Town of Flowers Cove Development Regulations 2016-2026 — full text

This is the exact embedded text of the captured official document. Snapshot a06af9214b59 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 air - TOWN OF FLOWERS COVE LAND USE ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS DEVELOPMENT REGULATIONS FOR 2016 - 2026 As approved by Council 6 June 2017 S Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 Page left blank to correspond to double sided printing Signed and sealed this day of June, 2017. Mayor: ouncil Seal) Town Manager/Clerk: - - a - - - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 Resolution to Adopt Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Council of the Town of Flowers Cove adopts the Development Regulations for 2016 to 2026. Resolved by the Town of Flowers Cove on the 9H-i day of May, 2017. Certificate of Town Manager/Clerk: Certified that the attached Development Regulations is a correct copy of the Development Regulations for 2016 to 2026, adopted by the Council of the Town of Flowers Cove, on the 9th day of May 2017. - a Town Manager/Clerk c:ef2:7-, - - a s Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 Blank page Signed and sealed this Mayor: day of June, 2017. Town Manager/Clerk: - - Town of Flowers Cove Development Regulations for 2016-2026 - As approved by Council 6 June 2017 Resolution to Approve 115 Under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Council of the Town of Flowers Cove approves the Development Regulations for 2016 to 2026. - Resolved by the Town of Flowers Cove on the 6th day of June, 2017. - s Certificate of Town Manager/Clerk: Certified that the attached Development Regulations is a correct copy of the Development Regulations for 2016 to 2026, approved by the Council of the Town of Flowers Cove on the 6th day of June, 2017. - - Town Manager/Clerk a a - s a - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 Blank page Member of the Canadian Institute of Planners: Jens sen,P.Eng.,MCIP Date: a a a 2017 al Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 CANADIAN INSTITUTE OF PLANNERS CERTIFICATION - I certify that the attached Development Regulations document has been prepared in accordance with the requirements of the Urban and Rural Planning Act, 2000. a a a a a a a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 Blank page - - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 TABLE OF CONTENTS - SECTION A Newfoundland Regulation 3/01, made by Minister of Municipal and Provincial Affairs,2 January, 2001 1 SECTION B - LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS a APPLICATION 1. Short Title 2. Interpretation 10 10 3. Commencement 10 4. Municipal Code and Regulations 11 5. Authority 11 PART I - GENERAL REGULATIONS 6. Compliance With Regulations 12 7. Permit Required; Enforcement 13 a 8. Permit to be Issued 13 9. Permit Not to be Issued in Certain Cases 14 a 10. Discretionary Powers of Authority 14 ii Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 11. Variances 15 12. Notice of Variance 15 13. Service Levy 15 14. Financial Guarantees by Developer 16 15. Dedication of Land for Public Use 17 16. Reinstatement of Land 17 17. Form of Application 17 18. Register of Application 18 19. Deferment of Application 18 20. Approval in Principle 18 21. Development Permit 18 22. Reasons for Refusing Permit 20 23. Notice of Right to Appeal 20 24. Appeal Requirements 20 25. Appeal Registration 21 26. Development Prohibited 21 27. Appeal Board 22 28. Appeals 22 29. Hearing Notice and Meetings 23 30. Hearing of Evidence 24 31. Return of Appeal Fee 24 32. Notice of Application 24 33. Right of Entry 25 34. Record of Violations 25 35. Stop Work Order and Prosecution 25 36 Delegation of Powers 25 iii - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 PART II - GENERAL DEVELOPMENT STANDARDS 37. Accesses and Streets 38. Accessory Buildings 26 26 39. Advertisements 26 s 40. Buffer Strips 26 41. Building Height 27 42. Building Line and Setback 27 411 43. Family and Group Care Centres 27 44. Height Exceptions 27 - 45. Livestock Structures and Uses 28 46. Archaeological Sites 28 - 47. Lot Area and Size Exceptions 29 48. Lot Frontage 29 s 49. Non-Conforming Use 29 50. Offensive and Dangerous Uses 31 - 51. Hazards to Building 31 52. Off-Street Parking and Loading Requirements 32 - 53. Parks and Playgrounds, and Conservation Uses 34 54. Screening and Landscaping 34 55. Services and Public Utilities 34 56. Service Stations 35 57. Side Yards 35 58. Removal of Quarry Materials 35 - 59. Subsidiary Apartments 36 60. Unsubdivided Land 36 61. Zero Lot Line and Other Comprehensive Development; Flag Lots 36 is iv Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 PART III - ADVERTISEMENTS 62. Permit Required 38 63. Form of Application 38 64. Advertisements Prohibited in Street Reservation 38 65. Permit Valid for Limited Period 38 66. Removal of Advertisements 38 67. Advertisements Exempt from Control 38 68. Approval Subject to Conditions 39 69. Non-Conforming Uses 39 PART IV - SUBDIVISION OF LAND 70. Permit Required 40 71. Services to be Provided 40 72. Payment of Service Levies and Other Charges 40 73. Issue of Permit Subject to Considerations 40 74. Building Permits Required 41 75. Form of Application 41 76. Subdivision Subject to Zoning 41 77. Building Lines 42 78. Land for Public Open Space 42 79. Structure in Street Reservation 43 80. Subdivision Design Standards 43 81. Engineer to Design Works and Certify Construction Layout 45 82. Developer to Pay Engineer's Fees and Charges 45 83. Street Works May Be Deferred 46 84. Transfer of Streets and Utilities to Authority 46 85. Restriction on Sale of Lots 47 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 86. Grouping of Buildings and Landscaping 47 PART V - USE ZONES 87. Use Zones 48 88. Use Groups, Divisions and Classes 48 89. Permitted Uses 48 90. Discretionary Uses 49 91. Uses Not Permitted 49 a SCHEDULE S a SCHEDULE A: Definitions 50 SCHEDULE B: Classification of Uses of Land and Buildings 62 - SCHEDULE C: Use Zone Tables 68 SCHEDULE D: Off-Street Parking Requirements 77 a SCHEDULE E: Land Use Zoning Map 1 bound at rear of document SCHEDULE F: Land Use Zoning Maps 2 and 3 in map pockets at rear of document a a a a a a a vi - a a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 Blank page vii a a a a a a a a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 SECTION A NEWFOUNDLAND REGULATION 3/01 Development Regulations under the Urban and Rural Planning Act, 2000 (Filed January 2, 2001) Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the following regulations. Dated at St. John"s, January 2, 2001. Joan Marie Aylward Minister of Municipal and Provincial Affairs REGULATIONS Analysis 1. Shirt title 2. Definitions 3. ion. 4. Interpretation 5. Notice of right to appeal 6. Appeal requi cem 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 end hearings on change of use 16. Non--- conformancewith standards 17. Discontinuance of: non-conforming use a 1 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 1:8. Delegation of powers 19. Commencement Short title 1. These regulations may be cited as the Development Regulations for the Flowers Cove Inuit Community Government.. Definitions 2. 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. Application 3. (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. Interpretation 4. (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, pedes- trians or animals in order to go from a street to adjacent or nearby land 2 a - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 or to go from that land to the street; (b) "accessory building" includes a (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, a swimming pools, greenhouses, cold frames, fuel sheds, vegetables stor- age cellars, shelters for domestic pets or radio and television anten- nae, a (iii) for commercial uses, workshops or garages, and (iv) for industrial uses, garages, offices, raised ramps and docks; a (c) "accessory use" means a use that is subsidiary to a permitted or discretionary use and that is customarily expected to occur with the permitted or discretionary use; (d) "building height" means the vertical distance, measured in metres a from the established grade to the (i) highest point of the roof surface of a flat roof, a (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; a (e) "building line" means a line established by an authority that runs parallel to a street line and is set at the closest point to a street that a building may be placed; (f) "discretionary use" means a use that is listed within the discretion- ary uses established in the use zone tables of an authority' s development regulations; a (g) "established grade" means, (i) where used in reference to a building, the average elevation of a 3 a a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 the finished surface of the ground where it meets the exterior or the front of that building exclusive of any artificial embankment or en- trenchment, 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 meas- ured 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; (1) "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 uses set out in the use zone tables of an authority' s development regulations; (p) "prohibited use" means a use that is not listed in a use zone within the permitted uses or discretionary uses or a use that an authority specifies as not permitted within a use zone; (q) "sign" means a word, letter, model, placard, board, device or repre- sentation, whether illuminated or not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement or direction 4 a a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 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; (r) "rear yard depth" means the distance between the rear lot line and the rear wall of the main building on a lot; (s) "side yard depth" means the distance between the side lot line and the nearest side wall of a building on the lot; a (t) "street" means a street, road, highway or other way designed for the passage of vehicles and pedestrians and which is accessible by fire de- partment and other emergency vehicles; a (u) "street line" means the edge of a street reservation as defined by the authority having jurisdiction; a (v) "use" means a building or activity situated on a lot or a development permitted on a lot; a (w) "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; a (x) "variance" means a departure, to a maximum of 10% from the yard, area, lot coverage, setback, size, height, frontage or any other numeric re- a quirement of the applicable Use Zone Table of the authority"s regula- tions; and (y) "zoning map" means the map or maps attached to and forming a part of the authority"s regulations. a (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. a Notice of right to appeal a 5. 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, a notify the person to whom the decision applies of the (a) person's right to appeal the decision to the board; a 5 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 (b) time by which an appeal is to be made; (c) right of other interested persons to appeal the decision; and (d) manner of making an appeal and the address for the filing of the appeal. Appeal requirements 6. (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., A1B 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. Appeal registration 7. (1) Upon receipt of an appeal and fee as required under the Act and these regulations, the secretary of the board as referred to in subsections 6(1) and (2), shall immediately register the appeal. (2) Where an appeal has been registered the secretary of the board shall notify the appropriate authority of the appeal and shall provide to the authority a copy of the appeal and the documentation related to the appeal. (3) Where an authority has been notified of an appeal that authority shall 6 a - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 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 a interested persons of whom the authority has knowledge. (4) Upon receipt of the information under subsection (3), the secretary of the a 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. Development prohibited a 8. (1) Immediately upon notice of the registration of an appeal the appropriate authority shall ensure that any development upon the property that is the a subject of the appeal ceases. (2) Sections 102 and 104 of the Act apply to an authority acting under subsection a ( 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. Hearing notice and meetings 9. (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. Hearing of evidence 10. (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 a 7 a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 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. Board decision 11. A decision of the board must comply with the plan, scheme or development regulations that apply to the matter that has been appealed to that board. Variances 12. (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 appli- cable development standards to a maximum of 10% if, in the authority''s opinion, compliance with the development standards would prejudice the proper development of the land, building or structure in question or would be contrary to public interest. (2) An authority shall not allow a variance from development standards set out in development regulations if that variance, when considered together with other variances made or to be made with respect to the same land, building or struc- ture, would have a cumulative effect that is greater than a 10% variance even though the individual variances are separately no more than 10%. (3) An authority shall not permit a variance from development standards where the proposed development would increase the non conformity of an existing de- velopment. Notice of variance 13. Where an authority is to consider a proposed variance, that authority shall give written notice of the proposed variance from development standards to all persons whose land is in the immediate vicinity of the land that is the subject of the variance. 11, - s s - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 Residential non conformity 14. 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 ac- cordance with the plan and development regulations applicable to that building or structure. Notice and hearings on change of use 15. 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 adver- tisement. Non-conformance with standards 16. Where a building, structure or development does not meet the development standards included in development regulations, the building, structure or de- velopment shall not be expanded if the expansion would increase the non-con- formity and an expansion must comply with the development standards applicable to that building, structure or development. Discontinuance of non-conforming use 17. 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. Delegation of powers 18. 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. Commencement s 19. These regulations shall be considered to have come into force on January 1, - 2001. ©Earl G. Tucker, Queen's Printer 9 s s Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 SECTION B LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS (DEVELOPMENT REGULATIONS) APPLICATION 1. Short Title These Regulations may be cited as the Flowers Cove Development Regula- tions. 2. Interpretation (1) Words and phrases used in these Regulations shall have the mean- ings ascribed to them in Schedule A. (2) Words and phrases not defined in Schedule A shall have the mean- ings 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 Flowers Cove 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 Labra- dor Gazette. This document and the maps contained within it form the Development Regulations for the period 2016 to 2026 for the Flowers Cove. Upon completion by the Town of Flowers Cove of the required steps to bring it into legal effect, these become the first Development Regula- tions of the Town of Flowers Cove. 10 - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 4. Municipal Code and Regulations 4IP The Building Code including the Plumbing Code, the Fire Code, the Elec- trical Code, and any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or any other municipal regulations regu- lating or controlling the development, conservation and use of land in a force, shall, under these Regulations, apply to the entire jurisdiction of the Flowers Cove Planning Area. 5. Authority In these Regulations, "Authority" means the Council of the Town of Flow- ers Cove. a a a a a a 11 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 PART I - GENERAL REGULATIONS 6. Compliance With Regulations (1) No development shall be carried out within the Flowers Cove Plan- ning Area except in accordance with these Regulations, unless expressly exempted. (2) The Development Regulations is a legal document, binding upon Coun- cil and any person or group using or proposing to use land anywhere within the Flowers Cove Planning Area. (3) The Water Resources Act, 2000, provides for regulation of numerous aspects of management of water resources in the province. Administra- tion of the regulations under the Act is by the Water Resources Manage- ment Division of the Department of the Environment. All development ap- plications concerning the following topics may require approval under the Act in addition to approval by the Authority under these Development Regulations: a) Development within 15 metres of a waterbody or watercourse if in a Crown land reservation; b) Discharge of any effluent off the subject property; c) Work in any body of water; d) Infilling of water bodies or diversion of streams (usually not ap- provable if for residential development; e) Construction of wharves, breakwaters, slipways and boathouses: permits not needed but the guidelines of that title must be fol- lowed; f) Infilling or dredging associated with marine structures or other works; and, g) Any development in the French Islands Protected Public Water Sup- ply Area. (4) Constructing a development may require permits and/or approvals in addition to approval pursuant to the Urban and Rural Planning Act, 2000, or the Water Resources Act, 2000. Proponents are advised to consult the 12 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 appropriate Government Service Centre to determine requirements. 7. Permit Required; Enforcement No person shall carry out any development within the Planning Area ex- cept where otherwise provided in these Regulations unless a permit for the development has been issued by the Authority. Where a person has undertaken or commenced a building or other develop- ment contrary to the Municipal Plan or Development Regulations, the Au- thority may, if the Authority considers it necessary, make an order or orders pursuant to Section 102 of the Urban and Rural Planning Act, 2000, to that person to pull down, remove, stop construction, fill in, or destroy that building or development and may order that the person restore the site or area to its original state. 8. Permit to be Issued Subject to Regulations 9 and 10, a permit shall be issued for develop- ment within the Planning Area that conforms to: (a) the general development standards set out in Part II of these Reg- ulations, the requirements of Part V of these Regulations, and the uses, standards, requirements, and conditions prescribed in Sched- ule C of these Regulations for the use zone in which the proposed development is located; (b) the standards set out in the Building Code and/or other ancillary codes, and any Building Regulations, Waste Disposal Regulations, and/or any other municipal regulation in force in the Planning Area regulating or controlling development, conservation and use of land and buildings; (c) the standards set out in Part III of these Regulations in the case of advertisements; (d) the standards set out in Part IV of these Regulations in the case of subdivisions; (e) the standards of design and appearance established by the Author- ity. 13 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 9. Permit Not to be Issued in Certain Cases Neither a permit nor approval ment within the Planning Area is premature by reason of the drainage, sanitary facilities, the natural development of the the applicant contracts to pay vices deemed necessary by the shall be issued for develop- opinion of the Authority, it site lacking adequate road access, power, or domestic water supply, or being beyond area at the time of application unless the full cost of construction of the ser- Authority and such cost shall attach to in principle when, in the and upon the property in respect of which it is imposed. Where a Crown Lands grant is required to enable a development, Council shall review the policies of the Municipal Plan and the Development Reg- ulations in the course of considering the Municipal Recommendation form and shall not recommend the grant where they are not satisfied. Where a variance or discretionary approval or other approval pursuant to the Ur- ban and Rural Planning Act, 2000, is required, such matters shall be considered and disposed satisfactorily before the grant is recommended. 10. Discretionary Powers of Authority (1) In considering an application for a permit or approval in princi- ple to carry out development, the Authority shall take into ac- count the policies expressed in the Development Regulations and any further scheme, plan or regulations pursuant thereto, and shall assess the general appearance of the development of the area, the amenity of the surroundings, availability of utilities, public safety and convenience, and any other considerations which are, in its opinion, material, and notwithstanding the conformity of the application with the requirements of these Regulations, the Authority may, in its discretion, and as a result of its consider- ation of the matters set out in this Regulation, conditionally ap- prove 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 14 a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 11P 11. Variances (Refer to Minister's Development Regulations, Section 12, Janu- ary 2, 2001) (1) Where an approval or permit cannot be given by the Authority be- cause 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 stand- ards set out in development regulations if that variance, when considered together with other variances made or to be made with a respect to the same land, building or structure, would have a cu- mulative 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 stand- ards where the proposed development would increase the non con- formity of an existing development. a 12. Notice of Variance (Refer to Minister's Development Regulations, Section 13., January 2, 2001) 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, at least ten days prior to the date upon which Council will consider the matter. 13. Service Levy a (1) The Authority may require a developer to pay a service levy where development is made possible or where the density of potential de- a velopment is increased, or where the value of property is enhanced by the carrying out of public works either on or off the site of a the development. 15 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 (2) A service levy shall not exceed the cost, or estimated cost, in- cluding finance charges to the Authority of constructing or im- proving 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 per- mitted on that real property. (3) A service levy shall be assessed on the real property based on: (a) the amount of real property benefited by the public works related to all the real property so benefited; and, (b) the density of development made capable or increased by the public work. (4) 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 develop- ment to make such financial provisions and/or enter into such agreements as may be required to guarantee the payment of service levies, ensure site reinstatement, and to enforce the carrying out of any other condition attached to a permit or licence. (2) The financial provisions pursuant to Regulation 14(1) may be made in the form of: (a) a cash deposit from the developer, to be held by the Author- ity, 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; 16 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 (d) an annual contribution to a sinking fund held by the Author- ity, 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 provi- sions of the Act. MI 16. Reinstatement of Land Where the use of land is discontinued or the intensity of its use is de- creased, 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 excava- tions, 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 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, speci- AN fications and drawings as the Authority may require, and be accom- panied by the permit fee required by the Authority. (2) The Authority shall supply to every applicant a copy of the appli- cation 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 applica- ble to the application. s 17 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 18. Register of Application The Authority shall keep a public register of all applications for de- velopment, 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) The Authority may, with the written agreement of the applicant, defer consideration of an application. (2) Applications properly submitted in accordance with these Regula- tions which have not been determined by the Authority and on which a decision has not been communicated to the applicant within eight weeks of the receipt thereof by the Authority, and on which con- sideration has not been deferred in accordance with Regulation 18(1), shall be deemed to be refused. 20. Approval in Principle (1) The Authority may grant approval in principle for the erection, alteration or conversion of a building if, after considering an application for approval in principle made under these Regula- tions, it is satisfied that the proposed development is, subject to the approval of detailed plans, in compliance with these Regu- lations. (2) Where approval in principle is granted under this Regulation, it shall be subject to the subsequent approval by the Authority of such details as may be listed in the approval in principle, which shall also specify that further application for approval of these details shall be received not later than two years from the grant of approval in principle. 21. Development Permit (1) A plan or drawing which has been approved by the Authority and which bears a mark and/or signature indicating such approval to- gether with a permit shall be deemed to be permission to develop land in accordance with these Regulations but such permission shall not relieve the applicant from full responsibility for ob- taining permits or approvals under any other regulation or statute 18 - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 prior to commencing the development; from having the work carried out in accordance with these Regulations or any other regulations or statutes; and from compliance with all conditions imposed thereunder. (2) The Authority may attach to a permit or to approval in principle such conditions as it deems fit in order to ensure that the pro- posed development will be in accordance with the purposes and in- tent of these Regulations. a (3) Where the Authority deems necessary, permits may be issued on a temporary basis for a period not exceeding two years, which may be - extended in writing by the Authority for further periods not ex- ceeding two years. (4) A permit is valid for such period, not in excess of two years, as may be stated therein, and if the development has not commenced, the permit may be renewed for a further period not in excess of a one year, but a permit shall not be renewed more than once, except in the case of a permit for an advertisement, which may be renewed a in accordance with Part III of these Regulations. (5) The approval of any application and plans or drawings or the issue of a permit shall not prevent the Authority from thereafter re- quiring the correction of errors, or from ordering the cessation, removal of, or remedial work on any development being carried out a in the event that the same is in violation of this or any other regulations or statute. la (6) The Authority may revoke a permit for failure by the holder of it to comply with these Regulations or any condition attached to the permit or where the permit was issued in error or was issued on the basis of incorrect information. (7) No person shall erase, alter or modify any drawing or specifica- tions upon which a permit to develop has been issued by the Au- thority. (8) There shall be kept available on the premises where any work, mat- ter or thing in being done for which a permit has been issued, a copy of the permit and any plans, drawings or specifications on 19 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 which the issue of the permit was based during the whole progress of the work, or the doing of the matter or thing until completion. 22. Reasons for Refusing Permit The Authority shall, when refusing to issue a permit or attaching condi- tions to a permit, state the reasons for so doing. 23. Notice of Right to Appeal (Refer to Minister's Development Regulations, Section 5, January 2, 2001) 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 ap- peal. 24. Appeal Requirements ( Refer to Minister's Development Regulations, Sec- tion 6, January 2, 2001) (1) The secretary of the Appeal Board at the Department of Municipal and Provincial Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., A1B 4J6 is the secretary to all 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 appro- priate 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 20 41 - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 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. 25. Appeal Registration (Refer to Minister's Development Regulations, Section 7, January 2, 2001) (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 re- lated 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 correspond- ence, council minutes, plans and other relevant information relat- ing to the appeal including the names and addresses of the appli- cant and other interested persons of whom the Authority has knowledge. (4) Upon receipt of the information under subsection (3), the secre- tary 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 (Refer to Minister's Development Regulations, Section 8, January 2, 2001) (1) Immediately upon notice of the registration of an appeal the Au- thority shall ensure that any development upon the property that is the subject of the appeal ceases. 21 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 (2) Sections 102 and 104 of the Act apply to the Authority acting un- der 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 Author- ity shall not carry out work related to the 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 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 Ap- peal 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 devel- opment; (c) the issuance of a stop work order; and (d) a decision permitted under the Act or another Act to be ap- pealed to the board. 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; (I) 22 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 (b) the grounds for the appeal; and (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 ap- peal in the manner it considers necessary to reach a decision. ie (8) An Appeal Board shall consider and determine appeals in accordance with the Act and the municipal plan, scheme and regulations that have been registered under section 24, of the Act, and having re- gard 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 neces- sary 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 an- other decision that overrules the discretionary decision. (12) The decision of a majority of the members of an Appeal Board pre- sent at the hearing of an appeal shall be the decision of the Ap- peal Board. (13) An Appeal Board shall, in writing notify the appellant and the ap- propriate Authority of the decision of the Appeal Board. 29. Hearing Notice and Meetings (Refer to Minister's Development Regula- tions, Section 9, January 2, 2001) (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 23 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 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 (Refer to Minister's Development Regulations, Sec- tion 10, January 2, 2001) (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 Ap- peal Board and make representations with respect to the matter be- ing 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 re- specting a visit to and viewing of a property shall be considered to have been provided in the same manner as evidence directly pro- vided 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 by the Authority. 32. Notice of Application (1) When a change in non conforming use is to be considered under Reg- ulation 49, or when the development proposed is listed as a dis- cretionary use in Schedule C of the Regulations, the Authority shall, at the expense of the applicant, give notice of an applica- tion for a permit or for approval in principle, by public adver- tisement in a newspaper circulating in the area, at least ten days prior to the date upon which Council will consider the matter. (2) When a variance is necessary under Regulation 11, and the Author- ity wishes to consider whether to authorize such a variance from 24 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 development standards, the Authority the proposed variance to all persons ate vicinity of the land that is the least ten days prior to the date the matter. 33. Right of Entry shall give written notice of whose land is in the immedi- subject of the variance, at upon which Council will consider VI 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 develop- ment, 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 regula- tions which comes to his knowledge and report that violation to the Au- thority. 35. Stop Work Order and Prosecution (1) Where a person begins a development contrary or apparently con- trary to these Regulations, the Authority may order that person to stop the development or work connected therewith pending final ad- judication in any prosecution arising out of the development. (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 (Refer to Minister's Development Regulations, Sec- tion 18, January 2, 2001) An Authority shall, where designating employees to whom a power is to be delegated under subsection 109(2) of the Act, make that designation in writing. a. 25 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 PART II - GENERAL DEVELOPMENT STANDARDS 37. Accesses and Streets (1) A new street may not be constructed except in accordance with and to the design and specifications laid down by the Authority. (2) 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. (3) 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 III of these Regulations. 40. Buffer Strips Where any industrial group development is permitted in the Mixed Devel- opment Zone and has a floor area exceeding 100 square metres, the owner of the site of the industrial development shall provide a buffer strip not less than ten (10) metres wide between the boundary of any residen- tial use and the industrial building(s). The buffer shall include the 26 - - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 provision of such natural or structural barrier or fence as may be re- quired 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 410 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 set- back calculated as described in (1) above plus 6 metres. 42. Building Line and Setback The Authority, by resolution, may establish building lines on an exist- ing or proposed street or service street and may require any new build- ings 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 to accommodate the number of persons living in the group, inclusive of staff, provided that in the opinion of the Au- thority, 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 occu- pancy 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, flag- poles, water towers, spires, belfries, or chimneys, but any such waiver which results in an increase of more than 10% of the permitted height of 27 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 the structure shall only be authorized under the provisions of Regula- tion 11 and with notice given under the provisions of Regulation 12 and 32. 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 require- ments: (a) The structure shall be at least 600 m from a residence, (ex- cept a farm residence or a residence which is a non-conform- ing use in any zone in which agriculture is a permitted use class in the Use Zone Tables in Schedule C of these Regula- tions), and, from an area designated Mixed Development (MD) on the Land Use Zoning Maps, and, from a Provincial or Fed- eral 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 De- partment of Forestry & Agriculture and the Department of En- vironment & Lands. (2) No development for residential use shall be permitted within 600 m of a lawfully existing structure designed to contain more than five animal units unless the development is first approved by the Department of Forest, Resources and Agrifoods. 46. Archaeological Sites Any proposal or application that requires ground disturbance must be re- ferred to the Provincial Archaeology Office for assessment. Further, should any artifacts be discovered, work is to stop and the site is to be secured until the assessment has been conducted and the Authority has determined what, if any, work may resume and under what conditions. 28 40 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 47. Lot Area and Size Exceptions (1) No lot shall be reduced in area, either by the conveyance or aliena- tion 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 re- served 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 comput- ing the area thereof available for building purposes. (3) 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 Author- ity 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 Sched- ule 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 (Refer to Minister's Development Regulations, Section 14, 15, 16, 17, January 2, 2001) (1) Notwithstanding the Municipal Plan, scheme or regulations made un- der this Urban and Rural Planning Act, 2001, the Authority shall, in accordance with regulations made under this Act, allow a devel- opment or use of land to continue in a manner that does not con- form with a regulation, scheme, or plan that applies to that land provided that the non-conforming use legally existed before the 41, 4e, 49 NI 29 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 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 3 years after the dis- continuance of that use. (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 reg- ulations 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 ex- panded if the expansion would increase the non-conformity and an expansion must comply with the development standards applicable to that building, structure or development; (g) where the building or structure is primarily zoned and used for residential purposes, it may, in accordance with the mu- nicipal plan and regulations, be repaired or rebuilt where 50% or more of the value of that building or structure is destroyed but the residential building or structure, where being repaired or rebuilt, must be repaired or rebuilt in 30 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 accordance with the plan and development regulations appli- cable to that building or structure. (4) Before making a decision to vary an existing use of a non-conform- ing building, structure or development, the Authority, at the ap- plicant's expense, shall publish a notice in a newspaper circulat- ing in the area or by other means give public notice, at least ten days prior to the date upon which Council will consider the mat- ter, of an application to vary the existing use of a non-conform- ing building, structure or development and shall consider any rep- resentations or submissions received in response to that adver- tisement. 50. 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 nox- ious, 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. Hazards to Building 1) Any proposal for the erection of a structure on a site which is poten- tially subject to flooding, sea level rise, coastal erosion or any other physical hazard near watercourses and the sea, must be certified by a professional engineer to ensure that development of the site can take place without danger to health or safety, within a one hundred year time horizon; 2) All development must be above the current 2 metre contour, and set back at least 30 metres from the seashore to provide a buffer against coastal erosion and sea level rise, except that the following may be approved at Council's discretion: a structures or land uses requiring direct access to salt water, including wharves, breakwaters, slipways and boathouses, and if a approved to be in accordance with the Department of the Environ- ment's Guidelines for the Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses; a - a a a a a a IN a 31 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 b. public works and utilities; c. municipal park; d. mineral exploration. 3) Any proposal for development of a site having a slope in excess of 15 must be certified by a professional engineer as having low risk of land- slide, avalanche, and rockfall. 52. Off-Street Parking and Loading Requirements 1) Off-street Parking a) For every building, structure or use to be erected, enlarged or es- tablished, 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-vehi- cles associated with that building, structure or use. b) The number of parking spaces to be provided for any building, struc- ture, use of occupancy shall conform to the standards set out in Schedule D of these Regulations. c) Each parking space, except in the case of one or two-family dwell- ings, shall be made accessible by means of a durably 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 pro- vided within the limits of the zone in which the use is situated and not more than 200 m distant from the use concerned. d) 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. e) Where, in these Regulations, parking facilities for more than four vehicles are required or permitted: i. parking space shall mean an area of land, not less than 3 m wide by 6 m long, capable of being used for the parking of a vehicle without the need to move other vehicles on adjacent 32 a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 areas, and the lanes or aisles in a parking area which give access to parking spaces shall be at least 6 m wide; ii. the parking area shall be constructed and maintained to the - specifications of the Authority; iii. the lights used for illumination of the parking area shall a be so arranged as to divert the light away from adjacent de- velopment; iv. a structure, not more than 3 m in height and more than 5 m 2 in area may be erected in the parking area for the use of attendants in the area; a v except in zones in which a service station is a permitted use, no gasoline pump or other service station equipment a shall be located or maintained on a parking area; vi. no part of any off-street parking area shall be closer than a 1.5 m to the front lot line in any zone; vii. access to parking areas in non-residential zones shall not be by way of residential zones; a viii. where a parking area is in or abuts a residential zone, a natural or structural barrier at least 1 m in height shall a be erected and maintained along all lot lines; ix. where, in the opinion of the Authority, strict application of the above parking requirements is impractical or undesir- able, the Authority may as a condition of a permit require the developer to pay a service levy in accordance with these AO Regulations in lieu of the provision of a parking area, and the full amount of the levy charged shall be used by the Au- thority for the provision and upkeep of alternative parking facilities within the general vicinity of the development. 2) Loading Spaces a a) For every building, structure or use to be erected, enlarged or es- tablished 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 a 33 a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 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. b) The number of loading spaces to be provided shall be determined by the Authority. c) The loading facilities required by this Regulation shall be so ar- ranged 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 conserva- tion areas or the establishment of parks and playgrounds in any zones provided that such parks and playgrounds are not located in areas which may be hazardous to their use and are not operated for commercial pur- poses. 54. 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 appli- cation giving details of the landscaping or screening, and these Regula- tions shall then apply to that application. The provision of adequate and suitable landscaping or screening may be made a condition of any de- velopment permit where, in the opinion of the Authority, the landscaping or screening is desirable to preserve amenity, or protect the environ- ment. 55. 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, ad- equate to protect the character and appearance of the area. 34 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 Utility pole lines shall be located at the rear of lot lines where fea- sible. 56. 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. 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. Removal of Quarry Materials - Quarry materials produced as a by-product of an approved development may be removed from the development site provided that royalties are paid to the province as required by the Quarry Materials Act, 1998. Materials removed for site preparation to construct a building, including topsoil, overburden, and rock may be retained or re-used on the development site (no royalties due) or removed from the site (royalties due). Quarry ma- terials include but are not limited to aggregate, fill, rock, stone, gravel, sand, clay, borrow material, topsoil, overburden, subsoil, peat. In order to ensure that royalties due to the province are paid, the Au- thority will notify the Department of Natural Resources where the Au- 0 thority becomes aware that removal of quarry materials is taking place or may take place. - 35 - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 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; Flag Lots (1)The Authority may, at its discretion, approve the erection of structures which are designed to form part of a zero lot line develop- ment 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 any dwellings are designed to provide both privacy and reasonable access to natural daylight and that the overall density within the layout conforms to the regulations and standards set out in the Use Zone Table where the layout adjoins other development. (2) Development on a flag lot is permitted provided that the require- ment in the Use Zone in which it is located for lot area is satisfied in the main body of the flag lot, and that the minimum interior dimension of the main body of the flag lot is at least the minimum frontage re- quired. The location of a main or accessory building on a flag lot shall provide for yards in the main body of the lot of at least the dimensional mini- mum requirements of the building line setback, sideyard widths, and rearyard depths ordinarily required in the subject Use Zone, as if the main body of the flag lot were an ordinary lot where most or the whole width of the lot abuts the street. Whereas the ordinary meanings of side, front and rear yards are not relevant to a flag lot, any yard in a flag lot can be deemed the front, side or rear yard for this purpose. In a flag lot, the minimum width of the leg or prolongation which pro- vides access to a street shall be 5 metres at every point along its 36 4P 4,0 - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 length, including the lot boundary where the flag lot fronts directly on a street. Where the full 5 metre leg width cannot be provided in the area of the leg of the flag lot, by reason of limited space between lot lines and existing structures or other physical features, all or part of the required leg width may be provided in the form of a perpetual li- cense or easement in favour of the flag lot, across the abutting land. IP The said license or easement shall not be deemed for the purpose of Sec- tion 46 this Development Regulation to be an alienation or conveyance having the effect of reducing the lot area of the abutting lot. The leg width, including any part of it which may be provided in the form of the said license or easement, may be reduced as a variance pursuant to the provisions for variances in these Development Regulations. The re- quirement of Regulation 48 shall apply to flag lots, in that the leg or prolongation, including any part of it which may be provided in the form of the said license or easement, shall abut directly upon a street. 37 40 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 PART III - 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 adver- tisement is first obtained from the Authority. Permits for erection or display of advertisement on Provincial Highways shall be obtained from the appropriate 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 peri- ods. 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, illumi- nation, or structural condition, or; (b) detrimental to the amenities of the surrounding area. 67. Advertisements Exempt from Control The following advertisements may be erected or displayed in the Planning Area without application to the Authority: (a) on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m7 in area; (b) on an agricultural holding or farm, a notice board not exceeding 1 38 a - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 m 2 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 2 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 2 in area relating to the operation conducted on the land; (e) on land used for professional practice(s), one nameplate not ex- ceeding 0.2 m 2 in area in connection with the practice of a pro- fessional person carried on at that lot; (f) on any site occupied by a church, school, library, art gallery, a museum, institution or cemetery, one notice board not exceeding 1 m 2 in area; a (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 2 in size, identifying the parking lot. 68. Approval Subject to Conditions a A permit may only be issued for the erection or display of advertise- ments which comply with the appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these Regulations. All 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 de- velopment was in a Use Zone appropriate to its use, and subject to any other conditions deemed appropriate by the Authority. 39 a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 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 un- less 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 sys- tem. 72. Payment of Service Levies and Other Charges No permit shall be issued for the development of a subdivision un- til 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, ser- vices, and utilities; (c) the provisions of the Plan and Regulations affecting the site; (d) the land use, physical form and size of buildings anticipated to be developed on the new lots and the character of adjacent 40 al Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 developments related the same factors; (e) the transportation network and traffic densities affecting the site; (f) the relationship of the project to existing or potential sources of nuisance; a (g) topography, soil and subsoil characteristics of each lot, and the related difficulty or cost of landscaping and access; (h) the drainage of the site and potential for affecting drainage of adjacent land; gal (i) natural features such as lakes, streams, topsoil, trees and shrubs; - (j) prevailing winds; (k) visual quality; a (1) community facilities; (m) energy conservation; a (n) such other matters as may affect the proposed development. 74. Building Permits Required a Notwithstanding the approval of a subdivision by the Authority, a separate building permit shall be obtained for each building pro- posed to be erected in the area of the subdivision, and no building s permit for any building in the area shall be issued until the de- veloper has complied with all the provisions of these Regulations with respect to the development of the subdivision. 75. Form of Application a 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. r 41 s Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 77. Building Lines The Authority may establish building lines for any subdivision street and require any new building to be located on such building lines. 78. Land for Public Open Space (1) Before a development commences, the developer shall, if re- quired, dedicate to the Authority, at no cost to the Author- ity, 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 per- centage 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 un- der 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 other- wise be required to be dedicated; (e) money received by the Authority in accordance with Reg- ulation 78(1)(d) above, shall be reserved by the Au- thority for the purpose of the acquisition or develop- ment of land for public open space or other public pur- pose. (2) Land dedicated for public use in accordance with this Regula- tion shall be conveyed to the Authority and may be sold or 42 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 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 Regu- lation 78(1). a 79. Structure in Street Reservation - The placing within any street reservation of any structure (for ex- ample, a hydro pole, telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the prior approval a 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. a 80. Subdivision Design Standards - No permit shall be issued for the development of a subdivision un- der 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 AD diameter of not less than 30 m. (c) The maximum length of any cul de sac shall be 500m. 40 (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 a with an adjacent street. (e) No cul de sac shall be located so as to appear to terminate a collector street. - - 43 a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 (f) New subdivisions shall have street connections with an exist- ing street or streets. (g) All street intersections shall be constructed within 5 de- grees 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 intersec- tion. (j) No residential street block shall be longer than 500 m be- tween street intersections. (k) Streets in 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 Reserva- tion Pavement Width Sidewalk Width Sidewalk Number Arterial Streets (extensions of the Viking Trail or streets of that ge- ometric design and function) 30 m 15 m 1.5 m Both sides Local Streets: 15 m 9 m 1.5 m One side Service Streets 15 m 9 m 1.5 m discre- tion of Coun- cil (1) A lot to be created for an existing cemetery use may be of any size and the requirements for access to a public street and for dedication for public open space shall be waived. (m) Residential lots shall not be permitted which abut a local 44 - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 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 subdi- vision is developed. (o) Land shall not be subdivided in such a manner as to prejudice the development of adjoining land, and each lot shall be laid out so as to maximize the usefulness of the land to the eventual occu- pant, with regard to positioning of buildings, driveways, and out- - door storage and activity areas. 81. Engineer to Design Works and Certify Construction Layout NI (1) Plans and specifications for all water mains, hydrants, sani- tary 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 de- - signed and prepared by or approved by the Engineer. Such de- signs and specifications shall, upon approval by the Author- a ity, be incorporated in the plan of subdivision. (2) Upon approval by the Authority of the proposed subdivision, the En- a gineer shall certify all work of construction layout prelimi- nary to the construction of the works and thereupon the de- veloper shall proceed to the construction and installation, a at his own cost and in accordance with the approved designs and specifications and the construction layout certified by s 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 a 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 45 a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 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 Au- thority shall call for tenders for the work of construction and in- stallation of the works, and the amount so deposited by the devel- oper shall be applied towards payment of the contract cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the amount of the excess. If the contract price is less than the deposit, the Authority shall refund the amount by which the deposit exceeds the contract price. Any amount so deposited with the Authority by the developer shall be placed in a separate savings account in a bank and all interest earned thereon shall be credited to the developer. 84. Transfer of Streets and Utilities to Authority (1) The developer shall, following the approval of the subdivi- sion 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 sub- divided which are approved and designated by the Au- thority 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 46 MP Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 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 110 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. OP 85. Restriction on Sale of Lots The developer shall not develop or dispose of any lot within a sub- division for the purposes of development and no building permit shall be issued until the Authority is satisfied that: a (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. a 86. Grouping of Buildings and Landscaping (1) Each plan of subdivision shall make provision for the group- ing of building types and for landscaping in order to enhance the visual aspects of the completed development and to make a 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 ap- proval of the Authority. a11. 47 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 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 uses, discretionary uses, standards, requirements and conditions applicable to each Use Zone are set out in the Use Zone Tables in Schedule C of these Regula- tions. (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 condi- tions which shall apply. 88. Use Groups, Divisions and Classes The specific uses to be included in each Use Group, Division and Class set out in the Use Zone Tables in Schedule C shall be determined by the Au- thority in accordance with the classification and examples set out in Schedule B. 89. Permitted Uses (1) Subject to these Regulations, the uses that fall within the Permit- ted Use Groups, Divisions and Classes set out in the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that Use Zone. (2) Where the permitted use is expressed by the title of a "Group" shown in Schedule B, all of the uses in the divisions and classes of uses un- der that title shall be permitted, and likewise where the permitted use is expressed by the title of a "Division" shown in Schedule B, all of the uses in the classes of uses under that title shall be permitted. 48 - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 90. Discretionary Uses AO Subject to these Regulations, the uses that fall within the Discretionary Uses set out in the appropriate Use Zone Table in Schedule C may be per- mitted in that Use Zone if the Authority is satisfied that the development would not be contrary to the general intent and purpose of these Regula- tions, 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. a Where the discretionary use is expressed by the title of a "Group" shown in Schedule B, all of the uses in the divisions and classes of uses under - that title shall be permitted, and likewise where the discretionary use is expressed by the title of a "Division" shown in Schedule B, all of the uses in the classes of uses under that title shall be permitted, subject to the provisions of subsection (1). 91. Uses Not Permitted a Uses that do not fall within the Permitted Uses or Discretionary Uses set out in the appropriate Use Zone Tables in Schedule C shall not be permit- ted in that Use Zone. a a a a a 49 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 SCHEDULE A DEFINITIONS ACCESS: 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. (Refer to Minister's Development Regulations, January 2, 2001) ACCESSORY BUILDING: (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 cel- lars, shelters for domestic pets or radio and television antennae, (iii) for commercial uses, workshops or garages, and (iv) for industrial uses, garages, offices, raised ramps and docks. (Refer to Minister's Development Regulations, January 2, 2001) ACCESSORY USE: A use that is subsidiary to a permitted or discretionary use and that is customarily expected to occur with the permitted or discretionary use. (Refer to Minister's Development Regulations, January 2, 2001) ACT: The Urban and Rural Planning Act, 2000. ADVERTISEMENT: Any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction; exclud- ing such things employed wholly as a memorial, or functional advertisement of Councils, or other local authorities, public utilities and public transport un- dertakers, and including any boarding or similar structure used or adapted for use for the display of advertisements. 50 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 AGRICULTURE: Horticulture, fruit growing, grain growing, seed growing, dairy farming, the breeding or rearing of animals for pet or commercial uses including raising of livestock or any other creature kept for the production of food, wool, skins, or fur, or for the purpose of its use in the farming of land, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds and the use of land for woodlands where that use is ancillary to the farming of land for any other purpose. "Agricultural" shall be construed ac- cordingly. AMUSEMENT USE: The use of land or buildings equipped for the playing of elec- tronic, mechanical, or other games and amusements including electronic games, pinball games and slot machine arcades and billiard and pool halls. ANIMAL UNIT: Any animals or group of animals representing 454 kilograms (1000 pounds) live weight equals one animal unit, rounding up to the next higher unit when calculating the number. Interpretation shall be as per the Environmental Farm Practices Guidelines for Livestock and Poultry Producers in Newfoundland & Labrador administered by the Forestry and Agrifoods Agency. APARTMENT BUILDING: A building containing three or more dwelling units, but does not include a row dwelling. APPLICANT: A person who has applied to an Authority for an approval or permit to carry out a development. APPEAL BOARD: The appropriate Appeal Board established under the Act. ARTERIAL STREET: The streets in the Planning Area constituting the main traffic arteries of the area and defined as arterial streets or highways in the Munici- pal Plan or on the Zoning Map. AUTHORITY: the Council of the Town of Flowers Cove. BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to a 51 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 persons other than the immediate family of the owner or tenant. BUILDING: Every structure, erection, excavation, alteration or improvement what- soever placed on, over or under land, or attached, anchored or moored to land, and includes mobile structures, vehicles and marine vessels adapted or con- structed for residential, commercial, industrial and other like uses, and any part of a building as so defined and any fixtures that form part of a building. BUILDING HEIGHT: 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 gam- brel roof, and in any case, a building height shall not include me- chanical structure, smokestacks, steeples and purely ornamental structures above a roof. (Refer to Minister's Development Regula- tions, January 2, 2001) BUILDING LINE: 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. (Refer to Minister's Development Regulations, January 2, 2001) COLLECTOR STREET: 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. CONVENIENCE STORE: A small retail store that carries limited lines of goods, such as a partial line of groceries, housewares, and clothing; gifts; speciality items; and, other goods, and which has a floor area dedicated to retail sales (including storage area) not exceeding 100 square metres.. DAYCARE CENTRE or DAY NURSERY: A building or part of a building in which ser- vices and activities are regularly provided to children of pre-school age during the full daytime period as defined under the Day Nurseries Act, but does not in- clude a school as defined by the Schools Act. 52 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 DEVELOPMENT: The carrying out of any building, engineering, mining erations in, on, over, or under land, or the making of any material the use, or the intensity of use of any land, buildings, or premise or other op- change in and without limiting the generality of the foregoing, shall specifically include: (a) the making of an access onto a highway, road or way; (b) the erection of an advertisement or sign; (c) the parking of a trailer, or vehicle of any description used for the sale of refreshments or merchandise, or as an office, or for living ac- commodation, for any period of time; and shall exclude: (d) the carrying out of works for the maintenance, improvement or other alter- ation or any building, being works which affect only the interior of the building or which do not materially affect the external appear- ance or use of the building; (e) the carrying out by a highway Authority of any works required for the maintenance or improvement of a road, being works carried out on land within the boundaries of the road reservation; (f) the carrying out by any local Authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sew- ers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose; (g) the use of any building or land within the courtyard of a dwelling house for any purpose incidental to the enjoyment of the dwelling house as such. DEVELOPMENT REGULATIONS: Regulations respecting development that have been en- acted by the relevant Authority. DISCRETIONARY USE: A use that is listed within the discretionary uses estab- lished in the use zone tables of an Authority's development regulations. (Refer to Minister's Development Regulations, January 2, 2001) DIRECTOR: The Director of Urban and Rural Planning. IN 53 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 DOUBLE DWELLING: A building containing two dwelling units, placed one above the other, or side by side, but does not include a self-contained dwelling contain- ing a subsidiary apartment. DWELLING UNIT: A self-contained unit consisting of one or more habitable rooms used or designed as the living quarters for one household. ENGINEER: A professional engineer employed or retained by the Authority. ESTABLISHED GRADE: (I) where used in reference to a building, the average elevation of the fin- ished surface of the ground where it meets the exterior or the front of that building exclusive of any artificial embankment or entrench- ment, 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 surround- ing the structure, exclusive of any artificial embankment or en- trenchment. (Refer to Minister's Development Regulations, January 2, 2001) FAMILY AND GROUP CARE CENTRE: A dwelling accommodating up to but no more than six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this definition includes, but is not limited to, the facilities called "Group Homes", "Halfway House", and "Foster Home". FLAG LOT: A lot characterized by a shape in which the lot's main body of land is located some distance from a street, typically lying behind other lots located along the street line, and in which the main body of the lot is joined to the street by a narrower leg or prolongation which is part of the flag lot. A flag lot is so named because its shape in a simple rectangular configuration resem- bles a flag on a pole, where the main body of the lot is separated from the street and access to the street is along the part of the lot having the narrow pole shape (the street lies at the foot of the pole). The "pole" or narrow leg or prolongation lying between the main body of the lot and the street may be of any configuration, not necessarily of uniform width; the minimum width thereof 54 a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 is stated in Regulation 61. To illustrate the concept: - a RECTANGULAR SHAPE IRREGULAR SHAPE r a lot b of lot STREET STREET a: main body of the flag lot b: leg or prolongation of the flag lot to provide access to a street FLOOR AREA: The total area of all floors in a building measured to the outside face of exterior walls. (Refer to Minister's Development Regulations, January 2, 2001) FRONTAGE: The horizontal distance between side lot lines measured at the build- ing line. (Refer to Minister's Development Regulations, January 2, 2001) FRONT YARD DEPTH: The distance between the front lot line of a lot and the front wall of the main building on the lot. GARAGE: A building erected for the storage of motor vehicles as an ancillary use to a main building on the lot. 55 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, as- sembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up, demolishing, or treating any article, commodity or sub- stance. "Industry" shall be construed accordingly. GENERAL GARAGE: Land or buildings used exclusively for repair, maintenance and storage of motor vehicles and may include the sale of gasoline or diesel oil. HAZARDOUS INDUSTRY: The use of land or buildings for industrial purposes involv- ing the use of materials or processes which because of their inherent character- istics, constitute a special fire, explosion, radiation or other hazard. INSPECTOR: Any person appointed and engaged as an Inspector by the Authority or by any federal or provincial Authority or the agent thereof. INSTITUTION: A building or part thereof occupied or used by persons who: (a) are involuntarily detained, or detained for penal or correctional pur- poses, or whose liberty is restricted, or; (b) require special care or treatment because of age, mental or physical limi- tations or medical conditions. LAND: Includes land covered by water, and buildings and structures on, over, or under the soil and fixtures that form part of these buildings and structures. LIGHT INDUSTRY: Use of any land or buildings for any general industrial use that can be carried out without hazard or intrusion and without detriment to the amenity of the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance. LOCAL STREET: A street designed primarily to provide access to adjoining land and which is not designated as a collector street or arterial street in the Mu- nicipal Plan, or on the Zoning Map. 56 - Town of Flowers Cove Development Regulations for 2016-2026 S As approved by Council 6 June 2017 LODGING HOUSE: A dwelling in which at least 2 rooms are regularly rented to per- sons other than the immediate family of the owner or tenant. LOT: Any plot, tract or parcel of land which can be considered as a unit of land for a particular use or building. (Refer to Minister's Development Regulations, January 2, 2001) LOT AREA: The total horizontal area within the lot lines of the lot. (Refer to Minister's Development Regulations, January 2, 2001) - LOT COVERAGE: The combined area of all buildings on the lot measured at the level of the lowest floor above the established grade expressed as a percentage - of the total area of the lot. (Refer to Minister's Development Regulations, Jan- uary 2, 2001) MINERAL WORKING: Land or buildings used for the exploration, working or extrac- tion of any naturally occurring substance MOBILE HOME: A transportable factory-built single family dwelling unit: (a) which complies with space standards substantially equal to those laid down in the Canadian Code for Residential Construction and is in accord- ance with the construction standards laid down and all other appli- cable Provincial and Municipal Codes and; (b) which is designed to be: (i) transported on its own wheels and chassis to a mobile home lot, and subsequently supported on its own wheels, jacks, posts or piers, or on a permanent foundation and; (ii) connected to exterior public utilities approved by the Authority, namely, piped water, piped sewer, electricity and telephone, in order for such mobile home unit to be suitable for year round term occupancy. MOBILE HOME PARK: A mobile home development under single or joint ownership, cared for and controlled by a mobile home park operator where individual mobile 57 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 home lots are rented or leased with or without mobile home units placed on them and where ownership and responsibility for the maintenance and development of site facilities including underground services, access roads, communal areas, snowclearing and garbage collection, or any of them, are the responsibility of the mobile home park management, and where the mobile home development is clas- sified as a mobile home park by the Authority. MOBILE HOME SUBDIVISION: A mobile home development requiring the subdivision of land whether in single or joint ownership into two or more pieces or parcels of land for the purpose of locating thereon mobile home units under either freehold or leasehold tenure and where the maintenance of streets and services is the re- sponsibility of a municipality or public Authority, and where the mobile home development is classified as a mobile home subdivision by the Authority. NON-CONFORMING USE: means a legally existing use that is not listed as a per- mitted or discretionary use for the use zone in which it is located or which does not meet the development standards for that use zone. (Refer to Minister's Development Regulations, January 2, 2001) OWNER: means a person or an organization of persons owning or having the legal right to use the land under consideration. (Refer to Minister's Development Regulations, January 2, 2001) PARKING AREA: means an open area containing parking spaces and any interior aisles and lanes necessary for parking and movement of motor vehicles. PARKING SPACE: means a space exclusive of any driveways or interior aisles or lanes, upon which one motor vehicle may be parked. PERMITTED USE: means a use that is listed within the permitted uses set out in the use zone tables of an Authority's development regulations. ( Refer to Minis- ter's Development Regulations, January 2, 2001) PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working. 58 a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 PROHIBITED USE: means a use that is not listed in a use zone within the permit- ted uses or discretionary uses or a use that an Authority specifies as not per- mitted within a use zone. (Refer to Minister's Development Regulations, January 2, 2001) REAR YARD DEPTH: means the distance between the rear lot line and the rear wall of the main building on the lot. (Refer to Minister's Development Regulations, January 2, 2001) a a RESTAURANT: A building or part thereof, designed or intended to be used or occu- pied for the purpose of serving the general public with meals or refreshments for consumption on the premises. - ROW DWELLING: Three or more dwelling units at ground level in one building, each unit separated vertically from the others. a SEASONAL RESIDENCE: A dwelling which is designed or intended for seasonal or recreational use, and is not intended for use as permanent living quarters. SERVICE STATION: Any land or building used exclusively for the sale of petroleum products, automotive parts and accessories, minor repairs, washing and polishing of motor vehicles. SERVICE STREET: A street constructed parallel to or close to another street for the purpose of limiting direct access to that street. SHOP: A building or part thereof used for retail trade wherein the primary pur- pose is the selling or offering for sale of goods, wares or merchandise by re- tail or the selling or offering for sale of retail services but does not include a an establishment wherein the primary purpose is the serving of meals or refresh- ments, an amusement use, a general garage, or a service station. SHOPPING CENTRE: A group of shops and complementary uses with integrated parking 59 a a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 and which is planned, developed and designed as a unit containing a minimum of 5 retail establishments. SHOWROOM: A building or part of a building in which samples or patterns are dis- played and in which orders may be taken for goods, wares or merchandise, includ- ing vehicles and equipment, for later delivery. SIDE YARD DEPTH: means the distance between a side lot line and the nearest side wall of any building on the lot. (Refer to Minister's Development Regulations, January 2, 2001) 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, utili- ties and boarding or similar structures used for the display of advertise- ments.(Refer to Minister's Development Regulations, January 2, 2001) 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. (Refer to Minister's Development Regulations, January 2, 2001) STREET LINE: means the the edge of a street reservation as defined by the Au- thority having jurisdiction. (Refer to Minister's Development Regulations, Janu- ary 2, 2001) SUBDIVISION: The dividing of any land, whether in single or joint ownership, into two or more pieces for the purpose of development. SUBSIDIARY APARTMENT: A separate dwelling unit constructed within and subsidiary to a self-contained dwelling. TAKE-OUT FOOD SERVICE: A building in which the primary purpose is the prepara- tion and sale of meals or refreshments for consumption off the premises. 60 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 TAVERN: Includes a nightclub and means a building licensed or licensable under the Liquor Control Act wherein meals and food may be served for consumption on the premises and in which entertainment may be provided. - USE: means a building or activity situated on a lot or a development permitted on a lot. (Refer to Minister's Development Regulations, January 2, 2001) 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. (Refer to Minister's Development Regulations, January 2, 2001) VARIANCE: means a departure, to a maximum of 10% from the yard, area, lot cover- IS age, setback, size, height, frontage or any other numeric requirement of the ap- plicable Use Zone Table of the Authority's regulations. (Refer to Minister's De- . velgpment Regulations, January 2, 2001) ZONING MAP: The map or maps attached to and forming part of the Authority's reg- ulations. (Refer to Minister's Development Regulations, January 2, 2001) s - 411 61 - Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 SCHEDULE B CLASSIFICATION OF USES OF LAND AND BUILDINGS NOTE: The classification of uses set out in the following table is based on the Classification of Typical Occu- pancies included as Table 3.1.2.A of the National Building Code of Canada, 1980. This classification is referred to in Regulation 87. GROUP DIVISION CLASS EXAMPLES A. ASSEMBLY USES 1. Assembly Uses for the produc- tion and viewing of the per- forming arts. (a) Theatre Motion Picture Theatres T.V. Studios admitting an audie- nce. 2. General Assembly Uses (a) Cultural and Civic Libraries Museums Art Galleries Court Rooms Meeting Rooms Council Chambers (b) General Assembly Community Halls Lodge Halls Dance Halls Gymnasia Auditoria Bowling Alleys (c) Educational Schools Colleges (non- residential) (d) Place of Worship Churches and similar places of worship. Church Halls (e) Passenger Assembly Passenger Terminals (f) Club and Lodge Private Clubs and Lodges (non-residential) (g) Catering Restaurants Bars Taverns (h) Funeral Home Funeral Homes and Chapels (i) Child Care Day Care Centres (j) Amusement Electronic Games Arcades Pinball Parlours Poolrooms 62 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 GROUP DIVISION CLASS EXAMPLES A. ASSEMBLY USES (continued) 3. Arena-type Uses (a) Indoor Assembly Arenas Armouries Ice Rinks Indoor Swimming Pools 4. Open-air Assembly Uses (a) Outdoor Assembly Bleachers Grandstands Outdoor Ice Rinks and Swim- ming Pools Amusement Parks and Fair- grounds Exhibition Grounds Drive-in Theatres B. INSTITU- TIONAL USES 1. Penal and Correctional Institutional Uses (a) Penal and Correctional Detention Jails Penitentiaries Police Stations (with detention quarters) Prisons Psychiatric Hospitals (with detention quarters) Reformatories 2. Special Care Institutional Uses (a) Medical Treatment and Special Care Children's Homes Convalescent Homes Homes for Aged Hospitals Infirmaries Orphanages Psychiatric Hospitals Sanatoria C. RESIDENTIAL USES 1. Residential Dwelling Uses (a) Single Dwelling Single Detached Dwellings Family & Group Homes (b) Double Dwelling Semi-detached Dwelling Duplex Dwellings Family & Group Homes (c) Row Dwelling Row Houses Town Houses Family & Group Homes (d) Apartment Building Apartments Family & Group Homes 63 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 GROUP DIVISION CLASS EXAMPLES C. RESIDENTIAL USES (continued) 2. General Residential Uses (continued) (a) Collective Residential Residential Colleges & Schools University & College Halls of Residence Convents & Monasteries Nurses and Hospital Residences (b) Boarding House Residential Boarding Houses Lodging Houses (c) Commercial Residential Hotels & Motels Hostels Residential Clubs (d) Seasonal Residential Summer Homes & Cabins Hunting & Fishing Cabins (e) Mobile Homes Mobile Homes D. BUSINESS & PERSONAL SERVICE USES 1. Business, Professional, and Personal Service Uses (a) Office Offices (including Government Offices) Banks (b) Medical & Professional Medical Offices and Consulting Rooms Dental Offices & Surgeries Legal Offices Similar Professional Offices (c) Personal Service Barbers Hairdressers Beauty Parlours Small Appliance Repairs (d) General Service Self-service Laundries Dry Cleaners (not using flamma- ble or explosive substances) Small Tool and Appliance Rentals Travel Agents 64 41 a a a - s - - OP a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 GROUP DIVISION CLASS EXAMPLES D. BUSINESS & PERSONAL SERVICE USES (continued) 1. Business, Professional & Personal Service Uses (continued) (e) Communications Radio Stations Telephone Exchanges (f) Police Station Police Stations without detention quarters (g) Taxi Stand Taxi Stands (h) Take-out Food Service Take-out Food Service (i) Veterinary Veterinary Surgeries E. MERCANTILE USES 1. Retail Sale and Display Uses (a) Shopping Centre Shopping Centres (b) Shop Retail Shops and Stores and Showrooms Department Stores (c) Indoor Market Market Halls Auction Halls (d) Outdoor Market Market Grounds Animal Markets Produce and Fruit Stands Fish Stalls (e) Convenience Store Confectionary Stores Corner Stores Gift Shops Specialty Shops F. INDUSTRIAL USES 1. Industrial uses involving highly combustible and hazardous substances and processes. (a) Hazardous Industry Bulk Storage of hazardous liquids and sub- stances. Chemical Plants Distilleries Feed Mills Lacquer, Mattress, Paint, Varnish, and Rubber Factories Spray Painting - 65 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 GROUP DIVISION CLASS EXAMPLES F. INDUSTRIAL USES (continued) 2. General Industrial Uses involving Limited Hazardous Substances and Processes. (a) General Industry Factories Cold Storage Plants Freight Depots General Garages Warehouses Workshops Laboratories Laundries Planing Mills Printing Plants Contractors' Yards (b) Service Station Gasoline Service Stations Gas Bars 3. Light, Non- hazardous or Non-intrusive Industrial Uses. (a) Light Industry Light Industry Parking Garages Indoor Storage Warehouses Workshops G. NON- BUILDING USES 1. Uses not directly related to building (a) Agriculture Commercial Farms Hobby Farms Market Gardens & Nurseries (b) Forestry Tree Nurseries Silviculture (c) Mineral Working Quarries Pits Mines Oil Wells (d) Recreational Open Space Playing Fields Sports Grounds Parks Playgrounds (e) Conservation Watersheds Buffer Strips Flood Plains Architectural, Historical and Sce- nic Sites Steep Slopes Wildlife Sanctuaries (f) Cemetery Cemeteries Graveyards (g) Scrap Yard Car Wrecking Yards Junk Yards Scrap Dealers 66 - Town of Flowers Cove Development Regulations for 2016-2026 - As approved by Council 6 June 2017 GROUP DIVISION CLASS EXAMPLES G. NON- BUILDING USES (continued) 1. Uses not directly related to building. (continued) (h) Solid Waste Solid Waste Disposal Sanitary Land Fill (i) Animal Animal Pounds Kennels Zoos (j) Antenna TV, Radio and Communications Transmitting and Receiving Masts and Antennae (k) Transportation Airfields Railway Yards Docks and Harbours OW OW 67 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 Schedule C USE ZONE TABLES This schedule contains tables showing the use groups, divisions and classes which may be permitted or which may be treated as discretionary uses for the purpose of these Regulations, following the classification system shown in Schedule B, Classification of Uses of Land and Buildings. The tables also indicate the required standards of development and may also include conditions af- fecting some or all of the use groups, divisions and classes. The schedule contains tables for the following Use Zones: Mixed Development MD Commercial/Light Industrial COMM/LI Water Supply WS 68 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 USE ZONE TABLE ZONE TITLE: MIXED DEVELOPMENT (MD) (FLOWERS COVE) PERMITTED USE GROUPS, DIVISIONS AND CLASSES - 1. Residential dwelling division 2. Conservation class DISCRETIONARY USE GROUPS, DIVISIONS AND CLASSES - I. Assembly group 2. Institutional group 3. Business and personal service group 4. Mercantile group 5. Industrial group, excluding the class of hazardous industry 6. General residential division 7. Recreational open space class 8. Antenna class 9. Transportation class 10. Agriculture class 11. Animal class STANDARDS WHERE PERMITTED Single Dwelling and all other uses Double Dwelling Row Dwelling APARTMENT BUILDING 1 Bed- room Apt. 2 Bed- room Apt. 3 Bed- room Apt. 4 or more Bed- room Apt. Lot area (m2 ) minimum 450 390 * 200m2 *(average) 200 " 250 * 280 * 300 * Floor area (m2 ) mini- mum except for acres- sory buildings 80 80 * 65 * 40 * 50 * 60 * 70 * Frontage (m) minimum 15 26 7 * (average) 20 Building Line Setback (m) (minimum) 6 6 8 8 Sideyard Depth (m) (minimum) 3.5 3.5 3.5 5 69 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 Rearyard Depth (m) (minimum) 6 6 6 6 Lot Coverage (%) (maximum) 33 33 33 33 Height (maximum) 8 8 10 10 * per dwelling unit. CONDITIONS 1. Discretionary Uses The discretionary Uses listed in this table may be permitted at the discretion of the Authority pro- vided that they are compatible or complementary to uses within the permitted Uses or that their devel- opment will not inhibit or prejudice the existence or the development of such uses. 2. Services Any new building development with plumbing shall be connected to the municipal water system if the lot directly abuts a street on which that system supplies water service, except that the Authority may waive this requirement if the building is situated at least 200 metres from the water main and it has been demonstrated before any permit is issued that an on-site water supply will provide sufficient potable water for the expected needs of the development. Further, such building must have a satisfac- tory approved on-site sewage disposal system with sufficient capacity to properly serve the develop- ment. 3. Accessory Buildings Accessory buildings shall have a total maximum lot coverage no greater than 20% and shall have a maximum floor area of 100 square metres for each accessory building, and a maximum height of 3 metres. Accessory buildings shall be located in the rearyard or sideyard and shall be 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. 4. Home Based Business Home based business uses of the types indicated in the use zone table may be permitted as a discre- tionary use in a single dwelling or on the lot upon which a single dwelling is located provided that: (i) The use is clearly a subsidiary use to the residential use and does not substantially detract from the residential character of the neighbourhood. 11. 70 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 (ii) Open storage of goods, vehicles and equipment associated with the home based business is permitted provided that such open storage does not occupy more than 25% of the outdoor area of the lot and that such open storage area is screened with an opaque fence at least 1.8 metres in height. Open storage includes only the temporary parking or positioning of goods, vehicles and equipment outdoors and does not include activities such as materials processing, servicing of vehicles or equipment, or manufacturing activity concerning those items, and ac- tual work on or use of these items shall be carried on indoors. Open storage does not include operation of an outdoor market. IP (iii) Activities associated with the use (other than for open storage as indicated in (ii)) shall be carried on inside the dwelling unit or inside one or more buildings separate from the dwelling unit but on the same lot. (iv) Not more than twenty-five (25) percent of the floor area of the dwelling unit, up to a maxi- mum of forty-five (45) square metres in the dwelling unit, is devoted to the use. The entitle- ment to open storage area is in addition to those areas, and the entire floor areas of accessory buildings may be used for the home business uses. The dwelling unit must continue to meet the dwelling unit minimum floor area requirement. (v) The use is operated by a resident or the owner of the dwelling unit and does not employ more than three persons in addition to the resident. (vi) The Authority may require fencing, screening and separation or a combination of the two to protect the amenity of adjacent uses. (vii) Light Industry uses the servicing, repair, processing or manufacturing of equipment or goods. 4P Light industry uses include storage, repairs, and operation of equipment used in the fishery except for fish processing. (vii) The use shall not generate sewage or water use substantially in excess of what is normal in the area and can be accommodated by the existing municipal water supply and the owner's on-site sewage disposal system. VW Activities associated with the use are not hazardous and do not cause substantial noise, illu- 4.1 mination, odour, vibration, dust or fumes, nor cause electrical interference or in any other way result in a significant nuisance to the occupants of surrounding properties. (x) Any number of buildings separate from the dwelling unit may be used in connection with one or more light industrial uses and each of them shall conform to the Accessory Building condi- tion for the use zone. a (xi) No sign will be permitted other than a name plate not exceeding 1.0 square metres in area and which is a ground sign or is attached to a building. (xii) The residential lot has sufficient area to accommodate the parking requirements of both the 71 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 dwelling unit and the home business use. (xiii) Parking requirements are a minimum of one space for a home business use. The minimum required parking for the dwelling must continue to be met. Office uses involving frequent customer visits will be required to include sufficient parking space to accommodate the ex- pected volumes. (xiv) No change in type, class or extent of the use shall be permitted except in accordance with a permit issued by the Authority. 5. Mobile Home With the exception of the following standards, all other development standards for residential devel- opment shall apply to mobile home development: (a) Minimum Floor area 60 square metres (b) Minimum Rearyard Depth 4 m 6. Animal Control The number of animal units kept on the lot shall not exceed 2 units, in addition to animals kept as do- mestic pets. 6. Lot Area The minimum area of land required for dwelling units or for other uses is specified in the Use Zone Table. The Sanitation Regulations under the Public Health Act and other requirements of the Prov- ince of Newfoundland and Labrador concerning lot area and other matters concerning private sewage disposal systems and private water supplies may require considerably larger lot areas, in accordance with the condition of soils, topography, proximity to other features such as watercourses and water bodies, and other factors. The more stringent of any requirements shall apply. In addition to the requirements of the Development Regulations, a Certificate of Approval is required from the Government Services Centre serving the Town of Flowers Cove, for both private sewage disposal systems and private water supplies. The Government Services Centre should be contacted for information on requirements and procedures. 7. Advertisements Relating to Onsite Uses The conditions which shall apply to the erection or display of an advertisement on any lot or site oc- cupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be as fol- lows: i) The size, shape, illumination and material construction of the advertisement shall meet the 72 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 requirements of the Authority, having regard to the safety and convenience of users of adja- cent streets and sidewalks, and the general amenities of the surrounding area. ii) No advertisement shall exceed 5 square metres in area, except where a more limiting condi- tion is applicable. 8. Advertisements Relating to Offsite Uses The conditions to be applied to the erection or display of an advertisement on any site other than the lot on which the use or activity is located, or not relating to a specific land use, shall be as follows: i) Each advertisement shall not exceed three square metres in area and must be located along the Viking Trail (Route 430). ii) When the advertisements relate to a specific land use, they shall be located within a reasona- ble distance of, and only show thereon the name and nature of the distance or direction to the premises to which they relate. iii) The location, siting and illumination of each advertisement shall be to the satisfaction of the Authority, having regard to the grade and alignment of streets, the location of street junctions, the location of nearby buildings and the preservation of the amenities of the surrounding area. 9. Outdoor Market An outdoor market may, at the discretion of the Authority, include temporary or permanent outdoor display or sale of goods including a temporarily operated used car lot, provided due consideration is given to the size and scale of the development relative to surrounding development and to the site it- self. Appropriate conditions shall also be applied to buffering where appropriate, off-street parking, the length of term of temporary outdoor market use, and to the implications of traffic movement, parking and security. 10. Access The number of accesses to the street shall be limited and designed to the satisfaction of the Authority, having regard to the safety and efficiency of the street for both vehicles and pedestrians. 11. Protection of Residential Use Adverse effects of any proposed development on an adjacent existing residential use shall be pre- vented or minimized through proper site planning and the provision of buffering by the developer to the satisfaction of the Authority. 73 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 12. Service Station The following development standards shall apply to all proposed service stations. i) All gasoline pumps shall be located on pump islands designed for such purpose, and to which vehicles may gain access from either side. ii) Pump islands shall be set back at a minimum 4 metres from the front lot line. iii) Accesses shall not be less than 7 metres wide and shall be clearly marked, and where a ser- vice station is located on a corner lot, the minimum distance between an access and the inter- section of the street shall be 10 metres and the lot line between entrances shall be clearly indi- cated. 15. Development in Vicinity of Valued Natural Features and Trails a. Any proposals for development in the vicinity of valued natural and heritage features, includ- ing but not limited to the Thrombolites, the White Rocks of the Limestone Barrens, the Skin Boot Church, playgrounds, indoor and outdoor community and recreational facilities, and recognized trails such as the Flowers Cove ATV Trail and the Snowmobile Traditional Trail, shall be subject to conditions which may be applied to protect the values and amenity of such features. b. The height of any proposed building or structure shall be no higher than any registered herit- age building located within 100 metres. c. Buildings, structures and alteration of elevations of land or vegetation thereon, within 15 me- tres of any Public Trail designated on the Zoning Maps, shall not be located or made in such manner as would impede the safety or amenity of public use of the Public Trails. 74 Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 USE ZONE TABLE ZONE TITLE COMMERCIAL/LIGHT INDUSTRIAL (COMM/LI) (FLOWERS COVE) PERMITTED USE GROUPS, DIVISIONS AND CLASSES - 1. Assembly group excluding amusement class 2. Institutional group 3. Business and personal service group excluding take-out food service class 4. Mercantile group 5. Service station class 6. Light industry class 7. Antenna class. DISCRETIONARY USE GROUPS, DIVISIONS AND CLASSES - 1. Take-out food service class 2. Amusement class 3. Animal class 4. Residential dwelling division CONDITIONS The conditions for development in the Commercial/Light Industrial (Cl/I) Zone are the same as those for the Mixed Development (MD) Zone. MD ZONE TITLE WATER SUPPLY (WS) (FLOWERS COVE) PERMITTED USE GROUPS, DIVISIONS AND CLASSES - 1. Conservation class 2. Uses related to the waterworks. DISCRETIONARY USE GROUPS, DIVISIONS AND CLASSES - 1. Forestry class 2. Operation of snow machines on the existing Snowmobile Traditional Trail and ATVs on the Flowers Cove ATV Trail Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 USE ZONE TABLE CONDITIONS 1. Discretionary Uses The discretionary uses listed in this table may be permitted in the protected watershed area at the discretion of the Authority provided its development will not have any negative im- pacts on the water supply. Discretionary uses will only be permitted if the Department of En- vironment has determined they will not cause pollution of any area of land or water body or cause erosion of land to take place. 2. Forestry Development Applications for forestry development shall be referred to the Department of Forest Re- sources and Agrifoods and the Department of Environment for review and approval. 3. Operation of Motorized Vehicles Council will allow operation of snow machines on the existing Snowmobile Traditional Trails and ATVs on the Flowers Cove ATV Trail, in neither case on the pond, for the purpose of accessing inland areas beyond the Water Supply area. Refuelling or storage of vehicles and cleaning of game will not be permitted. 76 a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 Schedule D OFF-STREET PARKING REQUIREMENTS a Pursuant to Regulation 52, the quantity of off-street parking spaces shall be provided according to the following minimum requirements: I space for every five seats or if there are no seats, one space for each 100 square metres of floor area devoted to public occupancy 2 spaces for each classroom or 25 stu- dents or children, whichever is less 1 space for each two beds or clientele spaces 2 spaces for each dwelling unit 1 space for each rental suite or unit, plus I space for each 10 square metres of common spaces such as common rooms, kitchens, and recreation areas. a. Assembly uses other than education and child care: a b. Education and child care uses: a c. Institutional uses d. Residential Dwelling uses e. General Residential uses a f. Business and personal service uses I space for each 20 square metres of floor area g. All other uses 1 space for each 30 square metres of floor area a a a a 77 a Town of Flowers Cove Development Regulations for 2016-2026 As approved by Council 6 June 2017 Schedules E and F LAND USE ZONING MAPS Schedule E, Land Use Zoning Map 1, is bound in this document on the next page. Schedule F, Land Use Zoning Maps 2 and 3, are located in a map pocket. 11.111 ---.. WS WATER SUPPLY MD MIXED DEVELOPMENT COMM/LI COMMERCIAL/LIGHT INDUSTRIAL MUNICIPAL BOUNDARY EXCEPT WHERE IT COINCIDES WITH PLANNING AREA BOUNDARY - PLANNING AREA BOUNDARY ZONE BOUNDARIES (EXTENDED TO PLANNING AREA BOUNDARIES) WALKING TRAILS (THROMBOLITES AND WHITE ROCKS) -- - -- - -- - -- SNOW MACHINE & AN TRAILS HIGHWAY 430 CROSSINGS S AN S/ATV S: SNOW MACHINES ONLY AN: ATVs ONLY S/ATV: SNOW MACHINES & ANs M :- 5 - 7-0 1- - ...4. ---- ---- --- - - TRAIL IS LOCATED AROUND --- THE POND, TO EXIT THE -- WATER SUPPLY AREA AT ITS ..-- SOUTH EASTERLY BOUNDARY. CROSSING THE POND ON - 4. WINTER ICE IS PERMITTED. - . - ................... : ;MD - - Ile PLANNING AREA BOUNDARY Lines to-from: Coincide with: A-B Municipal Boundary B-C-D-E-F-G No Other Boundary G-H-I Municipal Boundary I-J-K-L-M-N-O-P-Q Protected Public Water Supply Area Q-R-S Municipal Boundary S-T Protected Public Water Supply Area T-U No Other Boundary U-A Municipal Boundary along the sinuosities of the high water mark along the shoreline, and not including any islands N °is 1.5 os km - Miles k - WS WS -- WS / WS HMJ CONSULTING LIMITED PROJECT 14-012 SCALE 1:35000 @81/2" X 11" PART OF THE ATV TRAIL SYSTEM RUNS ALONG THE EAST SIDE OF HWY 430 (VIKING TRAIL) FROM THE HWY 430 CROSSING SOUTH OF WAY STREET, TO THE CROSSING AT THE IVY DURLEY PLACE BUILDING. THIS PART OF THE ATV TRAIL IS NOT MARKED ON MAP 1. - - - , ,L 9'6. - - - 2. TRAIL ALIGNMENTS ARE APPROXIMATE. FOR LEGAL EFFECT, TRAILS ARE TO BE DEEMED TO BE AT THEIR ACTUAL LOCATIONS. MD - .. - - - - - - - - 1.% NOTES: 1. ,f11,\\O IT 11 I E - - - Otik $ - e" Et. .4*-- 4) - 'S., - - JEtttN i - - - I. - b. - -- - - - -ft. 1' 4/4 I E N .._ - - - - - - . - ...--,- . ,..--; 4,_____ --!-,-- - -1 .,... Ts, H .- ♦ MD U ♦ - - - - K SEE MAPS 2 AND 3 FOR GREATER DETAIL ON SECTIONS OF THIS MAP. VIEWING MAPS AS PDF IMAGES ENABLES ZOOMING IN TO SEE DETAILS. MAPS 2 AND 3 HAVE IDENTICAL BOUNDARIES AND LABELLING OF AREAS AS SHOWN ON THIS MAP LEGEND: TOWN OF FLOWER'S COVE 77 Dated at Flower's Cove, NL this day of APPROVED BY COUNCIL FOR ADOPTION BY COUNCIL FOR DMA REVIEW AND RELEASE FOR PUBLIC MEETING FOR COUNCIL REVIEW FOR COUNCIL REVIEW TOWN OF Flower's Cove - - DEVELOPMENT REGULATIONS LAND USE ZONING 2016 - 2026 MAP 1 REV 5 REV 6 REV 4 REV 3 REV 2 REV 1 6 JUN 2017 1 MAY 2017 6 OCT 2016 20 SEPT 2016 23 JUL 2016 29 JUN 2016 (' A.D. 20 / Mayor, Town Manager/Clerk, T