Forteau, Newfoundland and Labrador
· adopted 1989-09-22
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URBAN AND RURAL PLANNING ACT
COMMUNITY OF FORTEAU
LAND USE ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
PUBLISHED BY AUTHORITY
The Council of the Community of Forteau hereby adopts the
following Land Use Zoning, Subdivision and Advertisement Regulations as
required by Section 37 of the Urban and Rural Planning Act.
on
1989.
Made and adopted by the Council of the Community of r.orteau
, day of
1989.
Clerk
Mayor
Approved by me at St. John's this
day of
/
ERIC A - GU LT JAG E ,
C . L . U - , M . II . A .
MINISTER OF MUNICIPAL &
PROVINCIAL AFFAIRS ,,
All persons are hereby requested to take notice that anyone who
wishes to view these Regulations may do so at the Office of the Clerk of
the Community of Forteau Council at the Town Office.
Regulation
Number
1.
2 .
3.
4.
5.
6.
7.
8.
9.
10.
1 1 .
1 2.
13.
14.
15.
16.
1 7.
18.
19.
20.
2 1 .
22.
2 3.
24.
25.
26.
2 7.
28.
( l l )
T A B L E
0 F
C O N T E N T S
APPLICATION
Short Tit 1 e
Interpretation
Commencement
......................
Municipal Code and Regulations
Authority
PART 1 -
GENERAL REGULATIONS
Compliance with Regulations
Permit Required
Permit to be Issued
Permit not to be Issued in Certain Cases .
Discretionary Powers of Authority
Variances by Authority
Service Levy
Financial Guarantees by Developer
Dedication of Land for Public Use
Reinstatement of Land
Form of Application
Register of Application
Deferment of· Application
Outline Planning Permission
Development Permit
Reasons for Refusing Permit
~otice of Application
Right of Entry
.............. .
Record of Violations
Stop Work Order and Prosecution
Local Board of Appeal Established
Appointment of Local Board of Appeal
Appeal Board to Act as Local Board of
Appeal
........................... .
Page
1
1
1
2
2
3
3
3
4
5
5
7
9
10
1 0
10
1 1
1 .::
l 2
1 3
1 5
1 ()
1 6
1 G
1 7
l 7
1 7
19
(ii i )
Regulation
Number
29.
30.
31.
32.
3 3.
34.
3 S.
36.
37,
38.
39.
40.
41.
42.
4 3.
44.
45.
46.
4 7.
4 8.
49.
so.
s 1.
52.
5 3.
54.
55.
So.
5 7.
Appeals to Local Board of Appeal
Effect of Decision by Local Board
of Appeal
...................... .
Development may not Proceed
PART II
GENERAL DEVELOPMENT STANDARDS
Accesses and Service Streets
Accessory Buildings
Advertisements
Buffer Strips
Building Height
Building Line and Setback
Family and Group Care Centres
Height Exceptions
........... .
Livestock Structures and Uses
Lot Area
Lot Area and Size Exceptions
Lot Frontage
Mobile Homes
Non-Conforming Uses
Offensive and Dangerous Uses
Off-street Parking Requirements
Off-street Loading Requirements
Parks and Playgrounds and Conservation
Uses
............................... .
Screening and Landscaping
Services and Public Utilities
Service Stations
Sideyards
Street Construction Standards
Subsidiary Apartments
Unsubdivided Land
Zero Lot Line and Other Comprehensive
Development
....................... .
Page
19
22
22
23
23
24
24
25
25
25
26
26
28
28
29
29
30
32
33
36
37
37
38
38
39
39
39
40
40
Regulation
Number
5 8.
59.
(iv)
PART III
ADVERTISEMENTS
Permit Required
Form of Application
60.
Advertisements Prohibited in Street
61.
62.
6 3.
64.
65.
66.
6 7.
6 8.
69.
70.
7 1 .
72.
7 3.
74.
75.
76.
77.
78.
Reservation
Permit Valid for Limited Period
Removal of Advertisements
Advertisements Exempt from Control
Approval Subject to Conditions
Non-Conforming Uses
PART IV
SUBDIVISION OF
LAND
Permit Required
Services to be Provided
Payment of Service Levies and other
Charges
........................... .
Issue of Permit subJect to
Considerations
......... .
Building Permits Required
Form of Application
........ .
Subdiv1s1on subJect to Zoning
Building Lines
Land for Public Open Space
Structure in Street Reservation
Subdivision Design Standards
Engineer to Design Works and Certify
Construction Layout
.............. .
Developer to Pay Engineer's Fees and
Charges
............................ .
Page
4 1
41
4 1
4 1
42
42
44
44
45
45
45
so
so
53
54
(v)
Regulation
Number
79.
80.
81.
82.
8 3.
84.
85.
86.
8 7.
Street Works may be Deferred
Transfer of Streets and Utilities to
Authority ......................... .
Restriction on Sale of Lots
Grouping of Dwellings and Landscaping
PART V
USE ZONES
Use Zones
..
Use Classes
..
Permitted Uses
Discretionary Uses
Uses Not Permitted
. .
..
Page
ss
56
57
57
59
S9
60
60
60
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULED
SCHEDULE E
(vi)
S C H E D U L E S
Definitions
Classification of Uses of Land and
Buildings
Use Zone Tables and
Schedule of Street Reservations
Off-Street Parking Requirements
Land Use Zoning Maps
COMMUNITY OF FORTEAU MUNICIPAL PLAN
LAND USE , ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
APPLICATION
SHORT TITLE
1.
These Regulations may be cited as the Forteau Development
Regulations.
INTERPRETATION
2.
(1)
Words and phrases used in these Regulations shall have
the meanings ascrjbed to th~m 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.
COMMENCEMENT
3.
These Regulations come into effect throughout the Forteau
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.
APPLICATION
Page 2
MUNICIPAL CODE AND REGULATIONS
4.
The Building Code including the Plumbing Code, the Fire Code,
the Electrical Code, and any other ancillary code and any Building
Regulation, Waste Disposal Regulation and/or any other municipal
regulations regulating or controlling the development, conser-
vation and use of land in force in the Community of Forteau, shall,
under these Regulations apply to the entire Planning Area.
AUTHORITY
5.
In these Regulations, "Authority" means the Council of the
Community of Fortcau.
PART 1 - GENERAL REGULATIONS
COMPLIANCE ~ITH REGULATIONS
6.
No development shall be carried out within the
Plann1ng Area except in accordance with these
Regulations.
PERMIT REQUIRED
7.
No person shall carry out any development within
the Planning Area except ~here otherwise provided
in these Regulations unless a permit for the
development has been issued by the Authority.
PERMIT TO BE ISSUED
8.
SubJect to Regulations 9 and 10, a permit shall be
issued for development within the Planning Area that
conforms to:
(a)
the general de\elopment standards set out
1n Part II of these Regulations, the require-
ments of Part V of these Regulations, and the
use classes, standards, requirements, and
conditions prescribed 1n Schedule C of these
Regulations for the use :.:one in which the
proposed development 1s located;
P ,\RT
General Regulations
p J. ~ e
--+
(b)
the standards set out in the Building Code
and/or other ancillary codes, and any
Building Regulation, Waste Disposal Regu-
lation, 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.
PERMIT ~OT TO BE
ISSUED I~ CERTAIN CASES
9.
Neither a permit noF outline planning permission
shall be issued for development within the Planning
Area when, 1n the opinion of the Authority, it is
premature by reason of the site lacking adequate
road access, power, drainage, sanitary facilities,
or domestic water supply, or being beyond the natural
development of the area at the time of application
unless the applicant contracts to pay the full cost
- General Regulations
rage 5
l) f
c o n s t r u c t L o n , J f t il c s e r v 1 c e s d e em e d n e c e s s a ~ y
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dnd upun the pr ,-:'·,v Ln respect of wh1ch 1t 1s
unposed.
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[Tl d t e r ] cl 1 ,
cl n d n O t w l t h -
:-.:; t ,1 n <l 1 n g the con f ,) r in 1 t I
o £ t l1 e
,1 pp 1 1 cat 1 on w 1th the
requirements of thr::::-c f:c-sulc1t1ons, the :\uthor1ty may,
1n its d1scret1011,
ir1,i
,l::,
J. result of 1ts consider-
at 1 on of the rn J. t t c· rs
,) t' t
. : tit
1 n t l1 1 s Reg u l at 1 on ,
c o n d 1 r I o n a 1 l y
,J p l, r , ,.: l,
, 1 ~-
r t::> f u s e t h e
:1 p p 1 1 c :1 t 1 o n .
\'.\RI A >i C £ S BY :-\UT HOR IT Y
1 l .
( 1 )
hhere
J
11erm1t cc111not he gr:.:inted because the
prop o s e J
J e \. (' l op n en t
Joe~ not comp 1 y
w 1 t h these
R e g u 1 ~ t 1 n n :, ,
t h e
1\ u t h o r 1 t y
rn a y
1 n
1 t s
d 1 s c r e t 1 o n
PART I -
General Regulations
Paget
vary the requirements to literal conformity
with the Regulations if, in the Authority's
opinion, the requirements would prejudice the
proper development of the land, building or
structure in question, or be contrary to the
public interest.
(2)
Variance from these Regulations pursuant to
Regulation 11(1) shall only be authorized in
the following circumstances:
(a)
if, in the opinion of the Authority,
such variance 1s not contrary to the
general intent and purpose of these
Regulations, the Municipal Plan, or
any further scheme, plan or regulation
pursuant thereto, ind the public interest;
(b)
if, prior to authorization of such
variance, the Authority has considered
1ts effect on adjoining properties;
(c)
if the variance does not change the
permitted use of the property;
(d)
if the Authority 1s satisfied that the
variance has not become necessary due
to the intentional or negligent conduct
of the owner or some other party acting
with the owner's knowledge or consent;
PART I -
General Regulation~
Page 7
(e)
if 1 prior to authorization of such variance,
the ~uthority has given notice of the
application 1n accordance with Regulation
2 2 and has
'~ c, n ::, i cl ere d any obj e ct i on s or
representations which may have been received
on the matter.
(3)
Variance from these Regulations pursuant to
Regulation 11(1) shall not be authorized if
such variance, when considered together with
other variances 1n d de or to be made in respect
of the same land, building or structure, woulJ
have a cumulative effect contrary to the general
intent of these Regulations, the Municipal Plan,
or any further s,~he;ne, plan or regulation pursuant
t h e l'.' e t o ,
e v e n
t h o u g h t h e v a r i a n c e s
1 n d i v 1 d u a l l y
would not have c.;uch effect.
SERVICE LEVY
12.
( 1 )
T h e A u t h o r 1 t \
r:1 a 1 r r; ( l u 1 r e a d e v e l o p e r t o p a y
c1
s e r v 1 c. c
l e v y
\✓ h c r t' d c v e l o p m e n t
1 s m a d e p o s s 1 h 1 c
or where the Jens1ty of potential development
is increased, or '-'-'here the value of property is
enhanced by the car~ying out of public works
either on or off the site of the development.
p.\RT I - General Regulations
Page 8
(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 12(1) that are necessary for
the real property to be developed in accord-
ance with the standards required by the
Authority and for uses that are permitted
on that real property.
(3)
A service levy shall be assessed on the real
property based on
(a)
the amount of real property
benefitted by the public work related
to all the real property so benefitted;
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,
P .\RT I -
Gener d l Reg u l at 1 on s
Page 9
(d)
at such other time as the Authority
may decide.
FINANCIAL GUARANTEES BY DEVELOPER
1 3.
( 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,
dnd to enforce the carrying out of any other
condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation
13(1) may he made in the form of:
(a)
a cash deposit from the developer,
to be held by the ~uthority;
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.
P\RT I -
General Regulations
Page 10
DEDICATION DF
LAND FOR PUBLIC USE
14.
In addition to the requirements for dedication
of land under Regulation 74, the Authority may
require the dedication of a percentage of the
land area of any subdivision or other develop-
ment for public use, and such land shall be
conveyed to the Authority in accordance with
the provisions of the Act.
REI~STATEMENT OF LAND
15.
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 dll 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 cond1t1on to the sat1sfact1on of
the Authority.
FORM OF APPLICATION
16.
( 1 )
An application for a development permit or
PART I - General Regulations
Page 11
for outline planning permission shall be
maJe 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, on request, supply to
every applicant a copy of the application
forms referred to in Regulation 16(1) and
a description of the plans, specifications
and drawings required to be provided with
the application.
REGISTER OF APPLICATION
17.
The Authority shall keep a public register of
all applications for development, and shall enter
therein the Authority's decision upon each appli-
cation and the result of any appeal from that
decision.
PART I -
General Regulations
ragt 12
DEFERMENT OF APPLICATION
18.
( 1 )
The Authority may, with the written agreement
of the applicant, defer consideration of an
application.
(2)
Applicat1ons properly submitted 1n accord-
ance with these Regulations which have not
been determined by the Authority and on
which a decision has not been communicated
to the applicant within eight weeks of the
receipt thereof by the Authority, and on
which consideration has not been deferred
in accordance with Regulation 18(1), shall
be deemed to be refused.
OUTLINE PLA~NING PERMISSION
19.
( 1 )
The Authority may grant outline planning
permtssion for the erection, alteration or
conversion 0£ a building if, after considering
an application for outline planning permission
made under these Regulations, it is satisfied
that the proposed development is, subJect to
the dpproval of detailed plans, in compliance
with these Regulations.
(2)
~here outline planning permission is granted
under this Regulation, it shall be subject
PART I -
General Regulations
Page 13
to the subsequent approval by the Authority
of such details as may be listed in the
outline planning permission, which shall also
specify that further application for approval
of these details shall be received not later
than two years from the grant of outline
planning permission.
DEVELOPMENT PERMIT
20.
(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 perm1ss1on
to develop lan<l 1n accordance with these
Regulations but such permission shall not
relieve the applicant from full responsibility
for obtaining permits or approvals under any
other reguldt1on or statute prior to commencing
the development;
f r o m h a v 1 n g t h c
h o r k.
c a r r 1 (__' d
0 U t
l n
Li C C O r d cl n C C
\'. 1 t h
t h e S e R e g U 1 cl t l O n S
Cl r
, l n >
other regulations or statutes;
an J fro rr. co ::1 n l t ,: n c e
1-. 1 t h
c1 l 1 c o n d 1 t i o n s i m p o s e d t h e r e u n d e r .
(2)
ThE Authority may attach to a permit or to
outline planning permission such conditions
,i:-,
1t deems fit 1n order to ensure that the proposed
P:-\RT
-
General Regulations
Page 14
development will be in accordance with
the purposes and intent of these Regu-
lations.
(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 0f 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 reneweJ 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.
C S )
T h e a pp r o v a 1 o f
.1 n y a p p 1 i c a t i o n an d p 1 a n s o r
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.
PART I - General Regulations
Page 15
(6)
The Authority may revoke a permit for
failure by the holder of it to comply with
these Regul1t1ons 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 perso~ shall erase, alter or modify any
drawing or specifications upon which a
permit to develop has been issued by the
l\uthority.
(8)
There shall be kept available on the premises
where any work, matter or thing 1s being done
for which a permit has been issued, a copy of
the permit and any plans, drawings or spec1-
ficat1ons 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.
REASONS FOR REFUSI~G PERMIT
21.
The Authority shall, when refusing to issue a
permit or attaching conditions to a permit, :;tate
the reasons for so doing.
,..) ---- :'
-
,~ ~.:- '7 c: r ,i :
c:; ~ -] ,_1 i 3. t i , n s
Jage 16
NOTICE OF APPLICATION
22.
The Authority may,
and when a variance is neces-
sary under Regu lat 1 on 11, when a change in non-
eon form i n g u s e 1 ::;
t o be c on s i d ere d under P e g u l a -
tion
45,
or
when
the
development
proposed
is
listed as a discretionary use in Schedule C of the
Regulations shall, at the expense of the appli-
cant, give notice of an application for a permit
or
for
outline
planning
permission,
by
public
advertisement
in
a newspaper circulating
in the
area or by any other means deemed necessary.
RIGHT OF ENTRY
23.
The Authority, the Director, or any inspector may
enter upon any pub l 1 c or private 1 and and may at
all
reasonable
times
enter
any
development
or
building upon the land for the purpose of making
surveys or exam1nat1ons or obtaining
information
relative to the c arr y1 ng out of any development,
construction;
alteration,
repair,
or
any
other
works whatsoever which the Authority is empowered
to regulate.
RECORD OF VIOLATIONS
24.
Every inspector shal 1 keep a record of any vio-
1 at ion
of
these
Regulations
which
comes
to
PART I - General Regulations
Page 17
his knowledge and report
Authority.
that violation to the
STOP WORK ORDER AND rROSECUTION
25.
( 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 any work connected there-
with pending final adJudication 1n any prose-
cution arising out of the development.
(2)
A person who docs not comply with an order
made under Regulat ton 25 (1) 1s guilty of an
offence under the provisions of the ~ct.
LOCAL BOARD OF APPEAL EST~BLISHED
26.
A Local Boar~ of Appeal shall be appointed to
hear all appeals arising from these Regulations.
APPOINTMENT OF LOCAL BOARD OF APPEAL
7..,
(1)
The Authority may, subJect to the approval
of the Minister, appoint not less than three
and not more than five persons to constitute
the Local Board of Appeal.
PART r - General Regulations
Page 1~
(2)
The Authority under Regulation 27(1)
shall not appoint elected or appointed
officials of the Authority to be members
of the Local Board of Appeal.
(3)
Every member of the Local Board of Appeal
shall be appointed for such periods, not
exceeding the term of office of the Authority,
as may be deemed appropriate by the Authority,
and shall be eligible for re-appointment.
(4)
The Local Board of Appeal shall be presided
over by a Chairman appointed from among its
members by the Authority or in the absence
of the Chairman, such member as the members
present shall from among themselves appoint.
(5)
\ maJority of the members of the Local Board
of Appeal shall constitute a quorum.
(6)
The ~uthority may by a two-thirds vote of
its members provide for remuneration to be
paid to members of the Local Board of Appeal
and may prescribe the amount.
( 7)
\,here a Lo ca 1 Bo a rd of App ea 1 has been
appointed and approved under Regulation 27(1),
the Clerk of the Authority shall be the
Secr~tary of that Local Board of Appeal.
PART I - General Regulations
Page 19
APPEAL BOARD TO ACT AS LOCAL BOARD OF APPEAL
28.
Where a Local Board of Appeal has not been
appointed and approved by the Minister under
Regulation 27(1), the appropriate Appeal Board
established under the provisions of the Act
shall ½e deemed to have been appointed as the
Local Board of Appeal, and shall carry out the
functions and exercise the same powers as if it
were appointed a Local Board of Appeal under
Regulation 27(1), but it shall not be obliged
to hold appeal hearings w1thin the Planning Area
or to hear appeals w1th1n the time l1m1ts
established under these Regulations.
APPEALS TO LOCAL BOARD OF APPEAL
29.
( 1 )
The Local Board of Appeal shall hear appeals
from decisions of the Authority made under
these Regulations and shall either confirm
the decision or recommend to the Authority
that the decision be varied or reversed.
(~)
Any person may appeal to the Local Board of
Appeal from a decision of the Authority made
under these Regulations.
(3)
An appeal shall be submitted in writing to
P\Rf I -
General Regulations
P:ige 20
the Authority within th1rty days of the
date of the deciston appealed from and
shall state the circumstances and grounds
of the appeal.
(4)
Within one week of receiving an appeal,
the Authority shall forward it to the
Local Board of ~ppeal together with a
copy of the application appealed from and
all other correspondence, plans and pertinent
information.
(5)
The Local Board of Appeal shall meet to hear
an appeal within sixty calendar days after
that appeal has been filed with the ~uthority,
and shall make its decision known in writing
to the Authority dnd to the appellant within
two weeks of hearing the appeal.
(6)
The \uthoritY., the appr::llant, and any other
person likely to be affected by the appeal,
shall be advised of the time and place of
the appeal hearing by the Secretary at least
one week before the appeal is to be heard.
(7)
The Authority and the appellant are entitled,
but are not bound, to appear before the Local
Board of Appeal either personally or by
representatives appotnted by them.
PART I -
General Regulations
Page 21
(8)
The Local Board of Appeal shall consider
and determine each appeal in accordance
with the intent of these Regulations and
the Municipal Plan and any further plan,
scheme or regulations that are in force,
having due regard to the circumstances
and merits of the particular case and the
use of discretionary powers by the
Authority.
(9)
In determining an appeal, the Local Board
of Appeal shall be bound by the Municipal
Plan and any further scheme or plan that
is in force under the Act.
(10)
Every member of a Local Board of Appeal
shall be subject to the provisions of the
Municipalities Act with respect to conflict
of interest as if he were a councillor elected
under that Act.
(11)
The
decision of a majority of the members of
the Local Board of Appeal present, excluding
all members proh1b1ted from voting because of
conflict of interest, shall be the decision
of the Board whose decision shall not be
subJect to further appeals to any other Appeal
Board constituted under the Act.
r~Rf I -
General Regulations
P3ge 22
(12)
If a Local Board of Appeal is unable to
decide an appeal because of the conflict
of interest of a majority of its members,
the Autnor1ty shall, subject to the approval
of the M1n1ster, and for that appeal only,
appoint other persons to replace those
members so affected.
EFFECT OF DECISION BY LOCAL BOARD OF APPEAL
30.
The Authority shall be bound to carry out the
recommendations of the Local Board of Appeal
unless another course of 3ct1on is determined
by a vote of twn-th1rds of the members of the
i\ u tho r 1 t y ,
w h 1 ch act 1 on s ]1 a 1 1 not be subj e ct
to further appeal.
DEVELOPME~T MAY ~OT PROCEED
31.
hhere an appeal 1s made from a dec1s1on of the
Authority, the development concerned 5hall not
proceed pending a decision on the appeal and
the subsequent issue of all required permits.
PART II
GE,JERAL DEVELOPMENT STA: ~DA RDS
ACCESSES A~D SERVICE STREETS
32.
(1)
Accesses shall be located to the specifi-
cation 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.
ACCESSORY BUILDI~GS
3 3.
(1)
Accessory buildings shall be clearly incidentJl
and complementary to the use of the main
buildings 1n character, use and size, and sh3ll
be contained on the same lot.
(2)
~o accessory bu1lJing or part thereof shall
proJect 1n front of any building line.
(3)
The sideyar<l req~irements set out in the use
zone tables 1n these Regulations shall :ipply
to accessory buildings wherever they are
PA~T II - General Development Standards
Page 24
ADVERTISEMENTS
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.
34.
Advertisements shall not be erected or displayed
except in accordance with Part III of these Regu-
lations.
BUFFER STRIPS
35.
Where any industrial development permitted in any
Use Zone abuts an existing or proposed residential
area, or is separated from 1t by a road only, the
owner of the site. of the industrial development
shall provide a buffer strip not less than ten
( 10) metres wide between any residential activity
and the industrial area.
The buffLr shall include
the provision of such natural or structural
barrier as may be required by the Authority and
shall be maintained by the owner or occupier to
the satisfaction of the Authority.
BUILDING HEIGHT
PART II - General Development Standards
Page 25
3b.
The Authority may permit the erection of buildings
of a height greater than that specified in Schedule
C, but 1n such cases the building line setback and
rearyard requirements shall be varied as follows:
(a)
The building line setback shall be
increased by~ metres for every 1
metre increase in height.
(b)
The rearyard shall not be less than
the minimum building line setback
calculated as described in (a) above
plus 6 metres.
BUILDING LINE AND SETBACK
37.
The Authority, by resolution, may establish
building lines on any 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 11nes conform to the standards
set out in the tables in Schedule C of these Regu-
lations.
F~~ILY AND GROUP CARE CE~TRES
38.
Family and group care centre use 1s permitted in
any dwelling or apartment that is adequate in size
P\RT II -
Generdl Development Standards
P.1ge ~6
to accu~modate the number of perso~s living in
the group, inclusive of staff, provided that
1n the opinion of
the Authority, the use of
the dwelling does not materially differ from,
no r
,1 d v e rs e 1 y a ff e c t , t he amen it i e s o f t he
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
1s permitted.
HEIGHT EXCEPTIONS
39.
The height requirements rrescr1bed 1n Schedule C
of these Regulations may be waived in the case
of communication masts .1nd antennae, flagpoles,
1.v --1 t e r t o 1, e r s , s p 1 r e s , b e 1 f r i e s , o r c h 1 rr1 n e y s , b u t
Jny such waiver which results in an increase of
more than 20% 1n the perm1tteJ height of the
structure shall only be authori:ed under the
prov1s1ons of Regulation 11.
L I V L S I O C K S 'I R !J C T U H. E S A N I..)
lJ S E S
+ () .
( l )
No structure designed to contain more than
five animal units shall be erected or
P A RT
I I -
C e n e r a 1 D e v e 1 o p rn e r t
S t a r: d a r J :-;
PaCa~e
2~
used unless 1t complies with the following
requirements:
C a -.
T h e s t r u c t u r e s h a 1 1 b 8
a t
l e a s t
6 0 0 m f T o rn
a residence, (except a farm residence or 3
residence which is a non-conforming use 1n
any ~one in which agriculture 1s a permitted
use class Ln the Use Zone Tables 1n Schedule
C of these Regulations), and, from an area
designated for residential use 1n an appro\,-
ed Plan, and, from a Provincial or Federal
Park.
(b)
The structure shall be at least 60m from
the boundarv of the property on which it
is to be erected.
(c)
The structure shall be at least 90m fro~
the centre line of a street.
(dJ
Th~ erection of the structure shJll be
approved by t~e Department of Rural, \~r -
cultural
d n cl '\or the r n Devel op 1r1 en t
n n d
t !1 t"
D e µ a 1· t m e n t
, 1 f
t h e E n v 1 r o n m e r, t .
(2)
No Jevelopment for res1dent1al use shall h~
permitted within 600m of an existing structure
designed to cont ,11 n more than f 1 v e an 1 ma 1 u n 1 t ..;
unless the development is first approved by the
Department of Rural, :\gr1cultural and \orthern
Development.
PART II -
General Development Standards
Page 28
LOT AREA
41.
( 1 )
~o lot shall be reduced in area, either by
the conveyance or alienation of any portion
thereof or otherwise, so that any building
or structure on such lot shall have a lot
coverage that exceeds, or a front yard, rear
yard, side yard, frontage or lot area that
is less than that permitted by these Regu-
lations 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 1n 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.
LOT AREA AND SIZE EXCEPTIONS
42.
Where, at the time of coming into effect of these
Regulations, one or
more lots already exist in
any residential zone, \411th 1nsuff1c~:1t frontage or
area to permit the owner or purchaser of such a
lot or lots to comply with the provisions of these
PART II - General Development Standards
Page 29
Regulations, then these Regulations shall not
prevent the issuing of a permit by the Authority
for the erection of~ dwelling thereon, provided
that the lot coverage and height are not greater
than, and the yards and floor area are not less
than the standards set out in these Regulations.
LOT FRONTAGE
43.
Except where specifically provided for in the
Use Zone Tables in Schedule C of these Regulations,
no residential or commercial building shall be
erected unless the lot on which it 1s situated
fronts directly onto a street or forms part of a
Comprehensive Development Scheme.
MOBILE HOMES
44.
( 1 )
Groups of more than five mobile homes shall
be located only in approved mobile home parks
and mobile home subdivisions in Res1dent1al
Use Zones so designated and shall conform to
the requirements of the Provincial Mobile
Home Development Regulations currently in
effect.
Page 30
(2)
No development permit shall be issued for a m0bile
home lot unless it conforms with the requirements of
Regulation 23 of the Mobile Home Develooment Regu-
lations.
NON-CONFORMING USES
45.
(1)
Any legal use of :i 11ildinqs or land at the date
of the coming into effect of these Regulations
may although not conforming with the Regulations
of the Use Zone in which they are located.
(a) be cont1nu~d or
(b) be changed to another non-conforming use if
after notice of an application to change the
use has been given in accordance with Regu-
lation ?2
and consideration given to any
objections or representations which may have
been
received
on
the matter, it is the
Authority's opinion, that the new use is
more compatible w1th the permitted use(s) in
the ·use
located.
7 1-one
i r7
which
the
building
i S
(2)
A building, which is legally used for a purpose
riot permissible within the zone in which it is
located, shall not be enlarged, extended, recon-
structed, or altered structurally, unless such
building is thereafter tc be used for a purpose
~ermitted within t~at zone, provided that:
(a)
the interior of such building rnay be per-
mitted by tl1e A,JH1or: ·_y to be reconst('ucted
PAK~
rT
-
'.:;en2r11 Jev12lopment Standards
Page 31
or altered, in order to render it more con-
venient or commodious for the same purpose
for which such building is legally used;
(b)
any building which at the date of the com-
; ng
into effect of these Regulations is
being used in a zone where such use is not
permissible
may
be
permitted
by
the
Authority to
be
altered structually or
extended by not more than fifty percent
of its original floor area if such alter-
at ions or ex tens ions conform to all the
requirements of these Regulations except
those pertaining to land use, and are
confined to the existing lot;
(3)
A building which is legally used for any purpose
but which does not conform to the Regulations
of the Use Zone in which it is located, and
which
subsequently suffers damage or
deterioration to an extent greater than fifty
percent of its replacement value, excluding
land, sh a 11
not be reconstructed except in
conformity with the Regulations for the Use
Zone
in
which
such
building
is
located,
provided that:
(a)
the owner of such building may within one
year of such
damage
taking
place make
application to the Authority for a permit
to reconstruct the building for the same
purpose for which it was legally used.
J .~ ,J -:-- I I - S e n e r a l 1 e ·; 2 1 ) p ,-r: e n t
~ ~ rj j ' j r , - n c:;
Page 32
(b) the Authority shall before the expiration
of sixty (60) days from the day on which a
complete
application
1s
received
to
construct such a building.
i)
serve a notice of expropricttion in
accordnace with the Act;
or
i1)
indicate its williriqness to issue a
OFFENSIVE AND DANGEROUS USES
permit to develop prov1d1nq that the
reconstruction
of the buildinq
conforms to all the requirements of
these
Regulations except
those
pertaining to land use, and that any
such development takes place within
the existing curt1lage of the lot.
46.
No building or land shall be used for any purpose
which may be dangerous by causing or promoting fires
or other hazards 0r which may emit noxious,
offensive
or
dangerous
fumes,
smoke,
gases,
radiation, smells,
ash, dust or grit, excessive
PART II - General Development Standards
Page 33
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.
OFFSTREET PARKING REQUIREMENTS
4 7.
( 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 num~er of parking spaces to be provided
for any building, structure, use of occupancy
shall conform to the standards set out in
Schedule D of these Regulations.
(3)
Each parking space, except in the case of
one or two-family dwellings, shall be made
accessible by means of a hard surfaced right-
of-way at least 3 m in width_
Parking required
in a
Residential Zone shall be provided on
the same lot as the dwelling or dwellings.
PART II -
General Development Standard~
Page 34
Parking space for apartments shall be
provided in the rear yard where possible.
In a Non-Residential Zone, parking spaces
shall be provided within the limits of the
zone in which the use is situated and not
more than 200 m distant fro~ the use con-
cerned.
(4)
The parking fac1lities required by this
Regulation shall, except in the case of single
or attached dwellings, be arranged so that
it is not necessary for any vehicle to reverse
onto or from a street.
(5)
Where, 1n these Regulations, parking facil1t1es
for more than four vehicles are required or
permitted:
( a )
park 1 n g spa c e s 11 a l l mean an
c1 re a of l and ,
not less than 15 m2
in size, capable of
being used for the parking of a vehicle
without the neeJ to move other vehicles
on adjacent areas;
(b)
the parking are~ shall be constructed and
maintained to the specif1cat1ons of the
Authority;
(c)
the lights used for illumination of the
parking area shall be so arranged as to
PART II - General Development Standards
Page 3S
divert the light away from adjacent
development;
(d)
a structure, not more than 3 min 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 1n 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 1n any zone;
(g)
access to parking areas in non-residential
zones shall not be by way of residential
zones.
(h)
where a parking area is in or abuts a
residential zone, a natural or structural
barrier at least 1 min height shall be
erected and maintained along all lot lines.
(i)
where, in the opinion of the Authority,
strict application of the above parking
requirements is impractical or undesirable,
the Authority may as a condition of a
permjt require the developer to pay a
PART II -
Ceneral Development Standards
Pag~
36
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 develop-
ment.
OFF-STREET LOADING REQUIREME~TS
48.
( 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 1s not part
of a street comprised of one or more loading
spaces, 15
111 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 drive-
way of a minimum width of 6 m to a street.
l2)
The number of loading spaces to be provided
shall be determined by the Authority.
(3)
The loading facilities required by this Regu-
lation shall be so arranged that vehicles cGn
PART II -
General Development Standards
Page 37
manoeuvre clear of any street and so that it
is not necessary for any vehicle to reverse
onto or from a street.
PARKS AND PLAYGROUNDS,
AND CONSERVATION USES
49.
Nothing in these Regulations shall prevent the
designation of conservation areas or the establish-
ment of parks and playgrounds in any zones provided
that such parks and playgrounds are not located 1n
areas which may be hazardous to their use and are
not operated for commercial purposes.
SCREENING AND LANDSCAPI~G
50.
The Authority may, in the case of
existing unsightly
development, order the owner or occupier to provide
adequate and suitable landscaping or screening;
Jnd
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 ~1ade a con-
dition of any development permit where, in the
opinion of the Authority, the landscaping or
screening is desirable to preserve amenity, or
protect the environment.
PART lI -
General Development Standards
Page 38
SERVICES AND PUBLIC UTILITIES
51.
The Authority may within any :one permit land
to be used in conjunction with the provision of
public services and publ1c 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.
SERVICE STATIONS
52.
The following requirements shall apply to all
proposed service stations:
(a)
All gasoline pumps shall be located on
pump islands designed for such purpose,
and to which
automobiles may gain access
from either side.
(b)
Pump islands shall be set back at least
4 metres from the front lot line.
(c)
Accesses shall not be less than 7 metres
wide and shall be clearly marked, and
where a service station is located on a
corner lot, the minimum distance between
SIDEYARDS
PART II -
General Development Standards
Page 39
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.
53.
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 mainten-
ance of that building.
STREET CONSTRUCTION STANDARDS
54.
A new street may not be constructed except in
accordance with and to the design and specific-
ations laid down by the Authority.
SUBSIDIARY APARTMENTS
S5.
Subsidiary apartments may be permitted in single
dwellings only, and for the purposes of calculating
lot area and yard requirements, shall be considered
part of the self-contained dwelling.
PART II -
General Development Standards
Page 40
UNSUBDIVIDED LAND
56.
Development is not permitted on unsubdivided
land unless sufficient area is reserved to
satisfy the yard and other allowances called
for 1n the Use Zone in which it is located and
the allowances shall be retained when the adjacent
land is developed.
ZERO LOT LINE AND OTHER COMPREHENSIVE DEVELOPMENT
57.
The Authority may, at its discretion, approve the
erection of dwellings which are designed to form
part of a zero lot line development or other com~re-
hensive layout which does not, with the exception of
dwelling unit floor area, meet the requirements of
the Use Zone table in Schedule C, provided that
the dwellings are designed to provide both privacy
and reasonable access to natural daylight and the
overall density within the layout conforms to the
regulations and stand~rds set out in the Use :one
table apply where the layout adjoins other develop-
ment.
PERMIT REQUIRED
58.
Subject to the provisions of Regulation 63, no
advertisement shall be erected or displayed in
the Planning Area unless a permit for the adver-
tisement is first obtained from the Authority.
FORM OF APPLICATION
j9.
Application for a permit to erect or display
an advertisement shall be made to the Authority
in accordance with Regulation 16.
ADVERTISEMENTS PROHIBITED I~ STREET RESERVATION
60.
No advertisement shall be permitted to be erected
or displayed ~1th1n, on or over any highway or
street reservation.
PER~IT VALID FOR LIMITED PERIOD
61.
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
P~RT III -
\dvertisements
Page ~2
may be renewed at the discretion of the Authority
for similar periods.
REMOVAL OF ADVERTISEMENTS
62.
Notwithstanding the provisions of these Regulations,
the Authority may require the removal of any advert-
isement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its
s1t1ng, colour, illum1nat1on, or structural
condition;
or,
(b)
detrimental to the amenities of the surround-
ing area.
ADVERTISEMENTS EXEMPT FROM CO~TROL
63.
The following advertisements may be erected or
displayed in the Planning ~rea without appli-
cation to the Authority:
(a)
on a dwelling or within the curtilage of
a dwelling, one nameplate not exceeding
0.2 m2 1n area;
(b)
on an agricultural holding or farm, a
notice bodrd not exceeding 1 m2
in area
and relating to the operations being con-
ducted on the land;
PART III - Advertisements
Page 43
(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 opera-
tions, a notice board not exceeding 1 m2 in
area relating to the operation conducted on
the land;
(e)
on a dwelling or within the curtilage of a
dwelling, one nameplate not exceeding 0.2 m2
in area 1n connection with the practice of
a professional person carried on in the
premises;
(f)
on any site occupied by a church, school,
library, art gallery, museum, institution or
cemetery, one notice board not exceeding
l
m2 in ared.
(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.
PART III - Advertisements
Page 4·+
(h)
on any parking lot directional signs and
one sign not exceeding
m 2 1n SlZC,
identifying the parking lot.
APPROVAL SUBJECT TO CONDITIONS
64.
A permit may only be issued for the erection or
display of advertisements which comply with the
appropriate cond1t1ons 3nd specifications set
out in the Use Zone T~bles 1n Schedule C of
these Regulations.
NON-CONFORMING USES
65.
~otw1thstand1ng the prov1s1ons of Regulation 58,
a permit may be issued for the erection or display
of advertisements on~ building or within the
curt1lage of a bu1ld1ng or on a parcel of land,
the use of which is
d
non conforming use, provided
tr,J.t the advertisement does not exceed the size
and type of advertisement which could be permitted
1f the aevelopment was in a Use Zone appropriate
to its use, and subJect to any other conditions
deemed appropriate by the Authority.
PART IV
SUBDIVISION OF LAND
PER~1IT REQUIRED
66.
No land in the Planning Area shall be subdivided
unless a permit for the development of the sub-
division is first obtained from the Authority.
SERVICES TO BE PROVIDED
6 ·7 I-
No permit shall be issued for the development
of a subdivision unless provisions satisfactory
to the Authority have been made in the appli-
cation for a supply of drinking water, a
properly designed sewage disposal system, and
a properly designed storm drainage system.
PAYMENT OF SERVICE LEVIES AND OTHER CHARGES
68.
No permit shall be issued for the development
of a subdivisi'on 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 develop-
ment of the subdiv1s1on, and all service levies and
other charges imposed under Regulations 12 and 13.
PART IV -
Subdiv1s1on of Land
Page 46
ISSUE OF PERMIT SUBJEC1 TO CONSIDERATIONS
69.
A permit shall not be issued when, in the opinion
of the Authority, the development of a subdivision
does not contribute to the orderly growth of the
municipality and does not demonstrate sound design
principles.
In considering an application, the
Authority shall, without limiting the generality
of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand
created for schools, services, and
utilities;
(c)
the provisions of the Plan and
Regulations affecting the site;
(d)
the land use, physical form and
character of adjacent developments;
(e)
the transportation network and traffic
densities affecting the site;
(f)
the relationship of the project to
existing or potentiai sources of nuisance;
(g)
soil and subsoil characteristics;
(h)
the topography of the site and its drainage;
P~RT IV - Subd1v1s1on of L~nd
Pc.1ge ~7
(i)
natural features such as lakes, streams,
topsoil, trees and shrubs;
(J)
prevailing winds;
(k)
visual quality;
(1)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the
proposed development.
BUILDING PERMITS REQUIRED
70.
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.
FORM OF APPLICATION
71.
Appl1cat1on for a permit to develop a subdivision
shall be made to the Authority in accordance with
Regulation 16.
PART IV -
Subdivision of Land
Page 48
SUBDIVISION SUBJECT TO ZONING
72.
The subdivision of land shall be permitted only
in conformity with the Use Zones delineated on
the Zoning Maps.
BUILDING LINES
73.
The Authority may establish building lines for
any subdivision street and require any new
building to be located on such building lines.
LAND FOR PUBLIC OPEN SPACE
7 4.
(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
2
area of the subdivision or 25 m
for every
dwelling unit permitted 1n the subdivision,
w h i c h e v e r
1 s ·t h e g r e a t e r , f o r p u b 1 i c o p e n s p a c e ,
provided that:
(a)
where land is subd1v1ded for any purpose
other than res1dent1al use, the Authority
shall determine the ~ercentage of land to
be dedicated;
(b)
if, in the opinion of the Authority, no
public open space is required, the land
i\mdt. 1/83
P~RT .V -
SubJ1v1s1on of LJnd
Page -+9
may be used for such other public use
as the Authority may determine;
(c)
the location and suitability of any land
dedicat~d under the provisions of this
Regulation shall be subject to the approval
of the ~uthority but in any case, the
Authority shall not accept land which,
in 1ts opinion is incapable of develop-
ment for any purpose;
(d)
the Authority may accept from the developer
in lieu of such area or areas of land the
payment of a sum of money equal to the
value of the land which would otherwise
be required to be dedicated;
(e)
money received by the Authority in accord-
ance with Regulation 74 (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 ~1th
this Regulation shall be conveyed to the Author1t-
and may be sold or leased by the Authority for
the purposes of any development that conforms
with the requirements of these Regulations, anJ
the proceeds of any sale or other disposition of
i\rndt.
-:_; 84
P~RT IV -
Subd1v1sion of Land
Pagt:! 50
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 1 at the <liscretion of the Authority,
constitute the requirement of land for public
use under Regulation 74(1).
STRUCTURE IN STREET RESERVATION
75.
The placing within any street reservation of any
structure (for example, a hydro pole, telegraph
or telephone pole, fire hydrant, mail box, fire
alarm, sign post) ~hall receive the prior approval
of the Authority
1,.h1ch shall be satisfied on the
question of saie construction and relationship to
the adJoining building~ and other structures within
the street reservation.
SUBDIVISION DESIGN STANDARDS
76,
~o permit shall be issued for the development of a
subdivision under these Regulations unless the design
of the subdivision conforms to the following ~tandarJs:
,\mdt. 2/84
PART IV - Subdivision of LanJ
Page 31
(a)
The finished grade of streets shall not
exceed 10 per cent.
(b)
Every cul Je sac shall be provided with
a turning circle of a diameter of not
less than 30 m.
(c)
The maximum length of any cul de sac shall
be:
i)
without emergency vehicle access
-
110 m.
ii)
with emergency vehicle access -
230 m.
(d)
Emergency vehicle access to a cul de sac shall
be not less than 3 m wide and shall connect the
head of the ~ul de sac with an adJacent street.
(e)
No cul de sac shall be located so as to appear
to terminate a collector street.
(f)
~ew subdivisions shall have street connections
with an existing street or streets.
(g)
All street intersections shall be constructed
within s 0 of a right angle and this alignment
shall be maintained for 30 m from the inter-
section.
PART IV - Subdivision of Land
Page 52
(h)
No street intersection shall be closer
than 60 m to any other
street inter-
section.
(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 inter-
sections.
(k)
Streets in residential subdivisions shall
be designed in accordance with the approved
standards of the Authority, but in the absence
of such standards, shall confirm to the
following minimum standards:
Street
Pave-
Side-
Side-
Reser-
ment
walk
walk
vat1on
Width
Width
Nwnber
Arterial
30 m
15 m
1. 5 m Discretion
of Counc 1 l
Co]lector Streets
20 m
15 m
1.5 m
,,
,:_
Local Residential Streets
Where more than SO~o of
the units a1·e single
or double dwellings
15 m
9 m
1.5 m
l
Where SO% or more of
the units a:re row
houses or apartments
20 m
9 m
1.5 m
2
Service Streets
15 m
9 m
1. 5 m Discretion
of Cou~cil
PART IV - Subdivision of Land
Page 53
(1)
N0 lot intended for residential purposes shall
have a depth exceeding four times the frontage.
(m)
Residential lots shall not be permitted which
abut a local street at both front and rear lot
lines.
(n)
The Authority may require any existing natural,
historical or architectoral feature or part
thereof to be retained when a subdivision 1s
developed.
(o)
Land shall not be subdivided in such a manner
as to prejudice the development of adjoining
land.
ENGINEER TO DESIGN WORKS A~D CERTIFY CONSTRUCTION LAYOUT
7 7.
( 1 )
Plans and specifications for all water mains,
hydrants, sanitary sewers, storm sewers and dll
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 sub-
division.
Arndt. 1/ 83
PART IV -
Subd1vis1on oi Land
Page 54
(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.
DEVELOPER TO PAY ENGINEER 1 S FEES AND CHARGES
78.
The developer s~all pay to the Authority all the
Engineer's fees and charges for the preparation
of designs and spec1f1cat1ons and for the layout
and supervision of construction;
such fees and
charges being percentages of the total cost of
materials and labour for the construction and
installation of all works calculated in accordance
with the Schedule of Fees recommended by the
Association of Professional Engineers of Newfouund-
land and in effect at the time the work 1s carried
out.
STREET WORKS ~AY BE DEfERRED
PART IV -
Subd1v1s1on of L~nJ
Page 55
79.
The construction and installation of all curbs
and gutters, ~at~h h8s1ns, sidewalks and paving
specified by the :\uthor1r_y as being necessary,
may, at the Authority's discretion} be deferred
until a later stage of the work on the develop-
ment of the subdiv1s1on 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 installat1on of the works.
In the later stage 0£ the work of development, the
Authority shall call for tenders for the work of
construction and 1nstalldtion 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 1s 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.
PART IV -
Subd1vis1on of La~d
Page 56
TRANSFER OF STREETS AND UTILITIES TO AUTHORITY
80.
( 1 )
The developer shall, following the approval
of the subdiv1~1on 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 use as streets,
or other rights-of-way, or for other
public use;
(b)
all services or public works including
streets, water supply and distribution
and sanitary 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 Engine~r shall, at the
cost to the dev~loper, test the streets,
services and public works installed in the
subdivision and certify his satisfaction with
their installation.
PART IV - Subdiv1s1on of Land
Page 57
(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.
RESTRICTION ON SALE OF LOTS
81.
The developer shall not develop or dispose of any
lot within a subdivision for the purposes of develop-
ment 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,
Lb)
satisfactory access to a street is provided
for the lots.
GROUPING OF BUILDINGS AND LANDSCAPING
8 2.
(1)
Each pldn of ~ubd1v1s1on shall make provision
for the grouping of building types and for
landscaping in orJer to enhance the visual
aspe:ts of the completed development and to
make the most use of existing topography and
vegetation.
Arndt. 1/8::,
PART IV - Subdivision of Land
Page 58
(2)
Building groupings, once approved by the
Authority, shall not be changed without
written application to and subsequent
approval of the Authority.
PART V - USE ZONES
USE ZONES
.':5 3.
( 1)
Fo1 the purpose of these Regulations, the
Planning Area is divided into Use Zones
which are shown on the Zoning Map attached
to and forming part of these Regulations.
(2)
Subject to Regulation 8.5 (3), the permitted
use classes, discretionary use classes,
standards, requirements and conditions applic-
able to each Use Zone are set out in the Use
Zone Tables 1n Schedule C of these Regulations.
(3)
Where standards, requirements and conditions
applicable in a Use Zone are not set out in
the Use Zone fables 1n Schedule C, the Authority
may in its discretion, determine the standards,
requirements dnd conditions which shall apply.
USE CLASSES
84.
The specific uses to be included in each Use Class
set out in the Use Zone Tables 1n Schedule C shall
be determined by the Authority 1n accordance with the
classification and examples set out in Schedule B.
PART V -
Use Zones
Page 60
PERMITTED USES
85.
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.
DISCRETIONARY USES
86.
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 ~ith Regulation 22 and has considered
any objections or representations which may have
been received on the matter.
USES NOT PERMITTED
87.
Uses that do not fall within the Permitted Use
Classes or Discretion2ry Use Classes set out in
the appropriate Use Zone Tables in Schedule C,
shall not be permitted 1n that Use Zone.
SCHEDULE A
DEFINITIONS
"ACCESS" means a way, intended for use by vehicles,
pedestrians or animals as a means of going from a
road, street or highway to land adjacent to it.
"ACCESSORY BUILDING" means a detached subordinate
building not used for human habitation, located on
the same lot as the main building structure or use
to which 1t is accessory, the use of which is naturally
or customarily incidental and complementary to the main
use of the building, land or structure, and shall include:
a)
b)
CJ
In the case of residential uses:
domestic
garages, carports, ramps, sheds, swimming
pools, greenhouses, cold frames, fuel sheds,
vegetable storage cellars, shelters for
domestic pets, or radio and television antennae.
In the case of commercial uses:
or garages.
In the case of industrial uses:
offices, raised ramps and docks.
workshops
garages,
"ACT" means the Urban and P.ural Planning Act.
SCHEDULE A -
Definitions
Page 2
"ADVERTISEMENT" means any word, letter, model, sign,
placard, board, notice, device or representation,
whether illuminated or not) in the nature of and
employed wholly or in part for the purposes of advertise-
ment, announcement or direction;
excluding such thing
employed wholly as a memorial, or functional advertise-
ment of Councils, or other local authorities, public
utilities and public transport undertakers, and
including any hoarding or similar structure used or
adapted for use for the display of advertisements.
"AGRICULTURE" means horticulture, fruit growing, grain
growing, seed growing, dairy farming, the breeding or
rearing of livestock, including any creature kept for
the production of food, wool, skins, or fur, or for
the purpose of its use in the 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
farrrnng of land for any other purpose, and "agricultural"
shall be construed accordingly.
''AMUSEME~T USE'' means the use of land or buildings
equipped for the playing of electronic, mechanical,
or oth~r games and amusements including electronic
games, pin ball ga~es and slot machine arcades and
b1ll1ard and pool nalls.
SCHEDULE A - Defin1t1ons
Page 3
"ANIMAL UNIT" means any one of the following animals
or groups of animals:
1 Bull
1000 Broiler Chickens or roasters
(1.8-2.3 kg each)
1 Cow (including calf)
100 Female Mink
(including associated males and kits)
100 Female Rabbits
(including associated males and litter)
4 Goats
X Hogs (based on 453.6 kg= 1 unit)
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)
x Turkeys, Ducks, Geese
(based on 2,268 kg= 1 unit).
"APARTMENT BUILDING" means a building containing three
or more dwelling units, but does not include a row
dwelling.
"APPEAL BOARD" means the appropriate Appeal Board estab-
lished under the Act.
"ARTERIAL STREET" means the streets in the Planning Area
constituting the main traffic arteries of the area and
defined as arterial streets or highways in the Municipal
Plan or on the Zoning Map.
SCHEDULE A -
Def1n1tions
Page 4
11 BOARDING HOUSE" means a dwelling in which at least
2 rooms are regularly rented to persons other then
the immediate family of the owner or tenant.
"BUILDING'' means 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 LINE'' means a line established by the
Authority to set the horizontal distance between the
closest point of a building and the street line.
''COLLECTOR STREET" means a street that 1s 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.
11 DAY CARE CENTRE" or "DAY NURSERY" means a building or
part of a building in which services and activities are
regularly provided to children of pre-school age during
the full daytime period as defined under the Day Nurseries
Act, but does not include a school as defined by the
Schools Act.
SCHEDULE A -
Def1n1t1ons
Page 5
''DEVELOPMENT" mean!:> the carrying out of any building,
engineering, ~1n1ng er other operations in, on, over,
or under land, or thl:
1r1 r1k1ng of any material change in
the use,
c, r th v
1 n t t' r1 s 1 t y ,if use of any 1 and, bu i 1 dings ,
or premises and without 11i,,.1L1ng the generality of the
foregoing, shall spe~1i!cally include:
a)
the making of an access onto a highway,
b)
the erection of an cidvertisement 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, 0r f0r living accommodation, for
any oeriod of time.
and shall exclude:
Li )
t h e '.: a r r y i n g , , u t
o f w o r k s for t !1 e m a int en an c e ,
improvtment 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 carryjng out by a highway authority of any
works required for the maintenance or improve-
ment of a road, being works carried out on land
w1th1n the boundaries of the road reservation;
f)
the carrying out by any local authority or
statutory undertakers c.,f any works for the
purpose of inspecting, repairing or renewing
c1ny sewers, mains, pipes, cables or other
apparatus, including the breaking open of any
street or other land for that purpose;
s Ui [ L) J Lt
) ,, f 1
} '1
g )
1 ~. · ·
t -- ; ,~
J .r
.1
'J
b 1~ 1 l u ~ n:?;
::.; I:
1 and w 1 th 1 n
th,~ ,,.:,;r.,..iL.:\~t' .._:ta Jw~llL1g house for any
~~ 11 r p o ~, e-
u1-
1 J i2 , 1 - a 1 t o
t h e e n j o y m en t
'J f
1'DIREC:TORf
1
mt>J.
..
l1:e U1r0· r.c"/· uf U~h3.n and Rural
'' DOU B L E D \VE L L ; "J -~ 11
,;1 t.: d n ~
;:~
t) ,J J. 1 d 1 n g c o n t a i n i n g t w o
d w e l l 1 n g u n i t :> ,
D l d. (, e d o n ~ ab o v e
t h e o t h e r , o r
s i d e
t y s 1 .:J e ;
1~ 11 t
d -J t: ':~
11 t) t
1 n c : u , ... -:
8
;_, e 1 f - co n t a j n e d d w e 1 1 i n g
o f
-J :l e
:, r
m ,·.1 re l 1 ::'- fJ
~ :·. (1 ~, 1 e
1 , 1 -.h. i
u s e d o r d e s i g n e d a s
t h e
l _ v 111 g o u art , r ~:
:.: c, 1.
( 1! e h c, .. :, eh u l d
:=, \- ,:.; r P. ::i s, 1 t ,, a d l
e n g 1 n e e r
e mp 1 o y e d
o r
reL11ned b
'he 1,u,~!1or1t:1
a .. :-: . 1 1T1 n '.J d 2 t. 1 1 , 1.:-.
~- h .1 n
S 1 X
( 6) persons
ext"' 1 ~J s 1 ,r f:
,1 t s ~~ ~i i_. +-"
L 11
~,i
1-t \_i ,~: t~
~ l 1 kt.! set t in g .
Subject
~ ,, ,
t h e s 1 :. , -
, 1 r:1 1 t ,.1 t 1 , 11 ,
t !11 --;
j
--=· f L n L t 1 on i n c 1 u d e s ,
fJut 1s 1\u~·
i Ill l
~ l: J
t ,J
:t,e fc1c1.lLt1es called ''Group
SCHEDLJf E \
-
Oefin1t1ons
Page 7
" F LOO R A. R EA ff
,n e u n :,
1 h ::
ur ·;, area \It all floors 1n a
b111ld1ng measured to
e
: ~l ,_ s j d e fa c e o f ex t er i o r
w a 1 1 s .
' ' f· R (J N TA i,; F ' 1
m e a n s
t h e
; i (,
,
,
" r ;1 1 d 1 s : a n c e b e t w e en s i d e
l o t
"F~ONT YARD DEPTHlf
r,1t->an~·.
tt1e distance between the front
lot line of a
~~t and the tro~t wall of the main building
on the lot.
' 1 G 1\ RA (~ E ' 1
m e a i 1 s
a.
; , , i 1 J Ii 1 i 1 g
--- -.· ': t t ~ d f o r
t h e
s t o r a g e o f
m o t o r
v eh i (: le- s a~.
J. n
a. n c 1 1 1 a 1· v
1, , c
t o a ma 1 r: bu i 1 ding on the
l () t .
'
\ 1 ·~ r:
n f
l a n cl
o r
b u 1 1 d 1 n g s
tor
1_ h 0
p u r po s ,:
u t
., t () 1 1 : , g >
_1 '., s c ,n b l 1 n g ) alter 1 n g , rep a 1 ring ,
m '.:i n u fa c t u r 1 n g ,
fa b r 1 :: d t 1 n g , :J a c k 1 n g ,
c a n n i n g ,
p r e p a r i n g ,
b r r:: a k L n g u p ,
J e m u l 1 ', ! 1 1 n g }
~) r
t r e a t 1 n b a n y a r t i c 1 e , c o mm o J 1 t y
c.1 r1 d
1
- 1 i 1 1.l , , .3 t r y 1 '
s h a 1 1 b e c o n s t r u e d a c c o rd 1 n g 1 y .
for rep a 1 r,
11: d. 1 :1 Len ;. 11 ~ f"
an J
::it or age of motor v eh i c 1 es
d. 11 J
111 a y
1 n ~- Lu d ~ t he
'1 .i l c o t gas o l 1 n e or dies e 1 o i 1 .
" HA 2 i\ R D O US
~ '. D U '.:1 l
1n ' , n e .1 n -=
-_ h l'
t b e
o :f l and o r
b u 1 1 d 1 n g s
for 1nJustt1a1 ~1urp1.,--;,c _,
1nv,)lv ,_ng the U!::>e of materials or
SCHEDULE .\ -
Definitions
Pdge 8
processes which because of their inherent character-
istics, constitute a special fire, explosion, radiation
or other hazard.
"INSPECTOR" means any person appointed and engaged as
an Inspector by the Authority or by any federal or
provincial authority or the agent thereof.
"INSTITUTION" means 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 b u_i 1 dings and structures .
"LIGHT INDUSTRY" means use of any land or buildings for
any general industrial use that can be carried out with-
out 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.
SCHEDULE A -
Def1n1t1ons
Page 9
"LOCAL STREET" means a street designed primarily to
provide access to adjoining land and which 1s not
designated as a collector street or arterial street
in the Municipal Plan, or on the Zoning Map.
"LODGING HOUSE" means a dwelling in which at least
2 rooms are regularly rented to persons other than
the immediate family of the owner or tenant.
"LOT" means any plot, tract or parcel of land which
can be considered as a unit of land for a particular
use or building.
"LOT COVERAGE" means 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.
"LOT AREA" means the total horizontal area within the
lot lines of the lot.
"MINERAL WORKING" means land or buildings used for the
working or extraction of any naturally occurring sub-
stance.
"MOBILE HOME" means 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
SCHEDULE A -
Def1n1t1ons
Page 10
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
( i i)
on a permanent foundation;
and,
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" means a mobile home development under
single or joint ownership, cared for and controlled by a
mobile home park operator where individual mobile home
1 o t s a r e r en t e d o r
1 e a s e d
\v i t h o r w i t h o u t mob i 1 e h o m e
units placed on them and where ownership and responsibility
for the maintenance a~d development of site facilities
including underground services, access roads, co~munal
areas, snow clearing 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 ~y the Authority.
SCHEDULE A - Defin1t1ons
Page 11
''MOBILE HOME SUBDIVISION" means a mobile home develop-
ment requiring the subdivision of land whether in single
or joint ownershi~ 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.
" 0 WN E R" me an s an y p e r s o n , f i rm o r c o r p o r a t i o n c o n t r o 1 1 i n g
the property under consideration.
"PIT AND QUARRY WORKING" carries the same meaning as
Mineral Working.
"REAR YARD DEPTH" means the distance between the rear
lot line and the rear wall of the main building on the
lot.
"RESTAURANT" means a building or part thereof, designed
or intended to be used or occupied for the purpose of
serving the general public with meals or refreshments
for consumption on the premises.
"ROW DWELLING" means three or more dwelling units at
ground level in one building, each unit separated
vertically from the others.
SCHEDULE A - Definitions
Page 12
"SEASONAL RESIDENCE" means a dwelling which is
designed or intended for seasonal or recreational
use, and is ~ot intended for use as permanent living
quarters.
"SERVICE STATION" means any land or building used
exclusively for the sale of petroleum products,
automotive parts and accessories, minor repairs,
washing and polishing of motor vehicles.
"SERVICE STREET" means a street constructed parallel
to or close to another street for the purpose of
limiting direct access to that street.
"SHOP" means a building or part thereof used for retail
trade wherein the primary purpose is the selling or
offering for sale of goods, wares or merchandise by
retail or the the selling or offering for sale of
retail services but does not include an establishment
wherein the primary purpose is the serving of meals or
refreshments, an amusement use, a general garage, or a
service station.
"SHOPPING CENTRE" means a group of shops and comple-
mentary uses with integrated parking and which is planned,
developed and designed as a unit containing a minimum of
5 retail establishments.
SCHEDULE A - Def1n1t1ons
Page 13
"S:DEYARD WIDTH" means the distance between a side lot
line and the nearest side wall of any building on the
lot.
''SHOWROOM'' means a bui. ld1ng or part of a building in
w~l~h samples or patterns are displayed and 1n which
orders may be taken for goods, wares or merchandise,
including vehicles and equipment, for later delivery.
"STREET" means any street, road or highway or any other
way designed or intended for public use for the passage
of vehicles and pedestrians, owned by the Authority or
other public agency and maintained at public expense,
and is accessible to Fire Department vehicles and eq~ip-
ment.
;!STREET LINE" means the edge of a street, road or highway
reservation as defined by the authority having jurisdiction.
"SUBDIVISION" means the dividing of any land, whether in
single or joint ownership, into two or more pieces for
the purpose of deve·lopment.
11 SUBSIDIARY APARTMENT'' means a separate dwelling unit
constructed within and subsidiary to a self-contained
dwelling.
"TAKE--OUT FOOD SERVICE" means a building in which the
primary purpose 1s the preparation and sale of meals or
SCHEDULE A - Definitions
Page 14
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 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 in Schedule C of the Regulations relate.
"ZONING MAP" means the map or maps attached to and form-
ing part of the Regulations.
In,_; ,~lass1f Cclt]C'T' l)t l_i.-,t_·:,
~~~-·1
.,,t
111 1't(: follL'wing table 15
n.::1:-eJ 1)n
1 ht· Cl ~s~
·.1 ,,j r,· 1,c,, 1 i-:1...:ll;p2nL1cs 1ncluded
d.S '.:'ab1.e 3 :
.:.'
.\ ~,r
\,:t ~,11 -- ,
j1_~
:d1:1~~ c·oJe ,,f Canada, 1980.
Trn:, c-~-1::is1f1cat1,1:I ~s h"ferred t,; in i:Zc·su~atlon 8·-+.
----------,
·----1
!
GROUP
i
I
! __ ------~------
I
I
\
l.
DTVTSJON
\,,semt)lv '.J:tc,
lrltt:"lGt::~
t ~1e l' · i,tur·' , 1Jr:
ar 1<: v :_~'r'1, litg
1"\f
t · 1 ~-
~ 1,: rt,·· r :-11 :r. 6
.. 1 rt~-
EXAMPLES
-- ~----------~--~~--------------
~lot1.Jn Picture T>1eatres
Theatres
T.V. Studios a<lmitting
-- 1 1cri 1 ence.
I
I
,-------- ---· ----·--- ---··--~------ ---- i---- ----
: l :.t) Cul ~·ural
3.Ed
;_~ i V: C
Libraries
~1us eums
Art Galleries
Court Rooms
1 ~eet ing Rooms
Council Chambers
i
----· -------r-··------
1
!_b) Ceneral
Assembly
1
Coinmuni ty Ha 11s
Lxige Halls
Dance Halls
G)innas i a
Aud1toria
Bowling Alleys
I·- -·------ ··---~ ---------------
··ducat ional
Schools
Col ~eges
(ncn res1dent1alJ
'-------------------------
:d) P bee
of
l~l,rship
!--------
Ce) Passenger
~ssembly
·.~hurches and s1rn1lar
places of worship.
Umrch Hal 1 s
Passenger Terminals.
i
---·---~-+------
-------------·-- --j
'·--·-------·---·-----
I (t} C1.~lb
ir,d I.J'--1 re
fll\~te Clubs and
LoJ£:es
~
(non res1dent1~ll
·-·-··------~------·--------- -----
'
C L A S S I F I C i\ T I n \ : ) F ! 1 ~' ~-
·_,
( ) ;
r------------ ___ "r _____
-
--
--
·---- --------
-
-- ·-·-·-
-----~------,
----· ·---
-
-,----- ----
.-
I
I
I
:
GROUP
A, ASSEMBLY
USES
(coLtlnued)
DIVIS IC~~
Ass t:rib .l :'
Us t:5
(cur.t lTlU1.'~'
C LAS'.:J
-----~--.... -----·- -~;----- - ·----.... - --~--=~--------- ---~
I
( h) Ft.t:.eral
Hewe
Rest :'.:l,tr r1t s
.___ _________ ·- . ~--
---··
. -- . ··- ---··- -~-- -
. ---
( 1 J Cln 1 J
Caie
r·- --- -- -
I
I
E 1 ,~\,_ _ :-orn ,:: Games
Ar·cades
P1 t,lJal l
l-"'cH lour·-~
-- ----1
-i------- ----·· -
-- ---·- ,- .. ·- ---- - -----·-· t" ---- --- -
3.
Arena-tvrie
Uses
------ - -----
-+.
Gpen-c1ir
r\,sserrw-!y
Use:.
' (a) Indoor
rbsembly
A.rmc1..n 1 es
1,.:: e R.L11K3
InJoo r Sw 1mmir1.g Pc,o t :~
~---- --- ______ .,.. __ ... ~
~ --~1 ~------.,,.-.--~- -- ----~-, .,_. ~-~----- ___ 3, ---
---
1
( it )
,r) '.lt J () l
_::"
,\:::)embl,
Bl ,:achers
1·;r'1ndst J11ds
() \, .. _ d e, 1 r
I c e R 1 1, i.. -
ci. J I j s w i JT, :T!l n b p ' ; ' ~ .,
~r1;.1~ 0::H::11t Par],-=
d.1,J Fa.1 r-grc,iunJ.,
F. x ;~ 1 ln t 1 on Cr o u n d s
D n v e - 1 n Th t· c.1 t r e ::-i
----------------L- --~------------_..,_ ______ -
~·-~--- -------
~ ---
B.
INSTITLIT IONAL
1.
USES
L_ _____ -----···----
Pena L an,J
Correct;onal
Institutional
Uses
(a)
1)~nai
and
C 1) :- r e c t i c, n '-" l
Oetcnt1on
'J l J l :-,
P ei1 ; tent 1 ar i es
t1,J l 1 ce S!at ions w1 t:1
\let('nt1on ,1u,Jrters
Pr1son.:.;
r~..., . .rch1at ric H0sp1 tc.11 s
✓ 1 ·r- h d ' r eri t 1 -.J 11
- i 11 ,1 rte rs
R, · r 0 rm c1 t c n es
~\-
CLASSIFICATION OF USES OF
LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
I
I
I
B. INSTITUTIONAL
2. Special Care
(a) Medical
Children's Homes
USES
Institutional
Treatment
Convalescent Homes
(continued)
Uses
and
Homes for the Aged
Special
Hospitals
Care
Infirmaries
Orphanages
Psychiatric Hospitals
Sanatoria
i
!
I
C.
RESIDENTIAL
1.
Residential
! (a) Single
Single Detached
USES
Dwelling
Dwelling
Dwellings
Uses
Fann ly and Group Homes
I
!
(b) Double
Semi-detached Dwellings
Dwelling
Duplex Dwellings
Family and Group Homes
I
I
(c) Row
Row Houses
I
Dwelling
Town Houses
I
I
Family and Group Homes
!
I
I
I
I
(d) Apartment
Apartments
Building
Family and Group I {ome s
I
I
I
i
i
I
I
I
2. General
(a) Collective Residential Colleges
I
Residential
Residential
and Schools
!
lJses
University and College
i
Halls of Residence
Convents and
Monasteries
Nurses and Hospital
Residences
I
I
I
__J
I
CLASSIFICATION OF USES OF
LAND AND BUILDINGS
I
GROUP
DIVISION
CLASS
EXAMPLES
I
C. RESIDENTIAL
2. General
(b) Boarding
Boarding Houses
USES
Residential
Ifc,use
Lodging Houses
(continued)
Uses
Residential
(continued)
( C) Commercial
Hot els and ~!ote 1 s
I
Residential
Hostels
I
Residential Clubs
I
(d) Seasonal
Summer Homes and
Residential
Cabins
Hunting and Fishing
Cabins
I
l
I
I (. l
I
I
'.-1obile
~.fobile Homes
I
I
Homes
!
I
I
D.
BUSINESS AND
1. Business,
(a) Office
Offices, including
PERSONAL
Professional,
Government Offices
SERVICE USES
and Personal
Banks
Service Uses
I
(b) Medical
Medical Off ices and
and
Consulting Rooms
Professional
Dental Offices and
Surgeries
Legal Offices
Similar Professional
Offices
i
i I
I
I
I
!
i
!
(c) Personal
Barbers
I
I
Service
Hairdressers
I
Beauty Parlours
I
l
I Sma 11 App llance Repa1rs
1
;
I
!
IC d) General
Self-service Laundries
I
I
Service
Dry Cleaners (not using
I
flammable or explosive
I
substances)
I
Small Tool and Appli-
I
ance Rentals
l
I
Travel Agents
!
_j
CLASSIFICATION OF US£S OF
LAND AND 8UILDI~GS
GROUP
D. BUSINESS AND
PERSO;'JAL
SERVICE USES
(continued)
E. MERC:\.\ff I LE
USES
I
I
i
DIVISION
1. Business,
Professional
and Person
Service Us
(continued
al
es
)
1. Retai 1. Sale
and Display
Uses
( f)
(g)
(h)
I I
(i)
(a)
! (b)
I ,
I
CLASS
Communi-
cations
Police
Station
Taxi
Stand
Take-out
Food
Service
Veterinary
Shopping
Centre
Shop
(c) Indoor
~:arket
f- _________ J__ _______
---4--_____
_
EXAMPLES
Radio Stations
Telephone Exchanges
Police Stations
without detention
quarters
Taxi Stands
Take~out Food Service
Veterinary Surgeries
Shopping Centres
Retail Shops and
Stores and Showrooms
Department Store~
Market Hal ls
Auction Halls
I I
I
~
I
I
!
I
I
I I
I
l
1
i
I
l
I
I
i
I
:
I
l
.-l
-
(J
-
CLASSIFICATION OF USES OF
LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
E. MERCANTILE
l.
Retail Sale
I (d) Outdoor
Market Grounds
USES
and Display
:v1arket
Animal :-.1arkets
(continued)
Uses
Produce and Fruit
(cont:.nued)
Stands
Fish Stalls
i I
I c e) Convenience
Confectionary Stores
I
Store
Corner Stores
I
Gift Shops
I
Specialty Shops
I
F.
INDUSTRIAL
l. [nJustr1al
(a) Hazardous
Bulk Storage of
USES
uses involving
Industry
fl anunable and
highly
hazardous liquids
combustible
and substances.
and hazardous
Chemical Plants
substances
Distilleries
and processes
Feed Mills
Lacquer, Mattress,
Paint, Varnish, and
Rubber Factories
Spray Painting
i
I
2. General
I ! (a) General
Factories
Industrial
I
Industry
Cold Sto:-age Plants
Uses involving
Freight Depots
limited
General Garages
hazarduus
Warehouses
substances
Workshops
and
Laboratories
processes
Laundries
I
Planing Mills
I
Printing Plants
Contractors' Yards
I
I I
I r--
I
(b) Service
Gasoline Service
Station
Stat ions
Gas Bars
I I I I +-----
I
I "·
I j
- Light J, \Jon-
(a) Light
Light Industry
h:1=ardou5 or
Industry
Parking Garage'3
\on-1ntrus1vc
i
Indoor Storage
Industrial Use~;
ifarehouses,
1\'orksho12s
___J
CLASSIFLCATION OF USES OF
LAND A~D BUILDINGS
GROUP
G. NON-BUILDING
USES
I
I
11.
I
DIVISION
Uses not
directly
related to
Buildings
T
CLASS
(a)
Agriculture
lb) Forestry
(c) Mineral
Working
(dJ
Recreational
Open Space
EXAMPLES
Commercial Farms
Hobby farms
M2rket G~rdens and
:-Jurser1es
Tree Nurseries
Silviculture
Quarries
Pits
Mines
Oil Wells
Playing fjelds
Sports Grounds
Parks
Playgrounds
~-------------------------"T
( e)
Conservation
! (f) Cemetery
Watershe<ls
Buffer Strips
Flood Plains
Architectural,
Historical and
Scenic Sites
Steep Slopes
Wildlife Sanctuaries
Cemeteries
Craveyards
I
I
·--l
L-------
t
---------t
1
I
i ( g) Scrap
Ydrd
Car Wrecking Yards
Junk rards
Scrap Dealers
I
!
I
CLASSIFICATION OF USES or LAND AND BUILDI~GS
GROUP
G. :WN-BUILDING
USES
(continued)
' I
i l
!
DIVISION
1.
llses not
directly
related
to
Buildings
(continued)
CLASS
(h) Solid
Waste
(1) Animal
(J) Antenna
(k) Trans-
portation
I
i
EXAMPLES
Solid Waste Disposal
Sanitary Land Fill
Incinerators
Animal Pounds
Kennels
Zoos
TV, Radio, and
Corrnnunications
Tran.sli11tting and
Receiving Masts and
Antennae
Airfields
Railway Yards
Docks and Harbours
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 purposes 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:
Page
Residential -
Low Density ....................... 2
Residential -
Medium Density .................-.. 5
Residential -
Unserviced ........................ 8
Mixed Development .-..................-..-...... 11
Mixed Development -
Unserviced ................. 13
Comprehensive Development Area ................. 15
Commerc ia 1
-
Genera 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7
Commercial
-
Highway ...-...................... 19
Industrial
-
General .-...........-........-... 21
Indus t r i a 1
-
Mar in e . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3
Cultur;::il and Civic .....................-...-... 25
Institutions - Medical ......................... 27
Recreational Open Space ................-....... 28
Conservation ..............................--... 29
Watershed Conservation ..............-.....-.-.. 30
Transportation ........-...........---.......... 31
Rural ......-.....................--............ 33
Schedule of Street Reservations ................ 37
CONDITION APPLYING TO ALL USE ZONES
Archaeological Finds:
In the event of an archaeological find occurring as a result of development
in any use zone, development of the site will cease and the developer will
immediately notify the Authority of the find.
The Authority will immedi-
ately contact the Historic Resources Division of the Department of Culture,
R:creation and Youth for advice as to appropriate action.
Seasonal Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37.1 DRA 3, 1991
SCHEDULE "C"
Page 2
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL -
LOW DENSITY
PERMITTED USE CLASSES
(see Regulation 85)
Single dwelling, double dwelling, recreational open space, conservation.
DISCRETIONARY USE CLASSES
(see Regulations 22 and 86)
Row dwelling, apartment building, subsidiary apartment, place of worship,
educational, child care, medical and professional, personal service,
convenience store, antenna.
STANDARDS
WHERE
PERMITTED
APARTMENT BUILDING
1
2
3 I
Single
Double
Row
Bedroom
Bedroom
Bedroom
Dwelling
Dwelling
Dwelling
Apt.
Apt.
Apt.
4
Bedroom
Apt.
Lot area (m2)
650
550
450
300
400
450
500
(minimum)
Floor area (m2)
90
(minimum)
Frontage (m)
20
(minimum)
Building Line
8
Setback (m)
(minimum)
Sideyard Width (m)
1.5
(minimum)
Rearyard Depth (m)
15
(minimum)
Lot coverage ("/a)
(maximum)
. Height (m)
33
8
* per dwelling unit
_,_
85
_,_
35
8
1.5
15
33
8
_,_
_ ,_
_ , _
_ , _
_, _
(average)
80
so
60
70
80
-k
_,_
_ ,_
_, _
_,_
14
42
(average)
10
10
1.5
5
15
15
33
33
10
10
CONDITIONS FOR RESIDENTIAL LOW DENSITY ZONE
1.
Services
SCHEDULE "C"
Page 3
Each building lot is required to have direct frontage on a public road.
Development may be permitted only where full municipal water and sewer
s e r v ice s a re i mm e d i a t e 1 y av a i 1 ab 1 e , or , in the ca s e o f
Buck 1 e ' s
Po int
where municipal water supply survice only is available, sewage disposal
may be by privc1te sewer line piped directly to a point below the low
water mark
Discretionary use classes at Buckle's Point are accordingly limited to
child care, medica 1 and professional, persona 1 services, convenience
store, and antenna, where such use is deemed by the Authority to be
compatible with maintaining a publicly acceptable level of environmental
quality in the area of sewage discharge.
2.
Residential Density
In any fully serviced Residential Low Density Zone there shall be not
more than 20% apartment units, row housing units or a combination of
apartment and row housing units, the remainder being either single or
double dwellings or a combination of single and double dwellings.
3.
Subsidiary Apartment
One subsidiary apartment may be permitted in a single dwelling and, for
the purposes of calculating lot area and yard requirements, shall be
considered part of the single dwelling.
Provision shall be made for at
least two off-street parking spc1ces.
Minimum floor area requirements
for a subsidiary ;:ipartment are 40 square metres for a one-bedroom unit
plus 10 square metres for each additional bedroom.
4.
Discretionary Uses -
Site Standards
Subject to limitation of discretionary uses at Buckle's Point prescribed
in Condition 1, discretionary use classes listed in the table may be
permitted at the discretion of the Authority provided that they are
complimentary to uses within the permitted use classes or that their
development
will
not
inhibit
or
prejudice
the
existence
or
the
development of such uses.
A place of worship or an educational use may be permitted only on sites
to which municipal water and sewer services are directly available.
Where permitted, they shall conform with siting standards prescribed for
Apartment Buildings.
5.
Educational Uses
The only educational uses that may be permitted on a discretionary basis
are elementary schools.
6.
Convenience Stores
Convenience stores may be permitted as a discretionary use under the
following conditions:
( i)
The store shall form part of, or be attached to a
single dwelling.
SCHEDULE "C"
Page 4
(ii)
The retail use shall be subsidiary to the residen-
tial character of the area, and shall not affect
residential amenities of adjoining properties.
(iii) Off-street parking for at least two automobiles shall
be provided for the use of customers.
(iv)
The maximum floor area of a convenience store shall
be 40 square metres.
7.
Medical, Professional and Personal Service Uses
Medical, professional or personal service uses may be permitted only in
conjunction with single dwellings in the form of doctors' consulting
rooms,
personal services,
small
business services,
small
appliance
repair and sporting goods repair service and similar uses provided that:
( i)
The use is clearly subsidiary to
use and does not
detract
from
character of the neighbourhood.
the
the
residential
residential
(ii)
No wholesale sales or storage of goods is carried
out, any retail sales are incidential and subsid-
iary to the approved use and that no repairs to
vehicles or heavy equipment are carried out.
(iii)
Activities associated with the use are not hazard-
ous and do not cause noticeable noise, odour, dust
or fumes, or inconvenience and are not a nuisance
to the occupants of adjoining residences.
(iv)
Not
more than twenty-five
(25)
percent
of
the
total floor area of the dwelling up to a maximum
of 45 square metres is devoted to the use.
(v)
The minimum required floor area of the dwelling
shall continue to be met.
8.
Accessory Buildings
Accessory buildings shall have a lot coverage no greater than
7% and a height of not more than 3 metres.
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL -
MEDIUM DENSITY
PERMITTED USE CLASSES
(see Regulation 85)
Single dwelling, double dwelling, recreational open space, conservation.
DISCRETIONARY USE CLASSES
(see Regulations 22 and 86)
SCHEDULE "C"
Page 5
Row dwelling, apartment building, subsidiary apartment, boarding house, mobile home
place
of
worship,
educational,
child
care,
convenience
store,
medical
and
professional,personal services, antenna.
STANDARDS
WHERE PERMITTED
APARTMENT BUILDING
Single
Double
Row
1
2
3
4
Dwelling Dwelling
Dwelling Bedroom
Bedroom
Bedroom
Bedroom
Apt.
Apt.
Apt.
Lot area (m2)
450
390
350
200
250
280
300
(minimum)
-'·
(average)
-··
·k
-'·
-··
Floor area (m2)
80
80
65
40
50
60
70
(minimum)
-'·
-··
-··
-··
-'·
-'·
Frontage (m)
15
26
12
36
(minimum)
-'·
(average)
Building Line
6
6
8
8
Setback (m)
(minimum)
Sideyard Width (m)
1.5
1.5
1.5
5
(minimum)
Rearyard Depth (m)
14
14
14
14
(minimum)
Lot coverage (%)
33
33
33
33
(maximum)
Height (m)
8
8
10
10
(See conditions)
-'· pE!,r dwelling unit
CONDITIONS
1.
Services
SCHEDULE "C"
Page 6
Each building lot is required to have direct frontage on a public road.
Development may be permitted only where full municipal water and sewer
services are immediately available, or, in the case of the southern
extremity of the Waterfront Road where municipal water supply service
only is available, sewage disposal may be by private sewer line piped
directly to a point below the low water mark.
Discretionary use classes in the southern extremity of Waterfront Road
are accordingly limited to the following:
Child care, medical and professional,
personal
service,
convenience
store, and antenna.
These uses may be permitted where deemed by the Authority to be compat-
ible with maintaining
a
publicly acceptable
level
of
environmental
quality in the area of sewage discharge.
2.
Residential Density
In any fully serviced Residential Medium Density Zone there shall be not
more than 20"/o apartm0nt units, row housing units or a combination of
apartment and row housing units, the remainder being either single or
double dwellings or a combination of single and double dwellings.
3.
Subsidiary Apartment
One subsidiary apartm0nt may be permitted in a single dwelling and, for
the purposes of calculating lot area and yard requirements, shall be
considered part of the single dw0lling.
Provision shall be made for at
least two off-street parking spaces.
Minimum floor area requirements
for a subsidiary apartment are 40 square metres for a one-bedroom unit
plus 10 square metres for each additional bedroom.
4.
Mobile Home
A mobile home shall conform in all respects to the definition of "Mobile
Home" set forth in Schedule A.
Lot area and siting requirements shall
conform with standards prescribed for single dwellings in this zone.
5.
Discretionary Uses -
Site Standards
Subject
to
the
limitation of discretionary
uses
in
the
partially
serviced section of.
the Waterfront
Road prescribed
by
Condition l,
discretionary use classes listed in the table may be permitted at the
discretion of the Authority provided that they are complimentary to uses
within the permitted use classes or that their development will not
inhibit or prejudice the existence or the development of such uses.
A place of worship or an educational use may be permitted only on sites
to which municipal water and sewer services are directly available.
Where permitted,
they shall conform with development standards pre-
scribed for Public Buildings.
6.
Educational Uses
The only educational uses that may be permitted on a discretionary basis
are elementary schools.
SCHEDULE "C"
Page 7
7.
Convenience Stores
Convenience stores may be permitted as a discretionary use under the
following conditions:
(i)
The store shall form part of, or be attached to a
single dwelling.
(ii)
The retail use shall be subsidiary to the residen-
tial character of the area, and shall not affect
residential amenities of adjoining properties.
(iii) Off-street parking for at least
two
automobiles
shall be provided for the use of customers.
(iv)
The maximum floor area of a convenience store shall
be 80 square metres.
8.
Medical, Professional and Personal Service Uses
Medical, professional or personal service uses may be permitted only in
conjunction with single dwellings and may be in the form of doctors'
consulting rooms,
personal services,
small
business services,
small
appliance repair and sporting goods repair service and similar uses
provided that:
(i)
The use is clearly subsidiary to the residential use
and does not detract from the residential character
of the neighbourhood.
(ii)
No wholesale sales or storage of goods is carried
out, any retail sales are incidcntial and subsid-
iary to the approved use and that no repairs to
vehicles or heavy equipment are carried out.
(iii) Activities associated with the use are not hazard-
ous and do not cause noticeable noise, odor, dust
or fumes, or inconvenience and are not a muisance
to the occupants of adjoining residences.
(iv)
Not more than twenty-five (25) percent of the total
floor area of the dwelling up to a maximum of 45
aquare metres is devoted to the use.
(v)
The
minimum
required
floor
area
of
the
dwelling
continue to be met.
9.
Accessory Buildings
shall
Accessory building shall have a lot coverage no greater than 7% and a
height of not more than 3 metres.
USE ZONE TABLES
ZONE TITLE
RESIDENTIAL-UNSERVICED
PERMITTED USE CLASSES (see Reg. 85)
Single Dwelling, double dwelling, recreational
open space, conservation.
DISCRETIONARY USE CLASSES
(see Regs. 22 & 86
Subsidiary apartment, mobile home, child care,
medical and professional, personal service,
convenience store, antenna.
SCHEDULE "C"
Page 8
The Residenticd-Unscrviced Zone is intended to regulate development within
presently unserviced areas to which full municipal services are expected to
be extended during the period o[ the plan.
When municipal water, sewer and
street services are directly c1vailable to sites within an area so desig-
nated, provisions of the Residential-Medium Density Zone will apply.
STANDARDS
Where
Permitted
Single
Double
Mobile Home
Dwelling
Dwelling
Lot area ,'d, ( m 2)
(a) 1400
(a) 1400,-,
(a) 1400
(minimum)
( b) 1860
(b) 1860,'(
( b) 1860
Floor area (m2)
90
85
}\ I\ I\
(minimum)
"'\
Frontage (m)
20
35
20
(minimum)
'k
Building Line
8
8
8
Setback (m) (minimum)
Sideyard Width (m) (minimum)
5
5
5
Rearyard Depth (m) (minimum)
15
15
15
Lot coverage (%)
15
15
15
(maximum)
_,_
Height (m)
8
8
1, "'._ I\
(See Conditions)
.
-kl
Per dwell in g unit.
··k ~-,-k See Condition 4 - Mobile Home
See Condition 1 -
Lot Area
CONDITIONS FOR RESIDENTIAL UNSERVICED ZONE
1.
Lot Area
SCHEDULE "C"
Page 9
Subject to the req 11irements of the Department of Health, the minimum
area of land required per dwelling unit shall be determinied, in
accordance with the water and sewer services available, as follows:
(a)
With a well water suppy and connection
to a municipal sewer or to a private
2
sewer discharging directly to the sea ....... 1400 m
(b)
With a well water supply and sewage
2
disposal by septic tank and tilefield ....... 1860 m
2.
Road Frontage
Each building lot is required to have direct frontage on a public
road capable of being used year round by service and emergency
vehicles,
and each dwelling
shall
be
serviced
by
an
adequate
pedestrian access.
3.
Subsidiary Apartment
One subsidiary apartment may be permitted in a single dwelling and,
for the purposes of calculating lot area and yard requirements,
shall be considered part of the single dwelling.
Provision shall be
made for at least two off-street parking spaces.
Minimum floor area
requirements for a subsidiary apartment are 40 square metres for a
one-bedroom unit plus 10 square metres for each additional bedroom.
4.
Mobile Home
A mobile home shall conform in all respects to the definition of
"Mobile Home" set forth in Schedule A.
No other discretionary use
may be permitted in conjunction with a mobile home.
6.
Convenience Stores
A convenience store may be permitted as a discretionary use only
under the following conditions:
(i)
The store shall form part of, or be attached to a
single dwelling.
(ii)
The retail use shall be subsidiary to the residen-
tial character of the area, and shall not affect
residential amenities of adjoining properties.
(iii) Off-street parking for at least two automobiles
shall be provided for the use of customers.
(iv)
The maximum floor area of a convenience store shall
be 80 square metres.
7.
Medical, Professional and Personal Service Uses
Medical, professional and personal service uses may be permitted
only in conjunction with single dwellings and may be in the form of
doctors'
consulting
rooms,
personal
services,
small
business
services, sma 11 app 1 icance and sporting goods repair and
s imi la r
uses, provided that:
SCHEDULE "C"
Page 10
(i)
The use is clearly sibsidiary to the residential use
and does not detract from the residential character
of the neighbourhood.
(ii)
No wholesale sales or storage of goods is carried out,
any retail sales are incidential and subsidiary to the
approved use, and that no repairs to vehicles or heavy
equipment are carried out.
(iii) Activities associated with the use are not hazardous
and do not cause noticable noise, odor, dust or fumes,
or
inconvenience
and
are
not
a
nuisance
to
the
occupants of adjoining residences.
(iv)
Not more than twenty-five (25) per cent of the total
floor area of the dwelling up to a maximum of 45 square
metres is devoted to the use.
(v)
The minimum required floor area of the dwelling shall
continue to be met.
8.
Accessary Buildings
Accessory buildings shall have a lot coverage no greater than 7% and
a height of not more than 3 metres.
9.
Discretionary Use Classes
The discretionary use classes listed in this table
at
the
discretion
of
the
Authority
provided
complementary to
uses within the permitted use
their development will not prejudice the existence
such uses.
may be permitted
that
they
are
classes or that
or development of
ZONE USE TABLES
ZONE TITLE
MIXED DEVELOPMENT
PERMITTED USE CLASSES (see Regulation 85)
Commercial residential, all use classes on the business
and personal service uses group (excepting food
take-out service), shop, convenience store,
conservation.
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Theatre, all use classes in the general assembly uses
division and residential dwelling uses division,
collective residential, boarding house residential,
mobile home, take-out food service, service station,
light industry, recreational open space, antenna.
CONDITIONS
1.
Development Standards
SCHEDULE "C"
Page 11
Development standards for this zone shall be as follows:
(a)
Minimum Building Linc Setback
10 metres
(b)
Minimum Sideyard
5 metres
(c)
Minimum Rearyard
10 metres
(d)
Maximum Height
10 metres
(e)
Residential development shall conform to the standards of the
Residential -
Medium Density Zone.
(f)
A mobile home shall conform in all respects to the definition
of
"Mobile
Home"
set
forth
in
Schedule
A.
Development
standards,
other
than
that
pertaining
to
"Floor
area
(minimum)", shall conform with standards prescribed for single
dwellings in the Residential -
Medium Density Zone
(g)
Development may be permitted only on land which has direct
frontage on a public road and where piped municipal services
are immediately available.
In this regard each residential
building lot is required to have independent direct frontage
on a public road.
Development will be required to connect to
these services prior to occupancy.
2.
Advertisement Relating to Onsite Uses
The conditions which apply to the erection or display of an advertisment
on any lot or site in this zone 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 construc-
tion of the advertisement shall meet the require-
ments of the Authority, having regard to the safety
SCHEDULE "C"
Page 12
and convenience of users of adjacent streets and
sidewalks and the general amenities of the surround-
ing area.
(ii)
No advertisement shall exceed 5 square metres in
area.
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erction or display of an advertise-
ment 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 3 square metres
in area.
(ii)
When the advertisements relate to a specific land
use, they shall be located within a reasonable dis-
tance of, and only show thereon the name and nature
of and the distance or direction to the premises to
which they relate.
(iii)
The location, siting and illumination of each adver-
tisement
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 they are complementary to
uses within the permitted use classes or that their development will not
inhibit or prejudice the existence or the development of such uses.
5.
Adjoining Uses
The Authority will pay particular attention to compatibility between
residential uses and any other permitted or discretionary use class that
may locate nearby.
To achieve this the Authority may require proposed
development to provide additional sideyard widths,
fencing and other
forms of buffer to an extent deemed reasonable by the Authority to
preserve the existing level of residential amenity,
USE ZONE TABLES
ZONE Tl TLE
MIXED DEVELOPMENT -
UNSERVICED
PERMITTED USE CLASSES (see Regulation 85)
Single dwelling, double dwelling, office, medical and
professional, personal service, convenience store,
child care, recreational open space, conservation.
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Educational, place of worship, catering, funeral home,
amusement, boarding house, mobile home, general
service, take-out food service, shop, service station,
light industry, antenna.
CONDITIONS
1.
Development Standards
SCHEDULE "C"
Page 13
a)
The development standards for this zone shall be as follows:
( i )
Minimum Building Line Setback
10 metres
( ii)
Minimum Sideyard
5 metres
( iii)
Minimum Rearyard
10 metres
(iv)
Minimum Lot Area
Requirements of
Dept. of Health
b)
Development may be permitted only on land which has direct frontage
on a public road.
c)
Residential development shall conform to the standards of the
Residential -
Unserviced Zone.
d)
When piped municipal water and sewer services are available permit-
ted and discretionary use classes and conditions of
development
shall conform to the Mixed Development Zone.
2.
Advertisement Relating to Onsite Uses
The conditions which shall apply to the erection or display of an adver-
tisement on any lot or site in this zone 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 5 square metres in area.
3.
Advertisements Relating to Offsite Uses
SCHEDULE "C"
Page 14
The conditions to be applied to the erction or display of an advertise-
ment 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 3 square metres
in area.
(ii)
When the advertisements relate to a specific land
use,
they shall
be
located within
a
reasonable
distance o[,
and only show thereon the name
and
nature of and
the
distance
or direction to
the
premises to which they relate.
(iii)
The location, siting and illumination of each adver-
tisement
shall
be
to
the
satisfaction
of
the
Authority, having regard to the grace 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.
Accessory Buildings
Accessory buildings sh,:dl' have a lot coverage no greater than 7%, or a
height of not more than 3 metres.
5.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at
the discretion of the Authority provided that they are complementary to
uses within the permitted use classes or that their development will not
prejudice the existence or the development of such uses.
USE ZONE TABLES
ZONE TITLE
COMPREHENSIVE DEVELOPMENT AREA
PERMITTED USE CLASSES
(see Regulations 22 & 86)
Agriculture, conservation.
SCHEDULE 'C"
Page 15
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Mineral Working,
CONDITIONS
1.
Development Standards
(a)
Development, other than the maintenance, operation and minor
extension of existing uses or as stated in this table, may be
permitted within this area only in accordance with a detailed
scheme of development for the entire area adopted by council
and approved in accordance with the Urban and Rural Planning
Act as a supplement to the Municipal Plan.
(b)
Development in accordance with an approved development scheme
will be permitted only when necessary municipal services have
been extended into the area and are immediately available to
the site.
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 5 square metres in
area.
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
3
square
metres in area.
SCHEDULE 'C"
Page 16
(ii)
When the advertisements relate to a specific land
use, they shall be located within a reasonable dis-
tance of, and only show thereon the name and nature
of the distance or direction to the premises
to
which they relate.
(iii)
The location, siting and illumination of each adver-
tisement
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 their development
will not inhibit or prejudice the development of the area for the
purpose anticipated in the Municipal Plan,
and,
in the case of
mineral working, shall comply with conditions prescribed for this
use in the Mineral Working Zone.
SCHEDULE "C"
Page 17
USE ZONE TABLES
ZONE TITLE
COMMERCIAL -
GENERAL
PERMITTED USE CLASSES
(see Regulation 85)
Theatre, catering, child care, all classes in the
business and personal service uses group and in
the mercantile uses group (except shopping center
and outdoor market), conservation.
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
All classes in the general assembly uses division,
commercial residential, shopping centre, outdoor
market, light industry, service station, recreational
open space, antenna.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
(a)
Minimum Building Line Setback shall conform with similar
c o mm e r c i a 1 use s
in
t he
vi c i n i t y ,
but
w he re
none
a re
present the Setback shall be determined by the Authority.
( b)
Minimum Sideyard Width, except where
buildings are built with adjoining
party walls
5 metres
(c)
Minimum Rearyard Depth
10 metres
(d)
Maximum Height
15 metres
Development may be permitted only on land which has direct frontage on a
public road and where municipal water and sewer services are directly
available.
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an adver-
tisement on any lot or site occupied by a use permitted or existing as a
legal non-conforming use in this zone shall be as follows:
(i)
The size, shape, illumination and material construc-
tion of the advertisement shall meet the require-
ments of the Authority, having regard to the safety
and convenience of users of adjacent streets and
sidewalks and the general amenities of the surround-
ing area.
SCHEDULE "C"
Page 18
(ii)
No advertisement shall exceed 5 square metres in
area.
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
sha 11
not exceed
3
square
metres in area.
(ii)
When the advertisements relate to
a
specific
land use, they shall be located within a reason-
able distance of, and only show thereon the name
and nature of 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
at the discretion of the Authority provided
mentary to uses within the permitted use
development
wi 11 not inhibit or prejudice
development of such uses.
table may be permitted
that they are comple-
classes or that their
the
existance
or
the
1.
USE ZONE TABLES
ZONE TITLE
COMMERCIAL -
HIGHWAY
PERMITTED USE CLASSES
(see Regulations 85)
Catering, commercial residential, service station,
conservation.
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Personal service, general service, taxi stand, take out
food service, indoor market, outdoor market,
convenience store, recreational open space, antenna.
CONDITIONS
SCHEDULE "C"
Page 19
Development Standards
The development standards for this zone sha 11 be as follows:
(a)
Minimum Building Line Setback
15 metres
(b)
Minimum Sideyard Width
5 metres
(c)
Minimum Rearyard Depth
10 metres
(d)
Maximum Height
10 metres
Development may be permitted only on land which has direct frontage on a
public road and where municipal water and sewer services are directly
available.
2.
Advertisement Relating to Onsite Uses
The conditions which shall apply to the erection or display of an adver-
tisement 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 construc-
tion of the advertisement shall meet the require-
ments of the Authority, having regard to the safety
and convenience of users of adjacent streets and
sidewalks and the general amenities of the surround-
ing area.
(ii)
No advertisement shall exceed
5 square metres
in
area.
SCHEDULE "C"
Page 20
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 shal 1 not exceed
3
square
metres in area.
(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
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
p reservation
of
the
amenities
of
the
surrounding area.
4.
Discretionary Use Classes
The discreationary use classes listed in this table may be permitted
at the discretion of the Authority provided that they are comple-
mentary to uses within the permitted use classes or that their
development will not
inhibit or prejudice the existence
or
the
development of such uses.
USE ZONE TABLES
ZONE TITLE
INDUSTRIAL -GENERAL
PERMITTED USE CLASSES (see Regulation 85)
General industry, light industry, conservation.
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Shop, scrap yard, antenna.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
SCHEDULE 'C"
Page 21
(a)
Minimum Building Line Setback
20 metres
(b)
Minimum Sideyard Width
5 metres
(c)
Minimum ReA.ryard Depth
15 metres
(d)
Maximum Height
15 metres
Development may be permitted only on land which has direct frontage on a
public road.
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an adver-
tisement 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 con-
struction 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 5 square metres in
area.
3.
Advertisements Relating to O[fsite Uses
The conditions to be applied to the erection or display of an advertise-
ment 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 3 square metres in area.
(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 and the distance or
direction to, the premises to which they relate.
4.
Services
SCHEDULE 'C"
Page 22
Industrial development shall not be permitted in this zone unless
adequate services and fire fighting capability designed to meet the
needs of the particular industrial uses permitted, are available.
5.
Outdoor Storage
Outdoor
in side
or other
matC'rial
could be
storage is not permitted in front yards but may be permitted
yards and/or back yards.
The Authority may require fencing
forms of screening or protection where quantity or type of
opC1nly stored would present an unsightly appearence
or
hazardous to public safety.
6.
Discretionary Use Classes
The discretionary use classes listed in this
at the discretion of the Authority provided
mentary to uses within the permitted use
development will not inhibit or prejudice
development of such uses.
7.
Shops
table may be permitted
that they are comple-
classes or that their
the
existance or
the
A shop may only be permitted as
a
discretionary use
under
the
following conditions:
(i)
The shop shc1ll form part of or be attached to a general
industry or light industry use.
(ii) The shop use shall be related to the general industry or
light industry use of which it is a part.
SCHEDULE 'C"
Page 23
USE ZONE TABLES
ZONE TlTLE
INDUSTRIAL -
MARINE
PERMITTED USE CLASSES
(see Regulation 85)
Fishery and other marine-related general and light
industry and transportation, conservation.
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Fishery and marine-related hazardous industry, office,
catering, passenger assembly, indoor market,
outdoor market, antenna
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
(a)
Minimum Building Line Setback
(b)
Minimum Sideyard Width
(c)
Minimum Rearyard Depth
(d)
Maximum Height
Determined
By The Authority
5 metres
Determined
By The Authority
Determined
By The Authority
or such higher standards as may be prescribed in the National Building
Code of Canada, depending on the specific use of the building.
Development may be permitted only on land which has direct frontage on a
public road.
However, all or a portion of the parking required in
accordance with Schedule "D" of these Regulations may be provided in a
conveniently accessible location near, but not necessarily on, the site
occupied by the permitted use.
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 construc-
tion 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 5 square metres in area.
SCHEDULE 'C"
Page 24
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
follows:
(i)
Each advertisement shall not exceed 3 square metres in
arec1.
(ii)
When the advertisements relate to a specific land use,
they shall be locc1ted within a reasonable distance of,
and only show thereon the name and nature of and the dis-
tance or direction to the premises to which they relate.
(iii)
The location, siting ;ind illumination of each advertise-
ment 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 .1.nd the preservation of the amenities of the
surrounding area.
4.
Services
as
Industrial development shall not be permitted in this zone unless ade-
quate services and fire fighting capability, designed to meet the needs
of the particular industrial uses permitted, are available.
5.
Discretionary use Classes
The discretionary use classes listed in this table may be permitted at
the discretion of the Authority provided that they are complementary to
uses within the permitted use classes and that their development will
not inhibit or prejudice the existence or the development of such uses.
In particular, -
the catering use class is limited to uses de~igned and
intended to be operated in a manner clearly dependent on
proximity to the shoreline and marine-related activity to
attract customers.
-
passenger assembly use class is intended exclusively in
support of marine passenger transportation.
indoor and
development of
products.
6.
Storage of Flammable Liquids
outdoor market uses are
limited to
the
facilities for the retail sale of ocean
All uses and structures for the onsite bulk storage of flammable liquids
sh a 1 1 conform t o t he re q u i rem en t s of t h e Prov inc i a 1 F i re Comm i s s ion e r
and shall be surrounded by such buffers and landscaping as the Authority
may require in order to prevent damage to adjacent uses in the event of
fire, explosion or spillage of flammable liquid.
1.
USE ZONE TABLES
ZONE TITLE
CULTURAL AND CIVIC
PERMITTED USE CLASSES
(see Reg. 85)
Educational, cultural and civic, place of worship,
recreational open space, conservation.
DISCRETIONARY USE CLASSES
(see Regs. 22 and 86)
General assembly, club and lodge, funeral home,
child care, collective residential,
convenience store, antenna.
CONDI TlONS
SCHEDULE "C"
Page 25
Development Standards
The development standards for this zone shall be as follows:
(a)
Minimum Building Line Setback
10 metres
(b)
Minimum Sideyard Width
5 metres
( C)
Minimum Rearyard Depth
15 metres
(d)
Maximum Height
15 metres
(e)
Development may be permitted only an land which has direct
frontage on a public road.
(f)
Off-street parking and provision for drop-off and pick-up
of persons shall be provided in accordance with Schedule D.
(g)
The Authority will require submission of details of landscap-
ing, fencing and screening for development proposed within this
zone (See Sect ion 50 of General Development Regulations) and
may require additional sideyard width, rearyard depth, fencing,
planting, and such other forms of buffering between proposed
development and adjoining properties as may be deemed necessary
to maintain the amenity of existing land uses.
2.
Advertisements Relating to Onsitc Uses
The conditions which shall apply to the erection or display of an adver-
tisement 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 con-
struction 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 5 square metres in
area.
3.
Advertisements Relating to Offsite Uses
SCHEDULE "C"
Page 26
The conditions to be applied to the erction or display of an adver-
tisement 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 3 square metres
in area.
(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 and
the distance or direction to
the
premises to which they relate.
(iii)
The location, siting and illumination of each ad-
vertisement 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 they are complementary to
uses within the permitted use classes or that their development will not
inhibit or prejudice the existence or the development of such uses.
5.
Convenience Store
A convenience store may be permitted as a discretionary use only where
it forms part of and is clearly subsidiary to a permitted use or an
approved other discretionary use.
ZONE USE TABLES
ZONE TITLE
INSTITUTIONS -
MEDICAL
PERMITTED USE CLASSES (see Regulation 85)
Medical treatment and special care, medical and
professional, conservation
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Educational, place of worship, all use classes in the
residential dwelling uses division, collective
residential, child care, recreational open space,
convenience store, antenna.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
SCHEDULE "C"
Page 27
(a)
Minimum Building Line Setback
10 metres
(b)
Minimum S1ciC'yard Width
5 metres
( C)
Minimum Rearyard Depth
15 metres
(d)
Maximum Height
15 metres
(e)
Development may be permitted only on land which has direct
frontage on a public road.
(f)
Off-street parking and provision for drop-off and pick-up
of persons shall be provided in accordance with Schedule D.
(g)
The Authority will require submission of details of land-
scaping, fencing and screening for development proposed
within this zone (See Section 50 of General Development
Regulations) and may require additional sideyard width,
rearyard depth, fencing, planting, and such other forms
of buffering between proposed development and adjoining
properties as may be deemed necessary to maintain the
amenity of existing land uses.
2.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at
the discretion of the Authority provided that they are complementary,
directly related and subsidiary to uses within the permitted use classes
and that their development will not inhibit or prejudice the existence
or the development of such uses.
USE ZONE TABLES
ZONE TITLE
RECREATIONAL OPEN SPACE
PERMITTED USE CLASSES (see Regulation 85)
Recreational open space
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
SCHEDULE "C"
Page 28
Tndoor assembly, outdoor assembly, seasonal residential,
take-out food service, convenience store, antenna.
CONDT TIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at
the discretion of the Authority provided that they are complementary to
uses within the permitted use classes or that their development will not
inhibit or prejudice the existence or the development of such uses.
2.
Seasonal Residential
Seasonal residential use is included as a discretionary use within this
zone exclusively to enable continued operation and possible
future
extention and improvement of the Youth Camp alongside First Pond on
Forteau Brook.
Other types of seasonal residential use are accordingly
prohibited from development within Recreational Open Space Zones.
3.
Take-out Food Service and Convenience Store
The s e d i s c re t ion a r y use s may be p e rm i t t e d on 1 y where d i rec t 1 y re 1 a t e d
and clearly subsidiary to a permitted recreational use,
provided the'
Authority is assured that the operator will maintain the premises in a
suitable state of cleanliness.
USE ZONE TABLES
ZONE TITLE
CONSERVATION
PERMITTED USE CLASSES (see Regulation 85)
Conservation
SCHEDULE "C"
Page 29
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Recreational open space, agriculture, forestry,
mineral working, cemetery
1.
Discretionary Use Classes
Discretionary use classes
ject to the discretion of
proposed development will
mental quality of the area
CONDITIONS
list0d in this table may be permitted sub-
the Authority being satisfied thc1.t
the
not significantly diminish the environ-
or reduce downstream water quality.
In the case of mineral working, the Authority may permit quarryi.ng
or extraction of ore from bedrock by underground mining techniques,
subject to conditions prescribed for mineral working as set forth in
the Rural Zone schedule of conditions.
2.
Archaeological Finds
In the event of an archaeological find occurring as
a
result of
development in this or any other use zone, development of the site
will cease and the developer will immediately notify the Authority
of the find.
The Authority will immediately contact the Historic
Resources Division of the Department of Culture, Recreation
and
Youth for advice as to appropriate action.
ZONE USE TABLES
ZONE TITLE
WATERSHED CONSERVATION
PERMITTED USE CLASSES (see Regulation 85)
Conservation
DISCRETIONARY USE CLASSES
(see Regulations
None
SCHEDULE "C"
Page 30
22 & 86)
SCHEDULE "C"
ZONE USE TABLES
ZONE TITLE
TRANSPORTATION
PERMITTED USE CLASSES (see Regulation 85)
Transportation, passenger assembly, conservation
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Catering, taxi stand, convenience store, all classes
in the industrial uses division, antenna.
CONDITIONS
1.
Advertisement Relating to Onsite Uses
The conditions which sh;-ill 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 construc-
tion of the advertisement shall meet the require-
ments of the Authority, having regard to the safety
and convenience of users of adjacent streets and
sidewalks and the general amenities of the surround-
ing area.
(ii)
No advertisement shall exceed
5 square metres in
area.
2.
Advertisement Relating to Offsite Uses
The conditions which shall apply to the erection or display
advertisement on any site, relating to a
use permitted in
of
this
another zone,
or not relating to a
specific land use, shall be
follows:
(i)
Each advertisement shall not exceed 3 square metres
in c1rea.
(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 and
the distance or direction to
the
premises to which they relate.
(iii)
The location, siting and illumination of each ad-
vertisement 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.
an
or
as
3.
Discretionary Use Classes
SCHEDULE "C"
Page 32
The discretionary use classes listed in this table may be permitted at
the discretion of the Authority provided that they arc complementary to
uses within the permitted use classes or that their development will not
inhibit or prejudice the existence of the development of such uses.
USE ZONE TABLES
ZONE TITLE
RURAL
SCHEDULE "C"
Page 33
PERMITTED USE CLASSES (see Regulation 85)
Agriculture, forestry, animal, conservation
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Single dwelling, veterinary, general industry,
mineral working, recreational open space, cemetery,
a.ntcnna.
CONDITIONS -
GENERAL
1.
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 construc-
tion of the advertisement shall meet the requirements
of the Authority, having regard to the safety and con-
venience of users of adjacent streets and sidewalks
and the general amenities of the surrounding area.
(ii)
No advertisement shall exceed 5 square metres in area.
2.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an adver-
tisement 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 3 square metres in
area.
(ii)
When the advertisements relate to a specific land use,
they shall be locc1ted within a reasonable distance of,
a.nd only show thereon the name and nature of and the
distance or direction to the premises to which they
reL1te.
(iii)
The
location, siting and
illumination
of
each ad-
vertisement
shal 1
be
to
the
satisfaction
of
the
Authority, having regard to the grace and alignment of
s t r c e t s , t he 1 o c ,"! t i on o f s t re e t
j u n c t i on s ,
t h e
1 o c a -
tion of nearby buildings and the preservation of the
amenities of the surrounding area.
SCHEDULE "C"
Page 34
3.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at
the discretion of the Authority provided that they are complementary and
clearly subs id L:ir y to uses within the permitted use classes or , for di s-
c re ti ona ry use classes other than single dwelling, that their develop-
ment will not inhibit or prejudice the existence or the development of
such uses, and, in the case of general industry, that it be restricted
to maintenance and repair of Pquipment, processing and storage reL=1ted
to agriculture or forestry uses, or the development of such other rural
resource basE'd industry as the Authority may determine to be compatiblE'
with thE' rural environment.
4.
Buffer Separation
1.
2.
(i)
Unless the Authority is satisfied that a permitted or
discretionary use will not adversely affect the water
quality, public access or immediate natural environ-
ment
of adjc1cent waterbodies or watercourses,
the
proposed use shall not
be
located closer than
50
metres from such waterbody or watercourse.
(ii)
No
development
for residential use
shall
be
per-
mittPd within 600 m of a structure designed to con-
tc'1in more than five animal units unless the develop-
ment is first approved by the Department of Rural,
Agricultural and Northern Development.
CONDITIONS -
MINERAL WORKING
Separation From Adjacent Uses
Unless the
a nuisance
development
closer than
Authority is satisfied that a mineral working will not create
and will not adversely affect the amE'nity of
a
specifird
or natural feature,
no mineral working shall be
located
the minimum distances set out below to the specified <level-
opment or natural feature.
Existing or proposed residential development
Any other developed area or area likely to be
developed during the life of the pit or
quarry working.
Public highway or street
Protected Road
Waterbody or watPrcourse
Screening
Minimum Distance of
Pit or Quarry Working
300 metres
150 metres
50 metres
90 metres
50 metres
A mineral working shal 1 be screened in the following manner where it is
visible from c1 public strE'et or highway, developed area, or area likt>ly
to be developed during the life of the working:
(a)
Where tree screens exist between the mineral working
and adjacent public highways and streets or other land
uses (except 1n 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
operation from the surrounding uses or streets will be
SCHEDULE "C"
Page 35
prevented.
The tree screens must be maintained by the
owner or occupier of the mineral working 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 to be planted to fill in the area affected to
the satisfaction of the Authority or at the discretion
of the Authority, condition S(b) must be undertaken.
(b)
Where no tree screens exist of sufficient width and
density to constitute a visuRl screen, earthen berms
shall be constructed to a height sufficient to prevent
visibility from any pRrt of the mineral working opera-
tion from Adjacent public highways and streets.
The
berms
shall
be
landscaped
to
the
Authority's
SRtisfaction.
( C)
Where natural
tween mineral
and streets or
agriculture),
required.
topography creates a visual screen be-
workings and adjacent public highways
other land uses (excepting forestry and
additionRl
screening
may
not
be
( d )
Wh e r c e f f e ct j v e screening for ,rn y miner a 1 working or
associc1ted processing or manufacturing use cannot be
installed or located as required in (a)-(c) above, the
Authority mciy refuse to permit the mineral working or
associated activity.
3.
Fencing
The Authority may require a mineral working site of excavated areas of a
pit or quarry working to be enclosed by a fence designed and constructed
to its specifications and no less than 1.8 metres in height.
4.
Water Pollution
No mineral working or associated storm or sanitary drainage shall unac-
ceptably reduce the quality of water in any waterbody or watercourse.
Any access road to a pit and quarry working which crosses a brook or
stream shall be bridged or culverted at the crossing in accordance with
the Regulations of the Department of Environment.
5.
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 ;:iccumulation or
ponding of w;:iter
in any part of the site.
Settling ponds
may
be
permitted with the approval of the Department of Environment.
6.
Erosion Control
No mineral working shall be carried out in a manner so as to cause
erosion of adjacent land.
7.
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles,
and abandoned equipment and any derelict buildings.
SCHEDULE "C"
Page 36
8.
Access Roads
9.
During extended periods of shutdown, access roads to a mineral working
shall be ditched or barred to the satisfaction of the Authority.
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 uncleared areas and 10 metres from active quarry or stock-
pile areas.
The owner or operator shall ensure that the quality of the
topsoil is not affected by dilution with other materials.
10. 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 docs 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 odor,
or by reason of
unsightly storage of materials.
11. 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.
12. The Authority may specify a minimum separation distance between opera-
ting plant or associated processing
and manufacturing
structure or
equipment and adjacent developed areas likely to be developed during the
life of the mineral working.
13. Termination and Site Rehabilitation
Upon completion of the mineral working,
the following work shall be
carried out by the operator:
(a)
All buildings, machinery and equipment shall be removed.
(b)
All pit and quarry slopes shall be graded to slopes less
than 20° or to the slope conforming to that existing
prior to the mineral working.
(c)
Topsoil and any organic materials shall be resprcad over
the entire quarried area.
(d)
The access road to the working shall be ditched or barred
to the satisfaction of the Authority.
14. If the mineral working contains reserves
support further extract ion ope rat ions, the
work described above to be carried out only
extraction has depleted aggregate reserves.
of material sufficient
to
Authority may require the
in areas of the site where
TYPE
Highway/Arterial
Collector Street
Local Street
Minor Streets
SCHEDULE "C"
Page 37
SCHEDULE OF STREET RESERVATIONS
RESERVAT10N
WIDTH
30 m
20 m
15
111
10 m
APPLICABLE STREETS
Highway 510
Waterfront Road (From Highway 510
to the public wharf road.)
Wdter Transmission Linc Road
(From Highway 510 to the
chlorination plant.)
Proposed road connection from
Highway 510 to Sesame Street and
its eventual extension northwards
Other streets, excepting existing
streets determined by resolution
of counci1 to be minor streets.
Existing local streets where, for
practical purposes, a wider street
reservation cannot be provided, as
determined by resolution of Council.
DRA 3, 1991
!
I
0..
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0
0:::
c..::,
A
I I I
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(, [· f
1 .
The o ff st rt:: t., t
i;; ark in g r i;;. t{ l11 rem en t ~ for us t- s
..L n th c
v--1riOl!S
1is,3 ,'JJS'.,es '.;e·t
11 -1!
1n Sc:heJule B shall be
a s s t' t
o u r
1 n t h e r , J l l ( , .. 1 } n g t a b l 1;:; ,
2 .
I 1~ the ca.-:, e of d t: ,, _, l , ~, ,;1 en t s
1 n c 1 u d 1 n g us es
1 n more
than one '--1.Se class, the~,e stariddrds shall be regarded
ctS cuni1,·lati.ve
3.
Adequate oftstreet pt':v1~ion for drop-off and pick-up
z
0
1-4
V)
H >
!
;.-f
i
Cl
I
I
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1
I
2
I
of persons ~l1all be provided 1n developments where
required. stich as u~e::, w1th1n the E:ducational, passenger
assembly, ch1.lJ care, meJ1cdl treatment anJ specjal
c.are, commercia! re::;1d~;nt1a! and take-out food service
use classes.
CL A~~;
(a)
fheatr
~- ... -...,_,,. _______ ~"""""'"__,.._..
(a)
l: U 1 t Lil"
!_~ l \, l C
MT '.\/!MUM OFF-STREET PARKING REQUIREMENT
__ _, __ --------+·
e
,1 J
dl1d
I
I
! One ~pace for every S seats.
,-·-· ,. ____ --· -----------
1
: Ude
-~ p ,1 c e far every S L1
square
riet.re.;, of gross floor -:1rea.
---~- ~- ........ , -··-
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( b)
c.; --; n e )' ,1
I I
Ass e Lib
! I
( C)
:_: , i u c ·3 t 1 "J n a l
I
, U1-~ spac~ for every 10 square
m~tr~~ ~f gross floor area.
·-
. -·-·-------- ---
. i
i
for eJery class-
I
2 spaces
room.
Ft, rt h ~" r
e d 11 cat ion -
l space for
~very 5 persons using the facil1t1es
(:.,t,u..lerits, faculty and staff).
-r---···----·· ,. -----~--. ··- -· . -··-1··--·--·----·-- -----------
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i
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P 1 a ... t·
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h' l) J. :::, 11 l p
' (ine :,p:11..·e for ~very 5 seats
r--------r----- --·· --- . -· -
--
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~s spe~tfieci by the Authority.
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r -----·····-. ·-·--------~
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t: h a t
1,1 8 :r b c
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--·-· ---· ·---------
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:
- ,
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,-d·,..r1n 6
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Home
One
may
"nace for everv
/-
,
be ;1.ccnrnmodated
_:;
c u s t o rn e f s t h a t
Gt
0~1e time.
Une space for every 10 square metres
of gross floor ~rea.
~ --- : ·- . --
i
---- -- ·------
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r---- , ---·-·:-···--------· -- ·-·· --------
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Iitdoor
r\:.::;r!;H~Jly
!--:-·---/ ---· ----·---· ·--·
4
(ct)
Outdcoi.~
A~_,t-:nbly
On~ space for every 20 square metres
ot gross floor area.
One space for eveTy 10 square ~etres
o f
g r c, s s f 1 o o r a r e a .
One spac~ for every 10 spectators
thnt may be accommodated at one time.
As specified by the Authority
- -
. ·-----·-·- ---- ~- ---- - ------ -~--~----------~--------------
H
, 1 , (a}
P e11 ·1 L a ad
Co,r:c-c.ional
[J e: l t-: ll t l 0 !l.
[
'A~ specified by the Authority.
~---------- ~,. -- ------ ----· - -- -·. -·. ----·-- --·· -----------------------------
fi';J1,=,a1
, : 1 P ,;, t ,:n c- n ·.:
a n d
One sy,ace for every 2 patients.
'
I
;------~_f"-~----J,----~-- _ _, ..... 3..,. .. ---
~~-.., ... ~
--................... --------
--;---·---------------
r;
l
' Ca}
~h+ f-! J ,: 1. n R
!
! Two
for every dwelling unit.
'
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Two spaces for every dwelling unit.
··~--·-----. ~-_J --- . --· ---------
( l :
Row
l_hv c~ 1. l L n g
I T~o spaces for every dwelling unit.
I
---~
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Apct.tLment
Three spaces for every 2-dwrlling
i
Ru1lJing
, units.
1
1
t
;
r- ---,--·-,--- ·-·---- . ., - - . -· ------·--~ ---- --------
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1otl:.::c-t1ve
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------:-~- ..
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: · -; m 11, e r ,---: 1 a 1
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---- -----------\
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;.-,,_-:<:,- .c:i'1t1al
, '.111e ~pace for every residential
: l1 n 1 t .
I
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Two spaces for every dwelling unit
-
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ul, ,_,
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i
i (g,
c'...lL-.· ng
i On~
1
!
.
: ma·r
spdc...t.: for every
be accommodated
:-----r--; ---··-------------------+-
;
1
:
( 11 )
:
~ u. n ~ r :1 l
Ho m e
: 0 n e s p a c e f o r
e v e r y
1
\
!
-
1
1 of grc:s floor area.
:
i
'
r·--t--·--r-- ------- -·---------- -
'
I
f
3 customers that
at one time.
10 S({Uare metres
{ i)
( h .1. l 1 Ca re
One spac( for every 20
-) f gross t loo r are a.
square metres
I
r-------,...--L---------------- ---·-------
i
'
I
l
1
.. '
l J ,
3 I
( .l)
I
,
",uu:-;ement
One space for every 10 square metres
ot gross floor area.
--- -------·--' ----
indoor
\ ~ c.; e ,nb .l y
One space for every 10 spectator~
that may be accommodated at one time.
I
r---+·--+-·--- ·---------·----··--------------------------
I
I
4
1
( ci)
Outdoor
A~·-~ ·-:!mb 1 y
As specified by the Authority
I
--·----- -----1---
~--·- -
·- -- ·--------- --- -- ---------------------
B
1
1iera.l .Jnd
CorY:ect1onal
: ) I'; c t· n t 1 o n
; A5 specified by the Authority.
--------·· ----------· ·-----·· -----·-···~------ ·-------·---------------
I
r,~ e ti_· .., a 1
1
Treatment and : One space
.=; ;J t:" 1. d.1 Care
for every 2 patients .
~~-_..__.._.., -~,___.,___,.,_,.__.,,_ -"""'~~~.-..,_
~
r.,..,
~ .. ,_,. °"_..,.., ---~-~---.,._..,..,;,.,~-.,
C
l
(<. )
ti.~ ; n
~ l1 g
I T w o s p a c e s f o r e v e r y d w -? l l i n g u n 1 t .
~---- - ~· -----1---- ,_.,_ " --- -·--· ·-----·----t----·----------------------------+
(b)
Douc 1 e
I
:,1 Two spac~s [or every dwelling unit.
:-::v1e~l1.ng
i
·- -- - ~----1---- - --------
______ J
1
i
( C J
T¼o ~paces for every dwelling unit.
t
I
r-------:---
.. ~---~-,-·--------~--... ·-~-----------------------------------i
:
C .. t )
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t--,
: ~-- . ~ .. ____ ..........
t a }
' ------ ......... ~ - --- ... ~
for every 2-dwelling
/\ _·1 ..:t - - '. in e n t
Th r e e
s p a c e s
-~ u 3 1 d 1 n g
! ,; n i t ::; .
------ -· ""· ----···----+
t~ tJ : 1 :..: Ct i \.' e
R 1;· :. 1 d e n t 1 a J
A~ specified by the Authority.
__ J
---~--------------~-- I----------------------------------<
(ornrn~rr i ,.! 1
t·~.:s1 dPnt1dl
I
'. One sp~c~ for every guest room.
-- -- -·, ---- --
i i
( : )
,': ., 3. ::; l) 11 a 1
i O 11 e
<:> p a c e t o r
e v e r y r e s 1 d en t i a 1
UI' l l ,
- - ·- -· ---------,---------- ·------------------
i rl)
~1obil1~ Home
Two spaces for every dwelling unit.
. '- ·--·-- -- ·-· ···-------------------·----------
1! I)'
-
I
D
1
(a)
Office
I
One srdce for every 20 square metres
I of gross floor area.
I
I
(b)
~,!edical and
One space for every 20 square metres
Professional
of gross floor area.
I
i
I
I
(c)
Personal
One space for every 20 square met res
\
Service
of g !.'OS'.::. floor area.
I
_j
I
I
l One
for
20
(d)
General
I
space
every
square metres
I
Service
I of gross floor area.
I
I
I c e)
Communications
As specified by the Authority
I I
l
I
(f)
Police
I
I
I As specified by the Authority.
Station
I
i
I
I
I
I
(g)
Taxi
!
l
i As specified by the Authority.
Stand
I I
i
I
I
I
l
!
l
(h)
Take-out
One
for
20
metres
Food
space
every
square
Service
of gross floor area.
( i)
Veterinary
One space for every 20 square metres
of gross floor area.
E
l
(a)
Shopping
One space for every 15 square metres
Centre
of gross floor area.
(b)
Shop
One space for every 20 square metres I
of gross floor area.
(c)
Indoor
As specified by the Authority.
Market
(d)
Outdoor
As specified by the Authority.
Market
(e)
Convenience
One space for every 20 square metres
Stores
of gross floor area.
F
1
(a)
Hazardous
One
Industry
space for every emp 1-J 1 e e.
I
I
2
(a)
General
Industry
One space for every employee.
( b)
Service
One space for every 20 square metres
Station
of gross floor area
3
(a)
Light
I
Industry
One space for every em r1 ; o ;-" e e .
I
I
I
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L
I
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I
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n '(
f
I
1
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1
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soo ~/
\',
'I
AREA
COVERED
BY MAP NO. 2
BAY
COMMUNITY
OF
FORTEAU
ZONING
PLAN
MAP No.1
SCALE
-
I : 65 000
I,
,l
) '
),
Recreational Open Space ____ - I Q S I
Wat-ershed
Conservation_ - - - - -1 WC }
Transportation ____________ (
T
J
Rural _________________ f
R
J