Ferryland Development Regulations 2011-2021
Ferryland, Newfoundland and Labrador
· adopted 2013-05-10
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Town of Ferryland
Development Regulations 2011-2021
Prepared for
The Town
of Ferryland
Prepared by
1111
CBCL UlllTED
Dec 2012
Project Number
113043.00
Urban and Rural Planning Act
Resolution to Adopt
Town of Ferryland Development Regulations
2011 - 2021
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
Town Council of Ferryland adopts the Ferryland Development Regulations 2011-
2021.
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Adopted by the Town Council of Ferryland on the 5
day of /eJ;hA41j, 20J3.
Signed and sealed this 5 fh day of JiJ,vu1rJ2013.
Mayor ~
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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.
Urban and Rural Planning Act
Resolution to Approve
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Town of Ferryland Development Regulations
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2011 - 2021
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Under the authority of section 16, section 17 and section 18 of the Urban and RJ~ (3
Planning Act 2000, the Town Council of Ferryland
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a) adopted ~e Ferryland Development Regulations 2011-2012 on
the J-f.' day of /eh t'l,/AY V ,20J3.
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b) gave notice of the adoption ofth~ F~rJi l and Development Regulations by
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advertisement, inserted on the day and the --1..!i.:::_ day of ;rlarvb , 2013 in
the Telegram. Ji-ish .f o~ f:.s-f
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b) set theii day of lf14r&h
at 7:00 p.m. at the lowttl fl" //, Ferryland, for the
holding of a public hearing to consider objections and s ubmissions.
Now under the authority of section 23 of the Urban and Rural Planning Act 2000, the
Town Council of Ferryland app roves the Ferryland Development Regulations as
adopted.
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SIGNED AND SEALED this ~ day of vrlA/"o
I 2013.
Table of Contents
1
Application ................................................................................................................................................. 1
1.1
Title ................................................................................................................................................................. 1
1.2
lnterpretation ............................................................................................................................................. 1
1.3
Co1n1nencen1ent ......................................................................................................................................... 1
1.4
Municipal Code and Regulations ........................................................................................................ 1
1.5
Authority ...................................................................................................................................................... 1
1.6
Delegation of Authority .......................................................................................................................... I
1.7
Provincial Development Regulations ............................................................................................... 1
2
Definitions .................................................................................................................................................. 2
3
General Regulations ............................................................................................................................ 11
3.1
Pern1it to Develop Required .............................................................................................................. 11
3.2
Decisions of Council .............................................................................................................................. 11
3.3
Pern1it to be Issued ............................................................................................................................... 11
3.4
Permit Nat to be Issued in Certain Cases ..................................................................................... 11
3.5
Discretionary Powers ........................................................................................................................... 11
3.6
The Application ...................................................................................................................................... 12
3.7
Register of Application ........................................................................................................................ 12
3.8
Defennent of Application ................................................................................................................... 12
3.9
Approval in Principle ........................................................................................................................... 12
3.10
Approval .................................................................................................................................................... 12
3.11
Develop1nent Permit ............................................................................................................................ 13
3.12
Revoke Pern1it ......................................................................................................................................... 13
3.13
Public Notice ............................................................................................................................................ 13
3.14
Licenses, Permits and Compliance with Other Bylaws .......................................................... 14
3.15
Right of Entry .......................................................................................................................................... 14
3.16
Stop Work Order and Prosecution ................................................................................................. 14
3.1 7
Service Levy ............................................................................................................................................. 14
3.18
Financial Guarantees by Developer ............................................................................................... 14
3.19
Dedication of Land for Public Use ................................................................................................... 15
3.20
Reinstaten1ent of Land ......................................................................................................................... 15
3.21
Notice of right to appeal.. .................................................................................................................... 15
3.22
Appeal requirernents ............................................................................................................................ 15
Ferryland Development Regulations
3.23
Appeal registration , .............................................................................................................................. 15
3.24
Developn1ent prohibited ..................................................................................................................... 16
3.25
Hearing notice and meetings ............................................................................................................ 16
3.26
Hearing of evidence .............................................................................................................................. 16
3.27
Board decision ........................................................................................................................................ 16
3.28
Variances ................................................................................................................................................... 16
3.29
Notice ofvariance .................................................................................................................................. 17
3.30
Residential non conforrnity ............................................................................................................... 17
3.31
N on-confonngin Use ............................................................................................................................. 17
3.32
Notice and hearings on change of use ........................................................................................... 17
3.33
Non-conformance with standards .................................................................................................. 18
3.34
Discontinuance of non-conforming use ........................................................................................ 18
3.35
Delegation of powers ........................................................................................................................... 18
4
General Development Standards .................................................................................................... 19
ii
4.1
Access and Service Streets ................................................................................................................. 19
4.2
Accessory Buildings .............................................................................................................................. 19
4.3
Accessory Uses Permitted .................................................................................................................. 19
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4 .. 11
4.12
4.13
4.14
4.15
4.16
4.17
4.18
4.19
4.20
4.21
Advertisen1ents ....................................................................................................................................... 19
Alterations to the Natural Environment ...................................................................................... 19
Archaeological Assess1nent ............................................................................................................... 19
Buffer Strips ............................................................................................................................................. 19
Building Height ....................................................................................................................................... 20
Building Line and Setback .................................................................................................................. 20
Landscaping and Screening ............................................................................................................... 20
Lot Area ...................................................................................................................................................... 20
Lot Area and Size Exceptions ............................................................................................................ 20
Lot Frontage ............................................................................................................................................. 21
Offensive and Dangerous Uses ......................................................................................................... 21
Parks, Playgrounds, and Conservation Uses ............................................................................... 21
Side Yards ................................................................................................................................................. 21
Soils and DrainC1ge ................................................................................................................................. 21
Soil Removal, Deposit and Site Grading ........................................................................................ 21
Storage and Screening of Refuse Containers .............................................................................. 21
Watercourse Protection ...................................................................................................................... 21
Groundwater Protection ..................................................................................................................... 22
CBCL Limited
4.22
Water Pressures/Fire Flo\.Ys ............................................................................................................. 22
4.23
Development in Areas Vulnerable to Flooding .......................................................................... 22
4.24
Structures in the Flood Risk Areas ................................................................................................. 22
5
Off-Street Parking and Loading ....................................................................................................... 23
5.1
Parking Required ................................................................................................................................... 23
5.2
Parking Spaces ........................................................................................................................................ 23
5.3
Parking Area Design Standards ....................................................................................................... 23
5.4
Off-Street Loading Requirements ................................................................................................... 23
6
Signs .......................................................................................................................................................... 24
6.1
Pern1it Required ..................................................................................................................................... 24
6.2
Provincial Highway Sign Regulations ............................................................................................ 24
6.3
Forni of Application .............................................................................................................................. 24
6.4
Signs Prohibited in Street Reservation ......................................................................................... 24
6.5
Permit Valid for Limited Period ....................................................................................................... 24
6.6
Rein oval of Signs .................................................................................................................................... 24
6.7
Signs Exe1npt fron1 Control ................................................................................................................ 24·
6.8
Approval Subject to Conditions ....................................................................................................... 25
6.9
Non-Conforming Uses .......................................................................................................................... 25
6.10
General Standards for Signs .............................................................................................................. 25
6.11
Standards for Signs in the Historic Townscape Area .............................................................. 25
7
Subdivision of Land .............................................................................................................................. 26
7.1
Pern1it Required ..................................................................................................................................... 26
7.2
Services to be Provided ....................................................................................................................... 26
7.3
Payment of Service Levies and Other Charges .......................................................................... 26
7.4
Issue of Permit Subject to Considerations ................................................................................... 26
7.5
Proposals for Subdivision of Land .................................................................................................. 26
7 .6
Fonn of Application .............................................................................................................................. 27
7.7
Subdivision Subject to Zoning .......................................................................................................... 27
7.8
Building Lines .......................................................................................................................................... 27
7.9
Land for Public Open Space ............................................................................................................... 27
7.10
Structure in Street Reservation ....................................................................................................... 28
7.11
Developn1ent Agreement .................................................................................................................... 28
7.12
Subdivision Design Standards .......................................................................................................... 28
7.13
Cul de Sacs ................................................................................................................................................ 29
7.14
Engineer to Design Works and Certify Construction Layout ............................................... 29
Ferryland Development Regulations
iii
7.15
Street Works May Be Deferred ......................................................................................................... 29
7.16
Transfer of Streets and Utilities to the Town ............................................................................. 30
7.17
Restriction on Sale of Lots .................................................................................................................. 30
8
Special Develop1nents ......................................................................................................................... 31
8.1
Bed and Breakfast Establishments ................................................................................................. 31
8.2
General Industry .................................................................................................................................... 31
8.3
Horne Childcare ...................................................................................................................................... 31
8.4
Home Occupation ................................................................................................................................... 31
8.5
Home Occupation Uses in Accessory Buildings ........................................................................ 32
8.6
Mineral Exploration .............................................................................................................................. 32
8.7
l\tlineral Workings .................................................................................................................................. 32
8.8
Service Stations .................................................................................................................................. ,,,, 33
9
Use Zones ................................................................................................................................................. 34
9.1
Use Zones .................................................................................................................................................. 34
9.2
Pennitted Uses ........................................................................................................................................ 34
9.3
Discretionary Uses ................................................................................................................................ 34
9.4
Prohibited Uses ....................................................................................................................................... 34
9.5
Residential (RES) ................................................................................................................................... 35
9.6
Mixed Development (MD) .................................................................................................................. 37
9.7
Historic Townscape J\rea (HTA) ...................................................................................................... 40
9.8
Visitor Services Area (VSA) ............................................................................................................... 41
9.9
Special Preservation Area (SPA) ..................................................................................................... 42
9.10
Historic Conservation Area (HCA) .................................................................................................. 43
9.11.
Protected Watershed (PW) ................................................................................................................ 44
9.12
Open Space Conservation (OSC) ...................................................................................................... 45
9.13
Rural Zone (RUR) ................................................................................................................................... 46
Appendices
A
Land Use Zoning Map
B
Provincial Development Regulations
C
Classification of Uses and Buildings
1
iv
CBCL Limited
1
Application
1.1
Title
These Regulations may be cited as the Town of Ferryland 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.a
Commencement
These Regulations come into effect through the Ferryland 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 Ferryland shall, under these Regulations apply to the entire
Planning Area.
1.s
Authority
In these Regulations, "Authority" means the Council of the Town of Ferryland.
1.s
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.
1.1
Provincial Development Regulations
Provincial Development Regulations have been incorporated into the Ferryland
Development Regulations and are marked as follows:
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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.
Ferryland Development Regulations
Application
1
2
Definitions
2.1
2.2
2.3
2.4
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.
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;
c) For commercial uses, workshops or garages; and
d) For industrial uses, garages, offices, raised ramps and docks.
Accessory Use means a use that is subsidiary to a permitted or discretionary use and
that is customarily expected to occur with the permitted or discretionary use.
Act 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 fanning of land, the use of land as
grazing land, meadow land, market gardens and nursery grounds and the use ofland for
woodlands where that use is ancillary to the farming of land for any other purpose.
"/\griculture" shall be construed accordingly.
2.6
Animal Unit means any one of the following animals or groups of animals:
1
Bull
1 OOO
Broiler Chickens or roasters (1.8 - 2.3 kg each)
1
Cow (including calf)
100
Female Mink (including associated males and kits)
100
Female Rabbits (including associated males and litter)
4
Goats
x
Hogs (based on 453.6kg = 1 unit)
1
Horse (including foal)
125
Laying Hens
4
Sheep (including lambs)
1
Sow /Breed Sow (weaners and growers based on 453.6 f<g = 1 unit)
x
Turkeys, ducks, geese (based on 2.268 kg= 1 unit)
2.7
Appeal Board means the appropriate Appeal Board established under the Act.
2.8
Applicant means a person who has applied to an authority for an approval or
permit to carry out a development
2.9
Architectural Style means the classification of buildings according to their
appearance, structure, materials and historic period.
2
Definitions
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Reg. 2(a)
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Reg. 2(b)
CBCL Limited
2.10
Assisted Living Complex means a residential building designed for people seeking
assisted home care by the content and layout of the dwelling units (Varying in size,
number of bedrooms, shared kitchens), provisions for common dining facilities,
recreation areas, lounges, libraries, respite units, and the accessibility of all units and
facilities to the physically challenged. Provision of services such as day-care for seniors,
housekeeping, personal care, meal programs, physiotherapy, activity programs, outdoor
recreation areas, and open space areas may also be provided. The use includes personal
care homes but does not include a hospital.
2.11
Bed and Breakfast Establishment means a single dwelling unit in which the
resident supplies, for compensation, no more than 4 bedrooms for the tempora1y
accommodation or travelers.
2.12
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 ofland whether or not that excavation is associated with the intended
or actual construction ofa building or thing referred to in (a) or (c).
2.13
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.
flat roof
mansard roof
gable roof
building
height
2.14
Building Scale means the size of a building relative to buildings near it.
2.15
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.
2.16
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.
Ferryland Development Regulations
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Provincial
Reg. 4(d)
Definitions
3
2.17
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.
2.18
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.
2.19
Dwelling, Single Detached Unit means a self-contained unit consisting ofone or
more habitable rooms used or designed as the living quarters for one household.
2.20
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.
2.21
Dwelling, Apartment Building means a building containing three or more dwelling
units, but does not include a row dwelling.
2.22
Erect means to build, construct, reconstruct, alter or relocate and without limiting the
generality of the foregoing, shall include any preliminary physical 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.
2.23
Established Grade means
a) Where used in reference to a building, the
average elevation of the finished surface of
the ground where it meets the exterior or
the front of that building, exclusive of any
artificial embankment or entrenchment, or
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Provincial
Reg. 4(f)
Provincial
Reg. 4(g)
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.
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highest elevation
-
established grade
-
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lowest elevation
4
Definitions
CBCL Limited
2.24
Existing means legally existing as of the effective date of these Regulations.
2.25
Floor Area means the total area of all floors in a building measured to the outside face
of exterior walls.
2.26
Home Child Care Service means a service where not more than six (6) children
receive child care in the home of the person providing the child care.
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
Home Office means a secondary use of a dwelling unit by at least one of the residents
of such dwelling unit to conduct a gainful occupation or business activity.
2.29
Inspector means any person appointed and engaged as an Inspector by the Authority
or by any federal or provincial authority or the agent thereof.
2.30
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.
2.31
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 property or to
provide a screen between properties in order to mitigate objectionable features
between them.
2.32
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.
2.33
Livestock means domestic animals such as cattle, poultry or horses raised for home
use or for profit.
2.34
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.
2.35
Local Street means a street designed primarily to provide access to adjoining land and
which is not designated as a collector street or arterial street in the Municipal Plan, or
on the Zoning Map.
2.36
Lot means a plot, tract, or parcel of land which can be considered as a unit of land for a
particular use or building.
2.37
Lot Area means the total horizontal area within the lines of the lot.
Ferryland Development Regulations
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Reg. 4(h)
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Provincial
Reg. 4(k)
Definitions 5
2.38
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.
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Lot coverage= Area ofA +Area ofB
Lot area
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2.39
Lot Line, Building 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).
2.40
Lot Frontage means the horizontal distance between side lot lines measured at the
building line (the distance between points A and Bin illustration below).
2.41
Lot line means an outer boundary for a specific lot.
2.42
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.
2.43
Lot line, Rear means the lot line on the opposite side of the front lot line.
2.44
Lot line, Side means the lot lines perpendicular to the front and rear lot lines.
2.45
Lot line, Flanking means a lot line which abuts the street on a corner lot.
'
------------------~ --- -- -------- rear lot Ii ne ---- ---------------- --· -- -. .
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-------+--building line
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·-- -front lot line--:.. ___________ ____ ___ __ :_ __ _ _
street
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~ · ---- -- side lot line --
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Reg. 4(1)
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Reg. 4(e}
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Reg. 4(1)
6
Definitions
CBCL Limited
2.46
Main Building means any building in which is carried on the principal purpose for
which the lot is used.
2.47
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, together with a club house and
catering facilities.
2.48
Mineral Working means land or buildings used for the working or extraction of any
naturally occurring substance, including a pit or quarry.
2.49
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.
2.50
Nursing Home means a building where nursing care anti room and board are
provided to individuals incapacitated in some manner for medical reasons and
approved by the Departments of Government Services and Lands, and Health and
Community Services.
2.51
Office means a room used for the purpose of regularly conducting business, performing
a service or offering consultation, but shall not include manufacturing or the selling of
retail goods.
2.52
Outdoor Storage means the storage of goods, inventory, materials or equipment or
other items which are not intended for immediate sale, by locating them outside.
2.53
Owner means a person or an organization of persons owning or having the legal right
to use the land under consideration.
2.54
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.
2.55
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.
2.56
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 buildings such as
schools, hospitals, libraries and other public buildings and structures.
2.57
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.
2.58
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.
Ferryland Development Regulations
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Provincial
Reg. 4(m)
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Provincial
Reg. 4(n)
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Provlncfal
Reg. 4(o)
Definitions 7
2.59
Roof, Mansard is a two or four-sided, double sloped roof with a very steep lower
slope and a flat (or near flat) upper slope.
2.60
Roof, Gable is a two-sided, sloping roof with a single ridge and gables at either end.
2.61
Roof, Flat is a roof with little or no slope.
2.62
Roof, Gambrel is a two sided, double sloping roof.
2.63
Roof, Hipped is a four sided rood having sloping ends and sloping sides.
Mansard
Gable
2.64
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.
Flat
Gambrel
Hipped
screening
2.65
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.
2.66
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.
2.67
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.
8
Definitions
.. }
l!ij~
Provincial
Reg. 4(q)
CBCL Limited
2.68
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.
2.69
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.
2.70
Street Line means the edge of a street reservation as defined by the authority having
jurisdiction.
2.71
Street Right-of-Way means a strip of land between
the street lines, acquired by reservation, dedication
or forced dedication intended to be occupied or
occupied by a public street, road or highway.
2.72
2.73
2.74
2.75
Storey means the entire floor or level of a building
having a continuous or nearly continuous floor.
Structure means anything that is erected, built or
I
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street right-of-way --)
constructed of parts joined together or any such erection fixed to or supported by the
soil or by any other structure, including buildings, walls, signs an fences.
Subdivision means the dividing of land, whether in single or joint ownership, into two
or more pieces for the purpose of development.
Subsidiary Apartment means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
2.76
Use means a building or activity situated on a lot or a development permitted on a lot.
2.77
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.
2.78
Utility means any public or private system, works, plan, equipment or services which
furnishes services at approved rates to or for the use of the general public.
2.79
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.
2.80
Watercourse means any lake, pond, river, stream or other body of water.
2.81
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.
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Reg. 4(t)
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Reg. 4(x)
Ferryland Development Regulations
Definitions
9
2.82
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.
2.83
2.84
2.85
2.86
~~
,.,.
Yard, Rear means the distance
between the rear lot line and the
rear wall of the main building on <
lot.
Provincial
Reg. 4(r)
~/
1:;
Yard, Side means the distance
between the side lot line and
the nearest side wall of a
building on the lot.
Provincial
Reg. 4(s)
Yard, Front means the distance
between the front lot line of a lot and
the front wall of the main building
on the lot.
Yard, Flanking means the side
yard of a corner lot bounded by the
street.
2.87
Yard, Abutting means the yard of
an abutting lot which shares a lot
line of subject property.
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2.88
Zoning Map means the map or maps attached to and forming a part of the authority's
regulations.
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Reg. 4(z)
1 0 Definitions
CBCL Limited
3
General Regulations
3.1
Permit to Develop Required
No person shall carry out any development w ithin the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has been
issued by the Council.
3.2
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 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 3.21
of these Regulations.
3.3
Permit to be Issued
Subject to Regulations 3.4 and 3.5, 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, p lan, or
regulation pursuant thereto;
b) The general development standards set out in Section 4 of these Regulations, the
requirements of Section 8 of these Regulations, 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, Wast e Disposal Regula tions, 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 S 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.
3.4
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.
3.5
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 expressed in the Municipal
Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the
general appearance of the development of the area, the amenity of the surroundings,
Ferryland Development Regulations
General Regulations 11
availability of utilities, public safety and convenience, and any other considerations
which are, in its opinion, material, and notwithstanding the conformity of the
application with the requirements of these Regulations, 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.
3.6
The Application
l. 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 to Council, on the
application form as may be prescribed by Council. Every application shall include such
plans, specifications and drawings as Council may require, and be accompanied by the
appropriate fee set out in a Schedule of fees as required by Council. ·
2. Council shall, on request, supply to every applicant a copy of the application forms
referred to in Regulation 3.6(1) and a description of the plans, specifications and
drawings required to be provided with the application.
3.7
Register of Application
3.8
3.9
1.
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.
Deferment of Application
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 3.8(1), shall be
deemed to be refused.
1.
Approval in Principle
J\n application for Approval in Principle shall include;
a) a description of the proposed development,
b) a description of the limits of the land to be used with the proposed development,
and may include a survey description of the subject lands,
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. J\n 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.
3.10
Approval
Approval for an application is granted by Council in the form of a Development Permit
or Building Permit for applications approved under these Regulations.
12 General Regulations
CBCL Limited
3.11
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.
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 necessa1y, 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;
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 ot~ 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.
3.12
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.
3.13
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 Section3.32; 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 w here, 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.
Ferryland Development Regulations
General Regulations 13
3.14
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 Ferryland, 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.
3.15
Right of Entry
3.16
1.
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, construction, alteration,
repair, or any other works whatsoever which the Council is empowered to regulate.
Stop Work Order and Prosecution
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 3.16(1) is guilty of
an offence under the provisions of the Act.
3.17
1.
Service Levy
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
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 w ith 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 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.
3.18
1.
Financial Guarantees by Developer
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 or licence;
2. The financial provisions pursuant to Regulation 3.18(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.
14 General Regulations
CBCL Limited
3.19
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.
3.20
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.
3.21
Notice of right to appeal
3.22
1.
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.
Appeal requirements
The secretary of the board at the Department of Municipal Affairs, Main Floor,
Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., AlB 4J6 is the
secretary to all boards in the province and an appeal filed with that secretary within the
time period referred to in subsection 42( 4) of the Act shall be considered to have been
filed with the appropriate board.
3. The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or
(2) within the 14 days referred to in subsection 42(4) of the Act.
4. The board that hears the decision being appealed shall, subject to subsection 44(3) of
the Act, retain the fee paid to the board.
5. Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall
be considered to have been forfeited.
3.23
1.
Appeal registration
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.
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Ferryland Development Regulations
General Regulations 15
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.
S. 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.
3.24
Development prohibited
1. Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
2. Sections 102 and 104 of the J\ct apply to an authority acting under subsection (1).
3. Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, an authority shall not carry out work related to the matter
being appealed.
3.25
1.
Hearing notice and meetings
A board shall notify the appellant, applicant, authority and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days
before the date scheduled for the hearing of the appeal.
2. A board may meet as often as is necessary to conduct its work in an expeditious manner.
3.26
l.
Hearing of evidence
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.
3.27
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.
3.28
Variances
1. Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development
regulations, an authority may, in its discretion, vary the applicable development
standards to a maximum of 10% if, in the authority's opinion, compliance with the
development standards would prejudice the proper development of the land, building
or structure in question or would be contrary to public interest.
2. An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
would have a cumulative effect that is greater than a 10% variance even though the
individual variances are separately no more than 10%.
3. An authority shall not permit a variance from development standards where the
proposed development would increase the non-conformity of an existing development.
16 General Regulations
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Provincial
Reg.7
continued
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CBCL Limited
3.29
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,
3.3o
Residential non conformity
3.31
L
A residential building or structure referred to in paragraph l08(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,
Non-conformgin Use
Notwithstanding the Municipal Plan, scheme or regulations made under the Urban
and Rural Planning Act, 2000, the Council shall, in accordance with regulations
made under the Act, allow a development or use of land to continue in a manner
that does not conform with a regulation, scheme, or plan that applies to that land
provided that the non-conforming use legally existed before the registration
under section 24 of the Act, scheme or regulations made with respect to that kind
of development or use,
2,
Notwithstanding subsection (1), a right to resume a discontinued non-conforming
use of land shall not exceed 12 months after that discontinuance,
3, A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (l):
a) shall not he internally or externally varied, extended or expanded unless
otherwise approved by the Council;
b) shall not be structurally modified except as required for the safety of the
building, structure or development;
c) shall not be reconstructed or repaired for use in the same non-conforming
manner where 50%1 or more of the value of that building, structure or
development has been destroyed;
d) may have the existing use for that building, structure or development
varied by the Council to a use that is, in the Council's opinion, more
compatible with the Plan and regulations applicable to it;
e) may have the existing building extended by approval of the Council where,
in the Council's opinion, the extension is not more than 50% of the existing
building;
f) where the non-conformance is with respect to the standards included in
these development regulations, shall not be expanded if the expansion
would increase the non-conformity;
g) where the building or structure is primarily zoned and use for residential
purposes, may, in accordance with the appropriate plan and regulations, be
repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed,
3.32
Notice and hearings on change of use
Where considering a non-conforming building, structure or development under
paragraph 108(3)(d) of the Act and before making a decision to vary an existing use of
that non-conforming building, structure or development, an authority, at the applicant's
expense, shall publish a notice in a newspaper circulating in the area or by other means
give public notice of an application to vary the existing use of a non-conforming
building, structure or development and shall consider any representations or
submissions received in response to that advertisement
Ferryland Development Regulations
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Provincial
Reg. 13
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Reg. 14
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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.
18 General Regulations
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Provincial
Reg. 16
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Provincial
Reg. 17
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Provincial
Reg. 18
CBCL Limited
4
4.1
1.
2.
3.
4.2
1.
2.
3.
4.
General Development Standards
Access and Service Streets
Access shall be located to the specification of Council so as to ensure the greatest
possible convenience and safety of the street system.
Council may prescribe the construction of service streets to reduce the number of
accesses to collector and arterial streets.
Vehicular access shall not be closer than 10 metres to the street line of an intersection.
Accessory Buildings
May be located on the same lot as the main building(s) to which it is accessory; or on an
adjoining lot, where both lots are under the same ownership.
Unless otherwise approved by Council, no accessory building or part thereof shall
project in front of a building line.
No accessory building shall be developed for use as a room, flat or apartment.
Accessory buildings shall be complementary with the main building in terms of exterior
finish, roofline and pitch.
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 an accessory use. Such uses shall be
incidental and complementary to the use of the main building.
4.4
Advertisements
Advertisements shall not be erected or displayed except in accordance with Section 6 of
these Regulations and the Use Zones tables in Section 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.
4.6
Archaeological Assessment
Where archaeological resources are known to exist, or where they are likely to exist
based on location or historical evidence, applications for development will be
forwarded to the Historic Resources Division, Department of Tourism, Culture and
Recreation for review and consideration under the Historic Resources Act. The Council
or the Historic Resources Division may require an archaeological assessment. This
assessment must be reviewed by the Historic Resources Division. The Council may
apply conditions for the protection and preservation of any archaeological resources.
4.7
Buffer Strips
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 reql1ire the owner of the site
to provide a separation buffer to screen the development. The buffer shall include
Ferryland Development Regulations
General Development Standards 19
4.8
1.
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.
Building Height
Council may permit the erection of buildings of a height greater than that specified in
the use zones in Section 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
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.
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. 13 and 3.28.
4.9
Building Line and Setback
Council may establish building lines on an existing or proposed 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 use zones in Section 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, 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.
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.
20 General Development Standards
CBCL Limited
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 constructed to standards set by the Council.
4.14
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.
4.15
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.
4.16
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.
4.17
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.
4.18
Soil Removal, Deposit and Site Grading
1.
Removal or placement of soil or other material, or alteration to the natural grade or
drainage of a property which adversely affects a watercourse or adjacent property shall
not be permitted.
2.
Alteration of hillsides with slopes greater than 30% through the deposition of fill or by
excavation, whether for the purposes of creating land suitable for development or not,
regardless ofland use zone, shall be prohibited.
3.
Where not part of an approved development, land disturbance involving the removal,
deposition or grading on a property affecting more than 25 sq m (300 sq ft) in area shall
require application, review and approval by the Town. Council may require a developer
to assess geotechnical aspects, visual and environmental impacts, as well as impacts on
adjoining properties; and
4.
Where alterations to the landscape are approved, financial guarantees may be required
to ensure adequate site rehabilitation and/or landscaping.
4.19
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.
4.20
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
Ferryland Development Regulations
General Development Standards 21
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 to ensure
that fish habitat and passage is preserved, protected, and where possible,
enhanced.
3. Filling in or alterations of significant wetlands shall be prohibited.
4.21
Groundwater Protection
Development in areas not serviced by municipal water and sewer system will be
required to assess groundwater quantity and quality in accordance with the Provincial
Department of Environment and Conservation Groundwater Supply Assessment and
Reporting Guidelines for Subdivisions Serviced by Individual Private Wells, 2009.
4.22
Water Pressures/Fire Flows
Development may be refused where water pressures and fire flows cannot be
guaranteed.
4.23
Development in Areas Vulnerable to Flooding
1.
Proposals for development of lands located within flood zones identified on the 1997
Flood Information Map included in Appendix A of the Ferryland Municipal Plan (or any
subsequent revisions), are subject to the written approval of the Minister of
Environment and Conservation under the Water Resources Act.
2.
Lands located in the designated floodway (1:20 year flood zone) are primarily meant for
conservation, docks, recreational open space. No residential development will be
permitted in the 1:20 yearfloodway.
3.
In order to minimize personal and property damage, particularly within areas identified
as being in the floodway fringe (1:100 year flood zone), Council may require that soil
conditions be assessed by a competent professional and that certain classes of buildings
have been certified by a professional engineer.
4.
Additions, modifications, enhancements and improvements to existing structures where
there is an increase in the floor area within the flood plain, will be assessed for
suitability in the same way as new development would be assessed.
4.24
Structures in the Flood Risk Areas
A structure in any identified Flood Risk Area can only be permitted where:
a) The ground floor elevation of the structure is higher than the 1 in 100 year flood
level;
b) The structure will not interfere with the flow of water or displace water such
that it creates a worse flooding situation for other properties;
c) The structure and the associated utilities have been designed and constructed in
accordance with the approved flood proofing guidelines of the Department of
Environment and Conservation and entrances and exits from the building can be
safely used without hindrance in the event of a flood;
d) The proposed use of the building and site will not involve any storage of
pollutants such as fuels, chemicals etc., and;
e) The development is in accordance with any additional conditions which may be
set out for the specific project and included in a permit issued under Section 48
of the Water Resources Act.
22 General Development Standards
CBCL Limited
s
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 standards set out in table below. Parking requirements
for uses not specifically listed he low shall be decided at the discretion of Council.
Residential Land Uses
Single detached, double dwelling, row dwelling
Apartment dwelling
Commercial residential
Home Based Occupation
Rest/Retirement Home
Parking Requirement (minimum)
1.0 space per unit
1.0 space per unit
1.0 space per guest room
1.0 space in addition to that required
for the residential use
2.0 spaces + 0.5 spaces per resident
The number of parking spaces required for commercial, industrial. general and public
uses shall be determined at the discretion of Council.
5.3
Parking Area Design Standards
5.4
1.
Parking areas or parking lots associated with a development requiring more than four
parking spaces will meet the following standards:
a) No part ofany off-street parking area shall he closer than 1.5 m to the front lot
line in any zone;
b) Parking standards to accommodate persons with disabilities sball meet the
requirement of the Buildings Accessibility Act and Regulations;
c) 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
Off-Street Loading Requirements
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 number of loading spaces to be provided shall be determined by Council.
3. 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.
Ferryland Development Regulations
Off-Street Parking
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
Ferry land must be approved in accordance with these Regulations. Where provisions of
the Town of Ferry land Development Regulations 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
resti·ictive 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 Regulation 3.1.
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:
24 Signs
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 m' in area;
d) The name of the building or the name of the occupants of the building, located
on the principal fa~ade of any commercial, industrial or public building, in
letters not exceeding one tenth of the height of that fai;ade or 3m, whichever is
the lesser;
C BCL Li mlted
e) On any parking lot, directional signs and one sign not exceeding 1m' in size,
identifying the parking lot.
f)
Real estate sales, leasing or open house signs up to a maximum area of lm2;
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.Sm'
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
6.10
1.
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.
General Standards for Signs
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 home occupation use may have is 1 sign.
6. All double faced signs shall count as a single sign.
7. Off-site directional signs shall only be permitted where they are part of a sign kiosk
constructed and managed by the Town.
s.11
Standards for Signs in the Historic Townscape Area
In addition to the standards found in Regulation 6.11, signs in the Historic Townscape
Area are subject to following additional requirements:
a) Signs are restricted to the identification of the use or name of the business
taking place on-site.
b) Signs must match the aesthetic quality of the building to which it relates and the
surrounding environment.
c] Signs must be painted.
d) Electronic signs, portable signs and third party signs are prohibited.
Ferryland Development Regulations
25
7
Subdivision of Land
1.1
Permit Required
No land in the Planning Area shall he subdivided unless a permit for the development of
the subdivision is first obtained from Cooncil.
1.2
Services to be Provided
No permit shall be issued for the development ofa 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 3.17 and 3.18.
7.4
Issue of Permit Subject to Considerations
A permit shall not he 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.
1.s
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.
d) The compatibility between the subdivision and surrounding land uses, both
existing and future.
e J The volume and type of traffic that will be generated by the development.
26 Subdivision of Land
CBCL Limited
t)
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 3.6.
1.1
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Land Use Zoning Map.
1.a
Building Lines
Council may establish building Jines 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 the 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 ofland
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).
Ferryland Development Regulations
Subdivision
27
1.10
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.
1.11
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.
1.12
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 S- 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 490 111 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:
I I
I
+----
7m
···l 1.5 !
20m
Collector Street
Street Right-of-Way:
Street Width:
Minimum Sidewalk Width:
Number ofSidewalks:
20 metres
9 metres
1.5 metres
2
-----~---15m
Local Street
Street Right-of-Way:
Street Width:
Minimum Sidewalk Width:
Number of Sidewalks:
15 metres
7 metres
1.5 metres
1
h) Residential lots shall not be permitted which abut a local street at both front and
rear lot lines.
28 Subdivision of Land
CBCL Limited
i)
Council may require any existing natural, historical or architectural feature or
part thereof to be retained when a subdivision is developed.
jJ
Land shall not be subdivided in such a manner as to prejudice the development
of adjoining land.
7.13
Cul de Sacs
7.14
1.
Cul de sacs will generally be discouraged. Wbere 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.
Engineer to Design Works and Certify Construction Layout
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 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
work of construction layout preliminary to the construction of the works and thereupon
the developer shall proceed ta the construction and installation, at his or her own cost
and in accordance with the approved designs and specifications and the construction
layout certified by the Engineer, of all such water mains, hydrants, sanitary sewers and
all appurtenances and of all such streets and other works deemed necessary by Council
to service the said area.
1.1s
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch hasins, 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 amount of the excess. If the
contract price is Jess 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.
Ferryland Development Regulations
29
7.16
Transfer of Streets and Utilities to the Town
1. Where required by the terms of a Subdivision Development Agreement, the developer
shall, following the approval of the subdivision of land and upon request 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 J 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.
1.11
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.
30 Subdivision of Land
CBCL Limited
a 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 m' 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
General Industry
Where land fronts on the marine shoreline, general industrial uses shall be limited to
marine-related uses. Jn 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 iflocated in an urban area because of appearance, noise,
heavy truck traffic, or other features of the operations.
8.3
Home Childcare
Childcare as a home occupation shall conform to the requirements of the Child Care
Services Act and Reglllations. Where required, a license to operate shall be obtained
from the Department of Health and Community Services.
8.4
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;
b) The use is dearly 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 m' 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;
Ferryland Development Regulations
g) A single, non-illuminated, free-standing sign, not exceeding 0.4m 2 ( 4ft') 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.
0.s
Home Occupation Uses in Accessory Buildings
Jn 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 he 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.
8.6
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 Ferryland;
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 depositof$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.
0.1
Mineral Workings
Mineral working may only be permitted in the Rural Use Zone and shall meet the
following conditions:
a) No mineral working shall be in general view of urban de;·elopment 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:
Adjacent land use
Minimum Buffer
32 Special Developments
CBCL Limited
Any other developed area or area likely to be developed during the
life of the pit or
working
300m
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] /\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.
!)
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.
s.a
Service Stations
Automobile service stations and garages shall conform to the following conditions:
a) /\II gasoline pumps shall be located on pump islands designed for such purpose,
and to which automobiles may gain access from either side;
b) Pump islands shall be set back at least 4 metres from the front lot line.
c] 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.
Ferryland Development Regulations
s
Use Zones
9.1
Use Zones
1. For the purpose of these Regulations, the Planning Area is divided into Use Zones which
are shown on the Ferryland Land Use Zoning Map attached to and forming part of these
Regulations as follows:
Residential
RES
Mixed
MD
Historic Townscape Area
HTA
Visitor Services Area
VSA
Historic Conservation Area
HCA
Special Preservation Area
SPA
Protected Public Watershed
PW
Open Space Conservation
osc
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 the Use Zone
Tables is Section 9.5 to 9.9 of these Regulations.
3. Where standards, requirements and conditions applicable in a Use Zone are not
specified, 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 shall be permitted in that Use Zone, subject to conditions established
by Council.
9.3
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set
out in the appropriate Use Zone 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 3.13 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, shall not he permitted in that Use
Zone.
34
Use Zones
CBCL Limited
9.5
Residential (RES)
9.5.1
Permitted Uses
Single dwelling (including
subsidiary apartment)
Home Office
Double dwelling
Recreational Open Space
9.5.2
Discretionary Uses
Child Care
Bed and Breakfast
Accommodation
9.5.3
Row Dwelling
Apartment Building
Educational
Cultural and Civic Uses
Place of Worship
Home Occupations including:
Office, Medical and professional, Personal service and Childcare, craft
production
Assisted Living Accommodations including senior and special care or
nursing homes
Small Scale Agriculture
Outdoor Storage
Utilities and telecommunications
Lot Requirements
Standard
Single
Double
Row
Minimum lot area (m')
470
350/unlt
350/unlt
Minimum lot
15 m
9m/unlt
Sm
unit
Minimum front
setback
7m
7m
7m
Maximum front yard
32m
32m
32m
Minimum side yard
1.5 m
1.5 m
3m
Maximum
15 m
15m
15 m
Apartment
350/unlt
15 m
7m
32m
3m
15 m
9.5.4
Minimum Lot Size Requirements for Developments with On-Site
Servicing
Municipal piped water supply and sewage disposal by an on-site septic
system approved by the Government Service Centre
Well water supply and connection to municipal sewer
Well water supply and sewage disposal by an on-site septic system
approved by the Government Service Centre
Ferryland Development Regulations
1400 m'
1400 m'
1860 m'
35
9.5.5
Accessory Buildings
In addition to the requirements set out in Regulations 4.2 and 4.3 of these Regulations.
a) Where building lots are larger than 1,400 m' (15,000 ft'], accessory buildings
shall have a floor area no greater than 75 m2 (807 ft'J, and a height of no more
than 6 metres (20 ft).
b] Where building lots are 1,400 m2 (15,000 ft2) or less, accessory buildings shall
have a Door area no greater than 50 m2 (538 ft2) and a height of no more than
3.6 m (12 ft).
9.5.s
Backlot Development
Notwithstanding Regulation 4.13 of these Regulations, the following standards and
conditions shall apply to the development of flag lots, or bacldots:
a) All backlots shall have a permanent and direct access to a publicly maintained
street which is included In the Town's Limit of Servicing Agreement;
b) No more than two dwellings shall be permitted to share an access and
driveway:
c) Future development:
i.
The development of the lot would not prevent the use of adjoining lands
for future development. where there is potential for additional
development in the area, the lot and access shall be developed in a
manner which will accommodate future development. As such, the
access to the public street to which the owner much have dear title,
shall be a minimum width of 12.2 metres to accommodate future public
use;
ii. Where there is no potential for future development, the access to the
public street shall be a minimum of 5 metres in width and shall be
treated as a private driveway;
iii. Where an access is proposed to be sbared, 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 backlots;
e) Where services are available, the site will be serviced - at the owner's expense
- with municipal water and sewer, constructed to standards set by the
Authority. Where no services are available and on-site well and septic system
are proposed, the minimum lot size shall be 4050m' (1 acre);
f) The access to the Public Street is ditched on both sides to provide drainage to
the public to which it has access;
g) No dwelling shall be located more than 125 metres from a fire hydrant or from
a public street to which it has access;
h) The Authority shall refer all applications for the development of backlots to the
Municipal Fire Department for confirmation that adequate fire flows can be
delivered to the site of any proposed single dwelling before a development
permit is approved;
i)
The dwelling is separated from, and oriented, in a manner that does not
adversely affect the privacy and enjoyment of adjoining properties. Separation
distances may be required by the Authority as a condition for development,
considering such things as slope, tree cover, and soil conditions.
36 Res1dent1al (RES)
CBCL Limited
9.6
Mixed Development (MD)
9.s.1
Permitted Uses
Single dwelling (including
subsidiary apartment)
Apartment dwelling
Recreational open space
9.s.2
Discretionary Uses
Row
9.6.3
Educational
and civic
Medical and
Taxi stand
Restaurant
Personal service
General service
Convenience store
Service station
Light industry
Agriculture
Forestry
Lot Requirements
Double dwelling
Assisted Living Accommodations
Bed and Breakfast
Accommodations
Place of worship
Commercial residential
Outdoor market
Indoor market
Shop
Office
Transportation (marine use only)
Utilities and Telecommunications
Standard
Single
Double
Row
Apartments
Minimum lot area (m2)
470
350/unit
350/unit
350/unit
Minimum lot frontage
15 m
9m/unlt
am per unit
15 m
Minimum front
7m
7m
7m
7m
Maximum front
32m
32m
32m
32m
Minimum side yard
1.5m
1.5 m
3m
3m
Maximum building height
15 m
15 m
15 m
15 m
9.6.4
Minimum Lot Size Requirements for Developments with On-Site
Servicing
Municipal piped water supply and sewage disposal by an on-site septic
1400 m'
system approved by the Government Service Centre
Well water supply and connection to municipal sewer
Well water supply and sewage disposal by an on·site septic system
approved by the Government Service Centre
Ferryland Development Regulations
1400 m'
1860 m'
Mixed Development
37
9.6.5
Lot Requirements for Non-Residential Uses
Minimum setback
Minimum setback for
on Southern Shore
Minimum side
Minimum rear yard
Maximum building height
9.6.6
Buffer for Residential Uses
Sm
15m
4 m/1 m
6m
10 m
Where a proposed non-residential use abuts a residential use within the Mixed
Development Use Zone, Council may require a screen or barrier such as a fence,
landscaped embankment, or trees to be erected on the non-residential site along the lot
lines, consistent with the visibility requirements for traffic safety. Alternatively, Council
may increase the sideyard and rearyard requirements on the non-residential site to
provide additional separation from the abutting residential use.
9.6.7
Flood Risk Areas
Proposals for development within identified flood risk areas shall be in accordance with
Section 4.24 and 4.25 of these regulations.
9.6.s
Outdoor Storage
Outdoor storage will not be permitted in front yards. It may be permitted in side yards
and rear yards. Council may require fencing or other forms of screening to prevent an
unsightly appearance.
9.6.9
Backlot Development
Notwithstanding Regulation 4.13 of these Regulations, the following standards and
conditions shall apply to the development of flag lots, or b acldots:
a] All backlots shall have a permanent and direct access to a publicly maintained
street which is included in the Town's Limit of Servicing Agreement;
b) No more than two dwellings shall be permitted to share an access and
drivew·ay;
c] Future development:
i.
The development of the lot would not prevent the use of adjoining lands
for futme development. where there is potential for additional
development in the area, the lot and access shall be developed in a
manner which will accommodate future development. As such, the
access to the public street to which the owner much have clear title,
shall be a minimum width of 12.2 metres to accommodate future public
use;
ii. Where there is no potential for future development, the access to the
public street shall be a minimum of 5 metres in width and shall be
treated as a private driveway;
iii. Where an ;iccess 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 backlots;
38 Mixed Development (MD)
CBCL Limited
e) Where services are available, the site will be serviced - at the owner's expense
- with municipal water and sewer, constructed to standards set by the
Authority. Where no services are available and on-site well and septic system
are proposed, the minimum lot size shall be 4050111' (1 acre);
fJ
The access to the Public Street is ditched on both sides to provide drainage to
the public to which it has access;
g) No dwelling shall be located more than 125 metres from a fire hydrant or from
a public street to which it has access;
h) The Authority shall refer all applications for the development of backlots to the
Municipal Fire Department for confirmation that adequate fire flows rnn be
delivered to the site of any proposed single dwelling before a development
permit is approved;
i) The dwelling is separated from, and oriented, in a manner that does not
adversely affect the privacy and enjoyment of adjoining properties. Separation
distances may be required by the Authority as a condition for development,
considering such things as slope, tree cover, and soil conditions.
Ferryland Development Regulations
Mixed Development (MD) 39
9.7
Historic Townscape Area (HTA)
9.1.1
Permitted Uses
9.7.2
9.7.3
Single dwelling
Inn
Bed and Breakfast
Accommodations
Museum
Places of Worship
Cultural and Civic
Home Occupations related to serving the tourist trade, professional
or personal service uses, craft or artist studio
Recreational Open Space
Conservation
Discretionary Uses
Restaurants
Convenience Store
and telecommunications
Lot Requirements
Minimum lot area
470m
Minimum lot frontage
15 m
Minimum front yard
7m
Maximum front
32m
Minimum side
1.5 m
Maximum building height
15 m
9.7.4
Restaurants & Shops
Restaurant uses shall be small-scale. including such uses as a tea room in existing
dwellings. Shops will be limited to stores catering to the tourist trade such as gift and
craft shops and other specially shops.
9,1.s
Residential Development
1. New development shall be consistent in size, scale and materials with existing
development, and is in keeping with Heritage Townscape Area policies outlined in the
Municipal Plan.
2.
Existing structures may be expanded providing the changes are consistent with the
architectural style of the original building and with developments within the Historic
Townscape Area.
9.7.6
Signs and Advertisements
Signs and advertisements, where permitted shall be in accordance with the
requirements of Section 6 of these regulations.
40 H1stonc Townscape Area (HTA)
CBCL Limited
9.a
Visitor Services Area (VSA)
9.s.1
Permitted Uses
Cultural and Civic
Shop
Restaurants
Office
Recreational Open Space
Information Services
Theatre
Artist Studio
Museum
Transportation (wharves and docks)
9.a.2
Discretionary Uses
Outdoor Assembly
General Assembly
Convenience Store
Industrial Marine
Utilities and telecommunications
9.8.3
Colony of Avalon Master Plan
The discretionary use classes listed in this table may be permitted at the discretion of
the Authority provided that they are complementary to the mix of uses envisioned in
the Colony of Avalon Master Plan.
All uses in this zone must be consistent with the Colony of Avalon Master Plan. Com1cil
will forward applications for development to the Colony of Avalon Foundation for
consideration and recommendation before making a decision.
9.8.4
Architectural Style
The architectural style of new buildings or renovation of existing buildings must be
consistent with the design guidelines contained in the Colony of Avalon Master Plan and
subsequent design studies conducted by the Colony of Avalon Foundation.
9.a.s
Flood Risk Areas
Proposals for development shall be considered in accordance with Section 4.24 and 4.25
of these regulations concerning development within the identified noodway.
Ferryland Development Regulations
Visitor Services Area (VSA) 41
9.9
Special Preservation Area (SPA)
9.9.1
Permitted Uses
Conservation including temporary walkways, interpretive signage
Excavation
Historic Reconstruction
9.9.2
Discretionary Uses
Bed and Breakfast accommodations
Artist studio/art gallery
Wharves, docks and marine industrial uses associated with the
flsh~.~---------------------
Utilllles and telecommunications
9.9.3
Tourist!Temporary Accommodation
Tourist/temporary accommodations such as fled and Breakfast establishments and
temporary boarding accommodations for archaeological crews may be permitted in
existing residences, provided tbat such a use can be recommended for approval by the
Department of Environment and Labour, and that appropriate measures are taken to
ensure personal safety and prevent damage in the event of a flood.
9.9.4
Flood Risk Areas
Proposals for development within identified flood risk areas shall be in accordance with
Section 4.24 and 4.25 of these regulations.
9.9.5
Registered Historic Site
The Department of Tourism. Culture and Recreation has declared the Colony of Avalon
archaeological site a Registered Historic Site under the Historic Resources Act. All
development applications within this are<i will be forwarded to the Historic Resources
Division for approval, prior to Council approval.
42 Special Preservation Area (SPA)
CBCL Limited
9.10 Historic Conservation Area (HCA)
9.10.1
Permitted Uses
Conservation including Interpretive Signage, Walking Trails
Tradlllonal Small Scale
Open Space
9.10.2 Discretionary Uses
Food Services, Shop
9.10.3 Prohibited Uses
Residential Development
Seasonal and temporary accommodation uses
9.10.4 Agriculture
Agriculture shall be limited to uses traditional, small-scale, low-impact uses such as
small gardens, pasture or forage lands.
0.10.s Catering and Crafts Studio
Food services and shop uses shall only he permitted in association with the Ferryland
Lighthouse. Development at the lighthouse site will be limited to the use of existing
buildings. Council may consider reconstruction of former buildings provided they are
situated on the original sites and are of the same size, style and exterior appearance as
the original buildings. No facilities for parking or other vehicular access will be
permitted to the lighthouse, although Council may consider limited improvements to
the narrow road and small parking area at the top of the Downs. Development in this
area will remain small-scale, recognizing the limited capacity of the road to the
lighthouse to accommodate traffic and the impact of development on the landscape.
9.10.e
Flood Risk Areas
Proposals for development within identified flood risk areas shall be in accordance with
Section 4.24 and 4.25 of these regulations.
Ferryland Development Regulations
Historic Conservation Area
43
9.11 Protected Watershed (PW)
a.11.1
Permitted Uses
conservation
9.11.2 Discretionary Uses
Forestry limited to domestic cutting
Utilities and telecommunications
9.11.3
Forestry Use
Forestry use shall be limited to domestic cutting where the use has heen reviewed and
approved by the Water Resources Management Division, Department of Environment
and Conservation.
9.11.4
Prohibited Uses
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.
44 Protected Watershed (PW)
CBCL Limited
9.12 Open Space Conservation (OSC)
9.12.1 Permitted Uses
Conservation
Nature ParksfTrails
s.12.2 Discretionary Uses
Utilities and telecommunications
9.12.3 Flood Risk Areas
Proposals for development within identified tlood risk areas shall be in accordance with
Section 4.24 and 4.25 of these regulations.
Ferryland Development Regulations
Space Conservation
45
9.13 Rural Zone (RUA)
9.13.1
Permitted Uses
Utilities and Telecommunications
Agriculture
Forestry
Conservation
Recreational Open Space
9.13.2 Discretionary Uses
Single Dwelling
Cemetery
Outdoor Market
General
9.13.3 Residential Development
Outdoor Assembly
Marine Industry
Mineral
1. Residential development may be permitted if it is accessory to and necessary for the
operation of a primary permitted use such as a farming operation.
9.13.4 Flood Risk Areas
Proposals for development within identified flood risk areas shall be in accordance with
Section 4.24 and 4.25 of these regulations.
9.1a.s Mineral Workings
Mineral Workings shall be developed in accordance with Section 8.8 of these
regulations.
46 Rural Zone (RUR)
CBCL Limited
APPENDIX A
Land Use Zoning Map
Ferryland Development Regulations
47
J\PPENDIX B
Provincial Development Regulations
48
CBCL Limited
Newfoundland Regulations 3/0 I Development Regulations Under the Urban and Rural Planning Act.
2000.
Published by Authority
NEWFOUNDLAND REGULATION 3/0l
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Ffled January 2, 2001)
Under the authority of section 36 of the Urban and Rural
Planning Act, :WOO, I make the following regulations.
Dated at St. John's, January 2, 2001.
I
Short tide
2. Definitions.
) . Application
4. lnterpreuition
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysi.I
8. Development prohibited
9. Hearing notice and mtttings
10. Heumg of evidence
l l. Board decision
5. Notice of right w appeal
12. Varian<es
6. Appeal requirements
l 3. Notice of variance
7. Appcol r<gistration
14. Reiidcntial non conformity
Shon 1itle
Ddinitioos
Applieatiou
Deve/opmenl Regulations
1 S. Notice and hearings on
change of use
16. Non-oonfonnance with
standards
17. Discontinuance of non-
oonformins use
18. Oclepion of powers
19. Commencement
J/01
I. These regulations may be ci~ as the Development Regulollons.
2. Jn these regulations,
(a) "Act'', unless the context indicate otherwise, means the
Urban and Rural Planning Ac/, 2000;
(b) "applicant" means a person who has applied to an authority
for an approval or pennit to carry out a development;
(c) "authority' means a council, authorized administrator or
regional authority; and
(d) "developmeot regulations" means these regulations and
regulations and by-laws respecting development 11tat have
been enacted by the relevant authority.
3. (I) These regulations shall be included in the development
regulations of an authority and shall apply to all planning areas.
(2) Where there is a conflict between thes.e regulations and
development regulations or other regulations of an authority, these
regulations shall apply.
(3) Where another Act of the province provides a right of appeal
to the board, these regulations shall apply to that appeal.
4. (I) In development regulations and other regulations made with
respect to a planning area the following terms shall have the meanings
indicated in this sectiOl'I
(a) "access" means a way used or intended to be used by
vehicles, pedestrians or animals in order to go from a street
to adjacent or nearby land or to go from that land to the
street;
(b) "accessory building" includes
Deve/opmenl Regula/ions
J/01
(i) a detached subordinate building not used as a dwelling,
located on the same lot as the main building to which it
is an accessory and which has a use that is customarily
incidenml or complementary to the main use of the
building or land,
(ii) for residential uses, domestic garages, carpons, ramps,
sheds, swimming pools, greenhouses, cold frames, fuel
sheds, vegembles storage cellars, shelters for domestic
pets or radio and television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and
docks;
(c) "accessory use" means a use that is subsidiary to a permitted
or discretionary use and that is customarily expected to
occur with the permitted or discretionary use;
(d) "building height" means the vertical distance, measured in
metres from the established grade to the
(i) highest point of the roof surface ofa flat roof,
(ii) deck line of a mansard roof, and
(iii) mean height level between the eave and the ridge of a
gable, hip or gambrel roof,
and in any case, a building height shall not include
mechanical structure, smokestacks, steeples and purely
ornamental structures above a roof;
(e) "building line" means a line established by an authority that
runs parallel to a street line and is set at the closest point to a
street that a building may be placed;
(f) "discretionary use" means a use that is listed within the
discretionary use classes established in the use zone tables of
an authority's development regulations;
(g) "established grade" means,
3
Development Regulations
JIOI
(i) where used in reference to a building, the average
elevation of the finished surface of the gro\Uld where it
meets the exterior or the front of that building exclusive
of any anificial embankment or entrenchment, or
(ii) where used in reference to a structure that is not a
building, the average elevation of the finished grade of
the ground immediately surrounding the structure,
exclusive of any artificial embankment or entrenchment;
(h) "floor area" means the total area of all floors in a building
measured to the outside face of exterior walls;
(i) "frontage" means the horizontal distance between side lot
lines measured at the building line;
G> "lot" means a plot, tract or parcel of land which can be
considered as a llllit ofland for a particular use or building;
(k) "lot area" means the total horizontal area within the lines of
the lot;
(I) "lot coverage" means the combined area of all building on a
lot measured at the level of the lowest floor above the
established grade and expressed as a percentage of the total
area of the lot;
·
(m) "non-oonfonning use" means a legally existing use that is
not .listed as a pennitted or discretionary use for the use
zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons
owning or having the legal right to use the land IUlder
consideration;
(o) "pennitted use" means a use that is listed within the
pennined use classes set out in the use zone tables of an
authority's development regulations;
(p) "prohibited use" means a use that is not listed in a use zone
within the pennitted use classes or discretionary use classes
4
Development Regulations
1101
or a use that an authority spedfies as not pennined within a
use zone;
(q) "sign" means a word, letter. model, placard, board, device or
representation, whether illuminated or not, in the nature of or
employed wholly or in part for the purpose of advenisement,
announcement or direction and excludes those things
employed wholly as a memorial, advenisemenlS of local
government, utilities and boarding or similar structures used
for the display of advertisements;
(r) "rear yard depth" means the distance between the rear lot
line and the rear wall of the main building on a lot;
(s) "side yard depth" means the distance between the side lot
line and the nearest side wall of a building on the lot;
(t) "street' means a street, road, highway or other way designed
for the passage of vehicles and pedestrians and which is
accessible by fire department and nther emergency vehicles;
(u) "street line" means the edge of a street reservation as defmed
by the authority having jurisdiction;
(v) "use" means a building or activity situated on a lot or a
development pennltted on a lot;
(w) "use zone" or "zone" means an area of land including
buildings and water desig11ated on the zoning map to which
the uses, standards and conditions of a particular use zone
table apply;
(x) "variance" moans a depanure, to a maximwn of I 0% from
the yard, area, lot coverage, setback, size, heigh~ frontage or
any other numeric requirement of lhe applicable Use Zone
Table <>fthe authority's regulations; and
(y) "zoning map" means the map or maps attached to and
fonning a part of the authority's regulations.
(2) An authority may, in its discretion, determine the uses that
may or may not be developed in a use zone and those uses shall be
N~iui of right to
'l'P<d
"-1
requirements
Deve/opmen/ Regulations
JIQI
listed in the authority's regulations as discretionary, permitted or
prohibited uses for that area.
5. Where an authority makes a decision that may be appealed
under seClion 42 of the Act. that authority shall, in writing, at the time
of making that decision, notify the person to whom the decision applies
of the
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of
the appeal.
6. (I) The secretary of the board at the Department of Municipal
and Provindal Affairs, Main Floor, Confederation Building (West
Block), P.O. Box 8700, St Jolm's, Nfld., AIB 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) Notwithstanding subsection (I), where the City of Comer
Brook, City of Mount Pearl or City of St John's appoints an appeal
board under subsection 40(2) of the Act, an appeal shall be filed with
the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to
the board that hears the decision being appealed by filing it with the
se<:retary referTed to in subsection(!) or (2) within the 14 days referred
to in subsection 42( 4) of the Act.
(4) The board that hears the decision being appealed shall,
subject to subsection 44(3) of the Act, retain the fee paid to the board_
(5) Where an appeal of a decision and the required fee is not
received by a board in accordance with this section and Part VI of the
Act, the right to appeal that decision shall be considered to have been
forfeited.
6
Development Regulations
3/01
7. (I) 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.
Deve:lapmcnt
prohibited
(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 comspondence, council minutes, plans
and other relevant information relating to the -??Cal 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
hoard by the board.
8. (I) Immediately upon notice of the registration of an appeal the
appropriate authority shall ensure that any development upon the
property that is the subject of the appeal ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting
under subsection (I).
(3) Upon receipt of a notification of the registration of an appeal
with respect to an order under section 102 of the Act, an authority shall
not C8IT)' out work related to the matter being appealed,
9. (I) A board shall notify the appellant, applicant, authority and
other persons affected by the subject of an appeal of the date, time and
place for the appeal not fewer than 7 days before the date scheduled for
the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its
work in an expeditious manner.
Development Regulations
J/01
JO. (l) A board shall meet at a place within the area under its
H...moor,.;dcnoc
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.
Board detiDa11
No1iee of vari1111cc
(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 tbe same manner as evidence directly provided
at the hearing of the board.
(4) In the conduct of an appeal hearing, tbe board is not bound
by the rules of evidence.
11. A decision of the board must comply with the plan, scheme or
development regulations that apply to the matter that has been appealed
to that board.
12. (I) 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 maximwn 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 tbe same land, building or structure, would have a cumulative
effect that is greater than a 10% variance even though the individual
variances are separately no more than 10%.
(3) An authority shall not permit a variance from development
standards where the proposed development would increase the non
conformity of an existing developmenl
13. 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.
8
Development Regulations
3101
14. A residential building or structure referred to in paragraph
R..;deoiitl,..
108(3)(&) of the Act must, where being repaired or rebuilt, be repaired
""'f01111ily
or rebuilt in accordance with the plan and development regulations
applicable to that building or structure.
No1iceandb...;n.,
15. Where considering a non conforming building, strucrure or
.,.i. .. .,"'""
development under paragraph 108(3)(d) of the Act and before making a
decision to vary an existing use of that non·confonning 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.
Non-contonn....
16. Where a bu ii ding, structure or development does not meet the
wilh ""'dards
development stam:lards included in development regulations, the
building, structure or development shall not be expanded if the
expansion would increase the non-confOnnity and an expansion must
comply with the development standards applicable to that building,
structure or development.
Disoonthwanco or
17. An authority may make development regulations providing for a
-on-<1>of0!1lliog ""
greater period of time than is provided under subsection I 08(2) of the
Act with respect to the time by which a discontinued non-conforming
use may resume operation.
r;.1,8,.;oo .r
18. An authority shall, where designating employees to whom a
P""""
power is to be delegated under subsection 109(3) of the Act, make that
designation in writing.
c.,,.,.., ...... ,
19. These regulatiollS shall be considered to have come lnlo
force on January I, 2001.
©Earl G. Tucker, Queen's Printer
9
APPENDIXC
Classification of Uses and Buildings
Ferryland Development Regulations
49
Classification of Uses and Buildings
This lists is intended to assist in the interpretation of the types of uses within the use classes
listed in the Use Zone Tables in Section 8 of these regulations. Examples included in the
following table are not exhaustive and are used to illustrate typical types of developments
within a use class.
Residential Uses
Residential Uses
Division
Use Class
Examples
Residential Dwelling Uses
Single Dwelling
- Single Detached
Double Dwelling
- Duplex Dwellings
- Semi-detached Dwelling
Row Dwelling
- Row Houses
Apartment Building
- Apartment Building
- Residential Complexes (4 or more
units)
Other Residential Uses
[ill Commercial Uses
Division
Business and Professional
Uses
General Services
50
Mobile Home
- Mini Homes
- Mobile Homes
Residential Accommodation
- Bed & Breakfasts
- Boarding Houses
Seasonal Residential
- Summer Cabins
- Lodging Homes
Residential Care
- Personal Care Homes
- Residential Care Centres
Use Class
Examples
Medical Services
- Clinics
- Dental Offices & Surgeries
- Medical Offices & Consulting Rooms
- Veterinary Clinics
- Animal Hospitals
Office and Professional
- Professional Offices
- Law Offices
- Banks
- Business & Government Office
Personal Services
- Barbers
- Beauty Parlours
- Domestic & Household Arts
- Hairdressers
- Tanning Salons
-
CBCL Limited
Retail Uses
Entertainment Uses
General Services
Animal Services
Commercial
Accommodation
Communications
Emergency Services
Shopping Centre
Shop
Indoor Market
Outdoor Market
Convenience Store
Food and Catering
···Take-Out Food Service
Ferryland Development Regulations
- Nail Salons
- Car Washes
- Dry Cleaners (not using flammable or
explosive substances)
- Laundromats
- Small Tool & Appliance Service/
Rentals
- Animal Pounds
- Kennels
- Zoos
- Pet Sitting Services
- Hotels
- Motels
- Inns
- Radio Stations
- Telephone Exchanges
- Police Stations (without detention
quarters)
- Fire Station
- Shopping Centres
- Strip Malls
- Automobile Dealerships
- Used Car Lots
- Department Stores
- Retail Shops
- Showrooms
- Supermarkets
- Auction Halls
- Exhibition Halls
- Indoor Famers Markets
- Animal Markets
- Fish Stalls
- Market Grounds
- Produce & Fruit Stands
- Outdoor Farmers Markets
- Flea Markets
- Confectionary Stores
- Corner Stores
- Gift Shops
- Specialty Shops
- Video Stores
- Bars
- Lounges
- Restaurants
- Nightclubs
- Take-out Restaurants
-
51
Theatre
-
Institutional and Public Uses
Division
Penal & Correctional
Institutional Uses
Institutional Care Uses
Use Class
Penal & Correctional
Detention
Medical Treatment & Special
Care
Funeral Home
- Electronic Games Arcades
- Pinball Parlours
- Poolrooms
- Bowling Alleys
- Adult Entertainment
- Movie Theatres
-
Examples
- Police Stations (with detention
quarters)
- Youth Correctional Facilities
- Personal Care Homes
- Nursing Homes
- Treatment Centres
- Medical Clinics
- Crematoria
- Funeral Homes & Chapels
······················--'-==~=~~===-----
Cultural and Institutional
Uses
Assembly Uses
52
Child Care
Cultural & Civic
Ed ucatlonal
Place of Worship
Cemetery
General Assembly
Indoor Assembly
- Day Care Centres
- Home Child Care Services
- Nursery Schools
o Early Childhood Education Services
- Art Galleries
- Town Administrative Offices
- Court Rooms
- Libraries
- Museums
- Arts and Culture Centres
- Interpretive Centres
- Studios
- Private Schools
- Public Schools
- Church Halls
- Churches & similar places of worship
- Cemeteries
- Auditoria
- Community Halls
- Dance Halls
- Exhibition Halls
- Gymnasia
- Lodge Halls
- Arenas
-
CBCL Limited
I
Utility and Transportation
Uses
/j Industrial Uses
Division
Industrial uses involving
highly combustible &
ha:!'.ardous substances &
processes.
General Industrial Uses
involving Limited Hazardous
Substances & Processes.
Ferryland Development Regulations
Outdoor Assembly
Public Works and Utilities
Marine Transportation
Transportation Services
Use Class
Ha:i'.ardous Industry
General Industry
- Ice Rinks
- Indoor Swimming Pools
- Fitness Clubs
- Amusement Parks & Fairgrounds
- Bleachers
- Drive-in Theatres
- Exhibition Grounds
- Grandstands
- Outdoor Ice Rinks & Swimming Pools
- Outdoor Stadiums & Venues
- Cellular Communications Towers
- Satellite Dish Antenna
- Television, Radio & Communications
- Transmitting and Receiving Masts &
Antennae
- Recreational Piers, Docks & Wharves
- Boathouses
- Marinas
- Boat Ramps & Launches
- Slips & Slipways
- Passenger Stations & Depots
- Taxi Stands
Examples
- Bulk Plants for Flammable Liquids
- Bulk Storage Warehouses for
Hazardous Substances
- Chemical Manufacturing or
Processing Plants
- Distilleries
- Dry-cleaning Plants
- Feed Mills
- Lacquer, Mattress, Paint, Varnish &
Rubber
- Factories
- Spray Painting Operations
- Wastepaper Processing Plants
- Aggregate-Related Industries
- Aircraft Hangars
- Bulk Storage Facility
- Cold Storage Plants
- Contractors' Yards
- Concrete Plants
-
53
Light, Non-Hazardous
Industrial Uses
Resource-Based Industry
Marine Industrial Uses
54
Solid Waste
Service Station
Light Industry
Commercial Agriculture
Forestry
Mineral Working
Marine Industrial
- Freight Depots
- General Garages
- Laboratories
- Laundries
- Printing Plants
- Sawmill
- Warehouses
- Workshops
- Incinerators
- Recycling Plants
- Sanitary Land Fill
- Solid Waste Disposal
- Gas Bars
- Gasoline Service Stations
- Custom Workshops
- Indoor Storage
- Light Industry
- Lumber Yard
- Parking Garages
- Recycling Depot
- Warehouses & Storage Centres
- Wholesale Rooms
-
- Car Wrecking Yards
- Junk Yards
- Salvage Yard
- Scrap Dealers
- Commercial Farms
- Horticulture
- Silviculture
- Sawmills
- Tree Nurseries
- Mineral Exploration
- Mines
- Oil Wells
- Pits
- Quarries
- Harbours
- Fish Processing Plants
- Drydocks
- Wharves
CBCL Limited
M Environmental and Utility Uses
Division
Conservation Uses
Recreational Uses
Ferryland Development Regulations
Use Class
Conservation
Recreational Open
Space
Small Scale Agriculture
Examples
- Architectural Historical Sites
- Butter Strips
- Trails and Boardwalks
- Scenic Lookout Sites
- Watersheds
- Wildlife Sanctuaries
- Campgrounds
- Hiking Trails
- Parks
- Playing Fields and Courts
- Playgrounds
- Sports Grounds
- Hobby Farms
- Market Gardens & Nurseries
- Community Gardens
55