Town of Englee Development Regulations

Englee, Newfoundland and Labrador

This is the exact embedded text of the captured official document. Snapshot d8a235bafd47 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

TOWN OF ENGLEE DEVELOPMENT REGULATIONS IMPORTANT: To see if there were any changes to this plan since it came into effect, please refer to: List of Development Regulation Amendments THE URBAN AND RURAL PLANNING ACT TOWN OF ENGLEE LAND USE ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS (DEVELOPMENT REGULATIONS) Published by Authority The Council of the Town of Englee hereby adopts the following Land Use Zoning, Subdivision and Advertisemenl Regulations as required by Section 37 of The Urban and Rural Planning Act. Made and adopted by the Council of the Town of Englee, on the 6 day of ~-. ' 1995. 7 , Mayor .tt,, . Approved by me at St. John's thi~ 11 day of -.IW~f. , 199/ 7 ......---- ARTHUR D. REID, M.H.A. Carbonear D~trict Min~ter of Municipal and Provincial A !fairs All persons are hereby requested to take notice that anyone who wishes to view these Regulations may do so at the Office of the Town Clerk of the Town Council of Englee. TABLE OF CONTENTS Page APPLICATION 1. Short Title . . . . . . . . . . . . . . . . . . . . . - . . - . . .. . . . . . . . - . . - . . . . . . . . . . . . . . . . . . 1 2 Interpretation ........................................ ~ . . . . . . . . . . . . . . . 1 3. Comio.enccmc:nt . .. . . . . . . . . - . . . .. . . . . . - . . . . . . . - . . - . . . . . .. . . . . . . . . .. . . . . . . . 1 4. Mllllicipal Code and Rcgulatioa.s .--.....-.....---.--..--..-.--.---........ 1 5. Authority _. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 1 PART I - GENERAL REGULATIONS 6. Compliance with Regulatioa.s . . . . . . . - . . . . . .. . .. - . . . . . . - . - - . .. . . . . . . . . . .. 2 7. Permit Required . - - - . . . . . . . . . - - . . - - . . . . . - . . . . . . . - . . . - . . . . . - . . - . . . . . . - 2 8. Permit to be Issued .. . . .. . . . - . . . . . . . .. . . - - - .. - - .. . .. . - - . . .. - - - - .. . . . .. 2 9. Permit Not to be Lssued in Certain Cases - . .. - . - - . - - - . - - - .. - . - - .. - - . - - - - .. - 2 10. Discretionary Powers of Authority . - . - - - . -. . . . . . . . . . . - . . . - . . - . . . . . . . . . . . . . . 3 11. Variances by Authority . . . . . . . . . - - - . . . . . . . . . . . - . . . . . . . . . . - . . . - . . . . . - . . . 3 12. Service Levy - - .. . .. . . .. . .. - .. . .. .. . . - - - .. . - .. .. - . .. .. .. . - - . . . . . .. . . . 4 13. Financial Guarantees by Developer . . . . . . . . . . . . . . . . . - - . . . . . - - . . . . . . . . . . . . . S 14. Dedication of l..aDd for Public Uses - - . - - - . - . . . . . . . - - . . - . . - - . . - . . - - . . - . . . - . S 15. Reinstatement of Land . . . . . . . . . . . . . . . . . . . . . - - . . - . . . - . . - . . . . - . - - . . . . . - - S 16. Form of Application . . . . . . - - . . . . . . . . . - - . . . . . . . . . . - - - . . . . - . . . . . . - . . . . . . 6 17. Register of Application . . . . . . . . - . - - . - . . . . . . . . . . . . . . . - . - - . . . . . . - . . . . . . - - 6 18. Deferment of Application . . . - . . . . . . . - .. .. . . - . . . . .. .. . . - - . - . . . - . . . - . . . . . 6 19. Outline Pla:w:Wig Permission - . . . . . - - - - . - . - - . . . - . . - . . . . . . - . . - - - . - . . . - - . . . 7 21). Development Permit ....................................... , . .. .. - .. . . 7 21. Reasoa.s for Refusing Pcnnit . . . . . . . . . . . . - - - - . . . . . . - - . - . . - . - . . . . . . . . . . . . . 8 22. Notice of Application . .. . - . .. .. .. .. . .. .. .. . .. . - . . .. . .. .. .. .. .. . . .. . .. . 8 23. Right of Entry ..................--.......................-...--... , . 9 24. Record of Violatioa.s ................................... , . .. . - . .. .. . - . . 9 25. Stop Work Order and Prosecution . . . . . . . . . . . . . - . . . . . . . - . . . . . . - . . . . . . . . . . . 9 26. Local Board of Appeal Established . .. .. .. . . - . . .. . .. . .. . .. .. . . .. .. . . . . . . .. 9 '];/. Appoinlment of Local Board of Appeal ..................... : . . . . . . . . . . . . - . 9 28. Appeal Board to Act as Local Board of Appeal . .. . . . . . .. . . . . . - . . . . . . . . . . . . . 10 (ii) Regulation Page 29. Appeals to Local Board of Appeal --...----..-... , .........-....-..- , - . . . 11 30. Effect of Decision by Local Board of Appeal . .. - . . . . . . . - . . . . . - .. . . . .. . . . . . . 12 31. Development May Not Proceed ..-...-..-..--...-.........-..-..- ~ . . . . . . 12 PART 11 - GENERAL DEVELOPMENT STANDARDS 32. Aa:csscs and Service Streets ......................................... , . 13 33. Acces.sory Buildings . . . . . . . . .. .. - . . . . . - .. . . . .. . . - - . . . . . .. . . .. - - . . . . .. 13 34. Advertisements . . . . . . - . . . .. . - . . . . . .. - .. . . . . . . . .. . - . . . - . . .. . - . . . - . . .. 13 35. Butfer Strips . . - . . - . . . . .. .. . . . . . . . . - .. . . . . - . . . . .. . .. . .. . .. . . . . . . . .. . 13 36. Building Height - - . . - - . - - . . - . . - . - - - - - - . . . - . - - - . . - - - - - . - - - - - - . - - - - - - . 14 37. Building Line and Setback .. , . . . . . - . . . - . . . . . . . - . . - . . . . . - . . . . . . - . . . . . . . . 14 38. Family and Group Care: Centres . . . . . . . . . . . . - - . . - . . . . . . . . . . - . . - . . . - . . . . . 14 39. Height Exceptions . . . . . . . . - . . - . . . . . . . . . . - . . . . . . - . . . . . . . . . . . . . - . . . . . . . 14 40. Livestock Structures and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 41. Lot Area - . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . 15 42. Lot Area and Si:z.e Exceptions .. .. . .. . .. .. .. - .. . . . . . . . . . .. . . . .. . . . . . .. . . 15 43. Lot Frontage . . . .. . . . . . . .. .. . . .. . . . .. . .. . . .. . .. . . .. . . . . . .. .. .. . .. .. 16 44. Mobile Homes . . . . .. .. . .. . .. .. .. .. . . . . . . . . . . . . . . .. . - .. .. .. . . . . . . .. . 16 45. Non-Conforming Uses . . . . . . . . - . - - . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . 16 46. Offensive and Dangerous Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 47. Off-street Parking Requirements . . . . . . . . . . . . - . . . . . . . . . . . - . . . . . . - . . . . . . . - 18 48. Off·street Loading Requirements . . . . - . - . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . 19 49. Parks and Playgrounds and Conservation Uses . . . . . . . - . - . . . . . . . . . . . - - . . . . . . . 20 SO. S=en.ing and Landscaping .. - . .. .. .. . .. .. .. . .. . . . .. . . .. .. .. . .. . . - . . . .. 20 51. Services and Public Utilities . . . . . . - - - . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . 20 52. Service Stations .. .. .. . . .. .. .. . .. . .. . .. . . .. . .. .. - .. . .. - .. .. .. .. .. . . .. 20 53. Sideyards - . . . . . . . . . . . . . . . . . . . . . . . . - - . . . . . . - . . . . . . . . . . . . . - - . . - . . . . . 21 54. Street CoDStruction Standards . . . . .. . . . . . . . .. . . . . .. . - . . . .. . - . . .. .. . . . . . - 21 55. Subsidiary Apartments . . . . . . . . - - . . . . . . - . . - . . . . . . . . . . . . . . . - - . . . . . . . . . . 21 56. Unsubdivided Land . - . . . . . .. . . . . . .. .. .. . . . .. . . .. . .. . . .. - .. .. .. . . . .. .. 21 57. Zero Lot Line and Other Comprehensive Development . - . - . . . . . . . . . . . . . . . . . . . 21 (iii) Page PART Ill - ADVERTISEMENTS 58. Permit Required . . - - . . .. . .. . . . . . . .. . . - . . - . - . . . . . . . . - . . . . . . . . . .. .. . . . 22 59. Form of Application . - . . - . . . . . . . . . . . . . . - . . . - . . . . - . . . - . . . . . . - . . . . . - . . . 22 60. Advertisements Prohibited in Street Reservation - . . . . . . - - . . . . . . . . . . . . . . . . . - . 22 62. Removal of Advertisements .. .. .. - .. . .. . .. . . . .. . . .. . . . .. .. .. . .. .. .. . .. . 22 63. Advertisements Exempt from Control . . - . . . - . . . . . . . - . . . . . - . . - . . . . . . . . . . . . 22 64. Approval Subject to Conditions . - - - . . - . . . . . . - - - . - - - . - - - . . . . . . . . . . . . . . . . . 23 65. Non-Confol'llling Uses . . - . . . . . . . . . . - . . . - - - . - - . . . - . . - - . . . . . . . . . . - . . . . . 23 PART IV - SUBDMSION OF LAND 66. Permit Required . .. .. . .. .. .. .. - .. .. .. .. . .. .. - .. - .. . .. . .. .. .. . . .. .. .. 24 67. Services to be Provided . . . . . . . . . . - . . . . . . . . - . . . - . . . . . . . - - . . . . - . . . . . . . . . 24 68. Payment of Service Levies and Other Charges .. .. - . . . . .. .. . . . - - . . - . . . - . . . . . 24 69. Issue of Permit Subject to Considerations . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . 24 70. Building Permits Required . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . - . - . . . . - . . . - . . 25 71. Form of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 72. Subdi\'ision Subject to Zoning . . - . . . - .. .. . . . . . . . . - - . . - - . . - - . . . - - . . . . - .. - 25 73. Building Lines . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . 25 74. Land for Public Open Space . . . . . . - . . . . . . . . . . . - . . . . . . . . - . . . . . . . - . . . . . . . 25 75. Structure in Street Re&ervation . . . . . . . . . . - . . . - . . . . . . . - - . . . . . . . . . . . . . . . . . 26 76. Subdi\'ision Design Standards . . . . . . . . . . . . - . . . . . . .. . . . . . . . . . . . . .. . . . . .. . 27 77. Engineer to Design Works and Certify Construction Layout . . . . . . . . - . . . . . . . .. .. - . . . . .. . .. . . . .. . . . . . . . . . . . . - . 28 78. Developer to Pay Engineer's Fees and Charges - . . . . - - . . . . . . . . . . . . . . . . . . . - . . 29 79. Street Works May be Deferred . . . . . - . . . - . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . 29 80. Transfer of Streets and Utilities to Authority . . . . . . . . . . . . . - . . . . . . - . . . . - . . . . . 29 81. Restriction on Sale of Lots .. . . . . . .. . . .. . .. .. .. .. . .. .. .. .. .. .. .. . . .. - . . 30 82. Grouping of Dwellings and Landscaping . - - . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . 30 (iv) Regulation PART V - USE ZONES 83. Use ZDnes ................................................... · . . . . . . 31 84. Use Classes - - - - - - - - - - . - - . - - - . - - - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - - - - - - 31 85. Pc.rm.itted Uses . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 31 86. Discretionary Use& . - - . . . . . . - - . . . - . . . - . - . . - - . . . - . . . . - . . . . - . . - . . . . . . . . 31 fr/, USCi Not Permitted . - - - . . - . - - . - - - . - - . . . . - - - - - - - - . - - - - . . - - . - . . . . - . . . . 32 SCHEDULES SCHEDULE A:. Definitions SCHEDULE B: Classification of Uses of Land and Buildiogs SCHEDULE C: Use Zone Tables SCHEDULE D: Off-Street Parking Requirements SCHEDULE E: l..aod Use Zoning Maps Application Page 1 TOWN OF ENGLEE LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS (DEVELOPMENT REGULATIONS) APPLICATION 1. Short Title These Regulations may be cited as the Englee 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 Englee Municipal Planning Area, hereinafter referred to as the Planning Area, on the date of publication of a notice to that effect in the Newfoundland Gazette. 4. Municipal Code and Regulations The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and any other ancillary code and any Building Regulations, Waste Disposal Regulation and/ or any other municipal regulations regulating or controlling the development, conservation and use of land in force in the Town of Englee, shall, under these Regulations apply to the entire Planning Area. 5. Authority In these Regulations, "Authority" means the Council of the Town of Englee. Patt I - Gt!ntraJ Regulations Page 2 PART I - GENERAL REGULATIONS 6. Compliance With Regulations No development shall be carried out within the Planning Area except in accordance with these Regulations. 7. Permit Required No person shall carry out a.ny development within the Planning Area except where otherwise provided in these Regulations unless a permit for the development bas 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 ll of these Regu- lations, the requirements of Part V of these Regulations, and the use classes, standards, requirements, and conditions prescribed in Schedule C of these Regulations for the use zone in which the proposed development is located; (b) the standards set out in the Building Code and/or other ancillary codes, and any Building Regulations, Waste Disposal Regulations, and/or any other municipal regulation in force in the Planning Area regulating or controlling development, conservation and use of land and building.s; (c) the standards set out in Part Ill of these Regulations in the case of advertisement; (d) the standards set out in Pan IV of these Regulations in the case of subdivision; (e) the standards of design and appearance established by the Authority. 9. Permit Not to be Issued In Certain Cases Neither a permit nor outline planning permission shall be issued for development within the Planning Area when, in the opinion of the Authority, it is premature by reason of the site lacking adequate road access, power, drainage, sanitary facilities, or domestic water supply, or being beyond the natural development of the area at the time of application unless the applicant contracts to pay the full cost of construction of the services deemed PIUt I - Generol Regulations Page 3 necessary by the Authority and such cost shall attach to and upon the property in respect of which it is imposed. 10. Discretionary Powers of Authority In considering an application for a permit or for outline planning permission to carry out development, the Authority shall take into account the policies expressed in the Municipal Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the general appearance of the development of the area, the amenity of the surroundings, availability of utilities, public safety and convenience, and any other considerations which are, in its opinion, material, and notwithstanding the conformity of the application with the requirements of these Regulations, the Authority may, in its discretion, and as a result of its consideration of the matters set out in this Regulation, conditionally approve or refuse the application. 11. Variances by Authority (1) Where a permit cannot be granted because the proposed development does not comply with these Regulations, the Authority may in its discretion vary the requirements to literal conformity with the Regulations if, in the Authority's opinion, the requirements would prejudice the proper development of the land, building or structure in question, or be contrary to the public interest. (2) Variance from these Regulations pursuant to Regulation 11(1) shall only be authorized in the following circumstances: (a) if, in the opinion of the Authority, such variance is not contrary to the general intent and purpose of these Regulations, the Municipal Plan, or any further scheme, plan or regulation pursuant thereto, and the public interest; (b) if, prior to authorization of such variance, the Authority has considered its effect on adjoining properties; (c) if the variance does not change the permitted use of the property; Pait 1 - Generu1 Reguladons Page 4 (d) if the Authority is satisfied that the variance has not become necessary due to the intentional or negligent conduct of the owner or some other party acting with the owner's knowledge or consent; ( e) if, prior to authorization of such variance, the Authority has given notice of the application in accordance with Regulation 22 and has considered any objections or representations which may have been received on the matter. (3) Variance from these Regulations pursuant to Regulation 11(1) shall not be authorized if such variance, when considered together with other variances made or to be made in respect of the same land, building or structure, would have a cumulative effect contrary to the general intent of these Regulations, the Municipal Plan, or any further scheme, plan or regulation pursuant thereto, even though the variances individually would not have such effect. u; Service Le")' (1) The Authority may require a developer to pay a service levy where development is made possible or where the density of potential development is increased, or where the value of property is enhanced by the carrying out of public works either on or off the site of the development. (2) A service levy shall not exceed the cost, or estimated cost, including finance charges to the Authority of constructing or improving the public works referred to in Regulation 12(1) that are necessary for the real property to be developed in accordance with the standards required by the Authority and for uses that are permitted on that real property. (3) A service levy shall be assessed on the real property based on: (a) the amount of real property benefitted by the public works related to all the real property so benefitted; and, (b) the density of development made capable or increased by the public work. Part I - General Reguhllions · Page S (4) The Authority may require a service levy to be paid by the owner of the real property; (a) at the time the levy is imposed; (b) at the time development of the real property commences; (c) at the time development of the real property is completed; or, ( d) at such other time as the Authority may decide. 13. Financial Guarantees by Developer (1) The Authority may require a developer before commencing a develop- ment to make such. financial provisions and/or enter into such agreements as may be required to guarantee the payment of service · levies, ensure site reinstatement, and to enforce the carrying out of any other condition attached to a permit or licence. (2) The financial provisions pursuant to Regulation 13(1) may be made in the form of: (a) a cash deposit from the developer, to be held by the Authority, or; (b) a guarantee by a bank, or other institution acceptable to the Minister, for expenditures by the developer, or; (c) a performance bond provided by an insurance company or a bank, or; (d) an annual contribution to a sinking fund held by the Authority. 14. Dedication of Land for Public Use In addition to the requirements for dedication of land under Regulation 74, the Authority may require the dedication of a percentage of the land area of any subdivision or other development for public use, and such land shall be conveyed to the Authority in accordance with the provisions of tbe Act. 15. Reinstatement or 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, Plllf 1 - Omva1 Regulalions Page 6 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. 16. Form of Application (1) An application for a development permit or for outline planning permission shall be made only by the owner or by a person authorized by the owner to the Authority on such form as may be prescribed by the Authority, and every application shall include such plans, specifica- tions and drawings as the Authority may require, and be accompanied by the permit fee required by the Authority. (2) The Authority shall, on request, supply to every applicant a copy of the application forms referred to in Regulation 16(1) and a description of the plans, specifications and drawings required to be provided with the application. 17. Register of Application The Authority shall keep a public register of all applications for development, and shall enter therein the Authority's decision upon each application and the result of any appeal from that decision. 18. Deferment of Application (1) The Authority may, with the written agreement of the applicant, defer consideration of an application. (2) Applications properly submitted in accordance with these Regulations which have not been determined by the Authority and on which a decision has not been communicated to the applicant within eight weeks of the receipt thereof by the Authority, and on which con- sideration has not been deferred in accordance with Regulation 18(1), shall be deemed to be refused. Plllt I - Genual Regullllions Pago 7 19. Outline Planning Permission (1) The Authority may grant outline planning permission for the erection, alteration or conversion of a building if, after considering an appli- cation for outline planning permission made under these Regulations, it is satisfied that the proposed development is, subject to the approval of detailed plans, in compliance with these Regulations. (2) Where outline planning permission is granted under this Regulation, it shall be subject to the subsequent approval by the Authority of such details as may be listed in the outline planning permission, which shall also specify that further application for approval of these details shall be received not later than two years from the grant of outline planning permission. 20. Development Permit (1) A plan or drawing which has been approved by the Authority and which bears a mark and/or signature indicating such approval together with a permit shall be deemed to be permission to develop land in accordance with these Regulations but such permission shall not relieve the applicant from full responsibility for obtaining permits or approvals under any other regulation or statute prior to commencing the development; from having the work carried out in accordance with these Regulations or any other regulations or statutes; and from compliance with all conditions imposed thereunder. (2) The Authority may attach to a permit or to outline planning permis- sion such conditions as it deems fit in order to ensure that the proposed development will be in accordance with the purposes and intent of these Regulations. (3) Where the Authority deems necessary, permits may be issued on a temporary basis for a period not exceeding two years, which may be extended in writing by the Authority for further periods not exceeding two years. P(llt I - General Regulations PatJe 8 (4) A permit is valid for such period, not in excess of two years, as may be stated therein, and if the development has not commenced, the permit may be renewed for a further period not in excess of one year, but a permit shall not be renewed more than once, except in the case of a permit for an advertisement, which may be renewed in accordance with Part ID of these Regulations. (5) The approval of any application and plans or drawings or the issue of a permit shall not prevent the Authority from thereafter requiring the correction of errors, or from ordering the cessation, removal of, or remedial work on any development being carried out in the event that the same is in violation of this or any other regulations or statute. (6) The Authority may revoke a permit for failure by the holder of it to comply with these Regulations or any condition attached to the permit or where the permit was issued in error or was issued on the basis of incorrect information. (7) No person shall erase, alter or modify any drawing or specifications upon which a permit to develop has been issued by the Authority. (8) There shall be kept available on the premises where any work, matter or thing in being done for which a permit has been issued, a copy of the permit and any plans, drawings or specifications on which the issue of the permit was based during the whole progress of the work, or the doing of the matter or thing until completion. 21. Reasons for Refusing Permit The Authority shall, when refusing to issue a permit or attaching conditions to a permit, state the reasons for so doing. 22. Notice or Application The Authority may, and when a variance is necessary under Regulation 11, when a change in nonconforming use is to be considered under Regulation 45, or when the development proposed is listed as a discretionary use in P1111 l - General &gulatio11S Pagt 9 Schedule C of the Regulations shall, at the expense of the applicant, give notice of an application for a permit or for outline planning permission, by public advertisement in a newspaper circulating in the area or by any other means deemed necessazy. 23. Right or Entry The Authority, the Director, or any inspector may enter upon any public or private land and may at all reasonable times enter any development or building upon the land for the purpose of making surveys or examinations or obtaining information relative to the carrying out of any development, construction, alteration, repair, or any other works whatsoever which the Authority is empowered to regulate. 24. Record or Violations Every inspector shall keep a record of any violation of these regulations which comes to his knowledge and report that violation to the Authority. 25. Stop Work Order and Prosecution (1) Where a person begins a development contrazy or apparently contrary to these Regulations, the Authority may order that person to stop the development or work connected therewith pending final adjudication in any prosecution arising out of the development (2) A person who does not comply with an order made under Regulation 25(1) is guilty of an offence under the provisions of the Act. 26. Local Board of Appeal Established A Local Board of Appeal shall be appointed to hear all appeals arising from these Regulations. 27. Appointment or Local Board of Appeal (1) The Authority may, subject to the approval of the Minister, appoint not less than three and not more than five persons to constitute the Local Board of Appeal. /'art I - Gmenzl Regulalkms Page JO (2) The Authority under Regulation 27(1) shall not appoint elected or appointed officials of the Authority to be members of the Local Board of Appeal. (3) Every member of the Local Board of Appeal shall be appointed for such periods, not exceeding the term of office of the Authority, as may be deemed appropriate by the Authority, and shall be eligible for re· appointment ( 4) The Local Board of Appeal shall be presided over by a Chairman appointed from among its members by the Authority or in the absence of the Chairman, such member as the members present shall from among themselves appoint (5) A majority of the members of the Local Board of Appeal shall constitute a quorum. (6) The Authority may by a two-thirds vote of its members provide for remuneration to be pa.id to members of the Local board of Appeal and may prescribe the amount. (7) Where a Local Board of Appeal has been appointed and approved under Regulation 27(1), the Clerk of the Authority shall be the Secretary of that Local Board of Appeal. 28. Appeal Board to Act as Local Board of Appeal Where a Local Board of Appeal has not been appointed and approved by the Minister under Regulation 27(1), the appropriate Appeal Board established under the provisions of the Act shall be deemed to have been appointed as the Local Board of Appeal, and shall carry out the functions and exercise the same powers as if it were appointed a Local Board of Appeal under Regulations 27(1), but it shall not be obliged to hold appeal hearings within the Planning Area or to bear appeals within the time limits established under these Regulations. P111t I - GttlmlJ R~lal:ions Page 11 29. Appeals to Local Board or Appeal (1) The Local Board of Appeal shall hear appeals from decisions of the Authority made under these Regulations and shall either confirm the decision or recommend to the Authority that the decision be varied or reversed. (2) Any person may appeal to the Local Board of Appeal from a decision of the Authority made under these Regulations. (3) An appeal shall be submitted in writing to the Authority within thirty days of the date of the decision appealed from and shall state the circumstances and grounds of the appeal. (4) Within one week of receiving an appeal, the Authority shall forward it to the Local Board of Appeal together with a copy of the application appealed from and all other correspondence, plans and pertinent information. (5) The Local Board of Appeal shall meet to hear an appeal within sixty calendar days after that appeal has been filed with the Authority, and shall make its decision known in writing to the Authority and to the appellant within two weeks of hearing the appeal. (6) The Authority, the appellant, and any other person likely to be affected by the appeal, shall be advised of the time and place of the appeal hearing by the Secretary at least one week before the appeal is to be heard. (7) The Authority and the appellant are entitled, but are not bound, to appear before the Local Board of Appeal either personally or by representatives appointed by them. (8) The Local Board of Appeal shall consider and determine each appeal in accordance with the intent of these Regulations and the Municipal Plan and any further plan, scheme or regulations that are in force, Port I - General Regulations Paf!C 12 having due regard to the circumstances and merits of the particular case and the use of discretionary powers by the Authority. (9) In determining an appeal, the Local Board of Appeal shall be bound by the Municipal Plan and any further scheme or plan that is in force under the Act. (10) Every member of a Local Board of Appeal shall be subject to the provisions of the Municipalities Act with respect to conflict of interest as if he were a councillor elected under that Act. (11) The decision of a majority of the members of the Local Board of Appeal present, excluding all members prohibited from voting because of conflict of interest, shall be the decision of the Board w:1ose decision shall not be subject to further appeals to any other Appeal Board constituted under the Act. (12) If a Local Board of Appeal is unable to decide an appeal because of the conflict of interest of a majority of its members. the Authority shall, subject to the approval of the Minister, and for that appeal only, appoint other persons to replace those members so affected. 30. Effect of Decision by Local Board of Appeal 11t~1~11nm~llI'.\~~1;m1~~~,ff~K\lrfY,\~µ11~b.~!9,~~~t9#,'9f1]fi';'~!il!mi~r~\i9t \&1l>""''1·ecm1t~li!L';.tttl;'''W"-"'"''kfMW''"~"'·'lil"'ll.il~O:i'!tlc;ig· ,.,,,,~''"~1"1a<llirt·1 ->1Jl . ~P!!ffl!:\Lmlli~l\\!!~i!l!l)J9Hf!\4m.~Mq)y!\'!.Y!H {IJ!ti~ })1.l!l\M ........ !i~i 31. Development May Not Proceed Where an appeal is made from a decision of the Authority, the development concerned shall not proceed pending a decision on the appeal ancl the subsequent issue of all required permit.~. AmePded 1992 11 27 Part II - General Development Standards Page 13 PARTII-GENERALDEVELOPMENTSTANDARDS 32. Accesses and Service Streets (1) Access shall be located to the specification of the Authority so as to ensure the greatest possible convenience and safety of the street system and the Authority may prescribe the construction of service streets to reduce the number of accesses to collector and arterial streets. (2) No vehicular access shall be closer than 10 metres to the street line of any street intersection. 33. Accessory Buildings (1) Accessory buildings shall be clearly incidental and complementary to the use of the main buildings in character, use and size, and shall be contained on the same lot. (2) No accessory building or part thereof shall project in front of any building line. (3) The sideyard requirements set out in the use zone tables in these Regulations shall apply to accessory buildings wherever they are located on the lot but accessory buildings on two (2) adjoining prop- erties may be built to property boundaries provided they shall be of fire resistant construction and have a common firewall. 34. Advertisements Advertisements shall not be erected or displayed except in accordance with Part III of these Regulations. 35. Buffer Strips Where any industrial development permitted in any Use Zone abuts an existing or proposed residential area, or is separated from it by a road only, the owner of the site of the industrial development shall provide a buffer strip not less than ten (10) metres wide between any residential activity and the industrial area. The buffer shall include the provision of such natural or structural barrier as may be required by the Authority and shall be maintained by the owner or occupier to the satisfaction of the Authority. Pait 11 - Generol Deve/opmenl Stflnllmds Page 14 36. Building Height The Authority may permit the erection of buildings of a height greater than that specified in Schedule C, but in such cases the building line setback and rearyard requirements shall be varied as follows: (1) The building line setback shall be increased by 2 metres for every 1 metre increase in height. (2) The rearyard shall not be less than the minimum building line setback calculated as described in (1) above plus 6 metres. 37. Building Line and Setback The Authority, by resolution, may establish building lines on an existing or proposed street or service street and may require any new buildings to be located on those building lines, whether or not such building lines conform to the standards set out in the tables in Schedule C of these Regulations. 38. Family and Group Care Centres Family group care centre use is permitted in any dwelling or apartment that is adequate in size to accommodate the number of persons living in the group, inclusive of staff, provided that in the opinion of the Authority, the use of the dwelling does not materially differ from, nor adversely affect, the amenities of the adjacent residences, or the neighbourhood in which it is located. The Authority may require special access and safety features to be provided for the occupants before occupancy is permitted. 39. Height Exceptions The height requirements prescnbed in Schedule C of these Regulations may be waived in the case of communication masts and antennae, flagpoles, water towers, spires, belfries, or chinmeys, but any such waiver which results in an increase of more than 20% in the permitted height of the structure shall only be authorized under the provisions of Regulation 11. 40. Livestock Structures and Uses (1) No structure designed to contain more than five animal units shall be erected or used unless it complies with the following requirements: (a) The structure shall be at least 600 m from a residence, (except a farm residence or a residence which is a non-conforming use Pan II - Geneml Dtvelopm~nt Standards Page IS in any zone in which agriculture is a pennitted 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 boundacy 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 Depart- ment of Forestry & Agriculture and the Department of Envi- ronment & Lands. (2) No development for residential use shall be permitted within 600 m of an existing structure designed to contain more than five animal units unless the development is first approved by the Department of Forestry & Agriculture. 41. Lot Area (1) No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof or otherwise, so that any building or structure on such lot shall have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than that permitted by these Regulations for the zone in which such lot is located. (2) Where any part of a lot is required by these Regulations to be reserved as a yard, it shall continue to be so used regardless of any change in the ownership of the lot or any part thereof, and shall not be deemed to fonn part of an adjacent lot for the purpose of comput- ing the area thereof available for building purposes. 42. Lot Area and Size Exceptions Where, at the time of coming into effect of these Regulations, one or more lots already exist in any residential zone, with insufficient frontage or area to permit the owner or purchaser of such a lot or lots to comply with the provisions of these Regulations, then these Regulations shall not prevent the issuing of a permit by the Authority for the erection of a dwelling thereon, Pa11 II - Gllllual Development SlalldtPds Page 16 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. 43. Lot Frontage Except where specifically provided for in the Use Zone Tables in Schedule C of these Regulations, no residential or commercial building shall be erected unless the lot on which it is situated fronts directly onto a street or fonns part of a Comprehensive Development Scheme. 44. Mobile Homes (1) Groups of more than five mobile homes shall be located only in approved mobile home parks and mobile home subdivisions in Residential Use Zones so designated and shall conform to the requirements of the Provincial Mobile Home Development Regu- lations currently in effect. (2) No development pennit shall be issued for a mobile home lot unless it conforms with the requirements of Regulation Z3 of the Mobile Home Development Regulations. 45. Non-Conforming Uses (1) Any legal use of buildings or land at the date of the coming into effect of these Regulations may although not confonning with the Regulat· ions of the Use Zone in which they are located: (a) be continued, or; (b) be changed to another non-confonning use if after notice of an application to change the use has been given in accordance with Regulation 22 and consideration given to any objections or representations which may have been received on the matter, it is the Authority's opinion, that the new use is more com- patible with the permitted use(s) in the Use Zone in which the building is located. (2) A building, which is legally used for a purpose not permissible within the zone in which it is located, shall not be enlarged, extended, reconstructed, or altered structurally, unless such building is thereafter to be used for a purpose permitted within that zone, provided that: Plllt n · Getlmll Developnllllll StaNltud.s Page 17 (a) the interior of such building may be permitted by the Authority to be reconstructed or altered, in order to render it more convenient or commodious for the same purpose for which such building is legally used; (b) any building which at the date of the coming into effect of these Regulations is being used in a zone where such use is not permissible may be permitted by the Authority to be altered structurally or extended by not more than fifty percent of its original floor area if such alterations or extensions conform to all the requirements of these Regulations except those per- taining to land use, and are confined to the existing lot. (3) A building which is legally used for any purpose but which does not conform to the Regulations of the Use Zone in which it is located, and which subsequently suffers damage or deterioration to an extent greater than fifty percent of its replacement value, excluding land, shall not be reconstructed except in conformity with the Regulations for the Use Zone in which such building is located, provided that: (a) the owner of such building may within one year of such damage taking place make application to the Authority for a permit to reconstruct the building for the same purpose for which it was legally used. (b) the Authority shall before the expiration of sixty (60) days from the day on which a complete application is received to construct such a building: (i) serve a notice of expropriation in accordance with the Act, or; (ii) indicate its willingness to issue a permit to develop providing that the reconstruction of the building con- forms to all the requirements of these Regulations except those pertaining to land use, and that any such development takes place within the existing curtilage of the lot. Part II - General Development Standards Page 18 46. Offensive and Dangerous Uses No building or land shall be used for any purpose which may be dangerous by causing or promoting fires or other hazards or which may emit noxious, offensive or dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any nuisance that has an unpleasant effect on the senses unless its use is authorized by the Authority and any other authority having jurisdiction. 47. Offstreet Parking Requirements (1) For every building, structure or use to be erected, enlarged or established, there shall be provided and maintained a quantity of off. street parking spaces sufficient to ensure that the flow of traffic on adjacent streets is not impeded by the on-street parking of vehicles associated with that building, structure or use. (2) The number of parking spaces to be provided for any building, structure, use of occupancy shall conform to the standards set out in Schedule D of these Regulations. (3) Each parking space, except in the case of one or two-family dwellings, shall be made accessible by means of a hard surfaced right-of-way at least 3 m in width. Parking required in a Residential Zone shall be provided on the same lot as the dwelling or dwellings. Parking space for apartments shall be provided in the rear yard where possible. In a Non-Residential Zone, parking spaces shall be provided within the limits of the zone in which the use is situated and not more than 200 m distant from the use concerned. (4) The parking facilities required by this Regulation shall, except in the case of single or attached dwellings, be arranged so that it is not necessary for any vehicle to reverse onto or from a street. (5) Where, in these Regulations, parking facilities for more than four vehicles are required or permitted: (a) parking space shall mean an area of land, not less than 15 m2 in size, capable of being used for the parking of a vehicle without the need to move other vehicles on adjacent areas; Pan II - General Development Standards Page 19 (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 attend- ants 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 rn 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 provi- sion and upkeep of alternative parking facilities within the general vicinity of the development. 48. Off·Street Loading Requirements (1) For every building, structure or use to be erected, enlarged or established requiring the shipping, loading or unloading of animals, goods, wares or merchandise, there shall be provided and maintained for the premises loading facilities on land that is not part of a street comprised of one or more loading spaces, 15 m long, 4 m wide, and having a vertical clearance of at least 4 m with direct access to a street or with access by a driveway of a minimum width of 6 m to a street. Pll!t ll - Gmutll Devdopment Standards (2) The number of loading spaces to be provided shall be determined by the Authority. (J) The loading facilities required by this Regulation shall be so arranged that vehicles can manoeuvre clear of any street and so that it is not necessary for any vehicle to reverse onto or from a street. 49. Parks and Playgrounds, and Conservation Uses Nothing in these Regulations shall prevent the designation of conservation areas or the establishment of parks and playgrounds in any zones provided that such parks and playgrounds are not located in areas which may be hazardous to their use and are not operated for commercial purposes. SO. 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 Regulatiom shall then apply to that application. The provision of adequate and suitable landscaping or screening may be made a condition of any development permit where, in the opinion of the Authority, the landscaping or screening is desirable to preserve amenity, or protect the environment. 51. Services and Public Utilities The Authority may within any zone permit land to be used in conjunction with the provision of public services and public utilities if the use of that land is necessary to the proper operation of the public service or public utility concerned provided that the design and landscaping of any development of any land so used is, in the opinion of the Authority, adequate to protect the character and appearance of the area. 52. Service Stations The following requirements shall apply to all proposed service stations: (a) All gasoline pumps shall be located on pump islands designed for such purpose, and to which automobiles may gain access from either side. (b) Pump islands shall be set back at least 4 metres from the front lot line. Ptut II - GD1erol Development S1411"4rds Page 21 (c) Accesses shall not be less than 7 metres wide and shall be clearly marked, and where a service station . is located on a comer lot, the minimum distance between an access and the intersection of street lines at the junction shall be 10 metres and the lot line between entrances shall be clearly indicated. 53. Side Yards A sideyard which shall be kept clear of obstruction shall be provided on the exposed sides of every building in order to provide access for the maintenance of that building. 54. Street Construction Standards A new street may not be constructed except in accordance with and to the design and specifications laid down by the Authority. SS. Subsidiary Apartments Subsidiary apartments may be permitted in single dwellings only, and for the purposes of calculating lot area and yard requirements, shall be considered part of the self-contained dwelling. 56. Unsubdivided Land Development is not permitted on unsubdivided land unless sufficient area is reserved to satisfy the yard and other allowances called for in the Use Zone in which it is located and the allowances shall be retained when the adjacent land is developed. 57. Zero Lot Line and Other Comprehensive Development The Authority may, at its discretion, approve the erection of dwellings which are designed to fonn part of a zero lot line development or other comprehen- sive layout which does not, with the exception of dwelling unit floor area, meet the requirements of the Use Zone Table in Schedule C, provided that the dwellings are designed to provide both privacy and reasonable access to natural daylight and the overall density within the layout conforms to the regulations and standards set out in the Use Zone Table apply where the layout adjoins other development. Part III - Adverlisemems Page 22 PART III -ADVERTISEMENTS 58. Permit Required Subject to the provisions of Regulation 63, no advertisement shall be erected or displayed in the Planning Area unless a permit for the advertisement is first obtained from the Authority. 59. Form of Application Application for a permit to erect or display an advertisement shall be made to the authority in accordance with Regulation 16. 60. Advertisements Prohibited in Street Reservation No advertisement shall be permitted to be erected or displayed within, on or over any highway or street reservation. 61. Permit Valid for Limited Period A permit granted under these Regulations for the erection or display of an advertisement shall be for a limited period, not exceeding two years, but may be renewed at the discretion of the Authority for similar periods. 62. Removal of Advertisements Notwithstanding the provisions of these Regulations, the Authority may require the removal of any 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. 63. Advertisements Exempt from Control The following advertisements may be erected or displayed in the Planning Area without application to the Authority: (a) on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 m2 in area; (b) on an agricultural holding or farm, a notice board not exceeding 1 m2 in area and relating to the operations being conducted on the land; ( c) on land used for forestry purposes, signs or notices not exceeding 1 m2 in area and relating to forestry operations or the location of logging operations conducted on the land; Part III - Advertisemems Page 23 (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 mz in area in connection with the practice of a profes- sional 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. 64. Approval Subject to Conditions A permit may only be issued for the erection or display of advertisements which comply with the appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these Regulations. 65. Non-Conforming Uses Notwithstanding the provisions of Regulation 58, a permit may be used for the erection or display of advertisements on a building or within the curtilage of a building or on a parcel of land, the use of which is a non conforming use, provided that the advertisement does not exceed the size and type of advertisement which could be permitted if the development was in a Use Zone appropriate to its use, and subject to any other conditions deemed appropriate by the Authority. P1111 W - Subd.ivisio11 of Land Page 24 PART IV - SUBDMSION OF IAND 66. Permit Required No land in the Planning Area shall be subdivided unless a permit for the development of the subdivision is first obtained from the Authority. 67. Senices to be Provided No permit shall be issued for the development of a subdivision unless provisions satisfactory to the Authority hav111 been made in the application for a supply of drinking water, a properly designed sewage disposal system, and a properly designed storm drainage system. 68. Payment or Senice Levies and Other Charges No permit shall be issued for the development of a subdivision until agreement has been reached for the payment of all fees levied by the Authority for connection to services, utilities and streets deemed necessary for the proper development of the subdivision, and all service levies and other charges imposed under Regulations 12 and 13. 69 Issue or 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 consider- ing an application, the Authority shal~ 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; 0) prevailing winds; (k) visual quality; Part IV - Subdivision of Land (1) community facilities; (m) energy conservation; (n) such other matters as may affect the proposed development. 70. Building Permits Required Notwithstanding the approval of a subdivision by the Authority, a separate building permit shall be obtained for each building proposed to be erected in the area of the subdivision. and no building permit for any building in the area shall be issued until the developer has complied with all the provisions of these -Regulations with respect to the development of the subdivision. 7L Form or Application Application for a permit to develop a subdivision shall be made to the Authority in accordance with Regulation 16. 72. Subdivision Subject to Zoning The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the Zoning Maps. 73. Building Lines The Authority may establish building lines for any subdivision street and require any new building to be located on such building lines. 74. Land for Public Open Space (1) Before a development commences, the developer shall, if required, dedicate to the Authority, at no cost to the Authority, an area of land equivalent to not more than 10% of the gross area of the subdivision or 25 m2 for every dwelling unit pennitted in the subdivision, which- ever 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 detennine; Part W - Subdivision of Land Po.gr. 26 (c) the location and suitability of any land dedicated under the provisions of this Regulation shall be subject to the approval of the Authority but in any case, the Authority shall not accept land which, in its opinion is incapable of development for any purpose; (d) the Authority may accept from the developer in lieu of such area or areas of land the payment of a sum of money equal to the value of the land which would otherwise be required to be dedicated; ( e) money received by the Authority in accordance with Regulation 74(1)(d) above, shall be reserved by the Authority for the purpose of the acquisition or development of land for public open space or other public purpose. (2) Land dedicated for public use in accordance with this Regulation shall be conveyed to the Authority and may be sold or leased by the Authority for the purposes of any development that conforms with the requirements of these Regulations, and the proceeds of any sale or other disposition of land shall be applied against the cost of acquisition or development of any other land for the 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 74(1). 75. Structure in Street Reservation The placing within any street reservation of any structure (for example, a hydro pole, telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the prior approval of the Authority which shall be satisfied on the question of safe construction and relationship to the adjoining buildings and other structures within the street reservation. POl1 IV· Subdivision of Land Page 27 76. Subdivision Design Standards No permit shall be issued for the development of a subdivision under these Regulations unless the design ·of the subdivision conforms to the following standards: (a) The finished grade of streets shall not exceed 10 percent. (h) 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) New subdivisions shall have street connections with an existing street or streets. (g) All street intersections shall be constructed within 5- of a right angle and this alignment shall be maintained for 30 m from the intersection. (h) . No street intersection shall be closer than 60 m to any other street intersection. (i) No more than four streets shall join at any street intersection. G) No residential street block shall be longer than 490 m between street intersections. (k) Streets in residential subdivisions shall be designed in accordance with the approved standards of the Authority, but in the absence of such standards, shall conform to the following minimum standards: Part W - Subdivision of Land Page 28 Type of Street Street Pavcmc:rit Sidewalk Sidewalk Rescrvatioo Width Width Number Anerial Streets 30m 1Sm 1.Sm discretioo of Cowu::il Collector Streets :ZOm lSm 1.S m 2 Local Residential Streets: where more lhall 50% of 15m 9m 1.5m 1 the UDits are single or double dwclliop; where S0% or more of :ZOm 9m 1.5 m 2 the UDits arc row houses or apart.meats. Semce Streets 15111 9m 1.Sm diseretiott of Co1111c:il (1). 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 architec· tural feature or part thereof to be retained when a subdivision is developed. (o) Land shall not be subdivided in such a manner as to prejudice the development of adjoining land. 77. Engineer to Design Works and Certify Construction Layout (1) . Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers and all appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other utilities deemed necessary by the Authority to service the area proposed to be developed or subdivided shall be designed and prepared by or approved by the Engineer. Such designs and specifications shall, upon approval by the Authority, be incorporated in the plan of subdivision. .(2) Upon approval by the Authority of the proposed subdivision, the Engineer shall certify all work of construction layout preliminary to the construction of the works and thereupon the developer shall proceed to the construction and installation, at his own cost and in accordance with the approved designs and specifications and the construction layout certified by the Engineer, of all such water mains, hydrants, - Pllll IV - Subdivision of Land . Page 29 sanitary sewers and all appurtenances and of all such streets and other works deemed necessary by the Authority to service the said area. 78. Developer to Pay Engineer's Fees and Charges The developer shall pay to the Authority all the Engineer's fees and charges for the preparation of designs and specifications and for the layout and supervision of construction; such fees and charges being percentages of the total cost of materials and labour for the construction and installation of all works calculated in accordance with the Schedule of Fees recommended by the Association of Professional Engineers of Newfoundland and in effect at the time the work is carried out. 79. Street Works May Be Deferred The construction and installation of all curbs and gutters, catch basins, sidewalks and paving specified by the Authority as being necessary, may, at the Authority's discretion, be deferred until a later stage of the work on the development of the subdivision but the developer shall deposit with the Authority before approval of his application, an amount estimated by the Engineer as reasonably sufficient to cover the cost of construction and installation of the works. In the later stage of the work of development, the Authority shall call for tenders for the work of construction and installation of the works, and the amount so deposited by the developer shall be applied towards payment of the contract cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the amount of the excess. If the contract price is less than the deposit, the Authority shall refund the amount by which the deposit exceeds the contract price. Any amount so deposited with the Authority by the developer shall be placed in a separate savings account in a bank and all interest earned thereon shall be credited to the developer. 80. Transfer of Streets and Utilities to Authority (1) The developer shall, following the approval of the subdivision of land and upon request of the Authority, transfer to the Authority, at no cost Plllt IV· Subdivision of Lorad Pogtt 30 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 an storm drainage systems installed in the subdivision that are normally owned and operated by the Authority. (2) Before the Authority shall accept the transfer of lands, services or public works of any subdivision, the Engineer shall, at the cost to the developer, test the streets, services and public works installed in the subdivision and certify his satisfaction with their installation. (3) The Authority shall not provide maintenance for any street, service or public work in any subdivision until such time as such street, service or public work has been transferred to and accepted by the Authority. 81. Restriction OD Sale or Lots The developer shall not develop or dispose of any lot within a subdivision for the purposes of development and no building pennit 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. 82. Grouping of Buildings and Landscaping (1) Each plan of subdivision shall make provision for the grouping of building types and for landscaping in order to enhance the visual aspects of the completed development and to make the most use of existing topography and vegetation. (2) Building groupings, once approved by the Authority, shall not be changed without written application to and subsequent approval of the Authority. Pan V - Use Zones Page 31 PART V - USE ZONES 83. Use Zones (1) For the purpose of these Regulations, the Planning Area is divided into Use Zones which arc shown on the Zoning Map attached to and forming part of these Regulations. (2) Subject to Regulation 83(3), the permitted use c:lasses, discretionary use classes, standards, requirements and conditions applicable to each Use Zone are set out in the Use Zone Tables in Schedule C of these Regulations. (3) Where standards, requirements and conditions applicable in a Use Zone are not set out in the Use Zone Tables in Schedule C, the Authority may in its discretion, determine the standards, requirements and conditions which shall apply. 84. Use Classes The specific uses to be included in each Use Cass set out in the Use Zone Tables in Schedule C shall be determined by the Authority in accordance with the classification and examples set out in Schedule B. 85. Permitted Uses Subject to these Regulations, the uses that fall within the Permitted Use aasses set out in the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that Use Zone. 86. Discretionary Uses Subject to these Regulations, the uses that fall within the Discretionary Use aasses 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 bas given notice of the application in accordance with Regulation 22 and bas considered any objections or representations which may have been received on the matter. Pall V - Use :zones Pap32 87. Uses Not Permitted Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone. Sdtcdule A - Dejillilions Pagt 1 SCHEDULE A DEFINITIONS ACCESS: A way, intended for use by vehicles, pedestrians or animals as a means of going from a road, street or highway to land adjacent to it. ACCESSORY BUILDING: A detached subordinate building not used for human habitation, located on the same lot as the ma.in building structure or use to which it is accessory, the use of which is naturally or customarily incidental and comple- mentary to the main use of the building. land or structure, and shall include: (a) in the case of residential uses: domestic garages, carports, ramps, sheds, swimming pools, greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for domestic pets, or radio and television antennae; (b) in the case of commercial uses: workshops or garages; (c) in the case of industrial uses: garages, offices, raised ramps and docks. ACT: The Urban and Rural Planning Act. ADVERTISEMENT: Any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction; excluding such things employed wholly as a memorial, or functional advertisement of Councils, or other local authorities, public utilities and public transport undertakers, and including any boarding or similar structure used or adapted for use for the display of advertisements. AGRICULTURE: Horticulture, fruit growing, grain growing, seed growing, dairy farming, the breeding or rearing of livestock, including any creature kept for the production of food, wool, skins, or fur, or for the purpose of its use in the fanning of land, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds and the use of land for woodlands where that use is ancillary to the farming of land for any other purpose. "Agricultural" shall be construed accordingly. Pa~4 DIRECTOR: The Director of Urban and Rural Planning. DOUBLE DWELLING: A building containing two dwelling units, placed one above the other, or side by side, but does not include a self-contained dwelling containing a subsidiai:y apanment DWELLING UNIT: A self-contained unit consisting of one or more habitable rooms used or designed as the living quarters for one household. ENGINEER: A professional engineer employed or retained by the Authority. FAMILY AND GROUP CARE CENTRE: A dwelling accommodating up to but no more than six ( 6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this definition includes, but is not limited to, the facnities called "Group Homes", "Halfway House", and "Foster Home". FLOOR AREA: The total area of all floors in a building measured to the outside face of exterior walls. FRONTAGE: The horizontal distance between side lot lines measured at the building line. FRONT YARD DEPTH: The distance between the front lot line of a lot and the front wall of the main building on the lot. GARAGE: A building erected for the storage of motor vehicles as an ancillary use to a main building on the lot. GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up, demolishing, or treating any article, commodity or substance. "Industry" shall be construed accordingly. Schedule A - Definitions Page 5 GENERAL GARAGE: Land or buildings used exclusively for repair, maintenance and storage of motor vehicles and may include the sale of gasoline or diesel oil. HAZARDOUS INDUSTRY: The use of land or buildings for industrial purposes involving the use of materials or processes which because of their inherent characteristics, constitute a special fire, explosion, radiation or other hazard. INSPECTOR: Any person appointed and engaged as an Inspector by the Authority or by any federal or provincial authority or the agent thereof. INSTITUTION: A building or part thereof occupied or used by persons who: (a) are involuntarily detained, or detained for penal or correctional purposes, or whose liberty is restricted, or; {b) require special care or treatment because of age, mental or physical limitations or medical conditions. LAND: Includes land covered by water, and buildings and structures on, over, or under the soil and fixtures that form part of these buildings and structures. LIGHT INDUSTRY: Use of any land or buildings for any general industrial use that can be carried out without hazard or intrusion and without detriment to the amenity of the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance. LOCAL STREET: A street designed primarily to provide access to adjoining land and which is not designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map. LODGING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons_ other than the immediate family of the owner or tenant. LOT: Any plot, tract or parcel of land which can be considered as a unit of land for a particular use or building. Schedule B Page 6 CLASSIFICATION OF USES OF LAND AND BUILDINGS . GROUP DMSION CLASS EXAMPLCS G. NON· 1. Uses not directly (h) Solid Waste Solid Waste BUll.DING related to building. Disposal USES (continued) · Sanitary Land Fill (continued) Incinerators (i) A.oimal Animal Pounds Ke1111cls Zoos (J) Alltcnaia TV, Radio and CommunieatiDllS Transmitting and Receiving Masts andAllteanac (k) Transportation Airfields Railway Yards Doc:l:s and Harbours I I I I I I Schedule C Page C-1 SCHEDULE "C" USE ZONE TABLES NOlE This schedule contains tables showing the use classes which may be permitted or which may be treated as discretionary uses classes for the purposes of these Regulations. The tables also indicate the required standards of development and may also include conditions affecting some or all of the use classes. The schedule contains tables for the following Use Zone: Residential Medium Density ............................ 2 Residential Low Density ............................... 6 Comprehensive Development Area . . . . . . . . . . . . . . . . . . . . . . 10 Commercial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Mixed Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Industrial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Recreational Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Rural Resource . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Environmental Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Schedll/e C Page C-2 USE ZONE TABLE ZONE TITLE RESIDENTIAL MEDIUM DENSITY (EN GLEE) PERMITfED USE CLASSES - (see Regulation 85) Single dwelling, double dwelling, recreational open space. DISCRETIONARY USE CLASSES· (see Regulations 22 and 86) Apartment building, row dwelling, boarding house residential, convenience store, medical and professional, personal service, childcare, antennae, cultural and civic, place of worship, office, mobile home. STANDARDS WHERE PERMITTED Single Double Row APARTMENT BUILDING Dwelling Dwelling Dwelling 1 2 3 4 Bed Bed Bed Bed Apt. Apt. Apt. Apt. Lot area (m') minimum 450 390 350 200 250 280 300 - - - - - - (average) Floor area (m') minimum 80 80 65 40 50 60 70 - - - - - - Frontage (m) minimum 15 26 12 - 42 (average) Building Line Setback (m) 6 6 8 10 (minimum) Building Line Setback (m) 30 30 30 30 (maximum) Sideyard Width (m) 1.5 1.5 1.5 5 (minimum) Rearyard Depth ( m) 9 9 9 9 (minimum) Lot Coverage ( % ) 33 33 33 33 (maximum) Height (m) 8 8 10 10 (maximum) (See Conditions) - Per dwelling unit Schedule C Page C-3 CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 2. Convenience Stores Convenience stores will only be permitted as a discretionary use under the following conditions: (i) The store shall form part of, or be attached to a single dwelling. (ii) The retail use shall be subsidiary to the residential character of the area, and shall not affect residential amenities of adjoining properties. (iii) Not more than twenty-five (25) percent of the total floor area of the dwelling up to a maximum of forty-five ( 45) square metres is devoted to the use. The minimum required single dwelling floor area shall continue to be met. (iv) A minimum number of 2 parking spaces shall be required. 3. Medical & Professional, Personal Service, and Office (Home Based Business) Medical and professional, personal service, and office uses may be permitted as a discretionary use in a single dwelling in the form of doctors' consulting rooms, personal services, small business services, small appliance repair and sporting goods repair service and similar developments provided that: (i) The use is clearly a subsidiary use to the residential use and does not detract from the residential character of the neighbourhood. (ii) The use does not alter the residential appearance or require external modification of the dwelling unit. (iii) Activities associated with the use shall be carried on inside the dwelling unit or inside a building separate from the dwelling unit but on the same lot. (iv) Not more than twenty-five percent of the floor area of the dwelling unit up to a maximum of forty-five square metres is devoted to the use. The dwelling unit must continue to meet the dwelling unit minimum floor area requirement. (v) The use is operated by a resident of the dwelling unit and does not employ more than one person in addition to the resident. (vi) Office uses shall be limited to small business services and professional offices. Schedule C Page C-4 Conditions for Residential Medium Density (cont'd) (vii) There is no open storage of goods or materials on the lot. (viii) The use shall not generate traffic, sewerage or water use in excess of what is normal in the residential area and can be accommodated by the existing municipal road, water and sewer services. (ix) Activities associated with the use are not hazardous and do not cause noticeable noise, odour, dust or fumes, nor cause electrical interference or in any other way result in a nuisance to the occupants of surround- ing residences. (x) No sign will be permitted other than a name plate not exceeding 0.2 m in area which is attached to the principal building. No illumination of the sign will be permitted. (xi) The Authority may require fencing, screening or separation to protect the amenity of adjacent uses. (xii) Parking requirements are as set out in Schedule D, however a minimum of one space is required for a home occupation. The minimum required parking for the dwelling must continue to be met. (xiii) The residential lot has sufficient area to accommodate the parking requirements of both the dwelling unit and the home occupation use. (xiv) No change in type, class or extent of the use shall be permitted except in accordance with a permit issued by the Authority. 4. Accessory Buildings Accessory buildings shall have a total lot coverage no greater than 7% or a maximum floor area of 55 m2 whichever is the lesser and a height of no more than 3 metres. Accessory buildings shall be located in the rear or sideyard and shall be a minimum of 3 metres from the nearest part of a main building and a minimum of 1 metre from a side or rear lot line. 5. Services Development with plumbing shall be connected to municipal water and sewer services where available. 6. Access The frontage of each lot shall be on a publicly owned and maintained street and access to the lot must be obtained from the street. 7. Height "Height" means the height of a building measured as the vertical distance between the ground level and (a) the highest point of the roof surface of a flat roof; Schedule C Page C-5 Conditions for Residential Medium Density (cont'd) (b) the deck line of a mansard roof; (c) the median level between eaves and ridge of a gable, gambrel or hip roof. Where the ground level of a lot occupied by a building varies, the Authority shall determine the ground level for the purpose of determining height. Schedule C Page C·6 USE ZONE TABLE ZONE TITLE RESIDENTIAL LOW DENSITY (EN GLEE) PERMITTED USE CLASSES · (see Regulation 85) Single dwelling, recreational open space and conservation. DISCRETIONARY USE CLASSES· (see Regulation 22 and 86) Double dwelling, place of worship, convenience store, medical and professional, office, personal services, antenna, child care, mobile home, boarding house residential, cultural and civic. STANDARDS USE CLASS Single Double Dwelling Dwelling Lot area (m') minimum SEE CONDITION # 2 Floor area (m') minimum 80 80 Frontage (m) minimum 20 35 Building Line Setback (m) 6 6 (minimum) Building Line Setback ( m) 30 30 (maximum) Sideyard Width (m) 3.0 3.0 (minimum) Rearyard Depth ( m) 14 14 (minimum) Lot Coverage ( % ) 33 33 (maximum) Height (m) 8 8 (maximum) (See Conditions) - Per dwelling unit Schedule C Page C-7 CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 2. Lot Size Subject to the requirements of the Department of Health and the Department of Environment and Lands, the area of land required per dwelling until shall be determined, in accordance with the water and sewer services available, as follows: (a) With a municipal piped water supply, and sewage disposal by septic tank and tilefield ................................ 1400 mz (b) With a well water supply and connection to a municipal sewer or to a private sewer discharging directly to the sea ............. 1400 m2 (c) With a well water supply and sewage disposal by septic tank and tilefield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1860 m2 Development at densities which require future water and sewerage services shall be prohibited. 3. Convenience Stores Convenience stores will only be permitted as a discretionary use under the following conditions: (i) The store shall form part of, or be attached to a single dwelling. (ii) The retail use shall be subsidiary to the residential character of the area, and shall not affect residential amenities of adjoining properties. (iii) Not more than twenty-five (25) percent of the total floor area of the dwelling up to a maximum of forty-five (45) square metres is devoted to the use. The minimum. required single dwelling floor area shall continue to be met. (iv) A minimum number of 2 parking spaces shall be required. 4. Medical & Professional, Personal Service, and Office (Home Based Business) Medical and professional, personal service, and office uses may be permitted as a discretionary use in a single dwelling in the form of doctors' consulting rooms, personal services, small business services, small appliance repair and sporting goods repair service and similar developments provided that: (i) The use is clearly a subsidiary use to the single dwelling and does not detract from the residential character of the neighbourhood. Schedule C Page C-8 Conditions for Residential Low Density (cont'd) (ii) The use does not alter the residential appearance or require external modification of the dwelling unit. (iii) Activities associated with the use shall be carried on inside the dwelling unit or inside a building separate from the dwelling unit but on the same lot. (iv) Not more than twenty-five percent of the floor area of the dwelling unit up to a maximum of forty-five square metres is devoted to the use. The dwelling unit must continue to meet the dwelling unit minimum floor area requirement. (v) The use is operated by a resident of the dwelling unit and does not employ more than one person in addition to the resident. (vi) Office uses shall be limited to small business services and professional offices. (vii) There is no open storage of goods or materials on the lot. (viii) The use shall not generate traffic, sewerage or water use in excess of what is normal in the residential area and can be accommodated by the existing municipal road, water and sewer services. (ix) Activities associated with the use are not hazardous and do not cause noticeable noise, odour, dust or fumes, nor cause electrical interference or in any other way result in a nuisance to the occupants of surround- ing residences. (x) No sign will be permitted other than a name plate not exceeding 0.2 m in area which is attached to the principal building. No illumination of the sign will be permitted. (xi) The Authority may require fencing, screening or separation to protect the amenity of adjacent uses. (xii) Parking requirements are as set out in Schedule D, however a minimum of one space is required for an accessory use. The minimum required parking for the dwelling must continue to be met. (xiii) The residential lot has sufficient area to accommodate the parking requirements of both the dwelling unit and the subsidiary use. (xiv) No change in type, class or extent of the use shall be permitted except in accordance with a permit issued by the Authority." 5. Accessory Buildings Accessory buildings shall have a total lot coverage no greater than 7% or a total floor area no greater than 55 m2 whichever is the lesser and a height of no more than 3 metres. Accessory buildings shall be located in the rear or sideyard and shall be a minimum of 3 metres from the nearest part of a main building and a minimum of 1 metre from a side or rear lot line. Schedule C Page C-9 Conditions for Residential Low Density Development (cont'd) 6. Services Development with plumbing shall be connected to municipal water and sewer services where possible. · 7. Access The frontage of each lot shall be on a publicly owned and maintained street and access to the lot must be obtained from the street. 8. Height "Height" means the height of a building measured as the vertical distance between the ground level and (a) the highest point of the roof surface of a flat roof; (b) the deck line of a mansard roof; (c) the median level between eaves and ridge of a gable, gambrel or hip roof. Where the ground level of a lot occupied by a building varies, the Authority shall determine the ground level for the purpose of determining height. 9. Garage or Carport A garage or carport may be built in a sideyard and in such case the sideyard may be reduced to 3 metres. Schedule C I'age C-10 USE ZONE TABLE ZONE TITLE COMPREHENSIVE DEVELOPMENT AREA (CDA-RES) (EN GLEE) PERMITIED USE CLASSES - (see Regulation 85) Conservation DISCRETIONARY USE CLASSES· (see Regulations 22 and 86) Agriculture, recreational open space, antenna. CONDITIONS l. Residential Development in the Comprehensive Development Area Development within the CD A-RES zone will not be permitted until an overall plan for the development of the area has been prepared and approved by Council. Standards set out in Part IV (Subdivision of Land) in these regulations shall apply to proposed development in the CDA-RES. An Amendment to the Development Regulations will be necessary before residential development proceeds in the CDA-RES. Schedule C Page c.11 USE ZONE TABLE ZONE TITLE COMMERCIAL (COMM) (EN GLEE) PERMITTED USE CLASSES - (see Regulation 85) Service station, commercial residential, catering, shop, passenger assembly, communications, general serviee, antenna, convenience store, light industry, personal serviee, indoor market, outdoor market, all use classes in the business and personal serviee use division, (except take out food services.) DISCRETIONARY USE CLASSES - (see Regulations 22 and 86) Take-out food service, amusement, general industry, recreational open space. CONDITIONS 1. Development Standards Lot area (minimum) ................................. . Frontage (minimum) ................................. . Building Line Setback (minimum) ....................... . Building Line Setback (maximum) ........................ . Sideyard Width (minimum) ............................ . Rearyard Depth (minimum) ............................ . Height (maximum) ................................... . 2. Discretionary Use Classes 450 m2 15 m 6m 30m Sm lOm lOm The discretionary use cla~ses listed in this table may be permitted at the discretion of the Authority provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 3. Advertisements Relating to Onsite Uses The conditioru which shall apply to the erection or display of an adver- tisement on any lot or site occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be as follows: (i) The size, shape, illumination and material construction of the advertisement shall meet the requirements of the Authority, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. (ii) No advertisement shall exceed 5 square metres in area. Schedule C Page C-12 Conditions for Commercial Development (cont'd) 4. Advertisements Relating to OITsite Uses The conditions to be applied to the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land. use, shall be as follows: (i) Each advertisement shall not exceed three square metres in area. (ii) When the advertisements relate to a specific land use, they shall be located within a reasonable distance of, and only show thereon the name and nature of the distance or direction to the premises to which they relate. (iii) The location, siting and illumination of each advertisement shall be to the satisfaction of the Authority, having regard to the grade and alignment of streets, the location of street junctions, the location of nearby buildings and the preservation of the amenities of the sur- rounding area. 5. Access The Authority may determine the location and number of accesses for a use. 6. Height "Height" means the height of a building measured as the vertical distance between the ground level and (a) the highest point of the roof surface of a flat roof; (b) the deck line of a mansard roof; (c) the median level between eaves and ridge of a gable, gambrel or hip roof. Where the ground level of a lot occupied by a building varies, the Authority shall determine the ground level for the purpose of determining height. 7. Municipal Services Development shall be connected to municipal water and sewer services where available. 8. Access The frontage of each lot shall be on a publicly owned and maintained street and access to the lot must be obtained from this street Schedule C Page C-13 USE ZONE TABLE ZONE TITLE MIXED DEVEWPMENT (MD) (EN GLEE) PERMITTED USE CLASSES - (see Regulation 85) Single dwelling, double dwelling, recreational open space. DISCRETIONARY USE CLASSES - (see Regulations 22 and 86) Cultural and civic, educational, place of worship, club and lodge, catering, child care, medical treatment and special care, row dwelling, apartment building, boarding house residential, commercial residential, mobile home, office, medical and professional, personal service, take-out food services, convenience store, service station, light industry, transportation, antennae. CONDITIONS 1. Development Standards - Residential Development Standards for the residential use class shall conform to those of the Residential Medium Zone on page 2. ~(1 "' J.-1 <1c _, '- "i 2. Development Standards - Non-residential Lot area (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450 m2 Frontage (minimum) .................................... 15 m Building line Setback (minimum) ........................... 6 m Building line Setback (maximum) .......................... 30 m Sideyard Width (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.5 m Rearyard Depth (minimum) ................................ 9 m Lot Coverage (maximum) ................................ 33 % Height (maximum) ....................................... 8 m 2. Discretionary Use Classes (i) The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. (ii) Maximum floor area of a non-residential use shall be 200 m2- (iii) The catering use class is limited to restaurants only. 3. Accessory Buildings Accessory buildings shall have a maximum total lot coverage of 7% or a maximum floor area of 55 m2 whichever is the lesser and a maximum height of 3.5 metres. Accessory buildings shall be located in the rearyard or sideyard Schedule C Page C-14 Conditions for Mixed Development (cont'd) and shall be a minimum of 3 metres from the nearest part of a main building and a minimum of 1 metre from a side and rear lot line. 4. Advertisements Relating to Onsite Uses The conditions which shall apply to the erection or display of an adver- tisement on any lot or site occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be as follows: (i) The size, shape, illumination and material construction of the advertisement shall meet the requirements of the Authority, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. (ii) No advertisement shall exceed 5 square metres in area. 5. Advertisements Relating to O!Tsite Uses The conditions to be applied to the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land use, shall be as follows: (i) Each advertisement shall not exceed three square metres in area. (ii) When the advertisements relate to a specific land use, they shall be located within a reasonable distance of, and only show thereon the name and nature of the distance or direction to the premises to which they relate. (iii) The location, siting and illumination of each advertisement shall be to the satisfaction of the Authority, having regard to the grade and alignment of streets, the location of street junctions, the location of nearby buildings and the preservation of the amenities of the sur- rounding area. 6. Municipal Services Development with plumbing shall be connected to municipal water and sewer services where available. 7. Access The frontage of each lot shall be on a publicly owned and maintained street and access to the lot must be obtained from this street. 8. Height "Height" means the height of a building measured as the vertical distance between the ground level and (a) the highest point of the roof surface of a flat roof; Schedule C Page C-15 Conditions for Mixed Development (cont'd) (b) the deck line of a mansard roof; (c) the median level between eaves and ridge of a gable, gambrel or hip roof. Where the ground level of a Jot occupied by a building varies, the Authority shall determine the ground level for the purpose of determining height. 9. Effects of Non-Residential Uses on Adjacent Residential Land Non-residential development shall be located and designed to minimize the effect of traffic, noise, signs, and lighting on adjacent residential areas. The Authority may refuse a non-residential development that may compro- mise amenity or safety of a residential use. 10. Screening & Buffers The Authority may require the provision of buffers or adequate screening between non-residential uses and adjacent residential uses in order to protect dwellings from noise, light, traffic, fumes, and unsightliness of development. 11. Convenience Stores Convenience stores will only be permitted as a discretionary use under the following conditions: (i) The store shall form part of, or be attached to a single dwelling. (ii) The retail use shall be subsidiary to the residential character of the area, and shall not affect residential amenities of adjoining properties. (iii) Not more than twenty-five (25) percent of the total floor area of the dwelling up to a maximum of forty-five (45) square metres is devoted to the use. The minimum required single dwelling floor area shall continue to be met. (iv) A minimum number of 2 parking spaces shall be required. 12. Medical & Professional, Personal Service, and Office (Home Based Business) Medical and professional, personal service, and office uses may be permitted as a discretionary use in a single dwelling in the form of doctors' consulting rooms, personal services, small business services, small appliance repair and sporting goods repair service and similar developments provided that: (i) The use is clearly a subsidiary use to the single dwelling and does not detract from the residential character of the neighbourhood. (ii) The use does not alter the residential appearance or require external modification of the dwelling unit. Schedule C Page C-16 Conditions for Mixed Development (cont'd) (iii) Activities associated with the use shall be carried on inside the dwelling unit or inside a building separate from the dwelling unit but on the same lot. (iv) Not more than twenty-five percent of the floor area of the dwelling unit up to a maximum of forty-five square metres is devoted to the use. The dwelling unit must continue to meet the dwelling unit minimum floor area requirement. (v) The use is operated by a resident of the dwelling unit and does not employ more than one person in addition to the resident. (vi) Office uses shall be limited to small business services and professional offices. (vii) There is no open storage of goods or materials on the lot. (viii) The use shall not generate traffic, sewerage or water use in excess of what is normal in the residential area and can be accommodated by the existing municipal road, water and sewer services. (ix) Activities associated with the use are not hazardous and do not cause noticeable noise, odour, dust or fumes, nor cause electrical interference or in any other way result in a nuisance to the occupants of surround- ing residences. (x) No sign will be permitted other than a name plate not exceeding 0.2 m in area which is attached to the principal building. No illumination of the sign will be permitted. (xi) The Authority may require fencing, screening or separation to protect the amenity of adjacent uses. (xii) Parking requirements are as set out in Schedule D, however a minimum of one space is required for an accessory use. The minimum required parking for the dwelling must continue to be met. (xiii) The residential lot has sufficient area to accommodate the parking requirements of both the dwelling unit and the subsidiary use. (xiv) No change in type, class or extent of the use shall be permitted except in accordance with a permit issued by the Authority." Schedule C Page C-17 USE ZONE TABLE ZONE TITLE INDUSTRIAL (IND) (EN GLEE) PERMITTED USE CLASSES · (see Regulation 85) General industry, light industry, transportation. DISCRETIONARY USE CLASSES· (see Regulations 22 and 86) Hazardous Industry. CONDITIONS 1. Development Standards (i) Minimum Building Line Setback ................... 6 metres (ii) Maximum Building Line Setback . . . . . . . . . . . . . . . . . . 30 metres (iii) Minimum Sideyard Width . . . . . . . . . . . . . . . . . . . . . . . . 3 metres (iv) Minimum Rearyard Depth . . . . . . . . . . . . . . . . . . . . . . . 10 metres 2. Advertisements Relating to Onsite Uses The conditions which shall apply to the erection or display of an adver- tisement on any lot or site occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be as follows: (i) The size, shape, illumination and material construction of the advertisement shall meet the requirements of the Authority, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. (ii) No advertisement shall exceed 5 square metres in area. 3. Advertisements Relating to OITsite Uses The conditions to be applied to the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land use, shall be as follows: (i) Each advertisement shall not exceed three square metres in area. (ii) When the advertisements relate to a specific land use, they shall be located within a reasonable distance of, and only show thereon the name and nature of the distance or direction to the premises to which they relate. (iii) The location, siting and illumination of each advertisement shall be to the satisfaction of the Authority, having regard to the grade and alignment of streets, the location of street junctions, the location of Schedule C Page C-18 Conditions for Industrial Development (cont'd) nearby buildings and the preservation of the amenities of the surround- ing area. 4. Municipal Services Industrial development shall not be permitted in this zone unless adequate services and fire-fighting capability designed to meet the needs of the particular industrial uses permitted, are available. 5. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 6. Buffer/Screens The Authority may require the provision of buffers or screens between industrial uses and incompatible uses in order to protect the existing or planned developments from noise, light, traffic, fumes and unsightliness. Schedule C l'age C-19 USE ZONE TABLE ZONE TITLE RECREATIONAL OPEN SPACE (ROS) (EN GLEE) PERMITTED USE CLASSES - (see Regulation 85) Recreational open space, conservation, and antenna. DISCRETIONARY USE CLASSES - (see Regulations 22 and 86) Outdoor assembly. CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. Schedule C Page C-20 USE ZONE TABLE ZONE TITLE RURAL RESOURCE (RR) (EN GLEE) PERMITTED USE CLASSES - (see Regulation 85) Forestry, agriculture, recreation open space, antenna, conservation. DISCRETIONARY USE CLASSES - (see Regulations 22 and 86) Outdoor assembly, general industry, light industry, single dwelling, veterinary, cemetery, mineral working, scrap yard, transportation, seasonal residential. CONDITIONS 1. Development Standards (i) Building Line Setback (minimum) ..................... 10 m (ii) Frontage (minimum) ............................... 30 m 2. Advertisements Relating to Onsite Uses The conditions which shall apply to the erection or display of an advertise- ment on any lot or site occupied by a use permitted or existing as a legal non- conforming use in this use zone, shall be as follows: (i) The size, shape, illumination and material construction of the advertisement shall meet the requirements of the Authority, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. (ii) No advertisement shall exceed 5 square metres in area. 3. Advertisements Relating to OtTsite Uses The conditions to be applied to the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land use, shall be as follows: (i) Each advertisement shall not exceed three square metres in area. (ii) When the advertisements relate to a specific land use, they shall be located within a reasonable distance of, and only show thereon the name and nature of the distance or direction to the premises to which they relate. (iii) The location, siting and illumination of each advertisement shall be to the satisfaction of the Authority, having regard to the grade and Schedule C Page .c-21 Conditions for Ruro/ Resource (cont'd) alignment of streets, the location of street junctions, the location of nearby buildings and the preservation of the amenities of the surround ing area. 4. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 5. Residential (i) A single dwelling is permitted only in conjunction with an agricultural use and where an onsite residence is necessary to the successful operation of the agriculture use. (ii) Minimum lot size for an agriculture use with a subsidiary single dwelling shall be 2 hectares. 6. Seasonal Residential Summer cottage'will be restricted to the saltwater coastline only, and must not be any closer than 2 km of any urban zone. 7. Industrial With respect to general industry and light industry use classes, the use may be permitted if the following conditions are met: (i) the proposed use is unsuitable for location in the urbanized areas because of extensive land requirements or outdoor storage; (ii) the use will not require municipal water and sewer services; (iii) where the Authority deems it necessary, the site shall be screened from all public roads and the built up-area, and all uses within the zone or adjacent zones; (iv) the site can be developed and the use carried out without negative impact on the environment and amenities of the community, including water courses and ponds. Schedule C Page C-22 Conditions for RuraJ Resource (cont'd) 8. Mineral Workings The following requirements shall be met: (i) Separation from Adjacent Uses From Existing or proposed Residential Development Any other developed area or area likely to be developed during the life of the pit or quarry working Public highway or street Waterbody or watercourse (ii) Water Pollution Minimum Distance of Pit or Ouarr.y Working 300 metres 150 metres 90 metres 50 metres No ntineral working or associated storm or sanitary drainage shall unaccept- ably reduce the quality of water in any waterbody or watercourse. Any access road to a pit or quarry working which crosses a brook or stream shall be bridged or culverted at the crossing in accordance with the Regulations of the Department of Environment and Lands. (iii) Water Ponding No ntineral working shall result in the excavation of areas below the level of the water table nor in any way cause the accumulation of ponding of water in any part of the site. Settling ponds may be permitted with the approval of the Department of Environment and Lands. (iv) Erosion Control No ntineral working shall be carried out in a manner so as to cause erosion of adjacent land. (v) Site Maintenance The ntineral working shall be kept clean of refuse, abandoned vehicles, and abandoned equipment and any derelict buildings. (vi) Access Roads During extended periods of shutdown, access roads to a mineral working shall be ditched or barred to the satisfaction of the Authority. (vii) Stockpiling Cover Material All stumps, organic material and topsoil, including the rusty coloured and iron stained layer, shall be stripped and stockpiled at least 5 metres from active quarry or stockpile areas. The owner or operator shall ensure that the quality of the topsoil is not affected by dilution with other materials. Schedule C Page C.23 Conditions for Rural Resource (cont'd) (viii) Operating Plant and Associated Processing and Manufacturing The Authority may permit processing and manufacturing use associated with mineral workings provided that, in the opinion of the Authority, the use does not create a nuisance nor is liable to become a nuisance or offensive by the creation of noise or vibration, or by reason of the emission of fumes, dust, dirt, objectionable odour, or by reason of unsightly storage of materials. (xi) All permanent or temporary buildings, plants and structures associated with processing and manufacturing will be located so as not to interfere with the present or future extraction of aggregate resources. (x) The Authority may specify a minimum separation distance between operating plant or associated processing and manufacturing structure or equipment and adjacent developed areas likely to be developed during the life of the mineral working. (xi) Termination and Site Rehabilitation Upon completion of the mineral working, the following work shall be carried out by the operation: (a) All buildings, machinery and equipment shall be removed. (b) All pit and quarry slopes shall be graded to slopes less than 20° or to the slope conforming to that existing prior to the mineral working. (c) Topsoil and any organic materials shall be respread over the entire quarried area. (d) The access road to the working shall be ditched or barred to the satisfaction of the Authority. (xii) If the mineral working contains reserves of material sufficient to support further extraction operations, the Authority may require the work described above to be carried out only in areas of the site where extraction has depleted aggregate reserves. (xiii) Screening for Mineral Workings A mineral working shall be screened in the following manner where it is visible from a public street or highway, developed area, or area likely to be developed during the life of the use: (a) Where tree screens exist between the use and adjacent streets or other land uses (excepting forestry and agriculture), the tree screens shall be retained in a 30-metre wide strip of vegetation so that visibility of any part of the use from the surrounding uses or streets will be prevented. The tree screens must be maintained by the owner or occupier of the use to retain 30 metres in a forested appearance. Where vegetation dies or is removed from the 30-metre strip, the Authority may require new trees of a minimum height of 1 metre be planted to fill in the areas affected to the satisfaction of the Authority. Schedule C Page C-24 Conditions for Rural Resource (cont'd) (b) Where no tree screens exist of sufficient width and density to constitute a visual screen, earthen berms shall be constructed to a height sufficient to prevent visibility of any part of the use from adjacent uses (excepting forestry and agriculture), or adjacent streets. The berms shall be landscaped to the Authority's satisfaction. 8. Fencing for Mineral Workings The Authority may require the mineral working site or excavated areas of a pit or quarry working, to be enclosed by a fence designed and constructed to its specifica- tions and no less than 1.8 metres in height. Schedule C Page C-25 USE ZONE TABLE ZONE TITLE ENVIRONMENTAL PROTECTION (EP·B) (EN GLEE) PERMITTED USE CLASSES - (see Regulation 85) Conservation DISCRETIONARY USE ClASSES - (see Regulations 22 and 86) Forestry, agriculture. CONDITIONS 1. Development Standards Development will not be permitted within 50 m of any freshwater body. ScheduleD Page 1 SCHEDULED OFF-STREET PARKING REQUIREMENTS 1. The offstreet parking requirements for uses in the various use classes set out in Schedule B shall be as set out in the following table. 2. In the case of developments including uses in more than one use class, these stand- ards shall be regarded as cumulative. 3. Adequate offstreet provision for drop-off and pick-up of persons shall be provided in developments where required, such as uses within the educations, passenger assembly, child care, medical treatment and special care, commercial residential and take-out food service use classes. G D R I 0 v u I Cl.ASS MJNIMUM OFF-STREET PARKING REQUIREMENT p s l 0 N A 1 (a) Tbcatre One space for every S seats. 2 (a) Cultural and One space for every SO square metres of gross floor areas. Civic (b) General One spaa: for every 10 square metres of grnss floor arca. Assembly (c) Educational Schools - 2 spaces for every class- room. Further education - 1 spaa: for every S persons using lhe facil· ities (students, faculty and staff). (d) Place of One spaa: for every 5 seats. Worship (e} Passenger As specified by lhe Authority. Asscmbly (I) Club and One space for every 3 persons lhat may be accommodated at one Lodge time. (g) C.atcring One space for every 3 customers that may be accommodated at one time. (h) Funeral Home One spaa: for every 10 square metres of grnss floor area. (i} Child Care One space for every 20 square metres of gross floor area. G) Amusement One space for every 10 square metres of gross floor area. 3 (a) Indoor One space for every 10 spectators that may be accommodated at Assembly one time. 4 (a) Outdoor As specified by the Authority. Assembly B 1 (a) Penal and As specified by lhe Authority. Correctional Detention c 2 (a) Medical One spaa: for every 2 patients. Treatment and Special Care 1 (a) Single Two spaces for every dwcll.i.og UmL Dwelling (b) Double Two spaces for every dwelling uniL Dwelling ( c) Row Dwelling Two spaces for every dwelling unit. G D R I 0 v u l CLASS MINIMUM OFF-S'TREET PARKING REQl.JIREMENT p s I 0 N (cl) Apartment Building Tbrcc spaces for every 2-dwclling units.. 2 (a) Collcctlve As specified by the Authority. Residential (b) Commercial One space for every guest room. Resideotial ( c) Seasonal One space for every residential unit. Rcsideotial (d) Mobile Home Two spaces for every dwelling unit. D 1 (a) omcc One snace for every 20 square metres of gross Door area. (b) Medical aod One space for every 20 square metres of gross Door area. Professional (c) Personal One space for every 20 square metres of p:oss floor area. Service (d) General One space for every 20 square metres of gross Door area. Service ( e) Comm uni- As specified by the Authority. cations (f) Police As specified by the Authority. Station (g) Taxi Stand As specified by the Authority. (h) Take-out One space for every 20 square metres of p:oss floor area. Food Service (i) Veterinary One space for every 20 square metres of p:oss floor area. E l (a) Shopping One space for every 15 square metres of gross floor area. Centre (b) Shop One space for every 20 square metres of gross Door area. (c) Indoor As spcc:ified by the Authority. Market (d) Outdoor As spcc:i1icd by the Authority. Market (e) Convenience One space for every 20 square metres of p:oss floor area. Stores F 1 (a) Hazardous One space for every employee. Industry 2 (a) General One space for every employee. Industry (b) Service One space for every 20 square metres of p:oss Door area. Station 3 (a) Light One space for every employee. llldustry I I MINISTER Dated al St John's This 11 Da.~.:-~ ~Nii< A~ ,J'] (i~--4~ ~~ Arthur D Reid j}\ - TOWN OF ENG LEE LANO USE ZONING MAP2 Environmental Protection .......................... ············ EP Rural Resource --- - -- - - - - - - - - - - - - - - - -RR Municipal Planning Area Boundary ......................... - - - --. t DATE· Sept 1995 GRID NORTH___..S.CALE~.t:~