Gambo, Newfoundland and Labrador
· adopted 2014-11-14
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Town of Gambo
Development Regulations 2014-2024 APPLICATION
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Gambo Development Regulations - Page 1
Town of Gambo
Development Regulations 2014-24
Prepared for
Prepared by
The Town of Gambo
Baird Planning Associates
2014
TABLE OF CONTENTS
Regulation
Page
APPLICATION
1.
Short Title .............................................................................................................. 1
2.
Interpretation .......................................................................................................... 1
3.
Commencement ......................................................................................................1
4.
Ministerial Development Regulations .....................................................................1
5.
Municipal Code and Regulations ............................................................................1
6.
Council ................................................................................................................... 1
PART I - GENERAL REGULATIONS
7.
Compliance with Regulations ................................................................................ 2
8.
Permit Required ..................................................................................................... 2
9.
Permit to be Issued ................................................................................................. 2
10.
Permit Not to be Issued in Certain Cases ............................................................... 2
11.
Discretionary Powers of Council ........................................................................... 2
12.
Variances ................................................................................................................ 3
13.
Notice of Variance .................................................................................................. 3
14.
Service Levy ........................................................................................................... 3
15.
Financial Guarantees by Developer ....................................................................... 4
16.
Dedication of Land for Public Purposes ................................................................ 5
17.
Restoration of Land ................................................................................................ 5
18.
Form of Application ............................................................................................... 5
19.
Register of Application ...........................................................................................5
20.
Deferment of Application ...................................................................................... 5
21.
Approval in Principle ............................................................................................. 6
22.
Development Permit .............................................................................................. 7
23.
Temporary Use Permit ............................................................................................ 8
24.
Permit Fees .............................................................................................................. 8
25.
Compliance with Legislation ................................................................................. 8
26.
Reasons for Refusing Permit ................................................................................. 8
27.
Notice of Right to Appeal ...................................................................................... 8
28.
Appeals ................................................................................................................... 9
29.
Return of Appeal Fee ............................................................................................. 9
30.
Notice of Application ............................................................................................ 9
31.
Delegation of Powers ........................................................................................... 10
32.
Right of Entry ....................................................................................................... 10
33.
Record of Violations ............................................................................................ 10
34.
Stop Work Order and Prosecution ....................................................................... 10
PART II - GENERAL DEVELOPMENT STANDARDS
35.
Access Ramps ...................................................................................................... 11
36.
Accessory Buildings ............................................................................................ 11
37.
Home Occupations ................................................................................................12
38.
Childcare Service ...................................................................................................13
39.
Bed and Breakfast Establishments ........................................................................13
40.
Archaeological Sites ..............................................................................................13
41.
Industrial Buffer Strips ..........................................................................................13
42.
Building Lines and Setbacks .................................................................................14
43.
Multiple Uses on One Lot .....................................................................................14
44.
Main Buildings on a Lot .......................................................................................14
45.
Comprehensive Development .............................................................................. 15
46.
Residential Care Homes. ........................................................................................15
47.
Minimum Distance Separations for Commercial Livestock Facilities ................ 16
48.
Lot Area ................................................................................................................16
49.
Lot Area and Size Exceptions ................................................................................16
50.
Lot Frontage ...........................................................................................................17
51.
Mineral Exploration ...............................................................................................17
52.
Non-Conforming Use ............................................................................................17
53.
Offensive and Dangerous Uses .............................................................................19
54.
Parks, Playgrounds and Open Spaces ...................................................................19
55.
Trail Developments ...............................................................................................19
56.
Screening and Landscaping ...................................................................................20
57.
Public Services and Utilities .................................................................................20
58.
Energy Generation Facilities ..................................................................................20
59.
Site Development Requirements ............................................................................21
60.
Street Construction Standards ................................................................................21
61.
Development Adjacent to a Wetland or Watercourse ...........................................22
62.
Line of Vision at Intersections ..............................................................................22
63.
Development in the Vicinity of a Public Right-of-Way ........................................23
64.
Service Stations .....................................................................................................23
65.
Habitat Conservation .............................................................................................23
66.
Building Development Controls in Floodplains ....................................................24
PART III- SIGNS
67.
Permit Required ....................................................................................................26
68.
Provincial Highways .............................................................................................26
69.
Form of Application ..............................................................................................26
70.
Approval Subject to Conditions .............................................................................26
71.
Signs Prohibited in Street Reservation .................................................................26
72.
Removal of Signs ..................................................................................................26
73.
Signs Exempt from Control ................................................................................. 26
74.
General Standards for Signs ..................................................................................27
75.
Residential Zones ...................................................................................................27
PART IV- SUBDIVISION OF LAND
76.
Application of Part III ...........................................................................................28
77.
Permit Required ....................................................................................................28
78.
Services to be Provided .........................................................................................28
79.
Payment of Service Levies and Other Charges ......................................................28
80.
Permit Subject to Considerations ..........................................................................28
81.
Building Permits Required ....................................................................................29
82.
Form of Application ............................................................................................. 29
83.
Subdivision Subject to Zoning ..............................................................................30
84.
Buildings Lines ......................................................................................................30
85.
Dedication of Land for Public Use ........................................................................30
86.
Structure in Street Reservation .............................................................................30
87.
Subdivision Design Standards ..............................................................................30
88.
Engineer to Design Works and Certify Construction Layout ...............................31
89.
Developer to Pay Engineer's Fees and Charges ....................................................31
90.
Street Works may be Deferred ...............................................................................32
91.
Transfer of Streets and Utilities to Council ..........................................................32
92.
Restriction on Sale of Lots ....................................................................................32
93.
Grouping of Buildings and Landscaping ..............................................................33
PART V - USE ZONES
94.
Use Zones ............................................................................................................. 34
95.
Map Interpretation. .................................................................................................34
96.
Use Classes ...........................................................................................................34
97.
Permitted Uses ......................................................................................................34
98.
Discretionary Uses ................................................................................................35
99.
Uses Not Permitted ...............................................................................................35
SCHEDULES
SCHEDULE A - Definitions
SCHEDULE B - Classification of Uses of Land and Buildings
SCHEDULE C - Use Zone Tables
SCHEDULE D - Off-Street Parking Requirements
SCHEDULE E - Ministerial Development Regulations
TOWN OF GAMBO MUNICIPAL PLAN
DEVELOPMENT REGULATIONS
APPLICATION
1.
Short Title
These Regulations may be cited as the Gambo Development Regulations.
2.
Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to
them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings that are
commonly assigned to them in the context in which they are used in the Regulations.
3.
Commencement
These Regulations come into effect throughout the Gambo Municipal Planning Area,
hereinafter referred to as the Planning Area, on the date of publication of a notice to that
effect in the Newfoundland and Labrador Gazette.
4.
Ministerial Development Regulations
The Ministerial Development Regulations (Ministerial Regulations), enacted under Section
36 of the Act, shall apply to development within the Planning Area. Where there is conflict
between these and the Gambo Development Regulations, the Ministerial Regulations shall
prevail. The Ministerial Development Regulations are included with the Gambo
Development Regulations (See Schedule E).
5.
Municipal Code and Regulations
The building regulations and any other municipal regulations controlling the development,
conservation, and use of land shall under these Regulations apply to the entire Planning Area.
The National Building Code of Canada, the Fire Code of Canada, and all ancillary codes and
regulations, shall also apply to the entire Planning Area.
6.
Council
In these Regulations, "Council" means the Municipal Council of the Town of Gambo.
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PART I - GENERAL REGULATIONS
7.
Compliance with Regulations
No development shall be carried out within the Planning Area except in accordance with
these Regulations.
8.
Permit Required
No person shall carry out any development within the Planning Area except where otherwise
provided in these Regulations unless Council has issued a permit for the development.
9.
Permit to be Issued
Subject to Regulation 10 - Permit not to be Issued in Certain Cases and Regulation 11 -
Discretionary Powers of Council, a permit shall be issued for development within the
Planning Area that conforms to the requirements of these Regulations, including:
(a)
The general development standards set out in Part II of these Regulations, the
requirements of Part IV of these Regulations, and the use classes, standards, and
conditions prescribed in Schedule C for the use zone in which the proposed
development is located.
(b)
The standards set out in Part III of these Regulations in the case of subdivision.
(c)
The standards set out in the National Building Code or other ancillary codes, waste
disposal regulations, and/or any other municipal regulation in force in the Planning
Area regulating or controlling development, conservation, and use of land and
buildings.
(d)
The standards of design and appearance established by Council.
10.
Permit not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the
Planning Area when, in the opinion of Council, 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 of construction of the services deemed necessary by Council and
such cost shall attach to and upon the property in respect of which it is imposed.
11.
Discretionary Powers of Council
(1)
In considering an application for a development permit or approval in principle,
Council shall take into account the policies of the Municipal Plan and any further
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scheme, plan or regulations pursuant thereto, and shall assess the general appearance
of the development, the amenity of the surroundings, availability of utilities, public
safety and convenience, and other considerations which are, in its opinion, material,
and notwithstanding the conformity of the application with the requirements of these
Regulations, Council may, in its discretion, and as a result of its consideration of the
matters set out in this Regulation, conditionally approve or refuse the application.
(2)
When approving an application for a discretionary use, Council shall state in writing
the basis for its approval.
12.
Variances (Refer to Ministerial Development Regulations, Section 12)
(1)
Where an approval or a permit cannot be given by Council because a proposed
development does not comply with development standards set out in these
Regulations, Council may, in its discretion, vary the applicable development
standards to a maximum of 10 percent if, in Council's opinion, compliance with the
development standards would prejudice the proper development of the land, building
or structure in question or would be contrary to the public interest.
(2)
Council shall not allow a variance from development standards set out in these
Regulations if that variance, when considered together with other variances made or
to be made with respect to the same land, building or structure, would have a
cumulative effect that is greater than a 10 percent variance even though the individual
variances are separately not greater than 10 percent.
(3)
Council shall not permit a variance from the development standards where the
proposed development would increase the non-conformity of an existing
development or would result in the creation of non-conformity of any existing legal
development.
13.
Notice of Variance (Refer to Ministerial Development Regulations, Section 13)
Where Council is to consider a proposed variance, Council shall give written notice of the
proposed variance from development standards to all persons whose land is within sixty (60)
metres of the property that is the subject of the variance, and allow a minimum period of 7
days for response.
Where it deems necessary, Council may provide notice of proposed variance to a wider area.
14.
Service Levy
(1)
In accordance with Section 149(2) of the Municipalities Act 1999, where Council
carries out a public work that enables a real property to be developed or developed to
a higher density, or enhances the value of a property, Council may charge a service
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levy on the property.
(2)
The amount of a service levy shall be determined by Council, but shall not exceed the
cost, including finance charges, to Council of constructing or improving the public
works that are necessary for the real property to be developed in accordance with the
standards required by Council 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 benefited by the public works related to all the
real property so benefited; and,
(b)
The density of development made capable or increased by the public work.
(4)
Council may require a service levy to be paid by the owner of the property benefited
and may specify the time for payment.
15.
Financial Guarantees by Developer
(1)
Council may require a developer before commencing a development to make such
financial provisions and/or enter into such agreements as may be required to guaran-
tee the payment of service levies, ensure site reinstatement, and to enforce the
carrying out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Paragraph (1) may be made in the form of:
(a)
A cash deposit from the developer, to be held by Council,
(b)
A guarantee by a bank, or other institution acceptable to Council, for
expenditures by the developer,
(c)
A performance bond provided by an insurance company or a bank, or;
(d)
An annual contribution to a sinking fund held by Council.
(3)
Financial Guarantees - Mineral Workings
(a)
A developer of a mineral workings site will provide a financial guarantee in
the form of a performance bond, unconditional and irrevocable letter of
credit, or other form acceptable to Council for an amount to cover the cost of
restoring or landscaping the site after the quarry operations have ended or the
site is abandoned by the applicant.
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(b)
The financial guarantee will be returned when the site has been restored and
any conditions attached to the development permit have been carried out to
Council's satisfaction.
16.
Dedication of Land for Public Purposes
Council may require the dedication of a percentage of the land area of any subdivision or
other development for public use, and such land shall be conveyed to Council in accordance
with Section 37 of the Act.
Unless Council decides otherwise, such land that is dedicated for public use will not include
land that Council requires to be set aside from development for the purposes of stormwater
drainage or environmental protection, whether or not that land is located within the
Environmental Protection zone.
17.
Restoration of Land
Where the use of a site is discontinued, the intensity of its use is decreased, a development
permit has been revoked or has expired, or a temporary development permit has expired,
Council may order the developer, the occupier of the site, the owner, or all of them to restore
the site, remove all or any buildings or erections, cover or fill all wells or excavations, and
close all or any accesses, or to do any or all of these things, as the case may be, and the
developer, occupier or owner shall carry out the order of Council and shall put the site in a
clean and sanitary condition to Council's satisfaction.
18.
Form of Application
(1)
An application for a development permit or for approval in principle shall be made to
Council only by the owner or by a person authorized by the owner on such form as
may be prescribed by Council and every application shall include plans and an
application fee if required.
(2)
Council shall supply to each applicant a copy of the application form referred to in
Paragraph (1) and any available information required by the applicant relevant to the
application.
19.
Register of Application
Council shall keep a public register of all development applications, and shall enter therein
Council's decision upon each application and the result of any appeal from that decision.
20.
Deferment of Application
(1)
Council may, with the written agreement of the applicant, defer consideration of an
application.
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(2)
Applications properly submitted in accordance with these Regulations, which have
not been determined by Council and on which a decision has not been communicated
to the applicant within sixty (60) days of the application being received by Council,
shall be deemed to be refused.
21.
Approval in Principle
(1)
An application for an approval in principle for a subdivision or other form of
development will include a description of the site and the proposed development,
including a professionally prepared drawing, which:
(a)
Delineates the limits of land to be used for the proposed development,
(b)
Shows contours and significant natural features such as wetlands,
watercourses, drainage channels, and slopes that exceed 15 percent,
(c)
Shows existing streets, buildings, and land uses in the vicinity of the site,
(d)
Shows a conceptual layout of proposed streets, trails, and other major
components of the development, and
(e)
Provides any additional information that may be requested by Council.
(2)
Council will not consider an application for an approval in principle unless that
application includes a clear description of the site and proposed development in
accordance with Paragraph (1).
(3)
Council can grant an approval in principle if it determines that the proposed develop-
ment complies generally with the intent and purposes of the Municipal Plan and these
Regulations. Council will attach to the approval in principle such conditions that it
deems necessary to ensure the proposed development will be in accordance with the
Plan and these Regulations. It will also outline such details that the applicant will be
required to address before a final development permit will be granted.
(4)
An approval in principle will be valid for a period of one (1) year, and may be
extended for one (1) additional year, up to a maximum of two (2) years.
(5)
Where approval in principle is granted, approval of a final development permit will
be subject to the subsequent approval by Council of any details and conditions that
were outlined in the approval in principle.
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(6)
Approval in principle will not constitute permission to commence development. No
form of development will commence until Council has issued a proper development
permit.
(7)
Council may revoke approval in principle if it determines that the applicant has
changed the proposed development in a way that significantly alters the original
intent of the application or has not adequately addressed conditions or details
stipulated in the approval in principal.
(8)
A decision by Council on an application for an approval in principle can be appealed
in accordance with Section 42 of the Act.
22.
Development Permit
(1)
A written development permit issued by Council or its designated staff will constitute
permission to develop in accordance with these Regulations, but such permission
shall not relieve the applicant from full responsibility for obtaining all other permits
or approvals prior to commencement of development and complying with all other
regulations and statutes during development.
(2)
Council may attach conditions to a development permit to ensure compliance with
the Municipal Plan and these Regulations, and the permit holder will be responsible
for full compliance with these conditions.
(3)
A development permit is valid for a period of one year and may be extended for one
(1) additional year if requested by the applicant, up to a maximum of two years.
(4)
The issuance of a development permit does not prevent Council from thereafter
requiring the correction of errors or ordering the cessation, removal of, and remedial
work on any development being carried out that is in violation of the Municipal Plan
or these Regulations.
(5)
Council may revoke a permit:
(i)
for failure by the holder of the permit to comply with these Regulations or
any condition attached to the permit or approval in principle,
(ii)
where Council determines that the permit holder has changed the proposed
development in a way that significantly alters the intent of the original
application, or
(iii)
where the permit was issued in error or on the basis of incorrect information,
(6)
No person shall change the application for which a development permit was issued
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unless written Council has issued approval of the change.
(7)
A copy of the development permit, along with plans and specifications, shall be kept
on the site until the development is completed.
(8)
A decision by Council on an application for an approval in principle or a
development permit may be appealed in accordance with Section 42 of the Act.
23.
Temporary Use Permit
At its discretion Council may issue a development permit for a temporary use that complies
with the Municipal Plan and these Regulations. The permit may be for a period not exceeding
one (1) year, and may be extended at the request of the applicant for one (1) additional year,
to a maximum of two (2) years.
24.
Permit Fees
Council may charge a fee for a development permit in accordance with the schedule of fees
adopted by Council.
25.
Compliance with Legislation
(1)
If Council deems that a proposed development may not comply with a particular
provincial or federal act or regulation, it may require the applicant to provide
confirmation that necessary government approvals have been obtained before issuing
a development permit.
(2)
If Council deems that a proposed development may trigger the requirements of the
Environmental Assessment Act, the proponent will be advised to consult with the
Department of Environment and Conservation before a development permit will be
issued.
(3)
Where these Regulations are more stringent than a provincial or federal act of
regulation, these Regulations will apply.
26.
Reasons for Refusing or Setting Conditions on a Permit
Council shall, when refusing to issue a permit or attaching conditions to a permit, state the
reasons for so doing.
27.
Notice of Right to Appeal (Refer to Ministerial Development Regulations, Section 5)
Where Council makes a decision that may be appealed under Section 42 of the Act, Council
shall, in writing, at the time of making that decision, notify the person to whom the decision
applies of the:
(a)
Person's right to appeal the decision to the appeal board,
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(b)
Time by which an appeal is to be made,
(c)
Right of other interested persons to appeal the decision, and
(d)
Manner of making an appeal and the address for the filing of the appeal.
28.
Appeals (Refer to Ministerial Development Regulations, Sections 6-11)
Sections 6 to 11 of the Ministerial Regulations outline the regulations with respect to appeal
requirements, appeal registration, prohibition of development that is subject to an appeal,
notice of an appeal hearing, the appeal board's hearing of evidence, and its decisions.
29.
Return of Appeal Fee
In accordance with Section 42(3) of the Act, where an appeal of a Council decision is
successful, an amount of money equal to the appeal fee paid by the appellant shall be paid to
the appellant by Council.
30.
Notice of Application (Refer to Ministerial Development Regulations, Sections 13 & 15)
(1)
Notice of an application shall, at the applicant's expense, be given when:
(a)
A variance is to be considered under Regulation 12 - Variances,
(b)
A change in a non-conforming use is to be considered under Regulation 52 -
Non-Conforming Uses,
(c)
A proposed development is listed as a discretionary use in Schedule C,
(d)
A comprehensive development is proposed in accordance with Regulation
45 - Comprehensive Development, or
(e)
Council determines an application is such that that the public should be
notified.
(2)
In accordance with Regulation 13 - Notice of Variance of these Regulations and
Section 13 of the Ministerial Development Regulations, notice of a variance
application will be given directly to persons who are likely to be affected and a
minimum of seven (7) days will be provided for persons to respond.
(3)
In accordance with Regulation 52(4) - Non-Conforming Uses of these Regulations
and Regulation 15 of the Ministerial Development Regulations, notice of an
application to change a non-conforming use will be given directly to persons who are
likely to be affected, and in addition will be posted on the Community Channel, or
posted on local bulletin boards, or published by advertisement in a newspaper
circulating in the area. A minimum of seven (7) days from the posting of the notice
will be provided for persons to respond.
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(4)
Notice of an application to develop a discretionary use will be given directly to
persons who are likely to be affected, and in addition will be posted on the
Community Channel, or posted on local bulletin boards, or published by
advertisement in a newspaper circulating in the area. A minimum of seven (7) days
from the posting of the notice will be provided for persons to respond.
(5)
In accordance with Regulation 45 - Comprehensive Development, notice of an
application to undertake a comprehensive development will be given directly to
persons who are likely to be affected, and in addition will be posted on the
Community Channel, or posted on local bulletin boards, or published by
advertisement in a newspaper circulating in the area. A minimum of seven (7) days
from the posting of the notice will be provided for persons to respond.
(6)
Notice of an application for a development that Council deems the public should be
made aware of will be given directly to persons who are likely to be affected, and in
addition will be posted on the Community Channel, or posted on local bulletin
boards, or published by advertisement in a newspaper circulating in the area. A
minimum of seven (7) days from the posting of the notice will be provided for
persons to respond.
31.
Delegation of Powers (Refer to Ministerial Development Regulations, Section 18)
Council shall, when designating employees or contractors to whom a power is to be
delegated under Section 109(2) of the Act, make that designation in writing.
32.
Right of Entry
Any official authorized by Council may enter upon land and may at all reasonable times enter
any development or building for the purpose of making inspections relative to the
development.
33.
Record of Violations
Every inspector shall keep a record of any violation of these Regulations and report that
violation to Council.
34.
Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, Council may order that person to stop the development pending final
adjudication in any prosecution arising out of the development.
(2)
A person who does not comply with an order made under Paragraph (1) is guilty of
an offence under the provisions of the Act.
Town of Gambo
SCHEDULE A
Development Regulations 2014-2024 DEFINTIONS
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Schedule A - Page 1
PART II - GENERAL DEVELOPMENT STANDARDS
35.
Access Ramps
At its discretion, Council may, after consulting with abutting property owners, permit an
access ramp for a wheel chair to be erected in a minimum front, rear, or side yard if:
(a)
There is no alternative means to provide the access ramp, and
(b)
The ramp does not create a safety hazard or block sight lines.
36.
Accessory Buildings
(1)
An accessory building will be clearly incidental and complementary to the use of the
main building(s).
(2)
An accessory building will be contained on the same lot as the main building(s).
(3)
No truck, bus, semi-trailer, freight container, or other vehicle body will be used as an
accessory building.
(4)
No accessory building shall be erected upon an easement.
(5)
No accessory building will be used for a commercial purpose unless approved by
Council in conformity with these Regulations.
(6)
No accessory building or part thereof shall be permitted in the frontyard of the main
building except at Council's discretion in accordance with Paragraph (7).
(7)
Notwithstanding Paragraph (6), Council, in its discretion, may approve an accessory
building in the frontyard of a main building where:
There is inadequate space in the rearyard or sideyard of the property to
accommodate the accessory building,
A rearyard or sideyard location is not physically feasible or would pose a
significant hazard for the property owner,
A frontyard location is necessary to ease accessibility for a physically disabled
person, or
A rearyard or sideyard location would adversely affect the view or other
amenities in the rearyards of the property and/or neighbouring properties. .
In considering an application for an accessory building in the frontyard of a property,
Council will:
Town of Gambo
SCHEDULE A
Development Regulations 2014-2024 DEFINTIONS
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Schedule A - Page 2
(a)
Give notice of the application to all persons whose properties are on the same
street and located within sixty (60) metres of the proposed accessory building
(or such greater distance that Council deems necessary), and duly consider their
comments or objections.
(b)
Ensure that the frontyard location will not pose a threat to road safety,
(c)
Ensure that the location, size, appearance, height, and use of the accessory
building will not adversely affect the character or amenities of neighbouring
properties, and
(d)
Set other conditions it deems necessary to ensure the character, amenities, and
property values of the neighbourhood are protected.
37.
Home Occupations
A home occupation will be permitted only if meets the following conditions:
(a)
The home occupation will be clearly secondary to the residential use of the property.
(b)
The home occupation will be located inside the dwelling or inside an accessory
building on the same lot.
(c)
The home occupation will employ one or more persons, who normally inhabit the
dwelling and, in addition, may employ no more than two persons who do not
normally inhabit the dwelling,
(d)
The home occupation will occupy:
no more than thirty percent (30%) of the floor area of the dwelling unit, and
no more than sixty-five (65) square metres of the total floor area of an accessory
building.
(e)
The home occupation will not include outdoor storage of materials or equipment
unless approved at the discretion of Council.
(f)
The home occupation will not use or keep in storage any hazardous materials,
(g)
The home occupation will not use water or generate sewage in excess of what can be
accommodated by the existing water supply and sewage disposal system,
(h)
The home occupation will not cause noise, odours, fumes, electrical interference, or
other nuisances that unreasonably affect neighbouring properties,
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(i)
Unless otherwise authorized by Council, sufficient off-street parking space shall be
available on the lot for the parking needs of residents, employees, and clients,
(j)
Council may require fencing, screening, and/or a minimum space separation to
protect the amenity of adjacent uses,
(k)
The home occupation will not create traffic safety or traffic congestion concerns,
(l)
The home occupation will not include automobile repair, auto body repair, or
automobile sales, and
(m)
The home occupation will adhere to any other conditions that Council deems
necessary to protect the amenity of adjacent residential uses and the neighbourhood.
38.
Childcare Service
Where permitted by Council a childcare service will conform to the requirements of the
Child Care Services Act and Regulations. Where required, a license to operate shall be
obtained from the Department of Health and Community Services.
39.
Bed and Breakfast Establishments
Where permitted, a Bed and Breakfast establishment will be subject to the following
conditions:
(a)
The use will be operated in a single dwelling occupied as a residence by the operator
of the business.
(b)
The use shall not detract from the residential character of the neighbourhood in terms
of scale or exterior design.
(c)
The maximum number of guest rooms shall be six (6).
(d)
Off-street parking shall provide one space for every guest room. For a catered dining
facility, one additional parking space shall be provided for every two guest rooms.
(e)
No wholesale sales or storage of goods shall be carried out and any retail sales shall
be incidental to the approved use.
(f)
The establishment must be registered by Canada Select and approved by the
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Provincial Department of Tourism, Culture and Recreation.
40.
Archaeological Sites
If an archaeological site or artefact is discovered during development of a property, the
development shall stop and Council will consult with the Provincial Archaeology Office.
Development shall not proceed until the Provincial Archaeology Office has evaluated the site
or authorized the development to proceed.
41.
Industrial Use Buffer Strips
Where any industrial use abuts an existing or proposed residential area, or is separated from
it by a road only, Council may require the industrial development to provide buffer strip not
less than ten (10) metres wide between any residential activity and the industrial area. The
buffer shall include the provision of such natural or structural barrier as may be required by
Council and shall be maintained by the owner or occupier to the satisfaction of Council.
42.
Building Line and Setbacks
(1)
Council, by resolution, may establish building lines on an existing or proposed street
and may require any new buildings to be located on those building lines, whether or
not such building lines conform to the standards set out in Schedule C of these
Regulations.
(2)
The frontyard building line setback is measured from the front property line.
(3)
Notwithstanding the minimum front, side and rear yard requirements set out under
Schedule C, Council, at its discretion, may allow development to complement
existing building setbacks of adjoining properties by varying the yard requirements
after notification of the proposed variance is given to neighbouring property owners
in accordance with Regulation 13 - Notice of Variance and Regulation 30 - Notice
of Application of these Regulations.
(4)
The building line along Provincial highways shall not be less than that specified
under the provincial Building Near Highways Regulation.
43.
Multiple Uses on One Lot
A multiple use occurs when two or more different use classes exist in a single building or on
a single lot.
(1)
Where a single lot contains more than one permitted use, each use shall conform to
all requirements in these Regulations that are applicable to that use.
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(2)
A multiple use may not be permitted where Council determines that the proposed use
would not be compatible with existing uses on or adjacent to the lot by reason of
safety, amenity, appearance, or nuisance.
44.
Main Buildings on a Lot
(1)
Except for a single dwelling, more than one main building may be permitted on a lot
provided that the requirements of Schedule C are satisfied.
(2)
No more than one single dwelling may be permitted on a lot except where that lot or
dwelling forms part of a comprehensive development.
(3)
Where more than one main building is developed on a lot, sufficient area shall be
reserved to satisfy the yard requirements and other allowances outlined in Schedule C
for the Use Zone in which the lot is located. These allowances shall be maintained
when the adjacent land is developed.
45.
Comprehensive Development
Council, at its discretion, may permit a comprehensive development that does not meet the
requirements of these Regulations with respect to access to and frontage on a public street as
well as minimum lot size, frontage, frontyard, sideyard, and rearyard, provided that:
(a)
It is satisfied that the site conditions are such that the standard requirements cannot
be met, the quality of the development would be greater than would otherwise be
achieved through conventional developments, or the development would be in the
public interest with respect to providing housing for elderly, disabled, lower-income,
and other residents whose needs and preferences cannot be easily accommodated by
traditional single-unit dwellings.
(b)
It has provided public notice of the proposed development in accordance with
Regulation 30(1) (d) - Notice of Application of these Regulations.
(c)
A comprehensive development plan has been prepared and approved by Council,
(d)
The comprehensive development itself has frontage on a public street,
(e)
The development is compatible with adjacent development,
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(f)
The area of the comprehensive development is at least one (1) hectare, and
(g)
There are no fewer than two developments within the comprehensive development.
46.
Residential Care Home
(1)
A residential care home may be permitted in a facility or single dwelling that is
adequate in size to accommodate the number of persons living in the home, inclusive
of staff.
(2)
The use and appearance of the building shall not adversely affect the amenities of the
adjacent residences or neighbourhood. Council may set conditions aimed at ensuring
the use is compatible with the neighbourhood.
(3)
Council may require special access and safety features to be provided for the
occupants before occupancy is permitted.
47.
Minimum Distance Separations for Commercial Livestock Facilities
(1)
No new livestock facility, designed to accommodate more than ten (10) animal units,
shall be located closer than:
(a)
300 metres from a dwelling, public building, or commercial building, other
than a dwelling or commercial building located on the same lot as the
livestock operation,
(b)
70 metres from the boundary of the property on which it is to be erected, and
(c)
90 metres from the centre line of a public road.
(2)
No new public building, commercial building, or dwelling, except a dwelling or
commercial building located on the same lot as the livestock operation, may be
located within 250 metres of an existing livestock facility that has the capacity to
accommodate more than ten (10) animal units.
(3)
In addition to the above requirements, new livestock facilities are subject to
applicable Provincial acts and regulations.
48.
Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any portion
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thereof or otherwise, so that any building or structure on such lot shall have a lot
coverage that exceeds, or a frontyard, rearyard, sideyard, frontage, or lot area that is
less than, that permitted by these Regulations for the zone in which such lot is
located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a yard, it
shall continue to be so used regardless of any change in the ownership of the lot or
any part thereof, and shall not be deemed to form part of an adjacent lot for the
purpose of computing the area thereof available for building purposes.
49.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist
in any residential zone with insufficient frontage or area to permit the owner or purchaser of
such a lot or lots to comply with the provisions of these Regulations, then these Regulations
shall not prevent the issuing of a permit by the Council for the erection of a dwelling thereon,
provided that the lot coverage and height are not greater than, and the setbacks and floor area
are not less than the standards set out in these Regulations.
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50.
Lot Frontage
Except where provided for in Schedule C, no building shall be erected on a lot that does not
front directly onto a public street unless the subject lot forms part of a comprehensive
development.
51.
Mineral Exploration
(1)
Where it is permitted, a mineral exploration use that constitutes a development (in
accordance with the definition in Schedule A), will make adequate provision for
buffering and other mitigations of impacts on residential, commercial, industrial,
institutional, recreational, and environmentally sensitive areas.
(2)
Council will not issue a permit for mineral exploration until all necessary permits and
approvals have been obtained from the Departments of Natural Resources and
Environment and Conservation, together with any other relevant Provincial agencies.
(3)
Mineral exploration may be subject to conditions to control noise, appearance, road
construction, ground disturbance, and other impacts, as well as the duration of
exploration activity. The precise nature of these controls will depend upon the
location of the exploration in relation to built-up and environmentally sensitive areas,
such as water supply areas, watercourses, and wetlands.
(4)
Where there is to be appreciable ground disturbance, the developer may be required
to provide Council a site restoration surety and/or other satisfactory guarantees of site
rehabilitation and landscaping.
(5)
Mineral exploration that is not classed as a development by virtue of ground
disturbance, access roads, or use of equipment other than hand tools, may be
permitted anywhere in the Planning Area, with adequate notification to Council.
52.
Non-Conforming Uses (Refer to Section 108(2) of the Urban and Rural Planning Act
2000 and Sections 14, 15, and 16 of the Ministerial Development Regulations)
(1)
Notwithstanding the Municipal Plan, a scheme, or regulations made under the Urban
and Rural Planning Act 2000, Council shall, in accordance with regulations made
under this Act, allow a development or use of land to continue in a manner that does
not conform with a regulation, scheme, or plan that applies to that land provided that
the non-conforming use legally existed before the registration under Section 24 of the
Act of the plan, scheme or regulations made with respect to that kind of development
or use.
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(2)
Notwithstanding Paragraph (1), a right to resume a discontinued non-conforming use
of land shall not exceed one year after the discontinuance occurred. For the purpose
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of this Regulation, discontinuance of a non-conforming use begins when any one of
the following conditions is met:
(a)
The building or use of land is clearly vacated,
(b)
The owner or tenant has ceased paying business taxes for that use, and
(c)
The owner or tenant has stated in writing that the use has ceased.
(3)
A non-conforming building, structure, or development under the Act, which is
allowed to continue under Paragraph (1):
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by Council,
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development,
(c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50 percent or more of the value of that building, structure or
development has been destroyed, except as provided for in Paragraph (h)
below,
(d)
may have the existing use for that building, structure or development varied
by Council to a use that is, in Council's opinion, more compatible with the
plan and regulations applicable to it,
(e)
may have the existing building extended by Council where, in Council's
opinion that extension is not more than 50 percent of the existing building,
(f)
where the non-conformance is with respect to the standards in these
Regulations, shall not be expanded if the expansion would increase the non-
conformity,
(g)
where the building, structure, or development is primarily zoned and used for
residential purposes, may, in accordance with the appropriate plan and
regulations, be repaired or rebuilt where 50 percent or more of the value of
that building or structure is destroyed, and
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(4)
In accordance with Regulation 30 - Notice of Application of these Regulations,
when considering an application to vary an existing use of a non-conforming
building, structure or development under Paragraph (3) (d), Council will, at the
applicant's expense, provide public notice of the application and shall consider any
representations or objections received in response to that advertisement.
53.
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous fumes,
smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any
nuisance that has an unpleasant effect on the senses unless its use is authorized by Council
and any other authority having jurisdiction.
54.
Parks, Playgrounds, and Open Spaces
Nothing in these Regulations shall prevent the designation of land for the establishment of
parks, playgrounds, and open spaces in any zone provided that such land is not located in
areas that may be hazardous to their use or is an area that is not compatible for such a use.
55.
Trail Developments
(1)
No trail development will proceed unless Council has issued a development permit.
As a condition of a development permit, Council may require that satisfactory
arrangements have been put in place to ensure the trail will be appropriately protected
and maintained. This may include the transfer of ownership of the trail right-of-way
to Council in accordance with Regulation 85 - Dedication of Land for Public Use
and/or Regulation 91 - Transfer of Streets and Utilities to Council.
(2)
The minimum width of a trail corridor, including the buffer area, will be 30 metres or
approximately 15 metres on either side of the centre line of the trail. However, the
width of a trail corridor may be reduced where:
(a)
The area adjacent to the trail is already developed, and
(b)
Council deems that the corridor can be narrower due to space limitations, site
conditions, land ownership, or other pertinent factors.
(3)
Council may require trails and associated facilities to incorporate design standards to
facilitate the access and mobility needs of disabled and elderly persons.
(4)
For a trail to be eligible for protection it must be delineated on the Land Use Zoning
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maps, approved as a designated trail corridor by a resolution of Council, or included
as a part of a subdivision or development plan that has been approved by Council.
(5)
The proposed designation of any trail corridor, which is not already shown on the
Land Use Zoning maps or does not form a part of a separately approved subdivision
or development plan, will not be approved by Council until it has been advertised in
accordance with the provisions of Regulation 30 - Notice of Application and an
opportunity has been provided for the public to comment on the proposal.
(6)
Within the trail corridor, only accessory recreational uses, public utilities, and street
crossings may be allowed.
56.
Screening and Landscaping
(1)
Council may, in the case of existing unsightly development, order the owner or
occupier to provide adequate and suitable landscaping or screening; and for this
purpose may require the submission of an application giving details of the
landscaping or screening, and these Regulations shall then apply to that application.
(2)
The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit where, in the opinion of Council, the
landscaping or screening is desirable to preserve amenity or protect the environment.
57.
Public Services and Utilities
Within any zone, Council may permit land to be used in conjunction with the provision of
public services and public utilities if the use of that land is necessary to the proper operation
of the public service or public utility concerned, provided that the design, construction,
landscaping, and operation of the service or utility, in the opinion of Council, will be
adequate to protect the environment, character, and appearance of the area.
58.
Energy Generation Facilities
(1)
Wind, solar and small hydro generating facilities and associated facilities and
services are subject to the conditions set out below.
(2)
Energy utilities are subject to the approval of relevant provincial and federal
departments, agencies, and public utilities, including the Mines and Energy Division
of the Department of Natural Resources and Transport Canada. The design and
location of such utilities shall take into consideration their impact on nearby land
uses and persons, the environment, and archaeological resources, along with other
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matters that Council may deem to be significant.
(3)
An adequate separation distance will be maintained between wind generators and
nearby buildings and structures to prevent damage to persons and properties due to a
failure of a generator or any of its components or the shedding of ice.
(4)
Unless specifically exempted by Council or other relevant agencies, the design,
construction and location of an energy utility shall be certified by a professional
engineer who has consulted with the required agencies.
59.
Site Development Requirements
The following requirements will apply to all proposed site developments involving new
street construction or large sites for commercial or other development.
(a)
When reviewing a development application, Council shall consider the suitability of
the site in terms of steepness of grades, soils, geology, and environmentally sensitive
areas, including watercourses, wetlands, and proximity to coastal shorelines.
(b)
No buildings, structures, or placement or removal of fill will be permitted:
(i)
On a slope that exceeds twenty-five percent (25%) over a height of four (4) or
more metres and a length of twenty-five (25) or more metres.
(ii)
Within eight (8) metres of the top or bottom of a slope that exceeds twenty-
five percent (25%) over a height of four (4) or more metres
(c)
Before approving development of a site having a slope greater than fifteen (15)
percent but not more than twenty-five (25) percent, Council will require the
development proposal to be reviewed by a certified planner, engineer, landscape
architect, or similar professional. The review shall evaluate the site's soil and
geological stability, proposed site grading, drainage, vegetation removal, landscaping,
and the potential of the development to cause stormwater runoff, erosion, or pollution
affecting adjacent properties, wetlands, water bodies.
(d)
Excavation or filling-in of land to prepare a site for development will be limited to an
extent that is deemed by Council to be environmentally and aesthetically acceptable.
(e)
A development application will provide sufficient information to show the extent of
any proposed clearing, excavation, or filling-in of the site.
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(f) An approval in principle or a permit to develop will not be granted when in Council's
opinion the proposed clearing, excavation, filling-in of land, or other site
development will result in unacceptable drainage, environmental, or aesthetic
impacts, or will be more than is necessary to suitably develop the site.
60.
Street Construction Standards
A new street may not be constructed except in accordance with the design and construction
specifications set by Council.
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61.
Development Within or Adjacent to a Watercourse or Wetland
(1)
All portions of a lot that are located within 15 metres of the edge of a wetland or the
top of the stream bank of a watercourse, but which are not located in the
Environmental Protection zone, will be subject to the following:
(a)
No building or structure will be permitted, except for:
(i)
reconstruction of a residential dwelling that was in existence on the
date that this Municipal Plan came into effect
(ii)
an accessory building or structure to (i) above
(b)
Any excavation or filling-in of land, or other altering of the landscape, will
be limited to a maximum of ten percent (10%) of the area of the lot located
within the 15-metre buffer area,
(2)
Before Council will approve development, use, or alteration of a watercourse,
wetland, or estuary, the development, use, or alteration must be approved or
exempted by other provincial and federal agencies having jurisdiction.
(3)
Development within a wetland is permitted only in such a way as to minimize
adverse impacts on the hydrology, water quality, flora, fauna, and other important
environment resources for which there may be concern.
(4)
If a watercourse or wetland is deemed to be minor (see below), such watercourses
and wetlands shall remain undeveloped and protected by a buffer wherever possible.
If Council, at its discretion, permits a development that will affect a minor
watercourse or wetland, alternatives to covering over or eliminating such
watercourses and wetlands shall be taken wherever possible, including redesign of
the development and relocation of the watercourse or wetland.
(a)
A minor watercourse is defined as a drainage course that carries water only
during rain events or snowmelt, an intermittent stream that does not carry
significant spring runoff, and a stream that is not fish habitat.
(b)
A minor wetland is defined as a wetland of less than 5,000 square metres in
area that is not associated with a watercourse and is not deemed to be an
environmentally sensitive area.
62.
Line of Vision at Intersections
So as to not obstruct the view of motorists and pedestrians,
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(a)
All occupied lands within 7 metres of a street intersection shall be kept free of any
shrubs, plants, and trees that will impede the line of vision clear for motorists and
pedestrians, and
(b)
No building or structure shall be permitted to be erected, moved, enlarged, or
reconstructed on any land that is within 7 metres of a street intersection.
63.
Development in the Vicinity of a Public Right-of-Way
(1)
Land development and the erection of buildings and structures will not be permitted
on any site where it would otherwise be permitted under these development
regulations, when in the opinion of Council, the development would impede public
passage on a public right-of-way or interfere with any legal right of Council to
develop or improve the right-of-way for public access and recreation.
(2)
Council may require a minimum setback or set other terms and conditions to a
proposed development in the vicinity of a public right-of-way to ensure the
development will not obstruct public passage along the right-of-way.
64.
Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such purpose, and
to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and where
a service station is located on a corner lot, the minimum distance between an access
and the intersection of street lines at the junction shall be 10 metres and the lot line
between entrances shall be clearly indicated.
65.
Habitat Conservation
(1)
Stewardship Zone
The Gambo Stewardship Zone overlays the entire Planning Area of Gambo to
incorporate all wetland and waterfowl habitat.
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Any application for development within wetland areas and along fresh and saltwater
shorelines shall be reviewed by Council to ensure that the proposed development will
not impact negatively on sensitive wetlands or habitat used by waterfowl. Where it
deems that a proposed development may have impacts, Council will establish
mitigating conditions to be used by the developer to reduce any habitat degradation
that may result from development.
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(2)
Habitat Management Units
The Gambo zoning maps show five (5) defined areas that are designated Habitat
Management Units. Most lands within these Management Units are zoned for
Environmental Protection.
Where they are not so zoned, a protective buffer shall extend 15 metres from the edge
of an identified wetland or the high water mark around the shorelines of ponds,
rivers, and saltwater. Any development proposal within a Management Unit will be
sent for a 15-day referral to the Wildlife Division, Department of Environment and
Conservation for review and comments before Council will issue a permit. Open
space uses may be permitted provided no motorized recreation vehicles are used.
66.
Building Development Controls in Floodplains
In 2011, due to the extensive flooding that occurred in the southern portion of Gambo during
Hurricane Mitch and subsequently, Council designated a flood liable area where building
development would be subject to special conditions to reduce risks of damage from future
floods. This area overlaps the Residential, Mixed Development, Village Green, and
Environmental Protection zones, and is shown as a shaded overlay on Zoning Map 2.
The objectives of the Floodplain Development Control regulation are to:
Bring to the attention of the community, Council's policy in relation to building on
flood liable land.
Require that buildings built in flood liable areas are designed and constructed to
withstand the likely stresses of the highest probable flood.
Minimize the financial burdens to owners of flood liable land and to the general
public.
Reduce flood losses by restricting and controlling building design and construction so
that new buildings will be less susceptible to flood damage and risks to residents and
those involved in rescue operations during floods will be minimized.
The following regulation applies to the Flood Liable Area (FLA).
1.
All building permit applications must be accompanied by a survey plan prepared by a
Registered Surveyor providing geodetic elevations of existing ground levels.
2.
The floor level of all new dwellings must be no lower than the established Minimum
Floor Level (MFL) of 2.42 metres above sea level.
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3.
A certificate by a Registered Surveyor, certifying that the MFL has been achieved,
shall be submitted to Council prior to commencement of any construction above floor
level.
4.
At Council's discretion, non-habitable buildings, such as garages, workshops, and
woodsheds, may be constructed below the MFL.
5.
Materials used in construction below the MFL must be of a type that is able to
withstand the effects of immersion.
6.
Basements are prohibited in the Flood Liable Area.
7.
The MFL may be accomplished by:
Concrete slab on properly compacted fill.
Elevation on piles, posts, piers or columns.
Elevation on walls or a crawl space.
8.
An unfinished, flood resistant enclosed area below the lowest floor may be permitted
if it is usable solely for vehicle parking or limited storage. Fully enclosed structures
must have flood openings to allow water to flow into and out of the structure thereby
relieving hydrostatic forces.
9.
Buildings must be designed and anchored to prevent flotation, collapse, lateral
movement or undercutting by erosion or scour during a 100-year flood event. The
Base Flood Elevation (BFE) for a 100-year flood is 1.82 metres above sea level,
which was the flood level experienced during Hurricane Igor in 2010.
10.
Sanitary sewer laterals must include a backflow device.
PART III - SIGNS
67.
Permit Required
Subject to the provisions of Regulation 73, no sign shall be erected or displayed in the
Planning Area unless a permit for the sign is first obtained from the Council.
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68.
Provincial Highways
In addition to a permit from Council, the erection or display of a sign on a Provincial
Highway shall require a permit from the Government Service Centre.
With respect to signs on or near a Provincial Highway, where these Regulations are
inconsistent with the Provincial Highway Sign Regulations, the more restrictive regulations
shall apply.
69.
Form of Application
Application for a permit to erect or display a sign shall be made to the Council in accordance
with Regulation 18.
70.
Approval Subject to Conditions
A permit may only be issued for the erection or display of signs that comply with the
appropriate conditions and standards set out in these Regulations.
71.
Signs Prohibited in Street Reservation
No sign will be permitted within, on, or over any highway or street reservation.
72.
Removal of Signs
Notwithstanding the provisions of these Regulations, Council may require the removal of any
sign, which, in its opinion, is:
(a)
hazardous to pedestrian or vehicle traffic by reason of its siting, colour, illumination,
or structural condition, or
(b)
detrimental to the amenities of the surrounding area.
(c)
not maintained to the satisfaction of the Council.
73.
Signs Exempt from Control
Notwithstanding Regulation 67, the following signs may be erected or displayed without
application to the Council:
(a)
on a residential dwelling or within the yard of a dwelling, one nameplate not
exceeding 0.2 m2 in area;
(b)
on an agricultural, forestry, mining or quarrying operation, one notice board not
exceeding 0.5 m2 in area relating to the operations being conducted on the land;
(c)
on a site occupied by an institutional, civic, service or public use (e.g. church, school,
museum, cemetery), one notice board not exceeding 1.0 m2 in area,
(d)
on a commercial or industrial building, a notice board not exceeding 1.0 m2 in area,
(e)
on any parking lot, directional signs, plus one sign only not exceeding 1.0 m2 in size
to identify the parking lot,
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(f)
real estate sales, leasing, and open house signs not exceeding 1 m2
(g)
signs placed by candidates at municipal, provincial, or federal elections;
(h)
signs for temporary local events such as festivals, from one month before the event to
no later than one week after its conclusion;
(i)
temporary signs on construction sites warning of danger and or outlining the nature
of the development up to a maximum area of 7.5m2.
74.
General Sign Standards
No commercial, industrial, or public use will have more than two (2) signs.
The following standards shall apply to signs erected for a commercial, industrial, or public
use. At its discretion, Council may require more restrictive standards.
(a)
Window Sign - maximum of 1 m2
(b)
Awning/Canopy Sign - maximum of 3 m wide by 0.75 m high
(c)
Wall Sign - maximum of 3 m wide by 0.75 m high
(d)
Hanging and Projecting Sign - maximum of 1 m2
(e)
Murals - At the discretion of Council.
(f)
Free Standing Sign - one per use, maximum of 5.0 m2
75.
Residential Zones
Notwithstanding Regulation 74, in the Residential and Residential Seasonal zones, no sign
will be permitted that does not meet the standards set out in Regulation 73 except at the
discretion of Council and only if Council has provided notice in accordance with Regulation
30(4) of these Regulations.
PART IV - SUBDIVISION OF LAND
76.
Application of Part III
Part III of these regulations applies to each of the following:
(a)
The subdivision of land under single ownership into two or more lots, including the
residual lot,
(b)
Construction, upgrading, or extension of a public street, and
(c)
Extension or upgrading of the municipal water and sewer system.
77.
Subdivision Permit Required
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No land in the Planning Area shall be subdivided into two or more lots unless a permit for
the development of the subdivision is first obtained from Council.
78.
Services to be Provided
No permit shall be issued for the subdivision of land unless provisions satisfactory to Council
have been made for supply of drinking water, sewage disposal, and stormwater drainage so
as to not affect adjoining and nearby properties.
79.
Payment of Service Levies and Other Charges
No permit will be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by Council for connection to services, utilities, and
streets deemed necessary for the proper development of the subdivision and all service levies
and other charges imposed under these Regulations.
80.
Permit Subject to Considerations
For every proposed subdivision of land involving new street construction, an application and
development plan shall be submitted to Council.
A permit shall not be issued when, in the opinion of Council, the development of a
subdivision will not contribute to the orderly growth of the municipality or demonstrate
sound design principles.
In considering a subdivision application, Council shall, without limiting the generality of the
foregoing, consider:
(a)
Proposed land uses within the development,
(b)
The location and natural characteristics of the site, including topography, drainage,
soils and geology, vegetation, wetlands, watercourses, sensitive areas, prevailing
winds, and solar orientation,
(c)
Municipal Plan policies, Development Regulations, and Use Zone affecting the site,
(d)
Proposed layout of streets and lots, as well as linkages to existing streets,
(e)
The availability of and the demand created for municipal infrastructure, municipal
services, and utilities,
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(f)
Provision for access to adjacent undeveloped areas,
(g)
The land use, physical form and character of adjacent developments,
(h)
The relationship of the project to existing or potential sources of nuisance,
(i)
Visual quality and effect on viewscapes from existing subdivisions,
(j)
Community facilities,
(k)
Energy conservation,
(l)
Environmental effects with respect to watercourses, wetlands, steep slopes, drainage
patterns, stormwater generation and control, coastal resources, and loss or
fragmentation of habitat,
(m)
Municipal financial costs related to the provision and maintenance of roads, other
infrastructure, and municipal services,
(n)
Effects on the sustainability of important resource lands, including groundwater
supply areas, agricultural land, forestland, and aggregate resources, and
(o)
Such other matters as may affect the proposed development.
81.
Building Permits Required
Notwithstanding approval of a subdivision by Council, a separate building permit shall be
obtained for each building proposed to be erected in 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.
82.
Form of Application
Application for a permit to develop a subdivision shall be made to Council in accordance
with Regulation 18 - Form of Application.
83.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated
on the Zoning Maps.
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84.
Building Lines
Council may establish building lines for any subdivision street and require any new building
to be located on such building lines.
85.
Dedication of Land for Public Use
In accordance with Section 37 of the Act, Council may require developers of subdivisions to
provide to the Town land for open space or other public use equal to ten per cent of the gross
area to be developed. In lieu of land dedication, Council may accept a sum of money that is
equivalent to the value of the land that would have been conveyed.
Unless Council decides otherwise, the dedication of such land for public use will not include
land that Council requires to be set aside from development for the purposes of
environmental protection or stormwater drainage.
86.
Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro or telephone
pole, fire hydrant, mail box, school bus shelter, sign post) shall not be approved by Council
unless or until it is satisfied on the question of safe construction and relationship to other
buildings or other structures within the street reservation and the relationship to safe
movement of vehicles and pedestrians.
87.
Subdivision Design Standards
Except as otherwise specified in a Subdivision Policy adopted by Council, no permit shall be
issued for the development of a subdivision under these Regulations unless the design of the
subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
A cul de sac will be subject to the following:
(i)
the turning circle of a cul de sac will have a driving surface diameter of not
less than 30 metres.
(ii)
the maximum length of a cul de sac will be 500 metres.
(iii)
all cul de sac water mains will be connected to a water main on an adjoining
street or will be looped back to ensure continuous water flow and prevent
stagnant water at the end of dead-end pipes.
(c)
Streets will be designed in accordance with the following minimum standards:
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Type
of Street
Street
Reservation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Arterial Street
30 m
15 m
1.5 m
Discretion
of Council
Collector Street
20 m
15 m
1.5 m
Local Street
15 m
(may be varied to no
less than 12.2 m at
Council's discretion)
7.3 m
Discretion
of Council
(d)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
88.
Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all streets, paving, sidewalks and all other utilities
deemed necessary by Council 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 Council, be incorporated in the
plan of subdivision.
(2)
Upon approval by Council 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 streets and other works
deemed necessary by Council to service the said area.
89.
Developer to Pay Engineer's Fees and Charges
The developer shall pay to Council all the Engineer's fees and charges for the preparation of
designs and specifications 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 and Geoscientists of Newfoundland and Labrador
and in effect at the time the work is carried out.
90.
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, and paving specified
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by Council as being necessary, may, at Council's discretion, be deferred until a later stage of
the subdivision development but the developer shall deposit with Council before approval of
the application, an amount estimated by the Engineer as reasonably sufficient to cover the
cost of construction and installation of the works. In the later stage of the work of
development, Council shall call for tenders for the work of construction and installation of
the works, and the amount so deposited by the developer shall be applied towards payment of
the contract cost. If the contract cost exceeds the deposit, the developer shall pay to Council
the amount of the excess. If the contract price is less than the deposit, Council shall refund
the amount of the excess. Any amount so deposited with Council 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.
91.
Transfer of Streets and Utilities to Council
(1)
The developer shall, following the approval of the subdivision of land and upon
request of Council, transfer to Council, at no cost to Council, 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 Council 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, sanitary sewer,
and storm drainage systems installed in the subdivision that are normally
owned and operated by Council.
(2)
Before Council shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets, services
and public works installed in the subdivision and certify his satisfaction with their
installation.
(3)
Council 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 Council.
92.
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until Council is satisfied that satisfactory
access to a street is provided for the lot.
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93.
Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building types and
for landscaping in order to enhance the visual aspects of the completed development
and to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by Council, shall not be changed without written
application to and subsequent approval of Council.
PART V - USE ZONES
94.
Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use Zones,
which are shown on the Zoning Map attached to and forming part of these
Regulations.
(2)
Subject to Paragraph (3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in the
Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not set
out in the Use Zone Tables in Schedule C, Council may in its discretion, determine
the standards, requirements and conditions which shall apply.
95.
Map Interpretation
(1)
The boundaries of the Use Zones shown on the Land Use Zoning Maps are general
only and, except where they coincide with roads, shorelines, or other prominent
physical features, are not intended to define exact limits. No zoning amendment shall
be required to allow minor adjustments of the Use Zone boundaries. Other than such
minor boundary adjustments, no development shall be permitted that does not
conform to the Use Zone delineated on the Land Use Zoning Maps.
(2)
Where there is uncertainty regarding the existence of a watercourse identified on the
zoning map as occurring within the Environmental Protection zone, this will be
confirmed in the field. If it is determined that the watercourse does not exist, the area
in question will be treated as if it is occurring within a surrounding zone.
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96.
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in
Schedule C shall be determined by Council in accordance with the classification and
examples set out in Schedule B.
97.
Permitted Uses
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 Council in that Use Zone.
98.
Discretionary Uses
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 Council
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 Council has given notice of the application in
accordance with Regulation 30 - Notice of Application and has considered any objections
or representations which may have been received on the matter.
99.
Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in
the appropriate Use Zone Tables in Schedule C shall not be permitted in that Use Zone.
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Town of Gambo
Development Regulations 2014-24
Schedule A - Definitions
SCHEDULE A - DEFINITIONS
GENERAL NOTE:
A definition marked with an asterisk is also included in the Ministerial Development
Regulations. Where there is a conflict, the Ministerial Development Regulations prevail.
*ACCESS means a way used or intended to be used by vehicles, pedestrians or animals in order to
go from a street to adjacent or nearby land or to go from that land to the street.
*ACCESSORY BUILDING includes:
(i)
A detached subordinate building not used as a dwelling, located on the same lot as the main
building to which it is an accessory which has a use that is customarily incidental or
complementary to the main use of the building or land,
(ii)
In the case of a residential use, a domestic garage, carport, ramp, shed, swimming pool,
greenhouse, cold frame, fuel shed, vegetable storage cellar, shelter for domestic pets, or radio
or television antennae,
(iii)
In the case of a commercial use, an office, workshop, storage building, or garage, and
(iv)
In the case of an industrial use, a garage, office, workshop, storage building, ramp, or dock.
*ACCESSORY USE means a use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use.
*ACT means, unless the context indicates otherwise, the Urban and Rural Planning Act 2000.
AGRICULTURE, CROP means an agricultural operation that is carried on for personal or
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commercial use and includes:
(a) the clearing, draining, irrigating or cultivation of land,
(b) the production of agricultural field crops,
(c) the production of fruit and vegetables and other specialty horticultural crops,
(d) the operation of agricultural machinery and equipment,
(e) storage, use or disposal of organic wastes for farm purposes,
(f) the preparation of a non-livestock farm product for distribution from the farm gate, including
cleaning, grading and packaging,
(g) the operation of pick-your-own farms, roadside stands, farm produce stands, and tourist
operations as part of a farm operation, or
(h) any other non-livestock agricultural activity or process prescribed by Provincial regulation
that is carried on for gain or reward or in the hope or expectation of gain or reward.
AGRICULTURE, LIVESTOCK means an agricultural operation that is carried on for personal or
commercial use and includes:
(a) the clearing, draining, irrigating or cultivation of land for livestock grazing,
(b) the raising of livestock, including poultry,
(c) the raising of fur-bearing animals,
(d) the raising of bees,
(e) the production of eggs and milk,
(f) the preparation of a livestock, poultry, or dairy product for distribution from the farm gate,
including cleaning, grading and packaging,
(g) the on-farm processing of farm products for the purpose of preparing livestock, poultry, or
dairy products for wholesale or retail consumption,
(h) any other livestock activity or process prescribed by Provincial regulation that is carried on
for gain or reward or in the hope or expectation of gain or reward.
ANIMAL UNIT means any one of the following animals or groups of animals:
(a) 1 horse, cow, steer, bull, mule, donkey, pig, fox, or mink including offspring until weaning
(b) 3 llama or alpaca including offspring until weaning
(c) 6 sheep or goats including offspring until weaning
(d) 10 ostriches, emus or fur bearing animals, excluding fox or mink, including offspring until
weaning
(e) 20 hens, chickens, turkeys, ducks or geese, or
(f) 100 chicks.
APARTMENT BUILDING means a residential building containing three or more dwelling units
except for a townhouse.
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APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT means a person who has applied to Council for a permit to carry out a development.
BACK LOT means a residential building lot that is separated from the street by one or more existing lots
and is accessible from the street by a strip of land, which forms part of the lot.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment for paid
temporary accommodation for up to six (6) guest rooms of paid temporary accommodation for
tourists and other travellers. The establishment may include a self-serving dining area for the use by
overnight guests. Catered dining may be considered on a limited-use basis. Other uses that may be
considered under this definition include hospitality home, cottage and inn. The establishment must
be registered with and receive a rating from Canada Select and also must be approved by the
Provincial Department of Tourism, Culture and Recreation as a Bed and Breakfast operation.
BOARDING HOUSE means a dwelling in which at least two (2) rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BUILDING means a structure, erection, excavation, alteration or improvement whatsoever placed
on, over or under land, or attached, anchored or moored to land, and includes mobile structures,
vehicles and marine vessels adapted or constructed for residential, commercial, industrial and other
like uses, and any part of a building as so defined and any fixtures that form part of a building.
*BUILDING HEIGHT means the vertical distance, measured in metres, from the established grade
to:
(i)
the highest point of the roof surface of a flat roof,
(ii)
the deck line of a mansard roof, and
(iii)
the mean height level between eave and ridge of a gable, hip or gambrel roof, and in
any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof.
*BUILDING LINE means a line established by Council that runs parallel to a street line and is set
at the closest point to a street that building may be placed.
CAMPGROUND means an area of land, managed as a unit, for the accommodation of any
combination of three (3) or more tents, recreational vehicles, or travel trailers used on a short term or
seasonal basis, and where the accessory uses could include an administrative office, clubhouse, snack
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bar, laundry, convenience store, swimming pool, washroom, and recreational facility.
CATERING means a building or part of a building where food is prepared and served within the premises
and includes a restaurant and coffee shop, but does not include a take-out food service or drinking
establishment.
CEMETERY means a facility or site reserved for the burial of the dead and may include a
crematorium, mortuary, and related maintenance facility.
CHILD CARE 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 which does not include a school as defined by the Schools Act.
CLUB AND LODGE means land, a building, or part of a building used by a non-profit association
or organization for fraternal, social, recreational or religious purposes.
COLLECTOR STREET means a street that links local streets with arterial streets or other collector
streets, and which is designated as a collector street in the Municipal Plan or on the Zoning Map.
COMMERCIAL ACCOMMODATION means a building, or part thereof, used to provide short
term (not permanent) accommodation for paying guests. Accommodation may be self contained
(with full kitchen, bathroom and laundry services) or serviced (laundry service and meals are
provided). Commercial accommodation may include a hotel, motel, or inn, but not a tourist cottage
establishment, which is defined separately.
COMMERCIAL OUTDOOR RECREATION means a commercial facility or operation such as a
golf course, outdoor theatre, Alpine ski hill, target shooting range, canoeing/kayaking tour operation,
outdoor adventure operation, water slide, or motocross track.
COMMUNICATIONS means a building, structure, mast, or antenna used to facilitate the receiving
or transmitting of radio, television, telephone, cellular, or satellite communications, and may include
radio and television stations.
COMPREHENSIVE DEVELOPMENT means an integrated development on a suitable, large site
that responds to a unique market opportunity and involves special development standards not
otherwise permitted in the zone. A comprehensive development may allow for a mix of different
housing types and densities, and innovations such as cluster layouts and zero lot line housing, and
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privately owned and maintained streets and infrastructure.
CONSERVATION means a use of land that serves to protect, maintain, or improve an
environmental resource or feature.
CONSTRUCTION YARD means an area used for the storage of construction materials, supplies,
equipment, tools, stockpiles of construction materials, and other items including temporary storage
containers, construction trailers, and temporary office trailers;
CONVENIENCE STORE means a retail commercial establishment supplying groceries, sundries
and other daily household necessities to the immediate surrounding area.
COUNCIL means the Council of the Town of Gambo having jurisdiction of the Gambo Municipal
Plan and Development Regulations.
CROP AGRICULTURE - See "AGRICULTURE, CROP".
CULTURAL AND CIVIC means land or a building used for a cultural or civic activity such as
a museum, art gallery, interpretation centre, cultural centre, outdoor interpretive or educational
display, of a historic, cultural, or educational nature, or used for a government activity not
otherwise defined in these Regulations.
DECK means a raised structure that has a walking surface within one storey of the established grade
at the ground level of that face of the building, which may or may not be attached to a main building,
which does not have a permanent roof.
DEVELOPMENT means the carrying out of any building, engineering, mining or other operations
in, on, over, or under land, or the making of any material change in the use, or the intensity of use of
any land, buildings, or premise and without limiting the generality of the foregoing, includes:
(i)
the making of an access onto a highway, road or way,
(ii)
the construction of a building,
(iii)
the erection of an advertisement or sign, and
(iv)
the parking of a trailer, or vehicle of any description used for the sale of refreshments
or merchandise, or as an office, or for living accommodation, for any period of time.
and excludes:
(i)
the carrying out of works for the maintenance, improvement or other alteration or any
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building,
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(ii)
the carrying out by a highway authority of any works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the
road reservation,
(iii)
the carrying out by any local authority or statutory undertakers of any works for the
purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other
apparatus, including the breaking open of any street or other land for that purpose,
and
(iv)
the use of any building or land within the courtyard of a dwelling house for any
purpose incidental to the enjoyment of the dwelling house as such.
*DEVELOPMENT REGULATIONS means these regulations and regulations and by-laws
respecting development that have been enacted by Council.
*DISCRETIONARY USE means a use that is listed within the discretionary use classes established
in the use zone tables of Council's development regulations.
DISTANCE means the shortest separation, measured on a horizontal plane, between a lot line, street
line, top of a the bank of a watercourse, coastal feature, or other point specified in these Regulations
and the nearest part of a building, structure, excavation, or other use of land.
DOCK means a recreational wharf or slipway structure extending into a body of freshwater or
saltwater, but does not include a marina or marine facility.
DOUBLE DWELLING means a building containing two dwelling units, placed one above the
other, or side by side, but does not include a single dwelling containing a subsidiary apartment.
DRAINAGE means the removal of surface or subsurface water by a channel, open ditch, grassed
waterway, or conservation structure.
DRINKING ESTABLISHMENT means a commercial operation, assembly hall, club, or lounge in
which the sale and consumption of liquor is licensed under the Liquor Control Act, and in which
meals and food may be served for consumption on the premise and entertainment may be provided.
DRIVEWAY means a vehicular passageway having at least one end thereof connected to a public
street and providing ingress to and/or egress from a lot.
DWELLING means a main building or portion thereof, which contains one or more dwelling units.
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DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used or
designed as the living quarters for one household.
EDUCATIONAL means a public or private institution of learning that includes primary,
elementary, junior high, and senior high schools, colleges, universities, as well as buildings used for
temporary training activities.
EMERGENCY SERVICE means a fire station, police station, ambulance station, rescue centre, or
other facility for the provision of emergency services, including a related training facility.
ENERGY GENERATION FACILITY means a facility for the generation of electricity from wind,
biomass, water, oil, or gas.
ENGINEER means a professionally certified engineer who is employed or retained by Council or is
employed or retained by a developer in relation to a development that requires Council approval.
ENTERTAINMENT means the internal use of a building for entertainment activities, and may
include bowling alleys, movie theatres, performing arts, games arcades, poolrooms, youth centres,
and similar uses, but does not include drinking establishments.
*ESTABLISHED GRADE means:
(i)
where used in reference to a building, the average elevation of the finished surface of
the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average elevation of
the finished grade of the ground immediately surrounding the structure exclusive of
any artificial embankment or entrenchment.
EXCAVATION OF LAND means the extraction or mining of soil, gravel, or bedrock material to
prepare a site for development or to sell for off-site use.
FILLING-IN OF LAND OR WATER means the depositing of soil, gravel, or bedrock material to
prepare a site for development.
FISHERIES FACILITY means an onshore facility located next to or in the vicinity of coastal
waters for a purpose related to commercial fishing or fish processing.
FLOOD LIABLE AREA means an area usually consisting of lowlands or adjoining the channel of
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a watercourse or estuary, which may be covered by floodwater during a 1:20 or a 1:100 year flood,
and where development may be subject to special restrictions or conditions.
*FLOOR AREA means the total area of all floors in a building measured to the outside face of
exterior walls.
FORESTRY means the general growing and harvesting of trees and, without limiting the generality
of the foregoing, shall include the cutting of fuelwood, sawlogs, Christmas trees, and other products.
*FRONTAGE means the horizontal distance between side lot lines measured at the building line, or
in the case of a lot on the turning circle of a cul de sac, the horizontal distance measured at the
building line.
FRONTYARD means the distance between the "building line" as defined in these regulations and
the front street line of a lot.
FUTURE STREET means a portion of land delineated on a development plan as a "Future Street",
which is to be used as a street at some date in the future and which the title of the land will be vested
with Council upon the completion of the development.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GARDEN CENTRE means the use of land, buildings, or structures or part thereof for the purpose
of buying or selling plants and garden equipment, furnishings, and supplies.
GENERAL ASSEMBLY means land or buildings used as gathering places for substantial numbers
of people and, without limiting the generality of the foregoing, includes auditoriums, convention
centres, public and private halls, gymnasiums, bowling alleys, and similar gathering places.
GENERAL GARAGE means land or buildings used exclusively for repair, maintenance and
storage of motor vehicles and may include the sale of gasoline or diesel oil.
GENERAL INDUSTRY means the use of land or buildings to store, assemble, alter, repair,
manufacture, fabricate, pack, can, prepare, break up, demolish, or treat any article, commodity or
substance. "Industry" shall be construed accordingly.
GENERAL SERVICE means an outlet for servicing, repairing, installing, or renting things and
Town of Gambo
SCHEDULE A
Development Regulations 2014-2024 DEFINTIONS
______________________________________________________________________________
Schedule A - Page 37
equipment, without limiting the generality of the foregoing, includes the following examples:
(a) radio, television, and computer service and repair shops
(b) locksmith shops
(c) small appliance service or repair shops
(d) household and carpenter tool service or repair shops
(e) tools and equipment rental shops;
GRADE - See "ESTABLISHED GRADE".
GREENHOUSE means a building whose roof and sides are made largely of glass or other
transparent or translucent material for the cultivation of plants for subsequent sale, transplanting, or
personal use.
GROUP HOME means a dwelling accommodating up to but no more than six (6) persons exclusive
of staff in a home-like setting. Subject to the size limitation, this definition includes, but is not
limited to, facilities referred to as "group care homes", "halfway houses", and "foster homes".
HABITAT means an area where plants, animals, and other organisms live, and find adequate
amounts of food, water, shelter, and space needed to sustain their populations. Specific habitats of
concern may include areas where species (i.e. geese, ducks, salmon) concentrate at a vulnerable point
in their life cycle or annual migration.
HABITAT MANAGEMENT UNIT means an area designated in the Gambo Habitat Conservation
Plan (2010) for special measures to conserve and enhance wetland and waterfowl habitat. These
Management Units are identified on the Gambo Land Use Zoning maps.
HAZARD LAND means land that poses a hazard or constraint to development such as wetlands,
organic soils, steep slopes, flood plains, contaminated soils, and exposed bedrock.
HAZARDOUS USE means the use of land or buildings for any purpose that constitutes a special
hazard by reason of fire, explosion, radiation, pollution, noxiousness, risk to human health, or other
hazard.
HEIGHT - See "BUILDING HEIGHT".
HOME OCCUPATION means a secondary use of a dwelling by at least one of the residents of the
dwelling to conduct a gainful occupation or business activity.
Town of Gambo
SCHEDULE A
Development Regulations 2014-2024 DEFINTIONS
______________________________________________________________________________
Schedule A - Page 38
HOTEL means a commercial establishment that consists of a building with three or more attached
sleeping units grouped under one roof designed to accommodate the traveling public, which may or
may not have restaurant, retail, and personal services.
INDOOR ASSEMBLY means land or a building used as a gathering place for sports-related
recreational activities and, without limiting the generality of the foregoing, includes arenas,
armoires, ice rinks, and indoor swimming pools.
INDOOR MARKET means the use of a building for the display and sale of goods and produce by a
number of retail enterprises.
INFILL DEVELOPMENT means development or redevelopment occurring on an infill lot.
INFILL LOT means a vacant lot that remains, or is subdivided from another lot, following
completion of the initial development of an area.
INSPECTOR means any person appointed and engaged as an Inspector by Council or by any federal
or provincial authority or the agent thereof.
KENNEL means any land, building, or structure where five (5) or more dogs or cats over the age of
six months are boarded, bred, trained, cared for, and may include the business of pet grooming, but
does not include a veterinary clinic.
LAND includes land covered by water, and buildings and structures on, over, or under the soil and
fixtures that form part of these buildings and structures.
LIGHT INDUSTRY means the use of any land or buildings for any general industrial use that can
be carried out without hazard or intrusion and without detriment to the amenity of the surrounding
area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
LIVESTOCK means any species of poultry, cattle, sheep, swine, goats, llamas, horses, or other
animals that are normally kept and raised on farms and used or intended for use as food or food
related purposes, for riding (e.g. horses), or for improving animal nutrition, breeding or management
for profit, personal use, or otherwise, and does not include a domestic animal as defined in these
regulations.
LIVESTOCK AGRICULTURE - See "AGRICULTURE, LIVESTOCK".
Town of Gambo
SCHEDULE A
Development Regulations 2014-2024 DEFINTIONS
______________________________________________________________________________
Schedule A - Page 39
LIVESTOCK FACILITY means a building or confined area used or intended to be used to house
or confine livestock, and includes a structure or area used or intended to be used to store manure.
LOCAL STREET means a street designed primarily to provide access to adjoining land and which
is not designated as a collector street or arterial street in the Municipal Plan or on the Zoning Map.
*LOT means a plot, tract or parcel of land, which can be considered as a unit of land for a particular
use or building.
*LOT AREA means the total horizontal area within the lines of the lot.
LOT, CORNER means a lot having two or more sides fronting onto two or more adjacent streets.
*LOT COVERAGE means the combined area of all buildings on the lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total area of the lot.
LOT LINE means a common boundary between a lot and an abutting lot or street.
MAIN BUILDING means the building or buildings in which the primary use(s) of a lot on which
the building is located is conducted.
MAIN USE (S) means the primary purpose(s) for which a building, other structure or lot is
designed, arranged, or intended, or for which a lot may be used under this regulation.
MARINA means a dock or basin together with associated facilities where slips, moorings, supplies,
repairs, storage, sales, rentals, refuelling, and other services that are typically available for boats and
other watercraft, and may include a club house and catering facilities. It can also include an
associated boathouse or shed.
MARINE FACILITY means a wharf or onshore facility located in the vicinity of coastal waters for
a purpose related to marine transportation, boat repair, refuelling, and other marine services.
MEDICAL SERVICE means a building or part thereof, used exclusively by physicians, dentists or
other health professionals, their staff, and patients for consultation, diagnosis, and office treatment of
humans. Without limiting the generality of the foregoing, a medical clinic may include
administrative offices, waiting rooms, examination rooms, treatment rooms, laboratories,
pharmacies, and dispensaries directly associated with the clinic, but shall not include accommodation
for in-patient care or operating rooms.
Town of Gambo
SCHEDULE A
Development Regulations 2014-2024 DEFINTIONS
______________________________________________________________________________
Schedule A - Page 40
MINERAL EXPLORATION means the searching for minerals or mineral occurrences, including
oil exploration, wherein, for the purposes of these Regulations, it takes the form of a development
that involves appreciable soil disturbance, uses equipment other than hand tools, or involves the
construction of roads to access the exploration site.
MINERAL WORKING means the use of land for the surface extraction, processing, crushing, and
stockpiling of sand, gravel, clay, shale, bedrock, or other aggregates, and may include washing and
blasting where permitted under Provincial regulation, along with associated buildings and machinery.
MINI-HOME means a prefabricated single dwelling unit that complies with the National Building
Code, is designed to be used with or without a permanent foundation, has a width of less than six (6)
metres throughout its entire length exclusive of steps or porches, is not fitted with facilities for
towing or to which towing apparatus can be attached, and is capable of being transported by means
of a single trailer from the site of its construction without significant alteration.
MINISTER means the Minister of Municipal and Intergovernmental Affairs responsible for the
Urban and Rural Planning Act.
MINOR WATERCOURSE means a watercourse that flows for only a part of the year, such as
during snowmelt, spring runoff, rainstorms, and wet periods.
MOTEL means an establishment that serves the travelling public, which consists of one or more
buildings containing four or more attached accommodation units, which may or may not have
restaurant, retail, and personal services.
*NON-CONFORMING USE means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located.
NOXIOUS USE means a use of land or a building which, from its nature or operation, creates a
nuisance, or is liable to become a nuisance that is offensive or dangerous by reason of noise,
vibration, or emission of gas, fumes, dust, or objectionable odour.
NURSING HOME means a residence licensed under Provincial legislation, in which the proprietor
supplies lodging and meals and, if required, nursing, medical, or similar care and treatment, and
without limiting the generality of the foregoing, may include a rest home, personal care home, or any
similar provincially licensed establishment.
Town of Gambo
SCHEDULE A
Development Regulations 2014-2024 DEFINTIONS
______________________________________________________________________________
Schedule A - Page 41
OFFICE means a use providing for administrative, governmental, professional services and
general office functions, and includes accounting, bookkeeping, advertising, architectural,
engineering, planning and design, surveying, legal services, counseling, data processing,
telephone services, social services, public relations, consulting, realty offices and similar uses.
OPEN SPACE means land set aside to preserve natural areas or to develop passive recreational
uses. Open space may include woodlands, fields, walking trails, and passive recreational uses, but
shall not include structures such as buildings, tennis courts, parking lots, or other impervious land
uses.
OUTDOOR ASSEMBLY means land or buildings used as a gathering place for substantial
numbers of people and, without limiting the generality of the foregoing, includes bleachers, grand
stands, outdoor ice rinks and swimming pools, amusement parks and fair grounds, exhibition
grounds, drive-in theatres, and similar gathering places.
*OWNER means a person or an organization of persons owning or having the legal right to use the
land under consideration.
PASSIVE RECREATIONAL USE means a recreation activity that generally does not require a
developed site, and includes such uses as walking, bicycling, and skiing trails, but does not include
sports fields, structures, or facilities to accommodate any type of motorized vehicle.
PERMANENT STRUCTURE means a building or part thereof or any built structure, which
includes a foundation or permanent base of earth, rock, concrete or other materials.
*PERMITTED USE means a use that is listed within the permitted use classes set out in the use
zone tables of Council's development regulations.
PERSONAL CARE HOME - See "NURSING HOME".
PERSONAL SERVICE means a service oriented to the personal needs of persons, and without
limiting the generality of the foregoing, includes hairdressing shops, beauty salons, gyms, computer
service shops, hobby shops, and photo studios.
PUBLIC BUILDING means a building that can be used for a public or non-profit purpose and
without limiting the generality of the foregoing, may include such a building such as a school, place
of worship, municipal facility, community centre, hospital, town hall, and government office.
Town of Gambo
SCHEDULE A
Development Regulations 2014-2024 DEFINTIONS
______________________________________________________________________________
Schedule A - Page 42
PUBLIC RIGHT-OF-WAY means a route across privately or publicly owned land that may be
followed, but not deviated from, by members of the public.
PUBLIC STREET - see "STREET".
*REARYARD means the distance between the rear lot line and the rear wall of the main building on
the lot.
RECREATIONAL DWELLING means a non-commercial single dwelling that is intended for
recreational use, is not inhabited as a permanent dwelling, and is not located on a public street
maintained by Council or the Province.
RECREATIONAL FACILITY means a building used for indoor sports activities and/or public
assembly events.
RECREATIONAL OPEN SPACE means a recreational use conducted outdoors that may be
designed and equipped for the conduct of sports and/or leisure activities, and may include a multi-use
trail, nature interpretation centre, park, playground, outdoor skating rink, racing track, playing field,
or similar use.
RECYCLING FACILITY means land or a building used to deposit, store, separate, clean, or
redistribute discarded materials such as drink containers, paper, glass, plastic, and cardboard.
RESIDENTIAL CARE HOME means an accommodation facility or home providing for the care
of aged, sick, injured, or special needs persons, other than in a public hospital, and may include a
personal care home, nursing home, rest home, seniors home or group home.
RESTAURANT means a building or part thereof, used or occupied for the purpose of serving the
general public with meals or refreshments for consumption on the premises.
SENSITIVE AREA means an area that is easily disrupted by human activity, and may include steep
slopes, cliffs, watercourses, wetlands, riparian areas, springs, coastal features, wet and unstable soils,
unstable geology, and vulnerable or threatened flora or fauna.
SERVICE STATION means any land or building used for the sale of petroleum products,
automotive parts and accessories, minor repairs, washing and polishing of motor vehicles.
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 selling or offering for sale
Town of Gambo
SCHEDULE A
Development Regulations 2014-2024 DEFINTIONS
______________________________________________________________________________
Schedule A - Page 43
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.
*SIDEYARD SETBACK means the distance between the side lot line and the nearest sidewall of a
building on the lot.
*SIGN means a word, letter, model, placard, board, device or representation whether illuminated or
not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement
or direction and excludes those things employed wholly as a memorial, advertisements of local
government, utilities and boarding or similar structures used for the display of advertisements.
SINGLE DWELLING means a free standing dwelling, which is separate and detached from other
main buildings and consists of a constructed, prefabricated, or manufactured dwelling unit, but does
not include a mini-home or a mobile home.
SLOPE means the rate of vertical change of the surface of the ground expressed as a percentage and
determined by dividing the change in vertical distance by the change in horizontal distance.
SOD FARM means the use of land for the cultivation and harvesting of lawn grass, along with the
soil that supports it, for commercial sale.
STEWARSHIP ZONE means all lands and waters in the Planning Area that incorporate wetland
and waterfowl habitat, and where the Town of Gambo has taken stewardship responsibility to ensure
that the effects of development and human activities on wetlands will be minimized.
*STREET means a street, road or highway or other way designed for the passage of vehicles and
pedestrians with the following characteristics:
(i)
it is designed for the passage of fire department and other emergency vehicles,
(ii)
it includes related infrastructure, for example, the roadway itself, side ditches, culverts, and
bridges, and
(iii)
its maintenance is the responsibility of Council or the Provincial Department of
Transportation and Works.
*STREET LINE means the edge of a street reservation as defined by Council.
STRUCTURE means anything constructed or erected with a fixed location on or below the ground,
or attached to something having a fixed location on the ground, and includes buildings, walls, fences,
signs, billboards, utility poles, and similar items.
Town of Gambo
SCHEDULE A
Development Regulations 2014-2024 DEFINTIONS
______________________________________________________________________________
Schedule A - Page 44
SUBDIVISION means the dividing of any land, whether in single or joint ownership, into two or
more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary to
a self-contained dwelling.
SURFACE WATER means any flowing or standing water on the surface of the earth.
SUSTAINABLE DEVELOPMENT means development that meets the needs of the present
without compromising the ability of future generations to meet their own needs, and applies to the
environmental, economic, social, cultural, and local governance aspects of the community.
TAKE-OUT FOOD SERVICE means a building, trailer, or vehicle in which the primary purpose is
the preparation and sale of meals or refreshments for consumption off the premises.
TOURIST COTTAGE ESTABLISHMENT means an area of land, managed as a unit, consisting
of three or more self-contained accommodations units used for short-term stays, and where accessory
uses could include an administrative office, clubhouse, snack bar, convenience store, swimming
pool, and recreational facilities.
TOWNHOUSE DWELLING means a dwelling containing more than two dwelling units at ground
level in one building, each unit separated vertically from the others and with individual entrances
directly from the outside.
TRAILER means any vehicle used for sleeping accommodation on a temporary basis and so
constructed as to be suitable for being attached to and drawn by a motor vehicle, and not used as a
full time residence.
TRANSPORTATION means any transportation infrastructure or service such as streets, bridges,
airfields, bus terminals, marine structures, and associated buildings.
*USE means a building or activity situated on a lot or a development permitted on a lot.
*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.
Town of Gambo
SCHEDULE A
Development Regulations 2014-2024 DEFINTIONS
______________________________________________________________________________
Schedule A - Page 45
UTILITY means a utility provided by any agency, which provides the public with electricity, heat,
steam, communications, water, sewage, garbage collection, or other similar service.
*VARIANCE means a departure, to a maximum of 10 percent unless otherwise stipulated in these
regulations, from the yard area, lot coverage, setback, size, height, frontage or any other numeric
requirement of the applicable Use Zone Table of Council's regulations.
VETERINARY means an establishment used by veterinarians, or practitioners in related specialties,
for practicing veterinary medicine, where animals are admitted for examination or treatment, and
where limited laboratory and other diagnostic services may be offered, but excludes a kennel.
WATER UTILITY means any infrastructure or facility used for water supply management,
operations, and protection such as intake pipes and filters, treatment plants, and pipelines.
WATERCOURSE means the full width and length, including the bed, banks, side and shoreline, or
any part, of a river, stream, spring, brook, lake, pond, reservoir, estuary, or other natural or artificial
freshwater channel open to the atmosphere, the primary function of which is the conveyance or
containment of water, whether the flow is continuous or not.
WATERSHED means the surface area contained within a topographical divide above a specified
point on a river, brook, stream, or other flowing body of water.
WETLAND means a land whose soil is saturated with moisture either permanently or seasonally.
Wetlands include swamps, marshes, bogs, fens, and shallow water, among others. The water found
in wetlands can be saltwater, freshwater, or brackish.
ZONE - See "USE ZONE"
*ZONING MAP means the map or maps attached to and forming part of the Regulations.
Town of Gambo
SCHEDULE B
Development Regulations 2014-2024 CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 1
Town of Gambo
Development Regulations 2014-24
Schedule B - Classification of Uses
of Land and Buildings
Town of Gambo
SCHEDULE B
Development Regulations 2014-2024 CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 2
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
This Classification is intended to assist in the interpretation of types of uses within the use classes
listed in the Use Zone Tables in Schedule C of these Regulations. Examples included in the
following tables are not exhaustive. They are used to illustrate typical types of developments within a
use class.
GROUP
CLASS
EXAMPLES
RESIDENTIAL USES
Single Dwelling
Single detached dwellings
Double Dwelling
Semi-detached dwellings, duplex dwellings
Multiple-Unit
Dwelling
Row houses, townhouses, triplexes, quadplexes
Apartment Building
Apartment buildings
Collective Residential
Educational residences, nurse and hospital
residences, etc.
Subsidiary Apartment
Basement apartments, in-law suites
Boarding House
Boarding houses
Bed and Breakfast
Bed and breakfast
Mini-home
Mini-homes
Residential Care
Seniors housing, personal care homes, nursing
homes, group homes
Recreational
Dwelling
Cabins, cottages
Home Occupation
Home occupations
Accessory Building
Sheds, garages
Town of Gambo
SCHEDULE B
Development Regulations 2014-2024 CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 3
GROUP
CLASS
EXAMPLES
COMMERCIAL
USES
Medical Service
Clinics, medical offices, dental offices
Office
Professional offices, law offices, business
offices, banks, government offices
Personal Service
Barbers, beauty parlours, pet grooming, gyms,
computer service shops, hobby shops, and photo
studios.
General Service
Car washes, laundromats, small tool and
appliance services and rentals,
Commercial Outdoor
Recreation
Golf course, kayaking/canoeing tours, outdoor
theatre, motocross track, shooting range
Commercial
Accommodation
Hotels, motels, inns, tourist cottages
Tourist Cottage
Establishment
Tourist cottages and associated facilities (e.g.
laundromat, swimming pool, canteen)
Campground
Campgrounds, trailer parks, RV parks
Shopping Centre
Shopping centres, strip malls, department stores
Shop
Retail shops, showrooms, supermarkets,
convenience stores, gift shops, specialty shops
Indoor Market
Farmer markets, exhibition halls, flea markets
Outdoor Market
Fish markets, market grounds, flea markets,
produce stands, outdoor farmer markets
Drinking Establishment
Bars, pubs, nightclubs, lounges
Garden Centre
Greenhouses, nurseries
Vehicle Sales and
Services
Automobile dealerships, recreational vehicle
dealerships, heavy equipment dealerships
Catering
Restaurants, coffee shops, bake shops
Take-out Food Service
Take-out restaurant, food stand, mobile canteen
Entertainment
Games arcades, poolrooms, bowling alleys,
youth centres, movie theatres, theatres
Kennels
Kennels
Veterinary
Veterinary clinics
Town of Gambo
SCHEDULE B
Development Regulations 2014-2024 CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 4
Funeral Home
Funeral homes and chapels
GROUP
CLASS
EXAMPLES
INSTITUTIONAL
AND
PUBLIC USES
Penal and Correctional
Detention
Jails, prisons, reformatories, group homes
Medical Treatment and
Special Care
Medical care homes, personal care homes,
nursing homes, hospitals, medical clinics
Emergency Service
Police stations, fire stations, ambulance service
Childcare
Daycare centres, home child care services, early
childhood education services
Club and lodge
Service club, private club, lodge (non-
residential)
Cultural and Civic
Art galleries, municipal offices, libraries,
museums, interpretive centres, studios
Educational
Schools, colleges
Place of Worship
Churches and similar places of worship, church
halls
Cemetery
Cemeteries
General Assembly
Community halls, lodge halls, dance halls,
exhibition halls, gymnasia, auditoria
Indoor Assembly
Recreation centres, arenas, ice rinks, indoor
swimming pools, armouries, fitness clubs,
bowling alleys
Outdoor Assembly
Bleachers, grandstands, outdoor ice rinks,
outdoor swimming pools, amusement parks,
fairgrounds, exhibition grounds, drive-in
theatres
Residential Care
Seniors housing, personal care homes, nursing
homes, group homes
Town of Gambo
SCHEDULE B
Development Regulations 2014-2024 CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 5
GROUP
CLASS
EXAMPLES
NATURAL
RESOURCE USES
Crop Agriculture
Vegetable and hay farms, hobby farms, market
gardens, community gardens, nurseries,
greenhouses
Livestock Agriculture
Livestock barn, dairy farm, grazing land
Forestry
Forest harvesting, silviculture, forest access
roads
Mineral Working
Pits, quarries, washing plants, screening plants,
crushers
Mineral Exploration
Mineral exploration and associated activities
(e.g. access roads, rock drilling)
Mining
Mineral extraction, ore stockpiles, mineral
processing plants
GROUP
CLASS
EXAMPLES
INDUSTRIAL USES
Hazardous Industry
Bulk storage of hazardous liquids and
substances, chemical plants, distilleries
feed mills, spray painting shop
General Industry
Factories, cold storage plants, bulk storage
facility, freight depots, warehouses,
workshops, planing mills, contractors yards
Service Station
Gasoline service stations, gas bars
Light Industry
Workshops, light industry, indoor storage
centres, warehouses, greenhouses, recycling
depots, general garages
Salvage Yard
Car wrecking yards, junk yards, salvage
yards, scrap dealers
Marine Facility
Slipways, boathouses. marinas, commercial
wharves, refuelling facilities, dry docks
Fisheries Facility
Fish plants and associated facilities
Town of Gambo
SCHEDULE B
Development Regulations 2014-2024 CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 6
GROUP
CLASS
EXAMPLES
CONSERVATION
AND
OPEN SPACE USES
Conservation
Buffer strips, watersheds, protected sensitive
areas (e.g. steep slopes, wetlands, wildlife
habitat)
Open Space
Parks, trails, boardwalks, protected green areas,
picnic areas
Recreational Open
Space
Sports fields, running tracks, playgrounds,
outdoor skating rinks, golf courses, dog parks,
trails
GROUP
CLASS
EXAMPLES
TRANSPORTATION
AND
UTILITY USES
Transportation
Roads, bridges, airfields, bus stations, air
terminals, marine facilities and structures
Marina
Marinas, docks, moorings, slips, boat refuelling
depots
Communications
Communications towers, telephone exchanges,
transmitting and receiving masts and antenna
Dock
Recreational docks and slipways
Energy Generation
Facility
Wind generators, solar generators, small hydro
generators, heating plants
Water Utility
Water intakes, treatment facilities, pipelines
Town of Gambo
Development Regulations 2014-24
Schedule C - Use Zone Tables
Town of Gambo
Development Regulations 2014-2024
SCHEDULE C ENVIRONMENTAL PROTECTION (EP) ZONE
____________________________________________________________________
Schedule C - Page 1
SCHEDULE C
USE ZONE SCHEDULES
Schedule C contains tables showing the use classes which may be permitted or which may be treated
as discretionary use classes for the purpose of these Regulations. The tables also indicate the
required standards of development and conditions affecting some or all of the use classes.
Before issuing an Approval in Principle or a permit for a development, Council shall review the
application to ensure that it is in compliance with:
Application
Part I - General Regulations
Part II - General Development Standards
Part III - Subdivision of Land
Part IV - Use Zones
Schedule A - Definitions
Schedule B - Classification of Uses of Land and Buildings
Schedule C - Use Zone Schedules
Schedule D - Off-Street Parking Requirements
Schedule E - Ministerial Development Regulations
.
Schedule C contains tables for the following Use Zones:
ZONE
SYMBOL
PAGE
Environmental Protection
EP
1
Protected Watershed
PW
3
Residential
R
5
Residential Seasonal
RS
11
Mixed Development
MD
13
Village Green
VG
21
Public Use
PU
25
Commercial-Light Industrial
CLI
27
Open Space
OS
31
Municipal Park
MP
32
Rural
RU
34
ZONE TITLE
ENVIRONMENTAL PROTECTION
"EP"
PERMITTED USE CLASSES
(See Regulation 87)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 98)
Town of Gambo
Development Regulations 2014-2024
SCHEDULE C ENVIRONMENTAL PROTECTION (EP) ZONE
____________________________________________________________________
Schedule C - Page 2
Conservation
Open space
Dock (See Condition 3)
Marina (See Condition 4)
Marine facility (See Condition 4)
Single dwelling (See Condition 5)
Slipway (See Condition 3)
Transportation
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be complementary to the uses within the Permitted Use
Classes, compatible with surrounding development, and not contrary to the general intent of
the Municipal Plan and Development Regulations.
2.
Development Adjacent to a Wetland or Watercourse
Portions of a lot located within the EP zone that abut a wetland or a watercourse will be
subject to the following:
(a)
No building or structure will be permitted, except for:
(i)
reconstruction of an existing building or structure that was in existence on the
registration date of this Municipal Plan
(ii)
an accessory building or structure to (i) above, and
(iii)
a single dwelling that meets the conditions set out in Paragraph 3 below
(b)
Grubbing or excavation of soil, placing of landfill material, or other altering of the
landscape will be limited to a maximum of ten percent (10%) of the area of the lot
located within the EP zone.
3.
Docks and Slipways
A dock or slipway may be permitted on Freshwater Bay and inland lakes and ponds at
Council's discretion if it is deemed by Council to be environmentally acceptable, compatible
with surrounding development, and not an impediment to public access along the shoreline.
Approval to install a dock or slipway will be subject to terms and conditions set by Council.
Town of Gambo
Development Regulations 2014-2024
SCHEDULE C ENVIRONMENTAL PROTECTION (EP) ZONE
____________________________________________________________________
Schedule C - Page 3
4.
Marine Facilities and Marinas
At its discretion, Council may permit a marine facility or marina in a saltwater coastal area if
the proposed location, size and use of the facility are deemed by Council to be
environmentally acceptable, compatible with surrounding development, and not an
impediment to public access along the shoreline.
Approval to erect a marine facility will be subject to terms and conditions set by Council.
5.
Single Dwellings
At its discretion, Council may permit a single dwelling within the Environmental Protection
zone only under the following conditions:
(a)
The lot on which the proposed dwelling is to be erected was in existence on the date
that these Development Regulations came into effect,
(b)
There is no opportunity on the lot to erect the dwelling outside the Environmental
Protection zone,
(c)
The proposed dwelling and associated structures will not obstruct public access to or
along the shoreline,
(d)
The lot meets all requirements outlined in these Regulations for street frontage and
access,
(e)
Necessary approvals have been obtained from relevant government agencies, and
(f)
The erection of the dwelling, as well as associated site clearing and landscaping,
meets all terms and conditions set by Council aimed at preventing or mitigating
potential environmental impacts including the release of untreated sewage into inland
or coastal waters.
(g)
Notwithstanding the foregoing conditions, Council will not permit a single dwelling
in any portion of the EP zone that overlaps with a Flood Liable Area as shown on
Zoning Map 2.
6.
Environmental Control
(1)
All approved developments and utilities must be designed and constructed in
accordance with high environmental standards as specified in terms and conditions
established by Council.
(2)
Where it deems necessary, Council may require a proposed discretionary use to
undergo an appropriate assessment to ensure that the development will be undertaken
in a way that minimizes potential environmental effects.
(3)
If Council deems that a proposed development within a Habitat Management Unit
(See Regulation 65) may impact wetland or waterfowl habitat, it will refer the
application to the Wildlife Division for comments before considering approval.
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ZONE TITLE
PROTECTED WATERSHED
"PW"
PERMITTED USE CLASSES
(See Regulation 97)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 98)
Conservation
Forestry (See Condition 2)
Mineral exploration (See Conditions 2 and 4)
Open space
Transportation
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be complementary to the uses within the Permitted Use
Classes, compatible with surrounding development, and not contrary to the general intent of
the Municipal Plan and Development Regulations.
Development that is permitted at the discretion of Council will be subject to terms and
conditions to ensure there will be no adverse impact on the drinking water supply.
2.
Buffer Zones
Other than a development related to conservation and water supply management or
protection, no forest harvesting, mineral exploration, or transportation use will be permitted
in the vicinity of a watercourse except in accordance with the following minimum buffers
from the top of the bank of a watercourse.
Watercourse
Minimum Width of Buffer Zones
Intake pond
150 metres
Major tributaries, lakes or ponds
50 metres
3.
Referral to Department of Environment and Conservation
All proposals for development within the Protected Watershed zone will be referred to the
Water Resources Division of the Department Of Environment and Conservation. No
development will proceed until comments have been received from the Division.
4.
Mineral Exploration
At its discretion, Council may permit a mineral exploration use, subject to Regulation 51 of
the General Development Standards.
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5.
Transportation
At its discretion, Council may permit transportation developments, for example, road
crossings of streams, bridges, culverts, and stormwater drains, but only if alternative
locations are not possible, Council considers the proposed development to be in the public
interest, and the proposal has been approved by the Water Resources Division of the
Department of Environment and Conservation.
ZONE TITLE
RESIDENTIAL
"R"
PERMITTED USE CLASSES
(See Regulation 97)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 98)
Single dwelling
Subsidiary apartment (See Condition 10)
Accessory building (See Condition 11)
Conservation
Crop agriculture (See Condition 12)
Home occupation (See Condition 7)
Open space
Apartment building (See Condition 3)
Double dwelling (See Condition 3)
Mini-home
Townhouse (See Condition 3)
Residential care (See Condition 4)
Boarding house
Bed and breakfast (See Condition 8)
Childcare (See Condition 9)
Communications
Emergency service
Energy generation facility (See Condition 15)
Kennel (See Condition 14)
Livestock agriculture (See Condition 13)
Recreational open space
Transportation
STANDARDS
Single
Dwelling
Double
Dwelling
(per unit)
Mini-Home
Fully Serviced Areas (municipal water plus municipal sewer)
Minimum lot area
350 m²
270 m²
350 m²
Minimum lot width (frontage)
13.0 m
9.0 m
9.0 m
Semi Serviced Areas (one of municipal water or municipal sewer)
Minimum lot area
1400 m²
Not Permitted
1400 m²
Minimum lot width (frontage)
26.0 m
26.0 m
Unserviced Areas (onsite water and sewer services only)
Minimum lot area
2600 m²
Not Permitted
2600 m²
Minimum lot width (frontage)
30.0 m
30.0 m
All Areas
Minimum floor area (excl. basement)
65.0 m²
65.0 m²
65.0 m²
Minimum frontyard setback
6.0 m
6.0 m
6.0 m
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Minimum sideyard setback (each side)
2.5 m + 1.0 m
2.5 m
2.5 m + 1.0 m
Minimum rearyard setback
6.0 m
6.0 m
6.0 m
Minimum distance from another building
3.0 m
3.0 m
3.0 m
Maximum lot coverage - all buildings
35%
35%
35%
DEVELOPMENT STANDARDS (continued)
Townhouse
(per unit)
Apartment Building
(per unit)
Fully Serviced Areas (municipal water plus municipal sewer)
STANDARDS
End
Unit
Interior
Unit
1
Bedroom
2
Bedroom
3
Bedroom
Minimum lot area
270 m²
180 m²
120 m²
150 m²
170 m²
Minimum lot width (frontage)
8.0 m
6.0 m
6.0 m per groundfloor unit
Minimum floor area
65.0
m²
65.0 m²
40.0 m²
50.0 m²
60.0 m²
Minimum frontyard setback
6.0 m
8.0 m
Minimum sideyard
2.0 m
n/a
4.0 m + 1.2 m
Minimum rearyard
6.0 m
6.0 m
Minimum distance between buildings
3.0 m
3.0 m
Maximum lot coverage - all buildings
40%
40%
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be complementary to the uses within the Permitted Use
Classes, compatible with surrounding development, and not contrary to the general intent of
the Municipal Plan and Development Regulations.
2.
Building Development Controls in Floodplains
See Regulation 66, Part II - General Development Standards.
3.
Apartment Buildings, Double Dwellings, and Townhouses
Apartment buildings, double dwellings, and townhouses will not be permitted in areas that
are not serviced by municipal water and sewer.
4.
Residential Care Homes
A residential care home will be subject to the following:
(a)
It will not be permitted in an area that is not serviced with municipal water and
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sewer.
(b)
It will meet the minimum development standards established for a single dwelling or
such higher standards as Council may require,
(c)
It will be designed and maintained to a high standard with regard to safety,
appearance, and compatibility with surrounding land uses.
(d)
It will provide for adequate off-street parking so as to not result in traffic or parking
problems.
(e)
It will be subject to such other conditions that are deemed necessary by Council, and
(f)
No change in the type or scale of the use will be permitted except in accordance with
a development permit and conditions set by Council.
5.
Onsite Services
(1)
An application for a single dwelling or mini-home in an area without municipal water
and sewer services will be approved only if it has on the same lot a private well and
sewage treatment system that has received the necessary provincial approvals.
(2)
Council will not approve any new lot, dwelling, or other building where it is
proposed to share onsite water or sewage services between developments on separate
lots.
6.
Backlot Development
At its discretion, Council may permit a residential backlot to be created to the rear of an
existing lot if it deems that the location is suitable, that the backlot will be compatible with
neighbouring properties, that access to the street will be safe, and that the backlot will not
prejudice the development of adjoining land.
To be approved by Council, a residential backlot must meet the following conditions:
(a)
No more that one dwelling will be permitted on a single access.
(b)
The main portion of the lot (excluding the access portion) must meet all development
standards specified in the Use Zone table, including:
(i)
Minimum lot area,
(ii)
Minimum lot width (measured at the front building line),
(iii) Minimum frontyard setback (measured from the rear property line of the
abutting property toward the street),
(iv) Minimum side yards, and
(v)
Minimum rear yard.
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(c)
The building line setback from the street will not be less than 30 metres.
(d)
The access portion of the lot will have a minimum width of 7.0 metres at the
streetline and along its entire length. Council may require a wider access if it deems
that this is necessary for proper design, emergency vehicle access, and public safety.
7.
Home Occupations
See Regulation 37, Part II - General Development Standards.
8.
Bed and Breakfast
See Regulation 39, Part II - General Development Standards.
9.
Childcare
See Regulation 38, Part II - General Development Standards.
10.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling. A subsidiary
apartment will not be permitted in a double dwelling, mini-home, or townhouse.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
11.
Accessory Buildings on Residential Lots
In addition to the requirements for accessory buildings set out in Regulation 36 of the
General Development Standards, an accessory building on a residential lot will be subject to
the following standards and conditions:
(a)
The combined lot coverage of all accessory buildings on a lot will be no more than 10
percent of the area of the lot.
(b)
The maximum floor area of an accessory building will be in accordance with the
following table.
Maximum Size of Accessory Buildings
Lot Size
Maximum Floor Area
Up to 1000 m²
65 m²
1001-2000 m²
95 m²
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Over 2000 m²
125 m²
(c)
No accessory building will be erected closer to the street than the front building line
unless otherwise authorized at Council's discretion in accordance with Regulation
36.
(d)
No accessory building will be closer than 1.0 metre from a side or rear lot line.
(e)
No accessory building will be closer than 3.0 metres from another building.
(f)
Except for minor vehicle maintenance, no accessory building will be used for the
repairing, painting, dismantling, or scrapping of vehicles or machinery.
(g)
An accessory building may be used for a home occupation subject to Regulation 37
of the General Development Standards.
(h)
No self-contained apartment or other self-contained living unit will be permitted in
an accessory building.
12.
Crop Agriculture
Crop agriculture may include hobby and small-scale commercial farming.
13.
Livestock Agriculture
(1)
At its discretion, Council may permit the keeping of livestock, including horses, after
giving public notice and considering comments received, particularly from
neighbours.
(2)
A livestock use, if permitted as a Discretionary Use, will be subject to the following:
(a) No livestock will be permitted on a lot less than 0.4 hectares in size.
(b)
The permitted quantity of livestock on a lot and the minimum setback of a
livestock facility on a lot will be in accordance with the following table.
Conditions for Keeping of Livestock in the Residential Zone
Lot Size
Maximum Animal Units (AU)
(see AU definition in Schedule A)
Minimum Setback of
Livestock Facilities from
All Lot Lines
0.4 - 1.0 hectare
1 AU of rabbits, ducks, chickens,
turkeys, or geese
18 metres
>1.0 - 2.0 hectares
2 AU of all species.
30 metres
>2.0 - 3.0 hectares
4 AU of all species
50 metres
>3.0 hectares
6 AU of all species
50 metres
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(c)
Such other terms and conditions deemed necessary by Council to minimize
potential impacts on neighbouring land uses.
14.
Kennels
At its discretion, Council may permit a kennel, subject to the following:
(a)
It will be permitted only as a home occupation
(b)
It will be permitted only on a lot of 0.4 hectares or more, and
(c)
Such other terms and conditions of Council aimed at restricting the number and
breeds of dogs or cats on the premises and minimizing potential noise, odour, and
other impacts on neighbouring land uses.
15.
Energy Generation Facilities
An energy generation facility, if permitted at Council's discretion, will be subject to
Regulation 58 of the General Development Standards.
16.
Signs
See Regulation 75, Part III - Signs.
ZONE TITLE:
RESIDENTIAL SEASONAL
(SR)
PERMITTED USE CLASSES
(See Regulation 97)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 98)
Recreational dwelling
Accessory building (See Condition 3)
Conservation
Crop agriculture
Open space
Energy generation facility (See Condition 4)
Transportation
DEVELOPMENT STANDARDS
Single Dwelling
Minimum lot area
4000 m²
Minimum lot width (frontage)
45.0 m
Minimum frontyard setback
6.0 m
Minimum sideyard setback
2.5 m
Minimum rearyard setback
4.0 m
Minimum distance between buildings
3.0 m
CONDITIONS
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1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be complementary to the uses within the Permitted Use
Classes, compatible with surrounding development, and not contrary to the general intent of
the Municipal Plan and Development Regulations.
2.
Onsite Services
An application for a recreational dwelling will be approved only if it has on the same lot a
private well and sewage treatment system that has received necessary Provincial approvals.
3.
Accessory Buildings
An accessory building on a recreational residential lot will be subject to the following
standards and conditions:
(a)
An accessory building will have maximum lot coverage of 7 percent, a maximum
height of 6.0 metres, and a maximum floor area in accordance with the following table.
Permitted Size of Accessory Buildings
Size of Lot
Maximum Floor Area
Up to 1000 m²
65 m²
1001 m² to 2000 m²
95 m²
Over 2000 m²
125 m²
(b)
An accessory building will be no closer than 3.0 metres from another building and no
closer than 1.0 metre from any property line.
(c)
No truck, bus, semi-trailer, freight container, or other vehicle body shall be used as an
accessory building or structure.
(d)
No self-contained apartment or other type of living unit will be permitted in an
accessory building."
4.
Energy Generation Facilities
An energy generation facility, if permitted by Council, will be subject to Regulation 58 of
the General Development Standards.
5.
Exemption from Street Frontage Requirement
At Council's discretion, a recreational dwelling lot in this zone may be exempted from
Regulation 50 of Part II of these Regulations, which does not permit a building to be erected
on a lot that does not front onto a public street.
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6.
Signs
See Regulation 75, Part III - Signs.
ZONE TITLE
MIXED DEVELOPMENT
"MD"
PERMITTED USE CLASSES
(See Regulation 97)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 98)
Single dwelling
Double dwelling
Subsidiary apartment (See Condition 9)
Accessory building (See Condition 10)
Childcare (See Condition 8)
Conservation
Crop agriculture (See Condition 11)
Cultural and civic
Educational
Emergency service
General assembly
Home occupation (See Condition 6)
Indoor market
Medical service
Office
Open space
Personal service
Shop
Apartment building
Mini-home
Townhouse
Boarding house
Residential care
Bed and breakfast (See Condition 7)
Campground (See Condition 17)
Catering
Cemetery (See Condition 16)
Club and lodge
Commercial accommodation
Commercial outdoor recreation
Communications
Drinking establishment
Energy generation facility (See Condition 14)
Entertainment
Funeral home
Garden centre
General service
Indoor assembly
Kennel (See Condition 13)
Light industry
Livestock agriculture (See Condition 12)
Outdoor assembly
Outdoor market
Place of worship
Recreational open space
Service station (See Condition 18)
Shopping centre
Take-out food service
Tourist cottage establishment (See Condition 17)
Transportation
Vehicle sales and services
Veterinary
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DEVELOPMENT STANDARDS
STANDARDS
Single
Dwelling
Double
Dwelling
(per unit)
Mini-Home
Fully Serviced Areas Only (municipal water and municipal sewer)
Minimum lot area
350 m²
270 m²
350 m²
Minimum lot width (frontage)
13.0 m
9.0 m
9.0 m
Minimum floor area (excl. basement)
65 m²
65 m²
65 m²
Minimum frontyard setback
6 m
6 m
6 m
Minimum sideyard setback (2 sides)
2 m + 1 m
2 m
2 m + 1 m
Minimum rearyard setback
6 m
6 m
6 m
Minimum distance from another building
3 m
3 m
3 m
Maximum lot coverage - all buildings
35%
35%
35%
STANDARDS
Townhouse
(per unit)
Apartment Building
(per unit)
Fully Serviced Areas Only (municipal water and municipal sewer)
STANDARDS
End
Unit
Interior
Unit
1
Bedroom
2
Bedroom
3
Bedroom
Minimum lot area
270 m²
180 m²
100 m²
100 m²
100 m²
Minimum lot width (frontage)
8 m
6 m
6 m/groundfloor du
Minimum floor area
65 m²
65 m²
40 m²
50 m²
60 m²
Minimum frontyard setback
6 m
6 m
Minimum sideyard (2 sides)
2 m
n/a
1.2 m
Minimum rearyard
6 m
6 m
Minimum distance between buildings
3 m
3 m
Maximum lot coverage - all buildings
45%
45%
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be complementary to the uses within the Permitted Use
Classes, compatible with surrounding development, and not contrary to the general intent of
the Municipal Plan and Development Regulations.
2.
Building Development Controls in Floodplains
See Regulation 66, Part II - General Development Standards.
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3.
Mixing of Residential and Non-Residential Land Uses
(1)
Non-Residential Development in Residential Areas
A proposed non-residential development may be subject to conditions set by Council to
ensure it is compatible with neighbouring residential uses. Notwithstanding the Permitted
Uses listed in the Use Zone Table, where an area within the Mixed Development designation
is predominantly residential in character, a proposed non-residential use will not be approved
if it is deemed by Council to be incompatible with existing dwellings and the residential
character of the area.
(2)
Residential Development in Non-Residential Areas
A proposed non-residential development may be subject to conditions set by Council to
ensure it is compatible with neighbouring residential uses. Notwithstanding the Permitted
Uses listed in the Use Zone Table, where an area within the Mixed Development designation
is predominantly non-residential in character, a proposed residential development will not be
approved if it is deemed by Council to be incompatible with an existing non-residential use.
4.
Residential Care Homes and Non-Residential Developments
A residential care home, commercial use, or other non-residential development will be
subject to the following:
(a)
It must meet the minimum development standards established for a single dwelling or
such higher standards as Council may require,
(b)
It must be located and designed to minimize the impact of traffic, appearance, noise,
odour, lighting, and signage on surrounding residential uses.
(c)
It must be designed and maintained to a high standard with regard to safety,
appearance, and compatibility with surrounding land uses.
(d)
It must provide for adequate off-street parking so as to not result in traffic or parking
problems.
(e)
Outdoor storage associated with the use will not be permitted in the frontyard.
Storage may be permitted in side and rear yards subject to terms and conditions
aimed at reducing potential impacts on neighbouring properties.
(f)
At Council's discretion, spatial buffers and/or screening (e.g. fencing, vegetation)
may be required between the development and abutting residential uses.
(g)
It will be subject to such other conditions that are deemed necessary by Council.
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(h)
No change in the type or scale of the use will be permitted except in accordance with
a development permit and conditions set by Council.
5.
Backlot Development
At its discretion, Council may permit a residential backlot to be created to the rear of an
existing lot if it deems that the location is suitable, that the backlot will be compatible with
neighbouring properties, that access to the street will be safe, and that the backlot will not
prejudice the development of adjoining land.
To be approved by Council, a residential backlot must meet the following conditions:
(a)
No more than one dwelling will be permitted on a single access.
(b)
The main portion of the lot (excluding the access portion) must meet all development
standards specified in the Use Zone table, including:
(i)
Minimum lot area,
(ii)
Minimum lot width (measured at the front building line),
(iii) Minimum frontyard setback (measured from the rear property line of the
abutting property toward the street),
(iv) Minimum side yards, and
(v)
Minimum rear yard.
(c)
The building line setback from the street will be no less than 30 metres.
(d)
The access portion of the lot will have a minimum width of 7.0 metres at the
streetline and along its entire length. Council may require a wider access if it deems
that this is necessary for proper design, emergency vehicle access, and public safety.
6.
Home Occupations
See Regulation 37, Part II - General Development Standards
7.
Bed and Breakfast
See Regulation 39, Part II - General Development Standards
8.
Childcare
See Regulation 38, Part II - General Development Standards
9.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling or a commercial
building. A subsidiary apartment will not be permitted in a double dwelling, mini-
home, or townhouse.
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(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
10.
Accessory Buildings on Residential Lots
In addition to the requirements for accessory buildings set out in Regulation 36 of the
General Development Standards, an accessory building on a residential lot will be subject to
the following standards and conditions:
(a)
The combined lot coverage of all accessory buildings on a lot will be no more than 10
percent of the area of the lot.
(b)
The maximum floor area of an accessory building will be in accordance with the
following table.
Maximum Size of Accessory Buildings
Lot Size
Maximum Floor Area
Up to 1000 m²
65 m²
1001-2000 m²
95 m²
Over 2000 m²
125 m²
(c)
No accessory building will be erected closer to the street than the front building line
unless otherwise authorized at Council's discretion in accordance with Regulation
36.
(d)
No accessory building will be closer than 1.0 metre from a side or rear lot line.
(e)
No accessory building will be closer than 3.0 metres from another building.
(f)
Except for minor vehicle maintenance, no accessory building will be used for the
repairing, painting, dismantling, or scrapping of vehicles or machinery.
(g)
An accessory building may be used for a home occupation subject to Regulation 37
of the General Development Standards.
(h)
No self-contained apartment or other self-contained living unit will be permitted in
an accessory building.
11.
Crop Agriculture
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Crop agriculture may include hobby and small-scale commercial farming.
12.
Livestock Agriculture
(1)
At its discretion, Council may permit the keeping of livestock, including horses, after
giving public notice and considering comments received, particularly from
neighbours.
(2)
A livestock use, if permitted as a Discretionary Use, will be subject to the following:
(a) No livestock will be permitted on lots less than 0.4 hectares in size.
(b)
The permitted quantity of livestock on a lot and the minimum setback of a
livestock facility on a lot will be in accordance with the following table.
Conditions for Keeping of Livestock in the Residential Zone
Lot Size
Maximum Animal Units (AU)
(see AU definition in Schedule A)
Minimum Setback of
Livestock Facilities from
All Lot Lines
0.4 - 1.0 hectare
1 AU of rabbits, ducks, chickens,
turkeys, or geese
18 metres
>1.0 - 2.0 hectares 2 AU of all species.
30 metres
>2.0 - 3.0 hectares 4 AU of all species
50 metres
>3.0 hectares
6 AU of all species
50 metres
(c)
Such other terms and conditions deemed necessary by Council to minimize
potential impacts on neighbouring land uses.
13.
Kennels
At its discretion, Council may permit a kennel, subject to the following:
(a)
It will be permitted only as a home occupation
(b)
It will be permitted only on a lot of 0.4 hectares or more, and
(a)
Such other terms and conditions of Council aimed at restricting the number and
breeds of dogs or cats on the premises and minimizing potential noise, odour, and
other impacts on neighbouring land uses.
14.
Energy Generation Facilities
An energy generation facility, if permitted at Council's discretion, will be subject to
Regulation 58 of the General Development Standards.
15.
Hazardous and Noxious Uses
At its discretion, Council may restrict the development or location of any use or activity that
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might release or emit a hazardous or noxious substance that would affect neighbouring
properties.
16.
Cemetery
An application to develop or expand a cemetery must be accompanied by a site design plan
for Council's consideration. The site plan will illustrate the location of the cemetery, access
points, landscaping, and buffers with adjacent properties.
17.
Tourist Cottages and Campgrounds
(1)
A proposal for a tourist cottage establishment or campground will require a
development plan satisfactory to Council, containing the following information:
(a)
Location and size of operation, including campsites and/or cottage units
(b)
Internal roads and accesses
(c)
Parking areas
(d)
Accessory uses such as laundry and storage facilities, washrooms, showers,
convenience store, caretaker residence, and outdoor and indoor recreation
facilities
(e)
Water supply and wastewater disposal
(f)
Landscaping
(g)
Buffers and screening between the site and other land uses
(h)
Delineation of the property on a legal survey
(i)
Where deemed necessary by Council, a phasing plan for development.
(2)
All campsites, cottages, and on-site facilities that form part of the development will
be accessible only via the internal road network of the development.
(3)
Council may require the development to include suitable buffers and screening where
the development that abuts an existing or future public street or residential area.
(4)
The development permit will specify the maximum number of cottage units and/or
campsites that will be permitted on the site.
(5)
No expansion or alteration of a campground, other than repairs and maintenance, will
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take place without the approval of Council.
(6)
The operation will comply with all bylaws and regulations of Council pertaining to
noise and unruly behaviour.
(7)
If deemed necessary by Council, a deposit to cover the cost of buffers and screening
shall be deposited with Council until the work is completed according to the
approved plan.
18.
Service Station
See Regulation 64, Part II - General Development Standards.
ZONE TITLE
VILLAGE GREEN
"VG"
PERMITTED USE CLASSES
(See Regulation 97)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 98)
Conservation
Open space
Single dwelling (See Condition 3)
Double dwelling (See Condition 3)
Townhouse dwelling (See Condition 3)
Subsidiary apartment (See Condition 8)
Accessory building (See Condition 9)
Bed and breakfast (See Condition 6)
Catering
Childcare (See Condition 7)
Clubs and lodges
Commercial accommodation
Cultural and civic
Drinking establishment
Energy generation facility (See Condition 11)
Entertainment
Home occupation (See Condition 5)
Indoor assembly
Outdoor assembly
Indoor market
Outdoor market
Recreational open space
Residential care
Shop
Take-out food service
Tourist cottage establishment (See Condition 10)
Transportation
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CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be complementary to the uses within the Permitted Use
Classes, compatible with surrounding development, and not contrary to the general intent of
the Municipal Plan and Development Regulations.
2.
Building Development Controls in Floodplains
See Regulation 66, Part II - General Development Standards.
3.
Single, Double, and Townhouse Dwellings
At its discretion, Council may permit single dwellings, double dwellings, and townhouse
dwellings subject to the residential lot standards specified in the Mixed Development zone or
such higher standards that Council deems appropriate.
4.
Non-Residential Developments
A non-residential development will be subject to the following:
(a)
It must meet the minimum development standards established for a single dwelling or
such higher standards that Council deems appropriate.
(b)
It must be located and designed to minimize the impact of traffic, appearance, noise,
odour, lighting, and signage on surrounding residential uses.
(c)
It must be designed and maintained to a high standard with regard to safety,
appearance, and compatibility with surrounding land uses.
(d)
It must provide for adequate off-street parking so as to not result in traffic or parking
problems.
(e)
At Council's discretion, spatial buffers and/or screening (e.g. fencing, vegetation)
may be required between the development and abutting residential uses.
(f)
It will be subject to such other conditions that are deemed necessary by Council.
(g)
No change in the type or scale of the use will be permitted except in accordance with
a development permit and conditions set by Council.
5.
Home Occupations
See Regulation 37, Part II - General Development Standards
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6.
Bed and Breakfast
See Regulation 39, Part II - General Development Standards
7.
Childcare
See Regulation 38, Part II - General Development Standards
8.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling or a commercial
building.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
9.
Accessory Buildings on Residential Lots
In addition to the requirements for accessory buildings set out in Regulation 36 of the
General Development Standards, an accessory building on a residential lot will be subject to
the following standards and conditions:
(a)
The combined lot coverage of all accessory buildings on a lot will be no more than 10
percent of the area of the lot.
(b)
The maximum floor area of an accessory building will be in accordance with the
following table.
Maximum Size of Accessory Buildings
Lot Size
Maximum Floor Area
Up to 1000 m²
65 m²
1001-2000 m²
95 m²
Over 2000 m²
125 m²
(c)
No accessory building will be erected closer to the street than the front building line
unless otherwise authorized at Council's discretion in accordance with Regulation
36.
(d)
No accessory building will be closer than 1.0 metre from a side or rear lot line.
(e)
No accessory building will be closer than 3.0 metres from another building.
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(f)
Except for minor vehicle maintenance, no accessory building will be used for the
repairing, painting, dismantling, or scrapping of vehicles or machinery.
(g)
An accessory building may be used for a home occupation subject to Regulation 37
of the General Development Standards.
(h)
No self-contained apartment or other self-contained living unit will be permitted in
an accessory building.
10.
Tourist Cottage Establishments
At its discretion, Council may permit a tourist cottage establishment, subject to the
following:
(a)
A proposal for a tourist cottage establishment will require a development plan
satisfactory to Council, containing the following information:
Location and size of operation and individual cottage units
Internal roads and accesses
Parking areas
Accessory uses such as laundry facilities, storage areas, and recreation
facilities
Landscaping
Buffers and screening between the site and other land uses
Delineation of the property on a legal survey
Where deemed necessary by Council, a phasing plan for development.
(b)
All cottages and on-site facilities that form part of the development will be accessible
only via the internal road network of the development.
(c)
Council may require the development to include suitable buffers and screening where
the development that abuts an existing or future public street or residential area.
(d)
The development permit will specify the maximum number of cottage units that will
be permitted on the site.
(e)
No expansion or alteration, other than repairs and maintenance, will take place
without the approval of Council.
(f)
The operation will comply with all bylaws and regulations of Council pertaining to
noise and unruly behaviour.
(g)
Where deemed necessary by Council, a deposit sufficient to cover the cost of buffers
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and screening shall be deposited with Council until the work is completed in
accordance with the approved plan.
11.
Energy Generation Facilities
An energy generation facility, if permitted at Council's discretion, will be subject to
Regulation 58 of the General Development Standards.
ZONE TITLE
PUBLIC USE
"PU"
PERMITTED USE CLASSES
(See Regulation 97)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 98)
Childcare (See Condition 4)
Conservation
Cultural and civic
Educational
Open space
Catering (See Condition 7)
Cemetery (see Condition 5)
Club and lodge
General assembly
Indoor assembly
Office (See Condition 3)
Outdoor assembly
Residential care
Place of worship
Recreational open space
Subsidiary apartment (See Condition 6)
Transportation
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be complementary to the uses within the Permitted Use
Classes, compatible with surrounding development, and not contrary to the general intent of
the Municipal Plan and Development Regulations.
2.
Building Development Controls in Floodplains
See Regulation 66, Part II - General Development Standards.
3.
Office
An office use will only be permitted if it is accessory to a main use.
4.
Childcare
See Regulation 38, Part II - General Development Standards
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5.
Cemetery
An application to develop or expand a cemetery must be accompanied by a site design plan
for Council's consideration. The site plan will illustrate the location of the cemetery, access
points, landscaping, and buffers with adjacent properties.
6.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a main use at Council's discretion
if it is shown that the apartment is necessary for the operation of the main use.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
7.
Catering
At Council's discretion, a catering use may be permitted if it is accessory use to a main use
such as a place of worship, cultural facility, club or lodge, or indoor or general assembly use.
ZONE TITLE
COMMERCIAL-LIGHT INDUSTRIAL
"CLI"
PERMITTED USE CLASSES
(See Regulation 82)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 83)
Catering
Childcare (See Condition 4)
Communications
Conservation
Educational
Emergency service
General assembly
General service
Indoor market
Light industry
Medical service
Office
Open space
Outdoor market
Apartment building
Subsidiary apartment (See Condition 5)
Residential care
Campground (See Condition 3)
Club and lodge
Cultural and civic
Commercial accommodation
Commercial outdoor recreation
Drinking establishment
Energy generation facility (See Condition 10)
Entertainment
Funeral home
Garden centre
General industry
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Personal service
Take-out food service
Shop
Veterinary
Hazardous industry
Indoor assembly
Kennel
Outdoor assembly
Recreational open space
Salvage yard (See Condition 12)
Service station (See Condition 11)
Shopping centre
Tourist cottage establishment (See Condition 3)
Transportation
Vehicle sales and service
DEVELOPMENT STANDARDS
Minimum Frontyard (m)
8.0
(Council may require higher setbacks)
Minimum Sideyard (m)
3.0 + 1.0
(may be waived for buildings with adjoining walls)
Minimum Sideyard for Open Storage (m)
5.0
Min. Flanking Road Sideyard (m)
6.0
Minimum Rearyard (m)
10.0
Maximum Lot Coverage - All Buildings
40%
1.
Discretionary Uses
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be complementary to the uses within the Permitted Use
Classes, compatible with surrounding development, and not contrary to the general intent of
the Municipal Plan and Development Regulations.
2.
Building Development Controls in Floodplains
See Regulation 66, Part II - General Development Standards.
3.
Tourist Cottages and Campgrounds
(1)
A proposal for a tourist cottage establishment or campground will require a
development plan satisfactory to Council, containing the following information:
(a)
Location and size of operation, including campsites and/or cottage units
(b)
Internal roads and accesses
(c)
Parking areas
(d)
Accessory uses such as laundry facilities, storage areas, washrooms, showers,
convenience store, caretaker residence, and outdoor and indoor recreation
facilities
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(e)
Water supply and wastewater disposal
(f)
Landscaping
(g)
Buffers and screening between the site and other land uses
(h)
Delineation of the property on a legal survey
(i)
Where deemed necessary by Council, a phasing plan for development.
(2)
All campsites, cottages, and on-site facilities that form part of the development will
be accessible only via the internal road network of the development.
(3)
Council may require the development to include suitable buffers and screening where
the development that abuts an existing or future public street or residential area.
(4)
The development permit will specify the maximum number of cottage units and/or
campsites that will be permitted on the site.
(5)
No expansion or alteration of a campground, other than repairs and maintenance, will
take place without the approval of Council.
(6)
The operation will comply with all bylaws and regulations of Council pertaining to
noise and unruly behaviour.
(7)
Where deemed necessary by Council, a deposit sufficient to cover the cost of buffers
and screening shall be deposited with Council until the work is completed in
accordance with the approved plan.
4.
Childcare
See Regulation 38, Part II - General Development Standards
5.
Subsidiary Apartments
(1)
One subsidiary apartment may be permitted in a main use if it deemed by Council as
necessary for the operation of that use.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
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(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
6.
Property Upkeep and Maintenance
Land and buildings will be landscaped and maintained to the satisfaction of Council.
7.
Outdoor Storage
(1)
Outdoor storage of materials and equipment will generally be permitted in the
sideyards and rearyards of buildings. In certain circumstances, Council may permit
outdoor storage in frontyards.
(2)
Council may require fencing or other forms of screening where the quantity or type of
material being stored would contribute to unsightly appearance.
8.
Dangerous, Hazardous, and Noxious Uses
In accordance with Regulation 53, Council may restrict the development or location of any
use or activity that it deems might be dangerous or might release or emit a hazardous or
noxious substance that would affect neighbouring properties.
9.
Flammable Liquids Storage
All buildings, tanks, and structures related to the bulk storage of flammable liquids will
conform to the requirements of the Provincial Fire Commissioner and shall be surrounded by
such buffers and landscaping as Council may require to reduce risks to adjacent uses due to
fire, explosion, or spillage of flammable liquid.
10.
Energy Generation Facilities
An energy generation facility, if permitted by Council, will be subject to Regulation 58 of
the General Development Standards.
11.
Service Station
See Regulation 64, Part II - General Development Standards
12.
Salvage Yards
Salvage yards will be subject to the following separation distances from other forms of
development.
Type of Development
Minimum Distance from
Salvage Yard
Existing or future residential areas
200 metres
Existing or future commercial areas
100 metres
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Public highway or street
25 metres
Watercourse or water body
50 metres
13.
Screening and Landscaping
Council may require buffering or screening of sites with natural or planted vegetation,
fencing, or structural barriers to reduce the aesthetic impact of industrial uses on nearby
residential areas and public streets and highways.
ZONE TITLE
OPEN SPACE
"OS"
PERMITTED USE CLASSES
(See Regulation 97)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 98)
Conservation
Open space
Cemetery (See Condition 3)
Crop agriculture (See Condition 4)
Energy generation facility (See Condition 6)
Outdoor market (See Condition 5)
Recreational open space
Take-out food service (See Condition 5)
Transportation
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be complementary to the uses within the Permitted Use
Classes, compatible with surrounding development, and not contrary to the general intent of
the Municipal Plan and Development Regulations.
2.
Development Criteria
All development must meet the development standards prescribed by Council.
3.
Cemetery
An application to develop or expand a cemetery must be accompanied by a site design plan
for Council's consideration. The site plan will illustrate the location of the cemetery, access
points, landscaping, and buffers with adjacent properties.
4.
Crop Agriculture
Crop agriculture may be permitted in the form of community gardens.
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5.
Outdoor Markets and Take-Out Food Services
Outdoor markets and take-out food service may be permitted only on a temporary basis, for
example, during community events.
6.
Energy Generation Facilities
An energy generation facility, if permitted by Council, will be subject to Regulation 58 of
the General Development Standards.
ZONE TITLE
MUNICIPAL PARK
"MP"
PERMITTED USE CLASSES
(See Regulation 97)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 98)
Conservation
Open space
Campground (See Condition 4)
Catering (See Condition 3)
Commercial outdoor recreation
Energy generation facility (See Condition 5)
General assembly
Outdoor assembly
Recreational open space
Shop (See Condition 3)
Take-out food service (See Condition 3)
Tourist cottage establishment (See Condition 4)
Transportation
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be complementary to the uses within the Permitted Use
Classes, compatible with surrounding development, and not contrary to the general intent of
the Municipal Plan and Development Regulations.
2.
Development Criteria
All development must clearly be complementary and subsidiary to the preservation and
viability of David Smallwood Municipal Park and meet the development standards
prescribed by Council.
3.
Shops, Catering, and Take-Out Food Services
Shops, catering, and take-out food services will be permitted only as accessory uses to main
uses of the Park, and if they are deemed by Council to be appropriate for the area proposed.
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4.
Tourist Cottages and Campgrounds
(1)
A proposal for a tourist cottage establishment or campground will require a
development plan satisfactory to Council, containing the following information:
(a)
Location and size of operation, including campsites and/or cottage units
(b)
Internal roads and accesses
(c)
Parking areas
(d)
Accessory uses such as laundry facilities, storage areas, washrooms, showers,
convenience store, caretaker residence, and outdoor and indoor recreation
facilities
(e)
Water supply and wastewater disposal
(f)
Landscaping
(g)
Buffers and screening between the site and other land uses
(h)
Delineation of the property on a legal survey
(i)
Where deemed necessary by Council, a phasing plan for development.
(2)
All campsites, cottages, and on-site facilities that form part of the development will
be accessible only via the internal road network of the development.
(3)
Council may require the development to include suitable buffers and screening where
the development that abuts an existing or future public street or residential area.
(4)
The development permit will specify the maximum number of cottage units and/or
campsites that will be permitted on the site.
(5)
No expansion or alteration of a campground, other than repairs and maintenance, will
take place without the approval of Council.
(6)
The operation will comply with all bylaws and regulations of Council pertaining to
noise and unruly behaviour.
(7)
Where deemed necessary by Council, a deposit sufficient to cover the cost of buffers
and screening shall be deposited with Council until the work is completed in
accordance with the approved plan.
5.
Energy Generation Facilities
An energy generation facility, if permitted at Council's discretion, will be subject to
Regulation 58 of the General Development Standards.
6.
Exemption from Street Frontage Requirement
At Council's discretion, lots in this zone may be exempted from Regulation 50 of Part II of
these Regulations, which does not permit a building to be erected on a lot that does not front
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onto a public street.
ZONE TITLE
RURAL
"RU"
PERMITTED USE CLASSES
(See Regulation 97)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 98)
Conservation
Crop agriculture
Forestry
Mineral exploration (See Condition 9)
Open space
Cemetery (See Condition 12)
Campground (See Condition 10)
Commercial outdoor recreation
Communications
Energy generation facility (See Condition 8)
General industrial (See Condition 5)
Light industrial (See Condition 5)
Livestock agriculture (See Condition 3)
Mineral working (See Condition 2)
Outdoor market (See Condition 7)
Recreational open space
Salvage yard (See Condition 13)
Shop (See Condition 7)
Single dwelling (See Condition 4)
Tourist cottage establishment (See Condition 11)
Transportation
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be complementary to the uses within the Permitted Use
Classes, compatible with surrounding development, and not contrary to the general intent of
the Municipal Plan and Development Regulations.
2.
Mineral Working Uses
2.1
Mineral Working Sites
At its discretion, Council may permit a mineral working use subject to the following, unless
otherwise authorized by Council:
(a)
No new mineral working operation will be developed without a development permit
issued by Council. The development, operation, termination, and rehabilitation of the
mineral working site will be carried out only in accordance with terms and conditions
specified in the development permit. The development permit will be revoked if the
operator does not comply with the terms and conditions of the development permit.
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(b)
An application to Council for the development of a gravel pit or rock quarry will
include a site development plan with the following information:
(i)
the site's biophysical features
(ii)
a delineation of the proposed extraction area
(iii)
the type and location of aggregate processing equipment
(iv)
a site rehabilitation plan (see Paragraph 3.4)
(c)
No extraction of any sort will take place closer than:
(i)
50 metres from a watercourse or wetland,
(ii)
50 metres from a public street or highway,
(iii)
200 metres of a residential, commercial, or public building,
(d)
No quarrying of hard rock will take place within 800 metres of a residential,
commercial, or public building.
(e)
All topsoil and organic material, including the rusty coloured and iron stained layer,
will be securely stockpiled for future rehabilitation of the site. The operator will
ensure that the topsoil is not mixed with aggregate materials.
(f)
An undisturbed buffer strip will be maintained at least 30 metres wide between the
final perimeter of a pit or quarry and the boundary of the lot on which it is located.
Council may permit this buffer width to be reduced by up to 50 percent with the
written consent of the adjacent property owner,
(g)
Where a proposed mineral working site is located in the vicinity of a public street or
highway, or an existing or proposed residential, commercial, or recreational area,
Council may require the owner to provide for natural or artificial screening to
obstruct visibility of the site.
(h)
Council may require the mineral working site or excavated area to be fully or
partially enclosed by a fence designed and constructed to Council's specifications.
(i)
No mineral working shall create excessive drainage or erosion onto adjacent
properties or into nearby watercourses.
(j)
No mineral working shall cause the accumulation or ponding of water in any part of
the site. Settling ponds will be permitted only with approval from the Department of
Environment and Conservation.
(k)
The mineral working site shall be kept clean of refuse, abandoned vehicles,
abandoned equipment and derelict buildings.
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(l)
During seasonal or extended shutdowns, the slope of any sand or gravel embankment
shall not have a gradient steeper than 60 percent for the full depth thereof, and
(o)
Other such conditions that Council deems as necessary.
2.2
Permit Fee
The development permit fee for a mineral working will be determined by Council in an
amount sufficient to cover costs associated with:
(a)
A review of the development plan by a professional planner or engineer,
(b)
Regular inspections of the site to determine conformity with the permit, and
(c)
Inspections to determine acceptable site rehabilitation in accordance with a
rehabilitation plan
2.3
Mineral Working Processing Plant
(1)
Council can permit a mineral working processing plant (e.g. washing and screening
plant, crusher) provided that the use will not significantly affect surrounding land
uses by reason of noise, vibration, fumes, dust, odour, water drainage, unsightly
storage of materials, or general appearance.
(2)
Council can specify a minimum separation distance between a processing plant and
an existing residential, commercial, public, or recreational area.
2.4
Site Rehabilitation
(1)
A development application for a new mineral working site will not be approved
unless it includes a plan for site rehabilitation acceptable to Council.
(2)
Council can require the extraction site to be rehabilitated at progressive stages of
excavation or after the mineral working operation has terminated.
(3)
Upon full completion of the mineral working, the following work shall be carried
out by the operation:
(a)
All buildings, machinery and equipment shall be removed,
(b)
All pit and quarry slopes shall be graded to a slope of less than 60 percent,
(c)
The entire excavated area will be rehabilitated in accordance with the
rehabilitation plan.
(d)
If required, the access road to the site shall be closed or decommissioned in
accordance with Council's wishes.
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3.
Livestock Agriculture
See Regulation 47 - Part II - General Development Standards.
4.
Single Dwelling
At its discretion, Council may permit a single dwelling that is accessory to a commercial
agricultural operation, subject to the following:
(a)
It is demonstrated to Council's satisfaction that the agriculture use is a bona fide
commercial operation from which the owner derives a major portion of his or her
income, and
(b)
It is demonstrated to Council's satisfaction that full-time habitation on the site is
necessary for the feasible operation of the agricultural main use.
(c)
The single dwelling will be subject to such other terms and conditions as deemed
appropriate by Council.
5.
General and Light Industrial Uses
At its discretion, Council may permit a general or industrial use that is clearly accessory to
forestry, agriculture, or mineral working, or that meets the following criteria:
(a)
The use is unsuitable for a built-up area by reason of appearance, noise, vibration,
smell, fumes, smoke, grit, soot, ash, dust, or glare.
(b)
The use requires large outdoor areas for open storage and handling of materials,
goods, and equipment.
(c)
The use is capable of being serviced by on-site water and sewage services.
(d)
The use can be screened from public streets and lands designated for urban uses.
(e)
The use generates low volumes of traffic.
(f)
The use will have no deleterious effects on the environment.
(g)
The use does not include warehousing, wholesale, or retail activities.
(h)
The use will be subject to such other terms and conditions as deemed appropriate by
Council.
6.
Hazardous and Noxious Uses
Council can restrict the development or location of any use or activity that might release or
emit a hazardous or noxious substance that would affect neighbouring properties.
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7.
Outdoor Markets and Shops
At its discretion, Council may permit an outdoor market or shop as an accessory use to a
bonafide farm, campground, or recreational open space use, provided that Council deems that
the proposed use will be integral and complementary to the main use.
8.
Energy Generation Facilities
At its discretion, Council may permit an energy generation facility, subject to Regulation 58
of the General Development Standards.
9.
Mineral Exploration
At its discretion, Council may permit a mineral exploration use, subject to Regulation 51 of
the General Development Standards.
10.
Campground
At its discretion, Council may permit a campground, subject to the following:
(1)
A proposal for a campground will require a development plan satisfactory to Council,
containing the following information:
(a)
Location and size of operation, including campsites and/or cottage units
(b)
Internal roads and accesses
(c)
Parking areas
(d)
Accessory uses such as laundry facilities, storage areas, washrooms, showers,
convenience store, caretaker residence, and outdoor and indoor recreation
facilities
(e)
Water supply and wastewater disposal
(f)
Landscaping
(g)
Buffers and screening between the site and other land uses
(h)
Delineation of the property on a legal survey
(i)
Where deemed necessary by Council, a phasing plan for development.
(2)
All campsites and on-site facilities that form part of the development will be
accessible only via the internal road network of the development.
(3)
Council may require the development to include suitable buffers and screening where
the development that abuts an existing or future public street or residential area.
(4)
The development permit will specify the maximum number of campsites that will be
permitted on the site.
(5)
No expansion or alteration of a campground, other than repairs and maintenance, will
take place without the approval of Council.
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Development Regulations 2014-2024
SCHEDULE C RURAL (RU) ZONE
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Schedule C - Page 36
(6)
The operation will comply with all bylaws and regulations of Council pertaining to
noise and unruly behaviour.
(7)
Where Council deems necessary, a deposit sufficient to cover the cost of buffers and
screening shall be deposited with Council until the work is completed in accordance
with the approved plan.
11.
Tourist Cottage Establishment
(1)
At its discretion, Council may permit a tourist cottage establishment only if it is
associated with, and integral to the operation of, a commercial outdoor recreation use
(2)
A proposal for a tourist cottage establishment will require a development plan
satisfactory to Council, containing the following information:
(a)
Location and size of operation, including cottage units
(b)
Internal roads and accesses
(c)
Parking areas
(d)
Accessory uses such as laundry facilities, storage areas, washrooms, showers,
convenience store, caretaker residence, and outdoor and indoor recreation
facilities
(e)
Water supply and wastewater disposal
(f)
Landscaping
(g)
Buffers and screening between the site and other land uses
(h)
Delineation of the property on a legal survey
(i)
Where deemed necessary by Council, a phasing plan for development.
(2)
All cottages, and on-site facilities that form part of the development will be
accessible only via the internal road network of the development.
(3)
Council may require the development to include suitable buffers and screening where
the development that abuts an existing or future public street or residential area.
(4)
The development permit will specify the maximum number of cottage units that will
be permitted on the site.
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Development Regulations 2014-2024
SCHEDULE C RURAL (RU) ZONE
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Schedule C - Page 37
(5)
No expansion or alteration of a campground, other than repairs and maintenance, will
take place without the approval of Council.
(6)
The operation will comply with all bylaws and regulations of Council pertaining to
noise and unruly behaviour.
(7)
Where deemed necessary by Council, a deposit sufficient to cover the cost of buffers
and screening shall be deposited with Council until the work is completed in
accordance with the approved plan.
12.
Cemetery
(1)
At its discretion, Council may permit a cemetery subject to such terms and
conditions, as it deems appropriate.
(2)
An application to develop or expand a cemetery must be accompanied by a site
design plan for Council's consideration. The site plan will illustrate the location of
the cemetery, access points, landscaping, and buffers with adjacent properties.
13.
Salvage Yards
Salvage yards will be subject to the following separation distances from other forms of
development.
Type of Development
Minimum Distance from
Salvage Yard
Existing or future residential areas
200 metres
Existing or future commercial areas
100 metres
Public highway or street
25 metres
Watercourse or water body
50 metres
14.
Exemption from Street Frontage Requirement
At Council's discretion, an agricultural, mineral working, or industrial lot in this zone may be
exempted from Regulation 50 of Part II of these Regulations only if the proposed
agricultural, mineral working, or industrial use is in accordance with all conditions outlined
in these Regulations as well as any other conditions that may be set by Council.
Town of Gambo
Development Regulations 2014-2024
SCHEDULE D OFF-STREET LOADING AND PARKING REQUIREMENTS
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Schedule D - Page 1
Town of Gambo
Development Regulations 2014-24
Schedule D - Off-Street Loading and
Parking Requirements
Town of Gambo
Development Regulations 2014-2024
SCHEDULE D OFF-STREET LOADING AND PARKING REQUIREMENTS
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Schedule D - Page 2
SCHEDULE D - OFFSTREET LOADING AND PARKING REQUIREMENTS
1.
Off-Street Loading Requirements
(1)
Where Council deems necessary, for every building, structure or use requiring the
shipping, loading or unloading of animals, goods, wares or merchandise, one or more
loading spaces will be provided and maintained on the lot measuring at least 15
metres long and 4 metres wide with a vertical clearance of at least 4 metres. The
space will have direct access to a public street or to a driveway of a minimum width
of 6 metres that connects to a public street.
(2)
The number of loading spaces to be provided will be determined by Council.
(3)
The loading spaces required by this Regulation will be designed so that vehicles can
manoeuvre clear of any street and so that it would not be necessary for any vehicle to
reverse onto or from a street.
2.
Parking Area Standards
(1)
For every building, structure or use to be erected or enlarged, 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 on-street parking of vehicles
associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Schedule D, except as otherwise
modified by Schedule C, of these Regulations.
(3)
Each parking space, except in the case of a single or attached dwelling, will be made
accessible by means of a right-of-way at least 3 metres wide.
(4)
Residential parking spaces shall be provided on the same lot as the dwelling or
dwellings. Parking space for apartment buildings will be provided in the rear yard
where possible.
(5)
Non-residential parking spaces shall be provided not more than 200 metres distance
from the use for which the parking is required.
(6)
The parking facilities required by this Regulation will, 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.
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SCHEDULE D OFF-STREET LOADING AND PARKING REQUIREMENTS
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Schedule D - Page 3
(7)
Where Council permits parking perpendicular to the curb, the minimum dimensions
of each parking stall will be as follows:
Parking stall width
2.5 metres
Parking stall length or depth
5.8 metres
Aisle width separating opposite parking stalls
7.0 metres
Aisle width separating a stall from another obstruction 7.0 metres
Where Council permits parking parallel to the curb, the minimum length of the stall
will be 7.0 metres and the aisle width will be at least 4 metres, or more if deemed
necessary by Council.
For any other parking lot configuration, the requirements shall as be as specified by
Council, but in no instance shall the requirements be less than that specified for
perpendicular parking spaces.
(6)
Other requirements for parking areas are as follows:
(a)
The parking area will be constructed and maintained to the specifications of
Council,
(b)
Lights for illumination of the parking area will be arranged so as to divert the
light away from adjacent development,
(c)
Except on a service station or industrial lot, no gasoline pump or other
service station equipment will be located or maintained in a parking area,
(e)
No part of any off-street parking area will be closer than 1.5 metres from the
front lot line in any zone,
(f)
Where Council deems that strict application of the parking requirements is
impractical or undesirable, Council may as a condition of a permit require the
developer to pay a service levy in lieu of the provision of a parking area, and
Council will use the full amount of the levy for the provision and upkeep of
alternative parking facilities within the vicinity of the development.
3.
Off-Street Parking Requirements
(1)
The off-street parking requirements for the various use classes set out in Schedule B
will be as set out in the following table, except as otherwise set out in Schedule C. In
the case of developments that include more than one use class, these standards shall
be regarded as cumulative.
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SCHEDULE D OFF-STREET LOADING AND PARKING REQUIREMENTS
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Schedule D - Page 4
(2)
Adequate off-street provision for the drop-off and pick-up of persons will be
provided on the same lot as the development unless otherwise stipulated by Council.
(3)
The number of spaces to be provided for off-street parking will be in accordance with
the following table.
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Theatre
One space for every 6 seats.
Cultural and Civic
One space for every 60 square metres of gross floor areas.
General Assembly
One space for every 15 square metres of gross floor area.
Educational
Schools - 2 spaces for every classroom.
Further education - 1 space for every 5 persons using the facil-
ities (students, faculty and staff).
Place of Worship
One space for every 6 seats.
Passenger Assembly
As specified by Council.
Club and Lodge
One space for every 3 persons that may be accommodated at
one time.
Catering
One space for every 3 customers that may be accommodated at
one time.
Funeral Home
One space for every 12 square metres of gross floor area.
Child Care
One space for every 30 square metres of gross floor area
Amusement
One space for every 15 square metres of gross floor area.
Outdoor Assembly
As specified by Council.
Campground
As specified by Council.
Medical Treatment and
Special Care
Once space per 22 square metres of suite or ward area
Single Dwelling
Two spaces for every dwelling unit.
Double Dwelling
Two spaces for every dwelling unit.
Row Dwelling
Two spaces for every dwelling unit.
Apartment Building
Three spaces for every two dwelling units.
Residential Care
As specified by Council.
Boarding House and/or Bed
and Breakfast
As specified by Council.
Commercial Accommodation
One space for every guest room.
Mobile and Mini Homes
Two spaces for every dwelling unit.
Office
One space for every 25 m2 of gross floor area.
Medical and Professional
One space for every 25 m2 of gross floor area.
Personal Service
One space for every 25 m2 of gross floor area.
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SCHEDULE D OFF-STREET LOADING AND PARKING REQUIREMENTS
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Schedule D - Page 5
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
General Service
One space for every 25 m2 of gross floor area.
Communications
As specified by Council.
Police Station
As specified by Council.
Taxi Stand
As specified by Council.
Take-out Food Service
One space for every 25 m2 of gross floor area.
Veterinary
One space for every 25 m2 of gross floor area.
Shopping Centre
One space for every 18 m2 of gross floor area.
Shop
One space for every 20 m2 of gross floor area.
Indoor Market
As specified by Council.
Outdoor Market
As specified by Council.
Convenience Store
One space for every 20 m2 of gross floor area.
General and hazardous
industry
As specified by Council, but not less than one space per 100 m2
of gross floor area or 10 parking spaces, whichever is greater.
Service Station
One space for every 20 m2 of gross floor area.
Light Industry
As specified by Council but not less than one space per 50 m2
of gross floor area or 5 parking spaces, whichever is greater.
Town of Gambo
Development Regulations 2014-2024
SCHEDULE E MINISTERIAL DEVELOPMENT REGULATIONS
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Schedule E - Page 1
Town of Gambo
Development Regulations 2014-24
Schedule E - Ministerial
Development Regulations
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. John's, January 2, 2001 .
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
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Schedule E - Page 2
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
Short title
1.
These regulations may be cited as the Development Regulations.
Definitions
2.
In these regulations,
(a)
"Act", unless the context indicates otherwise, means the Urban and Rural
Planning Act, 2000 ;
(b)
"applicant" means a person who has applied to an authority for an approval or
permit to carry out a development;
(c) "
authority" means a council, authorized administrator or regional authority; and
(d)
"development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
Application
3.
(1) These regulations shall be included in the development regulations of an
authority and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations
or other regulations of an authority, these regulations shall apply.
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Schedule E - Page 3
(3) Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
Interpretation
4.
(1) In development regulations and other regulations made with respect to a
planning area the following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from a street to adjacent or nearby land or to go from that land to the
street;
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is customarily incidental or
complementary to the main use of the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or
radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
(c)
"accessory use" means a use that is subsidiary to a permitted or discretionary use
and that is customarily expected to occur with the permitted or discretionary use;
(d)
"building height" means the vertical distance, measured in metres from the
established grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks, steeples
and purely ornamental structures above a roof;
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(e)
"building line" means a line established by an authority that runs parallel to a
street line and is set at the closest point to a street that a building may be placed;
(f)
"discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations;
(g)
"established grade" means,
(i)
where used in reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior or the front of that building exclusive of any artificial
embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average elevation
of the finished grade of the ground immediately surrounding the structure, exclusive of any
artificial embankment or entrenchment;
(h)
"floor area" means the total area of all floors in a building measured to the outside
face of exterior walls;
(i)
"frontage" means the horizontal distance between side lot lines measured at the
building line;
(j)
"lot" means a plot, tract or parcel of land which can be considered as a unit of land
for a particular use or building;
(k)
"lot area" means the total horizontal area within the lines of the lot;
(l)
"lot coverage" means the combined area of all building on a lot measured at the
level of the lowest floor above the established grade and expressed as a percentage of the total
area of the lot;
(m)
"non-conforming use" means a legally existing use that is not .listed as a permitted
or discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n)
"owner" means a person or an organization of persons owning or having the legal
right to use the land under consideration;
(o)
"permitted use" means a use that is listed within the permitted use classes set out
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Schedule E - Page 5
in the use zone tables of an authority's development regulations;
(p)
"prohibited use" means a use that is not listed in a use zone within the permitted
use classes or discretionary use classes or a use that an authority specifies as not permitted within
a use zone;
(q)
"sign" means a word, letter, model, placard, board, device or representation,
whether illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as a
memorial, advertisements of local government, utilities and boarding or similar structures used
for the display of advertisements;
(r)
"rear yard depth" means the distance between the rear lot line and the rear wall of
the main building on a lot;
(s)
"side yard depth" means the distance between the side lot line and the nearest side
wall of a building on the lot;
(t)
"street" means a street, road, highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other emergency
vehicles;
(u)
"street line" means the edge of a street reservation as defined by the authority
having jurisdiction;
(v)
"use" means a building or activity situated on a lot or a development permitted on
a lot;
(w)
"use zone" or "zone" means an area of land including buildings and water
designated on the zoning map to which the uses, standards and conditions of a particular use
zone table apply;
(x)
"variance" means a departure, to a maximum of 10% from the yard, area, lot
coverage, setback, size, height, frontage or any other numeric requirement of the applicable Use
Zone Table of the authority's regulations; and
(y)
"zoning map" means the map or maps attached to and forming a part of the
authority's regulations.
(2)
An authority may, in its discretion, determine the uses that may or may not be
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Schedule E - Page 6
developed in a use zone and those uses shall be listed in the authority's regulations as
discretionary, permitted or prohibited uses for that area.
Notice of right to appeal
5.
Where an authority makes a decision that may be appealed under section 42 of the
Act, that authority shall, in writing, at the time of making that decision, notify the person to
whom the decision applies of the
(a)
person's right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6.
(1) The secretary of the board at the Department of Municipal and Provincial
Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld.,
A1B 4J6 is the secretary to all boards in the province and an appeal filed with that secretary
within the time period referred to in subsection 42(4) of the Act shall be considered to have been
filed with the appropriate board.
(2)
Notwithstanding subsection (1), where the City of Corner Brook , City of Mount
Pearl or City of St. John's appoints an appeal board under subsection 40(2) of the Act, an appeal
shall be filed with the secretary of that appointed board.
(3)
The fee required under section 44 of the Act shall be paid to the board that hears
the decision being appealed by filing it with the secretary referred to in subsection (1) or (2)
within the 14 days referred to in subsection 42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection 44(3)
of the Act, retain the fee paid to the board.
(5)
Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
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Schedule E - Page 7
Appeal registration
7.
(1) Upon receipt of an appeal and fee as required under the Act and these
regulations, the secretary of the board as referred to in subsections 6(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
(3)
Where an authority has been notified of an appeal that authority shall forward to
the appropriate board a copy of the application being appealed, all correspondence, council
minutes, plans and other relevant information relating to the appeal including the names and
addresses of the applicant and other interested persons of whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate authority, a notice that the
appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
Development prohibited
8.
(1) Immediately upon notice of the registration of an appeal the appropriate
authority shall ensure that any development upon the property that is the subject of the appeal
ceases.
(2)
Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, an authority shall not carry out work related to the matter
being appealed.
Hearing notice and meetings
9.
(1) A board shall notify the appellant, applicant, authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal not fewer than 7
days before the date scheduled for the hearing of the appeal.
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Schedule E - Page 8
(2)
A board may meet as often as is necessary to conduct its work in an expeditious
manner.
Hearing of evidence
10.
(1) A board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under subsection 9(1) or their representative may appear
before the board and make representations with respect to the matter being appealed.
(2)
A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be considered to have been provided in the same manner as
evidence directly provided at the hearing of the board.
(4)
In the conduct of an appeal hearing, the board is not bound by the rules of
evidence.
Board decision
11.
A decision of the board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
Variances
12.
(1) Where an approval or permit cannot be given by an authority because a
proposed development does not comply with development standards set out in development
regulations, an authority may, in its discretion, vary the applicable development standards to a
maximum of 10% if, in the authority's opinion, compliance with the development standards
would prejudice the proper development of the land, building or structure in question or would
be contrary to public interest.
(2)
An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances made or
to be made with respect to the same land, building or structure, would have a cumulative effect
that is greater than a 10% variance even though the individual variances are separately no more
than 10%.
(3)
An authority shall not permit a variance from development standards where the
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Schedule E - Page 9
proposed development would increase the non conformity of an existing development.
Notice of variance
13.
Where an authority is to consider a proposed variance, that authority shall give
written notice of the proposed variance from development standards to all persons whose land is
in the immediate vicinity of the land that is the subject of the variance.
Residential non conformity
14.
A residential building or structure referred to in paragraph 108(3)(g) of the Act
must, where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and
development regulations applicable to that building or structure.
Notice and hearings on change of use
15.
Where considering a non conforming building, structure or development under
paragraph 108(3)(d) of the Act and before making a decision to vary an existing use of that
nonconforming building, structure or development, an authority, at the applicant's expense, shall
publish a notice in a newspaper circulating in the area or by other means give public notice of an
application to vary the existing use of a non-conforming building, structure or development and
shall consider any representations or submissions received in response to that advertisement.
Non-conformance with standards
16.
Where a building, structure or development does not meet the development
standards included in development regulations, the building, structure or development shall not
be expanded if the expansion would increase the non-conformity and an expansion must comply
with the development standards applicable to that building, structure or development.
Discontinuance of non-conforming use
17.
An authority may make development regulations providing for a greater period of
time than is provided under subsection 108(2) of the Act with respect to the time by which a
discontinued non-conforming use may resume operation.
Delegation of powers
18.
An authority shall, where designating employees to whom a power is to be
delegated under subsection 109(3) of the Act, make that designation in writing.
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Schedule E - Page 10
Commencement
19.
These regulations shall be considered to have come into force on January