Fermeuse, Newfoundland and Labrador
· adopted 2019-03-09
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Prepared for: Prepared by:
Date:
The Town of Fermeuse CBCL Limited
Fobruary 2017
Project #:
143129.00
CSC% LIMITED
SIGN
Mayor:
Clerk:
ND SEALED this ../la,44 day of
Development Reguiv:ions/Amend went
REGISTERED
Number _ISIS -- 2.012 - 00i
Date ZDL
Signature
Urban and Rural Planning Act
Resolution to Approve
Town of Fermeuse
-
Development Regulations, 2016
Under the authority of Section 16, section 17 and Section 18 fo the Urban and Rural Planning
Act 2000, the Town Council of Fermeuse
1)
adopted the Fermeuse Development Regulations 2016 on the day of irifelAsA_ L , 2017
2)
gave notice of the adoption of the Fermeuse Development Regulations, 2016 by
advertisement, inserted on the day sb
and the day of /3' , 2017
in the Irish Loop Post.
3)
set the ...Vs& day of
at Z:00 pm. at the Fermeuse Community Centre, for
the holding of a public searing to consider objections and submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000. The Town
Council of Fermeuse approves the Fermeuse Development Regulations as adopted.
-
-
. 2018.
M. Bishop, F. .I.P.
Urban and Rural Planning Act
Resolution to Adopt
Town of Fermeuse
2016
Under the authority of Section 16 of the Urban and Rural Planning Act 2000,
the Town Council of Fermeuse adopts the Fermeuse Development
Regulations 2016.
Adopted by the Town Council of Fermeuse on the 1,74-1,- day of garck,
2017.
Signed and sealed this /..51' aday of
, 2017.
-
Clerk: 4P(a s
71e.),Lz}-7
Canadian Institute of Planners Certification
I certify that the attached Development Regulations have been prepared in
accordance with the requirements of the Urban and Rural Planning Act
2000.
0 17.3
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Table of Contents
1
Application
1
1.1
Title
1
1.2
Interpretation
1
1.3 Commencement
1
1.4
Municipal Code and Regulations
1
1.5
Authority
1
1.6
Delegation of Authority
1
1.7
Provincial Development Regulations
1
2
Definitions
2
3
General Regulations
11
3.1
Permit to Develop Required
11
3.2
Compliance with Regulations
11
3.3
Decisions of Council
11
3.4
Permit to be Issued
11
3.5
Permit Not to be Issued in Certain Cases
12
3.6
Discretionary Powers
12
3.7
The Application
12
3.8
Register of Application
12
3.9
Deferment of Application
12
3.10 Approval in Principle
13
3.11 Approval
13
3.12 Development Permit
13
3.13 Revoke Permit
14
3.14 Public Notice
14
3.15 Licenses, Permits and Compliance with Other Bylaws
14
3.16
Right of Entry
15
3.17 Stop Work Order and Prosecution
15
3.18 Service Levy
15
3.19 Financial Guarantees by Developer
15
3.20 Dedication of Land for Public Use
16
3.21
Reinstatement of Land
16
3.22 Notice of right to appeal
16
3.23 Appeal requirements
16
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CBCL Limited
3.24 Appeal registration
17
3.25 Development prohibited
17
3.26 Hearing notice and meetings
17
3.27 Hearing of evidence
18
3.28 Board decision
18
3.29 Variances
18
3.30 Notice of variance
18
3.31
Residential non conformity
19
3.32 Notice and hearings on change of use
19
3.33 Non-conformance with standards
19
3.34 Discontinuance of non-conforming use
19
3.35 Delegation of powers
19
4
General Development Standards
20
4.1
Access and Service Streets
20
4.2
Accessory Buildings
20
4.3
Accessory Uses Permitted
20
4.4 Advertisements
20
4.5
Alterations to the Natural Environment
20
4.6
Archaeological Assessment
20
4.7
Buffer Strips
21
4.8
Building Height
21
4.9
Building Line and Setback
21
4.10 Landscaping and Screening
21
4.11
Lot Area
21
4.12 Lot Area and Size Exceptions
22
4.13 Lot Frontage
22
4.14 Non-Conforming Uses
22
4.15 Offensive and Dangerous Uses
22
4.16 Parks, Playgrounds, and Conservation Uses
22
4.17 Side Yards
22
4.18 Soils and Drainage
22
4.19 Soil Removal, Deposit and Site Grading
23
4.20 Storage and Screening of Refuse Containers
23
4.21 Watercourse Protection
23
4.22 Water Pressures/Fire Flows
23
11
CBCL Limited
5
Off-Street Parking and Loading
24
5.1
Parking Required
24
5.2
Parking Spaces
24
5.3
Parking Area Design Standards
24
5.4
Parking Access Specifications
25
5.5
Off-Street Loading Requirements
25
6
Signs
26
6.1
Permit Required
26
6.2
Provincial Highway Sign Regulations
26
6.3
Form of Application
26
6.4
Signs Prohibited in Street Reservation
26
6.5
Permit Valid for Limited Period
26
6.6
Removal of Signs
26
6.7
Signs Exempt from Control
26
6.8
Approval Subject to Conditions
27
6.9
Non-Conforming Uses
27
6.10 Prohibited Signs
27
6.11
General Standards for Signs
27
6.12
Sign Specifications
27
7
Subdivision of Land
28
7.1
Permit Required
28
7.2
Services to be Provided
28
7.3
Payment of Service Levies and Other Charges
28
7.4
Issue of Permit Subject to Considerations
28
7.5
Proposals for Subdivision of Land
28
7.6
Form of Application
29
7.7
Subdivision Subject to Zoning
29
7.8
Building Lines
29
7.9
Land for Public Open Space
29
7.10 Structure in Street Reservation
30
7.11 Development Agreement
30
7.12 Subdivision Design Standards
30
7.13 Cul de Sacs
31
7.14 Engineer to Design Works and Certify Construction Layout
31
7.15 Street Works May Be Deferred
31
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iii
7.16 Transfer of Streets and Utilities to the Town
31
7.17 Restriction on Sale of Lots
32
8
Special Developments
33
8.1
Bed and Breakfast Establishments
33
8.2
Convenience Stores
33
8.3
General Industry
33
8.4
Home Childcare
33
8.5
Home Occupation
33
8.6
Home Based Business in Accessory Buildings
34
8.7
Home Based Business
34
8.8
Service Stations
35
9
Use Zone Tables
36
9.1
Use Zones
36
9.2
Permitted Uses
36
9.3
Discretionary Uses
36
9.4
Prohibited Uses
36
9.5
Mixed Development (MD)
37
9.6
Marine Industrial (MI)
40
9.7
Conservation (CON)
42
9.8
Rural (RUR)
43
9.9
Protected Water Supply (PWS)
46
Appendices
A
Zoning Map
B
Provincial Development Regulations
C
Classifications of Land Uses and Buildings
1
iv
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al
Application
1.1
Title
These Regulations may be cited as the Town of Fermeuse Development
Regulations.
1.2
Interpretation
1) Words and phrases used in these Regulations shall have the meanings ascribed to
them in Section 2 of these Regulations.
2) Words and phrases not defined in these Regulations shall have the meanings which
are commonly assigned to them in the context in which they are used in the
Regulations.
1.3
Commencement
These Regulations come into effect through the Fermeuse Municipal Planning Area,
hereinafter referred to as the Planning Area, on the date of publication of a notice
to that effect in the Newfoundland and Labrador Gazette.
1.4
Municipal Code and Regulations
The National Building Code of Canada, Fire Code of Canada 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 Fermeuse shall, under these Regulations apply
to the entire Planning Area.
1.5
Authority
In these Regulations, "Authority" means the Council of the Town of Fermeuse.
1.6
Delegation of Authority
Where the term Council is referenced in these Regulations, Council may delegate
its authority to administer these Regulations or part thereof to an employee of
Council or an agent of Council by a resolution of Council.
1.7
Provincial Development Regulations
Provincial Development Regulations have been incorporated into the Fermeuse
Development Regulations and are marked as follows:
Provincial
Reg. X
Where there is a conflict between these regulations and the Provincial Regulations,
the Provincial Regulations shall apply. A complete copy of the Provincial
Development Regulations is attached in Appendix B.
Fermeuse Development Regulations
Application 1
fa
4I
2 Definitions
2.1
Access means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from street to adjacent or nearby land or to go from that
land to the street.
Provincial
Reg. 4(a)
2.2
Accessory Building means
a) A detached subordinate building not used as a
dwelling, located on the same lot, or on a lot
adjacent to the main building to which it is an
accessory, and which has a use that is customarily
incidental and complementary to, the main use of
the building or land (see illustration);
b) For 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;
Provincial
Reg. 4(b)
accessory building
main building
c) For commercial uses, workshops or garages; and
d) For industrial uses, garages, offices, raised ramps and docks.
2.3
Accessory Use means a use that is subsidiary to a permitted or discretionary use
and that is customarily expected to occur with the permitted or discretionary use.
2.4
Act means the Urban and Rural Planning Act, 2000.
2.5
Agriculture means horticulture, fruit, grain or seed growing, dairy farming, the
breeding or rearing of livestock, including any creature kept for the production of
food, wool, skins, or fur, or for the purpose of its use in the farming of land, the
use of land as grazing land, meadow land, 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. "Agriculture" shall be construed accordingly.
2.6
Appeal Board means the appropriate Appeal Board established under the Act.
2.7
Applicant means a person who has applied to an authority for an approval
or permit to carry out a development
2.8
Bed and Breakfast Establishment means a single dwelling unit in which the
resident supplies, for compensation, no more than 4 bedrooms for the temporary
accommodation of travelers.
Provincial
Reg. 4(c)
Provincial
Reg. 2(a)
Provincial
Reg. 2(b)
2
Definitions
CBCL Limited
building
height
AO
2.9
Building means
a) A structure, erection, alteration or improvement placed on, over or under
land, or attached, anchored or moored to land,
b) Mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar uses,
c) A part of, and fixtures on, buildings referred to in (a) and (b), and
d) An excavation of land whether or not that excavation is associated with the
intended or actual construction of a building or thing referred to in (a) or
(c).
2.10
Building Height means the vertical distance, measured in meters from the
established grade to the;
a) highest point of the roof surface of a flat roof;
b) deck line of a mansard roof;
c) mean height level between the eave and the ridge of a gable, hip or
gambrel roof;
d) and in any case, a building height shall not include mechanical structure,
smokestacks, steeples and purely ornamental structures above the roof.
Provincial
Reg. 4(d)
flat roof
mansard roof
gable roof
WO
WM
2.11
Building line means a line established by an authority that runs parallel to a
street line and is set at the closest point to a street that a building may be placed
(see lot frontage for illustration).
2.12
Convenience Store means a building used as a store that serves the primary
needs of the adjacent neighbourhood and includes the sale of magazine,
confectionary and grocery items, rental of video movies, and a delicatessen or
snack bar provided that any eating facility is within a wholly enclosed building.
2.13
Daycare Centre or Day Nursery means a building or part of a building in which
services and activities are regularly provided to children of pre-school age during
the full daytime period as defined under the Childcare Services Act, but does not
include a school as defined by the Schools Act.
Provincial
Reg. 4(e)
VD
Definitions 3
Fermeuse Development Regulations
2.14
Development means the carrying out of building, engineering, mining or other
operations in, on over, or under land, or the making of a material change in the
use, or the intensity of use of land, buildings, or premises and the;
a) Making of an access onto a highway, road or way,
b) Erection of an advertisement or sign,
c) Construction of a building,
d) Parking of a trailer, or vehicle used for the sale of refreshments or
merchandise, or as an office, or for living accommodation,
And excludes:
e) Carrying out of works for the maintenance, improvement or other
alteration of a building, being works which affect only the interior of the
building or which do not materially affect the external appearance or use of
the building;
f) Carrying out by a highway authority of works required for the maintenance
or improvement of a road, being works carried out on land within the
boundaries of the road reservation;
g) Carrying out by a local authority or statutory undertakers of works for the
purpose of inspecting, repairing or renewing sewers, mains, pipes, cables or
other apparatus, including the breaking open of street or other land for
that purpose; and
h) Use of a building or land within the courtyard of a dwelling house for a
purpose incidental to the enjoyment of the dwelling house as a dwelling.
2.15
Discretionary Use means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations.
2.16
Dwelling, Single Detached Unit means a self-contained unit consisting of one or
more habitable rooms used or designed as the living quarters for one household.
2.17
Dwelling, Double Unit (or Duplex) means a building containing two dwelling
units, placed one above the other, or side by side, but does not include a self-
contained dwelling containing a subsidiary apartment.
2.18
Dwelling, Townhouse means three or more dwelling units, each with a separate
entrance, constructed side by side and separated by common vertical walls.
2.19
Dwelling, Apartment Building means a building containing three or more
dwelling units, but does not include a row dwelling.
2.20
Engineer means a professional engineer employed or retained by the Authority.
2.21
Erect means to build, construct, reconstruct, alter or relocate and without
limiting the generality of the foregoing, shall include any preliminary physical
Provincial
Reg. 4(f)
4
Definitions
CBCL Limited
operation such as excavating, grading, piling, cribbing, filling or draining, or
structurally altering any existing building or structure by an addition, deletion,
enlargement or extension.
2.22
Established Grade means
a) Where used in reference to a
building, the average elevation of the
s,
finished surface of the ground where
it meets the exterior or the front of
that building, exclusive of any
artificial embankment or
entrenchment, or
b) Where used in reference to a
structure that is not a building, the
average elevation of the finished
grade of the ground immediately
surrounding the structure, exclusive of an artificial embankment or
entrenchment.
-
2.23
Existing means legally existing as of the effective date of these Regulations.
2.24
Floor Area means the total area of all floors in a building measured to the outside
face of exterior walls.
2.25
General Industry means 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.
111
2.26
General Garage means land or buildings used exclusively for repair, maintenance
and storage of motor vehicles and may include the sale of gasoline or diesel oil.
2.27
Home Occupation means an accessory use of a dwelling and/or accessory
building for gainful employment involving the provision or sale of goods and/or
services.
2.28
Inspector means any person appointed and engaged as an Inspector by the
Authority or by any federal or provincial authority or the agent thereof.
2.29
Land includes land covered by water, and buildings and structures on, over, under
the soil and fixtures that form part of those buildings and structures.
2.30
Landscaping means any combination of trees, shrubs, flowers, grass or other
horticultural elements, decorative stonework, paving, screening or other
architectural elements, all of which is designed to enhance the visual amenity of a
Provincial
Reg. 4(g)
highest elevation
established grade
lowest elevation
Provincial
Reg. 4(h)
Fermeuse Development Regulations
Definitions 5
property or to provide a screen between properties in order to mitigate
objectionable features between them.
2.31
Light Industry means 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.
2.32
Livestock means domestic animals such as cattle, poultry or horses raised for
home use or for profit.
2.33
Loading Space means an area of land provided for use for the temporary parking
of a commercial motor vehicle where merchandise or materials are loaded or
unloaded from the vehicles.
2.34
Lot means a plot, tract, or parcel of land which can be considered as a unit of
land for a particular use or building.
2.35
Lot Area means the total horizontal area within the lines of the lot.
2.36
Lot Coverage means the combined area of all buildings on a
lot measured at the level of the lowest floor above the
established grade and expressed as a percentage of the total
area of the lot.
Lot coverage = Area of A + Area of B
Lot area
2.37
Lot line means an outer boundary for a specific lot.
2.38
Lot line, Front means the line dividing a lot from the street. For a corner lot, the
shorter lot line adjacent to the street shall be deemed the front lot line and the
longer lot line abutting the street shall be deemed the flanking lot line.
Provincial
Reg. 4(j)
Provincial
inn Alte1
Provincial
Reg. 4(1)
2.39
Lot Frontage means the horizontal distance between side lot lines measured at
the building line (the distance between points A and B in illustration below).
2.40
Lot line, Rear means the lot line on the opposite side of the front lot line.
2.41
Lot line, Side means the lot lines perpendicular to the front and rear lot lines.
Provincial
Reg. 4(i)
6
Definitions
CBCL Limited
rear lot line
2.42
Lot line, Flanking means a lot line which
abuts the street on a corner lot.
side lot line
building line
- - - front lot line
street
side lot line
AO
2.43
Main Building means any building in which is carried on the principal purpose for
which the lot is used.
2.44
Marina means a dock or basin together with associated facilities where slips,
moorings, supplies, repairs, and other services that are typically available for
boats and other watercraft, including storage, sales and rentals, and may include a
club house.
2.45
Marine Service Centre means a facility that provides storage, repair and other
services to vessels.
2.46
Mineral Working means land or buildings used for the working or extraction of
any naturally occurring substance, including a pit or quarry.
2.47
Non-Conforming Use means a legally existing use that is not listed as a
permitted or discretionary use for the use zone in which it is located or which does
not meet the development standards for that use zone.
2.48
Owner means a person or an organization of persons owning or having the legal
right to use the land under consideration.
2.49
Permitted Use means a use that is listed within the permitted use classes set out
in the use zone tables of an authority's development regulations.
2.50
Prohibited Use means a use that is not listed in a use zone within the permitted
use classes or discretionary use classes or a use that an authority specifies as not
permitted within a use zone.
2.51
Public Use means any lands, structure or building which is constructed for use by
the general public, including but not limited to parks, playgrounds, trails, paths
and other recreational and open spaces, scenic and historic sites, publicly funded
Provincial
Reg. 4(m)
Provincial
Reg. 4(o)
110
Fermeuse Development Regulations
Definitions 7
buildings such as schools, hospitals, libraries and other public buildings and
structures.
2.52
Recreational Use means the use of land for parks, playgrounds, tennis courts,
lawn bowling greens, athletic fields, golf courses, picnic areas, swimming pools,
day camps, walking trails, and similar uses.
2.53
Restaurant means a building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public
with meals or refreshments for consumption on the
premises.
2.54
Screening means the method by which a view of one
site from another adjacent site is shielded, concealed or
hidden. The example on the right shows trees and fences
being used to screen a parking lot from public view.
i
screening
2.55
Service Station means any land or building used exclusively for the sale of
petroleum products, automotive parts and accessories, minor repairs, washing and
polishing of motor vehicles.
2.56
Shop means a building or part thereof used for retail trade wherein the primary
purpose is the selling or offering for sale of goods, wares or merchandise by retail
or the selling or offering for sale of retail services but does not include an
establishment wherein the primary purpose of the serving of meals or
refreshments, an amusement use, a general garage, or a service station.
2.57
Sign (or advertisement) means a word, letter, model, placard, board, device or
representation, whether illuminated or not, in the nature of or employed wholly or
in part for the purpose of advertisement, announcement or direction and excludes
those things employed wholly as a memorial, advertisements of local government,
utilities, and boarding or similar structures used for the display of advertisements.
2.58
Sign Area means the area of the smallest rectangle, circle, or semi-circle that can
enclose the surface area of the sign. Where a sign has two faces or more, the
maximum area is permitted for each of the two faces.
2.59
Street means a street, road, highway or other way designed for the passage of
vehicles and pedestrians, and which is accessible by fire department and other
emergency vehicles.
2.60
Street Line means the edge of a street reservation as defined by the Authority
having jurisdiction.
Provincial
Reg. 4(q)
Provincial
Reg. 4(t)
Provincial
Reg. 4(u)
8
Definitions
CBCL Limited
street right-of-way
2.61
Street Right-of-Way means a strip of
land between the street lines, acquired
by reservation, dedication or forced
dedication intended to be occupied by a
public street, road or highway.
2.62
Subdivision means the dividing of land,
whether in single or joint ownership,
into two or more pieces for the purpose
of development.
01
en
2.63
Subsidiary Apartment means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
2.64
Use means a building or activity situated on a lot or a development permitted on a
lot.
2.65
Use Zone or Zone means an area of land including buildings and water
designated on the Zoning Map to which the uses, standards and conditions of a
particular Use Zone Table apply.
2.66
Variance means a departure, to a maximum of 10% from the yard, area, lot
coverage, setback, size, height, frontage or any other numeric requirement of the
applicable Use Zone of the authority's regulations.
2.67
Watercourse means any lake, pond, river, stream or other body of water.
2.68
Wetland means the land usually or at any time occupied by water, where the
water table is at or is just above the surface of the land either permanently or
intermittently, depending upon the class of the wetland which includes bogs, fens,
marshes, swamps and shallow water zones along shorelines of bodies of water.
-
Provincial
Reg. 4(v)
Provincial
Reg. 4(x)
Fermeuse Development Regulations
Definitions
9
Provincial
Reg. 4(r)
Abutting Yard
Rear Yard
Abutting Yard
LL
-,
Provincial
Reg. 4(s)
Front Yard
2.69
Yard means an open uncovered space
on a lot appurtenant to a building
(except a court) and unoccupied by
buildings or structures except as
specifically permitted elsewhere in
these Regulations.
2.70
Yard, Rear means the distance
between the rear lot line and the rear
wall of the main building on a lot.
2.71
Yard, Side means the distance
between the side lot line and the
nearest side wall of a building on the
lot.
2.72
Yard, Front means the distance
between the front lot line of a lot and
the front wall of the main building on
the lot.
2.73
Yard, Flanking means the side yard of a corner lot bounded by the street.
2.74
Yard, Abutting means the yard of an abutting lot which shares a lot line of
subject property.
2.75
Zoning Map means the map or maps attached to and forming a part of the
authority's regulations.
Provincial
Reg. 4(z)
10 Definitions
CBCL Limited
3 General Regulations
3.1
Permit to Develop Required
No person shall carry out any development within the Planning Area except where
-
otherwise provided in these Regulations unless a permit for the development has
been issued by the Council.
PR 3.2
Compliance with Regulations
Development shall be carried out and maintained within the Planning Area in
accordance with the Municipal Plan, these Regulations, conditions stated in a
OP
Development Approval, and any other by-law or regulation enacted by the
Authority.
"
3.3
Decisions of Council
Decisions made by Council with respect to a permit required by these Regulations
shall be made in writing, and state the reasons for a refusal of, or conditions
11
attached to a permit. Council shall also advise the person to whom the decision
applies of their right to appeal, in accordance with Section 42 of the Act and the
requirements of Section 3.22 of these Regulations.
3.4
Permit to be Issued
Subject to Regulations 3.5 and 3.6, a permit shall be issued for development within
the Planning Areas that conforms to:
a) The policies expressed in the Municipal Plan and any further scheme, plan,
-
or regulation pursuant thereto;
b) The general development standards set out in Section 4 of these
Regulations, the requirements of Section 8, and the use classes, standards,
"
requirements, and conditions prescribed in Sections 9 of these Regulations
for the use zone in which the proposed development is located;
c) The standards set out in the Building Code and/or other ancillary codes,
-
and any Building Regulations, Waste Disposal Regulations, and/or any other
municipal regulation in force in the Planning Area regulating or controlling
development, conservation and use of land and buildings;
-
d) The standards set out in Section 5 of these Regulations in the case of off-
street parking and loading;
e) The standards set out in Section 6 of these Regulations in the case of signs
and advertisement;
f) The standards set out in Section 7 of these Regulations in the case of
subdivision; and
g) The standards of design and appearance established by Council.
-
Fermeuse Development Regulations
General Regulations 11
3.5
Permit Not to be Issued in Certain Cases
No permit or approval in principle shall be issued for development within the
Planning Area when, in the opinion of Council, it is premature by reason of the site
lacking adequate road access, power, drainage, sanitary facilities, or domestic
water supply, or being beyond the natural development of the area at the time of
application unless the applicant contracts to pay the full cost of construction of
the services deemed necessary by Council and such cost shall attach to and upon
the property in respect of which it is imposed.
3.6
Discretionary Powers
In considering an application for a permit or for approval in principle to carry out
development, Council shall take into account the policies of the Municipal Plan and
shall assess the general appearance of the development of the area, the amenity
of the surroundings, availability of utilities, public safety, and any other
considerations which are, in its opinion, material, and notwithstanding the
conformity of the application with the requirements of these Regulations, Council
may, in its discretion, and as a result of its consideration of the matters set out in
this Regulation, conditionally approve or refuse the application.
3.7
The Application
1) Applications for a Permit to Develop or an Approval in Principle shall be made only
by the owner, the owner's agent or person authorized by the owner, on an
application form prescribed by Council. Every application shall include such plans,
specifications, drawings and fee as may be required.
2) Council shall, on request, supply to every applicant a copy of the application forms
referred to in Regulation 3.7(1) and a description of the plans, specifications,
drawings and fee required to be provided with the application.
3.8
Register of Application
Council shall keep a public register of all applications for development, and shall
enter therein Council's decision upon each application and the result of any appeal
from that decision.
3.9
Deferment of Application
1) Council may, with the written agreement of the applicant, defer consideration of
an application; and
2) Applications properly submitted in accordance with these Regulations which have
not been determined by Council and on which a decision has not been
communicated to the applicant within eight weeks of the receipt thereof by
Council, and on which consideration has not been deferred in accordance with
Regulation 3.9(1), shall be deemed to be refused.
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3.10
Approval in Principle
1) An application for Approval in Principle shall include;
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a) a description of the proposed development,
b) a description of the limits of the land to be used with the proposed
development, and may include a survey description of the subject lands,
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c) submission of detailed plans,
d) any additional information that may be required by Council.
2) Council may issue an Approval in Principle if it determines the application
-
conforms to the Municipal Plan and these Regulations.
3) An Approval in Principle shall be valid for 2 years.
4) No development shall be carried out under an Approval in Principle.
5) Council may revoke an Approval in Principle if it determines the applicant has
changed the proposed development in a way that significantly alters the original
intent of the applications.
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3.11
Approval
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Approval for an application is granted by Council in the form of a Development
Permit or Building Permit for applications approved under these Regulations.
3.12
Development Permit
1) A plan or drawing which has been approved by Council and which bears a mark
and/or signature indicating such approval together with a permit shall be deemed
-
to be permission to develop. Such permission shall not relieve the applicant from
a) full responsibility for obtaining permits or approvals under any other
regulation or statute prior to commencing the development;
b) having the work carried out in accordance with these Regulations or any
other regulations or statutes; and
c) compliance with all conditions attached to an approval or a permit.
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2) Council may attach to a permit or to approval in principle such conditions as it
deems fit in order to ensure that the proposed development will be in accordance
with the purpose and intent of these Regulations.
3) Where Council deems necessary, permits may be issued on a temporary basis for a
period not exceeding two years, which may be extended in writing by Council for
further periods.
4) A permit is valid for two years. 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 Section 6 of these
Regulations;
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Fermeuse Development Regulations
General Regulations 13
5) The approval of any application and plans or drawings or the issue of a permit
shall not prevent Council 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) No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by Council; and
7) There shall be kept available on the premises where any work, matter or thing is
being done for which a permit has been issued, a copy of the permit and any
plans, drawings or specifications on which the issue of the permit was based
during the whole progress of the work, or the doing of the matter or thing until
completion.
3.13
Revoke Permit
Council may revoke an approval and any subsequent permits for failure by the
applicant or developer to comply with these Regulations or any condition attached
to the permit or where the permit was issued in error or was issued contrary to the
applicable regulations or was issued on the basis of incorrect information.
3.14
Public Notice
1) Council shall provide public notice for a period of not less than:
a) 7 days - when considering a variance in accordance with Section 3.29; and
b) 14 days - when considering a change in a non-conforming use in accordance
with Section 3.31; or development which is listed as a Discretionary use in any
use zone in Section 9 of these Regulations.
2) Council may require public notice of any development application where, in the
opinion of Council, such notice is required for information and public consultation
purposes.
3) Council shall require the cost of the public notice or portion thereof be paid by the
applicant and that such notice shall be by public advertisement in a newspaper
circulating in the area or by any other means deemed necessary or appropriate by
Council.
3.15
Licenses, Permits and Compliance with Other Bylaws
Nothing in these regulations shall exempt any person from complying with the
requirements of any By-Law in force within the Town of Fermeuse, or from
obtaining any license, permission, permit, authority or approval required by any
statute or regulation of the Province of Newfoundland and Labrador or the
Government of Canada.
14 General Regulations
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3.16
Right of Entry
Council or other person or persons authorized by the municipality, 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,
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construction, alteration, repair, or any other works whatsoever which the Council
is empowered to regulate.
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3.17
Stop Work Order and Prosecution
1) Where a person begins a development contrary or apparently contrary to these
Regulations, Council may order that person to pull down, remove, stop construction,
fill in or destroy that building or development and may order the person restore the
site or area to its original state, pending final adjudication in any prosecution arising
out of the development; and
2) A person who does not comply with an order made under Regulation 3.17(1) is
guilty of an offence under the provisions of the Act.
3.18
Service Levy
1) Council 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 in accordance with Section 149(2) of the
Municipalities Act, SN, 1999.
2) A service levy shall not exceed the cost, including finance charges to Council of
41
constructing or improving the public works referred to in Regulation 3.17(1) that
are necessary for the real property to be developed in accordance with the
standards required by Council and for uses that are permitted on that real
property;
3) A service levy shall be assessed on the real property based on:
a) The amount of real property benefited by the public works related to all
the real property so benefited; and
b) The density of development made capable or increased by the public work.
4) Council may require a service levy be paid by the owner of the real property
111
benefited and may specify the time for payment. The amount of the service levy
will be outlined in the Town's Schedule of Rates and Fees.
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3.19
Financial Guarantees by Developer
1) Council may require a developer before commencing a development to make such
financial provisions and/or enter into such agreements as may be required to
guarantee the payment of service levies, ensure site reinstatement, and to enforce
the carrying out of any other condition attached to a permit of licence;
Fermeuse Development Regulations
General Regulations 15
2) The financial provisions pursuant to Regulation 3.19(1) may be made in the form
of:
a) a cash deposit from the developer, to be held by the Council, or;
b) a security or guarantee by a bank, or other institution acceptable to
Council, for expenditures by the developer, or;
c) a performance bond provided by an insurance company or a bank.
3.20
Dedication of Land for Public Use
Council may, for a development not involving a subdivision, require a portion of
the land to be developed to be conveyed to the Town for a public purpose where
public works are required to accommodate the proposed development.
3.21
Reinstatement of Land
Council may order the developer, the site occupier, the owner, or any of them to
restore the site to the satisfaction of Council where
a) the use of land is discontinued;
b) the intensity of the use is decreased;
c) a Permit to Develop has been revoked; or
d) a Temporary Permit to Develop has expired.
3.22
Notice of right to appeal
Where an authority makes a decision that may be appealed under Section 42 of the
Act, that authority shall, in writing, at the time of making that decision, notify the
person to whom the decision applies of the;
a) person's right to appeal the decision to the board;
b) time by which an appeal is to be made;
c) right of other interested persons to appeal the decision; and
d) manner of making an appeal and the address for the filing of the appeal.
3.23
Appeal requirements
1) The secretary of the board at the Department of Municipal and Provincial Affairs,
Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld.,
Al B 4J6 is the secretary to all boards in the province and an appeal filed with that
secretary within the time period referred to in subsection 42(4) of the Act shall be
considered to have been filed with the appropriate board.
2) The fee required under section 44 of the Act shall be paid to the board that hears
the decision being appealed by filing it with the secretary referred to in subsection
(1) or (2) within the 14 days referred to in subsection 42(4) of the Act.
3) The board that hears the decision being appealed shall, subject to subsection 44(3)
of the Act, retain the fee paid to the board.
'7 1.11
Provincial
Reg. 5
Provincial
Reg. 6
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1)
a
a
2)
a
3)
a
VIP
4) Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that
decision shall be considered to have been forfeited.
a
a
a
a
a
Provincial
Reg. 7
Provincial
Reg. 8
Provincial
Reg. 9
Provincial
Reg. 10
3.24
Appeal registration
1) Upon receipt of an appeal and fee as required under the Act and these regulations,
the secretary of the board as referred to in subsections 6(1) and (2), shall
immediately register the appeal.
2) Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the
appeal and the documentation related to the appeal.
3) Where an authority has been notified of an appeal that authority shall forward to
the appropriate board a copy of the application being appealed, all
correspondence, council minutes, plans and other relevant information relating to
the appeal including the names and addresses of the applicant and other
interested persons of whom the authority has knowledge.
4) Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate authority, a
notice that the appeal has been registered.
5) A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
a
3.25
Development prohibited
Immediately upon notice of the registration of an appeal the appropriate authority
shall ensure that any development upon the property that is the subject of the
appeal ceases.
Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, an authority shall not carry out work related to
the matter being appealed.
3.26
Hearing notice and meetings
1) A board shall notify the appellant, applicant, authority and other persons affected
by the subject of an appeal of the date, time and place for the appeal not fewer
than 7 days before the date scheduled for the hearing of the appeal.
a
2) A board may meet as often as is necessary to conduct its work in an expeditious
manner.
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Fermeuse Development Regulations
General Regulatior
a
3.27
Hearing of evidence
1) A board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under subsection 9(1) or their representative
may appear before the board and make representations with respect to the matter
being appealed.
2) A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
3) A written report submitted under subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be considered to have been provided in the same
manner as evidence directly provided at the hearing of the board.
4) In the conduct of an appeal hearing, the board is not bound by the rules of
evidence.
3.28
Board decision
A decision of the board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
3.29
Variances
1) Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development
regulations, an authority may, in its discretion, vary the applicable development
standards to a maximum of 10% if, in the authority's opinion, compliance with the
development standards would prejudice the proper development of the land,
building or structure in question or would be contrary to public interest.
2) An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
would have a cumulative effect that is greater than a 10% variance even though
the individual variances are separately no more than 10%.
3) An authority shall not permit a variance from development standards where the
proposed development would increase the nonconformity of an existing
development.
3.30
Notice of variance
Where an authority is to consider a proposed variance, that authority shall give
written notice of the proposed variance from development standards to all persons
whose land is in the immediate vicinity of the land that is the subject of the
variance.
Provincial
Reg. 11
Provincial
Reg. 12
rt.
Provincial
Reg. 13
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3.31
Residential non conformity
A residential building or structure referred to in paragraph 108(3)(g) of the Act
must, where being repaired or rebuilt, be repaired or rebuilt in accordance with
the plan and development regulations applicable to that building or structure.
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3.32
Notice and hearings on change of use
Where considering a nonconforming building, structure or development under
paragraph 108(3)(d) of the Act and before making a decision to vary an existing use
of that non-conforming building, structure or development, an authority, at the
applicant's expense, shall publish a notice in a newspaper circulating in the area or
by other means give public notice of an application to vary the existing use of a
non-conforming building, structure or development and shall consider any
representations or submissions received in response to that advertisement.
3.33
Non-conformance with standards
Where a building, structure or development does not meet the development
standards included in development regulations, the building, structure or
development shall not be expanded if the expansion would increase the non-
conformity and an expansion must comply with the development standards
applicable to that building, structure or development.
3.34
Discontinuance of non-conforming use
An authority may make development regulations providing for a greater period of
time than is provided under subsection 108(2) of the Act with respect to the time
by which a discontinued non-conforming use may resume operation.
3.35
Delegation of powers
An authority shall, where designating employees to whom a power is to be
delegated under subsection 109(3) of the Act, make that designation in writing.
Provincial
Reg. 14
Provincial
Reg. 15
Provincial
Reg. 16
IAA
Provincial
Reg. 17
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Provincial
Reg. 18
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Fermeuse Development Regulations
General Regulations 19
4 General Development Standards
4.1
Access and Service Streets
1) Access shall be located to the specification of Council so as to ensure the greatest
possible convenience and safety of the street system.
2) Council may prescribe the construction of service streets to reduce the number of
accesses to collector and arterial streets.
3) No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
4) No access to a street may be made without the permission of the Authority. Before
granting an approval for an access, the Authority shall have regard to safety and
efficiency of the street for both vehicles and pedestrians.
5) Access to a Provincial Highway shall be subject to the requirements and approval
of the Department of Transportation and Works.
4.2
Accessory Buildings
1) May be located on the same lot as the main building(s) to which it is accessory; or
on a lot adjoining the lot that contains the main building, where both lots are
under the same ownership.
2) Accessory buildings shall not be closer to the front lot line than the main building,
2m to the side lot line and 2m to the rear lot line.
3) Accessory buildings shall be complementary with the main building in terms of
exterior finish, roofline and pitch.
4) Accessory buildings may have a lot coverage of 7 percent or a maximum floor area
of 80 m2, whichever is greater, and a maximum height of 6 m.
4.3
Accessory Uses Permitted
Where these regulations provide for any land to be used, or building to be erected
or used for a purpose, the purpose shall include any accessory use. Such uses shall
be clearly incidental and complementary to the use of the main building and be
contained on the same lot as the main building or an adjoining lot where both lots
are under the same ownership.
4.4
Advertisements
Advertisements shall not be erected or displayed except in accordance with
Section 6 and 9 of these Regulations.
4.5
Alterations to the Natural Environment
Development proposals shall include plans for grading, ditching, and landscaping.
Significant alterations to the natural environment as part of a development (such
as changing the drainage pattern or removing vegetation) will be considered during
the evaluation of development proposals. Alterations which will adversely affect
watercourses or adjacent property as a result of alterations to watercourses,
drainage or grading shall not be permitted. Topsoil or sods shall not be removed
except with the approval of Council.
4.6
Archaeological Assessment
Applications for development involving major ground disturbance, including works
along the coastline shall be referred to the Provincial Archaeology Office, Historic
20 General Development Standards
CBCL Limited
Resources Division, Department of Tourism, Culture and Recreation, for review and
consideration under the Historic Resources Act.
4.7
Buffer Strips
1) Where development is proposed that, in the opinion of Council, will have a visual
impact on a highway, viewscape or abutting land use, Council may require the
owner of the site to provide a separation buffer to screen the development. The
buffer shall include provision of such natural or structural barrier as may be
required by Council and shall be maintained by the owner or occupier to the
satisfaction of the Council.
2) Along selected trails and public open spaces, the Authority may require that a
buffer of no less than 15 metres be provided between a development permitted
under this Zone and a designated trail, public amenity area or public open space.
4.8
Building Height
1) Council may permit the erection of buildings of a height greater than that
specified in Section 9.5-9.9, but in such cases the building line setback and rear
yard requirements shall be varied as follows:
a) The building line setback shall be increased by 2 metres for every 1 metre
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increase in height.
b) The rear yard shall not be less than the minimum building line setback
calculated as described in (1) above plus 6 metres.
a 2) Height requirements may be waived in the case of communication masts and
antennae, flagpoles, water towers, spires, belfries, or chimneys. Where an
increase of more than 20% in the permitted height of the structure is proposed it
shall only be authorized under the provisions of Section 3.29 and 3.14.
4.9
Building Line and Setback
Council, by resolution, may establish building lines on an existing or proposed
a
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 Sections 9.5 to 9.9 of these regulations.
4.10
Landscaping and Screening
1) All land except that used for customer parking and vehicle access shall be
landscaped and maintained by the owner or occupier to the satisfaction of Council.
2) Council may, in the case of existing unsightly development, order the owner or
occupier to provide adequate and suitable landscaping or screening; and for this
purpose may require the submission of an application giving details of the
landscaping or screening, and these Regulations shall then apply to that
application. The provision of adequate and suitable landscaping or screening may
be made a condition of any development permit where, in the opinion of Council,
a
the landscaping or screening is desirable to preserve amenity or to protect the
environment.
4.11
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.
Fermeuse Development Regulations
General Development Standards 21
2) Where any part of a lot is required by these Regulations to be reserved as a yard, it
shall continue to be so used regardless of any change in the ownership of the lot or
any part thereof, and shall not be deemed to form part of an adjacent lot for the
purpose of computing the area thereof available for building purposes.
4.12
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
Council for the erection of a dwelling thereon, provided that the lot coverage and
height are not greater than, and the yards and floor area are not less than the
standards set out in these regulations.
4.13
Lot Frontage
Except for accessory buildings, no new buildings shall be erected unless the lot on
which it is situated fronts directly onto a street which has been constructed to
standards established by Council.
4.14
Non-Conforming Uses
Applications involving non-conforming uses shall be processed in accordance with
Section 108 of the Urban and Rural Planning Act and Sections 3.31-3.34 of these
Regulations. If a non-conforming uses ceases to exist for a period of more than 24
months, new uses for the property and any buildings must conform to the
requirements of the land use zone in which it is located.
4.15
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 Council and any other authority having
jurisdiction.
4.16
Parks, Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or
the establishment of parks and playgrounds in any zone 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.
4.17
Side Yards
Side yards shall be kept clear of obstruction and shall be provided on the exposed
sides of every building in order to provide access for the maintenance of that
building.
4.18
Soils and Drainage
Development shall only be permitted on lands having soil and drainage conditions
that are suitable to permit the proper siting and development of the proposed
uses.
22 General Development Standards
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4.19
Soil Removal, Deposit and Site Grading
1) Where not part of an approved development, any land disturbance involving the
removal, deposition or grading on a property that results in extensive cut and fill
and affecting more than 25 square meters in area, shall require application, review
and approval by the Town and show the full extent of disturbance that is intended.
2) Council may require a developer to assess geotechnical aspects, visual and
environmental impacts, as well as impacts on adjoining properties; and
3) Where alterations to the landscape are approved, financial guarantees may be
required to ensure adequate site rehabilitation and/or landscaping.
4.20
Storage and Screening of Refuse Containers
Refuse containers used for the collection or storage wastes from a commercial use
shall be screened by fence or similar structure.
4.21
Watercourse Protection
1) No development shall be permitted within 15 metres of the high water mark any
body of water or wetland without approval from the Department of Environment
and Conservation and, if fish habitat is affected, from Fisheries and Oceans,
Canada. Council may require larger buffer areas around watercourses where
identified flood plains, steep slopes or unstable soil conditions (for example) could
result in damage to watercourses and wildlife habitat as a result of development.
For the purposes of assessing applications in areas known to be at risk of flooding,
the high water mark is considered to be the 1:100 year flood level.
2) Council shall require that water crossings, bridges, culverts, stream diversions and
stormwater management devices, are planned, designed and constructed so as to
ensure that fish habitat and passage is preserved, protected, and where possible,
enhanced.
3) Filling in or alterations of wetlands shall only be permitted in accordance with a
permit from the Water Resources Management Division of the Department of
Environment and Conservation.
4.22
Water Pressures/Fire Flows
Development may be refused where water pressures and fire flows cannot be
guaranteed.
flO
Fermeuse Development Regulations
General Development Standards 23
5 Off-Street Parking and Loading
5.1
Parking Required
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 parking
of vehicles associated with that building, structure or use.
5.2
Parking Spaces
The number of parking spaces to be provided for any building, structure, use or
occupancy shall conform to the following standards. Parking requirements for uses
not specifically listed below shall be decided at the discretion of Council.
Residential Land Uses
Parking Requirement
Single detached, double dwelling, row dwelling,
mobile home
2 spaces per unit
Apartment dwelling
1.5 spaces per unit
Commercial residential
1 space per guest room
Commercial Uses
Parking Requirement
Office, Medical and Professional, Personal Service,
General Service, Take-out Food Service,
Veterinary, Shop, Convenience Stores
1 space per 20 m2 of floor area
Industrial Uses
Parking Requirement
Light, General Industry
Discretion of Council
Service Station
1 space per 20 m2 of floor area
General and Public Uses
Parking Requirement
Place of worship
1 space per 5 seats
Cultural and Civic
1 space per 50 m2 of floor area
Medical and public care facilities
1 space per 2 patients/clients
1 space per 10 m2 of floor area
1 space per 3 patrons
General Assembly, Funeral Home, Amusement
Club and Lounge, Restaurants
Indoor Assembly
1 space per 10 patrons
Child Care
1 space per 20 m2 of floor area
5.3
Parking Area Design Standards
Parking areas or parking lots associated with a development requiring more than
four parking spaces will meet the following standards:
a) Individual parking spaces will be a minimum of 15 m2 in size, accessible
without the need to move other vehicles to access the space;
b) The parking area shall be constructed with a stable surface;
24 Off-Street Parking and Loading
CBCL Limited
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c) No part of any off-street parking area shall be closer than 1.5 m to the
front lot line;
d) Parking standards to accommodate persons with disabilities shall meet the
requirement of the Buildings Accessibility Act and Regulations.
5.4
Parking Access Specifications
Off-street parking areas shall, except in the case of single or attached residential
dwellings, be arranged so that it is not necessary for any vehicle to reverse onto or
from a street.
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5.5
Off-Street Loading Requirements
1) For every building, structure or use to be erected, enlarged or established
requiring the shipping, loading or unloading of goods, wares or merchandise, there
shall be provided and maintained for the premises, loading facilities on land that is
not part of a street comprised of one or more loading spaces, 15 m long, 4 m wide
and having a vertical clearance of at least 4 m with direct access to a street or
with access by a driveway of a minimum width of 6 m to a street.
2) The loading facilities required by this Regulation shall be arranged so that vehicles
can move clear of any street and so that it is not necessary for any vehicle to
reverse onto or from a street.
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Fermeuse Development Regulations
Off-Street Parking and Loading 25
6 Signs
6.1
Permit Required
Subject to provisions of Regulation 6.7, no sign shall be erected or displayed in the
Planning Area unless a permit for the sign is first obtained from Council.
6.2
Provincial Highway Sign Regulations
All signs or advertisements to be erected within the boundaries of the Town of
Fermeuse must be approved in accordance with these Regulations. Where
provisions of the Town of Fermeuse are inconsistent with the regulations
respecting advertising signs on or near public highways made or administered by
provincial departments under the Provincial Highway Sign Regulations, the more
restrictive regulations shall apply.
6.3
Form of Application
Application for a permit to erect or display a sign shall be made to Council in
accordance with Regulations 3.1 and 3.7.
6.4
Signs Prohibited in Street Reservation
Unless otherwise permitted by these or other regulations (Highway Sign
Regulations, Provincial Highway signs for example) no sign shall be permitted to be
erected or displayed within, on or over any highway or street reservation.
6.5
Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of a sign shall
be for a period not exceeding two years, but may be renewed at the discretion of
Council for similar periods.
6.6
Removal of Signs
Notwithstanding the provisions of these Regulations, Council may require the
removal of any sign 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.
6.7
Signs Exempt from Control
The following signs may be erected or displayed in the Planning Area without
application to the Council:
a) On a dwelling or within the courtyard 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 any site occupied by a church, school, library, art gallery, museum,
institution or cemetery, one notice board not exceeding 1 m2 in area;
d) The name of the building or the name of the occupants of the building,
located on the principal facade of any commercial, industrial or public
building, in letters not exceeding one tenth of the height of that facade or
3m, whichever is the lesser;
26 Signs
CBCL Limited
e) On any parking lot, directional signs and one sign not exceeding 1m2 in size,
identifying the parking lot.
f) Real estate sales, leasing or open house signs up to a maximum area of 1m2;
g) Signs placed by candidates at municipal, provincial, or federal elections;
h) Signs for temporary local events such as festivals, from one month before
the event and to be removed within one week of its conclusion;
i) Temporary signs on construction sites warning of danger and or outlining
the nature of the development up to a maximum area of 7.5m2.
6.8
Approval Subject to Conditions
A permit may only be issued for the erection or display of signs which comply with
the appropriate conditions and specifications set out in the following regulations
and the Use Zones in Section 9 of these Regulations.
6.9
Non-Conforming Uses
Signs associated with non- conforming uses will be subject to the conditions and
standards for signs in the use zone in which the non-conforming use us located.
6.10
Prohibited Signs
The following sign types will not be permitted:
a) Billboards
b) Signs with Flashing Lights or Moving Parts
6.11
General Standards for Signs
1) All signs must be located on the property where the person/activity/business being
advertised is located unless otherwise permitted in these Regulations.
2) Signs in all zones must be maintained in good condition (e.g. no peeling paint,
rotting wood, etc.) and not present a safety hazard in terms of structural stability.
3) No sign shall obstruct a means of ingress/egress from a door, window or fire
escape.
4) Signs shall be professionally prepared and comply with standards as may be
prescribed by Council.
5) The maximum number of signs a commercial use may have is 2 signs, regardless of
the number of buildings on the lot associated with that business.
6) The maximum number of signs a home occupation use may have is 1 sign.
7) All double faced signs shall count as a single sign.
8) Off-site directional signs shall only be permitted where they are part of a sign
kiosk constructed and managed by the Town.
9) Illumination of signs must be indirect or external by low-intensity lamps which are
not visible from the street.
6.12
Sign Specifications
The specifications that shall apply to all signs erected for any commercial use in
the Mixed Development, Industrial Marine and Rural Land Use Zones shall be at the
discretion of Council.
dB
de
Fermeuse Development Regulations
Signs 27
7 Subdivision of Land
7.1
Permit Required
No land in the Planning Area shall be subdivided unless a permit for the
development of the subdivision is first obtained from Council.
7.2
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to Council have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system.
7.3
Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has
been reached for the payment of all fees levied by Council for connection to
services, utilities and streets deemed necessary for the proper development of the
subdivision, and all service levies and other charges imposed under Regulations
3.18 and 3.19.
7.4
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of Council, the development of a
subdivision does not contribute to the orderly growth of the municipality and does
not demonstrate sound design principles. In considering an application, Council
shall, without limiting the generality of the foregoing, consider:
a) the location of the land;
b) the availability of, and the demand created for, schools, services and
utilities;
c) the provisions of the Plan and Regulations affecting the site;
d) the land use, physical form and character of adjacent developments;
e) the transportation network and traffic densities affecting the site;
f) the relationship of the project to existing or potential sources of nuisance;
g) soil and subsoil characteristics;
h) the topography of the site and its drainage;
i) natural features such as lakes, streams, topsoil, trees and shrubs;
j)
prevailing winds;
k) visual quality;
l) community facilities;
m) energy conservation; and
n) other matters as may affect the proposed development.
7.5
Proposals for Subdivision of Land
Proposals for the subdivision of lands for residential, commercial and industrial
development shall be required to provide information on:
a) The physical features of the site, including development opportunities and
constraints, the location of mature stands of vegetation, including any
vegetation to be retained.
b) The layout of proposed lots and streets.
c) How the proposed subdivision relates to existing development and roads on
adjacent lands, and provide for future access to undeveloped lands in the
area.
28 Subdivision of Land
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ide
d) The compatibility between the subdivision and surrounding land uses, both
existing and future.
e) The volume and type of traffic that will be generated by the development.
f) Proposed servicing, including water and sewer, storm water management,
and utilities from the main street and not from other connections on the
lot
g) In residential subdivisions, the locations of neighbourhood mail receptacles.
h) A landscaping plan which shows the location of dedicated open space and
plantings.
7.6
Form of Application
Application for a permit to develop a subdivision shall be made to Council in
accordance with Regulation 3.7.
7.7
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Land Use Zoning Maps.
7.8
Building Lines
Council may establish building lines for any subdivision street and require any new
building to be located on such building lines.
7.9
Land for Public Open Space
1) Before a development commences, the developer shall, if required, dedicate to
the Town (at no cost to the Town) an area of land equivalent to not more than 10%
of the gross area of the subdivision for public open space, provided that:
a) Where land is subdivided for any purpose other than residential use, Council
shall determine the percentage of land to be dedicated;
b) If, in the opinion of Council, no public open space is required, the land may
be used for such other public use as Council may determine;
c) The location and suitability of any land dedicated under the provisions of
this Regulation shall be subject to the approval of Council, but in any case,
Council shall not accept land which, in its opinion, is incapable of
development for any purpose;
d) Council may accept from the developer, in lieu of such area or areas of
land, the payment of a sum of money equal to the value of the land which
would otherwise be required to be dedicated;
e) Money received by Council in accordance with Regulation 7.9(1d) shall be
reserved by Council for the purpose of the acquisition or development of
land for public open space or other public purpose.
2) Land dedicated for public use in accordance with this Regulation shall be conveyed
to the Town and may be sold or leased by Council for the purposes of any
development that conforms with the requirements of these Regulations, and the
proceeds of any sale or other disposition 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) Council 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
Council, constitute the requirement of land for public use under Regulation 7.9(1).
AO
Fermeuse Development Regulations
Subdivision of Land 29
7.10
Structure in Street Reservation
The placing within any street reservation of any structure or landscaping, for
example, a hydro pole, telegraph or telephone pole, fire hydrant, mail box, sign
post or planting of street trees) shall receive the prior approval of Council which
shall be satisfied on the question of safe construction and relationship to the
adjoining buildings and other structures within the street reservation.
7.11
Development Agreement
As a condition of approval for new developments, Council shall require a developer
to enter into an agreement with the Municipality. Such agreements will be
negotiated between the developer and the Municipality for financing and
development of services provided to the site. The agreement shall include
specifications for water and sewer infrastructure, storm drainage, streets,
sidewalks, open space, as well as school bus stops and neighbourhood mailboxes,
where required.
7.12
Subdivision Design Standards
No permit shall be issued for the development of a subdivision unless the design of
the subdivision conforms to the following standards;
a) The finished grade of streets shall not exceed 10 percent.
b) New subdivisions shall have street connections with an existing street or
streets.
c) All street intersections shall be constructed within 5° of a right angle and
this alignment shall be maintained for 30 m from the intersection.
d) No street intersection shall be closer than 60 m to any other street
intersection.
e) No more than four streets shall join at any street intersection.
f) No residential street block shall be longer than 490 m between street
intersections.
g) Streets in residential subdivisions shall be designed in accordance with the
approved standards of Council, but in the absence of such standards, shall
conform to the following minimum standards:
9m
1.5
7m L5
20 m
15 m
20 metres
9 metres
1.5 metres
2
Collector Street
Street Right-of-Way:
Street Width:
Minimum Sidewalk Width:
Number of Sidewalks:
Local Street
Street Right-of-Way:
Street Width:
Minimum Sidewalk Width:
Number of Sidewalks:
15 metres
7 metres
1.5 metres
1
30 Subdivision of Land
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a
a
h) Residential lots shall not be permitted which abut a local street at both
front and rear lot lines.
i) Council may require any existing natural, historical or architectural feature
or part thereof to be retained when a subdivision is developed.
j)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
7.13 Cul de Sacs
Cul de sacs will generally be discouraged. Where permitted the following design
standards are required:
a) A turning circle of a diameter not less than 30 m.
b) The maximum length of any cul de sac shall be;
i. 110 m (without emergency vehicle access)
ii. 230 m (with emergency vehicle access)
c) 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.
WI
7.14
Engineer to Design Works and Certify Construction Layout
1) Plans and specification 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 Council to service the area
proposed to be developed or subdivided shall be designed and prepared by or
a
approved by the Engineer. Such designs and specifications shall, upon approval by
Council, be incorporated in the plan of subdivision.
2) Upon approval by Council of the proposed subdivision, the Engineer shall certify all
a
work of construction layout preliminary to the construction of the works and
thereupon the developer shall proceed to the construction and installation, at his
or her own cost and in accordance with the approved designs and specifications
a
and the construction layout certified by the Engineer, of all such water mains,
hydrants, sanitary sewers and all appurtenances and of all such streets and other
works deemed necessary by Council to service the said area.
7.15
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks
and paving specified by Council may be deferred until a later stage of the work on
the development. Prior to approval, the developer shall deposit with Council, an
amount estimated by the Engineer as sufficient to cover construction and
installation costs. In the later stage of the work of development, Council shall call
for tenders for construction and installation of the works, and the amount so
deposited by the developer shall be applied towards payment of the contract cost.
If the contract cost exceeds the deposit, the developer shall pay to Council the
a
amount of the excess. If the contract price is less than the deposit, Council shall
refund the amount by which the deposit exceeds the contract price. Any amount so
deposited with Council by the developer shall be placed in a separate savings
account in a bank and all interest earned shall be credited to the developer.
7.16
Transfer of Streets and Utilities to the Town
1) Where required by the terms of a Subdivision Development Agreement, the
a
developer shall, following the approval of the subdivision of land and upon request
Fermeuse Development Regulations
Subdivision of Land 31
of Council, transfer to the Town, at no cost to the Town, and clear of all liens and
encumbrances:
a) All lands in the area proposed to be developed or subdivided which are
approved and designated by Council for public uses as streets, or rights-of-
way, or for other public use;
b) All services or public works including streets, water supply and distribution
and sanitary and storm drainage systems installed in the subdivision that
are normally owned and operated by Council.
2) Before Council shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets,
services and public works installed in the subdivision and certify his or her
satisfaction with their installation.
3) Council shall not provide maintenance for any street, service or public work in any
subdivision until such time as such street, service or public work has been
transferred to and accepted by Council.
7.17
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until Council is
satisfied that:
a) The lot can be served with satisfactory water supply and sewage disposal
systems, and;
b) Satisfactory access to a street is provided for the lots.
32 Subdivision of Land
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8 Special Developments
8.1
Bed and Breakfast Establishments
A Bed and Breakfast establishment in a single residential dwelling, where
permitted, shall be subject to the following conditions:
-
a) The nature and scale of the proposed use is consistent with the adjoining
development and the use does not detract from the residential character of
the neighbourhood.
b) A parking area abutting a residential lot shall be appropriately screened by
a fence, wall, or hedge of height not less than 1 m and located a minimum
distance of 1 m from the edge of the parking area.
c) A single, non-illuminated, free-standing sign, not exceeding 0.4 m2 in area,
shall be permitted, provided that the design of the sign is consistent with
the residential character and amenity of the area.
d) That the use is approved and licensed under the Tourist Establishment
Regulations, 1996, of the Provincial Department of Tourism, Culture and
Recreation.
8.2
Convenience Stores
1. Where proposed in areas that are mainly residential in nature, convenience stores
shall be designed to blend into the residential area with one storey buildings, with
-
footprints that are similar in size to surrounding buildings or smaller.
2. A building containing a convenience store shall be of a design, with any parking,
lighting or signs arranged, so as to blend in with the character of the residential
-
area, and to minimize its effect on the adjacent residential uses. All convenience
stores will be required to have adequate off-street parking and be screened from
adjacent dwellings by a fence or other material approved by Council.
8.3
General Industry
Where land fronts on the marine shoreline, general industrial uses shall be limited
to marine-related uses. In other areas where the land is zoned Rural, general
industrial uses shall be restricted to the maintenance and repair of equipment,
processing and storage related to agriculture, forestry or mineral working uses
which;
-
a) Do not require municipal services
b) Are extensive users of land for open storage and handling of materials,
goods and equipment.
-
c) Would create nuisances if located in an urban area because of appearance,
noise, heavy truck traffic, or other features of the operations.
d) No wholesale or retail sales activities shall be permitted.
8.4
Home Childcare
Childcare as a home occupation shall conform to the requirements of the Child
Care Services Act and Regulations. Where required, a license to operate shall be
obtained from the Department of Health and Community Services.
8.5
Home Occupation
The following conditions shall apply to the use of a dwelling for a home
occupation:
a) The residence is occupied by the operator of the home occupation;
Fermeuse Development Regulations
Special Developments 33
b) The use is clearly subsidiary to the residential use, does not alter the
residential character of the property, and does not detract from the
residential character of the neighbourhood. The external appearance of the
dwelling shall not be changed by the home occupation;
c) There are no more than two assistant employees employed on site in
addition to a resident of the dwelling;
d) Not more than 25 percent of the total floor area of the dwelling to a
maximum of 45 m2 is devoted to the home occupation;
e) One off-street parking space, other than that required for the dwelling, is
provided for every 18.5 m2 of floor space occupied by the home occupation;
f) No wholesale, outdoor storage of goods or equipment is carried out, any
retail sales are incidental and subsidiary to the approved use;
g) A single, non-illuminated, free-standing sign, not exceeding 0.4m2 (4ft2) in
area, shall be permitted, provided that the design of the sign is consistent
with the residential character and amenity of the area;
h) No change shall be made in the type, class, or extent of the occupation
without a permit;
i) The use shall not generate traffic, parking, sewage or water use in excess
of what is normal in the residential area;
j)
No regular parking of commercial vehicles or trailers except for one vehicle
with a gross weight of no greater than one tonne will be permitted;
k) The residential lot has sufficient area to accommodate the parking
requirement of the dwelling unit and the home occupation.
8.6
Home Based Business in Accessory Buildings
In addition to the requirements set out in Regulation 4.3, a home occupation
where permitted in a residential accessory building shall:
a) Be located on the same lot as the residential use;
b) The business shall be owned and operated by the occupants of the dwelling;
c) No repairs to vehicles or heavy equipment are carried out;
d) Activities associated with the use are carried on inside the accessory
building, are not hazardous and do not cause a noticeable increase in noise,
odour, dust or fumes, nor cause electrical interference, or in any other way
result in a nuisance to the occupants of surrounding residences.
8.7
Home Based Business
Medical, professional, and personal service uses, along with crafts and repairs, are
permitted as a home business, provided:
a) The use is situated on a residential property and the primary use of the
property remains residential;
b) The use is entirely enclosed within the dwelling and/or the accessory
building and the use does not change the appearance of the dwelling or
accessory building;
c) The floor area of the Home-Based Business does not exceed fifty (50)
percent of the total floor area of the dwelling;
d) No outdoor activities or storage associated with the use occurs;
e) Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust, fumes, traffic or inconvenience and are not a
nuisance to the occupants of adjacent dwellings; and
f) Any retail sales are incidental and subsidiary to the approved use.
34 Special Developments
CBCL Limited
8.8
Service Stations
Automobile service stations and garages shall conform to the following conditions:
a) All gasoline pumps shall be located on pump islands designed for such
a
purpose, and to which automobiles may gain access from either side;
b) Pump islands shall be set back at least 4 metres from the front lot line.
c) A canopy for sheltering pump islands may be erected provided that no part
-
of the canopy is located within 3m of the street or lot line.
d) Access points shall be at least 7 metres wide and shall be clearly marked.
e) Where a service station is located on a corner lot, the centre line of any
access shall be at least 15 metres from the center line of the junction. The
lot line between entrances shall be clearly indicated.
a
a
a
Fermeuse Development Regulations
Special Developments 35
9 Use Zone Tables
9.1
Use Zones
1. For the purpose of these Regulations, the Planning Area is divided into Use Zones
which are shown on the Fermeuse Land Use Zoning Map attached to and forming
part of these Regulations as follows:
Mixed Development
MD
Marine Industrial
MI
Conservation
CON
Protected Water Supply
PWS
Rural
RUR
2. Subject to Regulation 9.1(1), the permitted and discretionary uses, standards,
requirements and conditions applicable to each Use Zone are set out in Section 9.5
to 9.9 of these Regulations.
3. Where standards, requirements and conditions applicable in a Use Zone are not set
out in Sections 9.5 to 9.9, Council may in its discretion, determine the standards,
requirements and conditions which shall apply.
9.2
Permitted Uses
Subject to these Regulations, the uses that fall within the permitted Use Classes
set out in the Use Zones in Sections 9.5 to 9.9 shall be permitted by Council in that
Use Zone.
9.3
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes
set out in the appropriate Use Zone in Sections 9.5 to 9.9 may be permitted in that
Use Zone if the Council is satisfied that the development would not be contrary to
the general intent and purpose of these Regulations, the Municipal Plan, or any
further scheme or plan or regulation pursuant thereto, and to the public interest,
and if Council has given notice of the application in accordance with Section 3.14
and has considered any objections or representations which may have been
received on the matter.
9.4
Prohibited Uses
Uses that do not fall within the Permitted or Discretionary Use or Use Class, or are
specifically listed as a Prohibited Use in a Use Zone in Sections 9.5 to 9.9, shall not
be permitted in that Use Zone.
36 Use Zone Tables
CBCL Limited
9.5
Mixed Development (MD)
9.5.1
Permitted Uses
Single dwelling
Double dwelling
Apartments
Townhouses
Subsidiary Apartment
Bed and Breakfast
Home Office
Child Care
Small Scale Agriculture (home business)
Antenna
Conservation
Recreational Open Space
9.5.2
Discretionary Uses
Commercial Residential
Business and Personal Services Uses
Shops
a
Professional, medical and personal service (home business)
a
a
Educational
General Assembly Uses
Place of Worship
General Industry
Light Industry
Marine Industry (See Condition 9.5.8)
Service Station
Transportation
Cemetery
9.5.3
Lot Requirements
Minimum lot area
600m2
Minimum lot frontage
18 m
Minimum lot frontage (unserviced)
30 m
Minimum front yard (building line
8 m
a
setback)
15m from the centreline of Highway 10
Minimum side yard
2 m
Minimum rear yard
9 m
Maximum lot coverage
33%
Maximum building height
15 m
Fermeuse Development Regulations
Mixed Development (MD) 37
9.5.4
Minimum Lot Area for Development with On-Site Servicing
Municipal piped water supply and sewage disposal by an on-site
1400 m2
septic system approved by the Government Service Centre
Well water supply and connection to municipal sewer
1400 m2
Well water supply and sewage disposal by an on-site septic system
1860 m2
approved by the Government Service Centre
9.5.5
Non-Residential Buffers
1. Where any proposed non-residential use abuts a residential zone or an existing
dwelling unit, the owner of the site of the non-residential development may be
required to provide a buffer strip between any non-residential building or activity
and the residential zone or dwelling.
2. The buffer may include the provision of grass strips, hedges, trees or shrubs or a
structural barrier as may be required by the Authority, and shall be maintained by
the owner or occupier to the satisfaction of the Authority.
9.5.6
Open Storage
The Authority may permit open storage of materials and goods, provided the
following conditions are met:
a) Open storage shall not occupy more than fifty (50) percent of the site area
and shall not be located in the front yard or in any required setback or
buffer areas;
b) Open storage shall be enclosed by a wall or fence not less than 2 metres in
height constructed of uniform materials approved by the Authority; and
c) Open storage shall be maintained with a stable surface to prevent raising or
movement of dust, clay, mud, or loose particles.
9.5.7
Back Lot Development
Notwithstanding Regulation 4.13 of these Regulations, the following standards and
conditions shall apply to the development of flag lots, or back lots:
a) All backlots shall have a permanent and direct access to a public road;
b) No more than three dwellings shall be permitted to share an access and
driveway;
c) The minimum access width shall be 6 metres. The responsibility for
construction, care and maintenance of the shared access shall be that of
the developer. Where an access is proposed to be shared, the Authority will
require a signed agreement to be in place among those sharing the access
prior to any approval;
d) Only single dwellings shall be permitted to develop on back lots;
e) Development must be serviced from the Town's piped water and sewer
system;
f) No dwelling shall be located more than 245 metres from a fire hydrant or
from a public street to which it has access;
g) The placement of the dwelling on the lot shall be done in a manner that
does not affect the privacy of adjoining dwellings; and
h) There are no objections to the proposed development from abutting
property owners who will be consulted prior to Council issuing an approval.
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Mixed Development (MD)
CBCL Limited
9.5.8
Marine Industry
1. Marine industrial uses within the Mixed Development Use Zone shall be limited to
areas surrounding a proposed marine supply base on the former fish plant
-
premises. These areas include land along Lumley's Cove Road from the access to
the Public Wharf, southeast to the end of Lumley's Cove Road, and including the
peninsula to Sheep's Head.
-
2. In addition to the requirements of the Mixed Development Use Zone, Marine
Industrial uses shall be subject to the requirements of Section 9.6.4 of the Marine
Industrial Use Zone.
9.5.9
Residential Development Kingmans Cove Road
Residential development proposed along the public right of way that is beyond
-
the end of that portion of the Right of way that is publicly maintained, shall
be subject to the following conditions:
1. The right of way shall be upgraded to form part of the public street network,
-
and be designed and constructed to a standard set by Council;
2. No building permits shall be issued until such time as the street work is
completed to Council's satisfaction.
a
VIP
41O
a
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Fermeuse Development Regulations
Mixed Development (MD)
39
411
9.6
Marine Industrial (MI)
9.6.1
Permitted Uses
Office
Conservation
Recreational Open Space (limited to pedestrian pathways to provide
access to residential areas)
General Industry (Marine)
Light Industry (Marine)
Servicing Quay
Laydown Areas
Bulk Storage
Pipe and General Fabrication
Site Buildings Related to Marine-Related Activities (Maintenance,
Administration, etc.)
Boat and Marine Vehicle Service and Repair
Transportation
Antenna
9.6.2
Discretionary Uses
Residential Uses Subject to Condition 9.6.6
Facilities for the storage and handling of hazardous materials
Marine Vehicle Fuel Stations and Storage
9.6.3
Lot Requirements
Minimum lot area
As determined by the Authority
Minimum lot frontage
As determined by the Authority
Minimum front yard
8 m, or
15m from the centreline of Highway 10
Minimum side yard
2 m
Minimum rear yard
9 m
Maximum lot coverage
As determined by the Authority
Maximum building height
15 m
9.6.4
Marine Supply Base Uses
Development of a marine supply base at Lumleys Cove and its associated used are
subject to the following conditions:
a) The development shall meet all applicable Provincial and Federal
regulatory requirements;
b) Uses included in the development are consistent with uses set out in the list
of permitted uses in sections 9.6.1.
c) Any uses included that are listed as Discretionary in Section 9.6.2 are
processed in accordance with the requirements of these Regulations.
d) Development will be planned and designed to minimize the impact of truck
traffic, noise and lighting on adjacent residential areas. The Authority may
40
Marine Industrial (MI)
CBCL Limited
require an assessment of the impact of the development (traffic, noise,
odor, lighting, etc.) on adjacent land uses and the specific measures to be
implemented to mitigate identified impacts in the community;
e) The site shall be appropriately screened, through the provision of trees,
shrubs, banks, fencing, or other landscaping approved by the Authority;
f) Access points to public right of ways will be limited in number and designed
for maximum safety for pedestrians and vehicles; and
g) That there is adequate water and wastewater services to meet the needs of
the proposed development.
9.6.5
Open Storage
The Authority may permit open storage of materials and goods, provided the
following conditions are met:
a) Open storage shall not occupy more than fifty (50) percent of the site area
and shall not be located in the front yard or in any required building
setback or buffer areas;
b) Open storage shall be enclosed by a wall or fence not less than 2 metres in
height constructed of uniform materials approved by the Authority; and
c) Open storage shall be maintained with a stable surface to prevent raising or
movement of dust, clay, mud, or loose particles.
9.6.6
Residential
Residential development may only be considered where it can be shown to not
interfere with, or create conflicts for surrounding marine industrial uses, or in a
manner that may prevent future industrial use of surrounding properties in this use
zone. Council may require separation buffers, fences to be erected between
proposed residential uses and any abutting marine industrial uses where necessary.
re
re
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Fermeuse Development Regulations
Marine Industrial (MI) 41
9.7
Conservation (CON)
9.7.1
Permitted Uses
Conservation
Maintenance and Operation of Existing Uses
9.7.2
Discretionary Uses
Recreational Open Space - limited to trails, nature parks
9.7.3
Shoreline Buffers, Boating, and Water Recreation
Generally, no development will be permitted within 15 meters of rivers or streams,
or the shoreline of wetlands, or waterbodies. Notwithstanding Regulation 4.2.1,
certain public works and passive recreational open space uses may be permitted
provided they have no adverse effect on the environmental or aesthetic quality of
the area. Development of these areas will be subject to approval of the
Department of Fisheries and Oceans and/or the Department of Environment and
Conservation. Boating, swimming, and water recreation activities may be
permitted in this zone.
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Conservation (CON)
CBCL Limited
9.8
9.8.1
AO
-
9.8.2
-
9.8.3
Rural (RUR)
Permitted Uses
Agriculture
Conservation
Forestry
Recreational Open Space
Maintenance and Operation of Existing Uses
Mineral Exploration
Discretionary Uses
Single Dwelling, Seasonal (see Condition 9.8.10)
Assembly
Cemetery
General Industry
Mineral Workings
Lot Requirements
AO
Minimum lot area
As determined by the Authority
Minimum lot frontage
As determined by the Authority
Minimum front yard
8 m, or
15m from the centreline of Highway 10
Minimum side yard
5m
Minimum rear yard
9 m
Maximum lot coverage
33%
Maximum building height
15 m
9.8.4
Agriculture
Agricultural uses shall be subject to the following conditions:
a) That the proposed use is managed in accordance with accepted agricultural
best management practices to control odours, noise, dust, environmental
impacts, and ;
b) The proposed use satisfies the requirements of the Provincial Government,
Department of Environment and Conservation and Natural Resources,
Agrifoods Branch.
9.8.5
Forestry
1. Forestry and related uses may be permitted by the Authority provided that the
Authority is satisfied that such uses will not increase soil erosion, and further
provided that the operation is in an approved wood-cutting area and meets the
requirements of the Department of Forest Resources and Agri-foods.
2. The Authority may if necessary require a detailed submission concerning the
proposed forestry operation setting out the extent and nature of the forestry
operation, including provisions for the mitigation of impacts.
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Fermeuse Development Regulations
Rural (RUR) 43
9.8.6
General Industry
1. General industry shall be restricted to the maintenance and repair of equipment,
processing and storage related to agriculture, forestry or mineral working uses, or
to those unsuitable sites adjacent to urban uses. Examples of the latter are
industrial uses involving hazardous substances such as bulk fuel storage; requiring
large lots; or featuring outdoor activities such as heavy equipment storage or
maintenance.
2. Unless the Authority is satisfied that the general industry use will not create a
nuisance and will not adversely affect the amenity of the surrounding area, the
Authority shall require the provision of buffering by the developer to the
satisfaction of the Authority.
9.8.7
Open Storage
The Authority may permit open storage of materials and goods, provided the
following conditions are met:
a) Open storage shall not occupy more than fifty (50) percent of the site area
and shall not be located in the front yard or in any required setback or
buffer areas;
b) Open storage shall be enclosed by a wall or fence not less than 2 metres in
height constructed of uniform materials approved by the Authority; and
c) Open storage shall be maintained with a stable surface to prevent raising or
movement of dust, clay, mud, or loose particles.
9.8.8
Mineral Exploration
Mineral exploration activities shall meet the following conditions:
a) The planned activities do not cause undue noise, significant ground
disturbance or risks to the safety of residents of Fermeuse;
b) A plan to consult with and inform residents of the activity is submitted and
approved by Council;
c) All permits and approvals from federal and provincial agencies including the
Department of Mines and Energy have been obtained;
d) A site rehabilitation plan is submitted and approved by Council for
exploration activities which require trenching and/or the creation of
cutlines through wooded areas, or other forms of ground disturbance; and
e) A refundable cash deposit of $1000.00 has been made to Council which shall
be returned when the rehabilitation work has been completed in
accordance with the development permit and to the satisfaction of Council.
9.8.9
Mineral Workings
Mineral workings shall meet the following conditions:
a) No mineral working shall be in general view of urban development or scenic
areas.
b) Mineral workings must conform with the minimum distances from other
development as set out below, unless after consulting appropriate
government departments, Council is satisfied that the use will not create a
nuisance and will not adversely affect the amenity of the specified
development or natural feature:
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Conservation (CON)
CBCL Limited
Adjacent land use
Minimum Buffer
a
Any other developed area or area likely to be developed
during the life of the pit or quarry working
Public street or highway
50m
Waterbody or watercourse
30m
c) Explosive blasting related to aggregate extraction activities shall not be
permitted within 1,000 metres of an area in which residential development
is permitted.
d) A mineral working shall not be visible from a public street or highway,
developed area, or area likely to be developed during the life of the
working.
e) Council may require the mineral working site or excavated areas of a pit or
quarry to be enclosed by a fence designed and constructed to its
specifications and no less than 1.8m in height.
f) No mineral working or associated storm or sanitary drainage shall
unacceptably reduce the quality of water in any waterbody or watercourse.
Any access road to a pit and quarry working which crosses a brook or stream
shall be bridged or culverted at the crossing in accordance with the
regulations of the Department of Environment.
g) No mineral working shall be carried out in a manner so as to cause erosion
of adjacent land.
h) The mineral working shall be kept clean or refuse, abandoned equipment
and any derelict buildings.
i)
During extended periods of shutdown, access roads to a mineral working
shall be ditched or barred to the satisfaction of Council.
9.8.10 Seasonal Dwellings
Seasonal dwellings may be permitted to be developed on private properties along
the coastline east of Kingman's Cove Road. Such dwellings may be accessed by
boat, or, nothwithstanding Section 4.13 (Lot Frontage) by a private access, the
design and construction of which shall be approved by Council. Such structures
shall meet the requirements of Service NL for the provision of onsite well and
septic systems.
300m
Fermeuse Development Regulations
Rural (RUR) 45
9.9
Protected Water Supply (PWS)
9.9.1
Permitted Uses
Watershed
Conservation
9.9.2
Discretionary Uses
Agriculture
Forestry
Recreational Open Space
9.9.3
Discretionary Uses
Discretionary uses in this zone shall be as follows:
1. Bear Cove Pond Watershed - Agriculture, forestry, and recreational open
space uses shall only be permitted where the use has been reviewed and
approved by the Water Resources Management Division, Department of
Environment and Conservation.
2.
Martin's Pond Watershed - Agriculture, forestry, and recreational open
space uses may be permitted where they can be shown to have no impact
on the water quality of Martins Pond that would prevent this are from being
used as a future public water supply;
3. Community Well, Port Kirwan Road - Agriculture uses shall not be
permitted within the wellhead area of influence.
9.9.4
Prohibited Uses
With the exception of existing dwellings located within the wellhead protection
area around the community well on Port Kirwan Road, no permanent buildings or
structures shall be permitted within this use zone except those necessary for the
operation and maintenance of the municipal public water supply.
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Protected Water Supply (PWS)
CBCL Limited
APPENDIX A
Land Use Zoning Map
40
IN
40
Fermeuse Development Regulations
Appendices 47