Town of Hampden Development Regulations — full text

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Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 Town of Hampden Development Regulations 2020 I As approved by Council 9 March 2021 1· I -1 I Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 Page left blank to correspond to double sided printing II I Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 TABLE OF CONTENTS COUNCIL RESOLUTIONS TO ADOPT AND APPROVE, MCIP CERTIFICATE SECTION A NEWFOUNDLAND REGULATION 3/01, MADE BY MINISTER OF MUNICIPAL AND PROVINCIAL AFFAIRS, 2 JANUARY, 2001 SECTIONB TOWN OF HAMPDEN DEVELOPMENT REGULATIONS APPLICATION Page IX 1. Short Title . .... ..... . .. .. ...... .. ... . ........... . .. . ... .... ... . ...... 11 2. Interpretation . . . .. . . ............................... . ................. 11 3 . Commencement ........... . .... . .. . . .. .... . .... . .. . . . .................. . . 11 4. Municipal Code and Regulations ... . .... . . ..... .. .... ................... 11 5. Authority ...... . .. . .. . ... .. .. .... . . .. . .. ....... .. ......... . ........... 11 PART I-GENERAL REGULATIONS .................................................................................... 12 6 . Compliance With Regulations ..... . ... . .. .. ...... . ............ . ...... . .. 12 7 . Permit Required ....................... . ... .. .......................... 13 8 . Permit to be Issued ... . . ... . . .................. . ... ... .. . ......... . ... 14 9 . Permit Not to be Issued in Certain Cases ..... . .... . ............ . ...... 14 10. Discretionary Powers of Authority ....... . ............... . . . .. . ..... .. 15 lll Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 11 . Variances ....... . .. . ... . ............. ... . . .... .... ..... ... .... . ....... 15 12 . Notice of Variance ........ ..... ....... .. ............ . .......... .. .. . . 16 13. Service Levy ...... .... . .... ......... ..... .......... . ......... . . . ..... 16 14. Financial Guarantees by Developer . . .. . ........... ........ ........... . 17 15. Dedication of Land for Public Use . .......... .. . ..... . .. ............. . 18 16. Reinstatement of Land . . . ...... . .................. ... ...... .. ... . ..... 18 1 7. Form of Application ................ . ..... . .... .. . . . ........ . .. . . ... . . 18 18. Register of Application ........ . ................. . .. ... ..... .. ....... 19 19 . Deferment of Application .......... . ................ . ......... . ....... 19 20. Approval in Principle ........ .... .. . ...... . .... ... .. . . . ..... . ........ 19 21 . Development Permit ....... ... .. . ................ . ... .. . .. .. . .......... 19 22. Reasons for Refusing Permit or Attaching Conditions ................. . 21 23. Notice of Right to Appeal ..................... .. ... .. ... . ........ . . . . 21 24 . Appeal Requirements ........ .. . . .. . ........................... . . . ... . .. 21 25. Appeal Registration .. . ......... . .......... . ..... . ......... . .... . ...... 22 26 . Development Prohibited .... .. . .. ............. . .. . . . ................... 23 27 . Appeal Board ........ . . .. .................... . .. . ......... . ........... 23 28. Appeals . . ................. ... .. .. . .. . ..... ... . . .. ... ....... .......... 23 29 . Hearing Notice and Meetings ............... .. . ... . .. ... . .. . ........... 25 30. Hearing of Evidence . ... . ............ ... .. . ......... ... .. . ... . .. . ..... 25 31. Return of Appeal Fee .............. ... .... . ........................... 26 32 . Notice of Application .......... . ........ . ............. . . . ... . .. . . .. . . 2 6 33. Right of Entry . .. . .. .. .. .................. .. ......................... 27 34 . Record of Violations .. .. .... . ...... . . . .... . ................... .. .. ... 27 35 . Stop Work Order and Prosecution ............. .. .... ... ... ..... ........ 27 36 Delegation of Powers ................................ . .......... . . ... .. 28 IV I I I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 PART II - GENERAL DEVELOPMENT STANDARDS ....................................................... 29 37. Fronting and Access on a Street ......... .. ................ . ....... ... 29 38. Accessory Buildings and Uses ......................................... 29 39. Municipal and Private Infrastructure .... . .. . .. ... .................... 31 40. Buffer Strips for Industrial Uses, Public Trails & Vulnerable Species 31 41. Building Height ........................................... . .......... 32 42. Building Line and Setback; Development Near Public Highways ........ .. 32 43. Family and Group Homes ...... . . ........... .......... ..... ............. 33 44. Open Storage ......................................................... 34 45 . Keeping of Animals ................................................... 34 46 . Archaeological Resou·rces .. .... ................ ....................... 36 4 7. Lot Area and Size Exceptions ......................................... 36 48. Single "Tiny Home" Dwelling Structures; Phasing of Construction ...... 37 49. Non-Conforming Use ................................................... 37 50. Offensive and Dangerous Uses ......................................... 39 51 . Hazards to Building .................................................. 39 52 . Off-Street Parking and Loading Requirements ..... ..................... 40 53. Parks and Playgrounds and Conservation Uses ....................... .. . 42 54. Screening and Landscaping ............................................ 43 55. Comprehensive Developments ........................................... 43 56. Service Stations ...................... .. ..... . ........... ... ......... 44 57. Yards, Fences and Retaining Walls .................................... 44 58. Mineral, Mining and Petroleum Developments ............... ............. 46 59. Subsidiary Apartments ............. ... ........ ...... .................. 50 60 . Unsubdivided Land ............................................ .. ...... 50 61. Flag Lot Requirements ................. ... ............................ 50 V Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 PART III - ADVERTISEMENTS ............................................................................................. 52 62. Permit Required .......................... . ........................... 52 63. Advertisements Relating to Offsite Uses or Non-specific Uses ......... 52 64. Advertisements Prohibited in Street Reservation ...................... 52 65. Permit Valid for Limited Period ...................................... 52 66. Removal of Advertisements .. . . . ..... . ................................. 52 67. Advertisements Exempt from Control ................................ . .. 53 68. Approval Subject to Conditions ....................................... 54 69. Non-Conforming Uses ............................................ : . .... 54 PART IV - SUBDIVISION OF LAND ...................................................................................... 55 70. Permit Required .................. . ................................... 55 71 . Services to be Provided .............................................. 55 72. Payment of Service Levies and Other Charges .......................... 55 73. Issue of Permit Subject to Considerations ............................ 55 74. Building Permits Required ............................................ 56 75. Form of Application .................................................. 56 76. Subdivision Subject to Zoning ........................................ 57 77. Building Lines ....................................................... 57 78. Land for Public Open Space ........................................... 57 79. Structure in Street Reservation ...................................... 58 80. Subdivision Design Standards ......................................... 58 81. Engineer to Design Works and Certify Construction Layout ............. 60 82. Developer to Pay Engineer's Fees and Charges ......................... 60 83. Street Works May Be Deferred ......................................... 61 84. Transfer of Streets and Utilities to Authority ....................... 61 85. Restriction on Sale of Lots .............. . .... . ...................... 62 VI I I I Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 86. Grouping of Buildings and Landscaping .... ... ............. ...... .... . . 62 PART V - USE ZONES .............................................................................................................. 63 87. Use Zones ... ... .......................... .......... .................. 63 88. Use Groups, Divisions and Classes .................................... 63 89. Permitted Uses ..................................................... .. 63 90. Discretionary Uses ...................................... .. ........... 64 91. Uses Not Permitted ................................................... 64 SCHEDULES SCHEDULE A: Definitions .............................. .... ............... 65 SCHEDULE B: Classification of Uses of Land and Buildings ................ 83 SCHEDULE C: Use Zone Tables ....................... ..... ................. 89 SCHEDULE D: Off-Street Parking Requirements ............................ 102 Land Use Zoning Map 1 Vil Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 Page left blank to correspond to double sided printing Vlll I I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 RESOLUTION TO ADOPT; MCIP CERTIFICATE Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council of Hampden adopts the Development Regulations 2020. Resolved by the Town Council of Hampden on the 8th day of December, 2020. Signed and sealed this /6-1-h day of_f}p '-+--'n~I ____ , 2021 Mayor: C..~ LU t.fj_, Cle~ ql-(,/j-<'. Canadian Institute of Planners Certification (Council Seal) I certify that the attached Development Regulations document has been prepared in accordance with the requirements of the Urban and Rural Planning Act, 2000. Member of the Canadian Institute of Planners (MCIP Seal) .,MCIP Date: :? sr Ari", I 2021 IX Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 Page left blank to correspond to double sided printing .. · .- 'I, X I I I Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 RESOLUTION TO APPROVE [resolution of Council to approve the Development Regulations,.following completion of the requirements of Sections 18 to 22 inclusive of the Urban and Rural Planning Act, 2000} Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning Act 2000, the Town Council of Hampden: a) adopted the Development Regulations 2020 on the 8th day of December, 2020; b) gave notice of the adoption of the said Development Regulations, following special instructions of the Department of Environment, Climate Change and Municipalities related to the COVID19, by means of a flyer, continually posted from 25 January, 2021 through 26 February, 2021 , on the Town of Hampden Facebook Page, and also distributed by Canada Post mail to all addressees in the postal code of A0K 2Y0 (which includes all postal addresses in the municipal planning area) on 25 January, 2021; c) set the 26th day of February, 2021 , at 12 :00 noon, to be the dead) ine time and date for objections and submissions to be received and for the holding of a public hearing to consider objections and submissions; d) appointed a commissioner to conduct the public hearing, and; e) received no objections or submissions by the deadline time and date, and subsequently received a report dated the 2nd day of March, 2021 , from the commissioner, who recommended Council proceed with approval of the said Development Regulations as released by the Department of Environment, Climate Change and Municipalities. Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town Council of Hampden approves the said Development Regulations 2020 as adopted. Resolved by the Town Council of Hampden on the 9th day of March, 2021. Signed and sealed this / 6..fltday of l}pnL , 2021 .... -- ..... Mayor: Col..-.u.J~ Clerk: d ~ ~ (Council Seal) Development Regulations/ Amendment REGISTERED XI Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 Page left blank to correspond to double sided printing ......... xii I I I I I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 SECTION A NEWFOUNDLAND REGULATION 3/01 Development Regulations under the Urban and Rural Planning Act, 2000 (Filed January 2, 2001) Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the following regulations. Dated at St. John's, January 2, 2001. I. Short title 2. Definitions 3. Application 4. Interpretation 5. Notice of right to appeal 6. Appeal requirements Joan Marie Aylward Minister of Municipal and Provincial Affairs REGULATIONS Analysis Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 7. Appeal registration 8. Development prohibited 9. Hearing notice and meetings 10. Hearing of evidence 11 . Board decision 12. Variances 13. Notice of variance 14. Residential non conformity 15. Notice and hearings on change of use 16. Non-conformance with standards 17. Discontinuance of non-confom1ing use 18. Delegation of powers 19. Co1111m:11cement Short title 1. These regulations may be cited as the Minister 's 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 2 I I I I I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (d) "development regulations" means these regulations and regulations and by-laws respecting development that have been enacted by the relevant authority. Application 3. (I) These regulations shall be included in the development regulations of an authority and shall apply to all planning areas. (2) Where there is a conflict between these regulations and development regulations or other regulations of an authority, these regulations shall apply. (3) Where another Act of the province provides a right of appeal to the board, these regulations shall apply to that appeal. Interpretation 4. (I) 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 antennas, (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 3 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (i) highest point of the roof surface of a flat roof, (ii) deck line of a mansard roof, and (iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in any case, a building height shall not include mechanical structure, smokestacks, steeples and purely ornamental structures above a roof; (e) "building line" means a line established by an authority that runs parallel to a street line and is set at the closest point to a street that a building may be placed; (f) "discretionary use" means a use that is listed within the discretionary use classes established in the use zone tables of an authority's development regulations; (g) "established grade" means, (i) where used in reference to a building, the average elevation of the finished surface of the ground where it meets the exterior or the front of that building exclusive of any artificial embankment or entrenchment, or (ii) where used in reference to a structure that is not a building, the average elevation of the finished grade of the ground immediately surrounding the structure, exclusive of any artificial embankment or entrenchment; (h) "floor area" means the total area of all floors in a building measured to the outside face of exterior walls;· (i) "frontage" means the horizontal distance between side lot lines measured at the building line; (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; (I) "lot coverage" means the combined area of all building on a lot measured at the level of the lowest floor above the established grade and expressed a_s a percentage of the total area of the lot; 4 I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (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; (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; 5 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (x) "variance" means a departure, to a maximum of I 0% 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. (I) 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, Ntld., AIB 416 is the secretary to all boards in the province and an appeal filed with that secretary within the time period referred to in subsection 42( 4) of the Act shall be considered to have been filed with the appropriate board. (2) Notwithstanding subsection (1), where the City of Corner Brook, City of Mount Pearl or City of St. John" s appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed with the 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 (I) or (2) within the 14 days referred to in subsection 42( 4) of the Act. 6 I Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 ( 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. (I) 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( I) 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. (I) 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 I 02 and l 04 of the Act apply to an authority acting under subsection (I). (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. 7 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 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 cumulatjve effect that is 8 I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 greater than a 10% variance even though the individual variances are separately no more than 10%. (3) An authority shall not permit a variance from development standards where the proposed development would increase the non conformity of an existing development. Notice of variance 13. Where an authority is to consider a proposed variance, that authority shall give written notice of the proposed variance from development standards to all persons whose land 1s 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. 9 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 Delegation of powers 18. An authority shall, where designating employees to whom a power is to be delegated under subsection I 09(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 10 I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 SECTIONB TOWN OF HAMPDEN DEVELOPMENT REGULATIONS APPLICATION 1. Short Title These Regulations may be cited as the Town of Hampden Development Regulations 2020 ("Development Regulations" herein). 2. Interpretation (I) Words and phrases used in these Regulations shall have the meanings ascribed to them in Schedule A and the Minister's Development Regulations, Section A; where there is conflict, the latter shall prevail. (2) Words and phrases not defined in Schedule A shall have the meanings which are commonly assigned to them in the context in which they are used in the Section B Regulations. 3. Commencement These Regulations come into effect throughout the Hampden Municipal Planning Area on the date of publication of a notice to that effect in the Newfoundland and Labrador Gazette. 4. Municipal Code and Regulations (I) The National Building Code of Canada 2015 including the plumbing code, the fire code, the electrical code, and any other ancillary code, all as amended from time to time, apply to the entire Municipal Planning Area unless expressly exempted. (2) The Authority does not perform reviews of engineering, architectural or other design subjects of buildings as may be found in the said codes, nor does the Authority provide building inspection services. 5. Authority In these Regulations, "Authority" means the Council of the Town of Hampden. 11 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 PART I - GENERAL REGULATIONS 6. Compliance With Regulations (1) No development shall be carried out within the Hampden Municipal Planning Area except in accordance with these Regulations, unless expressly exempted. (2) The Ministerial Regulations quoted in Section A shall prevail where there is conflict with Section B, the Town of Hampden Development Regulations. (3) The Development Regulations is a legal document, binding upon Council and any person or group using or proposing to use land anywhere within the Hampden Municipal Planning Area. (4) The Water Resources Act and other legislation provide for regulation of numerous aspects of management of water resources in the province. All development applications including but not limited to the following topics may require provincial government approval in addition to approval by the Authority under these Development Regulations: a) Development within 15 metres of a waterbody or watercourse and in the shore waters thereof (see also Regulation 40 concerning greater setbacks to do with protecting habitat of vulnerable species and Regulation 51 concerning natural hazards to building; the most stringent of various requirements shall prevail); b) Discharge of any effluent off the subject property; c) Work in any body of water; d) Infilling of water bodies or diversion of streams ( usually not approvable if for residential development); e) Construction of wharves, breakwaters, slipways and boathouses; f) Infilling or dredging associated with marine structures or other works; g) Well drilling and use of private water supplies, and, 12 I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 h) Any development in the Eliot Brook Protected Public Water Supply Area, which is designated pursuant to the Environment Act, and which coincides with the Protected Public Water Supply [PPWS] Zone in these Development Regulations. (5) A Service NL permit is required for development along a provincial highway, including but not limited to fences, trees, vegetation, signs and structures, installation of a private sewage disposal system, or construction of a private water well. (6) Permits from the Department of Fisheries, Forestry and Agriculture may be required for any forestry activity including domestic cutting for fuel wood and commercial cutting. This includes the approval of forestry permits. (7) Except as otherwise provided in Regulation 38(8), temporary use of land is not permitted. (8) Quarry materials produced as a by-product of an approved development, such as from excavation of basements or alteration of the established grade on a lot, may be removed from the development site. Quarry materials include but are not limited to aggregate, fill, rock, stone, gravel, sand, clay, borrow material, topsoil, overburden, subsoil, and peat. Upon the approval of a development permit involving excavation of quarry materials, the Authority will notify the Department of Industry, Energy and Technology. 7. Permit Required No person shall carry out any development within the Municipal Planning Area except where otherwise provided in these Regulations unless a permit for the development has been issued by the Authority. 13 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 8. Permit to be Issued Subject to Section B Regulations 9 and I 0, a permit shall be issued for development within the Municipal Planning Area that conforms to: (I) the general development standards set out in Part 11 of these Section B Regulations, the requirements of Part V of these Section B Regulations, and the use classes, standards, requirements, and conditions prescribed in Schedule C of these Section B Regulations for the use zone in which the proposed development is located; (2) further to (I), the standards set out in any regulation or policy of the Authority regulating or controlling development, conservation and use of land and buildings and the supply of municipal water, sewer and street services to them, noting that the Authority does not perform reviews of engineering, architectural or other design subjects of buildings (see Regulation 4); (3) the standards set out in Part III of these Regulations in the case of advertisements; (4) . the standards set out in Part IV of these Regulations in the case of subdivision; (5) the standards of design and appearance established by the Authority. 9. Permit Not to be Issued in Certain Cases (1) Neither a permit nor approval in principle shall be issued for development within the Municipal Planning Area when, in the opinion of the Authority, it is premature by reason of the site lacking adequate road access, power, drainage, sanitary facilities, or domestic water supply, or being beyond the natural development of the area at the time of application unless the applicant contracts in a development agreement to pay the full cost of construction of the services deemed necessary by the Authority and such cost shall attach to and upon the property in respect of which it is imposed. (2) Where a Crown Lands grant is required to enable a development, Council shall review the policies of the Municipal Plan and the Development Regulations in the course of considering their recommendations to make to Crown Lands on any proposed 14 I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 development, and shall not recommend or support the grant where they are not satisfied. Where a variance or discretionary approval or other approval pursuant to these Development Regulations or the Urban and Rural Planning Act, 2000, is required, such matters shall be considered and disposed satisfactorily before the grant is recommended. 10. Discretionary Powers of Authority (1) In considering an application for a permit or approval in principle to carry out development, the Authority shall take into account the policies expressed in the Municipal Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the general appearance of the development of the area, the amenity of the surroundings, availability of utilities, public safety and convenience, and any other considerations which are, in its opinion, material, and notwithstanding the conformity of the application with the requirements of these Regulations. The Authority may carry out a site evaluation as described in the Municipal Plan Section 7.0. The Authority may, in its discretion and as a result of its consideration of the matters set out in this Regulation, approve, conditionally approve or refuse the application. (2) An Authority may, in its discretion, determine the uses that may or may not be developed in a use zone and those uses shall be listed in the Authority's regulations as discretionary, permitted or prohibited uses for that area. 11. Variances (Refer to Minister 's Development Regulations. Section 12, January 2, 2001) (I) Where an approval or permit cannot be given by the Authority because a proposed development does not comply with development standards set out in development regulations, the Authority may, in its discretion, vary the applicable development standards to a maximum of I 0% if, in the Authority's opinion, compliance with the development standards would prejudice the proper 15 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 development of the land, building or structure in question or would be contrary to public interest. (2) The Authority shall not allow a variance from development standards set out in 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 I 0%. (3) The Authority shall not permit a variance from development standards where the proposed development would increase the non-conformity of an existing development. 12. Notice of Variance (Refer to Minister 's Development Regulations, Section 13., January 2, 2001) Where the Authority is to consider a proposed variance, the Authority shall give written notice of the proposed variance as specified in Regulation 32(2). 13. Service Levy (I) The Authority may require a developer to pay a service levy where development is made possible or where the density of potential development is increased, or where the value of property is enhanced by the carrying out of public works either on or off the site of the development. (2) A service levy shall not exceed the cost, or estimated cost, including finance charges to the Authority of constructing or improving the public works referred to in Section B Regulation 13( 1) that are necessary for the real property to be developed in accordance with the standards required by the Authority and for uses that are permitted on that real property. 16 I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (3) A service levy shall be assessed on the real propetiy based on: (a) the amount of real property benefited by the public works related to all the real property so benefited; and, (b) the density of development made capable or increased by the public work. (4) The Authority may require a service levy to be paid by the owner of the real property; (a) at the time the levy is imposed; (b) at the time development of the real property commences; (c) at the time development of the real property is completed; or, ( d) at such other time as the Authority may decide. 14. Financial Guarantees by Developer (1) The Authority may require a developer before commencing a development to make such financial provisions and/or enter into such agreements as may be required to guarantee the payment of service levies, ensure site reinstatement, and to enforce the carrying out of any other condition attached to a permit or licence. (2) The financial provisions pursuant to Section B Regulation 14( 1) may be made in the form of: (a) a cash deposit from the developer, to be held by the Authority, or; (b) a guarantee by a bank, or other institution acceptable to the Authority, for expenditures by the developer, or; (c) a performance bond provided by an insurance company or a bank, or; (d) an annual contribution to a sinking fund held by the Authority, or; (f) another form of financial guarantee that the Authority may approve. 17 Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 15. Dedication of Land for Public Use In addition to the requirements for dedication of land under Regulation 78, the Authority may require the dedication of a percentage of the land area of any subdivision or other development for public use, up to a maximum of I 0%, and such land shall be conveyed to the Authority in accordance with the provisions of the Act. 16. Reinstatement of Land Where the use of land is discontinued or the intensity of its use is decreased, the Authority may order the developer, the occupier of the site, or the owner or all of them to reinstate the site, to remove all or any buildings, vehicles, watercraft, and equipment, to cover or fill all wells or excavations, and to close all or any accesses, or to do any of . these things or similar things for the purpose intended, or all of them, as the case may be, and the developer, occupier or owner shall carry out the order of the Authority and shall put the site in a safe, secure and sanitary condition to the satisfaction of the Authority. 17. Form of Application (1) An application for a development permit or approval in principle shall be made only by the owner or by a person authorized by the owner to the Authority on such form as may be prescribed by the Authority, and every application shall include such plans, specifications and drawings as the Authority may require, and be accompanied by the permit fee required by the Authority. (2) The Authority shall supply to every applicant a copy of the application forms referred to in (I) and a description of the plans, specifications and drawings required to be provided with the application and any information or requirements applicable to the application. 18 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 18. Register of Application 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. 19. Deferment of Application (1) The Authority may, with the written agreement of the applicant, defer consideration of an application. (2) Applications properly submitted in accordance with these Regulations which have not been determined by the Authority and on which a decision has not been com- municated to the applicant within eight weeks of the receipt thereof by the Authority, and on which consideration has not been deferred in accordance with Section B Regulation 19(1 ), shall be deemed to be refused. 20. Approval in Principle (I) The Authority may grant approval in principle for the erection, alteration or conversion of a building if, after considering an application for approval in principle made under these Regulations, it is satisfied that the proposed develop- ment is, subject to the approval of detailed plans, in compliance with these Regulations. (2) Where approval in principle is granted under this Regulation, it shall be subject to the subsequent approval by the Authority of such details as may be listed in the approval in prit1ciple, which shall also specify that further application for approval of these details shall be received not later than two years from the grant of approval in principle. 21. Development Permit (I) 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 19 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 deemed to be permission to develop land in accordance with these Regulations but such permission shall not relieve the applicant from full responsibility for obtaining permits or approvals under any other regulation or statute prior to commencing the development; from having the work carried out in accordance with these Regulations or any other regulations or statutes; and from compliance with all conditions imposed thereunder. (2) The Authority may attach to a permit or to approval in principle such conditions as it deems fit in order to ensure that the proposed development will be in accordance with the purposes and intent of these Regulations. (3) Where the Authority deems necessary, permits may be issued on a temporary basis for a period not exceeding two years, which may be extended in writing by the Authority for further periods not exceeding two years. (4) A permit is valid for such period, not in excess of two years, as may be stated therein, and if the development has not commenced, the permit may be renewed for a further period not in excess of one year, but a permit shall not be renewed more than once, except in the case of a permit for an advertisement, which may be renewed in accordance with Part III of these Section B Regulations. (5) The approval of any application and plans or drawings or the issue of a permit shall not prevent the Authority from thereafter requiring the correction of errors, or from ordering the cessation, removal of, or remedial work on any development being carried out in the event that the same is in violation of this or any other regulations or statute. (6) The Authority may revoke a permit for failure by the holder of it to comply with these Regulations or any condition attached to the permit or where the permit was issued in error or was issued on the basis of incorrect information. 20 I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (7) No person shall erase, alter or modify any drawing or specifications upon which a permit to develop has been issued by the Authority. (8) There shall be kept available on the premises where any work, matter or thing in being done for which a permit has been issued, a copy of the permit and any plans, drawings or specifications on which the issue of the permit was based during the whole progress of the work, or the doing of the matter or thing until completion. 22. Reasons for Refusing Permit or Attaching Conditions The Authority shall, when refusing to issue a permit or attaching conditions to a permit, state in writing the reasons for so doing. 23. Notice of Right to Appeal (Refer to Minister's Development Regulations, Section 5, January 2, 2001) Where the Authority makes a decision that may be appealed under section 42 of the Act, the 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. 24. Appeal Requirements ( Refer to Minister 's Development Regulations, Section 6, Janua·ry 2, 2001) ( 1) The secretary of the Appeal Board at the Department of Municipal · Affairs and Environment, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., A 1 B 416 is the secretary to all Appeal Boards in the province and an appeal 21 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 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 Appeal Board. (2) The fee required under section 44 of the Act shall be paid to the Appeal Board that hears the decision being appealed by filing it with the secretary referred to in subsection (I) or (2) within the 14 days referred to in subsection 42(4) of the Act. (3) The Appeal Board that hears the decision being appealed shall, subject to subsection 44(3) of the Act, retain the fee paid to the Appeal Board. (4) Where an appeal of a decision and the required fee is not received by an Appeal Board in accordance with this section and Part VI of the Act, the right to appeal that decision shall be considered to have been forfeited. 25. Appeal Registration (Refer to Minister 's Development Regulations, Section 7, January 2, 2001) (1) Upon receipt of an appeal and fee as required under the Act and these regulations, the secretary of the Appeal Board as referred to in subsections 24( 1) and (2), shall immediately register the appeal. (2) Where an appeal has been registered the secretary of the Appeal Board shall notify the Authority of the appeal and shall provide to the Authority a copy of the appeal and the documentation related to the appeal. (3) Where the Authority has been notified of an appeal that Authority shall within one week of notification forward to the appropriate board a copy of the application being appealed, all correspondence, council minutes, plans and other relevant information relating to the 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. 22 I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (5) A notice published under subsection (4) shall be published not fewer than 2 weeks before the date upon which the appeal is to be heard by the board. 26. Development Prohibited (Refer to Minister 's Development Regulations, Section 8, January 2, 2001) (I) Immediately upon notice of the registration of an appeal the Authority shall ensure that any development upon the property that is the subject of the appeal ceases. (2) Sections 102 and 104 of the Act apply to the Authority acting under subsection (1 ). (3) Upon receipt of a notification of the registration of an appeal with respect to an order under section 102 of the Act, the Authority shall not carry out work related to the matter being appealed. 27. Appeal Board The minister may, by order, establish an Appeal Board and shall assign to the Appeal Board a specific area of the province over which it shall have jurisdiction, as outlined in section 40, of the Act. 28. Appeals (1) A person or an association of persons aggrieved of a decision that, under the regulations, may be appealed, may appeal that decision to the appropriate Appeal Board where the decision is with respect to: (a) an application to undertake a development; (b) a revocation of an approval or a perm it to undertake a development; ( c) the issuance of a stop work order; and (d) a decision permitted under the Act or another Act to be appealed to the board. 23 Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 (2) A decision of the Authority to adopt, approve or proceed with a municipal plan, a scheme, development regulations and amendments and revisions of them is final and not subject to an appeal. (3) An Appeal Board shall not make a decision that does not comply with the municipal plan, a scheme and development regulations that apply to the matter being appealed. (4) An appeal shall .be filed with the Appeal Board not more than 14 days after the person who made the original application appealed from has received the decision being appealed. (5) An appeal shall be made in writing and shall include (a) a summary of the decision appealed from; (b) the grounds for the appeal; and (c) the required fee. (6) A person or group of persons affected by the subject of an appeal or their representatives may appear before an Appeal Board and make representations concerning the matter under appeal. (7) An Appeal Board may inform itself of the subject matter of the appeal in the manner it considers necessary to reach a decision. (8) An Appeal Board shall consider and determine appeals in accordance with the Act and the municipal plan, scheme and regulations that have been registered under section 24, of the Act, and having regard to the circumstances and merits of the case. (9) A decision of the Appeal Board must comply with the plan, scheme or development regulations that apply to the matter that has been appealed to that board. 24 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (10) In determining an appeal, an Appeal Board may confirm, reverse or vary the decision appealed from and may impose those conditions that the board considers appropriate in the circumstances and may direct the Authority to carry out its decision or make the necessary order to have its decision implemented. (11) Notwithstanding subsection (10), where the Authority may, in its discretion, make I a decision, an Appeal Board shall not make another decision that overrules the discretionary decision. I I ( 12) . The decision of a majority of the members of an Appeal Board present at the hearing of an appeal shall be the decision of the Appeal Board. (13) An Appeal Board shall, in writing notify the appellant and the appropriate Authority of the decision of the Appeal Board. 29. Hearing Notice and Meetings (Refer to Minister 's Development Regulations, Section 9, January 2, 2001) (1) An Appeal Board shall notify the appellant, applicant, Authority and other persons 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) An Appeal Board may meet as often as is necessary to conduct its work in an expeditious manner. 30. Hearing of Evidence (Refer to Minister 's Development Regulations, Section 10, January 2, 2001) (1) An Appeal Board shall meet at a place within the area under its jurisdiction and the appellant and other persons notified under Section B Regulation 29( 1) or their representative may appear before the Appeal Board a~d make representations with respect to the matter being appealed. 25 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (2) An Appeal Board shall hear an appeal in accordance with section 43 of the Act and these regulations. (3) A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing of a property shall be considered to have been provided in the same manner as evidence directly provided at the hearing of the Appeal Board. ( 4) In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of evidence. 31. Return of Appeal Fee Where an appeal made by an appellant under section 42 of the Act, is successful, an amount of money equal to the fee paid by that appellant under Section B Regulation 24(2) shall be paid to him or her by the Authority. 32. Notice of Application (1) When a change in non conforming use is to be considered under Section B Regulation 49, the Authority shall, at the expense of the applicant, give notice of an application to all persons whose land is in the immediate vicinity of the land, and by means of the Town's website and such social media as the Town may operate for the purpose of public postings of municipal notices, at least ten days prior to the date upon which Council will consider the matter. (2) When a variance is necessary under Section B Regulation 11 , and the Authority wishes to consider whether to authorize such a variance from development standards the Authority shall, at the expense of the applicant, pursuant to Section B Regulation 12, give written notice of the proposed variance to all persons whose land is in the immediate vicinity of the land, and by means of the Town's website and such social media as the Town may operate for the purpose of public postings of municipal notices, at least ten days prior to the date upon which Council will consider the matter. 26 I I I I I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (3) When a proposed development is listed as a discretionary use in Schedule C of the Section B Regulations, and the Authority wishes to consider whether to approve such a . discretionary use, then the Authority shall, at the expense of the applicant, give said written notice of the proposed development to all persons whose land is in the immediate vicinity of the land, and by means of the Town's website and such social media as the Town may operate for the purpose of public postings of municipal notices, at least ten days prior to the date upon which Council will consider the matter. 33. Right of Entry The Authority, the Director, or any inspector may enter upon any public or private land and may at all reasonable times enter any development or building upon the land for the purpose of making surveys or examinations or obtaining information relative to the carrying out of any development, construction, alteration, repair, or any other works whatsoever which the Authority is empowered to regulate. 34. Record of Violations Every inspector shall keep a record of any violation of these regulations which comes to his knowledge and report that violation to the Authority. 35. Stop Work Order and Prosecution (I) Where a person begins a development contrary or apparently contrary to these Regulations, the Authority may order that person to stop the development or work connected therewith pending final adjudication in any prosecution arising out of the development. (2) A person who does not comply with an order made under Section B Regulation 35(1) is guilty of an offence under the provisions of the Act. 27 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 36 Delegation of Powers (Refer to Minister 's Development Regulations, Section 18, January 2, 2001) An Authority shall, where designating employees to whom a power is to be delegated under subsection I 09(2) of the Act, make that designation in writing. 28 I I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 PART II-GENERAL DEVELOPMENT STANDARDS 37. Fronting and Access on a Street (I) Every building or use of land shall be located on a lot which fronts onto a pub I icly owned and maintained street, and access to the lot must be from that street. The Authority may waive this requirement for access to land uses associated with agriculture, forestry, sawmilling, mineral workings or other resource or similar uses, where the requirement that a use front onto a public street is unnecessary or undesirable, but such accesses and private lanes for that purpose shall not be recognized as public streets. (2) Street accesses shall be located to the specification of the Authority so as to ensure the greatest possible convenience and safety of the street system and the Authority may prescribe the construction of service streets to reduce the number of accesses to collector and arterial streets, if any. (3) Any access to a provincial highway must be approved by the Province of Newfoundland and Labrador. ( 4) No vehicular access shall be closer than 10 metres to the street line of any street intersection. (5) A new public street may not be constructed except in accordance with the design and specifications laid down by the Authority, as stated in Regulation 81 (1) whether the street is part of a subdivision or for another purpose. 38. Accessory Buildings and Uses (1) Accessory buildings shall be clearly incidental and complementary to the use of the main buildings in character, use and size. There is no maximum number of accessory buildings. (2) No accessory building or part thereof shall project in front of any building line except that Council may at their discretion approve a location in the front yard if the features of the lot and buildings make it impractical to locate in the rear or side yards, or if a 29 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 front yard location will not have any significant adverse effect on the surrounding neighbourhood. See also Regulation 44 concerning open storage. (3) Accessory buildings shall be a minimum of 2 metres from the nearest part of a main building and a minimum of 1.2 metres from any lot line, except as provided by Section B Regulation 38(4). ( 4) The sideyard and rearyard requirements set out in the use zone tables in these Section B Regulations shall apply to accessory buildings wherever they are located on the lot but accessory buildings on adjoining properties may be built to common property boundaries provided they shall be of fire-resistant construction and have a code- compliant common firewall. (5) Notwithstanding subsections (3) and (4) and where permitted, boat sheds, boat houses, wharves and stages may be built to the shores of water bodies. (6) The total lot coverage of all accessory buildings on a lot shall not exceed I 0% except that Council may approve a greater lot coverage at their discretion where there is no significant aesthetic or safety concern. There is no maximum floor area of accessory buildings, but the maximum lot coverage shall apply to the sum of all buildings on the lot. Areas occupied by open storage and by wheelchair ramps or similar·aids for mobility are not included in the calculation of lot coverage. (7) Except where provided in the Use Zone Tables in Schedule C, accessory buildings shall have a maximum building height of no higher than the building height of the main building on the lot. (8) Temporary use of land for community festivals, celebrations, laydown and equipment yards during construction of a structure, for compassionate reasons, and the like shall be deemed to be an accessory use in all areas, and Council may at its discretion approve such use where any negative impacts are felt to be tolerable, and subject to such conditions as may be deemed prudent, but for no longer period of time than one 30 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 year except for longer terms which may be approved for construction of a building to be completed or for emergency or compassionate reasons. See also Regulation 2 I (3). (9) Wheelchair ramps and similar aids to mobility may be located in any yard and in any proximity to buildings or other structures, and their coverage shall not be included in the calculation of lot coverage. 39. Municipal and Private Infrastructure (1) All development must be serviced by connection to the municipal central water system and/or central sewer system if available and have capacity, and/or the owner's private water and/or sewer systems. (2) .Private water supplies and private sewage disposal systems are subject to the proponent securing Certificates of Approval from provincial government authorities. (3) Private systems are the financial and operational responsibility of the owners. (4) The Authority may within any zone permit land to be used in conjunction with the provision of public services and public utilities if the use of that land is necessary to the proper operation of the public service o'r public utility concerned provided that the design and landscaping of any development of any land so used is, in the opinion of the Authority, adequate to protect the character and appearance of the area. 40. Buffer Strips for Industrial Uses, Public Trails & Vulnerable Species (I) Where any industrial development permitted in any appropriate Use Zone abuts an existing or proposed residential area, or is separated from it by a road only, the owner of the site of the industrial development shall provide a buffer strip not less than ten (I 0) metres wide between any residential activity and the industrial area. The buffer shall include the provision of such natural or structural barrier as may be required by the Authority and shall be maintained by the owner or occupier to the satisfaction of the Authority. 31 l I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (2) Buildings, structures and alteration of elevations of land or vegetation thereon, within 15 metres of any public trail designated by the Authority, shall not be located or made in such manner as would impede the safety or amenity of public use of the public trails. (3) A buffer strip of 50 metres width along each side of the shores of wetlands, rivers, streams and ponds (not including the shores of White Bay) shall be provided, in which disturbance of natural vegetation will be prohibited in order to protect the riparian habitat of the Rusty Blackbird, except where an exception is approved by the Wildlife Division of the Department of Fisheries, Forestry and Agriculture. 41. Building Height 1) Except as otherwise set out in the Use Zone Tables in Schedule C, development of structures of a height greater than that specified in said Tables is permitted but only provided that the building line setback and rear yard requirements are adjusted as follows: a) The building line setback shall be increased by 2 metres for every 1 metre increase in height above the minimum required height. b) The rear yard shall not be less than the minimum building line setback calculated as described in (1) above plus 6 metres. 2) See also Regulation 38(7) concerning the maximum height of accessory buildings. 42. Building Line and Setback; Development Near Public Highways 1) The Authority, by resolution, may establish building lines on an existing or proposed street or service street and may require any new buildings to be located on those building lines, whether or not such building lines conform to the standards set out in the tables in Schedule C of these Section B Regulations. 2) Development near public highways (Highways 421 , 421-11 [Bayside Road], and 421-12 [Loop Road]) is regulated by the provincial government, pursuant to but not limited to 32 I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 the following regulations, in which the classification and/or proximity criteria are subject to change (see also Regulation 57 for criteria for building near Council streets): a) Building Near Highways Regulations, under the Works, Services and Transportation Act: for any action to erect, repair, alter or structurally improve a fence, building or other structure, including planting of trees, shrubs or hedges, within: 1. 15 metres from the centre line of Highway 421 , which is named Hampden Road in provincial government naming of public highways, as it is designated as a class D highway in these regulations. 11. 10 metres from the centre line of Highways 421-11 (Bayside Road) and 421- 12 (Loop Road) as they are designated as class E highways in these regulations. b) Highway Sign Regulations, under the Urban and Rural Planning Act 2000: for any sign within 400 metres from the centre line of the roadway for locations within the municipal planning area but outside the municipal boundary, or, within 100 metres from the centre line of the roadway where within the municipal boundary [note that the proximity criteria is subject to change]. All of the said highways are within the municipal boundary, thus the proximity criteria is 100 metres from the centreline. 3) Application for permits pursuant to the above regulations is to be made to the Government Services Centre, Service NL. These requirements are in addition to requirements pursuant to this Municipal Plan and the Development Regulations. 43. Family and Group Homes (I) Family and group home use is permitted in any single dwelling or mobile home that is adequate in size to accommodate the number of persons living in the group, · inclusive of staff, provided that in the opinion of the Authority and subject to the discretion of the Authority, the use of the residence and the intended clientele do not 33 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 materially and adversely affect the quiet enjoyment of the other properties or residents of the neighbourhood in which it is located. (2) The Authority may require certified architectural designs and operations plans for special access and safety features to be provided for the clientele, staff and neighborhood residents, and proof of issue ( or intent to issue) of any licenses or permits required by authorities having jurisdiction for the specific clientele of the home, before the development is permitted. 44. Open Storage The location and features of open storage of materials, goods and machinery shall comply with the requirements of Regulation 38 (2), which may be modified at Council's discretion provided that there are no practical alternative locations, and that the open storage areas be fenced or otherwise screened from view though the screening requirement may be modified at Council 's discretion to require landscaping features in lieu of full screening so as to prevent unsightly appearances. 45. Keeping of Animals (1) No structure or land for keeping animals defined in the Animal Unit list in Schedule A ( or similar large animal species for which manure management, odour or other impacts on neighbouring non-agricultural land uses would be expected) for any purpose, unless the structure and land used for outdoor ranges are located in the Rural (RUR) or Forestry (FOR) Zone and complies with the following requirements: (a) A structure or land accommodating 5 or more Animal Units as shall be at least: 1. 600 metres from the Mixed Development (MD) Zone, and, 11. 300 metres from the boundaries of the Protected Public Water Supply (PPWS) Zone, and, 34 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 iii. at least 300 metres from an existing residence except that a farm residence which may comprise a single dwelling structure and a subsidiary dwelling associated with the agricultural use is permitted. (b) Any structure shall be at least 60 metres from the boundary of the property on which it is to be erected. (c) Any structure shall be at least 90 metres from the centre line of a street. ( d) The erection of any structure and use of land for agricultural purposes shall be approved by the Department of Fisheries, Forestry and Agriculture and the Department of Environment, Climate Change and Municipalities. (2) No development for residential use shall be permitted within 600 m of a lawfully existing structure designed to contain more than five Animal Units unless the development is first approved by the Department of Fisheries, Forestry and Agriculture. (3) Keeping of small animals such as dogs, cats, small birds and the like customarily kept as household pets in Hampden is permitted. Further, small birds such as chickens, ducks, and geese may be kept, up to a total of 25 birds. Permits are not required for keeping of small pets and small birds up to the limits described in this paragraph. Informal note to readers: the Town of Hampden does not become involved by virtue of these Development Regulations where pets are presenting dangers or nuisances to others, or are not properly housed and given appropriate care. In those cases, regulations concerning public ' health, public safety, animals running at large, cruelty to animals, noise and other such matters, better enable authorities to deal with offending behaviour. 35 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 46. Archaeological Resources (I) Any proposal or application for a development that requires ground disturbance shall be reviewed by the Authority to determine whether the site may be a site protected under the Historic Resources Act and if so to be referred to the Provincial Archaeology Office for assessment and clearance before any permit is issued or work commences. (2) Should any artifacts be discovered during work on any site, work is to stop and the site is to be secured until such an assessment has been conducted and the Authority and the Provincial Archaeology Office have determined what, if any, work may resume and under what conditions. (3) After proper notice and consultation, the Authority may designate lands, districts or structures as heritage properties, areas or buildings and require that conditions pertaining to protection, development, appearance and upkeep are attached to any approvals of the Authority. 47. Lot Area and Size Exceptions (I) No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof or otherwise, so that any building or structure on such lot shall have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than that permitted by these Section B Regulations for the zone in which such lot is located. (2) Where any part of a lot is required by these Section B Regulations to be reserved as a yard, it shall continue to be so used regardless of any change in the ownership of the lot or any part thereof, and shall not be deemed to form part of an adjacent lot for the purpose of computing the area thereof available for building purposes. (3) Where, at the time of coming into effect of these Section B Regulations, one or more lots already exist in any zone, with insufficient frontage or area to permit the owner or purchaser of such a lot or lots to comply with the provisions of these Section B Regulations, then these Section B Regulations shall not prevent the issuing of a 36 I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 permit by the Authority for the erection of a building, provided that the lot coverage and height are not greater than, and the yards and floor area are not less than the standards set out in these Section B Regulations. 48. Single "Tiny Home" Dwelling Structures; Phasing of Construction a) Single dwellings where approved may be developed in phases, to be able to accommodate "tiny homes" built as the first components or phases of single dwellings, leading to an eventual expansion to a floor area in compliance with the minimum floor area stated in the Use Zone Table. b) Council will at its discretion permit single dwellings having less than the minimum required floor area, by way of site plan approval as described in the Municipal Plan, which shows the way in which the configuration of later construction phases will eventually result in a compliant dwelling floor area without encroaching on any required yards or failing to meet other requirements such as off-street parking. c) The minimum required length of main walls, where specified in Use Zone Tables in Schedule C, shall be achieved in the construction of the first phase of a phased development and in the eventual footprint of later construction. Variances may be considered concurrently. d) There is no compulsion to expand beyond the approved initial phase of construction. Development of future phases in accordance with the approved site plan shall not require further Council approvals conc~rning phased development. 49. Non-Conforming Use (Refer to Minister 's Development Regulations, Section 14, 15, 16, 17, January 2, 2001) ( l) Notwithstanding the Municipal Plan, scheme or regulations made under the Urban and Rural Planning Act, 2000, the Authority shall, in accordance with regulations made under this Act, allow a development or use of land to continue in a manner that does not conform with a regulation, scheme, or plan that applies to that land provided 37 l I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 that the non-conforming use legally existed before the registration under section 24 of the Act, scheme or regulations made with respect to that kind of development or use. (2) Notwithstanding subsection ( 1 ), a right to resume a discontinued non-conforming use of land shal I not exceed 3 years after the discontinuance of that use. (3) A building, structure or development that does not conform to a scheme, plan or regulations made under the Act that is allowed to continue under subsection (1) (a) shall not be internally or externally varied, extended or expanded unless otherwise approved by the Authority; (b) shall not be structurally modified except as required for the safety of the building, structure or development; (c) shall not be reconstructed or repaired for use in the same non-conforming manner where 50% or more of the value of that building, structure or development has been destroyed; (d) may have the existing use for that building, structure or development varied by the Authority to a use that is, in the Authority's opinion, more compatible with the plan and regulations applicable to it; (e) may have the existing building extended by approval of the Authority where, in the Authority's opinion, the extension is not more than 50% of the existing building; (t) where the non-conformance is with respect to the standards included in these development regulations, shall not be expanded if the expansion would increase the non-conformity and an expansion must comply with the development standards applicable to that building, structure or development; (g) where the building or structure is primarily zoned and used for residential purposes, it may, in accordance with the municipal plan and regulations, be repaired or rebuilt where 50% or more of the value of that building or structure is destroyed but the residential building or structure, where being repaired or rebuilt, 38 I I Town of Hampden: Development Regulations 2020 As approved by Council 9-March 2021 must be repaired or rebuilt in accordance with the plan and development regulations applicable to that building or structure. (4) Before making a decision to vary an existing use of a non-conforming building, structure or development, the Authority shall give notice as specified in Section B Regulation 32, 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. 50. Offensive and Dangerous Uses No building or land shall be used for any purpose which may be dangerous by causing or promoting fires or other hazards or which may emit noxious, offensive or dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any nuisance that has an unpleasant effect on the senses unless its use is authorized by the Authority and any other Authority having jurisdiction. 51. Hazards to Building (1) Any proposal for the erection of a structure on a site which is potentially subject to flooding, sea level rise, coastal erosion or any other physical hazard near watercourses or water bodies, must be certified by a professional engineer and approved by the Department of Environment, Climate Change and Municipalities to ensure that development of the site can take place without danger to health or safety, within a one hundred year time horizon. (2) All development must be above the current 2 metre above mean sea level contour, and set back at least 30 metres from the ocean shore to provide a buffer against coastal erosion and sea level rise, except that the following may be approved at Council's discretion: (a) structures or land uses requiring direct access to salt water, including wharves, breakwaters, slipways and boathouses, and if approved such are to constructed 39 . Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 and operated in accordance with the Department of Environment, Climate Change and Municipalities' Guidelines for the Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses; (b) a lesser setback than 30 metres from the seashore, but in no case less than 15 metres, where the proponent can demonstrate that the building(s) would be founded directly on bedrock rather than on surficial soils, loose rock, or severely fractured bedrock. (c) public works and utilities; (d) municipal park; (e) mineral exploration. (3) Any proposal for development of a site having a slope in excess of 15% must be certified by a professional engineer as having low risk of landslide, avalanche, and rockfall. 52. Off-Street Parking and Loading Requirements (I) For every building, structure or use to be erected, enlarged or established, there shall be provided and maintained a quantity of off-street parking spaces sufficient to ensure that the flow of traffic on adjacent streets is not impeded by the on-street parking of vehicles associated with that building, structure or use. (2) The number of parking spaces to be provided for any building, structure, use or occupancy shall conform to the standards set out in Schedule D of these Regulations. (3) Each parking space, except in the case of single or double dwellings, shall be made accessible by means of a durably surfaced right-of-way at least 3 m in width. Parking required for a residential use shall be provided on the same lot as that use. For other uses, parking spaces shall be provided not more than 200 metres distant from the use concerned. 40 I I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (4) The parking facilities required by this Section B Regulation shall, except in the case of residential developments in the classes of single dwellings, double dwellings, row dwellings, boarding houses, seasonal dwellings and mobile homes, be arranged so that it is not necessary for any vehicle to reverse onto or from a street, except where specifically exempted by the Authority. (5) Where, in these Section B Regulations, parking facilities for more than four vehicles are required or permitted: (a) parking space shall mean an area of land, not less than 3 m wide by 6 m long, capable of being used for the parking of a vehicle without the need to move other vehicles on adjacent areas, and the lanes or aisles in a parking area which give access to parking spaces shall be at least 6 m wide; (b) the parking area shall be constructed with paved surfaces and features to control surface water, and maintained to the specifications of the Authority; (c) the lights used for illumination of the parking area shall be so arranged as to divert the light away from adjacent development; ( d) a structure, not more than 3 m in height and more than 5 m2 in area may be erected in the parking area for the use of attendants in the area; (e) except in zones in which a service station is a permitted use, no gasoline pump or other service station equipment shall be located or maintained on a parking area; (f) . no part of any off-street parking area shall be closer than 1.5 m to the front . lot line in any zone; (g) access to parking areas in non-residential zones shall not be by way of residential zones; 41 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (h) where a parking area is in or abuts a residential zone, a natural or structural barrier at least 1 m in height shall be erected and maintained along all lot lines; (i) for every building, structure or use to be erected, enlarged or established requiring the shipping, loading or unloading of animals, goods, wares or merchandise, there shall be provided and maintained for the premises loading facilities on land that is not part of a street comprised of one or more loading spaces, 15 m long, 4 m wide, and having a vertical clearance of at least 4 m with direct access to a street or with access by a driveway of a minimum width of 6 m to a street, and be so arranged that vehicles can manoeuvre clear of any street and so that it is not necessary for any vehicle to reverse onto or from a street. The number of loading spaces to be provided, if any, shall be determined by the Authority. U) where, in the opinion of the Authority, strict application of the above parking and loading space requirements set out in a) through i) is impractical or undesirable, the Authority may waive some or all of the requirements or as a condition of a permit require the developer to pay a service levy in accordance with these Section B Regulations in lieu of the provision of a parking area, and the full amount of the levy charged shall be used by the Authority for the provision and upkeep of alternative parking facilities within the general vicinity of the development. 53. Parks and Playgrounds and Conservation Uses Nothing in these Section B Regulations shall prevent the designation of conservation areas or the establishment of parks and playgrounds in any zones provided that such parks and playgrounds are not located in areas which may be hazardous to their use and are not operated for commercial purposes. 42 I I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 54. Screening and Landscaping The Authority may, in the case of existing unsightly development, order the owner or occupier to provide adequate and suitable landscaping or screening; and for this purpose may require the submission of an application giving details of the landscaping or screening, and these Section B Regulations shall then apply to that application. The provision of adequate and suitable landscaping or screening may be made a condition of any development permit where, in the opinion of the Authority, the landscaping or screening is desirable to preserve amenity, or protect the environment. 55. Comprehensive Developments (1) Pursuant to Policy 6.2. I 6 in the Municipal Plan, a comprehensive development of uses which are listed as permitted or discretionary uses in the Zone in which it is located, may be approved provided its features_ are compatible with adjacent developments. (2) Further, the following requirements must be met: a) All dwellings shall be designed to provide both privacy and reasonable access to natural daylight. b) Comprehensive developments must be located within the municipal boundary and serviced with municipal central water and sewer services, and must have access to a publicly owned and maintained road but may include both public and private roads. c) The overall density within the layout must conform to the regulations and standards set out in the Use Zone Table for the Zone in which the development is located. 43 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 56. Service Stations The following requirements shall apply to all proposed service stations: (1) All gasoline pumps shall be located on pump islands designed for such purpose, and to which automobiles may gain access from either side. (2) Pump islands shall be set back at least 4 metres from the front lot line. (3) Accesses shall not be less than 7 metres wide and shall be clearly marked, and where a service station is located on a corner lot, the minimum distance between an access and the intersection of street lines at the junction shall be 10 metres and the lot line between entrances shall be clearly indicated. 57. Yards, Fences and Retaining Walls The following requirements shall apply to location and development of structures, including fences and retaining walls: (1) No structure except a fence or retaining wall or accessory building shall be located in any yard prescribed in the use zone tables in these Section B Regulations. See also Regulation 42 concerning development near public highways. (2) ln addition, the requirements of any Fence Regulation adopted under the Municipalities Act 1999 shall apply to any fences located within the municipal boundary. (3) All side yards shall be kept clear of obstructions other than fences and retaining walls, to ensure a pathway of at least one metre in width to provide access to the side walls of structures for fire suppression and maintenance and to rear yards for emergency responders. ( 4) Fences may be erected in any yard of any lot or directly on the lot lines, subject to the following: (a) Fences are to be located at least 8 metres from the centreline of the travelled surface of Council streets (see also Regulation 42 concerning proximity to public highways); 44 Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 (b) Fences are to have a height of no more than 2 metres above finished grade, including any ornamentation or projections above the general upper line of the fence, except that a greater height may at Council' s discretion be permitted for security fencing associated with non-residential land uses and, (c) Retaining walls are permitted, subject to requirements concerning structural integrity, aesthetics and safety, as follows: 1. Where a retaining wall is higher than 1.2 metres above finished grade, or supportive of a building wall, foundation, drainage channel, pit, embankment, or similar feature, the wall shall be designed by a professional engineer licensed in the province, said design to include space for maintenance of both sides of the wall, and said designs to be subject to approval by Council. 11. Barrier rails or fences shall be designed and built in compliance with the applicable building code (see Regulation 4), having regard to the height and angle of the wall and risk of persons, animals or vehicles falling down the wall. iii. Retaining walls shall be set back from all property boundaries by a distance of at least the height of the retaining wall and shall not block line of sight at street intersections. 1v. Retaining walls shall not be placed in rights-of-way or street and utility easements, so as not to interfere with traffic, access to utilities, or proper drainage of the lot or other properties, whether or not a site grading and drainage plan was involved in the design of the subdivision or site design for buildings and land forming. v. Visible materials of construction shall be aesthetically benign, and not include gabions or other wire mesh enclosures or facing except for security fencing, or use of rubble (waste masonry, concrete, asphalt 45 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 road excavation), demolition debris, vehicle tires, or similar unsightly material, for facing. Informal note to readers: the Town of Hampden does not become involved in settling or mediating boundary location or line fence disputes between abutting property owners as this is a civil matter benveen the parties. 58. Mineral, Mining and Petroleum Developments I) Mineral Exploration a) In addition to other requirements concerning environmental protection and safety, Council will consider best practices in mineral exploration, in consultation with the Department of Industry, Energy and Technology and include conditions in approving mineral exploration applications. b) Conditions may include conditions concerning proximity to existing development, limiting hours of mechanized operations, requirements to restore areas where ground has been disturbed, removal of vehicles, equipment and trash when finished, restoration of roads, trails, vegetation and drainage features, and the like. c) The Authority may require a site restoration surety and/or other guarantees of satisfactory compliance. In lieu of that requirement, the Authority shall accept the requirement for the same submitted to the Department of Industry, Energy and Technology under provincial quarries legislation. 46 I I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 2) Mineral Workings a) Separation from Adiacent Uses From the nearest dwelling or other sensitive receptor Minimum Distance of Mineral Working 300 metres From abutting private property, and must have written permission of abutting property owner 15 metres Any other developed area or area likely to be developed during the life of the pit or quarry working, including all of the Mixed Development (MD)Zone 150 metres Public highway or street 90 metres Waterbody, including White Bay and ephemeral watercourses 50 metres Where a minimum required distance was originally observed when choosing the location of a mineral working, the mineral working shall not be ordered to be discontinued or impeded where the buffer is reduced to less than the required distance due to encroachment of development towards the mineral working. These criteria are adapted from the Standard Terms and Conditions for all quarry permits, leases and subordinate quarry permits issued pursuant to the Quarry Materials Regulations (O.C. 96/248) under the Quarry Materials Act 1998 plus the required riparian buffers related to rotection of the Rust Blackbird. b) Operation of the Mineral Working: 1. Water Pollution ii. No mineral working or associated storm or sanitary drainage shall unacceptably reduce the quality of water in any waterbody or watercourse. Any access road to a pit or quarry working which crosses a brook or stream shall be bridged or culverted at the crossing in accordance with provincial government regulations. Water Ponding No mineral working shall result in the excavation of areas below the level of the water table nor in any way cause the accumulation of ponding of water in any part of the site. Settling ponds may be permitted with the approval the provincial government. 47 Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 111. Erosion Control IV. No mineral working shall be carried out in a manner so as to cause erosion of adjacent land. Site Maintenance The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned equipment and any derelict buildings. v. Access Roads VI. During extended periods of shutdown, access roads to a mineral working shall be ditched or barred to the satisfaction of the Authority. Stockpiling Cover Material All stumps, organic material and topsoil, including the rusty coloured and iron stained layer, shall be stripped and stockpiled at least 5 metres from active quarry or stockpile areas. The owner or operator shall ensure that the quality of the topsoil is not affected by dilution with other materials. c) Associated Processing and Manufacturing 1. The Authority may permit processing and manufacturing use associated with mineral workings provided that, in the opinion of the Authority, the use does not create a nuisance nor is liable to become a nuisance or offensive by the creation of noise or vibration, or by reason of the emission of fumes, dust, dirt, objectionable odour, or by reason of unsightly storage of materials. 11. All permanent or temporary buildings, plants and structures associated with processing and manufacturing will be located so as not to interfere with the present or future extraction of aggregate resources. iii. The Authority may specify a minimum separation distance between operating plant or associated processing and manufacturing structure or equipment and adjacent developed areas likely to be developed during the life of the mineral working. d) Termination and Site Rehabilitation Upon completion of the mineral working, the following work shall be carried out by the 48 I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 operation: 1. All buildings, machinery and equipment shall be removed. 11. All pit and quarry slopes shall be graded to slopes less than 20 degr~es or to the slope conforming to that existing prior to the mineral working. u1. Topsoil and any organic materials shall be respread over the entire quarried area. IV. The access road to the working shall be ditched or barred to the satisfaction of the Authority. v. If the mineral working contains reserves of material sufficient to support further extraction operations, the Authority may require the work described above to be carried out only in areas of the site where extraction has depleted reserves. e) Screening and Fencing for Mineral Workings A mineral working shall be screened or fenced in the following manner where it is visible from a public street or highway, public park, developed area:, or area likely to be developed during the life of the use: 1. Where tree screens exist between the use and adjacent public highways and streets or other land uses ( excepting forestry and agriculture), the tree screens shall be retained in a 30-metre wide strip of vegetation so that visibility of any part of the use from the surrounding uses or streets will be prevented. The tree screens must be maintained by the owner or occupier of the use to retain 30 metres in a forested appearance. Where vegetation dies or is removed from the 30-metre strip, the Authority may require new trees of a hardy species and of a minimum height of 1 metre be planted to fill in the areas affected to the satisfaction of the Authority. 11. Where no tree screens exist of sufficient width and density to constitute a visual screen, earthen berms shall be constructed to a height sufficient to prevent visibility of any part of the use from adjacent uses (excepting forestry and agriculture), or adjacent public highways and streets and public parks. The berms shall be landscaped to the Authority's satisfaction. iii. Where natural topography creates a visual screen between a mineral working or 49 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 scrapyard and adjacent public highways and streets or public parks or other land use (excepting forestry and agriculture), additional screening may not be required. 1v. The Authority may require the mineral working site or excavated areas of a pit or quarry working to be enclosed by a fence designed and constructed to its specifications and no less than 1.8 metres in height. 3) Application to Mining, Petroleum Exploration and Petroleum Extraction The requirements of Regulation 58 (1) and (2) shall also apply to mining, petroleum exploration and petroleum extraction class uses. 59. Subsidiary Apartments Subsidiary apartments may be permitted in single dwellings and mobile homes in accordance with the requirements of the use zone table for the zone in which they are located, and for the purposes of calculating lot area and yard requirements, shall be considered part of the self-contained dwelling. 60. Unsubdivided Land Development is not permitted on unsubdivided land unless sufficient area is reserved to satisfy the yard and other allowances called for in the Use Zone in which it is located and the allowances shall be retained when the adjacent land is developed. 61. Flag Lot Requirements Development on flag lots is permitted where the requirements for the minimum width of the leg or prolongation which provides access, and the following requirements, are satisfied: 1) The area of the main body of the flag lot shall be in compliance with the minimum lot area requirement in the applicable Zone. 2) The location of a main or accessory building on a flag lot shall provide for yards in the main body of the lot of at least the dimensional minimum requirements of the building line setback, side yard widths, and rear yard depths ordinarily required in the 50 I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 subject Use Zone Standards, as if the main body of the existing flag lot were an ordinary lot where most or the whole width of the lot abuts the street. Whereas the ordinary meanings of side, front and rear yards are not relevant to a flag lot, any yard in a flag lot can be deemed the front, side or rear yard for this purpose. 3) In a flag lot, the minimum width of the leg or prolongation which provides access to a street shall be 6 metres at every point along its length, including the lot boundary - where the flag lot fronts directly on a street. Where the full leg width cannot be provided in the area of the leg of the flag lot, by reason of limited space between lot lines and existing structures or other physical features, all or part of the required leg width may be provided in the form of a perpetual license or easement for vehicular and pedestrian access and connection to municipal and utility services in favour of the flag lot, across adjacent lands. The said license or easement shall not be deemed for the purpose of Section B Regulation 47 in this Development Regulation to be an alienation or conveyance having the effect ofreducing the lot area of the lot(s) to which the easement or the license pertains. 4) The leg width, including any part of it which may be provided in the form of the said license or easement, may be reduced by way of a variance pursuant to the provisions for variances in these Development Regulations. Further, Council will at its discretion consider approval oflesser widths of the legs of flag lots, which would otherwise not be approvable, where concerns about motor vehicle access and pedestrian and vehicle safety at the leg's intersection with the public street and the feasibility of use of the leg for servicing with municipal water and sewer services, if applicable, are satisfactorily addressed. 5) The requirement of Section B Regulation 37(1) shall apply to flag lots, in that the leg or prolongation, including any part of it which may be provided in the form of the said license or easement, shall abut directly upon a street. 51 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 PART III - ADVERTISEMENTS 62. Permit Required Subject to the provisions of Section B Regulation 67, no advertisement or sign shall be erected or displayed in any yards in the Municipal Planning Area unless a permit for the advertisement is first obtained from the Authority in accordance with Section B Regulation 17. 63. Advertisements Relating to Offsite Uses or Non-specific Uses The conditions to be applied to the erection or display of an advertisement which relates to a specific land use not on the lot on which the advertisement is located, or not relating to any specific land use, shall be as follows: (1) Each such advertisement shall not exceed one square metre in area per sign face. (2) When the advertisement relates to a specific land use, it shall be located within a reasonable distance of, and only show thereon the name and nature of the business and/or directions to the premises to which it relates. 64. Advertisements Prohibited in Street Reservation No advertisement shall be permitted to be erected or displayed within, on or over any highway or street reservation or land. 65. Permit Valid for Limited Period A permit granted under these Regulations for the erection or display of an advertisement shall for a limited period, not exceeding two years, but the permitted use may continue thereafter notwithstanding expiry of the permit, subject to any conditions required at the time of approval or as may be revised by the Authority from time to time. 66. Removal of Advertisements The location, siting and illumination of each advertisement shall be to the satisfaction of the Authority, having regard to the grade and alignment of streets, the location of street 52 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 junctions, the location of nearby buildings and the preservation of the amenities of the surrounding area. Notwithstanding the provisions of these Regulations, the Authority may require the removal of any advertisement which, in its opinion, is: (1) hazardous to road traffic by reason of its location, siting, colour, illumination, or structural condition, or; (2) detrimental to the amenities of the surrounding area by virtue of becoming dilapidated or referring to information no longer relevant, such as for no longer . existing premises. 67. Advertisements Exempt from Control The following advertisements may be erected or displayed in the Municipal Planning Area without application to the Authority: (1) on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m2 in area; (2) on an agricultural holding or farm or land used for forestry, mining, or mineral workings, a notice board not exceeding 1 m2 in area and relating to the operations being conducted on the land; (3) on land used for a home business, one nameplate not exceeding 0.2 m2 in area in connection with the business carried on at that lot, on each separate building in which a home business is conducted; (4) on any site occupied by a church, school, library, art gallery, museum, institution or cemetery, one notice board not exceeding I m2 in area; (5) on the principal facade of any commercial, industrial or public building, the name of the building or the name of the occupants of the building, in letters not exceeding one-tenth of the height of that facade or 3 m, whichever is the lesser; 53 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (6) on any parking lot or private lane, directional signs of a size and info.rmation content usually associated with traffic control signs, to guide drivers to appropriately use the parking facility 68. Approval Subject to Conditions A permit may only be issued for the erection or display of advertisements which comply with the appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these Section B Regulations. 69. Non-Conforming Uses Notwithstanding the provisions of Section B Regulation 62, a permit may be issued for the erection or display of advertisements on a building or within the courtyard of a building or on a parcel of land, the use of which is a non-conforming use, provided that the advertisement does not exceed the size and type of advertisement which could be permitted if the development were in a Use Zone appropriate to its use, and subject to any other conditions deemed appropriate by the Authority. 54 Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 PART IV - SUBDIVISION OF LAND 70. Permit Required No land in the Municipal Planning Area shall be subdivided unless a permit for the development of the subdivision is first obtained from the Authority. 71. Services to be Provided No permit shall be issued for the development of a subdivision unless provisions satisfactory to the Authority have been made in the application for a supply of drinking water, a properly designed sewage disposal system, and a properly designed storm drainage system. Private water supplies and/or private sewage disposal systems shall not be recognized by the Authority unless the requisite Certificate(s) of Approval, or a letter of intent to grant, has been granted by the provincial government authorities. Connection to the Authority's central water system is subject to compliance with the standards and conditions of the Authority in that regard. 72. Payment of Service Levies and Other Charges No permit shall be issued for the development of a subdivision unti I agreement h.as been reached for the payment of all fees levied by the Authority for connection to services, utilities and streets deemed necessary for the proper development of the subdivision, and all service levies and other charges imposed under Section B Regulations 13 and 14. 73. Issue of Permit Subject to Considerations A permit shall not be issued when, in the opinion of the Authority, the development of a subdivision does not contribute ~o the orderly growth of the municipality and does not demonstrate sound design principles. In considering an application, the Authority shall, without limiting the generality of the foregoing, consider: ( 1) the location of the land; (2) the availability of and the demand created for schools, services, and utilities; 55 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (3) the provisions of the Municipal Plan and Section B Regulations affecting the site; (4) the land use, physical form and size of buildings anticipated to be developed on the new lots and the character of adjacent developments related the same factors; (5) the capacity of streets to serve the volumes and characteristics of the vehicle and pedestrian traffic expected, including the physical strength and longevity of the existing streets to bear the loads and numbers of vehicles, and, the integration of the proposed streets into the future street network; (6) the relationship of the project to existing or potential sources of nuisance; (7) topography, soil and subsoil characteristics of each lot, and the related difficulty or cost of landscaping and access; (8) the drainage of the site and potential for affecting drainage of adjacent land; (9) natural features such as lakes, streams, topsoil, trees and shrubs; (10) prevailing winds; (11) visual quality; (12) community facilities; (13) energy conservation; (14) such other matters as may affect the proposed development. 74. Building Permits Required Notwithstanding the approval of a subdivision by the Authority, a separate building permit shall be obtained pursuant to these Section B Development Regulations for each building proposed to be erected in the area of the subdivision, and no such permit for any building in the area shall be issued until the developer has complied with all the provisions of these Section B Regulations with respect to the development of the subdivision. 75. Form of Application Application for a permit to develop a subdivision shall be made to the Authority in accordance with Section B Regulation 17. 56 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 76. Subdivision Subject to Zoning The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the Zoning Maps. 77. Building Lines The Authority may establish building lines for any subdivision street and require any new building to be located on such building lines. In the case of flag lots which would be created in the subdivision, the building lines will not necessarily be parallel to the street line but will reflect the appropriate orientation of buildings and yards in the main body of the flag lot. 78. Land for Public Open Space (I) Before a development commences, the developer shall, ifrequired, dedicate to the Authority, at no cost to the Authority, an area of land equivalent to not more than 10% of the gross area of the subdivision for parkland or other public use, provided that: a) if, in the opinion of the Authority, no parkland is required, the land may be used for such other public use as the Authority may determine, or, the Authority may waive the requirement; b) the location and suitability of any land dedicated under the provisions of this Section B Regulation shall be subject to the approval of the Authority but in any case, the Authority shall not accept land which, in its opinion is incapable of development for any purpose; c) the Authority may accept from the developer in lieu of such area or areas of land the payment of a sum of money equal to the value of the land which would otherwise be required to be dedicated; d) money received by the Authority in accordance with Section B Regulation 78( I)( d) above, shal I be reserved by the Authority for the purpose of the 57 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (2) acquisition or development of land for public open space or other public purpose. Land dedicated for public use in accordance with this Section B Regulation shall be conveyed to the Authority and may be sold or leased by the Authority for the purposes of any development that conforms with the requirements of these Section B Regulations. (3) The Authority may require a strip of land to be reserved and remain undeveloped along the banks of any river, brook or pond, and this land may, at the discretion of the Authority, constitute the requirement of land for public use under Section B Regulation 78( I). 79. Structure in Street Reservation The placing within any street reservation of any structure (for example, an electrical power, telegraph or telephone pole, fire hydrant, mail box, fire alarm, or sign post) shall receive the prior approval of the Authority which shall be satisfied on the question of safe construction and relationship to the adjoining buildings and other structures within the street reservation. 80. Subdivision Design Standards No permit shall be issued for the development of a subdivision under these Section B Regulations unless the design of the subdivision conforms to the following standards: (1) The finished grade of streets shall not exceed 10 per cent. (2) A cul de sac may be a temporary cul de sac, ie: a temporary street ending which is constructed and used until an extension of the street into adjacent lands is achieved in accordance with the street network described in the Municipal Plan or as directed by the Authority. The maximum length of a cul de sac as stated in (3) shall not apply to a temporary cul de sac. Every such temporary cul de sac shall 58 I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 be provided with a turning circle of a diameter of not less than 30 m. and include a street reservation to enable eventual extension of the street. (3) The maximum length of a permanent cul de sac shall be 500 m. (4) Emergency vehicle access to another street from a permanent cul de sac shall be not less than 3 m in width and not exceed 10 per cent slope along its route. (5) Street reserves shall be provided to enable future extension of streets into adjacent lands in accordance with any street network described in the Municipal Plan or as directed by the Authority. (6) Streets in subdivisions shall intersect with or prolong an existing street or streets. (7) All street intersections shall be constructed within 5 degrees of a right angle and this alignment shall be maintained for 30 m from the intersection. (8) No street intersection shall be closer than 60 m to any other street intersection. (9) No more than four streets shall join at any street intersection. (10) No street block shall be longer than 500 m between street intersections. (11) Streets in 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: Street Reservation Pavement Width Sidewalk Width Sidewalk Number 15 m 9m 1.5 m 1 (12) No lot intended for residential purposes shall have a depth exceeding four times the frontage except where topography or unusual dimensions of the lot being subdivided make this impractical. (13) Residential lots shall not be permitted which abut a local street at both front and rear lot lines unless the circumstance is beyond the control of the proponent. (14) The Authority may require any existing natural, historical or architectural feature or part thereof to be retained when a subdivision is developed. 59 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 ( 15) Land shall not be subdivided in such a manner as to prejudice the development of adjoining land, and each lot shall be laid out so as to maximize the usefulness of the land to the eventual occupant, with regard to positioning of buildings, driveways, and outdoor storage and activity areas. (16) Flag lots may be created by subdivision. (17) A lot to be created for an existing cemetery or expansion thereof may be of any size and the requirements for access to a public street and water and/or sewer services, and for dedication for public open space, shall be waived. 81. Engineer to Design Works and Certify Construction Layout (I) Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers and all appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other utilities deemed necessary by the Authority to service the area proposed to be developed or subdivided shall be designed and prepared by or approved by the Engineer. Such designs and specifications shall, upon approval by the Authority, be incorporated in the plan of subdivision. (2) Upon approval by the Authority of the proposed subdivision, the Engineer shall certify all work of construction layout preliminary to the construction of the works and thereupon the developer shall proceed to the construction and installation, at the developer's own cost and in accordance with the approved de- signs and specifications and the construction layout certified by the Engineer, of all such water mains, hydrants, sanitary sewers a:nd all appurtenances and of all such streets and other works deemed necessary by the Authority to service the said area. 82. Developer to Pay Engineer's Fees and Charges The developer shall pay to the Authority all the Engineer's fees and charges where the Authority undertakes to pay for the preparation of designs and specifications and for the layout and supervision of construction, such fees and charges being percentages of the 60 I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 total cost of materials and labour for the construction and installation of all works calculated in accordance with the Schedule of Fees recommended by the Association of Professional Engineers of Newfoundland and in effect at the time the work is carried out. An advance payment of the estimate plus up to IO per cent may be required at the discretion of the Authority. 83. Street Works May Be Deferred The construction and installation of all curbs and gutters, catch basins, sidewalks and paving specified by the Authority as being necessary, may, at the Authority's discretion, be deferred until a later stage of the work on the development of the subdivision but the developer shall deposit with the Authority before approval of the application, an amount estimated by the Engineer as reasonably sufficient to cover the cost of construction and installation of the works. In the later stage of the work of development, the Authority shall call for tenders for the work of construction and installation of the works, and the amount so deposited by the developer shall be applied towards payment of the contract cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the amount of the excess. If the contract price is less than the deposit, the Authority shall refund the amount by which the deposit exceeds the contract price. Any amount so deposited with the Authority by the developer shall be placed in a separate savings account in a bank and all interest earned thereon shall be credited to the developer. 84. Transfer of Streets and Utilities to Authority (1) The developer shall, following the approval of the subdivision of land and upon request of the Authority, transfer to the Authority, at no cost to the Authority, and clear of all liens and encumbrances: (a) all lands in the area proposed to be developed or subdivided which are approved and designated by the Authority for public uses as streets, street reserves, or other rights-of-way, or for other public use; 61 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (2) (b) all services or public works including streets, water supply and distribution and sanitary and storm drainage systems installed in the subdivision that are normally owned and operated by the Authority. Before the Authority shall accept the transfer of lands, services or public works of any subdivision, the Engineer shall, at the expense of the developer, test the streets, services and public works installed in the subdivision and certify full satis- faction with their installation. (3) The Authority shall not provide maintenance for any street, service or public work in any subdivision until such time as such street, service or public work has been accepted by and transferred to the Authority. 85. Restriction on Sale of Lots The developer shall not develop or dispose of any lot within a subdivision for the purposes of development and no building permit shall be issued until the Authority is satisfied that: (I) the lot can be served with satisfactory central and/or private water supply and/or sewage disposal systems, and; (2) satisfactory access to a street is provided for the lots. 86. Grouping of Buildings and Landscaping (I) Each plan of subdivision shall make provision for the grouping of building types and for landscaping in order to enhance the visual aspects of the completed development and to make the most use of existing topography and vegetation. (2) Building groupings, once approved by the Authority, shall not be changed without written application to and subsequent approval of the Authority. 62 I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 PART V - USE ZONES 87. Use Zones (1) For the purpose of these Section B Regulations, the Municipal Planning Area is divided into Use Zones which are shown on the Land Use Zoning Maps attached to and forming part of these Section B Regulations. (2) Subject to Section B Regulation 87(3), the permitted use classes, discretionary use classes, standards, requirements and conditions applicable to each Use Zone are set out in the Use Zone Tables in Schedule C of these Section B Regulations. (3) Where standards, requirements and conditions applicable in a Use Zone are not set out in the Use Zone Tables in Schedule C, the Authority may at its discretion, determine the standards, requirements and conditions which shall apply. 88. Use Groups, Divisions and Classes The specific uses to be included in each Use Group, Division and Class set out in the Use Zone Tables in Schedule C shall be determined by the Autho~ity in accordance with the classification and examples set out in Schedule B. The examples do not constitute the whole range of possibilities which may be found in their respective classes. 89. Permitted Uses (1) Subject to these Section B Regulations, the uses that fall within the Permitted Use Groups, Divisions, and Classes set out in the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that Use Zone. (2) Where the permitted use is expressed by the title of a "Group" shown in Schedule B, all of the uses in the divisions and classes of uses subordinate to that title shall be permitted, and likewise where the permitted use is expressed by the title of a 63 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 "Division" shown in Schedule B, all of the uses in the classes of uses subordinate to that title shall be permitted. 90. Discretionary Uses (1) Subject to these Section B Regulations, the uses that fall within the Discretionary Use Classes set out in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if the Authority is satisfied that the development would not be contrary to the general intent and purpose of these Section B Regulations, the Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and to the public interest, and if the Authority has given notice of the application in accordance with Section B Regulation 32 and has considered any objections or representations which may have been received on the matter. (2) Where the discretionary use is expressed by the title of a "Group" shown in Schedule B, all of the uses in the divisions and classes of uses subordinate to that title shall be permitted, and likewise where the discretionary use is expressed by the title of a "Division" shown in Schedule B, all of the uses in the classes of uses subordinate to that title shall be permitted, subject to the provisions of subsection (1 ). 91. Uses Not Permitted Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone. 64 I Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 SCHEDULE A DEFINITIONS ACCESS: A way used or intended to be used by vehicles, pedestrians or animals in order to go from a street to adjacent or nearby land or to go from that land to the street. (Refer to Minister 's Development Regulations, January 2, 2001) ACCESSORY BUILDING: (i) A detached subordinate building not used as a dwelling, located on the same lot as the main building to which it is an accessory and which has a use that is customarily incidental or complementary to the main use of the building or land, (ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets, or radio and television antennas, (iii) for commercial uses, workshops or garages, and (iv) for industrial uses, garages, offices, raised ramps and docks. (Refer to Minister 's Development Regulations, January 2, 2001) ACCESSORY USE: A use that is subsidiary to a permitted or discretionary use and that is customarily expected to occur with the permitted or discretionary use. (Refer to Minister 's Development Regulations, January 2, 2001) ACT: The Urban and Rural Planning Act, 2000. ADVERTISEMENT: Any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature.of and employed wholly or in part for the purposes of advertisement, announcement or direction; excluding such things employed wholly as a memorial, or functional advertisement of Councils, or other local authorities, public utilities and public transport undertakers, and including any boarding or similar structure used or adapted for use for the display of advertisements. 65 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 AGRICULTURE: Horticulture, fruit growing, grain growing, crop growing, seed growing, dairy farming, the breeding or rearing of livestock, including an animal kept for the production of food, wool, skins, or fur, or for the purpose of its use in the farming of land, the use of land as grazing land, meadow land, market gardens and nursery grounds and the use of lands for woodlands where that use is ancillary to the farming of land for another purpose. "Agricultural" shall be construed accordingly. AMUSEMENT USE: The use of land or buildings equipped for the playing of electronic, mechanical, or other games and amusements including electronic games, pinball games and slot machine arcades and billiard and pool halls. ANIMAL UNIT: Any one of the following animals or groups of animals, wherein for species not listed and for general calculation, one animal unit is equivalent to 454 kg live weight: 1 bull; 1 dairy cow; 2 heifers; 2 beef cattle; 5 calves, veal or otherwise; 1 sow in farrow to finish operation; 3 sows in other than farrow to finish operations; 6 hogs; 3 boars; 150 female mink (including associated males and kits); 200 rabbits; 40 foxes (including litters); 7 goats; 1 horse (including foals); 8 sheep (ewes); 16 sheep (lambs); 252 laying hens; 350 pullets; 70 broiler turkeys; 60 heavy turkeys; 40 heavy tom turkeys; 500 broiler chickens or roosters; 66 I I I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 ANTENNA: an electrical device that converts electric currents into propagating electric and magnetic fields in the form of waves (i.e. radio waves or electromagnetic waves) and vice versa (Reference: Safety Code 6: Health Canada's Radiofrequency Exposure Guidelines). For the purpose of this Development Regulation, "antenna" has the same meaning as "antenna system", which is a structure located outside of the walls and roofs of building structures or attached to them, supporting equipment for the said purpose, comprising a mast or tower which is either self supporting, attached to a building or another structure, or stayed with anchored guy wires, or some combination thereof, wherein antennas which are shorter than 15 metres in height are classed as "short", those taller as "tall". APARTMENT BUILDING: A building containing three or more dwelling units, but does not include a row dwelling. APPLICANT: A person who has applied to an Authority for an approval or permit to carry out a development. APPEAL BOARD: The appropriate Appeal Board established under the Act. ARTERIAL STREET: The streets in the Municipal Planning Area constituting the main traffic arteries of the area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map. AUTHORITY: The Town Council of Hampden. BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons other than the immediate family of the owner or tenant. BED AND BREAKFAST: An owner-occupied or owner-managed establishment for paid temporary accommodation for up to 16 overnight guests that may include a dining room for the . use of overnight guests and their invitees. The establishment must be registered with and receive a rating from Canada Select and must also be approved by the provincial government ministry charged with tourism matters as a Bed and Breakfast operation. 67 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 BOAT SHED or BOAT HOUSE or STAGE or WHARF: a building or structure located on land or in the water, at the edge of a water body, and used to house or berth boats and to store related gear and equipment. BOAT HOUSE: see Boat Shed BUILDING: As defined in the Urban and Rural Planning Act 2000, 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 adapted or constructed for residential, commercial, 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). BUILDING HEIGHT: The vertical distance, measured in metres from the established grade to the (i) highest point of the roof surface of a flat roof, (ii) deck line of a mansard roof, and (iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in any case, a building height shall not include mechanical structure, smokestacks, steeples and purely ornamental structures above a roof; (Refer to Minister 's Development Regulations, January 2, 2001) 68 I I I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 Note: informal illustrations are shown below to assist with interpretation of building height H. (I) The h{ghe'9t point of the roof surface of a flot roof Flat Roof (ri) The dee~ lif'\e o-f a mansard roof Mansard Roof (iii) The mean height level between eave and ridge of a gable, hip or gambrel roof: Goble. Root Simple Hip Roof ond in any e<1se. o bu.Uding height shall ~ot Include mi,c:hanlccd ,s_tructi.xre. flTtokQto<:kl$, ititeple, and "purely ornamental ,tructureis, e1bove, a roof 69 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 BUILDING LINE: A line established by an Authority that runs parallel to a street line and is set at the closest point to a street that a building may be placed. (Refer to Minister 's Development Regulations, January 2, 2001) BUILDING LINE SETBACK: see Front Yard Depth. COLLECTOR STREET: A street that is designed to link local streets with arterial streets and which may be designated as a collector street in the Municipal Plan, or on the Zoning Map. CONVENIENCE STORE: A small retail store that carries limited lines of goods, such as a partial line of groceries, housewares, and clothing; gifts; and speciality items. DAY CARE CENTRE or DAY NURSERY: A building or part of a building in which services and activities are regularly provided to children of pre-school age during the full daytime period as defined under the Day Nurseries Act, but does not include a school as defined by the Schools Act. DEVELOPMENT: As defined in the Urban and Rural Planning Act 2000, the carrying out of building, engineering, mining or other operations in, on, over, or under land, or the making of any material change in the use, or the intensity of use of any land, buildings, or premises and the (a) making of an access onto a highway, road or way; (b) erection of an advertisement or sign; ( c) parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an office, or for living accommodation, and excludes (d) the carrying out of works for the maintenance, improvement or other alteration or any building, being works which affect only the interior of the building or which do not materially affect the external appearance or use of the bui1ding; 70 I I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 (e) the carrying out by a highway authority of works required for the maintenance or improvement of a road, being works carried out on land within the boundaries of the road reservation; (f) the carrying out by a local authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of street or other land for that purpose; and (g) the 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: Regulations made under sections 34 to 38 of the Urban and Rural Pl'l1nning Act 2000. DISCRETIONARY USE: A use that is listed within the discretionary use classes established in the use zone tables of an Authority's development regulations. (Refer to Minister 's Development Regulations, January 2, 2001) DIRECTOR: The Director of the Local Governance and Land Use Planning Division of the Department of Environment, Climate Change and Municipalities or successor official. DOUBLE DWELLING: A building containing two dwelling units, placed one above the other, or side by side, but does not include a self-contained dwelling containing a subsidiary apartment. DWELLING UNIT: A self-contained unit consisting of one or more habitable rooms used or designed as the living quarters for one household. ENGINEER: A professional engineer employed or retained by the Authority. ESTABLISHED GRADE: a) where used in reference to a building, the average elevation of the finished surface of the ground where it meets the exterior or the front of that building exclusive of any artificial embankment or entrenchment, or 71 Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 b) where used in reference to a structure that is not a building, the average elevation of the finished grade of the ground immediately surrounding the structure, exclusive of any artificial embankment or entrenchment. (Refer to Minister 's Development Regulations, January 2, 2001) FAMILY AND GROUP HOME: A dwelling accommodating up to but no more than six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this definition includes, but is not limited to, facilities called "Family and Group Care Centres", "Group Homes", "Halfway Houses", and "Foster Homes" and is classified in the Classification Table in Schedule Bas "Family & Group Homes". FLAG LOT: A lot characterized by a shape in which the lot's main body of land is located some distance from a street, typically lying behind other lots located along the street line, and in which the main body of the lot is joined to the street by a narrow leg which provides access to the main body of the flag lot. A flag lot is so named because its shape in a simple rectangular configuration resembles a flag on a pole, where the main body of the lot is separated from the street and access to the street is along the part of the lot, or by way of an easement or licence in part or in whole across abutting land, having the narrow pole shape (the street lies at the foot of the pole). 72 I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 RECTANGULAR SHAPE a lot b lot : lot : STREET a: main body of the flag lot IRREGULAR SHAPE ---- - -----: lot : lot STREET b: leg or prolongation of the flag lot to provide access to a street The "pole" or leg lying between the main body of the lot and the street may be of any configuration, not necessarily of uniform ~idth; the minimum width and composition thereof are stated in the Use Zone Tables. See the illustration to the left. FLOOR AREA: The total area of all floors in a building measured to the outside face of exterior walls. (Refer to Minister's Development Regulations, January 2, 2001) FRONTAGE: The horizontal distance between side lot lines measured at the building line. (Refer to Minister 's Development Regulations, January 2, 2001) FRONT YARD DEPTH: The distance between the front lot line of a lot and the front wall of the main building on the lot. This has the same meaning as "building line setback" as used in the use zone tables. GARAGE: A building erected for the storage of motor vehicles as an ancillary use to a main building on the lot. GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up, demolishing, or treating any article, commodity or substance. "Industry" shall be construed accordingly. GENERAL GARAGE: Land or buildings used exclusively for repair, maintenance and storage of motor vehicles and may include the sale of gasoline or diesel oil or other motive fuel. 73 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 HAZARDOUS INDUSTRY: The use of land or buildings for industrial purposes involving the use of materials or processes which because of their inherent characteristics, constitute a special fire, explosion, radiation or other hazard. HOME BUSINESS: A secondary use of a dwelling and/or its accessory buildings by at least one of the residents of the dwelling to conduct a gainful occupation or business activity. INSPECTOR: Any person appointed and engaged as an Inspector by the Authority or by any federal or provincial Authority or the agent thereof. INSTITUTION: A building or part thereof occupied or used by persons who: (a) are involuntarily detained, or detained for penal or correctional purposes, or whose liberty is restricted, or; (b) require special care or treatment because of age, mental or physical limitations or medical conditions. LAND: As defined in the Urban and Rural Planning Act 2000, includes land covered by water, and buildings and structures on, over, or under the soil and fixtures that form part of these buildings and structures. LIGHT INDUSTRY: Use of any land or buildings for any general industrial use that can be carried out without hazard or intrusion and without detriment to the amenity of the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance. LOCAL STREET: A street designed primarily to provide access to adjoining land and which is not designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map. LODGING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons other than the immediate family of the owner or tenant. LOT: Any plot, tract or parcel of land which can be considered as a unit of land for a particular use or building. (Refer to Minister 's Development Regulations, January 2, 2001) 74 I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 LOT AREA: The total horizontal area within the lot lines of the lot. (Refer to Minister 's Development Regulations, January 2, 2001) LOT COVERAGE: The combined area of all buildings on the lot measured at the level of the lowest floor above the established grade expressed as a percentage of the total area of the lot. (Refer to Minister's Development Regulations, January 2, 2001) MARINA: A dock or basin together with associated facilities where slips, moorings, supplies, repairs, and other services that are typically available for boats and other watercraft, including storage, sales and rentals, with or without a club house and catering facilities. It can also include a fishing stage or shed associated with a dock or wharf. MINERAL EXPLORATION: 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: 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 75 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 remediation of soil. "Quarry material" for the purpose of interpreting the definition of mineral working is as defined in the provincial Quarry Materials Act, 1998. Mineral working does not include mining but may include mineral exploration (development) as a secondary activity. Mineral working does not include the excavation and removal of quarry materials as a by- product of an approved development. MINING: 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 Department of Natural Resources. "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. MOBILE HOME: A transportable factory-built single family dwelling unit: (a) which complies with space standards substantially equal to those laid down in the Canadian Code for Residential Construction and is in accordance with the construction standards laid down and all other applicable Provincial and Municipal Codes and; (b) which is designed to be: (i) transported on its own wheels and chassis to a mobile home lot, and subsequently supported on its own wheels, jacks, posts or piers, or on a permanent foundation, with or without the wheels left attached, and; (ii) connected to exterior public utilities approved by the Authority, namely, piped water, piped sewer, electricity and telephone, in order for such mobile home unit to be suitable for year round term occupancy. Water supply and/or sewage disposal may be provided by use of private water supply and/or private sewage disposal systems where permissible. 76 I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 MOBILE HOME PARK: A mobile home development under single or joint ownership, cared for and controlled by a mobile home park operator where individual mobile home lots are rented or leased with or without mobile home units placed on them and where ownership and responsibility for the maintenance and development of site facilities including water supply and sewage disposal, access roads, communal areas, snow clearing and garbage collection, or any of them, are the responsibility of the mobile home park management, and where the mobile home development is classified as a mobile home park by the Authority. Water supply and/or sewage disposal may be provided by connection to exterior public utilities approved by the Authority or by use of private water supply and/or private sewage disposal systems where permissible. MOBILE HOME SUBDIVISION: A mobile home development requiring the subdivision of land whether in single or joint ownership into two or more pieces or parcels of land for the purpose of locating thereon mobile home units under either freehold or leasehold tenure and where the maintenance of streets and services is the responsibility of a municipality or public Authority, and where the mobile home development is classified as a mobile home subdivision by the Authority. Water supply and/or sewage disposal may be provided by connection to exterior public utilities approved by the Authority or by use of private water supply and/or private sewage disposal systems where permissible. NON-CONFORMING USE: means a legally existing use that is not listed as a permitted or discretionary use for the use zone in which it is located or which does not meet the development standards for that use zone. (Refer to Minister 's Development Regulations, January 2, 2001) OWNER: means a person or an organization of persons owning or having the legal right to use the land under consideration. (Refer to Minister's Development Regulations, January 2, 2001) PARKING AREA: means an open area containing parking spaces and any interior aisles and lanes necessary for parking and movement of motor vehicles. PARKING SPACE: means a space exclusive of any driveways or interior aisles or lanes, upon which one motor vehicle may be parked . 77 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 PERMITTED USE: means a use that is listed within the permitted use classes set out in the use zone tables of an Authority's development regulations. ( Refer to Minister 's Development Regulations, January 2, 2001) PETROLEUM EXPLORATION AND EXTRACTION: separate land uses involving the exploration and extraction, respectively, of petroleum resources and for which the requisite permits have been issued by the Department of Industry, Energy and Technology. PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working. PROHIBITED USE: means a use that is not listed in a use zone within the permitted use classes or discretionary use classes or a use that an Authority specifies as not permitted within a use zone. (Refer to Minister 's Development Regulations, January 2, 2001) REAR YARD DEPTH: means the distance between the rear lot line and the rear wall of the main building on the lot. (Refer to Minister 's Development Regulations, January 2, 2001) RESTAURANT: A building or part thereof, designed or intended to be used or occupied for the purpose of serving the general public with meals or refreshments for consumption on the premises. ROW DWELLING: Three or more dwelling units at ground level in one building, each unit separated vertically from the others. SEASONAL RESIDENCE: A dwelling which is designed or intended for seasonal or recreational use, and is not intended for use as permanent living quarters. SERVICE STATION: Any land or building used exclusively for the sale of petroleum products or other motive fuels, automotive parts and accessories, minor repairs, washing and polishing of motor vehicles. SERVICE STREET: A street constructed parallel to or close to another street for the purpose of limiting direct access to that street. 78 I Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 SHOP: A building or part thereof used for retail trade wherein the primary purpose is the selling or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of retail services but does not include an establishment wherein the primary purpose is the serving of meals or refreshments, an amusement use, a general garage, or a service station. SHOPPING CENTRE: A group of shops and complementary uses with integrated parking and which is planned, developed and designed as a unit containing a minimum of 5 retail establish- ments. SHOWROOM: A building or part of a building in which samples or patterns are displayed and in which orders may be taken for goods, wares or merchandise, including vehicles and equipment, for later delivery. SIDE YARD DEPTH: means the distance between a side lot line and the nearest side wall of any building on the lot. (Refer to Minister's Development Regulations, January 2, 2001) SIGN: means a word, letter, model, placard, board, device or representation, whether illuminated or not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement or direction and excludes those things employed wholly as a memorial, advertisements of local government, utilities and boarding or similar structures used for the display of advertisements.(Refer to Minister 's Development Regulations, January 2, 2001) STAGE: see Boat Shed STREET: means a street, road, highway or other way designed for the passage of vehicles and pedestrians and which is accessible by fire department and other emergency vehicles. (Refer to Minister's Development Regulations, January 2, 2001) STREET LINE: means the the edge of a street reservation as defined by the Authority having jurisdiction. (Refer to Minister 's Development Regulations, January 2, 2001) SUBDIVISION: As defined in the Urban and Rural Planning Act 2000, the dividing of any land, whether in single or joint ownership, into two or more pieces for the purpose of development. 79 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 SUBSIDIARY APARTMENT: A separate dwelling unit constructed within and subsidiary to a self-contained dwelling. TAKE-OUT FOOD SERVICE: A building in which the primary purpose is the preparation and sale of meals or refreshments for consumption off the premises. TAVERN: Includes a nightclub and means a building licensed or licensable under the Liquor Control Act wherein meals and food may be served for consumption on the premises and in which entertainment may be provided. TOWN: means the Authority USE: means a building or activity situated on a lot or a development permitted on a lot. (Refer to Minister 's Development Regulations, January 2, 2001) USE ZONE or ZONE: means an area of land including buildings and water designated on the zoning map to which the uses, standards and conditions of a particular use zone table apply. (Refer to Minister 's Development Regulations, January 2, 2001) VARIAN CE: 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. (Refer to Minister 's Development Regulations, January 2, 2001) WETLAND: an area which is saturated by surface or ground water sufficient to support, and which under normal circumstances supports a prevalence of vegetation typically adapted for life in the saturated soil conditions, and includes swamps, marshes, bogs, fens and similar areas. WHARF: see Boat Shed WIND ENERGY SYSTEM or WIND TURBINE: means a mechanical system for the conversion of wind energy to useful electrical or mechanical energy; a typical wind energy system consists of a tower or mast supporting a rotating apparatus including a rotor, generator and mechanical drives, and ancillary devices related to the control and maintenance of the system. A tower supported wind turbine is self-supporting whereas a mast is stayed with guy 80 I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 wires; for the purpose of these Regulations, the words "tower" and "mast" are used interchangeably. A wind turbine wherein the tower is shorter than 15 metres in height is classed as "short", those taller as "tall". YARD: An open uncovered space on a lot appurtenant to a building ( except a court) and unoccupied by buildings or structures except as specifically permitted elsewhere in these Regulations. Yard types are front yards, side yards, rear yards and tlankage yards, as illustrated on the next page. ZONING MAP: The map or maps attached to and forming part of the Authority's regulations. (Refer to Minister 's Development Regulations; January 2, 2001) 81 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 SIMPLE RECTANGULAR LOT D Rear yard E F -0- Side Side yard building yard H G - - B A I C ~ ~ '1l' In the simple case, without the street added to the left, the rear yard is the addition of areas D, E and F and the front yard is A, B and C. Adding the street to the left creates a corner lot which then creates a tlankage yard on what otherwise would have been a side yard and parts of the front and rear yards. The tlankage yard with the street added is the addition of areas B, H and D in the simple rectangular lot. The arrows point to extensions of the side yard lines in a simple rectangular lot. In an irregular lot, the interpretation of the meaning of yards can be complex, such as the illustration below showing the position of a tlankage yard when the street to the left is added. if:? - t -. --------------rear 'l.>l:i / Yi!rd ______ _ :s - t I £ - "!? I' ~ -i & ~ I I $ I ii; , / ------------------Front yard-------- STREET 81 Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 GROUP A. ASSEMBLY USES SCHEDULE B CLASSIFICATION OF USES OF LAND AND BUILDINGS The classification of uses set out in the following table is based on the Classification of Typical Occupancies included as Table 3.1.2.A of the National Building Code of Canada, 1980. This classification is referred to in Regulation 87. DIVISION CLASS EXAMPLES I. Assembly Uses for the pro- (a) Theatre Motion Picture Theatres duction and viewing of the T.V. Studios admitting an performing arts. audience. 2. General Assembly Uses (a) Cultural Libraries and Civic Museums Art Galleries Court Rooms Meeting Rooms Council Chambers (b) General Community Halls Assembly-halls and Lodge Halls active exercise uses Dance Halls Gymnasia Auditoria Bowling Alleys (c) Educational Schools Colleges (non- residential) (d) Place of Churches and similar places of Worship worship. Church Halls ( e) Passenger Passenger Terminals Assembly (f) Club and Private Clubs and Lodge Lodges (non-residential) (g) Catering Restaurants Bars Taverns (h) Funeral Funeral Homes and Chapels Home (i) Child Care Day Care Centres (j) Amusement Electronic Games Arcades Pinball Parlours Poolrooms 83 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP DIVISION CLASS EXAMPLES A. ASSEMBLY 3. Arena-type Uses (a) Indoor Arenas USES Assembly Armouries (continued) Ice Rinks Indoor Swimming Pools 4. Open-air Assembly Uses (a) Outdoor Bleachers Assembly Grandstands Outdoor Ice Rinks and Swimming Pools Amusement Parks and Fair- grounds Exhibition Grounds Drive-in Theatres B. INSTITU- 1. Penal and Correctional (a) Penal and Jails TIONAL Institutional Uses Correctional Penitentiaries USES Detention Police Stations (with detention quarters) Prisons Psychiatric Hospitals (with detention quarters) Reformatories 2. Special Care (a) Medical Children's Homes Institutional Uses Treatment Convalescent Homes and Special Homes for Aged Care Hospitals Infirmaries Orphanages Psychiatric Hospitals Sanatoria C. RESIDENTIAL 1. Residential (a) Single Single Detached USES Dwelling Dwelling Dwellings Uses Family & Group Homes (b) Double Semi-detached Dwelling Dwelling Duplex Dwellings Family & Group Homes 84 Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 GROUP DIVISION C. RESIDENTIAL I . Residential USES Dwelling (continued) Uses (continued) 2. General Residential Uses D. BUSINESS 1. Business, Professional, and & PERSONAL Personal Service Uses SERVICE USES CLASS (c) Row Dwelling (d) Apartment Building (a) Collective Residential (b) Boarding House Residential (c) Commercial Residential (d) Seasonal Residential (e) Mobile Home and Mobile Home Park (a) Office (b) Medical & Professional (c) Personal Service 85 EXAMPLES Row Houses Town Houses Family & Group Homes Apartments Family & Group Homes Residential Colleges & Schools University & College Halls of Residence Convents & Monasteries Nurses and Hospital Residences Boarding Houses Lodging Houses Hotels & Motels Hostels Residential Clubs Campgrounds Recreational Vehicle Parks Summer Homes & Cabins Hunting & Fishing Cabins Mobile Homes and Mobile Home Parks as separate classes of use Offices (including Government Offices) Banks Medical Offices and Consulting Rooms Dental Offices & Surgeries Legal Offices Similar Professional Offices Barbers Hairdressers Beauty Parlours Small Appliance Repairs Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 GROUP DIVISION D. BUSINESS & 1. Business, PERSONAL Professional - SERVICE & Personal USES Service Uses (continued) (continued) E. MERCANTILE 1. Retail Sale and USES Display Uses CLASS (d) General Service (e) Communications (f) Police Station (g) Taxi Stand (h) Take-out Food Service (i) Veterinary (a) Shopping Centre (b) Shop (c) Indoor Market (d) Outdoor Market (e) Convenience Store 86 EXAMPLES Self-service Laundries Dry Cleaners (not using flammable or explosive substances) Small Tool and Appliance Rentals Travel Agents Radio Stations Telephone Exchanges Police Stations without detention quarters Taxi Stands Take-out Food Service Veterinary Surgeries Shopping Centres Retail Shops and Stores and Showrooms Department Stores Market Halls Auction Halls Market Grounds Animal Markets Produce and Fruit Stands Fish Stalls Confectionary Stores Corner Stores Gift Shops Specialty Shops I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 GROUP DIVISION F. INDUSTRIAL 1. Industrial uses involving USES highly combustible and hazardous substances and processes. 2. General Industrial Uses involving Limited Hazardous Substances and Processes. 3. Light, Non- hazardous or Non-intrusive Industrial Uses. G. NON- 1. Uses not directly BUILDING related to USES building 87 CLASS EXAMPLES (a) Hazardous Bulk Storage of Industry hazardous liquids and sub- stances. Chemical Plants Distilleries Feed Mills Lacquer, Mattress, Paint, Varnish, and Rubber Factories Spray Painting (a) General Factories Industry Cold Storage Plants Freight Depots General Garages Warehouses Workshops Laboratories Laundries Planing Mills Printing Plants Contractors' Yards (b) Service Gasoline Service Station Stations Gas Bars (a) Light Light Ind us try Industry Parking Garages Indoor Storage Warehouses Workshops (a) Agriculture Commercial Farms Hobby Farms Market Gardens & Nurseries (b) Forestry Tree Nurseries Silviculture and harvesting (c) Mining, Mineral Separate classes of uses as Exploration, Mineral defined in Schedule A Working, Petroleum Exploration, Petroleum Extraction Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 GROUP DIVISION G. NON- 1. Uses not directly BUILDING related to building. USES (continued) (continued) CLASS (d) Recreational Open Space (e) Conservation (f) Cemetery (g) Scrap Yard (h) Solid Waste (i) Animal U) Antenna or Wind Turbine (k) Transportation 88 EXAMPLES I Playing Fields Sports Grounds Parks Playgrounds Watersheds Buffer Strips Flood Plains I Architectural, Historical and Scenic Sites Steep Slopes Wildlife Sanctuaries Cemeteries Graveyards Car Wrecking Yards Junk Yards Scrap Dealers Solid Waste Disposal Sanitary Land Fill Incinerators Animal Pounds Kennels Zoos TV, Radio and Communications Transmitting and Receiving Masts I and Antennas Wind Turbine Airfields Railway Yards Docks and Harbours I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 NOTE: SCHEDULE "C" USE ZONE TABLES This schedule contains tables showing the use classes which may be permitted or which may be treated as discretionary use classes for the purpose of these Regulations. The tables also indicate the required standards of development and may also include conditions affecting some or all of the use classes. The schedule contains tables for the following Use Zones, for which the abbreviations are as noted: Mixed Development ................................................................................ MD Industrial ................................................................................................ IND Forestry .................................................................................................. FOR Protected Public Water Supply ........................................................... PPWS Rural ...................................................................................................... RUR 89 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 USE ZONE TABLE ZONE TITLE MIXED DEVELOPMENT (MD) PERMITTED USES (HAMPDEN) 1) Single dwelling, seasonal dwelling, and mobile home classes, including home businesses of a benign nature and subsidiary apartments therein 2) Recreational open space 3) Forestry uses, including domestic cutting for fuel wood 4) Mineral exploration 5) Existing agricultural uses Note: subsidiary apartments are permitted in single dwelling and mobile home developments-see Section B Regulation 59. DISCRETIONARY USES Any other use except for: 1) Hazardous industry class 2) Agriculture class involving keeping of any number of large animals 3) Scrapyards 4) Solid waste 5) Wind turbines taller than those defined as "short". NOTE: see Section B Regulation 10 concerning the Discretionary Powers of Authority. 90 I I I I Town of Hampden: Development Regulati ons 2020 As appr oved by Council 9 Mar ch 2021 STANDARDS WHERE PERMITTED Single Double Row APARTMENT BUI LDING Dwelling, Dwelling Dwelling I 2 3 4+ Seasonal Dwelling, Bed Bed Bed Bed Mobile Home Apt. Apt. Apt. Apt. + all other uses not named Lot area (m 2) minimum 450 390 350 200 250 280 300 * * * * * * (average) Floor area (m2) 70 in the 70 65 40 50 60 70 minimum dwelling and * * * * * * See Regulation 48 for 40 in a "tiny homes" provision subsidiary apartment Minimum length of all 4.8 4.8 4.8 10 main walls in dwelling structures (m) Frontage (m) minimum 15 26 12 42 * (average) Building Line Setback 6 8 8 15 (m) (minimum) *** Rearyard Depth (m) 9 9 9 9 (minimum) *** (3 m for mobile homes) Sideyard width (m) 1.5 1.5 1.5 5 (minimum) *** Lot Coverage(%) 33 33 33 33 (maximum) Height (m) 8 8 10 10 (maximum)** Table continues next page 91 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 * Per dwelling unit. ** Except for wind turbines and antennas, and accessory buildings - see Conditions 6 and 7 respectively. *** Where permitted, docks and wharves in the transportation class, including boat sheds, boat houses, and stages, may be built to any lot line which corresponds to the high water mark. Requirements for other yards shall continue to apply. CONDITIONS 1. Discretionary Uses The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are in compliance with the policies of the Municipal Plan and the requirements of the Development Regulations, and are complementary to uses within the permitted use classes and that their development will not inhibit or prejudice the existence or the development of such uses. 2. Family and Group Homes Family and group home uses may be permitted at Council's discretion in single dwellings only, and subject to the conditions in Section B Regulation 43. 3. Home Based Businesses Home businesses are subject to the following conditions and any other conditions related to the specific site: (i) The business is clearly an accessory use to the residential use and does not detract from the residential character of the neighbourhood. (ii) The business does not alter the residential appearance or require external modification of the dwelling unit. (iii) Activities associated with the business shall be carried on inside the dwelling unit or inside one or more accessory buildings separate from the dwelling structure but on the same lot. (iv) Not more than twenty-five per cent of the floor area of the dwelling up to a maximum of forty-five square metres, whichever is less, in the dwelling is devoted to the 92 I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 business. The dwelling unit component of the floor area in the dwelling building must continue to meet the dwelling unit minimum floor area requirement. All or some of the floor areas in accessory buildings may be used for the home business. (v) The business is operated by a resident(s) of the dwelling unit and their assistants and employees, who are not required to be residents. (vi) Office uses shall be limited to those related to the classes of use named in the Permitted Uses table. (vii) General service businesses shall be limited to production of foodstuffs, including prepared meals for consumption off the property; production or repair of on-site- made articles such as small devices, clothing and arts and crafts; and, repair or adjustment of small equipment such as appliances, small engines, and mechanical and electronic devices. Incidental sales of items related to the main business is permitted. (viii) Open or outdoor storage of vehicles, goods or materials is not permitted. (ix) The business shall not generate traffic, sewage flow or water use in excess of what is normal in the residential area and can be accommodated by the existing municipal street, water and sewer services or private water supplies and/or private sewage disposal systems. (x) Activities associated with the business are to be not hazardous and not cause noticeable noise, odour, dust or fumes, nor cause electrical interference or in any other way result in a nuisance to the occupants of surrounding residences. (xi) Signs are permitted subject to the requirements of Part III. In addition, internal illumination of signs is not permitted. (xii) The Authority may require fencing, screening and separation or a combination of the two to protect the amenity of adjacent uses. (xii) Parking requirements are as set out in Schedule D, but a minimum of one space is required for a home business in addition to the minimum required parking for the dwelling. (xiv) The residential lot has sufficient area to accommodate the parking requirements of 93 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 both the dwelling unit and the home business. (xv) No change in type, nature or extent of the business shall be permitted except in accordance with a permit issued at the discretion of the Authority. 4. Mobile Homes and Mobile Home Parks a) Mobile homes shall meet the same standards and conditions as specified for single dwellings except that the minimum rear yard depth shall be reduced as shown in the Standards table. Exterior finishes and features shall be of a type found in conventional single dwelling construction in the community. Informal note for the reader's convenience: since mobile homes are often thought of in Imperial measure: a mobile home 4.8 metres wide must therefore be a minimum of about 15 metres in length to meet the requirement that the minimum floor area be 70 square metres. In Imperial measure, that corresponds to a simple rectangular structure 16 feet wide by 50 feet long, which has a floor area of 720 square feet, the size of a 24 foot by 30 foot building footprint. A mobile home 50 feet long needs to protrude deeper into the rear yard so as comply with the required building line setback, hence the lesser rear yard requirement. b) Development of mobile home parks as defined in Schedule A shall be subject to the same standards and conditions as for residential subdivisions, and shall be subject to a development agreement between the operator and the Authority concerning the matters stated in the definition in Schedule A, including the management and maintenance of the streets and water and sewer services which are privately owned and operated in such developments. 5. Campgrounds A site plan approval is required for a campground development, which shall address servicing, access to highways and streets, and management of the facility, in addition to careful attention to aesthetics, compatibility with surrounding land uses, security, and other terms in a development agreement between the owner and the Authority. 94 I I I I I I I I I I I I Town of Hampden : Development Regulations 2020 As approved by Council 9 March 2021 6. Wind Turbines and Antennas Setback and other conditions applicable to wind turbines and antennas are: I) Guy wires and anchors of antennas and wind turbines must be on the same lot as the tower. 2) The minimum setback of the towers of such structures from all lot lines shall be: a) For short wind turbines, 10 metres plus the length of one rotor blade, for safety reasons related to ice shedding from the blades. b) For short antennas, 10 metres. c) For tall antennas and wind turbines: not applicable. 7. Height of Accessory Buildings The height of an accessory building shall not exceed the height of any other building on the lot, except that the Authority may approve a greater height where there is no significant adverse aesthetic or safety effect. 95 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 USE ZONE TABLE ZONE TITLE INDUSTRIAL (IND) (HAMPDEN) PERMITTED USES 1) The industrial group except for the hazardous industry class 2) The non-building uses group except for wind turbines taller than those defined as "short" DISCRETIONARY USES 1) Hazardous industry class 2) Wind turbines taller than those defined as "short" NOTE: see Section B Regulation 10 concerning the Discretionary Powers of Authority. CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses. 2. Development Standards: a) Minimum lot area: lot area to be sufficient to satisfy provincial government requirements for use of private water supply and/or sewage disposal systems, or 500 square metres if the lot is serviced with both municipal water and sewer service. b) Minimum Building Line Setback c) Minimum side yard width, except where buildings are built with adjoining party walls d) Minimum Rear yard Depth e) Maximum Height, except for wind turbines and antennas f) Minimum Frontage 96 20 metres 5 metres 20 metres 20 metres 30 metres I I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 3. Buffering of Mixed Development Zone Screening shall be provided between any land uses in the Industrial (IND) Zone and any abutting lands located in the Mixed Development (MD) Zone, as required by Regulation 40(1 ). 4. Wind Turbines and Antennas The minimum setback of the towers of such structures from all lot lines shall be: a) For short wind turbines, 10 metres plus the length of one rotor blade, for safety reasons related to ice shedding from the blades. b) For short antennas, 10 metres. c) For tall antennas and wind turbines, 500 metres. 97 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 USE ZONE TABLE ZONE TITLE FORESTRY (FOR) PERMITTED USES Permitted uses are the following classes of use: a) Agriculture b) Forestry c) Mining d) Mineral Exploration e) Mineral Working f) Petroleum Exploration g) Petroleum Extraction h) Conservation i) Antenna or Wind Turbine of any height DISCRETIONARY USES: None 1. Discretionary Use Classes: not applicable. 2. Development Standards: (HAMPDEN) a) Minimum lot area: lot area to be sufficient to satisfy provincial government requirements for use of private water supply and/or sewage disposal systems, or 500 square metres if the lot is serviced with municipal water and sewer service. b) Minimum Building Line Setback 20 metres c) Minimum side yard width, except where buildings are built with adjoining party walls d) Minimum Rear yard Depth e) Maximum Height, except for wind turbines and antennas f) Minimum Frontage 3. Development Subject to Provincial Government Approval All developments are subject to approval of provincial government authorities. 98 5 metres 20 metres 10 metres 30 metres I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 USE ZONE TABLE ZONE TITLE PROTECTED PUBLIC WATER SUPPLY PERMITTED USES (PPWS) (HAMPDEN) Conservation class uses and uses related to the management of the lands for the municipal water utility works DISCRETIONARY USES 1) Recreation and Open Space class, including trails 2) Forestry class, but only in conjunction with a professionally prepared site and/or trails plan or forestry management plan, respectively, approved by the provincial government and the Council. NOTE: see Section B Regulation 10 concerning the Discretionary Powers of Authority. CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of such uses, and provided that all requisite approvals of provincial and federal governments are secured prior to Council's consideration of applications. 2 Development Standards and Conditions for Permitted and Discretionary Uses Any development must be approved by the appropriate provincial ministries, including but not limited to those charged with water resources and environmental matters. 99 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 USE ZONE TABLE ZONE TITLE RURAL (RUR) (HAMPDEN) PERMITTED USES 1. Agriculture class 2. Forestry class 3. Conservation use class 4. Existing mineral exploration class 5. Existing mineral workings class 6. Existing cemeteries and expansions thereof DISCRETIONARY USES: All other uses. NOTE: see Section B Regulation 10 concerning the Discretionary Powers of Authority. CONDITIONS 1. Permitted and Discretionary Use Classes The permitted and discretionary use classes listed in this table may be permitted provided that they are in keeping with the policies of the Municipal Plan and the requirements of the Development Regulations and the Conditions for this Use Zone. 2. Standards for Residential Development a) The development standards and conditions for residential group developments, including those for home business uses in single dwellings, mobile homes and "tiny homes", shall be the same as those in the Mixed Development (MD) Zone. b) Buildings in a residential development shall be located no less than I 00 metres from existing non-residential developments, in order to mitigate potential negative effects on the residential use from close proximity at the time of approval. 100 I Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 3. Standards for Non-Residential Development The development standards and conditions for developments other than those in the residential group are as follows: a) Minimum lot area: lot area to be sufficient to satisfy provincial government requirements for use of private water supply and/or sewage disposal systems, or 500 square metres if the lot is serviced with municipal water and sewer service. b) Minimum Building Line Setback c) Minimum side yard width, except where buildings are built with adjoining party walls d) Minimum Rear yard Depth e) Maximum Height, except for wind turbines and antennas f) Minimum Frontage 4. Buffering of Mixed Development Areas 20 metres 20 metres 20 metres 10 metres 30 metres Screening shall be provided between any non-residential land uses in the Rural (RUR) Zone and any abutting lands located in the Mixed Development (MD) Zone, as required by Regulation 40(1 ). 5. Wind Turbines and Antennas Setback and other conditions applicable to wind turbines and antennas are: 1) Guy wires and anchors of antennas and wind turbines must be on the same lot as the tower. 2) The minimum setback of the towers of such structures from all lot lines shall be: a) For short wind turbines, 10 metres plus the length of one rotor blade, for safety reasons related to ice shedding from the blades. b) For short antennas, 10 metres. c) For tall antennas and wind turbines, 500 metres. 101 Town of Hampden: Development Regulations 2020 As approved by Council 9 March 2021 Schedule D OFF-STREET PARKING REQUIREMENTS Pursuant to Section B Regulation 51 , the number of off-street parking spaces shall be provided according to the following minimum requirements: a. Assembly uses other than educational and child care: b. Educational and child care uses: c. Institutional uses d. Dwelling uses e. General Residential uses f. Business and personal service uses g. All other uses Schedule E: Land Use Zoning Map 1 102 l space for every five seats or if there are no seats, one space for each 100 square metres of floor area devoted to public occupancy 2 spaces for each classroom or 25 students or children, whichever is less l space for each two beds or cl ientele spaces 2 spaces for each dwelling unit plus 2 spaces for a subsidiary apartment 1 space for each rental suite or unit, plus I space for each 10 square metres of common spaces such as common rooms, kitchens, and recreation areas. 1 space for each 20 square metres of floor area 1 space for each 30 square metres of floor area