Town of Heart's Delight-Islington Development Regulations 2015 — full text

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TOWN OF HEART'S DELIGHT-ISLINGTON DEVELOPMENT REGULATIONS 2015 URBAN AND RURAL PLANNING ACT RESOLUTION TO ADOPT TOWN OF HEART'S DELIGHT-ISLINGTON DEVELOPMENT REGULATIONS 2015 Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council of Heart's Delight-Islington adopts the Town of Heart's Delight-Islington Development Regulations 2015. Adopted by the Town Council of Heart's Delight-Islington on the 23rd day of September, 2015. Signed and sealed this is day of v ,2015. Mayor. Clayton Branton Clerk: /7/ Kimberley Reid accordance with the requirements of the Urban and Rural Planning Act 2000. MCIP: Arvrfi M. Ian( - Z - - - mil-XNNE4 0: r- - 2 reANisTE 71 - : O4. OF $ _ /.7.1- --- CANgi". n ' ....... p MO. ..... ". ,,,, CANADIAN INSTITUTE OF PLANNERS CERTIFICATION I certify that the attached Development Regulations have been prepared in ,, 41 is 1111 /1/4 cl' - se ;;A. - I( °°° AM' URBAN AND RURAL PLANNING ACT RESOLUTION TO APPROVE TOWN OF HEART'S DELIGHT-ISLINGTON DEVELOPMENT REGULATIONS 2015 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 Delight-Islington a) adopted the Town of Heart's Delight-Islington Development Regulations 2015 on the 23rd day of September, 2015. b) gave notice of the adoption of the Town of Heart's Delight-Islington Development Regulations 2015 by advertisement inserted on the 29th day of September, 2015 and the 6th day of October, 2015 in the Compass newspaper. c) set the 15th day of October, 2015 at 7:30 p.m. at the Heart's Delight- - Islington Town Hall for the holding of a public hearing to consider objections and submissions. Now under the authority of section 23 of the Urban and Rural Planning Act 2000, on the 28th day of October, 2015 the Town Council of Heart's Delight-Islington approves the Town of Heart's Delight-Islington Development Regulations 2015. SIGNED AND SEALED this day of / , , 2015 Mayor. A. 1 26, Clayton Branton Clerk: ,--al R1 2017(2 -- /. Z/76 Kimberley Reid TABLE OF CONTENTS - Page 1 APPLICATION 1 1. Short Title 1 2. Interpretation 1 3. Commencement 1 4. Urban and Rural Planning Act 2000 - Ministerial Development Regulations 1 5. Municipal Code and Regulations 1 6. Town 1 PART I - GENERAL REGULATIONS 2 7. Compliance with Regulations 2 8. Permit Required 2 9. Permit to be Issued 2 10. Permit not to be Issued in Certain Cases 2 11. Discretionary Powers of Town 2 12. Variances by Town 3 13. Service Levy 3 14. Financial Guarantees by Developer 4 15. Dedication of Land for Public Use 5 16. Reinstatement of Land 5 17. Form of Application 5 18. Register of Application 6 19. Deferment of Application 6 20. Approval in Principle 6 21. Development Permit 6 22. Development Permit - Temporary Use 8 23. Reasons for Refusing Permit 8 24. Notice of Application 8 25. Right of Entry 8 26. Record of Violations 9 27. Stop Work Order and Prosecution 9 28. Appeals 9 PART II - GENERAL DEVELOPMENT STANDARDS 10 29. Access Ramps and Decks 10 30. Access to Adjoining Properties 10 31. Accesses and Service Streets 10 32. Accessory Buildings - Dwellings 11 33. Accessory Buildings - Non-Dwelling and Non-Apartment Building Uses 12 34. Accessory Uses 13 35. Advertisements 13 36. Archaeological and Heritage Resources 13 37. Backlot Development 14 38. Bed and Breakfast, Boarding House 14 39. Building Line and Setback, Yards 15 40. Building Near Highways Regulations - Highway 80 15 41. Buildings on a Lot 15 TABLE OF CONTENTS - Page 2 42. Campgrounds 16 43. Coastline and Harbour Areas, Streams 17 44. Comprehensive Development 17 45. Coordination of Development 18 46. Family and Group Care Centres 18 47. Forestry and Trees 19 48. Fur Farm Buffers 19 49. Groundwater Supply Assessment - New and Existing Subdivisions 19 50. Height Exceptions 20 51. Home Business 20 52. Livestock and Agriculture 20 53. Lot Area 21 54. Lot Area, Frontage and Size Exceptions 21 55. Lot Frontage 22 56. Mineral Exploration 22 57. Mineral Working 23 58. Non-Conforming Uses 27 59. Offensive and Dangerous Uses 29 60. Offstreet Loading and Parking Requirements 29 61. Protected Road Zoning Regulations 29 62. Protected Water Body 29 63. Residential Buffer 29 64. Screening and Landscaping 30 65. Site Development 30 66. Site Development - Fill and Landscaping Permit Requirements 31 67. Site Development - Quarry and Soil Removal 31 68. Site Development - Slope Greater than 15 Percent or 20 Percent 32 69. Street Construction Standards 32 70. Subsidiary Apartment 32 71. Trails 32 72. Travel Trailers 33 73. Unsubdivided Land 33 74. Uses Permitted In All Zones 33 75. Utilities - Wind Mills, Wind Farms, Other Energy Sources 34 76. Waterways and Wetlands 34 PART III - ADVERTISEMENTS 37 77. Advertisements and Signs 37 (1) Permit Required 37 (2) Form of Application 37 (3) Advertisements in Street Reservation 37 (4) Permit Valid for Limited Period 37 (5) Advertisements, Non-Compliant 37 (6) Removal of Advertisements 37 (7) Advertisements - Non-Conforming Uses 38 SE. Ss. Sr. VS. TABLE OF CONTENTS -- Page 3 -- (8) Prohibition 38 (9) Signs or Advertisements Not Specifically Covered 38 78. Advertisements Exempt from Control 38 -- 79. Advertisements - Temporary and/or Portable Signs 39 -- 80. -Advertisements and Signs near Highways 40 81. Advertisements Relating to On-Site Uses 40 82. Advertisements Relating to Off-Site Uses 41 -- PART IV - SUBDIVISION OF LAND 43 83. Permit Required and Sureties 43 84. Services to be Provided 43 85. Payment of Service Levies and Other Charges 43 -- -- 86. Issue of Permit Subject to Considerations 43 -- 87. Groundwater Supply Assessment -- New and Existing Subdivisions 44 88. Building Permits Required 44 89. Form of Application 44 -- -- 90. Subdivision Subject to Zoning and Plan Adopted by Town 44 -- 91. Building Lines 44 92. Land for Public Open Space 44 93. Structure in Street Reservation 45 -- 94. Subdivision Design Standards 46 -- 95. Engineer to Design Works and Certify Construction Layout 47 96. Developer to Pay Engineer's Fees and Charges 48 97. Street Works May Be Deferred 48 -- -- 98. Transfer of Streets and Utilities to Town 49 -- 99. Restriction on Sale of Lots 49 100. Grouping of Buildings and Landscaping 49 101. Coordination of Development 50 -- -- PART V - USE ZONES 51 _ 102. Use Zones 51 103. Use Classes 51 104. Permitted Uses 51 -- 105. Discretionary Uses 51 -- 106. Uses Not Permitted 52 SCHEDULE A -- DEFINITIONS 53 SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS 65 -- SCHEDULE C -- USE ZONE SCHEDULES 71 -- TOWN (TN) ZONE 72 RURAL (RU) ZONE 77 -- ENVIRONMENTAL PROTECTION (EP) ZONE 80 FLOODWAY (F) ZONE 81 PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE 83 SCHEDULE D - OFFSTREET LOADING AND PARKING REQUIREMENTS 87 TABLE OF CONTENTS -- Page 4 MAPS -- Land Use Zoning Map See See TOWN OF HEART'S DELIGHT-ISLINGTON DEVELOPMENT REGULATIONS APPLICATION 1. Short Title These Regulations may be cited as the Heart's Delight-Islington Development Regulations. 2. Interpretation (1) Words and phrases used in these Regulations shall have the meanings ascribed to them in Schedule A. (2) Words and phrases not defined in Schedule A shall have the meanings that are commonly assigned to them in the context in which they are used in the Regulations. 3. Commencement These Regulations come into effect throughout the Heart's Delight-Islington Municipal Planning Area, hereinafter referred to as the Planning Area, on the date of publication of a notice to that effect in the Newfoundland Gazette. 4. Urban and Rural Planning Act 2000 - Ministerial Development Regulations Newfoundland Regulation 3/01, Development Regulations under the Urban and Rural Planning Act 2000 (Ministerial Development Regulations), enacted under Section 36 of the Act, shall apply to development within the Planning Area. Where there is a conflict between the Ministerial and the Town's Development Regulations, the Ministerial Development Regulations shall prevail. The Ministerial Development Regulations are included with the Heart's Delight- - Islington Development Regulations. 5. Municipal Code and Regulations The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or any other municipal regulations regulating or controlling the development, conservation and use of land in force in the Town of Heart's Delight-Islington, shall, under these Regulations apply to the entire Planning Area. 6. Town In these Regulations, "Town" means the Council of the Town of Heart's Delight- Islington. 1 Town of Heart's Delight-Islington Development Regulations 2015 PART I -- GENERAL REGULATIONS PART I -- GENERAL REGULATIONS 7. Compliance with Regulations No development shall be carried out within the Planning Area except in accordance with these Regulations. 8. Permit Required No person shall carry out any development within the Planning Area except where otherwise provided in these Regulations unless a permit for the development has been issued by the Town. 9. Permit to be Issued Subject to Regulations 10 and 11, a permit shall be issued for development within the Planning Area that conforms to the requirements of these Regulations. 10. Permit not to be Issued in Certain Cases Neither a permit nor approval in principle shall be issued for development within the Planning Area when, in the opinion of the Town, it is premature by reason of the site lacking adequate road access, power, drainage, sanitary facilities, or domestic water supply, or being beyond the natural development of the area at the time of application unless the applicant contracts to pay the full cost of construction of the services deemed necessary by the Town and such cost shall attach to and upon the property in respect of which it is imposed. 11. Discretionary Powers of Town In considering an application for a permit or for approval in principle to carry out development, the Town shall take into account the policies expressed in the Municipal Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the general appearance of the development of the area, the amenity of the surroundings, availability of utilities, public safety and convenience, and any other considerations which are, in its opinion, material, and notwithstanding the conformity of the application with the requirements of these Regulations, the Town may, in its discretion, and as a result of its consideration of the matters set out in this Regulation, conditionally approve or refuse the application. However, the exercise of this discretionary power does not enable the Town to allow a permitted use or discretionary use which is not permitted under Schedule C or other Regulation. 2 Town of Heart's Delight-Islington Development Regulations 2015 PART I -- GENERAL REGULATIONS 12. Variances by Town (1) See Ministerial Development Regulations, Section 12. (2) Where an approval or a permit cannot be given by the Town because a proposed development does not comply with development standards set out in these Regulations, the Town may, in its discretion, vary the applicable development standards to a maximum of 10%, if, in the Town's opinion, compliance with the development standards would prejudice the proper development of the land, building or structure in question or would be contrary to the public interest. (3) The Town shall not allow a variance from development standards set out in these Regulations if that variance, when considered together with other variances made or to be made with respect to the same land, building or structure, would have a cumulative effect that is greater than a 10% variance even though the individual variances are separately not greater than 10%. (4) The Town shall not permit a variance from the development standards where the proposed development would increase the non conformity of an existing development. (5) Public Notice -- When a variance is necessary under this Regulation, the Town shall, at the expense of the applicant, give written notice to the property owners in the immediate vicinity of the proposed variance. 13. Service Levy (1) The Town may require a developer to pay a service levy where development is made possible or where the density of potential development is increased, or where the value of property is enhanced by the carrying out of public works either on or off the site of the development. (2) A service levy shall not exceed the cost, or estimated cost, including finance charges to the Town of constructing or improving the public works referred to in Regulation 13(1) that are necessary for the real property to be developed in accordance with the standards required by the Town and for uses that are permitted on that real property. We. sm. 3 Town of Heart's Delight-Islington Development Regulations 2015 PART I -- GENERAL REGULATIONS (3) A service levy shall be assessed on the real property based on: a) the amount of real property benefited by the public works related to all the real property so benefited; and, b) the density of development made capable or increased by the public work. (4) The Town may require a service levy to be paid by the owner of the real property at: a) the time the levy is imposed; b) the time development of the real property commences; c) the time development of the real property is completed; or, d) such other time as the Town may decide. 14. Financial Guarantees by Developer (1) The Town may require a developer before commencing a development to make such financial provisions and/or enter into such agreements as may be required to guarantee the payment of service levies, ensure site reinstatement, and to enforce the carrying out of any other condition attached to a permit or licence. (2) The financial provisions pursuant to Regulation 14(1) may be made in the form of: a) a cash deposit from the developer, to be held by the Town, or; b) a guarantee by a bank, or other institution acceptable to the Town, for expenditures by the developer, or; c) a performance bond provided by an insurance company or a bank, or; d) an annual contribution to a sinking fund held by the Town. (3) Financial Guarantees -- Mineral Workings a) The developer shall provide a financial guarantee in the form of a performance bond or unconditional and irrevocable letter of credit or other form acceptable to the Town for an amount to cover the cost of restoring or landscaping the site after the quarry operations have ended or the site is abandoned by the applicant. b) The financial guarantee shall be returned when the Reclamation Plan has been carried out or the development terminated and any conditions attached to the development permit have been met to the satisfaction of the Town. 4 Town of Heart's Delight-Islington Development Regulations 2015 PART I -- GENERAL REGULATIONS 15. Dedication of Land for Public Use In addition to the requirements for dedication of land under Part IV (Subdivisions), the Town may require the dedication of a percentage of the land area of any subdivision or other development for public use, and such land shall be conveyed to the Town in accordance with Section 37 of the Act. Unless the Town decides otherwise land that is dedicated for public use will not include land that the Town requires to be set aside for storm water management, roads, public services, public utilities or environmental protection and that this shall be in addition to whatever land the Town may require under Section 37 of the Act. 16. Reinstatement of Land Where the use of land is discontinued or the intensity of its use is decreased, the Town may order the developer, the occupier of the site, or the owner or all of them to reinstate the site, to remove all or any buildings or erections, to cover or fill all wells or excavations, and to close all or any accesses, or to do any of these things or all of them, as the case may be, and the developer, occupier or owner shall carry out the order of the Town and shall put the site in a clean and sanitary condition to the satisfaction of the Town. 17. Form of Application (1) An application for a development permit or for Approval in Principle shall be made only by the owner or by a person authorized by the owner to the Town on such form as may be prescribed by the Town, and every application shall include such plans, specifications and drawings as the Town may require, and be accompanied by the permit fee required by the Town. (2) The Town shall, on request, supply to every applicant a copy of the application forms referred to in Regulation 17(1) and a description of the plans, specifications and drawings required to be provided with the application. Town of Heart's Delight-Islington Development Regulations 2015 PART I -- GENERAL REGULATIONS 18. Register of Application The Town shall keep a public register of all applications for development, and shall enter therein the Town's decision upon each application and the result of any appeal from that decision. 19. Deferment of Application (1) The Town may, with the written agreement of the applicant, defer consideration of an application. (2) Applications properly submitted in accordance with these Regulations which have not been determined by the Town and on which a decision has not been communicated to the applicant within eight weeks of the receipt thereof by the Town, and on which consideration has not been deferred in accordance with Regulation 19(1), shall be deemed to be refused. 20. Approval in Principle (1) The Town may grant Approval in Principle for subdivision or any other development, if, after considering an application for Approval in Principle made under these Regulations, it is satisfied that the proposed development is, subject to the approval of detailed plans, in compliance with these Regulations. (2) Where Approval in Principle is granted under this Regulation, it shall be subject to the subsequent approval by the Town of such details as may be listed in the Approval in Principle, which shall also specify that further application for approval of these details shall be received not later than two years from the grant of Approval in Principle. (3) An Approval in Principle or conditions attached thereto is subject to appeal under the Act. (4) Notwithstanding an Approval in Principle, no work shall commence until a Development Permit or other permit has been issued by the Town. 21. Development Permit (1) A plan or drawing which has been approved by the Town and which bears a mark and/or signature indicating such approval together with a permit shall be 6 Town of Heart's Delight-Islington Development Regulations 2015 PART I -- GENERAL REGULATIONS deemed to be permission to develop land in accordance with these Regulations but such permission shall not relieve the applicant from full responsibility for obtaining permits or approvals under any other regulation or statute prior to commencing the development; from having the work carried out in accordance with these Regulations or any other regulations or statutes; and from compliance with all conditions imposed thereunder. (2) The Town may attach to a permit such conditions as it deems fit in order to ensure that the proposed development will be in accordance with the purposes and intent of these Regulations. (3) A permit is valid for a specified period, not to exceed two years. If the development has not commenced, the permit may be renewed for a further period not in excess of one year, but a permit shall not be renewed more than once, except in the case of a permit for an advertisement, which may be renewed in accordance with Part III of these Regulations. (4) The approval of any application and plans or drawings or the issue of a permit shall not prevent the Town from thereafter requiring the correction of errors, or from ordering the cessation, removal of, or remedial work on any development being carried out in the event that the same is in violation of this or any other regulations or statute. (5) The Town may revoke a permit for failure by the holder of it to comply with these Regulations or any condition attached to the permit or where the permit was issued in error or was issued on the basis of incorrect information. (6) No person shall erase, alter or modify any drawing or specifications upon which a permit to develop has been issued by the Town. (7) There shall be kept available on the premises where any work, matter or thing in being done for which a permit has been issued, a copy of the permit and any plans, drawings or specifications on which the issue of the permit was based during the whole progress of the work, or the doing of the matter or thing until completion. (8) A development permit or permit or conditions attached thereto is subject to appeal. as. 7 Town of Heart's Delight-Islington Development Regulations 2015 PART I-- GENERAL REGULATIONS 22. Development Permit -- Temporary Use The Town may in its discretion issue a permit for a temporary use such as an outdoor market, a temporary shelter for a vehicle or a boat, and other permissible uses which have a limited and fixed term. The permit shall specify its duration, and upon expiry of the permit, the use shall be removed. In no case shall the term of a temporary permit exceed two years, which may be extended in writing by the Town for a further period as specified not exceeding two years. This clause does not apply to advertisements which are covered under Part III of the Development Regulations. 23. Reasons for Refusing Permit The Town shall, when refusing to issue a permit or attaching conditions to a permit, state the reasons for so doing. 24. Notice of Application When a change in nonconforming use is to be considered (see also Ministerial Regulations), or when the development proposed is listed as a discretionary use in Schedule C of the Regulations or is otherwise at the discretion of the Town as in a Backlot Development and Comprehensive Development, the Town shall, at the expense of the applicant, or at its own expense if necessary, give notice of an application for a permit or for approval in principle or proposal, by public advertisement in a newspaper circulating in the area or by any other means deemed necessary at least seven days prior to making a decision on the application or proposal. When a variance is necessary under Regulation 12 (see also Ministerial Regulations), the Town shall, at the expense of the applicant, give written notice to the property owners in the immediate vicinity of the proposed variance at least seven days prior to making a decision on making the application. 25. Right of Entry Any official authorized by the Town may enter upon any public or private land and may at all reasonable times enter any development or building upon the land for the purpose of making surveys or examinations or obtaining information relative to the carrying out of any development, construction, alteration, repair, or any other works whatsoever which the Town is empowered to regulate. 8 Town of Heart's Delight-Islington Development Regulations 2015 PART I -- GENERAL REGULATIONS 26. Record of Violations 1--- Every inspector shall keep a record of any violation of these Regulations, which comes to his knowledge, and report that violation to the Town. 27. Stop Work Order and Prosecution (1) Where a person begins a development contrary or apparently contrary to these Regulations, the Town may order that person to stop the development or work connected therewith pending final adjudication in any prosecution arising out of the development. RIM& (2) A person who does not comply with an order made under Regulation 27(1) is guilty of an offence under the provisions of the Act. 28. Appeals See Ministerial Regulations- Sections 5 to 11. MEM. Where an appeal lodged under Section 42 of the Urban and Rural Planning Act 2000 has been successful, the fee paid by the appellant shall be reimbursed by the Town. 9 Town of Heart's Delight-Islington Development Regulations 2015 PART H-- GENERAL DEVELOPMENT STANDARDS PART II - GENERAL DEVELOPMENT STANDARDS 29. Access Ramps and Decks (1) An access ramp for a wheel chair, may, at the discretion of the Town after consultation with abutting property owners, be erected in a minimum front, rear or side yard if there is no alternative means of providing the access ramp and it does not create a safety hazard or block sight lines. (2) An open or partially enclosed deck attached to a building shall not extend into the minimum permissible front and side yards and flanking road setback and shall not be closer to the rear lot line than 1 metre. (3) An access ramp or open deck is not deemed to be part of the building when calculating lot coverage under Schedule C. 30. Access to Adjoining Properties (1) In order facilitate the development of the Town and improved access throughout the Planning Area, as a condition of approval of a development and/or a subdivision the Town may require that the developer provide suitable public access to adjoining properties. (2) The minimum right of way for such access shall be 12.5 metres. (3) The right of way shall be deeded to the Town, although this right of way shall not be developed or maintained by the Town until such time as the Town deems necessary. (4) See also Part IV -- Subdivision of Land. 31. Accesses and Service Streets (1) Access shall be located to the specification of the Town so as to ensure the greatest possible convenience and safety of the street system and the Town may prescribe the construction of service streets to reduce the number of accesses to collector and arterial streets. (2) No vehicular access shall be closer than 10 metres to the street line of any street intersection. 10 Mar Town of Heart's Delight-Islington Development Regulations 2015 PART H -- GENERAL DEVELOPMENT STANDARDS 32. Accessory Buildings -- Dwellings (1) General Accessory buildings shall be clearly incidental and complementary to the use of the dwelling in character, use and size, and shall be contained on the same lot as the dwelling. Accessory Buildings shall be compatible in terms of design and appearance with the dwelling on the lot. Furthermore, the appearance and use of the accessory building shall be compatible with the neighbouring residential development. No motor vehicle or trailer as defined under the Highway Traffic Act of Newfoundland and Labrador whether mobile or not, or similar entity shall be used as an accessory building. (2) Minimum Building Line Setback -- Unless otherwise determined by the Town under Clause (3) below, no accessory building or part thereof shall project in front or beyond the side of any dwelling or the building line setback, whichever is the greater distance from the front or flanking road lot line. (3) Minimum Building Line Setback in Front or Side of Dwelling -- Where the dwelling is set well back of the minimum building line, and provided that the Town is satisfied that erecting an accessory building in front or side of the dwelling is in keeping with the general appearance of the area, the Town may permit an accessory building to be erected between the dwelling and the minimum building line as set out in Schedule C. (4) Maximum Lot Coverage -- The lot coverage of all accessory buildings combined shall not exceed 10% of the lot area. (5) Maximum Height -- The maximum height of an accessory building shall not exceed 6 metres. (6) Minimum Side Yard -- The minimum side yard for an accessory building is 2 metres. (7) Minimum Side Yard Flanking Road Corner Lot -- The minimum side yard for an accessory building located on the flanking road side of a dwelling shall be the same as set out for the dwelling under Schedule C. See also Clause (3). MM. 11 Town of Heart's Delight-Islington Development Regulations 2015 PART H-- GENERAL DEVELOPMENT STANDARDS (8) Minimum Rear Yard -- The minimum rear yard for an accessory building is 2 metres. 33. Accessory Buildings -- Non-Dwelling and Non-Apartment Building Uses (1) This Regulation sets out the requirements for accessory buildings for non- - dwelling uses, that is, uses not included under Regulation 32. (2) General -- Accessory buildings shall be clearly incidental and complementary to the use of the principal buildings in character, use and size, and shall be contained on the same lot as the principal building or buildings. (3) Utility Trailer, Etc. -- No utility trailer, trailer, vehicle or similar entity shall be used as an accessory building except at the discretion of the Town when the Town is satisfied that such structure does not abut a residential property and that it is compatible with the use and appearance of nearby properties. /IP (4) Minimum Building Line -- The minimum building line (distance from the front lot line) for an accessory building shall be as that set out in the Schedule C Use Zone for principal and other buildings. (5) Minimum Side Yard -- The minimum side yard for an accessory building shall be 2 metres, 5 metres where it abuts a residential use. The accessory building shall not be closer to a flanking road on corner lot than that set out for the principal building under Schedule C. (6) Minimum Rear Yard -- The minimum rear yard for an accessory building shall be 1 metre, or, at the discretion of the Town, greater where the maximum height under Clause (9) of this Regulation has been increased. (7) Maximum Lot Coverage -- Provided that the total lot coverage of all buildings on the property does not exceed 33%, no lot coverage requirements are set out for an accessory building or buildings. (8) Minimum Separation Distance from Principal Building -- Accessory buildings shall maintain the minimum separation distance from a principal building required by the Building Code, or 3 metres, whichever is greater. (9) Maximum Height -- The maximum height of an accessory building shall be 6 metres unless otherwise determined at the discretion of the Town, and 12 /IP Town of Heart's Delight-Islington Development Regulations 2015 PART II -- GENERAL DEVELOPMENT STANDARDS provided that the Town is satisfied that the taller structure is compatible with use and appearance of nearby properties. In no instance shall the accessory building have a height greater than the principal building. 34. Accessory Uses Subject to Schedule C, uses accessory to a permitted or discretionary use can be permitted in any zone, for example: a) facilities for the serving of food and alcoholic beverages in an arena or other place of assembly, museum, marina, or hotel ('commercial -- residential' under Schedule B); b) vehicle repair facilities within a shop, such as a major retail outlet, or automobile dealership; c) a gift or souvenir shop in a museum, hotel or other establishment; d) office and/or a small convenience store or catering establishment in a campground; e) a dock or wharf or stage associated with a permitted or discretionary use; f) an accessory dwelling or accessory dwelling unit, such as a farm dwelling, caretaker's dwelling or dwelling unit; g) a solar panel, satellite dish or similar device attached to a building; h) a barn or storage shed associated with an agricultural operation. These accessory uses shall be clearly subsidiary to and controlled so as to be compatible with the primary use and the use of nearby properties. See also Schedule A. 35. Advertisements Advertisements shall not be erected or displayed except in accordance with Part III of these Regulations. 36. Archaeological and Heritage Resources Archaeological sites and discoveries are protected under the Historic Resources Act, RSNL, 1990 CHAPTER H-4. If such a site is discovered, in the Town and Planning Area development shall stop and the Provincial Archaeology Office of the Department of Tourism, Culture and Recreation consulted. Also, if any major development is proposed, the Provincial Archaeology Office shall be advised and approval obtained before an approval is granted by the Town. This is to ensure that the necessary research is carried out before construction begins. --- 13 Town of Heart's Delight-Islington Development Regulations 2015 PART II-- GENERAL DEVELOPMENT STANDARDS The Town may from time to time designate heritage sites and areas under the Municipalities Act. 37. Backlot Development At its discretion and after notice has been provided in accordance with Regulation 24, the Town may permit the development of up to two single dwelling lots ('backlots') situated to the rear of one or more existing lot(s) and accessed by a private driveway and with or without sufficient, frontage on a publicly owned and maintained road if: a) It deems that the location is suitable; b) The backlot development will be compatible with neighbouring properties; c) The backlot development will not impede the efficient future development of "MP adjacent developable land. Furthermore, the following standards and conditions shall apply to the development of backlots: --- a) All backlots shall have permanent access to a publicly owned and maintained road; b) No more than two single dwellings shall be permitted to share an access and driveway; c) The minimum access or driveway width shall be 6 metres; d) The responsibility for the construction, care and maintenance of the access shall be that of the developer; e) Where an access is proposed to be shared, the Town shall require a signed legal agreement to be in place among those sharing the access prior to approval. f) The development is connected to available municipal water and sewer services; g) The placement of the dwelling on the lot is done in a manner which does not affect the privacy of adjoining dwellings; h) Lot areas shall meet the requirements of the Zone in which they are located with the yards -- front, side and rear -- as determined by the Town to ensure that the placement of the dwelling and accessory structures is satisfactory to the Town and abutting neighbours. 38. Bed and Breakfast, Boarding House The following conditions shall apply to a Bed and Breakfast or Boarding House operation: 14 Town of Heart's Delight-Islington Development Regulations 2015 PART II -- GENERAL DEVELOPMENT STANDARDS a) the proposed building has an exterior design and landscaping which is sensitive to the residential character of the surrounding area and respects the a sr appearance, scale and density of adjacent dwellings and properties; b) the parking area is suitably screened from adjacent residences; c) minimum frontage -- see Schedule C; d) minimum lot area and frontage -- see Schedule C; e) signage is consistent with a residential neighbourhood, not more than one and not to exceed 2,800 cm2; f) no change in the type, class or extent of the use shall be permitted except in accordance with a permit issued by the Town; g) the establishment is licensed under the Tourist Establishment Regulations. 39. Building Line and Setback, Yards a N. (1) The Town, by resolution, may establish building lines on an existing or proposed street and may require any new buildings to be located on those building lines, whether or not such building lines conform to the standards set out in the tables under Schedule C of these Regulations. (2) Notwithstanding the minimum front, side and rear yard requirements set out under Schedule C, The Town, at its discretion, may allow development to complement existing building setbacks and yards of adjoining properties by varying the yard requirements after notification of the proposed variance is given to neighbouring property owners in accordance with Regulation 24 of these Regulations. (3) The building line setback is measured from the property line along a road. (4) The building line along Provincial highways shall not be less than that specified under the Provincial Building Near Highways Regulations. a N. 40. Building Near Highways Regulations -- Highway 80 No development is allowed within 20 metres of the centre-line of Highway 80 (Trinity South Highway) is permitted unless permission is obtained from the Department of Transportation and Works and Service NL. Access to any an. Provincial Highway must be approved by the Department of Transportation and Works before a permit is issued by the Town. 41. Buildings on a Lot (1) Except for single dwellings, mobile homes and mini-homes, more than one 15 Town of Heart's Delight-Islington Development Regulations 2015 PART II -- GENERAL DEVELOPMENT STANDARDS principal or main building may be permitted on a lot provided that the requirements of Schedule C are satisfied. However, more than one single dwelling can be permitted on lot where it forms part of a Comprehensive Development (Regulation 44). (2) Sufficient area shall be reserved to satisfy the yard and other allowances I-1 called for in the Use Zone in which the lot is located and the allowances shall be retained when the adjacent land is developed. 42. Campgrounds 1. In a format acceptable to the Town, an application for a campground shall, in addition to a legal survey, include a detailed plan of the proposed campground setting out: - The number of campsites including location and sizes; - The access point (s) and internal roads; - Parking areas outside and/or inside the proposed development; - Other uses, accessory buildings and areas providing services to the campground, including dimensions and locations of said buildings and areas; - A suitable buffer of planted with materials approved by the Town and/or a screen/fence approved by the Town shall be located between the campground and public roads, public right-of-ways and/or residential dwellings; - Where deemed necessary by the Town, a phasing plan of the proposed development; - Other matters deemed necessary by the Town. 2. Proposed changes, including expansion, reallocation of uses or changes to the location or design campsites, to the approved campground plan must be approved by the Town, and where deemed necessary, treated as a discretionary use. 3. Failure to comply with any condition of a permit issued for a campground may result in the Town ordering the immediate cessation of the use for which the permit was issued. 4. All campsites, accessory buildings and other areas within the campground shall only be accessed by the access points and road networks as set out in the approved plan. 16 top Town of Heart's Delight-Islington Development Regulations 2015 PART II -- GENERAL DEVELOPMENT STANDARDS 5. Buffers and screens shall not be permitted to fall into disrepair or become unsightly. 6. A deposit sufficient to cover the cost of the buffer/screen shall be deposited with the Town before any construction begins. Said deposit shall be returned to the owner/operator upon satisfactory completion of the buffer/screen or shall be used by the Town to complete the construction of the buffer/screen. 7. An Inspector designated by the Town may enter a campground at any time for the purpose of inspecting the said campground's compliance to these and/or any other applicable act and/or regulation. 43. Coastline and Harbour Areas, Streams In order to protect lives and property and the natural environment, the Town shall review development proposals for sites adjacent or near streams and the marine coast line and harbours to ensure that unless it is a use requiring direct access to the body of water: a) it is not likely to be damaged by a storm; b) it is not a vulnerable or critical use, that is, a multi-unit residential use, a use catering to persons with disabilities or other special needs, and/or a use related to emergency services (example -- a fire station or emergency command centre, emergency shelter or other facility) -- uses which if damaged or destroyed, could cause injury or loss of life and/or make it more difficult to respond to an emergency With the exclusions noted above, along the marine coastline except for marine related activities and temporary or minor structures, new development may not be permitted at or below the 4 metre elevation, unless it can be demonstrated to the satisfaction of the Town and other relevant authorities that the risk is low and/or that the development can withstand the damage that could be incurred by a flood or storm event. However existing conforming uses can be allowed to expand. The Town in its discretion may refuse to issue a permit for a development that could be affected by a storm event based upon previous events, local knowledge and/or research carried out in respect of climate change. 44. Comprehensive Development The Town may in its discretion permit a large scale private or public !MP an. 17 Town of Heart's Delight-Islington Development Regulations 2015 PART II -- GENERAL DEVELOPMENT STANDARDS comprehensive development that does not meet the requirements of these Development Regulations for frontage on a publicly owned and maintained road (`public road'), lot size, lot frontage, minimum or maximum building line setback, side yard width and rear yard depth, provided that: a) the Town is satisfied that either the site conditions are such that the standard requirements could not be met, or, the quality of the development would be greater than could otherwise occur through the application of the standard requirements; b) a comprehensive development plan of the property has been granted Approval in Principle by the Town, along with other approvals before permits are issued for development; c) the comprehensive development itself has frontage on a public road and the development is connected to available municipal services; d) the development is compatible with adjacent development; e) there are at least two (2) developments within the comprehensive development and the land area of the development is at least one (1) hectare; f) the property is situated within the Town as opposed to being outside the Town, but within the Planning Area Boundary; g) where roads and services are to be installed, the developer supplies sureties to the Town as required under these Regulations or a policy adopted by the Town. 45. Coordination of Development In order to ensure that development occurs in an orderly manner and that appropriate development opportunities are maximized, subdivisions and other major developments shall be co-ordinated with other existing and proposed developments and the Planning Area's road system and services. If deemed necessary by the Town these developments shall be required to provide for public access to adjacent undeveloped lands. Furthermore, the Town may require that a comprehensive plan of development for an entire area be prepared and adopted before any development is permitted for any portion of that area. 46. Family and Group Care Centres Family group care centre use is permitted in any dwelling or apartment that is adequate in size to accommodate the number of persons living in the group, inclusive of staff, provided that in the opinion of the Town, the use of the dwelling does not materially differ from, nor adversely affect, the amenities of the adjacent 18 Town of Heart's Delight-Islington Development Regulations 2015 PART II -- GENERAL DEVELOPMENT STANDARDS residences, or the neighbourhood in which it is located. The Town may require special access and safety features to be provided for the occupants before occupancy is permitted. 47. Forestry and Trees Forestry development, including timber cutting, is subject to the approval of the Forestry Division of the Department of Natural Resources and the Town. Trees in subdivisions and on individual properties shall be retained or replaced wherever possible, and in order ensure that this occurs, the Town shall require that a landscaping and site grading plan is submitted for any new development that entails the development of the entire site or significant portion thereof. 48. Fur Farm Buffers Buffers are established around the fur farms located south of the Town and its Planning Area. To ensure that there is no conflict with a the fur farm operation, except for fences and accessory buildings, any development application within the Fur Farm Buffers shall be reviewed and approved by the Agrifoods Development Branch before a permit is issued by the Town. 49. Groundwater Supply Assessment - New and Existing Subdivisions The approval of new unserviced subdivisions or the addition of unserviced lots to existing unserviced subdivisions require that a groundwater assessment be done to determine with high probability that acceptable quality and quantity drinking water will be available to homeowners for both the short and long term. This shall be done in accordance with the Provincial Land Use Policy - 'Groundwater Supply Assessment and Reporting Guidelines for Subdivisions Serviced by Individual Private Wells' as from time to time amended and administered by the Department of Environment and Conservation, Water Resources Management Division. No approval shall be granted by the Town for a new unserviced subdivision or the addition of unserviced lots to an existing unserviced subdivision until such time as a groundwater assessment has been carried out in accordance with the provincial land use policy referred to in the preceding paragraph and which assessment has been approved by the Department of Environment and Conservation, Water Resources Management Division. am. air an. an. as. 19 Town of Heart's Delight-Islington Development Regulations 2015 PART 11-- GENERAL DEVELOPMENT STANDARDS 50. Height Exceptions The height requirements prescribed in Schedule C of these Regulations may be waived in the case of communication masts and antennae, flagpoles, water towers, spires, belfries, or chimneys, but any such waiver which results in an increase of more than 20% in the permitted height of the structure shall only be authorized under the provisions of Regulation 24. 51. Home Business A Home Business is subject to the following conditions: a) the primary use of the property remains residential and the scope and intensity of the use classes is compatible with the residential uses of the property and neighbourhood, and the business is operated by a resident of the dwelling; b) the use does not alter the residential appearance or require the external modification of the dwelling; c) sufficient off-street parking space is provided in accordance with Schedule D; d) no mechanical equipment is used except that reasonably compatible with the use of a dwelling; e) no wholesale or retail sale of goods is externally apparent -- for example, if sale of crafts occurs it does not occur through walk-in or drive-in trade; f) there is no outdoor storage or display; g) a non-illuminated identification sign not exceeding 0.28 m2 in area shall be permitted on the dwelling provided that the sign is consistent with residential character of the neighbourhood; h) no regular parking of commercial vehicles except for one vehicle with a gross weight of no greater than one tonne will be permitted on the lot or on the road reservation adjacent to the lot; i) the Town may require fencing or other screening to protect the amenity of adjacent uses; and j) no change in type, class or extent of the use shall be permitted except in accordance with a permit issued by the Town. 52. Livestock and Agriculture (1) Agricultural uses shall be approved by both the Agrifoods Development Branch of the Department of Natural Resources and the Town, together with other appropriate agencies. 20 Town of Heart's Delight-Islington Development Regulations 2015 PART II -- GENERAL DEVELOPMENT STANDARDS (2) Except for infill development any residential development within 300 metres of structure containing five or more animal units must be referred to the Agrifoods Development Branch for a recommendation. (3) Any livestock structure (barn) containing five or more animal units must be located at least 300 metres from a non-farm dwelling, unless otherwise determined after referral to, and upon recommendation of, the Agrifoods Development Branch. The erection of the structure shall be approved by the Agrifoods Development Branch before a permit is issued by the Town. (4) Large livestock, such as horses and cattle and small livestock, such as goats, ducks or chickens, whether or not these are viewed as pets, are classed as livestock, an agricultural use that falls within the agricultural use class. 53. Lot Area (1) No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof or otherwise, so that any building or structure on such lot shall have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than that permitted by these Regulations for the zone in which such lot is located. (2) Where any part of a lot is required by these Regulations to be reserved as a yard, it shall continue to be so used regardless of any change in the ownership of the lot or any part thereof, and shall not be deemed to form part of an adjacent lot for the purpose of computing the area thereof available for building purposes. 54. Lot Area, Frontage and Size Exceptions Where, at the time of coming into effect of these Regulations, one or more lots already exist in any residential or mixed use zone, with insufficient frontage or area to permit the owner or purchaser of such a lot or lots to comply with the provisions of these Regulations, then these Regulations shall not prevent the issuing of a permit by the Town for the erection of a dwelling thereon, provided that the lot coverage and height are not greater than, and the yards and floor area are not less than the standards set out in these Regulations, and further provided that if the lot lacks one or both municipal water and/or sewer services that approval is granted by Service Newfoundland and Labrador and/or the Department of Environment and Conservation. SE. 21 Town of Heart's Delight-Islington Development Regulations 2015 PART II -- GENERAL DEVELOPMENT STANDARDS 55. Lot Frontage Unless it is in a Use Class under Non-Building Use Group or is Backlot development (Regulation 37), except where specifically provided for in the Use Zone Tables in Schedule C of these Regulations, no building shall be erected unless the lot on which it is situated fronts directly onto a publicly owned and maintained street or forms part of a Comprehensive Development. 56. Mineral Exploration (1) No permit shall be issued by the Town for mineral exploration until the necessary permits and approvals have been obtained, where required, from the Departments of Natural Resources, Service Newfoundland and Labrador, and Environment and Conservation, together with any other relevant Provincial agencies, including the Heritage Division. (2) Subject to the other provisions of the Development Regulations, mineral exploration which is not classed as development by virtue of appreciable ground disturbance, construction of access roads, noise, odour and appearance can be permitted anywhere in the Planning Area, provided that adequate notification is provided to the Town. (3) Mineral exploration which is classed as development can or may be permitted in certain zones provided that adequate provision is made for buffering/and or other mitigations of impacts of existing or future urban residential, commercial, industrial, institutional and recreational areas and provided that all necessary approvals are obtained. (4) Higher impact mineral exploration classed as development shall be subject to conditions that control noise, appearance, duration of the drilling or excavating program and the control of other impacts that may arise. The precise nature of these controls will depend upon the location of the mineral exploration in respect to built-up and environmentally sensitive areas, such as watersheds, waterways and wetlands. (5) Where there is to be ground disturbance, the developer shall provide a site restoration surety and/or other satisfactory guarantees of site landscaping to the Town. 22 .11-- Town of Heart's Delight-Islington Development Regulations 2015 PART II -- GENERAL DEVELOPMENT STANDARDS 57. Mineral Working Mineral Working uses shall meet the conditions set out below. Separation from Adjacent Uses Unless the Town is satisfied that the working will not create a nuisance and will not adversely affect the amenity of the specified development or natural feature, no mineral working shall be located closer than the minimum distances set out below to the specified development or natural feature. Minimum Buffer Distance of Pit or Quarry Working Hardrock quarry and Urban Development Other than hardrock quarry and existing or Proposed Residential Development Any other development area, or area likely to be developed during the life of the pit or quarry working 1,000 metres 300 metres 150 metres Public highway or street 50 metres Protected Road 90 metres Waterbody or watercourse 50 metres 2. Screening A mineral working shall be screened in the following manner where it is visible from a public street or highway, developed area, or area likely to be developed during the life of the working: a) Where tree screens exist between the mineral working and adjacent public highways and streets or other land uses (excepting forestry and agriculture), the tree screens shall be retained in a 30-metre wide strip of vegetation so that visibility of any part of the operation from the 23 Town of Heart's Delight-Islington Development Regulations 2015 PART H -- GENERAL DEVELOPMENT STANDARDS surrounding uses or streets will be prevented. The tree screens must be maintained by the owner or occupier of the mineral working to retain 30 metres in a forested appearance. Where vegetation dies or is removed from the 30-metre strip, the Town may require new trees of a minimum height of 1 metre to be planted to fill in the area affected to the satisfaction of the Town or, at the discretion of the Town require that conditions under Clause 2 b) be fulfilled. b) Where no tree screens exist of sufficient width and density to constitute a visual screen, earthen berms shall be constructed to a height sufficient to prevent visibility from any part of the mineral working operation from adjacent uses (excepting forestry and agriculture) or adjacent public highways and streets. The berms shall be landscaped to the Town's satisfaction. c) Where natural topography creates a visual screen between mineral workings and adjacent public highways and streets or other land uses (excepting forestry and agriculture), additional screening may not be required. d) Where effective screening for any mineral working or associated processing or manufacturing use cannot be installed or located as required under Clauses 2 a) - .2 c) above, the Town may refuse to permit the mineral working or associated activity. 3. Fencing The Town may require the mineral working site or excavated area of a pit or quarry working to be enclosed by a fence designed and constructed to its specifications and no less than 1.8 metres in height. 4. Water Pollution No mineral working or associated storm or sanitary drainage shall unacceptably reduce the quality of water in any waterbed or watercourse. Any access road to a pit and quarry working which crosses a brook or stream shall be bridged or culverted at the crossing in accordance with the regulations of the Department of Environment and Conservation. 5. Water Ponding No mineral working shall result in the excavation of areas below the level of the 24 Town of Heart's Delight-Islington Development Regulations 2015 PART H -- GENERAL DEVELOPMENT STANDARDS water table, nor in any way cause the accumulation or ponding of water in any part of the site. Settling ponds may be permitted with the approval of the Department of Environment and Conservation. 6. Erosion Control No mineral working shall be carried out in a manner so as to cause erosion of adjacent land. 7. Site Maintenance The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned equipment and any derelict buildings. 8. Access Roads No quarry may be developed where the access road passes through a residential neighbourhood. During extended periods of shutdown, access roads to a mineral working shall be ditched or barred to the satisfaction of the Town. 9. Stockpiling Cover Material All stumps, organic material and topsoil, including the rusty coloured and iron stained layer, shall be stripped and stockpiled at least 5 metres from uncleared areas and 10 metres from active quarry or stockpile areas. The owner or operator shall ensure that the quality of the topsoil is not affected by dilution with other materials. 10. Operating Plant and Associated Processing and Manufacturing The Town may permit processing and manufacturing use associated with mineral workings provided that, in the opinion of the Town, the use does not create a nuisance nor is liable to become a nuisance or offensive by the creation of noise or vibration, or by reason of the emission of fumes, dust, dirt, objectionable odour, or by reason of unsightly storage of materials. All permanent or temporary buildings, plants and structures associated with processing and manufacturing will be located so as not to interfere with the present or future extraction of aggregate resources. MM. am. as. 25 Town of Heart's Delight-Islington Development Regulations 2015 PART H -- GENERAL DEVELOPMENT STANDARDS The Town may specify a minimum separation distance between operating plant or associated processing and manufacturing structure or equipment and adjacent developed areas likely to be developed during the life of the mineral working. 11. Termination and Site Rehabilitation Upon completion of the mineral working, the following work shall be carried out by the operation: a) All buildings, machinery and equipment shall be removed. b) All pit and quarry slopes shall be graded to slopes less than 20 percent or to the slope conforming to that existing prior to the mineral working. c) Topsoil and many organic materials shall be respread over the entire quarried area. d) The access road to the working shall be ditched or barred to the satisfaction of the Town. If the mineral working contains reserve of material sufficient to support further extraction operations, the Town may require the work described above to the carried out only in areas of the site where extraction has depleted aggregate reserves. 12. Security The Town may require the posting of a bond or other type of financial guarantee as security to ensure the rehabilitation of quarry sites to acceptable standard. 13. Buffers No cutting of timber or mineral working will occur within 50 m of any tributary of any body of water. 14. Extraction & Rehabilitation Plan As a condition of approval, the Town may require the developer: a) to submit for the consideration and approval of the Town a Mineral Working Development Plan for the proposed Mineral Working use which 26 Town of Heart's Delight-Islington Development Regulations 2015 PART H -- GENERAL DEVELOPMENT STANDARDS shall include a site plan showing the location of physical site features and extraction and processing features; and b) to submit for the consideration and approval of the Town a Mineral Working Reclamation Plan for the proposed mineral working use which shall explain, illustrate and show to the satisfaction of the Town a plan for restoration of the site which includes final ground contours, slopes, depth of topsoil, and vegetation and a phasing plan if necessary in the form of a grading and landscape plan or plans.. 15. Permit Fee The development permit fee for a mineral working shall be determined by the Town in an amount sufficient to cover the review of any required Development and Reclamation Plans by a professional engineer, ongoing inspection of the site for conformity with any required Plans and with the conditions of the development permit, and inspection of the site to determine acceptable reclamation, and, where applicable, for purposes of return or cancellation of the financial guarantee required in clause 12 above. 58. Non-Conforming Uses (1) This Regulation is derived from Section 108 (2) of the Urban and Rural Planning Act 2000, and Sections 14, 15, and 16 of the Ministerial Development Regulations. (2) Notwithstanding a plan, scheme or regulations made under the Urban and Rural Planning Act 2000, the Town shall, in accordance with regulations made under this Act, allow a development or use of land to continue in a manner that does not conform with a regulation, scheme, or plan that applies to that land provided that the non-conforming use legally existed before the registration under Section 24 of the Act of the plan, scheme or regulations made with respect to that kind of development or use. (3) A right to resume a discontinued non-conforming use of land shall not exceed one year. For the purpose of this Regulation, discontinuance of a non- conforming use begins when any one of the following conditions is met: a) the building or use of land is clearly vacated or the building; b) the owner or tenant has ceased paying business occupancy taxes for that use; c) the owner or tenant has stated in writing that the use has ceased. 27 Town of Heart's Delight-Islington Development Regulations 2015 PART H -- GENERAL DEVELOPMENT STANDARDS (4) A building, structure or development that does not conform to a scheme, plan or regulations made under this Act that is allowed to continue under subsection (2): a) shall not be internally or externally varied, extended or expanded unless otherwise approved by the Town; b) shall not be structurally modified except as required for the safety of the building, structure or development; c) shall not be reconstructed or repaired for use in the same non-conforming manner where 50% or more of the value of that building, structure or development has been destroyed; d) may have the existing use for that building, structure or development varied by the Town to a use that is, in their opinion more compatible with a plan and regulations applicable to it; e) may have the existing building extended by the Town where, in its opinion that extension is not more than 50% of the existing building; f) where the non-conformance is with respect to the standards included in development regulations, the building, structure or development shall not be expanded if the expansion would increase the non-conformity -- and an expansion must comply with the development standards applicable to that building, structure or development; g) where the building or structure is primarily zoned and used for residential purposes, may, in accordance with the appropriate plan and regulations, be repaired or rebuilt where 50% or more of the value of that building or structure is destroyed; and h) a residential building or structure referred to in the above paragraph must, where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development regulations applicable to that building or structure. -- (5) Notice and hearings on change of use -- Where considering a non conforming building, structure or development under clause 4 (d) of this Regulation and before making a decision to vary an existing use of that non-conforming building, structure or development, 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. 28 ---- Town of Heart's Delight-Islington Development Regulations 2015 PART H -- GENERAL DEVELOPMENT STANDARDS 59. Offensive and Dangerous Uses No building or land shall be used for any purpose which may be dangerous by causing or promoting fires or other hazards or which may emit noxious, offensive or dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any nuisance that has an unpleasant effect on the senses unless its use is authorized by the Town and any other authority having jurisdiction. 60. Offstreet Loading and Parking Requirements See Schedule D. 61. Protected Road Zoning Regulations Within the Town boundary any development within 100 metres of the closest centre-line of the Highway within the Town requires the approval of Service NL. However, the provisions of these Regulations override the Protected Zoning Regulations, even though a permit is required from Service NL. 62. Protected Water Body A Protected Water Body includes the marine coastline and streams ponds and wetlands which appear on the 50,000 base mapping. Any development activities, including fording, within 15 metres of the high water mark of these water bodies must be approved under Section 48 of the Water Resources Act by the Department of Environment and Conservation. See also Regulation 76 -- Waterways and Wetlands. This Regulation however, does not prevent the Town from protecting any water body (waterway and wetland) within the Planning Area, nor does it prevent the Town from imposing greater setbacks or buffers along water bodies than the minimums required by the Department of Environment and Conservation. 63. Residential Buffer (1) Where any proposed non-residential use is to abut an existing or proposed residential use or a residential zone, the proponent of the non-residential development may be required to provide a buffer. Conversely, in the case of a residential development locating adjacent to an existing or proposed non- 29 S E. S M. S E. Town of Heart's Delight-Islington Development Regulations 2015 PART II -- GENERAL DEVELOPMENT STANDARDS residential use or zone, the Town may require the developer of the residential use to provide a buffer. Any such buffer shall be made up of hedges, trees, shrubs, earthen berms or structural barriers that will sufficiently mitigate noise, visual unpleasantness and other undesirable effects. Trees and shrubs existing on the site prior to development which could form all or part of a buffer shall not be removed. (2) Before approving any non-residential development near existing or proposed residential development or Residential zones, the Town must be satisfied that the proposed non-residential development: a) will not give rise to excessive noise or other forms or pollution; b) will not generate vehicle traffic which is above the level acceptable to adjacent residential amenities; c) will not cause an unacceptable nuisance or hazard to adjacent residential uses; and; d) in general, can be considered acceptable to the amenity of residential uses. 64. Screening and Landscaping The provision of adequate and suitable landscaping or screening may be made a condition of any development permit where, in the opinion of the Town, the landscaping or screening is desirable to preserve amenity, or protect the environment, and, in the case of existing unsightly development, the Town may 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. 65. Site Development When reviewing a development proposal, including roads, the Town shall consider the suitability of a site in terms of steepness of slopes, soils and geology, potential for coast-line erosion, location of waterways and wetlands along with other matters and shall, when considering approval, ensure, to the best of its ability, that the development has minimal or no negative effects on other properties and bodies of water or that the development itself will not be negatively affected. If the Town is of the opinion that development of a site may create negative impacts on nearby properties and water bodies, and/or raises concerns about short or long term the safety of the development itself, the Town can require the 30 Town of Heart's Delight-Islington Development Regulations 2015 PART H - GENERAL DEVELOPMENT STANDARDS submission of a review of the development proposal by a certified engineer, geoscientist, landscape architect or similar professional. 66. Site Development - Fill and Landscaping Permit Requirements (1) A permit shall not be required for ordinary landscaping of a property or the creation of a garden and similar activity unless such activity is likely to affect adjacent properties or a water body. (2) A permit shall be obtained from the Town before any filling-in or excavation of land takes place. This permit may be the same as the one obtained for the construction of a dwelling or other use. (3) Where such filling-in or excavation can affect the buffer of water body or the water body, then a permit shall also be obtained from the Department of Environment and Conservation, and where applicable, the Department of Transportation Canada (Navigable Waters Act). (4) A landscaping and site grading plan for any new development shall form part of the application for a development permit for a development which entails the development of the entire site or significant portion thereof and to this application shall be attached a plan showing vegetation - particularly trees, water-bodies, rock outcrops and other natural features. 67. Site Development - Quarry and Soil Removal (1) If, as part of another development, quarry material is to be removed and sold or otherwise disposed of, then a separate permit shall be obtained from the Department of Natural Resources, Mineral Lands Division, for the removal of quarry materials. A copy of the Town's permit must be forwarded to the Mineral Lands Division. (2) A site development quarry under this Regulation is permitted wherever the use that this quarry is associated with is permitted. (3) A quarry permit issued under this Regulation shall only be valid for a period of one year or the term of the site development, whichever is the lesser. However, if the Town feels that it is warranted, the permit may be renewed for additional one-year periods up to a maximum of three years from the date of the issuance of the first permit. (4) When the work is completed, the area affected shall be suitably landscaped and drained in accordance with a plan approved by the Town. Sol --- 31 Town of Heart's Delight-Islington Development Regulations 2015 PART H -- GENERAL DEVELOPMENT STANDARDS (5) If the site work is extensive, the Town may require the deposit of surety in accordance with Regulation 14(3) that shall be returned to the developer upon satisfactory completion of the work. 68. Site Development -- Slope Greater than 15 Percent or 20 Percent (1) Before approving development of a site having a slope greater than 15 percent up to 20 percent, the Town may require the submission of a review of the development proposal by a certified planner, engineer, landscape architect or similar professional. The review shall evaluate the adequacy of site grading, drainage and landscaping and storm water management and the potential of the development to cause erosion onto and pollution of adjacent development and lands and bodies of water receiving run-off from the site, and other similar matters. (2) No development shall be permitted on a slope greater 20 percent unless it is a public or private recreational use or public service or utility. 69. Street Construction Standards A new street may not be constructed except in accordance with and to the design and specifications set out under in Regulation 94 and/or by the Department of Transportation and Works. 70. Subsidiary Apartment A subsidiary apartment can be permitted in a single dwelling only, and for the purposes of calculating lot area and yard requirements, shall be considered part of the single dwelling. 71. Trails Historic trails, lanes and rights of way and accesses ("trails") to the coast line and ponds and streams, including the Witch Hazel Trail, Northern Point Trail, Western Trail and the Track, are protected insofar possible. To protect the trail system and nearby property owners the development applications adjacent these trails, shall be reviewed to ensure that the development will not negatively affect the trail or adjoining property owners. 32 Town of Heart's Delight-Islington Development Regulations 2015 PART H -- GENERAL DEVELOPMENT STANDARDS The Town may require an owner of a property to grant an easement to the Town for the purpose of protecting public access to the coastline or the shoreline of a pond or stream. 72. Travel Trailers (1) With certain exceptions that are noted in Clauses (2), (3), (4) and (5) of this Regulation a travel trailer may only be permitted in a campground in the Town and Rural Zones under Schedule C of these Regulations. (2) Except where the owner of a travel trailer is storing it at his or her residence, a travel trailer shall only be stored in a campground or on a vacant parcel of land that is located adjacent the parcel of land on which the residence is located. (3) At the request of the property owner, the Town may issue 30 day temporary permits for up to 120 days for a guest (a person not residing in the dwelling) travel trailer located on a residential property where: - there is already an approved dwelling; - the Town is satisfied that this travel trailer is only to be occupied on a temporary basis. (4) Construction Trailers -- Clauses (2) and (3) of this Regulation do not apply to construction trailers which are used as temporary offices or accommodation or storage facilities during construction. However, a permit shall be required for any such construction trailers. 73. Unsubdivided Land Development is not permitted on unsubdivided land unless sufficient area is reserved to satisfy the yard and other allowances called for in the Use Zone in which it is located and the allowances shall be retained when the adjacent land is developed. 74. Uses Permitted In All Zones In addition to conservation, which includes architectural, historical and scenic sites under Schedule B, accessory buildings and uses, public services and public utilities, recreational open space, trails, roads, accesses and driveways can be allowed in all zones subject to the necessary reviews and compliance with these Regulations and the Municipal Plan. MN. 33 Town of Heart's Delight-Islington Development Regulations 2015 PART H-- GENERAL DEVELOPMENT STANDARDS 75. Utilities -- Wind Mills, Wind Farms, Other Energy Sources Wind mills, wind turbines, wind farms and other energy forms, including solar based and small hydro generating facilities -- "Utilities" in Schedule B -- and associated facilities and services are subject to the approval of the Town and the conditions set out below. Utilities are subject to the approval of or exemption by relevant provincial and federal departments and agencies and public utilities, including the Mines and Energy Division of the Department of Natural Resources and Transport Canada. The design and location of such utilities shall take into consideration their impact on nearby land uses and persons, scenery, cultural landscapes, the environment and archaeological resources within the Town, along with other matters that the Town may deem to be significant. Wind mills utilities within the built-up areas are limited to single wind mills or wind turbines designed to serve particular properties. To prevent damage to persons and properties due to the failure of a windmill or any of its components or the shedding of ice, the Town shall ensure that there is adequate separation distance between the windmill and nearby structures and properties. Unless specifically exempted by the relevant agencies, the design, construction and location of a utility shall be certified by a professional engineer who has consulted with the required agencies. 76. Waterways and Wetlands (1) Development within waterways and wetlands and their 15 metre (m) buffers is subject to this Regulation and all relevant provincial and federal policies and statutes, including Department of Environment and Conservation Policy Directives W.R. 91-1 -- Policy for Infilling Bodies of Water, W.R. 96-1 -- Policy for Flood Plain Management, W.R. 97-1, Development in Shorewater Zones and 97-2, Development in Wetlands. Where there is a conflict between the Policy Directives and this Regulation, the more restrictive standards shall apply. (2) The minimum width of a buffer along a waterway or wetland shall be 15 metres from the highwater mark, or flood zone, of the stream, river, pond or other freshwater body of water or wetland. (3) If the toe of an embankment with an average slope of 30% or more lies within 34 Town of Heart's Delight-Islington Development Regulations 2015 PART II-- GENERAL DEVELOPMENT STANDARDS 15 m of the highwater mark, or flood zone of the waterway, then the buffer shall be measured from the top of the embankment. (4) However, where a water body is zoned Conservation, then the water body buffer shall be the Environmental Protection Zone or the minimum buffer under Clause (3) of this Regulation, whichever is greater. (5) Subject to the approval of the Department of Environment and Conservation where appropriate (see Regulation 62 -- Protected Water Body) and the Town, the only uses that can be permitted in the buffer area of a waterway are fences, roads, driveways, public services, public utilities, recreational open space and trails and uses requiring direct access to a body of water, such as wharves and docks and other marine related uses. (6) Development, and this includes placing fill or other materials, within a waterway and the buffer area of a waterway is subject to the approval of the Town, the Provincial Government where necessary, and where necessary, the Government of Canada. (7) The Town or the Provincial Government may subject development within the buffer area of a watercourse to an environmental review, and may approve, approve subject to conditions, or refuse such development. The matter of adequate and usable legal public access to the waterway shall be a consideration in the review of an application for a structure within a buffer and/or waterway. (8) Any development within a body of water or involving the alteration of a body of water must be approved by or exempted by the Department of Environment and Conservation for Crown Lands and referrals Department of Transportation Canada -- Navigable Waters Act, Fish Habitat Division of the Department of Fisheries and Oceans and/or, the Water Resources Division of the Department of Environment and Conservation before a permit is issued by the Town. Development within a buffer is subject to the approval of the Water Resources Management Division of the Department of Environment and Conservation, Department of Fisheries and Oceans Canada and where applicable, the Government Service Centre of the Service NL. (9) Wetlands can only be developed in such a way as to minimize damage and impacts on the hydrology and environment of the area. MID to. 35 Town of Heart's Delight-Islington Development Regulations 2015 PART II -- GENERAL DEVELOPMENT STANDARDS (10) Any development within a wetland or the buffer of a wetland shall require the approval of the Minister of Environment and Conservation (where necessary) as well as the Town whether or not that wetland is zoned Environmental Protection under the Development Regulations. (11) If a waterway or wetland is deemed to be minor, wherever possible such waterways and wetlands shall remain undeveloped and protected by a buffer. If a site is to be developed, alternatives to covering over or eliminating such waterways and wetlands shall be explored, including relocation of the waterway or wetland and/or redesign of the development. a) A minor waterway is defined as being a drainage course, an intermittent stream which does not carry significant storm flows and/or a stream which is not a fish habitat. b) A minor wetland is defined as a wetland less than 5,000 square metres in area not associated with a waterway and not deemed have a role in water management, wildlife habitat or the conservation of an environmentally sensitive area. 36 Town of Heart's Delight-Islington Development Regulations 2015 PART HI -- ADVERTISEMENTS PART III -- ADVERTISEMENTS 77. Advertisements and Signs Note: The terms "advertisement" and "sign" are interchangeable. (1) Permit Required Unless specifically exempted, no advertisement shall be erected or displayed in the Planning Area unless a permit for the advertisement is first obtained from the Town, and, where necessary, from the Service NL. (2) Form of Application Application for a permit to erect or display an advertisement shall be made to the Town in accordance with Regulation 17. (3) Advertisements in Street Reservation No advertisement shall be permitted to be erected or displayed within, on or over any highway or street reservation unless it is a premises sign (advertisement relating to onsite uses) and unless this sign has been approved by the Town and where necessary, the Service NL. (4) Permit Valid for Limited Period A permit granted under these Regulations for the erection or display an advertisement shall be for a limited period, not exceeding two years, but may be renewed at the discretion of the Town for similar periods. (5) Advertisements, Non-Compliant An advertisement presently not in compliance with the Regulations shall be removed or brought into compliance within one year of the date of written notification by the Town. (6) Removal of Advertisements Notwithstanding the provisions of these Regulations, the Town may require the removal of any advertisement which, in its opinion, is: 37 Town of Heart's Delight-Islington Development Regulations 2015 PART -- ADVERTISEMENTS a) hazardous to road traffic by reason of its siting, colour, illumination, maintenance or structural condition, or; b) detrimental to the amenities of the surrounding area. (7) Advertisements - Non-Conforming Uses A permit may be used for the erection or display of advertisements on a building or within the courtyard of a building or on a parcel of land, the use of which is a non conforming use, provided that the advertisement does not exceed the size and type of advertisement which could be permitted if the development was in a Use Zone appropriate to its use, and subject to any other conditions deemed appropriate by the Town. (8) Prohibition A sign shall not be erected, posted or placed: a) where, in the opinion of the Town, that sign would be hazardous to road traffic by reason of its siting, illumination or structural condition; b) where, in the opinion of the Town that sign would be detrimental to the amenities of surrounding areas or length of highway or road; c) where that sign is not maintained to the satisfaction of the Town; d) within or over a highway or street intersection unless otherwise approved by the Town for Town roads, or by the Department of Transportation and Works for roads under Provincial jurisdiction; e) with the exception of premises advertisements, within 300 metres, or a distance specified by the Department Transportation and Works, or the Town of the intersection of two or more highways and/or for Town roads, or from the crossing of a public road; and f) on a sign erected by the Department Transportation and Works. (9) Signs or Advertisements Not Specifically Covered If an application is received for a sign or advertisement that does not fall into one of the categories set out under these Regulations, subject to the other applicable requirements of these Regulations, the Town may approve, approve with conditions, or refuse to approve the sign or advertisement. 78. Advertisements Exempt from Control The following advertisements may be erected or displayed in the Planning Area 38 Town of Heart 's Delight-Islington Development Regulations 2015 PART HI -- ADVERTISEMENTS without application to the Town: a) a posting of a candidate in a federal, provincial or municipal election or a regional school board election; b) a temporary sign relating to federal, provincial or municipal public works; c) a notice required by law to be posted; d) a regulatory, warning, directional, guide or informational sign erected by the Department of Transportation and Works; e) a sign placed by a telephone, telegraph or electric power company to indicate danger; f) a sign, not exceeding 0.5 square metres, advertising the sale or rental of a building or lot upon which the sign is located; g) a flag, emblem or insignia of a nation, country or province; h) one temporary sign related to building construction located on a site on which the work is being carried out; i) on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m2 in area; j) on an agricultural holding or farm, a notice board not exceeding 1.5 m2 in area and relating to the operations being conducted on the land; k) on land used for forestry purposes, signs or notices not exceeding 1 m2 in area and relating to forestry operations or the location of logging operations conducted on the land; I) on land used for mining or quarrying operations, a notice board not exceeding 1 m2 in area relating to the operation conducted on the land; m) on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m2 in area in connection with the practice of a business carried on in the premises; n) on any site occupied by a church, school, library, art gallery, museum, institution or cemetery, one notice board placed no closer than 3 metres from a street line; o) on the principal facade of any commercial, industrial or public building, the name of the building or the name of the occupants of the building, in letters not exceeding one-tenth of the height of that facade or 3 m, whichever is the lesser; p) on any parking lot directional signs and one sign not exceeding 1 m2 in size, identifying the parking lot; and, q) a sign indicating the location of a municipal or municipal planning area boundary, located beyond the back slope of a highway ditching. 79. Advertisements - Temporary and/or Portable Signs (1) A temporary and/or portable sign may be permitted in any zone for a period 39 Town of Heart's Delight-Islington Development Regulations 2015 PART HI -- ADVERTISEMENTS not exceeding 30 consecutive days, or 45 days at the Town's discretion where purpose of the sign is to promote a not-for-profit initiative, provided the sign: a) does not exceed 3 m2 in area; b) does not create or aggravate a traffic hazard, such as by blocking a sight- line; c) does not interfere with other lawful signs, including directional signs; d) is of a location, materials, design and colour in keeping with the character and appearance of the area; e) if necessary, is approved by the Service NL, together with the Town. (2) A renewal permit for a temporary sign may only be issued after 30 days have passed since the original permit has expired. (3) A free standing temporary or portable sign affixed to the ground by legs shall be properly anchored to the ground in a manner that is sound and attractive. (4) If it is not exempted from these Regulations, with the written permission of Newfoundland Power, or the owner if not Newfoundland Power, a sign may be permitted on a utility pole. 80. Advertisements and Signs near Highways Pursuant to Newfoundland Regulation 85/99 as amended, the Provincial Government has designated "control lines" alongside each provincially maintained route. These lines extend 400 metres from the highway centrelines, except that the control area is reduced within Municipal Boundaries to 100 metres from the centreline of a provincial highway. Advertisements and signs falling within the designated control lines of any highway must be referred to and approved or exempted by the Government Services office serving the area. 81. Advertisements Relating to On-Site Uses This section deals with signage relating to on site uses - that is, uses located on the same property as the sign or signs. Sign types include free standing signs, signs affixed to buildings, fences and other structures, fascia signs and the use of building surfaces for advertising. The conditions which shall apply to the erection or display of an advertisement on any lot or site occupied by a use permitted or existing as a legal non-conforming use in a use zone shall be as set out below. 40 Town of Heart's Delight-Islington Development Regulations 2015 PART HI -- ADVERTISEMENTS (1) The size, shape, illumination and material construction of the advertisement shall meet the requirements of the Town, having regard for the safety and convenience of users of adjacent streets and sidewalks, and the general amenities of the surrounding area. (2) The maximum allowable size of the advertisement shall be determined in accordance with Clause (1) above and in consideration of the size of the premise or premises being advertised. For example, a sign for a large shopping centre would necessarily be of a different scale than one for a convenience store. (3) Only one free standing advertisement per entrance or exit shall be permitted in the front of a multi-use building, strip mall, shopping centre and similar facilities containing more than one premise. However, one additional sign shall be permitted in the front of a building if it is a free-standing temporary sign as set out under Regulation 79. (4) Where an advertisement is attached to the roof of a building and protrudes above the roof, then it shall be included in the calculation of the height of the building. 82. Advertisements Relating to Off-Site Uses This Regulation deals with signage relating to off-site site uses -- that is, uses not located on the same property as the sign or signs. Sign types include free standing signs, signs affixed to buildings, fences and other structures, fascia signs and the use of building surfaces for advertising. The conditions to be applied to the erection or display of an advertisement on any site, relating to a use permitted in a zone, or not relating to a specific land use, shall be as set out below. (1) Except as set out under Clause (4) of this Regulation, the advertisement shall not exceed 3 m2 in area. (2) Except as set out under Clause (4) of this Regulation, when the advertisements relate to a specific land use, they shall be located within a reasonable distance of, and only show thereon the name and nature of the distance or direction to the premises to which they relate. (3) The location, siting and illumination of each advertisement shall be to the 41 Town of Heart's Delight-Islington Development Regulations 2015 PART HI -- ADVERTISEMENTS satisfaction of the Town, having regard to the grade and alignment of streets, the location of street junctions, the location of nearby buildings and the preservation of the amenities of the surrounding area. (4) The size and location restriction of this Regulation is waived where the Town has erected or permitted to be erected an advertisement related to a civic or improvement or other public purpose; 42 Town of Heart's Delight-Islington Development Regulations 2015 PART IV--SUBDIVISION OF LAND PART IV - SUBDIVISION OF LAND 83. Permit Required and Sureties (1) No land in the Planning Area shall be subdivided into two or more lots unless a permit for the development of the subdivision is first obtained from the Town. (2) Before an Approval in Principle or permit is issued for a subdivision requiring the construction and/or upgrading of roads and municipal water and/or sewer services the Town shall require the deposit of surety in a form satisfactory to the Town to ensure the completion of the work in accordance with the approval. The requirements for a surety, along with other matters, shall be set out in the Subdivision Policy adopted by the Town and any agreements pursuant to that policy. 84. Services to be Provided No permit shall be issued for the development of a subdivision unless provisions satisfactory to the Town, and where necessary, the Provincial Government, have been made in the application for a supply of drinking water, a properly designed sewage disposal system, and a properly designed storm drainage system. 85. Payment of Service Levies and Other Charges No permit shall be issued for the development of a subdivision until agreement has been reached for the payment of all fees levied by the Town for connection to services, utilities and streets deemed necessary for the proper development of the subdivision, and all service levies and other charges imposed under the Development Regulations. 86. Issue of Permit Subject to Considerations A permit shall not be issued when, in the opinion of the Town, the development of a subdivision does not contribute to the orderly growth of the municipality and does not demonstrate sound design principles. In considering an application, the Town shall, without limiting the generality of the foregoing, consider: a) the location of the land; b) the availability of and the demand created for schools, services, and utilities; c) the provisions of the Plan and Regulations affecting the site; 43 an. Town of Heart's Delight-Islington Development Regulations 2015 PART IV --SUBDIVISION OF LAND d) the land use, physical form and character of adjacent developments; e) the transportation network and traffic densities affecting the site; f) the relationship of the project to existing or potential sources of nuisance; g) soil and subsoil characteristics; h) the topography of the site and its drainage; i) natural features such as lakes, streams, topsoil, trees and shrubs; j) prevailing winds; k) visual quality; I) community facilities; m) energy conservation; n) such other matters as may affect the proposed development. 87. Groundwater Supply Assessment -- New and Existing Subdivisions See Regulation 49. 88. Building Permits Required Notwithstanding the approval of a subdivision by the Town, a separate building an. permit shall be obtained for each building proposed to be erected in the area of the subdivision, and no building permit for any building in the area shall be issued until the developer has complied with all the provisions of these Regulations with respect to the development of the subdivision. ----- an. 89. Form of Application Application for a permit to develop a subdivision shall be made to the Town in accordance with Regulation 17. 90. Subdivision Subject to Zoning and Plan Adopted by Town The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the Land Use Zoning Map or other plan adopted by the Town. 91. Building Lines The Town may establish building lines for any subdivision street and require any new building to be located on such building lines. 92. Land for Public Open Space (1) Before a development commences, the developer shall, if required, dedicate to the Town, at no cost to the Town, an area of land equivalent to 10% of the gross area of the subdivision for park land or other public use, provided that: 44 Town of Heart's Delight-Islington Development Regulations 2015 PART IV --SUBDIVISION OF LAND a) where land is subdivided for any purpose other than residential use, the Town shall determine the percentage of land to be dedicated; b) if, in the opinion of the Town, no public open space is required, the land may be used for such other public use as the Town may determine; c) the location and suitability of any land dedicated under the provisions of this Regulation shall be subject to the approval of the Town but in any case, the Town shall not accept land which, in its opinion is incapable of development for any purpose; d) the Town may accept from the developer in lieu of such area or areas of land the payment of a sum of money equal to the value of the land which would otherwise be required to be dedicated; e) money received by the Town in accordance with Clause (1) d) above, shall be reserved by the Town for the purpose of the acquisition or development of land for public open space or other public purpose. (2) Land dedicated for public use in accordance with this Regulation shall be conveyed to the Town and may be sold or leased by the Town for the purposes of any development that conforms with the requirements of these Regulations, and the proceeds of any sale or other disposition of land shall be applied against the cost of acquisition or development of any other land for the purposes of public open space or other public purposes. (3) The Town may require a strip of land to be reserved and remain undeveloped along the banks of any river, brook or pond, and this land may, at the discretion of the Town, constitute the requirement of land for park land under Clause (1) of this Regulation. (4) Land that the Town requires to be set aside for storm water management, roads, public services, public utilities or environmental protection shall be in addition to whatever land the Town may require under Regulation 15 and Clause (1) of this Regulation. 93. Structure in Street Reservation The placing within any street reservation of any structure (for example, a hydro pole, telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the prior approval of the Town which shall be satisfied on the question of safe construction and relationship to the adjoining buildings and other structures within the street reservation. 45 Town of Heart's Delight-Islington Development Regulations 2015 PART IV --SUBDIVISION OF LAND 94. Subdivision Design Standards Except as otherwise specified in a Subdivision Policy adopted by the Town, no permit shall be issued for the development of a subdivision under these Regulations unless the design of the subdivision conforms to the standards below and the Government of Newfoundland and Labrador Municipal Water, Sewer and Roads Specifications. (1) The finished grade of streets shall not exceed 10 percent, up to 12 percent at the discretion of the Town where it would otherwise be impossible to develop the site, or compliance with the 10 percent requirement would entail excessive cutting and filling. (2) Every cul de sac shall be provided with a turning circle of a diameter of not less than 30 m. (3) The maximum length of any cul de sac shall be 250 m where no emergency access is provided; or 300 m where emergency access is provided. However, the maximum length of a cul de sac may be extended where the Town is satisfied that such an extension will not endanger lives or property and is necessary to round out a subdivision or ensure compliance with an approved plan for the area. (4) The 250 m under clause (3) is measured from the mid-point of the intersection to the beginning of the cul de sac bulb, or the beginning of the loop in a p- loop. (5) Emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall connect the head of the cul de sac with an adjacent street. (6) No cul de sac shall be located so as to appear to terminate a collector street. (7) A cul de sac shall not be permitted unless the Town is satisfied that there is no reasonable alternative to developing the property. (8) Land shall not be subdivided in such a manner as to prejudice the development of adjoining land and where deemed necessary by the Town new subdivisions shall have street connections with an existing street or streets. See also Regulation 30. (9) All street intersections shall be constructed within 5 degrees of a right angle SE. MP. 46 Town of Heart's Delight-Islington Development Regulations 2015 PART IV --SUBDIVISION OF LAND and this alignment shall be maintained for 30 m from the intersection. (10) No street intersection shall be closer than 60 m to any other street intersection. (11) No more than four streets shall join at any street intersection. (12) No residential street block shall be longer than 490 m between street intersections unless otherwise determined by the Town and provided that the Town is satisfied that there is adequate access provided to lands adjoining the subdivision. (13) Streets subdivisions shall be designed in accordance with the Subdivision Policy adopted by the Town, but in the absence of such standards, shall conform to the following minimum standards: Type of Street Street Reservation Pavement Width Walkway Width and Design Walkway Number Collector Streets 20 m 9 m As determined by the Town As determined by the Town Local Streets 12.5 m 7.5 m As determined by the Town As determined by the Town (14) No lot intended for residential purposes shall have a depth exceeding four times the frontage except as otherwise approved by the Town. (15) Residential lots shall not be permitted which abut a local street at both front and rear lot lines except as otherwise approved by the Town. (16) The Town may require any existing natural, historical or architectural feature or part thereof to be retained when a subdivision is developed. (17) Water and sewer mains shall be designed as loops to avoid dead-ending. 95. Engineer to Design Works and Certify Construction Layout (1) Plans and specifications for all water mains, hydrants, sanitary sewers, storm 47 ma, Town of Heart's Delight-Islington Development Regulations 2015 PART IV --SUBDIVISION OF LAND sewers and all appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other utilities deemed necessary by the Town to service the area proposed to be developed or subdivided shall be designed and prepared by or approved by the Engineer. Such designs and specifications shall, upon approval by the Town, be incorporated in the plan of subdivision. (2) Upon approval by the Town of the proposed subdivision, the Engineer shall certify all work of construction layout preliminary to the construction of the works and thereupon the developer shall proceed to the construction and installation, at his own cost and in accordance with the approved designs and specifications and the construction layout certified by the Engineer, of all such water mains, hydrants, sanitary sewers and all appurtenances and of all such streets and other works deemed necessary by the Town to service the said area. 96. Developer to Pay Engineer's Fees and Charges The developer shall pay to the Town all the Engineer's fees and charges for the preparation of designs and specifications and for the layout and supervision of construction; such fees and charges being percentages of the total cost of materials and labour for the construction and installation of all works calculated in accordance with the Schedule of Fees recommended by the Association of Professional Engineers and Geoscientists of Newfoundland and Labrador and in effect at the time the work is carried out. 97. Street Works May Be Deferred The construction and installation of all curbs and gutters, catch basins, sidewalks and paving specified by the Town as being necessary, may, at the Town's discretion, be deferred until a later stage of the work on the development of the subdivision but the developer shall deposit with the Town before approval of his application, an amount estimated by the Engineer as reasonably sufficient to cover the cost of construction and installation of the works. In the later stage of the work of development, the Town shall call for tenders for the work of construction and installation of the works, and the amount so deposited by the developer shall be applied towards payment of the contract cost. If the contract cost exceeds the deposit, the developer shall pay to the Town the amount of the excess. If the contract price is less than the deposit, the Town shall refund the amount by which the deposit exceeds the contract price. Any amount so deposited with the Town by the developer shall be placed in a separate savings account in a bank and all interest earned thereon shall be credited to the developer. 'Wm MIR 48 Town of Heart's Delight-Islington Development Regulations 2015 PART IV --SUBDIVISION OF LAND 98. Transfer of Streets and Utilities to Town (1) The developer shall, following the approval of the subdivision of land and upon request of the Town, transfer to the Town, at no cost to the Town, and clear of all liens and encumbrances: a) all lands in the area proposed to be developed or subdivided which are approved and designated by the Town for public uses as streets, or other rights-of-way, or for other public use; b) all services or public works including streets, water supply and distribution and sanitary and storm drainage systems installed in the subdivision that are normally owned and operated by the Town. (2) Before the Town shall accept the transfer of lands, services or public works of any subdivision, the Engineer shall, at the cost to the developer, test the streets, services and public works installed in the subdivision and certify his satisfaction with their installation. (3) The Town shall not provide maintenance for any street, service or public work in any subdivision until such time as such street, service or public work has been transferred to and accepted by the Town. 99. Restriction on Sale of Lots The developer shall not develop or dispose of any lot within a subdivision for the purposes of development and no building permit shall be issued until the Town is satisfied that: a) the lot can be served with satisfactory water supply and sewage disposal systems; and, b) satisfactory access to a street is provided for the lots. 100. Grouping of Buildings and Landscaping (1) Each plan of subdivision shall make provision for the grouping of building types and for landscaping in order to enhance the visual aspects of the completed development and to make the most use of existing topography and vegetation. (2) Building groupings, once approved by the Town, shall not be changed without written application to and subsequent approval of the Town. 49 Town of Heart's Delight-Islington Development Regulations 2015 PART IV --SUBDIVISION OF LAND 101. Coordination of Development See Regulation 45. ?Sp 50 Town of Heart's Delight-Islington Development Regulations 2015 PART V --USE ZONES PART V - USE ZONES 102. Use Zones (1) For the purpose of these Regulations, the Planning Area is divided into Use Zones which are shown on the Zoning Map attached to and forming part of these Regulations. (2) Subject to Regulation 102 (3), the permitted use classes, discretionary use classes, standards, requirements and conditions applicable to each Use Zone are set out in the Use Zone Tables in Schedule C of these Regulations. (3) Where standards, requirements and conditions applicable in a Use Zone are not set out in the Use Zone Tables in Schedule C, the Town may in its discretion, determine the standards, requirements and conditions which shall apply. 103. Use Classes The specific uses to be included in each Use Class set out in the Use Zone Tables in Schedule C shall be determined by the Town in accordance with the classification and examples set out in Schedule B. 104. Permitted Uses Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in the appropriate Use Zone Table in Schedule C shall be permitted by the Town in that Use Zone. 105. Discretionary Uses Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if the Town is satisfied that the development would not be contrary to the general intent and purpose of these Regulations, the Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and to the public interest, and if the Town has given notice of the application in accordance with Regulation 24 and has considered any objections or representations which may have been received on the matter. 51 Town of Heart's Delight-Islington Development Regulations 2015 PART V --USE ZONES 106. Uses Not Permitted Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone. !MB MN% .11.. ..11S 52 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE A -- DEFINITIONS SCHEDULE A -- DEFINITIONS GENERAL NOTE: A definition marked with an asterix is also included in the Ministerial Development Regulations or the Act. Where there is a conflict, the Ministerial Development Regulations or the Act prevail. ACCESS* means a way used or intended to be used by vehicles, pedestrians or animals in order to go from a street to adjacent or nearby land or to go from that land to the street. ACCESSORY BUILDING* includes: ( ) a detached subordinate building not used as a dwelling, located on the same lot as the main building to which it is an accessory which has a use that is customarily incidental or complementary to the main use of the building or land, (ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for domestic pets, or radio and television antennae, (iii) for commercial uses, workshops, or garages, and (iv) for industrial uses, garages, offices, raised ramps and docks. ACCESSORY USE* means the use that is subsidiary to a permitted or discretionary use and that is customarily expected to occur with the permitted or discretionary use. ACT*, unless the context indicates otherwise, means the Urban and Rural Planning Act 2000. ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction; excluding such things employed wholly as a memorial, or functional advertisement of Councils, or other local authorities, public utilities and public transport undertakers, and including any boarding or similar structure used or adapted for use for the display of advertisements. AGRICULTURE means horticulture, fruit growing, grain growing, seed growing, dairy farming, the breeding or rearing of livestock, including any creature kept for the production of food, wool, skins, or fur, or for the purpose of its use in the farming of land, the use of land as grazing land, meadow land, osier land, market gardens and nursery 53 'Wm --- Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE A -- DEFINITIONS grounds and the use of land for woodlands where that use is ancillary to the farming of land for any other purpose. "Agricultural" shall be construed accordingly. AMUSEMENT USE means the use of land or buildings equipped for the playing of electronic, mechanical, or other games and amusements including electronic games, pinball games and slot machine arcades and billiard and pool halls. ANIMAL UNIT means any one of the following animals or groups of animals: 1 bull; 1000 broiler chickens or roosters (1.8 - 2.3 kg each); 1 cow (including calf); 100 female mink (including associated males and kits); 4 goats; X hogs (based on 453.6 kg = 1 unit); 1 horse (including foal); 125 laying hens; 4 sheep (including lambs); 1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit); X turkeys, ducks, geese (based on 2,268 kg = 1 unit). APARTMENT BUILDING means a building containing three or more dwelling units, but does not include a row dwelling. APPEAL BOARD means the appropriate Appeal Board established under the Act. APPLICANT means a person who has applied to a Town for an approval or permit to carry out a development. ARTERIAL STREET means the streets in the Planning Area constituting the main traffic arteries of the area and defined as arterial streets or highways. AUTHORITY* means a council, authorized administrator or regional authority. BED AND BREAKFAST means an owner-occupied or owner-managed establishment for paid temporary accommodation for up to sixteen (16) overnight guests that may include a dining room for the use of overnight guests and their invitees. The establishment must be registered with and receive a rating from Canada Select and also must be approved by the Provincial Department of Tourism, Culture and Recreation as a Bed and Breakfast operation. BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to persons other than the immediate family of the owner or tenant. --- - 54 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE A -- DEFINITIONS BUILDING* means a structure, erection, alteration or improvement placed on, over or under land or attached, anchored or moored to land, (H) mobile structures, vehicles and marine vessels adapted or constructed for residential, commercial, industrial and other similar uses, (iii) a part of and fixtures on buildings referred to in subparagraphs (i) and (H), (iv) an excavation of land whether or not that excavation is associated with the intended or actual construction of a building or thing referred to in subparagraphs (i) to (Hi). BUILDING HEIGHT* means the vertical distance, measured in metres, from the established grade to: (i) the highest point of the roof surface of a flat roof Flat Roof (H) the deck line of a mansard roof - Mansard Roof And (H ) the mean height level between eave and ridge of a gable, hip or gambrel roof, 55 ---- Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE A -- DEFINITIONS Gable Roof Gambrel Roof Simple Hip Roof and in any case, a building height shall not include mechanical structure, smokestacks, steeples and purely ornamental structures above a roof. BUILDING LINE* means a line established by an authority that runs parallel to a street line and is set at the closest point to a street that a building may be placed. CAMPGROUND means the primary use of land for the accommodation of two or more campers or travel trailers, recreational vehicles, and/or tents. COLLECTOR STREET means a street that is designed to link local streets with arterial streets. DAYCARE CENTRE or DAY NURSERY means a building or part of a building in which services and activities are regularly provided to children of pre-school age during the full daytime period as defined under the Day Nurseries Act, but does not include a school as defined by the Schools Act. DECK means a raised structure that has a walking surface within one storey of the established grade at the ground level of that face of the building that may or may not be attached to a main or principal building, and does not have a permanent roof. 56 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE A -- DEFINITIONS 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 premise and the (i) making of an access onto a highway, road or way, (ii) erection of an advertisement or sign, (Hi) construction of a building, (iv) parking of a trailer, or vehicle of any description used for the sale of refreshments or merchandise, or as an office, or for living accommodation, for any period of time; and excludes the (v) carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance or use of the building, (vi) carrying out by a highway authority of any works required for the maintenance or improvement of a road, being works carried out on land within the boundaries of the road reservation, (vii) carrying out by any local authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of street or other land for that purpose, and (viii) use of any building or land within the courtyard of a dwelling house for any purpose incidental to the enjoyment of the dwelling house as a dwelling. DEVELOPMENT REGULATIONS* means regulations made under sections 34 to 38 (of the Urban and Rural Act 2000). DISCRETIONARY USE* means a use that is listed within the discretionary use classes established in the use zone tables of an authority's development regulations. DOUBLE DWELLING means a building containing two dwelling units, placed one above the other, or side by side, but does not include a self-contained dwelling containing a subsidiary apartment. DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used or designed as the living quarters for one household. ENGINEER means a professional engineer employed or retained by the Town. 57 an. 'Eh Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE A -- DEFINITIONS 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. FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no more than six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this definition includes, but is not limited to, the facilities called "Group Homes", "Halfway House", and "Foster Home". FLOOR AREA* means the total area of all floors in a building measured to the outside face of exterior walls. FRONTAGE* means the horizontal distance between side lot lines measured at the building line. FRONT YARD DEPTH means the distance between the front lot line of a lot and the front wall of the main building on the lot. GARAGE means a building erected for the storage of motor vehicles as an ancillary use to a main building on the lot. GENERAL INDUSTRY means the use of land or buildings for the purpose of storing, assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up, demolishing, or treating any article, commodity or substance. "Industry" shall be construed accordingly. GENERAL GARAGE means land or buildings used exclusively for repair, maintenance and storage of motor vehicles and may include the sale of gasoline or diesel oil. HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes involving the use of materials or processes which because of their inherent characteristics, constitute a special fire, explosion, radiation or other hazard. HOME BUSINESS means a secondary use of a dwelling and/or its accessory building by at least one of the residents of the dwelling to conduct a gainful occupation or business activity. MI& 58 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE A -- DEFINITIONS INSPECTOR means any person appointed and engaged as an Inspector by the Town or by any federal or provincial authority or the agent thereof. INSTITUTION means a building or part thereof occupied or used by persons who: (a) are involuntarily detained, or detained for penal or correctional purposes, or whose liberty is restricted, or; (b) require special care or treatment because of age, mental or physical limitations or medical conditions. LAND* includes land covered by water and buildings and structures on, over, under the soil and fixtures that form part of those buildings and structures. LIGHT INDUSTRY means the use of any land or buildings for any general industrial use that can be carried out without hazard or intrusion and without detriment to the amenity of the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance. LOCAL STREET means a street designed primarily to provide access to adjoining land and which is not designated as a collector street or arterial street. LODGING HOUSE means a dwelling in which at least 2 rooms are regularly rented to persons other than the immediate family of the owner or tenant. LOT* means a plot, tract or parcel of land which can be considered as a unit of land for a particular use or building. LOT AREA" means the total horizontal area within the lines of the lot. LOT COVERAGE* means the combined area of all buildings on the lot measured at the level of the lowest floor above the established grade and expressed as a percentage of the total area of the lot. MAIN BUILDING -- See Principal Building. MARINA means a dock or basin together with associated facilities where slips, moorings, supplies, repairs, and other services that are typically available for boats and other watercraft, including storage, sales and rentals, with or without a club house and catering facilities. It can also include a boat-house or shed associated with a dock or wharf. MINERAL EXPLORATION means the activity of searching for minerals or mineral occurrences, including oil exploration, where, for the purposes of these Regulations it 59 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE A -- DEFINITIONS takes the form of development --that is, visible and appreciable disturbance to soil. MINERAL WORKING means land or buildings used for the working or extraction of construction aggregates. MINI-HOME means a prefabricated single dwelling complying with the National Building Code and having the dimensions of a single-wide mobile home and which has been transported to the site on a single trailer. MINING means land or buildings used for the extraction of ores, salts, oil and/or natural gas. MOBILE HOME means a transportable factory-built single family dwelling unit: (a) which complies with space standards substantially equal to those laid down in the Canadian Code for Residential Construction and is in accordance with the construction standards laid down and all other applicable Provincial and Municipal Codes and; (b) which is designed to be: (i) transported on its own wheels and chassis to a mobile home lot, and subsequently supported on its own wheels, jacks, posts or piers, or on a permanent foundation and; (ii) connected to exterior public utilities approved by the Town, namely, piped water, piped sewer, electricity and telephone, in order for such mobile home unit to be suitable for year round term occupancy. MOBILE HOME PARK means a mobile home development under single or joint ownership, cared for and controlled by a mobile home park operator where individual mobile home lots are rented or leased with or without mobile home units placed on them and where ownership and responsibility for the maintenance and development of site facilities including underground services, access roads, communal areas, snow clearing and garbage collection, or any of them, are the responsibility of the mobile home park management, and where the mobile home development is classified as a mobile home park by the Town. MOBILE HOME SUBDIVISION means a mobile home development requiring the subdivision of land whether in single or joint ownership into two or more pieces or parcels of land for the purpose of locating thereon mobile home units under either freehold or leasehold tenure and where the maintenance of streets and services is the 60 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE A - DEFINITIONS responsibility of a municipality or public authority, and where the mobile home development is classified as a mobile home subdivision by the Town. MOTOR VEHICLE (Highways Act NL) means means a vehicle propelled, driven or controlled otherwise than by muscular power, other than a trailer or a vehicle running upon fixed rails. NON-CONFORMING USE* means a legally existing use that is not listed as a permitted or discretionary use for the use zone in which it is located or which does not meet the development standards for that use zone. OWNER* means a person or an organization of persons owning or having the legal right to use the land under consideration. PERMITTED USE* means a use that is listed within the permitted use classes set out in the use zone tables of an authority's development regulations. PIT AND QUARRY WORKING carries the same meaning as Mineral Working. PRINCIPAL BUILDING(S) means the building or buildings in which the primary use of the lot on which the building is located is conducted. This term is interchangeable with the term Main Building. PROHIBITED USE* means a use that is not listed in a use zone within the permitted use classes or discretionary use classes or a use that an authority specifies as not permitted within a use zone. REAR YARD DEPTH* means the distance between the rear lot line and the rear wall of the main building on a lot. RESTAURANT means a building or part thereof, designed or intended to be used or occupied for the purpose of serving the general public with meals or refreshments for consumption on the premises. ROW DWELLING means a dwelling containing three or more dwelling units at ground level in one building, each unit separated vertically from the others. SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal or recreational use, and is not intended for use as permanent living quarters. SEMI-SERVICED DEVELOPMENT means development which is connected to the municipal water or municipal sewer system, whether or not the sewage is piped directly 61 %Ma MEIN. --- 'Mk Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE A -- DEFINITIONS to a body of water. SERVICE STATION means any land or building used exclusively for the sale of petroleum products, automotive parts and accessories, minor repairs, washing and polishing of motor vehicles. SERVICE STREET means a street constructed parallel to or close to another street for the purpose of limiting direct access to that street. SHOP means a building or part thereof used for retail trade wherein the primary purpose is the selling or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of retail services but does not include an establishment wherein the primary purpose is the serving of meals or refreshments, an amusement use, a general garage, or a service station. SHOPPING CENTRE means a group of shops and complementary uses with integrated parking and which is planned, developed and designed as a unit containing a minimum of 5 retail establishments. SHOWROOM means a building or part of a building in which samples or patterns are displayed and in which orders may be taken for goods, wares or merchandise, including vehicles and equipment, for later delivery. SIDE YARD DEPTH* means the distance between the side lot line and the nearest side wall of a building on the lot. SIGN* means a word, letter, model, placard, board, device or representation, whether illuminated or not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement or direction and excludes those things employed wholly as a memorial, advertisements of local government, utilities and boarding or similar structures used for the display of advertisements. SINGLE DWELLING means a single dwelling which is free standing, separate, and detached from other main buildings and consists of a constructed on site, prefabricated, or manufactured detached dwelling unit, but not including a mini-home, mobile home.or travel trailer. STREET* means a street, road or highway or other way designed for the passage of vehicles and pedestrians and which is accessible by fire department and other emergency vehicles. STREET LINE* means the edge of a street reservation as defined by the authority MM. 62 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE A -- DEFINITIONS having jurisdiction. SUBDIVISION* means the dividing of any land, whether in single or joint ownership into 2 or more pieces for the purpose of development. SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary to a self-contained dwelling. SUBSIDIARY DWELLING means a small dwelling, that may or may not be a fully self- - contained dwelling unit, located on single dwelling property and which is located to the rear of the principal single dwelling and is smaller than the principle single dwelling. TAKE-OUT FOOD SERVICE means a building in which the primary purpose is the preparation and sale of meals or refreshments for consumption off the premises. TAVERN includes a nightclub and means a building licensed or licensable under the Liquor Control Act wherein meals and food may be served for consumption on the premises and in which entertainment may be provided. TRAILER (Highways Act NL in part) means means a vehicle which has no motive power of its own and which is attached to a truck, or truck tractor or other motor vehicle. TRAVEL TRAILER means any portable dwelling, including campers and recreational vehicles designed in structure to permit occupancy for dwelling or sleeping purposes, having no permanent foundation but supported by wheels, jacks or similar supports, and used or so constructed that it is capable of being used as a conveyance on public streets or highways and licensable under the Highway Traffic Act, and if its length does not exceed 9 m and width 2.6 m. UNSERVICED DEVELOPMENT means development which is not connected to the municipal water and sewer system, whether or not the sewage is piped directly to a body of water. USE* means a building or activity situated on a lot or a development permitted on a lot USE ZONE or ZONE* means an area of land including buildings and water designated on the Zoning Map to which the uses, standards and conditions of a particular use zone table apply. VARIANCE* means a departure, to a maximum of 10% from the yard area, lot coverage, setback, size, height, frontage or any other numeric requirement of the applicable Use Zone Table of the authority's regulations. 63 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE A -- DEFINITIONS ZONING MAP* means the map or maps attached to and forming part of the authority's regulations. YARDS ea, - 64 IMF Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE B -- CLASSIFICATION --- SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS GROUP CLASS EXAMPLES ASSEMBLY USES Theatre Motion Picture Theatres T.V. Studios admitting an audience, theatres. ASSEMBLY USES Cultural and Civic Libraries, Museums, Art Galleries, Court Rooms, Meeting Rooms, Council Chambers ASSEMBLY USES Protection Police and Fire Stations ASSEMBLY USES General Assembly Community Halls, Lodge Halls, Dance Halls, Gymnasia, Auditoria, Bowling Alleys ASSEMBLY USES Educational Schools, Colleges (non- residential) ASSEMBLY USES Place of Worship Churches and similar places of worship, Church Halls ASSEMBLY USES Passenger Assembly Passenger Terminals ASSEMBLY USES Club and Lodge Private Clubs and Lodges (non-residential) Restaurants, Bars, Lounges ASSEMBLY USES Catering ASSEMBLY USES Funeral Home Funeral Homes and Chapels ASSEMBLY USES Child Care Day Care Centres ASSEMBLY USES Amusement Electronic Games Arcades, Pinball Parlours, Poolrooms ASSEMBLY USES Indoor Assembly Arenas, Armouries, Ice Rinks, Indoor Swimming Pools IMF IMP 11. 65 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE B -- CLASSIFICATION SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd GROUP CLASS EXAMPLES ASSEMBLY USES Outdoor Assembly Bleachers, Grandstands, Outdoor Ice Rinks and Swimming Pools, Amusement Parks and Fair-grounds, Exhibition Grounds, Drive-in Theatres, Paint Ball ASSEMBLY USES Campground Campgrounds, Recreational Vehicle and Travel Trailer Campgrounds INSTITUTIONAL USES Medical Treatment and Special Care Children's Homes, Convalescent Homes Homes for Aged, Hospitals, Infirmaries RESIDENTIAL USES Single Dwelling Single Detached Dwellings, Family & Group Homes RESIDENTIAL USES Subsidiary Apartment Subsidiary Apartment RESIDENTIAL USES Subsidiary Dwelling Subsidiary Dwelling RESIDENTIAL USES Mini-Home Mini-Home RESIDENTIAL USES Double Dwelling Semi-detached Dwelling, Duplex Dwellings, Family & Group Homes RESIDENTIAL USES Row Dwelling Row Houses, Town Houses, Family & Group Homes RESIDENTIAL USES Apartment Building Apartments, Family & Group Homes 66 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE B -- CLASSIFICATION SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd GROUP CLASS EXAMPLES RESIDENTIAL USES Boarding House Residential and/or Bed and Breakfast Boarding Houses, Lodging Houses, Bed and Breakfast RESIDENTIAL USES Commercial Residential Hotels & Motels, Hostels, Residential Clubs, Tourist Cabins RESIDENTIAL USES Seasonal Residential Summer Homes & Cabins, Hunting & Fishing Cabins RESIDENTIAL USES Mobile Homes Mobile Homes RESIDENTIAL USES Seniors' Housing and Personal Care Facilities Seniors' Housing and Personal Care Facilities BUSINESS & PERSONAL SERVICE USES Office Offices (including Government Offices), Banks BUSINESS & PERSONAL SERVICE USES Home Business Home Business BUSINESS & PERSONAL SERVICE USES Medical and Professional Medical Offices and Consulting Rooms, Dental Offices & Surgeries, Legal Offices & Similar Professional Offices BUSINESS & PERSONAL SERVICE USES Personal Service Barbers, Hairdressers, Beauty Parlours, Small Appliance Repairs BUSINESS & PERSONAL SERVICE USES General Service Self-service Laundries, Dry Cleaners (not using flammable or explosive substances), Small Tool and Appliance Rentals, Travel Agents BUSINESS & PERSONAL SERVICE USES Communications Radio Stations, Telephone Exchanges BUSINESS & PERSONAL SERVICE USES Police Station Police Stations without detention quarters 67 as. Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE B -- CLASSIFICATION Ws. SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd GROUP CLASS EXAMPLES BUSINESS & PERSONAL SERVICE USES Taxi Stand Taxi Stands BUSINESS & PERSONAL SERVICE USES Take-out Food Service Take-out Food Service BUSINESS & PERSONAL SERVICE USES Veterinary Veterinary Surgeries MERCANTILE USES Shopping Centre Shopping Centres MERCANTILE USES Shop Retail Shops and Stores and Showrooms, Department Stores MERCANTILE USES Indoor Market Market Halls, Auction Halls MERCANTILE USES Outdoor Market Market Grounds, Animal Markets, Produce and Fruit Stands, Fish Stalls MERCANTILE USES Convenience Store Confectionary Stores, Corner Stores, Gift Shops, Specialty Shops INDUSTRIAL USES Hazardous Industry Bulk Storage of hazardous liquids and substances, Chemical Plants, Distilleries Feed Mills, & Lacquer, Mattress, Paint, Varnish, and Rubber Factories, Spray Painting INDUSTRIAL USES General Industry Factories, Cold Storage Plants, Freight Depots General Garages, Warehouses, Workshops, Laboratories, Laundries, Planing Mills, Printing Plants, Contractors' Yards INDUSTRIAL USES Service Station Gasoline Service Stations, Gas Bars, Car Wash 68 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE B -- CLASSIFICATION - 111. mit Mar INF --- IMP SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd GROUP CLASS EXAMPLES INDUSTRIAL USES Light Industry Light Industry, Parking Garages, Indoor Storage, Warehouses, Workshops NON-BUILDING USES Agriculture Commercial Farms, Hobby Farms, Market Gardens, Nurseries, Greenhouses NON-BUILDING USES Forestry Tree Nurseries, Silviculture NON-BUILDING USES Mineral Exploration Mineral Exploration NON-BUILDING USES Mineral Working Quarries, Pits NON-BUILDING USES Mining Mining, Oil Wells NON-BUILDING USES Recreational Open Space and Trails Playing Fields, Sports Grounds, Parks, Playgrounds, Recreational Trails NON-BUILDING USES Conservation Watersheds, Buffer Strips, Flood Plains, Architectural, Historical and Scenic Sites, Steep Slopes, Wildlife Sanctuaries NON-BUILDING USES Cemetery Cemeteries, Graveyards NON-BUILDING USES Scrap Yard Car Wrecking Yards, Junk Yards, Scrap Dealers NON-BUILDING USES Solid Waste Solid Waste Disposal, Sanitary Land Fill Incinerators NON-BUILDING USES Animal Animal Pounds, Kennels, Zoos NON-BUILDING USES Antenna TV, Radio and Communications Transmitting and Receiving Masts and Antennae NON-BUILDING USES Transportation Airfields, Docks, Marina, Yacht Club, Boating Club, Boat House and Harbours 69 Me& - Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE B -- CLASSIFICATION SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd GROUP CLASS EXAMPLES NON-BUILDING USES Utilities Windmills, Wind Turbines, Solar, and other energy sources not classed as a Public Utility under the Public Utilities Act. MM. -No. SE. MID MI* 70 SE. Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE C -- USE ZONE SCHEDULES SCHEDULE C -- USE ZONE SCHEDULES Schedule C contains tables showing the use classes which may be permitted or which may be treated as discretionary use classes for the purpose of these Regulations. The tables also indicate the required standards of development and may also include conditions affecting some or all of the use classes. Before issuing an Approval in Principle or a permit for a development, the Town shall review the application to ensure that it is in compliance with Application, Parts I -- General Regulations, II -- General Development Standards, Ill -- Advertisements, IV -- -- Subdivision of Land; and Schedules A -- Definitions, B -- Classification of Uses of Land and Buildings, C -- Use Zone Schedules, and D -- Offstreet Loading and Parking Requirements of the Development Regulations. Schedule C contains tables for the following Use Zones: Town (TN) Rural (RU) Environmental Protection (EP) Floodway (F) Protected Public Water Supply (PPWS) 71 72 .MIPs %MI SCHEDULE C -- TOWN Town of Heart's Delight-Islington Development Regulations 2015 USE ZONE TABLE TOWN (TN) ZONE PERMITTED USE CLASSES - (see Regulation 104) Conservation, Double Dwelling, Home Business, Mini Home, Mobile Home, Recreational Open Space and Trails, Single Dwelling, Subsidiary Apartment, Subsidiary Dwelling DISCRETIONARY USE CLASSES - (see Regulations 24 and 105) Agriculture (Condition 3), Antenna, Apartment Building, Bed and Breakfast, Boarding House, Campground, Child Care, Cemetery, Commercial Residential, Convenience Store, Cultural and Civic, Educational, Family and Group Care Centre, General Assembly, Indoor Assembly, Light Industry, Medical and Professional, Office and Personal Service, Mobile Home Park, Office, Place of Worship, Protection, Row Dwelling, Seniors' Housing and Personal Care, Shop, Theatre, Transportation STANDARDS (MUNICIPAL WATER AND SEWER) WHERE PERMITTED Single Dwelling Double Dwelling Row Dwelling Apartment Building Lot area (m2) min- imum 450* 390* 180" (average) 280* Frontage (m) mini- 15` mum 20 20 6m/unit 20 m for first three; 6.6m per unit, four and more up to 36 m maximum Building Line Setback (m) (minimum) 6 6 10 10 IN" INV .111, --- 'Mr MEP Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE C -- TOWN Side yard Width (m) (minimum)** 2** 3 3 5 Side yard Width (m) Corner Lot Flanking 6 6 6 6 Road (minimum) Rear yard Depth (m) (minimum) 9 9 9 9 Lot Coverage (%) maximum including all buildings on property 33 33 33 33 Height (m) maximum 10 10 10 10 NOTES: * per dwelling unit. STANDARDS -- NON RESIDENTIAL USES & USES NOT LISTED The minimum standards for non-residential uses and uses other than a single dwelling, double dwelling, row dwelling and apartment building shall be as determined by the Town or the standards set out for single dwellings, whichever is the greater. Maximum height and maximum lot coverage shall be the same as set out for single dwellings. **The minimum side yard for non-residential uses shall be 5 metres. CONDITIONS 1. Municipal Services, Unserviced and Semi-Serviced Lots Development shall be connected to available municipal water and/or sewer services. Development on unserviced and semi-serviced lots is subject to the requirements set out under the "Private Sewage Disposal and Water Supply Standards", and/or an. 73 Town of Heart's Delight-Islington -Mir Development Regulations 2015 SCHEDULE C -- TOWN 1,10, other applicable requirements of Service NL and the Department of Environment - and Conservation. 2. Non-Residential and Discretionary Uses --- - Non-residential and discretionary uses shall be compatible with nearby residential uses, which is to say that they shall not interfere with the use and 'MP enjoyment of nearby residential properties by virtue of appearance, noise, odours, traffic or dust. 3. Agriculture See also Regulation 52. Agriculture uses in this Zone are limited to greenhouses and related uses, field crops such as fruits and vegetables and forage; and the keeping of up to 4 large livestock and 12 small livestock. Livestock shall be housed in suitable facilities approved by the Agrifoods Development Branch and on properties which are sufficiently large to provide for the exercise and well-being of the large livestock. Manure and other waste shall be disposed of in a manner approved by the Agrifoods Development Branch and the Department of Environment and Conservation. Barns shall be treated as accessory buildings in this Zone in accordance with the requirements set out under Regulation 32. 4. Home Business See Regulation 51. 5. Seniors' Housing and Personal Care Facilities Senior's Housing and Personal Care Facilities shall be compatible with nearby residential uses. Except that the minimum side yard shall be 5 metres, all other requirements for a single dwelling shall apply, and furthermore: (a) the development shall be planned as a single development with all of the 74 ../// Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE C-- TOWN necessary facilities and services; (b) the development shall be tailored to the needs of the persons occupying the development in accordance with their condition; (c) the overall design of the development -- including road layout, landscaping, building design and location, parking areas, and so forth -- is such that it is attractive, and compatible with other uses in the vicinity; (d) a single management authority shall be responsible for the maintenance of properties within the development; (e) building types can be those necessary to serve the purposes of the development, including a variety of dwelling types, special purpose structures, communal storage areas and workshops for the use of the residents, communal garages and care facilities; (f) the total lot coverage of all buildings does not exceed 33%; (g) the parking standards shall be tailored to the needs of the users of the facilities, provided that there is adequate provision for both residents an visitors, and provided that where independent living accommodation is provided in single, double or row dwelling types that at least one (1) parking space per dwelling unit is provided adjacent the dwelling unit; (h) the development is connected to the Town's municipal water and sewer services. 6. Subsidiary Apartment See Regulation 70. 7. Subsidiary Dwelling A subsidiary dwelling is permitted in the rear yard of a single dwelling in a building separate from the single dwelling, subject to the following requirements: (a) the subsidiary dwelling is located in the rear yard of the single dwelling; (b) fire and other safety issues are properly addressed in the location, access and design of the subsidiary dwelling, and this may entail the provision of a sideyard wide enough to provide access for emergencies which is greater than the minimum sideyard for single dwellings in this zone; (c) unless it is only used as a separate sleeping quarters, the subsidiary dwelling shall be connected to municipal water and sewer services; (d) the maximum floor area shall be 45 square metres; (e) the minimum distance from the side and rear property boundaries is 3 75 - Mo. Wm, --- Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE C-- TOWN metres; --- ( 0 maximum height is 5 metres; (g) no minimum lot area. lir 8. Transportation Transportation Use is limited to uses requiring direct access to a body of water. IMP fir 76 ---- gal war Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE C -- RURAL USE ZONE TABLE RURAL (RU) ZONE PERMITTED USE CLASSES (see Regulation 104) Agriculture, Animal, Antenna, Campground, Conservation, Forestry, Recreational Open Space and Trails DISCRETIONARY USE CLASSES (See Regulation 105) General Industry, Home Business, Indoor Market, Light Industry, Mineral Exploration, Mineral Working, Outdoor Assembly, Outdoor Market, Single Dwelling, Transportation, Utilities, Veterinary STANDARDS ALL USES WHERE APPLICABLE Lot Area (minimum) -- As determined by Service NL Lot Frontage (minimum) --As determined by Service NL Building Line Setback (minimum) -- 8 m Side Yard Width (minimum) -- 2 m Side Yard Width (Minimum) Corner Lot Flanking Road -- 8 m Rear Yard Depth (minimum) --14 m 1E1 77 Town of Heart 's Delight-Islington Development Regulations 2015 SCHEDULE C -- RURAL Lot Coverage (maximum) all buildings combined-- 33% Height (maximum) -- 10 metres CONDITIONS 1. Development Approvals All development in this zone shall be approved by the Service NL, Department of Environment and Conservation and the Department of Natural Resources, and other agencies or departments as required, before a permit is issued by the Town. 2. General Industry and Light Industry General and Light Industrial uses shall be restricted to the maintenance and repair of equipment, processing and storage related to agriculture, forestry or mineral working uses, or to uses meeting the following criteria: a) unsuitable for location near urban development because they interfere with the amenity and use of adjacent lands by reason of appearance, noise, vibration, smell, fumes, smoke, grit, soot, ash, dust or glare; b) operations of a manufacturing or assembly nature or activities which require large areas for open storage and handling of materials, goods, and equipment and whose buildings are accessory to the open storage and handling; c) capable of being serviced by on-site water supply and sanitary sewage disposal; d) capable of being screened from public roads and lands designated for urban uses; e) generating low volumes of traffic; and f) capable of operations with no deleterious effect on the environment including, quality of water in any stream, pond or bog. No warehousing or wholesale and retail sales activities shall be permitted. MM. 78 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE C -- RURAL 3. Municipal Services Development in this Zone shall not be connected to the Town's water and sewer system. 4. Public Streets See Regulation 55. Backlot Development and Uses within the Non-Building Uses Group under Schedule B are not required to have frontage on a publicly owned and maintained street. 5. Single Dwelling/Subsidiary Apartment/Subsidiary Dwelling A single dwelling may only be permitted if the dwelling is accessory to an agricultural or forestry use. No subsidiary apartment or subsidiary dwelling may be permitted. 6. Transportation Transportation use is limited to uses requiring direct access to a body of water. 79 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE C -- ENVIRONMENTAL PROTECTION USE ZONE TABLE ENVIRONMENTAL PROTECTION (EP) ZONE PERMITTED USE CLASSES (see Regulation 104) Conservation, Recreational Open Space and Trails DISCRETIONARY USE CLASSES (see Regulations 24 and 105) Antenna, Transportation CONDITIONS All development in this zone is subject to the approval of the Department of Environment and Conservation where deemed necessary, along with the Town. Transportation uses are limited to uses requiring access to a body of water. 80 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE C - FLOODWAY USE ZONE TABLES FLOODWAY (F) ZONE PERMITTED USE CLASSES (see Regulation 104) Conservation, Recreational Open Space and Trails DISCRETIONARY USE CLASSES (see Regulations 24 and 105) Antenna, Transportation CONDITIONS 1. Approval of the Minister of Environment and Conservation Any development within this Zone is subject to the written approval of the Minister of Environment and Conservation under the Water Resources Act. 2. Hydraulic Structures Hydraulic structures are class of structures which includes most hydraulic structures such as dams, bridges, causeways, dykes, canals etc, are by their own needs and characteristics constructed in buffer zones and flood plains. However, every effort must be made to ensure that such structures do not adversely affect the capability of the body of water to convey flow. In the case of dams, new areas of flooding and the impact of that flooding must be fully assessed by the proponent. 3. Structures A structure in this Zone can only be permitted where: a) the ground floor elevation of the structure is higher than the 1 in 100 year flood level; b) the structure will not interfere with the flow of water or displace water such that it creates a worse flooding situation for other properties; c) the structure and the associated utilities have been designed and constructed in accordance with the approved flood proofing guidelines of the Department of Environment and Conservation and entrances and exits from the building can be safely used without hindrance in the event of a flood; d) the proposed use of the facility and site will not involve any storage of 81 Town of Heart 's Delight-Islington Development Regulations 2015 SCHEDULE C - FLOODWAY pollutants such as fuels, chemicals, pesticides etc. Additional conditions may be set out for specific projects and included in a permit issued under section 48 of the Water Resources Act 4. Additions and Modifications to Existing Development Additions, modifications, enhancements and improvements to existing structures where there is an increase in the floor area within this Zone, will be assessed for its impacts on the flood plain before a permit is issued. as. im- 82 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE C -- PUBLIC WATER SUPPLY a PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE PERMITTED USE CLASSES (see Regulation 104) Conservation DISCRETIONARY USE CLASSES (see Regulations 24 and 105) Antenna, Recreational Open Space and Trails, Utilities 1. General Conditions and Referrals In addition to any other approvals or requirements by the Town, all development in this zone shall be subject to the approval of the Minister of Environment and Conservation. Conditions 1, 2, 3, 4, and 5 are based upon Department of Environment and Conservation Policy Directive W.R. 95-01 - Water Resources Division as modified. (1) Existing resource development and other activities will be allowed to continue unless it is established that these are impairing water quality or have potential to impair water quality. (2) The Minister of Environment and Conservation may require proponents of existing activities, which have potential to impair water quality, to obtain his/her approval. (3) No development shall be carried out in a designated area except in accordance with this policy. (4) No person shall carry out any development in a designated area without obtaining prior approval in writing from the Minister. 2. Activities Not Permitted in a Designated Area Although they may be associated with any one of the Permitted or Discretionary Uses under any one of the Zone overlays, the following activities shall not be permitted in the Protected Public Water Supply: 83 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE C -- PUBLIC WATER SUPPLY (a) placing, depositing or discharging or permitting the placing, depositing or discharging into a body of water any sewage, refuse, chemicals, municipal and industrial wastes or any other material which impairs or has potential to impair water quality; (b) using an intake, pond, lake or specified buffer zones for any activity detrimental to water quality, and not permitted in the Environment Act; (c) using ice covered water body for transporting logs or wood, riding skidoos/motor vehicles/all terrain vehicles, leading of animals, or any other activity, including littering, which impairs or has potential to impair water quality; (d) using or operating existing facilities in such a manner that impairs or has potential to impair water quality; (e) storage and disposal of pesticides and manure, application of manure and chemicals in specified buffer zones, extensive land clearing, and peat land drainage without adequate treatment; (f) application of herbicides in the right-of-way, and use of chemically treated utility poles and other related structures; and, (g) any other storage or disposal facilities that the Minister of Environment and Conservation considers environmentally unacceptable. 3. Activities Regulated in a Designated Area Subject to the other provisions of these Regulations, in this zone no person shall undertake any of the following activities without obtaining prior written approval from the Minister of Environment and Conservation and a permit from the Town: (a) expansion and upgrading of the existing activities, operations or facilities; (b) land clearing or drainage, construction of access roads, servicing of lands for subsequent use, or extension and upgrading of existing buildings or facilities; (c) installation of storm or sanitary sewer pipelines, pipelines for transmission of water for hydroelectric generation, agriculture uses, or any other purposes; Ina 84 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE C -- PUBLIC WATER SUPPLY (d) construction of roads, bridges, culverts, and other stream crossings, and installation of power and telecommunication transmission lines; (e) modification to intake structures, pump house, reservoir; and (f) any other development or activity which, in the opinion of the Minister of Environment and Conservation, has caused impairment or has potential to impair water quality. 4. Approval Process (1) The proponent shall submit a detailed development plan along with maps, drawings and specifications and other information as required by the Town and the Minister of Environment and Conservation for approval. (2) The Minister of Environment and Conservation may, on the recommendation of his/her officials, issue a certificate of approval for the proposed development on such terms and conditions as the Minister considers necessary to protect water quality. (3) The proponent shall obtain separate approvals from the Minister of Environment and Conservation for all permanent or temporary stream crossings or for alteration to bodies of water that may be necessary to carry out the approved development. (4) The proponent shall also obtain licences, permits or approvals under other Acts and Regulations, including the Development Regulations as required prior to commencing the approved work. (5) The proponent of the approved development shall notify the Town by providing a copy of the approval issued under this policy before commencing the work. (6) The proponent shall maintain adequate liaison and consultation with the person or authority responsible for the operation and maintenance of the waterworks during the implementation and operation of the approved work. (7) The Minister of Environment and Conservation may require the inspection of the approved development from time to time by his/her officials to ensure that the development is carried out in an environmentally 85 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE C -- PUBLIC WATER SUPPLY acceptable manner and the proponent is complying with the terms and conditions of the approval. (8) The Minister of Environment and Conservation may require a proponent to monitor water quality according to a monitoring program approved by the Minister in order to evaluate the impact of the approved development on public water supply. 5. Buffer Zones The proponents shall provide the following widths of buffer zones along and around water bodies from the high water mark in a designated area: Water Body Width of Buffer Zones Intake pond or lake a minimum of 150 metres River intake a minimum of 150 metres for a distance of one kilometre upstream and 100 metres downstream Main river channel a minimum of 75 metres Major tributaries, lakes or ponds a minimum of 50 metres Other water bodies a minimum of 30 metres No development activity shall be permitted in buffer zones except those that are intended to promote vegetation. 6. Forestry Approvals for woodcutting or other forestry related activities within this zone must be obtained from the provincial Department of Natural Resources - Forest Management Unit. 86 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE D -- OFFSTREET LOADING AND PARKING SCHEDULE D - OFFSTREET LOADING AND PARKING REQUIREMENTS 1. Off-Street Loading Requirements (1) Where the Town deems necessary, for every building, structure or use to be erected, enlarged or established requiring the shipping, loading or unloading of animals, goods, wares or merchandise, there shall be provided and maintained for the premises loading facilities on land that is not part of a street comprised of one or more loading spaces, 15 m long, 4 m wide, and having a vertical clearance of at least 4 m with direct access to a street or with access by a driveway of a minimum width of 6 m to a street. (2) The number of loading spaces to be provided shall be determined by the Town. (3) The loading facilities required by this Regulation shall be so arranged that vehicles can manoeuvre clear of any street and so that it is not necessary for any vehicle to reverse onto or from a street. 2. Parking Area Standards (1) For every building, structure or use to be erected, enlarged or established, there shall be provided and maintained a quantity of off-street parking spaces sufficient to ensure that the flow of traffic on adjacent streets is not impeded by the on-street parking of vehicles associated with that building, structure or use. -- (2) The number of parking spaces to be provided for any building, structure, use of occupancy shall conform to the standards set out in Schedule D, except as otherwise modified by Schedule C, of these Regulations. (3) Each parking space, except in the case of single or duplex dwellings, shall be made accessible by means of a hard surfaced right-of-way at least 3 m in width. Parking required in a Residential Zone shall be provided on the same lot as the dwelling or dwellings. Parking space for apartments shall be provided in the rear yard where possible. In a Non-Residential Zone, parking spaces shall be provided within the limits of the zone in which the use is situated and not more than 200 m distant from the use concerned. 87 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE D -- OFFSTREET LOADING AND PARKING The parking facilities required by this Regulation shall, except in the case of single or attached dwellings, be arranged so that it is not necessary for any vehicle to reverse onto or from a street. Where, in these Regulations, parking facilities for more than four vehicles are required or permitted, with parking perpendicular to the curb the minimum dimensions shall be as follows: (a) parking stall width 2.75 metres (b) parking stall length or depth 5.80 metres (c) aisle width, parking stalls across from each other 7.30 metres (d) aisle width, other obstruction 7.30 metres (e) driveway width 7.00 metres. Where the parking stall is horizontal to the curb, the minimum length of the stall shall be 7.00 metres, and the minimum aisle width (if applicable) shall be at least 4 metres, more if deemed necessary by the Town. However, For any other parking lot configuration, the requirements shall as be as specified by the Town, but in no instance shall the requirements be less than that specified for perpendicular parking spaces. (6) Other requirements for parking areas are as follows: (a) the parking area shall be constructed and maintained to the specifications of the Town; (b) the lights used for illumination of the parking area shall be so arranged as to divert the light away from adjacent development; (c) a structure, not more than 3 m in height and more than 5 m2 in area may be erected in the parking area for the use of attendants in the area; (d) except in zones in which a service station is a permitted use, no gasoline pump or other service station equipment shall be located or maintained on a parking area; (e) no part of any off-street parking area shall be closer than 1.5 m to the front lot line in any zone; (f) access to parking areas in non-residential zones shall not be by way of residential zones; (g) where a parking area is in or abuts a residential zone, a natural or structural barrier at least 1 m in height shall be erected and maintained along all lot lines; 88 .118, .10 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE D -- OFFSTREET LOADING AND PARKING (h) where, in the opinion of the Town, strict application of the above parking requirements is impractical or undesirable, the Town may as a condition of a permit require the developer to pay a service levy in accordance with these Regulations in lieu of the provision of a parking area, and the full amount of the levy charged shall be used by the Town for the provision and upkeep of alternative parking facilities within the general vicinity of the development. 3. Parking Requirements (1) The off-street parking requirements for uses in the various use classes set out in Schedule B shall be as set out in the following table, except as otherwise set out in Schedule C In case of developments including uses in more than one class, these standards shall be regarded as cumulative. (2) Adequate off-street provision for drop-off and pick-up of persons shall be provided in developments where required, such as uses within the education, passenger assembly, child care, medical treatment and special care, commercial-residential and take-out food service classes. CLASS MINIMUM OFF-STREET PARKING REQUIREMENT Theatre One space for every 5 seats. Cultural and Civic One space for every 50 square metres of gross floor areas. General Assembly One space for every 10 square metres of gross floor area. Educational Schools - 2 spaces for every classroom. Further education - 1 space for every 5 persons using the facilities (students, faculty and staff). Place of Worship One space for every 5 seats. Passenger Assembly As specified by the Town. Club and Lodge One space for every 3 persons that may be accommodated at one time. Catering One space for every 3 customers that may be accommodated at one time. Funeral Home One space for every 10 square metres of gross floor area. Child Care One space for every 20 square metres of gross floor area 89 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE D -- OFFSTREET LOADING AND PARKING CLASS MINIMUM OFF-STREET PARKING REQUIREMENT Amusement One space for every 10 square metres of gross floor area. Outdoor Assembly As.specified by the Town Campground As specified by the Town. Penal and Correctional Detention As specified by the Town. Medical Treatment and Special Care Once space per 20 square metres of suite or ward area Single Dwelling Two spaces for every dwelling unit. Double Dwelling Two spaces for every dwelling unit. Row Dwelling Two spaces for every dwelling unit. Apartment Building Three spaces for every two dwelling units. Collective Residential As specified by the Town. Boarding House Residential and/or Bed and Breakfast As specified by the Town. Commercial Residential One space for every guest room. Seasonal Residential One space per dwelling unit. Mobile Homes Two spaces for every dwelling unit. Office One space for every 20 m2 of gross floor area. Medical and Professional One space for every 20 m2 of gross floor area. Personal Service One space for every 20 m2 of gross floor area. General Service One space for every 20 m2 of gross floor area. Communications As specified by the Town. Police Station As specified by the Town. Taxi Stand As specified by the Town. Take-out Food Service One space for every 20 m2 of gross floor area. Veterinary One space for every 20 m4 of gross floor area. Shopping Centre One space for every 15 m2 of gross floor area. Shop One space for every 20 m2 of gross floor area. Indoor Market As specified by the Town. Outdoor Market As specified by the Town. Convenience Store One space for every 20 m2 of gross floor area. Hazardous Industry As specified by the Town, but not less than one space per 100 m2 of gross floor area or 10 parking spaces, whichever is greater. Ws. ---- an. 90 Town of Heart's Delight-Islington Development Regulations 2015 SCHEDULE D -- OFFSTREET LOADING AND PARKING CLASS MINIMUM OFF-STREET PARKING REQUIREMENT General Industry As specified by the Town, but not less than one space per 100 m2 of gross floor area or 10 parking spaces, whichever is greater. Service Station One space for every 20 m2 of gross floor area. Light Industry As specified by the Town, but not less than one space per 50 m2 of gross floor area or 5 parking spaces, whichever is greater. Agriculture Not specified. Forestry Not specified. Mineral Working Not specified. Mining Not specified. Recreational Open Space Not specified. Conservation Not specified. Cemetery Not specified. Scrap Yard Not specified. Solid Waste Not specified. Animal Not specified. Antenna Not specified. Transportation As determined by the Town, taking into consideration associated uses, such as boat repairs, and other facilities and services. Marina As determined by the Town, taking into consideration associated uses, such as boat repairs, and other facilities and services. at +Mr 91