Indian Bay, Newfoundland and Labrador
· adopted 2019-09-09
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Town of Indian Bay
Development Regulations
2019-2029
Prepared for
Prepared by
The Town of Indian Bay
Baird Planning Associates
October 2019
Urban and Rural Planning Act 2000
Resolution to Adopt
Town of Indian Bay Development Regulations
2019 - 2029
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the
Town Council of Indian Bay adopts the Indian Bay Development Regulations.
Adopted by the Town Council of Indian Bay on the 9th day of September 2019 .
Signed and sealed this 15 day of O d
.....
2019
Mayor:
Christa Lane
(Council Seal)
Clerk
~~- £..f'<o<m,\
Triffie P ons
Canadian Institute of Planners Certification
I certify that the attached Municipal Plan has been prepared in accordance with
the requirements of the Urban and Rural Planning Act, 2000.
~J___ IZ,. ~
John aird, MCIP
Urban and Rural Planning Act, 2000
Resolution to Approve
Town of Indian Bay Development Regulations
2019 - 2029
Under the authority of Section 16, Section 17, and Section 18 of the Urban and
Rural Planning Act, 2000, the Town Council of Indian Bay
(a) Adopted by the Indian Bay Municipal Plan on the 9th day of September 2019.
(b) Gave notice of the adoption of the Indian Bay Municipal Plan by advertisement
inserted in the Central Voice newspaper on the 18th day and the 25th day of
September 2019.
(c) Set the 7th day of October 2019 at the Town Hall, Indian Bay for the holding of a
public hearing to consider objections and submissions.
SIGNED AND SEALED this / 1{ day of Oc,:i
2019.
Mayor:
Christa Lane
(Council Seal)
Den io pm en I Rc!!ulations/. \mc11dmc11 l
REGISTERED
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PART 1:
1. 1
1.2
1.3
1.4
1.5
1.6
Table of Contents
APPL/CATION ................................................................................................ 1
Title ............................................................................................................................ 1
Interpretation .............................................................................................................. 1
Commencement. ........................................................................................................ 1
Municipal Regulations and Codes ............................................................................. 1
Council ....................................................................................................................... 1
Provincial Development Regulations ......................................................................... 1
PART 2: DEFINITIONS ................................................................................................. 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
PART 4:
4.1
4.2
4.3
4.4
4.5
GENERAL REGULATIONS .......................................................................... 22
Compliance with Regulations ................................................................................... 22
Permit Required ....................................................................................................... 22
Permit to be Issued .................................................................................................. 22
Permit Not to be Issued in Certain Cases ................................................................ 22
Discretionary Powers of Council .............................................................................. 22
Variances ................................................................................................................. 23
Non-Conforming Uses ............................................................................................. 23
Service Levy ............................................................................................................ 25
Financial Guarantees by Developer ......................................................................... 25
Dedication of Land for Public Use ............................................................................ 25
Restoration of Land .................................................................................................. 26
Form of Application .................................................................................................. 26
Register of Applications ........................................................................................... 26
Deferment of Application .......................................................................................... 26
Approval in Principle ................................................................................................ 26
Development Permit ................................................................................................ 27
Temporary Use Permit. ............................................................................................ 28
Permit Fees .............................................................................................................. 28
Compliance with Legislation .................................................................................... 28
Reasons for Refusing or Setting Conditions on a Permit.. ....................................... 29
Notice of Application ................................................................................................ 29
Delegation of Powers ................................................................................................ 30
Right of Entry ........................................................................................................... 30
Record of Violations ................................................................................................. 30
Stop Work Order and Prosecution ........................................................................... 30
Notice of Right to Appeal ......................................................................................... 30
Appeals .................................................................................................................... 30
Return of Appeal Fee ............................................................................................... 31
GENERAL DEVELOPMENT STANDARDS .................................................. 32
Accesses and Service Streets ................................................................................. 32
Archaeological Sites ................................................................................................ 32
Industrial Use Buffers ............................................................................................... 32
Watercourses and Wetlands .................................................................................... 32
Building Lines and Setbacks .................................................................................... 33
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
PART 5:
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
PART6:
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
Multiple Uses on One Lot.. ....................................................................................... 34
Main Buildings on a Lot. ........................................................................................... 34
Lot Area ................................................................................................................... 34
Lot Area and Size Exceptions .................................................................................. 35
Street Frontage ........................................................................................................ 35
Offensive and Dangerous Uses ............................................................................... 35
Screening and Landscaping .................................................................................... 35
Public Services and Utilities ..................................................................................... 35
Land Capability for Development.. ........................................................................... 35
Site Excavation and Infilling ..................................................................................... 36
Street Construction Standards ................................................................................. 36
Sight Lines at Intersections ...................................................................................... 36
Protected Provincial Road ....................................................................................... 36
Fire Hydrant, Manhole and Lift Station Buffers ........................................................ 37
Habitat Conservation ............................................................................................... 37
SPECIFIC USE REGULATIONS .................................................................. 38
Access Ramps ......................................................................................................... 38
Accessory Buildings ................................................................................................. 38
Accessory Structures ............................................................................................... 40
Accessory Uses ( ..................................................................................................... 40
Agriculture - Commercial Livestock Facilities .......................................................... 40
Bed and Breakfasts (B&Bs) and Visitor Rental Dwellings ....................................... 41
Campgrounds and Tourist Cottage Establishments ................................................ 42
Childcare Services ................................................................................................... 44
Energy Generation Facilities .................................................................................... 44
Fences ..................................................................................................................... 44
Home Occupations .................................................................................................. 45
Mineral and Petroleum Exploration .......................................................................... 45
Mineral Workings ..................................................................................................... 46
Personal Livestock Use on Residential Lots ............................................................ 48
Residential Care Homes .......................................................................................... 50
Salvage Yards .......................................................................................................... 51
Service Stations and General Garages ................................................................... 51
Storage and Scrapping of Car Wrecks and Salvage Materials ................................ 51
SUBDIVISION OF LAND .............................................................................. 52
Application of Part 6 ................................................................................................. 52
Subdivision Permit Required .................................................................................... 52
Services to be Provided ........................................................................................... 52
Payment of Service Levies and Other Charges ....................................................... 52
Permit Subject to Considerations ............................................................................. 52
Building Permits Required ....................................................................................... 53
Form of Application .................................................................................................. 53
Subdivision Subject to Zoning .................................................................................. 53
Building Lines ........................................................................................................... 53
Dedication of Land for Public Use ............................................................................ 53
Structure in Street Reservation ................................................................................ 53
Subdivision Requirements ....................................................................................... 53
6.1 3
6.14
6.15
6.16
6.17
6.18
6.19
PART 7:
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
PART 8:
8.1
8.2
8.3
8.4
8.5
8.6
PART9:
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
9.10
Subdivision Design Standards ................................................................................. 54
Engineer to Design Works and Certify Construction Layout .................................... 55
Developer to Pay Engineer's Fees and Charges ..................................................... 55
Street Works May Be Deferred ................................................................................ 55
Transfer of Streets and Utilities to Council. .............................................................. 55
Restriction on Sale of Lots ....................................................................................... 56
Grouping of Buildings and Landscaping .................................................................. 56
SIGNS ........................................................................................................... 57
Intent ........................................................................................................................ 57
Permit Required .............................................................................................. ." ........ 57
Provincial Highway ................................................................................................... 57
Form of Application .................................................................................................. 57
Approval Subject to Conditions ................................................................................ 57
Signs Prohibited in Street Reservation .................................................................... 57
Sign Removal. .......................................................................................................... 57
Signs Exempt from Contr ......................................................................................... 57
General Sign Standards ........................................................................................... 58
Residential Areas ..................................................................................................... 58
USE ZONES ................................................................................................. 59
Use Zones ................................................................................................................ 59
Map Interpretation .................................................................................................... 59
Use Classes ............................................................................................................. 59
Permitted Uses ........................................................................................................ 59
Discretionary Uses ................................................................................................... 59
Uses Not Permitted .................................................................................................. 59
USE ZONE SCHEDULES ............................................................................. 60
Environmental Protection (EP) Zone ....................................................................... 61
Protected Watershed (PW) Zone ............................................................................. 63
Coastal (CO) Zone ................................................................................................... 65
Residential Mixed (RM) Zone .................................................................................. 67
Residential (RES) Zone ........................................................................................... 70
Residential Seasonal (RS) Zone .............................................................................. 72
Commercial (COM) Zone ......................................................................................... 73
Tourism Resource (TR) Zone .................................................................................. 76
Public Use (PU) Zone .............................................................................................. 78
Rural (RU) Zone ....................................................................................................... 79
APPENDIX A - CLASS/FICA TION OF USES OF LAND AND BUILDINGS .................. 83
APPENDIX B - OFFSTREET LOADING AND PARKING REQUIREMENTS ................ 91
APPENDIX C - PROVINCIAL DEVELOPMENT REGULATIONS ................................. 97
APPENDIX D - LAND USE ZONING MAPS ................................................................ 107
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
PART 1:
APPLICATION
1. 1
Title
These Regulations may be cited as the Indian Bay 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 Indian Bay 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 Indian Bay
having jurisdiction over the Indian Bay 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
Indian Bay Development Regulations, the Provincial Regulations shall prevail. The
Provincial Development Regulations are appended as Appendix D.
PART 1- APPLICATION
1
TOWN OF INDIAN BAY 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, which has a use that is customarily incidental or
complementary to the main use of the building or land,
(ii)
For a residential use, a domestic garage, carport, ramp, shed, swimming pool, green-
house, cold frame, fuel shed, vegetable storage cellar, shelter for domestic pets, or
antennae. It also includes a portable shelter (see definition) that is used on more than a
temporary basis.
(iii)
For a commercial use, an office, workshop, storage building, garage, or portable shelter,
(iv)
For an industrial use, an office, workshop, storage building, garage, or ramp.
* 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 means a commercial crop operation, which may include:
(a) the clearing, draining, irrigating or cultivation of land for crop production,
(b) the production of agricultural field 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.
AGRICULTURE, LIVESTOCK 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 milk,
(f) the preparation of a livestock, poultry, or dairy product for distribution from the farm gate,
PART 2 - DEFINITIONS
2
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
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.
AGRICULTURE, PERSONAL CROP USE means the use of land, buildings, or structures to
produce vegetables, fruits and other crops for personal use or market gardening. It includes home
gardens, community gardens, and hobby farming, but does not include the keeping of poultry or
livestock.
AGRICULTURE, PERSONAL LIVESTOCK USE means the use of land, buildings, or structures
for the limited keeping of livestock animals for personal use.
ANIMAL, DOMESTIC (PET) means any animal normally and customarily kept by domestic
households for pleasure and companionship, excluding poultry, livestock, horses, and similar
animals or fowl.
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 and Land
Resources):
Type of
Average Weight
No. of Livestock
Livestock
per Animal (ka)
per Animal Unit
Dairy Cows
545-640
1
Heifers
300
2
Veal
91
5
Bulls
545
1
Beef cows
360
2
Sows (F to F)
454
1
Sows
150
3
Hogs
75
6
Boars
150
3
Sheep (ewe)
54
8
Sheep (lamb)
27
16
Goats
64
7
Foxes
11.35
40
Mink
3
150
Rabbits
2.27
200
Laying Hens
1.8
252
Broilers
.9
500
Pullets
1.3
350
Broiler turkey
6.5
70
Heavy turkey
7.5
60
Heavy toms
12
40
PART 2- DEFINITIONS
3
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
APARTMENT BUILDING means a residential building containing three or more dwelling units
but does not include row house units.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
*APPLICANT means a person who has applied for an approval or 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 or building permit will be 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 ROAD means a main traffic artery to and through the Planning Area, which is shown
as an arterial street on the zoning maps. Route 320(Bonavista North Highway) is the only arterial
road in Indian Bay.
AUTHORITY means the Municipal Council of the Town of Indian Bay.
BED AND BREAKFAST means an owner-occupied single dwelling, which includes guest rooms
for the accommodation of travellers. The establishment must be approved by the Provincial
Tourism Department as a Bed and Breakfast operation.
BOARDING HOUSE means a dwelling in which accommodation is provided for two (2) to twelve
(12) persons inclusive, and in which kitchen, dining, and bathroom facilities may be used in
common by some or all of the occupants.
**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.
PART 2 - DEFINITIONS
4
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TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
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Gable Roof
*BUILDING LINE (See also SETBACK, FRONTY ARD) means a line established by Council that
runs parallel to a street line and is set at the closest point to a street that building may be placed.
CAMPGROUND means a contiguous parcel of land, managed as a unit, for the accommodation
of any combination of ten (10) or more recreational vehicles, travel trailers, or tents used on a
short term or seasonal basis, and where accessory uses may include an administrative office,
clubhouse, snack bar, laundry, convenience store, swimming pool, 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.
CEMETERY means a facility or site reserved for the burial of the dead and may include a
crematorium, mortuary, and related 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 by 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.
COLLECTOR ROAD 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.
PART 2 - DEFINITIONS
5
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
COMMERCIAL ACCOMMODATION 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). A commercial accommodation 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 a building, structure, mast, or antenna used to facilitate the receiving
or transmitting of radio, television, telephone, cellular, Internet, or satellite communications, and
may include radio and television stations.
COMMUNITY GARDEN means a common outdoor space where residents grow and care for
vegetables and/or flowers for personal consumption or other non-commercial purposes.
CONSERVATION means a use of land that serves to protect, maintain, or improve an
environmental resource or feature.
CONSTRUCTION YARD means an area used for the storage of construction materials, supplies,
equipment, tools, stockpiles of construction materials, and other items including temporary
storage containers, construction trailers, and temporary office trailers.
CORNER LOT - See "LOT, CORNER".
COUNCIL means the Council of the Town of Indian Bay having jurisdiction of the Indian Bay
Municipal Plan and Development Regulations.
CROP AGRICULTURE - See "AGRICULTURE, CROP".
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.
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
PART 2 - DEFINITIONS
6
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
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, an
(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 mean 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 shortest 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 or slipway structure extending into a body of water but does
not include a marina or marine facility.
DOMESTIC ANIMAL - See ANIMAL, DOMESTIC (PET)
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, lodge, or
lounge in which the sale and consumption of liquor is licensed under the Liquor Control Act, and
in which meals and food may be served for consumption on the premises and entertainment may
be provided.
DRIVEWAY means a vehicular passageway having at least one end thereof connected to a public
street and providing ingress to and/or egress from a lot.
DWELLING means a main building or portion thereof, which contains one or more dwelling units.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used
or designed as the living quarters for one household.
EDUCATIONAL means an institution of learning that includes primary, elementary, junior high,
and senior high schools, colleges, universities, as well as buildings used for temporary training
activities.
PART 2 - DEFINITIONS
7
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
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 developments that require 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 uses.
*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.
struc ture
h ~ ight
--------L---
EXCAVATION OF LAND means the extraction of soil, gravel, or bedrock material to prepare a
site for development or to sell for off-site use.
FENCE means a barrier, railing or other upright structure to mark a boundary, control access,
prevent escape, serve as a landscape feature, or provide some combination of all these functions.
The construction of a fence in Indian Bay requires a development permit.
*FLOOR AREA means the total area of all floors in a building measured to the outside face of
exterior walls.
PART 2 - DEFINITIONS
8
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
FORESTRY means the general growing and harvesting of trees and, without limiting the
generality of the foregoing, shall include the cutting of fuelwood, sawlogs, pulpwood, Christmas
trees, and other products.
FRONT LOT LINE - See "LOT LINE, FRONT'
*FRONTAGE - See "LOT WIDTH"
FRONTYARD SETBACK - See "SETBACK, FRONTYARD"
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 c;1 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 ASS EMBLY means land or buildings used as gathering places for substantial
numbers of people and, without limiting the generality of the foregoing, includes auditoriums,
convention centres, public and private halls, gymnasiums, bowling alleys, theatres, and similar
gathering places.
GENERAL·GARAGE means land or a building used for 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 home to accommodate no fewer than four (4) and no
more than six (6) persons, exclusive of support staff, in a home-like setting. Subject to the size
PART 2 - DEFINITIONS
9
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
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 fewer than four persons is
treated in these Regulations the same as any other private dwelling.
HABITAT 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.
HEIGHT - See "BUILDING HEIGHT".
HOME OCCUPATION means a secondary use of a dwelling or its accessory building by a
resident of the dwelling to conduct a gainful occupation or business activity.
HOME OFFICE means a secondary use of a dwelling by a resident of the dwelling to conduct a
gainful occupation or business activity with such occupation or business activity being limited to
office uses that do not involve visitation by clients, customers, or the general public to the site.
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,
armoires, ice rinks, and indoor swimming pools.
INDOOR MARKET means the use of a building for the display and sale of goods and produce by
a number of retail enterprises.
INFILL DEVELOPMENT means development or redevelopment occurring on an infill lot.
INFILL LOT means vacant land along a built-up street that is suitable for further
construction or development.
INFILLING means the depositing of soil, gravel, or bedrock material to prepare a site for
development.
PART 2 - DEFINITIONS
10
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
INSPECTOR means any person appointed or engaged as an Inspector by Council or by any
federal or provincial authority or the agent thereof.
KENNEL means any land, building, or structure where five (5) or more dogs, cats or other
domestic animals are boarded, bred, trained, and cared for, and may include a pet grooming
business, but does not include a veterinary clinic.
**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 general 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, smoke, grit, soot, ash, dust, glare or appearance.
LIVESTOCK means any species of poultry, cattle, sheep, swine, goats, llamas, horses, or other
animals that are normally kept and raised on farms for producing food or other animal derived
products, riding (e.g. horses), boarding, breeding, or improving animal nutrition, for profit, personal
use, or otherwise. Livestock does not include domestic animals as defined in these regulations.
LIVESTOCK AGRICULTURE - See "AGRICULTURE, LIVESTOCK".
LIVESTOCK FACILITY means a building or confined 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 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
11
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
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total area of structural footprint(s)
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LOT LINE means a common boundary between a lot and an abutting lot or street.
LOT LINE, FRONT means the boundary between a lot and the street on which a lot has its civic
address.
LOT LINES -
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STREET R.O.W.
STREET ! ------
PART 2 - DEFINITIONS
12
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
LOT WIDTH (or FRONTAGE) means the horizontal distance between side lot lines measured at
the building line.
~
front lot lini>
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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.
MEDICAL CLINIC means a building or part thereof, used by physicians, dentists or other health
professionals, their staff, and patients for consultation, diagnosis, and office treatment of humans.
Without limiting the generality of the foregoing, a medical clinic may include administrative offices,
waiting rooms, examination rooms, treatment rooms, laboratories, pharmacies, and dispensaries
directly associated with the clinic, but shall not include accommodation for in-patient care or
operating rooms.
MEDICAL TREATMENT means a building for the medical care, supervision, and skilled nursing
care of persons suffering from sickness, disease or injury, or for convalescent or chronically ill
persons.
MINERAL EXPLORATION means the search for and sampling of minerals or quarry materials
where the activity or activities involved meet the definition of "development" under the Urban and
Rural Planning Act. "Mineral" and "quarry material" for the purpose of interpreting the definition of
mineral exploration (development) are as defined in the provincial Mineral Act and Quarry
Materials Act, 1998, respectively. Mineral exploration does not include mining or mineral working
(e.g., quarrying). Activities which meet the definition of mineral exploration (development) are to
be contrasted with mineral exploration activities that do not meet the definition of development,
examples of which typically include traditional prospecting, geochemical sampling surveys (of
PART 2- DEFINITIONS
13
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
rock, soil, sediment, water, or vegetation), ground-based and airborne geophysical surveys, and
the cutting of survey lines.
For further clarification for the purposes of these Regulations, mineral exploration takes the form
of a development that may involve appreciable soil disturbance, use equipment other than hand
tools, or involve the construction of roads to access the exploration site.
M.INERAL WORKING means an operation consisting of one or more of the following activities:
the digging for, excavation, and removal of quarry materials (i.e., quarrying) (may involve
blasting), the removal of quarry materials previously excavated, the removal of quarry materials
previously deposited on site, the stockpiling of quarry materials, the processing of quarry materials
(e.g., crushing, screening, washing), the production of civil construction materials which use
quarry materials in their natural form (e.g., asphalt, concrete), the re-processing of quarry
materials including from reclaimed civil construction materials (e.g., reclaimed asphalt, concrete),
the production of soil by blending organic materials with quarry materials, or the treatment or
remediation of soil. "Quarry material" for the purpose of interpreting the definition of mineral
working is as defined in the provincial Quarry Materials Act, 1998. Mineral working does not
include mining but may include mineral exploration (development) as a secondary activity. Mineral
working does not include the excavation and removal of quarry materials as a by-product of an
approved development.
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 an operation involving the extraction of a mineral for sale and for which a mining lease
is required under the provincial Mineral Act administered by the Department of Natural Resources.
"Mineral" for the purpose of interpreting the definition of mining is as defined under the Mineral Act.
Mining may include, as secondary activities, mineral exploration (development) and mineral working.
Note that under the Mineral Act dimension stone (i.e., stone used for building facades, gravestones, etc.)
is considered a mineral in Newfoundland and therefore extraction of dimension stone within the Indian
Bay Municipal Planning Area would be considered mining.
MINISTER means the Minister responsible for the Urban and Rural Planning Act, 2000.
MINOR WATERCOURSE means a watercour~e that flows for only part of the year, such as
during snowmelt, spring runoff, rainstorms, and wet periods.
MODULAR HOME means a dwelling constructed in accordance with the standards applicable to
site-built homes in the National Building Code and comprised of components substantially
assembled in a manufacturing plant and transported to the building site for assembly on a
permanent foundation.
PART 2 - DEFINITIONS
14
-
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
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, and passive
recreational uses, but shall not include structures such as buildings, tennis courts, parking lots,
or other impervious land uses.
OUTDOOR ASS EMBLY 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, grand
stands, outdoor ice rinks and swimming pools, 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.
PART 2 - DEFINITIONS
15
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
*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 - See "AGRICULTURE, PERSONAL LIVESTOCK 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.
PERSONAL CROP USE - See "AGRICULTURE, PERSONAL CROP USE"
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.
**PLANNING AREA means a municipal planning area established under section 6 and 11 of the
Act.
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.
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 Council specifies as not permitted within a use zone.
PUBLIC BUILDING means a building that can be 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.
*REARY ARD SETBACK - See "SETBACK, REARY ARD"
RECREATIONAL DWELLING means a single dwelling that is used primarily for recreational
purposes and is not inhabited on a full-time basis.
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, target shooting
range, water slide, multi-use trail, or similar outdoor facility.
PART 2 - DEFINITIONS
16
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
RECREATIONAL VEHICLE means a motor vehicle with facilities for sleeping and eating used
for camping and recreational activities.
RECYCLING FACILITY HOME 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
general public with meals or refreshments for consumption on the premises.
ROW DWELLING means a dwelling containing no less than three units at ground level in one
building, each unit separated vertically from the others and with individual entrances directly from
the outside.
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, FRONTYARD 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.
PART 2- DEFINITIONS
17
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
ILLUSTRATION Of YARDS AND YARD SETBACKS
rear y.ud
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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.
*SIDEYARD SETBACK-See "SETBACK, SIDEYARD"
*SIGN means a word, letter, model, placard, board, device or representation whether illuminated
or not, in the nature of or employed wholly or in part for the purpose of advertisement,
announcement or direction and excludes those things employed wholly as a memorial,
advertisements of local government, utilities and boarding or similar structures used for the
display of advertisements.
SINGLE DWELLING means a 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)
PART 2 - DEFINITIONS
18
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
Ris·e
.-.......................-
- J
Run
STAGE means a platform on the shore with working tables, sheds, etc., where fish are landed
and processed for salting and drying and fishing gear and supplies are stored.
*STREET means a street, road or highway or other way designed for the passage of vehicles
and pedestrians with the following characteristics:
(a)
it is accessible by fire department and other emergency vehicles,
(b)
it includes related infrastructure, for example, the roadway itself, side ditches, culverts,
and bridges, and
(c)
its maintenance is the responsibility of Council or the Provincial Department of
Transportation and Works.
STREET CENTRE LINE as used by the Province under the Protected Road Zoning Regulations
means the centre of the roadway in the case of an undivided highway, and the centre of the
nearest driving lane in the case of a divided highway. The street centre line is used to establish
building control lines along Protected Provincial Highways, which in Indian Bay includes Route
320 (Bonavista North Highway).
*STREET LINE means the edge of a street reservation as defined by Council or the Province.
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 Indian Bay 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.
PART 2- DEFINITIONS
19
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary to
a self-contained dwelling or other building.
SURFACE WATER means any flowing or standing water on the surface of the earth.
TAKE-OUT FOOD SERVICE means a building or mobile canteen in which meals and
refreshments are prepared and sold for consumption off the premises.
TEMPORARY USE means a use or structure permitted to exist for a limited amount of time.
TOURIST COTTAGE ESTABLISHMENT means a contiguous parcel of land, managed as a unit,
consisting of two (2) or more self-contained accommodation units used for short-term stays, and
where accessory uses could include an administrative office, clubhouse, snack bar, convenience
store, swimming pool, and recreational facilities.
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.
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 rentals to the travelling and
vacationing public.
WATER UTILITY means any infrastructure or facility used for water supply management,
operations, and protection such as intake pipes and filters, treatment plants, and pipelines.
PART 2 - DEFINITIONS
20
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
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
21
TOWN OF INDIAN BAY 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
Except where 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, Regulation 3.5, and Regulation 3.6, a permit shall be issued
for 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
Schedules 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.
(g)
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 when, in the opinion of
Council, the development would be premature by reason of the site lacking adequate road
access, power, drainage, or municipal water and sewer, 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 take into account 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,
(c)
the capacity of municipal water and sewer infrastructure to service the
development,
(d)
the availability of utilities,
(e)
public safety and convenience,
(f)
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, conditionally approve or refuse the application.
PART 3 -GENERAL REGULATIONS
22
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
(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 development
standards to a maximum of 10 percent if, in Council's opinion, requiring strict
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 a development standard set out in these
Regulations if that variance, when considered together with other variances made
or to be made with respect to the same land, building or structure, would have a
cumulative effect that is greater than a 10 percent variance even though the
individual variances are separately not greater than 10 percent.
(3)
Council shall not permit a variance from the development standards where the
proposed development would increase the non-conformity of an existing
development or would create a non-conformity of any existing legal development.
(4)
Where Council is to consider a proposed variance from a development standard,
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.
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.
PART 3- GENERAL REGULATIONS
23
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
(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
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TOWN OF INDIAN BAY 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 per~it 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.
3.10
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
is restricted from development for the purposes of stormwater drainage or environmental
protection, whether or not that land is located within the Environmental Protection zone.
PART 3 - GENERAL REGULATIONS
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TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
3.11
Restoration 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 restore 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
communicated to the applicant within sixty (60) days of the application being
received by Council, shall be deemed to be refused.
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.
PART 3 - GENERAL REGULATIONS
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TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
(2)
Council will not consider an application for an approval in principle unless it
includes a full description of the site and proposed development in accordance
with Paragraph (1 ).
(3)
Council may grant an approval in principle if it determines that the proposed devel-
opment 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
inten_t of the application or has not adequately addressed conditions or details
stipulated in the approval in principal.
(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 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 period of one year and may be extended for
one (1) additional year if requested by the applicant, up to a maximum of two years.
PART 3 - GENERAL REGULATIONS
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TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
(4)
The issuance of a development permit does not prevent Council from thereafter
requiring the correction of errors or ordering the cessation, removal of, and
remedial work on any development being carried out that is in violation of the
Municipal Plan or these Regulations.
(5)
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
(b)
where the permit was issued in error or on the basis of incorrect
information.
(6)
No person shall change the application for which a development permit was issued
unless Council has issued written approval of the change.
(7)
A copy of the development permit, along with plans and specifications, shall be
kept on the site until the development is completed.
(8)
A decision by Council on an application for an approval in principle or a
development permit may be appealed in accordance with Section 42 of the Act.
3.17
Temporary Use Permit
(1)
At its discretion Council may issue a development permit for a temporary use that
is otherwise prohibited in the location for which the application is received.
(2)
The temporary permit will be for a period not exceeding one (1) year and may be
extended at the request of the applicant for one (1) additional year, to a maximum
of two (2) years.
3.18
Permit Fees
Council may charge a fee for a development permit in accordance with the
schedule of fees adopted by Council.
3.19 Compliance with Legislation
(1)
If Council deems that a proposed development may be affected by a provincial or
federal act 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 Municipal Affairs and Environment before Council will issue a
development permit.
PART 3-GENERAL REGULATIONS
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TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
(3)
Where these Regulations are more stringent than a provincial or federal act of
regulation, these Regulations will apply.
3.20
Reasons for Refusing or Setting Conditions on a Permit
Council shall, when refusing to issue a permit or attaching conditions to a permit, state in
writing the reasons for so doing.
3.21
Notice of Application
(Refer to Provincial Development Regulations, Sections 13 & 15)
(1)
Notice of an application to Council shall, at the applicant's expense, be given when:
(a)
A variance is to be considered under Regulation 3.6 - Variances,
(b)
A change in a non-conforming use is to be considered under Regulation
3.7 - Non-Conforming Uses,
(c)
A proposed discretionary use is to be considered in accordance with
Regulation 8.5 - Discretionary Uses.
(c)
A proposed development is listed as a discretionary use in Part 9 - Use
Zone Schedules,
(d)
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-
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 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 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)
Other Applications Public Should be Aware Of
For any other development that Council deems the public should be made aware,
PART 3-GENERAL REGULATIONS
29
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
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 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
Delegation of Powers
(Refer to Provincial Development Regulations, Section 18)
Council shall, when designating employees or contractors to whom a power is to be
delegated under Section 109(2) of the Act, make that designation in writing.
3.23
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.
3.24
Record of Violations
Every inspector shall keep a record of any violation of these Regulations and report that
violation to Council.
3.25
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.
3.26
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.
3.27
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.
PART 3-GENERAL REGULATIONS
30
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TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
3.28
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
31
TOWN OF INDIAN BAY 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 so as 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)
Every access to a Protected Provincial Highway must also be approved by the
Department Transportation and Works.
(3)
No access will be closer than 10 metres to the street line of any street intersection.
4.2
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 or discovered archaeological site
unless the Provincial Archaeology Office has been notified and authorized the
development to proceed.
(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.
4.3
Industrial Use Buffers
Where an industrial development abuts a residential area, or is separated from it by a road
only, Council may require the development to provide buffer strip not less than ten (10)
metres wide between any residential activity and the industrial area. The buffer shall
include the provision of such natural or structural barrier as may be required by Council
and shall be maintained by the owner or occupier to the satisfaction of Council.
4.4
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, floodplain, or identified sensitive habitat.
Permitted land uses and development conditions in designated watercourses and
wetlands are specified in the Environmental Protection zone.
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PART 5 -SPECIFIC USE REGULATIONS
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
(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 subparagraph (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 (i) a drainage course that carries
water only during rain events or snowmelt, (ii) an intermittent stream that
does not carry significant spring runoff, or (iii) a stream that is not fish
habitat.
A minor wetland is defined as a wetland less than one (1) hectare in area
that is not associated with a watercourse and is not deemed to be an
environmentally sensitive area.
(3)
Development Within a Body of Water
Council will not approve infilling or other development within a body of water or
involving alteration of a body of water unless the development or alteration has
been approved or exempted by the Water Resources Division of the Department
of Municipal Affairs and Environment and any other an agency haying jurisdiction.
4.5
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 front property line.
(3)
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
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PART 5 - SPECIFIC USE REGULATIONS
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
access for building maintenance. An exception may be made for an access ramp
as noted in Regulation 5.1.
(4)
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.
(5)
The building line along Provincial highways shall not be less than that specified
under the provincial Protected Roads Regulation.
4.6
Multiple Uses on One Lot
A multiple use occurs when two or more different use classes exist in a single building or
on a single lot.
(1)
Where a single lot contains more than one permitted use, each use shall conform
to all requirements in these Regulations that are applicable to that use.
(2)
A proposed new use on a multiple-use lot may not be permitted where Council
deems that the use might be incompatible with existing uses on or adjacent to the
lot by reason of safety, amenity, appearance, or nuisance.
4. 7
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.
(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.
4.8
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 in which 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.
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PART 5 -SPECIFIC USE REGULATIONS
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
4.9
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.
4.10
Street Frontage
Except where provided for in Schedule 9 - Use Zone Tables, no building shall be erected
on a lot that does not front directly onto a public street.
4.11
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.
4.12
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.
4.13
Public Services and Utilities
Within any zone, Council may permit land to be used in conjunction with the provision of
public services and public utilities if it deems that the use of that land is necessary to the
proper operation of the public service or public utility concerned, provided that the design,
construction, landscaping, and operation of the service or utility, in the opinion of Council,
will be adequate to protect the environment, character, and appearance of the area.
4.14
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,
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PART 5 -SPECIFIC USE REGULATIONS
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
(ii)
street capacity to handle anticipated traffic load,
(iii)
the capability 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
development or the clearing, excavation, and infilling of land, or other site
developments will result in unacceptable drainage, environmental, or aesthetic
impacts.
4.15 Site Excavation and Infilling
Excavation or 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.
4.16 Street Construction Standards
A new street will be constructed in accordance with the design and construction
specifications set by Council.
4.17 Sight Lines at Intersections
So as not to create a safety hazard by obstructing the view of motorists and pedestrians,
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 0.75 metres from the street
grade.
4.18
Protected Provincial Road
(1)
Provincially regulated highways in the Planning Area include the Bonavista North
Highway (Route 320), which is designated as a Protected Road under the
Protected Roads Zoning Regulations under the Urban and Rural Planning Act,
2000.
(2)
Within the Indian Bay Municipal Planning Area, any proposed development within
100 metres of the centreline of Route 320 will require approval of both Council and
Service Newfoundland and Labrador (Service NL). Council will refer any
development application within the 100-metre control line to Service NL for
comments prior to taking its decision on the application.
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PART 5 -SPECIFIC USE REGULATIONS
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TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
(3)
Council will not approve an access to Route 320 that has not first been approved
by the Department of Transportation and Works.
(4)
All proposed signage within Protected Road corridors will require approval of both
Council and Service NL.
4.19
Fire Hydrant, Manhole and Lift Station Buffers
No building, fence, hedge or other structure will obstruct access to a fire hydrant, manhole,
or lift station, obstruct the visibility of a fire hydrant from the street, or protrude closer than
3.0 metres to a fire hydrant, manhole, or lift station.
4.20
Habitat Conservation
(1)
Stewardship Agreement
(2)
The Town of Indian Bay and the Province are signatories to a Stewardship
Agreement to conserve and protect sensitive wetland and waterfowl habitat. The
Agreement includes measures to ensure sensitive wetland habitat for waterfowl is
conserved and protected from development.
Any application for development within wetland areas and along freshwater and
coastal shorelines shall be reviewed by Council to ensure that the development
will not impact negatively on sensitive wetland habitat. Where it deems that a
proposed development may have impacts, Council may refuse the application or
may establish mitigating conditions to minimize potential habitat degradation.
Proposed Habitat Management Units
As part of the Stewardship Agreement, one Habitat Management Unit was
established in the Indian Bay Planning Area. The boundaries of this area are
mostly contained within the Environmental Protection zone. A small area
containing the Indian Bay camping park, which is zoned Tourism Resource, is also
within the Habitat Management Unit.
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PART 5 -SPECIFIC USE REGULATIONS
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PART 5:
SPECIFIC USE REGULATIONS
5.1
5.2
Access Ramps
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:
(a)
(b)
There is no alternative means to provide the access ramp, and
The ramp does not create a safety hazard or block sight lines.
Accessory Buildings
(1)
General Requirements
(a)
An accessory building will be contained on the same lot as the main
building and will be incidental and complementary to the use of the main
building.
(b)
Notwithstanding Paragraph (a), at its discretion, Council may permit an
accessory building to be located on a different lot than the main building.
(c)
Except in accordance with Paragraph (2), no accessory building will be
located closer than 1.2 metres to a property boundary, or, if adjacent to the
side of the main building, within the minimum sideyard setback of the main
building.
(d)
No accessory building will be located closer than 3.0 metres to any other
building, whether on the same lot or an adjoining lot.
(e)
No accessory building will be erected upon an easement.
(f)
No accessory building will contain an apartment or other self-sufficient
living unit.
(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,
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PART 5 -SPECIFIC USE REGULATIONS
(b)
(c)
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
- Council deems that the placement of the building will not
negatively affect neighbouring properties, and
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 line, will not
negatively affect neighbouring properties, and will not impede the required
sight line at the street intersection (See Regulation 4.18).
Maximum Floor Area and Height
Development of a residential accessory building will be in accordance with
the following lot sizes:
Lot Size
Maximum Combined Floor Area
Maximum
of Accessory Buildings
Height
<1500 m2
- 70 m2 or 7% of the lot area, whichever is less
5.5m
- 100 m2
1500-3000 m2
- At its discretion, Council may approve
5.5 m
additional floor area to a maximum 130 m2 of
combined floor area
- 130 m2
> 3000 m2
- At its discretion,
Council may approve
5.5m
additional floor area to a maximum of 160 m2
(d)
(e)
(f)
(g)
(i)
of combined floor area
No truck, bus, semi-trailer, freight container, or other vehicle body will be
used as an accessory building.
At its discretion, Council may permit a portable shelter to be used as an
accessory building, subject to the provisions of this Regulation.
No accessory building will be used for a home occupation except as
approved at Council's discretion in conformity with Regulation 5.10.
Except for personal needs, no accessory building will be used for painting,
dismantling, or scrapping vehicles or machinery.
Applications for Discretionary Approval
In reviewing an application for discretionary approval with respect
paragraphs (a), (b), (c), (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,
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(ii)
Provide notice of the application in accordance with Regulation
3.21(4),
(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 that Council deems
relevant,
(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 Structures
(1)
An accessory structure (for example a patio, deck, antenna, or swimming pool
enclosure) will be contained on the same lot as the main building and will be
incidental and complementary to the use of the main building.
(2)
Except in accordance with Regulation 5.1, no accessory structure will be located:
{i)
within the minimum frontyard setback of the main building,
{ii) within the minimum sideyard setback of the main building, and
{iii) if in the rearyard of the main building, within 1.2 metres of the side or rear
property boundary.
(3)
No accessory structure will be erected upon an easement.
5.4
Accessory Uses (Also see definition in Section 2.0)
Subject to Section 9.0 - Use Zone Schedules, uses that are customarily accessory to a
permitted or discretionary use may be permitted in any zone, for example:
(a)
Facilities for the serving of food and beverages in a community hall or other place
of assembly, marina, hotel, etc.
(b)
A gift or souvenir shop in a museum, hotel, or other establishment
(c)
An office, convenience store, laundry, or catering establishment in a campground
(d)
A home occupation in a residential dwelling or a residential accessory building
(e)
A home workshop in a residential dwelling or a residential accessory building
5.5
Agriculture - Commercial Livestock Facilities
(1)
Except at Council's discretion, no new commercial livestock facility designed to
accommodate more than five (5) animal units (see Section 2), will be permitted
within:
(a)
500 metres of a residential dwelling except for a farm dwelling or a dwelling
on the same property,
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(b)
500 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 an. infill development or a farm dwelling, 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 and
Land Resources.
(3)
In addition to the above requirements, a new livestock facility will be subject to
applicable Provincial acts and regulations.
5.6
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 be licensed by the Tourism Department.
(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.
(e)
All grounds and buildings shall be kept in a safe and well-maintained condition.
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5.7
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,
(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 forming 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 be licensed by the Tourism Department.
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.
PART 5 - SPECIFIC USE REGULATIONS
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(11) Internal roadways in the campground shall:
(a) Provide 24-hour vehicle access to every campsite.
(b) Be no less than 6.0 metres wide.
(c) Be designed and constructed such that vehicles and trailers will not become
mired.
(12) Every campsite shall:
(a) If a tent site, have a minimum area of 120 m2 in area and a minimum width of
6.0 metres.
(b) If a trailer or RV site, have a minimum area of 220 m2 and a minimum width of
12.0 metres.
(c) Have the corners clearly defined with visible markers.
(d) Be clearly numbered.
(e) Have at least one and no more than two vehicle parking spaces.
(f)
Be no less than 50.0 metres from an on-site source of drinking water.
Tourist Cottage Establishments
(13) A tourist cottage establishment 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.
(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 m2 -
(b) No cottage will be more than one storey in height.
(c) The minimum distance between individual cottages or buildings containing
more than one cottage unit shall be 6.0 metres.
(d) The minimum rearyard will be 5.0 metres.
(e) Planting areas shall be provided adjacent to the side and rear lot lines.
(f) Each cottage will be clearly numbered.
(16) At Council's discretion, a tourist cottage establishment may be permitted as a
secondary use on a residential lot, subject to the zoning provisions and the
following:
(a) The lot must be no less than 4,000 m2 in area,
(b) Cottages must be buffered or screened to Council's satisfaction from
neighbouring dwellings,
(c) Total lot coverage of all buildings must not exceed 15% of the lot area, and
(d) All other conditions deemed necessary by Council.
PART 5 -SPECIFIC USE REGULATIONS
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TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
5.8
Childcare Services
Where permitted by Council, a childcare service will conform to the requirements of the
Child Care Services Act and Regulations. Council will not approve a childcare use that
has not obtained the necessary licenses and approvals from the Province.
5.9
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.
5.10
Fences
(1)
For the purpose of this Regulation a fence includes a vertical physical barrier
constructed of typical fencing materials, and includes hedges, shrubs and
landscaping features used for these purposes.
(2)
(3)
(4)
(5)
Frontyard Fences
(a)
No fence in the front yard of a lot will be erected closer to the street than the
front property line of that lot. This will apply to new fences as well as existing
fences that need to be replaced.
(b)
Except where permitted by Council for screening purposes, no fence located
between the frontyard building line and the street line (i.e. front property line)
shall exceed 0.75 metres in height above the street grade.
Fences to the Rear of the Front Building Line
No fence to the rear of the front building line shall exceed 1.8 metres in height from
the ground.
Maintenance
All fences shall be maintained in a good state of repair. For the purpose of this
section, "good state of repair" means:
(a)
It is complete, in a structurally sound condition, plumb, and securely
anchored,
(b)
It is protected by weather resistant materials,
(c)
Components are not broken, rusted, rotten or in a hazardous condition,
(d)
It is free of peeling paint or stain, and
(e)
It does not present an unsightly appearance that is deleterious to abutting
properties or the neighbourhood.
Damages Caused by Council Operations
Council shall not be liable for damages to fences where Council, its employees or
agents have acted without negligence. In particular, Council shall not be liable for
any damages that occur as a result of normal street snow clearing.
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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 located
in an accessory building on the same lot as the dwelling,
(c)
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,
(d)
It will occupy no more than thirty percent (30%) of the floor area of the dwelling,
(e)
It will not include outdoor storage of materials,
(f)
It will not use or keep in storage any hazardous materials,
(g)
It will not use water or generate sewage in excess of what can be accommodated
by the existing water supply and sewage disposal system,
(h)
It will not cause noise, odours, fumes, electrical interference, or other nuisances
that unreasonably affect neighbouring properties,
(i)
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,
U)
Council may require fencing, screening, and/or a minimum space separation to
protect the amenity of adjacent uses,
(k)
It will not create traffic safety or traffic congestion concerns,
(I)
It will adhere to all other conditions that Council deems necessary to protect the
amenity of adjacent residential uses and the neighbourhood,
(m)
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
(n)
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 permitted, a mineral or petroleum exploration use that constitutes a
development (in accordance with the definitions in Part 2) will make provision for
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PART 5 - SPECIFIC USE REGULATIONS
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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
Natural Resources and Municipal Affairs and Environment, and any other relevant
government agency.
(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 water supply areas, 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 Workings
(1)
No new mineral working use will be developed without a development permit
issued by Council. The development, operation, termination, and rehabilitation of
a mineral working site will be carried out only in accordance with terms and
conditions specified in the development permit. The development permit will be
revoked if the operator does not comply with these terms and conditions.
(2)
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 15)
(3)
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.
(4)
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.
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(5)
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)
50 metres of a watercourse or wetland, and
(d)
50 metres of a public street or highway.
(6)
Except where Council may require a higher buffer, 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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
No mineral working shall create excessive drainage or erosion onto adjacent
properties or into nearby watercourses.
(12)
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 Municipal Affairs and Environment.
(13)
The mineral working site shall be kept clean of refuse, abandoned vehicles,
abandoned equipment and derelict buildings.
(14)
During seasonal or extended shutdowns, the slope of any sand or gravel
embankment shall not h·ave a gradient steeper than 60 percent for the full depth
thereof, and
(15)
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
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PART 5 -SPECIFIC USE REGULATIONS
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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.
(16)
Other such conditions that Council deems as necessary.
5.14
Personal Livestock Use on Residential Lots
(1)
Livestock Species
At its discretion, Council may permit the keeping of livestock animals on a residential lot
for personal use after first giving public notice and considering comments received. No
species will be permitted other than:
Small Livestock
Ducks
Geese
Hens
Rabbits
Turkeys
(2)
Small Livestock
Large Livestock
Goats
Horses
Pigs
Sheep
(a)
The keeping of small livestock on a residential lot will be subject to the following.
(i)
No small livestock will be permitted on a lot that is less than 300 m2 in area.
(ii)
Only a person who resides on a property will be permitted to keep animals
on that property.
(iii)
The maximum number of small livestock permitted on a residential lot will
be in accordance with the following table.
Lot Size
Maximum Number of Animals
(includinq offspring until weaning)
300 - 600 m2
3
601 - 900 m2
4
901 - 1,200 m2
5
1,201 - 1,500 m2
6
1,501 - 1,800 m2
8
1,801 - 2,100 m2
10
2,101 - 2,500 m2
12
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PART 5 -SPECIFIC USE REGULATIONS
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(b)
A facility for keeping small livestock will include an enclosed indoor shelter and
an enclosed outdoor run subject to the following.
(i)
No portion of the facility will be located in the frontyard or sideyard of
the residential dwelling.
(ii)
Within the rearyard of the dwelling, no portion of the facility will be
located within four (4) metres of any lot line.
(c)
Keeping of the animals will be subject to the following.
(i)
The livestock facility will be maintained continually in a clean
condition, free of noxious odours, substances, and vermin.
(ii)
Animal excreta will be removed on a weekly basis, and
properly contained and disposed of in an environmentally
acceptable manner.
(iii)
Animals will not be slaughtered on any property that is not zoned for
commercial agriculture use.
(iv)
Animals will be provided with clean drinking water, nesting materials,
and an adequate quantity and quality of food to allow for healthy
growth and maintenance of a healthy body weight.
(v)
Food and water will be kept in receptacles that avoid contamination
from excreta.
(3)
Large Livestock
(a)
The keeping of large livestock on a residential lot will be subject to the
following.
(i)
No large livestock will be permitted on a lot that is less than 1,860 m2
in area.
(ii)
Only a person who resides on a property will be permitted to keep
animals on that property.
(iii)
The maximum number of large livestock permitted on a residential
lot will be in accordance with the following table.
Lot Size
Maximum Number of Animals
(including offspring until weaninq)
Horses
Goats
Sheep
Pigs
1,860 - 3,000 m2
1
3
3
3
3,001 - 6,000 m2
2
6
6
6
6,001 - 9,000 m2
3
9
9
9
Over 8,000 m2
1 per
3 per
3 per
3 per
3,000 m2
3,000 m2
3,000 m2
3,000 m2
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PART 5 -SPECIFIC USE REGULATIONS
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The maximum is exclusive to a single species. For example, on an
1,860 m2 lot, no more than one horse, or 3 goats, or 3 sheep, would
be permitted.
(iv)
Mixing of species would only be considered to the allowable
maximum, for example, 2 goats and 1 sheep on an 1,860 m2 lot, or
1 horse and 3 goats on a 4,000 m2 lot.
(b)
A facility for keeping large livestock will include an enclosed indoor shelter
and an enclosed outdoor run subject to the following.
(i)
No portion of the facility will be located in the frontyard or sideyard of
the residential dwelling.
(ii)
Within the rearyard of the dwelling, no portion of the facility will be
located within eight (8) metres any lot line.
(c)
Keeping of the animals will be subject to the following.
(i)
The livestock facility will be mairitained continually in a clean
condition, free of noxious odours, substances, and vermin.
(ii)
Animal excreta will be removed no less than weekly and contained
and disposed of in an environmentally acceptable manner.
(iii)
Animals will not be slaughtered on any property that is not zoned for
agriculture use.
(iv)
Animals will be provided with clean drinking water and an adequate
quantity and quality of food to allow for healthy growth and
maintenance of a healthy body weight.
(v)
Food and water will be kept in receptacles to avoid contamination
from excreta.
(4)
Permit Required
No livestock will be kept on lot until a permit has been issued by Council. The
permit shall be visibly displayed on the livestock facility. Every permit will expire on
December 31st and must be renewed for the following year.
5.15
Residential Care Homes
(1)
A residential care home may be permitted in a facility or dwelling 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.
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PART 5 -SPECIFIC USE REGULATIONS
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(3)
Council will not approve a residential care home that has not first been approved
by Service Newfoundland and Labrador and other Provincial agencies having
jurisdiction.
5.16 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.
5.17 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 front lot line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and
where a service station is located on a corner lot, the minimum distance between
an access and the intersection of street lines at the junction shall be 10 metres and
the lot line between entrances shall be clearly indicated.
5.18 Storage and Scrapping of Car Wrecks and 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.
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PART 6:
SUBDIVISION OF LAND
6.1
Application of Part 6
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
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.
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.
(b)
The location and natural characteristics of the site, including topography, drainage,
soils and geology, vegetation, wetlands, watercourses, and sensitive areas.
(c)
Municipal Plan policies, Development Regulations, and Use Zones 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)
Environmental effects with respect to watercourses, wetlands, steep slopes,
drainage patterns, stormwater generation and discharge, and loss of habitat.
PART 6 - SUBDIVISION OF LAND
52
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
U)
Municipal financial costs related to the provision and maintenance of roads, water
and sewer systems, other infrastructure, and municipal services.
(k)
Such other matters that Council deems to be important.
6.6
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. 7
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.
6.8
Subdivision Subject to Zoning
The subdivision of land must comply with all provisions of the Use Zone in which the land
is located.
6.9
Building Lines
Council may establish building lines for any subdivision street and require any new
building to be located on such building lines.
6.10
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.
6.11
Structure in Street Reservation
The placing of a structure (e.g. hydro pole, fire hydrant, mail box, bus shelter, sign post)
within any street reservation shall not be approved unless Council is satisfied on the
question of safety with regard to the structure's relationship to other buildings or structures
within the street reservation and with regard to the safe movement of vehicles and
pedestrians.
,
6.12 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)
sub-base and base
(b)
asphalt
PART 6-SUBDIVISION OF LAND
53
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
(c)
street design and cul de sac length
(d)
intersection alignments and locations
(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
(3)
Sanitary sewer construction must meet the standards set out by Council with
respect to:
(a)
gravity sewers
(b)
force mains
(c)
lift stations
(4)
Manholes and catch basins must meet the standards set ·out by Council with
respect to location, materials, sizing, spacing, frames, grates and covers.
(5)
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.
(6)
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.
6.13
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 8 percent.
(b)
A cul de sac will be subject to the following:
(i)
The turning circle will have a driving surface diameter of not less than 30
metres, and
(ii)
It will not be longer than 500 metres.
(c)
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
12.2 m
5.2 m
(d)
Land will not be subdivided in such a manner as to prejudice the development of
adjoining land.
PART 6-SUBDIVISION OF LAND
54
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
6.14
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 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.
6.15
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.
6.16 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.
6.17
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
PART 6-SUBDIVISION OF LAND
55
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
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.
(2)
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.
6.18
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes
of development and no building permit shall be issued until Council is satisfied that the lot
has satisfactory access to a street.
6.19
Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building types
and for landscaping in order to enhance the visual aspects of the completed
development and to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by Council, shall not be changed without
written application to and subsequent approval of Council.
PART 6-SUBDIVISION OF LAND
56
TOWN OF INDIAN BAY DEVELOPMENT RE_GULATIONS
PART 7:
SIGNS
7.1
Intent
This 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
320 shall require a permit from the Service Newfoundland and Labrador. Where these
Regulations are inconsistent with the Provincial Highway Sign Regulations, the more
restrictive regulations shall apply.
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 18.
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.
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;
PART 7 -SIGNS
57
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
(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
No commercial, industrial, or public use will have more than two (2) signs.
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 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
7.1 0
Residential Areas
Notwithstanding Regulation 7.9, except at the discretion of Council, no sign will be
permitted in a residential area that does not meet the standards set out in Regulation 7.8.
PART 7 - SIGNS
58
TOWN OF INDIAN BAY 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 Schedules 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 Schedules 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 features, are not intended
to define exact limits. No zoning amendment shall be required to allow 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 Schedules in
Part 9 shall be determined by Council in accordance with the classifications and examples
set out in Appendix A.
8.4
Permitted Uses
Subject to these Regulations, 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 Schedule 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 Regulation 3.21 (4) - Notice of Application and has
considered any objections or representations that may have been received on the matter.
8.6
Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set
out in the appropriate Use Zone Tables shall not be permitted in that Use Zone.
PART 8 - USE ZONES
59
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
PART 9:
USE ZONE SCHEDULES
Before issuing a permit for development or an approval in principle, Council shall review the
application to ensure th·at it is in compliance with the Use Zone Schedule 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: Classification of Uses of Land and Buildings
-
Appendix B: Off-Street Parking Requirements
-
Appendix C: Provincial Development Regulations
-
Appendix D: Land Use Zoning Maps
Part 9 contains schedules for the following Use Zones:
USE ZONE
ABBREVIATION
9.1
Environmental Protection
EP
9.2
Protected Watershed
PW
9.3
Coastal
co
9.4
Residential Mixed
RM
9.5
Residential
RES
9.6
Residential Seasonal
RS
9.7
Commercial .
COM
9.8
Tourism Resource
TR
9.9
Public Use
PU
9.10 Rural
RU
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PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
9.1
Environmental Protection (EP) Zone
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
See Re ulation 8.4
See Re ulations 3.21 4 and 8.5
Conservation
Communications
1.
Discretionary Use Classes
Open space
Transportation (See Condition 5)
Utili
CONDITIONS
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 main environmental protection purpose of this zone.
2.
Buildings and Structures
No buildings or structures will be permitted in the EP zone except for a structure
associated with a utility or municipal infrastructure (e.g. communications antenna,
transmission line, water pumping station) or an open space use (e.g. viewing platform,
gazebo, picnic shelter).
3.
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.
4.
Watercourses, Shorelines and Wetland Areas
Within the EP zone:
(a)
Excavation and infilling of watercourses, riparian areas, and wetlands will not be
permitted, and
(b)
Significant clearing of natural vegetation and landscaping will not be permitted
except at Council's discretion subject to strict terms and conditions to protect
sensitive shoreline, aquatic, and wetland habitat.
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PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
5.
Transportation
(1)
Transportation uses that may be permitted at Council's discretion will be limited to
roads 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 as set by
Council, and
(d)
The development has not received any necessary Provincial approvals.
(3)
No transportation use will be permitted in a Habitat Management Unit established
under a Stewardship Agreement between the Town of Indian Bay and the
Province.
62
PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
9.2
Protected Watershed (PW) Zone
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Requlation 8.4)
(See Requlations 3.21 (4) and 8.5)
Conservation
Communications
Open space
Forestry
Mineral exploration (See Regulation 5.12)
Mineral working (See Condition 4 and
Regulation 5.13)
Petroleum exploration (See Regulation
5.12)
Recreational open space
Transportation (See Condition 5)
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 impact the municipal drinking water supply.
2.
Referral to the Water Resources Division
All proposed development within the Protected Watershed zone will be referred to the
Water Resources Division of the Department of Municipal Affairs and Environment. No
development will be permitted until comments and recommendations have been received
from the Division.
3.
Buffer Zones
(1)
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 a distance of 1,000 m upstream
and 100 downstream of intake
Main river channel
75 m
Major tributaries, lakes and ponds
50 m
Other watercourses
30 m
63
PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
4.
Mineral Working
No mineral working use will be permitted that has not received prior approval from the
Water Resources Division of the Department of Municipal Affairs and Environment.
5.
Transportation
(1)
Transportation uses that may be permitted at Council's discretion will be limited to
roads and associated infrastructure, for example, a culvert or bridge across a
stream.
(2)
A transportation use will not be permitted if:
(a)
Reasonable alternative locations for access are 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 necessary Provincial approvals.
64
PART 9 - USE ZONE TABLES
-
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
9.3
Coastal (CO) Zone
1.
2.
PERMITTED USE CLASSES
See Re ulation 8.4
Conservation
Open space
DISCRETIONARY USE CLASSES
See Re ulations 3.21 4 and 8.5
Dock (See Condition 3)
Fisheries facility (See Condition 2)
Marina (See Condition 2)
Marine facility (See Condition 2)
Single dwelling (Condition 6)
Slipway (Condition 3)
Sta e Condition 3
CONDITIONS
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the Permitted Use Classes and not
contrary to the general intent of the Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will not
detract from the general quality and amenities of the area.
Fisheries, Marine, and Marina Developments
At Council's discretion, a fisheries, marine, or marina facility may be permitted if it is for
commercial or public use and is deemed by Council to be coastal location essential,
environmentally acceptable, compatible with surrounding development, and not contrary
to the public interest.
Any approval of a proposed development will be subject to terms and conditions set by
Council.
3.
Recreational Docks, Slipways, and Stages
A recreational dock, slipway, or stage may be permitted as a Discretionary Use only if its
proposed location, size, and use are deemed by Council to be environmentally acceptable,
compatible with surrounding development, and not an impediment to public access to or
along the shoreline. The maximum floor area of a shed on a stage will be 16 square
metres.
Approval will be subject to terms and conditions set by Council.
4.
Public Access
Council will ensure that sufficient and appropriate public access is maintained to and along
coastal shorelines provided that such access does not unreasonably impinge on the use
and enjoyment of adjacent private lands.
65
PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
5.
Site Excavation and Infilling
Excavation and infilling of land above or below the water line will not be permitted except
where it is related to a public work, fisheries or marine facility, or marina that has been
approved by the Department of Municipal Affairs and Environment, Fisheries and Oceans
Canada, and other applicable agencies.
6.
Single Dwelling
Council will not consider an application to develop a single dwelling within the Coastal
zone except under the following circumstances:
.
(a)
The lot on which the proposed dwelling is to be erected was in existence on the
date that these Development Regulations came into effect,
(b)
There is no opportunity on the lot to erect the dwelling outside the Coastal zone,
(c)
Necessary approvals are obtained from .relevant government agencies, and
(d)
The erection of the dwelling, as well as associated clearing of vegetation and
landscaping, meets all terms and conditions set by Council aimed at mitigating
potential environmental impacts.
7.
Environmental Control
(1)
All approved developments and utilities must be designed and constructed in
accordance with high environmental standards as specified in terms and
conditions established 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 potential environmental effects.
66
PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
9.4
Residential Mixed (RM) Zone
PERMITTED USE CLASSES
(See ReQulation 8.4)
Single dwelling
Subsidiary apartment (See Condition 4)
Accessory building (See Regulation 5.2)
Childcare (See Regulation 5.8)
Conservation
Home office
Open space
Personal crop use (See Condition 5)
Transportation
DISCRETIONARY USE CLASSES
(See ReQulations 3.21(4) and 8.5)
Double dwelling
Mini-home
Row dwelling
Arts and crafts studio
Bed and breakfast (See Regulation 5.6)
Boarding house
Campground (See Regulation 5.7)
Catering
Cemetery
Club and lodge
Commercial accommodation
Communications
Cultural and civic
Emergency service
Energy generation facility (See Regulation 5.9)
Garden centre
General assembly
General service
Home occupation (See Regulation 5.11)
Indoor assembly
Indoor market
Kennel (See Condition 6)
Light industry
Medical service
Office
Outdoor assembly
Outdoor market
Personal livestock use (See Regulation 5.14)
Personal service
Recreational open space
Residential care (See Regulation 5.15)
Shop
Take-out food service
Tourist cottage establishment (See Regulation
5.7)
Visitor rental dwellinq (See Requlation 5.6)
PART 9 - USE ZONE TABLES
67
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
DEVELOPMENT STANDARDS
Double
STANDARD
Single Dwelling
Mini-Home
Dwelling
(per unit)
Fully Serviced Areas municipal water and municipal sewer)
Minimum lot area
390 m2
330 m2
300 m2
Minimum lot width (frontaqe)
13.0 m
11 .0 m
10.0 m
Minimum frontyard setback
7.5m
7.5 m
7.5m
Semi Serviced Areas (one of municipal water or municipal sewer)
Minimum lot area
1500 m2
1500 m2
Minimum lot width (frontaqe)
23.0 m
23.0m
Not Permitted
Minimum frontyard setback
7.5m
7.5 m
Unserviced Areas (no municipal water and no municipal sewer)
Minimum lot area
2000 m2
2000 m2
Minimum lot width (frontage)
30.0 m
30.0 m
Not Permitted
Minimum frontyard setback
7.5m
7.5 m
All Areas
Minimum sideyard (each side)
1.5 m + 2.5 m
1.5 m + 2.5 m
2.5 m
Min. sideyard on flanking street
6.0m
6.0 m
6.0 m
Minimum rearyard
8.0m
8.0 m
8.0 m
Minimum distance between
3.0m
3.0 m
3.0 m
buildinqs
Maximum lot coverage - all
35%
35%
40%
buildinqs
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 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
Childcare and double dwellings will not be permitted in any area where municipal water
and sewer services are not available.
68
PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
3.
Onsite Services
An application for a residential, commercial or other development that cannot be
connected to municipal water and sewer will be approved only if it has received the
necessary Provincial approvals for an on-site well and sewage treatment system.
4.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling. Subsidiary
apartments will not be permitted in mini-homes, double 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.
Personal Crop Uses
Personal crop uses may include home gardens, small-scale commercial farming that is
accessory to a residential use, and community gardens.
6.
Kennels
A kennel, if permitted at Council's discretion, will be subject to such terms and conditions
deemed necessary to restrict the number of dogs, cats, or other animals on the premises
and to minimize potential noise, odour, and other impacts on neighbouring land uses.
69
PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
9.5
Residential (RES) Zone
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Requlation 8.4)
(See Requlations 3.21 (4) and 8.5)
Single dwelling
Double dwelling
Subsidiary apartment (See Condition 4)
Mini-home
Accessory building (See Regulation 5.2)
Row dwelling
Childcare (See Regulation 5.8)
Bed and breakfast (See Regulation 5.6)
Conservation
Energy generation facility (See Regulation
Home office
5.9)
Open space
Home occupation (See Regulation 5.11)
Personal crop use (See Condition 5)
Kennel (See Condition 6)
Recreational open space
Residential care (See Regulation 5.15)
Transportation
Visitor rental dwelling (See Regulation 5.6)
DEVELOPMENT STANDARDS
Double
STANDARD
Single Dwelling
Mini-Home
Dwelling
(per unit)
Fully Serviced Areas municipal water and municipal sewer)
Minimum lot area
390 m2
330 m2
300 m2
Minimum lot width (frontaqe)
13.0 m
11.0 m
10.0 m
Minimum frontyard setback
7.5m
7.5 m
7.5 m
Semi Serviced Areas (one of municipal water or municipal sewer)
Minimum lot area
1500 m2
1500 m2
Minimum lot width (frontaqe)
23.0 m
23.0 m
Not Permitted
Minimum frontyard setback
7.5m
7.5m
Unserviced Areas (no municipal water and no municipal sewer)
Minimum lot area
2000 m2
2000 m2
Minimum lot width (frontaqe)
30.0 m
30.0 m
Not Permitted
Minimum frontyard setback
7.5m
7.5m
All Areas
Minimum sidevard (each side)
1.5 m + 2.5 m
1.5 m + 2.5 m
2.5m
Min. sidevard on flankina street
6.0 m
6.0 m
6.0m
Minimum rearyard
8.0 m
8.0 m
8.0 m
Minimum distance between
3.0 m
3.0 m
3.0 m
buildinas
Maximum lot coverage - all
35%
35%
40%
buildinqs
70
PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
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 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
Childcare and double dwellings will not be permitted in any area where municipal water
and sewer services are not available.
3.
Onsite Services
An application for a residential, commercial or other development that cannot be
connected to municipal water and sewer will be approved only if it has received the
necessary Provincial approvals for an on-site well and sewage treatment system.
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 houses, 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.
Personal Crop Uses
Personal crop uses may include home gardens, small-scale commercial farming that is
accessory to a residential use, and community gardens.
6.
Kennels
A kennel, if permitted at Council's discretion, will be subject to such terms and conditions
deemed necessary to restrict the number of dogs, cats, or other animals on the premises
and to minimize potential noise, odour, and other impacts on neighbouring land uses.
7 1
PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
9.6
Residential Seasonal (RS) Zone
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Requlation 8.4)
(See Requlations 3.21(4) and 8.5)
Recreational dwelling
Energy generation facility (See Regulation
Accessory building (See Regulation
5.9)
5.2)
Conservation
Personal crop use (See Condition 2)
Open space
DEVELOPMENT STANDARDS
Recreational Dwelling
Minimum lot area
3000 m2
Minimum lot width
40 m
Minimum frontvard setback
4.0 m
Minimum sidevard setback
2.5 m
Minimum rearyard setback
4.0 m
Minimum distance between buildinas
3.0 m
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 not contrary to the general intent of the Municipal Plan and Development
Regulations.
2.
Personal Crop Uses
Personal crop uses may include hobby and small-scale commercial farming that is
accessory to a residential use as well as a community garden
3.
Exemption from Street Frontage Requirement
Lots in this zone are exempted from Regulation 4.10 of these Regulations, which does
not permit a building to be erected on a lot that does not front onto a public street.
4.
Road Upkeep and Maintenance
Access roads to cottage areas in the Residential Seasonal zone are not owned by Council
and are not the responsibility of Council to maintain.
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PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
9. 7 · Commercial (COM) Zone
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Requlation 8.4)
(See Requlations 3.21 (4) and 8.5)
Catering
Campground (See Regulation 5.7)
Childcare (See Regulation 5.8)
Club and lodge
Communications
Commercial accommodation
Conservation
Drinking establishment
Cultural and civic
Energy generation facility (See Regulation 5.9)
Emergency service
Entertainment
Garden centre
General assembly
General service
General garage (See Regulation 5.17)
Indoor market
General industry
Light industry
Indoor assembly
Medical clinic
Kennel (See Condition 6)
Office
Outdoor assembly
Open space
Recreational open space
Outdoor market
Recycling facility
Personal service
Service station (See Regulation 5.17)
Shop
Subsidiary apartment (See Condition 4)
Transportation
Take-out food service
Veterinary
Tourist cottage establishment (See Regulation
5.7)
DEVELOPMENT STANDARDS
All Uses
Minimum frontyard setback
8.0m
Minimum sidevard setback
5.0m
Min. sidevard setback flankinq street
8.0 m
Minimum rearvard setback
10.0 m
CONDITIONS
1.
Discretionary Uses
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.
73
PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
2.
Development Standards
Where a commercial, industrial or other development is permitted in the Commercial zone,
it will be subject to the following:
(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 with regard to safety,
appearance, and compatibility with surrounding land uses.
( c)
It will provide for adequate off-street parking to meet the needs of the development.
(d)
It will meet such other conditions that are deemed necessary by Council.
(e)
No change in the type or scale of the use will be permitted except in accordance
with a new development permit and conditions set by Council.
3.
Onsite Services
An application for a residential, commercial or other development that cannot be
connected to municipal water and sewer will be approved only if it has received the
necessary Provincial approvals for an on-site well and sewage treatment system.
4.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted on a single commercial lot.
(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.
Outdoor Storage
Council may require fencing or other forms of screening of an outdoor storage area where
the quantity or type of material being stored would contribute to unsightly appearance.
6.
Kennels
A kennel, if approved by Council, may be subject to such terms and conditions deemed
necessary to restrict the number of dogs, cats, or other animals on the premises and to
minimize potential noise, odour, and other impacts on neighbouring land uses.
7.
Dangerous, Hazardous, and Noxious Uses
In accordance with Regulation 4.11 , Council may restrict the development or location of
any use or activity that it deems might be dangerous or might release or emit a hazardous,
noxious, or polluting substance that would affect neighbouring properties.
8.
Flammable Liquids Storage
All buildings, tanks, and structures related to the bulk storage of flammable liquids shall
conform to the requirements of the Provincial Fire Commissioner and shall be surrounded
by such buffers and landscaping as Council may require to reduce risks to adjacent uses
due to fire, explosion, or spillage of flammable liquid.
74
PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
9.
Screening and Landscaping
Council may require buffering or screening of sites with natural or planted vegetation,
fencing, or structural barriers to reduce the aesthetic impact of industrial uses on nearby
residential areas and public streets and highways.
75
PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
9.8
Tourism Resource (TR) Zone
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 3.21 (4) and 8.5)
Conservation
Campground (See Regulation 5. 7)
Open space
Catering
Energy generation facility (See Regulation 5.9)
Outdoor market (See Condition 4)
Recreational open space
Shop
Subsidiary apartment (See Condition 3)
Take-out food service
Tourist cottage establishment (See Regulation
5.7)
Transportation
CONDITIONS
1.
Discretionary Uses
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.
Development Standards
An approved development in the Tourism Resource zone will be subject to the following:
(a)
It will be designed and maintained to a high standard with regard to safety,
appearance, and compatibility with surrounding land uses.
(b)
It will meet all development standards conditions deemed necessary by Council.
(c)
No change in the type or scale of the use will be permitted except in accordance
with a new development permit and conditions set by Council.
76
PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
3.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted on a single commercial lot.
(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.
Outdoor Markets
An outdoor market, if permitted at Council's discretion, will be for a temporary period only
as specified in the development permit.
77
PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
9.9
Public Use (PU) Zone
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 3.21(4) and 8.5)
Childcare (See Regulation 5.8)
Catering (See Condition 3)
Conservation
Cemetery (See Condition 2)
Educational
Club and lodge
Medical clinic
Cultural and civic
Open space
Energy generation facility (See Regulation 5.9)
Transportation
General assembly
Indoor assembly
Outdoor assembly
Place of worship
Recreational open space
Residential care (See Regulation 5.15)
DEVELOPMENT STANDARDS
All Uses
Minimum frontvard setback
10.0 m
Minimum sidevard setback
2.0 m and 1.0 m
Min. sideyard setback flankinQ street
6.0 m
Minimum rearvard setback
10.0 m
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.
Cemetery
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.
3.
Catering
Catering ~ay be permitted only as an accessory use to a main use.
78
PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
9.10
Rural (RU) Zone
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 8.4)
(See Regulations 3.21 (4) and 8.5)
Conservation
Campground (See Regulation 5. 7)
Crop agriculture
Cemetery (See Condition 6)
Forestry
Communications
Open space
Energy generation facility (See Regulation 5.9)
Transportation
General industrial (See Condition 3)
Light industrial (See Condition 3)
Livestock agriculture (See Regulation 5.5)
Mineral exploration (See Regulation 5.12)
Mineral working (See Regulation 5.13)
Mining
Outdoor market (See Condition 5)
Petroleum exploration (See Regulation 5.12)
Petroleum extraction
Recreational open space
Salvage yard (See Regulation 5.16)
Shop (See Condition 5)
Sinqle dwellinq (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.
79
PART 9 - USE ZONE TABLES
TOWN OF INDIAN BAY DEVELOPMENT REGULATIONS
(c)
The dwelling will be subject to such other terms and conditions as deemed
appropriate by Council.
3.
General and Light Industrial Uses
At its discretion, Council may permit a general or 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.
(d)
The use can be screened from public streets and lands designated for urban uses.
( e)
The use generates low volumes of traffic.
(f)
The use will have no deleterious effects on the environment.
(g)
The use does not include warehousing, wholesale, or retail activities.
(h)
The use will be subject to such other terms and conditions as deemed appropriate
by Council.
4.
Hazardous and Noxious Uses
Council may restrict the development or location of any use or activity that might release
or emit a hazardous or noxious substance that would affect neighbouring properties.
5.
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.
6.
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.
7.
Exemption from Street Frontage Requirement
At Council's discretion, approved buildings in this zone may be exempted from Regulation
4.1 O of these Regulations only if the proposed use conforms with all conditions outlined in
these Regulations as well as any other conditions that may be set by Council.
80
PART 9 - USE ZONE TABLES
APPENDICES
81
I
__ __J
82
APPENDIX A - CLASSIFICATION OF USES OF LAND AND
BUILDINGS
83
84
APPENDIX A-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 Schedule C 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 USES
Single Dwelling
Single detached dwellings
Double Dwelling
Semi-detached dwellings, duplex dwellings
Row Dwelling
Townhouses, row houses
Apartment Building
Apartment buildings
Mini-home
Mini-homes
Collective Residential
Educational residences, nurse and hospital
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
Dwelling
Residential Care
Seniors housing, personal care homes, nursing
homes, Qroup homes
Recreational Dwel,ling
Cabins, cottages
Home Office
Home offices
Home Occupation
Home occupations
Accessory Building
Sheds, garages, greenhouses, root cellars,
personal livestock shelters, portable shelters
85
GROUP
CLASS
EXAMPLES
COMMERCIAL
Campground
Campgrounds, trailer parks, RV parks
USES
Catering
Restaurants, coffee shops, bake shops
Commercial
Hotels, motels, inns.
Accommodation
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
General Garage
Repairs and services for vehicles and
equipment
General Service
Car washes, laundromats, tools and
aooliances.
Indoor Market
Farmer markets, exhibition halls, flea markets
Kennel
Kennels
Medical clinic
Clinics, medical offices, dental offices
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, computer
Personal Service
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.
Shop
Retail shops, showrooms, supermarkets,
convenience stores, qift shops, specialty shops
Shopping Centre
Shopping centres
Take-out Food Service
Take-out restaurant, food stand, mobile
canteen
Tourist Cottage
Tourist cottages establishments
Establishment
Vehicle Sales and
Automobile dealerships, recreational vehicle
Services
dealerships, heavy equipment dealerships
Veterinary
Veterinary clinics
86
GROUP
CLASS
EXAMPLES
Cemetery
Cemeteries
INSTITUTIONAL
Daycare centres, home child care services,
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
Emergency Service
Police stations, fire stations, ambulance service
General Assembly
Community halls, lodge halls, dance halls,
exhibition halls, ~wmnasia, auditoria
Recreation centres, arenas, ice rinks, indoor
Indoor Assembly
swimming pools, armouries, fitness clubs,
bowling alleys
Medical Treatment
Hospitals, medical care centres, medical clinics
Bleachers, grandstands, outdoor ice rinks,
Outdoor Assembly
outdoor swimming pools, amusement parks,
fairgrounds, exhibition grounds, drive-in
theatres
Passenger Assembly
Airport terminals, bus stations
Penal and Correctional
Jails, prisons, reformatories, group homes
Detention
Place of Worship
Churches and similar places of worship, church
halls
Residential Care
Seniors housing, personal care homes, nursing
homes, qroup homes
GROUP
CLASS
EXAMPLES
Buffer strips, watersheds, protected sensitive
CONSERVATION
Conservation
areas (e.g. steep slopes, wetlands, wildlife
AND
habitat)
OPEN SPACE USES
Open Space
Parks, trails, boardwalks, protected green
areas, picnic areas
Recreational Open
Sports fields, running tracks, playgrounds,
Space
outdoor skating rinks, golf courses, dog parks
87
GROUP
CLASS
EXAMPLES
Vegetable and hay farms, hobby farms, market
NATURAL
Crop Agriculture
gardens, community gardens, nurseries,
RESOURCE USES
greenhouses
Forestry
Forest harvesting, silviculture, forest access
roads
Livestock Agriculture
Livestock barn, dairy farm, grazing land
Mineral Exploration
Mineral exploration and associated activities
(e.g. access roads, rock drilling)
Mineral Working
Pits, quarries, washing plants, screening
plants, crushers
Mining
Mineral extraction, ore stockpiles, mineral
processing plants
Personal Crop Use
Home gardens, community gardens
Personal Livestock
Keeping of horses, hens, etc. for personal use
Use
Petroleum exploration
Petroleum exploration and associated activities
(e.g. access roads, rock drilling)
Petroleum extraction
Petroleum extraction and associated activities
(e.g. tanks, piping, pipelines
GROUP
CLASS
EXAMPLES
Fisheries Facility
Wharves, stages, slipways, fishplants,
aquaculture facilities, ice-making facilities
Factories, cold storage plants, bulk storage
General Industry
facility, freight depots, planing mills,
construction yards
Bulk storage of hazardous liquids and
Hazardous Industry
substances, chemical plants, distilleries
feed mills, spray painting shops
Workshops, light industry, indoor storage
Light Industry
centres, warehouses, greenhouses,
recycling depots, workshops, general
qaraqes
Wharves, loading docks, shipyards,
Marine Facility
slipways, refuelling services, marine repair
services
Salvage Yard
Car wrecking yards, junk yards, salvage
vards, scrap dealers
88
GROUP
CLASS
EXAMPLES
TRANSPORTATION
Transportation
Roads, bridges, marine structures, air fields
. AND
Marina
Marinas, docks, moorings, slips, boat refuelling
UTILITY USES
and repair services
Communications
Communications towers, telephone exchanges,
transmitting and receiving masts and antenna
Dock
Recreational docks, slipways, and stages
Energy Generation
Wind generators, solar generators, small hydro
Facility
qenerators, heatinq plants
Electrical Utility
Hydro plants, electrical transmission lines,
electrical power substations
Water Utility
Water intakes, treatment facilities, pipelines
Wastewater Utility
Sewage treatment plants, sewer outfalls,
pipelines
Solid Waste Utility
Landfill sites, recycling facilities
89
90
APPENDIX B - OFFSTREET LOADING AND PARKING
REQUIREMENTS
91
92
APPENDIX B - 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.
(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.
93
(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 front lot 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.
(3)
The number of spaces to be provided for off-street parking will be in accordance
with the following table.
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OFF-STREET PARKING SPACE REQUIREMENTS
CLASS
MINIMUM SPACES
MAXIMUM SPACES
Theatre
1.0 per 6 seats.
N/A
Cultural and Civic
1.0 per 60 m2 of gross floor areas.
N/A
General Assembly
1.0 per 15 m2 of 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 Worship
1.0 per 6 seats.
N/A
Passenger
As specified by Council.
N/A
Assembly
Club and Lodge
1.0 per 3 persons of permitted
N/A
occupancy
Catering
1.0 per 3 persons of permitted
N/A
occupancy
Funeral Home
1.0 per 12 m2 of qross floor area.
N/A
Child Care
1.0 per 30 m2 of gross floor area
N/A
Amusement
1.0 per 15 m2 of qross floor area.
N/A
Outdoor Assembly
As specified by Council.
N/A
Campqround
As specified by Council.
N/A
Hospital
1.0 per 22 m2 of suite or ward area
N/A
Single Dwelling
2.0 per dwellinq unit
4.0 per dwellinq unit
Double Dwellinq
2.0 per dwellinq unit
3.0 per dwelling unit
Row Dwellinq
2.0 per dwellinq unit
3.0 per dwelling unit
Apartment Buildinq
1.5 per dwelling unit
2.5 per dwellinq 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 quest 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 quest room
Commercial
1.0 per guest room.
2.0 per guest room
Accommodation
Mini-Home
2.0 per dwellinq unit
3.0 per dwellinq unit
Office
1.0 per 25 m2 of gross floor area.
N/A
Medical and
1.0 per 25 m2 of gross floor area.
N/A
Professional
Outdoor Market
As specified by Council.
N/A
Convenience Store
1.0 per 20 m2 of qross floor area.
N/A
General and
As specified by Council, but not less
hazardous industry
than 1.0 per 100 m2 of gross floor
N/A
area.
Service Station
1.0 per 20 m2 of qross floor area.
N/A
Light Industry
As specified by Council but not less
N/A
than 1.0 per 50 m2 of qross floor area.
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96
APPENDIX C - PROVINCIAL DEVELOPMENT REGULATIONS
97
98
APPENDIX C-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
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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,
(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,
100
-
(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;
(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
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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)
"use" means a building or activity situated on a lot or a development permitted on
a lot;
(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;
(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.
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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., A1B
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.
(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.
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(4)
Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate authority, a notice that the
appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2
weeks before the date upon which the appeal is to be heard by the board.
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.
(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
104
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.
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 ih 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.
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Non-conformance with standards
16.
Where a building, structure or development does not meet the development
standards included in development regulations, the building, structure or development shall not
be expanded if the expansion would increase the non-conformity and an expansion must
comply with the development standards applicable to that building, structure or development.
Discontinuance of non-conforming use
17.
An authority may make development regulations providing for a greater period of
time than is provided under subsection 108(2) of the Act with respect to the time by which a
discontinued non-conforming use may resume operation.
Delegation of powers
18.
An authority shall, where designating employees to whom a power is to be
delegated under subsection 109(3) of the Act, make that designation in writing.
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APPENDIX D - LAND USE ZONING MAPS
107