Garnish Development Regulations — full text

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Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 TOWN OF GARNISH LAND USE ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS DEVELOPMENT REGULATIONS FOR 2014 - 2024 Approved by Council 31 August 2015 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Blank page ii Mayor: Clerk: Lk( 0( Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Resolution to Adopt Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Council of Town of Gar- nish adopts the Development Regulations for 2014 to 2024. Resolved by the Town of Garnish on the 9th day of June, 2015. Signed and sealed this Cy day of (VG, P , 2015. (Council Seal) Clerk's Certificate: Certified that the attached Development Regulations is a correct copy of the Development Regulations for 2014 to 2024, adopted by the Council of the Town of Garnish, on the 9th day of June, 2015. Clerk (_11-1 (-26 zr Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Blank page iv Signed and sealed this 2 9" day of Clerk (Council Seal Lk L6 0 LICC. Mayor 2015. Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Resolution to Approve Under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Council of Town of Garnish approves the Development Regulations for 2014 to 2024. Resolved by the Town of Garnish on the 315' day of August, 2015. Clerk's Certificate: Certified that the attached Development Regulations is a correct copy of the Development Regulations for 2014 to 2024, approved by the Council of the Town of Garnish, on the 31st day of August, 2015. Clerk Li?t,LII 1 (1("",(7-11 NSO -- Zel€ --001 v Member of the Canadian Institute of Planners: Seal Jens Jens Date: Eng ,MCIP Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 CANADIAN INSTITUTE OF PLANNERS CERTIFICATION I certify that the attached Development Regulations document has been prepared in accordance with the requirements of the Urban and Rural Planning Act, 2000. vi - Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 TABLE OF CONTENTS - SECTION A Newfoundland Regulation 3/01, made by Minister of Municipal and Provincial Affairs, 2 January, 2001 1 SECTION B LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS APPLICATION 1. Short Title 10 2. Interpretation 10 3. Commencement 10 4. Municipal Code and Regulations 10 5. Authority 11 PART I - GENERAL REGULATIONS 6. Compliance With Regulations 12 7. Permit Required 12 8. Permit to be Issued 12 9. Permit Not to be Issued in Certain Cases 12 10. Discretionary Powers of Authority 13 vii Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 11. Variances 13 12. Notice of Variance 13 13. Service Levy 14 14. Financial Guarantees by Developer 14 15. Dedication of Land for Public Use 15 16. Reinstatement of Land 15 17. Form of Application 15 18. Register of Application 15 19. Deferment of Application 16 20. Approval in Principle 16 21. Development Permit 16 22. Reasons for Refusing Permit 17 23. Notice of Right to Appeal 17 24. Appeal Requirements 18 25. Appeal Registration 18 26. Development Prohibited 19 27. Appeal Board 19 28. Appeals 19 29. Hearing Notice and Meetings 21 30. Hearing of Evidence 21 31. Return of Appeal Fee 21 32. Notice of Application 22 33. Right of Entry 22 34. Record of Violations 22 viii Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 35. Stop Work Order and Prosecution 22 36 Delegation of Powers 22 PART II - GENERAL DEVELOPMENT STANDARDS 37. Accesses and Service Streets 23 38. Accessory Buildings 23 39. Advertisements 25 40. Buffer Strips 25 41. Building Height 25 42. Building Line and Setback 26 43. Family and Group Care Centres 26 44. Height Exceptions 26 45. Livestock Structures and Uses 26 46. Lot Area 27 47. Home Based Businesses 27 48. Lot Frontage 29 49. Non-Conforming Use 29 50. Offensive and Dangerous Uses 31 51. Offstreet Parking Requirements 31 52. Off-Street Loading Requirements 32 53. Parks and Playgrounds, and Conservation Uses 33 54. Screening and Landscaping 33 55. Services and Public Utilities 33 56. Service Stations 33 ix Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 57. Side Yards 34 58. Street Construction Standards 34 59. Subsidiary Apartments 34 60. Unsubdivided Land 34 61. Zero Lot Line and Other Comprehensive Development, Including Flag Lots and Fences 34 PART III - ADVERTISEMENTS 62. Permit Required 36 63. Form of Application 36 64. Advertisements Prohibited in Street Reservation 36 65. Permit Valid for Limited Period 36 66. Removal of Advertisements 36 67. Advertisements Exempt from Control 36 68. Approval Subject to Conditions 37 69. Non-Conforming Uses 37 PART IV - SUBDIVISION OF LAND 70. Permit Required 38 71. Services to be Provided 38 72. Payment of Service Levies and Other Charges 38 73. Issue of Permit Subject to Considerations 38 74. Building Permits Required 39 75. Form of Application 39 76. Subdivision Subject to Zoning 39 77. Building Lines 39 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 78. Land for Public Open Space 39 79. Structure in Street Reservation 40 80. Subdivision Design Standards 41 81. Engineer to Design Works and Certify Construction Layout 42 82. Developer to Pay Engineer's Fees and Charges 43 83. Street Works May Be Deferred 43 84. Transfer of Streets and Utilities to Authority 44 85. Restriction on Sale of Lots 44 86. Grouping of Buildings and Landscaping 44 PART V- USE ZONES 87. Use Zones 45 88. Use Classes 45 89. Permitted Uses 45 90. Discretionary Uses 45 91. Uses Not Permitted 46 SCHEDULES SCHEDULE A: Definitions 47 SCHEDULE B: Classification of Uses of Land and Buildings 59 SCHEDULE C: Use Zone Tables 69 SCHEDULE D: Off-Street Parking Requirements 81 SCHEDULES E and F: Land Use Zoning Maps 1 and 2 found at rear of document Also at Rear: Other Policies Related to Development But Not Part of Development Regulations xi Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Blank page xii Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 SECTION A NEWFOUNDLAND REGULATION 3/01 Development Regulations under the Urban and Rural Planning Act, 2000 (Filed January 2, 2001) Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the following regula- tions. Dated at St. John's, January 2, 2001. Joan Marie Aylward Minister of Municipal and Provincial Affairs REGULATIONS Analysis 1. Short title 2. Definitions 3. Application 4. Interpretation 5. Notice of right to appeal 6 Appeal requirements 7. Appeal registration 8. Development prohibited 9. Hearing notice and meetings 10. Hearing of evidence 11. Board decision 1 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 12. Variances 13. Notice of variance 14. Residential non conformity 15. Notice and hearings on change of use 16. Non-conformance with standards 17. Discontinuance of non-conforming use 18. Delegation of powers 19. Commencement Short title 1. These regulations may be cited as the Development Regulations. Definitions 2. In these regulations, (a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act, 2000; (b) "applicant" means a person who has applied to an authority for an approval or permit to carry out a development; (c) "authority" means a council, authorized administrator or regional authority; and (d) "development regulations" means these regulations and regulations and by-laws respecting development that have been enacted by the relevant authority. 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 2 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 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 or- der 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, green- houses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or ra- dio and television antennae, (Hi) for commercial uses, workshops or garages, and (iv) for industrial uses, garages, offices, raised ramps and docks; (c) "accessory use" means a use that is subsidiary to a permitted or discretionary use and that is customarily expected to occur with the permitted or discretionary use; (d) "building height" means the vertical distance, measured in metres from the established grade to the (i) highest point of the roof surface of a flat roof, (H) deck line of a mansard roof, and (Hi) 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 em- 3 - Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 bankment 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 ex- terior walls; (i) "frontage" means the horizontal distance between side lot lines measured at the building line; (j) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for a partic- ular 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 discre- tionary use for the use zone in which it is located or which does not meet the development stand- ards for that use zone; (n) "owner means a person or an organization of persons owning or having the legal right to use the land under consideration; (o) "permitted use" means a use that is listed within the permitted use classes set out in the use zone tables of an authority"s development regulations; (p) "prohibited use" means a use that is not listed in a use zone within the permitted use classes or discretionary use classes or a use that an authority specifies as not permitted within a use zone; (q) "sign" means a word, letter, model, placard, board, device or representation, whether illumi- nated or not, in the nature of or employed wholly or in part for the purpose of advertisement, an- nouncement or direction and excludes those things employed wholly as a memorial, advertise- ments of local government, utilities and boarding or similar structures used for the display of ad- vertisements; (r) "rear yard depth" means the distance between the rear lot line and the rear wall of the main 4 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 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 jurisdic- tion; (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, set- back, 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 regula- tions. (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 and Provincial Affairs, Main Floor, Con- 5 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 federation Building (West Block), P.O. Box 8700, St. John's, Nfld., A1B 4J6 is the secretary to all boards in the province and an appeal filed with that secretary within the time period referred to in subsection 42(4) of the Act shall be considered to have been filed with the appropriate board. (2) Notwithstanding subsection (1), where the City of Corner Brook, City of Mount Pearl or City of St. John's appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed with the sec- retary 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 regis- tered. (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. 6 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 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. Hearing of evidence 10. (1) A board shall meet at a place within the area under its jurisdiction and the appellant and other per- sons notified under subsection 9(1) or their representative may appear before the board and make repre- sentations 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, 7 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 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 non conformity 14. A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where being re- paired or rebuilt, be repaired or rebuilt in accordance with the plan and development regulations applica- ble to that building or structure. Notice and hearings on change of use 15. Where considering a non conforming building, structure or development under paragraph 108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming building, structure or development, an authority, at the applicant's expense, shall publish a notice in a newspaper circulating in the area or by other means give public notice of an application to vary the existing use of a non- conforming building, structure or development and shall consider any representations or submissions re- ceived in response to that advertisement. Non-conformance with standards 16. Where a building, structure or development does not meet the development standards included in de- velopment 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 appli- cable to that building, structure or development. 8 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 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 subsec- tion 109(3) of the Act, make that designation in writing. Commencement 19. These regulations shall be considered to have come into force on January 1, 2001. COEarl G. Tucker, Queen's Printer 9 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 SECTION B LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS (DEVELOPMENT REGULATIONS) APPLICATION 1. Short Title These Regulations may be cited as the Town of Garnish Development Regulations. 2. Interpretation (1) Words and phrases used in these Regulations shall have the meanings ascribed to them in Schedule A. (2) Words and phrases not defined in Schedule A shall have the meanings which are com- monly assigned to them in the context in which they are used in the Regulations. 3. Commencement These Regulations come into effect throughout the Garnish Planning Area, hereinafter referred to as the Planning Area, on the date of publication of a notice to that effect in the Newfoundland Ga- zette. 4. Municipal Code and Regulations The National Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and any other ancillary code and any Building Regulations, Fencing Regulations, Waste Disposal Regulation and/or any other municipal regulations regulating or controlling the development, con- 10 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 servation and use of land in force, shall, under these Regulations, apply to the entire jurisdiction of the Town of Garnish. 5. Authority In these Regulations, "Authority" means the Council of the Town of Garnish. 11 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 PART I- GENERAL REGULATIONS 6. Compliance With Regulations No development shall be carried out within the Planning Area except in accordance with these Regulations. 7. Permit Required No person shall carry out any development within the Planning Area except where otherwise pro- vided in these Regulations unless a permit for the development has been issued by the Authority. 8. Permit to be Issued Subject to Regulations 9 and 10, a permit shall be issued for development within the Planning Area that conforms to: (a) the general development standards set out in Part II of these Regulations, the require- ments of Part V of these Regulations, and the use classes, standards, requirements, and conditions prescribed in Schedule C of these Regulations for the use zone in which the proposed development is located; (b) the standards set out in the Building Code and/or other ancillary codes, and any Building Regulations, Waste Disposal Regulations, and/or any other municipal regulation in force in the Planning Area regulating or controlling development, conservation and use of land and buildings; (c) the standards set out in Part III of these Regulations in the case of advertisement; (d) the standards set out in Part IV of these Regulations in the case of subdivision; (e) the standards of design and appearance established by the Authority. 9. Permit Not to be Issued in Certain Cases Neither a permit nor approval in principle shall be issued for development within the Planning Ar- ea when, in the opinion of the Authority, it is premature by reason of the site lacking adequate road access, power, drainage, sanitary facilities, or domestic water supply, or being beyond the natural development of the area at the time of application unless the applicant contracts to pay the full cost of construction of the services deemed necessary by the Authority and such cost 12 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 shall attach to and upon the property in respect of which it is imposed. 10. Discretionary Powers of Authority (1) In considering an application for a permit or approval in principle to carry out develop- ment, the Authority shall take into account the policies expressed in the Municipal Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the gen- eral appearance of the development of the area, the amenity of the surroundings, availa- bility of utilities, public safety and convenience, and any other considerations which are, in its opinion, material, and notwithstanding the conformity of the application with the re- quirements of these Regulations, the Authority may, in its discretion, and as a result of its consideration of the matters set out in this Regulation, conditionally approve or refuse the application. (2) An Authority may, in its discretion, determine the uses that may or may not be developed in a use zone and those uses shall be listed in the Authority's regulations as discretion- ary, permitted or prohibited uses for that area 11. Variances (Refer to Minister's Development Regulations, Section 12, January 2, 2001) (1) Where an approval or permit cannot be given by the Authority because a proposed de- velopment does not comply with development standards set out in development regula- tions, the Authority may, in its discretion, vary the applicable development standards to a maximum of 10% if, in the Authority's opinion, compliance with the development stand- ards would prejudice the proper development of the land, building or structure in question or would be contrary to public interest. (2) The Authority shall not allow a variance from development standards set out in develop- ment 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 sepa- rately no more than 10%. (3) The Authority shall not permit a variance from development standards where the pro- posed development would increase the non conformity of an existing development. 12. Notice of Variance (Refer to Minister's Development Regulations, Section 13., January 2, 2001) Where the Authority is to consider a proposed variance, the Authority shall give written notice of 13 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 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. 13. Service Levy (1) The Authority may require a developer to pay a service levy where development is made possible or where the density of potential development is increased, or where the value of property is enhanced by the carrying out of public works either on or off the site of the de- velopment. (2) A service levy shall not exceed the cost, or estimated cost, including finance charges to the Authority of constructing or improving the public works referred to in Regulation 13(1) that are necessary for the real property to be developed in accordance with the standards required by the Authority and for uses that are permitted on that real property. (3) A service levy shall be assessed on the real property based on: (a) the amount of real property benefited by the public works related to all the real property so benefited; and, (b) the density of development made capable or increased by the public work. (4) The Authority may require a service levy to be paid by the owner of the real property; (a) at the time the levy is imposed; (b) at the time development of the real property commences; (c) at the time development of the real property is completed; or, (d) at such other time as the Authority may decide. 14. Financial Guarantees by Developer (1) The Authority may require a developer before commencing a development to make such financial provisions and/or enter into such agreements as may be required to guarantee the payment of service levies, ensure site reinstatement, and to enforce the carrying out of any other condition attached to a permit or licence. (2) The financial provisions pursuant to Regulation 14(1) may be made in the form of: (a) a cash deposit from the developer, to be held by the Authority, or; (b) a guarantee by a bank, or other institution acceptable to the Minister, for expend i- 14 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 tures by the developer, or; (c) a performance bond provided by an insurance company or a bank, or; (d) an annual contribution to a sinking fund held by the Authority, or; (f) another form of financial guarantee that the Authority may approve. 15. Dedication of Land for Public Use In addition to the requirements for dedication of land under Regulation 78, the Authority may re- quire the dedication of a percentage of the land area of any subdivision or other development for public use, and such land shall be conveyed to the Authority in accordance with the provisions of the Act. 16. Reinstatement of Land Where the use of land is discontinued or the intensity of its use is decreased, the Authority may order the developer, the occupier of the site, or the owner or all of them to reinstate the site, to remove all or any buildings or erections, to cover or fill all wells or excavations, and to close all or any accesses, or to do any of these things or all of them, as the case may be, and the developer, occupier or owner shall carry out the order of the Authority and shall put the site in a clean and sanitary condition to the satisfaction of the Authority. 17. Form of Application (1) An application for a development permit or approval in principle shall be made only by the owner or by a person authorized by the owner to the Authority on such form as may be prescribed by the Authority, and every application shall include such plans, specifications and drawings as the Authority may require, and be accompanied by the permit fee re- quired by the Authority. (2) The Authority shall supply to every applicant a copy of the application forms referred to in Regulation 17(1) and a description of the plans, specifications and drawings required to be provided with the application and any information or requirements applicable to the application. 18. Register of Application The Authority shall keep a public register of all applications for development, and shall enter 15 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 therein the Authority's decision upon each application and the result of any appeal from that deci- sion 19. Deferment of Application (1) The Authority may, with the written agreement of the applicant, defer consideration of an application. (2) Applications properly submitted in accordance with these Regulations which have not been determined by the Authority and on which a decision has not been communicated to the applicant within eight weeks of the receipt thereof by the Authority, and on which con- sideration has not been deferred in accordance with Regulation 18(1), shall be deemed to be refused. 20. Approval in Principle (1) The Authority may grant approval in principle for the erection, alteration or conversion of a building if, after considering an application for approval in principle made under these Regulations, it is satisfied that the proposed development is, subject to the approval of detailed plans, in compliance with these Regulations. (2) Where approval in principle is granted under this Regulation, it shall be subject to the subsequent approval by the Authority of such details as may be listed in the approval in principle, which shall also specify that further application for approval of these details shall be received not later than two years from the grant of approval in principle. 21. Development Permit (1) A plan or drawing which has been approved by the Authority and which bears a mark and/or signature indicating such approval together with a permit shall be deemed to be permission to develop land in accordance with these Regulations but such permission shall not relieve the applicant from full responsibility for obtaining permits or approvals under any other regulation or statute prior to commencing the development; from having the work carried out in accordance with these Regulations or any other regulations or statutes; and from compliance with all conditions imposed thereunder. (2) The Authority may attach to a permit or to approval in principle such conditions as it deems fit in order to ensure that the proposed development will be in accordance with the purposes and intent of these Regulations. 16 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 (3) Where the Authority deems necessary, permits may be issued on a temporary basis for a period not exceeding the last day of the calendar year in which it was issued, which may be extended in writing by the Authority for further periods not exceeding two additional calendar years. (4) A permit is valid for two years from the date on which it was issued,and if the develop- ment has not commenced by that date, the Authority may approve the renewal of the permit for a further period not in excess of one year, but a permit shall not be renewed more than once, except in the case of a permit for an advertisement, which may be re- newed in accordance with Part Ill of these Regulations. (5) The approval of any application and plans or drawings or the issue of a permit shall not prevent the Authority from thereafter requiring the correction of errors, or from ordering the cessation, removal of, or remedial work on any development being carried out in the event that the same is in violation of this or any other regulations or statute. (6) The Authority may revoke a permit for failure by the holder of it to comply with these Regulations or any condition attached to the permit or where the permit was issued in er- ror or was issued on the basis of incorrect information. (7) No person shall erase, alter or modify any drawing or specifications upon which a permit to develop has been issued by the Authority. (8) There shall be kept available on the premises where any work, matter or thing in being done for which a permit has been issued, a copy of the permit and any plans, drawings or specifications on which the issue of the permit was based during the whole progress of the work, or the doing of the matter or thing until completion. 22. Reasons for Refusing Permit The Authority shall, when refusing to issue a permit or attaching conditions to a permit, state the reasons for doing so in writing. 23. Notice of Right to Appeal (Refer to Minister's Development Regulations, Section 5, January 2, 2001) Where the Authority makes a decision that may be appealed under section 42 of the Act, the Au- thority shall, in writing, at the time of making that decision, notify the person to whom the decision 17 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 applies of the (I) person's right to appeal the decision to the 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. 24. Appeal Requirements (Refer to Minister's Development Regulations, Section 6, January 2, 2001) (1) The secretary of the Appeal Board at the Department of Municipal and Provincial Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., Al B 4J6 is the secretary to all Appeal Boards in the province and an appeal filed with that sec- retary within the time period referred to in subsection 42(4) of the Act shall be considered to have been filed with the appropriate Appeal Board. (2) The fee required under section 44 of the Act shall be paid to the Appeal Board that hears the decision being appealed by filing it with the secretary referred to in subsection (1) or (2) within the 14 days referred to in subsection 42(4) of the Act. (3) The Appeal Board that hears the decision being appealed shall, subject to subsection 44(3) of the Act, retain the fee paid to the Appeal Board. (4) Where an appeal of a decision and the required fee is not received by an Appeal Board in accordance with this section and Part VI of the Act, the right to appeal that decision shall be considered to have been forfeited. 25. Appeal Registration (Refer to Minister's Development Regulations, Section 7, January 2, 2001) (1) Upon receipt of an appeal and fee as required under the Act and these regulations, the secretary of the Appeal Board as referred to in subsections 24(1) and (2), shall immedi- ately register the appeal. (2) Where an appeal has been registered the secretary of the Appeal Board shall notify the Authority of the appeal and shall provide to the Authority a copy of the appeal and the documentation related to the appeal. (3) Where the Authority has been notified of an appeal that Authority shall within one week of notification forward to the appropriate board a copy of the application being appealed, all correspondence, council minutes, plans and other relevant information relating to the ap- peal including the names and addresses of the applicant and other interested persons of 18 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 whom the Authority has knowledge. (4) Upon receipt of the information under subsection (3), the secretary of the board shall pub- lish in a newspaper circulated in the area of the appropriate Authority, a notice that the appeal has been registered. (5) A notice published under subsection (4) shall be published not fewer than 2 weeks before the date upon which the appeal is to be heard by the board. 26. Development Prohibited (Refer to Minister's Development Regulations, Section 8, January 2, 2001) (1) Immediately upon notice of the registration of an appeal the Authority shall ensure that any development upon the property that is the subject of the appeal ceases. (2) Sections 102 and 104 of the Act apply to the Authority acting under subsection (1). (3) Upon receipt of a notification of the registration of an appeal with respect to an order un- der section 102 of the Act, the Authority shall not carry out work related to the matter be- ing appealed. 27. Appeal Board - The minister may, by order, establish an Appeal Board and shall assign to the Appeal Board a specific area of the province over which it shall have jurisdiction, as outlined in section 40, of the Act. 28. Appeals (1) A person or an association of persons aggrieved of a decision that, under the regulations, may be appealed, may appeal that decision to the appropriate Appeal Board where the decision is with re- spect to: (a) an application to undertake a development; (b) a revocation of an approval or a permit to undertake a development; (c) the issuance of a stop work order; and (d) a decision permitted under the Act or another Act to be appealed to the board. 19 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 (2) A decision of the Authority to adopt, approve or proceed with a municipal plan, a scheme, development regulations and amendments and revisions of them is final and not subject to an appeal. (3) An Appeal Board shall not make a decision that does not comply with the municipal plan, a scheme and development regulations that apply to the matter being appealed. (4) An appeal shall be filed with the Appeal Board not more than 14 days after the person who made the original application appealed from has received the decision being ap- pealed. (5) An appeal shall be made in writing and shall include (a) a summary of the decision appealed from; (b) the grounds for the appeal; and (c) the required fee. (6) A person or group of persons affected by the subject of an appeal or their representatives may appear before an Appeal Board and make representations concerning the matter under appeal. (7) An Appeal Board may inform itself of the subject matter of the appeal in the manner it considers necessary to reach a decision. (8) An Appeal Board shall consider and determine appeals in accordance with the Act and the municipal plan, scheme and regulations that have been registered under section 24, of the Act, and having regard to the circumstances and merits of the case. (9) A decision of the Appeal Board must comply with the plan, scheme or development regu- lations that apply to the matter that has been appealed to that board. (10) In determining an appeal, an Appeal Board may confirm, reverse or vary the decision ap- pealed from and may impose those conditions that the board considers appropriate in the circumstances and may direct the Authority to carry out its decision or make the neces- sary order to have its decision implemented. (11) Notwithstanding subsection (10), where the Authority may, in its discretion, make a deci- sion, an Appeal Board shall not make another decision that overrules the discretionary 20 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 decision. (12) The decision of a majority of the members of an Appeal Board present at the hearing of an appeal shall be the decision of the Appeal Board. (13) An Appeal Board shall, in writing notify the appellant and the appropriate Authority of the decision of the Appeal Board. 29. Hearing Notice and Meetings (Refer to Minister's Development Regulations, Section 9, January 2, 2001) (1) An Appeal Board shall notify the appellant, applicant, Authority and other persons affect- ed by the subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date scheduled for the hearing of the appeal. (2) An Appeal Board may meet as often as is necessary to conduct its work in an expeditious manner. 30. Hearing of Evidence (Refer to Minister's Development Regulations, Section 10, January 2, 2001) (1) An Appeal Board shall meet at a place within the area under its jurisdiction and the appel- lant and other persons notified under regulation 29(1) or their representative may appear before the Appeal Board and make representations with respect to the matter being ap- pealed. (2) An Appeal Board shall hear an appeal in accordance with section 43 of the Act and these regulations. (3) A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing of a property shall be considered to have been provided in the same manner as evidence directly provided at the hearing of the Appeal Board. (4) In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of evi- dence. 31. Return of Appeal Fee Where an appeal made by an appellant under section 42 of the Act, is successful, an amount of money equal to the fee paid by that appellant under regulation 24(2) shall be paid to him or her by the Authority. 21 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 32. Notice of Application (1) When a change in non conforming use is to be considered under Regulation 49, or when the development proposed is listed as a discretionary use in Schedule C of the Regula- tions, the Authority shall, at the expense of the applicant, give notice of an application for a permit or for approval in principle, by public advertisement in a newspaper circulating in the area. (2) When a variance is necessary under Regulation 11, and the Authority wishes to consider whether to authorize such a variance from development standards, the Authority shall give written notice of the proposed variance to all persons whose land is in the immediate vicinity of the land that is the subject of the variance. 33. Right of Entry The Authority, the Director, or any inspector may enter upon any public or private land and may at all reasonable times enter any development or building upon the land for the purpose of making surveys or examinations or obtaining information relative to the carrying out of any development, construction, alteration, repair, or any other works whatsoever which the Authority is empowered to regulate. 34. Record of Violations Every inspector shall keep a record of any violation of these regulations which comes to his knowledge and report that violation to the Authority. 35. Stop Work Order and Prosecution (1) Where a person begins a development contrary or apparently contrary to these Regula- tions, the Authority may order that person to stop the development or work connected therewith pending final adjudication in any prosecution arising out of the development. (2) A person who does not comply with an order made under Regulation 35(1) is guilty of an offence under the provisions of the Act. 36 Delegation of Powers (Refer to Minister's Development Regulations, Section 18, January 2, 2001) An Authority shall, where designating employees to whom a power is to be delegated under sub- section 109(2) of the Act, make that designation in writing. 22 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 PART II - GENERAL DEVELOPMENT STANDARDS 37. Accesses and Service Streets (1) Access shall be located to the specification of the Authority so as to ensure the greatest possible convenience and safety of the street system and the Authority may prescribe the construction of service streets to reduce the number of accesses to collector and arterial streets. (2) No vehicular access shall be closer than 10 metres to the street line of any street inter- section. 38. Accessory Buildings (1) Accessory buildings shall be clearly incidental and complementary to the use of the main buildings in character, use and size. They shall be contained on the same lot unless ex- empted as provided in clause (4). (2) No accessory building or part thereof shall project in front of any required building line or in front of building lines of an existing main building on the lot or buildings on abutting lots, except as may be prescribed in these Regulations. Accessory buildings shall be lo- cated in the rear yard or side yard on the lot, except where topography or natural or built features on the lot or the street(s) providing access to the lot make it practically impossi- ble to locate an accessory building in a side or rear yard, or, where the lot is so large and the configuration of main and accessory buildings so arranged that the appearance of one or more accessory buildings would not adversely affect the aesthetics of the area. In such cases, a discretionary use may be approved which would allow accessory buildings to be built in those portions of the existing front yard which are adjacent to each side lot line, each said portion lying between the side lot line and an extension of the existing side yard line on that side of the lot leading most directly to the street line, provided that the accessory building must not be in front of the building line of a main building on an abut- ting lot. To illustrate the concept for simple rectangular and irregularly shaped lots, refer to the following sketches: 23 Areas A, B, and C together is the existing front yard on the lot. 1 EXISTING FRONT YARD STREET Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 SIMPLE RECTANGULAR LOT Accessory buildings may (as a discretionary use) be located in areas B and but not in area A. Extensions of existing side yards to the street line most directly in front of the Main Building. Extensions are parallel to each other, but not necessarily parallel to any lot IRREGULAR LOT line. Notwithstanding the foregoing, open sided or "see-through" accessory buildings in which there is only a ground level structure (or where side walls are not sheathed and in which the framing or supports of a roof provide for minimal blocking of the view of the main building from the street), such as gazebos, ground level decks with sun roofs, or carports 24 - Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 not attached to the main building, may be approved as a discretionary use for location anywhere in an existing front yard. (3) The sideyard requirements set out in the use zone tables in these Regulations shall apply to accessory buildings wherever they are located on the lot but accessory buildings on two (2) adjoining properties may be built to property boundaries provided they shall be of fire resistant construction and have a common firewall. (4) Storage buildings, motor vehicle garages, home workshops, boat sheds, boat houses, stages and wharves are deemed to be permitted accessory uses in all Use Zones, where there is an existing main building on the lot. Where permitted, boat sheds, wharves and stages may be built to any lot line which corresponds to the high water mark. Require- ments for other yards shall continue to apply. Where such a use is proposed to be the main use on a separate lot, approval shall be subject to approval of the Authority as a discretionary use. 39. Advertisements Advertisements shall not be erected or displayed except in accordance with Part Ill of these Reg- ulations. 40. Buffer Strips (1) Where any industrial development permitted in any Use Zone abuts an existing or pro- posed 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 be- tween any residential activity and the industrial area. The buffer shall include the provi- sion of such natural or structural barrier as may be required by the Authority and shall be maintained by the owner or occupier to the satisfaction of the Authority. (2) Buildings, structures and alteration of elevations of land or vegetation thereon, within 15 metres of any Public Trail designated on the Zoning Maps, shall not be located or made in such manner as would impede the safety or amenity of public use of the Public Trails. 41. Building Height The Authority may permit the erection of buildings of a height greater than that specified in Schedule C, but in such cases the building line setback and rear yard requirements shall be var- ied as follows: 25 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 (1) The building line setback shall be increased by 2 metres for every 1 metre increase in height. (2) The rearyard shall not be less than the minimum building line setback calculated as de- scribed in (1) above plus 6 metres. 42. Building Line and Setback The Authority, by resolution, may establish building lines on an existing or proposed street or ser- vice street and may require any new buildings to be located on those building lines, whether or not such building lines conform to the standards set out in the tables in Schedule C of these Reg- ulations. The Authority may permit location of a building at a lesser setback but no less than the at least the average setback of the non-accessory buildings on abutting lots, where there is a building on each lot. 43. Family and Group Care Centres Family group care centre use is permitted in any dwelling or apartment that is adequate in size to accommodate the number of persons living in the group, inclusive of staff, provided that in the opinion of the Authority, the use of the dwelling does not materially differ from, nor adversely af- fect, the amenities of the adjacent residences, or the neighbourhood in which it is located. The Authority may require special access and safety features to be provided for the occupants before occupancy is permitted. 44. Height Exceptions The height requirements prescribed in Schedule C of these Regulations may be waived in the case of communication masts and antennae, flagpoles, water towers, spires, belfries, or chim- neys, but any such waiver which results in an increase of more than 10% of the permitted height of the structure shall only be authorized under the provisions of Regulation 11 and with notice given under the provisions of Regulation 12 and 32. 45. Livestock Structures and Uses (1) No structure designed to contain more than five animal units shall be erected or used un- less it complies with the following requirements: (a) The structure shall be located only in an area designated as Rural (RUR) on Schedule E of these Regulations, and be at least 600 m from a residence, (ex- cept a farm residence or a residence which is a non-conforming use in any zone 26 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 in which agriculture is a permitted use class in the Use Zone Tables in Schedule C of these Regulations), and, from an area designated as Mixed Develoment (MD), and, from a Provincial or Federal Park. (b) The structure shall be at least 60 m from the boundary of the property on which it is to be erected. (c) The structure shall be at least 90 m from the centre line of a street. (d) The erection of the structure shall be approved by the Department of Natural Re- sources and the Department of Environment & Conservation. (2) No development for residential use shall be permitted within 600 m of a lawfully existing structure designed to contain more than five animal units unless the development is first approved by the Department of Natural Resources. 46. Lot Area and Size Exceptions (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 cover- age that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than that permitted by these Regulations for the zone in which such lot is located. (2) Where any part of a lot is required by these Regulations to be reserved as a yard, it shall continue to be so used regardless of any change in the ownership of the lot or any part thereof, and shall not be deemed to form part of an adjacent lot for the purpose of compu- ting the area thereof available for building purposes. (3) 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 pur- chaser of such a lot or lots to comply with the provisions of these Regulations, then these Regulations shall not prevent the issuing of a permit by the Authority for the erection of a dwelling thereon, provided that the lot coverage and height are not greater than, and the yards and floor area are not less than the standards set out in these Regulations. 47. Home Based Businesses Home based business uses of a type indicated in the "permitted" or "discretionary" use classes in the Use Zone Table for the zone in which the use is located may be permitted as a discretionary use in a single dwelling or on the lot upon which a single dwelling is located provided that: 27 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 The use is clearly a subsidiary use to the residential use and does not substantially de- tract from the character of the neighbourhood. (ii) Open storage of goods, vehicles and equipment associated with the home based busi- ness is permitted provided that such open storage does not occupy more than 25% of the outdoor area of the lot and that such open storage area is screened with an opaque fence at least 1.8 metres in height. Open storage includes only the temporary parking or posi- tioning of goods, vehicles and equipment outdoors and does not include activities such as materials processing, servicing of vehicles or equipment, or manufacturing activity con- cerning those items, and actual work on or use of these items shall be carried on indoors. Open storage does not include operation of an outdoor market. (iii) Activities associated with the use (other than for open storage as indicated in (ii)) shall be carried on inside the dwelling unit or inside one or more buildings separate from the dwelling unit but on the same lot. (iv) Not more than fifty (50) percent of the floor area of the dwelling unit up to a maximum of one hundred (100) square metres is devoted to the use, unless otherwise specified in the use zone tables, except that the entitlement to open storage area and the areas of ac- cessory buildings are in addition to such maximum. The dwelling unit must continue to meet the dwelling unit minimum floor area requirement. (v) The use is operated by a resident of the dwelling unit and does not employ more than three persons in addition to the resident. (vi) Office uses shall be limited to small business services and professional offices. (vii) Light Industry uses shall be limited to production of baked goods, hand-made articles such as clothing and arts and crafts objects, or other craft or piece work, and servicing, processing or manufacturing of small equipment or goods. (viii) The use shall not generate sewage or water use substantially in excess of what is normal in the residential area and can be accommodated by the existing municipal road, water and sewer services. (ix) Activities associated with the use are not hazardous and do not cause substantial noise, odour, dust or fumes, nor cause electrical interference or in any other way result in a sig- nificant nuisance to the occupants of surrounding residences. 28 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 (x) Any number of buildings separate from the dwelling unit may be used in connection with one or more light industrial uses and each of them shall conform to the Accessory Build- ing condition for the use zone. (xi) No sign will be permitted other than a name plate not exceeding 1.0 square metres in area and which is attached to the principal building. No illumination of the sign will be permitted. (xii) The Authority may require fencing, screening and separation or a combination of the two to protect the amenity of adjacent uses. (xiii) Parking requirements are a minimum of one space for a subsidiary use. The minimum required parking for the dwelling must continue to be met. (xiv) The lot has sufficient area to accommodate the parking requirements of both the dwelling unit and the subsidiary use. (xv) No change in type, class or extent of the use shall be permitted except in accordance with a permit issued by the Authority. 48. Lot Frontage Except where specifically provided for in the Use Zone Tables in Schedule C of these Regula- tions, no residential or commercial building shall be erected unless the lot on which it is situated fronts directly onto a street or forms part of a Comprehensive Development Scheme. 49. Non-Conforming Use (Refer to Minister's Development Regulations, Section 14, 15, 16, 17, January 2, 2001) (1) Notwithstanding the Municipal Plan, scheme or regulations made under this Urban and Rural Planning Act, 2001, the Authority shall, in accordance with regulations made under this Act, allow a development or use of land to continue in a manner that does not con- form with a regulation, scheme, or plan that applies to that land provided that the non- conforming use legally existed before the registration under section 24 of the Act, scheme or regulations made with respect to that kind of development or use. (2) Notwithstanding subsection (1), a right to resume a discontinued non-conforming use of land shall not exceed 12 months after the discontinuance of that use. 29 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 (3) A building, structure or development that does not conform to a scheme, plan or regula- tions made under the Act that is allowed to continue under subsection (1) (a) shall not be internally or externally varied, extended or expanded unless other- wise approved by the Authority; (b) shall not be structurally modified except as required for the safety of the building, structure or development; (c) shall not be reconstructed or repaired for use in the same non-conforming manner where 50% or more of the value of that building, structure or de- velopment has been destroyed; (d) may have the existing use for that building, structure or development varied by the Authority to a use that is, in the Authority's opinion, more compatible with the plan and regulations applicable to it; (e) may have the existing building extended by approval of the Authority where, in the Authority's opinion, the extension is not more than 50% of the existing build- ing; (f) where the non-conformance is with respect to the standards included in these development regulations, shall not be expanded if the expansion would increase the non-conformity and an expansion must comply with the development stand- ards applicable to that building, structure or development; (g) where the building or structure is primarily zoned and used for residential purpos- es, it may, in accordance with the municipal plan and regulations, be repaired or rebuilt where 50% or more of the value of that building or structure is destroyed but the residential building or structure, where being repaired or rebuilt, must be repaired or rebuilt in accordance with the plan and development regulations ap- plicable to that building or structure. (4) Before making a decision to vary an existing use of a non-conforming building, structure or development, the Authority, at the applicant's expense, shall publish a notice in a newspaper circulating in the area or by other means give public notice of an application to 30 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 vary the existing use of a non-conforming building, structure or development and shall consider any representations or submissions received in response to that advertisement. 50. Offensive and Dangerous Uses No building or land shall be used for any purpose which may be dangerous by causing or promot- ing fires or other hazards or which may emit noxious, offensive or dangerous fumes, smoke, gas- es, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any nuisance that has an unpleasant effect on the senses unless its use is authorized by the Authority and any oth- er Authority having jurisdiction. 51. Offstreet Parking Requirements (1) For every building, structure or use to be erected, enlarged or established, there shall be provided and maintained a quantity of off-street parking spaces sufficient to ensure that the flow of traffic on adjacent streets is not impeded by the on-street parking of vehicles associated with that building, structure or use. (2) The number of parking spaces to be provided for any building, structure, use of occupan- cy shall conform to the standards set out in Schedule D of these Regulations. (3) Each parking space, except in the case of one or two-family dwellings, shall be made ac- cessible by means of a durably surfaced right-of-way at least 3 m in width. Parking re- quired in a Residential Zone shall be provided on the same lot as the dwelling or dwell- ings. Parking space for apartments shall be provided in the rear yard where possible. In a Non-Residential Zone, parking spaces shall be provided within the limits of the zone in which the use is situated and not more than 200 m distant from the use concerned. (4) The parking facilities required by this Regulation shall, except in the case of single or at- tached dwellings, be arranged so that it is not necessary for any vehicle to reverse onto or from a street. (5) Where, in these Regulations, parking facilities for more than four vehicles are required or permitted: (a) parking space shall mean an area of land, not less than 15 m2 in area, capable of being used for the parking of a vehicle without the need to move other vehicles on adjacent areas; (b) the parking area shall be constructed and maintained to the specifications of the 31 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Authority; (c) the lights used for illumination of the parking area shall be so arranged as to di- vert the light away from adjacent development; (d) a structure, not more than 3 m in height and more than 5 m2 in area may be erected in the parking area for the use of attendants in the area; (e) except in zones in which a service station is a permitted use, no gasoline pump or other service station equipment shall be located or maintained on a parking area; no part of any off-street parking area shall be closer than 1.5 m to the front lot line in any zone; (g) access to parking areas in non-residential zones shall not be by way of residen- tial zones; (h) where a parking area is in or abuts a residential zone, a natural or structural bar- rier at least 1 m in height shall be erected and maintained along all lot lines; (i) where, in the opinion of the Authority, strict application of the above parking re- quirements is impractical or undesirable, the Authority may as a condition of a permit require the developer to pay a service levy in accordance with these Regulations in lieu of the provision of a parking area, and the full amount of the levy charged shall be used by the Authority for the provision and upkeep of alter- native parking facilities within the general vicinity of the development. 52. Off-Street Loading Requirements (1) For every building, structure or use to be erected, enlarged or established requiring the shipping, loading or unloading of animals, goods, wares or merchandise, there shall be provided and maintained for the premises loading facilities on land that is not part of a street comprised of one or more loading spaces, 15 m long, 4 m wide, and having a verti- cal clearance of at least 4 m with direct access to a street or with access by a driveway of a minimum width of 6 m to a street. (2) The number of loading spaces to be provided shall be determined by the Authority. (3) The loading facilities required by this Regulation shall be so arranged that vehicles can 32 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 manoeuvre clear of any street and so that it is not necessary for any vehicle to reverse onto or from a street. 53. Parks and Playgrounds, and Conservation Uses Nothing in these Regulations shall prevent the designation of conservation areas or the estab- lishment of parks and playgrounds in any zones provided that such parks and playgrounds are not located in areas which may be hazardous to their use and are not operated for commercial purposes. 54. Screening and Landscaping The Authority may, in the case of existing unsightly development, order the owner or occupier to provide adequate and suitable landscaping or screening; and for this purpose may require the submission of an application giving details of the landscaping or screening, and these Regula- tions shall then apply to that application. The provision of adequate and suitable landscaping or screening may be made a condition of any development permit where, in the opinion of the Au- thority, the landscaping or screening is desirable to preserve amenity, or protect the environment. 55. Services and Public Utilities The Authority may within any zone permit land to be used in conjunction with the provision of pub- lic services and public utilities if the use of that land is necessary to the proper operation of the public service or public utility concerned provided that the design and landscaping of any develop- ment of any land so used is, in the opinion of the Authority, adequate to protect the character and appearance of the area. Public services include central water and sewer services, including treatment plants, hydrants, pumping stations, outfalls, intakes and appurtenances; public streets and lanes; public trails and other recreational or cultural facilities not involving buildings, view- points, and civic notices. 56. Service Stations The following requirements shall apply to all proposed service stations: (a) All gasoline pumps shall be located on pump islands designed for such purpose, and to which automobiles may gain access from either side. (b) Pump islands shall be set back at least 4 metres from the front lot line. (c) Accesses shall not be less than 7 metres wide and shall be clearly marked, and where a 33 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 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. 57. Side Yards A sideyard which shall be kept clear of obstruction shall be provided on the exposed sides of eve- ry building in order to provide access for the maintenance of that building. 58. Street Construction Standards A new street may not be constructed except in accordance with good engineering practice and in particular to the Municipal Water, Sewer and Road Specifications disseminated by, and as amended from time to time by, the Department of Municipal and Intergovernmental Affairs. 59. Subsidiary Apartments Subsidiary apartments may be permitted in single dwellings only, and for the purposes of calculat- ing lot area and yard requirements, shall be considered part of the self-contained dwelling. 60. Unsubdivided Land Development is not permitted on unsubdivided land unless sufficient area is reserved to satisfy the yard and other allowances called for in the Use Zone in which it is located and the allowances shall be retained when the adjacent land is developed. 61. Zero Lot Line and Other Comprehensive Development, Including Flag Lots and Fences (1) The Authority may, at its discretion, approve the erection of dwellings which are designed to form part of a zero lot line development or other comprehensive layout which does not, with the exception of dwelling unit floor area, meet the requirements of the Use Zone Ta- ble in Schedule C, provided that the dwellings are designed to provide both privacy and reasonable access to natural daylight and the overall density within the layout conforms to the regulations and standards set out in the Use Zone Table apply where the layout adjoins other development. (2) Development on a flag lot is permitted provided that the requirement for lot area is satis- fied in the main body of the flag lot, and that the minimum interior dimension of the main body of the flag lot is at least the minimum frontage required. The location of a main or accessory building on a flag lot shall provide for yards in the main body of the lot of at 34 --- Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 least the dimensional minimum requirements of the building line setback, sideyard widths, and rearyard depths ordinarily required in the subject use zone, as if the main body of the flag lot were an ordinary lot where most or the whole width of the lot abuts the street. Whereas the ordinary meanings of side, front and rear yards are not relevant to a flag lot, any yard in a flag lot can be deemed the front, side or rear yard for this purpose. In a flag lot, the minimum width of the leg or prolongation which provides access to a street shall be 6 m at every point along its length, including the lot boundary where the flag lot fronts directly on a street. 35 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 PART III - ADVERTISEMENTS 62. Permit Required Subject to the provisions of Regulation 67, no advertisement shall be erected or displayed in the Planning Area unless a permit for the advertisement is first obtained from the Authority. Permit for erection or display of advertisement on Provincial Highways shall be obtained from Service NL. 63. Form of Application Application for a permit to erect or display an advertisement shall be made to the Authority in ac- cordance with Regulation 17. 64. Advertisements Prohibited in Street Reservation No advertisement shall be permitted to be erected or displayed within, on or over any highway or street reservation. 65. Permit Valid for Limited Period A permit granted under these Regulations for the erection or display of an advertisement shall be valid for such period not exceeding the last day of the calendar year in which it was issued , as may be stated therein, but may be renewed at the discretion of the Authority for similar periods. 66. Removal of Advertisements Notwithstanding the provisions of these Regulations, the Authority may require the removal of any advertisement which, in its opinion, is: (a) hazardous to road traffic by reason of its siting, colour, illumination, or structural condition, Or; (b) detrimental to the amenities of the surrounding area. 67. Advertisements Exempt from Control The following advertisements may be erected or displayed in the Planning Area without applica- tion to the Authority: (a) on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m2 in area 36 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 (b) on an agricultural holding or farm, a notice board not exceeding 1 m2 in area and relating to the operations being conducted on the land; (c) on land used for forestry purposes, signs or notices not exceeding 1 m2 in area and relat- ing to forestry operations or the location of logging operations conducted on the land; (d) on land used for mining or quarrying operations, a notice board not exceeding 1 m2 in ar- ea relating to the operation conducted on the land; (e) on land used for professional practice(s), one nameplate not exceeding 0.2 m2 in area in connection with the practice of a professional person carried on at that lot; (f) on any site occupied by a church, school, library, art gallery, museum, institution or ceme- tery, one notice board not exceeding 1 m2 in area; (g) on the principal facade of any commercial, industrial or public building, the name of the building or the name of the occupants of the building, in letters not exceeding one-tenth of the height of that facade or 3 m, whichever is the lesser; (h) on any parking lot directional signs and one sign not exceeding 1 m2 in size, identifying the parking lot. 68. Approval Subject to Conditions A permit may only be issued for the erection or display of advertisements which comply with the appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these Regulations. 69. Non-Conforming Uses Notwithstanding the provisions of Regulation 62, a permit may be used for the erection or display of advertisements on a building or within the courtyard of a building or on a parcel of land, the use of which is a non conforming use, provided that the advertisement does not exceed the size and type of advertisement which could be permitted if the development was in a Use Zone appropriate to its use, and subject to any other conditions deemed appropriate by the Authority. 37 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 PART IV - SUBDIVISION OF LAND 70. Permit Required No land in the Planning Area shall be subdivided unless a permit for the development of the subdivision is first obtained from the Authority. 71. Services to be Provided No permit shall be issued for the development of a subdivision unless provisions satisfacto- ry to the Authority have been made in the application for a supply of drinking water, a properly designed sewage disposal system, and a properly designed storm drainage sys- tem. 72. Payment of Service Levies and Other Charges No permit shall be issued for the development of a subdivision until agreement has been reached for the payment of all fees levied by the Authority for connection to services, utili- ties and streets deemed necessary for the proper development of the subdivision, and all service levies and other charges imposed under Regulations 13 and 14. 73. Issue of Permit Subject to Considerations A permit shall not be issued when, in the opinion of the Authority, the development of a subdivision does not contribute to the orderly growth of the municipality and does not demonstrate sound design principles. In considering an application, the Authority shall, without limiting the generality of the foregoing, consider: (a) the location of the land; (b) the availability of and the demand created for schools, services, and utilities; (c) the provisions of the Plan and Regulations affecting the site; (d) the land use, physical form and size of buildings anticipated to be developed on the new lots and the character of adjacent developments related the same factors; (e) the transportation network and traffic densities affecting the site; the relationship of the project to existing or potential sources of nuisance; (g) topography, soil and subsoil characteristics of each lot, and the related difficulty or 38 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 cost of landscaping and access; (h) the drainage of the site and potential for affecting drainage of adjacent land; natural features such as lakes, streams, topsoil, trees and shrubs; prevailing winds; (k) visual quality; (I) community facilities; (m) energy conservation; (n) such other matters as may affect the proposed development. 74. Building Permits Required Notwithstanding the approval of a subdivision by the Authority, a separate building permit shall be obtained for each building proposed to be erected in the area of the subdivision, and no building permit for any building in the area shall be issued until the developer has complied with all the provisions of these Regulations with respect to the development of the subdivision. 75. Form of Application Application for a permit to develop a subdivision shall be made to the Authority in accord- ance with Regulation 17. 76. Subdivision Subject to Zoning The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the Zoning Maps. 77. Building Lines The Authority may establish building lines for any subdivision street and require any new building to be located on such building lines. 78. Land for Public Open Space (1) Before a development commences, the developer shall, if required, dedicate to the Authority, at no cost to the Authority, an area of land equivalent to not more than 10% of the gross area of the subdivision or 25 m2 for every dwelling unit permitted in the subdivision, whichever is the greater, for public open space, provided that: 39 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 (a) where land is subdivided for any purpose other than residential use, the Authority shall determine the percentage of land to be dedicated; (b) if, in the opinion of the Authority, no public open space is required, the land may be used for such other public use as the Authority may determine; (c) the location and suitability of any land dedicated under the provisions of this Regulation shall be subject to the approval of the Authority but in any case, the Authority shall not accept land which, in its opinion is incapable of development for any purpose; (d) the Authority may accept from the developer in lieu of such area or areas of land the payment of a sum of money equal to the value of the land which would otherwise be required to be dedicated; (e) money received by the Authority in accordance with Regulation 78(1)(d) above, shall be reserved by the Authority for the purpose of the acquisition or development of land for public open space or other public purpose. (2) Land dedicated for public use in accordance with this Regulation shall be conveyed to the Authority and may be sold or leased by the Authority for the purposes of any development that conforms with the requirements of these Regulations, and the proceeds of any sale or other disposition of land shall be applied against the cost of acquisition or development of any other land for the purposes of public open space or other public purposes. (3) The Authority may require a strip of land to be reserved and remain undeveloped along the banks of any river, brook or pond, and this land may, at the discretion of the Authority, constitute the requirement of land for public use under Regulation 78(1). 79. Structure in Street Reservation The placing within any street reservation of any structure (for example, a hydro pole, tele- graph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the prior approval of the Authority which shall be satisfied on the question of safe construction and relationship to the adjoining buildings and other structures within the street reservation. 40 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 80. Subdivision Design Standards No permit shall be issued for the development of a subdivision under these Regulations unless the design of the subdivision conforms to the following standards: (a) The finished grade of streets shall not exceed 10 percent. (b) Every cul de sac shall be provided with a turning circle of a diameter of not less than 30 m. (c) The maximum length of any cul de sac shall be: 200m in areas served by or planned to be served by municipal piped water and sewer services, as shown in the map and letter of agreement signed by the Authority and the Minister of Municipal and Interprovincial Affairs in connection with municipal five-year capital works program eligibility. (ii) 300m in areas not served by or planned to be served by municipal piped water and sewer services. (d) Emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall connect the head of the cul de sac with an adjacent street. (e) No cul de sac shall be located so as to appear to terminate a collector street. (1) New subdivisions shall have street connections with an existing street or streets. (g) All street intersections shall be constructed within 5 degrees of a right angle and this alignment shall be maintained for 30 m from the intersection. (h) No street intersection shall be closer than 60 m to any other street intersection. No more than four streets shall join at any street intersection. (j) No residential street block shall be longer than 490 m between street intersections. (k) Streets in residential subdivisions shall be designed in accordance with the ap- proved standards of the Authority, but in the absence of such standards, shall con- form to the following minimum standards: 41 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Type of Street Street Reservation Pavement Width Sidewalk Width Sidewalk Number Collector Streets as may be designated by the Au- thority 20 m 15 m 1.5 m 2 Local Streets: 15 m 9 m 1.5 m At Council's discretion (I) No lot intended for residential purposes shall have a depth exceeding four times the front- age. (m) Residential lots shall not be permitted which abut a local street at both front and rear lot lines. (n) The Authority may require any existing natural, historical or architectural feature or part thereof to be retained when a subdivision is developed. (o) Land shall not be subdivided in such a manner as to prejudice the development of adjoining land, and each lot shall be laid out so as to maximize the usefulness of the land to the eventual occupant, with regard to positioning of buildings, driveways, and outdoor storage and activity areas. 81. Engineer to Design Works and Certify Construction Layout (1) Plans and specifications for all water mains, hydrants, sanitary sewers, storm sew- ers and all appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other utilities deemed necessary by the Authority to service the area proposed to be developed or subdivided shall be designed and prepared by or ap- proved by the Engineer. The design shall conform to good engineering practice and in particular to the Municipal Water, Sewer and Road Specifications promul- gated by, and as amended from time to time by, the Department of Municipal and Intergovernmental Affairs. Such designs and specifications shall, upon approval by the Authority, be incorporated in the plan of subdivision. 42 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 (2) Upon approval by the Authority of the proposed subdivision, the Engineer shall certify all work of construction layout preliminary to the construction of the works and thereupon the developer shall proceed to the construction and installation, at his own cost and in accordance with the approved designs and specifications and the construction layout certified by the Engineer, of all such water mains, hy- drants, sanitary sewers and all appurtenances and of all such streets and other works deemed necessary by the Authority to service the said area. 82. Developer to Pay Engineer's Fees and Charges The developer shall pay to the Authority all the Engineer's fees and charges for the prepa- ration 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 con- struction and installation of all works calculated in accordance with the Schedule of Fees recommended by the Association of Professional Engineers and Geoscientists of New- foundland and Labrador and in effect at the time the work is carried out. 83. Street Works May Be Deferred The construction and installation of all curbs and gutters, catch basins, sidewalks and pav- ing specified by the Authority as being necessary, may, at the Authority's discretion, be de- ferred until a later stage of the work on the development of the subdivision but the develop- er shall deposit with the Authority before approval of his application, an amount estimated by the Engineer as reasonably sufficient to cover the cost of construction and installation of the works. In the later stage of the work of development, the Authority shall call for tenders for the work of construction and installation of the works, and the amount so deposited by the developer shall be applied towards payment of the contract cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the amount of the excess. If the contract price is less than the deposit, the Authority shall refund the amount by which the deposit exceeds the contract price. Any amount so deposited with the Authority by the developer shall be placed in a separate savings account in a bank and all interest earned thereon shall be credited to the developer. 43 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 84. Transfer of Streets and Utilities to Authority (1) The developer shall, following the approval of the subdivision of land and upon re- quest of the Authority, transfer to the Authority, at no cost to the Authority, and clear of all liens and encumbrances: (a) all lands in the area proposed to be developed or subdivided which are ap- proved and designated by the Authority for public uses as streets, or other rights-of-way, or for other public use; (b) all services or public works including streets, water supply and distribution and sanitary and storm drainage systems installed in the subdivision that are normally owned and operated by the Authority. (2) Before the Authority shall accept the transfer of lands, services or public works of any subdivision, the Engineer shall, at the cost to the developer, test the streets, services and public works installed in the subdivision and certify his satisfaction with their installation. (3) The Authority shall not provide maintenance for any street, service or public work in any subdivision until such time as such street, service or public work has been transferred to and accepted by the Authority. 85. Restriction on Sale of Lots The developer shall not develop or dispose of any lot within a subdivision for the purposes of de- velopment and no building permit shall be issued until the Authority is satisfied that: (a) the lot can be served with satisfactory water supply and sewage disposal systems, and; (b) satisfactory access to a street is provided for the lots. 86. Grouping of Buildings and Landscaping (1) Each plan of subdivision shall make provision for the grouping of building types and for landscaping in order to enhance the visual aspects of the completed develop- ment and to make the most use of existing topography and vegetation. (2) Building groupings, once approved by the Authority, shall not be changed without written application to and subsequent approval of the Authority. 44 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 PART V - USE ZONES 87. 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 Regulation 87(3), the permitted use classes, discretionary use classes, standards, re- quirements and conditions applicable to each Use Zone are set out in the Use Zone Ta- bles in Schedule C of these Regulations. (3) Where standards, requirements and conditions applicable in a Use Zone are not set out in the Use Zone Tables in Schedule C, the Authority may in its discretion, determine the stand- ards, requirements and conditions which shall apply. 88. Use Classes The specific uses to be included in each Use Class set out in the Use Zone Tables in Schedule C shall be determined by the Authority in accordance with the classification and examples set out in Schedule B. 89. Permitted Uses (1) Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that Use Zone. (2) Where the permitted use is expressed by the title of a "Group" shown in Schedule B, all of the uses in the divisions and classes of uses under that title shall be permitted, and likewise where the permitted use is expressed by the title of a "Division" shown in Sched- ule B, all of the uses in the classes of uses under that title shall be permitted. 90. Discretionary Uses (1) Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if the Author- 45 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 ity is satisfied that the development would not be contrary to the general intent and purpose of these Regulations, the Municipal Plan, or any further scheme or plan or regulation pursuant there- to, and to the public interest, and if the Authority has given notice of the application in accordance with Regulation 32 and has considered any objections or representations which may have been received on the matter. (2) Where the discretionary use is expressed by the title of a "Group" shown in Schedule B, all of the uses in the divisions and classes of uses under that title shall be permitted, and likewise where the discretionary use is expressed by the title of a "Division" shown in Schedule B, all of the uses in the classes of uses under that title shall be permitted, subject to the provisions of sub- section (1). 91. Uses Not Permitted Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone. 46 - Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 SCHEDULE A DEFINITIONS ACCESS: A way used or intended to be used by vehicles, pedestrians or animals in order to go from a street to adjacent or nearby land or to go from that land to the street. (Refer to Minister's Development Regulations, January 2, 2001) ACCESSORY BUILDING: (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, greenhous- es, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and television antennae, (iii) for commercial uses, workshops or garages, and (iv) for industrial uses, garages, offices, raised ramps and docks. (Refer to Minister's Development Regulations, January 2, 2001) ACCESSORY USE: A use that is subsidiary to a permitted or discretionary use and that is customarily ex- pected to occur with the permitted or discretionary use. (Refer to Minister's Development Regulations, Janu- ary 2, 2001) ACT: The Urban and Rural Planning Act, 2000. ADVERTISEMENT: Any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, an- nouncement or direction; excluding such things employed wholly as a memorial, or functional advertisement of Councils, or other local authorities, public utilities and public transport undertakers, and including any boarding or similar structure used or adapted for use for the display of advertisements. 47 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 AGRICULTURE: Horticulture, fruit growing, grain growing, seed growing, dairy farming, the breeding or rear- ing of animals for pet or commercial uses including raising of livestock or any other creature kept for the pro- duction of food, wool, skins, or fur, or for the purpose of its use in the farming of land, the use of land as graz- ing land, meadow land, osier land, market gardens and nursery grounds and the use of land for woodlands where that use is ancillary to the farming of land for any other purpose. "Agriculture' shall be construed ac- cordingly. AMUSEMENT USE: The use of land or buildings equipped for the playing of electronic, mechanical, or other games and amusements including electronic games, pinball games and slot machine arcades and billiard and pool halls. ANIMAL UNIT: Any one of the following animals or groups of animals: 1 bull; 1000 broiler chickens or roosters (1.8 - 2.3 kg each); 1 cow (including calf); 100 female mink (including associated males and kits); 4 goats; 4 hogs (based on 453.6 kg = 1 unit); 1 horse (including foal); 125 laying hens; 4 sheep (including lambs); 1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit); 500 turkeys, ducks, geese (based on 2,268 kg = 1 unit). APARTMENT BUILDING: A building containing three or more dwelling units, but does not include a row dwelling. APPLICANT: A person who has applied to an Authority for an approval or permit to carry out a development. 48 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 APPEAL BOARD: The appropriate Appeal Board established under the Act. ARTERIAL STREET: The streets in the Planning Area constituting the main traffic arteries of the area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map. AUTHORITY: the Town of Garnish. BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons other than the im- mediate family of the owner or tenant. BUILDING: Every structure, erection, excavation, alteration or improvement whatsoever placed on, over or under land, or attached, anchored or moored to land, and includes mobile structures, vehicles and marine vessels adapted or constructed for residential, commercial, industrial and other like uses, and any part of a building as so defined and any fixtures that form part of a building. BUILDING HEIGHT: The vertical distance, measured in metres from the established grade to the (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 or- namental structures above a roof. (Refer to Minister's Development Regulations, January 2, 2001) BUILDING LINE: A line established by an Authority that runs parallel to a street line and is set at the closest point to a street that a building may be placed. (Refer to Minister's Development Regulations, January 2, 2001) COLLECTOR STREET: A street that is designed to link local streets with arterial streets and which is desig- nated as a collector street in the Municipal Plan, or on the Zoning Map. CONVENIENCE STORE: A small retail store that carries limited lines of goods, such as a partial line of gro- 49 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 ceries, housewares, and clothing; gifts; speciality items; and, other goods, and which has a floor area dedi- cated to retail sales (including storage area) not exceeding 100 square metres.. DAYCARE CENTRE or DAY NURSERY: A building or part of a building in which services and activities are regularly provided to children of pre-school age during the full daytime period as defined under the Child Care Services Act, but does not include a school as defined by the Schools Act. DEVELOPMENT: The carrying out of any building, engineering, mining or other operations in, on, over, or under land, or the making of any material change in the use, or the intensity of use of any land, buildings, or premise and without limiting the generality of the foregoing, shall specifically include: (a) the making of an access onto a highway, road or way; (b) the erection of an advertisement or sign; (c) the parking of a trailer, or vehicle of any description used for the sale of refreshments or merchan- dise, or as an office, or for living accommodation, for any period of time; and shall exclude: (d) the carrying out of works for the maintenance, improvement or other alteration or any building, being works which affect only the interior of the building or which do not materially affect the exter- nal appearance or use of the building; (e) the carrying out by a highway Authority of any works required for the maintenance or improvement of a road, being works carried out on land within the boundaries of the road reservation; (f) the carrying out by any local Authority or statutory undertakers of any works for the purpose of in- specting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, includ- ing the breaking open of any street or other land for that purpose; (g) the use of any building or land within the courtyard of a dwelling house for any purpose incidental to the enjoyment of the dwelling house as such. DEVELOPMENT REGULATIONS: Regulations respecting development that have been enacted by the rele- vant Authority. DISCRETIONARY USE: A use that is listed within the discretionary use classes established in the use zone tables of an Authority's development regulations. (Refer to Minister's Development Regulations, January 2, 2001) 50 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 DIRECTOR: The Director of Urban and Rural Planning. DOUBLE DWELLING: A building containing two dwelling units, placed one above the other, or side by side, but does not include a self-contained dwelling containing a subsidiary apartment. DWELLING UNIT: A self-contained unit consisting of one or more habitable rooms used or designed as the living quarters for one household. ENGINEER: A professional engineer employed or retained by the Authority. ESTABLISHED GRADE: 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 em- bankment or entrenchment. (Refer to Minister's Development Regulations, January Z 2001) FAMILY AND GROUP CARE CENTRE: A dwelling accommodating up to but no more than six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this definition includes, but is not limited to, the facilities called "Group Homes", "Halfway House", and "Foster Home". FLAG LOT: A lot characterized by a shape in which the lot's main body of land is located some distance from a street, typically lying behind other lots located along the street line, and in which the main body of the lot is joined to the street by a narrower leg or prolongation which is part of the flag lot; an easement or right of way across another lot so as to gain access to a street does not create a flag lot. A flag lot is so named because its shape in a simple rectangular configuration resembles a flag on a pole, where the main body of the lot is separated from the street and access to the street is 51 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 along the part of the lot having the narrow pole shape (the street lies at the foot of the pole). The "pole" or narrow leg or prolongation lying between the main body of the lot and the street may be of any configuration, not necessarily of uniform width; the minimum width thereof is stated in Regula- tion 61. To illustrate the concept: RECTANGULAR SHAPE IRREGULAR SHAPE a lot b lot lot IRINII STRLyr a: main body of the flag lot b: leg or prolongation of the flag lot to provide access to a street FLOOR AREA: The total area of all floors in a building measured to the outside face of exterior walls. (Refer to Minister's Development Regulations, January 2, 2001) FRONTAGE: The horizontal distance between side lot lines measured at the building line. (Refer to Minis- 52 - Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 ter's Development Regulations, January 2, 2001) FRONT YARD DEPTH: The distance between the front lot line of a lot and the front wall of the main building on the lot. GARAGE: A building erected for the storage of motor vehicles as an ancillary use to a main building on the lot. GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, assembling, altering, repair- ing, manufacturing, fabricating, packing, canning, preparing, breaking up, demolishing, or treating any article, commodity or substance. "Industry" shall be construed accordingly. GENERAL GARAGE: Land or buildings used exclusively for repair, maintenance and storage of motor vehi- cles and may include the sale of gasoline or diesel oil. HAZARDOUS INDUSTRY: The use of land or buildings for industrial purposes involving the use of materials or processes which because of their inherent characteristics, constitute a special fire, explosion, radiation or other hazard INSPECTOR: Any person appointed and engaged as an Inspector by the Authority or by any federal or pro- - vincial Authority or the agent thereof. INSTITUTION: A building or part thereof occupied or used by persons who: (a) are involuntarily detained, or detained for penal or correctional purposes, or whose liberty is restrict- ed, or; (b) require special care or treatment because of age, mental or physical limitations or medical condi- tions. 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. 53 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 LIGHT INDUSTRY: Use of any land or buildings for any general industrial use that can be carried out without hazard or intrusion and without detriment to the amenity of the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance. LOCAL STREET: A street designed primarily to provide access to adjoining land and which is not designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map. LODGING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons other than the imme- diate family of the owner or tenant. LOT: Any plot, tract or parcel of land which can be considered as a unit of land for a particular use or building. (Refer to Minister's Development Regulations, January 2, 2001) LOT AREA: The total horizontal area within the lot lines of the lot. (Refer to Minister's Development Regula- tions, January 2, 2001) LOT COVERAGE: The combined area of all buildings on the lot measured at the level of the lowest floor above the established grade expressed as a percentage of the total area of the lot. (Refer to Minister's Devel- opment Regulations, January 2, 2001) MINERAL WORKING: Land or buildings used for the exploration, working or extraction of any naturally oc- curring substance MOBILE HOME: A transportable factory-built single family dwelling unit: (a) which complies with space standards substantially equal to those laid down in the Canadian Code for Residential Construction and is in accordance with the construction standards laid down and all other applicable Provincial and Municipal Codes and; (b) which is designed to be: transported on its own wheels and chassis to a mobile home lot, and subsequently support- 54 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 ed on its own wheels, jacks, posts or piers, or on a permanent foundation and; (h) connected to exterior public utilities approved by the Authority, namely, piped water, piped sewer, electricity and telephone, in order for such mobile home unit to be suitable for year round term occupancy. MOBILE HOME PARK: A mobile home development under single or joint ownership, cared for and controlled by a mobile home park operator where individual mobile home lots are rented or leased with or without mobile home units placed on them and where ownership and responsibility for the maintenance and development of site facilities including underground services, access roads, communal areas, snowclearing and garbage col- lection, or any of them, are the responsibility of the mobile home park management, and where the mobile home development is classified as a mobile home park by the Authority. MOBILE HOME SUBDIVISION: A mobile home development requiring the subdivision of land whether in sin- gle or joint ownership into two or more pieces or parcels of land for the purpose of locating thereon mobile home units under either freehold or leasehold tenure and where the maintenance of streets and services is the responsibility of a municipality or public Authority, and where the mobile home development is classified as a mobile home subdivision by the Authority. NON-CONFORMING USE: means a legally existing use that is not listed as a permitted or discretionary use for the use zone in which it is located or which does not meet the development standards for that use zone. (Refer to Minister's Development Regulations, January 2, 2001) OWNER: means a person or an organization of persons owning or having the legal right to use the land un- der consideration. (Refer to Minister's Development Regulations, January 2, 2001) PARKING AREA: means an open area containing parking spaces and any interior aisles and lanes neces- sary for parking and movement of motor vehicles. PARKING SPACE: means a space exclusive of any driveways or interior aisles or lanes, upon which one motor vehicle may be parked PERMITTED USE: means a use that is listed within the permitted use classes set out in the use zone tables of an Authority's development regulations. ( Refer to Minister's Development Regulations, January 2, 2001) 55 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working. PROHIBITED USE: means a use that is not listed in a use zone within the permitted use classes or discre- tionary use classes or a use that an Authority specifies as not permitted within a use zone. (Refer to Minis- ter's Development Regulations, January 2, 2001) REAR YARD DEPTH: means the distance between the rear lot line and the rear wall of the main building on the lot. (Refer to Minister's Development Regulations, January 2, 2001) RESTAURANT: A building or part thereof, designed or intended to be used or occupied for the purpose of serving the general public with meals or refreshments for consumption on the premises. ROW DWELLING: Three or more dwelling units at ground level in one building, each unit separated vertically from the others. SEASONAL RESIDENCE: A dwelling which is designed or intended for seasonal or recreational use, and is not intended for use as permanent living quarters. SERVICE STATION: Any land or building used exclusively for the sale of petroleum products, automotive parts and accessories, minor repairs, washing and polishing of motor vehicles. SERVICE STREET: A street constructed parallel to or close to another street for the purpose of limiting direct access to that street. SHOP: A building or part thereof used for retail trade wherein the primary purpose is the selling or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of retail services but does not include an establishment wherein the primary purpose is the serving of meals or refreshments, an amuse- ment use, a general garage, or a service station. SHOPPING CENTRE: A group of shops and complementary uses with integrated parking and which is 56 - Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 planned, developed and designed as a unit containing a minimum of 5 retail establishments. SHOWROOM: A building or part of a building in which samples or patterns are displayed and in which orders may be taken for goods, wares or merchandise, including vehicles and equipment, for later delivery. SIDE YARD DEPTH: means the distance between a side lot line and the nearest side wall of any building on the lot. (Refer to Minister's Development Regulations, January 2, 2001) SIGN: means a word, letter, model, placard, board, device or representation, whether illuminated or not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement or direction and ex- cludes those things employed wholly as a memorial, advertisements of local government, utilities and board- ing or similar structures used for the display of advertisements. (Refer to Minister's Development Regulations, January 2, 2001) STREET: means a street, road, highway or other way designed for the passage of vehicles and pedestrians and which is accessible by fire department and other emergency vehicles. (Refer to Minister's Development Regulations, January 2, 2001) STREET LINE: means the the edge of a street reservation as defined by the Authority having jurisdiction. (Refer to Minister's Development Regulations, January 2, 2001) SUBDIVISION: The dividing of any land, whether in single or joint ownership, into two or more pieces for the purpose of development. SUBSIDIARY APARTMENT: A separate dwelling unit constructed within and subsidiary to a self-contained dwelling. TAKE-OUT FOOD SERVICE: A building in which the primary purpose is the preparation and sale of meals or refreshments for consumption off the premises. TAVERN: Includes a nightclub and means a building licensed or licensable under the Liquor Control Act wherein meals and food may be served for consumption on the premises and in which entertainment may be 57 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 provided. USE: means a building or activity situated on a lot or a development permitted on a lot. (Refer to Minister's Development Regulations, January 2, 2001) USE ZONE or ZONE: means an area of land including buildings and water designated on the zoning map to which the uses, standards and conditions of a particular use zone table apply. (Refer to Minister's Develop- ment Regulations, January 2, 2001) VARIANCE: means a departure, to a maximum of 10% from the yard, area, lot coverage, setback, size, height, frontage or any other numeric requirement of the applicable Use Zone Table of the Authority's regula- tions. (Refer to Minister's Development Regulations, January 2, 2001) ZONING MAP: The map or maps attached to and forming part of the Authority's regulations. (Refer to Minis- ter's Development Regulations, January 2, 2001) 58 - Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Schedule B Page 1 SCHEDULE B CLASSIFICATION OF USES OF LAND AND BUILDINGS NOTE: The classification of uses set out in the following table is based on the Classification of Typical Occu- pancies included as Table 3.1.2.A of the National Building Code of Canada, 1980. This classification is referred to in Regulation 87. GROUP DIVISION CLASS EXAMPLES A. ASSEMBLY USES 1. Assembly Uses for the production and viewing of the performing arts. (a) Theatre Motion Picture Theatres T.V. Studios admitting an audience. 2. General Assembly Uses (a) Cultural and Civic Libraries Museums Art Galleries Court Rooms Meeting Rooms Council Chambers (b) General Assembly Community Halls Lodge Halls Dance Halls Gymnasia Auditoria Bowling Alleys (c) Educational Schools Colleges (non- residential) (d) Place of Worship Churches and similar places of worship. Church Halls (e) Passenger Assembly Passenger Terminals (f) Club and Lodge Private Clubs and Lodges (non-residential) (g) Catering Restaurants Bars Taverns (h) Funeral Home Funeral Homes and Chapels (i) Child Care Day Care Centres 59 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 (j) Amusement Electronic Games Arcades Pinball Parlours Poolrooms 60 - Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 . Schedule B Page 2 CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES A. ASSEMBLY USES (continued) 3. Arena-type Uses (a) Indoor Assembly Arenas Armouries Ice Rinks Indoor Swimming Pools 4. Open-air Assembly Uses (a) Outdoor Assembly Bleachers Grandstands Outdoor Ice Rinks and Swimming Pools Amusement Parks and Fair-grounds Exhibition Grounds Drive-in Theatres B. INSTITU- TIONAL USES 1. Penal and Correctional Institutional Uses (a) Penal and Correctional Detention Jails Penitentiaries Police Stations (with de- tention quarters) Prisons Psychiatric Hospitals (with detention quarters) Reformatories 2. Special Care Institutional Uses (a) Medical Treatment and Special Care Children's Homes Convalescent Homes Homes for Aged Hospitals Infirmaries Orphanages Psychiatric Hospitals Sanatoria C. RESIDENTIAL USES 1. Residential Dwelling Uses (a) Single Dwelling Single Detached Dwellings Family & Group Homes (b) Double Dwelling Semi-detached Dwelling Duplex Dwellings Family & Group Homes 61 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 (c) Row Dwelling Row Houses Town Houses Family & Group Homes (d) Apartmen Building Apartments Family & Group Homes Page not internally numbered in Schedule B. 62 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Schedule B Page 3 CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES C. RESIDENTIAL USES (continued) 2. General Residential Uses (continued) (a) Collective Residential Residential Colleges & Schools University & College Halls of Residence Convents & Monasteries Nurses and Hospital Residences (b) Boarding House Residential Boarding Houses Lodging Houses (c) Commercial Residential Hotels & Motels Hostels Residential Clubs (d) Seasonal Residential Summer Homes & Cabins Hunting & Fishing Cabins (e) Mobile Homes Mobile Homes D. BUSINESS & PERSONAL SERVICE USES 1. Business, Professional, and Personal Service Uses (a) Office Offices (including Government Offices) Banks (b) Medical & Professional Medical Offices and Con- suiting Rooms Dental Offices & Surger- ies Legal Offices Similar Professional Offices (c) Personal Service Barbers Hairdressers Beauty Parlours Small Appliance Repairs 63 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 (d) General Service Self-service Laundries Dry Cleaners (not using flammable or explosive substances) Small Tool and Appliance Rentals Travel Agents Schedule B Page 4 CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES D. BUSINESS & PERSONAL SERVICE USES (continued) 1. Business, Professional & Personal Service Uses (continued) (e) Communications Radio Stations Telephone Exchanges (f) Police Station Police Stations without detention quarters (g) Taxi Stand Taxi Stands (h) Take-out Food Service Take-out Food Service (i) Veterinary Veterinary Surgeries E. MERCANTILE USES 1. Retail Sale and Display Uses (a) Shopping Centre Shopping Centres (b) Shop Retail Shops and Stores and Showrooms Department Stores (c) Indoor Market Market Halls Auction Halls (d) Outdoor Market Market Grounds Animal Markets Produce and Fruit Stands Fish Stalls (e) Convenience Store Confectionary Stores Corner Stores Gift Shops Specialty Shops 64 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 F. INDUSTRIAL 1. Industrial uses involving (a) Hazardous Bulk Storage of USES highly combustible hazardous substances and processes. Industry hazardous liquids and sub- stances. Chemical Plants Distilleries Feed Mills Lacquer, Mattress, Paint, Varnish, and Rubber Factories Spray Painting Page not internally numbered in Schedule B. 65 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Schedule B Page 5 CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES F. INDUSTRIAL USES (continued) 2. General Industrial Uses involving Limited Hazardous Substances and Processes. (a) General Industry Factories Cold Storage Plants Freight Depots General Garages Warehouses Workshops Laboratories Laundries Planing Mills Printing Plants Contractors' Yards (b) Service Station Gasoline Service Stations Gas Bars 3. Light, Non- hazardous or Non-intrusive Industrial Uses. (a) Light Industry Light Industry Parking Garages Indoor Storage Warehouses Workshops G. NON- BUILDING USES 1. Uses not directly related to building (a) Agriculture Commercial Farms Hobby Farms Market Gardens & Nurseries (b) Forestry Tree Nurseries Silviculture (c) Mineral Working Quarries Pits Mines Oil Wells (d) Recreational Open Space Playing Fields Sports Grounds Parks Playgrounds (e) Conservation Watersheds Buffer Strips Flood Plains Architectural, Historical and Scenic Sites Steep Slopes Wildlife Sanctuaries 66 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 (f) Cemetery Cemeteries Graveyards (g) Scrap Yard Car Wrecking Yards Junk Yards Scrap Dealers Page not internally numbered in Schedule B. 67 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Schedule B Page 6 CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES G. NON- BUILDING USES (continued) 1. Uses not directly related to building. (continued) (h) Solid Waste Solid Waste Disposal Sanitary Land Fill Incinerators (i) Animal Animal Pounds Kennels Zoos (j) Antenna TV, Radio and Communications Transmitting and Receiving Masts and Antennae (k) Transportation Airfields Railway Yards Harbours Wharves and Docks Boathouses Sheds 68 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Schedule C USE ZONE TABLES NOTE This schedule contains tables showing the use classes which may be permitted or which may be treated as discretionary use classes for the purpose of these Regulations. The tables also indicate the re- quired standards of development and may also include conditions affecting some or all of the use classes. The schedule contains tables for the following Use Zones: Mixed Development MD Urban Reserve UR Water Supply WS Rural RUR 69 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 USE ZONE TABLE ZONE TITLE MIXED DEVELOPMENT (MD) (GARNISH) Permitted Use Classes - (see Regulation 89) Single dwelling, double dwelling, recreational open space uses Discretionary Use Classes - (see Regulations 32 and 90) Assembly (except amusement establishments), special care institutional, other types of resi- dential development including home businesses and subsidiary apartments in any type of resi- dential development, business and personal service, mercantile, industry (except hazardous industry), cemeteries, and, transportation (including wharves and docks, boathouses, and sheds) STANDARDS WHERE PERMITTED tial uses Single Dwelling and Non- residen- Double Dwelling APARTMENT BUILDING Row Dwelling 1 Bed Apt. 2 Bed Apt. 3 Bed Apt. 4 Bed Apt. Lot area"* ( square me- tres) minimum 650 490* 350* (average) 200* 250* 280* 300* Floor area (m2 ) minimum 56 56* 56* 40* 50* 60* 70* Frontage (m) minimum 15 12* 12* (average) 36 Building Line Setback (m) (minimum) 6 6 6 8 Sideyard Width Minor (m) (minimum) 2 2 2 5 Sideyard Width Major (m) (minimum) 4 4 4 5 Rearyard Depth (m) (minimum) 9 9 9 14 70 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Lot Coverage (%) (maximum) 33 33 33 33 Height (maximum) 8 8 10 10 * per dwelling unit. ** see Condition 4 Accessory buildings: see Condition 3. CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are compatible or complementary to uses within the permitted use classes and that their development will not inhibit or prejudice the existence or the development of such uses, and are in compliance with the policies in the Municipal Plan. 2. Discretionary Uses - Site Standards Unless otherwise specified in the Use Zone Table or in these conditions, discretionary use classes involving buildings shall conform to the frontage, building line setback, sideyard, rearyard, lot coverage and height requirements specified for a single dwelling. 3. Accessory Buildings i) The total of all accessory buildings associated with a residential use shall have a lot coverage no greater than 7% up to a maximum of 70m2 and no accessory building shall have a height of no more than 4.5 metres. ii) No accessory building shall project in front of any building line setback except as provided by Section 38, Part II of these Regulations. iii) Accessory buildings shall be located at least 2.3 metres from any lot line and at least 4.6 metres from any other structure on the lot or the abutting lot. iv) Accessory buildings shall be finished with exterior roof, wall, window and door components of similar quality and type of material and colour as the main building on the lot. Exterior finishes shall be fully constructed or applied within three months of substantial completion (ie: the time at which the structure becomes useful for its intended purpose). 4. Lot Area and Dimensions The lot area and dimensions of a lot not serviced with central water or sewer service or both are subject to the requirements of Service Newfoundland and Labrador or the Department of Environment and Conservation, as follows (subject to change in Newfoundland and Labrador Regulations concerning use of on-site services): 71 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 With a municipal piped water supply, and connection to a municipal sewer or to a private sewer discharging directly to the sea. 650 m2 With a municipal piped water supply, and sewage disposal by septic tank and tilefield. 1400 m2 With a well water supply and connection to a municipal sewer or to a private sewer discharging directly to the sea. 1400 m2 With a well water supply and sewage disposal by septic tank and tilefield. 1860 m2 5. Medical, Professional and Personal Service Uses Medical, professional and personal service uses may be permitted as a discretionary use in a residential dwelling unit not occupied by the owner, in the form of doctors consulting rooms, personal services, small business services, and similar uses provided that the requirements of Section 47, Part II, in these Regulations shall apply notwithstanding that the building is not occupied by the owner, except that not more than forty (40) percent of the total floor area of the dwelling up to a maximum of forty-five square metres is devoted to the non-residential use. 6. Subdivision Development i) Refer to the Subdivision of Land section which forms Part IV of these Regulations. ii) With regard to residential subdivision design and in addition to the requirements of Part IV of these Regulations the Authority may require that: (a) street, layout and placement of building lots conform to natural features and topography as much as possible and that the configuration of any central sewer services be such that sewage flow requiring pumping is minimized or avoided; (b) at least two accesses from the subdivision to the street network be provided, except in the case of cul de sac streets; (c) waterbodies and watercourses not be altered and, if possible, integrated with open space and park areas; (d) original trees and plant growth be left on undeveloped parts of building lots and open space areas; (e) open space areas be landscaped and demarcated by signage. 72 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 7. Advertisements Relating to Onsite Uses The conditions which shall apply to the erection or display of an advertisement on any lot or site occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be as follows: i) The size, shape, illumination and material construction of the advertisement shall meet the requirements of the Authority, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. ii) No advertisement shall exceed 1.5 square metres in area 8. Advertisements Relating to Offsite Uses The conditions to be applied to the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land use, shall be as follows: i) Each advertisement shall not exceed 1.5 square metres in area. ii) When the advertisements relate to a specific land use, they shall be located within a reasonable distance of, and only show thereon the name and nature of the use and the distance or direction to the premises to which they relate. iii) The location, siting and illumination of each advertisement shall be to the satisfaction of the Authority, having regard to the grade and alignment of streets, the location of street junctions, the location of nearby buildings and the preservation of the amenities of the surrounding area. 9. Development Near Watercourses and Ocean Shoreline Applications for development lying within 15 metres of any watercourse or ocean shoreline shall be subject to the approval of the Department of Environment and Conservation. No de- velopment shall lie below an elevation of 1.5 metres above the ordinary high water mark of Garnish Barrisway, except for the structures of wharves, docks, stairs, stages, boathouses, sheds, and marine industrial buildings. 73 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 USE ZONE TABLE ZONE TITLE URBAN RESERVE (UR) (GARNISH) Permitted Use Classes - (see Regulation 89) Conservation and forestry uses; maintenance and operation of existing uses. Discretionary Use Classes - (see Regulations 32 and 90) Recreational open space. CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are compatible or complementary to uses within the permitted use classes, and that their develop- ment will not inhibit or prejudice the existence or the development of such uses, and are in compliance with the policies in the Municipal Plan. Discretionary uses will only be permitted if they will not cause pollution of any area of land or water body or cause erosion of land to take place or worsen any propensity to flood. Forestry activity shall be defined in a forest management plan satisfactory to the Province of Newfoundland and Labrador and the Authority. 2. Development Standards The development standards for this zone shall be as stated for the Mixed Development (MD) Use Zone. 3. Development Near Watercourses and Ocean Shoreline Applications for development lying within 15 metres of any watercourse or ocean shoreline shall be subject to the approval of the Department of Environment and Conservation. No development shall lie below an eleva- tion of 1.5 metres above the ordinary high water mark of Garnish Barrisway, except for the structures of wharves, docks, stairs, stages, boathouses, sheds, and marine industrial buildings. 74 RURAL (RUR) (GARNISH) Permitted Use Classes - (see Regulation 89) Agriculture, forestry, public water supply, conservation. Discretionary Use Classes - (see Regulations 32 and 90) All other uses except for solid waste uses. ZONE TITLE Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 USE ZONE TABLE CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are compatible or complementary to uses within the permitted use classes, and that their develop- ment will not inhibit or prejudice the existence or the development of such uses, and are in compliance with the policies in the Municipal Plan. 2. Development Standards The development standards for this zone shall be as stated for the Mixed Development (MD) Use Zone. 3. Access, Water Supply and Sewage Treatment The development shall have access to the public street or highway network in a form approved by the Au- thority. The lot area and dimensions of a lot not serviced with central water or sewer service or both are subject to the requirements of Service Newfoundland and Labrador or the Department of Environment and Conservation, as follows (subject to change to provincial regulations): With a municipal piped water supply, and connection to a municipal sewer or to a private sewer discharging directly to the sea. 650 m2 With a municipal piped water supply, and sewage disposal by septic tank and tilefield. 1400 m2 75 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 With a well water supply and connection to a municipal sewer or to a private sewer discharging directly to the sea. 1400 m2 With a well water supply and sewage disposal by septic tank and tilefield. 1860 m2 4. Mineral Workings 4.1 Applications All applications for any mineral working or related development or for any development within the recommended buffer shall be subject to the review and approval of the Department of Natural Resources and the Department of Environment and Conservation. 4.2 Separation from Adjacent Uses (Buffers) No mineral working or associated activity shall be located any closer than the minimum distances listed below to the specified developments or natural features unless, after consulting nearby residents, con- cerned government departments and those involved in any kind of land use within the surrounding general area, the Authority is satisfied that the working will not have a negative effect on other development, potential development or natural features and provided all other applicable regulations and plan policies are respected. Type of Development eral Working Minimum Distance from Min- Existing or proposed residential development 300 metres Any other developed area or area likely to be developed during the life of pit or quarry working for any purpose other than residen- tial 150 metres Public highway or street or designated Public Trail 50 metres Any of the above, with regard to a mineral working operation in which blasting may take place (or any bedrock quarry or reserve) 1000 metres Waterbody or watercourse 50 metres 4.3 Screening Where a mineral working or related activity is visible from a public street or highway, developed area, or area likely to be developed during the life of the use of the mineral working it shall be screened in the fol- lowing manner: 76 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 (i) Where tree screens exist between the mineral working and adjacent public highways and streets or other land uses (excepting forestry and agriculture), the tree screens shall be retained in a 30--metre wide strip so that visibility of any part of the use from surrounding uses or streets will be prevented. The tree screens must be maintained by the owner or occupier of the use to remain in a forested appearance. Where vegetation dies or is removed from the 30-metre strip, the Authority may require new trees of a minimum height of 1 metre be planted to fill in the areas affected to the satisfaction of the Authority or, at the discretion of the Authority, condition 4.3(ii) must be undertaken. (ii) Where no tree screens of sufficient width and density to constitute a visual screen exist, earthen berms shall be constructed to a height sufficient to prevent visibility of any part of the mineral working from adjacent uses (excepting forestry and agriculture), or adjacent public highways and streets. The berms shall be landscaped to the Authority's satisfaction. (iii) Where natural topography creates a visual screen between mineral workings and adjacent public highways and streets or other land uses (excepting forestry and agriculture), additional screening may not be required. (iv) Where effective screening for any mineral working or associated processing or manufacturing use cannot be installed or located as required in 4.3(i) to 4.3(iii), the Authority may refuse to permit the use or as- sociated activity. 4.4 Fencing The Authority may require the mineral working site or excavated areas of a pit or quarry working to be enclosed by a fence designed and constructed to its specifications and no less than 1.8 metres in height. 4.5 Water Pollution No mineral working or associated storm or sanitary drainage shall unacceptably reduce the quality of water in any waterbody or watercourse. Any access road to a pit or quarry working which crosses a rock or stream shall be bridged or culverted at the crossing in accordance with the Regulations of the Department of Environment and Conservation. 4.6 Water Ponding No mineral working shall result in the excavation of areas below the level of the water table nor in any way cause the accumulation or pending of water in any part of the site. Settling ponds may be permitted with the approval of the Department of Environment and Conservation. 4.7 Erosion Control Before commencement of the mineral working the developer must indicate how the mineral working will be carried out so as to not cause erosion of adjacent land. The mineral working must then be carried out in this manner. If not, the Authority shall rescind approval of the permit for the mineral working. 77 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 4.8 Site Maintenance The mineral working site shall be kept free from refuse. Vehicles, equipment and buildings shall not be left abandoned on site. 4.9 Access Roads i) During extended periods of shutdown, or expiration of the quarry permit or permanent cessation of operations prior to that, access roads to a mineral working shall be ditched or barred to the satisfaction of the Authority. H) Access to a quarry site shall not be via local residential streets. 4.10 Stockpiling Cover Material All stumps, organic material and topsoil, including the rusty coloured and iron stained layer. Shall be stripped and stockpiled at least 5 metres from active quarry or stockpile areas. The owner or operator shall ensure that the quality of the topsoil is not affected by dilution with other materials. 4.11 Operating Plant and Associated Processing and Manufacturing The Authority may permit processing and manufacturing use associated with mineral workings pro- vided that, in the opinion of the Authority, the use does not create a nuisance nor is liable to become a nui- sance or offensive by the creation of noise or vibration, or by reason of the emission of fumes, dust, dirt, ob- jectionable odour, or by reason of unsightly storage of materials. All permanent or temporary buildings, plants and structures associated with processing and manufac- turing will be located so as not to interfere with the present or future extraction of aggregate resources. The Authority may specify a minimum separation distance between operating plant or associated processing and manufacturing structure or equipment and adjacent developed areas likely to be developed during the life of the mineral working. 4.12 Termination and Site Rehabilitation Upon completion of the mineral working, the following work shall be carried out by the operator: (i) All buildings, machinery and equipment shall be removed. (H) All pit and quarry slopes shall be graded to slopes less than 20° or to the slope conforming to that existing prior to the mineral working. (Hi) Topsoil and any organic materials shall be respread over the entire quarried area. Seeding and/or tree planting may be required. (iv) The access road to the working shall be ditched or barred to the satisfaction of the Authority. 78 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 (v) If the mineral working contains reserves of material sufficient to support further extraction operations, the Authority may require the work described above to be carried out only in areas of the site where extraction has depleted reserves. (vi) Prior to commencement of the mineral working, Council may require the developer to post a bond to be repaid once site rehabilitation has taken place. The amount of the bond shall be no less than 10% (ten percent) of the estimated cost of site rehabilitation, which shall be repaid, with interest, upon satisfactory ter- mination of rehabilitation of the site. 5. Agricultural Development Applications for agricultural development shall be referred to the Department of Natural Resources for review and approval. 6. Development Near Watercourses and Ocean Shoreline Applications for development lying within 15 metres of any watercourse or ocean shoreline shall be subject to the approval of the Department of Environment and Conservation. No development shall lie below an eleva- tion of 1.5 metres above the ordinary high water mark of Garnish Barrisway, except for the structures of wharves, docks, stairs, stages, boathouses, sheds, and marine industrial buildings. 7. Advertisements The conditions which shall apply to the erection or display of an advertisement on any lot or site occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be as follows: i) The size, shape, illumination and material construction of the advertisement shall meet the require- ments of the Authority, having regard to the safety and convenience of users of adjacent streets and side- walks, and the general amenities of the surrounding area. ii) No advertisement shall exceed 1.5 square metres in area. 8. Service Station The following development standards shall apply to all proposed service stations. i) All gasoline pumps shall be located on pump islands designed for such purpose, and to which auto- mobiles may gain access from either side. ii) Pump islands shall be setback at a minimum 4 metres from the front lot line. iii) Accesses shall not be less than 7 metres wide and shall be clearly marked, and where a service sta- tion is located on a corner lot, the minimum distance between an access and the intersection of the street shall be 10 metres and the lot line between entrances shall be clearly indicated. 79 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 USE ZONE TABLE ZONE TITLE WATER SUPPLY (WS) (GARNISH) Permitted Use Classes - (see Regulation 89) Uses related to the public water supply function. Discretionary Use Classes - (see Regulations 32 and 90) Recreational open space including trails; forestry. CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are compatible or complementary to uses within the permitted use classes, and that their development will not inhibit or prejudice the existence or the development of such uses, and are in compliance with the policies in the Municipal Plan. Discretionary uses will only be permitted if they will not cause pollution of any area of land or water body or cause erosion of land to take place or worsen any propensity to flood. Forestry activity shall be defined in a forest management plan satisfactory to the Province of Newfoundland and Labrador and the Authority. 2. Development Near Watercourses and Ocean Shoreline Applications for development lying within 15 metres of any watercourse or ocean shoreline shall be subject to the approval of the Department of Environment and Conservation. No development shall lie below an elevation of 1.5 metres above the ordinary high water mark of Garnish Barrisway, except for the structures of wharves, docks, stairs, stages, boathouses, sheds, and marine industrial buildings. 80 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Schedule D OFF-STREET PARKING REQUIREMENTS Pursuant to Regulation 51, the quantity of off-street parking spaces shall be provided according to the follow- ing minimum requirements: - a. Assembly uses other than education and child care: b. Education and child care uses: c. Institutional uses d. Residential Dwelling uses e. General Residential uses f. Business and personal service uses 1 space for every five seats or if there are no seats, one space for each 100 square me- tres of floor area devoted to public occupan- cy 2 spaces for each classroom or 25 students or children, whichever is less 1 space for each two beds or clientele spac- es 2 spaces for each dwelling unit 1 space for each rental suite or unit, plus 1 space for each 10 square metres of com- mon spaces such as common rooms, kitch- ens, and recreation areas. 1 space for each 20 square metres of floor area g. All other uses 1 space for each 30 square metres of floor area 81 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Schedules E and F LAND USE ZONING MAPS Schedules E and F, Land Use Zoning Maps 1 and 2, are at the rear of the report. Map 1 is page size bound in the document and Map 2 is folded and found in a map pocket. 82 Garnish Development Regulations for 2014-2024 Approved by Council 31 August 2015 Appendix Other Policies Related to Development But Not Part of Development Regulations The following Policies of theTown of Garnish are appended for information. They are not part of the Devel- opment Regulations and may be amended, added to, or repealed without necessity of amendment to these Development Regulations: To be listed, if any. 83 SCALE 1:50000 ©812" X 11" ,Wwlswym417 ) \a)1, SEE MAP 2 .2 7) \_,-i - ..._, --; --- ) 7-- ---, ,jii Ic c_ " -4 . a:'5 , i-0 0 _, ,°S 4,i J/\ , \ \ moo/ wy.,,)" J -, wr A o C SD, \ \ \ R S 5 1 5 D)\ . \ 2 \ rit, S ----- D D - D \ )55 w 55-r \ \--) - w - 1 ' k5c) / ( -1-1 /DJ) 5 --- -------Ac.---c.--, _ --,,_ I" \ ', i # a cC,') ww.0 047 \D CD 0\ - (Th (--TAD T PD X c ° '0 N s'_9. ' -CAS ° / \ V.,---%, (-- IF _ac I -A, # 3 r ) S tt C. .7.' 1 ,)---- \'' - I Yit4/ -,w1 'St - . ' I /7- ---- iiik ''') -- Der ;.- t- 1c- -- vli .---- , \ . -"---._.; / i A I : - i :-... _ t 1 -C ) i 1-1- : =-",-.1-,. - ...., , .... .--, . i ),-. -7,- . ii, - (._ ..., 5 1 a En, - (-7 A ATPw- c--D - f we:\ .47\ ...11Ki - I 'C'CN°s/9 LEGEND: TOWN OF GARNISH i /Lc- at [/(4 /L this 2 ?day of RUR RURAL WS WATER SUPPLY MUNICIPAL BOUNDARY A.D. 20 r TAS 401 - arse Mayor, y n .tarnish LiCL fAlw' L_ Clerk, Town of Garnish PLANNING AREA BOUNDARY IS IDENTICAL TO THE TOWN BOUNDARY FOR TOWN REVIEW 21 JUN 2014 4 APPROVED BY COUNCIL FOR DMIA REVIEW TO DMA FOR REVIEW AND RELEASE 31 AUG 2015 30 APR 2015 20 JUL 2014 TOWN OF Garnish DEVELOPMENT REGULATIONS LAND USE ZONING 2014 - 2024 MAP 1