Town of Heart's Content Development Regulations (2023-2033)
Heart's Content, Newfoundland and Labrador
· adopted 2023-12-19
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Town of Heart's Content
Development Regulations
2023-2033
Prepared for the Town of Heart's Content
by
Baird Planning Associates
, .
Urban and Rural Planning Act 2000
Resolution to Adopt
Town of Heart's Content
Development Regulations, 2023 - 2033 .
Under the authority of Section 16 of the Urban and Rural Planning Act'.fQ00, the Town
.
'
·:·-
Council of Heart's Content adopts the Heart's Content Development Regulati.ons. · ,·.
Adopted by the Town Council of Heart's Content on the 19th day of December 2023.
Signed and sealed this £2.3
day of ...__,~
2024
Mayor~
~rcey
Clerk
~
;Q, ,d. /
AliceCumb~ /~7
(Council Seal'
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.
I , , dopnh·nt Rei?ul::linns/.\ml'!ldmcnt ~lg~
(! John Baird, MCIP
Urban and RuraJ Planning Act 2000
Resolution to Approve
Town of Heart's Content
Development Regulations, 2023 - 2033
Under the authority of Section 16, Section 17, and Section 18 of the Urbfm and Rural
Planning Act 2000, the Town Council of Heart's Content
(a) Adopted the Heart's Content Development Regulations on the 19th day of December 2023.
(b) Gave notice of the adoption of the Heart's Content Municipal Plan by advertisement posted:
(i)
On the Town of Heart's Content Facebook page
(ii)
On notice boards at the Town Hall, Post Office. and Cable Market
c)
Set the 18th day of January 2024 at 7:00 p.m. at the Town Hall, Heart's Content for the holding
of a public hearing to consider objections and submissions.
,,
Now under the authority of Section 2. 0f the Urban anc;J_. Rural Planning Act 2000, the Town
'
'
Council of Heart's Content approves the Heart's Content Development Regulations.
SIGNED AND SEALED this __ day of ____ 2024.
Mayor:
Clerk:
~
62,.:r
Douila1ercey
u?kv ~
(Council Seal)
Alice Cumby
Municipal Plan
REGISTERED
·,~-..Jmber ----------
Date ---.,
Signature _____ _
Urban and Rural Planning Act 2000
Resolution to Approve
Town of Heart's Content
Development Regulations, 2023 - 2033
Under the authority of Section 16, Section 17, and Section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Heart's Content
(a) Adopted the Heart's Content Development Regulations on the 19th day of December 2023.
(b) Gave notice of the adoption of the Heart's Content Municipal Plan by advertisement posted:
(i)
On the Town of Heart's Content Facebook page
(ii)
On notice boards at the Town Hall, Post Office, and Cable Market
c)
Set the 18th day of January 2024 at 7:00 p.m. at the Town Hall, Heart's Content for the holding
of a public hearing to consider objections and submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town
Council of Heart's Content approves the Heart's Content Development Regulations.
SIGNED AND SEALED this f}(J day of~
(). ~-----,
Mayor:
~---:i~
Doug1a8ercey
Clerk: i/L ~
--,
~
Alice Cumby
Municipal Plan
REGISTERED
Number ----------
Date -----------
Signature---------
2024.
(Council Seal)
PART 1:
1. 1
1.2
1.3
1.4
1.5
1.6
PART 2:
PART 3:
3.1
3.2.
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24
3.25
3.26
3.27
3.28
3.29
TABLE OF CONTENTS
APPLICATION ........................................................................................................... 1
Title .................................................................................................................................................. 1
Interpretation .............................................................................................................................. 1
Commencement ....................................................................................................................... 1
Municipal Regulations and Codes .................................................................................. 1
Council ........................................................................................................................................... 1
Provincial Development Regulations ............................................................................. 1
DEFINITIONS ............................................................................................................. 3
GENERAL REGULATIONS ................................................................................. 25
Compliance with Regulations ......................................................................................... 25
Permit Required ..................................................................................................................... 25
Permit to be Issued .............................................................................................................. 25
Permit Not to be Issued in Certain Cases ................................................................ 25
Discretionary Powers of Council ................................................................................... 25
Variances ................................................................................................................................................. 26
Non-Conforming Uses ........................................................................................................ 27
Service Levy ............................................................................................................................ 2 8
Financial Guarantees by Developer ........................................................................... 28
Dedication of Land for Public Use ................................................................................ 29
Reinstatement of Land ....................................................................................................... 29
Form of Application .............................................................................................................. 29
Register of Applications ..................................................................................................... 29
Deferment of Application ................................................................................................... 29
Approval in Principle ........................................................................................................... 30
Development Permit ............................................................................................................ 30
Temporary Use ...................................................................................................................... 31
Permit Fees .............................................................................................................................. 32
Compliance with Government Policies and Regulations ................................. 32
Reasons for Refusing or Setting Conditions on a Permit ................................ 32
Notice of Application ........................................................................................................... 32
Monitoring and Enforcement ........................................................................................... 33
Delegation of Powers .......................................................................................................... 3 3
Right of Entry .......................................................................................................................... 34
Record of Violations ............................................................................................................ 34
Stop Work Order and Prosecution ............................................................................... 34
Notice of Right to Appeal .................................................................................................. 34
Appeals ...................................................................................................................................... 34
Return of Appeal Fee .......................................................................................................... 34
PART 4:
4.1
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
4.23
4.24
4.25
4.26
4.27
4.28
PART 5:
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
GENERAL DEVELOPMENT STANDARDS ................................................... 35
Accesses and Service Streets ....................................................................................... 35
Access to Backland Areas ............................................................................................... 35
Archaeological Sites ............................................................................................................ 35
Residential Area Buffers ................................................................................................... 35
Fire Hydrant Buffers ............................................................................................................ 36
Watercourses and Wetlands ........................................................................................... 36
Building Lines and Setbacks ........................................................................................... 37
Multiple Uses on a Lot ........................................................................................................ 37
Main Buildings on a Lot ..................................................................................................... 37
Lot Area ..................................................................................................................................... 38
Lot Area and Size Exceptions ........................................................................................ 38
Street Frontage ...................................................................................................................... 38
Offensive and Dangerous Uses .................................................................................... 38
Screening and Landscaping ........................................................................................... 38
Public Services and Utilities ............................................................................................ 39
Land Capability for Development ................................................................................. 39
Site Drainage ................................ ~ ......................................................................................... 39
Development on Steep Slopes ...................................................................................... 40
Preparing a Site for Development ................................................................................ 40
Soil and Gravel Removal Incidental to Site Development... ............................ 40
Unserviced Development ................................................................................................. 41
Streets ........................................................................................................................................ 41
Sight Lines at Street and Driveway Intersections ................................................ 42
Development in the Vicinity of a Public Right-of-Way ....................................... 42
Forestry and Trees ............................................................................................................... 42
Coastal Areas ......................................................................................................................... 42
Wildlife Habitat ....................................................................................................................... 43
Off-street Loading and Parking Requirements ...................................................... 43
SPECIFIC USE REGULATIONS ........................................................................ 44
Access Ramps and Deck ................................................................................................. 44
Accessory Buildings on Residential Lots ................................................................. 44
Accessory Uses ..................................................................................................................... 46
Agriculture - Commercial Livestock Facilities ....................................................... 46
Bed and Breakfasts (B&Bs) and Visitor Rental Dwellings ............................... 4 7
Childcare Services ............................................................................................................... 4 7
Domestic Sawmill ................................................................................................................. 4 7
Energy Generation Facilities ........................................................................................... 48
Home Occupations .............................................................................................................. 48
Mineral Exploration .............................................................................................................. 49
Mineral Working ..................................................................................................................... 49
Personal Livestock Use on Residential Lots .......................................................... 51
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
5.22
PART 6:
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.17
6.18
6.19
6.20
6.21
PART7:
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
Residential Care Homes ................................................................................................... 54
Retirement Establishments .............................................................................................. 54
Salvage Yards ........................................................................................................................ 55
Service Stations and General Garages .................................................................... 5 5
Storage and Scrapping of Car Wrecks and Other Salvage Materials ....... 55
Tiny Houses ............................................................................................................................. 55
Tourist Cottage Establishments and Campgrounds ........................................... 56
Tourist Cottages and Glamping Facilities on Residential Lots ..................... 57
Trails ............................................................................................................................................ 58
Travel Trailers and Recreational Vehicles ............................................................... 58
SUBDIVISION OF LAND ...................................................................................... 60
Application ................................................................................................................................ 60
Subdivision Permit Required .......................................................................................... 60
Services to be Provided .................................................................................................... 60
Payment of Service Levies and Other Charges ................................................... 60
Permit Subject to Considerations ................................................................................. 60
Unserviced Development ................................................................................................. 61
Building Permits Required ................................................................................................ 61
Form of Application .............................................................................................................. 61
Subdivision Subject to Zoning ........................................................................................ 62
Building Lines .......................................................................................................................... 62
Dedication of Land for Public Use ................................................................................ 62
Structure in Street Reservation ..................................................................................... 62
Subdivision Requirements ............................................................................................... 62
Access to Backland Areas ............................................................................................... 63
Subdivision Design Standards ....................................................................................... 63
Engineer to Design Works and Certify Construction Layout... ....................... 64
Developer to Pay Engineer's Fees and Charges ................................................. 65
Street Works May Be Deferred ...................................................................................... 65
Transfer of Streets and Utilities to Council .............................................................. 65
Restriction on Sale of Lots ............................................................................................... 66
Grouping of Buildings and Landscaping ................................................................... 66
SIGNS ......................................................................................................................... 67
lntent ........................................................................................................................................................... 67
Permit Required .................................................................................................................................... 6 7
Provincial Highway .............................................................................................................................. 67
Form of Application ............................................................................................................................. 6 7
Approval Subject to Conditions .................................................................................................... 6 7
Signs Prohibited in Street Reservation .................................................................................... 6 7
Sign Removal ......................................................................................................................................... 67
Signs Exempt from Control ............................................................................................................. 68
General Sign Standards ................................................................................................................... 68
PART 8:
8.1
8.2
8.3
8.4
8.5
8.6
PART9:
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
USE ZONES ................................................................. ~ ........................................... 69
Use Zones ................................................................................................................................ 69
Map Interpretation ................................................................................................................ 69
Use Classes ............................................................................................................................. 69
Permitted Uses ....................................................................................................................... 69
Discretionary Uses ............................................................................................................... 69
Prohibited Uses ...................................................................................................................... 70
USE ZONE TABLES .............................................................................................. 71
Environmental Protection (EP) Zone .......................................................................... 72
Protected Water Supply (PWS) Zone ........................................................................ 74
Residential (RES) Zone ..................................................................................................... 77
Mixed Development (MD) Zone .................................................................................... 81
Heritage District (HD) Zone ............................................................................................. 87
Commercial-Light Industrial (CU) Zone .................................................................... 93
Coastal and Marine (CM) Zone ..................................................................................... 95
Parks and Open Space (POS) Zone .......................................................................... 97
Rural (RU) Zone .................................................................................................................... 99
APPENDIX A - LAND USE ZONING MAPS ................................................................................. 105
APPENDIX B - CLASSIFICATION OF USES OF LAND AND BUILDINGS .................. 108
APPENDIX C - OFFSTREET LOADING AND PARKING REQUIREMENTS .............. 116
APPENDIX D - PROVINCIAL DEVELOPMENT REGULATIONS ..................................... 120
s
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
PART 1: APPLICATION
1. 1 Title
These Regulations may be cited as the Heart's Content Development Regulations.
1.2
Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to
them in Part 2.
(2)
Words and phrases not defined in Part 2 shall have the meanings that are commonly
assigned to them in the context in which they are used in the Regulations.
(3)
The boundaries of Use Zones in the Land Use Zoning Maps are general only and,
except where they coincide with roads, shorelines, or other prominent features, are not
intended to define exact limits.
1.3
Commencement
These Regulations came into effect throughout the Heart's Content 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 Regulations and Codes
The building regulations and any other municipal regulations controlling the development,
conservation, and use of land shall under these Regulations apply to the entire Planning Area.
The National Building Code of Canada, the Fire Code of Canada, and all ancillary codes and
regulations, shall also apply to the entire Planning Area.
1.5
Council
In these Regulations,
11Council
11 means the Municipal Council of the Town of Heart's Content
having jurisdiction over the Heart's Content Development Regulations.
1.6
Provincial Development Regulations
The Provincial Development Regulations, enacted under Section 36 of the Act, shall apply to
development within the Planning Area. Where there is conflict between these and the Heart's
PART 1- APPLICATION
1
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
Content Development Regulations, the Provincial Regulations shall prevail. The Provincial
Development Regulations are appended as Appendix D.
PART 1 - APPLICATION
2
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
PART 2: DEFINITIONS
GENERAL NOTE:
* A definition marked with one asterisk is also included in the Provincial Development
Regulations.
** A definition marked with two asterisks is also included in the Urban and Rural Planning Act.
*ACCESS means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the street.
*ACCESSORY BUILDING includes:
(a)
a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is customarily
incidental or complementary to the main use of the building or land,
(b)
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,
( 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, unless the context indicates otherwise, the Urban and Rural Planning Act 2000.
ADJUDICATOR means an adjudicator appointed under section 40 of the Urban and Rural
Planning Act 2000.
AGRICULTURE, COMMERCIAL CROP - See "COMMERCIAL CROP AGRICULTURE"
AGRICULTURE,
COMMERCIAL LIVESTOCK -
See "COMMERCIAL LIVESTOCK
AGRICULTURE"
AMUSEMENT USE means the use of land or buildi_ngs for the playing of electronic,
mechanical, or other games and amusements including electronic games, slot machines
arcades and pool halls.
ANIMAL UNIT FOR COMMERCIAL AGRICULTURE means any one of the following animals
or groups of animals as specified by the Agriculture Lands Section (Department of Fisheries,
Forestry and Agriculture):
Type of
Average Weight
No. of Livestock
Livestock
per Animal (ka)
per Animal Unit
Dairy Cows
545-640
1
Heifers
300
2
PART 2 - DEFINITIONS
3
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
Veal
91
5
Bulls
545
1
Beef cows
360
2
Sows (F to F)
454
1
Sows
150
3
Hogs
75
6
Boars
150
3
Sheep (ewe)
54
8
Sheep (lamb)
27
16
Goats
64
7
Foxes
11.35
40
Mink
3
150
Rabbits
2.27
200
Laying Hens
1.8
252
Broilers
.9
500
Pullets
1.3
350
Broiler turkey
6.5
70
Heavy turkey
7.5
60
Heavy toms
12
40
ANIMAL UNIT FOR PERSONAL USE means any one of the following animals or group of
animals:
-
six (6) chickens, ducks, geese, turkeys, or rabbits
-
eighteen (18) quail
-
three (3) sheep or goats
-
one ( 1 ) horse or cow
ANTENNA means a building, structure, mast, or antenna used to facilitate the receiving or
transmitting of radio, television, telephone, cellular, Internet, or satellite communications.
APARTMENT BUILDING means a residential building containing three or more dwelling units
but does not include a row dwelling as defined in these Regulations.
*APPLICANT means a person who has applied to Council for a permit to carry out a
development.
APPROVAL IN PRINCIPLE means a preliminary approval of a development conditional upon
the submission of additional plans and details before a development approval or building permit
is issued.
ARTS AND CRAFTS STUDIO means a building or portion thereof used for the production,
display, instruction, or sale of arts or crafts, but which does not include any activity that might
be offensively dirty or noisy in its operation.
PART 2 - DEFINITIONS
4
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
ARTERIAL STREET means a main traffic artery to and through the Planning Area. Route 80
(corresponds to portions of Main Road and Cove Road) and Route 74 (corresponds to another
portion of Main Road) are the arterial streets in Heart's Content.
*AUTHORITY means the Municipal Council of the Town of Heart's Content.
BED AND BREAKFAST means an owner-occupied single dwelling, which includes guest
rooms for the accommodation of travellers.
BOARDING HOUSE means a dwelling in which at least two (2) rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BOATHOUSE means a small building in a coastal (i.e., saltwater) location for storage of a
boat.
**BUILDING means:
(a)
a structure, erection, alteration, or improvement placed on, over or under land or
attached, anchored, or moored to land,
(b)
mobile structure, vehicle or marine vessel adapted or constructed for residential,
commercial, industrial, and other similar uses,
(c)
a part of and fixture on a building referred to in subparagraphs (a) and (b), and
(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 subparagraphs (a) to (c).
*BUILDING HEIGHT means the vertical distance, measured in metres, from the established
grade to:
(i)
(ii)
(iii)
the highest point of the roof surface of a flat roof,
the deck line of a mansard roof, and
the mean height level between eave and ridge of a gable, hip, or gambrel roof,
and in any case, a building height shall not include mechanical structure,
smokestacks, steeples, and purely ornamental structures above a roof.
#;1 ___ --
-- ---
Mansard Roof
Gambrel Roof
-H-,------
~i -~--
PART 2 - DEFINITIONS
flat Roof with
Parapet wall
Gable Roof
5
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
*BUILDING LINE (See also SETBACK, FRONTY ARD) means a line established by Council
that runs parallel to a street line and is set at the closest point to a street that building may be
placed.
CAMPGROUND means a contiguous parcel of land, managed as a unit, for the
accommodation of any combination of ten (10) or more recreational vehicles, travel trailers, or
tents used on a short term or seasonal basis, and where accessory uses may include an
administrative office, clubhouse, snack bar, laundry, convenience store, washroom, and
recreational area or facility.
CAR WRECK means a motor vehicle of any type that is disabled or non-operational, is no
longer licensed for road use, and/or has been parked or stored in the outdoors for longer than
six months.
CATERING means a building or part of a building where food is prepared and served within
the premises and includes a restaurant and coffee shop but does not include a take-out food
service or drinking establishment, which are defined separately.
CEMETERY means a facility or site reserved for the burial of the dead and may include a
mortuary and accessory maintenance facility.
CHILDCARE 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 Child
Care Act, but which does not include a school as defined under the Schools Act.
CLUB AND LODGE means land, a building, or part of a building used by a non-profit
association or organization for fraternal, social, recreational, or religious purposes.
COASTAL refers to land abutting marine or saltwater shorelines and excludes land abutting
freshwater shorelines.
COLLECTOR STREET means a street that links local streets with arterial streets or other
collector streets, and which is designated as a collector street in the Municipal Plan and shown
on the Future Land Use and Land Use Zoning Maps.
COMMERCIAL ACCOMMODATIONS means a building, or part thereof, used to provide short-
term accommodation for paying guests. Accommodation may be self-contained (with kitchen
and bathroom) or serviced (meals provided). Commercial accommodations may include a
hotel, motel, or inn, but not a bed and breakfast, visitor rental dwelling, tourist cottage
establishment, or campground, which are each defined separately.
COMMERCIAL CROP AGRICULTURE means a commercial crop operation, which may
include:
(a) the clearing, draining, irrigating or cultivation of land for crop production,
(b) the production of field crops and greenhouse crops,
PART 2-DEFINITIONS
6
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(c) the production of fruit and vegetables and other specialty horticultural crops,
(d) the operation of agricultural machinery and equipment,
( e) storage, use or disposal of organic wastes for farm purposes,
(f) the preparation of a non-livestock farm product for distribution from the farm gate,
including cleaning, grading, and packaging,
(g) the operation of pick-your-own farms, roadside stands, farm produce stands, and tourist
operations as part of a farm operation, or
(h) any other non-livestock agricultural activity or process prescribed by Provincial
regulation that is carried on for gain or reward or in the hope or expectation of gain or
reward.
COMMERCIAL LIVESTOCK AGRICULTURE means a commercial livestock operation, which
may include:
(a) the clearing, draining, irrigating or cultivation of land for livestock grazing,
(b) the raising of livestock, including poultry,
( c) the raising of fur-bearing animals,
(d) the raising of bees,
(e) the production of eggs and dairy,
(f) the preparation of a livestock, poultry, or dairy product for distribution from the farm
gate, including cleaning, grading, and packaging,
(g) the on-farm processing of farm products for the purpose of preparing livestock, poultry,
or dairy products for wholesale or retail consumption,
(h) any other livestock activity or process prescribed by Provincial regulation that is carried
on for gain or reward or in the hope or expectation of gain or reward.
COMMERCIAL LIVESTOCK FACILITY means a building and/or outdoor confinement area
used or intended to be used to house or confine livestock, and includes a structure or area
used or intended to be used to store manure.
COMMUNICATIONS means an establishment or facility in the field of communications,
including publishing companies, printing businesses, radio stations, television stations, and
telephone companies.
COMMUNITY GARDEN means a common outdoor space where residents grow and care for
vegetables and/or flowers for personal consumption or non-commercial purposes.
CONSERVATION means a use of land that serves to protect, maintain, or improve an
environmental resource or feature.
CONSTRUCTION YARD means an area used for the storage of construction materials,
supplies, equipment, tools, stockpiles of construction materials and aggregates, and other
items including storage containers, construction trailers, and temporary office trailers.
CONTRACTOR'S YARD means a yard of any general contractor or builder where equipment
and materials are stored or where a contractor performs shop or assembly work.
PART 2- DEFINITIONS
7
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
CONVENIENCE STORE means a retail store that is compatible with a residential area, does
not exceed a floor area of two hundred square metres (200 m2) and has at least eighty percent
(80%) of the retail floor space devoted to the sale and display of groceries.
CORNER LOT -See "LOT, CORNER"
COUNCIL means the Council of the Town of Heart's Content having jurisdiction of the Heart's
Content Municipal Plan and Development Regulations.
CREMATORIUM means a building fitted for the cremation of human remains and includes
everything incidental and ancillary thereto.
CULTURAL AND CIVIC means land or a building used for a cultural or civic activity such as a
museum, art gallery, interpretation centre, cultural centre, outdoor interpretive or educational
display, or used for a government activity not otherwise defined in these Regulations.
DECK means a structure abutting a dwelling or other building that has no walls and is
constructed on piers or a foundation above-grade for use as an outdoor living area.
'ln\'DEVELOPMENT means the carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the use, or the
intensity of use of any land, buildings, or premises and includes:
(a)
the making of an access onto a highway, road, or way,
(b)
the erection of an advertisement or sign,
(c)
the construction of a building,
(d)
the parking of a trailer, or vehicle of any description used for the sale of refreshments
or merchandise, or as an office, or for living accommodation, for any period of time.
and excludes:
(a)
the carrying out of works for the maintenance, improvement or other alteration or any
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building,
(b)
the carrying out by a highway authority of any works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the
road reservation,
( c)
the carrying out by any local authority or statutory undertakers of any works for the
purpose of inspecting, repairing, or renewing any sewers, mains, pipes, cables, or other
apparatus, including the breaking open of any street or other land for that purpose, and
(d)
the use of any building or land within the courtyard of a dwelling house for any purpose
incidental to the enjoyment of the dwelling house as such.
**DEVELOPMENT REGULATIONS means these regulations and regulations and by-laws
respecting development that have been enacted by Council.
*DISCRETIONARY USE means a use that is listed within the discretionary use classes
established in the use zone tables of Council's development regulations.
PART 2 - DEFINITIONS
8
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
DISTANCE means the separation, measured on a horizontal plane, between a lot line, street
line, a watercourse, or other point specified in these Regulations and the nearest part of a
building, structure, excavation, or other use of land.
DISTANCE BETWEEN BUILDINGS means the separation, measured on a horizontal plane,
between the nearest walls of two separate buildings.
DOCK means a recreational wharf structure extending into a body of water, but does not
include a marina, marine facility, or slipway, which are each defined separately in these
Regulations.
DOMESTIC ANIMAL means any animal normally and customarily kept by domestic
households for pleasure and companionship, excluding horses, goats, sheep, pigs, poultry,
pheasants, and livestock.
DOMESTIC SAWMILL - See SAWMILL, DOMESTIC
DOUBLE DWELLING means a building containing two dwelling units, placed one above the
other (duplex), or side by side (semi-detached), but does not include a single dwelling
containing a subsidiary apartment.
DRINKING ESTABLISHMENT means a commercial operation, assembly hall, club, or lounge
in which the sale and consumption of liquor is licensed under the Liquor Control Act, and in
which meals and food may be served for consumption on the premises and entertainment may
be provided.
DRIVEWAY means a vehicular passageway having at least one end thereof connected to a
public street and providing ingress to and/or egress from a lot.
DWELLING means a main building or portion thereof, which contains one or more dwelling
units.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used
or designed as the living quarters for one household.
EDUCATIONAL means an institution of learning that includes primary, elementary, junior high,
and senior high schools, public and colleges, universities, as well as buildings used for
temporary training activities.
EMERGENCY SERVICE means a fire station, police station, ambulance station, rescue centre,
or other facility for the provision of emergency services, including a related training facility.
ENERGY GENERATION FACILITY means a small-scale facility for the generation of
electricity, however, does not include an emergency back-up generator.
PART 2- DEFINITIONS
9
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
ENGINEER means a professionally certified engineer who is employed or retained by Council
or is employed or retained by a developer in relation to a development that requires Council
approval.
ENTERTAINMENT means the use of a building for entertainment activities, and may include
a bowling alley, theatre, games arcade, poolroom, youth centre, or similar use.
*ESTABLISHED GRADE means:
(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
(b)
where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure exclusive of any
artificial embankment or entrenchment.
s tructure
h eight
,
______ J ___ _
EXCAVATION OF LAND means the removal of soil, gravel, or bedrock material to prepare a
site for development or to sell for off-site use.
FENCE means a barrier, railing or other upright structure to mark a boundary, control access,
prevent escape, serve as a landscape feature, or provide some combination of all these
functions. The construction of a fence in Heart's Content requires a development permit.
FISHERIES FACILITY means a facility near or abutting coastal water for a purpose related to
commercial fishing, aquaculture, or fish processing, including a wharf, gear shed, or slipway.
FISHING ENTERPRISE means a commercial fish harvesting operation licensed by Fisheries
and Oceans Canada.
PART 2 - DEFINITIONS
10
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
*FLOOR AREA means the total area of all floors in a building measured to the outside face of
exterior walls.
FORESTRY means the growing and harvesting of trees and, without limiting the generality of
the foregoing, shall include cutting of fuelwood, sawlogs, Christmas trees, and other products.
FRONT LOT LINE (See LOT LINE, FRONT and STREET LINE}
*FRONTAGE (or LOT WIDTH} means the horizontal distance between side lot lines measured
at the building line.
'. l
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a
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_g
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T
:g
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"'
front lot hne
rear lot line
FRONTYARD SETBACK-(Also see SETBACK, FRONTYARD} means the distance between
the "building line" as defined in these regulations and the street line or front lot line.
FUNERAL HOME means the use of a building for the provision of funeral services, which may
include a facility to prepare human remains for interment and a chapel for commemorative
services but does not include a crematorium, which is defined separately.
FUTURE STREET means a portion of land delineated on a development plan as a "Future
Street", which is to be used as a street at some date in the future and which the title of the land
will be vested with Council upon the completion of the development.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use to a
main building on the lot.
GARDEN CENTRE means the use of land, buildings, or structures or part thereof for the
purpose of growing and selling plants and garden equipment and supplies.
GENERAL ASSEMBLY means land or buildings used as gathering places for substantial
numbers of people and, without limiting the generality of the foregoing, includes auditoriums,
convention centres, public and private halls, bowling alleys, theatres, and similar gathering
places.
PART 2 - DEFINITIONS
11
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
GENERAL GARAGE means land or a building used for the commercial repair, maintenance
and storage of motor vehicles and may include the sale of gasoline or diesel oil.
GENERAL INDUSTRY means the use of land or a building to store, assemble, alter, repair,
manufacture, fabricate, pack, can, prepare, break up, demolish, or treat any article, commodity,
or substance. "Industry" shall be construed accordingly.
GENERAL SERVICE means an outlet for servicing, repairing, installing, or renting things and
equipment, without limiting the generality of the foregoing, includes the following examples:
(a)
radio, television, and computer service and repair shops
(b)
locksmith shops
( c)
small appliance service or repair shops
( d)
household and carpenter tool service or repair shops
(e)
tools and equipment rental shops
GLAMPING FACILITY means a visitor accommodation unit for short-term visitor rentals with
amenities designed to be more comfortable than traditional camping, for example, camping
huts, yurts, platform tents, travel trailers, and recreational vehicles.
GRADE - See "ESTABLISHED GRADE".
GREENHOUSE means a building whose roof and sides are made largely of transparent or
translucent material for the cultivation of plants for subsequent sale, transplanting, or personal
use.
GROUP HOME means a residential care home to accommodate no fewer than four (4) and no
more than six (6) persons, exclusive of support staff, in a home-like setting. Subject to the size
limitation, this definition includes, but is not limited to, facilities referred to as "group care
homes", "halfway houses", and "foster homes". Any home that provides care to three or less
persons is treated in these Regulations the same as any other private dwelling.
HABIT AT means an area where plants, animals, and other organisms live and find adequate
amounts of food, water, shelter, and space needed to sustain their populations. Specific
habitats of concern may include areas where species (e.g., geese, ducks, salmon) concentrate
at a vulnerable point in their life cycle or annual migration.
HAZARD LAND means land that poses a hazard or constraint to development such as
wetlands, organic soils, steep slopes, flood plains, contaminated soils, and landslide prone
areas.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes involving
the use of materials or processes, which because of their inherent characteristics constitute a
special fire, explosion, radiation, or other hazard.
HAZARDOUS USE means the use of land or buildings for any purpose that constitutes a
hazard by reason of fire, explosion, radiation, pollution, noxiousness, and risk to human health,
or other hazard.
PART 2 - DEFINITIONS
12
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
HEIGHT - See "BUILDING HEIGHT".
HERITAGE DISTRICT refers to 'The Heart's Content Registered Heritage District" which is the
geographically defined area in Heart's Content so designated by the Heritage Foundation of
Newfoundland and Labrador in 2013.
HERITAGE PROPERTY, DESIGNATED includes: (1} a site, building, or structure that is
designated and protected in accordance the Historic Resources Act and (2) a site, building, or
structure that is designated and protected by the Town of Heart's Content in accordance with
Section 200 of the Municipalities Act 1999.
HERITAGE REGULATIONS mean the "Town of Heart's Content Heritage Regulations", which
were approved and adopted pursuant to the Municipalities Act by the Heart's Content Town
Council on the 14th day of October 2019.
HERITAGE VALUES (refer to Municipal Plan, Section 4.3) mean the historic, cultural, natural,
and aesthetic significance that people attach to a place. Heart's Content's heritage values
derive from its location as the first successful Transatlantic Cable landing in 1866 and its
centuries-long attachment to the fishery. Intrinsic to these values is its cultural landscape,
vernacular architecture, and coastal scenery.
HOME OCCUPATION means a secondary use of a residential property by a resident of the
property to conduct a gainful occupation or business activity.
HOME OFFICE means a secondary use of a dwelling by a resident of the dwelling to conduct
a gainful occupation or business activity that is limited to office uses and that do not involve
regular visitation to the home by clients, customers, or the general public.
HOTEL means a commercial establishment that consists of a building with three or more
attached sleeping units grouped under one roof designed to accommodate the traveling public,
which may or may not have restaurant, retail, and personal services.
INDOOR ASSEMBLY means land or a building used as a gathering place for sports-related
recreational activities and, without limiting the generality of the foregoing, includes arenas,
armories, gymnasiums, and ice rinks.
INDOOR MARKET means the use of a building for the display and sale of goods and produce
by a number of retail enterprises.
INFILL DEVELOPMENT means development or redevelopment occurring on an infill lot.
INFILL LOT means vacant land along a built-up street that is suitable for further
construction or development.
INFILLING means the depositing of soil, gravel, or bedrock material to prepare a site for
development.
PART 2 - DEFINITIONS
13
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
INSPECTOR means any person appointed or engaged as an Inspector by Council or by any
federal or provincial authority or the agent thereof.
KENNEL means any land, building, or structure where five (5) or more dogs, cats or other
domestic animals are boarded, bred, trained, and cared for, and may include a pet grooming
business, but does not include a veterinary clinic.
,w,LAND includes land covered by water, and buildings and structures on, over, or under the
soil and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY means the use of any land or buildings for any industrial use that can be
carried out without hazard, intrusion, or detriment to the amenity of the surrounding area by
reason of noise, vibration, smell, fumes, outdoor storage, waste accumulation, smoke, grit,
soot, ash, dust, glare, or appearance.
LIVESTOCK means any species of poultry, cattle, sheep, swine, goats, llamas, horses, or
other animals that are normally kept and raised on farms for producing food or other animal
derived products, riding (e.g., horses), boarding, breeding, or improving animal nutrition, for
profit, personal use, or otherwise. Livestock does not include domestic animals as defined in
these Regulations.
LIVESTOCK AGRICULTURE,
COMMERCIAL -
See "COMMERCIAL LIVESTOCK
AGRICULTURE"
LIVESTOCK FACILITY, COMMERCIAL - See "COMMERCIAL LIVESTOCK FACILITY"
LOCAL STREET means a street designed primarily to provide access to adjoining land and
which is not designated as a collector street or arterial street in the Municipal Plan or on the
Zoning Map.
*LOT means a plot, tract, or parcel of land, which can be considered as a unit of land for a
particular use or building.
*LOT AREA means the total horizontal area within the boundary lines of the lot.
LOT, CORNER means a lot having two or more sides fronting onto two or more adjacent
streets.
*LOT COVERAGE means the combined area of all buildings on the lot measured at the level
of the lowest floor above the established grade and expressed as a percentage of the total
area of the lot.
PART 2 - DEFINITIONS
14
TOWN OF HEART' S CONTENT DEVELOPMENT REGULATIONS
lot coverage (%) = _tota_l_are_a_
of_stru
_ d_u_ral_foo
_tp_rin_ l( __
s)
total lot area
LOT LINE means a common boundary between a lot and an abutting lot or street.
LOT LINE, FRONT (also see STREET LINE) means the edge of a street reservation as defined
by Council. For individual lots it forms the boundary between the lot and the street.
LOT LINES ===-=-v
YARD
(SETBACK)
R~R
C
BUILDABLE
AREA
. -·-----.
REQUIRED
YARD
I
SIDE 17i
YARD:f' ;
(SETBACK) I
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FRONT
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(SETBACK)
FRONT LOT LINE
-----..J...--''----------.-l---.---
STREET R.O.W.
STREET
LOT WIDTH ( or "FRONTAGE") means the horizontal distance between side lot lines measured
at the building line.
MAIN BUILDING means the building or buildings within which the primary use(s) of a lot is
contained.
MAIN USE means the primary use for which a building, structure or lot is designed, arranged,
or intended, or for which a lot may be used under this regulation.
PART 2 - DEFINITIONS
15
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
MARINA means a dock or basin together with associated facilities where slips, moorings,
supplies, repairs, storage, rentals, refueling, and other services available for boats and other
watercraft. Associated facilities may include boathouses, storage facilities, clubhouses, and
catering facilities.
MARINE FACILITY means a wharf or onshore facility located in the vicinity of coastal waters
for a purpose related to marine transportation, ship repair, refuelling, and other marine services.
MEDICAL SERVICE means a service provided by a physician, dentist or other health care
professional for consultation, diagnosis, and office treatment of humans. Without limiting the
generality of the foregoing, a medical service facility may include associated administrative
offices, waiting rooms, examination rooms, treatment rooms, laboratories, pharmacies, and
dispensaries, but shall not include accommodation for in-patient care or operating rooms.
MEDICAL TREATMENT means a building for the medical care, supervision, and skilled
nursing care of persons suffering from sickness, disease or injury, or for convalescent or
chronically ill persons.
MINERAL EXPLORATION means the search for and sampling of minerals or quarry materials
where the activity or activities involved meet the definition of "development" under the Urban
and Rural Planning Act. "Mineral" and "quarry material" for the purpose of interpreting the
definition of mineral exploration ( development) are as defined in the provincial Mineral Act and
Quarry Materials Act, 1998, respectively. Mineral exploration does not include mining or
mineral working (e.g., quarrying). Activities which meet the definition of mineral exploration
(development) are to be contrasted with mineral exploration activities that do not meet the
definition of development, examples of which include traditional prospecting, geochemical
sampling surveys (of rock, soil, sediment, water, or vegetation), ground-based and airborne
geophysical surveys, and the cutting of survey lines.
MINERAL WORKING means an operation consisting of one or more of the following activities:
the digging for, excavation, and removal of quarry materials (i.e., quarrying) (may involve
blasting), the removal of quarry materials previously excavated, the removal of quarry materials
previously deposited on site, the stockpiling of quarry materials, the processing of quarry
materials (e.g., crushing, screening, washing), the production of civil construction materials
which use quarry materials in their natural form (e.g., asphalt, concrete), the re-processing of
quarry materials including from reclaimed civil construction materials (e.g., reclaimed asphalt,
concrete), the production of soil by blending organic materials with quarry materials, or the
treatment or remediation of soil. "Quarry material" for the purpose of interpreting the definition
of mineral working is as defined in the provincial Quarry Materials Act, 1998. Mineral working
does not include mining but may include mineral exploration (development) as a secondary
activity. Mineral working does not include the excavation and removal of quarry materials as a
by-product of an approved development.
MINING means the use of land or buildings for the extraction of ores and/or salts.
MINISTER means the Minister responsible for the Urban and Rural Planning Act 2000.
PART 2 - DEFINITIONS
16
I~
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
MINOR WATERCOURSE means a watercourse that flows for only part of the year, such as
during snowmelt, spring runoff, and rainstorms.
MOBILE VENDING FACILITY means a transient facility such as a trailer, hotdog stand, ice
cream cart, or tent tha~ is used to display, store, or sell food, beverages, articles, or goods.
MOTEL means an establishment that serves the travelling public, which consists of one or
more buildings containing four or more attached accommodation units, which may or may not
have restaurant, retail, and personal services.
MUL Tl-USE TRAIL means a trail where permitted activities include motorized off-road
recreational vehicles as well as non-motorized uses such as mountain biking and hiking.
*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.
NOXIOUS USE means a use of land or a building which, from its nature or operation, creates
a nuisance, or is liable to become a nuisance, which is offensive or dangerous by reason of
noise, vibration, or emission of gas, fumes, dust, or objectionable odour.
NURSING HOME means a residential care home licensed under Provincial legislation, which
provides long-term nursing and medical care.
OFFICE means a use providing for administrative, governmental, professional services and
general office functions, and includes accounting, bookkeeping, advertising, architectural,
engineering, planning and design, surveying, legal services, counseling, data processing,
telephone services, social services, public relations, consulting, realty offices and similar uses.
OFF-ROAD RECREATIONAL VEHICLE means a motorized off-road recreational vehicle such
as a snowmobile, ATV, side-by-side, or dirt bike.
OPEN SPACE means land set aside to preserve natural areas or to develop passive
recreational uses. Open space may include community gardens, woodlands, fields, walking
trails, passive recreational uses, and outdoor interpretation facilities. It may include minor
structures such as viewing platforms, boardwalks, and outdoor toilets, but shall not include
larger buildings or facilities such as tennis courts and parking lots. Neither shall it include a trail
that allows off-road recreational vehicles, which is covered in these Regulations under the
definition of "multi-use trail.''
OUTDOOR ASSEMBLY means land or outdoor facilities used as a gathering place for
substantial numbers of people and, without limiting the generality of the foregoing, includes
bleachers, grandstands, outdoor ice rinks, amusement parks, fair grounds, exhibition grounds,
drive-in theatres, and similar gathering places.
*OWNER means a person or an organization of persons owning or having the legal right to
use the land under consideration.
PART 2 - DEFINITIONS
17
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
PARKING AREA means a designated area on a lot, other than a driveway, for off-street vehicle
parking.
PARKING SPACE means a designated space in a parking area or a driveway adequate to
park one
automobile with room to open doors on both sides, together with related
maneuvering room and access to a public street.
PASSIVE RECREATIONAL USE means a recreation activity that does not require a
developed site. It includes such uses as walking, bicycling, and skiing trails, but does not
include sports fields, structures, or facilities to accommodate off-road recreational vehicles.
*PERMITTED USE means a use that is listed within the permitted use classes set out in the
use zone tables of Council's development regulations.
PERSONAL CARE HOME means a residential care home licensed under Provincial legislation
that provides lodging, meals, and a limited degree of personal care.
PERSONAL LIVESTOCK USE means the use of land, buildings, or structures for the limited
keeping of livestock animals for personal use.
PERSONAL SERVICE means a service oriented to the personal needs of persons, and without
limiting the generality of the foregoing, includes hairdressing shops, gyms, taxi stands,
computer services, hobby shops, and photo studios.
**PLANNING AREA means a municipal planning area established under Section 6 and 11 of
the Act. For the purpose of these Regulations, the Heart's Content Planning Area takes in the
Heart's Content municipal boundaries.
*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.
PUBLIC BUILDING means a building that is used for a public or non-profit purpose and without
limiting the generality of the foregoing, may include such a building such as a school, place of
worship, municipal facility, community centre, hospital, town hall, and government office.
PUBLIC RIGHT-OF-WAY means a route across privately or publicly owned land that may be
followed, but not deviated from, by members of the public.
*REARYARD DEPTH (also see SETBACK, REARYARD) means the distance between the
rear lot line and the rear wall of the main building on the lot.
RECREATIONAL OPEN SPACE means an outdoor use designed and equipped for the
conduct of sports and/or leisure activities and may include a playground, outdoor skating rink,
golf course, racing track, playing field, dog park, outdoor theatre, water slide, or similar outdoor
facility.
PART 2 - DEFINITIONS
18
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
RECREATIONAL VEHICLE means a self-propelled motor vehicle with facilities for sleeping
and eating, which is used for camping and recreational living but not as a full-time residence.
RECYCLING FACILITY means land or a building used to deposit, store, separate, clean, or
redistribute discarded materials such as drink containers, paper, glass, plastic, and cardboard.
RESIDENTIAL CARE HOME means an accommodation facility or home providing for the care
of aged, sick, injured, or special needs persons, other than in a public hospital, and may include
a personal care home, nursing home, rest home, seniors home, or group home.
RESTAURANT means a building or part thereof, used or occupied for the purpose of serving
the public with meals or refreshments for consumption on the premises.
RETIREMENT ESTABLISHMENT means a building or parcel of land with self-contained
dwelling units designed for people who do not require a high level of assisted home care.
Provision of services such as snow clearing, grounds maintenance, and activity programs may
be provided but each dwelling unit has its own cooking and self-care facilities.
ROW DWELLING (OR TOWNHOUSE) means a dwelling containing no less than three
dwelling units at ground level in one building, each unit separated vertically from the others and
with individual entrances directly from the outside.
SALVAGE YARD means land where old non-operational motor vehicles, equipment, and
structural components are disassembled or stored and second-hand goods such as automobile
tires, building materials, scrap metals and other salvage are collected to be sorted and resold.
SAWMILL, DOMESTIC means a sawmill licensed under the Forestry Act, which is approved
for personal and non-commercial use only.
SENSITIVE AREA means an area that is easily disrupted by human activity, and may include
steep slopes, cliffs, watercourses, wetlands, riparian areas, springs, coastal features, wet and
unstable soils, unstable geology, and vulnerable or threatened flora or fauna.
SERVICE STATION means any land or building used for the sale of petroleum products,
automotive parts and accessories, and the repairing, washing, and polishing of motor vehicles.
SETBACK, FRONTY ARD means the distance between the "building line" as defined in these
regulations and the street line or front lot line.
SETBACK, REARYARD means the distance between the rear lot line and the rear wall of the
main building on the lot.
SETBACK, SIDEYARD means the distance between the side lot line and the nearest sidewall
of a building on the lot.
PART 2 - DEFINITIONS
19
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
ILLUSTRATION Of YARDS AND YARD SETBACXS
I
.,. 1 Interior yard
lla 1
"' ... .,__ __ _,
Ai
street
SHOP means a building or part thereof used for retail trade wherein the primary purpose is the
selling or offering for sale of goods, wares or merchandise by retail or the selling or offering for
sale of retail services but does not include an establishment wherein the primary purpose is
the serving of meals or refreshments, an amusement use, a general garage, or a service
station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated
parking, which is planned, developed, and designed as a unit.
*SIDEYARD DEPTH (Also see SETBACK, SIDEYARD) means the distance between the side
lot line and the nearest sidewall of a building on the lot.
*SIGN means a word, letter, model, placard, board, device, or representation whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as a
memorial, advertisements of local government, utilities and boarding or similar structures used
for the display of advertisements.
SIGHT TRIANGLE means a triangle-shaped portion of land established at a street intersection
in which nothing can be erected, placed, planted, or allowed to grow in such a manner as to
obstruct the sight distance of motorists entering or leaving the intersection. The triangular-
shaped portion of land is formed by the street lines and a line drawn from a point on one street
line to a point in the other street line.
PART 2 - DEFINITIONS
20
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
street
+-- 6rr1
l
E
'° l +-Jm
I
building
SINGLE DWELLING means a free-standing dwelling, which is separate and detached from
other main buildings and consists of a constructed, prefabricated, or manufactured dwelling
unit, but does not include a mini-home or a mobile home.
SLIPWAY means a ramp on the shore where boats are launched and removed from the water.
SLOPE means the rate of vertical change of the surface of the ground expressed as a
percentage and determined by dividing the change in vertical distance (rise) by the change in
horizontal distance (run).
Slope (%) = Rise (m) / Run (m)
Rise
.
.. . ......... .....-. ····--# .,
Run
PART 2- DEFINITIONS
21
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
ST AGE means an elevated platform on the shore with working tables, sheds, etc., where fish
are landed and processed for salting and drying, and supplies are stored.
STORAGE RENTAL FACILITY means the use of land or a building for rented storage of
vehicles, equipment, materials, or other goods.
*STREET means a street, road, highway, or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency vehicles.
STREET FRONTAGE means the portion of a lot that fronts on or abuts a public street.
*STREET LINE (also see LOT LINE. FRONT) means the edge of a street reservation as
defined by Council. For individual lots it forms the boundary between the lot and the street.
STREET RESERVATION means the entire right-of-way in which a street or highway is located,
and which is public property owned by the Town of Heart's Content or the Province.
STRUCTURE means anything constructed or erected with a fixed location on or below the
ground or attached to something having a fixed location on the ground, and includes buildings,
walls, fences, signs, billboards, utility poles, and similar items.
**SUBDIVISION means the dividing of land, whether in single or joint ownership, into two or
more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary
to a self-contained dwelling or other building.
SURFACE WATER means any flowing or standing water on the surface of the earth.
TAKE-OUT FOOD SERVICE means a building or part of a building in which meals and
refreshments are prepared and sold for consumption off the premises.
TEMPORARY USE means a use established for a limited duration with the intent to be
discontinued upon the expiration of the time period.
TINY HOUSE means a single dwelling unit with permanent provisions for living, sleeping,
eating, cooking and sanitation, which complies with the National Building Code, is built on a
permanent foundation, and is not fitted with facilities for towing or to which towing apparatus
can be attached.
TOURIST COTTAGE means a single self-contained visitor accommodation unit used for short-
term visitor rentals.
TOURIST COTT AGE ESTABLISHMENT means a contiguous parcel of land, managed as a
unit, consisting of self-contained tourist cottage units used for short-term stays, and where
accessory uses could include an administrative office, clubhouse, snack bar, convenience
store, and recreational facilities.
PART 2 - DEFINITIONS
22
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
TRANSPORTATION means transportation infrastructure such as airfields, streets, bridges,
culverts, and sidewalks, along with associated buildings and structures.
TRAVEL TRAILER means a trailer, so constructed as to be suitable for being drawn by a motor
vehicle, with facilities for sleeping and eating, which is used for camping and recreational living
but not as a full-time residence.
*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.
UTILITY means a facility used to provide the public with electricity, heat, steam,
communications, water, sewage, waste disposal, recycling, or similar services.
*VARIANCE means a departure, to a maximum of 10 percent from the yard area, lot coverage,
setback, size, height, frontage, or any other numeric requirement of the applicable Use Zone
Table of these Development Regulations.
VEHICLE SALES AND RENT AL means a building or an open area used for storage or display
of three (3) or more motor vehicles for sales and/or rental purposes.
VETERINARY means an establishment used by veterinarians, or practitioners in related
specialties, for practicing veterinary medicine,. where animals are admitted for examination or
treatment, and where limited laboratory and other diagnostic services may be offered but
excludes a kennel.
VISITOR RENTAL DWELLING means a single dwelling used for temporary rentals to the
travelling and vacationing public.
WATER UTILITY means any infrastructure or facility used for water supply management and
operations such as intake pipes and filters, storage tanks, treatment plants, and pipelines.
WATERCOURSE means the full width and length, including the bed, banks, side and
shoreline, or other part, of a river, stream, spring, brook, lake, pond, reservoir, canal, estuary,
or other natural or artificial freshwater body or channel open to the atmosphere, the primary
function of which is the conveyance or containment of water, whether the flow is continuous or
not.
WATERSHED means the surface area contained within a topographical divide above a
specified point on a river, brook, stream, or other flowing body of water.
WETLAND means a land whose soil is saturated with moisture either permanently or
seasonally. Wetlands include swamps, marshes, bogs, fens, and shallow water, among others.
The water found in wetlands can be saltwater, freshwater, or brackish.
PART 2 - DEFINITIONS
23
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
ZONE - See "USE ZONE
11
*ZONING MAP means the map or maps attached to and forming part of the Regulations.
PART 2 - DEFINITIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
PART 3: GENERAL REGULATIONS
3.1
Compliance with Regulations
No development shall be carried out within the Planning Area except in compliance with these
Regulations.
3.2.
Permit Required
Unless otherwise stated in these Regulations, no person shall undertake a development except
where Council has issued a permit for the development.
3.3
Permit to be Issued
Subject to Regulation 3.4 and Regulation 3.5, a permit shall be issued for a development
within the Planning Area that conforms to all requirements of these Regulations, including:
(a)
Part 4 - General Development Standards
(b)
Part 5 - Specific Use Regulations
( c)
Part 6 - Subdivision of Land
(d)
Part 7 - Signs
( e)
Part 8 - Use Zones
(f)
The use classes, standards, and conditions prescribed in Part 9- Use Zone Tables for
the use zone in which the proposed development is located.
(g)
The National Building Code and other ancillary codes, waste disposal regulations, and
any other municipal regulation in force in the Planning Area regarding development,
conservation, and use of land and buildings.
(h)
Other standards of design and appearance as may be established by Council.
3.4
Permit Not to be Issued in Certain Cases
A development permit or approval in principle will not be issued for a development when, in the
opinion of Council, the development would be premature by reason of the site lacking adequate
road access, power, drainage, water supply, or sanitary facilities, or being beyond the natural
development of the area at the time of application, except where the applicant contracts to pay
the full cost of construction of services deemed necessary by Council and such cost shall attach
to and upon the property in respect of which it is imposed.
3.5
Discretionary Powers of Council
(1)
In considering an application for a development permit or approval in principle, Council
shall consider the policies of the Municipal Plan and any further scheme, plan, or
regulations pursuant thereto, and shall assess:
(a)
the general appearance of the development,
(b)
the amenity of the surroundings and potential impacts on viewsheds,
PART 3 - GENERAL REGULATIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(c)
the availability and capacity of municipal water and sewer infrastructure to
service the development,
(d)
the capacity of the street network to handle the traffic load generated by the
development,
(e)
the availability of utilities,
(f)
public safety and convenience,
(g)
other considerations, which in its opinion, are material,
and notwithstanding the conformity of the application with these Regulations, Council
may, in its discretion, and as a result of its consideration of the matters set out in this
Regulation, approve with conditions or refuse the application.
(2)
Where Council receives an application for a discretionary use, it will give public notice
in accordance with Regulation 3.21 (4).
(3)
When approving a discretionary use, Council shall state in writing the basis for its
approval.
3.6
Variances
(Refer to Provincial Development Regulations, Section 12)
( 1 )
Where an approval or a permit cannot be given by Council because a proposed
development does not comply with development standards set out in these
Regulations, Council may, in its discretion, vary the applicable numeric development
standards in the applicable use zone table to a maximum of 1 0 percent if, in Council's
opinion, compliance with the development standards would prejudice the proper
development of the land, building or structure in question, or would be contrary to the
public interest.
(2)
Council shall not allow a variance from numerical development standards set out in a
use zone table if that variance, when considered together with other variances made or
to be made with respect to the same land, building or structure, would have a cumulative
effect that is greater than a 10 percent variance even though the individual variances
are separately not greater than 10 percent.
(3)
Council shall not permit a variance from the development standards in a use zone table
where the proposed development would increase the non-conformity of an existing
development.
(4)
Where Council is to consider a proposed variance from a development standard in a
use zone table, in accordance with Regulation 3.21 (2), it will give written notice of the
proposed variance to all persons whose land, in the opinion of Council, may be affected.
At a minimum, this will include all land located within sixty (60) metres of the property
that is the subject of the variance. Where it deems necessary, Council may provide the
notice to a wider area.
PART 3 - GENERAL REGULATIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
3.7
Non-Conforming Uses
(Refer to Section 108(2) of the Urban and Rural Planning Act 2000 and Sections 14, 15,
and 16 of the Provincial Development Regulations)
(1)
Notwithstanding the Municipal Plan, a scheme, or regulations made under the Urban
and Rural Planning Act 2000, Council shall, in accordance with regulations made under
this Act, allow a development or use of land to continue in a manner that does not
conform with a regulation, scheme, or plan that applies to that land provided that the
non-conforming use legally existed before the registration under Section 24 of the Act
of the plan, scheme or regulations made with respect to that kind of development or
use.
(2)
Notwithstanding Paragraph (1 ), a right to resume a discontinued non-conforming use
of land shall not exceed one year after the discontinuance occurred. For the purpose of
this Regulation, discontinuance of a non-conforming use begins when any one of the
following conditions is met:
(a)
The building or use of land is clearly vacated,
(b)
The owner or tenant has ceased paying business taxes for that use, and
(c)
The owner or tenant has stated in writing that the use has ceased.
(3)
A non-conforming building, structure, or development under the Act, which is allowed
to continue under Paragraph ( 1 ):
(a)
shall not be internally or externally varied, extended, or expanded unless
otherwise approved by Council,
(b)
shall not be structurally modified except as required for the safety of the building,
structure, or development,
( c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50 percent or more of the value of that building, structure or
development has been destroyed, except as provided for in Paragraph (g)
below,
(d)
may have the existing use for that building, structure or development varied by
Council to a use that is, in Council's opinion, more compatible with the plan
and regulations applicable to it,
(e)
may have the existing building extended where, in Council's opinion that
extension is not more than 50 percent of the existing building,
(f)
where the non-conformance is with respect to the standards in these
Regulations, shall not be expanded if the expansion would increase the non-
conformity, and
(g)
where the building, structure, or development is primarily zoned and used for
residential purposes, may, in accordance with the appropriate plan and
regulations, be repaired or rebuilt where 50 percent or more of the value of that
building or structure is destroyed.
(4)
In accordance with Regulation 3.21(3), when considering an application to vary an
existing use of a non-conforming building, structure, or development under Paragraph
(3)(d), Council will, at the applicant's expense, provide public notice of the application
and shall consider any representations or objections received in response to that
advertisement.
PART 3 - GENERAL REGULATIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
3.8
Service Levy
(1)
In accordance with Section 149(2) of the Municipalities Act. 1999, where Council carries
out a public work that enables a real property to be developed or developed to a higher
density, or enhances the value of a property, Council may charge a service levy on the
property.
(2)
The amount of a service levy shall be determined by Council, but shall not exceed the
cost, including finance charges, to Council of constructing or improving the public works
that are necessary for the real property to be developed in accordance with Council's
standards 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 benefitted by the public work related to all the real
property so benefitted; and,
(b)
The density of development made capable or increased by the public work.
(4)
Council may require a service levy to be paid by the owner of the property benefitted
and may specify the time for payment.
3.9
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 guaran-
tee the payment of service levies, ensure site reinstatement, and to enforce the carrying
out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Paragraph (1) may be made in the form of:
(a)
A cash deposit from the developer, to be held by Council,
(b)
A guarantee by a bank, or other institution acceptable to Council, for
expenditures by the developer,
(c)
A performance bond provided by an insurance company or a bank, or
(d)
An annual contribution to a sinking fund held by Council.
(3)
Mineral Workings
(a)
The developer of a mineral working use shall provide a financial guarantee in
the form of a performance bond or unconditional and irrevocable letter of credit
or other form acceptable to Council for an amount to cover the cost of restoring
or landscaping the site after the quarry operations have ended or the site is
abandoned by the applicant.
(b)
The financial guarantee shall be returned when the restoration has been carried
out or the development has been terminated in accordance with conditions
attached to the development permit.
PART 3-GENERAL REGULATIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
3.1 O Dedication of Land for Public Use
Council may require the dedication of a percentage of the land area of any subdivision or other
development for public use, and such land will be conveyed to Council in accordance with
Section 37 of the Act.
Such land must be high quality land suitable for the intended public use and not land that
Council requires to be set aside from development for the purposes of stormwater drainage or
environmental protection.
3.11 Reinstatement of Land
Where the use of a site is discontinued, the intensity of its use is decreased, a development
permit has been revoked or has expired, or a temporary development permit has expired,
Council may order the developer, the occupier of the site, the owner, or all of them to reinstate
the site, remove all or any buildings or erections, cover or fill all wells or excavations, and close
all or any accesses, or do any or all of these things, as the case may be, and the developer,
occupier or owner shall carry out the order of Council and shall put the site in a clean and
sanitary condition to Council's satisfaction.
3.12 Form of Application
(1)
An application for a development permit or for approval in principle shall be made to
Council only by the owner or by a person authorized by the owner on such form as may
be prescribed by Council and every application shall include plans and an application
fee if required.
(2)
Council shall supply to each applicant a copy of the application form referred to in
Paragraph (1) and any available information relevant to the application.
3.13 Register of Applications
Council shall keep a public register of all development applications and shall enter therein
Council's decision upon each application and the result of any appeal from that decision.
3.14 Deferment of Application
(1)
Council may, with the written agreement of the applicant, defer consideration of an
application.
(2)
An application that was properly submitted in accordance with these Regulations, which
has not been determined by Council and on which a decision has not been com-
municated to the applicant within sixty (60) days of the application being received by
Council, shall be deemed to be refused.
PART 3 - GENERAL REGULATIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
3.15 Approval in Principle
(1)
An application for an approval in principle for a subdivision or other form of development
will include a description of the site and the proposed development, including a
professionally prepared drawing, which:
(a)
Delineates the limits of land to be used for the proposed development,
(b)
Shows contours and significant natural features such as wetlands,
watercourses, drainage channels, and slopes that exceed 15 percent,
(c)
Shows existing streets, buildings, and land uses in the vicinity of the site,
(d)
Shows a conceptual layout of proposed streets, trails, and other major
components of the development, and
( e)
Provides any additional information that may be requested by Council.
(2)
Council will not consider an application for an approval in principle unless it includes a
full description of the site and proposed development in accordance with Paragraph (1 ).
(3)
Council may grant an approval in principle if it determines that the proposed develop-
ment complies generally with the intent and purposes of the Municipal Plan and these
Regulations. Council will attach to the approval in principle such conditions that it deems
necessary to ensure the proposed development will be in accordance with the Plan and
these Regulations. It will also outline such details that the applicant will be required to
address before a final development permit will be granted.
(4)
An approval in principle will be valid for a period of one (1) year and may be extended
for one (1) additional year, up to a maximum of two (2) years.
(5)
Where approval in principle is granted, approval of a final development permit will be
subject to the subsequent approval by Council of any details and conditions that were
outlined in the approval in principle.
(6)
Approval in principle will not constitute permission to commence development. No form
of development will commence until Council has issued a proper development permit.
(7)
Council may revoke approval in principle if it determines that the applicant has changed
the proposed development in a way that significantly alters the original intent of the
application or has not adequately addressed conditions or details stipulated in the
approval in principle.
(8)
A decision by Council on an application for an approval in principle can be appealed in
accordance with Section 42 of the Act.
3.16 Development Permit
( 1)
A written development permit issued by Council or its designated staff will constitute
permission to develop in accordance with these Regulations, but such permission shall
not relieve the applicant from full responsibility to obtain all other permits or approvals
PART 3-GENERAL REGULATIONS
30
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
prior to commencement of development and to comply with all other regulations and
statutes during development.
(2)
Council may attach conditions to a development permit to ensure compliance with the
Municipal Plan and these Regulations, and the permit holder will be responsible for full
compliance with these conditions.
(3)
A development permit is valid for a specified period not to exceed one (1) year. If the
development has not commenced, the permit may be renewed at the discretion of
Council.
( 4)
The issuance of a development permit does not prevent Council from thereafter
requiring the correction of errors or ordering the termination of and remedial work on
any development being carried out that is in violation of the Municipal Plan or these
Regulations.
(5)
The approval of an application and associated plans and drawings shall not prevent
Council from thereafter requiring the correction of errors or from ordering the cessation,
removal of, or remedial work on any development in the event the same is in violation
of these Development Regulations or any other regulations or statute.
(6)
Council may revoke a permit:
(a)
for failure by the holder of the permit to comply with these Regulations or any
condition attached to the permit or approval in principle,
(b)
where Council determines that the permit holder has changed the proposed
development in a way that significantly alters the intent of the original
application, or
(c)
where the permit was issued in error or based on incorrect information.
(7)
No person shall change the application for which a development permit was issued
unless Council has issued written approval of the change.
(8)
A copy of the development permit, along with plans and specifications, shall be kept on
the site until the development is completed.
(9)
A decision by Council on an application for a development permit may be appealed in
accordance with Section 42 of the Act.
3.17 Temporary Use
At its discretion, Council may approve a temporary building, structure, or use of land for a
maximum to two (2) years subject to such conditions that it deems necessary.
PART 3 - GENERAL REGULATIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
3.18 Permit Fees
Council may charge a fee for a development permit in accordance with a schedule of fees
adopted by Council.
3.19 Compliance with Government Policies and Regulations
(1)
If Council deems that a proposed development may be affected by a provincial or
federal policy or regulation, the applicant may be required to provide confirmation that
necessary government approvals have been obtained before Council will issue a
development permit.
(2)
If Council deems that a proposed development may trigger the requirements of the
Environmental Assessment Act, the proponent will be advised to consult with the
Department of Environment and Climate Change before Council will issue a
development permit.
(3)
Where these Regulations are more stringent than a provincial or federal act of
regulation, these Regulations will apply.
3.20 Reasons for Refusing or Setting Conditions on a Permit
Council shall, when refusing to issue a permit or attaching conditions to a permit, state in writing
the reasons for so doing.
3.21 Notice of Application
(Refer to Provincial Development Regulations, Sections 13 & 15)
(1)
Notice of an application to Council shall, at the applicant's expense, be given when:
(a)
A variance is to be considered under Regulation 3.6 -Variances,
(b)
A change in a non-conforming use is to be considered under Regulation 3. 7 -
Non-Conforming Uses,
(c)
A proposed discretionary use is to be considered in accordance with Regulation
8.5 - Discretionary Uses.
(d)
A proposed development is listed as a discretionary use in Part 9 - Use Zone
Tables, or
(e)
Council deems that the public should be notified.
(2)
Variance Application
In accordance with Regulation 3.6(4) of these Regulations and Section 13 of the
Provincial Development Regulations, notice of a variance application will be given
directly to persons who are likely to be affected and a minimum of ten (10) days from
the posting of the notice will be provided for persons to respond.
(3)
Application to Change a Non-Conforming Use
In accordance with Regulation 3. 7(4) of these Regulations and Section 15 of the
Provincial Development Regulations, notice of an application to change a non-
PART 3 - GENERAL REGULATIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
conforming use will be given directly to persons who are likely to be affected, and in
addition will be posted on one or more of the following: Council's newsletter, website or
social media page, the Community Channel, local bulletin boards, or by advertisement
in a newspaper circulating in the area. A minimum of ten (10) days from the posting of
the notice will be provided for persons to respond.
( 4)
Discretionary Use Application
In accordance with Regulation 8.5 of these Regulations, notice of an application to
develop a discretionary use, or which otherwise requires Council's discretionary
approval, will be given directly to persons who are likely to be affected, and in addition
will be posted on one or more of the following: Council's newsletter, website or social
media page, the Community Channel, local bulletin boards, or by advertisement in a
newspaper circulating in the area. A minimum of ten (10) days from the posting of the
notice will be provided for persons to respond.
(5)
Discretionary Accessory Building Application
In accordance with Regulation 5.2(3), notice of an application for discretionary
approval of an accessory building will be given directly to persons who are likely to be
affected, and in addition posted on one or more of the following: Council's newsletter,
website or social media page, the Community Channel, local bulletin boards, or by
advertisement in a newspaper circulating in the area. A minimum of ten (10) days from
the posting of the notice will be provided for persons to respond.
(6)
Other Applications Public Should be Aware Of
For any other development that Council deems the public should be made aware, notice
of application will be given directly to persons who are likely to be affected, and in
addition will be posted on one or more of the following: Council's newsletter, website or
social media page, local bulletin boards, or by advertisement in a newspaper circulating
in the area. A minimum of ten (10) days from the posting of the notice will be provided
for persons to respond.
3.22 Monitoring and Enforcement
( 1 )
Council will monitor land uses and development activities throughout the Planning Area
to ensure compliance with the Municipal Plan and Development Regulations.
(2)
Any land use or development that does not comply with the Municipal Plan and these
Development Regulations will be subject to a stop-work order or other such action
deemed necessary by Council to require compliance.
3.23 Delegation of Powers
(Refer to Provincial Development Regulations, Section 18)
In accordance with Section 109(2) of the Act, Council may, by resolution, delegate its authority
to administer these Regulations or part thereof to an employee or other agent of Council. When
delegating this authority, Council shall make that appointment in writing.
PART 3 -GENERAL REGULATIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
3.24 Right of Entry
Any official authorized by Council may enter upon land and may at all reasonable times enter
any development or building for the purpose of making inspections relative to the development.
3.25 Record of Violations
Every inspector shall keep a record of any violation of these Regulations and report that
violation to Council.
3.26 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 stop the development pending final
adjudication in any prosecution arising out of the development.
(2)
A person who does not comply with an order made under Paragraph (1) is guilty of an
offence under the provisions of the Act.
3.27 Notice of Right to Appeal
(Refer to Provincial Development Regulations)
Where Council makes a decision that may be appealed under Section 41 (1) of the Act, Council
shall, in writing, at the time of making that decision, notify the person to whom the decision
applies of the:
(a)
Person's right to appeal the decision to the appeal 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.
3.28 Appeals
(Refer to Provincial Development Regulations)
The Provincial Regulations outline the regulations with respect to appeal requirements, appeal
registration, prohibition of development that is subject to an appeal, notice of an appeal hearing,
the appeal board's hearing of evidence, and its decisions.
3.29 Return of Appeal Fee
In accordance with Section 45(2) of the Act, where an appeal of a Council decision is
successful, an amount of money equal to the appeal fee paid by the appellant shall be paid to
the appellant by Council.
PART 3 - GENERAL REGULATIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
PART 4: GENERAL DEVELOPMENT STANDARDS
4.1
Accesses and Service Streets
(1)
Every access to a street shall be located to the specification of Council to ensure the
safety and efficiency of the street system. Council may require the construction of a
service street to reduce the number of accesses to an arterial street.
(2)
No driveway or other access will be located closer than 10 metres from the street line
of any street intersection.
4.2
Access to Backland Areas
(Also refer to Regulation 6.14)
In order prevent the landlocking of suitable areas for future development, Council may require
developers to provide adequate street access via a minimum right-of-way to adjoining backland
areas. Depending on the development potential of the area to be accessed, Council may
require the right-of-way to be 12.2 metres or 15.0 metres in width.
4.3
Archaeological Sites
(1)
Archaeological sites are protected under the Historic Resources Act. No development,
excavation, or other disturbance of land will be permitted inside a buffer of 100 metres
of the perimeter of a known site without first notifying the Provincial Archaeology Office
so that necessary measures can be taken to ensure that the site is not disturbed or
destroyed.
(2)
If an archaeological site or artifact is discovered during any type of development or land
activity,
the development shall stop and Council will consult with the Provincial
Archaeology Office. Development shall not proceed until the Provincial Archaeology
Office has evaluated the site or authorized the development to proceed.
4.4
Residential Area Buffers
Where a proposed industrial or commercial development abuts a residential area, Council may
require the industrial or commercial development to provide buffer strip not less than ten (10)
metres wide between any residential property and the industrial/commercial area. Conversely,
Council may require a new residential development to provide a buffer strip of not less than ten
(10) metres.
The buffer shall include the provision of such natural or structural barrier as may be required
by Council and shall be maintained by the owner or occupier to the satisfaction of Council.
PART 4-GENERAL DEVELOPMENT STANDARDS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
4.5
Fire Hydrant Buffers
No building, fence, hedge, or other structure will obstruct access to a fire hydrant from the
street, obstruct the visibility of a fire hydrant from the street, or protrude closer than 3.0 metres
to a fire hydrant.
4.6
Watercourses and Wetlands
(1)
Designated Watercourses and Wetlands
Designated watercourses include rivers, streams, lakes and ponds whose shoreline
areas are zoned Environmental Protection on the zoning maps. Generally, the zone
extends up to 30 metres from the ordinary high-water mark of the watercourse but may
extend a shorter or longer distance depending on existing development or where
adjoining land is environmentally sensitive, for example, where shoreline embankments
are steep or where the riparian area abuts a wetland.
(2)
Other Watercourses and Wetlands
Other watercourses and wetlands, which are not located within the Environmental
Protection zone, are subject to the following:
(a)
No development will be permitted within 15 metres of the ordinary high-water
mark of a watercourse or within 15 metres of the edge of a wetland except for:
-
Reconstruction of a building or structure that was in existence on the date
that this Municipal Plan came into effect,
-
A building or structure associated with a public work, for example, a water
treatment facility, water main, or pump house,
-
An open space use such a trail, and
-
A transportation use (e.g., road, bridge, culvert), which by necessity must
cross a watercourse.
(b)
Notwithstanding paragraph (a), if a watercourse or wetland is deemed to be
minor (see definitions below), Council may permit a development subject to
conditions.
A minor watercourse is defined as a (i) drainage course that carries water only
during rain events or snowmelt, (ii) an intermittent stream that does not carry
significant spring runoff, or (iii) a stream that is not fish habitat.
A minor wetland is defined as a wetland less than one (1) hectare in area that
is not associated with a watercourse and is not deemed to be an environmentally
sensitive area.
(3)
Development Within a Body of Water
Council will not approve infilling or other development within a body of water or involving
alteration of a body of water unless the development or alteration has been approved
or exempted by the Water Resources Management Division of the Department of
Environment and Climate Change and any other agency having jurisdiction.
PART4-GENERALDEVELOPMENTSTANDARDS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
4. 7
Building Lines and Setbacks
(1)
Council, by resolution, may establish building lines on an existing or proposed street
and may require any new buildings to be located on those building lines, whether or not
such building lines conform to the standards set out in Part 9 of these Regulations.
(2)
A frontyard building line setback is measured from the street line.
(3)
Notwithstanding the minimum frontyard requirements set out in the Use Zone Tables in
Part 9, Council, at its discretion, may allow development to complement existing
building setbacks on adjoining properties.
(4)
In addition to required approval from Council, the provincial Building Near Highways
Regulation requires that proposed developments located within 20 metres of the centre
line of Route 80 ( corresponds with portions of Main Road and Cove Road) and Route
7 4 ( corresponds with a portion of Main Road} must also acquire permission from the
Department of Transportation and Infrastructure.
(5)
A sideyard setback shall be provided on the exposed sides of every building in order to
ensure safe separations between buildings on adjoining lots and provide access for
building maintenance. An exception may be made for a handicap access ramp as noted
in Regulation 5.1.
4.8
Multiple Uses on a Lot
A multiple use occurs when two or more different use classes exist in a single building or on a
single lot.
(1)
Where a single lot contains more than one permitted use, each use shall conform to all
requirements in these Regulations that are applicable to that use.
(2)
A proposed new use on a multiple-use lot may not be permitted where Council deems
that the use might be incompatible with existing uses on or adjacent to the lot by reason
of safety, amenity, appearance, or nuisance.
4.9
Main Buildings on a Lot
(1)
More than one main building may be permitted on a lot provided that the requirements
set out in the Use Zone Tables in Part 9 are satisfied.
(2)
Notwithstanding Paragraph (1 ), no more than one single dwelling may be permitted on
a lot except at the discretion of Council.
(3)
Where more than one main building is developed on a lot, sufficient area shall be
reserved to satisfy the yard requirements and other allowances outlined in Part 9 for
PART 4- GENERAL DEVELOPMENT STANDARDS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
the Use Zone in which the lot is located. These allowances shall be maintained when
the adjacent land is developed.
4.10 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 frontyard, rearyard, sideyard, frontage, or lot area that is
less than, that permitted for the zone where such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a frontyard,
sideyard, or rearyard, 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.
4.11 Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist in
any residential zone with insufficient frontage or area to permit the owner or purchaser of such
a lot or lots to comply with the provisions of these Regulations, then these Regulations shall
not prevent the issuing of a permit by the Council for the erection of a dwelling thereon, provided
that the lot coverage and height are not greater than, and the yard setbacks and floor area are
not less than the standards set out in these Regulations.
4.12 Street Frontage
Other than exceptions that are provided for in Part 9 - Use Zone Tables, no building shall be
erected on a lot that does not front directly onto a public street.
4.13 Offensive and Dangerous Uses
No building or land shall be used for any purpose that may be dangerous by causing or
promoting fires or other hazards or that may emit noxious, offensive, or dangerous fumes,
smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or that may
create any nuisance that has an unpleasant effect on the senses, unless its use is authorized
by Council.
4.14 Screening and Landscaping
(1)
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.
PART 4-GENERAL DEVELOPMENT STANDARDS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(2)
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 protect the environment, character, and appearance of the
area.
4.15 Public Services and Utilities
Within any zone, Council may permit land to be used in conjunction with the provision of public
services and public utilities if it deems that the use of that land is necessary to the proper
operation of the public service or public utility concerned, provided that the design,
construction, landscaping, and operation of the service or utility, in the opinion of Council, will
be adequate to protect the environment, character, and appearance of the area.
In the Environmental Protection zone, Council will not allow land to be used for public services
and utilities if there is a feasible alternative location for these uses outside those zones.
4.16 Land Capability for Development
The following provisions will apply to all proposed land developments, ranging in scale from
individual lots to multi-lot developments.
(a)
When reviewing a development application, Council shall consider:
(i)
the capacity of municipal water and sewer infrastructure to service the
development,
(ii)
street capacity to handle anticipated traffic load,
(iii)
the capability of the site in terms of slope, soils, geology, water table, surface
and sub-surface drainage, and potential drainage and stormwater impacts on
nearby properties and watercourses, and
(iii)
other factors that Council deems to be relevant.
(b)
Before approving a development, if there are concerns or unanswered questions
regarding water and sewer capacity to service the development, the general biophysical
capability of the site, or potential for adverse drainage or stormwater impacts, Council
may require the development proposal to be reviewed by a certified engineer. The
review shall address all questions and potential concerns identified by Council.
(c)
An approval in principle or a permit to develop will not be granted when in Council's
opinion existing municipal infrastructure has inadequate capacity to service the
development or the clearing, excavation, and infilling of land, or other site developments
will result in unacceptable drainage, environmental, or aesthetic impacts.
4.17 Site Drainage
( 1)
All developments must include measures satisfactory to Council to ensure drainage
from the site will not adversely affect adjacent and nearby lands, private properties,
and watercourses.
PART 4-GENERAL DEVELOPMENT STANDARDS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(2)
Connection of site drainage pipes and other infrastructure to the municipal sanitary
sewer system is strictly prohibited. Any person who is found to have undertaken such
an activity will be responsible for all costs associated with disconnecting from the
sanitary sewer, repairing any damage this has caused, and installing a proper site
drainage system as approved by Council.
4.18 Development on Steep Slopes
( 1)
Slopes Steeper than 20 Percent
No development other than a recreational use or public utility will be permitted on a slope
steeper than 20 precent. An application for such a development must include a biophysical
assessment to identify potential adverse impacts as well as necessary measures to prevent
or mitigate such impacts.
(2)
Slopes of 15 to 20 Percent
On slopes between 15 to 20 percent, development may be permitted at Council's
discretion subject to the following:
(i)
Council may require, at the applicant's expense, an assessment of the proposed
development by a certified planner, civil engineer, geotechnical engineer,
engineering technician, or similar professional.
(ii)
The assessment will evaluate the proposed site grading, landscaping, site
drainage, stormwater management, and the potential for the development to
cause erosion, siltation, and pollution of adjacent lands and watercourses.
(iii)
The assessment will recommend whether or not the development should be
approved.
(iv)
If approval is recommended, the assessment will recommend necessary
measures to prevent or mitigate predicted adverse impacts.
4.19 Preparing a Site for Development
(1)
No clearing of vegetation, excavation, or infilling of land to prepare a site for
development will be permitted until a development permit for the site has been
approved.
(2)
Vegetation clearing and site excavation and infilling will be limited to an extent that is
deemed by Council to be necessary to accommodate the development and
environmentally and aesthetically acceptable.
4.20 Soil and Gravel Removal Incidental to Site Development
(1)
If as part of site preparation for a development, Council may approve limited mineral
working activity including excavation, removal and sale of sand, gravel, or other
aggregates. A quarry permit from the Mines Division of the Department of Industry,
Energy, and Technology may first be required before Council will issue a development
permit for the mineral working activity.
PART 4-GENERAL DEVELOPMENT STANDARDS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(2)
A development permit for incidental mineral working will be valid for the period of the
development or one year, whichever is less, and may be renewed annually at Council's
discretion.
(3)
The permit will specify that site excavation and aggregate removal will be limited to
what is necessary to suitably develop the site. If Council deems that a site excavation
and aggregate removal exceeds what is necessary, an immediate stop work order will
issued.
(4)
When the site work is completed, the area will be landscaped and drained to the
satisfaction of Council.
(5)
If the site work is to be extensive, Council may require the deposit of a surety in
accordance with Regulation 3.9(3), which will be returned to the developer upon
satisfactory completion of the work.
4.21 Unserviced Development
Before approving a subdivision or building permit application in a location where municipal
water and/or sewer services cannot be provided, Council will ensure that the development
complies with all applicable Provincial regulations and requirements for unserviced
development including:
(a)
The "Groundwater Supply Assessment and Reporting Guidelines for Subdivisions
~.
Serviced by Individual Private Wells"
(www.gov.nl.ca/mae/files/waterres-requlations-appforms-unserviced-subdivision-qw-
assessment-guidelines-dwh-revisions. pdf)
(b)
The Sanitation Regulations under the Public Health Act
(www .assembly.nl.ca/legislation/sr/regulations/rc960803.htm)
4.22 Streets
(1)
New streets (see definition of Street in Part 2) will be constructed in accordance with
the design and construction specifications set by Council.
(2)
Existing and new streets will provide for adequate reservations to accommodate
street extensions and connections to backland areas.
(3)
No connecting street, driveway, or other access will be permitted where it might
negatively affect vehicle or pedestrian safety or traffic efficiency.
(4)
New municipal streets will be located such that there will be sufficient land to develop
lots on both sides of the street in accordance with the development standards.
PART 4- GENERAL DEVELOPMENT STANDARDS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
4.23 Sight Lines at Street and Driveway Intersections
So as not to create a safety hazard by obstructing the view of motorists and pedestrians,
(a)
Where an arterial or collector street intersects any other street, all land within a 15-
metre sight triangle from the point of intersection shall be kept free of shrubs, plants,
trees, fences, walls, buildings, or structures exceeding a height of 1.0 metre from the
street grade.
(b)
Where a local street intersects another local street, all occupied lands within an 8-metre
sight triangle from the point of intersection shall be kept free of shrubs, plants, trees,
fences, walls, buildings, or structures exceeding a height of 1.0 metre from the street
grade.
(c)
Where a residential driveway or other access intersects with a street, all land within a
6-metre sight triangle from the point of intersection shall be kept free of shrubs, plants,
fences, walls, buildings, or structures exceeding a height of 1.0 metres from the street
grade.
4.24 Development in the Vicinity of a Public Right-of-Way
(1)
Land development and the erection of buildings and structures will not be permitted on
any site where it might otherwise be permitted under these Regulations, when in the
opinion of Council, the development would impede public passage on a public trail or
other right-of-way or interfere with any legal right of Council to develop or improve the
right-of-way for public access and recreation.
(2)
Council may require a minimum setback or set other terms and conditions to a proposed
development in the vicinity of a public right-of-way to ensure the development will not
obstruct public passage on the right-of-way.
4.25 Forestry and Trees
Forestry uses including commercial and domestic timber harvesting are subject to approval of
Council and the Department of Fisheries, Forestry and Agriculture.
4.26 Coastal Areas
(1)
When reviewing development applications in coastal areas, Council will consider the
environmental suitability of the site regarding steepness of grades, soils, geology,
vegetation, sensitive coastal features, and vulnerability to storm surges and other
marine hazards.
(2)
Except for marine related uses, new development will not be permitted below an
elevation of four (4.0) metres above mean sea level unless it is demonstrated to
PART 4- GENERAL DEVELOPMENT STANDARDS
42
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
Council's satisfaction that the development will not be damaged by a flood, storm surge,
or other storm event.
(3)
Council will not approve, or will impose mitigative conditions on, a proposed
development that it deems will:
(a}
Precipitate or cause pollution to coastal or marine resources
(b}
Cause coastal or marine erosion or sedimentation
( c}
Cause damage to nearby properties
(d}
Increase the likelihood of landslides or rockfalls
(e}
Increase the likelihood of coastal features, infrastructure, or buildings
being affected by flood and storm events
(4)
When approving a development, Council may require special measures to protect
sensitive and hazardous coastal features including vegetation, soils, steep slopes, rock
platforms, and beaches. Excavation and infilling of land to prepare a site for
development will be limited to an extent that is deemed by Council to be environmentally
and aesthetically acceptable.
(5)
Council may require that a plan for an entire area be approved before considering any
subdivision or other development proposal affecting only a portion of the area.
4.27 Wildlife Habitat
(1)
Notwithstanding permitted and discretionary use classes listed in any Use Zone Table,
Council may use its discretionary authority to prohibit any type of development or
resource use in a Wildlife Sensitive Area designated by the Provincial Wildlife Division.
(2)
In considering development applications, Council may use its discretionary authority to:
-
Restrict or set conditions on multi-use trails, cabins, wood cutting, or other land
uses within a 30-metre or wider buffer of important wildlife habitat
-
Restrict or set conditions on multi-use trails, cabins, wood cutting, or other land
uses so as to maintain and protect green belts for wildlife migration between
forested areas and other habitat patches
-
Restrict vegetation clearing between May I and July 31, which is the most sensitive
period for breeding and rearing young for many species.
4.28 Off-street Loading and Parking Requirements
Refer to Appendix C.
PART 4 - GENERAL DEVELOPMENT STANDARDS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
PART 5: SPECIFIC USE REGULATIONS
5.1
Access Ramps and Deck
(1)
At its discretion, after consulting with abutting property owners, Council may permit a
handicapped access ramp to be erected within a minimum front, rear, or sideyard
setback if there is no alternative means to provide the access ramp and the ramp does
not create a safety hazard or block sight lines.
(2)
An open or partially enclosed deck attached to a building shall not extend into the
minimum frontyard, sideyard or flanking road setback and shall not be closer to the rear
lot line than 1.0 metre.
(3)
An access ramp or open deck shall not be deemed to be part of the building when
calculating lot coverage in Part 9 - Use Zone Tables.
5.2
Accessory Buildings on Residential Lots
(1)
General Requirements
(a)
An accessory building will be clearly incidental and complementary to, and located on
the same lot, as the dwelling.
(b)
Where an accessory building is located in the rearyard of the dwelling, the minimum
sideyard and rearyard setback from all property boundaries will be 1.5 metres.
(c)
Where an accessory building is located in the sideyard of the dwelling, the minimum
sideyard setback will be the same as that required for the dwelling.
(d)
No accessory building will be located closer than 3.0 metres to any other building,
whether the other building is on the same lot or an adjoining lot.
( e)
No accessory building will be erected upon an easement.
(2)
Additional Requirements
In addition to the General Requirements outlined in Paragraph (1 ), the following requirements
will apply to the erection of accessory buildings on residential lots.
(a)
Frontyard Location
(i)
No accessory building will be located closer to the street than the front line of
the dwelling, except where approved at Council's discretion in accordance with
Paragraph (ii).
(ii)
Notwithstanding Paragraph (i), at its discretion Council may approve an
accessory building closer to the street than the dwelling provided that:
-
Council deems that the applicant has a legitimate reason to erect the
accessory building closer to the street than the dwelling,
-
Council deems that the placement of the building will not negatively affect
neighbouring properties, and
-
The accessory building shall be no closer than 8.0 metres to the street line.
PART 5-SPECIFIC USE REGULATIONS
44
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(b}
Corner Lots
On a corner lot, at its discretion, Council may permit an accessory building closer to the
flanking street than the main dwelling provided that the building is set back at least 6.0
metres from the flanking street, will not negatively affect neighbouring properties, and
will not impede the required sight line at the street intersection (See Regulation 4.23
of these Regulations}.
(c}
No accessory building will be used for a home ·occupation except as approved at
Council's discretion in conformity with Regulation 5.9 of these Regulations.
(d}
Maximum Floor Area and Height
Development of one or more accessory buildings on a residential lot will be in
accordance with the following table.
Lot Size
Maximum Combined Floor Area
Maximum
of Accessory Buildings
Height
1500 m2 or less 7% of the lot area or 70 m2 , whichever is less
6.0m
1501-3000 m2
7% of the lot area or 100 m2 , whichever is less
6.0m
> 3000 m2
7% of the lot area or 130 m2 , whichever is less
6.0m
(e}
No truck, bus, semi-trailer, freight container, or other vehicle body will be used as an
accessory building.
(f}
Except for personal needs, no accessory building will be used for painting, dismantling,
or scrapping vehicles or machinery.
(3)
Applications for Discretionary Approval
In reviewing an application for discretionary approval with respect paragraphs (a), (b}, and (c),
Council will:
(a}
Require the applicant to submit a site plan showing the placement of the proposed
building relative to the main dwelling and other buildings on the lot as well as on
neighbouring lots,
(b}
Provide notice of the application in accordance with Regulation 3.21 (5) of the
Development Regulations.
(c}
Consider the location and size of the accessory building relative to the main dwelling
as well as dwellings and buildings on neighbouring lots,
(d)
Consider the effect of the accessory building and/or its use on neighbouring lots and
the street,
( e}
Consider site topography and other site factors that Council deems relevant,
(f}
Consider terms and conditions that may be necessary to ensure the location, size,
height, appearance, and use of the accessory building will not significantly affect the
neighbourhood in terms of character, amenities, or property values, and
(g}
Approve the application as submitted, approve the application subject to terms and
conditions, defer the application pending additional information, or refuse the
application.
PART 5 - SPECIFIC USE REGULATIONS
45
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
5.3
Accessory Uses
(1)
Subject to these Regulations, Council may permit an accessory use to a main use in
any zone. An accessory use will be clearly subsidiary and complementary to the main
use, controlled so as to be compatible with the main use and nearby properties, and
subject to special conditions set out in these Regulations or specified on a case-by-
case basis by Council.
(2)
Examples of accessory uses include but are not limited to:
(a)
A facility for the serving of food and alcoholic beverages in a place of assembly,
museum, or hotel,
(b)
A gift or souvenir shop in a museum, hotel, or other commercial establishment,
(c)
An office, small convenience store, or small catering establishment in a
campground,
(d)
A home occupation,
(e)
A woodworking shop, domestic sawmill, hobby shop, games room, exercise
room, or home theatre in a residential accessory building,
(f)
A domestic sawmill that has been approved at Council's discretion in
accordance with Regulation 5. 7
(g)
A tennis court, outdoor rink, or similar facility,
(h)
A personal livestock use that has been approved at Council's discretion in
accordance with Regulation 5.12
(i)
A satellite dish or similar device attached to a building,
G)
A wind generator, solar panel, radio antenna, or similar device.
5.4
Agriculture - Commercial Livestock Facilities
(1)
Except at Council's discretion, no commercial livestock facility designed to
accommodate more than five (5) animal units, will be permitted within:
(a)
300 metres of a residential dwelling except for a farm dwelling or a dwelling on
the same property,
(b)
300 metres of the boundary of land zoned for residential use,
(c)
45 metres of the boundary of the property on which it is to be erected, and
(d)
80 metres of the centre line of a public street.
(2)
Except for a farm dwelling or a dwelling on the same property, no new residential
dwelling shall be developed within 500 metres of an existing livestock facility with
capacity to accommodate more than five (5) animal units unless the dwelling is first
approved by the Agriculture Lands Section of the Department of Fisheries, Forestry and
Agriculture.
(3)
In addition to the above requirements, a new livestock facility will be subject to
applicable Provincial acts and regulations.
PART 5-SPECIFIC USE REGULATIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
5.5
Bed and Breakfasts (B&Bs) and Visitor Rental Dwellings
(1)
Bed and Breakfasts
Where permitted by Council, a bed and breakfast establishment will be subject to the following
conditions:
(a)
It may operate only in a single dwelling unit.
(b)
It will not detract from the residential character of the neighbourhood in terms of scale
or exterior design.
(c)
It will not have more than six (6) guest rooms.
{d)
No wholesale sales or storage of goods will be carried out and any retail sales will be
incidental to the approved use.
(e)
At the discretion of Council, it may include catered dining on a limited-use basis.
(f)
In addition to the required residential parking spaces, it will provide on the same
property a minimum of 1.0 to a maximum of 1.5 off-street parking spaces per guest
room in a driveway and/or developed parking area.
(g)
It must comply with applicable Provincial regulations.
(h)
All grounds and buildings shall be kept in a safe and well-maintained condition.
(2)
Visitor Rental Dwellings
Where permitted by Council, a visitor rental dwelling will be subject to the following conditions:
(a)
It will not detract from the residential character of the neighbourhood in terms of scale
or exterior design.
(b)
It will be rented as a single unit only, and not with different guest rooms rented to
different customers.
( c)
No wholesale or retail sales will be carried out in association with visitor rentals.
(d)
It must comply with applicable Provincial regulations.
(e)
All grounds and buildings shall be kept in a safe and well-maintained condition.
5.6
Childcare Services
Where permitted by Council, a childcare service will conform to the requirements of the Child
Care Services Act and Regulations. If required a license to operate shall be obtained from the
responsible Provincial department. Council will not approve a childcare use that has not
obtained the necessary licenses and approvals from the Province.
5.7
Domestic Sawmill
( 1 )
Where listed as a discretionary use class, Council may permit a domestic sawmill as
an accessory use on a residential lot after giving public notice and considering
comments received.
(2)
Approval of a domestic sawmill will be subject to the following conditions:
(a)
It must have, and operate in accordance with, a domestic mill license issued
under the Mill Regulations under the Forestry Act.
PART 5-SPECIFIC USE REGULATIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(b)
It will not be permitted on any lot less than 1500 m2 in area.
(c)
It must be in the rear yard of the lot, set back at least 5 metres from all lot lines,
and no closer than 20 metres from any neighbouring residential dwelling.
(d)
The operating site will be kept in a continually clean condition, with no significant
outdoor accumulation of logs, wood residues, or equipment.
( e)
The maximum noise level during operation will not exceed 55 decibels at all
property lines. Should noise complaints arise, Council may require sound
mitigation measures as it deems appropriate including moving the mill indoors,
equipment silencers, buffering along lot lines, etc.
(f)
Other requirements deemed necessary by Council.
(3)
If the owner fails at any time to comply with the conditions of approval, a stop work
order will be issued by Council.
5.8
Energy Generation Facilities
Small-scale wind, solar, and hydro generating facilities and associated facilities and services
may be subject to the approval of relevant provincial and federal departments, agencies, and
public utilities. The design and location of such utilities shall take into consideration their impact
on nearby land uses and persons, the environment, and other matters that Council may deem
to be significant.
5.9
Home Occupations
Where permitted by Council, a home occupation will comply with the following conditions:
(a)
It will be clearly secondary to the residential use of the property
(b)
It will be located inside the dwelling unit or, at Council's discretion, may be in an
accessory building on the same lot as the dwelling
(c)
Unless otherwise authorized at Council's discretion, it will not include outdoor storage
of equipment or materials
(d)
Notwithstanding paragraphs (b) and (c), at Council's discretion, a home-based fishing
enterprise may be located in an outdoor area of the lot if it is adequately screened or
fenced-off to Council's satisfaction
(e)
It will employ no less than one person who is a resident of the dwelling and may employ
up to two persons who are not residents of the dwelling
(f)
It will occupy no more than thirty percent (30%) of the floor area of the dwelling
(g)
It will not use or keep in storage any hazardous materials
(h)
It will not use water or generate sewage more than what can be accommodated by the
existing water supply and sewage disposal system
(i)
It will not cause noise, odours, fumes, electrical interference, or other nuisances that
unreasonably affect neighbouring properties
0)
Unless otherwise authorized by Council, sufficient off-street parking space shall be
available on the lot for the parking needs of residents, employees, and clients
PART 5 - SPECIFIC USE REGULATIONS
48
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(k)
Council may require fencing, screening, and/or a minimum space separation to protect
the amenity of adjacent uses
(I)
It will not create traffic safety, traffic congestion, or parking concerns
(m)
It will adhere to all other conditions that Council deems necessary to protect the amenity
of adjacent residential uses and the neighbourhood,
(n)
In reviewing an application for a home occupation, Council will provide notice of the
application in accordance with Regulation 3.21 (4), and
( o)
No change in the type or extent of a home occupation shall take place except with the
approval of Council.
5.10 Mineral Exploration
(1)
Where it is permitted, a mineral exploration use that constitutes a development (in
accordance with the definitions in Part 2) will make provision for buffering and other
mitigations of impacts on residential, commercial, industrial, institutional, recreational,
and environmentally sensitive areas.
(2)
Council will not issue a permit for mineral exploration until all necessary permits and
approvals have been obtained from the Departments of Industry, Energy and
Technology and Environment and Climate Change, or other responsible government
agencies.
(3)
Mineral exploration may be subject to conditions to control noise, appearance,
road
construction, ground disturbance, and other impacts, as well as the duration of
exploration activity. The precise nature of these controls will depend upon the location
of the exploration in relation to built-up and environmentally sensitive areas such as,
watercourses and wetlands.
(4)
Mineral exploration that is not classed as a development by virtue of ground
disturbance, access roads, or use of equipment other than hand tools may be permitted
anywhere in the Planning Area with adequate notification to Council.
5.11 Mineral Working
( 1 )
No new mineral working use will be developed without a development permit issued by
Council. The development, operation, termination, and rehabilitation of a mineral
working site will be carried out only in accordance with terms and conditions specified
in the development permit. The development permit will be revoked if the operator does
not comply with these terms and conditions.
(2)
No development permit will be issued by Council unless the applicant has obtained a
quarry license or lease issued by the Mineral Lands Division of the Department of
Industry, Energy and Technology.
PART 5 - SPECIFIC USE REGULATIONS
49
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(3)
An application to Council for the development of a mineral working use will include a
site development plan with the following information:
(a)
The site's biophysical features
(b)
Delineation of the proposed extraction area
(c)
The type and location of proposed aggregate processing equipment
(d)
A site rehabilitation plan (see Paragraph 17 below)
(4)
Council may permit a mineral working processing plant (e.g., washing and screening
plant, crusher) provided that the use will not significantly affect surrounding land uses by
reason of noise, vibration, fumes, dust, odour, water drainage, unsightly storage of
materials, or general appearance.
(5)
The permit fee for a mineral working use will be determined by Council in an amount
sufficient to cover Council's costs associated with:
(a)
If necessary, a review of the development plan by a professional planner or
engineer,
(b)
Regular inspections of the site to determine compliance with the permit, and
(c)
Inspections to determine acceptable site rehabilitation in accordance with a
rehabilitation plan.
(6)
Except where Council may require a higher buffer, no mineral working extraction or
processing plant will be permitted within:
(a)
300 metres of a residential dwelling or the boundary of a zone that permits
residential development,
(b)
200 metres of a commercial or public building or recreational open space use,
(c)
30 metres of a watercourse or wetland, and
(d)
50 metres of a public street or highway.
(7)
Except where Council may require a higher buffer,
(a)
No dwellings will be permitted within 300 metres of the boundaries of a licensed
mineral working extraction site or processing plant, and
(b)
No commercial or public building or recreational open space use will be
permitted within 200 metres of the boundaries of a licensed mineral working
extraction site or processing plant.
(8)
No blasting or quarrying of hard rock will be permitted within 800 metres of a residential,
commercial, or public building, a recreational open space use, or a zone that permits
residential development.
(9)
An undisturbed buffer strip of at least 30 metres will be maintained between the final
perimeter of a pit or quarry and the boundary of the lot on which it is located.
(10)
Where a proposed mineral working site is located in the vicinity of a public street or
highway, Council may require the owner to provide for natural or artificial screening to
obstruct visibility of the site.
PART 5-SPECIFIC USE REGULATIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(11)
Council may require the mineral working site or excavated area to be fully or partially
enclosed by a fence designed and constructed to Council's specifications.
( 12)
All topsoil and organic material will be securely stockpiled for future rehabilitation of the
site. The operator will ensure that the topsoil is not mixed with aggregate materials.
(13)
No mineral working shall create excessive drainage or erosion onto adjacent properties
or into nearby watercourses.
(14)
No mineral working shall cause the accumulation or ponding of water in any part of the
site.
Settling ponds will be permitted only with approval from the Department of
Environment and Climate Change.
(15)
The mineral working site shall be kept clean of refuse, abandoned vehicles, abandoned
equipment and derelict buildings.
(16)
During seasonal or extended shutdowns, the slope of any sand or gravel embankment
shall not have a gradient steeper than 60 percent for the full depth thereof.
(17)
Site Rehabilitation
(a)
A development application for a new mineral working site will not be approved if
it does not include a plan for site rehabilitation acceptable to Council.
{b)
Council may require the extraction site to be rehabilitated at progressive stages
of extraction.
(c)
Upon abandonment of a mineral working site, the owner will:
(i)
Remove all buildings, machinery, and equipment,
(ii)
Grade all pit and quarry slopes to a slope of less than 60 percent,
(iii)
Rehabilitate the entire excavated area in accordance with the
rehabilitation plan, and
(iv)
If required, close and decommission the access road to the site in
accordance with Council's wishes.
(18)
Financial Guarantee
In accordance with Regulation 3.9(3), Council will require the developer of a mineral
working site to provide a financial guarantee to cover the cost of restoring the site as
specified in Paragraph (17).
(19)
Other such conditions that Council deems as necessary.
5.12 Personal Livestock Use on Residential Lots
(1)
Permitted Only as an Accessory Use
Personal livestock use is listed as a Discretionary Use in the Residential, Heritage District, and
Mixed Development zones. An application for a personal livestock use will be considered only
as an accessory use on a residential property and will be subject to public notice and Council's
consideration of comments received.
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(2)
Species
Applications for small livestock will be considered only for chickens, ducks, geese, quail,
rabbits, and turkeys. Applications for large livestock will be considered only for cows, goats,
horses, and sheep.
(3)
Permit Required
No livestock will be kept on a residential property except with a permit issued by Council. The
permit shall be visibly displayed on the livestock facility. Every permit will expire on December
31 st and must be renewed for the following year.
(4)
Avoidance of Negative Impacts
Every permit holder must ensure that the personal livestock use will not adversely affect
neighbouring properties with regard to noise, unpleasant smells, attraction of vermin, and
unsightly upkeep of premises.
(5)
Minimum Lot Size
The minimum lot size is 600 m2 for the keeping of small livestock animals and 3,000 m2 for the
keeping of large livestock animals.
(6)
Maximum Animals Permitted
If permitted at Council's discretion, the maximum number of animals on a residential property
will be in accordance with the following table (see definition, of "Animal Unit for Personal Use"
in Part 2)
Maximum Number of Animal Units
Lot Size
(including offspring until weanina)
<600 m2
None
600 - 1,000 m2
0.67 AU (small animals only)
>1,000 - 2,000 m2
1.0 AU (small animals only)
>2,000 - 3,000 m2
1.5 AU (small animals only)
>3,000 - 6,000 m2
2.0 AU (small or large animals)
>6,000 m2
2 AU plus 1 AU per 2,000 m2 of additional lot area
( small or large animals)
(7)
Mixing of Species
Any mix of species is permitted provided that the total number of animals does not exceed the
maximum permitted Animal Units.
(8)
Small Livestock Facilities
(a)
A facility for the keeping of small livestock will include an indoor shelter and an enclosed
outdoor run.
(b)
No portion of the facility will be located within five (5) metres of the rear wall of the main
dwelling, two (2) metres of the side and rear boundaries of the lot, twenty (20) metres
of the nearest wall of a dwelling on an adjoining lot, ten (10) metres of a well, and fifteen
(15) metres of a surface water body.
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
( c)
No portion of the facility will be located on any easement or right-of-way.
(d)
The combined area of the facility will be no smaller than four (4) square metres and no
larger than ten (10) square metres
(d)
The facility will be enclosed with a 1.8-metre high fence
(e)
If keeping chickens, ducks, geese, quail, or turkeys, the facility will be covered with fish
netting to prevent access by wild birds so as to minimize potential spread of bird flu or
other bird diseases
(f)
The indoor shelter will be constructed of modern materials and built to be watertight,
resistant to high winds and snow load, vermin resistant and able to be heated in winter
months.
(9)
Large Livestock Facilities
(a)
A facility for the keeping of large livestock will include a barn or other indoor shelter and
an enclosed outdoor containment area.
(b)
No portion of the barn will be located within twenty (20) metres of the rear wall of the
dwelling, eight (8) metres from the side and rear boundaries of the lot, thirty (30) metres
of the nearest wall of a residential dwelling on an adjoining lot, and fifteen (15) metres
of a well or surface water body.
(c)
No portion of the outdoor run will be located within twenty (20) metres of the rear wall
of the dwelling, four (4) metres of the side and rear boundaries of the lot, and twenty
(20) metres of the nearest wall of a residential dwelling on an adjoining lot.
(d)
No portion of the facility will be located on any easement or right-of-way.
( d)
The combined area of the barn and outdoor run will be no smaller than 150 square
metres.
(d)
The facility will be enclosed with a 1.8-metre high fence
(f)
The indoor shelter will be constructed of modern materials and built to be watertight,
resistant to high winds and snow load, vermin resistant and able to be heated in winter
months.
(10)
Facility Maintenance and Animal Care
(a)
All livestock facilities will be maintained continually in a clean condition, free of noxious
odours, substances, and vermin.
(b)
Animals will be provided with clean drinking water and an adequate quantity and quality
of food to allow for healthy growth and maintenance of a healthy body weight.
(c)
Food and water will be kept in receptacles that avoid contamination from excreta.
(d)
Animal excreta will be removed on a weekly basis, and properly contained and disposed
of in an environmentally acceptable manner.
(e)
Animals will not be slaughtered on any property that is not zoned for agriculture use.
(11)
Removal Order
If the permit holder fails at any time to comply with any of the above conditions, a removal order
will be issued by Council and the annual permit will not be renewed.
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
5.13 Residential Care Homes
(1)
A residential care home may be permitted in a residential facility that is of adequate size
to accommodate all persons living in the home including staff.
(2)
The use and appearance of the building shall not adversely affect the amenities of
adjacent residences or the neighbourhood. Council may set conditions aimed at
ensuring the use is compatible with the neighbourhood.
(3)
Council will not approve a residential care home that has not first received necessary
approvals from Digital Government and Service NL and other Provincial agencies
having jurisdiction.
5.14 Retirement Establishments
(1)
An application for a retirement establishment will include a development plan with the
following information:
(a)
Location and full limits of the development
(b)
Layout of accesses and internal roadways
(c)
Number and location of dwelling units
{d)
Recreation facilities, walkways, common gardens, etc.
( e)
Landscaping
(g)
Buffers and screening between the site and nearby land uses
{h)
Delineation of the property on a legal survey
(2)
A retirement establishment will front onto a public street. All dwelling units will be directly
accessible from a public street or an internal roadway on the development site.
(3)
A retirement establishment will be connected to municipal water and sewer.
(4)
If there is future potential that the development may be subdivided into individual
residential lots, each lot will have to front onto a public street as per Regulation 4.12
In this case, the development's internal roadways should meet the minimum road
reservation for a local street as specified in Regulation 6.15 (d).
(5)
Council will require suitable buffers and screening where the development abuts other
land uses that are potentially incompatible. A 50-metre buffer will be required between
a retirement establishment and a campground.
(6)
All grounds will be landscaped and kept in a safe and well-maintained condition.
(7)
The development must comply with all applicable Provincial regulations.
(9)
No expansion or alteration, other than repairs and maintenance, will take place without
the approval of Council.
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
5.15 Salvage Yards
(1)
No salvage yard will be developed or expanded in scale without a development permit
issued by Council. The development, operation, termination, and rehabilitation of a
salvage yard site will be carried out only in accordance with terms and conditions
specified in the development permit. The development permit will be revoked if the
operator does not comply with the terms and conditions of the development permit.
(2)
Except where Council requires a higher buffer, no salvage yard will be permitted within:
(a)
300 metres of a residential or public building or recreational open space use,
(b)
300 metres of the boundary of an area zoned for residential use,
(c)
40 metres of the centerline of a public street, and
(d)
60 metres of a watercourse or wetland.
(3)
No s~lvage yard will be permitted near an area where there may be a concern for
stormwater or groundwater contamination or other potential pollution.
(4)
Council may require a salvage yard to provide for natural or artificial screening to
obstruct visibility from a public street or other public place.
5.16 Service Stations and General Garages
The following requirements shall apply to all proposed service stations and general garages:
(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 street line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and where
a service station is located on a corner lot, the minimum distance between an access
and the intersection of street lines at the junction shall be 10 metres and the lot line
between entrances shall be clearly indicated.
5.17 Storage and Scrapping of Car Wrecks and Other Salvage Materials
The use of land for the storage or scrapping of car wrecks, old machinery and equipment, tires,
scrap metals, used building materials and other recyclables will not be permitted except in an
approved salvage yard.
5.18 Tiny Houses
. A tiny house will not be approved unless it:
(a)
Includes permanent provision for living, sleeping, eating, cooking and sanitation.
(b)
Is constructed on a permanent foundation.
(c)
Conforms fully with the National Building Code.
(d)
Is not fitted with facilities for towing or to which towing apparatus can be attached.
PART 5 - SPECIFIC USE REGULATIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
5.19 Tourist Cottage Establishments and Campgrounds
5.19.1
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
General Requirements
An application for a campground or tourist cottage establishment will include . a
development plan with the following information:
(a)
Location and full limits of the development
(b)
Layout of accesses and internal roads
(c)
Number and location of cottage units and/or campsites
(d)
Accessory uses such as comfort stations, laundry and storage facilities,
washrooms, convenience store, employee accommodations, and outdoor and
indoor recreation facilities
( e)
Water supply and wastewater disposal
(f)
Landscaping
(g)
Buffers and screening between the site and other land uses
(h)
Delineation of the property on a legal survey
All campsites, cottages, and on-site facilities, which form part of the development, will
be accessible only via the internal road network of the development.
Council may require the development to include suitable buffers and screening where
the development abuts a residential area.
The development permit will specify the maximum number of cottage units and/or
campsites to be permitted on the site.
All grounds and buildings shall be kept in a safe and well-maintained condition.
No expansion or alteration, other than repairs and maintenance, will take place without
the approval of Council.
The operation will comply with all bylaws and regulations of Council pertaining to noise
and unruly behaviour.
The development must comply with applicable Provincial regulations.
5.19.2 Tourist Cottage Establishments
(13)
A tourist cottage establishment shall:
(a)
Front onto public street.
(b)
Have an adequately lighted main entrance from sunset to sunrise.
( c)
Have an emergency exit.
(14)
Internal roadways in the tourist cottage establishment shall:
(a)
Provide 24-hour vehicle access to every cottage.
(b)
Be no less than 6.0 metres wide.
( c)
Be designed such that vehicles and trailers will not become mired.
PART 5 - SPECIFIC USE REGULATIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(15)
A tourist cottage establishment shall comply with the following:
(a)
The minimum ground floor area for a cottage unit shall be 46 m2-
(b)
No cottage will be more than one storey in height.
(c)
The minimum distance between individual cottages or buildings containing more
than one cottage unit shall be 6.0 metres.
(d)
The minimum rearyard will be 5.0 metres.
(e)
Each cottage will be clearly numbered.
5.19.3 Campgrounds
(10)
A campground site shall:
(a)
Front onto public street or highway.
(b)
Have a minimum contiguous area of no less than 4000 m2 (0.4 hectares).
(c)
Have an adequately lighted main entrance from sunset to sunrise.
( d)
Have an emergency exit.
(e)
Have a maximum density of 75 campsites per gross hectare.
(11)
Internal roadways in the campground shall:
(a)
Provide 24-hour vehicle access to every campsite.
(b)
Be no less than 6.0 metres wide.
(c)
Be designed and constructed such that vehicles and trailers will not become
mired.
(12)
Every campsite shall:
(a)
If a tent site, have a minimum area of 120 m2 in area and a minimum width of
6.0 metres.
(b)
If a trailer or RV site, have a minimum area of 220 m2 and a minimum width of
12.0 metres.
( c)
Have the corners clearly defined with visible markers.
(d)
Be clearly numbered.
( e)
Have at least one and no more than two vehicle parking spaces.
(f)
Be no less than 50.0 metres from an on-site source of drinking water.
5.20 Tourist Cottages and Glamping Facilities on Residential Lots
Where permitted at Council's discretion, a tourist cottage or glamping facility on a residential
lot, will be subject to the zoning provisions and the following:
(a)
It will be permitted only as a secondary use to an existing residential dwelling
(b)
It will be approved for temporary visitor accommodation only and not for full-time rental
(d)
The lot must be serviced by both municipal water and sewer with adequate provisions
to the satisfaction of Council for water supply and wastewater disposal for each facility
(e)
It will not detract from the residential character of the neighbourhood in terms of scale
or exterior design and may require buffering and/or screening to Council's satisfaction
from neighbouring dwellings
(f)
In addition to the required residential parking spaces, it will provide on the same
property a minimum of 1.0 to a maximum of 1.5 off-street parking spaces per facility
PART 5 - SPECIFIC USE REGULATIONS
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(g)
Total lot coverage of all buildings must not exceed 30% of the lot area
(h)
All other conditions deemed necessary by Council.
5.21 Trails
(1)
Council may designate certain trails for protection from conflicting development or
activities that might impede public passage, undermine the amenities or aesthetics of
the trail environment, or interfere with any legal right of Council to develop or improve
the trails for public access and recreation.
(2)
No building or structure will be permitted on a site where it would otherwise be permitted
under these Regulations, when in the opinion of Council, the development would
impede passage on a designated public trail.
(3)
Generally, Council will protect a corridor no less than 15 metres wide for all designated
trails, although this may be reduced for short distances at Council's discretion.
(4)
A proposal to develop an alternative use within a trail corridor will not be considered
except where the applicant provides for the relocation of the trail in a way that results
in minimal disruption to the trail's continuity and amenities.
(5)
Wherever space and terrain conditions allow, trails will be protected by natural
vegetation buffers that separate the trail from other forms of development, hazard areas
and areas subject to erosion such as sensitive coastal features, riverbanks, and steep
slopes.
5.22 Travel Trailers and Recreational Vehicles
(1)
Where Permitted
A travel trailer or recreational vehicle will not be permitted except:
(a)
In a designated campground.
(b)
As an accessory use on a residential lot.
(c)
At Council's discretion, as a main use on an otherwise vacant lot in the Residential and
Mixed Development zones.
(d)
At Council's discretion, as a glamping facility approved in accordance with Regulation
5.20
(2)
Conditions for Approval as a Main Use
Discretionary approval of a travel trailer or recreational vehicle as a main use on an otherwise
vacant lot in the Residential zone or Mixed Development zone will be subject to the following:
(a)
It will be connected to municipal water and sewer or to on-site water and sewer services
that comply with Provincial requirements for unserviced development (Refer to
Regulation 4.17),
PART 5 - SPECIFIC USE REGULATIONS
58
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
{b)
It will be connected to electricity,
{c)
The lot will be landscaped to Council's satisfaction,
{d)
Except for Minimum Floor Area, it will be subject to the same development standards
as required in the applicable zone for a tiny house, and
{e)
Other such conditions that Council deems necessary.
PART 5- SPECIFIC USE REGULATIONS
59
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
PART 6: SUBDIVISION OF LAND
6.1
Application
Part 6 of these Regulations applies to each of the following:
(a)
The subdivision of a parcel of land under single ownership into two or more lots,
including the residual lot,
(b)
Construction, upgrading, or extension of a public street, and
(c)
Extension or upgrading of the municipal water and sewer system.
6.2
Subdivision Permit Required
(1)
No land in the Planning Area shall be subdivided into two or more lots unless a permit
for the subdivision is first obtained from Council.
(2)
For a subdivision involving street construction and/or installation of municipal water and
sewer services, Council may require the deposit of a surety in a form satisfactory to
Council to ensure completion of the work in accordance with the permit.
6.3
Services to be Provided
No permit shall be issued for a subdivision of land unless provisions satisfactory to Council
have been made for water supply, sewage disposal, and stormwater drainage.
6.4
Payment of Service Levies and Other Charges
No permit will be issued for a subdivision of land 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 these Regulations.
6.5
Permit Subject to Considerations
For every proposed subdivision of land, an application and development plan shall be
submitted to Council.
A subdivision permit shall not be issued when, in the opinion of Council, the subdivision will not
contribute to the orderly growth of the municipality or demonstrate sound design principles.
In considering a subdivision application, Council shall, without limiting the generality of the
foregoing, consider:
(a)
Proposed land uses within the development.
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(b)
The location and natural characteristics of the site, including topography, drainage, soils
and geology, vegetation, wetlands, watercourses, sensitive areas, prevailing winds, and
solar orientation.
(c)
Municipal Plan policies, Development Regulations, and Use Zone affecting the site.
(d)
The capacity of municipal water and sanitary sewer infrastructure, stormwater
infrastructure, and utilities to adequately service the development.
( e)
Provision for access to adjacent undeveloped areas.
(f)
The land use, physical form, and character of adjacent developments.
(g)
The relationship of the project to existing or potential sources of nuisance.
(h)
Visual quality and effect on viewsheds.
(i)
Energy conservation.
0)
Environmental effects with respect to watercourses, wetlands, steep slopes, drainage
patterns, stormwater generation and discharge, and loss of habitat.
(k)
Municipal financial costs related to the provision and maintenance of streets, water and
sewer systems, other infrastructure, and municipal services.
(1)
Such other matters that Council deems to be important.
6.6
Unserviced Development
Before approving a subdivision in a location where municipal water and/or sewer services
cannot be provided, Council will ensure that the development complies with all applicable
Provincial regulations and requirements for unserviced development including:
(a)
The "Groundwater Supply Assessment and Reporting Guidelines for Subdivisions
Serviced by Individual Private Wells"
(www.gov.nl.ca/mae/files/waterres-regulations-appforms-unserviced-subdivision-qw-
assessment-quidelines-dwh-revisions.pdf)
(b)
The Sanitation Regulations under the Public Health Act
(www.assembly.nl.ca/legislation/sr/regulations/rc960803.htm)
6. 7
Building Permits Required
Notwithstanding approval of a subdivision by Council, a separate building permit shall be
obtained for each building proposed for construction in the subdivision, and no building permit
for any building in the area shall be issued until the developer has complied with all the
requirements in these Regulations with respect to the development of the subdivision.
6.8
Form of Application
Application for a permit to develop a subdivision shall be made to Council in accordance with
Regulation 3.12 - Form of Application.
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
6.9
Subdivision Subject to Zoning
The subdivision of land must comply with all provisions of the Use Zone in which the land is
located.
6.10 Building Lines
Council may establish building lines for any subdivision street and require any new building to
be located on such building lines.
6.11 Dedication of Land for Public Use
In accordance with Section 37 of the Act, Council may require land developers to provide land
to the Town land for open space or other public use equal to ten per cent of the gross area to
be developed. In lieu of land dedication, Council may accept a sum of money that is equivalent
to the value of the land that would have been conveyed to be used for the good of the
community.
Land to be provided for public use must be high quality land suitable for the purpose and will
not include land that Council requires to be set aside from development for the purposes of
environmental protection or stormwater control.
6.12 Structure in Street Reservation
The placing of a structure (e.g., hydro pole, fire hydrant, mailbox, bus shelter, signpost) within
any street reservation shall not be approved unless Council is satisfied on the question of safety
regarding the structure's relationship to other buildings or structures within the street
reservation and regarding the safe movement of vehicles and pedestrians.
6.13 Subdivision Requirements
Where a subdivision involves construction of a new street or street extension, all work must be
completed in compliance with the following requirements.
(1)
Street construction must meet the standards set out by Council with respect to:
(a)
street design and cul de sac length
(b)
intersection alignments and locations
(c)
sub-base and base
(d)
asphalt
(2)
Water system construction must meet the standards set out by Council with respect to:
(a)
minimum burial beneath finished grades
(b)
water main and service line materials
(c)
fire hydrants
(d)
placement of main line valves
PART 6-SUBDIVISION OF LAND
62
(3)
(4)
(5)
(6)
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
Sanitary sewer construction must meet the standards set out by Council with respect
to:
(a)
(b)
(c)
gravity sewers
force mains
lift stations
Manholes and catch basins must meet the standards set out by Council with respect
to location, materials, sizing, spacing, frames, grates, and covers.
All services and roadwork must be connected to existing services and roads in
accordance with Council requirements. This may include work outside the limits of the
subdivision boundary and onto existing road reservations and roadways.
The developer is responsible for the reinstatement of all property damaged during the
connection process back to the original condition. This may include, but is not limited to,
curb, sidewalk, asphalt, and seeded areas.
6.14 Access to Backland Areas
(Also refer to Regulation 4.2)
(1)
In order to prevent the landlocking of land that is suitable for future development,
Council will require developers to provide adequate rights-of-way for street access to
adjoining backland areas.
(2)
Depending on the development potential of the area to be accessed, Council may
require the right-of-way width to be a minimum of 12.2 or 15.0 metres. In areas where
there are no significant spatial limitations for access to a backland area or where there
is potential for more than a small number of lots, a 15-metre right-of-way will be
required. In areas of spatial constraint and limited development potential, a 12.2-metre
right-of-way may be permitted.
6.15 Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations unless
the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent, or up to 12 percent at the
discretion of Council where it would otherwise be impossible to develop the site or
compliance with 10 percent would entail excessive cutting and filling of slopes.
(b)
A cul de sac will be subject to the following:
(i)
It will not be permitted unless Council is satisfied that there is no reasonable
alternative to developing the land.
(ii)
It will not be longer than 500 metres.
(iii)
It will not be located so as to appear to terminate a collector street.
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(iv)
The turning circle will have a driving surface diameter of not less than 30 metres.
(v)
Emergency access/ egress to a cul de sac will not be less than 3 metres wide.
( c)
Land will not be subdivided in such a manner as to prejudice the development of
adjoining land (also refer to Regulation 6.14)
(d)
Streets will be designed in accordance with the following minimum standards.
Type of Street
Street
Pavement
Reservation
Width
Arterial
30.0m
15.0 m
Collector
15.0 m
7.3m
Local 1
15.0 m
5.2m
Local2
12.2 m
5.2m
(e)
No street intersection will be closer than 60 metres from another street intersection.
(f)
No street intersection will be constructed at more than 5 degrees of a right angle.
(g)
No more than four streets will join at any one intersection.
(h)
No residential street block will be longer than 490 metres between street intersections
unless permitted at Council's discretion and provided adequate access is provided to
adjoining backlands to the subdivision.
(i)
No residential lot will be more than four times deeper than the lot frontage.
0)
Water and sewer mains will be designed as loops to avoid dead-ending.
(k)
Council may require existing natural, historic, and architectural features to be retained
when a subdivision is developed.
6.16 Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all streets, paving, sidewalks, 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.
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
PART 6 - SUBDIVISION OF LAND
64
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
the developer shall proceed to the construction and installation, at his own cost and in
accordance with the approved designs and specifications and the construction layout
certified by the Engineer, of all such streets and other works deemed necessary by
Council to service the said area.
6.17 Developer to Pay Engineer's Fees and Charges
The developer shall pay to Council all the Engineer's fees and charges for the preparation of
designs and specifications and for the layout and supervision of construction; such fees and
charges being percentages of the total cost of materials and labour for the construction and
installation of all works calculated in accordance with the Schedule of Fees recommended by
the Association of Professional Engineers and Geoscientists of Newfoundland and Labrador
and in effect at the time the work is carried out.
6.18 Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, and paving specified
by Council as being necessary, may, at Council's discretion, be deferred until a later stage of
the subdivision development but the developer shall deposit with Council before approval of
the application, an amount estimated by the Engineer as reasonably sufficient to cover the cost
of construction and installation of the works. In the later stage of the work of development,
Council shall call for tenders for the work of construction and installation of the works, and the
amount so deposited by the developer shall be applied towards payment of the contract cost.
If the contract cost exceeds the deposit, the developer shall pay to Council the amount of the
excess. If the contract price is less than the deposit, Council shall refund the amount of the
excess. Any amount so deposited with Council by the developer shall be placed in a separate
savings account in a bank and all interest earned thereon shall be credited to the developer.
6.19 Transfer of Streets and Utilities to Council
(1)
The developer shall, following approval of the subdivision and upon request of Council,
transfer to Council, at no cost to Council, and clear of all liens and encumbrances:
(a)
All lands in the area proposed for development or subdividing, which are
approved and designated by Council for public use as streets, or other rights-
of-way, or for other public use.
(b)
All services and public works including streets, water supply and distribution
system, sanitary sewer system, storm drainage system, street lighting, and
other infrastructure 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 cost to the developer, test the streets, services and
public works installed in the subdivision and certify his/her satisfaction with their
installation.
PART 6 - SUBDIVISION OF LAND
65
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(9)
Council will not provide maintenance for any street or public work in any subdivision
until such time as the street, service or public work has been transferred to Council.
6.20 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 the lot has
satisfactory access to a street.
6.21 Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building types and for
landscaping in order to enhance the visual aspects of the completed development and
to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by Council, shall not be changed without written
application to and subsequent approval of Council.
PART 6- SUBDIVISION OF LAND
66
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
PART 7: SIGNS
7.1
Intent
The intent of this section is to authorize signs that:
(a)
Are appropriate in size, number, and location to the type of activity or use to which they
pertain.
(b)
Provide reasonable and appropriate means for the public to locate and identify facilities,
businesses, and services without difficulty or confusion.
( c)
Are compatible with their surroundings.
(d)
Protect and enhance the aesthetic qualities of the area.
( e)
Do not create a distraction or safety hazard for pedestrians or motorists.
(f)
Comply wi.th the Heart's Content Heritage Regulations.
7.2
Permit Required
Except in accordance with Regulation 7 .8, no sign shall be erected or displayed in the
Planning Area unless a permit for the sign is first obtained from the Council.
7.3
Provincial Highway
In addition to a permit from Council, the erection or display of a sign on Provincial Routes 80
and 80 shall require a permit from Digital Government and Service NL. Within the Heart's
Content built-up area, Routes 80 and 7 4 correspond to Main Road and Cove Road.
7.4
Form of Application
Application for a permit to erect or display a sign shall be made to the Council in accordance
with Regulation 3.12.
7.5
Approval Subject to Conditions
A permit will only be issued for the erection or display of signs that comply with the appropriate
conditions and standards set out in these Regulations.
7 .6
Signs Prohibited in Street Reservation
No sign will be permitted within, on, or over any highway or street reservation.
7.7
Sign Removal
Council may require the removal of any sign, which, in its opinion:
(a)
is hazardous to pedestrian or vehicle traffic by reason of its siting, colour, illumination,
or structural condition, or
(b)
is unsightly or not maintained to the satisfaction of the Council.
PART 7-SIGNS
67
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
7.8
Signs Exempt from Control
Notwithstanding Regulation 7 .2, the following signs may be erected or displayed without
application to Council:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
on a residential dwelling or within the yard of a dwelling, one nameplate not exceeding
0.2 m2 in area.
on an agricultural, forestry, or quarrying operation, one notice board not exceeding 0.5
m2 in area relating to the operations being conducted on the land.
on a site occupied by an institutional, civic, service, or public use (e.g., church, school,
museum, cemetery), one notice board not exceeding 1.0 m2 in area.
on a commercial or industrial building, a notice board not exceeding 1.0 m2 in area.
on any parking lot, directional signs plus one sign only not exceeding 1.0 m2 in size to
.identify the parking lot.
real estate sales, leasing, and open house signs not exceeding 1 m2-
signs placed by candidates at municipal, provincial, or federal elections.
signs for temporary local events such as festivals, from one month before the event to
no later than one week after its conclusion.
temporary signs on construction sites warning of danger and or outlining the nature of
the development up to a maximum area of 7 .5m2-
7 .9
General Sign Standards
The following standards shall apply to signs erected for a commercial, industrial, or public use.
In accordance with Regulation 7.5, Council may set additional standards or conditions to its
approval of a sign.
(a)
Window Sign - maximum of 1 m2
(b)
Awning/Canopy Sign - maximum of 3 m wide by 0. 75 m high
(c)
Wall Sign - maximum of 3 m wide by 0.75 m high
(d)
Hanging and Projecting Sign - maximum of 1 m2
(e)
Murals - At the discretion of Council.
(f)
Free Standing Sign - one per use, maximum of 5.0 m2
PART 7- SIGNS
68
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
PART 8: USE ZONES
8.1
Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use Zones,
which are shown on the Zoning Map attached to and forming part of these Regulations.
(2)
Subject to Paragraph (3), the permitted use classes, discretionary use classes,
standards, requirements, and conditions applicable to each Use Zone are set out in the
Use Zone Tables in Part 9 of these Regulations.
(3)
Where standards, requirements, and conditions applicable in a Use Zone are not set
out in the Use Zone Tables in Part 9, Council may in its discretion, determine the
standards, requirements and conditions that shall apply.
8.2
Map Interpretation
The boundaries of Use Zones on the Land Use Zoning Maps are general only and, except
where they coincide with roads, shorelines, or other prominent physical features, are not
intended to define exact limits. No zoning amendment will be required for minor adjustments
of the Use Zone boundaries. Other than such minor boundary adjustments, no development
shall be permitted that does not conform to the Use Zone delineated on the Land Use Zoning
Maps.
8.3
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in Part 9
shall be determined by Council in accordance with the classifications and examples set out in
Appendix B.
8.4
Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in the
appropriate Use Zone Table in Part 9 shall be permitted by Council in that Use Zone.
8.5
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in
the appropriate Use Zone Table in Part 9 may be permitted in that Use Zone if Council is
satisfied that the development would not be contrary to the general intent and purpose of these
Regulations, the Municipal Plan, any further scheme or plan or regulation pursuant thereto, or
to the public interest, and only if Council has given notice of the application in accordance with
PART 8- USE ZONES
69
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
Regulation 3.21 (4) and has considered any objections or representations that may be received
on the matter.
8.6
Prohibited Uses
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in
the appropriate Use Zone Tables shall not be permitted in that Use Zone.
PART 8- USE ZONES
70
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
PART 9: USE ZONE TABLES
Before issuing a permit for development or an approval in principle, Council shall review the
application to ensure that it complies with the Use Zone Table for which it is proposed as well
as each of the following:
-
Part 2: Definitions
-
Part 3: General Regulations
-
Part 4: General Development Standards
-
Part 5: Specific Use Regulations
-
Part 6: Subdivision of Land
-
Part 8: Use Zones
-
Appendix A: Land Use Zoning Maps
-
Appendix B: Classification of Uses of Land and Buildings
-
Appendix C: Off-Street Parking Requirements
-
Appendix D: Provincial Development Regulations
Part 9 contains tables for the following Use Zones:
USE ZONE
ABBREVIATION
9.1
Environmental Protection
EP
9.2
Protected Water Supply
PWS
9.3
Residential
RES
9.4
Mixed Develooment
MD
9.5
Heritaoe District
HD
9.6
Commercial-Lia ht Industrial
cu
9.7
Coastal and Marine
CM
9.8
Parks and Ooen Space
POS
9.9
Rural
RU
PART 9- USE ZONE TABLES
71
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
9.1
Environmental Protection (EP) Zone
Intent
The purpose of the Environmental Protection zone is to protect and conserve environmentally
sensitive areas such as watercourses, riparian areas, and wetlands.
ENVIRONMENTAL PROTECTION EP ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
See Re ulation 8.4
See Re ulations 3.21 and 8.5
Conservation
Mineral exploration (See Regulation 5.10)
Open Space (See Condition 3)
Multi-use trail (See Condition 4)
Transportation (See Condition 5)
Utili
See Condition 6
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development is compatible with the Permitted Use Classes and not contrary to
the general intent of the Municipal Plan and Development Regulations. Approval of a
discretionary use will be subject to terms and conditions to ensure it will not detract from the
environmental protection purpose of this zone.
2.
Environmental Control
(1)
Any approved development must be designed and developed to a high environmental
standard as specified in terms and conditions set by Council.
(2)
Where it deems necessary, Council may require a proposed discretionary use to
undergo an appropriate assessment to ensure that the development will be undertaken
in a way that minimizes environmental effects.
3.
Open Space Uses
A structure associated with an open space use, for example, a viewing platform, gazebo, or
picnic shelter, may be permitted at Council's discretion.
4.
Multi-use Trail
A multi-use trail that allows for the use of off-road recreational vehicles may be permitted at
Council's discretion only if:
(a)
Alternative locations for access are not reasonably available
(b)
The trail route extends the minimum reasonable distance for necessary access through
the EP zone
(c)
The trail is not located any Sensitive Wild Area identified by the Provincial Wildlife
Division
PART 9- USE ZONE TABLES
72
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(d)
Potential environmental effects can be minimized or mitigated to the satisfaction of
Council
( e)
The trail meets all other terms and conditions set by Council.
5.
Transportation
(1)
Transportation uses that may be permitted at Council's discretion will be limited to public
streets and associated infrastructure, for example, a culvert or bridge across a stream.
(2)
A transportation use will be permitted only if:
(a)
Alternative locations for access are not reasonably available,
(b)
Potential environmental effects can be minimized or mitigated to the
satisfaction of Council,
( c)
The development can meet reasonable terms and conditions that may be set
by Council, and
(d)
The development has received any necessary Provincial approvals.
6.
Utilities
A building or structure associated with a public utility, for example, a water or sewage treatment
plant, sewage outfall, transmission line, or electrical sub-station, may be permitted at Council's
discretion.
7.
Important Wildlife Habitat
Mineral exploration, multi-use trails, transportation uses, and utility uses will not be permitted
to encroach on a designated Sensitive Wildlife Area or other important wildlife habitat area or
migration corridor that Council deems needs to be protected from development.
PART 9- USE ZONE TABLES
73
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
9.2
Protected Water Supply (PWS) Zone
Intent
The Protected Water Supply zone corresponds to portions of three Provincially protected water
supply areas located within the Heart's Content Planning Area.
-
The Southern Cove Pond water supply area, which is the source water for Heart's Content
-
The New Perlican River water supply area, which is the source water for New Perlican
-
The Terrence Pond water supply area, which is the source water for Heart's Desire
The Southern Cove Water Supply Area (Regulation 113/96 under the Water Resources Act)
is by far the largest protected watershed within the Planning Area. Taking in the lion's share
of lands in the Planning Area, it also extends outside the Planning Area. This includes a large
area inside the Victoria Municipal Planning Area, a small area inside the Heart's Desire
municipal boundary, and significant areas outside any municipal control.
A portion of the New Perlican River water supply area (Regulation 659/96 under the Water
Resources Act) is located in the northeast corner of the Heart's Content Planning Area.
A small corner of the Terrence Pond Water Supply Area (Regulation 714/96 under the Water
Resources Act) overlaps the Heart's Content's Planning Area boundary with Heart's Desire.
PROTECTED WATER SUPPLY (PWS) ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Reoulation 8.4)
(See Reoulations 3.21 and 8.5)
Community gardens
Antenna (See Condition 4)
Conservation
Commercial crop agriculture (See Condition 6)
Open space
Energy generation facility
Forestry
Mineral exploration (See Regulation 5.10)
Mineral working (See Regulation 5.11)
Multi-use trail (See Condition 5)
Transportation (See Condition 4)
Utility (See Condition 4)
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the Permitted Use Classes and not contrary
to the general intent of the Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will not
negatively affect source water in the Southern Cove Pond, New Perlican River, and Terrence
Pond Water Supply Areas.
PART 9- USE ZONE TABLES
74
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
2.
Environmental Control
( 1)
Any approved development must be designed and developed to a high environmental
standard as specified in terms and conditions set by Council.
(2)
Where it deems necessary, Council may require a proposed discretionary use to
undergo an appropriate assessment to ensure that the development will be undertaken
in a way that minimizes environmental effects.
3.
Development within Protected Water Supply Area
(1)
Referral to Water Resources Management Division
All proposals for development within the Southern. Cove Pond, New Perlican River, and
Terrence Pond Water Supply Areas will be referred to the Water Resources Management
Division of the Department of Environment and Climate Change. No development will be
permitted until the required approvals have been issued by the Division.
(2)
Buffer Zones within the Protected Water Supply Areas
Other than a development related to conservation or water supply management and protection,
no development, forest harvesting, agriculture, or other resource use activity will be permitted
in the vicinity of a watercourse except in accordance with the following minimum buffers from
the top of the bank of a watercourse.
Watercourse
Minimum Buffer Width
Intake pond or lake
150 m
Intake river
150 m for 1,000 m upstream and 100
downstream of intake
Main river channel
75m
Major tributaries, lakes, and oonds
50m
Other watercourses
30m
4.
Transportation, Utilities and Antennas
Provincial Highways 7 4 and 80, which pass through portions of the Southern Cove Pond and
Terrence Pond Water Supply Areas, are permitted to continue. Any forest access or other
resource access roads are also permitted to continue.
Existing antennas, water facilities, and other utilities within the PWS zone are permitted to
continue.
New transportation, utility, and antenna uses may be permitted at Council's discretion, subject
to required permit(s) from the Water Resources Management Division.
PART 9 - USE ZONE TABLES
75
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
5.
Multi-use Trail
A multi-use trail that allows off-road recreational vehicles such as A TVs and snowmobiles may
be permitted at Council's discretion only if:
(a)
Alternative locations for access are not reasonably available
(b)
It meets the approval and conditions of the Water Resources Management Division
( c)
The trail is not located in or near any Sensitive Wild Area identified by the Provincial
Wildlife Division
(d)
Potential environmental effects can be minimized or mitigated to the satisfaction of
Council
(e)
It meets all other terms and conditions set by Council.
6.
Commercial Crop Agriculture
A commercial crop agriculture use may be permitted at Council's discretion subject to approval
by the Water Resources Management Division as well as any terms and conditions set by
Council.
PART 9 - USE ZONE TABLES
76
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
9.3
Residential (RES) Zone
Intent
The Residential zone is located on lands fronting onto Cove Road, Main Road, Northern Point
Road and connecting local streets. The intent of the zone primarily is to preserve the amenity
of residential neighbourhoods and accommodate new housing needs. While single dwellings
will continue to predominate, it is Council's objective to ensure housing remains affordable for
all income groups and to take advantage of possible market opportunities for higher density
housing such as row housing. Commercial uses such as arts and crafts studios, home
occupations, bed and breakfasts, visitor rental dwellings, tourist cottages, and glamping
facilities, may be permitted if Council deems that they are compatible with existing residential
uses.
RESIDENTIAL {RES) ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 8.5 and 3.21)
Accessory building (See Regulation
Antenna
5.2)
Apartment building (See Condition 2)
Boarding house
Arts and craft studio (See Condition 3)
Community garden
Bed and breakfast (See Regulation 5.5 and Condition 3)
Conservation
Catering (See Condition 3)
Double dwelling (See Condition 2)
Cemetery
Home office
Childcare (See Regulation 5.6 and Conditions 2 & 3)
Open space
Cultural and civic (See Condition 3)
Single dwelling
Domestic sawmill (See Regulation 5. 7)
Subsidiary apartment (See Condition Emergency service (See Condition 3)
5)
Energy generation facility (See Regulation 5.8)
Transportation
Glamping facility on a residential lot (See Regulation
Utility
5.20)
Home occupation (See Regulation 5.9)
Kennel (See Conditions 3 & 6)
Mineral exploration (See Regulation 5.10)
Mobile vending facility
Multi-use trail (See Condition 8)
Personal livestock use (See Regulation 5.12)
Personal service (See Condition 3)
Recreational open space
Recreational vehicle (See Regulation 5.22)
Residential care home (See Regulation 5.13 and
Conditions 2 & 3)
Retirement establishment (See Regulation 5.14 and
Conditions 2 & 3)
Row dwelling (See Condition 2)
Shop (See Condition 3)
Storaae rental facility
PART 9- USE ZONE TABLES
77
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
Take-out food service (See Condition 3)
Tiny house (See Regulation 5.18)
Tourist cottage on a residential lot (See Regulation 5.20)
Tourist cottage establishment (See Regulation 5.19)
Travel trailer (See Regulation 5.22)
Visitor rental dwelling (See Regulation 5.5 & Condition 3)
DEVELOPMENT STANDARDS
STANDARD
Double
Row
Single
Dwelling
Dwelling
Dwelling
(per unit)
(per unit)
Tiny House,
Travel Trailer,
& Recreational
Vehicle
Fully Serviced Areas {municipal water and municipal sewer)
Minimum lot area
350 m2
200 m2
150 m2
150 m2
Minimum lot width (frontage)
14.0 m
8.0 m
6.0 m
6.0m
Semi Serviced Areas (one of municipal water or municipal sewer)
Minimum lot area
1400 m2
Not
Not
1400 m2
Minimum lot width (frontage)
23.0 m
Permitted
Permitted
23.0 m
Unserviced Areas {no municipal water and no municipal sewer)
Minimum lot area
1860 m2
Not
Not
1860 m2
Minimum lot width (frontage)
30.0 m
Permitted
Permitted
30.0m
All Areas
Minimum floor area (excl. basement)
56.0 m2
56.0 m2
56.0 m2
25 m2
Minimum frontyard setback
7.0 m
7.0 m
7.0 m
7.0 m
Minimum
I Major sideyard
sideyard setback
Minor sideyard
Minimum sideyard setback - flanking
street
Minimum rearyard
Minimum distance between buildings
Maximum lot coverage - all buildings
If lot is larger than 600 m2
If lot is 600 m2 or less
* NA - Not applicable
1. Notwithstanding the above, at its discretion, Council
may permit a frontyard setback to complement existing
setbacks on adjacent lots.
2. A frontyard setback on Main Road and Cove Road
also requires approval from the Department of
Transportation and Infrastructure. Where there is a
conflict, the more restrictive standard will apply.
2.5 m
2.5 m
2.5 m
2.5 m
1.0 m
NA*
NA*
1.0 m
6.0m
6.0m
6.0m
6.0m
7.0m
7.0m
7.0m
6.0m
3.0m
3.0m
3.0m
3.0m
35%
35%
35%
40%
50%
50%
50%
50%
PART 9 - USE ZONE TABLES
78
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
DEVELOPMENT STANDARDS (continued)
Apartment Building
(fully serviced areas only)
STANDARD
1
2
I
3
Bedroom
Bedroom
Bedroom
Minimum lot area
500 m2 or 100 m2 per unit,
whichever is larger
Minimum lot width (frontage)
6.0 m per Qroundfloor unit
Minimum floor area
40 m2 per
48 m2 per I
56 m2 per
unit
unit
unit
Minimum frontyard setback
a.om
A frontyard setback on Main Road and
Cove Road also requires approval from
the Department of Transportation and
Infrastructure. Where there is a conflict,
the more restrictive standard will apply.
Minimum sideyard - both sides
2.5m
Minimum sideyard setback - flanking street
6.0m
Minimum rearyard
a.om
Minimum distance between buildings
3.0m
Maximum lot coverage - all buildings
40%
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development is compatible with the uses within the Permitted Use Classes and
not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion will be subject to terms and conditions to
ensure it will not detract from the residential quality and amenities of the area.
2.
Developments that Must be Connected to Municipal Water and Sewer
Apartment buildings, childcare, double dwellings, residential care homes, retirement
establishments, and row dwellings will not be permitted in any area where municipal water and
sewer services are not available.
3.
Standards for Residential Care Homes, Retirement Establishments, and Non-
Residential Uses
Where a residential care home, retirement establishment, or non-residential development is
permitted:
(a)
It will meet the minimum development standards required by Council.
(b)
It will be designed and maintained to a high standard regarding safety, appearance,
and compatibility with surrounding land uses.
PART 9- USE ZONE TABLES
79
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
(c)
It will meet such other conditions as deemed necessary by Council.
(d)
No change in the Use Class or scale of the development will be permitted except in
accordance with a development permit and conditions set by Council.
4.
Onsite Services
In accordance with Regulations 4.17 and 6.6, no building permit or subdivision application will
be approved for a lot that is not connected to municipal water and/or sewer unless it meets
Provincial requirements for groundwater assessment and sanitary sewage treatment and
disposal.
5.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling. Subsidiary
apartments will not be permitted in double dwellings, row dwellings, or accessory
buildings.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with cooking, sleeping, and
sanitary facilities.
(b)
A minimum floor area of forty (40) square metres is required for a one-bedroom
apartment, plus an additional eight (8) square metres for each additional
bedroom.
6.
Kennels
A kennel, if permitted at Council's discretion, will be subject to such terms and conditions
deemed necessary to restrict the number of dogs, cats, or other animals on the premises and
to minimize potential noise, odour, and other impacts on neighbouring land uses.
7.
Protection of Cemeteries
No development in the Residential zone will be permitted to encroach closer than 8.0 metres
from an existing gravesite or individual grave.
8.
Multi-use Trail
A multi-use trail that allows off-road recreational vehicles may be permitted at Council's
discretion subject to conditions to protect the amenity of nearby residential and other areas and
minimize adverse impacts such as noise and environmental degradation.
PART 9- USE ZONE TABLES
80
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
9.4
Mixed Development (MD) Zone
Intent
The Mixed Development zone extends southward along Main Road from its boundary with the
Heritage District zone to approximately about 250 metres south of the intersection of Main
Road with Cove Road. It includes a mix of public, commercial, and residential land uses.
Existing public uses include the municipal works depot, fire hall, Town Hall, and a cemetery.
Commercial uses include a grocery store, convenience store, gas bar, motel, and restaurant.
Residential development in the form of single dwellings is scattered throughout the zone.
This area has a significant amount of vacant street frontage to accommodate future
development especially around the Main Road-Cove Road intersection.
The intent of the zone is to continue the functional mix of residential and compatible non-
residential uses and facilitate economic opportunities related to tourism, recreational boating,
retail services, visitor accommodations, and food services.
MIXED DEVELOPMENT (MD) ZONE
PERMITTED USE CLASSES
(See Reoulation 8.4)
Accessory building (See Regulation 5.2)
Arts and crafts studio
Bed and breakfast (See Regulation 5.5)
Boarding house
Childcare (See Regulation 5.6 and
Condition 3)
Community garden
Conservation
Double dwelling
Home occupation (See Regulation 5.9)
Home office
Office
Open space
Personal service
Row dwelling (See Condition 3)
Single dwelling
Subsidiary apartment (See Condition 6)
Transportation
Utility
Visitor rental dwelling (See Regulation
5.5)
DISCRETIONARY USE CLASSES
(See Regulations 8.5 and 3.21)
Amusement use
Antenna
Apartment building (See Condition 3)
Campground (See Regulation 5.19 and
Condition 3)
Catering (See Condition 5)
Club and lodge (See Conditions 5)
Commercial accommodations (See Conditions
3 &5)
Communications
Contractor's yard (See Conditions 5)
Cultural and civic (See Conditions 5)
Domestic sawmill (See Regulation 5. 7)
Drinking establishment (See Conditions 5)
Educational
Emergency service
Energy generation facility (See Regulation 5.8)
Entertainment
Funeral home (See Conditions 3 & 5)
Garden centre
Gas bar
General assembly
General garage (See Regulation 5.16)
General service
PART 9 - USE ZONE TABLES
81
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
Glamping facility on a residential lot (See
Regulation 5.20)
Indoor assembly
Indoor market
Kennel (See Condition 8)
Light industry
Medical service (See Conditions 3)
Medical treatment (See Conditions 3)
Mineral exploration (See Regulation 5.10)
Mobile vending facility
Multi-use trail (See Condition 9)
Outdoor assembly
Outdoor market
Personal livestock use
Place of worship
Recreational open space
Recreational vehicle (See Regulation 5.22)
Recycling facility
Residential care home (See Regulation 5.13
and Conditions 3 & 5)
Retirement establishment (See Regulation
5.14 and Conditions 3 & 5)
Service station (See Regulation 5.16 and
Condition 5)
Shop (See Condition 5)
Shopping centre (See Conditions 3 & 5)
Storage rental facility (See Condition 5)
Take-out food service (See Condition 5)
Tiny house (See Regulation 5.18)
Tourist cottage on a residential lot (See
Regulation 5.20)
Tourist cottage establishment (See Regulation
5.19)
Travel trailer (See Regulation 5.22)
Vehicle sales and rental
Veterinary (See Condition 5)
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
DEVELOPMENT STANDARDS
Double
Row
STANDARD
Single
Dwelling
Dwelling
Tiny
Dwelling
(oer unit)
(per unit)
House
Fully Serviced Areas municipal water and municipal sewer'
Minimum lot area
350 m2
200 m2
150 m2
150 m2
Minimum lot width (frontaQe)
14.0m
a.om
6.0m
6.0m
Semi Serviced Areas (one of municipal water or municipal sewer)
Minimum lot area
1400 m2
Not
Not
1400 m2
Minimum lot width (frontage)
23.0m
Permitted
Permitted
23.0m
Unserviced Areas (no municipal water and no municipal sewer)
Minimum lot area
1860 m2
Not
Not
1860 m2
Minimum lot width (frontaQe)
30.0m
Permitted
Permitted
30.0m
All Areas
Minimum floor area ( excl. basement)
56.0 m2
56.0 m2
56.0 m2
25 m2
Minimum frontyard setback
7.0m
7.0m
7.0m
7.0m
1. Notwithstanding the above, at its discretion, Council
may permit a frontyard setback to complement
existing setbacks on adjacent lots.
2. A frontyard setback on Main Road and Cove Road
also requires approval from the Department of
Transportation and Infrastructure. Where there is a
conflict, the more restrictive standard will aooly.
Minimum sideyard I Major sideyard
2.5m
2.5m
2.5m
2.5m
setback
Minor sidevard
1.0 m
NA*
NA*
1.0 m
Minimum sideyard setback - flanking
street
6.0m
6.0m
6.0m
6.0m
Minimum rearyard
7.0m
7.0m
7.0m
6.0m
Minimum distance between buildings
3.0m
3.0m
3.0m
3.0m
Maximum lot coverage- all buildings
If lot is larger than 600 m2
35%
35%
35%
40%
If lot is 600 m2 or less
50%
50%
50%
50%
* NA - Not applicable
PART 9- USE ZONE TABLES
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
DEVELOPMENT STANDARDS (continued)
Apartment Building
(full)' serviced areas only)
STANDARD
1
2
I
3
Bedroom
Bedroom
Bedroom
Minimum lot area
500 m2 or 100 m2 per unit,
whichever is larger
Minimum lot width (frontage)
6.0 m per groundfloor unit
Minimum floor area
40 m2 per
48 m2 per I
56 m2 per
unit
unit
unit
Minimum frontyard setback
a.om
A frontyard setback on Main Road also
requires approval from the Department
of Transportation and Infrastructure.
Where there is a conflict, the more
restrictive standard will apply.
Minimum sideyard - both sides
2.5m
Minimum sideyard setback - flanking street
7.0m
Minimum rearvard
a.om
Minimum distance between buildings
3.0m
Maximum lot coverage - all buildings
40%
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development is compatible with the uses within the Permitted Use Classes and
not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and conditions
to ensure it will not detract from the general quality and amenities of the area.
2.
Mixing of Residential and Non-Residential Land Uses
(1)
Non-Residential Development
A proposed non-residential development in the HD zone may be subject to conditions
set by Council to ensure it is compatible with neighbouring residential uses.
(2)
Residential Development in Non-Residential Areas
A proposed residential development in the HD may be subject to conditions set by
Council to ensure it is compatible with neighbouring non-residential uses.
PART 9- USE ZONE TABLES
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
3.
Developments that Require Municipal Water and Sewer Services
Apartment
buildings,
campgrounds,
childcare,
residential
care
homes,
retirement
establishments, row dwellings, commercial accommodations, funeral homes, medical services,
medical treatment centres, and shopping centres will not be permitted in any area where
municipal water and sewer services are not available.
4.
Onsite Services
In accordance with Regulations 4.17 and 6.6, no building permit or subdivision application will
be approved for a lot without municipal water and/or sewer services unless it meets Provincial
requirements for groundwater assessment and sanitary sewage treatment and disposal and
has been approved by the Water Resources Management Division.
5.
Standards for Residential Care Homes, Retirement Establishments, and Non-
Residential Uses
Where a residential care home, retirement establishment, or non-residential development is
permitted in the Mixed Development zone:
(a)
It will meet the minimum development standards required by Council.
(b)
It will be designed and maintained to a high standard regarding safety, appearance,
and compatibility with surrounding land uses.
(c)
It will meet such other conditions that are deemed necessary by Council.
(d)
No change in the Use Class or scale the development will be permitted except in
accordance with a development permit and conditions set by Council.
6.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling or a commercial
building. A subsidiary apartment will not be permitted in a double dwelling or row
dwelling.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with cooking, sleeping, and
bathroom facilities.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
7.
Protection of Cemeteries
No development in the Mixed Development zone will be permitted to encroach closer than 8.0
metres from an existing gravesite or individual grave.
PART 9- USE ZONE TABLES
85
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
8.
Kennels
A kennel, if permitted at Council's discretion, will be subject to such terms and conditions
deemed necessary to restrict the number of dogs, cats, or other animals on the premises and
to minimize potential noise, odour, and other impacts on neighbouring land uses.
9.
Multi-use Trail
A multi-use trail that allows off-road recreational use may be permitted at Council's discretion
subject to conditions to protect the amenity of nearby residential and other areas and minimize
adverse impacts such as noise and environmental degradation.
PART 9 - USE ZONE TABLES
86
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
9.5
Heritage District (HD) Zone
Intent
Located centrally in the town the Heritage District zone borders Heart's Content Harbour for
approximately 860 metres, extends landward about 300 metres, and takes in about 13 hectares
of land. Its landward boundaries include Station Road to the north, School Road to the east,
and Long Lane to the south. It was designated as the Heart's Content Registered Heritage
District in 2013 by the Heritage Foundation of Newfoundland and Labrador and is subject to
the "Town of Heart's Content Heritage Regulations" which were adopted by Council in 2019
pursuant to the Municipalities Act.
Land uses in the zone include a mix of public, commercial, and residential buildings, two
cemeteries, and open space uses. The zone includes a variety of historically significant
properties included in a recent architectural inventory of the area (Katherine Harvey, Editor,
"Architectural Inventory: The Heart's Content Heritage District, 2017).
The centrepiece of the Heritage District is the Heart's Content Cable Station, constructed in
1876, which is a Provincial Historic Site. Provincially registered heritage structures include the
Society of United Fishman Hall (1869), Hayfield Memorial United Church (1878), Cable Staff
Houses No. 1 and No 2 (1882), and the Western Union Operator's House (1921 ). Other historic
buildings include the Orangeman's Hall (1880), the Anglo-American House (1881 ), Old Jack's
Shop (1900), Western Union staff houses (1918), the Methodist School (now the Mizzen
Museum) (1920s) and up to a dozen more historic homes dating back to the early 1900's.
The intent of the Heritage District zone is to maintain and enhance the compatible functional
mix of land uses that has evolved over time, facilitate economic opportunities related to the
area's historic landscape, and preserve the character and amenity of the area's residential
housing. The intent of the zone is also to complement the Heart's Content Heritage
Regulations, which state the following objective:
"To conserve and protect those buildings, structures, features, and areas of Heart's
Content identified for their historic and aesthetic value and for their potential to
improve our community, instill civic pride, and improve the local economy through
tourism-related businesses while protecting their main use."
Council will carefully manage new development in this zone to preserve and enhance its
historic character, encourage economic development, facilitate compatible redevelopment and
reuse of vacant and underused buildings, and maintain a pleasing and affordable residential
environment.
PART 9- USE ZONE TABLES
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
HERITAGE DISTRICT (HD) ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 8.5 and 3.21)
Accessory building (See Regulation
Amusement use
5.2)
Antenna
Arts and crafts studio
Apartment building
Bed and breakfast (See Regulation
Boathouse (See Condition 9)
5.5)
Catering (See Condition 5)
Boarding house
Cemetery
Childcare (See Regulation 5.6)
Club and lodge (See Condition 5)
Community garden
Commercial accommodations (See Condition 5)
Conservation
Communications
Double dwelling
Cultural and civic (See Condition 5)
Home office
Dock (See Condition 9)
Home occupation (See Regulation
Domestic sawmill (See Regulation 5. 7)
5.9)
Drinking establishment (See Condition 5)
Office
Educational (See Condition 5)
Open space
Emergency service (See Condition 5)
Personal service
Energy generation facility (See Regulation 5.8)
Single dwelling
Entertainment (See Condition 5)
Subsidiary apartment (See Condition
General assembly (See Condition 5)
6)
General service (See Condition 5)
Transportation
Glamping facility on residential lot (See Regulation 5.20)
Utility
Indoor assembly (See Condition 5)
Visitor rental dwelling (See
Indoor market (See Condition 5)
Regulation 5.5)
Kennel (See Condition 7)
Light industry (See Condition 5)
Marina (See Condition 10)
Medical service (See Condition 5)
Mobile vending facility
Outdoor assembly
Outdoor market
Personal livestock use (See Regulation 5.12)
Place of worship (See Condition 5)
Recreational open space
Residential care home (See Regulation 5.13 & Condition
5)
Retirement establishment (See Regulation 5.14 and
Condition 5)
Row dwelling
Shop (See Condition 5)
Slipway (See Condition 9)
Stage (See Condition 9)
Take-out food service (See Condition 5)
Tiny house (See Regulation 5.18)
Tourist cottage on residential lot (See Regulation 5.20)
PART 9- USE ZONE TABLES
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
DEVELOPMENT STANDARDS
Tiny House,
STANDARD
Double
Row
Travel Trailer,
Single
Dwelling
Dwelling
& Recreational
Dwellina
(oer unit)
(per unit)
Vehicle
Minimum lot area
350 m2
200 m2
150 m2
150 m2
Minimum lot width (frontage)
14.0m
8.0m
6.0m
6.0m
Minimum floor area ( excl. basement)
56.0 m2
56.0 m2
56.0 m2
25 m2
Minimum frontyard setback
7.0m
7.0m
7.0m
7.0m
1. Notwithstanding the above, at its discretion, Council
may permit a frontyard setback to complement existing
setbacks on adjacent lots.
2. A frontyard setback on Main Road also requires
approval from the Department of Transportation and
Infrastructure. Where there is a conflict, the more
restrictive standard will ap >Iv.
Minimum
I
Major sideyard
2.5m
2.5m
2.5m
2.5m
sidevard setback
Minor sideyard
1.0 m
NA*
NA*
1.0 m
Minimum sideyard setback- flanking
street
6.0m
6.0m
6.0m
6.0m
Minimum rearvard
7.0m
7.0m
7.0m
6.0m
Minimum distance between buildings
3.0m
3.0m
3.0m
3.0m
Maximum lot coverage - all buildings
If lot is larger than 600 m2
35%
35%
35%
40%
If lot is 600 m2 or less
50%
50%
50%
50%
DEVELOPMENT STANDARDS (continued)
Apartment Building
STANDARD
1
I
2
3
Bedroom
Bedroom
Bedroom
Minimum lot area
500 m2 or 100 m2 per unit,
whichever is larger
Minimum lot width (frontage)
6.0 m per groundfloor unit
Minimum floor area
40 m2 per I 48 m
2 per unit
56 m2 per unit
unit
Minimum frontvard setback
8.0m
A frontyard setback on Main Road also requires
approval from the Department of Transportation
and Infrastructure. Where there is a conflict, the
more restrictive standard will apply.
Minimum sidevard - both sides
2.5m
Minimum sidevard setback - flanking street
7.0m
Minimum rearyard
a.om
Minimum distance between buildings
3.0m
Maximum lot coverage - all buildings
40%
PART 9- USE ZONE TABLES
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
CONDITIONS
1.
Permitted Use Classes
Approval of a permitted use in the Heritage District zone may be subject to conditions to ensure
it will contribute to and not undermine Council's goals for maintaining and enhancing heritage
assets, a pleasing residential environment, and tourism opportunities.
2.
Discretionary Use Classes
A Discretionary Use Class listed in this table may be permitted at Council's discretion provided
the development would be compatible with uses with the Permitted Use Classes and not
contrary to the general intent of the Municipal Plan and these Regulations. Development that
is permitted at Council's discretion will be subject to terms and conditions to ensure it will not
detract from the general quality, amenities, and heritage values of the Heritage District zone.
3.
Heritage Protection and Enhancement
(1)
No existing building or structure the Heritage District zone will be demolished or altered
in exterior appearance except with a permit issued by Council.
(2)
Except for a minor alterations and interior changes, Council will refer all development
and demolition applications in the Heritage District zone to the Heart's Content Heritage
Advisory Committee for recommendations before taking a decision. The Committee
must respond within ten (10) calendar days if it wishes its recomm~ndations to be
considered.
(3)
In considering a development or demolition application in the zone, Council will be
guided by the Heart's Content Heritage Regulations and the recommendations of the
Heritage Advisory Committee.
(4)
No new building, building extension, structure, or site development will be permitted
that, in Council's opinion, does not comply with the Heart's Content Heritage
Regulations or more generally might detract from the Town's heritage values.
4.
Mixing of Residential and Non-Residential Uses
(1)
Non-Residential Development
A proposed non-residential development in a predominately residential area may be
subject to conditions set by Council to ensure it is compatible with neighbouring
residential uses.
(2)
Residential Development in Non-Residential Areas
A proposed residential development in a predominately non-residential area the
Heritage District may be subject to conditions set by Council to ensure it is compatible
with neighbouring non-residential uses.
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
5.
Standards for Residential Care Homes, Retirement Establishments, and Non-
Residential Uses
Where a residential care home, retirement establishment, or non-resi.dential development is
permitted in the Heritage District zone:
(a)
It will meet the minimum development standards required by Council.
(b)
It will be designed and maintained to a high standard regarding safety, appearance,
and compatibility with surrounding land uses.
(c)
It will meet such other conditions that are deemed necessary by Council.
(d)
No change in the Use Class or scale of the development will be permitted except in
accordance with a development permit and conditions set by Council.
6.
Subsidiary Apartments
( 1 )
One subsidiary apartment only may be permitted in a single dwelling or a commercial
building. A subsidiary apartment will not be permitted in a double or row dwelling.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with cooking, sleeping, and
bathroom facilities.
(b)
A minimum floor area of forty (40) square metres is required for a one-bedroom
apartment, plus an additional eight (8) square metres for each additional
bedroom.
7.
Kennels
A kennel, if permitted at Council's discretion, will be subject to such terms and conditions
deemed necessary to restrict the number of dogs, cats, or other animals on the premises and
to minimize potential noise, odour, and other impacts on neighbouring land uses.
8.
Protection of Cemeteries
No development in the Heritage District zone will be permitted to encroach closer than 8.0
metres from an existing gravesite or individual grave.
9.
Boathouses, Docks, Slipways, and Stages
Discretionary approval of a boathouse, dock, slipway, or stage may be subject to conditions
set by Council related to location, size, and appearance in order to ensure a proposed
development is environmentally and aesthetically acceptable and compatible with heritage
values.
A proposed development may require approval from the Departments of Environment and
Climate Change and Fisheries and Oceans Canada before Council can issue a development
permit.
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
10.
Marinas
At Council's discretion, a marina may be permitted if it is for commercial or public use and is
deemed by Council to be environmentally and aesthetically acceptable, compatible with
heritage values, and not contrary to the public interest.
Approval of a proposed development will be subject to terms and conditions set by Council.
A proposed development may require approval from the Departments of Environment and
Climate Change and Fisheries and Oceans Canada before Council can issue a development
permit.
PART 9- USE ZONE TABLES
92
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
9.6
Commercial-Light Industrial (CLI) Zone
Intent
The Commercial-Light Industrial zone is located on the east side of Main Road opposite its
intersection with Cove Road as well as a much smaller area on the east side of Main Street
near the Heart's Content Fire Hall. Existing uses in this zone include two vehicle repair garages
and the Provincial highways depot.
The intent of the CU zone is to protect the amenity of existing uses and allow for more land-
extensive commercial and industrial development that cannot be accommodated or might not
be compatible in other areas of the town.
COMMERCIAL-LIGHT INDUSTRIAL (CLI) ZONE
PERMITTED USE CLASSES
(See Reoulation 8.4)
Conservation
Contractor's yard
Emergency service
Garden centre
General garage (See Regulation 5.16)
General service
Light industry
Office
Open space
Recycling facility
Service station (See Regulation 5.16)
Shop
Storage rental facility
Transportation
Utility
Vehicle sales and rental
1.
Discretionary Use Classes
DISCRETIONARY USE CLASSES
(See Regulations 8.5 and 3.21)
Antenna
Autobody shop
Construction yard
Energy generation facility
General industry
Mineral exploration {See Regulation 5.10)
Salvage yard {See Regulation 5.15)
CONDITIONS
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development is compatible with the uses within the Permitted Use Classes and
not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and conditions
to ensure it will not detract from the general quality and amenities of the area.
PART 9- USE ZONE TABLES
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
2.
Development Standards
Where a development is permitted in the CLI zone:
(a)
It will meet the minimum development standards required by Council.
(b)
The frontyard setback on Main Road and Cove Road must be approved by both Council
and the Department of Transportation and Infrastructure. Where there is a conflict, the
more restrictive standard will apply.
(c)
It will be designed and maintained to a high standard regarding safety, appearance,
and compatibility with surrounding land uses.
( c)
It will meet such other conditions that are deemed necessary by Council.
(d)
No change in the Use Class or scale of the development will be permitted except in
accordance with a development permit and conditions set by Council.
PART 9- USE ZONE TABLES
94
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
9.7
Coastal and Marine (CM) Zone
Intent
The Coastal and Marine zone abuts most of the saltwater shoreline between Southern Cove
to the Heart's Content Lighthouse at Northern Point. Exceptions include the shoreline at mouth
of Mizzen Pond Brook, which is zoned Environmental Protection, the shoreline in the Heritage
District zone, and shoreline at the Lighthouse site, which is zoned Parks and Open Space.
Existing land uses in the Coastal and Marine zone include scattered wharves and slipways,
some accessory buildings and stages located to the rear of residential properties, and the
fishery marine centre in the northeast corner of the harbour.
The intent of this zone is to protect sensitive coastal features and scenery and accommodate
commercial fishing, marine, and recreational, uses that have bona fide need for shoreline
access. Permitted uses include conservation, open space, and small-scale marine uses such
as recreational docks and stages. More substantial marine and fisheries facilities will be
considered on a discretionary basis.
COASTAL AND MARINE (CM) ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 3.21 and 8.5)
Conservation
Boathouse (See Condition 3)
Open space
Dock (See Condition 3)
Utility
Fisheries facility (See Condition 4)
Marina (See Condition 4)
Marine facility (See Condition 4)
Mineral exploration (See Regulation 5.10)
Slipway {See Condition 3)
Stage (See Condition 3)
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the Permitted Use Classes and not contrary
to the general intent of the Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will not
detract from the general quality, amenities, scenery, and heritage values of the area.
PART 9 - USE ZONE TABLES
95
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
2.
Protection of Aesthetic and Heritage Values
(1)
Council may impose special conditions or restrictions on proposed developments to
ensure that aesthetic and heritage values will not be compromised.
(3)
In accordance with Regulation 3.21 (1 )(e) and Regulation 3.21 (6), Council may give
public notice and invite comments on any proposed development or demolition that it
deems may potentially negatively affect aesthetic or heritage values.
(4)
Council may refuse to approve a proposed demolition, new building, building extension,
structure, or site development that in its opinion would negatively affect the coastal
scenery and heritage values of the area.
3.
Boathouses, Docks, Slipways, and Stages
Discretionary approval of a boathouse, dock, slipway, or stage may be subject to conditions
set by Council related to location, size, and appearance in order to ensure a proposed
development is environmentally and aesthetically acceptable and compatible with heritage
values.
A proposed development may require approval from the Departments of Environment and
Climate Change and Fisheries and Oceans Canada before Council can issue a development
permit.
4.
Fisheries, Marine, and Marina Developments
At Council's discretion, a fishery, marine, or marina facility may be permitted if it is for
commercial or public use and is deemed by Council to be environmentally and aesthetically
acceptable, compatible with heritage values, and not contrary to the public interest.
Approval of a proposed development will be subject to terms and conditions set by Council.
A proposed development may require approval from the Departments of Environment and
Climate Change and Fisheries and Oceans Canada before Council can issue a development
permit.
5.
Excavation and Infilling in Shoreline Areas
In shorefront areas, no excavation or infilling will be permitted above or below the water
line except where it is relates to an approved dock, slipway, public work, fisheries, or
marine use that has been approved by Council and received necessary approvals from
the Departments of Environment and Climate Change and Fisheries and Oceans
Canada.
PART 9 - USE ZONE TABLES
96
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
9.8
Parks and Open Space (POS) Zone
Intent
The Parks and Open Space zone includes lands set aside for parks, protected open space,
recreation and assembly uses, campgrounds, cultural and civic uses, cemeteries, and
community events and activities.
Existing land uses in areas zoned POS include Heart's Content Lighthouse and surrounding
area, Uncle Bill Piercey's Store, a registered heritage property on Northern Point Road, the
community park at Mizzen Pond, Mizzen Trail, and the cemetery near the Main Road-Cove
Road intersection.
PARKS AND OPEN SPACE (POS) ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 8.5 and 3.21)
Community garden
Campground (See Regulation 5.19)
Conservation
Catering
Open space (See Condition 2)
Cemetery
Cultural and civic
Energy generation facility
General assembly
Indoor assembly
Indoor market
Mineral exploration (See Regulation 5.10)
Mobile vending facility
Outdoor assembly
Outdoor market
Recreational open space
Retirement establishment (See Regulation 5.14)
Shop
Transportation
Utility
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the Permitted Use Classes and not contrary
to the general intent of the Municipal Plan and Development Regulations. Approval of a
discretionary use may be subject to terms and conditions to ensure it will not detract from the
general intent of this zone.
PART 9 - USE ZONE TABLES
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TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
2.
Buildings and Structures Associated with Open Space
Buildings and structures customarily associated with open space uses (e.g., viewing platforms,
gazebos, public toilets, picnic shelters} will be permitted.
3.
Protection of Cemeteries
No development in the POS zone will be permitted to encroach closer than 8.0 metres from an
existing gravesite or individual grave.
PART 9- USE ZONE TABLES
98
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
9.9
Rural (RU) Zone
RURAL (RU ZONE
PERMITTED USE CLASSES
(See Regulation 8.4)
Antenna
Community garden
Conservation
DISCRETIONARY USE CLASSES
(See Regulations 8.5 and 3.21)
Campground (See Regulation 5.19)
Catering (See Condition 5)
Cemetery
Commercial crop agriculture
Energy generation facility (See Regulation 5.8)
Forestry
Commercial livestock agriculture (See
Regulation 5.4)
Mineral exploration (See Regulation 5.10)
Open space
Transportation
Utility
Construction yard (See Condition 3)
General industrial (See Condition 3)
Indoor market (See Condition 5)
Light industrial (See Condition 3)
Mineral working (See Regulation 5.11)
Mining
Mobile vending facility
Multi-use trail
Outdoor market (See Condition 5)
Recreational open space
Salvage yard (See Regulation 5.15)
Shop (See Condition 5)
Single dwelling (See Condition 2)
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use Classes
and is not contrary to the general intent of the Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will be
reasonably compatible with surrounding land uses and will not detract from the general quality
and amenities of the area.
2.
Single Dwelling
At its discretion, Council may permit a single dwelling that is accessory to a commercial
agricultural use, subject to the following:
(a)
It is demonstrated to Council's satisfaction that the agriculture use is a bona fide
commercial operation from which the owner derives a major portion of his or her
income, and
(b)
It is demonstrated to Council's satisfaction that full-time habitation on the site is
necessary for the feasible operation of the agricultural use.
PART 9 - USE ZONE TABLES
99
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
( c)
The dwelling will be subject to such terms and conditions as deemed appropriate by
Council.
3.
Construction Yards and Industrial Uses
At its discretion, Council may permit a construction yard or general or light industrial use that
is accessory to an agricultural, forestry, or mineral working use, or meets the following criteria:
(a)
The use is unsuitable for a built-up area by reason of appearance, noise, vibration,
smell, fumes, smoke, grit, soot, ash, dust, or glare.
(b)
The use requires large outdoor areas for open storage and handling of materials, goods,
and equipment.
( c)
The use is capable of being serviced by on-site water and sewage services if such
services are needed.
(d)
The use can be screened from public streets and lands designated for urban uses.
(e)
The use generates low volumes of traffic.
(f)
The use will have no deleterious effects on the environment.
(g)
The use does not include warehousing, wholesale, or retail activities.
(h)
The use will be subject to such other terms and conditions as deemed appropriate by
Council.
4.
Hazardous and Noxious Uses
Council may restrict the development or location of any use or activity that might release or
emit a hazardous or noxious substance that would affect neighbouring properties.
5.
Catering, Indoor and Outdoor Markets, and Shops
At its discretion, Council may permit a catering use, indoor market, outdoor market or shop as
an accessory use to a bonafide farm, campground, or recreational open space use, provided
that Council deems that the proposed use will be integral and complementary to the main use.
6.
Protection of Existing Cemeteries
No development in the Residential zone will be permitted to encroach closer than 8.0 metres
from an existing gravesite or individual grave.
7.
Multi-use Trail
A multi-use trail that allows off-road recreational vehicles such as A TVs and snowmobiles may
be permitted at Council's discretion only if:
(a)
The trail is not located any Sensitive Wild Area identified by the Provincial Wildlife
Division
(b)
Potential environmental effects can be minimized or mitigated to the satisfaction of
Council
(c)
It meets all other terms and conditions set by Council.
PART 9- USE ZONE TABLES
100
TOWN OF HEART'S CONTENT DEVELOPMENT REGULATIONS
8.
Exemption from Street Frontage Requirement
At Council's discretion, approved buildings in this zone may be exempted from Regulation
4.12 of these Regulations except where land is located within the building control lines of a
Provincial protected road or other public street,
PART 9- USE ZONE TABLES
101
APPENDICES
103
APPENDIX A- LAND USE ZONING MAPS
(SEE MAP INSERTS)
105
APPENDIX B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
107
APPENDIX B -CLASSIFICATION OF USES OF LAND AND BUILDINGS
This Classification is intended to assist in the interpretation of types of uses within the use
classes listed in the Use Zone Tables in Part 9 of these Regulations. Examples included in the
following tables are not exhaustive. They are used to illustrate typical types of developments
within a use class.
GROUP
CLASS
EXAMPLES
RESIDENTIAL
Single Dwelling
Single detached dwellings
USES
Double Dwelling
Semi-detached dwellings, duplex dwellings
Row Dwelling
Townhouses, row dwellings
Apartment Building
Apartment buildings
Tiny House
Tiny houses
Collective Residential
Educational residences, nurse residences,
worker accommodations
Subsidiary Apartment
Basement apartments, in-law suites
Boarding House
Boarding houses
Bed and Breakfast
Bed and breakfast
Visitor Rental
Vacation rental dwellings, Airbnb's, vrbos
Dwelling
Residential Care
Seniors housing, personal care homes,
Home
nursing homes, arouo homes
Retirement
Seniors apartment buildings and
Establishment
townhouses, retirement cottages
Seasonal Dwelling
Cabins, cottages
Home Occupation
Home occupations
Home Office
Home offices
Accessory Building
Sheds, garages, greenhouses, root cellars,
personal livestock shelters, portable shelters
Domestic Sawmill
Domestic (non-commercial) sawmills
108
GROUP
CLASS
EXAMPLES
Arts and Crafts Studio
Arts and crafts studios, arts, and craft shops
COMMERCIAL
USES
Campground
Campgrounds, trailer parks, RV parks
Catering
Restaurants, coffee shops, bake shops
Commercial
Hotels, motels, inns.
Accommodations
Communications
Radio stations, television stations
Convenience Store
Convenience stores
Drinking Establishment
Bars, pubs, nightclubs, lounges
Entertainment
Games arcades, poolrooms, bowling alleys,
youth centres, movie theatres, theatres
Funeral Home
Funeral homes and chapels
Garden Centre
Greenhouses, nurseries
Gas Bar
Gas bars
General Garage
Repairs and services for vehicles and
equipment
General Service
Car washes, laundromats, tools, and
appliances.
1 ndoor Market
Farmer markets, exhibition halls, flea markets
Kennel
Kennels
Clinics, medical offices, dental offices,
Medical Service
physiotherapy offices, chiropractor offices,
optometrist offices
Mobile Vending Facility
Chip trucks, hotdog stand, ice cream carts,
craft tables
Office
Professional offices, law offices, business
offices, banks, government offices
Outdoor Market
Fish markets, market grounds, flea markets,
produce stands, outdoor farmer markets
Beauty
parlours,
pet
grooming,
gyms,
Personal Service
computer services,
hobby
shops,
photo
studios, taxi stands.
Recycling Facility
Bottle recycling centres
Service Station
Gas stations, general garages, tire sales and
repairs, auto parts sales, car washes.
109
Retail shops, showrooms, supermarkets,
Shop
convenience stores, gift shops, specialty
shops
Shopping Centre
Shopping centres, strip malls
Take-out Food Service
Take-out restaurant, food stand, mobile
canteen
Taxi Stand
Taxi stands
Tourist Cottage
Tourist cottages establishments
Establishment
Vehicle Sales and
Automobile dealerships, recreational vehicle
'
Services
dealerships, heavy equipment dealerships,
car rental agencies
Veterinary
Veterinary clinics
110
GROUP
CLASS
EXAMPLES
Cemetery
Cemeteries
INSTITUTIONAL,
Daycare centres, home childcare services,
ASSEMBLY AND
Childcare
PUBLIC USES
early childhood education services
Club and lodge
Service club, private club, lodge (non-
residential)
Cultural and Civic
Art galleries, municipal offices, libraries,
museums, interpretive centres, studios
Educational
Schools, colleges, training centres
Emergency Service
Police stations, fire stations, ambulance
service
Community halls, lodge halls, dance halls,
General Assembly
exhibition halls, convention centres,
auditoriums, bowling alleys
Indoor Assembly
Recreation centres, arenas, gymnasiums,
armouries, fitness clubs
Medical Treatment
Hospitals, medical care centres, medical
clinics
Bleachers, grandstands, outdoor ice rinks,
Outdoor Assembly
amusement parks, fairgrounds, exhibition
grounds, drive-in theatres
Passenger Assembly
Airport terminals, bus stations
Penal and Correctional
Jails, prisons, reformatories, group homes
Detention
Place of Worship
Churches and similar places of worship,
church halls
Residential Care Home
Seniors housing, personal care homes,
nursing homes, group homes
111
GROUP
CLASS
EXAMPLES
Buffer strips, watersheds, protected sensitive
CONSERVATION
Conservation
areas (e.g., steep slopes, wetlands, wildlife
AND
habitat)
OPEN SPACE
Open Space
Parks, trails, boardwalks, protected green
USES
areas, picnic areas
Recreational Open
Sports fields, running tracks, playgrounds,
Space
outdoor skatina rinks, golf courses, dog parks
Target Shooting
Target shooting ranges
Ranae
Community Garden
Community gardens
GROUP
CLASS
EXAMPLES
Vegetable and hay farms, hobby farms, market
NATURAL
Crop Agriculture
gardens, community gardens, nurseries,
RESOURCE USES
greenhouses
Forestry
Forest harvesting, silviculture, forest access
roads
Livestock Agriculture
Livestock barn, dairy farm, grazing land
Mineral Exploration
Mineral exploration and associated activities
(e.Q., access roads, rock drillina)
Mineral Working
Pits, quarries, washing plants, screening
plants, crushers
Mining
Mineral extraction, ore stockpiles, mineral
processing plants
112
GROUP
CLASS
EXAMPLES
Fisheries Facility
Wharves, stages, slipways, fishplants,
INDUSTRIAL USES
aquaculture facilities, ice-making facilities
Factories, cold storage plants, bulk storage
General Industry
facility, freight depots, planing mills,
construction yards
Bulk storage of hazardous liquids and
Hazardous Industry
substances, chemical plants, distilleries
feed mills, spray painting shops
Workshops, light industry, indoor storage
Light Industry
centres, warehouses, greenhouses, recycling
depots, workshops, general garages
Marine Facility
Wharves, loading docks, shipyards, slipways,
refuelling services, marine repair services
Salvage Yard
Car wrecking yards, junk yards, salvage yards,
scrap dealers
Construction Yard
Construction yards, equipment storage,
aaaregate storage, building materials storage
GROUP
CLASS
EXAMPLES
TRANSPORTATION
Transportation
Roads, bridges, marine structures, airfields
AND
Marina
Marinas, boathouses, docks, moorings, slips,
UTILITY USES
boat refuelling and repair services
Antenna
Communications towers, transmitting and
receiving masts and antenna
Dock
Recreational docks, slipways, and stages
Boathouse
Boathouses
Stage
Stages
Energy Generation
Wind generators, solar generators, small hydro
Facility
generators, heating plants
Hydro plants, electrical transmission lines,
Utility
electrical power substations, telephone
exchanges, sewage treatment plants, sewer
outfalls, pipelines
Water Utility
Water intakes, treatment facilities, pipelines
Solid Waste Utility
Landfill sites, recycling facilities
113
APPENDIX C
OFFSTREET LOADING AND PARKING REQUIREMENTS
115
APPENDIX C - OFFSTREET LOADING AND PARKING REQUIREMENTS
1.
Off-Street Loading Requirements
(1)
Where Council deems necessary, for every building, structure or use requiring the
shipping, loading, or unloading of animals, goods, wares or merchandise, one or more
loading spaces will be provided and maintained on the lot measuring at least 15 metres
long and 4 metres wide with a vertical clearance of at least 4 metres. The space will
have direct access to a public street or to a driveway of a minimum width of 6 metres
that connects to a public street.
(2)
The number of loading spaces to be provided will be determined by Council.
(3)
The loading spaces required by this Regulation will be designed so that vehicles can
manoeuvre clear of any street and so that it would not be necessary for any vehicle to
reverse onto or from a street.
2.
Parking Area Standards
(1)
For the purposes of this Regulation,
Parking Area means a designated area of land on a lot for off-street parking.
Parking Space means a designated space in a parking area or driveway adequate to
park one automobile with room to open doors on both sides, together with related
manoeuvring room and access to a public street.
(2)
For every building, structure or use to be erected or enlarged, 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 on-street parking of vehicles associated
with that building, structure, or use.
(3)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Appendix C, except as otherwise
modified by PART 9 of these Regulations.
(4)
Each parking space, except in the case of a single or attached dwelling, will be made
accessible by means of a right-of-way at least 3 metres wide.
(5)
Residential parking spaces shall be provided on the same lot as the dwelling or
dwellings. Parking space for apartment buildings will be provided in the rear yard where
possible.
(6)
Non-residential parking spaces shall be provided not more than 200 metres distance
from the use for which the parking is required.
116
(7)
The parking facilities required by this Regulation will, except in the case of single or
attached dwellings, be arranged so that it is not necessary for any vehicle to reverse
onto or from a street.
(8)
Where Council permits parking perpendicular to the curb, the minimum dimensions of
each parking space will be as follows:
2.5 metres
7.5 metres
7.0 metres
7.0 metres
Where Council permits parking parallel to the curb, the minimum length of the space
will be 7 .0 metres and the aisle width will be at least 4 metres, or more if deemed
necessary by Council.
For any other parking lot configuration, the requirements shall as be as specified by
Council, but in no instance shall the requirements be less than that specified for
perpendicular parking spaces.
(9)
Other requirements for parking areas are as follows:
(a)
The parking area will be constructed and maintained to the specifications of
Council,
(b)
Lights for illumination of the parking area will be arranged so as to divert the light
away from adjacent development,
(c)
Except on a service station or industrial lot, no gasoline pump or other service
station equipment will be located or maintained in a parking area,
(e)
No part of any off-street parking area will be closer than 1.5 metres from the
street line in any zone,
(f)
Where Council deems that strict application of the parking requirements is
impractical or undesirable, it may as a condition of a permit require the developer
to pay a service levy in lieu of the provision of a parking area, and use the full
amount of the levy for the provision and upkeep of alternative parking facilities
within the vicinity of the development.
3.
Off-Street Parking Requirements
( 1)
The off-street parking requirements for the various use classes set out in Appendix B
will be as set out in the following table, except as otherwise set out in PART 9. In the
case of developments that include more than one use class, these standards shall be
regarded as cumulative.
(2)
Adequate off-street provision for the drop-off and pick-up of persons will be provided on
the same lot as the development unless otherwise stipulated by Council.
(3)
The number of spaces to be provided for off-street parking will be in accordance with
the following table.
117
OFF-STREET PARKING SPACE REQUIREMENTS
CLASS
MINIMUM SPACES
MAXIMUM SPACES
Theatre
1.0 per 6 seats.
N/A
Cultural and Civic
1.0 per 60 m2 of gross floor areas.
N/A
General Assembly
1.0 per 15 m2 of gross floor area.
N/A
Schools - 2.0 per classroom.
Educational
Other educational - 1.0 per 5 stud-
N/A
ents, faculty and staff.
Place of Worship
1.0 per 6 seats.
N/A
Passenger
As specified by Council.
N/A
Assembly
Club and Lodge
1.0 per 3 persons of permitted
occupancy
N/A
Catering
1.0 per 3 persons of permitted
N/A
occupancy
Funeral Home
1.0 per 12 m2 of gross floor area.
N/A
Child Care
1.0 per 30 m2 of gross floor area
N/A
Amusement
1.0 per 15 m2 of gross floor area.
N/A
Outdoor Assembly
As specified by Council.
N/A
Campground
As specified by Council.
N/A
Single Dwelling
2.0 per dwelling unit
4.0 per dwelling unit
Double Dwelling
2.0 per dwelling unit
3.0 per dwelling unit
Row Dwelling
2.0 per dwelling unit
3.0 per dwelling unit
Apartment Building
1.5 per dwelling unit
2.5 per dwelling unit
Residential Care
1.0 per 2 residents
As specified by Council.
Home
Bed and Breakfast
As required for the dwelling
As required for dwelling
plus 1.0 per guest room
plus 1.5 per guest room
Boarding House
As required for the dwelling
As required for dwelling
plus 0.8 per guest room
plus 1.5 per guest room
Commercial
1.0 per guest room.
2.0 per guest room
Residential
Office
1.0 per 25 m2 of gross floor area.
N/A
Medical and
1.0 per 25 m2 of gross floor area.
N/A
Professional
Outdoor Market
As specified by Council.
N/A
Convenience Store
1.0 per 20 m2 of gross floor area.
N/A
General and
As specified by Council, but not less
hazardous industry
than 1.0 per 100 m2 of gross floor
N/A
area.
Service Station
1.0 per 20 m2 of gross floor area.
N/A
Light Industry
As specified by Council but not less
N/A
than 1.0 per 50 m2 of gross floor area.
118
APPENDIX D
PROVINCIAL DEVELOPMENT REGULATIONS
119
APPENDIX D- PROVINCIAL DEVELOPMENT REGULATIONS
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. John's, January 2, 2001 .
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
120
Short title
1.
These regulations may be cited as the Development Regulations.
Definitions
2.
In these regulations,
(a)
"Act", unless the context indicates otherwise, means the Urban and Rural
Planning Act, 2000 ;
(b)
"applicant" means a person who has applied to an authority for an approval or
permit to carry out a development;
(c)
11
authority" means a council, authorized administrator or regional authority; and
( d)
"development regulations" means these regulations and regulations and by-
laws respecting development that have been enacted by the relevant authority.
Application
3.
(1) These regulations shall be included in the development regulations of an
authority and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations
or other regulations of an authority, these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
Interpretation
4.
(1) In development regulations and other regulations made with respect to a
planning area the following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from a street to adjacent or nearby land or to go from that land to the
street;
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, located on the same
lot as the main building to which it is an accessory and which has a use that is customarily
incidental or complementary to the main use of the building or land,
121
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming
pools, greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for
domestic pets or radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
(c)
11accessory use" means a use that is subsidiary to a permitted or discretionary
use and that is customarily expected to occur with the permitted or discretionary use;
(d)
"building height" means the vertical distance, measured in metres from the
established grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or gambrel
roof, and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof;
(e)
"building line
11 means a line established by an authority that runs parallel to a
street line and is set at the closest point to a street that a building may be placed;
(f)
"discretionary use" means a use that is listed within the discretionary use
classes established in the use zone tables of an authority's development regulations;
(g)
"established grade" means,
(i)
where used in reference to a building, the average elevation of the finished
surface of the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average
elevation of the finished grade of the ground immediately surrounding the structure, exclusive
of any artificial embankment or entrenchment;
(h)
"floor area" means the total area of all floors in a building measured to the
outside face of exterior walls:
(i)
"frontage" means the horizontal distance between side lot lines measured at
the building line;
(j)
"lot" means a plot, tract or parcel of land which can be considered as a unit of
land for a particular use or building;
122
(k)
"lot area" means the total horizontal area within the lines of the lot;
(I)
"lot coverage" means the combined area of all building on a lot measured at
the level of the lowest floor above the established grade and expressed as a percentage of
the total area of the lot;
(m)
"non-conforming use" means a legally existing use that is not .listed as a
permitted or discretionary use for the use zone in which it is located or which does not meet
the development standards for that use zone;
(n)
"owner" means a person or an organization of persons owning or having the
legal right to use the land under consideration;
( o)
"permitted use" means a use that is listed within the permitted use classes set
out in the use zone tables of an authority's development regulations;
(p)
"prohibited use" means a use that is not listed in a use zone within the
permitted use classes or discretionary use classes or a use that an authority specifies as not
permitted within a use zone;
(q)
11sign" means a word, letter, model, placard, board, device or representation,
whether illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as a
memorial, advertisements of local government, utilities and boarding or similar structures
used for the display of advertisements;
(r)
"rear yard depth" means the distance between the rear lot line and the rear
wall of the main building on a lot;
{s)
"side yard depth" means the distance between the side lot line and the nearest
side wall of a building on the lot;
(t)
"street" means a street, road, highway or other way designed for the passage
of vehicles and pedestrians and which is accessible by fire department and other emergency
vehicles;
(u)
"street line" means the edge of a street reservation as defined by the authority
having jurisdiction;
(v)
on a lot;
"use" means a building or activity situated on a lot or a development permitted
(w)
"use zone" or "zone" means an area of land including buildings and water
designated on the zoning map to which the uses, standards and conditions of a particular use
zone table apply;
123
(x)
"variance" means a departure, to a maximum of 10% from the yard, area, lot
coverage, setback, size, height, frontage or any other numeric requirement of the applicable
Use Zone Table of the authority's regulations; and
(y)
"zoning map" means the map or maps attached to and forming a part of the
authority's regulations.
(2)
An authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the authority's regulations as
discretionary, permitted or prohibited uses for that area.
Notice of right to appeal
5.
Where an authority makes a decision that may be appealed under section 42
of the Act, that authority shall, in writing, at the time of making that decision, notify the person
to whom the decision applies of the
(a)
person's right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6.
(1) The secretary of the board at the Department of Municipal and Provincial
Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld.,
A 1 B 4J6 is the secretary to all boards in the province and an appeal filed with that secretary
within the time period referred to in subsection 42(4) of the Act shall be considered to have
been filed with the appropriate board.
(2)
Notwithstanding subsection (1 ), where the City of Corner Brook , City of Mount
Pearl or City of St. John's appoints an appeal board under subsection 40(2) of the Act, an
appeal shall be filed with the secretary of that appointed board.
(3)
The fee required under section 44 of the Act shall be paid to the board that
hears the decision being appealed by filing it with the secretary referred to in subsection (1)
or (2) within the 14 days referred to in subsection 42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection
44(3) of the Act, retain the fee paid to the board.
124
(5)
Where an appeal of a decision and the required fee is not received by a board
in accordance with this section and Part VI of the Act, the right to appeal that decision shall
be considered to have been forfeited.
Appeal registration
7.
(1) Upon receipt of an appeal and fee as required under the Act and these
regulations, the secretary of the board as referred to in subsections 6(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall notify
the appropriate authority of the appeal and shall provide to the authority a copy of the appeal
and the
documentation related to the appeal.
(3)
Where an authority has been notified of an appeal that authority shall forward
to the appropriate board a copy of the application being appealed, all correspondence,
council minutes, plans and other relevant information relating to the appeal including the
names and addresses of the applicant and other interested persons of whom the authority
has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the
board shall publish in a newspaper circulated in the area of the appropriate authority, a notice
that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2
weeks before the date upon which the appeal is to be heard by the board.
Development prohibited
8.
(1) Immediately upon notice of the registration of an appeal the appropriate
authority shall ensure that any development upon the property that is the subject of the
appeal ceases.
(2)
Sections 102 and 104 of the Act apply to an authority acting under subsection
(1 ).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, an authority shall not carry out work related to the matter
being appealed.
Hearing notice and meetings
9.
(1) A board shall notify the appellant, applicant, authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal not fewer than
7 days before the date scheduled for the hearing of the appeal.
125
(2)
A board may meet as often as is necessary to conduct its work in an
expeditious manner.
Hearing of evidence
1 O.
(1) A board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under subsection 9( 1 ) or their representative may
appear before the board and make representations with respect to the matter being
appealed.
(2)
A board shall hear an appeal in accordance with section 43 of the Act and
these regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit
to and viewing of a property shall be considered to have been provided in the same manner
as evidence directly provided at the hearing of the board.
(4)
evidence.
In the conduct of an appeal hearing, the board is not bound by the rules of
Board decision
11.
A decision of the board must comply with the plan, scheme or development
f""..
regulations that apply to the matter that has been appealed to that board.
Variances
12.
( 1) Where an approval or permit cannot be given by an authority because a
proposed development does not comply with development standards set out in development
regulations, an authority may, in its discretion, vary the applicable development standards to
a maximum of 10% if, in the authority's opinion, compliance with the development standards
would prejudice the proper development of the land, building or structure in question or would
be contrary to public interest.
(2)
An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances
made or to be made with respect to the same land, building or structure, would have a
cumulative effect that is greater than a 10% variance even though the individual variances
are separately no more than 10%.
(3)
An authority shall not permit a variance from development standards where
the proposed development would increase the non-conformity of an existing development.
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Notice of variance
13.
Where an authority is to consider a proposed variance, that authority shall give
written notice of the proposed variance from development standards to all persons whose
land is in the immediate vicinity of the land that is the subject of the variance.
Residential non conformity
14.
A residential building or structure referred to in paragraph 108(3)(g) of the Act
must, where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and
development regulations applicable to that building or structure.
Notice and hearings on change of use
15.
Where considering a non-conforming building, structure or development under
paragraph 108(3)(d) of the Act and before making a decision to vary an existing use of that
nonconforming building, structure or development, an authority, at the applicant's expense,
shall publish a notice in a newspaper circulating in the area or by other means give public
notice of an application to vary the existing use of a non-conforming building, structure or
development and shall consider any representations or submissions received in response to
that advertisement.
Non-conformance with standards
16.
Where a building, structure or development does not meet the development
standards included in development regulations, the building, structure or development shall
not be expanded if the expansion would increase the non-conformity and an expansion must
comply with the development standards applicable to that building, structure or development.
Discontinuance of non-conforming use
17.
An authority may make development regulations providing for a greater period
of time than is provided under subsection 108(2) of the Act with respect to the time by which
a discontinued non-conforming use may resume operation.
Delegation of powers
18.
An authority shall, where designating employees to whom a power is to be
delegated under subsection 109(3) of the Act, make that designation in writing.
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