Holyrood, Newfoundland and Labrador
· adopted 2015-02-27
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TABLE OF CONTENTS
Regulation
Page #
APPLICATION
1.
Short Title ...................................................................................................................................................... 1
2.
Interpretation ................................................................................................................................................. 1
3.
Commencement .............................................................................................................................................. 1
4.
Municipal Code and Regulations ................................................................................................................... 1
5.
Authority ....................................................................................................................................................... 1
PART I - GENERAL REGULATIONS
6.
Compliance with Regulations ....................................................................................................................... 2
7.
Permit Required ............................................................................................................................................. 2
8.
Permit to be Issued ........................................................................................................................................ 2
9.
Permit Not to be Issued in Certain Cases ...................................................................................................... 2
10.
Discretionary Powers of Authority ............................................................................................................... 3
11.
Variances ....................................................................................................................................................... 3
12.
Notice of Variance ........................................................................................................................................ 4
13.
Service Levy .................................................................................................................................................. 4
14.
Financial Guarantees by Developer .............................................................................................................. 5
15.
Dedication of Land for Public Uses .............................................................................................................. 6
16.
Reinstatement of Land .................................................................................................................................. 6
17.
Form of Application ...................................................................................................................................... 6
18.
Register of Application ................................................................................................................................. 7
TABLE OF CONTENTS
19.
Deferment of Application .............................................................................................................................. 7
20.
Approval in Principle .................................................................................................................................... 7
21.
Development Permit ...................................................................................................................................... 8
22.
Reasons for Refusing Permit ......................................................................................................................... 9
23.
Notice of Right to Appeal ............................................................................................................................. 10
24.
Appeal Requirements .................................................................................................................................... 10
25.
Approval Registration ................................................................................................................................... 11
26.
Development Prohibited ................................................................................................................................ 11
27.
Appeal Board ................................................................................................................................................ 12
28.
Appeals .......................................................................................................................................................... 12
29.
Hearing Notice and Meetings ........................................................................................................................ 14
30.
Hearing of Evidence .................................................................................................................................... 14
31.
Return of Appeal Fee .................................................................................................................................. 15
32.
Notice of Application .................................................................................................................................... 15
33.
Right of Entry .............................................................................................................................................. 15
34.
Record of Violations ................................................................................................................................... 16
35.
Stop Work Order and Prosecution .............................................................................................................. 16
36.
Delegation of Power .................................................................................................................................... 16
PART II - GENERAL DEVELOPMENT STANDARDS
37.
Accesses and Service Streets ....................................................................................................................... 17
38.
Accessory Buildings ................................................................................................................................... 17
39.
Advertisements ............................................................................................................................................ 17
40.
Buffer Strips ................................................................................................................................................ 18
TABLE OF CONTENTS
41.
Building Height ........................................................................................................................................... 18
42.
Building Line and Setback .......................................................................................................................... 18
43.
Family and Group Care Centres .................................................................................................................. 19
44.
Height Exceptions ....................................................................................................................................... 19
45.
Livestock Structures and Uses .................................................................................................................... 19
46.
Lot Area ...................................................................................................................................................... 20
47.
Lot Area and Size Exceptions ..................................................................................................................... 20
48.
Lot Frontage ................................................................................................................................................ 21
49.
Non-Conforming Uses ................................................................................................................................ 21
50.
Offensive and Dangerous Uses ................................................................................................................... 23
51.
Off-street Parking Requirements ................................................................................................................. 23
52.
Off-street Loading Requirements ................................................................................................................. 25
53.
Parks and Playgrounds and Conservation Uses .......................................................................................... 25
54.
Screening and Landscaping ......................................................................................................................... 25
55.
Services and Public Utilities ....................................................................................................................... 26
56.
Service Stations ........................................................................................................................................... 26
57.
Sideyards ..................................................................................................................................................... 26
58.
Street Construction Standards ..................................................................................................................... 27
59.
Subsidiary Apartments ................................................................................................................................ 27
60.
Unsubdivided Land ..................................................................................................................................... 27
61.
Zero Lot Line and Other Comprehensive Development ............................................................................. 27
PART III - ADVERTISEMENTS
62.
Permit Required ........................................................................................................................................... 28
TABLE OF CONTENTS
63.
Form of Application .................................................................................................................................... 28
64.
Advertisements Prohibited in Street Reservation ........................................................................................ 28
65.
Permit Valid for Limited Period .................................................................................................................... 28
66.
Removal of Advertisements ........................................................................................................................ 28
67.
Advertisements Exempt from Control ......................................................................................................... 29
68.
Approval Subject to Conditions .................................................................................................................. 30
69.
Non-Conforming Uses ................................................................................................................................ 30
PART IV - SUBDIVISION OF LAND
70.
Permit Required ........................................................................................................................................... 30
71.
Services to be Provided ............................................................................................................................... 30
72.
Payment of Service Levies and Other Charges ........................................................................................... 31
73.
Issue of Permit Subject to Considerations ................................................................................................... 31
74.
Building Permits Required ........................................................................................................................... 32
75.
Form of Application .................................................................................................................................... 32
76.
Subdivision Subject to Zoning .................................................................................................................... 32
77.
Building Lines ............................................................................................................................................. 32
78.
Land for Public Open Space ....................................................................................................................... 32
79.
Structure in Street Reservation .................................................................................................................... 34
80.
Subdivision Design Standards ..................................................................................................................... 34
81.
Engineer to Design Works and Certify Construction Layout ..................................................................... 36
82.
Developer to Pay Engineer's Fees and Charges .......................................................................................... 36
83.
Street Works May be Deferred .................................................................................................................... 36
84.
Transfer of Streets and Utilities to Authority .............................................................................................. 37
TABLE OF CONTENTS
85.
Restriction on Sale of Lots .......................................................................................................................... 38
86.
Grouping of Dwellings and Landscaping .................................................................................................... 38
PART V - USE ZONES
87.
Use Zones .................................................................................................................................................... 39
88.
Use Classes .................................................................................................................................................. 39
89.
Permitted Uses ............................................................................................................................................. 39
90.
Discretionary Uses ...................................................................................................................................... 40
91.
Uses Not Permitted ...................................................................................................................................... 41
SCHEDULES
SCHEDULE A: Definitions
SCHEDULE B: Classification of Uses of Land and Buildings
SCHEDULE C: Use Zone Tables
SCHEDULE D: Off-Street Parking Requirements
SCHEDULE E: Land Use Zoning Maps
Application
Page 1
TOWN OF HOLYROOD MUNICIPAL PLAN
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Holyrood 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 which 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 Holyrood 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. 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 Holyrood, shall, under these
Regulations apply to the entire Planning Area.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Holyrood.
Part I - General Regulations
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PART I - GENERAL REGULATIONS
6. Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance with
these Regulations.
7. 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 Authority.
8. Permit to be Issued
Subject to Regulations 9 and 10, a permit shall be issued for development within the
Planning Area that conforms to:
(a)
the general development standards set out in Part II of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards,
requirements, and conditions prescribed in Schedule C of these Regulations for
the use zone in which the proposed development is located;
(b)
the standards set out in the Building Code and/or other ancillary codes, and any
Building Regulations, Waste Disposal Regulations, and/or any other municipal
regulation in force in the Planning Area regulating or controlling development,
conservation and use of land and buildings;
(c)
the standards set out in Part III of these Regulations in the case of advertisement;
(d)
the standards set out in Part IV of these Regulations in the case of subdivision;
(e)
the standards of design and appearance established by the Authority.
Part I - General Regulations
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9. 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 Authority, it is premature by reason of the site
lacking adequate road access, power, 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 Authority and such cost shall attach to and upon the property in respect of which it
is imposed.
10. Discretionary Powers of Authority
(1)
In considering an application for a permit or for approval in principle to carry out
development, the Authority 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
Authority 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.
(2)
An authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the authority's
regulations as discretionary, permitted or prohibited uses for that area
11. Variances
(1)
Where an approval or permit cannot be given by the Authority because a
proposed development does not comply with development standards set out in
development regulations, the Authority may, in its discretion, vary the applicable
development standards to a maximum of 10% if, in the authority's opinion,
compliance with the development standards would prejudice the proper
Part I - General Regulations
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development of the land, building or structure in question or would be contrary to
public interest.
(2)
The Authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
would have a cumulative effect that is greater than a 10% variance even though
the individual variances are separately no more than 10%.
(3)
The Authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing
development.
12. Notice of Variance
Where the Authority is to consider a proposed variance, the Authority shall give written
notice of the proposed variance from development standards to all persons whose land is
in the immediate vicinity of the land that is the subject of the variance, and allow a
minimum period of 7 days for response.
13. Service Levy
(1)
The Authority 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 Authority 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 Authority and for uses that are
Part I - General Regulations
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permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefited by the public works related to all the
real property so benefited; and,
(b)
the density of development made capable or increased by the public work.
(4)
The Authority may require a service levy to be paid by the owner of the real
property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real property commences;
(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
14. Financial Guarantees by Developer
(1)
The Authority 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 Authority, or;
(b)
a guarantee by a bank, or other institution acceptable to the Minister, for
expenditures by the developer, or;
(c)
a performance bond provided by an insurance company or a bank, or;
(d)
an annual contribution to a sinking fund held by the Authority, or;
(f)
another form of financial guarantee that the Authority may approve.
Part I - General Regulations
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6
15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, the Authority
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 Authority in
accordance with the provisions of the Act.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Authority 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
Authority and shall put the site in a clean and sanitary condition to the satisfaction of the
Authority.
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 Authority
on such form as may be prescribed by the Authority, and every application shall
include such plans, specifications and drawings as the Authority may require, and
be accompanied by the permit fee required by the Authority.
(2)
The Authority shall supply to every applicant a copy of the application forms
referred to in Regulation 17(1) and a description of the plans, specifications and
drawings required to be provided with the application and any information or
requirements applicable to the application.
18. Register of Application
The Authority shall keep a public register of all applications for development, and shall
Part I - General Regulations
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enter therein the Authority's decision upon each application and the result of any appeal
from that decision.
19. Deferment of Application
(1)
The Authority 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 Authority and on which a decision has not been com-
municated to the applicant within eight weeks of the receipt thereof by the
Authority, 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 Authority may grant approval in principle for the erection, alteration or
conversion of a building if, after considering an application for approval in
principle made under these Regulations, it is satisfied that the proposed develop-
ment is, subject to the approval of detailed plans, in compliance with these
Regulations.
(2)
Where approval in principle is granted under this Regulation, it shall be subject to
the subsequent approval by the Authority 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.
21. Development Permit
(1)
A plan or drawing which has been approved by the Authority and which bears a
Part I - General Regulations
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8
mark and/or signature indicating such approval together with a permit shall be
deemed to be permission to develop land in accordance with these Regulations
but such permission shall not relieve the applicant from full responsibility for
obtaining permits or approvals under any other regulation or statute prior to
commencing the development; from having the work carried out in accordance
with these Regulations or any other regulations or statutes; and from compliance
with all conditions imposed thereunder.
(2)
The Authority may attach to a permit or to approval in principle such conditions
as it deems fit in order to ensure that the proposed development will be in
accordance with the purposes and intent of these Regulations.
(3)
Where the Authority deems necessary, permits may be issued on a temporary
basis for a period not exceeding two years, which may be extended in writing by
the Authority for further periods not exceeding two years.
(4)
A permit is valid for such period, not in excess of two years, as may be stated
therein, and if the development has not commenced, the permit may be renewed
for a further period not in excess of one year, but a permit shall not be renewed
more than once, except in the case of a permit for an advertisement, which may be
renewed in accordance with Part III of these Regulations.
(5)
The approval of any application and plans or drawings or the issue of a permit
shall not prevent the Authority from thereafter requiring the correction of errors,
or from ordering the cessation, removal of, or remedial work on any development
being carried out in the event that the same is in violation of this or any other
regulations or statute.
(6)
The Authority 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
Part I - General Regulations
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issued in error or was issued on the basis of incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter or thing in
being done for which a permit has been issued, a copy of the permit and any
plans, drawings or specifications on which the issue of the permit was based
during the whole progress of the work, or the doing of the matter or thing until
completion.
22. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit,
state the reasons for so doing.
23. Notice of Right to Appeal
Where the Authority makes a decision that may be appealed under section 42 of the Act,
the Authority shall, in writing, at the time of making that decision, notify the person to
whom the decision applies of the:
(a) person''s right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
24. Appeal Requirements
(1)
The secretary of the Appeal Board at the Department of Municipal and Provincial
Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700, St.
Part I - General Regulations
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John''s, Nfld., A1B 4J6 is the secretary to all Appeal Boards in the province and
an appeal filed with that secretary within the time period referred to in subsection
42(4) of the Act shall be considered to have been filed with the appropriate
Appeal Board.
(2)
The fee required under section 44 of the Act shall be paid to the Appeal Board
that hears the decision being appealed by filing it with the secretary referred to in
subsection (1) or (2) within the 14 days referred to in subsection 42(4) of the Act.
(3)
The Appeal Board that hears the decision being appealed shall, subject to
subsection 44(3) of the Act, retain the fee paid to the Appeal Board.
(4)
Where an appeal of a decision and the required fee is not received by an Appeal
Board in accordance with this section and Part VI of the Act, the right to appeal
that decision shall be considered to have been forfeited.
25. Appeal Registration
(1)
Upon receipt of an appeal and fee as required under the Act and these regulations,
the secretary of the Appeal Board as referred to in subsections 24(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the Appeal Board shall
notify the Authority of the appeal and shall provide to the Authority a copy of the
appeal and the documentation related to the appeal.
(3)
Where the Authority has been notified of an appeal that Authority shall within
one week of notification forward to the appropriate board a copy of the
application being appealed, all correspondence, council minutes, plans and other
relevant information relating to the appeal including the names and addresses of
the applicant and other interested persons of whom the authority has knowledge.
Part I - General Regulations
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(4)
Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate authority, a
notice that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2
weeks before the date upon which the appeal is to be heard by the board.
26. Development Prohibited
(1)
Immediately upon notice of the registration of an appeal the Authority shall
ensure that any development upon the property that is the subject of the appeal
ceases.
(2)
Sections 102 and 104 of the Act apply to the Authority acting under subsection
(1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, the Authority shall not carry out work related
to the matter being appealed.
27. Appeal Board
(1)
The minister may, by order, establish an Appeal Board and shall assign to the
Appeal Board a specific area of the province over which it shall have jurisdiction,
as outlined in section 40, of the Act.
28. Appeals
(1)
A person or an association of persons aggrieved of a decision that, under the
regulations, may be appealed, may appeal that decision to the appropriate Appeal
Board where the decision is with respect to
(a) an application to undertake a development;
Part I - General Regulations
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(b) a revocation of an approval or a permit to undertake a development;
(c) the issuance of a stop work order; and
(d) a decision permitted under the Act or another Act to be appealed to the board.
(2)
A decision of the Authority to adopt, approve or proceed with a municipal plan, a
scheme, development regulations and amendments and revisions of them is final
and not subject to an appeal.
(3)
An Appeal Board shall not make a decision that does not comply with the
municipal plan, a scheme and development regulations that apply to the matter
being appealed.
(4)
An appeal shall be filed with the Appeal Board not more than 14 days after the
person who made the original application appealed from has received the decision
being appealed.
(5)
An appeal shall be made in writing and shall include
(a) a summary of the decision appealed from;
(b) the grounds for the appeal; and
(c) the required fee.
(6)
A person or group of persons affected by the subject of an appeal or their
representatives may appear before an Appeal Board and make representations
concerning the matter under appeal.
(7)
An Appeal Board may inform itself of the subject matter of the appeal in the
manner it considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance with the
Act and the municipal plan, scheme and regulations that have been registered
Part I - General Regulations
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under section 24, of the Act, and having regard to the circumstances and merits of
the case.
(9)
A decision of the Appeal Board must comply with the plan, scheme or
development regulations that apply to the matter that has been appealed to that
board.
(10)
In determining an appeal, an Appeal Board may confirm, reverse or vary the
decision appealed from and may impose those conditions that the board considers
appropriate in the circumstances and may direct the Authority to carry out its
decision or make the necessary order to have its decision implemented.
(11)
Notwithstanding subsection (10), where the Authority may, in its discretion, make
a decision, an Appeal Board shall not make another decision that overrules the
discretionary decision.
(12)
The decision of a majority of the members of an Appeal Board present at the
hearing of an appeal shall be the decision of the Appeal Board.
(13)
An Appeal Board shall, in writing notify the appellant and the appropriate
Authority of the decision of the Appeal Board.
29. Hearing Notice and Meetings
(1)
An Appeal Board shall notify the appellant, applicant, authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal not
fewer than 7 days before the date scheduled for the hearing of the appeal.
(2)
An Appeal Board may meet as often as is necessary to conduct its work in an
expeditious manner.
Part II - General Development Standards
14
30. Hearing of Evidence
(1)
An Appeal Board shall meet at a place within the area under its jurisdiction and
the appellant and other persons notified under regulation 29(1) or their
representative may appear before the Appeal Board and make representations
with respect to the matter being appealed.
(2)
An Appeal Board shall hear an appeal in accordance with section 43 of the Act
and these regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be considered to have been provided in the same
manner as evidence directly provided at the hearing of the Appeal Board.
(4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
31. Return of Appeal Fee
Where an appeal made by an appellant under section 42 of the Act, is successful, an
amount of money equal to the fee paid by that appellant under regulation 24(2) shall be
paid to him or her by the Authority.
32. Notice of Application
The Authority may, and when a variance is necessary under Regulation 11 and the
Authority wishes to consider whether to authorize such a variance, when a change in
nonconforming use is to be considered under Regulation 49, or when the development
proposed is listed as a discretionary use in Schedule C of the Regulations shall, at the
expense of the applicant, give notice of an application for a permit or for approval in
Part II - General Development Standards
15
principle, by public advertisement in a newspaper circulating in the area or by any other
means deemed necessary, and under Regulation 12 and the Authority shall give written
notice of the proposed variance from development standards to all persons whose land is
in the immediate vicinity of the land that is the subject of the variance, and allow a
minimum period of 7 days for response.
33. Right of Entry
The Authority, the Director, or any inspector 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 Authority is empowered to regulate.
34. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to
his knowledge and report that violation to the Authority.
35. Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, the Authority may order that person to stop the development or work
connected therewith pending final adjudication in any prosecution arising out of
the development.
(2)
A person who does not comply with an order made under Regulation 35(1) is
guilty of an offence under the provisions of the Act.
Part II - General Development Standards
16
36 Delegation of Powers
An authority shall, where designating employees to whom a power is to be delegated
under subsection 109(3) of the Act, make that designation in writing.
PART II - GENERAL DEVELOPMENT STANDARDS
37. Accesses and Service Streets
(1)
Access shall be located to the specification of the Authority so as to ensure the
greatest possible convenience and safety of the street system and the Authority
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 9 metres to the street line of any street
intersection.
38. Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the use of
the main buildings in character, use and size, and shall be contained on the same
lot.
(2)
No accessory building or part thereof shall project in front of any building line.
(3)
The sideyard requirements set out in the use zone tables in these Regulations shall
apply to accessory buildings wherever they are located on the lot.
Part II - General Development Standards
17
39. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part III of
these Regulations.
40. Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or
proposed residential area, or is separated from it by a road only, the owner of the site of
the industrial development shall provide a buffer strip not less than ten (10) metres wide
between any residential activity and the industrial area. The buffer shall include the
provision of such natural or structural barrier as may be required by the Authority and
shall be maintained by the owner or occupier to the satisfaction of the Authority.
41. Building Height
The Authority may permit the erection of buildings of a height greater than that specified
in Schedule C, but in such cases the building line setback and rearyard requirements shall
be varied as follows:
(1)
The building line setback shall be increased by 2 metres for every 1 metre
increase in height.
(2)
The rearyard shall not be less than the minimum building line setback calculated
as described in (1) above plus 6 metres.
42. Building Line and Setback
(1)
The Council, by resolution, may establish building lines on an existing 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 in Schedule
C of these Regulations.
Part II - General Development Standards
18
(2)
A building situated on a corner lot shall be required to observe the building line
setback set out in Schedule C of these Regulations on both the primary and
flanking (secondary) streets.
43. 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 Authority, the use of the dwelling does not materially
differ from, nor adversely affect, the amenities of the adjacent residences, or the
neighbourhood in which it is located. The Authority may require special access and
safety features to be provided for the occupants before occupancy is permitted.
44. 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 10% of the
permitted height of the structure shall only be authorized under the provisions of
Regulation 11.
45. Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be erected or
used unless it complies with the following requirements:
(a)
The structure shall be at least 600 m from a residence, (except a farm
residence or a residence which is a non-conforming use
Part II - General Development Standards
19
in any zone in which agriculture is a permitted use class in the Use Zone
Tables in Schedule C of these Regulations), and, from an area designated
for residential use in an approved Plan, and, from a Provincial or Federal
Park.
(b)
The structure shall be at least 60 m from the boundary of the property on
which it is to be erected.
(c)
The structure shall be at least 90 m from the centre line of a street.
(d)
The erection of the structure shall be approved by the Department of
Forest Resources & Agrifoods and the Department of Environment.
(2)
No development for residential use shall be permitted within 600 m of an existing
structure designed to contain more than five animal units unless the development
is first approved by the Department of Forest, Resources and Agrifoods.
46. 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.
47. Lot Area and Size Exceptions
Part II - General Development Standards
20
Where, at the time of coming into effect of these Regulations, one or more lots already
exist in any residential zone, with insufficient frontage or area to permit the owner or
purchaser of such a lot or lots to comply with the provisions of these Regulations, then
these Regulations shall not prevent the issuing of a permit by the Authority 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.
48. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these
Regulations, no residential or commercial building shall be erected unless the lot on
which it is situated fronts directly onto a street or forms part of a Comprehensive
Development Scheme.
49. Non-Conforming Use
(1)
Notwithstanding the Municipal Plan, scheme or regulations made under the
Urban and Rural Planning Act, 2000, the Authority 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 of this Pan and these Development Regulations under section 24 of
the Act, scheme or regulations made with respect to that kind of development or
use.
(2)
Notwithstanding subsection (1), a right to resume a discontinued non-conforming
use of land shall not exceed 12 months after that discontinuance.
Part II - General Development Standards
21
(3)
A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (1)
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Authority;
(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 Authority to a use that is, in the Authority's opinion, more
compatible with the plan and regulations applicable to it;
(e)
may have the existing building extended by approval of the Authority
where, in the Authority's opinion, the extension is not more than 50% of
the existing building;
(f)
where the non-conformance is with respect to the standards included in
these development regulations, shall not be expanded if the expansion
would increase the non-conformity;
(g)
where a building, structure or development does not meet the development
standards included in the development regulations, the building, structure
or development shall not be expanded if the expansion would increase the
non-conformity and an expansion must comply with the development
standards applicable to that building, structure or development.
(h)
where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with the municipal plan and regulations, be
repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed.
Part II - General Development Standards
22
Where considering a non conforming building, structure or development and
before making a decision to vary an existing use of that non-conforming building,
structure or development, the 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.
50. 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 Authority and any other authority having jurisdiction.
51. Offstreet Parking Requirements
(1)
For every building, structure or use to be erected, enlarged or established, there
shall be provided and maintained a quantity of off-street parking spaces sufficient
to ensure that the flow of traffic on adjacent streets is not impeded by the on-
street parking of vehicles associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Schedule D of these
Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings, shall be
made accessible by means of a hard surfaced right-of-way at least 3 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
Part II - General Development Standards
23
within the limits of the zone in which the use is situated and not more than 200 m
distance from the use concerned.
(4)
The parking facilities required by this Regulation shall, except in the case of
single or attached dwellings, be arranged so that it is not necessary for any vehicle
to reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted:
(a)
parking space shall mean an area of land, not less than 15 m² in size,
capable of being used for the parking of a vehicle without the need to
move other vehicles on adjacent areas;
(b)
the parking area shall be constructed and maintained to the specifications
of the Authority;
(c)
the lights used for illumination of the parking area shall be so arranged as
to divert the light away from adjacent development;
(d)
a structure, not more than 3 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;
(e)
except in zones in which a service station is a permitted use, no gasoline
pump or other service station equipment shall be located or maintained on
a parking area;
(f)
no part of any off-street parking area shall be closer than 1.5 m to the front
lot line in any zone;
(g)
access to parking areas in non-residential zones shall not be by way of
residential zones;
(h)
where a parking area is in or abuts a residential zone, a natural or
structural barrier at least 1 m in height shall be erected and maintained
along all lot lines;
(i)
where, in the opinion of the Authority, strict application of the above
parking requirements is impractical or undesirable, the Authority may as a
condition of a permit require the developer to pay a service levy in
Part II - General Development Standards
24
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 Author-
ity for the provision
and upkeep of alternative parking facilities within the general vicinity of
the development.
52. Off-Street Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or established
requiring the shipping, loading or unloading of animals, goods, wares or
merchandise, there shall be provided and maintained for the premises loading
facilities on land that is not part of a street comprised of one or more loading
spaces, 15 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
Authority.
(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.
53. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and
playgrounds are not located in areas which may be hazardous to their use and are not
operated for commercial purposes.
Part II - General Development Standards
25
54. Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the owner or
occupier to provide adequate and suitable landscaping or screening; and for this purpose
may require the submission of an application giving details of the landscaping or
screening, and these Regulations shall then apply to that application. The provision of
adequate and suitable landscaping or screening may be made a condition of any
development permit where, in the opinion of the Authority, the landscaping or screening
is desirable to preserve amenity, or protect the environment.
55. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the
provision of public services and public utilities if the use of that land is necessary to the
proper operation of the public service or public utility concerned provided that the design
and landscaping of any development of any land so used is, in the opinion of the
Authority, adequate to protect the character and appearance of the area.
56. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such purpose,
and to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and
where a service station is located on a corner lot, the minimum distance between
an access and the intersection of street lines at the junction shall be 10 metres and
the lot line between entrances shall be clearly indicated.
57. Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the exposed
Part II - General Development Standards
26
sides of every building in order to provide access for the maintenance of that building.
58. Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Authority.
59. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of
calculating lot area and yard requirements, shall be considered part of the self-contained
dwelling.
60. 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.
61. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which are
designed to form part of a zero lot line development or other comprehensive layout which
does not, with the exception of dwelling unit floor area, meet the requirements of the Use
Zone Table in Schedule C, provided that the dwellings are designed to provide both
privacy and reasonable access to natural daylight and the overall density within the
layout conforms to the regulations and standards set out in the Use Zone Table apply
where the layout adjoins other development.
Part II - General Development Standards
27
Part III - Advertisements
28
PART III - ADVERTISEMENTS
62. Permit Required
Subject to the provisions of Regulation 67, no advertisement shall be erected or displayed
in the Planning Area unless a permit for the advertisement is first obtained from the
Authority. Permit for erection or display of advertisement on Provincial Highways shall
be obtain from the Government Service Centre.
63. Form of Application
Application for a permit to erect or display an advertisement shall be made to the
authority in accordance with Regulation 17.
64. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any
highway or street reservation.
65. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement
shall be for a limited period, not exceeding two years, but may be renewed at the
discretion of the Authority for similar periods.
66. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the
removal of any advertisement which, in its opinion, is:
Part III - Advertisements
29
(a)
hazardous to road traffic by reason of its siting, colour, illumination, or structural
condition, or;
(b)
detrimental to the amenities of the surrounding area.
67. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Authority:
(a)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
0.2 m² in area;
(b)
on an agricultural holding or farm, a notice board not exceeding 1 m² in area and
relating to the operations being conducted on the land;
(c)
on 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;
(d)
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;
(e)
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding
0.2 m² in area in connection with the practice of a professional person carried on
in the premises;
(f)
on any site occupied by a church, school, library, art gallery, museum, institution
or cemetery, one notice board not exceeding 1 m² in area;
(g)
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;
(h)
on any parking lot directional signs and one sign not exceeding 1 m² in size,
identifying the parking lot.
68. Approval Subject to Conditions
Part IV - Subdivision of Land
30
A permit may only be issued for the erection or display of advertisements which comply
with the appropriate conditions and specifications set out in the Use Zone Tables in
Schedule C of these Regulations.
69. Non-Conforming Uses
Notwithstanding the provisions of Regulation 62, 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 Authority.
PART IV - SUBDIVISION OF LAND (See Also Subdivision Standards, Schedule F)
70. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of
the subdivision is first obtained from the Authority.
71. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Authority 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.
72. Payment of Service Levies and Other Charges
Part IV - Subdivision of Land
31
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 Authority for connection to services,
utilities and streets deemed necessary for the proper development of the subdivision, and
all service levies and other charges imposed under Regulations 13 and 14.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, 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 Authority shall,
without limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
(d)
the land use, physical form and character of adjacent developments;
(e)
the transportation network and traffic densities affecting the site;
(f)
the relationship of the project to existing or potential sources of nuisance;
(g)
soil and subsoil characteristics;
(h)
the topography of the site and its drainage;
(i)
natural features such as lakes, streams, topsoil, trees and shrubs;
(j)
prevailing winds;
(k)
visual quality;
(l)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
74. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building
Part IV - Subdivision of Land
32
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.
75. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in
accordance with Regulation 17.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
77. Building Lines
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines.
78. Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate to the
Authority, at no cost to the Authority, an area of land equivalent to not more than
10% of the gross area of the subdivision or 25 m² for every dwelling unit per-
mitted in the subdivision, whichever is the greater, for public open space,
provided that:
(a)
where land is subdivided for any purpose other than residential use, the
Authority shall determine the percentage of land to be dedicated;
(b)
if, in the opinion of the Authority, no public open space is required, the
Part IV - Subdivision of Land
33
land may be used for such other public use as the Authority 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 Authority but in any
case, the Authority shall not accept land which, in its opinion is incapable
of development for any purpose;
(d)
the Authority 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 Authority in accordance with Regulation 78(1)(d)
above, shall be reserved by the Authority 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 Authority and may be sold or leased by the Authority 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 Authority 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 Authority, constitute the requirement of land for public use under Regulation
78(1).
79. 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 Authority which shall be satisfied on the question of safe
Part IV - Subdivision of Land
34
construction and relationship to the adjoining buildings and other structures within the
street reservation.
80. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations
unless the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter of not less
than 30 m.
(c)
The maximum length of any cul de sac shall be:
(i)
200m in areas served by or planned to be served by municipal piped water
and sewer services, as shown in the map and letter of agreement signed by
the Municipality and the Minister of Municipal and Provincial Affairs in
connection with municipal five-year capital works program eligibility.
(ii)
300m in areas not served by or planned to be served by municipal piped
water and sewer services.
(d)
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.
(e)
No cul de sac shall be located so as to appear to terminate a collector street.
(f)
New subdivisions shall have street connections with an existing street or streets.
(g)
All street intersections shall be constructed within 5° of a right angle and this
alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(i)
No more than four streets shall join at any street intersection.
(j)
No residential street block shall be longer than 490 m between street intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with the
Engineering Design Guidelines for Subdivisions attached as Schedule F of these
Regulations.
Part IV - Subdivision of Land
35
(l)
No lot intended for residential purposes shall have a depth exceeding four times
the frontage.
(m)
Residential lots shall not be permitted which abut a local street at both front and
rear lot lines.
(n)
The Authority may require any existing natural, historical or architectural feature
or part thereof to be retained when a subdivision is developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
81. Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters and
catch basins and all other utilities deemed necessary by the Authority 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 Authority, be incorporated in the plan of subdivision.
(2)
Upon approval by the Authority 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 Authority to service the said area.
82. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority 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
Part IV - Subdivision of Land
36
Schedule of Fees recommended by the Association of Professional Engineers of
Newfoundland and in effect at the time the work is carried out.
83. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and
paving specified by the Authority as being necessary, may, at the Authority's discretion,
be deferred until a later stage of the work on the development of the subdivision but the
developer shall deposit with the Authority 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 Authority
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 Authority the
amount of the excess. If the contract price is less than the deposit, the Authority shall
refund the amount by which the deposit exceeds the contract price. Any amount so
deposited with the Authority 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.
84. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land and upon
request of the Authority, transfer to the Authority, at no cost to the Authority, 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 Authority for public uses as streets, or
other rights-of-way, or for other public use;
(b)
all services or public works including streets, water supply and distribution
and sanitary an storm drainage systems installed in the subdivision that are
Part IV - Subdivision of Land
37
normally owned and operated by the Authority.
(2)
Before the Authority 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 Authority 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 Authority.
85. 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 Authority 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.
86. 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 Authority, shall not be changed without
written application to and subsequent approval of the Authority.
Part V - Use Zones
38
PART V - USE ZONES
87. 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 87(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 Authority may in its discretion,
determine the standards, requirements and conditions which shall apply.
88. 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 Authority in accordance with the classification and
examples set out in Schedule B.
89. 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 Authority in that
Use Zone.
Part V - Use Zones
39
90. 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 Authority 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 Authority has
given notice of the application in accordance with Regulation 32 and has considered any
objections or representations which may have been received on the matter.
91. 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.