Forteau Development Regulations

Forteau, Newfoundland and Labrador · adopted 1989-09-22

This is the exact embedded text of the captured official document. Snapshot 704575cc0439 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

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 b y t h e ,\ u t ri () r 1 t y a n l: s u ,,- l t ,_ u s t s h a l l a t t a c h t o dnd upun the pr ,-:'·,v Ln respect of wh1ch 1t 1s unposed. o r s c RE r r o NA RY r o ~, I: Rs () c , LI r; 1 u R r TY l O . I n c o n s 1 d e r 1 n g .1 n a r p 1 1 \.~ :.i t 1 ~ 1 n t-. o r a p e rm 1 t o r f o r 0 11tl1nc plc1nn1ng p?'rn1~~::,:on to cJrry out develop- rn e n t , t h e :-\ u t h o r 1 t v c 11 1 J l t Ll k e 1 " t o a L c o u n t t h e µ o 1 1 ...: 1 t' s t, \ p r i-: :-- s e J 1 i '. t f 1 e \ 1 ti n 1 '-- 1 p L1 1 P l a n :J n d a n y f u r t h e i- :i c h e rn r: , p 1 a n 0 r r P g u 1 c1 L 1 o P :=. p t 1 r ', u a n t t h e r e t o , a n d s h a l 1 :i s s ,~ s ~ t h e .~ c n e r a 1 a r p e a r a n c e of the .J eve l op men t , 1 1. ~ et r- cc t C' n the o v er a 1 1 d e v e l o pm e n t o f t h e :1 1 c d - t l1 e a m e n i t y o f t h e s u r Tu u 11 d 1 11 g:::, . av ,t 1 l :lb l I t \ o f u t 1 1 1 t 1 es , p uh 1 1 c s a f e t y a n d c o n \' e n 1 e n (_ l ,uiJ --i.nv <)ther cons1derat1ons h ll 1 Ch 3. re , ]_ .-1 l t s '_) µ l Jl l () fl > [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.. ::, 0 0::: c..::, A I I I I I (, [· 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 I 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. ---~- ~- ........ , -··- I --------~--- --·: ! I ( 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··--·--·----·-- ----------- ----------------- ! i ! P 1 a ... t· l) f h' l) J. :::, 11 l p ' (ine :,p:11..·e for ~very 5 seats r--------r----- --·· --- . -· - -- I~ ---------------------- I ~s spe~tfieci by the Authority. I r -----·····-. ·-·--------~ , J n e ,~ p d -~ e f o r e v e r y 3 p e r s o ;"": s t: h a t 1,1 8 :r b c a c (_ om m n d at e d a t ,J n e t 1 me . --·-· ---· ·--------- i L '' I l,' : ( g} I I L-~-· L----~- 1 l : - , i I l 1 l ) ,-d·,..r1n 6 . L: ,1 , .. r 3 l 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 ---- -- ·------ i.) r---- , ---·-·:-···--------· -- ·-·· -------- , ! ! ' ·, J ) :, 1;, :~ ,. e JT, e H c 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. ' ! ~ ~-- .. 4---,.o _...,_....,,__...)..,...._ __ ~-........ ~ _, .. __ ,_~- ------~ .... _ _,_ ... -~~6 ....... ~-----~l....--- .. --.-- 1 l h ', U t:., u r: 1 ~- G ,; ~l. l 1 i a g 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 ---~ \l1) Apct.tLment Three spaces for every 2-dwrlling i Ru1lJing , units. 1 1 t ; r- ---,--·-,--- ·-·---- . ., - - . -· ------·--~ ---- -------- 1 , I I I .i' ' ,~) ' I 1otl:.::c-t1ve ;{ t. S l d ;.- n t 1 iJ. 1 I I , ~s specified by the Authority. I ,- -~- '. ------:-~- .. ~ ~-- ----- -..~ ~ ~-z--..,-----u- ___ ,._, __ ,.~~----- ~--.,_,--'-~--.. --------- ______ , ______ -i : · -; m 11, e r ,---: 1 a 1 1:t~'-jl(:l.ential : 01:e ·:.iµi:"\.':t: for every guest room. I ---'-~- w, .- ---...., -~-~-~ ,_,.._,.. __ -., ___ .._ _ _....,,.,.~------....----~m-.,.._-------a...- ---- -----------\ ~~ ,2; rr s ·; , : a l ;.-,,_-:<:,- .c:i'1t1al , '.111e ~pace for every residential : l1 n 1 t . I '·-----;---·--· -- -· --- - -- - ·-- --- --- --- ___ ,__ -··-- ·------ ---- - -----------~ ', li , Two spaces for every dwelling unit - '"" --~~- - -- ____________ , -------~------------ ul, ,_, :J -----1 I 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 ) I I ; 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 i L I ' I ' n '( f I 1 ] 1 ! I\ s 1 ,' \' 11,lf' I ' : ; J<,i ' c t ,' :,- r J, I 1 I\ 1 ,l,1 '_/ 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