Development Regulations — Town of L'Anse-au-Clair
L'Anse-au-Clair, Newfoundland and Labrador
· adopted 2020-11-23
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Town of L'Anse au Clair
Land Use Zoning, Subdivision
& Advertisement Regulations 2019-2029
(Development Regulations)
prepared by:
d.w.knightassociates
enloghlened orecton
Junc,2019
Final edit, l 7 Sep, 2021
Table of Contents
Approval Certificates .
1. Introduction
2. Definitions
3. General Regulations
4. General Development Standards
5. Signage
6. Subdivision of Land
7. Use Zones
Mixed
Residential
Public
Conservation
Industrial/Commercial
Watershed
Rural
Appendix A Zoning Maps (Map 2 to be attached).
Appendix B Provincial Development Regulations
Appendix C Classification of Uses of Land and Buildings
3
5
6
15
24
30
32
37
39
42
46
48
49
52
53
60
62
69
L'Anse au Clair Development Regulations 2019 - 2029, page 2
COUNCIL RESOLUTION TO ADOPT
Town of L'Anse au Clair Development Regulations
Under the authority of Section 35 of the Urban and Rural Planning Act 2000, the Town
Council of L'Anse au Clair adopts the L'Anse au Clair Development Regulations 2019 -
2029 in order to bring the Regulations into conformity with the Urban and Rural
Planning Act 2000.
Adopted by the Town Council ofL' Anse au Clair on the 23rd day of November, 2020.
Signed and sealed this 18th day of October, 2021.
Mayor:
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CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
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I certify that the attached Development Regulations have been prepared in accordance
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L'Anse au Clair Development Regulations 2019 - 2029, page 3
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COUNCIL RESOLUTION TO APPROVE
TOWN OF L'ANSE AU CLAIR DEVELOPMENT REGULATIONS
Under the authority of section 35 of the Urban and Rural Planning Act 2000,the Town
Council of L'Anse au Clair:
a)
adopted the Development Regulations on the 23 rd day of November ,
2020.
b)
As there is no newspaper published in the area, gave notice of the adoption
of said document by:
- Posting the notice on the Town's Facebook page on April 26
, 2021 ;
- Posting the notice on the Town's website on April 26
, 2021 ;
- Placing posters in prominent locations including the town hall, etc.; and
- Sending notices to the mailboxes of all residents on April 26 , 2021.
c)
Set the 12th _day of May
at 7:30
p.m. atthe
AMG Community Centre
for the holding of a physical public hearing to
consider objections and submissions.
Now under section 35 of the Urban and Rural Planning Act 2000, the Town Council of L'Anse
au Clair approves the L'Anse au Clair Development Regulations as adopted on the above date
and amended following the Public Hearing of May 12, 2021 and the Commissioner's Report,
dated May 31st , 2021
Signed and sealed this ~l 8~th __
day of October
2021.
Mayor:
Clerk:
Development Regulations/Amendment
REGISTERED
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Date
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L'Anse au Clair Development Regulations 2019 - 2029, page 4
1. Introduction
1 . 1 SHORT TITLE
These Regulations may be cited as the Town of L'Anse au Clair Development
Regulations.
1 .2 INTERPRETATION
Words and phrases used in these Regulations shall have the meanings ascribed to them
in Section 2.
Words and phrases not defined in Section 2 shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
1 .3 COMMENCEMENT
These Regulations come into effect throughout the L'Anse au Clair 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 CODE AND REGULATIONS
The National Building Code of Canada, the Fire Code of Canada and any other
ancillary code and any building regulations, waste disposal regulation and/or any other
municipal regulations regulating or controlling the development, conservation and use
of land in the Town of L'Anse au Clair, shall, under these Regulations apply to the
entire Planning Area.
1 .5 AUTHORITY
In these Regulations, "Authority" means the Town Council of L'Anse au Clair.
1 .6 PROVINCIAL DEVELOPMENT REGULATIONS
Sections of the Urban and Rural Planning Act, 2000 are referenced and the text of the
Provincial Development Regulations (Appendix B) have been incorporated into the
L'Anse au Clair Development Regulations 2019 - 2029 and are referenced as follows:
Urban and Rural Planning Regulation (No.), or
Provincial Regulation (No.).
Where there is a conflict between the L'Anse au Clair Regulations and the Provincial
Regulations, the Provincial Regulations shall apply.
L'Anse au Clair Development Regulations 2019 - 2029, page 5
2. Definitions
Access: 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.
(Refer to Provincial Regulation 4 (a), Appendix B)
Accessory Building can include the following:
(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 (see drawing),
(ii) for residential uses, domestic garages,
carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds,
1-
--i---t- access°'Y build ng
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.
(Refer to Provincial Development Regulation 4 (b), Appendix BJ
Accessory Use: A use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use.
(Refer to Provincial Regulation 4 (c), Appendix B)
Act: The Urban and Rural Planning Act, 2000.
Agriculture: Horticulture, fmit growing, grain growing, seed growing, dairy farming,
the breeding or rearing of livestock, including any creature kept for the production of
food, wool, skins, or fur, or for the purpose of its use in the farming of land, the use of
land as grazing land, meadow land, market gardens and nursery grounds and the use of
land for woodlands where that use is ancillary to the farming of land for any other
purpose.
Appeal Board: An Appeal Board established under the Act.
Applicant: A person who has applied to the Authority for an approval or permit to
carry out a development.
Authority: The Town C_ouncil of L' Anse au Clair.
Boarding House: A dwelling in which at least 2 rooms are regularly rented to persons
L'Anse au Clair Development Regulations 2019- 2029, page 6
other than the immediate family of the owner or tenant.
Building:
(i) every structure, erection, excavation, alteration or improvement whatsoever
placed on, over or under land, or attached, anchored or moored to land,
(ii) mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other like uses,
(iii) any part of a building as so defined and any fixtures that form part of a building,
(iv) an excavation of land whether or not it is associated with the intended or actual
construction as referred to in (i) to (iii).
(Refer to Urban & Rural Planning Regulation 2 (c))
Building Height: 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 structures,
smokestacks, steeples and purely ornamental structures above a roof.
(Refer to Provincial Regulation 4 (d), Appendix BJ
gambrel
building
height
Building Line: 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.
(Refer to Provincial Regulation 4 (e), Appendix BJ
Convenience Store: A building used as a store to serve the needs of the adjacent
neighbourhood, including the sale of magazine, confectionary and grocery items, rental
of video products or a del_icatessen or snack bar.
Daycare Centre or Day Nursery: 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 does not include a school as defined by
the Schools Act.
Development: 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
L'Anse au Clair Development Regulations 2019-2029, page 7
the intensity of use of any land, buildings, or premises, and:
(i) the making of an access onto a highway, road or way,
(ii) the erection of an advertisement or sign,
(iii) construction of a building, and
(iv) 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.
Development shall exclude:
(i) the carrying out of works for the maintenance, improvement or other alteration or
any building, being works which affect only the interior of the building or which
do not materially affect the external appearance or use of the building,
(ii) 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,
(iii) 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
(iv) 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 a dwelling.
Development Regulations: Regulations respecting development that have been·
enacted by the relevant Authority.
Discretionary Use: A use that is listed within the discretionary use classes established
in the use zone tables of an Authority's development regulations.
(Refer to Provincial Regulation 4 (I), Schedule B)
Dwelling, Single Detached Unit: A self-contained unit consisting of one or more
habitable rooms used or designed as the living quarters for one household.
Dwelling, Double Unit (or Duplex): A building containing two dwelling units,
placed one above the other, or side by side, but does not include a self-contained
dwelling containing a subsidiary apartment.
Dwelling, Townhouse: Three or more dwelling units, each with a separate entrance,
constructed side by side and separated by common vertical walls.
Dwelling, Apartment Building: A building containing three or more dwelling units,
but not including a townhouse dwelling.
Erect: To build, construct, reconstruct, alter or relocate and, without limiting the
generality of the foregoing, shall include any preliminary physical operation such as
L · Anse au Clair Development Regulations 2019 - 2029, page 8
excavating, grading, piling, cribbing, filling or draining, or structurally altering any
existing building or structure by an addition, deletion, enlargement or extension.
Engineer: A professional engineer employed or retained by the Authority and certified
by the Association of Professional Engineers and Geoscientists of Newfoundland and
Labrador.
Established Grade:
(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 (see drawing), or
CJ CJ
nlJbl!shod grade
(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.
(Ref er to Provincial Regulation 4 (g), Schedule BJ
Existing Use: A use that exists legally (or as an established non-conforming use) as of
the effective date of these regulations.
Floor Area: The total area of all floors in a building measured to the outside face of
exterior walls.
(Ref er to Provincial Regulation 4 (hJ, Schedule BJ
Frontage: The horizontal distance between side lot lines measured at the building line.
(Refer to Provincial Regulation 4 (iJ, Schedule BJ
General Industry: The use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up,
demolishing, or treating any article, commodity or substance.
Hazardous Industry: 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.
Historic Building or Site: A building or site valued by the people of L'Anse au Clair
for its contribution to the heritage of the community.
L'Anse au Clair Development Regulations 201 9 - 2029, page 9
Home Occupation: An accessory use of a dwelling and/or accessory building for
gainful employment involving the provision or sale of goods and/or services.
Inspector: Any person appointed and engaged as an Inspector by the Authority or by
any federal or provincial authority or the agent thereof.
Land: Includes land covered by water, and buildings and strnctures on, over, or under
the soil and fixtures that form part of these buildings and structures.
(Refer to Urban & Rural Planning Regulation 2 (iJJ
Landscaping: Any combination of trees, shrubs, flowers, grass or other horticultural
elements, decorative stonework, paving, screening or other architectural elements, all of
which is designed to enhance the visual amenity of a property or to provide a screen
between properties in order to mitigate objectionable features between them.
Light Industry: Use of any land or buildings for any industrial use that can be carried
out without hazard or intrnsion and without detriment to the amenity of the surrounding
area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or
appearance.
Local Street: 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: A plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building.
(Refer to Provincial Regulation 4 (;), Schedule BJ
Lot Area: The total horizontal area within the lines of the lot.
(Refer to Provincial Regulation 4 (kJ, Schedule BJ
Lot Coverage: The combined area of all buildings on the lot measured at the level of
the lowest floor above the established grade, expressed as a percentage of the total area
of the lot. As an example, for a lot containing a main building (A) and an accessory
building (B), the lot coverage would be
Area of A + Area of B x 100 = percentage of lot coverage
Total lot area
(Ref er to Provincial Regulation 4 (l), Schedule BJ
Lot Line: An outer boundary for a particular lot.
Lot Line, Front: The line dividing a lot from the street. For a comer lot, the shorter lot
line abutting the street shall be deemed the front lot line and the longer lot line abutting
the street shall be deemed the flanking lot line (see following drawing).
L · Anse au Clair Development Regulations 20 19 - 2029, page I 0
Lot Line, Rear: The lot line on the opposite
side of the front lot line.
7
Lot Line, Side: The lot lines perpendicular to
the front and rear lot lines.
Lot Line, Flanking: A lot line which abuts
the street on a comer lot.
Marina: A dock or basin together with
associated facilities such as slips, moorings,
I
supplies, repairs and other services, such as storage, sales and rentals, typically available
for boats and other watercraft.
Mineral Working: Land or buildings used for the working or extraction of any
naturally occun-ing substance.
Mobile Home: A transpo1table factory-built single family dwelling unit:
(i) which complies with space standards substantially equal to those laid down in the
Canadian Code for Residential Construction and is in accordance with the
construction standards laid down and all other applicable Provincial and
Municipal Codes, and
(ii) which is designed to be:
a. transported on its own wheels and chassis to a mobile home lot, and
subsequently supported on its own wheels, jacks, posts or piers, or on a
permanent foundation, and
b. connected to exterior public utilities approved by the Authority, namely,
piped water, piped sewer, electricity and telephone, in order for such
mobile home unit to be suitable for year round term occupancy.
Non-Conforming Use: 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.
(Refer to Provincial Regulation 4 (m), Schedule B)
Nursing Home: A building where nursing care and room and board are provided to
individuals incapacitated in some manner for medical reasons and approved by the NL
Department of Health and Community Services.
Outdoor Storage: The storage of goods, inventory, materials or equipment or other
items, which are not intended for immediate sale.
L'Anse au Clair Development Regulations 2019 - 2029, page 11
Owner: A person or an organization of persons owning or having the legal right to use
the land under consideration.
(Refer to Provincial Regulation 4 (nJ, Schedule BJ
Permitted Use: A use listed within the permitted use classes set out in the use zone
tables of an Authority's development regulations.
(Refer to Provincial Regulation 4 (oJ, Schedule BJ
Prohibited Use: A use 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.
(Refer to Provincial Regulation 4 (pJ, Schedule BJ
Public Use: Any lands, strnctures or buildings constrncted for use by the general public,
including but not limited to parks, playgrounds, trails, paths, other recreational and open
spaces, scenic and historic sites, publicly funded buildings such as schools, hospitals and
libraries.
Recreational Use: The use of land for parks, playgrounds, tennis courts, greens,
athletic fields, golf courses, picnic areas, day camps, walking trails, and similar uses.
Restaurant: A building or part thereof, designed or intended to be used or occupied for
the purpose of serving the general public with meals or refreshments for consumption on
the premises.
Roof, Flat: A roof with little or no slope.
Roof, Gable: A two-sided, sloping roof with a single ridge and gables at either end.
Roof, Gambrel: A two-sided, double sloping roof.
Roof, Hipped: A four-sided roof with four sloping sides.
Roof, Mansard: A two or four-sided, double sloped roof with a very steep lower slope
and a flat (or nearly flat) upper slope.
Screening: The method by which a view of one site from another adjacent site is
shielded, concealed or hidden, using, for example, trees and fences.
Service Station: Any land or building used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of
motor vehicles.
Shop: A building or part thereof used for retail trade wherein the primary purpose is the
L. Anse au Clair Development Regulations 2019 - 2029, page 12
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
primaiy pw-pose is the serving of meals or refreshments, an amusement use, a general
garage, or a service station.
Sign: 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.
(Refer to Provincial Regulation 4 (qJ, Appendix BJ
Street: 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 (see
drawing).
(Refer to Provincial Regulation 4 (t), Appendix
B)
---
street right of way---
Street Line: The edge of a street reservation as defined by the Authority having
jurisdiction.
(Refer to Provincial Regulation 4 (uJ, Appendix BJ
Street Right-of-Way: a strip of land between the street lines, acquired by reservation,
dedication or forced dedication, intended to be occupied or occupied by a public street,
road or highway.
Storey: The entire floor or level of a building having a continuous or nearly continuous
floor.
Subdivision: The dividing of any land, whether in single or joint ownership, into two or
more pieces for the purpose of development. A development agreement shall apply to
the subdivision of land into three or more pieces.
Subsidiary Apartment: A separate dwelling unit constructed within and subsidiary to
a self-contained dwelling.
Take-Out Food Service: A building in which the primary purpose is the preparation
and sale of meals or refreshments for consumption off the premises.
Use: A building or activity situated on a lot or a development permitted on a lot.
(Refer to Provincial Regulation 4 (v), Schedule BJ
L · Anse au Clair Development Regulations 2019 - 2029, page 13
Use Zone or Zone: 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.
(Refer to Provincial Regulation 4 (wJ, Schedule BJ
Variance: 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.
(Refer to Provincial Regulation 4 (xJ, Schedule BJ
Watercourse: Any lake, pond, river, stream or other body of water.
Wetland: The land usually or at any time occupied by water, where the water table is at
or just above the surface of the land either permanently or intermittently, depending on the
class of the wetland, which includes bogs, fens, marshes, swamps and shallow water zones
along shorelines.
Yard: an open uncovered space on a lot belonging to a building (except a court) and
unoccupied by buildings or structures except as specifically permitted in these Regulations.
Yard Depth, Rear: The distance between the rear
lot line and the rear wall of the main building on the
lot (see drawing).
(Refer to Provincial Regulation 4 (rJ, Schedule BJ
Yard Depth, Side: The distance between a side lot
line and the nearest side wall of a building on the lot.
(Refer to Provincial Regulation 4 (sJ, Schedule BJ
Yard Depth, Front: The distance between the front
lot line of a lot and the front wall of the main building
on the lot.
front yard
L----$1/eel -
Yard, Flanking: The side yard of a comer lot bounded by the street.
Yard, Abutting: The yard of an abutting lot which shares the lot line of the subject
property.
Zoning Map: The map or maps attached to and forming part of the Authority's
regulations.
(Refer to Provincial Regulation 4 (YJ, Schedule BJ
L · Anse au Clair Development Regulations 2019 - 2029, page 14
3. General Regulations
3.1 Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has been
issued by the Authority.
3.2 Decisions of Council
Decisions made by the Authority with respect to a permit shall be made in writing, and
state the reasons for refusal of, or conditions attached to the permit. Council shall also
advise the person to whom the decision applies of their right to appeal, in accordance with
Section 42 of the Act and the requirements of Regulation 3 .20 of these Regulations.
3.3 Permit to be Issued
Subject to Regulations 3.4 and 3.5, a permit shall be issued for development within the
Planning Area that conforms to:
(a) the general development standards set out in Section 4 of these Regulations, the
requirements of Section 6 of these Regulations, and the use classes, standards,
requirements, and conditions prescribed in Section 7 of these Regulations for the
use zone in which the proposed development is located;
(b) the standards set out in the National Building Code of Canada and/or other
ancillary codes, and any Building Regulations, Waste Disposal Regulations, and/or
any other municipal regulation in force in the Planning Area regulating or control-
ling development, conservation and use of land and buildings;
( c) the standards set out in Section 5 of these Regulations in the case of signage;
(d) the standards set out in Section 6 of these Regulations in the case of subdivision;
(e) the standards of design and appearance established by the Authority.
3.4 Permit Not to be Issued in Certain Cases
An Approval or Approval in Principle in principle shall not be issued for a proposed
development where, in the opinion of the Authority, it is premature by reason of the site
lacking adequate road access, power, drainage, sanitary facilities, or domestic water
supply, or being beyond the natural development of the area at the time of application,
unless the applicant contracts to pay the full cost of construction of the services deemed
necessary by the Authority and such cost shall attach to and upon the property in respect of
which it is imposed.
When a decision is made to refuse an application, the notice to the proponent should
include a notice of the right to appeal under Regulation 3.20.
3.5 Discretionary Powers of Authority
In considering an application for a permit or approval in principle to carry out
development, the Authority shall take into account the policies expressed in the Municipal
L "Anse au Clair Development Regulations 2019- 2029, page 15
Plan and any fw1her scheme, plan or regulations pursuant thereto, and shall assess the
general appearance of the development of the area, the amenity of the surroundings,
availability of utilities, public safety and convenience, and any other considerations which
are, in its opinion, material, and notwithstanding the conformity of the application with the
requirements of these Regulations, the Authority may, in its discretion, and as a result of its
consideration of the matters set out in this Regulation, conditionally approve or refuse the
application.
3.6 Application
(a) An application for a Development Permit or Approval in Principle shall be made
only by the owner or by a person authorized by the owner to the Authority on such
form as may be prescribed by the Authority,
(b) Every application shall include such plans, specifications and drawings as the
Authority may require, and be accompanied by the permit fee required by the
Authority.
( c) The Authority shall supply to every applicant a copy of the application forms
referred to in Regulation 3.6 (a) and a description of the plans, specifications and
drawings required to be provided with the application.
3. 7 Register of Application
The Authority shall keep a public register of all applications for development, and shall
enter therein the Authority's decision upon each application and the result of any appeal
from that decision.
3.8 Deferment of Application
(a) The Authority may, with the written agreement of the applicant, defer consideration
of an application.
(b) Applications properly submitted in accordance with these Regulations which have
not been determined by the Authority and on which a decision has not been com-
municated to the applicant within eight weeks of the receipt thereof by the
Authority, and on which consideration has not been deferred in accordance with
Regulation 3.8(a), shall be deemed to be refused.
(c) Any refusal notice to the proponent should include a notice of the right to appeal
under Regulation 3.20.
3.9
Approval in Principle
(a) An application for Approval in Principle shall include:
(i) A description of the proposed development,
(ii) A description of the limits of the land to be used, which may include a
survey description of the land,
(iii) Detailed plans for the development, and
(iv) Any additional information that may be required by Council.
(b) The Authority may grant Approval in Principle if it determines that the application
L'Anse au Clair Development Regulations 2019 - 2029, page 16
conforms to the Municipal Plan and these Regulations. The Approval in Principle
shall be issued in writing.
(c) An Approval in Principle shall be valid for two years.
( d) No development shall be carried out under an Approval in Principle.
( e) The Authority may revoke an Approval in Principle if it determines the applicant
has changed the proposed development in a way that significantly alters the original
intent of the application. Any revoke notice to the proponent should include a
notice of the right to appeal under Regulation 3.20.
3.10 Approval
Approval of an application is granted by the Authority in the form of a Development
Permit or Building Permit.
3.11 Development Permit
(a) A plan or drawing approved by the Authority and which bears a mark and/or
signature indicating such approval together with a permit shall be deemed to be
permission to develop land in accordance with these Regulations but such permis-
sion shall not relieve the applicant from:
(i) full responsibility for obtaining permits or approvals under any other
regulation or statute prior to commencing the development,
(ii) having the work carried out in accordance with these Regulations or any
other regulat_ions or statutes, and
(iii) compliance with all conditions attached to an approval or permit.
(b) The Authority may attach to a permit or to approval in principle such conditions as
it deems fit in order to ensure that the proposed development will be in accordance
with the purposes and intent of these Regulations.
(c) Where the Authority deems necessary, permits may be issued on a temporary basis
for a period not exceeding two years, which may be extended in writing by the
Authority for further periods not exceeding two years.
( d) A permit is valid for such period, not in excess of two years, as may be stated
therein, and if the development has not commenced, the permit may be renewed for
a further period not in excess of one year, but a permit shall not be renewed more
than once, except in the case of a permit for an advertisement, which may be
renewed in accordance with these Regulations.
( e) The approval of any application and plans or drawings or the issue of a permit shall
not prevent the Authority from thereafter requiring the correction of errors, or from
ordering the cessation, removal of, or remedial work on any development being
carried out in the event that the same is in violation of this or any other regulations
or statute.
(f) The Authority may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit was
issued in error or was issued on the basis of incorrect information. The proponent
L'Anse au Clair Development Regulations 2019- 2029, page 17
should be informed in writing of the right to appeal under Regulation 3.20.
(g) No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by the Authority.
(h) There shall be kept available on the premises where any work, matter or thing in
being done for which a permit has been issued, a copy of the permit and any plans,
drawings or specifications on which the issue of the permit was based during the
whole progress of the work, or the doing of the matter or thing until completion.
3.12 Revoke Permit
The Authority may revoke an approval and any subsequent permits for failure by the
applicant to comply with these Regulations or any condition attached to the permit or
where the permit was issued in error or was issued contrary to the applicable regulations or
was issued on the basis of incorrect information. The applicant should be informed in
writing of the right to appeal under Regulation 3 .20.
3.13 Public Notice
(a) The Authority shall provide public notice for a period of not less than:
(i)
7 days, when considering a variance in accordance with Regulation 3.27
of these Regulations,
(ii) 14 days, when considering a change in a non-conforming use in
accordance with Regulation 3.31; or development which is listed as a
Discretionary use in any use zone in Section 7 of these Regulations.
(b) The Authority may require public notice of any development application where, in
the opinion of the Authority, such notice is required for information and public
consultation purposes.
( c) Council shall require the cost of a public notice or portion thereof to be paid by the
applicant and that such notice shall be by public advertisement in a newspaper
circulating in the area or by any other means deemed necessary or appropriate by
the Authority.
3.14 Right of Entry
The Authority, or other person or persons authorized by the municipality, may enter upon
any public or private land and may within reason enter any development or building for the
purpose of making surveys or examinations or obtaining information relative to the
carrying out of any development, construction, alteration, repair, or any other works
whatsoever which the Authority is empowered to regulate.
3.15 Stop Work Order and Prosecution
(a) Where a person begins a development contrary or apparently contrary to these
Regulations, the Authority may order that person to stop the development.
(b) The Authority may further order a person to pull down, remove, stop construction,
fill in or destroy the building or development and restore the site to its original
state, pending final adjudication in any prosecution arising out of the development.
L·Anse au Clair Development Regulations 2019 - 2029, page 18
(c) A person who does not comply with an order made under Regulation 3.15(a) is
guilty of an offence under the provisions of the Act.
3.16 Service Levy
(a) The Authority may require a developer to pay a service levy where development is
made possible or where the density of potential development is increased, or where
the value of prope1ty is enhanced in accordance with Section 149 (2) of the
Municipalities Act, 1999.
(b) A service levy shall not exceed the cost, including finance charges to the Authority
of constructing or improving the public works referred to in Regulation 3.17 (a) that
are necessary for the real property to be developed in accordance with the standards
required by the Authority and for uses that are pe1mitted on that real property.
(c) A service levy shall be assessed on the real property based on:
i) the amount of real property benefited by the public works related to all the
real property so benefited; and,
ii) the density of development made capable or increased by the public work.
(d) The Authority may require a service levy to be paid by the owner of the real
property and may specify the time of payment.
3.17 Financial Guarantees by Developer
(a) The Authority may require a developer before commencing a development to make
such financial provisions and/or enter into such agreements as may be required to
guarantee the payment of service levies, ensure site reinstatement, and enforce the
carrying out of any other condition attached to a permit or licence.
(b) The financial provisions pursuant to Regulation 3. l 7(a) may be made in the form
of:
i) a cash deposit from the developer, to be held by the Authority, or
ii) a guarantee by a bank, or other institution acceptable to the Authority.
3.18 Dedication of Land for Public Use
The Authority may require the dedication of not more than 10% of the land area of any
subdivision or other development for public use, and such land shall be conveyed to the
Authority in accordance with the provisions of the Act.
3.19 Reinstatement of Land
The Authority may order the developer, the occupier of the site, the owner or any of them
to reinstate the site to the satisfaction of the Authority where:
(a) The use of land is discontinued,
(b) The intensity of the use is decreased,
(c) A Permit to Develop has been revoked, or
(d) A Temporary Permit to Develop has expired.
In the case of a discontinued non-conforming use, the right to resume the use shall not
L' Anse au Clair Development Regulations 2019 - 2029, page 19
exceed 6 months, unless otherwise provided by regulation under the Act (see Section l 08
(2) of the Act.
3.20 Notice of Right to Appeal
Where the Authority makes a decision that may be appealed under Section 42 of the Act,
the Authority shall, in writing, at the time of making that decision, notify the person to
whom the decision applies of the:
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
( d) manner of making an appeal and the address for the filing of the appeal.
(Refer to Provincial Regulation 5, Appendix BJ
3.21 Appeal Requirements
(a) The Secretary of the Appeal Board at the Department of Municipal and Provincial
Affairs, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld.,
A I B 416 is the secretary to all Appeal Boards in the Province and an appeal filed
with that secretary within the time period referred to in Subsection 42(4) of the Act
shall be considered to have been filed with the appropriate Appeal Board.
(b) The fee required under Section 44 of the Act shall be paid to the Appeal Board that
hears the decision being appealed by filing it with the secretary refe1Ted to in
Regulation 3.21 (a) within the 14 days referred to in Subsection 42(4) of the Act.
(c) The Appeal Board that hears the decision being appealed shall, subject to
Subsection 44(3) of the Act, retain the fee paid to the Appeal Board.
( d) Where an appeal of a decision and the required fee is not received by an Appeal
Board in accordance with this section and Pait VI of the Act, the right to appeal
that decision shall be considered to have been forfeited.
(Refer to Provincial Regulation 6, Appendix BJ
3.22 Appeal Registration
(a) Upon receipt of an appeal and fee as required under the Act and these regulations,
the Secretary of the Appeal Board as referred to in Regulation 3.2l(a), shall
immediately register the appeal.
(b) Where an appeal has been registered, the Secretary of the Appeal Board shall notify
the Authority of the appeal and shall provide to the Authority a copy of the appeal
and the documentation related to the appeal.
(c) Where the Authority has been notified of an appeal the Authority shall within one
week of notification forward to the Secretary 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.
( d)
Upon receipt of the information under Regulation 3 .22 ( c ), the Secretary of the
L · Anse au Clair Development Regulations 2019 - 2029, page 20
Appeal Board shall publish in a newspaper circulated in the area of the appropriate
Authority, a notice that the appeal has been registered.
(e) A notice published under Regulation 3.22 (d) shall be published not fewer than 2
weeks before the date upon which the appeal is to be heard by the board.
(Refer to Provincial Regulation 7, Appendix B)
3.23 Development Prohibited
( a) Immediately upon notice of the registration of an appeal, the Authority shall ensure
that any development upon the property that is the subject of the appeal ceases.
(b) Sections 102 and 104 of the Act apply to the Authority acting under Regulation
3.23 (a).
( c) Upon receipt of a notification of the registration of an appeal with respect to an
order under Section 102 of the Act, the Authority shall not carry out work related
to the matter being appealed.
(Refer to Provincial Regulation 8, Appendix BJ
3.24 Hearing Notice and Meetings
(a) An Appeal Board shall notify the appellant, applicant, Authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal not
fewer than 7 days before the date scheduled for the hearing of the appeal.
(b) An Appeal Board may meet as often as is necessary to conduct its work in an
expeditious manner.
(Refer to Provincial Regulation 9, Appendix B)
3.25 Hearing of Evidence
(a) An Appeal Board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under Regulation 3.24 (a) or their
representative may appear before the Appeal Board and make representations with
respect to the matter being appealed.
(b) An Appeal Board shall hear an appeal in accordance with Section 43 of the Act and
these Regulations.
(c) A written report submitted under Subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be considered to have been provided in the same
manner as evidence directly provided at the hearing of the Appeal Board.
(d) In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
(Refer to Provincial Regulation 10, Appendix B)
3.26 Board Decision
A decision of the Board must comply with the plan, scheme or development regulations
L'Anse au Clair Development Regulations 2019 - 2029, page 21
that apply to the matter that has been appealed to that Board.
(Refer to Provincial Regulation 11, Appendix BJ
3.27 Variances
(a) Where an approval or pennit cannot be given by the Authority because a proposed
development does not comply with development standards set out in development
regulations, the Authority may, in its discretion, vary the applicable development
standards to a maximum of 10% if, in the Authority's opinion, compliance with the
development standards would not prejudice the proper development of the land,
building or structure in question or would be contrary to public interest.
(b) The Authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
would have a cumulative effect that is greater than a 10% variance even though the
individual variances are separately no more than 1 0%.
(c) The Authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing
development.
(Refer to Provincial Regulation 12, Appendix BJ
3.28 Notice of Variance
Where the Authority is to consider a proposed variance, the Authority shall give written
notice of the proposed variance from development standards to all persons whose land is in
the immediate vicinity of the land that is the subject of the variance.
(Refer to Provincial Regulation 13, Appendix BJ
3.29 Residential Non-Conformity
A residential building or structure referred to in Subsection 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.
(Refer to Provincial Regulation 14, Appendix BJ
3.30Notice and Hearings on Change of Use
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 non-
conforming building, structure or development, an authority, at the applicant's expanse,
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 that building, structure or development
and shall consider any representations or submissions received in response to that
advertisement.
(Ref er to Provincial Regulation 15, Appendix BJ
L'Anse au Clair Development Regulations 2019 - 2029, page 22
3.31 Non-conformance with standards
Where a building, stmcture or development does not meet the development standards
included in development regulations, the building, stmcture 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.
(Refer to Provincial Regulation 16, Appendix B)
3.32 Discontinuance of non-conforming use
An authority may make development regulations providing for a greater period of time
than 6 months for resumption of a discontinued non-conforming use (see Subsection
108(2) of the Act).
(Refer to Provincial Regulation 17, Appendix B)
3.33 Delegation of powers
An authority shall, where designating employees to whom a power is to be delegated under
Subsection 109 (3) of the Act, make that designation in writing.
(Refer to Provincial Regulation 18, Appendix BJ
L · Anse au Clair Development Regulations 2019 - 2029, page 23
4. General Development Standards
4.1 Introduction
This section addresses development standards that have evolved over the years for a range
of reasons. For example, following is some of the rationale for setting minimum yard sizes
on residential lots.
(a)
Minimum Front Yards- to provide space for motorized vehicles (setback from dust
noise, space for driveway, parking), space for snow storage, tree planting, and to
improve overall street appearance.
(b)
Minimum Side Yards - to avoid houses being too close together, allow access to
back yards for fire protection, home maintenance and access to accessory buildings.
( c)
Minimum Rear Yards - to accommodate septic systems, to provide adequate space
for accessory buildings, a garden, fire protection and in some cases, access to pole
lines along rear lot lines.
The following general standards are complemented by those outlined in the Use Zone
Tables, Section 7 of these Regulations.
4.2
Accesses and Service Streets
(a) Access shall be located to the specification of the Authority so as to ensure the
greatest possible convenience and safety of the street system.
(b) No vehicular access shall be closer than IO metres to the street line of any street
intersection.
4.3
Accessory Buildings
(a) Accessory buildings shall be clearly incidental and complementary to the use of
the main buildings in character, use and size, and shall be contained on the same
lot.
(b) No accessory building or part thereof shall project in front of any building line.
(c) The sideyard requirements set out in the Use Zone Tables in these Regulations
shall apply to accessory buildings wherever they are located on the lot but
accessory buildings on two (2) adjoining properties may be built to property
boundaries provided they shall be of fire resistant construction and have a common
firewall.
4.4 Advertisements (Signs)
Advertisements (Signs) shall not be erected or displayed except in accordance with Section
5 of these Regulations.
L"Anse au Clair Development Regulations 2019 - 2029, page 24
4.5 Alterations to the Natural Environment
Significant alterations to the natural environment as part of a development (such as
changing the drainage pattern or removing vegetation) will be considered during the
evaluation of development proposals. Alterations which will adversely affect watercourses
or adjacent property as a result of changes to drainage or grading shall not be permitted.
4.6 Archaeological Assessment
Where archaeological resources are known to exist, or where they are likely to exist based
on location or historical evidence, applications for development will be forwarded to the
Provincial Archaeology Office, for review and consideration under the Historic Resources
Act. The Authority or the Department of Tourism, Culture, Alts and Recreation may
require an archaeological assessment. This assessment must be reviewed by the Provincial
Archaeology Office. The Authority may apply conditions for the protection and
preservation of any archaeological resource.
4. 7 Buffer Strips
Where development that, in the opinion of the Authority, will have a visual impact on an
abutting land use or the community, the Authority may require the owner of the site to
provide and maintain a separation buffer to screen the development.
4.8 Building Height
The Authority may permit the erection of buildings of a height greater than that specified
in the Use Zone Tables of these Regulations, but in such cases the building line setback
and rearyard requirements shall be varied as follows:
(a) The building line setback shall be increased by 2 metres for every l metre increase
in height.
(b) The rearyard shall not be less than the minimum building line setback calculated as
described in (a) above plus 6 metres.
Where an increase of more than 20% in the permitted height is proposed, it shall only be
authorized under the provisions of Regulations 3.27 and 3.28. Height requirements may be
waived in the case of communications towers, antennae and flagpoles.
4.9 Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed street
or service street and may require any new buildings to be located on those building lines,
whether or not such building lines conform to the standards set out in the Use Zone Tables
in these Regulations.
4.10 Family and Group Care Centres
Family and group care centre use is permitted in any dwelling or apartment that is adequate
in size to accommodate the number of persons living in the group, inclusive of staff,
provided that in the opinion of the Authority, the use of the dwelling does not materially
differ from, nor adversely affect, the amenities of the adjacent residences, or the
L · Anse au Clair Development Regulations 2019 - 2029, page 25
neighbourhood in which it is located. The Authority may require special access and safety
features to be provided for the occupants before occupancy is permitted.
4.11 Lot Area
(a) No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall have
a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage or lot area
that is less than that permitted by these Regulations for the zone in which such lot is
located.
(b) Where any part of a lot is required by these Regulations to be reserved as a yard, it
shall continue to be so used regardless of any change in the ownership of the lot or
any part thereof, and shall not be deemed to form part of an adjacent lot for the
purpose of computing the area thereof available for building purposes.
4.12 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 Authority for the erection
of a dwelling thereon, provided that the lot coverage and height are not greater than, and
the yards and floor area are not less than the standards set out in these Regulations.
4.13 Lot Frontage
Except for accessory buildings, no new buildings shall be erected unless the lot on which it
is situated fronts directly onto a street that has been constructed to standards established by
the Authority.
4.14Mineral Exploration
Mineral exploration activities shall meet the following conditions:
(a) The planned activities shall not cause undue noise, significant ground disturbance
or risks to the safety of residents of L'Anse au Clair.
(b) All permits and approvals from federal and provincial agencies have been obtained.
4.lSMunicipal Public Works, Utilities and Telecommunications
The Authority within any zone, permits land to be used in the provision of public services,
utilities and telecommunications.
4.16 Non-Conforming Use
(a) Applications involving non-conforming uses shall be processed in accordance with
Section I 08 of the Act and Regulations 3.31 and 3.32 of these Regulations.
(b) Notwithstanding the municipal plan, scheme or regulations made under the Act, the
Authority shall 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 registration of the plan,
L "Anse au Clair Development Regulations 2019 - 2029, page 26
scheme or regulations under Section 24 of the Act.
(c) Notwithstanding Regulation 4.16 (b), a right to resume a discontinued non-
conforming use of land shall not exceed 3 years after the discontinuance of that use.
( d) A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under Regulation 4.16
(b) shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Authority. The building, structure or development shall:
i) not be structurally modified except as required for the safety of the building,
structure or development, and
ii) not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, structure or
development has been destroyed.
(e) A building in non-conformance may be extended by approval of the Authority
where, in the Authority's opinion, the extension is not more than 50% of the
existing building, provided the expansion would not increase the non-conformity
and complies with all applicable development standards.
(f) When making a decision to vary an existing use of a non-conforming building,
structure or development, the Authority, at the applicant' s expense, shall publish a
notice in a newspaper circulating in the area or by other means give public notice of
an application to vary the existing use of a non-conforming building, structure or
development and shall consider any representations or submissions received in
response to that advertisement.
(Refer to Provincial Regulations 14 - 17, Appendix BJ
4.170ffensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous
fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or
create any nuisance that has an unpleasant effect on the senses unless its use is authorized
by the Authority and any other Authority having jurisdiction.
4.18 Off-Street Parking and Loading
(a) For every building, structure or use to be erected, enlarged or established, there
shall be provided and maintained a quantity of off-street parking spaces sufficient
to ensure that the flow of traffic on adjacent streets is not impeded by the on-street
parking of vehicles associated with that building, structure or use.
(b) For every building, structure or use to be erected, enlarged or established requiring
the shipping, loading or unloading of animals, goods, wares or merchandise, there
shall be provided and maintained for the premises loading facilities that is not part
of a street comprised of one or more loading spaces, 15 m long, 4 m wide, and
having a vertical clearance of at least 4 m with direct access to a street or with
access by a driveway of a minimum width of 6 m to a street.
L·Anse au Clair Development Regulations 2019 - 2029, page 27
(c) The number of parking and loading spaces to be provided shall be determined by
the Authority.
4.19 Parks, Playgrounds and Conservation Uses
Nothing in these Regulations shall prevent the zoning of land for conservation or recreation
open space as permitted or discretionary uses.
4.20 Service Stations
The following requirements shall apply to all proposed service stations:
(a) All gasoline pumps shall be located on pump islands designed for such purpose,
and to which automobiles may gain access from either side.
(b) Pump islands shall be set back at least 4 metres from the front lot line.
(c) Accesses shall not be less than 7 metres wide and shall be clearly marked, and
where a service station is located on a comer 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.
4.21 Side Yards
Side yards shall be kept clear of obstruction and shall be provided on the exposed sides of
every building in order to provide access for the maintenance of that building.
4.22 Slopes Greater than 15%
Before approving development of a site with greater than 15% slope, the Authority will
require a review of the proposal by a certified engineer or similar professional. The review
shall evaluate the adequacy of site grading, drainage and landscaping in relation to storm
drainage, erosion, flooding and any other matter that the Authority deems necessary.
4.23 Watercourse Protection
(a) All proposed development within 15 metres of the high water mark of any body of
water, watercourse or wetland shall be subject to the review and approval of the
Department of Environment and Climate Change. The Authority may require
larger buffer areas around watercourses where steep slopes or unstable soil
conditions (for example) could result in damage to watercourses and natural habitat
as a result of development. For the purpose of assessing applications in areas
known to be at risk of flooding, the high water mark is considered to be the 1: 100
year flood level.
(b) The Authority shall require that water crossings, bridges, culverts, stream
diversions and stormwater management devices are planned, designed and
constructed to ensure that fish habitat and passage is preserved and where possible,
enhanced.
4.24 Public Access to Shorelines
Proposed development adjacent to the coastline shall be required to preserve any public
access or right of ways to the shoreline.
L'Anse au Clair Development Regulations 2019 - 2029, page 28
4.25Protection of Community Trails and Footpaths
Development shall not be permitted that would block or prevent the use of traditional
footpaths or trails, whether on private or public property. New development may be
required to provide a separation buffer between a proposed development and an existing
trail, pathway or public right-of-way.
4.26 Occupancy Permit
All dwellings must have properly finished exteriors and an occupancy permit issued by the
Authority before the dwelling is inhabited.
4.27 Archaeological Resources
If artifacts or sites of archaeological value are discovered, the Provincial Archaeology
Office, Department of Tourism, Culture, Arts and Recreation is to be contacted.
4.28 Work in a Body of Water
Any proposed work in any body of water (including wetland) must obtain a permit under
the Water Resources Act 2002, Section 48, prior to the start of construction, see:
http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm.
The Regional Crown Lands office should be consulted to determine if any work proposed
near waterbodies, streams, lakes, ponds and coastal areas is within a Crown Lands
reservation.
The Water Resources Management Division, Department of Environment and Climate
Change does not recommend approval for development that requires the infilling of water
bodies or diversion of streams. Approval is also not recommended for residential
development of unserviced land or within wetland areas.
L" Anse au Clair Development Regulations 2019 -2029, page 29
5. Signage
5.1 Permit Required
Subject to Regulation 5.6, no sign shall be erected or displayed in the Planning Area unless
a permit is first obtained from the Authority.
5.2 Form of Application
Application for a permit to erect or display a sign shall be made to the Authority in
accordance with Regulations 3.1 and 3.6.
5.3. Signs Prohibited in Street Reservation
No signs shall be pe1mitted to be erected or displayed within, on or over any highway or
street reservation.
5.4 Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement
shall be for a limited period, not exceeding two years, but may be renewed at the discretion
of the Authority for similar periods.
5.5 Removal of Signs
Notwithstanding the provisions of these Regulations, the Authority may require the
removal of any advertisement which, in its opinion, is:
a) hazardous to road traffic by reason of its siting, colour, illumination, or structural
condition, or
b) detrimental to the amenities of the surrounding area.
5.6 Signs Exempt from Control
The following signs may be erected or displayed in the Planning Area without application
to the Authority:
(a) on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
0.2 m2 in area;
(b) on an agricultural holding or fann, a notice board not exceeding 1 m2 in area and
relating to the operations being conducted on the land;
( c) on land used for forestiy purposes, signs or notices not exceeding 1 m2 in area and
relating to forestry operations or the location of logging operations conducted on
the land;
(d) on land used for mining or quarrying operations, a notice board not exceeding 1 m
2
in area relating to the operation conducted on the land;
(e) on a dwelling or the grounds of a dwelling, one nameplate not exceeding 0.2 m2 in
area in connection with the practice of a professional person carried on in the
premises;
L"Anse au Clair Development Regulations 2019- 2029, page 30
(f) on any site occupied by a church, school, library, art gallery, museum, institution or
cemetery, one notice board not exceeding l m2 in area;
(g) on the principal facade of any commercial, industrial or public building, the name
of the building or the name of the occupants of the building, in letters not exceeding
one-tenth of the height of that facade or 3 m, whichever is the lesser;
(h) on any parking lot directional signs and one sign not exceeding 1 m2 in size,
identifying the parking lot.
5.7 Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply
with the appropriate conditions and specifications set out in the Use Zone Tables in Section
7 of these Regulations.
5.8 Non-Conforming Uses
Notwithstanding the provisions of Regulation 5.6, a permit may be used for the erection or
display of signs on a building or within the courtyard of a building or on a parcel of land,
the use of which is a non conforming use, provided that the sign does not exceed the size
and type which could be permitted if the development was in a Use Zone appropriate to its
use, and subject to any other conditions deemed appropriate by the Authority.
L'Anse au Clair Development Regulations 2019-2029, page 3 1
6. Subdivision of Land
6.1 Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of
the subdivision is first obtained from the Authority.
6.2 Development Agreement
As a condition of approval for a new subdivision (i.e., creating three or more parcels of
land), the Authority shall require a developer to enter into an agreement with the
Municipality. Such an agreement will be negotiated between the developer and the
Municipality for financing and development of services provided to the site. The
agreement shall include specifications for water and sewer infrastructure, storm drainage,
streets and recreational open space.
6.3 Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Authority have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed stonn
drainage system.
6.4 Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Authority for connection to services,
utilities and streets deemed necessa1y for the proper development of the subdivision, and
all service levies and other charges imposed under Regulations 3 .16 and 3 .17.
6.5 Issue of Permit Subject to Considerations
A pe1mit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Authority shall,
without limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
( d)
the land use, physical form and character of adjacent developments;
(e)
the transportation network and traffic densities affecting the site;
(f)
the relationship of the project to existing or potential sources of nuisance;
(g)
soil and subsoil characteristics;
(h)
the topography of the site and its drainage;
L · Anse au Clair Development Regulations 2019 - 2029, page 32
(i)
natural features such as lakes, streams, topsoil, trees and shrubs;
(j)
prevailing winds;
(k)
visual quality;
(I)
community facilities;
(m) energy conservation; and
(n)
such other matters as may affect the proposed development.
6.6 Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building permit
shall be obtained for each building proposed to be erected in the subdivision, and no
building permit for any building shall be issued until the developer has complied with all
the provisions of 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 the Authority in
accordance with Regulation 3.6.
6.8 Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Land Use Zoning Maps.
6.9 Building Lines
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines.
6.10 Land for Public Open Space
(a) Before a development commences, the developer shall, ifrequired, dedicate to the
Authority, at a cost to the Authority of $1.00, an area of land equivalent to not more
than l 0% of the gross area of the subdivision for parkland or other public uses:
i) where land is subdivided for any purpose other than residential use, the
Authority shall determine the percentage of land to be dedicated,
ii) if, in the opinion of the Authority, no public open space is required, the land
may be used for such other public use as the Authority may detennine,
iii)the location and suitability of any land dedicated under the provisions of this
Regulation shall be subject to the approval of the Authority but in any case, the
Authority shall not accept land which, in its opinion is incapable of
development for any purpose,
iv)the Authority may accept from the developer in lieu of such area or areas of
land the payment of a sum of money equal to the value of the land which
would otherwise be required to be dedicated, and
v) money received by the Authority in accordance with Regulation 6.10 (a)(iv)
L"Anse au Clair Development Regulations 2019 - 2029, page 33
above, shall be reserved by the Authority for the purpose of the acquisition or
development of land for public open space or other public purpose.
(b) Land dedicated for public use in accordance with this Regulation shall be conveyed
to the Authority and may be sold or leased by the Authority for the purposes of any
development that conforms with the requirements of these Regulations, and the
proceeds of any sale or other disposition of land shall be applied against the cost of
acquisition or development of any other land for the purposes of public open space
or other public purposes.
( c) The Authority may require a strip of land to be reserved and remain undeveloped
along the banks of any river, brook or pond, and this land may, at the discretion of
the Authority, constitute the requirement of land for public use under Regulation
6.l0(a).
6.11 Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the
prior approval of the Authority which shall be satisfied on the question of safe construction
and relationship to the adjoining buildings and other structures within the street
reservation.
6.12 Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations
unless the design of the subdivision confo1ms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Eve1y cul de sac shall be provided with a turning circle of a diameter of not less
than 30 m.
( c)
The maximum length of any cul de sac shall be:
i) 200m in areas served by or planned to be served by municipal piped water
and sewer services, as shown in the map and letter of agreement signed by
the Municipality and the Minister of Municipal and Provincial Affairs in
connection with municipal five-year capital works program eligibility.
ii) 300m in areas not served by or planned to be served by municipal piped
water and sewer services.
( d)
Emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall
connect the head of the cul de sac with an adjacent street.
(e)
No cul de sac shall be located so as to appear to terminate a collector street.
(f)
New subdivisions shall have street connections with an existing street or streets.
(g)
All street intersections shall be constructed within 10 degrees of a right angle and
this alignment shall be maintained for 30 m from the intersection.
L"Anse au Clair Development Regulations 2019 - 2029, page 34
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(i)
No more than four streets shall join at any street intersection.
(j)
No residential street block shall be longer than 490 m between street intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with the
approved standards of the Authority, but in the absence of such standards, shall
conform to the following minimum standards:
Type of Street
Right-of-Way
Street Width
Collector
20 metres
9 metres
Local
15 metres
7 metres
(l)
Residential lots shall not be permitted which abut a local street at both front and
rear lot lines.
(m) The Authority may require any existing natural, historical or architectural feature
or part thereof to be retained when a subdivision is developed.
(n)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
6.13 Engineer to Design Works and Certify Construction Layout
(a) Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters and catch
basins and all other utilities deemed necessary by the Authority to service the area
proposed to be developed or subdivided shall be designed and prepared by or
approved by a certified Engineer. Such designs and specifications shall, upon
approval by the Authority, be incorporated in the plan of subdivision.
(b) Upon approval by the Authority of the proposed subdivision, the Engineer shall
certify all work of construction layout preliminary to the construction of the works
and thereupon the developer shall proceed to the construction and installation, at his
own cost and in accordance with the approved designs and specifications and the
construction layout certified by the Engineer, of all such water mains, hydrants,
sanitary sewers and all appurtenances and of all such streets and other works
deemed necessary by the Authority to service the said area.
6.14 Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of materials and
· 1abour for the construction and installation of all works calculated in accordance with the
L "Anse au Clair Development Regulations 2019 - 2029, page 35
Schedule of Fees recommended by the Association of Professional Engineers of
Newfoundland and Labrador, in effect at the time the work is carried out.
6.15 Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and
paving specified by the Authority as being necessary, may, at the Authority's discretion, be
deferred until a later stage of the work on the development of the subdivision but the
developer shall deposit with the Authority before approval of his application, an amount
estimated by the Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. Any amount so deposited with the Authority by the developer
shall be placed in a separate savings account in a bank and all interest earned thereon shall
be credited to the developer.
6.16 Transfer of Streets and Utilities to Authority
(a) The developer shall, following the approval of the subdivision of land and upon
request of the Authority, transfer to the Authority, at no cost to the Authority, and
clear of all liens and encumbrances:
i) all lands in the area proposed to be developed or subdivided which are
approved and designated by the Authority for public uses as streets, or other
rights-of-way, or for other public use;
ii) all services or public works including streets, water supply and distribution
and sanitary an storm drainage systems installed in the subdivision that are
normally owned and operated by the Authority.
(b) Before the Authority shall accept the transfer of lands, services or public works of
any subdivision, the Engineer shall, at the cost to the developer, test the streets,
services and public works installed in the subdivision and certify his satisfaction
with their installation.
(c) The Authority shall not provide maintenance for any street, service or public work
in any subdivision until such time as such street, service or public work has been
transferred to and accepted by the Authority.
6.17 Restriction on Sale of Lots
The developer shall not develop or dispose of any lot with.in a subdivision for the purposes
of development and no building permit shall be issued until the Authority is satisfied that:
(a) the lot can be served with satisfactory water supply and sewage disposal systems,
and
(b) satisfactory access to a street is provided for the lots.
L"Anse au Clair Development Regulations 2019- 2029, page 36
7. Use Zones
7.1
Use Zones
( d)
For the purpose of these Regulations, the Planning Area is divided into Use Zones
which are shown on the L'Anse au Clair Land Use Zoning Maps land 2, (to be
attached to) and forming part of these Regulations. They are as follows:
Use Zone
Code
Mixed
M
Residential
RES
Public
PUB
Conservation
CON
Industrial/Commercial
vc
Watershed
WAT
Rural
RUR
(e)
The permitted use classes, discretionary use classes, standards, requirements and
conditions applicable to each Use Zone are set out in the Use Zone Tables to
follow.
(c)
Where standards, requirements and conditions applicable in a Use Zone are not
set out in the Use Zone Tables, the Authority may in its discretion, determine the
standards, requirements and conditions which shall apply.
( d)
A table listing classes of uses and examples of specific uses is included as
Appendix C.
7.2 Interpretation of Use Zones
Where possible, the use zone boundaries follow identifiable features such as streets,
watercourses and coastline. Where there is any uncertainty, the Authority may interpret
the exact location of the zoning boundary in a manner that is consistent with the intent and
policies of the Municipal Plan without amendment to the Land Use Zoning Maps.
7.3 Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in
the following Use Zone Tables shall be permitted by the Authority in that Use Zone.
7.4 Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out
in the following Use Zone Tables may be permitted in that Use Zone if the Authority is
satisfied that the development would not be contrary to the general intent and purpose of
these Regulations, the Municipal Plan, or any further scheme or plan or regulation pursuant
L "Anse au Clair Development Regulations 2019 - 2029, page 37
thereto, and to the public interest, and if the Authority has given notice of the application in
accordance with Regulation 3. 13 and has considered any objections or representations
which may have been received on the matter.
7.5 Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out
in the following Use Zone Tables shall not be permitted in that Use Zone.
L "Anse au Clair Development Regulations 2019- 2029, page 38
Permitted Uses:
Bed & breakfast
Conservation
Double dwelling
Recreational open space
Single dwelling
Discretionary Uses:
Agriculture
Amusement
Antenna
Apartment building
Boarding house residential
Catering
Child care
Club and lodge
Commercial residential
Communications
Convenience store
Cultural and civic
Funeral home
General assembly
General service
Home business
Mixed (M)
Indoor assembly
Indoor market
Light industry
Medical & professional
Mobile home
Office
Outdoor market
Personal service
Place of worship
Police station
Service station
Shop
Take-out food service
Theatre
Conditions
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority provided that they are compatible or complementary to uses
within the permitted use classes or that their development will not inhibit or
prejudice the existence or the development of such uses.
L'Anse au Clair Development Regulations 2019- 2029, page 39
2. Development Standards
With the exception of residential development, the development standards for this
zone shall be as follows:
(a) Minimum Building Line Setback
(b) Minimum Sideyard Width
( c) Minimum Rearyard Depth
(d) Maximum Height
6 metres
2 metres
10 metres
15 metres
All standards, conditions or other requirements of the Residential (RES) zone shall
apply with regard to residential development in the Mixed (M) zone.
3. Signs
See Section 5 of these Regulations
4. Accessory Buildings
(a) The total of all accessory buildings associated with a residential use shall
have a lot coverage no greater than 7%, up to a maximum of 30m2 and no
accessory building shall have a height of more than 4 metres. In addition,
accessory buildings shall be situated on the lot to permit a minimum
separation of 2 metres from all 4 walls to the lot line or main building.
(b) No accessory building shall project in front of any building line.
5. Protection of Residential Use
Adverse effects of any proposed development on an adjacent existing residential
use shall be prevented or minimized through proper site planning and the
provision of buffering by the developer to the satisfaction of the Authority.
6. Protection of Water Sources and Environment
All development applications within 15 metres of any watercourse shall be subject
to the review and approval of the Department of Environment and Climate
Change.
7. Service Station
See General Development Standards, Regulation 4.20.
8. Double and Apartment Housing
Double or Apartment dwellings may be permitted to satisfy the needs of, e.g.,
families, seniors or other special needs groups, provided Council is satisfied that
siting and servicing requirements have been met.
L'Anse au Clair Development Regulations 2019- 2029, page 40
9. Home Business
At the discretion of the Authority, a Home Business accessory use may be
permitted, provided it meets the following requirements:
(a) The primary use of the property remains residential (not more than 25% of
the floor area is used for the home business), and the scope and intensity
of the business is compatible with the residential use of the property and
neighbourhood.
(b) The business within the dwelling must be operated by a person residing in
the dwelling. The property owner must authorize an application in writing
for a home business by the resident operator if he/sfi.e is not the owner of
the prope1ty.
( d) Sufficient off-street parking must be provided. If there will be customer
visits, adequate parking should be provided to ensure no parking on the
street from the home business.
(e) The home business will not cause noticeable noise, odor, dust, or fumes, or
in any way result in a nuisance to the occupants of surrounding properties.
L'Anse au Clair Development Regulations 2019 - 2029, page 4 1
Residential (RES)
Permitted Uses:
Conservation
Double dwelling
Recreational open space
Single dwelling
Discretionary Use Classes:
Antenna
Apartment building (including family & group home)
Bed and breakfast
Boarding house residential
Child care
Convenience store
Home business
Medical treatment & special care (home for the aged)
Mobile home
Personal service
Subsidiary apartment
Standards - (Where Permitted)
Dwelling
Min Lot Area
Min Floor
Min
Min Bldg
Min
Type
-m2
Area - m2
Frontage
Line
Sideyard
-m
Setback- m
Width-m
Single
800
80
25
6
2
Dwelling
Double
550*
80*
35
6
2
Dwelling
Apt Bldg
200·
40*
36
8
2
1 Bed Apt
2 Bed Apt
250*
50*
36
8
2
*per dwelling unit
1 m = 3.28 sq. ft.; 1 sq. m. = 10.76 sq. ft.
Min
Max Lot
Max
Rearyard
Coverag
Height
Depth -m
e- %
-m
6
50
8
6
50
8
14
33
10
14
33
10
L'Anse au Clair Development Regulations 2019 - 2029, page 42
Conditions
1.
Discretionary Use Classes
The discretionary use classes listed in the above table may be permitted (at the discretion of
the Authority) provided they are compatible or complementary to uses within the permitted
use classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
Unless otherwise specified in the Use Zone Table or in these conditions, discretionary use
classes involving buildings shall conform to the frontage, building line setback, sideyard,
rearyard, lot coverage and height requirements specified for a single dwelling.
2. Accessory Buildings
(a) The total of all accessory buildings associated with a residential use shall have a lot
coverage no greater than 7%, up to a maximum of 30m2 and no accessory building
shall have a height of more than 4 metres. In addition, accessory buildings shall be
situated on the lot to permit a minimum separation of 2 metres from all 4 walls to
the lot line or main building.
(b) No accessory building shall project in front of any building line.
3. Non-Residential Uses
(a) Non-residential uses such as convenience store, child-care or personal service uses
shall form part of, or be attached to a dwelling unit, be subsidiary to the residential
character of the area, and not negatively affect residential amenities of adjoining
properties.
(b) Not more than twenty-five (25) percent of the total floor area of the dwelling up a
maximum of forty-five square metres shall be devoted to the use.
4. Subdivision Development
(a) Refer to Section 6 of these Regulations.
(b) In addition to the requirements of Section 6 of these Regulations, the Authority may
require that:
street layout and placement of building lots conform to natural features and
topography as much as possible,
-
waterbodies and watercourses be altered as little as possible and integrated
with open space and park areas, and
-
original trees and plant growth be left on building lots and open space areas.
L · Anse au Clair Development Regulations 2019- 2029, page 43
5. Mobile Home
See definition of a mobile home in Section 2. With the exception of the following standards,
all .other development standards for residential development shall apply to mobile home
development:
a) Minimum Floor area
b) Minimum Rearyard depth
6. Lot Area
The requirements of the Department of Digital Government and Service NL are that the
minimum area of land required p_er dwelling unit, subject to the water and sewer services
available, are as follows:
Available Services
Required
Lot Area
With a municipal water supply and connection to
800m2
a municipal sewer or to a private sewer
discharging directly to the sea
With a municipal piped water supply and sewage
1400 m2
disposal by septic tank and tile field.
7. Signs
Please refer to Section 5 of these Regulations.
8. Double and Apartment Housing
Double or Apartment dwellings may be permitted to satisfy the needs of, e.g., families,
seniors or other special needs groups, provided the Authority is satisfied that siting and
servicing requirements have been met.
9. Home Business
At the discretion of the Authority, a Home Business accessory use may be permitted, provided
it meets the following requirements:
(a) The primary use of the property remains residential (not more than 25% of the floor
area is used for the home business), and the scope and intensity of the business is
compatible with the residential use of the property and neighbourhood.
L'Anse au Clair Development Regulations 2019-2029, page 44
(b) The business within the dwelling must be operated by a person residing in the
dwelling. The property owner must authorize an application in writing for a home
business by the resident operator if be/she is not the owner of the property.
(c) Not more than twenty-five percent (25%) of the floor area of the dwelling unit is to
be used for the home business to a maximum of 55 square metres.
(d) Sufficient off-street parking must be provided. If there will be customer visits,
adequate parking should be provided to ensure no parking on the street from the
home business.
(e) The home business will not cause noticeable noise, odor, dust, or fumes, or
in any way result in a nuisance to the occupants of surrounding properties.
L ·Anse au Clair Development Regulations 2019 - 2029, page 45
Permitted Uses
Conservation
Cultural & civic
General assembly
Office
Indoor & outdoor assembly
Place of worship
Recreational open space
Discretionary Uses
Antenna
Child care
Public (PUB)
Facilities of community service organizations
Housing for senior citizens
Conditions
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority provided that they are compatible or complementary to uses
within the permitted use classes or that their development will not inhibit or
prejudice the existence or the development of such uses.
2. Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
(b) Minimum Sideyard Width
(c) Minimum Rearyard Depth
( d) Maximum Height
6 metres
2 metres
6 metres
10 metres
L'Anse au Clair Development Regulations 2019 - 2029, page 46
3. Protection of Water Sources and Environment
All development applications within 15 metres of any watercourse shall be subject
to the review and approval of the Department of Environment and Climate
Change.
L'Anse au Clair Development Regulations 2019 - 2029, page 47
Conservation (CON)
Permitted Uses
Conservation
Discretionary Uses
Agriculture
Antenna
Recreational Open Space (see Condition #3)
-
Conditions
1.
Conservation
The primary intent of this zone is to conserve the land in its natural form and to
reserve it for public access and enjoyment.
2. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority provided that they are compatible or complementary to uses
within the permitted use classes or that their development will not inhibit or
prejudice the existence or the development of such uses.
3. Recreational Open Space
A hiking trail is an example of a passive recreational use that may be permitted,
with the preservation of natural heritage as a priority.
L'Anse au Clair Development Regulations 2019- 2029, page 48
Industrial/Commercial/ (1/C)
Permitted Uses
Dam Road:
Antenna
Conservation
Indoor assembly
Light industry (see condition #2)
General commercial (e.g., outdoor market)
Waterfront:
Antenna
General industry (traditional fisheries and marine-related uses, including fish
processing, storage and marine repair)
Transportation (see condition #9)
Discretionary Uses
Dam Road:
Agriculture
General industry (see condition #2 & 5)
Mineral working (quarry) (see condition #6)
Outdoor assembly
Recreational open space
Waterfront:
Catering
Recreational open space
Utilities
Conditions
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority provided that they are compatible or complementary to uses
L'Anse au Clair Development Regulations 2019 - 2029, page 49
within the permitted use classes or that their development will not inhibit or
prejudice the existence or the development of such uses.
2. Non-Serviced Area
Uses permitted by the Authority in this area will not require water and sewer
services.
3. Development Standards
The develop1;1ent standards for this zone shall be as follows:
a)
Min. Building Line Setback
b) Min. Sideyard Width
c)
Min. Rearyard Depth
d)
Max. Height
4. Signs
See Section 5 of these Regulations.
Dam Road
6m.
2m.
6m.
10m.
5. Compatibility with Surrounding Uses
Waterfront
10 m.
5 m.
10 m.
NIA
Adverse effects of any proposed development on an adjacent existing residential
use shall be prevented or minimized through proper site planning. Unsightly
operations, e.g., general industry and mineral working uses, must be screened
from public view.
6. Quarrying - Dam Road
Quarry uses may be permitted, subject to the requirements of the Quany
Materials Act, which will include site rehabilitation.
7. Protection of Water Sources and Environment
All development applications within 15 metres of any watercourse shall
be subject to the review and approval of the Department of Environment
and Climate Change.
Any effluent or runoff from a development site will be required to conform to the
requirements of the Environmental Control Water and Sewage Regulations, 2003,
see: http://assembly.nl.ca/Legislation/sr/regulations/rc030065.htm.
8. Property Appearance - Waterfront
Well-maintained properties will continue to be a priority of the Authority in the
harbour area, as a focal point for residents and tourists alike.
L'Anse au Clair Development Regulations 2019 - 2029, page 50
9. Transportation - Waterfront
Transportation uses shall be restricted to docks, wharves, slipways and other
such marine-related structures. Any proponent wishing to undertake such works
must follow the guidelines for the Construction and Maintenance of Wharves,
breakwaters, Slipways and Boathouses, as found on:
http://www.env.gov.nl.ca/env/wate1Tes/regulations/appforms/index.html.
A permit under Section 48, Water Resources Act, is required from the Water
Resources Management Division, Department of Environment and Climate
Change, for any infilling or dredging work associated with any marine structures
or other works in a body of water.
Maintaining public access to the harbour will be a priority.
L'Anse au Clair Development Regulations 2019- 2029, page 5 1
Watershed (WAT)
Permitted Uses
Conservation
Discretionary Uses
Antenna
Recreational open space (e.g., hiking, canoeing)
Utilities
Conditions
1. Prohibited Uses
No permanent buildings or structures shall be permitted within this use zone
except those necessary for the operation and maintenance of the municipal water
supply.
2. Meeting Provincial Requirements
Prior to the start of any construction within the Park Pond Protected Water
Supply, a permit is required under Section 39, Water Resources Act, 2003, see:
http://assembly.nl.ca/Legislation/sr/statutes/w04-01 .htm. In addition, any work
must comply with the provincial Policy for Land and Water-Related
Developments in Protected Water Supply Areas, see:
http://www.env.gov.nl.ca/env/waterres/regulations/policies/water_related.html.
3. Recreation
Only passive recreational activities such as hiking and canoeing may be permitted
in the municipal watershed area.
L'Anse au Clair Development Regulations 2019 - 2029, page 52
Rural (RUR)
Permitted Uses
Agriculture & traditional harvesting (see Condition #7)
Conservation
Forestry
Discretionary Uses
Antenna
Cemetery
Communications
Geperal industry (see Condition# 10)
Mineral exploration (see Condition #8)
Mineral workings (see Condition #2)
Outdoor assembly
Recreational open space (see Condition #4)
Solid waste disposal (see Condition #5)
Subsidiary buildings (see Condition #1 I )
Transportation
Utility (see Condition #6)
Conditions
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority provided they are compatible or complementary to uses within
the permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
L'Anse au Clair Development Regulations 201 9 - 2029, page 53
2. Mineral Workings
2.1 Applications
All applications for any mineral working or related development or for any
development within the recommended buffer shall be subject to the review and
approval of the Departments oflndustry, Energy and Technology and
Environment and Climate Change.
2.2 Separation from Adjacent Uses
Unless the Authority is satisfied that the working will not create a nuisance and
will not adversely affect the amenity of the specified development or natural
feature, no mineral working shall be located closer than the minimum distances
set out below to the specified development or natural feature.
Minimum Distance of Pit or Quarry Working
Existing or Proposed Residential Development
300 metres
(Borrow Pits)
Bedrock Quarries, or where blastina mav take olace
1000 metres
Waterbody or Watercourse
50 metres
2.3 Screening
A mineral working shall be screened in the following manner where it is visible
from a public street or highway, developed area, or area likely to be developed
during the life of the working:
(a) Where no tree screens exist of sufficient width and density to constitute a
visual screen, earthen berms shall be constructed to a height sufficient to
prevent visibility from any part of the mineral working operation from
adjacent uses (excepting forestry and agriculture) or adjacent public
highways and streets. The berms shall be landscaped to the Authority's
satisfaction.
(b) Where natural topography creates a visual screen between mineral
workings and adjacent land uses, additional screening may not be required.
(c) Where effective screening for any mineral working or associated
processing or manufacturing use cannot be installed or located as required
L'Anse au Clair Development Regulations 2019 -2029, page 54
above, the Authority may refuse to permit the mineral working or
associated activity.
2.4 Fencing
The Authority may require the mineral working site or excavated area of a pit or
quarry working to be enclosed by a fence designed and constructed to its
specifications and no less than 1.8 metres in height.
2.5 Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any waterbed or watercourse. Any access road to a
pit and quarry working which crosses a brook or stream shall be bridged or
culverted at the crossing in accordance with the Regulations of the Department of
Environment and Climate Change.
2.6 Water Ponding
No mineral working shall result in the excavation of areas below the level of the
water table nor in any way cause the accumulation or ponding of water in any part
of the site. Settling ponds may be permitted with the approval of the Department
of Environment and Climate Change.
2.7 Erosion Control
No mineral working shall be catTied out in a manner so as to cause erosion of
adjacent land.
2.8 Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and
abandoned equipment and any derelict buildings.
2.9 Access Roads
During extended periods of shutdown, access roads to a mineral working shall be
ditched or barred to the satisfaction of the Authority.
2.10 Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron
stained layer, shall be stripped and stockpiled at least 5 metres from active quarry
or stockpile areas. The owner or operator shall ensure that the quantity of the
topsoil is not affected by dilution with other materials.
L · Anse au Clair Development Regulations 2019 - 2029, page 55
2.11 Operating Plant and Associated Processing and Manufacturing
The Authority may permit processing and manufacturing use associated with
mineral workings provided that, in the opinion of the Authority, the use does not
create a nuisance nor is liable to become a nuisance or offensive by the creation of
noise or vibration, or by reason of the emission of fumes, dust, dirt, objectionable
odour, or by reason of unsightly storage of materials.
All permanent or temporary buildings, plants and structures associated with
processing and manufacturing will be located so as not to interfere with the
present or future extraction of aggregate resources.
The Authority may specify a minimum separation distance between operating
plant or associated processing and manufacturing structure or equipment and
adjacent developed areas likely to be developed during the life of the mineral
working.
2.12 Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be canied out
by the operation:
a) All buildings, machinery and equipment shall be removed.
b) All pit and quany slopes shall be graded to slopes less than 20 degrees or
to the slope conforming to that existing prior to the mineral working.
c) Topsoil and many organic materials shall be re-spread over the entire
quaffied area.
d) The access road to the working shall be ditched or batTed to the satisfaction
or the Authority.
e) If the mineral working contains reserves of material sufficient to support
further extraction operations, the Authority may require the work described
above to be carried out only in areas of the site where extraction has
depleted reserves.
f) Prior to commencement of the mineral working, Council may require the
developer to post a bond to be repaid once site rehabilitation has taken
place. The amount of the bond shall be no less than 10% (ten percent) of
the estimated cost of site rehabilitation, which shall be repaid with interest
upon satisfactory termination and rehabilitation of the site.
3. Protection of Water Sources and Environment
All applications for development within 15 metres of all bodies of water,
including rivers, streams, ponds and wetlands, shall be subject to the review and
approval of the Environmental Investigations Division of the Department of
L"Anse au Clair Development Regulations 2019-2029, page 56
Environment and Climate Change. Any development within the water or within
the designated buffer area must be approved under Section 48 of the Water
Resources Act prior to the start of construction. No development of any type is
permitted in the Protected Watershed area, except for utility uses, at the discretion
of the Authority (see Condition #6).
4. Recreational Open Space Uses
(a) No development of this kind shall be approved if it will have noticeable
off-site effects from pollution, noise, visual impact or traffic which cannot
be considered acceptable, or which cannot be made acceptable within the
context of the surrounding area.
(b) A site plan must be included with proposals for recreational, open space
uses having more than two on-site activities; or for extensions or additional
activity at the site of existing development of this kind. The site plan must
clearly depict in proper scale and proportion the layout of all existing and
proposed features of the site including activities, buildings and parking
areas as well as any other items that the Authority may require.
(c) Buffers of existing plant growth must be retained around the site, including
the parking area and any part fronting along a public road for a depth of at
least 3 m. Landscaping of buffers, parking areas, accesses and of the entire
development in general is required and must be to the satisfaction of
Council.
( d) All buildings on-site and otherwise associated with this development must
have properly finished exteriors and be maintained to the satisfaction of
the Authority.
5. Solid Waste Disposal
(a) A buffer of not less than 1.6 km will be maintained around a municipal
solid waste disposal site to protect against smell, rodents and other adverse
environmental effects.
(b) A new municipal solid waste disposal site may be permitted subject to
meeting environmental and buffering requirements. Proposed sites are to
be referred to the Department of Environment and Climate Change for
compliance with the Environmental Protection Act.
L'Anse au Clair Development Regulations 2019 - 2029, page 57
6. Utility Use
Public utility uses may be permitted provided they don't cause pollution, erosion
or other major alteration. Development proposals will be reviewed by the
Authority in this light.
7. Agriculture & Traditional Harvesting
a. General
Uses that may be permitted in this use class include traditional resource-based
activities such as home gardening and fur fanning.
b. Traditional Trapping and Snaring
Trapping and snaring of animals will not be permitted within or near the built-
up community.
8. Mineral Exploration
Mineral exploration may be permitted with the condition that there be no
significant altei;ation of the landscape.
~
9. Archaeological Resources
All development proposals are to be forwarded to the Provincial Archaeology
Office, Department of Tourism, Culture, Arts and Recreation, for review.
l 0. General Industry
Resource-based industry may be considered where being located next to the
resow·ce is a requirement or where siting the use within the serviced community
is undesirable.
Subsidiary buildings such as a dwelling, storage shed or barn may be permitted
where Council is of the opinion that it is necessary for the successful operation of
the main use.
A proposed development accessing onto the Trans Labrador Highway (Route
510) will be scrutinized carefully using criteria such as the following:
a) Approval to be secured from the Department of Transportation and
Infrastructure, all other relevant provincial agencies and Council,
b) A full landscaping plan for the property to be developed, with all outdoor
storage areas properly screened from view of the passing public, and
c) Design of buildings, facilities and signage to be approved by Council and
the Provincial Government, including the Department of Tourism,
L'Anse au Clair Development Regulations 2019- 2029, page 58
Culture, Arts and Recreation, ensuring all is in keeping with a major
Gateway to the Province and the Town of L'Anse au Clair.
11. Subsidiary Buildings
Subsidiary buildings such as a dwelling, storage shed or barn may be permitted in
the Rural Zone if, in the opinion of the Authority, they are necessary for
successful operation of the main use.
L'Anse au Clair Development Regulations 2019 - 2029, page 59
Appendix A: Land Use Zoning Maps
L'Anse au Clair Development Regulations 2019 - 2029, page 60
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L'Anse au Clair Development Regulations 2019-2029, page 62
Appendix B: Provincial Development Regulations
NEWFOUNDLAND AND LABRADOR REGULATION 3/01
Approved under the authority of Section 36, Urban and Rural Planning Act, 2000, January 2, 2001 by
the Honourable Joan Marie Aylward, Minister of Municipal and Provincial Affairs
1. Short title
These regulations may be cited as the Development Regulations.
2. Definitions
In these regulations,
"Act" means the Urban and Rural Planning Act, 2000, unless the context indicates otherwise,
"applicant" means a person who has applied to an authority for an approval or permit to carry out a
development;
"authority" means a council, authorized administrator or regional authority; and
"development regulations" means these regulations and regulations and by-laws respecting development
that have been enacted by the relevant authority.
3. Application
{l) 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.
4. Interpretation
(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,
L'Anse au Clair Development Regulations 2019- 2029, page 62
(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;
(i) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building;
(k) "lot area" means the total horizontal area within the lines of the lot;
(I) "lot coverage" means the combined area of all buildings 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-confonning use" means a legally existing use that is not listed as a pennitted or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone;
L'Anse au Clair Development Regulations 2019 - 2029, page 63
(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 Jot 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, Jot 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.
5. Notice of right to appeal
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:
L·Anse au Clair Development Regulations 2019 - 2029, page 64
(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.
6. Appeal requirements
( l) The secretary of the board at the Department of Municipal Affairs and Environment, Confederation
Building (West Block), P.O. Box 8700, St. John's, Nfld., A I B 4J6 is the secretary to all boards in the
province and an appeal filed with that secretary within the time period referred to in Subsection 42( 4) of
the Act shall be considered to have been filed with the appropriate board.
(2) Notwithstanding Regulation 6 (1), where the City of Comer 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 Regulation 6 (1) or 6 (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.
7. Appeal registration
( 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 Regulations 6 (1) and 6 (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 Regulation (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 Regulation (4) shall be published not fewer than 2 weeks before the date
upon which the appeal is to be heard by the board.
L'Anse au Clair Development Regulations 2019- 2029, page 65
8. Development prohibited
( 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 Regulation 8 (I).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order under Section
I 02 of the Act, an authority shall not carry out work related to the matter being appealed.
9. Hearing notice and meetings
(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.
10. Hearing of evidence
(1) A board shall meet at a place within the area under its jurisdiction and the appellant and other
persons notified under Regulation 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.
11. Board decision
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.
12. Variances
(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 I 0% 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%.
L · Anse au Clair Development Regulations 2019 - 2029, page 66
(3) An authority shall not pennit a variance from development standards where the proposed
development would increase the non confonnity of an existing development.
13. Notice of variance
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.
14. Residential non conformity
A residential building or structure referred to in Subsection 108(3), paragraph (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.
15. Notice and hearings on change of use
Where considering a non-conforming building, structure or development under Subsection 108(3),
paragraph (d) of the Act and before makjng a decision to vary an existing use of that non-conforming
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-confonning building, structure or development and shall consider any
representations or submissions received in response to that advertisement.
16. Non-conformance with standards
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-confonnity and an expansion must comply with the development standards
applicable to that building, structure or development.
17. Discontinuance of non-conforming use
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-confonning
use may resume operation.
18. Delegation of powers
An authority shall, where designating employees to whom a power is to be delegated under Subsection
109 (3) of the Act, make that designation in writing.
L · Anse au Clair Development Regulations 2019 - 2029, page 67
19.
Commencement
These regulations shall be considered to have come into force on January 1, 2001.
©Earl G. Tucker, Queen's Printer
L'Anse au Clair Development Regulations 2019 - 2029, page 68
Appendix C: Classification of Uses of Land and
Buildings
NOTE: The classification of uses set out in the following table is based on the Classification of Typical
Occupancies included as Table 3.1.2.A of the National Building Code of Canada, 1980. This
classification is referred to in Regulation 84.
GROUP
DMSION
CLASS
EXAMPLES
A.ASSEMBLY
I. Assembly Uses for
(a) Theatre
Motion Picture Theatres
USES
the production and viewing
T.V. Studios admitting an audience.
of the performing arts.
2. General Assembly Uses
(a) Cultural and
Libraries, Museums, Art Galleries
Civic
Court Rooms, Meeting Rooms
Council Chambers
(b) General
Community Halls, Lodge Halls
Assembly
Dance Halls, Gymnasia, Auditoria
Bowling Alleys
(c) Educational
Schools, Colleges (non- residential)
(d) Place of
Churches and similar places of wor-
Worship
ship.
Church Halls
(e) Passenger
Passenger Terminals
Assembly
(f) Club and
Private Clubs and Lodges (non-
Lodge
residential)
(g) Catering
Restaurants, Bars, Lounges
(h) Funeral
Funeral Homes and Chapels
Home
(i) Child Care
Day Care Centres
U) Amusement
Electronic Games, Arcades, Pinball
Parlours, Poolrooms
L'Anse au Clair Development Regulations 2019- 2029, page 69
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEM-
3. Arena-type
(a) Indoor Assembly
Arenas, Armouries, Ice Rinks
BLY USES
Uses
Indoor Swimming Pools
( continued)
4. Open-air
(a) Outdoor
Bleachers, Grandstands, Outdoor Ice
Assembly Uses
Assembly
Rinks and Swimming Pools
Amusement Parks and Fair-grounds
Exhibition Grounds, Drive-in Theatres
B. INSTITU-
I. Penal and
(a) Penal and
Jails, Penitentiaries, Police Stations
TIONAL
Correctional
Correctional
(with detention quarters), Prisons
USES
Institutional Uses
Detention
Psychiatric Hospitals (with detention
quarters), Reformatories
2. Special Care
(a) Medical
Children's Homes, Convalescent Homes
Institutional Uses
Treatment and
Homes for Aged, Hospitals, Infirmaries
Special Care
Orphanages, Psychiatric Hospitals,
Sanatoria
C. RESIDENT-
I. Residential
(a) Single Dwelling
Single Detached Dwellings
IAL USES
Dwelling
Family & Group Homes
Uses
(b) Double Dwelling
Semi-detached Dwelling, Duplex
Dwellings, Family & Group Homes
(c) Row Dwelling
Row Houses, Town Houses
Family & Group Homes
(d) Apartment
Apartments, Family & Group Homes
Building
L"Anse au Clair Development Regulations 2019 - 2029, page 70
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVlSION
CLASS
EXAMPLES
C. RESIDENTIAL
2. General
(a) Collective
Residential Colleges & Schools
USES (continued)
Residential Uses
Residential
University & College Halls of
( continued)
Residence
Convents & Monasteries
Nurses and Hospital Residences
(b) Boarding
Boarding Houses
House
Lodging Houses
Residential
(c) Commercial
Hotels & Motels, Hostels
Residential
Residential Clubs
( d) Seasonal
Summer Homes & Cabins
Residential
Hunting & Fishing Cabins
(e) Mobile
Mobile Homes
Homes
D. BUSINESS
I. Business,
(a) Office
Offices (including Government
&PERSONAL
Professional, and
Offices), Banks
SERVICE USES
Personal Service
Uses
(b) Medical &
Medical Offices and Consulting
Professional
Rooms, Dental Offices & Surgeries
Legal Offices, Similar Professional
Offices
(c) Personal
Barbers, Hairdressers, Beauty
Service
Parlours
Small Aooliance Repairs
(d) General
Self-service Laundries, Dry Cleaners
Service
(not using flammable or explosive
substances)
Small Tool and Appliance Rentals
Travel Agents
L · Anse au Clair Development Regulations 2019 - 2029, page 71
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
l. Business,
(e) Communications
Radio Stations
PERSONAL
Professional &
Telephone Exchanges
SERVICE USES
Personal Service
( continued)
Uses
( continued)
(f) Police Station
Police Stations
Without detention
quarters
(g) Taxi Stand
Taxi Stands
(h) Take-out Food
Take-out Food Service
Service
(i) Veterinary
Veterinary Surgeries
U) Home Business
Craft Making
Hair Styling
Professional Office
Dav Care
E. MERCANTILE
I . Retail Sale and
(a) Shopping Centre
Shopping Centres
USES
Display Uses
(b) Shop
Retail Shops and Stores
and Showrooms
Deoartment Stores
(c) Indoor Market
Market Halls
Auction Halls
( d) Outdoor Market
Market Grounds Animal
Markets
Produce and Fruit Stands
Fish Stalls
(e) Convenience
Confectionary Stores
Store
Comer Stores
Gift Shops, Specialty
Shops
F.lNDUSTRIAL
1. Industrial uses
(a) Hazardous
Bulk Storage of
USES
involving highly
Industry
hazardous liquids and
combustible and
sub-stances. Chemical
hazardous
Plants
substances and
Distilleries, Feed Mills,
processes.
Lacquer, Mattress, Paint,
Varnish, and Rubber
Factories, Spray Painting
L'Anse au Clair Development Regulations 2019- 2029, page 72
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUST-
2. General Industrial
(a) General
Factories, Cold Storage Plants
RIAL USES
Uses involving
Industry
Freight Depots, General Garages
( continued)
Limited Hazardous
Warehouses, Workshops,
Substances and
Laboratories
Processes.
Laundries, Planing Mills, Printing
Plants
Contractors' Yards
(b) Service
Gasoline Service Stations
Station
Gas Bars
3. Light, Non-
(a) Light
Light Industry, Parking Garages
hazardous or Non-
Industry
Indoor Storage, Warehouses
intrusive Industrial
Workshops
Uses.
G. NON-
I. Uses not directly
(a) Agriculture
Commercial Farms, Hobby
BUILDING
related to building
Farms, Market Gardens &
USES
Nurseries, Traditional Food
Curing, Traditional Trapping and
Snaring
(b) Forestry
Tree Nurseries, Sylviculture
(c) Mineral
Quarries, Pits, Mines, Oil Wells
Working
( d) Recreational
Playing Fields, Sports Grounds,
Open Space
Parks
Playgrounds
Passive Recreation (e.g. hiking &
canoeing)
(e) Conservation
Watersheds, Buffer Strips, Flood
Plains
Architectural, Historical and
Scenic Sites
Steep Slopes, Wildlife
Sanctuaries
(f) Cemetery
Cemeteries, Graveyards
(g) Scrap Yard
Car Wrecking Yards, Junk Yards
Scrap Dealers
L'Anse au Clair Development Regulations 2019 - 2029, page 73
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G. NON-
I. Uses not
(h) Solid Waste
Solid Waste Disposal
BUILDING
directly related to
Sanitary Land Fill
USES
building.
Incinerators
( continued)
( continued)
(i) Animal
Animal Pounds, Kennels, Zoos, Dog
Team Keeoin!!
U) Antenna
TV, Radio and Communications
Transmitting and Receiving Masts
and Antennae
(k) Transportation
Airfields, Railway Yards, Docks
and Harbours
(!)Mineral Exploration
Prospecting, Exploring (with little
or no alteration to the landscane)
L'Anse au Clair Development Regulations 2019 - 2029, page 74