Harbour Grace, Newfoundland and Labrador
· adopted 2010-07-28
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TOWN OF HARBOUR GRACE
DEVELOPMENT REGULATIONS 2010
URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF HARBOUR GRACE DEVELOPMENT REGULATIONS 2010
Under Section 16 of the Urban and Rural Planning Act 2000, the Town Council of
Harbour Grace adopts the Town of Harbour Grace Development Regulations 2010.
Adopted by the Town Council of Harbour Grace on the 28th day of July, 2010.
Signed and sealed this_______ day of ___________, 2010.
Mayor:
______________________
Don Coombs
Clerk:
______________________
Lester Forward
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Development Regulations have been prepared in
accordance with the requirements of the Urban and Rural Planning Act 2000.
MCIP:
___________________
Arvo McMillan, MCIP
URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF HARBOUR GRACE DEVELOPMENT REGULATIONS 2010
Under the authority of Section 16, Section 17 and Section 18 of the Urban and
Rural Planning Act 2000, the Town Council of Harbour Grace
a)
adopted the Town of Harbour Grace Development Regulations 2010 on
the 28th day of July, 2010.
b)
gave notice of the adoption of the Town of Harbour Grace Development
Regulations 2010 by advertisement inserted on the 17th day of August,
2010 and the 24th day of August, 2010 in the Compass newspaper and the
21st day of August, 2010 in the Telegram newspaper.
c)
set the 9th day of September, 2010 at 7:00 p.m. at the Firemen's Social
Building, Harbour Grace for the holding of a public hearing to consider
objections and submissions.
Now under the authority of section 23 of the Urban and Rural Planning Act 2000,
on the 13th day of September, 2010 the Town Council of Harbour Grace approves the
Town of Harbour Grace Development Regulations 2010.
SIGNED AND SEALED this ______ day of _____________, 2010
Mayor:
_____________________
Don Coombs
Clerk:
_____________________
Lester Forward
TABLE OF CONTENTS - Page 1
APPLICATION ................................................................................................................ 1
1.
Short Title.......................................................................................................... 1
2.
Interpretation ..................................................................................................... 1
3.
Commencement ................................................................................................ 1
4.
Urban and Rural Planning Act 2000 - Ministerial Development Regulations .... 1
5.
Municipal Code and Regulations ...................................................................... 1
6.
Town ................................................................................................................. 1
PART I - GENERAL REGULATIONS ............................................................................. 2
7.
Compliance with Regulations ............................................................................ 2
8.
Permit Required ................................................................................................ 2
9.
Permit to be Issued ........................................................................................... 2
10.
Permit not to be Issued in Certain Cases .......................................................... 2
11.
Discretionary Powers of Town .......................................................................... 2
12.
Variances by Town ........................................................................................... 3
13.
Service Levy ..................................................................................................... 3
14.
Financial Guarantees by Developer .................................................................. 4
15.
Dedication of Land for Public Use ..................................................................... 5
16.
Reinstatement of Land ...................................................................................... 5
17.
Form of Application ........................................................................................... 5
18.
Register of Application ...................................................................................... 6
19.
Deferment of Application ................................................................................... 6
20.
Approval in Principle ......................................................................................... 6
21.
Development Permit ......................................................................................... 7
22.
Reasons for Refusing Permit ............................................................................ 8
23.
Notice of Application ......................................................................................... 8
24.
Right of Entry .................................................................................................... 8
25.
Record of Violations .......................................................................................... 9
26.
Stop Work Order and Prosecution .................................................................... 9
27.
Appeals ............................................................................................................. 9
PART II - GENERAL DEVELOPMENT STANDARDS .................................................. 10
28.
Access Ramps and Decks .............................................................................. 10
29.
Accesses and Service Streets ........................................................................ 10
30.
Accessory Buildings - Dwellings ..................................................................... 10
31.
Accessory Buildings - Non-Dwelling and Non-Apartment Building Uses ........ 11
32.
Accessory Uses .............................................................................................. 12
33.
Advertisements ............................................................................................... 13
34.
Archaeological Sites ....................................................................................... 13
35.
Building Line and Setback, Complementary Yard Setbacks ........................... 13
36.
Building Near Highways Regulation ................................................................ 14
37.
Buildings on a Lot ........................................................................................... 14
38.
Comprehensive Development ......................................................................... 14
39.
Family and Group Care Centres ..................................................................... 15
40.
Forestry and Trees .......................................................................................... 15
41.
Height Exceptions ........................................................................................... 15
TABLE OF CONTENTS - Page 2
42.
Heritage Sites and Areas ................................................................................ 16
43.
Livestock Structures and Uses ........................................................................ 16
44.
Lot Area .......................................................................................................... 16
45.
Lot Area and Size Exceptions ......................................................................... 17
46.
Lot Frontage .................................................................................................... 17
47.
Mineral Exploration ......................................................................................... 17
48.
Non-Conforming Uses .................................................................................... 18
49.
Offensive and Dangerous Uses ...................................................................... 19
50.
Offstreet Loading and Parking Requirements ................................................. 20
51.
Parks and Playgrounds, and Conservation Uses, Uses Permitted in all Zones
20
52.
Recreational Trails and Walkways .................................................................. 20
53.
Residential Buffer ............................................................................................ 21
54.
Screening and Landscaping............................................................................ 22
55.
Services and Public Utilities ............................................................................ 22
56.
Service Stations .............................................................................................. 22
57.
Site Development ............................................................................................ 23
58.
Site Development - Fill and Landscaping Permit Requirements .................... 23
59.
Site Development - Quarry and Soil Removal ................................................ 24
60.
Site Development - Slope Greater than 15 Percent or 20 Percent ................. 24
61.
Street Construction Standards ........................................................................ 25
62.
Subsidiary Apartments .................................................................................... 25
63.
Unsubdivided Land ......................................................................................... 25
64.
Utilities - Wind Mills, Wind Farms, Other Energy Sources ............................. 25
65.
Waterways and Wetlands ............................................................................... 26
PART III - ADVERTISEMENTS .................................................................................... 28
66.
Advertisements and Signs .............................................................................. 28
(1)
Permit Required ....................................................................................... 28
(2)
Form of Application .................................................................................. 28
(3)
Advertisements in Street Reservation ...................................................... 28
(4)
Permit Valid for Limited Period ................................................................ 28
(5)
Advertisements, Non-Compliant .............................................................. 28
(6)
Removal of Advertisements .................................................................... 29
(7)
Advertisements - Non-Conforming Uses.................................................. 29
(8)
Prohibition ................................................................................................ 29
(9)
Signs or Advertisements Not Specifically Covered .................................. 29
67.
Advertisements - Designated Areas, Standards and Excluded Areas ............ 30
68.
Advertisements Exempt from Control ............................................................. 30
69.
Advertisements - Temporary and/or Portable Signs ....................................... 31
70.
Advertisements and Signs near Highways ...................................................... 32
71.
Advertisements Relating to On-Site Uses ....................................................... 32
72.
Advertisements Relating to Off-Site Uses ....................................................... 33
PART IV - SUBDIVISION OF LAND .............................................................................. 34
73.
Permit Required and Sureties ......................................................................... 34
TABLE OF CONTENTS - Page 3
74.
Services to be Provided .................................................................................. 34
75.
Payment of Service Levies and Other Charges .............................................. 34
76.
Issue of Permit Subject to Considerations ...................................................... 34
77.
Building Permits Required .............................................................................. 35
78.
Form of Application ......................................................................................... 35
79.
Subdivision Subject to Zoning ......................................................................... 35
80.
Building Lines .................................................................................................. 35
81.
Land for Public Open Space ........................................................................... 35
82.
Structure in Street Reservation ....................................................................... 36
83.
Subdivision Design Standards ........................................................................ 37
84.
Engineer to Design Works and Certify Construction Layout ........................... 38
85.
Developer to Pay Engineer's Fees and Charges ............................................ 39
86.
Street Works May Be Deferred ....................................................................... 39
87.
Transfer of Streets and Utilities to Town ......................................................... 39
88.
Restriction on Sale of Lots .............................................................................. 40
89.
Grouping of Buildings and Landscaping ......................................................... 40
PART V - USE ZONES ................................................................................................. 41
90.
Use Zones....................................................................................................... 41
91.
Use Classes .................................................................................................... 41
92.
Permitted Uses ............................................................................................... 41
93.
Discretionary Uses .......................................................................................... 41
94.
Uses Not Permitted ......................................................................................... 42
SCHEDULE A - DEFINITIONS ..................................................................................... 43
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ................. 53
SCHEDULE C - USE ZONE SCHEDULES .................................................................. 59
RESIDENTIAL (RES) ZONE .................................................................................. 60
MIXED DEVELOPMENT (MD) ZONE .................................................................... 68
TOWN (TN) ZONE ................................................................................................. 71
HERITAGE DISTRICT (HD) ZONE ........................................................................ 74
PUBLIC ASSEMBLY (PA) ZONE ........................................................................... 80
OPEN SPACE AND RECREATION (OSR) ZONE ................................................. 81
COMMERCIAL (COM) ZONE ................................................................................ 82
INDUSTRIAL (IND) ZONE ..................................................................................... 85
RURAL (RU) ZONE ............................................................................................... 87
ENVIRONMENTAL PROTECTION (EP) ZONE ..................................................... 95
PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE ..................................... 96
HIGHWAY (HWY) ZONE ..................................................................................... 102
SCHEDULE D - OFFSTREET LOADING AND PARKING REQUIREMENTS ............ 103
SCHEDULE E - WATERWAYS AND WETLANDS - W.R. 97-1 AND W.R. 97-2 ........ 108
Maps - Land Use Zoning Maps 1 and 2
TOWN OF HARBOUR GRACE MUNICIPAL PLAN
DEVELOPMENT REGULATIONS
APPLICATION
1.
Short Title
These Regulations may be cited as the Harbour Grace Development
Regulations.
2.
Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings
ascribed to them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings
that are commonly assigned to them in the context in which they are used
in the Regulations.
3.
Commencement
These Regulations come into effect throughout the Harbour Grace Municipal
Planning Area, hereinafter referred to as the Planning Area, on the date of
publication of a notice to that effect in the Newfoundland and Labrador Gazette.
4.
Urban and Rural Planning Act 2000 - Ministerial Development Regulations
The Ministerial Development Regulations, Newfoundland Regulation 3/01,
(Ministerial Regulations), enacted under Section 36 of the Act, shall apply to
development within the Planning Area. Where there is conflict between these and
the Harbour Grace Development Regulations, the Ministerial Regulations shall
prevail. The Ministerial Development Regulations are included with the Harbour
Grace Development Regulations.
5.
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical
Code, and any other ancillary code and any Building Regulations, Waste
Disposal Regulation and/or any other municipal regulations regulating or
controlling the development, conservation and use of land in force in the Town of
Harbour Grace, shall, under these Regulations apply to the entire Planning Area.
6.
Town
In these Regulations, "Town" means the Council of the Town of Harbour Grace.
Town of Harbour Grace
Development Regulations 2010
PART I - GENERAL REGULATIONS
2
PART I - GENERAL REGULATIONS
7.
Compliance with Regulations
No development shall be carried out within the Planning Area except in
accordance with these Regulations.
8.
Permit Required
No person shall carry out any development within the Planning Area except
where otherwise provided in these Regulations unless a permit for the
development has been issued by the Town.
9.
Permit to be Issued
Subject to Regulations 10 and 11, a permit shall be issued for development
within the Planning Area that conforms to the requirements of these Regulations.
10. Permit not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within
the Planning Area when, in the opinion of the Town, it is premature by reason of
the site lacking adequate road access, power, drainage, sanitary facilities, or
domestic water supply, or being beyond the natural development of the area at
the time of application unless the applicant contracts to pay the full cost of
construction of the services deemed necessary by the Town and such cost shall
attach to and upon the property in respect of which it is imposed.
11. Discretionary Powers of Town
In considering an application for a permit or for approval in principle to carry out
development, the Town 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
Town may, in its discretion, and as a result of its consideration of the matters set
out in this Regulation, conditionally approve or refuse the application. However,
Town of Harbour Grace
Development Regulations 2010
PART I - GENERAL REGULATIONS
3
the exercise of this discretionary power does not enable the Town to allow a
permitted use or discretionary use which is not permitted under Schedule C or
other Regulation.
12.
Variances by Town
(1)
See Ministerial Development Regulations, Section 12.
(2)
Where an approval or a permit cannot be given by the Town because a
proposed development does not comply with development standards set
out in these Regulations, the Town may, in its discretion, vary the
applicable development standards to a maximum of 10%, if, in the Town'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 the public interest.
(3)
The Town shall not allow a variance from development standards set out
in these 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 not greater
than 10%.
(4)
The Town shall not permit a variance from the development standards
where the proposed development would increase the non conformity of an
existing development.
(5)
Public Notice - When a variance is necessary under this Regulation, the
Town shall, at the expense of the applicant, give written notice to the
property owners in the immediate vicinity of the proposed variance.
13. Service Levy
(1)
The Town 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 Town of constructing or improving the public works
Town of Harbour Grace
Development Regulations 2010
PART I - GENERAL REGULATIONS
4
referred to in Regulation 13(1) that are necessary for the real property to
be developed in accordance with the standards required by the Town and
for uses that are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
a)
the amount of real property benefited by the public works related to
all the real property so benefited; and,
b)
the density of development made capable or increased by the
public work.
(4)
The Town may require a service levy to be paid by the owner of the real
property at:
a)
the time the levy is imposed;
b)
the time development of the real property commences;
c)
the time development of the real property is completed; or,
d)
such other time as the Town may decide.
14. Financial Guarantees by Developer
(1)
The Town may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may
be required to guarantee the payment of service levies, ensure site
reinstatement, and to enforce the carrying out of any other condition
attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the
form of:
a)
a cash deposit from the developer, to be held by the Town, or;
b)
a guarantee by a bank, or other institution acceptable to the Town,
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 Town.
(3)
Financial Guarantees - Mineral Workings
a)
The developer shall provide a financial guarantee in the form of a
performance bond or unconditional and irrevocable letter of credit
or other form acceptable to the Town for an amount to cover the
Town of Harbour Grace
Development Regulations 2010
PART I - GENERAL REGULATIONS
5
cost of restoring or landscaping the site after the quarry operations
have ended or the site is abandoned by the applicant.
b) The financial guarantee shall be returned when the Reclamation Plan
has been carried out or the development terminated and any
conditions attached to the development permit have been met to the
satisfaction of the Town.
15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Part IV
(Subdivisions), the Town may require the dedication of a percentage of the land
area of any subdivision or other development for public use, and such land
shall be conveyed to the Town in accordance with Section 37 of the Act.
Unless the Town decides otherwise, park land and land that is dedicated for
public use under Section 37 of the Act will not include
land
that
the
Town
requires to be set aside for storm water management, roads, public services,
public utilities or environmental protection and that this shall be in addition to
whatever land the Town may require under Section 37 of the Act.
16.
Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Town may order the developer, the occupier of the site, or the owner or all of
them to reinstate the site, to remove all or any buildings or erections, to cover or
fill all wells or excavations, and to close all or any accesses, or to do any of these
things or all of them, as the case may be, and the developer, occupier or owner
shall carry out the order of the Town and shall put the site in a clean and sanitary
condition to the satisfaction of the Town.
17. Form of Application
(1)
An application for a development permit or for Approval in Principle shall
be made only by the owner or by a person authorized by the owner to the
Town on such form as may be prescribed by the Town, and every
application shall include such plans, specifications and drawings as the
Town may require, and be accompanied by the permit fee required by the
Town.
Town of Harbour Grace
Development Regulations 2010
PART I - GENERAL REGULATIONS
6
(2)
The Town shall, on request, supply to every applicant a copy of the
application forms referred to in Regulation 17(1) and a description of the
plans, specifications and drawings required to be provided with the
application.
18. Register of Application
The Town shall keep a public register of all applications for development, and
shall enter therein the Town's decision upon each application and the result of
any appeal from that decision.
19. Deferment of Application
(1)
The Town 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 Town and on which a decision has
not been communicated to the applicant within eight weeks of the receipt
thereof by the Town, and on which consideration has not been deferred in
accordance with Regulation 19(1), shall be deemed to be refused.
20. Approval in Principle
(1)
The Town may grant Approval in Principle for subdivision or any other
development, 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 Town of such details as may be
listed in the Approval in Principle, which shall also specify that further
application for approval of these details shall be received not later than
two years from the grant of Approval in Principle.
(3)
An Approval in Principle or conditions attached thereto is subject to appeal
under the Act.
(4)
Notwithstanding an Approval in Principle, no work shall commence until a
Development Permit or other permit has been issued by the Town.
Town of Harbour Grace
Development Regulations 2010
PART I - GENERAL REGULATIONS
7
21. Development Permit
(1)
A plan or drawing which has been approved by the Town and which bears
a mark and/or signature indicating such approval together with a permit
shall be deemed to be permission to develop land in accordance with
these Regulations but such permission shall not relieve the applicant from
full responsibility for obtaining permits or approvals under any other
regulation or statute prior to commencing the development; from having
the work carried out in accordance with these Regulations or any other
regulations or statutes; and from compliance with all conditions imposed
thereunder.
(2)
The Town may attach to a permit 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)
The Town may in its discretion issue a permit for a temporary use such as
an outdoor market, a temporary shelter for a vehicle or a boat, and other
permissible uses which have a limited and fixed term. The permit shall
specify its duration, and upon expiry of the permit, the use shall be
removed. In no case shall the term of a temporary permit exceed two
years, which may be extended in writing by the Town for a further period
as specified not exceeding two years. This clause does not apply to
advertisements which are covered under Part III of the Development
Regulations.
(4)
A permit is valid for a specified period, not to exceed two years. If the
development has not commenced, the permit may be renewed for a
further period not in excess of one year, but a permit shall not be renewed
more than once, except in the case of a permit for an advertisement,
which may be renewed in accordance with Part III of these Regulations.
(5)
The approval of any application and plans or drawings or the issue of a
permit shall not prevent the Town 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 Town 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
Town of Harbour Grace
Development Regulations 2010
PART I - GENERAL REGULATIONS
8
information.
(7)
No person shall erase, alter or modify any drawing or specifications upon
which a permit to develop has been issued by the Town.
(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.
(9)
A development permit or permit or conditions attached thereto is subject to
appeal.
22. Reasons for Refusing Permit
The Town shall, when refusing to issue a permit or attaching conditions to a
permit, state the reasons for so doing.
23. Notice of Application
When a change in nonconforming use is to be considered (see also Ministerial
Regulations), or when the development proposed is listed as a discretionary use
in Schedule C, or where required elsewhere in these Regulations, the Town
shall, at the expense of the applicant, give notice of an application for a permit or
for approval in principle, by public advertisement in a newspaper circulating in the
area or by any other means deemed necessary.
When a variance is necessary under Regulation 12 (see also Ministerial
Regulations), the Town shall, at the expense of the applicant, give written notice
to the property owners in the immediate vicinity of the proposed variance.
24.
Right of Entry
Any official authorized by the Town 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 Town is empowered to regulate.
Town of Harbour Grace
Development Regulations 2010
PART I - GENERAL REGULATIONS
9
25.
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 Town.
26.
Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to
these Regulations, the Town may order that person to stop the
development or work connected therewith pending final adjudication in
any prosecution arising out of the development.
(2)
A person who does not comply with an order made under Regulation 26(1)
is guilty of an offence under the provisions of the Act.
27. Appeals
See Ministerial Regulations - Sections 5 to 11.
Where an appeal lodged under Section 42 of the Urban and Rural Planning Act
has been successful, the fee paid by the appellant shall be reimbursed by the
Town.
Town of Harbour Grace
Development Regulations 2010
PART II - GENERAL DEVELOPMENT STANDARDS
10
PART II - GENERAL DEVELOPMENT STANDARDS
28.
Access Ramps and Decks
(1) An access ramp for a wheel chair, may, at the discretion of the Town after
consultation with abutting property owners, be erected in a minimum front,
rear or side yard if there is no alternative means of providing the access ramp
and it does not create a safety hazard or block sight lines.
(2) An open or partially enclosed deck attached to a building shall not extend into
the minimum permissible front and side yards and flanking road setback and
shall not be closer to the rear lot line than 1 metre.
(3) An access ramp or open deck not is deemed to be part of the building when
calculating lot coverage under Schedule C.
29. Accesses and Service Streets
(1) Access shall be located to the specification of the Town so as to ensure the
greatest possible convenience and safety of the street system and the Town
may prescribe the construction of service streets to reduce the number of
accesses to collector and arterial streets.
(2) No vehicular access shall be closer than 10 metres to the street line of any
street intersection.
30. Accessory Buildings - Dwellings
(1) Accessory buildings shall be clearly incidental and complementary to the use
of the main buildings in character, use and size, and shall be contained on the
same lot and shall not have a negative effect on neighbouring properties.
(2) Unless otherwise determined by the Town under Clause (3) below, no
accessory building or part thereof shall project in front of any dwelling or the
building line setback, whichever is the greater distance, from the front or
flanking road lot line.
(3) Where the dwelling is set back well back of the minimum building line, and
provided that the Town is satisfied that erecting an accessory building in front
Town of Harbour Grace
Development Regulations 2010
PART II - GENERAL DEVELOPMENT STANDARDS
11
of the dwelling is in keeping with the general appearance of the area, the
Town may permit an accessory building to be erected between the dwelling
and the minimum building line as set out in Schedule C.
(4) The lot coverage of an accessory building shall not exceed the lot coverage of
the dwelling, and the total lot coverage of all buildings on the property shall
not exceed 33%.
(5) Unless otherwise determined by the Town under Clause (6) below, the
maximum height of an accessory building shall not exceed 4 metres and one
storey. The minimum rear yard is 1 metre for an accessory building 4 metres
or less in height.
(6) Subject to the discretion of the Town, the Town may allow an accessory
building to have a maximum height of 6 metres and one storey, provided that
the Town is satisfied that the increased height will not create a nuisance for
nearby properties and provided that minimum rear yard is 3 metres for any
accessory building over 4 metres in height.
(7) Subject to Clause (2) for a flanking road, the minimum side yard for an
accessory building is 1.5 metres.
(8) Accessory buildings shall maintain a minimum separation distance of 3
metres from a dwelling.
31.
Accessory Buildings - Non-Dwelling and Non-Apartment Building Uses
(1) Accessory Buildings within the Heritage District Zone of Schedule C are
subject to the requirements of the Heritage District Zone.
(2) This Regulation sets out the requirements for accessory buildings for non-
dwelling uses, that is, uses not included Regulation 30 outside the Heritage
District Zone.
(3) Accessory buildings shall be clearly incidental and complementary to the use
of the principal buildings in character, use and size, and shall be contained on
the same lot as the principal building or buildings.
(4) Building Line - The minimum building line (distance from the front lot line) for
an accessory building shall be as that set out in the Schedule C Use Zone for
principal and other buildings.
Town of Harbour Grace
Development Regulations 2010
PART II - GENERAL DEVELOPMENT STANDARDS
12
(5) Side Yard and Rear Yard and Flanking Road - the minimum side yard and
rear yard for an accessory building shall be 5 metres where it abuts a
residential zone or property, and the accessory building shall not be closer to
a flanking road than that set out for the principal building under Schedule C.
(6) Separation Distance from Principal Building - Accessory buildings shall
maintain a minimum separation distance of 3 metres from a principal building
or the minimum required by the Building Code, whichever is the greater.
(7) Lot Coverage - No lot coverage requirements are set out.
(8) Floor Area - No floor area requirements are set out.
(9) Height - The maximum height of an accessory building shall not exceed the
height of the principal building.
32.
Accessory Uses
See also Schedule A.
Subject to Schedule C, uses accessory to a permitted or discretionary use can
be permitted in any zone, for example:
a) facilities for the serving of food and alcoholic beverages in an arena or other
place of assembly, museum, marina, or hotel (commercial - residential);
b) vehicle repair facilities within a shop, such as a major retail outlet, or
automobile dealership;
c) a gift or souvenir shop in a museum, hotel or other establishment;
d) office and/or a small convenience store or catering establishment in a
campground;
e) a dock or wharf or stage associated with a permitted or discretionary use;
f) an accessory dwelling or accessory dwelling unit, such as a caretaker's
dwelling or dwelling unit;
g) a business conducted in a dwelling or a building accessory to a dwelling
conducted by a resident of a dwelling and compatible with the primary
residential use of the property (home business);
h) a solar panel, satellite dish or similar device attached to a building.
These accessory uses shall be clearly subsidiary to and controlled so as to be
compatible with the primary use and the use of nearby properties.
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33. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part
III of these Regulations.
34.
Archaeological Sites
(1)
If an archaeological site or historical artefacts are discovered during
construction, development shall stop and the Provincial Archaeology
Office of the Department of Tourism, Culture and Recreation consulted.
Development shall not proceed until the Provincial Archaeology Office has
evaluated the site.
(2)
Before approval is granted for a major development, such as a
subdivision, or a new commercial or public building, the application shall
be referred to the Provincial Archaeology Office for investigation.
35. Building Line and Setback, Complementary Yard Setbacks
(1) The Town, by resolution, may establish building lines on an existing or
proposed 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 under Schedule C of these Regulations.
(2) The building line setback is measured from the front property line and the side
lot line where the side lot line runs along a flanking road on a corner lot.
(3) However, notwithstanding the minimum front, side and rear yard requirements
set out under Schedule C, the Town may allow development to complement
existing building setbacks from the front, side and rear lot lines of the
adjoining properties by modifying the minimum yard requirements after
notification is given to the adjacent property owners.
(4) The building line along Provincial highways shall not be less than that
specified under the provincial Building Near Highways Regulations.
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36.
Building Near Highways Regulation
Veteran's Memorial Highway (Route 75, Conception Bay North By-pass Road),
the Conception Bay North Highway (Route 70, Harvey Street) and Bryant's Cove
Road (Route 70-20) are covered by the Building Near Highways Regulation
under the Works, Services and Transportation Act and thus any development
within the limits prescribed under the Regulation shall be approved by the
Minister of Transportation and Works before a permit is issued by the Town.
Any building, fence, shrub or hedge within 45 metres of the centre-line of
Veteran's Memorial Highway, 15 metres of the centre-line of the Conception Bay
North Highway-Harvey Street, and 10 metres the Thicket, Bristol's Hope and
Bryant's Cove Roads cannot be approved until permission is given by the
Department of Transportation and Works. Access to any of these roads must be
approved by the Department of Transportation and Works before a permit is
issued by the Town.
37.
Buildings on a Lot
(1)
Except for single dwellings, more than one principal or main building may
be permitted on a lot provided that the requirements of Schedule C are
satisfied. However, more than one single dwelling can be permitted on lot
where it forms part of a comprehensive development.
(2)
Sufficient area shall be reserved to satisfy the yard and other allowances
called for in the Use Zone in which the lot located and the allowances shall
be retained when the adjacent land is developed.
38.
Comprehensive Development
The Town may in its discretion permit a large scale private or public
comprehensive development that does not meet the requirements of these
Development Regulations for frontage on a publicly owned and maintained road
('public road'), lot size, lot frontage, minimum or maximum building line setback,
side yard width and rear yard depth, provided that:
a) the Town is satisfied that either the site conditions are such that the standard
requirements could not be met, or, the quality of the development would be
greater than could otherwise occur through the application of the standard
requirements;
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b) a comprehensive development plan of the property has been granted
Approval in Principle by the Town, along with other approvals before permits
are issued for development;
c) the comprehensive development itself has frontage on a public road and the
development is connected to the municipal water and sewer system;
d) the development is compatible with adjacent development;
e) there are at least two developments within the comprehensive development
and the land area of the development is at least two hectares;
f) the property is situated within the town or municipal boundary as opposed to
being outside the Town, but within, the Municipal Planning Area Boundary;
g) where roads and services are to be installed, the developer supplies sureties
to the Town as required under these Regulations or a policy adopted by the
Town.
39. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is
adequate in size to accommodate the number of persons living in the group,
inclusive of staff, provided that in the opinion of the Town, the use of the dwelling
does not materially differ from, nor adversely affect, the amenities of the adjacent
residences, or the neighbourhood in which it is located. The Town may require
special access and safety features to be provided for the occupants before
occupancy is permitted.
40.
Forestry and Trees
Forestry development, including timber cutting, is subject to the approval of the
Forestry Services Branch of the Department of Natural Resources and the Town.
Trees in subdivisions and on individual properties shall be retained or replaced
wherever possible, and in order ensure that this occurs, the Town shall require
that a landscaping and site grading plan is submitted for any new development
that entails the development of the entire site or significant portion thereof.
See also Regulations 57 and 58.
41. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be
waived in the case of communication masts and antennae, flagpoles, water
towers, spires, belfries, or chimneys, but any such waiver which results in an
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increase of more than 20% in the permitted height of the structure shall only be
authorized under the provisions of Regulation 11.
42. Heritage Sites and Areas
(1)
A number of buildings and sites are provincially designated Registered
Heritage Structures by the Heritage Foundation of Newfoundland and
Labrador. In addition there are other structures and sites which are
architecturally and historically significant and yet are not municipally or
provincially designated. The designated properties are shown on the
Harbour Grace Municipal Plan 2010 Background Map.
(2)
No development shall be allowed which could impair the quality of the
designated building or site, or other additional buildings or sites which
would be so designated or identified in the future.
(3)
Any development adjacent or within 30 metres of these properties shall be
reviewed by the Town to ensure that there are no negative effects on
these properties.
(4)
The Town may from time to time designate additional heritage sites and
areas under the Municipalities Act.
43. Livestock Structures and Uses
Any structure containing livestock shall be approved by the Agrifoods
Development Branch along the Town, and if necessary, a minimum separation
distance shall be established between the livestock structure and other
developments.
44. Lot Area
(1) No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a front yard, rear yard, side yard,
frontage or lot area that is less than that permitted by these Regulations for
the zone in which such lot is located.
(2) Where any part of a lot is required by these Regulations to be reserved as a
yard, it shall continue to be so used regardless of any change in the
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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.
45. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots
already exist in any residential zone, with insufficient frontage or area to permit
the owner or purchaser of such a lot or lots to comply with the provisions of these
Regulations, then these Regulations shall not prevent the issuing of a permit by
the Town for the erection of a dwelling thereon, provided that the lot coverage
and height are not greater than, and the yards and floor area are not less than
the standards set out in these Regulations.
46. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of
these Regulations, no residential or commercial building shall be erected unless
the lot on which it is situated fronts directly onto a publicly owned and maintained
street or forms part of a Comprehensive Development Scheme.
47.
Mineral Exploration
(1) No permit shall be issued by the Town for mineral exploration until the
necessary permits and approvals have been obtained from the Departments
of Natural Resources, Government Services, and Environment and
Conservation, together with any other relevant Provincial agencies.
(2) Subject to the other provisions of the Development Regulations, mineral
exploration which is not classed as development by virtue of appreciable
ground disturbance, construction of access roads, noise, odour and
appearance can be permitted anywhere in the Planning Area, provided that
adequate notification is provided to the Town.
(3) Mineral exploration which is classed as development can or may be permitted
in certain zones provided that adequate provision is made for buffering/and or
other mitigations of impacts of existing or future urban residential,
commercial, industrial, institutional and recreational areas and provided that
all necessary approvals are obtained.
(4) Higher impact mineral exploration classed as development shall be subject to
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conditions that control noise, appearance, duration of the drilling or
excavating program and the control of other impacts that may arise. The
precise nature of these controls will depend upon the location of the mineral
exploration in respect to built-up and environmentally sensitive areas, such as
watersheds, waterways and wetlands.
(5) Where there is to be ground disturbance, the developer shall provide a site
restoration surety and/or other satisfactory guarantees of site landscaping to
the Town.
48.
Non-Conforming Uses
(1) This Regulation is derived from Section 108 (2) of the Urban and Rural
Planning Act 2000, and Sections 14, 15, and 16 of the Ministerial
Development Regulations.
(2) Notwithstanding a plan, scheme or regulations made under the Urban and
Rural Planning Act 2000, the Town 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 that the non-conforming use legally existed before the
registration under Section 24 of the Act of the plan, scheme or regulations
made with respect to that kind of development or use.
(3) Notwithstanding subsection (1), a right to resume a discontinued non-
conforming use of land shall not exceed one year. For the purpose of this
Regulation, discontinuance of a non-conforming use begins when any one of
the following conditions is met:
a) the building or use of land is clearly vacated or the building is
demolished;
b) the owner or tenant has ceased paying business occupancy taxes for
that use;
c) the owner or tenant has stated in writing that the use has ceased.
(4) A building, structure or development that does not conform to a scheme, plan
or regulations made under this Act that is allowed to continue under
subsection (2):
a) shall not be internally or externally varied, extended or expanded
unless otherwise approved by the Town;
b) shall not be structurally modified except as required for the safety of
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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 Town to a use that is, in their opinion more compatible
with a plan and regulations applicable to it;
e) may have the existing building extended by the Town where, in its
opinion that extension is not more than 50% of the existing building;
f) where the non-conformance is with respect to the 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;
g) where the building or structure is primarily zoned and used for
residential purposes, may, in accordance with the appropriate plan and
regulations, be repaired or rebuilt where 50% or more of the value of
that building or structure is destroyed; and
h) a residential building or structure referred to in the above paragraph
must, where being repaired or rebuilt, be repaired or rebuilt in
accordance with the plan and development regulations applicable to
that building or structure.
(5) Where considering a non conforming building, structure or development
under clause 4 (d) of this Regulation and before making a decision to vary an
existing use of that non-conforming building, structure or development, the
Town, 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.
49. 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 Town and any other authority having
jurisdiction.
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50. Offstreet Loading and Parking Requirements
See Schedule D.
51. Parks and Playgrounds, and Conservation Uses, Uses Permitted in all
Zones
Nothing in these 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.
Parks and playgrounds may be located on backlands but shall have at least one
5 metre wide vehicular access directly onto a public street. Fences, hedges or
barriers around parks and playgrounds shall be no higher than 1 metre when in
front of the building line on all street frontages, unless the fences or barriers are
constructed of materials which do not obstruct vision. The Town may permit
fences or barriers only to a maximum height of 1.5 metres in front of the building
line if they are constructed of materials which do not obstruct vision and their
design and construction is otherwise to the Town's satisfaction.
Uses Permitted in All Zones - In addition to conservation, accessory buildings
and uses, public services and utilities, recreational open space, trails, roads,
accesses and driveways can be permitted in all zones subject to the necessary
reviews and compliance with the intent of these Regulations and the Municipal
Plan.
52.
Recreational Trails and Walkways
See also Waterways and Wetlands.
(1) As a condition of an Approval in Principle and/or a development permit the
Town may require that a trail corridor be deeded to the Town or a non-profit
group approved by the Town, and where applicable, this may be considered
part of the open space requirement set out in Regulation.
(2) Wherever space and terrain characteristics allow, the appearance and use of
well known trails and/or mapped trails, including the Carbonear Branch Track
('Track' on the Land Use Zoning Maps), shall be protected by natural
vegetation buffers that separate the trail and other forms of development and
from hazard areas and areas subject to erosion, such as river and brook
banks.
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(3) The vegetation buffer shall be deep enough to prevent shallow rooted trees
being knocked over by wind.
(4) The buffer is included within the trail corridor that includes the trail and the
buffer.
(5) The minimum width of a trail corridor shall be 30 metres -15 metres either
direction from the centre of the trail. However, the trail corridor may be
reduced where:
a) the area adjacent the trail is already developed, as along portions of
the Track;
b) in the opinion of the Town it is necessary to reduce the corridor width
due to reasons of site conditions, ownership, or other pertinent factors,
in which case the trail or Track corridor may be reduced to 15 metres.
(6) For a trail to be eligible for protection it must be shown on the Land Use
Zoning Maps, and/or on a plan of trails adopted by the Town and/or, as
indicated on a plan of a trail which has been accepted by the Town.
(7) Unless it is already shown the Land Use Zoning Maps or other plan approved
by the Town as a trail, the designation of a trail or trails for protection shall be
advertised in accordance with the provisions of Regulation 23 and an
opportunity provided for persons to comment before a trail or plan of trails is
adopted by the Town.
(8) Within the trail corridor, only accessory recreational uses, public utilities and
roads can be allowed. No other development is permitted on or near the trail.
53.
Residential Buffer
(1) Where any proposed non-residential use is to abut an existing or proposed
residential use or a Residential zone, the proponent of the non-residential
development may be required to provide a buffer. Conversely, in the case of
a residential development locating adjacent to an existing or proposed non-
residential use or zone, the Town may require the developer of the residential
use to provide a buffer. Any such buffer shall be made up of hedges, trees,
shrubs, earthen berms or structural barriers that will sufficiently mitigate
noise, visual unpleasantness and other undesirable effects. Trees and
shrubs existing on the site prior to development which could form all or part of
a buffer shall not be removed.
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(2) Before approving any non-residential development near existing or proposed
residential development or Residential zones, the Town must be satisfied that
the proposed non-residential development:
a)
will not give rise to excessive noise or other forms or pollution;
b)
will not generate vehicle traffic which is above the level acceptable
to adjacent residential amenities;
c)
will not cause an unacceptable nuisance or hazard to adjacent
residential uses; and;
d)
in general, can be considered acceptable to the amenity of
residential uses.
54. Screening and Landscaping
(1) The Town may, in the case of existing unsightly development, order the
owner or occupier to provide adequate and suitable landscaping or screening;
and for this purpose may require the submission of an application giving
details of the landscaping or screening, and these Regulations shall then
apply to that application.
(2) The provision of adequate and suitable landscaping or screening may be
made a condition of any development permit where, in the opinion of the
Town, the landscaping or screening is desirable to preserve amenity, or
protect the environment.
55. Services and Public Utilities
The Town can within any zone permit land to be used in conjunction with the
provision of public services and public utilities if the use of that land is necessary
to the proper operation of the public service or public utility concerned provided
that the design and landscaping of any development of any land so used is, in
the opinion of the Town, adequate to protect the character and appearance of the
area.
56. Service Stations
The following requirements shall apply to all proposed service stations:
a) all gasoline pumps shall be located on pump islands designed for such
purpose, and to which automobiles may gain access from either side;
b) pump islands shall be set back at least 4 metres from the front lot line;
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c) accesses shall not be less than 7 metres wide and shall be clearly marked,
and where a service station is located on a corner lot, the minimum distance
between 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.
Site Development
(1) The Town shall consider the suitability of the site in terms of steepness of
grades, soils and geology, and environmentally sensitive areas, including
waterways and wetlands, when reviewing a development application.
(2) The Town shall ensure that the proposed development is not inappropriate by
reason of:
a)
precipitating or contributing to pollution in the area; and/or
b)
causing erosion and/or sedimentation; and/or
c)
causing damage to nearby properties.
58.
Site Development - Fill and Landscaping Permit Requirements
(1) A permit shall not be required for the ordinary landscaping of a property or the
creation of a garden and similar activity unless such activity is likely to affect
adjacent properties or a water body.
(2) A permit shall be obtained from the Town before any filling-in or excavation of
land takes place. This permit may be the same as the one obtained for the
construction of a dwelling or other use.
(3) Where such filling-in or excavation can affect the buffer of water body or the
water body, then a permit shall also be obtained from the Department of
Environment and Conservation, and where applicable, the Department of
Fisheries and Oceans Canada.
(4) A landscaping and site grading plan for any new development shall form part
of the application for a development permit for a development which entails
the development of the entire site or significant portion thereof and to this
application shall be attached a plan showing vegetation - particularly trees,
water-bodies, rock outcrops and other natural features.
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59.
Site Development - Quarry and Soil Removal
(1) If, as part of another development, quarry material is to be removed and sold
or otherwise disposed of, then a separate permit shall be obtained from the
Department of Natural Resources, Mineral Lands Division, for the removal of
quarry materials. A copy of the Town's permit must be forwarded to the
Mineral Lands Division.
(2) A site development quarry under this section is permitted wherever the use
that this quarry is associated with is permitted.
(3) A quarry permit issued under this section shall only be valid for a period of
one year or the term of the site development, whichever is the lesser.
However, if the Town feels that it is warranted, the permit may be renewed for
additional one-year periods up to a maximum of three years from the date of
the issuance of the first permit.
(4) When the work is completed, the area affected shall be suitably landscaped
and drained in accordance with a plan approved by the Town.
(5) If the site work is extensive, the Town may require the deposit of surety in
accordance with Regulation 14(3) that shall be returned to the developer
upon satisfactory completion of the work.
60.
Site Development - Slope Greater than 15 Percent or 20 Percent
(1)
Before approving development of a site having a slope greater than 15
percent up to 20 percent, the Town may require the submission of a
review of the development proposal by a certified planner, engineer,
landscape architect or similar professional. The review shall evaluate the
adequacy of site grading, drainage and landscaping and storm water
management and the potential of the development to cause erosion onto
and pollution of adjacent development and lands and bodies of water
receiving run-off from the site, and other similar matters.
(2)
No development shall be permitted on a slope greater 20 percent unless it
is a public or private recreational use or public service or utility.
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61. Street Construction Standards
A new street may not be constructed except in accordance with and to the design
and specifications laid down by the Town.
62. Subsidiary Apartments
Subsidiary apartments can be permitted in single dwellings only, and for the
purposes of calculating lot area and yard requirements, shall be considered part
of the self-contained dwelling.
63. 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.
64.
Utilities - Wind Mills, Wind Farms, Other Energy Sources
Wind mills, wind turbines, wind farms and other energy forms, including solar
based and small hydro generating facilities - "Utilities" in Schedule B - and
associated facilities and services are subject to the approval of the Town and the
conditions set out below.
Utilities are subject to the approval of or exemption by relevant provincial and
federal departments and agencies and public utilities, including the Mines and
Energy Division of the Department of Natural Resources, NALCOR and
Transport Canada. The design and location of such utilities shall take into
consideration their impact on nearby land uses and persons, the environment
and archaeological resources within the Town, along with other matters that the
Town may deem to be significant. Wind mills utilities within the built-up areas are
limited to single wind mills or wind turbines designed to serve particular
properties.
To prevent damage to persons and properties due to the failure of a windmill or
any of its components or the shedding of ice, the Town shall ensure that there is
adequate separation distance between the windmill and nearby structures and
properties.
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Unless specifically exempted by the relevant agencies, the design, construction
and location of a utility shall be certified by a professional engineer who has
consulted with the required agencies.
65.
Waterways and Wetlands
(1) Development within waterways and wetlands is subject to this Regulation and
all relevant provincial and federal policies and statutes, including Department
of Environment and Conservation Policy Directives W.R. 97-1, Development
in Shorewater Zones and 97-2, Development in Wetlands which are set out in
Schedule E. Where there is a conflict between the Policy Directives and this
Regulation, the more restrictive standards shall apply.
(2) The minimum width of a buffer along a waterway or wetland shall be 15
metres from the highwater mark, or 1 in 100 year flood zone, of the stream,
river, pond or other body of water or wetland. This 15 metre buffer shall be
expanded to 30 metres along the marine coast line and estuaries.
(3) If the toe of an embankment with an average slope of 30% or more lies within
15 m of the highwater mark, or 1 in 100 year flood zone of the waterway, then
the buffer shall be measured from the top of the embankment.
(4) Subject to the approval of the Department of Environment and Conservation
and the Town, the only uses that can be permitted in the buffer area of a
waterway are roads, driveways, public utilities, recreational open space and
trails and uses requiring direct access to a body of water, such as wharves
and docks and other marine related uses.
(5) Development, and this includes placing fill or other materials, within a
waterway and the buffer area of a waterway is subject to the approval of the
Town, the Provincial Government, and where necessary, the Government of
Canada.
(6) The Town or the Provincial Government may subject development within the
buffer area of a watercourse to an environmental review, and may approve,
approve subject to conditions, or refuse such development. The matter of
adequate and usable legal public access to the waterway shall be a
consideration in the review of an application for a structure within a buffer
and/or waterway.
(7) Any development within a body of water or involving the alteration of a body
of water must be approved by or exempted by the Department of
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Environment and Conservation for Crown Lands and referrals, Coast Guard
Canada of the Department of Fisheries and Oceans - Navigable Waters Act,
Fish Habitat Division of the Department of Fisheries and Oceans and/or, the
Water Resources Management Division of the Department of Environment
and Conservation before a permit is issued by the Town.
Development within a buffer is subject to the approval of the Water
Resources Management Division of the Department of Environment and
Conservation, Department of Fisheries and Oceans Canada and where
applicable, the Government Service Centre of the Department of
Government Services.
(8) Wetlands can only be developed in such a way as to minimize damage and
impacts on the hydrology and environment of the area.
(9) Any development within a wetland or the buffer of a wetland shall require the
approval of the Minister of Environment and Conservation as well as the
Town whether or not that wetland is zoned Conservation under the
Development Regulations.
(10)
If a waterway or wetland is deemed to be minor, wherever possible such
waterways and wetlands shall remain undeveloped and protected by a buffer.
If a site is to be developed, alternatives to covering over or eliminating such
waterways and wetlands shall be explored, including relocation of the
waterway or wetland and/or redesign of the development.
a)
A minor waterway is defined as being a drainage course, an
intermittent stream which does not carry significant storm flows
and/or a stream which is not a fish habitat.
b)
A minor wetland is defined as a wetland less than 5,000 square
metres in area not associated with a waterway and not deemed
have a role in water management, wildlife habitat or the
conservation of an environmentally sensitive area.
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PART III - ADVERTISEMENTS
66. Advertisements and Signs
Note: The terms "advertisement" and "sign" are interchangeable.
(1)
Permit Required
Unless specifically exempted, no advertisement shall be erected or
displayed in the Planning Area unless a permit for the advertisement is
first obtained from the Town, and, where necessary, from the Department
of Government Services and/or other provincial agencies.
(2)
Form of Application
Application for a permit to erect or display an advertisement shall be made
to the Town in accordance with Regulation 17.
(3)
Advertisements in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on
or over any highway or street reservation unless it is a premises sign
(advertisement relating to onsite uses) and unless this sign has been
approved by the Town and where necessary, the Department of
Government Services and/or other provincial agencies.
(4)
Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display an
advertisement shall be for a limited period, not exceeding two years, but
may be renewed at the discretion of the Town for similar periods.
(5)
Advertisements, Non-Compliant
Except where an advertisement is deemed to fall under one of the
categories
described
under Clause
(6)
of
this Regulation, an
advertisement presently not in compliance with the Regulations shall be
removed or brought into compliance within one year of the date of written
notification by the Town.
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PART III -ADVERTISEMENTS
29
(6)
Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Town may
require the removal of any advertisement which, in its opinion, is:
a)
hazardous to road traffic by reason of its siting, colour, illumination,
maintenance or structural condition, or;
b)
detrimental to the amenities of the surrounding area.
(7)
Advertisements - Non-Conforming Uses
A permit may be used for the erection or display of advertisements on a
building or within the courtyard of a building or on a parcel of land, the use
of which is a non conforming use, provided that the advertisement does
not exceed the size and type of advertisement which could be permitted if
the development was in a Use Zone appropriate to its use, and subject to
any other conditions deemed appropriate by the Town.
(8)
Prohibition
A sign shall not be erected, posted or placed:
a)
where, in the opinion of the Town, that sign would be hazardous to
road traffic by reason of its siting, illumination or structural
condition;
b)
where, in the opinion of the Town that sign would be detrimental to
the amenities of surrounding areas or length of highway or road;
c)
where that sign is not maintained to the satisfaction of the Town;
d)
within or over a highway or street intersection unless otherwise
approved by the Town for Town roads, or by the Department of
Transportation and Works for roads under Provincial jurisdiction;
e)
with the exception of premises advertisements, within 300 metres,
or a distance specified by the Department Transportation and
Works, or the Town of the intersection of two or more highways
and/or for Town roads, or from the crossing of a public road; and
f)
on a sign erected by the Department Transportation and Works.
(9)
Signs or Advertisements Not Specifically Covered
If an application is received for a sign or advertisement that does not fall
into one of the categories set out under these Regulations, subject to the
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PART III -ADVERTISEMENTS
30
other applicable requirements of these Regulations, the Town may
approve, approve with conditions, or refuse to approve the sign or
advertisement.
67.
Advertisements - Designated Areas, Standards and Excluded Areas
The Town may designate areas for advertisements and other signage, and
determine their location and type and prohibit advertisements and signage in
certain areas.
In order for these requirements to take effect, the designated areas and the
standards for advertisement and signage design, along with the prohibited areas
shall be specified in these Regulations.
68. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area
without application to the Town:
a)
a posting of a candidate in a federal, provincial or municipal election or a
regional school board election;
b)
a temporary sign relating to federal, provincial or municipal public works;
c)
a notice required by law to be posted;
d)
a regulatory, warning, directional, guide or informational sign erected by
the Department of Transportation and Works;
e)
a sign placed by a telephone, telegraph or electric power company to
indicate danger;
f)
a sign, not exceeding 0.5 square metres, advertising the sale or rental of a
building or lot upon which the sign is located;
g)
a flag, emblem or insignia of a nation, country or province;
h)
one temporary sign related to building construction located on a site on
which the work is being carried out;
i)
on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.2 m² in area;
j)
on an agricultural holding or farm, a notice board not exceeding 1.5 m² in
area and relating to the operations being conducted on the land;
k)
on land used for forestry purposes, signs or notices not exceeding 1 m² in
area and relating to forestry operations or the location of logging
operations conducted on the land;
l)
on land used for mining or quarrying operations, a notice board not
exceeding 1 m² in area relating to the operation conducted on the land;
m)
on a dwelling or within the courtyard of a dwelling, one nameplate not
Town of Harbour Grace
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PART III -ADVERTISEMENTS
31
exceeding 0.2 m² in area in connection with the practice of a business
carried on in the premises;
n)
on any site occupied by a church, school, library, art gallery, museum,
institution or cemetery, one notice board placed no closer than 3 metres
from a street line;
o)
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;
p)
on any parking lot directional signs and one sign not exceeding 1 m² in
size, identifying the parking lot; and,
q)
a sign indicating the location of a municipal or municipal planning area
boundary, located beyond the back slope of a highway ditching.
69.
Advertisements - Temporary and/or Portable Signs
(1)
A temporary and/or portable sign may be permitted in any zone for a
period not exceeding 30 consecutive days, or 45 days at the Town's
discretion where purpose of the sign is to promote a not-for-profit initiative,
provided the sign:
a)
does not exceed 5 m2 in area;
b)
does not create or aggravate a traffic hazard, such as by blocking a
sight-line;
c)
does not interfere with other lawful signs, including directional signs;
d)
is of location, materials, design and colour in keeping with the
character and appearance of the area;
e)
if necessary, is approved by the Department of Government
Services, together with the Town.
(2)
A renewal permit for a temporary sign may only be issued after 30 days
have passed since the original permit has expired.
(3)
A free standing temporary or portable sign affixed to the ground by legs
shall be properly anchored to the ground in a manner that is sound and
attractive.
(4)
If it is not exempted from these Regulations, with the written permission of
Newfoundland Power, or the owner if not Newfoundland Power, a sign
may be permitted on a utility pole.
Town of Harbour Grace
Development Regulations 2010
PART III -ADVERTISEMENTS
32
70.
Advertisements and Signs near Highways
Pursuant to Newfoundland Regulation 85/99 as amended, the Provincial
Government has designated "control lines" alongside each provincially
maintained route. These lines extend 400 metres from the highway centrelines,
except that the control area is reduced within Municipal Boundaries to 100
metres from the centreline of a provincial highway.
Advertisements and signs falling within the designated control lines of any
highway must be referred to and approved or exempted by the Department of
Government Services and/or other provincial agency.
71.
Advertisements Relating to On-Site Uses
This section deals with signage relating to on site uses - that is, uses located on
the same property as the sign or signs. Sign types include free standing signs,
signs affixed to buildings, fences and other structures, fascia signs and the use of
building surfaces for advertising.
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming
use in a use zone shall be as set out below.
(1)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of the Town, having regard for
the safety and convenience of users of adjacent streets and sidewalks,
and the general amenities of the surrounding area.
(2)
The maximum allowable size of the advertisement shall be determined in
accordance with Clause (1) above and in consideration of the size of the
premise or premises being advertised. For example, a sign for a large
shopping centre would necessarily be of a different scale than one for a
convenience store.
(3)
Only one free standing advertisement per entrance or exit shall be
permitted in the front of a multi-use building, strip mall, shopping centre
and similar facilities containing more than one premise. However, one
additional sign shall be permitted in the front of a building if it is a free-
standing temporary sign as set out under Regulation 66.
(4)
Where an advertisement is attached to the roof of a building and protrudes
Town of Harbour Grace
Development Regulations 2010
PART III -ADVERTISEMENTS
33
above the roof, then it shall be included in the calculation of the height of
the building.
72.
Advertisements Relating to Off-Site Uses
This Regulation deals with signage relating to off-site site uses - that is, uses not
located on the same property as the sign or signs. Sign types include free
standing signs, signs affixed to buildings, fences and other structures, fascia
signs and the use of building surfaces for advertising.
(1)
Except as noted in Clause (2) of this Regulation, the conditions to be
applied to the erection or display of an advertisement on any site, relating
to a use permitted in a zone, or not relating to a specific land use, shall be
as set out below.
a) The advertisement shall not exceed 3 m2 in area, except along the
Veteran's Memorial Highway where a larger sign may be permitted up
to maximum size of 9 m2, subject to the approval of the Department of
Government Services and the Department of Transportation and
Works.
b) When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the
name and nature of the distance or direction to the premises to which
they relate.
c) The location, siting and illumination of each advertisement shall be to
the satisfaction of the Town, having regard to the grade and alignment
of streets, the location of street junctions, the location of nearby
buildings and the preservation of the amenities of the surrounding area.
(2)
The size restrictions of Clauses (1) a) of this Regulation are waived where
the Town has erected or permitted to be erected an advertisement related
to a civic or improvement or other public purpose;
Town of Harbour Grace
Development Regulations 2010
PART IV -SUBDIVISION OF LAND
34
PART IV - SUBDIVISION OF LAND
73.
Permit Required and Sureties
(1) No land in the Planning Area shall be subdivided into two or more lots unless
a permit for the development of the subdivision is first obtained from the
Town.
(2) Before an Approval in Principle or permit is issued for a subdivision requiring
the construction and/or upgrading of roads and municipal water and/or sewer
services the Town shall require the deposit of surety in a form satisfactory to
the Town to ensure the completion of the work in accordance with the
approval. The requirements for a surety, along with other matters, shall be set
out in the Subdivision Policy adopted by the Town and any agreements
pursuant to that policy.
74. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Town 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.
75. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement
has been reached for the payment of all fees levied by the Town 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 the
Development Regulations.
76. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Town, the development
of a subdivision does not contribute to the orderly growth of the municipality and
does not demonstrate sound design principles. In considering an application, the
Town shall, without limiting the generality of the foregoing, consider:
a)
the location of the land;
b)
the availability of and the demand created for schools, services, and
utilities;
Town of Harbour Grace
Development Regulations 2010
PART IV -SUBDIVISION OF LAND
35
c)
the provisions of the Plan and Regulations affecting the site;
d)
the land use, physical form and character of adjacent developments;
e)
the transportation network and traffic densities affecting the site;
f)
the relationship of the project to existing or potential sources of nuisance;
g)
soil and subsoil characteristics;
h)
the topography of the site and its drainage;
i)
natural features such as lakes, streams, topsoil, trees and shrubs;
j)
prevailing winds;
k)
visual quality;
l)
community facilities;
m)
energy conservation;
n)
such other matters as may affect the proposed development.
77. Building Permits Required
Notwithstanding the approval of a subdivision by the Town, a separate building
permit shall be obtained for each building proposed to be erected in the area of
the subdivision, and no building permit for any building in the area shall be issued
until the developer has complied with all the provisions of these Regulations with
respect to the development of the subdivision.
78. Form of Application
Application for a permit to develop a subdivision shall be made to the Town in
accordance with Regulation 17.
79. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
80. Building Lines
The Town may establish building lines for any subdivision street and require any
new building to be located on such building lines.
81. Land for Public Open Space
(1) Before a development commences, the developer shall, if required, dedicate
to the Town, at no cost to the Town, an area of land equivalent to 10% of the
gross area of the subdivision for public open space, provided that:
Town of Harbour Grace
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PART IV -SUBDIVISION OF LAND
36
a) where land is subdivided for any purpose other than residential use, the
Town shall determine the percentage of land to be dedicated;
b) if, in the opinion of the Town, no public open space is required, the land
may be used for such other public use as the Town may determine;
c) the location and suitability of any land dedicated under the provisions of
this Regulation shall be subject to the approval of the Town but in any
case, the Town shall not accept land which, in its opinion is incapable of
development for any purpose;
d) the Town may accept from the developer in lieu of such area or areas of
land the payment of a sum of money equal to the value of the land which
would otherwise be required to be dedicated;
e) money received by the Town in accordance with clause (1) d) above,
shall be reserved by the Town for the purpose of the acquisition or
development of land for public open space or other public purpose.
(2) Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Town and may be sold or leased by the Town for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall be
applied against the cost of acquisition or development of any other land for
the purposes of public open space or other public purposes.
(3) The Town 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 Town, constitute the requirement of land for public use under
Clause (1) of this Regulation.
(4) Land required for storm water management and drainage control, such as
retention ponds and vegetated swales and roads, public services and public
utilities, shall be in addition to the land dedicated for public open space or use
as set out in Clause (1) of this Regulation. Subject to a subdivision agreement
this land may be deeded to the Town or, remain in private ownership.
(5) See also Regulation 15.
82. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro
pole, telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post)
shall receive the prior approval of the Town which shall be satisfied on the
question of safe construction and relationship to the adjoining buildings and other
structures within the street reservation.
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PART IV -SUBDIVISION OF LAND
37
83. Subdivision Design Standards
Except as otherwise specified in a Subdivision Policy adopted by the Town, no
permit shall be issued for the development of a subdivision under these
Regulations unless the design of the subdivision conforms to the standards
below.
(1) The finished grade of streets shall not exceed 10 percent, up to 12 percent at
the discretion of the Town where it would otherwise be impossible to develop
the site, or compliance with the 10 percent requirement would entail
excessive cutting and filling.
(2) Every cul de sac shall be provided with a turning circle of a diameter of not
less than 30 m.
(3) The maximum length of any cul de sac shall be 250 m where no emergency
access is provided; or 300 m where emergency access is provided; and/or
more than 300 m where the cul de sac is connected to an arterial or collector
road.
(4) Emergency vehicle access to a cul de sac shall be not less than 3 m wide and
shall connect the head of the cul de sac with an adjacent street.
(5) No cul de sac shall be located so as to appear to terminate a collector street.
(6) New subdivisions shall have street connections with 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 residential street block shall be longer than 490 m between street
intersections.
(11)
Streets in subdivisions shall be designed in accordance with the
Subdivision Policy adopted by the Town, but in the absence of such
standards, shall conform to the following minimum standards:
Town of Harbour Grace
Development Regulations 2010
PART IV -SUBDIVISION OF LAND
38
Type of Street
Street
Reservation
Pavement
Width
Walkway Width
and Design
Walkway
Number
Arterial Streets
30 m
15 m
Minimum - 1.5 m
2
Collector Streets
20 m
9 m
Minimum - 1.5 m
2
Local Streets
15 m
7 m
Minimum - 1.5 m
2
(12)
No lot intended for residential purposes shall have a depth exceeding four
times the frontage except as otherwise approved by the Town.
(13)
Residential lots shall not be permitted which abut a local street at both
front and rear lot lines except as otherwise approved by the Town.
(14)
The Town may require any existing natural, historical or architectural
feature or part thereof to be retained when a subdivision is developed.
(15)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
(16)
A cul de sac shall not be permitted unless the Town is satisfied that there
is no reasonable alternative to developing the property.
(17)
Water and sewer mains shall be designed as loops to avoid dead-ending.
84. Engineer to Design Works and Certify Construction Layout
(1) Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters
and catch basins and all other utilities deemed necessary by the Town 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 Town, be incorporated in the plan of
subdivision.
(2) Upon approval by the Town of the proposed subdivision, the Engineer shall
certify all work of construction layout preliminary to the construction of the
works and thereupon the developer shall proceed to the construction and
installation, at his own cost and in accordance with the approved designs and
specifications and the construction layout certified by the Engineer, of all
Town of Harbour Grace
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PART IV -SUBDIVISION OF LAND
39
such water mains, hydrants, sanitary sewers and all appurtenances and of all
such streets and other works deemed necessary by the Town to service the
said area.
85. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Town all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of
materials and labour for the construction and installation of all works calculated in
accordance with the Schedule of Fees recommended by the Association of
Professional Engineers and Geoscientists of Newfoundland and Labrador and in
effect at the time the work is carried out.
86. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks
and paving specified by the Town as being necessary, may, at the Town's
discretion, be deferred until a later stage of the work on the development of the
subdivision but the developer shall deposit with the Town before approval of his
application, an amount estimated by the Engineer as reasonably sufficient to
cover the cost of construction and installation of the works. In the later stage of
the work of development, the Town 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 Town the amount of the
excess. If the contract price is less than the deposit, the Town shall refund the
amount by which the deposit exceeds the contract price. Any amount so
deposited with the Town 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.
87. Transfer of Streets and Utilities to Town
(1) The developer shall, following the approval of the subdivision of land and
upon request of the Town, transfer to the Town, at no cost to the Town, 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 Town for public uses as streets, or other
rights-of-way, or for other public use;
b) all services or public works including streets, water supply and distribution
Town of Harbour Grace
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PART IV -SUBDIVISION OF LAND
40
and sanitary an storm drainage systems installed in the subdivision that
are normally owned and operated by the Town.
(2) Before the Town shall accept the transfer of lands, services or public works of
any subdivision, the Engineer shall, at the cost to the developer, test the
streets, services and public works installed in the subdivision and certify his
satisfaction with their installation.
(3) The Town shall not provide maintenance for any street, service or public work
in any subdivision until such time as such street, service or public work has
been transferred to and accepted by the Town.
88. 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 Town is
satisfied that:
a) the lot can be served with satisfactory water supply and sewage disposal
systems; and,
b) satisfactory access to a street is provided for the lots.
89. Grouping of Buildings and Landscaping
(1) Each plan of subdivision shall make provision for the grouping of building
types and for landscaping in order to enhance the visual aspects of the
completed development and to make the most use of existing topography and
vegetation.
(2) Building groupings, once approved by the Town, shall not be changed without
written application to and subsequent approval of the Town.
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PART V -USE ZONES
41
PART V - USE ZONES
90. Use Zones
(1) For the purpose of these Regulations, the Planning Area is divided into Use
Zones which are shown on the Zoning Map attached to and forming part of
these Regulations.
(2) Subject to Regulation 90 (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 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 Town may in its
discretion, determine the standards, requirements and conditions which shall
apply.
91. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone
Tables in Schedule C shall be determined by the Town in accordance with the
classification and examples set out in Schedule B.
92. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes
set out in the appropriate Use Zone Table in Schedule C shall be permitted by
the Town in that Use Zone.
93. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use
Classes set out in the appropriate Use Zone Table in Schedule C may be
permitted in that Use Zone if the Town is satisfied that the development would
not be contrary to the general intent and purpose of these Regulations, the
Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and
to the public interest, and if the Town has given notice of the application in
accordance with Regulation 23 and has considered any objections or
representations which may have been received on the matter.
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PART V -USE ZONES
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94. 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.
Town of Harbour Grace
Development Regulations 2010
SCHEDULE A - DEFINITIONS
43
SCHEDULE A - DEFINITIONS
GENERAL NOTE:
A definition marked with an asterix is also included in the Ministerial
Development Regulations or the Act. Where there is a conflict, the Ministerial
Development Regulations or the Act prevail.
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.
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 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, vegetable storage cellars, shelters for
domestic pets, or radio and television antennae,
(iii)
for commercial uses, workshops, or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks.
ACCESSORY USE* means the use that is subsidiary to a permitted or discretionary
use and that is customarily expected to occur with the permitted or discretionary use.
ACT*, unless the context indicates otherwise, means the Urban and Rural Planning Act
2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device
or representation, whether illuminated or not, in the nature of and employed wholly or in
part for the purposes of advertisement, announcement or direction; excluding such
things employed wholly as a memorial, or functional advertisement of Councils, or other
local authorities, public utilities and public transport undertakers, and including any
boarding or similar structure used or adapted for use for the display of advertisements.
AGRICULTURE means horticulture, fruit growing, grain growing, seed growing, dairy
farming, the breeding or rearing of livestock, including any creature kept for the
production of food, wool, skins, or fur, or for the purpose of its use in the farming of land,
the use of land as grazing land, meadow land, osier land, market gardens and nursery
Town of Harbour Grace
Development Regulations 2010
SCHEDULE A - DEFINITIONS
44
grounds and the use of land for woodlands where that use is ancillary to the farming of
land for any other purpose. "Agricultural" shall be construed accordingly.
AMUSEMENT USE means the use of land or buildings equipped for the playing of
electronic, mechanical, or other games and amusements including electronic games,
pinball games and slot machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
1 cow (including calf);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
APARTMENT BUILDING means a building containing three or more dwelling units, but
does not include a row dwelling.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT means a person who has applied to a Town for an approval or permit to
carry out a development.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic
arteries of the area, including a provincial highway or other road designed to
accommodate through traffic.
AUTHORITY* means a council, authorized administrator or regional authority.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment
for paid temporary accommodation for up to sixteen (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
also must be approved by the Provincial Department of Tourism, Culture and
Recreation as a Bed and Breakfast operation.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
Town of Harbour Grace
Development Regulations 2010
SCHEDULE A - DEFINITIONS
45
persons other than the immediate family of the owner or tenant.
BUILDING* means
(i)
a structure, erection, alteration or improvement placed on, over or under
land or attached, anchored or moored to land,
(ii)
mobile structures, vehicles and marine vessels 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),
(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* means the vertical distance, measured in metres, from the
established grade to the:
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between eave and ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure,
smokestacks, steeples and purely ornamental structures above a roof.
BUILDING LINE* means a line established by an authority that runs parallel to a street
line and is set at the closest point to a street that a building may be placed.
CAMPGROUND means the use of land for the accommodation of travel trailers,
recreational vehicles, and/or tents.
COLLECTOR STREET means a street that is designed to link local streets with arterial
streets.
DAYCARE CENTRE or DAY NURSERY means a building or part of a building in which
services and activities are regularly provided to children of pre-school age during the full
daytime period as defined under the Day Nurseries Act, but does not include a school
as defined by the Schools Act.
DECK means a raised structure that has a walking surface within one storey of the
established grade at the ground level of that face of the building that may or may not be
attached to a main or principal building, and does not have a permanent roof.
DEVELOPMENT* means the carrying out of any building, engineering, mining or other
Town of Harbour Grace
Development Regulations 2010
SCHEDULE A - DEFINITIONS
46
operations in, on, over, or under land, or the making of any material change in the use,
or the intensity of use of any land, buildings, or premise and the
(i)
making of an access onto a highway, road or way,
(ii)
erection of an advertisement or sign,
(iii)
construction of a building,
(iv)
parking of a trailer, or vehicle of any description used for the sale of
refreshments or merchandise, or as an office, or for living accommodation,
for any period of time;
and excludes the
(v)
carrying out of works for the maintenance, improvement or other alteration
or any building, being works which affect only the interior of the building or
which do not materially affect the external appearance or use of the
building,
(vi)
carrying out by a highway authority of any works required for the
maintenance or improvement of a road, being works carried out on land
within the boundaries of the road reservation,
(vii)
carrying out by any local authority or statutory undertakers of any works
for the purpose of inspecting, repairing or renewing any sewers, mains,
pipes, cables or other apparatus, including the breaking open of any street
or other land for that purpose, and
(viii)
use of any building or land within the courtyard of a dwelling house for any
purpose incidental to the enjoyment of the dwelling house as a dwelling.
DEVELOPMENT REGULATIONS* means regulations made under sections 34 to 38 (of
the Urban and Rural Act 2000).
DISCRETIONARY USE* means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations.
DOUBLE DWELLING means a building containing two dwelling units, placed one
above the other, or side by side, but does not include a self-contained dwelling
containing a subsidiary apartment.
DWELLING UNIT means a self-contained unit consisting of one or more habitable
rooms used or designed as the living quarters for one household.
ENGINEER means a professional engineer employed or retained by the Town.
ESTABLISHED GRADE* means,
Town of Harbour Grace
Development Regulations 2010
SCHEDULE A - DEFINITIONS
47
(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.
FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no
more than six (6) persons exclusive of staff in a home-like setting. Subject to the size
limitation, this definition includes, but is not limited to, the facilities called "Group
Homes", "Halfway House", and "Foster Home".
FLOOR AREA* means the total area of all floors in a building measured to the outside
face of exterior walls.
FRONTAGE* means the horizontal distance between side lot lines measured at the
building line.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the
front wall of the main building on the lot.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use
to a main building on the lot.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing,
breaking up, demolishing, or treating any article, commodity or substance. "Industry"
shall be construed accordingly.
GENERAL GARAGE means land or buildings used exclusively for repair, maintenance
and storage of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes
involving the use of materials or processes which because of their inherent
characteristics, constitute a special fire, explosion, radiation or other hazard.
HOME BUSINESS means a secondary use of a dwelling and/or its accessory building
by at least one of the residents of the dwelling to conduct a gainful occupation or
business activity.
Town of Harbour Grace
Development Regulations 2010
SCHEDULE A - DEFINITIONS
48
INSPECTOR means any person appointed and engaged as an Inspector by the Town
or by any federal or provincial authority or the agent thereof.
INSTITUTION means a building or part thereof occupied or used by persons who:
(a)
are involuntarily detained, or detained for penal or correctional purposes,
or whose liberty is restricted, or;
(b)
require special care or treatment because of age, mental or physical
limitations or medical conditions.
LAND* includes land covered by water, and buildings and structures on, over, under the
soil and fixtures that form part of those buildings and structures.
LIGHT INDUSTRY means the use of any land or buildings for any general industrial use
that can be carried out without hazard or intrusion and without detriment to the amenity
of the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot,
ash, dust, glare or appearance.
LOCAL STREET means a street designed primarily to provide access to adjoining land
and which is not a collector street or arterial.
LODGING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
LOT* means a plot, tract or parcel of land which can be considered as a unit of land for
a particular use or building.
LOT AREA* means the total horizontal area within the lines of the lot.
LOT COVERAGE* means the combined area of all buildings on the lot measured at the
level of the lowest floor above the established grade and expressed as a percentage of
the total area of the lot.
MAIN BUILDING - See Principal Building.
MARINA means 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 boat-house or shed associated with a dock or
wharf.
MINERAL EXPLORATION means the activity of searching for minerals or mineral
occurrences, including oil exploration, wherein, for the purposes of these Regulations it
Town of Harbour Grace
Development Regulations 2010
SCHEDULE A - DEFINITIONS
49
takes the form of development - that is visible and appreciable disturbance to soil.
MINERAL WORKING means land or buildings used for the working or extraction of
construction aggregates.
MINI-HOME means a prefabricated single dwelling complying with the National Building
Code and having the dimensions of a single-wide mobile home and which has been
transported to the site on a single trailer.
MINING means land or buildings used for the extraction of ores, salts, oil and/or natural
gas.
MOBILE HOME means a transportable factory-built single family dwelling unit:
(a)
which complies with space standards substantially equal to those laid
down in the Canadian Code for Residential Construction and is in
accordance with the construction standards laid down and all other
applicable Provincial and Municipal Codes and;
(b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot,
and subsequently supported on its own wheels, jacks, posts or
piers, or on a permanent foundation and;
(ii)
connected to exterior public utilities approved by the Town, namely,
piped water, piped sewer, electricity and telephone, in order for
such mobile home unit to be suitable for year round term
occupancy.
MOBILE HOME PARK means a mobile home development under single or joint
ownership, cared for and controlled by a mobile home park operator where individual
mobile home lots are rented or leased with or without mobile home units placed on them
and where ownership and responsibility for the maintenance and development of site
facilities including underground services, access roads, communal areas, snow clearing
and garbage collection, or any of them, are the responsibility of the mobile home park
management, and where the mobile home development is classified as a mobile home
park by the Town.
MOBILE HOME SUBDIVISION means 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
Town of Harbour Grace
Development Regulations 2010
SCHEDULE A - DEFINITIONS
50
responsibility of a municipality or public authority, and where the mobile home
development is classified as a mobile home subdivision by the Town.
NON-CONFORMING USE* means a legally existing use that is not listed as a permitted
or discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone.
OWNER* means a person or an organization of persons owning or having the legal
right to use the land under consideration.
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.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
PRINCIPAL BUILDING(S) means the building or buildings in which the primary use of
the lot on which the building is located is conducted. This term is interchangeable with
the term Main Building.
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.
REAR YARD DEPTH* means the distance between the rear lot line and the rear wall of
the main building on a lot.
RESTAURANT means a building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with meals or refreshments for
consumption on the premises.
ROW DWELLING means a dwelling containing three or more dwelling units at ground
level in one building, each unit separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal
or recreational use, and is not intended for use as permanent living quarters.
SEMI-SERVICED DEVELOPMENT means development which is connected to the
municipal water or municipal sewer system, whether or not the sewage is piped directly
to a body of water.
SERVICE STATION means any land or building used exclusively for the sale of
petroleum products, automotive parts and accessories, minor repairs, washing and
Town of Harbour Grace
Development Regulations 2010
SCHEDULE A - DEFINITIONS
51
polishing of motor vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for
the purpose of limiting direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary
purpose is the selling or offering for sale of goods, wares or merchandise by retail or the
selling or offering for sale of retail services but does not include an establishment
wherein the primary purpose is the serving of meals or refreshments, an amusement
use, a general garage, or a service station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing a minimum
of 5 retail establishments.
SHOWROOM means a building or part of a building in which samples or 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 the side lot line and the nearest side
wall of a building on the lot.
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.
STREET* means a street, road or highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other
emergency vehicles.
STREET LINE* means the edge of a street reservation as defined by the authority
having jurisdiction.
SUBDIVISION* means the dividing of any land, whether in single or joint ownership,
into 2 or more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
TAKE-OUT FOOD SERVICE means a building in which the primary purpose is the
Town of Harbour Grace
Development Regulations 2010
SCHEDULE A - DEFINITIONS
52
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.
UNSERVICED DEVELOPMENT means development which is not connected to the
municipal water and sewer system, whether or not the sewage is piped directly to a
body of water.
USE* means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE* means an area of land including buildings and water designated
on the Zoning Map to which the uses, standards and conditions of a particular use zone
table apply.
VARIANCE* means a departure, to a maximum of 10% from the yard area, lot
coverage, setback, size, height, frontage or any other numeric requirement of the
applicable Use Zone Table of the authority's regulations.
ZONING MAP* means the map or maps attached to and forming part of the
Regulations.
Town of Harbour Grace
Development Regulations 2010
SCHEDULE B - CLASSIFICATION
53
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
ASSEMBLY USES
Cultural and Civic
Libraries, Museums, Art
Galleries, Court Rooms,
Meeting Rooms, Council
Chambers
ASSEMBLY USES
General Assembly
Community Halls, Lodge
Halls, Dance Halls,
Gymnasia, Auditoria,
Bowling Alleys
ASSEMBLY USES
Educational
Schools, Colleges (non-
residential)
ASSEMBLY USES
Place of Worship
Churches and similar
places of worship, Church
Halls
ASSEMBLY USES
Passenger Assembly
Passenger Terminals
ASSEMBLY USES
Club and Lodge
Private Clubs and Lodges
(non-residential)
ASSEMBLY USES
Catering
Restaurants, Bars,
Lounges
ASSEMBLY USES
Funeral Home
Funeral Homes and
Chapels
ASSEMBLY USES
Child Care
Day Care Centres
ASSEMBLY USES
Amusement
Electronic Games
Arcades, Pinball Parlours,
Poolrooms
ASSEMBLY USES
Indoor Assembly
Arenas, Armouries, Ice
Rinks, Indoor Swimming
Pools
Town of Harbour Grace
Development Regulations 2010
SCHEDULE B - CLASSIFICATION
54
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Outdoor Assembly
Bleachers, Grandstands,
Outdoor Ice Rinks and
Swimming Pools,
Amusement Parks and
Fair-grounds, Exhibition
Grounds, Drive-in
Theatres
ASSEMBLY USES
Campground
Campgrounds,
Recreational Vehicle and
Travel Trailer
Campgrounds
INSTITUTIONAL USES
Penal and Correctional
Detention
Jails, Penitentiaries, Police
Stations (with detention
quarters), Prisons,
Psychiatric, Hospitals
(with detention quarters),
Reformatories
INSTITUTIONAL USES
Medical Treatment and
Special Care
Children's Homes,
Convalescent Homes
Homes for Aged,
Hospitals, Infirmaries
RESIDENTIAL USES
Single Dwelling
Single Detached
Dwellings, Family & Group
Homes
RESIDENTIAL USES
Double Dwelling
Semi-detached Dwelling,
Duplex Dwellings, Family
& Group Homes
RESIDENTIAL USES
Row Dwelling
Row Houses, Town
Houses, Family & Group
Homes
RESIDENTIAL USES
Apartment Building
Apartments, Family &
Group Homes
Town of Harbour Grace
Development Regulations 2010
SCHEDULE B - CLASSIFICATION
55
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd
GROUP
CLASS
EXAMPLES
RESIDENTIAL USES
Collective Residential
Educational Residences,
Nurses and Hospital
Residences, etc.
RESIDENTIAL USES
Boarding House
Residential and/or Bed
and Breakfast
Boarding Houses, Lodging
Houses, Bed and
Breakfast
RESIDENTIAL USES
Commercial Residential
Hotels & Motels, Hostels,
Residential Clubs
RESIDENTIAL USES
Seasonal Residential
Summer Homes & Cabins,
Hunting & Fishing Cabins
RESIDENTIAL USES
Mobile Homes
Mobile Homes
RESIDENTIAL USES
Seniors' Housing and
Personal Care Facilities
Seniors' Housing and
Personal Care Facilities
BUSINESS & PERSONAL
SERVICE USES
Office
Offices (including
Government Offices),
Banks
BUSINESS & PERSONAL
SERVICE USES
Medical and Professional
Medical Offices and
Consulting Rooms,
Dental Offices &
Surgeries, Legal Offices &
Similar Professional
Offices
BUSINESS & PERSONAL
SERVICE USES
Personal Service
Barbers, Hairdressers,
Beauty Parlours, Small
Appliance Repairs
BUSINESS & PERSONAL
SERVICE USES
General Service
Self-service Laundries, Dry
Cleaners (not using
flammable or explosive
substances), Small Tool
and Appliance Rentals,
Travel Agents
BUSINESS & PERSONAL
SERVICE USES
Communications
Radio Stations, Telephone
Exchanges
BUSINESS & PERSONAL
SERVICE USES
Fire Station
Fire Station
Town of Harbour Grace
Development Regulations 2010
SCHEDULE B - CLASSIFICATION
56
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd
GROUP
CLASS
EXAMPLES
BUSINESS & PERSONAL
SERVICE USES
Police Station
Police Stations without
detention quarters
BUSINESS & PERSONAL
SERVICE USES
Taxi Stand
Taxi Stands
BUSINESS & PERSONAL
SERVICE USES
Take-out Food Service
Take-out Food Service
BUSINESS & PERSONAL
SERVICE USES
Veterinary
Veterinary Surgeries
MERCANTILE USES
Shopping Centre
Shopping Centres
MERCANTILE USES
Shop
Retail Shops and Stores
and Showrooms,
Department Stores
MERCANTILE USES
Indoor Market
Market Halls, Auction Halls
MERCANTILE USES
Outdoor Market
Market Grounds, Animal
Markets, Produce and
Fruit Stands, Fish Stalls
MERCANTILE USES
Convenience Store
Confectionary Stores,
Corner Stores, Gift Shops,
Specialty Shops
INDUSTRIAL USES
Hazardous Industry
Bulk Storage of hazardous
liquids and substances,
Chemical Plants,
Distilleries, Feed Mills &
Lacquer, Mattress, Paint,
Varnish, and Rubber
Factories, Spray Painting
INDUSTRIAL USES
General Industry
Factories, Cold Storage
Plants, Freight Depots
General Garages,
Warehouses, Workshops,
Laboratories, Laundries,
Planing Mills, Printing
Plants, Contractors' Yards
INDUSTRIAL USES
Service Station
Gasoline Service Stations,
Gas Bars
Town of Harbour Grace
Development Regulations 2010
SCHEDULE B - CLASSIFICATION
57
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd
GROUP
CLASS
EXAMPLES
INDUSTRIAL USES
Light Industry
Light Industry, Parking
Garages, Indoor Storage,
Warehouses, Workshops
NON-BUILDING USES
Agriculture
Commercial Farms, Hobby
Farms, Market Gardens &
Nurseries
NON-BUILDING USES
Forestry
Tree Nurseries, Silviculture
NON-BUILDING USES
Mineral Exploration
Mineral Exploration
NON-BUILDING USES
Mineral Working
Quarries, Pits
NON-BUILDING USES
Mining
Mining, Oil Wells
NON-BUILDING USES
Recreational Open Space
Playing Fields, Sports
Grounds, Parks,
Playgrounds, Recreational
Trails
NON-BUILDING USES
Conservation
Watersheds, Buffer Strips,
Flood Plains, Architectural,
Historical and Scenic
Sites, Steep Slopes,
Wildlife Sanctuaries
NON-BUILDING USES
Cemetery
Cemeteries, Graveyards
NON-BUILDING USES
Scrap Yard
Car Wrecking Yards, Junk
Yards, Scrap Dealers
NON-BUILDING USES
Solid Waste
Solid Waste Disposal,
Sanitary Land Fill
Incinerators
NON-BUILDING USES
Animal
Animal Pounds, Kennels,
Zoos
NON-BUILDING USES
Antenna
TV, Radio and
Communications
Transmitting and
Receiving Masts
and Antennae
Town of Harbour Grace
Development Regulations 2010
SCHEDULE B - CLASSIFICATION
58
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd
GROUP
CLASS
EXAMPLES
NON-BUILDING USES
Transportation
Airfields, Docks, Marina,
Yacht Club, Boating Club,
Boat House and Harbours
NON-BUILDING USES
Utilities
Windmills, Wind Turbines,
Solar, and other energy
sources not classed as a
Public Utility under the
Public Utilities Act.
Town of Harbour Grace
Development Regulations 2010
SCHEDULE C - USE ZONE SCHEDULES
59
SCHEDULE C - USE ZONE SCHEDULES
Schedule C 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.
Before issuing an Approval in Principle or a permit for a development, the Town shall
review the application to ensure that it is in compliance with Application, Parts I -
General Regulations, II - General Development Standards, III - Advertisements, IV -
Subdivision of Land; and Schedules A - Definitions, B - Classification of Uses of Land
and Buildings, C - Use Zone Schedules, and D - Offstreet Loading and Parking
Requirements of the Development Regulations.
Schedule C contains tables for the following Use Zones:
Residential
RES
Mixed Development
MD
Town
TN
Heritage District
HD
Public Assembly
PA
Open Space and Recreation
OSR
Commercial
COM
Industrial
IND
Rural
RU
Environmental Protection
EP
Protected Public Water Supply
PPWS
Wellhead Protected Area Private
WPA-PR
Wellhead Protected Area Public
WPA-PU
Highway
HWY
Town of Harbour Grace
Development Regulations 2010
SCHEDULE C - RESIDENTIAL
60
USE ZONE TABLE
RESIDENTIAL (RES) ZONE
ZONE TITLE RESIDENTIAL (RES) (Harbour Grace)
PERMITTED USE CLASSES - MUNICIPAL SERVICES (see Regulation 92) See
Condition 2 for Unserviced and Semi-serviced Development
Child Care, Conservation, Double Dwelling, Recreational Open Space, Single
Dwelling
DISCRETIONARY USE CLASSES - MUNICIPAL SERVICES (see Regulations 23
and 93). See Condition 2 for Unserviced and Semi-serviced Development
Antenna, Apartment Building, Bed and Breakfast, Commercial - Residential (Tourist
Cabins), Convenience Store, Educational, General Service (Condition 8), Light
Industry (Condition 8), Medical and Professional (Condition 8), Medical Treatment
and Special Care, Mini-Home, Mobile Home (mobile home park or subdivision only),
Office (Condition 8), Personal Service (Condition 8), Place Of Worship, Row
Dwelling, Seniors' Housing and Personal Care, Shop (Condition 8), Transportation
STANDARDS
WHERE PERMITTED
Single
Dwelling
Double
Dwelling
Row
Dwelling
Apartment
Building
Lot area (m²) min-
imum - Municipal
Services
450
450
300*
(average)
200*
Floor area (m²) min-
imum
65
65*
65*
55*
Frontage (m) mini-
mum - Municipal
Services
15
15
8
(average)
36
Town of Harbour Grace
Development Regulations 2010
SCHEDULE C - RESIDENTIAL
61
Building Line and
Setback (m)
(minimum) -
Municipal Water and
Sewer
6
6
8
8
Building Line and
Setback (m)
(minimum) -
Unserviced or Semi-
Serviced
10
10
N/A
N/A
Side yard Width (m)
(minimum)
1.5
1.5
2
5
Side yard Width (m)
Corner Lot Flanking
Road (minimum) -
Municipal Water and
Sewer
6
6
8
8
Building Line and
Setback (m)
(minimum) -
Unserviced or Semi-
Serviced
10
10
N/A
N/A
Rear yard Depth (m)
(minimum) -
Municipal Water and
Sewer)
9
9
9
9
Rear yard Depth (m)
(minimum) -
Unserviced or Semi-
Serviced
15
15
N/A
N/A
Lot Coverage (%)
(maximum)
33
33
33
33
Height (m) maximum
8
8
10
10
NOTES: * per dwelling unit.
Town of Harbour Grace
Development Regulations 2010
SCHEDULE C - RESIDENTIAL
62
CONDITIONS FOR RESIDENTIAL ZONE
1.
Servicing Requirements
(1)
Development requiring the extension of an existing road or the
construction of a new road requires the provision of full municipal water
and sewer services in accordance with the Town's requirements and
specifications.
(2)
Where a development cannot be connected to the municipal water and
sewer line, Condition 2 shall apply.
2.
General Development Standards - Unserviced and Semi-Serviced
Development, Infilling Adjustment
(1)
Permitted Uses
Where a development lacks one or both of the municipal services the only
permitted uses shall be Child Care, Conservation, Double Dwelling, Home
Business Accessory Use, Recreational Open Space, Single Dwelling.
(2)
Discretionary Uses
Where a development lacks one or both of the municipal services the only
discretionary uses shall be Antenna, Commercial - Residential (Tourist
Cabins), Bed and Breakfast, Convenience Store, General Service
(Condition 8), Light Industry (Condition 8), Medical and Professional
(Condition 8), Mobile Home, Mini-Home, Office (Condition 8), Personal
Service (Condition 8), Place Of Worship, Shop (Condition 8),
Transportation.
(3)
Except for Lot Area and Lot Frontage the standards for unserviced or
semi-serviced development shall be as set out in the Use Zone Table.
(4)
Unserviced Development
Where the development lacks municipal water and sewer services
(unserviced) the minimum lot size is as determined by the Department of
Government Services or 1860 m2 per dwelling unit, whichever is greater.
Town of Harbour Grace
Development Regulations 2010
SCHEDULE C - RESIDENTIAL
63
The minimum lot frontage shall be as determined by the Department of
Government of Services or 30 metres minimum, whichever is greater.
Standards for non-residential development shall be as determined by the
Department of Government Services.
(5)
Semi-serviced Development:
For semi-serviced building lots (lots where water or sewage disposal
services will be provided off-site), a minimum lot size of 1,400 m2 is
required per dwelling unit. A minimum frontage of 23 metres is required
throughout the entire area in which the absorption field (distribution box to
end of absorption trenches) is to be installed. The area must be sufficient
to accommodate the septic system while maintaining separation distances
and have sufficient space for the installation of a replacement system.
(6)
Infilling Adjustment
Where unserviced or semi-serviced land is surrounded by development
which prohibits expansion and where approval cannot be awarded
because the proposed lot size does not comply with the minimum lot size
and width requirements, the requirements to literal conformity may be
adjusted if:
a) the adjustment amounts to no more than a twenty percent (20%)
reduction in the requirements;
b) the adjustment is not contrary to the general intent and purpose of the
policy and procedure as set out in the Private Sewage Disposal and
Water Supply Standards - Department of Government Services;
c) the application of the variance would not interfere with the
maintenance of required distance separations and sewage system
dimensions;
d) the application of the adjustment would not undermine the quality of
adjacent property or pose a hazard to human health;
e) the application of the adjustment is related to the specific property and
is not general to land within the area;
f) the particular practical difficulties for the owner or developer are
distinguishable from a mere inconvenience or desire to acquire
monetary gain.
Town of Harbour Grace
Development Regulations 2010
SCHEDULE C - RESIDENTIAL
64
3.
Bed and Breakfast, Boarding House
The following conditions shall apply to a Bed and breakfast operation:
a) the proposed building has an exterior design and landscaping which is
sensitive to the residential character of the surrounding area and respects the
appearance, scale and density of adjacent dwellings and properties;
b) the parking area is suitably screened from adjacent residences;
c) the building lot shall have a minimum frontage of 20 metres;
d) the minimum lot area shall be 600 square metres;
e) signage is consistent with a residential neighbourhood, not more than one
and not to exceed 2,800 cm2;
f) no change in the type, class or extent of the use shall be permitted except in
accordance with a permit issued by the Town;
g) the establishment is licensed under the Tourist Establishment Regulations.
4.
Commercial Residential (Tourist Cabins)
Commercial Residential development in the form of tourist cabins may be
permitted as a discretionary use on a residential property containing a bed and
breakfast subject to the following conditions:
a) the maximum floor area of any tourist cabin does not exceed 45 square
metres and the maximum height does not exceed four metres;
b) the development is complementary to a bed and breakfast operation;
c) the lot area is at least one hectare;
d) total lot coverage of all buildings does not exceed 33%;
e) adequate provision is made for the buffering of the development from nearby
residential uses;
f)
the development satisfies the requirements of the Department of Tourism,
Culture and Recreation.
5.
Convenience Stores
Convenience stores may only be permitted under the conditions set out below:
a) the store will form part of, or be attached to a self-contained dwelling unit or
stand on a separate lot;
b) the retail use shall be subsidiary to the residential character of the area, and
shall not detract from residential amenities of adjoining properties;
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65
c) the floor area shall be no greater than 80 m5;
d) off-street parking for at least five automobiles shall be provided for the use of
customers;
e) the store is located on a lot which fronts on a collector or arterial road.
6.
Educational Uses
The only educational uses that may be permitted on a discretionary basis are
elementary and junior high schools.
7.
Home Business
See also Regulation 32 - Accessory Uses.
A Home Business can only be permitted as an accessory use in a dwelling or
accessory building if:
a) the primary use of the property remains residential and the scope and
intensity of the use classes is compatible with the residential uses of the
property and neighbourhood, and the business is operated by a resident of
the dwelling;
b) sufficient off-street parking space is provided in accordance with Schedule D;
c) no mechanical equipment is used except that reasonably compatible with the
use of a dwelling;
d) no wholesale or retail sale of goods is externally apparent - for example, if
sale of crafts occurs it does not occur through walk-in or drive-in trade;
e) there is no outdoor storage or display;
f)
a non-illuminated identification sign not exceeding 0.28 m2 in area shall be
permitted on the dwelling provided that the sign is consistent with residential
character of the neighbourhood;
g) no regular parking of commercial vehicles except for one vehicle with a gross
weight of no greater than one tonne will be permitted on the lot or on the road
reservation adjacent to the lot;
h) the Town may require fencing or other screening to protect the amenity of
adjacent uses; and
i)
no change in type, class or extent of the use shall be permitted except in
accordance with a permit issued by the Town.
8.
Light Industry, Medical and Professional, Office, Personal Service, General
Service and Shop Use Classes - Existing Buildings Adaptive Re-Use
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At the discretion of the Town an existing building and property may be used for:
a) Light Industry;
b) Medical and Professional;
c) Office;
d) Personal Service;
e) General Service; and,
f)
Shop;
provided that the use is taking place in an existing non-residential building or
property and provided that the essential features of the property are not altered
and that the use is compatible with the residential use of nearby properties.
9.
Seniors' Housing and Personal Care Facilities
Notwithstanding any other provisions of these Regulations, including those of the
parking standards for dwellings in this Zone of Schedule D, the following
provisions shall apply to Seniors' Housing and Personal Care Facilities:
a) the development shall be a comprehensive development as set out in Part II
of these Regulations, except that the minimum dwelling floor areas, building
line setbacks and yards shall be as determined by the Town, planned as a
single development with all of the necessary facilities and services;
b) the development shall be tailored to the needs of the persons occupying the
development in accordance with their condition;
c) the overall design of the development - including road layout, landscaping,
building design and location, parking areas, and so forth - is such that it is
attractive, and compatible with other uses in the vicinity;
d) a single management authority shall be responsible for the maintenance of
properties within the development;
e) building types can be those necessary to serve the purposes of the
development, including a variety of dwelling types, special purpose structures,
communal storage areas and workshops for the use of the residents,
communal garages and care facilities;
f) the total lot coverage of all buildings does not exceed 33%;
g) the parking standards shall be tailored to the needs of the users of the
facilities, provided that there is adequate provision for both residents an
visitors, and provided that where independent living accommodation is
provided in single, double or row dwelling types that at least one (1) parking
space per dwelling unit is provided adjacent the dwelling unit;
h) the development is connected to the Town's municipal water and sewer
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SCHEDULE C - RESIDENTIAL
67
services.
10.
Subsidiary Apartments
One subsidiary apartment can be permitted in a single dwelling and for the
purposes of calculating lot area and yard requirements, shall be considered part
of the single dwelling. Provision shall be made for at least two off-street parking
spaces. Minimum floor area requirements for a subsidiary apartment are 40
square metres for a one-bedroom apartment, plus 10 square metres for each
additional bedroom. See also Regulation 32 - Accessory Uses, and Regulation
62 - Subsidiary Apartments.
11.
Transportation Uses - Recreational Wharves and Docks
Transportation uses shall be limited to recreational wharves and docks on ponds
and marine shorelines, which may be permitted subject to the following
conditions:
a) the size, scale, and use of the structures is compatible with surrounding
development and the land use policies for the area, including nearby zones;
and
b) approval from the Water Resources Management Division, Department of
Environment and Conservation.
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SCHEDULE C - MIXED DEVELOPMENT
68
USE ZONE TABLE
MIXED DEVELOPMENT (MD) ZONE
ZONE TITLE MIXED DEVELOPMENT (MD) (Harbour Grace)
PERMITTED USE CLASSES - (see Regulation 92)
Conservation, Double Dwelling, Recreational Open Space, Single Dwelling,
DISCRETIONARY USE CLASSES - (see Regulations 23 and 93)
Amusement, Antenna, Apartment attached to a business, Apartment Building,
Boarding House Residential and Bed and Breakfast, Catering (restaurants), Child
Care, Club and Lodge, Commercial - Residential, Communications, Convenience
Store, Cultural and Civic, Educational, Fire Station, Funeral Home, General
Assembly, General Industry, General Service, Indoor Market, Light Industry, Medical
and Professional, Medical Treatment and Special Care, Office, Outdoor Market,
Passenger Assembly, Personal Service, Place of Worship, Police Station, Row
Dwelling, Service Station, Shop, Take-out Food Service, Taxi Stand, Theatre,
Transportation, Veterinary
CONDITIONS FOR MIXED DEVELOPMENT ZONE
1.
Non-Residential Development Standards
(1)
For Non-Residential uses not located in a dwelling and not on a dwelling
lot, the development standards for this zone shall be as follows:
a) Minimum Building Line Setback - 8 metres, or, at the discretion of the
Town, the prevailing building line in the immediate area, subject to the
approval of the Department of Transportation and Works along Harvey
Street
b) Minimum Sideyards
5 metres
c) Minimum Rearyard
10 metres
d) Maximum Height
10 metres
(2)
For Non-Residential uses located in a separate building or extension on a
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dwelling lot, the requirements and standards for an accessory building
shall apply.
2.
Residential Development Standards
Residential Development Standards shall conform to the standards in the
Residential Zone, except in respect of minimum building line in which case the
minimum building line setback is 8 metres, or, at the discretion of the Town, the
prevailing building line in the immediate area, subject to the approval of the
Department of Transportation and Works along Harvey Street
3.
Bed and Breakfast, Boarding House
The following conditions shall apply to a Bed and breakfast operation:
a) the proposed building has an exterior design and landscaping which is
sensitive to the residential character of the surrounding area and respects the
appearance, scale and density of adjacent dwellings and properties;
b) the parking area is suitably screened from adjacent residences;
c) the building lot shall have a minimum frontage of 20 metres;
d) the minimum lot area shall be 600 square metres;
e) signage is consistent with a residential neighbourhood, not more than one
and not to exceed 2,800 cm2;
f)
no change in the type, class or extent of the use shall be permitted except in
accordance with a permit issued by the Town;
g) the establishment is licensed under the Tourist Establishment Regulations.
4.
Open Storage
The Town will not permit open dry storage of materials, goods and machinery, on
sites abutting or on the opposite side of a road from a residential property.
Where permitted, open storage shall meet the following requirements:
a) open storage on non-residential lots shall not occupy more than 25 percent of
the site area and shall not be located in the front yard or in any required buffer
areas;
b) open storage areas shall be enclosed by a wall or fence not less than 2
metres in height constructed of uniform materials approved by the Town;
c) open storage areas shall be maintained with a stable surface to prevent
raising or movement of dust, clay, mud, and loose particles.
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5.
Site Maintenance Standards, Non-Residential Uses
Any use other than a private residence occupying a site in the Mixed
Development Zone shall meet the conditions below.
(1) Trash and Garbage Receptacles. Trash and garbage receptacles which
contain garbage awaiting collection shall be located within a screened
enclosure constructed of opaque materials and of a design satisfactory to the
Town.
(2) Exterior Lighting. Exterior lighting for use on the site shall be erected and
maintained so the light is confined to the property and will not case direct light
or glare upon the adjacent properties or roads. The light source shall not be
higher than 6 metres.
(3) Landscaping and Surfacing. Lots shall be landscaped or provided with a
stable surface to prevent raising or movement of dust, clay, mud, and loose
particles.
6.
Subsidiary Apartments
One subsidiary apartment may be permitted in a single dwelling and for the
purposes of calculating lot area and yard requirements, shall be considered part
of the single dwelling. Provision shall be made for at least two off-street parking
spaces. Minimum floor area requirements for a subsidiary apartment are 40
square metres for a one-bedroom apartment, plus 10 square metres for each
additional bedroom. See also Regulation 32 - Accessory Uses, and Regulation
62 - Subsidiary Apartments.
7.
Take-Out and Amusement Uses
Uses in the Take-out Food Service and Amusement Use Classes may be
considered for approval provided:
a)
the proposed site does not abut properties in private residential use; and
b)
the Town has made regulations under the Urban and Rural Planning Act
or the Municipalities Act with respect to the licensing and operation of the
Use Class.
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SCHEDULE C - TOWN
71
USE ZONE TABLE
TOWN (TN) ZONE
ZONE TITLE TOWN (TN) (Harbour Grace)
PERMITTED USE CLASSES - (see Regulation 92)
Apartment attached to a business, Apartment Building, Boarding House Residential
and Bed and Breakfast, Catering (restaurants), Child Care, Commercial -
Residential, Communications, Conservation, Convenience Store, Cultural and Civic
Double Dwelling, Educational, Family and Group Care Centre, Fire Station, General
Service, Home Business Accessory Use, Indoor Market, Medical and Professional,
Office, Outdoor Market, Passenger Assembly, Personal Service, Place of Worship,
Police Station, Public Utility, Recreational Open Space, Row Dwelling, Shop, Single
Dwelling
DISCRETIONARY USE CLASSES - (see Regulations 23 and 93)
Amusement, Antenna, Catering (Bars and Lounges), Club and Lodge, Funeral
Home, General Assembly, General Industry, Light Industry, Medical Treatment and
Special Care, Service Station, Take-out Food Service, Taxi Stand, Theatre,
Transportation, Veterinary
CONDITIONS FOR TOWN ZONE
1.
Non-Residential Development Standards
For Non-Residential uses not located in a dwelling and not on a dwelling lot, the
development standards for this zone shall be as follows:
a)
Minimum Building Line Setback - 6 metres, or, at the discretion of the
Town, the prevailing building line in the area, subject to the approval of the
Department of Transportation and Works along Harvey Street.
b)
Minimum Sideyards
3 metres
c)
Minimum Rearyard
10 metres
d)
Maximum Height
10 metres
e)
Maximum Lot Coverage (all buildings)
33%.
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2.
Residential Development Standards
Residential Development Standards shall conform to the standards in the
Residential Zone except that the minimum building line setback may be reduced
to 4 metres.
3.
Offstreet Parking and Loading Requirements
Notwithstanding Schedule D the Town may waive or reduce the requirement for
offstreet parking and/or loading for a non-residential development in this zone
where it is satisfied that the reduction in or waiving of the requirement will not
create a nuisance for nearby uses, and provided that the Town is satisfied that
the parking requirement can be satisfied by available on-street parking
4.
Open Storage
The Town will not permit open dry storage of materials, goods and machinery, on
sites abutting or on the opposite side of a road from a residential property.
Where permitted, open storage shall meet the following requirements:
a) open storage on non-residential lots shall not occupy more than 25 percent of
the site area and shall not be located in the front yard or in any required buffer
areas;
b) open storage areas shall be enclosed by a wall or fence not less than 2
metres in height constructed of uniform materials approved by the Town;
c) open storage areas shall be maintained with a stable surface to prevent
raising or movement of dust, clay, mud, and loose particles.
5.
Site Maintenance Standards, Non-Residential Uses
Any use other than a private residence occupying a site in the Mixed
Development Zone shall meet the conditions below.
(1) Trash and Garbage Receptacles. Trash and garbage receptacles which
contain garbage awaiting collection shall be located within a screened
enclosure constructed of opaque materials and of a design satisfactory to the
Town.
(2) Exterior Lighting. Exterior lighting for use on the site shall be erected and
maintained so the light is confined to the property and will not case direct light
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SCHEDULE C - TOWN
73
or glare upon the adjacent properties or roads. The light source shall not be
higher than 6 metres.
(3) Landscaping and Surfacing. Lots shall be landscaped or provided with a
stable surface to prevent raising or movement of dust, clay, mud, and loose
particles.
6.
Subsidiary Apartments
One subsidiary apartment may be permitted in a single dwelling and for the
purposes of calculating lot area and yard requirements, shall be considered part
of the single dwelling. Provision shall be made for at least two off-street parking
spaces. Minimum floor area requirements for a subsidiary apartment are 40
square metres for a one-bedroom apartment, plus 10 square metres for each
additional bedroom. See also Regulation 32 - Accessory Uses, and Regulation
62 - Subsidiary Apartments.
7.
Take-Out and Amusement Uses
Uses in the Take-out Food Service and Amusement Use Classes may be
considered for approval provided:
a)
the proposed site does not abut properties in private residential use; and
b)
the Town has made regulations under the Urban and Rural Planning Act
or the Municipalities Act with respect to the licensing and operation of the
Use Class.
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74
USE ZONE TABLE
HERITAGE DISTRICT (HD) ZONE
ZONE TITLE HERITAGE DISTRICT (HD) (Harbour Grace)
PERMITTED USE CLASSES - (see Regulation 92)
Boarding House Residential and Bed and Breakfast, Child Care, Conservation,
Cultural and Civic, Double Dwelling, Home Business Accessory Use, Recreational
Open Space, Row Dwelling, Single Dwelling
DISCRETIONARY USE CLASSES - (see Regulations 23 and 93)
Antenna, Apartment Building, Catering (restaurants), Club and Lodge, Commercial -
Residential, General Assembly, General Service, Light Industry, Medical and
Professional, Medical Treatment and Special Care, Office, Personal Service, Place
of Worship, Shop, Theatre, Transportation
CONDITIONS FOR HERITAGE DISTRICT ZONE
1.
Non-Residential Development Standards
(1)
For Non-Residential uses not located in a dwelling and not on a dwelling
lot, the development standards for this zone shall be as follows:
a) Minimum Building Line Setback
6 metres
b) Minimum Sideyard
3 metres
c) Minimum Side Yard - Flanking Road
4 metres
d) Minimum Rearyard
10 metres
e) Maximum Height
10 metres
f) Maximum Lot Coverage (all buildings)
33%.
2.
Residential Development Standards
Residential Development Standards shall conform to the standards in the
Residential Zone except that the minimum building line setback may be reduced
to 4 metres.
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75
(1)
New buildings to be constructed within the Heritage District must not have
an appearance which would be visually incompatible with, or which would
diminish the overall historic quality of the Heritage Area.
(2)
The Town may require building plans and architectural renderings of any
building to be built in the District to be submitted before approving
development to ensure that it is compatible with the use and appearance
of the Heritage District.
3.
Review of Applications and Demolitions
Except for minor repairs and interior work, the Town shall refer all development
applications, including fences and signs, within this Zone to the Heritage
Advisory Committee before granting an approval.
For the purpose of this Zone, minor repairs include replacing fence palings and
posts, replacing hardware, roof shingles and similar repairs which do not alter the
original appearance or materials of the structure. However, the Town may refer
any application to the Committee should it feel that additional advice is needed
before making a decision on a permit application.
No demolition shall take place within the Heritage District Zone unless it has
been approved by the Town.
4.
Building and Property Design Standards - General
(1)
The prevailing massing, scale, forms and styles of the buildings and
structures, including accessory buildings, and the landscapes of this Zone
shall be retained.
(2)
Before issuing a permit for development or major renovations of a property
the Town shall be satisfied that every reasonable effort has been made to
provide a compatible use for a property that requires minimal alteration of
the building, structure, or site and its environment, or to use a property for
its originally intended purpose.
(3)
The character defining elements of a building, structure, or site and its
environment shall not be destroyed. The removal or alteration of any
historic material, distinctive architectural feature, or example of skilled
craftsmanship shall not be permitted unless the feature is unsalvageable,
in which case the feature shall be duplicated in the appropriate material
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76
and original design.
(4)
Original architectural features which have deteriorated shall be repaired
rather than replaced, wherever possible. In the event replacement is
necessary, the new material shall match the material being replaced in
composition, design, colour, texture, and other visual qualities. Repair or
replacement of missing original architectural features shall be based on
accurate duplication of features, substantiated by heritage, physical, or
conjectural designs or the availability of different architectural elements
from other buildings or structures.
(5)
Contemporary design for alterations and additions to existing properties
may be permitted when:
a)
such alterations and additions do not destroy character defining,
historical, architectural, or cultural material; and,
b)
such design is compatible with the size, scale, colour, material, and
character of the property, neighbourhood, or environment.
(6)
Any new building shall be visually compatible with the size, scale, colour,
material, texture, and character of any existing structure on the site,
adjacent structures and the overall character and environment of the
immediate area and the Heritage Area as a whole. See also Clause (2)
and a new building shall have the following characteristics:
a)
a pitched roof;
b)
be constructed of wood, stone or brick;
c)
have double-hung windows; and if at all possible,
d)
a chimney.
(7)
Non-original materials may be used where the non-original material is
similar in appearance to the original and the traditional appearance of the
building is maintained. However, vinyl siding will not be permitted.
5.
General Form and Scale
The scale of a structure after alteration, construction, or partial demolition must
be compatible with its architectural style and character, and with surrounding
buildings and structures.
The relationship of the width to the height of the principal facade must be
retained as close as possible to the original.
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The size, shape and prominence of the porch, bridge or deck and entrance
projection or doorway in a building shall be compatible with those found on
buildings in the Heritage District of similar architectural style.
6.
Windows and Doors Materials
Original windows and doors, including sash, lintels, sills, decorative glass,
pediments, trims and hardware shall be retained or replaced with duplicates
constructed with the original or other materials which match the original
elements as closely as possible.
7.
Windows and Doors. Scale, Proportion and Spacing
After alteration or construction the proportions of and relationships between
doors and windows shall be compatible with the original architectural style and
character of the structure and with the character of the surrounding environment
as documented.
8.
Roofs
The direction, pitch and arrangement of the roof or roofs shall be visually
compatible with the original architectural style and character of the building, and
with surrounding buildings.
Wherever possible, the original shape and materials of the roof shall be restored.
Roof covering that is deteriorated beyond repair shall be replaced with new
material that matches as closely as possible the existing original material in
composition, size, shape, colour and texture.
Roof shape shall not be altered, unless the alteration restores the roof shape to
its original state.
Nothing shall be done to change the essential character of the roof by adding
architectural features or roofing materials inappropriate to the original style of the
house.
The roof shall not be stripped of architectural features important to its character,
such as dormer windows, cornices, brackets, chimneys, gutters, etc., nor the
specified features altered, unless the removal or alteration will restore the
features specified to their original state.
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78
No flat roofs, that is, roofs with pitch under 2/12 - that is, with a slope less than a
2%, shall be added to or constructed on principal buildings.
9.
Finish Materials and Detail
Architectural details including materials, colours, and textures shall be treated so
as to conform to the original architectural style and character of the building and
preserve and enhance the Heritage District.
Siding shall be 100 to 102 mm (4 inch) exposure horizontal wood clapboard
siding, except where the original siding is masonry.
Trim shall include corner boards not less than 101.4 mm (4 inches) wide.
Extensions to an existing building or structure shall be clad in visually compatible
materials, and the original structure and extension should be finished in a uniform
colour scheme compatible with the original architectural style.
Where original architectural features such as corner boards, cornices, brackets,
window architraves, and doorway pediments have deteriorated, they shall be
repaired or replaced where necessary with new material that duplicates in size,
shape and texture the original as closely as possible.
10.
Open Storage
Open storage of materials, goods and machinery is not permitted in this zone.
11.
Site Maintenance Standards, Non-Residential Uses
Any use other than a private residence occupying a site in the Mixed
Development Zone shall meet the following conditions:
(1) Trash and Garbage Receptacles. Trash and garbage receptacles which
contain garbage awaiting collection shall be located within a screened
enclosure constructed of opaque materials and of a design satisfactory to the
Town.
(2) Exterior Lighting. Exterior lighting for use on the site shall be erected and
maintained so the light is confined to the property and will not case direct light
or glare upon the adjacent properties or roads. The light source shall not be
Town of Harbour Grace
Development Regulations 2010
SCHEDULE C - HERITAGE DISTRICT
79
higher than 6 metres.
(3) Landscaping and Surfacing. Lots shall be landscaped or provided with a
stable surface to prevent raising or movement of dust, clay, mud, and loose
particles.
12.
Subsidiary Apartments
One subsidiary apartment may be permitted in a single dwelling and for the
purposes of calculating lot area and yard requirements, shall be considered part
of the single dwelling. Provision shall be made for at least two off-street parking
spaces. Minimum floor area requirements for a subsidiary apartment are 40
square metres for a one-bedroom apartment, plus 10 square metres for each
additional bedroom. See also Regulation 32 - Accessory Uses, and Regulation
62 - Subsidiary Apartments.
13.
Transportation Uses - Recreational Wharves and Docks
Transportation uses shall be limited to recreational wharves and docks subject to
the following conditions:
a) the size, scale, and use of the structures is compatible with surrounding
development and the land use policies for the area, including nearby zones;
b) approval from the Water Resources Management Division, Department of
Environment and Conservation.
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80
USE ZONE TABLE
PUBLIC ASSEMBLY (PA) ZONE
ZONE TITLE
PUBLIC (PA)
(Harbour Grace)
PERMITTED USE CLASSES (see Regulation 92)
Conservation, Child Care, Cultural and Civic, Educational, General Assembly, Indoor
Assembly, Medical Treatment And Special Care, Office, Outdoor Assembly, Place
Of Worship, Recreational Open Space
DISCRETIONARY USE CLASSES (see Regulations 23 and 93)
Antenna, Cemetery, Club And Lodge, Collective Residential, Transportation
CONDITIONS FOR PUBLIC ASSEMBLY ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
a)
Minimum Building Line Setback
10 metres
b)
Minimum Sideyard
5 and 1 metre
c)
Minimum Rearyard
15 metres
d)
Maximum Height
14 metres
2.
Access and Parking
In assessing proposed new public uses, the Town will require adequate vehicular
and pedestrian access to the site and off-street parking that meets the standards
of these Development Regulations.
3.
Municipal Services
Full municipal water and sewer services shall be required for new public uses.
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81
USE ZONE TABLE
OPEN SPACE AND RECREATION (OSR) ZONE
ZONE TITLE
OPEN SPACE AND RECREATION (OSR)
(Harbour Grace)
PERMITTED USE CLASSES (see Regulation 92)
Conservation, Cemetery, Recreational Open Space
DISCRETIONARY USE CLASSES (see Regulations 23 and 93)
Campground,
Cultural
and
Civic,
Indoor
Assembly,
Outdoor
Assembly,
Transportation
CONDITIONS FOR OPEN SPACE AND RECREATION ZONE
The development standards are as determined by the Town, subject to the necessary
approvals by Provincial and Federal agencies.
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SCHEDULE C - COMMERCIAL
82
USE ZONE TABLE
COMMERCIAL (COM) ZONE
ZONE TITLE
COMMERCIAL (COM)
Harbour Grace
PERMITTED USE CLASSES (see Regulation 92)
Antenna, Commercial-Residential, Conservation, General Garage, Light Industry,
Recreational Open Space, Service Station, Transportation, all uses in the Assembly
Uses Group, all uses in the Business and Personal Services Uses Group, all uses in
the Mercantile Uses Group
DISCRETIONARY USE CLASSES (See Regulations 23 and 93)
General Industry
CONDITIONS FOR COMMERCIAL ZONE
1.
Development Standards
Except for Shopping Centre, The development standards for this zone shall be
as follows:
a)
Minimum Building Line Setback
10 metres
b)
Minimum Side Yard
5 metres
c)
Minimum Side Yard Flanking Road
10 metres
d)
Minimum Rear Yard
10 metres
e)
Maximum Height
10 metres
f)
Minimum Sideyard for Open Storage
5 metres
2.
Development Standards - Shopping Centre
A shopping centre is 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 establishments.
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The following conditions apply to a shopping centre:
a)
Lot area (minimum)
25,000 square metres
b)
Floor area (minimum)
6,000 square metres
c)
Frontage (minimum)
30 metres
d)
Building line setback (minimum)
15 metres
e)
Sideyard (minimum)
5 metres
f)
Rearyard (minimum)
10 metres
g)
Lot coverage (maximum)
33%
h)
Height (maximum)
10 metres
3.
Municipal Services
Development in this zone shall be connected to the Town's water and sewer
system where feasible.
4.
Open Storage
The Town may permit open dry storage of materials, goods and machinery
provided the following conditions are met:
a)
open storage shall not occupy more than 50 percent of the site area and
shall not be located in the front yard or in any required buffer areas;
b)
open storage areas shall be enclosed by a wall or fence not less than 2
metres in height constructed of uniform materials approved by the Town;
c)
open storage areas shall be maintained with a stable surface to prevent
raising or movement of dust, clay, mud, and loose particles.
5.
Site Maintenance Standards
(1)
Trash and Garbage Receptacles. Trash and garbage receptacles which
contain garbage awaiting collection shall be located within a screened
enclosure constructed of opaque materials and of a design satisfactory to
the Town.
(2)
Exterior Lighting. Exterior lighting for use on the site shall be erected and
maintained so the light is confined to the property and will not case direct
light or glare upon the adjacent properties or roads. The light source shall
not be higher than 6 metres.
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SCHEDULE C - COMMERCIAL
84
(3)
Landscaping and Surfacing. Lots shall be landscaped or provided with a
stable surface to prevent raising or movement of dust, clay, mud, and
loose particles.
6.
Vehicular Access
Each site shall be separated from the adjoining road by a curb or other suitable
barrier against unchannelled motor vehicle access. The barrier shall be located
on the lot along the street line unless the barrier takes the form of a curb along
the carriageway.
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Development Regulations 2010
SCHEDULE C - INDUSTRIAL
85
USE ZONE TABLE
INDUSTRIAL (IND) ZONE
ZONE TITLE
INDUSTRIAL (IND)
Harbour Grace
PERMITTED USE CLASSES (see Regulation 92)
Antenna, Communications, Conservation, General Industry, General Service, Light
Industry, Office, Passenger Assembly, Service Station, Shop, Transportation
DISCRETIONARY USE CLASSES (see Regulations 23 and 93)
Hazardous Industry, Office, Mineral Working, Recreational Open Space
CONDITIONS FOR INDUSTRIAL ZONE
1.
Development Standards
The development standards for this zone are as determined by the Town, taking
into consideration adjacent land uses.
2.
Flammable Liquids Storage
In this zone, all uses and structures for the on-site bulk storage of flammable
liquids shall conform to the requirements of the Provincial Fire Commissioner and
in order to prevent damage to adjacent uses by fire, explosion or spillage of
flammable liquid shall be surrounded by such buffers and landscaping as the
Town may require.
3.
Industrial Streets and Services
All industrial and light industrial uses must be provided with streets and municipal
services designated for industrial use including fire fighting capability. Any
industrial establishment must provide adequate off-street parking facilities for all
employees. Customer parking may be provided in the street right-of-way by the
construction of suitable bays in which parked vehicles will not interfere with
moving traffic.
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4.
Municipal Services
Development in this Zone shall be connected to the Town's water and sewer
system where feasible.
5.
Outdoor Storage
The Town may permit open dry storage of materials, goods and machinery
provided the following conditions are met:
a)
outdoor storage shall not occupy more than 50 percent of the site area
and shall not be located in the front yard or in any required buffer areas;
b)
outdoor storage areas shall be enclosed by a wall or fence not less than 2
metres in height constructed of uniform materials approved by the Town;
c)
outdoor storage areas shall be maintained with a stable surface to prevent
raising or movement of dust, clay, mud, and loose particles.
6.
Site Maintenance Standards
(1)
Trash and Garbage Receptacles. Trash and garbage receptacles which
contain garbage awaiting collection shall be located within a screened
enclosure constructed of opaque materials and of a design satisfactory to
the Town.
(2)
Exterior Lighting. Exterior lighting for use on the site shall be erected and
maintained so the light is confined to the property and will not case direct
light or glare upon the adjacent properties or roads. The light source shall
not be higher than 6 metres.
(3)
Landscaping and Surfacing. Lots shall be landscaped or provided with a
stable surface to prevent raising or movement of dust, clay, mud, and
loose particles.
7.
Vehicular Access
Each site shall be separated from the adjoining road by a curb or other suitable
barrier against unchannelled motor vehicle access. The barrier shall be located
on the lot along the street line unless the barrier takes the form of a curb along
the carriageway.
Town of Harbour Grace
Development Regulations 2010
SCHEDULE C - RURAL
87
USE ZONE TABLE
RURAL (RU) ZONE
ZONE TITLE
RURAL (RU)
(Harbour Grace)
PERMITTED USE CLASSES (see Regulation 92)
Agriculture, Antenna, Conservation, Forestry, Mineral Exploration, Recreational
Open Space
DISCRETIONARY USE CLASSES (see Regulations 23 and 93)
Animal,
Campground,
Catering,
Cemetery,
Commercial
Residential,
Communication, General Industry, Mineral Working, Outdoor Assembly, Outdoor
Market, Penal and Correctional Detention, Scrap Yard, Single Dwelling, Solid Waste
Disposal, Transportation, Utilities, Veterinary
CONDITIONS FOR RURAL ZONE
1.
Development Standards
Development standards in this zone will be determined by the Town, and, where
applicable, subject to approvals from the Provincial Government.
2.
Blueberry Management Units
As identified on the Land Use Zoning Maps or other appropriate documents and
maps, development within the Blueberry Management Units is limited to uses
necessary for the cultivation and processing of blueberries. All development in
these areas is subject to the approval of the Department of Resources, Agrifoods
Development Branch, along with the Town.
3.
Campground
1)
A campground may only be permitted as a discretionary use, provided a
plan of the development is submitted in a format satisfactory to the Town,
showing and specifying:
a)
camping sites - location and sizes;
b)
roads and accesses;
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SCHEDULE C - RURAL
88
c)
parking areas;
d)
accessory uses, such as laundry facilities, storage areas, showers,
snack-bar, and convenience stores and the caretaker residence,
and any other building or facility accessory to the campground
facility;
e)
water supply and waste disposal services;
f)
landscaping;
g)
buffers, and screening between the campground and existing and
future residential development;
h)
the land to be developed on a legal survey prepared by a
Newfoundland Land Surveyor;
i)
where deemed, necessary by the Town, a phasing plan of the
campground.
(2)
Commercial uses, washroom facilities, laundromats, and similar facilities,
and parking areas and recreational areas shall not be located adjacent
residential areas.
(3)
All sites and facilities shall only be accessed by the internal road network
of the campground.
(4)
A suitable buffer located on the property that is landscaped and planted
with materials approved by the Town and/or a privacy fence of a design
approved by the Town, shall be provided where the development is abuts
a public road, right of way, and/or a present or future residential
neighbourhood.
Any buffering or screening shall be properly maintained by the owner, and
not allowed to fall into disrepair or become unsightly.
(5)
The permit for a campground shall specify the maximum number of units
and sites - in the form of tents, recreational vehicles, and so forth - that
may be accommodated on the site at any one time. This number shall not
be exceeded.
(6)
Any expansion or alteration to a campground shall be subject to review by
the Town, and except for repairs and maintenance, shall be treated as a
discretionary use application.
(7)
The owner and/or the operator shall ensure that all bylaws and regulations
of the Town pertaining to noise, rowdy behaviour, and litter are complied
with.
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SCHEDULE C - RURAL
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(8)
Where deemed necessary by the Town, a deposit sufficient to cover the
cost of the buffer and screening shall be deposited with the Town, and
then subsequently returned by the Town upon satisfactory completion of
the work, or, used by the Town to complete the work in accordance with
the approved plan.
4.
Commercial Residential, Outdoor Assembly, Catering
A Commercial Residential, Outdoor Assembly, and associated camping park, or
Catering uses may be permitted provided the use is a tourist-oriented operation
which requires a site in the Rural Zone. A Catering use may only be permitted if
accessory to and clearly subordinate to another use named in this condition.
5.
Forestry
Forestry activities must preserve the scenic views of the community. Logging will
not be permitted in areas clearly visible from the urban area of the Town.
6.
General Industry
General Industrial uses shall be restricted to the maintenance and repair of
equipment, processing and storage related to agriculture, forestry or mineral
working uses, or to uses meeting the following criteria:
a)
unsuitable for location near urban development because they interfere
with the amenity and use of adjacent lands by reason of appearance,
noise, vibration, smell, fumes, smoke, grit, soot, ash, dust or glare;
b)
operations of a manufacturing or assembly nature or activities which
require large areas for open storage and handling of materials, goods, and
equipment and whose buildings are accessory to the open storage and
handling;
c)
capable of being serviced by on-site water supply and sanitary sewage
disposal;
d)
capable of being screened from public roads and lands designated for
urban uses;
e)
generating low volumes of traffic; and
f)
capable of operations with no deleterious effect on the environment
including, quality of water in any stream, pond or bog.
No warehousing or wholesale and retail sales activities shall be permitted.
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Development Regulations 2010
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7.
Mineral Working
Mineral Working uses shall meet the conditions set out below:
7.1.
Separation from Adjacent Uses
Unless the Town is satisfied that the working will not create a nuisance and will
not adversely affect the amenity of the specified development or natural feature,
no mineral working shall be located closer than the minimum distances set out
below to the specified development or natural feature.
Minimum Buffer Distance
of Pit or Quarry Working
Hardrock quarry and Urban Development
1,000 metres
Other than hardrock quarry and
existing or Proposed Residential
Development
300 metres
Any other development area, or area
likely to be developed during the
life of the pit or quarry working
150 metres
Public highway or street
50 metres
Protected Road
90 metres
Waterbody or watercourse
50 metres
7.2.
Screening
A mineral working shall be screened in the following manner where it is visible
from a public street or highway, developed area, or area likely to be developed
during the life of the working:
(a)
Where tree screens exist between the mineral working and adjacent public
highways and streets or other land uses (excepting forestry and
agriculture), the tree screens shall be retained in a 30-metre wide strip of
vegetation so that visibility of any part of the operation from the
surrounding uses or streets will be prevented. The tree screens must be
Town of Harbour Grace
Development Regulations 2010
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91
maintained by the owner or occupier of the mineral working to retain 30
metres in a forested appearance. Where vegetation dies or is removed
from the 30-metre strip, the Town may require new trees of a minimum
height of 1 metre to be planted to fill in the area affected to the satisfaction
of the Town or, at the discretion of the Town, condition 7.2(b) must be
undertaken.
(b)
Where no tree screens exist of sufficient width and density to constitute a
visual screen, earthen berms shall be constructed to a height sufficient to
prevent visibility from any part of the mineral working operation from
adjacent uses (excepting forestry and agriculture) or adjacent public
highways and streets. The berms shall be landscaped to the Town's
satisfaction.
(c)
Where natural topography creates a visual screen between mineral
workings and adjacent public highways and streets or other land uses
(excepting forestry and agriculture), additional screening may not be
required.
(d)
Where effective screening for any mineral working or associated
processing or manufacturing use cannot be installed or located as
required in 7.2(a) - 7.2(c) above, the Town may refuse to permit the
mineral working or associated activity.
7.3.
Fencing
The Town may require the mineral working site or excavated area 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.
7.4.
Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any waterbed or watercourse. Any access road to
a pit and quarry working which crosses a brook or stream shall be bridged or
culverted at the crossing in accordance with the Regulations of the Department
of Environment and Conservation.
7.5.
Water Ponding
No mineral working shall result in the excavation of areas below the level of the
water table nor in any way cause the accumulation or ponding of water in any
Town of Harbour Grace
Development Regulations 2010
SCHEDULE C - RURAL
92
part of the site. Settling ponds may be permitted with the approval of the
Department of Environment and Conservation.
7.6.
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of
adjacent land.
7.7.
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and
abandoned equipment and any derelict buildings.
7.8.
Access Roads
No quarry may be developed where the access road passes through a residential
neighbourhood.
During extended periods of shutdown, access roads to a mineral working shall be
ditched or barred to the satisfaction of the Town.
7.9.
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 uncleared
areas and 10 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.
7.10. Operating Plant and Associated Processing and Manufacturing
The Town may permit processing and manufacturing use associated with mineral
workings provided that, in the opinion of the Town, 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.
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.
The Town may specify a minimum separation distance between operating plant
Town of Harbour Grace
Development Regulations 2010
SCHEDULE C - RURAL
93
or associated processing and manufacturing structure or equipment and adjacent
developed areas likely to be developed during the life of the mineral working.
7.11. Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried out
by the operation:
(a)
All buildings, machinery and equipment shall be removed.
(b)
All pit and quarry slopes shall be graded to slopes less than 20 percent or
to the slope conforming to that existing prior to the mineral working.
(c)
Topsoil and many organic materials shall be respread over the entire
quarried area.
(d)
The access road to the working shall be ditched or barred to the
satisfaction of the Town.
If the mineral working contains reserve of material sufficient to support further
extraction operations, the Town may require the work described above to be
carried out only in areas of the site where extraction has depleted aggregate
reserves.
7.12. Security
The Town may require the posting of a bond or other type of financial guarantee
as security to ensure the rehabilitation of quarry sites to acceptable standard.
7.13. Extraction & Rehabilitation Plan
As a condition of approval, the Town may require the developer:
(a)
to submit for the consideration and approval of the Town a Mineral
Working Development Plan for the proposed Mineral Working use which
shall include a site plan showing the location of physical site features and
extraction and processing features; and
(b)
to submit for the consideration and approval of the Town a Mineral
Working Reclamation Plan for the proposed mineral working use which
shall explain, illustrate and show to the satisfaction of the Town a plan for
restoration of the site which includes final ground contours, slopes, depth
Town of Harbour Grace
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SCHEDULE C - RURAL
94
of topsoil, and vegetation and a phasing plan if necessary in the form of a
grading and landscape plan or plans.
7.14. Permit Fee
The development permit fee for a mineral working shall be determined by the
Town in an amount sufficient to cover the review of any required Development
and Reclamation Plans by a professional engineer, ongoing inspection of the site
for conformity with any required Plans and with the conditions of the development
permit, and inspection of the site to determine acceptable reclamation, and,
where applicable, for purposes of return or cancellation of the financial guarantee
required in 6.12 above.
8.
Municipal Services
Except where deemed necessary by the Town mo development in this Zone shall
be connected to the Town's water and sewer system.
9.
Public Roads
Uses open to or used by the public shall front on a publicly owned and
maintained road in accordance with the standards specified in Part IV of the
Regulations.
10.
Scrap Yard/Solid Waste Disposal
Type of Development
Minimum Distance from Solid
Waste Site or Scrap Yard
Existing or proposed residential
development
300 metres
Any other developable area or
area likely to be developed
150 metres
Public highway or street
50 metres
Watercourse or water body
50 metres
Protected Road
90 metres
11.
Single Dwelling
A single dwelling may be permitted if it is necessary to support a permitted use.
Town of Harbour Grace
Development Regulations 2010
SCHEDULE C - ENVIRONMENTAL PROTECTION
95
USE ZONE TABLE
ENVIRONMENTAL PROTECTION (EP) ZONE
ZONE TITLE
ENVIRONMENTAL PROTECTION (EP)
(Harbour Grace)
PERMITTED USE CLASSES (see Regulation 92)
Conservation
DISCRETIONARY USE CLASSES (see Regulations 23 and 93)
Antenna, Mineral Exploration, Recreational Open Space, Transportation
CONDITIONS FOR THE ENVIRONMENTAL PROTECTION ZONE
All development in this zone is subject to the approval of the Department of
Environment and Conservation along with the Town.
Town of Harbour Grace
Development Regulations 2010
SCHEDULE C - PROTECTED PUBLIC WATER SUPPLY
96
USE ZONE TABLE
PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE
ZONE TITLE
PROTECTED PUBLIC WATER SUPPLY (PPWS) (Harbour Grace)
PERMITTED USE CLASSES (see Regulation 92)
Conservation
DISCRETIONARY USE CLASSES (see Regulations 23 and 93)
Agriculture, Antenna, Forestry, Mineral Exploration, Outdoor Assembly (Condition 3),
Recreational Open Space, Seasonal Residential (Condition 3), Transportation
(Condition 3) and Utilities
CONDITIONS FOR THE PROTECTED PUBLIC WATER SUPPLY ZONE
1.
General Conditions and Referrals
In addition to any other approvals or requirements by the Town, all development
in this zone shall be subject to the approval of the Minister of Environment and
Conservation.
Conditions 1, 2, 3, 4, and 5 are based upon Department of Environment and
Conservation Policy Directive W.R. 95-01 - Water Resources Management
Division as modified.
(1)
Existing non-conforming resource development and other uses will be
allowed to continue, and where necessary, upgraded such as in the case
of the Harbour Grace Regatta facilities, the Harbour Grace Airstrip and
existing seasonal residences, unless it is established that these are
impairing water quality or have potential to impair water quality.
(2)
The Minister of Environment and Conservation may require proponents of
existing activities, which have potential to impair water quality, to obtain
his/her approval.
(3)
No development shall be carried out in a designated area except in
accordance with this policy.
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Development Regulations 2010
SCHEDULE C - PROTECTED PUBLIC WATER SUPPLY
97
(4)
No person shall carry out any development in a designated area without
obtaining prior approval in writing from the Minister.
2.
Activities Not Permitted in a Designated Area
Although they may be associated with any one of the Permitted or Discretionary
Uses under any one of the Zone overlays, the following activities shall not be
permitted in the Protected Water Supply:
(a)
placing, depositing or discharging or permitting the placing, depositing or
discharging into a body of water any sewage, refuse, chemicals, municipal
and industrial wastes or any other material which impairs or has potential
to impair water quality;
(b)
using an intake, pond, lake or specified buffer zones for any activity
detrimental to water quality, and not permitted in the Environment Act;
(c)
using ice covered water body for transporting logs or wood, riding
skidoos/motor vehicles/all terrain vehicles, leading of animals, or any other
activity, including littering, which impairs or has potential to impair water
quality;
(d)
using or operating existing facilities in such a manner that impairs or has
potential to impair water quality;
(e)
storage and disposal of pesticides and manure, application of manure and
chemicals in specified buffer zones, extensive land clearing, and peat land
drainage without adequate treatment.
(f)
application of herbicides in the right-of-way, and use of chemically treated
utility poles and other related structures; and,
(g)
any other storage or disposal facilities that the Minister of Environment
and Conservation considers environmentally unacceptable.
3.
Activities Regulated in a Designated Area
Subject to the other provisions of these Regulations, in this zone no person shall
undertake any of the following activities without obtaining prior written approval
from the Minister of Environment and Conservation and a permit from the Town:
Town of Harbour Grace
Development Regulations 2010
SCHEDULE C - PROTECTED PUBLIC WATER SUPPLY
98
(a)
expansion and upgrading of the existing activities, operations or facilities;
(b)
unless deemed to have a negative impact on the water quality, subject to
the approval of the Minister of Environment and Conservation existing
outdoor assembly, seasonal residential and transportation uses are
allowed to continue, be kept up to standard and improved or replaced as
needed;
(c)
land clearing or drainage, construction of access roads, servicing of lands
for subsequent use, or extension and upgrading of existing buildings or
facilities;
(d)
installation of storm or sanitary sewer pipelines, pipelines for transmission
of water for hydroelectric generation, agriculture uses, or any other
purposes;
(e)
construction of roads, bridges, culverts, and other stream crossings, and
installation of power and telecommunication transmission lines;
(f)
modification to intake structures, pump house, reservoir; and
(g)
any other development or activity which, in the opinion of the Minister of
Environment and Conservation, has caused impairment or has potential to
impair water quality.
4.
Approval Process
(1)
The proponent shall submit a detailed development plan along with maps,
drawings and specifications and other information as required by the Town
and the Minister of Environment and Conservation for approval.
(2)
The
Minister
of
Environment
and
Conservation
may,
on
the
recommendation of his/her officials, issue a certificate of approval for the
proposed development on such terms and conditions as the Minister
considers necessary to protect water quality.
(3)
The proponent shall obtain separate approvals from the Minister and
Conservation for all permanent or temporary stream crossings or for
alteration to bodies of water that may be necessary to carry out the
approved development.
(4)
The proponent shall also obtain licences, permits or approvals under other
Town of Harbour Grace
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SCHEDULE C - PROTECTED PUBLIC WATER SUPPLY
99
Acts and Regulations, including the Development Regulations as required
prior to commencing the approved work.
(5)
The proponent of the approved development shall notify the Town by
providing a copy of the approval issued under this policy before
commencing the work.
(6)
The proponent shall maintain adequate liaison and consultation with the
person or authority responsible for the operation and maintenance of the
waterworks during the implementation and operation of the approved
work.
(7)
The Minister of Environment and Conservation may require the inspection
of the approved development from time to time by his/her officials to
ensure that the development is carried out in an environmentally
acceptable manner and the proponent is complying with the terms and
conditions of the approval.
(8)
The Minister of Environment and Conservation may require a proponent to
monitor water quality according to a monitoring program approved by the
Minister in order to evaluate the impact of the approved development on
public water supply.
5.
Buffer Zones
The proponents shall provide the following widths of buffer zones along and
around water bodies from the high water mark in a designated area:
Water Body
Width of Buffer Zones
Intake pond or lake
a minimum of 150 metres
River intake
a minimum of 150 metres for a distance
of one kilometre upstream and 100
metres downstream
Main river channel
a minimum of 75 metres
Major tributaries, lakes or ponds
a minimum of 50 metres
Other water bodies
a minimum of 30 metres
No development activity shall be permitted in buffer zones except those that are
intended to promote vegetation.
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Development Regulations 2010
SCHEDULE C - PROTECTED PUBLIC WATER SUPPLY
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6.
Forestry
Approvals for woodcutting or other forestry related activities within this zone must
be obtained from the provincial Department of Natural Resources - Forestry
Services Branch.
Town of Harbour Grace
Development Regulations 2010 SCHEDULE C - WELL HEAD PROTECTED AREA - PUBLIC
WELL HEAD PROTECTED AREA - PRIVATE
101
USE ZONE TABLE
WELL HEAD PROTECTED AREA - PUBLIC
WELL HEAD PROTECTED AREA - PRIVATE
CONDITIONS FOR THE
WELL-HEAD PROTECTED AREA - PUBLIC
WELL HEAD PROTECTED AREA - PRIVATE
(1)
Notwithstanding the use zone, within a Well Head Protected Area - Public any
development except renovations to an existing structure, fences and minor
landscaping shall be referred to the Department of Environment and
Conservation for approval before a permit is issued by the Town.
(2)
Notwithstanding the use zone, within a Well Head Protected Area - Private any
development except renovations to an existing structure, fences and minor
landscaping shall be referred to the owners of the well for review before a permit
is issued by the Town.
(3)
Notwithstanding the use zone, within the Well-Head Protected Area - Public and
the Well Head Protected Area - Private, the following chemicals/activities are
prohibited:
a)
storage of petroleum fuels in excess of 25 L;
b)
storage of petroleum solvents in excess of 10 L;
c)
storage of chlorinated solvents in excess of 10 L;
d)
storage of pesticides and preservatives in excess of 10 L;
e)
new sewerage systems
f)
manure storage;
g)
manure application;
h)
mining and aggregate removal;
i)
inorganic fertilizers (no bulk storage);
j)
forestry (salvage cutting permitted);
k)
sawmill operations;
l)
groundwater extraction(non private wells);
m)
groundwater heat pumps;
n)
road salt (no bulk storage);
o)
waste disposal.
Town of Harbour Grace
Development Regulations 2010
SCHEDULE C -HIGHWAY
102
USE ZONE TABLES
HIGHWAY (HWY) ZONE
ZONE TITLE HIGHWAY
(Harbour Grace)
PERMITTED USE CLASSES - (see Regulation 92)
Conservation, Public Services and Public Utilties
DISCRETIONARY USE CLASSES - (see Regulations 23 and 93)
Recreational Open Space.
CONDITIONS FOR THE HIGHWAY ZONE
General Development Standards
All development shall be approved by the Department of Transportation and Works
before a permit it issued by the Town.
Town of Harbour Grace
Development Regulations 2010 SCHEDULE D - OFFSTREET LOADING AND PARKING
103
SCHEDULE D - OFFSTREET LOADING AND PARKING REQUIREMENTS
1.
Off-Street Loading Requirements
(1)
Where the Town deems necessary, 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.
(2)
The number of loading spaces to be provided shall be determined by the
Town.
(3)
The loading facilities required by this Regulation shall be so arranged that
vehicles can manoeuvre clear of any street and so that it is not necessary
for any vehicle to reverse onto or from a street.
2.
Parking Area Standards
(1)
For every building, structure or use to be erected, enlarged or
established, there shall be provided and maintained a quantity of off-street
parking spaces sufficient to ensure that the flow of traffic on adjacent
streets is not impeded by the on-street parking of vehicles associated with
that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure,
use of occupancy shall conform to the standards set out in Schedule D,
except as otherwise modified by Schedule C, of these Regulations.
(3)
Each parking space, except in the case of single or duplex dwellings, shall
be made accessible by means of a hard surfaced right-of-way at least 3 m
in width. Parking required in a Residential Zone shall be provided on the
same lot as the dwelling or dwellings. Parking space for apartments shall
be provided in the rear yard where possible. In a Non-Residential Zone,
parking spaces shall be provided within the limits of the zone in which the
use is situated and not more than 200 m distant from the use concerned.
Town of Harbour Grace
Development Regulations 2010 SCHEDULE D - OFFSTREET LOADING AND PARKING
104
(4)
The parking facilities required by this Regulation shall, except in the case
of single or attached dwellings, be arranged so that it is not necessary for
any vehicle to reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles
are required or permitted, with parking perpendicular to the curb the
minimum dimensions shall be as follows:
(a)
parking stall width
2.75 metres
(b)
parking stall length or depth
5.80 metres
(c)
aisle width, parking stalls across from each other
7.30 metres
(d)
aisle width, other obstruction
7.30 metres
(e)
driveway width
7.00 metres.
Where the parking stall is horizontal to the curb, the minimum length of the
stall shall be 7.00 metres, and the minimum aisle width (if applicable) shall
be at least 4 metres, more if deemed necessary by the Town.
For any other parking lot configuration, the requirements shall as be as
specified by the Town, but in no instance shall the requirements be less
than that specified for perpendicular parking spaces.
(6)
Other requirements for parking areas are as follows:
(a)
the parking area shall be constructed and maintained to the
specifications of the Town;
(b)
the lights used for illumination of the parking area shall be so
arranged as to divert the light away from adjacent development;
(c)
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;
(d)
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;
(e)
no part of any off-street parking area shall be closer than 1.5 m to
the front lot line in any zone;
(f)
access to parking areas in non-residential zones shall not be by
way of residential zones;
(g)
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;
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Development Regulations 2010 SCHEDULE D - OFFSTREET LOADING AND PARKING
105
(h)
where, in the opinion of the Town, strict application of the above
parking requirements is impractical or undesirable, the Town may
as a condition of a permit require the developer to pay a service
levy in accordance with these Regulations in lieu of the provision of
a parking area, and the full amount of the levy charged shall be
used by the Town for the provision and upkeep of alternative
parking facilities within the general vicinity of the development.
3.
Parking Requirements
(1)
The off-street parking requirements for uses in the various use classes set
out in Schedule B shall be as set out in the following table, except as
otherwise set out in Schedule C In case of developments including uses in
more than one class, these standards shall be regarded as cumulative.
(2)
Adequate off-street provision for drop-off and pick-up of persons shall be
provided in developments where required, such as uses within the
education, passenger assembly, child care, medical treatment and special
care, commercial-residential and take-out food service classes.
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Theatre
One space for every 5 seats.
Cultural and Civic
One space for every 50 square metres of gross floor
areas.
General Assembly
One space for every 10 square metres of gross floor area.
Educational
Schools - 2 spaces for every classroom.
Further education - 1 space for every 5 persons using the
facilities (students, faculty and staff).
Place of Worship
One space for every 5 seats.
Passenger Assembly
As specified by the Town.
Club and Lodge
One space for every 3 persons that may be
accommodated at one time.
Catering
One space for every 3 customers that may be
accommodated at one time.
Funeral Home
One space for every 10 square metres of gross floor area.
Child Care
One space for every 20 square metres of gross floor area
Amusement
One space for every 10 square metres of gross floor area.
Outdoor Assembly
As specified by the Town.
Town of Harbour Grace
Development Regulations 2010 SCHEDULE D - OFFSTREET LOADING AND PARKING
106
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Campground
As specified by the Town.
Penal
and
Correctional
Detention
As specified by the Town.
Medical Treatment and
Special Care
Once space per 20 square metres of suite or ward area
Single Dwelling
Two spaces for every dwelling unit.
Double Dwelling
Two spaces for every dwelling unit.
Row Dwelling
Two spaces for every dwelling unit.
Apartment Building
Three spaces for every two dwelling units.
Collective Residential
As specified by the Town.
Boarding House
Residential and/or Bed
and Breakfast
As specified by the Town.
Commercial Residential
One space for every guest room.
Seasonal Residential
One space per dwelling unit.
Mobile Homes
Two spaces for every dwelling unit.
Office
One space for every 20 m2 of gross floor area.
Medical and Professional
One space for every 20 m2 of gross floor area.
Personal Service
One space for every 20 m2 of gross floor area.
General Service
One space for every 20 m2 of gross floor area.
Communications
As specified by the Town.
Police Station
As specified by the Town.
Taxi Stand
As specified by the Town.
Take-out Food Service
One space for every 20 m2 of gross floor area.
Veterinary
One space for every 20 m2 of gross floor area.
Shopping Centre
One space for every 15 m2 of gross floor area.
Shop
One space for every 20 m2 of gross floor area.
Indoor Market
As specified by the Town.
Outdoor Market
As specified by the Town.
Convenience Store
One space for every 20 m2 of gross floor area.
Hazardous Industry
As specified by the Town, but not less than one space per
100 m2 of gross floor area or 10 parking spaces,
whichever is greater.
General Industry
As specified by the Town, but not less than one space per
100 m2 of gross floor area or 10 parking spaces,
whichever is greater.
Service Station
One space for every 20 m2 of gross floor area.
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Development Regulations 2010 SCHEDULE D - OFFSTREET LOADING AND PARKING
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CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Light Industry
As specified by the Town, but not less than one space per
50 m2 of gross floor area or 5 parking spaces, whichever
is greater.
Agriculture
Not specified.
Forestry
Not specified.
Mineral Working
Not specified.
Mining
Not specified.
Recreational Open Space
Not specified.
Conservation
Not specified.
Cemetery
Not specified.
Scrap Yard
Not specified.
Solid Waste
Not specified.
Animal
Not specified.
Antenna
Not specified.
Transportation
As determined by the Town, taking into consideration
associated uses, such as boat repairs, and other facilities
and services.
Marina
As determined by the Town, taking into consideration
associated uses, such as boat repairs, and other facilities
and services.
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SCHEDULE E - WATERWAYS AND WETLANDS
108
SCHEDULE E - WATERWAYS AND WETLANDS - W.R. 97-1 AND W.R. 97-2
NOTE: Schedule F sets out the applicable policy directives under the Water Resources
Act concerning development in and near bodies of water - waterways and wetlands -
as described in Part II of the Development Regulations. These directives were obtained
from the Government of Newfoundland and Labrador Department of Environment and
Conservation Website and may be amended or changed without notice.
WATERWAYS
Development in Shore Water Zones - Policy Directive W.R. 97-1
1.0
INTRODUCTION
The shore water zone is the interface between land and water, and includes the
land along the edge of an ocean, or a fresh water body. The shore water zone
owes its unique ecological attributes to the area encompassing both the land
draining into the water body and the water body itself. Unplanned and imprudent
development on shore water zones, including infilling and waste disposal, may
have detrimental effects on water quality, water quantity, and on terrestrial and
aquatic life and habitat. Human impacts on salt water shore zones, caused by,
for example, untreated sewage disposal, surface runoff from urban and industrial
sites, etc., has led to closures of bays to aquaculture and shellfish harvesting.
The economic impacts of environmental damage of fresh water shore zones
include loss of recreational opportunities, depreciation of land values, etc. Shore
water zones are also areas that are subject to flooding, with possible adverse
impacts on life and property along the zones.
2.0
OBJECTIVES
This policy will establish the criteria for issuing a permit under Section 48 of the
Water Resources Act, SNL 2002 cW-4.01, for all development activities in and
affecting shore water zones. The objective of the policy is to permit
developments of shore water zones such that potential economic losses and
impacts on water quantity, water quality, and terrestrial and aquatic habitats and
life are minimized.
3.0
LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act") sections 30, 48 and 64
4.0
DEFINITIONS
Body of Water -
(Statutory definition from the Act) "body of water" means
a surface or subterranean source of fresh or salt water
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SCHEDULE E - WATERWAYS AND WETLANDS
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within the jurisdiction of the province, whether that source
usually contains liquid or frozen water or not, and
includes water above the bed of the sea that is within the
jurisdiction of the province, a river, stream, brook, creek,
watercourse, lake, pond, spring, lagoon, ravine, gully,
canal, wetland and other flowing or standing water and
the land occupied by that body of water
Shore Water Zone -
"Shore Water Zone" means the land that is intermittently
occupied by water as a result of the naturally fluctuating
surface water level in a body of water which can be either
a fresh or salt water body and, in either case, the low
water mark and high water mark of the water body
defining the edges of the shore water zone.
Development -
"Development" means the carrying out of an activity or
operation which includes construction of wharves,
moorings, jetties, other docking facilities, marinas,
boathouses, etc., mechanical disturbance of the land,
infilling, drainage, dredging, channelization, erosion
control works, and removal of vegetation on shore water
zones for social or economic benefits, or any change in
the use or the intensity of use of any shore water zone.
5.0
POLICIES
5.1
High Water Level of a Water Body
The high water level of a water body is taken to be the 1:100 year return period
water level. For a fresh water body, this level includes water levels caused strictly
by storm runoff or hydraulic effects of ice or both. In marine situations, the level
must include maximum waves, wind setup, storm surge, and ultimate mean sea
levels under current global climatic forecasts for a 1:100 year design.
5.2
Developments Not Permitted
5.2.1 Infilling, drainage, dredging, channelization, or removal of surface or
underwater vegetation on or along shore water zones, which could
aggravate flooding problems, will not be permitted.
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5.2.2 Infilling, drainage, dredging, channelization, or removal of surface or
underwater vegetation on or along shore water zones, which have
unmitigable adverse water quality impacts on the shore water zones, will
not be permitted.
5.2.3 Infilling, drainage, dredging, channelization, or removal of surface or
underwater vegetation on or along shore water zones which have
significant impacts on water circulation patterns within the shore water
zones or on sediment deposition or accretion or removal rates along the
shore water zones will not be permitted.
5.2.4 Placing, depositing or discharging into shore water zones of any raw
sewage, refuse, municipal and industrial wastes, fuel or fuel containers,
pesticides, herbicides or other chemicals or their containers, or any other
material, which impairs or has the potential to impair the water quality of
the shore water zones will not be permitted.
5.2.5 Construction of extensive paved surfaces along a shore water zone, which
changes the intrinsic character of the shore water zone, will not be
permitted.
5.3
Developments Requiring Written Permission
The following developments on or along shore water zones will be permitted
subject to the prior written permission of the Minister of Environment and
Conservation (the "Minister") in accordance with the Act:
5.3.1 Limited removal of surface vegetation cover for the construction of
marinas, boathouses, jetties, wharves, moorings, and other docking
facilities.
5.3.2 Construction of marinas, boathouses, jetties, wharves, moorings and other
docking facilities which would require only minor disturbances to water
circulation patterns within the shore water zone and which have limited
impacts on sediment deposition or accretion rates along the shore water
zone.
5.3.3 Extension and upgrading of existing buildings, structures and facilities
within shore water zone areas.
5.3.4 Development related to recreational activities including the setting up of
campgrounds, permanent and semi-permanent facilities, etc., along shore
water zones.
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5.4
Implementation of Mitigative Measures
All developments which are permitted within shore water zones and which could
result in potentially adverse changes to water quantity or water quality of the
shore water zone will require the implementation of mitigative measures to be
specified in the terms and conditions for the environmental approval.
5.5
Restoration Measures
The terms and conditions of the environmental approval will specify the
restoration measures to be implemented upon cessation of activities or
abandonment of facilities on shore water zones.
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SCHEDULE E - WATERWAYS AND WETLANDS
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WETLANDS
Subject:
Development in Wetlands
1.0
INTRODUCTION
Wetlands, which include bogs, fens, marsh, swamps, and shallow water, collect
and store runoff, moderate and attenuate downstream flood flows, reduce
downstream flooding and erosion, clean and purify water, recharge groundwater
zones, and provide unique habitat for plants and animals. The wetlands of
Newfoundland and Labrador are increasingly being altered from their natural
state to support alternative land uses such as agriculture, urbanization, industrial
development, and recreation. Unplanned and imprudent development of
wetlands, including drainage, infilling, and channelization, have detrimental
effects on the wetlands' and downstream water quality and water quantity, and
on terrestrial and aquatic habitat, life, flora and fauna. The potential
consequences of impacts on water resources include structural damage to
bridges and culverts from increased flood flows; river bed erosion causing
siltation; and detrimental impacts on fish resources, drinking water quality and
recreational uses of water bodies.
The problem facing wetland management is that the ecological and socio-
economic benefits of these ecosystems are usually not directly measurable and
in many instances are not recognized until it is too late. The extensive nature of
wetlands, peatlands in particular, in this province means that there is room for
more developments to occur to meet social and economic needs, as long as
hydrologic and environmental impacts are minimized.
2.0
OBJECTIVES
This policy will establish the criteria for issuing a permit under Section 48 of the
Water Resources Act, SNL 2002 cW-4.011, for all development activities in and
affecting wetlands. The objective of the policy is to permit developments in
wetlands, which do not adversely affect the water quantity, water quality,
hydrologic characteristics or functions, and terrestrial and aquatic habitats of the
wetlands.
3.0
LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act") sections 30, 48 and 64
Town of Harbour Grace
Development Regulations 2010
SCHEDULE E - WATERWAYS AND WETLANDS
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4.0
DEFINITIONS
Body of Water -
(Statutory definition from the Act) "body of water" means
a surface or subterranean source of fresh or salt water
within the jurisdiction of the province, whether that source
usually contains liquid or frozen water or not, and
includes water above the bed of the sea that is within the
jurisdiction of the province, a river, stream, brook, creek,
watercourse, lake, pond, spring, lagoon, ravine, gully,
canal, wetland and other flowing or standing water and
the land occupied by that body of water.
Wetland -
(Statutory definition from the Act) "wetland" means land
that has the water table at, near or above the land
surface and includes bogs, fens, marshes, swamps and
other shallow open water areas
Wetland development - "Wetland development" means the carrying out of an
activity or operation which includes the construction of
ditches, mechanical disturbance of the ground, alteration
of normal water level fluctuations, infilling, drainage,
dredging, channelization, and removal of vegetation
cover and/or organic matter on a wetland for social or
economic benefits, or the making of any change in the
use or the intensity of use of any wetland which affects its
hydrologic characteristics or functions
5.0
POLICIES
5.1
Developments Not Permitted
5.1.1 Infilling, drainage, dredging, channelization, removal of vegetation cover or
removal of soil or organic cover of wetlands which could aggravate
flooding problems or have unmitigable adverse water quality or water
quantity or hydrologic impacts will not be permitted.
5.1.2 Developments of wetlands which are located within the recharge zones of
domestic, municipal or private groundwater wells will not be permitted.
5.1.3 Placing, depositing or discharging any raw sewage, refuse, municipal and
industrial wastes, fuel or fuel containers, pesticides, herbicides or other
chemicals or their containers, or any other material which impairs or has
the potential to impair the water quality of wetlands will not be permitted.
5.2
Developments Requiring Written Permission
The following developments affecting wetlands will be permitted subject to the
prior written permission of the Minister of Environment and Conservation (the
Town of Harbour Grace
Development Regulations 2010
SCHEDULE E - WATERWAYS AND WETLANDS
114
"Minister") in accordance with the Act:
5.2.1 Removal of the surface vegetation cover of wetlands for extraction of peat,
or for preparing the area for agricultural or forestry activities.
5.2.2 Construction of ditches, tile fields and other types of flow conveyances to
drain wetlands for extraction of peat, or for preparing the area for
agricultural or forestry operations.
5.2.3 Removal of the topsoil or organic cover of wetlands for use as horticultural
or fuel peat, or for preparing the area for agricultural or forestry activities.
5.2.4 Infilling, dredging, or any other disturbance of wetlands for the
construction of permanent or temporary roads, bridges, culverts, trails,
power and telecommunication transmission lines, pipelines, etc., through
wetlands which would necessitate only minor disturbances to the
vegetation and organic cover, the flow drainage pattern of the area and
ground slope.
5.2.5 Infilling, dredging or other disturbance of wetlands for the construction of
residential, commercial, industrial and institutional facilities or extension
and upgrading of existing buildings and facilities within wetland areas.
5.2.6 Development related to recreational activities including the setting up of
campgrounds, permanent and semi-permanent facilities, etc., on wetland
areas.
5.2.7 Construction of flow control structures to alter the normal water level
fluctuations of wetlands for the purposes of enhancing the quality or
quantity of fish and other wildlife habitat.
5.3
Implementation of Mitigative Measures
All uses and developments of wetlands resulting in potentially adverse changes
to water quantity or water quality or hydrologic characteristics or functions of the
wetlands will require the implementation of mitigative measures to be specified in
the terms and conditions for the environmental approval.
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SCHEDULE E - WATERWAYS AND WETLANDS
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5.4
Restoration Measures
The terms and conditions of the environmental approval will specify the
restoration measures to be implemented upon cessation of activities or
abandonment of facilities on wetland areas.