Gander, Newfoundland and Labrador
· adopted 2021-09-03
This is the exact embedded text of the captured official document.
Snapshot d688e15eab24 · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
I
I
I
I
I
I
I
Environment & Infrastructure Solutions
FINAL
Town of Gander Development Regulations
2019-2029
Submitted to:
Town of Gander
100 Elizabeth Drive
Gander, NL, A1V 1G7100 Elizabeth Drive
Gander, NL, A1V 1G7
Submitted by:
Wood Environment & Infrastructure Solutions,
a Division of Wood Canada Limited
133 Crosbie Road
PO Box 13216
St. John's, NL A 1 B 4A5
7 June 2021
Wood Project#: TF1770707
wood.
IMPORTANT NOTICE
This report was prepared exclusively for the Town of Gander by Wood
Environment & Infrastructure Solutions, a Division of Wood Canada Limited
(Wood). The quality of information, conclusions and estimates contained herein
is consistent with the level of effort involved in Wood's services and based on: i)
information available at the time of preparation, ii) data supplied by outside
sources and iii) the assumptions, conditions and qualifications set forth in this
report. This report is intended to be used by the Town of Gander only, subject to
the terms and conditions of its contract with Wood. Any other use of, or reliance
on, this report by any third party is at that party's sole risk.
Environment & Infrastructure Solutions
wood.
I
I
I
Urban and Rural Planning Act 2000
Resolution to Adopt
Town of Gander Development Regulations 2019 - 2029
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town
Council of Gander adopts the Gander Development Regulations.
Adopted by the Town Council of Gander on the 14th day of October 2020.
Signed and sealed~
ay of
Mayor:
~
t.A..A
Percy Farwell
\
Iln.L.. 2021
(Council Seal)
Clerk
~---;;
Canadian Institute of Planners Certification
I certify that the attached Development Regulations have been prepared in accordance
with the requirements of the Urban and Rural Planning Act 2000.
,.
, -
I
I
I
-
I
I
I
Urban and Rural Planning Act 2000
Resolution to Approve
Town of Gander Development Regulations
2019 - 2029
Under the authority of Section 16, Section 17, and Section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Gander
(a) Adopted the Gander Development Regulations on the 14th day of October 2020.
(b) Gave notice of the adoption of the Gander Development Regulations by advertisement
posted on the Town's website from October 15 to November 6, 2020 and again from
November 9 to November 27, 2020.
(c) Set the 5th day and 26th day of November 2020 at the Albatross Hotel, Gander for the holding
of public hearings to consider objections and submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town
Council of Gander approves the Gander Development Regulations with the following changes.
-
A change from the Residential Medium Density zone to the Open Space zone to create a
greenspace buffer between existing residential homes and future development in several
locations of the Spruce Court subdivision.
-
A realignment between the Open Space Recreation and Commercial Shopping Centre zones
to accommodate a change in the route of the Newfoundland T'Railway north of Roe Avenue.
-
Changes to the conditions in the Rural and Residential Seasonal use zone tables to remove
the exemption to the street frontage requirement stated in Regulation 4.16 for land located in
the building control lines of a Provincial protected road or other public street.
SIGNED AND SEALED this 2 L day of July 2021 .
~
... t,..\ ,
Mayor:
Percy Farwell
Clerk:
12::ZJ 1421 ~
Brad Hefford
=
Development Regulations
REGISTERED
(Council Seal)
-
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
wood.
TABLE OF CONTENTS
1.0
APPLICATION ........................................................................................................................................................................ 1
1.1
Title ........................................................................................................................................................................... 1
1.2
lnterpretation ....................................................................................................................................................... 1
1.3
Commencement .................................................................................................................................................. 1
1.4
Municipal Regulations and Codes ............................................................................................................... 1
1.5
Council .................................................................................................................................................................... 1
1.6
Gander International Airport .......................................................................................................................... 1
1.7
Delegation of Authority ................................................................................................................................... 1
1.8
Provincial Development Regulations ....................................................................................................... , .. 1
2.0
DEFINITIONS ......................................................................................................................................................................... 2
3.0
GENERAL REGULATIONS ................................................................................................................................................ 28
3.1
Compliance with Regulations ...................................................................................................................... 28
3.2
Permit Required ................................................................................................................................................. 28
3.3
Permit to be Issued .......................................................................................................................................... 28
3.4
Permit Not to be Issued in Certain Cases ............................................................................................... 28
3.5
Discretionary Powers of Council ................................................................................................................. 28
3.6
Variances .............................................................................................................................................................. 29
3.7
Non-Conforming Uses .................................................................................................................................... 29
3.8
Service Levy ......................................................................................................................................................... 30
3.9
Financial Guarantees by Developer ........................................................................................................... 31
3.10
Dedication of Land for Public Use ............................................................................................................. 31
3.11
Reinstatement of Land .................................................................................................................................... 31
3.12
Form of Application ......................................................................................................................................... 31
3.13
Register of Application ................................................................................................................................... 32
3.14
Deferment of Application .............................................................................................................................. 32
3.15
Notice of Application ...................................................................................................................................... 32
3.16
Approval in Principle ....................................................................................................................................... 33
3.17
Development Permit ....................................................................................................................................... 33
3.18
Permit Fees .......................................................................................................................................................... 34
3.19
Licenses, Permits, and Compliance with Other Bylaws and Legislation ...................................... 34
3.20
Reasons for Refusing or Setting Conditions on a Permit ................................................................. 34
3.21
Delegation of Powers ...................................................................................................................................... 35
3.22
Right of Entry ...................................................................................................................................................... 35
3.23
Record of Violations ........................................................................................................................................ 35
3.24
Stop Work Order and Prosecution ............................................................................................................ 35
3.25
Notice of Right to Appeal ............................................................................................................................. 35
3.26
Appeals ................................................................................................................................................................. 35
3.27
Return of Appeal Fee ....................................................................................................................................... 35
Environment & Infrastructure Solutions
wood pie.com
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
4.0
GENERAL DEVELOPMENT STANDARDS ................................................................................................................... 36
4.1
Access and Service Streets ............................................................................................................................ 36
4.2
Accessory Buildings ......................................................................................................................................... 36
4.3
Accessory Uses ................................................................................................................................................... 36
4.4
Archaeological Sites ......................................................................................................................................... 36
4.5
Buffer Strips ......................................................................................................................................................... 36
4.6
Building Accessibility ....................................................................................................................................... 37
4.7
Building Height .................................................................................................................................................. 37
4.8
Height Exceptions ............................................................................................................................................. 37
4.9
Airport Height Restrictions ........................................................................................................................... 37
4.10
Airport Noise ...................................................................................................................................................... 37
4.11
Building Line and Setback ............................................................................................................................. 37
4.12
Multiple Uses on One Lot .............................................................................................................................. 38
4.13
Main Buildings on a Lot ................................................................................................................................. 38
4.14
LotArea ................................................................................................................................................................ 38
4.15
Lot Area and Size Exceptions ....................................................................................................................... 39
4.16
Lot Frontage ........................................................................................................................................................ 39
4.17
Offensive and Dangerous Uses ................................................................................................................... 39
4.18
Screening and Landscaping .......................................................................................................................... 39
4.19
Public Services and Utilities .......................................................................................................................... 39
4.20
Land Capability and Suitability for Development ................................................................................ 39
4.21
Site Clearing, Excavation and lnfilling ....................................................................................................... 40
4.22
Street Construction Standards .................................................................................................................... 40
4.23
Sight Lines at intersections ........................................................................................................................... 40
4.24
Residential Driveways ...................................................................................................................................... 40
4.25
Street Classifications ........................................................................................................................................ 41
4.26
Protected Provincial Roads ........................................................................................................................... 42
4.27
Watercourse and Wetland Protection ...................................................................................................... 42
4.28
Storm Drainage ................................................................................................................................................. 42
4.29
Development within the Gander Lake Protected Watershed ......................................................... 43
4.30
Development on Commercial and Industrial Properties .................................................................. .43
4.31
Habitat Conservation ...................................................................................................................................... 44
5.0
SPECIFIC USE REGULATIONS ........................................................................................................................................ 46
5.1
Access Ramps ..................................................................................................................................................... 46
5.2
Accessory Buildings ......................................................................................................................................... 46
5.3
Agriculture - Commercial Livestock Facilities ...................................................................................... .46
5.4
Bed and Breakfasts ........................................................................................................................................... 46
5.5
Campgrounds and Tourist Cottage Establishments ........................................................................... 47
5.6
Cannabis Retail Outlets .................................................................................................................................. 49
5.7
Childcare Services ............................................................................................................................................. 49
5.8
Domestic Sawmills on Residential Lots .................................................................................................... 49
5.9
Fences .................................................................................................................................................................... 50
5.10
Home Based Businesses ................................................................................................................................. 50
Environment & Infrastructure Solutions
wood pie.corn
I
Town of Gander
Development Regulations (Final)
Wood Project #: TF1770707
7 June 2021
wood.
5.11
Mineral and Petroleum Exploration ........................................................................................................... 50
5.12
Mineral Workings ............................................................................................................................................. 50
5.13
Personal Livestock Use on Residential Lots ............................................................................................ 51
5.14
Residential Care Homes ................................................................................................................................. 55
5.15
Salvage Yards ..................................................................................................................................................... 55
5.16
Service Stations and General Garages ...................................................................................................... 55
5.17
Subsidiary Apartments and Secondary Suites ....................................................................................... 56
5.18
Swimming Pools and Hot Tubs ................................................................................................................... 56
5.19
Trails ....................................................................................................................................................................... 56
5.20
Waste Transfer Station ................................................................................................................................... 56
6.0
SUBDIVISION OF LAND ................................................................................................................................................... 58
6.1
Subdivision Permit Required ........................................................................................................................ 58
6.2
Services to be Provided .................................................................................................................................. 58
6.3
Payment of Service Levies and Other Charges ..................................................................................... 58
6.4
Subdivision Agreement .................................................................................................................................. 58
6.5
Permit Subject to Considerations ............................................................................................................... 58
6.6
Development and/or Building Permits Required ................................................................................. 59
6.7
Form of Application ......................................................................................................................................... 59
6.8
Subdivision Subject to Zoning ..................................................................................................................... 59
6.9
Building Lines ..................................................................................................................................................... 59
6.10
Dedication of Land for Public Use ............................................................................................................. 59
6.11
Structure in Street Reservation .................................................................................................................... 59
6.12
Subdivision Design Standards ..................................................................................................................... 60
6.13
Engineer to Design Works and Certify Construction Layout ........................................................... 60
6.14
Developer to Pay Engineer's Fees and Charges ................................................................................... 60
6.15
Street Works May be Deferred .................................................................................................................... 60
6.16
Transfer of Streets and Utilities to Council ............................................................................................. 60
6.17
Restriction on Sale of Lots ............................................................................................................................. 61
6.18
Grouping of Buildings and Landscaping ................................................................................................. 61
7.0
SIGNS ..................................................................................................................................................................................... 62
7.1
Permit Required ................................................................................................................................................. 62
7.2
Form of Application ......................................................................................................................................... 62
7.3
Signs Prohibited in Street Reservation ..................................................................................................... 62
7.4
Permit Valid for Limited Period ................................................................................................................... 62
7.5
Removal of Signs .............................................................................................................................................. 62
7.6
Signs Exempt from Control ........................................................................................................................... 62
7.7
Approval Subject to Conditions .................................................................................................................. 63
7.8
Non-Conforming Signs .................................................................................................................................. 63
8.0
USE ZONES ........................................................................................................................................................................... 64
8.1
UseZones ............................................................................................................................................................ 64
8.2
Map lnterpretation ........................................................................................................................................... 64
8.3
Use Classes .......................................................................................................................................................... 64
Environment & Infrastructure Solutions
wood pie.corn
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
8.4
Permitted Uses ................................................................................................................................................... 64
8.5
Discretionary Uses ............................................................................................................................................ 64
8.6
Uses Not Permitted .......................................................................................................................................... 64
9.0
USE ZONE TABLES.: ........................................................................................................................................................... 65
9.1
Environmental Protection (EP) Zone ......................................................................................................... 66
9.1.1
Discretionary Use Classes .......................................................................................... , .................. 66
9.1.2
Buildings .............................................................................................................................................. 66
9.1.3
Environmental Control ................................................................................................................... 66
9.1.4
Waterfront Sites ................................................................................................................................ 66
9.1.5
Docks .................................................................................................................................................... 66
9.1.6
Transportation ................................................................................................................................... 67
9.2
Residential Low Density ................................................................................................................................. 67
9.2.1
Discretionary Use Classes ............................................................................................................. 68
9.2.2
Subsidiary Apartments and Secondary Suites ...................................................................... 68
9.2.3
Bed and Breakfasts .......................................................................................................................... 68
9.3
Residential Medium Density (RMD) Zone ................. _. ............................................................................. 69
9.3.1
Discretionary Use Classes ............................................................................................................. 70
9.3.2
Residential Density .......................................................................................................................... 70
9.3.3
Lodging House .................................................................................................................................. 70
9.3.4
Forestry ................................................................................................................................................ 71
9.4
Residential High Density-1 (RHD-1) Zone .............................................................................................. 71
9.4.1
Discretionary Use Classes ............................................................................................................. 72
9.4.2
Row Dwellings ................................................................................................................................... 72
9.4.3
Lodging House .................................................................................................................................. 72
9.5
Residential High Density-2 (RHD-2) Zone .............................................................................................. 73
9.5.1
Discretionary Use Classes ............................................................................................................. 74
9.5.2
Club and Lodge ................................................................................................................................. 74
9.6
Residential Mini-Home (RMH) Zone ......................................................................................................... 74
9.6.1
Discretionary Use Classes ............................................................................................................. 76
9.6.2
Row Dwellings ................................................................................................................................... 76
9.6.3
Mini-Home and Mobile Home Extensions and Attached Structures .......................... 76
9.6.4
Tiny Houses ........................................................................................................................................ 76
9.7
Residential Rural (RR) Zone .......................................................................................................................... 76
9.7.1
Discretionary Use Classes ............................................................................................................. 77
9.7.2
Kennels ................................................................................................................................................. 78
9.8
Town Centre (TC) Zone ................................................................................................................................... 78
9.8.1
Discretionary Use Classes ............................................................................................................. 79
9.9
Commercial General (CG) Zone .................................................................................................................. 79
9.9.1
Discretionary Use Classes ............................................................................................................. 81
9.9.2
Industrial Uses ................................................................................................................................... 81
9.9.3
Autobody Shop ................................................................................................................................. 81
9.9.4
Kennels ................... , ............................................................................................................................. 81
9.9.5
Funeral Homes and Crematoriums ........................................................................................... 81
Environment & Infrastructure Solutions
wood pie.corn
I
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
9.9.6
Crop Agriculture ............................................................................................................................... 81
9.10
Commercial Shopping Centre (CSC) Zone .............................................................................................. 82
9.10.1 Discretionary Use Classes ............................................................................................................. 82
9.10.2
Industrial Uses ................................................................................................................................... 83
9.10.3
Open Storage .................................................................................................................................... 83
9.10.4
Crop Agriculture ............................................................................................................................... 83
9.11
Commercial Highway (CH) Zone ................................................................................................................ 83
9.11.1
Discretionary Use Classes ............................................................................................................. 84
9.11 .2 Shops and Offices ............................................................................................................................ 84
9.11.3
Crop Agriculture ............................................................................................................................... 84
9.11.4
Open Storage .................................................................................................................................... 84
9.12
Commercial Local (CL) Zone ......................................................................................................................... 84
9.12.1 Discretionary Use Classes ............................................................................................................. 85
9.12.2 Open Storage .................................................................................................................................... 85
9.12.3
Design ................................................................................................................................................... 85
9.13
Commercial Light Industrial (CLI) Zone .................................................................................................... 86
9.13.1 Discretionary Uses ........................................................................................................................... 86
9.13.2
Offices and Shops ............................................................................................................................ 86
9.13.3 Outdoor Storage .............................................................................................................................. 87
9.13.4
Kennels ................................................................................................................................................. 87
9.13.5
Dangerous, Hazardous, and Noxious Uses ............................................................................ 87
9.13.6 Screening and Landscaping ......................................................................................................... 87
9.13.7
Funeral Homes and Crematoriums ........................................................................................... 87
9.14
Industrial General (IG) Zone ......................................................................................................................... 87
9.14.1
Discretionary Use Classes ............................................................................................................. 88
9.14.2
Offices and Shops ............................................................................................................................ 88
9.14.3
Outdoor Storage .............................................................................................................................. 88
9.14.4
Dangerous, Hazardous, and Noxious Uses ............................................................................ 88
9.14.5
Flammable Liquids Storage .......................................................................................................... 88
9.14.6 Crematoriums .................................................................................................................................... 88
9.14.7
Screening and Landscaping ......................................................................................................... 89
9.15
Tourism Recreation (TR) Zone ..................................................................................................................... 89
9.15.1 Discretionary Use Classes ............................................................................................................. 90
9.15.2
Planning and Design ....................................................................................................................... 90
9.15.3
Development Plan ........................................................................................................................... 90
9.15.4
Catering, Convenience Stores, Offices, Shops and Take-Out Food Services ........... 90
9.15.5
Campgrounds and Tourist Cottage Establishments ........................................................... 90
9.15.6 Crop Agriculture ............................................................................................................................... 90
9.15.7
Accessory Dwelling .......................................................................................................................... 91
9.16
Public Institutional (Pl) Zone ........................................................................................................................ 91
9.16.1 Discretionary Use Classes ............................................................................................................. 91
9.16.2
Landscaping ....................................................................................................................................... 92
9.16.3
Shops, Offices and Catering ......................................................................................................... 92
Environment & Infrastructure Solutions
wood pie.corn
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
9.16.4
Cemetery ............................................................................................................................................. 92
9.17
Open Space (OS) Zone ................................................................................................................................... 92
9.17.1 Discretionary Use Classes ................................ .' ............................................................................ 92
9.17.2
Development Standards ................................................................................................................ 93
9.17.3
Cemetery ............................................................................................................................................. 93
9.17.4
Catering and Take-out Food Services ...................................................................................... 93
9.17.5
Outdoor Markets .............................................................................................................................. 93
9.18
Open Space Recreation (OSR) Zone ......................................................................................................... 93
9.18.1 Discretionary Use Classes ............................................................................................................. 93
9.18.2
Development Criteria ..................................................................................................................... 93
9.18.3
Catering and Take-out Food Services ...................................................................................... 94
9.19
Utility (UT) Zone ................................................................................................................................................ 94
9.19.1 Discretionary Use Classes ............................................................................................................. 94
9.19.2
General and Light Industrial ........................................................................................................ 94
9.20
Highway Corridor (HC) Zone ........................................................................................................................ 94
9.20.1 Development Approval .................................................................................................................. 95
9.21
Rural (RU) Zone ................................................................................................................................................. 95
9.21 .1 Discretionary Use Classes ............................................................................................................. 95
9.21.2
Accessory Dwelling .......................................................................................................................... 95
9.21.3
General and Light lndustry ........................................................................................................... 96
9.21.4
Asphalt Plant ...................................................................................................................................... 96
9.21 .5 Hazardous lndustry ......................................................................................................................... 96
9.21 .6 Dangerous, Hazardous, and Noxious Uses ............................................................................ 96
9.21 .7
Flammable Liquids Storage .......................................................................................................... 96
9.21 .8 Outdoor Markets and Shops ....................................................................................................... 96
9.21 .9
Exemption from Street Frontage Requirement.. .................................................................. 97
9.22
Residential Seasonal (RS) Zone ................................................................................................................... 97
9.22.1
Exemption from Street Frontage Requirement.. .................................................................. 97
9.22.2
Road Upkeep and Maintenance ................................................................................................. 97
9.23
Future Development Area (FDA) Zone ..................................................................................................... 97
9.23.1
Discretionary Use Classes ............................................................................................................. 98
9.23.2
Built-Up Development Not Permitted ..................................................................................... 98
9.23.3
Recreational.Open Space .............................................................................................................. 98
9.24
Airport (AP) Zone .............................................................................................................................................. 98
9.24.1 Development Planning and Control ......................................................................................... 98
LIST OF TABLES
Table 9-1 : Gander Use Zone Tables ............................................................................................................................................ 65
LIST OF FIGURES
Figure 4-1 Habitat Management Units ...................................................................................................................................... 45
Figure 5-1 Large Livestock Facility Standards ......................................................................................................................... 54
Environment & Infrastructure Solutions
wood pie.corn
Town of Gander
Development Regulations (Final)
Wood Project # : TF1770707
7 June 2021
LIST OF APPENDICES
APPENDIX A:
CLASSIFICATION OF USES OF LAND AND BUILDINGS
APPENDIX A:
OFF-STREET LOADING AND PARKING REQUIREMENTS
APPENDIX C:
PROVINCIAL DEVELOPMENT REGULATIONS
APPENDIX D:
PROVINCIAL DEVELOPMENT REGULATIONS
APPENDIX E:
LAND USE MAPS
Environment & Infrastructure Solutions
wood.
wood pie.corn
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
1.0
APPLICATION
1.1
Title
These Regulations may be cited as the Gander Development Regulations.
1.2
Interpretation
(1) Words and phrases used in these Regulations shall have the meanings ascribed to them in Part 2 -
Definitions.
(2) Words and phrases not defined in Part 2 shall have the meanings that are commonly assigned to
them in the context in which they are used in the Regulations.
1.3
Commencement
These Regulations came into effect throughout the Gander 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.
1.4
Municipal Regulations and Codes
The National Building Code of Canada including the Plumbing Code, the Fire Code, the Electrical Code, and
any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or any other
municipal regulations regulating or controlling the development, conservation and use of land in force in
the Town of Gander shall under these Regulations apply to the entire Planning Area.
1.5
Council
In these Regulations, "Council" means the Municipal Council of the Town of Gander having jurisdiction over
the Gander Development Regulations.
1.6
Gander International Airport
Notwithstanding Regulations 1.4 and 1.5, Council does not have jurisdiction to administer development
control within the boundaries of Gander International Airport.
1. 7
Delegation of Authority
By a resolution, Council may delegate its authority to administer these Regulations or part thereof to an
employee or other agent of Council. This authority does not apply to lands within the boundaries of Gander
International Airport.
1.8
Provincial Development Regulations
The Provincial Development Regulations enacted under Section 36 of the Urban and Rural Planning Act
2000, (hereafter referred to as the Act), shall apply to development within the Planning Area. Where there
is conflict between these and the Gander Development Regulations, the Provincial Regulations shall prevail.
The Provincial Development Regulations are appended as Appendix C.
Environment & Infrastructure Solutions
wood pie.corn
Page 1
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
2.0
DEFINITIONS
GENERAL NOTE:
A definition marked with one asterisk is also included in the Provincial Development Regulations. A
definition marked with two asterisks is also included in the Urban and Rural Planning Act 2000.
ABANDON means:
1.
to discontinue use for more than six (6) consecutive months;
2.
to cease or suspend developing or maintaining a building or use for a stated period of time.
*ACCESS means a way intended for use by vehicles, pedestrians or animals to go from a street or highway
to adjacent or nearby land or to go from that land to the street.
*ACCESSORY BUILDING means a detached subordinate building not used for human habitation, located
on the same lot as the main building structure or use to which it is accessory, the use of which is naturally
or customarily incidental and complementary to the main use of the building, land or structure, and shall
include:
1.
in the case of residential uses: domestic garages, carports, sheds, swimming pools, greenhouses, cold
frames, fuel sheds, vegetable storage cellars, shelters for domestic pets, and radio and television
antennae;
2.
in the case of commercial uses: workshops and garages;
3.
in the case of industrial uses: garages, offices, raised ramps and docks.
ACCESSORY DWELLING means a dwelling that is subsidiary to a main commercial use and is essential for
the operation of that main use, for example, a farmhouse. An application for an accessory dwelling must
clearly demonstrate that it is critical to the viability of the commercial activity.
*ACCESSORY USE means a use that is subsidiary to a permitted or discretionary main 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.
ADVERTISEMENT - See "SIGN"
AGRICULTURE, CROP means a commercial crop operation, which may include:
1.
the clearing, draining, irrigating or cultivation of land for crop production,
2.
the production of agricultural field crops,
3.
the production of fruit and vegetables and other specialty horticultural crops,
4.
the production of greenhouse crops,
5.
the operation of agricultural machinery and equipment,
6.
storage, use or disposal of organic wastes for farm purposes,
7.
the preparation of a non-livestock farm product for distribution from the farm gate, including cleaning,
Environment & Infrastructure Solutions
wood pie.com
Page 2
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
grading and packaging,
8.
the operation of pick-your-own farms, roadside stands, farm produce stands, and tourist operations as
part of a farm operation, or
9.
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,
10. buildings and structures customarily used in connection with crop agriculture.
AGRICULTURE, LIVESTOCK means a commercial livestock operation, which may include:
1.
the clearing, draining, irrigating or cultivation of land for livestock grazing,
2.
the raising of livestock, including poultry,
3.
the raising of fur-bearing animals,
4.
the raising of bees,
5.
the production of eggs and milk,
6.
the preparation of a livestock, poultry, or dairy product for distribution from the farm gate, including
cleaning, grading and packaging,
7.
the on-farm processing of farm products for the purpose of preparing livestock, poultry, or dairy
products for wholesale or retail consumption,
8.
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,
9.
buildings and structures (i.e. livestock facilities) customarily used in connection with livestock
agriculture.
ALIGNMENT means the common boundary of a street and lot.
AMUSEMENT USE means the use of land or buildings equipped for the playing of electronic, mechanical,
or other games and amusements including electronic games, pinball games and slot machine arcades and
billiard and pool halls.
ANIMAL, DOMESTIC (PET} means any animal normally and customarily kept by domestic households for
pleasure and companionship, excluding poultry, livestock, horses, and similar animals or fowl.
ANIMAL, PERSONAL LIVESTOCK USE means the use of land, buildings, or structures for the limited
keeping of livestock animals for personal use and consumption.
ANIMAL UNIT means any one of the following farmed livestock animals as specified by the Agrifoods
Development Branch (Department of Fisheries and Land Resources):
T pe of Livestock
Dairy Cows
Heifers
---
Veal
Bulls
Environment & Infrastructure Solutions
Average Weight per Animal (kg)
545-640
300
91
545
No. of Livestock per Animal Unit
2
5
1
woodplc.com
Page 3
I
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
-
--
Type of Livestock
Beef cows
Sows (F to F)
Sows
Hogs
-----
Boars
Sheep (ewe)
Sheep (lamb)
Goats
Foxes
Mink
-- --
Rabbits
Laying Hens
Broilers
Pullets
---
Broiler turkey
Heavy turkey
Heavy toms
Average Weight per Animal (kg)
No. of Livestock per Animal Unit
360
2
454
1
150
3
75
6
-
-- -
150
3
54
8
27
16
64
7
11.35
40
3
150
--
2.27
200
1.8
252
.9
500
1.3
350
6.5
70
7.5
60
12
40
ANTENNA means a building, structure, mast, or antenna used to facilitate the receiving or transmitting of
radio, television, telephone, cellular, Internet, or satellite communications.
APARTMENT BUILDING means a residential building containing three or more dwelling units but does
not include row house units.
APARTMENT OVER PERMITTED USE means an apartment in the second or higher storey in a commercial
or other building where the main floor is occupied by a permitted non-residential use.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
*APPLICANT means a person who has applied to Council for an approval or permit to carry out a
development.
APPROVAL IN PRINCIPLE means a preliminary approval of a development conditional upon the
submission of additional plans and details before a development approval or building permit is issued.
AQUACULTURE means:
1.
land devoted to the hatching, raising and breeding of fish or other aquatic plants or animals for sale
or personal use;
2.
a fish farm.
ARTERIAL STREET means a main traffic artery to and through the Planning Area, which is shown as an
arterial street on the zoning maps. Major arterials in Gander include the Trans Canada Highway (Route 1)
and the Gander Bay Road (Route 330). Minor arterials include Cooper Boulevard and Magee Road.
Environment & Infrastructure Solutions
woodplc.com
Page4
Town of Gander
wood.
Development Regulations (Final)
Wood Project #: TF1770707
7 June 2021
ARTS AND CRAFTS STUDIO means a building or portion thereof used for the production, display,
instruction, or sale of arts and/or crafts, but which does not include any activity that might be offensively
dirty or noisy in its operation.
ASSEMBLY OCCUPANCY means the occupancy use of a building, or part thereof, by a gathering of persons
for civic, political, travel, religious, social, educational, recreational or like purposes, or for the consumption
of food or drink.
AUTHORITY means the Municipal Council of the Town of Gander.
AUTO BODY SHOP means a building or a clearly defined space on a lot used for the storage, repair and
servicing of motor vehicles including body repair and painting but does not include an automobile service
station or an automobile sales establishment.
BALCONY means a platform, projecting from the face of a wall of a building, cantilevered or supported by
columns or brackets and surrounded by a balustrade or railing.
BASEMENT means:
1.
that portion of a building partly underground but having less than one-half its clear height below the
average lot grade.
2.
a portion of a building between two floor levels which is partly set underground, but which has at least
one-half of its height, from finished floor to finished ceiling or to the undersides of the floor joints of
the storey next above, as the case may be, above the adjacent average finished grade level adjacent to
the exterior walls of the building.
3.
a storey partly above curb level but having at least one-half of its height above the curb level.
BED AND BREAKFAST means an owner-occupied single dwelling, which includes guest rooms for the
accommodation of travellers. The establishment must be approved for a Tourist Establishment Licence
issued by the Province.
BERM means:
(a) a raised form of earth to provide screening or to improve the aesthetic character;
(b) a mound of earth.
BIG BOX STORE means a retail development that contains at least one retail store with a gross leasable
area of more than 1850 square metres.
BUFFER AREA/STRIP means a parcel or tract of land, with plant material or other landscaping that is used
to separate one use from another to shield or block noise, light or other nuisances.
**BUILDING means:
1.
a structure, erection, alteration or improvement placed on, over or under land or attached, anchored
or moored to land,
2.
mobile structure, vehicle or marine vessel adapted or constructed for residential, commercial, industrial
and other similar uses,
Environment & Infrastructure Solutions
wood pie.com
Page 5
I
I
I
I
I
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
3.
a part of and fixture on a building referred to in subparagraphs (a) and (b), and
4.
an excavation of land whether or not that excavation is associated with the intended or actual
construction of a building or thing referred to in subparagraphs (a) to (c).
BUILDING AREA means the maximum projected horizontal area of building at established grade measured
to the centre of party walls and to the outside of other walls including air wells, and all other spaces within
the building, but excluding open air porches, verandahs, steps, cornices, chimney breasts, fire escapes,
exterior stairways, breezeways, accessory buildings, ramps and open loading platforms.
BUILDING COVERAGE means the area of land covered or permitted to be covered by a building, usually
measured as a percentage of a lot.
BUILDING FOOTPRINT means the greatest horizontal area of a building above grade within the outside
surface of exterior walls or within the outside surface of exterior walls and the centre line of firewalls.
*BUILDING HEIGHT means the vertical distance, measured in metres, from the established grade to:
1.
the highest point of the roof surface of a flat roof,
2.
the deck line of a mansard roof, and
3.
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.
H!~
-
IFfat Roof with
Parapet v.raJ:I
BUILDING INSPECTOR means the inspector(s) appointed by the Town Council of Gander.
*BUILDING LINE (See also SETBACK, FRONTYARD) 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.
Environment & Infrastructure Solutions
wood pie.corn
Page 6
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
BULK STORAGE FACILITY means a place for the outdoor storage or tank storage of large quantities of raw
materials or industrial related goods such as liquids (fuel oil), gases, minerals, pipes, gravel, fertilizers and
grain.
CAMPGROUND means a contiguous parcel of land, managed as a unit, for the accommodation of any
combination of ten (10) or more tents, recreational vehicles, or travel trailers used on a short term or
seasonal basis, and where accessory uses could include an administrative office, clubhouse, snack bar,
laundry, convenience store, swimming pool, washroom, and recreational area or facility.
CARPORT means a private garage of not more than one storey in height, having a roof supported by
columns or piers and enclosures and open to the extent of 50% of the potential total wall area, not including
any wall of a building to which a carport is attached, and is intended to be used for vehicle parking.
CAR WASH means a commercial establishment used for washing or cleaning motor vehicles.
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 related
maintenance facility.
CENTRELINE means, with reference to a street or a highway, a line drawn parallel to and equidistant from
the limits of the road allowance as originally laid out prior to any subsequent road widening.
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 Child Care Act, but which
does not include a school as defined by the Schools Act.
CLUB AND LODGE mearis land, a building, or part of a building used by a non-profit association or
organization for fraternal, social, recreational or religious purposes.
COLLECTIVE RESIDENTIAL means a building in which sleeping units are provided and/or rented for
occupancy by students and/or staff members affiliated with a college, hospital, private school, religious
order, university or similar institution, and which is regulated by such institution. A collective residential unit
may contain communal dining facilities but shall exclude the preparation of meals within the sleeping units
which are provided.
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 and shown as such on the Future Land
Use and Land Use Zoning Maps.
COMMERCIAL RESIDENTIAL means a building, or part thereof, used to provide short-term
accommodation for paying guests. Accommodation may be self-contained (with full kitchen, bathroom and
laundry services) or serviced (laundry service and meals are provided). A commercial accommodation may
include a hotel, motel, inn, or hostel but not a bed and breakfast, tourist cottage establishment, or
campground, which are each defined separately.
Environment & Infrastructure Solutions
woodplc.com
Page 7
I
I
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
COMMUNICATIONS means an establishment or facility in the field of communications, including
publishing companies, printing businesses, radio stations, television stations, and telephone companies.
COMMUNITY CENTRE means:
1.
any tract of land or building or buildings or any part of any buildings used for community activities
whether used for commercial purposes or not, the control of which is vested in the Municipality, a local
board or agent thereof;
2.
a building or part of a building used for community activities without purpose of gain.
COMMUNITY GARDEN means a common outdoor space where residents grow and care for vegetables
and/or flowers for personal consumption or non-commercial purposes.
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.
CONTRACTOR'S YARD means a yard of any general contractor or builder where equipment and materials
are stored or where a contractor performs shop or assembly work.
CONVENIENCE STORE means a retail store that is compatible with a residential area, which does not exceed
a floor area of two hundred square metres (200 m2) and in which at least 80% of the retail floor space is
devoted to the sale and display of groceries.
CORNER LOT means a lot having two or more connecting sides fronting on two or more intersecting or
intercepting streets.
COUNCIL means the Council of the Town of Gander having jurisdiction of the Municipal Plan and
Development Regulations.
COVERAGE - See "Lot Coverage"
CREMATORIUM means a building fitted for the cremation of human remains and includes everything
incidental and ancillary thereto. In these Regulations an application to develop a crematorium will be
considered separately from an application to develop or expand a funeral home.
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, or used for a
government activity not otherwise defined in these Regulations.
DECK means a structure abutting a dwelling or other building that has no walls and is constructed on piers
or a foundation above-grade for use as an outdoor living area.
DEPTH, LOT - See "Lot Depth"
Environment & Infrastructure Solutions
wood pie.com
Page 8
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
DEVELOPER means a person who is responsible for any undertaking that requires a zoning permit, special-
use permit or conditional-use permit.
**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 premises and includes:
1.
the making of an access onto a highway, road or way,
2.
the erection of an advertisement or sign,
3.
the construction of a building,
4.
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:
1.
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,
2.
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,
3.
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, an
4.
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 mean these regulations and regulations and by-laws respecting
development that have been enacted by Council.
DEVELOPMENT SCHEME means a type of plan that becomes a part of the zoning for the property. The
plan depicts site characteristics and development information for the proposed development of a specified
parcel of land that reflects thereon the location of buildings, easements, parking arrangements, public
access, street pattern and other similar features.
*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, a
watercourse, 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 but does not
include a marina or marine facility.
DOMESTIC ANIMAL - See ANIMAL, DOMESTIC (PET)
DOMESTIC SAWMILL - See SAWMILL, DOMESTIC
Environment & Infrastructure Solutions
wood pie.corn
Page 9
I
I
I
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
DOUBLE DWELLING means a building containing two dwelling units, placed one above the other (duplex),
or side by side (semi-detached), 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
or may not be served for consumption on the premises and in which 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.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used or designed
as the living quarters for one household.
EASEMENT means the right to use land, most commonly for access to other property or as a right-of-way
for utility service.
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. An educational use may include supplementary cafeterias, bookstores, recreational facilities, and
assembly uses.
ELEVATION (also Grade, Finished) means:
1.
the final elevation of the ground surface after development;
2.
the average elevation of the finished surface of the ground at ground level measured on any side of a
building or structure.
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.
*ESTABLISHED GRADE means:
1.
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
2.
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.
Environment & Infrastructure Solutions
wood pie.com
Page 10
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
tru t u r
h e ight
, _______ i_ __ _
EXCAVATION means:
1.
the extraction or removal of soil, gravel, or bedrock material to prepare a site for development or to
sell for off-site use
2.
the space created by the removal of soil, gravel, or bedrock material for the purposes of construction.
EXISTING USE means a land use existing as of the effective date of these Regulations.
FENCE means a barrier, railing or other upright structure to mark a boundary, control access, prevent
escape, serve as a landscape feature, or provide some combination of all these functions. The construction
of a fence in requires a development permit.
FLANKING (OR FLANKAGE) YARD means the side yard of a corner lot which side yard extends from the
front yard to the rear yard between the flanking lot line and the nearest main wall of any main building or
structure.
Environment & Infrastructure Solutions
woodplc.com
Page 11
I
I
I
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project # : TF1770707
7 June 2021
ROAD
F ront
Parce l
Bounda r y
FRONT
YARD
FRONT
YARD
0 ~a~:G;-~
i ;!
BU ILDING
-
a:
-
a
a,W
W
~
UJ
~
~ *
* ~
BUILDING
! £
0
-
- - .;;
~
-
IL
,:;
~
-- :.
;;;
REAR
YAR D
REAR
YARD
Re ar
Pa r c el
Boundar y
INTERIOR
CORNER
PARCEL
PARCEL
0 <t
0
~
*FLOOR AREA means the total area of all floors in a building measured to the outside face of exterior walls.
FOOTPRINT, BUILDING - See "Building Footprint."
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.
FRONT LOT LINE - See "LOT LINE, FRONT"
*FRONTAGE - See "LOT FRONTAGE"
FRONTY ARD - See "SETBACK, FRONTY ARD"
FUNERAL HOME means the use of a building for the provision of funeral services, which may include a
facility to prepare human remains for interment and a chapel for commemorative services. While a
crematorium may be permitted as a part of a funeral home, a development application for a crematorium
will be considered separately from a development application for a funeral home.
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 growing
and selling plants and garden equipment 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, theatres, and similar gathering places.
Environment & Infrastructure Solutions
wood pie.corn
Page 12
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
GENERAL GARAGE means land, or a building used 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 a building 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 equipment,
without limiting the generality of the foregoing, includes the following examples:
3.
radio, television, and computer service and repair shops
4.
locksmith shops
5.
small appliance service or repair shops
6.
household and carpenter tool service or repair shops
7.
tools and equipment rental shops
GRADE - See "ESTABLISHED GRADE". Also see "SLOPE".
GREENHOUSE means a building whose roof and sides are made of transparent or translucent material for
the cultivation of plants for subsequent sale, transplanting, or personal use.
GROUP CARE CENTRE means a residential facility accommodating up to but no more than six 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.
HAZARD LAND means land that poses a hazard or constraint to development such as wetlands, organic
soils, steep slopes, flood plains, contaminated soils, and landslide prone areas.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes involving the use of
materials or processes, which because of their inherent characteristics constitute a special fire, explosion,
radiation or other hazard.
HAZARDOUS USE means the use of land or buildings for any purpose that constitutes a hazard by reason
of fire, explosion, radiation, pollution, noxiousness, and risk to human health, or other hazard.
HEAVY EQUIPEMENT REPAIR means an establishment for the repair of vehicles, construction equipment
and apparatus, as well as equipment associated with any form of heavy manufacturing.
HEIGHT - See "BUILDING HEIGHT".
HOBBY FARM means an agricultural operation that is incidental to the principal residential use, is not
carried out for financial gain or reward, or does not constitute a principal income for the farmer or
landowner.
Environment & Infrastructure Solutions
wood pie.corn
Page 13
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
HOME BASED BUSINESS means a secondary use of a dwelling by a resident of the dwelling to conduct a
gainful occupation or business activity.
HOMELESS SHELTER means a facility that provides temporary overnight sleeping accommodations, food,
sanitation, and other forms of support for homeless persons and families, which does not require occupants
to sign leases or occupancy agreements.
HOSTEL means an inexpensive lodging facility for travelers that typically has dormitory-style sleeping
arrangements and may or may not offer meals and planned activities.
HOTEL means a commercial establishment that consists of a building with three or more attached sleeping
units grouped under one roof and accessible from the interior or partially from the exterior, designed to
accommodate the traveling public, which may or may not have facilities for serving meals.
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 vacant land along a built-up street that is suitable for further construction or
development.
INFILLING means the depositing of soil, gravel, or bedrock material to prepare a site for development.
INFRASTRUCTURE means the physical structures that form the foundation for development including
public sewage and water systems, storm-water disposal systems, waste management facilities, electric
power, communications and transportation corridors and facilities and oil and gas pipelines.
INN means a hotel, inn, tavern, public house, or other place of refreshment, the keeper of which is now by
law responsible for the goods and property of his guest.
INSPECTOR means any person appointed or 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, cats or other domestic animals
are boarded, bred, trained, and/or cared for, and may include an animal shelter or pet grooming business,
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.
LANDFILL means a disposal site employing an engineering method of disposing of solid wastes in a manner
that minimizes environmental hazards by spreading, compacting to the smallest volume, and applying cover
material over all exposed waste at the end of each operating day.
Environment & Infrastructure Solutions
wood pie.com
Page 14
Town of Gander
wood.
Development Regulations (Final)
Wood Project #: TF1770707
7 June 2021
LANDSCAPING means any combination of trees, shrubs, flowers, grass or other horticultural elements,
decorative stonework, paving, screening or other architectural elements, all of which is designed to enhance
the visual amenity of a property or to provide a screen between properties in order to mitigate objectionable
features between them.
LIGHT INDUSTRY means the use of any land or buildings for any general industrial use that can be carried
out without hazard, intrusion, or 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 for producing food or other animal derived products, riding (e.g.
horses), boarding, breeding, or improving animal nutrition, for profit, personal use, or otherwise. Livestock
does not include domestic animals as defined in these regulations.
LIVESTOCK AGRICULTURE - See "AGRICULTURE, LIVESTOCK".
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.
LOADING SPACE means an area of land provided for use for the temporary parking of a commercial motor
vehicle where merchandise or materials are loaded or unloaded from the vehicles.
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.
LODGING HOUSE means a dwelling in which at least 2 rooms are regularly rented to persons other than
the immediate family of the owner or tenant.
*LOT means 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 boundary 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 DEPTH means, in relation to a lot:
1.
where the front and rear lot lines are parallel, the horizontal distance between the front and rear lot
lines at right angles to such lines, or
2.
where these lines are not parallel, it shall be the length of a line joining the mid-points of the front and
rear lot lines.
LOT LINE means a common boundary between a lot and an abutting lot or street.
LOT LINE, FRONT means the boundary between a lot and the street on which a lot has its civic address.
Environment & Infrastructure Solutions
wood pie.corn
Page 15
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
REAR
YARD
(SETBACK)
.---.. -·
I ! !
i i 1
I
!-
.,.
SIDE
!
I
YARD
,
(SETBACK) !
LOT LINES
,,_ .,_ , __ .,_ ., ___
,_ ., _____ ,,,
I
i l REQUIRED
' - ' - ' - · .., (i YARD
..
BUILOABLE
AREA
BUILDING AREA
OR FOOTPRINT
i
I
I
---..- ! ~ . -. -. -. -· . --·t,-... __ !.~!.~~-~~-~-~~~-·-
FRONT
I,.
1
,
YARD -
'.~~~~~j-'~~~~L~:~:L _
~~:~~~
LOT FRONTAGE (or WIDTH) means the horizontal distance between side lot lines measured at the building
line.
front ... ,d
tl:x'\ck
-.----------.-- fr nt 101 line
C:
l
lot
QJ
~
deplh
_.__ _______
...... _ r ar lot I in
LOUNGE means licensed premises where liquor is offered for retail sale to patrons, with or without meals,
for consumption only in the licensed lounge and other areas of the premises as approved by the
Newfoundland Liquor Licensing Board.
LUMBER YARD means a facility where building materials such as lumber, plywood, drywall, paneling,
cement blocks and other cement products, and other building materials are stored and sold. Lumber yards
may also perform customized work such as cutting, planning and performing millwork. Lumber yards may
provide for the sale of associated products including tools and fasteners.
MAIN BUILDING means the building or buildings in which the primary use(s) of a lot on which the building
is located is conducted.
Environment & Infrastructure Solutions
wood pie.corn
Page 16
Town of Gander
wood.
Development Regulations (Final)
Wood Project # : TF1770707
7 June 2021
MAIN USE means the primary use for which a building, structure or lot is designed, arranged, or intended,
or for which a lot may be used under this regulation.
MANSE means a house in which the minister of a church or other place of worship lives.
MARINA means a dock or basin together with associated facilities where slips, moorings, supplies, repairs,
storage, rentals, refueling, and other services available for boats and other watercraft. Associated facilities
may include boathouses, storage facilities, clubhouses and catering facilities.
MARKET GARDEN means a small plot (typically one to a few acres) of land where vegetables, fruit and
flowers are grown and sold to the public. It may consist of a combination of outdoor and greenhouse crops.
Market gardens are typically from one to a few acres in size. Many consist of large greenhouses, or a
combination of plants grown both indoors and outdoors. Market gardens typically grow and sell a wide
range of crops through gardening rather than intensive farming, manual harvesting, and direct sales to the
public.
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 service 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.
MEDICAL TREATMENT AND SPECIAL CARE means the medical care, supervision, and skilled nursing care
of persons suffering from sickness, disease or injury, or for convalescent or chronically ill persons.
MINERAL EXPLORATION means the searching for minerals or mineral occurrences, 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.
MINI-HOME SUBDIVISION means a mini-home development requiring the subdivision of land whether in
single or joint ownership into two or more pieces or parcels of land for the purpose of locating thereon
mini-home units where the maintenance of streets and services is the responsibility of Council.
MINING means the use of land or buildings for the extraction of ores and/or salts.
MINISTER means the Minister responsible for the Urban and Rural Planning Act 2000.
MINOR WATERCOURSE means a watercourse that flows for only part of the year, such as during snowmelt,
spring runoff, rainstorms, and wet periods.
Environment & Infrastructure Solutions
woodplc.com
Page 17
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
MOBILE HOME means a transportable factory-built single family dwelling unit:
1.
which complies with space standards substantially equal to those laid down in the current edition of
the National Building Code of Canada and is in accordance with the construction standards laid down
and all other applicable Provincial and Municipal Codes and;
2.
which is designed to be:
a. transported on its own wheels and chassis to a mobile home lot, and subsequently
supported on its own wheels, jacks, posts or piers, or on a permanent foundation and;
b. connected to exterior public utilities approved by the Authority, namely, piped water, piped
sewer, electricity and telephone, in order for such mobile home unit to be suitable for year
round term occupancy.
MODULAR HOME means a dwelling unit constructed in accordance with the standards applicable to site-
built homes in the National Building Code and comprised of components assembled in a manufacturing
plant and transported to the building site for final assembly on a permanent foundation.
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.
MULTI-USE TRAIL means a recreational trail for multiple purposes including non-motorized uses such as
hiking and motorized uses such as snowmobiles and ATVs.
NEIGHBOURHOOD CENTRE means the use of a building or part thereof by any association for the
purposes of community development and/or social activities within a specified neighbourhood without
purpose of gain.
*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.
NON-RESIDENTIAL when used with reference to a building, structure or use, means designed, intended or
used for purposes other than those of a dwelling.
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, which 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.
OCCUPANCY means the use or intended use of a building or part thereof for the shelter or support of
persons, animals or property.
Environment & Infrastructure Solutions
wood pie.com
Page 18
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood. 1
7 June 2021
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 (USE) means land that is open to the sky and is set aside for preserving natural areas, creating
spatial buffers between different types of land uses, and/or developing gardens and passive recreation uses.
Examples of open space uses include community gardens, woodlands, fields, walking trails, picnic areas,
and other passive recreational facilities, but does not include structures such as buildings, tennis courts, and
outdoor ice rinks.
OUTDOOR ASSEMBLY means land or outdoor facilities used as a gathering place for substantial numbers
of people and, without limiting the generality of the foregoing, includes bleachers, grandstands, outdoor
ice rinks and swimming pools, amusement parks, fair grounds, exhibition grounds, drive-in theatres, and
similar gathering places.
OUTDOOR MARKET means land where individual vendors operating from defined areas offer for sale,
articles for consumption such as fresh fruit and vegetables, raw poultry, fish, meat and eggs, honey or cider,
cut flowers, bedding plants, shrubs and trees, or baked goods, cheese or processed meats, as well as
furniture, and handicrafts.
OUTDOOR STORAGE means the storage of merchandise, goods, inventory, materials or equipment or
other items which are not intended for immediate sale, by locating them outside.
*OWNER means a person or an organization of persons owning or having the legal right to use the land
under consideration.
PARKING AREA means a designated area on a lot, other than a driveway, for off-street parking of
automobiles.
PARK means an area of land set aside for public recreational purposes and may include, but is not limited
to, playgrounds, tennis courts, lawn bowling areas, baseball fields, soccer and other athletic fields, outdoor
rinks, swimming pools, areas designed for passive enjoyment and similar uses and includes the buildings
and structures in connection therewith.
PARKING, OFFSTREET means the on-site parking allotment required for a given property based on a
specific use or uses carried out there.
PARKING LOT means an open area of land other than a street or an area within a
structure for the parking of vehicles.
PARKING SPACE means a designated space in a parking area or a driveway adequate for one automobile
with room to open doors on both sides, together with related maneuvering room and access to a public
street.
PASSIVE RECREATIONAL USE means a recreation activity that 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.
Environment & Infrastructure Solutions
wood pie.corn
I
Page 19
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
*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 LIVESTOCK USE - See "ANIMAL, PERSONAL LIVESTOCK USE"
PERSONAL SERVICE means a business service oriented to the personal health or grooming needs of
persons or the maintenance or repair of personal wardrobe articles and accessories, and without limiting
the generality of the foregoing, may include barber shops, beauty parlours, shoe repairs, clothing
alterations, self-service laundries, exercise gyms, computer services, hobby shops, and photo studios.
PETROLEUM EXPLORATION means the searching for petroleum or petroleum occurrences, wherein, for
the purposes of these Regulations, it involves appreciable soil disturbance, uses equipment other than hand
tools, and/or involves the construction of roads to access the exploration site.
PETROLEUM EXTRACTION means the use of land or buildings for the extraction of petroleum oil and/or
natural gas.
PIT - See "Mineral Working"
PLACE OF WORSHIP means a building dedicated to religious workshop and includes a church, synagogue,
temple or assembly hall and may include such accessory uses as a nursery school, a school of religious
education, convent, monastery or parish hall.
PLANNED UNIT DEVELOPMENT (PUD) means a type of development that meets overall municipal density
and land use standards without being fully bound by zoning requirements. A PUD is planned and built as a
unit thus fixing the type and location of uses and buildings over the entire project. It may include clustering
of buildings, common open space, and incorporation of various building types and mixed land uses.
Potential benefits of a PUD include more efficient site design, preservation of open space, lower
construction costs, and lower maintenance costs for the municipality.
**PLANNING AREA means a municipal planning area established under section 6 and 11 of the Act. The
Planning Area encompasses all of the Gander municipal boundaries as well as land outside the municipal
boundaries. The Planning Area encircles, but does not take in, the community of Benton.
PLAYGROUND means an area of landscaped open space equipped with children's play equipment such as
slides, swings or wading pools.
PROFESSIONAL SERVICE means a service requiring specialized knowledge or training including but not
limited to architecture, accounting, engineering, legal services, financial services and advice, tax preparation
services, IT services, business support, and management services.
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 Council specifies as not permitted within a use zone.
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.
Environment & Infrastructure Solutions
wood pie.corn
Page 20
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
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 USE means any lands, structure or building which is constructed for use by the general public,
including but not limited to parks, playgrounds, trails, paths and other recreational and open spaces, scenic
and historic sites, publicly funded buildings such as schools, hospitals, libraries and other public buildings
and structures.
QUARRY (also see "Mineral Working") means a place where consolidated rock has been or is being,
removed by means of an open excavation to supply material for construction, industrial or manufacturing
purposes, but does not include a wayside quarry or open pit metal mine.
*REARYARD - See "SETBACK, REARYARD"
REARYARD DEPTH means the distance between the rear lot line and the rear wall of the main building on
a lot.
RECREATIONAL DWELLING means a single dwelling that is used primarily for seasonal recreational
purposes and is not inhabited on a full-time basis.
RECREATIONAL OPEN SPACE means an outdoor recreational use for the conduct of sports and/or leisure
activities, and may include a park, playground, outdoor rink, golf course, playing field, dog park, outdoor
theatre, water slide, multi-use trail, or similar outdoor facility.
RECREATIONAL VEHICLE means a motor vehicle, usually with facilities for sleeping and eating, used for
recreational activities such as camping.
RECYCLING FACILITY means a facility in which waste products are reduced to raw materials and
transformed into new and often different products.
RECYCLING DEPOT means premises on which recoverable materials such as newspaper, cardboard,
glassware, drink containers, plastic, metal cans, and electronic items are separated prior to shipment but
does not include a salvage yard or any facilities for processing of the materials.
RESIDENTIAL CARE HOME means a facility for the accommodation and care of aged, sick, injured, or
special needs persons, and may include a personal care home, nursing home, rest home, or seniors' home,
but does not include a "retirement home" as defined in this section.
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.
RETIREMENT HOME means a residential building or premises with self-contained dwelling units designed
for people who do not require a high level of assisted home care. Provision of services such as snow clearing,
grounds maintenance, and activity programs may be provided but each dwelling unit has its own cooking
and self-care facilities.
REZONING means an amendment or change to the zoning on the Land Use Zoning map.
Environment & Infrastructure Solutions
woodplc.com
Page 21
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
ROW DWELLING (OR TOWNHOUSE) means a dwelling containing not less than three dwelling units at
ground level in one building, each unit separated vertically from the others and with individual entrances
directly from the outside.
SALVAGE YARD means premises where scrap metals or other scrap materials are sorted or stored; or where
automobiles, other vehicles, machinery, or parts thereof are dismantled, demolished, or stored; or where
used goods, wares, merchandise, or articles are processed for further use. This definition excludes recycling
facility.
SAWMILL, DOMESTIC means a sawmill licensed under the Forestry Act, which is approved for personal and
private (i.e., non-commercial) use only.
SCREENING means the use of landscaping, trees, fences, berms or a combination thereof to visually and/or
audibly separate areas of land uses.
SECONDARY SUITE means a separate dwelling unit not exceeding 80% of the floor area of all storeys of
the other dwelling units or 80 m2, whichever is the lesser.
SELF-SERVICE STORAGE FACILITY means a building consisting of individual, small, self-contained units
that are leased or owned for the storage of business and household goods and supplies.
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, and the repairing, washing and polishing of motor vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the purpose of limiting
direct access to that street.
SETBACK means the least horizontal distance permitted between a lot line of a lot and the nearest portion
of any building envelope on a lot.
SETBACK, FRONTYARD means the distance between the "building line" as defined in these regulations
and the front street line of a lot.
SETBACK, REARYARD means the distance between the rear lot line and the rear wall of the main building
on the lot.
SETBACK, SIDEYARD means the distance between the side lot line and the nearest sidewall of a building
on the lot.
Environment & Infrastructure Solutions
wood pie.corn
Page 22
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
ILLUSTRATION Of YARDS AND YARD SETBACKS
rMr yard
; tr
.r
\', ll tl
s,,11 ar~
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 of retail services
but does not include an establishment wherein the primary purpose is the serving of meals or refreshments,
an amusement use, a general garage, or a service station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated parking and which
is planned, developed and designed as a unit.
*SIDEVARD - See "SETBACK, SIDEVARD"
*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 as memorials, functional advertisements of Council or other local
authorities, public utilities and public transport undertakers, and including any boarding or similar structure
used or adapted for the display of advertisements.
SIGHT TRIANGLE means a triangle-shaped portion of land established at a street intersections in which
nothing can be erected, placed, planted or allowed to grow in such a manner as to obstruct the sight
distance of motorists entering or leaving the intersection. The triangular-shaped portion of land is formed
by the street lines and a line drawn from a point on one street line to a point in the other street line.
Environment & Infrastructure Solutions
wood pie.corn
Page 23
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
.,..
l
~
l
Slrcl!t
triangle
e
,...,
,._3'1l -
building
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.
SLIPWAY means a ramp on the shore by which boats can be launched or removed from the water.
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 (rise) by the change in horizontal distance (run).
Slope (%) = Rise (m) / Run (m)
Rise
........... -~ ............ .
Run
Environment & Infrastructure Solutions
wood pie.corn
Page 24
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
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.
*STREET means a street, road or highway or other way designed for the passage of vehicles and pedestrians
with the following characteristics:
1.
it is accessible by fire department and other emergency vehicles,
2.
it includes related infrastructure, for example, the roadway itself, side ditches, culverts, and bridges,
and
3.
its maintenance is the responsibility of Council or the Provincial Department of Transportation and
Works.
STREET CENTRE LINE as used by the Province under the Protected Road Zoning Regulations means the
centre of the roadway in the case of an undivided highway, and the centre of the nearest driving lane in the
case of a divided highway. The street centre line is used to establish building control lines along Protected
Provincial Highways, which in Gander include the Trans Canada Highway (Route 1) and the Gander Bay
Highway (Route 330).
STREET FRONTAGE means the horizontal distance between the projected side lot lines measured at the
curb.
*STREET LINE means the edge of a street reservation as defined by Council or the Province.
STREET RESERVATION means the entire right-of-way in which a street or highway roadway is located, and
which is public property owned by the Town of or the Province.
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.
**SUBDIVISION means the dividing of 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 but does not include a secondary suite.
SURFACE WATER means any flowing or standing water on the surface of the earth.
SWIMMING POOL means any in-ground or aboveground structure capable of containing water with a
minimum depth of 90 cm (0.9 m), including swimming pools, non-portable wading pools, and landscape
water features, but excluding hot tubs.
TAKE-OUT FOOD SERVICE means a building in which meals and refreshments are prepared and sold for
consumption off the premises.
TEMPORARY USE means a use or structure permitted to exist for a limited amount of time.
TEMPORARY VENDING FACILITY means a transient facility or structure such as a trailer, hotdog stand, ice
cream cart, or tent that is used to display, store, or sell food, beverages, articles or goods to the public.
Environment & Infrastructure Solutions
woodplc.com
Page 25
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
TINY HOUSE means a single dwelling unit that complies with the National Building Code, is designed to
be used with a permanent foundation, has permanent provisions for living, sleeping, eating, cooking and
sanitation, and is not fitted with facilities for towing or to which towing apparatus can be attached.
TOURIST COTTAGE ESTABLISHMENT means a contiguous parcel of land, managed as a unit, consisting
of three (3) or more self-contained accommodation 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 - See "ROW HOUSE"
TRAILER means a vehicle used for temporary sleeping accommodation and constructed so as to be suitable
for being attached to and drawn by a motor vehicle, notwithstanding that such vehicle is jacked up or has
its running gear removed.
TRANSPORTATION means transportation infrastructure such as airfields, streets, bridges, culverts, and
sidewalks, along with associated buildings and structures.
*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 apply.
UTILITY means a facility used to provide the public with electricity, heat, steam, communications, water,
sewage, waste disposal, recycling, or similar services.
*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 these Development
Regulations.
VEHICLE REPAIR means the general repair, rebuilding, or reconditioning of engines, motor vehicles, or
trailers such as collision service, body repair and frame straightening; painting and upholstering; vehicle
steam cleaning; and undercoating.
VEHICLE SALES AND RENTAL ESTABLISHMENT means an establishment having as its main use the
storage of automobile and/or recreational vehicles for sale, rental or lease. Accessory uses may include
facilities for the repair or maintenance of such vehicles.
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.
WAREHOUSE means a building used primarily for the storage of goods and materials.
WASTE TRANSFER STATION means a building or site used for the collection, storage and transfer of solid
waste to another place for recycling, treatment, or disposal.
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.
Environment & Infrastructure Solutions
wood pie.com
Page 26
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
WATERCOURSE means the full width and length, including the bed, banks, side and shoreline, or other -
part, of a river, stream, spring, brook, lake, pond, reservoir, canal, estuary, or other natural or artificial
freshwater body or channel open to the atmosphere, the primqry 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 land whose soil is saturated with moisture either permanently or seasonally. Wetlands
include swamps, marshes, bogs, fens, and shallow water, among others.
WETLAND STEWARDSHIP means the careful and responsible management of wetlands including the wide
range of actions and activities of individuals, communities, corporations, groups and organizations acting
alone or in partnership to ensure the continued health and sustainability of Newfoundland and Labrador's
wetlands.
WORKSHOP means a building or structure where manufacturing is performed by tradesmen requiring
manual or mechanical skills and may include a carpenter's shop, a locksmith's shop, a gunsmith's shop, a
tinsmith's shop, a commercial welder's shop or similar uses.
ZONE - See "USE ZONE"
*ZONING MAP means the map or maps attached to and forming part of the Regulations.
Environment & Infrastructure Solutions
wood pie.corn
Page 27
I
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
3.0
GENERAL REGULATIONS
3.1
Compliance with Regulations
No development shall be carried out within the Planning Area except in accordance with these Regulations.
3.2
Permit Required
No person shall carry out any development within the Planning Area except where otherwise provided in
these Regulations unless a permit for the development has been issued by Council.
3.3
Permit to be Issued
Subject to Regulation 3.4 and Regulation 3.5, with the exception Gander International Airport lands, a
permit shall be issued for development within the Planning Area that conforms to all requirements of these
Regulations, including:
1.
Part 4 - General Development Standards
2.
Part 5 - Specific Use Regulations
3.
Part 6 - Subdivision of Land in the case of subdivision
4.
Part 7 - Signs
5.
Part 8 - Use Zones
6.
Part 9 - Use Zone Tables, including permitted and discretionary use classes, development standards
and conditions.
7.
The National Building Code of Canada and other ancillary codes, waste disposal regulations, and any
other municipal regulation in effect in the Planning Area regulating or controlling development,
conservation, and use of land and buildings.
8.
Other standards of design and appearance established by Council.
3.4
Permit Not to be Issued in Certain Cases
A permit or approval in principle shall not 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.
3.5
Discretionary Powers of Council
1.
Council has discretionary authority to conditionally approve a development if and only if:
a.
The development is in relation to a land use that is listed as a discretionary use in the zone
in which the development is proposed.
b.
The development is in relation to a variance of no more than 10% to a development
standard stated in the Development Regulations.
Environment & Infrastructure Solutions
wood pie.com
Page 28
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
c.
The development is in relation to a change in a non-conforming use as authorized under
Section 108 of the Act.
d.
When considering a, b or c above, the development must be consistent with (i.e. not
contrary to) the policies expressed in the Municipal Plan and any further scheme, plan or
regulations applicable to the subject property.
e.
The development will not detract from the general appearance of the area, the amenity of
the surroundings, or public safety and convenience.
f.
The capacity of municipal streets, water, sewer, and related infrastructure is sufficient to
service the development.
g.
It will not have negative effects with regard to other considerations that in Council's opinion
are material.
2.
Where Council is considering an application for a discretionary use, it will give public notice in
accordance with Regulation 3.15.
3.
When approving or refusing a discretionary use, Council shall state in writing the basis for its approval
or refusal.
3.6
Variances
1.
Where an approval or permit cannot be given by Council because a proposed development does not
comply with development standards set out in development regulations, Council may, in its discretion,
vary the applicable development standards to a maximum of 10% 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 public interest.
2.
Council 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.
Council shall not permit a variance from development standards where the proposed development
would increase the non-conformity of an existing development.
4.
Where Council is to consider a proposed variance, in accordance with Regulation 3.15, Council 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 and allow a minimum period of
7 days for response.
3.7
Non-Conforming Uses
1.
Notwithstanding the Municipal Plan, a scheme or regulations made under the Act, Council shall, in
accordance with regulations made under the 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
Environment & Infrastructure Solutions
woodplc.com
Page 29
I
I
I
I
I
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
that the non-conforming use legally existed before the registration of the Municipal Plan and these
Development Regulations under Section 24 of the Act made with respect to that kind of development
or use.
2.
Notwithstanding Paragraph (1), a right to resume a discontinued non-conforming use of land shall not
exceed 6 months after that discontinuance unless otherwise provided by regulation under the Act.
3.
A building, structure or development that does not conform to a scheme, plan or regulations made
under the Act that is allowed to continue under Subsection (1);
a.
shall not be internally or externally varied, extended or expanded unless otherwise
approved by Council or authorized administrator;
b. shall not be structurally modified except as required for the safety of the building, structure
or development;
c.
shall not be reconstructed or repaired for use in the same non-conforming manner where
50% or more of the value of that building, structure or development has been destroyed;
d. may have the existing use for that building, structure or development varied to a use that,
in Council's opinion, is more compatible with a plan and regulations applicable to it;
e.
may have the existing building extended by Council where, in its opinion that extension is
not more than 50% of the existing building;
f.
where the non-conformance is with respect to the standards included in development
regulations, shall not be expanded if the expansion would increase the non-conformity;
g. 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; and
h. where the building or structure is primarily zoned and used for residential purposes, may,
in accordance with the appropriate plan and regulations, be repaired or rebuilt where 50%
or more of the value of that building or structure is destroyed.
4.
In accordance with Regulation 3.15, where considering a non-conforming building, structure or
development and before making a decision to vary an existing use of that non-conforming building,
structure or development, Council, 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.
3.8
Service Levy
1.
In accordance with Section 149(2) of the Municipalities Act 7999, 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 levy on the property.
2.
The amount of a service levy shall be determined by Council, but shall not exceed the cost, including
Environment & Infrastructure Solutions
wood pie.com
Page 30
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
finance charges, to Council of constructing or improving the public works that are necessary for the
real property to be developed in accordance with Council's standards 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 benefitted by the public work related to all the real property
so benefitted; and,
b. The density of development made capable or increased by the public work.
4.
Council may require a service levy to be paid by the owner of the property benefitted and may specify
the time for payment.
3.9
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 guarantee the payment of service levies,
ensure the development is completed within a reasonable timeframe, ensure site reinstatement, and
to enforce the carrying out of any other condition attached to a permit or license.
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.
3.10
Dedication of Land for Public Use
In accordance with the requirements for the dedication of land under Regulation 6.10, Council will require
that a percentage of the land area of any subdivision or other development be dedicated for public use,
and such land will be conveyed to Council in accordance with the Act.
3.11
Reinstatement of Land
Where the use of land 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 reinstate the site, remove all or any buildings or
erections, cover or fill all wells or excavations, and close all or any accesses, or 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.
3.12
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
Environment & Infrastructure Solutions
wood pie.corn
Page 31
I
I
I
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
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 relevant to the application.
3.13
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.
3.14 Deferment of Application
1.
Council may, with the written agreement of the applicant, defer consideration of an application.
2.
An application that was properly submitted in accordance with these Regulations, which has 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.
3.15
Notice of Application
1.
Notice of an application to Council shall, at the applicant's expense, be given when:
a.
A variance is to be considered under Regulation 3.6 - Variances.
b. A change in a non-conforming use is to be considered under Regulation 3.7 - Non-
Conforming Uses.
c.
A proposed discretionary use is to be considered in accordance with Regulation 8.5 -
Discretionary Uses.
d. Council deems that the public should be notified.
2.
In accordance with Regulation 3.6(4) of these Regulations and Section 13 of the Provincial
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 from the posting of the notice will be provided
for persons to respond.
3.
In accordance with Regulation 3.7(4) of these Regulations and Section 15 of the Provincial
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 one or more of the
following: Council's webpage, social media page, the Community Channel, local bulletin boards, or by
advertisement in a newspaper circulating in the area. A minimum of ten (10) days from the posting of
the notice will be provided for persons to respond.
4.
In accordance with Regulation 8.5 of these Regulations, notice of an application to develop a
discretionary use, or which otherwise requires Council's discretionary approval, will be given directly to
persons who are likely to be affected, and in addition will be posted on one or more of the following:
Council's webpage, social media page, the Community Channel, local bulletin boards, or by
advertisement in a newspaper circulating in the area. A minimum of ten (10) days from the posting of
the notice will be provided for persons to respond.
Environment & Infrastructure Solutions
woodplc.com
Page 32
Town of Gander
wood.
Development Regulations (Final)
Wood Project #: TF1770707
7 June 2021
5.
For any other development that Council deems the public should be made aware, notice of application
will be given directly to persons who are likely to be affected, and in addition will be posted on one or
more of the following: Council webpage, social media page, the Community Channel, local bulletin
boards, or by advertisement in a newspaper circulating in the area. A minimum of ten (10) days from
the posting of the notice will be provided for persons to respond.
3.16 Approval in Principle
1.
Council may grant approval in principle for a subdivision, construction or alteration of a building, or
other form of development if, after considering an application for such approval in principle, it
determines that the proposed development complies generally with the Municipal Plan and these
Regulations.
2.
Council may attach to the approval in principle such conditions or details that that the applicant will
be required to address before a final development permit will be granted.
3.
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.
4.
Approval in principle will not constitute permission to commence development. No form of
development will commence until Council has issued a final development permit.
5.
Approval of a proper development permit will be based on whether the final application complies with
these Regulations and all details and conditions that may have been attached to the approval in
principle.
6.
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.
7.
A decision by Council on an application for an approval in principle can be appealed in accordance
with Section 42 of the Act.
3.17
Development Permit
1.
A plan or drawing which has been approved by Council and which bears a mark and/or signature
indicating such approval together with a permit shall be deemed to be permission to develop land in
accordance with these Regulations but such permission shall not relieve the applicant from full
responsibility for obtaining permits or approvals under any other regulation or statute prior to
commencing the development; from having the work carried out in accordance with these Regulations
or any other regulations or statutes; and from compliance with all conditions imposed thereunder.
2.
Council may attach to a development permit such conditions as it deems fit to ensure that the
proposed development will be in accordance with the purposes and intent of these Regulations.
3.
Where Council deems necessary, permits may be issued on a temporary basis for a period not
exceeding two years, which may be extended in writing by Council for further periods not exceeding
two years.
4.
A permit is valid for such period, not in excess of two years, as may be stated therein, and if the
Environment & Infrastructure Solutions
wood pie.com
Page 33
I
I
I
I
I
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
5.
6.
development has not commenced, the permit may be renewed for a further period not in excess of
one year, but a permit shall not be renewed more than once, except in the case of a permit for a sign,
which may be renewed in accordance with Part 7 of these Regulations.
The approval of any application and plans or drawings or the issue of a permit shall not prevent Council
from thereafter requiring the correction of errors, or from ordering the cessation, removal of, or
remedial work on any development being carried out in the event that the same is in violation of this
or any other regulations or statute.
Council may revoke a permit for failure by the holder of it to comply with these Regulations or any
condition attached to the permit or where the permit was issued in error or was issued on the basis of
incorrect information.
7.
No person shall erase, alter or modify any drawing or specifications upon which a permit to develop
has been issued by Council.
8.
There shall be kept available on the premises where any work, matter or thing in being done for which
a permit has been issued, a copy of the permit and any plans, drawings or specifications on which the
issue of the permit was based during the whole progress of the work, or the doing of the matter or
thing until completion.
3.18
Permit Fees
Council may charge a fee for a development permit in accordance with the schedule of fees adopted by
Council.
3.19
Licenses, Permits, and Compliance with Other Bylaws and Legislation
1.
Nothing in these Regulations will exempt any person from complying with the requirements of any
bylaw in force within the Town of Gander, or from obtaining any license, permission, permit, authority
or approval required by any statute or regulation of the Province of Newfoundland and Labrador or
the Government of Canada.
2.
If Council deems that· a proposed development may be affected by a provincial or federal act or
regulation, the applicant may be required to provide confirmation that necessary government
approvals have been obtained before Council will issue a development permit.
3.
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 Municipal Affairs and
Environment before Council will issue a development permit.
4.
Where these Regulations are more stringent than a provincial or federal act of regulation, these
Regulations will apply.
3.20
Reasons for Refusing or Setting Conditions on a Permit
Council shall, when refusing to issue a permit or attaching conditions to a permit, state in writing the reasons
for so doing.
Environment & Infrastructure Soil/tions
wood pie.com
Page 34
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
3.21
Delegation of Powers
Council shall, when designating employees or contractors to whom a power is to be delegated under
Section 109(2) of the Act and Section 1.6 of these Regulations, make that designation in writing.
3.22
Right of Entry
An inspector or other official so authorized by Council may enter upon any public or private land and may
at all reasonable times enter any development or building upon the land for the purpose of making surveys
or examinations or obtaining information relative to the carrying out of any development, construction,
alteration, repair, or any other works whatsoever which Council is empowered to regulate.
3.23
Record of Violations
Every inspector shall keep a record of any violation of these Regulations which comes to his/her knowledge
and report that violation to Council.
3.24 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 or work connected therewith pending final
adjudication in any prosecution arising out of the development.
2.
A person who does not comply with an order made under Paragraph (1) is guilty of an offence under
the provisions of the Act.
3.25
Notice of Right to Appeal
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:
1.
Person's right to appeal the decision to the appeal board,
2.
Time by which an appeal is to be made,
3.
Right of other interested persons to appeal the decision, and
4.
Manner of making an appeal and the address for the filing of the appeal.
3.26 Appeals
Sections 6 to 11 of the Provincial Regulations (See Appendix C) 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.
3.27
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.
Environment & Infrastructure Solutions
wood pie.com
Page 35
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
4.0
GENERAL DEVELOPMENT STANDARDS
4.1 .
Access and Service Streets
1.
Every access to a street shall be located to the specification of Council to ensure the safety and
efficiency of the street system. Council may require the construction of a service street to reduce the
number of accesses to an arterial street.
2.
Every access to a Protected Provincial Highway must also be approved by the Department of
Transportation and Works and Service Newfoundland and Labrador_
3.
No access will be closer than 10 metres to the street line of any street intersection.
4.2
Accessory Buildings
Refer to the Gander Accessory Buildings Regulation.
4.3
Accessory Uses
Where these regulations provide for any land to be used, or a building to be erected or used for a purpose,
the purpose shall include any accessory use. An accessory use shall be clearly subsidiary and complementary
to the main use, controlled so as to be compatible in character, use and size with the main use and nearby
properties, and subject to special conditions set out in these Regulations or specified on a case-by-case
basis by CounciL
4.4
Archaeological Sites
1.
Gander has a number of known aircraft wrecks and other historic resources located within the Planning
Area boundaries which are protected under the Historic Resources Act. No development, excavation, or
other disturbance of land will be permitted inside a buffer of 100 metres of the perimeter of these sites
without first notifying the Provincial Archaeology Office so that necessary measures can be taken to
ensure that the site is not disturbed or destroyed. At its discretion, Council may apply this restriction
to future sites that are identified.
2.
When receiving an application for a proposed development or activity involving ground disturbance
in the vicinity of a known historic resource or along the shorelines of Gander Lake, Soulis Pond, Home
Pond, Boot Pond, Deadman's Pond, Whitman's Pond or Jonathan's Pond, Council will notify the
Provincial Archaeology Office for review prior to providing approval for commencement of the project.
3.
If a historic archaeological site or artifact 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.
4.5
Buffer Strips
1.
Industrial Buffers
Where any industrial development permitted in any Use Zone abuts an existing or proposed residential
area, or is separated from it by a road only, the owner of the site of the industrial development shall provide
a buffer strip not less than ten (10) metres wide between any residential activity and the industrial area. The
Environment & Infrastructure Solutions
wood pie.corn
Page 36
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
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.
2.
Solid Waste Disposal Site Buffers
Any proposed development within the Solid Waste Disposal Site Buffer as shown on the zoning maps shall
be referred to the Department of Municipal Affairs and Environment for approval before a permit will be
issued by the Town.
3.
Fire Hydrant Buffers
No building, fence, hedge or other structure will obstruct access to a fire hydrant from the street, obstruct
the visibility of a fire hydrant from the street, or protrude closer than 3.0 metres to a fire hydrant.
4.6
Building Accessibility
All commercial, public and institutional buildings shall be constructed in conformity with the Buildings
Accessibility Act and Regulations to ensure accessibility for persons with physical and/or sensory disabilities.
4.7
Building Height
Council may permit the erection of buildings of a height greater than that specified in Part 9 - Use Zone
Tables, but in such cases the building line setback and rear yard requirements shall be varied as follows:
1.
The building line setback shall be increased by 2 metres for every 1 metre increase in height.
2.
The rear yard shall not be less than the minimum building line setback calculated as described in (a)
above plus 6 metres.
4.8
Height Exceptions
The height requirements prescribed in Part 9 of these Regulations may be waived in the case of
communication masts and antennas, flagpoles, water towers, spires, belfries, or chimneys, but any such
waiver which results in an increase of more than 10% in the permitted height of the structure shall only be
authorized under the provisions of Regulation 3.6 - Variances.
4.9
Airport Height Restrictions
The height above sea level of any structure in any Land Use Zone may be subject to the limitations of Gander
Airport Building Height Constraints.
4.10 Airport Noise
New residential subdivision development within the 30 Noise Exposure Forecast (NEF) Contour (see Zoning
Map 2) may be required to include the use of soundproofing materials in the exterior walls and windows of
proposed residential buildings. Transport Canada shall be consulted for advice on noise impacts and
mitigation measures.
4.11
Building Line and Setback
1.
Building line setbacks from roads shall be provided to preserve specified road right-of-way widths.
Setbacks should be sufficient to allow space for pedestrians, landscaping, snow clearing and storage,
Environment & Infrastructure Solutions
wood pie.corn
Page 37 I
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
and the parking and movement of vehicles clear of the road allowance.
2.
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 Part 9 - Use Zone Tables.
3.
A frontyard building line setback is measured from the front property line.
4.
A sideyard setback is measured from the side property line. Sideyard setbacks shall be provided on the
exposed sides of every building to ensure safe distances between buildings on adjoining lots and
provide access for building maintenance. An exception may be made for an access ramp as noted in
Regulation 5.1.
5.
The building line along Provincial highways shall not be less than that specified under the provincial
Building Near Highways Regulation. In Gander the highway building lines are as follows:
a.
30 metres from the centreline along the Trans-Canada Highway
b. 20 metres from the centreline along the Gander Bay Road
4.12
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.
2.
A proposed new use on a multiple-use lot may not be permitted where Council deems that the use
might be incompatible with existing uses on or adjacent to the lot by reason of safety, amenity,
appearance, or nuisance.
4.13
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 set out in Part 9 - Use Zone Tables 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 Part 9 for the Use Zone in which the lot is
located. These allowances shall be maintained when the adjacent land is developed.
4.14 Lot Area
1.
No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof or
otherwise, so that any building or structure on such lot shall have a lot coverage that exceeds, or a
frontyard, rearyard, sideyard, frontage, or lot area that is less than, that permitted 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 frontyard, sideyard, or
rearyard, 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.
Environment & Infrastructure Solutions
wood pie.corn
Page 38
Town of Gander
wood.
Development Regulations (Final)
Wood Project #: TF1770707
7 June 2021
4.15
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 yard setbacks and floor area are not less than the standards set out in these
Regulations.
4.16
Lot Frontage
Except where specifically provided for in Part 9 - Use Zone Tables, no building shall be erected unless the
lot on which it is situated fronts directly onto a street.
4.17 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.
4.18 Screening and Landscaping
(Refer also to the Gander Landscape Regulations)
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
protect the environment, character, and appearance of the area.
4.19
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 it deems that 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.
4.20
Land Capability and Suitability for Development
The following provisions will apply to all proposed land developments, ranging in scale from individual lots
to large-scale multi-lot developments.
1.
When reviewing a development application, Council shall consider:
a.
the capacity of existing municipal water and sewer infrastructure to service the
Environment & Infrastructure Solutions
woodplc.com
Page 39
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
development,
b. the capacity of existing streets to handle anticipated traffic load to the development,
c.
the capability and suitability of the site in terms of soils, geology, water table, potential
alterations to drainage patterns, and potential stormwater impacts on nearby properties
and watercourses, and
d. other factors that Council deems to be relevant.
2.
A permit to develop will not be granted when in Council's opinion existing municipal infrastructure has
inadequate capacity to service the development or the clearing, excavation, and infilling of land, or
other site developments will result in unacceptable drainage, environmental, or aesthetic impacts.
4.21
Site Clearing, Excavation and Infilling
1.
Site Clearing of Individual Lots
Clearing of trees and vegetation to prepare a lot for development may be permitted without a development
or building permit to an extent that is deemed by Council to be practical for the needs of the development
and environmentally and aesthetically acceptable.
2.
Site Clearing for Larger Developments
Clearing of trees and vegetation to prepare for larger developments, for example, multi-lot subdivisions,
new streets, or significant commercial developments, will not be permitted without a development permit
or other such written approval from Council.
3.
Site Grubbing, Excavation, and Infilling
Grubbing, excavation, and infilling of land to prepare land for development will not be permitted at any
scale without a development permit or other such written approval from Council.
4.22 Street Construction Standards
A new street will not be constructed except in accordance with and to the design and specifications laid
down by Council.
4.23
Sight Lines at intersections
So as not to create a safety hazard by obstructing the view of motorists and pedestrians,
1.
Where an arterial or collector street intersects any other street, all land within a 15-metre sight triangle
from the point of intersection shall be kept free of shrubs, plants, trees, fences, walls, signs, buildings
or structures exceeding a height of 0.75 metres from the street grade.
2.
Where a local street intersects another local street, all occupied lands within an 8-metre sight triangle
from the point of intersection shall be kept free of shrubs, plants, trees, fences, walls, buildings or
structures exceeding a height of 0.75 metres from the street grade.
4.24 Residential Driveways
The following provisions apply to the development of residential driveways.
Environment & Infrastructure Solutions
wood pie.corn
Page 40
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
1.
A driveway shall be hard surfaced and conform to the off-street parking requirements specified in
Appendix B of these Regulations.
2.
A hard-surfaced driveway will be no wider than 50% of the street frontage of the lot on which it is
located, or in the case of a row dwelling, no wider than 50% of the street frontage or 3.5 metres,
whichever is the lesser.
3.
No driveway shall be closer than 10 metres from the street line of any intersecting street.
4.
Except at Council's discretion, a driveway on a corner lot must be located on the side of the dwelling
away from the street intersection.
5.
No driveway shall be located:
a. Within 0.3 metres of the lot line on the driveway side of the lot, and
b.
Within 3.0 metres of the lot line on the non-driveway side of the lot.
6.
Except at Council's discretion, a driveway must not be located so as to be adjacent to a driveway on an
adjoining lot.
7.
A second driveway on a lot may be approved:
a.
Onto the frontyard by widening an existing driveway and only if it comes no closer than
3.0 metres from the second adjoining lot line.
b. Off the frontyard of a lot where neither of the adjoining lots have a driveway adjacent to
the lot in question.
c.
Off the sideyard onto a flanking street as long as it is located on the side of the dwelling
away from the street intersection.
8.
Except at Council's discretion, no circular driveway will be permitted.
4.25
Street Classifications
For the purposes of these regulations, streets within the Gander Planning Area are classified as follows:
Arterial Streets
Collector Streets
Local Streets
Maior
Airport Boulevard/ James Street
All other streets,
Trans Canada Highway (Route 1)
Bennett Drive
which are not
Gander Bay Road (Route 330)
Byrd Avenue
classified as
Caldwell Street
Arterials or
Minor
Cobham Street
Collectors
Magee Road
Edinburgh Avenue
Cooper Boulevard
Elizabeth Drive
-
Memorial Drive
Morgan Drive
-- -
Ogilvie Street
Raynham Avenue
Roe Avenue
-
Rowsell Boulevard
--
-
-
-
-- -
Environment & Infrastructure Solutions
wood pie.corn
Page41
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
4.26
Protected Provincial Roads
1.
Provincially regulated highways in the Planning Area include the Trans Canada Highway (Route 1) and
the Gander Bay Highway (Route 330). Both highways are designated as Protected Highways under the
Protected Roads Zoning Regulations under the Act.
2.
Within Gander's Municipal boundary, a proposed development within 100 metres of the centreline of
each highway will require approval from both Council and Service Newfoundland and Labrador (Service
NL).
3.
A significant portion of the Trans Canada Highway, particularly east of Gander, lies outside the
Municipal boundary but within the Gander Planning Area. In this area, a proposed development within
150 metres of the centreline of the highway will require approval from both Council and Service NL.
4.
Council will not approve an access to the Trans Canada Highway or the Gander Bay Road that has not
first been approved by the Department of Transportation and Works and Service Newfoundland and
Labrador.
5.
All proposed signage within Protected Road corridors will require approval of both Council and Service
NL.
4.27 Watercourse and Wetland Protection
1.
No buildings or structures, except those specifically approved by Council under the provisions of the
Environmental Protection zone, will be permitted within 15 metres of a watercourse or wetland.
2.
Where it deems that a proposed development may affect a watercourse or wetland, at its discretion,
Council may:
(a)
require the developer to have the watercourse or wetland delineated by a qualified consultant,
(b)
require such wider buffer beyond 15 metres where development would not be permitted in
order to adequately protect the watercourse or wetland,
(c)
require such other conditions or restrictions to protect the watercourse or wetland, and/or
(d)
refuse to approve the development if it believes that predicted impacts cannot be sufficiently
minimized or mitigated.
4.28 Storm Drainage
In areas where there is concern that development may contribute to excessive increases in stormwater
runoff, Council may require developers and landowners to:
(a)
Set aside undeveloped land where stormwater can be discharged to naturally infiltrate into the soil.
(b) Maintain vegetated buffers between stormwater drainage outlets and watercourses to minimize direct
discharges into watercourses.
(c) Conserve existing trees or plant new trees and shrubs to promote soil infiltration and capture
sediments.
Environment & Infrastructure Solutions
wood pie.corn
Page 42
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
(d) Channel runoff to gardens and low-lying areas on the development site and on individual lots.
(e) Take advantage of the topography to reduce storm drainage, for example, retain natural depressions
in the landscape to accumulate runoff and promote soil infiltration.
(f) Re-establish vegetative cover immediately on gravel surfaces, banks, drainage ditches and other areas
disturbed by construction activity.
4.29
Development within the Gander Lake Protected Watershed
Applications for development within the Gander Lake Protected Water Supply Area shall be referred to the
Gander Lake Watershed Monitoring Committee for review and recommendation.
4.30
Development on Commercial and Industrial Properties
1.
Abutting Zone Provisions
Where a lot in a commercial or industrial zone abuts a lot in a Residential, Open Space, Recreational Open
Space, or Public/Institutional zone:
a.
The minimum setback of the commercial use from the abutting residential lot will be 10
metres,
b.
No open storage or outdoor display will be permitted within 10 metres of the residential
lot.
c.
No parking space will be permitted within 10 metres of the residential lot except where a
2-metre high fence is erected as a screen. In the case where a fence is erected, the minimum
setback of any parking will be 1.5 metres from a side or rear lot line.
2.
Storage and Screening of Refuse Containers
No portion of any lot in a commercial or industrial zone will be used for the collection or storage of refuse
unless the refuse container is screened by a fence or similar structure.
3.
Accessory Buildings
An accessory building or structure will be permitted in any commercial or industrial zone provided that the
development meets the requirements for non-residential uses under the Gander Accessory Building
Regulations.
4.
Signs
All signs and advertisements must be approved in accordance with these regulations and the Gander Sign
Regulations. Where provisions of these Regulations are inconsistent with the regulations respecting signs
on or near public highways made or administered by Service NL under the Provincial Highway Sign
Regulations, the more restrictive regulations shall apply.
5.
Landscaping
(Also refer to Gander Landscape Regulations)
Environment & Infrastructure Solutions
wood pie.com
Page 43
I
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project #: TF1770707
7 June 2021
All land except that used for customer parking and vehicle access shall be landscaped and maintained by
the owner or occupier to the satisfaction of Council.
4.31
Habitat Conservation
1.
Stewardship Agreement
In accordance with the Town of Gander Stewardship Agreement with the Province, Council will conserve
and protect sensitive wetland and waterfowl habitat within the Gander Planning Area. All applications for
development within the Municipal Stewardship Agreement Area will be considered in consultation with the
Provincial Wildlife Division.
2.
Stewardship Zone (See Figure 4.1)
Activities within the Stewardship Zone will be managed to minimize impacts on wetlands, waterfowl and
wildlife populations. Development proposals that Council may negatively impact wetland habitat, waterfowl
or wildlife will be forwarded to the Provincial Wildlife Division for comments prior to approval. Where it is
found that a proposed development may have negative impacts, Council may refuse the application or
establish mitigating conditions to minimize potential habitat degradation.
3.
Habitat Management Units (See Figure 4.1)
Five areas are designated Habitat Management Units under the Gander Stewardship Agreement. These
Units are contained within the Environmental Protection zone. They include:
-
Cobbs Pond Management Unit - 90 hectares
-
Northwest Bog Management Unit - 41 hectares
-
Whitman's Pond Management Unit - 193 hectares
-
Peyton's Pond Management Unit - 17 hectares
-
Benton Management Unit
Only conservation and open space uses will be permitted within Habitat Management Units.
Environment & Infrastructure Solutions
wood pie.com
Page44
Town of Gander
Development Regulations (Final)
Wood Project # : TF1770707
7 June 2021
N
A
<,'mul,·r l.t1fo
Stewardship Zone and Management Units for Gander
.
-
~----~
'\,
·'
·-.·· ..
....
.....
...
BENTON
Benton
'r · ~
anagement Unit
i ; "* '\
\ ~
)
\ ... ---~·.:---
legend
t::J Municipal Planning Boundary
I_-~ Stewardship Zone
-- Management Units
Treatment Lagoon
Constructed Wetland
water Control Structure
Buildings
Roads
River/Stream
Waterbodies
Vegetation
N'ewf9ul'idland
Labrador
05
2
3Kilomc1Dt1
0
1,0
280
,,.
,.,
Projection Information:
TMNAD83CNT
June 2013
Figure 4-1 Habitat Management Units
Environment & Infrastructure Solutions
wood pie.corn
Page 45
wood.
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
5.0
SPECIFIC USE REGULATIONS
5.1
Access Ramps
At its discretion after consulting with abutting property owners, Council may permit a handicapped access
ramp to be erected within a minimum frontyard or sideyard setback if:
1.
There is no alternative means to provide the access ramp, and
2.
The ramp does not create a safety hazard or block sight lines.
5.2
Accessory Buildings
Refer to the Gander Accessory Buildings Regulation.
5.3
Agriculture - Commercial Livestock Facilities
1.
No new commercial livestock facility will be permitted within:
a. 600 metres of a residential dwelling (except for a farm dwelling or a dwelling that is a non-
conforming use),
b.
500 metres of the boundary of land zoned for residential use,
c.
45 metres of the boundary of the property on which it is to be erected, and
d.
80 metres of the centre line of a public street,
except at Council's discretion and with the recommendation of the Agrifoods Development Branch of the
Department of Fisheries and Land Resources.
2.
Except for a farm dwelling, no new residential dwelling shall be developed within 600 metres of an
existing livestock facility with capacity to accommodate more than five (5) animal units unless the
development is first approved by the Agrifoods Development Branch of the Department of Fisheries
and Land Resources.
3.
In addition to the above requirements, a new livestock facility will be subject to applicable Provincial
acts and regulations.
5.4
Bed and Breakfasts
With the exception of the Residential Low Density Use Zone (see Condition 3 of the Residential Low Density
Use Zone Table), a Bed and Breakfast Establishment may be permitted in any residential zone subject to the
following conditions;
1.
It may operate only in a single dwelling occupied as a residence by the operator of the business.
2.
The number of rooms available for rent shall be no greater than (4) four.
3.
No addition or alteration shall be undertaken that changes the roof line; increases the height of the
building; or extends into the front or side yards of the lot, except for dormers and/or structures
necessary for public safety such as fire escapes.
4.
Parking is provided as required in Schedule D and only in the side and/or rear of the lot, but not within
the required yard setback.
Environment & Infrastructure Solutions
wood pie.com
Page46
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
5.
The building lot fronts onto, or is located within, 60 metres, of an arterial or collector street as
designated in these Regulations.
6.
The lot has a minimum frontage of 20 metres.
7.
The lot has a minimum area of 650 m2 for the first two rooms available for rent, plus 180 m2 for each
additional room to a maximum of 4 rental rooms.
8.
The facility has a Tourist Establishment License issued by the Province.
5.5
Campgrounds and Tourist Cottage Establishments
General Reguirements
1.
An application for a campground or a tourist cottage establishment will include a development plan
with the following information:
a.
Location and full limits of the development,
b. Layout of accesses and internal roads,
c.
Number and location of cottage units and/or campsites,
d. Accessory uses such as comfort stations, laundry and storage facilities, washrooms,
convenience store, employee accommodations, 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, and
i.
A proposed phasing plan for the development.
2.
All campsites, cottages, and on-site facilities, which form part of the development, will be accessible
only via the internal road network of the development.
3.
Council will require the development to include suitable buffers and screening where the development
abuts a residential area. No portion of the developed site of a campground or tourist cottage
establishment will be permitted within 20 metres of the boundary of an abutting residential property.
In addition, fencing or natural screening will be required if the development is openly visible from a
residential dwelling.
4.
The development permit will specify the maximum number of cottage units and/or campsites to be
permitted on the site.
5.
All grounds and buildings shall be kept in a safe and well-maintained condition.
6.
No expansion or alteration, other than repairs and maintenance, will take place without the approval
of Council.
7.
The operation will comply with all bylaws and regulations of Council pertaining to noise and unruly
behaviour.
8.
The development must be licensed by the Department of Tourism, Culture, Industry and Innovation.
Environment & Infrastructure Solutions
wood pie.com
Page 47
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
9.
As a condition of approval, Council may require the applicant to submit an annual report on the
progress of the development relative to the phasing plan.
Campgrounds
10. A campground site shall:
a.
Front onto public street or highway.
b. Have a minimum contiguous area of no less than 4000 m2 (0.4 hectares).
c.
During operation, have a lighted main entrance from sunset to sunrise.
d. Have an emergency exit.
e.
Have a maximum density of 75 campsites per gross hectare.
11 . Internal roadways in the campground shall:
a.
Be no less than 6.0 metres wide.
b. Be designed and constructed such that vehicles and trailers will not become mired.
12. Every campsite shall:
a.
If a tent site, have a minimum area of 120 m2 in area and a minimum width of 6.0 metres.
b. If a trailer or RV site, have a minimum area of 220 m2 and a minimum width of 12.0 metres.
c.
Have the corners clearly defined with visible markers.
d. Be clearly numbered.
e.
Have at least one and no more than two vehicle parking spaces.
f.
Be no less than 50.0 metres from an on-site source of drinking water.
Tourist Cottage Establishments
13. A tourist cottage establishment shall:
a.
Front onto public street or highway.
b. Have a minimum contiguous area of no less than 4000 m2 (0.4 hectares).
c.
During operation, have a lighted main entrance from sunset to sunrise.
d. Have a minimum of three (3) cottage units.
e.
Have an emergency exit.
14. Internal roadways in the tourist cottage establishment shall:
a.
Provide 24-hour vehicle access to every cottage.
b.
Be no less than 6.0 metres wide.
c.
Be designed and constructed such that vehicles and trailers will not become mired.
15. A tourist cottage establishment shall comply with the following:
a.
The minimum ground floor area for a tourist cottage shall be 50 m2.
b.
No cottage will be more than one storey in height.
Environment & Infrastructure Solutions
wood pie.com
Page48
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
c.
The minimum distance between individual cottages or buildings containing more than one
cottage unit shall be 3.0 metres.
d.
The minimum rearyard will be 5.0 metres.
e.
Planting areas shall be provided adjacent to the side and rear lot lines.
f.
As indicated in Paragraph 2 above, every cottage must be accessible only via the internal
road network of the development. No individual cottage will be directly accessible via a
public street.
g.
Each cottage will be clearly numbered.
5.6
Cannabis Retail Outlets
1.
Where permitted by Council, a cannabis retail outlet will comply with the following:
a.
It must conform to applicable Federal and Provincial legislation,
b.
It must be licensed by and operated in accordance with the requirements of the
Newfoundland and Labrador Liquor Corporation,
c.
It will not be permitted within 300 metres of a school, college, private training institute,
playground, recreational facility, daycare, games arcade, or drinking establishment. This
requirement is reciprocal. No school, college, private training institute, playground,
recreational facility, daycare, games arcade, or drinking establishment will be permitted
within 300 metres of a cannabis retail outlet.
d.
It will not be permitted anywhere where the sale of tobacco is prohibited,
e.
It will not be permitted in a temporary location or in association with any temporary event,
and/or
f.
It will be subject to such other terms and conditions deemed necessary by Council.
5. 7
Childcare Services
Where permitted by Council a childcare service will conform to the requirements of the Child Care Services
Act and Regulations. If required a license to operate shall be obtained from the responsible Provincial
department. Council will not approve a childcare use that has not obtained the necessary licenses and
approvals from the Province.
5.8
Domestic Sawmills on Residential Lots
1.
Where listed as a discretionary use class, Council may permit a domestic sawmill as an accessory use
on a residential lot after first giving public notice and considering comments received.
2.
Approval of a domestic sawmill will be subject to the following conditions:
a.
It must have, and operate in accordance with, a domestic mill license issued under the Mill
Regulations under the Forestry Act.
b. It will be for the sole use of the property owner and will not produce products for sale,
barter, or gift to non-residents of the property.
c.
It will not be permitted on any lot less than 2,000 m2 in area.
Environment & Infrastructure Solutions
wood pie.corn
Page 49
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project #: TF1770707
7 June 2021
d. It must be located in the rear yard of the lot, set back at least 5 metres from all lot lines,
and no closer than 30 metres from any neighbouring residential dwelling.
e. The operating site will be kept in a continually clean condition, with no significant outdoor
accumulation of logs, wood residues, or equipment.
f.
The maximum noise level during operation will not exceed 55 decibels at all property lines.
Should noise complaints arise, Council may require sound mitigation measures as it deems
appropriate including moving the mill indoors, equipment silencers, buffering along lot
lines, etc.
g. Other requirements deemed necessary by Council
3.
If the owner fails at any time to comply with the conditions of approval, a stop work order will be issued
by Council.
5.9
Fences
No fence shall be erected, replaced or repaired unless a permit for construction has been issued by Council
in accordance with the Gander Fence Regulations.
5.10 Home Based Businesses
No home-based business will be developed unless a permit has been issued by Council in accordance with
the Gander Home Based Business Regulation.
5.11
Mineral and Petroleum Exploration
1.
Where it is permitted, a mineral or petroleum exploration use (which constitutes a development in
accordance with the definition in Part 2) 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 or petroleum exploration until all necessary permits and
approvals have been obtained from the Departments of Natural Resources and Municipal Affairs and
Environment, and any other relevant government agency.
3.
Mineral and petroleum 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.
Mineral and petroleum 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.
5.12
Mineral Workings
The following conditions shall apply to the development of mineral working uses:
1.
Separation from Adjacent Uses - Unless Council is satisfied that the working will not create a nuisance
and will not adversely affect the amenity of the specified development or natural feature, no mineral
Environment & Infrastructure Solutions
wood pie.corn
Page 50
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
working shall be permitted to locate or expand, closer than the minimum distances set out below to
the specified development or natural feature:
Development or Natural Feature
Minimum Separation Distance
Existing and proposed residential development
300 metres
-
-
-
Other existing and proposed types of development
150 metres
-
Public street or highway
50 metres
Protected provincial road
90 metres
-
Watercourse (see definition)
SO metres
Trail or recreational open space use
50 metres
-
2.
Effective tree screens shall be maintained around the periphery of any mineral working. Where trees
are not present to create an effective screen, Council may require the installation of a landscaped
embankment or fence, particularly where the workings are visible from the Trans Canada Highway.
3.
Topsoil removed for mineral working shall be retained for restoration of the site.
4.
No mineral working shall be conducted that may cause danger or nuisance to the public.
5.
Proposed mineral working operations will be evaluated carefully by Council in conjunction with the
Department of Natural Resources.
6.
No mineral working shall unacceptably reduce the quality of water in a watercourse or water body. Any
access road which crosses a watercourse shall be bridged or culverted according to the regulations of
the Department of Municipal Affairs and Environment.
7.
No mineral working shall result in the excavation of land below the level of the water table or cause
ponding of water. However, settling ponds may be permitted with the approval of the Department of
Municipal Affairs and Environment.
8.
No mineral working shall be carried out in a manner which causes the erosion of adjacent land.
9.
The mineral working shall be kept clean of refuse, abandoned vehicles and equipment, and derelict
buildings.
10. Upon completion of mineral working, and when there is no intention to re-open such operations, all
buildings and machinery shall be removed from the site and the site restored so as not to constitute a
danger to the public or present an unsightly appearance.
11 . Applications for mineral workings located in the Gander Lake Protected Watershed will be referred to
the Gander Lake Watershed Management Committee for consideration
5.13
Personal Livestock Use on Residential Lots
1.
Permitted Species
Where listed as a discretionary use class, Council may permit the keeping of livestock animals on a
residential lot for personal use after first giving public notice and considering comments received. No
species will be permitted other than:
Small Livestock
Large Livestock
Ducks
Goats
Environment & Infrastructure Solutions
woodplc.com
Page 51
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
-
--
-
Small Livestock
Larae Livestock
Chickens
Horses
Geese
Sheep
Rabbits
Turkeys
2.
Small Livestock
a.
The keeping of small livestock on a residential lot will be subject to the following.
i.
No small livestock will be permitted on a lot that is less than 2,000 m2 in area.
ii.
Only a person who resides on a property will be permitted to keep animals on that property.
iii.
The maximum number of small livestock is four (4) on a 2,000-m2 lot plus one (1) for every
additional 150 m2 of lot area.
b.
Chickens will be limited to hens only (i.e. roosters will not be permitted).
c.
A facility for keeping small livestock will include an enclosed indoor shelter and an enclosed
outdoor run subject to the following.
i.
No portion of the facility will be located in the frontyard or sideyard of the residential
dwelling.
ii.
Within the rearyard of the dwelling, no portion of the facility will be located within four (4)
metres of any lot line.
iii. No portion of the facility will be located within 30 metres of any neighbouring dwelling.
d.
Keeping of the animals will be subject to the following.
i.
The livestock facility will be maintained continually in a clean condition,
free of noxious
odours, substances, and vermin.
ii.
Animal excreta will be removed on a weekly basis, and properly contained and disposed of
in an environmentally acceptable manner.
iii. Animals will not be slaughtered on any property that is not zoned for agricultural use.
Iv. Animals will be provided with clean drinking water, nesting materials, and an adequate
quantity and quality of food to allow for healthy growth and maintenance of a healthy body
weight.
v.
Food and water will be kept in receptacles that avoid contamination from excreta.
3.
Large Livestock
a.
The keeping of large livestock on a residential lot will be subject to the following.
i.
No large livestock will be permitted on a lot that is less than 2,800 m2 in area.
ii.
The maximum number of livestock animals per 2,800 m2 of lot area is one horse, or three
goats, or three sheep.
iii. Mixing of species would only be considered to the allowable maximum, for example, 2 goats
plus 1 sheep on a 2,800 m2 lot, or 1 horse plus 3 goats on a 5,600 m2 lot.
b.
A facility for keeping large livestock will include an enclosed indoor shelter and an enclosed
Environment & Infrastructure Solutions
wood pie.com
Page 52
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
outdoor run subject to Exhibit 5.1 below.
c.
No portion of a large livestock facility will be located within 30 metres of any neighbouring
dwelling.
4.
Order
If the owner fails at any time to comply with any of the above conditions, an order will be issued by
Council.
5.
Facility Maintenance and Animal Care
The keeping of the livestock animals will be subject to the following.
a.
The livestock facility will be maintained continually in a clean condition, free of noxious odours,
substances, and vermin.
b.
Animal excreta will be removed on a weekly basis, and properly contained and disposed of in an
environmentally acceptable manner.
c.
Animals will not be slaughtered on any property that is not zoned for agriculture use.
d.
Animals will be provided with clean drinking water_and an adequate quantity and quality of food
to allow for healthy growth and maintenance of a healthy body weight.
e.
Food and water will be kept in receptacles that avoid contamination from excreta.
6.
Permit Required
No livestock will be kept on lot unless a development permit has been issued by Council.
Environment & Infrastructure Solutions
wood pie.com
Page 53
I
I
I
I
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
E
:,
E
·1:
F
~
-- ·-7--
E
:,
E
'i= 'i
E
0
"'
i
z
:::,
0
a,
~
"'
w
a..
0
"'
a..
E
:,
E
·1: 'i
E
~
10m Minimum
I
I
I
I
I
I
I
I
I
I
I
FENCED AREA
I
I
I
I
- BARN .
I
I
[JOm Minimuml
1
I
I
I
I
I
I
R£.SlbENCE
I
...,__L _ _ _
I
I
_ _ _J
l
30m Minin,_um
l
E
0 n
wood.
Requirements for large livestock in a
Residential Zone for pet purposes ONLY
- Minimum lot Size -
2800m-
- Maximum Born Size -
SOm-
- Building Sideyord -
10m Minimum
- Building Reoryord -
1 Om Minimum
- Fenced Area Sideyord -
Sm Minimum
- Fenced Area Reoryord -
Sm Minimum
- Building Separation -
30m Minimum
NOTE: Fence cannot extend in front of the
Born building.
Figure 5-1 Large Livestock Facility Standards
Environment & Infrastructure Solutions
woodplc.com
Page 54
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
5.14
Residential Care Homes
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 homegroup, inclusive of staff.
2.
The use and appearance of the building shall not adversely affect the amenities of the adjacent
residences, or the neighbourhood in which it is located.
3.
Council may require special access and safety features to be provided for the occupants before
occupancy is permitted.
4.
Council will not approve a residential care home that has not first been approved by Service NL and
any other government agency having jurisdiction.
5.15
Salvage Yards
1.
No salvage yard will be developed or expanded in area without a development permit issued by
Council. The development, operation, termination, and rehabilitation of a salvage yard 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.
2.
Except where Council may require a higher buffer, no salvage yard will be permitted within:
a. 300 metres of a residential dwelling, public building, or recreational open space use,
b.
300 metres of the boundary of an area zoned for residential use,
c.
40 metres of the centerline of a public street, and
d.
60 metres of a watercourse or wetland.
3.
No salvage yard will be permitted near an area where there may be a concern for stormwater or
groundwater contamination or other potential pollution.
4.
Council may require a salvage yard to provide for natural or artificial screening to obstruct visibility
from a public street or other public place.
5.16
Service Stations and General Garages
The following requirements shall apply to all proposed service stations and general garages:
1.
All gasoline pumps shall be located on pump islands designed for such purpose, and to which
automobiles may gain access from either side.
2.
Pump islands shall be set back at least 4 metres from the front lot line.
3.
A canopy for sheltering pump islands may be erected provided that no part of the canopy is located
within 3 metres of the street or lot line.
4.
Accesses shall not be less than 7 metres wide and shall be clearly marked.
5.
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.
Environment & Infrastructure Solutions
wood pie.corn
Page 55
I
I
I
I
I
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
5.17
Subsidiary Apartments and Secondary Suites
Refer to the Gander Subsidiary Apartment I Secondary Suite Regulations.
5.18
Swimming Pools and Hot Tubs
1.
A swimming pool that exceeds 0.9 metres in depth and is permanently or temporarily located outdoors
shall be fully enclosed or fenced.
2.
A swimming pool enclosure or fence shall be:
a.
No less than 1.5 metres in height,
b. Constructed and maintained so as to completely surround the swimming pool area of the
lot,
c.
Located no closer than 1.5 metres to the water surface of the pool,
d.
Constructed so as to obstruct any vision of the pool from outside the fence,
e.
Constructed so as to prevent unauthorized access through, under, or over the fence, and
f.
Secured with an impassable locked gate whenever the pool is not being monitored by the
owner or a representative of the owner.
3.
The requirements of Paragraph (2) shall also apply to hot tubs, except where the hot tub is equipped
with a locking cover that is kept locked whenever the hot tub is not is use or is not being monitored
by the owner or a representative of the owner.
5.19 Trails
Also refer to the Gander Trails Regulattons.
1.
Designated public trails will be protected from developments and activities that might impede public
passage or interfere with any legal right of Council to develop or improve the trail for public access
and recreation
2.
No building or structure will be permitted on a site where it would otherwise be permitted under these
Regulations, when in the opinion of Council, the development would impede passage on a designated
public trail.
3.
Generally, Council will protect corridor no less than 15 metres wide for all designated trails, although
this may be reduced for short distances at Council's discretion.
4.
A proposal to develop an alternative use within a trail corridor will not be considered except where the
applicant provides for the relocation of the trail in a way that causes minimal disruption to the trail's
continuity and amenities.
5.20 Waste Transfer Station
1.
No waste transfer station (WTS) will be developed or expanded without a development permit issued
by Council. Development, operation, termination or rehabilitation of a WTS site will be carried out in
accordance with terms and conditions specified in the development permit. The development permit
will be revoked if the operator does not comply with associated terms and conditions.
Environment & Infrastructure Solutions
wood pie.corn
Page 56
Town of Gander
I
wood.
Development Regulations (Final)
Wood Project #: TF1770707
7 June 2021
2.
Except where Council may require a higher buffer, no waste transfer station will be permitted:
a. within 300 metres from a residential dwelling,
b.
within 300 metres from the boundary of an area zoned for residential use,
c.
within 20 metres from the centerline of a public street,
d.
within 30 metres from a watercourse or wetland, and/or
e.
in any location where there may be a concern for stormwater or groundwater
contamination or other potential pollution.
3.
Council may require a waste transfer station to have natural or artificial screening to prevent its visibility
from a public street or other public place.
Environment & Infrastructure Solutions
woodplc.com
Page 57
I
I
I
I
I
I
I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
6.0
SUBDIVISION OF LAND
6.1
Subdivision Permit Required
No land in the Planning Area shall be subdivided into two or more lots unless a permit for the subdivision
is first obtained from Council.
6.2
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions satisfactory to Council
have been made for supply of drinking water, a properly designed sewage disposal system, and a properly
designed storm drainage system.
6.3
Payment of Service Levies and Other Charges
No permit will be issued for a subdivision of land 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 imposed under Regulation 3.8 and financial
guarantees required under Regulation 3.9.
6.4
Subdivision Agreement
As a condition of approval of a proposed subdivision, the developer may be required to enter into a
subdivision agreement with Council.
6.5
Permit Subject to Considerations
A subdivision permit shall not be issued when, in the opinion of Council, the development of a subdivision
does not contribute to the orderly growth of the municipality and does not demonstrate sound design
principles. In considering an application, Council shall, without limiting the generality of the foregoing,
consider:
1.
the location and natural characteristics of the land
2.
the availability of and the demand created for schools, services, and utilities
3.
the provisions of the Plan and Regulations affecting the site
4.
the land use, physical form and character of adjacent developments
5.
the transportation network and traffic densities affecting the site
6.
the relationship of the project to existing or potential sources of nuisance
7.
soil and subsoil characteristics
8.
the topography of the site and its drainage
9.
natural features such as lakes, streams, topsoil, trees and shrubs
10. prevailing winds
11 . visual quality
12. community facilities
Environment & Infrastructure Solutions
wood pie.corn
Page 58
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
13. energy conservation
14. such other matters as may affect the proposed development.
6.6
Development and/or Building Permits Required
1.
Notwithstanding the approval of a subdivision by Council, separate development and/or building
permits shall be obtained for all developments and buildings proposed to be erected in the area of the
subdivision.
2.
No development or building permits shall be issued in a new subdivision until the developer has
complied with all the provisions of these Regulations with respect to the development of the
subdivision.
6. 7
Form of Application
An application for a permit to develop a subdivision shall be made to Council in accordance with Regulation
3.12 - Form of Application.
6.8
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the Zoning
Maps.
6.9
Building Lines
Council may establish building lines for any subdivision street and require any new building to be located
on such building lines.
6.10 Dedication of Land for Public Use
1.
In accordance with Section 37 of the Act, before a development commences, the developer shall
transfer to Council, at no cost to Council, an area of land not more than 10% of the gross area to be
developed for open space or other public use.
2.
Land to be dedicated for public use must be high quality land suitable for the purpose and will not
include land that is unsuitable or incapable for development or land that Council requires to be set
aside from development for the purposes of environmental protection.
3.
Land dedicated for public use in accordance with this Regulation shall be conveyed to Council and may
be sold or leased by Council for the purposes of any development that conforms with the requirements
of these Regulations, and the proceeds of any sale or other disposition of land shall be applied against
the cost of acquisition or development of any other land for the purposes of public open space or
other public use.
6.11
Structure in Street Reservation
The placing within any street reservation of any structure (e.g. hydro pole, fire hydrant, mail box, bus shelter,
sign post) shall not be approved by Council unless Council is satisfied on the question of safety with regard
to the structure's relationship to other buildings or structures within the street reservation and with regard
Environment & Infrastructure Solutions
wood pie.corn
Page 59 I
I
Town of Gander
wood.
Development Regulations (Final)
Wood Project #: TF1770707
7 June 2021
to the safe movement of vehicles and pedestrians. The provisions of Regulation 4.23 will be taken into
account when considering proposed structures within the street reservation.
6.12
Subdivision Design Standards
The design and construction of new subdivisions and streets shall conform to the Gander Design Standards
for Streets and Subdivisions.
6.13
Engineer to Design Works and Certify Construction Layout
1.
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers and all
appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other utilities
deemed necessary by 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 water mains,
hydrants, sanitary sewers and all appurtenances and of all such streets and other works deemed
necessary by Council to service the said area.
6.14 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.
6.15
Street Works May be Deferred
The construction and installation of all curbs and gutters, catch basins, and paving specified 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.
6.16 Transfer of Streets and Utilities to Council
1.
The developer shall, following the approval of the subdivision and upon request of Council, transfer to
Council, at no cost to Council, and clear of all liens and encumbrances:
Environment & Infrastructure Solutions
wood pie.corn
Page 60
Town of Gander
wood.
Development Regulations (Final)
Wood Project #: TF1770707
7 June 2021
a.
All lands in the area proposed for development or subdividing, 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 and public works including streets, water supply and distribution system,
sanitary sewer system, storm drainage system, street lighting, and other infrastructure
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 cost to the developer, test the streets, services and public works installed in the
subdivision and certify his/her satisfaction with their installation.
3.
Council will not provide maintenance for any street, service or public work in any subdivision until such
time as the street, service or public work has been transferred to Council.
6.17
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
1.
the lot can be served with satisfactory water supply and sewage disposal systems, and
2.
the lot is provided with satisfactory access to a street.
6.18 Grouping of Buildings and Landscaping
Also refer to the Gander Landscape Regulations.
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.
Environment & Infrastructure Solutions
woodplc.com
Page 61
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
7.0
SIGNS
Also refer to the Gander Sign Regulations.
7.1
Permit Required
Subject to the provisions of Regulation 7.6, no advertisement shall be erected or displayed in the Planning
Area unless a permit for the advertisement is first obtained from Council.
7 .2
Form of Application
Application for a permit to erect or display an advertisement shall be made to Council in accordance with
Regulation 3.12 - Form of Application.
7.3
Signs Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any highway or street
reservation.
7.4
Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement shall be for a
limited period, not exceeding two years, but may be renewed at the discretion of Council for similar periods.
7 .5
Removal of Signs
Notwithstanding the provisions of these Regulations, Council may require the removal of any advertisement
which, in its opinion, is:
1.
hazardous to road traffic by reason of its siting, colour, illumination, or structural condition, or;
2.
detrimental to the amenities of the surrounding area.
7.6
Signs Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without application to
Council:
1.
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 m2 in area
2.
on an agricultural holding or farm, a notice board not exceeding 1.0 m2 in area and relating to the
operations being conducted on the land
3.
on land used for forestry purposes, signs or notices not exceeding 1.0 m2 in area and
4.
relating to forestry operations or the location of logging operations conducted on the land
5.
on land used for mining or quarrying operations, a notice board not exceeding 1.0 m2 in area relating
to the operation conducted on the land
6.
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 m2 in area in
connection with the practice of a professional person carried on in the premises
7.
on any site occupied by a church, school, library, art gallery, museum, institution or cemetery, one
notice board not exceeding 1.0 m2 in area
Environment & Infrastructure Solutions
wood pie.com
Page 62
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
8.
on the principal facade of any commercial, industrial or public building, the name of the building or
the name of the occupants of the building, in letters not exceeding one-tenth of the height of that
facade or 3.0 m, whichever is the lesser
9.
on any parking lot directional signs and one sign not exceeding 1.0 m2 in size, identifying the parking
lot.
7.7
Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply with the appropriate
conditions and specifications set out in Part 9 - Use Zone Tables.
7.8
Non-Conforming Signs
Notwithstanding the provisions of Regulation 7.1, a permit may be used for the erection or display of
advertisements on a building or within the curtilage of a building or on a parcel of land, the use of which is
a non-conforming use, provided that the advertisement does not exceed the size and type of advertisement
which could be permitted if the development was in a Use Zone appropriate to its use, and subject to any
other conditions deemed appropriate by Council. Use Zones
Environment & Infrastructure Solutions
wood pie.corn
Page 63
Town of Gander
wood.
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
8.0
USE ZONES
8.1
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 Part 9 - Use Zone Tables.
3.
Where standards, requirements and conditions applicable in a Use Zone are not set out in Part 9,
Council may in its discretion, determine the standards, requirements and conditions that shall apply.
8.2
Map Interpretation
The boundaries of Use Zones 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.
8.3
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in Part 9 shall be
determined by Council in accordance with the classification of uses and examples set out in Appendix A.
8.4
Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in the appropriate
Use Zone Table in Part 9 shall be permitted by Council in that Use Zone.
8.5
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in the appropriate
Use Zone Table in Part 9 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, any
further scheme or plan or regulation pursuant thereto, or to the public interest, and only if Council has given
notice of the application in accordance with Regulation 3.15 - Notice of Application and has considered
any objections or representations that may have been received on the matter.
8.6
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 shall not be permitted in that Use Zone.
Environment & Infrastructure Solutions
wood pie.com
Page 64
Town of Gander
Development Regulations (Final)
Wood Project # : TF1770707
7 June 2021
9.0
USE ZONE TABLES
wood.
Before issuing a permit for development or approval in principle, Council shall review the application to ensure
that it complies with the Use Zone Table for which it is proposed and each of the following:
-
Part 2: Definitions
-
Part 3: General Regulations
-
Part 4: General Development Standards
-
Part 5: Specific Use Regulations
-
Part 6: Subdivision of Land
-
Part 8: Use Zones
-
Appendix A: Classification of Uses of Land and Buildings
-
Appendix B: Off-Street Parking Requirements
-
Appendix C: Provincial Development Regulations
-
Appendix D: Land Use Zoning Maps
Part 9 contains tables for the following Use Zones:
Table 9-1: Gander Use Zone Tables
Use Zone
Abbreviation
Page
9.1
Environmental Protection
EP
9.2
Residential Low Density
RLD
9.3
Residential Medium Density
RMD
9.4
Residential High Density-1
RHD-1
9.5
Residential High Density-2
RHD-2
9.6
Residential Mini-Home
RMH
9.7
Residential Rural
RR
9.8
Town Centre
TC
9.9
Commercial General
CG
9.10
Commercial Shopping Centre
csc
9.11
Commercial Highway
CH
9.12
Commercial Local
CL
9.13
Commercial-Light Industrial
CLI
9.14
Industrial General
IG
9.15
Tourism Recreation
TR
--
9.16
Public Institutional
Pl
--
9.17
Open Space
OS
9.18
Open Space Recreation
OSR
-
- -- --- ·-
9.19
Utility
UT
-~
-----
9.20
Highway Corridor
HC
-
-
--
-- - ~
-
9.21
Rural
RU
--
·-~
--
-
-
9.22
Residential Seasonal
RS
-
-
-~
-
-
-
Environment & Infrastructure Solutions
wood pie.corn
Page 65
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
Use Zone
9.23
Future Development Area
9.24
Airport
Abbreviation
Page
FDA
AP
9.1
Environmental Protection (EP) Zone
ENVIRONMENTAL PROTECTION (EP) ZONE
PERMITTED USES
DISCRETIONARY USES
(See Regulation 8.4)
(See Regulations 3.15 and 8.5)
Conservation
Antenna
Dock (See Condition 9.1.5)
Open space
Transportation (See Condition 9.1 .6)
Utility
CONDITIONS
9.1.1 Discretionary Use Classes
wood.
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and not contrary to the general intent of the
Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to public consultation as well as terms and conditions to ensure it
will not detract from the main environmental protection purpose of this zone.
9.1.2 Buildings
No buildings will be permitted in the EP zone except for a building or structure associated with a public utility or
municipal public work.
9.1.3 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.
9.1.4 Waterfront Sites
1.
No excavation or infilling of land, or infilling of water, will be permitted.
2.
No extensive clearing of natural vegetation or landscaping will be permitted.
9.1.5 Docks
A recreational dock may be permitted at Council's discretion only if the dock is deemed by Council to be
environmentally acceptable, compatible with surrounding development, not an impediment to public access along
Environment & Infrastructure Solutions
wood pie.corn
Page 66
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
the shoreline, and has received necessary Provincial approval(s). Approval of a dock will be subject to all conditions
deemed necessary by Council.
9.1.6 Transportation
1.
Transportation uses that are permitted at Council's discretion will be limited to public streets and associated
infrastructure, for example, a street crossing of a watercourse involving a bridge or culvert.
2.
A transportation use will not be permitted if:
a.
Reasonable alternative locations for access are available,
b. Potential environmental effects cannot be minimized or mitigated to the satisfaction of Council,
c.
The development cannot meet reasonable terms and conditions that may be set by Council, and
d. The development has not received necessary Provincial and Federal approvals.
9.2
Residential Low Density
RESIDENTIAL LOW DENSITY (RLD) ZONE
PERMITTED USES
(See Regulation 8.4)
Conservation
Open space
Single dwelling
Transportation
Utility
--
STANDARD
---
Minimum lot area --
DISCRETIONARY USES
(See Regulations 3.15 and 8.5)
Antenna
Bed and breakfast (See Condition 8.2.3 and Regulation
5.4)
Childcare (See Regulation 5.7)
Community garden
Domestic sawmill (See Regulation 5.8)
Group care centre
Home based business (See Gander Home Based Business
Regulations)
Personal livestock use - large animals (See Regulation
5.13)
Personal livestock use - small animals (See Regulation
5.13)
Recreational open space
Residential care home (See Regulation 5.14)
Subsidiary apartment (See Condition 9.2.2 and Gander
Subsidiary Apartment Regulations)
Secondary suite (See Condition 9.2.2 and Gander
Subsidiary Apartment Regulations)
~--------
DEVELOPMENT STANDARDS
Single Dwelling
-
------1
_Minimum lot frontag~e_a_t_b_u_i_ld_in~g~ li_n_e _____ ~--------
650 m2
20.0 m
Environment & Infrastructure Solutions
wood pie.corn
Page 67
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
--
--
-
RESIDENTIAL LOW DENSITY (RLD) ZONE
Minimum street frontage
11.0 m
Minimum lot depth
40.0 m
Minimum frontyard
8.0 m
Minimum sideyard (each side)
1.5 m + 3.0 m
Minimum sideyard flanking street
8.0 m
- -
Average rearyard
12.0 m
DEVELOPMENT STANDARDS
-
STANDARD
Single Dwelling
-
--
~
nimum rearyard
10.0 m
-
-
Minimum floor area (excl. basement)
80 m2
Maximum lot coverage (all buildings)
30.0%
Maximum height
10.0 metres or in accordance with airport height
-
limitations (see Appendix D), whichever is lower
CONDITIONS
9.2.1 Discretionary Use Classes
--
- -
-
-
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
is compatible with the uses within the Permitted Use Classes and not contrary to the general intent of the Municipal
Plan and Development Regulations.
Approval of a discretionary use will be subject to public consultation and terms and conditions to ensure it will be
compatible with surrounding land uses and will not detract from the residential and environmental quality and
amenities of the area.
9.2.2 Subsidiary Apartments and Secondary Suites
Subsidiary apartments and secondary suites may be permitted between Civic Nos. 1 and 30 Memorial Drive and
between Civic Nos. 84 and 152 Memorial Drive, but not in any other area of the RLD zone.
9.2.3 Bed and Breakfasts
Bed and breakfast establishments may be permitted between Civic Nos. 1 and 30 Memorial Drive, but not in any
other area of the RLD zone.
Environment & Infrastructure Solutions
wood pie.corn
Page 68
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
9.3
Residential Medium Density (RMD) Zone
RESIDENTIAL MEDIUM DENSITY (RMD) ZONE
PERMITTED USES
DISCRETIONARY USES
(See Regulation 8.4)
(See Regulations 3.15 and 8.5)
Conservation
Antenna
Double dwelling
Apartment building (See Condition 9.3.2)
Open space
Bed and breakfast (See Regulation 5.4)
Single dwelling
Childcare (See Regulation 5.7)
Subsidiary apartment (See Gander Subsidiary
Community garden
Apartment Regulations)
Forestry (See Condition 9.3.4)
Secondary suite (See Gander Subsidiary
Group care centre
Apartment Regulations)
Home based business (See Regulation 5.10 and Gander
Transportation
Home Based Business Regulations)
Utility
Lodging house (See Condition 9.3.3)
Neighbourhood centre
Personal livestock use - small animals (See Regulation
5.13)
Recreational open space
Residential care home (See Regulation 5.14)
Retirement home
-
-
Row dwelling (See Condition 9.3.2)
DEVELOPMENT STANDARDS
STANDARD
Single
Double
Row Dwelling (per unit)
Dwelling
Dwelling
End Unit
Interior Unit
(per unit)
Minimum lot area
450 m2
350 m2
315 m2
210 m2
Minimum lot frontage at building line
16.0 m
10.0 m
9.0 m
6.0 m2
Minimum street frontage
9.0 m
7.0 m
5.0 m
5.0 m
Minimum lot depth
40.0 m?
35.0 m
35.0 m
Minimum frontyard
8.0 m
8.0 m
8.0 m
Minimum sideyard (each side)
1.5 m + 3.0 m
3.0 m
3.0 m
n/a
Minimum sideyard flanking street
8.0 m
8.0 m
8.0 m
n/a
DEVELOPMENT STANDARDS
--
STANDARD
Single
Double
Row Dwelling (per unit)
-
Dwelling
Dwelling
End Unit
Interior Unit
(per unit)
-
- -
-
Average rearyard
12.0 m
12.0 m
12.0 m
Minimum rearyard
10.0 m
10.0 m
10.0 m
-- --
Minimum floor area (excl. basement)
80 m2
80 m2
65 m2
Maximum lot coverage (all building_&
30.0%
--
-
----
-
Environment & Infrastructure Solutions
wood pie.corn
Page 69
Town of Gander
Development Regulations (Final)
Wood Project #: TF1770707
wood.
7 June 2021
-
·-
RESIDENTIAL MEDIUM DENSITY (RMD) ZONE
Maximum height
10.0 metres or in accordance with airport height
-
limitations (see Apf)endix D), whichever is lower
STANDARD
Apartment Building (per unit)
-
1 Bedroom
I
2 Bedroom
I
3 Bedroom
--
Minimum lot area
150 m2
I
170 m2
I
180 m2
-
Minimum lot depth
40 m
-
-
Minimum frontyard
8.0 m
-
Minimum sideyard (each side)
-
5.0 m + 5.0 m
Minimum sideyard flanking street
8.0 m
Average rearyard
12.0 m
-
-
-
Minimum rearyard
10.0 m
Minimum floor area
40.0 m2
I
50.0 m2
I
60.0 m2
Maximum lot coverage (all buildings)
30.0%
Maximum height
15.0 metres or in accordance with airport height limitations
(see Appendix D), whichever is lower
-
-
CONDITIONS
9.3.1 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and not contrary to the general intent of the
Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to public consultation and terms and conditions to ensure it will be
compatible with surrounding land uses and will not detract from the general residential and environmental quality
and amenities of the area.
9.3.2 Residential Density
1.
Apartment buildings and row dwellings shall not comprise more than 50% of total dwelling units on an
individual street in the RMD zone, the remainder being single and/or double units.
2.
Row dwellings will be restricted to a maximum of six dwelling units per building.
3.
No two row dwellings will be erected immediately adjacent to each other.
9.3.3 Lodging House
If approved at Council's discretion, a single dwelling may be used for a lodging house provided that
1.
No more than three bedrooms will be available for rent.
2.
No addition or alteration shall be undertaken which changes the roof line; increases the of the building; or
extends into the front or side yards of the lot, except for dormers and/or structures necessary for public safety
such as fire escapes.
3.
Parking is provided as required in Appendix B and only in the sideyard and/or rearyard of the lot.
Environment & Infrastructure Solutions
wood pie.corn
Page 70
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
9.3.4 Forestry
wood.
Forestry in the form of timber harvesting uses may be permitted in areas where built-up development is not likely
to occur for a number of years.
9.4
Residential High Density-1 (RHD-1) Zone
RESIDENTIAL HIGH DENSITY-1 (RHD-1) ZONE
PERMITTED USES
DISCRETIONARY USES
(See Regulation 8.4)
(See Regulations 3.15 and 8.5)
Conservation
Antenna
Double dwelling
Apartment building
Open space
Bed and breakfast (See Regulation 5.4)
Single dwelling
Childcare (See Regulation 5.7)
Row dwelling (See Condition 9.4.2)
Community garden
Transportation
Convenience store
Utility
Group care centre
Home based business (See Regulation 5.10 and Gander
Home Based Business Regulations)
Homeless shelter
Lodging house (See Condition 9.4.3)
Neighbourhood centre
Recreational open space
Residential care home (See Regulation 5.14)
Retirement home
Subsidiary apartment (See Gander Subsidiary Apartment
Regulations)
Secondary suite (See Gander Subsidiary Apartment
Regulations)
DEVELOPMENT STANDARDS
STANDARD
Single
Double
Row Dwelling (per unit)
Dwelling
Dwelling
End Unit
Interior Unit
(per unit)
Minimum lot area
390 m2
350 m2
315 m2
210 m2
Minimum lot frontage at building line
12.0 m
10.0 m
9.0 m
6.0 m2
Minimum street frontage
7.0 m
7.0 m
5.0 m
5.0 m
Minimum lot depth
35.0 m
35.0 m
35.0 m
-
Minimum frontyard
8.0 m
8.0 m
8.0 m
--
Minimum sideyard (each side)
1.5 m + 2.75 m
2.75 m
2.75 m
n/a
·-
Minimum sideyard flanking street
8.0 m
8.0 m
8.0 m
n/a
DEVELOPMENT STANDARDS
STANDARD
Single
Row Dwelling (per unit)
-
Environment & Infrastructure Solutions
wood pie.corn
Page 71
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
RESIDENTIAL HIGH DENSITY-1 (RHD-1) ZONE
Dwelling
Double
End Unit
Interior Unit
Dwelling
(per unit)
-
--
-
Average rearyard
12.0 m
12.0 m
12.0 m
----
-
~
nimum rearyard
10.0 m
10.0 m
10.0 m
-
-
Minimum floor area (excl. basement)
80 m2
70 m2
60 m2
Maximum lot coverage (all buildings)
33.0%
33.0%
33.0%
-
Maximum height
10.0 m or in accordance with airport height limitations (see
Appendix D), whichever is lower
STANDARD
Apartment Building (per unit)
~
1 Bedroom
I
2 Bedroom
I
3 Bedroom
Minimum lot area
150 m2
I
170 m2
I
180 m2
Minimum lot depth
40 m
--
Minimum frontyard
8.0m
Minimum sideyard (each side)
5.0 m + 5.0 m
Minimum sideyard flanking street
8.0 m
Average rearyard
12.0 m
-
--
Minimum rearyard
10.0 m
-
Minimum floor area
40.0 m2
I
50.0 m2
I
60.0 m2
Maximum lot coverage (all buildings)
33.0%
Maximum height
15.0 m or in accordance with airport height limitations (see
Appendix D), whichever is lower
--
CONDITIONS
9.4.1 Discretionary Use Classes
-
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and not contrary to the general intent of the
Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to public consultation and terms and conditions to ensure it will be
compatible with surrounding land uses and will not detract from the general residential and environmental quality
and amenities of the area.
9.4.2 Row Dwellings
1.
Row dwellings will be restricted to a maximum of six dwelling units per building.
2.
No two row dwellings will be erected on abutting lots.
9.4.3 Lodging House
If approved at Council's discretion, a single dwelling may be used for a lodging house provided that:
Environment & Infrastructure Solutions
wood pie.com
Page 72
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
1.
No more than three bedrooms will be available for rent.
2.
No addition or alteration shall be undertaken which changes the roof line; increases the of the building; or
extends into the front or side yards of the lot, except for dormers and/or structures necessary for public safety
such as fire escapes.
3.
Parking is provided as required in Appendix Band only in the sideyard and/or rearyard of the lot.
9.5
Residential High Density-2 (RHD-2) Zone
-
-
-
RESIDENTIAL HIGH DENSITY-2 (RHD-2) ZONE
PERMITTED USES
DISCRETIONARY USES
-
(See Regulation 8.4)
(See Regulations 3.15 and 8.5)
Conservation
Antenna
Double dwelling
Apartment building
Open space
Bed and breakfast (See Regulation 5.4)
Row dwelling
Club and lodge (See Condition 9.5.2)
Single dwelling
Collective residential
Subsidiary apartment (See Gander Subsidiary
Community garden
Apartment Regulations)
Convenience store
Secondary suite (See Gander Subsidiary
Group care centre
Apartment Regulations)
Home based business (See Regulation 5.10 and Gander
Transportation
Home Based Business Regulations)
Utility
Homeless shelter
Neighbourhood centre
Recreational open space
Residential care (See Regulation 5.14)
Retirement home
---
--
DEVELOPMENT STANDARDS
--
STANDARD
Single
Double
Row Dwelling (per unit)
Dwelling
Dwelling
End Unit
Interior Unit
(per unit)
-
--
-
-
-- -
-~
-
Minimum lot area
390 m2
350 m2
315 m2
210 m2
--
-
Minimum lot frontage at building line
12.0 m
10.0 m
9.0 m
6.0 m2
-
-
Minimum lot frontage at street line
7.0 m
--
7.0 m
5.0 m
5.0 m
Minimum lot depth
35.0 m
35.0 m
35.0 m
~-
--
-
-
Minimum frontyard
8.0 m
8.0 m
8.0 m
--
--
-
-
-
~
nimum sideyard (each side)
1.Sm+3.0m
3.0 m
3.0 m
n/a
-·
-f-
Minimum sideyard flanking street
8.0 m
8.0 m
8.0 m
n/a
~ verage rearyard
12.0 m
12.0 m
12.0 m
-
--
--
---
-
f--
-
Minimum rearyard
10.0 m
10.0 m
10.0 m
-
-
--
--
-
Minimum floor area (excl. basement)
70 m2
70 m2
60 m2
--
--~- ·-
-
Maximum lot coverage (all buildings)
33.0%
33.0%
33.0%
-
-
--
-
-
-
Environment & Infrastructure Solutions
wood pie.com
Page 73
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
~ --
RESIDENTIAL HIGH DENSITY-2 (RHD-2) ZONE
DEVELOPMENT STANDARDS
t-------
--
STANDARD
Single
Double
Row Dwelling (per unit)
Dwelling
Dwelling
End Unit
Interior Unit
(per unit)
~
Maximum height
10.0 m or in accordance with airport height limitations (see
t--
Appendix D), whichever is lower.
STANDARD
Apartment Building_ (per unit)
1 Bedroom
I
2 Bedroom
I
3 Bedroom
t-------
I
I
Minimum lot area
150 m2
170 m2
180 m2
Minimum lot depth
35 m
-
Minimum frontyard
8.0 m
Minimum sideyard (each side)
5.0 m + 5.0 m
Minimum sideyard flanking street
8.0 m
Average rearyard
12.0 m
--
--
--
Mir:iimum rearyard
10.0 m
Minimum floor area
40.0 m2
I
50.0 m2
I
60.0 m2
Maximum lot coverage (all buildings)
33.0%
Maximum height
15.0 m or in accordance with airport height limitations (see
Appendix D), whichever is lower
CONDITIONS
9.5.1 Discretionary Use Classes
-
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and not contrary to the general intent of the
Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to public consultation and terms and conditions to ensure it will be
compatible with surrounding land uses and will not detract from the general residential and environmental quality
and amenities of the area.
9.5.2 Club and Lodge
Club and lodge uses may be permitted as accessory uses in Retirement Homes and Residential Care facilities.
9.6
Residential Mini-Home (RMH) Zone
RESIDENTIAL MINI-HOME (RMH) ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
--~(_Se_e Regulation 8.4) __ _
(See Regulations 3.15_a_n_d_8_.5~) ____ ~
Environment & Infrastructure Solutions
wood pie.corn
Page 74
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
~
wood.
RESIDENTIAL MINI-HOME (RMH) ZONE
Conservation
Antenna
Mini-Home (See Condition 9.6.3)
Childcare (See Regulation 5.7)
Open space
Community garden
Transportation
Convenience store
Utility
Double dwelling
Home based business (See Regulation 5.10 and Gander
Home Based Business Regulations)
Mobile home (See Condition 9.6.3)
Neighbourhood centre
Recreational open space
Row dwelling (See Condition 9.6.2)
--
Tiny house (See Condition 9.6.4)
DEVELOPMENT STANDARDS
STANDARD
Mini-Home
Double
Row Dwelling
Tiny
Dwelling
(per unit)
House
(per unit)
End
Interior
Unit
Unit
Minimum lot area
360 m2
350 m2
315 m2
210 m2
150 m2
r-
Minimum frontage at building line
12.0 m
10.0 m
9.0 m
6.0 m
7.5 m
-
_Minimum lot depth
35.0 m
35.0 m
35.0 m
20.0 m
·-
--
Minimum frontyard
8.0 m
8.0 m
8.0 m
6.0 m
>--
--
3.om7
Minimum sideyard (each side)
1.5 m + 3.0 m
3.0 m
n/a
3.0 m
Minimum sidey1ard flanking street
8.0 m
8.0 m
8.0 m
n/a
6.0 m
~
mum rearyard
10.0 m
10.0 m
10.0 m
6.0 m
---
--
-
Minimum floor area (excl.
65 m2
70 m2
60 m2
25 m2
basement)
-
Maximum lot coverage (all
33.0%
33.0%
33.0%
33.0%
buildings)
DEVELOPMENT STANDARDS
-
-
STANDARD
Mini-Ho1
· Double
Row Dwelling
Tiny
Dwelling
(per unit)
House
(per unit)
End:-rnterior
Unit
Unit
~
----
Maximum height
10.0 metres or in accordance with airport height limitations (see
---------
Appendix D), whichever is lower
Environment & Infrastructure Solutions
wood pie.corn
Page 75
I
I
I
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
CONDITIONS
9.6.1 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and not contrary to the general intent of the
Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to public consultation and terms and conditions to ensure it will be
compatible with surrounding land uses and will not detract from the general residential and environmental quality
and amenities of the area.
9.6.2 Row Dwellings
1.
Row dwellings will be restricted to a maximum of six dwelling units per building.
2.
No two row dwellings will be erected on abutting lots.
9.6.3 Mini-Home and Mobile Home Extensions and Attached Structures
1.
No mini-home or mobile home extension or attached structure will be permitted unless approved by Council
and in accordance with conditions set by Council.
2.
All mini-home or mobile home extensions and attached structures shall be designed to be architecturally
similar in appearance to the mini-home or mobile home to which it is attached.
9.6.4 Tiny Houses
1.
No subdivision development designed to accommodate tiny houses shall be approved that does not include
a minimum of ten (10) adjoining lots.
2.
No tiny house will be permitted that:
a.
Is not located on a lot that forms part of subdivision of ten (10) or more adjoining lots designed
specifically for tiny houses.
b.
Does not have permanent provisions for living, sleeping, eating, cooking and sanitation.
c.
Is not constructed on a permanent foundation.
d.
Is not in full conformity with the National Building Code.
9.7
Residential Rural (RR) Zone
RESIDENTIAL RURAL (RR) ZONE
PERMITTED USES
DISCRETIONARY USES
(See Regulation 8_.4~)-----~----~(S_e_e_R~egulations 3.15 and 8.5)
Environment & Infrastructure Solutions
wood pie.corn
Page 76
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
-
Conservation
Open space
Single dwelling
wood.
-
RESIDENTIAL RURAL (RR) ZONE
Antenna
Arts and craft studio
Bed and breakfast (See Regulation 5.4)
Subsidiary apartment (See Gander Subsidiary
Campground (See Regulation 5.5)
Apartment Regulations)
Childcare (See Regulation 5.7)
Secondary suite (See Gander Subsidiary
Domestic sawmill (See Regulation 5.8)
Apartment Regulations)
Community garden
Transportation
Crop agriculture
Utility
Group care centre
Home based business (See Regulation 5.10 and Gander Home
Based Business Regulations)
Homeless shelter
Kennel (See Condition 9.7.2)
Neighbourhood centre
Personal livestock use - large animals (See Regulation 5.13)
Personal livestock use - small animals (See Regulation 5.13)
Place of worship
Recreational open space
Tourist cottage establishment (See Regulation 5.5)
,____.
--
Veterinary
--
DEVELOPMENT STANDARDS
-
-
STANDARD
Single Dwelling
---- -- -
-
Minimum lot area
4,050 m2 or as determined by Service NL, whichever is more
-
~
um lot frontage --
45.0 m or as determined by Service NL, whichever is more
Minimum frontyard
15.0 m
Minimum sideyard (each side)
3.0 m + 3.0 m
Minimum sideyard flanking street
8.0m
Minimum rearyard
12.0 m
-
- --
-
-
-
Maximum lot coverage
33.0%
1--
--
--
DEVELOPMENT STANDARDS
f-
--y
STANDARD
Single Dwelling
-
-
Maximum height
15.0 metres or in accordance with airport height limitations (see
Appendix D), whichever is lower
__ _
_
CONDITIONS
9. 7 .1 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and not contrary to the general intent of the
Municipal Plan and Development Regulations.
Environment & Infrastructure Solutions
wood pie.com
Page 77
I
I
I
I
I
I
Town of Gander
Development Regulations (Final)
Wood Project #: TF1770707
7 June 2021
wood.
Approval of a discretionary use will be subject to public consultation and terms and conditions to ensure it will be
compatible with surrounding land uses and will not detract from the general residential and environmental quality
and amenities of the area.
9.7.2 Kennels
A kennel, if approved by Council, may be subject to such terms and conditions deemed necessary to restrict the
number of dogs, cats, or other animals on the premises and to minimize potential noise, odour, and other impacts
on neighbouring land uses.
9.8
Town Centre (TC) Zone
TOWN CENTRE (TC) ZONE
-PERMITTED USES
(See Regulation 8.4)
f---
__
_..:...__
-----
DISCRETIONARY USES
(See Regulations 3.15 and 8.5)
Childcare (See Regulation 5.7)
Communications
Conservation
Convenience store
Cultural and civic
General assembly
General service
Indoor market
Medical service
Office
Open space
Personal service
Professional service
Shop
Take-out food service
Transportation
Utility
Veterinary
Amusement
Antenna
Apartment building
Apartments over permitted uses
Cannabis retail outlet (See Regulation 5.6)
Catering
Club and lodge
Collective residential
Commercial residential
Drinking establishment
Educational
Emergency service
Homeless shelter
Indoor assembly
Outdoor assembly
Outdoor market
Community garden
Place of worship
Recreational open space
Shopping centre
Taxi stand
----~-------------------
DEVELOPMENT STANDARDS
>------------------~----------------
STANDARD
All Uses (Except Apartment Buildings)
Minimum frontyard
Minimum sideyard (except where
buildings have adjoining walls)
Minimum rearyard
.._
____
._ ______ _
Environment & Infrastructure Solutions
10.0 m
-
5.0 m
-----
10.0 m
wood pie.corn
Page 78
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
I
wood.
7 June 2021
-
--
-
-
TOWN CENTRE (TC) ZONE
Maximum height
I
15 m or in accordance with airport height limitations (see
Appendix D), whichever is lower
t---
-----
STANDARD
Apartment Building (per unit)
1 Bedroom
I
2 Bedroom
I
3 Bedroom
-
I
J_
Minimum lot area
150 m2
170 m2
180 m2
- -
Minimum lot depth
35 m
---
Minimum frontyard
8.0 m
-
-
Minimum sideyard (each side)
5.0 m + 5.0 m
Minimum sideyard flanking street
8.0 m
--
--
Average rearyard
12.0 m
-
--
--
Minimum rearyard
10.0 m
Minimum floor area
40.0 m2
I
50.0 m2 =r-
60.0 m2
--
Maximum lot coverage (all building_&_
33.0%
-
-
Maximum height
15.0 m or in accordance with airport height limitations (see
Appendix D), whichever is lower
-
CONDITIONS
9.8.1 Discretionary Use Classes
-
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and is not contrary to the general intent of the
Municipal Plan and Development Regulations.
I
I
Approval of a discretionary use will be subject to public consultation and terms and conditions to ensure it will be
I
compatible with surrounding land uses and will not detract from the general quality and amenities of the area.
9.9
Commercial General (CG) Zone
------------------ ---
PERMITTED USES
(See Regulation 8.4)
t-------~-~
Childcare (See Regulation 5.7)
Communications
Community garden
Conservation
Cultural and civic
Emergency service
General service
Indoor market
Medical service
Environment & Infrastructure Solutions
COMMERCIAL GENERAL (CG) ZONE
DISCRETIONARY USES
(See Regulations 3.15 and 8.5)
Amusement
Antenna
Apartment Building
Apartments over permitted uses
Autobody shop (See Condition 9.9.3)
Cannabis retail outlet (See Regulation 5.6)
Catering
Club and lodge
Collective residential
----
wood pie.com
Page 79
I
I
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
~
--
Office
Open space
Passenger assembly
Personal service
Professional service
Shop
Taxi stand
Transportation
Utility
Veterinary
-
STANDARD
Minimum frontyard
Minimum sideyard (except where
buildings have adjoining walls)
Minimum rearyard
--
Maximum height
-
STANDARD
--
--
Minimum lot area
-
Minimum lot depth
Minimum frontyard
~
mum sideyard (each side)
Minimum sideyard flanking street
~
ge rearyard
Minimum rearyard
Minimum floor area
-
-
Environment & Infrastructure Solutions
wood.
-
-
COMMERCIAL GENERAL (CG) ZONE
Commercial residential
Convenience store
Crematorium (See Condition 9.9.5)
Crop agriculture (See Condition 9.9.6)
Drinking establishment
Educational
Funeral home (See Condition 9.9.5)
Garden centre
General assembly
General industry (See Condition 9.9.2)
Homeless shelter
Kennel (See Condition 9.9.4)
Light industry (See Condition 9.9.2)
Lumber yard
Outdoor assembly
Outdoor market
Recreational open space
Recycling depot
Service station (See Regulation 5.16)
Shopping centre
Take-out food service
Vehicle sales and rentals establishment
-
- -
DEVELOPMENT STANDARDS
All Uses (Except Apartment Buildings)
10.0 m
-
5.0 m
10.0 m
15 m or in accordance with airport height limitations (see
Appendix D), whichever is lower
-
Apartment Building (per unit)
-
-
1 Bedroom
I
2 Bedroom
I
3 Bedroom
-
150 m2
I
170 m2
I
180 m2
-
-
35 m
--
8.0 m
-
5.0 m + 5.0 m
8.0 m
-
f-
-
-
--
-
12.0 m
-~
--
--- ---
- -- --
10.0 m
-
40.0 m2
[ __
50.0m 2
I
60.0 m2
-
--
wood pie.corn
Page 80
Town of Gander
Development Regulations (Final)
Wood Project #: TF1770707
7 June 2021
-
COMMERCIAL GENERAL (CG) ZONE
Maximum lot coverage (all buildings)
wood.
33.0%
Maximum height
15.0 m or in accordance with airport height limitations (see
Appendix D), whichever is lower
~
--
CONDITIONS
9.9.1 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and is not contrary to the general intent of the
Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to public consultation and terms and conditions to ensure it will be
compatible with surrounding land uses and will not detract from the general quality and amenities of the area.
9.9.2 Industrial Uses
A light or general industrial use, if permitted at Council's discretion, will be limited to one that involves the assembly
of component parts and will not involve chemical processes that might result in the emission of gases, use of high
volumes of water, or generate significant truck traffic.
9.9.3 Autobody Shop
An autobody shop, if permitted at Council's discretion, must be part of an existing or new automobile sales
establishment.
9.9.4 Kennels
A kennel, if approved by Council, may be subject to such terms and conditions deemed necessary to restrict the
number of dogs, cats, or other animals on the premises and to minimize potential noise, odour, and other impacts
on neighbouring land uses.
9.9.5 Funeral Homes and Crematoriums
1.
Separate development applications will be required for a funeral home and a crematorium even if these uses
are proposed as one integrated development.
2.
A crematorium will not be located closer than 100 metres from the boundary of any other zone except the
Environmental Protection, Industrial General, Airport, Utility, Highway Corridor, and Rural zones.
9.9.6 Crop Agriculture
Crop agriculture shall be restricted to market gardens.
Environment & Infrastructure Solutions
wood pie.com
Page 81
I
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
9.10 Commercial Shopping Centre (CSC) Zone
-
-
COMMERCIAL SHOPPING CENTRE (CSC) ZONE
PERMITTED USES
DISCRETIONARY USES
-
(See Regulation 8.4)
(See Regulations 3.15 and 8.5)
-
Childcare
Amusement
Communication
Antenna
Conservation
Cannabis retail outlet (See Regulation 5.6)
General assembly
Catering
General service
Convenience store
Medical service
Crop agriculture (See Condition 9.10.4)
Office
Drinking establishment
Open space
Garden centre
Personal service
Homeless shelter
Professional service
Indoor market
Shop
Outdoor market
Shopping centre
Light industry (See Condition 2)
Transportation
Lumber yard
Utility
Recreational open space
Veterinary
Service station (See Regulation 5.16)
Take-out food service
Taxi stand
Vehicle sales and rentals establishment
---
DEVELOPMENT STANDARDS
STANDARD
All Uses
~
---
-
Minimum frontyard
10.0 m
Minimum sideyard (except where buildings have
5.0 m
adjoining walls)
--
·-
Minimum rearyard
10.0 m
-
Maximum height
15 m or in accordance with airport height limitations
~
--
(see Appendix D), whichever is lower
CONDITIONS
9.10.1 Discretionary Use Classes
-
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and is not contrary to the general intent of the
Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to public consultation and terms and conditions to ensure it will be
compatible with surrounding land uses and will not detract from the general quality and amenities of the area.
Environment & Infrastructure Solutions
wood pie.corn
Page 82
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
9.10.2 Industrial Uses
I
wood.
A light industrial use, if permitted at Council's discretion, will be limited to one that involves the assembly of
component parts and will not involve chemical processes that might result in the emission of gases, use of high
volumes of water, or generate significant truck traffic.
9.10.3 Open Storage
No open storage of goods or materials will be permitted and all uses shall be conducted within an enclosed
building or appropriately fenced-off and screened area.
9.10.4 Crop Agriculture
Crop agriculture shall be restricted to market gardens.
9.11
Commercial Highway (CH) Zone
COMMERCIAL HIGHWAY (CH) ZONE
PERMITTED USES
DISCRETIONARY USES
(See Regulation 8.4)
(See Regulations 3.15 and 8.5)
Commercial residential
Antenna
Conservation
Catering
Passenger assembly
Communications
Office (See Condition 9.12.2)
Crop agriculture (See Condition 9.11.3)
Open space
Convenience store
Transportation
Drinking establishment
Utility
Homeless shelter
Indoor market
Recreational open space
Service station (See Regulation 5.16)
Shop (See Condition 9.11 .2)
Take-out food service
Taxi stand
DEVELOPMENT STANDARDS
--
STANDARD
All Uses
Minimum frontyard
15.0 m
Minimum sideyard (except where buildings have
5.0 m
adjoining walls)
Minimum rearyard
10.0 m
-
-
Maximum height
15 m or in accordance with airport height limitations
(see Appendix D), whichever is lower
Environment & Infrastructure Solutions
wood pie.com
Page 83
Town of Gander
Development Regulations (Final)
Wood Project #: TF1770707
wood.
7 June 2021
CONDITIONS
9.11.1 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and is not contrary to the general intent of the
Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to public consultation and terms and conditions to ensure it will be
compatible with surrounding land uses and will not detract from the general quality and amenities of the area.
9.11.2 Shops and Offices
A shop or office may only be permitted as accessory use to a main use.
9.11.3 Crop Agriculture
Crop agriculture shall be restricted to market gardens.
9.11.4 Open Storage
No open storage of goods or materials will be permitted and all uses shall be conducted within an enclosed
building or appropriately fenced-off and screened area.
9.12
Commercial Local (CL) Zone
COMMERCIAL LOCAL (CL) ZONE
PERMITTED USES
DISCRETIONARY USES
(See Regulation 8.4)
(See Regulations 3.15 and 8.5)
--------+-----~-~ -------~-----;
Childcare (See Regulation 5.7)
Community garden
Conservation
Convenience store
General service
Medical service
Office
Open space
Personal service
Professional service
Shop
Transportation
Utility
~
-
-- -----
STANDARD
-
-
---
Minimum frontyard
Minimum sideyard (except where
buildings have adjoining walls)
Minimum rearyard
Environment & Infrastructure Solutions
Antenna
Apartment building
Apartment over permitted uses
Catering
Homeless shelter
Indoor market
Outdoor market
Residential care home (See Regulation 5.14)
Retirement home
Service station (See Regulation 5.16)
Take-out food service
DEVELOPMENT STANDARDS
All Uses (Except Apartment Buildings)
15.0 m
---+- -- ----- - ----
5.0 m
---
10.0 m
wood pie.corn
-
-
Page 84
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
-
-
COMMERCIAL LOCAL (CL) ZONE
Maximum height
15 m or in accordance with airport height limitations (see
Appendix D), whichever is lower
STANDARD
Apartment Building (per unit)
1 Bedroom
I
2 Bedroom
I
3 Bedroom
Minimum lot area
150 m2
I
170 m2
I
180 m2
Minimum lot depth
35 m
-
Minimum frontyard
8.0 m
Minimum sideyard (each side)
5.0 m + 5.0 m
Minimum sideJ'ard flanking street
8.0 m
Average rearyard
12.0 m
Minimum rearyard
10.0 m
STANDARD
Apartment Building (per unit)
1 Bedroom
I
2 Bedroom
I
3 Bedroom
Minimum floor area
40.0 m2
I
50.0 m2
I
60.0 m2
Maximum lot coverage (all buildings)
33.0%
Maximum height
15.0 m or in accordance with airport height limitations (see
Appendix D), whichever is lower
CONDITIONS
9.12.1 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and is not contrary to the general intent of the
Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to public consultation and terms and conditions to ensure it will be
compatible with surrounding land uses and will not detract from the general quality and amenities of the area.
9.12.2 Open Storage
No open storage of goods or materials will be permitted and all uses shall be conducted within an enclosed
building.
9.12.3 Design
Building design, landscaping, lighting, and advertisements must ensure sound, attractive development which
preserves the appearance and amenities of surrounding residential areas.
Commercial local uses shall be restricted to arterial and collector roads. Access points shall be limited to curb
ramps at selected points agreed upon between the developer and the Town. Building sites shall provide for
adequate off-street parking, loading, and other required facilities.
Environment & Infrastructure Solutions
wood pie.corn
Page 85
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
9.13
Commercial Light Industrial (CLI) Zone
-
--
COMMERCIAL LIGHT INDUSTRIAL (CLI) ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 3.26 and 8.5)
Conservation
Antenna
Emergency service
Autobody shop
Garden centre
Crematorium (See Condition 9.13.7)
General service
Crop agriculture
Light industry
Funeral home (See Condition 9.13.7)
Office (See Condition 9.13.2)
General garage (See Regulation 5.16)
Open space
General industry
Shop (See Condition 9.13.2)
General service
Transportation
Kennel (See Condition 9.13.4)
Utility
Lumber yard
Recreational open space
Recycling depot
Recycling facility
Service station (See Regulation 5.16)
Taxi stand
Vehicle sales and rental establishment
Waste transfer station (See Regulation 5.20)
-
--
DEVELOPMENT STANDARDS
All Uses
-
Minimum frontyard
10.0 m
Minimum sideyard
5.0 m
Minimum sideyard flanking street
10.0 m
Minimum rearyard
15.0 m
wood.
Maximum height
15 m or in accordance with airport height limitations
(see Appendix D), whichever is lower
CONDITIONS
9.13.1 Discretionary Uses
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and is not contrary to the general intent of the
Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will be compatible with
surrounding land uses and will not detract from the general quality and amenities of the area.
9.13.2 Offices and Shops
An office or shop may be permitted only as an accessory use to a permitted main use.
Environment & Infrastructure Solutions
wood pie.com
Page 86
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
9.13.3 Outdoor Storage
wood.
Council may require fencing or other forms of screening of an outdoor storage area where the quantity or type of
material being stored would contribute to unsightly appearance.
9.13.4 Kennels
A kennel, if approved by Council, may be subject to such terms and conditions deemed necessary to restrict the
I
number of dogs, cats, or other animals on the premises and to minimize potential noise, odour, and other impacts
on neighbouring land uses.
9.13.5 Dangerous, Hazardous, and Noxious Uses
In accordance with Regulation 4.17, 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, noxious, or polluting substance that would
affect neighbouring properties.
9.13.6 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.
9.13.7 Funeral Homes and Crematoriums
1.
Separate development applications will be required for a funeral home and a crematorium even if these uses
are proposed as one integrated development.
2.
A crematorium will not be located closer than a distance of 100 metres from the boundary of any other zone
except the Environmental Protection, Industrial General, Airport, Utility, Highway Corridor, and Rural zones.
9.14
Industrial General (IG) Zone
INDUSTRIAL GENERAL (IG) ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 3.15 and 8.5)
----+-----
Auto body shop
Conservation
General garage (See Regulation 5.16)
General industry
Light industry
Office (See Condition 9.14.2)
Open space
Service station (See Regulation 5.16)
Shop (See Condition 9.14.2)
Transportation
Utility
Antenna
Crematorium (See Condition 9.14.6)
Crop agriculture
Emergency service
General service
Hazardous industry
Lumber yard
Recreational open space
Recycling depot
Recycling facility
Salvage yard (See Regulation 5.15)
Waste transfer station (See Regulation 5.20)
-~ --
DEVELOPMENT STANDARDS
Environment & Infrastructure Solutions
wood pie.com
-
Page 87
I
Town of Gander
Development Regulations (Final)
Wood Project #: TF1770707
7 June 2021
----
-
Minimum frontyard
Minimum sideyard
-
INDUSTRIAL GENERAL (IG) ZONE
-
Minimum sideyard flanking street
Minimum rearyard
wood.
--
All Uses
10.0 m
-
5.0 m
-----
10.0 m
--
15.0 m
Maximum height
15 m or in accordance with airport height limitations
-
(see Appendix D), whichever is lower
CONDITIONS
9.14.1 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and not contrary to the general intent of the
Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will be compatible with
surrounding land uses and will not detract from the general quality and amenities of the area.
9.14.2 Offices and Shops
An office or shop may be permitted only as an accessory use to a main use.
9.14.3 Outdoor Storage
Council may require fencing or other forms of screening of an outdoor storage area where the quantity or type of
material being stored would contribute to unsightly appearance.
9.14.4 Dangerous, Hazardous, and Noxious Uses
In accordance with Regulation 4.17, 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, noxious, or polluting substance that would affect
neighbouring properties.
9.14.5 Flammable Liquids Storage
All buildings, tanks, and structures related to the bulk storage of flammable liquids shall 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.
9.14.6 Crematoriums
1.
A crematorium will not be located closer than a distance of 100 metres from the boundary of any other zone
except the Environmental Protection, Commercial-Light Industrial, Airport, Utility, Highway Corridor, and Rural
zones.
2.
A funeral home will not be permitted in the IG zone.
Environment & Infrastructure Solutions
wood pie.com
Page 88
Town of Gander
Development Regulations (Final)
Wood Project #: TF1770707
wood.
7 June 2021
9.14.7 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.
9.15
Tourism Recreation (TR) Zone
--
TOURISM RECREATION (TR) ZONE
PERMITTED USES
DISCRETIONARY USES
(See Regulation 8.4)
(See Regulations 3.15 and 8.5)
Conservation
Accessory dwelling (See Condition 9.15.7)
Open space
Amusement
Recreational open space
Antenna
Transportation
Campground (See Regulation 5.5)
Utility
Catering (See Condition 9.15.4)
Club and lodge
Commercial residential
Community garden
Convenience store (See Condition 9.15.4)
Crop agriculture (See Condition 9.15.6)
Cultural and civic
General assembly
Indoor assembly
Office (See Condition 9.15.4)
Outdoor assembly
Outdoor market
Community garden
Shop (See Condition 9.15.4)
Take-out food service (See Condition 9.15.4)
Tourist cottage establishment (See Regulation 5.5)
DEVELOPMENT STANDARDS
STANDARD
All Uses
Minimum frontyard
25.0 m
Minimum sideyard (except where buildings have
5.0 m
~
joining walls)
-
Minimum rearyard
20.0 m
Maximum height
8 m or in accordance with airport height limitations
~ -
-
---
--
(see Appendix D), whichever is lower
CONDITIONS
Environment & Infrastructure Solutions
wood pie.corn
Page 89
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
9.15.1 Discretionary Use Classes
wood.
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and is not contrary to the general intent of the
Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to public consultation and terms and conditions to ensure it will be
compatible with surrounding land uses and will not detract from the general quality and amenities of the area.
9.15.2 Planning and Design
An approved development in the TR zone will be subject t to the following:
1.
It will be designed and maintained to a high standard with regard to safety, appearance, and compatibility
with surrounding land uses.
2.
It will meet all development standards and conditions deemed necessary by Council.
3.
No change will be permitted in the type or scale of the use except in accordance with a new development
permit and conditions set by Council.
9.15.3 Development Plan
No tourism or recreation use will be permitted in the TR zone until Council has approved a detailed development
plan. A development plan will include the following:
1.
Delineation of the development plan on a scale drawing of the site,
2.
A full description of the site's biophysical features and the constraints and opportunities they represent,
3.
A demonstration of how the development will be compatible with adjacent land uses,
4.
Location of all development components,
5.
Accesses, internal roadways, and parking areas,
6.
Water supply and wastewater disposal,
7.
Landscaping,
8.
Internal roadway dimensions and construction standards, and
9.
If required by Council, a development phasing plan.
9.15.4 Catering, Convenience Stores, Offices, Shops and Take-Out Food Services
A catering use, convenience store, office, shop, or take-out food service may be permitted only as an accessory
use to a permitted main use (e.g. tourist cottage establishment, campground, recreational open space, assembly
use) if deemed by Council to be appropriate for the area.
9.15.5 Campgrounds and Tourist Cottage Establishments
A minimum buffer of 30 metres will be maintained between the development footprint of a campground or tourist
cottage establishment and the boundary of an abutting or nearby residential property.
9.15.6 Crop Agriculture
Crop agriculture shall be restricted to market gardens.
Environment & Infrastructure Solutions
wood pie.com
Page 90
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
9.15.7 Accessory Dwelling
wood.
1.
An accessory dwelling will be considered for approval only in the case of a main commercial use that Council
deems to be economically important and where the applicant provides convincing evidence that full-time
habitation of the property is fundamental to the feasible operation of the commercial operation.
2.
The accessory dwelling will be subject to such other terms and conditions as deemed appropriate by Council.
9.16
Public Institutional (Pl) Zone
PUBLIC INSTITUTIONAL (Pl) ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 3.15 and 8.5)
Childcare (See Regulation 5.7)
Antenna
Community garden
Catering (See Condition 9.16.3)
Conservation
Cemetery (see Condition 9.16.4)
Cultural and civic
Club and lodge
Educational
Collective residential
Medical service
Correctional detention
Medical treatment and special care
Emergency service
Office (See Condition 9.16.3)
General assembly
Open space
Homeless shelter
Transportation
Indoor assembly
Utility
Manse
Outdoor assembly
Place of worship
Recreational open space
Residential care
Shop (See Condition 9.16.3)
DEVELOPMENT STANDARDS
f--
--
All Uses
Minimum frontyard
10.0 m
Minimum sideyard
5.0 m
Minimum sideyard flanking street
10.0 m
Minimum rearyard
10.0 m
Maximum height
15 m or in accordance with airport height limitations
(see Appendix D), whichever is lower
CONDITIONS
9.16.1 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and is not contrary to the general intent of the
Municipal Plan and Development Regulations.
Environment & Infrastructure Solutions
wood pie.com
Page 91
Town of Gander
Development Regulations (Final)
Wood Project #: TF1770707
wood.
7 June 2021
Approval of a discretionary use will be subject to terms and conditions to ensure it will be compatible with
surrounding land uses and will not detract from the general quality and amenities of the area.
9.16.2 Landscaping
All land except that used for parking and vehicle access must be landscaped and maintained by the landowner to
the satisfaction of Council.
9.16.3 Shops, Offices and Catering
A shop or office use will only be permitted if it is accessory to a main use.
9.16.4 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.
9.17
Open Space (OS) Zone
OPEN SPACE (OS) ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 3.15 and 8.5)
Community garden
Antenna
Conservation
Catering (See Condition 9.17.4)
Open space
Cemetery (See Condition 9.17.3)
Dock
Marina
Outdoor assembly
Outdoor market (See Condition 9.17.5)
Recreational open space
Take-out food service (See Condition 9.17.4)
Transportation
Utility
-
CONDITIONS
9.17 .1 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and is not contrary to the general intent of the
Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will be compatible with
surrounding land uses and will not detract from the general quality and amenities of the area.
Environment & Infrastructure Solutions
wood pie.corn
Page 92
Town of Gander
Development Regulations (Final)
Wood Project # : TF1770707
wood.
7 June 2021
9.17.2 Development Standards
All development must meet the development standards prescribed by Council.
9.17 .3 Cemetery
1.
A cemetery, if permitted at Council's discretion, will be subject to such terms and conditions, as Council 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.
9.17.4 Catering and Take-out Food Services
Catering and take-out food services may be permitted only as accessory uses to a main use such as a marina or
assembly use.
9.17 .5 Outdoor Markets
Outdoor markets may be permitted only on a temporary basis, for example, during community events.
9.18
Open Space Recreation (OSR) Zone
-
-
OPEN SPACE RECREATION (OSR) ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 3.15 and 8.5)
Childcare (See Regulation 5.7)
Antenna
Community garden
Catering (See Condition 9.18.3)
Conservation
General assembly
Open space
Indoor assembly
Recreational open space
Outdoor assembly
Transportation
Outdoor market
Take-out food service (See Condition 9.18.3)
-
Utility
CONDITIONS
9.18.1 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and is not contrary to the general intent of the
Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will be compatible with
surrounding land uses and will not detract from the general quality and amenities of the area.
9.18.2 Development Criteria
All development must meet the development standards prescribed by Council.
Environment & Infrastructure Solutions
wood pie.corn
Page 93
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
9.18.3 Catering and Take-out Food Services
wood.
Catering and take-out food services may be permitted only as accessory uses to a main use such as a marina,
assembly use, or recreational open space use.
9.19
Utility (UT} Zone
UTILITY (UT) ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 3.15 and 8.5)
Conservation
Antenna
Transportation
Electrical utility
General industrial (See Condition9.19.2)
Light industrial (See Condition 9.19.2)
Recycling facility
Solid waste facility
Waste transfer station (See Regulation 5.20)
Wastewater utility
Water supply utility
CONDITIONS
9.19.1 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 and compatible with the general purposes of this zone, which is to provide public utility
services, and will not be contrary to the general intent of the Municipal Plan and Development Regulations.
9.19.2 General and Light Industrial
A general or industrial use may be permitted only as an accessory use to a main utility use.
9.20
Highway Corridor (HC} Zone
HIGHWAY CORRIDOR (HC) ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 3.15 and 8.5)
Conservation
Open space
Transportation
~
-
-
Environment & Infrastructure Solutions
wood pie.corn
-
Page 94
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
CONDITIONS
9.20.1 Development Approval
wood.
Development in the Highway Corridor zone must be approved by the Department of Transportation and Works.
9.21
Rural (RU) Zone
RURAL (RU) ZONE
PERMITTED USE CLASSES
(See Regulation 8.4)
Community garden
Conservation
Crop agriculture
Forestry
Mineral exploration (See Regulation 5.11)
Open space
Petroleum exploration (See Regulation 5.11)
Transportation
Utility
DISCRETIONARY USE CLASSES
(See Regulations 3.15 and 8.5)
Accessory dwelling (See Condition 9.21.2)
Antenna
Asphalt plant (See Condition 9.21.4)
Campground (See Regulation 5.5)
General industrial (See Condition 9.21.3)
Hazardous industry (See Condition 9.21 .5)
Light industry (See Condition 9.21.3)
Livestock agriculture (See Regulation 5.3)
Mineral working (See Regulation 5.12)
Mining
Outdoor market (See Condition 9.21.8)
Petroleum extraction
Recreational open space
Salvage yard (See Regulation 5.15)
Shop (See Condition 9.21 .8)
Tourist cottage establishment (See
Regulation 5.5)
~------------------~W_aste transfer station (See Regulation 5.20)
CONDITIONS
9.21.1 Discretionary Use Classes
-
The discretionary use classes listed in this table may be permitted at Council's discretion provided the development
will be compatible with the uses within the Permitted Use Classes and is not contrary to the general intent of the
Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will be compatible with
surrounding land uses and will not detract from the general quality and amenities of the area.
9.21.2 Accessory Dwelling
1.
An accessory dwelling will be considered for approval only in the case of a commercial farm or other main
commercial use that Council deems to be economically important and where the applicant provides
convincing evidence that full-time habitation of the property is fundamental to the feasible operation of the
Environment & Infrastructure Solutions
wood pie.com
Page 95
I
I
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
farm or commercial operation.
wood.
2.
The accessory dwelling will be subject to such other terms and conditions as deemed appropriate by Council.
9.21.3 General and Light Industry
At its discretion, Council may permit a general or industrial use that is clearly accessory to an agricultural, forestry,
salvage yard, or mineral working use, or that meets the following criteria:
1.
The use is unsuitable for a built-up area by reason of appearance, noise, vibration, smell, fumes, smoke, grit,
soot, ash, dust, or glare.
2.
The use requires large outdoor areas for open storage and handling of materials, goods, and equipment.
3.
The use is capable of being serviced by on-site water and sewage services.
4.
The use can be screened from public streets and lands designated for urban uses.
5.
The use generates low volumes of traffic.
6.
The use will have no deleterious effects on the environment.
7.
The use does not include warehousing, wholesale, or retail activities.
8.
The use will be subject to such other terms and conditions as deemed appropriate by Council.
9.21.4 Asphalt Plant
At its discretion, Council may permit an asphalt plant only if it is located a minimum distance of two (2.0) kilometres
from a developed area and will have no deleterious effects on the environment.
9.21.5 Hazardous Industry
At its discretion, Council may permit a hazardous industrial use that is unsuitable for a built-up area by reason of
appearance, noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, and glare, and only if the use will have no
deleterious effects on the environment.
9.21.6 Dangerous, Hazardous, and Noxious Uses
In accordance with Regulation 4.17, 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, noxious, or polluting substance that would affect
the natural environment or neighbouring properties.
9.21.7 Flammable Liquids Storage
All buildings, tanks, and structures related to the bulk storage of flammable liquids shall 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.
9.21.8 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.
Environment & Infrastructure Solutions
wood pie.com
Page 96
Town of Gander
Development Regulations (Final)
Wood Project #: TF1770707
7 June 2021
9.21.9 Exemption from Street Frontage Requirement
wood.
At Council's discretion, approved buildings in this zone may be exempted from Regulation 4.16 of these
Regulations only if the proposed use conforms with all conditions outlined in these Regulations as well as other
conditions that may be set by Council.
9.22
Residential Seasonal (RS) Zone
RESIDENTIAL SEASONAL (RS) ZONE
PERMITTED USES
DISCRETIONARY USES
(See Regulation 8.4)
(See Regulations 3.15 and 8.5)
Conservation
Antenna
Open space
Recreational dwelling
DEVELOPMENT STANDARDS
STANDARD
Recreational Dwelling
Minimum lot area
4,050 m2
Minimum lot width
45.0 m
CONDITIONS
9.22.1 Exemption from Street Frontage Requirement
Lots in this zone may be exempted from Regulation 4.16, which does not permit a building to be erected on a lot
that does not front onto a public street.
9.22.2 Road Upkeep and Maintenance
No access road to a cottage area in the Residential Seasonal zone the responsibility of Council to maintain except
where Council takes ownership of such a road.
9.23
Future Development Area (FDA) Zone
FUTURE DEVELOPMENT AREA (FDA) ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
- -
(See Regulations 3.15 and 8.5)
Conservation
Antenna
Forestry
Mineral working (See Regulation 5.12)
Mineral exploration (See Regulation 5.11)
Recreational open space (See Condition
Open space
9.23.3)
Petroleum exploration (See Regulation 5.11)
Utility
Transportation
----
-
Environment & Infrastructure Solutions
wood pie.corn
Page 97
I
I
I
Town of Gander
Development Regulations (Final)
Wood Project #: TF1770707
wood.
7 June 2021
CONDITIONS
9.23.1 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council provided the
development would not inhibit or prejudice future urban development of the area or be contrary to the general
intent of the Municipal Plan and these Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will be compatible with
surrounding land uses and will not detract from the general quality and amenities of the area.
9.23.2 Built-Up Development Not Permitted
No buildings, structures, or significant clearing or excavation of land for the purposes of development will be
permitted in FDA zone. Any application for residential or other built-up development in the FDA zone will first
require an amendment to the Municipal Plan and these Development Regulations.
9.23.3 Recreational Open Space
(1)
The only recreational open space use that may be permitted at Council's discretion is a multi-use trail.
(2)
A multi-use trail may be permitted only if:
a.
It is located and constructed so as not to impede or be an obstruction to future urban
development,
b.
Potential environmental effects will be minimized or mitigated to the satisfaction of Council, and
c.
The development meets all other terms and conditions set by Council.
9.24 Airport (AP) Zone
9.24.1 Development Planning and Control
Land use and development in the Airport zone is subject to the authority and standards of Gander International
Airport.
Environment & Infrastructure Solutions
wood pie.com
Page 98
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
Environment & Infrastructure Solutions
wood.
I
wood pie.corn
Page 99
I
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
APPENDIX A:
CLASSIFICATION OF USES OF LAND AND BUILDINGS
Environment & Infrastructure Solutions
wood pie.corn
wood.
Page 100
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
Environment & Infrastructure Solutions
wood pie.corn
I
wood.
Page 101
I
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
wood.
APPENDIX A: 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 Part 9.0 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
Accessory Building
Sheds, garages, greenhouses, root cellars, personal
RESIDE NTIAL USES
livestock shelters, decks gazebos
Accessory Dwelling
Farmhouses, farm worker accommodations
~
Apartment Building
Apartment buildings
Apartment Over
Apartment dwellings over retail stores, offices, and
Permitted Use
other commercial uses
Bed and Breakfast
Bed and breakfast
>--- --
Collective Residential
School and college residences, nurse and hospital
residences, worker residences
Double Dwelling
Semi-detached dwellings, duplex dwellings
Home based business
Home based businesses
-
Lodging House
Lodging houses, boarding houses
-
Manse
Manses
Mini-home
Mini-homes
Mobile home
Mobile homes
Recreational Dwelling
Cabins, cottages, hunting and fishing cabins
-
Residential Care Home
Personal care homes, nursing homes, group homes,
long-term care facilities
Retirement Home
Seniors apartment buildings and townhouses,
retirement cottages
Row Dwelling
Row houses, townhouses
-
-
Single Dwelling
Single detached dwellings
~
--
-
Subsidiary Apartment
Basement apartments, in-law suites
~
Tiny House
Tiny houses
--
--
- --
Environment & Infrastructure Solutions
wood pie.com
Page 102
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
GROUP
INSTITUTIONAL,
PUBLIC, AND
ASSEMBLY USES
CLASS
Childca re
Club an d Lodge
Correct ional Detention
Cultura I and Civic
ional
Educat
Emerge
Genera
ncy Service
I Assembly
Indoor Assembly
Medica
Sp
I Treatment and
ecial Care
ourhood
Neighb
Ce ntre
Outdo or Assembly
Passen ger Assembly
Place o f Worship
-- - -
Theatre
Environment & Infrastructure Solutions
-
wood.
EXAMPL ES
Day care
child
centres, home childcare services, early
hood education services
Service cl ubs and lodges, social clubs and lodges,
te clubs and lodges
priva
Jails, pris ons, reformatories
Libraries,
halls,
museums, art galleries, courtrooms, meeting
Council chambers
Schools, colleges
Police st ations, fire stations, ambulance services
Commun ity halls, church halls, service club halls,
e halls, auditoriums, convention centres
danc
Arenas, r ecreation centres, indoor swimming pools,
ss clubs, gymnasiums, bowling alleys, curling
fitne
rinks
Hospitals , medical centres, medical clinics, long-term
facilities
care
Social ce ntres, family support centres, gathering
es
plac
Bleacher s, grandstands, outdoor theatres, outdoor
rinks, outdoor swimming pools, amusement
park s, fairgrounds, concert grounds, exhibition
nds, drive-in theatres
grou
Airport t erminals, bus stations
Churches , church halls, mosques, temples,
gogues
syna
-
Cinemas, movie theatres, performance theatres
woodplc.com
Page 103
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
--
-~ --
GROUP
CLASS
Amusement
COMMERCIAL USES
~
Arts and craft studio
Autobody Shop
Campground
Cannabis Retail Outlet
Catering
Commercial
Residential
Communications
Convenience Store
Crematorium
-Drinking Establishment
Entertainment
Funeral Home
Garden Centre
-General Garage
~
General Service
Indoor Market
--
Kennel
Lumber Yard
-
--
Medical service
-
Office
-
-
-----
Environment & Infrastructure Solutions
wood.
EXAMPLES
Games arcades, poolrooms, bowling alleys, youth
centres
Arts and craft studio, arts and craft shop
--
Autobody shops
Campgrounds, trailer parks, RV parks
Cannabis retail outlets
Restaurants, coffee shops, bake shops
Hotels, motels, inns, hostels
Radio stations, television stations
Convenience stores, confectionaries
Crematoriums
Bars, pubs, nightclubs, lounges, clubs and lodges
Games arcades, poolrooms, bowling alleys, youth
centres, movie theatres, theatres
Funeral homes and chapels
Greenhouses, nurseries, seed and plant sales
Vehicle repairs and services, equipment repairs and
services, tire sales and services
-
Car washes, laundromats, tool and appliance rentals
and repairs, travel agents, computer services,
locksmith shops
-
Market halls, exhibition halls, farmers markets, flea
markets
---
-
Kennels, animal shelters
-
Lumber yards, building supply depots
-
Clinics, medical offices, dental offices, massage and
physiotherapy centres, pharmacies
----
--
-
Professional offices, law offices, business offices,
banks, government offices
---- ----
wood pie.corn
Page 104
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
---
GROUP
CLASS
Outdoor Market
Personal Service
Professional Service
Recycling Depot
..--
Service Station
-Shop
-
Shopping Centre
·-
-
Take-out Food Service
Taxi Stand
-Theatre
t--
-
Tourist Cottage
Establishment
-Vehicle Sales and
Rental Establishments
Veterinary
GROUP
CLASS
General Industry
INDUSTRIAL USES
Hazardous Industry
Environment & Infrastructure Solutions
wood.
--
-
----
EXAMPLES
------------------
Fish markets, market grounds, flea markets, produce
stands, outdoor farmer markets
Beauty parlours, pet grooming, gyms, computer
services, hobby shops, photo studios, taxi stands,
phone services
Legal services, financial services, accounting services,
engineering services, architectural services
Collection and recycling depots for bottles, paper,
plastics, electronics, etc.
Gas stations, general garages, tire sales and repairs,
auto parts sales, car washes.
Retail shops, showrooms, department stores,
supermarkets, convenience stores, gift shops,
specialty shops, big box store
--
Shopping centres
Take-out restaurant, food stand, mobile canteen
Taxi stands
Movie theatres, performance theatres
f---
Tourist cottage establishments
Automobile dealers, car rental agencies, snowmobile
and ATV dealers
Veterinary clinics
---------·-
EXAMPLES
Factories, cold storage plants, bulk storage facility,
freight depots, planing mills, concrete plants,
construction yards, recycling facilities, contractor
yards, lumber yards
Bulk storage of hazardous liquids and substances,
chemical plants, distilleries feed mills, spray
painting shops
wood pie.corn
Page 105
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
-· --
GROUP
CLASS
Light Industry
Aircraft Service
Salvage Yard
Waste Transfer Station
Asphalt Plant
GROUP
CLASS
Crop Agriculture
NATURAL RESOURCE
USES
Domestic sawmill
Forestry
Livestock Agriculture
Mineral Exploration
Mineral Working
Mining
Personal Livestock Use
-
Petroleum exploration
1----
Petroleum extraction
-~- ----
Environment & Infrastructure Solutions
wood.
EXAMPLES
Workshops, light industry, indoor storage centres,
warehouses, greenhouses, recycling depots,
workshops, general garages
Hangars, loading docks, refuelling services, aircraft
repair services
Car wrecking yards, junk yards, salvage yards, scrap
dealers
Waste transfer stations
Asphalt plants
EXAMPLES
Vegetable and hay farms, hobby farms, market
gardens, community gardens, nurseries, greenhouses
Domestic sawmills
Forest harvesting, silviculture, forest access roads
Livestock barn, dairy farm, grazing land
Mineral exploration and associated activities (e.g.,
access roads, rock drilling)
Pits, quarries, washing plants, screening plants,
crushers
Mineral extraction, ore stockpiles, mineral processing
plants
Keeping of permitted livestock animals, pens and
shelters for permitted livestock animals
Petroleum exploration and associated activities (e.g.,
access roads, rock drilling)
--
Petroleum extraction and associated activities (e.g.,
tanks, piping, pipelines
--
wood pie.corn
Page 106
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
GROUP
CONSERVATION AND
OPEN SPACE USES
GROUP
TRANSPORTATION
AND
UTILITY USES
CLASS
Cemetery
Community garden
Conservation
Open Space
Recreational Open
Space
CLASS
Transportation
Marina
Communications
Antenna
Dock
Energy Generation
Facility
Electrical Utility
Water Utility
Wastewater Utility
Solid Waste Utility
Environment & Infrastructure Solutions
wood.
- --
- ----
EXAMPLES
Cemeteries
--------
Community gardens
Buffer strips, watersheds, protected areas, sensitive
areas (e.g., steep slopes, wetlands, wildlife habitat)
Parks, hiking trails, boardwalks, protected green
areas, picnic areas, public gardens, woodlands,
buffer areas
Sports fields, running tracks, playgrounds, outdoor
skating rinks, tennis courts, soccer pitches, golf
courses, dog parks, water slides, multi-use trails
EXAMPLES
Roads, bridges, marine structures, airfields
Marinas, docks, moorings, slips, boat refuelling and
repair services
Telephone exchanges, radio stations, television
stations, publishing companies
Communications towers, transmitting and receiving
masts and antenna
Recreational docks, slipways, and stages
Wind generators, solar generators, small hydro
generators, heating plants
Hydro plants, electrical transmission lines, electrical
power substations
Water intakes, treatment facilities, pipelines
Sewage treatment plants, sewer outfalls, pipelines
Landfill sites, recycling facilities
wood pie.corn
Page 107
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
APPENDIX A:
OFF-STREET LOADING AND PARKING REQUIREMENTS
Environment & Infrastructure Solutions
wood pie.com
wood.
Page 108
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
Environment & Infrastructure Solutions
wood.
wood pie.corn
Page 109
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
APPENDIX B: OFF-STREET LOADING AND PARKING REQUIREMENTS
1.
Off-Street Loading Requirements
a.
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.
b.
The number of loading spaces to be provided will be determined by Council.
c.
The loading spaces required by this Regulation will be designed so that vehicles can maneuver 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
a.
For the purposes of this Regulation,
i.
Parking Area means a designated area on a lot for off-street parking of automobiles.
ii.
Parking Space means a designated space in a parking area or driveway adequate to park one
automobile with room to open doors on both sides, together with related maneuvering room and
access to a public street.
b.
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.
c.
The number of parking spaces to be provided for any building, structure, use of occupancy shall
conform to the standards set out in this section, except as otherwise modified by PART 9 of these
Regulations.
d.
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.
e.
Residential parking spaces shall be provided on the same lot as the dwelling or dwellings.
f.
Non-residential parking spaces shall be provided not more than 200 metres distant from the use for
which the parking is required.
g.
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.
h.
Where in these Regulations, parking facilities for more than four vehicles are required or permitted:
i.
a parking space shall be a space with minimum dimensions of 2.75 m x 5.5 m capable of being
used for the parking of a vehicle without the need to move other vehicles in adjacent areas
ii.
the parking area shall be constructed and maintained to the specifications of Council
iii. a non-residential parking area shall be no farther than 90 m from the location it is intended to
serve
iv. entrances and exits shall be no closer than 15 m from any corner or street intersection
v.
parking standards to meet the needs of persons with disabilities shall comply with the Buildings
Environment & Infrastructure Solutions
wood pie.corn
Page 110
Town of Gander
wood.
Development Regulations (Final)
Wood Project # : TF1770707
7 June 2021
Accessibility Act and Regulations
vi. lights used for illumination of the parking area shall be so arranged as to divert the light away
from adjacent development
vii. landscaping will be provided on 5% of the parking area for lots smaller than 1,400 m2 and on
7.5% of the parking area for lots larger than 1,400 m2
viii. a structure, not more than 3.0 m in height and not more than 5 m2 in area may be erected in the
parking area for the use of attendants in the area
ix. except in zones in which a service station is a permitted use, no gasoline pump or other service
station equipment shall be located or maintained on a parking area;
x.
no part of an off-street parking area shall be closer than 1.5 m to the front lot line in any zone;
xi. access to parking areas in non-residential zones shall not be by way of residential zones;
xii. where a parking area is in or abuts a residential zone, a natural or structural barrier at least 1.0 m
in height shall be erected and maintained along all lot lines;
xiii. where, in the opinion of Council, strict application of the above parking requirements is
impractical or undesirable, Council may as a condition of a permit require the developer to pay a
service levy in accordance with these Regulations in lieu of the provision of a parking area, and the
full amount of the levy charged shall be used by Council for the provision and upkeep of
alternative parking facilities within the vicinity of the development.
i.
Where Council permits parking perpendicular to the curb, the minimum dimensions of each parking
space will be as follows:
Criteria
Dimension
Parking space width
2.5 metres
Parking space length or depth
7.5 metres
-
Aisle width separating opposite parking spaces
7.0 metres
Aisle width separating a space from another obstruction
7.0 metres
-
--
Where Council permits parking parallel to the curb, the minimum length of the space 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.'
3.
Off-Street Parking Requirements
The off-street parking requirements for the various use classes will be as set out in the following table, except as
otherwise set out in PART 9. In the case of developments that include more than one use class, these standards
shall be regarded as cumulative.
Environment & Infrastructure Solutions
wood pie.corn
Page 111
I
I
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
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.
The number of spaces to be provided for off-street parking will be in accordance with the following table.
OFF-STREET PARKING SPACE REQUIREMENTS
-
CLASS
MINIMUM SPACES
RESIDENTIAL
Apartment building
1.5 / dwelling unit
Double dwelling
2.0 I dwelling unit
Lodging house
As required for the dwelling plus 1.0 / guest room
Mini/Mobile Home
2.0 I dwelling unit
-
Row dwelling
2.0 I dwelling unit
-
Single dwelling
2.0 I dwelling unit plus 1.0 / subsidiary apartment
--
Residential care home
1.0 / three residents plus 0.8 / staff at any one time
Retirement home
0.5 / dwelling unit plus 0.8 / staff at any one time plus 0.25 /
dwelling unit for visitors
---
-
OTHER
Amusement
1.0 / 15 m2 of gross floor area
---
Arts and crafts studio
1.0 / 40 m2 of gross floor area
Autobody shop
4.0 / service bay or 1.0 / 10 m2 of servicer floor area, whichever is
more
-
Bed and breakfast
As required for the dwelling plus 1.0 / guest room
Campground
As specified by Council
Catering
1.0 / three persons of permitted occupancy
--
Childcare
1.0 / 30 m2 of gross floor area
-
--
Club and lodge
1.0 / three persons of permitted occupancy
f-
--
-
OTHER
--
--
--
--
Collective residential
1.0 / two persons of permitted occupancy
~
-
--
-
--
Commercial residential
1.0 / guest room plus 1.0 / 10 m2 of gross floor area for meeting
rooms plus 1.0 / six persons or permitted capacity for
restaurants/dining rooms
f------- --
-
-- --
-
-
~ --
-
Communications
1.0 / 40 m2 of gross floor area
--
--
-
--
-
-
--- --
Environment & Infrastructure Solutions
wood pie.corn
Page 112
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
wood. 1
---
--
-
OFF-STREET PARKING SPACE REQUIREMENTS
-
Community garden
As specified by Council
1--
-----
Convenience store
1.0 / 25 m2 of gross floor area
-
--
--
--
Cultural and civic
1.0 / 60 m2 of gross floor areas
~
-- --
Drinking establishment
1.0 / three persons of permitted occupancy
--
Educational
Elementary school - 1.5 / classroom
Secondary school - 4.0 / classroom
Post-secondary school - 1.0 / three students, faculty and staff
Emergency service
As specified by Council
-
---
Funeral home
1.0 / 12 m2 of gross floor area
-
Garden centre
1.0 / 40 m2 of gross floor area
-
--
General assembly
1.0 / five fixed seats
General industry
1.0 / 100 m2 of gross floor area or a total of 10, whicheve r is more
--
General service
1.0 / 40 m2 of gross floor area
--
--
--
Hazardous industry
1.0 / 100 m2 of gross floor area or a total of 10, whicheve r is more
-
--
--
--
--
--
Indoor assembly
1.0 / five fixed seats
-
Indoor market
As specified by Council
-
-
-
Kennel
1.0 / 40 m2 of gross floor area
Light industry
1.0 / 50 m2 of gross floor area or a total of 5, whichever i s more
--
Lumber yards
1.0 / 40 m2 of gross floor area
--
---
Medical service
1.0 / 25 m2 of gross floor area, or 4.0 per practitioner, wh ichever is
more
--
Medical treatment and
1.0 / 3 beds plus 1.0 / 3 staff at any one time
special care
-
--
--
--
Neighbourhood centre
1.0 / 5 persons of capacity or 1 / 25 m2 of gross floor are a,
whichever is more
--
-
-,-
--
-
--
Office
1.0 / 30 m2 of gross floor area
-
-
-
-
-
Outdoor assembly
As specified by Council
-
--
--
---
Outdoor market
As specified by Council
-
-
-
~-
--
Passenger assembly
As specified by Council
-
-
-
Environment & Infrastructure Solutions
wood pie.com
Page 113
I
I
I
I
I
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
wood.
OFF-STREET PARKING SPACE REQUIREMENTS
Personal service
1.0 / 30 m2 of gross floor area
Place of worship
1.0 / 6 seats.
Professional service
1.0 / 30 m2 of gross floor area
Recreational open space
As specified by Council
Service station
4 / service bay or 1.0 / 30 m2 of gross floor area, whichever is more
Shop
1.0 / 30 m2 of gross floor area
Shopping centre
1.0 / 20 m2 of gross floor area
OTHER
Take-out food service
5.0 / 20 m2 of gross floor area
Taxi stand
As specified by Council
Theatre
1.0 / 4 seats
Tourist cottage
As specified by Council
establishment
Vehicle sales establishment
1.0 / 40 m2 of gross floor area
Veterinary
1.0 / 40 m2 of gross floor area
Environment & Infrastructure Solutions
wood pie.com
Page 114
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
Environment & Infrastructure Solutions
wood pie.com
wood.
I
Page 115
I
I
I
I
I
I
I
I
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
APPENDIX C:
PROVINCIAL DEVELOPMENT REGULATIONS
Environment & Infrastructure Solutions
wood pie.corn
wood.
Page 116
Town of Gander
Development Regulations (Final)
Wood Project #: TF1770707
7 June 2021
Environment & Infrastructure Solutions
wood pie.corn
wood.
I
I
Page 117
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
APPENDIX D:
PROVINCIAL 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.
REGULATIONS
Analysis
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
Environment & Infrastructure Solutions
Dated at St. John's, January 2, 2001
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
wood pie.com
Page 118
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
11 . Board decision
12. Variances
13. Notice of variance
14. Residential nonconformity
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
Environment & Infrastructure Solutions
wood pie.com
I
wood.
I
Page 119
I
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
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.
(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
Environment & Infrastructure Solutions
wood pie.corn
Page 120
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
(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;
(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;
U)
"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;
(I)
"lot coverage" means the combined area of all building on a lot measured at the level of the lowest floor
above the established grade and expressed as a percentage of the total area of the lot;
(m)
"non-conforming use" means a legally existing use that is not listed as a permitted or discretionary use
for the use zone in which it is located or which does not meet the development standards for that use zone;
(n)
"owner" means a person or an organization of persons owning or having the legal right to use the land
under consideration;
(o)
"permitted use" means a use that is listed within the permitted use classes set out in the use zone tables
of an authority's development regulations;
{p)
"prohibited use" means a use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that an authority specifies as not permitted within a use zone;
Environment & Infrastructure Solutions
wood pie.corn
Page 121
I
I
Town of Gander
Development Regulations (Final)
Wood Project #: TF1770707
wood.
7 June 2021
(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 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 Affairs and Environment, Main Floor,
Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., A 1 B 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.
Environment & Infrastructure Solutions
wood pie.com
Page 122
Town of Gander
Development Regulations (Final)
Wood Project #: TF1770707
wood.
7 June 2021
(2)
Notwithstanding subsection (1), where the City of Corner Brook, City of Mount Pearl or City of St. John's
appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed with the secretary of that
appointed board.
(3)
The fee required under section 44 of the Act shall be paid to the board that hears the decision being
appealed by filing it with the secretary referred to in subsection (1) or (2) within the 14 days referred to in
subsection 42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection 44(3) of the Act, retain the
fee paid to the board.
(5)
Where an appeal of a decision and the required fee is not received by a board in accordance with this
section and Part VI of the Act, the right to appeal that decision shall be considered to have been forfeited.
Appeal registration
7.
(1) Upon receipt of an appeal and fee as required under the Act and these regulations, the secretary of
the board as referred to in subsections 6(1) and (2), shall immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall notify the appropriate authority of
the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
(3)
Where an authority has been notified of an appeal that authority shall 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.
(2)
A board may meet as often as is necessary to conduct its work in an expeditious manner.
Environment & Infrastructure Solutions
wood pie.com
Page 123
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
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
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 nonconformity
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
Environment & Infrastructure Solutions
wood pie.corn
Page 124
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
wood.
7 June 2021
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.
Environment & Infrastructure Solutions
wood pie.com
Page 125
I
I
I -
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
Environment & Infrastructure Solutions
wood.
APPENDIX E:
LAND USE MAPS
woodple,com
Page 126
Town of Gander
Development Regulations (Final)
Wood Project#: TF1770707
7 June 2021
Environment & Infrastructure Solutions
wood.
wood pie.corn
Page 127