Development Regulations — Town of L'Anse-au-Loup

L'Anse-au-Loup, Newfoundland and Labrador · adopted 2016-04-29

This is the exact embedded text of the captured official document. Snapshot cd03501e1298 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Land Use Zoning, Subdivision & Advertisement Regulations 2014 - 2024 (Development Regulations) prepared for: Town Council ofL'Anse au Loup prepared by: d.w.knightassoc1ates c:111:qh:t'm.'\1 d1re1 :IM1 Town of L'Anse au Loup Development Regulations 2014 -2024 TABLE OF CONTENTS Approval Certi icates Newfoundland ~Labrador (Ministerial) Regulation 3101 L' Anse au Lou1 l Development Regulations Introductory St: ttements Part I - General Regulations Part II - General Development Standards Part UI - Adve1 tisements . Part IV - Subdi .'ision of Land Part V - Use Zc nes . Schedule A: I 1efinitions . Schedule B: Classification of Uses of Land and Buildings Schedule C: l se Zones, L' Anse au Loup Schedule D: Guide to Off-Street Parking . Schedule E: I.and Use Zoning Maps . D. W. Knight Associates page 3 5 10 10 10 17 22 23 27 28 34 40 57 59 page2 Town of L'Anse au Loup Development Regulations 2014-2024 COUNCIL RESOLUTION TO ADOPT TOWN OF L'ANSE AU LOUP DEVELOPMENT REGULATIONS Under the authority of Section 35 of the Urban and Rural Planning Act 2000, the Town Council of L'Anse au Loup adopts Part I to V and Schedule A (Definitions) of the Development Regulations in order to bring the L' Anse au 1 oup Development Regulations into conformity with the Urban and Rural Planning Act 2000. Adopted by the Town Council ofL'Anse au Loup on the~ day of J:'lb\Jemb?- , 20(5 / ,20 /::.. CANADIA!\ INSTITUTE OF PLANNERS CERTIFICATION D. W. Knight Associates page 3 URBAN AND RURAL PLANNING ACT RESOLUTION TO APPROVE TOWN OF L' A.NSE AU LOUP DEVELOPMENT REGULATIONS 2014-2024 Under the authority o: 'section 16, 17, and 18 of the Urban and Rural Planning Act 2000, the Town Council ofL' Anse au Loup: a) adopted the L'Anse au Loup Development Rei;,'1.llations on the 2"<l day or Novenber, 2015; b) gave rotice of the adoption of the L'Anse au Loup Development Regulations by advertisement inserted on the 1'1 day and the 8 111 day of February. 2016 in the Northi :rn Pen newspaper; and c) set th< 17th day of February at 10:30 a.m. at the L'Anse au Loup Town Hall for the holdir g of a public hearing to consider objections and submissions. Now under the authority of section 23 of the Urban and Rural Planning Act.. 2000, the Town Council of L 'Anse m 1 Loup approves the L' Anse au Loup Municipal Plan 2014-2024 as adopted. ·1t, A SIGNED AND SEA ,ED this _l_\~day of 1'1.. L(i 11 I=> '2016 Mayor: (Council Seal) Town of L'Anse au Loup Development Regulations 2014 2024 NEWFOUNDLAND AND LABRADOR REGULATION 3/01 Approved under the au1 hority of Section 36, Urban and Rural Planning Act, 2000, January 2, 200 I by the Honourable Joan Marii Aylward, Minister of Municipal and Provincial Affairs Short title 1. These regulations m; y be cited as the D<-velopment Regulations. Definitions 2. In these regulations, (a) "Act", unless the co1text indicate otherwise, means the Urban and Rural Planning Act, 2000; (b) "applicant" means z person who has applied to an authority for an approval or permit to carry out a development; (c) 11authority 0 means a council, authorized adn1inistrator or regional authority; and (d) "development regulitions" means these regulations and regulations and by-laws respecting development that have been enacted by the relevant authority. Application 3. (I) TI1ese regulation:. shall be included in the development regulations of an authority and shall apply to all planning areas. (2) Where there is a co 1flict between these regulations and development regulations or other regulations of an authority, these regl Jations shall apply. (3) Where another Act of the province provides a right of appeal to the board, these regulations shall apply to that appeal. Interpretation 4. (1) Jn development' 'gulations and other regulations made with respect to a planning area the following terms shall have the m1 anings indicated in this section (a) "access" means a w 1y used or intended to be used by vehicles, pedestrians or animals in order to go from a street to adjace1 tor nearby land or to go from that land to the street; (b) "accessory buildinf" includes (i) a detached subordin 1te building not used as a dwelling, located on the same lot as the main building to which it is an accesso~' and which has a use that is customarily incidental or complementary to the main use of the building or I md, (ii) for residential uses domestic garages, carports, ramps, sheds, swimming pools, greenhouses, cold frames, fuel sheds, veg ~tables storage cellars, shelters for domestic pets or radio and television antennae, (iii) for commercial us :s, workshops or garages, and (iv) for industrial uses, garages, offices, raised ramps and docks; (c) "accessory use" me ms 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" n cans 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 mam ard roof, and (iii) mean height level Jetween the eave and the ridge of a gable, hip or gambrel roof, and in any case, a D. W. Knight Associates pages Town of L'Anse au Loup Development Regulations 2014- 2024 building height shall nc t include mechanical structure, smokestacks, steeples and purely ornamental structures above a roof: ( e) "building line" meai 1s 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; (t) "discretionary use" 1 neans a use that is listed within the discretionary use classes established in the use zone tables of an autho ity's development regulations; (g) "established grade" means, (i) where used in ref ere 1ce to a building, the average elevation of the finished surface of the ground where it meets the exterior or th' front of that building exclusive of any ar1ificial embankment or entrenchment, or (ii) where used in refen :nee to a structure that is not a building, the average elevation of the finished grade of the ground immedial ely surrounding the structure, exclusive of any artificial embankment or entrenchment; (h) "floor area" means 1 he total area of all floors in a building measured to the outside face of exterior walls; (i) "frontage" meaJls th: horizontal distaJlce between side lot lines measured at the building line; Ul "lot" means a plot, b act or parcel ofland which can be considered as a unit ofland for a particular use or building; (k) "lot area" means the total horizontal area within the lines of the lot; (1) "lot coverage" mean; the combined area of all building on a lot measured at the level of the lowest floor above the established g ·ade and expressed as a percentage of the total area of the lot; (m) "non-conforming use" means a legally existing use that is not .listed as a permitted or discretionary use for the use zone in whi: :h it is located or which does not meet the development standards for that use zone; (n) "owner" means a p< rson or an organization of persons owning or having the legal right to use the land umder consideration; ( o) "permitted use" me, ms a use that is listed within the permitted use classes set out in the use zone tables of an authority's devel1 :pment regulations; (p) "prohibited use" mrnns a use that is not listed in a use zone within the permitted use classes or discretionary use class< s or a use that an authority specifies as not permitted within a use zone; (q) "sign" means a wor i, letter, model) placard) board, device or representation1 \vhether illuminated or noti in the nature of or emp oyed wholly or in part for the purpose of advertisement, announcement or direction and excludes those thir gs employed wholly as a memorial, advertisements of local government, utilities and boarding or similar stn ctures used for the display of advertisements; (r) "rear yard depth" m 'alls the distance between the rear lot line and the rear wall of the main building on a lot; (s) "side yard depth" means the distance between the side lot line and the nearest side wall ofa building on the lot; (t) "street" means a stn et, 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 :he edge of a street reservation as defined by the authority having jurisdiction; (v) "use" means a buik ing or activity situated on a lot or a development permitted on a lot; (w) "use zone" or "zon i" means an area of land including buildings and water designated on the zoning map to which the uses, stan: lards and conditions of a particular use zone table apply; (x) 11variance 1 - means a departure, to a tnaxin1un1 of lOo/o ftotn the yard, area, lot coverage~ setback, size, height, frontage or any other numeric requirement of the applicable Use Zone Table of the authority's regulations; and (y) "zoning map" meai s the map or maps attached to and fanning a pan of the authority's regulations. (2) An authority may, 'n its discretion, determine the uses that may or may not be developed in a use zone D, W. Knight Associates page 6 Town of L'Anse au Loup Development Regulations 2014 - 2024 and those uses shall be listed in the authority's regulations as discretionary, permitted or prohibited uses for that area. Notice of right to appeal 5. Where an authority 11akes a decision that may be appealed under section 42 of the Act, that authority shall, in writing, at the .ime of making that decision, notify the person to whom the decision applies of the (a) person's right to ap >eal the decision to the board; (b) time by which an a1 -peal is to be made: ( c) right of other intere ;ted persons to appeal the decision; and (d) manner of making 'n appeal and the address for the filing of the appeal. Appeal rcquircm~ nts 6. (I) The secretary of he board at the Department of Municipal and Provincial Affairs, Main Floor, Confederation Buildi111. (West Block), P.O. Box 8700, St. John's, Nfid., A I B 4J6 is the secretary to all boards in the province md 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 suJsection (!),where the City of Comer Brook, City of Mount Pearl or City of St. John's appoints an app :al board under subsection 40(2) of the Act, an appeal shall be filed with the secretary of that appoil ted board. (3) The fee required ur der section 44 of the Act shall be paid to the board that hears the decision being appealed by filing it w1 th the secretary referred to in subsection (I) or (2) within the 14 days referred to in subsection 42(4) of the Act. (4) The board that hea1 l the decision being appealed shall, subject to subsection 44(3) of the Act, retain the fee paid to the board. (5) Where an appeal ol a decision and the required fee is not received by a board in accordance with this section and Pait VI of he Act, the right to appeal that decision shall be considered to have been forfeited. Appeal registratic n 7. (I) Upon receipt of; .n appeal and fee as required under the Act and these regulations, the secretary of the board as referred to in ;ubsections 6(1) and (2), shall immediately register the appeal. (2) Where an appeal hi s been registered the secretary of the board shall notify the appropriate authority of the appeal and shall pr' ivide 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 a ithority has knowledge. (4) Upon receipt of the information under subsection (3), the secretary of the board shall publish in a newspaper circulated i l the area of the appropriate authority, a notice that the appeal has been registered. (5) A notice published under subsection (4) shall be published not fewer than 2 weeks before the date upon which the appeal is to ie heard by the board. Development pro! tibited 8. (I) Immediately upc n 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 1 )4 of the Act apply to an authority acting under subsection (I). (3) Upon receipt of an otification of the registration of an appeal with respect to an order under section I 02 O. W. Knight Associates page 7 Town of L'Anse au Loup Development Regulalions 2014 - 2024 of the Act, an authorit) shall not carry out work related to the matter being appealed. Hearing notice an :I meetings 9. (I) A board shall no ify the appellant, applicant, authority and other persons affected by the subject of an appeal of the date, tim< 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 is often as is necessary to conduct its work in an expeditious manner. Hearing of cviden cc 10. ( 1) A board shall rr eet at a place within the area under its jurisdiction and the appellant and other persons notified under mbsection 9( 1) or their representative may appear before the board and make representations with re ;peel to the matter being appealed. (2) A board shall hear in appeal in accordance with section 43 of the Act and these regulations. (3) A written report su 'mitted under subsection 43(2) of the Act respecting a visit to and viewing of a property shall be consi lered to have been provided in the same ma!lner as evide!lce directly provided at the hearing of the board. (4) In the conduct ofai, appeal hearing. the board is not bound by the rules of evidence. Board decision 11. A decision of the b )ard must comply with the plan, scheme or development regulations that apply to the matter that has been a~ pealed to that board. Variances 12. (l) Where an appn val or permit cannot be given by an authority because a proposed development does not comply with devel, >pment standards set out ill development regulations, an authority may, in its discretion, vary the apJ 1licable development standards to a maximum of 10% if, in the authority's opinion, compliance with the d< velopment standards would prejudice the proper development of the land, building or structure in questior or would be contrary to public interest. (2) An authority shall 1,ot allow a variance from development standards set out in development regulations if that variance, when ''onsidered together with other variances made or to be made with respect to the same land, building or struct.ll'e, would have a cumulative effect that is greater than a 10% variance even though the individual varianc< s are separately no more than 10%. (3) An authority shall 1101 permit a variance from development standards where the proposed development would increase the nor confom1ity of an existing development. Notice of varianc1 13. Where an authoril:) is to consider a proposed variance, that authority shall give written notice of the proposed variance fror 1 development standards to all persons whose land is in the immediate vicinity of the land that is the subject of the variance. Residential non conformity 14. A residential build ng or structure referred to in paragraph l08(3)(g) of the Act must, where being repaired or rebuilt, be ·epaired or rebuilt in accordance with the plan ai1d development regulations applicable to that builc ing or structure. Notice and hearings on change of use 15. Where considering a non confo1111ing building, structure or development under paragraph 108(3)(d) of D. W. Knight Associates page8 Town of L'Anse au Loup Development Regulations 2014 - 2024 the Act and before mal ing a decision to vary an existing use of that non-conforming building, structure or development, an autho ·ity, at the applicant's expense, shall publish a notice in a newspaper circulating in the area or by other me ms give public notice of an application to vary the existing use ofa non-conforming building, structure or d :velopment and shall consider any representations or submissions received in response to that advert sement. Non-conformance with standards 16. Where a building,' tructure or development does not meet the development standards included in development regulatioi LS, the building, structure or development shall not be expanded if the expansion would increase the nor-conformity and an expansion must comply with the development standards applicable to that building, structure or development. Discontinuance o1 non-conforming use 17. An authority may nake development regulations providing for a greater period of time than is provided under subsection 108('.) of the Act with respect to the time by which a discontinued non-conforming use n1ay resurne operation. Delegation of po~ ers 18. An authority shall, where designating employees to whom a power is to be delegated under subsection 109(3) of the Act, make that designation in writing. Commencement 19. These regulations shall be considered to have come into force on January 1, 2001. ©©Earl G. Tucker, ( ueen's Printer D. W. Knight Associate- page 9 Town of L'Anse au Loup Development Regulations 2014- 2024 TOWN OF L' ANSE AU LOUP LAND USE, ZO"/ING, SUBDIVISION AND ADVERTISEMENT REGULATIONS (DEVELOPMENT REGULATIONS) INTRODUCTORY STATEMENTS Short Title These Regulations ma;· be cited as the Town ofL'Anse au Loup Development Regulations. Interpretation Words and phrases us< din these Regulations shall have the meanings ascribed to them in Schedule A. Words and phrases not defined in Schedule A shall have the meanings which are commonly assigned to them in the context in ~hich they are used in the Regulations. Commencement These Regulations con 1e into effect throughout the L' Anse au Loup Municipal Planning Area, hereinafter referred to as the Plam ing Area, on the date of publication ofa notice to that effect in the Newfoundland Gazette. Municipal Code and Regulations The Building Code in< luding the Plumbing Code, the Fire Code, the Electrical Code, and any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or any other municipal regulations regulating Jr controlling the development, conservation and use of land in force in the Town of L'Anse au Loup, shall under these Regulations apply to the entire Planning Area. Authority In these Regulations, 'Authority" means the Council of the Town ofL' Anse au Loup. PART 1- GENERAL REGULATIONS 1. Compliance w1 th Regulations No development shall 'e carried out within the Planning Area except in accordance with these Regulations. 2. Permit Requind No person shall carry' ml any development within the Planning Area except where otherwise provided in these Regulations uni< ss a pennit for the development has been issued by the Authority. 3. Permit to be I! sued Subject to Regulatiom 9 and 10, a pem1it shall be issued for development within the Planning Area that conforms to: (a) the general development standards set out in Prui II of these Regulations, the requirements of Part V of these Regulations and the use classes, standards, requirements, and conditions prescribed in Schedule C of these Regula ions for the use zone in which the proposed development is located; D. w. Knight Associate- page 10 Town of L'Anse au Loup Development Regulations 2014 -2024 (b) the standards set 01 tin the Building Code and/or other ancillary codes, and any Building Regulations, Waste Disposal Regut ttions, and/or any other municipal regulation in force in the Planning Area regulating or controlling developi nent, conservation and use of land and buildings; (c) the standards set Ol tin Part III of these Regulations in the case of advertisement; (d) the standards set Ol tin Part IV of these Regulations in the case of subdivision; ( e) the standards of de: ign and appearance established by the Authority. 4. Permit Not to i>e lssued in Certain Cases Neither a permit nor a1 >proval in principle shall be issued for development within the Planning Area when, in the opinion of the Authority, it is premature by reason of the site lacking adequate road access, power, drainage, sanitary faci ities, or domestic water supply, or being beyond the natural development of the area at the time of applicati Jn unless the applicant contracts to pay the full cost of construction of the services deemed necessary by .he Authority and such cost shall attach to and upon the property in respect of which it is imposed. 5. Discretionary . 'owers of Authority (1) In considering an application for a permit or approval in principle to carry out development, the Authority shal take into account the policies expressed in the Municipal Plan and any further scheme, plan ( r regulations pursuant thereto, and shall assess the general appearance of the development cfthe area, the amenity of the surroundings, availability of utilities, public safety and convenience, 'nd any other considerations which are, in its opinion, material, and notwithstanding the conformil) of the application with the requirements of these Regulations, the Authority may, in its discretion,: ,nd as a result of its consideration of the matters set out in this Regulation, conditionally t pprove or refuse the application. (2) An Authority 1 nay, in its discretion, determine the uses that may or may not be developed in a use zone and thos< uses shall be listed in the Authority's regulations as discretionary, permitted or prohibited use ' for that area 6. Variances (Refe- to Minister's Development Regulations, Section 12, January 2, 2001) (1) Where an approvai or permit cannot be given by the Authority because a proposed development does not comply with devel ~pment standards set out in development regulations, the Authority may, in its discretion, vary the ap Jlicable development standards to a maximum of 10% if, in the Authority's opinion, compliance with the d :velopment standards would prejudice the proper development of the land, building or structure in questio11 or would be contrary to public interest. (2) The Authority shal I not allow a variance from development standards set out in development regulations if that variance, whet\ :onsidered together with other variances made or to be made with respect to the same land, building or stn1c ure, would have a cumulative effect that is greater than a 10% variance even though the individual varianci:s are separately no more than 10%. (3) The Authority shal I not permit a variance from development standards where the proposed development would increase the no 1 conformity of an existing development. 7. Notice of Vari: mce (Rqfer to Afinister 's Development Regulations, Section 13., January 2, 2001) Where the Authority i' to consider a proposed variance, the Authority shall give written notice of the proposed variance fro n development standards to all persons whose land is in the immediate vicinity of the land that is the subjec1 of the variance. 8. Service Levy (I) The Authority m1 y 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 property is enhanced by the carrying out of public works either on or off the site of the development. (2) A service levy sh; tll not exceed the cost, or estimated cost, including finance charges to the Authority of constructing or in 1proving the public works that are necessary for the real property to be developed in D. W. Knight Associate! page 11 Town of L'Anse au Loup Development Regulations 2014 - 2024 accordance with rl 1e standards required by the Authority and for uses that are permitted on that real property. (3) A service levy shi 11 be assessed on the real property based on: a) the amount of real property benefited by the public works related to all the real property so benefiteC ; and, b) the densi y of development made capable or increased by the public work. 4) The Authority may ·equire a service levy to be paid by the owner of the real property: a) at the tirr e the levy is imposed; b) at the tirr e development of the real property commences; c) at the tirr e development of the real property is completed; or d) at such o her time as the Authority may decide. 9. Financial Gua1 ·an tees by Developer 1) The Aull ority may require a developer before commencing a development to make such financial provisions and/or enter into such agreements as may be required to guarantee the payment of service levies, ensure site reinstatement, and to enforce the carrying out of any other cor dition attached to a permit or licence. 2) The fina11cial provisions pursuant to Regulation 14(1) may be made in the form of: a) a casl deposit from the developer, to be held by the Authority, or; b) a gua antee by a bank, or other institution acceptable to the Minister, for expenditures by the d< veloper, or; c) a perl ormance bond provided by an insurance company or a bank, or; d) an an mal contribution to a sinking fund held by the Authority, or; e) anoth" form of financial guarantee that the Authority may approve. 10. Dedication of Land for Public Use In addition to the requ rements for dedication of land under Regulation 78, the Authority may require the dedication of a percen age of the land area of any subdivision or other development for public use, and such land shall be conveye< to the Authority in accordance with the provisions of the Act. 11. Reinstateme~t of Land Where the use of land is disc.ontinued or the intensity of its use is decreased, the Authority may order the developer, the occupier of the site, or the owner or all of them to reinstate the site, to remove all or any buildings or erections, to cover or fill all wells or excavations, and to close all or any accesses, or to do any of these things or all of them, as the case may be, and the developer, occupier or owner shall carry out the order of the Authority and shall put the site in a clean and sanitary condition to the satisfaction of the Authority. 12. Form of App ication 1) An applic 1tion for a development permit or approval in principle shall be made only by the owner or iy a person authorized by the owner to the Authority on such form as may be pre- scribed b) the Authority, and every application shall include such plans, specifications and drawings 1s the Authority may require, and be accompanied by tbe permit fee required by the Authority 2) The Auth· >rity shall supply to every applicant a copy of the application forms, a description of the plans, specifications and drawings required to be provided with the application and any informati< 'nor requirements applicable to the application. 13. Register of A ~plication The Authority shall k< ep a public register of all applications for development, and shall enter therein the Authority's decision u ion each application and the result of any appeal from that decision. D. W. Knight Associate- page 12 Town of L'Anse au Loup Development Regulations 2014-2024 14. Deferment of Application I) The Authority ma), with the written agreement of the applicant, defer consideration of an application. 2) Applications prop- rly submitted in accordance with these Regulations which have not been determined by the Authority a 1d on which a decision has not been communicated to the applicant within eight weeks of the receipt thereof by the Authority, and on which consideration has not been deferred in accordance with R :gulation 14( I), shall be deemed to be refused. 15. Approval in I rinciple I) The Authority ma;- grant approval in principle for the erection, alteration or conversion ofa building if, after considering < n application for approval in principle made under these Regulations, it is satisfied that the proposed 1 levelopment is, subject to the approval of detailed plans, in compliance with these Regulations. 2) Where approval ir principle is granted under this Regulation, it shall be subject to the subsequent approval by the A 1thority of such details as may be listed in the approval in principle, which shall also specify that fm1he · application for approval of these details shall be received not later than two years from the grant of< pproval in principle. 16. Development Permit I) A plan or drawing which has been approved by the Authority and which bears a mark and/or signature indicating such ap )roval together with a pennit shall be deemed to be permission to develop land in accordance with tl ,ese Regulations but such permission shall not relieve the applicant from full responsibility for '>btaining permits or approvals under any other regulation or statute prior to commencing the c evelopment; from having the work caiTied out in accordance with these Regulations or any other regul. Ltions or statutes; and from compliance with all conditions imposed there under. 2) The Authority ma 1 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. 3) Where the Author ty deems necessary, permits may be issued on a temporary basis for a period not exceeding two ye> rs, which may be extended in writing by the Authority for further periods not exceeding two ye> rs. 4) A permit is valid lor such period, not in excess of two years, as may be stated therein, and if the developn1ent has 1 _ot cornrnenced, 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 pennit for an advert- isement, \Vhich may be renewed in accordance with Part Ill of these Regulations. 5) The approval of a 1y application and plaos or drawings or the issue of a permit shall not prevent the Authority from th :reafter requiring the correction of errors, or from ordering the cessation, removal of, or remedial work many development being carried out in the event that the same is in violation of this or any other regul tlions or statute. 6) The Authority ma 1 revoke a permit for failure by the holder of it to comply with these Regulations or any condition atta ;hed to the permit or where the permit was issued in error or was issued on the basis of incorrect infon· 1ation. 7) No person shall eL ase, alter or modify any drawing or specifications upon which a pennit to develop has been issued b: ·the Authority. 8) There shall be kq t available on the premises where any work, matter or thing is being done for which a permit has been is med, a copy of the permit and any plans, drawings or specifications on which the issue of the permi was based during the whole progress of the work, or the doing of the matter or thing until completion. D. W. Knight Associates page 13 Town of L'Anse au Loup Development Regulations 2014 - 2024 17. Reasons for~ efusing Permit The Authority shall, ~' 1en refusing to issue a permit or attaching conditions to a pern1iti state the reasons for so doing in writing. 18. Notice of Rigl it to Appeal (Refer to Minister's Development Regulations, Section 5, January 2, 2001) Where the Authority n akes 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 whicl 1 an appeal is to be made; ( c) right of other interested persons to appeal the decision; and ( d) manner of mr king an appeal and the address for the filing of the appeal. Public Notice The Authority shall p1ovide public notice for a period of not less than: a) 7 days - when cons dering a variance in accordance with Regulation 6; and b) 14 days - when considering a change in a non-conforming use in accordance with Regulation 44 or as a Discretionary use cov !Ted under Regulation 85. The Authority may re 1uire public notice of any development application where, in the opinion of the Authority, such notic( is required for information and public consultation purposes. The Council shall req 1ire the cost of the public notice or ponion thereof be paid by the applicant. Notice shall be by public advertisement in a newspaper circulating in the area or by any other means deemed necessary by the Coui cil." 19. Appeal Requi. ·ements (Refer to Minister's Development Regulations, Section 6, January 2, 2001) 1) The secretary oftlte Appeal Board at the Department of Municipal and Provincial Affairs, Main Floor, Confederation Bu !ding (West Block), P.O. Box 8700, St. John's, Nfld., AIB 4J6 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(') of the Act shall be considered to have been filed with the appropriate Appeal Board. 2) The fee required 1 nder section 44 of the Act shall be paid to the Appeal Board that hears the decision being appealed b) filing it with the secretary referred to in subsection (1) or (2) within the 14 days refen-ed to in subsection 42(4) of the Act. 3) The Appeal Boan that hears the decision being appealed shall, subject to subsection 44(3) of the Act, retain the fee paid to the Appeal Board. 4) Where an appeal' 1f a decision and the required fee is not received by an Appeal Board in accordance with this section "'d Part VI of the Act, the right to appeal that decision shall be considered to have been forfeited. 20. Appeal Registration (Refer to Minister ·s Development Regulations. Section 7, January 2. 2001) 1) Upon receipt ofa11 appeal and fee as required under the Act and these regulations, the secretary of the Appeal Board as 1 eferred to in subsections 24(1) and (2), shall immediately register the appeal. 2) 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. 3) Where the Authrn ity has been notified of an appeal that Authority shall within one week of notification forward to the apJ ropriate board a copy of the application being appealed, all correspondence, council D. W. Knight Associates page 14 Town of L'Anse au Loup Development Regulations 2014 - 2024 minutes, plans anc 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 ofth: information under subsection (3), the secretary of the board shall publish in a newspaper circula ed in the area of the appropriate Authority, a notice that the appeal has been registered. 5) A notice publishe1 under subsection (4) shall be published not fewer than 2 weeks before the date upon which the appeal i; to be heard by the board. 21. Development Prohibited (Refer to Minister's Development Regulations, Section 8, January 2, 2001) 1) Immediately upon notice of the registration of an appeal the Authority shall ensure that any development upor the property that is the subject of the appeal ceases. 2) Sections 102 and 04 of the Act apply to the Authority acting under subsection (1). 3) Upon receipt of a 10tification of the registration of an appeal with respect to an order under section 102 of the Act, the Au hority shall not carry out work related to the matter being appealed. 22. Appeal Boarc The minister may, by' ,rder, establish an Appeal Board and shall assign to the Appeal Board a specific area of the province over w 1ich it shall have jurisdiction, as outlined in section 40, of the Act. 23. Appeals I) A person or an aso ociation of persons aggrieved of a decision that, under the regulations, may be appealed, may ap1 eat that decision to the appropriate Appeal Board where the decision is with respect to: (a) an applica :ion to undertake a development; (b) a revocati m of an approval or a permit to undertake a development; ( c) the issuan ;e of a stop work order; and (d) a decision permitted under the Act or another Act to be appealed to the board. 2) A decision of the ~uthority to adopt, approve or proceed with a municipal plan, a scheme, development regulations and ar iendments and revisions of them is final and not subject to an appeal. 3) An Appeal Board shall not make a decision that does not comply with the municipal plan, a scheme and development ·egulations that apply to the matter being appealed. 4) An appeal shall b< filed with the Appeal Board not more than 14 days after the person who made the original applicatic n appealed from has received the decision being appealed. 5) An appeal shall be made in writing and shall include: (a) a summa ·y of the decision appealed from; (b) the gram ds for the appeal; and ( c) the requi ·ed fee. (6) A person or grou1 of persons affected by the subject of an appeal or their representatives may appear before an Appeal 3oard and make representations concerning the matter under appeal. (7) An Appeal Board may inform itselfofthe subject matter of the appeal in the manner it considers necessary to reacl a decision. (8) An Appeal Board shall consider and determine appeals in accordance with the Act and the municipal plan, scheme and :egulations that have been registered under section 24, of the Act, and having regard to the circu1nsta1H es and 1nerits of the case. (9) A decision of the l\ppeal Board must comply with the plan, scheme or development regulations that D. W. Knight Associate:: page Town of L'Anse au Loup Development Regulations 2014-2024 apply to the matte1 that has been appealed to that board. ( 10) In determining an lppeal, an Appeal Board may confirm, reverse or vary the decision appealed from and may impose tl ose conditions that the board considers appropriate in the circumstances and may direct the Authority to carry out its decision or make the necessary order to have its decision implemented. ( 11) Notwithstanding s ibscction (I 0), where the Authority may, in its discretion, make a decision, an Appeal Board sha I not make another decision that overrules the discretionary decision. (12)The decision ofa najority of the members of an Appeal Board present at the hearing of an appeal shall be the decision of ;he Appeal Board. (13)An Appeal Board ihall, in writing notify the appellant and the appropriate Authority of the decision of the Appeal Board. 24. Hearing Notic ·e and Meetings (Refer to Minister's Development Regulations, Section 9, January 2, 2001) I) An Appeal Board sl all 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) An Appeal Board r 1ay meet as often as is necessary to conduct its work in an expeditious manner. 25. Hearing of E1 idence (Refer to Minister's Developmenl Regula/ions, Section JO, January 2, 200 I) 1) An Appeal Board shall meet at a place within the area under its jurisdiction and the appellant and other persons notified u 1der regulation 24(1) or their representative may appear before the Appeal Board and make representati· >ns with respect to the matter being appealed. 2) An Appeal Board shall hear an appeal in accordance with section 43 of the Act and these regulations. 3) A written reports 1bmitted under subsection 43(2) of the Act respecting a visit to and viewing of a prope11y shall be < onsidered to have been provided in the same manner as evidence directly provided at the hearing of the Appeal Board. 4) In the conduct of m appeal hearing, the Appeal Board is not bound by the rules of evidence. 26. Return of Appeal Fee Where an appeal mad< by an appellant under section 42 of the Act, is successful, an amount of money equal to the fee paid by that ippellant under regulation 23(5) shall be paid to him or her by the Authority. 27. Notice of Ap[ lication I) When a ehange in non conforming use is to be considered under Regulation 44, or when the develop- ment proposed is isted as a discretionary use in Schedule C of the Regulations, the Authority shall, at the expense ofth< applicant, give notice of an application for a permit or for approval in principle, by public advertisement in a newspaper circulating in the area. 2) When a variance s necessary under Regulation 6, and the Authority wishes to consider whether to authorize such a 1 ariance from development standards, the Authority shall give written notice of the proposed varianc< to all persons whose land is in the immediate vicinity of the land that is the subject of the variance. 28. Right of Enti y The Authority, the Dil ector, or any inspector may enter upon any public or private land and may at all reasonable times ente1 any development or building upon the land for the purpose of making surveys or examinations or obtaii ting information relative to the carrying out of any development, construction, alteration, repair, or a11y other works whatsoever which the Authority is empowered to regulate. D. W. Knight Associate: page 16 Town of L'Anse au Loup Development Regulations 2014 - 2024 29. Record of Vic lations Every inspector shall keep a record of any violation of these regulations which comes to his knowledge and report that violation to the Authority. 30. Stop Work 0 ·der and Prosecution 1) Where a person b< gins a development contrary or apparently contrary to these Regulations, the Authority may ore er that person to stop the development or work connected therewith pending final adjudication in an' prosecution arising out of the development. 2) A person who doe; not comply with an order made under Regulation 35(1) is guilty of an offence under the provisio 1s of the Act. 31 Delegation of Powers (Refer to Minister's Development Regulalion.s, Section 18, January 2, 2001) An Authority shall, wt ere designating employees to whom a power is to be delegated under subsection 109(2) oftl1e Act, mak' that designation in writing. PA ~T II - GENERAL DEVELOPMENT STANDARDS 32. Accesses and Service Streets I) Access shall be lo :ated to the specification of the Authority so as to ensure the greatest possible convenience and 5 afety of the street system and the Authority may prescribe the construction of service streets to reduce tl.e number of accesses to collector and arterial streets. 2) No vehicular acce ;s shall be closer than I 0 metres to the street line of any street intersection. 33. Accessory Buildings 1) Accessory buildin ~s 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. 2) No accessory buil ling or part thereof shall project in front of any building line. 3) The side yard req1 irements set out in the use zone tables in these Regulations shall apply to accessory buildings wherev< r they are located on the lot but accessory buildings on two (2) adjoining properties may be built to pr >perty boundaries, provided they shall be of fire resistant construction and have a common firewall. 34. Advertisemer ts Advertisements shall rot be erected or displayed except in accordance with Part Ill of these Regulations. 35. Buffer Strips Where any industrial c evelopment permitted in any Use Zone abuts an existing or proposed residential area, or is separated from it JY a road only, the owner of the site of the industrial development shall provide a buffer strip not less th< n ten (10) metres wide between any residential activity and the industrial area. The buffer shall include th< provision of such natural or structural barrier as may be required by the Authority and shall be maintaine l by the owner or occupier to the satisfaction of the Authority. 36. Building Hei1 ht The Authority may pe mit the erection of buildings of a height greater than that specified in Schedule C, but in such cases the build ng line setback and rear yard requirements shall be varied as follows: D. W. Knight Associates page Town of L'Anse au Loup Development Regulations 2014 - 2024 I) The building line 'etback shall be increased by 2 metres for every 1 metre increase in height. 2) The rear yard shal not be less than the minimum building line setback calculated as described in (I) above plus 6 metn ·s. 37. 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 n- :w buildings to be located on those building lines, whether or not such building lines conform to the standar ls set out in the tables in Schedule C of these Regulations. 38. Family and Group Care Centres Family group care cen re use is permitted in any dwelling or apartment that is adequate in size to accommodate the num Jer of persons living in the group, inclusive of staff, provided that in the opinion of the Authority, the use ·>fthe dwelling does not materially differ from, nor adversely affect, the amenities of the adjacent residence~, or the neighbourhood in which it is located. The Authority may require special access and safety featc res to be provided for the occupants before occupancy is permitted. 39. Height Exceptions The height requiremer ts prescribed in Schedule C of these Regulations may be waived in the case of communication masts md antennae, flagpoles, water towers, spires, belfries, or chimneys, but any such waiver which results iJ Lan increase of more than I 0% of the permitted height of the structure shall only be authorized under the p ·ovisions of Regulation 6 and with notice given tmder the provisions of Regulation 27(2). 40. Livestock Str ~ctures and Uses 1) No structure design 'd to contain more than five animal units shall be erected or used unless it complies with the following req iirements: a) The structure shal be at least 600 m from a residence, (except a farm residence or a residence which is a non-conforming use in any zone in which agriculture is a permitted use class in the Use Zone Tables in Schedule C oft wse Regulations), and, from an area designated for residential use in an approved Plan, and, from a 'rovincial or Federal Park. b) The structure shal be at least 60 m from the boundary of the property on which it is to be erected. c) The structure shal be at least 90 m from the centre line of a street. d) The erection of th: structure shall be approved by the Department of Natural Resources and the Department of Environment & Conservation. 2) No development 1 )f residential use shall be permitted within 600 m of an existing structure designed to contain more than five animal units unless the development is first approved by the Department of Natural Resource' . 41. Lot Area l) No lot shall be re luced in area, either by the conveyance or alienation of any portion thereof or otherwise, so that any building or stnicture on such lot shall have a lot coverage that exceeds, or a front yard, rear yard, si Je yard, frontage or lot area that is less than that permitted by these Regulations for the zone in whict such lot is located. 2) Where any part o 'a lot is required by these Regulations to be reserved as a yard, it shall continue to be so used regardles: of any change in the ownership of the lot or any part thereof, and shall not be deemed to form r art of an adjacent lot for the purpose of computing the area thereof available for building purpose' . D. W. Knight Associate' : page 18 Town of L'Anse au Loup Development Regulations 2014 - 2024 42. 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 pe1n1it the owner or purchaser of such a lot or lots to comply with the provi: ions of these Regulations, then these Regulations shall not prevent the issuing of a pennit by the Authorit / for the erection of a dwelling thereon, provided that the lot coverage and height are not greater than, and tl e yards and floor area are not less than the standards set out in these Regulations. 43. Lot Frontage Except where specific- lly provided for in the Use Zone Tables in Schedule C of these Regulations, no residential or commercial building shall be erected unless the lot on which it is situated fronts directly onto a street or forms part of a Comprehensive Development Scheme. 44. N on-Conforn ing Use (Refer to Minister's Development Regulations, Section 14, 15. 16, 17. January 2, 2001) l) Notwithstanding t 1e Municipal Plan, scheme or regulations made under this Urban and Rural Planning Act, 200 I, the Au hority shall, in accordance with regulations made under this Act, allow a development or u: e ofland to continue in a manner that does not confonn with a regulation, scheme, or plan that applies t· >that land provided that the non-confonning use legally existed before the registration under section 24 of the Act, scheme or regulations made with respect to that kind of development or u: e. 2) Notwithstanding rnbsection (1 ), a right to resume a discontinued non-conforming use ofland shall not exceed 3 years aft !r the discontinuance of that use. 3) A building, struct11re or development that does not confonn to a scheme, plan or regulations made under the Act that is allowed to continue under subsection (1) shall not be internally or externally varied, extended ( r expanded unless otherwise approved by the Authority; a) shall not be structurally modified except as required for the safety of the building, structure or developr 1ent; b) shall not be reconstructed or repah'ed for use hi the same non-confonning manner where 50% or more '>f the value of that building, structure or development has been destroyed; c) have the existing use for that building, structure or development varied by the Authority to a use that is, in the Authority's opinion, more compatible with the plan and regulations applicab e to it; d) may hay., the existing building extended by approval of the Authority where, in the Authori~''s opinion, the extension is not more than 50% of the existing building; e) where th' non-conformance is with respect to the standards included in these development regulatio os, shall not be expanded if the expansion would increase the non-confonnity and an expansio" must comply with the development standards applicable to that building, structure or deveh pment; t) where th' building or structure is primarily zoned and used for residential purposes, it may, in accordar ce with the municipal plan and regulations, be repaired or rebuilt where 50% or more of the va,ue of that building or structure is destroyed but the residential building or structure, where b< ing repaired or rebuilt, must be repaired or rebuilt in accordance with the plan and developr 1ent regulations applicable to \hat building or structure. 4) When making ad :cision 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< ther means give public notice of an application to vary the existing use of a non- confonning build ng, structure or development and shall consider' any representations or submissions received in respoi se to that advertisement. D. W. Knight Associate! page 19 Town of L'Anse au Loup Development Regulations 2014 - 2024 45. Offensive and Dangerous Uses No building or land sh; 111 be used for any purpose which may be dangerous by causing or promoting fires or other hazards or which may en1it noxious, offensive or dangerous fun1es, sn1oke, gases, radiation, sn1ells, ash, dust or grit, exces: ive 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 havingjurisdiction. 46. Off-street P111 king Requirements I) For every buildin1, structure or use to be erected, enlarged or established, there shall be provided and maintained a quan :ity of off-street parking spaces sufficient to ensure that the flow of traffic on adjacent streets is 1ot impeded by the on-street parking of vehicles associated with that building, structure or use. 2) The number of pat king spaces to be provided for any building, structure, use of occupancy shall con- form to the standa ·ds set out in Schedule D of these Regulations. 3) Each parking spac '- except in the case of one or two-family dwellings, shall be made accessible by means of a hard st rfaced right-of-way at least 3 m in width. Parking required in a Residential Zone shall be provided' m the same lot as the dwelling or dwellings. Parking space for apartments shall be provided in the re; r yard where possible. In a Non-Residential Zone, parking spaces shall be provided within the limits o fthe zone in which the use is situated and not more than a 200 m distance from the use concerned. 4) The parking facili ies required by this Regulation shall, except in the case of single or attached dwellings, be arra 1ged so that it is not necessary for any vehicle to reverse onto or from a street. 5) Where, in these R 'gulations, parking facilities for more than four vehicles are required or permitted: a) parking SJace shall mean an area ofland, not less than 15m2 in size, capable of being used for the parki 1g of a vehicle without the need to move other vehicles on adjacent areas. b) the parki 1g area shall be constructed and maintained to the specifications of the Authority; c) the lights used for illumination of the parking area shall be so arranged as to divert the light away fro n adjacent development; d) a structu1 e, not more than 3 m in height and more than 5 m' in area may be erected in the parking 'rea for the use of attendants in the area; e) except in zones in which a service station is a permitted use, no gasoline pump or other service station e< uipment shall be located or maintained on a parking area; I) no part o ·any oft~street parking area shall be closer than 1.5 m to the front lot line in any zone; g) access to parking areas in non-residential zones shall not be by way ofresidential zones; h) where a 11arking area is in or abuts a residential zone, a natural or structural barrier at least 1 m in height shall be erected and maintained along all lot lines; i) where, ir the opinion of the Authority, strict application of the above parking requirements is impracti1 al or undesirable, the Authority may as a condition of a permit require the developer to pay a: ervice levy in accordance with these Regulations in lieu of the provision ofa parking area, and the full amount of the levy charged shall be used by the Authority for the provision and upkeep of alternative parking facilities within the general vicinity of the development. 47. Off-Street Loading Requirements I) For every buildin1 ;, structure or use to be erected, enlarged or established requiring the shipping, loading or unload ng of animals, goods, wares or merchandise, there shall be provided and maintained for the premises I< 'ading facilities on land 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 ace< ss by a driveway of a minimum width of 6 m to a street. 2) The number of lo: .ding spaces to be provided shall be detennined by the Authority. D. W. Knight Associates page20 Town of L'Anse au Loup Development Regulations 2014- 2024 3) The loading facilit es required by this Regulation shall be so arranged that vehicles can manoeuvre clear of any street and so tlu tit is not necessary for any vehicle to reverse onto or from a street. 48. Parks and Pb ygrounds, and Conservation Uses Nothing in these Regu ations shall prevent the designation of conservation areas or the establishment of parks and playgrounds in any zones provided that such parks and playgrounds are not located in areas which may be hazardo is to their use and are not operated for commercial purposes. 49. Screening and Landscaping The Authority may, in the case of existing unsightly development, order the owner or occupier to provide adequate and suitable I andscaping or screening; and for this purpose may require the submission of an application giving deti ils of the landscaping or screening, and these Regulations shall then apply to that application. The provi ~ion of adequate and suitable landscaping or screening may be made a condition of any development perrr it where, in the opinion of the Authority, the landscaping or screening is desirable to preserve amenity, or p lltect the environrr1ent. 50. Services and . >ublic Utilities The Authority may wi hin any zone permit land to be used in conjunction with the provision of public services and public uti ities if the use of that land is necessary to the proper operation of the public service or public utility conce1 ned provided that the design and landscaping of any development of any land so used is, in the opinion ofth< Authority, adequate to protect the character and appearance of the area. 51. Service Statfo ns The following require nents shall apply to all proposed service stations: a) All gasol me pumps shall be located on pump islands designed for such purpose, and to which automob Jes may gain access from either side. b) Pump isl 1nds shall be set back at least 4 metres from the front lot line. c) Accesse' 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 ines at the junction shall be I 0 metres and the lot line between entrances shall be clearly ir dicated. 52. Side Yards A side yard shall be k< pt clear of obstruction and shall be provided on the exposed sides of every building in order to provide ace ess for the maintenance of that building. 53. Street Construction Standards A new street may not >e constructed except in accordance with and to the design and specifications laid down by the Authoril). 54. Subsidiary A 1artments Subsidiary apartments may be permitted in single dwellings only, and for the purposes of calculating lot area and yard require11Lents, shall be considered part of the selt~contained dwelling. 55. Un-subdividtd Land Development is not pt rmitted on un-subdivided land unless sufficient area is reserved to satisfy the yard and other allowances' ailed for in the Use Zone in which it is located and the allowances shall be retained when the adjacent lan1 I is developed. D. W. Knight Associate.! page Town of L'Anse au Loup Development Regulations 2014 - 2024 56. Zero Lot Lim and Other Comprehensive Development The Authority may, at .ts discretion, approve the erection of dwellings which are designed to form part of a zero lot line developm1 nt or other comprehensive layout which does not, with the exception of dwelling unit floor area, meet th' requirements of the Use Zone Table in Schedule C, provided that the dwellings are designed to provide bo .h privacy and reasonable access to natural daylight and the overall density within the layout conforms to the regulations and standards set out in the Use Zone Table apply where the layout adjoins other developn ent. PART III-ADVERTISEMENTS 57. Permit Requi ·ed No advertisement shal: be erected or displayed in the Planning Area unless a permit for the advertisement is first obtained from the Authority. A permit for erection or display of advertisement on Provincial Highways shall be obt; ined from the Government Service Centre. 58. Form of Application Application for a penn it to erect or display an advertisement shall be made to the Authority in accordance with Regulation 16. 59. Advertisements Prohibited in Street Reservation No advertisement shal be permitted to be erected or displayed within, on or over any highway or street reservation. 60. Permit Valid for Limited Period A permit granted unde ·these Regulations for the erection or display of an advertisement shall be for a limited period, not exc,eding two years, but may be renewed at the discretion of the Authority for similar periods. 61. Removal of Advertisements Notwithstanding the p1 ovisions of these Regulations, the Authority may require the removal of any advertisement which, i 1 its opinion, is: a) hazardou; to road traffic by reason of its siring, colour, illumination, or structural condition, or; b) detrimen al to the amenities of the surrounding area. 62. Advertisemer ts Exempt from Control The following adverti! ements may be erected or displayed in the Planning Area without application to the Authority: a) on a dwe ling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m' in area; b) on an ag1 icultural holding or farm, a notice board not exceeding I rn' in area and relating to the oper< tions being conducted on the land; c) on land l sed for forestry purposes, signs or notices not exceeding 1 m' in area and relating to forestry < perations or the location of logging operations conducted on the land; d) on land L sed for mining or quarrying operations, a notice board not exceeding I m' in area relating t J the operation conducted on the land; D.W. Knight Associates pago22 Town of L'Anse au Loup Development Regulations 2014 - 2024 e) on a dwe ling or the grounds of a dwelling, one nameplate not exceeding 0.2 m' in area in connectic n with the practice of a professional person carried on in the premises; t) on any si e occupied by a church, school, library, art gallery, museum, institution or cemetery, one notic ~ board not exceeding 1 m' in area; g) on the pr ncipal facade of any commercial, industrial or public building, the name of the building '>r 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 p< rking lot directional signs and one sign not exceeding I m' in size, identifying the parking l it. 63. Approval Sut ject to Conditions A pem1it may only be ssued for the erection or display of advertisements which comply with the appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these Regulations. 64. Non-Conforrr ing Uses Notwithstanding the p1 ovisions of Regulation 62, a permit may be used for the erection or display of advertisements on a bt ilding 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 advertisement does not exceed the size and type of advertisement which could be pennit ed if the development was in a Use Zone appropriate to its use, and subject to any other conditions deem -d appropriate by the Authority. PART IV - SUBDIVISION OF LAND 65. Permit Required No land in the Plannin s Area shall be subdivided unless a permit for the development of the subdivision is first obtained from the Authority. 66. Services to bE Provided No permit shall be iss1 ed for the development of a subdivision unless provisions satisfactory to the Authority have been rr ade in the application for a supply of drinking water, a properly designed sewage disposal system, and a properly designed storm drainage system. 67. Payment of S !l'Yice Levies and Other Charges No permit shall be iss Jed for the development of a subdivision nntil agreement has been reached for the payment of all fees le\ ied by the Authority for connection to services, utilities and streets deemed necessary for the proper develop nent of the subdivision, and all service levies and other charges imposed under Regulations 8 and 9. 68. Issue of Perm it Subject to Considerations A permit shall not be i ;sued when, in the opinion of the Authority, the development of a subdivision does not contribute to the o derly growth of the municipality and does not demonstrate sound design principles. In considering an appl cation, 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 provisio is of the Plan and Regulations affecting the site; d)the land use physical form and character of adjacent developments; e)the transpor ation network and traffic densities affecting the site; t) the relatiom hip of the project to existing or potential sources of nuisance; D. W. Knight Assoc/at~ page 23 Town of l'Anse au Loup Development Regulations 2014 - 2024 g)soil and subi oil characteristics; h)the topograp 1y of the site and its drainage; i) natural featu ·es such as lakes, streams, topsoil, trees and shrubs; j) prevailing winds; k)visual qualit 1; 1) community 8:cilities; m) energy con -ervation; n)such other rr alters as may affect the proposed development. 69. Building Pernits Required Notwithstanding the a11proval of a subdivision by the Authority, a separate building permit shall be obtained for each building prop ised to be erected in the area of Lhe subdivision, and no building permit for any building in the area sh ill be issued until the developer has complied with all the provisions of these Regulations with resp( et to the development of the subdivision. 70. Form of Application Application for a perr 1it to develop a subdivision shall be made to the Authority in accordance wilh Regulation 16. 71. Subdivision Subject to Zoning The subdivision oflanJ shall be pem1illed only in conformity with the Use Zones delineated on the Zoning Maps. 72. Building Lim s The Authority may esl ablish building lines for any subdivision street and require any new building to be located on such buildi 1g lines. 73. Land for Pul:J lie Open Space l) Before a develop11ent commences, the developer shall, ifrequired, dedicate to the Authority, at no cost to the Authority, ' n area of land equivalent to not more than I 0% of the gross area of the subdivision or 25 m' for every d· veiling unit permitted in the subdivision, whichever is the greater, for public open space, provided tl at: a) where land i; subdivided for any purpose other than residential use, the Authority shall determine the percenta ~e of land to be dedicated; b)it; in the opi1ion of the Authority, no public open space is required, the land may be used for such other public use as the Authority may determine; c) 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 opinio 1 is incapable of development for any purpose; d)lhe Authority may accept from the developer in lieu of such area or areas of land the payment of a sum ofmon :y equal to the value of the land which would otherwise be required to be dedicated; e)money rece ved by the Authority in accordance with Regulation 73(1 )(d) above, shall be reserved by the Auth lrity for the purpose of the acquisition or development of land for public open space or other put lie purpose. (2) Land dedicated foi 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. D. W. Knight Associate: page Town of L'Anse au Loup Development Regulations 2014 -2024 (3) The Authority ma~ require a strip of land to be reserved and remain undeveloped along the banks of any river, brook or por d, and this land may, at the discretion of the Authority, constitute the requirement of land for public use unc er Regulation 73(1 ). 74. Structure in~ treet Reservation The placing within an) street reservation of any structure (for example, a hydro pole, telegraph or telephone pole, fire hydrant, mail box, fire alann, sign post) shall receive the prior approval of the Authority which shall be satisfied on th" question of safe construction and relationship to the adjoining buildings and other structures within the st ·eet reservation. 75. Subdivision [ esign Standards No permit shall be isst ed for the development of a subdivision under these Regulations unless the design of the subdivision confor ns to the following standards: a) The finished grade of streets shall not exceed 10 percent b )Every cul-d< -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: 200m in treas 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 Municip; 1 and Provincial Affairs in connection with municipal five-year capital works program ~ligibility. 300m in treas not served by or planned to be served by municipal piped water and sewer services. d)Emergency ·'chicle access to a cul-de-sac shall be not less than 3 m wide and shall connect the head of the < ul-de-sac with an adjacent street. e) No cul-de-s; c shall be located so as to appear to terminate a collector street. f) New subdiv sions shall have street connections with an existing street or streets. g)All street int ~rsections shall be constructed within 5E of a right angle and this alignment shall be maintained I or 30 m from the intersection. h) No street int "section shall be closer tltan 60 m to any other street intersection. i) No more than four streets shall join at any street intersection. j) No residenti 11 street block shall be longer than 490 m between street intersections. k)Streets in re: idential subdivisions shall be designed in accordance with the approved standards of the Authorit 1, but in the absence of such standards, shall conform to the following minimum standards: No lot in .ended for residential purposes shall have a depth exceeding four times the frontage. Resident al lots shall not be permitted which abut a local street at both front and rear lot lines. The Autl .ority may require any existing natural, historical or architectural feature or part thereof t- > be retained when a subdivision is developed. Land sh< II not be subdivided in such a manner as to prejudice tbe development of adjoining land. 76. Engineer to I>esign Works and Certify Construction Layout I) Plans and spe' ifications for all water mains, hydrants, sanitary sewers, stonn sewers and all appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other utilities deemed neces: ary by the Authority to service the area proposed to be developed or subdivided shall be designed ar d prepared by or approved by the Engineer. Such designs and specifications shall, upon approval by the Authority, be incorporated in the plan of subdivision. D. W. Knight Associate~ page 25 Town of L'Anse au Loup Development Regulations 2014- 2024 2) Upon approval by the Authority of the proposed subdivision, the Engineer shall certify all work of construction la rout preliminary to the construction of the works and thereupon the developer shall proceed to the :onstruclion and installation, at his own cost and in accordance with the approved de- signs and specifications and the construction layout cettified by the Engineer, of all such water mains, hydrant;, sanitary sewers and all appurtenances and of all such streets and other works deemed necess 1ry by the Authority to service the said area. 77. Developer to Pay Engineer's Pees and Charges The developer shall pa 1 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 Iota cost of materials and labour for the consnuction and installation of all works calculated in accordan- 'e with the Schedule of Fees recommended by the Association of Professional Engineers ofNewfoun lland and in effect at t11e time the work is carried out. 78. Street Works May Be Deferred The construction and i11stallation of all curbs and gutters, catch basins, sidewalks and paving specified by the Authority as being 1ecessary, may, at the Authority's discretion, be deferred until a later stage of the work on the developm- :nt of the subdivision but the developer shall deposit with the Authority before approval of his appliea ;ion, an amount estimated by the Engineer as reasonably sutlicient to cover the cost of construction and ins ;allation of the works. In the later stage of the work of development, the Authority shall call for tenders fc r the work of construction and installation of the works, and the amount so deposited by the developer shall Je applied towards payment oflhe contract cost. lfthe contract cost exceeds the deposit, the developer ;hall pay to the Authority the amount of the excess. lfthe contract price is less than the deposit, the Autho1 ity shall refund the amount by which the deposit exceeds the contract price. Any amount so deposited" ith the Authority by the developer shall be placed in a separate savings account in a bank and all interest e< med thereon shall be credited to the developer, 79, Transfer of S reets and Utilities to Authority 1) The developer shall following the approval of the subdivision ofland and upon request of the Authority, transfer to the Authoril y, at no cost to the Authority, and clear of all liens and encumbrances: a) all lands in the area proposed lo be developed or subdivided which are approved and designated by the Authority f )f public uses as streets, or other rights-of-way, or for other public use; b )all services or mblic works including streets, water supply and distribution and sanitary an storm drainage syste11s installed in the subdivision that are normally owned and operated by the Authority. 2) Before the Authorit:, shall accept the transfer of lands, services or public works of any subdivision, the Engineer shall, at th'' cost to the developer, test the streets, services and public works installed in the subdivision and cett fy his satisfaction with their installation. 3) The Authority shal not provide maintenance for any street, service or public work in any subdivision until such time as s 1ch street, service or public work has been transferred to and accepted by the Authority. 80. Restriction 01, Sale of Lots The developer shall nc t develop or dispose of any lot within a subdivision for the purposes of developrnent and no building permi1 shall be issued until the Authority is satisfied that: a) the lot can be ; erved with satisfactory water supply and sewage disposal systems, and b)satisfactory ac1 ;ess to a street is provided for the lots. 81. Grouping of Buildings and Landscaping a) Each plan of sc tbdivision shall make provision for the grouping of building types and for landscaping in order to enhance the visual aspects of the completed development and to make the D.W. Knight Associates page 26 Town of L'Anse au Loup Development Regulations 2014 - 2024 most use of ex sting topography and vegetation. b)Building grou1 ings, once approved by the Authority, shall not be changed without written application to 1.nd subsequent approval of the Authority. PART V - USE ZONES 82. Use Zones a) For the purpos' of these Regulations, the Planning Area is divided into Use Zones which are shown on the Zoning \1aps attached to and forming part of these Regulations. b)The permitted Jse classes, discretionary use classes, standards, requirements and conditions applicable to e<ch Use Zone are set out in the Use Zone Tables in Schedule C of these Regulations. c) Where standar is, requirements and conditions applicable in a Use Zone are not set out in the Use Zone Tables ir Schedule C, the Authority may in its discretion, determine the standards, requirements and conditions which shall apply. 83. Use Classes The specific uses to be included in each Use Class set out in the Use Zone Tables in Schedule C shall be determined by the Aut 1ority in accordance with the classification and examples set out in Schedule B. 84. Permitted Us :s Subject to these Regul ;lions, the uses that fall within the Permitted Use Classes set out in the appropriate Use Zone Table in Scl edule C shall be permitted by the Authority in that Use Zone. 85. Discretionat) Uses Subject to these Regul ;tions, the uses that fall within the Discretionary Use Classes set out in the appropriate Use Zone fable in Schedule C may be permitted in that Use Zone if the Authority is satisfied that the development 11ould not be contrary to the general intent and purpose of these Regulations, the Municipal Plan, or an:, further scheme or plan or regulation pursuant thereto, and to the public interest, and if the Authority has gi 1en notice of the application in accordance with Regulation 32 and has considered any objections or repr :sentations which may have been received on the matter. 86. Uses Not Per, nitted Uses that do not fall\\ ithin the Permitted Use Classes or Discretionary Use Classes set out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone. D. W. Knight Associate' page 27 Town of L'Anse au Loup Development Regulations 2014 - 2024 SCHEDULE A DEFINITIONS ACCESS: A way usec or intended to be used by vehicles, pedestrians or animals in order to go from a street to adjacent or ne 1rby land or to go from that land to the street. (Refer to Minister's Development Regulations, January;, 2001) ACCESSORY BUILJllNG: a) A detach, :d subordinate building not used as a dwelling, located on the sa1ne lot as the n1ain building o which it is an accessory and which has a use that is customarily incidental or complem ~ntary to the main use of the building or land, b) for resid( ntial uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses, cold fran es, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and televisio1 antennae, c) for comn ercial uses, workshops or garages, and d) for indus rial uses, garages, offices, raised ramps and docks. (Refer to Minster's Developmenl Regulations, .January 2, 2001) 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 Minister's Development Regulations, January 2, 200 I) ACT: The Urban and tural Planning Act, 2000. ADVERTISEMENT: Any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated 01 not, in the nature of and employed wholly or in part for the purposes of advertisement, announ oement or direction; excluding such things employed wholly as a memorial, or functional advertisem< nt of Councils, or other local authorities, public utilities and public transport undertakers, and inclw ling any boarding or similar structure used or adapted for use for the display of advertisements. AGRICULTURE: H<>rticulture, fruit growing, grain growing, seed growing, dairy farming, the breeding or rearing of livestock, in ~luding any creature kept for the production of food, wool, skins, or fur, or for the purpose of its use in t[· e farming ofland, the use ofland as grazing land, meadow land, osier land, market gardens and nursery g1 ounds and the use of land for woodlands where that use is ancillary to the farming of land for any other pufj -ose. "Agricultural" shall be construed accordingly. AMUSEMENT USE The use of land or buildings equipped for the playing of electronic, mechanical, or other games and amus !ments including electronic games, pinball games and slot machine arcades and billiard and pool halls, ANIMAL UNIT: An:· one of the following animals or groups of animals: 1 bull; 1000 broiler cl 1ickens or roosters ( 1.8 - 2.3 kg each); 1 cow (includi 1g calf); I 00 female mi 1k (including associated males and kits); 4 goats; X hogs (based on 453.6 kg~ I unit); 1 horse (inclu( ing foal); D. W. Knight Associate- page2B Town of L'Anse au Loup Development Regulations 2014 2024 125 laying hens; 4 sheep (incluc ing lambs); I sow or breed sow (including weaners and growers based on 453.6 kg 1 unit); X turkeys, due <S, geese (based on 2,268 kg= 1 unit). APARTMENT BUil DING: A building containing three or more dwelling units, but does not include a row dwelling. APPLICANT: A peCT on who has applied to an Authority for an approval or permit to carry out a development. APPEAL BOARD: 1 he appropriate Appeal Board established under the Act. ARTERIAL STREE' r: The streets in the Planning Area constituting the main traffic arteries of the area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map. AUTHORITY: The 1 own Cowtcil ofL'Anse au Loup. BED AND BREAKF <\.ST: A single, double or row dwelling, occupied by the property owner or the Bed and Breakfast host as.' primary residence, where at least one, and up to four rooms are offered for overnight accommodation and a meal (breakfast) to registered guests, for a fee. BOARDING HOUSI :: A dwelling in which at least 2 rooms are regularly rented to persons other than the immediate family of tl 1e owner or tenant. BUILDING: Every structure, erection, excavation, alteration or improvement whatsoever placed on, over or under land, or attac 1ed, anchored or moored to land, and includes mobile structures, vehicles and marine vessels adapted or cor structed for residential, commercial, industrial and other like uses, and any part of a building as so defined and any fixtures that form part of a building. BUILDING HEIGH[: The vertical distance, measured in metres from the established grade to: i) the high1 st point of the roof surface ofa t1at root; ii) the deck line of a mansard roof, or iii) the mea1 height level between the eave and the ridge of a gable, hip or gambrel roof. A building height shal not include mechanical structures, smokestacks, steeples and purely ornamental structures above a roof (Refer to Minister's Development Regulations, January 2, 2001) BUILDING LINE: J line established by an Authority that runs parallel to a street line and is set at the closest point to a strec t that a building may be placed. (Refer to Minister ·s Development Regulations, January 2, 200 I) CATERING: A use 5 uch as a restaurant, cafe, bar or lounge which supplies food and/or beverages to be consumed on or off the premises. COLLECTOR STR cET: A street that is designed to link local streets with arterial streets and which is designated as a collec or street in the Municipal Plan, or on the Zoning Map. DAYCARE CENTRE or DAY NURSERY: A building or part of a building in which services and activities are regular!) provided to children of pre-school age during the full daytime period as defined under the Day Nurser es Act, but does not include a school as defined by the Schools Act. DEVELOPMENT: fhe carrying out of any building, engineering, mining or other operations in, on, over, or under land, or the r 1aking of any material change in the use, or the intensity of use of any land, buildings, D. W. Knight Associate'' pago 29 Town of L'Anse au Loup Development Regulations 2014 2024 or premise and withou limiting the generality of the foregoing, shall specifically include: a) the making of an' ccess onto a highway, road or way; b) the erection of an ldvertisement or sign; c) the parking of a tr 1iler, or vehicle of any description used for the sale of refreshments or merchandise, or as an office, or for living accommodation, for any period ofome; and shall exclude: the carry ng 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 th< external appearance or use of the building; the carry ng out by a highway Authority of any works required for the maintenance or improve11ent of a road, being works carried out on land within the boundaries of the road reservati- in; the carry ng 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, includini the breaking open of any street or other land for that purpose; the use o 'any building or land within the comtyard of a dwelling house for any purpose incident2 I to the enjoyment of the dwelling house as such. DEVELOPMENT R IGULATIONS: Regulations respecting development that have been enacted by the relevant Authority, DISCRETIONARY 1 JSE: A use that is listed within the discretionary use classes established in the use zone tables of an Auth Jrity's development regulations. (Refer to Minister's Development Regulations, January 2, 2001) DIRECTOR: The Dii ector of Urban and Rural Planoing. DOUBLE DWELLH JG: A building containing two dwelling uuits, placed one above the other, or side by side, but does not incl11de a self-contained dwelling containing a subsidiary apartment. DWELLING UNIT: I\ self-contained unit consisting of one or more habitable rooms used or designed as the living quarters for )!le household. ENGINEER: A prof:ssional engineer employed or retained by the Authority. ESTABLISHED GR \DE: a) where used in refi rence to a building, the average elevation of the finished surface of the ground where it meets the exteri )r 01· the front of that building exclusive of any artificial embankment or entrenchment, or b) where used in refi <rence to a structure that is not a building, the average elevation of the finished grade of the ground imnediately surrounding the structure, exclusive of any artificial embankment or entrenchment. (R, fer to Minister's Development Regulations, January 2, 200 I) FAMILY AND GROUP CARE CENTRE: A dwelling accommodating up to but no more than six (6) persons exclusive of s aff in a home-like setting. Subject to the size limitation, this definition includes, but is not limited to, the fi cilities called "Group Home", "Halfway House", and "Foster Home". FLOOR AREA: The total area of all floors in a building measured to the outside face of exterior walls. (Refer to Minister's D?Velopment Regulations, January 2, 2001) FRONTAGE: The h irizontal distance between side lot lines measured at the building line. (Refer to Minister's Developme1t Regulations, January 2, 2001) FRONT YARD DEF TH: The distance between the front lot line of a lot and the front wall of the main building on the lot. D. W. Knight Associate! page 30 Town of L'Anse au Loup Development Regulations 2014- 2024 GARAGE: A buildin! erected for the storage of motor vehicles as an ancillary use to a main building on the lot. GENERAL IND UST 'l.Y: The use ofland or buildings for the purpose of storing, assembling, altering, repairing, manufacturi 1g, fabricating, packing, canning, preparing, breaking up, demolishing, or treating any article, commodit) or substance. "Industry" shall be construed accordingly. GENERAL GARAG ':: Land or buildings used exclusively for repair, maintenance and storage of motor vehic Jes and may inch de the sale of gasoline or diesel oil. HAZARDOUS INDl STRY: 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 haza ·d. INSPECTOR: Any p :rson appointed and engaged as an Tnspector by the Authority or by any federal or provincial Authority o ·the agent thereof. INSTITUTION: A b1 ilding or part thereof occupied or used by persons who: a) are involuntarily' etained, or detained for penal or correctional put·poses, or whose liberty is restricted, or; b) require special ca1 e or treatment because of age, mental or physical limitations or medical conditions. LAND: Includes land covered by water, and buildings and structures on, over, or under the soil and fixtures that fom1 part of these buildings and structures. LIGHT INDUSTRY: Use of any land or buildings for any general industrial use that can be carried out without hazard or intn sion and without detriment to the amenity of the surrounding area by reason of noise, vibration, smell, fume:, 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 collecl or sn·eet or arterial street in the Municipal Plan, or on the Zoning Map. LODGING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons other than the immediate family of tl 1e owner or tenant. LOT: Any plot, tract · 1r parcel of land which can be considered as a unit of land for a particular use or building. (Refer to Mi. Jister 's Development Regulations, January 2, 200 l) LOT AREA: The tot: I horizontal area within the lot lines of the lot. (Refer to Minister's Development Regulations, January ?, 2001) LOT COVERAGE: The combined area of all buildings on the lot measured at the level of the lowest floor above the established ;rade expressed as a percentage of the total area of the lot. (Refer to Minister's Development Regulat.uns, January 2, 2001) MINERAL WORK! ~G: Land or buildings used for the working or extraction of any naturally occurring substance. MOBILE HOME: I transportable factory-built single family dwelling ut1it: a) which complies v ith space standards substantially equal to those laid down in the Canadian Code for Residential Cons! ruction and is in accordance with the construction standards laid down and all other applicable Provin ;ial and Municipal Codes and; D. W. Knight Associate' page 31 Town of L'Anse au Loup Development Regulations 2014 2024 b) which is designed to transport ;d on its own wheels and chassis to a mobile home lot, and subsequently supported on its ow 1 wheels, jacks, posts or piers, or on a permanent foundation and; connecte I to exterior public utilities approved by the Authority, namely, piped water, piped sewer, el ;ctricity and telephone, in order for such mobile home unit to be suitable for year round tern occupancy. MOBILE HOME PARK: A mobile home development under single or joint ownership, cared for and controlled by a mobile home park operator where individual mobile home lots are rented or leased with or without mobile home 1111its placed on them and where ownership and responsibility for the maintenance and development of site fa :ilities including underground services, access roads, communal areas, snow clearing and garbage collection. or any of them, are the responsibility of the mobile home park management, and where the mobile horn' development is classified as a mobile home park by the Authority, MOBILE HOME SU BDIVJSION: A mobile home development requiring the subdivision of land whether in single or joint ownership into two or more pieces or parcels of land for the purpose of locating thereon mobile home 1 _nits under either freehold or leasehold tenure and ''-'here the n1aintenance of streets and services is the res1 onsibility of a municipality or public Authority, and where the mobile home development is classif ed as a mobile home subdivision by the Authority. NON-CONFORMIN::; USE: means a legally existing use that is not listed as a permitted or discretionary use for the use zone in which it is located or which does not meet the development standards for that use zone. (Refer to Minist< r 's Development Regulations, January 2, 2001) OWNER: means ape ·son or an organization of persons owning or having the legal right to use the land under consideration. r Refer to Minister '.i Development Regulations, January 2, 200 I) PERMITTED USE: neans a use that is listed within the permitted use classes set out in the use zone tables of an Authority's development regulations. (Refer to Minister's Development Regulations, January 2, 2001) PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working. PROHIBITED USE: means a use that is not listed in a use zone within the permitted use classes or discretionary use class ~s 01· a use that an Authority specifies as not permitted within a use zone. (Refer to Minister's Developme 11 Regulations, January 2, 2001) REAR YARD DEPT ff: means the distance between the rear Jot line and the rear wall of the main building on the lot. (Refer to M'nister's Development Regulations, January 2. 2001) RESTAURANT: A b Jilding or part thereof, designed or intended to be used or occupied for the purpose of serving the general pu Jlic with meals or refreshments for consumption on the premises. ROW DWELLING: rhree or more dwelling units at ground level in one building, each unit separated vertically from the others. SEASONAL RESIDleNCE: A dwelling which is designed or intended for seasonal or recreational use, and is not intended for use as permanent living quarters. SERVICE STA TI Or : Any land or building used exclusively for the sale of petroleum products, automotive parts and < ccessories, minor repairs, washing and polishing of motor vehicles. SERVICE STREET: A street constructed parallel to or close to another street for the purpose of limiting direct access to that st: eet. D. W. Knight Associate£ page 32 Town of L'Anse au Loup Development Regulations 2014-2024 SHOP: A building or part thereof used for retail trade wherein the primary purpose is the selling or offering for sale of goods, war1 ~s or merchandise by retail or the selling or offering for sale of retail services but does not include an establi~ hment wherein the primary purpose is the serving of meals or refreshments, an amusement use, a gen :ral garage, or a service station. SHOPPING CENT!l E: A group of shops and complementary uses with integrated parking and which is planned, developed ar d designed as a unit containing a minimum of 5 retail establishments. SHOWROOM: A building or part of a building in which samples or patterns are displayed and in which orders may be taken£ If goods, wares or merchandise, including vehicles and equipment, for later delivery. SIDE YARD DEPTfl: means the distance between a side lot line and the nearest side wall of any building on the lot. (Refer to Minister's Development Regulations, January 2, 2001) SIGN: means a word, letter, model, placard, board, device or representation, whether illuminated or not, in the nature of or ernplc yed 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 st1 uctures used for the display of advertisements.(Rejer to Minister's Development Regulations, January !, 2001) STREET: means a st ·eet, road, highway or other way designed for the passage of vehicles and pedesn-ians and which is accessib e by fire department and other emergency vehicles. (Refer to Minister's Development Regulations, January!, 2001) STREET LINE: me~ ns the the edge of a street reservation as defined by the Authority having jurisdiction. (Refer to Minister's Levelopment Regulations, January 2, 2001) SUBDIVISION: The dividing of any land, whether in single or joint ownership, into two or more pieces for the purpose of dev 'lopment. SUBSIDIARY APAI lTMENT: 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. TAVERN: Includes' nightclub and means a building licensed or licensable under the Liquor Control Act wherein meals and food may t e served for consumption on the premises and in which entertainment may be provided. IJSE: means a buildir g or activity situated on a lot or a development permitted on a lot (Refer to Minister's Development Regulat ons, January 2, 2001) USE ZONE or ZONI :: means an area of land including buildings and water designated on the zoning map to which the uses, stand- rds and conditions of a particular use zone table apply. (R~fer to Minister's Development Regulations, January 2, 2001) VARIANCE: means 1 departure, to a maximum of 10% from the yard, area, lot coverage, setback, size, height, frontage or any other mmeric requirement of the applicable Use Zone Table of the Authority's regulations. (Refer to Minister's Develop nent Regulations, January 2, 2001) ZONING MAP: The map or maps attached to and forming part of the Authority's regulations. (Refer to Minister's Development Regulat ons, January 2, 2001) D. W. Knight Associate' page 33 Town of L'Anse au Loup Development Regulations 2014-2024 SCHEDULEB Cl ,ASSIFICA TION OF USES OF LAND AND BUILDINGS NOTE: The :la"ification of uses set out in the following table is based on the Classification of Typical Occupancies ir eluded as Table 3. 1.2.A of the National Building Code of Canada, 1980. This classification i: referred to in Regulation 83. GROUP DIVISION Cl.ASS EXAMPLES A. ASSEMB ,Y I. Assembly Uses for (a) Theatre Motion Picture Theatres USES the production and viewing T.V. Smdios 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, Interpretation Centre (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 Tem1inals Assembly (t) Club and Private Clubs and Lodges (non- Lodge residential) (g) Catering Restaurantsi Bars, Lounges, Takeouts, Catering (h) Funeral Funeral Homes and Chapels Home (i) Child Care Day Care Centres (j) Amusement Electronic Games, Arcades, Pinball Parlours, Poolrooms D. w. Knight Associate- page34 Town of L'Anse au Loup Development Regulations 2014-2024 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 Jee 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 TI ON AL 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. RESIDEN"- 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, Fan1ily & Group Homes Building D. W. Knight Assoclatei page 35 Town of L'Anse au Loup Development Regulations 2014-2024 GROUP DIVISION CLASS EXAMPLES C. RESIDE ff!AL 2. General (a) Collective Residential Colleges & Schools USES (cont nued) Residential Uses Residential University & College Halls of Residence Convents & Monasteries Nurses and Hospital Residences (b) Boarding Boarding Houses House Lodging Houses Residential ( c) Co1runercial Hotels & l\.1otels, Hostels Residential Residential Clubs, Bed and Breakfast ( d) Seasonal Summer Homes & Cabins Residential Hunting & Fishing Cabins (e) Mobile Mobile Hornes Homes D. BUSINESS 1. Business, (a) Office Offices (including Government & PERSOJ\AL Professional, and Offices), Banks SERVICE 1 JSES 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 Annliance Reoairs (d) General Self-service Laundries, Dry Cleaners Service (not using flammable or explosive substances) Small Tool and Appliance Rentals Travel A~ents D. W. Knight Associate: page 36 Town of L'Anse au Loup Development Regulations 2014-2024 GROUP DIVISION CLASS EXAMPLES D. BUS NESS& I. Business, (e) Communications Radio Stations PERSOllAL Professional & Telephone Exchanges SERVI( E USES Personal Service (continu:d) Uses (continued) (t) 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 Gl Restaurant Take-out, catering, restaurant E. MER '.::ANTILE I. Retail Sale and (a) Shopping Centre Shopping Centres USES Display Uses (b) Shop Retail Shops and Stores and Showrooms Department 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 Corner Stores Gift Shops, Specialty Shops F. INDllSTRIAL I. 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 D. W. Knight Associate : page37 Town of L'Anse au Loup Development Regulations 2014-2024 GROUI' DIVISION CLASS EXAMPLES F. INDIJST- 2. General Industrial (a) General Factories, Cold Storage Plants RIAL l SES Uses involving Industry Freight Depots, General Garages ( contin 1Led) 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, Traditional Fisheries Uses. Uses G. NOll- I. Uses not directly (a) Agriculture Commercial Farms, Hobby BUlLCING related to building Farms, Market Gardens & USES Nurseries (b) Forestry Tree Nurseries, Sylviculture (c) Mineral Quarries, Pits, Mines, Oil Wells Workino ( d) Recreational Playing Fields, Spotts Grounds, Open Space Parks Playgrounds ( e) Conservation Watersheds, Buffer Strips, Flood Plains Architectural, Historical and Scenic Sites Steep Slopes, Wildlife Sanctuaries (!)Cemetery Cemeteries, Graveyards (g) Scrap Yard Car Wrecking Yards, Junk Yards Scrap Dealers D. W. Knight Associate- page 38 Town of L'Anse au Loup Development Regulations 2014·2024 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, Ke1111els, Zoos GJ Antenna TV, Radio and Communications Transmitting and Receiving Masts and Antennae (k) Transportation Airfields, Railway Yards, Docks and Harbours D. W. Knight Associate- page 39 Town of L'Anse au Loup Development Regulations 2014-2024 SCHEDULEC USE ZONES, L 'Anse au Loup This schedul< contains tables showing the use classes that may be permitted or which may be treated as disi:retionary use classes for the purpose of these Regulations. The tables also indicate the r< :quired standards of development and may also include conditions affecting some or all of the use classes. The followin l Use Zones are included: D. W. Knight Associate: Mixed Residential Heritage Conservation Marine Industrial Industrial/Commercial Water Supply Area Rural MIX RES HC Ml TIC WSA RUR page 40 Town of L'Anse au Loup Development Regulations 2014-2024 USE ZONE TABLE ~-1e_T_it_1e_:~_M ___ ix-ed~(M~IX_)_<_L_'A~ns_e_a_u_L_o_u_p_)~~~~~--' Permitted Use Classes (see Regulation 84) Double D· veiling Mobile H< -me Boarding fome Bed and E reakfast Recreatio1 al Open Space Discretionary Use Classes (see Regulations 5 and 85) Professior al, Personal and General Service uses Office Club and I ,odge uses Service st: rtion Restauran s, Bars, Lounges and Take-out Restaurants Shops and Convenience Stores Markets Indoor and Outdoor Medical a id Professional Single D\\ elling Cultural a id Civic uses Apartmen Child Cari: Funeral H Jme Education ll Place of V r orship Indoor As ;embly Antenna Service St ition Light Indt stry Agricultu1 e Conservation D. W. Knight Associate- page41 Town of L'Anse au Loup Development Regulations 2014-2024 CONDITIONS 1. Discretionary Use Classes The discr :tionary use classes listed above 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 th' :ir development will not inhibit or prejudice the existence or the development of such uses. 2. Dev< Jopment Standards With th< exception of residential development, the development standards for this zone shall be as fol lows: a I Minimum Building Line Setback b) Minimum Side Yard Width c I Minimum Rear Yard Depth d) Maximum Height 6 metres (20 feet) 10 metres (33 ft) for development fronting on the Main Road (Straits Highway) 4 metres (13 feet) I 0 metres (33 feet) 15 metres (49 feet) Residen ial uses shall conform to the lot size and development requirements of the Residen ial (RES) zone. 3. Protection of Residential Use Adverse · :ffects of any proposed development on an adjacent existing residential use shal I be prevente< or minimized through proper site planning and the provision of buffering by the develope · to the satisfaction of the Authority. 4. Outcoor Storage Outdoor ;torage may be pem1itted in side yards and rear yards. Council may require fencing or other l ~rms of screening to prevent an unsightly appearance. 5. Serv .ce Station The folio wing development standards shall apply to proposed service stations. i) i .II gasoline pumps shall be located on pump islands designed for such purpose, and t J which automobiles may gain access from either side. ii) I ump islands shall be set back at a minimum 4 metres from the front lot line. iii) Jcccesses 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 the street shal I be 10 metres and the lot line between entrances s liall be clearly indicated. D. W. Knight Associate- page42 Town of L'Anse au Loup Development Regulations 2014-2024 6. Ligh: and General Industry Smaller s :ale light and general industrial uses such as repair, manufacturing, workshops and tradition< I uses related to the fishery may be permitted, providing they are not a hazard or nuisance to other uses. 7. Fro11tage All <level Jpment shall have street line frontage on a publicly owned and maintained road. 8. Adv1:rtisements Relating to Onsite Uses The conditions which shall apply to the erection or display of an advertisement on any lot or site occu >ied by a use permitted or existing as a legal non-conforming use in this zone, shall be as foll Jws: a) TI 1e size, shape, illumination and material construction of the advertisement shall meet the requirements of the Authority, having regard to the safety and convenience of w ers of adjacent streets and sidewalks, and the general amenities of the surrounding ar!a. b) N J advertisement shall exceed 5 sq. m. (54 sq. ft.) in area. 9. Adv-!rtisements Relating to Offsite Uses The cone itions to be applied to the erection or display of an advertisement on any site relating to a use 1 ermitted in this zone, or not relating to a specific land use, shall be as follows: a) Etch advertisement shall not exceed 3 sq. m. (32 sq. ft.) in area. When the a< vertisement relates to a specific land use, they shall be located within a reasonable distance of, and only show thereon the name and nature of the distance or direction to tl1 e premises to which they relate. b) T ie location, siting and illumination of each advertisement shall be to the satisfaction o: ·the Authority, having regard to the grade and alignment of streets, the location of st ·eetjunctions, the location of nearby buildings and preservation of the amenities of tr e surrounding area. 10. Prctection of Water Sources and Environment All deve opment applications within 15 metres of any watercourse shall be subject to the review a id approval of the Environmental Investigations Division of the Department of Envirom 1ent and Conservation. D. W. Knight Associate' page43 Town of L'Anse au Loup Development Regulations 2014-2024 Residential (RES) (L'Anse au Loup) Permitted Use Classes (see Regulation 84) Single D'>' elling Double D veiling Recreatio1 tal Open Space Conservation Discret onary Use Classes (see Regulations 5 and 85) Apartmen. Bed and E reakfast Child Cari Boarding -louse Residential Convenie1 ice Store Family anj Group Home Personal ~ .ervice Homes fo · the Aged Subsidiru; · Apartment Conditions 1 De' elopment Standards Develop1 nent standards will be as follows (see Part II, General Development Standards for definitio11 of Building Line, Side Yard, etc): Dwelling Type Vlin Lot Area Min Floor Min Min Bldg Min Side Min Rear Max Lot . m' Area .. m2 Frontage Line yard Width yard Cove rag -m Setback .. m -m Depth - m e ~ o/o ·- Single 650 80 20 8" 2 9 33 Dwelling Double 550' 80' 35 8 .. 1.5 9 33 Dwelling Apt Bldg 280' 70' 36 8 .. 5 14 33 3 Bed Apt Bldg 300' 80' 36 8" 5 14 33 4 Bed -per Jwelling urnt -- or in accordance with the requirements of Transportation & Works 1 m "3.28 sq. ft.; 1 sq. m. = 10.76 sq. ft. 2. Occ 1pancy Permit All dwellings must have properly finished exteriors and an occupancy permit must be issued by the A 1thority before the dwelling may be inhabited. D. W. Knight Associate' page 44 Max Height -m 8 8 10 10 Town of L'Anse au Loup Development Regulations 2014-2024 3. Apartment Housing Apartme1 t dwellings may be permitted to satisfy the needs of, e.g., families, seniors or other special m eds groups, provided Council is satisfied that siting and servicing requirements have bee11 met. One subs diary apartment may be permitted in a single dwelling. The minimum floor area required s 40 sq. m ( 430 sq. ft.) for a one bedroom subsidiary apartment, plus 10 sq. m. (I 08 sq. ft.) fo ·each additional bedroom. 4. Sut division Development In additi m to the requirements of Part IV, Subdivision of Land, of these Regulations, the Authorit 1 may require that: a~ street layout and placement of building lots conform to natural features and topography as much as possible; t) at least two accesses from the subdivision to a collector or arterial street be provided; c) waterbodies and watercourses be not altered and, if possible, integrated with open space and park areas; c) original trees and plant growth be left on building lots and open space areas. 5. Heri .age Buildings and Properties Building::, properties or sites that are designated as heritage or historic resources under federal, r rovincial or municipal legislation shall not be demolished, expanded or otherwise altered\\ ithout approval of the Authority and any other agency required by legislation. 6. Mobile Home i) I levelopment standards for residential development shall apply to mobile home 'levelopment with the exception of: a) Minimum floor area, and b) Minimum rear yard depth. ii) Hll standards and conditions of the provincial Mobile Home Development l ~egulations shall apply with regard to any mobile home development. 7. Bed & Breakfast and Boarding House Residential A board ng or lodging house may be permitted in any dwelling that can adequately accommodate the specified number of persons. The total number of boarders or lodgers shall no1 exceed (5) persons. A Bed a 1d Breakfast use in a dwelling may he permitted as a discretionary use to provide room an j board for tourists or the travelling public, under the following conditions: D.W. Knight Associate: page 45 Town of L'Anse au Loup Development Regulations 2014-2024 a) ·'he building in which the use takes place is similar in exterior finish, design, height i nd scale to a private dwelling, and b) ·'he use is carried out by a resident of the dwelling unit. A free-sl anding sign not exceeding 0.3 sq. m. (3.2 sq. ft.) in area and a sign on front of the building not exceeding 0.2 sq. m. (2.2 sq. ft.) in area shall be pennitted, provided they are consiste1 t with the residential character of the neighbourhood. 8. Corvenience Stores Conveni mce stores shall have a floor area not exceeding 140 sq. m. A building containing a conveni< nee store and associated parking, lighting and signs, shall be designed to blend into the chan cter of the residential area. Off-street parking shall be required. 9. Ace essory Buildings See Reg 1lation 33, General Development Standards of these regulations. 10. H<>me-Based Occupations Any bus ness or commercial activity proposed as a discretionary use may only be carried out as a Hor 1e Based Occupation in a residence or on a residential property and shall: a) 1' ot cause nuisance to the occupants of nearby residences (e.g., from parking, traffic, tDise or fumes), b) F. e located in or attached to a dwelling unit in which the operator of the use resides, or within a subsidiary building located in the rear yard of the residential lot, c) Ensure that retail sales are subsidiary to the approved use (for example, sales of products from a craft shop), d) F rovide adequate parking, and e) l' ot devote any more than the lesser of 45 sq. m. (484 sq. ft.) or 25% of the total floor a ·ea of the dwelling to the non-residential use, or, if in a separate building, meet the s ze requirements for accessory buildings. D. W. Knight Associate.'.! page46 Town of L'Anse au Loup Development Regulations 2014-2024 Zon< Title: Heritage Conservation (HC) (L' Anse au Lou1) Permitted Use Classes (see Regulation 84) Conservat on Discretionary Use Classes (see Regulations 5 and 85) Recreatiot .al Open Space. Cemetery Agricultut e Seasonal I ~esidential (see Condition 6) Antenna CONDITIONS 1. Di>cretionary Use Classes The< iscrelionary use classes listed in this table may be permitted at the discretion of the Auth irity provided proper site evaluation is carried out with respect to the preservation of on-si e historic resources and with consent from the Provincial Archaeology Office. 2. Development Standards The J <riority of the Authority shall be to preserve the heritage uses existing within this use zone to the standards outlined in these regulations. The development standards for this use z llle shall be as follows: L Minimum building line setback ii. Minimum sideyard width iii. Minimum rearyard depth iv. Maximum height 3. Culiural & Civic 6 metres (20 ft) 4 metres (13 ft) I 0 metres (33 ft) 15 metres (49 ft) Uses such as a museum or interpretation centre may be permitted under certain cond tions (see Condition I). 4 Re1:reational Open Space Reen ational Open Space uses shall be limited to hiking trails and associated infra! tructure such as benches, look-off points and interpretive signage. D. W. Knight Associates page47 Town of L'Anse au Loup Development Regulations 2014-2024 5, Re,riew of Applications Coun :ii shall refer all development applications (except for minor alterations) within this Zone to the Provincial Archaeologist before granting approval. 6. Sea mnal Residential Any 11roposal for an additional cabin in Schooner Cove will be carefully assessed and the consf nt of the Provincial Archaeologist obtained before granting approval. D. w. Knight Associat., page48 Town of L'Anse au Loup Development Regulations 2014-2024 ~ '_e_T_i_tie_: __ i_nd_u_s_tr-ia_l_M_an_· n_e_(_IM_) _CL_'_An_se_au_L_o_u_p_) __ __, Permitted Use Classes (see Regulation 84) Fisheries and Marine-related uses (including fish processing and storage) Antenna Discret onary Use Classes (see Regulations 5 and 85) Transpor :ation Catering Recreati mal Open Space Utilities 1 Development Standards CONDITIONS The ~ tandards for this use zone are as follows: Mini num Building Line Setback Mini num Sideyard Width Mini num Rearyard Depth 10 metres (33 ft) 5 metres ( 16 ft) 10 metres (33 ft) 2 Wai ver of Setback Requirements Whe1 e a use permitted in the Industrial Marine zone is next to/abuts a wharf or other permitted use, Council may waive a requirement for setback from the wharf or the lot line ofth" adjoining use. 3. Transportation Tra 1sportation uses shall be restricted to docks, wharves, slipways and other such 111ari11e-related structures. 4 Catering Cat, :ring uses shall be limited to restaurants. D. W. Knight Associatel page49 Town of L'Anse au Loup Development Regulations 2014-2024 Zont Title: Industrial/Commercial (l/C) (L' Anse au Lou11) Permitted Use Classes (see Regulation 84) Indoor As ;embly Service S1ltion Outdoor ~ !arket Light Indt stry Conservation Discret onary Use Classes (see Regulations 5 and 85) General Ir dustry Cultural a id Civic Office, Shop Outdoor P .ssembly Recreatio11al Open Space Agricultu1 e Cemetery Antenna CONDITIONS 1. Dii cretionary Use Classes The, liscretionary use classes listed in this table may be permitted at the discretion of the Auth Jrity provided proper site evaluation is carried out With respect to land along the shon line leading to Schooner Cove, the preservation of on-site historic resources is of parti- :ular concern and consent from the Provincial Archaeology Office will be required. 2. Development Standards The 11riority of the Authority shall be to preserve the lands within this use zone to acco nmodate primarily commercial and light industrial uses that do not require municipal water and sewage service, that require direct highway access or proximity to the p Jblic wharf and shoreline. The development standards for this use zone shall be as folio ;vs: 1. Minimum building line setback 11. Minimum sideyard width iii. Minimum rearyard depth iv. Maximum height D. W. Knight Associate:! 6 metres (20 ft) 4 metres ( 13 ft) 10 metres (33 ft) 15 metres (49 ft) pago50 Town of L'Anse au Loup Development Regulations 2014-2024 3. Cultural & Civic Uses such as a museum or interpretation centre may be permitted under certain cond tions (see Condition I). 4. Bui fering A mi 1imum buffer of 15 metres from the high water mark will be maintained along the shore line for environmental and public access purposes (as per Section 48, Water Reso irces Act). Any development within the buffer is to be approved by the Department of Er viromnent and Conservation. Unsightly operations must be screened from public view, for the benefit of residents and touri' ts travelling the Straits Highway or hiking the Labrador Pioneer Footpath. D. W. Knight Associate1 page 51 Town of L'Anse au Loup Development Regulations 2014-2024 ~ _1e_r_i_t1e_: __ w_at_er_s_u_P_P_ly_A_re_a_(_w_s_A_)_(_L_' A_n_s_e_a_u_L_o_up_)_--' Permitted Use Classes (see Regulation 84) Conserv 1tion Recreati mal Open Space (see condition) Discret onary Use Classes (see Regulations 5 and 85) Antenna CONDITIONS 1. Bui] dings No new J ,uildings shall be permitted within the Water Supply Area except those associate 1 witl1 the L' Anse au Loup water supply system. 2. F orcstry Forestry 1 ses shall only be permitted if approved by the Department of Environment and Conserva1 ion, Water Resources Division. 3. Referrals to Department ofEnviromnent and Conservation All devel< 'pment applications within the Water Supply Area will be forwarded to the Departme 1t of Environment and Conservation for a recommendation on the potential impact of the de\ elopment on the water supply. 4. Recn:ational Open Space The uses tllowed shall be limited to passive recreational uses (e.g,, hiking and canoeing). D. W. Knight Associate" page 52 Town of L'Anse au Loup Development Regulations 2014-2024 IZon<_T_it-le_:~~R_u_ra_l_CR_UR~-)-(L_'_An~s_e_a_u_L_o_u_p)~~~~~~~~-' Permitted Use Classes (see Regulation 84) Conservat on Agricultui e Discretionary Use Classes (see Regulations 5 and 85) Mineral V. ·orking and Exploration (see Condition 2) Recreati01 al Open Space Cemetery Outdoor P ssembly Transport; .lion Antenna Solid Wa1te Disposal Forestry CONDITIONS 1. Dis< retionary Use Classes The disc1 etionary use classes listed in this zone may be pennitted at the discretion of the Authori1C provided they are compatible or complementary to uses within the permitted use classes o ·that their development will not inhibit or prejudice the existence or the developn 1ent of such uses. 2. Mini:ral Workings Council 1 nay permit mineral workings and activities associated with mineral workings subject to the fol owing conditions: 2.1 Ap1 Ucations All appli :ations for any mineral working or related development or for any development within th ~recommended buffer shall be subject to the review and approval of the Departm :nts of Natural Resources and Environment & Conservation. 2.2 Sep- ration from Adjacent Uses Unless tt e Authority is satisfied that the working will not create a nuisance and will not adverse!~ affect the amenity of the specified development or natural feature, no mineral working :hall be located closer than the minimum distances set out below to the specified developn 1ent or natural feature. D. W. Knight Associate.I! page 53 Town of L'Anse au Loup Development Regulations 2014-2024 Minimum Separution Distance of Pit or Quarry Working Existing Jr Proposed Residential Development (Borrow Pits) Bedrock ::;>uarries, or where blasting may take place Waterb0< ly or Watercourse 2.3 Sere erring 300 metres (984 fl) I OOO metres (3280 ft) 50 metres (164 ft) A minerr I working shall be screened in the following manner where it is visible from a public street or· 1ighway, developed area, or area likely to be developed during the life of the working: (a) Wh· !re no tree screens exist of sufficient width and density to constitute a visual screen, eart 1en 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 agri :ulture) or adjacent public highways and streets. The berms shall be landscaped to the <\.uthority's satisfaction. (b) Wh !fe natural topography creates a visual screen between mineral workings and adji cent land uses, additional screening may not be required. ( c) Wh lre effective screening for any mineral working or associated processing or mar ufacturing use cannot he installed or located as required above, the Authority may refr se to pennit the mineral working or associated activity. 2.4 Fendng The Autl ority may require the mineral working site or excavated area of a pit or quarry working :o be enclosed by a fence designed and constructed to its specifications and no less than 1.8 netres (6 feet) in height. 2.5 Water Pollution No mine al 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 er isses a brook or stream shall be bridged or culverted at the crossing in accordance with the 1(egulations of the Department of Environment and Conservation. 2,6 Wa1 er Ponding No mine ·al 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 m ry be permitted with the approval of the Department of Environment and Conservation. 2.7 Ero::ion Control No mine ·al working shall be carried out in a manner so as to cause erosion of adjacent land. 2.8 Site Maintenance The min·:ral working shall be kept clean of refuse, abandoned vehicles, and abandoned equipme 1t and any derelict buildings. D. W. Knight Associate: page 54 Town of L'Anse au Loup Development Regulations 2014-2024 2.9 Ace~ ss Roads During e 'tended 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 stum >s, organic material and topsoil, including the rusty coloured and iron stained layer, shall be' tripped and stockpiled at least 5 metres (16 feet) from active quarry or stockpile areas. The owner or operator shall ensure that the quantity of the topsoil is not affected by dilution 'vith other materials. 2.11 Op irating Plant and Associated Processing and Manufacturing The Autl ority may permit processing and manufacturing use associated with mineral working' provided that, in the opinion of the Authority, the use does not create a nuisance nor is liable 10 become a nuisance or offensive by the creation of noise or vibration, or by reason of the en ission of fumes, dust, dirt, objectionable odour, or by reason of unsightly storage of material'. All perm mentor temporary buildings, plants and structures associated with processing and manufac uring will be located so as not to interfere with the present or future extraction of aggregat'' resources. The Autl ority may specify a minimum separation distance between operating plant or associated processing and manufacturing structure or equipment and adjacent developed areas likdy to be developed during the life of the mineral working. 2.12 Te; mination and Site Rehabilitation Upon co npletion of the mineral working, the following work shall be carried out by the operatio>: a All buildings, machinery and equipment shall be removed. b 1 All pit and quarry 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 quarried area. d 1 The access road to the working shall be ditched or barred to the satisfaction of 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. ( 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. Pro .ection of Water Sources and Environment An envi1 :mmental buffer a minimum width of 15 metres (49 feet) shall be preserved along the D. W. Knight Associatoi page 55 Town of L'Anse au Loup Development Regulations 2014-2024 high wait r mark of all bodies of water, including rivers, streams, ponds and wetlands. Any developn ent within the water or within the designated buffer area must be approved under Section 4 8 of the Water Resources Act prior to the start of construction. 4. Ree ·eational Open Space Uses Uses ma f be permitted at the discretion of the Authority and subject to the following: i) r lo development shall be approved if it will have noticeable off-site effects from i: ollution, noise, visual impact or traffic. ii) I, site plan must be included with proposals for recreational, open space uses or for extensions of existing development. The site plan must clearly depict the layout of all f )atures such as buildings and parking areas as well as any other items that Council r 1ay require. iii) i .11 buildings associated with this development must have properly finished exteriors and be maintained to the satisfaction of Council. 5. Solid Waste Disposal If a so lie waste disposal site is proposed with the Rural Zone, it will require a buffer of not less than 1.6 km around the site to protect against smell, rodents and other adverse environr 1ental effects. 6. Agri ;ulture Uses tha1 may be permitted in this use class include traditional resource-based activities such as vegetable growing (in peat deposits) and fur farming. 7. Heri :age Preservation The Autl ority will assign high priority to the preservation of structures and sites that demonst1 ate and represent the cultural and natural heritage of L' Anse au Loup and its people, includini aboriginal sites. This will include the preservation of archaeological sites, in consultation with the Provincial Archaeology Office and the designation of heritage sites under pri -Vision 200 of the Municipalities Act, 1999. D. W. Knight Associate~ page 56 Town of L'Anse au Loup Development Regulations 2014-2024 SCHEDULED GUIDE TO OFF-STREET PARKING I. The 11ff-street parking requirements for land uses set out in Schedule Bare addressed in the fi 1llowing table. They include some uses existing in the Town and some that may be contc mplated by Council at a future date. 2. In th·: case of developments that include more than one land use, these standards shall be rega1 ded as cumulative. 3. Adee uate off-street provision for drop-off and pickup of persons shall be provided in deve opments where required, such as uses within the education, passenger assembly, child care, medical treatment and special care, commercial residential and take-out food servi :e use classes. GROUP DIV CLASS MINIMUM REQUIREMENTS A 1 a) Theatre One soace for everv 5 seats 2 a) Cultural & Civic One space/50 square meters of gross floor area. b) General One space/JO square meters of gross floor area. Assemblv c) Educational Schools - 2 spaces/classroom Further education 1 space/5 persons using the facilities (students, faculty & staft). d) Place of One space/5 seats Worshio e) Passenger As specified by the Authority Assembly t) Club & Lodge One space/3 persons that may be accommodated at one time g) Catering One space/3 persons that may be accommodated at one time ---"-·· h) Funeral Home One space/10 square meters of gross floor area i) Child Care One space/20 square meters of gross floor area il Amusement One space/I 0 square meters of gross floor area 3 a) Indoor As specified by the Authority Assemblv 4 a) Outdoor As specified by the Authority Assembly B I a) Penal & As specified by the Authority Correctional Detention 2 a) Medical One space/2 patients D. W. Knight Associate~ page 57 Town of L'Anse au Loup Development Regulations 2014-2024 Treatment & Soecial Care c I a) Single Dwelling Two spaces/dwelling unit b) Double Two spaces/dwelling unit Dwelling c) Rowp~elling Two soaces/dwellimr unit d) Apartment Three spaces/2 dwelling units Building 2 a) Collective As specified by the Authority Residential b) Commercial One space/guest room Residential c) Seasonal One space/residential unit Residential d) Mobile Home Two spaces/dwelling unit . ··-···· D I al Office One soace/20 sauare meters of gross floor area b) Medical & One space/20 square meters of gross floor area Professional c) Personal Service One space/20 square meters of gross floor area d) General Service One space/20 square meters of gross floor area i------~·····~-·-- e) Communications As specified by the Authoritv f) Police Station As specified by the Authority e l Taxi Stand As soecified bv the Authoritv h) Take-out Food One space/20 square meters of gross floor area Service i) Veterinary One space/20 square meters of gross floor area E I a) Shooning Centre One space/15 square meters of gros& floor area b) Shoo One soace/20 square meters of gross floor area c) Indoor Market As specified bv the Authority d) Outdoor Market As specified by the Authority e) Convenience One space/20 square meters of gross floor area Stores ··········-··· F I a) Hazardous One space/employee Industry ··---·---· 2 a) General Industrv One soace/emolovee b) Service Station One space/20 square meters of)ross floor area 3 a) Light Industry One space/emolovee D. W. Knight Associate~ page 58 D. W. Knight Associate- Town of L'Anse au Loup Development Regulations 2014-2024 SCHEDULEE LAND USE ZONING MAPS page 59 'l,. ~), . ' ' WSA RUR - - .~' :/) Aro::a Covered mM~pl Town of L' Anse Au Loup Development Regulations 2014-2024 Land Uses Zoning Map 1 HC - Heritage Conservation RUR-Rural WSA - Water Supply Area IC - Industrial/Commercial CJ Municipal Boundary c:Jl Planning Area Boundary ._ Water Intake water Supply Area --- Electrode Right of Way __..,._ Transmission Line Pioneer Trail Snowmobile Trails Water Course Elevation Lines Transportation Lines