Town of Grand Falls-Windsor Development Regulations 2022-2032
Grand Falls-Windsor, Newfoundland and Labrador
This is the exact embedded text of the captured official document.
Snapshot d90dd45eac9e · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
1
2
3
4
5
6
7
8
1
TABLE OF CONTENTS
TABLE OF CONTENTS ....................................................................................................... 1
OVERVIEW OF DEVELOPMENT REGULATIONS .............................................................. 1
PART I:
INTRODUCTION .................................................................................................. 5
1.0 Application and Interpretation .................................................................................................. 5
1.1
Title ................................................................................................................................. 5
1.2
Purpose ........................................................................................................................... 5
1.3
Application ...................................................................................................................... 5
1.4
Interpretation ................................................................................................................. 6
1.5
Notice of Right to Appeal ............................................................................................... 7
1.6
Repeal of Previous Regulations ...................................................................................... 7
1.7
No Relief from Other Provisions ..................................................................................... 7
1.8
Severability ..................................................................................................................... 7
1.9
Standard Abbreviations .................................................................................................. 7
1.10 Units of Measurement ................................................................................................... 8
2.0
Definitions ................................................................................................................................. 9
2.1
Interpretation ................................................................................................................. 9
2.2
Definitions Used in the Development Regulations ........................................................ 9
PART II: ADMINISTRATION, DEVELOPMENT PERMIT AND GENERAL
REGULATION REQUIREMENTS ....................................................................................... 51
3.0 Administration and Enforcement ............................................................................................ 51
3.1
Administration .............................................................................................................. 51
3.2
Inspection .................................................................................................................... 51
3.3
Enforcement ................................................................................................................ 51
3.4
Violation, Fines and Stop Work Order .......................................................................... 52
3.4.1 Violation Notice ............................................................................................................ 52
3.4.2 Issuance of Summons ................................................................................................... 53
3.5
Development Permit Applications ............................................................................... 54
3.6
Discretionary Consideration of Development Permit Applications ............................ 55
3.7
Register of Applications ............................................................................................... 61
4.0 ZONES AND ZONE BOUNDARIES ........................................................................... 63
4.1
Establishment of Zones ................................................................................................ 63
2
4.2
Application of Land Use Zones ..................................................................................... 63
4.3
Zone Boundaries ........................................................................................................... 63
4.4
Provincial Interests ....................................................................................................... 64
4.4.1 Overlays on Land Use Zoning Maps ............................................................................. 64
4.4.2 Compliance with Federal and Provincial Authorities ................................................... 65
5.0 Use Regulations ....................................................................................................................... 69
5.1
General Interpretation ................................................................................................ 69
5.2
Uses Permitted in All Zones .......................................................................................... 69
5.3
Uses Prohibited in All Zones ......................................................................................... 69
5.4
Types of Uses in zones .................................................................................................. 70
5.5
Non-Conforming Uses .................................................................................................. 71
6.0
Basic Provisions ........................................................................................................................ 73
6.1
Application of the Regulations ..................................................................................... 73
6.2
Principal Buildings per Lot ............................................................................................ 73
6.3
Location and Siting of Buildings ................................................................................... 73
6.4
Siting for Buildings on Strata Lots................................................................................. 73
6.5
General Siting Exception .............................................................................................. 73
6.6
Occupancy and Maintenance Requirements .............................................................. 74
6.7
Reinstatement of Land ................................................................................................. 74
6.8
Civic Numbering required before Occupancy permit issued ....................................... 74
7.0 General Regulations ................................................................................................................. 75
7.1
Lot Area, Width, and Frontage ..................................................................................... 75
7.2
Vision Clearance at Intersections ................................................................................. 79
7.3
Lot Coverage for Underground Portion of Buildings .................................................... 79
7.4
Height Exemptions ....................................................................................................... 79
7.5
Accessory Building and Structure Regulations ............................................................. 79
7.5.1 General Regulations for accessory buildings .................................................................. 79
7.5.2 Shipping containers ...................................................................................................... 83
7.6
Development must front on publicly maintained road ................................................ 85
7.7
Lot Area for Strata Lots................................................................................................. 85
7.8
Use of Mobile Homes and Trailers ............................................................................... 85
7.9
Garage Sales ................................................................................................................. 85
7.10 Keeping of Animals (not household pets) .................................................................... 86
7.11 Expansion of Commercial Buildings over 111 m2 ......................................................... 87
8.0 Subdivision of Land .................................................................................................................. 89
8.1
Application Requirements ............................................................................................ 89
8.2
Subdivision Application Review .................................................................................... 90
8.3
Services to be provided ................................................................................................ 91
3
8.4
Subdivision Design Standards ....................................................................................... 91
8.5
Utility Structures and Easements ................................................................................. 93
8.6
Engineering Certification of Works .............................................................................. 93
8.7
Payment of Fees and Service Levies ............................................................................. 94
8.8
Deferment of Street Works .......................................................................................... 94
8.9
Transfer of Streets and Utilities .................................................................................... 94
8.10 Dedication of Land for Public Open Space ................................................................... 95
8.11 Building Permits Required ............................................................................................ 96
8.12 Restriction on Sale of Lots ............................................................................................ 96
8.13 Boundary Changes ........................................................................................................ 96
8.14 Panhandle Lots ............................................................................................................. 97
9.0
Environmental Protection ....................................................................................................... 99
9.1
Intent ........................................................................................................................... 99
9.2
Site Plan Identification of Environmental, Archaeological and Hazard Areas .............. 99
9.3
Environmental, Archaeological and Hazard Lands Review .......................................... 99
9.4
Minimum Environmental and Hazard Lands Setback Requirements ......................... 100
9.5
Prohibited Uses within Environmentally Sensitive Areas and Hazard Lands ............. 101
9.6
Permitted Uses within Setback Area .......................................................................... 101
9.7
Environmental Covenant ........................................................................................... 101
9.8
Environmental Signage ............................................................................................... 101
9.9
Land Use Zoning ......................................................................................................... 101
9.10
Soil Removal, Deposit and Site Grading .................................................................... 102
10.0 Fences and Landscaping ........................................................................................................ 103
10.1 Fences ......................................................................................................................... 103
10.2 General Landscaping Provisions ................................................................................. 104
10.3 Landscaping for Parking and Storage Areas ............................................................... 107
10.4
Open Space Landscaping on Developed Commercial and Industrial Lots................. 108
10.5 Landscaping Security .................................................................................................. 109
11.0 Off Street Parking Requirements ........................................................................................... 111
11.1
Accessibility and Use ................................................................................................. 111
11.2
Design and Maintenance ........................................................................................... 112
11.3 Parking Space Sizes ..................................................................................................... 112
11.4
Required Number of Parking Spaces ......................................................................... 113
11.5
Bicycle Parking ........................................................................................................... 116
11.6 Bicycle Parking Requirements .................................................................................... 117
12.0 Off Street Loading Regulations .............................................................................................. 119
12.1
Intent ......................................................................................................................... 119
12.2 Loading Space Sizes .................................................................................................... 119
4
12.3 Design and Maintenance Standards ........................................................................... 119
12.4 Access ......................................................................................................................... 119
12.5 Required Number of Loading Spaces ......................................................................... 119
13.0 Signs and Advertisements ..................................................................................................... 121
14.0 Home Based Businesses ......................................................................................................... 123
14.1 Accessory Use ............................................................................................................. 123
14.2 Permitted Uses ........................................................................................................... 123
14.3 Excluded Uses ............................................................................................................. 124
14.4 Beauty Salons and Other Uses ................................................................................... 125
14.5 General Regulations ................................................................................................... 125
14.6
Home Based Business Parking Requirements ........................................................... 125
14.7 Signage for Home Based Businesses .......................................................................... 126
14.8 Bed and Breakfast Use ............................................................................................... 126
14.9 Child Care Centre as Home Based Business ............................................................... 127
14.10 Home Based Business Application ............................................................................. 127
14.11 Home Based Business use of accessory buildings ...................................................... 127
14.12 Short-term rental........................................................................................................ 127
15.0 Subsidiary Apartments ........................................................................................................... 129
15.1 Purpose ....................................................................................................................... 129
15.2 Fire Safety ................................................................................................................... 129
15.3
Servicing..................................................................................................................... 129
15.4 Parking ........................................................................................................................ 129
15.5 Prohibited Uses .......................................................................................................... 129
16.0 Contractors Yards................................................................................................................... 131
16.1 Purpose ....................................................................................................................... 131
16.2 Conditions of Use ....................................................................................................... 131
16.3 Prohibited Locations ................................................................................................... 131
17.0 Commercial Kennels .............................................................................................................. 133
17.1 Location and Size ........................................................................................................ 133
17.2 Buildings ..................................................................................................................... 133
PART III: INDIVIDUAL ZONE CATEGORIES AND THEIR ZONING
REQUIREMENTS ............................................................................................................. 135
18.0 Rural Zone (RU) ...................................................................................................................... 137
18.1 Zone Intent ................................................................................................................. 137
18.2 Servicing ..................................................................................................................... 137
18.3 Uses of Land ............................................................................................................... 137
18.4
Conditions of Use ...................................................................................................... 138
18.5 Other Development Standards................................................................................... 141
5
19.0 Rural Residential Zone (RR-1) ................................................................................................ 143
19.1 Zone Intent ................................................................................................................. 143
19.2 Servicing ..................................................................................................................... 143
19.3 Uses of Land ............................................................................................................... 143
19.4 Conditions of Use ....................................................................................................... 144
19.5 Minimum Lot Area ...................................................................................................... 145
19.6 Lot Coverage ............................................................................................................... 145
19.7 Minimum Building Footprint ...................................................................................... 145
19.8 Minimum Lot Frontage ............................................................................................... 145
19.9 Minimum Lot Depth ................................................................................................... 145
19.10 Building Setbacks to Property Lines ........................................................................... 145
19.11 Height of Buildings ..................................................................................................... 146
19.12 Landscaping ................................................................................................................ 146
19.13 Off Street Parking ....................................................................................................... 146
19.14 Impervious Surfaces ................................................................................................... 146
20.0 Residential Mobile Home Park Zone (RMHP) ........................................................................ 147
20.1
Zone Intent ................................................................................................................ 147
20.2 Servicing ..................................................................................................................... 147
20.3 Uses of Land ............................................................................................................... 147
20.4
Conditions of Use ...................................................................................................... 148
20.5
Minimum Lot Area ..................................................................................................... 148
20.6
Setbacks to Property Lines ......................................................................................... 148
20.7 Height ......................................................................................................................... 148
20.8
Indoor Amenity Space ................................................................................................ 149
20.9 Outdoor Amenity Space ............................................................................................. 149
20.10 Landscaping ................................................................................................................ 149
20.11 Off Street Parking ....................................................................................................... 149
21.0 Single Unit Compact Residential Zone (RS-1) ........................................................................ 151
21.1 Zone Intent ................................................................................................................. 151
21.2 Servicing ..................................................................................................................... 151
21.3 Uses of Land ............................................................................................................... 151
21.4 Conditions of Use ....................................................................................................... 152
21.6 Number of Residential Buildings ................................................................................ 154
21.7
RS-1 Site Design .......................................................................................................... 154
21.8
Property Landscaping ................................................................................................. 154
21.9 Urban Ancillary Uses .................................................................................................. 155
21.10 Off Street Parking ....................................................................................................... 155
21.11 Impervious Surfaces ................................................................................................... 155
6
22.0 Single Unit Small Lot Residential Zone (RS-2) ........................................................................ 157
22.1
Zone Intent ................................................................................................................ 157
22.2
Servicing ..................................................................................................................... 157
22.3 Uses of Land ............................................................................................................... 157
22.4 Conditions of Use ....................................................................................................... 158
22.5 RS-2 Zone and Building Development Standards Requirements ............................... 159
22.6
Number of Residential Buildings ............................................................................... 159
22.7
Property Landscaping ................................................................................................ 159
22.8 Urban Ancillary Uses ...................................................................................................... 160
22.9
Off Street Parking ....................................................................................................... 161
22.10 Impervious Surfaces ................................................................................................... 161
23.0 Single Unit Urban Residential Zone (RS-3) ............................................................................. 163
23.1 Zone Intent ................................................................................................................. 163
23.2 Servicing ..................................................................................................................... 163
23.3 Uses of Land ............................................................................................................... 163
23.4
Conditions of Use ...................................................................................................... 164
23.5 RS-3 Zone and Building Development Standards Requirements ............................... 165
23.6
Number of Residential Buildings ................................................................................ 165
23.7
Property Landscaping ................................................................................................ 165
23.8 Urban Ancillary Uses .................................................................................................. 166
23.9
Off Street Parking ....................................................................................................... 167
23.10 Impervious Surfaces ................................................................................................... 167
24.0 Single Unit Mixed Lot Residential Zone (RS-4) ....................................................................... 169
24.1
Zone Intent ................................................................................................................ 169
24.2
Servicing ..................................................................................................................... 169
24.3 Uses of Land ............................................................................................................... 169
24.4 Conditions of Use ....................................................................................................... 170
24.5
RS-4 Zone and Building Development Standards Requirements .............................. 171
24.6
Number of Residential Buildings ................................................................................ 171
24.7 Property Landscaping ................................................................................................. 172
24.8
Urban Ancillary Uses .................................................................................................. 172
24.9
Off Street Parking ....................................................................................................... 173
24.10 Impervious Surfaces ................................................................................................... 173
25.0 Two Unit Urban Residential Zone (RT) ................................................................................... 175
25.1 Zone Intent ................................................................................................................. 175
25.2 Servicing ..................................................................................................................... 175
25.3 Uses of Land ............................................................................................................... 175
25.4
Conditions of Use ...................................................................................................... 176
7
25.5 RT Zone and Building Development Standards Requirements .................................. 176
25.6 Additional Requirements of the Two Unit Residential Building ................................. 177
25.7 RT Site Design ............................................................................................................. 177
25.8 Property Landscaping ................................................................................................. 177
25.9 Urban Ancillary Uses .................................................................................................. 177
25.10 Off Street Parking ....................................................................................................... 178
25.11 Impervious Surfaces ................................................................................................... 178
26.0 Residential RM-1 (RM-1) Low and Medium Density Multi-Unit Residential Zone ................ 179
26.1 Zone Intent ................................................................................................................. 179
26.2
Uses of Land .............................................................................................................. 179
26.3
Conditions of Use ...................................................................................................... 180
26.4 RM-1 Zone and Principal Building(s) Development Standards Requirements ........... 180
26.5
RM-1 Zone Requirements for Accessory Building Development Standards ............. 181
26.6 Building Form ............................................................................................................. 182
26.7
Indoor Amenity Space ............................................................................................... 182
26.8 Outdoor Amenity Space ............................................................................................. 182
26.9 Site, Building and Landscape Design .......................................................................... 182
26.10 Off Street Parking ....................................................................................................... 183
26.11 Urban Ancillary Uses - Multi ...................................................................................... 183
27.0 Residential RM-2 (RM-2) High Density Multi-Unit Residential Zone ..................................... 185
27.1 Zone Intent ................................................................................................................. 185
27.2 Uses of Land ............................................................................................................... 185
27.3 Conditions of Use ....................................................................................................... 186
27.4 RM-2 Development Standards Requirements ........................................................... 186
27.5 RM-2 Zone Requirements for Accessory Building Development Standards .............. 187
27.6 Building Form ............................................................................................................. 188
27.7
Indoor Amenity Space ............................................................................................... 188
27.8 Outdoor Amenity Space ............................................................................................. 188
27.9 Site, Building and Landscape Design .......................................................................... 189
27.10 Off Street Parking ....................................................................................................... 189
27.11 Urban Ancillary Uses - Multi ...................................................................................... 190
28.0 Commercial General Zone (CG) ............................................................................................. 191
28.1 Zone Intent ................................................................................................................. 191
28.2
Uses of Land .............................................................................................................. 191
28.3
Conditions of Use ...................................................................................................... 193
28.4 CG Zone and Principal Building(s) Development Standards Requirements ............... 194
30.4 CN Zone and Principal Building(s) Development Standards Requirements ............... 195
28.5 CG Zone Requirements for Accessory Building Development Standards .................. 196
8
28.6 Service Station Use ..................................................................................................... 196
28.7 Landscaping, Site and Building Design ....................................................................... 196
28.8 Off Street Parking and Loading ................................................................................... 197
29.0 Commercial Highway Zone (CH) ............................................................................................ 199
29.1 Zone Intent ................................................................................................................. 199
29.2 Uses of Land ............................................................................................................... 199
29.3 Conditions of Use ....................................................................................................... 201
29.4 CH Zone and Principal Building(s) Development Standards Requirements ............... 203
29.5 CH Zone Requirements for Accessory Building Development Standards .................. 204
29.6 Landscaping, Site and Building Design ....................................................................... 204
29.7 Off Street Parking and Loading ................................................................................... 204
30.0 Commercial Neighbourhood Zone (CN) ................................................................................. 205
30.1 Zone Intent ................................................................................................................. 205
30.2 Uses of Land ............................................................................................................... 205
30.3
Conditions of Use ...................................................................................................... 206
30.5
CN Zone Requirements for Accessory Building Development Standards ................. 207
30.6 Landscaping, Site and Building Design ....................................................................... 207
30.7 Off Street Parking and Loading ................................................................................... 207
31.0 Commercial Downtown Zone (CD) ........................................................................................ 209
31.1
Zone Intent ................................................................................................................ 209
31.2 Uses of Land ............................................................................................................... 209
31.3
Conditions of Use ...................................................................................................... 210
31.4 CD Zone and Principal Building(s) Development Standards Requirements ............... 212
31.5 CD Zone Requirements for Accessory Building Development Standards .................. 212
31.6 Building Form and Design ........................................................................................... 213
31.7 Amenity Space with Apartment Residential Units ..................................................... 213
31.8 Off Street Parking and Loading ................................................................................... 213
32.0 Industrial Light Zone (IL Zone) ............................................................................................... 215
32.1 Zone Intent ................................................................................................................. 215
32.2 Uses of Land ............................................................................................................... 215
32.3
Conditions of Use ...................................................................................................... 216
32.4 IL Zone and Principal Building(s) Development Standards Requirements ................. 219
32.5
IL Zone Requirements for Accessory Building Development Standards ................... 219
32.6
Building Form and Site Design ................................................................................... 219
32.7 Off Street Parking and Loading ................................................................................... 220
33.0 Industrial Special Zone (IS) .................................................................................................... 221
33.1 Zone Intent ................................................................................................................. 221
33.2 Uses of Land ............................................................................................................... 221
9
33.3
Conditions of Use ...................................................................................................... 222
33.4
IS Zone and Principal Building(s) Development Standards Requirements ................. 223
33.5
IS Zone Requirements for Accessory Building Development Standards ................... 223
33.6 IS Zone Site Design ..................................................................................................... 223
33.7
Other Requirements .................................................................................................. 224
33.8 Off Street Parking and Loading ................................................................................... 224
34.0 Industrial Heavy Zone (IH) ..................................................................................................... 225
34.1 Zone Intent ................................................................................................................. 225
34.2 Uses of Land ............................................................................................................... 225
34.3
Conditions of Use ...................................................................................................... 225
34.4
IH Zone and Principal Building(s) Development Standards Requirements ............... 226
34.5 IH Zone Requirements for Accessory Building Development Standards ................... 226
34.6
IH Zone Site Design .................................................................................................... 227
34.7
Off Street Parking and Loading .................................................................................. 227
35.0 COMPREHENSIVE DEVELOPMENT AREA (CDA) - RESIDENTIAL
CLUSTER AND MULTI-UNIT ZONE ................................................................................ 229
35.1 Comprehensive development Area One (CDA-1) .................................................................. 229
35.1.1 Zone Intent ................................................................................................................. 229
35.1.2 Uses of Land ............................................................................................................... 229
35.1.3 Conditions of Use ....................................................................................................... 230
35.1.4 Off Street Parking and Loading ................................................................................... 231
35.2 Comprehensive Development Area TWO (CDA-2) ................................................................ 233
35.2.1 Zone Intent ................................................................................................................. 233
35.2.2 Uses of Land ............................................................................................................... 233
35.2.3 Conditions of Use ....................................................................................................... 233
35.2.4 Off Street Parking and Loading ................................................................................... 234
36.0 Comprehensive Development Area-Residential (CDA-R) ..................................................... 235
36.1 Zone Intent ............................................................................................................................. 235
36.2 Uses of Land ........................................................................................................................... 235
36.3 Conditions of Use ................................................................................................................... 235
36.4 Off Street Parking and Loading .............................................................................................. 236
37.0 Public Use Zone (PU) .............................................................................................................. 237
37.1
Zone Intent ................................................................................................................ 237
37.2 Uses of Land ............................................................................................................... 237
37.3 Conditions of Use ....................................................................................................... 238
37.4 PU Zone and Principal Building(s) Development Standards Requirements ............... 239
37.5 PU Zone Requirements for Accessory Building Development Standards .................. 239
37.6 Off Street Parking and Loading ................................................................................... 239
10
38.0 Recreation and Open Space Zone (ROS) ............................................................................... 241
38.1 Zone Intent ................................................................................................................. 241
38.2 Uses of Land ............................................................................................................... 241
38.3 Conditions of Use ....................................................................................................... 242
38.4 Site Density and Siting ................................................................................................ 242
38.5 Building Height ........................................................................................................... 242
38.6 Off Street Parking ....................................................................................................... 242
39.0 Environmentally Sensitive Area (ESA) .................................................................................... 243
39.1 Zone Intent ................................................................................................................. 243
39.2 Uses of Land ............................................................................................................... 243
39.3 Conditions of Use ....................................................................................................... 243
39.4 Site Density, Siting and Building Height ..................................................................... 244
39.5 Off Street Parking ....................................................................................................... 244
40.0 Conservation Zone (CON) ...................................................................................................... 245
40.1 Zone Intent ................................................................................................................. 245
40.2
Uses of Land .............................................................................................................. 245
40.3 Conditions of Use ....................................................................................................... 245
PART IV: DEVELOPMENT DESIGN GUIDELINES FOR INTENSIVE
RESIDENTIAL, MULTI-UNIT RESIDENTIAL, COMMERCIAL, INDUSTRIAL,
COMPREHENSIVE DEVELOPMENT AND PUBLIC USE SITE DEVELOPMENT
PROPOSALS ................................................................................................................... 247
41.0 Development Design Guidelines ............................................................................................ 247
41.1
Purpose of Development Design Guidelines .............................................................. 247
41.2 Application .................................................................................................................. 247
41.3 General Provisions ...................................................................................................... 248
41.4 Comprehensive Site Layout Development Information ............................................. 248
41.5 Building Design ........................................................................................................... 249
41.6 Landscape Plan ........................................................................................................... 250
41.7 Signage Detail ............................................................................................................. 250
41.8 Development Design Approval ................................................................................... 251
42.0 Intensive Residential Design Guidelines ............................................................................... 253
42.1 Development Design Intent ....................................................................................... 253
42.2 Design Objectives ....................................................................................................... 253
42.3 Development Design Guidelines ................................................................................ 253
43.0 Multi-Unit Residential Design Guidelines ............................................................................. 257
43.1 Development Design Intent ....................................................................................... 257
43.2 Design Objectives ....................................................................................................... 257
43.3 Building Design Guidelines ......................................................................................... 257
11
43.4 Landscape Guidelines ................................................................................................. 260
43.5 Design of Parking Areas .............................................................................................. 261
43.6 Signage and Other Design Considerations ................................................................. 261
44.0 Commercial Development Design Guidelines....................................................................... 263
44.1 Development Design Intent ....................................................................................... 263
44.2 Design Objectives ....................................................................................................... 263
44.3 Building Design ........................................................................................................... 263
44.4
Landscape Guidelines ................................................................................................. 266
44.5 Parking Area Design .................................................................................................... 267
44.6 Signage and Other Design Considerations ................................................................. 268
45.0 Industrial Development Design Guidelines ........................................................................... 269
45.1 Development Design Intent ....................................................................................... 269
45.2 Design Objectives ....................................................................................................... 269
45.3 Site Design .................................................................................................................. 269
45.4 Building Design ........................................................................................................... 270
45.5 Landscaping Guidelines .............................................................................................. 271
45.6
Parking Area Design ................................................................................................... 272
46.0 Comprehensive Development Area Design Guidelines ......................................................... 273
46.1 Development Design Intent ....................................................................................... 273
46.2 Design Objectives ....................................................................................................... 273
46.3 Building and Site Design Guidelines ........................................................................... 273
47.0 Public Use Development Design Guidelines .......................................................................... 275
47.1 Development Design Intent ....................................................................................... 275
47.2 Design Objectives ....................................................................................................... 275
47.3 Building, Site and Landscaping Guidelines ................................................................. 275
47.4 Parking Area and Signage Design Guidelines ............................................................. 275
48.0 South Side of Exploits River Design Guidelines ...................................................................... 277
48.1 Design Intent .............................................................................................................. 277
48.2
Site and Development Design Objectives .................................................................. 277
PART V: NL MINISTER'S DEVELOPMENT REGULATIONS ........................................ 279
APPENDIX 1: ................................................................................................................... 288
GRAND FALLS-WINDSOR MUNICIPAL PLANNING AREA BOUNDARY MAP ............ 288
APPENDIX 2: LAND USE ZONING MAP ......................................................................... 291
12
1
OVERVIEW OF DEVELOPMENT REGULATIONS
-
Intent of Development Regulations
The primary intent of the Development Regulations is to serve as a legal document under the
Newfoundland and Labrador (NL) Urban and Rural Planning Act (2000) to manage and regulate
the use and density of land, the siting of buildings and development standards for property
within the Town of Grand Falls-Windsor, NL in a manner that reflects and conforms to the intent
of the land use policies and objectives of the Town's new Municipal Integrated Community
Sustainability Plan. The new Development Regulations (2022-2032) replace the Town's previous
Development Regulations (2012).
The Development Regulations additionally:
-
Establish varied land use zoning categories for residential, commercial,
comprehensive development, industrial, public use and other uses of land;
-
Specify the permitted, accessory, prohibited and discretionary land uses within
the varied zoning categories;
-
Identify the maximum, and in some instances the minimum, achievable land use
density on specific sites;
-
Detail the standards for development, including the siting, size and height
requirements for new and renovated buildings; and,
-
Outline design criterion for specific developments, including site and building
design, landscaping provisions, signage, parking and outside storage attention.
The overall objective is to enhance the local quality of life for Grand Falls - Windsor residents by
providing for orderly development, protection of the natural environment, achieving an
attractive built environment, creating opportunities for economic growth and expansion, and
minimizing incompatible land use conflicts.
Introductory Summary of Regulations within the Development Regulations
The complete listing of permitted and prohibited land uses, and development requirements and
standards, for property within the Town of Grand Falls-Windsor, and the companion zoning
maps of the Development Regulations, are provided within this document and within
attachments hereto.
The following outline provides a brief summary of the general content of the Development
Regulations document:
2
-
Introductory discussion includes a copy of Town Council's resolution to adopt
the Development Regulations, provision for subsequent tracking of
amendments to the Development Regulations, reference to the NL Minister's
Development Regulations, Canadian Institute of Planners certification and a
Table of Contents.
-
Section 1 commences Part 1 of the Development Regulations by discussing the
scope and application of the Development Regulations.
-
Section 2 defines and interprets varied words and terminology utilized
throughout the Development Regulations.
-
Section 3 commences Part 2 of the Development Regulations by providing for
the administration and enforcement aspect of the Regulations.
-
Section 4 identifies the varied land use zones that are utilized within the
Development Regulations.
-
Section 5 defines the varied permitted, accessory, discretionary, prohibited and
other types of uses.
-
Section 6 defines the basic provisions for building siting, siting exemptions and
the discretionary decisions of Town Council.
-
Section 7 outlines the general regulations that apply for lot area sizes, height,
and minimum floor area and varied other issues such as garage sales.
-
Section 8 discusses requirements for subdivision of land.
-
Section 9 identifies the role that environmental protection plays within the
Development Regulations.
-
Section 10 pertains to the requirements for landscaping and fences.
-
Section 11 details parking requirements for site developments.
-
Section 12 identifies loading requirements for accommodating trucks and other
service vehicles.
-
Section 13 defines the approach for signage and advertisements.
-
Section 14 discusses regulations for Home Based Businesses.
-
Section 15 identifies regulations related to subsidiary apartments in residential
homes.
-
Section 16 briefly discusses Contractors Yards
-
Section 17 briefly discusses Commercial Kennels.
-
Section 18 commences Part 3 of the Development Regulations, wherein 24
individual zones for the land use classes such as residential, commercial,
Industrial, comprehensive development, public uses, recreation and open space,
and other zones are identified; Section 18 begins by introducing the Rural Zone.
-
Section 41 commences Part 4 of the Development Regulations by identifying
Development Design Guidelines for 7 distinct land use types and/or specific
3
development areas; Section 41 begins by discussing the purpose, application
and requirements for land development proposals with respect to the Design
Guidelines.
-
Part 5 of the Development s attaches the NL Minister's Development
Regulations, and represents the concluding text aspect of the Development
Regulations document.
-
Appendix 1 contains the Land Use Zoning map that identifies the zoning for all
land located within the Town of Grand Falls - Windsor, and thereby serves as an
official part of the Development Regulations.
-
How to Use the Development Regulations
Commencing in Regulation 18 for each land use zoning category, a listing of permitted and other
uses, conditions of use and requirements related to land development standards are provided.
The specific land use category or categories applicable to each property within the Town can be
identified by referring to the Development Regulations Map.
In order to determine the provisions of the Development Regulations that affect your property,
the following step by step process may be followed:
1. Locate the property on the Development Regulations map and determine its
zoning (for example RS zones for single family residential homes).
2. Turn to the Development Regulations text, and find the applicable Zone that
matches the map of the property.
3. Determine the permitted, prohibited and other uses, conditions of use,
development standards and requirements for the subject zone. Refer also to the
General Provisions and other relevant Regulations of the Development
Regulations such as required parking, landscaping provisions, and building
design requirements, as applicable to the subject property.
4. The NL Minister's Development Regulations in Part 5 of the Development
Regulations are especially critical to review and understand as where there is a
conflict between the requirements of the Development Regulations and the NL
Minister's Development Regulations, the latter shall apply.
5. Discuss with Town staff any questions that you may have with the Development
Regulations requirements for your property.
4
-
Graphic Sketches
To assist with the understanding of the concepts and requirements of the Development
Regulations, graphic sketches and photos are used in varied regulations within the document.
-
Minister's Development Regulations under the Urban and Rural Planning Act, 2000
A significant component of the Town of Grand Falls-Windsor's Development Regulations is the
Minister's Development Regulations of NL that are applicable to a local government's
Development Regulations under the Urban and Rural Planning Act (2000). The Minister's
Development Regulations are extensive and provide for the following considerations:
- Definitions;
- Application and Interpretation;
- Notice of Right to Appeal, Appeal Requirements and Appeal Registration;
- Prohibited Development;
- Hearing Notice and Meetings and Hearing of Evidence;
- Board Decision;
- Variances and Notice of Variance;
- Residential Non-Conformity;
- Notice and Hearings on Change of Use;
- Non-Conformance with Standards;
- Delegation of Powers; and,
- Commencement date of Regulations.
The NL Minister's Development Regulations shall prevail over the Development Regulations of
the Town of Grand Falls-Windsor, when a conflict of interpretation, application or requirement
arises.
The NL Minister's Development Regulations are attached to this latter part of this document as
Part V. Reference should be made to the Minister's Development Regulations to more fully
understand the applicability of these provincial regulations.
5
PART I: INTRODUCTION
1.0
APPLICATION AND INTERPRETATION
1.1
TITLE
This document and all attachments hereto, including the NL Minister's Development
Regulations, and the Zoning Map shall be cited for all purposes as 'Town of Grand Falls-Windsor
Development Regulations (2022-2032)'.
1.2
PURPOSE
The purpose of the Development Regulations is to regulate and manage the use and
development of land, buildings and future growth within the Town of Grand Falls-Windsor by
assigning a series of zoning categories to land throughout the community, and prescribing the
permitted and other uses of land, and related standards of development and design criterion,
where applicable, for each zone.
1.3
APPLICATION
The provisions of the Development Regulations shall apply to the whole of the area and all lands
located within the boundaries of the Town of Grand Falls-Windsor Municipal Area Boundary and
the area located adjacent on the south side of the Exploits River, collectively defined as the
Municipal Planning Area Boundary under the Urban and Rural Planning Act, 2000. Unless
otherwise provided, no lands or the surface of the water shall be used, and no buildings or
structures shall be erected, altered, enlarged, moved or used, unless in conformity with the
Development Regulations, and the contrary shall be unlawful.
The Development Regulations come into effect for the entire Municipal Planning Area Boundary
of the Town of Grand Falls-Windsor on the date of publication in the Newfoundland Gazette of a
notice of registration of the Development Regulations. The Development Regulations are
intended to serve as a complimentary and companion document to the Town's Municipal
Integrated Community Sustainability Plan (MICSP). As the MICSP is reviewed and updated, the
Development Regulations are to be also reviewed and updated to support the intent of the
Municipal ICSP.
6
1.4
INTERPRETATION
1. Words used in the present tense shall include the other tenses and derivative forms; words
used in the singular include the plural and vice versa; and the word 'person' includes a
corporation, firm, partnership, trust, and other similar entities as well as an individual.
Words have the same meaning whether they are capitalized or not.
2. The words 'shall' and 'is' require mandatory compliance except where a variance has been
granted pursuant to the NL Urban and Rural Planning Act (2000).
3. Words, phrases and other terms neither defined in this Regulation nor in the Urban and
Rural Planning Act shall be given their usual and customary meaning in the context in which
they are used in the Development Regulations.
4. Where a regulation within this document involves two or more conditions, provisions, or
events connected by the conjunction 'and', the meaning is that all connected items shall
apply in combination; use of the word 'or' indicates that the items shall apply singly but not
in combination; and use of 'and/or' conveys that the connected items may apply singly or in
combination.
5. Town staff shall interpret, where necessary, the Development Regulations for local
residents, property owners, business persons, land developers and other persons. If
ambiguity arises, concerning the context, interpretation or application of this bylaw, Town
staff, where necessary, shall set forth the relevant information and its interpretation in a
recommendation for Town Council. Council shall consider the findings and interpretation of
the Town staff and render a final decision and interpretation on the matter.
6. In the event of a conflict between the provisions of the Development Regulations and the
provisions of any other Town standard or requirement, the most restrictive provisions shall
govern.
7. Where there is a conflict between the Development Regulations and the NL Minister's
Development Regulations, the Minister's Development Regulations shall apply.
8. Town Council may, in its discretion, determine the uses that may or may not be developed
in a use zone and those uses shall be listed in the Development Regulations as permitted,
accessory, discretionary or prohibited uses for that area.
7
1.5
NOTICE OF RIGHT TO APPEAL
The person to whom a Town's decision applies shall have the right to appeal that decision in
accordance with the provisions of Sections 42 to 46 of the Urban and Rural Planning Act, 2000
which states in 42 (1): "...Where the Town makes a decision to perform any of the following:
-
To refuse to issue a Development Permit to undertake a proposed land and/or building
development, or other form of development;
-
To revoke an approval or a permit to undertake a development;
-
To issue a stop work order or other order; and/or
-
To make a decision under the Urban and Rural Planning Act, or other Act, that is
permitted to be appealed;" [end of excerpt from the Act]
1.6
REPEAL OF PREVIOUS REGULATIONS
The previous "Development Regulations" adopted by Town of Grand Falls-Windsor Council on
July 31, 2012 and all amendments thereto are hereby repealed.
1.7
NO RELIEF FROM OTHER PROVISIONS
Nothing contained within the Development Regulations shall be construed as relieving any
person or party to whom a building permit or variance is issued from complying with any other
legislation, order or regulation requiring a license or permit to accomplish, engage in, carry on or
maintain a particular business, enterprise, occupation, transaction or use.
Nothing contained within the Development Regulations shall be construed as validating or
legalizing any land use violation of any Town requirement, or other legislation, order or
regulation.
1.8
SEVERABILITY
If any Regulation, paragraph or phrase of this document is for any reason held to be invalid by a
decision of a Court, such decision will not affect the validity of the remaining portions of the
Development Regulations.
1.9
STANDARD ABBREVIATIONS
Throughout the Development Regulations, the following standard abbreviations may be used to
allow for a more concise format:
8
Abbreviation
Term
cm
centimeters
CSA
Canadian Standards Association
ESA
Environmentally Sensitive Area
ha
hectare or hectares (unit of area equal to 10,000 square meters)
m
metre or metres
m2
metres squared
m3
cubic metres
ICSMP
Integrated Community Sustainability Municipal Plan
NL
Province of Newfoundland and Labrador
upha
units per hectare
1.10 UNITS OF MEASUREMENT
Metric units of measurement, area and volume are used throughout the Development
Regulations.
Calculations determining the maximum number of parking spaces shall be rounded to the
nearest whole number.
Where a Lot contains more than one zone, each zoned area shall be treated as a separate lot
for the purpose of calculating minimum lot area (where applicable), lot width, and maximum lot
coverage. All uses that are accessory to a Permitted Use shall be provided within the area zoned
for the Permitted Use.
9
2.0
DEFINITIONS
2.1
INTERPRETATION
1. The following bolded words indicate terms that are defined as part of the Development
Regulations document, particularly within the listed uses within each zone category.
Capitalized words also represent defined individual words or defined phrases of two or
more words.
2. The following definitions are categorized alphabetically by the applicable first letter of
the defined word.
3. The following listed definitions shall apply throughout this document, and shall provide
specific interpretative meaning to the principal, accessory, discretionary and prohibited
uses identified within Regulations 18 to 40 (Land Use Zone Categories) of the
Development Regulations.
4. Terms and words in this regulation which are defined in the Urban and Rural Planning
Act, 2000 and Development Regulations, 2000, have the meaning expressed in that Act
and cannot be amended by the Council; these are identified by a logo, as noted below:
= Definitions from the Urban and Rural Planning Act, 2000 (the Act);
these cannot be amended by Council; and,
5.
= Definitions from the Minister's Development Regulations under the
Urban and Rural Planning Act, 2000; these cannot be amended by Council.
2.2
DEFINITIONS USED IN THE DEVELOPMENT REGULATIONS
A
Abattoir means an industrial Building use where animals are slaughtered or butchered, and the
meat is packaged and distributed for domestic consumption.
Access means a way or method of approach or entry either utilized or intended to be used by
pedestrians, animals or vehicles to go from a Street to adjacent or nearby Land, or to go from
land to a Street.
Accessory use means a Use customarily associated, incidental, subordinate, secondary,
subsidiary and exclusively devoted to a permitted Principal Use.
10
accessory building"
includes
(i) a detached subordinate building not used as a dwelling, located on the same lot
as the main building to which it is an accessory and which has a use that is customarily incidental
or complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or
radio and television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
In addition to the above definition, shipping containers will be considered as an accessory
building under the conditions set out in Regulation 7.5.2 and the definition is set out as follows:
Shipping container: A Shipping Container means an intermodal freight container that is
an enclosed unit that is used for the transportation and storage of goods and materials
which are loaded onto trucks, trains or ships for the purpose of moving of goods and
materials. For the purpose of this definition a shipping container does not have wheels
and does not include a truck body, trailer or transport trailer.
Note that Swimming pools, for the purposes of these regulations, apply to permanently installed
swimming pools, not the temporary, removable, above-ground swimming pools.
Accessory Employee Residential means a self-contained residential dwelling use of a maximum
Floor Area size not exceeding 110 m2 that is secondary to the Principal Use, and located entirely
within the Principal Building, and is used for a maximum of one Dwelling Unit for the
accommodation of an employee of the business operating from the Principal Building.
Accessory Retail means an Accessory Use associated with an Industrial Use located in and
limited to 25 percent of the Floor Area of a building which contains an Industrial Use.
Act means the Urban and Rural Planning Act (2000) of Newfoundland Labrador (NL), and all
amendments related thereto.
Adjoining means having a common boundary.
Adult Care Facility means a premise where individual Apartment residential units for senior
residents are provided in conjunction with common facilities such as a dining room and
recreational/ social amenities.
11
Adult Entertainment Use means any premises or part thereof where objects and/or services,
including entertainment, of a sexual nature, except contraceptives, are sold or offered for sale,
and includes all adult entertainment products and services, adult entertainment dancing and
striptease, body rub parlour, adult movie theatre, adult video store, escort service and similar.
Advertisement means any word, letter, model, Sign, placard, board, computerized reader
board, billboard, notice, computerized screen, device or representation, whether illuminated or
not, in the nature of and employed wholly or in part for promoting, advertising , displaying,
directing or announcing , by visible or other means, a product, service, place or event; excluding
such activities or announcements utilized as a memorial, and any functional advertisement of
Town Council, or other local authorities, public utilities and public transportation carriers.
Agriculture means a Use providing for the growing, rearing, producing and harvesting of
agricultural products including horticulture, fruit growing, grain growing, seed growing, and the
preliminary grading of such products for shipment, and the preliminary grading of Land for
agricultural products to be grown, the Storage of farm machinery, implements and agricultural
supplies and repairs to farm machinery used on that Land, and dairy farming, the breeding or
rearing of livestock in accordance with the limitations defined by Animal Unit, (and in
conformance with the Environmental Farm Practices Guidelines for Livestock Producers in NL,
2001of the Land Resources Stewardship Division) including any animal kept for the production
of food and wool, or for the purpose of its use in the farming of Land, the Use of Land for
grazing, meadow Land, osier Land, market gardens, nursery grounds, and the Use of Land for
woodlands where that Use is ancillary to the farming of Land for an agricultural purpose.
Excluded uses consist of all manufacturing, any processing, Storage and/or repairs not
specifically included in this definition.
Amusement Centre means any premise that contains three or more mechanical or electronic
video, pinball, or similar game machines, operated by one or more players, and include billiard
and pool halls, and which normally requires the insertion of coin or payment of fee for use.
Apartment Residential Use means a higher Density Residential Use where a Building or part of a
Building on a Lot is used for two or more dwelling units, and where each Dwelling Unit has its
principal access from a common entrance, foyer or hallway.
APPLICANT
means a person who has applied to an authority for an approval or permit to
carry out a development;
Appeal Board refers to the Appeal Board established under the Act.
12
Appurtenances refer to architectural features added to the main body of a Building, including
awnings, canopies, balconies, turrets, cupolas, spires, belfries, dormers and chimneys.
Art Gallery is a Commercial Use for the display and sale of original works of artists from varied
art mediums.
Arterial Street means a Street that serves and functions as a main traffic artery or vehicular
route of the community.
Artist Live-Work Studios refer to a Commercial Downtown business use intended to serve as a
tourism draw and as a cultural commitment by the Town to accommodate artists of varied
mediums to conduct their profession and have residential dwelling accommodation within one
floor space or building area. A development permit is required for 'artist live-work' studios and
the unit should be recorded in the same manner as subsidiary apartments.
Asphalt Plant refers to an Industrial Use that prepares and produces asphalt to be used in road
paving and other applications, and where plant siting needs to be sensitive to potential nuisance
impacts of noise, odours, smoke, dust, vibrations to adjacent lands.
Assembly means a Use which provides for the gathering of persons for religious, charitable,
philanthropic, cultural, recreational, entertainment or educational purposes; includes churches,
monasteries, cultural centers, cultural events, outdoor concerts, auditoriums, youth and senior
centers, social halls, banquet, meeting and reception rooms, group camps, performing arts
theatres and similar community functions and events.
Auction means a public sale of goods or property in which prospective purchasers place bids for
purchase until the highest purchase price is reached.
Authority refers to Town Council and other authorized administrators such as Province of NL or
a regional administrative entity.
Auto Body Repair means a Commercial Use for the repair, painting, fabrication and detailing of
the body of auto Motor Vehicles.
Automotive Repair means a Commercial Use for the repair and maintenance of Motor Vehicles.
13
B
Balcony means a partially enclosed extension on an above ground floor of a Building.
Bare Land Strata refers to the Subdivision of Land into lots and common property, where the
bare land strata lots may be sold as individual lots, and where the common property on the
subdivision site such as parkland, internal roads, infrastructure services, recreational and
amenity facilities are deemed as common assets to all the bare land strata owners, and must be
maintained by the Lot owners.
Basement means that portion of a Building which is located below the first storey of a Building
and is not less than 50% below Natural Grade of the Lot on which the Building is located.
Bed and Breakfast means a business operated and conducted by the members of a Family as an
Accessory Home-Based Business providing temporary sleeping accommodation and a morning
meal, for a prescribed charge on a daily basis, and where such accommodation consists of not
more than 4 sleeping rooms within the principal Dwelling Unit.
Beverage Container Return Centre means a Use located entirely within an enclosed Building for
collecting, sorting, refunding, storing and preparing empty beverage containers for shipping to
processing centres.
Boarding means an Accessory Use providing for the lodging and for the paid accommodation of
persons, other than the immediate Family of the home owner or tenant, and that is contained
entirely within a Single Unit Residential Dwelling, and is limited to not more than 4 bedrooms
and a maximum of 3 persons. Meals for boarders are available from the Single Unit Residential
Dwelling.
BUILDING
means
(i) a structure, erection, alteration or improvement placed on, over or under land or attached,
anchored or moored to land,
(ii) mobile structures, vehicles and marine vessels industrial and other similar uses,
(iii) a part of and fixtures on buildings referred to in subparagraphs (i) and (ii), and
(iv) an excavation of land whether or not that excavation is associated with the intended or
actual construction of a building or thing referred to in subparagraphs (i) to (iii);
14
Building Area means that portion of a Lot that does not contain Environmentally Sensitive Area
or Hazardous Lands, and is available for accommodating a Building in accordance with the
Permitted Uses, siting, size, and dimension regulations in this Bylaw.
Building Code means the provincial and/ or federal government legislation and related policies,
regulations and requirements that are applicable to constructing a Building or Structure, and
similar such activities.
Building Footprint means the ground level, main Floor Area of a Building or Structure on a Lot or
property, and thereby represents the building's footprint on the Land.
BUILDING HEIGHT
means the vertical distance, measured in metres from the established
grade to the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(ii) mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in any
case, a building height shall not include mechanical structure, smokestacks, steeples and purely
ornamental structures above a roof;
15
Building Inspector means the person employed by the Town of Grand Falls-Windsor to review
and approve Building Permit applications, and to enforce the provisions of the National Building
Code, the Development Regulations and other related legislation and bylaws.
BUILDING LINE
means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that a building may be placed;
Building Massing means the extent of bulk and size of any one part of a Building that is the
same and devoid of any appealing architectural detail or design such as evident with a long
blank wall of a Building.
Building Permit means a permit issued by the Town of Grand Falls-Windsor authorizing the
owner of Land or his agent to construct a Building or Structure, or to make structural additions
and alterations to same.
Building Supplies Store a commercial Retail store of hardware, home-ware, equipment and
related goods and materials, and providing for the Storage and sale of lumber and building
materials, where the Storage of lumber as an Accessory Enclosed Storage Use can exceed 15 %
of the Floor Area size of the Building; however, Council, at its discretion can require that
outdoor storage be screened or covered.
C
Cabaret means a commercial business Use providing for the sale and consumption of alcoholic
beverages, with or without service of food, in which patron dancing to live or recorded music is
available on a dance floor, and includes a nightclub, but excludes stand-alone Pubs, and lounges
and Pubs within a Hotel, and Adult Entertainment Use.
Café means a small or inexpensive Restaurant serving light or easily prepared meals, food and
refreshments.
Campground means a Use providing for the provision of space for temporary overnight
accommodation of the traveling public in camper trailers, Recreation Vehicles and tents, and
may include a campground office for guest registration, accessory dining, Convenience Store,
laundry facilities and Indoor Amenity Space.
Cannabis store has the same meaning as provided in the Cannabis Control Act, 2018 which
means a place or premises in or at which the primary business is the sale of cannabis and entry
into that place or premises is restricted; all provincial and federal statutes and regulations apply.
16
Cannabis Production facilities mean a building where the manufacture of cannabis products
occurs by a producer as defined in the Cannabis Control Act, 2018, which means a person who
holds a valid license issued under the federal Act to produce cannabis for commercial purposes
and holds a valid authorization;
Cannabis retail location as defined under the Cannabis Control Act, 2018, means a place or
premises that is not a cannabis store but in or at which the sale of cannabis is part of the
business;
Car Wash means a Facility for washing, cleaning and detailing of automotive vehicles.
Caretaker refers to a person who is solely employed to look after a house, Building or property.
Cemetery means a Facility or Land area reserved and dedicated to the burial of the dead and
includes a crematorium, mausoleum, mortuary and related maintenance facility.
Child Care Centre means a Personal Care Commercial Use that includes a Building or part of a
Building with services and regular activities for children for group day care, family day care, pre-
school, play school, out-of-school care, specialized day care and emergency day care, all as
licensed and regulated by the Province of NL. A Child Care Centre, that is to be operated as a
Home-Based Business Use, shall be limited to a maximum of 8 children.
Church means a Facility and amenity buildings that provide for the Assembly of persons of any
religious denomination for religious, place of worship and charitable purposes.
Civic Use means a Use providing for Public Use functions by federal, provincial and municipal
governments, and also by a public school board, college board, or library board; includes
municipal, provincial and federal offices, schools, colleges, museums and archives, libraries,
community centres, public recreational facilities including arenas and stadiums, correctional
facilities, courts of law, exhibition grounds, municipal yards, public swimming pools, and public
washrooms. A civic use may also include specific community programs such as a Food Bank.
Club or Lodge means a building or structure used by a non-profit association or organization for
fraternal, social or recreational purposes.
Cluster Residential Development means a planning approach to Land wherein either lots or
Multi-Unit Residential Dwelling Units are arranged and sited on a portion of the development
17
property in a manner to preserve areas of environmental sensitivity or wildlife habitat, and as
indicated by the illustrative sketch that follows.
Collector Street means a Street that is designed to accommodate the flow of traffic from, and to
link Local Streets with, the primary vehicular routes of the community, Arterial Streets.
Commercial Composting means a processing use that converts imported solid waste, including
plant debris, decayed organic matter, municipal solid waste or agricultural animal waste, into a
material to be sold for the purpose of fertilizing and conditioning the soil for growing produce
and nursery plantings.
Commercial Outdoor Recreation Use means a use providing for extensive open-air commercial
recreation facilities and the minor Retail sales and services customarily associated with such
facilities; without limiting the generality of the foregoing, includes drive-in theatres, golf
courses, driving ranges, sports clubs, rifle ranges, water slides, paint ball property, marinas and
race tracks.
Commercial Use means a Use providing for the sale or rental of goods and services, for the
provision of personal and non-personal services, or for general servicing and repair of goods and
vehicles; without limiting the generality of the foregoing, includes Retail sales, department
stores, shops, grocery stores, pharmacy, Shopping Centre, Second Hand Store, Offices, Hotels
and Motels, Restaurant uses, Pub, commercial schools, Personal Service Use, Indoor Recreation,
Entertainment and Recreation services, household and non-household services and repairs, and
similar such uses; excludes a Cabaret, Industrial Use, Auto-Body Repair, , Wholesale Use, Mini-
Storage, Auctions, and Warehousing Uses.
18
Commercial Downtown Use means a Use primarily providing for a pedestrian sidewalk level and
small storefront character of shopping experience that serves the function for the sale or rental
of goods and services, or for the provision of personal and non-personal services;
Commercial General Use means a Use with a primarily automobile dependent access character
and consisting of a mix of large lot 'big-box' and smaller commercial sites and shops that provide
for the sale or rental of a wide range of goods and services, or for the provision of personal and
non-personal services;
Commercial Highway Use means a Use for accommodating the needs of the traveling public on
properties adjacent to major highways and Arterial Streets, and for providing for local
commercial services on large lot properties with possible requirements for Accessory
Unenclosed Storage and significant development setbacks to adjacent residential uses;
Commercial Neighbourhood Use means either a Convenience Store use, or a Use of two to
twelve businesses intended to provide for the limited commercial sale of goods and provision of
services to meet the daily shopping needs of primarily the nearby residential neighbourhood, in
the form of small-scale stores and shops. excludes Uses not compatible with the residential
character of the neighbourhood.
Compact Lot refers to the economically efficient Residential Use of the Urban Development
Area through Subdivision creation of 465 m2 lots for homes that are a minimum of 80 m2 in size,
and development of a small footprint Single Family Residential homes thereon through a Council
approval process of design management.
Comprehensive Development Area means those large Development site areas within the
community that are intended to be comprehensively developed with a range and mix of land
uses.
Congregate Care Apartment means a Facility providing for varied Apartment Residential Uses
for elderly citizens in conjunction with a common dining room and appropriately sized individual
kitchen facilities, social and recreational areas, and amenity uses such as a hairdressing salon
and a gift shop for use by Apartment residents and may include a Dwelling Unit for a resident
manager.
Confined lot means a lot that does not meet the lot dimensions for the development standards
for the zone and the lot and cannot be brought into conformance because existing development
prevents the acquisition of land to bring it into conformance without putting those adjacent
19
properties out of conformance. Development can only be considered if it meets the minimum
standards for Confined lots as set out on the Development Standards table for the zone in which
the lot is located.
Conservation means a Use where Land is held, preserved, protected and/ or reserved for
protection of viewscape from major roads including the Trans-Canada highway, future potential
Environmentally Sensitive Area designated lands, and other open space, park and trail uses and
only allowing developments associated with the conservation use as discretionary uses.
Contractor Yards refer to the Use of Land where building construction and related materials and
equipment are stored.
Convenience Store means a commercial establishment that retails grocery and other daily
convenience items and services to the immediate residential neighbourhood, and where the
total floor area of the store is less than 1,000 m2.
Corner Lot means a Lot situated at the intersection of two or more Streets, as indicated by the
following illustrative sketch.
Cornice means an architectural design element that is a projecting horizontal decorative
molding along the top of a wall or at the top of a Building where it meets the roof line.
COUNCIL
means a council as defined in the City of Corner Brook Act, City of Mount Pearl
Act, Municipalities Act, 1999 and the city council as defined in the City of St. John's Act;
Covered Parking means a Motor Vehicle parking use which is located within or under a Building
or Structure.
20
Crime Prevention Through Environmental Design (CPTED) is a planning review process that
involves the local police authority reviewing proposed site and Building design plans and to
amend such plans, where necessary, in a manner to better ensure site, Building and public
safety.
Cultural Use means a local land Use or activity that involves heritage, historical, artistic,
customary, and social expression of local values for economic, tourism, community and
entertainment benefit and enjoyment.
D
Density means a measurement of the intensity of Use or Development on a Lot which shall
either be calculated as Lot Coverage or Unit Density.
Density, Unit means the figure expressed as units per hectare obtained by dividing the total
number of Dwelling Units by the Lot Area upon which the units are located or proposed to be
located; the calculation of Density includes all Developable Area of the Lot or property, but does
not include an Environmentally Sensitive Area that may contain the Natural Boundary of a pond,
lake, river, stream, Wetland or other body of water, and sloping or other Hazard lands, unless
specifically included by a provision of the Development Regulations, and shall specifically
exclude that portion of the Lot required for public Park dedication, public road right-of-way,
pedestrian walking trail, stormwater detention, and that portion of the common property in
strata development which is used for access routes.
Department Store refers to a commercial business outlet that is customarily part of a larger
regional or national chain of multiple commercial Retail stores, and may include clothing apparel
sales, house-ware goods, hardware items, general merchandise, automotive accessories,
furniture, flooring, sporting goods, pharmacy, office supplies and similar varied Retail items.
Developable Area means the area of a Lot or property that may be built upon and developed,
and does not include any pond, lake, river, stream, Wetland, marsh or other Environmentally
Sensitive Area lands, and does not include the area of the property that is characterized by
geotechnical limitations, severe slopes in excess of 20%, protected archaeological sites and
unstable soils, and does not include those portions of the property specifically excluded from
Land Development in accordance with the provisions of the Development Regulations.
DEVELOPMENT
means the carrying out of building, engineering, mining or other
operations in, on, over or under land, or the making of a material change in the use, or the
intensity of use of land, buildings or premises and the:
21
(i) making of an access onto a highway, road or way,
(ii) erection of an advertisement or sign,
(iii) construction of a building,
(iv) parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an
office, or for living accommodation, and excludes the
(v) carrying out of works for the maintenance, improvement or other alteration of a 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,
(vi) carrying out by a highway authority of works required for the maintenance or improvement
of a road, being works carried out on land within the boundaries of the road reservation,
(vii) carrying out by a local authority or statutory undertakers of works for the purpose of
inspecting, repairing or renewing sewers, mains, pipes, cables or other apparatus, including the
breaking open of street or other land for that purpose, and
(viii) use of a building or land within the courtyard of a dwelling house for a purpose incidental
to the enjoyment of the dwelling house as a dwelling;
Development Regulations
means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority; and development
regulations means regulations made under sections 34 to 38;
Development Permit refers to an application to Council where consideration to authorize and
allow a Land and/or Building Development to proceed is undertaken by Council, and where so
authorized, the Town outlines identified conditions and requirements for the proponent to
adhere to as part of Development Permit application approval.
Development Setback Distance means that portion of a Lot that is to be preserved as a natural
undisturbed area from an Environmentally Sensitive Area, and as prescribed in the Development
Regulations in accordance with the required building Setback distance intended for each type of
Land use for site Development, as illustrated by the following sketch.
22
Director means the person serving as the Director of Urban and Rural Planning.
Discretionary Use
means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations;
Drive Through Commercial means a Commercial Use that provides services and goods to
customers where the customers have a choice to remain in their vehicle, and includes drive-
through Restaurants, banks and similar uses.
Duplex means a residential Building limited to two attached Dwelling Units, that are either
horizontally connected and share a common party wall at least 4.5 metres in length, or are
vertically connected with one unit above the other, and with each Dwelling Unit having a
separate outside entrance; excludes a self-contained Single Family Residential Dwelling Unit
containing a Subsidiary Apartment.
Dwelling Unit means a self-contained residential unit consisting of one or more habitable rooms
of complimentary use, occupied or intended to be occupied as the residential living quarters by
one person or one Family, and providing for only one cooking facility or Kitchen.
E
Electric Power Generation Facility means a Facility for the generation of electricity from wind,
biomass and water, or by the burning of fossil fuels.
Enclosed Storage means an Accessory Use providing for the Storage of goods or things
customarily associated with the primary Permitted Use of the property, and where such Storage
must be completely enclosed within a Building.
Engineer means the person employed by the Town of Grand Falls-Windsor as the municipal
engineer, or a consultant professional engineer retained by an Applicant or the Authority.
Entertainment and Recreation means a privately operated Commercial Use located within a
Building or Structure for members of the public to engage in entertainment or recreation
activities, and includes the operation of bowling alleys, indoor arena and skating rink, swimming
facility, curling rink, movie theatres, performing arts and similar activities.
23
Environmentally Sensitive Area means that portion of a Lot that is precluded from
Development because of its ecologically sensitive features of a water body, endangered species
or protected flora, as determined by a professional biologist, or qualified environment
representatives of the Province of NL or the federal Department of Fisheries and Oceans.
ESTABLISHED GRADE
means,
(i) where used in reference to a building, the average elevation of the finished surface of the
ground where it meets the exterior or the front of that building exclusive of any artificial
embankment or entrenchment, or
(ii) where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure, exclusive of any artificial
embankment or entrenchment;
Exterior Side Lot Line means a property Lot Line that is neither a Front nor Rear Lot Line but is
common to a Street or Lane, as illustrated in the following sketch.
F
Facility means Land or a Building, or any portion or combination thereof, intended to be used
for a primary Permitted, Accessory or Discretionary Use of a property.
Family means a household unit of one or more persons related by blood or marriage including
common-law, legal adoption, foster care, Family care or legal guardianship, or not more than
four (4) persons not necessarily related by blood or marriage including common-law, legal
adoption or legal guardianship, that share one Dwelling Unit.
24
Farmers Market means an indoor or outdoor Use providing for temporary commercial sales by
varied vendors of locally grown produce, preserves and other secondary agricultural products
such as cheese and honey, smoked and preserved meats and fish, arts and crafts, home baking
and light refreshments.
Fascia Sign refers to a Sign that is placed and adhered to the flat surface of a Building, such as a
Sign on the flat surface above a commercial shop or store window.
Fence is a constructed barrier that divides and separates property, and which may provide
privacy, security and protection; a fence is only to be installed and constructed in accordance
with siting and height requirements of the Development Regulations; except for a farm use for
livestock, no fences within residential areas are to use barbed or razor wire materials.
Financial Services means a Use providing commercial financial services to the public; includes a
bank, trust company, savings and loan, credit union, mortgage and finance company, cheque
cashing service, income tax service, investment and stock brokerage management service,
accountant and bookkeeping, and similar such uses.
Fish Bearing Stream means a stream where fish are present or potentially present.
Floodplain means that area defined by the Province of NL as at risk to flooding.
FLOOR AREA
means the total area of all floors in a building measured to the outside face
of exterior walls;
Floor Area Ratio means a numerical value that is obtained by dividing the total Floor Area of all
the buildings, including any basement, on a Lot by the total site area of the Lot on which they
are located; excludes any areas used for parking purposes.
Forestry means the Industrial Resource extraction, cutting, grading, commercial harvesting and
related processing of trees, and the use of Land, buildings and equipment related thereto.
Front Lot Line means a Lot Line that is common to a Street and the Lot, and in the case of a
Corner Lot, the shortest lot line facing the Street shall be the front lot line, and in the case of
double fronting lots or where the lot lines are equal in length, the front lot line shall be
determined by the orientation direction of the majority of adjacent neighbourhood buildings.
25
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, as indicated by the following diagram.
G
Garage means a detached Accessory Building or a portion of a Principal Building used solely for
the parking or temporary Storage of motor vehicles, and in which there are no commercial
facilities for repairing or servicing such vehicles.
Garage Sales represent an informal display for sale of household goods, clothing and materials
on the property where the household family resides; excludes off-site 'flea market roadside
tables'.
Garden means a planned spaced used for horticulture which includes the growing of fruit,
vegetables, flowers or ornamental plants. Note that mushrooms are a fungus are can only be
cultivated indoors in a residential zone.
General Garage means Land or buildings used exclusively for repair, maintenance and Storage
of motor vehicles, and may include the sale of gasoline, diesel and other petroleum products.
Grocery Store typically refers to a Commercial Use food store wherein varied packaged and
unpackaged food items are displayed and available for sale; may include meats, poultry and fish,
dairy products, fruits and vegetables, frozen foods, packaged and canned foods, and other
related consumption items. Emerging marketplace trends define traditional grocery stores as
26
superstores in that the provision of food has evolved to also include a wide range of general
merchandise and Personal Service uses, including the commercial sale of pharmacy items,
clothing, house wares, furniture and appliances, photography items and similar varied goods,
and services ranging from Financial Services to Restaurants to cosmetic care.
H
Hazardous Industry means the Use of Land or buildings for industrial purposes involving the use
of materials or processes which because of their inherent character, involve public safety risks,
including fire, explosion, noxious, radiation and other similar hazards; includes the industrial
stockpiling and Storage of auto tires.
Hazard Lands refer to property at risk to Land Development and/ or habitation because of the
property characteristics of geotechnical or soil stability concerns, severe slopes in excess of 25
%, floodplain area lands, forest fire interface high risk category lands, and similar property.
Height means the greatest vertical distance from Established Grade to the top-most part of the
Building.
Highway means any Street, Road, Lane, trail, bridge, viaduct and any other way open to use of
the public.
Historic Building means a Building designated by Council as being of historical importance, or of
cultural or heritage value.
Hobby Farm means a small farm that is maintained without expectation of being a primary
source of income. Some are merely to provide some recreational land, and perhaps a few horses
for the family's children. Others are managed as working farms for sideline income, or are even
run at an ongoing loss as a lifestyle choice by people with the means to do so, functioning more
like a country home than a business. Hobby farms are allowed in the Rural zone.
Home Based Business means an Accessory business use to a residential Dwelling Unit where a
resident conducts a profession or occupation that is clearly incidental to the primary Residential
Use and is in accordance with the provisions defined by Regulation 14.0 Home Based Businesses
of the Development Regulations; excludes adult entertainment, automobile repair and servicing,
tow truck operations and similar other uses that are not in character with the Residential Use of
the neighbourhood.
27
Hospital refers to an institutional Facility that serves as the primary health, medical and
emergency care center located within the community, and serving a regional area.
Hotel means a Building containing commercial guest accommodation units, interior access to
the accommodation units, a lobby area for guest registration and may contain Accessory uses
such as a Restaurant, licensed drinking facilities, gift shop and retail sales, internet services,
Office use, swimming pool and exercise facilities, health spa, car rental outlet, meeting and
banquet rooms, and similar ancillary uses.
Household pet means a companion animal that is kept primarily for a person's company or
entertainment rather than as a working animal, livestock or a laboratory animal. Two of the
most popular pets are dogs and cats; other animals commonly kept include, but are not limited
to, rabbits; ferrets; rodents, such as gerbils, hamsters, chinchillas, rats, mice, and guinea pigs;
avian pets, such as parrots, passerines; reptile pets, such as turtles, lizards, and snakes; aquatic
pets, such as fish, amphibians like frogs and salamanders.
Household Size refers to the average number of residents within one residential Dwelling Unit
as determined by dividing the total population of Grand Falls-Windsor by the total number of
residential dwelling units.
I
Impervious Surface means any hard surfaced, man-made area that does not readily absorb or
retain water, including but not limited to roofs, parking and driveway areas, asphalt, cement or
any other hard surface.
Indoor Amenity Space means an indoor, non-commercial use that is Accessory to Multi-Unit
Residential and Mobile Home Park use zones for the purpose of providing for social or
recreational facilities for use by residents and their guests, and includes meeting rooms, games,
crafts and wood-working rooms, common rooms, swimming pools and saunas, and similar
amenity facilities.
Indoor Recreation means recreational facilities and associated commercial uses operated for
gain and contained exclusively within a Building, and include climbing, health and fitness clubs,
racquet clubs, yoga and exercising, spa and other similar recreation and exercise activities.
Industrial Café means an eating establishment having a Floor Area less than 180 square metres ,
a seating capacity of no more than 40 seats, and intended to serve the immediate industrial area
workforce.
28
Industrial Use means a Use providing for the manufacturing, processing, fabricating, assembling,
storing, transporting, distributing, wholesaling, testing, servicing, or repairing of goods,
materials, machinery or motor vehicles, and associated Accessory Retail Uses and Office Uses.
Industrial Light means a Use of Land or a Building that is not offensive by reason of smoke,
vibration, smell, toxic fumes, grit, soot, ash, dust, glare, electrical or electronic interference,
noise or appearance, and where such Use does not interfere with the Use and amenity of an
adjacent Lot and surrounding area , and further where such Use provides for a wide range of
manufacturing, processing, assembling, storing, distributing, wholesaling, and fabricating
operations that are wholly enclosed within a Building or Structure; includes limited Accessory
Retail uses related thereto, includes businesses involved with the repairing and servicing of
goods, materials, machinery and vehicles.
Industrial Resource means a Rural Accessory Use associated with natural resource materials in
extraction and preliminary grading, sorting and processing operations and more extensive
manufacturing of the raw materials; includes activities associated with forestry, minerals and
Mineral Working, gravel pits and quarries and other resource industries.
Industrial Special means a Use that is located on a large Lot area and typically non-serviced site,
where the intended industrial business is deemed as incompatible with Residential Uses.
Industrial Heavy means industrial uses, which, by their nature, generate noise, fumes, odours,
and are hazardous or obnoxious.
This would include manufacturing uses which are required to be registered under the
Environmental Assessment Act, such as:
a.
Processing of meat, fish and poultry products
b.
Feed Mills
c.
Distilleries, breweries or wineries (excluding micro-breweries)
d.
Manufacture of rubber products such as tires and tubes
e.
Manufacture of plastic products
f.
Leather and allied products such as leather tanneries
g.
Manufacture of textile products
h.
Sawmills, planing mills, shingle mill products industries
i.
Paper and allied products manufacturing
j.
Manufacturing, refining and fabricating of metal products
k.
Manufacturing of clay products, cements, and other non-metallic mineral products
l.
Refining of petroleum products
29
m.
Manufacture of chemical and chemical products including industrial, agricultural,
plastics and synthetic resins, paints and varnishes, soaps and cleaning compounds
n.
Other manufacturing uses including photographic films and plates, floor tiles and coated
fabrics manufacturing.
Intensive Residential refers to the Use of 465 m2 Compact residential Lots as representing an
economically efficient use of the existing serviced residential area through Development of
incremental higher Density forms of housing in conjunction with design guidelines.
Interior Side Lot Line means the Lot Line that is not the Front or Rear Lot Line and that is
common to an adjoining Lot, Lane or walkway, as indicated by the following sketch.
K
Kennel, Commercial means any Land, Building or Structure used for breeding, boarding or
training dogs or cats for commercial purposes, and may include the business of grooming and
sale of incidental grooming products, where no more than 16 dogs and 20 cats over the age of 4
months are kept on the premises at any one time.
Kitchen means, at a minimum, a portion of a Building containing a fridge, stove or other cooking
appliance, sink and lower and upper cabinets.
30
L
Land
includes land covered and not covered by water, and buildings and structures on,
over, or under the soil, and fixtures that form part of these buildings and structures.
Landscaped Area means a portion of a Development site which is reserved and used to enhance
the visual appearance of the property through the planting and required ongoing maintenance
of a combination of lawn, shrubs, flowering plants, trees, vegetative ground cover, and other
horticultural treatments, and other architectural elements which may include crushed stone and
other man-made landscaping materials (that does not include paving all the front yard).
Landscape Screen means a visual barrier or buffer area on a Development site that is planted
with trees, shrubs or other landscape vegetation, and which may be combined with a raised
landscape berm, a decorative fence or a brick, stone or masonry wall, so as to minimize the view
of the Use of the property from public view such as to screen a hydro junction box or refuse
area, or to obscure vehicle lights from the Development site into an adjacent Building or
property. Refer to each zone for specific standards regarding height, density and location of
visual screens.
Lane means a road allowance more than 3m in width but less than 10m in width.
Licensed Lounge means a commercial establishment used for the sale of alcoholic beverages for
on-site consumption by patrons, with or without on-site entertainment provided, and if
associated with a restaurant, the total size of the Licensed Lounge shall not exceed 30% of the
gross Floor Area of the Restaurant, or if a Licensed Lounge is to operate as a standalone
commercial establishment, the total floor space area shall not exceed 280.0 m2.
Limited Manufacturing means a small-scale manufacturing Use which is entirely enclosed within
a Building, and where the discharge of noise, radiation, odorous, toxic or noxious matter, and
similar impacts, across a Lot Line does not occur and the use would not be classified as Industrial
Light.
Local Street means a Street that is part of the municipal road network that is intended to serve
local residential and other Land use areas, and connect to the more major municipal Collector
and Arterial streets.
31
Lot
means any plot, tract or parcel of Land which can be considered as a unit of land for a
particular land use or Building.
Lot Area
means the total horizontal area of Land within the Lot Lines of the Lot.
Lot Coverage means the proportion of a Lot that is occupied, or may be occupied, by a Building
Use, expressed as a percentage of the total Lot Area, and determined as the combined area of
all buildings on the Lot measured at the level of the lowest floor above the Established Grade.
Lot Depth means the shortest distance within the Lot between the Front Lot Line and the Rear
Lot Line.
Lot Grading refers to an information requirement of all Land Development proposals that
identifies the proposed extent of cut and fill of native soil on the property, and the extent
excavation proposed for a Development site, and is to include elevation contours of both the
initial property grades and the proposed post-construction grades of the property and how the
grade changes to the property interface with adjacent lands and drainage patterns that result.
Lot Line means a line forming a boundary of a property or parcel of Land, and may either be a
Front, Rear, Exterior or Interior Lot Line.
Lot Width means the shortest distance between opposite side Lot Lines measured at right
angles to the Lot Depth, as conveyed by the following diagram.
32
M
Medical Clinic and Medical Offices means a facility containing offices providing medical, dental
and other health care or similar professions which also provides facilities for examining and
treating patients on an outpatient basis by a group of physicians, dentists, other health care
professionals, or similar professions, and includes walk-in clinics.
Mineral exploration (development)" shall be defined as; the search for and sampling of minerals
or quarry materials where the activity or activities involved meet the definition of
"development" under the Urban and Rural Planning Act. "Mineral" and "quarry material" for the
purpose of interpreting the definition of mineral exploration (development) are as defined in
the provincial Mineral Act and Quarry Materials Act, 1998, respectively. Mineral exploration
does not include mining or mineral working (e.g., quarrying). Activities which meet the
definition of mineral exploration (development) are to be contrasted with mineral exploration
activities that do not meet the definition of development, examples of which typically include
traditional prospecting, geochemical sampling surveys (of rock, soil sediment, water, or
vegetation), ground-based and airborne geophysical surveys, and the cutting of survey lines.
Mineral Working means an operation consisting of one or more of the following activities: the
digging for, excavation, and removal of quarry materials (i.e., quarrying) (may involve blasting),
the removal of quarry materials previously excavated, the removal of quarry materials
previously deposited on site, the stockpiling of quarry materials, the processing of quarry
materials (e.g., crushing, screening, washing), the production of civil construction materials
which use quarry materials in their natural form (e.g., asphalt, concrete), the re-processing of
quarry materials including from reclaimed civil construction materials (e.g., reclaimed asphalt,
concrete), the production of soil by blending organic materials with quarry materials, or the
treatment or remediation of soil.
Minimum Lot Size means the smallest area into which a parcel may be subdivided, or the
smallest parcel size that is allowable to pursue a specific Density or type of Land Use.
Mining shall be defined as an operation involving the extraction of a mineral for sale and for
which a mining lease is required under the provincial Mineral Act administered by the Mineral
Lands Division. "Mineral" for the purpose of interpreting the
definition of mining is as defined under the Mineral Act. Mining may include as secondary
activities, mineral exploration (development) and mineral working. Note that under the Mineral
Act dimension stone (i.e., stone used for building facades, gravestones, etc.) is considered a
mineral in Newfoundland but a quarry material in Labrador.
33
Minister's Development Regulations mean the Province of NL requirements for the
Development Regulations created by NL communities under the Urban and Rural Planning Act
(2000).
Mini-Storage means a Building, or group of buildings, that are divided, for rent or lease, into
individual self-storage units and used to meet the temporary personal goods, materials and
equipment Storage needs of paying customers.
Mobile Home means a transportable factory-built and assembled CSA Z240 approved trailer
structure, with a minimum Floor Area of 50 m2, intended to be used as a Single Family
Residential home within the approved Zone category of the Town, and that is ready for
occupancy upon completion of set-up on a permanent foundation and connection to utility
services, as inspected by the local Authority, and which is in full compliance to the Canadian
Building Code and applicable provincial and municipal standards and requirements; excludes
Recreation Vehicle.
Mobile Home Park means a Land development for a minimum of 20 and a maximum of 60
Mobile Homes in accordance with the provisions of the Authority, and under single or joint
ownership, cared for and managed by a mobile home park operator where individual mobile
home lots are rented or leased, and where ownership and responsibility for the maintenance,
Development and replacement of site facilities including underground services, access roads,
snow clearing, refuse collection, site landscaping and communal areas, are the responsibility of
the mobile home park owners and management.
Modular Home means a Single Family Residential dwelling of a minimum 6.5 m width,
constructed of finished sections of a complete dwelling that are built in a factory in accordance
with CSA standards, and intended for transport to an appropriately zoned residential lot, and
after proper installation on foundation supports and connected to utility services, it is for use as
a principal residence; excludes Mobile Home.
Motel means a commercial guest accommodation Facility where all of the units are accessed
from the exterior of the Building, and may include an Office for motel administration and
amenity areas for guests.
Motor Vehicle means a motor vehicle defined by the Provincial Act related to automobiles and
other motor vehicles.
34
Movie Theatre refers to a Commercial Use wherein motion pictures, films, documentaries, live
performances and similar entertainment uses are provided to a paid audience; includes a
cinema but excludes Adult Entertainment Use.
MUNICIPALITY
includes a city incorporated under the City of Corner Brook Act, City of
Mount Pearl Act and the City of St. John's Act and a municipality as defined in the Municipalities
Act, 1999;
N
Natural Boundary means the visible high water mark of any pond, lake, river, stream, Wetland,
marsh, or other body of water where the presence and action of the water are so common and
usual, and so long continued in all ordinary years as to mark upon the soil of the bed of the
pond, lake, river, stream, marsh, Wetland or other body of water, a character distinct from that
of its banks, in respect of vegetation, as well as in respect to the nature of the soil itself.
Natural Grade means the normally existing topography, or the topography established as a
component of Subdivision servicing and site Development on the property prior to any
construction.
Non-Conforming Use
means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
O
Office Use means a Use providing for administrative, governmental, professional services and
general office functions, and includes accounting and bookkeeping, advertising, architectural,
engineering, geological, planning and design, surveying, attorney, counseling, court reporting,
data processing, scientific and research, employment agency, social services, public relations
and consulting, realty office and similar such uses; excludes tow truck offices and Storage
compounds, manufacturing and Storage of any product for sale.
Off Street Parking means an Accessory Use for a parking area which is designed to
accommodate Motor Vehicles associated with a Permitted Use on a Lot. The front lawn and yard
area of a Single Family Residential home use, with or without a Subsidiary Apartment, shall not
be used for Off Street Parking.
35
Open Space means an outdoor area of scenic or natural features, a landscaped buffer area, or a
reserved passive area , that is located on a portion of a Lot that does not include those areas of
site Development required for a Setback, parking area, Storage, or circulation, or an Outdoor
Amenity Space, Environmentally Sensitive Area or an area of the site that is not otherwise
developable.
Outdoor Amenity Space means an area, or multiple areas, within a Multi-Unit Residential,
Industrial and other developments that is intended for convenient use of its occupants for
outdoor recreation and leisure activities, and may include shade and bench areas, vegetable
garden areas, water features and active use areas for exercise activities such as a playground
equipped children's play area.
Owner
means a person or an organization of persons owning or having the legal right to
use the land under consideration;
P
Pad means a paved surface on which blocks, posts, runners or strip footings are placed for the
purpose of supporting a Mobile Home.
Panhandle Lot means a parcel of Land, often referred to as a 'back lot', created through
Subdivision where safe access from a Street to
the Building area is gained by way of a narrow
width elongated strip of Land that forms part
of the Lot, where such panhandle access
dimensions and driveway construction
standards are in accordance with the
Development Regulations, and as illustrated
by the graphic sketch.
Parent parcel means the original parcel of Land that was, or is proposed to be, the subject of a
plan of Subdivision.
36
Park means a Land area preserved for the ongoing active and passive recreational needs of
residents of the community, and excludes golf courses, Outdoor Amenity Space, Open Space
and Environmentally Sensitive Areas.
Parking Lot means an open area of a property or site which is designed in accordance with
standards established by the Development Regulations to accommodate the parking of Motor
Vehicles of clients, customers, employees, members, residents or tenants, where such vehicles
have a gross vehicle weight of 4,500 kilograms or less.
Parking Space means a space within a Building or parking area for the parking of one vehicle,
where the dimensions of the parking space are defined by the Development Regulations.
Pawnshop means a commercial business that takes in and receives goods and chattels in pawn.
Permanent Stream means a Watercourse, or other water body, that typically contains
continuous surface waters or flows for a period more than 6 months in duration.
Permitted Use
means a use that is listed within the permitted use classes set out in the
use zone tables of an authority's development regulations;
Personal Care means an accommodation Use providing for the care of sick, injured or aged
other than in a public hospital; includes convalescent homes, nursing homes, rest homes and
senior citizen homes.
Personal Service Use means a commercial business which caters to the personal needs of
customers, including such uses as banks, courier service, credit unions, customs broker, custom
printing, dry cleaners, barbers, beauty parlour, manicurists, and hair stylists, funeral services,
security service, shoe repair, dressmaking, tailors and sewing services, small appliance repair,
pet grooming, computer services, financial and investment planning, travel agency, taxi service,
and similar such commercial services; excludes Adult Entertainment Uses and Pawnshop use.
Pier means a Structure consisting of a fixed platform above the water that abuts the shoreline
and is used as a landing or wharf place for watercraft.
Pit and Quarry Working carries the same meaning as Mineral Working.
Place of Worship carries the same meaning as a Church.
37
Planning Area,
unless the context indicates otherwise, means a regional planning area
and a municipal planning area established under sections 6 and 11;
Principal Building means a Building or Structure containing the Permitted Use, where all
portions of such Building or Structure share a common foundation, wall and roof structure.
Principal Use means the primary Permitted Use and main purpose for which the Land, Buildings
and Structures, and occupancy within a single lot are to be used, as defined by the Land Use
Zone categories of the Development Regulations.
Private School refers to a commercial, non publicly funded, educational Facility.
Produce Sales means an Accessory Use providing for the incidental Retail sale of agricultural
products, fruits and vegetables that are produced on the same Lot or an adjacent Lot owned by
the same Owner, and where the agricultural activity occurs.
Professional and Business Office means a low impact, commercial Office Use that takes place
entirely within a Building and does not involve any outside Storage, or result in ongoing and
significant daily volumes of vehicle traffic visiting the business, and includes accountant,
architect, consultant engineer, computer servicing, designer, lawyer and similar professional
offices; excludes a real estate office within residential areas due to the high volume of traffic
this Use may generate.
Prohibited Use
means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority specifies as not permitted within a
use zone;
Pub means a Commercial Use providing for the sale and consumption of alcoholic beverages
and food in an establishment licensed by the Province under the Liquor Control Act, where
entertainment may be provided and includes a tavern; excludes Adult Entertainment Use.
Public Services means a Use providing for servicing of the community with water, sewer, storm
drainage, electricity, telephone, cable, internet, and similar services where such a Use is
established and operated by the Town, by another government body, or by a utility company;
includes traffic controls, transmission substations, pumping and booster stations, and
easements and rights-of-way for accommodating the services.
38
Public Use means a Use that primarily provides for a significant government function or service,
for public Assembly and for educational facilities;
Public Utility Use is a Use providing for additional infrastructure services by the Town, other
Authority, or private utility company and includes garbage dumps, refuse disposal site and
incineration operations, Recycling Depot, mortuary/crematorium, animal pound, cellular
telephone towers, broadcast transmission facilities, public works yards, and similar facilities.
R
Rear Lot Line means the Lot Line opposite to and most distant from the Front Lot Line, or,
where the rear portion of the Lot is bounded by intersecting interior side lot lines, the Rear Lot
Line shall be deemed to be the point of such intersection.
Rear Yard Depth means the distance between the Rear Lot Line and the Rear Lot Line and the
rear wall of the Principal Building on the Lot, as illustrated by the following two sketches.
39
Recreation and Open Space refers to Land reserved and preserved for outdoor activities such as
pedestrian walking trails, parks, a municipal Campground, athletic playing fields, interpretive
facilities, scenic vistas and lands such as the former railway corridor through the community.
Recreation Vehicle means a vehicle designed as a temporary seasonal dwelling for travel,
recreational, and vacation use, and which is either self-propelled or mounted on, or pulled by
another vehicle, and includes a travel trailer, camping trailer, truck camper, motor home, fifth
wheel trailer, camper van, converted bus and boat. A Recreation Vehicle is not permitted to be
used as a permanent Dwelling Unit within Grand Falls-Windsor.
Recycling Depot means a Facility where recyclable materials are collected and processed, and
may include separation, sorting, cleaning and storing for shipment.
Registration refers to the official date of effect of the Development Regulations.
Relative means father, mother, father-in-law, mother-in-law, son, daughter, son-in-law,
daughter-in-law, sister, brother, grandchildren, grandparents, and great grand-parents.
Remainder Lot means the remaining area of a parent parcel that is being subdivided into one or
more lots.
Repair Services, Industrial means repair of industrial and Motor Vehicles exceeding a vehicle
gross weight of 4500 kilograms, truck trailers and heavy equipment.
Repair Services, Personal means repair to household goods, electrical or electronic appliances
and personal items, excludes Vehicle and Equipment Repair Services.
Repair Services, Vehicle and Equipment means repair of Motor Vehicles with a gross weight of
4500 kilograms or less, utility trailers and light equipment, excludes Industrial Repair Services.
Residential Care means a Provincially licensed and authorized Facility located within a detached
residential dwelling, and established by the Province of NL for the group home personal care,
supervision, social or educational training, or physical or mental rehabilitative therapy to not
more than 5 persons, and may include residential care of children, specialized adult residential
care, personal care, intermediate care to seniors, and similar supportive care uses.
Residential Use means a Dwelling Unit use providing for the accommodation and home life of a
persons or persons as a Family or not.
40
Residential, Multi-Unit means a Use of Land for higher Density residential Development of
three or more residential units on one Lot, and includes Apartments, Townhouses, Cluster
Developments, Adult Care Facility, Congregate Care Apartment, and bare land strata land
developments; excludes subsidiary apartments, except associated with a Single Family
Residential use.
Residential, Row Dwelling refers to the historic Development in Grand Falls-Windsor of three or
more attached side by side Dwelling Units at ground level in one Building (commonly referred to
as row-housing), where each dwelling is separately vertically from the others, and present a
monotonous repetition of façade design that is dominated by Building Massing and limited
architectural detail to individual unit identity; the Row Dwelling Residential use is now
prohibited within these Development Regulations and the Use is replaced with the more highly
designed Townhouse Residential Use.
Residential, Seasonal means a Residential Use of one Dwelling Unit for temporary seasonal
accommodation in a smaller cabin or cottage Structure, and sited in detached non-urban Rural
locations, and not sited within a designated Floodplain area, and where such Use is not intended
as permanent living quarters.
Residential, Single Family means a Residential Use of one Dwelling Unit on one Lot in the form
of a typical detached wood frame residential house or Modular Home, of varied building sizes,
and used exclusively by one household for residential purpose, and on residential lots of varying
parcel size densities as identified by the Development Regulations; excludes a Mobile Home.
Residential, Little home means a residential single dwelling unit intended for year-round use
designed to be used with a permanent foundation and has permanent provisions for living,
sleeping, eating, cooking and sanitation, with a maximum floor area of 51 m2 and 79 m2 and only
allowed on a Confined lot;
Residential, Tiny home means a residential single dwelling unit intended for year-round use
designed to be used with a permanent foundation and has permanent provisions for living,
sleeping, eating, cooking and sanitation, typically with a maximum floor area of <50 m2 and s
only allowed on a Confined lot or in the Tiny home subdivision or Tiny home park;
Residential, Townhouse means a highly designed and landscaped Residential Use located within
the Urban Development Area and consisting of three or more Dwelling Units on a Lot or site that
41
may be either attached or detached residential Dwelling Units, and if attached, there shall be a
maximum of six attached Dwelling Units; each Dwelling Unit with a Townhouse Residential Use
shall have a private entrance and direct ground level access to the outside and to private Open
Space other than a Balcony or sundeck; may include a two unit Duplex form of housing on Multi-
Unit and/or Cluster Residential Development sites; excludes a Row Dwelling Residential form of
housing development. The following photograph illustrates the high design standard of
appearance provided by a Townhouse Residential Use.
Residential, Two Unit means a Residential Use of two attached Dwelling Units on a Lot, each
with separate entrances, and often referred to as Duplex residential units, but not including a
Single Family Residential use with a Subsidiary Apartment.
Resort means a place for a destination form of holiday travel for tourists and visitors and
includes a Hotel and similar accommodation, and related high-quality site amenities.
Resource Use means a Use providing for the Conservation, management, and extraction of
primary forest materials, and excludes all manufacturing and processing.
Restaurant means a commercial establishment where meals and/or refreshments are prepared
and served for consumption on or off the premises; includes cafes, tea rooms and outdoor
cafes, and may include an authorized Licensed Lounge as part of its Floor Area space.
Retail means a Commercial Use providing for the sale of tangible goods, wares, merchandise
and other items where the customer can take away the purchased goods for their household
use; includes Grocery, Department, general merchandise, hardware, pharmacy, convenience,
automotive parts, book and liquor stores, smaller commercial businesses and shops, Second
42
Hand Store, video, and household equipment rental and similar commercial goods stores, and
flea markets located within an enclosed Building; excludes adult entertainment use.
Row-housing refers to the dated Use of attached residential Dwelling Units with very limited
front façade building design attention and lacking in individual unit identity, and as a housing
form are intended to be replaced with the more highly designed Townhouse Residential Use
form of housing for future higher Density Residential Uses within the Town of Grand Falls-
Windsor.
Rural means that geographical area within the Town boundaries that is not serviced with
sanitary sewer; also includes the more detached and largely forested portions of Town.
S
Salvage means an Industrial Use relating to the stripping and sales of Motor Vehicle parts, sales
of used Building materials, and the storing, wrecking, crushing, piling and similar operations of
Motor Vehicles, machinery and other equipment which is considered as no longer useable.
Sawmill, Domestic means a sawmill licensed under the Forestry Act, which is approved for personal
and private (i.e., non-commercial) use only.
Screening means a continuous view obstructing Fence, masonry or brick wall, compact
landscape screen (such as and evergreen hedge or combination thereof), which would
effectively screen the areas which it encloses, and is broken only by access driveways and
walkways.
School means an institution of learning, either public or private, that includes primary,
elementary, junior and senior high schools, college and trades training, and that does not
provide overnight accommodation of students.
Second Hand Store means a Commercial Retail Use of the sale of previously used household and
general merchandise such as clothing, household furnishings and appliances, sports and
recreational equipment, and the like; excludes sale of second-hand Motor Vehicles, Recreational
Vehicles, machinery, equipment and similar non-household merchandise.
Security Fence means a Fence intended to prevent access to hazardous or environmentally
sensitive areas, or to prevent trespass.
43
Service Station means any Land or Building used exclusively for the sale of gasoline, diesel and
other petroleum products such as lubrication oils for Motor Vehicles, and the washing of Motor
Vehicles; may include the sale of automotive parts and accessories, the servicing or repair of
Motor Vehicles, the rental of utility trailers and vehicles, and an ancillary Convenience Store use.
Service Street means a Street constructed parallel to or in close proximity to another Street for
the purpose of limiting direct access to that Street.
Setback means the horizontal minimum separation distance between a Building or Structure on
a Lot and a Front, Rear or Interior side Lot Line, as illustrated by the following sketch, or also
meaning the separation distance that is to be maintained for Development from the Top of Bank
of an Environmentally Sensitive Area.
Sewer Specified Area means that geographical area of the Town where sanitary sewer service is
available or may be extended, as defined by Town Council.
Shopping Centre means a group of a minimum of five Retail, Personal Service, Office,
Restaurant and other Commercial Use stores and shops, often referred to as Big Box stores, and
integrated with a parking area, pedestrian accesses, signage and site landscaping, with or
without an internal pedestrian shoppers walking mall area, and designed, planned, constructed
and managed as a total commercial shopping Development entity.
Short-Term Rental means any rental of a dwelling unit, but does not include a Bed and Breakfast
operation.
44
Showroom means a Building or part of a Building where commercial display items, or photo
representations thereof, are available for customer viewing and where purchase orders may be
taken for goods, including Motor Vehicles, residential units and equipment, for later delivery,
includes Accessory Retail associated with Industrial Use; and adult entertainment uses.
Sidewalk Downtown Commercial means the opportunity for downtown business merchants to
enter into lease and liability agreements with the Town, following Council creation and adoption
of a 'sidewalk downtown commercial' policy, to occupy a small part of the sidewalk area at their
store frontage for limited Commercial Use during the warmer summer months season; uses
limited to commercial display items such as rack clothing sales, book sales, and other Retail
goods, and Café and Restaurant patio type seating within a railed enclosure.
Sign
means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as a
memorial, advertisements of local government, utilities and boarding or similar structures used
for the display of advertisements;
Site Plan means a mapping information document, drawn to scale, that is to be submitted as
determined by the Authority for all Land Development proposals, and that in a minimum clearly
identifies the Developable Area of a site and the proposed Development on a property, and may
also include where applicable, the physical design and dimensions of proposed and existing
Buildings and Structures, existing topography and proposed elevations, Environmental Sensitive
Areas, Hazard Lands, treed locations and trees to be preserved, Lot Grading, existing municipal
services, proposed drainage, interface with adjacent properties and including proposed Building
Setbacks, any rights-of-way and easements, proposed landscaping, fencing and screening
improvements, vehicular and pedestrian access, other site improvements, and the
interrelationship of these elements, and other site Development information as required from
an Applicant by the Authority.
Stoop is an architectural design term used to identify a small platform and entrance stairway at
a Building entrance, commonly covered by a secondary roof, canopy or awning.
Storage refers to the accumulation of goods and materials, and the area where they are kept;
Storage may be entirely enclosed within a Building or may be located unenclosed outdoors, but
generally screened from public view.
45
Storey means that portion of a Building which is situated between the top of any floor and the
top of the floor next above it, and if there is no floor above it, that portion between the top of
such floor and the ceiling above it; for the purposes of determining Height within the
Development Regulations, a Basement of a Building is not considered a Storey when the finished
floor elevation of the Basement is greater than 0.3 meters below the average finished grade.
Street
means a street, road, highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency vehicles;
Street Line
means the edge of a street reservation as defined by the authority having
jurisdiction;
Structure means anything constructed or erected, the Use of which requires location on the
ground or sunk into water, or attachment in some manner to the ground or water, includes
sheds, platforms, decks, gazebos, tanks, poles, towers, wharfs, swimming pools, windmills and
chimney towers; excludes any Fence or wall that are less than the maximum Fence Height
permitted in any Zone of the Development Regulations.
Subdivision
means the dividing of land, whether in single or joint ownership into 2 or
more pieces for the purpose of development;
Subsidiary Residential Apartment means an Accessory Use for a secondary residential Dwelling
Unit that is contained entirely within an owner-occupied Single Family Residential Dwelling Unit,
has its own external access to the outside and is separated from the principal dwelling by an
approved Canadian Building Code fire wall separation. If the residential dwelling is not owner
occupied, the subsidiary apartment unit can be permitted if it is in the basement, subject to the
requirements of Regulation 15 regarding Subsidiary Apartments and Authority's approval.
Suburban refers to that area of a community that is located adjacent to but outside of the
Urban Development Area, and is not a Rural location.
T
Tank Vehicle Storage means the parking of any Motor Vehicle with a cargo tank having a
capacity of more than 900 litres, mounted or built as an integral part of the vehicle and used for
transportation of fuel products, and including tank trucks, trailers and semi-trailers.
46
Telecommunications Antennas refers to a tower Structure consisting of radio, television, and
telephone, cellular, digital and satellite transmitting, relay and receiving apparatus that are
preferred to be located on Civic and other Building roof tops, on utility poles, and where
appropriate as standalone facilities, as determined through consultation with the Antennae
proponent and the Town.
Technology Centre means a Use providing for a higher skill level of potential employment in
businesses and enterprises for research and development, laboratory, call centres, high
technology training centres, and similar uses.
Top of Bank means the point closest to the Natural Boundary of an Environmentally Sensitive
Area where a break in the slope of Land occurs such that the grade beyond the break is flatter
than 3:1 at any point for a minimum distance of 15m measured perpendicularly from the break.
The Setback distance for Development from an Environmental Sensitive Area shall be a
minimum of 15m from Top of Bank, as indicated by the following sketch.
Town
means a Town as defined in the Municipalities Act, 1999;
Truck Terminal refers to a large Lot area Use where trucks and truck trailers that transport
goods and materials on the regional, provincial and national Highway networks, are parked,
stored, maintained and mobilized.
U
47
Undevelopable Area, or non-developable area, means any portion of a Lot that contains a pond,
lake, river, Watercourse, Wetland or marsh and is deemed as an Environmentally Sensitive Area,
or that contains Hazard Lands of any Land area of the lot characterized by geotechnical
limitations of unstable soils and slopes in excess of 25%, any portion of the lot with protected
archaeological areas of significance, any utility easement and rights of way corridors, required
Development Setback areas and other portions of the lot as determined non-developable by the
Authority, are individually and collectively deemed as not available for Land Development;
property owners seeking to refine the extent of the identified Undevelopable Area shall provide
supportive analysis and recommendations from relevant professionals such as a biologist or
geotechnical engineer for consideration and review by the Authority.
Unenclosed Storage refers to an Accessory Use for the outdoor Storage of goods and materials
associated with the primary Permitted Use of the property, and limited to a maximum Storage
area of a percentage of the area size of the Principal Building on the Lot; Council may require
Unenclosed Storage uses to be screened from public view; and where such use does not include
discarded, abandoned, unsightly or nuisance storage materials; includes garden centre displays
and excludes automobiles at car dealership and auto sales locations.
Unlicensed Vehicle means a Motor Vehicle as defined by the Provincial Motor Vehicle Act which
does not have a valid license prominently displayed on it.
Urban means that Development area shown on the Municipal Integrated Community
Sustainability Plan maps as representing the sanitary sewer serviced and Urban Density
Development locale of the community.
Urban Development Area refers to that geographical area of the Town that is either serviced, or
capable of being serviced, with full municipal services of piped water, sanitary sewer and storm
drainage, and other utility and community services, and wherein the highest Density of Land
uses within the Town are permitted,
Urban and Suburban Ancillary Uses are Accessory Uses and activities that are located within
either an Urban location or a Suburban residential setting, and where such uses are customarily
associated with the Residential Use and home life and enjoyment of the property.
Use
means a building or activity situated on a lot or a development permitted on a lot;
48
V
VARIANCE
means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use Zone
Table of the authority's regulations;
Vehicle Dealership Use means a commercial business establishment that sells or leases new or
used automobiles, trucks, vans, trailers, Recreational Vehicles, snowmobiles, boats or
motorcycles, or other similar motorized transportation vehicles. A vehicle dealership may
contain an inventory of Motor Vehicles for sale or lease on-site, may include a Showroom, and
may provide on-site facilities for the maintenance, repair and service of the vehicles sold or
leased by the dealership, and may include a car rental service.
Vendor Stand means a portable and temporary Downtown Commercial Use that is removed
each evening, approved by Ministry of Health officials and licensed by the Town, for the sale of
the limited food items such as hot dogs and similar convenience foods.
W
Walkway means a public access route for pedestrians or non-motorized vehicles, and which
provides access connection between two Streets.
Warehousing Use means a use of Buildings for Storage, distribution and Wholesaling of large
quantities of goods.
Watercourse means any natural or man-made depression with well-defined banks below the
surrounding Land area, and serving to give direction to a current of water at least six months of
the year, and shall have the same meaning as a Permanent Stream.
Water Specified Area means that geographical area of Town where municipal water service is
available or where it may be extended.
Wetland means land that is inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and under normal conditions that supports, vegetation
typically adapted for life in saturated soil conditions, and includes swamps, marshes, bogs, and
estuaries; Wetlands are Environmental Sensitive Areas and are typically Non-Developable
49
except for uses such as cranberry production and as approved by the environmental
representatives of the Province of NL.
Wholesale Use means a Use providing for selling to the retailer rather than to consumers.
Wrecked Vehicle means a Motor Vehicle, not enclosed within a Building, which either is, or has
the appearance, as deemed by the Authority to be, dismantled, dilapidated, physically damaged
or disabled so that it cannot be safely operated by its own mode of power, or is in a state of
disarray in its parts, frame or bare body of a vehicle.
Y
Yard means that area of a Lot created by a Setback.
Z
Zone means a defined area, including Land and water, to which a uniform set of regulations
pertaining to uses, Development standards and conditions of Use apply.
Zoning Map
means the map attached to and forming part of the Development Regulations.
50
51
PART II: ADMINISTRATION, DEVELOPMENT PERMIT
AND GENERAL REGULATION
REQUIREMENTS
3.0
ADMINISTRATION AND ENFORCEMENT
3.1
ADMINISTRATION
The Development Regulations shall be administered by the staff of the Town of Grand Falls-
Windsor under the direction of Council.
3.2
INSPECTION
Any official of the Town with inspection authority, is hereby authorized to enter, at all
reasonable times, on any property, to ascertain whether provisions of the Development
Regulations are being or have been complied with. No person shall prevent or obstruct, or
attempt to prevent or obstruct authorized entry.
3.3
ENFORCEMENT
1. It is unlawful for any person to cause, suffer, or permit any building or structure to be
constructed, reconstructed, altered, moved, extended, occupied, or used, or any land to be
occupied or used, in contravention of the Development Regulations, or otherwise to
contravene or fail to comply with the Development Regulations.
2. No person shall carry out any development within the Municipal Planning Area Boundary
except where otherwise provided in these Regulations unless a Development Permit or
authorization for development has been issued by the Town.
3. The Town may cause notice in writing to be served to the owner or occupier of real property
found to contravene the provisions of the Development Regulations, identifying the details
of the contravention and the action required of the party so notified.
4. The notice in writing may be served by the Town by hand delivering it to the owner or
occupier of the real property that is subject to the notice, by posting it on a conspicuous
place on the subject property, or by registered mail.
5. No liability or responsibility other than set out in accordance with the Development
Regulations rests with the Town to prove delivery of the notice.
52
3.4
VIOLATION, FINES AND STOP WORK ORDER
1. Every person who commits an offence contrary to the provisions of the Development
Regulations, as amended from time to time, is liable, upon summary conviction, to a penalty
in the form of a fine.
2. Each day that such a violation is caused to continue, or allowed to continue, constitutes a
separate offence.
3. Every inspector referred to in Regulation 3.2 shall keep a record of any violation of these
Regulations which comes to his or her knowledge and report that violation to the Authority.
4. Where a person begins a development contrary or apparently contrary to these Regulations,
or undertakes work at any time during the development that is contrary to these
Regulations, the Authority may order that person to stop the development or related work
to the development in the form of a Stop Work Order pending final adjudication in any
prosecution arising from work activity related to the development.
5. Where, contrary to a Development Permit or to these Regulations, a person has
commenced or undertaken land development or building construction, the Authority where
it is deemed necessary, may order that within a specified time period that the offending
person to pull down, remove, stop construction, fill in or destroy the land development
work or building, and may order the person to restore the development site or area to its
original state.
6. Failure to comply with an order issued by the Authority under Regulation 3.4 (5) may
necessitate that the Authority take the action that it considers as necessary to carry out the
order, and any costs, expenses and charges incurred by the Authority in carrying out the
order are recoverable against the person against whom the order was made as a debt owed
to the Authority.
3.4.1 VIOLATION NOTICE
1. Where a person contravenes a provision of these Development Regulations, the Council
may issue a Violation Notice in accordance with section 3 of the Town of Grand Falls-
Windsor Violation Notice Regulations, NLR 12/15.
53
2. Where the Council issues a Violation Notice to a person in respect of a contravention of
these Regulations, that person may make a voluntary out of court payment to the Council in
respect of the contravention.
3. Where the person makes a voluntary payment to the Council under section 3.4.1.2 the
amount of the voluntary payment shall be:
a.
$50.00 if the person makes the voluntary payment to the Council no later than
seven (7) days from the date of issuance of the Violation Notice; or
b.
$75.00 if the person makes the voluntary payment after the expiration of the time
period in subsection (a), but not later than fourteen (14) days from the date of
issuance of the Violation Notice.
4. Where the person makes a voluntary payment to the Council under section 3.4.1.2 and
3.4.1.3, no further action will be taken by the Council in respect of the contravention.
5. Where the Council issues a Violation Notice to a person, and that person fails to make a
voluntary payment pursuant to subsection 3.4.1.2 and 3.4.1.3, the Council shall issue a
summons with respect to the contravention noted in the Violation Notice.
6. The Council may charge the person referred to in subsection 3.4.1.5 by way of summons,
including a summons that is issued by means of a ticket under the Provincial Offences Act,
pursuant to section 39.2(1) of the Urban and Rural Planning Act, 2000, SNL2000. C. U-8;
7. Where a person has received a Violation Notice and is convicted of an offence with respect
to the same subject matter for which the Violation Notice was issued, the penalty for that
offence shall be $100.
3.4.2 ISSUANCE OF SUMMONS
Every person who commits an offence under these Development Regulations or who acts in the
contravention of or fails to comply with any provisions thereof, or neglects or refuses to do so:
a. May be subject to a Violation Notice under section 39.1 of the Urban and Rural Planning
Act, 2000;
b. May, where Council has not issued a Violation Notice, charge that person by way of
summons, including summons that is issued by means of a ticket under the Provincial
Offences Act, pursuant to section 39.2(2) of the Urban and Rural Planning Act, 2000,
SNL2000. C. U-8 and section 2(b.6) of the Provincial Offences Regulations.
54
3.5
DEVELOPMENT PERMIT APPLICATIONS
Prior to undertaking development of land within the Planning Area of the Town of Grand Falls-
Windsor, an individual is to submit to the Town, as the Authority, a Development Permit
application form, as prescribed by Authority, along with the application fee required by the
Authority, and in accordance with the procedure established by the Authority, and as regulated
by the NL Urban and Rural Planning Act, 2000 and any amendments related thereto. Every
Development Permit application shall also include supporting background information and
documentation, site and legal plans, development specifications, and engineering and building
drawings as the Authority may require.
A Development Permit application will be required in the following instances:
1. Rezoning - If the current zoning for the property to be developed does not allow a specific
type or density of land use, a Development Permit application for rezoning will be required
to be submitted to the Authority for consideration of approval.
If an individual wishes to make a request to amend the text wording or requirements of the
Development Regulations, where permissible, an application for a Development Permit and
approval from the Authority will similarly be required.
2. Subdivision - If the property to be developed seeks to create new parcels of land through
subdivision, the zoning of the property needs to support this intent, and a Development
Permit application for subdivision will be required to be submitted to the Authority for
consideration of approval.
3. Development Design - If the property to be developed seeks to build a commercial or
industrial use, or to expand an existing use, with a building area of 111.5 m2 or more, or to
develop a property for an intensive residential use, a Multi-Unit Residential Zone, a project
within a Comprehensive Development Area or a Public Use zone, submission of design
proposal details in accordance with the guidelines of Part 4 of the Development Regulations
will be required to accompany a Development Permit application to the Authority.
4. Building Permit - If a property to be developed seeks to construct a new building, or to
construct an addition or renovation to an existing building, a Development Permit
application for such building is to be submitted to the Authority.
55
The Authority shall supply to every applicant a copy of the Development Permit application
forms referred to in Regulation 3.5 and shall further provide to every applicant a description of
the site plans, development specifications, engineering drawings and all other supporting
information and documentation required to be submitted with the application. Until the
identified supporting plans, specifications and drawings, and accompanying background
information and documentation, are provided by the applicant, the application shall be deemed
deficient and premature for the Authority to consider.
In considering an application for a permit or for approval in principle to carry out development,
Town Council shall take into account the land use policies expressed in the Municipal Integrated
Community Sustainability Plan, and any further scheme, plan or regulations pursuant thereto,
and shall further assess the general appearance of the development of the area, the amenity of
the surroundings, public safety and convenience, and any other considerations which are, in its
opinion, material, and notwithstanding the conformity of the application with the requirements
of the Development Regulations, Town Council may, in its discretion, conditionally approve or
refuse the application.
Subject to the NL Urban and Rural Planning Act, 2000 where a Development Permit application
for a land or building development or for an amendment to the Development Regulations has
been effectively denied by a resolution of Town Council, application for the same development,
building or amendment shall not be considered within 12 months of the date of the previous
refusal.
3.6
DISCRETIONARY CONSIDERATION OF DEVELOPMENT PERMIT
APPLICATIONS
Each type of Development Permit application submitted to the Town will have its own distinct
approval requirements and approval consideration procedures. Beyond the supporting
information required for each application, the Authority will additionally consider the
Development Permit application on the basis of conformity to the land use intent and policy
statements of the Town's Municipal Integrated Community Sustainability Plan, the requirements
of the Town's Development Regulations, the NL Minister's Development Regulations, other
applicable policies of the Authority such as those pertaining to signs and advertisements, and
other local bylaws, provincial regulations and legislation.
The Authority shall also assess and evaluate the general appearance and character of present
development within the area proposed to be developed, the design and fit of the proposed
development into the existing neighbourhood, the nearby amenities to support the proposed
56
development, issues of public safety and traffic patterns, as well as consideration of public
interest, and other relevant and material factors, where applicable.
The Authority may, in its discretion, determine the uses that may or may not be developed and
utilized within a specific use zone in accordance with the listed Permitted, accessory,
discretionary and prohibited uses of each zone category, and as interpreted by the definitions of
Regulation 2.
In consideration of an application for development, the Authority may, in its discretion and as a
result of its review and consideration of issues identified within Regulation 3.6, conditionally
approve or refuse and reject the application.
In the evaluation and review of the Development Permit application, the Town Council as the
approving Authority on development proposals may further determine to make a decision on an
application on the basis of the following Regulations 3.6.1 to 3.6.11, including the following:
-
When the development proposed is listed as a Discretionary Use in the Use Zone, the
Authority shall give written notice of proposed application for a permit or approval in
principle, by public advertisement or by any means deemed necessary as well as a notice to
all persons whose land is in the immediate vicinity of the land that is the subject of the
development application. The Authority shall allow a minimum period of seven (7) days for
response.
-
The cost of the notice shall be paid by the applicant.
3.6.1
Deferment of Application
With written agreement of the applicant, the Authority may defer consideration of an
application.
When an application is submitted in accordance with these Regulations, and where
consideration of the application has not been deferred, nor has a decision on the application
been communicated to the applicant within eight weeks of receipt thereof by the Authority, the
application shall be deemed to be refused.
3.6.2
Approval in Principle of Application
The Authority may grant approval in principle of the application on the basis of that the
development is in compliance with the Development Regulations and specific approval
conditions being addressed by the applicant and/or specific plans, specifications, drawings and
development detail being adhered to.
57
Where approval in principle is granted under this Regulation, the application shall be subject to
the subsequent approval by the Authority of such details as may be listed and identified within
the approval in principle.
Approval of outstanding details and requirements as identified within the approval in principle
shall be received by the Authority not later than two years from the date of issuance of approval
in principle.
3.6.3
Provision of Financial Guarantees by the Applicant
The Authority, in consideration of an application, may require a developer to provide financial
guarantees to support the development, as identified within Regulation 8.7.
The financial provisions required of the developer may be required before the commencement
of the development, or by the developer entering into a financial agreement with the Authority
to guarantee the performance of specific works and conditions attached to a Development
Permit or license, or to ensure site reinstatement or reclamation.
The required financial provisions of Regulation 3.6.3 may be made to the Authority in the form
of any of the following guarantees:
(i) A cash deposit from the developer to be held by the Authority;
(ii) A financial guarantee by a bank, or other institution acceptable to the Minister,
for expenditures by the developer;
(iii) A performance bond provided by an insurance company or a bank;
(iv) An annual contribution to a sinking fund held by the Authority;
(v) A Letter of Credit in a form approved by the Authority; or,
(vi) Another type of financial guarantee that the Authority may approve.
3.6.4
Provision of Service Levy by the Applicant
In consideration of an application, the Authority may require a developer to pay a service levy
where development is made possible, or where the density of the potential development is
increased, or where the value of the property is enhanced, by the construction of public works
either on the development site or off site of the development.
A service levy shall not exceed the cost, or estimated cost, including finance charges to the
Authority, of constructing and improving the public works referenced within the Regulation that
are necessary for the real property to be developed in accordance with the standards required
by the Authority and for uses that are permitted on that real property.
58
A service levy shall be assessed on the real property based upon the following:
-
The amount of real property benefited by the constructed public works and in relation
to all real property so benefited;
-
The density of the development achieved or increased by the public works
improvements
The Authority may require that a service levy be paid by the owner of the real property at the
following times:
-
At the time when the levy is imposed;
-
At a time before the property development commences;
-
At a time when the property development is completed; or,
-
At such other time that the Authority determines.
3.6.5
Provision of Landscaping Security by the Applicant
For applications where the Authority deems that site landscaping is required, Landscaping
Security may be required from the applicant in accordance with Regulation 10.5
3.6.6
Dedication of Land for Public Use by the Applicant
The Authority, in consideration of an application, may require a developer to dedicate a portion
of the land of the development site for open space for public use in accordance with Regulation
8.10.
The Authority may further require an applicant to provide for easements and rights-of-way to
support the development and to transfer at no cost to the Authority all installed utilities and
streets and other works, as in accordance with Regulation 8.9.
3.6.7
Consideration of Variances
In consideration of an application, where approval or permit authorization cannot be provided
by the Authority because a proposed development does not comply with the development and
numeric standards and requirements established within the Development Regulations, the
Authority may in its discretion, vary the development standards. The requirements regarding
variance are set out in the Minister's Development Regulations. They are set out as follows:
The variance to the standards may be to a maximum of 10% if, in the Authority's opinion,
compliance with the development standards would prejudice the proper development of the
land, building or structure in question, or would be contrary to public interest. The Authority
shall not allow a variance from the development standards of the Development Regulations if
59
that variance, when considered with other variances made or proposed to be made to the same
land, building or structure, would have a cumulative effect that is greater than a 10% variance
even though the individual variances are each no more than 10%.
The Authority shall not permit a variance from the development standards of the Development
Regulations where the proposed development would increase the non-conformity of an existing
development.
Where the Authority is to consider a proposed variance, the Authority shall give written notice
of the proposed variance from the development standards of the Development Regulations, to
all persons whose land is located in the immediate vicinity of the property that is the subject of
the variance. The Authority shall allow a minimum period of seven (7) days to allow for response
from those persons so notified.
3.6.8
Conditions Where Permit is to be issued
Subject to Section 3.6 and Section 3.6.10, a permit shall be issued for development within the
Planning Area when the permit application conforms to the entirety of applicable requirements
of the Development s with respect to uses, use regulations, basic provisions, general
regulations, development standards, conditions of use, density, subdivision requirements,
building code standards and/or other ancillary codes, and other municipal regulations in force to
manage and regulate the development, conservation and use of land and buildings.
The Authority shall also determine the applicable design guidelines of Part 4 of the Development
Regulations that may apply to the development.
3.6.9
Development Permit
1. A plan or drawing which has been approved by the Authority and which bears a mark and/or
signature indicating such approval together with a permit shall be deemed to be permission
to develop land or construct a building or structure in accordance with these Regulations.
Such permission shall not relieve the applicant from full responsibility for obtaining permits
or approvals under any other federal or provincial regulation, statute, policy or guideline
prior to commencing the development or from having the work carried out in accordance
with these Regulations or any other regulations or statutes.
2. The Authority may attach to a Development Permit or to an approval in principle such
conditions as it deems necessary in order to ensure that the proposed development will be
in accordance with the purposes and intent of these Regulations.
60
3. Where an Authority deems necessary, Development 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 Development Permit is valid for such period, not in excess of two years, as may be stated
therein, and if the development has not commenced during the initial outlined valid time
period, 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 case of a Permit for an
Advertisement, which may be renewed in accordance with the Sign Policy of the Town of
Grand Falls-Windsor.
5. The approval of any application and plans or drawings or the issue of a Development 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
undertaken, in the event that the same is in violation of this or any other regulations or
statute.
6. The Authority may revoke a Development 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
Development Permit to develop land or a building has been issued by the Authority.
8. There shall be kept available on the premises where any work or activity is being done for
which a Permit has been issued, a copy of the Permit and any plans, drawings or
specifications on which the issue of the Permit was based during the entire progress of such
work or activity until completion.
3.6.10
Certain Cases Where Permit is not to be Issued
Neither a Development Permit or approval in principle shall be issued for development within
the Planning Area when, in the opinion of the Authority, the proposed development is
premature by reason of the site lacking adequate onsite and offsite services and servicing
capacity. The deficient services may include road access and capacity, power and utility services,
sanitary sewer facilities and downstream capacity, domestic water supply, storm water drainage
and supporting amenities such as schools, and fire and emergency services. The Authority, in its
discretion, may also determine that the proposed development site location is distant from
existing patterns of property development and servicing capability, and unless the development
61
applicant volunteers and contracts to pay to the Authority for the full costs of offsite servicing
extensions to and into the development site, the proposed development shall not be considered
further, and no permit for development will be issued.
3.6.11
Reasons for Refusing Permit
The Authority shall, when refusing to issue a Permit, state the reasons for refusing the Permit in
writing.
3.7
REGISTER OF APPLICATIONS
The Authority shall keep a public register of all applications for development, and shall enter
therein the Authority's decision upon each application and the result of any appeal from that
decision.
62
63
4.0 ZONES AND ZONE BOUNDARIES
4.1
ESTABLISHMENT OF ZONES
For the purpose of the Development Regulations, the Town of Grand Falls-Windsor Planning
Area has established varied land use zones for the regulation of the Use and Density of land.
4.2
APPLICATION OF LAND USE ZONES
The following land use zones, and their abbreviated equivalents, shall apply:
Land Use Zone Name
Abbreviated Zone Name
1. Rural Zone
RU
2. Rural Residential Zone
RR-1
3. Residential Mobile Home Park Zone
RMHP
4. Single Unit Compact Residential Zone
RS-1
5. Single Unit Small Lot Residential Zone
RS-2
6. Single Unit Urban Residential Zone
RS-3
7. Single Unit Mixed Lot Residential Zone
RS-4
8. Two Unit Urban Residential Zone
RT
9. Residential RM-1 Zone [Low and Medium Density Multi-Unit Residential] RM-1
10. Residential RM-2 Zone [High Density Multi-Unit Residential]
RM-2
11. Commercial General Zone
CG
12. Commercial Highway Zone
CH
13. Commercial Neighbourhood Zone
CN
14. Commercial Downtown Zone
CD
15. Industrial Light Zone
IL
16. Industrial Special Zone
IS
17. Industrial Heavy Zone
IH
18. Comprehensive Development Area One Zone
CDA-1
19. Comprehensive Development Area Two Zone
CDA-2
20. Comprehensive Development Area Residential
CDA-R
21. Public Use Zone
PU
22. Recreation and Open Space Zone
ROS
23. Environmentally Sensitive Area Zone
ESA
24. Conservation Zone
CON
4.3
ZONE BOUNDARIES
1. The zone boundaries of each land use zone category are identified on the Zoning Map that is
attached and forms part of these Development Regulations. The boundary lines of all zones
are either, property lines, natural boundaries, jurisdictional boundaries and/or adjoining
zone boundaries on individual parcels of land.
64
2. Where a zone boundary follows a road allowance, watercourse or former railway line, the
center of the road, watercourse or railway line shall be the zone boundary.
3. Where a zone boundary does not follow a legally defined line, and where the distances are
not specifically indicated, the location and extent of the zone boundary shall be determined
by scaling the applicable zone map.
4.4
PROVINCIAL INTERESTS
4.4.1 Overlays on Land Use Zoning Maps
This section outlines provincial interests that were referenced in the Interdepartmental Land
Use Committee report #ILUC 1750 and mapped on the provincial Land Use Atlas. These
provincial interests will be shown as 'overlays' on the Land Use Zoning map. They require
consideration of the Town when reviewing development in these areas. The provincial interests
include:
1. Agricultural Development Area: Any applications for development must be referred to
the Land Resources Stewardship Division;
2. Existing Agricultural Operation: The Land Resources Stewardship Division identified this
land for protection for agricultural use; and proposed development must be referred to
this division;
3. Quarry Referral buffer: Any applications for development must be referred to the
Mineral Lands Division;
4. T'Railway Provincial Park: Management of the NL T'Railway Provincial Park lies within
the Parks Division. Specialized permits for the NL T'Railway are available through Parks
Division for Temporary Vehicular Use and for Construction and Use.
5. Dump Site Buffer: Any application for development at or within the 1.6 km buffer of
former Grand Falls-Windsor Waste Disposal Sites must be referred to Service NL prior to
approval.;
6. Cottage Planning Area: According to the Crown land Administration, no cottage
development is allowed in this area;
7. Crown land Reserve 9.C.18: According to the Land Management Division, Crown lands,
no individual Crown land applications are allowed until a comprehensive residential plan
is prepared;
8. Habitat Stewardship Zone: This area is subject to the 'Municipal Habitat Stewardship
Agreement' signed in 2013 between the Minister responsible for the Wildlife Division
and the Town of Grand Falls-Windsor; The policies of this agreement apply to this area;
9. Protected Road Building Control Line: An applicant wishing to develop within the
Building Control Line must have a permit from the Town and must also apply for a
65
Development Permit under the Protected Road Zoning Regulations, 1996 administered
by Service NL (Note that the municipal zone applies for land use purposes);
10. 1:20 Flood Line and 1:100 Flood Line: For any proposed work, a proponent must apply
for and obtain a permit under of the Water Resources Act, 2002, specifically Section 48,
http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm for any work within this
designated flood risk area prior to the start of construction. Also, any work within this
designated Flood line must comply with the Water Resources Management Division
Policy for Flood Plain Management:
http://www.env.gov.nl.ca/env/waterres/regulations/policies/flood_plain.html
11. Survey Control Markers: If development or work within the Town have the potential of
disturbing an existing Survey Control Survey Markers, the GIS and Mapping Division is
required to be contacted ([email protected] ). The markers will be indicated on the KML
(Google Earth) version of the Land Use Zoning mapping in order to facilitate referral to
the GIS and Mapping Division.
4.4.2 Compliance with Federal and Provincial Authorities
In addition to the requirements set out in 3.6.9 regarding compliance with Federal and
Provincial statutes, regulations, policies and guidelines, the Intergovernmental Land Use
Committee report #1750 indicated that the following requirements are to be stated in these
Development Regulations:
-
Forestry
Areas of interest are included in the Rural zone where forestry is a permitted use.
-
Mineral Lands Division
Note that the definitions requested in the ILUC #1750 report are included in Section 2.2,
Definitions and hazards are dealt with in Section 9.
-
Newfoundland and Labrador Hydro (NL Hydro) and other utilities
Any development in the vicinity of the NL Hydro easements or structures must be referred to NL
Hydro and other utilities to ensure that there are no conflicts. NL Hydro would like the Town to
consult them for all development applications at the time the application is made to the Town.
-
Pollution Prevention Branch
Mill site rehabilitation - Refer to Industrial Heavy zone which is only used at this site;
-
Provincial Archaeology Office
Note that these comments were incorporated into Section 9.
66
-
Service NL
Service NL wishes the Town to consult with their office on all applications to determine if there
are any permits required from Service NL;
-
Water Resources Management Division:
Under the authority of the Water Resources Act, SNL2002 cW-4.01, the Water Resources
Management Division (WRMD) is responsible for the management of water resources of the
Province of Newfoundland and Labrador. The WRMD has programs to protect, enhance,
conserve, develop, control, and effectively utilize the water resources of the Province.
o General for All Responses:
Application forms for permits and licences, fee schedules, and guidelines are available at:
http://www.mae.gov.nl.ca/waterres/regulations/appforms/index.html.
The proponent must apply for and obtain a permit under the Water Resources Act, 2002,
specifically Section 48 http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm for any
work in any body of water (including wetland) prior to the start of construction. Any effluent
or runoff leaving the site will be required to conform to the requirements of the
Environmental Control Water and Sewage Regulations, 2003
http://assembly.nl.ca/Legislation/sr/regulations/rc030065.htm.
o Flood Risk Area: The proposed work is within a designated flood risk area. The proponent
must apply for and obtain a permit under of the Water Resources Act, 2002, specifically
Section 48, http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm for any work within
this designated flood risk area prior to the start of construction. Also, any work within this
designated flood risk area must comply with the Department's Policy for Flood Plain
Management:http://www.env.gov.nl.ca/env/waterres/regulations/policies/flood_plain.html
o Wharf/Boathouse/Slipway/Breakwater: A permit under the Water Resources Act, 2002,
specifically Section 48 is no longer required for the applied structures. However, the
proponent must follow the guidelines for the Construction and Maintenance of Wharves,
Breakwaters, Slipways and Boathouses which are available at:
https://www.mae.gov.nl.ca/waterres/regulations/appforms/Guidelines_for_Wharves.pdf.
The proponent must apply for and obtain a permit under of the Water Resources Act, 2002,
specifically Section 48 http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm
for any infilling or dredging work associated with these structures or other works in any
body of water prior to the start of construction.
67
o Development in Shore Water Zones: The proponent must apply for and obtain a permit
under the Water Resources Act, 2002, specifically Section 48
http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm for any work in Shore Water
Zones prior to the start of construction. Also, any work in the Shore Water Zones must
comply with this Department's Policy for Development in Shore Water Zones:
http://www.mae.qov.nl.ca/waterres/requlations/policies/shore water.html
o Infilling within 15 metres of Bodies of Water: The proponent must apply for and obtain a
permit under the Water Resources Act, 2002, specifically Section 48
http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm for any infilling work within
fifteen (15) metres of a body of water prior to the start of infilling. Also, any proposed
infilling within fifteen (15) metres of a body of water must comply with this Department's
Policy for Infilling Bodies of water:
http://www.mae.qov.nl.ca/waterres/requlations/policies/bodies of water.html
-
Wildlife Division
1. In the following areas identified by the Wildlife Division where the number and rarity of the
plant species present require the careful evaluation of existing data and potentially new
plant surveys. If any projects are planned, Council must send a referral to the Wildlife
Division:
a. The Southwestern corner of the area within the Municipal Boundary and the adjacent
Municipal Planning Area. This includes the area inside and adjacent to Beothuck Park
and the golf course, especially the shores of Rushy Pond, the river from Rushy Pond to
the Exploits River, and the shore of the Exploits River west of this point.
b. Both shores of the Exploits River in the 3.5 km east of the dam, including any cliffs.
c. The low-lying south shore of the Exploits area approximately 3.5 km east of the former
mill site, and directly south of Sanger Memorial Trailer Park. This area likely contains
suitable habitat for rare plants but it has not yet been surveyed for plant species of
conservation concern.
2. During development application review process, Council will consider general wildlife
habitat and landscape connectivity, including the following matters:
a. The potential to maintain an appropriate riparian buffer, which are natural green belts
along wetlands and waterbodies (ponds, rivers, creeks etc.). A 30m minimum
undisturbed natural vegetated green belt could be a standard requirement when
dealing with any type of land use activity; wider green belts are suggested when
bordering land uses include for example agricultural practices.
68
b. To maintain landscape connectivity, green belts should be connected to forested areas
or other habitat patches to create travel corridors for various wildlife species.
Development Regulations may incorporate a minimum percentage of forests to be
maintained during lot clearing, for example. Vegetation clearing should always be done
outside the May 01 to July 31 period (note that some raptors start breeding in March) as
disturbance can be most detrimental during that sensitive breeding/ young rearing
period.
69
5.0
USE REGULATIONS
5.1
GENERAL INTERPRETATION
This Regulation is intended to primarily assist in the interpretation of Permitted uses within each
zone by categorizing like uses. While the listings of uses in this Regulation are not intended to be
totally comprehensive, or to definitively define a use, the outlined information included in
Regulation 2.0 Definitions does allow for the interpretation of which uses may be pursued in
each zone, so as to more effectively determine what uses are included and excluded as part of
the use regulations.
5.2
USES PERMITTED IN ALL ZONES
The following uses are permitted in all Zones:
1. Utility poles; electricity, cellular, radio, television and cable transmission towers, where such
telecommunication towers are in compliance with Council's policy on siting criterion and
public consultation for such towers; air or marine navigational aid; wires, cables, light
standards, traffic control devices; highways and municipal directional signs; municipal water
system, water reservoirs, municipal sanitary sewer and storm water management systems,
and associated underground utilities, and pump houses; group mail boxes; roads and
highways; parks; and associated Buildings, structures, sub-stations and storage established
by the Town, by another government body or by a company operating under the Utilities
Commission Act; and all other similar Grand Falls-Windsor municipal services are permitted
in all zones.
2. A Historic Building.
3. A lot created to allow for a use permitted in Regulation 5.2 (1) that is less than the minimum
required lot size for the applicable zone shall not be considered non-conforming, and may
be used or have buildings or structures constructed provided such construction conforms in
every other respect to the Development Regulations.
5.3
USES PROHIBITED IN ALL ZONES
The following uses are prohibited in all Zones:
1. Signs, except as approved by the Town of Grand Falls-Windsor in accordance with Council's
Signs and Advertisement Policy, and unless specifically permitted within the Development
Regulations;
2. A use located partly or totally in a tent, camper, trailer, recreational vehicle or mobile home,
unless specifically permitted within the Development Regulations;
70
3. Disposal, processing and storage of any waste matter, including hazardous waste, on land or
in marine areas, except such waste that may be lawfully discharged under the federal or
provincial laws;
4. Methadone treatment clinics and related facilities, including but not limited to, needle
exchange programs, unless such use occurs within the local hospital setting and/ or a
licensed pharmacy;
5. Adult Entertainment Uses;
5.4
TYPES OF USES IN ZONES
The primary interpretation tools for identifying which uses are permitted or may be considered
as accessory or discretionary uses within these Development Regulations are noted as follows:
-
The uses listed in each zone of Part III of these Regulations; and,
-
The definitions provided within Part I, Section 2.0.
The varied land uses defined within Section 2.0 (Definitions) of the Development Regulations.
The Development Regulations identify four primary types of land uses as follows:
-
Permitted land uses allowed within each zone.
-
Accessory, or secondary uses that are clearly subservient to the Permitted use, and that
can only be pursued in conjunction with an existing and active Permitted land use.
-
Discretionary uses are identified uses within a specific zone that Town Council may
consider for approval on the basis of being satisfied that the proposed development
would not be contrary to the general intent and purpose of the Development
Regulations, the Municipal Plan, and other municipal objectives; consideration of the
public interest; and any specific outlined conditions of use being addressed and
approved by Council. To utilize a Discretionary Use in any zone, an applicant will be
required to submit an application form, as prescribed by Council policy, with relevant
background and supporting information to Town Council to enable an evaluation of the
Discretionary Use request. As part of the Discretionary Use request, an applicant may be
required to pay for costs related to the holding of a neighbourhood meeting, if deemed
necessary and appropriate by Council, to determine adjacent area residents' views on
the proposed Discretionary Use application.
-
Prohibited uses are identified as not a permitted land use.
-
Ancillary uses that do not require a development permit are listed, as necessary, for
clarification in some of the zones.
71
5.5
NON-CONFORMING USES
Where a use of land that legally existed prior to the adoption of these Development Regulations
but no longer conforms to the new Development Regulations, the use shall be deemed to be
legally non-conforming. The provisions of Section 108 of the NL Urban and Rural Planning Act,
'Non-Conforming Use' shall apply.
The following provisions outline the primary intent for non-conforming uses:
1. A non-conforming use of land shall be allowed to continue.
2. A right to resume a discontinued non-conforming use of land shall not exceed 6 months
after the discontinuance of the land use.
3. Where a non-conforming use is to continue, no building or structure shall be internally or
externally varied, constructed, reconstructed, altered, moved or extended so as to render
the subject building, or any existing building or structure on the same lot as non-conforming,
or without prior approval of Council.
4. The non-conforming building shall not be structurally modified except as required for the
safety for the building, structure or development.
5. Any future proposed additions or expansions of a building, structure or development that is
a non-conforming use shall only occur in accordance with the permitted uses, conditions of
use, development standards and other requirements of the Development Regulations, and
as approved by the Authority, or as identified within the Minister's Development
Regulations.
6. Council may consider a building extension that is not more than 50% of the existing
structure.
7. Where 50 % or more of the value or building footprint of a non-conforming building,
structure or development has been destroyed by fire or other event, the use shall not be
reconstructed or repaired in a non-conforming manner.
8. Where a building or structure is primarily zoned or used for residential purposes, and where
more than 50% or more of the value of the building or structure is destroyed, the building
72
may be repaired or rebuilt in accordance with the Town's Plan and Development
Regulations.
9. The existing use for a non-conforming building may be varied by Council to a use that is
deemed more compatible with the Town's Plan and Development Regulations.
10. Where considering a non-conforming building, structure or development under Section 108
(3) (d) of the Urban and Rural Planning Act, 2000, and before making a decision to vary an
existing use of that non-conforming building, structure or development, Council, at the
applicant expense, shall publish a notice in a newspaper circulating in the area or by other
means give public notice of an application to vary the existing use of a non-conforming
building, structure or development and shall consider any representations or submissions
received in response to that advertisement (Minister's Development Regulations 03/1).
73
6.0
BASIC PROVISIONS
6.1
APPLICATION OF THE REGULATIONS
A lot which has been created and exists at the date of the Registration of these Development
Regulations, and that is less than the minimum required lot area size for the applicable zone,
shall not be considered as non-conforming and may be used or have buildings or structures
constructed, repaired, altered or extended thereon provided the permitted use, construction,
repair, alteration or extension conforms in every other respect to the Development Regulations.
6.2
PRINCIPAL BUILDINGS PER LOT
Except as permitted in Commercial, Industrial, RM, CDA and PU zones, and otherwise permitted
in the Development Regulations, not more than one principal building may be sited on one lot.
6.3
LOCATION AND SITING OF BUILDINGS
1. Except as approved through a Variance by Town Council, no building on a lot shall be
located within a required setback.
2. The siting of new buildings and structures, and the siting of additions to existing buildings,
shall consider the future subdivision potential of the lot.
6.4
SITING FOR BUILDINGS ON STRATA LOTS
Setbacks for buildings and structures in a bare land strata title development shall be measured
from the internal strata lot boundaries in accordance with the setback requirements of the
applicable zone.
6.5
GENERAL SITING EXCEPTION
1. Where chimneys, fireplaces, cornices, sunlight control projections, sills, bay windows or
ornamental design features and appurtenances project beyond the face of a building, the
minimum distance from an abutting lot line or between buildings on the same lot as
permitted elsewhere in the Development Regulations, may be reduced by not more than
0.61 m, provided such reduction shall only apply to the projecting feature.
2. Where leaders, gutters or eaves project beyond the face of a building, the minimum
distance from an abutting lot line, or between buildings on the same lot as permitted
74
elsewhere in the Development Regulations, may be reduced by not more than 0.91 m,
provided such reduction shall only apply to the projecting feature.
3. Where canopies, stoops, unenclosed balconies or porches project beyond the face of a
building, the minimum distance from an abutting front, rear, or exterior side lot line
permitted elsewhere in the Development Regulations may be reduced by not more than
1.22 m, and the minimum distance from an interior side lot line permitted elsewhere in the
Development Regulations may be reduced by not more than 0.61 m, provided such
reductions shall apply only to the projecting feature.
4. Except as provided in other bylaws and regulations, structural retaining walls, steps,
landscape features, fences, freestanding light poles or clothes line poles, warning devices,
antennas, masts and municipal and utility works may be located anywhere on a lot.
6.6
OCCUPANCY AND MAINTENANCE REQUIREMENTS
All properties located within the Planning Area, including all land, buildings, structures,
dwellings, fences, sheds, garages, parking lots, driveways, landscaping and all appurtenances
shall be maintained in a state of good condition and repair, and as otherwise directed and
ordered by Town Council as the enforcement Authority. Failure to maintain buildings and
property may necessitate remedial actions by the Municipality to address identified
maintenance and occupancy issues on private property.
6.7
REINSTATEMENT OF LAND
Where the use of land is discontinued or the intensity of its use is decreased, Town Council may
order the developer, the occupier of the site, or the property owner, or all of them, to reinstate
the site, to repair or to remove all or any buildings or erections, to cover or fill all wells or
excavations, and/or to close all or any accesses, and the developer, occupier or owner shall
carry out the order of Town Council as the enforcement Authority and shall put the site in a
clean, visually appealing and sanitary condition to the satisfaction of Town Council.
6.8
CIVIC NUMBERING REQUIRED BEFORE OCCUPANCY PERMIT
ISSUED
For public safety reasons, an occupancy permit must not be issued unless the appropriate civic
number has been affixed on the front of the structure in a manner visible from the street by the
travelling public and emergency and fire services. The assigning of a civic number and address
to a property shall form a condition of the development permit.
75
7.0
GENERAL REGULATIONS
7.1
LOT AREA, WIDTH, AND FRONTAGE
1. The Authority may approve the development of a dwelling on a lot in any residential zone
which exists at the time of a coming into effect of these Development Regulations, and
where such lot has insufficient lot area or lot frontage to permit the owner or purchaser of
the lot to comply with the provisions of these Regulations. Exemption by the Authority may
be permitted if the Authority has determined that the proposed development will blend in
with the overall character and scale of the existing neighbourhood area.
2. New and Existing Lots:
Notwithstanding Regulations 3.6.7 and consideration of Variances, the minimum lot
area, lot frontage and lot width requirements for new lots shall conform to the
requirements of the Development Regulations for the applicable zone.
3. Lots of Irregular Shape:
-
For pie shaped or irregular shaped lots, lot width may be reduced provided that the
minimum lot width is met at a point 6 m and 20 m back from the front lot line, as
illustrated by the sketch.
4. Corner Lots:
-
All corner lots shall be a minimum of 1.5 m wider than the minimum lot width
prescribed by the zone requirements.
76
5. Hillside (slope) residential lots:
For sloped lots located on a hillside, the following requirements must be met regarding grading
the lot:
-
The toe of grading on the slope must be located at the side boundary of the lot, grading
up at a 1:1 slope (or 45-degree slope);
-
Slopes must be sodded;
-
Sodding must be staked to the ground until matting is complete;
-
For the non-driveway side of the lot parallel to the slope, the house must be
constructed at a minimum of 1.5 m from the top of the slope;
-
For a driveway side parallel to the slope, the house must be constructed at a minimum
of 3.04 m from the top of the slope.
-
All lots must be graded to rough grading standard, including slopes, before a lot is sold
by the developer; and this is a condition precedent to issuing a Building Permit.
77
78
79
7.2
VISION CLEARANCE AT INTERSECTIONS
Unless otherwise provided in the Development Regulations, within all zones, no fence,
landscape screen, building, sign, structure or other screening shall be constructed, erected, or
planted, on a lot to a height exceeding 1 m within 6 m of the intersection of an exterior side lot
line and a front lot line.
7.3
LOT COVERAGE FOR UNDERGROUND PORTION OF BUILDINGS
Any portion of a building wholly below grade used for underground parking, in any non-
residential area, may have lot coverage up to 100%.
7.4
HEIGHT EXEMPTIONS
1. The following types or parts of buildings or structures shall not be subject to the building
height requirements of the Development Regulations: church spires, domes, monuments,
fire and hose towers, roof top air conditioning and mechanical systems, observation towers,
stadiums, transmission and telecommunications towers (in accordance with provisions of
Council's telecommunications policy), lightning rods, chimneys, flag poles, ham radio
towers, masts, air and marine navigational aids, water tanks, drive-in theatre projection
screens, and elevator and ventilating machinery shafts.
2. The Authority may permit the erection of principal buildings of a height greater than that
specified in the applicable zone requirements for the development, but in such instances,
the building line setback and rear yard setback requirements shall be varied as follows:
-
The building line setback shall be increased by 2 m for every 1 m increase in height.
-
The rear yard setback shall not be less than the minimum building line setback plus 6 m.
The provision for greater height shall not apply to accessory buildings.
7.5
ACCESSORY BUILDING AND STRUCTURE REGULATIONS
7.5.1 GENERAL REGULATIONS FOR ACCESSORY BUILDINGS
1. A permit is required for the following accessory buildings: domestic garage, carport,
shed and greenhouses (not cold frames) and only swimming pools that are permanent
(excluding temporary, removable swimming pools).
80
2. Except as otherwise provided for within the Development Regulations, where an
accessory building or garage is attached to the principal building by way of a continuous
foundation, walls and a roof, it shall be considered as part of the principal building and
shall comply in all respects with the setback requirements of the principal building.
3. All accessory buildings, structures and garages on a property, except those for multi-unit
dwellings within the RM-1and RM-2 zones, and those that are not attached to a
principal building shall maintain the following minimum setbacks:
a. 2.5 m from the principal building;
b. 3.8 m from exterior lot lines;
c. 1 m from rear and interior lot lines;
d. no closer to the front lot line than the siting of the principal building(s) on the
lot.
4. Wherever possible, accessory buildings constructed on corner lots are to be located
parallel to the interior lot lines.
81
5. The eaves of all accessory buildings and other structures must be setback no less than
0.3 m from any power line easement area within property boundaries. If the easement
area is outside the property boundaries, then lot line setbacks are in effect.
6. The maximum height of an accessory building from finished grade to roof peak shall not
exceed the maximum permitted height 6 m and in no instance shall the height of any
accessory building exceed the height of the principal building(s) on the lot.
82
7. Size of Accessory Buildings
a. Residential zones: The maximum lot coverage of the principal buildings and
accessory buildings on a lot shall not exceed the maximum lot coverage allowed
in the zone development standard requirements provided that, the accessory
building is:
i. no higher than the house elevation;
ii. no larger than the primary residence;
iii. considered for approval by the Authority on a case by case basis taking
into account the following factors:
-
the proposed location, design, height, and building materials for
the accessory building;
-
the proposed use of the accessory building;
-
an assessment of the site's characteristics such as a property
configuration, topography, vegetation;
-
proposed fencing and enhanced landscaping; and,
-
a determination of neighbourhood character and fit;'
b. For non-residential zones, where there is no maximum lot coverage, Council has
considered the following factors:
-
the proposed location, design, height, and building materials for
the accessory building;
-
the proposed use of the accessory building;
-
an assessment of the site's characteristics such as a property
configuration, topography, vegetation;
-
proposed fencing and enhanced landscaping; and,
-
height of the accessory building in relation to neighbouring
properties.
83
8. Applications for accessory building that are 83.6 m2 or larger must be accompanied by a
computer-generated drawing of the building in addition to the siting of the structure on
the lot.
9. Materials and design of the exterior of an accessory building must be indicated on the
application and shall, with the exception of greenhouses, the exterior cladding and roof
materials of the accessory building shall match or coordinate with the exterior siding of
the main dwelling on the lot and shall be residential in character.
7.5.2 SHIPPING CONTAINERS
Shipping container as an Accessory Building in the following zones:
o Permitted, with conditions: IH, IS, CG, CH RUR, RES
o Discretionary, with conditions: ROS
-
General Conditions:
Notwithstanding the other requirements in these Regulations, the following conditions shall
apply to shipping containers. A shipping container shall:
84
1. Be regulated as accessory storage buildings. In all cases where shipping containers are
permitted, a building permit and inspection services will be required to ensure that the
structure is modified to be safe for the intended use in compliance with the requirements of
the National Building Code and the National Fire Code, such as:
a. Modification of the structure to eliminate the risk of explosion could involve
weakening the structure, or installing ventilation to equalize the pressure
difference.
b. Ensuring ventilation to allow smoke to escape from the structure, which would
therefore alert those nearby of the presence of a fire.
It should be noted that these modifications would be required by the Town Building
Inspector and Fire Inspector as part of the building permit and inspection process
established for making these structures legal and code compliant, and establishing safety
protocols.
2. Where permitted, only be used, placed, stored, repaired, cleaned, upgraded, or modified to
comply with the requirements of the zone regarding setbacks, lot coverage, etc., as if it were
a building or structure.
3. Only be permitted as an accessory use for storage only on a lot where a principal permitted
use already exists; and shall not be used for human habitation, display, advertising, work
areas, shops, office uses, or retail sales;
4. Not be permitted as the sole structure on any property;
5. Only be located to the interior sideyard or the rearyard of the permitted use provided that it
is:
a. Screened from view from the street and abutting properties, except in the Rural
zone;
b. Complies with the lot coverage and setback requirements of the zone;
c. Not be located in any required yard;
d. Not located in any required parking areas.
6. Be in a condition free from rust, peeling paint and any other form of visible deterioration
and shall be maintained in good condition, free from rust, and in keeping with the principal
use of the property.;
7. Not be stacked one on top of the other;
-
Zone specific conditions:
8. In the Industrial and Commercial General zones: A maximum of 4 sea cans may be allowed
with a permit for each, and any more than 4 requires the approval of Council taking into
consideration the configuration of the site, visual intrusion, opportunities for screening and
impact on adjacent properties;
9. In Commercial zones: the exterior of the shipping container must match or compliment the
colour and exterior treatment of the existing commercial structure;
10. In all non-Residential zones: Shipping containers are not to be located in any yard abutting
a Residential Zone unless there is a minimum 10 m setback unless the shipping container is
refurbished in accordance with the residential zone standards (see below);
85
11. In the Rural zone: in no case shall a shipping container be permitted on a lot having less
than 0.4 hectares;
12. In Residential zones: Shipping containers may be permitted as an accessory building
provided, they are repurposed and retrofitted to meet the structural, siting, landscaping,
aesthetic, and safety requirements of the Regulations and the National Building Code and
the National Fire Code. If the individual puts the shipping container on the site and then
does not undertake the required work, the Town has the right to remove the structure or
complete the work required as a condition of the permit and recover the costs from the
homeowner.
13. In ROS zone: Shipping containers may be permitted as an accessory building provided, they
are repurposed and retrofitted to meet the structural, siting, landscaping, aesthetic, and
safety requirements of the Regulations and the National Building Code and the National Fire
Code.
7.6
DEVELOPMENT MUST FRONT ON PUBLICLY MAINTAINED ROAD
All development shall front on to a publicly maintained road, except for natural resource
developments in the Resource zone which are not on serviced streets.
7.7
LOT AREA FOR STRATA LOTS
Except as otherwise provided in the Development Regulations, in the case of an existing or
proposed strata development, each bare land strata lot shall conform to the minimum lot area
provisions of the applicable zone, and references to 'lot' in determination of lot width, lot
coverage, density, and open space shall mean that area within the strata lot boundaries.
7.8
USE OF MOBILE HOMES AND TRAILERS
No new building permits or occupancy permits to use or occupy a mobile home or trailer as a
dwelling unit or living or sleeping quarters within the Urban Development Area shall be
approved by the Town except where such mobile home or trailer is located within a RMHP zone.
7.9
GARAGE SALES
Garage sales (including yard, moving and similar types of sales) are permitted as an accessory
use in residential zones, subject to the following requirements:
1. A garage sale may not occur on more than 4 days in a calendar year;
2. A garage sale may occupy no more than 100.0 m2 in lot area size; and,
3. A garage sale may not involve the sale of new goods.
86
7.10 KEEPING OF ANIMALS (NOT HOUSEHOLD PETS)
The following standards apply to livestock and poultry in Residential zones:
1. The following standards apply regarding the number of animals:
a. For every 0.4 hectare (with a minimum of 0.4 hectares) the following is allowed
(including a combination):
i.
1 of these livestock species: cow, horse, mule, ass, swine or llama, and
includes their young;
ii.
6 sheep/goats;
iii.
12 head of poultry (no roosters);
iv.
12 rabbits;
OR
b. For every 0.4 hectare (with a minimum of 0.4 hectares) the following is allowed
(including a combination):
i. 2 of these livestock species: cow, horse, mule, ass, swine or llama, and
includes their young;
ii. 12 head of poultry (no roosters);
iii. 12 rabbits;
OR
c. For every 0.4 hectare (with a minimum of 0.4 hectares) the following is allowed
(including a combination):
i. 12 sheep/goats;
ii. 12 head of poultry (no roosters);
iii. 12 rabbits;
2. Rearyard and sideyard setbacks for buildings that house farm animals is 7.5 m and for the
front yard the setback is 36 m;
3. On lots smaller than 0.4 hectares, but greater than 550 m2: 6 chickens, no roosters;
4. Caring for Livestock
Owners of livestock and domestic animals must ensure that the animals are contained
(through fencing, etc.) on their property. If an animal is found "at large," it may be
impounded. An animal is "at large" when it is not on a leash under the care and control of a
competent person and is off the property it resides on. All animal owners are responsible for
the care and welfare of the animals they own. This includes providing adequate food, water,
shelter, veterinary care and living conditions. Below are the minimum standards that an
animal owner is responsible for:
a. Water must be clean and potable.
b. Enough food must be provided for normal growth and maintenance of normal body
weight.
c. If the animal is outside, adequate shelter must be provided. The width of the shelter
should be 1.5 times the length of the animal, and the height should be the height of
the animal plus 10%. It must be appropriate to the size and coat of the animal and
87
protect against heat, cold and wet conditions. The shelter should provide shade
from sun at all times.
d. Living areas must be regularly cleaned and sanitized, with excrement removed at
least once daily.
e. Adequate exercise to maintain good health.
f. Adequate veterinary care.
g. Animals cannot be tethered directly or tethered to a choke chain.
h. Animals cannot be enclosed in a confined space, including vehicles, without
adequate ventilation
7.11 EXPANSION OF COMMERCIAL BUILDINGS OVER 111 M2
All new commercial development projects, including renovations and extensions, that provide
for, or add, 111 m2 or more, in commercial floor area space, shall be evaluated and considered
by Council in the context of adherence with the outlined design guidelines for commercial uses
within the Development Regulations. All commercial developments shall also be referred to
Services NL for fire/ life safety and building accessibility review prior to the commencement of
construction.
88
89
8.0
SUBDIVISION OF LAND
8.1
APPLICATION REQUIREMENTS
1. The subdivision of land shall only be permitted where such land is appropriately zoned for
the intended use and density of development.
2. An application for a Development Permit for subdivision of land shall be submitted to the
Town by the developer, or by an agent representing the developer, on the prescribed
application form.
3. The application shall also include, as determined by the Authority, a site plan of the
proposed development, drawn to scale, that includes some or all of the following
information:
-
Parent property lot line dimensions and lot area size;
-
Proposed subdivision lot layout, lot line dimensions and lot area sizes;
-
Existing and proposed site access locations;
-
All existing buildings and structures;
-
Site topography to 2 m contour elevation;
-
Drainage patterns on the property;
-
Location of all environmentally sensitive areas on or adjacent to site;
-
Location of treed areas on the property;
-
Location of existing municipal water, sewer and stormwater services;
-
Location of NL Power easements and other utility corridors to be shown on plan
drawings;
-
Existing and/ or proposed Canada Post mail boxes to be shown on plan drawings;
-
Existing and proposed septic disposal field locations, if applicable;
-
Location of any existing water wells; and,
-
Identification of any rights-of-way or easements.
4. Other deficient background information as deemed necessary by the Town, may be
required, including the potential need for the applicant to pay for and provide for specific
professional studies on such subdivision issues as traffic impacts, environmental concerns,
site landscaping and design and other land use issues resulting from the proposed
development.
90
8.2
SUBDIVISION APPLICATION REVIEW
1. Upon receipt of the required subdivision application form, application fee, site plan and
supporting information, the Town shall review the subdivision proposal, with consideration,
in whole or in part, of the following issues:
-
Whether the subdivision contributes to orderly growth patterns;
-
Whether the subdivision demonstrates sound design principles and will provide for a
visually appealing development;
-
Whether the subdivision provides for full municipal servicing of the site within the
Urban Development Area, or satisfactorily addresses water, septic effluent and drainage
issues in the non-serviced Rural areas;
-
Whether the subdivision is in full compliance to the Town of Grand Falls-Windsor
Municipal Engineering Subdivision Standards, and meets the NL Government Design
criterion for water and sewer servicing;
-
Whether the subdivision will address the housing needs of the community;
-
Compliance to the Municipal Integrated Community Sustainability Plan and
Development Regulations;
-
Compliance to applicable NL Provincial Regulations, Policies and Guidelines;
-
The location of the land;
-
The demand created on local area schools, municipal services and utilities, and the
capacity to meet the needs created by the subdivision;
-
The neighbourhood character, adjacent land uses and potential impact of the proposed
subdivision development;
-
The existing municipal transportation network and projected traffic volumes from the
subdivision;
-
The site's soil, subsoil, topography and drainage patterns;
-
Impact to environmental sensitive areas, other natural features and proposed extent of
tree cutting;
-
Extent of adherence to sustainability features and consideration of energy conservation,
passive solar and prevailing winds in siting and construction of proposed housing units;
-
Potential impact to community recreation and other facilities;
-
Opportunity for parkland and open space amenities from the subdivision development;
-
The relationship of the proposed subdivision to existing or potential sources of
nuisance; and,
-
Such other matters as may affect the proposed development.
2. The subdivision proposal will further be reviewed to ensure that the potential development
of adjacent lands is not prejudiced by the subject subdivision.
91
3. Subdivision review may additionally address whether any existing natural, historical,
archaeological or architectural feature of the site or part thereof, is to be retained as part of
the proposed subdivision development.
4. Subdivision review shall determine that the Developable Area of each proposed lot shall be
a minimum of 150.0 m2, and not including any site area required for the development
setback.
5. Upon completion of the subdivision application review, the Town as the Authority may
approve the subdivision, or may determine to not approve the subdivision application and
thereby refuse to issue a Development Permit; or the Authority may require additional
supporting information from the applicant; or the Authority may provide approval in
principle for the subdivision development on the basis that specific outlined outstanding
subdivision requirements need to be further addressed by the applicant.
8.3
SERVICES TO BE PROVIDED
1. All subdivision developments shall be fully serviced with municipal water, sanitary sewer,
and storm water servicing within the Urban Development Area and for any proposed
subdivisions located outside the municipal service area, a drinking water supply of sufficient
quantity and quality in accordance with the Canadian Drinking Water Standards, a
professionally designed septic effluent disposal system(s) approved by Services NL, and
professionally designed stormwater drainage system, shall be provided.
2. All subdivision developments shall be serviced with the required level of road standards,
including provision for sidewalks and lighting where applicable, as necessary to support the
location and density of the subdivision, and as determined by the Authority.
8.4
SUBDIVISION DESIGN STANDARDS
No permit approval shall be issued for the development of a subdivision under these
Development Regulations unless the engineering design of the subdivision conforms to the
following standards:
-
Streets in residential subdivisions shall be designed in accordance with the approved
standards of the Authority, but in the absence of such standards, shall conform to the
following minimum standards:
92
Type of
Street
Street
Reservation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
unless deemed not warranted by the Town
Arterial
30m
15
1.5m
Both,
Collector
24m
12
1.5m
Both,
Local/Residential
*Where more than 50%
of the units are single or
two-unit dwellings
18m
9m
1.5m
1
*Where more than 50%
of the units are Apartments
or Townhouse dwellings
18m
9m
1.5m
2
Service Streets
18m
9m
1.5m
Discretion of Council
In addition, the following standards shall apply to all subdivisions:
1. The finished grade of streets shall not exceed 8 percent.
2. The maximum length of a cul-de-sac shall be:
-
200 m in the Urban Development Area;
-
300 m for the areas where no municipal services are provided such as those located
outside the Urban Development Area.
3. The turning circle radius in the cul-de-sac shall 14.25 m at the curb face.
4. Emergency vehicle access to a cul-de-sac shall not be less than 3m wide and shall connect to
the cul-de-sac bulb with an adjacent street.
5. No cul-de-sac shall be designed, constructed or located in a manner so as to appear to
terminate a collector street.
6. New subdivisions shall have street connections to an existing street or streets.
7. No more than four streets shall join at any street intersection.
8. All street intersections shall be constructed within 5 degrees of a right angle and this
alignment shall be maintained for a minimum length of 30m from the intersection.
93
9. No collector or local street intersection shall be closer than 60m to any other street
intersection; and for Arterial roads the minimum distance between intersections must be
400 m.
10. No residential street block shall be longer than 490m between intersections.
11. No lot intended for residential use shall have a depth exceeding four times the length of the
frontage of the lot.
12. Residential lots shall not be permitted in a manner where both the front and the rear lot
lines abut a local street.
8.5
UTILITY STRUCTURES AND EASEMENTS
Within any street reservation, the placing of any utility structure or service such as a hydro pole,
telephone pole, underground hydro service boxes, internet or cable services, NL Power lines,
Canada Post group mail boxes, fire hydrant, fire alarm or sign post, shall receive the prior
approval of the Authority with regard to the proposed location of utilities, safe construction,
required easements and the relationship to other structures within the street reservation and to
adjoining buildings.
No buildings or other developments are allowed to be constructed in the Transmission line or
distribution line right of ways. NL Hydro has a strict policy of not approving developments in the
easements for these rights of ways. Requests for access roads underneath transmission lines
must be made to NL Hydro by contacting the customer services department.
8.6
ENGINEERING CERTIFICATION OF WORKS
1. Plans and specifications for all engineered works, including all water mains, hydrants,
sanitary sewers, storm sewers and all appurtenances thereto, and all streets, paving, curbs,
sidewalks, gutters, catch basins and all other utilities deemed necessary by the Authority to
service the area proposed to be developed or subdivided, shall be designed by, prepared
and approved by a Professional Engineer who is a current member in the Province of NL.
Such design plans and specifications shall, upon approval by the Authority, be incorporated
in the plan of subdivision.
2. Upon approval in principle by the Authority of the proposed subdivision, the land
developer's Engineering Consultant shall certify all subdivision lot layout construction work
drawings.
94
3. Upon certification of the engineered subdivision drawings, and upon approval of the
subdivision by the Authority, the developer shall proceed, at his own cost, to construct and
install the engineered works as certified by the developer's Engineer, and as approved by
the Authority, as requirements to service the said area and develop the subdivision.
8.7
PAYMENT OF FEES AND SERVICE LEVIES
No subdivision approval shall be provided until the subdivision applicant has reached an
agreement for the payment of all fees deemed necessary for the proper development of the
subdivision and levied by the Authority for the following:
-
Connection to services, utilities and streets;
-
Extension of offsite deficiencies and upgrade of same, where applicable;
-
All service levies;
-
Financial guarantees by the developer of the subdivision to pay for the
subdivision construction works.
8.8
DEFERMENT OF STREET WORKS
The construction and installation of all curbs, sidewalks, gutters, catch basins and paving
specified by the Authority as being required for the subdivision or site development, may, at the
Authority's discretion, be deferred until a later stage of the work on the development of the
subdivision. If deferred, the developer shall deposit with the Authority before approval
consideration of the subdivision, 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 account in a bank and all interest earned thereon shall be credited to the developer.
8.9
TRANSFER OF STREETS AND UTILITIES
1. The developer shall, following the approval of the subdivision of land, and upon request of
the Authority, transfer at no cost to the Authority, and clear and free of all liens and
encumbrances:
95
-
All lands in the area proposed to be developed or subdivided which are approved
and designated by the Authority for public uses, or other rights-of-way, or for other
public use.
-
All services or works including streets, water supply, sanitary sewer and storm
drainage systems and distribution lines 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 developer's cost, inspect and test the streets, services
and public works installed in the subdivision, and certify approval of the installation.
3. The Authority shall not provide maintenance for any street, service or public work in any
subdivision until such time as such street, service or public work has been transferred and
accepted by the Authority.
8.10 DEDICATION OF LAND FOR PUBLIC OPEN SPACE
1. As part of the subdivision review process, the Authority shall determine the need for the
developer to dedicate a portion of the subdivision site for public open space. If such open
space is deemed necessary and required, the developer shall dedicate, at no cost to the
Authority, an area of land equivalent to not more than 10% of the gross area of the
subdivision provided that:
-
Where land is subdivided for any purpose other than residential use, the
Authority shall determine the percentage amount of land to be dedicated;
-
If in the opinion of the Authority, no open space is required, the land dedicated
by the developer may be used for such other public use as the Authority may
determine;
-
The location and suitability of any land dedicated under the provisions of this
Regulation shall be subject to the approval of the Authority, in that the
Authority shall not accept land, which in its opinion is incapable of development
for any purpose;
-
The Authority may accept from the developer in lieu of dedicated land, the
payment of a sum of money equal to the value of the land which would
otherwise be required to be dedicated;
-
Cash-in-lieu of dedicated open space received by the Authority shall be reserved
by the Authority for the purpose of the acquisition or development of land for
public open space or other public purpose.
96
2. Land dedicated for public use in accordance with this Regulation shall be conveyed to the
Authority prior to subdivision approval in accordance with the provisions of the NL Urban
and Rural Planning Act, 2000 ; the conveyed land may be sold or leased by the Authority for
the purposes of any development that conforms with the requirements of the Development
Regulations, and the proceeds of any sale or other disposition of land shall be applied
against the cost of acquisition or development of any other land for the purposes of public
open space or other public purposes.
3. The Authority requires that a linear portion of land 15 m wide be reserved and remain
undeveloped along the banks of any river, brook or pond, and this land may, at the
discretion of the Authority, fulfill the requirement for public open space land dedication, in
whole or in part.
8.11 BUILDING PERMITS REQUIRED
Notwithstanding the approval of a subdivision by the Authority, a separate application for a
building permit shall be submitted and approved for each building proposed to be erected on
the subdivided lots of the subdivision, and no building permit for any building within the
subdivision site shall be issued until the developer has complied with all the provisions of the
Development Regulations with respect to the development of the subdivision.
8.12 RESTRICTION ON SALE OF LOTS
The developer of a subdivision shall not develop or dispose of any lot within a subdivision for
the purposes of development, and no Development Permit approval for a building permit shall
be issued, until the Authority has approved the plan of subdivision, and all issues related to site
access and infrastructure servicing have been addressed.
8.13 BOUNDARY CHANGES
Where an application is made to subdivide two or more adjoining lots, any of which are less
than the minimum lot size area required for that zone within these Development Regulations,
and where such subdivision proposes to relocate the common boundary or boundaries between
the lots being subdivided, the subdivision may be considered for approval by the Authority,
provided that:
a. None of the lots proposed to be created are less in area size than the smallest of the lots
being subdivided.
97
b. The number of lots proposed to be created is not greater than the number of lots being
subdivided.
c. Such subdivision will not render any existing land use or building(s) of the lots being
subdivided as non-conforming.
d. The lots proposed to be created will comply with all other applicable provisions of the
Development Regulations.
e. No greater number of lots which do not comply with the minimum lot size area
requirements shall be created.
8.14 PANHANDLE LOTS
Where the configuration of existing parcels of land does not support traditional residential
subdivision of land, the Authority may entertain a proposal to subdivide land and develop new
parcels through the creation of panhandle shaped lots, more commonly known as Back lots.
These lots have a driveway from the street, forming part of the lot, provides access to the larger
developable portion of the parcel. Panhandle lots may be allowed provided that:
1. Access:
a. The narrow panhandle driveway access area of the lot shall not be calculated as part of
the minimum parcel size area required by the Development Regulations for that zone,
and the panhandle driveway shall be constructed and certified by the applicant's
engineer to meet standards to provide for a durable road surface for emergency access
vehicles, and include provision for road drainage.
b. All panhandle driveways are be paved with asphalt or concrete by the applicant, and
also be provided with approved drainage for the driveway to the satisfaction of the
Authority.
2. The panhandle width shall be a minimum of an unobstructed 6 m for a single panhandle.
3. For two adjacent panhandles, the minimum width of each panhandle may be 4 m subject to
compliance with the following at time of subdivision:
-
Registration of a cross easement access agreement on the title of both parcels for
shared use and maintenance of the panhandle driveway access; and,
-
There shall be a maximum of two shared panhandle accesses in any one subdivision,
and such shared panhandle accesses shall not be located beside each other.
98
4. There shall be a maximum of three single panhandle access driveways in any one
subdivision, and none of the panhandles shall be located next to each other unless they are
shared.
5. The maximum length of a panhandle access shall be 200 m.
6. Panhandle lots shall not be permitted in Commercial and Industrial Zones.
99
9.0
ENVIRONMENTAL PROTECTION
9.1
INTENT
The intent of this section of the Development Regulations is to apply the principle of
comprehensive environmental stewardship to all land development within the Planning Area.
The primary focus of environmental protection shall be to preserve environmentally sensitive
areas within proposed land development sites by requiring environmental setbacks to sensitive
lands and features.
Identification of archaeological sites protected under the Historic Resources Act, and
development setbacks to Hazard Lands are further required.
9.2 SITE PLAN IDENTIFICATION OF ENVIRONMENTAL,
ARCHAEOLOGICAL AND HAZARD AREAS
All land development applications as part of their required site plan information submission, and
as determined by the Authority, shall identify all environmentally sensitive areas, protected
archaeological sites and hazard lands including any watercourse or water body, endangered
species and protected flora, sloping lands and unstable soils that are located on the property
subject to the development application. In identifying environmental, archaeological and hazard
locations of a property to be protected, the permissible Developable Area of a proposed site
shall also be identified.
9.3
ENVIRONMENTAL, ARCHAEOLOGICAL AND HAZARD LANDS
REVIEW
As part of the Town's review of land development applications with environmentally sensitive,
protected archaeological and hazard lands, the Authority may:
1. Require the applicant to engage a professional biologist, a geotechnical engineer, a
hydrologist or other accredited professional as determined as warranted by the Authority,
to further delineate the environmentally sensitive area and hazard lands features of the site,
and provide site development recommendations related thereto.
2. Refer the land use application to the Department of Fisheries and Oceans for further review
and comment under their 'Policy for the Management of Fish Habitat' and 'Guidelines for
the Protection of Freshwater Fish Habitat in NL'.
100
3. Refer the land use development application to the NL Ministry of Environment, Climate
Change and Municipalities for more detailed review and recommendations.
4. Proposed land development locations in the vicinity of protected archaeological sites, as
identified by the Provincial Archaeology Office (in confidence, these maps are shared with
the Town) shall be referred to the Provincial Archaeology Office before any soil is disturbed
or any ground breaking activity occurs on the site. As well, future development applications
along the Exploits River must be submitted to the Provincial Archaeology Office for review
as soon as possible.
9.4 MINIMUM ENVIRONMENTAL AND HAZARD LANDS SETBACK
REQUIREMENTS
Land development setback separation distances from any watercourse or water body shall be
based upon the density and type of the proposed land use development, and shall be measured
from the top of bank foreshore area of the watercourse and water body, and shall apply, in a
minimum, as follows:
-
15 m for single family residential developments;
-
30m for all multi-unit residential, commercial and industrial projects;
-
A minimum of 15 m setback for Comprehensive Development Area and Public Use land
development projects;
-
30 m from the shoreline of all ponds; and,
-
A minimum of 60 m for all forestry, mineral workings and gravel pit and similar resource
operations.
-
Note that Council shall have the discretion to consider geographical and other
considerations regarding the minimum separation distance between mineral resource-
related activities and adjacent uses and may waive the pre-set separation distance
where it is satisfied that there will be no adverse effect. Where a minimum required
distance was originally observed when choosing the location of a mineral working, the
mineral working shall not be discontinued or impeded where the buffer is reduced to
less than the required distance due to encroachment of development or zoning
boundaries towards the mineral working.
Hazard Lands shall similarly provide development setbacks, based upon recommendations from
a professional engineer, but in a minimum, all land development shall be setback 30m from the
hazard feature.
Archaeological features shall be protected in conformance with the requirements identified
through referral to the Provincial Archaeology Office.
101
9.5 PROHIBITED USES WITHIN ENVIRONMENTALLY SENSITIVE
AREAS AND HAZARD LANDS
1. All identified environmentally sensitive areas on a development site shall be preserved in
their natural state, and any adjacent land development shall prevent any silt or erosion from
degrading the integrity of the environmental lands.
2. All Hazard Lands, once identified, shall not be disturbed.
3. No buildings, no structures and no development shall occur within the setback separation
area to the environmentally sensitive and hazard areas.
9.6
PERMITTED USES WITHIN SETBACK AREA
Within the environmentally sensitive and/ or hazard area specified setback location, existing
natural vegetation and soil shall not be disturbed except for the planting of additional
vegetation, as recommended by a professional biologist and for the placement of a low impact
public pedestrian trail, as approved by the Authority, at the edge of the setback area most
distant from the environmental feature or hazard land.
9.7
ENVIRONMENTAL COVENANT
The Authority may require as part of a land development application approval consideration
that an environmental and/or archaeology protection legal covenant be placed on the title of
the subject property to protect and preserve the environmental area in perpetuity.
9.8
ENVIRONMENTAL SIGNAGE
Where an environmentally sensitive or archaeological significant area has been identified and
protected as part of a land development application, the applicant shall provide at their cost,
signage in a form prescribed by the Authority, to identify the environmentally sensitive and
archaeological lands as being a non-disturbance area.
9.9
LAND USE ZONING
All environmental and archaeological areas within the Planning Area that are currently known,
and that are subsequently identified through a land development application process, and by
other means, shall be zoned as ESA on the zoning maps of the Development Regulations.
102
9.10
SOIL REMOVAL, DEPOSIT AND SITE GRADING
1. Removal or deposit of soil on any property, or the excavation and removal of excavated
material, or the preliminary site grading of any property, in conjunction with a development
project approved by the Authority, or where less than 125 cubic metres of soil, sand, gravel
or other substance down to and including bedrock is to be removed or deposited, shall not
be subject to Development Permit approval from the Authority. All other cut or fill work,
excavation, removal and deposit of material, or site grading, requires a Development
Permit.
2. Removal or deposit of soil, or the excavation and removal of excavated material, or site
grading, that is subject to Development Permit approval consideration by the Authority,
shall be subject to the following conditions:
-
Submission of a site grading plan that indicates existing topography, proposed final site
slopes and grades, and interface contours to adjacent properties;
-
Information that verifies that the intended soil removal, excavation, deposit and/ or site
grading will result in an improved site profile for the proposed land use of the property;
-
The subject site has an existing slope of less than 25 %;
-
Final site grades are shown by a certified Professional Engineer drawing to result in
slopes and site topography that is stable and without geotechnical hazards;
-
The subject site, upon completion of grading and other work, shall be covered with
topsoil and other required material, and planted with appropriate vegetation;
-
The site's final drainage will be designed and certified by a Professional Engineer so as
not to impair existing surface drainage patterns, nor to create erosion either on site or
on adjacent sites;
-
Resolution of any other issues identified by the Authority; and,
-
Payment by the proponent to the Authority of a minimum cash deposit of $750., the
final amount to be determined by the Authority on the basis of the scale and volume of
material of the proposed work, to assure that the conditions of an approved
Development Permit are complied with. The deposit shall be returned when the work
has been completed to the in accordance with the Development permit and to the
satisfaction of the Authority.
-
For approved developments where the extraction of quarry materials is occurring or
may be expected occur, the Town will send a copy of the development permit to the
Quarry Materials Section, Mineral Lands Division, at [email protected] . Note that
quarry materials include but are not limited to aggregate, fill, rock, stone, gravel, sand,
clay, borrow material, topsoil, overburden, subsoil, peat.
103
10.0 FENCES AND LANDSCAPING
10.1 FENCES
1. A fence may only be constructed of wood, masonry materials (excluding poured concrete),
metal, pre-cast manufactured perforated or decorated concrete blocks or panels, and any
combination thereof, as follows:
a. Fencing to be constructed of all wood or combination of wood or metal, i.e., wood
or metal post with wood rails and palings. All materials are to be new and protected
against environmental conditions;
b. An application must be made to the Town Public Works and Development
Department for the use of other materials, such as, metal (i.e., Roth Iron), pre-cast
manufactured perforated or decorated concrete blocks or panels, and any
combination thereof for the construction of a fence.
2. All fences shall be structurally sound, level and true (being square on both the horizontal
and vertical axis).
3. The installation of electrical, barbed, or razor fencing is prohibited in all residential and
multi-unit residential zones.
4. The height of a fence or wall shall be determined by measurement from the ground level at
the average grade level within 1m of both sides of such fence, wall or hedge.
5. To calculate the height of a fence on a property boundary where one property is higher than
the other, the height will be measured from the ground level of the higher property. The
adjacent affected property owner(s) must be notified and consulted as part of the
application review process.
6. Unless otherwise provided within the Development Regulations, no fence shall be
constructed on a lot in a residential zone to a height exceeding 1.8m , EXCEPT for the
portion of the fence constructed within 6m of the intersection of an exterior side lot line
and a front lot line of a residential lot, where the height of a fence shall not exceed 1 m for
which no application for exception will be accepted.
7. To exceed the fence height of 1.8 m, a formal request in writing must be received by the
Town's Public Works and Development Department.
104
Notwithstanding 7.2 which states that no fence shall be greater than 1 m withing 6 m of an
intersection, where a fence is required in a front yard or a side yard of a flanking street of a
residential lot, the fence shall be a visually permeable picket, rail, metal or other approved
material fence. To be considered visually permeable, a fence must be constructed as
follows:
-Using an 89 mm wide paling, the opening between palings shall be 32 mm;
-Using a 140 mm wide paling, the opening between palings shall be 44 mm).
8. In all zones other than residential zones, the maximum height of a fence shall be 2 m,
except:
(i) where provided for elsewhere within the Development Regulations; and
(ii) open mesh or chain link type fences erected on a cemetery, public playground, park,
playfield, elementary or high school area, industrial storage yards and utility yards. In these
instances, fences may be erected to a maximum height of 3 m.
9. For a retaining wall:
a. To prevent erosion and damage to adjacent properties, a retaining wall is required for
common boundaries with slopes greater that 1:1;
b. Retaining walls are the responsibility of the property owner to support their property,
this the property owner whose property is higher than the adjacent (lower) property.
c. Council may require an engineering-stamped drawing to be submitted to the Town's
Public Works and Development Department for approval
10.2 GENERAL LANDSCAPING PROVISIONS
The intent of regulatory guidelines for landscaping within the Planning Area is to enhance the
visual appearance and character of the community. While Part 4 Development Design
Guidelines of the Development Regulations provide for detailed site landscaping and building
design guideline requirements for all multi-unit and intensive residential, commercial, industrial,
comprehensive development area and Public Use zoned sites, this part of the Development
Regulations addresses basic regulations for the installation requirements, maintenance and
security bonding for landscaping.
1. The owner of a developed residential property is responsible for the placement and proper
maintenance of landscaping on the site for all yards and adjacent rights-of-way, up to the
edge of the road and/ or sidewalk. All yards visible from a street shall be landscaped as
indicated in the approved landscape plan which could mean that the area would be seeded
with grass or have grass sod place, or have non-vegetative landscaping installed within 18
months of occupancy. Alternative forms of landscaping may be substituted for seeding and
105
grass sod, provided that all areas of the exposed earth are designed as either flower beds or
cultivated gardens.
2. Landscaping, including landscaped screen, when extending in front of the front building line
will be treated the same as a fence with regard to height restrictions and plants within 6m of
the intersection of an exterior side lot line and a front lot line of a residential lot, shall not
exceed 1 m in height.
3. On corner lots hedges or shrubs along exterior lot lines must be kept back 3.65 m from
exterior lot lines.
4. Trees used as a screen between properties from the front building line to the rear of the
property along a common boundary are to be planted so that the limbs, when matured, do
not encroach on the adjacent property.
5. Trees planted perpendicular to utility easements and encroaching on such an easement
shall be trimmed and not permitted to be higher than 3 m.
106
6. Where landscaping is deemed required by Council on a property by the Development
Regulations for Intensive and multi-unit residential, commercial, industrial, comprehensive
development area and public use zones, and on other development properties as
determined by the Authority, no development shall commence unless:
-
A landscaping plan or scheme has been submitted to the Town by the owner, or owner's
representative, of a property proposed to be developed, and such landscaping plan or
scheme is subsequently approved by the Authority;
-
The required security or bonding for the landscaping plan or scheme has been
submitted to the satisfaction of the Authority;
-
The property owner provides to Council detail on how ongoing landscaping
maintenance will be conducted and assured.
107
7. Existing native species landscape plantings should be conserved wherever feasible, and used
through replanting to meet the landscaping provisions of the Development Regulations, and
as approved by the Authority.
8. Where a commercial zoned lot abuts a lot zoned as residential, a landscape screen or fence
that has a minimum height of 1.5 m is required ; and an industrial zoned lot abuts a lot
zoned as residential, a landscape buffer area with a minimum 10 m width or a fence shall be
provided by the owner of the industrial zoned lot along the full length of the abutting lot
line. This fence must take into consideration the sight line clearance requirements of 7.2.
9. Council may require an accessory unenclosed storage use in the commercial and industrial
zones, which existed at the effective date of these Development Regulations, to be bounded
on all sides by a landscape screen or fence of not less than 1.5 m in height if there is an issue
of unsightly storage that is visible from the street or major collector or arterial streets.
10. A use providing for bulk outdoor storage, scrap and other similar junk that is not contained
within a building, which existed at the effective date of these Development Regulations,
shall be bounded on all sides by a landscape screen of not less than 2.5 m in height, and no
material shall be stored at a height greater than the landscape screen. The screen may
include a raised and landscaped earth berm.
10.3 LANDSCAPING FOR PARKING AND STORAGE AREAS
1. Council shall require that all surface parking and storage areas shall be paved or treated to
reduce dust in a manner satisfactory to Council, except for development in the Rural zone.
Council may require additional landscaping which may include:
a. All surface parking areas shall provide for a minimum 3m landscape area between the
hard surface parking locations on the site and property lines, including the planting of
trees at a minimum of one (1) tree for every five (5) parking spaces, or for every 10 m of
property frontage to an adjacent roadway, whichever is less.
b. A parking area having eight (8) or more parking spaces and which is visible from an
adjacent site in a residential zoned area, or visible from a road other than a lane, shall
be fenced or have landscape screen. Attention to vehicle headlight glare to nearby
residential lots shall be addressed. The specific location, length, thickness and height of
the landscape screen or fence shall be in accordance with the landscaping approved by
the Authority.
108
c. Where off-road parking for thirty (30) or more vehicles is provided at grade on site, such
as in a commercial shopping centre development, there shall be landscaped open space
within the development provided at a minimum ratio of 2.0 m2 for each parking space.
The required landscaping shall not be located in one area and shall be placed within the
parking area so as to provide visual relief and break up large areas of parking into
smaller cells through provision of landscaped islands. Attention to pedestrian safety in
circulation and shaded bench areas shall also be incorporated into the landscape plan.
d. A garbage collection area, an open storage area, or an outdoor service area, including
any loading and vehicular service area, which is visible from an adjacent site in a
residential zoned area or from a public road other than a lane, shall be fenced and/or
have landscape screen planting to a minimum height of 2 m. The fencing and landscape
detail shall be determined through a landscape plan approved by the Authority.
e. Commercial and industrial zone lots that abut the Trans-Canada Highway corridor shall
improve the appearance of parking areas open to the traveling public view by planting
tree and landscape features.
2. New Single Family Residential subdivision developments of more than twenty (20)
residential lots shall provide, where determined by the Authority, a development site entry
landscape area with signage, as approved by the Authority.
10.4 OPEN SPACE LANDSCAPING ON DEVELOPED COMMERCIAL
AND INDUSTRIAL LOTS
Council, at its discretion, may require open space landscaping on developed Commercial and
Industrial sites to enhance the urban visual landscape and beautify the community. This
landscaping may include:
1. Grass, ground cover, shrubs and other landscape materials shall be used to cover all open
ground within 6 m of any building, paving area or other use such as storage.
2. All buildings and structures shall be treated with landscaping so as to enhance the
appearance of the structure and to screen any unsightly appearance.
3. In all non-residential zones within the Urban Development Area, a minimum of 10% of the
total site shall be devoted to landscaping. This objective can be most effectively achieved by
focusing landscape treatment within the property's front and side yard setback areas, within
parking areas and adjacent to site buildings.
109
4. Trees shall be included on the landscaping plan and planted in non-vehicular open space to
meet the following requirements:
-
One tree for each 10 m of property frontage to all adjacent roadways in all non-
industrial areas;
-
One tree for each 12 m of property frontage to on industrial zoned sites;
-
Approved shrubbery plantings shall be installed between trees; and,
-
One tree and one shrub for each landscaped parking area island within large parking
areas of commercial and industrial zoned sites.
5. When existing trees that are retained on a development site are at least 15 cm in caliper,
such trees may count double towards meeting the tree requirements of this Section. When
existing trees are at least 25 cm in caliper, they may count triple towards meeting the tree
requirements of this Section.
6. All required landscaping shall conform to the following at time of installation:
-
Deciduous trees shall be at least 60 mm caliper;
-
Coniferous trees shall have a minimum height of 2.5 m;
-
Deciduous tree species at maturity shall have an average spread of crown greater than 4
m, and planted trees with a lesser mature crown may be grouped so as to create the
equivalent of 4 m or greater crown at maturity.
7. All plant materials to be used shall be hardy to the Grand Falls-Windsor area, and to the
specific development site and location.
10.5 LANDSCAPING SECURITY
The owner, or owner's representative, based upon the landscape plan or scheme submitted to
the Town for a site development, shall calculate the landscaping costs associated with the
landscape plan or scheme, and submit those costs to the Authority. If the Authority does not
accept the submitted landscape costs, a different landscape cost may be calculated by the
Authority to determine the value required for the landscaping security.
1. Where landscaping is required on development sites, the Authority may require that the
owner and/or developer provide a guaranteed security to ensure that the landscaping is
installed in accordance with the approved landscaped plan, and maintained for two growing
seasons after initial planting.
110
2. Where required, the security to be provided to the Authority is to be for a value equal to
50% of the established landscaping costs, and such security may be provided in one of two
forms, as follows:
-
Cash may be submitted as the landscaping security; it shall be held by the Authority,
without interest payable, until the landscaping has been installed, successfully
maintained for two growing seasons and inspected during the growing season by the
Town after the two-year period; or,
-
A Letter of Credit, in a form satisfactory to the Authority, may be provided as the
landscaping security. The initial Letter of Credit shall be for a one-year period, and shall
be renewed for a further one-year term thirty (30) days prior to expiry. This process
shall be repeated as necessary until the installed landscaping has been maintained for a
two-year period to the satisfaction of the Authority.
3. Upon application by the owner/ applicant, or owner's representative, a letter of credit may
be amended to a reduced amount, and a cash deposit may be reduced in the amount that
the Authority holds, when any of the following events occur and are to the satisfaction of
the Authority, the required landscaping has:
-
been properly installed.
-
been well maintained and is in healthy condition after one growing season.
-
been well maintained and is in a healthy condition after two growing seasons. In this
case, the letter of credit or the cash deposit shall be fully released.
4. Any letter of credit shall allow for partial draws. If the landscaping is not installed in accordance
with the approved landscape plan within one growing season after completion of the
development, or if the landscaping is not well maintained and is not in a healthy condition two
growing seasons after installation completion of the landscaping, the following actions by the
Authority may occur:
-
The Authority may draw on the cash security or the letter of credit to use the funds to
complete the landscaping;
-
If expenses incurred by the Authority to complete the landscaping work are insufficient,
the Authority shall detail these accounting costs and the owner of the development site
shall pay to the Authority any such deficiency incurred by the Authority immediately
upon being so invoiced.
111
11.0 OFF STREET PARKING REQUIREMENTS
11.1
ACCESSIBILITY AND USE
1. Within the Urban Development Area, the following shall apply within zoned areas for single
family residential homes:
-
Vehicle parking shall occupy no more than 20% of the lot area.
-
No vehicle parking shall be permitted in the required front yard, unless on a paved
driveway located to the side of the front yard landscape area.
-
No parking shall be permitted within 1.5 m of any rear or side lot line bounded by a
street;
2. Within the Urban Development Area, parking or storage of the following shall be completely
enclosed within a building, unless otherwise approved by the Authority through issuance of
a permit, or as otherwise provided for within the Development Regulations:
-
Vehicles exceeding 4500 kilograms of gross vehicle weight.
-
Equipment exceeding 300 kilograms that is used or designed for use in construction
or maintenance purposes.
-
Recreation vehicles, boat trailers or boats exceeding 7.5 m in length.
-
More than one unlicensed vehicle.
-
Dismantled or wrecked vehicle.
3. All automobile parking spaces on all development sites shall be located and designed to
permit unobstructed vehicular access to all parking spaces by way of a maneuvering aisle.
4. In Commercial, Industrial, Multi-unit Residential, Public Use and Comprehensive
Development Area zoned sites, parking spaces shall not be accessible directly off a lane or
street.
5. In Multi-Unit Residential zones, off street parking shall:
-
Provide at least one enclosed parking space per dwelling unit within a garage.
-
Not be placed within the required front, rear or side yard setbacks.
6. Tandem parking spaces for two vehicles may be provided to meet the required number of
parking spaces for a single unit residential use, a subsidiary apartment, and for up to 25
percent of the required parking spaces for a Townhouse residential use, provided they are
designed for the exclusive use of the same dwelling unit.
112
7. A parking space for a subsidiary apartment must be a dedicated space on a lot where the
use is located, and must not impede access to parking for the primary residential use.
8. Disabled parking spaces shall be clearly marked by painting a blue handicapped symbol on
each space; and visitor parking spaces shall be clearly marked by painting the word 'VISITOR'
on each space.
11.2
DESIGN AND MAINTENANCE
1. Within the Urban Development Area, each Off Street Parking space and the required
maneuvering aisle to access the parking space shall be surfaced with asphalt or concrete.
2. All parking areas shall provide landscaping in accordance with the provisions of Regulation
10.0 Fences and Landscaping and in accordance with the applicable Development Design
Guidelines of Part 4 of the Development Regulations.
3. All parking spaces and aisles shall adhere to accepted best management practices for storm
water management, and all parking lot areas providing for more than 25 spaces shall
provide for an oil interceptor within the storm management catch basins.
11.3 PARKING SPACE SIZES
1. The minimum dimensions for a parking space and the associated maneuvering aisle shall be
as follows:
Parking Angle
(In degrees)
Width of
Space
Length of
Space
Width of
Aisle
Traffic
Direction
90
2.6m
5.5m
7m
Two Way
90
2.6m
5.5m
6.5m
Two Way (within building)
60
2.6m
5.5m
6.5m
Two Way
45
2.6m
5.5m
6.5m
Two Way
180 (Parallel)
2.6m
6.7m
6.5m
Two Way
90 (Compact Car)
2.5m
5m
7m
Two Way
60 (Compact Car)
2.6m
5m
6.5m
Two Way
45 (Compact Car)
2.7m
5m
6.5m
Two Way
2. All maneuvering aisles for one-way traffic shall have a minimum width of 3.5 m.
113
3. Where the total number of required parking spaces exceeds 25 spaces, up to 20% of the
total required parking spaces may be provided for smaller vehicles, referred to as 'compact
parking'. All compact parking spaces shall be clearly marked as "Small Car Only".
4. For underground parking, parking areas shall be illuminated and building support columns
shall not intrude into the minimum width or length of parking spaces.
5. Parking spaces that abut a wall, retaining wall, fence or similar structure shall have minimum
width of 3 m, and shall provide adequate curb or wheel stops.
6. Parking spaces adjacent to pedestrian walkways and sidewalk areas shall have adequate
curb or wheel stops.
7. Driveways that do not provide access to parking spaces shall have a decreased minimum
width of 6 m for two-way traffic, and 4 m for one-way traffic.
11.4
REQUIRED NUMBER OF PARKING SPACES
1. In determination of the total number of required parking spaces, the total capacity for
which the building is designed shall be the numerical measurement for parking
requirements.
2. Parking spaces shall be provided on a Lot for all the intended uses for the Lot in accordance
with this Regulation 11.4 of the Development Regulations.
3. Off Street Parking shall be provided for each category of land use, or for each specific listed
use, in accordance with the following tables:
Accommodation
Use
Minimum Number of Required Parking Spaces
All uses other than uses listed below
1 space per sleeping unit
Campground
1 space per 5 camping spaces to a maximum of 15 centrally
located parking spaces
Meeting Space within hotels
1 space per 20.0 m2 so used
114
Automotive
Use
Minimum Number of Required Parking Spaces
All uses other than uses listed below
2 spaces per 100.0 m2 of floor area plus 3 spaces
per vehicle service bay and 1 space per fuel pump
located parking spaces
Car Wash
1 space per wash bay
Vehicle Dealership
2 spaces per 100.0 m2 of floor area
Vehicle Rental Office
1 space per 20.0 m2 of office floor area
Cultural
Use
Minimum Number of Required Parking Spaces
All uses other than uses listed below
1 space per 4 seats of total capacity of assembly area
Plus 3 spaces per 100 m2) of other floor area
Cultural Assembly
1 space per 5 seats of total capacity of assembly area
Plus 3 spaces per 100 m2 of other floor area
Gallery and Museum
1.5 spaces per 100 m2 of floor area
Entertainment and Recreation
Use
Minimum Number of Required Parking Spaces
All uses other than uses listed below
1 space per 4 seats of total capacity and/or where occupancy
is not determined by seating
1 space per 10 m2 of floor area
Movie Theatre or Cinema
1 space per 5 seats of total capacity
Billiard Hall and Amusement Centre
1 space per 25 m2 of floor area
Bowling Alley
3 spaces per bowling lane
Golf Driving Range
1.5 spaces per driving tee
Park
Spaces to be determined by authority on basis of projected
intensity of use of park space
Food and Beverage
Use
Minimum Number of Required Parking Spaces
All uses other than uses listed below
1 space per 4 seats of total capacity and/or where occupancy
is not determined by seating
1 space per 10 m2 of floor area
Coffee Shop
1 space per 6 seats of total capacity
Pub, Restaurant, Licensed Lounge
1 space per 4 seats of total capacity
115
Industrial
Use
Minimum Number of Required Parking Spaces
All uses other than uses listed below
1 space per 100 m2 of floor area
Auction and wholesaling
The greater of 20 spaces, or 1 space per 30 m2 of floor area
Heavy Industry
1 space per 150 m2) of floor area
Mini Storage
1 space per 200. m2 of floor area
Recycling Depot
1 space per 200.0 m2 of floor area
Warehousing
1 space per 200 m2 of floor area
Asphalt Plant, Quarry and Resource
As determined required by the Authority.
Commercial - Personal Service
Use
Minimum Number of Required Parking Spaces
All uses other than uses listed below
2.5 spaces per 100 m2 of floor area
Child Care Centre
1 space per employee plus 2 spaces for drop off
Financial Services and Offices
3 spaces per 100 m2 of floor area
Medical Clinic
4 spaces per 100 m2 of floor area
Medical Office
3 spaces per 100 m2 of floor area
Spa
4 spaces per 100 m2 of floor area
Commercial - Retail
Use
Minimum Number of Required Parking Spaces
All uses with a floor area space < 375 m2
2.5 spaces per 100 m2 of floor area
All uses with a floor area space of 376sm to 4,500 m2
3 spaces per 100 m2 of floor area
All uses with a floor area space > 4,501 m2
4 spaces per 100 m2 of floor area
Residential
Use
Minimum Number of Required Parking Spaces
All uses other than uses listed below
2 spaces per Dwelling Unit
Apartment
1.5 spaces per Dwelling Unit, plus 0.2 spaces per Dwelling
Unit for visitor parking
Adult Care Facility
1 space per two beds for employee parking, plus
1 space per 4 beds capacity for visitor parking, plus
2 spaces for drop-off area
Bed and Breakfast
1 space per every 2 guest rooms used
Boarding Use
1 space per every room used
Personal Care Facility
0.75 spaces per bed
Home Based Business
1 space per every non-resident employee
116
Use
Minimum Number of Required Parking Spaces
Mobile Home Park
2 spaces per Dwelling Unit, plus 0.2 spaces per Dwelling
Unit for visitor parking
Residential Care
1 space for every 3 beds
Subsidiary Residential Apartment
1 space
Townhouse Residential
2 spaces per Dwelling Unit, plus 0.2 spaces per Dwelling
Unit for visitor parking
Single Family House in RS and RM zones 2 spaces per Dwelling Unit
Public Use
Use
Minimum Number of Required Parking Spaces
All uses other than uses listed below
1 space per 35 m2) of floor are
Cemetery
Total spaces to be determined by Authority
Civic Use
1 space per 5 seats of total capacity within assembly area
Plus 3 spaces per 100 m2 of other floor area
Hospital
1 space per 100 m2 of other floor area
Library
1 space per 100 m2 of other floor area
Prison and Detention Facility
1 space per 100 m2 of other floor area
Schools (Elementary of Middle)
1 space per classroom, plus 9 spaces for drop-off area and
2 spaces for bus loading and drop-off
Schools (Secondary)
5 spaces per classroom, plus 2 spaces for bus loading and
drop-off
11.5
BICYCLE PARKING
The Municipal Integrated Community Sustainability Plan (MICSP) discusses the need for future
attention to alternative mobility options within the Planning Area, including provisions for
bicycling. The MICSP identifies that larger commercial, industrial and public use developments
with building floor space of 2787.0 m2 and more, both existing and proposed, and multi-unit
residential projects, and particularly for major recreation venues in the community and within
the downtown areas, provision should be made for the public's and employee's use of bicycling
parking racks. Through successful municipal application for a 'Green Mobility Capital Grant' and
similar funding sources, the majority of cost for bicycle racks for local businesses and other
organizations to provide for local bicycle infrastructure needs can be significantly discounted.
117
Bicycle racks for parking are a fixed structure that support the bicycle frame and front wheel in a
stable position, and may provide for up to 8 individual bicycle parking spaces per rack, and allow
for the cyclist's own locking device to be used.
1. Within the Urban Development Area, commercial, industrial and public use buildings in
excess of 2,787 m2 shall provide for bicycle parking rack facilities, and new multi-unit
residential developments shall provide for bicycle storage and parking amenities.
2. Bicycle parking racks, where provided, shall be situated near the primary entrance to the
principal building on a site, or with recreation centres and within the downtown areas, small
open space nodes adjacent to pedestrian sidewalks shall be pursued.
11.6 BICYCLE PARKING REQUIREMENTS
1. Bicycle parking racks shall be provided for larger commercial, industrial and public use
buildings at a ratio of 1 space in a bicycle rack for every 250.0 m2 of building floor area.
2. Within multi-unit residential Townhouse and apartment projects, provision for the common
area storage of residents' bicycles within the building shall be made at a ratio of 1 space for
every 5 dwelling units.
3. Parking for bicycles with multi-unit residential developments shall be provided at a ratio of
one outside bicycle rack for every 20 dwelling units.
118
119
12.0 OFF STREET LOADING REGULATIONS
12.1
INTENT
1. Buildings that require shipping and delivery, and loading and unloading, by trucks and other
service vehicles of goods, materials and merchandise, as part of their operation shall
provide for sufficient dedicated area adjacent to their buildings for the loading and
unloading spaces.
2. Required off street loading spaces shall not be used for any other use.
12.2 LOADING SPACE SIZES
1. The minimum dimension for an offstreet loading space shall be 4 m in width, 12 m in length,
and 4 m in vertical height clearance.
12.3 DESIGN AND MAINTENANCE STANDARDS
1. Each loading space shall be sited within 12 m of the loading door it is designed to serve.
2. Off street loading spaces shall be surfaced with asphalt or concrete.
3. Off street loading spaces shall have adequate curb stops to retain vehicles within the
offstreet loading space, to prevent vehicles from obstructing pedestrian walkways, or causing
damage to landscaped areas.
12.4 ACCESS
1. Direct vehicular access, a minimum of 6 m wide, from the adjacent highway or street shall
be provided to each loading space.
12.5 REQUIRED NUMBER OF LOADING SPACES
1. For development sites with building floor area space greater than 500 m2, one loading space
shall be provided.
2. For development sites with building floor area space greater than 2,000.0 m2, two loading
spaces shall be provided.
120
121
13.0 SIGNS AND ADVERTISEMENTS
Signs and advertisements within the Town of Grand Falls-Windsor include the following types:
-
Prohibited
-
Portable
-
Billboard
-
Third Party
-
Business and Special Event Promotion
-
Business Premises
-
Election Signs
Permit requirements for such signs and advertisements shall be addressed through a separate
Council Policy for Signs and Advertisements. All proposed signs for placement upon any
property within the Town, except exempted signs, are to receive Council approval in accordance
with the said Policy.
Provincial highway corridor signage is exempt from the provisions of the Signs and
Advertisement Policy. A business may apply for an exemption which may be considered at the
discretion of Council.
Signage displays for new site developments, where applicable, shall additionally comply with the
Design Guidelines for Development Proposals, commencing with Part 4 of the Development
Regulations. Other signage provisions of the Development Regulations, including those
pertaining to Home Based Businesses shall also apply.
122
123
14.0 HOME BASED BUSINESSES
14.1 ACCESSORY USE
All home-based businesses shall:
-
Be considered clearly as secondary and accessory uses to the primary residential use of the
property;
-
Maintain the privacy and enjoyment of adjacent residences and the character of the
neighbourhood;
-
Be entirely enclosed within a building, except a Child Care Centre is to use the rear yard as a
play area;
-
Not involve any internal or external structural alterations to the primary residential dwelling
unit;
-
Not externally indicate in any manner, other than one permitted sign, that the residential
dwelling is being used for any other use than a residential use;
-
Not involve the unenclosed storage or display of any materials related to the Home-Based
Business use, except for plants and trees;
-
Be subject to a potential additional municipal water fee as determined by the Authority;
-
Be subject to an annual business licensing requirement, as determined by the Authority.
14.2 PERMITTED USES
Only the following occupations and professions, and similar uses not specifically listed as
follows, may be conducted as a home-based business:
1) Business and professional offices, excluding real estate offices, but including medical
and dental offices;
2) Artisan and other home crafts;
3) Food preparation for catering services and baking;
4) Bed and Breakfasts;
5) Music and dance lessons and educational tutoring;
6) Telephone and mail order business;
7) Art gallery and framing shop;
8) Pet grooming services;
9) Shoe repair, dressmaking, sewing repairs and tailor shop;
10) Furniture repair and upholstery;
11) Sale of bedding plants, produce, and trees grown on the same lot;
124
12) Varied personal service uses that do not disrupt the residential character of the
neighbourhood such as small appliance, clock/watch, bicycle, ski and snowboard and
computer repair, locksmiths, manicurists and insurance agents; and,
13) Discretionary Uses as approved by the Authority.
14.3 EXCLUDED USES
An accessory home-based business shall not include any business activity related to any of the
following uses:
-
Occupations that discharge or emit odors, noxious or toxic matter or vapors; heat, glare,
noise and/or radiation;
-
Manufacturing;
-
Welding;
-
Light industrial use;
-
The salvage, repair, maintenance or sales of motor vehicles, motor vehicle engines or parts;
-
Tow truck operations;
-
The use of mechanical or electrical equipment except as ordinarily utilized in purely
domestic, household, recreational hobbies or a home office use;
-
The use of any motor vehicle exceeding 4,500kg (9,920lbs.) licensed gross vehicle weight, or
a commercial vehicle unless such vehicle is completely enclosed within a building;
-
Materials and commodities that involve delivery to and from the home-based business
residence in such bulk or quantity as to require regular or frequent delivery by a commercial
vehicle or trailer;
-
Occupations that result in traffic congestion, on street parking overflow, electrical
interference, fire hazards or health hazards;
-
Veterinary clinics, pet breeding and boarding kennels;
-
Orchestra and band training;
-
Tutoring or lessons for more than 3 classes per day to a maximum of 6 students per day;
-
Office uses that generate regular daily visits by clients;
-
Public assembly use;
-
Telephone or mail order sales of goods where customers enter the premises to inspect,
purchase or take possession of goods;
-
The sale of any commodity not produced on the premises;
-
Warehouse outlet;
-
Contractors Yards;
-
Adult Entertainment Uses; and,
-
Any other use that is not complimentary to the quiet enjoyment of a residential
neighbourhood.
125
14.4 BEAUTY SALONS AND OTHER USES
-
Beauty salons, hair stylists, barbers, massage services and tanning salons shall only be
permitted as Home Based Business uses as a Discretionary Use, on the basis of specific
outlined conditions being addressed by an applicant, and as approved by the Authority,
except on properties larger than 0.8ha within the RR-1 and Rural zones where such uses are
permitted as a Home Based Business.
-
Beauty salons, hair stylists, barbers, massage services and tanning salons that are currently
licensed as home base business but become non-conforming upon registration of these
Development Regulations, shall be allowed to continue, and are subject to Regulation 14.5
and 14.6; and,
-
Home based businesses for beauty salons, hair stylists, barbers, massage services and
tanning salons shall not be open nor operate past 9 p.m. each evening.
14.5 GENERAL REGULATIONS
-
No more than two home-based businesses shall be permitted within any one residential
dwelling unit or accessory building;
-
A home-based business shall only be conducted by the residents of the dwelling unit where
the business is located;
-
A home-based business use shall occupy less than 25% of the total floor area space of the
dwelling unit, except for a Child Care Centre which may use 50% of the total area space of
the dwelling unit and where an accessory building is used for the home-based business;
Refer to Regulation 14.11.
-
Home based businesses shall have a maximum of 3 employees per home-based business
use, including not more than 1 non-resident employee;
-
Any and all persons intending to conduct a home-based business shall apply to the Town for
an application for a business license on the form prescribed by Council Policy; and,
-
Home based business licenses may be subject to annual review and evaluation, including an
assessment of any neighbourhood complaints received. Council may determine to not
renew any home-based business license for an operation that is deemed not to be in full
compliance to the requirements of Regulation 14.0 of the Development Regulations.
14.6
HOME BASED BUSINESS PARKING REQUIREMENTS
-
In addition to the two required parking spaces for a residential zone use, a Home-Based
Business shall provide one additional parking space for each non-resident employee working
at such facility;
126
-
A minimum of two parking spaces are required for Home Based Business uses involving
students, patrons and a Child Care Centre, and for a Bed and Breakfast Use;
-
All parking spaces are to be provided on the Lot for the Home-Based Business use and are to
be paved or otherwise made durable and dust free; the front yard shall not be used to
provide the required parking spaces; and,
-
The Home Base Business applicant shall provide a Site Plan that indicates the parking spaces
location and any landscape improvements related thereto at time of business license
application.
14.7 SIGNAGE FOR HOME BASED BUSINESSES
A Home-Based Business may have one non-illuminated sign not exceeding 0.20 m2 which
includes the name of the Home-Based Business and/or that of the license holder. The sign shall
be placed within or flat against the main front wall of the dwelling unit or on an entry feature
such as a gate, fence or steps, as approved by the Authority.
14.8 BED AND BREAKFAST USE
-
Bed and Breakfast uses are only allowed as a discretionary use within the Principal Building
in the RS, RR-1 and Rural zones, and within Single Family Residential dwellings in the RM
zones, and where such dwelling units are well maintained and attractive to the intended
tourism accommodation use;
-
Bed and Breakfast proposed uses will need to address the discretionary use provisions for
conditions of use, including neighbourhood consultation and receive approval of the
Authority;
-
Bed and Breakfast proposed uses are subject to the National Building Code and municipal
inspection;
-
The principal use of the residential dwelling unit shall continue to be the home for the
ongoing occupation by a single family; no other use such as for a Residential Care or
Boarding use shall be permitted at the same time as a Bed and Breakfast use;
-
The person(s) operating the Bed and Breakfast shall hold a valid license issued by the
agency/ agencies having jurisdiction or authority; including a Business licence from the
Town;
-
No more than four bedrooms accommodating not more than eight persons at any one time
may be used by residential homes for a Bed and Breakfast use; or at the discretion of
Council;
-
Breakfast is the intended meal to be provided to the Bed and Breakfast patrons; and,
-
A Bed and Breakfast Use is not permitted within a subsidiary apartment, a mobile home or
within multi-unit dwellings units in the RM zones.
127
14.9 CHILD CARE CENTRE AS HOME BASED BUSINESS
-
A Child Care Centre shall be permitted in the Rural and RR-1 zones, but shall be a
discretionary Use within the identified RS and RT zones;
-
A Child Care Centre shall be duly licensed and approved, staffed, equipped and operated in
accordance with the requirements of the agencies having jurisdiction or authority; and,
-
A Child Care Centre operating as Home-Based Businesses shall be sited a minimum of 300 m
from another Child Care Centre.
14.10 HOME BASED BUSINESS APPLICATION
All Home Base Businesses are to apply for a license to operate or to continue to operate within a
residential zone property, on the application form prescribed by Council Policy.
14.11 HOME BASED BUSINESS USE OF ACCESSORY BUILDINGS
1. A Home Occupation in an Accessory Building is subject to the following:
a. the Accessory Building shall comply with other requirements set out in Section 14;
b. have no wholesale sales; retail sales may be permitted provided they are incidental
to the home business;
c. be operated by a resident of the dwelling to which the accessory Building is
associated and not employ more than 2 non-residents;
d. have activities associated with the home business which are not hazardous and
which do not cause a significant increase in traffic, noise, odour, dust, fumes,
lighting or other nuisance or inconvenience to residents of nearby properties;
e. have sufficient parking to accommodate the home business and the Dwelling Unit;
and
f. have no change in type, nature, or intensity without the approval of Council.
14.12 SHORT-TERM RENTAL
1. Short-Term Rental uses are only allowed as a discretionary use within the RR-1, RS, RM, CD
and Rural zones, and where such dwelling units are well maintained and attractive to the
intended tourism accommodation use;
2. Short-Term Rental proposed uses will need to address the discretionary use provisions for
conditions of use, including neighbourhood consultation and receive approval of the
Authority;
3. Short-Term Rental proposed uses are subject to the National Building Code and municipal
inspection
128
4. No other use such as for a Residential Care or Boarding use shall be permitted at the same
time as a Short-Term Rental use;
5. The person(s) operating the Short-Term Rental shall hold a valid license issued by the
agency/ agencies having jurisdiction or authority, including a Business licence from the
Town;
6. No more than three bedrooms accommodating not more than six persons at any one time
may be used by residential homes for a Short-Term rental;
7. A Short-Term Rental Use is not permitted within a mobile home.
129
15.0 SUBSIDIARY APARTMENTS
15.1 PURPOSE
Subsidiary Apartments are to provide affordable residential rental dwelling units as an accessory
use within a Single Family Residential home within the RR-1, and all RS zones in accordance with
the following provisions:
-
Shall be limited to one Subsidiary Apartment per lot;
-
Shall be contained within the same building as the Single Family Residential use;
-
Shall retain the façade appearance as a Single Family Dwelling, and is subject to the
Authority approval;
-
Shall have a separate entrance and access to the outside;
-
Subsidiary Apartment use shall be provided with a minimum of 20.0 m2 of private outdoor
space, and,
-
Shall have a minimum floor area size of 40 m2 for a one-bedroom apartment, with 10 m2 for
each additional bedroom, except for the RS-1 zone where the minimum size must be 32.5
m2.
15.2 FIRE SAFETY
Subsidiary Apartments shall comply with all requirements of the National Building Code,
including a minimum of a 45- minute firewall separation between the two dwelling units.
15.3
SERVICING
Within RR-1, Subsidiary Apartments require approval from the applicable Authority for septic
effluent disposal.
15.4 PARKING
Subsidiary Apartments shall provide for a minimum of one parking space on the lot where it is so
used, and except for the Rural Zone, be paved or finished with a durable and dust-free surface.
15.5 PROHIBITED USES
-
Subsidiary Apartments shall not be permitted within mobile homes, or where there is an
existing Boarding or Bed and Breakfast Use, or within the RM zones; and,
-
Subsidiary Apartments shall not be strata-titled.
130
131
16.0 CONTRACTORS YARDS
16.1 PURPOSE
Contractor Yards for the storage, maintenance and repair of vehicles, and for equipment and
materials related to the construction industry, shall only be permitted within the IL zone.
16.2 CONDITIONS OF USE
Contractor Yards shall include one principal building and Council may require that outside
storage is screened from public view by a combination of fencing and landscaping.
16.3 PROHIBITED LOCATIONS
Contractor Yards shall not be permitted as a Home-Based Business, nor shall Contractor Yards,
including any ongoing storage of construction equipment and materials, be allowed to locate in
residential zones except for when new residential homes are under construction.
132
133
17.0 COMMERCIAL KENNELS
17.1 LOCATION AND SIZE
A Commercial Kennel shall only be permitted in the IL zone, or as a discretionary use on Rural
and RR-1 zoned lots that are greater than 2 ha in area size, and shall be limited to a maximum of
10 dogs per hectare and 20 cats per hectare.
17.2 BUILDINGS
-
A Kennel operation shall not cover more than 30% of the Lot area, including all buildings
related to the kennel use;
-
All buildings related to the Kennel use shall contain at least 8 cm of insulation in all exterior
walls and ceilings for the purpose of soundproofing;
-
All buildings for the Kennel use shall be inter-connected with a communication system to
enable monitoring of the dog kennel area and dog runs;
-
The outside perimeter of all areas related to the Kennel where animals are kept shall be
enclosed by a solid fence or a solid hedge at least 1.8 m in height to screen the areas from
adjacent properties and shall not be located within 6 m of an intersection where the
requirements of 7.2 apply to protect sight lines; and,
-
All buildings, pens and runs shall be sited not less than 15 m from any property line, and
90m from any residence except the Kennel site.
134
135
PART III: INDIVIDUAL ZONE CATEGORIES AND THEIR
ZONING REQUIREMENTS
Overview
This Part 3 of the Development Regulations identifies 24 distinct land use zone categories, their
uses of land, conditions of use, development standards and other requirements. For
interpretation of the varied Permitted, accessory, discretionary and prohibited uses of land
listed within each zone category, reference should be made to definitions provided within
Section 2.0 Definitions of Part 1 of the Development Regulations.
Permitted uses are the primary permitted land uses allowed in each zone category. Accessory
uses may only occur in association with a principal or primary permitted use, and are to be
clearly secondary to the principal permitted use in intensity and occupation of use, and in area
and building size and building height. Listed Discretionary land uses within each zone category, if
applicable, represent potential land uses that may be considered by Council for approval based
upon their possible benefits to the Town and an evaluation of the potential impacts to the
environment and to the community and its residents, as well as impacts to the individual
neighbourhood and area where the use is proposed to be located. Prohibited uses are land use
activities that are explicitly not permitted within an individual zone category. Any use that is not
listed is deemed to be not allowed by the Development Regulations.
Additional requirements applicable for each zone category may be referenced within Regulation
5.0 Use Regulations, Regulation 6.0 Basic Provisions, Regulation 7.0 General Regulations ,
Regulation 8.0 Subdivision of Land , Regulation 9.0 Environmental Protection , Regulation 10.0
Fences and Landscaping , Regulation 11.0 Off Street Parking Requirements, Regulation 12.0 Off
Street Loading Requirements, Regulation 13.0 Signs and Advertisements, Regulation 14.0 Home
Based Businesses, Regulation 15.0 Subsidiary Apartments, Regulation 16.0 Contractor Yards, and
Regulation 17.0 Commercial Kennels, of Part 2 of the Development Regulations.
For specific land uses for intensive residential, multi-unit residential, commercial, industrial,
comprehensive development area and public uses, reference should be further made to the
Development Design Guidelines of Part 4 of the Development Regulations.
136
137
18.0 RURAL ZONE (RU)
18.1 ZONE INTENT
The intent of the Rural Zone is to provide for a land use framework to manage and regulate
agricultural activity, seasonal and large lot residential uses, conservation and recreation and
open space lands, and proposals for discretionary approval for resource land uses that are
located within the more geographically detached and outlying rural areas of the municipality.
18.2 SERVICING
There are no Town services of sanitary sewer or water required for RUR zoned properties but
any proposed residential or other use thereon at time of application for building permit will
require Provincial approval for septic effluent disposal and a proof of a potable water supply of
sufficient quantity and quality.
18.3 USES OF LAND
Permitted Uses
-
Agriculture (subject to the provisions of Regulation 18.4 (2) (3) Conditions of Use)
-
Assembly
-
Cemetery
-
Conservation
-
Forestry (subject to the provisions of Regulation 18.4 (4) Conditions of Use)
-
Hobby Farm
-
Home Business
-
Recreation and Open Space
-
Seasonal Residential
-
Mineral Working (subject to Regulation 18.4 (5) Conditions of Use)
Accessory Uses
-
Accessory Building (subject to Regulation 7.5 Accessory Buildings and Structures)
-
Produce Sales
-
Unenclosed Storage
138
Discretionary Use
-
Commercial Kennel
-
Mineral exploration
-
Mineral exploration-development
18.4
CONDITIONS OF USE
1. The following land uses shall only be permitted on property with an area size greater than
the following minimum sizes:
-
Seasonal Residential - 0.4 ha;
-
Forestry and Mineral Working - 8 ha;
2. Agricultural uses are to be in conformance with the regulations, requirements, licensing and
guidelines of the Land Resources Stewardship Division. Any developments proposed within
the Agricultural Development Area designated under the Lands Act, 1991 and shown as an
overlay on the Land Use Zoning map shall be referred to the Land Resources Stewardship
Division. Only commercial Agriculture development will be allowed in areas identified as
Agricultural Operations on the Land Use Zoning map.
3. New Agricultural Use activities and structures within Grand Falls-Windsor's rural areas,
including barns for livestock, manure management and other related farm practices shall
comply with the provisions of the Land Resources Stewardship Division, and further,
maintain the following minimum setback distances:
-
Where a barn is defined as a structure designed to contain more than five animal units,
the barn shall be sited a minimum of 60 m from property line and from the nearest
watercourse , wetland or well water source, 90 m from the centre line of the most
adjacent street and 600 m from the nearest residential use, except for a farm residence,
and 600 m from an area designated for future residential use.
-
Manure storage setbacks will be dependent on the type of storage, where if stored
within a concrete or synthetic enclosure, the minimum setback distance shall be 60 m
from a watercourse, wetland or well water source, and all other manure storage types
shall be setback a minimum distance of 100 m from a watercourse, wetland or well
water source.
4. Forest Resources:
a. Forestry proposals shall provide to the Authority a Professional Forester's report on
proposed site areas proposed to be harvested, the amount of timber proposed to
be removed, the proposed timeframe for the resource extraction activity, any
secondary grading or processing activity to take place, visual screens and buffers to
139
nearby and further distance public views, setback distances to adjacent land uses,
proposed access roads and volume of off-site truck traffic to result from the use,
and the manner in which the proposed forestry operation adheres to best
management practices for the environment and forestry operations. The proposal
shall also provide an environmental assessment report, prepared by a Professional
Biologist, that comprehensively addresses all and any possible impacts to
Environmentally Sensitive Areas, protected flora and endangered species, and
provides case specific recommendations to address any potential impacts. A tree
replanting scheme and financial guarantee to ensure its implementation shall
further be submitted to address site reclamation. The proposal submission shall also
provide for the Permit requirements of the Mineral Lands Division. Upon receipt of
the outlined information, and any other requirements deemed necessary, The
Authority may consider the approval and issuance of a Development Permit.
b. Forest activities approved under the Forest Management Plan, including both
commercial and domestic harvesting and forest management activities, such as
silviculture will be permitted in the Grand Falls-Windsor planning area.
5. Industrial Resource proposals for both short term and longer term Mineral Workings shall
identify and submit to the Authority a Professional Engineer's report on the proposed site
boundary area to be developed and mined, how the site will be accessed, the resource
operation, equipment and employment details, the commencement and working life of the
proposed resource activity, a comprehensive Site Reclamation Plan and address issues to
the satisfaction of Town Council related to the following:
-
Professionally prepared surveyed site plan identifying existing topography, the
location of on-site and adjacent water bodies, treed area locations and proposed
development site area that illustrates the precise location of the mining extraction
operation, related equipment, site access and other proposed improvements;
-
Proposed treed or other vegetation screening of a minimum 40 m to provide an
effective visual buffer from adjacent roadways and adjacent land uses, and
proposed future land uses, except for forestry and agriculture uses. Where a
comprehensive visual screen cannot be accomplished within a 40 m setback, the
setback shall be increased at the discretion of the Authority;
-
Fencing and enclosure provisions for the mineral working site or the excavated area
of a pit or quarry to provide for a minimum of a 1.8 m high fence taking into
consideration the sight line requirements of 7.2;
-
Environmental assessment report and recommendations prepared by a professional
and accredited biologist or similar professional, addressing the integrity of the
140
proposed site layout of the mineral working operation, the use of water as part of
any operational processes, the location of access roads and their impact to the
natural environment, operational management approaches to address potential
site erosion risks, extent of tree cutting and proposed site reclamation tree planting,
operational noise levels and abatement measures to address possible noise
nuisance issues, and the mineral working operation's overall short and longer effect
on local area aquifers, watercourses, wetlands and other environmentally sensitive
area features, and remedial measures to address any or all of these issues;
-
Any proposed processing and manufacturing activity related to the resource
extraction, proposed buildings to be erected and other site improvements;
-
Fire safety measures;
-
The estimated amount of mined ore, sand or gravel to be removed from the mineral
working, and the projected number of trucks per day and per year on local streets
that will result from proposed operation. The Authority may require that off-site
road improvements be made at the cessation of the mineral working operation as a
result of the cumulative impact of truck use on local roads;
-
The proposed lease permit timeframe for the operation from the Mineral Lands
Division and an identification of provincial requirements for the Permit approval;
-
Schedule of ongoing regularly scheduled site inspections by a Professional Engineer
to report and verify operator's adherence with the Authority's requirements and
conditions for site development and mineral working operation;
-
Provision of a financial guarantee in the form of a performance bond or
unconditional letter of credit or other form acceptable to the Authority based upon
the greater of $5,000.per hectare, prorated on the basis of area to a minimum of
$2,000., or an amount required to restore, landscape and reclaim the site to the
satisfaction of the Authority upon cessation of the quarry or mining operation. The
financial guarantee shall only be returned after all site Development Permit
requirements have been addressed and the Site Reclamation Plan has been
completed, as endorsed by a Professional Engineer; and,
-
Upon satisfactorily addressing the entirety of issues identified by the Authority, and
any other additional issues that may be identified during the course of review of the
mineral working proposal submission, the Authority may consider the issuance of a
Development Permit, with an accompanying fee, for a minimum one-year duration
with potential extensions based upon conformance to the requirements of the
Development Permit.
6. No Industrial Resource uses of forestry, mineral workings and other extraction activities
shall be considered for those lands located on the south side of the Exploits River so as to
141
maintain a high level of natural visual aesthetics and views-capes from the north side of the
Exploits River.
7. A Hobby Farm will be a Permitted Use farm with a 2 ha minimum lot size.
18.5 OTHER DEVELOPMENT STANDARDS
Requirements for lot configuration, lot dimensions and for site development considerations
such as building setbacks to property lines and building height for all other land uses of the RUR
zone shall be determined by the Authority on a case by case basis with regard to the rural
character of the area, the development standards of the uses in other zones and upon
submission of a development proposal.
142
143
19.0 RURAL RESIDENTIAL ZONE (RR-1)
19.1 ZONE INTENT
The purpose of the RR-1 zone is to provide for a larger lot residential property and
accompanying lifestyle, both within a suburban and a more rural setting.
19.2 SERVICING
All RR-1 zoned properties are to be serviced with municipal water and provided with provincial
approval for septic effluent disposal from Service NL.
19.3 USES OF LAND
Permitted Uses
-
Single Family Residential (limited to one residential building per lot)
-
Residential Care (subject to Regulation 19.4 (1) Conditions of Use)
-
Home Business- beauty parlours only
Accessory Uses
-
Accessory Building (subject to Regulation 7.5 Accessory Buildings and Structures)
-
Boarding
-
Dog Kennel (which is not a Commercial Kennel) (subject to Regulation 19.4 (2) Conditions of
Use)
-
Enclosed Storage
-
Greenhouse (subject to Regulation 19.4 (3) Conditions of Use)
-
Home Based Businesses-except for Bed & Breakfast and Childcare which are Discretionary
uses)
-
Produce Sales
-
Subsidiary Residential Apartment
-
Suburban Ancillary Uses (subject to Regulation 19.4 (4) Conditions of Use)
-
Unenclosed Storage
Discretionary Uses
-
Commercial Kennel (subject to Regulation 19.4 (5) Conditions of Use)
-
Home Based Business Bed and Breakfast and Childcare
-
Keeping of Animals
-
Mineral exploration
-
Short-Term Rental (subject to Regulation 14.12)
-
Sawmill, Domestic (subject to Regulation 19.4.(6) Conditions of Use)
144
19.4 CONDITIONS OF USE
1. Only one of Residential Care, Boarding or Bed and Breakfast use shall be permitted;
2. Dog Kennel use is a kennel for a dog or dogs which is/are pets of the owner of the property
and it shall only be permitted on a lot with an area size of 1.2 ha or larger;
3. Greenhouse Use shall be limited to a maximum building area size of 25 m;
4. Suburban Ancillary Uses shall be limited to the following:
-
Gardening and recreational activities;
-
Household storage and maintenance of buildings and yard areas;
-
The keeping of pets not exceeding 5 in number, provided no more than 3 are of any one
species;
-
The off-street parking of licensed motor vehicles in association with the residential use
of the lot;
-
The parking of no more than one unlicensed motor vehicle unless completely contained
within an enclosed building;
-
Subject to the preceding provision, the repair and restoration of motor vehicles owned
by a resident of the property; and,
-
The off street parking of no more than one vehicle having a gross vehicle weight in
excess of 5,000 kg on a property with a lot area size of 1.2 ha or larger, and provided
such vehicle is not a commercial trailer or vehicle used for the hauling of solid waste,
sewage, or hazardous materials.
5. Commercial Kennel shall only be considered on a lot with an area size of 2 ha or larger, and
where a site and building plan depicting kennel structure and dog run layout, separation
distances to adjacent properties and noise abatement measures is submitted to the
Authority for consideration.
6. The conditions regarding domestic sawmills are as follows:
a. Minimum lot size for domestic sawmill is 770m2;
b. Minimum distance from any dwelling is 5 m;
c. Applicant must reside on the property and must provide evidence of cutting permit
issued in the name of the resident proof of residence at this address;
d. Permits and fees require annual renewal with confirmation of cutting permit from
Government of Newfoundland and Labrador
e. The application must set out technical details of sawmill to be used;
f. Motor size is not to exceed 10 hp;
g. Must adhere to noise regulations established by the Town of Grand Falls-Windsor;
h. Sawmills cannot be operated beyond the property boundary of that of which the permit
is issued
i.
Resident is producing product for personal use only and resale is limited to what is
allowed under Provincial Government regulations
145
19.5 MINIMUM LOT AREA
Except for such lots that existed at the time of Registration of these Development Regulations,
the minimum lot area size for all newly created properties through subdivision within the RR-1
zone, and for properties making application for rezoning to RR-1 shall be 0.4 ha; however, for
infill purposes, where adjacent development restricts the option of acquiring enough land to
meet the 0.4 ha requirement, such infill lots must meet the minimum requirements of Service
NL for the provision of onsite services: 1860 m2 where onsite water and sewer are required and
1400 m2 where only one onsite service is required.
19.6 LOT COVERAGE
All buildings and structures shall together cover not more than 40% of the lot area.
19.7 MINIMUM BUILDING FOOTPRINT
The principal building shall have a minimum building footprint area of 110.0 m2.
19.8 MINIMUM LOT FRONTAGE
Lots within the RR-1 zone that have one service - water and onsite sewer shall have a minimum
frontage of 23 m (see 19.2).
19.9 MINIMUM LOT DEPTH
The minimum depth for the lot from the front to rear lot line shall be 60 m, with the minimum
rear yard depth to be not less than 15m.
19.10 BUILDING SETBACKS TO PROPERTY LINES
-
Principal Single Family Residential buildings in the RR-1 Zone shall maintain setbacks to
property lines and to a building line as follows:
o A minimum of 10 m from either the front property line or the building line for
properties 0.6 ha and less in lot area size, and a minimum of 15 m from the front lot
line or building line for all properties greater than 0.6 ha in lot area size;
o A minimum of 15 m from the rear property line;
o A minimum of 6 m from an exterior lot line;
146
o A minimum of 4 m from an interior lot line, except that the residential dwelling on
the adjacent lot shall be no closer than 8 m to their common side lot line when one
lot uses this minimum setback; and,
-
All other buildings and accessory buildings and structures shall be sited in conformance with
the provisions of Regulation 7.5 Accessory Building and Structure Regulations.
19.11 HEIGHT OF BUILDINGS
-
Buildings used for residential use shall have a maximum height of 10 m; and,
-
All other accessory and other buildings and structures shall have a maximum height as
outlined in Regulation 7.5 Accessory Building and Structure Regulations.
19.12 LANDSCAPING
All single family residential dwellings shall provide for a landscaped and well-maintained
property area, with a focus of the front yard area facing public view, and may include grassed
areas, flowering plants, shrubbery, installation of street tree plantings at 5 m spacing and/ or
other landscape treatments.
For new developments, existing trees should be retained in the property sideyards for the
purposes of protecting privacy between homes.
19.13 OFF STREET PARKING
Off Street Parking shall be provided and maintained in accordance with the requirements of
Regulation 11.0 Off Street Parking Requirements of these Development Regulations.
19.14 IMPERVIOUS SURFACES
-
All RR-1 zoned residential lots shall have no more than 50% of their lot area covered with
impervious surfaces of building rooftops, paved driveways, patio areas and other hard
surfaces.
147
20.0 RESIDENTIAL MOBILE HOME PARK ZONE (RMHP)
20.1
ZONE INTENT
The intent of the RMHP zone is to provide, through rezoning, for a more affordable housing
alternative in the form of a mobile home park containing a minimum of 20 and a maximum of 60
mobile homes.
20.2 SERVICING
A Mobile Home Park is to be serviced by municipal water and sanitary sewer service, with off-
site servicing deficiencies to be provided by the Mobile Home Park owner/developer. Where
sanitary sewer service is not available, a common system consisting of an engineered alternative
sewage treatment plant may be considered by the Authority on the basis the alternative sewage
system meets provincial standards of Services NL, the Mobile Home Park owner provides for an
ongoing maintenance program and provides the Authority with a Letter of Credit in an amount
equal to the capital replacement cost of the alternative treatment system. A Mobile Home Park
shall further provide for a storm water management plan for the Authority's review and
consideration of approval. All access and internal roads of the site shall be paved.
20.3 USES OF LAND
Permitted Uses
-
Mobile Home Park (subject to the provisions of Regulation 20.4 (1 to 4) Conditions of Use)
Accessory Uses
-
Accessory Building (subject to Regulation 7.5 Accessory Buildings and Structures)
-
Enclosed Storage
-
Home Based Business (subject to Regulation 20.4 (5), Conditions of Use)
-
Indoor Amenity Space
-
Off Street Parking
-
Outdoor Amenity Space
Discretionary Uses
-
Convenience Store
148
20.4
CONDITIONS OF USE
1. The density for a Mobile Home Park shall not exceed 20 dwelling units per hectare of site
area;
2. Mobile Home Park developments must be strata titled (land condominium under the
Condominium Act, 2009), and costs for site servicing and maintenance for water, sewer,
storm drainage, roads, street lights, refuse collection and disposal, snow clearing and similar
are the responsibility of the Park.
3. The minimum parcel size for each mobile home strata site shall be 335 m2 with a minimum
frontage to an internal road of 12 m;
4. As part of rezoning consideration by the Authority, the Mobile Home Park applicant shall
provide a site layout, access and circulation, amenity area and servicing plan of the
proposed Mobile Home Park; and
5. Home Based Business uses shall be limited to the uses in Regulation 14.2 (1), (3), (10) and
(11).
20.5
MINIMUM LOT AREA
A Mobile Home Park shall not be permitted on a lot less than 2 ha.
20.6
SETBACKS TO PROPERTY LINES
All buildings, structures and mobile homes shall be sited in accordance with the following
minimum setbacks:
1. A principal building on the property, such as an existing single family home retained as the
administrative office or similar use, or a new administrative building, and a Convenience
Store use, where permitted, shall be sited a minimum of 6 m from all lot lines;
2. Mobile Homes shall be sited 6 m from the front and rear strata site boundaries, 1.5 m from
an interior side boundary and 4.5 m from an exterior side boundary; and,
3. Accessory buildings and structures shall be sited not less than 6 m from the front strata site
boundary, 1.5 m from the rear and interior boundary and 4.5 m from an exterior side
boundary.
20.7 HEIGHT
1. The height of a principal building and Convenience Store shall not exceed a height of 7.5 m;
2. The height of a mobile home shall not exceed 4.5 m;
3. The height of an Indoor Amenity Building shall not exceed 10 m; and,
4. The height of all accessory buildings and all structures shall not exceed 4.5m.
149
20.8
INDOOR AMENITY SPACE
Mobile Home Parks shall provide for an Indoor Amenity Space at a rate of at least 2.8 m2 per
unit.
20.9 OUTDOOR AMENITY SPACE
Outdoor Amenity Space shall be provided for all Mobile Home Parks at a rate of at least 7.0 m2
per unit, and such area shall be useable with a slope less than 5% and a level children's play area
with play equipment shall be provided.
20.10 LANDSCAPING
Landscape treatment for the Mobile Home Park shall be provided in detail on the site plan
submission, and shall include the following minimum requirements:
1. The front entry to the site shall provide for an entrance sign and prominent landscape
feature;
2. The primary access road into the site shall provide for street tree plantings at a 9 m spacing
on both sides of the road;
3. The principal building on the site, a Convenience Store where permitted and the Indoor
Amenity building shall provide for landscaping; and,
4. The Outdoor Amenity Space area shall be landscaped.
20.11 OFF STREET PARKING
Off Street Parking shall be provided in accordance with Regulation 11 of these Development
Regulations.
150
151
21.0 SINGLE UNIT COMPACT RESIDENTIAL ZONE (RS-1)
21.1 ZONE INTENT
The intent of the RS-1 zone is to provide for intensive use of the limited serviced urban land
supply through rezoning and infill subdivision of compact lots and development of one Single
Family Residential dwelling on a 465 m2 lot on the basis of design guideline management.
21.2 SERVICING
All new residential development within the RS-1zone shall be fully serviced by the developer
with urban infrastructure of Town water, sanitary sewer, paved roads, storm water
management and other services as required by the Authority. Rezoning applicants for the RS
zones shall provide for deficient off-site services as required by the Authority.
Servicing capacity to provide for the increased density of a subsidiary apartment shall be
determined at time of building permit. If required by the Authority, additional annual service
levy fees for water, sewer and refuse collection shall apply to the subsidiary apartment.
21.3 USES OF LAND
Permitted Uses
-
Single Family Residential
Accessory Uses
-
Accessory Building (subject to Regulation 7.5 Accessory Buildings and Structures)
-
Enclosed Storage
-
Home Based Business (subject to Regulation 21.4(1) Conditions of Use)
-
Boarding (subject to Regulation 21.4(2) Conditions of Use)
-
Garage
-
Off Street Parking
-
Unenclosed Storage
-
Urban Ancillary Uses
-
Subsidiary Apartment (subject to the provisions of Regulation 15.0, Subsidiary Apartments)
152
Discretionary Uses
-
Home Based Businesses for Bed and Breakfast
-
Home Based Business for beauty salons, hair stylists, barbers, massage services and tanning
salons (Refer to 14.1)
-
Home Based Business for Child Care Centre (subject to Regulation 21.4 (4) Conditions of
Use)
-
Residential Care Use (subject to Regulation 21.4(3) Conditions of Use)
-
Tiny home (subject to Regulation 21.4(4) Conditions of Use)
-
Little home ((subject to Regulation 21.4() Conditions of Use)
-
Short Term Rental (Subject to Regulation 14.12)
21.4 CONDITIONS OF USE
1. Home Based Businesses are permitted as accessory uses as approved by the Authority,
except for those Home-Based Business uses identified as Discretionary Uses.
2. There shall only be one of either a Boarding use, a Residential Care use, or a Bed and
Breakfast use where approved, permitted within any RS zone residential use; and,
3. Child Care Centre use shall only be considered on residential lots that are greater than 558
m2 in area size.
4. Residential Tiny house and Residential Little house are only allowed on Confined lots, and
the Confined lot only standards can only be applied, subject to the following requirements:
a.
the type, scale, massing, and design of the development is generally
appropriate to the neighbourhood;
b.
consideration of side/back/front yards for public safety requirements;
c.
adequate provision is made for light, privacy, and amenity; and,
d.
proposals shall be consistent with adjacent development and not
compromise public safety, neighbouring services, or the general amenity
of the area; and,
e.
the adjacent property owners have been consulted
153
21.5
RS-1 Zone and Building Development Standards Requirements
All RS-1 lots created through subdivision and all Single-Family Residential homes built thereon
shall comply with the following minimum requirements:
RS-1 Development Standard
RS-1 Development
Standard
Confined lot only
standard
Minimum
Minimum Lot Area
465 m2
465 m2
Minimum Lot Frontage
16 m
16 m
Minimum Lot Depth
25 m
25 m
Minimum Setback from Front Lot Line
5 m or 5.5 m (for staggered
building line setback)
5 m or 5.5 m (for staggered
building line setback)
Minimum Setback from Rear Lot Line
7 m
3 m
Minimum Setback from Interior Side Lot Line
1.25 m and 3 m (alternating
to ensure a min. 4 m
between buildings
3
Minimum Setback from Exterior Side Lot Line
3.75 m
7 m
Minimum Building Footprint
84.0 m2
84.0 m2
Maximum
Maximum Height of Building
11 m
11 m
Maximum Lot Coverage
40 % of the lot area
40 % of the lot area
Confined Residential Lot Development Standards
Development Standard
Tiny homes
Little homes
Minimum
Lot Area (m2)
150
300
Building Footprint (m)
<50
51-79
Lot Frontage (m)
7.5
11.75
Lot Depth (m)
22
22
Setback from Front Lot Line (m)
5
5
Setback from Rear Lot Line (m)
6
6
Setback from Interior Side Lot Line (m)
(refer to 7.1.5)
1 m & 3 m
1 m & 3 m
Setback from Exterior Side Lot Line (m)
3
3
Maximum
Height of Building (m)
8
8
154
21.6 NUMBER OF RESIDENTIAL BUILDINGS
Buildings for a Single Family Residential use shall be limited to one per lot.
21.7
RS-1 SITE DESIGN
Site and house design for new compact lots of the RS-1 zone shall be in accordance with the
guidelines identified within Part 4 Development Design Guidelines of these Development
Regulations. Application for Development Design review and approval is required.
21.8
PROPERTY LANDSCAPING
The homeowner of a Single Family Residential use within the RS-1 Zone shall provide for the
following landscape elements:
1. The front yard area shall be landscaped as follows:
a. Heavy undergrowth shall be eliminated from the yard so as to be consistent with
the surrounding environment.
b. A yard shall be cultivated or protected by ground cover which prevents the erosion
of the soil.
c. A tree or other plant, or limb or branch of it, that is dead, diseased, decayed or
damaged shall be removed from the property or otherwise pruned to remove the
dead, diseased, dying or dangerous portions of the tree or plant so as to prevent an
unsafe condition or damage.
d. Front lawns shall be kept trimmed and not be overgrown in a wild state or in an
unsightly condition or appear out of character with the front yards on the same
street; for example, if lawns are mowed, trees and shrubs are trimmed neatly, then
a comparable standard is expected of neighbouring properties.
e. All hedges, shrubs, trees or other plants shall be planted and maintained in a
manner that does not,
f. adversely affect the safety of the public;
g. adversely affect the safety of vehicular or pedestrian traffic;
h. constitute an obstruction of view for vehicular or pedestrian traffic, but this does
not prevent the erection of a hedge in the location that is 1 m (3 ft. 3 in.) or less in
height; or
i.
wholly or partially conceal or interfere with the use of any hydrant or water valves.
2. The front yard area, except for the driveway and garage, shall not be used for the parking of
vehicles;
155
3. New subdivision developments of more than 3 residential lots shall provide for street tree
planting, in a species as approved by the Authority, in the front yard area of each adjacent
lot at tree spacing intervals of every 9 m.
21.9 URBAN ANCILLARY USES
Urban Ancillary uses within the RS-1 zone shall be limited to the following:
1. Gardening, social and recreational activities;
2. Household storage and maintenance of buildings and yards;
3. The keeping of pets not exceeding 5 in number, provided no more than 3 are of any one
species;
4. The off-street parking of licensed vehicles in association with the residential uses of the
property and with the offsite recreational pursuits of the residents of the property;
5. The parking of no more than one unlicensed motor vehicle unless completely enclosed
within a building;
6. Subject to 4 and 5 above, the repair and restoration of motor vehicles owned by a resident
of the property.
21.10 OFF STREET PARKING
1. All driveways and parking areas shall be paved or otherwise provided with a durable and
dust free surface; and
2. Regulation 11.0 of these Development Regulations shall apply.
21.11 IMPERVIOUS SURFACES
-
All RS-1 zoned residential lots shall have no more than 50% of their lot area covered with
impervious surfaces of building rooftops, paved driveways, patio areas and other hard
surfaces.
-
Site and building design for RS-1 zoned lots shall provide, where feasible, for permeable
surface treatments so as to promote greater groundwater absorption and less site drainage
runoff.
156
157
22.0 SINGLE UNIT SMALL LOT RESIDENTIAL ZONE (RS-2)
22.1
ZONE INTENT
The intent of the RS-2 zone is to provide for the efficient use of the serviced urban land supply
to provide one Single Family Residential home through subdivision development of minimum
550 m2 residential lots; but also allowing for smaller lots such as tiny lots, little lots, RS-1-
Compact lots and restricted lot development (note strict definition of restricted lot).
22.2
SERVICING
All new development within the RS-2 zone shall be fully serviced by the subdivision developer or
rezoning applicant with full urban infrastructure of Town water, sanitary sewer, paved roads
with sidewalks as required, storm water management and other services as required by the
Authority.
Servicing capacity to provide for the increased density of a subsidiary apartment shall be
determined at time of building permit. If required by the Authority, additional annual service
levy fees for water, sewer and refuse collection shall apply to the subsidiary apartment.
22.3 USES OF LAND
Permitted Uses
-
Single Family Residential (subject to Regulation 22.4 (4) Conditions of Use)
Accessory Uses
-
Accessory Building (subject to Regulation 7.5 Accessory Buildings and Structures)
-
Boarding (subject to the provisions of Regulation 22.4 (2) Conditions of Use)
-
Enclosed Storage
-
Home Based Business except those listed as a Discretionary use (subject to the Discretionary
Uses of Regulation 22.4.1)
-
Garage
-
Off Street Parking
-
Subsidiary Apartment (subject to the provisions of Regulation 15.0, Subsidiary Apartments)
-
Unenclosed Storage
-
Urban Ancillary Uses
158
Discretionary Uses
-
Home Based Businesses for Bed and Breakfast (Subject to Regulation 22.4.2)
-
Home Based Business for beauty salons, hair stylists, barbers, massage services and tanning
salons (refer to 14.4)
-
Home Based Business for Child Care Centre (subject to Regulation 22.4 3) Conditions of Use)
-
Residential Care Use (subject to Regulation 22.4(2) Conditions of Use)
-
Short-Term Rental (subject to Regulation 14.12)
-
Tiny home (Subject to Regulation 22.4.4 Conditions of Use)
-
Little home (Subject to Regulation 22.4.4 Conditions of Use)
-
Sawmill, domestic (subject to Regulation 22.4 (5) Conditions of Use)
22.4 CONDITIONS OF USE
1. Home Based Businesses are permitted as accessory uses as approved by the Authority,
except for those Home-Based Business uses identified as Discretionary Uses.
2. There shall only be one of either a Boarding use, a Residential Care use, or a Bed and
Breakfast use where approved, permitted with a residential use; and,
3. Child Care Centre use shall only be considered on residential lots that are greater than 550
m2 in area size.
4. Residential Tiny house and Residential Little house are only allowed on Confined lots, and
the Confined lot only standard can only be applied subject to the following requirements:
a. the type, scale, massing, and design of the development is generally appropriate to
the neighbourhood;
b. consideration of side/back/front yards for public safety requirements;
c. adequate provision is made for light, privacy, and amenity; and,
d. proposals shall be consistent with adjacent development and not compromise
public safety, neighbouring services, or the general amenity of the area; and,
e. the adjacent property owners have been consulted.
5. The conditions regarding domestic sawmills are as follows:
a. Minimum lot size for domestic sawmill is 770m2;
b. Minimum distance from any dwelling is 5 m;
c. Applicant must reside on the property and must provide evidence of cutting permit
issued in the name of the resident proof of residence at this address;
d. Permits and fees require annual renewal with confirmation of cutting permit from
Government of Newfoundland and Labrador
e. The application must set out technical details of sawmill to be used;
f. Motor size is not to exceed 10 hp;
g. Must adhere to noise regulations established by the Town of Grand Falls-Windsor;
159
h. Sawmills cannot be operated beyond the property boundary of that of which the permit
is issued;
i.
Resident is producing product for personal use only and resale is limited to what is
allowed under Provincial Government regulations;
22.5 RS-2 ZONE AND BUILDING DEVELOPMENT STANDARDS
REQUIREMENTS
All RS-2 lots created through subdivision and all Single-Family Residential homes built thereon
shall comply with the following requirements for RS-2:
RS-2 Development Standard
Requirements
Discretionary Use requirements
For Confined Residential lots only
RS-2 Single Family
Residential
Tiny homes
Little homes
RS-1 Compact
MINIMUM
Lot Area (m2)
550
150
300
465
Building Footprint (m)
93
<50
51-79
80
Lot Frontage (m)
18
7.5
11.75
16
Lot Depth (m)
30
22
22
-
Setback from Front Lot Line (m)
6 or 5.5
5
5
5
Setback from Rear Lot Line (m)
7.5
6
6
3
Setback from Interior Side Lot Line (m)
(refer to 7.1.5)
1.50 and 3
1m & 3 m
1m & 3 m
3
Setback from Exterior Side Lot Line (m)
3.75
3
7
MAXIMUM
Height of Building (m)
11
8
8
11
Lot Coverage (%)
40%
n/a
n/a
40%
22.6
NUMBER OF RESIDENTIAL BUILDINGS
Buildings for a Single Family Residential use shall be limited to one per lot.
22.7
PROPERTY LANDSCAPING
1. The homeowner of a Single Family Residential use within the RS-2 Zone shall provide for the
following landscape elements:
-
The front yard area landscaped and maintained as follows:
160
a. Heavy undergrowth shall be eliminated from the yard so as to be consistent
with the surrounding environment.
b. A yard shall be cultivated or protected by ground cover which prevents the
erosion of the soil.
c. A tree or other plant, or limb or branch of it, that is dead, diseased, decayed or
damaged shall be removed from the property or otherwise pruned to remove
the dead, diseased, dying or dangerous portions of the tree or plant so as to
prevent an unsafe condition or damage.
d. Front lawns shall be kept trimmed and not be overgrown in a wild state or in an
unsightly condition or appear out of character with the front yards on the same
street; for example, if lawns are mowed, trees and shrubs are trimmed neatly,
then a comparable standard is expected of neighbouring properties.
e. All hedges, shrubs, trees or other plants shall be planted and maintained in a
manner that does not,
i. adversely affect the safety of the public;
ii. adversely affect the safety of vehicular or pedestrian traffic;
iii. constitute an obstruction of view for vehicular or pedestrian traffic, but
this does not prevent the erection of a hedge in the location that is 1 m
(3 ft. 3 in.) or less in height; or
iv. wholly or partially conceal or interfere with the use of any hydrant or
water valves.
-
The front yard area, except for the driveway and garage, shall not be used for the
parking of vehicles;
-
New subdivision developments of more than 3 residential lots shall provide for street
tree planting, in a species as approved by the Authority, in the front yard area of each
adjacent lot at tree spacing intervals of every 9 m.
22.8 URBAN ANCILLARY USES
Urban Ancillary uses within the RS-2 zone shall be limited to the following:
-
Gardening, social and recreational activities;
-
Household storage and maintenance of buildings and yards;
-
The keeping of pets not exceeding 5 in number, provided no more than 3 are of any one
species;
-
The off-street parking of licensed vehicles in association with the residential uses of the
property and with the offsite recreational pursuits of the residents of the property;
161
-
The parking of no more than one unlicensed motor vehicle unless completely enclosed
within a building;
-
Subject to 4 and 5 above, the repair and restoration of motor vehicles owned by a
resident of the property.'
22.9
OFF STREET PARKING
1. All driveways and parking areas shall be paved or otherwise provided with a durable and
dust free surface; and
2. Regulation 11.0 Off Street Parking Requirements of these Development Regulations shall
apply.
22.10 IMPERVIOUS SURFACES
-
All RS-2 zoned residential lots shall have no more than 50% of their lot area covered with
impervious surfaces of building rooftops, paved driveways, patio areas and other hard
surfaces.
-
Site and building design for RS-2 zoned lots shall provide, where feasible, for permeable
surface treatments so as to promote greater groundwater absorption and less site drainage
runoff.
162
163
23.0 SINGLE UNIT URBAN RESIDENTIAL ZONE (RS-3)
23.1 ZONE INTENT
The intent of the RS-3 zone is to provide for the varied use of the serviced urban land supply to
provide for one Single Family Residential home through subdivision development of larger 770
m2 residential lots.
23.2 SERVICING
All new development within the RS-3 zone shall be fully serviced by the subdivision developer or
rezoning applicant with full urban infrastructure of Town water, sanitary sewer, paved roads
with sidewalks as required, storm water management and other services as required by the
Authority.
Servicing capacity to provide for the increased density of a subsidiary apartment shall be
determined at time of building permit. If required by the Authority, additional annual service
levy fees for water, sewer and refuse collection shall apply to the subsidiary apartment.
23.3 USES OF LAND
Permitted Uses
-
Single Family Residential
Accessory Uses
-
Accessory Building (subject to Regulation 7.5 Accessory Buildings and Structures)
-
Boarding (subject to the provisions of Regulation 23.4 (2) Conditions of Use)
-
Enclosed Storage
-
Home Based Business except for those listed under Discretionary uses below (subject to the
Discretionary Uses limitations)
-
Garage
-
Off Street Parking
-
Subsidiary Apartment (subject to the provisions of Regulation 15.0, Subsidiary Apartments)
-
Unenclosed Storage
-
Urban Ancillary Uses
164
Discretionary Uses
-
Home Based Businesses for Bed and Breakfast
-
Home Based Business for beauty salons, hair stylists, barbers, massage services and tanning
salons (refer to 14.4)
-
Home Based Business for Child Care Centre
-
Residential Care Use (subject to Regulation 23.4 (2) Conditions of Use)
-
Short-Term Rental (subject to Regulation 14.12)
-
Tiny home (subject to Regulation 23.4 (3) Conditions of Use)
-
Little home (subject to Regulation 23.4 (3) Conditions of Use)
-
Sawmill, domestic (subject to Regulation 23.4 (4) Conditions of Use)
23.4
CONDITIONS OF USE
1. Home Based Businesses are permitted as accessory uses as approved by the Authority,
except for those Home-Based Business uses identified as Discretionary Uses.
2. There shall only be one of either a Boarding use, a Residential Care use, or a Bed and
Breakfast use permitted with a residential use;
3. Residential Tiny house and Residential Little house are only allowed on Confined lots, and
the Confined lot only standard can only be applied subject to the following requirements:
a.
the type, scale, massing, and design of the development is generally
appropriate to the neighbourhood;
b.
consideration of side/back/front yards for public safety requirements;
c.
adequate provision is made for light, privacy, and amenity;
d.
proposals shall be consistent with adjacent development and not
compromise public safety, neighbouring services, or the general amenity
of the area; and,
e.
the adjacent property owners have been consulted.
4. The conditions regarding domestic sawmills are as follows:
a. Minimum lot size for domestic sawmill is 770m2;
b. Minimum distance from any dwelling is 5 m;
c. Applicant must reside on the property and must provide evidence of cutting
permit issued in the name of the resident proof of residence at this address;
d. Permits and fees require annual renewal with confirmation of cutting permit
from Government of Newfoundland and Labrador
e. The application must set out technical details of sawmill to be used;
f. Motor size is not to exceed 10 hp;
g. Must adhere to noise regulations established by the Town of Grand Falls-
Windsor;
165
h. Sawmills cannot be operated beyond the property boundary of that of which
the permit is issued
i. Resident is producing product for personal use only and resale is limited to what
is allowed under Provincial Government regulations.
23.5 RS-3 ZONE AND BUILDING DEVELOPMENT STANDARDS
REQUIREMENTS
All RS-3 lots created through subdivision and all Single-Family Residential homes built thereon
shall comply with the following requirements; except for the consideration of Confined
Residential lots at the discretion of Council (see 23.4(3) above).
RS-3 Development Standard
Development Requirements
Requirements for Confined
Residential lots
RS-3 Single Family
Residential
Tiny
homes
Little
homes
RS-1
Compact
MINIMUM
Lot Area (m2)
770
150
300
465
Building Footprint (m)
110
<50
51-79
80
Lot Frontage (m)
18
7.5
11.75
16
Lot Depth (m)
30
22
22
-
Setback from Front Lot Line (m)
6 or 7 (staggered setback)
5
5
5
Setback from Rear Lot Line (m)
7.5
6
6
7
Setback from Interior Side Lot Line (m)
(refer to 7.1.5)
1.5 & 3
1 & 3
1 & 3
3
Setback from Exterior Side Lot Line (m)
3.75
3
3
7
MAXIMUM
Height of Building (m)
11
8
8
11
Lot Coverage (%)
40%
n/a
n/a
40%
23.6
NUMBER OF RESIDENTIAL BUILDINGS
Buildings for a Single Family Residential use shall be limited to one per lot.
23.7
PROPERTY LANDSCAPING
The homeowner of a Single-Family Residential use within the RS-3 Zone shall provide for the
following landscape elements:
1. The front yard area shall be landscaped and maintained as follows:
a) Heavy undergrowth shall be eliminated from the yard so as to be consistent with the
surrounding environment.
166
b) A yard shall be cultivated or protected by ground cover which prevents the erosion of
the soil.
c) A tree or other plant, or limb or branch of it, that is dead, diseased, decayed or damaged
shall be removed from the property or otherwise pruned to remove the dead, diseased,
dying or dangerous portions of the tree or plant so as to prevent an unsafe condition or
damage.
d) Front lawns shall be kept trimmed and not be overgrown in a wild state or in an
unsightly condition or appear out of character with the front yards on the same street;
for example, if lawns are mowed, trees and shrubs are trimmed neatly, then a
comparable standard is expected of neighbouring properties.
e) All hedges, shrubs, trees or other plants shall be planted and maintained in a manner
that does not,
f) adversely affect the safety of the public;
g) adversely affect the safety of vehicular or pedestrian traffic;
h) constitute an obstruction of view for vehicular or pedestrian traffic, but this does not
prevent the erection of a hedge in the location that is 1 m (3 ft. 3 in.) or less in height; or
i)
wholly or partially conceal or interfere with the use of any hydrant or water valves.
2. The front yard area, except for the driveway and garage, shall not be used for the parking of
vehicles;
3. New subdivision developments of more than 3 residential lots shall provide for street tree
planting, in a species as approved by the Authority, in the front yard area of each adjacent
lot at tree spacing intervals of every 9m.
23.8 URBAN ANCILLARY USES
Urban Ancillary uses within the RS-3 zone shall be limited to the following:
1. Gardening, social and recreational activities;
2. Household storage and maintenance of buildings and yards;
3. The keeping of pets not exceeding 5 in number, provided no more than 3 are of any one
species;
4. The off street parking of licensed vehicles in association with the residential uses of the
property and with the offsite recreational pursuits of the residents of the property;
5. The parking of no more than one unlicensed motor vehicle unless completely enclosed
within a building; and,
6. Subject to 4 and 5 above, the repair and restoration of motor vehicles owned by a resident
of the property.
167
23.9
OFF STREET PARKING
1. All driveways and parking areas shall be paved or otherwise provided with a durable and
dust free surface; and,
2. Regulation 11.0 Off Street Parking Requirements shall apply.
23.10 IMPERVIOUS SURFACES
-
All RS-3 lots shall have no more than 50% of their lot area covered with impervious surfaces
( building rooftops, paved driveways, patio areas or other hard surfaces).
-
Site and building design for RS-3 lots shall provide, where feasible, for permeable surface
treatments to promote greater groundwater absorption and less site drainage runoff.
168
169
24.0 SINGLE UNIT MIXED LOT RESIDENTIAL ZONE (RS-4)
24.1
ZONE INTENT
The intent of the RS-4 zone is to provide for a mixed lot size zone within the serviced urban area
to provide for a lot size choice of 550 m2 and 770 m2 in developing Single Family Residential
homes through Development Permit application for rezoning approval consideration and
subdivision development.
24.2
SERVICING
All new development within the RS-4 zone shall be fully serviced by the subdivision developer or
rezoning applicant with full urban infrastructure of Town water, sanitary sewer, paved roads
with sidewalks as required, storm water management and other services as required by the
Authority.
Servicing capacity to provide for the increased density of a subsidiary apartment shall be
determined at time of building permit. If required by the Authority, additional annual service
levy fees for water, sewer and refuse collection shall apply to the subsidiary apartment.
24.3 USES OF LAND
Permitted Uses
-
Single Family Residential
Accessory Uses
-
Accessory Building (subject to Regulation 7.5 Accessory Buildings and Structures)
-
Boarding (subject to the provisions of Regulation 24.4 (2) Conditions of Use)
-
Enclosed Storage
-
Home Based Business except those listed as Discretionary Uses
-
Garage
-
Off Street Parking
-
Subsidiary Apartment (subject to the provisions of Regulation 15.0, Subsidiary Apartments)
-
Unenclosed Storage
-
Urban Ancillary Uses
170
Discretionary Uses
-
Home Based Businesses for Bed and Breakfast
-
Home Based Business for beauty salons, hair stylists, barbers, massage services and tanning
salons
-
Home Based Business for Child Care Centre (subject to Regulation 24.4 (3) Conditions of
Use)
-
Residential Care Use (subject to Regulation 24.4(2) Conditions of Use)
-
Short-Term Rental (subject to Regulation 14.12)
-
Tiny home (subject to Regulation 24.4(4) Conditions of Use)
-
Little home (subject to Regulation 24.4(4) Conditions of Use)
24.4 CONDITIONS OF USE
1. Home Based Businesses are permitted as accessory uses as approved by the Authority,
except for those Home-Based Business uses identified as Discretionary Uses.
2. There shall only be one of either a Boarding use, a Residential Care use, or a Bed and
Breakfast use where approved, permitted with a residential use; and,
3. Child Care Centre use shall only be considered on residential lots that are greater than 550
m2 in area size.
4. Residential Tiny house and Residential Little house are only allowed on Confined lots, and
the Confined lot only standard can only be applied subject to the following requirements:
a. the type, scale, massing, and design of the development is generally appropriate to
the neighbourhood;
b. consideration of side/back/front yards for public safety requirements;
c. adequate provision is made for light, privacy, and amenity;
d. proposals shall be consistent with adjacent development and not compromise
public safety, neighbouring services, or the general amenity of the area; and,
e. the adjacent property owners have been consulted
171
24.5
RS-4 ZONE AND BUILDING DEVELOPMENT STANDARDS
REQUIREMENTS
All RS-4 lots created through subdivision and all Single-Family Residential homes built thereon
shall comply with the following RS-4 requirements; except for Residential Confined lots which
may be considered at the discretion of Council.
RS-4 Development Standard
Requirements
Development requirements
for Confined lots only
Single Family Residential
Tiny
homes
Little
homes
RS-1 Compact
MINIMUM
Lot Area (m2)
550 and 770*
150
300
465
Building Footprint (m)
110
<50
51-79
80
Lot Frontage (m)
18
7.5
11.75
16
Lot Depth (m)
30
22
22
-
Setback from Front Lot Line (m)
6 and 7
5
5
5
Setback from Rear Lot Line (m)
7.5
6
6
7
Setback from Interior Side Lot Line (m)
(refer to 7.1.5)
1.5 and 3
1 & 3
1 & 3
3
Setback from Exterior Side Lot Line (m)
3.75
3
7.5
MAXIMUM
Height of Building (m)
11
8
8
11
Lot Coverage (%)
40%
n/a
n/a
40%
*In the RS-4 Zone, a maximum of 30 % of the total lots may be 550 m2 and a minimum 70 % of
the total lots shall be 770 m2 in lot area size.
24.6
NUMBER OF RESIDENTIAL BUILDINGS
Buildings for a Single Family Residential use shall be limited to one per lot.
172
24.7 PROPERTY LANDSCAPING
The homeowner of a Single Family Residential use within the RS-4 Zone shall provide for the
following landscape elements:
1. The front yard area shall be landscaped and maintained as follows:
a. Heavy undergrowth shall be eliminated from the yard so as to be consistent with
the surrounding environment.
b. A yard shall be cultivated or protected by ground cover which prevents the erosion
of the soil.
c. A tree or other plant, or limb or branch of it, that is dead, diseased, decayed or
damaged shall be removed from the property or otherwise pruned to remove the
dead, diseased, dying or dangerous portions of the tree or plant so as to prevent an
unsafe condition or damage.
d. Front lawns shall be kept trimmed and not be overgrown in a wild state or in an
unsightly condition or appear out of character with the front yards on the same
street; for example, if lawns are mowed, trees and shrubs are trimmed neatly, then
a comparable standard is expected of neighbouring properties.
e. All hedges, shrubs, trees or other plants shall be planted and maintained in a
manner that does not,
f. adversely affect the safety of the public;
g. adversely affect the safety of vehicular or pedestrian traffic;
h. constitute an obstruction of view for vehicular or pedestrian traffic, but this does
not prevent the erection of a hedge in the location that is 1 m (3 ft. 3 in.) or less in
height; or
i.
wholly or partially conceal or interfere with the use of any hydrant or water valves.
2. The front yard area, except for the driveway and garage, shall not be used for the parking of
vehicles;
3. New subdivision developments of more than 3 residential lots shall provide for street tree
planting, in a species as approved by the Authority, in the front yard area of each adjacent
lot at tree spacing intervals of every 9 m.
24.8
URBAN ANCILLARY USES
Urban Ancillary uses within the RS-4 zone shall be limited to the following:
1. Gardening, social and recreational activities;
2. Household storage and maintenance of buildings and yards;
173
3. The keeping of pets not exceeding 5 in number, provided no more than 3 are of any one
species;
4. The off-street parking of licensed vehicles in association with the residential uses of the
property and with the offsite recreational pursuits of the residents of the property;
5. The parking of no more than one unlicensed motor vehicle unless completely enclosed
within a building;
6. Subject to 4 and 5 above, the repair and restoration of motor vehicles owned by a resident
of the property.
24.9
OFF STREET PARKING
1. All driveways and parking areas shall be paved or otherwise provided with a durable and
dust free surface; and
2. Regulation 11 Off Street Parking Requirements of these Development Regulations shall
apply.
24.10 IMPERVIOUS SURFACES
-
All RS-4 zoned residential lots shall have no more than 50% of their lot area covered with
impervious surfaces of building rooftops, paved driveways, patio areas and other hard
surfaces.
-
Site and building design for RS-4 zoned lots shall provide, where feasible, for permeable
surface treatments so as to promote greater groundwater absorption and less site drainage
runoff.
174
175
25.0 TWO UNIT URBAN RESIDENTIAL ZONE (RT)
25.1 ZONE INTENT
The intent of the RT zone is to provide for increased density and affordability within the Urban
Development Area through rezoning for an attached two dwelling unit, or duplex, residential
use that is built in general accordance with development design guidelines of Part 4 of the
Development Regulations.
25.2 SERVICING
All new residential development within the RT zone shall be fully serviced with Town water,
sanitary sewer, paved roads with sidewalks as required, storm water management and other
services as determined by the Authority.
25.3 USES OF LAND
Permitted Uses
-
Two Unit Residential
Accessory Uses
-
Accessory Building (subject to Regulation 7.5 Accessory Buildings and Structures)
-
Enclosed Storage
-
Home Based Businesses except those listed as Discretionary or Prohibited (subject to listed
limitations of Regulation 25.4 (1) Conditions of Use)
-
Garage
-
Off Street Parking Use
-
Unenclosed Storage
-
Urban Ancillary Uses
Discretionary Use
-
Only the following Home-Based Business for beauty salons, hair stylists, barbers, massage
services and tanning salons
-
Short Term Rental
176
Prohibited Uses
-
Boarding Use
-
Only the following Home-Based Business for Bed and Breakfast and for Child Care Centres
are prohibited
-
Residential Care
-
Subsidiary Residential Apartment
25.4
CONDITIONS OF USE
1. A Home-Based Business use for beauty salons, hair stylists, barbers, massage services and
tanning salons shall be a discretionary use;
2. Applicants for rezoning for a RT zone shall submit a site plan of the proposed development
as part of the Development Permit application for rezoning review and consideration by the
Authority;
3. No more than two duplex residential buildings may be sited on adjacent lots, except as part
of a RM zoned development;
4. Rental tenancy duplex and/or two unit buildings shall only be strata titled upon approval
from the Authority, and upon the Authority's consideration of the local rental vacancy rate
as established by the Canada Mortgage and Housing Corporation;
5. There shall be only one residential building per lot in the RT zone; and,
6. Development for new dwellings on RT lots shall be considered for review through the
Development Design Guidelines of Part 4 of the Development Regulations.
25.5 RT ZONE AND BUILDING DEVELOPMENT STANDARDS
REQUIREMENTS
Development Standard
Minimum Zone Requirement
Minimum Lot Area (m2)
790 m2
Minimum Lot Frontage (m)
22 m
Minimum Lot Depth (m)
33 m
Minimum Setback from Front Lot Line (m)
6 m
Minimum Setback from Rear Lot Line (m)
7.5 m
Minimum Setback from Interior Side Lot Line (m)
As per National Building Code
Minimum Setback from Exterior Side Lot Line (m)
3.75 m
Maximum Height of Building (m)
10 m
Maximum Lot Coverage (%)
40 % of the lot area
Minimum Building Footprint (m2)
140
177
25.6 ADDITIONAL REQUIREMENTS OF THE TWO UNIT RESIDENTIAL
BUILDING
1. Each dwelling unit shall have a minimum floor area size of 70.0 m2);
2. The dwelling units shall be located adjacent to each other and share a common wall
extending from the building foundation to the roof;
3. The façade design of the duplex building proposed shall be addressed in the rezoning
applicant's site plan submission, and shall focus on individual dwelling unit identity by
providing for limited massing of the front face of the building, attention to front door
entrance, porches, window trim and an attractive streetscape view; and,
4. A minimum of 30 m2 of private outdoor space shall be provided in the rear yard for each
dwelling unit.
25.7 RT SITE DESIGN
Site and house design for new duplex lots of the RT zone shall be in accordance with the
guidelines identified within Part 4 of these Development Regulations.
25.8 PROPERTY LANDSCAPING
1. As part of the site plan submission for rezoning to a RT zone, the applicant shall provide for
a landscape plan for the property, including the front and rear yard areas, with attention to
grassed areas, shrubbery and flowering plants;
2. At Council discretion, each dwelling unit may be required to provide for a street tree to be
planted in their front yard area; and,
3. Landscaping shall be maintained by the property owner.
25.9 URBAN ANCILLARY USES
Urban Ancillary uses within the RS-4 zone shall be limited to the following:
1. Gardening, social and recreational activities;
2. Household storage and maintenance of buildings and yards;
3. The keeping of pets not exceeding 5 in number, provided no more than 3 are of any one
species;
4. The off street parking of licensed vehicles in association with the residential uses of the
property and with the offsite recreational pursuits of the residents of the property;
5. The parking of no more than one unlicensed motor vehicle unless completely enclosed
within a building;
6. Subject to 4 and 5 above, the repair and restoration of motor vehicles owned by a resident
of the property.
178
25.10 OFF STREET PARKING
Off Street Parking Uses shall be in accordance with the provisions of Regulation 24.9 and
Regulation 11.0 Off Street Parking Requirements.
25.11 IMPERVIOUS SURFACES
-
All RT zoned residential lots shall have no more than 50% of their lot area covered with
impervious surfaces of building rooftops, paved driveways, patio areas and other hard
surfaces.
-
Site and building design for RT zoned lots shall provide, where feasible, for permeable
surface treatments so as to promote greater groundwater absorption and less site drainage
runoff.
179
26.0 RESIDENTIAL RM-1 (RM-1) LOW AND MEDIUM DENSITY
MULTI-UNIT RESIDENTIAL ZONE
26.1 ZONE INTENT
The intent of the RM-1 zone is to provide for a low to medium density, infill oriented and well
designed multi unit residential developments of bare land strata, cluster housing and
Townhouse residential forms with full urban services and located within the Urban
Development Area.
26.2
USES OF LAND
Permitted Uses
-
Multi Unit Residential
-
Single Family Residential (subject to provisions of Regulation 26.3 (4)(5) Conditions of Use)
-
Townhouse Residential Use
-
Two Unit Residential (Duplex) (subject to the provisions of Regulation 26.3 (4)(5) Conditions
of Use)
Accessory Uses
-
Accessory Building (subject to Regulation 26.5)
-
Enclosed Storage
-
Garage
-
Home Based Business (subject to provisions of Regulation 26.3 (3) Conditions of Use)
-
Indoor Amenity Area
-
Outdoor Amenity Area
-
Off Street Parking Use
-
Urban Ancillary Uses - Multi
Discretionary Uses
-
Short-Term Rental (subject to Regulation 14.12)
Prohibited Uses
-
Row Dwelling Residential
-
Subsidiary Apartment
180
26.3
CONDITIONS OF USE
1. For a Cluster form of development, innovative housing forms of attached and detached
Townhouses will be reviewed on a site-specific basis and in consideration of the preserved
environmental features of the site;
2. For a bare land stratum form of development where individual small lot residential homes
are proposed as part of a comprehensive site development, the minimum lot size area for
bare land strata lots shall be 372.0 m2;
3. Home Based Businesses shall be limited to business and professional offices, and artisan and
other home crafts as identified by Regulation 14.2 (1) and (2);
4. Single Family Residential and Two Unit Residential dwellings shall be sited in accordance
with the applicable zone and Development Standards of Regulations as set out in 26.4.
5. New development shall be considered for review through the Development Design
Guidelines of Part 4 of the Development Regulations.
26.4 RM-1 ZONE AND PRINCIPAL BUILDING(S) DEVELOPMENT
STANDARDS REQUIREMENTS
Multi-unit Residential (RM-1 zone)
Development Standard
Minimum Zone Requirement
Minimum Lot Frontage
25 m
Minimum Setback from Front Lot Line
6 m
Minimum Setback from Rear Lot Line
7.5 m
Minimum Setback from Interior Side Lot Line
As per National Building Code
Minimum Setback from Exterior Side Lot Line
7.5 m
Maximum Height of Building
11 m
Minimum setback from any undevelopable area of the site
15 m
181
Single Family Residential and Two Unit Residential dwellings shall be sited in accordance with
the applicable zone and Development Standards of Regulations as set out below:
Development Standard
Single Family Residential
Residential Two Unit
RS-1
Compact
RS-2
Small
RS-3
Urban
RS-4 Mixed1
RT
MINIMUM
Lot area (m2)
465
550
770
550 &770
790
Lot frontage (m)
16
18
18
18
22
Lot depth (m)
25
30
30
30
33
Setback - Front (m)
(staggered setback)
5 and
5.5
6 and
5.5
6 and 7
6 and 7
6
Setback-Rear (m)
7
7.5
7.5
7.5
7.5
Setback-Interior side (m)
(refer to 7.1.5)
1.25 and
3
1.5
and 3
1.5 and 3
1.5 and 3
2.25
Setback-Exterior Side (m)
3.75
3.75
3.75
3.75
3.75
Building Footprint (m2)
84
93
110
110
70
Outdoor amenity space (m2)
n/a
n/a
n/a
n/a
30
Setback from undevelopable
area of site
n/a
n/a
n/a
n/a
n/a
MAXIMUM
Height (m)
11
11
11
11
10
Lot coverage (%)
40%
40%
40%
40%
40%
Building footprint
n/a
n/a
n/a
n/a
120
26.5
RM-1 ZONE REQUIREMENTS FOR ACCESSORY BUILDING
DEVELOPMENT STANDARDS
Development Standard
Minimum Zone Requirement
Minimum Setback from Front Lot Line
10m
Minimum Setback from Interior Side Lot Line
As per National Building Code
Minimum Setback from Rear and Exterior Lot Lines
5 m
Minimum Separation to Principal Building(s)
2.5 m
Maximum Height of Building
6 m
Maximum Lot Coverage
10 % of yard area*
* Accessory buildings and structures shall only be permitted in the side and rear yard areas of
the lot.
1 A Maximum of 30% of the total lots may be 550 m2 and a minimum of 70% of the total lots shall be 770
m2
182
26.6 BUILDING FORM
The varied types of design and building form for multi-unit cluster residential and Townhouse
residential dwelling units within the RM-1 zone are flexible and may include single or two storey
level attached Townhouse units, detached ground oriented smaller footprint residential homes,
individual small lot single family residential homes in a Townhouse form of site development, or
in another layout scheme approved by the Town, two unit duplex dwellings as part of a multi-
unit housing site or well-designed three and four unit residential buildings, that are each
complimentary to the residential character of the existing neighbourhood.
26.7
INDOOR AMENITY SPACE
Multi-unit residential developments that contain 20 dwelling units or more shall provide an
Indoor Amenity Space at a rate of at least 2.8 m2 per dwelling unit.
26.8 OUTDOOR AMENITY SPACE
Council may, at its discretion, require the following outdoor amenity space standards for Low
and Medium Density Multi-unit developments:
1. Outdoor Amenity Space shall be provided at a rate of at least 50 m2 per dwelling unit;
2. Landscaping and/or screening shall be provided to define the private outdoor space area for
each residential dwelling unit;
3. Outdoor Amenity Space shall be a useable area on the development site and shall have a
slope of 5 % or less;
4. Provision for onsite vegetable gardens for use by residents is encouraged to be provided as
a component of the Outdoor Amenity Space; and,
5. For developments that contain 10 or more dwelling units, either a level children's play area
with play equipment shall be provided with a minimum area of 100 m2, or for seniors-
oriented housing developments, a similar sized finished outdoor area of shade trees, rest
benches with other amenities shall be provided.
26.9 SITE, BUILDING AND LANDSCAPE DESIGN
1. As part of the Development Permit application for rezoning for a RM zone use, the applicant
shall provide a site plan submission of the proposed development, with specific attention to
site layout and design, design appearance of proposed buildings, provision for landscaping
and street tree planting, bicycle and off street parking;
2. Site, building and landscape design shall be determined for consideration through the
Development Design Guidelines of Part 4 of the Development Regulations; and,
183
3. Council may require, at its discretion, that multi-unit residential sites located mid-block and
internally on residential streets, and sites on a corner lot, shall in the minimum provide for a
landscaped screen or decorative fence, or a combination of both, as approved by the
Authority, of not less than 2 m in height on all property lines adjoining adjacent single family
residential uses, and such landscaped screen and/or decorative fence shall be maintained to
the satisfaction of the Authority.
26.10 OFF STREET PARKING
1. Off street parking and provision for bicycle parking shall be in accordance with the
provisions of Regulation 11.0 of these Development Regulations;
2. Off street parking for RM uses shall be designed in conformance with Regulation 44.0 Multi-
Unit Residential Design Guidelines of the Development Regulations;
3. A minimum of 75 % of the required parking spaces for the site development shall be
completely enclosed within a garage attached to each dwelling unit, within detached garage
associated with each dwelling unit or within a fully enclosed parking structure;
4. Parking within the required building setback areas is not permitted; and,
5. Visitor parking areas shall be bounded by a landscape screen of not less than 1 m in height.
26.11 URBAN ANCILLARY USES - MULTI
Urban Ancillary Uses - Multi shall be limited to the following:
1. Gardening, social and recreational activities;
2. The keeping of pets not exceeding 3 in number;
3. Home Based Businesses as permitted; and,
4. The off street parking of licensed vehicles in association with the residential use of the
property, and provision for bicycle parking.
184
185
27.0 RESIDENTIAL RM-2 (RM-2) HIGH DENSITY MULTI-UNIT
RESIDENTIAL ZONE
27.1 ZONE INTENT
The intent of the RM-2 zone is to provide for a larger property size, urban densification land use
focused on well-designed high density multi -unit residential projects of apartment buildings,
cluster residential, and personal and adult care facilities located on Urban Development Area
sites near the core of the community where commercial and health services, employment and
education opportunities, recreation facilities, pedestrian mobility systems and other urban
amenities are available.
27.2 USES OF LAND
Permitted Uses
-
Apartment Residential
-
Adult Care Facility
-
Multi Unit Residential
-
Single Family Residential
-
Personal Care Home
-
Two Unit Residential
Accessory Uses
-
Accessory Building (subject to Regulation 27.5) (subject to Regulation 7.5 Accessory
Buildings and Structures)
-
Enclosed Storage
-
Garage
-
Only the following Home-Based Businesses: business and professional offices, and artisan
and other home crafts (subject to the provisions of Regulation 27.3, Conditions of Use)
-
Indoor Amenity Area
-
Outdoor Amenity Area
-
Off Street Parking
-
Urban Ancillary Uses - Multi
186
Discretionary Uses
-
Short-Term Rental (subject to Regulation 14.12)
Prohibited Uses
-
Row Dwelling Residential and Subsidiary Apartments
27.3 CONDITIONS OF USE
1. Home Based Businesses shall be limited to business and professional offices, and artisan and
other home crafts, and in accordance with other provisions of Regulation 14.0 of these
Development Regulations.
27.4 RM-2 DEVELOPMENT STANDARDS REQUIREMENTS
Multi-Unit Residential
Development Standard
Minimum Zone Requirement
Minimum Lot Frontage
30 m
Minimum Setback from All Lot Lines
9 m
Maximum Height of Building
15 m
Minimum Setback from any Undevelopable
Area of the site
15 m
Minimum Setback from Interior Side Lot Line for a Three or Four-Unity
type Residential Dwelling on a lot
As per National Building Code
Minimum Setback from Exterior Side Lot Line for a Three or Four-Unity
type Residential Dwelling on a lot
7.5 m
187
Single Family Residential and Two Unit Residential dwellings shall be sited in accordance with
Development Standards as set out below:
Residential Infill in RM-2 zone
Development Standard
Single Family Residential
Residential Two Unit
RS-1
Compact
RS-2
Small
RS-3
Urban
RS-4 Mixed2
RT
MINIMUM
Lot area (m2)
465
550
770
550 &770
790
Lot frontage (m)
16
18
18
18
22
Lot depth (m)
25
30
30
30
33
Setback - Front (m)
(staggered setback)
5 and
5.5
6 and
5.5
6 and 7
6 and 7
6
Setback-Rear (m)
7
7.5
7.5
7.5
7.5
Setback-Interior side (m)
(refer to 7.1.5)
1.25
and 3
1.5
and 3
1.5 and 3
1.5 and 3
2.25
Setback-Exterior Side (m)
3.75
3.75
3.75
3.75
3.75
Building Footprint (m2)
84
93
110
110
70
Outdoor amenity space (m2)
n/a
n/a
n/a
n/a
30
Setback from undevelopable
area of site
n/a
n/a
n/a
n/a
n/a
MAXIMUM
Height (m)
11
11
11
11
10
Lot coverage (%)
40%
40%
40%
40%
40%
Building footprint
n/a
n/a
n/a
n/a
120
New development shall be considered for review through the Development Design
Guidelines of Part 4 of the Development Regulations.
27.5 RM-2 ZONE REQUIREMENTS FOR ACCESSORY BUILDING
DEVELOPMENT STANDARDS
1. Accessory buildings on a RM-2 site, except for parking use and as considered by the
Authority through the Development Design process, shall be limited to one accessory
building on each development site.
2 A Maximum of 30% of the total lots may be 550 m2 and a minimum of 70% of the total lots shall be 770
m2
188
2. Accessory buildings shall conform to the zone and development standard requirements set
out below:
Development Standard
Minimum Zone Requirement
Minimum Setback from Front Lot Line
10 m
Minimum Setback from Interior Side Lot Line
As per National Building Code
Minimum Setback from Rear and Exterior Lot Lines
5 m
Minimum Separation to Principal Building(s)
2.5 m
Maximum Height of Building
6 m
Maximum Lot Coverage
10 % of yard area*
* Accessory buildings and structures shall only be permitted in the side and rear yard areas
of the lot.
27.6 BUILDING FORM
-
Apartment Residential Buildings may be 3 or 4 storey structures, and through Council
consideration approval of a height variance, the building height may be increased.
-
Cluster Residential projects may consist of varied housing forms that are sited in a high-
density orientation to preserve the environmental features of the site.
-
An Adult Care Facility and a Personal Care Home may be a one storey form of development,
or of more than one storey in height.
-
New developments shall be considered in accordance with Part 4 Development Design
Guidelines.
27.7
INDOOR AMENITY SPACE
Multi-unit residential developments that contain 20 dwelling units or more shall provide an
Indoor Amenity Space at a rate of at least 2.8 m2 per dwelling unit.
27.8 OUTDOOR AMENITY SPACE
Council may, at its discretion, require the following outdoor amenity space standards for Low
and Medium Density Multi-unit developments:
1.
Outdoor Amenity Space shall be provided at a rate of at least 50 m2 per dwelling unit;
2.
Landscaping and/or screening shall be provided to define the private outdoor space
area for each residential dwelling unit;
189
3.
Outdoor Amenity Space shall be a useable area on the development site and shall have
a slope of 5 % or less;
4.
Provision for onsite vegetable gardens for use by residents is encouraged to be provided
as a component of the Outdoor Amenity Space; and,
5.
For developments that contain 10 or more dwelling units, either a level children's play
area with play equipment shall be provided with a minimum area of 100 m2, or for seniors-
oriented housing developments, a similar sized finished outdoor area of shade trees, rest
benches with other amenities shall be provided.
27.9 SITE, BUILDING AND LANDSCAPE DESIGN
1. As part of the Development Permit application for rezoning for a RM zone use, the applicant
shall provide a site plan submission of the proposed development, with specific attention to
site layout and design, design appearance of proposed buildings, provision for landscaping
and street tree planting, bicycle and off street parking;
2. Site, building and landscape design shall be determined for consideration through the
Development Design Guidelines of Part 4 of the Development Regulations; and,
3. Council may require, at its discretion, that multi-unit residential sites located mid-block and
internally on residential streets, and sites on a corner lot, shall in the minimum provide for a
landscaped screen or decorative fence, or a combination of both, as approved by the
Authority, of not less than 2 m in height on all property lines adjoining adjacent single family
residential uses, and such landscaped screen and/or decorative fence shall be maintained to
the satisfaction of the Authority.
27.10 OFF STREET PARKING
1.
Off street parking and provision for bicycle parking shall be in accordance with the
provisions of Regulation 11.0 of these Development Regulations;
2.
Off street parking for RM uses shall be designed in conformance with Regulation 44.0
Multi-Unit Residential Design Guidelines of the Development Regulations;
3.
A minimum of 75 % of the required parking spaces for the site development shall be
completely enclosed within a garage attached to each dwelling unit, within detached
garage associated with each dwelling unit or within a fully enclosed parking structure;
4.
Parking within the required building setback areas is not permitted; and,
5.
Visitor parking areas shall be bounded by a landscape screen of not less than 1 m in
height.
190
27.11 URBAN ANCILLARY USES - MULTI
Urban Ancillary Uses - Multi shall be limited to the following:
1. Gardening, social and recreational activities;
2. The keeping of pets not exceeding 3 in number;
3. Home Based Businesses as permitted; and,
4. The off street parking of licensed vehicles in association with the residential use of the
property, and provision for bicycle parking.
191
28.0 COMMERCIAL GENERAL ZONE (CG)
28.1 ZONE INTENT
The intent of the General Commercial Zone is to provide for comprehensive and diversified
commercial locations for fully serviced properties within the Urban Development Area to
accommodate a wide range of shopping, personal service and business opportunities for local
residents, and over time to effect the existing the automobile dependent access character of the
area to provide for more opportunities for the pedestrian, site design and enhanced
landscaping.
28.2
USES OF LAND
Permitted Uses
-
Child Care Centre
-
Church
-
Civic Use
-
Club or Lodge
-
Parking Lot
-
Commercial General Use and specifically including the following uses:
o Art Gallery
o Amusement Centre
o Beverage Container Centre
o Building Supply Store
o Cabaret
o Cannabis Store
o Car Wash (subject to the provisions of Regulation 28.3 (1), Conditions of Use)
o Club or Lodge
o Convenience Store
o Department Store
o Drive Through Commercial
o Entertainment and Recreation
o Financial Services
o General Garage (subject to Regulation 28.3 (2), Conditions of Use)
o Grocery Store
o Hotel and Motel
o Indoor Recreation
o Licensed Lounge (subject to Regulation 28.3 (3), Conditions of Use)
192
o Medical Clinic and Medical Office
o Movie Theatre
o Office
o Personal Service and Personal Repair Services
o Private School
o Pawnshop
o Pub
o Restaurant
o Retail
o Second Hand Store
o Service Station (subject to the provisions of Regulation 28.6)
o Shopping Centre
o Vehicle Dealership and Showroom
o Vehicle and Equipment Repair Services
o Vendor Stand
o Warehousing and Wholesale
o Other Commercial Uses (subject to Regulation 28.3(4) Conditions of Use)
Accessory Uses
-
Accessory Building (subject to Regulation 28.3 (5) Conditions of Use) (subject to Regulation
7.5 Accessory Buildings and Structures)
-
Accessory Employee Residential (subject to Regulation 28.3(6) Conditions of Use)
-
Accessory Unenclosed Storage (subject Regulation 28.3(7) Conditions of Use)
-
Advertisement and Signs (subject to Regulation 28.3(8) Conditions of Use)
-
Enclosed Storage
-
Garage
-
Off Street Parking and Loading
Discretionary Use
-
Apartment (subject to Regulation 28.3 (9) Conditions of Use)
-
Auto Body Repair (subject to Regulation 29.3 (3) Conditions of Use)
-
Mineral exploration
-
Mini-Storage
-
Short Term Rentals
Prohibited Uses
-
Adult Entertainment Uses
-
Industrial Use
193
28.3
CONDITIONS OF USE
1. A Car Wash use shall only occur with a Service Station use and shall provide for an oil - water
separator storm water drainage system, or similar;
2. The use of a General Garage shall be limited to a maximum of any six motor vehicles,
licensed or unlicensed, stored outside for more than three consecutive days;
3. A Licensed Lounge may be permitted as part of a restaurant;
4. Other Commercial Uses not specifically identified shall be interpreted by the Authority on
the basis of the definition interpretations of permitted commercial uses identified within
Regulation 2.0 Definitions of the Development Regulations.
5. Accessory buildings shall be secondary to the principal buildings on the site, shall conform to
the design appearance of the principal commercial building and shall not be located in the
front area of the site, unless approved by the Authority through the site plan review process
of the rezoning or building permit application;
6. An accessory employee residential use shall be a self-contained dwelling unit, not exceeding
110 m2, that is located entirely within the principal commercial use building, and primarily
on the second storey of the building or above;
7. A permitted commercial use shall be located within a completely enclosed building, except
for:
-
Outdoor display or sales area for garden supplies and other retail goods;
-
Vehicle Dealership sales area for automobiles;
-
Parking area and Off-Street Parking;
-
Vendor Stand (outside locations as approved by Council);
-
Construction work, installation projects, maintenance and a range of other outside
commercial services occupations and businesses;
-
Building material and lumber supplies on CH sites
-
Unenclosed Storage provided the storage area is not located in the front yard area, and
at the discretion of Council, it may be required that the storage has a landscape screen
of uniform height not less than 1.5 m, nor more than 1.8 m, to obscure and minimize
the view of the storage from an adjacent lot or roadway;
194
8. Advertisements and Signs shall be in accordance with Council's Policy on Signs and
Advertisements and proposals for signage shall be considered through the Development
Design Guidelines of Part 4 of the Development Regulations review process. Only one free
standing per lot shall be permitted in the CG and CH commercial zones and all industrial
zones unless through the site plan information submission and design review process, the
Authority exercises its discretion that the visual and aesthetic character of the lot or
adjacent area will not diminished by more than one free standing sign on the lot, and deems
that an additional sign will not create an obstruction for vehicular traffic, including access to,
and egress from the site;
9. An Apartment Use within the CG shall be considered by the Authority for those properties
adjacent and nearby to the Main Street downtown area so as to provide additional
population density to support commercial growth;
10. All new CG and CH uses that are located within public view of the Trans-Canada Highway
shall provide for site, landscape and building design attention to the highway corridor; and,
11. Commercial site access and egress locations to the adjacent roadway for new developments
shall be minimized, and determined through the preliminary site plan review process.
28.4 CG ZONE AND PRINCIPAL BUILDING(S) DEVELOPMENT
STANDARDS REQUIREMENTS
Development Standard
Minimum Zone Requirement
Minimum Lot Frontage
25 m
Minimum Lot Depth
30 m
Minimum Lot Coverage of Principal Buildings
15 % of Lot Area
Maximum Lot Coverage of all buildings
70 % of Lot Area
Maximum Coverage of Impervious Surfaces
75 % of Lot Area
Minimum Setback from Front Lot Line
12 m
Minimum Setback from Rear Lot Line
6 m
Minimum Setback from Interior Side Lot Line
As per National Building Code
Minimum Interior Side Lot Line Setback for
Drive-Through Businesses
6 m
Minimum Setback from Exterior Side Lot Line
4.5 m
Maximum Height of Building
15 m
Minimum Setback from any Non-developable Area
of the site
15 m
195
In addition to the minimum requirements, the following provisions apply:
-
More than one Principal Building shall be permitted on a commercial development site;
-
Additional building setback and site layout requirements may be deemed required
through the Development Design review process for drive-through business buildings to
provide for sufficient on-site drive aisle movement and accommodation for vehicles, and
to avoid spillover traffic to adjacent roadways.
30.4 CN ZONE AND PRINCIPAL BUILDING(S) DEVELOPMENT
STANDARDS REQUIREMENTS
Development Standard
Minimum Zone Requirement
Minimum Lot Frontage
25 m
Minimum Lot Depth
30 m
Minimum Lot Coverage of Principal Buildings
30 % of Lot Area
Maximum Lot Coverage of all buildings
50 % of Lot Area
Maximum Coverage of Impervious Surfaces
60 % of Lot Area
Minimum Setback from Front and Rear Lot Line
3 m
Minimum Setback from Interior Side Lot Line
As per National Building Code
Minimum Setback from Exterior Side Lot Line
6 m
Maximum Height of Building
10 m
Minimum Setback from any Non-developable Area
of the site
15 m
Maximum Floor Area of CN Convenience Store,
Pharmacy or Grocery
375 m2
Maximum Floor Area of all buildings on CN site
3,700 m2
In addition to the outlined siting requirements, the following provisions also apply:
-
More than one Principal Building may be permitted on a neighbourhood commercial
development site; and,
-
Additional building setback and site layout requirements may be deemed required through
the Development Design review process to address the specific needs of the
neighbourhood.
196
28.5 CG ZONE REQUIREMENTS FOR ACCESSORY BUILDING
DEVELOPMENT STANDARDS
Development Standard
Minimum Zone Requirement
Minimum Setback from Front, Rear and Interior Lot
Line
3 m
Minimum Setback from Exterior Lot Line
4.5 m
Minimum Separation to Principal Building(s)
2.5 m
Maximum Height of Building
6 m
Maximum Lot Coverage
5 % of lot area
28.6 SERVICE STATION USE
The following site requirements shall apply to a service station use:
1. No lot shall be created or proposed for use as a service station which is less than 1300.0 m2
in area size;
2. Fuel pumps, pump islands and canopies shall be located not less than 4.5m from any lot line;
3. Service Station uses shall provide for an outside amenity area that includes a rest bench and
shade area as part of the landscape planning for the site.
28.7 LANDSCAPING, SITE AND BUILDING DESIGN
1. As part of the application submission for rezoning to a commercial use or for building permit
application for a new commercial development on a site, the applicant is to provide the
Authority with site plan information including site, landscaping, signage and building design
detail and drawings for the proposed development in accordance with Part 4 Development
Design of these Development Regulations. Application for Development Design approval
shall be required.
2. Required site landscaping shall be provided within front, rear and side yard setback areas;
adjacent to buildings; as landscaped access/egress medians, landscaped islands and on
raised pedestrian sidewalks within parking areas; and with site amenity and shade rest
areas.
197
3. Landscaping proposed for a CG, CH or CN zoned site, shall provide for the following
minimum landscape requirements within the identified areas of the site:
Area of Lot to be Landscaped
Minimum Landscape Requirements
Total Lot Area
5 % of the total Lot Area
Along front and exterior lot lines
2.1 m wide landscape treatment
Along front and exterior lot lines
9m spacing for required street trees to be planted
Along property line adjacent to a Residential Use
2 m wide landscape screen of maximum 2 m height
4. CG, CH and CN development sites shall additionally provide for the following site design and
amenity areas:
-
refuse areas shall be fenced with solid materials and locked, and integrated with the
landscape and site design of the developed lot;
-
within all new development site parking areas, landscape treatment is required adjacent
to buildings so no paved parking areas abut a building face;
-
for parking areas of 25 or more parking spaces, landscape treatment shall additionally
include provision for internal landscape islands with curbs and installation of raised
sidewalks for pedestrian safety and circulation; and,
-
site developments with floor area space larger than 1858.0 m2 shall provide for amenity
areas of rest benches with shade areas as part of the landscape planting for the site.
5. Site and building design, in a minimum for a Commercial zoned site, shall provide for an
attractive streetscape and storefront façade appearance through the visual articulation of
the front entrance to the building, limited use of building massing and blank walls on
exterior sides of the building, use of articulated windows and window treatment, attention
to rooflines, and use of complimentary building materials;
6. Advertisements and Signs within the CG, CH and CN zones shall be in accordance with the
Signs and Advertisement Policy of Council, and proposals for signage shall be considered
through the Development Design review process.
28.8 OFF STREET PARKING AND LOADING
Requirements for off street parking and for loading and provisions for bicycles shall be in
accordance with Regulation 11.0 Off Street Parking Requirements and Regulation 12.0 Off Street
Loading Regulations of the Development Regulations.
198
199
29.0 COMMERCIAL HIGHWAY ZONE (CH)
29.1 ZONE INTENT
The intent of the Commercial Highway zone is to primarily provide for the commercial needs of
the traveling public on development sites adjacent to the Trans-Canada Highway, and to provide
for larger lot local commercial business development opportunities, and over time to enhance
the site, landscape and building design appearance of properties within this highway corridor.
29.2 USES OF LAND
Permitted Uses
-
Civic Use
-
Church
-
Club or Lodge
-
Parking Area
-
Pub
-
Commercial Highway Use and specifically including the following uses:
o Auto Body Repair (subject to the provisions of Regulation 29.3 (3), Conditions of Use)
o Amusement Center
o Automotive Repair
o Beverage Container Centre
o Building Supply Stores
o Cabaret
o Car Wash (subject to Regulation 29.3 7) Conditions of Use)
o Commercial Outdoor Recreation Use (subject to Regulation 29.3 (2) Conditions of Use)
o Convenience Store
o Department Store
o Drive Through Commercial
o Entertainment and Recreation
o Financial Services
o General Garage (subject to Regulation 29.3 (8) Conditions of Use)
o Grocery Store
o Hotel and Motel
o Indoor Recreation
o Licensed Lounge (subject to Regulation 29.3 (9) Conditions of Use)
o Limited Manufacturing (which is not industrial)
o Medical Clinics and Medical Offices
200
o Movie Theatre
o Office
o Personal Service Use
o Personal Repair Services
o Private School
o Restaurant
o Retail (subject to Regulation 29.3 (4) Conditions of Use)
o Service Station (subject to Regulation 29. (10) Service Station Use))
o Shopping Centre
o Vehicle Dealership and Showroom
o Vehicle Equipment and Repair Services
o Vendor Stand
o Warehousing and Wholesale
Accessory Uses
-
Accessory Building (subject to the provisions of Regulation 29.5) (subject to Regulation 7.5
Accessory Buildings and Structures)
-
Accessory Employee Residential (subject to Regulation 29.3 (11) Conditions of Use)
-
Accessory Unenclosed Storage (subject to Regulation 29.3 (12) Conditions of Use)
-
Advertisement and Signs (subject to Regulation 29.3 (13) Conditions of Use)
-
Enclosed Storage
-
Garage
-
Off Street Parking and Loading
Discretionary Use
-
Mini-Storage
-
Subsidiary Apartment (subject to Regulation 29.3 (6) (Conditions of Use)
-
Mineral exploration
Prohibited Uses
-
Adult Entertainment Uses
-
Industrial Use, except warehousing
-
Auctions and associated warehousing
201
29.3 CONDITIONS OF USE
1. All CH uses are to be fully serviced with Town water and sanitary sewer; rezoning and
development proposals without full Town servicing shall be evaluated on a case by case
basis by the Authority;
2. A Commercial Outdoor Recreation Use shall have a minimum site area size of 1.2 ha and
provide for a minimum of one building of a minimum area size of 110 m2);
3. Auto Body Repair and Automotive Repair uses shall be limited by a maximum of six motor
vehicles, licensed or unlicensed, stored outside for more than three consecutive days, and
all paint vapors, toxic fumes, smells, smoke, noise and vibration from an auto body or
automotive repair business shall not cross property line and become offensive and a
nuisance to adjacent and nearby lots;
4. Retail building uses within a CH zoned site shall have a total floor area size for retail uses
that does not exceed 1000 m2, enclosed storage areas are not considered as part of a retail
floor area;
5. All new buildings and structures that are proposed for a CH zoned property, including those
that are visible to the traveling public on the Trans-Canada Highway, shall provide for
superior design attention through the site plan information submission consideration of the
Authority relating to site, landscaping, signage and building design detail for the
development as part of the Development Design Guidelines of Part 4 of the Development
Regulations, and in conjunction with a rezoning or building permit application to the
Authority.
6. An Apartment Use within the CH Zone shall be considered by the Authority as a
Discretionary Use and shall be evaluated on a case by case basis.
7. A Car Wash use shall only occur with a Service Station use and shall provide for an oil - water
separator storm water drainage system, or similar;
8.
The use of a General Garage shall be limited to a maximum of any six motor vehicles,
licensed or unlicensed, stored outside for more than three consecutive days;
9.
A Licensed Lounge may be permitted as part of a restaurant;
202
10.
The following site requirements shall apply to a service station use:
a. No lot shall be created or proposed for use as a service station which is less than
1300 m2 in area size;
b. Fuel pumps, pump islands and canopies shall be located not less than 4.5 m
from any lot line;
c. Service Station uses shall provide for an outside amenity area that includes a
rest bench and shade area as part of the landscape planning for the site.
11.
An accessory employee residential use shall be a self-contained dwelling unit, not
exceeding 110 m2, that is located entirely within the principal commercial use building,
and primarily on the second storey of the building or above;
12.
Accessory Unenclosed Storage on the site shall be located within one dedicated area of
the site and may exceed the floor area size of the Principal Building on the site, but shall
not exceed a storage area greater than 30 % of the lot area size of the property, and
shall be fully screened from adjacent streets by a fence and/ or by raised landscape
berms, or by a combination of both, as determined required by the Authority;
13.
Advertisements and Signs shall be in accordance with Council's Policy on Signs and
Advertisements and proposals for signage shall be considered through the Development
Design Guidelines of Part 4 of the Development Regulations review process. Only one
free standing per lot shall be permitted in the CH commercial zone and all industrial
zones unless through the site plan information submission and design review process,
the Authority exercises its discretion that the visual and aesthetic character of the lot or
adjacent area will not be diminished by more than one free standing sign on the lot, and
deems that an additional sign will not create an obstruction for vehicular traffic,
including access to, and egress from the site;
14.
Other Commercial Uses not specifically identified shall be interpreted by the Authority
on the basis of the definition interpretations of permitted commercial uses identified
within Regulation 2.0 Definitions of the Development Regulations.
15.
Accessory buildings shall be secondary to the principal buildings on the site, shall
conform to the design appearance of the principal commercial building and shall not be
located in the front area of the site, unless approved by the Authority through the site
plan review process of the rezoning or building permit application;
16.
All new CH uses that are located within public view of the Trans-Canada Highway shall
provide for site, landscape and building design attention to the highway corridor;
203
17.
Commercial site access and egress locations to the adjacent roadway for new
developments shall be minimized, and determined through the preliminary site plan
review process.
18.
A permitted commercial use shall be located within a completely enclosed building,
except for:
a. Outdoor display or sales area for garden supplies and other retail goods;
b. Vehicle Dealership sales area for automobiles;
c. Parking area and Off-Street Parking;
d. Vendor Stand (outside locations as approved by Council);
e. Construction work, installation projects, maintenance and a range of other
outside commercial services occupations and businesses;
f. Building material and lumber supplies on CH sites
g. Unenclosed Storage provided the storage area is not located in the front yard
area, and Council, at its discretion, may require that the storage has a landscape
screen of uniform height not less than 1.5 m, nor more than 1.8 m, to obscure
and minimize the view of the storage from an adjacent lot or roadway;
29.4 CH ZONE AND PRINCIPAL BUILDING(S) DEVELOPMENT
STANDARDS REQUIREMENTS
Development Standard
Minimum Zone Requirement
Minimum Lot Frontage
30 m
Minimum Lot Depth
32 m
Minimum Lot Coverage of Principal Buildings
15 % of Lot Area
Maximum Lot Coverage of all buildings
70 % of Lot Area
Maximum Coverage of Impervious Surfaces
75 % of Lot Area
Minimum Setback from Front Lot Line
7.5 m
Minimum Setback from Rear Lot Line
3 m
Minimum Setback from Interior Side Lot Line
As per National Building Code
Minimum Interior Side Lot Line Setback for Drive-
Through Businesses
6 m
Minimum Setback from Exterior Side Lot Line
4.5 m
Maximum Height of Building
10 m
Minimum Setback from any Non-developable Area
of the site
15 m
In addition to the outlined siting requirements, the following provisions also apply:
-
More than one Principal Building shall be permitted on a commercial development site;
204
-
Additional building setback and site layout requirements may be deemed required
through the Development Design review process for drive-through business buildings to
provide for sufficient on-site drive aisle movement and accommodation for vehicles, and
to avoid spillover traffic to adjacent roadways.
-
Interior lot line setbacks of 3m shall be reduced to 0.0m where buildings on adjacent
lots are built with an adjacent wall at 0.0m lot line; and,
-
Where an interior side line of a CH zoned lot adjoins a residential use property, the
interior lot line setback shall be increased to 6m.
29.5 CH ZONE REQUIREMENTS FOR ACCESSORY BUILDING
DEVELOPMENT STANDARDS
Accessory Building development standards and requirements for the CH zone shall be in
accordance with the provisions of Regulation 28.5 Zone Requirements for Accessory Building
Development Standards
29.6 LANDSCAPING, SITE AND BUILDING DESIGN
Landscaping, site and building design development standards and requirements for the CH zone
shall be in accordance with the provisions of Regulation 28.7 Landscaping, Site and Building
Design.
29.7 OFF STREET PARKING AND LOADING
Requirements for off street parking and for loading and provisions for bicycles shall be in
accordance with Regulation 11.0 Off Street Parking Requirements and Regulation 12.0 Off Street
Loading Regulations of the Development Regulations.
205
30.0 COMMERCIAL NEIGHBOURHOOD ZONE (CN)
30.1 ZONE INTENT
The intent of the Commercial Neighbourhood Zone is to provide for the personal service and
daily shopping needs for residents of surrounding neighbourhoods through the development of
well designed, low impact and small-scale commercial businesses.
30.2 USES OF LAND
Permitted Uses
-
Convenience Store
-
Neighbourhood Commercial Use, including the following indicative uses:
o Café and/or Restaurant (except drive-through restaurants)
o Commercial Shop
o Indoor Recreation
o Medical Clinic and Medical Office
o Personal Service
o Professional and Business Office, excluding real estate
o Retail
Accessory Uses
-
Advertisement and Signs (subject to Regulation 30.3 (5) Conditions of Use)
-
Enclosed Storage
-
Off Street Parking and Loading
Discretionary Uses
-
Neighbourhood grocery store and/or Pharmacy (subject to Regulation 30.4 CN Zone and
Principal Building(s) Development Standards Requirements)
-
Accessory Employee Residential (subject to Regulation 30.3 (7) Conditions of Use)
Prohibited Uses
-
Accessory Unenclosed Storage
-
Accessory Building - Shipping Container
-
Adult Entertainment
-
Auto Body Repair
-
Automotive Repair
-
Cabaret
206
-
Drive-Thru Commercial
-
Licensed Lounge
-
Pawn Shop
-
Pub
-
Service Station
30.3
CONDITIONS OF USE
1. All Neighbourhood Commercial developments shall be fully serviced with Town water,
sanitary service and adequate roadway standard to service the intended level of commercial
use; all Convenience Store uses shall in a minimum be serviced with Town water and
provide for approval for a septic effluent disposal;
2. Site plan information submission for rezoning development of a new Neighbourhood
Commercial use or a Convenience Store shall include site, landscaping, signage and building
design detail through the Development Design Guidelines of Part 4 of the Development
Regulations and demonstration to the Authority that the site and the proposed
development is an appropriate fit for the neighbourhood;
3. At the discretion of Council, Neighbourhood Commercial building developments in excess of
1,114.8 m2 of floor area may be required to provide for an outdoor landscaped amenity area
location on site that consists of shade areas, rest benches and decorative plantings;
4. Landscaped areas, including planting of trees, shall cover a minimum of 10 % of
Neighbourhood Commercial sites;
5. Use of Advertisement and Signs shall be minimized on the site for a Convenience Store and
Neighbourhood Commercial use, and limited to one decorative base sign at the front
entrance of the site, not to exceed 2.0 m2 in surface area size, and façade signs on individual
storefronts as approved by the Authority;
6. A Licensed Lounge shall not be permitted as part of a Restaurant use with a Neighbourhood
Commercial development, and no Pub or Cabaret or similar use providing alcohol for sale or
consumption shall be permitted;
7. An accessory employee residential use shall be a self-contained dwelling unit, not exceeding
110 m2, that is located entirely within the principal commercial use building, and primarily
on the second storey of the building or above;
207
30.5
CN ZONE REQUIREMENTS FOR ACCESSORY BUILDING
DEVELOPMENT STANDARDS
Accessory Building development standards and requirements for building size, setbacks, lot
coverage and height for the CN zone will be determined on a case by case basis by the
Authority, and shall in the minimum be in accordance with the provisions of Regulation 28.5
Zone Requirements for Accessory Building Development Standards.
30.6 LANDSCAPING, SITE AND BUILDING DESIGN
Landscaping, site and building design development standards and requirements for the CN zone
shall be in accordance with the provisions of Section 28.7 Landscaping, Site and Building Design.
Neighbourhood commercial developments, in excess of 1115 m2 of floor area space, shall
provide for an outside landscaped amenity location of shade areas, rest benches and refuse
receptacles.
30.7 OFF STREET PARKING AND LOADING
Requirements for off street parking and for loading and provisions for bicycles shall be in
accordance with Regulation 11.0 Off Street Parking Requirements and Regulation 12.0 Off Street
Loading Regulations of the Development Regulations.
208
209
31.0 COMMERCIAL DOWNTOWN ZONE (CD)
31.1
ZONE INTENT
The intent of the Commercial Downtown Zone is to provide core commercial shopping, services
and business opportunities for the High Street and Main Street areas of the community, to
provide commercial support to the recent High Street revitalization and to stay focused on the
commercial role of the Main Street downtown area.
31.2 USES OF LAND
Permitted Uses
-
Artists Live-Work Studios
-
Church
-
Civic Use
-
Club or Lodge
-
Park
-
Public Use
-
Commercial Downtown Use and specifically including the following uses:
o Art Gallery
o Amusement Centre
o Cafe
o Cannabis store
o Convenience Store
o Department Store
o Entertainment and Recreation
o Farmers Market (subject to the provisions of Regulation 31.3 (3), Conditions of Use)
o Financial Services
o Grocery Store
o Hotel and Motel
o Indoor Recreation
o Licensed Lounge
o Medical Clinic and Medical Office
o Movie Theatre
o Office
o Pawnshop
o Personal Services and Personal Repair Services
o Private School
210
o Pub
o Restaurant (subject to Regulation 31.3 (4) Conditions of Use)
o Retail
o Second Hand Store
o Sidewalk Downtown Commercial
o Vendor Stand
Accessory Uses
-
Accessory Employee Residential,
-
Advertisement and Signs,
-
Apartment,
-
Enclosed Storage,
-
Off Street Parking and Loading
Discretionary Uses
-
Accessory Building (subject to Regulation 31.3 (7) Conditions of Use) except Shipping
containers (subject to Regulation 7.5 Accessory Buildings and Structures)
-
Cabaret and Nightclub
-
Child Care Centre (subject to Regulation 31.3 (8) Conditions of Use)
-
Service Station (subject to Regulation 31.3 (9) Conditions of Use)
-
Limited Manufacturing (subject to Regulation 31.3 (10) Conditions of Use)
Prohibited Uses
-
Adult Entertainment Uses
-
Accessory Unenclosed Storage
-
Accessory building - Shipping containers
-
Auto Body Repair
-
Automotive Repair
-
Civic Use for Correction and Detention Facilities
-
Drive-Thru Commercial
-
Industrial Use
31.3
CONDITIONS OF USE
1. All new developments shall be provided by full Town services and with sufficient capacity for
the intended use within the Commercial Downtown zone;
211
2. Site Plan information submission for rezoning development of a new building, or structural
or façade modifications to an existing building within the Commercial Downtown Zone shall
include site, landscaping, signage, building and building façade design detail through
application through Development Design Guidelines consideration of Part 4 of the
Development Regulations, including attention to such design elements as weather
protection for pedestrians in the form of store canopies and awnings;
3. A Farmer's Market use in the downtown area shall be facilitated upon
identification of a suitable site by a community organization, and subsequent approval by
the Authority;
4. A Restaurant and café use may utilize a sidewalk area of the downtown for a customer
seating area upon approval from the Authority; retail sales and outdoor display areas may
also be considered for use of sidewalk space within the downtown areas;
5. Advertisement and Signs within the downtowns shall be minimized and limited to signage
on the building, in accordance with Council's Policy on Signs and Advertisements, and as
approved by the Authority;
6. An Apartment Use shall only occur in a building on the second storey and above and
represents the only use on the second storey and above, and the main floor at sidewalk
level at the front of the building shall be used for Commercial Downtown use;
7. An Accessory Building shall not be permitted unless the applicant can substantiate its critical
role to the Principal Building and to the successful use of the property - setbacks, siting and
design will be at discretion of Authority;
8. A Child Care Centre shall only be permitted within the downtown areas when a private and
landscaped outside amenity play area of a minimum size of 14.0 m2 is provided on the
subject property;
9. A Service Station use may be considered in the Main Street area but shall not include a car
wash, and Regulation 28.6 Service Station Use shall apply;
10. A Limited Manufacturing Use may be considered by the Authority as a permitted
discretionary use in the downtown on the basis that it would provide for a tourism
attraction for local visitors or that it represents a low impact and economically beneficial
business use to the downtown.
212
11. An Industrial Café Use shall only be developed as part of a multi-unit strata industrial
development where there is a minimum of 5 strata units of a minimum individual unit floor
area size of 110 m2 as part of the site development;
31.4 CD ZONE AND PRINCIPAL BUILDING(S) DEVELOPMENT
STANDARDS REQUIREMENTS
Development Standard
Minimum Zone Requirement
Minimum Lot Area Size
500s m2
Minimum Lot Frontage
10 m
Minimum Lot Coverage of Principal Buildings
70 % of Lot Area
Maximum Lot Coverage with enclosed refuse
located in rear of lot
90 % of Lot Area
Maximum lot coverage with underground
parking
100% of Lot Area
Minimum Setback from Front Lot Line
0.0m
Maximum Setback from Front Lot Line
3 m
Minimum Setback from Rear Lot Line
0.0 m
Minimum Setback from Rear Lot Line where
Off Street Parking is provided on the site
6 m
Minimum Setback from Interior Side Lot Line
As per National Building Code
Minimum Setback from Exterior Side Lot Line
0.0 m
Maximum Height of Building
20 m
31.5 CD ZONE REQUIREMENTS FOR ACCESSORY BUILDING
DEVELOPMENT STANDARDS
Accessory Building development standards and requirements for building size, setbacks, lot
coverage and height for the CD zone will be determined on a case by case basis by the Authority,
and such use may not be permitted, but shall in the minimum be in accordance with the
provisions below for Zone Requirements for Accessory Building Development Standards.
Development Standard
Minimum Zone Requirement
Minimum Setback from Front, Rear and Interior Lot
Line
3 m
Minimum Setback from Exterior Lot Line
4.5 m
Minimum Separation to Principal Building(s)
2.5 m
Maximum Height of Building
6 m
Maximum Lot Coverage
5 % of lot area
213
31.6 BUILDING FORM AND DESIGN
1. New downtown area buildings within the High Street area shall incorporate the design
theme of the downtown revitalization with an emphasis on brick material and strong
structural elements. Building orientation to the street and to sidewalk pedestrian activity
shall be achieved through prominent street front store entrances, recessed window
displays, heritage design articulation on the building face and use of artistic signage;
2. New development within the Main Street area shall incorporate more of a landscaping
approach with new buildings, including within the front and interior lot areas, and use of
planters and hanging baskets. Building focus shall be to add new development in context of
the history of Main Street and the railway;
3. All new site and building development within the CD zone shall be considered through
review of the Development Design Guidelines of Part 4 of the Development Regulations;
4. The first-floor use of all buildings within the CD zone shall be for one or more of the primary
permitted uses listed in Regulation 31.2, and in accordance with the Commercial Downtown
definition of Regulation 2.0 Definitions.
31.7 AMENITY SPACE WITH APARTMENT RESIDENTIAL UNITS
1. Outdoor Amenity Space is not required with the Apartment residential dwelling units of this
CD zone; and,
2. For Apartment residential developments of 15 units or more, Indoor Amenity Space shall be
provided at a rate of at least 2.8 m2 per dwelling unit.
31.8 OFF STREET PARKING AND LOADING
1. Requirements for off street parking and loading shall be in accordance with the provisions of
Regulation 11.0 Off Street Parking Requirements and Regulation 12.0 Off Street Loading
Regulations;
2. For development sites that cannot provide all required parking on site, and nearby vacant
lot may be used for parking for the subject use within the CD zone on the basis that:
-
The lot to be used for parking is within 200 m of the subject developed site;
-
The lot to be used for parking is either owned or leased by the developed site property
owner;
-
The lot to be used for parking is not used for any other land use; and,
-
The required parking spaces for the parking site shall be clearly marked for parking use.
214
215
32.0 INDUSTRIAL LIGHT ZONE (IL ZONE)
32.1 ZONE INTENT
The intent of the Industrial Light Zone is to serve as the primary land use zone within Grand
Falls-Windsor to provide for a diversified mix of fully serviced industrial businesses and limited
commercial uses that are located predominantly within the Urban Development Area.
32.2 USES OF LAND
Permitted Uses
-
Auto Body Repair (subject to the provisions of Regulation 32.3 (15) Conditions of Use)
-
Automotive Repair
-
Beverage Container Return Centre
-
Cannabis production facility
-
Car Wash (subject to the provisions of Regulation 32.3 (16) Conditions of Use)
-
Commercial Kennel
-
Contractor Yards (subject to the provisions of Regulation 16.0 Contractor Yards)
-
General Garage (subject to Regulation 32.3 (17) Conditions of Use)
-
Industrial Café (subject to Regulation 32.3 (18) Conditions of Use)
-
Industrial Repair Services (subject to Regulation 32.3.(19), Conditions of Use)
-
Indoor Recreation
-
Limited Manufacturing
-
Mini Storage
-
Service Station
-
Vehicle Equipment and Repair Services (subject to Regulation 32.3 (19) Conditions of Use)
-
Vendor Stand
-
Wholesale
-
Industrial Light, specifically including the following indicative uses:
o auction marts;
o funeral parlor and/ or memorial service facility;
o manufacturing, processing, assembling, storing, distributing and fabricating operations;
o multi unit strata industrial developments;
o taxi dispatch offices;
o truck and bus terminals and refueling centers;
o warehousing
216
Accessory Uses
-
Accessory Building, except Shipping containers (subject to Regulation 7.5 Accessory
Buildings and Structures)
-
Accessory Employee Residential
-
Accessory Retail (subject to Regulation 32.3 (5) Conditions of Use)
-
Accessory Unenclosed Storage (subject to Regulation 32.3 (6) Conditions of Use)
-
Advertising and Signs (subject to Council Policy on Signs and Advertisements)
-
Enclosed Storage
-
Office (subject to Regulation 32.3 (7) Conditions of Use)
-
Off Street Parking and Loading
-
Outdoor Amenity Space (subject to Regulation 32.3 (8) Conditions of Use)
-
Showroom (subject to Regulation 32.3 (9) Conditions of Use)
Discretionary Use
-
Asphalt Plant (subject to Regulation 32.3 (10) Conditions of Use)
-
Cannabis retail location (subject to Regulations 32.3 (14) Conditions of Use)
-
Child Care Centre
-
Parking for Recreational Vehicles (subject to Regulation 32.3 (11) Conditions of Use)
-
Technology Centre
-
Mineral exploration
Prohibited Uses
-
Accessory building - shipping containers
-
Adult Entertainment
-
Industrial Special
-
Industrial Resource
-
Pawn Shop
-
Storage of used tires
32.3
CONDITIONS OF USE
1. All development on IL zoned sites shall only occur with full Town services.
2. Other Industrial Uses not specifically identified within Regulation 32.2 Uses of Land shall be
interpreted by the Authority on the basis of the definition interpretations of permitted
industrial uses identified within Regulation 2.0 Definitions of the Development Regulations.
217
3. An Industrial Café Use shall only be developed as part of a multi-unit strata industrial
development where there is a minimum of 5 strata units of a minimum individual unit floor
area size of 110 m2 as part of the site development;
4. Industrial Repair Services and Vehicle and Equipment Repair Services shall provide for a
dedicated area of the site for the outside storage of vehicles and equipment for repair, and
no one vehicle or equipment may be stored for a period longer than 60 days, and the
storage area shall be located distant from streetscape and public view, and a landscape
screen not less than 2 m in height and 2 m in width shall be required on the total perimeter
of the dedicated storage area;
5. Accessory Retail shall be limited to 25% of the floor area size of the Permitted Use, and shall
be directly related to the business activity of the Principal Use;
6. Unenclosed Storage shall not exceed 15 % of the lot area and a larger area may only be
allowed at the discretion of Council. IL uses such as transportation, trucking terminals,
equipment and vehicle repair, bus terminals, and other industrial uses as determined by the
Authority, may exceed the 15 % maximum limit of unenclosed storage on a site provided
that the storage area is well maintained and screened in accordance with Regulation 32.3
(2) Conditions of Use. No lot or property in the IL zone shall be used for unenclosed storage
as the Principal use;
7. An Office Use shall only be permitted as an Accessory Use providing an administrative
function to the Principal Use on the property and as enclosed entirely within the Principal
Use building;
8. An Outdoor Amenity Area shall be provided for employees of an industrial zoned
developments where the Principal Use building has a floor area space of 1800 m2 and larger,
and at a rate of 3.0 m2 of Outdoor Amenity Space for every 100.0 m2 of floor area space of
the Principal Building;
9. A Showroom may not be used as additional floor space in a Principal Building with an
existing Accessory Retail use;
10. Proposals for an Asphalt Plant will only be considered by the Authority for a site within the
IL zone on the basis of criterion such as adequate site size, provisions for siting of
equipment, buildings and materials, site landscaping and screening, adjacent land uses, and
other issues as determined by the Authority.
218
11. Parking for unoccupied commercial and recreational vehicles and boats may be considered
on a lot as a principal use where the discretionary use applicant demonstrates to the
Authority a superior site landscape plan for the property to screen the use, and that the use
is of benefit to the Town;
12. New developments seeking to rezone to the IL zone or to construct new buildings on IL
zoned sites shall be considered through the Development Design Guidelines of Part 4 of the
Development Regulations for review of site layout, property characteristics, and proposed
landscaping, parking, signage and building design detail.
13. More than one principal building may be permitted on an IL zoned site.
14. A Cannabis retail location may be considered in a Cannabis production facility only.
15. Auto Body Repair and Automotive Repair uses shall be limited by a maximum of six motor
vehicles, licensed or unlicensed, stored outside for more than three consecutive days, and
all paint vapors, toxic fumes, smells, smoke, noise and vibration from an auto body or
automotive repair business shall not cross property line and become offensive and a
nuisance to adjacent and nearby lots;
16. A Car Wash use shall only occur with a Service Station use and shall provide for an oil - water
separator storm water drainage system, or similar;
17. The use of a General Garage shall be limited to a maximum of any six motor vehicles,
licensed or unlicensed, stored outside for more than three consecutive days;
18. An Industrial Café Use shall only be developed as part of a multi-unit strata industrial
development where there is a minimum of 5 strata units of a minimum individual unit floor
area size of 110 m2 as part of the site development;
19. Industrial Repair Services and Vehicle and Equipment Repair Services shall provide for a
dedicated area of the site for the outside storage of vehicles and equipment for repair, and
no one vehicle or equipment may be stored for a period longer than 60 days, and the
storage area shall be located distant from streetscape and public view, and a landscape
screen not less than 2 m in height and 2 m in width shall be required on the total perimeter
of the dedicated storage area;
219
32.4 IL ZONE AND PRINCIPAL BUILDING(S) DEVELOPMENT
STANDARDS REQUIREMENTS
Development Standard
Minimum Zone Requirement
Minimum Lot Area Size
2,000 m2
Minimum Lot Frontage
30 m
Minimum Lot Coverage of Principal Buildings
15 % of Lot Area
Maximum Lot Coverage
70 % of Lot Area
Minimum Lot Depth
60 m
Minimum Setback from Any Lot Line
Adjoining a Residential Use
Adjoining a Commercial Use
30 m
15 m
Minimum Lot Line Setback from other uses
Minimum Setback from Front Lot Line
Minimum Setback from Rear Lot Line
Minimum Setback from Interior Side Lot Line
Minimum Setback from Exterior Side Lot Line
12 m
6 m
4.5 m
6 m
Maximum Height of Building
15 m
32.5
IL ZONE REQUIREMENTS FOR ACCESSORY BUILDING
DEVELOPMENT STANDARDS
Accessory Building development standards and requirements for building size, setbacks, lot
coverage and height for the IL zone will be determined on a case by case basis by the Authority,
and shall in the minimum be in accordance with the provisions of Regulation 28.5 Zone
Requirements for Accessory Building Development Standards.
32.6
BUILDING FORM AND SITE DESIGN
1. Site and building development on an IL zoned property shall be designed to provide for a
functional business layout while maintaining an attractive building façade to the adjacent
street, providing for quality site landscaping and minimizing unsightly outside storage, and
be in accordance with the design guidelines identified within the Industrial Development
Design Guidelines of Part 4 of the Development Regulations.
2. The building design to the street shall focus on a prominent front entrance for the building,
complemented by site entrance landscaping, including trees.
220
3. All portions of an IL zoned property not occupied by buildings or structures, off street
parking and loading areas, and unenclosed storage, shall be landscaped and maintained in
good condition.
32.7 OFF STREET PARKING AND LOADING
Requirements for off street parking and for loading shall be in accordance with Regulation 11.0
Off Street Parking Requirements and Regulation 12.0 Off Street Loading Regulations of the
Development Regulations.
221
33.0 INDUSTRIAL SPECIAL ZONE (IS)
33.1 ZONE INTENT
The intent of the Industrial Special Zone is to provide for large lot locations for primarily non-
serviced industrial activities in a manner that protects the visual character of the community.
33.2 USES OF LAND
Permitted Uses
Industrial Special and specifically including the following indicative uses:
-
Asphalt Plant
-
Automotive Repair
-
Commercial Composting
-
Equipment and Vehicle Repair
-
Industrial Repair Services
-
Mini Storage
-
Recycling Depot
-
Salvage and Wrecked Vehicles
-
Tank Vehicle Storage
-
Truck Terminal
Accessory Uses
-
Accessory Building including shipping containers (subject to Regulation 7.5 Accessory
Buildings and Structures)
-
Accessory Unenclosed Storage (subject to Regulation 33.3 (1) Conditions of Use)
-
Advertising and Signs (subject to Council Policy on Signs and Advertisements)
-
Office (subject to Regulation 33.3 (2) Conditions of Use)
-
Off Street Parking and Loading
-
Recreational Vehicle Parking (subject to Regulation 33.3 (6) Conditions of Use)
Discretionary Uses
-
Abattoir and rendering plants and facilities (subject to Regulation 33.3 (3) Conditions of Use)
-
Mineral exploration
Prohibited Uses
-
Hazardous Industry
-
Storage of Used and/or Shredded Tires and Other Rubber Material
222
33.3
CONDITIONS OF USE
1. For Accessory Unenclosed Storage, at the discretion of Council the following requirements
may become conditions for approval: on the site shall be located within one dedicated area
of the site and may exceed the floor area size of the Principal Building on the site, but shall
not exceed a storage area greater than 30 % of the lot area size of the property, and shall be
fully screened from adjacent streets by a fence and/ or by raised landscape berms, or by a
combination of both, as determined required by the Authority;
2. An Office use for the administrative support of the primary business use on the property
shall only occur within a Principal building for the business use on the site;
3. The Authority may consider an Abattoir and related rendering facility as a permitted
discretionary use upon an evaluation of the proposed economic benefits from the industrial
operation, including local employment opportunities, assessed building values and site
improvements, significant site buffers to adjacent land uses, a minimum 4ha site size, and
an analysis of the site's location in relation to adjacent land uses, water and sewer service
requirements, and required transportation infrastructure;
4. In the absence of Town services of water and sanitary sewer to IS zoned sites, all site
development must receive provincial approval for septic effluent disposal and address water
issues in relation fire protection and for domestic consumption for office and other uses;
5. New developments seeking to rezone to the IS zone or to commence new business
operations on existing IS zoned properties, shall be considered for Development Design
Guidelines approval in accordance with Part 4 of the Development Regulations and provide
to the Authority site plan information on the intended use, the design of proposed buildings,
how site landscaping and screening is to be addressed, how site servicing is to be addressed,
and how the proposal adheres to the design guidelines for Industrial uses within these
Development Regulations.
6. Parking for unoccupied commercial and recreational vehicles and boats may be considered
on a lot as a principal use where the discretionary use applicant demonstrates to the
Authority a superior site landscape plan for the property to screen the use, and that the use
is of benefit to the Town;
223
33.4
IS ZONE AND PRINCIPAL BUILDING(S) DEVELOPMENT
STANDARDS REQUIREMENTS
Development Standard
Minimum Zone Requirement
Minimum Lot Area Size
2 ha
Minimum Lot Frontage
30 m
Minimum Lot Coverage of Principal Buildings
60 m
Maximum Lot Coverage
70 % of Lot Area
Minimum Lot Depth
60 m
Minimum Setback from Any Lot Line
Adjoining a Residential Use
Adjoining a Commercial Use
60 m
30 m
Minimum Lot Line Setback from other uses
Minimum Setback from Front Lot Line
Minimum Setback from Rear Lot Line
Minimum Setback from Side Lot Lines
12 m
12 m
12 m
Maximum Height of Building
15 m
33.5
IS ZONE REQUIREMENTS FOR ACCESSORY BUILDING
DEVELOPMENT STANDARDS
Accessory Building development standards and requirements for building size, setbacks, lot
coverage and height for the IS zone will be determined on a case by case basis by the Authority,
and shall in the minimum be in accordance with the provisions of Regulation 28.5 Zone
Requirements for Accessory Building Development Standards.
33.6 IS ZONE SITE DESIGN
1. All development in the IS zone shall site buildings and storage uses in a manner to enhance
the visual quality of the site, and to maintain the aesthetic character of the immediate
neighbourhood area and overall community appearance, through the use of significant and
substantial site landscape improvements, including the planting of trees at 9 m spacing
within a landscape screen on the lot lines of all adjacent streets and inclusion of a
landscaped front entrance to the site.
2. Site and building development on an IS zoned property shall be designed to provide for a
functional business layout while maintaining an attractive building façade to the adjacent
street, providing for quality site landscaping and minimizing unsightly outside storage, and
be in accordance with the design guidelines identified within the Development Design
Guidelines of Part 4 of these Development Regulations.
224
33.7
OTHER REQUIREMENTS
1. There shall be no accumulation and storage of used tires on the site;
2. Use of site lighting shall not result in glare to offsite land uses such as residential;
3. Operations that involve noise being generated from onsite industrial activities shall be
limited in operating hours from 7am to 7pm each day; and,
4. Where deemed necessary from a fire protection service, and where no Town water service
is available, industrial operations in the IS zone may be required to provide an onsite water
supply for emergency fire protection.
33.8 OFF STREET PARKING AND LOADING
Requirements for off street parking and for loading shall be in accordance with Regulation 11.0
Off Street Parking Requirements and Regulation 12.0 Off Street Loading Regulations of the
Development Regulations.
225
34.0 INDUSTRIAL HEAVY ZONE (IH)
34.1 ZONE INTENT
The intent of the Industrial Heavy Zone is to address the former paper mill lands near the
Exploits River and to provide for future land use management for potential future land uses on
the site, or on portions thereof, following environmental site assessment review and remedial
work on the site.
34.2 USES OF LAND
Permitted Uses
-
Industrial Heavy (subject to the provisions of Regulation 34.3 (1 to 4), Conditions of Use)
Accessory Uses
-
Accessory Building (subject to Regulation 7.5 Accessory Buildings and Structures)
-
Accessory Unenclosed Storage
-
Office
-
Off Street Parking and Loading
Discretionary Use
-
Industrial Light
Prohibited Use
-
Hazardous Industry
-
Storage of Used and Shredded Tires and other rubber materials
34.3
CONDITIONS OF USE
1. No further development of Heavy Industrial designated and/ or zoned lands shall occur until
an environmental site contamination assessment of the lands has been undertaken and
remedial recommendations addressed to the satisfaction of the Authority.
2. A development proposal in the future for IH zoned lands shall address the Part 4
Development Design Guidelines of the Development Regulations, and submit site plan
information to the Authority for evaluation of the proposed industrial use, including
preliminary information on the proposed land use activity, proposed buildings and site
226
design, projected employment levels, water and sewer servicing requirements, and value of
land improvements to the site, and following the initial evaluation review by the Authority,
more substantive and detailed business and site design detail may be required from the
proponent.
3. Site land use management regulations for permitted and accessory uses, building form and
site design, and building site density detail including building height, setbacks, lot coverage
and lot frontage and lot depth requirements shall be determined by the Authority following
review and analysis of the preliminary and more detailed site plan information submission
from a proponent seeking to utilize IH zoned property; and,
4. All relevant provincial and other government requirements for use of IH land shall be
addressed and resolved by a proponent, including any issues related to potential soil
contamination and reclamation. This would require consultation with the Pollution
Prevention Branch of the Department of Environment, Climate Change and Municipalities.
An Environmental Site Risk Assessment would need to be prepared by a registered
professional before site can be used in order to determine what uses are appropriate.
34.4
IH ZONE AND PRINCIPAL BUILDING(S) DEVELOPMENT
STANDARDS REQUIREMENTS
Development Standard
Minimum Zone Requirement
Minimum Lot Area Size
8.1 ha
Minimum Setback from any non-developable area of the site
(Environmental Sensitive Area, Hazard Lands)
60 m
-
All other building setback, building height and siting criterion shall be determined by the
Authority on a case specific basis and upon review consideration of a site development
proposal submission.
34.5 IH ZONE REQUIREMENTS FOR ACCESSORY BUILDING
DEVELOPMENT STANDARDS
Accessory Building development standards and requirements for building size, setbacks, lot
coverage and height for the IH zone will be determined on a case by case basis by the Authority,
and shall in the minimum be in accordance with the provisions of Regulation 28.5 Zone
Requirements for Accessory Building Development Standards.
227
34.6
IH ZONE SITE DESIGN
1. All future development in the IH zone shall site buildings and storage uses in a manner to
enhance the visual quality of the site, and to maintain the aesthetic character of the
immediate neighbourhood area and overall community appearance, through the use of
significant and substantial site landscape improvements, including the planting of trees at 6
m spacing within a landscape screen of shrubbery and other planting materials on the lot
lines of all adjacent streets and inclusion of a landscaped front entrance to the site;
2. Site and building development on an IH zoned property shall be designed to provide for a
functional business layout while maintaining an attractive building façade to the adjacent
street, providing for quality site landscaping and minimizing unsightly outside storage, and
be in accordance with the design guidelines identified within Regulation 45.0 Industrial
Development Design Guidelines;
3. Site land use management regulations for permitted and accessory uses, building form and
site design, and building site density detail including building height, setbacks, lot coverage,
and lot frontage and lot depth requirements shall be determined by the Authority following
review and analysis of the preliminary and more detailed site plan information submission
for a future IH use; and,
4. Use of site lighting shall not result in glare to offsite land uses such as residential.
34.7
OFF STREET PARKING AND LOADING
Requirements for off street parking and for loading shall be in accordance with Regulation 11.0
Off Street Parking Requirements and Regulation 12.0 Off Street Loading Regulations of the
Development Regulations.
228
229
35.0 COMPREHENSIVE DEVELOPMENT AREA (CDA) -
RESIDENTIAL CLUSTER AND MULTI-UNIT ZONE
35.1 COMPREHENSIVE DEVELOPMENT AREA ONE (CDA-1)
35.1.1 ZONE INTENT
The intent of the Comprehensive Development Area One Zone is to provide for comprehensive
land use management direction and planning design focus to an approximate 40 ha portion of
property that is strategically located on the north side of the Trans-Canada Highway, to the west
of Scott Avenue, and to the south of Grenfell Heights.
35.1.2 USES OF LAND
Permitted Uses
-
Environmentally Sensitive Area (subject to the provisions of Regulation 35.1.3 (1),
Conditions of Use)
-
Multi Unit Residential
-
Industrial Light (subject to Regulation 35.1.3 (3) Conditions of Use)
-
Commercial Neighbourhood (subject to Regulation 35.1.3 (4) Conditions of Use)
-
Recreation and Open Space
Accessory Use
-
Off Street Parking and Loading and as determined by actual ultimate Uses
Discretionary Uses
-
Civic Use
-
Hotel Use
-
Service Station
-
Mineral exploration
Prohibited Uses
-
Industrial Special
-
Accessory building-shipping container
230
35.1.3 CONDITIONS OF USE
1. Prior to any land development consideration of the CDA-1 site, the Authority will require a
comprehensive environmental assessment of the entire property to ascertain which
portions of the site are to be preserved, and designated and zoned as Environmentally
Sensitive Area, and which areas of the property possess potential for land development;
2. A Cluster Residential Development for the property will provide for preservation of the
sensitive environmental lands and allow for varied densities of single family residential lots,
including bare land strata parcels, and multi-unit residential development on the remaining
developable lands;
3. Employment generating uses in the form of high quality, well designed and low impact IL
uses for the CDA-1 zone may be pursued on the south portion of the property following a
comprehensive 'best environmental practices' approach to land development, and shall not
include a single development proposal for one use;
4. Commercial Neighbourhood use of the property shall be only pursued in conjunction with a
Cluster Residential Development for the property;
5. All development proposals for the CDA-1 zone shall be considered for review through the
Development Design process in accordance with Regulation 46.0 Comprehensive
Development Area Design Guidelines. This may include submission of varied site plan
information to the Authority for evaluation of the proposed use and site development,
including such issues as preliminary information on the intended site development size and
location, proposed site layout and building design - site and building development phasing -
comprehensive site landscaping provisions - amenity design features, targeted site density,
parking area configuration, access/ egress locations and transportation access thereto,
community benefit of the development, related projected employment levels, capacity of
off-site infrastructure services and proposed water/ sewer/ and stormwater management
systems, and overall value of land improvements to the site, and following review by the
Authority, more substantive, specific and detailed site design detail may be required from
the proponent;
6. Site land use management regulations for additional permitted and accessory uses, and
additional building site density detail including minimum lot area, building height, setbacks,
lot coverage, and lot frontage and lot depth requirements shall be determined by the
Authority following review and analysis of the preliminary and more detailed site plan
231
information submission from a proponent seeking to utilize the property, or portions
thereof, for the CDA-1 use; and,
7. All relevant provincial and other government requirements for CDA-1 use of the property
shall be addressed and resolved by the proponent prior to consideration of CDA-1
development by the Authority.
35.1.4 OFF STREET PARKING AND LOADING
Requirements for off street parking and for loading shall be in accordance with Regulation 11.0
Off Street Parking Requirements and Regulation 12.0 Off Street Loading Regulations of the
Development Regulations.
232
233
35.2 COMPREHENSIVE DEVELOPMENT AREA TWO (CDA-2)
35.2.1 ZONE INTENT
The intent of the Comprehensive Development Area Two Zone is to provide comprehensive land
use management direction and superior site design attention to a strategically situated,
approximate 5 ha portion of property that is located north of Scott Avenue and to the east of
Railway Road.
35.2.2 USES OF LAND
Permitted Uses
-
Multi Unit Residential
-
Townhouse Residential
-
Apartment Residential
Accessory Uses
-
As determined by the Authority upon ultimate end uses and densities of the site
Discretionary Uses
-
Commercial Neighbourhood (subject to Regulation 35.2.3 (4) Conditions of Use)
-
Mineral exploration
Prohibited Uses
-
Accessory building - shipping container
-
Industrial Special
-
Commercial General
35.2.3 CONDITIONS OF USE
1. Prior to site development consideration of the property, an evaluation of slope stability,
storm water drainage options, infrastructure servicing alternatives, off site infrastructure
capacities, and potential presence of protected archaeological sites shall be undertaken;
2. Higher density residential use of the property in the form of Cluster, Townhouse or
Apartment Uses shall consider a comprehensive site plan for development, and may include
other land uses that complement the primary residential use of the land;
234
3. A superior level of site design aesthetics shall preserve the natural view corridors of the
property to the Exploits River, and provide for a high level of streetscape design to Scott
Avenue;
4. Commercial Neighbourhood use may be considered upon development of the said future
residential lands;
5. All development proposals for the CDA-2 zone shall be considered by the Authority through
the Development Design process in accordance with Regulation 46.0 Comprehensive
Development Area Design Guidelines. This may include submission of varied site plan
information to the Authority for evaluation of the proposed use and site development,
including such issues as preliminary information on the intended site development size and
location, proposed site layout and building design - site and building development phasing -
comprehensive site landscaping provisions - amenity design features, targeted site density,
parking area configuration, access/ egress locations and transportation access thereto,
community benefit of the development, related projected employment levels, capacity of
off-site infrastructure services and proposed water/ sewer/ and stormwater management
systems, and overall value of land improvements to the site, and following review by the
Authority, more substantive, specific and detailed business and site design detail may be
required from the proponent;
6. Site land use management regulations for additional permitted and accessory uses, and
additional building site density detail including minimum lot area, building height, setbacks,
lot coverage, and lot frontage and lot depth requirements shall be determined by the
Authority following review and analysis of the preliminary and more detailed site plan
information submission from a proponent seeking to utilize the property, or portions
thereof, for the CDA-2 use; and,
7. All relevant provincial and other government requirements for CDA-2 use of the property
shall be addressed and resolved by the proponent prior to consideration of CDA-2
development by the Authority.
35.2.4 OFF STREET PARKING AND LOADING
Requirements for off street parking and for loading shall be in accordance with Regulation 11.0
Off Street Parking Requirements and Regulation 12.0 Off Street Loading Regulations of the
Development Regulations.
235
36.0 COMPREHENSIVE DEVELOPMENT AREA-RESIDENTIAL
(CDA-R)
36.1 ZONE INTENT
The intent of the Comprehensive Development Area-Residential is to protect areas for future
residential use where development will only proceed when a comprehensive land use
management and planning design plan has been prepared.
36.2 USES OF LAND
Permitted Uses
-
Environmentally Sensitive Area (subject to the provisions of Regulation 36.3 (1), Conditions
of Use)
-
Commercial Neighbourhood (subject to Regulation 36.3 (2) Conditions of Use)
-
Recreation and Open Space
-
Conservation
Accessory Use
-
Off Street Parking and Loading and as determined by actual ultimate Uses
Discretionary Uses
-
Mineral exploration
Prohibited Uses
-
Accessory building - shipping container
36.3 CONDITIONS OF USE
1. The preparation of a Comprehensive Development Area plan is required before any
development can proceed. The subdivision chapter of the regulations apply. Prior to any
land development consideration of the CDA-R site, the Authority will require a
comprehensive environmental assessment of the entire property to ascertain which
portions of the site are to be preserved, and designated and zoned as Environmentally
Sensitive Area, Recreation Open Space and Conservation, and which areas of the property
possess potential for land development;
236
2. All development proposals for the CDA-R zone shall be considered for review through the
Development Design process in accordance with Regulation 46.0 Comprehensive
Development Area Design Guidelines. This may include submission of varied site plan
information to the Authority for evaluation of the proposed use and site development,
including such issues as preliminary information on the intended site development size and
location, proposed site layout and building design - site and building development phasing -
comprehensive site landscaping provisions - amenity design features, targeted site density,
parking area configuration, access/ egress locations and transportation access thereto,
community benefit of the development, related projected employment levels, capacity of
off-site infrastructure services and proposed water/ sewer/ and stormwater management
systems, and overall value of land improvements to the site, and following review by the
Authority, more substantive, specific and detailed site design detail may be required from
the proponent;
3. Any Residential use zone in these Regulations which will require an amendment to the
Development Regulation. Consideration of a new residential zone which would then require
both an ICSMP amendment and a Development Regulations amendment. Site land use
management regulations for additional permitted and accessory uses, and additional
building site density detail including minimum lot area, building height, setbacks, lot
coverage, and lot frontage and lot depth requirements shall be subject to the approval of
the Town following review and analysis of the comprehensive plan.,
36.4 OFF STREET PARKING AND LOADING
Requirements for off street parking and for loading shall be in accordance with Regulation 11.0
Off Street Parking Requirements and Regulation 12.0 Off Street Loading Regulations of the
Development Regulations.
237
37.0 PUBLIC USE ZONE (PU)
37.1
ZONE INTENT
The intent of the Public Use Zone is to provide for public assembly, civic uses, cultural, religious,
educational facilities, health care and senior care services and facilities within the community.
37.2 USES OF LAND
Permitted Uses
-
Adult Care Facility
-
Assembly (subject to the provisions of Regulation 37.3 (1), Conditions of Use)
-
Cemetery
-
Church
-
Civic (subject to Regulation 37.3 (2) Conditions of Use)
-
Cultural
-
Detention and Correctional Facilities (as defined by Public Use)
-
Hospital
-
Personal Care
-
Public Use
-
School and College
Accessory Uses
-
Accessory Building, except shipping container (subject to Regulation 7.5 Accessory Buildings
and Structures)
-
Child Care Centre (subject to Regulation 37.3 (3) Conditions of Use)
-
Enclosed Storage
-
Office (subject to Regulation 37.3 (4) Conditions of Use)
-
Off Street Parking and Loading (subject to Regulation 37.3 (5) Conditions of Use)
Discretionary Use
-
Dwelling Unit (subject to Regulation 37.3 (6) Conditions of Use)
-
Medical Office/Medical Clinic
-
Mineral exploration
238
Prohibited Uses
-
Accessory building - shipping container
-
Commercial
-
Industrial
37.3 CONDITIONS OF USE
1. An Assembly Use shall not be permitted on a lot less than 1,200.0 m2;
2. A Civic Use for a corrections or rehabilitation use for more than 10 beds shall not be
permitted on a lot less than 0.4 ha within the Urban Development Area and shall be located
on a site approved by Council;
3. A Child Care Centre shall only occur as an accessory use to a Principal Use on a lot, such as a
child care program within a college setting;
4. An Office use shall be directly related to the principal use of the building in which the Office
Use is located;
5. The parking area for an Off-Street Parking Use shall not exceed 40% of the lot area;
6. A Dwelling Unit for a residential use shall be limited to one per property, and shall be solely
for a caretaker, employee, as a rectory to a church, or similarly related to the principal use,
and shall be sited in accordance with the provisions of an applicable RS zone use; and,
7. All new developments shall be considered through the Development Design process in
accordance with Regulation 47.0 Public Use Development Design Guidelines, and be subject
to the design guidelines for site layout, building appearance, landscaping, signage, and
parking.
239
37.4 PU ZONE AND PRINCIPAL BUILDING(S) DEVELOPMENT
STANDARDS REQUIREMENTS
Development Standard
Minimum Zone Requirement
Minimum Lot Area Size
Urban Development Area site
Site located outside of Urban Area
929.0 m2
0.6 ha
Minimum Lot Frontage
25 m
Minimum Setback from Any Lot Line
Adjoining a Residential Use
Adjoining a Commercial Use
7.5 m
6 m
Minimum Lot Line Setback from other uses
Minimum Setback from Front Lot Line
Minimum Setback from Rear Lot Line
Minimum Setback from Side Lot Lines
6 m
6 m
6 m
Minimum Setback from any non-developable area
of the site (Watercourse, Wetland)
15 m
Maximum Height of Principal Building
30 m
Maximum Height of Accessory Building
6m
37.5 PU ZONE REQUIREMENTS FOR ACCESSORY BUILDING
DEVELOPMENT STANDARDS
Accessory Building development standards and requirements for building size, setbacks, lot
coverage and height for the PU zone will be determined on a case by case basis by the
Authority, and shall in the minimum be in accordance with the provisions of Regulation 28.5
Zone Requirements for Accessory Building Development Standards.
37.6 OFF STREET PARKING AND LOADING
Requirements for off street parking and for loading shall be in accordance with Regulation 11.0
Off Street Parking Requirements and Regulation 12.0 Off Street Loading Regulations of the
Development Regulations.
240
241
38.0 RECREATION AND OPEN SPACE ZONE (ROS)
38.1 ZONE INTENT
The Intent of the Recreation and Open Space Zone is to accommodate parks, playing fields and
varied recreation facilities.
38.2 USES OF LAND
Permitted Uses
-
Campground (subject to the provisions of Regulation 38.3 (1) Conditions of Use)
-
Civic Use (subject to Regulation 38.3 (2) Conditions of Use)
-
Park
-
Recreation and Open Space
Accessory Uses
-
Accessory Building, except shipping container (subject to Regulation 7.5 Accessory Buildings
and Structures)
-
Advertisement and Signs (subject to 38.3(3) Conditions of Use and Council Policy on Signs
and Advertisements)
-
Assembly (subject to Regulation 38.3 (4) Conditions of Use)
-
Off Street Parking
Discretionary Use
-
Accessory building, shipping container (subject to Regulation 7.5 Accessory Buildings and
Structures)
-
Dwelling Unit (subject to Regulation 38.3 (5) Conditions of Use)
-
Mineral exploration
-
Seasonal residential (subject to Regulation 38.3.(6) Conditions of Use)
Prohibited Uses
-
Commercial
-
Industrial
242
38.3 CONDITIONS OF USE
1. A Campground Use, and including a marina, shall be maintained and operated by the
Municipality or a provincial authority;
2. A Civic Use shall be limited to the following uses in the ROS zone:
-
Swimming pool
-
Exhibition or fairgrounds
-
Public recreation facility and public washroom
-
Heritage Committee
3. Advertisements and Signs shall be limited to the principal use; and,
4. Assembly uses shall be limited to those uses related to recreation and open space activities.
5. A Dwelling Unit for a residential use shall be limited to one per property, and shall be solely
for a caretaker, employee, as a rectory to a church, or similarly related to the principal use,
and shall be sited in accordance with the provisions of an applicable RS zone use;
6. Seasonal residential use is only allowed in a planned development, and may include rental
cottages, and cottages are not allowed on an ad hoc basis.
38.4 SITE DENSITY AND SITING
1. Within the ROS zone, there shall be no regulation provisions for minimum lot area, lot
frontage or for lot coverage;
2. All Principal Buildings shall be sited no closer than 6 m from all lot lines;
3. Accessory Buildings shall be sited a minimum of 7.5 m from the front and rear lot lines, and
4.5 m from the interior and interior side lot lines; and,
4. Dwelling Unit, where permitted, shall be sited no closer than 6 m to all lot lines.
38.5 BUILDING HEIGHT
1. The height of a principal building or structure shall not exceed 18 m;
2. The height of accessory buildings shall not exceed 11 m; and,
3. A Dwelling Unit, where permitted, shall not exceed a height of 10 m.
38.6 OFF STREET PARKING
Requirements for off street parking and for loading shall be in accordance with Regulation s 11.0
and 12.0 of the Development Regulations.
243
39.0 ENVIRONMENTALLY SENSITIVE AREA (ESA)
39.1 ZONE INTENT
The intent of the Environmentally Sensitive Area zone is to provide for a new zone to protect
and preserve lands with environmentally sensitive features, including where feasible on
particular sites in partnership with Eastern Habitat Joint Ventures and other land stewardship
and preservation organizations.
39.2 USES OF LAND
Permitted Use
-
Environmentally Sensitive Area
Accessory Use
-
Accessory Building (subject to the provisions of Regulation 39.3 (1) Conditions of Use),
except shipping container (subject to Regulation 7.5 Accessory Buildings and Structures)
-
Advertisement and Signs (subject to Regulation 39.3 (2) Conditions of Use and Council Policy
on Signs and Advertisements)
-
Off Street Parking (subject to Regulation 39.3 (3) Conditions of Use)
Discretionary Use
-
Recreation and Open Space (subject to Regulation 39.3 (4) Conditions of Use)
Prohibited Uses
-
Accessory building, shipping container
-
Commercial
-
Industrial
-
Residential
39.3 CONDITIONS OF USE
1. An Accessory Building may only be permitted within a developable area of a lot, adjacent to
the environmentally sensitive portion of the site;
2. Advertisements and Signs shall be limited to public environmental education information
and directional signs related to public trails;
244
3. Off street parking shall only be permitted on the developable area of the lot, adjacent to the
environmentally sensitive portion of the site; and,
4. Recreation and Open Space uses shall be limited to a pedestrian trail system sited at the
edge of the environmentally sensitive areas, as approved by the Authority.
39.4 SITE DENSITY, SITING AND BUILDING HEIGHT
The placement of buildings adjacent to the environmentally sensitive lands shall observe a
minimum 15 m setback, and all other siting and density considerations will be determined on a
case specific basis by the Authority.
39.5 OFF STREET PARKING
Off street parking shall be in accordance with Regulation 11.0 Off Street Parking Requirements,
except that the parking area is not required to be paved, and design of the parking area shall
further address site drainage issues from the parking lot to preserve the integrity of the
environmentally sensitive lands.
245
40.0 CONSERVATION ZONE (CON)
40.1 ZONE INTENT
The intent of the Conservation Area Zone is to preserve lands for viewscapes along major road
corridors including the Trans-Canada Highway, for future lands to be considered for
environmentally sensitive lands zoning, such as the Habitat Stewardship area, and associated
uses recreation and open space uses consistent with the concept of conservation.
40.2
USES OF LAND
Permitted Uses
-
Conservation
-
Public Services
-
Environmentally Sensitive Area
Accessory Uses
-
Advertisements and Signs (subject to Council Policy on Signs and Advertisements and the
signage provisions of the NL Ministry of Transportation and Highways)
Discretionary Use
-
Recreation and Open Space (subject to Regulation 40.3 (2) Conditions of Use)
Prohibited Uses
-
Accessory building-shipping container
-
Commercial
-
Industrial
-
Residential
40.3 CONDITIONS OF USE
1. No land or building development shall occur within the CON zone, except as permitted by
the Authority; and,
2. Recreation and Open Space uses shall be limited to consideration by the Authority of
development of a pedestrian trail.
246
247
PART IV: DEVELOPMENT DESIGN GUIDELINES FOR
INTENSIVE RESIDENTIAL, MULTI-UNIT
RESIDENTIAL, COMMERCIAL, INDUSTRIAL,
COMPREHENSIVE DEVELOPMENT AND
PUBLIC USE SITE DEVELOPMENT
PROPOSALS
41.0 DEVELOPMENT DESIGN GUIDELINES
41.1
PURPOSE OF DEVELOPMENT DESIGN GUIDELINES
The Development Design Guidelines support the goals of the Municipal Integrated Community
Sustainability Plan of building livable neighbourhoods, enhancing the visual appearance of the
community and focusing on overall community growth, rather than only development of land.
The guidelines are established to achieve the following:
1. A high standard of livability in both residential and non-residential areas;
2. A high standard for new building form and character by incorporating basic design elements
for site planning, building appearance, building materials, energy efficiency and specifically
limiting development practices such as building massing;
3. A high-quality public realm with new developments through emphasis on site landscaping,
planting of trees, creation of open spaces, giving attention to the pedestrian and minimizing
site signage; and,
4. A more enhanced sense of place with new developments by retaining natural features and
vegetation, and maintaining local history through the use of architectural design elements
41.2 APPLICATION
1. The guidelines identify general design criteria for specific types of new developments to
follow and form a basis for Council to review and consider approval of new building
development before a building permit is issued and site construction begins;
248
2. Where deemed required by Council, Development Design applicants are to review the
guidelines and incorporate the design intent within their proposed development, and
provide a statement of rationale to the Authority how the guidelines have been adhered to;
3. At the discretion of Council, certain design guidelines may be waived;
4. In the event of a conflict between the Development Design Guidelines and the requirements
outlined within the individual zone categories of the Development Regulations, the latter
shall take precedent.
41.3 GENERAL PROVISIONS
All development proposals for higher intensity uses of land, including projects for intensive
residential housing of RS-1 single unit compact lots and RT duplexes, multi-unit residential,
commercial, industrial, comprehensive development and public uses, and building additions
greater than 111.48 m2 to existing multi-unit residential, commercial, industrial, comprehensive
development and public use buildings, shall be reviewed by the Authority as to the requirement
for consideration review of the Development Design Guidelines. The intent is for design of all
development proposals to be in general accordance with the applicable design guidelines of
Regulations 41.0 to 48.0, and the applicant shall provide to the Authority for review and
evaluation, the proposed property development details as follows:
1. Site plan information in accordance with Regulation 8.1 (3);
2. Comprehensive site layout development information including principal and accessory
buildings siting, parking configuration, unenclosed storage and landscaped areas;
3. Building façade and design appearance, and building elevation drawings;
4. Site landscape plan; and,
5. Signage detail.
41.4 COMPREHENSIVE SITE LAYOUT DEVELOPMENT INFORMATION
In addition to the site plan information submitted in accordance with Regulation 8.1 (3), at the
discretion of Council, a land development applicant shall provide the following information on
the proposed site development:
1. Identification of Developable Area of site;
2. Proposed siting of new buildings, or additions, including building square footage area size,
building height, and setback distances to property lines;
3. Building lot area coverage and floor area ratio where applicable;
249
4. Total number of proposed multi-unit residential dwellings, or strata unit commercial and/or
industrial units, and interior floor plans;
5. Layout drawing of proposed parking area, total number and size of parking spaces and
maneuvering aisles, access and egress locations to parking area, provisions for bicycle
parking where applicable, landscape screening for parking areas and storm water drainage
management;
6. Identification of outdoor amenity and open space improvement areas;
7. Identification of unenclosed storage areas and area size; and,
8. Overview of landscaping treatment and approach for the site development.
41.5 BUILDING DESIGN
In addition to the information provided in accordance with Site Plan property detail and to
address the Development Design Guidelines, at the discretion of Council, a land development
applicant shall provide in the minimum, in whole or in part, the following building design
information on the proposed site development:
1. The front, rear and building side elevation views of all buildings proposed for the site;
2. Detailed building design articulation elements such as for the front entrance, facades, roof
lines, cornices and window placement and trim, and design attention to the building form
and character to avoid monotony of design, use of blank walls and massing of the building;
3. Building materials and colour schemes;
4. Coordination of design of all buildings on site, and integration with the design character of
the adjacent neighbourhood;
5. Integration of site design elements of landscaping, parking and amenity areas with building
design; and,
6. A statement of rationale of how the proposed building design meets the intent of the design
guidelines.
250
41.6 LANDSCAPE PLAN
In addition to the site design information on a proposed site development that is provided, at
the discretion of Council, a land development applicant shall provide in a minimum, in whole or
in part, the following landscape plan information on the proposed site development:
1. Landscape plans shall be for the entire site and shall include all proposed new plantings of
hedges, shrubbery, trees, flowering plants, groundcover and grass areas, and non-vegetative
elements as well as existing landscaping, including trees proposed to be retained;
2. Landscape improvements shall include those identified minimum landscape requirements
within the applicable zone category for the proposed use;
3. Landscape plans shall focus on the front and exterior side yard areas to the adjacent streets,
on the front entrance to the principal building and on landscape treatments that
complement the exterior of the principal building;
4. Landscape plans shall additionally provide for screening of unenclosed storage areas, to
minimize offsite glare from vehicle lights from the parking area, to screen rooftop heating,
ventilation and air conditioning systems, and to provide for privacy and separation from
adjacent land uses;
5. All site developments shall provide for landscaping between the asphalt area of the parking
area and the building face;
6. Landscape plans are to include all proposed fences, masonry walls and landscape berms;
and,
7. A statement of rationale of how the proposed landscape design meets the intent of the
design guidelines.
41.7 SIGNAGE DETAIL
In addition to the site design and landscape information provided on a proposed site and
building development, at the discretion of Council, a land development applicant shall provide,
in whole or in part, the following signage detail information on the proposed site development:
1. Signage design shall be in accordance with Council's Policy on Signage and Advertisements;
251
2. Signage shall be complimentary to the overall site, building and landscape design for the
development project;
3. Multi-tenant use of a commercial, industrial or comprehensive development zone site, shall
utilize one shared sign;
4. Decorative landscape treatment to the base of site signage shall be incorporated with the
landscape plan for the development; and,
5. A statement of rationale of how the proposed signage detail meets the intent of the design
guidelines.
41.8 DEVELOPMENT DESIGN APPROVAL
Review and approval consideration by the Authority of a proposal's compliance to the
Development Design Guidelines shall be subject to the following conditions:
1. The procedural process for consideration of Approval of the Development Design
application shall be established by the Authority, and shall be in compliance with the Urban
and Rural Planning Act, 2000;
2. Development Design Approval consideration may occur in conjunction with the Authority's
consideration of approval of a rezoning application for the same property;
3. The Development Design Approval shall be valid for a two-year period from the date of
Approval by the Authority;
4. Upon expiration of the two-year period, and in the absence of an extension from the
Authority, a new application for Development Design Approval will be required;
5. No Building Permit for a development subject to a Development Design Approval shall be
issued except in compliance to the approved Development Design;
6. All site, building, landscape and signage detail approved by the Authority for the
Development Design shall be adhered to in site construction and development, except for
minor changes as subsequently approved by the Authority; and,
7. A Landscape Letter of Credit to ensure suitable growth and adaptation of the landscape
planting materials as part of the site development may be required by the Authority.
252
253
42.0 INTENSIVE RESIDENTIAL DESIGN GUIDELINES
42.1 DEVELOPMENT DESIGN INTENT
The intent of design guidelines for RS-1 compact
single unit residential lots, Infill-Residential lots, and
RT duplexes is to address house and siting design so
as to successfully integrate the smaller lot size
development and two-unit residential uses into
predominant single family residential
neighbourhoods. The design process will entail
Council approval.
42.2 DESIGN OBJECTIVES
1. To facilitate a high standard of building design, site compatibility and site aesthetics that
lead to neighbourhood cohesiveness;
2. To minimize the impact of intensive residential development on existing neighbourhoods;
3. To provide for a mix of housing forms, choices, densities and affordability opportunities for
residents;
4. To pursue a more sustainable form of residential development in Grand Falls-Windsor
through economic efficient growth patterns of capitalizing on existing urban services and
infrastructure; and,
5. To promote a neighbourhood environment that focuses on social interaction and pedestrian
mobility.
42.3 DEVELOPMENT DESIGN GUIDELINES
1. All RS-1, Residential-Tiny, Little, and RT lot, house and landscape design shall consider
traditional housing design of existing homes located on the periphery of the High Street area
downtown, Craftsman housing designs, pitched roofs and similar local historic building
forms as a basis for the form and character of developing intensive residential homes within
existing neighbourhoods;
254
2. All compact and duplex lot houses shall have their principal façade and entry facing the
front lot line and the street;
3. The front façade of the residential house shall not be blank but shall include prominent and
identifiable design articulation building forms and features such as appurtenances, porches,
verandas and stoops so as to promote the home's exterior living space and street
orientation to enhance social interaction and contribute to the ambiance of the
neighbourhood;
4. Columns and posts at the front entry shall be spaced no farther apart than they are tall;
5. The front facades of compact and duplex homes should be finished with more than one
finish material, and where more than one material is used, traditionally heavier materials
such as stone and brick shall be located below lighter building materials such as wood, and
fiber cement board;
6. Unless designed as a continuous architectural theme, adjacent compact and duplex lot
buildings shall be visually distinct from each other;
7. At least two of the following design elements should vary for each adjacent compact and
duplex residential building along a street: (a) building materials; (b) roofline; (c) windows;
(d) building recesses; (e) building setbacks; (f) height; (g) entries; (h) colour; (i) building
form; or (j) architectural details.
8. Use of wood and materials such as hardi-board for building cladding, and incorporation of
other architectural details such as to accent window trim and doorways, and cornices, is
encouraged;
9. Use of heritage colors is encouraged;
10. Downspouts should match rain gutters in material and finish, and where feasible all roof
drains should be recharged into the site;
11. Parking shall be provided on-site within garages or where parking is to be accommodated at
the front of the house, if unenclosed, the area shall be landscaped;
12. All buildings should reflect environmentally responsible design and construction practices,
and include consideration of the Energy Star program;
255
13. All areas of a compact or duplex lot located outside of the building envelope shall be fully
landscaped and maintained with grassed areas, a variety of shrubs, hedges, and flowering
plants, and a minimum of one street tree in the front yard area;
14. Energy efficiency and conservation should be considered in the design of landscaped areas
and in the selection of plantings through:
-
Retention of existing mature trees and vegetation where feasible;
-
The use of native and/ or drought resistant plant species;
-
Designing the landscaping to moderate the effect of the wind, to provide shade
in the summer and to allow daylight into residential dwellings; and,
-
Allowing natural drainage and permeation throughout the site.
15. Fences, garden walls or hedges should be used along all side lot lines, and lot lines which
abut alleys; and,
16. The front yard area of the lot shall provide for an attractive landscape area and a pleasing
streetscape view.
256
257
43.0 MULTI-UNIT RESIDENTIAL DESIGN GUIDELINES
43.1 DEVELOPMENT DESIGN INTENT
The intent of development design for multi-unit residential developments is to promote orderly
and compatible development of higher density residential forms of housing within the urban
area by facilitating a high standard of building design, livability and site aesthetics, and
minimizing potential conflicts with existing residential neighbourhoods.
43.2 DESIGN OBJECTIVES
1. To facilitate a high standard of building design, site compatibility and site aesthetics that
lead to neighbourhood cohesiveness;
2. To minimize the impact of multi-unit residential development on existing neighbourhoods;
3. To provide for a mix of housing forms, choices, densities and affordability opportunities for
residents. Single Family and Two Unit Residential uses are permitted, and where applicable,
shall comply with the design intent outlined within Regulation 42.
4. To pursue a more sustainable form of residential development in Grand Falls-Windsor
through economic efficient growth patterns of capitalizing on existing urban services and
infrastructure; and,
5. To encourage residential development densities that can support the community's
commercial land uses and help to improve over the longer term, specific commercial nodes
such as the Main Street downtown area.
43.3 BUILDING DESIGN GUIDELINES
1. Design and siting of multi-unit residential buildings shall seek to preserve and maximize
views of the existing neighbourhood, to enhance privacy and livability of the
neighbourhood, to add attractive residential design to the neighbourhood, and to not
overwhelm the character of the neighbourhood;
2. All multi-unit residential projects, especially those for congregate care, shall include
provisions for universal accessibility including power assisted door openers, wide doorways,
258
weather protection and exterior safety lighting, as well as specific dwelling unit design
considerations;
3. Building materials, colour and architectural design of all multi-unit residential projects
should complement the existing neighbourhood character and the natural landscape;
4. A common architectural theme of building form and character is encouraged to be used
throughout the residential project while emphasizing strong individual dwelling unit identity
through smaller design components;
5. The livability of all new multi-unit residential dwelling units with regard to views and
sunlight shall be considered in the building design through utilization of staggered building
elevations, having all units above grade, and locating landscaped open spaces next to
windows and adjacent buildings;
6. All multi-unit residential developments are to face the street, or give the appearance of
facing the street, so as to provide an attractive street front orientation through attention to
the building façade, unique building entrances, landscaping and fence treatment along the
street;
7. Multi-unit residential developments adjacent to lower density residential homes shall create
a transition in building mass and form, and where feasible, concentrate density to the
centre of the development site, and locate lower density components of the development
adjacent to nearby lower density residential homes;
8. Buildings that are more than two storeys in height should be set back further than adjacent
one and two storey houses so that the multi-unit residential buildings seem smaller from
the street;
9. Clustering of buildings on sites with environmentally sensitive areas or significant natural
areas is encouraged;
10. Small clusters of Townhouse units are a preferred design for Townhouse developments;
11. Townhouse developments that contain more than three units per structure should provide
variation in building facades to help reduce the visual length of individual buildings, and
incorporate design components such as porch covered and ground level door entries that
259
express strong individual unit identity so as to avoid significant repetition in adjacent
dwelling units;
12. Multi-unit residential buildings shall avoid large expanses of any one building cladding
material, and shall incorporate architectural detail design elements that break up building
massing through incorporation of variation in colour, recesses and articulation such as
chimneys, projections and balconies, strategically placed windows and doors, use of varying
building materials, and attention to appropriate and compatible roof forms to reduce and
provide relief to building monotony;
13. Blank and/or flat building facades on all sides of a multi-unit residential development shall
be avoided through the differentiating design articulation attention to wall lines and
texture, use of protrusions such as bay windows, and innovative use of building materials;
14. Balconies and ground level patios of multi-unit residential buildings shall be designed with
initial attention to the usability of the space by the resident, and secondly to the overall
design of the building to ensure a cohesive attractive building image;
15. Recessed or semi-recessed balconies are preferred over projecting balconies that have the
appearance of being 'tacked on';
16. Adequate storage space should be provided within each multi-unit dwelling or within a
common area of a building so as to avoid 'clutter' of storage on balconies, patio areas and
garages;
17. The exposed undersides of balconies and porches that are visible from the street should be
covered with exterior finishes to provide a finished appearance to public view;
18. All proposed flat roofs shall have a prominent articulated cornice treatment;
19. Screening of mechanical equipment, especially mechanical systems sited on rooftops, is
encouraged and, wherever possible, integrated into the architecture of the development;
20. Pedestrian pathways, with adequate lighting and landscaping treatment, are encouraged
throughout multi-unit developments to connect the residential dwelling units with the site
parking areas, and with the sidewalks;
260
21. Site design elements such as park benches, formal open space courtyards, shade areas and
community gardens are encouraged with multi-unit residential sites;
22. Fencing for screening purposes should complement the overall site and building design by
being in short lengths, and constructed of materials similar to the building design, or of
decorative brick;
23. The size, height, location and design of multi-unit residential project name signs shall be
architecturally integrated into the overall design of the form and character of project
buildings; and,
24. Integration of Crime Prevention through Environmental Design (CPTED) principles and
design elements into building form and character considerations is required.
43.4 LANDSCAPE GUIDELINES
1. Attractive site landscaping that creates visual interest and identity, a pleasing street image,
and a buffer to adjacent land uses, must be incorporated into the design and development
of all multi-unit residential projects;
2. The intent for multi-unit residential sites is to maximize the amount of landscaped areas on
the site including retention of stands of mature trees, and to minimize the amount of
impervious surfaces so as to increase the natural absorption of rainwater of the site through
consideration of innovative practices such as incorporating vegetated swales and rain
gardens into the parking lot areas to capture and absorb rainwater runoff;
3. The frontage of new multi-unit residential developments should be entirely landscaped with
specific attention to providing deciduous street tree species and a variety of plant materials
and treatments, some of which should achieve substantial size at maturity, as well as non-
vegetative elements, and in creating visual landmarks of hard and soft landscaping features
on significant street corners and at locations of high visibility;
4. All multi-unit residential buildings should have immediately adjacent landscaped areas that
include shrubbery and flowering plants and non-vegetative elements;
5. The use of landscaping pockets of vegetation such as flowering shrubs within a well
maintained and cut grassed area is encouraged throughout the site, and in side yard and
perimeter areas of the site, the use of decorative brick walkways to open space elements
such as shade areas, park benches and formal courtyards is encouraged;
261
6. Large continuous open spaces on the site shall be used to serve as a landscaped buffer to
adjacent properties and buildings, and to provide privacy and access to sunlight for
residents;
7. In non-apartment multi-unit development sites, each dwelling unit shall be provided with its
own private open space, and landscape attention to the site shall delineate private open
space from the more public open space areas;
8. Use of attractive fencing materials, including decorative masonry walls, shall be
complimented by landscaping treatment at the base, but long monotonous lengths of
fencing are not encouraged; and,
9. Where on site community vegetable gardens are to be provided to residents, water from
rooftop runoff and downspouts should be redirected into rain barrels for later irrigation use,
or directly into vegetated areas.
43.5 DESIGN OF PARKING AREAS
1. Successful site design of multi-unit residential projects extends to blending the parking areas
of higher density residential developments into the overall site goals for form and character.
For apartment residential developments, wherever feasible, automobile parking is
encouraged to sited underground, and where parking for multi-unit residential projects is
not underground, surface paved parking areas will require design attention;
2. Pedestrian pathways that are clearly articulated and landscaped are encouraged to be
provided to safely connect the multi-unit residential buildings with the site's parking areas,
and to the sidewalks of the abutting streets.
3. Provision for bicycle parking and storage shall also be addressed.
43.6 SIGNAGE AND OTHER DESIGN CONSIDERATIONS
1. The size, height and design of multi-unit project name signs shall be architecturally
integrated into the overall design of the site buildings and landscaping; and,
2. Refuse collection containers and recycling storage areas are encouraged to be sited within
buildings, underground or in the minimum, fully enclosed with attractive fencing and
262
roofing, if necessary, that complements the principal building materials, or screened to an
adequate height by similar landscape treatment.
263
44.0 COMMERCIAL DEVELOPMENT DESIGN GUIDELINES
44.1 DEVELOPMENT DESIGN INTENT
The intent of development design for commercial projects is to promote enhanced landscaping,
increased opportunities for pedestrians and attractive and functional site and building design
within all new commercial development in Grand Falls-Windsor.
44.2 DESIGN OBJECTIVES
1. The form and appearance of new commercial buildings should reflect the desired character
and pattern of development in the local area of the community where the building is to be
constructed by incorporating appropriate architectural building styles, features, materials,
size and scale, and as compatible with the applicable commercial zone;
2. To encourage a high standard of site and building design to reflect the unique historical and
future focus of the community;
3. In order to reinforce the outstanding natural environment and forested setting of Grand
Falls-Windsor, extensive use of landscaping and general 'greening' of commercial sites will
be pursued;
4. Promote sustainable development with provision for the bicycle, streetscape trees,
reduction in impermeable surfaces and fostering local economic growth;
5. To facilitate a pedestrian scale with new commercial developments by reducing the building
setbacks to property lines, and bringing the stores closer to the street, providing for more
shade areas, rest benches and amenity areas with commercial developments, creating more
streetscape visual appeal, and making parking lot areas safer for the pedestrian; and,
6. To continue commercial development and economic growth within the High Street
downtown redevelopment precinct, including comprehensive land use and design
management of newly zoned Exploits River lands.
44.3 BUILDING DESIGN
1. While it is acknowledged that existing commercial developments in the community have
limited or no consistent building and landscape design pattern, new commercial
development is intended to be coordinated with regard to building siting, form and
264
character by encouraging a more aesthetically attractive and appealing streetscape and site
appearance;
2. Building form and character must include designing new buildings that are pleasant to look
at, by providing for design attention and variation to the storefront façade, roof lines,
exterior finish, colors and materials, and limiting the size and massing of buildings. Flat roof
lines, blank expanses of exterior walls, buildings that appear to be temporary structures and
asphalt paving that abuts the building face are commercial construction practices that are
not encouraged;
3. The streetscape created by new building forms should complement each other and those
existing buildings on adjacent sites, thereby avoiding monotony, but creating a positive
visual effect;
4. Exterior finishes of new commercial buildings should be wood, brick, finished and textured
concrete, natural stone or other materials of warm appearance. Substantial areas of
unfinished concrete or metal cladding should be avoided;
5. Significant corners of new commercial buildings should be given added design emphasis
with vertical architectural features and roof cornice elements;
6. Where a commercial building or development is located at a street intersection, the building
design appearance shall be orientated to have the building 'front' all the adjacent streets;
7. New building development should be sited to have the building frontage on the main street
alignment;
8. Buildings should be designed and located on a site to minimize impacts to adjacent land
uses such as residential, to preserve views, to retain mature trees, to setback from any
environmentally sensitive areas and retain natural vegetation, and to accommodate the
natural grades of the site as much as possible to ensure that minimal site grading is
required;
9. Within the CG zone, new commercial developments are encouraged to site closer to the
front lot line and provide for attractive storefront design through façade attention,
articulated window design and prominent store entry locations, and for enhanced
pedestrian elements such as widened walkways and rest benches and overhead weather
protection, and planting of deciduous street trees;
265
10. Large lot commercial developments within the CG zone shall provide for site development
of buildings that are coordinated with each other, and are connected by pedestrian sidewalk
linkages and incorporation of public spaces for open space amenity areas, public art, and
shade areas with rest benches;
11. Within the CH zone, site development will involve greater attention to the streetscape and
Trans-Canada Highway appearance of buildings and site landscaping, and while pedestrian
focus is not as pronounced as in the CG zone, superior site landscaping and an attractive
storefront façade and use of murals depicting the community's history, as approved by
Council, on exterior building walls are encouraged;
12. Commercial developments within the CN zone will involve the siting and design of buildings
to respect the residential character of the neighbourhood through a smaller commercial
scale of buildings, to provide for a design theme that is compatible with the neighbourhood,
significant site landscaping to provide for an effective transition from residential to
commercial land uses and attention to parking area design to prevent lighting glare spilling
over to residential areas;
13. Commercial growth through new building development and building renovation in the High
Street and Main Street CD zones will be encouraged to consider the historic elements and
character of these downtown commercial cores and integrate this existing character with
new design concepts through significant attention on the ground level storefront façade
width and height, storefront window patterns and placement, storefront entrances,
pedestrian weather protection, colors and materials, and to the building design treatment
of the second storey, to the roof lines and to the building sides to avoid massing, to lighting
for the building and signage;
14. CD development on the newly commercial zoned properties on the Exploits River lands shall
be part of an overall design concept plan for the area, and shall include site design that
incorporates significant open space amenities and building design that makes extensive use
of wood timbers and local materials;
15. All new Commercial building developments shall consider and provide for an attractive
streetscape view in conjunction with significant site landscaping, and convenient, well-lit
and safe pedestrian access from the parking area to the principal building;
266
16. All new commercial buildings shall also be designed from the perspective of universal access
for disabled and other persons and provide for multiple curbs let downs, power assisted
door openers, weather protection and other design elements;
17. Screening of mechanical equipment, especially mechanical systems sited on rooftops, is
encouraged and, wherever possible, integrated into the architecture of the development;
and,
18. Integration of Crime Prevention through Environmental Design (CPTED) principles and
design elements into building form and character considerations is required in the design of
all new and all significantly renovated commercial developments.
44.4
LANDSCAPE GUIDELINES
1. Attractive and substantial site landscaping that creates visual interest and identity, a
pleasing street and pedestrian image, acts a buffer to adjacent land uses, screens parking
and paved areas of the site, and emphasizes the natural environment character of Grand
Falls-Windsor, must be incorporated into the design and development of all commercial
development projects;
2. In addition to the landscaping objectives of Regulation 10.2 to 10.5, the intent for
commercial development sites is to maximize the amount of landscaped areas on the site
including retention of stands of mature trees, and to minimize the amount of impervious
surfaces so as to increase the natural absorption of rainwater of the site through
consideration of innovative practices such as incorporating oil-water separators in the catch
basins of parking lot drains to cleanse parking lot runoff waters before they enter
watercourses;
3. The frontage of new commercial developments, and other lot areas adjacent to a street,
except in the CD zone, should be entirely landscaped with a minimum 3 m wide landscape
boulevard to serve as the primary buffer area between the adjacent street and the paved
area of the site, with specific attention to providing within the landscape boulevard area,
deciduous street tree species and a variety of plant materials and treatments, some of
which should achieve substantial size at maturity, as well as non-vegetative elements, and in
creating visual landmarks of hard and soft landscaping features on significant street corners
and at locations of high visibility;
4. Street trees on a commercial site should be a minimum of 1.8 m in height at time of
planting, and planted at a ratio of one tree for every three parking spaces on site;
267
5. Use of hedges, floral displays, lawns with park benches, brickwork fences, shade areas and
ornamental lights is also encouraged to be included in the site landscape plan;
6. On large sites such as for shopping centre developments, landscaping is to also consider the
provision of public art or features such as water fountains and outside landscaped amenity,
courtyard or plaza areas;
7. Unenclosed storage areas are to be sited to the rear of buildings and screened by
landscaping or well-maintained fencing;
8. Large parking areas shall incorporate landscape features to create separated clusters of
parking spaces and enable safe pedestrian circulation; and,
9. A Landscape Letter of Credit may be required by the Authority from the Development
Design applicant to ensure successful planting of landscape material and ongoing
maintenance for a minimum two-year period.
44.5 PARKING AREA DESIGN
1. Since commercial site parking areas will be highly visible from adjacent streets, and the
development design objective is to 'soften' the hard appearance of parking lot areas,
surface parking lots shall be screened as much as possible from streetscape view by use of
landscape hedges, grassed and raised landscape berms, and in specific locations, by
attractive good-quality fencing;
2. No asphalt paving of a parking area shall directly abut a building face but rather an interface
landscape area shall be planted between the car stops of the parking lot and the side of the
building;
3. Large parking areas for commercial sites shall be encouraged to be broken up through the
use of internal site landscaping islands that are curbed and planted with trees, raised
pedestrian walkways and rest bench areas, and connective vehicle maneuvering aisles;
4. Commercial buildings should be strategically located on development sites to ensure safe
pedestrian movement from the surface parking areas by initiatives such as maintaining clear
public walking access to the entrance of commercial storefronts;
5. Short term bicycle parking facilities such as bike racks, should be sited in well-lit locations
close to building entrances;
268
6. Loading and service areas shall be located to the rear and side of commercial buildings,
removed from the main site parking areas and all pedestrian movements;
7. Parking areas shall be designed to support and assist disabled persons, and all disabled
parking spaces shall be located close to the building entrance;
8. All surface parking spaces shall be clearly marked and painted with white parking space
lines, and where 'small car parking spaces' are to be used, 'small cars' shall be clearly
painted on the parking spaces;
9. The amount of asphalt surfaces on commercial parking lots is encouraged to be minimized
through consideration of use of more permeable surface treatments such as decorative
pavers and bricks; and,
10. Lighting for commercial parking lots shall not 'spill-over' and create glare on adjacent
properties.
44.6 SIGNAGE AND OTHER DESIGN CONSIDERATIONS
1. The size, height and design of commercial development name signs shall be architecturally
integrated into the overall design of the site, and be generally limited to one sign per site, or
on the basis of overall site frontage for large commercial developments; and,
2. Refuse collection containers and recycling storage areas are encouraged to be sited within
buildings, or in the minimum, fully enclosed with attractive fencing and roofing, if necessary,
that complements the principal building materials, or screened to an adequate height by
similar landscape treatment.
269
45.0 INDUSTRIAL DEVELOPMENT DESIGN GUIDELINES
45.1 DEVELOPMENT DESIGN INTENT
The intent of development design for industrial projects is to compliment continued success in
local industrial growth through enhanced site, building and landscape design of new industrial
projects.
45.2 DESIGN OBJECTIVES
1. The building form and appearance of new industrial projects should reflect the desired
character and pattern of development in the local area of the community where the
industrial use is to occur by incorporating appropriate architectural and functional building
styles, features, materials, size, scale, and site layout needs, and as compatible with the
applicable industrial zone;
2. The Industrial Light zoned sites are intended to achieve a higher level of both building and
site design so as to more fully integrate into the urban core of the community; and,
3. Industrial Special and Industrial Heavy zoned sites are intended to focus more on-site
design, screening of storage and achieving an improved level of visual appearance.
45.3 SITE DESIGN
1. New buildings, structures, and expansions or additions thereto, on industrial sites, are to be
designed in a manner to reflect an appealing public appearance by being sited as close to
the adjacent street as possible, accentuated with an attractive front of building orientation
to the street and complimented with well-maintained site landscaping;
2. Overall site planning and development should address the entire property, and any
environmentally sensitive areas should be identified, fenced and preserved;
3. Open space areas shall be created wherever possible on an industrial site, particularly within
setback areas, and for employee amenity areas;
4. Site landscaping is to assume a greater role in overall site design and site layout so as to
achieve goals of creating permeable areas for site drainage, and to generally 'green' the site
to reflect the natural setting of the community;
270
5. Wherever achievable, new developments are encouraged to incorporate Low Impact
Development (LID) techniques such as rain gardens, vegetated swales, separation of
impervious surfaces, and/ or redirecting water from drain pipes into rain barrels and other
systems for watering site landscaping;
6. Lighting of parking and outside work areas shall not illuminate adjacent or nearby properties
to an intensity greater than existing street lights adjacent to nearby impacted sites;
7. Exterior site storage is encouraged to be minimized, and where present located away from
public view as much as possible, and where necessary enclosed by an opaque or translucent
screen, raised landscape berms, trees and substantial site landscaping;
8. Refuse collection and recycling areas are to be completely screened by landscaped
vegetation or by fencing material that compliments the building design;
9. Loading areas are encouraged to be located to the rear or side of a building where a building
façade does not face a street, and designed in keeping with the appearance of the principal
building; and,
10. Signage is to be coordinated with the overall design of the site and landscaping.
45.4 BUILDING DESIGN
1. Buildings within the IL zone are to be designed to create an appealing visual relationship
between buildings and streetscape;
2. Design detail for all new industrial buildings will be encouraged to consider the proposed
building's bulk and size, and its height and massing in relation to neighbourhood area, and
what building materials are to be used, and what level of landscape improvements are to be
made to the building setback areas and parking locations, and additionally consider:
-
Orientating the building to the street to present an attractive public 'face' for
the industrial operation;
-
Locating the office component of a new building to the front of the building and
using materials such as glazing to highlight the building front;
-
Differentiating one face of the building from another by utilizing different
architectural features, colors and materials;
-
Ensuring individual unit identity to units in multi-tenant buildings; and,
-
Providing for finished treatment of open space on the site through attractive
and well-maintained landscaping.
271
3. Developments should address the impact and visual exposure of building roof appearance
by varying the design of the roof line, and considering all roof top equipment, stacks, roof
vents, and mechanical systems as part of the overall building design, and group and screen
as much as possible;
4. No exposed surfaces of buildings are encouraged to be finished with metal cladding or
unpainted concrete blocks in the IL zone; and,
5. Manufactured mobile structures are not deemed as an appropriate building form in any
industrial zone.
45.5 LANDSCAPING GUIDELINES
1. Attractive and substantial site landscaping that creates visual interest and identity, a
pleasing street and pedestrian image, acts a buffer to adjacent land uses, screens parking
and paved areas of the site, and emphasizes the natural environment character of Grand
Falls-Windsor, must be incorporated into the design and development of all industrial
development projects;
2. The overall landscaping intent for industrial development sites is to maximize the amount of
landscaped areas on the site including retention of stands of mature trees, and to minimize
the amount of impervious surfaces so as to increase the natural absorption of rainwater of
the site through consideration of innovative practices such as incorporating oil-water
separators in the catch basins of parking lot drains to cleanse parking lot runoff waters
before they enter watercourses;
3. The frontage and streetscape sides of new industrial developments in the IL zone should be
landscaped with a minimum 3 m wide landscape boulevard to serve as the primary buffer
area between the adjacent street and the building area of the site, with specific attention to
providing within the landscape boulevard area, deciduous street tree species and a variety
of plant materials and treatments, some of which should achieve substantial size at
maturity, as well as, non-vegetative elements, and in creating visual landmarks of hard and
soft landscaping features on significant street corners and at locations of high visibility;
4. Street trees on an industrial site should be a minimum of 1.8 m in height at time of planting,
and planted at a ratio of one tree for every four parking spaces on the perimeter of the site;
272
5. Use of hedges, floral displays, lawns with park benches, brickwork fences, shade areas and
ornamental lights is also encouraged to be included in the front building area and employee
amenity areas;
6. Wherever possible, use of raised landscape berms to screen parking and storage areas of a
site is encouraged; and,
7. The overall industrial development is encouraged to maximize the positive impact of
finished open space.
45.6
PARKING AREA DESIGN
1. Employee parking areas and loading bays are not to be located within the setback area
between the building and the street;
2. Since industrial site parking areas will be highly visible from adjacent streets in the IL zone,
and the development design objective is to 'soften' the hard appearance of parking lot
areas, surface parking lots shall be screened as much as possible from streetscape view by
use of landscape hedges, grassed and raised landscape berms, and in specific locations, by
attractive good-quality fencing;
3. No asphalt paving of a parking area shall directly abut a building face but rather an interface
landscape area shall be planted between the car stops of the parking lot and the side of the
building;
4. Parking lot area and loading bay access locations to the street shall be minimized;
5. Parking areas shall be designed to support and assist disabled persons, and all disabled
parking spaces shall be located close to the building entrance;
6. All surface parking spaces shall be clearly marked and painted with white parking space
lines, and where 'small car parking spaces' are to be used, 'small cars' shall be clearly
painted on the parking spaces; and,
7. Short term bicycle parking facilities for employees such as bike racks, should be sited in well
lighted locations close to building and workplace entrances.
273
46.0 COMPREHENSIVE DEVELOPMENT AREA DESIGN
GUIDELINES
46.1 DEVELOPMENT DESIGN INTENT
The intent of development design for the two Comprehensive Development Area Zone locations
is to provide a managed approach for evaluating the proposed design appearance of buildings to
be considered for site development.
46.2 DESIGN OBJECTIVES
1. The building form and appearance of new projects for a Comprehensive Development Area
zoned site should reflect the desired character and the desired pattern of development in
the local area of the community where the proposed use is to occur by incorporating
appropriate architectural and functional building styles, features, materials, size, scale, and
site layout needs, and as compatible with the applicable CDA zone;
2. The CDA zoned sites are intended to achieve a high level of both building and site design so
as to more successfully integrate into the urban lands of the community and function as
significant development opportunities for each site; and,
3. Site and building development of the projected mixed uses for the CDA sites shall be in
accordance with the applicable single unit compact lots, multi-unit residential, commercial
and industrial design guidelines.
46.3 BUILDING AND SITE DESIGN GUIDELINES
1. Hotel and High Density Multi-Unit Residential developments on CDA lands shall represent a
prominent building form with superior architectural detail and building materials,
complemented with a landscape design that has an emphasis on street and site perimeter
trees, and raised flower beds with shrubbery;
2. Cluster Residential development on CDA and other lands within the community shall be
designed to preserve the environmentally sensitive area of a site, and having residential
units 'cluster' the housing density on the remaining developable area of the site in a fashion
that is most appropriate for the property, without strict adherence to individual lot line
setbacks for individual residential homes;
274
3. Any potential future Shopping Centre development on CDA lands shall include a traffic
impact analysis to determine potential traffic volume flows to the existing street network,
and shall include site design principles of significant perimeter and internal site landscaping,
limiting the expanse of single parking lot areas and providing for highly designed buildings
that utilize wood and local aggregate material in storefront facades;
4. Industrial Light, Commercial Neighbourhood, Commercial General and Civic uses, where
permitted, shall pursue highly designed building forms that are orientated to the street and
complemented with professionally designed site landscaping;
5. Any potential future Service Station use on a CDA site shall pursue site and building design
that is visually appealing to the streetscape, with an emphasis on 'greening' the site; and,
6. Industrial Light uses on a CDA site shall provide for a visually appealing industrial setting that
is able to aesthetically contribute to the adjacent neighbourhood through effective building
placement and site layout design, and attention to varied landscaping, greenery and tree
planting on the site.
275
47.0 PUBLIC USE DEVELOPMENT DESIGN GUIDELINES
47.1 DEVELOPMENT DESIGN INTENT
The intent of development design for public use projects is to continue to provide superior
design appearance for new government buildings, assembly and cultural facilities, and
community and residential care institutions.
47.2 DESIGN OBJECTIVES
1. The form and appearance of new public use buildings should reflect the desired character
and pattern of development in the local area of the community where the building is to be
constructed by incorporating appropriate architectural building styles, features, materials,
size and scale, and as compatible with the adjacent neighbourhood area;
2. To encourage a high standard of site and building design to reflect the unique historical and
future focus of the community; and,
3. In order to reinforce the outstanding natural environment and forested setting of Grand
Falls-Windsor, extensive use of landscaping and open space, and general 'greening' of public
use sites will be pursued.
47.3 BUILDING, SITE AND LANDSCAPING GUIDELINES
1. Site development shall be in general accordance with the design guidelines of Regulation
45.3;
2. Building design for new public use buildings shall be in general accordance with the intent of
Regulations 43.3 and 45.3; and,
3. Landscaping guidelines shall be in general accordance with the intent of Regulations 43.4
and 44.4.
47.4 PARKING AREA AND SIGNAGE DESIGN GUIDELINES
1. Parking area design guidelines shall be in general accordance with the intent of Regulations
43.5 and 44.5;
2. Signage design guidelines will be in general accordance with the intent of Regulations 43.6
and 44.6, in addition to adherence to Council's Policy on Signs and Advertisements.
276
277
48.0 SOUTH SIDE OF EXPLOITS RIVER DESIGN GUIDELINES
48.1 DESIGN INTENT
The intent of design guidelines for that approximate 300 m wide linear portion of land that is
situated directly opposite the southern Municipal Area Boundary and located on the south side
of the Exploits River, and contained within the Town's Municipal Planning Area Boundary, as
illustrated by attached Appendix 1, is to provide for view management of the natural
environment from the Town on the north side of the Exploits River to the south side of the
Exploits River.
48.2
SITE AND DEVELOPMENT DESIGN OBJECTIVES
1. The Town seeks to maintain the natural treed environment viewscape to the south side of
the Exploits River;
2. The Town considers that no tree removal, soil disturbance or development of land within
the Planning Area on the south side of the Exploits River should occur that will impede the
current natural viewscape;
3. The Town is of the position that any development proposal of any manner within the south
side of the Exploits River Planning Area Boundary should be referred to the Town for
consultation, review and comment.
4. Referral of development proposals to the Provincial Archaeological Office will be required
for any proposed development location that contains protected archaeological sites.
278
279
PART V: NL MINISTER'S DEVELOPMENT
REGULATIONS
280
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. John's, January 2, 2001.
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
281
11. Board decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
Short title
1. These regulations may be cited as the Development Regulations.
Definitions
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning
Act, 2000;
(b) "applicant" means a person who has applied to an authority for an approval or
permit to carry out a development;
(c) "authority" means a council, authorized administrator or regional authority; and
(d) "development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
Application
3. (1) These regulations shall be included in the development regulations of an authority
and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations or
other regulations of an authority, these regulations shall apply.
282
(3) Where another Act of the Province provides a right of appeal to the board, these
regulations shall apply to that appeal.
Interpretation
4. (1) In development regulations and other regulations made with respect to a planning
area the following terms shall have the meanings indicated in this section
(a) "access" means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from a street to adjacent or nearby land or to go from that land
to the street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling, located on the same lot
as the main building to which it is an accessory and which has a use that is
customarily incidental or complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for
domestic pets or radio and television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
(c) "accessory use" means a use that is subsidiary to a permitted or discretionary use
and that is customarily expected to occur with the permitted or discretionary use;
(d) "building height" means the vertical distance, measured in metres from the
established grade to the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(iii) mean height level between the eave and the ridge of a gable, hip or gambrel
roof,
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof;
(e) "building line" means a line established by an authority that runs parallel to a street
line and is set at the closest point to a street that a building may be placed;
(f) "discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations;
(g) "established grade" means,
283
(i) where used in reference to a building, the average elevation of the finished
surface of the ground where it meets the exterior or the front of that building
exclusive of any artificial embankment or entrenchment, or
(ii) where used in reference to a structure that is not a building, the average
elevation of the finished grade of the ground immediately surrounding the
structure, exclusive of any artificial embankment or entrenchment;
(h) "floor area" means the total area of all floors in a building measured to the outside
face of exterior walls;
(i) "frontage" means the horizontal distance between side lot lines measured at the
building line;
(j) "lot" means a plot, tract or parcel of land which can be considered as a unit of land
for a particular use or building;
(k) "lot area" means the total horizontal area within the lines of the lot;
(l) "lot coverage" means the combined area of all building on a lot measured at the level
of the lowest floor above the established grade and expressed as a percentage of the
total area of the lot;
(m) "non-conforming use" means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the legal
right to use the land under consideration;
(o) "permitted use" means a use that is listed within the permitted use classes set out in
the use zone tables of an authority's development regulations;
(p) "prohibited use" means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority specifies as not
permitted within a use zone;
(q) "sign" means a word, letter, model, placard, board, device or representation,
whether illuminated or not, in the nature of or employed wholly or in part for the
purpose of advertisement, announcement or direction and excludes those things
employed wholly as a memorial, advertisements of local government, utilities and
boarding or similar structures used for the display of advertisements;
(r) "rear yard depth" means the distance between the rear lot line and the rear wall of
the main building on a lot;
(s) "side yard depth" means the distance between the side lot line and the nearest side
wall of a building on the lot;
284
(t) "street" means a street, road, highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other
emergency vehicles;
(u) "street line" means the edge of a street reservation as defined by the authority
having jurisdiction;
(v) "use" means a building or activity situated on a lot or a development permitted on a
lot;
(w) "use zone" or "zone" means an area of land including buildings and water designated
on the zoning map to which the uses, standards and conditions of a particular use zone
table apply;
(x) "variance" means a departure, to a maximum of 10% from the yard, area, lot
coverage, setback, size, height, frontage or any other numeric requirement of the
applicable Use Zone Table of the authority's regulations; and
(y) "zoning map" means the map or maps attached to and forming a part of the
authority's regulations.
(2) An authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the authority's regulations as
discretionary, permitted or prohibited uses for that area.
Notice of right to appeal
5. Where an authority makes a decision that may be appealed under section 42 of the Act,
that authority shall, in writing, at the time of making that decision, notify the person to whom
the decision applies of the
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6. (1) The secretary of the board at the Department of Municipal and Provincial Affairs,
Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., A1B 4J6 is the
secretary to all boards in the Province and an appeal filed with that secretary within the time
period referred to in subsection 42(4) of the Act shall be considered to have been filed with the
appropriate board.
285
(2) Notwithstanding subsection (1), where the City of Corner Brook, City of Mount Pearl
or City of St. John's appoints an appeal board under subsection 40(2) of the Act, an appeal shall
be filed with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or (2) within
the 14 days referred to in subsection 42(4) of the Act.
(4) The board that hears the decision being appealed shall, subject to subsection 44(3) of
the Act, retain the fee paid to the board.
(5) Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
Appeal registration
7. (1) Upon receipt of an appeal and fee as required under the Act and these regulations,
the secretary of the board as referred to in subsections 6(1) and (2), shall immediately register
the appeal.
(2) Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the appeal and
the documentation related to the appeal.
(3) Where an authority has been notified of an appeal that authority shall forward to the
appropriate board a copy of the application being appealed, all correspondence, council
minutes, plans and other relevant information relating to the appeal including the names and
addresses of the applicant and other interested persons of whom the authority has knowledge.
(4) Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate authority, a notice that the
appeal has been registered.
(5) A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
Development prohibited
8. (1) Immediately upon notice of the registration of an appeal the appropriate authority
shall ensure that any development upon the property that is the subject of the appeal ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3) Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, an authority shall not carry out work related to the matter
being appealed.
286
Hearing notice and meetings
9. (1) A board shall notify the appellant, applicant, authority and other persons affected by
the subject of an appeal of the date, time and place for the appeal not fewer than 7 days before
the date scheduled for the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its work in an expeditious
manner.
Hearing of evidence
10. (1) A board shall meet at a place within the area under its jurisdiction and the appellant
and other persons notified under subsection 9(1) or their representative may appear before the
board and make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3) A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as
evidence directly provided at the hearing of the board.
(4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
Board decision
11. A decision of the board must comply with the plan, scheme or development regulations
that apply to the matter that has been appealed to that board.
Variances
12. (1) Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development regulations,
an authority may, in its discretion, vary the applicable development standards to a maximum of
10% if, in the authority's opinion, compliance with the development standards would prejudice
the proper development of the land, building or structure in question or would be contrary to
public interest.
(2) An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances made
or to be made with respect to the same land, building or structure, would have a cumulative
effect that is greater than a 10% variance even though the individual variances are separately no
more than 10%.
(3) An authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing development.
287
Notice of variance
13. Where an authority is to consider a proposed variance, that authority shall give written
notice of the proposed variance from development standards to all persons whose land is in the
immediate vicinity of the land that is the subject of the variance.
Residential non conformity
14. A residential building or structure referred to in paragraph 108(3)(g) of the Act must,
where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and
development regulations applicable to that building or structure.
Notice and hearings on change of use
15. Where considering a non conforming building, structure or development under
paragraph 108(3)(d) of the Act and before making a decision to vary an existing use of that non-
conforming building, structure or development, an authority, at the applicant's expense, shall
publish a notice in a newspaper circulating in the area or by other means give public notice of an
application to vary the existing use of a non-conforming building, structure or development and
shall consider any representations or submissions received in response to that advertisement.
Non-conformance with standards
16. Where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not be
expanded if the expansion would increase the non-conformity and an expansion must comply
with the development standards applicable to that building, structure or development.
Discontinuance of non-conforming use
17. An authority may make development regulations providing for a greater period of time
than is provided under subsection 108(2) of the Act with respect to the time by which a
discontinued non-conforming use may resume operation.
Delegation of powers
18. An authority shall, where designating employees to whom a power is to be delegated
under subsection 109(3) of the Act, make that designation in writing.
Commencement
19. These regulations shall be considered to have come into force on January 1, 2001.
©Earl G. Tucker, Queen's Printer
288
APPENDIX 1:
GRAND FALLS-WINDSOR MUNICIPAL PLANNING AREA BOUNDARY MAP
Town of Grand Falls-Windsor Development Regulations 2012-2022
289
APPENDIX 1
Town of Grand Falls-Windsor Development Regulations 2012-2022
290
Town of Grand Falls-Windsor Development Regulations 2012-2022
291
APPENDIX 2: LAND USE ZONING MAP