Flower's Cove, Newfoundland and Labrador
· adopted 2024-10-08
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TOWN OF FLOWER'S COVE
DEVELOPMENT REGULATIONS for 2016 to 2026
AMENDMENT No. 1, 2024
Method by which Council would give public notice of its intention to
consider an application for a change in a non-conforming use or when
the development proposed is listed as a ·discretionary use.
Adopted by Council on the 8th day of October 2024
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RESOLUTION TO ADOPT; CLERK'S & MCIP CERT/FICA TE
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Council of the
Town of Flower's Cove adopts Amendment Number 1, 2024, to the Development Regulations
for 2016 to 2026, so as to amend Regulation 32(1) by deletion of the existing text and
substitution of the following text in its place:
When a change in non conforming use is to be c_onsidered under Regulation 49, or when
the development proposed is listed as a discretionary use in Schedule C of the
Regulations, the Authority shall at the applicant's expense give written notice posted on
its website and social media and at the post office (if permissible) and the Town Office,
and by written notice to all persons whose land is in the immediate vicinity of the
location of the development, at least ten days prior to the date upon which Council will
consider the matter.
Resolved by the Council of the Town of Flower's Cove on the 8
111 day of October, 2024.
Signed and sealed this
, 2024.
Mayor:
(Council Seal)
MCIP Certificate
I certify that the attached Amendment Number 1, 2024 to the Development Regulations for 2016 to
2026 has been prepared in accordance with the requirements of the Urban and Rural Planning Act,
2000.
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TOWN OF FLOWER'S COVE
DEVELOPMENT REGULATIONS for 2016 to 2026
AMENDMENT No. 1, 2024
BACKGROUND AND POLICY ANALYSIS
The Council of the Town of Flower's Cove intends to amend the Development Regulations for
2016-2026.
The subject of the amendment is the method by which Council would give public notice of its
intention to consider an application for a change in a non-conforming use or when the development
proposed is listed as a discretionary use.
The existing requirement in the Development Regulations is that such notices must be given by way
of newspaper advertising in a local newspaper, at the expense of the applicant. In recent years, the
cost of newspaper advertising has risen to a point which-has become onerous and unreasonable for
many applicants to bear. Also, where only a weekly newspaper circulates in the area at this time,
there can be a delay of over a week between the date on which Council decides to initiate its notice
process and the actual appearance of the advertisement.
Moreover, Council now gives most of its civic notices to the public by posting notices on its
.Facebook social media page and at the notice boards at stores and the Town Office. In cases
involving land development, Council feels that it is also appropriate to give a written notice of the
proposed development to all persons whose land is in the immediate vicinity of the location of the
proposed development.
Consequently, Council is of the view that giving notices in the usual way plus notice to nearby
owners is sufficient to achieve adequate public notice of these matters.
This amendment to the Development Regulations does not require a concurrent amendment to the
Municipal Plan, as it is consistent with the requirements of Ministerial Development Regulations 15
concerning non-conforming uses and section 35(l)(h) of the Urban and Rural Planning Act 2000.
The proposed amendment is not unusual.
Council called for submissions from interested parties concerning the proposed amendment.
PUBLIC CONSULTATION
Council gave notice of their intention to make the said amendment by way of posting a notice on the
Town's Facebook page and the notice boards at stores and T~wn Office as is customary for public
municipal notices.
The notice invited representations from interested people and associations, to be considered before
making any decision to proceed. A notice period of at least three weeks was provided.
PROPOSED AMENDMENT No. 1, 2024
The existing text of Development Regulations #32(1) is deleted and the following substituted in its
place:
(1)
When a change in non conforming use is to be considered under Regulation 49, or when
the developm~rztproposed is listed as a discretionary use in Schedule C of the Regulations, the
Authority shall at the applicant's expense give written notice posted on its website and social
media and at the post office (if permissible) and the Town Office, and by written notice to all
persons whose land is in the immediate vicinity of the location of the development, at least ten
days prior to the date upon which Council will consider the matter.