Town of Harbour Main-Chapel's Cove-Lakeview Development Regulations
Harbour Main-Chapel's Cove-Lakeview, Newfoundland and Labrador
· adopted 2016-10-26
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Prepared for:.
The Town of Harb.our Main
Chapel's Cove
Lakeview
Prepared by:
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CBCL Limited
Date:
January 2016
Project#:
CBCL LIMITED
143120.00
Ccnsut.ing Eng,neers
Urban and Rural Planning Act
Resolution to Adopt
Town of Harbour Main - Chapel's Cove - Lakeview
2016
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
Town Council of Harbour Main - Chapel's Cove - Lakeview adopts the Harbour Main -
Chapel's Cove - Lakeview Development Regulations 2016.
Adopted by the Town Council of Harbour Main - Chapel's Cove - Lakeview on the
26th day of October, 2016.
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Signed and sealed this Js day of i.?&guJi , 2017.
Mayor: -~GJ~
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Clerk:da....~a;~
Canadian Institute of Planners Certification
I certify that the attached Development Regulations have been prepared in
accordance with the requirements of the Urban and Rural Planning Act 2000.
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Urban and Rural Planning Act
Resolution to Approve
Town of Harbour Main - Chapel's Cove - Lakevie·w
Development Regulations, 2016
Under the authority of section 16, section 17 and section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Harbour Main - Chapel's Cove - Lakeview
1)
adopted the Harbour Main - Chapel's Cove - Lakeview Development
Regulations 2016 on the 26th day of October ,2016.
2)
gave. notice of the adoption of the Harbour Main - Chapel's Cove - Lakeview
Development Regulations, 2016 by advertisement, inserted on the 10th day
and the 17th day of November, 2016 in the Shoreline.
3)
set the 29th day of November at 7:00 p.m. at the Parish Hall, Harbour Main -
Chapel's Cove - Lakeview Town Hall, for the holding of a public hearing to
consider objections and submissions.
4)
A number of written objections with respect to the Development Regulations
were received at the Harbour Main-Chapel's Cove-Lakeview Town Office
within the time stipulated in the notice of public hearing and the hearing
proceeded as advertised.
5)
The Town Council of Harbour Main-Chapel's Cove-Lakeview considered the
Commissioner's report and approved the Harbour Main-Chapel's Cove-
evelopment Regulations, 2016, at a regular meeting of Council
held
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I < , 2017, with the following changes:
a)
The Residential Use Zone Table has been revised by adding the following
to the list of Permitted uses:
Building Supply Store - Limited to Hickey's Building Supplies property,
Conception Bay Highway.
b)
Condition 9.5.5 in the Residential Use Zone is revised to read :
Proposed residential development, whether in the form of a single lot or o
residential subdivision development, shall be in accordance with the
requirements of Section 4.23 of these Regulations. Any subdivision of
land to create 4 or more lots shall be referred to the Water Resources
Management Division, Department of Municipal Affairs and
Environment, ond shall be required to undertake a groundwoter
assessment in accordance with provincial policy for unserviced
subdivision development.
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c)
Adding Condition 9.5.7 in the Residential Use Zone as follows:
9.5. 7 Development Along Public Rights of Way
Where a development is proposed that is along an existing public right of
way, but beyond either the Limit of Servicing, or the end of the publicly
maintained portion of the ROW, a developer shall, at the developer's
expense, upgrade the ROW to a standard established by Council for a
public street. No building permits will be issued until the ROW has been
upgraded and inspected to ensure that is meets the required standard.
d)
Adding Condition 9.11.4 to the Wellhead Protection Use Zone in Section
9.11:
9.11.4
Existing Uses
Existing uses shall be permitted to continue. Any change in use, or
expansion to an existing use, shall be referred to the Water Resources
Management Division for review under the Water Resources Act.
Development may be refused where it would negatively affect the safety
of the water supply.
a)
The Land Use Zoning Map is revised by changing lands zoned Rural and
Environmental Protection to Residential north of the Conception Bay
Highway, and some areas to the south. Lands around the east side of
Third Pond are zoned Environmental Protection. Map labels for
waterbodies, streets and landmarks have been added or corrected.
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SIGNED AND SEALED this/ 5'"
day of btt uJ, , 2017.
Mayor: --'ru_=
.-..<--L....=J,~=M=-=--=-· __
Clerk:
Dc\clop111cnt Rcg11latiom./Amc11dmcat
REGISTERED
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Table of Contents
1
Application ................................................................................................................................................. 1
1.1
Title ................................................................................................................................................................. 1
1.2
Interpretation ............................................................................................................................................. 1
1.3
Commencement. ........................................................................................................................................ 1
1.4
Municipal Code and Regulations ........................................................................................................ 1
1.5
Authority ...................................................................................................................................................... 1
1.6
Delegation of Authority .......................................................................................................................... 1
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2
1.7
Provincial Development Regulations ............................................................................................... 1
Definitions .................................................................................................................................................. 2
3
General Regulations ............................................................................................................................ 10
3.1
Pern1it to Develop Required .............................................................................................................. 1 O
3.2
Compliance with Regulations ........................................................................................................... 10
3.3
Decisions ofCouncil .............................................................................................................................. 10
3.4
Permit to be Issued ............................................................................................................................... 10
3.5
Permit Not to be Issued in Certain Cases ..................................................................................... 10
3.6
Discretionary Powers ........................................................................................................................... 11
3. 7
The Application ...................................................................................................................................... 11
3.8
Register of Application ........................................................................................................................ 11
3.9
Deferment of Application ................................................................................................................... 11
3.10
Approval in Principle ........................................................................................................................... 11
3.11
Approval .................................................................................................................................................... 12
3.12
Development Permit ............................................................................................................................ 12
3.13
Revoke Permit. ........................................................................................................................................ 13
3.14
Public Notice ............................................................................................................................................ 13
3.15
Licenses, Permits and Compliance with Other Bylaws .......................................................... 13
3.16
Right of Entry .......................................................................................................................................... 13
3.17
Stop Work Order and Prosecution ................................................................................................. 13
3.18
Service Levy ............................................................................................................................................. 14
3.19
Financial Guarantees by Developer ............................................................................................... 14
3.20
Dedication of Land for Public Use ................................................................................................... 14
3.21
Reinstatement of Land ......................................................................................................................... 14
3.22
Notice of right to appeal.. .................................................................................................................... 15
3.23
Appeal requirements ............................................................................................................................ 15
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3.24
Appeal registration ............................................................................................................................... 15
3.25
Development prohibited ..................................................................................................................... 16
3.26
Hearing notice and meetings ............................................................................................................ 16
3.27
Hearing of evidence .............................................................................................................................. 16
3.28
Board decision ........................................................................................................................................ 16
3.29
Variances ................................................................................................................................................... 17
3.30
Notice of variance .................................................................................................................................. 17
3.31
Residential non conformity ............................................................................................................... 17
3.32
Notice and hearings on change ofuse ........................................................................................... 17
3.33
Non-conformance with standards .................................................................................................. 17
3.34
Discontinuance of nonconforming use ......................................................................................... 18
3.35
Delegation of powers ........................................................................................................................... 18
4
General Development Standards .................................................................................................... 19
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4.1
Access and Service Streets ................................................................................................................. 19
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.17
4.18
4.19
4.20
4.21
4.22
Accessory Buildings .............................................................................................................................. 19
Accessory Uses Permitted .................................................................................................................. 19
Advertisements ....................................................................................................................................... 19
Alterations to the Natural Environment ...................................................................................... 20
Archaeological Assessment ............................................................................................................... 20
Buffer Strips ............................................................................................................................................. 20
Building Height ....................................................................................................................................... 20
Building Line. and Setback .................................................................................................................. 20
Landscaping and Screening ............................................................................................................... 21
Lot Area ...................................................................................................................................................... 21
Lot Area and Size Exceptions ............................................................................................................ 21
Lot Frontage ............................................................................................................................................. 21
Non-Conforming Uses .......................................................................................................................... 21
Offensive and Dangerous Uses ......................................................................................................... 22
Parks, Playgrounds, and Conservation Uses ............................................................................... 2 2
Side Yards ................................................................................................................................................. 22
Soils and Drainage ................................................................................................................................. 22
Soil Removal, Deposit and Site Grading ........................................................................................ 22
Storage and Screening of Refuse Containers .............................................................................. 22
Watercourse Protection ...................................................................................................................... 22
Water Pressures/Fire Flows ............................................................................................................. 23
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4 .23
Servicing Development ....................................................................................................................... 23
4.24
Provincial T'Railway Park .................................................................................................................. 23
4.25
Development Along Provincial Highways ................................................................................... 23
Off-Street. Parking and Loading ....................................................................................................... 24
5.1
Parking Required ................................................................................................................................... 24
5.2
Parking Spaces ........................................................................................................................................ 24
5.3
Parking Area Design Standards ....................................................................................................... 24
5.4
Parking Access Specifications ........................................................................................................... 24
5.5
Off-Street Loading Requirements ................................................................................................... 24
Signs .......................................................................................................................................................... 25
6.1
Permit Required ..................................................................................................................................... 25
6 .2
Provincial Highway Sign Regulations ............................................................................................ 25
6.3
Form of Application .............................................................................................................................. 25
6.4
Signs Prohibited in Street Reservation ......................................................................................... 25
6.5
Pern1it Valid for Limited Period ....................................................................................................... 25
6.6
Ren1oval of Signs .................................................................................................................................... 25
6.7
Signs Exempt fron1 Control ................................................................................................................ 25
6.8
Approval Subject to Conditions ....................................................................................................... 26
6.9
Non-Conforming Uses .......................................................................................................................... 26
6.10
Prohibited Signs ..................................................................................................................................... 26
6.11
General Standards for Signs .............................................................................................................. 26
Subdivision of Land .............................................................................................................................. 27
7.1
Permit Required ..................................................................................................................................... 27
7.2
Services to be Provided ....................................................................................................................... 27
7.3
Payment of Service Levies and Other Charges .......................................................................... 27
7.4
Issue of Permit Subject to Considerations ................................................................................... 27
7.5
Proposals for Subdivision of Land .................................................................................................. 27
7.6
Forn1 of Application .............................................................................................................................. 28
7.7
Subdivision Subject to Zoning .......................................................................................................... 28
7.8
Building Lines .......................................................................................................................................... 28
7.9
Land for Public Open Space ............................................................................................................... 28
7.10
Structure in Street Reservation ....................................................................................................... 28
7 .11
Development Agreement. ................................................................................................................... 29
7.12
Subdivision Design Standards .......................................................................................................... 29
7.13
CuldeSacs ................................................................................................................................................ 30
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7.14
Engineer to Design Works and Certify Construction Layout ............................................... 30
7.15
Street Works May Be Deferred ......................................................................................................... 30
7.16
Deposit of Securities ............................................................................................................................. 30
7.17
Transfer of Streets and Utilities to the Town ............................................................................. 30
7.18
Restriction on Sale of Lots .................................................................................................................. 31
8
Special Developments ......................................................................................................................... 32
8.1
Bed and Breakfast Establishments ................................................................................................. 32
8.2
Convenience Stores ............................................................................................................................... 32
8.3
General Industry .................................................................................................................................... 32
8.4
Home Childcare ...................................................................................................................................... 32
8.5
Home Based Business .......................................................................................................................... 33
8.6
Home Based Business in Accessory Buildings ........................................................................... 33
8.7
Service Stations ...................................................................................................................................... 33
9
Use Zone Tables .................................................................................................................................... 34
9.1
Use Zones .................................................................................................................................................. 34
9.2
Pern1itted Uses ........................................................................................................................................ 34
9.3
Discretionary Uses ................................................................................................................................ 34
9.4
Prohibited Uses ....................................................................................................................................... 34
9.5
Residential (RES) ................................................................................................................................... 35
9.6
Con1munity Centre (CC) ...................................................................................................................... 37
9. 7
Environmental Protection (EP) ....................................................................................................... 39
9.8
Open Space Recreation (OSR) ........................................................................................................... 40
9.9
Rural (RUR) .............................................................................................................................................. 41
9.10
Protected Public Water Supply (PPWS) ....................................................................................... 44
9.11
Wellhead Protection (WP) ................................................................................................................. 45
Appendices
A
Zoning Map
B
Provincial Development Regulations
C
Classifications of Land Uses and Buildings
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Application
1.1
Title
These Regulations may be cited as the Town of Harbour Main - Chapel's Cove - Lakeview
Development Regulations.
1.2
Interpretation
1)
Words and phrases used in these Regulations shall have the meanings ascribed to them in
Section 2 of these Regulations.
2)
Words and phrases not defined in these Regulations shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
1.3
Commencement
These Regulations come into effect through the Harbour Main - Chapel's Cove - Lakeview Municipal
Planning Area, hereinafter referred to as the Planning Area, on the date of publication of a notice
to that effect in the Newfoundland and Labrador Gazette.
1.4
Municipal Code and Regulations
The National Building Code of Canada, Fire Code of Canada and any other ancillary code and any
Building Regulations, Waste Disposal Regulation and/or any other municipal regulations regulating
or controlling the development, conservation and use of land in force in the Town of Harbour Main
- Chapel's Cove - Lakeview shall, under these Regulations apply to the entire Planning Area.
1.5
Authority
In these Regulations, "Authority" means the Council of the Town of Harbour Main - Chapel's Cove -
Lakeview.
1.6
Delegation of Authority
Where the term Council is referenced in these Regulations, Council may delegate its authority to
administer these Regulations or part thereof to an employee of Council or an agent of Council, by a
resolution of Council.
1.7
Provincial Development Regulations
Appropriate sections of the Urban and Rural Planning Act, 2000 and the full text of the Provincial
Development Regulations have been incorporated into the Harbour Main - Chapel's Cove -
Lakeview Development Regulations and are marked as follows:
Urbari and Rural
Planning
Reg. X
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Provincial
Reg. X
Where there is a conflict between these Regulations and the Provincial Regulations, the Provincial
Regulations shall apply. A complete copy of the Provincial Development Regulations is attached in
Appendix B.
Harbour Main- Chapel's Cove - Lakeview Development Regulations
Application
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Definitions
2.1
2.2
Access means a way used or intended to be used by vehicles, pedestrians or animals in order to
go from street to adjacent or nearby land or to go from that land to the street.
Accessory Building means
a)
A detached subordinate building not used as a dwelling, located on the same lot, or on a lot
adjacent to the main building to which it is an accessory,
and which has a use that is customarily incidental and
complementary to, the main use of the building or land
(see illustration);
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Provincial
Reg. 4(a)
Provincial
Reg. 4(b)
b)
For residential uses, domestic garages, carports, ramps,
sheds, swimming pools, greenhouses, cold frames, fuel
sheds, vegetable storage cellars, shelters for domestic
pets or radio and television antennae;
main building
2.3
2.4
c)
For commercial uses, workshops or garages; and
d)
For industrial uses, garages, offices, raised ramps and
docks.
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 means the Urban and Rural Planning Act, 2000.
Provincial
Reg. 4(c)
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Provincial
Reg. 2(a)
2.5
Agriculture means horticulture, fruit, grain or seed growing, dairy farming, the breeding or rearing
of livestock, including any creature kept for the production of food, wool, skins, or fur, or for the
purpose of its use in the farming of land, the use of land as grazing land, meadow land, market
gardens and nursery grounds and the use of land for woodlands where that use is ancillary to the
farming of land for any other purpose. "Agriculture" shall be construed accordingly.
2.6
Appeal Board means the appropriate Appeal Board established under the Act.
2.7
Applicant means a person who has applied to an authority for an approval or permit to carry
out a development.
2.8
Bed and Breakfast Establishment means a single dwelling unit in which the resident supplies,
for compensation, no more than 4 bedrooms for the temporary accommodation of travelers.
2.9
Building means
a)
A structure, erection, alteration or improvement placed on, over or under land, or
attached, anchored or moored to land,
b)
Mobile structures, vehicles and marine vessels adapted or constructed for residential,
commercial, industrial and other similar uses,
c)
A part of, and fixtures on, buildings referred to in (a) and (b), and
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Definitiom
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Reg. 2(bl
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Rec. 2 (c)
d)
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 (a) or (c).
2.10
Building Height means the vertical distance, measured in meters from the established grade to
the;
a) highest point of the roof surface of a flat roof;
b) deck line of a mansard roof;
c)
mean height level between the eave and the ridge of a gable, hip or gambrel roof;
d) and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above the roof.
Oat roof
mansard roof
gable roof
building
height
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Provincial
Reg. 4(d)
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2.11
Building line means a line established by an authority that runs parallel to a street line and
is set at the closest point to a street that a building may be placed (see lot frontage for
illustration).
Provincial
Reg. 4(e)
2.12
Convenience Store means a building used as a store that serves the primary needs of the
adjacent neighbourhood and includes the sale of magazine, confectionary and grocery items, rental
of video movies, and a delicatessen or snack bar provided that any eating facility is within a wholly
enclosed building.
2.13
Daycare Centre or Day Nursery means a building or part of a building in which services and
activities are regularly provided to children of pre-school age during the full daytime period as
defined under the Childcare Services Act, but does not include a school as defined by the Schools
Act.
2.14
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;
a) Making of an access onto a highway, road or way,
b) Erection of an advertisement or sign,
c)
Construction of a building,
d) Parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an
office, or for living accommodation,
And excludes:
Urban and Rural
Plarinrng
Reg. 21g)
Harbour M ain - Chapel's Cove - Lakeview Development Regulations
Definit ions
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e) 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;
f)
Carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the road
reservation;
g) Carrying out by a local authority or statutory undertake.rs of works for the purpose of
inspecting, repairing or renewing sewers, mains, pipes, cables or other apparatus, including
the breaking open of street or other land for that purpose; and
h) Use of a building or land within the courtyard of a dwelling house for a purpose incidental
to the enjoyment of the dwelling house as a dwelling.
2.15
Discretionary Use means a use that is listed within the discretionary use classes established in
the use zone tables of an authority's development regulations.
2.16
Dwelling, Single Detached Unit means a self-contained unit consisting of one or more habitable
rooms used or designed as the living quarters for one household.
2.17
Dwelling, Double Unit (or Duplex) means a building containing two dwelling units, placed one
above the other, or side by side, but does not include a self-contained dwelling containing a
subsidiary apartment.
2.18
Dwelling, Townhouse means three or more dwelling units, each with a separate entrance,
constructed side by side and separated by common vertical walls.
2.19
Dwelling, Apartment Building means a building containing three or more dwelling units, but
does not include a row dwelling.
2.20
Erect means to build, construct, reconstruct, alter or relocate and without limiting the generality of
the foregoing, shall include any preliminary physical operation such as excavating, grading, piling,
cribbing, filling or draining, or structurally altering any existing building or structure by an addition,
deletion, enlargement or extension.
2.21
Established Grade means
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Provincial
Reg. 4(f)
a)
Where used in reference to a building, the
average elevation of the finished surface of
the ground where it meets the exterior or the
front of that building, exclusive of any
artificial embankment or entrenchment, or
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Provincial
Reg. 4(9)
b)
Where used in reference to a structure that is
not a building, the average elevation of the
finished grade of the ground immediately
surrounding the structure, exclusive of an
artificial embankment or entrenchment.
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Definitions
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""';;ll::::::::: ::===~~::-=-r=-1 ighest elevation
--d
--established grade
B
lowest elevation
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2.22
Existing means legally existing as of the effective date of these Regulations.
2.23
Floor Area means the total area of all floors in a building measured to the outside face of
exterior walls.
2.24
General Industry means the use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, packihg, canning, preparing, breaking up,
demolishing, or treating any article, commodity or substance.
2.25
General Garage means land or buildings used exclusively for repair, maintenance and storage of
motor vehicles and may include the sale of gasoline or diesel oil.
2.26
Home Occupation means an accessory use of a dwelling and/or accessory building for gainful
employment involving the provision or sale of goods and/or services.
2.27
Inspector means any person appointed and engaged as an Inspector by the Authority or by any
federal or provincial authority or the agent thereof.
2.28
Land includes land covered by water, and buildings and structures on, over, under the soil and
fixtures that form part of those buildings and structures.
2.29
Landscaping means any combination of trees, shrubs, flowers, grass or other horticultural
elements, decorative stonework, paving, screening or other architectural elements, all of which is
designed to enhance the visual amenity of a property or to provide a screen between properties in
order to mitigate objectionable features between them.
Provincial
Reg. 4(h)
2.30
Light Industry means use of any land or buildings for any general industrial use that can be carried
out without hazard or intrusion and without detriment to the amenity of the surrounding area by
reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
2.31
Livestock means domestic animals such as cattle, poultry or horses raised for home use or for
profit.
2.32
Loading Space means an area of land provided for use for the temporary parking of a commercial
motor vehicle where merchandise or materials are loaded or unloaded from the vehicles.
2.33
Lot means a plot, tract, or parcel of land which can be considered as a unit of land for a
particular use or building.
2.34
Lot Area means the total horizontal area within the lines of the lot.
Harbour Main - Chapel's Cove - Lakeview Development Regulations
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Provincial
Reg. 40)
Provincial
Reg. 4(k)
Definitions
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2.35
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.
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Reg. 4(1)
Lot coverage= Area of A + Area of B
Lot area
2.36
Lot line means an outer boundary for a specific lot.
2.37
Lot line, Front means the line dividing a lot from the street. For a corner lot, the shorter lot line
adjacent to the street shall be deemed the front lot line and the longer lot line abutting the street
shall be deemed the flanking lot line.
2.38
Lot Frontage means the horizontal distance between side lot lines measured at the building line
(the distance between points A and B in illustration below).
Provincial
Reg. 4(i)
2.39
Lot line, Rear means the lot line on the
opposite side of the front lot line.
-·················~---------··-· rear lot line-···············-·------·--.
2.40
2.41
2.42:
2.43
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 street on a corner lot.
Main Building means any building in which is
carried on the principal purpose for which the lot
is used.
Marina means a dock or basin together with
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-------building line
- - -- front lot line - .:. - -.. - - - -- · - -
street
associated facilities where slips, moorings, supplies, repairs, and other services that are typically
available for boats and other watercraft, including storage, sales and rentals, and may include a
club house.
2.44
Mineral Working means land or buildings used for the working or extraction of any naturally
occurring substance, including a pit or quarry.
2.45
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.
2.46
Owner means a person or an organization of persons owning or having the legal right to use
the land under consideration.
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Provincial
Reg. 4(m)
Provincial
Reg. 4(n)
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Definitions
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2.47
Permitted Use means a use that is listed within the permitted use classes set out in the use
zone tables of an authority's development regulations.
Provincial
Reg. 4(o)
2.48
Prohibited Use means a use that is not listed in a use zone within the permitted use classes
or discretionary use classes or a use that an authority specifies as not permitted within a use
zone.
Provincial
Reg. 4(p}
2.49
Public Use means any lands, structure or building which is constructed for use by the general
public, including but not limited to parks, playgrounds, trails, paths and other recreational and
open spaces, scenic and historic sites, publicly funded buildings such as schools, hospitals, libraries
and other public buildings and structures.
2.50
Recreational Use means the use of land for parks, playgrounds, tennis courts, lawn bowling
greens, athletic fields, golf courses, picnic areas, swimming pools, day camps, walking trails, and
similar uses.
2.51
Restaurant means a building or part thereof, designed or intended to be used or occupied for the
purpose of serving the general public with meals or
refreshments for consumption on the premises.
2.52
Screening means the method by which a view of one
site from another adjacent site is shielded, concealed
or hidden. The example on the right shows trees and
fences being used to screen a parking lot from public
view.
2.53
Service Station means any land or building used exclusively for the sale of petroleum products,
automotive parts and accessories, minor repairs, washing and polishing of motor vehicles.
2.54
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 of the serving
of meals or refreshments, an amusement use, a general garage, or a service station.
2.55
Sign (or advertisement) 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.
2.56
Sign Area means the area of the smallest rectangle, circle, or semi-circle that can enclose the
surface area of the sign. Where a sign has two faces or more, the maximum area is permitted for
each of the two faces.
Provincial
Reg. 4(q)
Harbour Main - Chapel's Cove - Lakeview Development Regulations
Definitions
7
2.57
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.
2.58
Street Line means the edge of a street reservation as defined by the Authority having
jurisdiction.
2.59
Street Right-of-Way means a strip
of land between the street lines,
acquired by reservation, dedication
or forced dedication intended to be
occupied by a public street, road or
highway.
street ~I
street right-of-way
~
Provincial
Reg. 4(tl
'I!'
Provincial
Reg. 4(u)
2.60
Subdivision means the dividing of land, whether in single or joint ownership, into two
or more pieces for the purpose of development.
Urban and Rural
Planning
Reg. 2(q)
2.61
Subsidiary Apartment means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
2.62
2.63
2.64
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 depart.ure, 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 of the
authority's regulations.
2.65
Watercourse means any lake, pond, river, stream or other body of water.
.
..
~
Provincial
Reg. 4(v)
-"".
Provincial
Reg. 4(w)
~
Provincial
Reg. 4(x)
2.66
Wetland means the land usually or at any time occupied by water, where the water table is at or is
just above the surface of the land either permanently or intermittently, depending upon the class
of the wetland which includes bogs, fens, marshes, swamps and shallow water zones along
shorelines of bodies of water.
8
Definitions
CBCL Limited
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2.67
Yard means an open uncovered
space on a lot appurtenant to a
~
I
building (except a court) and
~
unoccupied by buildings or
~
structures except as specifically
permitted elsewhere in these
Abua:lngYerd
0
Regulations.
. ·-+
AewYard
Abutting Yard
2.68
Yard, Rear means the distance
J
between the rear lot line and the [L
r
I ~
rear wall of the main building on
j
C
§
f
.,
a lot.
~
FrontVan::I
2.69
Yard, Side means the distance
-
-
-
-
between the side lot line and the
1..)
0
1~1~
nearest side wall of a building on
I
the lot.
~
:
/
I
('
I
2.70
Yard, Front means the distance
.
between the front lot line of a lot
and the front wall of the main building on the lot.
2.71
Yard, Flanking means the side yard of a corner lot bounded by the street.
2.72
Yard, Abutting means the yard of an abutting lot which shares a lot line of subject property.
2.73
Zoning Map means the map or maps attached to and forming a part of the authority's
regulations.
Harbour Main- Chapel's Cove - Lakeview Development Regulations
~
Provincial
Reg. 4(rl
"°I'
Provincial
Reg. 4(s)
-;:
Provincial
Reg. 4(y)
Definitions
9
3
General Regulations
3.1
Permit to Develop Required
No person shall carry out any development within the Planning Area except where otherwise
provided in these Regulations unless a permit for the development has been issued by the Council.
3.2
Compliance with Regulations
Development shall be carried out and maintained within the Planning Area in accordance with the
Municipal Plan, these Regulations, conditions stated in a Development Approval, and any other by-
law or regulation enacted by the Authority.
3.3
Decisions of Council
Decisions made by Council with respect to a permit required by these Regulations shall be made in
writing, and state the reasons for a refusal of, or conditions attached to a permit. Council shall also
advise the person to whom the decision applies of their right to appeal, in accordance with Section
42 of the Act and the requirements of Section 3.22 of these Regulations.
3.4
Permit to be Issued
Subject to Regulations 3.5 and 3.6, a permit shall be issued for development within the Planning
Areas that conforms to:
a) The policies expressed in the Municipal Plan and any further scheme, plan, or regulation
pursuant thereto;
b) The general development standards set out in Section 4 of these Regulations, the
requirements of Section 6, 7 and 8 of these Regulations, and the use classes, standards,
requirements, and conditions prescribed in Sections 9 of these Regulations for the use zone
in which the proposed development is located;
c) The standards set out in the Building Code and/or other ancillary codes, and any Building
Regulations, Waste Disposal Regulations, and/or any other municipal regulation in force in
the Planning Area regulating or controlling development, conservation and use of land and
buildings;
d) The standards set out in Section 5 of these Regulations in the case of off-street parking and
loading;
e) The standards set out in Section 6 of these Regulations in the case of signs and
advertisement;
f)
The standards set out in Section 7 of these Regulations in the case of subdivision; and
g) The standards of design and appearance established by Council.
3.5
Permit Not to be Issued in Certain Cases
No permit or approval in principle shall be issued for development within the Planning Area when,
in the opinion of Council, it is premature by reason of the site lacking adequate road access, power,
drainage, sanitary facilities, or domestic water supply, or being beyond the natural development of
the area at the time of application unless the applicant contracts to pay the full cost of construction
10 General Regulations
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of the services deemed necessary by Council and such cost shall attach to and upon the property in
respect of which it is imposed.
3.6
Discretionary Powers
In considering an application for a permit or for approval in principle to carry out development,
Council shall take into account the policies of the Municipal Plan and shall assess the general
appearance of the development of the area, the amenity of the surroundings, availability of
utilities, public safety, and any other considerations which are, in its opinion, material, and
notwithstanding the conformity of the application with the requirements of these Regulations,
Council may, in its discretion, and as a result of its consideration of the matters set out in this
Regulation, conditionally approve or refuse the application.
3.7
The Application
1}
Applications for a Permit to Develop or an Approval in Principle shall be made only by the
owner, the owner's agent or person authorized by the owner, on an application form
prescribed by Council. Every application shall include such plans, specifications, drawings and
fee as may be required.
2}
Council shall, on request, supply to every applicant a copy of the application forms referred to
in Regulation 3.7(1) and a description of the plans, specifications, drawings and fee required
to be provided with the application.
3.8
Register of Application
Council shall kee.p 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.
3.9
Deferment of Application
1)
Council may, with the written agreement of the applicant, defer consideration of an
application; and
2)
Applications properly submitted in accordance with these Regulations which have not been
determined by Council and on which a decision has not been communicated to the applicant
within eight weeks of the receipt thereof by Council, and on which consideration has not been
deferred in accordance with Regulation 3.9(1), shall be deemed to be refused.
3.10
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,
c)
submission of detailed plans,
d}
any additional 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 Regulations.
Harbour Main - Chapel's Cove - Lakeview Development Regulations
General Regulations 11
3)
An Approval in Principle shall be valid for 2 years.
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.
3.11
Approval
Approval for an application is granted by Council in the form of a Development Permit or Building
Permit for applications approved under these Regulations.
3.12
Development Permit
1)
A plan or drawing which has been approved by Council and which bears a mark and/or
signature indicating such approval together with a permit shall be deemed to be permission to
develop. Such permission shall not relieve the applicant from
a) full responsibility for obtaining permits or approvals under any other regulation or statute
prior to commencing the development;
b) having the work carried out in accordance with these Regulations or any other regulations
or statutes; and
c)
compliance with all conditions attached to an approval or a permit.
2)
Council may attach to a permit or to approval in principle such conditions as it deems fit in
order to ensure that the proposed development will be in accordance with the purpose and
intent of these Regulations.
3)
Where Council deems necessary, permits may be issued on a temporary basis for a period not
exceeding two years, which may be extended in writing by Council for further periods.
4)
A permit is valid for two years. If the development has not commenced, the permit may be
renewed for a further period not in excess of one year, but a permit shall not be renewed
more than once, except in the case of a permit for an advertisement, which may be renewed in
accordance with Section 6 of these Regulations;
5)
The approval of any application and plans or drawings or the issue of a permit shall not
prevent Council from thereafter requiring the correction of errors, or from ordering the
cessation, removal of, or remedial work on any development being carried out in the event
that the same is in violation of this or any other regulations or statute;
6)
No person shall erase, alter or modify any drawing or specifications upon which a permit to
develop has been issued by Council; and
7)
There shall be kept available on the premises where any work, matter or thing is being done
for which a permit has been issued, a copy of the permit and any plans, drawings or
specifications on which the issue of the permit was based during the whole progress of the
work, or the doing of the matter or thing until completion.
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3.13
Revoke Permit
Council may revoke an approval and any subsequent permits for failure by the applicant or
developer to comply with these Regulations or any condition attached to the permit or where the
permit was issued in error or was issued contrary to the applicable regulations or was issued on the
basis of incorrect information.
3.14
Public Notice
1)
Council shall provide public notice for a period of not less than:
a) 7 days - when considering a variance in accordance with Section 3.29; and
b) 14 days - when considering a change in a non-conforming use in accordance with Section
3.31; or development which is listed as a Discretionary use in any use zone in Section 9 of
these Regulations.
2)
Council may require public notice of any development application where, in the opinion of
Council, such notice is required for information and public consultation purposes.
3)
Council shall require the cost of the public notice or portion thereof to be paid by the applicant
and that such notice shall be by public advertisement in a newspaper circulating in the area or
by any other means deemed necessary or appropriate by Council.
3.15
Licenses, Permits and Compliance with Other Bylaws
Nothing in these regulations shall exempt any person from complying with the requirements of any
By-Law in force within the Town of Harbour Main - Chapel's Cove - Lakeview, or from obtaining any
license, permission, permit, authority or approval required by any statute or regulation of the
Province of Newfoundland and Labrador or the Government of Canada.
3.16
Right of Entry
Council or other person or persons authorized by the municipality, may enter upon any public or
private land and may at all reasonable times enter any development or building upon the land for
the purpose of making surveys or examinations or obtaining information relative to the carrying
out of any development, construction, alteration, repair, or any other works whatsoever which the
Council is empowered to regulate.
3.17
Stop Work Order and Prosecution
1)
Where a person begins a development contrary or apparently contrary to these Regulations,
Council may order that person to pull down, remove, stop construction, fill in or destroy that
building or development and may order the person restore the site or area to its original state,
pending final adjudication in any prosecution arising out of the development; and
2)
A person who does not comply with an order made under Regulation 3.17(1) is guilty of an
offence under the provisions of the Act.
Harbour Main - Chapel's Cove - Lakeview Development Regulations
General Regulations 13
3.18
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 in accordance with Section 149(2) of the Municipalities Act, SN, 1999.
2)
A service levy shall not exceed the cost, including finance charges to Council of constructing or
improving the public works referred to in Regulation 3.18{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 be paid by the owner of the real property benefited and
may specify the time for payment. The amount of the service levy will be outlined in the
Town's Schedule of Rates and Fees.
3.19
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 of licence;
2)
The financial provisions pursuant to Regulation 3.18(1) may be made in the form of:
a) a cash deposit from the developer, to be held by the Council, or;
b) a security or guarantee by a bank, or other institution acceptable to Council, for
expenditures by the developer, or;
c) a performance bond provided by an insurance company or a bank.
3.20
Dedication of Land for Public Use
Council may, for a development not involving a subdivision, require a portion of the land to be
developed to be conveyed to the Town for a public purpose where public works are required to
accommodate the proposed development.
3.21
Reinstatement of Land
Council may order the developer, the site occupier, the owner, or any of them to restore the site to
the satisfaction of Council where
a) the use of land is discontinued;
b) the intensity of the use is decreased;
c)
a Permit to Develop has been revoked; or
d) a Temporary Permit to Develop has expired.
14 General Regulations
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3.22
Notice of right to appeal
Where an authority makes a decision that may be appealed under Section 42 of the Act, that
authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the;
a)
person's right to appeal the decision to the board;
b) time by which an appeal is to be made;
c)
right of other interested persons to appeal the decision; and
d) manner of making an appeal and the address for the filing of the appeal.
3.23
Appeal requirements
1)
The secretary of the board at the Department of Municipal Affairs, Main Floor,
Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., AlB 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)
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.
3)
The board that hears the decision being appealed shall, subject to subsection 44(3) of the
Act, retain the fee paid to the board.
4)
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.
3.24
Appeal registration
1?
Provincial
Reg.5
Provincial
Reg.6
,. .
11;?
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 3.23(1) and (2) (Subsections 6(1) and
(2), Provincial Development Regulations) shall immediately register the appeal.
Provincial
Reg. 7
2)
Where an appeal has been registered the secretary of the board shall notify the appropriate
authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
3)
Where an authority has been notified of an appeal that authority shall forward to the
appropriate board a copy of the application being appealed, all correspondence, council
minutes, plans and other relevant information relating to the appeal including the names and
addresses of the applicant and other interested persons of whom the authority has
knowledge.
Harbour Main - Chapel's Cove - Lakeview Development Regulations
General Regulations 1S
4)
Upon receipt of the information under subsection (3), the secretary of the board shall publish
in a newspaper circulated in the area of the appropriate authority, a notice that the appeal has
been registered.
5)
A notice published under subsection (4) shall be published not fewer than 2 weeks before the
date upon which the appeal is to be heard by the board.
3.25
Development prohibited
3.26
3.27
1)
Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
2)
Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
3)
Upon receipt of a notification of the registration of an appeal with respect to an order under
section 102 of the Act, an authority shall not carry out work related to the matter being
appealed.
Hearing notice and meetings
1)
A board shall notify the appellant, applicant, authority and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days before
the date scheduled for the hearing of the appeal.
2)
A board may meet as often as is necessary to conduct its work in an expeditious manner.
Hearing of evidence
1)
A board shall meet at a place within the area under its jurisdiction and the appellant and otl
persons notified under subsection 3.26(1) (Subsection 9(1) of the Provincial Development
Regulations) or their representative may appear before the board and make representation
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 viewi11~
of a property shall be considered to have been provided in the same rnanner 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.
3.28
Board decision
A decision of the board must comply with the plan, scheme or development regulations that
apply to the matter that has bee.n appealed to that board.
16 General Regulations
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Provincial
Reg. 9
Provincial
Reg. 10
~i;y
Provincial
Reg. 11
J
Provincial
Reg. 8
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3.29
Variances
1) Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development
regulations, an authority may, in its discretion, vary the applicable development
standards to a maximum of 10% if, in the authority's opinion, compliance with the
development standards would prejudice the proper development of the land, building
or structure in question or would be contrary to public interest.
Provincial
Reg.12
2) An authority shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be
made with respect to the same land, building or structure, would have a cumulative effect that
is greater than a 10% variance even though the individual variances are separately no more
than 10%.
3) An authority shall not permit a variance from development standards where the proposed
development would increase the nonconformity of an existing development.
3.30
Notice of variance
3.31
3.32
Where an authority is to consider a proposed variance, that authority shall give written notice of
the proposed variance from development standards to all persons whose land is in the
immediate vicinity of the land that is the subject of the variance.
Res.idential 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.
Notice and hearings on change of use
Where considering a nonconforming building, structure or development under paragraph
108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming
building, structure or development, an authority, at the applicant's expense, shall publish a
notice in a newspaper circulating in the area or by other means give public notice of an
application to vary the existing use of a non-conforming building, structure or development and
shall consider any representations or submissions received in response to that advertisement.
3.33
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.
-rr:
Provincial
Reg.13
'"!:i
/f7
Provincial
Reg. 14
;r;
Provincial
Reg.15
~
Provincial
Reg. 16
Harbour Main - Chapel's Cove - Lakeview Development Regulations
General Regulations 17
3.34
Discontinuance of nonconforming use
An authority may make development regulations providing for a greater period of time than is
provided under subsection 108(2) of the Act with respect to the time by which a discontinued
nonconforming use may resume operation.
3.35
Delegation of powers
An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
18 General Regulations
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Provincial
Reg. 17
Provincial
Reg. 18
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4
General Development Standards
4.1
Access and Service Streets
1)
Access shall be located to the specification of Council so as to ensure the greatest possible
convenience and safety of the street system.
2)
Council may prescribe the construction of service streets to reduce the number of accesses to
collector and arterial streets.
3)
No vehicular access shall be closer than 10 metres to the street line of any street intersection.
4)
No access to a street may be made without the permission of the Authority. Before granting an
approval for an access, the Authority shall have regard to safety and efficiency of the stree,t for
both vehicles and pedestrians.
5)
Access to a Provincial Highway shall be subject to the requirements and approval of the
Department of Transportation and Works.
4.2
Accessory Buildings
1) May be located on the same lot as the main building(s) to which it is accessory; or on a lot
adjoining the lot that contains the main building, where both lots are under the same
ownership.
2)
Accessory buildings shall not be closer to the front lot line than the main building, 2m to the
side lot line and 2m to the rear lot line.
3)
Accessory buildings shall be complementary with the main building in terms of exterior finish,
roofline and pitch.
4) Accessory buildings may have a lot coverage of 7 percent or a maximum floor area of 80 m2,
whichever is greater, and a maximum height of 6 m.
4.3
Accessory Uses Permitted
Where these regulations provide for any land to be used, or building to be erected or used for a
purpose, the purpose shall include any accessory use. Such uses shall be clearly incidental and
complementary to the use of the main building and be contained on the same lot as the main
building or an adjoining lot where both lots are under the same ownership.
4.4
Advertisements
Advertisements shall not be erected or displayed except in accordance with Section 6 and 9 of
these Regulations.
Harbour Main - Chapel's Cove - Lakeview Development Regulations
General Development Standards 19
4.5
Alterations to the Natural Environment
Development proposals shall include plans for grading, ditching, and landscaping. Significant
alterations to the natural environment as part of a development (such as changing the drainage
pattern or removing vegetation) will be considered during the evaluation of development
proposals. Alterations which will adversely affect watercourses or adjacent property as a result of
alterations to watercourses, drainage or grading shall not be· permitted. Topsoil or sods shall not be
removed except with the approval of Council.
4.6
Archaeological Assessment
Applications for development involving major ground disturbance, including works along the
coastline shall be referred to the Provincial Archaeology Office, Historic Resources Division,
Department of Business, Tourism, Culture and Rural Development, for review and consideration
under the Historic Resources Act.
4.7
Buffer Strips
1)
Where development is proposed that, in the opinion of Council, will have a visual impact on a
highway, viewscape or abutting land use, Council may require the owner of the site to provide
a separation buffer to screen the development. The buffer shall include 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 the Council.
2)
Along selected trails and public open spaces, the Authority may require that a buffer of no less
than 15 metres be provided between a development and a designated trail, public amenity
area or public open space.
4.8
Building Height
1)
Council may permit the erection of buildings of a height greater than that specified in Section
9, but in such cases the building line setback and rear yard requirements shall be varied as
follows:
a) The building line setback shall be increased by 2 metres for every 1 metre increase in
height.
b) The rear yard shall not be less than the minimum building line setback calculated as
described in (1) above plus 6 metres.
2)
Height requirements may be waived in the case of communication towers, flagpoles or
chimneys. Where an increase of more than 20% in the permitted height of the structure is
proposed it shall only be authorized under the provisions of Section 3.29 and 3.14.
4.9
Building Line and Setback
Council, by resolution, may establish building lines on an existing or proposed street or service
street and may require any new buildings to be located on those building lines, whether or not such
building lines conform to the standards set out in the use zone tables in Section 9 of these
regulations.
20 General Development Standards
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4.10
Landscaping and Screening
1)
All land except that used for customer parking and vehicle access shall be landscaped and
maintained by the owner or occupier to the satisfaction of Council.
2)
Council may, in the case of existing unsightly development, order the owner or occupier to
provide adequate and suitable landscaping or screening; and for this purpose may require the
submission of an application giving details of the landscaping or screening, and these
Regulations shall then apply to that application.
3)
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 to protect the environment.
4.11
Lot Area
1)
No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof
or otherwise, so that any building or structure on such lot shall have a lot coverage that
exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than that
permitted by these Regulations for the zone in which such lot is located.
2)
Where any part of a lot is required by these Regulations to be reserved as a yard, it shall
continue to be so used regardless of any change in the 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.
4.12
Lot Area a.nd Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist in any
residential zone, with insufficient frontage or area to permit the owner of such a lot or lots to
comply these Regulations, then these Regulations shall not prevent the issuing of a permit by
Council for the erection of a dwelling thereon, provided that the lot coverage is not greater than,
and the yards are not less than the standards set out in these regulations.
4,.13
Lot Fr·ontage
Except for accessory buildings, no new buildings shall be erected unless the lot on which it is
situated fronts directly onto a street constructed to standards established by Council.
4.14
Non-Conforming Uses
Applications involving non-conforming uses shall be processed in accordance with Section 108 of
the Urban and Rural Planning Act and Sections 3.32-3.34 of these Regulations. If a non-conforming
uses ceases to exist for a period of more than 24 months, new uses for the property and any
buildings must conform to the requirements of the land use zone in which it is located.
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General Development Standards 21
4.15
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or promoting
fires or other hazards or which may emit noxious, offensive or dangerous fumes, smoke, gases,
radiation, smells, ash, dust or grit, excessive noise or vibration, or create any nuisance that has an
unpleasant effect on the senses unless its use is authorized by Council and any other authority
having jurisdiction.
4.16
Parks, Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zone provided that such parks and playgrounds are
not located in areas which may be hazardous to their use and are not operated for commercial
purposes.
4.17
Side Yards
Side yards shall be kept clear of obstruction and shall be provided on the exposed sides of every
building in order to provide access for the maintenance of that building.
4.18
Soils and Drainage
Development shall only be permitted on lands having soil and drainage conditions that are suitable
to permit the proper siting and development of the proposed uses.
4.19
Soil Removal, Deposit and Site Grading
1)
Where not part of an approved development, land disturbance involving the removal,
deposition or grading on a property that results in extensive cut and fill and affecting more
than 25 square meters in area, shall require application, review and approval by the Town and
show the full extent of disturbance that is intended.
2)
Council may require a developer to assess geotechnical aspects, visual and environmental
impacts, as well as impacts on adjoining properties; and
3)
Where alterations to the landscape are approved, financial guarantees may be required to
ensure adequate site rehabilitation and/or landscaping.
4.20
Storage and Screening of Refuse Containers
Refuse containers used for the collection or storage wastes from a commercial use shall be
screened by fence or similar structure.
4.21
Watercourse Protection
1)
Development shall generally not be permitted within 15 metres of the high water mark any
body of water or wetland. A referral to the Department of Environment and Conservation and,
if fish habitat is affected, to Fisheries and Oceans, Canada will be made for their review,
recommendation and approval, where required. Council may require larger buffer areas
around watercourses where identified flood plains, steep slopes or unstable soil conditions (for
example) could result in damage to watercourses and wildlife habitat as a result of
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development. For the purposes of assessing applications in areas known to be at risk of
flooding, the high water mark is considered to be the 1:100 year flood level.
2)
Council shall require that water crossings, bridges, culverts, stream diversions and stormwater
management devices, are planned, designed and constructed so as to ensure that fish habitat
and passage is preserved, protected, and where possible, enhanced.
3)
Filling in or alterations of wetlands shall only be permitted in accordance with a permit from
the Water Resources Management Division, Department of Environment and Conservation.
4.22
Water Pressures/Fire Flows
Development may be refused where water pressures and fire flows cannot be guaranteed.
4.23
Servicing Development
1)
Servicing with on-site well and septic systems may be permitted as infill on existing public
streets.
2)
Where permitted, private on-site septic systems, shall be properly designed, installed and
maintained. Approval for on-site septic systems is required from the Government Service
Centre.
3)
Where development on the basis of water supply wells (either in unserviced infill areas or in a
residential subdivision) an assessment of groundwater quantity and quality may be required in
accordance with the Provincial Department of Environment and Conservation Groundwater
Supply Assessment and Reporting Guidelines for Subdivisions Serviced by Individual Private
Wells, 2009.
4)
Where there is insufficient groundwater yield to support any development proposed on the
basis of a well, the Authority shall refuse the development.
4.24
Provincial T'Railway Park
Proposals for development adjacent to, or requiring access to, the Provincial T'Railway Park
and associated rights-of-way shall be referred to the Parks and Natural Areas Division,
Department of Environment and Conservation for consideration and approval.
4.25
Development Along Provincial Highways
Proposals for development adjacent to and requiring access from provincially maintained
highways including Routes 60, 60-23, 60-24 and Route 1 (the Trans Canada Highway) shall be
referred to the Department of Transportation and Works for review and approval.
Harbour M ain - Chapel's Cove - Lakeview Development Regulations
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Off-Street Parking and Loading
5.1
Parking Required
For every building, structure or use 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
parking of vehicles associated with that building, structure or use.
5.2
Parking Spaces
The number of parking spaces to be provided for any building, structure, use or occupancy shall
conform to the following standards. Parking requirements for uses not specifically listed below shall
be decided at the discretion of Council.
Residential Uses
Parking Requirement
Single detached, double dwelling, row dwelling, mobile home
2 spaces per unit
Apartment dwelling
1.5 spaces per unit
Commercial residential
1 space per guest room
Commercial Uses
Parking Requirement
Office, Medical and Professional, Personal Service, General
1 space per 20 m2 of floor area
Service, Take-out Food Service, Veterinary, Shop, Convenience
Stores
Industrial Uses
Parking Requirement
Light, General Industry
Discretion of Council
Service Station
1 space per 20 m2 of floor area
5.3
Parking Area Design Standards
Parking areas or parking lots associated with a development requiring more than four parking
spaces will meet the following standards:
a) Individual parking spaces will be a minimum of 15 m2 in area, accessible without the need
to move other vehicles to access the space;
b) The parking area shall be constructed with a stable surface;
c)
No part of any off-street parking area shall be closer than 1.5 m to the front lot line;
d) Parking standards to accommodate persons with disabilities shall meet the requirement of
the Buildings Accessibility Act and Regulations.
5.4
Parking Access Specifications
Off-street parking areas shall, except in the case of single or attached residential dwellings, be
arranged so that it is not necessary for any vehicle to reverse onto or from a street.
5.5
Off-Street Loading Requirements
For every building or structure or use requiring the shipping, loading or unloading of goods, there
shall be provided loading facilities on land that is not part of a street and arranged so that vehicles
can move clear of any street and so that it is not necessary for any vehicle to reverse onto or from a
street.
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6
Signs
6.1
Permit Required
Subject to provisions of Regulation 6.7, no sign shall be erected or displayed in the Planning Area
unless a permit for the sign is first obtained from Council.
6.2
Provincial Highway Sig:n Regulations
All signs or advertisements to be erected within the boundaries of the Town of Harbour Main -
Chapel's Cove - Lakeview must be approved in accordance with these Regulations. Where
provisions of the Town of Harbour Main - Chapel's Cove - Lakeview are inconsistent with the
regulations respecting advertising signs on or near public highways made or administered by
provincial departments under the Provincial Highway Sign Regulations, the more restrictive
regulations shall apply.
6.3
Form of Application
Application for a permit to erect or display a sign shall be made to Council in accordance with
Regulation 3.1.
6.4
Signs Prohibited in Street Reservation
Unless otherwise permitted by these or other regulations (Highway Sign Regulations, Provincial
Highway signs for example) no sign shall be permitted to be erected or displayed within, on or over
any highway or street reservation.
6.5
Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of a sign shall be for a period
not exceeding two years, but may be renewed at the discretion of Council for similar periods.
6.6
Removal of Signs
Notwithstanding the provisions of these Regulations, Council may require the removal of any sign
which, in its opinion, is:
a)
Hazardous to road traffic by reason of its siting, colour, illumination, or structural condition,
or;
b) Detrimental to the amenities of the surrounding area.
6.7
Signs Exempt from Control
The following signs may be erected or displayed in the Planning Area without application to the
Council:
a) On a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m2 in
area;
b) On an agricultural holding or farm, a notice board not exceeding 1 m2 in area and relating
to the operations being conducted on the land;
c)
On any site occupied by a church, school, library, art gallery, museum, institution or
cemetery, one notice board not exceeding 1 m2 in area;
Harbour Main- Chapel's Cove - Lakeview Development Regulations
Signs 25
d) The name of the building or the name of the occupants of the building, located on the
principal fai;ade of any commercial, industrial or public building, in letters not exceeding
one tenth of the height of that fai;ade or 3m, whichever is the lesser;
e) On any parking lot, directional signs and one sign not exceeding lm2 in size, identifying the
parking lot.
f)
Real estate sales, leasing or open house signs up to a maximum area of lm2;
g) Signs placed by candidates at municipal, provincial, or federal elections;
h) Signs for temporary local events such as festivals, from one month before the event and to
be removed within one week of its conclusion;
i)
Temporary signs on construction sites warning of danger and or outlining the nature of the
development up to a maximum area of 7.Sm2·
6.8
Approval Subject to Conditions
A permit may only be issued for the erection or display of signs which comply with the appropriate
conditions and specifications set out in the following regulations and the Use Zones in Section 9 of
these Regulations.
6.9
Non-Conforming Uses
Signs associated with non- conforming uses will be subject to the conditions and standards for signs
in the use zone in which the non-conforming use us located.
s.10
Prohibited Signs
The following sign types will not be permitted:
a)
Billboards
b) Signs with Flashing Lights or Moving Parts.
6.11
General Standards for Signs
1)
All signs must be located on the property where the person/activity/business being advertised
is located unless otherwise permitted in these Regulations.
2)
Signs in all zones must be maintained in good condition (e.g. no peeling paint, rotting wood,
etc.) and not present a safety hazard in terms of structural stability.
3)
No sign shall obstruct a means of ingress/egress from a door, window or fire escape.
4)
Signs shall be professionally prepared and comply with standards as may be prescribed by
Council.
5)
The maximum number of signs a commercial use may have is 2 signs, regardless of the number
of buildings on the lot associated with that business.
6)
The maximum number of signs a home occupation use may have is 1 sign.
7)
All double faced signs shall count as a single sign.
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7
Subdivision of Land
7.1
Permit Required
7.2
7.3
No land in the Planning Area shall be subdivided unless a permit for the development of the
subdivision is first obtained from Council.
Services to be Provided
No permit shall be issued for the development of a subdivision 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.
Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been reached
for the payment of all fees levied by 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 3.18 and 3.19.
7.4
Issue of Permit Subject to Considerations
A 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 sound design
principles. In considering an application, Council shall, without limiting the generality of the
foregoing, consider:
a) the location of the land;
b) the availability of, and the demand created for, schools, services and utilities;
c)
the provisions of the Plan and Regulations affecting the site;
d) the land use, physical form and character of adjacent developments;
e) the transportation network and traffic densities affecting the site;
f)
the relationship of the project to existing or potential sources of nuisance;
g)
the topography of the site and its drainage;
h) natural features such as ponds, streams;
i)
visual quality; and
j)
other matters as may affect the proposed development.
7.5
Proposals for Subdivision of Land
Proposals for the subdivision of lands for residential, commercial and industrial development shall
be required to provide information on:
a)
The physical features of the site, including development opportunities and constraints, the
location of mature stands of vegetation, including any vegetation to be retained.
b) The layout of proposed lots and streets.
c)
How the proposed subdivision relates to existing development and roads on adjacent
lands, and provide for future access to undeveloped lands in the area.
d) The compatibility between the subdivision and surrounding land uses, both existing and
future.
e) The volume and type of traffic that will be generated by the development.
f)
Proposed servicing, including water and sewer, storm water management, and utilities
from the main street and not from other connections on the lot; and
g) The location of dedicated open space.
Harbour Main· Chapel's Cove - Lakeview Development Regulations
Subdivision of Land 27
7 .6
Form of Application
Application for a permit to develop a subdivision shall be made to Council in accordance with
Regulation 3.7.
7.7
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the
Land Use Zoning Maps.
7.8
Building Lines
Council may establish building lines for any subdivision street and require any new building to be
located on such building lines.
7.9
Land for Public Open Space
1)
Before a development commences, the developer shall, if required, dedicate to the Town (at
no cost to the Town) an area of land equivalent to not more than 10% of the gross area of the
subdivision for public open space, provided that:
a)
Where land is subdivided for any purpose other than residential use, Council shall
determine the percentage of land to be dedicated;
b)
lf, 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;
c)
The location and suitability of any land dedicated under the provisions of this
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;
d)
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;
e)
Money received by Council in accordance with Regulation 7.9(1d) shall be reserved by
Council for the purpose of the acquisition or development of land for public open
space or other public purpose.
2)
Land dedicated for public use in accordance with this Regulation shall be conveyed to the
Town and may be sold or leased by 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.
3)
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 7.9(1).
7.10
Structure in Street Reservation
The placing within any street reservation of any structure or landscaping, for example, a hydro
pole, telegraph or telephone pole, fire hydrant, mail box, sign post or planting of street trees) 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.
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7.11
Development Agreement
As a condition of approval for new developments, Council shall require a developer to enter into an
agreement with the Municipality. Such agreements will be negotiated between the developer and
the Municipality for financing and development of services provided to the site. The agreement
shall include specifications for water and sewer infrastructure, storm drainage, streets, sidewalks,
open space, as well as school bus stops and neighbourhood mailboxes, where required.
7.12
Subdivision Design Standards
No permit shall be issued for the development of a subdivision unless the design of the subdivision
conforms to the following standards;
a) The finished grade of streets shall not exceed 10 percent.
b) New subdivisions shall have street connections with an existing street or streets.
c)
All street intersections shall be constructed within SQ of a right angle and this alignment
shall be maintained for 30 m from the intersection.
d) No street intersection shall be closer than 60 m to any other street intersection.
e)
No more than four streets shall join at any street intersection.
f)
No residential street block shall be longer than 490 m between street intersections.
g) 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:
----
-
- -- 20m ------
Collector Street
Street Right-of-Way:
Street Width:
Minimum Sidewalk Width:
Number of Sidewalks:
20metres
9 metres
1.5 metres
2
Local Street
Street Right-of-Way:
Street Width:
Minimum Sidewalk Width:
Number of Sidewalks:
15 metres
7 metres
1.5 metres
1
h) Residential lots shall not be permitted which abut a local street at both front and rear lot
lines.
i)
Council may require any existing natural, historical or architectural feature or part thereof
to be retained when a subdivision is developed.
j)
Land shall not be subdivided in such a manner as to prejudice the development of adjoining
land.
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Subdivision of Land 29
7.13
Cul de Sacs
Cul de sacs will generally be discouraged. Where permitted the following design standards are
required:
a) A turning circle of a diameter not less than 30 m.
b) The maximum length of any cul de sac shall be;
i.
110 m {without emergency vehicle access)
ii.
230 m (with emergency vehicle access)
c)
Emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall connect
the head of the cul de sac with an adjacent street.
7.14
Engineer to Design Works and Certify Construction Layout
1)
Plans and specification 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 Engineer. The Engineer
means a professional engineer employed or retained by the Authority. 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 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 or her own cost and in accordance
with the approved designs and specifications and the construction layout certified by the
Engineer, of all such water mains, hydrants, sanitary sewers and all appurtenances and of all
such streets and other works deemed necessary by Council to service the said area.
7.15
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and paving
specified by the Council as being necessary, may, at the Authority's discretion, be deferred until a
later stage of the work on the development of the subdivision but the developer shall deposit with
the 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. Any amount so deposited
with the 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.
7.16
Deposit of Securities
As a condition of a permit to develop a subdivision and as part of a Development Agreement to
subdivide, the applicant shall deposit with the Authority a security to cover the cost of all the
subdivision improvements and completion thereof. These securities shall be payable after approval
by the Authority and before issuance of a construction permit under these Regulations.
7.17
Transfer of Streets and Utilities to the Town
1)
Where required by the terms of a Subdivision Development Agreement, the developer shall,
following the approval of the subdivision of land and upon request of Council, transfer to the
Town, at no cost to the Town, and clear of all liens and encumbrances:
a) All lands in the area proposed to be developed or subdivided which are approved and
designated by Council for public uses as streets, or rights-of-way, or for other public use;
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b) All services or public works including streets, water supply and distribution and sanitary
and storm drainage systems installed in the subdivision that are normally owned and
operated by 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 or her 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.
7.18
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.
Harbour Main - Chapel's Cove - Lakeview Development Regulations
Subdivision of land 31
s
Special Dev,elopments
8.1
Bed and Breakfast Establishments
A Bed and Breakfast establishment in a single residential dwelling, where permitted, shan be
subject to the following conditions:
a) The nature and scale of the proposed use is consistent with adjoining development and the
use does not detract from the residential character of the neighbourhood.
b) A parking area abutting a residential lot shall be appropriately screened by a fence, wall, or
hedge of height not less than 1 m and located a minimum distance of 1 m from the edge of
the parking area.
c)
A single, non-illuminated, free-standing sign, not exceeding 0.4 m2 in area, shall be
permitted.
d) That the use is approved and licensed under the Tourist Establishment Regulations, 1996,
of the Provincial Department of Business, Tourism, Culture and Rural Development.
8.2
Convenience Stores
1)
Where proposed in areas that are mainly residential in nature, convenience stores shall be
designed to blend into the residential area, and have a footprint that is similar in size to
surrounding buildings.
2)
A building containing a convenience store shall be of a design, with any parking, lighting or
signs arranged, so as to blend in with the character of the residential area, and to minimize its
effect on the adjacent residential uses.
3)
All convenience stores will be required to have adequate off-street parking and be screened
from adjacent dwellings by a fence or other material approved by Council.
8.3
General Industry
Where land fronts on the marine shoreline, general industrial uses shall be limited to marine-
related uses. In other areas where the land is zoned Rural, general industrial uses shall be restricted
to the maintenance and repair of equipment, processing and storage related to agriculture, forestry
or mineral working uses which;
a)
Do not require municipal services
b) Are extensive users of land for open storage and handling of materials, goods and
equipment.
c)
Would create nuisances if located in an urban area because of appearance, noise, heavy
truck traffic, or other features of the operations.
d) No wholesale or retail sales activities shall be permitted.
8.4
Home Childcare
Childcare as a home occupation shall conform to the requirements of the Child Care Services Act
and Regulations. Where required, a license to operate shall be obtained from the Department of
Education and Early Childhood Development.
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8.5
Home Based Business
Medical, professional, and personal service uses, along with crafts and repairs, are permitted as a
home business, provided:
a) The use is situated on a residential property and the primary use of the property remains
residential;
b) The use is entirely enclosed within the dwelling and/or the accessory building and the use
does not change the appearance of the dwelling or accessory building;
c) The floor area of the Home-Based Business does not exceed fifty (SO) percent of the total
floor area of the dwelling;
d) No outdoor activities or storage associated with the use occurs;
e) No regular parking of commercial vehicles or trailers except for one vehicle with a gross
weight of no greater than one tonne will be permitted;
f)
Activities associated with the use are not hazardous and do not cause noticeable noise,
odour, dust, fumes, traffic or inconvenience and are not a nuisance to the occupants of
adjacent dwellings; and
g) Any retail sales are incidental and subsidiary to the approved use.
8.6
Home Based Business in Accessory Buildings
8.7
In addition to the requirements set out in Regulation 8.5, a home occupation where permitted in a
residential accessory building shall:
a)
Be located on the sarne lot as the residential use;
b) The business shall be owned and operated by the occupants of the dwelling;
c)
No repairs to vehicles or heavy equipment are carried out;
d) Activities associated with the use are carried on inside the accessory building, are not
hazardous and do not cause a noticeable increase in noise, odour, dust or fumes, nor cause
electrical interference, or in any other way result in a nuisance to the occupants of
surrounding residences.
Service Stations
Automobile service stations and garages shall conform to the following conditions:
a) All gasoline pumps shall be located on pump islands designed for such purpose, and to
which automobiles may gain access from either side;
b) Pump islands shall be set back at least 4 metres from the front lot line.
c)
A canopy for sheltering pump islands may be erected provided that no part of the canopy is
located within 3m of the street or lot line.
d) Access points shall be at least 7 metres wide and shall be clearly marked.
e) Where a service station is located on a corner lot, the centre line of any access shall be at
least 15 metres from the center line of the junction. The lot line between entrances shall be
clearly indicated.
Harbour Main - Chapel's Cove - Lakeview Development Regulations
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9
Use Zone Tables
9.1
Use Zones
1)
For the purpose of these Regulations, the Planning Area is divided into Use Zones which are
shown on the Harbour Main - Chapel's Cove - Lakeview Land Use Zoning Map attached to and
forming part of these Regulations as follows:
Residential
RES
Community Cent.re
cc
Environmental Protection
EP
Open Space Recreation
OSR
Rural
RUR
Protected Public Water Supply
PPWS
Wellhead Protection
WP
2)
Subject to Regulation 9.1(1), the permitted and discretionary uses, standards, requirements
and conditions applicable to each Use Zone are set out in Section 9.5 to 9.11 of these
Regulations.
3)
Where standards, requirements and conditions applicable to a permitted or discretionary use
listed in a Use Zone are not set out in Sections 9.5 to 9.11, or elsewhere in these regulations,
Council may in its discretion, determine the standards, requirements and conditions which
shall apply.
9.2
Permitted Uses
Subject to these Regulations, the uses that fall within the permitted Use Classes set out in the Use
Zones in Sections 9.5 to 9.11 shall be permitted by Council in that Use Zone.
9.3
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in the
appropriate Use Zone in Sections 9.5 to 9.11 may be permitted in that Use Zone if the 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 Section
3.14 and has considered any objections or representations which may have been received on the
matter.
9.4
Prohibited Uses
Uses that do not fall within the Permitted or Discretionary Use or Use Class, or are specifically listed
as a Prohibited Use in a Use Zone in Sections 9.5 to 9.11, shall not be permitted in that Use Zone.
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9.5
9.5.1
Residential (RES}
Permitted Uses
Single dwelling
Double dwelling
Subsidiary Apartment
Supportive Living Accommodation (special care homes, seniors housing
complexes, nursing homes)
Home Office
Child Care as a Home Occupation
Tourism Accommodations in the form of Bed and Breakfast establishments
Small Scale Agriculture
Conservation
Recreational Open Space in the form of parks, trails.
Building Supply Store - Limited to Hickey's Building Supplies property,
Conception Bay Highway.
9.5.2
Discretionary Uses
Professional and Personal Services as Home Based Business such as beauty
salons, teaching studios, small-scale manufacturing/workshops and repair
shops.
Commercial Uses limited to convenience stores, bank, office
Public Uses including Assembly
Light Industry
Public Uses such as Civic/Government Buildings
Utilities, including telecommunications infrastructure
9.5.3
Lot Requirements
Minimum lot area
700 m2 (lots with piped water and sewer service)
Minimum lot frontage
21 m (lots with piped water and sewer service)
Minimum lot frontage (Unserviced Lot)
30 m (lots with an onsite well and/or septic system)
Minimum front yard (building line setback)
8 m on local streets
18m from the centreline of Conception Bay Highway
Minimum side yard
2m
Minimum rear yard
9m
Maximum lot coverage
33%
Maximum Height
15m
Harbour Main - Chapel's Cove - Lakeview Development Regulations
Residnetial (RES)
35
9.5.4
Minimum Lot Area for Development with On-Site Servicing
Municipal piped water supply and sewage disposal by an on-site septic system
approved by the Government Service Centre
1400 m2
Well water supply and connection to municipal sewer
Well water supply and sewage disposal by an on-site septic system approved by the
Government Service Centre
1400 m2
1860 m2
9.5.5
Unserviced Residential Development
Proposed residential development, whether in the form of a single lot or a
residential subdivision development, shall be in accordance with the requirements
of Section 4.23 of these Regulations. Any subdivision of land to create 4 or more lots
shall be referred to the Water Resources Management Division, Department of
Municipal Affairs and Environment, and shall be required to undertake a
groundwater assessment in accordance with provincial policy for unserviced
subdivision development.
9.5.6
Back Lot Development
Notwithstanding Regulation 4.13 of these Regulations, the following standards and
conditions shall apply to the development of flag lots, or back lots:
a) All backlots shall have a permanent and direct access to a public road;
b) No more than one dwelling shall be permitted to share an access and driveway;
c)
The minimum access width shall be 8 metres. The responsibility for construction,
care and maintenance of the shared access shall be that of the developer;
d) Only single dwellings shall be permitted to develop on back lots;
e) No dwelling shall be located more than 245 metres from a fire hydrant or from a
public street to which it has access;
f)
The placement of the dwelling on the lot shall be done in a manner that does not
affect the privacy of adjoining dwellings; and
g) There are no objections to the proposed development from abutting property
owners who will be consulted prior to Council issuing an approval.
9.5.7
Development Along Public Rights of Way
36
Where a development is proposed that is along an existing public right of way, but
beyond either the limit of Servicing, or the end of the publicly maintained portion of
the ROW, a developer shall, at the developer's expense, upgrade the ROW to a
standard established by Council for a public street. No building permits will be issued
until the ROW has been upgraded and inspected to ensure that is meets the
required standard.
Residential (RES}
CBCL limited
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9.s
Community Centre (CC)
9.6.1
Permitted Uses
Single dwelling
Double dwelling
Apartment Buildings (up to 20 units)
Townhouses (up to 15 units)
Subsidiary Apartment
Assisted Living Complex including seniors housing, nursing homes
Commercial Accommodations
Educational
General Assembly
Place of Worship
Child Care
Shops
Offices for Professional, Medical and Personal services
Conservation
Recreational Open Space
9.6.2
Discretionary Uses
Restaurants
Farm Markets
General Industry
Light Industry
Utilities, including telecommunications towers
Service Station
9.6.1
Lot Requirements
Minimum lot area
700 m 2
Minimum lot frontage
21 m where serviced by municipal water and sewer services
Minimum lot frontage
30 m for unserviced or partially serviced lot
Minimum front yard
8 m, or
18m from the centreline of Conception Bay Highway
Minimum side yard
2m
Minimum rear yard
9m
Maximum lot coverage
33%
Maximum building height
18m
Harbour Main - Chapel's Cove - Lakeview Development Regulat ions
Community Centre (CC)
37
9.6.2
Minimum Lot Area for Developments with On-Site Servicing
Municipal piped water supply and sewage disposal by an on-site septic
system approved by the Government Service Centre
1400 m2
Well water supply and connection to municipal sewer
Well water supply and sewage disposal by an on-site septic system
approved by the Government Service Centre
1400 m2
1860 m2
9.6.3
Residential Development
Residential development shall be subject to the standards and conditions of the Residential
land use zone.
9.6.4
Non-Residential Buffers
1.
Where any proposed non-residential use abuts the residential zone or an existing
dwelling, the owner of the site of the non-residential development may be required to
provide a buffer strip between any non-residential building or activity and the
residential zone or dwelling.
2.
The buffer may include a separation distance consisting of an area with grass, hedge,
trees or shrub cover, or a structural barrier in the form of a fence, as may be required
by the Authority, and shall be maintained by the owner or occupier to the satisfaction
of the Council.
9.6.s
Open Storage
38
Council may permit open storage of materials and goods, provided the following conditions
are met:
a) Open storage shall not occupy more than fifty (SO) percent of the site area and shall
not be located in the front yard or in any required setback or buffer areas;
b) Open storage shall be enclosed by a wall or fence not less than 2 metres in height
constructed of uniform materials approved by the Authority; and
c)
Open storage shall be maintained with a stable surface to prevent raising or
movement of dust, clay, mud, or loose particles.
Community Centre (CC)
CBCL Limited
9.7
Environmental Protection (EP)
9.7.1
Permitted Uses
Conservation
9.7.2
Discretionary Uses
Public Utilities including Telecommunication Structures
Recreational Open Space - Nature parks, trails, recreational boating and
associated docking infrastructure.
9.7.3
Shoreline Buffers, Boating and Water Recreation
Generally, no development will be permitted within 15m of rivers, or streams or the
shoreline of wetlands or waterbodies. Notwithstanding Regulation 4.21, certain public works
and passive recreational open space uses may be permitted provided they are constructed
to preserve sensitive environmental features. Approval of development in this zone may
require review and approval by Fisheries and Oceans and/or the Department of
Environment and Conservation. Boating, swimming and water recreation activities may be
permitted.
Harbour Main - Chapel's Cove - Lakeview Development Regulations
Community Centre (CC}
39
s.s
Open Space Recreation ( OSR)
9.8.1
Permitted Uses
Sports Fields
Parks including neighbourhood parks, playgrounds
Trails
9.8.2
Discretionary Uses
Indoor Recreation Facilities
Day Use Parks including picnic areas
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Environmental Protection (EP)
CBCL limited
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9.9
Rural (RUR)
9.9.1
Permitted Uses
Agriculture
Forestry
Maintenance and Operation of Existing Uses
Mineral Exploration
Recreational Open Space
I Conservation
9.9.2
Discretionary Uses
General Industry
Mineral Workings
Assembly Uses
Cemeteries
9.9.3
Lot Requirements
Minimum lot area
Minimum lot frontage
Minimum front yard
Minimum side yard
Minimum rear yard
Maximum lot coverage
Maximum building height
9.9.4
Agriculture
As determined by the Authority
As determined by the Authority
8 m, or
18m from the centreline of the Conception Bay Highway
Sm
9m
33%
15m
Agricultural uses shall be subject to the following conditions:
a) That the proposed use is managed in accordance with accepted agricultural best
management practices to control odours, noise, dust, environmental impacts, and ;
b) The proposed use satisfies the requirements of the Provincial Government,
Department of Environment and Conservation and Natural Resources, Agrifoods
Branch.
9.9.5
Forestry
1.
Forestry and related uses may be permitted by the Authority provided that the
Authority is satisfied that such uses will not increase soil erosion, and further provided
that the operation is in an approved wood-cutting area and meets the requirements of
the Department of Forest Resources and Agri-foods.
2.
The Authority may if necessary require a detailed submission concerning the proposed
forestry operation setting out the extent and nature of the forestry operation, including
provisions for the mitigation of impacts.
Harbour Main - Chapel's Cove - Lakeview Development Regulations
Rural (RUR)
41
9.9.6
General Industry
1.
General industry shall be restricted to the maintenance and repair of equipment,
processing and storage related to agriculture, forestry or mineral working uses, or to
those unsuitable sites adjacent to urban uses. Examples of the latter are industrial uses
involving hazardous substances such as bulk fuel storage; requiring large lots; or
featuring outdoor activities such as heavy equipment storage or maintenance.
2.
Unless the Authority is satisfied that the general industry use will not create a nuisance
and will not adversely affect the amenity of the surrounding area, the Authority shall
require the provision of buffering by the developer to the satisfaction of the Authority.
9.9.7
Open Storage
The Authority may permit open storage of materials and goods, provided the following
conditions are met:
a) Open storage shall not occupy more than fifty (SO) percent of the site area and shall
not be located in the front yard or in any required setback or buffer areas;
b) Open storage shall be enclosed by a wall or fence not less than 2 metres in height
constructed of uniform materials approved by the Authority; and
c)
Open storage shall be maintained with a stable surface to prevent raising or
movement of dust, clay, mud, or loose particles.
9.9.8
Mineral Exploration
Mineral exploration activities shall meet the following conditions:
a)
all permits and approvals from federal and provincial agencies including the Department
of Natural Resources have been obtained;
b) the area affected by the exploration activities which require trenching and/or creation
of cutlines through wooded areas, or other forms of ground disturbance is rehabilitated
in accordance with a Mineral Exploration Permit from the Department of Natural
Resources.
9.9.9
Mineral Workings
42
All mineral workings, including pits quarries and mines shall be subject to the requirements
of the appropriate permit, lease or licence issues by the Mineral Lands Division, Department
of Natural Resources, for development, operation, decommissioning and rehabilitation.
Where not addressed in an applicable provincial permit, lease or licence, mineral workings
shall meet the following requirements of the Council:
a)
Screening - A buffer shall be required to screen mineral workings visible from a
public .street. A buffer may consist of a 30 metre wide tree .screen, a landscaped
berm or as required by Council. Council may waive the requirement for a buffer
where natural topography creates a visual screen between mineral workings and
adjacent public highways and streets.
b)
Fencing - Council may require the mineral working site or excavated area of a pit or
quarry working to be enclosed by a fence designed and constructed to its
specifications and no less than 1.8 metres in height.
c)
Water Pollution - No mineral working or extraction activity shall be permitted within
50 metres of a waterbody or watercourse.
d)
Water Ponding - No mineral working shall result in the excavation of areas below
the level of the water table or in any way cause the accumulation or ponding of
Rural (RUR)
CBCL Limited
water in any part of the site. Settling ponds may be permitted with the approval of
the Department of Environment and Labour.
e)
Site Maintenance - The mineral working shall be kept clean of refuse, abandoned
vehicles, and abandoned equipment and any derelict buildings.
f)
Access Roads -During extended periods of shutdown, access roads to a mineral
working shall be ditched or barred to the satisfaction of Council.
g)
Stockpiling Cover Material - All stumps, organic material and topsoil, including the
rusty coloured and iron stained layer, shall be stripped and stockpiled at least 5
metres from uncleared areas and 10 metres from active quarry or stockpile areas.
The owner or operator shall ensure that the quantity of the topsoil is not affected by
dilution with other materials.
h)
Termination and Site Rehabilitation - Upon completion of the mineral working, the
following work shall be carried out by the operation:
(i)
all buildings, machinery and equipment shall be removed;
(ii)
all pit and quarry slopes shall be graded to slopes less than 20 degrees or to
the slope conforming to that existing prior to the mineral working;
(iii)
topsoil and any organic materials shall be re-spread over the entire quarried
area to ensure adequate revegetation; and
(iv)
the access road to the working shall be ditched or barred to the satisfaction of
Council.
i)
Separation from Adjacent Uses - Unless Council is satisfied that the working will
not create a nuisance and will not adversely affect the amenity of the specified
development or natural feature, no mineral working shall be located closer than
the minimum distances set out below to the specified development or natural
feature:
From:
Existing or proposed Residential Development
where no blasting is involved
where blasting is involved
Any other developed area or area likely to be development
during the life of the pit or quarry
Public highway or street
Protected Road
Waterbody or watercourse
Harbour Main - Chapel' s Cove - Lakeview Development Regulations
Minimum Distance of
Pit and Quarry Workings
300 metres
1000 metres
150 metres
50 metres
90 metres
50 metres
Rural (RUR)
43
9.10 Protected Public Water Supply (PPWS)
9.10.1 Permitted Uses
Uses related to the operation of the public water supply
Conservation
Existing Residential Uses
9.10.2 Discretionary Uses
Public Utilities
Forestry
Agriculture
Recreational Open Space
9.10.3 Discretionary Uses
44
Discretionary uses shall only be permitted where the use has been reviewed and approved
by the Water Resources Management Division, Department of Environment and
Conservation.
Rural (RUR)
CBCL Limit ed
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s.11
Wellhead Protection (WP)
9.11.1 PermittE!d Uses
Conservat on
Existing ~ ses
9.11.2 Discretionary Uses
Public Utl lltles
s.11.3 Prohibited Uses
With the exception of existing dwellings and uses, no new permanent buildings or structures
shall be permitted within this use zone except those as may be necessary for the operation
and maintenance of the municipal public water supply wells. Development within this zone
requires approval from the Water Resources Management Division, Department of
Environm1ent and Conservation.
9. 11.4 Existing Uses
Existing u:ses shall be permitted to continue. Any change in use, or expansion to an existing
use, shall be referred to the Water Resources Management Division for review under the
Water Re.sources Act. Development may be refused where it would negatively affect the
safety of t he water supply.
Harbour Main - Chapel's Cove - Lakeview Development Regulat ions
Protected Public Water Supply (PPWS)
45
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APPENDIX A
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Land Use Zoning Map
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46
CBCL Limited
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APPENDIX B
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Provincia1I Development Regulations
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Harbour Main - Chapel's Cove - Lakeview Development Regulations
Appendices
47
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rLR 3/01 - Development Regulations under the Urban and Rural Planning Act. 2000
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This is an official version.
Copyright © 2006: Queen·s Printer.
St. John's. Newfoundland and Labrador. Canada
Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)
Tabll-' of Rceulatjons
l\laiu Site
How current is this reizulation?
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act. 2000
(Filed January 2, 2001 )
Under the authority of section 36 o f the Urban and Rural Pla1111ing Act . 2000, I make the
following regulations.
Dated at St. John's . January 2. 2001 .
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Noucc or, ;.u1jme>
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B,t;~l\ktlltal Ul"'D \ODft1C1Ull\
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
llnalysis
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NLR 3/01 - Development Regulations under the lJrban and Rural Planning Acl. 2000
I'- Noo-,·oolimnam:l· \\llh st.uuJi1oJs
11
IJ1,c0 nt1thliHlC'-' u1 1101H.:on1nnnnu· U'l
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Short title
I. These regulations may be cited as the Devefopmem Regulations.
Definitions
2. In these regulations,
(a) "Act". unless the context indicate otherwise, means the Urban and l?ural Planning Acr.
2000:
(b) "applicant" means a person who has applied to an authority for an approval or permit to
carry out a development:
(c) "authority" means a council. authorized administrator or regional authority: and
(d) "development regulations" means these regulations an<l regulations an<l by-laws respecting
development that have been enacted by the relevant authority.
llacb II! I 1111
Application
J. (I) These regulations shall be include<l in the development regulations of un .authority and shall
apply to all planning areas.
(2) Where there is a connict between these regulations and <levelopment regulations or other
regulations of an authority. these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board, these regulations
sh111l apply to that appeal.
Bach 10 101>
Interpretation
4. (I\ In development regulations and other regulations made with rcspcd lo a planning area the
following terms shall have the meanings indicated in this section
(a) "access" means a way use<l or intended tu be used by vehicles. pedestrians or animals in
order 10 go from a stn.:cl to adjacent or nearby land or to go from that land Lo 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 eornplemenlary lo the main use of'thc 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.
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rLR 3/0 I - Development Regulations under the Urban and Rural Planning Act. 2000
(iii) for commercial uses. workshops or garages. and
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(iv) for industrial uses, garages. offices, raised ramps and docks:
(c) "accessory use" means a use lhal is subsidiary lo a permitted or discretionary use and that is
customarily c..xpccted 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 or the roorsurface ora flat roof.
(ii) dee!,.. line of a mansard roof. and
(iii) mean height level between the cave and the ridge of a gable. hip ur gambrcl roof.
and in any case, a building height shall not include mechanical structure. smokestacks.
steeples and purely ornamental structures above a roof;
(C) "building line" means a line established by an authority that runs parallel to a street line and
is set at the closest point to a street that a building may be placed:
(I) "discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authority"s development regulations:
(g) "established grade" means,
(i) where used in reference to a building, the average elevation of the finished surface of
the ground where ii meets the exterior or the front ofthal building exclusive o r 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 lhc ground immediately surrounding the structure, exclusive of
any artificial embankment or entrenchment:
(h) "lloor area" mc::ans the total area of all floors in a building measured to the outside face of
exterior walls:
(i) "frontage" means the horizontal distance between side lot lines measured at the building
line:
U) "lot" means a plot, tract or parcel of land which can be considered as a unit or land for a
particular use or building:
(k) "lot area" means the total horiLontal area within the lines of the lot:
( I) "lot coverage" means the combined area of all building on a lol measured at the level of the
lowest floor above the established grade anJ expressed as a pcn.:entagc of the total area of
the lot:
(m) "non-conforming use" means a legally existing use that is not .listed as a permitted or
discretionary use for the use zone in which it is located or which docs not meet the
development standards for that use zone;
(n) "owner'' means a person or an organization or persons owning or having the legal right to
use the land under consideration:
(o) "permitted use" means a use that is listed within the permitted use classes set out in the use
zone tables o fan authority"s development regulations;
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NLR 3/01 - Development Regulations under the l Jrban and Rural Planning /\ct. 2000
(p) "prohibited use" means a use that is not listed in a use .wne within the pcnnitted use
classes or discretionary use classes or a use that an authority speci lies as not permitted
within a use zone;
(q) "sign" means a word. letter. model, placard. board. device or representation. whether
illuminated or not. in the nature ofor emplo) cd wholly or in part for the purpose or
advertisement, announcement or direction aml excludes those things employed wholly as a
memorial. advertisements or local government. utilities and boarding or similar structures
useu for the display of advertisements;
( r) "rear yard depth" means the distance between the rear lot line and the rear wall or the main
building on a lot:
(s) "side yard depth" means the distance between the side lot line and the nearest side wall of a
building on the lot:
( L) "street" means a street, road, highway or other way designed for the passage or vehicles
am.I pedestrians and which is accessible by fire department and other emergency vehicles:
( u) "street line" means the edge of a street reservation as defined by the authority having
jurisdiction:
(,) "use" means a building or activity situated on II lot or a development permitted on a lot:
(w) ''use zone" or "1.one" means an area ofland including buildings and water designated on
the zoning map to which the uses. standards and conditions of a particular use ,:one tahle
apply:
(x) "vuriance" means a departure. to a maximum or 10% from the yard, urea. lot coverage,
setback. size. height. frontage or any other numeric requirement of the applicable Use Zc,me
Table of the authority's regulations; and
(y) "zoning map" means the map or maps attached lo and forming a part of the authority·s
regulations.
(2) An authority may. in its discretion. determine lhc uses that may or may nol be developed in
a use zone and those uses shall be listed in the authority·s regulations as discretionary. permitted or
prohibited uses for !hut area.
Bid., lo hm
Notice of right to appeal
5. Where an authority makes a decision that may be appealed under section 42 ol'the Act, 11ml
authority shall, in writing. at the time of making that decision. notify the person to whom thcdccision
applies of the
(a) person's right lo appeal the decision to lhc board:
(b) time by which an appeal is lo be made;
(c) right of other interested persons to appeal the decision: and
( d) munncr of making an appeal and the address for the filing of the appeal.
Appeal requirements
6, (I) The secretary or the board at the Department or Municipal and Provincial Affairs, Main
Floor. Confederation Building ( West Block). P.O. Oox 8700, St. John·s. Nnd., A I B 416 is the
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'LR J/01 - Developmenl Regulations under the Urban and Rural Planning /\cl. 2000
secretary to all boards in the province and an appeal filed with that secretary within the time period
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referred 10 in s,ubsection 42(4) of the /\ct shall be considered to have been filed with the appropriate
board.
(2) Notwithstanding subsection ( I). where the City of Comer Rrook . City of Mount Pearl or
City of St. Joh'n·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) Th,e fee required under section 44 of the /\ct shall be paid to the board that hears the
decision being appealed by Iii ing it with the secretary referred to in subsection ( I) or (2) within the 14
days referred t,o in subsection 42(4) of the Act.
(4) Th,e board that hears the decision being appealed shall, subject to subsection 44(3) of the
Act. retain the lee paid to the board.
(5) Where an appeal ofa decision and the required fee is not received by a board in accordance
with this section and Part VI of the /\cL the right to appeal that decision shall be considered to have
been forfeited.
Bad. to lop
Appe11I regist1ration
7. ( I J Upon receipt of an appeal and fee as required under the Act and these regulations. the
secre1ary of the! board as referred to in subsections 6( I) and (2). shall immediately register the appeal.
(2) Where an appeal has been registered the secretary of the board shall notify the appropriate
authority of the appeal and shall provide to the authority a copy of the appeal and the documentation
related to the a,ppcal.
(3) Where an authority has been notified ofan appeal that authority shall forward to the
appropriate board a copy of the application being appealed, all correspondence. council minutes, plans
and other relevant information relating to the appeal including the names and addresses of the applicant
and other intcr,cstcd persons of whom the authority has knowledge.
(4) Upon receipt of the information under subsection (3). the secretary of the board shall
publish in a newspaper circulated in the area of the appropriate authority. a notice that the appeal has
heen registered.
(5) /\ notice published under subsection (4) shall be published not fewer than 2 weeks before
the date upon which the appeal is to be heard by the board.
Development prohibited
8. (I) Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
(2) Sections I 02 and 104 of the Act apply to an authority acting under subsection (I).
(3) Upon receipt ora notification of the registration ofan appeal with respect to an order under
section I 02 of the Act, an authority shall not carry out work related to the matter being appealed.
Harl 11> Jon
Hearing notice and meetings
9. ( f) A board shall notify the appellanL appl icant. authority and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date
scheduled for the hearing of the appeal.
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NLR 3/01 - Devclopmenl Regulations under the Urb,111 an<l Rural Planning Act, 2000
(2) A board may meet as otlen as is necessary to conduct its work in an expt-ditious manner.
lJih:b tn t uo
I tearing or eviidence
IO. ( I) A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified Ltnder suhsection 9( I) or their rcpn:scntativc 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 /\ct and these
regulatiClns.
(3) A written report submitted under subsection 43(2) of the /\ct respecting a visit to and
viewing of a property shall be considered to have heen provided in the same manner as evidence
directly provided at the hearing or the hoard.
(4) In !!he conduct of an appeal hearing. the board is not bound by the rules of evidence.
Board decisio1n
11. A dccis,ion of the board must comply with the plan, scheme or development rt:gulations that
apply to the miatter that has been appealed to that board.
Variances
12. (I) Where an approval or permit cannot be given by an authority because a proposed
development dloes not comply with development standards set out in development regulations. an
authority may. in its discretion. vary the applicable develupmenl standards to a maximum of 10% if. in
the authority·s opinion. compliance with the development standarJs would prejudice the proper
de, elopmcnt o,f' the land. huilding or structure in question ur would be contrary to public interest.
(2) /\n authority shall not allow a variance from Jevelopment standards set out in development
regulations if that variance, when considered together with other variances made or lo 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 arc separately no more than 10%.
t3) An authority shall not permit a variance from development standards where the proposed
development would increase the non conformity ofan existing development.
U,1t·h to l 1'0
Notice or \'ari,ance
13. Where an authority is to consider a proposed variance. that authority shall give written notice of
the proposed variance from development standards to all persons whose land is in the immediate.-
vicinity or the land that is the subject of the variance.
Residential non conformity
14. A residential building or structure referred to in paragraph l08(3)(g) of the /\ct must, where
being repaired or rebuilt. be repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
Udll... tu [VO
Notice and hearings on change of use
http://www.assemhly.nl.ca/leg·islatiun/sr/regulatiuns/rcO I 0003.ht:ml 14/09/2015 2: 15:29 PM I
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f LR 3/01 - Development Rcgwlations under the Urban and Rural Planning Act. 2000
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15. Where considering a non conforming building. structure or development under paragraph
108l])(d) of th,e Act and before making a decision to vary an existing use o f that non-conforming
building. structure or development, an authority. at the appl ieanr s expense, shall publish a notice in a
newspaper circ ulating 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.
B-tt;b lo I HO
Non-conform:11nce with standards
16. Where a building. structure or development docs 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-confonnity and an expansion must comply with the development
standards applicable to that building. structure or development.
Ha~b tu I.,,,
Discontinuanc:e of non-conforming use
17. An authority mny make development regulations providing for a greater period of time than is
provided under subsection 108(2) of the /\ct with respect to the time by which a discontinued non-
conforming us,~ may resume operation.
n,u:b 10 !up
Delegation of powers
18. An authority shall. where designating employees to whom a power is to be delegated under
subsection I 09(3) of the Act. make that designation in writing.
CommencemEint
19. These 1-egulations shall be considered to have come into force on January I, 2001 .
© Earl G. Tucker, Queen's Printer
lttp://www.assembl) .nl.ca/legiislation/sr/regulations/rcO I 0003.htm[ 14/09/2015 2: 15:29 PM]
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APPENDIX C
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Classification of Buildings and Uses
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CBCL Limited
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Appendix C - Classifications of Buildings and Uses
This Schedule is intended to assist in the interpretation of the types of uses within the use classes
listed in the Use Zone Tables in Section 9 of these regulations.
1. Residential Uses
Division
Use Class
1. Residential Dwelling Uses
Double Dwelling
Row Dwelling
Apartment Building
2. General Residential Uses
Boarding House Residential
2. Assembly Uses
Division
1 . Assembly Uses for the
production & viewing of the
performing arts.
2. General Assembly Uses
Tourism Accommodation
Use Class
Theatre
Cultural & Civic
General Assembly
Examples
- Duplex Dwellings
- Semi-detached Dwelling
- Row Houses
- Apartment Building
- Residential Complexes (4 or more
units)
- Bed & Breakfast Establishment
- Boarding Houses
- Hotels
- Motels
- Inns
Examples
- Movie Theatres
- Theatres
- Art Galleries
- Town Administrative Offices
- Court Rooms
- Libraries
- Museums
- Arts and Culture Centres
- Interpretive Centres
- Auditoria
- Bowling Alleys
- Community Halls
- Dance Halls
- Exhibition Halls
- Fitness Clubs
- Gymnasia
- Lodge Halls and Private Clubs
Educational
Place of Worship
Passenger Assembly
Catering
Funeral Home
ChHd Care
Amusement
3. Arena-type Uses
Indoor Assembly
4. Open-air Assembly Uses
Outdoor Assembly
3. Business and Personal Services Uses
Division
1. Business, Professional, &
Personal Service Uses
Use Class
Office
Medical & Professional
Personal Service
- Colleges (non· residential)
- Private Schools
- Public Schools
- Church Halls
- Churches & similar places of worship
- Passenger Stat ions & Depots
- Recreational Piers/Docks
- Bars
- Lounges
- Restaurants
- Nightclubs
- Crematoria
- Funeral Homes & Chapels
- Day Care Centres
- Home Child Care Services
- Nursery Schools
- Early Childhood Education Services
- Electronic Games Arcades
- Pinball Parlours
- Poolrooms
- Arenas
- Armouries
- Ice Rinks
- Indoor Swimming Pools
- Amusement Parks & Fair-grounds
- Bleachers
- Drive-in Theatres
- Exhibition Grounds
- Grandstands
- Outdoor Ice Rinks & Swimming Pools
- Outdoor Stadiums
- Outdoor Concert Venues
Examples
- Banks
- Business & Government Office
- Clinic
- Dental Offices & Surgeries
- Law Offices
- Medical Offices & Consulting Rooms
- Professional Offices
- Barbers
- Beauty Parlours
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Division
4. lnsitit1utional Uses
Division
1. Penal! & Correctional
lnstituitional Uses
2. Special Care Institutional
Uses
5. Retail Uses
Division
1. Retai I Sale & Display Uses
Use Class
General Service
Communications
Police Station
Taxi Stands
Take-out Food Service
Examples
- Domestic & Household Arts
- Hairdressers
- Tanning Salons
- Pet Grooming
- Nail Salons
- Car Washes
- Dry Cleaners (not using flammable or
explosive substances)
- Laundromats
- Small Tool & Appliance Service &
Rentals
- Radio Stations
- Telephone Exchanges
- Police Stations without detention
quarters
- Taxi Stands
- Take-out Restaurants
- Food Stands
Use Class
Examples
Penal & Correctional
- Prisons
Detention
- Police Stations (with de-tention
quarters)
- Psychiatric Hospitals (w'ith detention
quarters)
- Youth Correctional Faciilities
Medical Treatment & Special
- Personal Care Homes
Care
- Nursing Homes
- Treatment Centres
- Medical Clinics
Use Class
Examples
Shopping Centre
- Shopping Centres
- Strip Malls
Shop
- Automobile Dealerships,
- Used Car Lots
- Department Stores
- Retail Shops
- Showrooms
- Supermarkets
mvision
6. Industrial Uses
Division
1. Industrial uses involving
highly c,ombustible &
hazardo,us substances &
processies.
2. General Industrial Uses
involving Limited Hazardous
Substances & Processes.
Use Class
Indoor Market
Outdoor Market
Convenience Store
Use Class
Hazardous Industry
General Industry
Examples
- Auction Halls
- Exhibition Halls
- Indoor Famers Markets
- Animal Markets
- Fish Stalls
- Market Grounds
- Produce & Fruit Stands
- Outdoor Farmers Markeits
- Flea Markets
- Confectionary Stores
- Corner Stores
- Gift Shops
- Specialty Shops
- Video Stores
Examples
- Bulk Plants for Flammable Liquids
- Bulk Storage Warehouseis for
Hazardous Substances
- Chemical Manufacturing: or Processing
Plants
- Distilleries
- Dry-cleaning Plants
- Feed Mills
- lacquer, Mattress, Paint, Varnish, &
Rubber
- Factories
- Spray Painting Operations
- Wastepaper Processing Plants
- Aggregate-Related lndw,tries
- Aircraft Hangars
- Bulk Storage Facility
- Cold Storage Plants
- Contractors' Yards
- Concrete Plants
- Factories
- Fish Processing Plants
- Freight Depots
- General Garages
- laboratories
- laundries
- Planing Mills
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Division
3. Light,, Non- hazardous or
Non-intrusive Industrial
uses
7. Non-Building Uses
Division
1 . Uses not directly related
to building
Use Class
Service Station
Light Industry
Use Class
Agriculture
Forestry
Mineral Working
Recreational Open
Space
Examples
- Printing Plants
- Sawmill
- Warehouses
- Workshops
- Gas Bars
- Gasoline Service Stations
- Custom Workshops
- Indoor Storage
- Light Industry
- Parking Garages
- Recycling Depot
- Warehouses & Distribution Centres
- Wholesale Rooms
- Workshops
Examples
- Commercial Farms
- Hobby Farms
- Market Gardens & Nursi~ries
- Silviculture
- Sawmills
- Tree Nurseries
- Mineral Exploration inclluding
trenching, diamond d1rilling and line
cutting.
- Mines
- Oil Wells
- Pits
- Quarries
- Campgrounds
- Golf Courses
- Hiking Trails
- Parks
- Playing Fields
- Playgrounds
- Sports Grounds
- Tourist Trailer Parks
Division
Use Class
Conservation
Cemetery
Scrap Yard
Solid Waste
Animal
Antenna
Transportation
Examples
- Architectural Historical Sites
- Buffer Strips
- Trails and Boardwalks
- Scenic Lookout Sites
- Watersheds
- Wildlife Sanctuaries
- Cemeteries
- Car Wrecking Yards
- Junk Yards
- Salvage Yard
- Scrap Dealers
- Incinerators
- Recycling Plants
- Sanitary Land Fi II
- Solid Waste Disposal
- Animal Pounds
- Kennels
- Zoos
- Pet Sitting Services
- Cellular Communicationis Towers
- Satellite Dish Antenna
- Television, Radio & Communications
- Transmitting and Receiving Masts &
Antennae
- Airfields
- Boathouses
- Docks and Harbours
- Wharves and Marinas
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