Town of Irishtown-Summerside Development Regulations (effective May 7, 2021)
Irishtown-Summerside, Newfoundland and Labrador
· adopted 2021-05-07
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Town of Irishtown-Summerside
Development Regulations
2020-2030
Prepared by
Baird Planning Associates
March 2021
Urban and Rural Planning Act 2000
Resolution to Approve
Town of lrishtown-Summerside Development Regulations
2020 - 2030
Under the authority of Section 16, Section 17, and Section 18 of the Urban and Rural
Planning Act 2000, the Town Council of lrishtown-Summerside
(a) Adopted the lrishtown-Summerside Development Regulations on the 8th day of December
2020.
(b) Gave notice of the adoption of the lrishtown-Summerside Municipal Plan by advertisement:
Posted at the Town Hall and on bulletin boards at the Canada Post community mailbox
station, Brent's Convenience, and First Stop Convenience on December 14, 2020.
Posted on the Town's Facebook page on December 14, 2020.
(c) Set the 18th day of January 2021 at the Town Hall, lrishtown-Summerside for receipt of
objections and other representations for consideration by the Public Hearing Commissioner.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town
Council of lrishtown-Summerside approves the lrishtown-Summerside Development Regulations
with the following change.
-
Sections 5.14 and 5.15 of the adopted version are merged into one section (new Section
5.14) to combine previously separate provisions for small and large livestock species. Other
changes include the removal of cows and pigs from the list of species that may be permitted
and a change to the method of establishing the maximum number of animals that may be
permitted on a residential lot.
SIGNED AND SEALED this 10th day of March 2020.
Mayor:
(Council Seal}
Clerk:
Rita Blanchard
Development Regulations
REGISTERED
Number 2425-2021-000______
Date___________
Signature _________
April 30, 2021
Table of Contents
PART 1:
APPLICATION .............................................................................................................................. 1
1. 1
Title .................................................................................................................................................. 1
1.2
Interpretation .............................................................................................................................. 1
1.3
Commencement .......................................................................................................................... 1
1.4
Municipal Regulations and Codes ....................................................................................... 1
1.5
Council ............................................................................................................................................ 1
1.6
Provincial Development Regulations ................................................................................ 1
PART 2:
DEFINITIONS ............................................................................................................................... 3
PART 3:
GENERAL REGULATIONS .................................................................................................... 24
3.1
Compliance with Regulations ............................................................................................ 24
3.2.
Permit Required ...................................................................................................................... 24
3.3
Permit to be Issued ................................................................................................................ 24
3.4
Permit Not to be Issued in Certain Cases ..................................................................... 24
3.5
Discretionary Powers of Council ...................................................................................... 24
3.6
Variances .................................................................................................................................................. 25
3.7
Non-Conforming Uses ........................................................................................................... 26
3.8
Service Levy .............................................................................................................................. 27
3.9
Financial Guarantees by Developer ................................................................................ 27
3.10
Dedication of Land for Public Use ................................................................................... 27
3.11
Restoration of Land ............................................................................................................... 28
3.12
Form of Application ............................................................................................................... 28
3.13
Register of Applications ....................................................................................................... 28
3.14
Deferment of Application .................................................................................................... 28
3.15
Approval in Principle ............................................................................................................ 28
3.16
Development Permit ............................................................................................................. 29
3.17
Temporary Use ........................................................................................................................ 30
3.18
Permit Fees ................................................................................................................................ 30
3.19
Compliance with Legislation .............................................................................................. 30
3.20
Statement of Reasons for Refusing or Setting Conditions on a Permit ........... 31
3.21
Notice of Application ............................................................................................................. 31
3.22
Delegation of Powers ............................................................................................................ 32
3.23
Right of Entry ............................................................................................................................ 32
3.24
Record of Violations .............................................................................................................. 32
3.25
Stop Work Order and Prosecution .................................................................................. 33
3.26
Notice of Right to Appeal ..................................................................................................... 33
3.27
Appeals ........................................................................................................................................ 33
3.28
Return of Appeal Fee ............................................................................................................. 33
3.29
Monitoring and Enforcement ............................................................................................ 33
PART 4:
GENERAL DEVELOPMENT STANDARDS ...................................................................... 34
4.1
Accesses and Service Streets ............................................................................................. 34
4.2
Archaeological Sites ............................................................................................................... 34
4.3
Industrial Use Buffers ........................................................................................................... 34
4.4
Fire Hydrant Buffers .............................................................................................................. 34
4.5
Watercourses and Wetlands .............................................................................................. 34
4.6
Building Lines and Setbacks .............................................................................................. 35
4.7
Multiple Uses on One Lot ..................................................................................................... 36
4.8
Main Buildings on a Lot ........................................................................................................ 36
4.9
Lot Area ....................................................................................................................................... 36
4.10
Lot Area and Size Exceptions ............................................................................................. 37
4.11
Street Frontage ........................................................................................................................ 37
4.12
Offensive and Dangerous Uses .......................................................................................... 37
4.13
Screening and Landscaping ................................................................................................ 37
4.14
Public Services and Utilities ............................................................................................... 37
4.15
Land Capability for Development .................................................................................... 38
4.16.
Unserviced Development .................................................................................................... 38
4.17
Site Excavation and Infilling ............................................................................................... 39
4.18
Street Construction Standards .......................................................................................... 39
4.19
Sight Lines at Intersections ................................................................................................ 39
4.20
Development in the Vicinity of a Public Right-of-Way ........................................... 39
PART 5:
SPECIFIC USE REGULATIONS ............................................................................................ 40
5.1
Access Ramps ........................................................................................................................... 40
5.2
Accessory Buildings ............................................................................................................... 40
5.3
Accessory Uses ......................................................................................................................... 42
5.4
Agriculture - Commercial Livestock Facilities ........................................................... 42
5.5
Bed and Breakfasts (B&Bs) and Visitor Rental Dwellings .................................... 43
5.6
Campgrounds and Tourist Cottage Establishments ................................................ 43
5.7
Camping Trailers and Recreational Vehicles .............................................................. 45
5.8
Childcare Services .................................................................................................................. 45
5.9
Domestic Sawmill ................................................................................................................... 46
5.10
Energy Generation Facilities .............................................................................................. 46
5.11
Home Occupations ................................................................................................................. 46
5.12
Mineral and Petroleum Exploration ............................................................................... 47
5.13
Mineral Workings ................................................................................................................... 48
5.14
Personal Livestock Use ......................................................................................................... 50
5.15
Residential Care ....................................................................................................................... 52
5.16
Salvage Yards ............................................................................................................................ 52
5.17
Service Stations and General Garages ............................................................................ 53
5.18
Storage and Scrapping of Car Wrecks and Other Salvage Materials ................ 53
PART 6:
SUBDIVISION OF LAND ........................................................................................................ 54
6.1
Application of Part 6 .............................................................................................................. 54
6.2
Subdivision Permit Required ............................................................................................. 54
6.3
Services to be Provided ........................................................................................................ 54
6.4
Payment of Service Levies and Other Charges ........................................................... 54
6.5
Permit Subject to Considerations .................................................................................... 54
6.6
Building Permits Required ................................................................................................. 55
6.7
Form of Application ............................................................................................................... 55
6.8
Subdivision Subject to Zoning ........................................................................................... 55
6.9
Building Lines ........................................................................................................................... 55
6.10
Dedication of Land for Public Use ................................................................................... 55
6.11
Structure in Street Reservation ........................................................................................ 56
6.12
Subdivision Requirements .................................................................................................. 56
6.13
Subdivision Design Standards ........................................................................................... 57
6.14
Engineer to Design Works and Certify Construction Layout ............................... 57
6.15
Developer to Pay Engineer's Fees and Charges ......................................................... 57
6.16
Street Works May Be Deferred ......................................................................................... 58
6.17
Transfer of Streets and Utilities to Council .................................................................. 58
6.18
Restriction on Sale of Lots .................................................................................................. 58
6.19
Grouping of Buildings and Landscaping ....................................................................... 59
6.20
Groundwater Assessment ................................................................................................................. 59
PART 7:
SIGNS ............................................................................................................................................ 60
7.1
Intent .......................................................................................................................................................... 60
7.2
Permit Required .................................................................................................................................... 60
7.3
Provincial Highway .............................................................................................................................. 60
7.4
Form of Application ............................................................................................................................. 60
7.5
Approval Subject to Conditions ...................................................................................................... 60
7.6
Signs Prohibited in Street Reservation ....................................................................................... 60
7.7
Sign Removal .......................................................................................................................................... 60
7.8
Signs Exempt from Control ............................................................................................................... 61
7.9
General Sign Standards ...................................................................................................................... 61
PART 8:
USE ZONES ................................................................................................................................. 62
8.1
Use Zones ................................................................................................................................... 62
8.2
Map Interpretation ................................................................................................................. 62
8.3
Use Classes ................................................................................................................................. 62
8.4
Permitted Uses ......................................................................................................................... 62
8.5
Discretionary Uses ................................................................................................................. 62
8.6
Uses Not Permitted ................................................................................................................ 63
PART 9:
USE ZONE TABLES ................................................................................................................. 64
9.1
Environmental Protection (EP) Zone ............................................................................. 65
9.2
Conservation Area (CA) Zone ............................................................................................ 68
9.3
Mixed Development (MD) Zone ....................................................................................... 69
9.4
Residential Low Density (RLD) Zone ............................................................................. 73
9.5
Residential Medium Density (RMD) Zone .................................................................... 77
9.6
Open Space (OS) Zone ........................................................................................................... 80
9.7
Rural Residential (RR) Zone .............................................................................................. 82
9.8
Rural (RU) Zone ....................................................................................................................... 84
APPENDIX A - LAND USE ZONING MAPS .............................................................................................. 89
APPENDIX B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ...................................... 92
APPENDIX C - OFFSTREET LOADING AND PARKING REQUIREMENTS ................................... 98
APPENDIX D - PROVINCIAL DEVELOPMENT REGULATIONS ................................................... 102
TOWN OF IRISHTOWN-SUMMERSIDE DEVELOPMENT REGULATIONS
PART 1 - APPLICATION
1
PART 1:
APPLICATION
1. 1 Title
These Regulations may be cited as the Irishtown-Summerside 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 Irishtown-Summerside 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 Irishtown-
Summerside having jurisdiction over the Irishtown-Summerside 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
TOWN OF IRISHTOWN-SUMMERSIDE DEVELOPMENT REGULATIONS
PART 1 - APPLICATION
2
and the Irishtown-Summerside Development Regulations, the Provincial Regulations
shall prevail. The Provincial Development Regulations are appended as Appendix D.
TOWN OF IRISHTOWN-SUMMERSIDE DEVELOPMENT REGULATIONS
PART 2 - DEFINITIONS
3
PART 2:
DEFINITIONS
GENERAL NOTE:
*A definition marked with one asterisk is also included in the Provincial Development
Regulations.
**A definition marked with two asterisks is also included in the Urban and Rural Planning Act.
*ACCESS means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the street.
*ACCESSORY BUILDING means a detached subordinate building not used for human
habitation, located on the same lot as the main building to which it is an accessory, the use of
which is customarily incidental or complementary to the use of the main building or land. It may
include:
(a)
For a residential use, a domestic garage, carport, ramp, shed, greenhouse, cold frame,
fuel shed, vegetable storage cellar, shelter for domestic pets, antennae, and/or a
portable shelter (see definition) that is used on more than a temporary basis.
(b)
For a commercial use, an office, workshop, storage building, garage, or portable shelter,
(c)
For an industrial use, an office, workshop, storage building, garage, portable shelter, 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 - See "CROP AGRICULTURE"
AGRICULTURE, LIVESTOCK - See "LIVESTOCK AGRICULTURE"
ANIMAL UNIT FOR COMMERCIAL AGRICULTURE means any one of the following animals
or groups of animals as specified by the Agriculture Lands Section (Department of Fisheries,
Forestry and Agriculture):
Type of
Livestock
Average Weight
per Animal (kg)
No. of Livestock
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
TOWN OF IRISHTOWN-SUMMERSIDE DEVELOPMENT REGULATIONS
PART 2 - DEFINITIONS
4
Boars
150
3
Sheep (ewe)
54
8
Sheep (lamb)
27
16
Goats
64
7
Foxes
11.35
40
Mink
3
150
Rabbits
2.27
200
Laying Hens
1.8
252
Broilers
.9
500
Pullets
1.3
350
Broiler turkey
6.5
70
Heavy turkey
7.5
60
Heavy toms
12
40
ANIMAL UNIT FOR PERSONAL USE means six (6) small animals of any permitted species
or one (1) large animal of any permitted species. (Refer to Regulation 5.14 for list of permitted
species)
ANTENNA means a building, structure, mast, or antenna used to facilitate the receiving or
transmitting of radio, television, telephone, cellular, Internet, or satellite communications.
APARTMENT BUILDING means a residential building containing three or more dwelling units
but does not include a row dwelling as defined in these Regulations.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
*APPLICANT means a person who has applied for a permit to carry out a development.
APPROVAL IN PRINCIPLE means a preliminary approval of a development conditional upon
the submission of additional plans and details before a development approval or building permit
is issued.
ARTS AND CRAFTS STUDIO means a building or portion thereof used for the production,
display, instruction, or sale of arts or crafts, but which does not include any activity that might
be offensively dirty or noisy in its operation.
ARTERIAL STREET means a main traffic artery to and through the Planning Area. Route 440
(aka Bay of Islands North Highway) is the only arterial street in Irishtown-Summerside. Within
the Town boundaries its official name is Main Street.
*AUTHORITY means the Municipal Council of the Town of Irishtown-Summerside.
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.
TOWN OF IRISHTOWN-SUMMERSIDE DEVELOPMENT REGULATIONS
PART 2 - DEFINITIONS
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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.
BOATHOUSE means a small building in a coastal (i.e. saltwater) location for storage of a
boat.
**BUILDING means:
(a)
a structure, erection, alteration or improvement placed on, over or under land or
attached, anchored or moored to land,
(b)
mobile structure, vehicle or marine vessel adapted or constructed for residential,
commercial, industrial and other similar uses,
(c)
a part of and fixture on a building referred to in subparagraphs (a) and (b), and
(d)
an excavation of land whether or not that excavation is associated with the intended or
actual construction of a building or thing referred to in subparagraphs (a) to (c).
*BUILDING HEIGHT means the vertical distance, measured in metres, from the established
grade to:
(i)
the highest point of the roof surface of a flat roof,
(ii)
the deck line of a mansard roof, and
(iii)
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.
*BUILDING LINE (See also SETBACK, FRONTYARD) means a line established by Council
that runs parallel to a street line and is set at the closest point to a street that building may be
placed.
TOWN OF IRISHTOWN-SUMMERSIDE DEVELOPMENT REGULATIONS
PART 2 - DEFINITIONS
6
CAMPGROUND means a contiguous parcel of land, managed as a unit, for the
accommodation of any combination of ten (10) or more recreational vehicles, travel trailers, or
tents used on a short term or seasonal basis, and where accessory uses may include an
administrative office, clubhouse, snack bar, laundry, convenience store, washroom, and
recreational area or facility.
CAR WRECK means a motor vehicle of any type that is disabled or non-operational, is no
longer licensed for road use, and/or has been parked or stored in the outdoors for longer than
six months.
CATERING means a building or part of a building where food is prepared and served within
the premises and includes a restaurant and coffee shop, but does not include a take-out food
service or drinking establishment.
CEMETERY means a facility or site reserved for the burial of the dead and may include a
mortuary and accessory maintenance facility.
CHILDCARE means a building or part of a building in which services and activities are regularly
provided to children of pre-school age during the full daytime period as defined under the Child
Care Act, but which does not include a school as defined 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.
COASTAL refers to land abutting marine or saltwater shorelines and excludes land abutting
freshwater shorelines.
COLLECTOR STREET means a street that links local streets with arterial streets or other
collector streets, and which is designated as a collector street in the Municipal Plan and shown
on the Future Land Use and Land Use Zoning Maps.
COMMERCIAL RESIDENTIAL means a building, or part thereof, used to provide short-term
accommodation for paying guests. Accommodation may be self-contained (with kitchen and
bathroom) or serviced (meals provided). Commercial residential may include a hotel, motel, or
inn, but not a bed and breakfast, visitor rental dwelling, tourist cottage establishment, or
campground, which are each defined separately.
COMMUNICATIONS means an establishment or facility in the field of communications,
including publishing companies, printing businesses, radio stations, television stations, and
telephone companies.
COMMUNITY GARDEN means a common outdoor space where residents grow and care for
vegetables and/or flowers for personal consumption or non-commercial purposes.
CONSERVATION means a use of land that serves to protect, maintain, or improve an
environmental resource or feature.
TOWN OF IRISHTOWN-SUMMERSIDE DEVELOPMENT REGULATIONS
PART 2 - DEFINITIONS
7
CONSTRUCTION YARD means an area used for the storage of construction materials,
supplies, equipment, tools, stockpiles of construction materials and aggregates, and other
items including storage containers, construction trailers, and temporary office trailers.
CONVENIENCE STORE means a retail store that is compatible with a residential area, does
not exceed a floor area of two hundred square metres (200 m²) and has at least eighty percent
(80%) of the retail floor space devoted to the sale and display of groceries.
COUNCIL means the Council of the Town of Irishtown-Summerside having jurisdiction of the
Irishtown-Summerside Municipal Plan and Development Regulations.
CREMATORIUM means a building fitted for the cremation of human remains and includes
everything incidental and ancillary thereto. In these Regulations an application to develop a
crematorium will not be considered.
CROP AGRICULTURE means a commercial crop operation, which may include:
(a) the clearing, draining, irrigating or cultivation of land for crop production,
(b) the production of field crops and greenhouse crops,
(c) the production of fruit and vegetables and other specialty horticultural crops,
(d) the operation of agricultural machinery and equipment,
(e) storage, use or disposal of organic wastes for farm purposes,
(f) the preparation of a non-livestock farm product for distribution from the farm gate,
including cleaning, grading and packaging,
(g) the operation of pick-your-own farms, roadside stands, farm produce stands, and tourist
operations as part of a farm operation, or
(h) any other non-livestock agricultural activity or process prescribed by Provincial
regulation that is carried on for gain or reward or in the hope or expectation of gain or
reward.
CULTURAL AND CIVIC means land or a building used for a cultural or civic activity such as a
museum, art gallery, interpretation centre, cultural centre, outdoor interpretive or educational
display, or used for a government activity not otherwise defined in these Regulations.
DECK means a structure abutting a dwelling or other building that has no walls and is
constructed on piers or a foundation above-grade for use as an outdoor living area.
**DEVELOPMENT means the carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the use, or the
intensity of use of any land, buildings, or premises and includes:
(a)
the making of an access onto a highway, road or way,
(b)
the erection of an advertisement or sign,
(c)
the construction of a building,
(d)
the parking of a trailer, or vehicle of any description used for the sale of refreshments
or merchandise, or as an office, or for living accommodation, for any period of time.
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
TOWN OF IRISHTOWN-SUMMERSIDE DEVELOPMENT REGULATIONS
PART 2 - DEFINITIONS
8
materially affect the external appearance or use of the building,
(b)
the carrying out by a highway authority of any works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the
road reservation,
(c)
the carrying out by any local authority or statutory undertakers of any works for the
purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other
apparatus, including the breaking open of any street or other land for that purpose, and
(d)
the use of any building or land within the courtyard of a dwelling house for any purpose
incidental to the enjoyment of the dwelling house as such.
**DEVELOPMENT REGULATIONS means these regulations and regulations and by-laws
respecting development that have been enacted by Council.
*DISCRETIONARY USE means a use that is listed within the discretionary use classes
established in the use zone tables of Council's development regulations.
DISTANCE means the 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 structure extending into a body of water, but does not
include a marina, marine facility, or slipway, which are each defined separately in these
Regulations.
DOMESTIC ANIMAL means any animal normally and customarily kept by domestic
households for pleasure and companionship, excluding horses, goats, sheep, pigs, poultry,
pheasants, and livestock.
DOMESTIC SAWMILL - See SAWMILL, DOMESTIC
DOUBLE DWELLING means a building containing two dwelling units, placed one above the
other (duplex), or side by side (semi-detached), but does not include a single dwelling
containing a subsidiary apartment.
DRAINAGE means the removal of surface or subsurface water by a channel, open ditch,
grassed waterway, or conservation structure.
DRINKING ESTABLISHMENT means a commercial operation, assembly hall, club, or
lounge in which the sale and consumption of liquor is licensed under the Liquor Control Act,
and in which meals and food may be served for consumption on the premises and
entertainment may be provided.
DRIVEWAY means a vehicular passageway having at least one end thereof connected to a
public street and providing ingress to and/or egress from a lot.
DWELLING means a main building or portion thereof, which contains one or more dwelling
units.
TOWN OF IRISHTOWN-SUMMERSIDE DEVELOPMENT REGULATIONS
PART 2 - DEFINITIONS
9
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used
or designed as the living quarters for one household.
EDUCATIONAL means an institution of learning that includes primary, elementary, junior high,
and senior high schools, public and colleges, universities, as well as buildings used for
temporary training activities.
EMERGENCY SERVICE means a fire station, police station, ambulance station, rescue centre,
or other facility for the provision of emergency services, including a related training facility.
ENERGY GENERATION FACILITY means a small-scale facility for the generation of
electricity.
ENGINEER means a professionally certified engineer who is employed or retained by Council
or is employed or retained by a developer in relation to a development that requires Council
approval.
ENTERTAINMENT means the internal use of a building for entertainment activities, and may
include a bowling alley, theatre, games arcade, poolroom, youth centre, or similar use.
*ESTABLISHED GRADE means:
(a)
where used in reference to a building, the average elevation of the finished surface of the
ground where it meets the exterior or the front of that building exclusive of any artificial
embankment or entrenchment, or
(b)
where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure exclusive of any
artificial embankment or entrenchment.
TOWN OF IRISHTOWN-SUMMERSIDE DEVELOPMENT REGULATIONS
PART 2 - DEFINITIONS
10
EXCAVATION OF LAND means the removal of soil, gravel, or bedrock material to prepare a
site for development or to sell for off-site use.
FENCE means a barrier, railing or other upright structure to mark a boundary, control access,
prevent escape, serve as a landscape feature, or provide some combination of all these
functions. The construction of a fence in Irishtown-Summerside requires a development permit.
FISHERIES FACILITY means a facility near or abutting coastal water for a purpose related to
commercial fishing, aquaculture, or fish processing, including a wharf, gear shed, or slipway.
*FLOOR AREA means the total area of all floors in a building measured to the outside face of
exterior walls.
FORESTRY means the growing and harvesting of trees and, without limiting the generality of
the foregoing, shall include cutting of fuelwood, sawlogs, Christmas trees, and other products.
FRONT LOT LINE (See LOT LINE, FRONT] and STREET LINE)
*FRONTAGE (or LOT WIDTH) means the horizontal distance between side lot lines measured
at the building line.
FRONTYARD SETBACK - See "SETBACK, FRONTYARD"
FUNERAL HOME means the use of a building for the provision of funeral services, which may
include a facility to prepare human remains for interment and a chapel for commemorative
services but may not include a crematorium.
FUTURE STREET means a portion of land delineated on a development plan as a "Future
Street", which is to be used as a street at some date in the future and which the title of the land
will be vested with Council upon the completion of the development.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use to a
main building on the lot.
GARDEN CENTRE means the use of land, buildings, or structures or part thereof for the
purpose of growing and selling plants and garden equipment and supplies.
GENERAL ASSEMBLY means land or buildings used as gathering places for substantial
numbers of people and, without limiting the generality of the foregoing, includes auditoriums,
convention centres, public and private halls, gymnasiums, bowling alleys, theatres, and similar
gathering places.
GENERAL GARAGE means land or a building used for the commercial repair, maintenance
and storage of motor vehicles and may include the sale of gasoline or diesel oil.
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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
limitation, this definition includes, but is not limited to, facilities referred to as "group care
homes", "halfway houses", and "foster homes". Any home that provides care to three or less
persons is treated in these Regulations the same as any other private dwelling.
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.
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HOTEL means a commercial establishment that consists of a building with three or more
attached sleeping units grouped under one roof designed to accommodate the traveling public,
which may or may not have restaurant, retail, and personal services.
INDOOR ASSEMBLY means land or a building used as a gathering place for sports-related
recreational activities and, without limiting the generality of the foregoing, includes arenas,
armories, and ice rinks.
INDOOR MARKET means the use of a building for the display and sale of goods and produce
by a number of retail enterprises.
INFILL DEVELOPMENT means development or redevelopment occurring on an infill lot.
INFILL LOT means vacant land along a built-up street that is suitable for further
construction or development.
INFILLING means the depositing of soil, gravel, or bedrock material to prepare a site for
development.
INSPECTOR means any person appointed or engaged as an Inspector by Council or by any
federal or provincial authority or the agent thereof.
KENNEL means any land, building, or structure where five (5) or more dogs, cats or other
domestic animals are boarded, bred, trained, and cared for, and may include a pet grooming
business, but does not include a veterinary clinic.
**LAND includes land covered by water, and buildings and structures on, over, or under the
soil and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY means the use of any land or buildings for any industrial use that can be
carried out without hazard, intrusion, or detriment to the amenity of the surrounding area by
reason of noise, vibration, smell, fumes, 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 means a commercial livestock operation, which may include:
(a) the clearing, draining, irrigating or cultivation of land for livestock grazing,
(b) the raising of livestock, including poultry,
(c) the raising of fur-bearing animals,
(d) the raising of bees,
(e) the production of eggs and dairy,
(f) the preparation of a livestock, poultry, or dairy product for distribution from the farm
gate, including cleaning, grading and packaging,
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(g) the on-farm processing of farm products for the purpose of preparing livestock, poultry,
or dairy products for wholesale or retail consumption,
(h) any other livestock activity or process prescribed by Provincial regulation that is carried
on for gain or reward or in the hope or expectation of gain or reward.
LIVESTOCK FACILITY means a building and/or outdoor confinement area used or intended
to be used to house or confine livestock, and includes a structure or area used or intended to
be used to store manure.
LOCAL STREET means a street designed primarily to provide access to adjoining land and
which is not designated as a collector street or arterial street in the Municipal Plan or on the
Zoning Map.
*LOT means a plot, tract or parcel of land, which can be considered as a unit of land for a
particular use or building.
*LOT AREA means the total horizontal area within the boundary lines of the lot.
LOT, CORNER means a lot having two or more sides fronting onto two or more adjacent
streets.
*LOT COVERAGE means the combined area of all buildings on the lot measured at the level
of the lowest floor above the established grade and expressed as a percentage of the total
area of the lot.
LOT LINE means a common boundary between a lot and an abutting lot or street.
LOT LINE, FRONT (also see STREET LINE) means the boundary between a lot and the street
on which a lot has its civic address.
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LOT WIDTH (or FRONTAGE) means the horizontal distance between side lot lines measured
at the building line.
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.
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MARINE FACILITY means a wharf or onshore facility located in the vicinity of coastal waters
for a purpose related to marine transportation, ship repair, refuelling, and other marine services.
MEDICAL SERVICE means a service provided by a physician, dentist or other health care
professional for consultation, diagnosis, and office treatment of humans. Without limiting the
generality of the foregoing, a medical service facility may include associated administrative
offices, waiting rooms, examination rooms, treatment rooms, laboratories, pharmacies, and
dispensaries, but shall not include accommodation for in-patient care or operating rooms.
MEDICAL TREATMENT means a building for the medical care, supervision, and skilled
nursing care of persons suffering from sickness, disease or injury, or for convalescent or
chronically ill persons.
MINERAL EXPLORATION means the searching for minerals or mineral occurrences, wherein,
for the purposes of these Regulations, it takes the form of a development that involves
appreciable soil disturbance, uses equipment other than hand tools, or involves the
construction of roads to access the exploration site.
MINERAL WORKING means the use of land for the surface extraction, processing, crushing,
and stockpiling of sand, gravel, clay, shale, bedrock, or other aggregates, and may include
washing and blasting where permitted under Provincial regulation, along with associated
buildings and machinery.
MINING means the use of land or buildings for the extraction of ores and/or salts.
MINISTER means the Minister responsible for the Urban and Rural Planning Act 2000.
MINOR WATERCOURSE means a watercourse 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.
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.
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NURSING HOME means a residential care facility licensed under Provincial legislation, which
provides long-term nursing and medical care.
OFFICE means a use providing for administrative, governmental, professional services and
general office functions, and includes accounting, bookkeeping, advertising, architectural,
engineering, planning and design, surveying, legal services, counseling, data processing,
telephone services, social services, public relations, consulting, realty offices and similar uses.
OFF-ROAD RECREATIONAL VEHICLE means a snowmobile or all-terrain vehicle used for
off-road travel and recreation.
OPEN SPACE means land set aside to preserve natural areas or to develop passive
recreational uses. Open space may include community gardens, woodlands, fields, walking
trails, passive recreational uses, and outdoor interpretation facilities. It may include minor
structures such as viewing platforms, boardwalks, and outdoor toilets, but shall not include
larger buildings or structures such as tennis courts and parking lots. Neither shall it include a
multi-use trail that allows motorized recreational vehicles, which is covered in these
Regulations under the definition of "recreational open space."
OUTDOOR ASSEMBLY means land or outdoor facilities used as a gathering place for
substantial numbers of people and, without limiting the generality of the foregoing, includes
bleachers, grand stands, outdoor ice rinks, amusement parks, fair grounds, exhibition grounds,
drive-in theatres, and similar gathering places.
*OWNER means a person or an organization of persons owning or having the legal right to
use the land under consideration.
PARKING AREA means a designated area on a lot, other than a driveway, for off-street
parking of automobiles.
PARKING SPACE means a designated space in a parking area or a driveway adequate to
park one automobile with room to open doors on both sides, together with related
maneuvering room and access to a public street.
PASSIVE RECREATIONAL USE means a recreation activity that does not require a
developed site. It includes such uses as walking, bicycling, and skiing trails, but does not
include sports fields, structures, or facilities to accommodate off-road recreational vehicles.
*PERMITTED USE means a use that is listed within the permitted use classes set out in the
use zone tables of Council's development regulations.
PERSONAL CARE HOME means a residential facility licensed under Provincial legislation that
provides lodging, meals, and a limited degree of personal care.
PERSONAL LIVESTOCK USE means the use of land, buildings, or structures for the limited
keeping of livestock animals for personal use.
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PERSONAL SERVICE means a service oriented to the personal needs of persons, and without
limiting the generality of the foregoing, includes hairdressing shops, gyms, taxi stands,
computer services, hobby shops, and photo studios.
PETROLEUM EXPLORATION means the searching for petroleum or petroleum occurrences,
wherein, for the purposes of these Regulations, it takes the form of a development that involves
appreciable soil disturbance, uses equipment other than hand tools, or involves the
construction of roads to access the exploration site.
PETROLEUM EXTRACTION means the use of land or buildings for the extraction of petroleum
oil and/or natural gas.
**PLANNING AREA means a municipal planning area established under Section 6 and 11 of
the Act. For the purpose of these Regulations, the Irishtown-Summerside Planning Area takes
in the Irishtown-Summerside municipal boundaries as well as undeveloped land north of the
built-up community.
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 an authority 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.
*REARYARD DEPTH (also see SETBACK, REARYARD) means the distance between the
rear lot line and the rear wall of the main building on the lot.
RECREATIONAL 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, water slide, multi-
use trail, or similar outdoor facility.
RECREATIONAL VEHICLE means a motor vehicle with facilities for sleeping and eating used
for camping and recreational activities.
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RECYCLING FACILITY means land or a building used to deposit, store, separate, clean, or
redistribute discarded materials such as drink containers, paper, glass, plastic, and cardboard.
RESIDENTIAL CARE means an accommodation facility or home providing for the care of
aged, sick, injured, or special needs persons, other than in a public hospital, and may include
a personal care home, nursing home, rest home, seniors home, or group home.
RESTAURANT means a building or part thereof, used or occupied for the purpose of serving
the general public with meals or refreshments for consumption on the premises.
RETIREMENT HOME means a residential building or premises with self-contained dwelling
units designed for people who do not require a high level of assisted home care. Provision of
services such as snow clearing, grounds maintenance, and activity programs may be provided
but each dwelling unit has its own cooking and self-care facilities.
ROW DWELLING (OR TOWNHOUSE) means a dwelling containing no less than three
dwelling units at ground level in one building, each unit separated vertically from the others and
with individual entrances directly from the outside.
SALVAGE YARD means land where old non-operational motor vehicles and other equipment
are disassembled or stored and second-hand goods such as automobile tires, building
materials, scrap metals and other salvage are collected to be sorted and resold.
SAWMILL, DOMESTIC means a sawmill licensed under the Forestry Act, which is approved
for personal and private (i.e. non-commercial) use only.
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, REARYARD means the distance between the rear lot line and the rear wall of the
main building on the lot.
SETBACK, SIDEYARD means the distance between the side lot line and the nearest sidewall
of a building on the lot.
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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 DEPTH (Also see SETBACK, SIDEYARD) means the distance between the side
lot line and the nearest sidewall of a building on the lot.
*SIGN means a word, letter, model, placard, board, device or representation whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as a
memorial, advertisements of local government, utilities and boarding or similar structures used
for the display of advertisements.
SIGHT TRIANGLE means a triangle-shaped portion of land established at a street intersection
in which nothing can be erected, placed, planted or allowed to grow in such a manner as to
obstruct the sight distance of motorists entering or leaving the intersection. The triangular-
shaped portion of land is formed by the street lines and a line drawn from a point on one street
line to a point in the other street line.
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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)
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STAGE means an elevated platform on the shore with working tables, sheds, etc., where fish
are landed and processed for salting and drying, and supplies are stored.
STAGEHEAD means a wooden shed, typical of traditional buildings associated with the
fishery, located at the water's edge and built on a dock or other elevated platform on the shore.
*STREET means a street, road, highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency vehicles.
STREET FRONTAGE means the portion of a lot that fronts on or abuts a public street.
*STREET LINE (also see LOT LINE, FRONT) means the edge of a street reservation as
defined by Council. For individual lots it forms the boundary between the lot and the street.
STREET RESERVATION means the entire right-of-way in which a street or highway is located,
and which is public property owned by the Town of Irishtown-Summerside or the Province.
STRUCTURE means anything constructed or erected with a fixed location on or below the
ground or attached to something having a fixed location on the ground, and includes buildings,
walls, fences, signs, billboards, utility poles, and similar items.
**SUBDIVISION means the dividing of land, whether in single or joint ownership, into two or
more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary
to a self-contained dwelling or other building.
SURFACE WATER means any flowing or standing water on the surface of the earth.
TAKE-OUT FOOD SERVICE means a building in which meals and refreshments are prepared
and sold for consumption off the premises.
TEMPORARY USE means a use established for a limited duration with the intent to be
discontinued upon the expiration of the time period.
TEMPORARY VENDING FACILITY means a transient facility or structure such as a trailer,
hotdog stand, ice cream cart, or tent that is used to display, store, or sell food, beverages,
articles or goods to the public.
TOURIST COTTAGE ESTABLISHMENT means a contiguous parcel of land, managed as a
unit, consisting of self-contained accommodation units used for short-term stays, and where
accessory uses could include an administrative office, clubhouse, snack bar, convenience
store, and recreational facilities.
TOWNHOUSE - See "ROW DWELLING"
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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 temporary 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.
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"
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*ZONING MAP means the map or maps attached to and forming part of the Regulations.
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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 7 - Use Zones
(e)
The use classes, standards, and conditions prescribed in Part 8 - Use Zone
Tables for the use zone in which the proposed development is located.
(f)
The National Building Code and other ancillary codes, waste disposal
regulations, and any other municipal regulation in force in the Planning Area
regarding development, conservation, and use of land and buildings.
(h)
Other standards of design and appearance as may be established by Council.
3.4
Permit Not to be Issued in Certain Cases
A development permit or approval in principle will not be issued for a development
when, in the opinion of Council, the development would be premature by reason of the
site lacking adequate road access, power, drainage, 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
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development,
(d)
the capacity of the street network to handle the traffic load generated by
the development,
(e)
the availability of utilities,
(f)
public safety and convenience,
(g)
other considerations, which in its opinion, are material,
and notwithstanding the conformity of the application with these Regulations,
Council may, in its discretion, and as a result of its consideration of the matters
set out in this Regulation, approve with conditions or refuse the application.
(2)
Where Council receives an application for a discretionary use, it will give public
notice in accordance with Regulation 3.21 (4).
(3)
When approving a discretionary use, Council shall state in writing the basis for
its approval.
3.6
Variances
(Also refer to Provincial Development Regulations, Section 12)
(1)
Where an approval or a permit cannot be given by Council because a proposed
development does not comply with development standards set out in these
Regulations, Council may, in its discretion, vary the applicable numeric
development standards in the applicable use zone table to a maximum of 10
percent if, in Council's opinion, compliance with the development standards
would prejudice the proper development of the land, building or structure in
question, or would be contrary to the public interest.
(2)
Council shall not allow a variance from numerical development standards set
out in a use zone table if that variance, when considered together with other
variances made or to be made with respect to the same land, building or
structure, would have a cumulative effect that is greater than a 10 percent
variance even though the individual variances are separately not greater than
10 percent.
(3)
Council shall not permit a variance from the development standards in a use
zone table where the proposed development would increase the non-conformity
of an existing development.
(4)
Where Council is to consider a proposed variance from a development standard
in a use zone table, in accordance with Regulation 3.21(2), it will give written
notice of the proposed variance to all persons whose land, in the opinion of
Council, may be affected. At a minimum, this will include all land located within
sixty (60) metres of the property that is the subject of the variance. Where it
deems necessary, Council may provide the notice to a wider area.
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3.7
Non-Conforming Uses
(Also refer to Section 108(2) of the Urban and Rural Planning Act 2000 and
Sections 14, 15, and 16 of the Provincial Development Regulations)
(1)
Notwithstanding the Municipal Plan, a scheme, or regulations made under the
Urban and Rural Planning Act 2000, Council shall, in accordance with
regulations made under this Act, allow a development or use of land to continue
in a manner that does not conform with a regulation, scheme, or plan that applies
to that land provided that the non-conforming use legally existed before the
registration under Section 24 of the Act of the plan, scheme or regulations made
with respect to that kind of development or use.
(2)
Notwithstanding Paragraph (1), a right to resume a discontinued non-
conforming use of land shall not exceed one year after the discontinuance
occurred. For the purpose of this Regulation, discontinuance of a non-
conforming use begins when any one of the following conditions is met:
(a)
The building or use of land is clearly vacated,
(b)
The owner or tenant has ceased paying business taxes for that use, and
(c)
The owner or tenant has stated in writing that the use has ceased.
(3)
A non-conforming building, structure, or development under the Act, which is
allowed to continue under Paragraph (1):
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by Council,
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development,
(c)
shall not be reconstructed or repaired for use in the same non-
conforming manner where 50 percent or more of the value of that
building, structure or development has been destroyed, except as
provided for in Paragraph (g) below,
(d)
may have the existing use for that building, structure or development
varied by Council to a use that is, in Council's opinion, more compatible
with the plan and regulations applicable to it,
(e)
may have the existing building extended where, in Council's opinion that
extension is not more than 50 percent of the existing building,
(f)
where the non-conformance is with respect to the standards in these
Regulations, shall not be expanded if the expansion would increase the
non-conformity, and
(g)
where the building, structure, or development is primarily zoned and
used for residential purposes, may, in accordance with the appropriate
plan and regulations, be repaired or rebuilt where 50 percent or more of
the value of that building or structure is destroyed.
(4)
In accordance with Regulation 3.21(3) - Notice of Application, when
considering an application to vary an existing use of a non-conforming building,
structure or development under Paragraph (3)(d), Council will, at the applicant's
expense, provide public notice of the application and shall consider any
representations or objections received in response to that advertisement.
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3.8 Service Levy
(1)
In accordance with Section 149(2) of the Municipalities Act, 1999, where Council
carries out a public work that enables a real property to be developed or
developed to a higher density, or enhances the value of a property, Council may
charge a service levy on the property.
(2)
The amount of a service levy shall be determined by Council, but shall not
exceed the cost, including finance charges, to Council of constructing or
improving the public works that are necessary for the real property to be
developed in accordance with Council's standards by Council and for uses that
are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
The amount of real property benefitted by the public work related to all the
real property so benefitted; and,
(b)
The density of development made capable or increased by the public
work.
(4)
Council may require a service levy to be paid by the owner of the property
benefitted and may specify the time for payment.
3.9 Financial Guarantees by Developer
(1)
Council may require a developer, before commencing a development, to make
such financial provisions and/or enter into such agreements as may be required
to guarantee the payment of service levies, ensure site reinstatement, and to
enforce the carrying out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Paragraph (1) may be made in the form of:
(a)
A cash deposit from the developer, to be held by Council,
(b)
A guarantee by a bank, or other institution acceptable to Council, for
expenditures by the developer,
(c)
A performance bond provided by an insurance company or a bank, or
(d)
An annual contribution to a sinking fund held by Council.
3.10 Dedication of Land for Public Use
Council may require the dedication of a percentage of the land area of any subdivision
or other development for public use, and such land will be conveyed to Council in
accordance with Section 37 of the Act.
Such land must be high quality land suitable for the intended public use and not land
that Council requires to be set aside from development for the purposes of stormwater
drainage or environmental protection.
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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,
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watercourses, drainage channels, and slopes that exceed 15 percent,
(c)
Shows existing streets, buildings, and land uses in the vicinity of the site,
(d)
Shows a conceptual layout of proposed streets, trails, and other major
components of the development, and
(e)
Provides any additional information that may be requested by Council.
(2)
Council will not consider an application for an approval in principle unless it
includes a full description of the site and proposed development in accordance
with Paragraph (1).
(3)
Council may grant an approval in principle if it determines that the proposed
development complies generally with the intent and purposes of the Municipal
Plan and these Regulations. Council will attach to the approval in principle such
conditions that it deems necessary to ensure the proposed development will be
in accordance with the Plan and these Regulations. It will also outline such
details that the applicant will be required to address before a final development
permit will be granted.
(4)
An approval in principle will be valid for a period of one (1) year and may be
extended for one (1) additional year, up to a maximum of two (2) years.
(5)
Where approval in principle is granted, approval of a final development permit
will be subject to the subsequent approval by Council of any details and
conditions that were outlined in the approval in principle.
(6)
Approval in principle will not constitute permission to commence development.
No form of development will commence until Council has issued a proper
development permit.
(7)
Council may revoke approval in principle if it determines that the applicant has
changed the proposed development in a way that significantly alters the original
intent of the application or has not adequately addressed conditions or details
stipulated in the approval in 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.
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(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.
(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
(c)
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
Council may approve a temporary building, structure, or use of land for a maximum to two
(2) years subject to such conditions that it deems necessary.
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
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confirmation that necessary government approvals have been obtained before
Council will issue a development permit.
(2)
If Council deems that a proposed development may trigger the requirements of
the Environmental Assessment Act, the proponent will be advised to consult
with the Department of Environment, Climate Change and Municipalities before
Council will issue a development permit.
(3)
Where these Regulations are more stringent than a provincial or federal act of
regulation, these Regulations will apply.
3.20 Statement of 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 7.5 - Discretionary Uses.
(d)
A proposed development is listed as a discretionary use in Part 8 - Use
Zone Tables, or
(e)
Council deems that the public should be notified.
(2)
Variance Application
In accordance with Regulation 3.6(4) of these Regulations and Section 13 of
the Provincial Development Regulations, notice of a variance application will be
given directly to persons who are likely to be affected and a minimum of ten (10)
days from the posting of the notice will be provided for persons to respond.
(3)
Application to Change a Non-Conforming Use
In accordance with Regulation 3.7(4) of these Regulations and Section 15 of
the Provincial Development Regulations, notice of an application to change a
non-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.
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(4)
Discretionary Use Application
In accordance with Regulation 7.5 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)
Discretionary Accessory Building Application
In accordance with the Irishtown-Summerside Accessory Buildings Regulation,
notice of an application for discretionary approval of an accessory building will
be given directly to persons who are likely to be affected, and in addition posted
on one or more of the following: Council's social media page, the Community
Channel, local bulletin boards, or by advertisement in a newspaper circulating
in the area. A minimum of ten (10) days from the posting of the notice will be
provided for persons to respond.
(6)
Other Applications Public Should be Aware Of
For any other development that Council deems the public should be made
aware, notice of application will be given directly to persons who are likely to be
affected, and in addition will be posted on one or more of the following: Council's
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)
In accordance with Section 109(2) of the Act, Council may, by resolution, delegate its
authority to administer these Regulations or part thereof to an employee or other agent
of Council. When delegating this authority, Council shall make that 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.
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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.
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.
3.29 Monitoring and Enforcement
(1)
Council will monitor land uses and development activities throughout the Planning Area
to ensure compliance with the Municipal Plan and Development Regulations.
(2)
Any land use or development that does not comply with the Municipal Plan and these
Development Regulations will be subject to a stop-work order or other such action
deemed necessary by Council to require compliance.
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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)
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 site without first notifying the
Provincial Archaeology Office so that necessary measures can be taken to
ensure that the site is not disturbed or destroyed.
(2)
If an archaeological site or artifact is discovered during development of a
property, the development shall stop and Council will consult with the Provincial
Archaeology Office. Development shall not proceed until the Provincial
Archaeology Office has evaluated the site or authorized the development to
proceed.
4.3 Industrial Use Buffers
Where an industrial development abuts a residential area, or is separated from it by a
road only, Council may require the industrial 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
Fire Hydrant Buffers
No building, fence, hedge or other structure will obstruct access to a fire hydrant from
the street, obstruct the visibility of a fire hydrant from the street, or protrude closer than
3.0 metres to a fire hydrant.
4.5
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.
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Generally, the zone extends 15-30 metres from the ordinary high water mark of
the watercourse but may extend farther where the adjoining land is
environmentally sensitive, for example, where shoreline embankments are
steep or where the shore area abuts a wetland.
(2)
Other Watercourses and Wetlands
Other watercourses and wetlands, which are not located within the
Environmental Protection zone, are subject to the following:
(a)
No development will be permitted within 15 metres of the ordinary high
water mark of a watercourse or within 15 metres of the edge of a
wetland except for:
-
Reconstruction of a building or structure that was in existence on
the date that this Municipal Plan came into effect,
-
A building or structure associated with a public work, for
example, a water treatment facility, water main, or pump house,
-
An open space use such a trail, and
-
A transportation use (e.g. road, bridge, culvert), which by
necessity must cross a watercourse.
(b)
Notwithstanding paragraph (a), if a watercourse or wetland is deemed
to be minor (see definitions below), Council may permit a development
subject to conditions.
A minor watercourse is defined as a (i) drainage course that carries
water only during rain events or snowmelt, (ii) an intermittent stream
that does not carry significant spring runoff, or (iii) a stream that is not
fish habitat.
A minor wetland is defined as a wetland less than one (1) hectare in
area that is not associated with a watercourse and is not deemed to be
an environmentally sensitive area.
(3)
Development Within a Body of Water
Council will not approve infilling or other development within a body of water or
involving alteration of a body of water unless the development or alteration has
been approved or exempted by the Water Resources Management Division of
the Department of Environment, Climate Change and Municipalities and any
other agency having jurisdiction.
4.6
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 8 of
these Regulations.
(2)
A frontyard building line setback is measured from the street line.
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(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
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 8, Council, at its discretion, may allow development to
complement existing building setbacks on adjoining properties.
4.7
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.
4.8
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 8
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 8 for the Use Zone in which the lot is located. These allowances shall be
maintained when the adjacent land is developed.
4.9
Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a frontyard, rearyard, sideyard, frontage,
or lot area that is less than, that permitted for the zone where such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a
frontyard, sideyard, or rearyard, it shall continue to be so used regardless of any
change in the ownership of the lot or any part thereof and shall not be deemed
to form part of an adjacent lot for the purpose of computing the area thereof
available for building purposes.
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4.10 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.
4.11 Street Frontage
Except where provided for in Part 8 - Use Zone Tables, no building shall be erected
on a lot that does not front directly onto a public street.
4.12 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.
4.13 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.
4.14 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.
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In the Environmental Protection and Conservation Area zones, Council will not allow
land to be used for public services and utilities if there is a feasible alternative location
for these uses outside those zones.
4.15 Land Capability for Development
The following provisions will apply to all proposed land developments, ranging in scale
from individual lots to multi-lot developments.
(a)
When reviewing a development application, Council shall consider:
(i)
the capacity of municipal water and sewer infrastructure to service the
development,
(ii)
street capacity to handle anticipated traffic load,
(iii)
the capability 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.
4.16. Unserviced Development
Before approving a subdivision or building permit application in a location where
municipal water and/or sewer services cannot be provided, Council will ensure that the
development complies with all applicable Provincial regulations and requirements for
unserviced development including:
(a)
The "Groundwater Supply Assessment and Reporting Guidelines for
Subdivisions Serviced by Individual Private Wells"
(www.gov.nl.ca/mae/files/waterres-regulations-appforms-unserviced-
subdivision-gw-assessment-guidelines-dwh-revisions.pdf)
(b)
The Sanitation Regulations under the Public Health Act
(www.assembly.nl.ca/legislation/sr/regulations/rc960803.htm)
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4.17 Site Excavation and Infilling
Excavation and infilling of land to prepare a site for development will be limited to an
extent that is deemed by Council to be environmentally and aesthetically acceptable.
4.18 Street Construction Standards
A new street will be constructed in accordance with the design and construction
specifications set by Council.
4.19 Sight Lines at Intersections
So as not to create a safety hazard by obstructing the view of motorists and pedestrians,
(a)
Where an arterial or collector street intersects any other street, all land within a
15-metre sight triangle from the point of intersection shall be kept free of shrubs,
plants, trees, fences, walls, buildings or structures exceeding a height of 0.75
metres from the street grade.
(b)
Where a local street intersects another local street, all occupied lands within an
8-metre sight triangle from the point of intersection shall be kept free of shrubs,
plants, trees, fences, walls, buildings or structures exceeding a height of 0.75
metres from the street grade.
4.20 Development in the Vicinity of a Public Right-of-Way
(1)
Land development and the erection of buildings and structures will not be
permitted on any site where it might otherwise be permitted under these
Regulations, when in the opinion of Council, the development would impede
public passage on a public right-of-way or interfere with any legal right of Council
to develop or improve the right-of-way for public access and recreation.
(2)
Council may require a minimum setback or set other terms and conditions to a
proposed development in the vicinity of a public right-of-way to ensure the
development will not obstruct public passage along the right-of-way.
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PART 5:
SPECIFIC USE REGULATIONS
5.1
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)
There is no alternative means to provide the access ramp, and
(b)
The ramp does not create a safety hazard or block sight lines.
5.2 Accessory Buildings
1.
General Requirements
(a)
An accessory building will be clearly incidental and complementary to the main
building and located on the same lot.
(b)
Where an accessory building is located in the rearyard of the main building, the
minimum sideyard and rearyard setback from all property boundaries will be 1.2
metres.
(c)
Where an accessory building is located in the sideyard of the main building, the
minimum sideyard setback, the minimum sideyard setback will be the same as
that required for the main building.
(d)
No accessory building will be located closer than 3.0 metres to any other
building, whether the other building is on the same lot or an adjoining lot.
(e)
No accessory building will be erected upon an easement.
2.
Additional Requirements for Residential Lots
In addition to the General Requirements outlined in Paragraph (1), the following
requirements will apply to the erection of accessory buildings on residential lots.
(a)
Frontyard Location
(i)
No accessory building will be located closer to the street than the front line
of the dwelling, except where approved at Council's discretion in
accordance with Paragraph (ii).
(ii)
Notwithstanding Paragraph (i), at its discretion Council may approve an
accessory building closer to the street than the dwelling provided that:
- Council deems that the applicant has a legitimate reason to erect the
accessory building closer to the street than the dwelling,
- Council deems that the placement of the building will not negatively
affect neighbouring properties, and
- the accessory building shall not be closer than 15 metres to the street
line.
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(b)
Corner Lots
On a corner lot, at its discretion, Council may permit an accessory building closer
to the flanking street than the main dwelling provided that the building is set back
at least 6.0 metres from the flanking street and will not negatively affect
neighbouring properties. and will not impede the required sight line at the street
intersection (See Regulation 4.19 of the Development Regulations).
(c)
Maximum Floor Area and Height
Development of one or more residential accessory buildings on a lot will be in
accordance with the following table.
Lot Size
Maximum Combined Floor Area
of Accessory Buildings
Maximum
Height
<1500 m²
70 m² or 7% of the lot area, whichever is less
5.5 m
1501-3000
100 m² or 7% of the lot area, whichever is less
5.5 m
> 3000 m²
130 m² or 7% of the lot area, whichever is less
5.5 m
(d)
No truck, bus, semi-trailer, freight container, or other vehicle body will be used
as an accessory building except at the discretion of Council.
(e)
At its discretion, Council may permit a portable shelter to be used as an
accessory building, subject to the provisions of this Regulation.
(f)
No accessory building will be used for a home occupation except as approved
at Council's discretion in conformity with Regulation 5.11 of the Development
Regulations.
(g)
Except for personal needs, no accessory building will be used for painting,
dismantling, or scrapping vehicles or machinery.
(h)
Applications for Discretionary Approval
In reviewing an application for discretionary approval with respect paragraphs
(a), (b), (d), (e), and (f), Council will:
(i)
Require the applicant to submit a site plan showing the placement of the
proposed building relative to the main dwelling and other buildings on the
lot as well as on neighbouring lots,
(ii)
Provide notice of the application in accordance with Regulation 3.21(5)
of the Development Regulations.
(iii)
Consider the location and size of the accessory building relative to the
main dwelling as well as dwellings and buildings on neighbouring lots,
(iv)
Consider the effect of the accessory building and/or its use on
neighbouring lots and the street,
(v)
Consider site topography and other site factors deemed Council deems
relevant,
(vi)
Consider terms and conditions that may be necessary to ensure the
location, size, height, appearance, and use of the accessory building will
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not significantly affect the neighbourhood in terms of character, amenities,
or property values, and
(vii) Approve the application as submitted, approve the application subject to
terms and conditions, defer the application pending additional information,
or refuse the application.
5.3
Accessory Uses
(1)
Subject to these Regulations, Council may permit an accessory use to a main
use in any zone. An accessory use will be clearly subsidiary and complementary
to the main use, controlled so as to be compatible with the main use and nearby
properties, and subject to special conditions set out in these Regulations or
specified on a case-by-case basis by Council.
(2)
Examples of accessory uses include but are not limited to:
(a)
A facility for the serving of food and alcoholic beverages in an arena or
other place of assembly, museum, or hotel,
(b)
A gift or souvenir shop in a museum, hotel or other commercial
establishment,
(c)
An office, small convenience store, or small catering establishment in a
campground,
(d)
A home occupation,
(e)
A woodworking shop, domestic sawmill, hobby shop, games room,
exercise room, or home theatre in a residential accessory building,
(f)
A tennis court, outdoor rink, or similar facility,
(g)
A satellite dish or similar device attached to a building,
(h)
A wind generator, solar panel, radio antenna, or similar device.
5.4
Agriculture - Commercial Livestock Facilities
(1)
Except at Council's discretion, no new livestock facility designed to
accommodate more than five (5) animal units, will be permitted within:
(a)
500 metres of a residential dwelling except for a farm dwelling or a
dwelling on the same property,
(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,
Forestry and Agriculture.
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(3)
In addition to the above requirements, a new livestock facility will be subject to
applicable Provincial acts and regulations.
5.5
Bed and Breakfasts (B&Bs) and Visitor Rental Dwellings
(1)
Bed and Breakfasts
Where permitted by Council, a bed and breakfast establishment will be subject to the
following conditions:
(a)
It may operate only in a single dwelling unit.
(b)
It will not detract from the residential character of the neighbourhood in terms of
scale or exterior design.
(c)
It will not have more than six (6) guest rooms.
(d)
No wholesale sales or storage of goods will be carried out and any retail sales
will be incidental to the approved use.
(e)
At the discretion of Council, it may include catered dining on a limited-use basis.
(f)
In addition to the required residential parking spaces, it will provide on the same
property a minimum of 1.0 to a maximum of 1.5 off-street parking spaces per
guest room in a driveway and/or developed parking area.
(g)
It must be licensed by the Provincial 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.
(g)
It must be licensed by the Tourism department.
(h)
All grounds and buildings shall be kept in a safe and well-maintained condition.
5.6
Campgrounds and Tourist Cottage Establishments
General Requirements
(1)
An application for a campground or a tourist cottage establishment will include
a development plan with the following information:
(a)
Location and full limits of the development,
(b)
Layout of accesses and internal roads,
(c)
Number and location of cottage units and/or campsites,
(d)
Accessory uses such as comfort stations, laundry and storage facilities,
washrooms, convenience store, employee accommodations, and
outdoor and indoor recreation facilities,
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(e)
Water supply and wastewater disposal,
(f)
Landscaping,
(g)
Buffers and screening between the site and other land uses,
(h)
Delineation of the property on a legal survey, and
(i)
A proposed phasing plan for the development.
(2)
All campsites, cottages, and on-site facilities, which form part of the
development, will be accessible only via the internal road network of the
development.
(3)
Council may require the development to include suitable buffers and screening
where the development abuts a residential area.
(4)
The development permit will specify the maximum number of cottage units
and/or campsites to be permitted on the site.
(5)
All grounds and buildings shall be kept in a safe and well-maintained condition.
(6)
No expansion or alteration, other than repairs and maintenance, will take place
without the approval of Council.
(7)
The operation will comply with all bylaws and regulations of Council pertaining
to noise and unruly behaviour.
(8)
The development must 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.
(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.
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(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.
(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 may require buffering and/or screening 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.
5.7
Camping Trailers and Recreational Vehicles
The use of a camping trailer or recreational vehicle for overnight camping will not be
permitted except in a designated campground or as a temporary activity on a residential
property. Camping trailers and recreational vehicles used temporarily on residential
properties must be mobile and have up-to-date license plates.
5.8
Childcare Services
Where permitted by Council, a childcare service will conform to the requirements of the
Child Care Services Act and Regulations. If required a license to operate shall be
obtained from the responsible Provincial department. Council will not approve a
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childcare use that has not obtained the necessary licenses and approvals from the
Province.
5.9
Domestic Sawmill
(1) Where listed as a discretionary use class, Council may permit a domestic sawmill
as an accessory use on a residential lot after first giving public notice and
considering comments received.
(2)
Approval of a domestic sawmill will be subject to the following conditions:
(a) It must have, and operate in accordance with, a domestic mill license
issued under the Mill Regulations under the Forestry Act.
(b) It will be for the sole use of the property owner and will not produce products
for sale, barter, or gift to non-residents of the property.
(c) It will not be permitted on any lot less than 2,000 m² in area.
(d) It must be located in the rear yard of the lot, set back at least 5 metres from
all lot lines, and no closer than 30 metres from any neighbouring residential
dwelling.
(e) The operating site will be kept in a continually clean condition, with no
significant outdoor accumulation of logs, wood residues, or equipment.
(f) The maximum noise level during operation will not exceed 55 decibels at all
property lines. Should noise complaints arise, Council may require sound
mitigation measures as it deems appropriate including moving the mill
indoors, equipment silencers, buffering along lot lines, etc.
(g) Other requirements deemed necessary by Council.
(3)
If the owner fails at any time to comply with the conditions of approval, a stop
work order will be issued by Council.
5.10 Energy Generation Facilities
Small-scale wind, solar, and hydro generating facilities and associated facilities and
services may be subject to the approval of relevant provincial and federal departments,
agencies, and public utilities. The design and location of such utilities shall take into
consideration their impact on nearby land uses and persons, the environment, and other
matters that Council may deem to be significant.
5.11 Home Occupations
Where permitted by Council, a home occupation will comply with the following
conditions:
(a)
It will be clearly secondary to the residential use of the property,
(b)
It will be located inside the dwelling unit or, at Council's discretion, may be
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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,
(j)
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,
(l)
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 it is permitted, a mineral or petroleum exploration use that constitutes a
development (in accordance with the definitions in Part 2) will make provision
for buffering and other mitigations of impacts on residential, commercial,
industrial, institutional, recreational, and environmentally sensitive areas.
(2)
Council will not issue a permit for mineral or petroleum exploration until all
necessary permits and approvals have been obtained from the Departments of
Industry, Energy and Technology and Environment, Climate Change and
Municipalities, and other relevant government agencies.
(3)
Mineral and petroleum exploration may be subject to conditions to control noise,
appearance, road construction, ground disturbance, and other impacts, as well
as the duration of exploration activity. The precise nature of these controls will
depend upon the location of the exploration in relation to built-up and
environmentally sensitive areas such as, watercourses and wetlands.
(4)
Mineral and petroleum exploration that is not classed as a development by virtue
of ground disturbance, access roads, or use of equipment other than hand tools
may be permitted anywhere in the Planning Area with adequate notification to
Council.
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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)
No development permit will be issued by Council unless the applicant has
obtained a quarry license or lease issued by the Mineral Lands Division of the
Department of Energy, Industry and Technology.
(3)
An application to Council for the development of a mineral working use will
include a site development plan with the following information:
(a)
The site's biophysical features
(b)
Delineation of the proposed extraction area
(c)
The type and location of proposed aggregate processing equipment
(d)
A site rehabilitation plan (see Paragraph 17 below)
(4)
Council may permit a mineral working processing plant (e.g. washing and
screening plant, crusher) provided that the use will not significantly affect
surrounding land uses by reason of noise, vibration, fumes, dust, odour, water
drainage, unsightly storage of materials, or general appearance.
(5)
The permit fee for a mineral working use will be determined by Council in an
amount sufficient to cover Council's costs associated with:
(a)
If necessary a review of the development plan by a professional planner
or engineer,
(b)
Regular inspections of the site to determine compliance with the permit,
and
(c)
Inspections to determine acceptable site rehabilitation in accordance with
a rehabilitation plan.
(6)
Except where Council may require a higher buffer, no mineral working extraction
or processing plant will be permitted within:
(a)
300 metres of a residential dwelling or the boundary of a zone that
permits residential development,
(b)
200 metres of a commercial or public building or recreational open space
use,
(c)
50 metres of a watercourse or wetland, and
(d)
50 metres of a public street or highway.
(7)
Except where Council may require a higher buffer,
(a)
No dwellings will be permitted within 300 metres of the boundaries of a
licensed mineral working extraction site or processing plant, and
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(b)
No commercial or public building or recreational open space use will be
permitted within 200 metres of the boundaries of a licensed mineral
working extraction site or processing plant.
(8)
No blasting or quarrying of hard rock will be permitted within 1,000 metres of a
residential, commercial, or public building, a recreational open space use, or a
zone that permits residential development.
(9)
An undisturbed buffer strip of at least 30 metres will be maintained between the
final perimeter of a pit or quarry and the boundary of the lot on which it is located.
(10)
Where a proposed mineral working site is located in the vicinity of a public street
or highway, Council may require the owner to provide for natural or artificial
screening to obstruct visibility of the site.
(11)
Council may require the mineral working site or excavated area to be fully or
partially enclosed by a fence designed and constructed to Council's
specifications.
(12)
All topsoil and organic material will be securely stockpiled for future
rehabilitation of the site. The operator will ensure that the topsoil is not mixed
with aggregate materials.
(13)
No mineral working shall create excessive drainage or erosion onto adjacent
properties or into nearby watercourses.
(14)
No mineral working shall cause the accumulation or ponding of water in any part
of the site. Settling ponds will be permitted only with approval from the
Department of Environment, Climate Change and Municipalities.
(15)
The mineral working site shall be kept clean of refuse, abandoned vehicles,
abandoned equipment and derelict buildings.
(16)
During seasonal or extended shutdowns, the slope of any sand or gravel
embankment shall not have a gradient steeper than 60 percent for the full depth
thereof, and
(17)
Site Rehabilitation
(a)
A development application for a new mineral working site will not be
approved if it does not include a plan for site rehabilitation acceptable to
Council.
(b)
Council may require the extraction site to be rehabilitated at progressive
stages of extraction.
(c)
Upon abandonment of a mineral working site, the owner will:
(i)
Remove all buildings, machinery and equipment,
(ii)
Grade all pit and quarry slopes to a slope of less than 60 percent,
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(iii)
Rehabilitate the entire excavated area in accordance with the
rehabilitation plan, and
(iv)
If required, close and decommission the access road to the site
in accordance with Council's wishes.
(18)
Other such conditions that Council deems as necessary.
5.14 Personal Livestock Use
(1)
In the Mixed Development, Residential Low Density, Residential Medium
Density, and Rural Residential zones, at its discretion, Council may permit the
keeping of livestock animals on a residential lot for personal use after giving
public notice and considering comments received.
(2)
Species Permitted
Small livestock species will be limited to chickens, ducks, geese, quail, rabbits,
and turkeys. Large livestock species will be limited to goats, horses, and sheep.
(3)
Permit Required
No livestock will be kept on a residential 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.
(4)
Who Can Keep Livestock
Only a person who resides on a property will be permitted to keep livestock
animals on that property.
(5)
Minimum Lot Size
(a)
The keeping of small livestock animals is prohibited on residential lots
less than 600 m² in area.
(b)
The keeping of large livestock animals is prohibited on residential lots
less than 4,000 m² in area.
(6)
Maximum Animals Permitted
The maximum number of animals permitted on a residential property will be in
accordance with the following table, where one Animal Unit equals 6 small
animals or 1 large animal (also see definition, "Animal Unit for Personal Use"
in Part 2)
Lot Size
Maximum Number of Animal Units
(including offspring until weaning)
600 - 1,000 m²
⅔ Animal Unit (small animals only)
>1,000 - 2,000 m²
1 Animal Unit (small animals only)
>2,000 - 3,000 m²
1⅓ Animal Units (small animals only)
>3,000 - 4,000 m²
1⅔ Animal Units (small animals only)
>4,000 m²
2 Animal Units (small or large animals)
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(7)
Mixing of Species
Any mix of species is permitted provided that the total number of animals does
not exceed the maximum permitted Livestock Units.
(8)
Keeping of Small Livestock
(a)
A facility for the keeping of small livestock will include an indoor shelter
and an enclosed outdoor containment area subject to the following.
-
No portion of the facility will be located in the frontyard or sideyard
of the residence.
-
All portions of the facility shall be located at least five (5) metres from
the residence and all property lines.
-
The indoor shelter and outdoor containment area shall be adequate
in size for the permitted maximum number of animals.
(b)
Adequate drainage facilities shall be provided so as to protect adjacent
properties from runoff containing animal waste contaminants.
(c)
The livestock facility shall be maintained continually in a clean
condition, free of noxious odours, substances, and vermin.
(d)
Animals will be provided with clean drinking water, nesting materials,
and an adequate quantity and quality of food to allow for maintenance
of a healthy body weight.
(e)
Animal waste will be removed no less than weekly and contained and
disposed of in an environmentally acceptable manner.
(f)
No animal will be kept that is exhibiting symptoms of illness that may
threaten the health or safety of persons or other animals. Such an
animal will be provided veterinary care or destroyed.
(g)
No animals will be slaughtered on a residential property.
(9)
Keeping of Large Livestock
(a)
A facility for the keeping of large livestock will include an indoor shelter
and an enclosed outdoor containment area subject to the following.
-
No portion of the facility will be located in the frontyard or sideyard
of the residential dwelling.
-
All portions of the facility shall be at least eight (8) metres from the
residence and all property lines.
-
The indoor shelter and outdoor containment area shall be adequate
in size for the permitted maximum number of animals.
(b)
Adequate drainage facilities shall be provided so as to protect adjacent
properties from runoff containing animal waste contaminants.
(c)
The livestock facility will be maintained continually in a clean condition,
free of noxious odours, substances, and vermin.
(d)
Animals will be provided with clean drinking water and an adequate
quantity and quality of food to allow for maintenance of a healthy body
weight.
(e)
Animal waste will be removed no less than weekly and contained and
disposed of in an environmentally acceptable manner.
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(f)
No animal will be kept that is exhibiting symptoms of illness that may
threaten the health or safety of persons or other animals. Such an
animal will be provided veterinary care or destroyed.
(g)
No animals will be slaughtered on a residential property.
5.15 Residential Care
(1)
A residential care use may be permitted in a residential facility that is of
adequate size to accommodate all persons living in the home including staff.
(2)
The use and appearance of the building shall not adversely affect the amenities
of adjacent residences or the neighbourhood. Council may set conditions aimed
at ensuring the use is compatible with the neighbourhood.
(4) 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.
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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 street line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and
where a service station is located on a corner lot, the minimum distance
between an access and the intersection of street lines at the junction shall be
10 metres and the lot line between entrances shall be clearly indicated.
5.18 Storage and Scrapping of Car Wrecks and Other Salvage Materials
The use of land for the storage or scrapping of car wrecks, old machinery and
equipment, tires, scrap metals, used building materials and other recyclables will not
be permitted except in an approved salvage yard.
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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, sensitive
areas, prevailing winds, and solar orientation.
(c)
Municipal Plan policies, Development Regulations, and Use Zone affecting the
site.
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(d)
The capacity of municipal water and sanitary sewer infrastructure, stormwater
infrastructure, and utilities to adequately service the development.
(e)
Provision for access to adjacent undeveloped areas.
(f)
The land use, physical form and character of adjacent developments.
(g)
The relationship of the project to existing or potential sources of nuisance.
(h)
Visual quality and effect on viewsheds.
(i)
Energy conservation.
(j)
Environmental effects with respect to watercourses, wetlands, steep slopes,
drainage patterns, stormwater generation and discharge, and loss of habitat.
(k)
Municipal financial costs related to the provision and maintenance of roads,
water and sewer systems, other infrastructure, and municipal services.
(l)
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.
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56
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, mailbox, bus shelter, signpost)
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
(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.
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57
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
Reservation
Pavement
Width
Arterial
30.0 m
15.0 m
Collector
15.0 m
7.3 m
Local
15.0 m
5.2 m
(d)
Land will not be subdivided in such a manner as to prejudice the development
of adjoining land.
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.
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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 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.
(1)
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.
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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.
6.20 Groundwater Assessment
Before approving a subdivision in a location where municipal water services cannot be
provided, Council will ensure that the development complies with the Provincial
"Groundwater Supply Assessment and Reporting Guidelines for Subdivisions Serviced
by Individual Private Wells, which requires a groundwater assessment to be completed
and approved by the Water Resources Management Division for a subdivision of more
than 5 lots.
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PART 7 - SIGNS
60
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.
(f)
Comply with the Elliston Heritage Regulations.
7.2
Permit Required
Except in accordance with Regulation 7.8, no sign shall be erected or displayed in the
Planning Area unless a permit for the sign is first obtained from the Council.
7.3
Provincial Highway
In addition to a permit from Council, the erection or display of a sign on Provincial Route
440 shall require a permit from Digital Government and Service NL.
7.4
Form of Application
Application for a permit to erect or display a sign shall be made to the Council in
accordance with Regulation 3.12.
7.5
Approval Subject to Conditions
A permit will only be issued for the erection or display of signs that comply with the
appropriate conditions and standards set out in these Regulations.
7.6
Signs Prohibited in Street Reservation
No sign will be permitted within, on, or over any highway or street reservation.
7.7
Sign Removal
Council may require the removal of any sign, which, in its opinion:
(a)
is hazardous to pedestrian or vehicle traffic by reason of its siting, colour,
illumination, or structural condition, or
(b)
is unsightly or not maintained to the satisfaction of the Council.
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7.8
Signs Exempt from Control
Notwithstanding Regulation 7.2, the following signs may be erected or displayed
without application to Council:
(a)
on a residential dwelling or within the yard of a dwelling, one nameplate not
exceeding 0.2 m2 in area.
(b)
on an agricultural, forestry, or quarrying operation, one notice board not
exceeding 0.5 m2 in area relating to the operations being conducted on the land.
(c)
on a site occupied by an institutional, civic, service or public use (e.g. church,
school, museum, cemetery), one notice board not exceeding 1.0 m2 in area.
(d)
on a commercial or industrial building, a notice board not exceeding 1.0 m2 in
area.
(e)
on any parking lot, directional signs plus one sign only not exceeding 1.0 m2 in
size to identify the parking lot.
(f)
real estate sales, leasing, and open house signs not exceeding 1 m2.
(g)
signs placed by candidates at municipal, provincial, or federal elections.
(h)
signs for temporary local events such as festivals, from one month before the
event to no later than one week after its conclusion.
(i)
temporary signs on construction sites warning of danger and or outlining the
nature of the development up to a maximum area of 7.5m2.
7.9
General Sign Standards
The following standards shall apply to signs erected for a commercial, industrial, or
public use. In accordance with Regulation 7.5, Council may set additional standards
or conditions to its approval of a sign.
(a)
Window Sign - maximum of 1 m2
(b)
Awning/Canopy Sign - maximum of 3 m wide by 0.75 m high
(c)
Wall Sign - maximum of 3 m wide by 0.75 m high
(d)
Hanging and Projecting Sign - maximum of 1 m2
(e)
Murals - At the discretion of Council.
(f)
Free Standing Sign - one per use, maximum of 5.0 m2
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PART 8 - USE ZONES
62
PART 8:
USE ZONES
8.1 Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use
Zones, which are shown on the Zoning Map attached to and forming part of
these Regulations.
(2)
Subject to Paragraph (3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set
out in the Use Zone Tables in Part 9 of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are
not set out in the Use Zone Tables in Part 9, Council may in its discretion,
determine the standards, requirements and conditions that shall apply.
8.2
Map Interpretation
The boundaries of Use Zones on the Land Use Zoning Maps are general only and,
except where they coincide with roads, shorelines, or other prominent physical features,
are not intended to define exact limits. No zoning amendment will be required for minor
adjustments of the Use Zone boundaries. Other than such minor boundary
adjustments, no development shall be permitted that does not conform to the Use Zone
delineated on the Land Use Zoning Maps.
8.3
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in
Part 9 shall be determined by Council in accordance with the classifications and
examples set out in Appendix B.
8.4 Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set
out in the appropriate Use Zone Table in Part 8 shall be permitted by Council in that
Use Zone.
8.5 Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes
set out in the appropriate Use Zone Table in Part 8 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
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63
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.
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PART 9 - USE ZONE TABLES
64
PART 9:
USE ZONE TABLES
Before issuing a permit for development or an approval in principle, Council shall review the
application to ensure that it is in compliance with the Use Zone Table for which it is proposed as
well as each of the following:
-
Part 2: Definitions
-
Part 3: General Regulations
-
Part 4: General Development Standards
-
Part 5: Specific Use Regulations
-
Part 6: Subdivision of Land
-
Part 8: Use Zones
-
Appendix A: Land Use Zoning Maps
-
Appendix B: Classification of Uses of Land and Buildings
-
Appendix C: Off-Street Parking Requirements
-
Appendix D: Provincial Development Regulations
Part 9 contains tables for the following Use Zones:
USE ZONE
ABBREVIATION
9.1
Environmental Protection
EP
9.2
Conservation Area
CA
9.3 Mixed Development
MD
9.4
Residential Low Density
RLD
9.5
Residential Medium Density
RMD
9.6
Open Space
OS
9.7
Rural Residential
RR
9.8
Rural
RU
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9.1
Environmental Protection (EP) Zone
PERMITTED USE CLASSES
(See Regulation 8.4)
DISCRETIONARY USE CLASSES
(See Regulations 3.21 and 8.5)
Conservation
Open Space (See Condition 7)
Antenna
Boathouse (See Condition 9)
Dock (See Condition 9)
Fisheries facility (See Condition 8)
Forestry
Marina (See Condition 8)
Marine facility (See Condition 8)
Mineral exploration (See Regulation 5.12)
Petroleum exploration (See Regulation 5.12)
Recreational open space (See Condition 10)
Slipway (See Condition 9)
Stage (See Condition 9)
Stagehead (See Condition 9)
Transportation (See Condition 11)
Utility (See Condition 6)
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development is compatible with the Permitted Use Classes and not contrary
to the general intent of the Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will not
detract from the environmental protection purpose of this zone, in particular the protection
of drinking water in the Pynn's Pond and Irishtown Brook Protected Water Supply Areas.
2.
Environmental Control
(1)
Any approved development must be designed and developed to a high
environmental standard as specified in terms and conditions set by Council.
(2)
Where it deems necessary, Council may require a proposed discretionary use to
undergo an appropriate assessment to ensure that the development will be
undertaken in a way that minimizes environmental effects.
3.
Pynn's Pond and Irishtown Brook Protected Water Supply Areas
(1)
Referral to Water Resources Management Division
All proposals for development within the Pynn's Pond and Irishtown Brook
Protected Water Supply Areas will be referred to the Water Resources
Management Division of the Department Of Environment, Climate Change and
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Municipalities. No development will permitted until the required permit(s) for the
development has been issued by the Division.
(2)
Buffer Zones within the Protected Water Supply Areas
Other than a development related to conservation or water supply management
and protection, no development, forest harvesting, or other resource use activity
will be permitted in the vicinity of a watercourse except in accordance with the
following minimum buffers from the top of the bank of a watercourse.
Watercourse
Minimum Buffer Width
Intake pond or lake
150 m
Intake river
150 m for 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
4.
Watercourses and Wetlands
Where a watercourse or wetland in the EP zone abuts a residential or other developed
property:
(a)
No excavation or infilling of land or bodies of water will be permitted except where
it is to redirect stormwater or is associated with a permitted marine development,
and
(b)
No significant clearing of natural vegetation or landscaping will be permitted except
at Council's discretion subject to strict terms and conditions to protect sensitive
shoreline and aquatic habitat.
5.
Steep Banks and Cliffs
No infilling or excavation of land will be permitted on any cliff or steep bank that exceeds
a slope of 25 percent.
6.
Utilities
A building or structure associated with a public utility, for example, a water or sewage
treatment plant or sewage outfall, may be permitted at Council's discretion.
7.
Open Space Uses
A structure associated with an open space use, for example, a viewing platform, gazebo,
or picnic shelter, may be permitted at Council's discretion.
8.
Fisheries, Marine, and Marina Developments
At Council's discretion, a fisheries, marine, or marina facility may be permitted in a coastal
location if it is deemed to be environmentally acceptable, compatible with surrounding
development, not an impediment to public access to the shoreline, and not contrary to the
public interest. These types of facilities will not be permitted in the vicinity of a freshwater
body.
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Approval of a proposed development will be subject to terms and conditions set by
Council.
Before Council will issue a development permit, any infilling, dredging, or other works in a
body of water associated with these structures will require approval under the Water
Resources Act.
9.
Docks, Slipways, Boathouses, Stages and Stageheads
(1)
At Council's discretion, a dock, slipway, boathouse, stage, or stagehead may be
permitted on a coastal (i.e. saltwater) shoreline if the proposed location, size, and
appearance are deemed by Council to be environmentally and aesthetically
acceptable, compatible with surrounding development, and not an impediment to
public access along the shoreline. Approval will be subject to terms and conditions
set by Council.
(2)
Council will not issue a permit for a dock, slipway, boathouse, stage, or stagehead
until necessary Provincial permits and approvals have been obtained.
(3)
No docks, slipways, boathouses, stages, or stageheads will be permitted on any
freshwater shoreline.
10.
Recreational Open Space
(1)
The only recreational open space use that may be permitted at Council's
discretion is a multi-use trail to accommodate off-road recreational vehicles
such as snowmobiles and ATVs.
(2)
A multi-use trail may be permitted only if:
(a)
Potential environmental effects can be minimized or mitigated to
the satisfaction of Council, and
(b)
The trail meets all terms and conditions set by Council.
11.
Transportation
(1)
Transportation uses that may be permitted at Council's discretion will be limited to
public streets and associated infrastructure, for example, a culvert or bridge across
a stream.
(2)
A transportation use will not be permitted if:
(a)
Alternative locations for access are reasonably available,
(b)
Potential environmental effects cannot be minimized or mitigated to the
satisfaction of Council,
(c)
The development cannot meet reasonable terms and conditions that may
be set by Council, and
(d)
The development has not received any necessary Provincial approval.
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9.2
Conservation Area (CA) Zone
PERMITTED USE CLASSES
(See Regulation 8.4)
DISCRETIONARY USE CLASSES
(See Regulations 3.21 and 8.5)
Conservation
Open Space (See Condition 2)
Transportation (See Condition 3)
Utility (See Condition 3)
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development is compatible with the Permitted Use Classes and not contrary
to the general intent of the Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will not
detract from the conservation purpose of this zone.
2.
Open Space Uses
Normal structures associated with open space uses, for example, boardwalks, viewing
platforms, gazebos, picnic shelters, and outdoor interpretation facilities, may be permitted
at Council's discretion.
3.
Transportation and Utilities
(1)
Transportation uses that may be permitted at Council's discretion will be limited to
infrastructure associated with an existing street or highway.
(2)
Public utilities that may be permitted at Council's discretion will be limited to uses
for which there is no feasible location outside of the Conservation Area zone.
4.
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 development to
undergo an appropriate assessment to ensure that it will be undertaken in a way
that minimizes environmental effects.
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9.3
Mixed Development (MD) Zone
PERMITTED USE CLASSES
(See Regulation 8.4)
DISCRETIONARY USE CLASSES
(See Regulations 3.21 and 8.5)
Accessory building (See Accessory
Buildings Regulation)
Boarding house
Childcare (See Regulation 5.8)
Community garden
Conservation
Double dwelling
Open space
Single dwelling
Subsidiary apartment (See Condition 5)
Transportation
Utility
Apartment building
Arts and crafts studio
Bed and breakfast (See Regulation 5.5)
Campground (See Regulation 5.6)
Catering
Club and lodge
Commercial residential
Communications
Cultural and civic
Crop agriculture
Cultural and civic
Domestic sawmill (See Regulation 5.9)
Drinking establishment
Educational
Emergency service
Energy generation facility (See Regulation 5.10)
Entertainment
Funeral home
Garden centre
General assembly
General garage (See Regulation 5.18)
General service
Home occupation (See Regulation 5.11)
Indoor assembly
Indoor market
Kennel (See Condition 8)
Light industry
Medical service
Medical treatment
Mineral exploration (See Regulation 5.12)
Office
Outdoor assembly
Outdoor market
Personal livestock use - small animals (See
Regulation 5.14)
Personal livestock use - large animals (See
Regulation 5.14)
Personal service
Petroleum exploration (See Regulation 5.12)
Place of worship
Recreational open space
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Recycling facility
Residential care home (See Regulation 5.16)
Retirement home
Row dwelling
Service station (See Regulation 5.18)
Shop
Take-out food service
Temporary vending facility
Tourist cottage establishment (See Regulation 5.6)
Vehicle sales
Veterinary
Visitor rental dwelling (See Regulation 5.5)
DEVELOPMENT STANDARDS
STANDARD
Single
Dwelling
Double
Dwelling
(per unit)
Row Dwelling (per unit)
End Unit
Interior Unit
Fully Serviced Areas (municipal water and municipal sewer)
Minimum lot area
470 m²
270 m²
270 m²
200 m²
Minimum lot width (frontage)
15.0 m
10.0 m
9.5 m
7.0 m
Semi Serviced Areas (one of municipal water or municipal sewer)
Minimum lot area
1860 m²
Not Permitted
Not Permitted
Minimum lot width (frontage)
23.0 m
Unserviced Areas (no municipal water and no municipal sewer)
Minimum lot area
2600 m²
Not Permitted
Not Permitted
Minimum lot width (frontage)
30.0 m
All Areas
Minimum floor area (excl. basement)
56.0 m²
56.0 m²
56.0 m²
Minimum frontyard setback
Maximum frontyard setback
7.5 m
30.0 m
7.5 m
30.0 m
7.5 m
30.0 m
Minimum sideyard setback
Major
Minor
2.5 m
1.0 m
2.5 m
Not Applicable
2.5 m
Not Applicable
Minimum sideyard flanking street
6.0 m
6.0 m
6.0 m
Minimum rearyard
10.0 m
10.0 m
10.0 m
Minimum distance between buildings
3.0 m
3.0 m
3.0 m
Minimum lot coverage - all buildings
35%
40%
40%
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DEVELOPMENT STANDARDS (continued)
Apartment Building
STANDARD
1 Bedroom
2 Bedroom
3 Bedroom
Minimum lot area
100 m² per unit
Minimum lot width (frontage)
6 m per groundfloor unit
Minimum floor area
40 m² per unit
50 m² per unit
60 m² per unit
Minimum frontyard setback
7.5 m
Minimum sideyard (both sides)
2.5 m
Minimum rearyard
8 m
Minimum distance between
buildings
3 m
Maximum lot coverage - all
40%
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development is compatible with the uses within the Permitted Use Classes
and not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and
conditions to ensure it will not detract from the general quality and amenities of the area.
2.
Non-Residential Developments
A proposed non-residential development in the MD zone may be subject to conditions set
by Council to ensure it is compatible with neighbouring residential uses.
3.
Onsite Services
In accordance with Regulations 4.16 and 6.20, no building permit or subdivision
application will be approved without municipal water and/or sewer services unless it meets
Provincial requirements for groundwater assessment and sanitary sewage treatment and
disposal and has been approved by the Water Resources Management Division.
4.
Standards for Non-Residential Uses
Where a non-residential development is permitted in the MD zone:
(a)
It will meet the minimum development standards established for a single dwelling
or such higher standards as Council may require.
(b)
It will be designed and maintained to a high standard with regard to safety,
appearance, and compatibility with surrounding land uses.
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(c)
It will meet such other conditions that are deemed necessary by Council.
(c)
No change in the type, scale, or exterior appearance of the use will be permitted
except in accordance with a development permit and conditions set by Council.
5.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling or a
commercial building. A subsidiary apartment will not be permitted in a double
dwelling or row dwelling.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
6.
Protection of Existing Cemeteries
No development in the MD zone will be permitted to encroach closer than 8.0
metres from an existing gravesite or individual grave.
7.
Hazardous and Noxious Uses
At its discretion, Council may restrict the development or location of any use or activity
that might release or emit a hazardous, noxious, or polluting substance that would affect
neighbouring properties.
8.
Kennels
A kennel, if permitted at Council's discretion, will be subject to such terms and conditions
deemed necessary to restrict the number of dogs, cats, or other animals on the premises
and to minimize potential noise, odour, and other impacts on neighbouring land uses.
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9.4
Residential Low Density (RLD) Zone
PERMITTED USE CLASSES
(See Regulation 8.4)
DISCRETIONARY USE CLASSES
(See Regulations 8.5 and 3.21)
Accessory building (See Accessory
Buildings Regulation)
Community garden
Conservation
Open space
Single dwelling
Subsidiary apartment (See Condition 5)
Transportation
Utility
Antenna
Apartment building
Bed and breakfast (See Regulation 5.5)
Boarding house
Childcare (See Regulation 5.7)
Convenience store
Crop agriculture
Domestic sawmill (See Regulation 5.9)
Double dwelling
Energy generation facility (See Regulation 5.10)
Home occupation (See Regulation 5.11)
Kennel (See Condition 6)
Mineral exploration (See Regulation 5.12)
Personal livestock use - small animals (See
Regulation 5.14)
Personal livestock use - large animals (See
Regulation 5.14)
Petroleum exploration (See Regulation 5.12)
Recreational open space
Residential care home (See Regulation 5.16)
Retirement home
Row dwelling
Visitor rental dwelling (See Regulation 5.5)
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DEVELOPMENT STANDARDS
STANDARD
Single
Dwelling
Double
Dwelling
(per unit)
Row Dwelling
End Unit
Interior Unit
Fully Serviced Areas (municipal water and municipal sewer)
Minimum lot area
530 m²
270 m²
270 m²
200 m²
Minimum lot width (frontage)
23.0 m
10.0 m
9.5 m
7.0 m
Semi Serviced Areas (one of municipal water or municipal sewer)
Minimum lot area
1860 m²
Not Permitted
Not Permitted
Minimum lot width (frontage)
23.0 m
Unserviced Areas (no municipal water and no municipal sewer)
Minimum lot area
2600 m²
Not Permitted
Not Permitted
Minimum lot width (frontage)
30.0 m
All Areas
Minimum floor area (excl. basement)
56.0 m²
56.0 m²
56.0 m²
Minimum frontyard setback
Maximum frontyard setback
7.5 m
30.0 m
7.5 m
30.0 m
7.5 m
30.0 m
Minimum sideyard setback
Major
Minor
2.5 m
1.0 m
2.5 m
Not Applicable
2.5 m
Not Applicable
Minimum sideyard flanking street
6.0 m
6.0 m
6.0 m
Minimum rearyard
12.0 m
12.0 m
12.0 m
Minimum distance between buildings
3.0 m
3.0 m
3.0 m
Maximum lot coverage - all buildings
35%
40%
40%
Apartment Building
STANDARD
1 Bedroom
2 Bedroom
3 Bedroom
Minimum lot area
100 m² per unit
Minimum lot width (frontage)
6 m per groundfloor unit
Minimum floor area
40 m² per
unit
50 m² per unit
60 m² per unit
Minimum frontyard setback
7.5 m
Minimum sideyard (both sides)
2.5 m
Minimum rearyard
8 m
Minimum distance between buildings
3 m
Maximum lot coverage - all buildings
40%
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CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development is compatible with the uses within the Permitted Use Classes
and not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion will be subject to terms and
conditions to ensure it will not detract from the residential quality and amenities of the
area.
2.
Viewshed Protection
(1) No new building, building extension, structure, or site development will be developed
in a way that, in Council's opinion, would significantly impact a scenic viewshed.
(2) Approval of a proposed development may be subject to terms and conditions to
prevent or mitigate negative impacts on scenic viewsheds.
3.
Developments that Require Municipal Water and Sewer Services
Apartment buildings, boarding houses, childcare, double dwellings, residential care
homes, retirement homes, and row dwellings will not be permitted in any area where
municipal water and sewer services are not available.
4.
Onsite Services
In accordance with Regulations 4.16 and 6.20, no building permit or subdivision
application will be approved without municipal water and/or sewer services unless it meets
Provincial requirements for groundwater assessment and sanitary sewage treatment and
disposal and has been approved by the Water Resources Management Division.
5.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling. Subsidiary
apartments will not be permitted in double dwellings, row dwellings, or accessory
buildings.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
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6.
Kennels
A kennel, if permitted at Council's discretion, will be subject to such terms and conditions
deemed necessary to restrict the number of dogs, cats, or other animals on the premises
and to minimize potential noise, odour, and other impacts on neighbouring land uses.
7.
Protection of Existing Cemeteries
No development in the Residential zone will be permitted to encroach closer than
8.0 metres from an existing gravesite or individual grave.
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9.5
Residential Medium Density (RMD) Zone
PERMITTED USE CLASSES
(See Regulation 8.4)
DISCRETIONARY USE CLASSES
(See Regulations 8.5 and 3.21)
Accessory building (See Accessory
Buildings Regulation)
Community garden
Conservation
Open space
Single dwelling
Subsidiary apartment (See Condition 5)
Transportation
Utility
Antenna
Apartment building
Bed and breakfast (See Regulation 5.5)
Boarding house
Childcare (See Regulation 5.7)
Convenience store
Crop agriculture
Domestic sawmill (See Regulation 5.9)
Double dwelling
Energy generation facility (See Regulation 5.10)
Home occupation (See Regulation 5.11)
Kennel (See Condition 6)
Mineral exploration (See Regulation 5.12)
Personal livestock use - small animals (See
Regulation 5.14)
Personal livestock use - larger animals (See
Regulation 5.14)
Petroleum exploration (See Regulation 5.12)
Recreational open space
Residential care home (See Regulation 5.16)
Retirement home
Row dwelling
Visitor rental dwelling (See Regulation 5.5)
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DEVELOPMENT STANDARDS
STANDARD
Single
Dwelling
Double
Dwelling
(per unit)
Row Dwelling
End Unit
Interior Unit
Fully Serviced Areas (municipal water and municipal sewer)
Minimum lot area
470 m²
270 m²
270 m²
200 m²
Minimum lot width (frontage)
15.0 m
10.0 m
9.5 m
7.0 m
Semi Serviced Areas (one of municipal water or municipal sewer)
Minimum lot area
1860 m²
Not Permitted
Not Permitted
Minimum lot width (frontage)
23.0 m
Unserviced Areas (no municipal water and no municipal sewer)
Minimum lot area
2600 m²
Not Permitted
Not Permitted
Minimum lot width (frontage)
30.0 m
All Areas
Minimum floor area (excl. basement)
56.0 m²
56.0 m²
56.0 m²
Minimum frontyard setback
Maximum frontyard setback
7.5 m
30.0 m
7.5 m
30.0 m
7.5 m
30.0 m
Minimum sideyard setback
Major
Minor
2.5 m
1.0 m
2.5 m
Not Applicable
2.5 m
Not Applicable
Minimum sideyard flanking street
6.0 m
6.0 m
6.0 m
Minimum rearyard
10.0 m
10.0 m
10.0 m
Minimum distance between buildings
3.0 m
3.0 m
3.0 m
Maximum lot coverage - all buildings
35%
40%
40%
Apartment Building
STANDARD
1 Bedroom
2 Bedroom
3 Bedroom
Minimum lot area
100 m² per unit
Minimum lot width (frontage)
6 m per groundfloor unit
Minimum floor area
40 m² per unit
50 m² per unit
60 m² per unit
Minimum frontyard setback
7.5 m
Minimum sideyard (both sides)
2.5 m
Minimum rearyard
8 m
Minimum distance between buildings
3 m
Maximum lot coverage - all buildings
40%
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development is compatible with the uses within the Permitted Use Classes
and not contrary to the general intent of the Municipal Plan and Development Regulations.
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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.
Viewshed Protection
(1) No new building, building extension, structure, or site development will be developed
in a way that, in Council's opinion, would significantly impact a scenic viewshed.
(2) Approval of a proposed development may be subject to terms and conditions to
prevent or mitigate negative impacts on scenic viewsheds.
3.
Developments that Require Municipal Water and Sewer Services
Apartment buildings, boarding houses, childcare, double dwellings, residential care
homes, retirement homes, and row dwellings will not be permitted in any area where
municipal water and sewer services are not available.
4.
Onsite Services
In accordance with Regulations 4.16 and 6.20, no building permit or subdivision
application will be approved without municipal water and/or sewer services unless it meets
Provincial requirements for groundwater assessment and sanitary sewage treatment and
disposal and has been approved by the Water Resources Management Division.
5.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling. Subsidiary
apartments will not be permitted in double dwellings, row dwellings, or accessory
buildings.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
6.
Kennels
A kennel, if permitted at Council's discretion, will be subject to such terms and conditions
deemed necessary to restrict the number of dogs, cats, or other animals on the premises
and to minimize potential noise, odour, and other impacts on neighbouring land uses.
7.
Protection of Existing Cemeteries
No development in the Residential zone will be permitted to encroach closer than
8.0 metres from an existing gravesite or individual grave.
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9.6
Open Space (OS) Zone
PERMITTED USE CLASSES
(See Regulation 8.4)
DISCRETIONARY USE CLASSES
(See Regulations 3.21 and 8.5)
Community garden
Conservation
Open space
Transportation
Utility
Catering (See Condition 5)
Cemetery (See Condition 3)
Crop agriculture
Mineral exploration (See Regulation 5.12)
Outdoor assembly
Outdoor market (See Condition 6)
Petroleum exploration (See Regulation 5.12)
Recreational open space
Take-out food service (See Condition 5)
Temporary vending facility
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development is compatible with the uses within the Permitted Use Classes
and not contrary to the general intent of the Municipal Plan and Development Regulations.
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
All development must meet the development standards prescribed by Council.
3.
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.
4.
Protection of Cemeteries
No development in the Residential zone will be permitted to encroach closer than
8.0 metres from an existing gravesite or individual grave.
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5.
Catering and Take-out Food Services
Catering and take-out food services may be permitted only as accessory uses to a main
use such as an assembly use.
6.
Outdoor Markets
Outdoor markets may be permitted only on a temporary basis, for example, during
community events.
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9.7
Rural Residential (RR) Zone
PERMITTED USE CLASSES
(See Regulation 8.4)
DISCRETIONARY USE CLASSES
(See Regulations 3.21 and 8.5)
Accessory building
Community garden
Conservation
Open space
Single dwelling
Subsidiary apartment
Transportation
Utility
Antenna
Bed and breakfast (See Regulation 5.4)
Campground (See Regulation 5.5)
Construction yard
Crop agriculture
Domestic sawmill (See Regulation 5.9)
Energy generation facility
General industry
Home occupation
Kennel (See Condition 3)
Light industry
Mineral exploration (See Regulation 5.12)
Personal livestock use - large animals (See Regulation 5.14)
Personal livestock use - small animals (See Regulation 5.15)
Petroleum exploration (See Regulation 5.12)
Recreational open space
DEVELOPMENT STANDARDS
STANDARD
Single Dwelling
Minimum lot area
4,000 m² or as determined by Digital Government and Service
NL, whichever is more
Minimum lot frontage
45.0 m or as determined by Digital Government and Service
NL, whichever is more
Minimum frontyard
15.0 m
Minimum sideyard (each side)
3.0 m + 3.0 m
Minimum sideyard flanking street
8.0 m
Minimum rearyard
12.0 m
Maximum lot coverage
33.0%
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes may be permitted at Council's discretion provided the
development is compatible with the uses within the Permitted Use Classes and not
contrary to the general intent of the Municipal Plan and Development Regulations.
Approval of a discretionary use will be subject to public consultation and terms and
conditions to ensure it will be compatible with surrounding land uses and will not detract
from the general residential and environmental quality and amenities of the area.
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2.
Onsite Services
In accordance with Regulations 4.16 and 6.20, no building permit or subdivision
application will be approved without municipal water and/or sewer services unless it meets
Provincial requirements for groundwater assessment and sanitary sewage treatment and
disposal and has been approved by the Water Resources Management Division.
3.
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.
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9.8
Rural (RU) Zone
PERMITTED USE CLASSES
(See Regulation 8.4)
DISCRETIONARY USE CLASSES
(See Regulations 3.21 and 8.5)
Antenna
Conservation
Crop agriculture
Energy generation facility (See Regulation 5.10)
Forestry
Mineral exploration (See Regulation 5.12)
Open space
Petroleum exploration (See Regulation 5.12)
Transportation
Utility
Cemetery (See Condition 7)
Construction yard
General industrial (See Condition 3)
Light industrial (See Condition 3)
Livestock agriculture (See Regulation 5.4)
Mineral working (See Regulation 5.13)
Mining
Outdoor market (See Condition 6)
Petroleum extraction
Recreational dwelling
Recreational open space
Salvage yard (See Regulation 5.17)
Shop (See Condition 6)
Single dwelling (See Condition 2)
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use
Classes and is not contrary to the general intent of the Municipal Plan and Development
Regulations.
Approval of a discretionary use will be subject to terms and conditions to ensure it will be
reasonably compatible with surrounding land uses and will not detract from the general
quality and amenities of the area.
2.
Single Dwelling
At its discretion, Council may permit a single dwelling that is accessory to a commercial
agricultural use, subject to the following:
(a)
It is demonstrated to Council's satisfaction that the agriculture use is a bona fide
commercial operation from which the owner derives a major portion of his or her
income, and
(b)
It is demonstrated to Council's satisfaction that full-time habitation on the site is
necessary for the feasible operation of the agricultural use.
(c)
The dwelling will be subject to such terms and conditions as deemed appropriate
by Council.
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3.
General and Light Industrial Uses
At its discretion, Council may permit a general or light industrial use that is clearly
accessory to an agricultural, forestry, or mineral working use, or that meets the following
criteria:
(a)
The use is unsuitable for a built-up area by reason of appearance, noise, vibration,
smell, fumes, smoke, grit, soot, ash, dust, or glare.
(b)
The use requires large outdoor areas for open storage and handling of materials,
goods, and equipment.
(c)
The use is capable of being serviced by on-site water and sewage services if such
services are needed.
(d)
The use can be screened from public streets and lands designated for urban uses.
(e)
The use generates low volumes of traffic.
(f)
The use will have no deleterious effects on the environment.
(g)
The use does not include warehousing, wholesale, or retail activities.
(h)
The use will be subject to such other terms and conditions as deemed appropriate
by Council.
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.
6.
Outdoor Markets and Shops
At its discretion, Council may permit an outdoor market or shop as an accessory use to a
bonafide farm, campground, or recreational open space use, provided that Council deems
that the proposed use will be integral and complementary to the main use.
7.
Cemetery
(1)
A cemetery, if permitted at Council's discretion, will be subject to such terms and
conditions, as Council deems appropriate.
(2)
An application to develop or expand a cemetery must be accompanied by a site
design plan for Council's consideration. The site plan will illustrate the location of
the cemetery, access points, landscaping, and buffers with adjacent properties.
8.
Protection of Existing Cemeteries
No development in the Residential zone will be permitted to encroach closer than
8.0 metres from an existing gravesite or individual grave.
9.
Exemption from Street Frontage Requirement
At Council's discretion, approved buildings in this zone may be exempted from Regulation
4.11 of these Regulations only if the proposed use conforms with relevant conditions
outlined in these Regulations as well as any other conditions that may be set by Council.
APPENDICES
APPENDIX A - LAND USE ZONING MAPS
(SEE MAP INSERTS)
APPENDIX B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
APPENDIX B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
This Classification is intended to assist in the interpretation of types of uses within the use
classes listed in the Use Zone Tables in Part 8 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 dwellings
Apartment Building
Apartment buildings
Collective Residential
Educational residences, nurse residences,
worker accommodations
Subsidiary Apartment
Basement apartments, in-law suites
Boarding House
Boarding houses
Bed and Breakfast
Bed and breakfast
Visitor Rental
Dwelling
Visitor rental dwelling
Residential Care
Seniors housing, personal care homes, nursing
homes, group homes
Recreational Dwelling
Cabins, cottages
Home Occupation
Home occupations
Accessory Building
Sheds, garages, greenhouses, root cellars,
personal livestock shelters, portable shelters
GROUP
CLASS
EXAMPLES
COMMERCIAL
USES
Campground
Campgrounds, trailer parks, RV parks
Catering
Restaurants, coffee shops, bake shops
Commercial Residential
Hotels, motels, inns.
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
appliances.
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, government offices
Outdoor Market
Fish markets, market grounds, flea markets,
produce stands, outdoor farmer markets
Personal Service
Beauty parlours, pet grooming, gyms, computer
services, hobby shops, photo studios, taxi
stands.
Recycling Facility
Bottle recycling centres, metal recyclers
Service Station
Gas stations, general garages, tire sales and
repairs, auto parts sales, car washes.
Shop
Retail shops, showrooms, supermarkets,
convenience stores, gift shops, specialty shops
Shopping Centre
Shopping centres
Take-out Food Service
Take-out restaurant, food stand, mobile
canteen
Tourist Cottage
Establishment
Tourist cottages establishments
Vehicle Sales and
Services
Automobile dealerships, recreational vehicle
dealerships, heavy equipment dealerships
Veterinary
Veterinary clinics
GROUP
CLASS
EXAMPLES
INSTITUTIONAL
AND
PUBLIC USES
Cemetery
Cemeteries
Childcare
Daycare centres, home childcare services,
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, gymnasia, auditoria
Indoor Assembly
Recreation centres, arenas, ice rinks,
armouries, fitness clubs, bowling alleys
Medical Treatment
Hospitals, medical care centres, medical clinics
Outdoor Assembly
Bleachers, grandstands, outdoor ice rinks,
amusement parks, fairgrounds, exhibition
grounds, drive-in theatres
Passenger Assembly
Airport terminals, bus stations
Penal and Correctional
Detention
Jails, prisons, reformatories, group homes
Place of Worship
Churches and similar places of worship, church
halls
Residential Care
Seniors housing, personal care homes, nursing
homes, group homes
GROUP
CLASS
EXAMPLES
CONSERVATION
AND
OPEN SPACE USES
Conservation
Buffer strips, watersheds, protected sensitive
areas (e.g. steep slopes, wetlands, wildlife
habitat)
Open Space
Parks, trails, boardwalks, protected green
areas, picnic areas
Recreational Open
Space
Sports fields, running tracks, playgrounds,
outdoor skating rinks, golf courses, dog parks
Target Shooting
Range
Target shooting ranges
GROUP
CLASS
EXAMPLES
NATURAL
RESOURCE USES
Crop Agriculture
Vegetable and hay farms, hobby farms, market
gardens, community gardens, nurseries,
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
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
INDUSTRIAL USES
Fisheries Facility
Wharves, stages, slipways, fishplants,
aquaculture facilities, ice-making facilities
General Industry
Factories, cold storage plants, bulk storage
facility, freight depots, planing mills,
construction yards
Hazardous Industry
Bulk storage of hazardous liquids and
substances, chemical plants, distilleries
feed mills, spray painting shops
Light Industry
Workshops, light industry, indoor storage
centres, warehouses, greenhouses,
recycling depots, workshops, general
garages
Marine Facility
Wharves, loading docks, shipyards,
slipways, refuelling services, marine repair
services
Salvage Yard
Car wrecking yards, junk yards, salvage
yards, scrap dealers
GROUP
CLASS
EXAMPLES
TRANSPORTATION
AND
UTILITY USES
Transportation
Roads, bridges, marine structures, airfields
Marina
Marinas, boathouses, docks, moorings, slips,
boat refuelling and repair services
Antenna
Communications towers, transmitting and
receiving masts and antenna
Dock
Recreational docks, slipways, and stages
Boathouse
Boathouses,
Stagehead
Stageheads
Energy Generation
Facility
Wind generators, solar generators, small hydro
generators, heating 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
APPENDIX C
OFFSTREET LOADING AND PARKING REQUIREMENTS
APPENDIX C - OFFSTREET LOADING AND PARKING REQUIREMENTS
1.
Off-Street Loading Requirements
(1)
Where Council deems necessary, for every building, structure or use requiring
the shipping, loading or unloading of animals, goods, wares or merchandise,
one or more loading spaces will be provided and maintained on the lot
measuring at least 15 metres long and 4 metres wide with a vertical clearance
of at least 4 metres. The space will have direct access to a public street or to a
driveway of a minimum width of 6 metres that connects to a public street.
(2)
The number of loading spaces to be provided will be determined by Council.
(3)
The loading spaces required by this Regulation will be designed so that vehicles
can manoeuvre clear of any street and so that it would not be necessary for any
vehicle to reverse onto or from a street.
2.
Parking Area Standards
(1)
For the purposes of this Regulation,
Parking Area means a designated area of land on a lot for off-street parking.
Parking Space means a designated space in a parking area or driveway
adequate to park one automobile with room to open doors on both sides,
together with related manoeuvring room and access to a public street.
(2)
For every building, structure or use to be erected or enlarged, there shall be
provided and maintained a quantity of off-street parking spaces sufficient to
ensure that the flow of traffic on adjacent streets is not impeded by on-street
parking of vehicles associated with that building, structure or use.
(3)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Appendix C, except as
otherwise modified by PART 8 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.
(8)
Where Council permits parking perpendicular to the curb, the minimum
dimensions of each parking space will be as follows:
Parking space width
2.5 metres
Parking space length or depth
7.5 metres
Aisle width separating opposite parking spaces
7.0 metres
Aisle width separating a space from another obstruction 7.0 metres
Where Council permits parking parallel to the curb, the minimum length of the
space will be 7.0 metres and the aisle width will be at least 4 metres, or more if
deemed necessary by Council.
For any other parking lot configuration, the requirements shall as be as specified
by Council, but in no instance shall the requirements be less than that specified
for perpendicular parking spaces.
(9)
Other requirements for parking areas are as follows:
(a)
The parking area will be constructed and maintained to the
specifications of Council,
(b)
Lights for illumination of the parking area will be arranged so as to divert
the light away from adjacent development,
(c)
Except on a service station or industrial lot, no gasoline pump or other
service station equipment will be located or maintained in a parking area,
(e)
No part of any off-street parking area will be closer than 1.5 metres from
the street line in any zone,
(f)
Where Council deems that strict application of the parking requirements
is impractical or undesirable, Council may as a condition of a permit
require the developer to pay a service levy in lieu of the provision of a
parking area, and Council will use the full amount of the levy for the
provision and upkeep of alternative parking facilities within the vicinity of
the development.
3.
Off-Street Parking Requirements
(1)
The off-street parking requirements for the various use classes set out in
Appendix B will be as set out in the following table, except as otherwise set out
in PART 8. 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.
OFF-STREET PARKING SPACE REQUIREMENTS
CLASS
MINIMUM SPACES
MAXIMUM SPACES
Theatre
1.0 per 6 seats.
N/A
Cultural and Civic
1.0 per 60 m2 of gross floor areas.
N/A
General Assembly
1.0 per 15 m2 of gross floor area.
N/A
Educational
Schools - 2.0 per classroom.
Other educational - 1.0 per 5 stud-
ents, faculty and staff.
N/A
Place of Worship
1.0 per 6 seats.
N/A
Passenger
Assembly
As specified by Council.
N/A
Club and Lodge
1.0 per 3 persons of permitted
occupancy
N/A
Catering
1.0 per 3 persons of permitted
occupancy
N/A
Funeral Home
1.0 per 12 m2 of gross floor area.
N/A
Child Care
1.0 per 30 m2 of gross floor area
N/A
Amusement
1.0 per 15 m2 of gross floor area.
N/A
Outdoor Assembly
As specified by Council.
N/A
Campground
As specified by Council.
N/A
Single Dwelling
2.0 per dwelling unit
4.0 per dwelling unit
Double Dwelling
2.0 per dwelling unit
3.0 per dwelling unit
Row Dwelling
2.0 per dwelling unit
3.0 per dwelling unit
Apartment Building
1.5 per dwelling unit
2.5 per dwelling unit
Residential care
1.0 per 2 residents
As specified by Council.
Bed and Breakfast
As required for the dwelling
plus 1.0 per guest room
As required for dwelling
plus 1.5 per guest room
Boarding House
As required for the dwelling
plus 0.8 per guest room
As required for dwelling
plus 1.5 per guest room
Commercial
Residential
1.0 per guest room.
2.0 per guest room
Office
1.0 per 25 m2 of gross floor area.
N/A
Medical and
Professional
1.0 per 25 m2 of gross floor area.
N/A
Outdoor Market
As specified by Council.
N/A
Convenience Store
1.0 per 20 m2 of gross floor area.
N/A
General and
hazardous industry
As specified by Council, but not less
than 1.0 per 100 m2 of gross floor
area.
N/A
Service Station
1.0 per 20 m2 of gross floor area.
N/A
Light Industry
As specified by Council but not less
than 1.0 per 50 m2 of gross floor area.
N/A
APPENDIX D
PROVINCIAL DEVELOPMENT REGULATIONS
APPENDIX D - PROVINCIAL DEVELOPMENT REGULATIONS
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. John's, January 2, 2001 .
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
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,
(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;
(j)
"lot" means a plot, tract or parcel of land which can be considered as a unit of
land for a particular use or building;
(k)
"lot area" means the total horizontal area within the lines of the lot;
(l)
"lot coverage" means the combined area of all building on a lot measured at
the level of the lowest floor above the established grade and expressed as a percentage of
the total area of the lot;
(m)
"non-conforming use" means a legally existing use that is not .listed as a
permitted or discretionary use for the use zone in which it is located or which does not meet
the development standards for that use zone;
(n)
"owner" means a person or an organization of persons owning or having the
legal right to use the land under consideration;
(o)
"permitted use" means a use that is listed within the permitted use classes set
out in the use zone tables of an authority's development regulations;
(p)
"prohibited use" means a use that is not listed in a use zone within the
permitted use classes or discretionary use classes or a use that an authority specifies as not
permitted within a use zone;
(q)
"sign" means a word, letter, model, placard, board, device or representation,
whether illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as a
memorial, advertisements of local government, utilities and boarding or similar structures
used for the display of advertisements;
(r)
"rear yard depth" means the distance between the rear lot line and the rear
wall of the main building on a lot;
(s)
"side yard depth" means the distance between the side lot line and the nearest
side wall of a building on the lot;
(t)
"street" means a street, road, highway or other way designed for the passage
of vehicles and pedestrians and which is accessible by fire department and other emergency
vehicles;
(u)
"street line" means the edge of a street reservation as defined by the authority
having jurisdiction;
(v)
"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.
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.
(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)
In the conduct of an appeal hearing, the board is not bound by the rules of
evidence.
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 in paragraph 108(3)(g) of the Act
must, where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and
development regulations applicable to that building or structure.
Notice and hearings on change of use
15.
Where considering a non conforming building, structure or development under
paragraph 108(3)(d) of the Act and before making a decision to vary an existing use of that
nonconforming building, structure or development, an authority, at the applicant's expense,
shall publish a notice in a newspaper circulating in the area or by other means give public
notice of an application to vary the existing use of a non-conforming building, structure or
development and shall consider any representations or submissions received in response to
that advertisement.
Non-conformance with standards
16.
Where a building, structure or development does not meet the development
standards included in development regulations, the building, structure or development shall
not be expanded if the expansion would increase the non-conformity and an expansion must
comply with the development standards applicable to that building, structure or development.
Discontinuance of non-conforming use
17.
An authority may make development regulations providing for a greater period
of time than is provided under subsection 108(2) of the Act with respect to the time by which
a discontinued non-conforming use may resume operation.
Delegation of powers
18.
An authority shall, where designating employees to whom a power is to be
delegated under subsection 109(3) of the Act, make that designation in writing.
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