Town of Fogo Island Development Regulations 2015-2025
Fogo Island, Newfoundland and Labrador
· adopted 2015-11-13
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Town of Fogo Island Development Regulations for 2015-2025
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TOWN of FOGO ISLAND
Newfoundland and Labrador
Photo credit: Town of Fogo Island website
DEVELOPMENT REGULATIONS
for
2015-2025
APPROVED BY COUNCIL 25 AUGUST 2015
HMJ Consulting Limited
Project 11-009
Town of Fogo Island Development Regulations for 2015-2025
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Town of Fogo Island Development Regulations for 2015-2025
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ADOPTION AND APPROVAL
COUNCIL RESOLUTION TO ADOPT; CLERK'S CERTIFICATE
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council
of Fogo Island adopts the Development Regulations for 2015 to 2025.
Resolved by the Town Council of Fogo Island on the 2nd day of June, 2015.
Signed and sealed this 2nd day of June, 2015.
Mayor: ______________________
(Council Seal)
Clerk: ______________________
Clerk's Certificate:
Certified that the attached Development Regulations is a correct copy of the Development
Regulations for 2015 to 2025, adopted by the Council of the Town of Fogo Island,
on the 2nd day of June, 2015.
Clerk _________________________
OFFICIAL COPIES SIGNED AND SEALED
Town of Fogo Island Development Regulations for 2015-2025
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COUNCIL RESOLUTION TO APPROVE; CLERK'S CERTIFICATE
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning Act 2000, the Town of
Fogo Island.
a)
adopted the Town of Fogo Island Development Regulations for 2015 - 2025 on the 2nd day of June, 215.
b)
gave notice of the adoption of the Town of Fogo Island Development Regulations for 2015 - 2025 by
advertisement inserted on the 10th and 17th day of June, 2015 in The Pilot newspaper.
c)
set the 30th day of June, 2015, at 7:30 p.m. at the Anglican Parish Hall, Fogo Island Central, for the holding
of a public hearing to consider objections and submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Council of the Town of Fogo
Island approves the Town of Fogo Island Development Regulations for 2015 - 2025 as amended as follows: all
references and uses in the text and the maps to "Public Park Restricted Special Area" shall be revised to refer to
"Valued Natural and Heritage Restricted Special Area", abbreviated as VNHRSA, so as to more accurately reflect
the terminology used in the Municipal Plan.
SIGNED AND SEALED this 25th day of August, 2015
Mayor: _x__________________
[Andrew Shea]
(Council Seal)
Clerk:
_x____________________
[Amanda McGrath]
OFFICIAL COPIES SIGNED AND SEALED
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PLANNER'S SEAL AND SIGNATURE
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.
Member of the Canadian Institute of Planners
_______________________
Jens Jensen,P.Eng.,MCIP
[date]
seal
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TABLE OF CONTENTS
Page
SECTION A
NEWFOUNDLAND REGULATION 3/01,
MADE BY MINISTER OF MUNICIPAL
AND PROVINCIAL AFFAIRS, 2 JANUARY, 2001................................9
SECTION B
LAND
USE,
ZONING,
SUBDIVISION
AND
ADVERTISEMENT
REGULATIONS
APPLICATION
1. Short Title .......................................................................................................................................... 20
2. Interpretation ..................................................................................................................................... 20
3. Commencement ................................................................................................................................ 20
4. Municipal Code and Regulations .................................................................................................... 20
5. Authority ............................................................................................................................................ 21
PART I - GENERAL REGULATIONS ..................................................................................................... 22
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6. Compliance With Regulations ......................................................................................................... 22
7. Permit Required ................................................................................................................................ 22
8. Permit to be Issued ........................................................................................................................... 22
9. Permit Not to be Issued in Certain Cases ...................................................................................... 23
10. Discretionary Powers of Authority ................................................................................................ 24
11. Variances .......................................................................................................................................... 24
12. Notice of Variance........................................................................................................................... 25
13. Service Levy .................................................................................................................................... 25
14. Financial Guarantees by Developer .............................................................................................. 26
15. Dedication of Land for Public Use ................................................................................................ 27
16. Reinstatement of Land ................................................................................................................... 27
17. Form of Application ........................................................................................................................ 27
18. Register of Application .................................................................................................................. 28
19. Deferment of Application ............................................................................................................... 28
20. Approval in Principle ...................................................................................................................... 28
21. Development Permit ....................................................................................................................... 29
22. Reasons for Refusing Permit ........................................................................................................ 30
23. Notice of Right to Appeal ............................................................................................................... 30
24. Appeal Requirements ...................................................................................................................... 31
25. Appeal Registration ......................................................................................................................... 31
26. Development Prohibited ................................................................................................................ 32
27. Appeal Board ................................................................................................................................... 33
28. Appeals ............................................................................................................................................ 33
29. Hearing Notice and Meetings ........................................................................................................ 35
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30. Hearing of Evidence ....................................................................................................................... 35
31. Return of Appeal Fee ...................................................................................................................... 36
32. Notice of Application ...................................................................................................................... 36
33. Right of Entry .................................................................................................................................. 37
34. Record of Violations ....................................................................................................................... 37
35. Stop Work Order and Prosecution ................................................................................................ 37
36 Delegation of Powers ...................................................................................................................... 37
PART II - GENERAL DEVELOPMENT STANDARDS ........................................................................... 38
37. Accesses and Service Streets ....................................................................................................... 38
38. Accessory Buildings and Uses ..................................................................................................... 38
39. Advertisements ............................................................................................................................... 40
40. Buffer Strips .................................................................................................................................... 40
41. Building Height ............................................................................................................................... 41
42. Building Line and Setback ............................................................................................................. 41
43. Family and Group Care Centres .................................................................................................... 41
44. Height Exceptions........................................................................................................................... 41
45. Livestock Structures and Uses ..................................................................................................... 42
46. Lot Area ........................................................................................................................................... 42
47. Lot Area and Size Exceptions ....................................................................................................... 43
48. Lot Frontage .................................................................................................................................... 43
49. Non-Conforming Use ...................................................................................................................... 43
50. Offensive and Dangerous Uses ..................................................................................................... 45
51. Offstreet Parking Requirements .................................................................................................... 46
52. Off-Street Loading Requirements ................................................................................................. 48
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53. Parks and Playgrounds, and Conservation Uses ........................................................................ 48
54. Screening and Landscaping .......................................................................................................... 49
55. Services and Public Utilities .......................................................................................................... 49
56. Service Stations .............................................................................................................................. 49
57. Side Yards ....................................................................................................................................... 50
58. Street Construction Standards ...................................................................................................... 50
59. Subsidiary Apartments .................................................................................................................. 50
60. Unsubdivided Land......................................................................................................................... 50
61. Zero Lot Line and Other Comprehensive Development; Flag Lot Requirements .................... 51
PART III - ADVERTISEMENTS ............................................................................................................... 55
67. Permit Required .............................................................................................................................. 55
68. Form of Application ........................................................................................................................ 55
69. Advertisements Prohibited in Street Reservation ....................................................................... 55
70. Permit Valid for Limited Period ..................................................................................................... 55
71. Removal of Advertisements .......................................................................................................... 55
72. Advertisements Exempt from Control .......................................................................................... 56
73. Approval Subject to Conditions .................................................................................................... 57
74. Non-Conforming Uses .................................................................................................................... 57
PART IV - SUBDIVISION OF LAND ....................................................................................................... 58
75. Permit Required .............................................................................................................................. 58
76. Services to be Provided ................................................................................................................. 58
77. Payment of Service Levies and Other Charges ........................................................................... 58
78. Issue of Permit Subject to Considerations .................................................................................. 58
79. Building Permits Required ............................................................................................................. 59
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80. Form of Application ........................................................................................................................ 59
82. Subdivision Subject to Zoning ...................................................................................................... 60
83. Building Lines ................................................................................................................................. 60
84. Land for Public Open Space .......................................................................................................... 60
85. Structure in Street Reservation ..................................................................................................... 61
86. Subdivision Design Standards ...................................................................................................... 62
87. Engineer to Design Works and Certify Construction Layout ..................................................... 64
88. Developer to Pay Engineer's Fees and Charges ......................................................................... 65
89. Street Works May Be Deferred ...................................................................................................... 65
90. Transfer of Streets and Utilities to Authority ............................................................................... 65
91. Restriction on Sale of Lots ............................................................................................................ 66
92. Grouping of Buildings and Landscaping ..................................................................................... 66
PART V - USE ZONES ............................................................................................................................ 67
93. Use Zones ........................................................................................................................................ 67
94. Use Classes ..................................................................................................................................... 67
95. Permitted Uses ................................................................................................................................ 67
96. Discretionary Uses ......................................................................................................................... 68
97. Uses Not Permitted ......................................................................................................................... 68
DEFINITIONS .......................................................................................................................................... 69
SCHEDULE A: Definitions
69
SCHEDULE B: Classification of Uses of Land and Buildings ........................................... 82
SCHEDULE C: Use Zone Tables .......................................................................................... 93
SCHEDULE D: Off-Street Parking Requirements ........................................................... 109
SCHEDULE E: Land Use Zoning Maps at rear of document (see notes to reader
concerning printing, on fly sheet page 110)
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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. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
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8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
Short title
1. These regulations may be cited as the Development Regulations for the Town of Fogo
Island.
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.
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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, pedestrians or animals
in order to go from a street to adjacent or nearby land or to go from that land to the street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
(c) "accessory use" means a use that is subsidiary to a permitted or discretionary use and
that is customarily expected to occur with the permitted or discretionary use;
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(d) "building height" means the vertical distance, measured in metres from the established
grade to the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof;
(e) "building line" means a line established by an authority that runs parallel to a street
line and is set at the closest point to a street that a building may be placed;
(f) "discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authority''s development regulations;
(g) "established grade" means,
(i) where used in reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii) where used in reference to a structure that is not a building, the average elevation
of the finished grade of the ground immediately surrounding the structure, exclusive
of any artificial embankment or entrenchment;
(h) "floor area" means the total area of all floors in a building measured to the outside
face of exterior walls;
(i) "frontage" means the horizontal distance between side lot lines measured at the
building line;
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(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;
(l) "lot coverage" means the combined area of all building on a lot measured at the level
of the lowest floor above the established grade and expressed as a percentage of the total
area of the lot;
(m) "non-conforming use" means a legally existing use that is not .listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the legal
right to use the land under consideration;
(o) "permitted use" means a use that is listed within the permitted use classes set out in
the use zone tables of an authority''s development regulations;
(p) "prohibited use" means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority specifies as not permitted
within a use zone;
(q) "sign" means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as
a memorial, advertisements of local government, utilities and boarding or similar
structures used for the display of advertisements;
(r) "rear yard depth" means the distance between the rear lot line and the rear wall of the
main building on a lot;
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(s) "side yard depth" means the distance between the side lot line and the nearest side
wall of a building on the lot;
(t) "street" means a street, road, highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other emergency
vehicles;
(u) "street line" means the edge of a street reservation as defined by the authority having
jurisdiction;
(v) "use" means a building or activity situated on a lot or a development permitted on a
lot;
(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;
(x) "variance" means a departure, to a maximum of 10% from the yard, area, lot
coverage, setback, size, height, frontage or any other numeric requirement of the
applicable Use Zone Table of the authority''s regulations; and
(y) "zoning map" means the map or maps attached to and forming a part of the
authority''s regulations.
(2) An authority may, in its discretion, determine the uses that may or may not be developed in a
use zone and those uses shall be listed in the authority''s regulations as discretionary, permitted
or prohibited uses for that area.
Notice of right to appeal
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, notify the person to whom the
decision applies of the
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(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
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.
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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 forward to the
appropriate board a copy of the application being appealed, all correspondence, council minutes,
plans and other relevant information relating to the appeal including the names and addresses of
the applicant and other interested persons of whom the authority has knowledge.
(4) Upon receipt of the information under subsection (3), the secretary of the board shall publish
in a newspaper circulated in the area of the appropriate authority, a notice that the appeal has
been registered.
(5) A notice published under subsection (4) shall be published not fewer than 2 weeks before the
date upon which the appeal is to be heard by the board.
Development prohibited
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 subject of the appeal ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order under
section 102 of the Act, an authority shall not carry out work related to the matter being appealed.
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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 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 applicable development standards to a maximum of 10%
if, in the authority''s opinion, compliance with the development standards would prejudice the
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proper development of the land, building or structure in question or would be contrary to public
interest.
(2) An authority shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be made
with respect to the same land, building or structure, would have a cumulative effect that is
greater than a 10% variance even though the individual variances are separately no more than
10%.
(3) An authority shall not permit a variance from development standards where the proposed
development would increase the non conformity of an existing development.
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.
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 accordance 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
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application to vary the existing use of a non-conforming building, structure or development and
shall consider any representations or submissions received in response to that advertisement.
Non-conformance with standards
16. Where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not be
expanded if the expansion would increase the non-conformity and an expansion must comply
with the development standards applicable to that building, structure or development.
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
19. These regulations shall be considered to have come into force on January 1, 2001.
©©Earl G. Tucker, Queen's Printer
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SECTION B
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Town of Fogo Island Development Regulations.
2. Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to
them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings which are
commonly assigned to them in the context in which they are used in the
Regulations.
3. Commencement
These Regulations come into effect throughout the Fogo Island Municipal Planning Area,
hereinafter referred to as the Planning Area, on the date of publication of a notice to that
effect in the Newfoundland Gazette.
4. Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and
any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or
any other municipal regulations regulating or controlling the development, conservation
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and use of land in force in the Town of Fogo Island, shall, under these Regulations apply
to the entire Planning Area.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Fogo Island, which
has jurisdiction for planning matters under the Urban and Rural Planning Act, 2000, over
the Planning Area. The Planning Area Boundary has been established pursuant to
Newfoundland and Labrador Regulation 13/13 filed January 13, 2013, as encompassing
the area of the Town of Fogo Island and all islands within 800 metres of the shoreline of
the Town of Fogo Island. The Boundary is illustrated on the Land Use Zoning Map 1.
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PART I - GENERAL REGULATIONS
6. Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance with
these Regulations.
7. Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has been
issued by the Authority.
8. Permit to be Issued
Subject to Regulations 9 and 10, a permit shall be issued for development within the
Planning Area that conforms to:
(a)
the general development standards set out in Part II of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards,
requirements, and conditions prescribed in Schedule C of these Regulations for
the use zone in which the proposed development is located;
(b)
the standards set out in the Building Code and/or other ancillary codes, and any
Building Regulations, Waste Disposal Regulations, and/or any other municipal
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 advertisement;
(d)
the standards set out in Part IV of these Regulations in the case of subdivision;
(e)
the standards of design and appearance established by the Authority.
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9. Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the
Planning Area when, in the opinion of the Authority:
1. It is premature by reason of the site lacking adequate road access, power, drain-
age, sanitary facilities, or domestic water supply, or lacking adequate removal or
mitigation of hazardous materials or contaminants on the lot, or being beyond the
natural development of the area at the time of application unless the applicant
contracts to pay the full cost of construction of the services deemed necessary by
the Authority and such cost shall attach to and upon the property in respect of
which it is imposed, or,
2. The applicant is not able to demonstrate ownership of the lot upon which the
development is proposed.
3. The applicant is not able to provide building plans or other assurance that any
building or structure will be erected upon a competent permanent foundation
(except where specifically exempted as a temporary use such as a beach kiosk
erected for the season).
4. The applicant is not able to demonstrate the location of one or more lot
boundaries which are related to required yards, building lines, or other relevant
boundary matter involved in the proposed development. The Authority may
require the applicant to provide a plan of survey prepared by a Newfoundland
Land Surveyor to determine the location of such boundaries as are relevant to the
application at hand.
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10. Discretionary Powers of Authority
(1)
In considering an application for a permit or approval in principle to carry out
development, the Authority shall take into account the policies expressed in the
Municipal Plan and any further scheme, plan or regulations pursuant thereto, and
shall assess the general appearance of the development of the area, the amenity of
the surroundings, 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 consideration of the matters
set out in this Regulation, conditionally approve or refuse the application.
(2)
An Authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the Authority's
regulations as discretionary, permitted or prohibited uses for that area
11. Variances
(Refer to Minister's Development Regulations, Section 12, January 2, 2001)
(1)
Where an approval or permit cannot be given by the Authority because a
proposed development does not comply with development standards set out in
development regulations, the Authority may, in its discretion, vary the applicable
development standards to a maximum of 10% if, in the Authority's opinion,
compliance with the development standards would prejudice the proper
development of the land, building or structure in question or would be contrary to
public interest.
(2)
The Authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
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would have a cumulative effect that is greater than a 10% variance even though
the individual variances are separately no more than 10%.
(3)
The Authority shall not permit a variance from development standards where the
variance is specifically prohibited in this Development Regulation, or if the
proposed development would increase the non conformity of an existing
development.
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, at the expense of the applicant, 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 fourteen days before the Authority convenes to consider
the proposal.
13. Service Levy
(1)
The Authority may require a developer to pay a service levy where development
is made possible or where the density of potential development is increased, or
where the value of property is enhanced by the carrying out of public works either
on or off the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Authority of constructing or improving the public works referred to
in Regulation 13(1) that are necessary for the real property to be developed in
accordance with the standards required by the Authority and for uses that are
permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
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(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 development to
make such financial provisions and/or enter into such agreements as may be
required to guarantee the payment of service levies, ensure site reinstatement, and
to enforce the carrying out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the form
of:
(a)
a cash deposit from the developer, to be held by the Authority, or;
(b)
a guarantee by a bank, or other institution acceptable to the Minister, for
expenditures by the developer, or;
(c)
a performance bond provided by an insurance company or a bank, or;
(d)
an annual contribution to a sinking fund held by the Authority, or;
(f)
another form of financial guarantee that the Authority may approve.
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15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, the Authority
may require the dedication of a percentage of the land area of any subdivision or other
development for public use, and such land shall be conveyed to the Authority in
accordance with the provisions of the Act.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Authority may order the developer, the occupier of the site, or the owner or all of them to
reinstate the site, to remove all or any buildings or erections, to cover or fill all wells or
excavations, and to close all or any accesses, or to do any of these things or all of them,
as the case may be, and the developer, occupier or owner shall carry out the order of the
Authority and shall put the site in a clean and sanitary condition to the satisfaction of the
Authority.
17. Form of Application
(1)
An application for a development permit or approval in principle shall be made
only by the owner or by a person authorized by the owner to the Authority on
such form as may be prescribed by the Authority, and every application shall
include such plans, specifications and drawings as the Authority may require, and
be accompanied by the permit fee required by the Authority.
(2)
The Authority shall supply to every applicant a copy of the application forms
referred to in Regulation 17(1) and a description of the plans, specifications and
drawings required to be provided with the application and any information or
requirements applicable to the application.
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18. Register of Application
The Authority shall keep a public register of all applications for development, and shall
enter therein the Authority's decision upon each application and the result of any appeal
from that decision.
19. Deferment of Application
(1)
The Authority may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations which have
not been determined by the Authority and on which a decision has not been com-
municated to the applicant within eight weeks of the receipt thereof by the
Authority, and on which consideration 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 Regulations, it is satisfied that the proposed develop-
ment is, subject to the approval of detailed plans, in compliance with these
Regulations.
(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.
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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 together 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
obtaining permits or approvals under any other regulation or statute 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 proposed development will be in
accordance with the purposes and intent of these Regulations.
(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 exceeding 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 one year, but a permit shall not be renewed
more than once, except in the case of a permit for an advertisement, which may be
renewed in accordance with 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 requiring the correction of errors,
or from ordering the cessation, removal of, or remedial work on any development
being carried out in the event that the same is in violation of this or any other
regulations or statute.
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(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 specifications upon which a
permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter or thing in
being done for which a permit has been issued, a copy of the permit and any
plans, drawings or specifications on which the issue of the permit was based
during the whole progress of the work, or the doing of the matter or thing until
completion.
22. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions 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 appeal.
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24. Appeal Requirements
( Refer to Minister's Development Regulations, Section 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 appropriate
Appeal Board.
(2)
The fee required under section 44 of the Act shall be paid to the Appeal Board
that hears the decision being appealed by filing it with the secretary referred to in
subsection (1) or (2) within the 14 days referred to in subsection 42(4) of the Act.
(3)
The Appeal Board that hears the decision being appealed shall, subject to
subsection 44(3) of the Act, retain the fee paid to the Appeal Board.
(4)
Where an appeal of a decision and the required fee is not received by an Appeal
Board in accordance with this section and Part VI of the Act, the right to appeal
that decision shall be considered to have been forfeited.
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 related to the appeal.
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(3)
Where the Authority has been notified of an appeal that Authority shall within
one week of notification forward to the appropriate board a copy of the
application being appealed, all correspondence, council minutes, plans and other
relevant information relating to the appeal including the names and addresses of
the applicant and other interested persons of whom the Authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate Authority, a
notice that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
26. Development Prohibited
(Refer to Minister's Development Regulations, Section 8, January 2, 2001)
(1)
Immediately upon notice of the registration of an appeal the Authority shall
ensure that any development upon the property that is the subject of the appeal
ceases.
(2)
Sections 102 and 104 of the Act apply to the Authority acting under subsection
(1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, the Authority shall not carry out work related
to the matter being appealed.
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27. Appeal Board
(1)
The minister may, by order, establish an Appeal Board and shall assign to the
Appeal Board a specific area of the province over which it shall have jurisdiction,
as outlined in section 40, of the Act.
28. Appeals
(1)
A person or an association of persons aggrieved of a decision that, under the
regulations, may be appealed, may appeal that decision to the appropriate Appeal
Board where the decision is with respect to:
(a) an application to undertake a development;
(b) a revocation of an approval or a permit to undertake a development;
(c) the issuance of a stop work order; and
(d) a decision permitted under the Act or another Act to be appealed to the board.
(2)
A decision of the Authority to adopt, approve or proceed with a municipal plan, a
scheme, development regulations and amendments and revisions of them is final
and not subject to an appeal.
(3)
An Appeal Board shall not make a decision that does not comply with the
municipal plan, a scheme and development regulations that apply to the matter
being appealed.
(4)
An appeal shall be filed with the Appeal Board not more than 14 days after the
person who made the original application appealed from has received the decision
being appealed.
(5)
An appeal shall be made in writing and shall include
(a) a summary of the decision appealed from;
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(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 appeal in the
manner it considers necessary to reach a decision.
(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 regard to the circumstances and merits of the
case.
(9)
A decision of the Appeal Board must comply with the plan, scheme or
development regulations that apply to the matter that has been appealed to that
board.
(10)
In determining an appeal, an Appeal Board may confirm, reverse or vary the
decision appealed from and may impose those conditions that the board considers
appropriate in the circumstances and may direct the Authority to carry out its
decision or make the necessary order to have its decision implemented.
(11)
Notwithstanding subsection (10), where the Authority may, in its discretion, make
a decision, an Appeal Board shall not make another decision that overrules the
discretionary decision.
(12)
The decision of a majority of the members of an Appeal Board present at the
hearing of an appeal shall be the decision of the Appeal Board.
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(13)
An Appeal Board shall, in writing notify the appellant and the appropriate
Authority of the decision of the Appeal Board.
29. Hearing Notice and Meetings
(Refer to Minister's Development Regulations, 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 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, Section 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 Appeal Board and make representations
with respect to the matter being appealed.
(2)
An Appeal Board shall hear an appeal in accordance with section 43 of the Act
and these regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be considered to have been provided in the same
manner as evidence directly provided at the hearing of the Appeal Board.
(4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
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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 Regulation 49, or
when the development proposed is listed as a discretionary use in Schedule C of
the Regulations, the Authority shall, at the expense of the applicant, give notice of
an application for a permit or for approval in principle, by public advertisement in
a newspaper circulating in the area, at least fourteen days before the Authority
convenes to consider the proposal.
(2)
When a variance is necessary under Regulation 11, and the Authority wishes to
consider whether to authorize such a variance from development standards, the
Authority shall, at the expense of the applicant, give written notice of the
proposed variance to all persons whose land is in the immediate vicinity of the
land that is the subject of the variance, at least fourteen days before the Authority
convenes to consider the proposal.
(3)
Where an approval or permit can be given by the Authority because a proposed
development does comply with development standards set out in development
regulations, where no change of a non-conforming use, variance or discretionary
approval is involved, no public notice shall be required.
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33. Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land
and may at all reasonable times enter any development or building upon the land for the
purpose of making surveys or examinations or obtaining information relative to the
carrying out of any development, construction, alteration, repair, or any other works
whatsoever which the Authority is empowered to regulate.
34. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to
his knowledge and report that violation to the Authority.
35. Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, the Authority may order that person to stop the development or work
connected therewith pending final adjudication 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, Section 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.
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PART II - GENERAL DEVELOPMENT STANDARDS
37. Accesses and Service Streets
(1)
Access shall be located to the specification of the Authority so as to ensure the
greatest possible convenience and safety of the street system and the Authority
may prescribe the construction of service streets to reduce the number of accesses
to collector and arterial streets.
(2)
No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
38. Accessory Buildings and Uses
(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)
Unless specifically provided in Schedule C, accessory buildings shall be located
in the rear yard or side yard on the lot, except where topography or natural or built
features on the lot or the street(s) providing access to the lot make it practically
impossible to locate an accessory building in a side or rear yard. In such cases, a
discretionary use may be approved which would allow accessory buildings to be
built in those portions of the existing front yard which are adjacent to each side lot
line, each said portion lying between the side lot line and an extension of the
existing side yard line on that side of the lot leading most directly to the street
line. To illustrate the concept for simple rectangular and irregularly shaped lots,
refer to the following sketches:
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Areas A, B, and C
together is the
existing front yard on
the lot.
Side
yard
STREET
B
Side
yard
A
C
Existing
Dwelling
Extensions of
existing side yards to
the street line most
directly in front of
the dwelling.
Extensions are
parallel to each other,
but not necessarily
parallel to any lot
line.
IRREGULAR LOT
STREET
Rear
yard
SIMPLE RECTANGULAR LOT
Existing
front yard
Existing
dwelling
Side
yard
B
A
Rear
yard
Accessory buildings may
(as a discretionary use) be
located in areas B and C,
but not in area A.
Side
yard
C
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Notwithstanding the foregoing, open sided or "see-through" accessory buildings
in which there is only a ground level structure (or where side walls are not
sheathed and in which the framing or supports of a roof provide for minimal
blocking of the view of the dwelling structure from the street), such as gazebos,
ground level decks with sun roofs, or carports with open sides and not attached to
the main building, may be approved as a discretionary use for location anywhere
in an existing front yard.
(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
A development in any Use Zone shall not be located within a buffer strip 15 metres in
width measured from the centreline of any Public Trail designated on the Zoning Maps
attached to and forming part of these Development Regulations.
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41. Building Height
The Authority may permit the erection of buildings of a height greater than that specified
in Schedule C, except where specifically prohibited in Schedule C, but in such cases the
building line setback and rearyard requirements shall be varied as follows:
(1)
The building line setback shall be increased by 2 metres for every 1 metre
increase in height.
(2)
The rearyard shall not be less than the minimum building line setback calculated
as described in (1) above plus 6 metres.
42. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed
street or service street and may require any new buildings to be located on those building
lines, whether or not such building lines conform to the standards set out in the tables in
Schedule C of these Regulations.
43. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequate in
size to accommodate the number of persons living in the group, inclusive of staff,
provided that in the opinion of the Authority, the use of the dwelling does not materially
differ from, nor adversely affect, the amenities of the adjacent residences, or the
neighbourhood in which it is located. The Authority may require special access and
safety features to be provided for the occupants before occupancy is permitted.
44. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be waived,
except where specifically prohibited in Schedule C, in the case of communication masts
and antennae, wind turbines, flagpoles, water towers, spires, belfries, or chimneys, but
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any such waiver which results in an increase of more than 10% of the permitted height of
the structure shall only be authorized under the provisions of Regulation 11 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 requirements:
(a)
The structure shall be at least 600 m from a Provincial or Federal Park or a
residence (except a farm residence or a residence which is a non-
conforming use in any zone in which agriculture is a permitted use class in
the Use Zone Tables in Schedule C of these Regulations).
(b)
The structure shall be at least 60 m from the boundary of the property on
which it is to be erected.
(c)
The structure shall be at least 90 m from the centre line of a street.
(d)
The erection of the structure shall be approved by the Department of
Forest, Resources and Agrifoods and the Department of Environment &
Conservation.
(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. Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage or
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lot area that is less than that permitted by these Regulations for the zone in which
such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a yard,
it shall continue to be so used regardless of any change in the ownership of the lot
or any part thereof, and shall not be deemed to form part of an adjacent lot for the
purpose of computing the area thereof available for building purposes.
47. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already
exist in any zone, with insufficient frontage or area to permit the owner or purchaser of
such a lot or lots to comply with the provisions of these Regulations, then these
Regulations shall not prevent the issuing of a permit by the Authority for a development
thereon, provided that the lot coverage and height are not greater than, and the yards and
floor area are not less than, the standards set out in these Regulations.
48. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these
Regulations, or as provided for in Section 61 for flag lots, no building shall be erected
unless the lot on which it is situated fronts directly onto a street.
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 under this
Urban and Rural Planning Act, 2001, the Authority shall, in accordance with
regulations made under this Act, allow a development or use of land to continue
in a manner that does not conform with a regulation, scheme, or plan that applies
to that land provided that the non-conforming use legally existed before the
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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 discontinuance 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 regulations applicable to it;
(e)
may have the existing building extended by approval of the Authority
where, in the Authority's opinion, the extension is not more than 50% of
the existing building;
(f)
where the non-conformance is with respect to the standards included in
these development regulations, shall not be expanded if the expansion
would increase the non-conformity and an expansion must comply with
the development standards applicable to that building, structure or
development;
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(g)
where the building or structure is primarily zoned and used for residential
purposes, it may, in accordance with the municipal plan and regulations,
be repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed but the residential building or structure, where being
repaired or rebuilt, must be repaired or rebuilt in accordance with the plan
and development regulations applicable to that building or structure.
(4)
Before making a decision to vary an existing use of a non-conforming building,
structure or development, the Authority, at the applicant's expense, shall publish a
notice in a newspaper circulating in the area or by other means give public notice
of an application to vary the existing use of a non-conforming building, structure
or development and shall consider any representations or submissions received in
response to that advertisement.
50. Offensive and Dangerous Uses
(1) No building or land shall be used for any purpose which may be dangerous by
causing or promoting fires or other hazards or which may emit noxious, offensive or
dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or
vibration, or create any nuisance that has an unpleasant effect on the senses unless its use
is authorized by the Authority and any other Authority having jurisdiction.
(2) No derelict or substandard building or structure shall be moved onto a lot for the
purpose of development unless the approval of the Authority has been granted by way of
a development agreement, such that the building or structure will be required to be
renovated or rebuilt to required standards, including roof, walls, doors and windows,
within a set time limit, after which the Authority shall be entitled to order the building or
structure to be removed or demolished, failing which the Authority shall be entitled to
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remove the same and recover expenses from the owner and to terminate any access to
municipal water, sewer and street.
51. Offstreet Parking Requirements
(1)
For every building, structure or use to be erected, enlarged or established, there
shall be provided and maintained a quantity of off-street parking spaces sufficient
to ensure that the flow of traffic on adjacent streets is not impeded by the on-street
parking of vehicles associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use or
occupancy shall conform to the standards set out in Schedule D of these
Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings, shall be
made accessible by means of a durably surfaced right-of-way at least 3 m in
width. Parking required shall be provided on the same lot as the building,
structure, use or occupancy, except where an instrument such as an easement,
license or agreement between owners and the Authority permits otherwise (in
such instruments, the Authority shall be a named party and the instrument shall be
registered so as to run with the land). Parking space for apartments shall be
provided in the rear yard where possible.
(4)
The parking facilities required by this Regulation shall, except in the case of
single or attached dwellings, be arranged so that it is not necessary for any vehicle
to reverse onto or from a street. This requirement shall not apply to an existing
building, structure, use or occupancy.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted:
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(a)
parking space shall mean an area of land, not less than 2.5 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 areas, and the lanes or aisles in a
parking area which give access to parking spaces shall be at least 6 m
wide;
(b)
the parking area shall be constructed and maintained to the specifications
of the Authority;
(c)
the lights used for illumination of the parking area shall be so arranged as
to divert the light away from adjacent development;
(d)
a structure, not more than 3 m in height and more than 5 m² in area may be
erected in the parking area for the use of attendants in the area;
(e)
except in zones in which a service station is a permitted use, no gasoline
pump or other service station equipment shall be located or maintained on
a parking area;
(f)
no part of any off-street parking area shall be closer than 1.5 m to the front
lot line in any zone;
(g)
access to parking areas which are not on the same lot as the building,
structure, use or occupancy shall be across land which is in the same Use
Zone;
(h)
where a parking area is located such that vehicles may freely pass across
adjacent lots rather than to a public street, the Authority may require a
durable natural or structural barrier at least 1 m in height to be erected and
maintained along all lot lines where prevention is required;
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(i)
where, in the opinion of the Authority, strict application of the above
parking requirements is impractical or undesirable, the Authority may as a
condition of a permit require the developer to pay a service levy in
accordance with these Regulations in lieu of the provision of a parking
area, and the full amount of the levy charged shall be used by the
Authority for the provision and upkeep of alternative parking facilities
within the general vicinity of the development.
52. Off-Street Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or established
requiring the shipping, loading or unloading of animals, goods, wares or
merchandise, there shall be provided and maintained for the premises loading
facilities on land that is not part of a street comprised of one or more loading
spaces, 15 m long, 4 m wide, and having a vertical clearance of at least 4 m with
direct access to a street or with access by a driveway of a minimum width of 6 m
to a street.
(2)
The number of loading spaces, if any, to be provided shall be determined by the
Authority.
(3)
The loading facilities required by this Regulation shall be so arranged that
vehicles can manoeuvre clear of any street and so that it is not necessary for any
vehicle to reverse onto or from a street.
53. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any use zones provided that such parks and
playgrounds are not located in areas where traffic or physical characteristics of the site
may be hazardous to their users.
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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 application giving details of the landscaping or
screening, and these Regulations shall then apply to that application. The provision of
adequate and suitable landscaping or screening may be made a condition of any
development permit where, in the opinion of the Authority, the landscaping or screening
is desirable to preserve amenity, or protect the environment.
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, adequate to protect the character and appearance of the area.
56. Service Stations
The following requirements shall apply to service station development:
(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.
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57. Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the exposed
sides of every building in order to provide access for the maintenance of that building.
58. Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Authority.
59. Subsidiary Apartments
One subsidiary apartment is permitted in a single dwelling structure, or in an accessory
building on the same lot in which case it is deemed to be a permitted accessory use, and
for the purposes of calculating lot area, lot coverage and yard requirements, shall be
considered part of the self-contained dwelling. Subsidiary apartments in accessory
buildings shall be connected to water and sewer services. The connection to the water
supply may be made by extension of water service from or within the main building or
direct connection to a public water line or other source, which may include on-site
capture of precipitation. The connection to a public sewer shall be achieved directly to
the public sewer and not involving any form of interconnection with the sewer
connecting the main building or any other building to the public sewer. Sewage disposal
may be accomplished by an on-site sewage disposal system, which may be arranged by
directing the wastewater to a common on-site system or an on-site system serving only
the subsidiary apartment, in any case subject to approval of the proposed on-site sewage
disposal system by the authorities having jurisdiction in that respect.
60. Unsubdivided Land
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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 Lot Requirements
(1)
The Authority may, at its discretion, approve the erection of structures which are
designed to form part of a zero lot line development or other comprehensive
layout which does not, with the exception of dwelling unit floor area, meet the
requirements of the Use Zone Table in Schedule C, provided that 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 requirement 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 required. 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 minimum 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 provides access to a street shall be 5 metres at every point
along its length, including the lot boundary where the flag lot fronts directly on a
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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 license or easement in favour of the flag lot, across the
abutting land. The said license or easement shall not be deemed for the purpose
of Section 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 requirement 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.
62. Environmental Buffer Along Water Bodies; Protection of Fish Habitat
Any development within a body of water, including streams, rivers, ponds and wetlands,
and within 15 metres of the high water marks thereof, shall be subject to approval under
Section 48 of the Water Resources Act, in addition to any requirements of the
Development Regulations. Further, development associated with water bodies shall be
carried out in conformance with the requirements of the federal Fisheries Act and the
Guidelines for Protection of Fish Habitat and other guidelines provided by the
Department of Fisheries and Oceans Canada.
Subject to the requirements of the first paragraph, the following may be approved in any
area: wharves and sheds along the coast to allow for traditional small scale marine
operations; drainage or filling in of poorly drained areas in order to make them suitable
for development; and, public works and utilities. Notwithstanding the permissibility of
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development of wharves and sheds or any other structure along the seacoast, infill of
coastal waters shall be limited to the footprint of the structure or feature constructed in
the sea, and shall not have the effect of extending the land beyond what is required for the
construction within the footprint of the structure and shall not create a hazard to
watercraft moving in navigable water, or encroach on the seabed related to the marine
access to an adjacent structure.
63. Landscaping and Screening
(a)
Landscaping and screening may be required for any development in a
manner determined by Council:
i)
To provide a visual screen between different or
incompatible uses;
ii)
To provide a noise barrier;
iii)
To provide for attractive visual continuity between
developments, to provide for visual integrity or identity of an area;
iv)
To add to the attractiveness of a development.
(b)
Landscaping and screening shall be provided in accordance with the provisions
below:
i)
A three metre landscaped area or a screen at least 1.8 metres in height
shall be provided where a commercial, industrial, or public use not
involving outdoor storage of equipment, materials or parking of vehicles,
adjoins a residential use.
ii)
Opaque screening in the form of a solid fence 2 metres high shall be
provided along any lot line or part thereof, to mitigate the view from any
adjacent residential uses of outdoor storage of equipment, materials or
parking of vehicles on a lot on which the main use is not a residential use.
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64. Keeping of Animals
Keeping of small animals customarily kept as household pets is permitted. In addition,
chickens, ducks, geese or other poultry may be kept, up to a total of 25 birds.
65. Fences Along Streets
A fence may be erected in any yard of any lot provided that:
it is entirely located on the lot and so as to not encroach upon any street or abutting
lot;
it may be built on a lot line, in which case the Authority may require proof of the
location of the lot line, and,
it has a height of no more than 2 metres, including any ornamentation or projections
above the general upper line of the fence, except as otherwise provided in any Use
Zone.
66. Use of Surplus Material from Excavation
Removal of quarry material from a lot, where the material is surplus to the requirements
of a development, is permitted as a temporary use provided that a quarry permit has been
approved by the Department of Natural Resources.
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PART III - ADVERTISEMENTS
67. Permit Required
Subject to the provisions of Regulation 67, no advertisement shall be erected or displayed
in the Planning Area unless a permit for the advertisement is first obtained from the
Authority. Permits for erection or display of advertisement on Provincial Highways shall
be obtained from the appropriate department of the Government of Newfoundland and
Labrador, in addition to a development permit approved by the Authority.
68. Form of Application
Application for a permit to erect or display an advertisement shall be made to the
Authority in accordance with Regulation 17.
69. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any
highway or street reservation.
70. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement
shall be for a limited period, not exceeding two years, but may be renewed at the
discretion of the Authority for similar periods.
71. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the
removal of any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination, or structural
condition, or;
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(b)
detrimental to the amenities of the surrounding area.
72. 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 m² in area;
(b)
on an agricultural holding or farm, a notice board not exceeding 1 m² in area and
relating to the operations being conducted on the land;
(c)
on land used for forestry purposes, signs or notices not exceeding 1 m² 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
m² in area relating to the operation conducted on the land;
(e)
on land used for professional practice(s), one nameplate not exceeding 0.2 m² in
area in connection with the practice of a professional person carried on at that lot;
(f)
on any site occupied by a church, school, library, art gallery, museum, institution
or cemetery, one notice board not exceeding 1 m² in area;
(g)
on the principal facade of any commercial, industrial or public building, the name
of the building or the name of the occupants of the building, in letters not
exceeding one-tenth of the height of that facade or 3 m, whichever is the lesser;
(h)
on any parking lot directional signs and one sign not exceeding 1 m² in
size, identifying the parking lot.
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73. Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply
with the appropriate conditions and specifications set out in the Use Zone Tables in
Schedule C of these Regulations.
74. Non-Conforming Uses
Notwithstanding the provisions of Regulation 62, a permit may be used for the erection
or display of advertisements on a building or within the courtyard of a building or on a
parcel of land, the use of which is a non conforming use, provided that the advertisement
does not exceed the size and type of advertisement which could be permitted if the
development was in a Use Zone appropriate to its use, and subject to any other conditions
deemed appropriate by the Authority.
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PART IV - SUBDIVISION OF LAND
75. 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.
76. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Authority have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system.
77. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Authority for connection to services,
utilities and streets deemed necessary for the proper development of the subdivision, and
all service levies and other charges imposed under Regulations 13 and 14.
78. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Authority shall,
without limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
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(d)
the land use, physical form and size of buildings anticipated to be developed on
the new lots and the character of adjacent 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;
(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;
(i)
natural features such as lakes, streams, topsoil, trees and shrubs;
(j)
prevailing winds;
(k)
visual quality;
(l)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
79. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building
permit shall be obtained for each building proposed to be erected in the area of the
subdivision, and no building permit for any building in the area shall be issued until the
developer has complied with all the provisions of these Regulations with respect to the
development of the subdivision.
80. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in
accordance with Regulation 17.
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82. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
83. Building Lines
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines. In the case of flag lots which would be
created in the subdivision, the building lines will not necessarily be parallel to the street
line but will reflect the appropriate location and orientation of buildings and yards in the
main body of the flag lot.
84. Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate to the
Authority, at no cost to the Authority, an area of land equivalent to not more than
10% of the gross area of the subdivision or 25 m² for every dwelling unit per-
mitted in the subdivision, whichever is the greater, for public open space,
provided that:
(a)
where land is subdivided for any purpose other than residential use, the
Authority shall determine the percentage of land to be dedicated;
(b)
if, in the opinion of the Authority, no public open space is required, the
land may be used for such other public use as the Authority may
determine;
(c)
the location and suitability of any land dedicated under the provisions of
this Regulation shall be subject to the approval of the Authority but in any
case, the Authority shall not accept land which, in its opinion is incapable
of development for any purpose;
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(d)
the Authority may accept from the developer in lieu of such area or areas
of land the payment of a sum of money equal to the value of the land
which would otherwise be required to be dedicated;
(e)
money received by the Authority in accordance with Regulation 78(1)(d)
above, shall be reserved by the Authority for the purpose of the acquisition
or development of land for public open space or other public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Authority and may be sold or leased by the Authority for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall be
applied against the cost of acquisition or development of any other land for the
purposes of public open space or other public purposes.
(3)
The Authority may require a strip of land to be reserved and remain undeveloped
along the banks of any river, brook or pond, and this land may, at the discretion of
the Authority, constitute the requirement of land for public use under Regulation
78(1).
85. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, or sign post) shall receive
the prior approval of the Authority which shall be satisfied on the question of safe
construction and relationship to the adjoining buildings and other structures within the
street reservation.
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86. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations
unless the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter to the lot
lines of not less than 30 m.
(c)
The maximum length of any cul de sac shall be 300m in areas served by or
planned to be served by municipal piped water and sewer services, as shown in
the map and letter of agreement signed by the Municipality and the Minister of
Municipal Affairs in connection with municipal five-year capital works program
eligibility.
(d)
Emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall
connect the head of the cul de sac with an adjacent street.
(e)
No cul de sac shall be located so as to appear to terminate a public highway,
except where permitted by the Province of Newfoundland and Labrador.
(f)
New subdivisions shall have street connections with an existing street or streets.
(g)
All street intersections shall be constructed within five degrees of a right angle
and this alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(i)
No more than four streets shall join at any street intersection.
(j)
No residential street block shall be longer than 490 m between street intersections.
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(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
Reservation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Arterial and Collector
Street (extensions of
numbered provincial
highways)
20 m
12 m
1.5 m
discretion
of Council
Local Streets:
15 m
9 m
1.5 m
discretion
of Council
(l)
A lot intended for residential purposes shall be, or be capable of being, graded so as to
provide motor vehicle access to a public street, at a driveway grade not exceeding
15% on the lot, nor exceeding 8% in the space between the travelled surface of
the street and the lot line at the street.
(m)
Residential lots shall not be permitted which abut a local street at both front and rear lot
lines.
(n)
The Authority may require any existing natural, historical or architectural feature or part
thereof to be retained when a subdivision is developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land, and each lot shall be laid out so as to maximize the usefulness of
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the land to the eventual occupant, with regard to positioning of buildings,
driveways, and outdoor storage and activity areas. Further, where a newly created
lot is located in an area which is serviced with central water or central sewer
services or both, or is located in an area which the Town of Fogo Island intends to
eventually service with one or both of the said services, such a lot shall if feasible
be made sufficiently large and structures erected thereon shall be positioned, so
that the lot will be able to be further subdivided when such service(s) are
constructed, and further development of main uses thus be made possible on the
further new lot;
(p)
No more than two legs or prolongations of flag lots shall abut at the street line.
87. Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters and
catch basins and all other utilities deemed necessary by the Authority to service
the area proposed to be developed or subdivided shall be designed and prepared
by or approved by the Engineer. Such designs and specifications shall, upon
approval by the Authority, be incorporated in the plan of subdivision.
(2)
Upon approval by the Authority of the proposed subdivision, the Engineer shall certify
all work of construction layout preliminary to the construction of the works and
thereupon the developer shall proceed to the construction and installation, at his
own cost and in accordance with the approved designs and specifications and the
construction layout certified by the Engineer, of all such water mains,
hydrants, sanitary sewers and all appurtenances and of all such streets and other
works deemed necessary by the Authority to service the said area.
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88. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's reasonable and customary fees
and charges for the preparation of designs and specifications and for the layout and
supervision of construction.
89. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and
paving specified by the Authority as being necessary, may, at the Authority's discretion,
be deferred until a later stage of the work on the development of the subdivision but the
developer shall deposit with the Authority before approval of his application, an amount
estimated by the Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the work of development, the Authority
shall call for tenders for the work of construction and installation of the works, and the
amount so deposited by the developer shall be applied towards payment of the contract
cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the
amount of the excess. If the contract price is less than the deposit, the Authority shall
refund the amount by which the deposit exceeds the contract price. Any amount so
deposited with the Authority by the developer shall be placed in a separate savings
account in a bank and all interest earned thereon shall be credited to the developer.
90. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land and upon request
of the Authority, transfer to the Authority, at no cost to the Authority, and clear of
all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided which are
approved and designated by the Authority for public uses as streets, or
other rights-of-way, or for other public use;
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(b)
all services or public works including streets, water supply and
distribution and sanitary and storm drainage systems installed in the
subdivision that are normally owned and operated by the Authority.
(2)
Before the Authority shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets,
services and public works installed in the subdivision and certify his satisfaction
with their installation.
(3)
The Authority shall not provide maintenance for any street, service or public work in any
subdivision until such time as such street, service or public work has been
transferred to and accepted by the Authority.
91. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Authority is
satisfied that:
(a)
the lot can be served with satisfactory water supply and sewage disposal systems, and;
(b)
satisfactory access to a street is provided for the lots.
92. Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building types
and for landscaping in order to enhance the visual aspects of the completed
development and to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by the Authority, shall not be changed without
written application to and subsequent approval of the Authority.
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PART V - USE ZONES
93. Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use Zones which
are shown on the Zoning Maps attached to and forming part of these Regulations.
(2)
Subject to Subsection (3), the permitted use classes, discretionary use classes, standards,
requirements and conditions applicable to each Use Zone are set out in the Use
Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not set out in
the Use Zone Tables in Schedule C, the Authority may in its discretion, determine
the standards, requirements and conditions which shall apply.
94. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in
Schedule C shall be determined by the Authority in accordance with the classification
and examples set out in Schedule B.
95. Permitted Uses
(1)
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out
in the appropriate Use Zone Table in Schedule C shall be permitted by the
Authority in that Use Zone.
(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 under that title shall be permitted,
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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.
96. Discretionary Uses
1. Subject to these Regulations, the uses that fall within the Discretionary Use Classes set
out in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone
if the Authority is satisfied that the development would not be contrary to the general
intent and purpose of these Regulations, the Municipal Plan, or any further scheme or
plan or regulation pursuant thereto, and to the public interest, and if the Authority has
given notice of the application in accordance with Regulation 32 and has considered any
objections or representations which may have been received on the matter.
2. 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).
97. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set
out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use
Zone.
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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:
A detached subordinate building, 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, and shall include:
(i)
one subsidiary apartment developed in a detached building where the main
building on the lot is a residential use;
(ii)
for residential uses, subsidiary apartments as stated in (i), domestic garages,
carports, ramps, sheds, swimming pools, greenhouses, cold frames, fuel sheds,
vegetables storage cellars, shelters for domestic pets or radio and television
antennae,
(iii)
for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks.
(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.
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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; excluding such things employed
wholly as a memorial, or functional advertisement of Councils, or other local authorities, public
utilities and public transport undertakers, and including any boarding or similar structure used or
adapted for use for the display of advertisements.
AGRICULTURE: 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 accordingly.
AMUSEMENT USE: The use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pinball games and slot
machine arcades and billiard and pool halls.
ANIMAL UNIT: Any one of the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
1 cow (including calf);
100 female mink (including associated males and kits);
4 dogs;
4 goats;
4 hogs (based on 453.6 kg = 1 unit);
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1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
500 turkeys, ducks, geese (based on 2,268 kg = 1 unit).
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, if any, in the Municipal Plan or on the
Zoning Map.
AUTHORITY: The Town Council of Fogo Island.
BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons
other than the immediate family of the owner or tenant.
BUILDING: Every structure, erection, excavation, alteration or improvement whatsoever placed
on, over or under land, or attached, anchored or moored to land, and includes mobile structures,
vehicles and marine vessels adapted or constructed 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
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(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in
any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof. (Refer to Minister's
Development Regulations, 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)
BUILDING LINE SETBACK: see Front Yard Depth.
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 services
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 include a school as defined by the Schools
Act.
DEVELOPMENT: The carrying out of any building, engineering, mining or other operations
in, on, over, or under land, or the making of any material change in the use, or the intensity of
use of any land, buildings, or premise and without limiting the generality of the foregoing, shall
specifically include:
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(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 accommodation, for any period of time;
and shall exclude:
(d)
the carrying out of works for the maintenance, improvement or other alteration or any
building, being works which affect only the interior of the building or which do
not materially affect the external appearance or use of the building;
(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 sewers, 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
enacted by the relevant Authority.
DISCRETIONARY USE: A use that is listed within the discretionary use classes established 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 or successor in title.
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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 containing 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 finished surface of the
ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure, exclusive of
any artificial embankment or entrenchment. (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, facilities called "Family and Group Homes", "Group
Homes", "Halfway Houses", and "Foster Homes".
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 perpetual license or easement across another lot so as to gain access to a street may
constitute part or all of the leg or prolongation of a flag lot. A flag lot is so named because its
shape in a simple rectangular configuration resembles a flag on a pole, where the main body of
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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). To illustrate the concept:
RECTANGULAR SHAPE
b
lot
lot
STREET
lot
lot
a
STREET
lot
b
lot
a
IRREGULAR SHAPE
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 building 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. This has the same meaning as "building line setback" as used in the
use zone tables.
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GARAGE: A building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up,
demolishing, or treating any article, commodity or substance. "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 involving the
use of materials or processes which because of their inherent characteristics, 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 purposes, or whose
liberty is restricted, or;
(b)
require special care or treatment because of age, mental or physical limitations 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.
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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 Municipal Plan, or on the Zoning Map.
LODGING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons 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, January 2, 2001)
MINERAL WORKING: Land or buildings used for the exploration, working or extraction 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 accordance with the
construction standards laid down and all other applicable 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;
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(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 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 classified 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 responsibility 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 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. (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.
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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 use classes set out in the use
zone tables of an Authority's development regulations. ( Refer to Minister's Development
Regulations, January 2, 2001)
PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working.
PROHIBITED USE: means a use that is not listed in a use zone within the permitted use classes
or discretionary use classes or a use that an Authority specifies as not permitted within a use
zone. (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)
RESTAURANT: A building or part thereof, designed or intended to be used or occupied for the
purpose of serving the general public with meals or refreshments for consumption on the
premises.
ROW DWELLING: Three or more dwelling units at ground level in one building, each unit
separated vertically from the others.
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.
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SHOP: A building or part thereof used for retail trade wherein the primary purpose is the selling
or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of
retail services but does not include an establishment wherein the primary purpose is the serving
of meals or refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE: A group of shops and complementary uses with integrated parking and
which is planned, developed and designed as a unit containing a minimum of 5 retail establish-
ments.
SHOWROOM: A building or part of a building in which samples or patterns are displayed and
in which orders may be taken for goods, wares or merchandise, including vehicles and
equipment, for later delivery.
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, utilities and boarding or similar structures used for the
display of advertisements.(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 Authority having
jurisdiction. (Refer to Minister's Development Regulations, January 2, 2001)
SUBDIVISION: The dividing of any land, whether in single or joint ownership, into two or
more pieces for the purpose of development.
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SUBSIDIARY APARTMENT: A separate dwelling unit constructed within a self-contained
dwelling or in an accessory building.
TAKE-OUT FOOD SERVICE: A building in which the primary purpose is the preparation and
sale of meals or refreshments for consumption off the premises.
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 coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use Zone
Table of the Authority's regulations. (Refer to Minister's Development Regulations, January 2,
2001)
WIND ENERGY SYSTEM or WIND TURBINE: means a mechanical system for the
conversion of wind energy to useful electrical or mechanical energy; a typical wind energy
system consists of a tower supporting a rotating apparatus including a rotor, generator or
mechanical drives, and ancillary devices related to the control and maintenance of the system.
ZONING MAP: The map or maps attached to and forming part of the Authority's regulations.
(Refer to Minister's Development Regulations, January 2, 2001)
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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 Occupancies 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 production and
viewing of the per-
forming arts.
(a) Theatre
Motion Picture
Theatres
T.V. Studios admitting
an audience.
2. General Assembly
Uses
(a) Cultural
and Civic
Libraries
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(b) General
Assembly-halls
and active
exercise uses
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
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(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
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CLASSIFICATION OF USES OF LAND AND BUILDINGS
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 Swimming 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
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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
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CLASSIFICATION OF USES OF LAND AND BUILDINGS
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
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(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 flammable or
explosive
substances)
Small Tool and
Appliance
Rentals
Travel Agents
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CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
PERSONAL
SERVICE
USES
(continued)
1. Business,
Professional
& Personal
Service Uses
(continued)
(e) Communica-
tions
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. MERCAN-
TILE
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
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(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
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CLASSIFICATION OF USES OF LAND AND BUILDINGS
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
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(d) Recreational
Open
Space
Playing Fields
Sports Grounds
Parks
Playgrounds
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural,
Historical and Scenic
Sites
Steep Slopes
Wildlife
Sanctuaries
(f) Cemetery
Cemeteries
Graveyards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
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CLASSIFICATION OF USES OF LAND AND BUILDINGS
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
Incinerators
(i) Animal
Animal Pounds
Kennels
Zoos
(j) Antenna and
Wind Turbines
TV, Radio and
Communications
Transmitting and
Receiving Masts
and Antennae
Wind Turbines
(k) Transportation
Airfields
Railway Yards
Docks and Harbours
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SCHEDULE "C"
USE ZONE TABLES
NOTE:
This schedule contains tables showing the use classes which may be permitted or
which may be treated as discretionary use classes for the purpose of these
Regulations. The tables also indicate the required standards of development and
may also include conditions affecting some or all of the use classes.
The schedule contains tables for the following Use Zones, for which the
abbreviations are as noted:
Community Development Area ............................................................ COMMDA
Rural
................................................................................................... RUR
Protected Public Water Supply Restricted Special Area ........................ PPWSRSA
Valued Natural and Heritage Restricted Special Area.................... .... VNHRSA
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USE ZONE TABLE
ZONE TITLE Community Development Area (COMMDA) (FOGO ISLAND)
PERMITTED USE CLASSES
Single dwelling
Office, medical and professional, and personal service business uses, up to 30 square metres total of
floor area.
DISCRETIONARY USE CLASSES
All other uses except for agriculture, forestry, mineral working, scrapyard, solid waste, and animal
uses; uses on lots created by discretionary approval (see Condition 8).
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CONDITIONS
1.
Development Standards
STANDARDS
WHERE PERMITTED
Single
Dwelling,
Boarding
House,
Mobile
Home, all
other
residential
uses not
specified
in this
table,
and all
non-
residential
uses **
Double
Dwelling
Row
Dwelling
APARTMENT BUILDING
1
Bed
Apt.
2
Bed
Apt.
3
Bed
Apt.
4
Bed
Apt.
Lot area (m²) minimum
450
390
*
350
*
(average)
200
*
250
*
280
*
300
*
Floor area (m²) minimum,
for residential uses only
80
80
*
65
*
40
*
50
*
60
*
70
*
Frontage (m) minimum
15
26
12
*
(average)
36
Building Line Setback (m)
(minimum)
6
6
8
8
Sideyard Width (m)
1.5
2
2
5
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Rearyard Depth (m)
(minimum)
5
5
10
10
Lot Coverage of All
Buildings totalled (%)
(maximum)
33
33
33
33
Maximum floor area of all
accessory buildings totalled
(m²) where the main use of
the lot is a residential use
30
30
30
30
Height (m)
(maximum) except for
wind turbines
10
10
10
10
** See Condition 8 for requirements in applicable circumstances * Per dwelling unit
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot
or site occupied by a use permitted or existing as a legal non-conforming use in this use
zone, shall be as follows:
(i)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of the Authority, having regard to the
safety and convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(ii)
No advertisement shall exceed 2 square metres in area on a lot where the
main use is a residential use, and 5 square metres in all other cases.
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific land use,
shall be as follows:
(i)
Each advertisement shall not exceed 2 square metres in area on a lot where
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the main use is a residential use, and 5 square metres in all other cases.
(ii)
When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature of the
use and 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.
4.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that the criteria and conditions cited in this Use Zone Table, and in
Part I, Regulation 10, are satisfied.
5.
Wind Turbines
Wind turbines wherein the tower height is less than 30 metres may be approved as
discretionary uses.
6. Fuel Wood Processing as an Accessory Use
Processing of fuel wood, including transportation and cutting of firewood, is permitted as
a use accessory to any development, but the volume of wood processed and stored on a
lot from time to time shall be limited to the volume of wood reasonably required from
time to time by the owner or occupant of the development. Larger volumes, such as
would be associated with bulk storage and processing of wood for sale or onward
transportation, or beyond the volumes reasonably required by the development on the lot,
shall be deemed to be a light industrial use for the purpose of this Development
Regulation.
7. Proximity to Designated Heritage Buildings
Development of a building or structure within 30 metres of a designated heritage building shall
be limited in its footprint and elevation above sea level of its highest feature to the footprint and
elevation above sea level of the highest feature of the proximate heritage building.
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8. Subdivision to Create Two Lots Permitted by Discretion Where Insufficient Land
Notwithstanding the requirements in Section 1 Development Standards, the requirements in the
column headed "Single Dwelling, Boarding House, Mobile Home, all other residential uses not
specified in this table, and all non-residential uses" may be modified by the Authority by way of
discretionary approval, so as to permit subdivision and development of an existing lot into two
lots, where there is an existing structure on the existing lot and where the main and accessory
structures existing and proposed to be developed on the two resulting lots can be located so as to
provide a yard around all structures of at least 1.5 metres and at least one parking space can be
provided on each of the resulting lots.
9. Home Business as an Accessory Use
Home businesses may be approved by the Authority provided that the criteria and conditions
cited in this Use Zone Table, and in Part I, Regulation 10, are satisfied.
10. Archaeological Findings
Any application for development which involves breaking of soil or ground disturbance shall be
referred to the office of the Provincial Archaeologist for review and approval before the
application will be approved by the Town of Fogo Island. Should any artifacts be discovered in
excavations or disturbance of ground, all work shall cease, the site and artifact shall be secured
from damage, and the Provincial Archaeologist shall be contacted for review and clearance
before further work is undertaken.
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USE ZONE TABLE
ZONE TITLE Rural (RUR)
(FOGO ISLAND)
PERMITTED USE CLASSES
Conservation uses; existing recreational open space; existing cemeteries.
DISCRETIONARY USE CLASSES
All other uses.
CONDITIONS
1.
Development Standards
The development standards for building in this zone shall be as required in the
Community Development Area (COMMDA) Zone and additionally the conditions
applicable to this Zone.
2.
Development Restricted Where Visible from Public Highways
No discretionary use shall be permitted where any part of the development, including
access roads, blades or towers of wind turbines, electrical and other utility poles and
lines, and advertisements, would be visible from any point 1.5 metres above the
centreline of all points along public highways lying within any Zone. A variance to allow
additional height shall not be approved if it results in contravention of the first paragraph
in this Condition.
Notwithstanding the requirement stated in the first paragraph above, certain agricultural
uses and mineral workings may be permitted where visible as indicated, as discretionary
uses subject to the following requirements:
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a) Agricultural uses comprising only the cultivation of land for food crops and
horticulture, and where any accessory buildings are each of less than 30 sq.m.
in floor area and of a maximum height of 3 metres, and where the exterior is
finished in a colour scheme of traditional red ochre with white trim.
Residential uses and keeping of animals are not permitted as accessory uses.
b) Requirements applicable to mineral workings shall be as stated in section 4.
3. Wind Turbines
Wind turbines with towers taller than 30 metres shall be located at least two kilometres
from the boundaries of Community Development Areas, as shown on Future Land Use
Maps, and at least 500 metres from any lot line.
4. Mineral Workings
a)
Separation from Adjacent Uses
Minimum Distance of
Pit or Quarry Working
From boundaries of Community Development Areas
or Restricted Special Area Zones 300 metres
Any area likely to be developed during the
life of the pit or quarry working
300 metres
Public highway or street or
Public Trails shown on Zoning Maps
90 metres
Water body or watercourse
50 metres
b) The following conditions shall apply:
(i)
Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any waterbody or watercourse. Any access road to
a pit or quarry working which crosses a brook or stream shall be bridged or
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culverted at the crossing in accordance with the Regulations of the Department of
Environment and Lands.
(ii)
Water Ponding
No mineral working shall result in the excavation of areas below the level of the
water table nor in any way cause the accumulation of ponding of water in any part
of the site. Settling ponds may be permitted with the approval of the Department
of Environment and Lands.
(iii)
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of
adjacent land.
(iv)
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and
abandoned equipment and any derelict buildings.
(v)
Access Roads
During extended periods of shutdown, access roads to a mineral working shall be
ditched or barred to the satisfaction of the Authority.
(vi)
Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron
stained layer, shall be stripped and stockpiled at least 5 metres from active quarry
or stockpile areas. The owner or operator shall ensure that the quality of the
topsoil is not affected by dilution with other materials.
(vii)
Operating Plant and Associated Processing and Manufacturing
The Authority may permit processing and manufacturing use associated with
mineral workings provided that, in the opinion of the Authority, the use does not
create a nuisance nor is liable to become a nuisance or offensive by the creation of
noise or vibration, or by reason of the emission of fumes, dust, dirt, objectionable
odour, or by reason of unsightly storage of materials.
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(viii) All permanent or temporary buildings, plants and structures associated with
processing and manufacturing will be located so as not to interfere with the present or
future extraction of aggregate resources.
(ix)
The Authority may specify a minimum separation distance between operating
plant or associated processing and manufacturing structure or equipment and adjacent
developed areas likely to be developed during the life of the mineral working.
(x)
Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried out
by the operation:
(a)
All buildings, machinery and equipment shall be removed.
(b)
All pit and quarry slopes shall be graded to slopes less than 20o or
to the slope conforming to that existing prior to the mineral working.
(c)
Topsoil and any organic materials shall be respread over the entire
quarried area.
(d)
The access road to the working shall be ditched or barred to the
satisfaction of the Authority.
(xi)
If the mineral working contains reserves of material sufficient to support
further extraction operations, the Authority may require the work described above to be
carried out only in areas of the site where extraction has depleted aggregate reserves.
c)
Screening for Mineral Workings
A mineral working shall be screened in the following manner where it is visible
from a public street or highway, public park, developed area, or area likely to be
developed during the life of the use:
(i)
Where tree screens exist between the use and adjacent public
highways and streets or other land uses (excepting forestry and
agriculture), the tree screens shall be retained in a 30-metre wide strip of
vegetation so that visibility of any part of the use from the surrounding
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uses or streets will be prevented. The tree screens must be maintained by
the owner or occupier of the use to retain 30 metres in a forested
appearance. Where vegetation dies or is removed from the 30-metre strip,
the Authority may require new trees of a minimum height of 1 metre be
planted to fill in the areas affected to the satisfaction of the Authority.
(ii)
Where no tree screens exist of sufficient width and density to
constitute a visual screen, earthen berms shall be constructed to a height
sufficient to prevent visibility of any part of the use from adjacent uses
(excepting forestry and agriculture), or adjacent public highways and
streets and public parks. The berms shall be landscaped to the Authority's
satisfaction.
(iii)
Where natural topography creates a visual screen between a
mineral working or scrapyard and adjacent public highways and streets or
public parks or other land use (excepting forestry and agriculture),
additional screening may not be required.
d) Fencing for Mineral Workings or Scrapyard
The Authority may require the mineral working site or excavated areas of a pit or
quarry working, scrapyard, or disposal site to be enclosed by a fence designed and
constructed to its specifications and no less than 1.8 metres in height.
5. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that the criteria and conditions cited in this Use Zone Table, and in Part I,
Regulation 10, are satisfied.
6. Home Business as an Accessory Use
Home businesses may be approved by the Authority provided that the criteria and conditions
cited in this Use Zone Table, and in Part I, Regulation 10, are satisfied.
7. Archaeological Findings
Any application for development which involves breaking of soil or ground disturbance shall be
referred to the office of the Provincial Archaeologist for review and approval before the
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application will be approved by the Town of Fogo Island. Should any artifacts be discovered in
excavations or disturbance of ground, all work shall cease, the site and artifact shall be secured
from damage, and the Provincial Archaeologist shall be contacted for review and clearance
before further work is undertaken.
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USE ZONE TABLE
ZONE TITLE Protected Public Water Supply Restricted Special Area (PPWSRSA)
(FOGO ISLAND)
PERMITTED USE CLASSES
Conservation.
DISCRETIONARY USE CLASSES
Existing cemeteries; public works related to management and use of the water supply.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
(i) Minimum Building Line Setback
4 metres
(ii)
Minimum Sideyard Width, except
where buildings are built with
adjoining party walls
4 metres
(iii) Minimum Rearyard Depth
4 metres
(iv) Maximum Height
5 metres
(v) Minimum Frontage
5 metres
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2.
Discretionary Use Classes
The public works listed in this table may be permitted at the discretion of the Authority
provided that they are complementary to the protection of the water supply function of
the Zone.
3. Archaeological Findings
Any application for development which involves breaking of soil or ground disturbance
shall be referred to the office of the Provincial Archaeologist for review and approval
before the application will be approved by the Town of Fogo Island. Should any artifacts
be discovered in excavations or disturbance of ground, all work shall cease, the site and
artifact shall be secured from damage, and the Provincial Archaeologist shall be
contacted for review and clearance before further work is undertaken.
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USE ZONE TABLE
ZONE TITLE Valued Natural and Heritage Restricted Special Area (VNHRSA) (FOGO ISLAND)
PERMITTED USE CLASSES
Recreational open space; conservation.
DISCRETIONARY USE CLASSES
Uses related to the valued natural or heritage features of the area
CONDITIONS
1.
Development Standards
The development standards for building in this zone shall be as required in the
Community Development Area (COMMDA) Zone and additionally the conditions
applicable to this Zone.
2.
Development Restricted to Complementary Uses
Uses shall be complementary to the natural or heritage values associated with that area.
Uses related to the function of a public park where that is the specific development type
do not, for the purpose of this Development Regulation, include campgrounds,
recreational motor vehicle overnight parking, or any other form of overnight
accommodation, or, mercantile uses except as may be incidentally permitted for a
seasonal or temporary fair or kiosk; such uses may include a tourist information structure,
change houses, washrooms, park equipment storage, and parking for visitors.
3. Effect Limited to Public Lands at Bunker Hill Site, Tilting
The VNHRSA Zone boundary associated with the Bunker Hill site in Tilting shall be
deemed to be the boundary of only those lands at the site which are owned by the
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Government of Canada, the Province of Newfoundland and Labrador, or another
governmental entity.
4. Archaeological Findings
Any application for development which involves breaking of soil or ground disturbance
shall be referred to the office of the Provincial Archaeologist for review and approval
before the application will be approved by the Town of Fogo Island. Should any
artifacts be discovered in excavations or disturbance of ground, all work shall cease, the
site and artifact shall be secured from damage, and the Provincial Archaeologist shall be
contacted for review and clearance before further work is undertaken.
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Schedule D
OFF-STREET PARKING REQUIREMENTS
Pursuant to Regulation 51, the quantity of off-street parking spaces shall be provided according
to the following minimum requirements:
a. Assembly uses other than educational and child care:
1 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
b. Educational and child care uses:
2 spaces for each classroom or 25
students or children, whichever is
less
c. Institutional uses
1 space for each two beds or
clientele spaces
d. Residential Dwelling uses
2 spaces for each dwelling unit
e. General Residential uses
1 space for each rental suite or unit,
plus 1 space for each 10 square
metres of common spaces such as
common rooms, kitchens, and
recreation areas.
f. Business and personal service uses
1 space for each 20 square metres of
floor area
g. All other uses
1 space for each 30 square metres of
floor area
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MAPS
Notes to reader concerning printing:
Map 1 is to be printed on 11 x 17 inch paper, setting: "actual size"
Maps 2 to 11 to be printed on 8 ½ x 11 inch paper, setting: "actual size"
Some of the detail in the base map is faint, especially outlines of individual
buildings, so printing at maximum density or contrast, black and white will
give the best results. Zooming in on the pdf images of the maps enables
better clarity.