Town of Flatrock Development Regulations 2015-2025 — full text

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TOWN OF FLATROCK DEVELOPMENT REGULATIONS 2015-2025 Gazetted: February 10, 2017 Consolidation Date: n/a Amendments: To see if there were any amendments to this document since it came into effect, please refer to: List of Amendments - URBAN AND RURAL PLANNING ACT RESOLUTION TO APPROVE TOWN OF FLATROCK DEVELOPMENT REGULATIONS 2015-2025 Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning Act 2000, the Town Council of Flatrock. a) Adopted the Flatrock Development Regulations 2015-2025 on the 1st day of August, 2016. b) Gave notice of the adoption of the Town of Flatrock Development Regulations 2015-2025 by advertisement inserted on the 2ih day of August and the 3rd day of September, 2016, in The Telegram newspaper. _\ G,.i) 0 C\u£ le p (~:;) c) Set the ~th day of SepteFRber, 2016, at 7:30 p.m. at the Flatrock Community Centre for the holding of a public hearing to consider objections and submissions. Now under section 23 of the Urban and Rural Planning Act 2000, the Town Council of Flatrock approved the Town of Flatrock Development Regulations 2015-2025 as adopted (or as amended). SIGNED AND SEALED this k day of;{/,\, I -LlY1 b.; )- '2016 ,(· { _ 1 _~/_;_,<..--,__,e-'~'...,_~--·~·~':-;,.,,_~_::..----_ · (Council Seal) Mayor: Clerk: URBAN AND RURAL PLANNING ACT RESOLUTION TO ADOPT TOWN OF FLATROCK DEVELOPMENT REGULATIONS 2015-2025 Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council of Flatrock adopts the Flatrock Development Regulations 2015-2025. Adopted by the Town Council of Flatrock on the 151 day of August, 2016. Signed and sealed this J ? day otd/ \V-Bw1 l1 "'Y::: , 2016. - ---'/;' Mayor: 1 _/_· ~~L=-~_,'--,__.'~)_,_/ _~_--'-7-'z:::j_C_ouncil Seal) Clerk: ~ CANADIAN INSTITUTE OF PLANNERS CERTIFICATION I certify that the attached Town of Flatrock Development Regulations 2015-2025 has been prepared Planning Act. in accordance with the requirements of the Urban and Rural Town of Flatrock Development Regulations 2015-2025 PLAN-TECH ENVIRONMENT TABLE OF CONTENTS Regulation 1. 2. 3. 4. 5. APPLICATION Short Title . Interpretation .................... . Commencement . Municipal Code and Regulations Authority ................ . PART I - GENERAL REGULATIONS Compliance with Regulations Permit Required Permit to be Issued Permit Not to be Issued in Certain Cases Discretionary Powers of Authority .............. . Variances ...... Notice of Variance ................................ . Service Levy .................................... . Financial Guarantees by Developer ................. . Dedication of Land for Public Uses ..... Page# 1 ·························· ········ 1 . .... 1 ....... 1 . ........ 1 ····················· 2 ··········· ······· 2 . ........ 2 ······ 2 ················································ 3 . .. 3 . ... 4 4 5 6 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Reinstatement of Land .................................................................................... . . .... 6 ····· ········· 6 Form of Application . Register of Application 7 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. Deferment of Application ......... . Approval in Principle ................. . Development Permit ............. . Reasons for Refusing Permit Notice of Right to Appeal. Appeal Requirements .... Approval Registration .. Development Prohibited ....... . Appeal Board ......... . Appeals .. Hearing Notice and Meetings .. .. Hearing of Evidence ............. . Return of Appeal Fee Notice of Application Right of Entry . Record of Violations ............... . TABLE OF CONTENTS Stop Work Order and Prosecution .. Delegation of Power ...... . ··············· 7 7 ····················································· 8 ...... 9 ························· .......................... 10 . ........................... 10 . ..... 11 . ........... 11 ················· .................................. 12 ··············· ················ ........ 12 . ...... 14 . ....... 14 ············· 15 ························ ... 15 . ............... ················ ·········· 15 ············· 16 . ... 16 ···························· ······················ .......... 16 PART II - GENERAL DEVELOPMENT STANDARDS Accesses and Service Streets . Accessory Buildings ..... . Advertisements ........................ . Buffer Strips ..... . 17 17 . ... 17 ······················· ············· ······ 18 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. TABLE OF CONTENTS Building Height ...... . Building Line and Setback ................ . Family and Group Care Centres Height Exceptions ................ . Livestock Structures and Uses Lot Area ............................... . Lot Area and Size Exceptions . Lot Frontage ......................... . Non-Conforming Uses ............. . .. 18 .............. 18 19 ················ ······················· 19 ············· 19 . ..... 20 . 20 21 ································· ................... 21 Offensive and Dangerous Uses Off-street Parking Requirements .... Off-street Loading Requirements .. . ............................ ················ ....................... 23 Parks and Playgrounds and Conservation Uses Screening and Landscaping Services and Public Utilities ............... . Service Stations ....... . Sideyards ................................ . Street Construction Standards ............... . Subsidiary Apartments Unsubdivided Land ............. . ······················································· 23 .. ......................................... 25 ..... 25 ..... 25 . ...... 26 .. .. 26 .. ............ 26 .. ... 27 . ..... 27 .. ... 27 Zero Lot Line and Other Comprehensive Development ......................................................................... 27 PART Ill - ADVERTISEMENTS Permit Required ............................................................................................................................. 28 63. 64. 6S. 66. 67. 68. 69. 70. 71. 72. 73. 74. 7S. 76. 77. 78. 79. 80. 81. 82. 83. 84. TABLE OF CONTENTS Form of Application ............... . Advertisements Prohibited in Street Reservation Permit Valid for limited Period .... Removal of Advertisements ..................... . Advertisements Exempt from Control ..... Approval Subject to Conditions ...... . Non-Conforming Uses ............................... . PART IV - SUBDIVISION OF LAND Permit Required Services to be Provided ........ .. Payment of Service Levies and Other Charges Issue of Permit Subject to Considerations .................. . Building Permits Required . Form of Application ..................................... . Subdivision Subject to Zoning . Bullding Lines ....................... . Land for Public Open Space .... . Structure in Street Reservation . ··········· 28 . .. 28 .. 28 28 .. 29 30 . ........ 30 ..... 30 ··················· 30 ...... 31 . .... 31 ··············· ··············· ·············· ....... 32 ················ ··················· ... 32 32 32 32 34 Subdivision Design Standards ......... . ···································· ································ 34 Engineer to Design Works and Certify Construction Layout ······· 36 Developer to Pay Engineer's Fees and Charges ··············· 36 Street Works May be Deferred .................................................... . 36 Transfer of Streets and Utilities to Authority ...................................... . ·············· 37 85. 86. 87. 88. 89. 90. 91. TABLE OF CONTENTS Restriction on Sale of Lots .............. . Grouping of Dwellings and Landscaping ................... . PART V - USE ZONES Use Zones .. Use Classes .............. . Permitted Uses ... Discretionary Uses ..................... . Uses Not Permitted ... SCHEDULES SCHEDULE A: Definitions SCHEDULE B: Classification of Uses of Land and Buildings SCHEDULE C: Use Zone Tables SCHEDULE D: Off-Street Parking Requirements SCHEDULE E: Land Use Zoning Maps ··············· 38 ······· 38 . 39 ················· 39 ·········· 39 .. ······················ 40 ········ 41 Application 1. Short Title TOWN OF FLATROCK MUNICIPAL PLAN LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS {DfVELOPMENT REGULATIONS) APPLICATION These Regulations may be cited as the Flatrock Development Regulations. 2. Interpretation Page 1 (1) Words and phrases used in these Regulations shall have the meanings ascribed to them in Schedule A. (2) Words and phrases not defined in Schedule A shall have the meanings which are commonly assigned to them in the context in which they are used in the Regulations. 3. Commencement These Regulations come into effect throughout the Flatrock Municipal Planning Area, hereinafter referred to as the Planning Area, on the date of publication of a notice to that effect in the Newfoundland and Labrador Gazette. 4. Municipal Code and Regulations The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or any other municipal regulations regulating or controlling the development, conservation and use of land in force in the Town of Flatrock, shall, under these Regulations apply to the entire Planning Area. 5. Authority In these Regulations, "Authority" means the Council of the Town of Flatrock. PART I -GENERAL REGULATIONS 6. Compliance With Regulations No development shall be carried out within the Planning Area except in accordance with these Regulations. 7. Permit Required No person shall carry out any development within the Planning Area except where otherwise provided in these Regulations unless a permit for the development has been issued by the Authority. 8. Permit to be Issued Subject to Regulations 9 and 10, a permit shall be issued for development within the Planning Area that conforms to: (a) the general development standards set out in Part II of these Regulations, the requirements of Part V of these Regulations, and the use classes, standards, requirem- ents, and conditions prescribed in Schedule C of these Regulations for the use zone in which the proposed development is located; (b) the standards set out in the Building Code and/or other ancillary codes, and any Building Regulations, Waste Disposal Regulations, and/or any other municipal regula- tion in force in the Planning Area regulating or controlling development, conservation and use of land and buildings; (c) the standards set out in Part Ill of these Regulations in the case of advertisement; (d) the standards set out in Part IV of these Regulations in the case of subdivision; (e) the standards of design and appearance established by the Authority. 9. Permit Not to be Issued in Certain Cases Neither a permit nor approval in principle shall be issued for development within the Planning Part II - General Regulations 13 Area when, in the opinion of the Authority, it is premature by reason of the site lacking adequate road access, power, drainage, sanitary facilities, or domestic water supply, or being beyond the natural development of the area at the time of application unless the applicant contracts to pay the full cost of construction of the services deemed necessary by the Authority and such cost shall attach to and upon the property in respect of which it is imposed. 10. Discretionary Powers of Authority (1) In considering an application for a permit or for approval in principle to carry out development, the Authority shall take into account the policies expressed in the Munici- pal Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the general appearance of the development of the area, the amenity of the surr- oundings, availability of utilities, public safety and convenience, and any other consider- ations which are, in its opinion, material, and notwithstanding the conformity of the application with the requirements of these Regulations, the Authority may, in its discretion, and as a result of its consideration of the matters set out in this Regulation, conditionally approve or refuse the application. (2) An authority may, in its discretion, determine the uses that may or may not be developed in a use zone and those uses shall be listed in the authority's regulations as discretionary, permitted or prohibited uses for that area 11. Variances (1) Where an approval or permit cannot be given by the Authority because a proposed development does not comply with development standards set out in development regulations, the Authority may, in its discretion, vary the applicable development standards to a maximum of 10% if, in the authority's opinion, compliance with the development standards would prejudice the proper development of the land, building or structure in question or would be contrary to public interest. (2) The Authority shall not allow a variance from development standards set out in Part II - General Regulations 14 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) The Authority shall not permit a variance from development standards where the proposed development would increase the non conformity of an existing development. 12. Notice of Variance Where the Authority is to consider a proposed variance, the Authority shall give written notice of the proposed variance from development standards to all persons whose land is in the immediate vicinity of the land that is the subject of the variance, and allow a minimum period of 7 days for response. 13. Service Levy (1) The Authority may require a developer to pay a service levy where development is made possible or where the density of potential development is increased, or where the value of property is enhanced by the carrying out of public works either on or off the site of the development. (2) A service levy shall not exceed the cost, or estimated cost, including finance charges to the Authority of constructing or improving the public works referred to in Regulation 13(1) that are necessary for the real property to be developed in accordance with the standards required by the Authority and for uses that are permitted on that real property. (3) A service levy shall be assessed on the real property based on: (a) the amount of real property benefited by the public works related to all the real property so benefited; and, Part II - General Regulations 15 {b) the density of development made capable or increased by the public work. (4) The Authority may require a service levy to be paid by the owner of the real property; {a) at the time the levy is imposed; {b) at the time development of the real property commences; (c) at the time development of the real property is completed; or, {d) at such other time as the Authority may decide. 14. Financial Guarantees by Developer (1) The Authority may require a developer before commencing a development to make such financial provisions and/or enter into such agreements as may be required to guarantee the payment of service levies, ensure site reinstatement, and to enforce the carrying out of any other condition attached to a permit or licence. (2) The financial provisions pursuant to Regulation 14{1) may be made in the form of: {a) a cash deposit from the developer, to be held by the Authority, or; {b) a guarantee by a bank, or other institution acceptable to the Minister, for expenditures by the developer, or; {c) a performance bond provided by an insurance company or a bank, or; {d) an annual contribution to a sinking fund held by the Authority, or; {f) another form of financial guarantee that the Authority may approve. 15. Dedication of Land for Public Use In addition to the requirements for dedication of land under Regulation 78, the Authority may require the dedication of a percentage of the land area of any subdivision or other development for public use, and such land shall be conveyed to the Authority in accordance with the provisions of the Act. Part II - General Regulations 16. Reinstatement of Land 16 Where the use of land is discontinued or the intensity of its use is decreased, the Authority may order the developer, the occupier of the site, or the owner or all of them to reinstate the site, to remove all or any buildings or erections, to cover or fill all wells or excavations, and to close all or any accesses, or to do any of these things or all of them, as the case may be, and the developer, occupier or owner shall carry out the order of the Authority and shall put the site in a clean and sanitary condition to the satisfaction of the Authority. 17. Form of Application (1) An application for a development permit or for approval in principle shall be made only by the owner or by a person authorized by the owner to the Authority on such form as may be prescribed by the Authority, and every application shall include such plans, specifications and drawings as the Authority may require, and be accompanied by the permit fee required by the Authority. (2) The Authority shall supply to every applicant a copy of the application forms referred to in Regulation 17(1) and a description of the plans, specifications and drawings required to be provided with the application and any information or requirements applicable to the application. 18. Register of Application The Authority shall keep a public register of all applications for development, and shall enter therein the Authority's decision upon each application and the result of any appeal from that decision. 19. Deferment of Application (1) An application properly submitted in accordance with these Regulations shall be determined within eight (8) weeks of receipt of the application by the Council. Part II - General Regulations 17 (2) The Council may defer consideration of an application where additional information or consideration is required. (3) Where no decision on an application has been made within eight (8) weeks of its submission, the application shall be deemed to be refused. 20. Approval in Principle (1) An application for Approval in Principle shall include; a) a description of the proposed development, b) a description of the limits of the land to be used with the proposed development, and may include a survey description of the subject lands, and c) submission of any pertinent information that may be required by the Council. (2) The Council may issue an Approval in Principle if it determines the application conforms to the Municipal Plan and these Regulations. (3) An Approval in Principle shall be valid for a period of 1 year, and may be extended 1 year (must be requested by applicant), up to a total maximum period of 2 years. (4) No development shall be carried out under an Approval in Principle. (5) Council may revoke an Approval in Principle if it determines the applicant has changed the proposed development in a way that significantly alters the original intent of the applications. 21. Development Permit (1) A written Permit to Develop, including a temporary Permit to Develop, issued by the Council shall be permission to develop. This permission shall not relieve the applicant from Part II - General Regulations 18 full responsibility of obtaining all other approvals, prior to the commencement of development, and complying with the requirements of all other regulations and statutes during development. (2) The Council may attach conditions to a Permit to Develop to ensure compliance with the Municipal Plan and these Regulations, and the permit holder shall be responsible for full compliance with the permit conditions. {3) A Permit to Develop is valid for a period of 1 year and may be extended twice up to a total maximum period of 3 years. (4) The issuance of a Permit to Develop shall not prevent the Council from requiring the correction of errors, or ordering the cessation, removal of, or remedial work on any development being carried out that is in violation of the Municipal Plan and these Regulations. (5) The Council may revoke a Permit to Develop for failure by the developer to comply with the Municipal Plan and these Regulations, or any condition attached to the Permit to Develop, or where it was issued in error or was issued on the basis of incorrect information. {6) No person shall change the application for which a Permit to Develop has been issued unless the change has been approved by a resolution of the Council, and written approval has been issued. (7) A copy of the Permit to Develop, and the plans and specifications, shall be kept on the site until completion of the development. 22. Reasons for Refusing Permit The Authority shall, when refusing to issue a permit or attaching conditions to a permit, state Part II - General Regulations 19 the reasons for so doing. 23. Notice of Right to Appeal Where the Authority makes a decision that may be appealed under section 42 of the Act, the Authority shall, in writing, at the time of making that decision, notify the person to whom the decision applies of the: (a) person"s right to appeal the decision to the board; (b) time by which an appeal is to be made; (c) right of other interested persons to appeal the decision; and (d) manner of making an appeal and the address for the filing of the appeal. 24. Appeal Requirements (1) The secretary of the Regional Appeal Board, Department of Municipal and Intergovernmental Affairs, P.O. Box 8700, St. John"s, NL, AlB 4J6, is the secretary to all Regional Appeal Boards in the province and an appeal filed with that secretary within the time period referred to in subsection 42(4) of the Act shall be considered to have been filed with the appropriate Appeal Board. (2) The fee required under section 44 of the Act shall be paid to the Appeal Board that hears the decision being appealed by filing it with the secretary referred to in subsection (1) or (2) within the 14 days referred to in subsection 42(4) of the Act. (3) The Appeal Board that hears the decision being appealed shall, subject to subsection 44(3) of the Act, retain the fee paid to the Appeal Board. (4) Where an appeal of a decision and the required fee is not received by an Appeal Board in accordance with this section and Part VI of the Act, the right to appeal that decision shall be considered to have been forfeited. Part II - General Regulations 20 25. Appeal Registration (1) Upon receipt of an appeal and fee as required under the Act and these regulations, the secretary of the Appeal Board as referred to in subsections 24(1) and (2), shall immediately register the appeal. (2) Where an appeal has been registered the secretary of the Appeal Board shall notify the Authority of the appeal and shall provide to the Authority a copy of the appeal and the documentation related to the appeal. (3) Where the Authority has been notified of an appeal that Authority shall within one week of notification forward to the appropriate board a copy of the application being appealed, all correspondence, council minutes, plans and other relevant information relating to the appeal including the names and addresses of the applicant and other interested persons of whom the authority has knowledge. (4) Upon receipt of the information under subsection (3), the secretary of the board shall publish in a newspaper circulated in the area of the appropriate authority, a notice that the appeal has been registered. (5) A notice published under subsection (4) shall be published not fewer than 2 weeks before the date upon which the appeal is to be heard by the board. 26. Development Prohibited (1) Immediately upon notice of the registration of an appeal the Authority shall ensure that any development upon the property that is the subject of the appeal ceases. (2) Sections 102 and 104 of the Act apply to the Authority acting under subsection (1). (3) Upon receipt of a notification of the registration of an appeal with respect to an order under section 102 of the Act, the Authority shall not carry out work related to the Part II - General Regulations 21 matter being appealed. 27. Appeal Board (1) The minister may, by order, establish an Appeal Board and shall assign to the Appeal Board a specific area of the province over which it shall have jurisdiction, as outlined in section 40, of the Act. 28. Appeals (1) A person or an association of persons aggrieved of a decision that, under the regulations, may be appealed, may appeal that decision to the appropriate Appeal Board where the decision is with respect to (a) an application to undertake a development; (b) a revocation of an approval or a permit to undertake a development; (c) the issuance of a stop work order; and (d) a decision permitted under the Act or another Act to be appealed to the board. (2) A decision of the Authority to adopt, approve or proceed with a municipal plan, a scheme, development regulations and amendments and revisions of them is final and not subject to an appeal. (3) An Appeal Board shall not make a decision that does not comply with the municipal plan, a scheme and development regulations that apply to the matter being appealed. (4) An appeal shall be filed with the Appeal Board not more than 14 days after the person who made the original application appealed from has received the decision being appealed. (5) An appeal shall be made in writing and shall include (a) a summary of the decision appealed from; (b) the grounds for the appeal; and Part ll - General Regulations 22 (c) the required fee. (6) A person or group of persons affected by the subject of an appeal or their representatives may appear before an Appeal Board and make representations concerning the matter under appeal. (7) An Appeal Board may inform itself of the subject matter of the appeal in the manner it considers necessary to reach a decision. (8) An Appeal Board shall consider and determine appeals in accordance w"1th the Act and the municipal plan, scheme and regulations that have been registered under section 24, of the Act, and having regard to the circumstances and merits of the case. (9) A decision of the Appeal Board must comply with the plan, scheme or development regulations that apply to the matter that has been appealed to that board. (10) In determining an appeal, an Appeal Board may confirm, reverse or vary the decision appealed from and may impose those conditions that the board considers appropriate in the circumstances and may direct the Authority to carry out its decision or make the necessary order to have its decision implemented. (11) Notwithstanding subsection (10), where the Authority may, in its discretion, make a decision, an Appeal Board shall not make another decision that overrules the discretionary decision. (12) The decision of a majority of the members of an Appeal Board present at the hearing of an appeal shall be the decision of the Appeal Board. (13) An Appeal Board shall, in writing notify the appellant and the appropriate Authority of the decision of the Appeal Board. Part II - General Regulations 23 29. Hearing Notice and Meetings (1) An Appeal Board shall notify the appellant, applicant, authority and other persons affected by the subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date scheduled for the hearing of the appeal. (2) An Appeal Board may meet as often as is necessary to conduct its work in an expeditious manner. 30. Hearing of Evidence (1) An Appeal Board shall meet at a place within the area under its jurisdiction and the appellant and other persons notified under regulation 29(1) or their representative may appear before the Appeal Board and make representations with respect to the matter being appealed. (2) An Appeal Board shall hear an appeal in accordance with section 43 of the Act and these regulations. (3) A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing of a property shall be considered to have been provided in the same manner as evidence directly provided at the hearing of the Appeal Board. (4) In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of evidence. 31. Return of Appeal Fee Where an appeal made by an appellant under section 42 of the Act, is successful, an amount of money equal to the fee paid by that appellant under regulation 24(2) shall be paid to him or her Part II - General Regulations by the Authority. 32. Notice of Application 24 The Authority may, and when a variance is necessary under Regulation 11 and the Authority wishes to consider whether to authorize such a variance, when a change in nonconforming use is to be considered under Regulation 49, or when the development proposed is listed as a dis- cretionary use in Schedule C of the Regulations shall, at the expense of the applicant, give notice of an application for a permit or for approval in principle, by public advertisement in a newspaper circulating in the area or by any other means deemed necessary, and under Regulation 12 and the Authority shall give written notice of the proposed variance from development standards to all persons whose land is in the immediate vicinity of the land that is the subject of the variance, and allow a minimum period of 7 days for response. 33. Right of Entry The Authority, the Director, or any inspector may enter upon any public or private land and may at all reasonable times enter any development or building upon the land for the purpose of making surveys or examinations or obtaining information relative to the carrying out of any development, construction, alteration, repair, or any other works whatsoever which the Authority is empowered to regulate. 34. Record of Violations Every inspector shall keep a record of any violation of these regulations which comes to his knowledge and report that violation to the Authority. 35. Stop Work Order and Prosecution (1) Where a person begins a development contrary or apparently contrary to these Regulaf1ons, the Authority may order that person to stop the development or work connected therewith pending final adjudication in any prosecution arising out of the Part II - General Regulations development. 25 (2) A person who does not comply with an order made under Regulation 35(1) is guilty of an offence under the provisions of the Act. 36 Delegation of Powers An authority shall, where designating employees to whom a power is to be delegated under subsection 109(3) of the Act, make that designation in writing. Part II - General Regulations 26 PART II - GENERAL DEVELOPMENT STANDARDS 37. Accesses and Service Streets (1) Access shall be located to the specification of the Authority so as to ensure the greatest possible convenience and safety of the street system and the Authority may prescribe the construction of service streets to reduce the number of accesses to collector and arterial streets. (2) No vehicular access shall be closer than 10 metres to the street line of any street intersection. 38. Accessory Buildings (1) Accessory buildings shall be clearly incidental and complementary to the use of the main buildings in character, use and size, and shall be contained on the same lot. (2) No accessory building or part thereof shall project in front of any building line. (3) The sideyard requirements set out in the use zone tables in these Regulations shall apply to accessory buildings wherever they are located on the lot but accessory buildings on two (2) adjoining properties may be built to property boundaries provided they shall be of fire resistant construction and have a common firewall. 39. Advertisements Advertisements shall not be erected or displayed except in accordance with Part Ill of these Regulations. Part II - General Regulations 27 40. Buffer Strips Where any industrial development permitted in any Use Zone abuts an existing or proposed residential area, or is separated from it by a road only, the owner of the site of the industrial development shall provide a buffer strip not less than ten (10) metres wide between any residential activity and the industrial area. The buffer shall include the provision of such natural or structural barrier as may be required by the Authority and shall be maintained by the owner or occupier to the satisfaction of the Authority. 41. Building Height The Authority may permit the erection of buildings of a height greater than that specified in Schedule C, but in such cases the building line setback and rearyard requirements shall be varied as follows: (1) The building line setback shall be increased by 2 metres for every 1 metre increase in height. (2) The rearyard shall not be less than the minimum building line setback calculated as described in (1) above plus 6 metres. 42. Building Line and Setback The Authority, by resolution, may establish building lines on an existing or proposed street or service street and may require any new buildings to be located on those building lines, whether or not such building lines conform to the standards set out in the tables in Schedule C of these Regulations. 43. Family and Group Care Centres Family group care centre use is permitted in any dwelling or apartment that is adequate in size Part fl - General Regulations 28 to accommodate the number of persons living in the group, inclusive of staff, provided that in the opinion of the Authority, the use of the dwelling does not materially differ from, nor adversely affect, the amenities of the adjacent residences, or the neighbourhood in which it is located. The Authority may require special access and safety features to be provided for the occupants before occupancy is permitted. 44. Height Exceptions The height requirements prescribed in Schedule C of these Regulations may be waived in the case of communication masts and antennae, flagpoles, water towers, spires, belfries, or chimneys, but any such waiver which results in an increase of more than 10% of the permitted height of the structure shall only be authorized under the provisions of Regulation 11. 45. Livestock Structures and Uses (1) No structure designed to contain more than five animal units shall be erected or used unless it complies with the following requirements: (a) The structure shall be at least 600 m from a residence, (except a farm residence or a residence which is a non-conforming use in any zone in which agriculture is a permitted use class in the Use Zone Tables in Schedule C of these Regulations), and, from an area designated for residential use in an approved Plan, and, from a Provincial or Federal Park. (b) The structure shall be at least 60 m from the boundary of the property on which it is to be erected. (c) The structure shall be at least 90 m from the centre line of a street. (d) The erection of the structure shall be approved by the Department of Natural Resources the Department of Environment and Conservation. (2) No development for residential use shall be permitted within 600 m of an existing structure designed to contain more than five animal units unless the development is first approved by the Department of Natural Resources. Part II - General Regulations 29 46. Lot Area (1) No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof or otherwise, so that any building or structure on such lot shall have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than that permitted by these Regulations for the zone in which such lot is located. (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. 47. Lot Area and Size Exceptions Where, at the time of coming into effect of these Regulations, one or more lots already exist in any residential zone, with insufficient frontage or area to permit the owner or purchaser of such a lot or lots to comply with the provisions of these Regulations, then these Regulations shall not prevent the issuing of a permit by the Authority for the erection of a dwelling thereon, provided that the lot coverage and height are not greater than, and the yards and floor area are not less than the standards set out in these Regulations. 48. Lot Frontage Except where specifically provided for in the Use Zone Tables in Schedule C of these Regulations, no residential or commercial building shall be erected unless the lot on which it is situated fronts directly onto a street or forms part of a Comprehensive Development Scheme. 49. Non-Conforming Use (1) Notwithstanding the Municipal Plan, scheme or regulations made under this Urban and Part fl - General Regulations 30 Rural Planning Act, 2000, the Authority shall, in accordance with regulations made under this Act, allow a development or use of land to continue in a manner that does not conform with a regulation, scheme, or plan that applies to that land provided that the non-conforming use legally existed before the registration 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 (1) (a) shall not be internally or externally varied, extended or expanded unless otherwise approved by the Authority; (b) shall not be structurally modified except as required for the safety of the building, structure or development; (c) shall not be reconstructed or repaired for use in the same non-conforming manner where 50% or more of the value of that building, structure or development has been destroyed; (d) may have the existing use for that building, structure or development varied by the Authority to a use that is, in the Authority's opinion, more compatible with the plan and regulations applicable to it; (e) may have the existing building extended by approval of the Authority where, in the Authority's opinion, the extension is not more than 50% of the existing building; (f) where the non-conformance is with respect to the standards included in these development regulations, shall not be expanded if the expansion would increase the non-conformity; (g) where a building, structure or development does not meet the development standards included in 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 Part 11 - General Regulations 31 applicable to that building, structure or development. (h) where the building or structure is primarily zoned and used for residential purposes, may, in accordance with the municipal plan and regulations, be repaired or rebuilt where 50% or more of the value of that building or structure is destroyed. Where considering a non conforming building, structure or development and before making a decision to vary an existing use of that non-conforming building, structure or development, the Authority, at the applicant's expense, shall publish a notice in a newspaper circulating in the area or by other means give public notice of an application to vary the existing use of a non-conforming building, structure or development and shall consider any representations or submissions received in response to that advertisement. SO. Offensive and Dangerous Uses No building or land shall be used for any purpose which may be dangerous by causing or promoting fires or other hazards or which may emit noxious, offensive or dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any nuisance that has an unpleasant effect on the senses unless its use is authorized by the Authority and any other authority having jurisdiction. 51. Offstreet Parking Requirements (1) For every building, structure or use to be erected, enlarged or established, there shall be provided and maintained a quantity of off-street parking spaces sufficient to ensure that the flow of traffic on adjacent streets is not impeded by the on-street parking of vehicles associated with that building, structure or use. (2) The number of parking spaces to be provided for any building, structure, use of occupancy shall conform to the standards set out in Schedule D of these Regulations. Part II - General Regulations 32 (3) Each parking space, except in the case of one or two-family dwellings, shall be made accessible by means of a hard surfaced right-of-way at least 3 m in width. Parking required in a Residential Zone shall be provided on the same lot as the dwelling or dwellings. Parking space for apartments shall be provided in the rear yard where possible. In a Non-Residential Zone, parking spaces shall be provided within the limits of the zone in which the use is situated and not more than 200 m distant from the use concerned. (4) The parking facilities required by this Regulation shall, except in the case of single or attached dwellings, be arranged so that it is not necessary for any vehicle to reverse onto or from a street. (5) Where, in these Regulations, parking facilities for more than four vehicles are required or permitted: (a) parking space shall mean an area of land, not less than 15 m2 in size, capable of being used for the parking of a vehicle without the need to move other vehicles on adjacent areas; (b) the parking area shall be constructed and maintained to the specifications of the Authority; (c) the lights used for illumination of the parking area shall be so arranged as to divert the light away from adjacent development; (d) a structure, not more than 3 m in height and more than 5 m2 in area may be erected in the parking area for the use of attendants in the area; (e) except in zones in which a service station is a permitted use, no gasoline pump or other service station equipment shall be located or maintained on a parking area; (f) no part of any off-street parking area shall be closer than 1.5 m to the front lot line in any zone; (g) access to parking areas in non-residential zones shall not be by way of residential zones; Part II - General Regulations (h) where a parking area is in or abuts a residential zone, a natural or structural barrier at least 1 min height shall be erected and maintained along all lot lines; (i) where, in the opinion of the Authority, strict application of the above parking requirements is impractical or undesirable, the Authority may as a condition of a permit require the developer to pay a service levy in accordance with these Regulations in lieu of the provision of a parking area, and the full amount of the levy charged shall be used by the Authority for the provision and upkeep of alternative parking facilities within the general vicinity of the development. 52. Off-Street Loading Requirements (1) For every building, structure or use to be erected, enlarged or established requiring the shipping, loading or unloading of animals, goods, wares or merchandise, there shall be provided and maintained for the premises loading facilities on land that is not part of a street comprised of one or more loading spaces, 15 m long, 4 m wide, and having a vertical clearance of at least 4 m with direct access to a street or with access by a driveway of a minimum width of 6 m to a street. (2) The number of loading spaces to be provided shall be determined by the Authority. (3) The loading facilities required by this Regulation shall be so arranged that vehicles can manoeuvre clear of any street and so that it is not necessary for any vehicle to reverse onto or from a street. 53. Parks and Playgrounds, and Conservation Uses Nothing in these Regulations shall prevent the designation of conservation areas or the establishment of parks and playgrounds in any zones provided that such parks and playgrounds are not located in areas which may be hazardous to their use and are not operated for com mer- cial purposes. Part II - General Regulations 34 S4. Screening and landscaping The Authority may, in the case of existing unsightly development, order the owner or occupier to provide adequate and suitable landscaping or screening; and for this purpose may require the submission of an application giving details of the landscaping or screening, and these Regulations shall then apply to that application. The provision of adequate and suitable land- scaping or screening may be made a condition of any development permit where, in the opinion of the Authority, the landscaping or screening is desirable to preserve amenity, or protect the environment. SS. Services and Public Utilities The Authority may within any zone permit land to be used in conjunction with the provision of public services and public utilities if the use of that land is necessary to the proper operation of the public service or public utility concerned provided that the design and landscaping of any development of any land so used is, in the opinion of the Authority, adequate to protect the character and appearance of the area. S6. Service Stations The following requirements shall apply to all proposed service stations: (a) All gasoline pumps shall be located on pump islands designed for such purpose, and to which automobiles may gain access from either side. (b) Pump islands shall be set back at least 4 metres from the front lot line. (c) Accesses shall not be less than 7 metres wide and shall be clearly marked, and where a service station is located on a corner lot, the minimum distance between an access and the intersection of street lines at the junction shall be 10 metres and the lot line between entrances shall be clearly indicated. Part II - General Regulations 35 57. Side Yards A sideyard which shall be kept clear of obstruction shall be provided on the exposed sides of every building in order to provide access for the maintenance of that building. 58. Street Construction Standards A new street may not be constructed except in accordance with and to the design and specifications laid down by the Authority. 59. Subsidiary Apartments Subsidiary apartments may be permitted in single dwellings only, and for the purposes of calculating lot area and yard requirements, shall be considered part of the self-contained dwelling. 60. Unsubdivided Land Development is not permitted on unsubdivided land unless sufficient area is reserved to satisfy the yard and other allowances called for in the Use Zone in which it is located and the allowances shall be retained when the adjacent land is developed. 61. Zero Lot Line and Other Comprehensive Development The Authority may, at its discretion, approve the erection of dwellings which are designed to form part of a zero lot line development or other comprehensive layout which does not, with the exception of dwelling unit floor area, meet the requirements of the Use Zone Table in Schedule C, provided that the dwellings are designed to provide both privacy and reasonable access to natural daylight and the overall density within the layout conforms to the regulations and standards set out in the Use Zone Table apply where the layout adjoins other development. Part IV - Subdivision of Land 36 PART Ill - ADVERTISEMENTS 62. Permit Required Subject to the provisions of Regulation 67, no advertisement shall be erected or displayed in the Planning Area unless a permit for the advertisement is first obtained from the Authority. Permit for erection or display of advertisement on Provincial Highways shall be obtain from the Government Service Centre. 63. Form of Application Application for a permit to erect or display an advertisement shall be made to the authority in accordance with Regulation 17. 64. Advertisements Prohibited in Street Reservation No advertisement shall be permitted to be erected or displayed within, on or over any highway or street reservation. 65. Permit Valid for Limited Period A permit granted under these Regulations for the erection or display of an advertisement shall be for a limited period, not exceeding two years, but may be renewed at the discretion of the Authority for similar periods. 66. Removal of Advertisements Notwithstanding the provisions of these Regulations, the Authority may require the removal of any advertisement which, in its opinion, is: (a) hazardous to road traffic by reason of its siting, colour, illumination, or structural Part IV - Subdivision of Land condition, or; (b) detrimental to the amenities of the surrounding area. 67. Advertisements Exempt from Control 37 The following advertisements may be erected or displayed in the Planning Area without application to the Authority: (a) on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m' in area; (b) on an agricultural holding or farm, a notice board not exceeding 1 m' in area and relating to the operations being conducted on the land; (c) on land used for forestry purposes, signs or notices not exceeding 1 m' in area and relating to forestry operations or the location of logging operations conducted on the land; (d) on land used for mining or quarrying operations, a notice board not exceeding 1 m' in area relating to the operation conducted on the land; (e) on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 m' in area in connection with the practice of a professional person carried on in the premises; (f) on any site occupied by a church, school, library, art gallery, museum, institution or cemetery, one notice board not exceeding 1 m' in area; (g) on the principal facade of any commercial, industrial or public building, the name of the building or the name of the occupants of the building, in letters not exceeding one-tenth of the height of that facade or 3 m, whichever is the lesser; (h) on any parking lot directional signs and one sign not exceeding 1 m' in size, identifying the parking lot. 68. Approval Subject to Conditions A permit may only be issued for the erection or display of advertisements which comply with the appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these Regulations. Part IV - Subdivision of land 38 69. Non-Conforming Uses Notwithstanding the provisions of Regulation 62, a permit may be used for the erection or display of advertisements on a building or within the courtyard of a building or on a parcel of land, the use of which is a non conforming use, provided that the advertisement does not exceed the size and type of advertisement which could be permitted if the development was in a Use Zone appropriate to its use, and subject to any other conditions deemed appropriate by the Authority. Part IV - Subdivision of Land 39 PART IV - SUBDIVISION OF LAND 70. Permit Required No land in the Planning Area shall be subdivided unless a permit for the development of the subdivision is first obtained from the Authority. 71. Services to be Provided No permit shall be issued for the development of a subdivision unless provisions satisfactory to the Authority have been made in the application for a supply of drinking water, a properly designed sewage disposal system, and a properly designed storm drainage system. 72. Payment of Service Levies and Other Charges No permit shall be issued for the development of a subdivision until agreement has been reached for the payment of all fees levied by the Authority for connection to services, utilities and streets deemed necessary for the proper development of the subdivision, and all service levies and other charges imposed under Regulations 13 and 14. 73. Issue of Permit Subject to Considerations A permit shall not be issued when, in the opinion of the Authority, the development of a subdivision does not contribute to the orderly growth of the municipality and does not demonstrate sound design principles. In considering an application, the Authority shall, without limiting the generality of the foregoing, consider: (a) the location of the land; (b) the availability of and the demand created for schools, services, and utilities; (c) the provisions of the Plan and Regulations affecting the site; (d) the land use, physical form and character of adjacent developments; Part IV - Subdivision of Land 40 (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; (I) community facilities; (m) energy conservation; (n) such other matters as may affect the proposed development. 74. Building Permits Required Notwithstanding the approval of a subdivision by the Authority, a separate building permit shall be obtained for each building proposed to be erected in the area of the subdivision, and no building permit for any building in the area shall be issued until the developer has complied with all the provisions of these Regulations with respect to the development of the subdivision. 75. Form of Application Application for a permit to develop a subdivision shall be made to the Authority in accordance with Regulation 17. 76. Subdivision Subject to Zoning The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the Zoning Maps. 77. Building Lines The Authority may establish building lines for any subdivision street and require any new Part IV - Subdivi,ion of land 41 building to be located on such building lines. 78. Land for Public Open Space (1) Before a development commences, the developer shall, if required, dedicate to the Authority, at no cost to the Authority, an area of land equivalent to not more than 10% of the gross area of the subdivision or 25 m2 for every dwelling unit permitted in the subdivision, whichever is the greater, for public open space, provided that: (a) where land is subdivided for any purpose other than residential use, the Authority shall determine the percentage of land to be dedicated; (b) if, in the opinion of the Authority, no public open space is required, the land may be used for such other public use as the Authority may determine; (c) the location and suitability of any land dedicated under the provisions of this Regulation shall be subject to the approval of the Authority but in any case, the Authority shall not accept land which, in its opinion is incapable of development for any purpose; (d) the Authority may accept from the developer in lieu of such area or areas of land the payment of a sum of money equal to the value of the land which would otherwise be required to be dedicated; (e) money received by the Authority in accordance with Regulation 78(1)(d) above, shall be reserved by the Authority for the purpose of the acquisition or development of land for public open space or other public purpose. (2) Land dedicated for public use in accordance with this Regulation shall be conveyed to the Authority and may be sold or leased by the Authority for the purposes of any development that conforms with the requirements of these Regulations, and the proceeds of any sale or other disposition of land shall be applied against the cost of acquisition or development of any other land for the purposes of public open space or other public purposes. (3) The Authority may require a strip of land to be reserved and remain undeveloped along the banks of any river, brook or pond, and this land may, at the discretion of the Authority, constitute the requirement of land for public use under Regulation 78(1). Part IV - Subdivision of Land 42 79. Structure in Street Reservation The placing within any street reservation of any structure (for example, a hydro pole, telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the prior approval of the Authority which shall be satisfied on the question of safe construction and relationship to the adjoining buildings and other structures within the street reservation. 80. Subdivision Design Standards No permit shall be issued for the development of a subdivision under these Regulations unless the design of the subdivision conforms to the following standards: (a) The finished grade of streets shall not exceed 10 percent. (b) Every cul de sac shall be provided with a turning circle of a diameter of not less than 30 m. (c) The maximum length of any cul de sac shall be: (i) 200 m in areas served by or planned to be served by municipal piped water and sewer services, as shown in the map and letter of agreement signed by the Municipality and the Minister of Municipal and Provincial Affairs in connection with municipal five-year capital works program eligibility. (ii) 490 m in areas not served by or planned to be served by municipal piped water and sewer services. (d) Emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall connect the head of the cul de sac with an adjacent street. (e) No cul de sac shall be located so as to appear to terminate a collector street. (f) New subdivisions shall have street connections with an existing street or streets. (g) All street intersections shall be constructed within 5° of a right angle and this alignment shall be maintained for 30 m from the intersection. (h) No street intersection shall be closer than 60 m to any other street intersection. (i) No more than four streets shall join at any street intersection. (j) No residential street block shall be longer than 490 m between street intersections. Part IV - Subdivision of Land 43 (k) Streets in residential subdivisions shall be designed in accordance with the approved standards of the Authority, but in the absence of such standards, shall conform to the following minimum standards: Type of Street Street Pavement Sidewalk Sidewalk Reservation Width Width Number Arterial Streets 30 m 15 m 1.5 m discretion of Council Collector Streets 20 m 15 m 1.5 m 2 Local Residential Streets: where more than 50% 15 m 9m 1.5 m 1 of the units are single or double dwellings; where 50% or more of 20 m 9m 1.5 m 2 the units are row houses or apartments. Service Streets 15 m 9m 1.5 m discretion of Council (I) No lot intended for residential purposes shall have a depth exceeding four times the frontage. (m) Residential lots shall not be permitted which abut a local street at both front and rear lot lines. (n) The Authority may require any existing natural, historical or architectural feature or part thereof to be retained when a subdivision is developed. (o) Land shall not be subdivided in such a manner as to prejudice the development of adjoining land. 81. Engineer to Design Works and Certify Construction Layout (1) Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers and all appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other utilities deemed necessary by the Authority to service the area proposed to be developed or subdivided shall be designed and prepared by or approved by the Engineer. Such designs and specifications shall, upon approval by the Authority, be Part IV - Subdivision of Land 44 incorporated in the plan of subdivision. (2) Upon approval by the Authority of the proposed subdivision, the Engineer shall certify all work of construction layout preliminary to the construction of the works and thereupon the developer shall proceed to the construction and installation, at his own cost and in accordance with the approved designs and specifications and the construction layout certified by the Engineer, of all such water mains, hydrants, sanitary sewers and all appurtenances and of all such streets and other works deemed necessary by the Authority to service the said area. 82. Developer to Pay Engineer's Fees and Charges The developer shall pay to the Authority all the Engineer's fees and charges for the preparation of designs and specifications and for the layout and supervision of construction; such fees and charges being percentages of the total cost of materials and labour for the construction and installation of all works calculated in accordance with the Schedule of Fees recommended by the Association of Professional Engineers of Newfoundland and in effect at the time the work is carried out. 83. Street Works May Be Deferred The construction and installation of all curbs and gutters, catch basins, sidewalks and paving specified by the Authority as being necessary, may, at the Authority's discretion, be deferred until a later stage of the work on the development of the subdivision but the developer shall deposit with the Authority before approval of his application, an amount estimated by the Engineer as reasonably sufficient to cover the cost of construction and installation of the works. In the later stage of the work of development, the Authority shall call for tenders for the work of construction and installation of the works, and the amount so deposited by the developer shall be applied towards payment of the contract cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the amount of the excess. If the contract price is less than the deposit, the Authority shall refund the amount by which the deposit exceeds the contract price. Any amount so deposited with the Authority by the developer shall be placed in a separate savings account in a bank and all interest earned thereon shall be credited to the Part IV - Subdivision of Land developer. 84. Transfer of Streets and Utilities ta Authority 45 (1) The developer shall, following the approval of the subdivision of land and upon request of the Authority, transfer to the Authority, at no cost to the Authority, and clear of all liens and encumbrances: (a) all lands in the area proposed to be developed or subdivided which are approved and designated by the Authority for public uses as streets, or other rights-of-way, or for other public use; (b) all services or public works including streets, water supply and distribution and sanitary an storm drainage systems installed in the subdivision that are normally owned and operated by the Authority. (2) Before the Authority shall accept the transfer of lands, services or public works of any subdivision, the Engineer shall, at the cost to the developer, test the streets, services and public works installed in the subdivision and certify his satisfaction with their installation. (3) The Authority shall not provide maintenance for any street, service or public work in any subdivision until such time as such street, service or public work has been transferred to and accepted by the Authority. 85. Restriction on Sale of Lots The developer shall not develop or dispose of any lot within a subdivision for the purposes of development and no building permit shall be issued until the Authority is satisfied that: (a) the lot can be served with satisfactory water supply and sewage disposal systems, and; (b) satisfactory access to a street is provided for the lots. Part IV - Subdivision of Land 46 86. Grouping of Buildings and Landscaping (1) Each plan of subdivision shall make provision for the grouping of building types and for landscaping in order to enhance the visual aspects of the completed development and to make the most use of existing topography and vegetation. (2) Building groupings, once approved by the Authority, shall not be changed without written application to and subsequent approval of the Authority. - - Part IV - Subdivision of Land 47 PART V - USE ZONES 87. Use Zones (1) For the purpose of these Regulations, the Planning Area is divided into Use Zones which are shown on the Zoning Map attached to and forming part of these Regulations. (2) Subject to Regulation 87(3), the permitted use classes, discretionary use classes, standards, requirements and conditions applicable to each Use Zone are set out in the Use Zone Tables in Schedule C of these Regulations. (3) Where standards, requirements and conditions applicable in a Use Zone are not set out in the Use Zone Tables in Schedule C, the Authority may in its discretion, determine the standards, requirements and conditions which shall apply. 88. Use Classes The specific uses to be included in each Use Class set out in the Use Zone Tables in Schedule C shall be determined by the Authority in accordance with the classification and examples set out in Schedule B. 89. Permitted Uses Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that Use Zone. 90. Discretionary Uses Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if the Part IV - Subdivision of Land 48 Authority is satisfied that the development would not be contrary to the general intent and purpose of these Regulations, the Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and to the public interest, and if the Authority has given notice of the application in accordance with Regulation 32 and has considered any objections or representations which may have been received on the matter. 91. Uses Not Permitted Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone. Town of Flatrock Minister's Regulations 2015-2025 PLAN-TECH ENVIRONMENT Flatrock Page 1 NEWFOUNDLAND REGULATION 3/01 Development Regulations under the Urban and Rural Planning Act, 2000. (Filed January 2, 2001) Under the authority of section 36 oft he Urban and Rural Planning Act, 2000, I make the following regulations. Dated at St. John's, January 2, 2001. Minister of Municipal and Provincial Affairs REGULATIONS Analysis 1. Short title 2. Definitions 3. Application 4. Interpretation 5. Notice of right to appeal 6. Appeal requirements 7. Appeal registration 8. Development prohibited 9. Hearing notice and meetings 10. Hearing of evidence 11. Board decision 12. Variances 13. Notice of variance 14. Residential non conformity 15. Notice and hearings on change of use 16. Non-conformance with standards 17. Discontinuance of non-conforming use 18. Delegation of powers 19. Commencement Minister's Development Regulations 2001 Flatrock Page 2 1. Short title These regulations may be cited as the Development Regulations. 2. Definitions In these regulations, (a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act, 2000; (b) "applicant" means a person who has applied to an authority for an approval or permit to carry out a development; (c) "authority" means a council, authorized administrator or regional authority; and (d) "development regulations" means these regulations and regulations and by-laws respecting development that have been enacted by the relevant authority. 3. Application (1) These regulations shall be included in the development regulations of an authority and shall apply to all planning areas. (2) Where there is a conflict between these regulations and development regulations or other regulations of an authority, these regulations shall apply. (3) Where another Act of the province provides a right of appeal to the board, these regulations shall apply to that appeal. 4. Interpretation (1) In development regulations and other regulations made with respect to a planning area the following terms shall have the meanings indicated in this section (a) "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 (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 incidental or complementary to the main use of the building or land, (ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and television antennae, Minister's Development Regulations 2001 - Flatrock (c) (d) (e) (f) (g) Page 3 (iii) for commercial uses, workshops or garages, and (iv) 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; "building height" means the vertical distance, measured in metres from the established grade to the (i) highest point of the roof surface of a flat roof, (ii) deck line of a mansard roof, and (iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in any case, a building height shall not include mechanical structure, smokestacks, steeples and purely ornamental structures above a roof; "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; "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; "established grade" means, (i) where used in reference to a building, the average elevation of the finished surface of the ground where it meets the exterior or the front of that building exclusive of any artificial embankment or entrenchment, or (ii) where used in reference to a structure that is not a building, the average elevation of the finished grade of the ground immediately surrounding the structure, exclusive of any artificial embankment or entrenchment; (h) "floor area" means the total area of all floors in a building measured to the outside face of exterior walls; (i) "frontage" means the horizontal distance between side lot lines measured at the building line; (j) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for a particular use or building; (k) "lot area" means the total horizontal area within the lines of 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-conforming use" means a legally existing use that is not .listed as a permitted or discretionary use for the use zone in which it is located or which does not meet the development standards for that use zone; (n) "owner" means a person or an organization of persons owning or having the legal right to use the land under consideration; (o) "permitted use" means a use that is listed within the permitted use classes set out in the use zone tables of an authority"s development regulations; Minister's Development Regulations 2001 Flatrock (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) Page 4 "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; "sign" means a word, letter, model, placard, board, device or representation, whether illuminated or not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement or direction and excludes those things employed wholly as a memorial, advertisements of local government, utilities and boarding or similar structures used for the display of advertisements; "rear yard depth" means the distance between the rear lot line and the rear wall of the main building on a lot; "side yard depth" means the distance between the side lot line and the nearest side wall of a building on the lot; "street" means a street, road, highway or other way designed for the passage of vehicles and pedestrians and which is accessible by fire department and other emergency vehicles; "street line" means the edge of a street reservation as defined by the authority having jurisdiction; "use" means a building or activity situated on a lot or a development permitted on a lot; "use zone" or "zone" means an area of land including buildings and water designated on the zoning map to which the uses, standards and conditions of a particular use zone table apply; "variance" means a departure, to a maximum of 10% from the yard, area, lot coverage, setback, size, height, frontage or any other numeric requirement of the applicable Use Zone Table of the authority"s regulations; and "zoning map" means the map or maps attached to and forming 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 listed in the authority"s regulations as discretionary, permitted or prohibited uses for that area. 5. Notice of right to appeal Where an authority makes a decision that may be appealed under section 42 of the Act, that authority shall, in writing, at the time of making that decision, notify the person to whom the decision applies of the (y) 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. Minister's Development Regulations 2001 - Flatrock Page 5 6. Appeal requirements (1) The secretary of the board at the Department of Municipal and Provincial Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John"s, Nfld., AlB 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 (1), where the City of Corner Brook, City of Mount Pearl or City of St. John"s appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed with the secretary of that appointed board. (3) The fee required under section 44 of the Act shall be paid to the board that hears the decision being appealed by filing it with the secretary referred to in subsection (1) or (2) within the 14 days referred to in subsection 42(4) of the Act. (4) The board that hears the decision being appealed shall, subject to subsection 44(3) of the Act, retain the fee paid to the board. (5) Where an appeal of a decision and the required fee is not received by a board in accordance with this section and Part VI of the Act, the right to appeal that decision shall be considered to have been forfeited. 7. Appeal registration (1) Upon receipt of an appeal and fee as required under the Act and these regulations, the (2) (3) (4) (5) secretary of the board as referred to in subsections 6(1) and (2), shall immediately register the appeal. 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. 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. 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. 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. Minister's Development Regulations 2001 Flatrock Page 6 8. Development prohibited (1) Immediately upon notice of the registration of an appeal the appropriate authority shall ensure that any development upon the property that is the subject of the appeal ceases. (2) Sections 102 and 104 of the Act apply to an authority acting under subsection (1). (3) Upon receipt of a notification of the registration of an appeal with respect to an order under section 102 of the Act, an authority shall not carry out work related to the matter being appealed. 9. Hearing notice and meetings (1) A board shall notify the appellant, applicant, authority and other persons affected by the subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date scheduled for the hearing of the appeal. (2) A board may meet as often as is necessary to conduct its work in an expeditious manner. 10. Hearing of evidence (1) A board shall meet at a place within the area under its jurisdiction and the appellant and other persons notified under subsection 9(1) or their representative may appear before the board and make representations with respect to the matter being appealed. (2) A board shall hear an appeal in accordance with section 43 of the Act and these regulations. (3) A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing of a property shall be considered to have been provided in the same manner as evidence directly provided at the hearing of the board. (4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence. 11. Board decision A decision of the board must comply with the plan, scheme or development regulations that apply to the matter that has been appealed to that board. 12. Variances (1) Where an approval or permit cannot be given by an authority because a proposed development does not comply with development standards set out in development regulations, an authority may, in its discretion, vary the applicable development Minister's Development Regulations 2001 Flatrock (2) (3) Page 7 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 questio~ or would be contrary to public interest. 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%. An authority shall not permit a variance from development standards where the proposed development would increase the non conformity of an existing development. 13. Notice of variance Where an authority is to consider a proposed variance, that authority shall give written notice of the proposed variance from development standards to all persons whose land is in the immediate vicinity of the land that is the subject of the variance. 14. Residential non conformity A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development regulations applicable to that building or structure. 15. Notice and hearings on change of use Where considering a non conforming building, structure or development under paragraph 108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming building, structure or development, an authority, at the applicant"s expense, shall publish a notice in a newspaper circulating in the area or by other means give public notice of an application to vary the existing use of a non-conforming building, structure or development and shall consider any representations or submissions received in response to that advertisement. 16. Non-conformance with standards Where a building, structure or development does not meet the development standards included in development regulations, the building, structure or development shall not be expanded if the expansion would increase the non-conformity and an expansion must comply with the development standards applicable to that building, structure or development. Minister's Development Regulations 2001 Flatrock Page 8 17. Discontinuance of non-conforming use An authority may make development regulations providing for a greater period of time than is provided under subsection 108(2) of the Act with respect to the time by which a discontinued non-conforming use may resume operation. 18. Delegation of powers An authority shall, where designating employees to whom a power is to be delegated under subsection 109(3) of the Act, make that designation in writing. 19. Commencement These regulations shall be considered to have come into force on January 1, 2001. Minister's Development Regulations 2001 Town of Flatrock Schedule A 2015-2025 PLAN-TECH ENVIRONMENT Schedule A Page 1 DEFINITIONS ACCESS means a way used or intended to be used by vehicles, pedestrians or animals in order to go from a street to adjacent or nearby land or to go from that land to the street. ACCESSORY BUILDING is: (a) A detached subordinate building not used as a dwelling, located on the same lot as the main building or use to which it is accessory, and which has a use which is customarily incidental or complimentary to the main use of the building or land: (b) for residential uses such as domestic garages, carports, ramps, sheds, swimming pools, greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for domestic pets, or radio and television antennae, (c) for commercial uses such as workshops, garages, and (d) for industrial uses such as garages, offices, raised ramps and docks. ACCESSORY DWELLING UNIT means a separate dwelling unit constructed within and subsidiary to the main use. The main use shall not be a single dwelling, double dwelling, row dwelling, and apartment building. ACCESSORY USE means a use that is subsidiary to a permitted or discretionary use and that is customarily expected to occur with the permitted or discretionary use. ACT unless the context indicates otherwise, means the Urban and Rural Planning Act, 2000. ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction; excluding such things employed wholly as a memorial, or functional advertisement of Councils, or other local authorities, public utilities and public transport undertakers, and including any boarding or similar structure used or adapted for use for the display of advertisements. AGRICULTURE means an agricultural operation that is carried on for personal use, or for commercial gain and includes: (a) the clearing, draining, irrigating or cultivation of land, (b) the raising of livestock, including poultry, (c) the raising of fur-bearing animals, ( d) the raising of bees, (e) the production of agricultural field crops, (f) the production of fruit and vegetables and other specialty horticultural crops, Definitions 2015-2025 Schedule A (g) the production of eggs and milk, (h) the operation of agricultural machinery and equipment, including irrigation, (i) storage, use or disposal of organic wastes (manure) for farm purposes, and Page 2 (j) any other agricultural activity or process prescribed by Provincial regulation that is carried on for gain or reward. AMUSEMENT USE means the use of land or buildings equipped for the playing of electronic, mechanical, or other games and amusements including electronic games, pinball games and slot machine arcades and billiard and pool halls. ANIMAL UNIT means any one of the following animals or groups of animals: (a) 1 horse, cow, steer, bull, mule, donkey, bison, buffalo, pig, fox, or mink including offspring until weaning, (b) 3 llama or alpaca including offspring until weaning, (c) 6 sheep or goats including offspring until weaning, (d) 10 ostriches, emus or fur bearing animals, excluding fox or mink, including offspring until weaning, (e) 20 hens, chickens, turkeys, ducks or geese, or (f) 100 chicks. ANTENNA means a system that involves the transmission or receiving of data through radio waves, air monitoring, weather collection devices or other sources, typically forming part of a mast or tower which may be several hundred metres tall, either guyed or freestanding. Small monitoring structures are typically located near the base. APARTMENT BUILDING means a building containing three or more dwelling units, but does not include a row dwelling or a single dwelling with a subsidiary apartment. APPLICANT means a person who has applied to Council for approval to carry out development. APEAL BOARD means the appropriate Appeal Board established under the Act. ARTERIAL STREET means the streets in the Planning Area constituting the main traffic arteries of the area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map. Definitions 2015·2025 Schedule A Page 3 APPROVAL IN PRINCIPLE means that Council when considering a development application shall evaluate the application to the development requirements within the Town. If the proposed development meets the development requirements of the Town an approval in principle maybe given to the application. Final approval and issuance of a permit to commence development are subject to the agreement by the applicant to meet specified conditions as outlined by Council. AUTHORITY means the Town Council of Flatrock, authorized administrator or regional authority. BACKLOT means a lot characterized by the location of the residential lot generally at the rear of another residential lot, or otherwise separated from the public street which provides access, and by a narrower area extending from the rear residential lot to the public street. BED AND BREAKFAST means a detached dwelling occupied by the property owner or the bed and breakfast host as a primary residence in which overnight accommodation and a breakfast meal are offered to registered guests for a fee. A Tourist Home shall have the same meaning. BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to persons other than the immediate family of the owner or tenant. BUFFER means a berm, row of trees or shrubs, hedge, fence, or distance separation that provides a barrier between incompatible sites, uses or districts. BUILDING means: (a) a structure, erection, excavation, alteration or improvement placed on, over or under land, or attached, anchored or moored to land; mobile structures, vehicles and marine vessels adapted or constructed for residential, commercial, industrial and other similar uses; (b) a part of and fixtures on buildings referred to in (a) and (b), and (c) an excavation of land whether or not that excavation is associated with the intended or actual construction of a building or thing referred to in subparagraphs (a) to (c). BUILDING HEIGHT means the vertical distance, in metres, from established grade to the: a) highest point of the roof surface of a flat roof; b) deck line of a mansard roof; and c) mean height level between the eave and ridge of a gable, hip or gambrel roof. In any case, a Building Height shall not include mechanical structures, smokestacks, steeples, and purely ornamental structures above a roof. Definitions 2015-2025 Schedule A Page4 1 x x I BUILDING LINE means a line established by the Council that runs parallel to the street line and is set at the closest point to a street that a building may be placed. A corner lot is deemed to have a building line setback on both the primary and flanking streets. CHILD CARE FACILITY means a building or part of a building in which services and care are regularly provided to children or adults, but does not include a school as defined by the Schools Act. COLLECTOR STREET means a street that is designed to link local streets with arterial streets and which is designated as a collector street in the Municipal Plan, or on the Zoning Map. CORNER LOT means a lot deemed to have street frontages on both a primary and a flanking (secondary) street. CORNER LOT SIGHT TRIANGLE means a corner lot, a fence, sign, hedge, shrub, bush or tree or any other structure or vegetation shall not be erected or permitted to grow to a height greater than 1 metres above grade of the streets that abut the lot within the triangular area included within the street lines for a distance of 6 metres from the point of intersection. COUNCIL means the Municipal Council of the Town of Flatrock. DEVELOPMENT means the carrying out of building, engineering, mining or other operations in, on, over, or under land, or the making of a material change in the use, or the intensity of use of land, buildings, or premises and the: (a) making of an access onto a highway, road or way, (b) erection of an advertisement or sign, (c) construction of a building, (d) the parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an office, or for living accommodation, and excludes, (e) the carrying out of works for the maintenance, improvement or other alteration of a building, being works which affect only the interior of the building or which do not materially affect the external appearance or use of the building, Definitions 2015-2025 - Schedule A Page 5 (f) the carrying out by a highway authority of works required for the maintenance or improvement of a road, being works carried out on land within the boundaries of the road reservation, (g) the carrying out by a local authority or statutory undertaker of works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of streets or other land for that purpose, (h) the use of a building or land within the courtyard of a dwelling house for a purpose incidental to the enjoyment of a dwelling house as a dwelling. DEVELOPMENT AGREEMENT means a written agreement between the municipality and a developer which establishes particular circumstances and conditions under which a development may be carried out. DEVELOPMENT REGULATIONS means Regulations and by-laws respecting development that have been enacted by Council. DISCRETIONARY USE means a use that is listed within the discretionary use classes established in the use zone tables of the Council's Development Regulations. DOUBLE DWELLING means one building containing two dwelling units, placed one above the other, side by side, or joined by a carport with separate lot areas dedicated to each unit, but does not include a single dwelling containing a subsidiary apartment. DRIVEWAY means a private road for vehicles that connects a house, garage, or other building with a public road. DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used or designed as the living quarters for one or more persons. ENGINEER means an engineer who is a member of the Association of Professional Engineers and Geoscientists of Newfoundland, employed or retained by the Council. ESTABLISHED BUILDING LINE means the average distance from the street line of existing buildings in any block where more than half the frontage has been built upon in the past. Definitions 2015-2025 Schedule A ESTABLISHED GRADE means: a) where used in reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of that building exclusive of any artificial embankment or entrenchment; b) where used in reference to a structure that is not a building, the average elevation of the finished grade of the ground immediately surrounding the structure, exclusive of any artificial embankment or entrenchment. a = highest elevation b :::: lowest elevation c = established grade Page 6 FAMILY CHILD CARE USE means a building or part of a building in which services and activities are regularly provided for up to six (6) children as defined in the Child Care Services Act, but do not include a school as defined by the Schools Act. FLANKING STREET means the secondary street bordering a corner lot. FLOODWAY means the inner portion of a flood risk area where the risk of flood is greatest, on average once in twenty years and where the flood depths and water velocities are greatest. FLOODWAY FRINGE means the outer portion of a flood risk area, between the floodway and the outer boundary of the flood risk area, where the risk of flooding is lower, on average once in one hundred years, and flood waters are shallower and slower. FLOOD PROOFING means structural and/or non-structural measures incorporated in the design of a building or structure which reduce or eliminate the risk of flood damage by ensuring that the ground floor elevation is higher than the projected flood level and that the building can be exited without hindrance in the event of a flood. FLOOR AREA means the total area of all floors of a building measured to the outside face of exterior walls. FORESTRY means the use of land for the purpose of forest and woodland management including the felling, cutting, trimming and thinning of forest or woodland for the extraction of timber, and includes reforestation and silviculture. FRONTAGE means the horizontal distance between side lot lines measured at the building line. Definitions 2015-2025 Schedule A Page 7 FRONT YARD DEPTH means the distance between the front lot line of a lot and the front wall of the main building on the lot. GARAGE means a building erected for the storage of motor vehicles as an ancillary use to a main building on the lot. GENERAL GARAGE means land or buildings used for the repair, maintenance and storage of motor vehicles and may include the sale of petroleum products. GENERAL INDUSTRY means the use of land or buildings for the purpose of storing, assembling, altering, repairing, manufacturing, fabricating, preparing, processing, testing, salvaging, breaking up, demolishing, or treating any article, commodity or substance, and "Industry'' shall be construed accordingly. GROUP CHILD CARE USE means a building or part of a building in which services and activities are regularly provided for seven (7) or more children as defined in the Child Care Services Act, but do not include a school as defined by the Schools Act. GROUP HOME means a dwelling unit accommodating not more than 6 persons, exclusive of staff, in a home-like setting where staff provide care and supervision. This definition includes, but is not limited to, the facilities called "Transition House" and "Foster Home". HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes involving the use of materials or processes, which because of their inherent characteristics constitute a special fire, explosion, radiation or other hazard. HOME OCCUPATION means a secondary use of a dwelling unit or its accessory building by at least one of the residents of such dwelling unit to conduct a gainful occupation or business activity, and subsidiary to a residential use. Also referred to as a "Home based Business", and classified as an "Office" use. HOME OFFICE means a secondary use of a dwelling unit by at least one of the residents of such dwelling unit to conduct a gainful occupation or business activity with such occupation or business activity being restricted to office uses which do not involve visitation by clients, customers, or the general public to the site, nor the employment of non-residents, and subsidiary to a residential use. Also referred to as a "Home Based Business", and classified as an "Office" use. Definitions 2015-2025 Schedule A Page 8 HOSPITALITY HOME means a dwelling unit in which at least 1 room is regularly rented, and includes the uses commonly referred to as "Bed and Breakfast", and "Boarding House". INFILL LOT means a typical empty lot between existing dwellings on a residential street. An infill lot may also mean land available between existing buildings. INSPECTOR means a person appointed as an inspector by the Council. LAND includes land covered by water, and buildings and structures on, over, or under the soil and fixtures that form part of those buildings and structures. LANDSCAPING means the development of land by altering the topography and ground cover and may include the use of turf, plants, shrubs, trees, retaining walls and fences. LANDSCAPE PLAN means a two dimensional scaled concept plan showing the land or lot boundaries which would include proposed development of the land by using turf, plants, shrubs, trees, retaining walls and fences for aesthetic or practical purposes. A Landscape Plan may include, but not limited to, the arrangement or modifying land features, such as tree retention or planting, garden edging or retaining, planting, screening, fencing or earthwork (alteration or drainage). LIGHT INDUSTRY means the use of land or buildings for industrial use that can be carried out without hazard or intrusion and without detriment to the amenity of the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance. LIVESTOCK OPERATION means a livestock operation of agricultural animals confined in one location which consists of 5 or more animal units at a given point in time. LOCAL STREET means a street designed primarily to provide access to adjoining land and which is not designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map. LOT means a plot, tract or parcel of land that can be considered as a unit of land for a particular use or building. LOT AREA means the total horizontal area within the lines of a lot. Definitions 2015-2025 Schedule A LOT COVERAGE means the combined area of all buildings on a lot measured at the level of the lowest floor above the established grade and expressed as a percentage of the total area of the lot. Lot coverage= Area of A+ Area ofB Lot area LOT FRONTAGE means the horizontal distance between side lot lines measured at the building line (the distance between points A and B in illustration at right). rear lot lme --- LOT LINE, REAR means the lot line on the opposite side of the front lot line. LOT LINE, SIDE means the lot lines perpendicular to the front and rear lot lines. A: ----..+-building line . . tron1 lot line street LOT LINE, FLANKING means a lot line which abuts the street on a corner lot. B Page 9 side lot line -- MINERAL WORKING means land or buildings used for the working, stockpiling or extraction of rock, mineral, peat or aggregate material, and will include a "quarry". MINI HOME means a factory produced single dwelling complying with the National Building Code and having the appearance of a mobile home. MINISTER shall mean the Minister of Municipal and Intergovernmental Affairs, unless otherwise specified. MODULAR HOME means a residential dwelling built in modules in a factory complete with kitchen, bedrooms, bath, etc, as may be pre-set in a house and transported to the building site for joining and placement on a foundation. Modular home construction shall conform to the National Building Code and the Town of Flatrock Development Regulations. MUNICIPAL PLAN means a plan adopted by the Council as a Municipal Plan pursuant to the Urban and Rural Planning Act, 2000. Definitions 2015-2025 Schedule A Page 10 NON-CONFORMING USE means a legally existing use that is not listed as a permitted use or discretionary use for the use zone in which it is located or which does not meet the development standards for that use zone. OWNER means a person or an organization or persons owning or having legal right to use the land under consideration. PERMIT TO DEVELOP means the general term referring to all permits or licenses approved by Council and shall include all conditions, agreements or provisions attached thereto. PERMITIED USE means a use that is listed within the permitted use classes set out in the use zone tables of these Development Regulations. PLANNING AREA means a regional planning area and a municipal planning area established under section 6 and 11 of the Act. For the purpose and context of these regulations, the Planning Area shall mean the area within the municipal boundaries of the Town of Flatrock. PRIMARY STREET means the street on which a development fronts and is referenced in the civic address. PROHIBITED USE means a use that is not listed in a use zone within the permitted use classes or discretionary use classes or a use that Council specifies as not permitted within a use zone. PUBLIC STREET means a main road or thoroughfare owned and maintained by the Authority, such as a provincial highway or local street, available to the public for pedestrian use or vehicular transportation. REAR YARD DEPTH means the mean distance between the rear lot line and the rear of the main building on the lot. RESTAURANT means a building or part of a building, licensed for the purpose of serving meals and includes a "Snack Bar". ROW DWELLING means three or more dwelling units at ground level in one building, each unit separated vertically from the others. Definitions 2015-2025 Schedule A Page 11 SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal or recreational use, and is not intended for use as permanent living quarters. SCREENING means a fence, berm, trees, hedge, wall or building used to separate areas or functions which detract from the appearance of the streetscape and the view from the surrounding areas. SERVICE STATION means a building, including gas pumps, used for the sale of petroleum products, and may include general merchandise, minor automotive repairs, and washing of vehicles. SERVICE STREET means a street constructed parallel to or close to another street for the purpose of limiting direct access to that street. SHOP means a building or part thereof used for retail trade wherein the primary purpose is the selling or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of retail services but does not include an establishment wherein the primary purpose is the serving of meals or refreshments, an amusement use, a general garage, or a service station. SHOPPING CENTRE means a group of retail stores with integrated parking which is planned, developed and designed as a unit containing a minimum of 5 retail establishments. SHOWROOM means a building or part of a building in which samples or patterns are displayed and in which orders may be taken for goods, wares or merchandise, including vehicles and equipment, for later delivery. SIDEYARD WIDTH means the distance between a side lot line and the nearest side wall of a building on the lot. SIGN means a word, letter, model, placard, board, device or representation, whether illuminated or not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement, or direction and excludes those things employed wholly as a memorial, advertisements or local government, utilities and boarding or similar structures used for the display of advertisements. SINGLE DWELLING means one building containing a single dwelling unit for the use of one family, placed on its own lot, and can include a subsidiary apartment. Definitions 2015-2025 Schedule A Page 12 SITE PERMIT means a permit issued by the Town of Flatrock for any earth disturbance or other earthwork including, but not limited to, clearing and grubbing, grading, excavations, embankments, land development, road maintenance, and the moving, depositing, stockpiling or storing of soil, rock, or earth materials. STREET means a street, road, highway or other way designed for the passage of vehicles and pedestrians, and which is accessible by fire department and other emergency vehicles. STREET LINE means the edge of the right of way of a street reservation as defined by the authority having jurisdiction. STREET RESERVATION means an area determined by Council that is reserved for a street, a future street or future street improvements. +---- street reservation -----0 street line street line SUBDIVISION means the dividing of land, whether in single or joint ownership, into 2 or more pieces (including lots), for the purpose of development. SUBDIVISION (RESIDENTIAL) means a concept proposal to subdivide property into building lots. It generally shows topographic information, natural features, such as rivers and vegetation, and the proposed lots and streets. It typically involves the construction of new streets and infrastructure for public use and requires the execution of a development agreement. SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary to a single dwelling. TAKE-OUT FOOD means a building in which the primary purpose is the preparation and sale of meals and refreshments for consumption off the premises. USE means a building or activity situated on a lot or a development permitted on a lot. USE ZONE or ZONE means an area of land including buildings and water designated on the zoning map to which the uses, standards and conditions of a particular use zone table apply. Definitions 2015-2025 Schedule A Page 13 VARIANCE means a departure, to a maximum of 10% from the yard, area, lot coverage, setback, size, height, frontage, or any other numeric requirement of the applicable use zone table of the Council's regulations. YARD means an open uncovered space on a lot appurtenant to a building (except a court) and unoccupied by buildings or structures except as specifically permitted elsewhere in these Regulations. YARD, REAR means the distance between the rear lot line and the rear wall of the main building on a lot. YARD, SIDE means the distance between the side lot line and the nearest side wall of a building on the lot. YARD, FRONT means the distance between the front lot line of a lot and the front wall of the main building on the lot. YARD, FLANKING means the side yard of a corner lot which side yard extends from the front yard to the rear yard between the flanking lot line and the nearest main wall of any main building or structure YARD, ABUTTING means the yard of an abutting lot which shares a lot line of subject property. Definitions 2015-2025 -·· -------------=~:.- <::_- A B c D E F -·- · ... '· "· '· '· '· '· ·-. '· '· '· '· =Front Yard =Rear Yard =Side Yard =Flanking Yard = Bui!dable Area = Abuttin_q Yard ' '· '·:::> '· '· -· '· "-- ·,. '· '· '· Schedule A Page 14 ZERO NET RUNOFF means a process that will evaluate and calculate the waste water generated by new construction, in addition to the water runoff produced by normal rains, and develop techniques to capture and manage water runoff where the water is retained and allowed to percolate through the soil to assist in water quality improvement and groundwater recharge. ZONING MAP means the map or maps attached to and forming part of the Town of Flatrock Development Regulations. Definitions 2015-2025 Town of Flatrock Schedule B 2015-2025 PLAN-TECH ENVIRONMENT Flatrock Schedule B Page 1 SCHEDULE B CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES A. ASSEMBLY 1. Assembly Uses for the (a) Theatre Motion Picture Theatres USES production and viewing of T.V. Studios admitting an audience. the performing arts. 2 General Assembly Uses (a) Cultural and Libraries Civic Museums Art Galleries Court Rooms Meeting Rooms Council Chambers (b) General Community Halls Assembly Lodge Halls Dance Halls Gymnasia Auditoria Bowling Alleys (c) Educational Schools Colleges (non- residential) (d) Place of Churches and similar places of war- Worship ship. Church Halls (e) Passenger Passenger Terminals Assembly (f) Club and Private Clubs and Lodge Lodges (non-residential) (g) Catering Restaurants Bars Lounges (h) Funeral Home Funeral Homes and Chapels (i) Child Care Day Care Centres (j) Amusement Electronic Games Arcades Pinball Parlours Poolrooms Flatrock Schedule B Page 2 CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES A. ASSEMBLY 3. Arena-type Uses (a) Indoor Arenas USES Assembly Armouries (continued) Ice Rinks Indoor Swimming Pools Gymnasium Community/Fitness Centre 4. Open-air Assembly Uses (a) Outdoor Bleachers Assembly Grandstands Outdoor Concert Area Outdoor Ice Rinks Swimming Pools Amusement Parks Fair-grounds/Exhibition Grounds Splash Pad Playground Outdoor Play Courts Camping Grounds R. V. Camping Parks B. INSTITUTIONAL 1. Penal and Correctional (a) Penal and Jails USES Institutional Uses Correctional Penitentiaries Detention Police Stations (with detention quarters) Prisons Psychiatric Hospitals (with detention quarters) Reformatories 2. Special Care (a) Medical Children's Homes Institutional Uses Treatment Convalescent Homes and Special Homes for Aged Care Hospitals Infirmaries Orphanages Psychiatric Hospitals Sanatoria c. RESIDENTIAL 1. Residential (a) Single Single Detached Dwellings USES Dwelling Dwelling Family & Group Homes Uses (b) Double Semi-detached Dwelling Dwelling Duplex Dwellings Family & Group Homes In-Law Suites (c) Row Row Houses Dwelling Town Houses Family & Group Homes (d) Apartment Apartments Building Family & Group Homes Flatrock Schedule 8 Page3 CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES C. RESIDENTIAL 2. General Residential Uses (a) Collective Residential USES (continued) Residential Colleges & Schools (continued) University & College Halls of Residence Convents & Monasteries Nurses and Hospital Residences (b) Boarding House Boarding House Residential Lodging House Bed and Breakfast Hospitality Home (c) Commercial Hotels & Motels Residential Hostels Residential Clubs (d) Seasonal Summer Homes & Cabins Residential Hunting & Fishing Cabins (e) Mobile Homes Mobile Homes D. BUSINESS 1. Business, Professional, and (a) Office Offices (including & PERSONAL Personal Service Uses Government Offices) SERVICE Banks USES (b) Medical & Medical Offices Professional and Consulting Rooms Dental Offices & Surgeries Legal Offices Similar Professional Offices (c) Personal Barbers Service Hairdressers Beauty Parlours Small Appliance Repairs Pet Grooming (d) General Self-service Laundries Service Dry Cleaners (not using flammable or explosive substances) Small Tool and Appliance Rentals Travel Agents Flatrock Schedule B Page4 CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES D. BUSINESS & 1. Business, (e) Communica- Radio Stations PERSONAL Professional tions Telephone Exchanges SERVICE & Personal USES Service Uses (f) Police Station Police Stations (continued) (continued) (g) Taxi Stand Taxi Stands (h) Take-out Take-out Food Food Service Service (i) Veterinary Veterinary Surgeries E. MERCANTILE 1. Retail Sale and (a) Shopping Shopping Centres USES Display Uses Centre (b) Shop Retail Shops, Stores and Showrooms Department Stores Pharmacy and drugstore (c) Indoor Market Market Halls Auction Halls (d) Outdoor Market Grounds Market Animal Markets Produce and Fruit Stands Fish Stalls Sale of Firewood Sale of Garbage Box Sale of New or Used Automobiles (e) Convenience Confectionary Stores Store Corner Stores Gift Shops Specialty Shops F. INDUSTRIAL 1. Industrial uses involving (a) Hazardous Bulk Storage of hazardous USES highly combustible and Industry liquids and substances. hazardous substances and Chemical Plants processes. Distilleries Feed Mills Lacquer, Mattress, Paint, Varnish, and Rubber Factories Spray Painting Flatrock Schedule B Page 5 CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES F. INDUSTRIAL 2. General Industrial Uses (a) General Factories USES involving limited Industry Cold Storage Plants (continued) Hazardous Substances and Freight Depots Processes. General Garages Warehouses Workshops Laboratories Laundries Planing Mills Printing Plants Contractors' Yards Outdoor Storage Heavy Equipment Storage (bl Service Gasoline Service Stations Station Gas Bars 3. Light, Non-hazardous or (a) Light Light Industry Non-intrusive Industrial Uses. Industry Parking Garages Indoor Storage Warehouses and Workshops G. NON-BUILDING (a) Agriculture Commercial Farms USES Hobby Farms Market Gardens & Nurseries l. Uses not directly related to building. (b) Forestry Tree Nurseries Silviculture (c) Mineral Quarries and Pits Working Mines Oil Wells (d) Recreational Playing Fields Open Space Sports Grounds Parks Playgrounds (e) Conservation Watersheds Buffer Strips Flood Plains Architectural, Historical and Scenic Sites Steep Slopes Wildlife Sanctuaries (f) Cemetery Cemeteries and Graveyards (g) Scrap Yard Car Wrecking Yards Junk Yards Scrap Dealers (h) Wind Power Wind Turbine(s) Flatrock Schedule B Page 6 CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES G. NON-BUILDING 1. Uses not directly related to (h) Solid Waste Solid Waste Disposal USES building. Sanitary Land Fill (continued) Incinerators (i)Animal Animal Pounds Kennels Zoos Dog Grooming (j) Antenna TV, Radio and Communications Transmitting, Receiving Masts and Antennae (k) Transportation Airfields Railway Yards Docks and Harbours (I) Sewerage Sewerage Treatment Plant treatment Sewerage Outfall Town of Flatrock Schedule C 2015-2025 PLAN-TECH ENVIRONMENT TOWN OF FLATROCK SCHEDULE "C" USE ZONE TABLES NOTE: This schedule contains tables showing the use classes which may be permitted or which may be treated as discretionary use classes for the purpose of these Regulations. The tables also indicate the required standards of development and may also include conditions affecting some or all of the use classes. The schedule contains tables for the following Use Zones: Land Use Zone Abbreviation Page Residential Medium Density RMD 1 Residential Rural RR 8 Residential Subdivision Area RSA 15 Mixed Development MD 17 Industrial Light IL 24 Public Buildings PB 28 Open Space Recreation OSR 32 Conservation CON 34 Agriculture A 36 Watershed w 38 Rural R 39 Flatrock 2015-2025, Schedule C Page USE ZONE TABLE ZONE TITLE RESIDENTIAL MEDIUM DENSITY (RMD} PERMITIED USE CLASSES - (see Regulation 89) Single dwelling and recreational open space. DISCRETIONARY USE CLASSES - (see Regulations 22 and 90) Double dwelling, Boarding house (includes tourist home, and bed and breakfast), row dwelling, apartment building, collective residential, small-scale hobby agriculture, convenience store, medical and professional, personal service, child care, home business, shop. STANDARDS Lot area (m 2 ) minimum 1860 Floor area (m 2 ) minimum 80 Public Road Frontage (m) (minimum) 30 Building Line Setback (m) (minimum) 8 Building Line Setback (m) (maximum) 32 Sideyard Width (m)(min.) 3 Rearyard Depth (m)(min.) 9 Lot Coverage (%)(max.) 33 Building Height (max.) 10 * Per dwelling unit CONDITIONS FOR RESIDENTIAL MEDIUM DENSITY ZONE 1. Discretionary Uses Classes The discretionary use classes listed in the table may be permitted at the discretion of the Council provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 2. Corner Lots Properties situated on existing or proposed corner lots shall be deemed to have two street frontages and shall be required to maintain the minimum building line setback on both the primary and flanking streets as prescribed in the use zone table. Flatrock 2015-2025, Schedule C Page2 3. Subsidiary Apartments (a) One subsidiary apartment may be permitted in a single dwelling. (b) For the purpose of calculating lot area and yard requirements, the apartment shall be considered part of the single dwelling. (c) A minimum of one off street parking space shall be required for the apartment. (d) The minimum floor area required is 60 m2 for a one bedroom subsidiary apartment, plus 10 m2 for each additional bedroom. (e) A referral to Service NL shall be required to determine water and sewage disposal requirements and approval. 4. Dwelling Frontage The front wall of a dwelling shall be parallel to the street on which it is fronting and has a civic number. 5. Accessory Buildings (a) An accessory building shall have a maximum floor area of SSm'. On lots with an area equal to or greater than 3035m', and where two accessory buildings are proposed, the maximum floor area of all buildings shall not exceed 110 m 2 . (b) An accessory building shall be prohibited to project in front of a building line or in the flanking sideyard of a corner lot. (c) Accessory buildings shall located be on the same lot as the residential dwelling and shall be clearly incidental and complementary to the main use of the residential dwelling in character, use, style and exterior finish, and shall be located so as to minimize any visual impacts on adjoining properties. (d) The maximum height shall be 6m with a minimum of 1.5 m from any property line and 2m from the nearest corner of a residential dwelling. (e) Accessory buildings (private garages only) may be permitted in the sideyard at Council discretion, but not in the flanking sideyard of a corner lot. (f) Residential lots may have more than one accessory building provided that the maximum combined floor area of all buildings shall not be greater than the maximum area as set out (a) above, the General Development Regulations and this Land Use Zone Table. (g) Aside from minor vehicle maintenance, no person shall use an accessory building for the purpose of performing major repairs, painting, dismantling, or scrapping of vehicles or machinery. 6. Advertisements Relating to Onsite Uses The conditions for the erection or display of an advertisement on any lot or site occupied by a permitted use or a legal non-conforming use shall be as follows: Flatrock 2015-2025, Schedule C Page 3 (a) The size, shape, illumination and material construction of the advertisement shall meet the requirements of Council, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. (b) No advertisement shall exceed 1.5 m 2 in area. (c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not be allowed in the residential area. 7. Advertisements Relating to Offsite Uses The conditions for the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land use, shall be as follows: (a) No advertisement shall exceed 1.5 m2 in area. (b) When the advertisements relate to a specific land use, they shall be located within a reasonable distance of, and only show thereon the name and nature of the distance or direction to, the premises to which they relate. (c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not be allowed in the residential area. (d) The location, siting and illumination of each advertisement shall be to the satisfaction of Council, having regard to the grade and alignment of streets, the location of street junctions and nearby buildings, and amenities of the surrounding area. 8. Convenience Store Convenience stores may only be permitted as a discretionary use provided that: (a) The convenience store forms part of the residential dwelling and shall not exceed more than 25% of the total floor area of the building, to a maximum of 45 m2. (b) The convenience store must front directly onto a public road. (c) The retail use shall be subsidiary to the residential character of the area, and shall not affect residential amenities of adjoining properties. (d) Adequate provision for on site parking, loading, buffering and landscaping. (e) A convenience store shall not be located on single access or dead end roads, unless on a corner lot at the intersection with a main road. 9. Home Businesses - Office, Medical and Professional Service, Personal Service, and Light Industry Uses as Home Occupations A Home Business is defined as an accessory use of a residential dwelling consisting of an occupation or profession which generates revenue for the resident. Office, medical and professional service, personal service, and light industry uses may be permitted provided they are carried out as home occupations, businesses operated in the dwelling, or in a building subsidiary to the dwelling on the same lot, by the occupants of the dwelling, and meet the following requirements. Flatrock 2015-2025, Schedule C Poge4 (a) Office uses shall be limited to small business services and professional offices; (b) Light Industry uses shall be limited to fabrication for the production of handmade articles such as clothing, and arts and crafts objects; (c) The use is clearly subsidiary to the residential use, does not alter the residential character of the dwelling unit, and does not detract from the residential character of the neighbourhood. (d) No wholesale sales or storage of goods is carried out, any retail sales are incidental and subsidiary to the approved use, no repairs to vehicles or heavy equipment are carried out. (e) Activities associated with the use are not hazardous and do not cause noticeable noise, odour, dust, fumes, or inconvenience to occupants of adjoining residences. (f) Activities associated with the use shall be carried on inside the dwelling or in a building separate from the dwelling. (g) One building only, separate from the dwelling, may be used in connection with a light industrial use and service use and shall conform to the Accessory Buildings condition height and floor area limit for this zone; child care use shall be carried out in the dwelling unit or be attached to the dwelling unit. (h) Except for child care, no more than 30% of the total floor area of the dwelling is devoted to the use. (i) The use shall not generate traffic, parking, sewage or water use in excess of what is normal in the residential area. (j) Activities associated with the use are not hazardous and do not cause a noticeable increase in noise, odour, dust or fumes, nor cause electrical interference or in any other way result in a nuisance to the occupants of surrounding residences. (k) The residential lot has sufficient area to accommodate the parking requirements of the dwelling unit and the home occupation. (I) No regular parking of commercial vehicles except for one vehicle with a gross weight of no greater than one tonne will be permitted on the lot or on the road reservation adjacent to the lot. 10. Child Care A day care or day nursery (i.e.: a child care operation in which services are regularly provided to seven or more children), is subject to the following conditions: (a) The operation is in accordance with all applicable provincial laws and regulations. (b) The use will not occupy more than 70m 2 or 40% of the floor area, whichever is less. (c) Provision for off-street parking will be required as per the off-street parking requirements of these Regulations. (d) The drop-off and pick-up of children will not interfere with the free flow of vehicular traffic. (e) The use is not located adjacent to or near hazardous, dangerous, or incompatible uses. These include, but are not limited to, heavy industrial uses, service stations, garages, taverns, night clubs, and amusement uses. - Flatrock 2015-2025, Schedule C Page 5 11. Boarding House Residential (Tourist Home/Bed and Breakfast) A tourist home/bed and breakfast use in a dwelling may be permitted as a discretionary use to provide room and board for tourists or the travelling public, under the following conditions: (a) (b) (c) (d) (e) (f) (g) the use does not detract from the residential character of the neighbourhood; the use is carried out by a resident/owner of the dwelling unit; the dwelling in which the tourist home/bed and breakfast use is carried out is similar in exterior finish, design, height, and scale to a private residential dwelling; one parking space shall be provided for each guest room on the lot; Council may require the parking area to be screened by a fence, or hedge; the maximum number of guest rooms shall be five (5), and the establishment shall be licensed under the Tourist Establishment Regulations, as amended from time to time. 12. Buffer (around waterways and waterbodies) No development shall be permitted within 15 metres of the high water mark of rivers or streams, or within 15 metres of the shoreline of ponds, with the exception of conservation structures such as those designed to control flooding and erosion as well as bridges, pathways, and public services. Development of marine or water related uses such as wharfs, slipways, boathouse, etc. may be permitted. All development occurring within these limits is subject to the approval of Council and the Department of Environment and Conservation. 13. Landscaping, Surfacing and Open Storage Residential buildings lots shall be landscaped. No debris or material left over from site preparation may be allowed to remain in general public view. The surface of the entire building lot must be finished with a stable surface (grass, pavement, gravel) to ensure dusty or muddy surface conditions will not arise. Open storage of goods or other items shall be limited to that which is normally associated with the residential use. Machinery or equipment shall not be permitted to be stored on residential property. Council may require fencing, or other forms of screening to prevent an unsightly appearance. 14. Effects on Surrounding Areas Any development in any zone must be generally acceptable within the context of surrounding development and so must not create unacceptable amounts of noise, traffic, fumes, dust or other pollution or otherwise present a nuisance, hazard or eyesore, especially with respect to existing or potential residential development. Flatrock 2015-2025, Schedule C Page6 15. Residential Buffer In the case of a residential development locating adjacent to an existing or proposed non- residential use or zone, Council may require the developer of the residential use to provide a buffer. Any such buffer shall be made up of hedges, trees, shrubs, earthen berms or structural barriers that will sufficiently mitigate noise, visual unpleasantness and other undesirable effects. Trees and shrubs existing on the site prior to development which could form all or part of a buffer shall not be removed. 16. Agriculture Only home based agriculture may be permitted at the discretion of Council. Home based agriculture, including the keeping of livestock, at a limited and minor scale, may only take place on residential property where the size and general location of the property lot is sufficient to allow such activity to take place in a manner that will be safe and nuisance free, with respect to other areas. Such activity shall not in any way present a nuisance or disturbance to surrounding property owners. Council shall refer any agriculture related applications to the Department of Natural Resources, Agrifoods Branch and the Department of Environment and Conservation, Water Resources Division, for comments. 17. Backlot Development Where vacant parcels of land exist which have access to a public street and are of sufficient size for a building lot, but which do not have the required frontage on a publicly maintained street, they may be considered on a discretionary basis provided the following conditions are met: (a) the maximum setback for front lot line or side lot line (depending on lot orientation) from a public street shall be a minimum of 32 metres and a maximum of 100 metres from a public street. The minimum lot area and all other development standards shall be the same as for other residential development in this zone; (b) only single dwellings may be permitted; (c) lots must have direct access to, and street line frontage on, a public street; (d) the development of the lot would not prevent the use of adjoining lands for future development. Where there is potential for additional development in the area, the lot and access shall be developed in a manner which will accommodate future development. As such, the access to the public street to which the owner must have clear title, shall be a minimum width of 15 m to accommodate future public use; (e) where there is no potential for future development, the access to the public street shall be a minimum of 6 min width and shall be treated as a private driveway; which the owner must have clear title. (f) the dwelling is separated from, and oriented, in a manner that does not adversely affect the privacy and enjoyment of adjoining properties. Separation distances may be required by the Council as a condition for development, considering such things Flatrock 2015-2025, Schedule C Page 7 as slope, drainage, tree cover and soil conditions. (g) the development of the backlot does not affect the legal conformity of the primary lot that has frontage on to a public street. 18. East Coast Trail The East Coast Trail is a natural walking/hiking trail along Flatrock Harbour and along the coastline of Atlantic Ocean which forms part of a much larger coastal trail system. Council shall encourage the maintenance of the trail to protect the natural landscape and views from the trial, and to ensure that future development does not negatively impact the trail. A 15 metre buffer shall be maintained along both sides of the trail where it passes over Crown land to protect the natural landscape and views from the trial. Council, in issuing any development permits within the planning area, shall encourage landowners to take into consideration the effect of development on the East Coast Trail and preservation of the scenic beauty along the Town's coastline, where the East Coast Trail transverses private property. 19. Steep Slopes and Flood Plains Applications for sites having slopes greater than 15%, or potentially subject to flooding or any other hazards such as landslides, shall not be permitted unless the site has a geo-physical assessment conducted by a Professional Engineer or other person qualified to make a determination, to ensure development can take place without endangerment to health or safety. 20. Storm and Construction Water Management a) Land and development projects shall be designed and graded in a manner that does not alter the natural flow of water or result in run-off from land or a development causing damage to other properties. b) Land development projects shall be undertaken with the objective of wherever possible achieving zero net runoff with respect to on-site storm water runoff. c) Where development results in the discharge of water into a wetland, waterbody, or watercourse, the discharge shall be designed and constructed in accordance with the requirements and conditions as set out by Council and the Flatrock 5tewmaker Management Study. Flatrock 2015-2025, Schedule C Page 8 USE ZONE TABLE ZONE TITLE RESIDENTIAL RURAL (RR} PERMITIED USES - see Regulation 90. Single dwelling, recreation open space. DISCRETIONARY USES- see Regulation 34 and 91. Boarding house residential (bed and breakfast only), convenience store, child care, medical and professional, personal service, office, home business, light industry {see condition); antenna. CONDITIONS FOR RESIDENTIAL RURAL ZONE 1. Development Standards 2. The development standards for this zone shall be as follows: a) Minimum Lot Size 3035 m' b) Minimum Frontage 36.4 m c) Minimum Floor Area 80 m' d) Minimum Building Line Setback 15 metres e) Maximum Building Line setback 32 metres f) Minimum Sideyard Width 3 metres g) Minimum Rearyard Depth 15 metres h) Maximum Height 10 metres i) Maximum Lot Coverage 33 % Discretionary Uses Classes The discretionary use classes listed in the table may be permitted at the discretion of the Council provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 3. Corner Lots Properties situated on existing or proposed corner lots shall be deemed to have two street frontages and shall be required to maintain the minimum building line setback on both the primary and flanking streets as prescribed in the use zone table. Flatrock 2015-2025, Schedule c Page9 4. Subsidiary Apartments (a) One subsidiary apartment may be permitted in a single dwelling. (b) For the purpose of calculating lot area and yard requirements, the apartment shall be considered part of the single dwelling. (c) A minimum of one off street parking space shall be required for the apartment. (d) The minimum floor area required is 60 m2 for a one bedroom subsidiary apartment, plus 10 m2 for each additional bedroom. (e) A referral to Service NL shall be required to determine water and sewage disposal requirements and approval. 5. Dwelling Frontage The front wall of a dwelling shall be parallel to the street on which it is fronting and has a civic number. 6. Accessory Buildings (a) An accessory building shall have a maximum floor area of 85m 2 . On lots with an area equal to or greater than 3035m2, and where two accessory buildings are proposed, the maximum floor area of all buildings shall not exceed 110 m 2 . (b) An accessory building shall be prohibited to project in front of a building line or in the flanking sideyard of a corner lot. (c) Accessory buildings shall located be on the same lot as the residential dwelling and shall be clearly incidental and complementary to the main use of the residential dwelling in character, use, style and exterior finish, and shall be located so as to minimize any visual impacts on adjoining properties. (d) The maximum height shall be 6m with a minimum of 1.Sm from any property line and 2m from the nearest corner of a residential dwelling. (e) Accessory buildings (private garages only) may be permitted in the sideyard at Council discretion, but not in the flanking sideyard of a corner lot. (f) Residential lots may have more than one accessory building provided that the maximum combined floor area of all buildings shall not be greater than the maximum area as set out (a) above, the General Development Regulations and this Land Use Zone Table. (g) Aside from minor vehicle maintenance, no person shall use an accessory building for the purpose of performing major repairs, painting, dismantling, or scrapping of vehicles or machinery. 7. Advertisements Relating to Onsite Uses The conditions for the erection or display of an advertisement on any lot or site occupied by a permitted use or a legal non-conforming use shall be as follows: Flatrock 2015-2025, Schedule C Page 10 (a) The size, shape, illumination and material construction of the advertisement shall meet the requirements of Council, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. (b) No advertisement shall exceed 1.5 m2 in area. (c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not be allowed in the residential area. 8. Advertisements Relating to Offsite Uses The conditions for the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land use, shall be as follows: (a) No advertisement shall exceed 1.5 m2 in area. (b) When the advertisements relate to a specific land use, they shall be located within a reasonable distance of, and only show thereon the name and nature of the distance or direction to, the premises to which they relate. (c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not be allowed in the residential area. (d) The location, siting and illumination of each advertisement shall be to the satisfaction of Council, having regard to the grade and alignment of streets, the location of street junctions and nearby buildings, and amenities of the surrounding area. 9. Convenience Store Convenience stores may only be permitted as a discretionary use provided that: (a) The convenience store forms part of the residential dwelling and shall not exceed more than 25% of the total floor area of the building, to a maximum of 45 m2 . (b) The convenience store must front directly onto a public road. (c) The retail use shall be subsidiary to the residential character of the area, and shall not affect residential amenities of adjoining properties. (d) Adequate provision for on site parking, loading, buffering and landscaping. (e) A convenience store shall not be located on single access or dead end roads, unless on a corner lot at the intersection with a main road. 10. Home Businesses - Office, Medical and Professional Service, Personal Service, and Light Industry Uses as Home Occupations A Home Business is defined as an accessory use of a residential dwelling consisting of an occupation or profession which generates revenue for the resident. Office, medical and professional service, personal service, and light industry uses may be permitted provided they are carried out as home occupations, businesses operated in the dwelling, or in a building subsidiary to the dwelling on the same lot, by the occupants of the dwelling, and meet the following requirements. Flatrock 2015-2025, Schedule C Page 11 (a) Office uses shall be limited to small business services and professional offices; (b) Light Industry uses shall be limited to fabrication for the production of handmade articles such as clothing, and arts and crafts objects; (c) The use is clearly subsidiary to the residential use, does not alter the residential character of the dwelling unit, and does not detract from the residential character of the neighbourhood. (d) No wholesale sales or storage of goods is carried out, any retail sales are incidental and subsidiary to the approved use, no repairs to vehicles or heavy equipment are carried out. (e) Activities associated with the use are not hazardous and do not cause noticeable noise, odour, dust, fumes, or inconvenience to occupants of adjoining residences. (f) Activities associated with the use shall be carried on inside the dwelling or in a building separate from the dwelling. (g) One building only, separate from the dwelling, may be used in connection with a light industrial use and service use and shall conform to the Accessory Buildings condition height and floor area limit for this zone; child care use shall be carried out in the dwelling unit or be attached to the dwelling unit. (h) Except for child care, no more than 30% of the total floor area of the dwelling is devoted to the use. (i) The use shall not generate traffic, parking, sewage or water use in excess of what is normal in the residential area. (j) Activities associated with the use are not hazardous and do not cause a noticeable increase in noise, odour, dust or fumes, nor cause electrical interference or in any other way result in a nuisance to the occupants of surrounding residences. (k) The residential lot has sufficient area to accommodate the parking requirements of the dwelling unit and the home occupation. (I) No regular parking of commercial vehicles except for one vehicle with a gross weight of no greater than one tonne will be permitted on the lot or on the road reservation adjacent to the lot. 11. Child Care A day care or day nursery (i.e.: a child care operation in which services are regularly provided to seven or more children), is subject to the following conditions: (a) The operation is in accordance with all applicable provincial laws and regulations. (b) The use will not occupy more than 70m2 or 40% of the floor area, whichever is less. (c) Provision for off-street parking will be required as per the off-street parking requirements of these Regulations. (d) The drop-off and pick-up of children will not interfere with the free flow of vehicular traffic. (e) The use is not located adjacent to or near hazardous, dangerous, or incompatible uses. These include, but are not limited to, heavy industrial uses, service stations, garages, taverns, night clubs, and amusement uses. Flatrock 2015-2025, Schedule C Page 12 12. Boarding House Residential (Tourist Home/Bed and Breakfast) A tourist home/bed and breakfast use in a dwelling may be permitted as a discretionary use to provide room and board for tourists or the travelling public, under the following conditions: (a) the use does not detract from the residential character of the neighbourhood; (b) the use is carried out by a resident/owner of the dwelling unit; (c) the dwelling in which the tourist home/bed and breakfast use is carried out is similar in exterior finish, design, height, and scale to a private residential dwelling; (d) one parking space shall be provided for each guest room on the lot; (e) Council may require the parking area to be screened by a fence, or hedge; (f) the maximum number of guest rooms shall be five (5), and (g) the establishment shall be licensed under the Tourist Establishment Regulations, as amended from time to time. 13. Buffer (around waterways and waterbodies) No development shall be permitted within 15 metres of the high water mark of rivers or streams, or within 15 metres of the shoreline of ponds, with the exception of conservation structures such as those designed to control flooding and erosion as well as bridges, pathways, and public services. Development of marine or water related uses such as wharfs, slipways, boathouse, etc. may be permitted. All development occurring within these limits is subject to the approval of Council and the Department of Environment and Conservation. 14. Landscaping, Surfacing and Open Storage Residential buildings lots shall be landscaped. No debris or material left over from site preparation may be allowed to remain in general public view. The surface of the entire building lot must be finished with a stable surface (grass, pavement, gravel) to ensure dusty or muddy surface conditions will not arise. Open storage of goods or other items shall be limited to that which is normally associated with the residential use. Machinery or equipment shall not be permitted to be stored on residential property. Council may require fencing, or other forms of screening to prevent an unsightly appearance. 15. Effects on Surrounding Areas Any development in any zone must be generally acceptable within the context of surrounding development and so must not create unacceptable amounts of noise, traffic, fumes, dust or other pollution or otherwise present a nuisance, hazard or eyesore, especially with respect to existing or potential residential development. - Flatrock 2015-2025, Schedule C Page 13 16. 17. Residential Buffer In the case of a residential development locating adjacent to an existing or proposed non- residential use or zone, Council may require the developer of the residential use to provide a buffer. Any such buffer shall be made up of hedges, trees, shrubs, earthen berms or structural barriers that will sufficiently mitigate noise, visual unpleasantness and other undesirable effects. Trees and shrubs existing on the site prior to development which could form all or part of a buffer shall not be removed. Agriculture (a) Only home based agriculture may be permitted at the discretion of Council. Home based agriculture, including the keeping of livestock, at a limited and minor scale, may only take place on residential property where the size and general location of the property lot is sufficient to allow such activity to take place in a manner that will be safe and nuisance free, with respect to other areas. Such activity shall not in any way present a nuisance or disturbance to surrounding property owners. Council shall refer any agriculture related applications to the Department of Natural Resources, Agrifoods Branch and the Department of Environment and Conservation, Water Resources Division, for comments. (b) Traditional small scale hobby and subsistence agricultural uses may be permitted such as vegetable gardens. Areas of steep slope where soil erosion may occur shall not be developed for agriculture uses, unless a soil erosion program can be developed and implemented. 18. East Coast Trail The East Coast Trail is a natural walking/hiking trail along Flatrock Harbour and along the coastline of Atlantic Ocean which forms part of a much larger coastal trail system. Council shall encourage the maintenance of the trail to protect the natural landscape and views from the trial, and to ensure that future development does not negatively impact the trail. A 15 metre buffer shall be maintained along both sides of the trail where it passes over Crown land to protect the natural landscape and views from the trial. Council, in issuing any development permits within the planning area, shall encourage landowners to take into consideration the effect of development on the East Coast Trial and preservation of the scenic beauty along the Town's coastline, where the East Coast Trail transverses private property. Flatrock 2015-2025, Schedule C Page 14 19. Steep Slopes and Flood Plains Applications for sites having slopes greater than 15%, or potentially subject to flooding or any other hazards such as landslides, shall not be permitted unless the site has a geo-physical assessment conducted by a Professional Engineer or other person qualified to make a determination, to ensure development can take place without endangerment to health or safety. 20. Storm and Construction Water Management a) Land and development projects shall be designed and graded in a manner that does not alter the natural flow of water or result in run-off from land or a development causing damage to other properties. b) Land development projects shall be undertaken with the objective of wherever possible achieving zero net runoff with respect to on-site storm water runoff. c) Where development results in the discharge of water into a wetland, waterbody, or watercourse, the discharge shall be designed and constructed in accordance with the requirements and conditions as set out by Council and the Flatrock Stewmaker Management Study. Flatrock 2015-2025, Schedule C Page 15 USE ZONE TABLE ZONE TITLE RESIDENTIAL SUBDIVISION AREA (RSA) PERMITIED USE CLASSES - (see Regulation 89) None except maintenance and operation of existing uses. DISCRETIONARY USE CLASSES - (see Regulations 22 and 90) Agriculture, forestry, conservation. CONDITIONS FOR RESIDENTIAL SUBDIVISION AREA ZONE 1. Purpose of the Residential Subdivision Area Zone Lands zoned Residential Subdivision Area may be suitable for large-scale residential development. The Residential Subdivision Area zoning prevents development until comprehensive planning has been carried out as specified in the Flatrock Municipal Plan. Residential Subdivision Area zones shall permit unserviced development. The developer shall submit a development scheme for the proposed Residential Subdivision area, showing how the proposed development will connect to adjacent development, including roads. Development shall not be permitted in a Residential Subdivision Area zone until the land has been appropriately rezoned. Land shall only be rezoned to Residential Rural and lot sizes shall conform to standards of the Residential Rural Land Use Zone Table. 2. Area Concept Pian An Area Concept Plan shall be developed for a proposed subdivision development and shall include adjacent lands within the area defined on the zoning map as a Residential Subdivision Area. The requirements for an Area Concept Plan are outlined in the Municipal Plan policy section 3.2.1.10. The Area Concept Plan shall be advertised within a local newspaper and shall be placed on public display for five business (5) days at the Town Hall, during regular hours, for public viewing so that residents may be provided comments on the proposed development to Council in writing. Area Concept Plans may be considered for multiple lot development proposals. Flatrock 2015-2025, Schedule C Page 16 Council shall review all written submissions which shall be taken into consideration prior to approving the Area Concept Plan and any Development Regulations Amendment for rezoning the Planned Development Area to the appropriate land use zone on the Land Use Zoning Map. Once the Area Concept Plan and Development Regulations Amendment have been approved by Council, the amendment shall be forwarded to the Department of Municipal Affairs for registration and a notice published in the Newfoundland and Labrador Gazette as well as a local newspaper. Note, under the Urban and Rural Plan Act, a public hearing is not required for a Development Regulations Amendment. 3. Subdivision Development Plan A Subdivision Development Plan in this zone will be considered only if it is in conformity with policies outlined in the Municipal Plan Policy 3.2.1.10. The subdivision development plan shall conform to the general design and layout of the area concept plan. The subdivision development plan does not require public consultation, but is required to be submitted to the Council for development approval and the issuing of any development permits. 4. Discretionary Use Discretionary uses permitted in this zone prior to the preparation and approval of an Area Concept Plan shall not include the development of any permanent structure. 5. Onsite Water Supply and Sewage All unserviced developments shall have an approved water and sewage service design and approved by the Service NL prior to a Development Permit issued by Council. Subdivisions with greater than 5 lots shall require a review by the Water Resources Management Division for conformity with the Ground Water Assessment Guidelines. 6. East Coast Trail The East Coast Trail is a natural walking/hiking trail along Flatrock Harbour and along the coastline of Atlantic Ocean which forms part of a much larger coastal trail system. Council shall encourage the maintenance of the trail to protect the natural landscape and views from the trial, and to ensure that future development does not negatively impact the trail. A 15 metre buffer shall be maintained along both sides of the trail where it passes over Crown land to protect the natural landscape and views from the trial. Council, in issuing any development permits within the planning area, shall encourage landowners to take into consideration the effect of development on the East Coast Trial and preservation of the scenic beauty along the Town's coastline, where the East Coast Trail transverses private property. Flatrock 2015-2025, Schedule C Page 17 USE ZONE TABLE ZONE TITLE MIXED DEVELOPMENT (MD) PERMITIED USE CLASSES - (see Regulation 89) Single dwelling, double dwelling, childcare, group child care, boarding house (includes tourist home, and bed and breakfast), medical treatment and special care (home for the aged only), personal services. DISCRETIONARY USE CLASSES - (see Regulations 22 and 90) Row dwelling, apartment building, commercial residential, cultural and civic, general assembly, indoor assembly, office, home business, personal service, general service, communications, taxi stand, take~out food service, shop, office, convenience store, place of worship, light industry, recreational open space and antenna. CONDITIONS FOR MIXED DEVELOPMENT ZONE 1. Development Standards The development standards for this zone shall be as follows: (a) Minimum Building Line Setback 8 metres* (b) Maximum Building Line Setback 32 metres (c) Minimum sideyards 3 metres (d) Minimum Rearyard 15 metres (e) Maximum Height 10 metres ( f) Minimum Floor area 80 m' (g) Minimum Frontage 30 metres (h) Minimum Lot Size 1860 m' Note: Residential development shall conform to the standards of the Residential Medium Density Land Use Zone Table. Flatrock 2015-2025, Schedule C Page 18 2. 3. Non Residential Development Standards (a) Minimum Building Line Setback 10 metres (b) Minimum sideyards 5 metres (c) Minimum Rearyard 10 metres (d) Maximum Height 10 metres Subsidiary Apartments (a) One subsidiary apartment may be permitted in a single dwelling. (b) For the purpose of calculating lot area and yard requirements, the apartment shall be considered part of the single dwelling. (c) A minimum of one off street parking space shall be required for the apartment. (d) The minimum floor area required is 60 m 2 for a one bedroom subsidiary apartment, plus 10 m2for each additional bedroom. (e) A referral to Service NL shall be required to determine water and sewage disposal requirements and approval. 4. Accessory Buildings (a) An accessory building shall have a maximum floor area of 85m2 . On lots with an area equal to or greater than 3035m2, and where two accessory buildings are proposed, the maximum floor area of all buildings shall not exceed 110 m2- (b) An accessory building shall be prohibited to project in front of a building line or in the flanking sideyard of a corner lot. (c) Accessory buildings shall located be on the same lot as the residential dwelling and shall be clearly incidental and complementary to the main use of the residential dwelling in character, use, style and exterior finish, and shall be located so as to minimize any visual impacts on adjoining properties. (d) The maximum height shall be 6m with a minimum of 1.Sm from any property line and 2m from the nearest corner of a residential dwelling. (e) Accessory buildings (private garages only) may be permitted in the sideyard at Council discretion, but not in the flanking sideyard of a corner lot. (f) Residential lots may have more than one accessory building provided that the maximum combined floor area of all buildings shall not be greater than the maximum area as set out (a) above, the General Development Regulations and this Land Use Zone Table. (g) Aside from minor vehicle maintenance, no person shall use an accessory building for the purpose of performing major repairs, painting, dismantling, or scrapping of vehicles or machinery. - - Flatrock 2015-2025, Schedule C Page 19 5 . Dwelling Frontage The front wall of a dwelling shall be parallel to the street on which it is fronting and has a civic number. 6. Corner Lots Properties situated on existing or proposed corner lots shall be deemed to have two street frontages and shall be required to maintain the minimum building line setback on both the primary and flanking streets as prescribed in the use zone table. 7. Discretionary Use Classes 8. 9. 10. The discretionary use classes listed in this table may be permitted at the discretion of Council, provided that they are complementary to permitted uses and will not inhibit or prejudice the existence or development of permitted uses. Buffer for Residential Uses Where a non-residential use abuts a residential use, Council may require a screen or barrier such as a fence, landscaped embankment, or trees to be erected on the non-residential site along the lot lines, consistent with the visibility requirements for traffic safety. Alternatively, Council may increase the sideyard and rearyard requirements on the non-residential site to provide additional separation from the abutting residential use. Advertisements Relating to Onsite Uses The conditions for the erection or display of an advertisement on any lot or site occupied by a permitted use or a legal non-conforming use shall be as follows: (a) (b) (c) The size, shape, illumination and material construction of the advertisement shall meet the requirements of Council, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. No advertisement shall exceed 1.5 m 2 in area. Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not be allowed in the residential area. Advertisements Relating to Offsite Uses The conditions for the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land use, shall be as follows: Flatrock 2015~2025, Schedule C Page 20 (a) No advertisement shall exceed 1.5 m2 in area. (b) When the advertisements relate to a specific land use, they shall be located within a reasonable distance of, and only show thereon the name and nature of the distance or direction to, the premises to which they relate. (c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not be allowed in the residential area. (d) The location, siting and illumination of each advertisement shall be to the satisfaction of Council, having regard to the grade and alignment of streets, the location of street junctions and nearby buildings, and amenities of the surrounding area. 11. Home Businesses - Office, Medical and Professional Service, Personal Service, Child Care and Light Industry Uses as Home Occupations A Home Business is defined as an accessory use of a residential dwelling consisting of an occupation or profession which generates revenue for the resident. Office, medical and professional service, personal service, and light industry uses may be permitted provided they are carried out as home occupations, businesses operated in the dwelling, or in a building subsidiary to the dwelling on the same lot, by the occupants of the dwelling, and meet the following requirements. (a) Office uses shall be limited to small business services and professional offices; (b) Light Industry uses shall be limited to fabrication for the production of handmade articles such as clothing, arts and crafts objects, and workshops; (c) The use is clearly subsidiary to the residential use, does not alter the residential character of the dwelling unit, and does not detract from the residential character of the neighbourhood. (d) No wholesale sales or storage of goods is carried out, any retail sales are incidental and subsidiary to the approved use, no repairs to vehicles or heavy equipment are carried out. (e) Activities associated with the use are not hazardous and do not cause noticeable noise, odour, dust, fumes, or inconvenience to occupants of adjoining residences. (f) Activities associated with the use shall be carried on inside the dwelling or in a building separate from the dwelling. (g) One building only, separate from the dwelling, may be used in connection with a light industrial use and service use and shall conform to the Accessory Buildings condition height and floor area limit for this zone; child care use shall be carried out in the dwelling unit or be attached to the dwelling unit. (h) Except for child care, no more than 30% of the total floor area of the dwelling is devoted to the use. (i) The use shall not generate traffic, parking, sewage or water use in excess of what is normal in the residential area. (j) Activities associated with the use are not hazardous and do not cause a noticeable increase in noise, odour, dust or fumes, nor cause electrical interference or in any other way result in a nuisance to the occupants of surrounding residences. Flatrock 2015-2025, Schedule C Page 21 (k) The residential lot has sufficient area to accommodate the parking requirements of the dwelling unit and the home occupation. (I) No regular parking of commercial vehicles except for one vehicle with a gross weight of no greater than one tonne will be permitted on the lot or on the road reservation adjacent to the lot. 12. Convenience Store Convenience stores may only be permitted as a discretionary use provided that: (a) The convenience store forms part of the residential dwelling and shall not exceed more than 25% of the total floor area of the building, to a maximum of 45 m2 . (b) The convenience store must front directly onto a public road. (c) The retail use shall be subsidiary to the residential character of the area, and shall not affect residential amenities of adjoining properties. (d) Adequate provision for on site parking, loading, buffering and landscaping. (e) A convenience store shall not be located on single access or dead end roads, unless on a corner lot at the intersection with a main road. 13. Child Care A day care or day nursery (i.e.: a child care operation in which services are regularly provided to seven or more children), is subject to the following conditions: (a) The operation is in accordance with all applicable provincial laws and regulations. (b) The use will not occupy more than 70m 2 or 40% of the floor area, whichever is less. (c) Provision for off-street parking will be required as per the off-street parking requirements of these Regulations. (d) The drop-off and pick-up of children will not interfere with the free flow of vehicular traffic. (e) The use is not located adjacent to or near hazardous, dangerous, or incompatible uses. These include, but are not limited to, heavy industrial uses, service stations, garages, taverns, night clubs, and amusement uses. 14. Boarding House Residential {Tourist Home/Bed and Breakfast) A tourist home/bed and breakfast use in a dwelling may be permitted as a discretionary use to provide room and board for tourists or the travelling public, under the following conditions: (a) the use does not detract from the residential character of the neighbourhood; (b) the use is carried out by a resident/owner of the dwelling unit; Flatrock 2015-2025, Schedule C Page 22 (c) the dwelling in which the tourist home/bed and breakfast use is carried out is similar in exterior finish, design, height, and scale to a private residential dwelling; (d) one parking space shall be provided for each guest room on the lot; (e) Council may require the parking area to be screened by a fence, or hedge; (f) the maximum number of guest rooms shall be five (5), and (g) the establishment shall be licensed under the Tourist Establishment Regulations, as amended from time to time. 15. Outdoor and Open Storage (a) Outdoor storage will not be permitted in frontyards. It may be permitted in sideyards and rearyards. Council may require fencing or other forms of screening to prevent an unsightly appearance. (b) Open storage of goods or other items shall be limited to that which is normally associated with the permitted residential use. Machinery or equipment shall not be permitted to be stored on residential property. Certain discretionary uses such as building supplies stores, gardening supply business, may require open storage of goods as part of the operation of the business. Council will ensure that these businesses do not in any way present a nuisance or disturbance to surrounding property owners. 16. Light Industry Uses Light industry uses shall be small scale uses such as small workshops and warehouses, and autobody repair shops shall be permitted provided that; (a) The use shall constitute entirely or partly the livelihood of a person living in the specified dwelling; (b) Activities associated with the use shall be carried on in building separate from the residential dwelling; (c) One building only, separate from the dwelling, and located in the rear or side yard a minimum of 2 m from any lot line, and having a maximum floor area of 75 m' and a height of no more than 6 m, may be used in connection with the general or light industrial use; (d) Activities associated with the use are not hazardous and do not create a nuisance by reason of noticeable noise, odour, dust or flames, or result in electrical interference; (e) Retail sales are incidental and subsidiary to the approved use and there is no outdoor storage of equipment or materials. (f) No change is made in the type, class or extent of the use without a permit. (g) Adequate on-site parking, loading, buffering and landscaping is provided. Flatrock 2015-2025, Schedule C Page 23 17. Buffer (around waterways and waterbodies) No development will be permitted within 15 metres of the high water mark of rivers or streams, or within 15 metres of the shoreline of ponds, with the exception of conservation structures such as those designed to control flooding and erosion as well as bridges, pathways, and public services. Development of marine or water related uses such as wharfs, slipways, boathouse, etc. may be permitted. All development occurring within these limits is subject to the approval of Council and the Department of Environment and Conservation. 18. East Coast Trail The East Coast Trail is a natural walking/hiking trail along Flatrock Harbour and along the coastline of Atlantic Ocean which forms part of a much larger coastal trail system. Council shall encourage the maintenance of the trail to protect the natural landscape and views from the trial, and to ensure that future development does not negatively impact the trail. A 15 metre buffer shall be maintained along both sides of the trail where it passes over Crown land to protect the natural landscape and views from the trial. Council, in issuing any development permits within the planning area, shall encourage landowners to take into consideration the effect of development on the East Coast Trial and preservation of the scenic beauty along the Town's coastline, where the East Coast Trail transverses private property. 19. Storm and Construction Water Management a) Land and development projects shall be designed and graded in a manner that does not alter the natural flow of water or result in run-off from land or a development causing damage to other properties. b) Land development projects shall be undertaken with the objective of wherever possible achieving zero net runoff with respect to on-site storm water runoff. c) Where development results in the discharge of water into a wetland, waterbody, or watercourse, the discharge shall be designed and constructed in accordance with the requirements and conditions as set out by Council and the Flatrock Stewmaker Management Study. Flatrock 2015-2025, Schedule C Page 24 USE ZONE TABLE ZONE TITLE INDUSTRIAL LIGHT (IL) PERMITIED USE CLASSES - (see Regulation 89) General Industry and light industry. DISCRETIONARY USE CLASSES - (see Regulations 22 and 90) Office, light industry, service station, professional and personal service, shop, transportation, Communications and antenna. CONDITIONS FOR INDUSTRIAL LIGHT ZONE 1. Development Standards 2. The development standards for this zone shall be as follows: (a) Minimum Building Line Setback 8 metres (b) Minimum Sideyards 5 metres (c) Minimum Rearyard 10 metres (d) Maximum Height 10 metres Discretionary Uses Classes The discretionary use classes listed in the table may be permitted at the discretion of the Council provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 3. Advertisements Relating to Onsite Uses The conditions for the erection or display of an advertisement on any lot or site occupied by a permitted use or a legal non-conforming use shall be as follows: (a) The size, shape, illumination and material construction of the advertisement shall meet the requirements of Council, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. Flatrock 2015-2025, Schedule C Page 25 {b) No advertisement shall exceed 1.5 m' in area. (c) Free standing portable illuminated signs {"yellow" or "Light Up Portable Signs") will not be allowed in the residential area. 4. Advertisements Relating to Offsite Uses The conditions for the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land use, shall be as follows: (a) No advertisement shall exceed 1.5 m2 in area. (b) When the advertisements relate to a specific land use, they shall be located within a reasonable distance of, and only show thereon the name and nature of the distance or direction to, the premises to which they relate. (c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not be allowed in the residential area. (d) The location, siting and illumination of each advertisement shall be to the satisfaction of Council, having regard to the grade and alignment of streets, the location of street junctions and nearby buildings, and amenities of the surrounding area. 5. Buffer (around waterways and waterbodies) No development will be permitted within 15 metres of the high water mark of rivers or streams, or within 15 metres of the shoreline of ponds, with the exception of conservation structures such as those designed to control flooding and erosion as well as bridges, pathways, and public services. Development of marine or water related uses such as wharfs, slipways, boathouse, etc. may be permitted. All development occurring within these limits is subject to the approval of Council and the Department of Environment and Conservation. 6. Light Industry (a) Light industry is restricted to use that are nonhazardous, and do not create any negative impacts on adjoining properties. {b) Light Industrial uses along coastline shall also allow for development of marine related industrial uses and transportation uses such as wharfs, slipways, docks, and breakwaters. Flatrock 2015-2025, Schedule C Page 26 7. Storage of Flammable Liquids All uses and structures for the bulk storage of flammable liquids shall conform to the requirements of the Provincial Fire Commissioner and shall be surrounded by such buffers and landscaping may be required by Council to prevent damage to adjacent uses by fire, explosion, or spills of flammable liquid. 8. Open Storage Outdoor storage of materials, goods and machinery shall meet the following conditions, and any other requirement of the Use Zone in which they are located: (a) Where it is not the primary use of land, storage areas shall not be located in the front yard. (b) Where storage areas are not screened from general view by vegetation or topography, a storage area may be required to be enclosed by an opaque wall or fence not less than 2 metres in height constructed of uniform materials and approved by Council. (c) Storage of vehicles or other machinery or equipment, except transport vehicles which may be parked in the open provided their parking area is landscaped and suitably located, shall be prohibited in areas where there is no screening or fencing. (d) Buffer areas shall not be used as storage areas. 9. Effects on Surrounding Areas Any development in this use zone shall be generally acceptable within the context of surrounding development and so shall not create unacceptable amounts of noise, traffic, fumes, dust or other pollution or otherwise present a nuisance, hazard or eyesore, especially with respect to existing or potential residential development. 10. Service Stations and Garages Service stations and garages may be approved by Council provided: (a) All gasoline pumps shall be located on pump islands designed for such purposes, and to which automobiles may gain access from either side. (b) Pump islands shall be set back at least 4 metres from the front lot line. (c) Any access shall not be less than 7 metres wide and shall be clearly marked, and where a service station is located on a corner lot, the centre line of any access shall be at least 30 metres from the centre line of the junction. (d) Surface run-off shall be directed to an oil/water separator before discharging into any storm sewer or any other surface or sub-surface drainage system Flatrock 2015-2025, Schedule C Page 27 11. Landscaping and Surfacing Residential buildings lots shall be landscaped. No debris or material left over from site preparation may be allowed to remain in general public view. The surface of the entire building lot must be finished with a stable surface (grass, pavement, gravel) to ensure dusty or muddy surface conditions will not arise. 12. Residential Buffer In the case of a residential development locating adjacent to an existing or proposed non- residential use or zone, Council may require the developer of the residential use to provide a buffer. Any such buffer shall be made up of hedges, trees, shrubs, earthen berms or structural barriers that will sufficiently mitigate noise, visual unpleasantness and other undesirable effects. Trees and shrubs existing on the site prior to development which could form all or part of a buffer shall not be removed. 13. Steep Slopes Application for construction on sites having slopes greater than 20 %, or potentially subject to flooding or any other hazard such as land slides, shall be approved suitable for development by an engineer or other person qualified to make such a determination to ensure that site development can take place without endangerment of health or safety. 14. East Coast Trail The East Coast Trail is a natural walking/hiking trail along Flatrock Harbour and along the coastline of Atlantic Ocean which forms part of a much larger coastal trail system. Council shall encourage the maintenance of the trail to protect the natural landscape and views from the trial, and to ensure that future development does not negatively impact the trail. A 15 metre buffer shall be maintained along both sides of the trail where it passes over Crown land to protect the natural landscape and views from the trial. Council, in issuing any development permits within the planning area, shall encourage landowners to take into consideration the effect of development on the East Coast Trial and preservation of the scenic beauty along the Town's coastline, where the East Coast Trail transverses private property. Flatrock 2015-2025, Schedule C Page 28 USE ZONE TABLE ZONE TITLE PUBLIC BUILDINGS {PB) PERMITIED USE CLASSES - (see Regulation 89) Educational, cultural and civic uses, general assembly, medical treatment and special care, government or public offices, place of worship, recreational open space, child care and police station. DISCRETIONARY USE CLASSES - (see Regulations 22 and 90) Indoor assembly, outdoor assembly, shop, take-out food service, catering and antenna. CONDITIONS FOR PUBLIC BUILDINGS ZONE 1.Development Standards The development standards for this zone shall be as follows: (a) Minimum Building Line Setback 10 metres (b) Minimum Sideyards 5 metres (c) Minimum Rearyard 15 metres (d) Maximum Height 15 metres 2.Discretionary Use Classes The discretionary use classes listed in the table may be permitted at the discretion of the Council provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 2. Offices Government offices, banks, and other offices of a public nature shall be permitted in this zone. Commercial offices or offices associated with a business operation shall not be permitted. Flatrock 2015-2025, Schedule C Page 29 4. Shop and Catering Uses (a) A shop may be permitted where it is associated with a public assembly use relating to the selling or renting of items related to a public assembly use and taking place on-site (b) Catering may be permitted in associations with a permitted use such as church functions, weddings, parties, etc. Catering use will only be permitted as a temporary use by Council. 5. Advertisements Relating to Onsite Uses The conditions for the erection or display of an advertisement on any lot or site occupied by a permitted use or a legal non-conforming use shall be as follows: (a) The size, shape, illumination and material construction of the advertisement shall meet the requirements of Council, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. (b) No advertisement shall exceed 1.5 m2 in area. (c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not be allowed in the residential area. 6. Advertisements Relating to Offsite Uses The conditions for the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land use, shall be as follows: (a) No advertisement shall exceed 1.5 m2 in area. (b) When the advertisements relate to a specific land use, they shall be located within a reasonable distance of, and only show thereon the name and nature of the distance or direction to, the premises to which they relate. (c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not be allowed in the residential area. (d) The location, siting and illumination of each advertisement shall be to the satisfaction of Council, having regard to the grade and alignment of streets, the location of street junctions and nearby buildings, and amenities of the surrounding area. Flatrock 2015-2025, Schedule C Page 30 7. Take-out Food Service A take-out food service shall be subsidiary to a permitted use. 8. Buffer (around waterways and waterbodies) No development will be permitted within 15 metres of the high water mark of rivers or streams, or within 15 metres of the shoreline of ponds, with the exception of conservation structures such as those designed to control flooding and erosion as well as bridges, pathways, and public services. Development of marine or water related uses such as wharfs, slipways, boathouse, etc. may be permitted. All development occurring within these limits is subject to the approval of Council and the Department of Environment and Conservation. 9. Effects on Surrounding Areas Any development in this use zone shall be generally acceptable within the context of surrounding development and so shall not create unacceptable amounts of noise, traffic, fumes, dust or other pollution or otherwise present a nuisance, hazard or eyesore, especially with respect to existing or potential residential development. 10. Landscaping and Surfacing Residential buildings lots shall be landscaped. No debris or material left over from site preparation may be allowed to remain in general public view. The surface of the entire building lot must be finished with a stable surface (grass, pavement, gravel) to ensure dusty or muddy surface conditions will not arise. 11. Effects on Surrounding Areas Any development in any zone must be generally acceptable within the context of surrounding development and so must not create unacceptable amounts of noise, traffic, fumes, dust or other pollution or otherwise present a nuisance, hazard or eyesore, especially with respect to existing or potential residential development. Flatrock 2015·2025, Schedule C Page 31 12. Residential Buffer In the case of a residential development locating adjacent to an existing or proposed non· residential use or zone, Council may require the developer of the residential use to provide a buffer. Any such buffer shall be made up of hedges, trees, shrubs, earthen berms or structural barriers that will sufficiently mitigate noise, visual unpleasantness and other undesirable effects. Trees and shrubs existing on the site prior to development which could form all or part of a buffer shall not be removed. 13. Steep Slopes Application for construction on sites having slopes greater than 20 %, or potentially subject to flooding or any other hazard such as land slides, shall be approved suitable for development by an engineer or other person qualified to make such a determination to ensure that site development can take place without endangerment of health or safety. Flatrock 2015-2025, Schedule C Page32 USE ZONE TABLE ZONE TITLE OPEN SPACE RECREATION (OSR) PERMITTED USE CLASSES - (see Regulation 89) Recreational open space and conservation. DISCRETIONARY USE CLASSES - (see Regulations 22 and 90) Indoor assembly, outdoor assembly, cultural and civic, catering (take-out food service) and antenna. CONDITIONS FOR OPEN SPACE RECREATION ZONE 1. Discretionary Use Classes The discretionary use classes listed in the table may be permitted at the discretion of the Council provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 2. Take-Out Food Service A take-out food service use may be permitted considered on a discretionary basis provided it serves recreational activities only. 3. Accessory Buildings Accessory buildings may be permitted at the discretion of the Council provided that they are complementary to uses within the permitted use classes. 4. Effects on Surrounding Areas Any development must be generally acceptable within the context of surrounding development so as not create unacceptable amounts of noise, traffic, fumes, dust or other pollution or otherwise present a nuisance, hazard or eyesore, especially with respect to existing or potential residential development. Flatrock 2015-2025, Schedule C Page 33 5. Buffer (around waterways and waterbodies) No development will be permitted within 15 metres of the high water mark of rivers or streams, or within 15 metres of the shoreline of ponds, with the exception of conservation structures such as those designed to control flooding and erosion as well as bridges, pathways, and public services. Development of marine or water related uses such as wharfs, slipways, boathouse, etc. may be permitted. All development occurring within these limits is subject to the approval of Council and the Department of Environment and Conservation. 6. East Coast Trail The East Coast Trail is a natural walking/hiking trail along Flatrock Harbour and along the coastline of Atlantic Ocean which forms part of a much larger coastal trail system. Council shall encourage the maintenance of the trail to protect the natural landscape and views from the trial, and to ensure that future development does not negatively impact the trail. A 15 metre buffer shall be maintained along both sides of the trail where it passes over Crown land to protect the natural landscape and views from the trial. Council, in issuing any development permits within the planning area, shall encourage landowners to take into consideration the effect of development on the East Coast Trial and preservation of the scenic beauty along the Town's coastline, where the East Coast Trail transverses private property. Flatrock 2015-2025, Schedule C Page 34 USE ZONE TABLE ZONE TITLE CONSERVATION (CON} PERMITIED USE CLASSES - (see Regulation 89) Conservation, cemetery. DISCRETIONARY USE CLASSES - (see Regulations 22 and 90) Agriculture, forestry, transportation (sheds and wharves along the coastline), and antenna. CONDITIONS FOR OPEN SPACE CONSERVATION ZONE 1. Discretionary Use Classes The discretionary use classes listed in the table may be permitted at the discretion of the Council provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 2. Agricultural Use Traditional small scale hobby and subsistence agricultural uses may be permitted such as vegetable gardens. Areas of steep slope where soil erosion may occur shall not be developed for agriculture uses, unless a soil erosion program can be developed and implemented. 3. Cemetery Cemeteries which are located separately from a church shall be permitted in the Open Space Conservation zone. 4. Accessory Building An accessory building may be permitted in association with a cemetery and shall have a maximum floor area of 20 m2. Accessory buildings shall be located a minimum of 3 metres from the nearest part of the main building and a minimum of 1 metre from a side and rear lot line and a maximum height of an accessory building shall be 4 metres. Flatrock 2015-2025, Schedule C Page35 5. Sheds and Wharves Sheds and Wharves maybe developed along the coastline at the discretion of the Council provided they are marine related and small scale in nature. 6. Buffer (around waterways and waterbodies) No development will be permitted within 15 metres of the high water mark of rivers or streams, or within 15 metres of the shoreline of ponds, with the exception of conservation structures such as those designed to control flooding and erosion as well as bridges, pathways, and public services. Development of marine or water related uses such as wharfs, slipways, boathouse, etc. may be permitted. All development occurring within these limits is subject to the approval of Council and the Department of Environment and Conservation. 7. East Coast Trail The East Coast Trail is a natural walking/hiking trail along Flatrock Harbour and along the coastline of Atlantic Ocean which forms part of a much larger coastal trail system. Council shall encourage the maintenance of the trail to protect the natural landscape and views from the trial, and to ensure that future development does not negatively impact the trail. A 15 metre buffer shall be maintained along both sides of the trail where it passes over Crown land to protect the natural landscape and views from the trial. Council, in issuing any development permits within the planning area, shall encourage landowners to take into consideration the effect of development on the East Coast Trial and preservation of the scenic beauty along the Town's coastline, where the East Coast Trail transverses private property. Flatrock 2015-2025, Schedule C Page 36 USE ZONE TABLE ZONE TITLE AGRICULTURE (A) PERMITTED USE CLASSES - (see Regulation 89) Agriculture, forestry, animal and conservation. DISCRETIONARY USE CLASSES - (see Regulations 22 and 90) Veterinary, outdoor market, general industry, mineral working, antenna, single dwelling. and recreational open space. CONDITIONS FOR AGRICULTURE ZONE 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of Council provided that they are complementary to permitted uses and will not adversely affect the quality or quantity of water identified as a water supply source. 2. Forestry, Agriculture, and Existing Uses Selective forestry activities, agriculture, and the maintenance and limited extension of existing uses may be permitted provided they cause no detrimental effect on water quality. 3. Single Dwelling Where permitted as a discretionary use, single dwellings shall be subsidiary to and part of a farm or forestry operation. 4. Buffer (around waterways) The area 15 metres in width on each side of rivers, ponds and tributary streams shall be left in a natural state. Its precise limits shall be identified and determined by the Federal Department of Fisheries and Oceans and Provincial Department of Environment and Conservation, Water Resources Management Division. Flatrock 2015-2025, Schedule C Page 37 5. Recreation Only passive recreational activities such as hiking and skiing shall be permitted in the watershed area. 6. Medalis Pond Watershed Any existing and proposed agricultural or other uses within the Medalsis Pond Watershed identified by Council shall be subject to the review of the Department of Environment and Conservation, Water Resources Management Division. Flatrock 2015-2025, Schedule C Page 38 USE ZONE TABLE ZONE TITLE WATERSHED (W) PERMITIED USE CLASSES - (see Regulation 89) Passive recreation and conservation. DISCRETIONARY USE CLASSES - (see Regulations 22 and 90) Forestry, agriculture, recreation open space and antenna. CONDITIONS FOR WATERSHED ZONE 1. Discretionary Use Classes The discretionary use classes listed in the table may be permitted at the discretion of the Council provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 2. Forestry, Agriculture, and Existing Uses Selective forestry activities, agriculture, and the maintenance and limited extension of existing uses may be permitted provided they cause no detrimental effect on water quality. 3. Recreation Only passive recreational activities such as hiking and skiing shall be permitted in the watershed area. Flatrock 2015-2025, Schedule C Page 39 USE ZONE TABLE ZONE TITLE RURAL (R) PERMITIED USE CLASSES - (see Regulation 89) Agriculture, forestry, marine related industry, recreational open space, and conservation. DISCRETIONARY USE CLASSES - (see Regulations 22 and 90) Single dwelling, veterinary, outdoor market, outdoor assembly, light industry, mineral working, recreational open space, cemetery, animal, utilities {see condition); transportation and antenna. CONDITIONS FOR RURAL ZONE 1. Discretionary Use Classes The discretionary use classes listed in the table may be permitted at the discretion of the Council provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 2. Development Standards The development standards for uses in this zone shall be determined case-by-case and shall conform to the standards for the same uses in other zones. 3. Single Dwellings Single residential dwellings may be permitted in conjunction with a permitted use such as agriculture. The agricultural uses shall be a commercial business and the full time farmer shall obtain a minimum of SO% of his or her gross income from the farm operation. The commercial operation shall be in operation for a minimum of two years before Council will approve any residential development. 4. Residential Buffer Where any proposed non-residential use is to abut an existing or proposed residential use or a Residential zone, the proponent of the non-residential development may be required to provide a buffer. Conversely, in the case of a residential development locating adjacent to an existing or proposed non-residential use or zone, Council may require the developer of the residential use to provide a buffer. Any such buffer shall be made up of hedges, trees, shrubs, earthen berms Flatrock 2015-2025, Schedule C Page 40 or structural barriers that will sufficiently mitigate noise, visual unpleasantness and other undesirable effects. Trees and shrubs existing on the site prior to development which could form all or part of a buffer shall not be removed. Before approving any non-residential development near existing or proposed residential development or Residential zones, Council must be satisfied that the proposed non-residential development: (a) will not give rise to excessive noise or other forms or pollution, (b) will not generate vehicle traffic which is above the level acceptable to adjacent residential amenities, (c) will not cause unacceptable nuisance or hazard to adjacent residential uses, and (d) can, in general, be considered acceptable to the amenity of residential uses. 5. Buffer (around waterways and waterbodies) No development will be permitted within 15 metres of the high water mark of rivers or streams, or within 15 metres of the shoreline of ponds, with the exception of conservation structures such as those designed to control flooding and erosion as well as bridges, pathways, and public services. Development of marine or water related uses such as wharfs, slipways, boathouse, etc. may be permitted. All development occurring within these limits is subject to the approval of Council and the Department of Environment and Conservation. 6. East Coast Trail The East Coast Trail is a natural walking/hiking trail along Flatrock Harbour and along the coastline of Atlantic Ocean which forms part of a much larger coastal trail system. Council shall encourage the maintenance of the trail to protect the natural landscape and views from the trial, and to ensure that future development does not negatively impact the trail. 7. Advertisements Relating to Onsite Uses The conditions for the erection or display of an advertisement on any lot or site occupied by a permitted use or a legal non-conforming use shall be as follows: (a) (b) The size, shape, illumination and material construction of the advertisement shall meet the requirements of Council, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. No advertisement shall exceed 5 m' in area. - - - Flatrock 2015-2025, Schedule C Page 41 8. Advertisements Relating to Offsite Uses The conditions for the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land use, shall be as follows: (a) No advertisement shall exceed 3 m2 in area. (b) When the advertisements relate to a specific land use, they shall be located within a reasonable distance of, and only show thereon the name and nature of the distance or direction to, the premises to which they relate. (c) The location, siting and illumination of each advertisement shall be to the satisfaction of Council, having regard to the grade and alignment of streets, the location of street junctions and nearby buildings, and the amenities of the surrounding area. 9. Seasonal Residential Seasonal residential use and recreation cottage use shall not be permitted within the Rural land use zone. 10. Mineral Working Council may permit mineral working subject to the following conditions: (a) Effective tree screens shall be maintained around the periphery of any mineral working. Where trees are not present to create an effective screen, Council may require the installation of a landscaped embankment or fence. (b) Topsoil removed for mineral working shall be retained for restoration of the site. (c) No mineral working shall be conducted which causes danger or nuisance to the public. (d) No mineral working shall be permitted within the view of a designated scenic road. (e) Proposed mineral working operations will be evaluated carefully by Council in conjunction with the Department of Natural Resources. (f) No mineral working shall unacceptably reduce the quality of water in a watercourse or waterbody. Any access road which crosses a watercourse shall have a bridge or culvert according to the regulations of the Department of Environment and Conservation. (g) No mineral working shall result in the excavation of land below the level of the water table nor cause the ponding of water. However, settling ponds may be permitted with the approval of the Department of Environment and Conservation. (h) No mineral working shall be carried out in a manner which causes the erosion of adjacent land. (i) The mineral working shall be kept clean of refuse, abandoned vehicles and equipment, and derelict buildings. Flatrock 2015-2025, Schedule C Page 42 (j) Upon completion of mineral working, and when there is no intention to re-open such operations, all buildings and machinery shall be removed from the site and the site restored so as not to constitute a danger to the public or present an unsightly appearance. 11. Separation from Adjacent Uses Unless the Authority is satisfied that the working will not create a nuisance and will not adversely affect the amenity of the specified development or natural feature, no mineral working shall be located closer than the minimum distances set out below to the specified development or natural feature: From: Existing or proposed Residential Development - where no blasting is involved - where blasting is involved Any other developed area or area likely to be developed during the life of the pit or quarry working. Public highway or street Protected Road Waterbody or watercourse 12. Screening Minimum Distance of Pit and Quarry Workings 300 metres 1000 metres 150 metres 50 metres 90 metres 50 metres A mineral working shall be screened in the following manner where it is visible from a public street or highway, developed area, or area likely to be developed during the life of the use: (a) Where tree screens exist between the mineral working and adjacent public highways and streets or other land uses (excepting forestry and agriculture), the tree screens shall be retained in a 30-metre wide strip of vegetation so that visibility of any part of the use from the surrounding uses or streets will be prevented. The tree screens must be maintained by the owner or occupier of the use to retain 30 metres in a forested Flatrock Development Regulations, Schedule C Page 43 appearance. Where vegetation dies or is removed from the 30-metre strip, the Authority may require new trees of a minimum height of 1 metre be planted to fill in the areas affected to the satisfaction of the Authority or, at the discretion of the Authority, condition 4(b) must be undertaken. (b) Where no tree screens exist of sufficient width and density to constitute a visual screen, earthen berms shall be constructed to a height sufficient to prevent visibility of any part of the mineral working from adjacent uses (excepting forestry and agriculture), or adjacent public highways and streets. The berms shall be landscaped to the Authority's satisfaction. (c) Where natural topography creates a visual screen between mineral workings and adjacent public highways and streets or other land uses (excepting forestry and agriculture), additional screening may not be required. (d) Where effective screening for any mineral working or associated processing or manufacturing use cannot be installed or located as required in (a) - (c) above, the Authority may refuse to permit the use or associated activity. 13. Fencing The Authority may require the mineral working site or excavated areas of a pit or quarry working to be enclosed by a fence designed and constructed to its specifications and no less than 1.8 metres in height. 14. Water Pollution 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 or quarry working which crosses a brook or stream shall be bridged or culverted at the crossing in accordance with the Regulations of the Department of Environment and Conservation. 15. Water Ponding 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 or quarry working which crosses a brook or stream shall be bridged or culverted at the crossing in accordance with the Regulations of the Department of Environment and Conservation. Flatrock Development Regulations, Schedule C Page 44 16. Erosion Control No mineral working shall be carried out in a manner so as to cause erosion of adjacent land. 17. Site Maintenance The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned equipment and any derelict buildings. 18. Access Roads During extended periods of shutdown, access roads to a mineral working shall be ditched or barred to the satisfaction of the Authority. 19. Stockpiling Cover Material All stumps, organic material and topsoil, including the rusty coloured and iron stained layer, shall be stripped and stockpiled at least 5 metres from active quarry or stockpile areas. The owner or operator shall ensure that the quality of the topsoil is not affected by dilution with other materials. Termination and Site Rehabilitation 20. Upon completion of the mineral working, the following work shall be carried out by the operation: (a) All buildings, machinery and equipment shall be removed. (b) All pit and quarry slopes shall be graded to slopes less than 20° or to the slope conforming to that existing prior to the mineral working. (c) Topsoil and any organic materials shall be re-spread over the entire quarried area. (d) The access road to the working shall be ditched or barred to the satisfaction of the Authority. 21. If the mineral working contains reserves of material sufficient to support further extraction operations, the Authority may require the work described above to be carried out only in areas of the site where extraction has depleted aggregate reserves. Flatrock Development Regulations, Schedule C Page 45 22. Short-term Mineral Workings The following conditions shall apply to a Mineral Working which is subject to a Department of Mines and Energy Quarry Permit or which is proposed for a duration of less than five years. The Authority may require an applicant for a development permit under this condition to meet the stipulations set out in condition 18 below, if the Authority determines that the size of the parcel or of the proposed mineral working, or the size of the aggregate resource in the surrounding area is sufficiently large or the duration is sufficiently long to warrant the application of condition 18. (a) An application for a development permit for the proposed Mineral Working use shall be accompanied by a detailed sketch or sketches satisfactory to the Authority which shall show the location of physical site features and extraction and processing features required by the Authority, including but not limited to: (i) the general area of the location of the mineral working; (ii) boundaries of the parcel to be mined (ie. land covered by the development application); (iii) extent of the site area to be mined; (iv) roads, parking and loading areas and entrance and exit to the site; (v) waterbodies within the boundaries; (vi) waterbodies within 250 metre radius of the boundary; (vii) channels or ponds to be removed, shifted and created; and (viii) the location of any building or structure and equipment which will be located on the site. (b) Upon completion of the mineral working operations on the site, the developer shall meet the conditions set out above and any other condition(s) stated in the development permit that the Authority deems necessary for restoration of the site. (c) A temporary development permit may be issued for a maximum of one year and may not be renewed after five consecutive years. Upon expiry of the development permit the Authority shall inspect the site to confirm compliance with the development permit and development regulations. 23. Long-term Mineral Workings The following conditions shall apply to a Mineral Working subject to a Department of Mines and Energy Quarry Lease or of a duration of 5 years or greater. (a) An application for a development permit shall include a Mineral Working Development Plan satisfactory to the Authority for the proposed Mineral Working use, which shall include a site plan showing the location of physical site features and extraction and processing features required by the Authority including but not limited to: Flatrock Development Regulations, Schedule C Page 46 (i) boundaries of the parcel to be mined; (ii) extent of site area(s) to be mined; (iii) buildings and structures on the site; (iv) roads, parking and loading areas and entrance and exit to the site; (v) fences, berms and landscaping provided for screening; (vi) waterbodies and channels to be removed, shifted and created; (vii) location and expected maximum height of stockpiles of mined ores, sand and gravel; viii) location of major machinery and conveyors for receiving and processing raw ores including machinery for sifting, washing and grading ores, and the manufacturing of concrete and stone products; (ix) the probable location of storage piles of topsoil and overburden removed from earlier phases of mined areas and temporarily being stored for replacement under the Reclamation plan; and (x) intended phases of mining operations to be carried out over all portions of the site. (b) An application for a development permit shall include a Mineral Working Reclamation Plan satisfactory to the Authority for the proposed mineral working use which shall explain, illustrate and show to the satisfaction of the Authority a plan for restoration of the site which includes final ground contours, slopes, depth of topsoil, and vegetation and a phasing plan if necessary in the form of a grading and landscape plan or plans. 24. Financial Guarantee (a) The developer shall provide a financial guarantee in the form of a performance bond or unconditional and irrevocable letter of credit or other form acceptable to the Authority. (b) The financial guarantee shall be the greater of (a) $5,000 per hectare, prorated on the basis of area to a minimum of $500, or (b) an amount to cover the costs of restoring or landscaping the site after the quarry operations have ended or the site is abandoned by the applicant. (c) The financial guarantee shall be returned when the Reclamation Plan has been carried out or the development terminated and any conditions attached to the development permit have been met to the satisfaction of the Authority." Flatrock Development Regulations, Schedule C Page 47 25. Permit Fee The development permit fee for a Mineral Working use shall be determined by the Authority in an amount sufficient to cover the review of the Development and Reclamation Plans or the detailed sketch as required above, and determination of the amount of the financial guarantee described in section 19 above by a professional engineer, ongoing inspection of the site for conformity with the named Plans or sketches and with the conditions of the development permit, and inspection of the site to determine acceptable reclamation for purposes of return or cancellation of the financial guarantee. Town of Flatrock Schedule D 2015-2025 PLAN-TECH ENVIRONMENT Flatrock Schedule D Page 1 OFF-STREET PARKING REQUIREMENTS r CLASS -ASSEMBLY USES (a) Theatre j Two spaces for every 5 seats , (b) Cultural and Civic One space for every 50m 2 of gross floor area (c) Educational K - 12 - 3 spaces for every classroom. Other facilities - 1 space for every 5 persons using the facilities (students, faculty and staff) (d) Place of Worship Two spaces for every 5 seats (e) Passenger Assembly As specified by the Council ! (f) Private Club One space for every 3 persons that may be accommodated at one time (g) Catering One space for every 3 persons that may be accommodated at one time (h) Lounges and Bars One space for every 3 persons that may be accommodated at one time (i) Funeral Home I One space for every 10m2 of gross floor area (j) Child Care One space for every 20m 2 of gross floor area ' (k) Amusement One space for every 10m 2 of gross floor area (I) Indoor Assembly One space for every 10 persons that may be accommodated at one time (m) Outdoor Assembly As specified by the Council CLASS - INSTITUTIONAL USES (a) Detention Centre As specified by the Council. (b) Medical Treatment and Special Care One space for every 20m2 of gross floor area (c) Special Care One space for every bed (d) Collective Residential As specified by the Council Off-Street Parking Requirements Flatrock Schedule D Page 2 CLASS - RESIDENTIAL USES (a) Single Dwelling Two spaces for every dwelling unit (b) Double Dwelling Two spaces for every dwelling unit ( c) Row Dwelling Two spaces for every dwelling unit (d) Apartment Building Three spaces for every 2-dwelling units (e) Subsidiary Apartment Two spaces for every apartment unit (f) Hospitality Home As specified by the Council (g) Boarding House Residential One space for every residential unit (h) Mobile Home Two spaces for every residential unit CLASS - BUSINESS AND PERSONAL SREVICES (a) Office One space for every 20m2 of gross floor area (b) Professional Service One space for every 20m2 of gross floor area (c) Personal Service One space for every 20m 2 of gross floor area (d) General Service One space for every 20m 2 of gross floor area (e) Communications As specified by the Council (f) Home Occupation Minimum of 1 space per non-resident employee CLASS - COMMERCIAL USES (a) Shopping Centre One space for every 20m 2 of gross floor area (b) Shop Min. of 2 spaces plus one space for every 20m2 of gross floor area (c) Convenience Store Min. of 2 spaces plus one space for every 20m 2 of gross floor area (d) Take-Out Food Min. of 2 spaces plus one space for every 15m2 of gross floor area (e) Vending Stand Minimum of 2 spaces plus additional as specified by the Council (f) Indoor Market As specified by the Council (g) Outdoor Market As specified by the Council (h) Service Station One space for every 20m 2 of gross floor area (i) Commercial Residential One space for every rental room Off-Street Parking Requirements Flatrock Schedule D Page 3 CLASS - INDUSTRIAL USES (a) Hazardous Industry One space for every employee, plus 3 (b) General Industry One space for every employee, plus 3 (c) Light Industry i One space for every employee, plus 3 CLASS - NON-BUILDING USES (a) Outdoor Recreation As specified by the Council (b) Conservation As specified by the Council (c) Cemetery As specified by the Council (d) Scrap Yard As specified by the Council i i (e) Animal ' I Min. of 2 spaces plus one space for every 20m 2 of gross floor area (f) Transportation i As specified by the Council Typical Parking Space Standards: Minimum 2.75x 5.8 Minimum size 16 m 2 (General Regulations Article 51) Must be graded and surfaced with concrete, asphalt, or other hard dustless surface material as approved by Council Parking Space surface shall not conceal or alter municipal infrastructure Retaining walls shall taper down flush with the sidewalk or curb Parking Spaces shall not adversely affect adjacent properties. Off-Street Parking Requirements . i