Town of Harbour Grace Development Regulations 2024-2034
Harbour Grace, Newfoundland and Labrador
This is the exact embedded text of the captured official document.
Snapshot bf09dc704f31 · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
TOWN OF HARBOUR GRACE
DEVELOPMENT REGULATIONS
2024-2034
PLAN-TECH
ENVIRONMENT
December 2024
Harbour Grace Development Regulations
Plan-Tech Environment Page
i
Urban and Rural Planning Act, 2000
Resolution to Approve
Harbour Grace Development Regulations, 2024-2034
Under the authority of sections 16, 17 and 18 of the Urban and Rural Planning Act,
2000, the Town Council of Harbour Grace:
(a) Adopted the Harbour Grace Development Regulations, 2024-2034, on the
day of , 2025.
(b) Gave notice of the adoption of the Harbour Grace Development Regulations,
2024-2034, by advertisement inserted on the day of ,
2025 in the newspaper.
(c) Set the day of , 2025 for the holding of a public hearing to
consider objections and submissions.
Now under section 23 of the Urban and Rural Planning Act, 2000, the Town Council
of Harbour Grace approves the Harbour Grace Development Regulations, 2024-
2034, as adopted (or amended).
Signed and Sealed this day of , 2025.
Mayor: ___________________________ (Council Seal)
Clerk: ____________________________
Development Regulations/Amendment
REGISTERED
Number_________________________
Date____________________________
Signature________________________
Harbour Grace Development Regulations
Plan-Tech Environment Page
ii
Harbour Grace Development Regulations
Plan-Tech Environment Page
iv
TABLE OF CONTENTS
PART I - APPLICATION ..................................................................................................................1
1. Short Title .........................................................................................................................1
2. Interpretation ...................................................................................................................1
3. Commencement ...............................................................................................................1
4. Minister's Development Regulations .................................................................................1
5. National Building Code of Canada and Municipal Regulations ...........................................2
PART II - GENERAL REGULATIONS ................................................................................................3
6. Compliance with Regulations ............................................................................................3
7. Permit Required ................................................................................................................3
8. Permit to be Issued ...........................................................................................................3
9. Permit Not to be Issued in Certain Cases ...........................................................................3
10. Discretionary Powers of Council ........................................................................................4
11. Variances ..........................................................................................................................4
12. Notice of Variance.............................................................................................................5
13. Service Levy ......................................................................................................................5
14. Financial Guarantees by Developer ...................................................................................5
15. Dedication of Land for Public Use ......................................................................................6
16. Reinstatement of Land ......................................................................................................6
17. Application ........................................................................................................................6
18.Comprehensive Development Plan ..............................................................................................7
19. Register of Application ......................................................................................................7
20. Deferment of Application ..................................................................................................7
21. Approval in Principle .........................................................................................................8
22. Development Permit .........................................................................................................8
Harbour Grace Development Regulations
Plan-Tech Environment Page
v
23. Development Agreement ..................................................................................................9
24. Council Decisions ...........................................................................................................................9
25. Right to Appeal .................................................................................................................9
26. Development Prohibited .................................................................................................10
27. Non-Conforming Use ......................................................................................................11
28. Notice of Application.......................................................................................................12
29. Right of Entry ..................................................................................................................12
30. Stop Work Order and Prosecution ...................................................................................12
31. Delegation of Powers ......................................................................................................12
PART III - GENERAL DEVELOPMENT STANDARDS .......................................................................14
32. Accesses and Service Streets......................................................................................................14
33. Accessory Buildings .........................................................................................................14
34. Accessory Uses...............................................................................................................................14
35. Alternations to Natural Topograph .............................................................................................14
36. Archaeological Sites.......................................................................................................................14
37. Bandsaws .......................................................................................................................................14
38. Buffer ..............................................................................................................................16
39. Building Height ................................................................................................................16
40. Building Line Setback ......................................................................................................16
41. Building Placement........................................................................................................................16
42. Blueberry Management Area.......................................................................................................16
43. Child-Care Services.........................................................................................................................16
44. Commercial Wood Harvesting and Silviculture ........................................................................16
45. Corner Lots......................................................................................................................................16
46. Corner Lot Sight Triangle .............................................................................................................17
47. Cottage Planning Area ...............................................................................................................17
48. Development Below 4.0 Metre Contour ....................................................................................17
Harbour Grace Development Regulations
Plan-Tech Environment Page
vi
49. Domestic Wood Cutting Area ......................................................................................................17
50. Easements ......................................................................................................................18
51. Emergency Access .......................................................................................................... .18
52. Endangered and Vulnerable Species ...............................................................................19
53. Fronting on a Public Street ..............................................................................................19
54. Geological Hazards ..........................................................................................................19
55. Group Home ...................................................................................................................19
56. Heritage Buildings ...........................................................................................................20
57. Height Exceptions ...........................................................................................................20
58. Home-Based Business ........................,,,......................................................................................19
59. Land Suitability .............................................................................................................................20
60. Livestock Structures and Uses ........................................................................................ .21
61. Infilling within 15 Metres of a Body of Water ..........................................................................21
62. Lot Area ..........................................................................................................................22
63. Lot Area and Size Exceptions ...........................................................................................22
64. Mineral Workings, Mining and Mineral Exploration ...............................................................21
65. Non-Domestic Water Use ...........................................................................................................23
66. Offensive and Dangerous Uses ........................................................................................24
67. Off-Street Parking Requirements ....................................................................................24
68. Off-Street Loading Requirements ....................................................................................25
69. On-site Sewerage Disposal ..........................................................................................................25
70. Preservation of Trees ...................................................................................................................25
71. Private Wellhead Protection Area ...................................................................................26
72. Protected Street, Route 75 ..............................................................................................25
73. Public Wellhead Protection Area .....................................................................................27
74. Parks, Playgrounds, Trails, and Conservation Uses ..........................................................27
75. Screening and Landscaping .............................................................................................27
76. Streets, Services and Public Utilities ................................................................................27
Harbour Grace Development Regulations
Plan-Tech Environment Page
vii
77. Service Stations ...............................................................................................................27
79. Sewer and Water Connections and Extensions .......................................................................27
79. Shore Water Zone ........................................................................................................................27
80. Side Yards .......................................................................................................................28
81. Stormwater Management ..........................................................................................................27
82. Stewardship Conservation Areas ...............................................................................................28
83. Survey Control Markers ..............................................................................................................28
84. Street Reservation and Street Standards .........................................................................29
85. Subsidiary Apartments ....................................................................................................30
86.Tourism Accommodation .............................................................................................................29
87. Unsubdivided Land..........................................................................................................30
88. Urban Agriculture ........................................................................................................................29
89. Uses Permitted or Discretionary in all Zones ............................................................................29
90. Water Course and Water Body Buffer ......................................................................................31
91. Wetland Protection......................................................................................................................31
92. Wind Energy Land Reserve ..........................................................................................................32
92. Zero Lot Line and Other Comprehensive Development ...................................................33
PART IV - ADVERTISEMENTS ......................................................................................................34
94. Permit Required ..............................................................................................................34
95. Form of Application.........................................................................................................34
96. Advertisements Prohibited in Street Reservation ............................................................34
97. Permit Valid for Limited Period .......................................................................................34
98. Removal of Advertisements ............................................................................................34
99. Advertisements Exempt from Control .............................................................................34
100.Approval Subject to Conditions ................................................................................................35
101. Non-Conforming Uses ..............................................................................................................34
102. Informational Wayfaring Signs ................................................................................................34
Harbour Grace Development Regulations
Plan-Tech Environment Page
viii
PART V - SUBDIVISION OF LAND ................................................................................................36
103. PermitRequired.............................................................................................................36
104. Application....................................................................................................................36
105. Services to be Provided ............................................................................................................36
106. Payment of Service Levies and Other Charges ......................................................................36
107. Issue of Development Permit Subject to Considerations...................................................... 36
108. Groundwater Assessment ........................................................................................................37
109. Building Permits Required ........................................................................................................37
110. Subdivision Subject to Zoning ..................................................................................................37
111. Building Lines .............................................................................................................................38
112. Land for Public Open Space ...........................................................................................38
113. Structure in Street Reservation ...............................................................................................38
114. Subdivision Development Standards ......................................................................................39
115. Engineer to Design Works and Certify Construction Layout .................................................40
116. Developer to Pay Engineer's Fees and Charges .....................................................................40
117. Street Works May Be Deferred ...............................................................................................40
118. Transfer of Streets and Utilities to Council ...........................................................................41
118. Restriction on Sale of Lots .......................................................................................................41
120. Lot Grading ................................................................................................................................40
121. Grouping of Buildings and Open Space ................................................................................40
122. Open Space ...............................................................................................................................41
PART VI - USE ZONES ................................................................................................................ .43
123. Use Zones ...................................................................................................................................43
124.Use Classes ..................................................................................................................................43
125.Permitted Uses ...........................................................................................................................43
126. Discretionary Uses ....................................................................................................................43
127.Uses Not Permitted ....................................................................................................................43
Harbour Grace Development Regulations
Plan-Tech Environment Page
ix
Development Regulations under the Urban and Rural Planning Act, 2000. ................................45
SCHEDULE A - DEFINITIONS .......................................................................................................52
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ...........................................65
SCHEDULE C - STANDARD CONDITIONS FOR ALL USE ZONES .....................................................71
SCHEDULE C - USE ZONE TABLES
Land Use Zone
Abbreviation
Page
Residential
RES
74
Mixed Development
MD
78
Town Centre
TC
81
Heritage
HD
85
Public Building
PB
91
Commercial General
CG
93
Industrial General
IG
96
Open Space Recreation
OSR
98
Open Space Recreation Park
OSRP
99
Environmental Protection
EP
102
Protected Public Water Supply
PPWS
103
Transportation Highway
TH
105
Cottage Control
CC
106
Rural
RUR
108
SCHEDULE D - OFF-STREET PARKING REQUIREMENTS ............................................................. 110
Harbour Grace Development Regulations
Plan-Tech Environment
Page 1
TOWN OF HARBOUR GRACE MUNICIPAL PLAN
DEVELOPMENT REGULATIONS
PART I - APPLICATION
1.
Short Title
These Regulations may be cited as the Harbour Grace Development Regulations. Hereafter the
Harbour Grace Development Regulations shall be referred to as the Development Regulations.
2.
Interpretation
(1)
Words and phrases used in these Development Regulations shall have the meanings ascribed
to them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings which are commonly
assigned to them in the context in which they are used in the Development Regulations.
(3)
Schedule B provides examples of each use classification. Council may interpret these groups,
classes and examples provided that the uses are similar to those uses listed as permitted or
discretionary in the applicable use zone table and are of a similar scale and intensity.
(4)
In these Regulations,
(a) "Council" means Council of the Town Council of Harbour Grace.
(b) "Act" means the Urban and Rural Planning Act, 2000.
(c) "Town" means the Town of Harbour Grace.
(d) "Municipal Plan" means the Harbour Grace Municipal Plan.
(e) "Municipal Planning Area" means the Harbour Grace Municipal Planning Area.
3.
Commencement
These Regulations come into effect throughout the Municipal Planning Area, on the date of
publication of a notice to that effect in the Newfoundland and Labrador Gazette.
4.
Minister's Development Regulations
(1)
The Development Regulations (Newfoundland and Labrador Regulation 3/01), made under
Section 36 of the Urban and Rural Planning Act, 2000, hereinafter referred to as the
Minister's Development Regulations, shall apply within the Municipal Planning Area. Where
there is conflict between the Minister's Development Regulations and the Harbour Grace
Development Regulations, the Minister's Development Regulations shall prevail.
(2)
The Minister's Development Regulations are included in the Development Regulations.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 2
5.
National Building Code of Canada and Municipal Regulations
(1) The National Building Code of Canada including the Plumbing Code, the Fire Code, the Electrical
Code, and any other ancillary code and any Building Regulations, Waste Disposal Regulation,
Street Standard Regulations, Municipal Heritage Site Designation Regulations, and 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 Development Regulations, apply to the
entire Municipal Planning Area.
(2) All new buildings shall comply with the energy efficiency requirements of the National Building
Code of Canada.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 3
PART II - GENERAL REGULATIONS
6.
Compliance with Regulations
No development shall be carried out within the Municipal Planning Area except in accordance
with these Development Regulations.
7.
Permit Required
No person shall carry out any development within the Municipal Planning Area unless a
development permit has been issued by Council.
8.
Permit to be Issued
Subject to Regulations 9 and 10, a development permit shall be issued for development within
the Municipal Planning Area that conforms to:
(1)
the general development standards set out in Part II of these Development Regulations,
the requirements of Part V of these Development Regulations, and the use classes,
standards, requirements, and conditions prescribed in Schedule C of these Development
Regulations for the use zone in which the proposed development is located,
(2)
the standards set out in the Building Code and/or other ancillary codes, and any Building
Regulations, Waste Disposal Regulations, Street Standard Regulations, Municipal
Heritage Site Designation Regulations, and/or any other municipal regulation in force in
the Planning Area regulating or controlling development, conservation and use of land
and buildings,
(3)
the standards set out in Part III of these Development Regulations in the case of
advertisement,
(4)
the standards set out in Part IV of these Development Regulations in the case of
subdivision, and
(5)
the standards of design and appearance established by Council.
9.
Permit Not to be Issued in Certain Cases
Neither a development permit nor approval in principle shall be issued for development within
the Municipal Planning Area when, in the opinion of Council, it is premature by reason of the
site lacking adequate street 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
Council and such cost shall attach to and upon the property in respect of which it is imposed.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 4
10. Discretionary Powers of Council
(1)
In considering an application for a development permit or for approval in principle, Council
shall take into account the policies expressed in the Municipal Plan, and any further
scheme, plan or regulations pursuant thereto, and shall assess the impact of the
development on the general appearance of the area, the amenity of the surroundings,
availability of utilities, public safety and convenience, and any other considerations which
are, in Council's opinion, material, and notwithstanding the conformity of the application
with the requirements of these Development Regulations, Council may, in its discretion,
and as a result of its consideration of the matters set out in this Regulation, approve,
approve with conditions, or refuse the application.
(2)
Council may, in its discretion, determine the uses that may be developed in a use zone
provided that those uses are similar to those uses listed as permitted or discretionary in
the applicable use zone table and examples listed in Schedule B, and are of a similar scale
and intensity.
(3)
Council may use its discretion to interpret boundaries of zones shown on the Land Use
Zoning Map. Those boundaries which coincide with streets or other prominent physical
features are intended to define exact limits. Where possible, the boundaries of the use
zones follow identified features such as streets, fences, watercourses, transmission lines,
or lot lines. Where there is any uncertainty, contradiction, or conflict concerning the
intended location of a zone boundary, Council may interpret the exact location of the
zone boundary in a manner that is consistent with the intent and policies of the Municipal
Plan without amendment to the Land Use Zoning Map.
11. Variances
(1)
Where an approval or development permit cannot be given by Council because a
proposed development does not comply with the numeric development standards set out
in the applicable use zone table of the Development Regulations, Council may, in its
discretion, vary the yard, area, lot coverage, setback, size, height, frontage and any other
numeric requirements set out in the application use zone table to a maximum of 10% if,
in Council's opinion, compliance with the development standards would prejudice the
proper development of the land, building or structure in question or would be contrary to
public interest.
(2)
Council shall not allow a variance from the numeric development standards set out in the
applicable use zone table if that variance, when considered together with other variances
made or to be made with respect to the same land, building or structure, would have a
cumulative effect that is greater than a 10% variance even though the individual variances
are separately no more than 10%.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 5
(3)
Council shall not permit a variance from the numeric development standards set out in
the applicable use zone table where the proposed development would increase the non-
conformity of an existing development.
12. Notice of Variance
Where Council wishes to consider a proposed variance, Council shall give written notice of the
proposed to all persons whose land is in the immediate vicinity of the land that is the subject of
the variance and allow a minimum period of 7 days for response.
13. Service Levy
(1)
Council may require a developer to pay a service levy where development is made possible
or where the density of potential development is increased, or where the value of
property is enhanced by the carrying out of public works either on or off the site of the
development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance charges to
Council of constructing or improving the public works referred to in Regulation 14(1) that
are necessary for the real property to be developed in accordance with the standards
required by Council and for uses that are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on,
(a)
the amount of real property benefited by the public works related to all
the real property so benefited; and,
(b)
the density of development made capable or increased by the public work.
(4)
Council may require a service levy to be paid by the owner of the real property,
(a)
at the time the levy is imposed,
(b)
at the time development of the real property commences,
(c)
at the time development of the real property is completed, or,
(d)
at such other time as Council may decide.
14. Financial Guarantees by Developer
(1)
Council 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 Council, or,
Harbour Grace Development Regulations
Plan-Tech Environment
Page 6
(b)
a guarantee by a bank, or other institution acceptable to the Minister, for
expenditures by the developer, or,
(c)
a performance bond provided by an insurance company or a bank, or,
(d)
an annual contribution to a sinking fund held by Council, or,
(e)
another form of financial guarantee that Council may approve.
15.
Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, Council 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 Council in accordance with the provisions of the
Act.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, Council 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 Council and shall put the site in a clean
and sanitary condition to the satisfaction of Council.
17. 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 on such form as may be prescribed by
Council, and every application shall include such plans, specifications and drawings as
Council may require, and be accompanied by the permit fee required by Council.
(2)
If application is on Crown Land, the applicant must provide a lease or grant issued by the
Crown Lands Branch, Department of Fisheries, Forestry and Agriculture.
(3)
Council shall 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 and any information or requirements applicable to the
application.
(4)
A site plan shall accompany all applications for development or building. The site plan
shall show,
(a)
lot area and lot dimensions,
(b)
the placement of all buildings, including measurements for building line, side yards
and rear yard depth,
(c)
building measurements, floor area and building height,
Harbour Grace Development Regulations
Plan-Tech Environment
Page 7
(d)
access,
(e)
off-street parking,
(f)
fencing and retaining walls,
(g)
site grading, placement or removal of fill, ditching and storm water management,
(h)
landscaping, and
(i)
in the case of non-residential development, loading, lot circulation, buffers,
fencing, retaining walls, site grading, storm water management and location of
features such as dumpsters, lighting and other amenities.
18.
Comprehensive Development Plan
In addition to the site plan required in Regulation 17 (4), an application for a major development
or subdivision development shall include a comprehensive development plan showing,
(1)
site topography and nature features including,
(a)
site constraints and opportunities,
(b)
wetlands and water bodies,
(c)
site drainage patterns, and
(d)
slopes exceeding 15 percent,
(2)
proposed lots, streets, infrastructure, storm water management and utilities,
(3)
connections with existing development including streets, infrastructure, and utilities,
(4)
access to existing streets, emergency accesses, and future access to adjacent
undeveloped land,
(5)
buffers between proposed development and dwellings and areas zoned Residential,
(6)
outdoor storage, and
(7)
phasing of development.
19. Register of Application
Council shall keep a public register of all applications for development and shall enter therein
Council's decision upon each application and the result of any appeal from that decision.
20. Deferment of Application
(1)
An application properly submitted in accordance with these Regulations shall be
determined within eight (8) weeks of receipt of the application by Council.
(2)
Council may defer consideration of an application where additional information or
consideration is required.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 8
(3)
Where no decision on an application has been made within eight (8) weeks of its
submission, the application shall be deemed to be refused.
21. Approval in Principle
(1)
An application for Approval in Principle shall include,
(a)
a description of the proposed development,
(b)
a description of the limits of the land to be used with the proposed development,
and may include a survey description of the subject lands, and
(c)
submission of any pertinent information that may be required by Council.
(2)
Council may issue an Approval in Principle if it determines the application conforms to the
Municipal Plan and these Development Regulations.
(3)
An Approval in Principle shall be valid for a period of 1 year and may be extended 1 year
by written request by the applicant. An Approval in Principle shall be valid for up to a
total maximum period of 2 years. If a Development Permit is not issued within 2 years of
the issuance of the Approval in Principle, the applicant must reapply, and Council shall
assess the application under the Development Regulations in effect at that time. If an
applicant does not submit a written request to extend an approval in principle, the
approval in principle shall expire.
(4)
No development shall be carried out under an Approval in Principle.
(5)
Council may revoke an Approval in Principle if it determines the applicant has changed the
proposed development in a way that significantly alters the original intent of the
applications.
22. Development Permit
(1)
A written Development Permit, including a temporary Development Permit, issued by
Council shall be permission to develop. This permission shall not relieve the applicant from
full responsibility of obtaining all other approvals, prior to the commencement of
development, complying with the application, complying with any conditions, and
complying with the requirements of all other regulations and statutes during
development.
(2)
Council may attach conditions to a Development Permit to ensure compliance with the
Municipal Plan and these Regulations, and the permit holder shall be responsible for full
compliance with the permit conditions.
(3)
A Development Permit is valid for a period of 1 year and may be extended twice up to a
total maximum period of 3 years. After this period, the Development Permit shall be
considered cancelled and reapplication will be required.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 9
(4)
The issuance of a Development Permit shall not prevent Council from requiring the
correction of errors, or ordering the cessation, removal of, or remedial work on any
development being carried out that is in violation of the Municipal Plan and these
Regulations.
(5)
Council may revoke or suspend a Development Permit for failure by the developer to
comply with the Municipal Plan and these Regulations, or any condition attached to the
Permit to Develop, or where the Development Permit was issued in error or was issued
on the basis of incorrect information.
(6)
No person shall change the application for which a Development Permit has been issued
unless the change has been approved by a resolution of Council, and written approval has
been issued. No person may erase, alter, or modify any drawings or specifications
approved by Council. Any changes or modifications to drawings or specifications shall be
approved by Council.
(7)
A copy of the Development Permit, and the plans and specifications, shall be kept on the
site until completion of the development.
23. Development Agreement
(1) Where a development agreement is a condition of a development permit, the development
agreement shall set out the specific terms, obligations and standards and shall secure service
levies and financial guarantees.
(2) The development agreement shall be signed by the applicant and Council. Development
cannot proceed until the development agreement is signed by the applicant and Council and
the service levies and financial guarantees identified in the development agreement have
been paid.
24.
Council Decisions
(1)
An applicant shall be informed of Council's decision in writing.
(2)
A written decision to refuse a development permit shall include the reasons.
(3)
A written decision to impose conditions to a development permit shall include the
reasons.
25. Right to Appeal
(1)
Where Council makes a decision that may be appealed under section 41 of the Act,
Council shall, in writing, at the time of making that decision, notify the person to whom
the decision applies of the,
(a)
person's right to appeal the decision to the board,
(b)
time by which an appeal is to be made,
Harbour Grace Development Regulations
Plan-Tech Environment
Page 10
(c)
right of other interested persons to appeal the decision, and
(d)
manner of making an appeal and the address for the filing of the appeal.
(2)
An appeal may be filed with the Appeal Officer with the Department of Municipal and
Provincial Affairs, P.O. Box 8700, St. John's, Newfoundland Labrador, A1B 4J6 or by email
to [email protected].
(3)
An appeal shall be made in writing and shall include,
(a) a summary of the decision being appealed,
(b) the grounds of the appeal, and
(c) the required fee.
An appeal form is available at www.gov.nl.ca/mpa/for/appeals/ .
(4)
A person or a group of persons aggrieved by a decision may appeal the decision where:
(a)
the decision is permitted to be appealed to an adjudicator under the Act or another
Act or
(b)
the decision is permitted to be appealed under the Development Regulations and
the decision relates to the following,
(i)
an application to undertake a development,
(ii)
a revocation of an approval or a permit to undertake a development, or
(iii)
the issuance of a stop work order.
(5)
An appeal shall be filed with an appeal officer with the Department of Municipal and
Provincial Affairs not more than 14 days after the person who made the original
application receives the decision.
(6)
Provisions with respect to appeals are found in Part VI of the Act and sections 5 to 11 of
the Minister's Development Regulations.
26. Development Prohibited
(1)
Immediately upon notice of the registration of an appeal, Council shall ensure that any
development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to Council acting under subsection (1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, Council shall not carry out work related to the matter being
appealed.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 11
27. Non-Conforming Use
(1)
In accordance with section 108 of the Act, and notwithstanding the Municipal Plan,
scheme or regulations made under the Act, Council 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, scheme or regulations made with respect to that kind of development or use.
(2)
Notwithstanding subsection (1), a right to resume a discontinued non-conforming use of
a development of use of land shall not exceed 12 months after that discontinuance.
(3)
A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (1):
(a)
shall not be internally or externally varied, extended or expanded unless otherwise
approved by Council,
(b)
shall not be structurally modified except as required for the safety of the building,
structure or development,
(c)
shall not be reconstructed or repaired for use in the same non-conforming manner
where 50% or more of the value of that building, structure or development has
been destroyed,
(d)
may have the existing use for that building, structure or development varied by
Council to a use that is, in Council's opinion, more compatible with the plan and
regulations applicable to it,
(e)
may have the existing building extended by approval of Council where, in Council's
opinion, the extension is not more than 50% of the existing building,
(f)
where the non-conformance is with respect to the standards included in these
development regulations, shall not be expanded if the expansion would increase
the non-conformity,
(g)
where a building, structure or development does not meet the development
standards included in development regulations, the building, structure or
development shall not be expanded if the expansion would increase the non-
conformity and an expansion must comply with the development standards
applicable to that building, structure or development,
(h)
where the building or structure is primarily zoned and used for residential purposes,
may, in accordance with the municipal plan and regulations, be repaired or rebuilt
where 50% or more of the value of that building or structure is destroyed.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 12
28. Notice of Application
(1)
Council may, and when a variance is necessary under Regulation 11 and Council wishes
to consider whether to authorize such a variance, when a change in nonconforming use
is to be considered under Regulation 25, or when the development proposed is listed as
a discretionary use in Schedule C of the Regulations shall 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. Under Regulation 12, Council shall
give written notice of the proposed variance from numeric development standards to all
persons whose land is in the immediate vicinity of the land that is the subject of the
variance and allow a minimum period of 7 days for response.
(2)
The cost of the notice for a change in nonconforming use, an application for a use listed
as a discretionary use, or variance shall be at the expense of the applicant.
29. Right of Entry
Council, any town employee, any inspector, or agent of Council 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 Council is empowered to regulate.
30. Stop Work Order and Prosecution
(1)
Where a person has undertaken or commenced a building or other development contrary
or apparently contrary to these Regulations, Council may order that person to stop the
development or work connected therewith under section 102 of the Act. Council may
order that person to pull down, remove, stop construction, fill in or destroy that building
or development. Council may order that person to restore the store or area to its original
state.
(2)
A person who does not comply with an order made under Regulation 28 (1) is guilty of an
offence under the provisions of the Act.
31. Delegation of Powers
(1)
In accordance with section 109 of the Act, Council may appoint an employee or
employees to approve or reject applications for a development permit or approval in
principle in accordance with the Municipal Plan and Development Regulations. That
employee may outline conditions applicable to that development.
(2)
An employee may issue an order under section 102 of the Act.
(3)
Where Council appoints an employee or employees to issue orders, the delegation shall
be in writing.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 13
(4)
Where an employee issues an order, the order shall be confirmed by a majority vote of
Council present at the next meeting of Council after the order is made. If the order is not
confirmed by Council, it shall be considered cancelled.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 14
PART III - GENERAL DEVELOPMENT STANDARDS
32. Accesses and Service Streets
(1)
Access shall be located to the specification of Council to ensure the greatest possible
convenience and safety of the street system and Council may require the construction of
service streets to reduce the number of accesses to collector and arterial streets. Service
streets shall meet the street reservation and other standards in Regulation 113 (9).
(2)
No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
(3)
An access to a provincial highway requires approval of the Department of Transportation
and Infrastructure. Such an access must be constructed to the Department of
Transportation and Infrastructure requirements.
(4)
Future Access Points identified on the Zoning Map shall be reserved free from
development. Development proposals in the vicinity of these future access points shall
be reviewed to ensure that the access points provide unencumbered access to adjacent
lands. Council may require these future access points to be conveyed to the Town.
33. Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the use of the main
buildings in character, use, and size, and shall be contained on the same lot.
(2)
No accessory building or part thereof shall project in front of the main building except
with Council approval where:
(a)
the proposed location complements the historical development pattern in the
surrounding area, such as the heritage homes, and areas that have reduced
setbacks,
(b)
the physical limitations of the property do not allow for the development of an
accessory building in the rear or side yards, or
(c)
the proposed location would adversely affect the view from neighbouring homes.
(3)
The side yard requirements set out in the use zone tables in Schedule C of these
Development Regulations shall apply to accessory buildings wherever they are located on
the lot but accessory buildings on two (2) adjoining properties may be built to property
boundaries provided they shall be of fire-resistant construction and have a common
firewall.
(4)
More than one accessory building shall be permitted on a lot. The area of the main
building and the accessory buildings shall not exceed total lot coverage set out in the
applicable use zone table in Schedule C of these Development Regulations. Where there
is no lot coverage specified in the applicable use zone table, Council may exercise its
Harbour Grace Development Regulations
Plan-Tech Environment
Page 15
discretion to determine the appropriate number of accessory buildings and maximum lot
coverage.
(5)
An accessory building shall not have a building height greater than the main building on
the lot.
(6)
An accessory building shall be complimentary to the main building on the lot in style and
exterior finish.
(7)
An accessory building shall not be used for human habitation.
(8)
An accessory building, in the form of a private garage only, may be permitted in the side
yard of a residential lot at Council's discretion, but shall not be located in the flanking yard
of a corner lot.
(9)
Accessory buildings shall not be used for performing motor vehicle or heavy equipment
repairs, auto painting, dismantling, or scrapping of vehicles or other machinery.
34.
Accessory Uses
Council may permit an accessory use that is subsidiary to a permitted or discretionary use listed
in the applicable use zone table in Schedule C of these Development Regulations provided that
the use is customarily expected to occur in association with the permitted or discretionary use.
35.
Alterations to the Natural Topography
(1)
In accordance with Regulation 17 (4), applications involving the alteration of the natural
topography through site grading, placement or removal of fill, ditching, or substantial
landscaping must submit a site plan.
(2)
Council may impose conditions on a development permit to ensure that the off-site
impact of the alterations to the natural topography are minimal.
(3)
Alterations to the natural topography which shall adversely affect adjacent property or
water courses are not permitted.
(4)
Topsoil and sods shall not be removed except with the approval of Council.
36.
Archaeological Sites
(1)
All applications for development involving ground disturbance shall be referred to the
Provincial Archaeological Office, Department of Tourism, Culture, Arts and Recreation
before a development permit is issued.
(2)
An archaeological survey shall be required in areas with high archaeological potential.
(3)
If an archaeological site is accidently discovered, work cease immediately, and the Town
shall contact the Provincial Archaeological Office.
37.
Band Saws
A band saw is permitted on any residential lot as an accessory use provided that:
Harbour Grace Development Regulations
Plan-Tech Environment
Page 16
(1)
The band saw is located on the same lot as a single dwelling,
(2)
The band saw can only be used to saw lumber for the resident of the lot,
(3)
Storage of harvested logs and sawn lumber is restricted to the rear yard,
(4)
Harvested logs and sawn lumber must be organized and stored in a fashion which is not
unsightly and does not impede the views or amenity of adjacent property owners,
(5)
No sale of logs, firewood, sawn lumber or by-products such as sawdust, mulch, or wood
chips is permitted,
(6)
No accumulation is sawdust, wood chips, or bark is permitted,
(7)
The band saw must be located in the rear yard and must be placed so to minimize impacts
on adjacent property owners from noise, dust and odour, and
(8)
An accessory building used to house or store the bandsaw, harvested lots and sawn
lumber must meet the requirements of Regulation 32 and requires a permit from Council.
38. Buffer
(1)
Where any commercial or industrial development is permitted in any Use Zone that abuts
an existing or proposed residential area, a dwelling, or is separated from a residential area
by a street only, the owner shall provide a buffer strip not less than ten (10) metres wide.
The buffer shall include the provision of such natural or structural barrier as may be
required by Council and shall be maintained by the owner or occupier to the satisfaction
of Council.
(2)
Council may require a financial guarantee to ensure that the required buffer in put in
place and is maintained to Council's satisfaction.
39. Building Height
Council may permit the erection of buildings of a height greater than that specified in Schedule
C, but in such cases the building line setback and rear yard requirements shall be enlarged as
follows,
(1)
The building line setback shall be increased by 2 metres for every 1 metre increase in
height.
(2)
The rear yard depth shall not be less than the minimum building line setback calculated
as described in (1) above plus 6 metres.
40. Building Line Setback
(1)
Buildings must be setback from the street reservation in accordance with the standards
in the applicable use zone table in Schedule C of these Development Regulations.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 17
(2)
Notwithstanding 40 (1), Council may establish a building line setback to accommodate
infill development on an existing street to ensure that new buildings fit with the existing
development pattern and streetscape.
(3)
By resolution, Council may establish building lines on a proposed street within a
subdivision development and may require any new buildings to be located on those
building lines, whether such building lines conform to the standards set out in the tables
in Schedule C of these Regulations.
41.
Building Placement
The front wall of a building shall be parallel to the street on which it is fronting and has a civic
number unless otherwise approved by Council.
42.
Blueberry Management Unit
Any applications for development within the Blueberry Management Units identified on the
Land Use Zoning Map shall be referred to the Agriculture Branch, Department of Fisheries,
Forestry and Agriculture before a development permit can be issued.
43. Child-Care Services
Where permitted in an applicable use zone in Schedule C of these Development Regulations,
child-care services shall be subject to the following:
(1)
License from the Department of Education or an approved by a licensed child-care agency,
(2)
Provision for off-street parking in accordance with the off-street parking requirements, in
Schedule D of these Development Regulations; and
(3)
Any conditions that may be imposed by the Council to ensure that the child-care service
is compatible with the surrounding area.
44. Commercial Wood Harvesting and Silviculture
All commercial wood harvesting and silviculture activities require a permit issued by the Forestry
Branch, Department of Fisheries, Forestry and Agriculture.
45. Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have frontage on two
streets and shall be required to maintain the minimum building line setback on both the primary
and flanking streets as prescribed in the use zone table.
46.
Corner Lot Sight Triangle
On a corner lot, no fence, sign, hedge, shrub, bush or tree or any other structure or vegetation shall
be erected or permitted to grow to a height greater than 1 metre above grade of the street or in a
manner that obstructs visibility within a triangular area extending 6 metres along both streets from
the point of intersection on both streets.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 18
47.
Cottage Planning Area
Any application for development within the Cottage Planning Area identified on the Land Use
Zoning Map shall be referred to the Land Management Division, Crown Land Branch,
Department of Fisheries, Forestry and Agriculture before a development permit can be issued.
48.
Development Below the 4.0 Metre Contour
(1)
Where there is no established development pattern, structures and building shall not be
permitted below the 4.0 metre contour.
(2)
Where there is an established development pattern, an application for new land uses and
buildings, or the repair or extension of existing buildings or land uses, may be approved
subject to conditions imposed by Council.
49.
Domestic Harvesting Area
(1)
Any application for development within a Domestic Harvesting Area identified on the
Land Use Zoning Map shall be referred to the Forestry Branch, Department of Fisheries,
Forestry and Agriculture before a development permit can be issued.
(2)
All domestic wood cutting must be carried out in accordance with a permit issued by the
Forestry Branch, Department of Fisheries, Forestry and Agriculture.
50. Easements
(1)
Where land is required for a utility or infrastructure easement, the easement shall be
conveyed to the appropriate agency, company, or the Town prior to issuance of an
occupancy permit.
(2)
No permanent building shall be constructed over any known easement or right of way,
whether that easement or right of way has been assigned to the Town, the provincial or
federal government, a utility company, or Crown Land. Permanent buildings include, but
are not limited to, all dwellings and accessory buildings.
51. Emergency Access
Where Council requires land for an emergency access, the land shall be conveyed to the Town.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 19
52.
Endangered and Vulnerable Species
(1)
No development shall disturb, harass, injure, or kill a Red Crossbill which is an endangered
species under the provincial Endangered Species Act and the federal Species at Risk Act.
(2)
The habitat of the Rusty Blackbird, which is a species listed as vulnerable under the
provincial Endangered Species Act and of special concern under the federal Species at Risk
Act, shall be protected from development.
53.
Fronting on a Public Street
(1)
Except where specifically provided for in the Use Zone Tables in Schedule C of these
Development Regulations or in subsection (2), no assembly use, institutional use,
business and personal service use, mercantile use, industrial use, or residential use shall
be erected unless the lot on which it is situated fronts directly onto a street or has direct
access onto an internal street which forms part of a comprehensive development.
(2)
Parks, playgrounds and trails are not required to front onto a public street provided that
pedestrian and vehicle access is safe and the park, playground and/or trailhead is visible
from a public street.
54.
Geological Hazards
(1)
No development permit shall be issued for any land use or building within 30 metres of
the Harbour Grace Harbour or Bristol's Hope Cove, or within 30 metres of a cliff edge,
unless there is an established development pattern.
(2)
Where there is an established development pattern within 30 metres of the Harbour
Grace Harbour or Bristol's Hope Cove, or within 30 metres of a cliff edge, new land uses,
structures and buildings and the repair and extension of existing buildings and
development may be permitted subject to conditions mitigating risk from storm surges,
sea level rise and/or coastal erosion.
55. Group Home
A group home is permitted in any dwelling unit that is adequate in size to accommodate the
number of persons living in the group home, inclusive of staff, provided that in the opinion of
Council, the use of the dwelling unit does not materially differ from, nor adversely affect, the
amenities of the adjacent residences, or the neighbourhood in which it is located. Council may
require special access and safety features to be provided for the occupants before occupancy is
permitted.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 20
56. Heritage Buildings
(1)
The demolition of a municipally designated heritage building is subject to a permit from
the Town in accordance with the Harbour Grace Municipal Heritage Site Designation
Regulations.
(2)
Exterior renovations of a municipally designated heritage building are subject to a permit
from the Town in accordance with the Harbour Grace Municipal Heritage Site Designation
Regulations. Exterior renovations shall be guided by "The Standards and Guidelines for
the Conservation of Historic Places in Canada" prepared by Parks Canada.
(3)
Renovations to designated heritage buildings shall not remove, replace, or substantially
alter character defining elements.
(4)
Re-use of a provincially registered and/or municipally designated heritage building is
permitted in all zones provided that the proposed use is,
(a)
Residential, or
(b)
Tourism related in the form of short-term tourism accommodation, theatre, cultural
and civic, catering, micro-brewery, commercial residential, take-out, shop, indoor
market, convenience store, recreational open space, and conservation,
(c)
Compatible with the surrounding area in scale, traffic, and visual impact, and
(d)
Any renovations retain the heritage style and character defining elements of the
building and site.
57. Height Exceptions
The height requirements prescribed in Schedule C of these Development Regulations are waived
in the case of communication masts and antennae, flagpoles, water towers, spires, belfries, or
chimneys.
58.
Home-Based Businesses
Where permitted as a discretionary use in the applicable use zone table in Schedule C of these
Development Regulations, a home-based business may be operated in a dwelling, or in an
accessory building on the same lot, by the occupants of the dwelling. A home-based business
shall meet the following requirements:
(1)
The uses allowed as a home-based business shall be identified in the applicable use zone
table in Schedule C of these Development Regulations.
(2)
The use is clearly subsidiary to the residential use, does not alter the residential character
of the dwelling unit, and does not detract from the residential character of the
neighbourhood.
(3)
No wholesale sales or storage of goods is carried out, any retail sales are incidental and
subsidiary to the approved use, no repairs to vehicles or heavy equipment are carried out.
(4)
Activities associated with the use are not hazardous and do not cause noticeable noise,
odour, dust, fumes, or inconvenience to occupants of adjoining residences.
(5)
Activities associated with the use shall be carried on inside the dwelling or in a building
separate from the dwelling.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 21
(6)
One building only, separate from the dwelling, may be used in connection with a light
industrial use and service use and shall conform to the Accessory Buildings conditions
height and floor area limit for this zone.
(7)
No more than 30% of the total floor area of the dwelling is devoted to the use.
(8)
The use shall not generate traffic, parking, sewage or water use in excess of what is
normal in the residential area.
(9)
The residential lot has sufficient area to accommodate the parking requirements of the
dwelling unit and the home occupation.
(10) No regular parking of commercial vehicles except for one vehicle with a gross weight of
no greater than one tonne shall be permitted on the lot or on the street reservation
adjacent to the lot.
59.
Land Suitability
(1)
Development may only occur on suitable land.
(2)
No development shall be permitted on land with a slope greater than 15 percent unless
a study prepared by a qualified individual, such as an engineer or geoscientist licensed to
practice in the Province of Newfoundland Labrador.
(3)
No development shall be permitted on unstable land, land with poor drainage, land with
a highwater table, wetlands, or land subject to erosion or flooding unless a study prepared
by a qualified engineer or geoscientist licensed to practice in the Provincial of
Newfoundland Labrador.
(4)
The study shall address site grading, drainage, and landscaping and identify the potential
of the development of being impacted by, or causing, erosion or flooding to adjacent
properties. The study shall propose mitigation measures which may include site grading,
drainage easements, flood proofing or other actions.
(5)
Council may impose conditions to mitigate site hazards and any potential impacts on
neighbouring properties, Town land and/or infrastructure.
60. Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be erected or used
unless it complies with the following requirements:
(a)
The structure shall be at least 600 metres from a dwelling (except a farm dwelling),
a dwelling which is a non-conforming use in any zone in which agriculture is a
permitted use class in the Use Zone Tables in Schedule C of these Regulations, from
any area zoned Residential.
(b)
The structure shall be at least 60 metres from the boundary of the property on
which it is to be erected.
(c)
The structure shall be at least 90 metres from the centre line of a street.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 22
(d)
The erection of the structure shall be approved by the Department of Fisheries,
Forestry and Agriculture and the Department of Environment and Climate Change.
(2)
No dwelling shall be permitted within 600 metres of an existing structure designed to
contain more than five animal units unless the development is first approved by the
Department of Fisheries, Forestry and Agriculture.
61.
Infilling Within 15 metres of a Body of Water
No development permit shall be issued for any development involving infilling within 15 metres
of a body of water unless a permit has been issued by the Water Resources Management
Division, Department of Environment and Climate Change.
62.
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 Development Regulations for the zone in which such lot is located.
(2)
Where any part of a lot is required by these Development Regulations to be reserved as a
yard, it shall continue to be so used regardless of any change in the ownership of the lot
or any part thereof and shall not be deemed to form part of an adjacent lot for the purpose
of computing the area thereof available for building purposes.
63.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Development Regulations, one or more lots
already exist in the 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 Development Regulations,
then these Development Regulations shall not prevent the issuing of a permit by Council 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 Development
Regulations in the Residential use zone table.
64.
Mineral Workings, Mining and Mineral Exploration
(1)
Any development proposed to take place within
(a)
50 metres of a mineral working operation or mining lease,
(b)
300 metres of an operational mineral working or mine, or
(c)
1000 meters of a mineral working or mine in which blasting may take place,
must be referred to the Mineral Lands Division, Department of Industry, Energy and
Technology.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 23
(2)
Any development involving mineral working, mining or mineral exploration must obtain
approval from the Mineral Lands Division, Department of Industry, Energy and
Technology.
(3)
Mineral Working and mining shall comply with the terms and conditions of a permit
and/or license issued by the Mineral Lands Division, Department of Industry, Energy and
Technology.
(4)
All blasting activities shall be carried out in accordance with Occupational Health and
Safety Act and regulations made under that Act.
(5)
A mineral working or mine shall be located a minimum of
(a)
300 metres from the Residential zone or a dwelling unit,
(b)
1000 metres from the Residential zone or a dwelling unit if blasting is to
occur,
(c)
50 metres from the Mixed Development, Town Centre, Heritage, Commercial,
Public Use, Open Space Recreation, Open Space Recreation Park, Protected Water
Supply and Cottage Control zones,
(d)
30 metres from any street, and
(e)
50 metres from any water body, water course or wetland.
(6)
Council may permit a washing and screening plant, crusher, concrete batch plant and
similar mineral working processing activities as a mineral working or mining use provide
that the use shall not significantly affect surrounding land uses by reasons of noise,
vibration, fumes, dust, odour, water drainage, unsightly storage of materials or general
appearance.
(7)
An undisturbed buffer of 30 metres shall be maintained between the final perimeter of
the mineral working or mine and the lot boundary.
(8)
Where a proposed mineral working or mine is located in the vicinity of a public street,
Council may require screening to obstruct the visibility of the site.
(9)
All topsoil and organic material shall be stockpiled for future rehabilitation of the site.
(10) No mineral working or mine shall create excessive drainage or erosion affecting adjacent
land or into water bodies, water courses or wetlands.
(11) No mineral working or mine shall cause the accumulation or ponding of water in any part
of the site.
(12) The mineral working and mine shall be kept clean of refuse, abandoned vehicles,
abandoned machinery and equipment, and derelict buildings.
(13) Upon abandonment of a mineral working or mine, the owner shall,
Harbour Grace Development Regulations
Plan-Tech Environment
Page 24
(a)
Removal all buildings, machinery and equipment,
(b)
Grade all slopes to a slope less than 60 percent,
(c)
Rehabilitate the entire excavated area with stockpiled topsoil and organic material,
(d)
Close, bar and decommission the access road, and
(e)
Comply with any conditions imposed by Council.
65.
Non-Domestic Water Use
No development permit shall be issued for an application involving non-domestic water use
from any water source unless a license from the Water Resources Management Division,
Department of Environment and Climate Change is provided to the Town.
66. 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 approved by Council.
67.
Off-Street Parking Requirements
(1)
For every building, structure or use to be erected, enlarged, or established, there shall be
provided and maintained a quantity of off-street parking spaces sufficient to ensure that
the flow of traffic on adjacent streets is not impeded by the on-street parking of vehicles
associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of occupancy
shall conform to the standards set out in Schedule D of these Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings, shall be made
accessible by means of a hard surfaced right-of-way at least 3 metres in width. Parking
required in the 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 any 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 metres distant from the use
concerned.
(4)
The parking facilities required by these Development 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 parking facilities for more than four vehicles are required or permitted,
Harbour Grace Development Regulations
Plan-Tech Environment
Page 25
(a)
parking space shall mean an area of land, not less than 15 square metres size,
capable of being used for the parking of a vehicle without the need to move other
vehicles on adjacent areas,
(b)
the parking area shall be constructed and maintained to the specifications of
Council,
(c)
the lights used for illumination of the parking area shall be so arranged as to divert
the light away from adjacent development,
(d)
a structure, not more than 3 metres in height and more than 5 square metres in
area may be erected in the parking area for the use of attendants in the area,
(e)
except in zones in which a service station is a permitted use, no gasoline pump or
other service station equipment shall be located or maintained on a parking area,
(f)
no part of any off-street parking area shall be closer than 1.5 metres to the front
lot line in any zone,
(g)
access to parking areas in non-residential zones shall not be by way of residential
zones,
(h)
where a parking area is in or abuts a residential zone, a natural or structural barrier
at least 1 m in height shall be erected and maintained along all lot lines,
(6)
Where, in the opinion of Council, strict application of the above parking requirements is
impractical or undesirable, Council may as a condition of a permit require the developer
to pay a service levy in accordance with these Development Regulations in lieu of the
provision of a parking area, and the full amount of the levy charged shall be used by
Council for the provision and upkeep of alternative parking facilities within the general
vicinity of the development.
68.
Off-Street Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or established requiring the
shipping, loading or unloading of animals, goods, wares or merchandise, there shall be
provided and maintained for the premises loading facilities on land that is not part of a
street comprised of one or more loading spaces, 15 metres long, 4 metres wide, and
having a vertical clearance of at least 4 metres with direct access to a street or with access
by a driveway of a minimum width of 6 metres to a street.
(2) The number of loading spaces to be provided shall be determined by Council.
(3)
The loading facilities required by these Development 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.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 26
69.
On-Site Sewerage Disposal
(1)
An on-site sewerage disposal system shall be located at minimum of 30 metres from a
waterbody, wetland, or water course.
(2)
Approval for an on-site sewerage disposal system issued by the Government Service
Centre, Department of Digital Government and Service NL must be provided to the Town
before the Town shall issue a development permit.
70.
Preservation of Trees
(1)
Mature trees shall be preserved where possible.
(2)
Mature trees shall only be removed if it is:
(a)
dangerous because of age, disease, or proximity to an existing building,
(b)
overcrowded,
(c)
unduly inhibit light and air circulation, or
(d)
inhibit construction.
(3)
Council may require trees to be replaced or enhanced landscaping as a condition of a
development permit.
71.
Private Wellhead Protection Area
(1)
No development shall be permitted within the private wellhead protection area shown
on the Land Use Zoning Map.
(2)
No storage or use of any potential contaminates, or the spread of fertilizer or pesticides,
is permitted with 100 metres of a private wellhead.
72.
Protected Street, Route 75
(1)
All development within 100 metres of the centreline of Veteran's Memorial Drive (Route
75) requires a permit under the Protected Street Zoning Regulations.
(2)
A permit from the Government Service Centre, Department of Digital Government and
Service NL must be provided to the Town before the Town shall issue a development
permit.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 27
73.
Public Wellhead Protection Area
(1)
No development shall be permitted within the public wellhead protection area shown on
the Land Use Zoning Map.
(2)
No storage or use of any potential contaminates, or the spread of fertilizer or pesticides,
is permitted with 100 metres of a public wellhead.
(3)
Any activities within the public wellhead protection area require a permit from the Water
Resources Management Division, Department of Environment and Climate Change.
(4)
Council shall determine whether the well has sufficient capacity to accommodate new
development and, where it does, the development shall be connected to the well.
74. Parks, Playgrounds, Trails, and Conservation Uses
Nothing in these Regulations shall prevent the establishment of parks, playgrounds and trails or
the development of conservation uses in any zone provided that such uses are not located in
areas which may be hazardous and are not operated for commercial purposes.
75.
Screening and Landscaping
Council may, in the case of existing unsightly development, order the owner or occupier to
provide adequate and suitable landscaping or screening and may require the submission of an
application giving details of the landscaping or screening, and these Development Regulations
shall then apply to that application. The provision of adequate and suitable landscaping or
screening may be made a condition of any development permit where, in the opinion of Council,
the landscaping or screening is desirable to preserve amenity or protect the environment.
76.
Streets, Services and Public Utilities
Streets, public services, and public utilities are permitted in all use zones provided Council is
satisfied that it is necessary to the proper operation of a land use, the public service or public
utility .
77.
Service Stations
An application for a service station shall meet the following requirements:
(1)
All gasoline pumps shall be located on pump islands designed for such purpose, and to
which automobiles may gain access from either side.
(2)
Pump islands shall be set back at least 4 metres from the front lot line.
(3)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and where a
service station is located on a corner lot, the minimum distance between an access and
Harbour Grace Development Regulations
Plan-Tech Environment
Page 28
the intersection of street lines at the junction shall be 10 metres and the lot line between
entrances shall be clearly indicated.
78.
Sewer and Water Connection and Extensions
(1)
Development must connect to municipal water and sewer services where available at the
expense of the owner or developer.
(2)
Council shall require connection in areas within 50 metres of existing municipal services.
(3)
Council shall exercise discretion to determine the extent of water and sewer services in
areas beyond 50 metres of existing services.
(4)
Any installation and/or extension of municipal sewer and water mains is the responsibility
of the applicant and must be constructed in accordance with engineering drawings
prepared by a professional engineer in good standing with the Professional Engineers and
Geoscientist of Newfoundland Labrador.
(5)
The sewer and water main must be designed in accordance with the "Newfoundland and
Labrador Guidelines for the Design, Construction and Operation of Water and Sewerage
Systems".
(6)
Approval from the Department of Environment and Climate Change is required before a
development permit for the sewer and water main installation is issued by the Town.
79.
Shore Water Zones
(1)
No development shall be permitted in a shore water zone without a permit issued by the
Water Resources Management Division, Department of Environment and Climate
Change.
(2)
Any development shall comply with the requirements of the applicable zone shown on
the Land Use Zoning Map and the Department of Environment and Climate Change
"Policy for Development in Shore Water Zones".
80.
Side Yards
A side yard which shall be kept clear of obstruction shall be provided on the exposed sides of
every building in order to provide access for the maintenance of that building.
81.
Stormwater Management
(1)
Where possible, development shall be designed on the basis of zero net run-off.
(2)
No run-off from a development shall negatively impact adjoining properties.
(3)
Any improvements to Town infrastructure to accommodate storm water shall be at the
expense of the applicant. Council may impose a service levy or require a financial
guarantee to ensure that Town infrastructure has the capacity to manage stormwater
from a development.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 29
82.
Stewardship Conservation Areas
Any application for development in Stewardship Conservation Areas shown on the Land Use
Zoning Map shall be referred to the Wildlife Division, Department of Fisheries, Forestry and
Agriculture.
83.
Survey Control Markers
(1)
Any application for development in the vicinity of a survey control marker shall be
referred to the GIS and Mapping Division, Department of Fisheries, Forestry and
Agriculture.
(2)
Any disturbance of a survey control marker shall be referred to the GIS and Mapping
Division, Department of Fisheries, Forestry and Agriculture.
84.
Street Reservation and Street Standards
(1)
A new street or street extension may not be constructed except in accordance with and
to the design and specifications laid down by Council. A subdivision development shall
meet the standards set out in Part IV of these Development Regulations. All new streets
and street extensions shall be constructed as the expensive of the owner or developer.
(2)
All new streets and street extensions shall be designed and certified by a professional
engineer who is a member in good standing of the Professional Engineers and
Geoscientists Newfoundland Labrador.
(3)
All new streets and street extensions shall have a reservation of 15 metres except for
arterial and collector streets which shall meet the street reservation standard set out in
Regulation 113 (9) of these Development Regulations.
(4)
All new streets shall be constructed to the standards set out in Regulation 113 of these
Development Regulations.
(5)
Street extensions shall be finished with the same surface of the existing road and shall
have a driving surface which meets the standards set out in Regulation 113 (9) of these
Development Regulations.
(6)
A street extension shall be a minimum of 23 metres beyond the last driveway on the road
extension.
(7)
Driveway culverts shall be installed to Council standards at the expensive of the owner or
developer.
(8)
Council may require the construction of ditches on both side of the street at the expense
of the owner or developer. Ditches shall be constructed to Council standards.
(9)
The Town shall not accept any new street or street extension as a public street unless,
(a)
the street or street extension has received a development permit;
Harbour Grace Development Regulations
Plan-Tech Environment
Page 30
(b)
the street or street extension has received approval from the Town's engineer that
it has been constructed to Town standards;
(c)
the developer transfers to Council, at no cost to Council, and clear of all liens and
encumbrances all lands in the street reservation.
(10)
Council shall not provide maintenance for any street, service, or public work until such
time as such street, service or public work has been transferred to and accepted by
Council.
85.
Subsidiary Apartments
(1)
Subsidiary apartments are permitted in single dwellings only.
(2)
Only one subsidiary apartment shall be permitted in a single dwelling.
(3)
A subsidiary apartment shall be an independent dwelling unit providing living, sleeping,
eating, cooking and sanitation facilities.
(4)
For calculating lot area and yard requirements, the subsidiary apartment shall be
considered part of the single dwelling.
(5)
For lots without municipal water and sewer services, the Service NL shall determine water
and sewerage disposal requirements and a permit shall be issued subject to its approval.
86. Tourism Accommodation
All development providing tourism accommodation shall be registered in accordance with the
Tourism Accommodation Act.
87.
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.
88.
Urban Agriculture
(1)
Urban agriculture may be permitted, as a discretionary use, in all land use zones.
(2)
Council shall ensure that the urban agriculture use is compatible with the surrounding
area and takes place on a lot sufficient in size to accommodate the proposed use.
(3)
Council may exercise its discretion to limit the number or type of poultry and livestock
being kept on-site to reduce any potential negative impacts on surrounding properties.
(4)
Council may exercise its discretion to place limitations on the sale of eggs, meat, manure,
or other agricultural products to ensure that the urban agriculture use occurs at a scale
that is appropriate to the site and surrounding area.
(5)
Council shall ensure that the urban agriculture use shall be nuisance free and the
surrounding property owners shall not be negatively impacted. Council may impose
Harbour Grace Development Regulations
Plan-Tech Environment
Page 31
conditions to minimize any potential impacts on surrounding property owners and/or the
environment.
(6)
Any structures and buildings associated with an urban agriculture use shall be considered
an accessory building and must comply with the accessory building requirements
including in the overall calculation of the maximum combined floor area of accessory
buildings on a lot applicable to the zone in which the urban agriculture use is located.
(7)
All structures and buildings association with an urban agricultural use, including
greenhouses, shall be located a minimum of 3 metres from the nearest part of the main
building and a minimum of 3 metre from a side and rear lot line.
(8)
The applicant shall comply with the environmental guidelines for livestock, poultry and
horticulture producers, issued by Newfoundland and Labrador Agriculture.
(9)
No structure or building associated with an urban agricultural use, including greenhouses,
shall be located in front of the dwelling located on a residential lot.
(11) No new dwelling unit shall be permitted as an accessory use to an urban agriculture use
in the Public Buildings Zone, Commercial General Zone, Industrial General Zone, Open
Space Recreation Zone, Open Space Recreation Park Zone, Environmental Protection
Zone, Protected Public Water Supply Zone, the Cottage Control Zone, the Commercial
General Zone, and the Transportation Highway Zone.
(12) No dwelling unit shall be permitted as an accessory use to an urban agriculture use in the
Rural zone unless the urban agriculture use is classified as a commercial farm by the
Agriculture Branch, Department of Fisheries, Forestry and Agriculture, has been in
operation for at least 3 years and the farm dwelling has been approved by the Agriculture
Branch, Department of Fisheries, Forestry and Agriculture.
89.
Uses Permitted or Discretionary in all Zones
(1)
Conservation, recreational open space, trails, and antenna are permitted in all zones
provided that:
(a)
Recreational open space and trails must not conflict with surrounding land uses,
(b)
Recreational open space and trailheads must provide off-street parking in
accordance with Schedule D, and
(c)
Conservation, recreational open space and trails comply with Regulation 73.
(2)
Wharves, boathouses, slipways and breakwaters are permitted in all zones subject to
compliance with "Guidelines for the Construction of Wharves, Breakwaters, Slipways and
Boathouses" developed by the Water Resources Management Division, Department of
Environment and Climate Change subject to restrictions and conditions set out in the
applicable use zone table in Schedule C.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 32
(3)
Antenna are permitted in all zones provided that the applicant consults with Council with
respect to site selection and compatibility with existing land uses, completes the
Innovation, Science and Economic Development Canada public consultation process and
provides Council with details of any mitigation measures that address local concerns.
(4)
Mineral exploration is a discretionary use in all zones subject to the following conditions:
(a)
A permit is issued by the Mines Branch, Department of Industry, Energy and
Technology.
(b)
Any ground disturbance is remediated to Council's satisfaction.
(c)
Any accesses are removed or barred to prevent further use once the exploration
activities are completed.
(d)
Mineral exploration may be subject to conditions to control noise, appearance,
street construction, ground disturbance, duration of the exploration activity, hours
of operations and other measures to minimize impact on residential uses, assembly
use, institutional use, business and personal service use, mercantile use,
recreational open space use, conservation use, protected water supply, public and
private wellheads and water courses, water bodies, wetlands, steep slopes and
other environmentally sensitive features.
(e)
Mineral exploration that is not classed as development is allowed anywhere in the
Municipal Planning Area with adequate notification to Council.
90.
Water Course and Water Body Buffer
(1)
No development shall be permitted within 15 metres of the high-water mark of rivers or
streams, or within 15 metres of the shoreline of ponds or wetlands, with the exception of
conservation structures such as those designed to control flooding and erosion, the
construction of ditches, streets, culverts, bridges, trails, transmission lines or other
utilities, or trails and recreational open uses.
(2)
Development of marine or water related uses such as wharfs, slipways, boathouse,
breakwaters and docks may be permitted within 15-metres of a water body or water
course subject to approval from Crown Land.
(3)
Any infilling shall require approval from the Water Resources Management, Department
of Environment and Climate Change.
91.
Wetland Protection
(1)
No development involving infilling, drainage, dredging, channelization, removal of
vegetation, soil or organic cover of wetlands which could aggravate flooding or adverse
water quality, water quality or hydrological impacts shall be permitted.
(2)
Development affecting wetlands must be approved by the Water Resources Management
Division, Department of Environment and Climate Change.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 33
92.
Wind Energy Land Reserve
No development shall be permitted within the Wind Energy Land Reserve without written
approval from the Crown Lands Branch, Department of Fisheries, Forestry and Agriculture.
93.
Zero Lot Line and Other Comprehensive Development
Council may, at its discretion, approve the erection of dwellings which are designed to form part
of a zero lot line development or other comprehensive layout which does not, with the
exception of dwelling unit floor area, meet the requirements of the Use Zone Table in Schedule
C, provided that the dwellings are designed to provide both privacy and reasonable access to
natural daylight and the overall density within the layout conforms to the regulations and
standards set out in the Use Zone Table apply where the layout adjoins other development.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 34
PART IV - ADVERTISEMENTS
94.
Permit Required
(1)
No advertisement shall be erected or displayed in the Municipal Planning Area unless a
development permit for the advertisement is first obtained from Council.
(2)
A development permit for erection or display of advertisement within 100 metres from the
highway centre line on Provincial Highways shall be obtain from the Government Service
Centre, Department of Digital Government and Service NL.
(3)
All signs within 100 metres from the highway centre of a provincial highway shall conform to
the requirements of the Highway Sign Regulations, 1999.
95.
Form of Application
Application for a permit to erect or display an advertisement shall be made to Council in accordance
with Regulation 17.
96.
Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any highway or
street reservation.
97.
Permit Valid for Limited Period
A development permit granted under these Development Regulations for the erection or display of
an advertisement shall be for a limited period, not exceeding two years, but may be renewed at the
discretion of Council for similar periods.
98.
Removal of Advertisements
Notwithstanding the provisions of these Development Regulations, Council may require the
removal of any advertisement which, in its opinion, is,
(1)
hazardous to street traffic by reason of its siting, colour, illumination, or structural, condition,
or,
(2)
detrimental to the amenities of the surrounding area.
99.
Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without application
to Council,
(1)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 square
metres in area,
(2)
on an agricultural holding or farm, a notice board not exceeding 1 square metres in area and
relating to the operations being conducted on the land,
Harbour Grace Development Regulations
Plan-Tech Environment
Page 35
(3)
on land used for forestry purposes, signs or notices not exceeding 1 square metres in area
and relating to forestry operations or the location of logging operations conducted on the
land,
(4)
on land used for mining or quarrying operations, a notice board not exceeding 1 square
metres in area relating to the operation conducted on the land,
(5)
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 square
metres in area in connection with the practice of a professional person carried on in the
premises,
(6)
on any site occupied by a church, school, library, art gallery, museum, institution, or
cemetery, one notice board not exceeding 1 square metres in area,
(7)
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 metres, whichever is the lesser,
(8)
on any parking lot directional signs and one sign not exceeding 1 square metres in size,
identifying the parking lot.
100. Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply with the
appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these
Regulations.
101. Non-Conforming Uses
Notwithstanding the provisions of Regulation 26, a permit may be issued for the erection or display
of advertisements on a building or within the courtyard of a building or on a parcel of land, the use
of which is a non-conforming use, provided that the advertisement does not exceed the size and
type of advertisement which could be permitted if the development was in a Use Zone appropriate
to its use, and subject to any other conditions deemed appropriate by Council.
102. Informational Wayfaring Signs
Informational wayfaring signs erected by Council, or a community organization with the approval
of Council, are permitted in all zones but cannot be located within 100 metres of the centreline of
Route 70, Route 75 or any other provincial highway in the Municipal Planning Area.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 36
PART IV - SUBDIVISION OF LAND
103. Permit Required
(1)
No land in the Municipal Planning Area shall be subdivided unless a development permit is
obtained from Council. Any lot created by subdivision must meet the lot standards for
frontage and lot area for the applicable use zone table.
(2)
No development of a residential, commercial, industrial, or other or other subdivision or a
comprehensive development may occur unless a development permit is obtained from
Council.
104. Application
The application shall be accompanied by the following,
(1)
a legal survey of the subject property,
(2)
a preliminary site plan showing the proposed development which shall include, but not
limited to, street and lot layout, identification of services and connections, water courses and
wetlands, open space, utilities and street connections prepared and stamped by a
professional engineer licensed to practice in Newfoundland Labrador, and
(3)
assessment of site suitability including the identification of slopes greater than 15 percent,
unstable land, land subject to poor drainage, land with a highwater table, land subject to
erosion or flooding or other site hazards.
105. Services to be Provided
No development permit shall be issued for the development of a residential, commercial, industrial,
or other subdivision or a comprehensive development unless provisions satisfactory to Council 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.
106. Payment of Service Levies and Other Charges
No development permit shall be issued for the development of a subdivision until agreement has
been reached for the payment of all fees levied by Council 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 Regulations 13 and 14.
107. Issue of Development Permit Subject to Considerations
A development permit shall not be issued when, in the opinion of Council, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not demonstrate
Harbour Grace Development Regulations
Plan-Tech Environment
Page 37
sound design principles. In considering an application, Council shall, without limiting the generality
of the foregoing, consider,
(1)
the location of the land,
(2)
the availability of and the demand created for schools, services, and utilities,
(3)
the provisions of the Plan and Regulations affecting the site,
(4)
the land use, physical form, and character of adjacent developments,
(5)
the transportation network and traffic densities affecting the site,
(6)
the relationship of the project to existing or potential sources of nuisance,
(7)
soil and subsoil characteristics,
(8)
the topography of the site and its drainage,
(9)
natural features such as lakes, streams, topsoil, trees, and shrubs,
(10) prevailing winds,
(11) visual quality,
(12) community facilities,
(13) energy conservation, and
(14) such other matters as may affect the proposed development.
108. Groundwater Assessment
A groundwater assessment report, approved by the Water Resources Management Division,
Department of Environment and Climate Change shall be required for new subdivisions consisting
of five or more lots served by private wells before Council shall issue a development permit. The
groundwater assessment report must be prepared in accordance with the "Groundwater Supply
Assessment and Reporting Guidelines for Subdivisions serviced by Individual Private Wells".
109. Building Permits Required
Notwithstanding the approval of a subdivision by Council, a separate building permit shall be
obtained for each building proposed to be erected in the subdivision. 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.
110. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the
Zoning Maps.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 38
111. Building Lines
Council may establish building lines for any subdivision street and require any new building to be
located on such building lines.
112. Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate to Council, at no
cost to Council, an area of land equivalent to not more than 10% of the gross area of the
subdivision for public open space.
(2)
Where land is subdivided for any purpose other than residential use, Council shall determine
the percentage of land to be dedicated,
(3)
If, in the opinion of Council, no public open space is required, the land may be used for such
other public use as Council may determine,
(4)
The location and suitability of any land dedicated under the provisions of these Development
Regulation shall be subject to the approval of Council but in any case, Council shall not accept
land which, in its opinion is incapable of development for any purpose,
(5)
Council 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,
(6)
Money received by Council in accordance with Regulation 103 (5) above, shall be reserved
by Council for the purpose of the acquisition or development of land for public open space
or other public purpose.
(7)
Land dedicated for public use in accordance with this Regulation shall be conveyed to Council
and may be sold or leased by Council 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.
(8)
Council 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 Council, constitute the
requirement of land for public use under Regulation 103 (1).
113. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole, telegraph or
telephone pole, fire hydrant, mailbox, fire alarm, signpost) shall receive the prior approval of Council
which shall be satisfied on the question of safe construction and relationship to the adjoining
buildings and other structures within the street reservation.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 39
114. Subdivision Development Standards
No permit shall be issued for a subdivision development the site design conforms to the following
standards:
(1)
The finished grade of streets shall not exceed 10 percent.
(2)
New subdivisions shall have street connections with an existing street or streets.
(3)
Every cul de sac shall be provided with a turning circle of a diameter of not less than 30
metres.
(4)
The maximum length of any cul de sac shall be,
(a)
250 metres in areas served by or planned to be served by municipal piped water and
sewer services, or
(b)
300 metres in areas not served by or planned to be served by municipal piped water
and sewer services.
(5)
The length of a cul de sac shall be measured from the middle of the street intersection to the
top of the turning circle.
(6)
Where required by Council, an emergency vehicle access to a cul de sac shall be not less than
3 metres 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 terminate a collector street.
(6)
All street intersections shall be constructed within 5° of a right angle and this alignment shall
be maintained for 30 metres from the intersection.
(7)
No street intersection shall be closer than 60 metres to any other street intersection.
(a)
No more than four streets shall join at any street intersection.
(8)
No residential street block shall be longer than 490 metres between street intersections.
Streets in residential subdivisions shall be designed in accordance with the approved
standards of Council, but in the absence of such standards, shall conform to the following
minimum standards,
Type of Street
Street
Reservation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Arterial Streets
30m
15m
1.5m
2
Collector Streets
20m
15m
1.5m
2
Local Streets
15m
9m
1.5m
1
Service Streets
15m
9m
1.5m
1
(9)
No lot intended for residential purposes shall have a depth exceeding four times the frontage.
(10) Residential lots shall not be permitted which abut a local street at both front and rear lot lines.
(11) Council may require any existing natural, historical or architectural feature or part thereof to
be retained when a subdivision is developed.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 40
(12) Land shall not be subdivided in such a manner as to prejudice the development of adjoining
land.
115. 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 Council to service the area proposed to be developed or
subdivided shall be designed and prepared by or approved by the Town's Engineer. Such
designs and specifications shall, upon approval by Council, be incorporated in the plan of
subdivision.
(2)
Upon approval by Council of the proposed subdivision, the Town's 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 Town's Engineer, of all such water mains, hydrants, sanitary sewers and
all appurtenances and of all such streets and other works deemed necessary by Council to
service the said area.
116. Developer to Pay Engineer's Fees and Charges
The developer shall pay to Council 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 recommended by the Professional Engineers and Geoscientists
Newfoundland & Labrador (PEGNL) and in effect at the time the work is carried out.
117. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and paving
specified by Council as being necessary, may, at Council's discretion, be deferred until a later stage
of the work on the development of the subdivision but the developer shall deposit with Council
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, Council 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 Council the
amount of the excess. If the contract price is less than the deposit, Council shall refund the amount
by which the deposit exceeds the contract price. Any amount so deposited with Council 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.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 41
118. Transfer of Streets and Utilities to Council
(1)
The developer shall, following the approval of the subdivision of land and upon request of
Council, transfer to Council, at no cost to Council, 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 Council 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 and sanitary
an storm drainage systems installed in the subdivision that are normally owned and
operated by Council.
(2)
Before Council 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)
Council 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 Council.
119. 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 Council 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.
120. Lot Grading
(1)
Subdivision design and lot layout shall take into consideration natural topography and
stormwater drainage.
(2)
Drainage design shall not create flooding or result in excessive stormwater flow on adjoining
lots, Town land or infrastructure.
(3)
Retaining walls shall be avoided where possible and grading plans shall take into
consideration the difference in elevation on adjoining lots
(4)
Council may require a drainage easement to be constructed and conveyed to the Town.
121. 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 Council, shall not be changed without written
application to and subsequent approval of Council.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 42
122. Open Space
(1)
All open space to be conveyed to the Town shall be graded with suitable fill material in
accordance with the approved plan of subdivision.
(2)
Minimum landscaping of open space shall be topsoil and grass sods or hydro seed and must
be completed prior to the conveyance to the Town.
(3)
All trails shall be developed to Council's standards.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 43
PART VI - USE ZONES
123. Use Zones
(1)
For the purpose of these Development Regulations, the Municipal Planning Area is divided
into Use Zones which are shown on the Land Use Zoning Map attached to and forming part
of these Regulations.
(2)
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, Council may in its discretion, determine the standards,
requirements and conditions which shall apply.
124. 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 Council in accordance with the classification and examples set out in Schedule B.
125. Permitted Uses
Subject to these Development 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 Council in that Use Zone.
126. Discretionary Uses
Subject to these Development 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 Council
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 Council has given notice of the application in accordance with
Regulation 27 and has considered any objections or representations which may have been received
on the matter.
127. 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. Those uses
that are listed as prohibited uses in the appropriate Use Zone Tables in Scheduled C, shall not be
permitted in that Use Zone.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 44
Harbour Grace Development Regulations
Plan-Tech Environment
Page 45
NEWFOUNDLAND REGULATION 3/01
Development Regulations under the Urban and Rural Planning Act, 2000.
(Filed January 2, 2001)
Under Council of section 36 of the Urban and Rural Planning Act, 2000, I make the following regulations.
Dated at St. John's, January 2, 2001.
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non-conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
1. Short title
These regulations may be cited as the Development Regulations.
2. Definitions
In these regulations,
(a)
"Act", unless the context indicate otherwise, means the Urban and Rural Planning
Act, 2000;
(b)
"applicant" means a person who has applied to an Council for an approval or
permit to carry out a development;
Harbour Grace Development Regulations
Plan-Tech Environment
Page 46
(c)
"Council" means a council, authorized administrator or regional Council; and
(d)
"development regulations" means these regulations and regulations and by-
laws respecting development that have been enacted by the relevant Council.
3. Application
(1)
These regulations shall be included in the development regulations of a Council and shall
apply to all planning areas.
(2)
Where there is a conflict between these regulations and development regulations or
other regulations of a Council, these regulations shall apply.
(3)
Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
4. Interpretation
(1)
In development regulations and other regulations made with respect to a planning area
the following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from a street to adjacent or nearby land or to go from that
land to the street,
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, located on the
same lot as the main building to which it is an accessory and which has a
use that is customarily incidental or complementary to the main use of
the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming
pools, greenhouses, cold frames, fuel sheds, vegetables storage cellars,
shelters for domestic pets or radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks.
(c)
"accessory use" means a use that is subsidiary to a permitted or discretionary use
and that is customarily expected to occur with the permitted or discretionary use;
(d)
"building height" means the vertical distance, measured in metres from the
established grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or
gambrel roof, and in any case, a building height shall not include
mechanical structure, smokestacks, steeples and purely ornamental
structures above a roof;
(e)
"building line" means a line established by an Council that runs parallel to a street
line and is set at the closest point to a street that a building may be placed;
(f)
"discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an Council's development regulations;
(g) "established grade" means,
Harbour Grace Development Regulations
Plan-Tech Environment
Page 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;
(iii)
"floor area" means the total area of all floors in a building measured to
the outside face of exterior walls;
(iv)
"frontage" means the horizontal distance between side lot lines
measured at the building line;
(v)
"lot" means a plot, tract or parcel of land which can be considered as a
unit of land for a particular use or building;
(vi)
"lot area" means the total horizontal area within the lines of the lot;
(vii)
"lot coverage" means the combined area of all building on a lot measured
at the level of the lowest floor above the established grade and expressed
as a percentage of the total area of the lot;
(viii)
"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;
(ix)
"owner" means a person or an organization of persons owning or having
the legal right to use the land under consideration;
(x)
"permitted use" means a use that is listed within the permitted use
classes set out in the use zone tables of an Council's development
regulations;
(xi)
"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 Council
specifies as not permitted within a use zone;
(xii)
"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;
(xiii)
"rear yard depth" means the distance between the rear lot line and the
rear wall of the main building on a lot;
(xiv)
"side yard depth" means the distance between the side lot line and the
nearest side wall of a building on the lot;
(xv)
"street" means a street, street, highway or other way designed for the
passage of vehicles and pedestrians and which is accessible by fire
department and other emergency vehicles;
(xvi)
"street line" means the edge of a street reservation as defined by Council
having jurisdiction;
(xvii)
"use" means a building or activity situated on a lot or a development
permitted on a lot;
(xviii) "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;
Harbour Grace Development Regulations
Plan-Tech Environment
Page 48
(xix)
"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 Council's regulations;
and
(xx)
"zoning map" means the map or maps attached to and forming a part of
Council's regulations.
(2)
An Council may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in Council's regulations as
discretionary, permitted or prohibited uses for that area.
5. Notice of right to appeal
Where a Council makes a decision that may be appealed under section 42 of the Act, that Council
shall, in writing, at the time of making that decision, notify the person to whom the decision
applies of the,
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
6. Appeal requirements
(1)
The secretary of the board at the Department of Municipal and Provincial Affairs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., A1B 4J6 is the
secretary to all boards in the province and an appeal filed with that secretary within the
time period referred to in subsection 42(4) of the Act shall be considered to have been
filed with the appropriate board.
(2)
Notwithstanding subsection (1), where the City of Corner Brook, City of Mount Pearl or
City of St. John's appoints an appeal board under subsection 40(2) of the Act, an appeal
shall be filed with the secretary of that appointed board.
(3)
The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or (2)
within the 14 days referred to in subsection 42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection 44(3) of the
Act, retain the fee paid to the board.
(5)
Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall
be considered to have been forfeited.
7. Appeal registration
(1)
Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 6(1) and (2), shall immediately register
the appeal.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 49
(2)
Where an appeal has been registered the secretary of the board shall notify the
appropriate Council of the appeal and shall provide to Council a copy of the appeal and
the documentation related to the appeal.
(3)
Where an Council has been notified of an appeal that Council shall forward to the
appropriate board a copy of the application being appealed, all correspondence, council
minutes, plans and other relevant information relating to the appeal including the names
and addresses of the applicant and other interested persons of whom Council has
knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board shall
publish in a newspaper circulated in the area of the appropriate Council, a notice that the
appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks before
the date upon which the appeal is to be heard by the board.
8. Development prohibited
(1)
Immediately upon notice of the registration of an appeal the appropriate Council shall
ensure that any development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to an Council acting under subsection (1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, an Council shall not carry out work related to the matter
being appealed.
9. Hearing notice and meetings
(1)
A board shall notify the appellant, applicant, Council and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days
before the date scheduled for the hearing of the appeal.
(2)
A board may meet as often as is necessary to conduct its work in an expeditious manner.
10. Hearing of evidence
(1)
A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9(1) or their representative may appear before
the board and make representations with respect to the matter being appealed.
(2)
A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as
evidence directly provided at the hearing of the board.
(4)
In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
11. Board decision
A decision of the board must comply with the plan, scheme or development regulations that apply
to the matter that has been appealed to that board.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 50
12. Variances
(1)
Where an approval or permit cannot be given by an Council because a proposed
development does not comply with development standards set out in development
regulations, an Council may, in its discretion, vary the applicable development standards
to a maximum of 10% if, in Council's opinion, compliance with the development standards
would prejudice the proper development of the land, building or structure in question or
would be contrary to public interest.
(2)
An Council shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to
be made with respect to the same land, building or structure, would have a cumulative
effect that is greater than a 10% variance even though the individual variances are
separately no more than 10%.
(3)
An Council shall not permit a variance from development standards where the proposed
development would increase the non conformity of an existing development.
13. Notice of variance
Where an Council is to consider a proposed variance, that Council shall give written notice of the
proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
14. Residential non conformity
A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where being
repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
15. Notice and hearings on change of use
Where considering a non conforming building, structure or development under paragraph
108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming
building, structure or development, an Council, at the applicant's expense, shall publish a notice
in a newspaper circulating in the area or by other means give public notice of an application to
vary the existing use of a non-conforming building, structure or development and shall consider
any representations or submissions received in response to that advertisement.
16. Non-conformance with standards
Where a building, structure or development does not meet the development standards 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.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 51
17. Discontinuance of non-conforming use
An Council may make development regulations providing for a greater period of time than is
provided under subsection 108(2) of the Act with respect to the time by which a discontinued
non-conforming use may resume operation.
18. Delegation of powers
An Council shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
19. Commencement
These regulations shall be considered to have come into force on January 1, 2001.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 52
SCHEDULE A - DEFINITIONS
The defined words below are primarily intended to assist in the interpretation of specific terms in these
Development Regulations. Words that are in bold are from the Urban and Rural Planning Act, 2000 and the
Minister's Development Regulations. In all instances, the definitions included in the Minister's Development
Regulations take precedence over any other definition provided in Schedule A.
ACCESS means a way used or intended to be used by vehicles, pedestrians or animals in order to go from a
street to adjacent or nearby land or to go from that land to the street.
ACCESSORY BUILDING means,
(i)
A detached subordinate building not used as a dwelling, located on the same lot as the
main building or use to which it is accessory, and which has a use which is customarily
incidental or complimentary to the main use of the building or land,
(ii)
for residential uses such as 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 such as workshops, garages, and
(iv)
for industrial uses such as garages, offices, raised ramps and docks.
ACCESSORY DWELLING UNIT means a separate dwelling unit constructed within and subsidiary to the main
use.
ACCESSORY USE means a use that is subsidiary to a permitted or discretionary use and that is customarily
expected to occur with the permitted or discretionary use.
ACT unless the context indicates otherwise, means the Urban and Rural Planning Act, 2000.
ADJUDICATOR means an adjudicator appointed under section 40 of the Urban and Rural Planning Act,
2000.
APPEALS OFFICER means an employee of the department designated under subsection 40 (5) of 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 an agricultural operation that is carried on for personal use, or for commercial gain and
includes,
(a)
the clearing, draining, irrigating or cultivation of land,
(b)
the raising of livestock, including poultry,
(c)
the raising of fur-bearing animals,
(d)
the raising of bees,
Harbour Grace Development Regulations
Plan-Tech Environment
Page 53
(e)
the production of agricultural field crops,
(f)
the production of fruit and vegetables and other specialty horticultural crops,
(g)
the production of eggs and milk,
(h)
the operation of agricultural machinery and equipment, including irrigation,
(i)
storage, use or disposal of organic wastes (manure) for farm purposes, and
(j)
any other agricultural activity or process prescribed by Provincial regulation that is carried on
for gain or reward.
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 as specified by the Agriculture
Branch, Department of Fisheries, Forestry and Agriculture:
TYPE OF LIVESTOCK
AVERAGE WEIGHT PER ANIIMAL
(Kilograms)
NUMBER OF LIVESTROCK PER
ANIMAL UNIT
Dairy Cows
545-640
1
Heifers
300
2
Veal
91
5
Bulls
545
1
Beef Cows
360
2
Sows (F to F)
454
1
Sows
150
3
Hogs
75
6
Boars
150
3
Sheep (ewe)
54
8
Sheep (lamb)
27
16
Goats
64
7
Foxes
3
150
Rabbits
2.27
200
Laying Hens
1.8
252
Broilers
0.9
500
Pullets
1.3
350
Broiler turkey
6.5
70
Harbour Grace Development Regulations
Plan-Tech Environment
Page 54
Heavy turkey
7.5
60
Heavy toms
12
40
ANTENNA means a system that involves the transmission or receiving of data through radio waves, air
monitoring, weather collection devices or other sources, typically forming part of a mast or tower. Small
monitoring structures are located near the base are accessory to the main use.
APARTMENT BUILDING means a building containing three or more dwelling units but does not include a
multi-dwelling or a single dwelling with a subsidiary apartment. A unit, units or an apartment building may
be used for supervised housing, subsidized housing or a group home.
APPLICANT means a person who has applied to Council for approval to carry out development.
ARTERIAL STREET means the streets in the Municipal Planning Area constituting the main traffic arteries of
the area.
APPROVAL IN PRINCIPLE means that Council when considering a development application shall evaluate the
application to the development requirements within the Town. If the proposed development meets the
development requirements of the Town, an approval in principle maybe given to the application. An approval
in Principle outlines the specific conditions that must be met by the applicant prior to the issuance of a
Development Permit to commence development.
BUFFER means a formation of land or natural growth such as a berm, row of trees or shrubs, hedge, fence, or
distance separation that provides a barrier between incompatible sites, uses or land use districts.
BUILDING means,
(i)
a structure, erection, excavation, alteration or improvement placed on, over or under land,
or attached, anchored or moored to land; mobile structures, vehicles and marine vessels
adapted or constructed for residential, commercial, industrial and other similar uses,
(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 (i) and (ii), and
(iv)
an excavation of land whether or not that excavation is associated with the intended or
actual construction of a building or thing referred to in subparagraphs (i) to (iii).
BUILDING HEIGHT means the vertical distance, in metres, from established grade to the,
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and ridge of a gable, hip or gambrel roof
Harbour Grace Development Regulations
Plan-Tech Environment
Page 55
and in any case, a Building Height shall not include mechanical structures, smokestacks,
steeples, and purely ornamental structures above a roof.
BUILDING LINE means a line established by Council that runs parallel to the street line and is set at the
closest point to a street that a building may be placed.
CAMPGROUND means a parcel of land, managed as a single entity, for the accommodation of any
combination of recreational vehicles or tents on a short term or seasonal basis including semi-permanent
accommodation such as yurts, glamping pods or similar structures, and may include accessory uses such
as administrative office, laundry and shower building, comfort station, clubhouse and recreational
facilities. Campgrounds must be licensed by the Department of Tourism, Culture, Arts and Recreation.
CHILD-CARE SERVICE means an activity or other arrangement that provides temporary care or supervision of
a child and is licensed in accordance with the Child-care Act and Child-care Regulations. Child-Care Service
includes family home care services as well as childcare centres.
COLLECTOR STREET means a street that is designed to link local streets with arterial streets and which is
designated as a collector street in the Municipal Plan, or on the Zoning Map.
COMPREHENSIVE DEVELOPMENT means a development, approved by Council, which is designed,
developed, and managed as a unit which may include an interior road network, infrastructure, and utilities.
A comprehensive development is subject to conditions outlined in an approval in principle, development
permit and a development agreement. A comprehensive development may be for residential, commercial,
industrial, or other purposes.
CORNER LOT means a lot deemed to have street frontages on both a primary and a flanking street.
COUNCIL means the Municipal Council of the Town of Harbour Grace.
DEVELOPMENT means the carrying out of building, engineering, mining or other operations in, on, over, or
under land, or the making of a material change in the use, or the intensity of use of land, buildings, or
premises and the,
(i)
making of an access onto a highway, street or way,
(ii)
erection of an advertisement or sign,
(iii) construction of a building,
(iv) the parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as
an office, or for living accommodation,
and excludes the,
Harbour Grace Development Regulations
Plan-Tech Environment
Page 56
(v)
the carrying out of works for the maintenance, improvement or other alteration of a
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building,
(vi) the carrying out by a highway authority of works required for the maintenance or
improvement of a street, being works carried out on land within the boundaries of the
street reservation,
(vii) the carrying out by a local authority or statutory undertaker of works for the purpose of
inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus,
including the breaking open of streets or other land for that purpose, and
(viii) the use of a building or land within the courtyard of a dwelling house for a purpose
incidental to the enjoyment of a dwelling house as a dwelling.
DEVELOPMENT AGREEMENT means a written agreement between the municipality and a developer which
establishes conditions under which a development may be carried out.
DEVELOPMENT PERMIT means written permission, and to which approved plans, conditions, and
specifications may be attached. No development can proceed until a development permit has been issued
by Council.
DEVELOPMENT REGULATIONS means Regulations made under sections 34 to 38 of the Urban and Rural
Planning Act, 2000.
DISCRETIONARY USE means a use that is listed within the discretionary use classes established in the use
zone tables of these Development Regulations.
DOUBLE DWELLING means one building containing two dwelling units, placed one above the other, side by
side, or joined by a carport with separate lot areas dedicated to each unit, but does not include a subsidiary
apartment. A double dwelling may accommodate boarders or be a group home.
DRAINAGE PLAN means a report, prepared by a professional engineer, based on a bio-physical assessment
of the development to determine how surface water and storm water shall be managed, controlled and
mitigated so as to not cause water runoff to adjoining land.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used or designed as
the living quarters for one or more persons. Each dwelling unit shall provide living, sleeping, eating, cooking
and sanitation facilities.
ENGINEER means an engineer who is a member of the Association of Professional Engineers and
Geoscientists of Newfoundland Labrador.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 57
ESTABLISHED GRADE means
94.
where used in reference to a building, the average
elevation of the finished surface of the ground where
it meets the exterior of the front of that building
exclusive
of
any
artificial
embankment
or
entrenchment,
95.
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.
FLANKING STREET means the secondary street bordering a corner lot.
FLOODWAY means the inner portion of a flood risk area where the risk of flood is greatest, on average once
in twenty years and where the flood depths and water velocities are greatest.
FLOODWAY FRINGE means the outer portion of a flood risk area, between the floodway and the outer
boundary of the flood risk area, where the risk of flooding is lower, on average once in one hundred years,
and flood waters are shallower and slower.
FLOOD PROOFING means structural and/or non-structural measures incorporated in the design of a building
or structure which reduce or eliminate the risk of flood damage by ensuring that the ground floor elevation
is higher than the projected flood level and that the building can be exited without hindrance in the event of
a flood.
FLOOR AREA means the total area of all floors of a building measured to the outside face of exterior walls.
FORESTRY means the use of land for the purpose of forest and woodland management including the felling,
cutting, trimming and thinning of forest or woodland for the extraction of timber, and includes reforestation
and silviculture.
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 GARAGE means land or buildings used for the repair, maintenance and storage of motor vehicles
and may include the sale of petroleum products.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing, assembling, altering,
repairing, manufacturing, fabricating, preparing, processing, testing, salvaging, breaking up, demolishing, or
treating any article, commodity or substance, and "Industry" shall be construed accordingly.
GROUP HOME means a dwelling unit for individuals that need a supervised living environment. This definition
includes, but is not limited to, facilities called "Community Living Facility", "Group Home", "Youth Treatment
Centres" or "Transition House".
Harbour Grace Development Regulations
Plan-Tech Environment
Page 58
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-BASED BUSINESS means the use of part of a dwelling or an accessory building for pursuits compatible
with a domestic household and which is carried out by residents of the dwelling.
INFILL LOT means a empty lot between existing dwellings on a street.
INFORMATIONAL WAYFARING SIGN means a sign, erected by the Town or a community group or
organization with the approval of Council, that provides direction to specific sites or information about
specific sites.
INSPECTOR means a person appointed as an inspector by Council.
LAND includes land covered by water and buildings and structures on, over, or under the soil and fixtures
that form part of those buildings and structures.
LANDSCAPING means altering the topography and ground cover of a lot and may include the use of turf,
plants, shrubs, trees, retaining walls and fences.
LIGHT INDUSTRY means the use of land or buildings for 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
designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map.
LOT means a plot, tract or parcel of land that 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 a lot.
LOT COVERAGE means the combined area of all buildings on a lot measured at the
level of the lowest floor above the established grade and expressed as a percentage
of the total area of the lot.
Lot coverage = Area of A + Area of B
Lot area
Harbour Grace Development Regulations
Plan-Tech Environment
Page 59
LOT FRONTAGE means the horizontal distance between
side lot lines measured at the building line (the distance
between points A and B in illustration at right). See
Frontage.
LOT LINE, REAR means the lot line on the opposite side
of the front lot line.
LOT LINE, SIDE means the lot lines perpendicular to the
front and rear lot lines.
LOT LINE, FLANKING means a lot line which abuts the
flanking street on a corner lot.
MINERAL EXPLORATION means the search for and
sampling of minerals or quarry materials where the activity or activities involved meet the definition of
"development" under the Urban and Rural Planning Act, 2000. "Mineral" and "quarry material" for the
purpose of interpreting the definition of mineral exploration (development) are as defined in the provincial
Mineral Act and Quarry Materials Act, 1998, respectively. Mineral exploration does not include mining or
mineral working (e.g., quarrying). Activities which meet the definition of mineral exploration (development)
are to be contrasted with mineral exploration activities that do not meet the definition of development,
examples of which typically include traditional prospecting, geochemical sampling surveys (of rock, soil,
sediment, water, or vegetation), ground-based and airborne geophysical surveys, and the cutting of survey
lines.
MINERAL WORKING means an operation consisting of one or more of the following activities, the digging for,
excavation, and removal of quarry materials (i.e., quarrying) (may involve blasting), the removal of quarry
materials previously excavated, the removal of quarry materials previously deposited on site, the stockpiling
of quarry materials, the processing of quarry materials (e.g., crushing, screening, washing), the production of
civil construction materials which use quarry materials in their natural form (e.g., asphalt, concrete), the re-
processing of quarry materials including from reclaimed civil construction materials (e.g., reclaimed asphalt,
concrete), the production of soil by blending organic materials with quarry materials, or the treatment or
remediation of soil. "Quarry material" for the purpose of interpreting the definition of mineral working is as
defined in the provincial Quarry Materials Act, 1998. Mineral working does not include mining but may
include mineral exploration (development) as a secondary activity. Mineral working does not include the
excavation and removal of quarry materials as a by-product of an approved development.
MINING means an operation involving the extraction of a mineral for sale and for which a mining lease is
required under the provincial Mineral Act administered by the Department of Industry, Energy and
Technology. "Mineral" for the purpose of interpreting the definition of mining is as defined under the Mineral
Act. Mining may include, as secondary activities, mineral exploration (development) and mineral working.
Note that under the Mineral Act dimension stone (i.e., stone used for building facades, gravestones, etc.) is
considered a mineral in Newfoundland (but a quarry material in Labrador) and therefore extraction of
dimension stone within the Town of the Harbour Grace Municipal Planning Area would be considered mining.
MINISTER shall mean the Minister of Municipal and Provincial Affairs unless otherwise specified.
MODULAR HOME means a single dwelling built in modules in a factory complete with kitchen, bedrooms,
bath and transported to the building site for joining and placement on a foundation. Modular home
Harbour Grace Development Regulations
Plan-Tech Environment
Page 60
construction shall conform to the National Building Code and the Town of Harbour Grace Development
Regulations.
MUNICIPAL PLAN means a plan adopted by Council as a Municipal Plan pursuant to the Urban and Rural
Planning Act, 2000.
NON-CONFORMING USE means a legally existing use that is not listed as a permitted use 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 or persons owning or having 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
these Development Regulations.
PLANNING AREA means a Municipal Planning Area established under section 6 and 11 of the Urban and Rural
Planning Act, 2000. For the purpose and context of these regulations, the Planning Area shall mean the area
within the municipal boundaries of the Town of Harbour Grace.
PRIMARY STREET means the street on which a development fronts and is referenced in the civic address.
PROHIBITED USE means a use that is listed as prohibited in a use zone table or is not listed in a use zone
within the permitted use classes or discretionary use classes.
PUBLIC STREET means a main street or thoroughfare owned and maintained by Council or the Department
of Transportation and Infrastructure, and includes a provincial highway or Town street, available to the public
for pedestrian use or vehicular transportation.
REAR YARD DEPTH means the mean distance between the rear lot line and the rear of the main building
on the lot.
RESERVATION means a distance 15 metres from the high-water mark of a lake, pond, river, or seashore or
foreshore, restricted from development and forming an easement for public access and movement as
required by the Lands Act, 1991.
RESTAURANT means a building or part of a building, licensed for the purpose of serving meals.
MULTI-DWELLING means three or more dwelling units at ground level in one building, each unit separated
vertically from the others.
SEASONAL DWELLING means a dwelling which is designed or intended for seasonal or recreational use. A
seasonal dwelling is not a permanent living quarters, is not be used as full-time accommodation and is vacant
for periods of time each year.
SEASONAL RECREATION PARK means any area designated as a recreation park for the purpose of picnicking,
overnight camping, or use of recreational vehicles (RV) by the general public. A RV Park or Campground shall
have the same meaning. A Seasonal Recreation Park may include but is not limited to areas open to use free
of charge or through payment of a fee or by virtue of rental, lease, license, membership, association or
common ownership. A seasonal recreation park must be licensed by the Department of Tourism, Recreation,
Arts and Culture.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 61
SCREENING means a fence, berm, trees, hedge, wall or building used to separate areas or functions which
detract from the appearance of the streetscape and the view from the surrounding areas.
SERVICE STATION means a building, including gas pumps, used for the sale of petroleum products, and may
include general merchandise, minor automotive repairs, and washing of 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 retail stores with integrated parking which is planned, developed and
designed as a unit containing a minimum of 5 retail establishments.
SHORT-TERM TOURISM ACCOMMODATION means the provision of an accommodation for compensation
to an individual or group of individuals for overnight lodging for a maximum period of 30 days for each stay.
All short-term tourism accommodation must operate with a licensed from the Department of Tourism,
Culture, Arts and Recreation.
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 a 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 or local government, utilities
and boarding or similar structures used for the display of advertisements.
SINGLE DWELLING means one building containing a single dwelling unit, placed on its own lot, and can include
a subsidiary apartment. A single dwelling may accommodate boarders or be a group home.
STREET means a street, road, highway or other way designed for the passage of vehicles and pedestrians,
and which is accessible by fire department and other emergency vehicles.
STREET LINE means the edge of the right of way of a street reservation as defined by Council having
jurisdiction.
STREET RESERVATION means an area determined by Council that is
reserved for a street and street infrastructure including sidewalk,
verge and ditching, a future street and/or future street
improvements.
STUDIO means a building or part of a building used as an artist
studio, to produce handicrafts, or for one on one or small group
lessons such as music lessons or teaching handicraft skills. A studio
may include the display and retail sales of artist supplies and
products provided that the sales are minor in nature.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 62
SUBDIVISION means the dividing of land, whether in single or joint ownership, into 2 or more pieces for
the purpose of development.
SUBDIVISION DEVELOPMENT means a development which subdivides property into lots in accordance with
a site plan which is subject to conditions outlined in an approval in principle, development permit and a
development agreement. A subdivision development may include public streets, infrastructure, utilities and
open space. A subdivision development may be for residential, commercial, industrial or other purposes.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary to a single
dwelling providing living, sleeping, eating, cooking and sanitation facilities.
TAKE-OUT FOOD means a building in which the primary purpose is the preparation and sale of meals and
refreshments for consumption off the premises.
TOURISM CABINS means self-contained accommodation unit or units, used for short-term visitor rentals,
forming a single entity, and may include accessory uses such as administrative office, clubhouse and
recreational facilities for the use of visitors renting a tourism cottage. Tourism cabins must be licensed by the
Department of Tourism, Culture, Arts and Recreation.
URBAN AGRICULTURE means an agricultural operation which does not involve intensive livestock structures
or uses, land intensive uses such as sod farming or forage production, or agricultural uses which involve the
spreading of manure over large areas.
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 Council's
regulations.
YARD means an open uncovered space on a lot appurtenant to a building (except a court) and unoccupied by
buildings or structures except as specifically permitted elsewhere in these Regulations.
YARD, REAR means the distance between the rear lot line and the rear wall of the main building on a lot. See
Rear Yard Depth.
YARD, SIDE means the distance between the side lot line and the nearest side wall of a building on the lot.
See Side Yard Depth.
YARD, FRONT means the distance between the front lot line of a lot and the front wall of the main building
on the lot.
YARD, FLANKING means the side yard of a corner lot which side yard extends from the front yard to the rear
yard between the flanking lot line along the flanking street and the nearest main wall of any main building or
structure
Harbour Grace Development Regulations
Plan-Tech Environment
Page 63
YARD, ABUTTING means the yard of an abutting lot which shares a lot line of subject property.
ZONING MAP means the map or maps attached to and forming part of the Town of Harbour Grace
Development Regulations.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 64
Harbour Grace Development Regulations
Plan-Tech Environment
Page 65
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Movie theatre, performing arts
centre, amphitheater, auditorium
ASSEMBLY USES
Cultural and Civic
Library, museum, art gallery,
courthouse, meeting rooms, town hall
ASSEMBLY USES
General Assembly
Community hall, community centre,
lodge halls, private clubs, service
group facilities
ASSEMBLY USES
Educational
Schools, colleges, private training
facilities
ASSEMBLY USES
Place of Worship
Church, chapel, temple, church hall,
synagogue, convent, seminary,
monastery, rectory, parish house
ASSEMBLY USES
Passenger Assembly
Bus station, boat tours
ASSEMBLY USES
Catering
Restaurants, bars, lounges
ASSEMBLY USES
Micro-Brewery
Brew pub, micro-brewery, micro-
distillery
ASSEMBLY USES
Funeral Home
Funeral home, chapel, crematorium
ASSEMBLY USES
Child-care Service
Childcare centre, nursery school, pre-
school, family home childcare
ASSEMBLY USES
Amusement
Video arcade, escape room, paint ball
venue, zip line
ASSEMBLY USES
Indoor Assembly
Arena, skating rink, indoor swimming
pool, gymnasium, bowling alley,
fitness centre, dance school, karate
school
ASSEMBLY USES
Outdoor Assembly
Outdoor concert venue, outdoor ice
rink, outdoor swimming pool,
amusement park, fairground
ASSEMBLY USES
Tourism Cabins
Tourism cottage establishments
ASSEMBLY USES
Campgrounds
RV park, tent campground, yurts,
glamping pods
Harbour Grace Development Regulations
Plan-Tech Environment
Page 66
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ... cont'd
GROUP
CLASS
EXAMPLES
INSTITUTIONAL USES
Penal and Correctional
Detention
Jail, penitentiary, youth centre
INSTITUTIONAL USES
Medical Treatment and
Special Care
Long term care facility, personal care
home, hospital, health care centre,
protective care community residence,
shelter
RESIDENTIAL USES
Single Dwelling
Single detached dwellings, boarding
house, group home
RESIDENTIAL USES
Double Dwelling
Semi-detached dwellings, duplex
dwellings, boarding house, group
home
RESIDENTIAL USES
Multi-Unit Dwelling
Row houses, town houses, seniors
independent living cabins, supervised
housing, group home, apartment
building
RESIDENTIAL USES
Commercial Residential
Hotel, motel, hostels, inn
RESIDENTIAL USES
Seasonal Residential
Cabins, cabins, summer homes,
hunting and fishing cabins
RESIDENTIAL USES
Mobile Homes
Mobile homes
RESIDENTIAL USES
Short-Term Tourism
Accommodation
Airbnb, bed and breakfast
RESIDENTIAL USES
Tourism Cabins
Multi-cabin park, cabin complex
RESIDENTIAL USES
Seasonal Dwelling
Cottage, cabin
BUSINESS and PERSONAL
SERVICE USES
Office
Offices (including Government
Offices), banks, travel agents,
insurance brokers, legal offices
Harbour Grace Development Regulations
Plan-Tech Environment
Page 67
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ... cont'd
GROUP
CLASS
EXAMPLES
BUSINESS AND PERSONAL
SERVICE USES
Medical and Professional
Medical clinic, dental office,
physiotherapy office, family resource
centre, denturist, massage
BUSINESS AND PERSONAL
SERVICE USES
Personal Service
Hair salon, household repairs and
services, pet grooming, nail salon
BUSINESS AND PERSONAL
SERVICE USES
General Service
Laundromat, dry cleaners, tool rental,
medical equipment supply and rental
BUSINESS AND PERSONAL
SERVICE USES
Studio
Artist studio, handicrafts, music
lessons, handicraft lessons
BUSINESS AND PERSONAL
SERVICE USES
Media
Film studio, music studio, recording or
sound studio, editing suite
BUSINESS AND PERSONAL
SERVICE USES
Fire Station
Fire Station
BUSINESS AND PERSONAL
SERVICE USES
Police Station
Police Station
BUSINESS AND PERSONAL
SERVICE USES
Taxi Stand
Taxi Stands
BUSINESS AND PERSONAL
SERVICE USES
Take-out Food Service
Take-out food service, food truck
BUSINESS AND PERSONAL
SERVICE USES
Veterinary
Veterinary surgeries, animal day care
facilities, animal rescue, animal
pounds
MERCANTILE USES
Shopping Centre
Shopping centre
MERCANTILE USES
Shop
Retail shop, store, showroom,
drugstore
MERCANTILE USES
Indoor Market
Indoor farm market, garden centre
with greenhouses, nursery
MERCANTILE USES
Outdoor Market
Outdoor flea market, outdoor farm
market, vegetable and fruit stands,
fish stalls, sale of firewood, sale of
new or used automobiles, sale of
recreational trailers
Harbour Grace Development Regulations
Plan-Tech Environment
Page 68
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ... cont'd
GROUP
CLASS
EXAMPLES
MERCANTILE USES
Convenience Store
Confectionary store, corner store, gift
shop, craft shop
INDUSTRIAL USES
Hazardous Industry
Bulk storage of hazardous liquids and
substances, chemical plants, feed
mills, lacquer, mattress, paint, varnish,
and rubber factories, fibreglass and
spray painting
INDUSTRIAL USES
General Industry
Factory, cold storage plant, freight
depot, general garages, warehouse,
workshop, saw-mill, printing plants,
contractors' yards, outdoor storage,
heavy equipment storage, municipal
depot, highway depot, firefighter
training facilities
INDUSTRIAL USES
Service Station
Gas station, garage, gas bar
INDUSTRIAL USES
Light Industry
Light industry, indoor storage,
workshop, storage units
INDUSTRIAL USES
Mining
Mine, extraction of dimension stone
INDUSTRIAL USES
Mineral Working
Quarry, pit, processing of quarry
materials, concrete plant, asphalt
plant, soil production, soil reclamation
INDUSTRIAL USES
Mineral Exploration
(Development)
Drilling, trenching, base camp, access
roads, exploration activities causing
ground disturbance
INDUSTRIAL USES
Petroleum Exploration
(Development)
Drilling, trenching, base camp, drill rig,
pipeline, clearing, access roads,
exploration activities causing ground
disturbance
INDUSTRIAL USES
Petroleum Extraction
Oil rig, oil platform, drill rig, well head,
mud pump, mud tanks, storage tanks,
pipeline, camp, access roads
NON-BUILDING USES
Agriculture
Commercial farm, livestock farm,
forage production, nursery
Harbour Grace Development Regulations
Plan-Tech Environment
Page 69
GROUP
CLASS
EXAMPLES
NON-BUILDING USES
Urban Agriculture
Hobby farm, nursery, small scale
horticulture farm, community garden
NON-BUILDING USES
Forestry
Tree nurseries, silviculture, domestic
and commercial wood harvesting
NON-BUILDING USES
Recreational Open Space
Sports fields, park, playground, trail,
rest area, splash pad, golf course
NON-BUILDING USES
Conservation
Historical and scenic sites, wildlife
sanctuary, interpretive walks, scenic
look-out
NON-BUILDING USES
Cemetery
Cemeteries, graveyards, pet
cemeteries
NON-BUILDING USES
Scrap Yard
Car Wrecking Yard, Junk Yards, Scrap
Dealers
NON-BUILDING USES
Utilities
Wind turbines, windmills, solar
generation plant, transmission lines,
sub-station
NON-BUILDING USES
Solid Waste
Solid Waste Disposal, Sanitary Land
Fill, Incinerators
NON-BUILDING USES
Animal
Kennel, zoo, petting zoo, horse riding
stable
NON-BUILDING USES
Antenna
TV, radio and media mast, cell tower,
antenna
NON-BUILDING USES
Transportation
Airfield, dock, wharf, slipway,
breakwater, boat house, fishing shed
NON-BUILDING USES
Marine Service Centre
Marine fabrication, offshore service
centre, marine vessel repair, shipyard,
dry dock
NON-BUILDING USES
Marina
Marina, yacht club, boating club
Harbour Grace Development Regulations
Plan-Tech Environment
Page 70
Harbour Grace Development Regulations
Plan-Tech Environment
Page 71
TOWN OF HARBOUR GRACE
SCHEDULE C - STANDARD CONDITIONS FOR ALL USE ZONES
The following conditions shall apply to all use zones listed under these Development Regulations.
(1)
General Development Regulations
An approval in principle or a development permit shall not be issued until the development
application has been reviewed for compliance with the General Development Regulations, Parts I-
V.
(2)
Discretionary Uses
The discretionary uses listed in the use zone tables may be permitted at the discretion of Council if
they are complimentary to uses within the permitted use class, or that their development shall not
inhibit or prejudice the existence or the development of uses within the permitted use class. In
accordance with Regulation 28 and 126, Council must advertise an application for a discretionary
use and must consider any written submissions before making a decision to approve, approve with
conditions or refuse the application.
(3)
Referral to Federal and Provincial Departments
Prior to the issuance of a Development Permit for the foregoing developments, approvals must be
obtained from the agencies noted below in addition to any approvals identified in Part III - General
Development Standards.
Commercial Farm
Agriculture Branch, Department of Fisheries,
Forestry and Agriculture
Manure System
Government Service Centre, Department of
Digital Government and Service NL
On-Site Services
Government Service Centre, Department of
Digital Government and Service NL
Undertakings identified Part III of the
Environmental Assessment Regulations, 2003
Environmental
Assessment
Division,
Department of Environment and Climate
Change
Development which may release an air
contaminant
Pollution Control Division, Department of
Environment and Climate Change
Storage and Handling of Gasoline and
Associated Products
Pollution Control Division, Department of
Environment and Climate Change
Waste Disposal
Waste Management Division, Department of
Environment and Climate Change
Harbour Grace Development Regulations
Plan-Tech Environment
Page 72
Long-Term Care Facilities, Personal Care
Homes,
Protective
Care
Community
Residences
Eastern Health and Department of Digital
Government and Service NL
Micro-brewery or micro-distillery
Environmental
Assessment
Division,
Department of Environment and Climate
Change
Marine Service Centre
Environmental
Assessment
Division,
Department of Environment and Climate
Change and Habitat Management Division,
Fisheries and Oceans Canada, Crown Lands
Branch, Department of Fisheries, Forestry and
Agriculture.
(4)
Water Resources Permits
A permits from the Water Resources Management Division, Department of Environment and
Climate Change is required before Council shall issue a development permit for the following uses,
(a)
Development within the Public Well Head Protection Area shown on the Land use Zoning
Map,
(b)
Development within the Protected Public Water Supply Zone,
(c)
Development within the designated 1,20 and 1,100 flood risk areas on the north shore of
Bristol's Hope Cove,
(d)
Development within Shore Water Zones,
(e)
Infilling within 15 metres of a body of water including a wetland,
(f)
Sewer and water main installation, and
(g)
Non-domestic water use.
(5)
Growth Management
(1)
Council shall ensure that development occurs in an orderly manner.
(2)
Council may require connections and access with adjacent undeveloped land to protect
future development opportunities.
(3)
No property shall be retained by a developer or owner to prevent future development of
adjoining lands.
(6)
Climate Change
Council shall consider the potential risks resulting from more frequent and extreme weather events,
Harbour Grace Development Regulations
Plan-Tech Environment
Page 73
such as flooding, sea surges, coastal erosion and sea level rise, resulting from climate change when
evaluating applications.
(7)
Land Use Zones
Schedule C contains tables for the following Use Zones,
Land Use Zone
Abbreviation
Page
Residential
RES
74
Mixed Development
MD
78
Town Centre
TC
81
Heritage
HD
85
Public Building
PB
91
Commercial General
CG
93
Industrial General
IG
96
Open Space Recreation
OSR
98
Open Space Recreation Park
OSRP
99
Environmental Protection
EP
102
Protected Public Water Supply
PPWS
103
Transportation Highway
TH
105
Cottage Control
CC
106
Rural
RUR
108
Harbour Grace Development Regulations
Plan-Tech Environment
Page 74
USE ZONE TABLE
ZONE TITLE - RESIDENTIAL (RES)
PERMITTED USE CLASSES - (see Regulation 125)
Single dwelling, double dwelling, child-care services (Regulation 43), cemetery, uses permitted in all
zones (Regulation 89 (1), (2) and (3)), streets, services and public utilities (Regulation 76)
DISCRETIONARY USE CLASSES - (see Regulations 28 and 126)
Multi-unit dwelling, educational, medical treatment and special care, place of worship, convenience
store, short-term tourism accommodation, tourism cabins, home-base business (Regulation 58), urban
agriculture (Regulation 88), discretionary uses in all zones (Regulation 89 (4))
STANDARDS
Single
Dwelling
Double
Dwelling
Multi-Unit Dwelling
Lot area (m²) minimum
4501
3902
450
Frontage
151
26
10
Flanking Lot Side Yard Width
6
6
6
Building Line Setback (m)
(minimum)
6
6
6
Building Line Setback (m)
(maximum)
30
30
30
Side yard Width (m)
(minimum) Major and Minor
3 and 1.5
3
3
Rear yard Depth (m)
(minimum)
9
9
9
Lot Coverage (%)
(maximum)
33
33
33
Height (maximum)
8
8
15
(See Conditions)
1. Unserviced lots shall meet the minimum lot standards prescribed by the Government Service Centre,
Department of Digital Government and Service NL and shall have a minimum frontage of 30 metres in
accordance with Condition 2 below.
2. Minimum lot area shall be for each dwelling unit.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 75
CONDITIONS FOR RESIDENTIAL (RES) ZONE
(1)
Public Street
All development shall front onto a public street with the exception of antenna.
(2)
Residential Lots with On-Site Services
A residential lot serviced with on-site septic tank and well shall have a minimum frontage of 30
metres and meet the lot area requirements of Government Service Centre, Department of Digital
Government and Service NL.
(3)
Medical Treatment and Special Care
(a) Medical treatment and special care facility shall be designed and maintained to a high
standard with respect to safety and appearance.
(b) Council may require screening through the provision of trees, shrubs, berms, landscaping or
fencing between a medical treatment and special care facility and adjacent residential uses.
(c) Medical Treatment and Special Care uses shall be connected to municipal water and sewer
services.
(d)
A medical treatment and special care use shall be located on a lot that shall conform to the
frontage, building line setback, side yard, rear yard and lot coverage requirements specified
for an apartment building.
(4)
Place of Worship and Educational Use
A place of worship and an educational uses shall be located on a lot that shall conform to the
frontage, building line setback, side yard, rear yard, and lot coverage requirements specified for a
single dwelling.
(5)
Convenience Store
A convenience store may be permitted provided that it:
(a)
Meets the frontage, lot area, building line, flanking side yard, side yard, height and lot
coverage requirements for a single dwelling,
(b)
Is located on a collector or arterial street, and
(c)
Does not distract from the residential character of the surrounding area.
(6)
Short-Term Tourism Accommodation
(a) Short-term tourism accommodation shall meet the frontage, lot area, building line, side yard,
height and lot coverage requirements specified for a single dwelling.
(b) The building shall be compatible with the surrounding residential area in terms of exterior
appearance and design, landscaping, scale and density.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 76
(c) Outdoor amenities such as hot tubs, fire pits and recreational amenities shall be placed so to
minimize impact on adjacent residential uses from noise, lighting, litter, odour, smoke and
any other potential negative effects.
(c) Council may require screening through the provision of trees, shrubs, berms, landscaping or
fencing between the short-term tourism accommodation use and adjacent residential uses.
(d)
Council may require additional parking to accommodate on-site parking associated with the
short-term tourism accommodation. For bed and breakfast operations, one parking place
shall be provided for each rental bedroom in addition to the two parking spaces required for
the dwelling unit.
(5)
Tourism Cabins
(a)
An application for tourism cabins shall include the following information:
(i) Layout of accesses and internal roadways,
(ii)
Layout and number of parking spaces,
(iii)
Location and size of each cottage unit and/or campsite,
(iv)
Location and size of accessory uses such as comfort station, laundry facilities, staff
accommodation, office, convenience store, clubhouse and recreational facilities,
(v)
Water and sewer lines and connection to the Town's water and sewer system, and
(vi)
Landscaping and buffers between the site and adjacent residential land uses.
(b)
Tourism cabins may be permitted at the discretion of Council subject to the following
conditions:
(i)
All cabins and accessory uses shall only be accessible by an internal road which forms
part of the development,
(ii)
The lot shall have a minimum area of 4050 square metres and a minimum frontage of
30 metres,
(iii)
Buildings and amenities of the tourism cottage use shall be located a minimum of 10
metres from the street reservation, side yard and rear yard,
(iv)
all the cottage units shall be connected to municipal water and sewer services,
(v)
outdoor amenities such as hot tubs, fire pits and recreational amenities shall be placed
so to minimize impact on adjacent residential uses from noise, lighting, litter, odour,
smoke and any other potential negative effects,
(vi)
Council may require screening through the provision of trees, shrubs, berms,
landscaping or fencing between the tourism cottage use and adjacent residential uses,
(vii)
parking shall include one parking space for each tourism cottage and 5 additional
parking spaces for visitors and staff, and
(viii) Tourism cabins shall not be used for permanent, full-time habitation.
(6)
Home-Based Business
Council may, at its discretion, allow a home-based business, accessory to a dwelling unit, consisting
of the following uses subject to the provisions of Regulation 58,
(a)
medical and professional,
Harbour Grace Development Regulations
Plan-Tech Environment
Page 77
(b)
personal services,
(c)
offices,
(d)
studios.
(7)
Wharves, boathouses, slipways and docks
Wharves, boathouses, slipways and docks shall be permitted provided that:
(a)
the use is limited to recreational wharves and docks on ponds and marine shorelines and are
accessory to a permitted or discretionary use,
(b)
the size, scale, and use of the structures is compatible with surrounding development, and
(c)
any infilling is subject to approval from the Water Resources Management Division,
Department of Environment and Climate Change.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 78
USE ZONE TABLE
ZONE TITLE - MIXED DEVELOPMENT (MD)
PERMITTED USE CLASSES - (see Regulation 125)
Single dwelling, double dwelling, multi-unit dwelling, cultural and civic, media, general assembly,
educational, place of worship, passenger assembly, catering, funeral home, medical treatment and
special care, amusement, indoor assembly, outdoor assembly, medical and professional, fire station,
police station, shopping centre, shop, convenience store, take-out, veterinary, service station
(Regulation 77), transportation, home-based business (Regulation 58), and uses permitted in all zones
(Regulation 89 (1), (2) and (3)), and street, services and utilities (Regulation 76)
DISCRETIONARY USE CLASSES - (see Regulations 28 and 126)
Light industry, , urban agriculture (Regulation 88), and discretionary uses in all zones (Regulation 89 (4))
CONDITIONS FOR MIXED DEVELOPMENT ZONE
(1)
Development Standards
The development standards for this zone shall be as follows,
a) Minimum Building Line Setback
8 metres
b) Minimum Side yards
5 metres
c) Minimum Rear yard
10 metres
d) Maximum Height
10 metres
(2)
Residential Development
Residential development shall conform to the standards of the Residential (RES) Land Use Zone.
(3)
Public Street
All development shall front onto a public street with the exception of antenna.
(4)
Buffer for Residential Uses
Where a non-residential use abuts a residential use, Council may require a screen or barrier such as
a fence, landscaped embankment, or trees to be erected on the non-residential site along the lot
lines, consistent with the visibility requirements for traffic safety. Alternatively, Council may
increase the side yard and rear yard requirements on the non-residential site to provide additional
separation from the abutting residential use.
(5)
Outdoor Storage
Outdoor storage shall not be permitted in front of a building. Open storage may be permitted in
side yards and rear yards. Council may require fencing or other forms of screening to prevent an
unsightly appearance.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 79
(6)
Medical Treatment and Special Care
(a)
Medical treatment and special care facility shall be designed and maintained to a high
standard with regard to safety and appearance.
(b)
Council may require screening through the provision of trees, shrubs, berms, landscaping or
fencing between a medical treatment and special care facility and adjacent residential uses.
(c) Medical Treatment and Special Care Uses shall be connected to municipal water and sewer
services.
(d)
The medical treatment and special care facility shall conform to the frontage, building line
setback, side yard, rear yard and lot coverage requirements specified for an apartment
building.
(7)
Short-Term Tourism Accommodation
(a)
Short-term tourism accommodation shall meet the frontage, lot area, building line, flanking
side yard, side yard, height and lot coverage requirements specified for a single dwelling or
be located in an existing single dwelling.
(b) The building shall be compatible with the surrounding residential area in terms of exterior
appearance and design, landscaping, scale, and density.
(c) Outdoor amenities such as hot tubs, fire pits and recreational amenities shall be placed so to
minimize impact on adjacent residential uses from noise, lighting, litter, odour, smoke, and
any other potential negative effects.
(d)
Council may require screening through the provision of trees, shrubs, berms, landscaping or
fencing between the short-term tourism accommodation use and adjacent residential uses.
(e)
Council may require additional parking to accommodate on-site parking associated with the
short-term tourism accommodation. For bed and breakfast operations, one parking place
shall be provided for each rental bedroom in addition to the two parking spaces required for
the dwelling unit.
(8)
Home-Based Business
Council shall allow a home-based business, accessory to a dwelling unit, consisting of the following
uses subject to the provisions of Regulation 58,
(a)
medical and professional,
(b)
personal services,
(c)
offices,
(d)
studios.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 80
(9)
Light and General Industry Uses
General industry uses and light industrial uses shall be permitted at the discretion of Council
provided that:
(a)
Activities associated with the use are not hazardous and do not create a nuisance by reason
of noticeable noise, odour, dust, flames, or result in electrical interference.
(b)
Retail sales are incidental and subsidiary to the approved use.
(c)
No change is made in the type, class or extent of the use without a permit.
(d)
Adequate on-site parking, loading, buffering and landscaping is provided.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 81
USE ZONE TABLE
ZONE TITLE - TOWN CENTRE (TC)
PERMITTED USE CLASSES - (see Regulation 125)
Single dwelling, double dwelling, multi-unit dwelling, short-term tourism accommodation, tourism
cabins, commercial residential, medical treatment and special care, club and lodge, catering, micro-
brewery, child-care services (Regulation 43), media, convenience store, cultural and civic, educational,
fire station, general service, indoor market, medical and professional, office, outdoor market, passenger
assembly, personal service, place of worship, police station, shop, studio, home-based business
(Regulation 58), uses permitted in all zones (Regulation 89 (1), (2) and (3)) and streets, services and
utilities (Regulation 76)
DISCRETIONARY USE CLASSES - (see Regulations 28 and 126)
Amusement, campground, funeral home, general assembly, light industry, general industry, take-out food
services, taxi stand, veterinary, urban agriculture (Regulation 88), and discretionary uses in all zones
(Regulation 89 (4))
CONDITIONS FOR TOWN CENTRE (TC) ZONE
(1)
Development Standards
The development standards for this zone shall be as follows,
a) Minimum Building Line Setback
6 metres
b) Minimum Side yards
3 metres
c) Minimum Rear yard
10 metres
d) Maximum Height
10 metres
e) Minimum Floor Area
50 m²
(2)
Residential Development
Residential development shall conform to the standards of the Residential (RES) Land Use Zone.
(3)
Public Street
All development shall front onto a public street with the exception of antenna.
(4)
Services
All development shall be serviced with municipal water and sewer services.
(5)
Compatibility with Surrounding Area
Development shall fit with the surrounding area and shall not affected adjacent residential uses
with respect to noise, dust, vibration, odour, traffic, hours of operation and other nuisances.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 82
(6)
Buffer for Residential Uses
Where a non-residential use abuts a residential use, Council may require a screen or barrier such as
a fence, landscaped embankment, or trees to be erected on the non-residential site along the lot
lines, consistent with the visibility requirements for traffic safety. Alternatively, Council may
increase the side yard and rear yard requirements on the non-residential site to provide additional
separation from the abutting residential use.
(8)
Outdoor Storage
Outdoor storage of material, goods and machinery is not permitted in this zone.
(9)
Re-Use of Existing Buildings and Infill Development
Re-use of existing buildings and infill development hall be subject to:
(a)
building façade and appearance being compatible with surrounding uses,
(b)
provision of screening and landscaping compatible with surrounding uses,
(c)
provision of parking and signage compatible with the surrounding area,
(d)
minimal impact on adjacent uses in terms of noise, dust, glare, vibration, odour, traffic, hours
of operation and other factors that Council may determine, and
(e)
the provisions of Regulation 56 (4).
(10) Medical Treatment and Special Care
(e) Medical treatment and special care facility shall be designed and maintained to a high
standard with regard to safety and appearance.
(f) Council may require screening through the provision of trees, shrubs, berms, landscaping or
fencing between a medical treatment and special care facility and adjacent residential uses.
(g) Seniors Housing and Personal Care Uses shall be connected to municipal water and sewer
services.
(h)
The medical treatment and special care facility shall conform to the frontage, building line
setback, side yard, rear yard and lot coverage requirements specified for an apartment
building.
(11) Short-Term Tourism Accommodation
(a) Short-term tourism accommodation shall meet the frontage, lot area, building line, flanking
side yard, side yard, height and lot coverage requirements specified for a single dwelling.
(b) The building shall be compatible with the surrounding residential area in terms of exterior
appearance and design, landscaping, scale and density.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 83
(c) Outdoor amenities such as hot tubs, fire pits and recreational amenities shall be placed so to
minimize impact on adjacent residential uses from noise, lighting, litter, odour, smoke and
any other potential negative effects.
(c) Council may require screening through the provision of trees, shrubs, berms, landscaping or
fencing between the short-term tourism accommodation use and adjacent residential uses.
(d)
Council may require additional parking to accommodate on-site parking associated with the
short-term tourism accommodation. For bed and breakfast operations, one parking place
shall be provided for each rental bedroom in addition to the two parking spaces required for
the dwelling unit.
(12) Tourism Cabins
(a)
An application for tourism cabins shall include the following information,
(i)
Layout of accesses and internal roadways,
(ii)
Layout and number of parking spaces,
(iii)
Location and size of each cottage unit and/or campsite,
(iv)
Location and size of accessory uses such as comfort station, laundry facilities, staff
accommodation, office, convenience store, clubhouse, and recreational facilities,
(v)
Water and sewer lines and connection to the Town's water and sewer system, and
(vi)
Landscaping and buffers between the site and residential land uses.
(b)
Tourism cabins may be permitted at the discretion of Council subject to the following
conditions,
(i)
All cabins and accessory uses shall only be accessible by an internal road which forms
part of the development,
(ii)
The lot shall have a minimum area of 4050 square metres and a minimum frontage of
30 metres,
(iii)
Buildings and amenities of the tourism cottage use shall be located a minimum of 10
metres from the street reservation, flanking street, side yard and rear yard,
(iv)
Total lot coverage of all buildings does not exceed 33%,
(v)
All the cottage units shall be connected to municipal water and sewer services,
(vi)
Outdoor amenities such as hot tubs, fire pits and recreational amenities shall be placed
so to minimize impact on adjacent residential uses from noise, lighting, litter, odour,
smoke, and any other potential negative effects,
(vii) Council may require screening through the provision of trees, shrubs, berms,
landscaping or fencing between the tourism cottage use and adjacent residential uses,
and
(viii) Parking shall include one parking space for each tourism cottage and 5 additional
parking spaces for visitors and staff.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 84
(13) Home-Based Business
Council shall allow a home-based business, accessory to a dwelling unit, consisting of the following
uses subject to the provisions of Regulation 58:
(a)
medical and professional,
(b)
personal services,
(c)
offices,
(d)
studios.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 85
USE ZONE TABLE
ZONE TITLE - HERITAGE (H)
PERMITTED USE CLASSES - (see Regulation 125)
Single dwelling, double dwelling, multi-unit dwelling, catering, club and lodge, micro-brewery, commercial
residential, short-term tourism accommodation, cultural and civic, shop, convenience store, studio, media,
office, place of worship, home-based business (Regulation 58), uses permitted in all zones (Regulation 89
(1), (2) and (3)) and streets, services, and utilities (Regulation 76)
DISCRETIONARY USE CLASSES - (see Regulations 28 and 126)
Tourism cabins, campgrounds, take-out food service, indoor market, urban agriculture (Regulation 88),
and discretionary uses in all zones (Regulation 89 (4)
CONDITIONS FOR HERITAGE (H) ZONE
(1)
Development Standards
The development standards for this zone shall be as follows,
a) Minimum Building Line Setback
6 metres
b) Minimum Side yards Width
(except where buildings are built
with adjoining party walls)
3 metres
c) Minimum Rear yard Depth
10 metres
d) Maximum Height
10 metres
(2)
Residential Development
Residential development shall conform to the standards of the Residential (RES) Land Use Zone.
(3)
Public Street
All development shall front onto a public street with the exception of antenna.
(4)
Servicing
All development shall be serviced with municipal water and sewer.
(5)
Building Design Standards
(a)
The prevailing massing, scale, form and style of buildings and structures, including accessory
buildings, shall be retained.
(i)
Renovations to existing buildings and sites shall reflect the scale and character of
adjacent buildings and shall contribute to the overall heritage value of the area. The
relationship of the width to the height of the principle façade shall be retained.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 86
(ii)
New development shall be compatible with the heritage value of the area in terms of
scale, exterior appearance, and landscaping.
(b)
The size, shape and prominence of the porch, bridge or deck, entrance projection or doorway
shall be compatible with those of existing buildings in the Heritage Zone.
(c)
Character defining elements of a building and structure shall not be destroyed. Renovations
to existing buildings and sites shall preserve the character defining elements. The removal or
alteration of any historic material or distinctive architectural feature shall not be permitted
unless the feature is unsalvageable in which case the feature shall be duplicated in the most
appropriate material to the original design.
(i)
Original windows and doors including sash, lintels, sills, decorative glass, pediments,
trims and hardware shall be retained or replaced with duplications which match the
original elements as closely as possible.
(ii)
The proportion of and relationship between doors and windows shall be compatible
with the original architectural style and character of the building and with the
character of the Heritage zone.
(iii)
The direction, pitch and arrangement of the roof shall be visually compatible with the
original architectural style and character of the building and with the character of the
Heritage zone.
(iv)
Architectural features of the roof such as dormer windows, cornices, brackets,
chimneys, gutters shall not be removed from the roof, nor altered.
(d)
Original architectural features which have deteriorated shall be repaired rather than
replaced, wherever possible. Where 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 as found in the Town.
(i)
Roofing shall be replaced with new material that matches as closely as possible the
original material in composition, size, shape, colour and texture.
(ii)
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.
(e)
Contemporary design for alterations or extensions may be permitted when,
(i)
In the opinion of Council, such alterations and extensions do not destroy the character
defining historical, architectural or cultural heritage;
(ii)
The design is compatible with the size, scale, colour, material and character of the
property and surrounding area; and
(iii)
Extensions to an existing building shall be clad in visually compatible materials, and the
original structure and extension should be finished in a uniform colour scheme which
highlights the heritage character of the building.
(f)
Any new building shall be visually compatible with the size, scale, colour, material, texture,
and character of existing buildings on the site, adjacent structures and overall character of
the surrounding area and the Heritage zone.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 87
A new building shall have the following features,
(i)
a pitched roof;
(ii)
be constructed of wood, stone or brick;
(iii)
have single or double hung windows; and, if possible
(iv)
a chimney.
(g)
Non-original materials may be used where the non-original material is similar in appearance
to the original and the building reflects the traditional character of the area. Vinyl siding will
not be permitted.
(6)
Site Design Standards
(a)
Views of Harbour Grace Harbour shall be retained where possible.
(b)
Waterfront access shall be retained where possible.
(c)
Development shall incorporate site features such as rock walls, wrought iron fences, fencing,
and landscaping which reflects and enhances the character of the Heritage zone and is
compatible with surrounding uses.
(7)
Re-Use of Existing Buildings and Infill Development
Re-use of existing buildings and infill development hall be subject to:
(a)
building façade and appearance being compatible with surrounding uses,
(b)
provision of screening and landscaping compatible with surrounding uses,
(c)
provision of parking and signage compatible with the surrounding area,
(d)
minimal impact on adjacent uses in terms of noise, dust, glare, vibration, odour, traffic, hours
of operation and other factors that Council may determine, and
(e)
the provisions of Regulation 56 (4).
(8)
Effects on Surrounding Areas
Any development in this use zone shall be generally acceptable within the context of surrounding
development and so shall not create unacceptable amounts of noise, traffic, fumes, dust or other
pollution or otherwise present a nuisance, hazard or eyesore, especially with respect to existing or
potential residential development.
(9)
Residential Buffer
In the case of a residential development locating adjacent to an existing or proposed non-residential
use or zone, Council 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 shall
sufficiently mitigate noise, visual unpleasantness and other undesirable effects. Trees and shrubs
Harbour Grace Development Regulations
Plan-Tech Environment
Page 88
existing on the site prior to development which could form all or part of a buffer shall not be
removed.
(10) Outdoor Storage
Outdoor storage of materials, goods and machinery is not permitted in the Heritage zone.
(11) Short-Term Tourism Accommodation
(d) Short-term tourism accommodation shall meet the frontage, lot area, building line, flanking
side yard, side yard, height and lot coverage requirements specified for a single dwelling.
(e) The building shall be compatible with the surrounding residential area in terms of exterior
appearance and design, landscaping, scale and density.
(f) Outdoor amenities such as hot tubs, fire pits and recreational amenities shall be placed so to
minimize impact on adjacent residential uses from noise, lighting, litter, odour, smoke and
any other potential negative effects.
(c) Council may require screening through the provision of trees, shrubs, berms, landscaping or
fencing between the short-term tourism accommodation use and adjacent residential uses.
(d)
Council may require additional parking to accommodate on-site parking associated with the
short-term tourism accommodation. For bed and breakfast operations, one parking place
shall be provided for each rental bedroom in addition to the two parking spaces required for
the dwelling unit.
(12) Tourism Cabins
(a)
An application for tourism cabins shall include the following information:
(i)
Layout of accesses and internal roadways,
(ii)
Layout and number of parking spaces,
(iii)
Location and size of each cottage unit,
(iv)
Location and size of accessory uses such as comfort station, laundry facilities, staff
accommodation, office, convenience store, clubhouse and recreational facilities,
(v)
Water and sewer lines and connection to the Town's water and sewer system, and
(vi)
Landscaping and buffers between the site and residential land uses.
(b)
Tourism cabins may be permitted at the discretion of Council subject to the following
conditions,
(i)
All cabins and accessory uses shall only be accessible by an internal road which forms
part of the development,
(ii)
The lot shall have a minimum area of 4050 square metres and a minimum frontage of
30 metres,
(iii)
Buildings and amenities of the tourism cottage use shall be located a minimum of 10
metres from the street reservation, flanking street, side yard and rear yard,
(iv)
Total lot coverage of all buildings does not exceed 33%,
(v)
All the cottage units shall be connected to municipal water and sewer services,
Harbour Grace Development Regulations
Plan-Tech Environment
Page 89
(vi)
Outdoor amenities such as hot tubs, fire pits and recreational amenities shall be placed
so to minimize impact on adjacent residential uses from noise, lighting, litter, odour,
smoke and any other potential negative effects,
(vii) Council may require screening through the provision of trees, shrubs, berms,
landscaping or fencing between the tourism cottage use and adjacent residential uses,
and
(viii) Parking shall include one parking space for each tourism cottage and 5 additional
parking spaces for visitors and staff.
(13) Campground
(a)
An application for a campground shall include the following information:
(i)
Layout of accesses and internal roadways,
(ii)
Layout and number of parking spaces,
(iii)
Location of each campsite,
(iv)
Location and size of accessory uses such as comfort station, laundry facilities, staff
accommodation, office, convenience store, clubhouse and recreational facilities,
(v)
Water and sewer lines and connection to the Town's water and sewer system, and
(vi)
Landscaping and buffers between the site and residential land uses.
(b)
Campgrounds may be permitted at the discretion of Council subject to the following
conditions,
(i)
Provision of an emergency exit,
(ii)
Provision of an access from a public street which is adequate to accommodate the
vehicular traffic including recreational vehicles and trailers,
(iii)
All campsites and amenities shall form part of the development and will only be
accessible via an internal road network,
(vi)
All individual campsites shall be connected to water and sewer and the overall
development shall be connected to municipal water and sewer services,
(vi)
Outdoor amenities such as hot tubs, fire pits and recreational amenities shall be placed
so to minimize impact on adjacent residential uses from noise, lighting, litter, odour,
smoke and any other potential negative effects,
(vii) Council may require screening through the provision of trees, shrubs, berms,
landscaping or fencing between the campsites and adjacent residential uses,
(ix)
Parking shall include one parking space for each campsite and 5 additional parking
spaces for visitors and staff, and
(x)
Each campsite shall be clearly numbered.
(c)
No dumping stations shall be permitted
(d)
The development approval shall specify the number of campsites and any changes the
specified number requires the specific approval of Council.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 90
(14) Home-Based Business
Council shall allow a home-based business, accessory to a dwelling unit, consisting of the following
uses subject to the provisions of Regulation 58,
(a)
medical and professional,
(b)
personal services,
(c)
offices,
(d)
studios.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 91
USE ZONE TABLE
ZONE TITLE - PUBLIC BUILDING (PB)
PERMITTED USE CLASSES - (see Regulation 125)
Educational, cultural and civic, general assembly, indoor assembly, outdoor assembly, office, medical
treatment and special care, place of worship, police station, child-care services (Regulation 43), uses
permitted in all zones Regulation 89 (1), (2) and (3) and streets, services and utilities (Regulation 76)
DISCRETIONARY USE CLASSES - (see Regulations 28 and 126)
Cemetery, catering, club and lodge, collective residential, amusement, passenger assembly, taxi stand,
funeral home, take-out food services, fire station, transportation, general industry, light industry, urban
agriculture (Regulation 88), and discretionary uses in all zones (Regulation 89 (4))
CONDITIONS FOR PUBLIC BUILDINGS ZONE
(1)
Development Standards
The development standards for this zone shall be as follows,
a) Minimum Building Line Setback
10 metres
b) Minimum Side yards
5 metres
c) Minimum Rear yard
15 metres
d) Maximum Height
14 metres
(2)
Public Street
All development shall front onto a public street with the exception of antenna.
(3)
New Public Buildings
All permitted uses, club and lodge, collective residential, funeral home, general industry and light
industry shall meet the following standards,
(a)
The lot must front onto a public street which is adjacent to an arterial or collector street.
(b)
The development is compatible with surrounding land uses.
(c)
Provision of a buffer made up of hedges, trees, shrubs, earthen berms or structural barriers
that shall 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.
(d)
The development must be connected to municipal water and sewer.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 92
(4)
Medical Treatment and Special Care
(a)
Medical treatment and special care facility shall be designed and maintained to a high
standard with regard to safety and appearance.
(b)
Council may require screening through the provision of trees, shrubs, berms, landscaping or
fencing between a medical treatment and special care facility and adjacent residential uses.
(c) Seniors Housing and Personal Care Uses shall be connected to municipal water and sewer
services.
(d)
The medical treatment and special care facility shall conform to the frontage, building line
setback, side yard, rear yard and lot coverage requirements specified for an apartment
building.
(5)
Offices
Only government offices, banks, and similar uses shall be permitted in this zone. Commercial offices
or offices associated with a business operation shall not be permitted.
(6)
Catering and Take-Out
(a)
Catering and Take-Out may be permitted as an accessory use.
(b)
Catering and Take-Out shall only be permitted as a temporary use.
(7)
Amusement
Amusement may only be permitted as an accessory use located in the building containing the main
use.
(8)
Light Industry and General Industry
Light industry and general industry are restricted to municipal and government uses in the form of
municipal depot, highway depot, firefighter training facility and similar government uses.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 93
USE ZONE TABLE
ZONE TITLE - COMMERCIAL GENERAL (CG)
PERMITTED USE CLASSES - (see Regulation 125)
General garage, light industry, service station (Regulation 77), transportation, all uses in the Assembly Use
Group, all uses in the business and personal service group, all uses in the mercantile uses group,
commercial residential, tourism cabins, campground, uses permitted in all zones Regulation 89 (1), (2) and
(3), and streets, services and utilities (Regulation 76)
DISCRETIONARY USE CLASSES - (see Regulations 28 and 126)
General industry, urban agriculture (Regulation 88), and discretionary uses in all zones (Regulation 89 (4))
CONDITIONS FOR COMMERCIAL GENERAL (CG) ZONE
(1)
Development Standards
The development standards for this zone shall be as follows,
a) Minimum Building Line Setback
10 metres
b) Minimum Side yards
5 metres
c) Minimum Rear yard
15 metres
d) Maximum Height
14 metres
(2)
Public Street
All development shall front onto a public street with the exception of antenna.
(3)
Servicing
All development shall be serviced with municipal water and sewer.
(4)
General Garage and Light Industry
(a)
Light industry is restricted to uses that are non-hazardous, and do not create any negative
impacts on adjoining properties.
(b)
A general garage shall not create any negative impacts on adjacent uses due off-site parking,
outside activities, noise, fumes, vibration, outside storage of equipment, parts, tires and
scrap parts, storage of petroleum products, or other objectional impacts.
(5)
Tourism Cabins
(a)
An application for tourism cabins shall include the following information:
(i) Layout of accesses and internal roadways,
(ii)
Layout and number of parking spaces,
Harbour Grace Development Regulations
Plan-Tech Environment
Page 94
(iii)
Location and size of each cottage unit,
(iv)
Location and size of accessory uses such as comfort station, laundry facilities, staff
accommodation, office, convenience store, clubhouse and recreational facilities,
(v)
Water and sewer lines and connection to the Town's water and sewer system, and
(vi)
Landscaping and buffers between the site and residential land uses.
(b)
Tourism cabins shall be permitted subject to the following conditions,
(i)
All cabins and accessory uses shall only be accessible by an internal road which forms
part of the development,
(ii)
The lot shall have a minimum area of 4050 square metres and a minimum frontage of
30 metres,
(iii)
Buildings and amenities of the tourism cottage use shall be located a minimum of 10
metres from the street reservation, flanking street, side yard and rear yard,
(iv)
Total lot coverage of all buildings does not exceed 33%,
(v)
All the cottage units shall be connected to municipal water and sewer services,
(vi)
Outdoor amenities such as hot tubs, fire pits and recreational amenities shall be placed
so to minimize impact on adjacent residential uses from noise, lighting, litter, odour,
smoke and any other potential negative effects,
(vii)
Council may require screening through the provision of trees, shrubs, berms,
landscaping or fencing between the tourism cottage use and adjacent residential uses,
and
(viii) Parking shall include one parking space for each tourism cottage and 5 additional
parking spaces for visitors and staff.
(5)
Campground
(a)
An application for a campground shall include the following information,
(i) Layout of accesses and internal roadways,
(ii)
Layout and number of parking spaces,
(iii)
Location of each camping site,
(iv)
Location and size of accessory uses such as comfort station, laundry facilities, staff
accommodation, office, convenience store, clubhouse and recreational facilities,
(v)
Water and sewer lines and connection to the Town's water and sewer system, and
(vi)
Landscaping and buffers between the site and residential land uses.
(b)
Campgrounds may be permitted at the discretion of Council subject to the following
conditions:
(i)
Provision of an emergency exit,
(ii)
Provision of an access from a public street which is adequate to accommodate the
vehicular traffic including recreational vehicles and trailers,
(iii)
All campsites and amenities shall form part of the development and will only be
accessible via an internal road network,
(iv)
All individual campsites shall be connected to water and sewer and the overall
development shall be connected to municipal water and sewer services,
Harbour Grace Development Regulations
Plan-Tech Environment
Page 95
(v)
Outdoor amenities such as hot tubs, fire pits and recreational amenities shall be placed
so to minimize impact on adjacent residential uses from noise, lighting, litter, odour,
smoke, and any other potential negative effects,
(vi)
Council may require screening through the provision of trees, shrubs, berms,
landscaping or fencing between the campsites and adjacent residential uses,
(vii)
Parking shall include one parking space for each campsite and 5 additional parking
spaces for visitors and staff, and
(viii) Each campsite shall be clearly numbered.
(c)
No dumping stations shall be permitted
(d)
The development approval shall specify the number of campsites and any changes the
specified number requires the specific approval of Council.
(6)
General Industry
General industry uses may be permitted at the discretion of Council provided they operate without
hazard or intrusion and without detriment to the surrounding area by reason of noise, vibration,
smell, and fumes. Council may require such uses to be screened from view using landscaping or
fences.
(7)
Outdoor Storage
Outdoor storage of materials, goods and machinery shall meet the following conditions,
(a)
Where outdoor is not the primary use of land, storage areas shall not be located in the
front yard.
(b)
Where storage areas are not screened from general view by vegetation or topography, a
storage area may be required to be enclosed by an opaque wall or fence not less than 2
metres in height constructed of uniform materials and approved by Council.
(c)
Storage of vehicles or other machinery or equipment, except transport vehicles which may
be parked in the open provided their parking area is landscaped and suitably located, shall
be prohibited in areas where there is no screening or fencing.
(d)
Buffer areas shall not be used as storage areas.
(8)
Buffer
Council may require provision of a buffer made up of hedges, trees, shrubs, earthen berms or
structural barriers that shall 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.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 96
USE ZONE TABLE
ZONE TITLE - INDUSTRIAL GENERAL (IG)
PERMITTED USE CLASSES - (see Regulation 125)
General industry, light industry, media, general service, shop, service station (Regulation 77), office,
passenger assembly, transportation, uses permitted in all zones Regulation 89 (1), (2) and (3) and streets,
services and utilities (Regulation 75)
DISCRETIONARY USE CLASSES - (see Regulations 28 and 126)
Marine service centre, hazardous industry, urban agriculture (Regulation 88), and discretionary uses in
all zones (Regulation 89 (4)
CONDITIONS FOR INDUSTRIAL GENERAL ZONE
(1)
Development Standards
The development standards for this zone shall be determined by Council, taking into consideration
adjacent land uses.
(2)
Industrial Uses Abutting the Heritage Zone, Dwellings and Residential Zone
Where any industrial use abuts a dwelling, the Residential zone or the Heritage zone or is separated
by a street only, the owner or developer of the site of the industrial development shall provide a
buffer strip not less than 30 metres wide between any marine industrial building or activity and the
dwelling, Residential zone or Heritage zone. The buffer shall include the provision of grass strips,
hedges, trees or shrubs and shall be maintained by the owner or occupier to the satisfaction of
Council.
(3)
Marine Service Centre
A marine service centre may be permitted at the discretion of Council provided:
(a)
Access to the marine service centre shall be from Beach Hill Roal only,
(b)
Services must be designed for a marine service centre with capacity to service the proposed
use and provide firefighting services,
(c)
The marine service centre shall be sensitive to and reflect the heritage character of the
Heritage zone and any nearby registered heritage buildings or sites and any heritage
walkways or trails,
(d)
Adequate off-street parking must be provided for all employees,
(e)
Approval from Water Resources Management Division, Department of Environment and
Climate Change is required for any infilling of the harbour to accommodate a marine service
centre prior to the issuance of a development permit.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 97
(f)
Approval from Habitat Management, Fisheries and Oceans must be obtained, if applicable,
prior to the issuance of a development permit,
(g)
The owner or developer must obtain a release from Environmental Assessment through the
Environmental Assessment Division, Department of Environment and Climate Change prior
to the issuance of a development permit, and
(h)
The owner and developer may be required to obtain Crown Land within 15 metres of the
highwater mark and water rights.
(4)
General Industry and Light Industry
(a)
All industrial uses must be provided with streets and municipal services designed for
industrial use.
(b)
Any industrial use must provide adequate off-street parking facilities for all employees.
(c)
Customer parking may be provided in the street right-of way by the construction of suitable
bays in which parked vehicles shall not interfere with moving traffic.
(d)
Services must be designed for the industrial use with capacity to service the proposed use
and provide firefighting services to the satisfaction of Council.
(e)
General industrial uses shall be contained within a building.
(f)
The scale and intensity of a general industrial uses shall not be intrusive and shall not
negatively impact adjacent residential uses due to noise, odour, dust, vibration, smoke or
steam, or other factors that may be objectionable.
(5)
Outdoor Storage
Council may permit outdoor storage of materials, goods and machinery provided the following
conditions are met:
(a)
outdoor storage shall not occupy more than 50% 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 Council,
(c) outdoor storage areas shall be maintained with a stable surface to prevent raising or
movement of dust, clay, mud, and loose particles.
(6)
Storage of Flammable Liquids
All uses and structures for the bulk storage of flammable liquids shall conform to the requirements
of the Provincial Fire Commissioner and shall be surrounded by such buffers and landscaping as
Council may require to prevent damage to adjacent uses by fire, explosion, or spills of flammable
liquid.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 98
USE ZONE TABLE
ZONE TITLE - OPEN SPACE RECREATION (OSR)
PERMITTED USE CLASSES - (see Regulation 125)
Recreational open space, cemetery, uses permitted in all zones (Regulation 89 (1), (2) and (3)) and
streets, services and utilities (Regulation 76)
DISCRETIONARY USE CLASSES - (see Regulations 27 and 126)
Indoor assembly, outdoor assembly, cultural and civic, catering, take-out food service, transportation,
urban agriculture (Regulation 88), and discretionary uses in all zones (Regulation 89 (4))
CONDITIONS FOR OPEN SPACE RECREATION ZONE
(1)
Development Standards
The development standards for this zone shall be determined by Council, taking into consideration
adjacent land uses.
(2)
Public Street
(a)
All development shall front onto a public street with the exception of antenna.
(b)
Pedestrian access shall be provided to the recreational facilities.
(3)
Recreational Open Space, Indoor Assembly and Outdoor Assembly
Development and operation of recreational open space, indoor assembly and outdoor assembly
uses shall not create a negative impact on adjacent residential uses in terms of noise, light, traffic,
hours of operation, parking, and hazards.
(4)
Catering and Take-Out
(a)
Catering and Take-Out may be permitted as an accessory use.
(b)
Catering and Take-Out shall only be permitted as a temporary use.
(5)
Accessory Building
An accessory building may be permitted in association with recreational open space and cemetery
shall have a maximum floor area of no more than 20 square metres. Accessory buildings shall be
located a minimum of 3 metres from the nearest part of the main building, if applicable, and a
minimum of 1 metre from a side and rear lot line and a maximum height of an accessory building
shall be 4 metres.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 99
USE ZONE TABLE
ZONE TITLE - OPEN SPACE RECREATION PARK (OPRP)
PERMITTED USE CLASSES - (see Regulation 125)
Campgrounds, tourist cabins, outdoor assembly, convenience store, amusement, uses permitted in all
zones (Regulation 89 (1), (2) and (3)) and streets, services, and utilities (Regulation 76)
DISCRETIONARY USE CLASSES - (see Regulations 27 and 126)
Amusement, indoor assembly, catering, take-out food service, shop, light Industry, urban agriculture
(Regulation 88), and discretionary uses in all zones (Regulation 89 (4))
CONDITIONS FOR OPEN SPACE RECREATION PARK ZONE
(1)
Development Standards
The development standards for this zone shall be determined by Council, taking into consideration
adjacent land uses.
(2)
Public Street
All development shall front onto a public street with the exception of antenna.
(3)
Amusement
Amusement uses shall be accessory to a campground and is restricted to outdoor amusement uses
only.
(4)
Catering and Take-Out
Catering and take-out food service may be considered on a discretionary basis provided it serves
open space recreational park activities only.
(5)
Convenience Store
A convenience store shall be permitted provided that it primarily serves open space recreational
park activities.
(6)
Tourism Cabins
(a)
An application for tourism cabins shall include the following information:
(i)
Layout of accesses and internal roadways,
(ii)
Layout and number of parking spaces,
(iii)
Location and size of each cottage unit,
(iv)
Location and size of accessory uses such as comfort station, laundry facilities, staff
accommodation, office, convenience store, clubhouse and recreational facilities,
(v)
Water and sewer lines and connection to the Town's water and sewer system, and
(vi)
Landscaping and buffers between the site and residential land uses.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 100
(b)
Tourism cabins shall be permitted subject to the following conditions:
(i)
All cabins and accessory uses shall only be accessible by an internal road which forms
part of the development,
(ii)
The lot shall have a minimum area of 4050 square metres and a minimum frontage of
30 metres,
(iii)
Buildings and amenities of the tourism cottage use shall be located a minimum of 10
metres from the street reservation, flanking street, side yard and rear yard,
(vi)
Total lot coverage of all buildings does not exceed 33%,
(vii)
Outdoor amenities such as hot tubs, fire pits and recreational amenities shall be placed
so to minimize impact on adjacent residential uses from noise, lighting, litter, odour,
smoke and any other potential negative effects,
(viii) Council may require screening through the provision of trees, shrubs, berms,
landscaping or fencing between the tourism cottage use and adjacent residential uses,
and
(ix)
Parking shall include one parking space for each tourism cottage and 5 additional
parking spaces for visitors and staff.
(6)
Campground
(a)
An application for a campground shall include the following information:
(i)
Layout of accesses and internal roadways,
(ii)
Layout and number of parking spaces,
(iii)
Number and location of each camping site,
(iv)
Location and size of accessory uses such as comfort station, laundry facilities, staff
accommodation, office, convenience store, clubhouse and recreational facilities,
(v)
Water and sewer lines and connection to the Town's water and sewer system, and
(vi)
Landscaping and buffers between the site and residential land uses.
(b)
Campgrounds may be permitted at the discretion of Council subject to the following
conditions:
(i)
Provision of an emergency exit,
(ii)
Provision of an access from a public street which is adequate to accommodate the
vehicular traffic including recreational vehicles and trailers,
(iii)
All campsites and amenities shall form part of the development and will only be
accessible via an internal street network,
(vi)
All individual campsites shall be connected to water and sewer and the overall
development shall be connected to municipal water and sewer services,
(vii)
Outdoor amenities such as hot tubs, fire pits and recreational amenities shall be placed
so to minimize impact on adjacent residential uses from noise, lighting, litter, odour,
smoke and any other potential negative effects,
(viii) Council may require screening through the provision of trees, shrubs, berms,
landscaping or fencing between the campsites and adjacent residential uses,
(ix)
Parking shall include one parking space for each campsite and 5 additional parking
spaces for visitors and staff, and
(x)
Each campsite shall be clearly numbered.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 101
(c)
The development approval shall specify the number of campsites and any changes the
specified number requires the specific approval of Council.
(7)
Accessory Building
An accessory building may be permitted in association with a permitted use.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 102
USE ZONE TABLE
ZONE TITLE - ENVIRONMENTAL PROTECTION (EP)
PERMITTED USE CLASSES - (see Regulation 125)
Uses permitted in all zones (Regulation 89 (1), (2) and (3)) and streets, services and utilities (Regulation
76).
DISCRETIONARY USE CLASSES - (see Regulations 28 and 126)
Urban agriculture (Regulation 87) and discretionary uses in all zones (Regulation 89 (4))
CONDITIONS FOR ENVIRONMENTAL PROTECTION ZONE
(1)
Flood Risk Area
(a)
All development within the 1 in 20 and 1 in 100 flood risk areas at Bristol's Hope, identified
in the 2022 Climate Change Flood Risk Study for Carbonear Flood Risk Mapping Studies /
Public Information Maps - Environment and Climate Change (gov.nl.ca) are subject to
approval from the Water Resources Management Division, Department of Environment and
Climate Change. All development shall comply with the Policy for Flood Plain Management
Policy for Flood Plain Management - Environment and Climate Change (gov.nl.ca).
(b)
No use shall involve the storage of pollutants such as fuels, chemicals, or pesticides.
(2)
Conservation and Recreational Open Space
Conservation and Recreational open space uses shall be restricted to those which are passive in
nature and contain no buildings.
(3)
Wharves, Slipways and Docks
Only wharves, slipways and docks shall be permitted. No buildings such as boathouses or sheds
shall be permitted.
(4)
Antenna
Antenna are exempt from the requirement that development front onto a public street.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 103
USE ZONE TABLE
ZONE TITLE - PROTECTED PUBLIC WATER SUPPLY (PPWS)
PERMITTED USE CLASSES - (see Regulation 124)
Uses permitted in all zones Regulation 89 (1), (2) and (3) and streets, services, and utilities (Regulation
76)
DISCRETIONARY USE CLASSES - (see Regulations 25 and 126)
Agriculture, forestry, mineral working (Regulation 64), urban agriculture (Regulation 88), and
discretionary uses in all zones (Regulation 89 (4))
CONDITIONS FOR PROTECTED PUBLIC WATER SUPPLY ZONE
(1)
Referrals
All development applications within the Protected Public Water Supply zone shall be referred to the
Water Resources Management Division, Department of Environment and Climate Change. All
development within the Protected Public Water Supply zone must receive a permit from Water
Resources Management Division, Department of Environment and Climate Change before Council
can issue a development permit.
All development in this zone shall conform to Department of Environment and Climate Change
Policy Directive W.R. 95-01 - Policy for Land and Water Related Developments in Protected Public
Water
Supply
Areas
-
Environment
and
Climate
Change
(gov.nl.ca)
(https,//www.gov.nl.ca/ecc/waterres/regulations/policies/water-related/)
(2)
Activities Not Permitted in Designated Watershed Area
The following activities shall not be permitted in the Protected Public Water Supply zone:
(a)
Placing, depositing, or discharging into a body of water sewage, refuse, chemicals,
municipal and industrial wastes or any other material which may impair water quality.
(b)
Using an intake, pond, lake or specified buffer zones for any activity detrimental to water
quality.
(c)
Using ice covered water body for transporting logs or wood, or the use of
snowmobiles/motor vehicles/all-terrain vehicles, leading of large animals, or any other
activity, including littering, which may impair water quality.
(d)
Storage and disposal of pesticides and manure, application of manure and chemicals in
specified buffer zones, and extensive land clearing.
(e)
Application of herbicides in the right-of-way, and use of chemically treated utility poles
and other related structures.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 104
(3)
Separation Distances
The following widths of buffer zones along and around water bodies shall be maintained from the
high-water mark in a designated area,
Water Body
Width of Buffer Zone
Intake pond or lake
150 metres
River intake
150 metres for a distance of one kilometre upstream
and 100 metres downstream
Main river channel
75 metres
Major tributaries, lakes or ponds
50 metres
Other water bodies
30 metres
No development activity shall be permitted in buffer zones except those that are intended to
promote vegetation.
(4)
Forestry, Agriculture, and Existing Uses
(a)
Limited forestry activities, agriculture, and the maintenance and limited extension of existing
uses may be permitted provided they cause no detrimental effect on water quality and
comply with conditions of a permit issued by the Water Resources Management Division,
Department of Environment and Climate Change.
(b)
Forestry and Agriculture are exempt from the requirement that development front on a
public street.
(5)
Recreation
Only passive recreational activities such as hiking and skiing shall be permitted.
(6)
Mineral Working
Mineral working uses are exempt from the requirement that development front on a public street.
(7)
Antenna
Antenna are exempt from the requirement that development front on a public street.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 105
USE ZONE TABLE
ZONE TITLE - TRANSPORTATION HIGHWAY (TH)
PERMITTED USE CLASSES - (see Regulation 125)
Uses permitted in all zones Regulation 89 (1), (2) and (3) and streets, services and utilities (Regulation 76)
DISCRETIONARY USE CLASSES - (see Regulations 28 and 126)
Urban agriculture (Regulation 88) and discretionary uses in all zones (Regulation 89 (4))
CONDITIONS FOR TRANSPORTATION HIGHWAY ZONE
(1)
Veteran's Memorial Highway
Lands within this zone are reserved for maintenance of the Veteran's Memorial Highway.
(2)
Approval from Government Service Centre, Department of Digital Government and Service NL
The Veteran's Memorial Highway, Route 75, is a Protected Road. Development within 100 metres
of the highway centerline requires a permit under the Protected Street Zoning Regulations.
Applications shall be referred to the Department of Digital Government and Service NL. No
development approval can be issued by Council until a permit from the Government Service Centre,
Department of Digital Government and Service NL has been issued.
(3)
Highway Signs
No sign can be erected within 100 metres of the highway centre line until a permit under the
Highway Sign Regulations, 1999 has been issued by the Government Service Centre, Department
of Digital Government and Service NL.
(4)
Access
No access can be developed until an approval from the Department of Transportation and
Infrastructure has been issued.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 106
USE ZONE TABLE
ZONE TITLE - COTTAGE CONTROL (CC) ZONE
PERMITTED USE CLASSES - (see Regulation 125)
Seasonal dwelling, uses permitted in all zones (Regulation 89 (1), (2) and (3)) and streets, services and
utilities (Regulation 76)
DISCRETIONARY USE CLASSES - (see Regulations 28 and 126)
Urban agriculture (Regulation 88), and discretionary uses in all zones (Regulation 89 (4))
PROHIBITED USES - (see Regulation 127)
Recreational vehicles, mobile homes, temporary buildings and structures
CONDITIONS FOR COTTAGE CONTROL ZONE
1.
Seasonal Dwelling
(a)
New seasonal dwellings may only be built on the following Crown Lands Grants and
applications only.
Number
158425
158418
158881
158337
157352
148669
146779
146782
146780
146781
152739
153277
153274
153270
153281
(b)
All new seasonal dwellings shall have a septic system and well which has received approval
from the Government Service Centre, Department of Digital Government and Service NL.
(c)
Seasonal dwellings shall not be used for full time, permanent habitation.
(d)
Existing seasonal dwellings may be renovation and expanded provided Crown Lands title has
been secured and a septic system and well has been installed that has received approval from
the Government Service Centre, Department of Digital Government and Service NL.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 107
(e)
Seasonal dwellings are exempt from the requirement that development front on a public
street. Council accepts no responsibility for repair, maintenance, improvements or snow
clearing of Groves Road.
(f)
No additional Crown Lands applications will be approved.
2.
Wharves, Slipways, Docks and Boat Houses
Wharves, slipways, docks and boathouses shall only be permitted as accessory uses to those
seasonal dwellings with Crown Lands title and holding a development permit from the Town.
3.
Recreational Vehicles, Mobile Homes, and Temporary Buildings
No recreational vehicle, mobile home or temporary building and structure is permitted in the
Cottage Control zone.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 108
USE ZONE TABLE
ZONE TITLE - RURAL (RUR)
PERMITTED USE CLASSES - (see Regulation 125)
Agriculture, forestry, animal, cemetery, outdoor market, transportation, veterinary, uses permitted in all
zones (Regulation 89 (1), (2) and (3)) and streets, services and utilities (Regulation 76)
DISCRETIONARY USE CLASSES - (see Regulations 28 and 126)
Single dwelling, light industry, general industry, hazardous industry, scrap yard, mineral working
(Regulation 64), mining (Regulation 64), urban agriculture (Regulation 88), and discretionary uses in all
zones (Regulation 89 (4))
CONDITIONS FOR RURAL ZONE
1.
Development Standards
The development standards for uses in this zone shall be determined case-by-case and shall
conform to the standards for the same uses in other zones.
2.
Access
(a)
Agriculture, forestry, light industry, general industry, scrap yard, mineral working and mine
may be accessed by an access road and are exempt from the requirement that development
front on a public street.
(b)
Council may set out requirements for the access road. Council may require the access road
to be barred after working hours or during a shutdown of the use. The access road shall not
pass through the Residential zone.
(c)
All other permitted and discretionary uses shall front on a public street.
3.
Single Dwellings
Single dwellings may be permitted as an accessory use to an agricultural use provided that the
agricultural use is recognized as a commercial farm by the Agriculture Branch, Department of
Fisheries, Forestry and Agriculture and that the commercial farm has been operating a minimum of
2 years. The Agriculture Branch, Department of Fisheries, Forestry and Agriculture must approve
the single dwelling.
4.
Industrial Uses
Light industry, general industry, hazardous industry and scrap yard and associated accessory uses
may be permitted at the discretion of Council provided that,
(a)
The use is restricted to maintenance and repair of equipment, processing and storage related
to agriculture, forestry or mineral working uses,
Harbour Grace Development Regulations
Plan-Tech Environment
Page 109
(b)
The proposed use shall not have an adverse visual impact on the built-up areas of the Town
and Council may require that the site be screened by landscaping, buffers or fences or
separated so not to be visible from public street and the built-up area,
(c)
The proposed use shall not generate an increase in traffic on streets in the built-up areas of
the Town,
(d)
The proposes operate without hazard or intrusion and without detriment to the surrounding
area by reason of noise, vibration, smell, and fumes, and
(e)
The proposed site can be developed without negative impact on the natural environment
and amenities of the Town, including watercourses and ponds.
Harbour Grace Development Regulations
Plan-Tech Environment
Page 110
SCHEDULE D - OFF-STREET PARKING REQUIREMENTS
1.
Parking Area Standards
The parking area standards for these Regulations shall be as follows,
(a)
parking stall width
=
2.75 metres
(b)
parking stall length or depth
=
5.80 metres
(c)
aisle width
=
7.30 metres
(d)
driveway width
=
7.00 metres
(e)
minimum area
=
16 square metres
2.
Parking Requirements
(a) If no parking space requirements are identified below, Council may specify the number of
parking spaces to be provided.
(b) All parking areas and parking spaces shall be graded and surfaced with concrete, asphalt, or
other hard material approved by Council.
(c) Parking area and parking space surfaces shall not conceal or alter municipal infrastructure.
(d) Any retaining walls associated with a parking area or parking space shall taper down to be
flush with the sidewalk or curb.
(e) Parking areas and parking spaces shall not adversely affect adjacent properties.
CLASS - ASSEMBLY USES
(a) Theatre
Two spaces for every 5 seats
(b) Cultural and Civic
One space for every 50m2 of gross floor area
(c) Educational
K - 12 - 3 spaces for every classroom.
Other facilities - 1 space for every 5 persons using the
facilities (students, faculty and staff)
(d) Place of Worship
Two spaces for every 5 seats
(e) Passenger Assembly
As specified by Council
(f) Private Club
One space for every 3 persons that may be accommodated
at one time
(g) Catering
One space for every 3 persons that may be accommodated
at one time
(h) Lounges and Bars
One space for every 3 persons that may be accommodated
at one time
Harbour Grace Development Regulations
Plan-Tech Environment
Page 111
(i) Funeral Home
One space for every 10m2 of gross floor area
(j) Child-care Services
One space for every 20m2 of gross floor area
(k) Amusement
One space for every 10m2 of gross floor area
(l) Indoor Assembly
One space for every 10 persons that may be accommodated
at one time
(m) Outdoor Assembly
As specified by Council
CLASS - INSTITUTIONAL USES
(a) Detention Centre
As specified by Council.
(b) Medical Treatment and Special
Care
One space for every 20m2 of gross floor area
CLASS - RESIDENTIAL USES
(a) Single Dwelling
Two spaces for every dwelling unit
(b) Double Dwelling
Two spaces for every dwelling unit
(c) Multi-dwelling
Two spaces for every dwelling unit
(d) Apartment Building
Three spaces for every 2-dwelling units
(e) Subsidiary Apartment
Two spaces for every apartment unit
(f) Hospitality Home
As specified by Council
(h) Mobile Home
Two spaces for every residential unit
CLASS - BUSINESS AND PERSONAL SREVICES
(a) Office
One space for every 20m2 of gross floor area
(b) Professional Service
One space for every 20m2 of gross floor area
(c) Personal Service
One space for every 20m2 of gross floor area
(d) General Service
One space for every 20m2 of gross floor area
(e) Media
As specified by Council
(f) Home Based Business
Minimum of 1 space per non-resident employee
CLASS - COMMERCIAL USES
Harbour Grace Development Regulations
Plan-Tech Environment
Page 112
(a) Shopping Centre
One space for every 20m2 of gross floor area
(b) Shop
Min. of 2 spaces plus one space for every 20m2 of gross floor
area
(c) Convenience Store
Min. of 2 spaces plus one space for every 20m2 of gross floor
area
(d) Take-Out Food
Min. of 2 spaces plus one space for every 15m2 of gross floor
area
(e) Vending Stand
Minimum of 2 spaces plus additional as specified by Council
(f) Indoor Market
As specified by Council
(g) Outdoor Market
As specified by Council
(h) Service Station
One space for every 20m2 of gross floor area
(i) Commercial Residential
One space for every rental room
CLASS - INDUSTRIAL USES
(a) Hazardous Industry
One space for every employee, plus 3
(b) General Industry
One space for every employee, plus 3
(c) Light Industry
One space for every employee, plus 3
CLASS - NON-BUILDING USES
(a) Outdoor Recreation
As specified by Council
(b) Conservation
As specified by Council
(c) Cemetery
As specified by Council
(d) Scrap Yard
As specified by Council
(e) Animal
Min. of 2 spaces plus one space for every 20m2 of gross floor
area
(f) Transportation
As specified by Council