Development Regulation Amendment DRA-2025-01

Kippens, Newfoundland and Labrador

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TOWN OF KIPPENS DEVELOPMENT REGULATIONS AMENDMENT NO. DR25-01 SUBDIVISION DEVELOPMENT STANDARDS, ACCESSORY BUILDING PROVISIONS, AND PUBLIC NOTICE REQUIREMENTS Page 2 of 8 URBAN AND RURAL PLANNING ACT, 2000 RESOLUTION TO ADOPT ULATIONS AMENDMENT NO. DR25-01 TOWN OF KIPPENS DEVELOPMENT REG Under the an and Rural Planning Act, 2000, the Town authority of section 16 of the Urban Council of Kippens adopts the Town ulations Amendment of Kippens Development Reg No. DR25-01. Adopted by the Town Council of Kippens on the , Signed and sealed thi_ 3 Gfiv , -------- Mayor: Clerk: Canadian Institute of Planners Certification No. DR25-01 has been attached Town of Kippens Development I certify that the a Reg Amendment ulations prepared in accordance with the requirements of the Urban and Rural Planning Act, 2000. MCIP: Andrew Smith, MOP Development Regulations/Amendment REGISTERED Number 2615- 0045 -2026 Date , 2 6 Shmature ,ipilor.1.0:,:,.-:"....z.t... \4N' '- ' ' '-- i t c"Q- . - - . - 'I, ...,- - t--- ' . ,, , --:-, - . .,-, ..z..., t - .. .. - . -;',.. t ..., t -.-.1. - ,.., \ ..... .- ay 3:-..: ., - . N i;t1.w," -- \ .-f.. , -- , . \ .,4, - 7; , k ':.44.. 1 c .?.*; ;-- '''' - ' 1t St' "7..... If ._ - - . - ''- iI ------C'i P 4'\r'.--- ii Page 1 of 8 --- Background The purpose of this administrative text amendment is to update the subdivision development standards, accessory building provisions, and public notice requirements. Where the proposed changes are harmonious with the Municipal Plan, this amendment does not have a corresponding Municipal Plan amendment. The Town does not currently have detailed engineering requirements for the construction of new subdivisions and public streets. The new Municipal Development Standards is an accompanying policy of the Town Council that provides the necessary detail of the process from the initial preparation of preliminary planning and design to the Final Acceptance Certificate (FAC) for the infrastructure and the release of securities. The following administrative amendments are to align the Development Regulations with the new Municipal Development Standards. Several provisions are repealed as they will now be house in the Municipal Development Standards. Including reference to the Municipal Development Standards in the Development Regulations will also support the legal defensibility of the regulatory enforcement of the new standards. This text amendment also includes an update to the accessory building provisions. This will help streamline the development approval process for larger accessory buildings, negating the need for a discretionary development approval of Council. Lastly, this text amendment also includes an update to the public notice provisions to be consistent with the new provincial legislative requirements that took effect on December 4, 2024. Previously, newspaper publication was required for amendments to the Municipal Plan or Development Regulations. The new changes (section 110.1 of the Urban and Rural Planning Act, 2000, amended 2024 c30 s 1 1) require the posting of a notice in two conspicuous places in the affected area and a community-wide notice of the Town's choosing (e.g., website publication or social media posting can be used in lieu of newspaper publication). Public Consultation As per subsection 35(5) of the Urban and Rural Planning Act, 2000, the Town published notice of the proposed amendments through the following, allowing 10 business days to receive representations: (1) Town's website; and (2) Poster in Town Office. The Town received no representations on the proposed changes. Page 3 of 8 Development Regulations Amendment No. DR25-01 The Town of Kippens Development Regulations is hereby amended by: (1) Repealing subparagraph A.2.2.8 (c) ii. and inserting the following: "(c) ii. Posting notice on one of the Town's social media accounts for a minimum of 10 business days."; (2) Repealing paragraph A.2.2.8 (d) and inserting the following: "(d) Council shall give notice of the application to the local neighbourhood by posting notification signs in at least two (2) conspicuous places in the area affected by the development proposal."; (3) Repealing subparagraph A.2.2.9 (f) ii. and inserting the following: "(f) ii. Posting notice on one of the Town's social media accounts for a minimum of 10 business days."; (4) Repealing paragraph A.2.2.9 (h) and inserting the following: "(h) Council shall give notice of the application to the local neighbourhood by posting notification signs in at least two (2) conspicuous places in the area affected by the development proposal."; (5) Repealing subparagraph A.2.2.10 (i) ii. and inserting the following: "(i) ii. Posting notice on one of the Towns social media accounts for a minimum of 10 business days."; (6) Repealing paragraph A.2.2.10 (j) and inserting the following: "(j) Council shall give notice of the application to the local neighbourhood by posting notification signs in at least two (2) conspicuous places in the area affected by the development proposal."; (7) Repealing subparagraph A.2.2.11 (b) ii. and inserting the following: "(b) ii. Posting notice on one of the Town's social media accounts for a minimum of 10 business days."; Page 4 of 8 (8) Repealing paragraph A.2.2.11 (c) and inserting the following: "Where the Applicant applies to re-designate land as represented on the Future Land Use Classes Map and in addition to the notice requirement under (b), Council shall give notice of the application to the local neighbourhood by posting notification signs in at least two (2) conspicuous places in the area affected by the development proposal."; (9) Repealing paragraph A.2.2.11 (0; (10) Amending paragraph A.2.2.11 (i) by striking out "in a locally circulated newspaper and the Gazette"; (11) Repealing paragraph A.2.2.11 6); (12) Repealing paragraph A.2.2.11 (1) and inserting the following: "Council shall give public notice of a proposed amendment to the Regulations in accordance with subsection 35(5) of the Act."; (13) Repealing paragraph A.2.2.11 (m); (14) Repealing paragraph A.2.2.11 (n) and inserting the following: "Further to (1) and where the Applicant applies to re-zone land represented on the Zoning Map, Council shall give notice of the application to the local neighbourhood by posting notification signs in at least two (2) conspicuous places in the area affected by the development proposal."; (15) Amending paragraph A.2.2.11 (o) by striking out ", (m), or (n)". (16) Amending paragraph A.2.2.11 (q) by striking out "in a locally circulated newspaper and the Gazette"; (17) Repealing paragraph A.2.2.11 (r); (18) Repealing paragraph A.2.2.11 (t); (19) Amending paraph A.2.2.12 (a) by striking out "A.2.2.8 (c) i., ii., and (d) ii.; A.2.2.9 (f) i., ii., and (g); A.2.2.10 (i) i., ii., and (j) ii.; A.2.2.11 (b) i., ii., and (c) ii.; and A.2.2.11 (f), (1), (m), and (n) ii." and inserting "A.2.2.8, A.2.2.9, A.2.2.10, and A.2.2.11"; Page 5 of 8 (20) Repealing "Table 3: Summary of Applications Types and Required Notification" under paragraph A.2.2.12 (d) and inserting the following table: Application Type Community Wide -Required Notice Neighbourhood -- RequirediNotice Notification-Radius (Where. Applicable) Discretionary Use (A.2.2.8) (c) i. Town website; OR ii. Town social media account (d) Two (2) notification signs N/A Variance (A.2.2.9) (f) i. Town website; OR ii. Town social media account (g) Notices to owners of land; AND 30.0m (98.4ft) (h) Two (2) notification signs Changing a Non- conforming Use (A.2.2.10) (i) i. Town website; OR ii. Town social media account (j) Two (2) notification signs N/A Re-designating Land -- Plan Amendment (A.2.2.11) (b) i. Town website; OR ii. Town social media account (c) Two (2) notification signs N/A (Note: To fulfill public consultation requirement under section 14 of the Act) Re-designating Land -- Plan Amendment (A.2.2.11) (e) [Section 17] i. Town website; OR ii. Town social media account (i) [Subsection 24(2)] i. Town website; OR ii. Town social media account (e) [Section 17] Two (2) notification signs (i) [Subsection 24(2)] Two (2) notification signs N/A (Note: To fulfill notice of adoption/public hearing requirement under section 17 of the Act and notice of approval/registration requirement under subsection 24(2) of the Act) Page 6 of 8 Re-zoning Land -- Regulations Amendment (A.2.2.11) (Note: To fulfill notice of proposed amendment under subsection 35(5) of the Act and notice of adoption/registration requirement under subsection 24(2) of the Act) (I) [Subsection 35(5)] i. Town website; OR ii. Town social media account (q) [Subsection 24(2)] i. Town website; OR ii. Town social media account (I) [Subsection 35(5)] Two (2) notification signs (q) [Subsection 24(2)] Two (2) notification signs N/A Table 3: Summary of Application Types and Required Notification (21) Repealing "Table 7: Use Zone Development Standards for Accessory Buildings" under paragraph CA (e) and inserting the following table: I. RES use zone II. CD use zone III. RDvse zone IV. All other use zones i. Maximum number of accessory buildings per lot 2 3 No Limit No Limit ii. Maximum footprint of any accessory building Shall not exceed the footprint of the main building or 139.4m2 (1500ft2) Shall not exceed the footprint of the main building or 139.4m2 (1500ft2) Shall not exceed the footprint of the main building Shall not exceed the footprint of the main building iii. Maximum combined floor area of all accessory buildings per lot, where lot area is ≤2000m2 (0.49 acres) 10% of lot area 10% of lot area 12% of lot area 12% of lot area iv. Maximum combined floor area of all accessory buildings per lot, where lot area is >2000m2 (0.49 acres) 185.8m2 (2000ft2) 185.8m2 (2000ft2) 12% of lot area 12% of lot area v. Maximum building height of any accessory building on lot 4.5m (14.8ft) or building height of highest main building, whichever is lesser 4.5m (14.8ft) or building height of highest main building, whichever is lesser Shall not exceed the building height of the highest main building Shall not exceed the building height of the highest main building vi. Setback from all lot lines where accessory building is ≤13.4m2 (144.0ft2) in floor area and ≤2.5m (8.2ft) in height 0.9m (3.0ft) 0.9m (3.0ft) 1.5m (4.9ft) 1.5m (4.9ft) vii. Setback from all lot lines for all other accessory buildings 2.0m (6.6ft) 2.0m (6.6ft) 3.0m (9.8ft) or %% accessory building 3.0m (9.8ft) or X accessory building Page 7 of 8 height, whichever is the greater height, whichever is the greater viii. Setback from an accessory building 2.0m (6.6ft) 2.0m (6.6ft) 3.0m (9.8ft) 3.0m (9.8ft) ix. Setback from a main building 3.0m (9.8ft) 3.0m (9.8ft) 5.0m (9.8ft) 5.0m (16.4ft) x. Allowed to be erected or placed in the front yard No No Yes Yes Table 7: Use Zone Development Standards for Accessory Buildings (22) Repealing the "No development permit shall be issued for the development of a subdivision, unless the design of the subdivision conforms to the following standards:" under subsection D.9.1 and inserting the following after the section D.9 title and before the subsection D.9.1 subtitle: "No development permit shall be issued for the development of a subdivision, unless the design of the subdivision conforms to the following standards and the Municipal Development Standards policy of Council:"; (23) Repealing paragraphs D.9.1 (c), (e), (0, (g), (h), and (i); (24) Repealing paragraph D.9.2 (b) and replacing with the following: "(b) Where permitted by Council, dead-end cul-de-sac and p-loop streets are subject to the design requirements within the Municipal Development Standards policy of Council."; (25) Repealing paragraphs D.9.2 (c) and (d); (26) Repealing section D.13; (27) Striking out the "Table 11" caption and inserting "Table 10" under paragraph D.15 (e); (28) Striking out the "Table 12" caption and inserting "Table 11" under subsection App.E.1 Application Fees; and (29) Striking out "Table 13" caption and inserting "Table 12" under subsection App. E.2 Administrative Request Fees. 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