and
thereupon the developer shall proceed to the construction and installation, at his own
cost and in accordance with the approved designs and specifications and the construction
layout certified by the Engineer, of all such water mains, hydrants, sanitary sewers and
all appurtenances and of all such streets and other works deemed necessary by the
Authority to service the said area.
82. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the preparation of
designs and specifications and for the layout and supervision of construction; such fees and
charges being percentages of the total cost of materials and labour for the construction and
installation of all works calculated in accordance with the Schedule of Fees recommended by the
Association of Professional Engineers of Newfoundland and in effect at the time the work is carried
out.
83. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and paving
specified by the Authority as being necessary, may, at the Authority's discretion, be deferred until
a later stage of the work on the development of the subdivision but the developer shall deposit
with the Authority before approval of his application, an amount estimated by the Engineer as
reasonably sufficient to cover the cost of construction and installation of the works. In the later
stage of the work of development, the Authority shall call for tenders for the work of construction
30
and installation of the works, and the amount so deposited by the developer shall be applied
towards payment of the contract cost. If the contract cost exceeds the deposit, the developer
shall pay to the Authority the amount of the excess. If the contract price is less than the deposit,
the Authority shall refund the amount by which the deposit exceeds the contract price. Any
amount so deposited with the Authority by the developer shall be placed in a separate savings
account in a bank and all interest earned thereon shall be credited to the developer.
84. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land and upon
request of the Authority, transfer to the Authority, at no cost to the Authority, and clear
of all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided which are approved
and designated by the Authority for public uses as streets, or other rights-of-way,
or for other public use;
(b)
all services or public works including streets, water supply and
distribution and sanitary a storm drainage system installed in the subdivision that
are normally owned and operated by the Authority.
(2)
Before the Authority shall accept the transfer of lands, services or public works of
any subdivision, the Engineer shall, at the cost to the developer, test the streets, services
and public works installed in the subdivision and certify his satisfaction with their
installation.
(3)
The Authority shall not provide maintenance for any street, service or public work
in any subdivision until such time as such street, service or public work has been
transferred to and accepted by the Authority.
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85. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until the Authority is satisfied that:
(a)
the lot can be served with satisfactory water supply and sewage disposal systems,
and;
(b)
satisfactory access to a street is provided for the lots.
86. Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building types
and for landscaping in order to enhance the visual aspects of the completed development
and to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by the Authority, shall not be changed without
written application to and subsequent approval of the Authority.
32
PART V - USE ZONES
87. Use Zones
88. Use Classes
(1)
For the purpose of these Regulations, the Planning Area is divided into
Use Zones which are shown on the Zoning Map attached to and forming part of
these Regulations.
(2)
Subject to Regulation 87(3), the permitted use classes, discretionary use
classes, standards, requirements and conditions applicable to each Use Zone are
set out in the Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone
are not set out in the Use Zone Tables in Schedule C, the Authority may in its
discretion, determine the standards, requirements and conditions which shall
apply.
The specific uses to be included in each Use Class set out in the Use Zone Tables in
Schedule C shall be determined by the Authority in accordance with the classification and
examples set out in Schedule B.
89. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out
in the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in
that Use Zone.
90. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set
out in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if
the Authority is satisfied that the development would not be contrary to the general
intent and purpose of these Regulations, the Municipal Plan, or any further scheme or
plan or regulation pursuant thereto, and to the public interest, and if the Authority has
given notice of the application in accordance with Regulation 32 and has considered any
33
objections or representations which may have been received on the matter.
91. 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.
34
TOWN OF EMBREE
MINISTER'S REGULATIONS
2021 - 2031
Prepared By:
PLAN-TECH
~
ENVIRONMENT
NEWFOUNDLAND REGULATION 3/01
Development Regulations under the Urban and Rural Planning Act, 2000.
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. John's, January 2, 2001.
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice ofright to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non-conformity
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
15. Notice and hearings on change of use
16. Non-conformance with standards
1 7. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
35
1. Short title
These regulations may be cited as the Development Regulations.
2. Definitions
In these regulations,
(a)
"Act", unless the context indicate otherwise, means the Urban and
Rural Planning Act, 2000;
(b)
"applicant" means a person who has applied to an authority for an
approval or permit to carry out a development;
(c)
"authority" means a council, authorized administrator or regional
authority; and
(d)
"development regulations" means these regulations and regulations
and by-laws respecting development that have been enacted by the relevant
authority.
3. Application
( 1)
These regulations shall be included in the development regulations of an
authority and shall apply to all planning areas.
(2)
Where there is a conflict between these regulations and development
regulations or other regulations of an authority, these regulations shall
apply.
(3)
Where another Act of the province provides a right of appeal to the board,
these regulations shall apply to that appeal.
4. Interpretation
(1)
In development regulations and other regulations made with respect to a
planning area the following terms shall have the meanings indicated in this
section
(a)
(b)
"access" means a way used or intended to be used by vehicles,
pedestrians or animals in order to go from a street to adjacent or
nearby land or to go from that land to the street;
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling,
36
located on the same lot as the main building to which it is an
accessory and which has a use that is customarily incidental
or complementary to the main use of the building or land,
(ii)
for residential uses, domestic garages, carports, ramps,
sheds, swimming pools, greenhouses, cold frames, fuel
sheds, vegetables storage cellars, shelters for domestic pets
or radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
( c)
"accessory use" means a use that is subsidiary to a permitted or
discretionary use and that is customarily expected to occur with the
permitted or discretionary use;
( d)
"building height" means the vertical distance, measured in metres
from the established grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable,
hip or gambrel roof, and in any case, a building height shall
not include mechanical structure, smokestacks, steeples and
purely ornamental structures above a roof;
(e)
"building line" means a line established by an authority that runs
parallel to a street line and is set at the closest point to a street that a
building may be placed;
(f)
"discretionary use" means a use that is listed within the
discretionary use classes established in the use zone tables of an
authority's development regulations;
(g)
"established grade" means,
(i)
where used in reference to a building, the average elevation
of the finished surface of the ground where it meets the
exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
ii)
where used in reference to a structure that is not a building,
the average elevation of the finished grade of the ground
immediately surrounding the structure, exclusive of any
artificial embankment or entrenchment;
(h)
"floor area" means the total area of all floors in a building
measured to the outside face of exterior walls;
(i)
"frontage" means the horizontal distance between
lot lines measured at the building line;
(j)
"lot" means a plot, tract or parcel of land which can
be considered as a unit of land for a particular use or
building;
(k)
"lot area" means the total horizontal area within the lines of
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the lot;
(1)
"lot coverage" means the combined area of all building on a
lot measured at the level of the lowest floor above the
established grade and expressed as a percentage of the total
area of the lot;
(m)
"non-conforming use" means a legally existing use that is not listed
as a permitted or discretionary use for the use zone in which it is
located or which does not meet the development standards for that
use zone;
(n)
"owner" means a person or an organization of persons owning or
having the legal right to use the land under consideration;
( o)
"permitted use" means a use that is listed within the permitted use
classes set out in the use zone tables of an authority's development
regulations;
(p)
"prohibited use" means a use that is not listed in a use zone within
the permitted use classes or discretionary use classes or a use that an
authority specifies as not permitted within a use zone;
(q)
"sign" means a word, letter, model, placard, board, device or
representation, whether illuminated or not, in the nature of or
employed wholly or in part for the purpose of advertisement,
announcement or direction and excludes those things employed
wholly as a memorial, advertisements of local government, utilities
and boarding or similar structures used for the display of
advertisements;
(r)
"rear yard depth" means the distance between the rear lot line and
the rear wall of the main building on a lot;
(s)
"side yard depth" means the distance between the side lot line and
the nearest side wall of a building on the lot;
(t)
"street" means a street, road, highway or other way designed for the
passage of vehicles and pedestrians and which is accessible by fire
department and other emergency vehicles;
(u)
"street line" means the edge of a street reservation as defined by the
authority having jurisdiction;
(v)
"use" means a building or activity situated on a lot or a development
permitted on a lot;
(w)
"use zone" or "zone" means an area of land including buildings and
water designated on the zoning map to which the uses, standards and
conditions of a particular use zone table apply;
(x)
"variance" means a departure, to a maximum of 10% from the yard,
area, lot coverage, setback, size, height, frontage or any other
numeric requirement of the applicable Use Zone Table of the
authority's regulations; and
(y)
"zoning map" means the map or maps attached to and forming a
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part of the authority's regulations.
(2)
An authority may, in its discretion, determine the uses that may or
may not be developed in a use zone and those uses shall be listed in the
authority's regulations as discretionary, permitted or prohibited uses for that
area.
5. Notice of right to appeal
Where an authority makes a decision that may be appealed under section 42 of the
Act, that authority shall, in writing, at the time of making that decision, notify the
person to whom the decision applies of the
(a)
person's right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
( c)
right of other interested persons to appeal the decision; and
( d)
manner of making an appeal and the address for the filing of the appeal.
6. Appeal requirements
( 1)
The secretary of the board at the Department of Municipal and Provincial
Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700,
St. John's, Nfld., AlB 416 is the secretary to all boards in the province and
an appeal filed with that secretary within the time period referred to in
subsection 42(4) of the Act shall be considered to have been filed with the
appropriate board.
(2)
Notwithstanding subsection (1), where the City of Comer Brook, City of
Mount Pearl or City of St. John's appoints an appeal board under subsection
40(2) of the Act, an appeal shall be filed with the secretary of that appointed
board.
(3)
The fee required under section 44 of the Act shall be paid to the board that
hears the decision being appealed by filing it with the secretary referred to
in subsection (1) or (2) within the 14 days referred to in subsection 42(4) of
the Act.
( 4)
The board that hears the decision being appealed shall, subject to subsection
44(3) of the Act, retain the fee paid to the board.
( 5)
Where an appeal of a decision and the required fee is not received by a board
in accordance with this section and Part VI of the Act, the right to appeal
that decision shall be considered to have been forfeited.
39
7. Appeal registration
(1)
Upon receipt of an appeal and fee as required under the Act and these
regulations, the secretary of the board as referred to in subsections 6(1) and
(2), shall immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall notify
the appropriate authority of the appeal and shall provide to the authority a
copy of the appeal and the documentation related to the appeal.
(3)
Where an authority has been notified of an appeal that authority shall
forward to the appropriate board a copy of the application being appealed,
all correspondence, council minutes, plans and other relevant information
relating to the appeal including the names and addresses of the applicant
and other interested persons of whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the
board shall publish in a newspaper circulated in the area of the appropriate
authority, a notice that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2
weeks before the date upon which the appeal is to be heard by the board.
8. Development prohibited
(1)
Immediately upon notice of the registration of an appeal the appropriate
authority shall ensure that any development upon the property that is the
subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to an authority acting under
subsection ( 1).
(3)
Upon receipt of a notification of the registration of an appeal with respect
to an order under section 102 of the Act, an authority shall not carry out
work related to the matter being appealed.
9. Hearing notice and meetings
(1)
A board shall notify the appellant, applicant, authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal
not fewer than 7 days before the date scheduled for the hearing of the appeal.
(2)
A board may meet as often as is necessary to conduct its work in an
expeditious manner.
10. Hearing of evidence
(1)
A board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under subsection 9(1) or their
representative may appear before the board and make representations with
40
respect to the matter being appealed.
(2)
A board shall hear an appeal in accordance with section 43 of the Act and
these regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a
visit to and viewing of a property shall be considered to have been provided
in the same manner as evidence directly provided at the hearing of the
board.
( 4)
In the conduct of an appeal hearing, the board is not bound by the rules of
evidence.
11. Board decision
A decision of the board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
12. Variances
(1)
Where an approval or permit cannot be given by an authority because a
proposed development does not comply with development standards set out
in development regulations, an authority may, in its discretion, vary the
applicable development standards to a maximum of 10% if, in the
authority's opinion, compliance with the development standards would
prejudice the proper development of the land, building or structure in
question or would be contrary to public interest.
(2)
An authority shall not allow a variance from development standards set out
in development regulations if that variance, when considered together with
other variances made or to be made with respect to the same land, building
or structure, would have a cumulative effect that is greater than a 10%
variance even though the individual variances are separately no more than
10%.
(3)
An authority shall not permit a variance from development standards where
the proposed development would increase the non-conformity of an existing
development.
13. Notice of variance
Where an authority is to consider a proposed variance, that authority shall give
written notice of the proposed variance from development standards to all persons
whose land is in the immediate vicinity of the land that is the subject of the variance.
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14. Residential non-conformity
A residential building or structure referred to in paragraph 108(3)(g) of the Act
must, where being repaired or rebuilt, be repaired or rebuilt in accordance with the
plan and development regulations applicable to that building or structure.
15. Notice and hearings on change of use
Where considering a non conforming building, structure or development under
paragraph 108(3)(d) of the Act and before making a decision to vary an existing
use of that non-conforming building, structure or development, an authority, at the
applicant's expense, shall publish a notice in a newspaper circulating in the area or
by other means give public notice of an application to vary the existing use of a
non-conforming building, structure or development and shall consider any
representations or submissions received in response to that advertisement.
16. Non-conformance with standards
Where a building, structure or development does not meet the development
standards included in development regulations, the building, structure or
development shall not be expanded if the expansion would increase the non-
conformity and an expansion must comply with the development standards
applicable to that building, structure or development.
17. Discontinuance of non-conforming use
An authority may make development regulations providing for a greater period of
time than is provided under subsection 108(2) of the Act with respect to the time
by which a discontinued non-conforming use may resume operation.
18. Delegation of powers
An authority shall, where designating employees to whom a power is to be
delegated under subsection 109(3) of the Act, make that designation in writing.
19. Commencement
These regulations shall be considered to have come into force on January 1, 2001.
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TOWN OF EMBREE
SCHEDULE A
2021 - 2031
Prepared By:
PLAN-TECH
-
ENVIRONMENT
SCHEDULE A - DEFINITIONS
ACCESS means a way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street.
ACCESSORY BUILDING is:
(a)
A detached subordinate building not used as a dwelling, located on the same lot as the main
building or use to which it is accessory, and which has a use which is customarily incidental
or complimentary to the main use of the building or land:
(b)
for residential uses such as domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for domestic
pets, or radio and television antennae,
(c)
for commercial uses such as workshops, garages, and
(d)
for industrial uses such as garages, offices, raised ramps and docks.
ACCESSORY DWELLING UNIT means a separate dwelling unit constructed within and subsidiary to
the main use. The main use shall not be a single dwelling, double dwelling, row dwelling, and
apartment building.
ACCESSORY USE means a use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use.
ACT unless the context indicates otherwise, means the Urban and Rural Planning Act, 2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part for the
purposes of advertisement, announcement or direction; excluding such things employed wholly as a
memorial, or functional advertisement of Councils, or other local authorities, public utilities and
public transport undertakers, and including any boarding or similar structure used or adapted for use
for the display of advertisements.
AGRICULTURE means an agricultural operation that is carried on for personal use, or for
commercial gain and includes:
(a) the clearing, draining, irrigating or cultivation of land,
(b) the raising of livestock, including poultry,
(c) the raising of fur-bearing animals,
(d) the raising of bees,
(e) the production of agricultural field crops,
(f) the production of fruit and vegetables and other specialty horticultural crops,
(g) the production of eggs and milk,
(h) the operation of agricultural machinery and equipment, including irrigation,
(i) storage, use or disposal of organic wastes (manure) for farm purposes, and
(j) any other agricultural activity or process prescribed by Provincial regulation that is carried
on for gain or reward.
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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) 1 horse, cow, steer, bull, mule, donkey, bison, buffalo, pig, fox, or mink including offspring
until weaning,
(b) 3 llama or alpaca including offspring until weaning,
(c) 6 sheep or goats including offspring until weaning,
(d) 10 ostriches, emus or fur bearing animals, excluding fox or mink, including offspring until
weaning,
(e) 20 hens, chickens, turkeys, ducks or geese, or
(f) 100 chicks.
ANTENNA means a system that involves the transmission or receiving of data through radio
waves, air monitoring, weather collection devices or other sources, typically forming part of a
mast or tower which may be several hundred metres tall, either guyed or freestanding. Small
monitoring structures are typically located near the base.
APARTMENT BUILDING means a building containing three or more dwelling units but does not
include a row dwelling or a single dwelling with a subsidiary apartment.
APPLICANT means a person who has applied to Council for approval to carry out development.
APEAL BOARD means the appropriate Appeal Board established under the Act.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic arteries of
the area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map.
APPROVAL IN PRINCIPLE means that Council when considering a development application shall
evaluate the application to the development requirements within the Town. If the proposed
development meets the development requirements of the Town an approval in principle maybe
given to the application. Final approval and issuance of a permit to commence development are
subject to the agreement by the applicant to meet specified conditions as outlined by Council.
AUTHORITY means the Town Council of Embree, authorized administrator or regional authority.
BACKLOT means a lot characterized by the location of the residential lot generally at the rear of
another residential lot, or otherwise separated from the public street which provides access, and
by a narrower area extending from the rear residential lot to the public street.
BED AND BREAKFAST means a detached dwelling occupied by the property owner or the bed and
breakfast host as a primary residence in which overnight accommodation and a breakfast meal
are offered to registered guests for a fee. A Tourist Home shall have the same meaning.
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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.
BUFFER means a berm, row of trees or shrubs, hedge, fence, or distance separation that provides
a barrier between incompatible sites, uses or districts.
BUILDING means:
(a)
a structure, erection, excavation, alteration or improvement placed on, over or under land,
or attached, anchored or moored to land; mobile structures, vehicles and marine vessels
adapted or constructed for residential, commercial, industrial and other similar uses;
(b)
a part of and fixtures on buildings referred to in (a) and (b), and
(c)
an excavation of land whether or not that excavation is associated with the intended or
actual construction of a building or thing referred to in subparagraphs (a) to (c).
BUILDING HEIGHT means the vertical distance, in metres, from established grade to the:
a)
highest point of the roof surface of a flat roof;
b)
deck line of a mansard roof; and
c)
mean height level between the eave and ridge of a gable, hip or gambrel roof.
In any case, a Building Height shall not include mechanical structures, smokestacks, steeples, and
purely ornamental structures above a roof.
X
j
X
BUILDING LINE means a line established by the Council that runs parallel to the street line and is
set at the closest point to a street that a building may be placed. A corner lot is deemed to have
a building line setback on both the primary and flanking streets.
CHILD CARE FACILITY means a building or part of a building in which services and care are regularly
provided to children or adults but does not include a school as defined by the Schools Act.
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.
CORNER LOT means a lot deemed to have street frontages on both a primary and a flanking
(secondary) street.
45
CORNER LOT SIGHT TRIANGLE means a corner lot, a fence, sign, hedge, shrub, bush or tree or any
other structure or vegetation shall not be erected or permitted to grow to a height greater than
1 metre above grade of the streets that abut the lot within the triangular area included within the
street lines for a distance of 6 metres from the point of intersection.
COUNCIL means the Municipal Council of the Town of Embree.
DEVELOPMENT means the carrying out of building, engineering, mining or other operations in, on,
over, or under land, or the making of a material change in the use, or the intensity of use of land,
buildings, or premises and the:
(a)
making of an access onto a highway, road or way,
(b)
erection of an advertisement or sign,
(c)
construction of a building,
(d)
the parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as
an office, or for living accommodation, and excludes,
(e)
the carrying out of works for the maintenance, improvement or other alteration of a
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building,
(f)
the carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the road
reservation,
(g)
the carrying out by a local authority or statutory undertaker of works for the purpose of
inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus,
including the breaking open of streets or other land for that purpose,
(h)
the use of a building or land within the courtyard of a dwelling house for a purpose
incidental to the enjoyment of a dwelling house as a dwelling.
DEVELOPMENT AGREEMENT means a written agreement between the municipality and a
developer which establishes particular circumstances and conditions under which a development
may be carried out.
DEVELOPMENT REGULATIONS means Regulations and by-laws respecting development that have
been enacted by Council.
DISCRETIONARY USE means a use that is listed within the discretionary use classes established in
the use zone tables of the Council's Development Regulations.
DOUBLE DWELLING means one building containing two dwelling units, placed one above the other,
side by side, or joined by a carport with separate lot areas dedicated to each unit, but does not include
a single dwelling containing a subsidiary apartment.
DRIVEWAY means a private road for vehicles that connects a house, garage, or other building with a
public road.
-
46
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used or
designed as the living quarters for one or more persons.
ENGINEER means an engineer who is a member of the Association of Professional Engineers and
Geoscientists of Newfoundland, employed or retained by the Council.
ESTABLISHED BUILDING LINE means the average distance from the street line of existing buildings
in any block where more than half the frontage has been built upon in
the past.
ESTABLISHED GRADE means:
a)
where used in reference to a building, the average elevation of
the finished surface of the ground where it meets the exterior
of the front of that building exclusive of any artificial
embankment or entrenchment;
b)
where used in reference to a structure that is not a building, the
average elevation of the finished grade of the ground
immediately surrounding the structure, exclusive of any
artificial embankment or entrenchment.
a = highest elevation
b = lowest elevation
c = established grade
FAMILY CHILD CARE USE means a building or part of a building in which services and activities are
regularly provided for up to six (6) children as defined in the Child Care Services Act, but do not include
a school as defined by the Schools Act.
FLANKING STREET means the secondary street bordering a corner lot.
FLOODWAY means the inner portion of a flood risk area where the risk of flood is greatest, on
average once in twenty years and where the flood depths and water velocities are greatest.
FLOODWAY FRINGE means the outer portion of a flood risk area, between the floodway and the
outer boundary of the flood risk area, where the risk of flooding is lower, on average once in one
hundred years, and flood waters are shallower and slower.
FLOOD PROOFING means structural and/or non-structural measures incorporated in the design
of a building or structure which reduce or eliminate the risk of flood damage by ensuring that the
ground floor elevation is higher than the projected flood level and that the building can be exited
without hindrance in the event of a flood.
FLOOR AREA means the total area of all floors of a building measured to the outside face of exterior
walls.
FORESTRY means the use of land for the purpose of forest and woodland management including the
felling, cutting, trimming and thinning of forest or woodland for the extraction of timber, and includes
reforestation and silviculture.
47
FRONTAGE means the horizontal distance between side lot lines measured at the building line.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front 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.
GENERAL GARAGE means land or buildings used for the repair, maintenance and storage of motor
vehicles and may include the sale of petroleum products.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, preparing, processing, testing, salvaging, breaking up,
demolishing, or treating any article, commodity or substance, and "Industry" shall be construed
accordingly.
GROUP CHILD CARE USE means a building or part of a building in which services and activities are
regularly provided for seven (7) or more children as defined in the Child Care Services Act, but do not
include a school as defined by the Schools Act.
GROUP HOME means a dwelling unit accommodating not more than 6 persons, exclusive of staff, in
a home-like setting where staff provide care and supervision. This definition includes, but is not
limited to, the facilities called "Transition House" and "Foster Home".
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes involving the use
of materials or processes, which because of their inherent characteristics constitute a special fire,
explosion, radiation or other hazard.
HOME OCCUPATION means a secondary use of a dwelling unit or its accessory building by at least
one of the residents of such dwelling unit to conduct a gainful occupation or business activity, and
subsidiary to a residential use. Also referred to as a "Home based Business" and classified as an
"Office" use.
HOME OFFICE means a secondary use of a dwelling unit by at least one of the residents of such
dwelling unit to conduct a gainful occupation or business activity with such occupation or business
activity being restricted to office uses which do not involve visitation by clients, customers, or the
general public to the site, nor the employment of non-residents, and subsidiary to a residential use.
Also referred to as a "Home Based Business" and classified as an "Office" use.
HOBBY FARMING: means a small-scale farm plot or kitchen garden or barn associated with a
residence for bee keeping, growing root crops or keeping of livestock without being a primary
source of income. Livestock on a hobby farm shall be limited to one animal unit.
48
HOSPITALITY HOME means a dwelling unit in which at least 1 room is regularly rented, and includes
the uses commonly referred to as "Bed and Breakfast", and "Boarding House".
INFILL LOT means a typical empty lot between existing dwellings on a residential street. An infill lot
may also mean land available between existing buildings.
INSPECTOR means a person appointed as an inspector by the Council.
LAND includes land covered by water, and buildings and structures on, over, or under the soil and
fixtures that form part of those buildings and structures.
LANDSCAPING means the development of land by altering the topography and ground cover and
may include the use of turf, plants, shrubs, trees, retaining walls and fences.
LANDSCAPE PLAN means a two-dimensional scaled concept plan showing the land or lot boundaries
which would include proposed development of the land by using turf, plants, shrubs, trees, retaining
walls and fences for aesthetic or practical purposes. A Landscape Plan may include, but not limited
to, the arrangement or modifying land features, such as tree retention or planting, garden edging or
retaining, planting, screening, fencing or earthwork (alteration or drainage).
LIGHT INDUSTRY means the use of land or buildings for 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 OPERATION means a livestock operation of agricultural animals confined in one
location which consists of 5 or more animal units at a given point in time.
LOCAL STREET means a street designed primarily to provide access to adjoining land and which is
not designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map.
LOT means a plot, tract or parcel of land that can be considered as a unit of land for a particular use
or building.
LOT AREA means the total horizontal area within the lines of a lot.
49
LOT COVERAGE means the combined area of all buildings on a lot measured at the
level of the lowest floor above the established grade and expressed as a percentage of
the total
area ofthe lot.
Lot coverage = Area of A + Area of B
Lot area
- ----------------~·
I
_ _ ___ _ ____ _ ____ ___ J_
LOT FRONTAGE means the horizontal distance between
side lot lines measured at the building line (the distance
between points A and Bin illustration at right).
LOT LINE, REAR means the lot line on the opposite
side of the front lot line.
LOT LINE, SIDE means the lot lines perpendicular to
the front and rear lot lines.
LOT LINE, FLANKING means a lot line which abuts the
street on a corner lot.
-··········· · -- --·~-------- ----· rear lot line -------·---- -- -· -- ·· ------ ..
A:
-----+--building line
A,/
MINERAL EXPLORATION means the process of exploring for and finding commercially viable
concentrations of minerals and ores to mine. Mineral exploration may or may not be a
development under the definition of the Urban and Rural Planning Act, 2000 (the Act); therefore,
in the use zones, the 'mineral exploration (non-development)' is differentiated from 'mineral
development' which would be mineral development that constitutes a development under the
Act.
MINERAL WORKING means land or buildings used for the working, stockpiling or extraction of rock,
mineral, peat or aggregate material, and will include a "quarry".
MINI HOME means a factory produced single dwelling complying with the National Building Code
and having the appearance of a mobile home.
MINISTER shall mean the Minister of Municipal Affairs and Environment, unless otherwise specified.
MOBILE HOME is a transportable factory-built single-family dwelling unit:
(a)
which complies with space standards substantially equal to those laid down in the National
Building Code 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:
50
(i)
transported on its own wheels and chassis to a mobile home lot, and subsequently
supported on its own wheels, jacks, posts or piers, or on a permanent foundation
and;
(ii)
connected to exterior public utilities approved by the Authority, namely, piped
water, piped sewer, electricity and telephone, in order for such mobile home unit to
be suitable for year-round term occupancy.
MODULAR HOME means a residential dwelling built in modules in a factory complete with
kitchen, bedrooms, bath, etc., as may be pre-set in a house and transported to the building site
for joining and placement on a foundation. Modular home construction shall conform to the
National Building Code and the Town of Embree Development Regulations.
MUNICIPAL PLAN means a plan adopted by the Council as a Municipal Plan pursuant to the Urban
and Rural Planning Act, 2000.
NON-CONFORMING USE means a legally existing use that is not listed as a permitted use or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone.
OWNER means a person or an organization or persons owning or having legal right to use the land
under consideration.
DEVELOPMENT PERMIT means the general term referring to all permits or licenses approved by
Council and shall include all conditions, agreements or provisions attached thereto.
PERMITTED USE means a use that is listed within the permitted use classes set out in the use zone
tables of these Development Regulations.
PLANNING AREA means a regional planning area and a municipal planning area established under
section 6 and 11 of the Act. For the purpose and context of these regulations, the Planning Area shall
mean the area within the municipal boundaries of the Town of Embree.
PRIMARY STREET means the street on which a development fronts and is referenced in the civic
address.
PROHIBITED USE means a use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that Council specifies as not permitted within a use zone.
PUBLIC STREET means a main road or thoroughfare owned and maintained by the Authority, such as
a provincial highway or local street, available to the public for pedestrian use or vehicular
transportation.
REAR YARD DEPTH means the mean distance between the rear lot line and the rear of the main
building on the lot.
51
RESTAURANT means a building or part of a building, licensed for the purpose of serving meals and
includes a "Snack Bar".
ROW DWELLING means three or more dwelling units at ground level in one building, each unit
separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal or
recreational use and is not intended for use as permanent living quarters.
SCREENING means a fence, berm, trees, hedge, wall or building used to separate areas or
functions which detract from the appearance of the streetscape and the view from the
surrounding areas.
SERVICE STATION means a building, including gas pumps, used for the sale of petroleum products,
and may include general merchandise, minor automotive repairs, and washing of vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the purpose
of limiting direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary purpose is the
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 retail stores with integrated parking which is planned,
developed and designed as a unit containing a minimum of 5 retail establishments.
SHOWROOM means a building or part of a building in which samples or patterns are displayed and
in which orders may be taken for goods, wares or merchandise, including vehicles and equipment,
for later delivery.
SIDEYARD WIDTH means the distance between a side lot line and the nearest side wall of a building
on the lot.
SIGN means a word, letter, model, placard, board, device or representation, whether illuminated or
not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement,
or direction and excludes those things employed wholly as a memorial, advertisements or local
government, utilities and boarding or similar structures used for the display of advertisements.
SINGLE DWELLING means one building containing a single dwelling unit for the use of one family,
placed on its own lot, and can include a subsidiary apartment.
SITE PERMIT means a permit issued by the Town of Embree for any earth disturbance or other
earthwork incl uding, but not limited to, clearing and grubbing, grading, excavations,
52
embankments, land development, road maintenance, and the moving, depositing, stockpiling or
storing of soil, rock, or earth materials.
STREET means a street, road, highway or other way designed for the passage of vehicles and
pedestrians, and which is accessible by fire department and other emergency vehicles.
STREET LINE means the edge of the right of way of a street
reservation as defined by the authority having jurisdiction.
STREET RESERVATION means an area determined by Council that
is reserved for a street, a future street or future street
improvements.
SUBDIVISION means the dividing of land, whether in single or joint
ownership, into 2 or more pieces (including lots), for the purpose
of development.
I
L
street
+---,.- street reservation
street line
stroct line
SUBDIVISION (RESIDENTIAL) means a concept proposal to subdivide property into building lots.
It generally shows topographic information, natural features, such as rivers and vegetation, and
the proposed lots and streets.
It typically involves the construction of new streets and
infrastructure for public use and may require a development agreement.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary to a
single dwelling.
TEMPORARY WORKER'S HOUSING means temporary worker accommodations limited to the
duration of a specific project for a short duration and located in an area buffered from other uses
within the zone. Temporary site infrastructure shall include water supply and sewage disposal
and eventually the site shall be reclaimed to its original condition. Examples are mobile homes,
and modular homes, portable units for workers quarters.
TAKE-OUT FOOD means a building in which the primary purpose is the preparation and sale of meals
and refreshments for consumption off the premises.
USE means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE means an area of land including buildings and water designated on the zoning
map to which the uses, standards and conditions of a particular use zone table apply.
VARIANCE means a departure, to a maximum of 10% from t he yard, area, lot coverage, setback, size,
height, frontage, or any other numeric requirement of the applicable use zone table of the Council's
regulations.
YARD means an open uncovered space on a lot appurtenant to a building (except a court) and
unoccupied by buildings or structures except as specifically permitted elsewhere in these
53
Regulations.
YARD, REAR means the distance between the rear lot line and the rear wall of the main building
on a lot.
YARD, SIDE means the distance between the side lot line and the nearest side wall of a building
on the lot.
YARD, FRONT means the distance between the front lot line of a lot and the front wall ofthe main
building on the lot.
YARD, FLANKING means the side yard of a corner lot which side yard extends from the front yard
to the rear yard between the flanking lot line and the nearest main wall of any main building or
structure
YARD, ABUTTING means the yard of an abutting lot which shares a lot line of subject property.
(see diagram)
' ·
A = Front Yard
B = Rear Yard
C = Side Yard
D = Flanking Yard
E = Bui/dab/e Area
F = Abuttin_q Yard
' ·, .<;;)
' ·, ·, ·,
' ·,
·c.., .....
·,
·, .v _,....
· ........
, .
, ·
·, ·, .
' · ' ·
ZONING MAP means the map or maps attached to and forming part of the Town of Embree
Development Regulations.
54
TOWN OF EMBREE
SCHEDULE B
2021 - 2031
Prepared By:
PLAN-TECH
-
ENVIRONMENT
SCHEDULE B: CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A.
1. Assembly Uses
(a) Theatre
Motion Picture Theatres
ASSEMBLY
for the
T.V. Studios admitting an audience.
USES
production &
viewing of the
performing arts.
2.
(a) Cultural and
Libraries
General
Civic
Museums
Art Galleries
Assembly Uses
Court Rooms
Meeting Rooms
Council Chambers
(b) General
Community Halls, Lodge Halls, Dance
Assembly
Halls, Gymnasia, Auditoria
Bowling Alleys
(c) Educational
Schools
Colleges (non- residential)
(d) Place of
Churches and similar places of worship.
Worship
And Church Halls
(e) Passenger
Passenger Terminals
Assembly
(f) Club and
Private Clubs and
Lodge
Lodges (non-residential)
(g) Catering
Restaurants, Bars, Lounges
(h) Funeral Home
Funeral Homes and Chapels
(i) Child Care
Day Care Centres
(j) Amusement
Electronic Games Arcades
Pinball Parlours
Poolrooms
55
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
(a) Indoor
Arenas
3. Arena-type
Armouries
USES
Uses
Assembly
Ice Rinks
(continued)
Indoor Swimming Pools
Gymnasium
Community/Fitness Centre
(a) Outdoor
Bleachers
4. Open-air
Grandstands
Assembly Uses
Assembly
Outdoor Ice Rinks
Outdoor Concert Area
Swimming Pools
Amusement Parks
Fair-grounds/Exhibition Grounds
Splash Pad
Playground
Outdoor Play Courts
Camping Grounds
R. V. Camping Parks
B. INSTITU-
1. Penal and
(a) Penal and
Jails, Penitentiaries, Prisons
Police Stations (with detention quarters)
TIONAL
Correctional
Correctional
Psychiatric Hospitals (with
USES
Institutional
Detention
detention quarters)
Uses
Reformatories
(a) Medical
Children's Homes
2. Special Care
Convalescent Homes
I nstitutiona I
Treatment
and
Homes for Aged
Uses
Special
Care
Hospitals
Infirmaries
Orphanages
Psychiatric
Hospitals
Sanatoria
C. RESIDENTIAL
1. Residential
(a) Single
Single Detached Dwellings
USES
Dwelling
Dwelling
Family & Group Homes
Uses
(b) Double
Semi-detached Dwelling
Dwelling
Duplex Dwellings
Family & Group Homes
In-Law Suites
(c) Row
Row Houses
Town Houses
Dwelling
Family & Group Homes
56
Ct
GROUP
DIVISION
CLASS
EXAMPLES
(d) Apartment
Apartments
Family & Group Homes
Building
C. RESIDENTIAL
2. General
(a) Collective
Residential
USES
Residential Uses
Residential
Colleges & Schools
(continued)
(continued)
University & College Halls
of Residence
Convents & Monasteries
Nurses and Hospital Residences
(b) Boarding
Boarding Houses
House Residential
Lodging Houses
Bed and Breakfast
Hospitality Home
(c) Commercial
Hotels & Motels
Residential
Hostels
Residential Clubs
(d) Seasonal
Summer Homes & Cabins
Residential
Hunting & Fishing Cabins
(e) Mobile Homes
Mobile Homes
D. BUSINESS
1. Business,
(a) Office
Offices (including Government Offices)
& PERSONAL
Professional, and
Banks
SERVICE
Personal
(b) Medical &
Medical Offices and Consulting Rooms,
USES
Service Uses
Professional
Dental Offices & Surgeries
Legal Offices
Similar Professional Offices
(c) Personal
Barbers
Service
Hairdressers, Beauty Parlours
Small Appliance Repairs
Pet Grooming
(d) General
Self-service Laundries
Service
Dry Cleaners (not using flammable or
explosive substances)
Small Tool and Appliance Rentals
Travel Agents
D. BUSINESS &
1. Business,
(e) Communica-
Radio Station, Telephone Exchanges
PERSONAL
Professional
tions
57
GROUP
DIVISION
CLASS
EXAMPLES
SERVICE USES
& Personal
(f) Police Station
(continued)
Service Uses
Police Stations
(continued)
(g) Taxi Stand
Taxi Stands
(h) Take-out
Take-out Food Service
Food Service
(i) Veterinary
Veterinary Surgeries
E. MERCANTILE
1. Retail Sale and
(a) Shopping
Shopping Centres
USES
Display Uses
Centre
(b) Shop
Retail Shops, Stores, Showrooms
Department Stores
(c) Indoor Market
Market Halls
Auction Halls
(d) Outdoor
Market Grounds
Market
Animal Markets
Produce and Fruit Stands
Fish Stalls
Sale of Firewood
Sale of Garbage Box
Sale of New or Used Automobiles
(e) Convenience
Confectionary Stores
Store
Corner Stores
Gift Shops
Specialty Shops
INDUSTRIAL
1. Industrial uses
(a) Hazardous
Bulk Storage of hazardous
USES
involving highly
Industry
liquids and substances.
combustible and
Chemical Plants
hazardous
Distilleries
substances and
Feed Mills
processes.
Lacquer, Mattress, Paint, Varnish, and
Rubber Factories
Spray Painting
58
GROUP
DIVISION
CLASS
EXAMPLES
2. General
(a) General
Factories
Industrial Uses
Industry
Cold Storage Plants
involving Limited
Freight Depots
Hazardous Sub-
General Garages
stances and
Warehouses
Processes.
Workshops
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
Outdoor Storage
Heavy Equipment Storage
Temporary Workers Housing
(b) Service
Gasoline Service Stations
Station
Gas Bars
(c) Rural Industrial
Industrial uses associated with rural
activities, such as equipment storage and
repair
3. Light, Non-
(a) Light
Light Industry
hazardous or
Industry
Parking Garages
Non-intrusive
Indoor Storage
Industrial Uses.
Warehouses and Workshops
G. NON-BUILDING
(a) Agriculture
Commercial Farms
USES
Hobby Farms
Uses not directly related to
Market Gardens & Nurseries
building.
(b) Forestry
Tree Nurseries, Silviculture
(c) Mineral
Quarries and Pits
Working
Mines
Oil Wells
(d) Recreational
Playing Fields
Open Space
Sports Grounds
Parks
Playgrounds
59
GROUP
I
DIVISION
CLASS
EXAMPLES
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural, Historical &Scenic Sites
Steep Slopes
Wildlife Sanctuaries
(f) Cemetery
Cemeteries and Graveyards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
(h) Wind Power
Wind Turbine(s)
Uses not directly related to
(i) Solid Waste
Solid Waste Disposal
building.
Sanitary Land Fill
Incinerators
(j) Animal
Animal Pounds
Kennels
Zoos
Dog Grooming
(k) Antenna
TV, Radio and Communications
\,
Transmitting, Receiving Masts and
Antennae
(I) Transportation
Airfields
Railway Yards
Docks and Harbours
(m) Sewerage
Sewerage Treatment Plant
Sewerage Outfall
treatment
60
WELCOME
- .. -
TO
·, -..
EMBREE
POP m
{Ul\1. .
nl\11 \IUCK OlJI K)l
TOWN OF EMBREE
SCHEDULE C
2021 - 2031
Prepared By:
PLAN-TECH
-
ENVIRONMENT
TOWN OF EMBREE
SCHEDULE C: USE ZONES AND USE ZONE TABLES
STANDARD CONDITIONS FOR ALL USE ZONES
The following conditions shall apply to all use zones listed under these Development Regulations.
1. General Development Regulations
An Approval in Principle or a Development Permit shall not be issued until the
development application has been reviewed for compliance with the General
Development Regulations, Parts 1-V.
2. Interpretation of Zone Boundaries
Where possible the boundaries of the use zones follow identified features such as streets,
fences, watercourses, transmission lines, or lot lines. Where there is any uncertainty,
contradiction, or conflict concerning the intended location of a zoning boundary, the
Authority shall interpret the exact location of the zoning boundary in a manner that is
consistent with the intent and policies of the Municipal Plan without amendment to the
Land Use Zoning Map.
3. Discretionary Uses
The discretionary uses listed in the use zone tables may be permitted at the discretion of
Council, provided that they are complimentary to uses within the permitted use class, or
that their development will not inhibit or prejudice the existence or the development of
such uses. Reference should be made to the General Development Standards.
4. Referrals/ Approvals by Provincial and Federal Government Agencies and Departments
Prior to the issuance of a development permit for the foregoing developments, approvals must
be obtained from the various agencies noted below:
4.1 Agriculture and Farming
Approvals must be obtained from the Land Resource Stewardship Division for any
commercial farming operation. Service NL must approve all manure systems.
4.2 Crown Land
Approvals must be obtained from the Crown Lands Administration Division.
Applications are made to the Central Regional Lands Office, Fraser Mall, Gander.
4.3 On-Site Services (Well and Sub-Service Systems)
Approvals involving installation of on-site water and sewer systems must be
obtained from Service NL.
4.4 Environmental Investigations
61
Approvals for any development that may have an environmental impact must be
referred to Environmental Investigations, Service NL, and/or the Pollution Preventions
Division.
4.5 Forestry
Permits for commercial and domestic woodcutting or other forestry related activit ies
must be obtained from the Forest Service, Management Unit 8, Lewisporte.
Clearing for a subdivision development shall be done in a manner that permits domestic
forest harvesters an opportunity to harvest the area prior to developer, or alternatively,
Council requires the developer to stack cleared timber for domestic harvesters to utilize.
4.6 Mineral Workings, Mining and Mineral Exploration
Approvals and permits involving mining and quarrying and other development proposed
to take place within 50 metres of a reserved sand or gravel pit or quarry; within 300
metres of an operational sand or gravel pit or quarry; or within 1000 meters of a quarry
in which blasting may take placemust be obtained from the Mineral Lands Division.
Minimum Buffer Distance of Pit and Quarry Workings
From:
a.
Existing or proposed Residential Development:
- where no blasting is involved ... 300 metres
- where blasting is involved ....... 1000 metres
b.
Any other developed area or area likely to be developed during the life of the
pit or quarry working ................... 150 metres
Public highway or street... .............. 50 metres
Waterbody or watercourse ............ 50 metres
Note: where a minimum required distance was originally observed when choosing the
location of the quarry, quarrying should not be discontinued or impeded where the buffer
is reduced to less than the required distance due to encroachment of development
towards the quarry.
4. 7 Archaeology Discovery
During site excavation any artifacts or physical structures found of a historical nature shall
be reported to the Provincial Archaeology Office. The Provincial Archaeology Office
wishes for all construction plans to be forwarded to their office for review of potential
archaeology interest.
4.8 Waterways
Any development within a body of water involving alteration of a body of water must be
approved or exempted by the following agencies:
4.9 Municipal Environment, Climate Change and Municipalities
62
Water Resources Management Division - for any development within fifteen (15) metres
of a body of water or the defined high water mark of a body.
4.10 Federal
-
Department of Fisheries and Oceans
o
Coast Guard Canada - Navigable Waters Act.
o
Fish Habitat Division
5. Development Over Easements
No permanent building shall be constructed over any known easement, whether that easement
has been assigned to the Town of Embree, a department of the provincial or federal government,
or any utility company (i.e., Newfoundland Power, telephone, cable television, Crown land).
Permanent buildings include, but are not limited to, all dwellings and accessory buildings.
6. Conservation of Natural Environment and Aesthetic Areas
Council may require agreements with developers and property owners aimed at preserving
sensitive environmental areas and natural scenic areas. These areas may include sensitive
vegetation, fish habitat, or water quality. Such agreements may include provisions such as
designating of local conservation areas, maintenance of tree cover and maintenance of tree cover
along rear yards, rivers, streams and shorelines.
To protect wildlife habitat, Council will consider retaining a minimum forest area during clearing
for development as well as a 30 m buffer along waterbodies to conserve riparian habitat. The
Wildlife Division also recommends that clearing occurs outside of May 1 to July 31 in order to
reduce interference with nesting birds.
7. Shoreline Buffers and Setbacks from Cliffs
Generally, no development will be permitted within 15 metres of rivers or streams, or shoreline
of lakes and ponds and areas below 2 m from sea level are not to be developed. Certain public
works and passive recreational open space uses may be permitted as long as they will not be
detrimental to the environmental and aesthetic quality of the area. Development of these areas
will be subject to the approval of the federal Department of Fisheries and Oceans, and/or the
provincial Department of Environment, Climate Change and Municipalities.
The Geological Survey Branch also recommends a setback of 30 m from the top of any cliff.
8. Transmission Lines and Power Corridor Easements
Transmission lines and power corridor easements shall be permitted in all land use zones.
9. Transportation Uses
Transportation uses such as roads associated with the construction and maintenance of
transmission lines and power lines and other permitted or discretionary uses associated within
the land use zone shall be at the discretion of Council.
10. Land Use Zones
63
The schedule contains tables for the following Use Zones:
LAND USE ZONE
ABBREVIATION
RESIDENTIAL
RES
RESIDENTIAL SEASONAL
RS
RESIDENTIAL-COMPREHENSIVE DEVELOPMENT AREA
R-CDA
COMMERCIAL
COM
INDUSTRIAL
IND
PUBLIC BUILDINGS
PB
OPEN SPACE/RECREATION
OS/R
CONSERVATION
CON
PROTECTED WATERSHED
PW
RURAL
RUR
64
RESIDENTIAL ZONE
RESIDENTIAL (RES) - Use Zone Table
PERMITTED USE CLASSES - (see Regulation 89)
Single dwelling, double dwelling, mineral exploration (non-development), and recreational
open space.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Row dwelling, apartment, mobile home, mini home and modular home, place of worship,
educational, convenience store, child care, office, medical and professional, personal and
professional service, boarding house residential (bed and breakfast), special care institutional
uses (home for the aged and seniors living only), utilities, antenna, catering.
Dwelling
APARTMENT BUILDING
STANDARDS
Single
Double
Row
(#bedrooms)
1
2
3
4
MINIMUM
Lot area (m 2)
450
390*
270*
300*
400*
450*
500*
(average)
Floor area (m2 )
***
80*
65*
50*
60*
70*
80*
Frontage (m) minimum
Fully Serviced
20
15*
12*
36
(average)
One Service-Piped water or
30
***
***
***
Off-site Sewage Disposal
On-Site Services
30
***
***
***
Building Line (m)
8
8
8
8
Sideyard Width (m)
3
3
3
5
Rearyard Depth (m)
9
9
9
14
MAXIMUM
Lot Coverage(%)
40
40**
40**
33**
Height (m)
9
9
10
10
*
Per dwelling unit
** With Town Water and Sewer
*** Discretion of Council
65
CONDITIONS FOR RESIDENTIAL ZONE
1.
Subsidiary Apartments
(a)
One subsidiary apartment may be permitted in a single dwelling.
(b)
For the purpose of calculating lot area and yard requirements, the apartment shall be
considered part of the single dwelling.
(c)
A minimum of one additional off-street parking spaces shall be required for the apartment
or more at the discretion of Council.
(d)
The minimum floor area required is 40m 2 for a one-bedroom subsidiary apartment, plus
10m2 for each additional bedroom.
(e)
For lots without municipal water and sewer services, the Service NL shall determine water
and sewerage disposal requirements and a permit will be issued subject to its approval.
2.
Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have two street
frontages and shall be required to maintain the minimum building line setback on both the
primary and flanking streets as prescribed in the use zone table.
3.
Discretionary Uses Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are compatible or complementary to uses within the permitted use classes or
that their development will not inhibit or prejudice the existence or the development of such uses.
4.
Dwelling Frontage
The front wall of a dwelling shall be parallel to the street on which it is fronting and has a civic
number.
5.
Special Care and Institutional Uses
(a)
Special Care and Institutional Uses shall only be permitted at the discretion of Council.
(b)
Special Care and Institutional Uses shall be limited to apartment style residence, cottage,
or duplex style buildings for independent seniors living and homes for the aged.
(c)
Off street parking space shall be provided at the discretion of Council; however, a
minimum of one parking space for every four (4) for every dwelling units is required.
(d)
development shall be designed and maintained to a high standard with regard to safety
and appearance.
(e)
Access points to the street shall be limited in number and designed for maximum safety
of pedestrians and vehicles.
(f)
Where necessary, screening shall be required through the provision of trees, shrubs,
berms, landscaping or fencing between uses that are non-compatible.
66
6.
Accessory Buildings
(a)
The size of an accessory building shall be determined at the discretion of Council.
(b)
Accessory buildings shall be located on the same lot as the residential dwelling and shall
be complementary to the main use of the residential dwelling in character, use, style and
exterior finish.
(c)
Accessory buildings shall be located so as to minimize any visual impacts on adjoining
properties and neighbourhood.
(d)
Accessory buildings shall have a maximum height of 5 metres
(e)
An Accessory building may only be located in front of a building line at the discretion of
Council after consultation has taken place with neighbouring property owners.
(f)
Accessory buildings shall be a minimum of 3 metres from any building and shall have the
same sideyard as described in this Land Use Zone Table and shall be a minimum of 1 metre
from the rear yard boundary.
(g)
Residential lots may have more than one accessory building provided that the maximum
combined floor area of all buildings shall not be greater than the maximum area as set out
in the General Development Regulations and this Land Use Zone Table.
(h)
Accessory buildings shall be strictly prohibited for use as performing motor vehicle or
heavy equipment repairs, auto painting, dismantling or scrapping of vehicles or other
machinery.
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 shall
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 shall exceed 1.0 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
8.
Advertisements Relating to Offsite Uses
The conditions for 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:
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(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be located within
a reasonable distance of, and only show thereon the name and nature of the distance or
direction to, the premises to which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of streets, the location
of street junctions and nearby buildings, and amenities of the surrounding area.
9.
Place of Worship and Educational Use
Where permitted, a place of worship and an educational use shall conform to the frontage,
building line setback, sideyard, rearyard, lot coverage and height requirements specified for a
single dwelling.
10.
Convenience Store
Convenience stores will only be permitted as a discretionary use under the following conditions:
(a)
Convenience Store may form part of the residential dwelling or be a stand-alone building.
(b)
The retail use shall be subsidiary to the residential character of the area and shall not
affect residential amenities of adjoining properties.
(c)
Adequate provision for onsite parking, loading, buffering and landscaping.
11.
Catering
Catering uses shall be permitted as a discretionary use within the Residential land use zone and
shall be subject to the following conditions:
a)
Catering uses shall be a minor use and be located within the permitted use building;
b)
Catering uses shall be limited to small restaurant and coffee shops;
c)
Provision for off-street parking shall be required as per Schedule D of these Regulations;
and
d)
The development and operation of the catering use shall be as specified by Council and
subject to the condit ions as outlined in the Development Permit issued by Council.
12.
Home Businesses - Office, Medical and Professional Service, Personal Service, and Light
Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling consisting of an
occupation or profession which generates revenue for the resident.
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Office, medical and professional service, personal service, and light industry uses may be
permitted provided they are carried out as home occupations. Businesses operating in the
dwelling, or in a building subsidiary to the dwelling on the same lot, by the occupants of the
dwelling, shall meet the following requirements.
(a)
Office uses shall be limited to small business services and professional offices;
(b)
The use is clearly subsidiary to the residential use, does not alter the residential character
of the dwelling unit, and does not detract from the residential character of the neighbour-
hood.
(c)
No wholesale sales or storage of goods is carried out, any retail sales are incidental and
subsidiary to the approved use, no repairs to vehicles or heavy equipment are carried out.
(d)
Activities associated with the use are not hazardous and do not cause noticeable noise,
odour, dust, fumes, or inconvenience to occupants of adjoining residences.
(e)
Activities associated with the use shall be carried on inside the dwelling or in a building
separate from the dwelling.
(f)
One building only, separate from the dwelling, may be used in connection with a service
use and shall conform to the Accessory Buildings condition height and floor area limit for
this zone; child care use shall be carried out in the dwelling unit or be attached to the
dwelling unit.
(g)
Except for child care, no more than 30% of the total floor area of the dwelling is devoted
to the use.
(h)
The use shall not generate traffic, parking, sewage or water use in excess of what is normal
in the residential area.
(i)
Activities associated with the use are not hazardous and do not cause a noticeable
increase in noise, odour, dust or fumes, nor cause electrical interference or in any other
way result in a nuisance to the occupants of surrounding residences.
(j)
The residential lot has sufficient area to accommodate the parking requirements of the
dwelling unit and the home occupation.
(k)
No regular parking of commercial vehicles except for one vehicle with a gross weight of
no greater than one tonne will be permitted on the lot or on the road reservation adjacent
to the lot.
13. Child Care
A child care operation, in which services are regularly provided to seven or more children, is
subject to the following conditions:
(a)
The operation is in accordance with all applicable provincial laws and regulations.
(b)
A limit of one day care or day nursery will be permitted on any street.
(c)
The use will not occupy more than 70 m2 or 40% of the floor area, whichever is less.
(d)
Provision for off-street parking will be required as per the off-street parking requirements
of these Regulations.
(e)
The drop-off and pick-up of children will not interfere with the free flow of vehicular
traffic.
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(f)
The use is not located adjacent to or near hazardous, dangerous, or incompatible uses.
These include, but are not limited to, heavy industrial uses, service stations, garages, night
clubs, and amusement uses.
14.
Boarding House Residential/Bed and Breakfast
A boarding or lodging house is permitted in any dwelling that can adequately accommodate the
specified number of persons. The total number of boarders or lodgers shall not exceed (5)
persons.
A bed and breakfast use in a dwelling may be permitted as a discretionary use to provide room
and board for tourists or the travelling public, under the following conditions:
(a)
the use does not detract from the residential character of the neighbourhood;
(b)
the use is carried out by a resident/owner of the dwelling unit;
(c)
the dwelling in which the Bed and Breakfast use is carried out is similar in exterior finish,
design, height, and scale to a private residential dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or hedge;
(f)
the maximum number of guest rooms shall be five (5), and
(g)
the establishment shall be licensed under the Tourist Establishment Regulations, as
amended from time to time.
15.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high-water mark of rivers or streams,
or within 15 metres of the shoreline of ponds, with the exception of conservation structures such
as those designed to control flooding and erosion as well as bridges, pathways, and public services.
Development of marine or water related uses such as wharfs, slipways, boathouse, etc. may be
permitted. All development occurring within these limits is subject to the approval of Council and
the Department of Environment, Climate Change and Municipalities.
16.
Backlot Development
Where vacant parcels of land exist, which have access to a public street and are of sufficient size
for a building lot, but which do not have the required frontage on a publicly maintained street,
the land parcel may be considered on a discretionary basis provided the following conditions are
met:
(a) the maximum setback for front lot line or side lot line (depending on lot orientation) from a public
street shall be a minimum of 40 metres and a maximum of 100 metres from a public street. The
minimum lot area and all other development standards shall be the same as for other residential
development in this zone;
(a) only single dwellings may be permitted;
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(b) lots must have direct access to a public street;
(c) the development of the lot would not prevent the use of adjoining lands for future development.
Where there is potential for additional development in the area, the lot and access shall be
developed in a manner which will accommodate future development. As such, the access to the
public street to which the owner must have clear title, shall be a minimum width of 15 m to
accommodate future public use;
(d) where there is no potential for future backland development which would necessitate access by a
municipal street, the backlot access to the public street shall be a minimum of 6 m in width and
shall be treated as a private driveway; which the owner must have clear title;
(e) the dwelling is separated from, and oriented, in a manner that does not adversely affect the privacy
and enjoyment of adjoining properties. Separation distances may be required by the Council as a
condition for development, considering such things as slope, drainage, tree cover and soil
conditions; and,
(f) the development of the backlot does not affect the legal conformity of the primary lot that has
frontage on to a public street.
17.
Mature trees
Because of their importance to t h~ landscape and to the privacy and amenities of residential
areas, mature trees shall be preserved and replaced as necessary. Such trees may be removed
only when they become dangerous because of age, disease or proximity to a building; if they are
overcrowded, and unduly inhibit light and air circulation for landscape purposes and building
occupancy; or if they will unduly obstruct construction.
Where necessary, Council may require a Landscape Plan to identify how mature trees shall be
preserved and replaced where necessary.
18.
Road Side Vending
Road side vending shall not be permitted within this land use zone.
19.
Reduced Floor Area for Single Detached Dwelling
For a single detached dwelling less than 80 m2, Council shall consult with the neighbouring
property owners regarding the proposed residential development. The construction of these
homes must comply with the requirements of the National Building Code and must be erected on
a fixed foundation.
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20.
Mobile homes, Mini homes and Modular homes
For Mobile homes, Mini homes and Modular homes, Council shall consult with the neighbouring
property owners regarding the proposed residential development. These homes must comply
with the requirements of the National Building Code and must be erected on a fixed foundation.
72
RESIDENTIAL SEASONAL ZONE
RESIDENTIAL SEASONAL {RS)
Use Zone Table
PERMITTED USE CLASSES - (see Regulation 89)
Single dwelling, cottages and cabins, mineral exploration (non-development), and recreational open
space.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
None
CONDITIONS FOR RESIDENTIAL SEASONAL
1.
Development Standards
2.
The development standards for a single dwelling in this zone shall meet the following standards:
Minimum Lot Area
1860m2
Minimum Frontage
30m
Minimum Building Line Setback
9m
Minimum Sideyard Width
3m
Minimum Rearyard Depth
9m
Maximum Lot Coverage
40%
Maximum Height
10 m
Accessory Buildings
(a) The size of accessory buildings is at the discretion of Council.
(b)
Accessory buildings shall located be on the same lot as the residential dwelling and shall
be clearly incidental and complementary to the main use of the residential dwelling in
character, use, style and exterior finish.
(c)
Accessory buildings shall be located so as to minimize any visual impacts on adjoining
properties.
(d)
Accessory buildings shall have a maximum height of 5 metres and shall not project in front
of the building line.
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(e)
Accessory buildings shall be a minimum of 3 metres from any building and shall have the
same sideyard as described in this Land Use Zone Table and shall be a minimum of 1 metre
from the rear yard boundary.
(f)
Residential lots may have more than one accessory building provided that the maximum
combined floor area of all buildings shall not be greater than the maximum area as set out
in the General Development Regulations and this Land Use Zone Table.
(g)
Accessory buildings shall be strictly prohibited for use as performing motor vehicle or
heavy equipment repairs, auto painting, dismantling or scrapping of vehicles or other
machinery.
3 .
Advertisements Relating to Onsite Uses
There shall be no advertisements for onsite uses for this Land Use Zone Table.
4.
Advertisements Relating to Offsite Uses
There shall be no advertisements for offsite uses for this Land Use Zone Table.
S.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high-water mark of rivers or streams,
or within 15 metres of the shoreline of ponds, with the exception of conservation structures such
as those designed to control flooding and erosion as well as bridges, pathways, and public services.
Development of marine or water related uses such as wharfs, slipways, boathouse, etc. may be
permitted. All development occurring within these limits is subject to the approval of Council and
the Department of Environment, Climate Change and Municipalities.
6.
Mature trees
Because of their importance to the landscape and to the privacy and amenities of residential
areas, mature trees shall be preserved and replaced as necessary. Such trees may be removed
only when they become dangerous because of age, disease or proximity to a building; if they are
overcrowded, and unduly inhibit light and air circulation for landscape purposes and building
occupancy; or if they will unduly obstruct construction.
Where necessary, Council may require a Landscape Plan to identify how mature trees shall be
preserved and replaced where necessary.
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RESIDENTIAL- COMPREHENSIVE DEVELOPMENT AREA ZONE
RESIDENTIAL-COMPREHENSIVE DEVELOPMENT AREA (R-CDA)
Use Zone Table
PERMITTED USE CLASSES - (see Regulation 89)
None except maintenance and operation of existing uses and mineral exploration (non-
development).
CONDITIONS FOR RESIDENTIAL-COMPREHENSIVE DEVELOPMENT AREA ZONE
1.
Purpose of the Residential-Comprehensive Development Area Zone
Lands zoned Residential-Comprehensive Development Area prevents development until
comprehensive planning has been carried out in a Comprehensive Development Area Concept
Plan which must be approved as an amendment to the Embree Municipal Plan and Development
Regulations.
2.
Serviced and Unserviced Development
In Comprehensive Development Areas which are within 100 metres of municipal services,
development shall be considered at the discretion of Council regarding the installation of
municipal water and sewerage at the developer's expense. In Comprehensive Development Areas
which are sufficiently remote from municipal services or financial cost to provide municipal
services are economically unreasonable, Council may permit unserviced development.
3.
Comprehensive Development Area Concept Plan
A Comprehensive Development Area Concept Plan shall be developed for a proposed subdivision
development and shall include adjacent lands within the area defined on the zoning map as a
Residential Comprehensive Development Area. The requirements for an Area Concept Plan are
outlined in the Municipal Plan policy section 3.2.9.
The Comprehensive Development Area Concept Plan shall be advertised within a local newspaper
and shall be placed on public display for five business (5) days at the Town Hall, during regular
hours, for public viewing so that residents may be provided comments on the proposed
development to Council in writing.
Comprehensive Development Area Concept Plans may be considered for one lot minimal and
multiple lot development proposals.
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Council shall review all written submissions which shall be taken into consideration prior to
approving the Comprehensive Development Area Concept Plan and any Development Regulations
Amendment for rezoning the Planned Development Area to the appropriate land use zone on the
Land Use Zoning Map.
Once the Area Concept Plan and Development Regulations Amendment have been approved by
Council, the amendment shall be forwarded to the Department of Environment, Climate Change
and Municipalities for registration and a notice published in the Newfoundland and Labrador
Gazette as well as a local newspaper. Note: under the Urban and Rural Plan Act, 2000, a public
hearing is not required for a Development Regulations Amendment.
4.
Subdivision Development Plan
A Subdivision Development Plan in this zone will be considered only if it is in conformity with
policies outlined in the Municipal Plan sections 3.2.9. The subdivision development plan shall
conform to the general design and layout of the area concept plan. The subdivision development
plan does not require public consultation but is required to be submitted to the Council for
development approval and the issuing of any development permits.
5.
Discretionary Use
Discretionary uses permitted in this zone prior to the preparation and approval of an Area Concept
Plan shall not include the development of any permanent structure.
6.
Onsite Water Supply and Sewage
All unserviced developments shall have an approved water and sewage service design and
approved by the Service NL prior to a Development Permit issued by Council.
7.
Existing Non-conforming Uses
Existing Non-conforming uses will continue to be allowed in the Comprehensive Development
Area on the same conditions as any other zone.
8.
Protected Access Point
The land use zoning map contains arrows which indicate 'protected access points' for the R-CDAs;
no development shall be allowed that would compromise the development of an access road to
the R-CDA area at the location of these protected access points.
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COMMERCIAL ZONE
COMMERCIAL (COM)
Use Zone Table
PERMITTED USE CLASSES - (see Regulation 89)
Catering, child care, office, medical and professional, personal service, shop, and convenience
store, commercial residential, service station, mineral exploration (non-development), and
outdoor assembly.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Clubs and lodges, amusement, general assembly, indoor assembly, passenger assembly, cultural
and civic, taxi stand, police station, funeral home, indoor market, outdoor market, general
services, veterinary, light industry, antenna, and recreational open space, apartment building,
office, communications, service station.
CONDITIONS FOR COMMERCIAL
1.
Development Standards
2.
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
4 metres
(b) Minimum Sideyard Width
5 metres
(c) Minimum Rearyard Depth
10 metres
(d) Maximum Height
15metres
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council,
provided that they are complementary to permitted uses and will not inhibit or prejudice the
existence or development of permitted uses.
3.
Buffer and Residential Uses
Where a non-residential use abuts a residential use, Council may require a screen or barrier such
as a fence, landscaped embankment, or trees to be erected on the non-residential site along the
lot lines, consistent with the visibility requirements for traffic safety.
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4.
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 shall 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 shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in residential areas.
5.
Advertisements Relating to Offsite Uses
The conditions for 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 shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to, the premises to which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of streets, the location
of street junctions and nearby buildings, and amenities of the surrounding area.
6.
Building Height
Council may permit the erection of buildings of a height greater than that specified in the use zone
table. In cases where the building line and rear yard require variance from these standards, then
the building line shall be increased by two (2) metres for every one (1) metre increase in height.
7.
General Industry
Council may consider a general industry use within this Land Use Zone provided that the proposed
use is associated with an existing commercial property.
8.
Open Storage
No open storage shall be permitted in the front or side yards of any commercial property.
Property owners will be required to keep their premises well maintained and tidy.
78
9.
Screening and Buffers
Where a proposed commercial use abuts a non-industrial use, Council may require adequate
buffering, screening and/or separation distance. Such buffering and screening requirements
and/or separation distances may vary from use to use by Council.
No development shall be permitted within 15 metres of the high-water mark of rivers or streams,
or within 15 metres of the shoreline of ponds, with the exception of conservation structures such
as those designed to control flooding and erosion as well as bridges, pathways, and public services.
Development of marine or water related uses such as wharfs, slipways, boathouse, etc. may be
permitted. All development occurring within these limits is subject to the approval of Council and
the Department of Environment, Climate Change and Municipalities.
10.
Convenience Stores and Shops
(a)
A convenience store or shop in this zone shall front directly onto a publicly maintained
road.
(b)
Convenience stores shall not negatively affect amenities of adjoining properties. Outside
storage shall be prohibited, except for that incidental and related to the direct use.
(c)
Landscaping and adequate off-street parking with clearly defined entrance and exit points
shall be provided.
11.
Catering
Catering uses such as restaurants, lounges or take-out food service shall be permitted provided
that these uses do not have negative impacts on surrounding land uses. Council shall take into
consideration any concerns identified by adjoining property owners in its decision to approve such
discretionary uses.
12.
Child Care
A child care operation, in which services are regularly provided to seven or more children, is
subject to the following conditions:
(a)
The operation is in accordance with all applicable provincial laws and regulations.
(b)
A limit of one day care or day nursery will be permitted on any street.
(c)
Provision for off-street parking will be required as per the off-street parking requirements
of these Regulations.
(d)
The drop-off and pick-up of children will not interfere with the free flow of vehicular
traffic.
(e)
The use is not located adjacent to or near hazardous, dangerous, or incompatible uses.
These include, but are not limited to, heavy industrial uses, service stations, garages,
taverns, night clubs, and amusement uses.
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13. Landscaping
(a)
Landscaping of the lot shall be as specified by Council.
(b)
Parking areas shall be paved with an asphalt or concrete surface or other approved
material, providing adequate drainage.
(c)
Council may require fencing along the side and rear boundaries to protect the privacy of
adjacent property.
14.
Service Stations and Garages
Service stations and garages are a permitted use within this zone provided:
(a)
All gasoline pumps shall be located on pump islands designed for such purposes, and to
which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Any access shall not be less than 7 metres wide and shall be clearly marked, and where a
service station is located on a corner lot, the centre line of any access shall be at least 30
metres from the centre line of the junction.
(d)
Surface run-off shall be directed to an oil/water separator before discharging into any
storm sewer or any other surface or sub-surface drainage system.
15.
Apartment Buildings
(a)
Apartment buildings may be permitted at the discretion of Council and may be limited to
those located above a main floor of permitted commercial uses or as a separate
condominium project.
(b)
The apartment development shall be required to meet parking requirements as outline in
Schedule D. Parking shall be located at either the side yard or rear yard of the property
and be considered separately from parking requirements of the permitted commercial
use.
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INDUSTRIAL ZONE
INDUSTRIAL {IND)
Use Zone Table
PERMITTED USE CLASSES - (see Regulation 89)
General Industry, light industry, mineral exploration (non-development), and educational uses
(see condition).
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Passenger assembly, service station, antenna, shop (see condition 7 below)
CONDITIONS FOR INDUSTRIAL-GENERAL ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
(b) Minimum Sideyards
(c) Minimum Rearyard
(d) Maximum Height
2.
Discretionary Use Classes
10 metres
5 metres
15 metres
15 metres
The discretionary use classes listed in this table may be permitted 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 uses.
3.
Storage of Flammable Liquids
All uses and structures for the bulk storage offlammable liquids shall conform to the requirements
of the Provincial Fire Commissioner and shall be surrounded by such buffers and landscaping as
Council may require to prevent damage to adjacent uses by fire, explosion, or spills of flammable
liquid.
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4.
Buffer for Residential Uses
Where an industrial development abuts a residential use or proposed residential area or is
separated from it by a road only, the developer shall provide a buffer strip not less than 10 metres
wide between any residential activity or area and the industrial use. The buffer shall include a
natural or structural barrier, as deemed necessary by Council, and shall be maintained by the
owner or occupier to the satisfaction of Council.
5.
Shops or commercial use
Retail shops may be permitted at the discretion of Council if they are accessory to an industrial
use or if they directly service the industrial uses or the industrial employees.
6.
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 shall 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 shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
7.
Advertisements Relating to Off site Uses
The conditions for 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 shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or direction
to, the premises to which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the satisfaction of
Council, having regard to the grade and alignment of streets, the location of street
82
junctions and nearby buildings, and amenities of the surrounding area.
8.
Educational Uses
Educational uses may be permitted only if they involve classroom education and training related
to the industrial activity.
83
PUBLIC BUILDINGS ZONE
PUBLIC BUILDINGS {PB)
Use Zone Table
PERMITTED USE CLASSES - (see Regulation 89)
Educational, cultural and civic uses, general assembly, medical treatment and special care,
government or public offices, place of worship, child care, mineral exploration (non-
development), and police station
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Indoor assembly, outdoor assembly, cemetery, club and lodge, catering, passenger assembly,
and antenna, recreational open space such as parks and playing fields, office, and homes for
the aged (collective residential)
CONDITIONS FOR PUBLIC BUILDINGS ZONE
1.
Development Standards
2.
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
10 metres
(b) Minimum Sideyards
5 metres
(c) Minimum Rearyard
15 metres
(d) Maximum Height
15 metres
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted is association with permitted
uses at the discretion of Council provided that they are complementary to permitted uses and will
not inhibit or prejudice the existence or development of permitted uses.
3.
Offices
Government offices, banks, and other offices of a public nature shall be permitted in this zone.
Commercial offices or offices associated with a business operation shall not be permitted.
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4.
Catering
Catering may be permitted in associations with a permitted use such as church functions,
weddings, parties, etc. Catering use will only be permitted as a temporary use by Council.
5.
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 shall 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 shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
6.
Advertisements Relating to Offsite Uses
The conditions for 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 shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be located within a
distance of, and only show thereon the name and nature of the distance or direction to, the
premises to which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the satisfaction of
Council, having regard to the grade and alignment of streets, the location of street junctions and
nearby buildings, and amenities of the surrounding area.
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7.
Child Care
A child care operation, in which services are regularly provided to seven or more children, is subject to the
following conditions:
(a)
The operation is in accordance with all applicable provincial laws and regulations.
(b)
A limit of one day care or day nursery will be permitted on any street.
(c)
The use will not occupy more than 70 m2 or 40% of the floor area, whichever is less.
(d)
Provision for off-street parking will be required as per the off-street parking requirements
of these Regulations.
(e)
The drop-off and pick-up of children will not interfere with the free flow of vehicular
traffic.
(f)
The use is not located adjacent to or near hazardous, dangerous, or incompatible uses.
These include, but are not limited to, heavy industrial uses, service stations, garages,
taverns, night clubs, and amusement uses.
8.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high-water mark of rivers or
streams, or within 15 metres of the shoreline of ponds, with the exception of conservation
structures such as those designed to control flooding and erosion as well as bridges, pathways,
and public services. Development of marine or water related uses such as wharfs, slipways,
boathouse, etc. may be permitted. All development occurring within these limits is subject to
the approval of Council and the Department of Environment, Climate Change and Municipalities.
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OPEN SPACE/RECREATION ZONE
OPEN SPACE/RECREATION (OSR)
Use Zone Table
PERMITTED USE CLASSES - (see Regulation 89)
Recreational open space (playing fields, sports grounds, parks, playgrounds), outdoor assembly
class uses, mineral exploration (non-development), and Conservation.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Indoor assembly, Cultural and civic, antenna, Agriculture (non-commercial - see Condition 2),
Take-out Food Service.
CONDITIONS FOR OPEN SPACE/RECREATION ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are complementary to permitted uses and will not inhibit or prejudice the
existence or development of permitted uses.
2.
Agricultural Use
Traditional small-scale hobby and subsistence agricultural uses may be permitted such as
vegetable gardens. Areas of steep slope where soil erosion may occur shall not be developed for
agriculture uses unless a soil erosion program can be developed and implemented.
3.
Accessory Building
Accessory buildings shall be located a minimum of 3 metres from the nearest part of the main
building and a minimum of 1 metre from a side and rear lot line and a maximum height of an
accessory building shall be 4 metres.
4.
Take-Out Food Service
A take-out food service use may be considered on a discretionary basis provided it serves
recreational activities only.
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5.
Transportation
Transportation uses shall be those associated with marine uses. Development of marine or water
related uses such as wharfs, slipways, docks, boathouse, etc. may be permitted. All development
occurring within these limits is subject to the approval of Council and the Department of
Environment, Climate Change and Municipalities.
6.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high-water mark of rivers or streams,
or within 15 metres of the shoreline of ponds, with the exception of conservation structures such
as those designed to control flooding and erosion as well as bridges, pathways, and public services.
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CONSERVATION ZONE
CONSERVATION (CON)
Use Zone Table
PERMITTED USE CLASSES - (see Regulation 89)
Conservation, mineral exploration (non-development).
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Agriculture, forestry, transportation, cemetery and antenna.
CONDITIONS FOR CONSERVATION ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are complementary to permitted uses and will not inhibit or prejudice the
existence or development of permitted uses.
2.
Agricultural Use
Traditional small-scale hobby and subsistence agricultural uses may be permitted such as
vegetable gardens. Areas of steep slope where soil erosion may occur shall not be developed for
agriculture uses unless a soil erosion program can be developed and implemented.
3.
Cemetery
Cemeteries which are located separately from a church may be permitted in the Conservation
zone.
4.
Accessory Building
An accessory building may be permitted in association with a cemetery and shall have a maximum
floor area of 20 m2- Accessory buildings shall be located a minimum of 3 metres from the nearest
part of the main building and a minimum of 1 metre from a side and rear lot line and a maximum
height of an accessory building shall be 4 metres.
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PROTECTED WATERSHED ZONE
PROTECTED WATERSHED (PW)
Use Zone Table
PERMITTED USE CLASSES - (see Regulation 89)
Conservation, mineral exploration, passive outdoor recreation uses.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Forestry, mineral working, agriculture, recreation and antenna.
CONDITIONS FOR PROTECTED WATERSHED ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are complementary to permitted uses and will not adversely affect the quality
or quantity of water identified as a water supply source.
2.
Forestry, Agriculture, and Existing Uses
Selective forestry activities, agriculture, and the maintenance and limited extension of existing
uses may be permitted provided they cause no detrimental effect on water quality.
3.
Recreational
Only passive recreational activities such as hiking and skiing shall be permitted in the watershed
area.
4.
Mineral Exploration
Mineral Exploration that does not constitute a development as defined under the Urban and Rural
Planning Act, 2000 and these Regulations shall be permitted subject to the following conditions:
(a)
Proposed mineral exploration will be evaluated carefully by Council in conjunction with
the Water Resources Division of the Department of Environment, Climate Change and
Municipalities.
(b)
No mineral exploration shall unacceptably reduce the quality of water in a watercourse
or waterbody. Any access road which crosses a watercourse shall have a bridge or culvert
according to the regulations of the Department of Environment, Climate Change and
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Municipalities.
(c)
No mineral exploration shall result in the excavation of land below the level of the
water table nor cause the ponding of water. However, settling ponds may be permitted
with the approval of the Department of Environment, Climate Change and Municipalities.
(d)
No mineral exploration shall be carried out in a manner which causes the erosion
of adjacent land.
(e)
The mineral exploration shall be kept clean of refuse, abandoned vehicles and
equipment, and derelict buildings.
(f)
Upon completion of mineral exploration, and when there is no intention to
continue with additional work, all materials and machinery shall be removed from the site
and the site restored so as not to constitute a danger to the public or present an unsightly
appearance.
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RURAL ZONE
RURAL {RUR)
Use Zone Table
PERMITTED USE CLASSES - (see Regulation 89)
Agriculture, forestry, mineral exploration, mineral working, recreational open space, cemetery,
and conservation.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Single dwelling (subject to conditions), recreational cottage, veterinary, outdoor market,
outdoor assembly, general industrial, rural industrial, animal, utilities, transportation, wind
turbine, and antenna.
CONDITIONS FOR RURAL ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are complementary to permitted uses and will not inhibit or prejudice the
existence or development of permitted uses.
2.
Development Standards
The development standards for uses in this zone shall be determined case-by-case and shall
conform to the standards for the same uses in other zones.
3.
Single Dwellings
Single residential dwellings may only be permitted in conjunction with a permitted use such as
agriculture. The agricultural uses shall be a commercia l business and the full-time farmer shall
obtain a minimum of 50 % of his or her gross income from the farm operation. The commercia l
operation shall be in operation for a minimum of two years before a permit from Council is
required for approve any residential development.
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4.
General and Rural Industry
General Industrial uses and associated accessory uses may be permitted by Council provided that:
(a)
The use is restricted to maintenance and repair of equipment, processing and storage
related to agriculture or forestry uses, and storage of equipment not suitable to be stored
in the built-up areas of the Town,
(b)
The site is unsuitable for location in the Commercial or Industrial zones,
(c)
Municipal services, such as town water and sewer will not be required,
(d)
The proposed use will not have an adverse visual impact on the built-up areas of the Town
and Council may require that the site be screened or not visible from public roads and the
built-up area,
(e)
The proposed use will not generate an increase in traffic on roads in the built-up areas of
the Town,
(f)
The proposed site can be developed without negative impact on the natural environment
and amenities of the Town, including watercourses and ponds.
5.
Mineral Working
Council may permit mineral working subject to the following conditions:
(a)
Effective tree screens shall be maintained around the periphery of any mineral working.
Where trees are not present to create an effective screen, Council may require the
installation of a landscaped embankment or fence.
(b)
Topsoil removed for mineral working shall be retained for restoration of the site.
(c)
No mineral working shall be conducted which causes danger or nuisance to the public.
(d)
No mineral working shall be permitted within the view of a designated scenic road .
(e)
Proposed mineral working operations will be evaluated carefully by Council in conjunction
with the Mineral Lands Division.
(f)
No mineral working shall unacceptably reduce the quality of water in a watercourse or
waterbody. Any access road which crosses a watercourse shall have a bridge or culvert according
to the regulations of the Department Environment, Climate Change and Municipalities.
(g)
No mineral working shall result in the excavation of land below the level of the water table
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nor cause the ponding of water. However, settling ponds may be permitted with the approval of
the Department of Environment, Climate Change and Municipalities.
(h)
No mineral working shall be carried out in a manner which causes the erosion of adjacent
land.
(i)
The mineral working shall be kept clean of refuse, abandoned vehicles and equipment,
and derelict buildings.
(j)
Upon completion of mineral working, and when there is no intention to re-open such, all
buildings and machinery shall be removed from the site and the site restored so as not to
constitute a danger to the public or present an unsightly appearance.
6.
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 shall
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 shall exceed 5 m2 in area.
7.
Advertisements Relating to Offsite Uses
The conditions for 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 shall exceed 3 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be located within
a reasonable distance of, and only show thereon the name and nature of the distance or
direction to, the premises to which they relate.
(c)
The location, siting and illumination of each advertisement shall be to the satis-
faction of Council, having regard to the grade and alignment of streets, the location of
street junctions and nearby buildings, and the amenities of the surrounding area.
8.
Wind Turbine(s) Development Standards
The development of private residential wind turbine(s) shall be at the discretion of Council.
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Private wind turbine(s) shall conform to the following site development standards and conditions:
Site Development Conditions
Standards
Lot Size {m 2)
<1860
1860
4050
>8100
Maximum number Wind Turbine(s)
1
1
1
2
Maximum power generating capacity of
15KW
20KW
40KW
lO0KW
wind turbine(s) (kilowatts -KW)
(total
collective)
10.25, or to
Maximum tower height (m)
10.25
a max of
18.5
30.5
12.25 *
Minimum separation distance from
25
30
45
45
Tower and neighboring residence m)
Minimum separation distance of the
1
3
5
5
swept arc of the blade from residence
on same lot (m)
Minimum distance of the swept arc of
Side yard requirements as in land use zone
the blade from side yard (m)
Not Applicable
*
Separation distance between towers (m)
Lowest point of sweep area of rotor
5
5
6
7
blade to finish grade (m)
* At the discretion of Council
Conditions
(a) The development of a private wind turbine(s) on a lot shall be for the use
of the property
owner. Electricity produced shall be strictly for the property owner. Surplus electricity shall
be secondary in nature to the primary use and may be connected to the local power grid for
the purpose of selling surplus power.
(b) A development shall meet applicable Federal and Provincial regulatory requirements, in
particular those applying to safety and environmental concerns.
(c) The development of the wind turbine(s) shall not create hazards or negative impacts on
neighboring properties. In cases where there are potential conflicts or impacts between a
proposed development and neighboring property, Council may require the developer to
ensure that adequate buffers or screening are maintained to reduce the impacts on adjoining
95
properties or other mitigation measures that may be necessary to reduce the impacts.
(d) Wind turbine tower(s) shall be located on a lot with minimum visual impacts on neighboring
properties.
(e) The sweep area of the rotor blades on a wind turbine shall not cross over property lines.
(f) Wind turbine(s) shall not be permitted in front of the building line.
(g) Wind turbine tower(s) shall be designed and constructed to meet design loads for operational
requirements including ice buildup. The blades shall either have de-icing capabilities or be
constructed of a material (ex. poly carbonate composite) that resists ice build up.
(h) Should the wind turbine(s) cease operations for a period longer than 2 years, the wind
turbine(s), tower(s), and any related infrastructure shall be removed from the property.
96
,
WELCOME
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TO
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EMBREE
POP 1'7j
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11111! \lll(HOOI
TOWN OF EMBREE
SCHEDULED
2021 - 2031
Prepared By:
PLAN-TECH
-
ENVIRONMENT
SCHEDULED: OFF-STREET PARKING REQUIREMENTS
ASSEMBLY USE CLASS
(a) Theatre
Two spaces for every 5 seats
(b) Cultural and Civic
One space for every 50m 2 of gross floor area
(c) Educational
K - 12 - 3 spaces for every classroom.
Other facilities - 1 space for every 5 persons using the facilities
(students, faculty and staff)
(d) Place of Worship
Two spaces for every 5 seats
(e) Passenger Assembly
As specified by the Council
(f) Private Club
One space for every 3 persons that may be accommodated at one time
(g) Catering
One space for every 3 persons that may be accommodated at one time
(h) Lounges and Bars
One space for every 3 persons that may be accommodated at one time
(i) Funeral Home
One space for every 10m2 of gross floor area
(j) Child Care
One space for every 20m2 of gross floor area
(k) Amusement
One space for every 10m2 of gross floor area
(I) Indoor Assembly
One space for every 10 persons that may be accommodated at one time
(m) Outdoor Assembly
As specified by the Council
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INSTITUTIONAL USE CLASS
(a) Detention Centre
As specified by the Council.
(b) Medical Treatment and Special Care
One space for every 20m 2 of gross floor area
(c) Special Care
One space for every bed
(d) Collective Residential
As specified by the Council
RESIDENTIAL USE CLASS
(a) Single Dwelling
Two spaces for every dwelling unit
(b) Double Dwelling
Two spaces for every dwelling unit
(c) Row Dwelling
Two spaces for every dwelling unit
(d) Apartment Building
Three spaces for every 2-dwelling units
(e) Subsidiary Apartment
One space for every apartment unit
(f) Hospitality Home
As specified by the Council
(g) Boarding House Residential
One space for every residential unit
(h) Mobile Home
Two spaces for every residential unit
BUSINESS AND PERSONAL SERVICES USE CLASS
(a) Office
One space for every 20m 2 of gross floor area
(b) Professional Service
One space for every 20m 2 of gross floor area
(c) Personal Service
One space for every 20m 2 of gross floor area
(d) General Service
One space for every 20m 2 of gross floor area
(e) Communications
As specified by the Council
(f) Home Occupation
Minimum of 1 space per non-resident employee
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COMMERCIAL USE CLASS
(a) Shopping Centre
One space for every 20m 2 of gross floor area
(b) Shop
Min. of 2 spaces plus one space for every 20m 2 of gross floor
area
(c) Convenience Store
Min. of 2 spaces plus one space for every 20m2 of gross floor
area
(d) Take-Out Food
Min. of 2 spaces plus one space for every 15m2 of gross floor
area
(e) Vending Stand
Minimum of 2 spaces plus additional as specified by the Council
(f) Indoor Market
As specified by the Council
(g) Outdoor Market
As specified by the Council
(h) Service Station
One space for every 20m 2 of gross floor area
(i) Commercial Residential
One space for every rental room
INDUSTRIAL USE CLASS
(a) Hazardous Industry
One space for every employee, plus 3
(b) General Industry
One space for every employee, plus 3
(c) Light Industry
One space for every employee, plus 3
NON-BUILDING USES
(a) Outdoor Recreation
As specified by the Council
(b) Conservation
As specified by the Council
(c) Cemetery
As specified by the Council
(d) Scrap Yard
As specified by the Council
(e) Animal
Min. of 2 spaces plus one space for every 20m 2 of gross floor
area
(f) Transportation
As specified by the Council
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100