This is the exact embedded text of the captured official document.
Snapshot bc9561831a02 · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Town of Humber Arm South
Development Regulations ·
2021-2031
Prepared for the Town of Humber Arm South
by
Baird Planning Associates
John Baird, MCIP
December 2022
Urban and Rural Planning Act 2000
Resolution to Adopt
Town of Humber Arm South
Development Regulations, 2021 - 2031
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town
Council of Humber Arm South adopts the Humber Arm South Municipal Plan.
Adopted by the Town Council of Humber Arm South on the 13th day of September 2022.
Signed and sealed this 2 <is" day of De C em be r-
2022
Mayor:
(Council Seal)
Clerk:
Marion Evoy
Canadian Institute of Planners Certification
I certify that the attached Municipal Plan has been prepared in accordance with the
requ· ements of the Urban and Rural Planning Act 2000.
Jo
Urban and Rural Planning Act 2000
Resolution to Approve
Town of Humber Arm South
Development Regulations, 2021 - 2031
Under the authority of Section 16, Section 17, and Section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Humber Arm South
(a)
Adopted by the Humber Arm South Municipal Plan on the 13th day of September 2022.
(b) Gave notice of the adoption of the Humber Arm South Municipal Plan by advertisement:
-
Posted in the Town of Humber Arm South Newsletter on September 16, 2022.
-
Posted in the following locations on September 16, 2022: Katie's Convenience, Halfway
Point; Evoy's Convenience and Hillview Convenience, Benoit's Cove; Jay Bee's
Convenience, John's Beach; and Canada Post, Benoit's Cove and Frenchmen's Cove.
(c) Set the 25
th day of October 2022 at 3:00 p.m. for receipt of objections and other
representations for consideration by the Public Hearing Commissioner.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town
Council of Humber Arm South approves the Humber Arm South Municipal Plan.
SIGNED AND SEALED this _2$____ day of December 2022.
Mayor:
Clerk:
£;.~
ica Hllf-SMS
1Y\~- h
arion Evoy
~
Development Regulations
REGISTERED
Number 335-&o~'!> - Oooa
Date
2..t MA:JU:t\-\ Z-c7 ~
Signature ~
(Council Seal)
PART 1:
1. 1
1.2
1.3
1.4
1.5
1.6
PART 2:
PART 3:
3.1
3.2.
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24
3.25
3.26
3.27
3.28
3.29
TABLE OF CONTENTS
APPLICATION ........................................................................................................................... 1
Title .................................................................................................................................................. 1
lnterpretation ............................................................................................................................... 1
Commencement. ....................................................................................................................... 1
Municipal Regulations and Codes ................................................................................... 1
Council ........................................................................................................................................... 1
Provincial Development Regulations ............................................................................. 1
DEFINITIONS ............................................................................................................................ 3
GENERAL REGULATIONS ............................................................................................. 24
Compliance with Regulations ......................................................................................... 24
Permit Required ..................................................................................................................... 24
Permit to be Issued .............................................................................................................. 24
Permit Not to be Issued in Certain Cases ................................................................ 24
Discretionary Powers of Council ................................................................................... 24
Variances ................................................................................................ 25
Non-Conforming Uses ........................................................................................................ 26
Service Levy ............................................................................................................................ 27
Financial Guarantees by Developer ............................................................................ 27
Dedication of Land for Public Use ................................................................................ 28
Reinstatement of Land ....................................................................................................... 28
Form of Application .............................................................................................................. 28
Register of Applications ..................................................................................................... 28
Deferment of Application ................................................................................................... 28
Approval in Principle ............................................................................................................ 29
Development Permit ............................................................................................................ 29
Temporary Use ....................................................................................................................... 30
Permit Fees .............................................................................................................................. 31
Compliance with Government Policies and Regulations .................................. 31
Reasons for Refusing or Setting Conditions on a Permit... .............................. 31
Notice of Application ............................................................................................................ 31
Monitoring and Enforcement ........................................................................................... 32
Delegation of Powers .......................................................................................................... 32
Right of Entry ........................................................................................................................... 33
Record of Violations ............................................................................................................. 33
Stop Work Order and Prosecution ............................................................................... 33
Notice of Right to Appeal .................................................................................................. 33
Appeals ....................................................................................................................................... 33
Return of Appeal Fee .......................................................................................................... 33
PART 4:
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.17.
4.18
4.19
4.20
4.21
4.22
4.23
4.24
4.25
4.26
4.27
4.28
4.29
4.30
4.31
4.32
PART 5:
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
GENERAL DEVELOPMENT STANDARDS ........................................................... 34
Accesses and Service Streets ........................................................................................ 34
Access to Backland Areas ................................................................................................ 34
Archaeological Sites ............................................................................................................ 34
Residential Area Buffers .................................................................................................... 34
Fire Hydrant Buffers ............................................................................................................. 35
Watercourses and Wetlands ........................................................................................... 35
Building Lines and Setbacks ........................................................................................... 36
Multiple Uses on a Lot ........................................................................................................ 36
Main Buildings on a Lot. ..................................................................................................... 37
Lot Area ...................................................................................................................................... 37
Lot Area and Size Exceptions ........................................................................................ 37
Street Frontage ...................................................................................................................... 37
Offensive and Dangerous Uses ..................................................................................... 37
Screening and Landscaping ............................................................................................ 38
Public Utilities .......................................................................................................................... 38
Land Capability for Development. ................................................................................. 38
Unserviced Development .................................................................................................. 39
Preparing a Site for Development ................................................................................ 39
Soil and Gravel Removal Incidental to Site Development ............................... 39
Development on Steep Slopes ...................................................................................... 40
Street Construction Standards ....................................................................................... 40
Site Drainage ........................................................................................................................... 40
Sight Lines at Street and Driveway lntersections ................................................. 41
Forestry and Trees ............................................................................................................... 41
Coastal Areas .......................................................................................................................... 41
Exceptions to Height Standards .................................................................................... 42
Off-street Loading and Parking Requirements ...................................................... 42
Excavation and Infilling of Land and Water ............................................................. 42
Wildlife Habitat ........................................................................................................................ 42
Adaptive Re-use of Existing Buildings and Properties ............................................... 43
Provision for the Disabled and Elderly ...................................................................................... 43
Non-Domestic Water Use ..................................................................................................................... 43
SPECIFIC USE REGULATIONS .................................................................................. 44
Access Ramps and Deck .................................................................................................. 44
Accessory Buildings on Residential Lots .................................................................. 44
Accessory Uses ..................................................................................................................... 46
Agriculture - Commercial Livestock Facilities ........................................................ 46
Bed and Breakfasts (B&Bs) and Visitor Rental Dwellings ............................... 47
Campgrounds and Tourist Cottage Establishments ........................................... 4 7
Camper Trailers and Recreational Vehicles ........................................................... 49
Childcare Services ................................................................................................................ 49
Domestic Sawmill .................................................................................................................. 49
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
5.19
PART 6:
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.17
6.18
6.19
6.20
6.21
6.22
PART 7:
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
Energy Generation Facilities ........................................................................................... 50
Home Occupations ............................................................................................................... 50
Mineral and Petroleum Exploration .............................................................................. 51
Mineral Working ..................................................................................................................... 51
Residential Care .................................................................................................................... 54
Salvage Yards ......................................................................................................................... 54
Service Stations and General Garages ..................................................................... 54
Storage and Scrapping of Car Wrecks and Other Salvage Materials ....... 55
Tiny Houses ............................................................................................................................. 55
Trails ............................................................................................................................................ 55
SUBDIVISION OF LAND .................................................................................................. 56
Application ................................................................................................................................. 56
Subdivision Permit Required ........................................................................................... 56
Services to be Provided ..................................................................................................... 56
Payment of Service Levies and Other Charges .................................................... 56
Permit Subject to Considerations ................................................................................. 56
Unserviced Development .................................................................................................. 57
Building Permits Required ................................................................................................ 5 7
Form of Application .............................................................................................................. 57
Subdivision Subject to Zoning ........................................................................................ 58
Building Lines .......................................................................................................................... 58
Dedication of Land for Public Use ................................................................................ 58
Structure in Street Reservation ...................................................................................... 58
Subdivision Requirements ................................................................................................ 58
Access to Backland Areas ................................................................................................ 59
Subdivision Design Standards ....................................................................................... 59
Engineer to Design Works and Certify Construction Layout .......................... 60
Developer to Pay Engineer's Fees and Charges ................................................. 61
Street Works May Be Deferred ...................................................................................... 61
Transfer of Streets and Utilities to Council .............................................................. 61
Restriction on Sale of Lots ............................................................................................... 62
Grouping of Buildings and Landscaping ................................................................... 62
Provision for the Disabled and Elderly ...................................................................................... 62
SIGNS ......................................................................................................................................... 63
Intent ....................................................................................................... 63
Permit Required ...................................................................................... 63
Provincial Highway .................................................................................. 63
Form of Application ................................................................................. 63
Approval Subject to Conditions ............................................................... 63
Signs Prohibited in Street Reservation ................................................... 63
Sign Removal .......................................................................................... 63
Signs Exempt from Control ..................................................................... 64
General Sign Standards .......................................................................... 64
PART 8:
8. 1
8.2
8.3
8.4
8.5
8.6
PART 9:
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.9
9.10
USE ZONES ............................................................................................................................ 65
Use Zones ................................................................................................................................. 65
Map lnterpretation ................................................................................................................. 65
Use Classes ............................................................................................................................. 65
Permitted Uses ....................................................................................................................... 65
Discretionary Uses ............................................................................................................... 65
Prohibited Uses ...................................................................................................................... 66
USE ZONE TABLES ........................................................................................................... 67
Environmental Protection (EP) Zone .......................................................................... 68
Protected Water Supply (PWS) Zone ......................................................................... 70
Residential Medium Density (RMD) Zone ................................................................ 73
Future Residential Area (FRA) Zone .......................................................................... 78
Mixed Development (MD) Zone ..................................................................................... 79
Harbourside (HS) Zone ...................................................................................................... 85
Parks and Public Use (PPU) Zone ............................................................................... 87
Seasonal Residential (SR) Zone ................................................................................... 92
Rural Resource (RUR) Zone ........................................................................................... 94
APPENDIX A- LAND USE ZONING MAPS .................................................................................... 99
APPENDIX B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ................. 102
APPENDIX C - OFFSTREET LOADING AND PARKING REQUIREMENTS .............. 110
APPENDIX D - PROVINCIAL DEVELOPMENT REGULATIONS .................................... 114
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
PART 1: APPLICATION
1. 1
Title
These Regulations may be cited as the Humber Arm South Development Regulations.
1.2
Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to
them in Part 2.
(2)
Words and phrases not defined in Part 2 shall have the meanings that are commonly
assigned to them in the context in which they are used in the Regulations.
(3)
The boundaries of Use Zones in the Land Use Zoning Maps are general only and,
except where they coincide with roads, shorelines, or other prominent features, are not
intended to define exact limits.
1.3
Commencement
These Regulations came into effect throughout the Humber Arm South Municipal Planning
Area, hereinafter referred to as the Planning Area, on the date of publication of a notice to that
effect in the Newfoundland and Labrador Gazette.
1.4
Municipal Regulations and Codes
The building regulations and any other municipal regulations controlling the development,
conservation, and use of land shall under these Regulations apply to the entire Planning Area.
The National Building Code of Canada, the Fire Code of Canada, and all ancillary codes and
regulations, shall also apply to the entire Planning Area.
1.5
Council
In these Regulations, "Council" means the Municipal Council of the Town of Humber Arm South
having jurisdiction over the Humber Arm South Development Regulations.
1.6
Provincial Development Regulations
The Provincial Development Regulations, enacted under Section 36 of the Act, shall apply to
development within the Planning Area. Where there is conflict between these and the Humber
PART 1 - APPLICATION
1
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
Arm South Development Regulations, the Provincial Regulations shall prevail. The Provincial
Development Regulations are appended as Appendix D.
PART 1 - APPLICATION
2
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
PART 2: DEFINITIONS
GENERAL NOTE:
*A definition marked with one asterisk is also included in the Provincial Development
Regulations.
** A definition marked with two asterisks is also included in the Urban and Rural Planning Act,
2000.
*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:
(i)
a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for
domestic pets or radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks.
*ACCESSORY USE means a use that is subsidiary to a permitted or discretionary use and
that is customarily expected to occur with the permitted or discretionary use.
* ACT means, unless the context indicates otherwise, the Urban and Rural Planning Act 2000.
AGRICULTURE, CROP - See "CROP AGRICULTURE"
AGRICULTURE, LIVESTOCK- See "LIVESTOCK AGRICULTURE"
AMUSEMENT USE means the use of land or buildings for the playing of electronic,
mechanical, or other games and amusements including electronic games, slot machines
arcades and pool halls.
ANIMAL UNIT FOR COMMERCIAL AGRICULTURE means any one of the following animals
or groups of animals as specified by the Agriculture Lands Section (Department of Fisheries,
Forestry and Agriculture):
Type of
Average Weight
No. of Livestock
Livestock
per Animal (kg)
per Animal Unit
Dairy Cows
545-640
1
Heifers
300
2
Veal
91
5
Bulls
545
1
PART 2 - DEFINITIONS
3
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
Beef cows
360
2
Sows (F to F)
454
1
Sows
150
3
Hoqs
75
6
Boars
150
3
Sheep (ewe)
54
8
Sheep (lamb)
27
16
Goats
64
7
Foxes
11.35
40
Mink
3
150
Rabbits
2.27
200
Laying Hens
1.8
252
Broilers
.9
500
Pullets
1.3
350
Broiler turkey
6.5
70
Heavy turkey
7.5
60
Heavy toms
12
40
ANTENNA means a building, structure, mast, or antenna used to facilitate the receiving or
transmitting of radio, television, telephone, cellular, Internet, or satellite communications.
APARTMENT BUILDING means a residential building containing three or more dwelling units
but does not include a row dwelling as defined in these Regulations.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
*APPLICANT means a person who has applied to Council for a permit to carry out a
development.
APPROVAL IN PRINCIPLE means a preliminary approval of a development conditional upon
the submission of additional plans and details before a development approval or building permit
is issued.
ARTS AND CRAFTS STUDIO means a building or portion thereof used for the production,
display, instruction, or sale of arts or crafts, but which does not include any activity that might
be offensively dirty or noisy in its operation.
ARTERIAL STREET means a main traffic artery to and through the Planning Area. Route 450
(aka Bay of Islands North Highway) is the only arterial street in Humber Arm South.
*AUTHORITY means the Municipal Council of the Town of Humber Arm South.
BED AND BREAKFAST means an owner-occupied single dwelling, which includes guest
rooms for the accommodation of travellers.
PART 2 - DEFINITIONS
4
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
BOARDING HOUSE means a dwelling in which at least two (2) rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BOATHOUSE means a small building in a coastal (i.e., saltwater) location for storage of a
boat.
**BUILDING means:
(a)
a structure, erection, alteration, or improvement placed on, over or under land or
attached, anchored, or moored to land,
(b)
mobile structure, vehicle or marine vessel adapted or constructed for residential,
commercial, industrial, and other similar uses,
(c)
a part of and fixture on a building referred to in subparagraphs (a) and (b), and
(d)
an excavation of land whether or not that excavation is associated with the intended or
actual construction of a building or thing referred to in subparagraphs (a) to (c).
*BUILDING HEIGHT means the vertical distance, measured in metres, from the established
grade to:
(i)
(ii)
(iii)
the highest point of the roof surface of a flat roof,
the deck line of a mansard roof, and
the mean height level between eave and ridge of a gable, hip, or gambrel roof,
and in any case, a building height shall not include mechanical structure,
smokestacks, steeples, and purely ornamental structures above a roof.
·;r-------
--
Mansard Roof
-H~- .. -
---
--
--
.H..,...-- --
~~---
--
Gambrel Roof
-H-r ___ -
:i-~--
Gable Roof
*BUILDING LINE (See also SETBACK, FRONTYARD) means a line established by Council
that runs parallel to a street line and is set at the closest point to a street that building may be
placed.
PART 2 - DEFINITIONS
5
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
CAMPER TRAILER means any vehicle used for sleeping accommodation on a temporary
basis and so constructed as to be suitable for being attached to and drawn by a motor vehicle
and not used as a full-time residence.
CAMPGROUND means a contiguous parcel of land, managed as a unit, for the
accommodation of any combination of ten (10) or more recreational vehicles, travel trailers, or
tents used on a short term or seasonal basis, and where accessory uses may include an
administrative office, clubhouse, snack bar, laundry, convenience store, washroom, and
recreational area or facility.
CAR WRECK means a motor vehicle of any type that is disabled or non-operational, is no
longer licensed for road use, and/or has been parked or stored in the outdoors for longer than
six months.
CATERING means a building or part of a building where food is prepared and served within
the premises and includes a restaurant and coffee shop but does not include a take-out food
service or drinking establishment, which are defined separately.
CEMETERY means a facility or site reserved for the burial of the dead and may include a
mortuary and accessory maintenance facility.
CHILDCARE means a building or part of a building in which services and activities are regularly
provided to children of pre-school age during the full daytime period as defined under the Child
Care Act, but which does not include a school as defined under the Schools Act.
CLUB AND LODGE means land, a building, or part of a building used by a non-profit
association or organization for fraternal, social, recreational, or religious purposes.
COASTAL refers to land abutting marine or saltwater shorelines and excludes land abutting
freshwater shorelines.
COLLECTOR STREET means a street that links local streets with arterial streets or other
collector streets, and which is designated as a collector street in the Municipal Plan and shown
on the Future Land Use and Land Use Zoning Maps.
COMMERCIAL ACCOMMODATIONS means a building, or part thereof, used to provide short-
term accommodation for paying guests. Accommodation may be self-contained (with kitchen
and bathroom) or serviced (meals provided). Commercial accommodations may include a
hotel, motel, or inn, but not a bed and breakfast, visitor rental dwelling, tourist cottage
establishment, or campground, which are each defined separately.
COMMUNICATIONS means an establishment or facility in the field of communications,
including publishing companies, printing businesses, radio stations, television stations, and
telephone companies.
COMMUNITY GARDEN means a common outdoor space where residents grow and care for
vegetables and/or flowers for personal consumption or non-commercial purposes.
PART 2 - DEFINITIONS
6
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
CONSERVATION means a use of land that serves to protect, maintain, or improve an
environmental resource or feature.
CONSTRUCTION YARD means an area used for the storage of construction materials,
supplies, equipment, tools, stockpiles of construction materials and aggregates, and other
items including storage containers, construction trailers, and temporary office trailers.
CONVENIENCE STORE means a retail store that is compatible with a residential area, does
not exceed a floor area of two hundred square metres (200 m2 ) and has at least eighty percent
(80%) of the retail floor space devoted to the sale and display of groceries.
COUNCIL means the Council of the Town of Humber Arm South having jurisdiction of the
Humber Arm South Municipal Plan and Development Regulations.
CREMATORIUM means a building fitted for the cremation of human remains and includes
everything incidental and ancillary thereto.
CROP AGRICULTURE means a commercial crop operation, which may include:
(a) the clearing, draining, irrigating or cultivation of land for crop production,
(b) the production of field crops and greenhouse crops,
(c) the production of fruit and vegetables and other specialty horticultural crops,
(d) the operation of agricultural machinery and equipment,
(e) storage, use or disposal of organic wastes for farm purposes,
(f) the preparation of a non-livestock farm product for distribution from the farm gate,
including cleaning, grading, and packaging,
(g) the operation of pick-your-own farms, roadside stands, farm produce stands, and tourist
operations as part of a farm operation, or
(h) any other non-livestock agricultural activity or process prescribed by Provincial
regulation that is carried on for gain or reward or in the hope or expectation of gain or
reward.
CULTURAL AND CIVIC means land or a building used for a cultural or civic activity such as a
museum, art gallery, interpretation centre, cultural centre, outdoor interpretive or educational
display, or used for a government activity not otherwise defined in these Regulations.
DECK means a structure abutting a dwelling or other building that has no walls and is
constructed on piers or a foundation above-grade for use as an outdoor living area.
**DEVELOPMENT means the carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the use, or the
intensity of use of any land, buildings, or premises and includes:
(a)
the making of an access onto a highway, road, or way,
(b)
the erection of an advertisement or sign,
(c)
the construction of a building,
(d)
the parking of a trailer, or vehicle of any description used for the sale of refreshments or
merchandise, or as an office, or for living accommodation, for any period of time.
PART 2 - DEFINITIONS
7
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
and excludes:
(a)
the carrying out of works for the maintenance, improvement or other alteration or any
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building,
(b)
the carrying out by a highway authority of any works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the
road reservation,
(c)
the carrying out by any local authority or statutory undertakers of any works for the
purpose of inspecting, repairing, or renewing any sewers, mains, pipes, cables, or other
apparatus, including the breaking open of any street or other land for that purpose, and
(d)
the use of any building or land within the courtyard of a dwelling house for any purpose
incidental to the enjoyment of the dwelling house as such.
**DEVELOPMENT REGULATIONS means these regulations and regulations and by-laws
respecting development that have been enacted by Council.
*DISCRETIONARY USE means a use that is listed within the discretionary use classes
established in the use zone tables of Council's development regulations.
DISTANCE means the separation, measured on a horizontal plane, between a lot line, street
line, a watercourse, or other point specified in these Regulations and the nearest part of a
building, structure, excavation, or other use of land.
DOCK means a recreational wharf structure extending into a body of water, but does not
include a marina, marine facility, or slipway, which are each defined separately in these
Regulations.
DOMESTIC ANIMAL means any animal normally and customarily kept by domestic
households for pleasure and companionship, excluding horses, goats, sheep, pigs, poultry,
pheasants, and livestock.
DOMESTIC SAWMILL - See SAWMILL, DOMESTIC
DOUBLE DWELLING means a building containing two dwelling units, placed one above the
other (duplex), or side by side (semi-detached), but does not include a single dwelling
containing a subsidiary apartment.
DRAINAGE means the removal of surface or subsurface water by a channel, open ditch,
grassed waterway, or conservation structure.
DRINKING ESTABLISHMENT means a commercial operation, assembly hall, club, or
lounge in which the sale and consumption of liquor is licensed under the Liquor Control Act,
and in which meals and food may be served for consumption on the premises and
entertainment may be provided.
DRIVEWAY means a vehicular passageway having at least one end thereof connected to a
public street and providing ingress to and/or egress from a lot.
PART 2 - DEFINITIONS
8
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
DWELLING means a main building or portion thereof, which contains one or more dwelling
units.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used
or designed as the living quarters for one household.
EDUCATIONAL means an institution of learning that includes primary, elementary, junior high,
and senior high schools, public and colleges, universities, as well as buildings used for
temporary training activities.
EMERGENCY SERVICE means a fire station, police station, ambulance station, rescue centre,
or other facility for the provision of emergency services, including a related training facility.
ENERGY GENERATION FACILITY means a small-scale facility for the generation of
electricity.
ENGINEER means a professionally certified engineer who is employed or retained by Council
or is employed or retained by a developer in relation to a development that requires Council
approval.
ENTERTAINMENT means the internal use of a building for entertainment activities, and may
include a bowling alley, theatre, games arcade, poolroom, youth centre, or similar use.
*ESTABLISHED GRADE means:
(a)
where used in reference to a building, the average elevation of the finished surface of the
ground where it meets the exterior or the front of that building exclusive of any artificial
embankment or entrenchment, or
(b)
where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure exclusive of any
artificial embankment or entrenchment.
structure
height
,
_____ J ___ _
PART 2 - DEFINITIONS
9
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
EXCAVATION OF LAND means the removal of soil, gravel, or bedrock material to prepare a
site for development or to sell for off-site use.
EXISTING DWELLING means a dwelling unit that was in existence on the date that these
Development Regulations came into effect.
FENCE means a barrier, railing or other upright structure to mark a boundary, control access,
prevent escape, serve as a landscape feature, or provide some combination of all these
functions. The construction of a fence in Humber Arm South requires a development permit.
FISHERIES FACILITY means a facility near or abutting coastal water for a purpose related to
commercial fishing, aquaculture, or fish processing, including a wharf, gear shed, or slipway.
FISHING ENTERPRISE means a commercial fish harvesting operation licensed by Fisheries
and Oceans Canada.
*FLOOR AREA means the total area of all floors in a building measured to the outside face of
exterior walls.
FORESTRY means the growing and harvesting of trees and, without limiting the generality of
the foregoing, shall include cutting of fuelwood, sawlogs, Christmas trees, and other products.
FRONT LOT LINE (See LOT LINE, FRONT and STREET LINE)
*FRONTAGE (or LOT WIDTH) means the horizontal distance between side lot lines measured
at the building line.
FRONTYARD SETBACK- See "SETBACK, FRONTYARD"
FUNERAL HOME means the use of a building for the provision of funeral services, which may
include a facility to prepare human remains for interment and a chapel for commemorative
services but may not include a crematorium.
FUTURE STREET means a portion of land delineated on a development plan as a "Future
Street", which is to be used as a street at some date in the future and which the title of the land
will be vested with Council upon the completion of the development.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use to a
main building on the lot.
GARDEN CENTRE means the use of land, buildings, or structures or part thereof for the
purpose of growing and selling plants and garden equipment and supplies.
GENERAL ASSEMBLY means land or buildings used as gathering places for substantial
numbers of people and, without limiting the generality of the foregoing, includes auditoriums,
PART 2 - DEFINITIONS
10
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
convention centres, public and private halls, gymnasiums, bowling alleys, theatres, and similar
gathering places.
GENERAL GARAGE means land or a building used for the commercial repair, maintenance
and storage of motor vehicles and may include the sale of gasoline or diesel oil.
GENERAL INDUSTRY means the use of land or a building to store, assemble, alter, repair,
manufacture, fabricate, pack, can, prepare, break up, demolish, or treat any article, commodity,
or substance. "Industry" shall be construed accordingly.
GENERAL SERVICE means an outlet for servicing, repairing, installing, or renting things and
equipment, without limiting the generality of the foregoing, includes the following examples:
(a) radio, television, and computer service and repair shops
(b) locksmith shops
(c) small appliance service or repair shops
(d) household and carpenter tool service or repair shops
(e) tools and equipment rental shops
GRADE- See "ESTABLISHED GRADE".
GREENHOUSE means a building whose roof and sides are made largely of transparent or
translucent material for the cultivation of plants for subsequent sale, transplanting, or personal
use.
GROUP HOME means a residential care facility to accommodate no fewer than four (4) and
no more than six (6) persons, exclusive of support staff, in a home-like setting. Subject to the
size limitation, this definition includes, but is not limited to, facilities referred to as "group care
homes", "halfway houses", and "foster homes". Any home that provides care to three or less
persons is treated in these Regulations the same as any other private dwelling.
HABIT AT means an area where plants, animals, and other organisms live and find adequate
amounts of food, water, shelter, and space needed to sustain their populations. Specific
habitats of concern may include areas where species (e.g., geese, ducks, salmon) concentrate
at a vulnerable point in their life cycle or annual migration.
HAZARD LAND means land that poses a hazard or constraint to development such as
wetlands, organic soils, steep slopes, flood plains, contaminated soils, and landslide prone
areas.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes involving
the use of materials or processes, which because of their inherent characteristics constitute a
special fire, explosion, radiation, or other hazard.
HAZARDOUS USE means the use of land or buildings for any purpose that constitutes a
hazard by reason of fire, explosion, radiation, pollution, noxiousness, and risk to human health,
or other hazard.
PART 2 - DEFINITIONS
11
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
HEIGHT - See "BUILDING HEIGHT'.
HOME OCCUPATION means a secondary use of a residential property by a resident of the
property to conduct a gainful occupation or business activity.
HOME OFFICE means a secondary use of a dwelling or residential accessory building by an
occupant of the dwelling to conduct a gainful occupation or business activity with such
occupation or business activity being limited to office uses that do not involve visitation to the
site by clients, customers, or the general public.
HOTEL means a commercial establishment that consists of a building with three or more
attached sleeping units grouped under one roof designed to accommodate the traveling public,
which may or may not have restaurant, retail, and personal services.
INDOOR ASSEMBLY means land or a building used as a gathering place for sports-related
recreational activities and, without limiting the generality of the foregoing, includes arenas,
armories, and ice rinks.
INDOOR MARKET means the use of a building for the display and sale of goods and produce
by a number of retail enterprises.
INFILL DEVELOPMENT means development or redevelopment occurring on an infill lot.
INFILL LOT means vacant land along a built-up street that is suitable for further
construction or development.
INFILLING means the depositing of soil, gravel, or bedrock material to prepare a site for
development.
INSPECTOR means any person appointed or engaged as an Inspector by Council or by any
federal or provincial authority or the agent thereof.
KENNEL means any land, building, or structure where five (5) or more dogs, cats or other
domestic animals are boarded, bred, trained, and cared for, and may include a pet grooming
business, but does not include a veterinary clinic.
**LAND includes land covered by water, and buildings and structures on, over, or under the
soil and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY means the use of any land or buildings for any industrial use that can be
carried out without hazard, intrusion, or detriment to the amenity of the surrounding area by
reason of noise, vibration, smell, fumes, outdoor storage, waste accumulation, smoke, grit,
soot, ash, dust, glare, or appearance.
LIVESTOCK means any species of poultry, cattle, sheep, swine, goats, llamas, horses, or
other animals that are normally kept and raised on farms for producing food or other animal
derived products, riding (e.g., horses), boarding, breeding, or improving animal nutrition, for
PART 2 - DEFINITIONS
12
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
profit, personal use, or otherwise. Livestock does not include domestic animals as defined in
these Regulations.
LIVESTOCK AGRICULTURE means a commercial livestock operation, which may include:
(a) the clearing, draining, irrigating or cultivation of land for livestock grazing,
(b) the raising of livestock, including poultry,
(c) the raising of fur-bearing animals,
(d) the raising of bees,
(e) the production of eggs and dairy,
(f) the preparation of a livestock, poultry, or dairy product for distribution from the farm
gate, including cleaning, grading, and packaging,
(g) the on-farm processing of farm products for the purpose of preparing livestock, poultry,
or dairy products for wholesale or retail consumption,
(h) any other livestock activity or process prescribed by Provincial regulation that is carried
on for gain or reward or in the hope or expectation of gain or reward.
LIVESTOCK FACILITY means a building and/or outdoor confinement area used or intended
to be used to house or confine livestock, and includes a structure or area used or intended to
be used to store manure.
LOCAL STREET means a street designed primarily to provide access to adjoining land and
which is not designated as a collector street or arterial street in the Municipal Plan or on the
Zoning Map.
*LOT means a plot, tract, or parcel of land, which can be considered as a unit of land for a
particular use or building.
*LOT AREA means the total horizontal area within the boundary lines of the lot.
LOT, CORNER means a lot having two or more sides fronting onto two or more adjacent
streets.
*LOT COVERAGE means the combined area of all buildings on the lot measured at the level
of the lowest floor above the established grade and expressed as a percentage of the total
area of the lot.
PART 2 - DEFINITIONS
13
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
- ~
I
_ - .--t
-
-~
/
l?'operty
I
.-··
I :~
; ·-+--._: . h
J-.
I
I
.. - >
_,... .. -··
___ . ..---·- - r::::'
-
'
,tructural
-. --·-
footp<1nt
lol COVeflge (%) - 10_1a_
1 ._,
...
_. _, 1tru_c1_un,
_ 1_foo....:.
tp_rin-'-"~-l
total lot area
LOT LINE means a common boundary between a lot and an abutting lot or street.
LOT LINE, FRONT (also see STREET LINE) means the boundary between a lot and the street
on which a lot has its civic address.
~
YARD
(SETBACK)
SIDE
YARD
(SETBACK)
FRONT
YARD
(SETBACK)
STREET
C
LOT LINES ===;:,
C
BUILDABLE
AREA
. -·-·-· ..
I
I
..... -. - . -. -·
FRONT LOT LINE
REQUIRED
If YARD
BUILDING AREA
OR FOOTPRINT
BUILDING LINE
- ....-'-----
STREET R.O.W.
--- ·--·-- ---------
PART 2 - DEFINITIONS
14
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
LOT WIDTH (or FRONTAGE) means the horizontal distance between side lot lines measured
at the building line.
front yard
setb.ick
Ill .a
]
~
-.;
'
- ,,
-
.~
lronl lot line
lot width-+
I
~
C:
]
lot
:,
deplh
-0
~
l
rear lot I ine
MAIN BUILDING means the building or buildings in which the primary use(s) of a lot is located.
MAIN USE means the primary use for which a building, structure or lot is designed, arranged,
or intended, or for which a lot may be used under this regulation.
MARINA means a dock or basin together with associated facilities where slips, moorings,
supplies, repairs, storage, rentals, refueling, and other services available for boats and other
watercraft. Associated facilities may include boathouses, storage facilities, clubhouses, and
catering facilities.
MARINE FACILITY means a wharf or onshore facility located in the vicinity of coastal waters
for a purpose related to marine transportation, ship repair, refuelling, and other marine services.
MEDICAL SERVICE means a service provided by a physician, dentist or other health care
professional for consultation, diagnosis, and office treatment of humans. Without limiting the
generality of the foregoing, a medical service facility may include associated administrative
offices, waiting rooms, examination rooms, treatment rooms, laboratories, pharmacies, and
dispensaries, but shall not include accommodation for in-patient care or operating rooms.
MEDICAL TREATMENT means a building for the medical care, supervision, and skilled
nursing care of persons suffering from sickness, disease or injury, or for convalescent or
chronically ill persons.
MINERAL EXPLORATION means the searching for minerals or mineral occurrences, wherein,
for the purposes of these Regulations, it takes the form of a development that involves
appreciable soil disturbance, uses equipment other than hand tools, or involves the
construction of roads to access the exploration site.
MINERAL WORKING means the use of land for the surface extraction, processing, crushing,
and stockpiling of sand, gravel, clay, shale, bedrock, or other aggregates, and may include
PART 2 - DEFINITIONS
15
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
washing and blasting where permitted under Provincial regulation, along with associated
buildings and machinery.
MINI-HOME means a prefabricated single dwelling unit that complies with the National Building
Code, is designed to be used with or without a permanent foundation, has a width of less than
six (6) metres throughout its entire length exclusive of steps or porches, is not fitted with
facilities for towing or to which towing apparatus can be attached, and is capable of being
transported by means of a single trailer from the site of its construction without significant
alteration.
MINING means the use of land or buildings for the extraction of ores and/or salts.
MINISTER means the Minister responsible for the Urban and Rural Planning Act 2000 and the
Municipalities Act 1999.
MINOR WATERCOURSE means a watercourse that flows for only part of the year, such as
during snowmelt, spring runoff, rainstorms, and wet periods.
MOBILE VENDING FACILITY means a transient facility such as a trailer, hotdog stand, ice
cream cart, or tent that is used to display, store, or sell food, beverages, articles, or goods.
MOTEL means an establishment that serves the travelling public, which consists of one or
more buildings containing four or more attached accommodation units, which may or may not
have restaurant, retail, and personal services.
*NON-CONFORMING USE means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located, or which does not meet the
development standards for that use zone.
NOXIOUS USE means a use of land or a building which, from its nature or operation, creates
a nuisance, or is liable to become a nuisance, which is offensive or dangerous by reason of
noise, vibration, or emission of gas, fumes, dust, or objectionable odour.
NURSING HOME means a residential care facility licensed under Provincial legislation, which
provides long-term nursing and medical care.
OFFICE means a use providing for administrative, governmental, professional services and
general office functions, and includes accounting, bookkeeping, advertising, architectural,
engineering, planning and design, surveying, legal services, counseling, data processing,
telephone services, social services, public relations, consulting, realty offices and similar uses.
OFF-ROAD RECREATIONAL VEHICLE means a snowmobile or all-terrain vehicle used for
off-road travel and recreation.
OPEN SPACE means land set aside to preserve natural areas or to develop passive
recreational uses. Open space may include community gardens, woodlands, fields, walking
trails, passive recreational uses, and outdoor interpretation facilities. It may include minor
PART 2 - DEFINITIONS
16
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
structures such as viewing platforms, boardwalks, and outdoor toilets, but shall not include
larger buildings or structures such as tennis courts and parking lots. Neither shall it include a
multi-use trail that allows motorized recreational vehicles, which is covered in these
Regulations under the definition of "recreational open space."
OUTDOOR ASSEMBLY means land or outdoor facilities used as a gathering place for
substantial numbers of people and, without limiting the generality of the foregoing, includes
bleachers, grandstands, outdoor ice rinks, amusement parks, fair grounds, exhibition grounds,
drive-in theatres, and similar gathering places.
*OWNER means a person or an organization of persons owning or having the legal right to
use the land under consideration.
PARKING AREA means a designated area on a lot, other than a driveway, for off-street
parking of automobiles.
PARKING SPACE means a designated space in a parking area or a driveway adequate to
park one
automobile with room to open doors on both sides, together with related
maneuvering room and access to a public street.
PASSIVE RECREATIONAL USE means a recreation activity that does not require a
developed site. It includes such uses as walking, bicycling, and skiing trails, but does not
include sports fields, structures, or facilities to accommodate off-road recreational vehicles.
*PERMITTED USE means a use that is listed within the permitted use classes set out in the
use zone tables of Council's development regulations.
PERSONAL CARE HOME means a residential facility licensed under Provincial legislation that
provides lodging, meals, and a limited degree of personal care.
PERSONAL LIVESTOCK USE means the use of land, buildings, or structures for the limited
keeping of livestock animals for personal use.
PERSONAL SERVICE means a service oriented to the personal needs of persons, and without
limiting the generality of the foregoing, includes hairdressing shops, gyms, taxi stands,
computer services, hobby shops, and photo studios.
PETROLEUM EXPLORATION means the searching for petroleum or petroleum occurrences,
wherein, for the purposes of these Regulations, it takes the form of a development that involves
appreciable soil disturbance, uses equipment other than hand tools, or involves the
construction of roads to access the exploration site.
PETROLEUM EXTRACTION means the use of land or buildings for the extraction of petroleum
oil and/or natural gas.
PART 2 - DEFINITIONS
17
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
**PLANNING AREA means a municipal planning area established under Section 6 and 11 of
the Act. For the purpose of these Regulations, the Humber Arm South Planning Area coincides
with the Humber Arm South municipal boundaries.
PORTABLE SHELTER, for the purpose of these Regulations, means a collapsible structure,
covered with plastic or fabric, more than 30 square metres in floor area, and used as an
accessory building on a residential property. As per Regulation 5.2.2(d), a portable shelter
does not include a truck, bus, semi-trailer, freight container, or other vehicle body.
*PROHIBITED USE means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority specifies as not permitted
within a use zone.
PUBLIC BUILDING means a building is used for a public or non-profit purpose and without
limiting the generality of the foregoing, may include such a building such as a school, place of
worship, municipal facility, community centre, hospital, town hall, and government office.
PUBLIC RIGHT-OF-WAY means a route across privately or publicly owned land that may be
followed, but not deviated from, by members of the public.
*REARYARD DEPTH (also see SETBACK, REARYARD) means the distance between the
rear lot line and the rear wall of the main building on the lot.
RECREATIONAL OPEN SPACE means an outdoor recreational use designed and equipped
for the conduct of sports and/or leisure activities, and may include a park, playground, outdoor
skating rink, golf course, racing track, playing field, dog park, outdoor theatre, water slide, multi-
use trail, or similar outdoor facility.
RECREATIONAL VEHICLE means a motor vehicle with facilities for sleeping and eating used
for camping and recreational activities.
RECYCLING FACILITY means land or a building used to deposit, store, separate, clean, or
redistribute discarded materials such as drink containers, paper, glass, plastic, and cardboard.
RESIDENTIAL CARE means an accommodation facility or home providing for the care of
aged, sick, injured, or special needs persons, other than in a public hospital, and may include
a personal care home, nursing home, rest home, seniors home, or group home.
RESTAURANT means a building or part thereof, used or occupied for the purpose of serving
the public with meals or refreshments for consumption on the premises.
RETIREMENT HOME means a residential building or premises with self-contained dwelling
units designed for people who do not require a high level of assisted home care. Provision of
services such as snow clearing, grounds maintenance, and activity programs may be provided
but each dwelling unit has its own cooking and self-care facilities.
PART 2 - DEFINITIONS
18
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
ROW DWELLING (OR TOWNHOUSE) means a dwelling containing no less than three
dwelling units at ground level in one building, each unit separated vertically from the others and
with individual entrances directly from the outside.
SALVAGE YARD means land where old non-operational motor vehicles and other equipment
are disassembled or stored and second-hand goods such as automobile tires, building
materials, scrap metals and other salvage are collected to be sorted and resold.
SAWMILL, DOMESTIC means a sawmill licensed under the Forestry Act, which is approved
for personal and private (i.e., non-commercial) use only.
SEASONAL DWELLING means a single dwelling that is used primarily for recreational
purposes and is not inhabited on a full-time basis.
SENSITIVE AREA means an area that is easily disrupted by human activity, and may include
steep slopes, cliffs, watercourses, wetlands, riparian areas, springs, coastal features, wet and
unstable soils, unstable geology, and vulnerable or threatened flora or fauna.
SERVICE STATION means any land or building used for the sale of petroleum products,
automotive parts and accessories, and the repairing, washing, and polishing of motor vehicles.
SETBACK, FRONTY ARD means the distance between the "building line" as defined in these
regulations and the front street line of a lot.
SETBACK, REARY ARD means the distance between the rear lot line and the rear wall of the
main building on the lot.
SETBACK, SIDEYARD means the distance between the side lot line and the nearest sidewall
of a building on the lot.
IUUSTRATION Of YARDS AND YARD SETBACkS
fhf yard
rear
)',1111
'flb;K-k
PART 2 - DEFINITIONS
19
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
SHOP means a building or part thereof used for retail trade wherein the primary purpose is
the selling or offering for sale of goods, wares or merchandise by retail or the selling or
offering for sale of retail services but does not include an establishment wherein the primary
purpose is the serving of meals or refreshments, an amusement use, a general garage, or a
service station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated
parking, which is planned, developed, and designed as a unit.
*SIDEYARD DEPTH (Also see SETBACK, SIDEYARD) means the distance between the side
lot line and the nearest sidewall of a building on the lot.
*SIGN means a word, letter, model, placard, board, device, or representation whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as a
memorial, advertisements of local government, utilities and boarding or similar structures used
for the display of advertisements.
SIGHT TRIANGLE means a triangle-shaped portion of land established at a street intersection
in which nothing can be erected, placed, planted, or allowed to grow in such a manner as to
obstruct the sight distance of motorists entering or leaving the intersection. The triangular-
shaped portion of land is formed by the street lines and a line drawn from a point on one street
line to a point in the other street line.
Slr«.'el
I
E
\D l
~
~
oi
building
PART 2 - DEFINITIONS
20
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
SINGLE DWELLING means a free-standing dwelling, which is separate and detached from
other main buildings and consists of a constructed, prefabricated, or manufactured dwelling
unit, but does not include a mini-home or a mobile home.
SLIPWAY means a ramp on the shore by which boats can be launched or removed from the
water.
SLOPE means the rate of vertical change of the surface of the ground expressed as a
percentage and determined by dividing the change in vertical distance (rise) by the change in
horizontal distance (run).
Slope(%)= Rise (m) / Run (m)
.
.. ... . . . .. . .. . ... . ... -. -..
Run
Rise
STAGE means an elevated platform on the shore with working tables, sheds, etc., where fish
are landed and processed for salting and drying, and supplies are stored.
*STREET means a street, road, highway, or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency vehicles.
STREET FRONTAGE means the portion of a lot that fronts on or abuts a public street.
*STREET LINE (also see LOT LINE, FRONT) means the edge of a street reservation as
defined by Council. For individual lots it forms the boundary between the lot and the street.
STREET RESERVATION means the entire right-of-way in which a street or highway is located,
and which is public property owned by the Town of Humber Arm South or the Province.
STRUCTURE means anything constructed or erected with a fixed location on or below the
ground or attached to something having a fixed location on the ground, and includes buildings,
walls, fences, signs, billboards, utility poles, and similar items.
**SUBDIVISION means the dividing of land, whether in single or joint ownership, into two or
more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary
to a self-contained dwelling or other building.
PART 2- DEFINITIONS
21
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
SURFACE WATER means any flowing or standing water on the surface of the earth.
TAKE-OUT FOOD SERVICE means a building or part of a building in which meals and
refreshments are prepared and sold for consumption off the premises.
TEMPORARY USE means a use established for a limited duration with the intent to be
discontinued upon the expiration of the time period.
TINY HOUSE means a single dwelling unit with permanent provisions for living, sleeping,
eating, cooking and sanitation, which complies with the National Building Code, is built on a
permanent foundation, and is not fitted with facilities for towing or to which towing apparatus
can be attached.
TOURIST COTTAGE ESTABLISHMENT means a contiguous parcel of land, managed as a
unit, consisting of self-contained accommodation units used for short-term stays, and where
accessory uses could include an administrative office, clubhouse, snack bar, convenience
store, and recreational facilities.
TOWNHOUSE - See "ROW DWELLING"
TRANSPORTATION means transportation infrastructure such as airfields, streets, bridges,
culverts, and sidewalks, along with associated buildings and structures.
*USE means a building or activity situated on a lot or a development permitted on a lot.
*USE ZONE or ZONE means an area of land including buildings and water designated on the
Zoning Map to which the uses, standards and conditions of a particular use zone table apply.
UTILITY means a facility used to provide the public with electricity, heat, steam,
communications, water, sewage, waste disposal, recycling, or similar services.
*VARIANCE means a departure, to a maximum of 10 percent from the yard area, lot coverage,
setback, size, height, frontage, or any other numeric requirement of the applicable Use Zone
Table of these Development Regulations.
VEHICLE SALES means a building or an open area used for storage or display, for sales
purposes, of three (3) or more motor vehicles.
VETERINARY means an establishment used by veterinarians, or practitioners in related
specialties, for practicing veterinary medicine, where animals are admitted for examination or
treatment, and where limited laboratory and other diagnostic services may be offered but
excludes a kennel.
VISITOR RENTAL DWELLING means a single dwelling used for temporary rentals to the
travelling and vacationing public.
PART 2 - DEFINITIONS
22
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
WATER UTILITY means any infrastructure or facility used for water supply management and
operations such as intake pipes and filters, storage tanks, treatment plants, and pipelines.
WATERCOURSE means the full width and length, including the bed, banks, side and
shoreline, or other part, of a river, stream, spring, brook, lake, pond, reservoir, canal, estuary,
or other natural or artificial freshwater body or channel open to the atmosphere, the primary
function of which is the conveyance or containment of water, whether the flow is continuous or
not.
WATERSHED means the surface area contained within a topographical divide above a
specified point on a river, brook, stream, or other flowing body of water.
WETLAND means a land whose soil is saturated with moisture either permanently or
seasonally. Wetlands include swamps, marshes, bogs, fens, and shallow water, among others.
The water found in wetlands can be saltwater, freshwater, or brackish.
ZONE - See "USE ZONE"
*ZONING MAP means the map or maps attached to and forming part of the Regulations.
PART 2 - DEFINITIONS
23
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
PART 3: GENERAL REGULATIONS
3.1
Compliance with Regulations
No development shall be carried out within the Planning Area except in compliance with these
Regulations.
3.2.
Permit Required
Unless otherwise stated in these Regulations, no person shall undertake a development except
where Council has issued a permit for the development.
3.3
Permit to be Issued
Subject to Regulation 3.4 and Regulation 3.5, a permit shall be issued for a development
within the Planning Area that' conforms to all requirements of these Regulations, including:
(a)
Part 4 - General Development Standards
(b)
Part 5 - Specific Use Regulations
(c)
Part 6 - Subdivision of Land
(d)
Part 8- Use Zones
(e)
The use classes, standards, and conditions prescribed in Part 9 - Use Zone Tables for
the use zone in which the proposed development is located.
(f)
The National Building Code and other ancillary codes, waste disposal regulations, and
any other municipal regulation in force in the Planning Area regarding development,
conservation, and use of land and buildings.
(h)
Other standards of design and appearance as may be established by Council.
3.4
Permit Not to be Issued in Certain Cases
A development permit or approval in principle will not be issued for a development when, in the
opinion of Council, the development would be premature by reason of the site lacking adequate
road access, power, drainage, water supply, sanitary facilities, or being beyond the natural
development of the area at the time of application, except where the applicant contracts to pay
the full cost of construction of services deemed necessary by Council and such cost shall attach
to and upon the property in respect of which it is imposed.
3.5
Discretionary Powers of Council
(1)
In considering an application for a development permit or approval in principle, Council
shall consider the policies of the Municipal Plan and any further scheme, plan, or
regulations pursuant thereto, and shall assess:
(a)
the general appearance of the development,
(b)
the amenity of the surroundings and potential impacts on viewsheds,
PART 3-GENERAL REGULATIONS
24
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
(c)
the capacity of municipal water and sewer infrastructure to service the
development,
(d)
the capacity of the street network to handle the traffic load generated by the
development,
(e)
the availability of utilities,
(f)
public safety and convenience,
(g)
potential environmental effects
(h)
other considerations, which in its opinion, are material,
and notwithstanding the conformity of the application with these Regulations, Council
may, in its discretion, and as a result of its consideration of the matters set out in this
Regulation, approve with conditions or refuse the application.
(2)
Where Council receives an application for a discretionary use, it will give public notice
in accordance with Regulation 3.21 (4).
(3)
When approving a discretionary use, Council shall state in writing the basis for its
approval.
3.6
Variances
(Refer to Provincial Development Regulations, Section 12)
(1)
Where an approval or a permit cannot be given by Council because a proposed
development does not comply with development standards set out in these
Regulations, Council may, in its discretion, vary the applicable numeric development
standards in the applicable use zone table to a maximum of 10 percent if, in Council's
opinion, compliance with the development standards would prejudice the proper
development of the land, building or structure in question, or would be contrary to the
public interest.
(2)
Council shall not allow a variance from numerical development standards set out in a
use zone table if that variance, when considered together with other variances made or
to be made with respect to the same land, building or structure, would have a cumulative
effect that is greater than a 10 percent variance even though the individual variances
are separately not greater than 10 percent.
(3)
Council shall not permit a variance from the numeric development standards in a use
zone table where the proposed development would increase the non-conformity of an
existing development.
(4)
Where Council is to consider a proposed variance from a development standard in a
use zone table, in accordance with Regulation 3.21 (2), it will give written notice of the
proposed variance to all persons whose land, in the opinion of Council, may be affected.
At a minimum, this will include all land located within sixty (60) metres of the property
that is the subject of the variance. Where it deems necessary, Council may provide the
notice to a wider area.
PART 3-GENERAL REGULATIONS
25
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
3.7
Non-Conforming Uses
(Refer to Section 108(2) of the Urban and Rural Planning Act 2000 and Sections 14, 15,
and 16 of the Provincial Development Regulations)
(1)
Notwithstanding the Municipal Plan, a scheme, or regulations made under the Urban
and Rural Planning Act 2000, Council shall, in accordance with regulations made under
this Act, allow a development or use of land to continue in a manner that does not
conform with a regulation, scheme, or plan that applies to that land provided that the
non-conforming use legally existed before the registration under Section 24 of the Act
of the plan, scheme or regulations made with respect to that kind of development or
use.
(2)
Notwithstanding Paragraph (1 ), a right to resume a discontinued non-conforming use
of land shall not exceed one year after the discontinuance occurred. For the purpose of
this Regulation, discontinuance of a non-conforming use begins when any one of the
following conditions is met:
(a)
The building or use of land is clearly vacated,
(b)
The owner or tenant has ceased paying business taxes for that use, and
(c)
The owner or tenant has stated in writing that the use has ceased.
(3)
A non-conforming building, structure, or development under the Act, which is allowed
to continue under Paragraph (1 ):
(a)
shall not be internally or externally varied, extended, or expanded unless
otherwise approved by Council,
(b)
shall not be structurally modified except as required for the safety of the building,
structure, or development,
(c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50 percent or more of the value of that building, structure or
development has been destroyed, except as provided for in Paragraph (g)
below,
(d)
may have the existing use for that building, structure or development varied by
Council to a use that is, in Council's opinion, more compatible with the plan
and regulations applicable to it,
(e)
may have the existing building extended where, in Council's opinion that
extension is not more than 50 percent of the existing building,
(f)
where the non-conformance is with respect to the standards in these
Regulations, shall not be expanded if the expansion would increase the non-
conformity, and
(g)
where the building, structure, or development is primarily zoned and used for
residential purposes, may, in accordance with the appropriate plan and
regulations, be repaired or rebuilt where 50 percent or more of the value of that
building or structure is destroyed.
(4)
In accordance with Regulation 3.21(3) - Notice of Application, when considering an
application to vary an existing use of a non-conforming building, structure, or
development under Paragraph (3)(d), Council will, at the applicant's expense, provide
public notice of the application and shall consider any representations or objections
received in response to that advertisement.
PART 3 - GENERAL REGULATIONS
26
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
3.8
Service Levy
(1)
In accordance with Section 149(2) of the Municipalities Act, 1999, where Council carries
out a public work that enables a real property to be developed or developed to a higher
density, or enhances the value of a property, Council may charge a service levy on the
property.
(2)
The amount of a service levy shall be determined by Council, but shall not exceed the
cost, including finance charges, to Council of constructing or improving the public works
that are necessary for the real property to be developed in accordance with Council's
standards by Council and for uses that are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
The amount of real property benefitted by the public work related to all the real
property so benefitted; and,
(b)
The density of development made capable or increased by the public work.
(4)
Council may require a service levy to be paid by the owner of the property benefitted
and may specify the time for payment.
3.9
Financial Guarantees by Developer
(1)
Council may require a developer, before commencing a development, to make such
financial provisions and/or enter into such agreements as may be required to 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 Paragraph (1) may be made in the form of:
(a)
A cash deposit from the developer, to be held by Council,
(b)
A guarantee by a bank, or other institution acceptable to Council, for
expenditures by the developer,
(c)
A performance bond provided by an insurance company or a bank, or
(d)
An annual contribution to a sinking fund held by Council.
(3)
Mineral Workings
(a)
The developer of a mineral working use shall provide a financial guarantee in
the form of a performance bond or unconditional and irrevocable letter of credit
or other form acceptable to Council for an amount to cover the cost of restoring
or landscaping the site after the quarry operations have ended or the site is
abandoned by the applicant.
(b)
The financial guarantee shall be returned when the restoration has been carried
out or the development has been terminated in accordance with conditions
attached to the development permit.
PART 3 - GENERAL REGULATIONS
27
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
3.10 Dedication of Land for Public Use
Council may require the dedication of a percentage of the land area of any subdivision or other
development for public use, and such land will be conveyed to Council in accordance with
Section 37 of the Act.
Such land must be high quality land suitable for the intended public use and not land that
Council requires to be set aside from development for the purposes of stormwater drainage or
environmental protection.
3.11 Reinstatement of Land
Where the use of a site is discontinued, the intensity of its use is decreased, a development
permit has been revoked or has expired, or a temporary development permit has expired,
Council may order the developer, the occupier of the site, the owner, or all of them to reinstate
the site, remove all or any buildings or erections, cover or fill all wells or excavations, and close
all or any accesses, or do any or all of these things, as the case may be, and the developer,
occupier or owner shall carry out the order of Council and shall put the site in a clean and
sanitary condition to Council's satisfaction.
3.12 Form of Application
(1)
An application for a development permit or for approval in principle shall be made to
Council only by the owner or by a person authorized by the owner on such form as may
be prescribed by Council and every application shall include plans and an application
fee if required.
(2)
Council shall supply to each applicant a copy of the application form referred to in
Paragraph (1) and any available information relevant to the application.
3.13 Register of Applications
Council shall keep a public register of all development applications and shall enter therein
Council's decision upon each application and the result of any appeal from that decision.
3.14 Deferment of Application
(1)
Council may, with the written agreement of the applicant, defer consideration of an
application.
(2)
An application that was properly submitted in accordance with these Regulations, which
has not been determined by Council and on which a decision has not been com-
municated to the applicant within sixty (60) days of the application being received by
Council, shall be deemed to be refused.
PART 3-GENERAL REGULATIONS
28
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
3.15 Approval in Principle
( 1)
An application for an approval in principle for a subdivision or other form of development
will include a description of the site and the proposed development, including a
professionally prepared drawing, which:
(a)
Delineates the limits of land to be used for the proposed development,
(b)
Shows contours and significant natural features such as wetlands,
watercourses, drainage channels, and slopes that exceed 15 percent,
(c)
Shows existing streets, buildings, and land uses in the vicinity of the site,
(d)
Shows a conceptual layout of proposed streets, trails, and other major
components of the development, _and
(e)
Provides any additional information that may be requested by Council.
(2)
Council will not consider ar:i application for an approval in principle unless it includes a
full description of the site and proposed development in accordance with Paragraph (1 ).
(3)
Council may grant an approval in principle if it determines that the proposed develop-
ment complies generally with the intent and purposes of the Municipal Plan and these
Regulations. Council will attach to the approval in principle such conditions that it deems
necessary to ensure the proposed development will be in accordance with the Plan and
these Regulations. It will also outline such details that the applicant will be required to
address before a final development permit will be granted.
(4)
An approval in principle will be valid for a period of one (1) year and may be extended
for one (1) additional year, up to a maximum of two (2) years.
(5)
Where approval in principle is granted, approval of a final development permit will be
subject to the subsequent approval by Council of any details and conditions that were
outlined in the approval in principle.
(6)
Approval in principle will not constitute permission to commence development. No form
of development will commence until Council has issued a proper development permit.
(7)
Council may revoke approval in principle if it determines that the applicant has changed
the proposed development in a way that significantly alters the original intent of the
application or has not adequately addressed conditions or details stipulated in the
approval in principle.
(8)
A decision by Council on an application for an approval in principle can be appealed in
accordance with Section 42 of the Act.
3.16 Development Permit
(1)
A written development permit issued by Council or its designated staff will constitute
permission to develop in accordance with these Regulations, but such permission shall
not relieve the applicant from full responsibility to obtain all other permits or approvals
PART 3- GENERAL REGULATIONS
29
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
prior to commencement of development and to comply with all other regulations and
statutes during development.
(2)
Council may attach conditions to a development permit to ensure compliance with the
Municipal Plan and these Regulations, and the permit holder will be responsible for full
compliance with these conditions.
(3)
A development permit is valid for a specified period not to exceed one (1) year. If the
development has not commenced, the permit may be renewed at the discretion of
Council.
( 4)
The issuance of a development permit does not prevent Council from thereafter
requiring the correction of errors or ordering the termination of and remedial work on
any development being carried out that is in violation of the Municipal Plan or these
Regulations.
(5)
The approval of an application and associated plans and drawings shall not prevent
Council from thereafter requiring the correction of errors or from ordering the cessation,
removal of, or remedial work on any development in the event the same is in violation
of these Development Regulations or any other regulations or statute.
(6)
Council may revoke a permit:
(a)
for failure by the holder of the permit to comply with these Regulations or any
condition attached to the permit or approval in principle,
(b)
where Council determines that the permit holder has changed the proposed
development in a way that significantly alters the intent of the original
application, or
(c)
where the permit was issued in error or based on incorrect information.
(7)
No person shall change the application for which a development permit was issued
unless Council has issued written approval of the change.
(8)
A copy of the development permit, along with plans and specifications, shall be kept on
the site until the development is completed.
(9)
A decision by Council on an application for a development permit may be appealed in
accordance with Section 42 of the Act.
3.17 Temporary Use
At its discretion, Council may approve a temporary building, structure, or use of land for a
maximum to two (2) years subject to such conditions that it deems necessary.
PART 3 - GENERAL REGULATIONS
30
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
3.18 Permit Fees
Council may charge a fee for a development permit in accordance with a schedule of fees
adopted by Council.
3.19 Compliance with Government Policies and Regulations
(1)
If Council deems that a proposed development may be affected by a provincial or
federal policy or regulation, the applicant may be required to provide confirmation that
necessary government approvals have been obtained before Council will issue a
development permit.
(2)
If Council deems that a proposed development may trigger the requirements of the
Environmental Assessment Act, the proponent will be advised to consult with the
Department of Environment and Climate Change before Council will issue a
development permit.
(3)
If these Regulations are more stringent than a provincial or federal act of regulation,
these Regulations will apply.
3.20 Reasons for Refusing or Setting Conditions on a Permit
Council shall, when refusing to issue a permit or attaching conditions to a permit, state in writing
the reasons for so doing.
3.21 Notice of Application
(Refer to Provincial Development Regulations, Sections 13 & 15)
(1)
Notice of an application to Council shall, at the applicant's expense, be given when:
(a)
A variance is to be considered under Regulation 3.6 - Variances,
(b)
A change in a non-conforming use is to be considered under Regulation 3.7 -
Non-Conforming Uses,
(c)
A proposed discretionary use is to be considered in accordance with Regulation
8.5 - Discretionary Uses.
(d)
A proposed development is listed as a discretionary use in Part 9 - Use Zone
Tables, or
(e)
Council deems that the public should be notified.
(2)
Variance Application
In accordance with Regulation 3.6(4) of these Regulations and Section 13 of the
Provincial Development Regulations, notice of a variance application will be given
directly to persons who are likely to be affected and a minimum of ten (10) days from
the posting of the notice will be provided for persons to respond.
(3)
Application to Change a Non-Conforming Use
In accordance with Regulation 3.7(4) of these Regulations and Section 15 of the
Provincial Development Regulations, notice of an application to change a non-
PART 3 - GENERAL REGULATIONS
31
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
conforming use will be given directly to persons who are likely to be affected, and in
addition will be posted on one or more of the following: Council's newsletter, website or
social media page, the Community Channel, local bulletin boards, or by advertisement
in a newspaper circulating in the area. A minimum of ten (10) days from the posting of
the notice will be provided for persons to respond.
(4)
Discretionary Use Application
In accordance with Regulation 8.5 of these Regulations, notice of an application to
develop a discretionary use, or which otherwise requires Council's discretionary
approval, will be given directly to persons who are likely to be affected, and in addition
will be posted on one or more of the following: Council's newsletter, website or social
media page, the Community Channel, local bulletin boards, or by advertisement in a
newspaper circulating in the area. A minimum of ten (10) days from the posting of the
notice will be provided for persons to respond.
(5)
Discretionary Accessory Building Application
In accordance with Regulation 5.2.2(h), notice of an application for discretionary
approval of an accessory building will be given directly to persons who are likely to be
affected, and in addition posted on one or more of the following: Council's newsletter,
website or social media page, the Community Channel, local bulletin boards, or by
advertisement in a newspaper circulating in the area. A minimum of ten (10) days from
the posting of the notice will be provided for persons to respond.
(6)
Other Applications Public Should be Aware Of
For any other development that Council deems the public should be made aware, notice
of application will be given directly to persons who are likely to be affected, and in
addition will be posted on one or more of the following: Council's newsletter, website or
social media page, the Community Channel, local bulletin boards, or by advertisement
in a newspaper circulating in the area. A minimum of ten (10) days from the posting of
the notice will be provided for persons to respond.
3.22 Monitoring and Enforcement
(1)
Council will monitor land uses and development activities throughout the Planning Area
to ensure compliance with the Municipal Plan and Development Regulations.
(2)
Any land use or development that does not comply with the Municipal Plan and these
Development Regulations will be subject to a stop-work order or other such action
deemed necessary by Council to require compliance.
3.23 Delegation of Powers
(Refer to Provincial Development Regulations, Section 18)
In accordance with Section 109(2) of the Act, Council may, by resolution, delegate its authority
to administer these Regulations or part thereof to an employee or other agent of Council. When
delegating this authority, Council shall make that appointment in writing.
PART 3- GENERAL REGULATIONS
32
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
3.24 Right of Entry
Any official authorized by Council may enter upon land and may at all reasonable times enter
any development or building for the purpose of making inspections relative to the development.
3.25 Record of Violations
Every inspector shall keep a record of any violation of these Regulations and report that
violation to Council.
3.26 Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, Council may order that person to stop the development pending final
adjudication in any prosecution arising out of the development.
(2)
A person who does not comply with an order made under Paragraph (1) is guilty of an
offence under the provisions of the Act.
3.27 Notice of Right to Appeal
(Refer to Provincial Development Regulations, Section 5)
Where Council makes a decision that may be appealed under Section 42 of the Act, Council
shall, in writing, at the time of making that decision, notify the person to whom the decision
applies of the:
(a)
Person's right to appeal the decision to the appeal board,
(b)
Time by which an appeal is to be made,
(c)
Right of other interested persons to appeal the decision, and
(d)
Manner of making an appeal and the address for the filing of the appeal.
3.28 Appeals
(Refer to Provincial Development Regulations, Sections 6-11)
Sections 6 to 11 of the Provincial Regulations outline the regulations with respect to appeal
requirements, appeal registration, prohibition of development that is subject to an appeal,
notice of an appeal hearing, the appeal board's hearing of evidence, and its decisions.
3.29 Return of Appeal Fee
In accordance with Section 42(3) of the Act, where an appeal of a Council decision is
successful, an amount of money equal to the appeal fee paid by the appellant shall be paid to
the appellant by Council.
PART 3 - GENERAL REGULATIONS
33
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
PART 4: GENERAL DEVELOPMENT STANDARDS
4.1
Accesses and Service Streets
(1)
Every access to a street shall be located to the specification of Council to ensure the
safety and efficiency of the street system. Council may require the construction of a
service street to reduce the number of accesses to an arterial street.
(2)
No driveway or other access will be located closer than 10 metres from the street line
of any street intersection.
4.2
Access to Backland Areas
(Also refer to Regulation 6.14)
(1)
In order prevent the landlocking of suitable areas for future development, Council may
require developers to provide adequate street access via a minimum right-of-way to
adjoining backland areas. Depending on the development potential of the area to be
accessed, Council may require the right-of-way to be a minimum of 12.2 metres or 15.0
metres in width.
(2)
Council will ensure that appropriate street reservations are reserved along arterial,
collector and local streets to provide for future connections to backland areas with
development potential. The Land Use Zoning maps show access points where land
will be reserved to allow for future roads to provide access to undeveloped land.
4.3
Archaeological Sites
(1)
Archaeological sites are protected under the Historic Resources Act. No development,
excavation, or other disturbance of land will be permitted inside a buffer of 100 metres
of the perimeter of a known site without first notifying the Provincial Archaeology Office
so that necessary measures can be taken to ensure that the site is not disturbed or
destroyed.
(2)
If an archaeological site or artifact is discovered during development of a property, the
development shall stop and Council will consult with the Provincial Archaeology Office.
Development shall not proceed until the Provincial Archaeology Office has evaluated
the site or authorized the development to proceed.
4.4
Residential Area Buffers
Where a proposed industrial or commercial development abuts a residential area, Council may
require the industrial or commercial development to provide buffer strip not less than ten (10)
metres wide between any residential activity and the industrial/commercial area. Conversely,
Council may require a new residential development to provide a buffer strip of not less than ten
(10) metres.
PART 4-GENERAL DEVELOPMENT STANDARDS
34
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULA TlONS
The buffer shall include the provision of such natural or structural barrier as may be required
by Council and shall be maintained by the owner or occupier to the satisfaction of Council.
4.5
Fire Hydrant Buffers
No building, fence, hedge, or other structure will obstruct access to a fire hydrant from the
street, obstruct the visibility of a fire hydrant from the street, or protrude closer than 3.0 metres
to a fire hydrant.
4.6
Watercourses and Wetlands
(1)
Designated Watercourses and Wetlands
Designated watercourses include rivers, streams, lakes and ponds whose shoreline
areas are zoned Environmental Protection on the zoning maps. Generally, the zone
extends 15-30 metres from the ordinary high-water mark of the watercourse but may
extend farther where the adjoining land is environmentally sensitive, for example, where
shoreline embankments are steep or where the shore area abuts a wetland.
(2)
Other Watercourses and Wetlands
Other watercourses and wetlands, which are not located within the Environmental
Protection zone, are subject to the following:
(a)
No development will be permitted within 15 metres of the ordinary high-water
mark of a watercourse or within 15 metres of the edge of a wetland except for:
-
Reconstruction of a building or structure that was in existence on the date
that this Municipal Plan came into effect,
-
A building or structure associated with a public work, for example, a water
treatment facility, water main, or pump house,
-
An open space use such a trail, and
-
A transportation use (e.g., road, bridge, culvert), which by necessity must
cross a watercourse.
(b)
Notwithstanding paragraph (a), if a watercourse or wetland is deemed to be
minor (see definitions below), Council may permit a development subject to
conditions.
A minor watercourse is defined as a (i) drainage course that carries water only
during rain events or snowmelt, (ii) an intermittent stream that does not carry
significant spring runoff, or (iii) a stream that is not fish habitat.
A minor wetland is defined as a wetland less than one (1) hectare in area that
is not associated with a watercourse and is not deemed to be an environmentally
sensitive area.
(3)
Development Within a Body of Water
Council will not approve infilling or other development within a body of water or involving
alteration of a body of water unless the development or alteration has been approved
PART 4 - GENERALDEVELOPMENTSTANDARDS
35
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
or exempted by the Water Resources Management Division of the Department of
Environment and Climate Change and any other agency having jurisdiction.
(4)
Development in Shorewater Zones
Development in the vicinity of freshwater and coastal shorelines shall be carried out in
a manner that is in accordance with the Provincial Policy for Development in Shorewater
Zones and aims to minimize environmental impacts, protect natural features, and
preserve existing public accesses to and along the shoreline.
4. 7
Building Lines and Setbacks
(1)
Council, by resolution, may establish building lines on an existing or proposed street
and may require any new buildings to be located on those building lines, whether or not
such building lines conform to the standards set out in Part 9 of these Regulations.
(2)
A frontyard building line setback is measured from the street line.
(3)
Notwithstanding the minimum frontyard requirements set out in the Use Zone Tables in
Part 9, Council, at its discretion, may allow development to complement existing
building setbacks on adjoining properties.
(4)
The building line along a Provincial Highway shall not be less than that specified under
the provincial Building Near Highways Regulation. In Humber Arm South the highway
building line is 15 metres from the centreline along Route 450.
(5)
A sideyard setback shall be provided on the exposed sides of every building in order to
ensure safe distances between buildings on adjoining lots and provide access for
building maintenance. An exception may be made for an access ramp as noted in
Regulation 5.1.
4.8
Multiple Uses on a Lot
A multiple use occurs when two or more different use classes exist in a single building or on a
single lot.
(1)
Where a single lot contains more than one permitted use, each use shall conform to all
requirements in these Regulations that are applicable to that use.
(2)
A proposed new use on a multiple-use lot may not be permitted where Council deems
that the use might be incompatible with existing uses on or adjacent to the lot by reason
of safety, amenity, appearance, or nuisance.
PART 4 - GENERAL DEVELOPMENT ST AND ARDS
36
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
4.9
Main Buildings on a Lot
(1)
Except for a single dwelling, more than one main building may be permitted on a lot
provided that the requirements set out in the Use Zone Tables in Part 9 are satisfied.
(2)
No more than one single dwelling may be permitted on a lot except at the discretion of
Council.
(3)
Where more than one main building is developed on a lot, sufficient area shall be
reserved to satisfy the yard requirements and other allowances outlined in Part 9 for
the Use Zone in which the lot is located. These allowances shall be maintained when
the adjacent land is developed.
4.10 Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any portion
thereof or otherwise, so that any building or structure on such lot shall have a lot
coverage that exceeds, or a frontyard, rearyard, sideyard, frontage, or lot area that is
less than, that permitted for the zone where such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a frontyard,
sideyard, or rearyard, it shall continue to be so used regardless of any change in the
ownership of the lot or any part thereof and shall not be deemed to form part of an
adjacent lot for the purpose of computing the area thereof available for building
purposes.
4.11 Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist in
any residential zone with insufficient frontage or area to permit the owner or purchaser of such
a lot or lots to comply with the provisions of these Regulations, then these Regulations shall
not prevent the issuing of a permit by the Council for the erection of a dwelling thereon, provided
that the lot coverage and height are not greater than, and the yard setbacks and floor area are
not less than the standards set out in these Regulations.
4.12 Street Frontage
Except where provided for in Part 9 - Use Zone Tables, no building shall be erected on a lot
that does not front directly onto a public street.
4.13 Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive, or dangerous fumes,
smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any
nuisance that has an unpleasant effect on the senses unless its use is authorized by Council.
PART 4 - GENERAL DEVELOPMENT STANDARDS
37
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
4.14 Screening and Landscaping
(1)
Council may, in the case of existing unsightly development, order the owner or occupier
to provide adequate and suitable landscaping or screening; and for this purpose, may
require the submission of an application giving details of the landscaping or screening,
and these Regulations shall then apply to that application.
(2)
The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit where, in the opinion of Council, the landscaping
or screening is desirable to protect the environment, character, and appearance of the
area.
4.15 Public Utilities
In all zones except the Environmental Protection and Protected Water Supply zones, Council
will permit land to be used in conjunction with the provision of public utilities if it deems that the
use of that land is necessary to the proper operation of the utility concerned, provided that the
design, construction, landscaping, and operation of the service or utility, in the opinion of
Council, will be adequate to protect the environment, character, and appearance of the area.
In the Environmental Protection and Protected Water Supply zones, public utilities may be
permitted at Council's discretion provided there are no feasible alternative location for these
uses outside these zones.
4.16 Land Capability for Development
The following provisions will apply to all proposed land developments, ranging in scale from
individual lots to multi-lot developments.
(a)
When reviewing a development application, Council shall consider:
(i)
the capacity of municipal water and sewer infrastructure to service the
development,
(ii)
street capacity to handle anticipated traffic load,
(iii)
the capability of the site in terms of slope, soils, geology, water table, surface
and sub-surface drainage, and potential stormwater impacts on nearby
properties and watercourses, and
(iii)
other factors that Council deems to be relevant.
(b)
Before approving a development, if there are concerns or unanswered questions
regarding water and sewer capacity to service the development, the general biophysical
capability of the site, or potential for adverse drainage or stormwater impacts, Council
may require the development proposal to be reviewed by a certified engineer. The
review shall address all questions and potential concerns identified by Council.
(c)
An approval in principle or a permit to develop will not be granted when in Council's
opinion existing municipal infrastructure has inadequate capacity to service the
PART 4-GENERAL DEVELOPMENT STANDARDS
38
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
development or the clearing, excavation, and infilling of land, or other site developments
will result in unacceptable drainage, environmental, or aesthetic impacts.
4.17. Unserviced Development
Before approving a subdivision or building permit application in a location where municipal
water and/or sewer services cannot be provided, Council will ensure that the development
complies with all applicable Provincial regulations and requirements for unserviced
development including:
(a)
The "Groundwater Supply Assessment and Reporting Guidelines for Subdivisions
Serviced by Individual Private Wells"
(www.gov.nl.calmae/fileslwaterres-regulations-appforms-unserviced-subdivision-gw-
assessment-guidelines-dwh-revisions.pdf)
(b)
The Sanitation Regulations under the Public Health Act
(www.assembly.nl.callegislationlsrlregulationslrc960803.htm)
4.18 Preparing a Site for Development
(1)
No clearing of vegetation, excavation, or infilling of land to prepare a site for
development will be permitted until a development permit for the site has been
approved.
(2)
Vegetation clearing and site excavation and infilling will be limited to an extent that is
deemed by Council to be necessary to accommodate the development and
environmentally and aesthetically acceptable.
4.19 Soil and Gravel Removal Incidental to Site Development
(1)
If as part of site preparation for a new development, Council may approve limited
mineral working activity including excavation, removal and sale of sand, gravel, or other
aggregates. A quarry permit from the Mines Division of the Department of Industry,
Energy, and Technology may first be required before Council will issue a development
permit for the mineral working activity.
(2)
A development permit for incidental mineral working will be valid for the period of the
development or one year, whichever is less, and may be renewed annually at Council's
discretion.
(3)
The permit will specify that site excavation and aggregate removal will be limited to
what is necessary to suitably develop the site. If Council deems that a site excavation
and aggregate removal exceeds what is necessary, an immediate stop work order will
issued.
(4)
When the site work is completed, the area will be landscaped and drained to the
satisfaction of Council.
PART 4-GENERAL DEVELOPMENT STANDARDS
39
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULA TlONS
(5)
If the site work is to be extensive, Council may require the deposit of a surety in
accordance with Regulation 3.9(3), which will be returned to the developer upon
satisfactory completion of the work.
4.20 Development on Steep Slopes
(1)
Slopes Steeper than 20 Percent
No development other than a recreational use or public utility will be permitted on a
slope steeper than 20 precent. An application for such a development must include a
biophysical assessment to identify potential adverse impacts as well as necessary
measures to prevent or mitigate such impacts.
(2)
Slopes of 15 to 20 Percent
On slopes between 15 to 20 percent, development may be permitted at Council's
discretion subject to the following:
(i)
Council may require, at the applicant's expense, an assessment of the proposed
development by a certified planner, civil engineer, geotechnical engineer,
engineering technician, or similar professional.
(ii)
The assessment will evaluate the proposed site grading, landscaping, site
drainage, stormwater management, and the potential for the development to
cause erosion, siltation, and pollution of adjacent lands and watercourses.
(iii)
The assessment will recommend whether or not the development should be
approved.
(iv)
If approval is recommended, the assessment will recommend necessary
measures to prevent or mitigate predicted adverse impacts.
4.21 Street Construction Standards
A new street will be constructed in accordance with the design and construction specifications
set by Council.
4.22 Site Drainage
(1)
All developments must include measures satisfactory to Council to ensure drainage
from the site will not adversely affect adjacent and nearby lands, private properties,
and watercourses.
(2)
Connection of site drainage pipes and other infrastructure to the municipal sanitary
sewer system is strictly prohibited. Any person who is found to have undertaken such
an activity will be responsible for all costs associated with disconnecting from the
sanitary sewer, repairing any damage this has caused, and installing a proper site
drainage system as approved by Council.
PART 4 -GENERAL DEVELOPMENT STANDARDS
40
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
4.23 Sight Lines at Street and Driveway Intersections
So as not to create a safety hazard by obstructing the view of motorists and pedestrians,
(a)
Where an arterial or collector street intersects any other street, all land within a 15-
metre sight triangle from the point of intersection shall be kept free of shrubs, plants,
trees, fences, walls, buildings, or structures exceeding a height of 1.0 metre from the
street grade.
(b)
Where a local street intersects another local street, all occupied lands within an 8-metre
sight triangle from the point of intersection shall be kept free of shrubs, plants, trees,
fences, walls, buildings, or structures exceeding a height of 1.0 metre from the street
grade.
(c)
Where a residential driveway or other access intersects with a street, all land within a
6-metre sight triangle from the point of intersection shall be kept free of shrubs, plants,
fences, walls, buildings, or structures exceeding a height of 1.0 metres from the street
grade.
4.24 Forestry and Trees
Forestry uses including commercial and domestic timber harvesting are subject to approval of
Council and the Department of Fisheries, Forestry and Agriculture.
4.25 Coastal Areas
(1)
When reviewing development applications in coastal areas, Council will consider the
environmental suitability of the site regarding steepness of grades, soils, geology,
vegetation, and sensitive coastal features. It will also consider potential land and marine
based hazards.
(2)
Except for marine related uses, new development will not be permitted within 30 metres
of the marine shoreline or below an elevation of four (4.0) metres above mean sea level
unless it is demonstrated to Council's satisfaction that the development will not be
damaged by a flood or storm event or will not adversely affect sensitive coastal features
This restriction will not apply to existing conforming uses.
(3)
Council will not approve, or will impose mitigative conditions on, a proposed
development that it deems will:
(a)
Precipitate or cause pollution to coastal or marine resources
(b)
Cause coastal or marine erosion or sedimentation
(c)
Cause damage to nearby properties
(d)
Increase the likelihood of landslides or rockfalls
(e)
Increase the likelihood of coastal features, infrastructure, or buildings
being affected by flood and storm events
PART 4 -GENERALDEVELOPMENTSTANDARDS
41
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
(4)
When approving a development, Council will require special measures to protect
sensitive and hazardous coastal features including vegetation, soils, steep slopes, rock
platforms, and beaches. Excavation and infilling of land to prepare a site for
development will be limited to an extent that is deemed by Council to be environmentally
and aesthetically acceptable.
(5)
Council may require that a plan for an entire area be approved before considering any
subdivision or other development proposal affecting only a portion of the area.
4.26 Exceptions to Height Standards
At Council's discretion, the height requirements prescribed in Part 9 - Use Zone Tables may
be waived in the case of antennas, flagpoles, water towers, spires, belfries, and chimneys.
4.27 Off-street Loading and Parking Requirements
Refer to Appendix C.
4.28 Excavation and Infilling of Land and Water
Excavation and infilling of land and water will not be permitted unless it is to redirect stormwater,
is related to a permitted coastal development, or is a work that has been approved by the Water
Resources Management Division of the Department of Environment and Climate Change.
Council will not approve any infilling or dredging work within 15 metres of a body of water
unless a permit from the Province has been issued under the Water Resources Act 2002. Also,
all proposed infilling must comply with the Province's Policy for Infilling Bodies of Water.
4.29 Wildlife Habitat
(1)
Wildlife Habitat and Landscape Connectivity
Council will consider potential effects on wildlife habitat and landscape connectivity when
making land use and development decisions. Proposed developments may be subject to
conditions to reduce and/or mitigate impacts on wildlife and wildlife habitat, for example:
-
Wider buffers along wetlands and watercourses when bordering land uses include
higher impact uses such as residential subdivisions, mineral workings, and some types
of agriculture.
-
Green belts connecting forested areas and other habitat patches to create travel
corridors for various wildlife species.
-
Vegetation clearing outside the May 1-July 31 period as disturbance can be most
detrimental during that sensitive breeding and young rearing period.
If Council deems that important or sensitive habitat may be disturbed by a proposed
development, it will notify and take advice from the Provincial Wildlife Division on appropriate
PART 4 - GENERAL DEVELOPMENT ST AND ARDS
42
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
measures to reduce and/or mitigate damaging impacts. If necessary, Council may refuse the
proposed development.
(2)
Caribou
The southwest portion of the Humber Arm South Planning Area falls within an area
designated as a Sensitive Wildlife Area for caribou. Council will contact the Wildlife Division
prior to any new development taking place in this area so that proper mitigations may be put
in place if needed.
4.30 Adaptive Re-use of Existing Buildings and Properties
Council will encourage adaptive re-use of existing buildings and properties for land uses that
are permitted within the designation and would be compatible with nearby existing land uses.
4.31 Provision for the Disabled and Elderly
Council will consider the mobility needs of disabled and elderly residents in the planning and
design of municipal streets, recreational facilities, and when approving commercial, public, and
large residential buildings and facilities.
4.32 Non-Domestic Water Use
The use of water from any water source for a non-domestic purpose requires a water use
licence under the Water Resources Act, 2002. Council will ensure that any proposed
development that will involve non-domestic water use receives approval from the Water
Resources Management Division.
PART 4 - GENERAL DEVELOPMENT STANDARDS
43
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
PART 5: SPECIFIC USE REGULATIONS
5.1
Access Ramps and Deck
(1)
At its discretion, after consulting with abutting property owners, Council may permit a
handicapped access ramp to be erected within a minimum front, rear, or sideyard
setback if there is no alternative means to provide the access ramp and the ramp does
not create a safety hazard or block sight lines.
(2)
An open or partially enclosed deck attached to a building shall not extend into the
minimum frontyard, sideyard or flanking road setback and shall not be closer to the rear
lot line than 1.0 metre.
(3)
An access ramp or open deck shall not be deemed to be part of the building when
calculating lot coverage in Part 9- Use Zone Tables.
5.2
Accessory Buildings on Residential Lots
1.
General Requirements
(a)
An accessory building will be clearly incidental and complementary to the dwelling and
located on the same lot.
(b)
Where an accessory building is located in the rearyard of the dwelling, the minimum
sideyard and rearyard setback from all property boundaries will be 1.5 metres.
(c)
Where an accessory building is located in the sideyard of the dwelling, the minimum
sideyard setback will be the same as that required for the dwelling.
(d)
No accessory building will be located closer than 3.0 metres to any other building,
whether the other building is on the same lot or an adjoining lot.
(e)
No accessory building will be erected upon an easement.
2.
Additional Requirements for Residential Lots
In addition to the General Requirements outlined in Paragraph (1 ), the following requirements
will apply to the erection of accessory buildings on residential lots.
(a)
Frontyard Location
(i)
No accessory building will be located closer to the street than the front line of
the dwelling, except where approved at Council's discretion in accordance with
Paragraph (ii).
(ii)
Notwithstanding Paragraph (i), at its discretion Council may approve an
accessory building closer to the street than the dwelling provided that:
-
Council deems that the applicant has a legitimate reason to erect the
accessory building closer to the street than the dwelling,
-
Council deems that the placement of the building will not negatively affect
neighbouring properties, and
PART 5 - SPECIFIC USE REGULATIONS
44
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
-
The accessory building shall be no closer than 8.0 metres from the street
line.
(b)
Corner Lots
On a corner lot, at its discretion, Council may permit an accessory building closer to the
flanking street than the main dwelling provided that the building is set back at least 6.0
metres from the flanking street, will not negatively affect neighbouring properties, and
will not impede the required sight line at the street intersection (See Regulation 4.23
of these Regulations).
(c)
Maximum Floor Area and Height
Development of one or more residential accessory buildings on a lot will be in
accordance with the following table.
Lot Size
Maximum Combined Floor Area
Maximum
of Accessory Buildings
Heiaht
1500 m2 or less 7% of the lot area or 70 m2 , whichever is less
6.0 m
1501-3000 m2
7% of the lot area or100 m2 , whichever is less
6.0 m
> 3000 m2
7% of the lot area or 130 m2 , whichever is less
6.0 m
(d)
No truck, bus, semi-trailer, freight container, or other vehicle body will be used as an
accessory building.
(e)
At its discretion, Council may permit a portable shelter to be used as an accessory
building, subject to the provisions of this Regulation.
(f)
No accessory building will be used for a home occupation except as approved at
Council's discretion in conformity with Regulation 5.11 of these Regulations.
(g)
Except for personal needs, no accessory building will be used for painting, dismantling,
or scrapping vehicles or machinery.
(h)
Applications for Discretionary Approval
In reviewing an application for discretionary approval with respect paragraphs (a), (b),
(d), (e), and (f), Council will:
(i)
Require the applicant to submit a site plan showing the placement of the
proposed building relative to the main dwelling and other buildings on the lot as
well as on neighbouring lots,
(ii)
Provide notice of the application in accordance with Regulation 3.21 (5) of the
Development Regulations.
(iii)
Consider the location and size of the accessory building relative to the main
dwelling as well as dwellings and buildings on neighbouring lots,
(iv)
Consider the effect of the accessory building and/or its use on neighbouring lots
and the street,
(v)
Consider site topography and other site factors deemed Council deems
relevant,
PART 5 - SPECIFIC USE REGULATIONS
45
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
(vi)
Consider terms and conditions that may be necessary to ensure the location,
size, height, appearance, and use of the accessory building will not significantly
affect the neighbourhood in terms of character, amenities, or property values,
and
(vii)
Approve the application as submitted, approve the application subject to terms
and conditions, defer the application pending additional information, or refuse
the application.
5.3
Accessory Uses
(1)
Subject to these Regulations, Council may permit an accessory use to a main use in
any zone. An accessory use will be clearly subsidiary and complementary to the main
use, controlled so as to be compatible with the main use and nearby properties, and
subject to special conditions set out in these Regulations or specified on a case-by-
case basis by Council.
(2)
Examples of accessory uses include but are not limited to:
(a)
A facility for the serving of food and alcoholic beverages in an arena or other
place of assembly, museum, or hotel,
(b)
A gift or souvenir shop in a museum, hotel, or other commercial establishment,
(c)
An office, small convenience store, or small catering establishment in a
campground,
(d)
A home occupation,
(e)
A woodworking shop, domestic sawmill, hobby shop, games room, exercise
room, or home theatre in a residential accessory building,
(f)
A tennis court, outdoor rink, or similar facility,
(g)
A satellite dish or similar device attached to a building,
(h)
A wind generator, solar panel, radio antenna, or similar device.
5.4
Agriculture - Commercial Livestock Facilities
(1)
Except at Council's discretion, no new livestock facility designed to accommodate more
than five (5) animal units, will be permitted within:
(a)
300 metres of a residential dwelling except for a farm dwelling or a dwelling on
the same property,
(b)
300 metres of the boundary of land zoned for residential use,
(c)
45 metres of the boundary of the property on which it is to be erected, and
(d)
80 metres of the centre line of a public street.
(2)
Except for a farm dwelling or a dwelling on the same property, no new residential
dwelling shall be developed within 500 metres of an existing livestock facility with
capacity to accommodate more than five (5) animal units unless the dwelling is first
approved by the Agriculture Lands Section of the Department of Fisheries, Forestry and
Agriculture.
PART 5 - SPECLFIC USE REGULATIONS
46
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
(3)
In addition to the above requirements, a new livestock facility will be subject to
applicable Provincial acts and regulations.
5.5
Bed and Breakfasts (B&Bs) and Visitor Rental Dwellings
(1)
Bed and Breakfasts
Where permitted by Council, a bed and breakfast establishment will be subject to the following
conditions:
(a)
It may operate only in a single dwelling unit.
(b)
It will not detract from the residential character of the neighbourhood in terms of scale
or exterior design.
(c)
It will not have more than six (6) guest rooms.
(d)
No wholesale sales or storage of goods will be carried out and any retail sales will be
incidental to the approved use.
(e)
At the discretion of Council, it may include catered dining on a limited-use basis.
(f)
In addition to the required residential parking spaces, it will provide on the same
property a minimum of 1.0 to a maximum of 1.5 off-street parking spaces per guest
room in a driveway and/or developed parking area.
(g)
It must comply with applicable Provincial regulations.
(h)
All grounds and buildings shall be kept in a safe and well-maintained condition.
(2)
Visitor Rental Dwellings
Where permitted by Council, a visitor rental dwelling will be subject to the following conditions:
(a)
It may operate only in a single dwelling unit.
(b)
It will not detract from the residential character of the neighbourhood in terms of scale
or exterior design.
(c)
It will be rented as a single unit only, and not with different guest rooms rented to
different customers.
(d)
No wholesale or retail sales will be carried out in association with visitor rentals.
(g)
It must comply with applicable Provincial regulations.
(h)
All grounds and buildings shall be kept in a safe and well-maintained condition.
5.6
Campgrounds and Tourist Cottage Establishments .
General Requirements
(1)
An application for a campground or a tourist cottage establishment will include a
development plan with the following information:
(a)
Location and full limits of the development,
(b)
Layout of accesses and internal roads,
(c)
Number and location of cottage units and/or campsites,
(d)
Accessory uses such as comfort stations, laundry and storage facilities,
washrooms, convenience store, employee accommodations, and outdoor and
indoor recreation facilities,
PART 5 - SPECIFIC USE REGULATIONS
47
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
(e)
Water supply and wastewater disposal,
(f)
Landscaping,
(g)
Buffers and screening between the site and other land uses,
(h)
Delineation of the property on a legal survey, and
(i)
A proposed phasing plan for the development.
(2)
All campsites, cottages, and on-site facilities, which form part of the development, will
be accessible only via the internal road network of the development.
(3)
Council may require the development to include suitable buffers and screening where
the development abuts a residential area.
(4)
The development permit will specify the maximum number of cottage units and/or
campsites to be permitted on the site.
(5)
All grounds and buildings shall be kept in a safe and well-maintained condition.
(6)
No expansion or alteration, other than repairs and maintenance, will take place without
the approval of Council.
(7)
The operation will comply with all bylaws and regulations of Council pertaining to noise
and unruly behaviour.
(8)
The development must comply with applicable Provincial regulations.
Campgrounds
(10)
A campground site shall:
(a)
Front onto public street or highway.
(b)
Have a minimum contiguous area of no less than 4000 m2 (0.4 hectares).
(c)
Have an adequately lighted main entrance from sunset to sunrise.
(d)
Have an emergency exit.
(e)
Have a maximum density of 75 campsites per gross hectare.
(11)
Internal roadways in the campground shall:
(a)
Provide 24-hour vehicle access to every campsite.
(b)
Be no less than 6.0 metres wide.
(c)
Be designed and constructed such that vehicles and trailers will not become
mired.
(12)
Every campsite shall:
(a)
If a tent site, have a minimum area of 120 m2 in area and a minimum width of
6.0 metres.
(b)
If a trailer or RV site, have a minimum area of 220 m2 and a minimum width of
12.0 metres.
(c)
Have the corners clearly defined with visible markers.
(d)
Be clearly numbered.
PART 5-SPECIFIC USE REGULATIONS
48
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
(e)
Have at least one and no more than two vehicle parking spaces.
(f)
Be no less than 50.0 metres from an on-site source of drinking water.
Tourist Cottage Establishments
( 13)
A tourist cottage establishment shall:
(a)
Front onto public street.
(b)
Have a minimum contiguous area of no less than 4000 m
2 (0.4 hectares).
(c)
Have an adequately lighted main entrance from sunset to sunrise.
(d)
Have an emergency exit.
(14)
Internal roadways in the tourist cottage establishment shall:
(a)
Provide 24-hour vehicle access to every cottage.
(b)
Be no less than 6.0 metres wide.
(c)
Be designed such that vehicles and trailers will not become mired.
(15)
A tourist cottage establishment shall comply with the following:
(a)
The minimum ground floor area for a tourist cottage shall be 60 m
2
-
(b)
No cottage will be more than one storey in height.
(c)
The minimum distance between individual cottages or buildings containing more
than one cottage unit shall be 6.0 metres.
(d)
The minimum rearyard will be.5.0 metres.
(e)
Planting areas shall be provided adjacent to the side and rear lot lines.
(f)
Each cottage will be clearly numbered.
5.7
Camper Trailers and Recreational Vehicles
The use of a camping trailer or recreational vehicle for overnight camping will not be permitted
except in a designated campground or as a temporary activity on a residential property.
Camping trailers and recreational vehicles used temporarily on residential properties must be
mobile and have up-to-date license plates.
5.8
Childcare Services
Where permitted by Council, a childcare service will conform to the requirements of the Child
Care Services Act and Regulations. If required a license to operate shall be obtained from the
responsible Provincial department. Council will not approve a childcare use that has not
obtained the ne_cessary licenses and approvals from the Province.
5.9
Domestic Sawmill
(1)
Where listed as a discretionary use class, Council may permit a domestic sawmill as
an accessory use on a residential lot after first giving public notice and considering
comments received.
(2)
Approval of a domestic sawmill will be subject to the following conditions:
PART 5 -SPECIFIC USE REGULATIONS
49
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
(a)
It must have, and operate in accordance with, a domestic mill license issued
under the Mill Regulations under the Forestry Act.
(b)
It will be for the sole use of the property owner and will not produce products for
sale, barter, or gift to non-residents of the property.
(c)
It will not be permitted on any lot less than 2,000 m2 in area.
(d)
It must be in the rear yard of the lot, set back at least 5 metres from all lot lines,
and no closer than 20 metres from any neighbouring residential dwelling.
(e)
The operating site will be kept in a continually clean condition, with no significant
outdoor accumulation of logs, wood residues, or equipment.
(f)
The maximum noise level during operation will not exceed 55 decibels at all
property lines. Should noise complaints arise, Council may require sound
mitigation measures as it deems appropriate including moving the mill indoors,
equipment silencers, buffering along lot lines, etc.
(g)
Other requirements deemed necessary by Council.
(3)
If the owner fails at any time to comply with the conditions of approval, a stop work
order will be issued by Council.
5.10 Energy Generation Facilities
Small-scale wind, solar, and hydro generating facilities and associated facilities and services
may be subject to the approval of relevant provincial and federal departments, agencies, and
public utilities. The design and location of such utilities shall take into consideration their impact
on nearby land uses and persons, the environment, and other matters that Council may deem
to be significant.
5.11 Home Occupations
Where permitted by Council, a home occupation will comply with the following conditions:
(a)
It will be clearly secondary to the residential use of the property,
(b)
It will be located inside the dwelling unit or, at Council's discretion, may be in
an
accessory building on the same lot as the dwelling.
(c)
Unless otherwise authorized at Council's discretion, it will not include outdoor storage
of equipment or materials,
(d)
Notwithstanding paragraphs (b) and (c), at Council's discretion, a home-based fishing
enterprise may be in an outdoor area of the lot if it is adequately screened or fenced-
off to Council's satisfaction,
(e)
It will employ no less than one person who is a resident of the dwelling and may employ
up to two persons who are not residents of the dwelling,
(f)
It will occupy no more than thirty percent (30%) of the floor area of the dwelling,
(g)
It will not use or keep in storage any hazardous materials,
(h)
It will not use water or generate sewage more than what can be accommodated by the
existing water supply and sewage disposal system,
PART 5- SPECIFIC USE REGULATIONS
50
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
(i)
It will not cause noise, odours, fumes, electrical interference, or other nuisances that
unreasonably affect neighbouring properties,
U)
Unless otherwise authorized by Council, sufficient off-street parking space shall be
available on the lot for the parking needs of residents, employees, and clients,
(k)
Council may require fencing, screening, and/or a minimum space separation to protect
the amenity of adjacent uses,
(I)
It will not create traffic safety or traffic congestion concerns,
(m)
It will adhere to all other conditions that Council deems necessary to protect the amenity
of adjacent residential uses and the neighbourhood,
(n)
In reviewing an application for a home occupation, Council will provide notice of the
application in accordance with Regulation 3.21 (4) - Notice of Application, and
(o)
No change in the type or extent of a home occupation shall take place except with the
approval of Council.
5.12 Mineral and Petroleum Exploration
(1)
Where it is permitted, a mineral or petroleum exploration use that constitutes a
development (in accordance with the definitions in Part 2) will make provision for
buffering and other mitigations of impacts on residential, commercial, industrial,
institutional, recreational, and environmentally sensitive areas.
(2)
Council will not issue a permit for mineral or petroleum exploration until all necessary
permits and approvals have been obtained from the Departments of Industry, Energy
and Technology and other relevant government agencies.
(3)
Mineral and petroleum exploration may be subject to conditions to control noise,
appearance, road construction, ground disturbance, and other impacts, as well as the
duration of exploration activity. The precise nature of these controls will depend upon
the location of the exploration in relation to built-up and environmentally sensitive areas
such as, watercourses and wetlands.
(4)
Mineral and petroleum exploration that is not classed as a development by virtue of
ground disturbance, access roads, or use of equipment other than hand tools may be
permitted anywhere in the Planning Area with adequate notification to Council.
5.13 Mineral Working
(1)
No new mineral working use will be developed without a development permit issued by
Council. The development, operation, termination, and rehabilitation of a mineral
working site will be carried out only in accordance with terms and conditions specified
in the development permit. The development permit will be revoked if the operator does
not comply with these terms and conditions.
PART 5 - SPECIFIC USE REGULATIONS
51
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
(2)
No development permit will be issued by Council unless the applicant has obtained a
quarry license or lease issued by the Mineral Lands Division of the Department of
Industry, Energy and Technology.
(3)
An application to Council for the development of a mineral working use will include a
site development plan with the following information:
(a)
The site's biophysical features
(b)
Delineation of the proposed extraction area
(c)
The type and location of proposed aggregate processing equipment
(d)
A site rehabilitation plan (see Paragraph 17 below)
(4)
Council may permit a mineral working processing plant (e.g., washing and screening
plant, crusher) provided that the use will not significantly affect surrounding land uses by
reason of noise, vibration, fumes, dust, odour, water drainage, unsightly storage of
materials, or general appearance.
(5)
The permit fee for a mineral working use will be determined by Council in an amount
sufficient to cover Council's costs associated with:
(a)
If necessary, a review of the development plan by a professional planner or
engineer,
(b)
Regular inspections of the site to determine compliance with the permit, and
(c)
Inspections to determine acceptable site rehabilitation in accordance with a
rehabilitation plan.
(6)
Except where Council may require a higher buffer, no mineral working extraction or
processing plant will be permitted within:
(a)
300 metres of a residential dwelling or the boundary of a zone that permits
residential development,
(b)
200 metres of a commercial or public building or recreational open space use,
(c)
30 metres of a watercourse or wetland, and
(d)
50 metres of a public street or highway.
(7)
Except where Council may require a higher buffer,
(a)
No dwellings will be permitted within 300 metres of the boundaries of a licensed
mineral working extraction site or processing plant, and
(b)
No commercial or public building or recreational open space use will be
permitted within 200 metres of the boundaries of a licensed mineral working
extraction site or processing plant.
(8)
No blasting or quarrying of hard rock will be permitted within 1,000 metres of a
residential, commercial, or public building, a recreational open space use, or a zone
that permits residential development.
(9)
An undisturbed buffer strip of at least 30 metres will be maintained between the final
perimeter of a pit or quarry and the boundary of the lot on which it is located.
PART 5- SPECIFIC USE REGULATIONS
52
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
(10)
Where a proposed mineral working site is located in the vicinity of a public street or
highway, Council may require the owner to provide for natural or artificial screening to
obstruct visibility of the site.
(11)
Council may require the mineral working site or excavated area to be fully or partially
enclosed by a fence designed and constructed to Council's specifications.
(12)
All topsoil and organic material will be securely stockpiled for future rehabilitation of the
site. The operator will ensure that the topsoil is not mixed with aggregate materials.
(13)
No mineral working shall create excessive drainage or erosion onto adjacent properties
or into nearby watercourses.
(14)
No mineral working shall cause the accumulation or ponding of water in any part of the
site.
Settling ponds will be permitted only with approval from the Department of
Environment and Climate Change.
(15)
The mineral working site shall be kept clean of refuse, abandoned vehicles, abandoned
equipment and derelict buildings.
(16)
During seasonal or extended shutdowns, the slope of any sand or gravel embankment
shall not have a gradient steeper than 60 percent for the full depth thereof.
(17)
Site Rehabilitation
(a)
A development application for a new mineral working site will not be approved if
it does not include a plan for site rehabilitation acceptable to Council.
(b)
Council may require the extraction site to be rehabilitated at progressive stages
of extraction.
(c)
Upon abandonment of a mineral working site, the owner will:
(i)
Remove all buildings, machinery, and equipment,
(ii)
Grade all pit and quarry slopes to a slope of less than 60 percent,
(iii)
Rehabilitate the entire excavated area in accordance with the
rehabilitation plan, and
(iv)
If required, close and decommission the access road to the site in
accordance with Council's wishes.
(18)
Financial Guarantee
In accordance with Regulation 3.9(3), Council will require the developer of a mineral
working site to provide a financial guarantee to cover the cost of restoring the site as
specified in Paragraph (17).
(19)
Other such conditions that Council deems as necessary.
PART 5 -SPECIFIC USE REGULATIONS
53
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
5.14 Residential Care
(1)
A residential care use may be permitted in a residential facility that is of adequate size
to accommodate all persons living in the home including staff.
(2)
The use and appearance of the building shall not adversely affect the amenities of
adjacent residences or the neighbourhood. Council may set conditions aimed at
ensuring the use is compatible with the neighbourhood.
(3)
Council will not approve a residential care home that has not first been approved by
Digital Government and Service NL and other Provincial agencies having jurisdiction.
5.15 Salvage Yards
(1)
No salvage yard will be developed or expanded in scale without a development permit
issued by Council. The development, operation, termination, and rehabilitation of a
salvage yard site will be carried out only in accordance with terms and conditions
specified in the development permit. The development permit will be revoked if the
operator does not comply with the terms and conditions of the development permit.
(2)
Except where Council requires a higher buffer, no salvage yard will be permitted within:
(a)
300 metres of a residential or public building or recreational open space use,
(b)
300 metres of the boundary of an area zoned for residential use,
(c)
40 metres of the centerline of a public street, and
{d)
60 metres of a watercourse or wetland.
(3)
No salvage yard will be permitted near an area where there may be a concern for
stormwater or groundwater contamination or other potential pollution.
(4)
Council may require a salvage yard to provide for natural or artificial screening to
obstruct visibility from a public street or other public place.
5.16 Service Stations and General Garages
The following requirements shall apply to all proposed service stations and general garages:
(a)
All gasoline pumps shall be located on pump islands designed for such purpose, and
to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the street line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and where
a service station is located on a corner lot, the minimum distance between an access
and the intersection of street lines at the junction shall be 10 metres and the lot line
between entrances shall be clearly indicated.
PART 5 -SPECIFIC USE REGULATIONS
54
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
5.17 Storage and Scrapping of Car Wrecks and Other Salvage Materials
The use of land for the storage or scrapping of car wrecks, old machinery and equipment, tires,
scrap metals, used building materials and other recyclables will not be permitted except in an
approved salvage yard.
5.18 Tiny Houses
(1)
Except at the discretion of Council, a tiny house will be permitted only on a lot that forms
part of subdivision of four (4) or more adjoining lots that are designed specifically for
tiny houses.
(2)
A tiny house will not be approved unless it:
(a)
Includes permanent provision for living, sleeping, eating, cooking and sanitation.
{b)
Is constructed on a permanent foundation.
(c)
Conforms fully with the National Building Code.
(d)
Is not fitted with facilities for towing or to which towing apparatus can be
attached.
5.19 Trails
(1)
Trails designated by Council will be protected from developments and activities that
might impede public passage, undermine the amenities or aesthetics of the trail
environment, or interfere with any legal right of Council to develop or improve the trails
for public access and recreation.
(2)
No building or structure will be permitted on a site where it would otherwise be permitted
under these Regulations, when in the opinion of Council, the development would
impede passage on a designated public trail.
(3)
Generally, Council will protect a corridor no less than 15 metres wide for all designated
trails, although this may be reduced for short distances at Council's discretion.
(4)
A proposal to develop an alternative use within a trail corridor will not be considered
except where the applicant provides for the relocation of the trail in a way that results
in minimal disruption to the trail's continuity and amenities.
(5)
As a condition of a Development Permit for a trail, Council may require that a trail
corridor be deeded or licensed to the Town and where applicable, this may be
considered as part of the open space requirement set out in Regulation 3.10.
(6)
Wherever space and terrain conditions allow, trails will be protected by natural
vegetation buffers that separate the trail from other forms of development, hazard areas
and areas subject to erosion such as sensitive coastal features, riverbanks, and steep
slopes.
PART 5 - SPECIFIC USE REGULATIONS
55
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
PART 6: SUBDIVISION OF LAND
6.1
Application
Part 6 of these Regulations applies to each of the following:
(a)
The subdivision of a parcel of land under single ownership into two or more lots,
including the residual lot,
(b)
Construction, upgrading, or extension of a public street, and
(c;)
Extension or upgrading of the municipal water and sewer system.
6.2
Subdivision Permit Required
(1)
No land in the Planning Area shall be subdivided into two or more lots unless a permit
for the subdivision is first obtained from Council.
(2)
For a subdivision involving street construction and/or installation of municipal water and
sewer services, Council may require the deposit of a surety in a form satisfactory to
Council to ensure completion of the work in accordance with the permit.
6.3
Services to be Provided
No permit shall be issued for a subdivision of land unless provisions satisfactory to Council
have been made for water supply, sewage disposal, and stormwater drainage.
6.4
Payment of Service Levies and Other Charges
No permit will be issued for a subdivision of land until agreement has been reached for the
payment of all fees levied by Council for connection to services, utilities, and streets deemed
necessary for the proper development of the subdivision and all service levies and other
charges imposed under these Regulations.
6.5
Permit Subject to Considerations
For every proposed subdivision of land, an application and development plan shall be
submitted to Council.
A subdivision permit shall not be issued when, in the opinion of Council, the subdivision will not
contribute to the orderly growth of the municipality or demonstrate sound design principles.
In considering a subdivision application, Council shall, without limiting the generality of the
foregoing, consider:
(a)
Proposed land uses within the development.
PART 6- SUBDIVISION OF LAND
56
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
(b)
The location and natural characteristics of the site, including topography, drainage, soils
and geology, vegetation, wetlands, watercourses, sensitive areas, prevailing winds, and
solar orientation.
(c)
Municipal Plan policies, Development Regulations, and Use Zone affecting the site.
(d)
The capacity of municipal water and sanitary sewer infrastructure, stormwater
infrastructure, and utilities to adequately service the development.
(e)
Provision for access to adjacent undeveloped areas.
(f)
The land use, physical form, and character of adjacent developments.
(g)
The relationship of the project to existing or potential sources of nuisance.
(h)
Visual quality and effect on viewsheds.
(i)
Energy conservation.
U)
Environmental effects with respect to watercourses, wetlands, steep slopes, drainage
patterns, stormwater generation and discharge, and loss of habitat.
(k)
Municipal financial costs related to the provision and maintenance of streets, water and
sewer systems, other infrastructure, and municipal services.
(I)
Such other matters that Council deems to be important.
6.6
Unserviced Development
Before approving a subdivision in a location where municipal water and/or sewer services
cannot be provided, Council will ensure that the development complies with all applicable
Provincial regulations and requirements for unserviced development including:
(a)
The "Groundwater Supply Assessment and Reporting Guidelines for Subdivisions
Serviced by Individual Private Wells"
(www.qov.nl.ca/mae/files/waterres-regulations-appforms-unserviced-subdivision-qw-
assessment-guidelines-dwh-revisions.pdD
(b)
The Sanitation Regulations under the Public Health Act
(www. assembly. nl. ca/legislation/sr/regu lations/rc960803. htm)
6. 7
Building Permits Required
Notwithstanding approval of a subdivision by Council, a separate building permit shall be
obtained for each building proposed for construction in the subdivision, and no building permit
for any building in the area shall be issued until the developer has complied with all the
requirements in these Regulations with respect to the development of the subdivision.
6.8
Form of Application
Application for a permit to develop a subdivision shall be made to Council in accordance with
Regulation 3.12 - Form of Application.
PART 6-SUBDIYISION OF LAND
57
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
6.9
Subdivision Subject to Zoning
The subdivision of land must comply with all provisions of the Use Zone in which the land is
located.
6.10 Building Lines
Council may establish building lines for any subdivision street and require any new building to
be located on such building lines.
6.11 Dedication of Land for Public Use
In accordance with Section 37 of the Act, Council may require land developers to provide land
to the Town land for open space or other public use equal to ten per cent of the gross area to
be developed. In lieu of land dedication, Council may accept a sum of money that is equivalent
to the value of the land that would have been conveyed to be used for the good of the
community.
Land to be provided for public use must be high quality land suitable for the purpose and will
not include land that Council requires to be set aside from development for the purposes of
environmental protection or stormwater control.
6.12 Structure in Street Reservation
The placing of a structure (e.g., hydro pole, fire hydrant, mailbox, bus shelter, signpost) within
any street reservation shall not be approved unless Council is satisfied on the question of safety
regarding the structure's relationship to other buildings or structures within the street
reservation and regarding the safe movement of vehicles and pedestrians.
6.13 Subdivision Requirements
Where a subdivision involves construction of a new street or street extension, all work must be
completed in compliance with the following requirements.
(1)
Street construction must meet the standards set out by Council with respect to:
(a)
street design and cul de sac length
(b)
intersection alignments and locations
(c)
sub-base and base
(d)
asphalt
(2)
Water system construction must meet the standards set out by Council with respect to:
(a)
minimum burial beneath finished grades
(b)
water main and service line materials
(c)
fire hydrants
(d)
placement of main line valves
PART 6- SUBDIVISION OF LAND
58
(3)
(4)
(5)
(6)
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
Sanitary sewer construction must meet the standards set out by Council with respect
to:
(a)
(b)
(c)
gravity sewers
force mains
lift stations
Manholes and catch basins must meet the standards set out by Council with respect
to location, materials, sizing, spacing, frames, grates, and covers.
All services and roadwork must be connected to existing services and roads in
accordance with Council requirements. This may include work outside the limits of the
subdivision boundary and onto existing road reservations and roadways.
The developer is responsible for the reinstatement of all property damaged during the
connection process back to the original condition. This may include, but is not limited to,
curb, sidewalk, asphalt, and seeded areas.
6.14 Access to Backland Areas
(Also refer to Regulation 4.2)
(1)
In order prevent the landlocking of land that is suitable for future development, Council
will require developers to provide adequate rights-of-way for street access to adjoining
backland areas.
(2)
Depending on the development potential of the area to be accessed, Council may
require the right-of-way width to be a minimum of 12.2 or 15.0 metres.
(3)
Council will ensure that appropriate street reservations are reserved along arterial,
collector and local streets to provide for future connections to backland areas with
development potential. The Land Use Zoning maps show access points where land
will be reserved to allow for future roads to provide access to undeveloped land.
6.15 Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations unless
the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent, or up to 12 percent at the
discretion of Council where it would otherwise be impossible to develop the site or
compliance with 10 percent would entail excessive cutting and filling of slopes.
(b)
A cul de sac will be subject to the following:
(i)
It will not be permitted unless Council is satisfied that there is no reasonable
alternative to developing the land.
(ii)
It will not be longer than 500 metres.
(iii)
It will not be located so as to appear to terminate a collector street.
PART 6- SUBDIVISION OF LAND
59
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
(iv)
The turning circle will have a driving surface diameter of not less than 30 metres.
(v)
Emergency access/ egress to a cul de sac will not be less than 3 metres wide.
(c)
Land will not be subdivided in such a manner as to prejudice the development of
adjoining land (also refer to Regulation 6.14)
(d)
Streets will be designed in accordance with the following minimum standards.
Type of Street
Street
Pavement
Reservation
Width
Arterial
30.0 m
15.0 m
Collector
15.0 m
7.3 m
Local 1
15.0 m
5.2 m
Local2
12.2 m
5.2 m
(e)
No street intersection will be closer than 60 metres from another street intersection.
(f)
No street intersection will be constructed at more than 5 degrees of a right angle.
(g)
No more than four streets will join at any one intersection.
(h)
No residential street block will be longer than 490 metres between street intersections
unless permitted at Council's discretion and provided adequate access is provided to
adjoining backlands to the subdivision.
(i)
No residential lot will be more than four times deeper than the lot frontage.
(i)
Water and sewer mains will be designed as loops to avoid dead-ending.
(k)
Council may require existing natural, historic, and architectural features to be retained
when a subdivision is developed.
6.16 Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all streets, paving, sidewalks, and all other utilities deemed
necessary by Council to service the area proposed to be developed or subdivided shall
be designed and prepared by or approved by the Engineer.
Such designs and
specifications shall, upon approval by Council, be incorporated in the plan of
subdivision.
(2)
Upon approval by Council of the proposed subdivision, the Engineer shall certify all
work of construction layout preliminary to the construction of the works and thereupon
PART 6-SUBDIVISION OF LAND
60
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
the developer shall proceed to the construction and installation, at his own cost and in
accordance with the approved designs and specifications and the construction layout
certified by the Engineer, of all such streets and other works deemed necessary by
Council to service the said area. ·
6.17 Developer to Pay Engineer's Fees and Charges
The developer shall pay to Council all the Engineer's fees and charges for the preparation of
designs and specifications and for the layout and supervision of construction; such fees and
charges being percentages of the total cost of materials and labour for the construction and
installation of all works calculated in accordance with the Schedule of Fees recommended by
the Association of Professional Engineers and Geoscientists of Newfoundland and Labrador
and in effect at the time the work is carried out.
6.18 Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, and paving specified
by Council as being necessary, may, at Council's discretion, be deferred until a later stage of
the subdivision development but the developer shall deposit with Council before approval of
the application, an amount estimated by the Engineer as reasonably sufficient to cover the cost
of construction and installation of the works. In the later stage of the work of development,
Council shall call for tenders for the work of construction and installation of the works, and the
amount so deposited by the developer shall be applied towards payment of the contract cost.
If the contract cost exceeds the deposit, the developer shall pay to Council the amount of the
excess. If the contract price is less than the deposit, Council shall refund the amount of the
excess. Any amount so deposited with Council by the developer shall be placed in a separate
savings account in a bank and all interest earned thereon shall be credited to the developer.
6.19 Transfer of Streets and Utilities to Council
(1)
The developer shall, following approval of the subdivision and upon request of Council,
transfer to Council, at no cost to Council, and clear of all liens and encumbrances:
(a)
All lands in the area proposed for development or subdividing, which are
approved and designated by Council for public use as streets, or other rights-
of-way, or for other public use.
{b)
All services and public works including streets, water supply and distribution
system, sanitary sewer system, storm drainage system, street lighting, and
other infrastructure installed in the subdivision that are normally owned and
operated by Council.
(2)
Before Council shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at cost to the developer, test the streets, services and
public works installed in the subdivision and certify his/her satisfaction with their
installation.
PART 6 - SUBDIVISION OF LAND
61
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
(3)
Council will not provide maintenance for any street or public work in any subdivision
until such time as the street, service or public work has been transferred to Council.
6.20 Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until Council is satisfied that the lot has
satisfactory access to a street.
6.21 Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building types and for
landscaping in order to enhance the visual aspects of the completed development and
to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by Council, shall not be changed without written
application to and subsequent approval of Council.
6.22 Provision for the Disabled and Elderly
Council will consider the mobility needs of disabled and elderly residents in the planning and
design of municipal streets, sidewalks, crosswalks, and related infrastructure.
PART 6-SUBDIYISION OF LAND
62
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
PART 7: SIGNS
7.1
Intent
The intent of this section is to authorize signs that:
(a)
Are appropriate in size, number, and location to the type of activity or use to which they
pertain.
(b)
Provide reasonable and appropriate means for the public to locate and identify facilities,
businesses, and services without difficulty or confusion.
(c)
Are compatible with their surroundings.
(d)
Protect and enhance the aesthetic qualities of the area.
(e)
Do not create a distraction or safety hazard for pedestrians or motorists.
7.2
Permit Required
Except in accordance with Regulation 7.8, no sign shall be erected or displayed in the
Planning Area unless a permit for the sign is first obtained from the Council.
7.3
Provincial Highway
In addition to a permit from Council, the erection or display of a sign on Provincial Route 450
shall require a permit from Digital Government and Service NL.
7.4
Form of Application
Application for a permit to erect or display a sign shall be made to the Council in accordance
with Regulation 3.12.
7 .5
Approval Subject to Conditions
A permit will only be issued for the erection or display of signs that comply with the appropriate
conditions and standards set out in these Regulations.
7.6
Signs Prohibited in Street Reservation
No sign will be permitted within, on, or over any highway or street reservation.
7.7
Sign Removal
Council may require the removal of any sign, which, in its opinion:
(a)
is hazardous to pedestrian or vehicle traffic by reason of its siting, colour, illumination,
or structural condition, or
(b)
is unsightly or not maintained to the satisfaction of the Council.
PART 7- SIGNS
63
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
7 .8
Signs Exempt from Control
Notwithstanding Regulation 7.2, the following signs may be erected or displayed without
application to Council:
(a)
on a residential dwelling or within the yard of a dwelling, one nameplate not exceeding
0.2 m2 in area.
(b)
on an agricultural, forestry, or quarrying operation, one notice board not exceeding 0.5
m2 in area relating to the operations being conducted on the land.
(c)
on a site occupied by an institutional, civic, service, or public use (e.g., church, school,
museum, cemetery), one notice board not exceeding 1.0 m2 in area.
(d)
on a commercial or industrial building, a notice board not exceeding 1.0 m2 in area.
(e)
on any parking lot, directional signs plus one sign only not exceeding 1.0 m2 in size to
identify the parking lot.
(f)
real estate sales, leasing, and open house signs not exceeding 1 m2-
(g)
signs placed by candidates at municipal, provincial, or federal elections.
(h)
signs for temporary local events such as festivals, from one month before the event to
no later than one week after its conclusion.
(i)
temporary signs on construction sites warning of danger and or outlining the nature of
the development up to a maximum area of 7.5m2.
7 .9
General Sign Standards
The following standards shall apply to signs erected for a commercial, industrial, or public use.
In accordance with Regulation 7.5, Council may set additional standards or conditions to its
approval of a sign.
(a)
Window Sign - maximum of 1 m2
(b)
Awning/Canopy Sign - maximum of 3 m wide by 0.75 m high
(c)
Wall Sign - maximum of 3 m wide by 0.75 m high
(d)
Hanging and Projecting Sign - maximum of 1 m2
(e)
Murals - At the discretion of Council.
(f)
Free Standing Sign - one per use, maximum of 5.0 m2
PART 7 - SIGNS
64
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
PART 8: USE ZONES
8.1
Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use Zones,
which are shown on the Zoning Map attached to and forming part of these Regulations.
(2)
Subject to Paragraph (3), the permitted use classes, discretionary use classes,
standards, requirements, and conditions applicable to each Use Zone are set out in the
Use Zone Tables in Part 9 of these Regulations.
(3)
Where standards, requirements, and conditions applicable in a Use Zone are not set
out in the Use Zone Tables in Part 9, Council may in its discretion, determine the
standards, requirements and conditions that shall apply.
8.2
Map Interpretation
The boundaries of Use Zones on the Land Use Zoning Maps are general only and, except
where they coincide with roads, shorelines, or other prominent physical features, are not
intended to define exact limits. No zoning amendment will be required for minor adjustments
of the Use Zone boundaries. Other than such minor boundary adjustments, no development
shall be permitted that does not conform to the Use Zone delineated on the Land Use Zoning
Maps.
8.3
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in Part 9
shall be determined by Council in accordance with the classifications and examples set out in
Appendix B.
8.4
Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in the
appropriate Use Zone Table in Part 9 shall be permitted by Council in that Use Zone.
8.5
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in
the appropriate Use Zone Table in Part 9 may be permitted in that Use Zone if Council is
satisfied that the development would not be contrary to the general intent and purpose of these
Regulations, the Municipal Plan, any further scheme or plan or regulation pursuant thereto, or
to the public interest, and only if Council has given notice of the application in accordance with
PART 8 - USE ZONES
65
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
Regulation 3.21 (4) - Notice of Application and has considered any objections or
representations that may be received on the matter.
8.6
Prohibited Uses
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in
the appropriate Use Zone Tables shall not be permitted in that Use Zone.
PART 8 - USE ZONES
66
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULA TlONS
PART 9: USE ZONE TABLES
Before issuing a permit for development or an approval in principle, Council shall review the
application to ensure that it complies with the Use Zone Table for which it is proposed as well
as each of the following:
-
Part 2: Definitions
-
Part 3: General Regulations
-
Part 4: General Development Standards
-
Part 5: Specific Use Regulations
-
Part 6: Subdivision of Land
-
Part 8: Use Zones
-
Appendix A: Land Use Zoning Maps
-
Appendix B: Classification of Uses of Land and Buildings
-
Appendix C: Off-Street Parking Requirements
-
Appendix D: Provincial Development Regulations
Part 9 contains tables for the following Use Zones:
USE ZONE
ABBREVIATION
9.1
Environmental Protection
EP
9.2
Protected Water Supplv
PWS
9.3
Residential Medium Density
RMD
9.4
Future Residential Area
FRA
9.5
Mixed Development
MD
9.6
Harbourside
HS
9.7
Parks and Public Use
PPU
9.8
Rural Residential
RR
9.9
Seasonal Residential
SR
9.10 Rural Resource
RUR
PART 9- USE ZONE TABLES
67
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
9.1
Environmental Protection (EP) Zone
Intent
The purpose of the Environmental Protection zone is primarily to protect environmentally
sensitive areas such as shorelines, wetlands, steep slopes, and high barrens. In marine coastal
areas the purpose of the zone is to protect sensitive coastal features and scenery while
accommodating small scale coastal activities that have bona fide need for shoreline access.
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See ReQulation 8.4)
(See ReQulations 3.21 and 8.5)
Conservation
Antenna
Open Space (See Condition 3)
Dock (See Condition 4)
Mineral exploration (See Regulation 5.12)
Petroleum exploration (See Regulation 5.12)
Recreational open space (See Condition 5)
Slipway (See Condition 4)
Stage (See Condition 4)
Transportation (See Condition 7)
Utility (See Condition 6)
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development is compatible with the Permitted Use Classes and not contrary to
the general intent of the Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will not
detract from the environmental protection purpose of this zone.
2.
Environmental Control
(1)
Any approved development must be designed and developed to a high environmental
standard as specified in terms and conditions set by Council.
(2)
Where it deems necessary, Council may require a proposed discretionary use to
undergo an appropriate assessment to ensure that the development will be undertaken
in a way that minimizes environmental effects.
3.
Open Space Uses
A structure associated with an open space use, for example, a viewing platform, gazebo, or
picnic shelter, may be permitted at Council's discretion.
PART 9- USE ZONE TABLES
68
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
4.
Docks, Slipways, and Stages
(1)
At Council's discretion, a dock, slipway, or stage may be permitted on a coastal
shoreline if the proposed location, size, and appearance are deemed by Council to be
environmentally
and
aesthetically
acceptable,
compatible
with
surrounding
development, and not an impediment to public access along the shoreline. Approval
will be subject to terms and conditions set by Council.
(2)
Council will not issue a permit for a dock, slipway, or stage until necessary Provincial
permits and approvals have been obtained.
(3)
Docks, slipways, and stages will not be permitted on a freshwater shoreline.
5.
Recreational Open Space
(1)
The only recreational open space use that may be permitted at Council's discretion is
a multi-use trail to accommodate recreational vehicles such as snowmobiles and A TVs.
(2)
A multi-use trail may be permitted only if:
(a) Potential environmental effects can be minimized or mitigated to the satisfaction
of Council, and
(b) The trail meets all terms and conditions set by Council.
6.
Utilities
A building or structure associated with a public utility, for example, a water or sewage treatment
plant, sewage outfall, transmission line, or electrical sub-station, may be permitted at Council's
discretion.
7.
Transportation
(1)
Transportation uses that may be permitted at Council's discretion will be limited to public
streets and associated infrastructure, for example, a culvert or bridge across a stream.
(2)
A transportation use will not be permitted if:
(a)
Alternative locations for access are reasonably available,
(b)
Potential environmental effects cannot be minimized or mitigated to the
satisfaction of Council,
(c)
The development cannot meet reasonable terms and conditions that may be
set by Council, and
(d)
The development has not received any necessary Provincial approval.
PART 9 - USE ZONE TABLES
69
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
9.2
Protected Water Supply (PWS) Zone
Intent
The Protected Water Supply zone corresponds to two Provincially protected water supply areas
that supply water to Humber Arm South. In the southern part of the Planning Area, the zone
corresponds to the portion the Dormody's Brook Water Supply Area (Regulation 116/13 under
the Water Resources Act, 20021 located inside the Town's Planning Area. A much larger part
of this Water Supply Area is located outside and to the south of the Planning Area boundary.
The other Water Supply Area, located near Frenchman's Cove, is fully contained within the
Planning Area. It corresponds to the Gurges Pond Water Supply Area (Regulation 28/12 under
the Water Resources Act, 2002)
Built-up uses are severely restricted in the zone and may include only necessary utilities and
transportation infrastructure. Forestry uses and recreational open space uses in the form of
trails may be considered at Council's discretion subject to such conditions that Council deems
necessary. In addition to Council approval, any proposed development in this zone requires a
permit from the Water Resources Management Division.
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Reaulation 8.4)
(See Reaulations 3.21 and 8.5)
Conservation
Antenna (See Condition 4)
Open space
Forestry
Water utility (See Condition 4)
Mineral exploration (See Regulation 5.12)
Petroleum exploration (See Regulation 5.12)
Recreational open space (See Condition 5)
Transportation (See Condition 4)
Utility (See Condition 4)
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the Permitted Use Classes and not contrary
to the general intent of the Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will not
negatively affect source water in the Domody's Brook and Gurges Pond Water Supply Areas.
PART 9 - USE ZONE TABLES
70
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
2.
Environmental Control
(1)
Any approved development must be designed and developed to a high environmental
standard as specified in terms and conditions set by Council.
(2)
Where it deems necessary, Council may require a proposed discretionary use to
undergo an appropriate assessment to ensure that the development will be undertaken
in a way that minimizes environmental effects.
3.
Dormody's Brook and Gurges Pond Protected Water Supply Areas
(1)
Referral to Water Resources Management Division
All proposals for development within the Domody's Brook and Gurges Water Supply Areas will
be referred to the Water Resources Management Division of the Department of Environment
and Climate Change. No development will be permitted until the required permit(s) for the
development has been issued by the Division.
(2)
Buffer Zones within the Protected Water Supply Areas
Other than a development related to conservation or water supply management and protection,
no development, forest harvesting, or other resource use activity will be permitted in the vicinity
of a watercourse except in accordance with the following minimum buffers from the top of the
bank of a watercourse.
Watercourse
Minimum Buffer Width
Intake pond or lake
150 m
Intake river
150 m for 1,000 m upstream and 100
downstream of intake
Main river channel
75m
Major tributaries, lakes, and ponds
50m
Other watercourses
30 m
4.
Transportation, Utilities and Antennas
Provincial Highway 450, which passes through the Gurges Water Supply Area, is permitted to
continue. A forest access passing through the Dormody's Brook Water Supply Area is also
permitted to continue.
Existing water facilities are permitted to continue. New water utilities, including buildings such
as a pumphouse or treatment plant, are permitted subject to required permit(s) from the Water
Resources Management Division
Other existing utilities within the PWS zone including electricity and communications
transmission lines are permitted to continue.
At Council's discretion, new transportation, utility, and antenna uses may be permitted subject
to required permit(s) from the Water Resources Management Division.
PART 9 - USE ZONE TABLES
71
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
5.
Recreational Open Space
(1)
The only recreational open space use that may be permitted at Council's discretion is
a multi-use trail to accommodate recreational vehicles such as snowmobiles and A TVs.
(2)
A multi-use trail may be permitted only if:
(a) Potential environmental effects can be minimized or mitigated to the satisfaction
of Council, and
(b) The trail meets all terms and conditions set by Council.
PART 9 - USE ZONE TABLES
72
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
9.3
Residential Medium Density (RMD) Zone
Intent
The Residential Medium Density zone is located on significant side streets leading off Route
450. The intent of the zone is primarily to preserve the amenity of residential neighbourhoods
and accommodate new housing needs. While single dwellings will continue to predominate, it
is Council's objective to ensure housing remains affordable for all income groups and to take
advantage of possible market opportunities for higher density housing such as row housing.
Commercial uses such as home occupations, convenience stores, gas bars, and visitor rental
dwellings may be permitted if Council deems that they are compatible with existing residential
uses.
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Requlation 8.4)
(See Requlations 8.5 and 3.21)
Accessory building (See Regulation 5.2)
Antenna
Boarding house
Apartment building
Community garden
Bed and breakfast (See Regulation 5.5)
Conservation
Childcare (See Regulation 5.8)
Double dwelling
Convenience store
Home office
Crop agriculture
Mini-home
Cultural and civic
Open space
Domestic sawmill (See Regulation 5.9)
Single dwelling
Energy generation facility (See Regulation 5.10)
Subsidiary apartment (See Condition 4)
Gas bar
Transportation
Home occupation (See Regulation 5.11)
Utility
Mineral exploration (See Regulation 5.12)
Mobile vending facility
Petroleum exploration (See Regulation 5.12)
Recreational open space
Residential care home (See Regulation 5.14)
Retirement home
Row dwelling
Tiny house (See Regulation 5.18)
Visitor rental dwellinq (See Requlation 5.5)
PART 9- USE ZONE TABLES
73
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
DEVELOPMENT STANDARDS
Double
Row
STANDARD
Single
Mini-
Dwelling
Dwelling
Dwellin1:1
Home
loer unit)
(per unit)
Fully Serviced Areas municipal water and municipal sewer
Minimum lot area
470 m2
360 m2
270 m2
240 m2
Minimum lot width (frontage)
15.0 m
12.0 m
10.0 m
8.0 m
Semi Serviced Areas (one of municipal water or municipal sewer)
Minimum lot area
1400 m2
1400 m2
1400 m2
Not
Minimum lot width (frontage)
23.0 m
23.0 m
23.0 m
Permitted
Unserviced Areas (no municipal water and no municipal sewer)
Minimum lot area
1860 m2
1860 m2
Not
Not
Minimum lot width (frontage)
30.0 m
30.0 m
Permitted
Permitted
All Areas
Minimum floor area (excl. basement)
56.0 m2
56.0 m2
56.0 m2
56.0 m2
Minimum frontyard setback
Main Street (Route 450)
8.0 m
8.0 m
8.0 m
8.0 m
Except Main Street
6.0 m
6.0 m
6.0 m
6.0 m
Maximum frontvard setback
30.0 m
30.0 m
30.0 m
30.0 m
Minimum sideyard setback
Major
2.5 m
2.5 m
2.5m
2.5m
Minor
1.0 m
1.0 m
NA
NA
Minimum sideyard setback - flanking
street
Main Street (Route 450)
8.0 m
8.0 m
8.0 m
8.0 m
Except Main Street
6.0 m
6.0 m
6.0 m
6.0 m
Minimum rearyard
8.0m
4.0 m
8.0 m
8.0 m
Minimum distance between buildinqs
3.0m
3.0 m
3.0 m
3.0 m
Maximum lot coverage - all buildinas
35%
35%
35%
35%
PART 9 - USE ZONE TABLES
74
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
DEVELOPMENT STANDARDS (continued)
Apartment Buildina
Tiny
1
3
STANDARD
House
Bedroom
Bed~oom I Bedroom
Minimum lot area
150 m2
500 m2 or 100 m2 per unit,
whichever is laraer
Minimum lot width (frontaqe)
7.5 m
6.0 m per qroundfloor unit
Minimum floor area
25 m2
40 m2 per
50 m2 per I
60 m2 per
unit
unit
unit
Minimum frontyard setback
8.0m
8.0 m
Main Street (Route 450)
6.0m
7.5m
All Other Streets
Minimum sideyard
Major
2.5m
2.5 m both sides
Minor
1.0 m
Minimum sideyard setback -
flanking street
Main Street (Route 450)
8.0m
8.0 m
All Other Streets
6.0m
6.0 m
Minimum rearvard
6.0 m
8 m
Minimum distance between
buildinqs
3m
3m
Maximum lot coverage - all
40.0%
40%
buildings
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development is compatible with the uses within the Permitted Use Classes and
not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion will be subject to terms and conditions to
ensure it will not detract from the residential quality and amenities of the area.
2.
Developments that Require Municipal Water and Sewer Services
Apartment buildings, childcare, residential care homes, retirement homes, and row dwellings
will not be permitted in any area where municipal water and sewer services are not available.
3.
Onsite Services
In accordance with Regulations 4.17 and 6.6, no building permit or subdivision application will
be approved for a lot without municipal water and/or sewer services unless it meets Provincial
requirements for groundwater assessment and sanitary sewage treatment and disposal.
PART 9 - USE ZONE TABLES
75
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
4.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling. Subsidiary
apartments will not be permitted in double dwellings, row dwellings, or accessory
buildings.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-bedroom
apartment, plus an additional ten (10) square metres for each additional
bedroom.
5.
Protection of Cemeteries
No development in the Residential zone will be permitted to encroach closer than 8.0 metres
from an existing gravesite or individual grave.
6.
Backlot Development
(1)
At its discretion, Council may permit a residential backlot to be created to the rear of an
existing lot that fronts onto the street if it deems that the location is suitable, that the
backlot will be compatible with neighbouring properties, that access to the street will be
safe, and that the backlot will not prejudice the development of adjoining land.
(2)
To be approved by Council, a residential backlot must meet the following conditions:
(a)
No more than one dwelling will be permitted on a single access.
(b)
The main portion of the lot (excluding the access portion) must meet all
development standards specified in the Use Zone table, including:
(i)
Minimum lot area,
(ii)
Minimum lot width (measured at the front building line),
(iii)
Minimum frontyard setback (measured from the rear property line of the
abutting property toward the street),
(iv)
Minimum side yards, and
(v)
Minimum rear yard.
(c)
The access portion of the lot will have a minimum width of 7.0 metres at the
street line and along its entire length. Council may require a wider access if it
deems that this is necessary for proper design, emergency vehicle access, and
public safety.
(d)
The creation of the lot will not result in a reduction of the lot area, lot width, side
yards, or rear yard of the adjoining lot(s) toward the street to less than the
minimum lot development standards set out above.
PART 9 - USE ZONE TABLES
76
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
(3)
If Council deems that a proposed backlot might block access to adjoining backland, it
may require the access portion of the lot to have a minimum width of 12.2 metres in
order to accommodate future street access to the backland area.
PART 9 - USE ZONE TABLES
77
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
9.4
Future Residential Area (FRA) Zone
Intent
Land is zoned Future Residential Area to reserve areas identified as having potential for future
residential development for that purpose. No development will be permitted in the zone that
might interfere with this potential. Certain land uses that normally occur in the Rural Resource
zone may be permitted at Council's discretion as long as they do not include permanent
buildings or structures and would prevent or inhibit future residential development.
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 8.5 and 3.21)
Conservation
Crop agriculture (See Condition 3)
Open space
Forestry
Utility
Mineral exploration (See Regulation 5.12)
Petroleum exploration (See Regulation 5.12)
Recreational Open Space (See Condition 4)
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided the development would not inhibit the potential for future residential development and
would not be contrary to the general intent of the Municipal Plan and these Regulations.
2.
Built-Up Development Not Permitted
No permanent buildings, structures, roads, or significant clearing or excavation of land for the
purposes of development will be permitted in FRA zone until such time as Council has
approved a rezoning amendment to allow residential development.
3.
Crop Agriculture
A crop or livestock agriculture use, if permitted at Council's discretion, will not include any
permanent buildings or structures.
4.
Recreational Open Space
Trails are the only recreational open space uses that may be permitted.
PART 9 - USE ZONE TABLES
78
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
9.5
Mixed Development (MD) Zone
Intent
The Mixed Development zone extends through most of the built-up areas fronting onto Route
450 and its local side streets. Existing land uses include single dwellings, public buildings, and
scattered commercial and light industrial facilities.
The intent of the zone is to maintain and enhance the functional mix of uses that has evolved
over time including residential and compatible non-residential uses and to facilitate economic
opportunities related to the fishery, marine services, recreational boating, retail outlets, visitor
and catering services, and other sectors.
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See ReQulation 8.4)
(See Requlations 8.5 and 3.21)
Accessory building (See Regulation 5.2)
Antenna
Boarding house
Apartment building
Childcare (See Regulation 5.8)
Arts and crafts studio
Community garden
Bed and breakfast (See Regulation 5.5)
Conservation
Boathouse (See Condition 11)
Double dwelling
Campground (See Regulation 5.6)
Home office
Catering
Mini-home
Club and lodge
Open space
Commercial accommodations
Single dwelling
Communications
Subsidiary apartment (See Condition 6)
Construction yard
Transportation
Convenience store
Utility
Crop agriculture
Cultural and civic
Dock (See Condition 11)
Domestic sawmill (See Regulation 5.9)
Drinking establishment
Educational
Emergency service
Energy generation facility (See Regulation 5.10)
Entertainment
Funeral home
Garden centre
Gas bar
General assembly
General garage (See Regulation 5.16)
General industry
General service
Home occupation (See Regulation 5.11)
Indoor assembly
Indoor market
PART 9 - USE ZONE TABLES
79
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
Kennel (See Condition 10)
Light industry
Marina (See Condition 11)
Medical service
Medical treatment
Mineral exploration (See Regulation 5.12)
Mobile vending facility
Office
Outdoor assembly
Outdoor market
Personal service
Petroleum exploration (See Regulation 5.12)
Place of worship
Recreational open space
Recycling facility
Residential care (See Regulation 5.14)
Retirement home
Row dwelling
Service station (See Regulation 5.16)
Shop
Slipway (See Condition 11)
Stage (See Condition 11)
Take-out food service
Taxi stand
Tiny house (See Regulation 5.18)
Tourist cottage establishment (See Regulation
5.6)
Vehicle sales
Veterinary
Visitor rental dwelling (See Regulation 5.5)
PART 9 - USE ZONE TABLES
80
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
DEVELOPMENT STANDARDS
Double
Row
STANDARD
Single
Mini-
Dwelling
Dwelling
Dwellina
Home
(oer unit)
(oer unit)
Fully Serviced Areas municipal water and municioal sewer
Minimum lot area
470 m2
360 m2
270 m2
I 240 m2
Minimum lot width (frontaqe)
15.0 m
12.0 m
10.0 m
l
8.0 m
Semi Serviced Areas (one of municipal water or municioal sewer)
Minimum lot area
1400 m2
1400 m2
1400 m2
Not
Minimum lot width (frontaqe)
23.0 m
23.0 m
23.0 m
Permitted
Unserviced Areas (no municipal water and no municipal sewer)
Minimum lot area
1860 m2
1860 m2 I
Not
Not
Minimum lot width (frontaqe)
30.0 m
30.0 m
Permitted
Permitted
All Areas
Minimum floor area (excl. basement)
56.0 m2
56.0 m2
56.0 m2
56.0 m2
Minimum frontyard setback
Main Street (Route 450)
8.0m
8.0 m
8.0 m
8.0 m
All Other Streets
6.0 m
6.0 m
6.0 m
6.0 m
Maximum frontyard setback
30.0 m
30.0 m
30.0 m
30.0 m
Minimum sideyard setback
Major
2.5m
2.5 m
2.5 m
2.5 m
Minor
1.0 m
1.0 m
NA
NA
Minimum sideyard setback - flanking
street
Main Street (Route 450)
8.0m
8.0 m
8.0 m
8.0 m
All Other Streets
6.0 m
6.0 m
6.0m
6.0 m
Minimum rearyard
8.0m
4.0 m
8.0 m
8.0 m
Minimum distance between buildings
3.0m
3.0 m
3.0 m
3.0 m
Maximum lot coveraqe - all buildinqs
35%
35%
35%
35%
PART 9 - USE ZONE TABLES
81
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
DEVELOPMENT STANDARDS (continued)
Apartment BuildinQ
Tiny
1
3
STANDARD
House
Bedroom
Bed~oom I Bedroom
Minimum lot area
150 m2
500 m2 or 100 m2 per unit,
whichever is larger
Minimum lot width (frontage)
7.5 m
6.0 m per groundfloor unit
Minimum floor area
25 m2
40 m2 per
50 m
2 per I 60 m2 per
unit
unit
unit
Minimum frontyard setback
Main Street (Route 450)
8.0 m
8.0 m
All Other Streets
6.0 m
7.5 m
Minimum sideyard
Major
2.5 m
2.5 m both sides
Minor
1.0 m
Minimum sideyard setback -
flanking street
Main Street (Route 450)
8.0 m
8.0 m
All Other Streets
6.0 m
6.0 m
Minimum rearvard
6.0 m
8m
Minimum distance between
3m
3m
buildinos
Maximum lot coverage - all
40.0%
40%
buildings
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development is compatible with the uses within the Permitted Use Classes and
not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and conditions
to ensure it will not detract from the general quality and amenities of the area.
2.
Non-Residential Developments
A proposed non-residential development in the MD zone may be subject to conditions set by
Council to ensure it is compatible with neighbouring residential uses.
3.
Developments that Require Municipal Water and Sewer Services
Apartment buildings, childcare, residential care homes, retirement homes, row dwellings,
commercial residential uses, funeral homes, medical services, medical treatment centres, will
not be permitted in any area where municipal water and sewer services are not available.
PART 9 - USE ZONE TABLES
82
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
4.
Onsite Services
In accordance with Regulations 4.17 and 6.6, no building permit or subdivision application will
be approved for a lot without municipal water and/or sewer services unless it meets Provincial
requirements for groundwater assessment and sanitary sewage treatment and disposal and
has been approved by the Water Resources Management Division.
5.
Standards for Non-Residential Uses
Where a non-residential development is permitted in the MD zone:
(a)
It will meet the minimum development standards established for a single dwelling or
such higher standards as Council may require.
(b)
It will be designed and maintained to a high standard regarding safety, appearance,
and compatibility with surrounding land uses.
(c)
It will meet such other conditions that are deemed necessary by Council.
(d)
No change in the type, scale, or exterior appearance of the use will be permitted except
in accordance with a development permit and conditions set by Council.
6.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling or a commercial
building. A subsidiary apartment will not be permitted in a double dwelling or row
dwelling.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
7.
Protection of Cemeteries
No development in the MD zone will be permitted to encroach closer than 8.0 metres from an
existing gravesite or individual grave.
8.
Construction Yards and Industrial Uses
At its discretion, Council may permit a construction yard or general or light industrial use subject
to conditions to minimize negative impacts on nearby residential areas by reason of
appearance, noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare, traffic, and other
potential impacts.
9.
Hazardous and Noxious Uses
At its discretion, Council may restrict the development or location of any use or activity that
might release or emit a hazardous, noxious, or polluting substance that would affect
neighbouring properties.
PART 9 - USE ZONE TABLES
83
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
10.
Kennels
A kennel, if permitted at Council's discretion, will be subject to such terms and conditions
deemed necessary to restrict the number of dogs, cats, or other animals on the premises and
to minimize potential noise, odour, and other impacts on neighbouring land uses.
11.
Docks, Slipways, Boathouses, Stages and Marinas
(1)
At Council's discretion, a dock, slipway, boathouse, stage, or small marina may be
permitted on a coastal shoreline if the proposed location, size, and appearance are
deemed by Council to be environmentally and aesthetically acceptable, compatible with
surrounding development, and not an impediment to public access along the shoreline.
Approval will be subject to terms and conditions set by Council.
(2)
Council will not issue a permit for a dock, slipway, boathouse, or stage until necessary
Provincial permits and approvals have been obtained.
12.
Backlot Development
(1)
At its discretion, Council may permit a residential backlot to be created to the rear of an
existing lot that fronts onto the street if it deems that the location is suitable, that the
backlot will be compatible with neighbouring properties, that access to the street will be
safe, and that the backlot will not prejudice the development of adjoining land.
(2)
To be approved by Council, a residential backlot must meet the following conditions:
(a)
No more than one dwelling will be permitted on a single access.
(b)
The main portion of the lot (excluding the access portion) must meet all
development standards specified in the Use Zone table, including:
(i)
Minimum lot area,
(ii)
Minimum lot width (measured at the front building line),
(iii)
Minimum frontyard setback (measured from the rear property line of the
abutting property toward the street),
(iv)
Minimum side yards, and
(v)
Minimum rear yard.
(c)
The access portion of the lot will have a minimum width of 7.0 metres at the
street line and along its entire length. Council may require a wider access if it
deems that this is necessary for proper design, emergency vehicle access, and
public safety.
(d)
The creation of the lot will not result in a reduction of the lot area, lot width, side
yards, or rear yard of the adjoining lot(s) toward the street to less than the
minimum lot development standards set out above.
(3)
If Council deems that a proposed backlot might block access to adjoining backland, it
may require the access portion of the lot to have a minimum width of 12.2 metres in
order to accommodate future street access to the backland area.
PART 9- USE ZONE TABLES
84
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
9.6
Harbourside (HS) Zone
Intent
The Harbourside zone covers the waterfront area in Benoit's Cove. Current land uses include
fishplants, marine facilities, tourism and retail outlets, and single unit housing. Council's goal is
to promote this area for integrated fisheries, marine and tourism development where active
fisheries and marine activities will be developed as attractions to facilitate tourism. While
existing residential housing will continue as permitted uses, new housing will not be permitted.
PERMITTED USE CLASSES
(See Regulation 8.4)
Accessory building (See Condition 4 and
Regulation 5.2)
Arts and crafts studio
Boathouse
Childcare (See Regulation 5.8)
Commercial accommodations
Communications
Community garden
Conservation
Convenience stores
Cultural and civic
Dock
Educational
Existing dwelling
Fisheries facility
General service
Home office
Indoor market
Marina
Marine facility
Medical service
Office
Open space
Outdoor market
Personal service
Shop
Slipway
Stage
Subsidiary apartment (See Condition 3)
Transportation
Utility
DISCRETIONARY USE CLASSES
(See Regulations 8.5 and 3.21)
Antenna
Bed and breakfast (See Condition 4 and
Regulation 5.5)
Boarding house (See Condition 4)
Catering
Club and lodge
Commercial accommodations
Drinking establishment
Energy generation facility (See Regulation 5.10)
Entertainment
Garden centre
Gas bar
General assembly
General industry
Home
occupation
(See
Condition
4
and
Regulation 5.11)
Indoor assembly
Light industry
Mobile vending facility
Outdoor assembly
Recreational open space
Take-out food service
Tourist cottage establishment (Regulation 5.6)
Visitor rental dwelling (See Condition 4 and
Regulation 5.5)
PART 9 - USE ZONE TABLES
85
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
CONDITIONS
1.
Permitted Use Classes
Approval of a permitted use in the Harbourside zone may be subject to conditions to ensure it
will complement Council's vision for integrated fisheries, marine and tourism development in
the area.
2.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development is compatible with the uses within the Permitted Use Classes, and
not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion will be subject to terms and conditions to
ensure it will not detract from the stated intent of the zone to facilitate integrated fisheries,
marine, and tourism development.
3.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in an existing single dwelling.
Subsidiary apartments will not be permitted in double dwellings, row dwellings, or
accessory buildings.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-bedroom
apartment, plus an additional ten (10) square metres for each additional
bedroom.
4.
Accessory Buildings, Bed and Breakfasts, Boarding Houses, Home Occupations,
and Visitor Rental Dwellings
Applications for accessory buildings, bed and breakfasts, boarding houses, home occupations,
and visitor rental dwellings will be considered only for existing residential dwellings.
PART 9 - USE ZONE TABLES
86
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
9.7
Parks and Public Use (PPU) Zone
Intent
The Parks and Public Use zone refers to lands set aside for parks, protected open space,
outdoor recreational uses, cultural and civic uses, and community events and activities. The
Town Hall and surrounding recreation complex is located in the PPU zone.
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 8.5 and 3.21)
Community garden
Catering (See Condition 3)
Conservation
Cemetery
Open space (See Condition 2)
Cultural and civic
Transportation
Dock (See Condition 4)
Utility
General assembly
Indoor assembly
Mobile vending facility (See Condition 3)
Outdoor assembly
Outdoor market (See Condition 3)
Recreational open space
Slipway (See Condition 4)
Take-out food service (See Condition 3)
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the Permitted Use Classes and not contrary
to the general intent of the Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will not
detract from the general intent of this zone.
2.
Buildings and Structures Associated with Open Space
Buildings and structures customarily associated with open space uses (e.g., viewing platforms,
gazebos, public toilets, picnic shelters) will be permitted.
3.
Catering, Take-out Food Services, Outdoor Markets, and Mobile Vending
Facilities
Catering, take-out food services and outdoor markets may be permitted only as accessory uses
to a main use such as a cultural or assembly use.
4.
Docks and Slipways
Approval of a dock or slipway may be subject to conditions set by Council related to location,
size, and appearance to ensure a proposed development is aesthetically acceptable and
compatible with its surroundings.
PART 9 - USE ZONE TABLES
87
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
7.
Protection of Cemeteries
No development in the PPU zone will be permitted to encroach closer than 8.0 metres from an
existing gravesite or individual grave.
PART 9- USE ZONE TABLES
88
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
9.8
Rural Residential (RR) Zone
Intent
The Rural Residential zone includes land fronting onto Route 450 mainly in the northern areas
of the town. The zone allows for rural housing mixed with economic activity. Approval of new
development will be subject to Provincial approval under the Protected Road Zoning
Regulations. At Council's discretion commercial and light industrial development uses may be
permitted either as accessory uses to residential development or as stand-alone operations.
Properties in this area do not have piped municipal services nor does Council intend to extend
such services to the area.
PERMITTED USE CLASSES
(See Requlation 8.4)
Accessory building (See Regulation 5.2)
Bed and breakfast (See Regulation 5.5)
Community garden
Conservation
Crop agriculture
Open space
Single dwelling
Subsidiary apartment (See Condition 4)
Transportation
Utility
DISCRETIONARY USE CLASSES
(See Requlations 8.5 and 3.21)
Antenna
Arts and craft studio
Campground (See Regulation 5.6)
Catering
Construction yard
Domestic sawmill (See Regulation 5.9)
Energy generation facility
Garden centre
General service
Home occupation (See Regulation 5.11)
Indoor market
Kennel (See Condition 5)
Light industry
Livestock agriculture (See Regulation 5.4)
Mineral exploration (See Regulation 5.12)
Mobile vending facility
Outdoor market
Personal service
Petroleum exploration (See Regulation 5.12)
Recreational open space
Shop
Take-out food service
Tourist cottage establishment (See Regulation
5.6)
Veterinary
Visitor rental dwelling (See Regulation 5.5)
PART 9 - USE ZONE TABLES
89
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
DEVELOPMENT STANDARDS
STANDARD
Sinale Dwellina
Minimum lot area
1,860 m2
Minimum lot frontaqe
30.0 m
Minimum frontyard
15.0 m
Minimum sidevard (each side)
3.0 m + 3.0 m
Minimum sidevard flankinq street
8.0 m
Minimum rearyard
12.0 m
Maximum lot coveraqe
33.0%
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes may be permitted at Council's discretion provided the
development is compatible with the uses within the Permitted Use Classes and not contrary to
the general intent of the Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to public consultation and terms and conditions
to ensure it will be compatible with surrounding land uses and will not detract from the general
residential and environmental quality and amenities of the area.
2.
Protected Road Zoning Regulations
Council will not approve any development fronting onto Route 450 except where a permit has
also been granted by the Province under the Protected Road Zoning Regulations.
3.
Onsite Services
In accordance with Regulations 4.17 and 6.6, no building permit or subdivision application will
be approved for a lot without municipal water and/or sewer services unless it meets Provincial
requirements for groundwater assessment and sanitary sewage treatment and disposal and
has been approved by the Water Resources Management Division.
4.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-bedroom
apartment, plus an additional ten (10) square metres for each additional
bedroom.
PART 9- USE ZONE TABLES
90
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
5.
Kennels
A kennel, if approved by Council, may be subject to terms and conditions deemed necessary
to restrict the number of animals on the premises and to minimize potential noise, odour, and
other impacts on neighbouring land uses.
PART 9 - USE ZONE TABLES
91
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
9.9
Seasonal Residential (SR) Zone
Intent
The Seasonal Residential zone is in various locations of the Planning Area. The intent of the
zone is to recognize existing and accommodate future recreational cottage areas. Seasonal
cottages are the primary use of land in the zone.
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Requlation 8.4)
(See Requlations 8.5 and 3.21)
Accessory building (See Regulation 5.2)
Crop agriculture
Community garden
Mineral exploration (See Regulation 5.12)
Conservation
Petroleum exploration (See Regulation 5.12)
Open space
Recreational open space
Seasonal dwelling
Transportation
Utility
DEVELOPMENT STANDARDS
STANDARD
Single Dwelling
Minimum lot area
1,860 m2
Minimum lot frontaqe
30.0m
Minimum frontyard
10.0 m
Minimum sidevard (each side)
3.0 m + 3.0 m
Minimum sideyard flankinq street
8.0 m
Minimum rearvard
12.0 m
Maximum lot coveraqe
33.0%
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes may be permitted at Council's discretion provided the
development is compatible with the uses within the Permitted Use Classes and not contrary to
the general intent of the Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to public consultation and terms and conditions
to ensure it will be compatible with surrounding land uses and will not detract from the
residential and environmental quality and amenities of the area.
2.
Exemption from Street Frontage Requirement
At Council's discretion, approved buildings in this zone may be exempted from Regulation
4.12 of these Regulations except where land is located within the building control lines of a
Provincial protected road or other public street,
PART 9 - USE ZONE TABLES
92
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
3.
Road Upkeep and Maintenance
Council will not be responsible for maintaining access roads to cottage areas in the Seasonal
Residential zone.
PART 9-USE ZONE TABLES
93
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
9.10 Rural Resource (RUR) Zone
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 8.5 and 3.21)
Antenna
Campground
Community garden
Cemetery (See Condition 7)
Conservation
Construction yard (See Condition 4)
Crop agriculture
General industrial (See Condition 4)
Energy generation facility (See Regulation 5.10) Light industrial (See Condition 4)
Forestry
Livestock agriculture (See Regulation 5.4)
Mineral exploration (See Regulation 5.12)
Mineral working (See Regulation 5.13)
Open space
Mining
Petroleum exploration (See Regulation 5.12)
Outdoor market (See Condition 6)
Transportation (See Condition 3)
Petroleum extraction
Utility
Recreational open space
Salvage yard (See Regulation 5.15)
Shop (See Condition 6)
Single dwelling (See Condition 2)
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use Classes
and is not contrary to the general intent of the Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will be
reasonably compatible with surrounding land uses and will not detract from the general quality
and amenities of the area.
2.
Single Dwelling
At its discretion, Council may permit a single dwelling that is accessory to a commercial
agricultural use, subject to the following:
(a)
It is demonstrated to Council's satisfaction that the agriculture use is a bona fide
commercial operation from which the owner derives a major portion of his or her
income, and
(b)
It is demonstrated to Council's satisfaction that full-time habitation on the site is
necessary for the feasible operation of the agricultural use.
(c)
The dwelling will be subject to such terms and conditions as deemed
appropriate by
Council.3.
Resource Roads
PART 9 - USE ZONE TABLES
94
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
Forest resource roads will be permitted only in accordance with the forest management plans
of the Department of Fisheries, Forestry and Agriculture and Corner Brook Pulp and Paper Ltd.
Approval of other types of resource roads may be subject to conditions set by Council.
4.
Construction Yards and Industrial Uses
At its discretion, Council may permit a construction yard or general or light industrial use that
is clearly accessory to an agricultural, forestry, or mineral working use, or that meets the
following criteria:
(a)
The use is unsuitable for a built-up area by reason of appearance, noise, vibration,
smell, fumes, smoke, grit, soot, ash, dust, or glare.
(b)
The use requires large outdoor areas for open storage and handling of materials, goods,
and equipment.
(c)
The use is capable of being serviced by on-site water and sewage services if such
services are needed.
(d)
The use can be screened from public streets and lands designated for urban uses.
(e)
The use generates low volumes of traffic.
(f)
The use will have no deleterious effects on the environment.
(g)
The use does not include warehousing, wholesale, or retail activities.
(h)
The use will be subject to such other terms and conditions as deemed appropriate by
Council.
5.
Hazardous and Noxious Uses
Council may restrict the development or location of any use or activity that might release or
emit a hazardous or noxious substance that would affect neighbouring properties.
6.
Outdoor Markets and Shops
At its discretion, Council may permit an outdoor market or shop as an accessory use to a
bonafide farm, campground, or recreational open space use, provided that Council deems that
the proposed use will be integral and complementary to the main use.
7.
Cemetery
(1)
A cemetery, if permitted at Council's discretion, will be subject to such terms and
conditions, as Council deems appropriate.
(2)
An application to develop or expand a cemetery must be accompanied by a site design
plan for Council's consideration. The site plan will illustrate the location of the cemetery,
access points, landscaping, and buffers with adjacent properties.
8.
Protection of Existing Cemeteries
No development in the Residential zone will be permitted to encroach closer than 8.0 metres
from an existing gravesite or individual grave.
PART 9 - USE ZONE TABLES
95
TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS
9.
Exemption from Street Frontage Requirement
At Council's discretion, approved buildings in this zone may be exempted from Regulation
4.12 of these Regulations except where land is located within the building control lines of a
Provincial protected road or other public street,
PART 9 - USE ZONE TABLES
96
APPENDICES
97
98
APPENDIX A- LAND USE ZONING MAPS
(SEE MAP INSERTS}
99
100
\.
APPENDIX B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
101
APPENDIX B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
This Classification is intended to assist in the interpretation of types of uses within the use
classes listed in the Use Zone Tables in Part 9 of these Regulations. Examples included in the
following tables are not exhaustive. They are used to illustrate typical types of developments
within a use class.
GROUP
CLASS
EXAMPLES
RESIDENTIAL
Single Dwelling
Single detached dwellings
USES
Double Dwelling
Semi-detached dwellings, duplex dwellings
Row Dwelling
Townhouses, row dwellings
Mini-home
Mini-homes
Apartment Building
Apartment buildings
Tiny House
Tiny houses
Collective Residential
Educational residences, nurse residences,
worker accommodations
Subsidiary Apartment
Basement apartments, in-law suites
Boarding House
Boarding houses
Bed and Breakfast
Bed and breakfast
Visitor Rental
Visitor rental dwelling
Dwellinq
Residential Care
Seniors housing, personal care homes,
nursina homes, aroup homes
Retirement Home
Seniors apartment buildings and
townhouses, retirement cottaqes
Seasonal Dwelling
Cabins, cottages
Home Occupation
Home occupations
Home Office
Home offices
Accessory Building
Sheds, garages, greenhouses, root cellars,
personal livestock shelters, portable shelters
Domestic Sawmill
Domestic (non-commercial) sawmills
102
GROUP
CLASS
EXAMPLES
COMMERCIAL
Arts and Crafts Studio
Arts and crafts studios, arts, and craft shops
USES
Campground
Campgrounds, trailer parks, RV parks
Catering
Restaurants, coffee shops, bake shops
Commercial
Hotels, motels, inns.
Accommodations
Communications
Radio stations, television stations
Convenience Store
Convenience stores
Drinking Establishment
Bars, pubs, nightclubs, lounges
Entertainment
Games arcades, poolrooms, bowling alleys,
youth centres, movie theatres, theatres
Funeral Home
Funeral homes and chapels
Garden Centre
Greenhouses, nurseries
Gas Bar
Gas bars
General Garage
Repairs and services for vehicles and
equipment
General Service
Car washes, laundromats, tools, and
appliances.
Indoor Market
Farmer markets, exhibition halls, flea markets
Kennel
Kennels
Clinics, medical offices, dental offices,
Medical Service
physiotherapy offices, chiropractor offices,
optometrist offices
Mobile Vending Facility
Chip trucks, hotdog stand, ice cream carts,
craft tables
Office
Professional offices, law offices, business
offices, banks, qovernment offices
Outdoor Market
Fish markets, market grounds, flea markets,
produce stands, outdoor farmer markets
Beauty
parlours,
pet
grooming,
gyms,
Personal Service
computer
services,
hobby shops,
photo
studios, taxi stands.
Recycling Facility
Bottle recycling centres, metal recyclers
Service Station
Gas stations, general garages, tire sales and
repairs, auto parts sales, car washes.
103
Retail shops, showrooms, supermarkets,
Shop
convenience stores, gift shops, specialty
shops
Shopping Centre
Shopping centres
Take-out Food Service
Take-out restaurant, food stand, mobile
canteen
Taxi Stand
Taxi stands
Tourist Cottage
Tourist cottages establishments
Establishment
Vehicle Sales and
Automobile dealerships, recreational vehicle
Services
dealerships, heavv equipment dealershios
Veterinary
Veterinary clinics
104
GROUP
CLASS
EXAMPLES
,
Cemetery
Cemeteries
INSTITUTIONAL,
Daycare centres, home childcare services,
ASSEMBLY AND
Childcare
PUBLIC USES
early childhood education services
Club and lodge
Service club, private club, lodge (non-
residential)
Cultural and Civic
Art galleries, municipal offices, libraries,
museums, interpretive centres, studios
Educational
Schools, colleges, training centres
Emergency Service
Police stations, fire stations, ambulance
service
General Assembly
Community halls, lodge halls, dance halls,
exhibition halls, qymnasia, auditoria
Indoor Assembly
Recreation centres, arenas, ice rinks,
armouries, fitness clubs, bowlinq alleys
Medical Treatment
Hospitals, medical care centres, medical
clinics
Bleachers, grandstands, outdoor ice rinks,
Outdoor Assembly
amusement parks, fairgrounds, exhibition
qrounds, drive-in theatres
Passenger Assembly
Airport terminals, bus stations
Penal and Correctional
Jails, prisons, reformatories, group homes
Detention
Place of Worship
Churches and similar places of worship,
church halls
Residential Care
Seniors housing, personal care homes,
nursinq homes, qroup homes
GROUP
CLASS
EXAMPLES
Buffer strips, watersheds, protected sensitive
CONSERVATION
Conservation
areas (e.g., steep slopes, wetlands, wildlife
AND
habitat)
OPEN SPACE
Open Space
Parks, trails, boardwalks, protected green
USES
areas, picnic areas
Recreational Open
Sports fields, running tracks, playgrounds,
Space
outdoor skatinq rinks, qolf courses, doq parks
Target Shooting
Target shooting ranges
Range
Community Garden
Community gardens
105
GROUP
CLASS
EXAMPLES
Vegetable and hay farms, hobby farms, market
NATURAL
Crop Agriculture
gardens, community gardens, nurseries,
RESOURCE USES
qreenhouses
Forestry
Forest harvesting, silviculture, forest access
roads
Livestock Agriculture
Livestock barn, dairy farm, grazing land
Mineral Exploration
Mineral exploration and associated activities
(e.Q., access roads, rock drillinq)
Mineral Working
Pits, quarries, washing plants, screening
olants, crushers
Mining
Mineral extraction, ore stockpiles, mineral
processinq plants
Petroleum exploration
Petroleum exploration and associated activities
(e.a., access roads, rock drillina)
Petroleum extraction
Petroleum extraction and associated activities
(e.a., tanks, pipinq, pipelines
GROUP
CLASS
EXAMPLES
Fisheries Facility
Wharves, stages, slipways, fishplants,
INDUSTRIAL USES
aauaculture facilities, ice-makinq facilities
Factories, cold storage plants, bulk storage
General Industry
facility, freight depots, planing mills,
construction yards
Bulk storage of hazardous liquids and
Hazardous Industry
substances, chemical plants, distilleries
feed mills, spray paintina shops
Workshops, light industry, indoor storage
Light Industry
centres, warehouses, greenhouses, recycling
deoots, workshops, qeneral aaraaes
Marine Facility
Wharves, loading docks, shipyards, slipways,
refuellinq services, marine reoair services
Salvage Yard
Car wrecking yards, junk yards, salvage yards,
scrao dealers
Construction Yard
Construction yards, equipment storage,
aaareqate storaae, buildinq materials storage
106
GROUP
CLASS
EXAMPLES
TRANSPORTATION
Transportation
Roads, bridges, marine structures, airfields
AND
Marina
Marinas, boathouses, docks, moorings, slips,
UTILITY USES
boat refuellinq and repair services
Antenna
Communications towers, transmitting and
receivinq masts and antenna
Dock
Recreational docks, slipways, and stages
Boathouse
Boathouses
Stage
Stages
Energy Generation
Wind generators, solar generators, small hydro
Facility
qenerators, heating plants
Hydro plants, electrical transmission lines,
Utility
electrical power substations, telephone
exchanges, sewage treatment plants, sewer
outfalls, pipelines
Water Utility
Water intakes, treatment facilities, pipelines
Solid Waste Utility
Landfill sites, recycling facilities
107
108
APPENDIX C
OFFSTREET LOADING AND PARKING REQUIREMENTS
109
APPENDIX C - OFFSTREET LOADING AND PARKING REQUIREMENTS
1.
Off-Street Loading Requirements
(1)
Where Council deems necessary, for every building, structure or use requiring
the shipping, loading, or unloading of animals, goods, wares or merchandise,
one or more loading spaces will be provided and maintained on the lot
measuring at least 15 metres long and 4 metres wide with a vertical clearance
of at least 4 metres. The space will have direct access to a public street or to a
driveway of a minimum width of 6 metres that connects to a public street.
(2)
The number of loading spaces to be provided will be determined by Council.
(3)
The loading spaces required by this Regulation will be designed so that vehicles
can manoeuvre clear of any street and so that it would not be necessary for any
vehicle to reverse onto or from a street.
2.
Parking Area Standards
(1)
For the purposes of this Regulation,
Parking Area means a designated area of land on a lot for off-street parking.
Parking Space means a designated space in a parking area or driveway
adequate to park one automobile with room to open doors on both sides,
together with related manoeuvring room and access to a public street.
(2)
For every building, structure or use to be erected or enlarged, there shall be
provided and maintained a quantity of off-street parking spaces sufficient to
ensure that the flow of traffic on adjacent streets is not impeded by on-street
parking of vehicles associated with that building, structure, or use.
(3)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Appendix C, except as
otherwise modified by PART 9 of these Regulations.
(4)
Each parking space, except in the case of a single or attached dwelling, will be
made accessible by means of a right-of-way at least 3 metres wide.
(5)
Residential parking spaces shall be provided on the same lot as the dwelling or
dwellings. Parking space for apartment buildings will be provided in the rear
yard where possible.
(6)
Non-residential parking spaces shall be provided not more than 200 metres
distance from the use for which the parking is required.
110
(7)
The parking facilities required by this Regulation will, except in the case of single
or attached dwellings, be arranged so that it is not necessary for any vehicle to
reverse onto or from a street.
(8)
Where Council permits parking perpendicular to the curb, the minimum
dimensions of each parking space will be as follows:
2.5 metres
7.5 metres
7.0 metres
7.0 metres
Where Council permits parking parallel to the curb, the minimum length of the
space will be 7.0 metres and the aisle width will be at least 4 metres, or more if
deemed necessary by Council.
For any other parking lot configuration, the requirements shall as be as specified
by Council, but in no instance shall the requirements be less than that specified
for perpendicular parking spaces.
(9)
Other requirements for parking areas are as follows:
(a)
The parking area will be constructed and maintained to the
specifications of Council,
(b)
Lights for illumination of the parking area will be arranged so as to divert
the light away from adjacent development,
(c)
Except on a service station or industrial lot, no gasoline pump or other
service station equipment will be located or maintained in a parking area,
(e)
No part of any off-street parking area will be closer than 1.5 metres from
the street line in any zone,
(f)
Where Council deems that strict application of the parking requirements
is impractical or undesirable, Council may as a condition of a permit
require the developer to pay a service levy in lieu of the provision of a
parking area, and Council will use the full amount of the levy for the
provision and upkeep of alternative parking facilities within the vicinity of
the development.
3.
Off-Street Parking Requirements
(1)
The off-street parking requirements for the various use classes set out in
Appendix B will be as set out in the following table, except as otherwise set out
in PART 9. In the case of developments that include more than one use class,
these standards shall be regarded as cumulative.
(2)
Adequate off-street provision for the drop-off and pick-up of persons will be
provided on the same lot as the development unless otherwise stipulated by
Council.
111
(3)
The number of spaces to be provided for off-street parking will be in accordance
with the following table.
OFF-STREET PARKING SPACE REQUIREMENTS
CLASS
MINIMUM SPACES
MAXIMUM SPACES
Theatre
1.0 per 6 seats.
N/A
Cultural and Civic
1.0 per 60 m2 of gross floor areas.
N/A
General Assembly
1.0 oer 15 m2 of qross floor area.
N/A
Schools - 2.0 per classroom.
Educational
Other educational - 1.0 per 5 stud-
N/A
ents, faculty and staff.
Place of Worshio
1.0 per 6 seats.
N/A
Passenger
As specified by Council.
N/A
Assembly
Club and Lodge
1.0 per 3 persons of permitted
N/A
occupancy
Catering
1 .0 per 3 persons of permitted
N/A
occupancy
Funeral Home
1.0 per 12 m2 of aross floor area.
N/A
Child Care
1.0 oer 30 m2 of qross floor area
N/A
Amusement
1.0 oer 15 m2 of gross floor area.
N/A
Outdoor Assembly
As specified by Council.
N/A
Campqround
As specified by Council.
N/A
Sinale Dwellinq
2.0 per dwellina unit
4.0 per dwellinq unit
Double Dwellinq
2.0 per dwellinq unit
3.0 oer dwellina unit
Row Dwellina
2.0 per dwellinq unit
3.0 oer dwellina unit
Aoartment Buildina
1.5 per dwellina unit
2.5 per dwellina unit
Residential care
1.0 per 2 residents
As specified by Council.
Bed and Breakfast
As required for the dwelling
As required for dwelling
plus 1.0 per guest room
plus 1.5 per quest room
Boarding House
As required for the dwelling
As required for dwelling
plus 0.8 per quest room
plus 1.5 per auest room
Commercial
1.0 per guest room.
2.0 per guest room
Residential
Office
1.0 oer 25 m2 of gross floor area.
N/A
Medical and
1.0 per 25 m2 of gross floor area.
N/A
Professional
Outdoor Market
As specified by Council.
N/A
Convenience Store
1.0 oer 20 m2 of gross floor area.
N/A
General and
As specified by Council, but not less
hazardous industry
than 1.0 per 100 m2 of gross floor
N/A
area.
Service Station
1.0 oer 20 m2 of aross floor area.
N/A
Light Industry
As specified by Council but not less
than 1.0 per 50 m2 of gross floor area.
N/A
112
APPENDIX D
PROVINCIAL DEVELOPMENT REGULATIONS
113
APPENDIX D-PROVINCIAL DEVELOPMENT REGULATIONS
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. John's, January 2, 2001 .
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1 . Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11 . Board decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
114
Short title
1.
These regulations may be cited as the Development Regulations.
Definitions
2.
In these regulations,
(a)
"Act", unless the context indicates otherwise, means the Urban and Rural
Planning Act, 2000 ;
(b)
"applicant" means a person who has applied to an authority for an approval or
permit to carry out a development;
(c)"
authority" means a council, authorized administrator or regional authority; and
(d)
"development regulations" means these regulations and regulations and by-
laws respecting development that have been enacted by the relevant authority.
Application
3.
(1) These regulations shall be included in the development regulations of an
authority and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations
or other regulations of an authority, these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
Interpretation
4.
(1) In development regulations and other regulations made with respect to a
planning area the following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from a street to adjacent or nearby land or to go from that land to the
street;
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, located on the same
lot as the main building to which it is an accessory and which has a use that is customarily
incidental or
complementary to the main use of the building or land,
115
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming
pools, greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for
domestic pets or radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
(c)
"accessory use" means a use that is subsidiary to a permitted or discretionary
use and that is customarily expected to occur with the permitted or discretionary use;
(d)
"building height" means the vertical distance, measured in metres from the
established grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or gambrel
roof, and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof;
(e)
"building line" means a line established by an authority that runs parallel to a
street line and is set at the closest point to a street that a building may be placed;
(f)
"discretionary use" means a use that is listed within the discretionary use
classes established in the use zone tables of an authority's development regulations;
(g)
"established grade" means,
(i)
where used in reference to a building, the average elevation of the finished
surface of the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average
elevation of the finished grade of the ground immediately surrounding the structure, exclusive
of any artificial embankment or entrenchment;
(h)
"floor area" means the total area of all floors in a building measured to the
outside face of exterior walls;
(i)
"frontage" means the horizontal distance between side lot lines measured at
the building line;
U)
"lot" means a plot, tract or parcel of land which can be considered as a unit of
land for a particular use or building;
116
(k)
"lot area" means the total horizontal area within the lines of the lot;
(I)
"lot coverage" means the combined area of all building on a lot measured at
the level of the lowest floor above the established grade and expressed as a percentage of
the total area of the lot;
(m)
"non-conforming use" means a legally existing use that is not .listed as a
permitted or discretionary use for the use zone in which it is located or which does not meet
the development standards for that use zone;
(n)
"owner" means a person or an organization of persons owning or having the
legal right to use the land under consideration;
(o)
"permitted use" means a use that is listed within the permitted use classes set
out in the use zone tables of an authority's development regulations;
(p)
"prohibited use" means a use that is not listed in a use zone within the
permitted use classes or discretionary use classes or a use that an authority specifies as not
permitted within a use zone;
(q)
"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;
(r)
"rear yard depth" means the distance between the rear lot line and the rear
wall of the main building on a lot;
(s)
"side yard depth" means the distance between the side lot line and the nearest
side wall of a building on the lot;
(t)
"street" means a street, road, highway or other way designed for the passage
of vehicles and pedestrians and which is accessible by fire department and other emergency
vehicles;
(u)
"street line" means the edge of a street reservation as defined by the authority
having jurisdiction;
(v)
on a lot;
"use" means a building or activity situated on a lot or a development permitted
(w)
"use zone" or "zone" means an area of land including buildings and water
designated on the zoning map to which the uses, standards and conditions of a particular use
zone table apply;
117
(x)
"variance" means a departure, to a maximum of 10% from the yard, area, lot
coverage, setback, size, height, frontage or any other numeric requirement of the applicable
Use Zone Table of the authority's regulations; and
(y)
"zoning map" means the map or maps attached to and forming a part of the
authority's regulations.
(2)
An authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the authority's regulations as
discretionary, permitted or prohibited uses for that area.
Notice of right to appeal
5.
Where an authority makes a decision that may be appealed under section 42
of the Act, that authority shall, in writing, at the time of making that decision, notify the person
to whom the decision applies of the
(a)
person's right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6.
(1) The secretary of the board at the Department of Municipal and Provincial
Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld.,
A 1 B 4J6 is the secretary to all boards in the province and an appeal filed with that secretary
within the time period referred to in subsection 42(4) of the Act shall be considered to have
been filed with the appropriate board.
(2)
Notwithstanding subsection (1 ), where the City of Corner Brook , City of Mount
Pearl or City of St. John's appoints an appeal board under subsection 40(2) of the Act, an
appeal shall be filed with the secretary of that appointed board.
(3)
The fee required under section 44 of the Act shall be paid to the board that
hears the decision being appealed by filing it with the secretary referred to in subsection (1)
or (2) within the 14 days referred to in subsection 42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection
44(3) of the Act, retain the fee paid to the board.
118
(5)
Where an appeal of a decision and the required fee is not received by a board
in accordance with this section and Part VI of the Act, the right to appeal that decision shall
be considered to have been forfeited.
Appeal registration
7.
(1) Upon receipt of an appeal and fee as required under the Act and these
regulations, the secretary of the board as referred to in subsections 6(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall notify
the appropriate authority of the appeal and shall provide to the authority a copy of the appeal
and the
documentation related to the appeal.
(3)
Where an authority has been notified of an appeal that authority shall forward
to the appropriate board a copy of the application being appealed, all correspondence,
council minutes, plans and other relevant information relating to the appeal including the
names and addresses of the applicant and other interested persons of whom the authority
has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the
board shall publish in a newspaper circulated in the area of the appropriate authority, a notice
that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2
weeks before the date upon which the appeal is to be heard by the board.
Development prohibited
8.
(1) Immediately upon notice of the registration of an appeal the appropriate
authority shall ensure that any development upon the property that is the subject of the
appeal ceases.
(2)
Sections 102 and 104 of the Act apply to an authority acting under subsection
( 1 ).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, an authority shall not carry out work related to the matter
being appealed.
Hearing notice and meetings
9.
(1) A board shall notify the appellant, applicant, authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal not fewer than
7 days before the date scheduled for the hearing of the appeal.
119
(2)
A board may meet as often as is necessary to conduct its work in an
expeditious manner.
Hearing of evidence
10.
(1) A board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under subsection 9(1) or their representative may
appear before the board and make representations with respect to the matter being
appealed.
(2)
A board shall hear an appeal in accordance with section 43 of the Act and
these regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit
to and viewing of a property shall be considered to have been provided in the same manner
as evidence directly provided at the hearing of the board.
(4)
evidence.
In the conduct of an appeal hearing, the board is not bound by the rules of
Board decision
11.
A decision of the board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
Variances
12.
(1) Where an approval or permit cannot be given by an authority because a
proposed development does not comply with development standards set out in development
regulations, an authority may, in its discretion, vary the applicable development standards to
a maximum of 10% if, in the authority's opinion, compliance with the development standards
would prejudice the proper development of the land, building or structure in question or would
be contrary to public interest.
(2)
An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances
made or to be made with respect to the same land, building or structure, would have a
cumulative effect that is greater than a 10% variance even though the individual variances
are separately no more than 10%.
(3)
An authority shall not permit a variance from development standards where
the proposed development would increase the non-conformity of an existing development.
120
Notice of variance
13.
Where an authority is to consider a proposed variance, that authority shall give
written notice of the proposed variance from development standards to all persons whose
land is in the immediate vicinity of the land that is the subject of the variance.
Residential non conformity
14.
A residential building or structure referred to in paragraph 108(3)(g) of the Act
must, where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and
development regulations applicable to that building or structure.
Notice and hearings on change of use
15.
Where considering a non-conforming building, structure or development under
paragraph 108(3)(d) of the Act and before making a decision to vary an existing use of that
nonconforming building, structure or development, an authority, at the applicant's expense,
shall publish a notice in a newspaper circulating in the area or by other means give public
notice of an application to vary the existing use of a non-conforming building, structure or
development and shall consider any representations or submissions received in response to
that advertisement.
Non-conformance with standards
16.
Where a building, structure or development does not meet the development
standards included in development regulations, the building, structure or development shall
not be expanded if the expansion would increase the non-conformity and an expansion must
comply with the development standards applicable to that building, structure or development.
Discontinuance of non-conforming use
17.
An authority may make development regulations providing for a greater period
of time than is provided under subsection 108(2) of the Act with respect to the time by which
a discontinued non-conforming use may resume operation.
Delegation of powers
18.
An authority shall, where designating employees to whom a power is to be
delegated under subsection 109(3) of the Act, make that designation in writing.
121