Town of Glenwood Development Regulations

Glenwood, Newfoundland and Labrador

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TOWN OF GLENWOOD DEVELOPMENT REGULATIONS IMPORTANT: To see if there were any changes to this plan since it came into effect, please refer to: List of Development Regulation Amendments THE URBAN AND RURAL PLANNING ACT TOWN OF GLENWOOD LAND USE ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS PUBLISHED BY AUTHORITY The Council of the Town of Glenwood hereby adopts the following Land Use Zoning, Subdivision and Advertise- ment Regulations as required by section 37 of The Urban and Rural Planning Act. Made and adopted by the Council of the Town of ,. d .. Glenwood, on the 30 ·'day of Wpr1I , 199i. Approved by me at st. John's this I~ bf;.., day of ~, 1991. ER A GULLAGE, C.L .- , M.H.A. Minis er of Municip, 1 and Provincial Affair All persons are hereby requested to take notice that anyone who wishes to view these Regulations may do so at the Office of the Town Clerk of the Town Council of Glenwood. Regulation Number 1. 2. 3. 4. s. 6. 7. 8. 9. 10. 11. 12. 13. 14. 1 s. 16. 1 7. 18. 19. 20. 21. 2 2. 2 3. 24. 25. 26. 2 7. 28. ( i i l T A B L E 0 F C 0 N T E N T S APPLICATION Short Title Interpretation Commencement Municipal Code and Regulations Authority PART 1 - GENERAL REGULATIONS Compliance with Regulations ............ . Permit Required ........................ . Permit to be Issued Permit not to be Issued in Certain Cases . Discretionary Powers of Authority ...... . Variances by Authority ................. . Service Levy Financial Guarantees by Developer Dedication of Land for Public Use Reinstatement of Land Form of Application Register of Application Deferment of Application Outline Planning Permission Development Permit ..................... . Reasons for Refusing Permit ............ . Notice of Application .................. . Right of Entry ......................... . Record of Violations Stop Work Order and Prosecution Local Board of Appeal Established Appointment of Local Board of Appeal Appeal Board to Act as Local Board of App ea 1 ............................... . Page l l 1 2 2 3 3 3 4 s 5 7 9 10 10 10 11 l 2 1 2 13 15 I 6 16 16 1 7 17 17 19 (iii) Regulation Number 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 4 3. 44. 45. 46. 4 7. 48. 49. so. 51. 52. 53. 54. SS. 56. 5 7" Appeals to Local Board of Appeal Effect of Decision by Local Board of Appeal .............................. . Development may not Proceed PART II GENERAL DEVELOPMENT STANDARDS Accesses and Service Streets Accessory Buildings Advertisements Buffer Strips Building Height Building Line and Setback Family and Group Care Centres Height Exceptions Livestock Structures and Uses Lot Area Lot Area and Size Exceptions Lot Frontage Mobile Homes Non-Conforming Uses Offensive and Dangerous Uses ............ . Off-street Parking Requirements ......... . Off-street Loading Requirements Parks and Playgrounds and Conservation Uses .................................... Screening and Landscaping Services and Public Utilities .......... .. Service Stations ....................... .. Sideyards ....................... · · · · · · · · · · Street Construction Standards · ·. · · · · · · · · · Subsidiary Apartments ........ ···· ···· ··· · llnsubdivided Land ............... · · · · · · · · · Zero Lot Line and Other Comprehensive Development .............. ·. · · · · .. · · · · · - · · Page 19 22 22 23 23 24 24 25 25 25 26 26 28 28 29 29 30 32 33 36 37 37 38 38 39 3 SI 39 40 40 Regulation Number 58. 59. 60. 61. 62. 63. 64. 65. 66. 6 7. 6 8. 69. 70. 71. 72. 7 3. 74. 75. 76. 77. 78. (iv) PART III ADVERTISEMENTS Permit Required Form of Application Advertisements Prohibited in Street Reservation ......................... . Permit Valid for Limited Period Removal of Advertisements Advertisements Exempt from Control Approval Subject to Conditions ....... . Non-Conforming Uses PART IV SUBDIVISION OF LAND Permit Required Services to be Provided Payment of Service Levies and other Charges ....................... · · · · .. . Issue of Permit subject to Considerations ...................... . Building Permits Required Form of Application Subdivision subject to Zoning ........ . Building L·ines ....................... . Land for Public Open Space ........... . Structure in Street Reservation Subdivision Design Standards Engineer to Design Works and Certify Construction Layout ................. . Developer to Pay Engineer's Fees and Charges ............................. . Page 41 41 41 41 42 42 44 44 45 45 45 46 47 47 48 48 48 50 so 53 54 (v) Regulation Number 79. so. 81. 82. 8 3. 84. 85. 86. 87. Street Works may be Deferred Transfer of Streets and Utilities to Authority .............................. . Restriction on Sale of Lots Grouping of Dwellings and Landscaping PART V Use Zones Use Classes Permitted uses Discretionary Uses Uses Not Permitted USE ZONES Page 55 56 57 57 59 59 60 60 60 SCHEDULE A SCHEDULE B SCHEDULE C SCHEDULE D SCHEDULE E (Vi) S C H E D U L E S Definitions Classifications of Uses of Land and Buildings Use Zone Tables Off-street Parking Requirements Land Use zoning Maps A and B TOWN OF GLENWOOD MUNICIPAL PLAN LAND USE ZONONG. SUBDIVISION AND ADVERTISEMENT REGULATIONS APPLICATION SHORT TITLE 1. These Regulations may be cited as the Town of Glenwood Development Regulations. INTERPRETATION 2. (1) Words and phrases used in these Regulations shall have the meanings ascribed to them in Schedule A. (2) Words and phrases not defined in Schedule A shall have the meanings which are commonly assigned to them in the context in which they are used in the Regulations. COMMENCEMENT 3. These Regulations come into effect throughout the Glenwood Municipal Planning Area, hereinafter referred to as the Planning Area, on the date of publication of a notice to that effect in the Newfoundland Gazette. MUNICIPAL CODE AND REGULATIONS 4. The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and any other ancillary code and any Building Regulation, Waste Disposal Regulation and/or any other municipal regulations regulating or controlling the development, conservation and use of land in force in the Town of Glenwood shall, under these Regulations apply to the entire Planning Area. AUTHORITY 5. In these Regulations, "Authority" means the Council of the Town of Glenwood. PART 1 - GENERAL REGULATIONS COMPLIANCE WITH REGULATIONS 6. No development shall be carried out within the Planning Area except in accordance with these Regulations. PERMIT REQUIRED 7. No person shall carry out any development within the Planning Area except where otherwise provided in these Regulations unless a permit for the development has been issued by the Authority. PERMIT TO BE ISSUED 8. Subject to Regulations 9 and 10, a permit shall be issued for development within the Planning Area that conforms to: (a) the general development standards set out in Part II of these Regulations, the require- ments of Part V of these Regulations, and the use classes, standards, requirements, and conditions prescribed in Schedule C of th~se Regulations for the use zone in which the proposed development is located; PART I General Regulations Page 4 (b) the standards set out in the Building Code and/or other ancillary codes, and any Building Regulation, Waste Disposal Regu- lation, and/or any other municipal regulation in force in the Planning Area regulating or controlling development, conservation and use of land and buildings; (c) the standards set out in Part III of these Regulations in the case of advertisement; (d) the standards set out in Part IV of these Regulations in the case of subdivision; (e) the standards of design and appearance established by the Authority. PERMIT NOT TO BE ISSUED IN CERTAIN CASES 9. Neither a permit nor outline planning permission 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 PART I - General Regulations Page 5 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. DISCRETIONARY POWERS OF AUTHORITY 10. In considering an application for a permit or for outline planning permission to carry out develop- ment, the Authority shall take into account the policies expressed in the Municipal Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the general appearance of the development, its effect on the overall development of the area, the amenity of the surroundings, availability of utilities, public safety and convenience, and any other considerations which are, in its opinion, material, and notwith- standing the conformity of the application with the requirements of these Regulations, the Authority may, in its discretion, and as a result of its consider- ation of the matters set out in this Regulation, conditionally approve or refuse the application. VARIANCES BY AUTHORITY 11. (1) Where a permit cannot be granted because the proposed development does not comply with these Regulations, the Authority may in its discretion PART I - General Regulations Page 6 vary the requirements to literal conformity with the Regulations if, in the Authority's opinion, the requirements would prejudice the proper development of the land, building or structure in question, or be contrary to the public interest. (2) Variance from these Regulations pursuant to Regulation 11(1) shall only be authorized in the following circumstances: (a) if, in the opinion of the Authority, such variance 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) if the variance does not change the permitted use of the property; (d) 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; PART I - General Regulations Page 7 (e) if, prior to authorization of such variance, the Authority has given notice of the application in accordance with Regulation 22 and has considered any objections or representations which may have been received on the matter. (3) Variance from these Regulations pursuant to Regulation 11(1) shall not be authorized if such variance, when considered together with other variances made or to be made in respect of the same land, building or structure, would have a cumulative effect contrary to the general intent of these Regulations, the Municipal Plan, or any further scheme, plan or regulation pursuant thereto, even though the variances individually would not have such effect. SERVICE LEVY 12. (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. PART I - General Regulations Page 8 (2) A service levy shall not exceed the cost, or estimated cost, including finance charges to the Authority of constructing or improving the public works referred to in Regulation 12(1) that are necessary for the real property to be developed in accord- ance with the standards required by the Authority and for uses that are permitted on that real property. (3) A service levy shall be assessed on the real property based on (a) the amount of real property benefitted by the public work related to all the real property so benefitted; and, (b) the density of development made capable or increased by the public work. (4) The Authority may require a service levy to be paid by the owner of the real property; (a) at the time the levy is imposed; (b) at the time development of the real property commences; (c) at the time development of the real property is completed; or, PART I - General Regulations Page 9 (d) at such other time as the Authority may decide. FINANCIAL GUARANTEES BY DEVELOPER 13. (1) The Authority may require a developer before commencing a development to make such financial provisions and/or enter into such agreements as may be required to guarantee the payment of service levies, ensure site reinstatement, and to enforce the carrying out of any other condition attached to a permit or licence. (2) The financial provisions pursuant to Regulation 13(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 b.y an insurance company or a bank; or, (d) an annual contribution to a sinking fund held by the Authority. PART I - General Regulations Page io DEDICATION OF LAND FOR PUBLIC USE 14. In addition to the requirements for dedication of land under Regulation 74, the Authority may require the dedication of a percentage of the land area of any subdivision or other develop- ment for public use, and such land shall be conveyed to the Authority in accordance with the provisions of the Act. REINSTATEMENT OF LANO 15. Where the use of land is discontinued or the intensity of its use is decreased, the Authority may order the developer, the occupier of the site, or the owner or all of them to reinstate the site, to remove all or any buildings or erections, to cover or fill all wells or excavations, and to close all or any accesses, or to do any of these things or all of them, as the case may be, and the developer, occupier or owner shall carry out the order of the Authority and shall put the site in a clean and sanitary condition to the satisfaction of the Authority. FORM OF APPLICATION 16. (1) An application for a development permit or PART I - General Regulations Page 11 for outline planning permission shall be made only by the owner or by a person authorized by the owner to the Authority on such form as may be prescribed by the Authority, and every application shall include such plans, specifications and drawings as the Authority may require, and be accompanied by the permit fee required by the Authority. (2) The Authority shall, on request, supply to every applicant a copy of the application forms referred to in Regulation 16(1) and a description of the plans, specifications and drawings required to be provided with the application. REGISTER OF APPLICATION 17. The Authority shall keep a public register of all applications for development, and shall enter therein the Authority's decision upon each appli- cation and the result of any appeal from that decision. PART I - General Regulations Page 12 DEFERMENT OF APPLICATION 18. (1) The Authority may, with the written agreement of the applicant, defer consideration of an applica~ion. (2) Applications properly submitted iri accord- ance with these Regulatibns which have not been determined by the Authority and on which a decision has not been communicated to the applicant within eight weeks of the receipt thereof by the Authority, and on which consideration has not been deferred in accordance with Regulation 18(1), shall be deemed to be refused. OUTLINE PLANNING PERMISSION 19. (1) The Authority may grant outline planning permission for the erection, alteration or conversion of a building if, after considering an application for outline planning permission made under these Regulations, it is satisfied that the proposed development is, subject to the approval of detailed plans, in compliance with these Regulations. (2) Where outline planning permission is granted under this Regulation, it shall be subject PART I - General Regulations Page 13 to the subsequent approval by the Authority of such details as may be listed in the outline planning permission, which shall also specify that further application for approval of these details shall be received not later than two years from the grant of outline planning permission. DEVELOPMENT PERMIT 20. (1) A plan or drawing which has been approved by the Authority and which bears a mark and/or signature indicating such approval together with a permit shall be deemed to be 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 outline planning permission such conditions as it deems fit in order to ensure that the proposed PART I - General Regulations Page 14 development will be in accordance with the purposes and intent of these Regu- lations. (3) Where the Authority deems necessary, permits may be issued on a temporary basis for a period not exceeding two years, which may be extended in writing by the Authority for further periods not exceeding two years. (4) A permit is valid for such period, not in excess 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 III of these Regulations. (S) The approval of any application and plans or drawings or the issue of a permit shall not prevent the Authority from thereafter requiring the correction of errors, or from ordering the cessation, removal of, or remedial work on any development being carried out in the event that the same is in violation of this or any other regulations or statute. PART I - General Regulations Page IS (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 speci- fications on which the issue of the permit was based during the whole progress of the work, or the doing of the matter or thing until completion. REASONS FOR REFUSING PERMIT 21. The Authority shall, when refusing to issue a permit or attaching conditions to a permit, state the reasons for so doing. P~~r I - General ~egulations Page 16 NOTICE OF APPLICATION 22. The Authority may, and when a variance is neces- sary under Regulation 11, when a change in non- conforming use is to be considered under Regula- t ion 45, or when the development proposed is listed as a discretionary use in Schedule C of the Regulations shall, at the expense of the appli- cant, give notice of an application for a permit or for outline planning permission, by public advertisement in a newspaper circulating in the area or by any other means deemed necessary. RIGHT OF ENTRY 23. The Authority, the Director, or any inspector may enter upon any public or private land and may at a 11 reasonable times enter any deve 1 opment or building upon the 1 and for the purpose of making surveys or examinations or obtaining information re 1 at i ve to the carrying out of any deve 1 opment, construction, alteration, repair, or any other works whatsoever which the Authority is empowered to regulate. RECORD OF VIOLATIONS 24. Every inspector shall keep a record of any vio- 1 at ion of these Regulations which comes to PART I - General Regulations Page 17 his knowledge and report that violation to the Authority. STOP WORK ORDER AND PROSECUTION 25. (l) Where a person begins a development contrary or apparently contrary to these Regulations, the Authority may order that person to stop the development or any work connected there- with pending final adjudication in any prose- cution arising out of the development. (2) A person who does not comply with an order made under Regulation 25(1) is guilty of an offence under the provisions of the Act. LOCAL BOARD OF APPEAL ESTABLISHED 26. A Local Board of Appeal shall be appointed to hear all appeals arising from these Regulations. APPOINTMENT OF LOCAL BOARD OF APPEAL 27. (1) The Authority may, subject to the approval of the Minister, appoint not less than three and not more than five persons to constitute the Local Board of Appeal. PART I - General Regulations Page 18 (2) The Authority under Regulation 27(1) shall not appoint elected or appointed officials of the Authority to be members of the Local Board of Appeal. (3) Every member of the Local Board of Appeal shall be appointed for such periods, not exceeding the term of office of the Authority, as may be deemed appropriate by the Authority, and shall be eligible for re-appointment. (4) The Local Board of Appeal shall be presided over by a Chairman appointed from among its members by the Authority or in the absence of the Chairman, such member as the members present shall from among themselves appoint. (5) A majority of the members of the Local Board of Appeal shall constitute a quorum. (6) The Authority may by a two-thirds vote of its members provide for remuneration to be paid to members of the Local Board of Appeal and may prescribe the amount. (7) Where a Local Board of Appeal has been appointed and approved under Regulation 27(1), the Clerk of the Authority shall be the Secr~tary of that Local Board of Appeal. PART I - General Regulations Page 19 APPEAL BOARD TO ACT AS LOCAL BOARD OF APPEAL 28. Where a Local Board of Appeal has not been appointed and approved by the Minister under Regulation 27(1), the appropriate Appeal Board established under the provisions of the Act shall be deemed to have been appointed as the Local Board of Appeal, and shall carry out the functions and e~ercise the same powers as if it were appointed a Local Board of Appeal under Regulation 27(1), but it shall not be obliged to hold appeal hearings within the Planning Area or to hear appeals within the time limits established under these Regulations. APPEALS TO LOCAL BOARD OF APPEAL 29. (1) The Local Board of Appeal shall hear appeals from decisions of the Authority made under these Regulations and shall either confirm the decision or recommend to the Authority that the decision be varied or reversed. (2) Any person may appeal to the Local Board of Appeal from a decision of the Authority made under these Regulations. (3) An appeal shall be submitted in writing to PART I - General Regulations Pag~ 20 the Authority within thirty days of the date of the decision appealed from and shall state the circumstances and grounds of the appeal. (4) Within one week of receiving an appeal, the Authority shall forward it to the Local Board of Appeal together with a copy of the application appealed from and all other correspondence, plans and pertinent information. (S) The Local Board of Appeal shall meet to hear an appeal within sixty calendar days after that appeal has been filed with the Authority, and shall make its decision known in writing to the Authority and to the appellant within two weeks of hearing the appeal. (6) The Authority, the appellant, and any other person likely to be affected by the appeal, shall be advised of the time and place of the appeal hearing by the Secretary at least one week before the appeal is to be heard. (7) The Authority and the appellant are entitled, but are not bound, to appear before the Local Board of Appeal either personally or by representatives appointed by them. PART I - General Regulations Page 21 (8) The Local Board of Appeal shall consider and determine each appeal in accordance with the intent of these Regulations and the Municipal Plan and any further plan, scheme or regulations that are in force, having due regard to the circumstances and merits of the particular case and the use of discretionary powers by the Authority. (9) In determining an appeal, the Local Board of Appeal shall be bound by the Municipal Plan and any further scheme or plan that is in force under the Act. (10) Every member of a Local Board of Appeal shall be subject to the provisions of the Municipalities Act with respect to conflict of interest as if he were a councillor elected under that Act. (11) The decision of a majority of the members of the Local Board of Appeal present, excluding all members prohibited from voting because of conflict of interest, shall be the decision of the Board whose decision shall not be subject to further appeals to any other Appeal Board constituted under the Act. PART I - General Regulations Page 22 (12) If a Local Board of Appeal is unable to decide an appeal because of the conflict of interest of a majority of its members, the Authority shall, subject to the approval of the Minister, and for that appeal only, appoint other persons to replace those members so affected. EFFECT OF DECISION BY LOCAL BOARD OF APPEAL 30. The Authority shall be bound to carry out the recommendations of the Local Board of Appeal unless another course of action is determined by a vote of two-thirds of the members of the Authority, which action shall not be subject to further appeal. DEVELOPMENT MAY NOT PROCEED 31. Where an appeal is made from a decision of the Authority, the development concerned shall not proceed pending a decision on the appeal and the subsequent issue of all required permits. PART II GEiJERAL DEVELOPMENT STA::DARDS ACCESSES AND SERVICE STREETS 32. (1) Accesses shall be located to the specifi- cation of the Authority so as to ensure the greatest possible convenience and safety of the street system and the Authority may prescribe the construction of service streets to reduce the number of accesses to collector and arterial streets. (2) No vehicular access shall be closer than 10 metres to the street line of any street intersection. ACCESSORY BUILDINGS 33. (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) No accessory building or part thereof shall project in front of any building line. (3) The sideyard requirements set out in the use zone tables in these Regulations shall ~pply to accessory buildings wherever they are PART II - General Development Standards P~ge 24 located on the lot but accessory buildings on two (2) adjoining properties may be built to property boundaries provided they shall be of fire resistant construction and have a common firewall. ADVERTISEMENTS 34. Advertisements shall not be erected or displayed except in accordance with Part III of these Regu- lations. BUFFER STRIPS 35. Where any industrial development permitted in any Use Zone abuts an existing or proposed residential area, or is separated from it by a road only, the owner of the site of the industrial development shall provide a buffer strip not less than ten (10) metres wide between any residential activity and the industrial area. The buffer shall include the provision of such natural or structural barrier as may be required by the Authority and shall be maintained by the owner or occupier to the satisfaction of the Authority. BUILDING HEIGHT PART II - General Development Standards Page 25 36. 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 rearyard requirements shall be varied as follows: (a) The building line setback shall be increased by 2 metres for every l metre increase in height. (b) The rearyard shall not be less than the minimum building line setback calculated as described in (a) above plus 6 metres. BUILDING LINE AND SETBACK 37. The Authority, by resolution, may establish building lines on any existing or proposed street or service street and may require any new buildings to be located on those building lines, whether or not such building lines conform to the standards set out in the tables in Schedule C of these Regu- lations. FAMILY AND GROUP CARE CENTRES 38. Family and group care centre use is permitted in any dwelling or apartment that is adequate in size PART II - General Development Standards Page 26 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. HEIGHT EXCEPTIONS 39. The height requirements prescribed in Schedule C of these Regulations may be waived in the case of communication masts and antennae, flagpoles, water towers, spires, belfries, or chimneys, but any such waiver which results in an increase of more than 20% in the permitted height of the structure shall only be authorized under the provisions of Regulation 11. LlVLS'fOCK STRUCTURES AND USES 40. (1) No structure designed to contain more than five animal units shall be erected or PART II - General Development Standards Page 27 used unless it complies with the following requirements: (a) The structure shall be at least 600 m from a residence, (except a farm residence or a residence which is a non-conforming use in any zone in which agriculture is a permitted use class in the Use Zone Tables in Schedule C of these Regulations), and, from an area designated for residential use in an approv- ed Plan, and, from a Provincial or Federal Park. (b) The structure shall be at least 60m from the boundary of the property on which it is to be erected. (c) The structure shall be at least 90m from the centre line of a street. (d) The erection of the structure shall be approved by the Department of Rural, Agri cultural and Northern Development and the Department of the Environment. (2) No development for residential use shall be permitted within 6DOm of an existing structure designed to contain more than five animal units unless the development is first approved by the Department of Rural, Agricultural and Northern Development. PART II - General Development Standards Page 28 LOT AREA 41. (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 front yard, rear yard, side yard, frontage or lot area that is less than that permitted by these Regu- lations for the zone in which such lot is located. (2) Where any part of a lot is required by these Regulations to be reserved as a yard, it shall continue to be so used regardless of any change 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. LOT AREA AND SIZE EXCEPTIONS 42. Where, at the time of coming into effect of these Regulatio~s, one or more lots already exist in any residential zone, with insufficl~nt frontage or area to permit the owner or purchaser of such a lot or lots to comply with the provisions of these PART II - General Development Standards Page 29 Regulations, then these Regulations shall not prevent the issuing of a permit by the Authority for the erection of 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. LOT FRONTAGE 43. Except where specifically provided for in the Use Zone Tables in Schedule C of these Regulations, no residential or commercial building shall be erected unless the lot on which it is situated fronts directly onto a street or forms part of a Comprehensive Development Scheme. MOBILE HOMES 44. (1) Groups of more than five mobile homes shall be located only in approved mobile home parks and mobile home subdivisions in Residential Use Zones so designated and shall conform to the requirements of the Provincial Mobile Home Development Regulations currently in effect. oJ~T :r - General Development Requlations Page 30 (2) No development permit shall be issued for a mobile home lot unless it conforms with the requirements of Regulation 23 of the Mobile Home Development Regu- lations. NON-CONFORMING USES 45. (1) Any legal use of buildings or land at the date of the coming into effect of these Regulations may although not conforming with the Regulations of the Use Zone In which they are located. (a) be continued or (b) be changed to another non-conforming use if after notice of an application to change the use has been given in accordance with Regu- lation 22 and consideration given to any objections or representations which may have been received on the matter, It is the Authority's opinion, that the new use is more compatible with the permitted use(s) in the Use Zone in which the building is located. (2) A building, which is legally used for a purpose ~ot permissible within the zone in which it is lo~ated, shall not be enlarged, extended, recon- structed, or altered structurally, unless such building is thereafter to be used for a purpose ~ermitted within that zone, provided that: (a) the interior of such building may be per- mitted by the Authority to be reconstructed PART II - Gener.11 Jeveloprnent Stan'.Jclcjs Page 31 or altered, in order to render it more con- venient or commodious for the same purpose for which such building is legally used; (b) any building which at the date of the com- ing into effect of these Regulations is being used in a zone where such use is not permissible may be permitted by the Authority to be altered structually or extended by not more than fifty percent of its original floor area if such alter- ations or extensions conform to all the requirements of these Regulations except those pertaining to land use, and are confined to the existing lot; (3) A building which is legally used for any purpose but which does not conform to the Regulations of the Use Zone in which it is located, and which subsequently suffers damage or deterioration to an extent greater than fifty percent of its replacement value, excluding land, shall not be reconstructed except in conformity with the Regulations for the Use Zone in which such building is located, provided that: (a) the owner of such building may within one year of such damage taking place make application to the Authority for a permit to reconstruct the building for the same purpose for which it was legally used. PA~T !I - General Development qegulations Page 32 (b) the Authority shal 1 before the expiration of sixty (60) days from the day on which a complete application is received to construct such a building. i) serve a notice of expropriation in accordnace with the Act; or ii) indicate its willingness to issue a OFFENSIVE AND DANGEROUS USES permit to develop providinq that the reconstruction of the bui ldinq conforms to a 11 the requirements of these Regulations except those pertaining to land use, and that any such development takes place within the existing curtilage of the lot. 46. No building or land shall be used for any purpose which may be dangerous by causing or promoting fires or other hazards or which may emit noxious, offensive or dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive PART II - General Development Standards Page 33 noise or vibration, or create any nuisance that has an unpleasant effect on the senses unless its use is authorized by the Authority and any other authority having jurisdiction. OFFSTREET PARKING REQUIREMENTS 47. (l] For every building, structure or use to be erected, enlarged or established, there shall be provided and maintained a quantity of off-street parking spaces sufficient to ensure that the flow of traffic on adjacent streets is not impeded by the on-street parking of vehicles associated with that building, structure or use. (2) The number of parking spaces to be provided for any building, structure, use of occupancy shall conform to the standards set out in Schedule D of these Regulations. (3) Each parking space, except in the case of one or two-family dwellings, shall be made accessible by means of a hard surfaced right- of·way at least 3 m in width. Parking required in a Residential Zone shall be provided on the same lot as the dwelling or dwellings. PART II - General Development Standards Page 34 Parking space for apartments shall be provided in the rear yard where possible. In a Non-Residential Zone, parking spaces shall be provided within the limits of the zone in which the use is situated and not more than 200 m distant from the use con- cerned. (4) The parking facilities required by this Regulation shall, except in the case of single or attached dwellings, be arranged so that it is not necessary for any vehicle to reverse onto or from a street. (S) Where, in these Regulations, parking facilities for more than four vehicles are required or permitted: (a) parking space shall mean an area of land, not less than lS m2 in size, capable of being used for the parking of a vehicle withaut the need to move other vehicles on adjacent areas; (b) the parking area shall be constructed and maintained to the specifications of the Authority; (cl the lights used for illumination of the parking area shall be so arranged as to PART II - General Development Standards Page 35 divert the light away from adjacent development; (d) a structure, not more than 3 m in height and more than S m2 in area may be erected in the parking area for the use of attendants in the area; (e) except in zones in which a service station is a permitted use, no gasoline pump or other service station equipment shall be located or maintained on a parking area; (f) no part of any off-street parking area shall be closer than 1.5 m to the front lot line in any zone; (g) access to parking areas in non-residential zones shall not be by way of residential zones. (h) where a parking area is in or abuts a residential zone, a natural or structural barrier at least l m in height shall be erected and maintained along all lot lines. (i) where, in the opinion of the Authority, strict application of the above parking requirements is impractical or undesirable, the Authority may as a condition of a permit require the developer to pay a PART II - General Development Standards Pag~ 36 service levy in accordance with these Regulations in lieu of the provision of a parking area, and the full amount of the levy charged shall be used by the Authority for the provision and upkeep of alternative parking facilities within the general vicinity of the develop- ment. OFF-STREET LOADING REQUIREMENTS 48. (1) For every building, structure or use to be erected, enlarged or established requiring the shipping, loading or unloading of animals, goods, wares or merchandise, there shall be provided and maintained for the premises loading facilities on land that is not part of a street comprised of one or more loading spaces, 15 m long, 4 m wide, and having a vertical clearance of at least 4 m with direct access to a street or with access by a drive- way of a minimum width of 6 m to a street. (2) The number of loading spaces to be provided shall be determined by the Authority. (3) The loading facilities required by this Regu- lation shall be so arranged that vehicles can PART II - General Development Standards Page 37 manoeuvre clear of any street and so that it is not necessary for any vehicle to reverse onto or from a street. PARKS AND PLAYGROUNDS, AND CONSERVATION USES 49. Nothing in these Regulations shall prevent the designation of conservation areas or the establish- ment of parks and playgrounds in any zones provided that such parks and playgrounds are not located in areas which may be hazardous to their use and are not operated for commercial purposes. SCREENING AND LANDSCAPING so. 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 con- dition of any development permit where, in the opinior. of the Authority, the landscaping or screening is desirable to preserve amenity, or protect the environment. PART II - General Development Standards PaJe 38 SERVICES AND PUBLIC UTILITIES 51. The Authority may within any zone permit land to be used in conjunction with the provision of public services and public utilities if the use of that land is necessary to the proper operation of the public service or public utility concerned provided that the design and landscaping of any development of any land so used is, in the opinion of the Authority, adequate to protect the character and appearance of the area. SERVICE STATIONS 52. The following requirements shall apply to all proposed service stations: (a) All gasoline pumps shall be located on pump islands designed for such purpose, and to which automobiles may gain access from either side. (b) Pump islands shall be set back at least 4 metres from the front lot line. (c) Accesses shall not be less than 7 metres . wide and shall be clearly marked, and where a service station is located on a corner lot, the minimum distance between SI DEY ARDS PART II - General Development Standards Page 39 an access and the intersection of street lines at the junction shall be 10 metres and the lot line between entrances shall be clearly indicated. 53. A sideyard which shall be kept clear of obstruction shall be provided on the exposed sides of every building in order to provide access for the mainten- ance of that building. STREET CONSTRUCTION STANDARDS 54. A new street may not be constructed except in accordance with and to the design and specific- ations laid down by the Authority. SUBSIDIARY APARTMENTS SS. Subsidiary apartments may be permitted in single dwellings only, and for the purposes of calculating lot area and yard requirements, shall be considered part of the self-contained dwelling. PART II . General Development Standards Page 40 UNSUBDIVIDED LAND 56. Development is not permitted on unsubdivided land unless sufficient area is reserved to satisfy the yard and other allowances called for in the Use Zone in which it is located and the allowances shall be retained when the adjacent land is developed. ZERO LOT LINE AND OTHER COMPREHENSIVE DEVELOPMENT 57. The Authority may, at its discretion, approve the erection of dwellings which are designed to form part of a zero lot line development or other com?re- hensive layout which does not, with the exception of dwelling unit floor area, meet the requirements of the Use Zone table in Schedule C, provided that the dwellings are designed to provide both privacy and reasonable access to natural daylight and the overall density within the layout conforms to the regulations and standards set out in the Use Zone table apply where the layout adjoins other develop- ment. PERMIT REQUIRED 58. Subject to the provisions of Regulation 63, no advertisement shall be erected or displayed in the Planning Area unless a permit for the adver- tisement is first obtained from the Authority. FORM OF APPLICATION 59. Application for a permit to erect or display an advertisement shall be made to the Authority in accordance with Regulation 16. ADVERTISEMENTS PROHIBITED IN STREET RESERVATION 60. No advertisement shall be permitted to be erected or displayed within, on or over any highway or street reservation. PERMIT VALID FOR LIMITED PERIOD 61. A permit granted under these Regulations for the erection or display of an advertisement shall be for a limited period, not exceeding two years, but PART III - Advertisements Page 42 may be renewed at the discretion of the Authority for similar periods. REMOVAL OF ADVERTISEMENTS 62. Notwithstanding the provisions of these Regulations, the Authority may require the removal of any advert- isement which, in its opinion, is: (a) hazardous to road traffic by reason of its siting, colour, illumination, or structural condition; or, (b) detrimental to the amenities of the surround- ing area. ADVERTISEMENTS EXEMPT FROM CONTROL 63. The following advertisements may be erected or displayed in the Planning Area without appli- cation to the Authority: (a) on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 m2 in area; (b) on an agricultural holding or farm, a notice board not exceeding l m2 in area and relating to the operations being con- ducted on the land; PART III - Advertisements Page 43 (c) on land used for forestry purposes, signs or notices not exceeding 1 m2 in area and relating to forestry operations or the location of logging operations conducted on the land; (d) on land used for mining or quarrying opera- tions, a notice board not exceeding 1 m2 in area relating to the operation conducted on the land; (e) on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 m2 in area 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. (g) on the principal facade of any commercial, industrial or public building, the name of the building or the name of the occupants of the building, in letters not exceeding one-tenth of the height of that facade or 3 m, whichever is the lesser. PART III - Advertisements Page 44 (h) on any parking lot directional signs and one sign not exceeding l m2 in size, identifying the parking lot. APPROVAL SUBJECT TO CONDITIONS 64. A permit may only be issued for the erection or display of advertisements which comply with the appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these Regulations. NON-CONFORMING USES 65. Notwithstanding the provisions of Regulation 58, 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. PART IV SUBDIVISION OF LAND PERMIT REQUIRED 66. No land in the Planning Area shall be subdivided unless a permit for the development of the sub- division is first obtained from the Authority. SERVICES TO BE PROVIDED 67. No permit shall be issued for the development of a subdivision unless provisions satisfactory to the Authority have been made in the appli- cation for a supply of drinking water, a properly designed sewage disposal system, and a properly designed storm drainage system. PAYMENT OF SERVICE LEVIES ANO OTHER CHARGES 68. 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 stre~ts deemed necessary for the proper develop- ment of the subdivision, and all service levies and other charges imposed under Regulations 12 and 13. PART IV - Subdivision of Land Page 46 ,. ISSUE OF PERMIT SUBJECT TO CONSIDERATIONS 69. A permit shall not be issued when, in the opinion of the Authority, the development of a subdivision does not contribute to the orderly growth of the municipality and does not demonstrate sound design principles. In considering an application, the Authority shall, without limiting the generality of the foregoing, consider: (a) the location of the land; (b) the availability of and the demand created for schools, services, and utilities; (c) the provisions of the Plan and Regulations affecting the site; (d) the land use, physical form and character of adjacent developments; (e) the transportation network and traffic densities affecting the site; (f) the relationship of the project to existing or potential sources of nuisance; (g) soil and subsoil characteristics; (h) the topography of the site and its drainage; PART IV - Subdivision of Land Page 47 (i) natural features such as lakes, streams, topsoil, trees and shrubs; (j) prevailing winds; (k) visual quality; (1) community facilities; (m) energy conservation; (n) such other matters as may affect the proposed development. BUILDING PERMITS REQUIRED 70. Notwithstanding the approval of a subdivision by the Authority, a separate building permit shall be obtained for each building proposed to be erected in the area of the subdivision, and no building permit for any building in the area shall be issued until the developer has complied with all the provisions of these Regulations with respect to the development of the subdivision. FORM OF APPLICATION 71. Application for a permit to develop a subdivision shall be made to the Authority in accordance with Regulation 16. PART IV - Subdivision of Land Page 48 SUBDIVISION SUBJECT TO ZONING 72. The subdivision of land shall be permitted only in conformity with .the Use Zones delineated on the Zoning Maps. BUILDING LINES 73. The Authority may establish building lines for any subdivision street and require any new building to be located on such building lines. LANO FOR PUBLIC OPEN SPACE 74. (1) Before a development commences, the developer shall, if required, dedicate to the Authority, at no cost to the Authority, an area of land equivalent to not more than 10\ of the gross area of the subdivision or 25 m2 for every dwelling unit permitted in the subdivision, whichever is the greater, for public open space, provided that: (a) where land is subdivided for any purpose oth-r than residential use, the Authority shall determine the percentage of land to be dedicated; (b) if~ in the opinion of the Authority, no public open space is required, the land Arndt. 1/83 PART ,v - Subdivision of Land Page 49 may be used for such other public use as the Authority may determine; (c) the location and suitability of any land dedicated under the provisions of this Regulation shall be subject to the approval of the Authority but in any case, the Authority shall not accept land which, in its opinion is incapable of develop- ment for any purpose; (d) the Authority may accept from the developer in lieu of such area or areas of land the payment of a sum of money equal to the value of the land which would otherwise be required to be dedicated; (e) money received by the Authority in accord- ance with Regulation 74 (1) (d) above, shall be reserved by the Authority for the purpose of the acquisition or development of land for public open space or other public purpose. (2) Land dedicated for public use in accordance with this Regulation shall be conveyed to the Authority and may be sold or leased by the Authority for the purposes of any development that conforms with the requirements of these Regulations, and the proceeds of any sale or other disposition of A.mdt. 2/84 PART IV - Subdivision of Land ~age SO land shall be applied against the cost of acquisition or devel~pment of any other land for the purposes of public open space or other public purposes. (3) The Authority may require a strip of land to be reserved and remain undeveloped along the banks of any river, brook or pond, and this land may, at the discretion of the Authority, constitute the requirement of land for public use under Regulation 74(1). STRUCTURE IN STREET RESERVATION 75. The placing within any street reservation of any structure (for example, a hydro pole, telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign p·ost) shall receive the prior approval of the Authority which shall be satisfied on the question of safe construction and relationship to the adjoining buildings and other structures within the street reservation. SUBDIVISION DESIGN STANDARDS 76· No permit shall be issued for the development of a subdivision under these Regulations unless the design of the subdivision conforms to the following ~tandards: t\mdt' 2/84 PART IV - Subdivision of Land Page 51 (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 m. (c) The maximum length of any cul de sac shall be: i) without emergency vehicle access - 110 m. ii) with emergency vehicle access - 230 m. (d) Emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall connect the head of the 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 s0 of a right angle and this alignment shall be maintained for 30 m from the inter- section. PART IV - Subdivision of Land Pa:ge 52 (h) No street intersection shall be closer than 60 m to any other street inter- section. (i) No more than four streets shall join at any street intersection. (j) No residential street block shall be longer than 490 m between street inter- sections. (k) Streets in residential subdivisions shall be designed in accordance with the approved standards of the Authority, but in the absence of such standards, shall confirm to the following minimum standards: Street Pave- Side- Side- Reser- ment walk walk vat ion Width Width Number Arterial 30 m 15 m 1. 5 m Discretion of Council Collector Streets 20 m 15 m l.5 m 2 Local Residential Streets Where more than SO\ of the units are single or double dwellings 15 m 9 m 1.5 m · l Where SO\ or more of the units are row houses or apartments 20 m 9 m l.S m 2 Service Streets 15 m 9 m 1.5 m Discretion of Council PART IV - Subdivision of Land Page 53 (1) 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 architectoral 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. ENGINEER TO DESIGN WORKS AND CERTIFY CONSTRUCTION LAYOUT 77. (1) Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers and all appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other utilities deemed necessary by the Authority to service the area proposed to be developed or subdivided shall be designed and prepared by or approved by the Engineer. Such designs and specifications shall, upon approval by the Authority, be incorporated in the plan of sub- division. Amdt. 1/83 PART IV - Subdivision of Land Page 54 (2) Upon approval by the A~thority of the proposed subdivision, the Engineer shall certify all work of construction layout preliminary to the construction of the works and thereupon the developer shall proceed to the construction and installation, at his own cost and in accordance with the approved designs and specifications and the construction layout certified by the Engineer, of all such water mains, hydrants, sanitary sewers and all appurtenances and of all such streets and other works deemed necessary by the Authority to service the said area. DEVELOPER TO PAY ENGINEER'S FEES AND CHARGES 78. 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 Association of Professional Engineers of Newfouund- land and in effect at the time the work is carried out. PART IV - Subdivision of Land Page 56 TRANSFER OF STREETS AND UTILITIES TO AUTHORITY 80. (1) The developer shall, following the approval of the subdivision of land and upon request of the Authority, transfer to the Authority, at no cost to the Authority, and clear of all liens and encumbrances: (a) all lands in the area proposed to be developed or subdivided which are approved and designated by the Authority for public use as streets, or other rights-of-way, or for other public use; (b) all services or public works including streets, water supply and distribution and sanitary and storm drainage systems installed in the subdivision that are normally owned and operated by the Authority. (2) Before the Authority shall accept the transfer of lands, services or public works of any subdivision,_ the Engineer shall, at the cost to the developer, test the streets, services and public works installed in the subdivision and certify his satisfaction with their installation. STREET WORKS MAY. BE DEFERRED PART IV - Subdivision of Land Page 55 79. 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 develop· ment of the subdivision but the developer shall deposit with the Authority before approval of his application, an amount estimated by the Engineer as reasonably sufficient to cover the cost of construction and 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. PART IV - Subdivision of Land Page 57 (3) The Authority shall not provide maintenance for any street, service or public work in any subdivision until such time as such street, service or public work has been transferred to and accepted by the Authority. RESTRICTION ON SALE OF LOTS 81. The developer shall not develop or dispose of any lot within a subdivision for the purposes of develop- ment and no building permit shall be issued until the Authority is satisfied that: (a) the lot can be served with satisfactory water supply and sewage disposal systems; and, (b) satisfactory access to a street is provided for the lots. GROUPING OF BUILDINGS AND LANDSCAPING 82. (1) Each plan of subdivision shall make provision for the grouping of building types and for landscaping in order to enhance the visual aspe~ts of the completed development and to I make the most use of existing topography and vegetation. Arndt. 1/83 PART IV - Subdivision of Land Page· SS (2) Building groupings, once approved by the Authority, shall not be changed without written application to and subsequent approval of the Authority. PART V - USE ZONES USE ZONES 83. (1) For the purpose of these Regulations, the Planning Area is divided into Use Zones which are shown on the Zoning Map attached to and forming part of these Regulations. (2) Subject to Regulat~on 83(3), the permitted use classes, discretionary use classes, standards, requirements and conditions applic- able to each Use Zone are set out in the Use Zone Tables in Schedule C of these Regulations. "[3) Where standard~ 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. USE CLASSES 84. The specific uses to be included in each Use Class set out in the Use Zone Tables in Schedule C shall be determined by the Authority in accordance with the classification and examples set out in Schedule B. PART V - Use Zones Page 6()- PERMITTED USES 85. Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that Use Zone. DISCRETIONARY USES 86. Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if the Authority is satisfied that the development would not be contrary to the general intent and purpose of these Regu,lations, 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 22 and has considered any objections or representations which may have been received on the matter. USES NOT PERMITTED 87. Uses that do not fall within the Permitted Use Clas~es or Discretionary Use Classes set out in the appropriate Use Zone Tables in Schedule c. shall not be permitted in that Use Zone. SCHEDULE A DEFINITIONS "ACCESS" means a way, intended for use by vehicles, pedestrians or animals as a means of going from a road, street or highway to land adjacent to it. "ACCESSORY BUILDING" means a detached subordinate building not used for human habitation, located on the same lot as the main building structure or use to which 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. "ACT" means the Urban and Rural Planning Act. SCHEDULE A - Definitions Page. 2 "ADVERTISEMENT" means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertise- ment, announcement or direction; excluding such thing employed wholly as a memorial, or functional advertise- ment of Councils, or other local authorities, public utilities and public transport undertakers, and including any hoarding or similar structure used or adapted for use for the display of advertisements. ' 1AGRICULTURE'' means horticulture, fruit growing, grain growing, seed growing, dairy farming, the breeding or rearing of livestock, including any creature kept for the production of food, wool, skins, or fur, or for the purpose of its use in the farming of land, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds and the use of land for woodlands where that .use is ancillary to the 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, pin ball games and slot machine arcades and billiard and poo1·halls. SCHEDULE A - Definitions Page 3 "ANIMAL UNIT" means any one of the following animals or groups of animals: 1 Bull 1000 Broiler Chickens or roasters (1.8-2.3 kg each) 1 Cow (including calf) 100 Female Mink (including associated males and kits) 100 Female Rabbits (including associated males and litter) 4 Goats X Hogs (based on 453.6 kg- l unit) 1 Horse (including foal) 125 Laying Hens 4 Sheep (including lambs) 1 Sow or Breed Sow (including weaners and growers based on 453.6 kg ~ 1 unit) x Turkeys, Ducks, Geese (based on 2,268 kg- 1 unit). "APARTMENT BUILDING" means a building containing three or more dwelling units, but does not include a row dwelling. "APPEAL BOARD" means the appropriate Appeal Board estab- lished under the Act. "ARTERIAL STREET" means the streets in the Planning Area constituting the main traffic arteries of the area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map. SCHEDULE A - Definitions Page 4 "BOARDING HOUSE" means a dwelling in which at least 2 rooms are regularly rented to persons other then the immediate family of the owner or tenant. "BUILDING" means every structure, erection, excavation, alteration or improvement whatsoever placed on, over or under land, or attached, anchored or moored to land, and includes mobile structures, vehicles and marine vessels adapted or constructed for residential, commercial, industrial and other like uses, and any part of a building as so defined and any fixtures that form part of a building. "BUILDING LINE" means a line established by the Authority to set the horizontal distance between the closest point of a building and the street line. "COLLECTOR STREET" means a street that 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. "DAY CARE CENTRE" or "DAY NURSERY" means a building or part of a building in which services and activities are regularly provided to children of pre-school age during the full daytime period as defined under the Day Nurseries Act, but does not include a school as defined by the Schools Act. SCHEDULE A - Definitions Page S "DEVELOPMENT" means the carrying out of any building, engineering, mining or other operations in, on, over, or under land, or the making of any material change in the use, or the intensity of use of any land, buildings, or premises and without limiting the generality of the foregoing, shall specifically include: a) the making of an access onto a highway, road or way; b) the erection of an advertisement or sign; c) the parking of a trailer, or vehicle of any description used for the sale of refreshments or merchandise, or as an office, or for living accommodation, for any period of time. and shall exclude: d) the carrying out of works for the maintenance, improvement or other alteration or any building, being works which affect only the interior of the building or which do not materially affect the external appearance or use of the building; e) the carrying out by a highway authority of any works required for the maintenance or improve- ment of a road, being works carried out on land within the boundaries of the road reservation; f) the .carrying out by any local authority or statutory undertakers of any works for the purpose of 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; SCHEDULE A - Definitions Page. 6 g) the use of any building or land within the curtilage of a dwelling house for any purpose incidental to the enjoyment of the dwelling house as such. "DIRECTOR" means the Director of Urban and Rural Planning. ''DOUBLE DWELLING'' mearis 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. "DIVELLING UNIT" means a self-contained unit consisting of one or more habitable rooms used or designed as the living quarters for one household. "ENGINEER" means a professional engineer employed or retained by the Authority. "FAMILY AND GROUP CARE CENTRE" means a dwelling accommodating up to but no more than six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this definition includes, but is not limited to, the facilities called "Group Home_s", "Halfway House", and "Foster Home", SCHEDULE A - Definitions Page 7 "FLOOR AREA" means the total area of all 'floors in a building measured to the outside face of exterior walls. "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. "GARAGE" means a building erected for the storage of motor vehicles as an ancillary use to a main building on the lot. "GENERAL INDUSTR'(i!_ 1:1eans 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; and "industry" shall be construed accordingly. ''GENERAL GARAGE" means land or buildings used exclusively for repair, maintenance and storage of motor vehicles and may includa the sale of gasoline or diesel oil. "HAZARDOUS INDUSTRY" means the use of land or buildings for industrial purposes involving the use of materials or SCHEDULE A - Definitions Page ,g processes which because of their inherent character- istics, constitute a special fire, ixplosion, radiation or other hazard. "INSPECTOR" means any person appointed and engaged as an Inspector by the Authority or by any federal or provincial authority or the agent thereof. "INSTITUTION" means a building or part thereof occupied or used by persons who: (a) are involuntarily detained, or detained for penal or correctional purposes, or whose liberty is restricted; or (b) require special care or treatment because of age, mental or physical limitations or medical conditions. "LAND" includes land covered by water, and buildings and structures on, over, or under the soil and fixtures that form part of these buildings and structures. "LIGHT INDUSTRY" means use of any land or buildings for any general industrial use that can be carried out with- out hazard or int.rusion and without detriment to the amenity of the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance. SCHEDULE A - Definitions Page 9 "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 which can be considered as a unit of-land for a particular use or building. "LOT COVERAGE" means the combined area of all buildings on the lot measured at the level of the lowest floor above the established grade expressed as a percentage of the total area of the lot. ''LOT AREA'' means the total horizontal area within the lot lines of the lot. "MINERAL WORKING" means land or buildings used for the working or extraction of any naturally occurring sub- stance. "MOBILE HOME" means a transportable factory-built single family dwelling unit: (a) which complies with space standards substantially equal to those laid down in the Canadian Code for Residential SCHEDULE A - Definitions Page 10 Construction and is in accordance with the construction standards laid down and all other applicable Provincial and Municipal Codes; and, (b) which is designed to be: (i) transported on its own wheels and chassis to a mobile home lot, and subsequently supported on its own wheels, jacks, posts or piers, or on ~ 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. ''MOBILE HOME PARK'' means a mobile home development under single or joint ownership, cared for and controlled by a mobile home park operator where individual mobile home lots are rented or leased· with or without mobile home units placed on them and where ownership and responsibility for the maintenance and development of site facilities including underground services, access roads, communal areas, snow clearing and garbage collection, or any of them, are the responsibility of the mobile home park management, and where the mobile home development is classified as a mobile home park by the Authority. SCHEDULE A - Definitions Page 11 "MOBILE HOME SUBDIVISION" means a mobile home develop- ment requiring the subdivision of land whether in single or joint ownership into two or more pieces or parcels of land for the purpose of locating thereon 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. "OWNER" means any person, firm or corporation controlling the property under consideration. ''PIT AND QUARRY WORKING" carries the same meaning as Mineral Working. "REAR YARD DEP'l!H" means the distance between the rear lot line and the rear wall of the main building on the lot. "RESTAURANT" means a building or part thereof, designed or intended to be used or occupied for the purpose of serving the general public with meals or refreshments for consumption on the premises. "ROW DWELLING" means three or more dwelling units at ground level in one building, each unit separated vertically fr~m the others. SCHEDULE A - Definitions Page 12 "SEASONAL RESIDENCE" means a dwelling which is designed or intended for seasonal or recreational use, and is ~ot intended for use as permanent living quarters. "SERVICE STATION" means any land or building used exclusively for the sale of petroleum products, automotive parts and accessories, minor repairs, washing and polishing of motor vehicles. "SERVICE STREET" means a street constructed parallel to or close to another street for the purpose of limiting direct access to that street. "SHOP" means a building or part thereof used for retail trade wherein the primary purpose is the selling or offering for sale of goods, wares or merchandise by retail or the the selling or offering for sale of retail services but does not include an establishment wherein the primary purpose is the serving of meals or refreshments, an amusement use, a general garage, or a service station. "SHOPPING CENTRE" means a group of shops and comple· mentary uses with integrated parking and which is planned, developed and designed as a unit containing a minimum of S retail establishments. "V" SCHEDULE A - Definitions Page 13 "SIDEYARO WIDTH" means the distance between a side lot line and the nearest side wall of any building on the lot. "SHOWROOM" means a building or part of a building in which samples or patterns are displayed and in which orders may be taken for goods, wares or merchandise, including vehicles and equipment, for later delivery. "STREET" means any street, road or highway or any other way designed or intended for public use for the passage of vehicles and pedestrians, owned by the Authority or other public agency and maintained at public expense, and is accessible to Fire Department vehicles and equip- ment. ''STREBT LINB" means the edge of a street, road or highway reservation as defined by the authority having jurisdiction. ''SUBDIVISION" means the dividing of any land, whether in single or joint ownership, into two or more pieces for the purpose of development. "SUBSIDIARY APARTMENT" means a separate dwelling unit constructed within and subsidiary to a self-contained dwelling. "TAKE-OUT FOOD SERVICE" means a building in which the primary purpose is the preparation and sale of meals or SCHEDULE A - Definitions Page 14 refreshments for consumption off the premises. "TAVERN" includes a nightclub and means a building licensed or licensable under the Liquor Control Act wherein meals and food may be served for consumption on the premises and in which entertainment may be provided. "USE ZONE" or "ZONE" means an area of land including buildings and water designated on the Zoning Map to which the uses, standards and conditions of a particular Use Zone Table in Schedule C of the Regulations relate. "ZONING MAP" means the map or maps attached to and form- ing part of the Regulations. SCHEDULE B CLASSIFICATION OF USES OF LA\D A\D BUILDI~GS NOTE: The classification of uses set out in the following table is based on the Classification of Typical Occupancies included as Table 3.1.2.A of the National Building Code of Canada, 1980. This classification is referred to in Regulation 34. GROUP DIVISION CLASS EXAMPLES A. ASSEMBLY 1. Assembly Uses (a) Theatre Motion Picture Theatres USES intended for Theatres the production T.V. Studios admitting and viewing of an audience. the performing arts. 2. General (a) Cultural Libraries Assembly and Museums Uses Civic Art Galleries , Court Rooms Meeting Rooms Council Chambers (b) General Community Halls Assembly Lodge Halls Dance Halls Gymnasia Auditoria I Bowling Alleys (c) Educational Schools Colleges (non residential) (d) Place Churches and similar . of places of worship. Worship Church Halls (e) Passenger Passenger Terminals. Assembly (f) Club Private Clubs and and Lodge Lodges(non residential) Arndt. 2/84 ' SCHEDULE B 2 CLASSIPICATION OF USES OF LANO AND BUILDINGS GROUP DIVISION CLASS EXAMPLES A. ASSEMBLY 2. General (g) Catering Restaurants USES Assembly Bars (continued) Uses Lounges (continued) (h) Funeral Funeral Homes and Home Chapels. (i) Child ' Day Care Centres Care (j) Amusement Electronic Games Arcades Pinball Parlours Poolrooms - 3. Arena-tYPe (a) Indoor Arenas Uses Assembly Armouries Ice Rinks Indoor Swimming Pools 4. Open-air (a) Outdoor Bleachers Assembly Assembly Grandstands Uses Outdoor Ice Rinks and Swimming Pools Amusement Parks and Fair-grounds Exhibition Grounds Drive-in Theatres B. INSTITIITIONAL 1. Penal and (a) Penal Jails USES Correctional and Penitentiaries Institutional Correctional Police Stations with Uses Detention detention quarters Prisons ' ' Psychiatric Hospitals with detention quarters Reformatories CLASSIFICATION OF USES OF LAND AND DUILDINGS GROUP DIVISION CLASS EXAMPLES B. INSTITlffIONAL 2. Special Care (a) Medical Children's Homes USES Institutional Treatment Convalescent Homes (continued) Uses and Homes for the Aged Special Hospitals Care Infirmaries Orphanages Psychiatric Hospitals Sanatoria c. RESIDENTIAL 1. Residelltial (a) Single Single Detached USES Dwelling Dwelling Dwellings Uses Family and Group Homes (b) Double Semi-detached Dwellings Dwelling Duplex Dwellings Family and Group Homes (c) Row Row Houses Dwelling Town Houses Family and Group Homes (d) Apartment Apartments Building Family and Group Homes 2. General (a) Collective Residential Colleges Residential Residential and Schools Uses University and College Halls of Residence Convents and Monasteries Nurses and Hospital Residences SCHE:DULE B 4 CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES ·c. RESIDENTIAL 2. General (b) Boarding Boarding Houses USES Residential !louse Lodging Houses (continued) Uses Residential (continued) (c) Commercial Hotels and Motels Residential Hostels Residential Clubs (d) Seasonal Summer Homes and Residential Cabins Hunting and Fishing Cabins (G) Mobile Mobile Homes Homes D. BUSINESS AND 1. Business, (a) Office Offices, including PERSONAL Professional, Government Off ices SERVICE USES and Personal Banks Service Uses (b) Medical Medical Offices and and Consulting Rooms Professional Dental Offices and Surgeries Legal Offices Similar Professional Offices (c) Personal Barbers Service Hairdressers Beauty Parlours Small Appliance Repairs (d) General Self-service Laundries Service Dry Cleaners (not using flammable or explosive substances) Small Tool and Appli- ance Rentals Travel Agents CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES D. BUSINESS AND l. Business, (e) Communi- Radio Stations PERSONAL Professional cations Telephone Exchanges SERVICE USES and Personal (continued) Service Uses (continued) (f) Police Police Stations Station without detention quarters ·- (g) Taxi Taxi Stands Stand (h) Take-out Take; out Food Service Food Service (i) Veterinary Veterinary Surgeries E. MERCANTILE l. Retail Sale (a) Shopping Shopping Centres USES and Display Uses Centre (b) Shop Retail Shops and Stores and Showrooms Department Stores (c) Indoor Market Halls Market Auction Halls SCllEDULE B - 6 - CLASSIF~CATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES E. MERCANTILE 1. Retail Sale (d) Outdoor Market Grounds USES and Display Market Animal Markets (continued) Uses Produce and Fruit (continued) Stands Fish Stalls ( e) Convenience Confectionary Stores Store Corner Stores Gift Shops Specialty Shops P. INDUSTRIAL 1. Industrial (a) Hazardous Bulk Storage of USES uses involving Industry flammable and highly hazardous liquids combustible and substances. and hazardous Chemical Plants substances Distilleries and processes Feed Mills Lacquer, Mattress, Paint, Varnish, and Rubber Factories Spray Painting 2. General (a) General Factories Industrial Industry Cold Storage Plants Uses involving Freight Depots limited General Garages hazardous Warehouses substances Workshops and Laboratories processes Laundries Planing Mills Printing Plants Contractors' Yards (b) Service Gasoline Service Station Stations Gas Bars 3. Light, Non- (a) Light Light Industry hazardous or Industry Parking Garages Non-intrusive Indoor Storage Industrial Uses Warehouses, Wrirkohn"< SCiiEDUlE 3 CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES G. NON- BUILDING 1. Uses not (a) USES directly Agriculture Commercial Farms related to Hobby Farms Buildings Market Gardens and Nurseries" (b) Forestry Tree Nurseries Sil vicul ture ( c) Mineral Quarries Working Pits Mines Oil Wells (dJ Recreational Playing Fields Open Space Sports Grounds Parks Playgrounds ( e) Conservation Watersheds Buff er Strips Flood Plains Architectural, Historical and Scenic Sites Steep Slopes Wildlife Sanctuaries (f) Cemetery Cemeteries Graveyards (g) Scrap Car Wrecking Yards Yard Junk Yards Scrap Dealers G. SCHEDULE B s - CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES NON-BUILDING l. Uses not (h) Solid Solid Waste Disposal USES directly Waste Sanitary Land Fill (continued) related Incinerators to Buildings (continued) (i) Animal Animal Pounds Kennels Zoos (j) Antenna TV, Radio, and Communications Transmitting and Receiving Masts and Antennae (k) Trans- Airfields portation Railway Yards Docks and Harbours ' SCHEDULE "C" USE ZONE TABLES This schedule contains tables showing the use classes which may be permitted or which may be treated as discre- tionary 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. The schedule contains tables for the following Use Zones: Residential Medium Density Special Residential Mixed Development Protected Road General Industrial Public Buildings open Space/Recreational Rural Mineral Workings Flood· Risk Area RMD SR MD Protected Road GI PB OS RU MW FA SCHEDULE"C" Page 1 USE ZONE TABLE ZONE TITLE RESIDENTIAL - MEDIUM DENSITY (RMD) (GLENWOOD) PERMITTED USE CLASSES - (see Regulation 85) Single dwelling and recreational open space. DISCRETIONARY USE CLASSES - (see Regulations 22 and 86) Double dwelling, row dwelling, apartment building, medical and professional, place of worship, educational, convenience store, personal services, medical treatment and special care, boarding house residential, shop, child care, antenna, and uses compatible or complementary to the permitted uses. STANDARDS WHERE PERMITTED APARTMENT BUILDING Single Double Row 1 2 3 4 Dwelling Dwelling Dwelling Bed Bed Bed Bed Apt. Apt. Apt. Apt. Lot area (m2) 450 390 350 200 250 280 300 (minimum) * * * * * * ** ** ** ** ** ** ** (Average) Floor area (m2) 80 80 65 40 50 60 70 (minimum) * * * * * * Frontage (m) 15 26 12 36 (minimum) * (Average) ~Line Setback (m) 6 6 8 8 (minimum) Sideyard Width (m) 1 1 1 5 (minimum) Rearyard Depth (m) 9 9 9 14 (minimum) Lot Coverage (%) 33 33 33 33 (maximum) Height (m) 8 8 10 10 (maximum) (See Conditions) * per dwelling unit. ** or as required by the Department of Health or Environment & Lands. SCHEDULE "C" Page 2 CONDITIONS FOR RESIDENTIAL MEDIUM DENSITY ZONE 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are compatible or complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 2. Residential Density In each Residential Medium Density Zone there shall be not more than 20% apartment units, row housing units, double dwelling units, or a combination of apartment and row housing, and double dwelling units, the remainder being single dwellings. 3. Discretionary Uses - Site Standards Unless otherwise specified in these conditions, discretionary use classes involving buildings shall conform to the frontage, building line setback, sideyard, rearyard, lot coverage and height requirements specified for a single dwelling. 4. Assembly Use Class - Site standards Assembly use classes, except child care, shall conform to the following development standards: (i) Minimum Building Line setback 10 metres (ii) Minimum Sideyard Width 5 metres (iii) Minimum Rearyard Depth 10 metres (iv) Maximum Height 15 metres 5. Accessory Buildings Accessory buildings shall have a lot coverage no greater than 7% and a height of no more than 3 metres. 6. Convenience Stores Convenience stores will only be permitted as a discretionary use under the following conditions: (i) The store shall form part of, or be attached to a dwelling unit. SCHEDULE"C" Page 3 Conditions for Resigential Medium Density Zone (cont'd) (ii) The retail use shall be subsidiary to the residential character of the area, and shall not affect residential amenities of adjoining properties. 7. Medical. Professional and Personal service Uses Medical, professional and personal service uses may be permitted as a discretionary use in a dwelling unit in the form of doctors' consul ting rooms, personal services, small business services, small appliance repair and sporting goods repair service and similar uses provided that: (i) {ii) {iii) {iv) a. Shop The use is clearly a subsidiary use to the residential use and does not detract from the residential character of the neighbourhood, No wholesale sales or storage of goods is carried out, any retail sales are incidental and subsidiary to the approved use and that no repairs to vehicles or heavy equipment are carried out. Activities associated with the use are not hazardous and do not cause noticeable noise, odor, dust or fumes, or incon- venience and are not a nuisance to the occupants of adjoining residences. Not more than twenty-five (25) percent of the total floor area of the dwelling up a maximum of forty-five square metres is devoted to the use. Local store may be permitted provided that (i) The use is intended to meet local needs; and the bulk, scale and appearance of the store do not detract from the character of the neighbourhood. {ii) Activities associated with the use are not hazardous and do not cause noticeable noise, odor, dust or fumes, or inconvenience, and are not a nuisance to the occupants of adjoining residences. (iii) {iv) No wholesale sales, storage of goods, or repairs of vehicles or heavy equipment are carried out. The provisions of on-site parking, loading, buffering, and landscaping are adequate. SCHEDULE "C" Page 4 Condit.ions for Residential Medium Density Zone (cont.'dl 9. Subdivision and Backland Development Development' of backland or a subdivision may be permitted, provided that it includes a piped water and sewer system approved by both the Department of Environment and Lands and the Engineering Division of the Department of Municipal and Provincial Affairs, and that such a system shall be properly connected to the existing municipal water and sewer system. 10. Mobile Home (i) Mobile homes shall be permitted only in areas designated by the Authority for such development. (ii) Development standards shall comply with The Mobile Home Development Regulations 1976. 11. Protection of water sources and Environment All development applications shall be subject to the review and approval of the Environmental Investigations Division of the Department of Environment and Lands. 12. Protection of Fish Habitat All applications for development on the Gander River, Salmon Pond and Salmon Brook or within their JO-metre buffer zones shall be subject to the review, assessment and authorization by Fisheries and Oceans Canada. 1. USE ZONE TABLE ZONE TITLE SPECIAL RESIDENTIAL PERMITTED USE CLASSES - (see Regulation 85) Mini homes, single dwelling. CONDITIONS Development Standards SCHEDULE 11 C11 Page 4(a) (GLENWOOD) The development standards for this zone shall be follows: (i) Minimum Building Line Setback 4 metres (ii) Minimum sideyard Width 3 metres (iii) Minimum Rearyard Depth 7 metres (iv) Maximum Height 3 metres (v) Minimum Lot Depth 36 metres as ZONE TITLE MIXED DEVELOPMENT (MD) PERMITTED USE CLASSES - (see Regulation 85) SCHEDULE "C" Page 5 (GLENWOOD) Single dwelling, double dwelling, and recreational open space. DISCRETIONARY USE CLASSES - (see Regulations 22 and 86) Row dwelling, apartment building, commercial residential, boarding house residential, place of worship, educational, police station, general assembly, theatre, cultural and civic, medical and professional, personal services, general service, child care, office, passenger assembly, veterinary, convenience store, shop, club and lodge, catering, take-out food service, funeral home, amusement, indoor market, outdoor market, communications, taxi stand, service station, light industry, antenna, and uses cam- compatible or complementary to permitted uses. CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are compatible or complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 2. Development Standards (i) The development standards for this zone shall be as follows: (a) Minimum Building Line Setback (b) Minimum sideyards Width (c) Minimum Rearyard Depth (d) Maximum Height '·II 4 metres 5 metres 10 metres 15 metres (ii) Residential development shall conform to the stan- dards of the Residential Medium Density Zone. 3. Advertisements Relating to Qnsite Uses The conditions which shall apply to the erection or display of an advertisement on any lot or site occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be as follows: SCHEDULE "C" Page 6 conditions for the,Mixed Development Zone (cont'd) (i) The size, shape, illumination and material construction of the advertisement shall meet the requirements of the Authority, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. (ii) No advertisement shall exceed 5 square metres in area. 4. Advertisements Relating to Offsite Uses The conditions to be applied to the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land use, shall be as follows: (i) Each advertisement shall not exceed three square metres in area. (ii) When the advertisements relate to a specific land use, they shall be located within a rea- sonable distance of, and only show thereon the name and nature of the distance or direction to the premises to which they relate. (iii) The location, siting and illumination of each 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 sur- rounding area. 5. Accessory Building Accessory buildings shall have a lot coverage no greater than 7%, or a height of no more than 3 metres. 6. outdoor Market An outdoor market may, at the discretion of Council, include a used car lot, provided due consideration is given to the size and scale of the development relative to surrounding development and to the site itself. Due consideration shall also be given to buffering where appropriate, off-street parking, and to the implications of traffic n1C1vement and/or congestion as well as safe :/ access. 7. Access The number of accesses to the street shall be limited by and their design to the satisfaction of the Authority, having regard to the safety and efficiency of the street for both vehicles and pedestrians. SCHEDULE "C" Page 7 Conditions for the Mixed Development Zone (cont'dl 8. Protection for Residential use Adverse effects of any proposed development on the adjacent existing residential use shall be prevented or minimized through proper site planning and the provision of buffering by the developer to the satisfaction of the Authority. 9. Protection of Water Sources and Environment All development applications shall be subject to the review and approval of the Environmental Investigations Division of the Department of Environment and Lands. 10. Protection of Fish Habitat All applications for development on the Gander River, Salmon Pond and Salmon Brook or within their 30-metre buffer zones shall be subject to the review, assessment and authorization by Fisheries and Oceans Canada. '' '1.1.',· USE ZONE TABLE SCHEDULE "C" Page 8 ZONE TITLE PROTECTED ROAD (GLENWOOD) Under the jurisdiction of the Department of Municipal and Provi.ncial Affairs. All applications for development from both the public and private sectors shall be subject to the review and approval of the Development Control Unit, Urban and Rural Planning Division, Department of Muniipal and Provincial Affairs. SCHEDULE "C" Page 9 USE ZONE TABLE ZONE TITLE GENERAL INDUSTRIAL (GI) (GLENWOOD) PERMITTED USE CLASSES - (see Regulation 85) General industrial, light industrial, service station, commercial recreational open space, passenger assembly, catering, child care. DISCRETIONARY USE CLASSES - (see Regulations 22 and 86) Indoor market, outdoor market, antenna, uses compatible or complementary to the permitted uses. CONDITIONS 1. Discretionary Use Classes 2. The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are compatible or complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. Development Standards The development standards for this zone shall be as follows: (i) Minimum Building Line Setback 10 metres (ii) Minimum Sideyard Width 5 metres (iii) Minimum Rearyard Depth 15 metres (iv) Maximum Height 15 metres 3. Advertisements Relating to Onsite Uses The conditions which shall apply to the erection or display of an advertisement on any lot or site occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be as follows: (i) The size, shape, illumination and material construction of the advertisement shall meet the requirements of the Authority, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. (ii) No advertisement shall exceed 5 square metres in area. SCHEDULE "C" Page 10 Conditions for the General Industrial Zone (cont'd) 4. Advertisements Relating to Offsite Uses The conditions to be applied to the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land use, shall be as follows: (i) Each advertisement shall not exceed three square metres in area. (ii) (iii) When the advertisements relate to a specific land use, they shall be located within a rea- sonable distance of, and only show thereon the name and nature of the distance or direction to the premises to which they relate. 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. 5. Outdoor Storage Outdoor storage shall be located on the rearyard of the lot so as to have minimum visual impact from the street. '-\I,' 6. Services Industrial development shall not be permitted in this zone unless adequate services and fire fighting capability designed to meet the needs of the particular industrial uses permitted, are available. 7. Buffer Strips Where any industrial development permitted in this zone abuts a residential area, or is separated from it by a road only, the developer shall provide a buffer strip not less than 10 metres wide between any residential use and the industrial area. The buffer shall include the provision of a natural or structural barrier, as deemed necessary by the Authority and shall be maintained by the owner or occupier to the satisfaction of the Authority. 8. Protection of Water Sources and Environment All development applications shall be subject to the review and approval of the Environmental Investigations Division of the Department of Environment and Lands. 9. Protection of Fish Habitat All applications for development on the Gander River, Salmon Pond and Salmon Brook or within their 30-metre buffer zones shall be subject to the review, assessment and authorization by Fisheries and Oceans Canada. SCHEDULE 11C11 Page 11 USE ZONE TABLE ZONE TITLE PUBLIC BUILDINGS (PB) (GLENWOOD) PERMITTED USE CLASSES - (see Regulation 85) Educational, cultural and civic uses, general assembly, medical tratment and special care, government or public offices, place of worship, recreational open space, and child care. DISCRETIONARY USE CLASSES - (see Regulations 22 and 86) Theatre, passenger assembly, indoor assembly, outdoor assembly, collective residential, taxi stand, antenna, cemetery, and uses compatible or complementary to the permitted uses. CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are compatible or complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 2. Development Standards 3. The development standards for this zone shall be as follows: (i) Minimum Building Line Setback 10 metres (ii) Minimum Sideyard Width 5 metres (iii) Minimum Rearyard Depth 10 metres (iv) Maximum Height 15 metres -, !,1:,- h,dyertisements Relating to Onsite Uses The conditions which shall apply to the erection or display of an advertisement on any lot or site occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be as follows: (i) The size, shape, illumination and material construction of the advertisement shall meet the requirements of the Authority, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. (ii) No advertisement shall exceed 5 square metres in area. SCHEDULE "C" Page 12 Conditions for the Public Buildings zone (cont'd! 4. Advertisements Relating to Offsite Uses The conditions to be applied to the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land use, shall be as follows: (i) Each advertisement shall not exceed three square metres in area. (ii) (iii) When the advertisements relate to a specific land use, they shall be located within a rea- sonable distance of, and only show thereon the name and nature of the distance or direction to the premises to which they relate. 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 arid the preservation of the amenities of the surrounding area. 5. Protection of Water sources and Environment All development applications shall be subject to the review and approval of the Environmental Investigations Division of the Department of Environment and Lands. 6. Protection of Fish Habitat All applications for development on the Gander River, Salmon Pond and Salmon Brook or within their 30-metre buffer zones shall be subject to the review, assessment and authorization by Fisheries and Oceans Canada. USE ZONE TABLE ZONE TITLE OPEN SPACE/RECREATIONAL (OS) PERMITTED USE CLASSES - (see Regulation 85) Recreational open space and conservation. DISCRETIONARY USE CLASSES - (see Regulations SCHEDULE"C" Page 13 (GLENWOOD) 22 and 86) Cultural and civic, indoor assembly, outdoor assembly, convenience store, catering, take-out food service, antenna, and uses compatible or complementary to the permitted uses. CONDITIONS 1. Discretionary Use Classes 2. The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are compatible or complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. Development Standards The development standards for this zone shall be as follows: ., '·I': (i) Minimum Building Line Setback 10 metres (ii) Minimum Sideyard Width 5 metres (iii) Minimum Rearyard Depth 10 metres (iv) Maximum Height 15 metres 3. Convenience store and Take-out Food Service Convenience store and take-out food service may be con- sidered on a discretionary basis provided they serve recreational activities only. 4. Proteqtion of Water Sources and Environment All development applications shall be subject to the review and approval of the Environmental Investigations Division of the Department of Environment and Lands. ''·1 .- · SCHEDULE "C" Page 14 Conditions for the Open Space/Recreational Zone (cont'd) 5. Protection of Fish Habitat All applications for development on the Gander River, Salmon Pond and Salmon Brook or within their 30-metre buffer zones shall be subject to the review, assessment and authorization by Fisheries and Oceans Canada. USE ZONE TABLE SCHEDULE "C" Page 15 ZONE TITLE RURAL (RUR) (GLENWOOD) :I( PERMITTED USE CLASSES - (see Regulation 85) Agriculture, forestry, fishing, conservation, recreational open space. DISCRETIONARY USE CLASSES - (see Regulations 22 and 86) Outdoor assembly, single dwelling, veterinary, outdoor market, airstrip, mineral working, cemetery, animal, antenna, industry, and uses compatible or complementary to permitted uses. CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are compatible or complementary to uses within the permitted use classes, or that their development will not inhibit or prejudice the existence or the development of such uses. 2. Advertisements Relating to Onsite Uses The conditions which shall apply to the erection or display of an advertisement on any lot or site occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be as follows: (i) The size, shape, illumination and material construction of the advertisement shall meet the requirements of the Authority, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. (ii) No advertisement shall exceed 5 square metres in area. 3. Advertisements Relating to Offsite Uses The conditions to be applied to the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land use, shall be as follows: (i) Each advertisement shall not exceed three square metres in area. <,1,1 .. - SCHEDULE"C" Page 16 Conditions for Rural lcont'dl (ii) (iii) -,II, When the advertisements relate to a specific land use, they shall be located within a rea- sonable distance of, and only show thereon the name and nature of the distance or direction to the premises to which they relate. The location, siting and illumination of each advertisement shall be to the satisfaction of the Authority, having regard to the grade and alignment of streets, the location of street junctions, the location of nearby buildings and the preservation of the amenities of the surrounding area. 4. Single Dwelling A single dwelling may be permitted only as accessory to a permitted or an approved discretionary use after two (2) years in operation. Such a dwelling shall also be subject to the review and approval of the Department of Environment and Lands and the Department of Health. 5. Mineral Workings All conditions under Mineral Workings in these Regulations shall apply to mineral workings operations in Rural zones. 6. Agricultural Development Applications for agricultural development shall be referred to the Department of Forestry and Agriculture and the Department of Environment and Lands for review and approval. 7. Protection of Water Sources and Environment All development applications shall be subject to the review and approval of the Environmental Investigations Division of the Department of Environment and Lands. 8. Protection of Fish Habitat All applications for development on the Gander River, Salmon Pond and Salmon Brook or within their 30-metre buffer zones shall be subject to the review, assessment and authorization by Fisheries and Oceans Canada. " USE ZONE TABLE ZONE TITLE MINERAL WORKINGS (MW) PERMITTED USE CLASSES - (see Regulation Mineral working. 85) SCHEDULE "C" Page 17 (GLENWOOD) DISCRETIONARY USE CLASSES - (see Regulations 22 and 86) Solid waste, antenna, and uses compatible or complementary to permitted uses. CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are compatible or complementary to uses within the permitted use classes, or that their development will not inhibit or prejudice the existence or the development of such uses. 2. Advertisements Relating to Onsite Uses The conditions which shall apply to the erection or display of an advertisement on any lot or site occupied by a use permitted or existing as a legal non-conforming use in this use zone, shall be as follows: (i) The size, shape, illumination and material construction of the advertisement shall meet the requirements of the Authority, having regard to the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. (ii) No advertisement shall exceed 5 square metres in area. 3. Advertisements Relating to Offsite Uses The conditions to be applied to the erection or display of an advertisement on any site, relating to a use permitted in this or another zone, or not relating to a specific land use, shall be as follows: (i) Each advertisement shall not exceed three square metres in area. (ii) When the advertisements relate to a specific land use, they shall be located within a rea- sonable distance of, and only show thereon the SCHEDULE"C" Page 18 Conditions for Mineral Workings Ccont'dl (iii) name and nature of the distance or direction to the premises to which they relate. The location, siting and illumination of each advertisement shall be to the satisfaction of the Authority, having regard to the grade and alignment of streets, the location of street junctions, the location of nearby buildings and the preservation of the amenities of the surrounding area. 4. Applications All applications for quarrying or other development in the Mineral Working Areas including their 300-metre buffer shall be subject to the review and approved by the Department of Mines and Energy. 5. Separation from Adiacent Uses 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 develop- ment or natural feature: Minimum Distance of Pit or Quarry Working Existing or proposed Residential Development Any other developed area or area likely to be developed during the life of the pit or quarry working Public highway or street Protected Road Waterbody or watercourse 6. Screening 300 metres 150 metres 50metres 90metres 50 metres A mineral working 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: (i) Where tree screens exist between the mineral working and adjacent public highways and streets or other land uses (excepting forestry and agriculture), the tree screens shall be retained in a 30-metre wide strip of vegetation so that visibility of any part of the use Conditions for Mineral Workings !cont'd) SCHEDULE 11C11 Page 19 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 1 metre be planted to fill in the areas affected to the satisfaction of the Authority or, at the discretion of the Authority, condition 6{ii) must be undertaken. {ii) 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. (iii) Where natural topography creates a visual screen between mineral workings and adjacent public highways and streets or other land uses (excepting forestry and agriculture), additional screening may not be required. (iv) Where effective screening for any mineral working or associated processing or manufacturing use cannot be installed or located as required in 6(i) to 6(iii), the Authority may refuse to permit the use or associated activity. 7. 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. B. Water Pollution No mineral working or associated storm or sanitary drainage shall unacceptably reduce the quality of water in any waterbody or watercourse. Any access road to a pit or quarry working which crosses a brook or stream shall be bridged or culverted at the crossing in accordance with the Regulations of the Department of Environment and Lands. 9. Water Ponding No mineral working shall result in the excavation of areas below the level of the water table nor in any way cause the accumulation or ponding of water in any part of the site. Settling ponds may be permitted with the approval of the Department of Environment and Lands. Conditions for Mineral Workings (cont'd) 10. Erosion Control SCHEDULE "C" Page 20 No mineral working shall be carried out in a manner so as to cause erosion of adjacent land. 11. site Maintenance The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned equipment and any derelict build- ings. 12. Access Roads During extended periods of shutdown, access roads to a mineral working shall be ditched or barred to the satisfac- tion of the Authority. 13. Stockpiling cover Material All stumps, organic material and topsoil, including the rusty coloured and iron stained layer, shall be stripped and stockpiled at least 5 metres from active quarry or stockpile areas. The owner or operator shall ensure that the quality of the topsoil is not affected by dilution with other materials. 14. Operating Plant and Associated Processing and Manufacturing The Authority may permit processing and maufacturing use associated with 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. 15. 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. 16. The Authority may specify a minimum separation ~istance between operating plant or associated processing and manufacturing structure or equipment and adjacent developed areas likely to be developed during the life of the mineral working. Conditions far the Mineral Workings Zone (cont'd) 17. Termination and Site Rehabilitation SCHEDULE "C" Page 21 Upon completion of the mineral working, the fallowing 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° or to the slope conforming to that existing prior ta the mineral working. (iii) Topsoil and any organic materials shall be respread over the entire quarried area. (iv} The access.". road ta the working shall be ditched or barred to the satisfaction of the Authority. 18. If the mineral working contains reserves of material sufficient to support further extraction operations, the Authority may require the work described above to be carried out only in areas of the site where extraction has depleted aggregate reserves. 19. Protection of Water sources and Environment All development applications shall be subject ta the review and approval of the Environmental Investigations Division of the Department of Environment and Lands. 20. Protection of Fish Habitat All applications for development on the Gander River, Salmon Pond and Salman Brook or within their JO-metre buffer zones shall be subject to the review, assessment and authorization by Fisheries and Oceans Canada. USE ZONE TABLE ZONE TITLE FLOOD RISK AREA (FA) SCHEDULE "C" Page 22 (GLENWOOD) Under the jurisdiction of the Department of Environment and Lands. All applications for development from both the public and private sectors shall be subject to the review and approval of the Water Resources Division, Department of Environment and Lands. "' ::> ~ "' A SCHEDULE "D" OFF-STREET PARKING REQUIREMENTS 1. The offstreet parking requirements for uses in the various use classes set out in Schedule B shall be as set out 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 offstreet provision for drop-off and pick-up ~ ..... (/) ..... > ..... Q l 2 of persons shall be provided in developments where required, such as uses within the educational, passenger assembly, child care, medical treatment and special care, commercial residential and take-out food service use classes. CLASS MINIMUM OFF-STREET PARKING REQUIREMENT (a) Theatre One space for every 5 seats. (a) Cultural and One space for every 50 square Civic metres of gross floor area. (b) General One space for every 10 square Assembly metres of gross floor area. Schools - 2 spaces for every class- room. (c) Educational Further education - l space for every 5 persons using the facilities (students, faculty and. staff). (d) Place of One space for every s seats. Worship (e) Passenger As specified by the Authority. Assembly ( f) Club and One space for every 3 persons that Lodge may be accommodated at one time. SCHEDULE "D'' (g) Catering 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 One space for every 10 spectators Assembly that may be accommodated at one time. 4 (a) Outdoor As specified by the Authority Assembly B 1 (a) Penal and Correctional As specified by the Authority. Detention 2 (a) Medical Treatment and One space for every 2 patients. Special Care c 1 (a) Single Dwelling Two spaces for every dwelling unit. (b) Double Dwelling Two spaces for every dwelling unit. (c) Row Two spaces for every dwelling unit. Dwelling (d) Apartment Three spaces for every 2-dwelling Building units. 2 (a) Collective As specified by the Authority. Residential (b) Commercial One space for every guest room. Residential . (c) Seasonal One space for every residential Residential unit. (d) Mobile Home Two spaces for every dwelling unit. SCHEDUL': "[l'' D 1 (a) Office One space for every 20 square metres of gross floor area. (b) Medical and One space for every 20 square metres Professional of gross floor area. (c) Personal One space for every 20 square metres Service of gross floor area. (d) General One space for every 20 square metres Service of gross floor area. (e) Communications As specified by the Authority (f) Police As specified by the Authority. Station (g) Taxi As specified by the Authority. Stand (h) Take-out One space for every 20 square metres Food Service of gross floor area. (i) Veterinary One space for every 20 square metres of gross floor area. E 1 (a) Shopping One space for every 15 square metres Centre of gross floor area. (b) Shop One space for every 20 square metres of gross floor area. (c) Indoor As specified by the Authority. Market (d) Outdoor As specified by the Authority. Market (e) Convenience One space for every 20 square metres Stores of gross floor area. F 1 (a) Hazardous One for every employee. Industry space 2 (a) General One foi: employee. Industry space every (b) Service One space for every 20 square metres Station of gross floor area 3 (a) Light One for emnloyee. Industry space every J ,/ Iv .... :t, -· -( ·· ........ ./ ~ - \__ I GLENWOOD LAND USE ZONING MAP A LEGEND: - - - - - GI OS MW RU TCH Municipal and Planning Area Area Covered By Glenwood Land Use Zoning Map B General Industrial Open Space/Recreational Mineral Workings Rural Protected Road Scale: 1-35000 NOTE: ()[]() indicate locations only and not to scale r r---------- , [ ' fi'-r--." o" ! ~~ - ,.; - I , . I """'·II , iVi.l'.