Town of Gillams Development Regulations 2017-2027
Gillams, Newfoundland and Labrador
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Town of Gillams Development Regulations 2017-2027
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DEVELOPMENT REGULATIONS 2017-2027
Town of Gillams
Town of Gillams Development Regulations 2017-2027
<ii>
........
TRACT
Contact Information:
Neil Dawe, President
100 LeMarchant Rd.
St. John's, NL Al C 2H2
T: 709.738.2500
F: 709.738.2499
www.tractconsulting.com
Town of Gillams Development Regulations 2011.2021
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Urban and Rural Planning Act, 2000
Resolution to Approve
Town of Gillams
Development Regulations, 2017-2027
Under the authority of Section 16, Section 17, and Section 18 of the Urban and Rural Planning Act, 2000,
the Town Council of Gillams:
a) Adopted the Town of Gil lams Development Regulations on the 3rd day of July 2019.
b) Gave notice of the adoption of the Town of Gillams Development Regulations by advertisement
inserted on the 27th day of November, 2019 and the 4th day of December, 2019 in the Western
Star newspaper.
c)
Set the 18th day of December, 2019 at 2 p.m. at Town Fire Hall for the holding of the Public
Hearing of objections.
Now under the authority of Section 23, of the Urban and Rural Planning Act, 2000, the Town Council of
Gil lams approves the Gil lams Development Regulations as adopted.
Signed and sealed this j_ Cf day~C, , 2020.
Mayor:
Town Clerk/ Manager~
~
<
helley Penney
De, clopmcnr Rcgula1ions/.\mcrulmcnt
REGISTERED
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Urban and Rural Planning Act, 2000
Resolution to Adopt
Town of Gillams
Development Regulations, 2017-2027
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town Council
of the Town of Gil lams adopts the Town of Gillams Development Regulations, 2017-2027.
'-
Mayor:
Adopted by the Town Council of the Town of Gillams on the 3rd day of July 2019.
Signed and sealed thisJ0 day ~()l(.IJU, , 2020.
Town Clerk/ Manage :
(Council Seal)
Canadian Institute of Planners Certification
I certify that the attached Development Regulations have been prepared in accordance with the
requirements of the Urban and Rural Planning Act, 2000.
MCIP:
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OVERVIEW OF DEVELOPMENT REGULATIONS ..................................................................... I
APPLICATION .......................................................................................................................... II
Short Title ............................................................................................................................................ ii
Interpretation ...................................................................................................................................... ii
Commencement .................................................................................................................................. ii
Municipal Code and Regulations ......................................................................................................... ii
Authority ............................................................................................................................................. ii
NEWFOUNDLAND AND LABRADOR ............................................................................................. 1
REGULATION 3/01 ...................................................................................................................... 1
MINISTER'S REGULATIONS .......................................................................................................... 2
1. Short title ........................................................................................................................................ 3
2. Definitions ...................................................................................................................................... 3
3. Application ..................................................................................................................................... 3
4. Interpretation ................................................................................................................................. 3
5. Notice of right to appeal ................................................................................................................ 6
6. Appeal requirements ...................................................................................................................... 6
7. Appeal registration ......................................................................................................................... 6
8. Development prohibited ................................................................................................................ 7
9. Hearing notice and meetings ......................................................................................................... 7
10. Hearing of evidence ..................................................................................................................... 7
11. Board decision .............................................................................................................................. 8
12. Variances ...................................................................................................................................... 8
13. Notice of variance ........................................................................................................................ 8
14. Residential non-conformity .......................................................................................................... 8
Town of Gillams Development Regulations 2017-2027
15. Notice and hearings on change of use ......................................................................................... 9
16. Non-conformance with standards ............................................................................................... 9
17. Discontinuance of non-conforming use ....................................................................................... 9
18. Delegation of powers ................................................................................................................... 9
19. Commencement ........................................................................................................................... 9
PART II - GENERAL REGULATIONS ....................................................--.-...-...-......................-...-..... 1
11-1
Compliance with Regulations ........................................................................................ 1
11-2
Compliance with legislation & higher levels of regulatory aut hority ............................ 1
11-3
Permit Required ............................................................................................................. 1
11-4
Permit to be Issued ........................................................................................................ 2
11-5
Permit Not to be Issued in Certain Cases ....................................................................... 2
11-6
Discretionary Powers of Council .................................................................................... 2
11-7
Variances By Authority (Refer to Minister's Regulations, Section 12) ........................... 3
11-8
Service levy .................................................................................................................... 4
11-9
Financial Guarantees by Developer ............................................................................... 4
11-10
Dedication of land for Public Use .................................................................................. 5
11-11
Reinstatement of l and ................................................................................................... 5
11-12
Form of Application ....................................................................................................... 5
11-13
Register of Application ................................................................................................... 6
11-14
Deferment of Application .............................................................................................. 6
11-15
Approval-in-principle/ Conditional Approval/ out line planning permission ............... 6
11-16
Development Permit ...................................................................................................... 7
11-17
State conditions or Reasons for Refusing Permit .......................................................... 8
11-18
Notice requirements (see URPA, and Minister's Development Regulations) ............... 8
(1)
Notice of application: variance ........................................................................................ 8
(2)
Notice of application: proposed change in non-conforming use ................................... 8
(3)
Notice of application: discretionary use ......................................................................... 9
11-19
Right of Entry ................................................................................................................. 9
11-20
Record of Violations ....................................................................................................... 9
11-21
Stop Work Order and Prosecut ion ................................................................................. 9
11-22
Appeals (see URPA, and Minister's Development Regulations) .................................... 9
11-23
appeal regulations (see Minister's Development Regulations) ................................... 11
11-24
Return of Appeal Fee (see Minister's Development Regulations) ............................... 11
11-25
Effect of Appeal board decisions ................................................................................. 11
11-26
Development may not proceed when decision under appeal .................................... 11
Town of Gillams Development Regulations 2017-2027
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11-27
Delegation of Powers (Refer to URPA and Minister's Regulations, S. 18) ................... 11
PART Ill - GENERAL DEVELOPMENT STANDARDS ....................................................................... 12
111-28 Accesses and Service Streets ....................................................................................... 12
111-29 Accessory Buildings ...................................................................................................... 12
111-30 Accessory uses ............................................................................................................. 13
111-31 Advertisements ............................................................................................................ 14
111-32 Alterations to the natural environment ....................................................................... 14
111-33 Antennae and satellite dishes ...................................................................................... 14
111-34 Bed & Breakfast operations ......................................................................................... 14
111-35 Buffer Strips ................................................................................................................. 15
111-36 Building Height ............................................................................................................. 15
111-37 Building Line and Setback ............................................................................................ 15
111-38 Easements and emergency access ............................................................................... 16
111-39 Environmental assessments ........................................................................................ 16
111-40 Family and Group Care Centres ................................................................................... 16
111-41 Livestock Structures and Uses ..................................................................................... 17
111-42 LotArea ........................................................................................................................ 17
111-43 Lot Area and Size Exceptions ....................................................................................... 17
111-44 Lot Frontage ................................................................................................................. 18
111-45 Mineral exploration ..................................................................................................... 18
1111-46 Multiple uses ................................................................................................................ 18
111-47 Non-Conforming Use (Refer to URPA, S. 108; Minister's Regulations, S. 14-17 & 11-18
notification requirements for change in non-conforming use) .............................................. 18
111-48 Offensive and Dangerous Uses .................................................................................... 20
111-49 Off-Street Parking Requirements ................................................................................. 20
111-50 Off-Street Loading Requirements ................................................................................ 21
111-51 Outdoor storage ........................................................................................................... 21
111-52 Outdoor swimming pools ............................................................................................. 22
111-53 Public Parks, Playgrounds, and Conservation Uses ..................................................... 22
111-54 Screening and Landscaping .......................................................................................... 22
111-55 Services and Public Utilities ......................................................................................... 22
111-56 Service Stations ............................................................................................................ 23
111-57 Side Yards ..................................................................................................................... 23
111-58 Site Grading, soil removal, and soil deposit/ fill .......................................................... 23
111-59 Stormwater & Groundwater Management ................................................................. 24
Town of Gillams Development Regulations 2017-2027
111-60 Street Construction Standards ..................................................................................... 25
111-61 Subsidiary Apartments ................................................................................................. 25
111-62 Unsubdivided Land ...................................................................................................... 25
111-63
Watercourse Protection .............................................................................................. 25
111-64
Zero lot line and other comprehensive development ................................................ 26
PART IV - SIGNAGE/ ADVERTISEMENTS ...-...-...-..........-......-..........................--........................... 27
IV-65
Provincial highway sign regulations ............................................................................ 27
IV-66
Permit Required .......................................................................................................... 27
IV-67
Form of Application ..................................................................................................... 27
IV-68
Advertisements Prohibited in Street Reservation ...................................................... 27
IV-69
Permit Valid for limiTed Period .................................................................................. 27
IV-70
Removal of Advertisements ........................................................................................ 27
IV-71
Advertisements Exempt from Control ........................................................................ 28
IV-72
Approval Subject to Conditions .................................................................................. 28
IV-73
Non-Conforming Uses ................................................................................................. 28
PART V - SUBDIVISION OF LAND -................-............................................................................- 29
V-74
Permit to Subdivide Required ..................................................................................... 29
V-75
Services to be Provided ............................................................................................... 29
V-76
Payment of Service Levies and Other Charges ........................................................... 29
V-77
V-78
V-79
V-80
V-81
V-82
V-83
Issue of Permit Subject to Considerations .................................................................. 29
Building Permits Required ........................................................................................... 30
Form of Application ..................................................................................................... 30
Subdivision Subject to Zoning ..................................................................................... 30
Building lines .............................................................................................................. 30
land for Public Open Space ........................................................................................ 31
Structure in Street Reservation ................................................................................... 32
V-84
Subdivision Design Standards ..................................................................................... 32
V-85
Engineer to Design Works and Certify Construction layout ....................................... 33
V-86
Developer to pay engineer's fees and charges ............................................................ 34
V-87
Street Works May Be Deferred ................................................................................... 34
V-88
Transfer of Streets and Infrastructure Works to Council. ........................................... 34
V-89
Restriction on Sale of Lots ........................................................................................... 35
V-90 Grouping of Buildings and Landscaping .......................................................................... 35
Town of G1llams Development Regulations 2017-2027
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PART VI - USE ZONES ......-..--..---.............--...--.-..............................................................-............ 36
Vi-91
Use Zones .................................................................................................................... 36
Vi-92
Use Classes .................................................................................................................. 36
Vi-93
Permitted Uses ............................................................................................................ 36
Vi-94
Discretionary Uses ...................................................................................................... 36
Vi-95
Uses Not Permitted ..................................................................................................... 36
SCHEDULE A- DEFINITIONS ...................-.................-............-...............................-..........-.......... 1
SCHEDULE B:
CLASSIFICATION OF USES OF LAND AND BUILDINGS ..................................... 1
SCHEDULE C - USE ZONES ..-...---......--.........-...--...-...-..--...............-.--...--...............-..-...........--........ 1
General Conditions -All Zones ........................................................................................................... 1
Referrals and Conditions for Permits ........................................................................................ 1
ZONE TITLE:
RESIDENTIAL (RES) ...................................................................................... 5
RES Use Classifications ........................................................................................................................ 5
Conditions for the Residential Zone .................................................................................................... 5
ZONE TITLE:
MIXED DEVELOPMENT (MD) ....................................................................... 5
MD Use Classifications ........................................................................................................................ 6
Conditions for the Mixed Development Zone ..................................................................................... 6
ZONE TITLE: COMPREHENSIVE DEVELOPMENT AREA (CDA) ........................................................ 15
CDA Use Classifications ..................................................................................................................... 15
Conditions for the comprehensive development Area Zone ............................................................ 15
ZONE TITLE:
RURAL (RU) ............................--........-..-...............-.......--..........-..---......-..... 16
RU Use Classifications ....................................................................................................................... 16
Conditions for the Rural Zone ........................................................................................................... 16
ZONE TITLE: CONSERVATION (CON) -.......-.--...-.-........-.-......-..............--...-......--...--...-......-....-...... 26
Conservation Use Classifications ....................................................................................................... 26
Conditions for the conservation Zone ............................................................................................... 26
SCHEDULE D - OFF-STREET PARKING REQUIREMENTS ................................................................. 1
Town of Gillams Development Regulations 2017-2027
SCHEDULE E:
LAND USE ZONING MAP ......................................................................................................... E
Town of Gillams Development Regulations 2017-2027
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PART I - OVERVIEW OF DEVELOPMENT REGULATIONS
The Development Regulations represent the companion community planning document to the Town of
Gillams Municipal Plan, 2017-2027. While the Municipal Plan provides goals, objectives, and policies to
guide and manage growth and development within the community over the next ten-year period, the
Development Regulations detail the regulatory approach and requirements for implementing the
Municipal Plan policies with regard to land use zoning, development standards, and conditions for
proposed land and building development.
The Development Regulations like the Town's Municipal Plan are authorized through the provisions of
the Newfoundland and Labrador Urban and Rural Planning Act (2000), and as approved by the
Department of Municipal Affairs and Environment and the Town Council of Gillams. The Development
Regulations apply to the entirety of the Town's designated Municipal Planning Area, which in the case of
the Town of Gillams is the same as the Municipal Boundary under the Municipalities Act, 1999.
The primary components of the Development Regulations include the following:
-
Provincial Ministerial Regulations (mandatory component of municipal plans);
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Application;
-
General Regulations;
-
General Development Standards;
-
Regulations pertaining to Signs and Advertisements;
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Regulations for Subdivision of Land; and,
-
The document also provides for a number of information Schedules A-E, that form an integral
part of the Development Regulations document, including: definitions of planning terms; a
classification listing of indicative and exemplar uses of land and buildings; use zone tables
outlining the uses that shall or may be permitted subject to standards and conditions; off-street
parking requirements; and the land use zoning map.
The Development Regulations represent a comprehensive local government management approach for
regulating current and future land use development within the community. To determine if proposed
developments comply with the Town's planning framework, readers are advised to consider the
comprehensive effect of the Municipal Plan in concert with the Development Regulations. Town staff is
available to assist as much as possible in interpreting policies and regulations. Provincial planners at
Municipal Affairs and Environment can also assist in land use matters, especially respecting legislative
interpretation.
Town of Gillams Development Regulations 2017
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Town of Gillams Development Regulations 2017
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APPLICATION
SHORT TITLE
These Regulations may be cited as the Gillams Development Regulations.
INTERPRETATION
(1) Words and phrases used in these Regulations shall have the meanings ascribed to them in Part I and
Schedule A of these Regulations.
(2) Words and phrases not defined in these Regulations shall have the meanings which are commonly
assigned to them in the context in which they are used in the Regulations.
COMMENCEMENT
These Regulations come into effect through the Gillams Municipal Planning Area, hereinafter referred to
as t he Planning Area, on the date of publication of a notice to that effect in the Newfoundland and
Labrador Gazette.
MUNICIPAL CODE AND REGULATIONS
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code and any other
ancillary code and any Building Regulations, Waste Disposal Regulation and/or any other municipal
regulations regulating or controlling the development, conservation and use of land in force in the Town
of Gillams shall, under these Regulations apply to the entire Planning Area.
AUTHORITY
In these Regulations, "Authority" means the Council of the Town of Gillams.
Town of Gillams Development Regulations 2016
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NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the following
regulations.
Dated at St. John's, January 2, 2001.
Joan Marie Aylward
Minister of Municipal Affairs and Provincial Affairs
Town of Gillams Development Regulations 2017
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MINISTER'S 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
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
Town of Gillams Development Regulations 2017
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1. SHORT TITLE
These Regulations may be cited as the Development Regulations.
2. DEFINITIONS
In these Regulations,
a)
"Act," unless the context indicates otherwise, means the Urban and Rural Planning Act,
2000;
b) "Applicant" means a person who has applied to an authority for an approval or permit to
carry out a development;
c)
"Authority" means a council, authorized administrator or regional authority; and
d) "Development Regulations" means these Regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
3. APPLICATION
(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.
4. INTERPRETATION
(1) In development regulations and other regulations made with respect to a planning area the
following terms shall have the meanings indicated in this section.
(a)
"access" means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the
street;
(b)
"accessory building" includes:
(i)
a detached subordinate building not used as a dwelling, located on the
same lot as the main building to which it is an accessory and which has a
use that is customarily incidental or complementary to the main use of
the building or land,
Town of Gillams Development Regulations 2017
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(ii)
(iii)
(iv)
for residential uses, domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetables
storage cellars, shelters for domestic pets or radio and television
antennae,
for commercial uses, workshops or garages, and
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)
(e)
(f)
"building height" means the vertical distance, measured in metres from the established
grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or
gambrel roof, and in any case, a building height shall not include
mechanical structure, smokestacks, steeples and purely ornamental
structures above a roof;
"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;
"discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authority' s development regulations;
(g)
"established grade" means,
(i)
where used in reference to a building, the average elevation of the
finished surface of the ground where it meets the exterior or the front
of that building exclusive of any artificial embankment or
entrenchment, or
(ii)
where used in reference to a structure that is not a building, the
average elevation of the finished grade of the ground immediately
surrounding the structure, exclusive of any artificial embankment or
entrenchment;
(h)
"floor area" means the total area of all floors in a building measured to the outside face
of exterior walls;
(i)
"frontage" means the horizontal distance between side lot lines measured at the
building line;
U)
(k)
"lot" means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building;
"lot area" means the total horizontal area within the lines of the lot;
Town of Gillams Development Regulations 2017
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{I)
"lot coverage" means the combined area of all buildings 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)
(n)
"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;
"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
(p)
(q)
use zone tables of an authority's development regulations;
"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;
"sign" means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly
as a memorial, advertisements of local government, utilities and boarding or similar
structures used for the display of advertisements;
(r)
"rear yard depth" means the distance between the rear lot line and the rear wall of the
main building on a lot;
(s)
"side yard depth" means the distance between the side lot line and the nearest side wall
of a building on the lot;
(t)
"street" means a street, road, highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency
vehicles;
(u)
"street line" means the edge of a street reservation as defined by the authority having
jurisdiction;
(v)
"use" means a building or activity situated on a lot or a development permitted on a lot;
(w)
"use zone" or "zone" means an area of land including buildings and water designated on
the zoning map to which the uses, standards and conditions of a particular use zone
table apply;
(x)
"variance" means a departure, to a maximum of 10 percent from the yard, area, lot
coverage, setback, size, height, frontage or any other numeric requirement of the
applicable Use Zone Table of the authority's regulations; and
(y)
"zoning map" means the map or maps attached to and forming a part of the authority's
regulations (Land Use Zoning Map).
Town of Gillams Development Regulations 2017
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(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.
5. NOTICE OF RIGHT TO APPEAL
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.
6. APPEAL REQUIREMENTS
(1) The secretary of the board at the Department of Municipal Affairs and Environment, Main Floor,
Confederation Building (West Block), P.O. Box 8700, St. John's, NL, AlB 4J6 is the secretary to all
boards in the province and an appeal filed with that secretary within the time period referred to
in Regulation 42(4) of the Act shall be considered to have been filed with the appropriate board.
(2) Notwithstanding Regulation (1), where the City of Corner Brook, City of Mount Pearl or City of
St. John's may appoint an appeal board under Regulation 40(2) of the Act, an appeal shall be
filed with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the board that hears the decision
being appealed by filing it with the secretary referred to in Regulation (1) or (2) within the 14
days referred to in Regulation 42(4) of the Act.
(4) The board that hears the decision being appealed shall, subject to Regulation 44(3) of the Act,
retain the fee paid to the board.
(S) 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.
7. APPEAL REGISTRATION
(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 Regulations 6(1) and (2), shall immediately register the
appeal.
Town of Gillams Development Regulations 2017
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(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 Regulation (3), the secretary of the board shall publish in
a newspaper circulated in the area of the appropriate authority, a notice that the appeal has
been registered.
(S) A notice published under Regulation (4) shall be published not fewer than 2 weeks before the
date upon which the appeal is to be heard by the board.
8. DEVELOPMENT PROHIBITED
(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 Regulation (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.
9. HEARING NOTICE AND MEETINGS
(1) A board shall notify the appellant, applicant, authority and other persons affected by
(a) 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.
10. HEARING OF EVIDENCE
(1) A board shall meet at a place within the area under its jurisdiction and the appellant and other
persons notified under Regulation 9(1) or their representative may appear before the board and
make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these Regulations.
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(3) A written report submitted under Regulation 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.
11. BOARD DECISION
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.
12. VARIANCES
(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 percent if,
in the authority's opinion, compliance with the development standards would prejudice the
proper development of the land, building or structure in question or would be contrary to public
interest.
(2) An authority shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be made
with respect to the same land, building or structure, would have a cumulative effect that is
greater than a 10 percent variance even though the individual variances are separately no more
than 10 percent.
(3) An authority shall not permit a variance from development standards where the proposed
development would increase the non-conformity of an existing development.
13. NOTICE OF VARIANCE
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.
14. RESIDENTIAL NON-CONFORMITY
A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where being
repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development regulations
applicable to that building or structure.
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15. NOTICE AND HEARINGS ON CHANGE OF USE
Where considering a non-conforming building, structure or development under paragraph108(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 received in response to that advertisement.
16. NON-CONFORMANCE WITH STANDARDS
Where a building, structure or development does not meet the development standards that are
included within the development regulations, the building, structure or development shall not be
expanded if the expansion would increase the non-conformity and an expansion must comply with the
development standards applicable to that building, structure or development.
17. DISCONTINUANCE OF NON-CONFORMING USE
An authority may make development regulations providing for a greater period of time than is provided
under Regulation 108(2) of the Act with respect to the time by which a discontinued nonconforming use
may resume operation.
18. DELEGATION OF POWERS
An authority shall, where designating employees to whom a power is to be delegated under Regulation
109(3) of the Act, make that designation in writing.
19. COMMENCEMENT
These Regulations shall be considered to have come into force on January 1, 2001.
©Earl G. Tucker, Queen's Printer
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PART II - GENERAL REGULATIONS
11-1
COMPLIANCE WITH REGULATIONS
No development shall be carried out within the Planning Area except in accordance with the Gillams
Municipal Plan, 2017-2027 and these Regulations.
11-2
COMPLIANCE WITH LEGISLATION & HIGHER LEVELS OF REGULATORY AUTHORITY
(1) New development must comply with applicable acts and regulations at Federal and Provincial
levels. Such may include, but are not limited to: the provincial Water Resources Act,
Environmental Assessment Act, Lands Act, Municipalities Act, Historic Resources Act, Mineral
Act, Forestry Act, Health and Community Services Act, Works, Services, and Transportation Act,
and Building near Highways Regulation, as well as the federal Fisheries Act of Canada,
Environmental Protection Act of Canada, and Canadian Migratory Bird Act.
(2) Prior to issuing a development permit, Council shall require the applicant to provide
confirmation that necessary provincial and federal approvals have been obtained.
(3) A development permit will not be issued if Council is aware that the proposed development
would not comply with a particular provincial or federal act or regulation.
(4) Where these Regulations are more stringent than a provincial or federal act of regulation, these
Regulations will apply.
(5) Nothing in these Development Regulations shall exempt the requirement for licenses, permits,
approvals, or authorization, or compliance with other by-laws or higher levels of authority.
11-3
PERMIT REQUIRED
No person shall carry out any development within the Planning Area except where otherwise provided
in these Regulations unless the Authority has issued a permit for the development. Such development
permits are to be made in writing, and state the reasons for refusal or approval with conditions (see
Reg. 11-5, 11-17), and notification regarding appeal options and process (see Reg. 11-22 to 11-26).
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11-4
PERMIT TO BE ISSUED
Subject to Regulations 11-1 & 2, a permit shall be issued for development within the Planning Area that
conforms to:
11-5
(1) The General Development Standards outlined in Part Ill of these Regulations, the Signage
requirements of Part IV of these Regulations, the Subdivision requirements of Part V, and
the use classes, standards, requirements, and conditions prescribed in Part Vl and Schedule
C of these Regulations for the use zone in which the proposed development is located;
(2) The standards specified within 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;
(3) The standards identified in Part Ill of these Regulations in the case of advertisement;
(4) The standards contained in Part IV of these Regulations in the case of subdivision;
(S) The standards of design and appearance established by the Authority;
{6) The applicable approval requirements from the Province.
PERMIT NOT TO BE ISSUED IN CERTAIN CASES
Neither a permit nor approval-in-principle shall be issued for development within the Planning Area
when, in the opinion of 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 shall attach to and upon the property in
respect of which it is imposed. Where water pressures and fire flows cannot be guaranteed,
development may be refused.
11-6
DISCRETIONARY POWERS OF COUNCIL
(1) In considering an application for a permit or for approval-in-principle to carry out
development, the Authority shall take into account the policies expressed in the Municipal
Plan and any further scheme, plan or regulations pursuant thereto, shall consider any
applicable report and recommendation submissions from a qualified consultant, and shall
assess the general appearance of the development of the area, the amenity of the surr-
oundings, potential environmental effects, availability of municipal services and utilities,
public safety and convenience, and any other considerations which are, in its opinion,
material. Notwithstanding the conformity of the application with the requirements of these
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11-7
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) When conditionally approving or rejecting an application for a discretionary use as defined
in the use zone tables, the Authority shall state in writing the basis for its decision.
VARIANCES BY AUTHORITY (REFER TO MINISTER'S REGULATIONS, SECTION 12)
(1) Where an approval or permit cannot be given by the Authority because a proposed
development does not comply with the development standards identified within the
development regulations, an Authority may vary the applicable development standards to a
maximum of 10 per cent if, in the Authority's opinion, compliance with the development
standards would prejudice the proper development of the land, building or structure in question
or would be contrary to public interest.
(2) Variance from these Regulations pursuant to Regulation 11-7(1) shall only be authorized in the
following circumstances:
(a)
if, in the opinion of the Authority, such variance is not contrary to the general
intent and purpose of these Regulations, the Municipal Plan, or any further
scheme, plan or regulation pursuant thereto, and the public interest;
(b)
if, prior to authorization of such variance, the Authority has considered its effect
on adjoining properties;
(c)
(d)
(e)
if the variance does not change the permitted use of the property;
if the Authority is satisfied that the variance has not become necessary due to the
intentional or negligent conduct of the owner or some other party acting with the
owner's knowledge or consent;
if, prior to authorization of such variance, the Authority has given notice of the
application in accordance with Regulation 11-18 and has considered any objections
or representations which may have been received on the matter.
(3) The 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 ten per cent (10%} variance even though the individual variances are separately
no more than 10%.
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(4) The authority shall not permit a variance from development standards where the proposed
development would increase the non-conformity of an existing development.
(5) Notice of Variance (See Reg 11-18, Notification Requirements; Minister's Regulations, S. 12-13)
Where the Authority is to consider a variance proposal (to vary a measurable development
standard up to a maximum cumulative amount of 10 %), 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, and allow a minimum period of 7 days for response.
11-8
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
development.
(2) A service levy shall not exceed the cost, or estimated cost, including finance charges to Council
of constructing or improving the public works referred to in Regulation 11-8(1) that are necessary
for the real property to be developed in accordance with the standards required by Council and
for uses that are permitted on that real property.
(3) A service levy shall be assessed on the real property based on:
(a) The amount of real property benefited by the public works related to all the real property so
benefited; and,
(b) The density of development made capable or increased by the public work.
(4) 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.
11-9
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
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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 11-9(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 expenditures by
the developer; or,
(c) A performance bond provided by an insurance company or a bank; or,
(d) An annual contribution to a sinking fund held by the Authority; or,
(e) Another form of financial guarantee that the Authority may approve.
11-10
DEDICATION OF LAND FOR PUBLIC USE
In addition to the requirements for conveyance and dedication of land under Part v (Subdivision of
Land), the Authority may require the dedication of a percentage of the land area of any subdivision or
land to be developed for park land or other public use under Regulation V-82 (Land for Public Open
Space), and such land shall be conveyed to the Authority in accordance with the provisions of the Act.
11-11
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, septic tanks or excavations, to conduct an
environmental audit and potentially remediate the site, 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.
11-12
FORM OF APPLICATION
(1)
An application for a development permit or for outline planning permission shall be:
(a) made only by the owner, or by a person authorized by the owner, to the Authority;
(b) made on such form as may be prescribed by the Authority;
(c) inclusive of such plans, specifications and drawings as the Authority may require; and
(d) be accompanied by the permit fee required by the Authority.
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(2)
The Authority shall, on request, supply to every applicant a copy of the application forms referred
to in Regulation 11-12(1) and a description of the plans, specifications and drawings required to be
provided with the application.
11-13
REGISTER OF APPLICATION
The Authority shall keep a public register of all applications for development, and shall enter therein
Council's decision upon each application and the result of any appeal from that decision.
11-14
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 consideration
has not been deferred in accordance with Regulation 11-14(1), shall be deemed to be refused.
11-15
APPROVAL-IN-PRINCIPLE/ CONDITIONAL APPROVAL/ OUTLINE PLANNING PERMISSION
(1) Council may grant approval-in-principle (otherwise referred to as conditional approval, or
outline planning permission) 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
the Municipal Plan and Development 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 (such as a real property report and survey description of the subject property, detailed
plans for how the property is proposed for development, access, egress, parking, and any
development studies, such as land use assessment or traffic, or additional requirements
stipulated by Council).
(3) Approval of the specified conditional requirements and detailed plans shall be received no later
than two years from the grant of the approval-in-principle.
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(4) Such a decision to provide approval-in-principle is to be made in writing, and state the reasons
for refusal or approval with conditions (see Regulation 11-17), and notification regarding appeal
options and process (see Regulation 11-22-26).
(5) An approval-in-principle does not permit development to occur.
(6) An approval-in-principle may be revoked by Council if the application differs significantly from
the original intent of that which was conditionally approved.
11-16
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 and
requirements as it deems fit in order to ensure that the proposed development will be in
accordance with the purposes and intent of these Regulations.
(3) Where the Authority deems necessary, permits may be issues on a temporary basis for a period
not exceeding two years, which may be extended in writing by the Authority for further periods
not exceeding two years.
(4) A permit is valid for such period, not in excess of two years, as may be stated therein, and if the
development has not commenced, the permit may be renewed for a further period not in
excess of one year, but a permit shall not be renewed more than once, except in the case of a
permit for an advertisement, which may be renewed in accordance with Part IV 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,
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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 error or
was issued on the basis of incorrect information.
(7) No person shall erase, alter or modify any drawing or specifications upon which a permit to
develop has been issued by the Authority.
(8) There shall be kept available on the premises where any work, matter or thing is 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.
11-17
STATE CONDITIONS OR REASONS FOR REFUSING PERMIT
When attaching conditions to a permit or when refusing to issue a development permit, Council shall
state the reasons for so doing in writing.
11-18
NOTICE REQUIREMENTS (SEE URPA, AND MINISTER'S DEVELOPMENT REGULATIONS}
(1)
Notice of Application: Variance
Where the Authority is to consider a variance proposal in accordance with Regulation 11-7 (to
vary a measurable development standard up to a maximum cumulative amount of 10 %), the
Authority shall, at the expense of the applicant, 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,
and allow a minimum period of seven 7 days for response.
(2)
Notice of Application: Proposed Change in Non-Conforming Use
When a change in nonconforming use is to be considered, the Authority shall, at the expense of
the applicant, give public notice for an application for a development permit or for approval-in-
principle to change or vary an existing use of a building, structure, or development, by
publishing a notice in a newspaper circulating in the area or by other means give public notice,
and allow a minimum period of seven (7) days for response.
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(3)
Notice of Application: Discretionary Use
When the development proposed is listed as a discretionary use in Schedule C of the
Regulations, 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 or by any other means deemed necessary.
11-19
RIGHT OF ENTRY
The Authority or any inspector representing the Authority 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.
11-20
RECORD OF VIOLATIONS
Every inspector shall keep a record of any violation of these Regulations, which comes to her or his
knowledge, and report that violation to the Authority.
11-21
STOP WORK ORDER AND PROSECUTION
(1) Where a person begins a development contrary or apparently contrary to these Regulations, the
Authority may order that person to stop the development or any work connected therewith
pending final adjudication in any persecution arising out of the development.
(2) A person who does not comply with an order made under Regulation 2.21(1) is guilty of an
offence under the provisions of the Act.
11-22
APPEALS (SEE URPA, AND MINISTER'S DEVELOPMENT REGULATIONS)
(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 respect 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.
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(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 made under this section 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 appealed.
(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 board may meet as often as it considers necessary to conduct its work in an expeditious
manner.
(7) 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.
(8) An Appeal Board may inform itself of the subject matter of the appeal in the manner it considers
necessary to reach a decision.
(9) 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.
(10) In determining an appeal, an Appeal Board may confirm, reverse or vary the decision appealed
from and may impose those conditions that the board considers appropriate in the
circumstances and may direct the Authority or authorized administrator to carry out its decision
or make the necessary order to have its decision implemented.
(11) Notwithstanding Regulation (10), where the Authority may, in its discretion, make a decision,
an Appeal Board shall not make another decision that overrules the discretionary decision.
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(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 Authority of the decision of the
Appeal Board.
11-23
APPEAL REGULATIONS (SEE MINISTER'S DEVELOPMENT REGULATIONS)
Refer to Minister's Development Regulations, January 2, 2001, contained in this document, for:
Notice of Right to Appeal, Section 5.
Appeal Requirements, Section 6.
Appeal Registration, Section 7.
Development Prohibited, Section 8.
Hearing Notice and Meetings, Section 9.
Hearing of Evidence, Section 10.
11-24
RETURN OF APPEAL FEE {SEE MIN~STER'S DEVELOPMENT REGULATIONSI
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 11-22 (5) shall be paid to her or him by the
Authority, and the Board of Appeal shall so order in its decision.
11-25
EFFECT OF APPEAL BOARD DECISIONS
The Authority shall be bound to carry out the decision of the Appeal Board, and that decision shall be
binding on all parties.
11-26
DEVELOPMENT MAY NOT PROCEED WHEN DECISION UNDER APPEAL
Once an appeal is filed by an aggrieved party pertaining to a decision of the authority in accordance with
Section 42 of the Act, no act of development shall proceed until the appeal process in complete.
11-27
DELEGATION OF POWERS (REFER TO URPA AND MINISTER'S REGULATIONS, S. 18)
In accordance with the Urban and Rural Planning Act Section 109, where designating employees to
whom a power is to be delegated respecting development decisions and conditions, Council shall
officially delegate such authority, in writing, to an appointed municipal employee.
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PART Ill - GENERAL DEVELOPMENT STANDARDS
111-28
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 road network system and the Authority may prescribe the
construction of service streets to reduce the number of accesses to collector and arterial streets.
(2) No vehicular access shall be closer than 10 metres to the street line of any street intersection.
111-29
ACCESSORY BUILDINGS
(1) Accessory buildings shall be clearly incidental and complementary to the use of the main
buildings in character, use and size, and shall be contained on the same lot.
(2) As per the definition of "accessory building", the structure shall not be used for human
habitation.
(3) No accessory building or part thereof shall project in front of any building line, shall be closer
than the main building to the front lot line, shall be closer than 1 metre from the rear lot line.
(4) An accessory building shall not be erected or placed upon any easement or right-of-way, unless
prior written approval is granted by the authority responsible for easement provided the
structure would not pose a safety or health hazard.
(S) No accessory building or part thereof shall interfere with underground septic tanks, disposal
fields, or easements.
(6) The side yard requirements set out in the use zone tables in these Regulations shall apply to
accessory buildings wherever they are located on the lot; however, accessory buildings on two
adjoining properties may be built to property boundaries provided they shall be of fire resistant
construction and have a common firewall.
(7) Except for a temporary building for on-site construction equipment and tools storage as
approved by the Authority, accessory buildings shall not be erected on a property before the
principal building is constructed.
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(8) Commercial or industrial use of an accessory building is limited to accessory uses associated
with the primary and permitted use of the commercial or industrial development.
(9) The overall appearance and maximum height of an accessory building shall correspond to the
height of the principal structure. In the case of residential lots, an accessory building shall not
exceed six (6) metres in height, and shall be no higher than the height of the dwelling or the
effective height of the dwelling when the grade of the lot is taken into consideration.
(lO)Council shall encourage that every reasonable effort is made in the placement of accessory
buildings to avoid obstructing views, blocking natural light, or creating negative impacts on
adjoining properties or storm water drainage.
(11)Subject to compliance with setbacks and development standards, multiple accessory buildings
may be accommodated on a lot for multiple accessory purposes (such as garage, tool shed,
greenhouse, pool house), subject to the following size considerations:
the cumulative area of all structures (including the primary structure/ dwelling and all accessory
structures combined) must not exceed the ground floor area of the applicable use zone;
the cumulative lot coverage must be no greater than the overall lot coverage of the use zone;
provided that multi-building developments are suitably situated on the lot to enable access and
maintenance of each of the various structures, with a separation distance acceptable to the
authority and in accordance with the National Building Code of Canada.
(12)Accessory buildings are development and require a development application that shall include
such plans, specifications and drawings as the Authority may require (i.e. proof of ownership or
title, survey or real property report, site plan, lot size, building setbacks, building dimensions).
(13)Accessory buildings shall be prohibited from being used for performing motor vehicle or heavy
equipment repairs, auto painting, dismantling or scrapping of vehicles or other machinery.
111-30
ACCESSORY USES
Any use that is accessory to a permitted use shall be located on the same lot and be clearly incidental
and complementary to the principle use or building in terms of scale and exterior appearance.
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111-31
ADVERTISEMENTS
Advertisements shall not be erected or displayed except in accordance with Part IV of these Regulations
and the Use Zone Tables in Schedule C of these Regulations.
111-32
ALTERATIONS TO THE NATURAL ENVIRONMENT
Significant alterations to the natural environment will be a consideration of the development review
process. All proposals for development shall include plans for alterations to the grade of the land, the
alteration of natural drainage, or the removal or planting of vegetation. There shall be no grading,
ditching, grubbing, filling, removal of topsoil without the approval of Council.
111-33
ANTENNAE AND SATELLITE DISHES
Where permitted, antennae and satellite dishes shall be subject to the following conditions:
(1) There shall be one satellite dish per lot;
(2) The satellite dish antenna shall not be located in the front yard or flanking side yard of a lot;
(3) The maximum diameter of the satellite dish is 3 metres;
(4) The maximum height of:
a) A ground-mounted antenna shall be 4.6 metres measured from the top of the antenna to
ground level.
b) A roof-mounted antenna shall be 4.6 metres measured from the top of the antenna to the roof.
c) The satellite dish antenna does not obstruct views from other properties;
(5) The satellite dish must not obstruct right-of-way or encroach any easements.
111-34
BED & BREAKFAST OPERATIONS
A bed and breakfast use shall be subject to the following conditions:
a)
It is located in a dwelling unit;
b) The use does not detract from the residential character of the neighbourhood;
c)
The use is carried out by a resident of the dwelling unit;
d) The number of rooms available for rent shall not be greater than four {4);
e) No addition or alteration shall be undertaken which changes the roof line, increases the height
of the building, or extends into the front or side yards of the lot, except for dormers and/or
structures necessary for public safety such as fire escapes;
f)
A minimum of one parking space per room is provided on the lot;
g) Access and parking area shall be paved;
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h) A parking area abutting a residential lot shall be screened by a fence, wall, or hedge of height
not less than one metre (1 m) and located a minimum distance of one metre (1 m) from the
edge of the parking area;
i)
A non-illuminated identification, free standing sign not exceeding 0.2 m2 in area and a fascia sign
not exceeding 0.2 m2 in area shall be permitted provided that the sign is consistent with the
residential character of the neighbourhood;
j)
No change in the type, class or extent of the use shall be permitted except in accordance with a
permit issued by the Authority;
k) The establishment shall be registered with, and receive a rating from, Canada Select and shall
also be approved by the Provincial Department of Tourism, Culture, Industry and Innovation as a
Bed and Breakfast operation.
111-35
BUFFER STRIPS
Where any industrial, commercial or institutional development permitted in any Use Zone abuts an
existing or proposed residential area, or is separated from it by a road only, the owner of the site of the
development may be required to provide a buffer strip not less than 10 metres wide between any
residential activity. The buffer shall include the provision of such natural or structural barrier as may be
required by the Authority and shall be constructed and maintained by the owner or occupier to the
satisfaction of the Authority.
111-36
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 varied as follows:
(a) The building line setback shall be increased by 2 meters for every 1 meter increase in height;
(b) The rear yard shall not be less than the minimum building line setback calculated as
described in (a) above, plus 6 meters.
(c) Building Height Exceptions: The height requirements prescribed in these Regulations may be
waived in the case of communication masts and antennae, flagpoles, water towers, spires,
belfries, wind generators, or chimneys.
111-37
BUILDING LINE AND SETBACK
(1) The Authority, by resolution, may establish a building lines on any existing or proposed street or
service street and may require new buildings to be located on those building lines, whether or
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not the building line conforms to the standards set out in the tables of Schedule C of these
Regulations.
(2) In cases where Council has made a resolution to establish a building line, Council may
nevertheless exempt an individual building from the requirement to respect the building line or
street line if physical, heritage or other conditions make this location unsafe or impractical, or
more in keeping with the character of the immediate neighbourhood.
(3) Building line and setback requirements must be taken into account in the construction of fences
and retaining wall structures projecting above the ground surface. Fences may comprise
hardscape materials such as wood, metal or masonry, as well as softscape hedges and shrubs
that are used as a fence, with the design, type, and materials being subject to Council approval.
Notwithstanding building line and setback requirements, fences shall not block sightlines at the
intersection of roads, shall not exceed 1.8 metres in height, and damages or repairs of any
fencing during the normal operation of infrastructure maintenance shall not be the
responsibility of the Town or authority for the road.
111-38
EASEMENTS AND EMERGENCY ACCESS
Where land is required for utility easements or emergency access, such land may be so allocated during
the development review process for a subdivision or development application.
111-39
ENVIRONMENTAL ASSESSMENTS
Development applications pertaining to lands that were previously used for commercial, industrial, or
potentially hazardous purposes may be subject to Environmental Assessment as a condition of Council,
or as a requirement of the Department of Municipal Affairs and Environment.
111-40
FAMILY AND GROUP CARE CENTRES
Family and 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 affect, 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.
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111-41
LIVESTOCK STRUCTURES AND USES
(1) No structure designed to contain more than five (5) animal units shall be erected or used unless
it complies with the following requirements:
(a) The structure shall be 600 meters from a residence (except a farm residence), from an
area designated for residential use in an approved Plan, and from a Provincial or Federal
Park;
(b) The structure shall be at least 60 meters from the boundary of the property on which it
is to be erected;
(c) The structure shall be at least 90 meters from the center line of a street;
(d) The erection of the structure shall be referred to the Agrifoods Branch of the
Department of Fisheries and Lands, and the Department of Municipal Affairs and
Environment for comment and any necessary approvals.
(2) No development for residential use shall be permitted within 600 meters of an existing structure
designed to contain more than five animal units unless the development is first approved by the
Department of Natural Resources.
111-42
LOT AREA
(1) No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof or
otherwise, so that any building or structure on such lot shall have a lot coverage that exceeds, or
a frontage or lot area that is less than that permitted by these Regulations for the zone in which
such lot is located.
(2) Where any part of a lot is required by these Regulations to be reserved as a yard, it shall
continue to be so used regardless of any change in the ownership of the lot or any part thereof,
and shall not be deemed to form part of an adjacent lot for the purpose of computing the area
thereof available for building purposes.
111-43
LOT AREA AND SIZE EXCEPTIONS
Where, at the time of the coming into effect of the Town of Gillams Development Regulations 2017-
2027, one or more lots already exists in any residential zone, with insufficient frontage or area to permit
the owner or purchaser of such a lot or lots to comply with 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.
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111-44
LOT FRONTAGE
Except where specifically provided for in the Use Zone Tables in Schedule C of these Regulations, no
building shall be erected unless the lot on which it is situated fronts directly onto a publicly maintained
street or forms part of a Comprehensive Development Scheme.
111-45
MINERAL EXPLORATION
Where permitted, mineral exploration activities shall meet the following conditions:
(1)
The Planned activities do not cause undue noise, significant ground disturbance or risks
to the safety of residents of Gillams.
(2)
A plan to consult with and inform residents of the activity is submitted and approved by
the Authority;
(3)
All permits and approvals from federal and provincial agencies, including the
Department of Natural Resources, Mines and Energy Branch, have been obtained;
(4)
(5)
A site rehabilitation plan is submitted and approved by Council for exploration activities,
which require trenching and/or the creation of cut lines through wooded areas, or other
forms of ground disturbance;
All required financial guarantees and deposits have been made in accordance with
provincial requirements to ensure that rehabilitation work has been completed in
accordance with the development permit and to the satisfaction of the Authority.
111-46
M ULTIPLE USES
In any use zone where any land or building is used for more than one use, each use shall be required to
meet the provisions of these regulations. Where there is a conflict, such as in the case of lot size or lot
frontage, the more stringent standard shall prevail.
111-47
NON-CONFORMING USE (REFER TO URPA, S. 108; MINISTER'S REGULATIONS, S. 14-17 & 11-18
NOTIFICATION REQUIREMENTS FOR CHANGE IN NON-CONFORMING USE)
(1) Notwithstanding a plan, scheme or regulations made under the Act, the Minister, a Council or
regional authority shall, in accordance with regulations made under the Act, allow a
development or use of land to continue in a manner that does not conform with a regulation,
scheme, or plan that applies to that land provided that the non-conforming use legally existed
before the registration of the plan, scheme or regulations made with respect to that kind of
development or use.
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(2) Notwithstanding subsection 111-47 (1), a right to resume a discontinued non-conforming use of
land shall not exceed 6 months after that discontinuance.
(3) A building, structure or development that does not conform to a scheme, plan or regulations
made under the Act that is allowed to continue under subsection {1)
a.
Shall not be internally or externally varied, extended or expanded unless otherwise
approved by the minister or appropriate council, regional authority or authorized
administrator;
b. Shall not be structurally modified except as required for the safety of the building,
structure or development;
c.
Shall not be reconstructed or repaired for use in the same non-conforming manner
where SO percent or more of the value of that building, structure or development
has been destroyed;
d.
May have the existing use for that building, structure or development varied by the
appropriate council, regional authority or authorized administrator to a use that is,
in their opinion more compatible with a plan and regulations applicable to it;
e.
May have the existing building extended by the appropriate council, regional
authority or authorized administrator where, in its opinion that extension is not
more than SO percent of the existing building;
f.
Where the non-conformance is with respect to the standards included in
development regulations, shall not be expanded if the expansion would increase the
non-conformity; and
g.
Where the building or structure is primarily zoned and used for residential purposes,
may, in accordance with the appropriate plan and regulations, be repaired or rebuilt
where SO percent or more of the value of that building or structure is destroyed.
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111-48
OFFENSIVE AND DANGEROUS USES
No building or land shall be used for any purpose which may be dangerous by causing or promoting fires
or other hazards or which may emit noxious, offensive or dangerous fumes, smoke, gases, radiation,
smells, ash, dust or grit, excessive noise or vibration, or create any nuisance that has an unpleasant
effect on the senses unless its use is authorized by the Authority and any other authority having
jurisdiction.
111-49
OFF-STREET 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 the building, structure or use.
(2) The number of parking spaces to be provided for any building, structure, and use of occupancy
shall conform to the standards outlined in Schedule D, Off-Street Parking Requirements, of
these Regulations.
(3) Each parking space, except in the case of one or two-family dwellings, shall be made accessible
by means of a hard surfaced right-of-way at least three (3) metres in width. Parking required in
a Residential Zone shall be provided on the same lot as the dwelling or dwellings. 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 meters distant from the use concerned.
(4) Parking facilities shall, except in the case of single and attached double 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) A parking space shall mean an area of land, not less than 15 m2 in size, 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 and terms and
conditions of the Authority;
(c) The lights used for illumination of the parking area shall be so arranged as to divert the light
away from adjacent development;
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(d) A structure, not more than three (3) metres 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 that permit a service station, no gasoline pump or other service station
equipment shall be located or maintained on a parking area;
(f) No part of an off-street parking area shall be closer than 1.5 metres to the front lot line in
any zone;
(g) Access to parking areas in non-residential zones shall not be by way of residential zones;
(h) Where a parking area is in or abuts a residential zone, a natural or structural barrier at least
one (1) meter 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 requirements
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 alternative parking facilities within the general vicinity of the
development.
111-50
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 metres long, four (4) metres wide, and having a vertical
clearance of at least four (4) metres with direct access to a street or with access by a driveway of
a minimum width of six (6) metres 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
manoeuvre clear of any street and so that it is not necessary for any vehicle to reverse onto or
from a street.
111-51
OUTDOOR STORAGE
Outdoor storage may be permitted in association with commercial or industrial uses, but may be subject
to conditions and requirements. In the Residential and Mixed Development zones, outdoor storage may
only be permitted in side yards and/or rear yards and will only be permitted in front yards at Council's
discretion where clearly necessary to the function of the operation in terms of display (such as car sales)
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or access (such as building supplies). Where outdoor storage is permitted in the Rural zone, Council may
require screening, berming, or fencing to conceal storage materials and refuse containers that are
unsightly or cause nuisance to the detriment of adjacent properties.
111-52
OUTDOOR SWIMMING POOLS
Where a swimming pool is an accessory use to a residential or commercial use, it shall meet the
following conditions:
(1) the pool must be enclosed by a fence having a minimum height of 1.8 metres from the
established grade and located a minimum of 1.8 metres from the water surface perimeter, and
have a self-closing self-latching gate mechanism located high on the inside of the gate;
(2) the pool must not exceed 7% of the area of the lot;
(3) the pool must not encroach upon any easement;
(4) the pool must not be placed over any existing, on-site septic system.
111-53
PUBLIC PARKS, PLAYGROUNDS, AND CONSERVATION USES
Nothing in these Regulations shall prevent the establishment of conservation areas, public parks and
playgrounds or conservation uses in any zones provided that such parks and playgrounds are not located
in areas which may be unsafe and hazardous to their use, are not operated for commercial purposes.
111-54
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 Regulations 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 Authority, the landscaping or
screening is desirable to preserve amenity, or protect the environment.
111-55
SERVICES AND PUBLIC UTILITIES
The Authority may, within any zone, permit land to be used in conjunction with the provision of public
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services and public utilities if the use of that land is necessary to the proper operation of the public
service/ utility concerned, provided that the design and landscaping of any development of any land so
used is, in the opinion of the Authority, adequate to protect the character and appearance of the area.
111-56
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 four (4) metres from the front lot line.
(c) Accesses shall not be less than seven (7) metres wide and shall be clearly marked, and where a
service station is located on a corner lot, the minimum distance between an access and the
intersection of street lines at the junction shall be 10 metres and the lot line between entrances
shall be clearly indicated.
111-57
SIDE YARDS
A side yard shall be provided on the exposed sides of every building in order to provide access for the
maintenance of that building and which shall be kept clear of obstruction except for outside storage as
permitted according to these regulations.
111-58
SITE GRADING, SOIL REMOVAL, AND SOIL DEPOSIT/ FILL
(1) A development permit is not required for removal, deposit, or grading of soil, sand, gravel, rock,
or other aggregate material if the activity is part of an approved development project, or affects
less than 125 cubic metres of material.
(2) No other excavation, removal, or depositing of material, site grading, cutting, or filling, shall be
carried out unless a development permit under these Regulations has been issued by Council.
(3) Any excavation, removal and depositing of soil, sand, gravel, and rock, that requires a
development permit may be issued a temporary permit provided the work is based on a grading
plan, will result in an improved site for permitted uses, while retaining as much of the natural
features of the land as possible. The following conditions shall be met:
a) The landscape shall be preserved in its natural state, insofar as practicable, by minimizing
tree and soil removal and any grade changes shall be in keeping with the general
appearance of neighbouring developed areas;
b) Steeply sloping land is not intended for grading or development. Lands with a slope greater
than 25 per cent over a distance of five (5) or more metres, shall be protected and shall not
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be developed except for infill development proposals as a discretionary use within the
Mixed Development zone, and except on the further conditions that such proposals are
accompanied and supported by a qualified geotechnical or other engineering certified and
stamped report and recommendations, and all such proposals are approved by Council;
c)
Resulting slopes are verified by a geotechnical or similar qualified engineer as being stable
and without hazards;
d) When the work is completed, areas in which natural vegetation has been removed shall be
covered with topsoil and other necessary material for vigorous plant growth and planted
with appropriate vegetation; and
e) Storm water management and drainage is provided to a standard appropriate to the site,
and as approved by the Town Engineer/ Engineering Consultant, so as to not impair existing
surface drainage or create erosion either on the site or on adjacent sites.
111-59
STORMWATER & GROUNDWATER MANAGEMENT
(1) Land development and the erection of buildings and structures will not be permitted on any site
where it would otherwise be permitted under these Regulations, when in the opinion of the
Town engineer, the development will create or aggravate adverse storm water impacts, for
example, excessive run-off onto adjacent properties, soil erosion, scouring and silt deposition of
streams, or reduction of surface or groundwater quality. The development applicant may be
required to engage a qualified consultant engineer with expertise in hydrology and storm water
management design to address these site development issues to the satisfaction of the Town
Engineer and Town Council.
(2) New development may be required to implement storm water detention measures to manage
and control storm water runoff so that there is "no net increase" in storm water runoff as a
result of the proposed development.
(3) Each development shall be provided with a drainage system that is adequate to prevent the
retention of surface water on the development site; Council may require a retention pond or
similar engineering approach be incorporated into storm drainage systems.
(4) The grading of land, excavation of ditches, and erection of buildings or structures will not be
undertaken in a manner that significantly increases storm water runoff and erosion onto
adjacent properties or into nearby watercourses.
(5) Any proposed new development that is not serviced with municipal water is subject to the
groundwater assessment requirements of the Provincial Department of Municipal Affairs and
Environment Groundwater Supply Assessment and Reporting Guidelines for Subdivisions
Serviced by Individual Private Wells.
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111-60
STREET CONSTRUCTION STANDARDS
A new street may not be constructed except in accordance with the road design, specifications and
standards adopted by the Authority.
111-61
SUBSIDIARY APARTMENTS
A subsidiary apartment, as defined by Schedule A, may be permitted in a single dwelling only, and for
the purposes of calculating lot area requirements, shall be considered part of the self-contained
dwelling.
111-62
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.
111-63
WATERCOURSE PROTECTION
Any proposed development or land use activity in proximity to a stream, pond, lake, coastline, or
wetland requires a natural buffer to be retained (no removal of vegetation; no alteration of the
topography) as follows:
(1) Along the coast, a 30-metre buffer is required, measured from the top of the bank or high water
mark of the ocean, whichever is greater.
(2) A 15-metre buffer is required for land in the location of a minor stream or drainage channel (not
showing on a 1:50,000 topographic map), unless approved by Water Resource Management
Division, Department of Municipal Affairs and Environment
(3) Development must be located 30 metres from any water body (stream, pond, lake).
High Water Level - For the purposes of interpretation, the high water level of a water body is taken to
be the 1:100-year return period water level. For a fresh water body, this level includes water levels
caused strictly by storm runoff or hydraulic effects of ice or both. In marine situations, the level must
include maximum waves; wind setup, storm surge, and ultimate mean sea levels under current global
climatic forecasts for a 1:100-year design.
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Larger Buffer Requirements - The Authority may require a larger buffer area around a water body
where identified floodplains, steep slopes or unstable soil conditions (for example) could result in
damage to
Watercourses and fish or wildlife habitat as a result of development.
Development not requiring a buffer area - Buffer areas are not required for conservation structures
such as those designed to control flooding and erosion, bridges, pathways and sewer lines, or where
permitted, for the construction of wharves and docks. Such development shall meet provincial
environmental guidelines, and be approved by the Water Resource Management Division, Department
of Municipal Affairs and Environment. If fish habitat is affected, approval from Fisheries and Oceans
Canada is required.
111-64
ZERO LOT LINE AND OTHER COMPREHENSIVE DEVELOPMENT
Council 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 Table in Schedule C, provided that the dwellings
are designed to provide both privacy and reasonable access to natural daylight and the overall density
within the layout conforms to the regulations and standards set out in the Use Zone table apply where
the layout adjoins other development.
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PART IV - SIGNAGE/ ADVERTISEMENTS
IV-65
PROVINCIAL HIGHWAY SIGN REGULATIONS
All signs or advertisements to be erected within the municipal planning area boundary of the Town of
Gillams must be approved in accordance with these Regulations. Where provisions of the Town's
Development Regulations are inconsistent with the regulations respecting advertising signs on or near
public highways made or administered by provincial Departments under the Provincial Highway Sign
Regulations, the more restrictive regulations shall apply.
IV-66
PERMIT REQUIRED
Subject to the provisions of these Regulations, no advertisement shall be erected or displayed in the
Planning Area unless a permit for the advertisement is first obtained from the Authority.
IV-67
FORM OF APPLICATION
Application for a permit to erect or display an advertisement shall be made to the Authority.
IV-68
ADVERTISEMENTS PROHIBITED IN STREET RESERVATION
No advertisement shall be permitted to be erected or displayed within, on or over any highway or street
reservation.
IV-69
PERMIT VALID FOR LIMITED PERIOD
A permit granted under these Regulations for the erection or display of an advertisement shall be for a
limited period, not exceeding two years, but may be renewed at the discretion of the Authority for
similar periods.
IV-70
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, image, message, or
structural condition; or,
b) Detrimental to the amenities of the surrounding area.
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IV-71
ADVERTISEMENTS EXEMPT FROM CONTROL
The following advertisements may be erected or displayed in the Planning Area without application to
the Authority:
a) On a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 m2 in area
size;
b) On an agricultural holding or farm, a notice board not exceeding 1 m2 in area size 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 size and relating
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 one (1) m2 in
area size relating to the operation conducted on the land;
e) On a dwelling or within the yard of a dwelling, one nameplate not exceeding 0.2 m2 in area size
in connection with the practice of a professional person carried on in the premises;
f)
On any site occupied by a church, school, library, art gallery, museum, institution or cemetery,
one notice board not exceeding 1 m2 in area size;
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 three (3) metres, whichever is the lesser;
h) On any parking lot directional signs and one sign not exceeding one (1) m2 in size, identifying the
parking lot.
IV-72
APPROVAL SUBJECT TO CONDITIONS
A permit may only be issued for the erection or display of advertisements that comply with the
appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these
Regulations.
IV-73
NON-CONFORMING USES
Notwithstanding other provisions of these Regulations, a permit may be issued for the erection or
display of advertisements on a building or within the curtilage of a building or on a parcel of land, the
use of which is a non-conforming use, provided that the advertisement does not exceed the size and
type of advertisement which could be permitted if the development was in a Use Zone appropriate to its
use, and subject to any other conditions deemed appropriate by the Authority.
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PART V - SUBDIVISION OF LAND
V-74
PERMIT TO SUBDIVIDE 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.
V-75
SERVICES TO BE PROVIDED
No permit shall be issued for the development of subdivided land unless provisions satisfactory 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 system.
V-76
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, utilities and streets deemed
necessary for the proper development of the subdivision, and all service levies and other charges
imposed under these Regulations.
V-77
ISSUE OF PERMIT SUBJECT TO CONSIDERATIONS
A 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, municipal services, and utilities;
c)
The provisions of the Municipal Plan and Development Regulations affecting the site;
d) The land use, physical form and character of adjacent developments;
e) The transportation network and traffic densities affecting the site;
f)
The relationship of the project to existing or potential sources of nuisance;
g) Soil and subsoil characteristics;
h) The topography of the site and its drainage;
i)
Natural features such as lakes, streams, topsoil, trees and shrubs;
j)
Prevailing winds;
k) Visual quality;
I)
Community facilities;
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m) Energy conservation;
n) Such other matters as may affect the proposed development.
V-78
BUILDING PERMITS REQUIRED
Notwithstanding the approval to a subdivision by the Authority, a separate building permit shall be
obtained for each building or structure proposed to be erected in the area of the subdivision, and no
building permit for any building or structure 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.
V-79
FORM OF APPLICATION
(1). Application for a permit to develop a subdivision shall be made to the Authority in accordance
with Regulation 11-12.
(2). Where an application to develop 3 or more lots with the construction of new road(s), the
application must be accompanied by a Concept Plan, containing the following:
(a). A legal survey/ real property report of the land included within the subdivision
(b). A detailed description of the types and standards of development and services proposed for
the subdivision
(c). The layout of roads, lots, open spaces, and other pertinent features of the development
(d). The phasing of the development
(e). The estimated cost of the works in the development by phase as certified by a professional
engineer and verified the by the Town's Engineer/ consultant.
(3). Council may grant Approval-in-principle of the Concept Plan, and arrange for construction
guarantees before the proponent developer proceeds to prepare final layout and construction
drawings for consideration of the municipality and other relevant agencies in granting
development approval and permitting.
V-80
SUBDIVISION SUBJECT TO ZONING
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the
Zoning Maps.
V-81
BUILDING LINES
The Authority may establish building lines for any subdivision street and require any new building to be
located on such building lines.
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V-82
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 per cent of the gross
area of the subdivision for public open space, provided that:
(a) 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;
(b) 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;
(c) Money received by the Authority in accordance with Regulation V-82(1)(d) 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 by the Authority in accordance with Section 201.1 to 201.5 of the
Municipalities Act, 1999.
(3) The Authority may require a strip of land to be reserved and remain undeveloped along the
banks of any river, brook, or pond, or other watercourse, and this land may, at the discretion of
the Authority, constitute the requirement of land for public use under Regulation V-82(1).
(4) Before approving an application to subdivide land abutting or in the vicinity of a pond, Council
will consider the effect of the proposed subdivision on public access to the pond. If there is
concern that the development may impede public access to the pond, no permit will be issued
for the development unless provision has been made for a public right-of-way to the pond and
for the transfer of ownership of the right-of-way to the Town.
(5) Before approving an application to subdivide land abutting or in the vicinity of a trail system,
Council will consider the effect of the proposed subdivision on the connectivity of the trail
network. No permit will be issued for the development unless provision has been made for a
public right-of-way and for the transfer of ownership of the right-of-way to the Town.
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V-83
STRUCTURE IN STREET RESERVATION
The placing within any street reservation of any structure (for example, a hydro pole, telegraph or
telephone pole, fire hydrant, mail box, fire alarm, sign post} shall receive the prior approval of the
Authority that shall be satisfied on the question of safe construction and relationship to the adjoining
buildings and other structures within the street reservation.
V-84
SUBDIVISION DESIGN STANDARDS
No permit shall be issued for the development of subdivided land under these Regulations unless the
design of the subdivision conforms to the following standards:
(a} The finished grade of streets shall not exceed 10 per cent;
(b) Every cul-de-sac shall be provided with a turning circle of a diameter of not less than 30 metres;
(c) The maximum length of any cul-de-sac shall be:
i)
200 metres in areas served by or planned to be served by municipal piped water and
sewer services; and
ii) 300 metres 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 three (3) meters 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;
(f) New subdivisions shall have street connections with an existing street or streets;
(g) All street intersections shall be constructed within five (5) degrees of a right angle and this
alignment shall be maintained for at least 30 metres from the intersection;
(h) No street intersection shall be closer than 60 metres to any other street intersection;
(i) No more than four (4) streets shall join at any street intersection;
(j) No residential street block shall be longer than 490 metres between street intersections;
(k) Streets in residential subdivision shall be designed in accordance with the approval standards of
the Authority, but in the absence of such standards, shall confirm to the following minimum
standards:
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Street Design Standards
Street
Pavement
Sidewalk
Sidewalk
Type of Street
Reservation
Width
Width
Number
Arterial Streets
30m
15 m
l.Sm
Discretion of
Council
Collector Streets
20m
15 m
1.5m
2
Local Residential Streets
-where more than 50% of the units are
15 m
9m
1.5m
1
single or double dwellings
-where 50% or more of the units are row
20m
9m
l.Sm
2
houses or apartments
Service Streets
15 m
9m
1.5m
Discretion of
Council
(I) No lot intended for residential purposes shall have a depth exceeding four times the frontage;
(m) Residential lots shall not be permitted which abut a local street at both front and rear lot lines;
(n) The Authority may require any existing natural, historical or 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;
(p) Where there is potential for additional future development, a road reserve of 15 metres shall be
provided.
(q) Any proposed subdivision of land shall consider the interests and referral requirements for
provincial interests (see Schedule C, General Conditions - All Zones, Referrals and Conditions (2).
V-85
ENGINEER TO DESIGN WORKS AND CERTIFY CONSTRUCTION LAYOUT
(1) Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers and all
appurtenances thereto and all street, paving, curbs, gutters and catch basins and all other
utilities deemed necessary by the Authority to service the area proposed to be developed or
subdivided shall be designed and prepared by or approved by the Engineer. Such designs and
specifications shall, upon approval by the Authority, be incorporated in the plan of subdivision.
(2) Upon approval by the Authority of the proposed subdivision, the Engineer shall certify all work
of the construction layout prior to the construction of the works and thereupon the developer
shall proceed to the construction and installation, at his own cost and in accordance with the
approved designs and specifications and the construction layout certified by the Engineer, of all
such water mains, hydrants, sanitary sewers and all appurtenances and of all such streets and
other works deemed necessary by the Authority to service the said area.
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V-86
DEVELOPER TO PAY ENGINEER'S FEES AND CHARGES
The developer shall pay to the Authority all the Engineer's fees and charges for the preparation of
designs and specifications and for the layout and supervision of construction; such fees and charges
being percentages of the total cost of materials and labour for the construction and installation of all
works calculated in accordance with the Schedule of Fees recommended by the Professional Engineers
and Geoscientists of Newfoundland and Labrador and in effect at the time the work is carried out.
V-87
STREET WORKS MAY BE DEFERRED
The construction and installation of all curbs and gutters, catch basins, sidewalks and paving specified by
the Authority as being necessary, may, at the Authority's discretion, be deferred until a later stage of the
work on the development of the subdivision but the developer shall deposit with the Authority before
approval of her or 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.
V-88
TRANSFER OF STREETS AND INFRASTRUCTURE WORKS TO COUNCIL
(1) The developer shall, following the approval of the subdivision of land and upon request of the
Authority, shall transfer to the Authority, at no cost to the Authority, and clear of all liens and
encumbrances:
(a) All lands in the area proposed to be developed or subdivided which are approved and desig-
nated by the Authority for public uses as public streets or other public right-of-way, or for
other public use;
(b) All services or public works including streets, water supply and distribution, sanitary sewers,
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 her or his satisfaction with their installation.
Town of Gillams Development Regulations 2017 -2027
Page 34
(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.
V-89
RESTRICTION ON SALE OF LOTS
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until 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.
V-90
GROUPING OF BUILDINGS AND LANDSCAPING
(1) Each plan of subdivision shall make provision for the grouping of building types and for
landscaping in order to enhance the visual aspects of the completed development and to make
the most use of existing topography and vegetation.
(2) Building groupings, once approved by the Authority, shall not be changed without written
application to and subsequent approval of the Authority.
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PART VI - USE ZONES
Vl-91
USE ZONES
(1) For the purpose of these Regulations, the Planning Area is divided into Use Zones that are
shown on the Zoning Map attached to and forming part of these Regulations.
(2) Subject to Regulation Vl-91(3), the permitted use classes, discretionary use classes, standards,
requirements, and conditions applicable to each Use Zone are identified in the Use Zone Tables
in Schedule C of these Regulations.
{3) Where standards, requirements, and conditions applicable in a Use Zone are not set out in the
Use Zone Tables in Schedule C, the Authority may, in its discretion, determine the standards,
requirements, and conditions which shall apply.
Vl-92
USE CLASSES
The Authority in accordance with the classification and examples outlined in Schedule Bas identified in
the Use Zone Tables in Schedule C shall determine the specific uses included in each Use Class.
Vl-93
PERMITTED USES
Subject to these Regulations, the Authority in that Use Zone shall permit the uses that fall within the
Permitted Use Classes identified in the appropriate Use Zone Table in Schedule C.
Vl-94
DISCRETIONARY USES
Subject to these Regulations, the uses that fall within the Discretionary Use Classes identified in the
appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if the Authority is satisfied
that the development would not be contrary to the general intent and purpose of these Regulations, the
Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and to the public interest,
and if the Authority has given notice of the application in accordance with Regulation 11-18(3) and has
considered any objections or representations which may have been received on the matter. When
approving or rejecting an application for a discretionary use, the Authority shall state in writing the basis
for its decision and, as with other development decisions, shall notify the applicant of the right and
process to appeal as per II - 1-5 of these Regulations.
Vl-95
USES NOT PERMITTED
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes identify in the
appropriate Use Zone Tables in Schedule C shall not be permitted in that Use Zone.
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Town of Gillams Development Regulations 2017
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SCHEDULE A - DEFINITIONS
The defined words of Schedule A are primarily intended to assist in the interpretation of specific terms
utilized within these Development Regulations. Other words are defined to provide for reader clarity
and additional land use understanding of planning terms and concepts supported by the Town of
Gillams for managing future change within the community. In all instances, the definitions provided by
the Minister's Regulations or defined in the NL Urban and Rural Planning Act (2000) shall take precedent
over any defined terms provided by Schedule A.
A
ACCESS: means a way, intended for use by vehicles, pedestrians or animals in order to go from a road,
street, or highway to land adjacent to it.
ACCESSORY BUILDING: means a detached subordinate building not used for human habitation, located
on the same lot as the main building structure or use to which it is accessory, the use of which is
naturally or customarily incidental and complementary to the main use of the building, land or
structure, and shall include:
a) In the case of residential uses: domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for domestic pets,
or radio and television antennae;
b) In the case of commercial uses: workshops or garages;
c)
In the case of industrial uses: garages, offices, raised ramps, and docks.
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 activity.
ACT: unless the context indicates otherwise, means the Urban and Rural Planning Act, 2000.
ADJACENT: means a property or land use having a common boundary with another property or land
use; has similar meaning as adjoining.
ADVERTISEMENT: means any word, letter, model, sign, placard, board, notice, device or representation,
whether illuminated or not, in the nature of and employed wholly or in part for the purposes of
advertisement, announcement or direction; excluding such things employed wholly as a memorial, or
Town of Gillams Development Regulations 2017
Schedule A
Page A-l
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.
AGRICULTURE: means horticulture, fruit growing, seed growing, dairy farming, the breeding or rearing
of livestock, including any creature kept for the production of food, wool, skins, orfur, or for the
purpose of its use in the farming of land, the use of land as grazing land, meadow land, osier land,
market gardens and nursery grounds and the use of land for woodlands where that use is ancillary to
the farming of land for any other purpose, and "agricultural" shall be construed accordingly.
AMUSEMENT USE: means the use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pinball games and slot
machine arcades and billiard and pool halls.
ANIMAL HOSPITAL: means a place where animals or pets are given medical or surgical treatment and
the boarding of animals is limited to short-term care incidental to the hospital use.
ANIMAL UNIT: means any one of the following animals or groups of animals:
a) 1 bull
b) 1000 broiler chickens or roosters (1.8 - 2.3 kg each)
c)
1 cow (including calf)
d) 100 female mink (including associated males and kits)
e) 100 female rabbits (including associated males and litter)
f)
4 goats
g) X hogs (453.6 kg= 1 unit)
h) 1 horse (including foal)
i)
125 laying hens
j)
4 sheep (including lambs)
k)
1 sow or breed sow (including weaners and growers based on 453.6 kg= 1 unit)
I)
X turkeys, ducks, geese (2.268 kg= 1 unit)
m) 3 llama or alpaca including offspring until weaning
ANTENNA: means a tower structure for transmitting and receiving signals for television, radio, mobile,
cellular, telephone, digital, satellite and other telecommunications services to varied users. Such
apparatus are intended to be sited and located on civic use and other building rooftops, on utility poles,
and where appropriate as stand-alone facilities, and as approved by Industry Canada.
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Schedule A
Page A - 2
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APARTMENT BUILDING: means a building containing three (3) or more dwelling units, but does not
include a row dwelling.
APPEAL BOARD: means the appropriate Appeal Board established under the Act.
APPLICANT: means a person who has applied to an authority for an approval or permit to carry out a
development.
APPURTENANCES: refer to architectural features added to the main body of a building, including
awnings, canopies, balconies, turrets, spires, dormers and chimneys.
ARTERIAL STREET: means the streets in the Planning Area constituting the main traffic arteries of the
area and defined as arterial streets or highway in the Municipal Plan or the Zoning Map.
AUTO BODY SHOP: means a building or a clearly defined space on a lot used for the storage, repair and
servicing of motor vehicles including body repair and painting but does not include an automobile
service station or an automobile sales establishment.
AUTOMOTIVE SALES: means the use of a building or an open area for storage or display for sales
purposes of motor vehicles, and shall include recreational vehicles and trailer sales.
AUTHORITY: means a council, authorized administrator or regional authority.
B
BACK LOT: means a lot that does not abut a street line. Where the configuration of existing parcels of
land does not support traditional residential subdivision of land where each lot has a minimum frontage
to a street, the Council may consider a proposal to subdivide land and develop new lots through the
creation of backlots, where a separate driveway from the street, forming part of the lot, provides access
to a developable portion of the parcel located behind the conforming development fronting the road.
Backlots are subject to conditions outlined in the conditions to the Use Zone Table.
BED AND BREAKFAST means an owner-occupied establishment for paid temporary accommodation for
up to four guest rooms that includes a common dining room for the use of overnight guests and involves
Town of Gillams Development Regulations 2017
Schedule A
Page A-3
the serving of a daily breakfast and daily interaction between the owner/occupier and the overnight
guests.
BERM: means a mound of earth usually up to three metres (3 m) in height that is used to shield, screen
or buffer undesirable views and to separate incompatible land uses. Berms can be used to provide visual
interest and to decrease noise.
BOARDING HOUSE: means a dwelling in which at least 2 rooms are regularly rented to persons other
than the immediate family of the owner or tenant.
BOARDWALK: means an elevated public pedestrian walkway constructed over a public street or along a
hiking trail, oceanfront or beach.
BUFFER: means a neutral and preserved area of land that is generally undeveloped and is designed to
separate and save from harm different adjacent land uses; the buffer area may be required to be
enhanced with hard or soft landscaping improvements to provide for a more effective separation
between adjacent land uses.
BUILDING: means every structure, erection, excavation, alteration, or improvement whatsoever placed
on, over or under land, or attached, anchored or moored to land, and includes mobile structures,
vehicles and marine vessels adapted or constructed for residential, commercial, industrial and other like
uses, and any part of a building as so defined and any fixtures that form part of a building.
BUILDING 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,
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HEIGHT
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ii) deck line of a mansard roof, and
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iii) mean height level between the eave and the ridge of a
gable, hip or gambrel roof, and in any case, a building
height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof;
l
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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.
C
CAMPGROUND: means an area of land for the temporary accommodation of travel trailers, motorized
homes, tents and trailers used for travel, recreational and vacation purposes, but does not include a
mobile home park.
CARPORT: means a private garage consisting of a roof and roof supports, but generally without walls.
CEMETERY: means land used for interring of the dead.
CHURCH: means a building dedicated to religious worship and include a church hall, church auditorium,
Sunday School, parish hall, rectory, manse and day nursery operated by the church.
Town of Gillams Development Regulations 2017
Schedule A
Page A-S
CIVIC USE: means land or buildings used by Council, the Government of Newfoundland and Labrador, or
the Government of Canada, for a purpose not otherwise defined in these Regulations.
CLINIC: means a building used for medical, dental, surgical or therapeutic treatment of human patients
that does not include overnight facilities and does not include a professional office of a doctor in his or
her residence.
CLIMATE CHANGE: represents the effects of global warming related to accelerated sea-level rise and
changes in recent storm intensity and frequency.
COLLECTOR STREET: means a street that is designed to link local streets with arterial streets and which
is designated as a collector street in the Municipal Plan, or on the Zoning Map.
COMMERCIAL GARAGE: means a building or part of a building, other than a private garage, used for the
repair of equipment or self-propelled vehicles and/or trailers, or where such vehicles are kept for
remuneration, hire, or sale and may include the sale of gasoline or diesel oil.
CONSERVATION: means land that is maintained in its natural state and may be identified as an
environmentally sensitive area with characteristics such as steep slopes, wetlands, flood plains, high
water tables, forest areas, endangered species habitat, or areas of significant biological productivity or
uniqueness that have been designated for protection from any activity that would significantly alter
their ecological integrity, balance, or character.
CONVENIENCE STORE: means a building used as a retail store which is compatible with and serves the
primary needs of the adjacent residential neighbourhood, and includes the sale of magazines,
confectionary, and grocery items, a delicatessen or snack bar, provided that any eating facility is within a
wholly enclosed building.
CORNER LOT: means a lot situated at the intersection of two or more streets (as illustrated in the
sketch).
-... -. -
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Schedule A
Page A -6
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CHILDCARE, DAYCARE CENTRE or DAY NURSERY: means a building or part of a building in which services
and activities are regularly provided to children of pre-school age during the full daytime period as
defined under the Childcare Services Act, but does not include a school as defined by the Schools Act.
DEVELOPABLE AREA: means the area of a lot or property that may be built upon and developed,
excluding any required setbacks, and does not include any pond, lake, stream, wetland, bog, marsh,
environmentally sensitive lands. Developable area does not include areas of the property characterized
by unstable soils or geotechnical limitations, unless certified by an engineer.
DEVELOPMENT: means the carrying out of building, engineering, mining or other operations in, on, over
or under land, or the making of any material change in the use, or the intensity of use of any land,
buildings or premises and without limiting the generality of the foregoing, shall specifically include:
a) The making of an access onto a highway, road or way;
b) The making of an advertisement or sign;
c) The parking of a trailer, or vehicle of any description used for the sale of refreshments or
merchandise, or as an office, or for living accommodation, for any period of t ime.
And shall exclude:
d) The carrying out of works for the maintenance, improvement or other alteration of any building,
being works which affect only the interior of the building or which do not materially affect the
external appearance or use of the building;
e) The carrying out by a highway authority of 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 of works by any local authority or statutory undertakers of any works for the
purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables, or other
apparatus, including the breaking open of any street or other land for that purpose;
g) The use of a building or land within the curtilage of a dwelling house for a purpose incidental to
the enjoyment of the dwelling house as such
DEVELOPMENT PERMIT: means a permit issued by the Town that outlines the conditions for the use or
development of land.
DEVELOPMENT REGULATIONS: means these Regulations and regulations and by-laws respecting
development that have been enacted by the relevant authority.
Town of Glllams Development Regulations 2017
Schedule A
Page A -7
DEVELOPMENT SETBACK: means that portion
of a lot that is to be preserved as a natural
undisturbed area from an Environmentally
Sensitive Area or a water body within the
Conservations Use zone, as prescribed in
the Development Regulations in accordance
with the required building setback distance
intended for each type of land use for site
development, as illustrated.
DEVELOPMENT SCHEME: means a secondary or subordinate plan to the Municipal Plan which provides
more detailed planning in a portion of the municipal planning area. A development scheme is legally
adopted pursuant to the Urban and Rural Planning Act, 2000 and forms part of the Municipal Plan.
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.
DOUBLE DWELLING: means 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.
DRIVE-THROUGH USE: means the use of land, buildings, or structures, or parts thereof, to provide or
dispense products or services, either wholly or in part, through an attendant or a window or automated
machine, to persons remaining in motorized vehicles that are in a designated stacking lane. A drive-
through facility may be in combination with other uses such as, shop, restaurant, or take-out food, but
does not include a service station or a gas bar use.
DWELLING: means any house or building, or portion thereof, which is occupied in whole or in part, as
the home, residence or sleeping place of one or more human beings.
DWELLING UNIT: means a self-contained single unit that consists of one or more habitable rooms used
or designed as the living quarters for o ne household.
E
ENGINEER: means a professional engineer employed or retained by the Authority.
Town of Gillams Development Regulations 2017
Schedule A
Page A -B
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ESTABLISHED GRADE: means:
a) 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 entrenchments; or
b) 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.
F
FAMILY and GROUP CARE CENTRE: means a dwelling accommodating up to but not 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 Home", "Halfway House", and Foster Home".
FENCE: includes railing, wall, line of posts, wire, gate, boards or other similar substances used for the
purpose of privacy and protection to separate or divide any parcel of land or part thereof from any other
parcel of land or part thereof, immediately adjacent thereto or to establish a property boundary and
shall include hedges, shrubs and landscaping features which are used for these purposes.
FISHERY USES: Refers to traditional uses related to the fishing industry such as boat moorage, wharves,
docks, off loading facilities, boat repair, bait buildings, storage uses and similar supportive uses.
FLANKING YARD: means the side yard of a corner lot which side yard extends from the front yard the
rear yard between the flanking lot line and the nearest main wall of any main building or structure.
FLOOD PROOFING: means the structural and/or non-structural measures incorporated in the design of a
building or structure which reduce or eliminate the risk of flood damage by ensuring that the ground
floor elevation is higher than the projected flood level and that the building can be exited without
hindrance in the event of a flood.
FLOOR AREA: means the total area of all floors in a building, measured to the outside face of exterior
walls.
FORESTRY USE: means the use of land for the purpose of forest and woodland management, and
includes the felling, cutting, trimming, extraction therefrom or the reforestation thereof.
Town of Gillams Development Regulations 2017
Schedule A
Page A -9
FRONTAGE: means the horizontal distance between side lot lines measured at the building line.
FRONT YARD DEPTH: means
the distance between the front
lot line of a lot and the front
wall of the main building on the
lot.
FUNERAL HOME: means the use
of a building for the preparation
of human remains for interment
or disposal and may include a funeral home, a crematorium and/or a chapel to conduct commemorative
services.
G
GAS BAR: means an establishment comprising gasoline pumps, with or without a shelter for an
attendant, but does not include a facility for the repair of motor vehicles, a commercial garage, or a car
wash.
GARAGE: means a building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GARDEN SUITE: means a self-contained dwelling unit without a basement, located in the rear or side
yard of a lot containing a permanent, single dwelling. It is equipped with its own kitchen, living area, a
maximum of two bedrooms, bathroom and storage space. It does not have a subsidiary unit and is
detached from the primary dwelling on the lot. A garden suite may not be used as a commercial
residential property for rent or lease by the owner of the main dwelling unit on the lot to persons other
than a family member or guest of the owner of the residence.
GENERAL ASSEMBLY: means land or buildings used as gathering places for substantial numbers of
people and, without limiting the generality of the foregoing, includes auditoriums, convention centres,
public and private halls, gymnasiums, bowling alleys, and similar gathering places.
GENERAL GARAGE: means land or buildings used exclusively for repair, maintenance and storage of
motor vehicles and may include the sale of gasoline or diesel oil.
Town of Gillams Development Regulations 2017
Sch edule A
Page A - 10
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GENERAL INDUSTRY: means the use of land or buildings for the purpose of storing, assembling, altering,
repairing, manufacturing, fabricating, packing, canning, preparing, breaking up, demolishing, or treating
any article, commodity or substance. "Industry" shall be construed accordingly.
GROSS FLOOR AREA: means the total area of all floors in a building measured to the outside face of
exterior walls.
H
HAZARDOUS INDUSTRY: means the use of land or buildings for industrial purposes involving the use of
materials or processes which because of their inherent characteristics, constitute a special fire,
explosion, radiation or other hazard.
HIGH WATER MARK: The high water mark or level of a water body is taken to be the 1:100 year return
period water level. For a fresh water body, this level includes water levels caused strictly by storm runoff
or hydraulic effects of ice, or both.
HOBBY FARMING: means the pursuit of small-scale cultivation or production of plants and animals
especially for relaxation and is considered non-commercial as it is outside of one's regular occupation.
HOME OCCUPATION: means a secondary use of a dwelling unit by at least one of the residents of such
dwelling unit to conduct a gainful occupation or business activity.
HOME OFFICE: means a secondary use of a dwelling unit by at least one of the residents of such
dwelling unit to conduct a gainful occupation or business activity with such occupation or business
activity being restricted to office uses which do not involve visitation of clients to the site and
employment of non-residents.
HOTEL: means a building wherein paid temporary accommodation is provided for more than sixteen
(16) persons, which contains suites habitually let to transient persons, and which may contain one or
more kitchens, dining rooms, lounges, and other public rooms, and this definition also includes a hostel
for men and women.
Town of Gillams Development Regulations 2017
Sc hed u l e A
Page A -ll
IMPERVIOUS SURFACE: Refers to any hard surfaced, man-made area that does not readily absorb or
retain water, including but not limited to roofs, parking and driveway areas, asphalt, cement or any
other hard and difficult to penetrate surface.
INFILL DEVELOPMENT: means economically efficient development or redevelopment of land occurring
following completion of the initial development of the area, and where such development typically
occurs on lands located within existing infrastructure serviced and built up areas.
INFRASTRUCTURE: For the purpose of these Development Regulations, refers to municipal and public
infrastructure services of roads, sanitary sewer, municipal water and storm water drainage works,
pumping and booster stations, pressure reducing facilities, solid waste treatment and similar municipal
and other provincial works and services.
INSPECTOR: means any person appointed and engaged as an Inspector by the Authority or by any
federal or provincial authority or the agent thereof.
INSTITUTION: means a building or part thereof occupied or used by persons who:
a) Are involuntarily detained, or detained for penal or correctional services, or whose liberty is
restricted; or
b) Require special care or treatment because of age, mental or physical limitations or medical
condition.
K
KENNEL: means a building or premise where domestic household animals and birds are boarded for
breeding or otherwise.
L
LAKE: means a body of water similar to a pond where, for the purposes of these Development
Regulations, are shown on 1:50,000 scale mapping and are included on the Future Land Use Map or the
Land Use Zoning Map.
LAND: Includes land covered and not covered by water, and buildings and structures on, over, or under
the soil and fixtures that form part of these buildings and structures.
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Sched u le A
Page A - 12
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LANDSCAPING: means any combination of trees, shrubs, flowers, grass or other horticultural elements,
decorative stonework, paving, screening or other architectural elements, all of which is designed to
enhance the visual amenity of a property or two provide a screen between properties in order to
mitigate objectionable features between them.
LAND USE ZONE: means an area of the Town, identified on the Zoning Map, which defines the type of
uses that may be carried out and the conditions that apply to development in that zone.
LIGHT INDUSTRY: means the use of any land or buildings for any general industrial use that can be
carried out without hazard or intrusion and without detriment to the amenity of the surrounding area
by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
LIVESTOCK STRUCTURE: means a building or part of a building that is used for dairy farming, the
breeding, rearing, and sheltering of livestock, including any creature kept for the production of food,
wool, skins, or fur.
LOCAL STREET: means a street designed primarily to provide access to adjoining land and which is not
designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map.
LODGING HOUSE: means a dwelling in which at least 2 rooms are regularly rented to persons other than
the immediate family of the owner or tenant.
LOT: means any plot, tract or parcel of land that can be considered as a unit of land for a particular use
or building. (See also Definitions for "Back Lot").
LOT AREA: means the total horizontal area within the lot lines of the lot.
LOT COVERAGE: means the combined area of all buildings on the lot measured at the level of the lowest
floor above the established grade and expressed as a percentage of the total area of the lot.
LOT GRADING: refers to an information requirement of all land development proposals that identifies
the proposed extent of cut and fill of native soil on the property, and the extent excavation proposed for
a development site, and is to include elevation contours of both the initial property grades and the
proposed post construction grades of the property and how the grade changes to the property interface
with adjacent lands and drainage patterns that result.
Town of Gillams Development Regulations 2017
Sched u le A
Page A -l3
LOT LINE: means any line defining the boundaries of a lot or dividing a lot.
LOUNGE: means a room or area adjoining a restaurant set aside for the sale of alcohol for consumption
on the premises, with or without food and where no area has been set aside for live dancing or
entertainment, either in the lounge or adjoining restaurant.
M
MARINA: means a public or private facility operated as a commercial recreational use, used for the
docking, mooring and storage of boats, ships and any other marine craft and their accessory equipment.
MARINE STRUCTURE: means a wharf or onshore structure or facility located in the vicinity of coastal
waters for a purpose related to marine transportation or services.
MINERAL EXPLORATION: means the search for naturally occurring mineral deposits. "Mineral
Exploration (non-development)" includes prospecting, ground geophysical surveys, and geochemical
sampling surveys, whereas "Mineral Exploration (development)" includes such activities as trenching
and diamond drilling.
MINERAL WORKING: means land or buildings used for the working or extraction of construction
aggregates or any naturally occurring substance; carries the same meaning as "Pit and Quarrying".
MINING: Refers to land or buildings used for the extraction of ores, salts, oil and/or natural gas, or any
naturally occurring mineral or substance.
MOBILE HOME: is not permitted as a residential dwelling within these Development Regulations.
Mobile Home means a transportable factory-built single-family dwelling unit:
a)
Which complies with space standards substantially equal to those laid down in the Canadian
Code for Residential Construction and is in accordance with the construction standards laid
down and all other applicable Provincial and Municipal Codes; and
b) Which is designed to be:
i.
Transported on its own wheels and chassis to a mobile home lot, and subsequently
supported on its own wheels, jacks, posts or piers or on a permanent foundation; and,
ii.
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.
Town of Gillams Development Regulations 2017
Schedule A
Page A - 14
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MOBILE HOME SUBDIVISION: means a mobile home development requiring the subdivision of land
whether a single 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.
MODULAR HOME: means a prefabricated building or house that consists of repeated sections called
modules. "Modular" is a construction method that involves constructing sections away from the building
site, then delivering them to the intended site. Installation of the prefabricated sections is completed on
site. Prefabricated sections are sometimes placed using a crane. The modules can be placed side-by-
side, end-to-end, or stacked, allowing a variety of configurations and styles. A modular home is not a
mobile home or a mini-home.
MUNCIPALITY: Refers to the local government authority and also refers to the Town.
MUNICIPAL PLAN: means the Gillams Municipal Plan as approved by Council pursuant to the Act.
N
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.
0
OPEN SPACE: means land set aside to protect and conserve natural areas. Open space may include
woodlands, fields, walking trails, and passive recreational facilities, but shall not include structures such
as buildings, tennis courts, parking lots, or other impervious land uses.
OUTDOOR ASSEMBLY USE: means land or buildings used as a gathering place for substantial numbers of
people, and includes bleachers, grand stands, outdoor ice rinks and swimming pools, amusement parks
and fair grounds, exhibition grounds, drive-in theatres, and similar gathering places.
OUTDOOR STORAGE: means the storage of merchandise, goods, inventory, materials or equipment or
other items which are not intended for immediate sale, by locating them outside.
Town of Gillams Development Regulations 2017
Sche dule A
Pa g e
A - 15
OWNER: means a person or an organization of persons owning or having the legal right to use the land
under consideration.
p
PARKING AREA: means the use of land or a public or private area, under or outside of a building or
structure, designed and used for parking motor vehicles including parking lots, garages, private
driveways, and legally designated areas of public streets.
PERMITTED USE: means a use that is listed within the permitted use classes set out in the Use Zone
Schedules of these Regulations.
PERSONAL CARE USE: means use of a building or facility designed or converted for the accommodation
and care of elderly persons and/or persons with specials needs.
PERSONAL SERVICE: means a building or part of a building primarily engaged in providing services
involving the care of a person or his or her personal goods or apparel and includes, but is not limited to,
barbershops, hairdressing salons, beauty parlours, small appliance repair, or spas.
PIT AND QUARRY WORKING: Carries the same meaning as "Mineral Working''.
PLACE OF WORSHIP: means a church, synagogue, temple, mosque, or other facility that is used for
formal religious services or prayer by persons of similar belief, and can include an accessory dwelling
unit.
PLANNING AREA: means that provincially designated land area of Gillams that has been identified for
land use management policies of the Municipal Plan and Development Regulations, and which
corresponds to the Gillams municipal boundaries.
PRINCIPAL BUILDING: means a building in which is conducted the principal use of the lot on which it is
located.
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.
Town of Gillams Development Regulations 2017
Schedule A
Page A - 16
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PUBLIC USE: means any lands, structure or building which is constructed for use by the general public,
including but not limited to parks, playgrounds, trails, paths and other recreational and open spaces,
scenic and historic sites, publicly funded buildings such as schools, hospitals, libraries and other public
buildings and structures.
g
QUONSET HUT: means a lightweight prefabricated structure of corrugated steel having a semicircular
cross section.
R
REAR YARD DEPTH: means the distance located between the rear lot line and the rear wall of the main
building on the lot.
RECREATIONAL USE: means the use of land for parks, playgrounds, tennis courts, athletic fields, golf
courses, picnic areas, swimming pools, day camps, walking or hiking trails, and similar uses.
RECYCLING DEPOT: means premises on which recoverable materials such as newspaper, glassware, and
metal cans are separated prior to shipment but does not include any processing of the materials or a
salvage yard.
REGISTRATION: means the date upon which the notice of registration of the adoption of these
Regulations or amendments thereof is published in the Newfoundland and Labrador Gazette, at which
time the Regulations or amendments thereof come into effect.
RESTAURANT: means a building or part thereof, designed or intended to be used or occupied for the
purpose of serving the general public with meals or refreshments for consumption on the premises.
RETAIL WAREHOUSE: means a warehouse as defined by these Regulations in which the retail sale of
commodities to the public is permitted.
ROW DWELLING: means three or more dwelling units at ground level in one building, each unit
separated vertically from the others.
Town of Gillams Development Regulations 2017
Schedule A
P a g e
A - 17
(t)
"street" means a street, road, highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency
vehicles;
(u)
"street line" means the edge of a street reservation as defined by the authority having
jurisdiction;
s
SCRAP/SALVAGE YARD: means an area of land used for the storage, handling or processing of and sale
of scrap material and without limiting the generality of the foregoing, may include waste paper, rags,
bones, used bicycles, vehicles, tires, metals or other scrap material or salvage, but shall not include a
hazardous
waste material storage or disposal site.
SEASONAL DWELLING: means a dwelling that is designed or intended for seasonal recreational use, and
is not intended for use as permanent living quarters.
SEMI-DETACHED DWELLING: means a dwelling containing one unit and separated vertically from
another adjoining unit by a common wall. Each unit may be situated on its own lot.
SERVICE LEVY: means a charge imposed by Council on real property, when the real property is made
capable of being developed, or the density of such development is increased, by a public work, on or off
the real property, of the Council designed to develop municipal services or expand the capacity thereof,
or where the value of any real property is enhanced by an action of Council.
SERVICE STATION: means any land or building used exclusively for the sale of petroleum products,
automotive parts and accessories, minor repairs, washing and polishing of motor vehicles.
SERVICE STREET: means a street constructed parallel to or close to another street for the purpose of
limiting direct access to that street.
Town of Gillams Development Regulations 2017
Schedule A
Page A - 18
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SETBACK: means the horizontal
minimum separation distance between
a building or structure on a lot and a
front, rear or side lot line, as illustrated
by the following sketch, or also
meaning the separation distance that
is to be maintained for development
from the top of bank of an
environmentally sensitive area or
water body.
SCHOOL: means a public or private school (elementary, junior high, or high school), technical school,
vocational school, college, or university, or any other school established and maintained by a religious
denomination or by a non-profit organization.
SCREENING: means the method by which a view of one site from another adjacent site is shielded,
concealed or hidden.
SHOP: means a building or part thereof used for retail trade wherein the primary purpose is the selling
or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of retail
services but does not include an establishment wherein the primary purpose is the serving of meals or
refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE: means a group of shops and complementary commercial uses with integrated
parking lot and which is planned, developed and designed as a unit containing a minimum of 5 retail
establishments.
SHOWROOM: means a building or part of a building in which samples or goods are displayed and in
which orders may be taken for goods, wares or merchandise, including motor vehicles and equipment,
for later delivery.
SIDE YARD DEPTH: means the distance between a side lot line and the nearest sidewall of any building
on the lot.
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SIGN: means a word, letter, model, placard, board, device or representation, whether illuminated or
not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement or
direction and excludes those things employed wholly as a memorial, advertisements of local
government, utilities and boarding or similar structures used for the display of advertisements.
SINGLE DETACHED DWELLING: means a dwelling containing one main dwelling unit that is not attached
to another dwelling.
STREET: means a street, road or highway or any other way designed or intended for public use for the
passage of vehicles and pedestrians, owned by the Authority or other public agency and maintained at
public expense, and is accessible to Fire Department vehicles and equipment.
STREET LINE: means the edge of a street, road or highway reservation as defined by the Authority
having jurisdiction.
STREET RIGHT-OF-WAY means a strip of land acquired by reservation, dedication or forced dedication
intended to be occupied or occupied by a public street, road or highway.
STRUCTURE: means anything that is erected, built or constructed of parts joined together or any such
erection fixed to or supported by the soil or by any other structure, including buildings, walls, signs and
fences.
SUBDIVISION: means the dividing of any land, whether in single or joint ownership, into two (2) or more
smaller pieces of land for the purpose of development .
SUBDIVISION PLAN: means a plan that clearly outlines all details that are required to develop a parcel of
land into a subdivision with individual properties.
SUBSIDIARY APARTMENT (and Granny Flat): means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
SWIMMING POOL (RESIDENTIAL}: means any in-ground or above-ground structure that is located in a
rear yard of a residential lot capable of containing water with a minimum depth of 61cm, including
swimming pools, non-portable wading pools, and landscape water features, but excludes hot tubs and
existing natural bodies of water or streams.
Town of Gillams Development Regulations 2017
Sche dule A
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TAKE-OUT FOOD SERVICE: means 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 provided.
TEMPORARY STRUCTURE: means a structure without any foundation or footings and that are removed
when the designated time period, activity, or use for which the temporary structure was erected has
ceased.
u
USE: means a building or activity situated on a lot or a development permitted on a lot;
USE ZONE or ZONE: means an area of land including buildings and water designated on the Zoning Map
to which the uses, standards and conditions of a particular Use Zone Table in Schedule C of the
Regulations relate.
UTILITIES: refers to electrical transmission and distribution lines, fibre optic transmission and similar
utility corridor transmission services.
UTILITY EASEMENT: for the purpose of these Development Regulations, refers to a right of way legal
instrument over land that allows the development and passage of all applicable utilities and municipal
services and infrastructure.
V
VARIANCE: means a departure, to a maximum of ten percent {10%), from the yard, area, lot coverage,
setback, size, height, frontage, or any other numeric requirement of the applicable Use Zone Schedule of
these Regulations.
Town of Gillams Development Regulations 2017
Schedule A
Page A - 21
w
WAREHOUSE: means a type of light industrial use contained within a building or part of a building which
is used for the housing, storage, display, adapting for sale, packaging or wholesale distribution of goods,
wares, merchandise, foodstuffs, substances, articles or things.
WATERSHED: means the area of land drained by a given stream, river or lake.
WETLAND: means land that is seasonally or permanently covered by shallow water, as well as land
where the water table is close to or at the surface. In either case, the presence of abundant water has
caused the formation of hydric soils and has favoured the dominance of either hydrophytic or water
tolerant plants. Wetlands may include swamps, marshes, bogs, fens, and other similar areas.
WHEELCHAIR RAMP: means a ramp to gain entry to a structure or dwelling for use by persons with
ambulatory disabilities.
: means any open, uncovered, unoccupied space appurtenant to a building.
YARD, REAR: means the distance between the rear lot
line and the rear wall of the main building on a lot.
YARD, SIDE: means the distance between the side lot
line and the nearest sidewall of a building on the lot.
YARD, FRONT: means the distance between the front
lot line of a lot and the front wall of the main building
on the lot.
'·,
A
B - H,·,11 li111/
C
Suh- Hire/
D - f/1111k111.,1 l't11tl
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11111/tlnhll Arrn
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Al111ctlt1<1 lit,tl
..,. ......
·,_
'·
YARD, FLANKING: means the side yard of a corner lot which side yard extends from the front yard to the
rear yard between the flanking lot line and the nearest main wall of any main building or structure
YARD, ABUTTING: means the yard of an abutting lot which shares a lot line of subject property.
z
ZONING MAP: means the map(s) that are attached to and form part of the Regulations.
Town of Gillams Development Regulations 2017
S c h ed ul e
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SCHEDULE B:
CLASSIFICATION OF USES OF LAND
AND BUILDINGS
NOTE: The classification of uses set out in t he following table is based on the Classification of Typical
Occupancies included as Table 3.1.2.A of the National Building Code of Canada.
GROUP
DIVISION
CLASS
EXAMPLES
---
A.ASSEMBLY
1. Assembly Uses for the
(a) Theatre
Movie Theat res
USES
production and viewing of
Concert Hall
the per-for-ming arts
2. General Assembly Uses
(a) Cultural and Civic
Libraries
Museums
Art Galleries
Court Rooms
Meeting Rooms
Municipal Government Offices & Buildings
(b) General
Community Halls
Assembly
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
Temples
(e) Passenger
Passenger Terminals
Assembly
(f) Club and Lodge
Private Clubs and Lodges (non-residential)
(g) Catering
Restaurants
Bars
Lounges
(h) Funeral Home
Funeral Homes, Crematoria, and Chapels
(i) Child Care
Day care Centres
U) Amusement
Electronic Games Arcades
Pinball Parlours
Poolrooms
(k) Protection
Police and fire stations (with detention
quarters)
3. Arena-type Uses
(a) Indoor Assembly
Arenas
Multisports centres
Armories
Ice Rink
--
Town of Gillams Development Regulations 2017-27
-
RAC T
GROUP
DIVISION
CLASS
4. Open-air Assembly Uses
(a) Outdoor
Assembly
A. ASSEMBLY
USES
(continued)
B.
1. Penal and Correctional
(a) Penal and
INSTITUTIONAL
Institutional Uses
Correctional
USES
Detention
2. Special Care Institutional
(a) Medical
Uses
Treatment and
Special Care
C. RESIDENTIAL
1. Residential Dwelling
(a) Single Dwelling
USES
Uses
(b) Double Dwelling
(c) Row Dwelling
(d) Apartment
Building
2. General Residential
(a) Collective
Uses
Residential
(b) Boarding House
Residential
---
(c) Commercial
Residential
l
Town of Gillams Development Regulations 2017-27
EXAMPLES
Indoor Swimming Pools -----
Bleachers
Grandstands
Outdoor Ice Rinks
Outdoor Swimming Pools
Amusement Parks
Fairgrounds
Exhibition Grounds
Drive-In Theatres
Camping grounds
R. V. Campgrounds
Jails
Penitentiaries
Police Station (with detention quarters)
Prisons
Psychiatric Hospitals (with detention
quarters)
Reformatories
Children's Homes
Convalescent Homes
Homes for Aged
Seniors Care Facilities
Nursing homes
Hospitals
Infirmaries
Orphanages
Psychiatric Hospitals
Sanatoria
Single Detached Dwellings
Family and Group Homes
Semi-detached Dwellings
Duplex Dwellings
Family and Group Homes
Row Houses
Town Houses
Family and Group Homes
Apartments/ Condominiums
Family and Group Homes
Residential Colleges and Schools
University and College Halls of Residence
Convents and Monasteries
Nurses and Hospital Residences
Boarding Houses
Lodging Houses
Hotels & Motels
Hostels
Tourist Cottages
Bed & Breakfast
Residential Clubs
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GROUP
DIVISION
CLASS
EXAMPLES
(d) Seasonal
Summer Homes and Cabins
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Residential
Hunting and Fishing Cabins
(e) Mobile Homes
Mobile Homes, Mini Homes
D. BUSINESS &
1. Business, Professional,
(a) Office
Offices (including business &
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PERSONAL
and Personal Service Uses
Government Offices)
SERVICE USES
Banks
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(b) Medical &
'Medical Offices & Consulting Rooms
Professional
Nursing Clinic
Dental Offices & Surgeries
Legal Offices
Similar Professional Offices
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(c) Personal Service
Barbers
Hairdressers
Beauty Parlours
Small Appliance Repairs
Health spa
Fitness gym
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Tailor
(d) General Service
Self-Service Laundries
Dry Cleaners (not using flammable or
explosive substances)
I Small Tool and Appliance Rentals
Travel Agents
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(e) Communications
Radio Stations
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ephone Exchanges
(f) Police Station
Police Stations (without detention quarters)
l (g) Taxi Stand
Taxi Stands
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(h) Take-Out Food
Take-out Food Service
Service
(i) Veterinary
Veterinary Clinics/ Surgeries
E. MERCANTILE
1. Retail Sale and Display
(a) Shopping Centre
Shopping Centres
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USES
Uses
(b) Shop
Retail Shops, Stores, Showrooms
Department Stores
(c) Indoor Market
Market Halls
Auction Halls
(d) Outdoor Market
Market Grounds
Animal Markets
Produce & Fruit Stands
Fish Stalls
Sale of Firewood
Sale of local crafts
(e) Convenience
Confectionary Stores
Store
Corner Stores
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Gift Shops
----
Specialty Shops
-----<
F.
t
1. Industrial Uses involving [ (a) Hazardous
Bulk Storage of hazardous
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INDUSTRIAL
Highly Combustible and
Industry
liquids & substances
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<a-
Town of Gillams Development Regulations 2017-27
RACT
r-:OUP
l
USES
G.
NON-
BUILDING
USES
DIVISION
Hazardous Substances and
Processes
2. General Industrial Uses
involving Limited Haz-
ardous Substances and
Processes
r
3. Light, Non-hazardous or
Non-Intrusive Industrial
Uses
1. Uses not Directly
Related to Building
Town of Gillams Development Regulations 2017-27
CLASS
Chemical Plants
Distilleries
Feed Mills
EXAMPLES
Lacquer, Mattress, Paint, Varnish,
and Rubber Factories
Spray Painting
(a) General Industry
Factories
(b) Service
Station
(a) Light
Industry
(a) Agriculture
( b) Forestry
Cold Storage Plants
Freight Depots
General Garages
Warehouses
Workshops
Laboratories
Laundries
Sawmills and Planing mills
Printing Plants
Contractors' Yards
Heavy Equipment storage
General Industry outdoor storage
Gasoline Service Stations
Gas Bars
light Industry
Parking Garages
Indoor Storage
Warehouses
Workshops
Auto body
Commercial Farms
Hobby Farms
Commercial Market Gardens & Nurseries
Tree Nurseries
Silviculture
(c) Mineral
Prospecting
Exploration
(d) Mineral Working
Pits and Quarries
(e) Recreational
Open Space
(f) Conservation
Mines
Oil Wells
Playing Fields
Sports Grounds
Parks
Playgrounds
Trails
Picnic areas
Interpretative Signag~e-----------1
Watersheds
Buffer Strips
Flood Plains
Steep Slopes
Wildlife Sanctuaries
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GROUP
DIVISION
Town of Gillams Development Regulations 2017-27
CLASS
EXAMPLES
Architectural, Historical and Scenic Sites
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Wetlands
----+----
(g) Cemetery
----
(h) Scrap Yard
(i) Solid Waste
(j) Animal
(k) Antenna
Cemeteries
Graveyards
' Car Wrecking Yards
Junk Yards
Scrap Dealers
Solid Waste Disposal
Sanitary Land Fill
Incinerators
Animal Pounds
Kennels
Zoos
Pet Grooming
TV, Radio and Telecommunications
Transmitting and Receiving Masts and
Towers
Antenna
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(I) Transportation
' Airfields
Railway Yards
Marine facilities
Docks and Harbours
TmfFisheries
Wharves
(n) Utilities
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Boat Moorage
Boat Repair
Off Loading Facilities
Bait Buildings
Fuelling Depot
Storage
Other Marine
Wind Mills, Wind Turbines, Wind Farms, and
related facilities
SCHEDULE C - USE ZONES
Schedule C of these Development Regulations contains tables showing the use classes which may be
permitted or which may be treated as discretionary use classes for the purpose of these Regulations.
The tables also indicate the required standards of development and may also include conditions
affecting some or all of the use classes.
This aspect of the Development Regulations needs to be read in unison with the Town's Zoning Map
that applies varied zone designations to property throughout the community.
The schedule contains tables for the following Use Zones:
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Res;denUal
Zone Title
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neSymbo'7
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RES
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Mixed Development
MD
Comprehensive Development Area
CDA
Rural
RU
Conservation/Open Space
CON
All Use Zone Tables are to be read in conjunction with the General Conditions of this Schedule.
GENERAL CONDITIONS - ALL ZONES
REFERRALS AND CONDITIONS FOR PERMITS
(1). Municipal consideration
The Town of Gillams issues no permit unless the development is deemed to be compliant with
the Municipal Plan and Development Regulations, and basic conditions must be met, including
but not limited to:
(a} The conditions for the zone and other parts of the Development Regulations are satisfied;
(b) In the case of a discretionary use, the application has been duly advertised and approved by
the Authority - the use may be allowed, but all other conditions must also be satisfied; and,
(c} The development of land shall consider future access and development of adjacent lands
and shall not inhibit or prejudice the opportunity for future development.
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(2). Approvals by Provincial and Federal Government Agencies and Departments - Referrals
Where applicable, relevant Provincial and Federal requirements must be satisfied to enable a
development. Before the Town of Gillams for any of the foregoing developments issues a
permit, approvals must be obtained from the various agencies and noted below. Note that this
listing may not be entirely comprehensive, and so it does not remove the obligation of the
applicant to ensure that all relevant approvals have been obtained.
(a) General - For any given development, it may be necessary to make referrals to and
obtain approvals from the following departments and agencies:
i.
The Government Service Centre (Service NL) for any development requiring
private waste disposal systems;
ii.
The Department of Municipal Affairs and Environment- Environmental
Assessment Division for activities deemed to have environmental impacts
and/or Water Resources Division for issues concerning water bodies,
watercourses, or groundwater;
iii.
The Department of Transportation and Works - for any development within the
right-of-way of the TCH, Route 201, and Route 201-10 (see (f) Highways -
iv.
V.
Development near Highways);
The Department of Municipal Affairs and Environment, Department of Fisheries
and Oceans Canada - Coast Guard and Fish Habitat Divisions (navigable waters
and fish habitat) - for development in certain waterways and within the buffer
areas of certain waterways;
The Provincial Archaeology Office - for archaeological sites or resources, or any
human burial remains.
(b) Advertisements - see "Highways - Development Near Highways"
(c) Agriculture and Farming-Approvals must be obtained from the Agrifoods Agency
(division of Department of Fisheries and Lands) for any farming operation.
Except for infill development, any residential development within 600 metres of
structure containing more than five (S) animal units, as defined in these Regulations,
must be referred to the Lands Management Division of the Department of Fisheries and
Lands.
2
Any livestock structure (barn) containing five (5) or more animal units must be located at
least 600 metres from a non-farm dwelling, unless otherwise determined after referral
to, and upon recommendation of the Lands Management Division of the Department.
(d) Crown Lands -Approval must be obtained for the use of Crown Lands from the Crown
Lands Division, Department of Fisheries and Lands, and from the Government Service
Centre (Service NL}.
(e) Forestry - Approvals for woodcutting or other forestry related activities must be
obtained from the provincial Forestry Service. The Forestry Management Unit must
approve any non-forestry activity in an area identified as productive forest.
(f} Highways -Access approval required for development along provincial highways - The
Department of Transportation and Works must provide prior approval for access for any
application for new access or upgrading of existing accesses along provincial highway-
Route 440 through Gillams as per the "Policy for Access Management".
Offsite Promotional Signs falling within designated control lines of any highway must be
referred to an approved or exempted by Service NL. Note that, in the case of conflict,
nothing in these Regulations shall override Provincial highway signage regulations.
(g} Hydro
i.
No development permit shall be considered for any land located within the rights-
of-way of the distribution lines of NL Hydro.
ii. No developments, including fences, shall be permitted to interfere with NL Hydro
right-of-ways.
(h} Government Service Centre requirements for minimum Residential lot sizes:
Subject to the requirements of the Government Service Centre, the area of land
required per dwelling unit shall be determined, in accordance with the water and sewer
services available as follows:
Minimum Servicing Requirements
Lot Area
With a municipal piped water supply and connection to a municipal
470m2
sewer
With a municipal piped water supply, and sewage disposal by septic tank
1400 m2
and tile field
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With a well water supply and connection to a municipal sewer
1400 m2
With a well water supply and sewage disposal by septic tank and tile field
1860 m2
(i) Mining, Mineral Workings, Mineral Exploration -Approvals and permits must be
obtained from the Mines Branch, Mineral Lands Division of the Department of Natural
Resources. To undertake Mineral Exploration, a proponent must seek "exploration
approval". For Mineral Workings, Quarry permits or leases may be subject to conditions
and requirements, such as rehabilitation/ reclamation plans, and financial guarantees.
Mineral Exploration can involve varying degrees of intensity and are differentiated as
'development' versus 'non-development' land use activities. Mineral Exploration (non-
development) -which includes uses such as prospecting, assessments, or surveys, which
would not normally be captured in the definition of 'development' - shall be permitted
anywhere in the municipal planning area. See related definitions and regulations.
(j) Signs - Offsite Promotional Signs in selected corridors must meet all provincial
approvals, including Government Service Centre approval as per the Highway Sign
Regulations, as well as meeting the approval of the municipal authority.
(k) The Water Resources Management Division of the Department of Municipal Affairs
and Environment must approve watersheds - Development, within areas subject to
the Water Resource Act, including trails and similar activities.
(I) Waterways - Development in Waterways and in Waterways Reservations or Buffers:
i.
Any development within a body of water or involving the alteration of a body of
water, or within 15 metres of a body of water or its high water mark, must be
referred to the following agencies for approval or exemption:
Crown Lands Administration Division of the Department of Fisheries and Lands
for Crown Lands and referrals;
Coast Guard Canada, Transport Canada, Department of Transportation -
Navigation Waters Act;
Habitat Management Division of the Department of Fisheries and Oceans;
Water Resources Management Division of the Department of Municipal Affairs
and Environment.
4
ZONE TITLE:
RESIDENTIAL (RES)
RES USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation Vl-93, and Zone Table Conditions below)
Single Dwelling (with subsidiary apartment which includes granny flat), Double Dwelling, Modular Home, Forestry,
Conservation, and Recreational Open Space
(see Schedules A and B for definitions and examples af above Classes)
Discretionary Use Classes
(see Regulation Vl-94, Regulation 11-18(3), and Zone Table Conditions below)
Garden Suite, Row dwelling, Apartment Building, Commercial residential (includes tourist home, and bed &
breakfast), Home based business (Office; Medical, Professional, and Personal Service; Home Child Care), Child
Care, Communications, Medical Treatment and Special Care Class (such as Children's Homes, Homes for Aged,
Seniors Care), Shop, Convenience Store, Place of Worship, Educational, Agriculture (home garden), energy
infrastructure, Transportation, Fisheries, and Utilities.
(see Schedules A and 8 for definitions and examples of above Classes)
Also refer to Town of Gil/ams Municipal Plan, 2017-2027 Section 4.1: General Land Use Policies; and
Section 4.2.1: Residential Land Use Policies.
CONDITIONS FOR THE RESIDENTIAL ZONE
1.
Development Standards*
Development Standard
Single
Double
Row
Apartment Building
Required
Dwelling
Dwelling
Dwelling
1 bedroom
2 bedroom
3 bedroom
4 bedroom
apt unit
apt unit
apt unit
apt unit
Lot Area min. (s.m.)
*
470*
350*
200*
250*
280*
280*
*depends on servicing
(ave)
Floor area min. (s.m.)
80
80
65
40
so
60
70
Frontage on street min
15
26
12
3
36
36
36
(m)
Building setback min
6
6
8
8
8
8
8
(m)
Side yard setback min
1
1
1
5
5
5
5
(m)
Rear yard depth min
14
14
14
14
14
14
14
(m)
Lot coverage (%)
33
33
33
33
33
33
33
Building height max (m)
10
10
10
10
10
10
10
* Minimum lot requirement s m ay vary, depending on level of servicing for piped water and/ or sewer.
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For non-services residential lots, refer to Service NL, Government of Newfoundland and Labrador for
GSC lot size requirements and provincial government permits/approvals.
2.
3.
Subsidiary Apartments & Granny Flats
a.
Only one subsidiary apartment or one granny flat/apartment may be permitted in a single
dwelling.
b. For the purpose of calculating lot area and yard requirements, the subsidiary apartment/
granny flat shall be considered part of the single dwelling.
c.
One additional off-street parking space shall be required for a dwelling with a subsidiary
apartment.
d. The minimum floor area required is 40 m2 for a one bedroom subsidiary apartment, plus ten
square metres for each additional bedroom.
e.
For lots without municipal water and sewer services, the Government Service Centre shall
determine water and sewerage disposal requirements and a permit will be issued subject to
its approval.
Garden Suite
Council may consider as a discretionary use ancillary to an existing single-family residential
dwelling for the sole occupancy of not more than two senior adults who are related to the
owner-occupier of the principle residence, subject to the following:
a. Garden suites are not permitted on double dwelling lots;
b. Only one (1) garden suite shall be permitted per lot;
c. A Garden Suite is subsidiary in size to the primary residential building;
d. The residential lot must have a minimum:
i.
lot area of 1500 square metres;
ii.
the lot must have a standard frontage on a publicly maintained road;
iii.
separation distance of 4.2 metres between it and the single-family dwelling.
iv.
rear yard setback of 8 metres.
v.
side yard, front setback, and rear yard development standards as the main dwelling
unit on the lot must also be maintained for a garden suite
e. The Garden suite shall:
i.
have a maximum total floor area of 70 square metres and a maximum of two
bedrooms
ii.
not exceed the lot coverage requirement for accessory buildings, that is, the
combined total lot coverage of all accessory buildings on the lot;
iii.
not project beyond the building line of the main single family dwelling nor the
building line of the immediate adjacent properties;
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iv.
not contain a subsidiary apartment unit
v.
not contain a basement.
f. A Garden Suite shall:
i.
have a separate water and sewer service, which may be provided from the main
dwelling unit on the lot.
ii.
locate electrical service to the garden suite underground whenever possible to avoid
additional overhead wires or poles within a residential lot and to improve the
aesthetics of the development.
iii.
comply with all applicable Building, Fire, and life Safety Codes plus all other codes or
bylaws in effect by the Authority.
iv.
be accessible to fire department and other emergency vehicles at all times.
v.
be assigned an individual address to ensure identification and location in the event of
an emergency and such address must be clearly indicated and visible from the street
frontage. This identification may include a sign, maximum size .2 square metres,
within the front setback area of the lot, indicating the presence of the garden suite at
the rear of the main dwelling unit;
vi.
Provide a minimum of one additional one (1) parking space to that required for the
primary dwelling;
g. The finished structure of a garden suite must be undifferentiated from on-site and adjacent
existing structures in terms of quality of construction and the appearance of permanence in
addition to meeting the National Building Code of Canada and other applicable guidelines
and codes deemed appropriate by the Authority;
h. A garden suite must remain as part of the real property of the main dwelling, unless legally
subdivided from the original lot in accordance with the applicable requirements for
subdivision of the property, after which it will become a separate single dwelling on its own
lot and must meet all development standards and requirements for a single dwelling unit
and lot of the zone, including minimum floor area, minimum lot area, side yard, setback and
rear yard standards, parking, access and independent municipal services, connected to the
main municipal service infrastructure;
i. If the garden suite is capable of being subdivided from the original lot and single dwelling,
new water and sewer lines must be installed and connected to the main municipal service
infrastructure;
j. A garden suite shall be owned by the owner of the primary dwelling and shall not be sold as
a condominium unit;
k. A garden suite may be constructed on site or be transported as a modular unit to the lot,
but may not include a mobile or mini-home;
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4.
5.
I. If necessary, a garden suite must be capable of being moved to another location on the lot
or removed completely from the lot; and,
m. A garden suite must be built on a lot with frontage on a publicly maintained road.
Modular Homes
Where permitted, modular homes must be constructed in accordance with Canadian Standards
Association (CSA) standards.
Place of Worship & Educational Use
A place of worship shall conform to the minimum frontage, building line and other setback
requirements specified where the use is permitted. Lot coverage and height requirements are at
the discretion of Council subject to the Discretionary Use process.
6.
Educational Use
An educational use (elementary, junior high, or high school) shall conform to the minimum
frontage, building line and other setback requirements specified where the use is permitted. Lot
coverage and height requirements are at the discretion of Council subject to the Discretionary
Use process.
7.
Child Care - Home Occupation
A day care or day nursery (i.e.: a child care operation in which services are regularly provided to
seven or more children) can be operated as a home occupation subject to the following
conditions:
a.
The operation is in accordance with all applicable provincial laws and regulations;
b. A limit of one day care or day nursery will be permitted on any street;
c.
The use will not occupy more than 70 m2 or 40% of the floor area, whichever is less;
d. Provision for off-street parking will be required as per the off-street parking
requirements of these Regulations;
e. The drop-off and pick-up of children will not interfere with the free flow of vehicular
traffic;
f.
The use is not located adjacent to or near hazardous, dangerous, or incompatible uses.
These include, but are not limited to, heavy industrial uses, service stations, garages,
taverns, night clubs, and amusement uses;
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8.
Home Businesses-
Medical, professional, and personal service uses, along with crafts and repairs, and office uses
are discretionary uses in this Zone as Home Based Business/Home Occupation use, subject to
the following:
a.
The use is situated on a residential property and the primary use of the property remains
residential;
b. The use is entirely enclosed within the dwelling and/or the accessory building and the use
does not change the appearance of the dwelling or accessory building;
c. The floor area of the Home Business does not exceed 50 percent of the total floor area of
the dwelling;
d. No outdoor activities or storage associated with the use occurs;
e. Activities associated with the use are not hazardous and do not cause noticeable noise,
odor, dust, fumes, traffic, or inconvenience and are not a nuisance to the occupants of
adjacent dwellings;
f.
Any retail sales are incidental and subsidiary to the approved use.
9.
Convenience Store
Convenience stores will only be permitted as a discretionary use under the following conditions:
a.
Convenience Store may form part of the residential dwelling or be a stand-alone
building.
b.
The retail use shall be subsidiary to the residential character of the area, and shall not
affect residential amenities of adjoining properties.
c.
There must be adequate provision for on-site parking, loading, buffering and
landscaping.
10.
Agriculture (home garden/ kitchen garden/ hobby garden)
a.
Agriculture shall be limited to home gardens and similar activities that Council deems to be
compatible with surrounding residential areas.
b.
The cultivation of ground and the erection of greenhouses, root cellars, and other accessory
buildings for agricultural use will be limited to small-scale developments as determined by
Council.
c.
The keeping of livestock, including horses, sheep, etc., shall be prohibited.
11.
Backlot Development
Where the configuration of existing parcels of land does not support traditional residential subdivision
of land where each lot has a minimum frontage to a street, the Council may consider a proposal to
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subdivide land and develop new lots through the creation of backlots, where a narrow driveway from
the street, forming part of the lot, provides access to the larger developable portion of the parcel.
Backlot development in the Residential zone may be considered, where:
1. the backlot development has access by an independent, approved access to a public road by means
of a driveway that forms part of the backlot development;
2. underground municipal sewer and water service hook-ups are located entirely on the backlot
property;
3. the property is properly accessible to fire protection and other emergency services;
4. only one dwelling is located behind the other;
5. exclusive of the independent, approved access (6 m), the minimum lot area requirements of the
zone are met and, adequate separations between the backlot development dwelling and other
dwellings are maintained under the development regulations;
6. If there is potential for future development, a minimum right of way of 12.5 to 15 metres shall be
provided and reserved as a future road, despite being in the ownership of the applicant, must be
shown on the survey of the property;
7. (a) The backlot driveway access area of the lot shall not be calculated as part of the minimum parcel
size area required by the Development Regulations for that zone, and the backlot driveway shall be
constructed and certified by the applicant's engineer to meet standards to provide for a durable
road surface for emergency access vehicles, and include provision for road drainage.
(b) All backlot driveways are being paved with asphalt or concrete by the applicant, and also be
provided with approved drainage for the driveway to the satisfaction of the Authority.
8. The backlot width (frontage) shall be a minimum of an unobstructed 6.0m for a single backlot.
9. For two adjacent backlots, the minimum width of each backlot may be 4.0m.
10. The maximum length of a backlot access shall be 200.0m (656.1ft).
11. The maximum length of a corner truncation for a backlot shall be no more than 27.0m.
12. Backlots shall not be permitted in Commercial and Industrial Zones.
12.
Abutting Zone or Abutting Incompatible Uses
Where a non-residential lot abuts a residential lot, the following standards shall apply:
a. The minimum setback of the commercial use from the abutting lot line shall be 10 m;
b.
No open storage or outdoor display shall be permitted in an abutting yard in the commercial use
area;
c.
Where a parking lot within the mixed development use zone is proposed to abut a neighbouring
backyard, Council may require the erection of a 2 m high fence; there shall be no parking within 1.5
m of the side or rear lot line in the commercial use.
d. Where a proposed non-residential use abuts a residential zone or an existing dwelling unit, the
owner of the site of the non-residential development may be required to provide a buffer strip
between any non-residential building or activity and the residential zone or dwelling. The buffer may
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13.
include the provision of grass strips, hedges, trees or shrubs, or a structural barrier as may be
required by the Authority, and shall be maintained by the owner or occupier to the satisfaction of
the Authority.
Access
No access to a street may be made without the permission of the Authority. Before granting an approval
for an access, the Authority shall have regard to the safety and efficiency of the street for both vehicles
and pedestrians. Access to a Provincial Highway shall be subject to the requirements and approval of the
Department of Transportation and Works.
14.
Accessory Buildings (See also 111-29 regarding Accessory Buildings).
1) Accessory Buildings shall have lot coverage of no greater than seven (7) percent up to a
maximum of 103 square metres, or a height of no more than six (6) metres.
2) Accessory buildings must be compatible with the main building in terms of design, colour, and
materials.
3) Accessory buildings shall not be closer to the front line than the main building, two (2) metres to
the side lot line, and two (2) metres to the rear lot line.
An accessory single dwelling may be permitted as part of an approved resource-based use, when it
is required as an ancillary use for the satisfactory operation of that use - for example, as a dwelling
for a caretaker or a dwelling for the operator of an agricultural operation. The cessation, as defined
under the Urban and Rural Planning Act (2000) and the Municipalities Act, of the primary or
approved use shall also lead to the cessation of the use of the dwelling.
15.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display or 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:
a.
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;
b. No advertisement shall exceed five (5) square metres in area.
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16.
Advertisements Relating to Offsite Uses (see also General Conditions for all Use Zones 2(f))
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:
17.
(a) Each advertisement shall not exceed three (3) square metres in area;
(b) 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 distance or direction to the
premises to which they relate;
(c) 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;
and,
(d) Where situated on a Provincial Highway, Highway Signs are subject to the requirements of the
Department of Transportation and Works, Government Service Centre of Service NL, and any
other provincial requirement.
Archaeological Sites
If an archaeological site or historical artifacts are discovered during construction, development shall stop
and the Heritage Division of the Department of Business, Tourism, Culture, Industry and Innovation shall
be consulted. Development shall not proceed until the Heritage Division has evaluated the site.
18.
Buffer - Designated Paths or Trail and Streams
(see also 111-63 Watercourse Protection)
In addition to any other requirements of these Regulations, any developer within 50 metres of a trail or
stream set out and named in the Zoning Maps shall be reviewed by the Authority as to its impact on the
trail or stream, and the Authority in its discretion may refuse a permit, approve the permit, or attach
such conditions as it deems necessary to the permit to protect the designated trail or system.
19.
Comprehensive Development (See also V-85 regarding Subdivision of Land).
In order to ensure that the environment is protected and access and appropriate services are provided
in the near or long term, the Authority may require that before any permit for development is issued
that a comprehensive plan of development for an area in and around the proposed development be
prepared and approved.
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20.
Discretionary Use Classes (see also Regulation Vl-93, and Regulation 11-18(3))
The discretionary use classes or uses listed in the Use Zone Table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses. In
particular, the Authority shall be satisfied that a discretionary use:
c.
Will not have a negative effect on adjacent uses because of noise, smoke, dust,
vibrations, or unsightly appearance;
d.
Will not generate vehicle traffic to a volume that will affect residential amenity
e.
Will not cause unacceptable nuisance or hazard to adjacent residential uses.
21.
Landscaping and Surfacing (See also Regulation 111-32 Alterations to the Natural Environment,
and 111-54 Screening and Landscaping, and V-91 Grouping of Buildings and Landscaping)
Non-residential lots shall be landscaped or provided with a stable surface to prevent raising or
movement of dust, clay, mud, or loose particles.
22.
Services
On-site serviced development shall only be undertaken with the prior consent, approvals, and permits
required by the Government Service Centre of Service NL, and the Town.
23.
Open Storage
The Authority may permit open storage of materials and goods on commercial sites, subject to the
following conditions:
(a) Open storage shall not occupy more than 50 percent of the site area and shall not be located in
the front yard or in any required setback or buffer areas;
(b) Open storage shall be enclosed by a wall or fence not less than two (2) metres in height
constructed of uniform materials approved by the Authority; and
(c) Open storage shall be maintained with a stable surface to prevent raising or movement of dust,
clay, mud, or loose particles.
24.
Parking and Loading
Adequate parking, as prescribed in Schedule D, and loading facilities shall be provided on the site of non-
residential uses for all employees; vehicles used in or associated with the activity carried out on the site;
and for vehicles of customers, clients, or other persons w ho visit the establishment.
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25.
Subdivision of Land (See also V-84 Subdivision Design Standards)
1) A permit shall be required for any subdivision of land into two or more parcels.
2) Where required for a development, a road or other service shall be constructed at the Developer's
expense to the satisfaction of the Authority.
3) The Authority may require that any road and service in a subdivision or development be a public
road and services be conveyed to the Town at no cost upon satisfactory completion.
4) All new roads shall be paved with asphalt and shall have the following minimum dimensions or as
specified in the Street Design standards of V-84.
26.
Watercourse Protection (see also MD, Condition 9, and General Condition for All Use Zones
2(k))
The minimum width of a buffer along a watercourse shall be 15 metres from the edge of the stream,
river, pond, or other body of water. If the embankment is steep, then the buffer shall be measured from
the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails, marinas,
wharves, and similar uses, subject to the approval of the Water Resources Management Division of the
Department of Municipal Affairs and Environment.
The Authority or the Provincial Government may subject development within the buffer area of a
watercourse to an environmental review, and may approve, approve subject to conditions, or refuse
such development.
27. Environmental Protection (see also Regulation 111-32 Alterations to the Natural Environment, 111-58
Site Grading, Soil Removal, & Soil Deposit/ Fill, 111-59 Storm water Management, and 111-63
Watercourse Protection)
1) Development on slopes in excess of 25% is prohibited, before approving development of a site
having a slope greater than 15 percent, the Authority shall require the submission of a review of
the development proposal by a certified engineer, landscape architect, or similar professional.
The review shall evaluate the adequacy of site grading, drainage and landscaping, and the
potential of the development to cause erosion onto and pollution of adjacent development and
lands and bodies of water receiving run-off from the site, and other similar matters.
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2) The Authority shall ensure that the proposal is not inappropriate by reason of:
{a) Precipitating or contributing to a pollution problem in the area;
{b) Creation of erosion and/or sedimentation.
3) The Authority shall consider the suitability of the site in terms of steepness of grades, soil and
geographic conditions, location of watercourses, marshes, swamps, or bogs when reviewing a
development proposal.
26.
Forestry
Forestry and related uses shall be permitted as a discretionary use by the Authority provided that the
Authority is satisfied that such uses will not increases soil erosion, and further provided that the
operation is in an approved wood-cutting area and meets the requirements of the Forestry Division
under the Department of Fisheries and Lands.
The Authority may, if necessary, require a detailed submission concerning the proposed forestry
operation setting out the extent and nature of the forestry operation, including provisions for the
mitigation of impacts.
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ZONE TITIE:
MIXED DEVELOPMENT (MD)
MD USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation Vl-93, and Zone Table Conditions below)
Single Dwelling, Double Dwelling, Subsidiary Apartment/Granny Flat, Modular Home, Conservation, and
Recreational Open Space.
(see Schedules A and B for definitions and examples of above Classes)
Discretionary Use Classes
(see Regulation Vl-94, Regulation 11-18(3), and Zone Table Conditions below)
Home based business (Office; Medical, Professional, and Personal Service; Home Child Care); General Assembly
use division, General Assembly halls, Place of Worship, Club and Lodge, Protection, Catering, Cultural and Civic,
Seniors Centre, Museum, Indoor Assembly, Outdoor Assembly, Medical Treatment and Special Care Class (such
as Children's Homes, Homes for Aged, Seniors Care), Bed & Breakfast, Business or Personal Services use division
(such as, Government Offices, Fire Hall and fire-fighting training centre, Medical and Professional, Personal
Service, General Service), Mercantile Use group except Shopping Centre (such as Corner Stores and Markets),
Service Station, Agriculture, Forestry, Mineral Working, Cemetery, Animal, Antenna, Transportation, Fisheries,
and Utilities, Garden Suite, Light industry, Row housing, apartment building, backlot development, energy
infrastructure
(see Schedules A and B for definitions and examples of above Classes)
Also refer to Town of Gil/ams Municipal Plan, 2017-2027 Mixed Development policies MD-1 to M D-11;
General Development Policies, Section 3.3: Land Use Designations and Policies and, Section 3.4: Urban
Designation, particularly 3.4.3: Mixed Development.
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CONDITIONS FOR THE MIXED DEVELOPMENT ZONE
1.
Development Standards
FOR SERVICED RESIDENTIAL DEVELOPMENT:
Development Standard
Single
Double
Row
Apartment Building
Required
Dwelling
Dwelling
Dwelling
1 bedroom
2 bedroom
3 bedroom
4 bedroom
apt unit
apt unit
apt unit
apt unit
Lot Area min. (s.m.)
450
470
350
200
250
280
280
(ave)
Floor area min. (s.m.)
80
80
65
40
50
60
70
Frontage on street min
15
26
12
3
36
36
36
(m)
Building setback min
6
6
8
8
8
8
8
(m)
Side yard setback min
1
1
1
5
5
5
5
(m)
Rear yard depth min
14
14
14
14
14
14
14
(m)
Lot coverage (%)
33
33
33
33
33
33
33
Building height max (m)
10
10
10
10
10
10
10
FOR SEMI-SERVICED OR NON-SERVICED LOTS
Refer to Service NL, Government of Newfoundland and Labrador for GSC lot size requirements and
provincial government permits/approvals:
SITE DEVELOPMENT STANDARDS
Single Detached Dwelling
Semi-Detached (Double)
Townhouse
Standards:
No services
One service:
No services
One service:
If > 5 units,
water
water
requires a
provided
provided
Lot area (m2)
1860
1400
3720
2800
groundwater
assessment
Frontage (m) *
30
23
30
30
n/a
Building Line Setback
8
8
8
8
8
Side yard Width (m)
5
5
3
3
5
Side yard, Flanking (m)
15
15
15
15
15
Rear yard Depth* (m)
15
15
6
6
15
Height)
10
10
10
10
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NON-RESIDENTIAL DEVELOPMENT STANDARDS
Non-Residential Development Standards
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Lot Area (minimum) depends on lot servicing
As per GSC
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Street line Frontage (minimum)
20m
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Maximum Lot coverage (including Accessory Buildings)
33%
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Building Frontline Setback (minimum)
4m*
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Flanking Yard Setback (minimum)
4m*
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Rear yard (minimum)
4m*
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Side yard (minimum)
2 m*
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Building Height (maximum)
15m
*To accommodate parking requirements, the frontline setback and the rear yard setback distances may
need to be greater depending on the location of the off-street parking and to respect the established
street line.
2.
Abutting Zone or Abutting Incompatible Uses
Where a lot located within the Mixed Development zone abuts a lot in the Residential use zone, the
following standards shall apply:
(a) The minimum setback of the commercial use from the abutting lot line shall be 10 m;
(b) No open storage or outdoor display shall be permitted in an abutting yard in the commercial use
area;
(c) Where a parking lot within the mixed development use zone is proposed to abut a neighbouring
backyard, Council may require the erection of a 2 m high fence; there shall be no parking within 1.5
m of the side or rear lot line in the commercial use.
3.
Access
No access to a street may be made without the permission of the Authority. Before granting an approval
for an access, the Authority shall have regard to the safety and efficiency of the street for both vehicles
and pedestrians. Access to a Provincial Highway shall be subject to the requirements and approval of the
Department of Transportation and Works.
4.
Accessory Buildings (See also 111-29 regarding Accessory Buildings).
(a) Accessory Buildings shall have lot coverage of no greater than seven (7) percent up to a maximum of
103 square metres, or a height of no more than six (6) metres.
(b) Accessory buildings must be compatible with the main building in terms of design, colour, and
materials.
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(c) Accessory buildings shall not be closer to the front line than the main building, two (2) metres to the
side lot line, and two (2) metres to the rear lot line.
S.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display or 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:
(a) 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;
(b) No advertisement shall exceed five (5) square metres in area.
6.
Advertisements Relating to Offsite Uses (see also General Conditions for all Use Zones 2(f))
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:
(a) Each advertisement shall not exceed three (3) square metres in area;
(b) 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 distance or direction to the
premises to which they relate;
(c) 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;
and,
(d) Where situated on a Provincial Highway, Highway Signs are subject to the requirements of the
Department of Transportation and Works, Government Service Centre of Service NL, and any
other provincial requirement.
7.
Archaeological Sites
If an archaeological site or historical artifacts are discovered during construction, development shall stop
and the Heritage Division of the Department of Tourism, Culture, and Industry and Innovation shall be
consulted. Development shall not proceed until the Heritage Division has evaluated the site.
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8.
Buffer - Non-Residential Uses/Residential Uses
Where a proposed non-residential use abuts a residential zone or an existing dwelling unit, the owner of
the site of the non-residential development may be required to provide a buffer strip between any non-
residential building or activity and the residential zone or dwelling. The buffer may include the provision
of grass strips, hedges, trees or shrubs, or a structural barrier as may be required by the Authority, and
shall be maintained by the owner or occupier to the satisfaction of the Authority.
9.
Buffer - Designated Paths or Trail and Streams
(see also MD, Condition 19; and 111-63 Watercourse Protection)
In addition to any other requirements of these Regulations, any developer within 50 metres of a trail or
stream set out and named in the Zoning Maps shall be reviewed by the Authority as to its impact on the
trail or stream, and the Authority in its discretion may refuse a permit, approve the permit, or attach
such conditions as it deems necessary to the permit to protect the designated trail or system.
10.
Comprehensive Development (See also V-84 regarding Subdivision of Land).
In order to ensure that the environment is protected and access and appropriate services are provided
in the near or long term, the Authority may require that before any permit for development is issued
that a comprehensive plan of development for an area in and around the proposed development be
prepared and approved.
11.
Discretionary Use Classes
The discretionary use classes or uses listed in the Use Zone Table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses. In
particular, the Authority shall be satisfied that a discretionary use:
a.
Will not have a negative effect on adjacent uses because of noise, smoke, dust,
vibrations, or unsightly appearance;
b. Will not generate vehicle traffic to a volume that will affect residential amenity;
c.
Will not cause unacceptable nuisance or hazard to adjacent residential uses;
d.
Council shall prohibit development in areas of steep slope (in excess of 25%) or where
there is a potential of slope erosion and failure shall be protected, and shall not be
developed except for infill development proposals as a discretionary use within the
Mixed Development zone, except on the further conditions that such proposals are
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accompanied and supported by a qualified geotechnical or other engineering certified
and stamped report and recommendations, and all such proposals are approved by
Council.
12.
Environmental Protection
(see also Regulation 111-32 Alterations to the Natural Environment, and 111-58 Site Grading, Soil Removal,
and Soil Deposit/ Fill, 111-59 Storm water Management, 111-63 Watercourse Protection)
1) Before approving development as a discretionary use of a site having a slope greater than 25
percent, the Authority shall require the submission of a review of the development proposal by a
certified engineer, landscape architect or similar professional. The review shall evaluate the
adequacy of site grading, drainage, and landscaping and the potential of the development to cause
erosion onto and pollution of adjacent development and lands and bodies of water receiving run-off
from the site, and other similar matters.
2) The Authority shall ensure that the proposal is not inappropriate by reason of:
(a) Precipitating or contributing to a pollution problem in the area; or
(b) Creation of erosion and/or sedimentation.
3) The Authority shall consider the suitability of the site in terms of steepness of grades, soil, and
geographic conditions, location of watercourses, marshes, swamps, or bogs when reviewing a
development proposal.
13.
Home Business
Medical, professional, and personal service uses, along with crafts and repairs, and office uses are
permitted in this Zone, provided:
(a) The use is situated on a residential property and the primary use of the property remains
residential;
(b) The use is entirely enclosed within the dwelling and/or the accessory building and the use does
not change the appearance of the swelling or accessory building;
(c) The floor area of the Home Business does not exceed 50 percent of the total floor area of the
dwelling;
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14.
(d) No outdoor activities or storage associated with t he use occurs;
(e) Activities associated with the use are not hazardous and do not cause noticeable noise, odor,
dust, fumes, traffic, or inconvenience and are not a nuisance to the occupants of adjacent
dwellings;
(f) Any retail sales are incidental and subsidiary to the approved use.
Landscaping and Surfacing (See also Regulation 111-32 Alterations to the Natural Environment,
and 111-55 Screening and Landscaping, and V-91 Grouping of Buildings and Landscaping)
Non-residential lots shall be landscaped or provided with a stable surface to prevent raising or
movement of dust, clay, mud, or loose particles.
15.
Services
On-site serviced development shall only be undertaken with the prior consent, approvals, and permits
required by the Government Service Centre of Service NL, and the Town.
16.
Open Storage
The Authority may permit open storage of materials and goods on commercial sites, subject to the
following conditions:
(d) Open storage shall not occupy more than 50 percent of the site area and shall not be located in
the front yard or in any required setback or buffer areas;
(e) Open storage shall be enclosed by a wall or fence not less than two (2) metres in height
constructed of uniform materials approved by the Authority; and
(f) Open storage shall be maintained with a stable surface to prevent raising or movement of dust,
clay, mud, or loose particles.
17.
Parking and Loading
Adequate parking, as prescribed in Schedule D, and loading facilities shall be provided on the site of non-
residential uses for all employees; vehicles used in or associated with the activity carried out on the site;
and for vehicles of customers, clients, or other persons who visit the establishment.
18.
Subdivision of Land (See also V-84 Subdivision Design Standards)
1) A permit shall be required for any subdivision of land into two or more parcels.
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2) Where required for a development, a road or other service shall be constructed at the Developer's
expense to the satisfaction of the Authority.
3) The Authority may require that any road and service in a subdivision or development be a public
road and services be conveyed to the Town at no cost upon satisfactory completion.
4) All new roads shall be paved with asphalt and shall have the following minimum dimensions or as
specified in the Street Design standards of V-85.
19. Watercourse Protection (see also MD, Condition 9, and General Condition for All Use Zones 2(k))
The minimum width of a buffer along a watercourse shall be 15 metres from the edge of the stream,
river, pond, or other body of water. If the embankment is steep, then the buffer shall be measured from
the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails, marinas,
wharves, and similar uses, subject to the approval of the Water Resources Management Division of the
Department of Municipal Affairs and Environment.
The Authority or the Provincial Government may subject development within the buffer area of a
watercourse to an environmental review, and may approve, approve subject to conditions, or refuse
such development.
20.
Marina Use
A marina shall be permitted in this zone provided that it is compatible with the residential area. A
marina can include a wharf and stage with an associated boat haul-out, but it does not include a
commercial facility for the repair, maintenance, or servicing of vessels or ancillary commercial uses -
whether or not such a facility is operated by a non-profit organization. The following conditions apply,
the marina, wharf and stage facility must:
1. Provide and maintain public access to the shoreline via a walkway, path or trail, located, designed
and constructed to the satisfaction of the Council
2.
Provide parking for both vehicles and boat trailers with adequate turning areas within the parking
lot;
3.
Provide landscaping and buffers for outdoor storage areas for boats or other equipment to the
requirements of the Council;
4.
Provide services such as a supply of potable water and facilities for the collection and disposal of
wastewater in a manner acceptable to the Council;
5.
Secure approval from the Water Resources Management Division for
Wharf/Boathouse/Slipway/Breakwater structures which shall follow the guidelines for the
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Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses which are
available at:
http://www.env.gov. nl.ca/env /waterres/regu lat ions/a ppforms/G u ideli nes _for_ Wha rves.pdf
21.
Subsidiary Apartments and Granny Flats
Subsidiary Apartments and Granny Flats are subject to Conditions 1 and 2 of the RES land use zone
table.
22.
Garden Suite
Council may consider as a discretionary use ancillary to an existing single-family residential
dwelling for the sole occupancy of not more than two senior adults who are related to the
owner-occupier of the principle residence, subject to the following:
n. Garden suites are not permitted on double dwelling lots;
o. Only one (1) garden suite shall be permitted per lot;
p. A Garden Suite is subsidiary in size to the primary residential building;
q. The residential lot must have a minimum:
vi.
lot area of 1500 square metres;
vii.
the lot must have a standard frontage on a publicly maintained road;
viii.
separation distance of 4.2 metres between it and the single-family dwelling.
ix.
rear yard setback of 8 metres.
x.
side yard, front setback, and rear yard development standards as the main dwelling
unit on the lot must also be maintained for a garden suite
r. The Garden suite shall:
vi.
have a maximum total floor area of 70 square metres and a maximum of two
bedrooms
vii.
not exceed the lot coverage requirement for accessory buildings, that is, the
combined total lot coverage of all accessory buildings on the lot;
viii.
not project beyond the building line of the main single-family dwelling nor the
building line of the immediate adjacent properties;
ix.
not contain a subsidiary apartment unit
x.
not contain a basement.
s. A Garden Suite shall:
vii.
have a separate water and sewer service, which may be provided from the main
dwelling unit on the lot.
viii.
locate electrical service t o the garden suit e underground whenever possible to avoid
additional overhead wires or poles within a residential lot and to improve the
aesthetics of the development.
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ix.
comply with all applicable Building, Fire, and Life Safety Codes plus all other codes or
bylaws in effect by the Authority.
x.
be accessible to fire department and other emergency vehicles at all times.
xi.
be assigned an individual address to ensure identification and location in the event of
an emergency and such address must be clearly indicated and visible from the street
frontage. This identification may include a sign, maximum size .2 square metres,
within the front setback area of the lot, indicating the presence of the garden suite at
the rear of the main dwelling unit;
xii.
Provide a minimum of one additional one (1) parking space to that required for the
primary dwelling,
t. The finished structure of a garden suite must be undifferentiated from on-site and adjacent
existing structures in terms of quality of construction and the appearance of permanence in
addition to meeting the National Building Code of Canada and other applicable guidelines
and codes deemed appropriate by the Authority;
u. A garden suite must remain as part of the real property of the main dwelling, unless legally
subdivided from the original lot in accordance with the applicable requirements for
subdivision of the property, after which it will become a separate single dwelling on its own
lot and must meet all development standards and requirements for a single dwelling unit
and lot of the zone, including minimum floor area, minimum lot area, side yard, setback and
rear yard standards, parking, access and independent municipal services, connected to the
main municipal service infrastructure.
v. If the garden suite is capable of being subdivided from the original lot and single dwelling,
new water and sewer lines must be installed and connected to the main municipal service
infrastructure
w. A garden suite shall be owned by the owner of the primary dwelling and shall not be sold as
a condominium unit.
x. A garden suite may be constructed on site or be transported as a modular unit to the lot,
but may not include a mobile or mini-home.
y. If necessary, a garden suite must be capable of being moved to another location on the lot
or removed completely from the lot.
23.
Backlot development
Backlot development is a discretionary use in Mixed Development areas where Council is satisfied that:
(a)
Municipal water and sewer services can be provided to the development;
(b)
Adequate access is provided to the lot;
(c)
Development will not prejudice the future use of adjacent lands.
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ZONE TITLE: COMPREHENSIVE DEVELOPMENT AREA {CDA)
CDA USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation Vl-93, and Zone Table Conditions below)
Conservation, Utilities, Maintenance and Operation of Existing Uses.
(see Schedules A and B far definitions and examples of above Classes)
Also refer to Town of Gil/ams Municipal Plan, 2017-2027 Section 3.3: General Land Use Policies, and
Section 4.2.3 Comprehensive Development Area Land Use Policies.
CONDITIONS FOR THE COMPREHENSIVE DEVELOPMENT AREA ZONE
a) Comprehensive Development Scheme
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The CDA designation of the Municipal Plan and corresponding CDA zone envisions future
development of the lands in the subject area, but prevents development from occurring until
comprehensive planning and necessary studies or investigations have been carried out. Before
any new development is permitted in the form of roads and buildings, a Comprehensive
Development Scheme will be prepared in accordance with the Urban and Rural Planning Act and
the Municipal Plan, and the area or portions representing phases of the area will be zoned and
development standards established accordingly. The CDA shall be processed as a zoning
amendment to the Development Regulations to bring the new zoning into legal effect.
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ZONE TITLE:
RURAL (RU)
RU USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation Vl-93, and Zone Table Conditions below)
Cemetery, Conservation, Forestry, and Recreational Open Space
Mineral Workings, Wharves, Marinas and related uses, Communications
(see Schedules A and B for definitions and examples of above Classes)
Discretionary Use Classes
(see Regulation Vl-94, Regulation 11-18(3), and Zone Table Conditions below)
Agriculture, Single Dwelling in association with permitted use, (Accessory Building), General Industry (Condition
12), Mineral Exploration (development) (Condition 13), Mineral Working (Condition 14), Scrap Yard and Solid
Waste, Animal
(see Schedules A and B for definitions and examples of above Classes)
Also refer to Town of Gil/ams Municipal Plan, 2017-2027 Section 4.1: General Land Use Policies; and
Section 4.2.4: Rural Land Use Policies.
CONDITIONS FOR THE RURAL ZONE
1. Development Standards - All Uses, Except Accessory Buildings
Non-Residential Development Standards
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Lot Area (minimum) depends on lot servicing
As per GSC
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Street line Frontage (minimum)
20m
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Maximum Lot coverage (including Accessory Buildings)
33%
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Building Frontline Setback (minimum)
8 m*
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Flanking Yard Setback (minimum)
4 m*
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Rear yard (minimum)
8 m*
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Side yard (minimum)
2 m*
*To accommodate parking requirements, the frontline setback and the rear yard setback distances may
need to be greater depending on the location of the off-street parking and to respect the established
street line.
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2.
Access
No access to a street may be made without the permission of the Authority. Before granting an approval
for an access, the Authority shall have regard to the safety and efficiency of the street for both vehicles
and pedestrians. Access to a Provincial Highway shall be subject to the requirements and approval of the
Department of Transportation and Works.
3.
Accessory Dwelling
An accessory single dwelling may be permitted as part of an approved resource-based use, when it is
required as an ancillary use for the satisfactory operation of that use - for example, as a dwelling for a
caretaker or a dwelling for the operator of an agricultural operation. The cessation, as defined under the
Urban and Rural Planning Act (2000} and the Municipalities Act, of the primary or approved use shall
also lead to the cessation of the use of the dwelling. Accessory single dwellings may be approved
resource-based uses as a discretionary use, with adequate access and provision for water and sewer
systems and provision for waste disposal,
4.
Advertisements Relating to Onsite Uses
The conditions 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:
5.
a) 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
b) No advertisement shall exceed five (5) square metres.
Advertisements Relating to Offsite Uses (see also General Conditions for All Use Zones (2)f)
The condition 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:
a)
Each advertisement shall not exceed three (3) square metres in area;
b) When the advertisements relate to a specific land use, they shall be located within a reasonable
distance of, an only show thereon the name and nature of the distance or direction to the
premises to which they relate;
c)
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;
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d) Where situated on a Provincial Highway, Highway Signs are subject to the requirements of the
Department of Transportation and Works, Government Service Centre of Service NL, and any
other provincial requirement.
6.
Agriculture
The Authority may permit an agriculture class use:
a) Subject to Regulation 111-41
b) Provided that the Authority is satisfied that such use will not have an adverse impact on residential
uses or other uses in the neighbourhood as indicated by possible offensive odors, noises, vermin,
unsightly appearance and possible contamination of water supply;
c)
Provided that the proposed use satisfies the requirements of the Provincial Government.
7.
Archaeological Sites
If an archaeological site or historical artifacts are discovered during construction, development shall stop
and the Provincial Archaeology Office of the Department of Tourism, Culture, Industry and Innovation
consulted. Development shall not proceed until the Provincial Archaeology Office has evaluated the site.
8.
Buffer - Designated Paths or Trails and Streams (see also Condition 19)
In addition to any other requirements of these Regulations, any development within 50 metres of a trail
or stream set out and named in the Zoning Maps shall be reviewed by the Authority as to its impact on
the trail or stream, and the Authority in its discretion may refuse a permit, approve the permit, or attach
such conditions as it deems necessary to the permit to protect the designated trail or stream.
9.
Discretionary Use Classes (see also Regulation Vl-94, and Regulation 11-18(3))
The discretionary use classes or uses listed in the Use Zone Table may be permitted at the discretion of
the Authority provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses.
10.
Environmental Protection (see also Regulation 111-32 Alterations to the Natural Environment, 111-
58 Site Grading, Soil Removal, & Soil Deposit/ Fill, 111-59 Storm water Management, and 111-63
Watercourse Protection)
4) Before approving development of a site having a slope greater than 15 percent, the Authority
shall require the submission of a review of the development proposal by a certified engineer,
landscape architect, or similar professional. The review shall evaluate the adequacy of site
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11.
grading, drainage and landscaping, and the potential of the development to cause erosion onto
and pollution of adjacent development and lands and bodies of water receiving run-off from the
site, and other similar matters.
S) The Authority shall ensure that the proposal is not inappropriate by reason of:
(c) Precipitating or contributing to a pollution problem in the area;
(d) Creation of erosion and/or sedimentation.
6) The Authority shall consider the suitability of the site in terms of steepness of grades, soil and
geographic conditions, location of watercourses, marshes, swamps, or bogs when reviewing a
development proposal.
Forestry
Forestry and related uses shall be permitted by the Authority provided that the Authority is satisfied
that such uses will not increases soil erosion, and further provided that the operation is in an approved
wood-cutting area and meets the requirements of the Forestry and Agrifoods Agency under the
Department of Fisheries and Lands.
The Authority may if necessary, require a detailed submission concerning the proposed forestry
operation setting out the extent and nature of the forestry operation, including provisions for the
mitigation of impacts.
12.
13.
General Industry
1) General Industry shall be restricted to the maintenance and repair of equipment, processing and
storage related to agriculture, forestry or mineral working uses, or to those unsuitable to sites
adjacent to urban uses. Examples of the latter are industrial uses involving hazardous
substances such as bulk fuel storage, requiring large lots, or featuring outdoor activities such as
heavy equipment storage or maintenance.
2) Unless the Authority is satisfied that the general industry use will not create a nuisance and will
not adversely affect the amenity of the surrounding area, the Authority shall require the
provision of buffering by the developer to the satisfaction of the Authority.
Mineral Exploration (development) vs. (non-development) (see also Regulation 111-45)
Mineral Exploration (non-development), in the form on prospecting where there is little to no
visible impact of the land use, may be permitted anywhere within the municipal planning area.
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Mineral exploration (development) may be permitted by the Authority provided:
(a) All applicable Provincial Requirements are satisfied, including those of the Mineral Lands
Division (Department of Natural Resources), and any other provincial departments/ agencies;
(b) No exploration may proceed unless a permit is issued by the Authority for any facilities and
access roads and/or other uses of land related to the activity of mineral exploration; however,
(c) Exploration that requires the construction or erection of any sort of support facility such as a
building, a drill rig, and/or access road shall not be permitted:
i.
In environmentally sensitive areas, unless an environmental impact assessment has
been prepared and approved under Provincial regulations;
ii.
In areas that the Authority has set aside for recreational and/or residential purposes;
iii.
Within 300 metres of existing or proposed residential areas.
14.
Mineral Working
1) Separation from adjacent uses (Quarry buffer)
Unless the Authority is satisfied that the working will not create a nuisance and will not adversely affect
the amenity of the specified development or natural feature, no mineral working shall be located closer
than the minimum distances set out below to the specified development or natural feature:
a)
Existing or proposed residential development:
i.
Where no blasting is involved
300 metres
ii.
Where blasting is involved
1000 metres
b) Any other existing or proposed development
150 metres
c)
Public Highway or street
50 metres
d) Protected road
90 metres
e) Body of water or watercourse
50 metres
Minimum separation distances and buffering requirements shall be implemented between pits and
quarries and outdoor recreation uses at the discretion of Council in consultation with the Department of
Natural Resources.
2) Screening
A mineral working shall be screened in the following manner where it is visible from public street ort
highway, developed area, or area likely to be developed during the life of the use:
(a) 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 of vegetation so that visibility of any part of the use
from the surrounding uses or streets will be prevented. The tree screens must be
maintained by the owner or occupier of the use to retain 30 metres in a forested
appearance. Where vegetation dies or is removed from the 30-metre strip, the
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Authority may require new trees of a minimum height of one (1) meter be planted to fill
in the areas affected to the satisfaction of the Authority or, at the discretion of the
Authority, condition b(ii) must be undertaken.
(b) Where no tree screens exist of sufficient width and density to constitute a visual screen,
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.
(c) 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.
(d) Where effective screening for any mineral working or associated processing or
manufacturing use cannot be installed or located as required in 'i) - iii)' above, the
Authority may refuse to permit the use or associated activity.
3) 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) Water Pollution
No Mineral working or associated storm or sanitary drainage shall unacceptably reduce the quality of
water in any body of water or watercourse. Any access road to a pit or quarry working which crosses a
brook or stream shall be bridged or culverted at the crossing in accordance with Department of
Municipal Affairs and Environment and any other government requirements.
5) Water Ponding
No mineral working or associated storm or sanitary drainage shall unacceptably reduce the quality of
water in any body of water or watercourse. Any access road to a pit or quarry working which crosses a
brook or stream shall be bridged or culverted at the crossing in accordance with the Regulations of the
Department of Municipal Affairs and Environment.
6) Soil Erosion
No mineral working shall be carried out in a manner so as to cause erosion of adjacent land.
7) Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned equipment and
any derelict buildings.
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8) Access Roads
During extended periods of shutdown, access roads to a mineral working shall be ditched or barred to
the satisfaction of the Authority.
9) Stockpiling Cover Material
All stumps, organic material, and topsoil including the rusty colored and iron stained layer, shall be
stripped and stockpiled at least five (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.
10) Operating Plant and Associated Processing and Manufacturing
(a) The Authority may permit processing and manufacturing use associated with the
mineral workings provided that, in the opinion of the Authority, the use does not create
a nuisance nor is liable to become a nuisance or offensive by the creation of noise or
vibration, or by reason of the emission of fumes, dust, dirt objectionable odor, or by
reason of unsightly storage of materials.
(b) All permanent or temporary buildings, plants, and structures associated with processing
and manufacturing will be located so as not to interfere with the present or future
extraction of aggregate resources.
(c) The Authority may specify a minimum separation distance between operating plant or
associated processing and manufacturing structure or equipment and adjacent
developed area likely to be developed during the life of the mineral working.
11) Termination and Site Rehabilitation
(a) Upon completion of the mineral working, the following work shall be carried out by the
operation:
i. All buildings, machinery, and equipment shall be removed;
ii. All pit and quarry slopes shall be graded to slopes less than 20 degrees or to the
slope conforming to that existing prior to the mineral working.
iii. Topsoil and any organic materials shall be re-spread over the entire quarried
area.
iv. The access road to the mineral working shall be ditched or barred to the
satisfaction of the Authority.
(b) If the mineral working contained reserves of material sufficient to support further
extraction operations, the Authority may require the work described to be carried out
only in areas of the site where extraction has depleted aggregate reserves.
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15.
Municipal Services
Unserviced or partially serviced development shall meet the standards and approval of the Government
Service Centre, Service NL.
16.
Open Storage
The Authority may permit open storage of materials and goods, provided the following conditions are
met:
a) Open storage shall not occupy more than SO percent of the site area and shall not be located in
the front yard or in any require setback or buffer areas;
b) Open storage shall be enclosed by a wall or fence not less than two (2) metres in height
constructed of uniform materials approved by the Authority; and
c)
Open storage shall be maintained with a stable surface to prevent raising or movement of dust,
clay, mud, or loose particles.
17.
Parking and Loading
Adequate parking, as prescribed in Schedule D, and loading facilities shall be provided on the site of non-
residential uses for all employees; vehicles used in or associated with the activity carried out on the site;
and for vehicles of customers, clients, or other persons who visit the establishment.
18.
Scrap Yard
1) Separation from Adjacent Uses
Unless the Authority is satisfied that the use will not create a nuisance and will not adversely affect the
amenity of the specified development or natural feature, no scrap yard shall be located closer than the
minimum distances set out below to the specified development or natural feature:
Scrap Yard Site
Existing or proposed Residential Development
Any other developed area or area likely to be
developed during the life of the scrap yard
Public Highway or street
Protected road
Body of water or watercourse
Minimum Distance of Scrap Yard
300 metres
150 metres
50 metres
90 metres
50 metres
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2) Screening
A scrap yard shall be screened in the following manner where it is visible from a public street or
highway, developed area, or area likely to be developed during the life of the use:
(a) Where tree screens exist between the use and adjacent public highways and streets and other
land uses (excepting forestry and agriculture), the tree screens shall be retained in a 30-metre
wide strip of vegetation so that visibility of any part of the use from the surrounding uses or
streets will be prevented. The tree screens must be maintained by the owner or occupier of the
use to retain 30 metres in a forested appearance. Where vegetation dies or is removed from the
30-metre strip, the Authority may require new trees of a minimum height of one (1) meter be
planted to fill in the areas affected to the satisfaction of the Authority or, at the discretion of the
Authority, condition 2(b) must be undertaken.
(b) Where no tree screens exist of sufficient width and density to constitute a visual screen, earthen
berms shall be constructed to a height sufficient to prevent visibility of any part of the use from
adjacent uses (excepting forestry and agriculture), or adjacent public highways and streets. The
berms shall be landscaped to the Authority's satisfaction
(c) Where natural topography creates a visual screen between a scrap yard and adjacent public
highways and streets other land use (excepting forestry and agriculture), additional screening
may be required.
(d) Where effective screening for any scrap yard or solid waste disposal or storage use cannot be
installed or located as required in 2a - 2c above, or where the site is highly visible from a
distance, the Authority may refuse to permit the use or associated activity.
3) Fencing
The Authority may require a scrap yard site to be enclosed by a fence designed and constructed to its
specifications and no less than 1.8 metres in height.
16.
Watercourse Protection (see also General Condition 2(k), and Condition 8)
The minimum width of a buffer along a watercourse shall be 15 metres from the edge of the stream,
river, pond, or other body of water. If the embankment is steep, then the buffer shall be measured from
the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails, marinas,
wharves, and similar uses, subject to the approval of the Water Resources Management Division of the
Department of Municipal Affairs and Environment.
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The Authority and Provincial Government may subject development within the buffer area of a
watercourse to an environment review, and may approve, approve subject to conditions, or refuse such
development.
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ZONE TITLE: CONSERVATION (CON)
CONSERVATION USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation Vl-93, and Zone Table Conditions below)
Conservation, Recreational Open Space (Trails), marina
Discretionary Use Classes
(see Regulation Vl-95, Regulation 11-18(3), and Zone Table Conditions below)
Agriculture, Utilities, Antenna
(see Schedules A and 8 for definitions and examples of above Classes)
Also refer to Town of Gil/ams Municipal Plan, 2017-2027 Section 3.3: General Land Use Policies.
CONDITIONS FOR THE CONSERVATION ZONE
1. Watercourse Protection (see also General Conditions for All Use Zones 2(k))
The minimum width of a buffer along a watercourse shall be 15 metres from the edge of the stream,
river, pond or other body of water. If the embankment is steep, then the buffer shall be measured from
the top of the embankment.
The only uses that may be permitted in the buffer area of a watercourse are hiking trails, marinas,
wharves, and similar uses, subject to the approval of the Water Resources Management Division of the
Department of Municipal Affairs and Municipal Affairs.
The authority and Provincial Government ay subject development within the buffer area of a water
source to and environment review, and may approve, approve subject to conditions, or refuse such
development.
2. Buffer - Designated Paths or Trails and Streams (see also Condition 19)
In addition to any other requirements of the Regulations, any development within 50 metres of a trail or
stream set out and names in the Zoning maps shall be reviewed by the Authority as to its impact on the
trail or stream, and the Authority in its discretion may refuse a permit, approve the permit or attach
such conditions as it deems necessary to the permit to protect the designate trail or stream.
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3.Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council provided
that they are complementary to permitted uses and will not inhibit or prejudice the existence or
development of permitted uses.
a. Agricultural Use
Traditional small-scale hobby and subsistence agricultural uses may be permitted such as
vegetable gardens. Areas of steep slope where soil erosion may occur shall not be developed for
agriculture uses, unless a soil erosion program can be developed and implemented.
b. Docks and Wharves
Council may consider transportation uses, such as those associated with wharves, docks,
boathouses, fishing stages and seashore coastal uses which may or may not form part of the
fishing industry or other recreational boating uses.
c. Recreational Open Space
Council will permit recreational open space uses such as trail development and non-building
type uses. Council may consider building type recreational development at its discretion in
keeping with its conservation and other policies expressed in the Municipal Plan.
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SCHEDULE D - OFF-STREET PARKING REQUIREMENTS
1. The off-street parking requirements for uses in the various use classes outlined in Schedule B shall
be as defined in the following table.
2. In the case of developments including uses in more than one use class, these standards shall be
regarded as cumulative.
3. Adequate off-street provision for drop-off and pick-up of persons shall be provided in developments
where required, such as uses within the educational facilities, passenger assembly, child care,
medical treatment and special care, commercial residential and take-out food service-use classes.
GROUP
DIVISION
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
A
1
(a) Theatre
One space for every 5 seats.
2
(a) Cultural and Civic
One space for every 50 square metres of gross floor areas.
(bl General Assembly
One space for every 10 square metres of gross floor area.
(c) Educational
Schools - 2 spaces for every class room.
Further education - 1 space for every 5 persons using the facilities
(students, faculty and staff).
(d) Place of Worship
One space for every 5 seats.
(e) Passenger Assembly
As specified by the Authority upon detailed review of new
passenger assembly proposal.
(f) Club and Lodge
One space for every 3 persons that may be accommodated at one
time.
(g) Cat ering
One space for every 3 customers that may be accommodated at
one time.
(h) Funeral Home
One space for every 10 square metres of gross floor area.
(i) Child Care
One space for every 20 square metres of gross floor area.
(j) Amusement
One space for every 10 square metres of gross floor area.
3
(a) Indoor Assembly
One space for every 10 spectators that may be accommodated at
one time.
4
(a) Outdoor Assembly
As specified by the Authority.
B
1
(a) Penal and
As specified by the Authority.
Correctional
Detention
2
(a) Medical Treatment
One space for every 2 patients.
and Special Care
Town of Gillams Development Regulations 2017-2027
Schedule D
Page D
1
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C
1
(a) Single Dwelling
(b) Double Dwelling
(c) Row Dwelling
(d) Apartment Building
2
(a) Collective Residential
(b) Commercial
Residential
(c) Seasonal Residential
(d) Mobile Home
D
1
(a) Office
(b) Medical and
Professional
( c) Personal Service
(d) General Service
(e) Communications
(f) Police Station
(g) Taxi stand
(h) Take-out Restaurant
(i) Veterinary
E
1
(a) Shopping Centre
(b) Shop
(c) Indoor Market
(d) Outdoor Market
(e) Convenience Stores
F
1
(a) Hazardous Industry
2
(b) General Industry
( c) Service Station
3
(a) light Industry
Town of Gillams Development Regulations 2017-2027
Two spaces for every dwelling unit.
Two spaces for every dwelling unit.
Two spaces for every dwelling unit.
Three spaces for every 2-4 dwelling units.
As specified by the Authority.
One space for every guest room.
One space for every residential unit.
Two spaces for every dwelling unit.
One space for every 20 square metres of gross floor area.
One space for every 20 square metres of gross floor area.
One space for every 20 square metres of gross floor area.
One space for every 20 square metres of gross floor area.
As specified by the Authority.
As specified by the Authority.
As specified by the Authority.
One space for every 20 square metres of gross floor area.
One space for every 20 square metres of gross floor area.
One space for every 15 square metres of gross floor area.
One space for every 20 square metres of gross floor area.
As specified by the Authority.
As specified by the Authority.
One space for every 20 square metres of gross floor area.
One space for every employee.
One space for every employee.
One space for every 20 square metres of gross floor area.
One space for every employee.
Schedule D
Page D- 2
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