Town of Lewisporte Development Regulations 2005-2015
Lewisporte, Newfoundland and Labrador
· adopted 2005-09-09
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TOWN OF LEWISPORTE
DEVELOPMENT REGULATIONS
Gazetted: September 9, 2005
Consolidation: n/a
IMPORTANT: To see if there were any changes to this plan since it
came into effect, please refer to:
List of Development Regulation Amendments
URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF LEWISPORTE
MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS
2005-2015
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
T
n Council of Lewisporte adopts the Town of Lewisporte Municipal Plan and
D velopment Regulations 2005-2015.
~
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MA!-(J)
Adopted by the Town Council of Lewisporte on the ~ day of ~
2005.
Signed and sealed this
13
C
A
day of :JurtL
,2005.
M yor:
=_~c=-----'i~':!./~,,:::::::::z:>-::=:==- (Council Seal)
CI rk:
NADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Town of Lewisporte Municipal Plan and Development
R gulations 2005-2015 has been prepared in accordance with the requirements of the
U an and Rural Planning Act.
M IP:
(MCIP Seal)
URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF LEWIS PORTE
MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS
2005-2015
Under the authority of section 16, section 17 and section 18 of the Urban and Rural
PI nning Act 2000, the Town Council of Lewisporte.
a)
b)
c)
Adopted the Town of Lewisporte Municipal Plan gt.nd Development
Regulations 2005-2015 on the ~day of ~
,2005.
2.'"2...
,..V\·-{C(+
Gave notice of the adoption of the Town of Lewisporte Municipal Plan and
Development Regulations 2005-2015 by advertisement inserted on the _
_ I 1_ day and the ~
day of
IV\ lJcy
, 2005 in the Lewisporte Pilot
newspaper.
Set the~day of
I'I\IJ..¥
at 1 '.31[)
p.m. at the Town Hall, Town of
Lewisporte for the holding of a public hearing to consider objections and
submissions.
Now under section 23 of the Urban and Rural Planning Act 2000, the Town Council
of Lewisporte approves the Town of Lewisporte Municipal Plan and Develiopment
R gulations 2005-2015 as adopted (or as amended).
SIGNED AND SEALED this .J2 day of S ~
Mayor:"-----"L--J...l-tt""7r-z--~-
(Council Seal)
;'; ':: -
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. "', ...
r: ~
,2005
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MUNICIPAL PLAN
.. -
~2
DEVELOPMENT
REGULATIONS
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®
BACKGROUND STUDY
SCHEDULE "A"
SCHEDULE "B"
SCHEDULE "C"
SCHEDULE "0"
SCHEDULE "E"
evelopment Regulations
2005 - 2015
PLAN-TECH
-0-
ENVIRONMENT
NEWFOUNDLAND REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2,2001)
U der the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
fol owing regulations.
D ed at St. John"s, January 2,2001.
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
I. hort title
2.
efinitions
3. pplication
4. nterpretation
5.
otice of right to appeal
6.
ppeal requirements
7.
ppeal registration
8.
evelopment prohibited
9.
earing notice and meetings
10 Hearing of evidence
I I Board decision
12 Varianccs
13 Notice of variance
14 Residential non conformity
15 Notice and hearings on change of use
16 Non-conformance with standards
17 Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
Analysis
P e2
1. Short title
These regulations may be cited as the Development Regulations.
2. Definitions
In these regulations,
(a)
"Act", unless the context indicate otherwise, means the Urban and Rural Plann ng
Act, 2000;
(b)
"applicant" means a person who has applied to an authority for an approval or
permit to carry out a development;
(c)
"authority" means a council, authorized administrator or regional authority; an
(d)
"development regulations" means these regulations and regulations and by-la
respecting development that have been enacted by the relevant authority.
3. Application
(1)
These regulations shall be included in the development regulations of an autho ity
and shall apply to all planning areas.
(2)
Where there is a conflict between these regulations and development regulatio s
or other regulations of an authority, these regulations shall apply.
(3)
Where another Act of the province provides a right of appeal to the board, the.
regulations shall apply to that appeal.
4. Interpretation
(1)
In development regulations and other regulations made with respect to a plann ng
area the following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles, pedestri s
or animals in order to go from a street to adjacent or nearby land or to
0
from that land to the street;
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, located on
the same lot as the main building to which it is an accessory an
which has a use that is customarily incidental or complementa to
the main use of the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegeta es
storage cellars, shelters for domestic pets or radio and televisio
antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
(c)
"accessory use" means a use that is subsidiary to a permitted or
discretionary use and that is customarily expected to occur with the
permitted or discretionary use;
Page 3
(d)
"building height" means the vertical distance, measured in metres from the
established grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or
gambrel roof, and in any case, a building height shall not include
mechanical structure, smokestacks, steeples and purely ornamental
structures above a roof;
(e)
"building line" means a line established by an authority that runs parallel
to a street line and is set at the closest point to a street that a building may
be placed;
(f)
"discretionary use" means a use that is listed within the discretionary use
classes established in the use zone tables of an authority"s development
regulations;
(g)
"established grade" means,
0)
where used in reference to a building, the average elevation of the
finished surface of the ground where it meets the exterior or the
front of that building exclusive of any artificial embankment or
entrenchment, or
Oi)
where used in reference to a structure that is not a building, the
average elevation of the finished grade of the ground immediately
surrounding the structure, exclusive of any artificial embankment
or entrenchment;
(h)
"floor area" means the total area of all floors in a building measured to the
outside face of exterior walls;
(i)
"frontage" means the horizontal distance between side lot lines measured
at the building line;
U)
"lot" means a plot, tract or parcel of land which can be considered as a unit
of land for a particular use or building;
(k)
"lot area" means the total horizontal area within the lines of the lot;
(I)
"lot coverage" means the combined area of all building on a lot measured
at the level ofthe lowest floor above the established grade and expressed
as a percentage of the total area of the lot;
(m)
"non-conforming use" means a legally existing use that is not .listed as a
permitted or discretionary use for the use zone in which it is located or
which does not meet the development standards for that use zone;
(n)
"owner" means a person or an organization of persons owning or having
the legal right to use the land under consideration;
P e4
(0)
"permitted use" means a use that is listed within the permitted use class s
set out in the use zone tables of an authority" s development regulation;
(p)
"prohibited use" means a use that is not listed in a use zone within the
permitted use classes or discretionary use classes or a use that an autho ity
specifies as not permitted within a use zone;
(q)
"sign" means a word, letter, model, placard, board, device or
representation, whether illuminated or not, in the nature of or employe
wholly or in part for the purpose of advertisement, announcement or
direction and excludes those things employed wholly as a memorial,
advertisements oflocal government, utilities and boarding or similar
structures used for the display of advertisements;
(r)
"rear yard depth" means the distance between the rear lot line and the r ar
wall of the main building on a lot;
(5)
"side yard depth" means the distance between the side lot line and the
nearest side wall of a building on the lot;
(t)
"street" means a street, road, highway or other way designed for the
passage of vehicles and pedestrians and which is accessible by fire
department and other emergency vehicles;
(u)
"street line" means the edge of a street reservation as defined by the
authority having jurisdiction;
(v)
"use" means a building or activity situated on a lot or a development
permitted on a lot;
(w)
"use zone" or "zone" means an area of land including buildings and wa er
designated on the zoning map to which the uses, standards and conditi
s
of a particular use zone table apply;
(x)
"variance" means a departure, to a maximum of 10% from the yard, ar a,
lot coverage, setback, size, height, frontage or any other numeric
requirement of the applicable Use Zone Table of the authority"s
regulations; and
(y)
"zoning map" means the map or maps attached to and forming a part 0
the authority"s regulations.
(2)
An authority may, in its discretion, determine the uses that mayor may not be
developed in a use zone and those uses shall be listed in the authority" s
regulations as discretionary, permitted or prohibited uses for that area.
5. Notice of right to appeal
Where an authority makes a decision that may be appealed under section 42 ofthe Ac
that authority shall, in writing, at the time of making that decision, notify the person t
whom the decision applies of the
(a)
person"s right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
Page 5
6. Appeal requirements
(1)
The secretary of the board at the Department of MunicipaJ and Provincial Affairs,
Main Floor, Confederation Building (West Block), P.O. Box 8700, 8t. John"s,
Nfld., AlB 4J6 is the secretary to all boards in the province and an appeal filed
with that secretary within the time period referred to in subsection 42(4) of the
Act shall be considered to have been filed with the appropriate board.
(2)
Notwithstanding subsection (1), where the City of Corner Brook, City of Mount
Pearl or City of 8t. John"s appoints an appeal board under subsection 40(2) of the
Act, an appeal shall be filed with the secretary of that appointed board.
(3)
The fee required under section 44 of the Act shall be paid to tbe board that hears
the decision being appealed by filing it with the secretary referred to in subsection
(I) or (2) within the 14 days referred to in subseetion42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection 44(3)
of the Act, retain the fce paid to the board.
(5)
Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that
decision shall be considered to have been forfeited.
7. Appeal registration
(I)
Upon receipt of an appeal and fee as required nnder the Act and these regulations,
the secretary of the board as referred to in subsections 6(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall notify the
appropriate authority ofthe appeal and shall provide to the authority a copy of the
appeal and the docLUnentation 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, conncil minutes, plans and other relevant infonnation relating to
the appeal including the names and addresses of the applicant and other interested
persons of whom the authority has knowledge.
(4)
Upon receipt of the infonnation under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate authority, a
notice that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
P e6
8. Development prohibited
(1)
Immediately upon notice of the registration of an appeal the appropriate author ty
shall ensure that any development upon the property that is the subject of the
appeal ceases.
(2)
Sections 102 and 104 of the Act apply to an authority acting under subsection 1),
(3)
Upon receipt of a notification of the registration of an appeal with respect to a
order under section 102 of the Act, an authority shall not carry out work relate to
the matter being appealed.
9. Hearing notice and meetings
(1)
A board shall notify the appellant, applicant, authority and other persons affect d
by the subject of an appeal of the date, time and place for the appeal not fewer
than 7 days before the date scheduled for the hearing of the appeaL
(2)
A board may meet as often as is necessary to conduct its work in an expeditiou
manner.
10. Hearing of evidence
(1)
A board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under subsection 9(1) or their representati e
may appear before the board and make representations with respect to the matt r
being appealed.
(2)
A board shall hear an appeal in accordance with section 43 of the Act and thes
regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit 0
and viewing of a property shall be considered to have been provided in the s
e
maImer as evidence directly provided at the hearing of the board.
(4)
In the conduct of an appeal hearing, the board is not bound by the rules of
evidence.
11. Board decision
A decision of the board must comply with the plan, scheme or development regulatio
that apply to the matter that has been appealed to that board,
Page 7
12 Variances
(1)
Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development
regulations, an authority may, in its discretion, vary the applicable development
standards to a maximum of 10% if, in the authority" s opinion, compliance with
the development standards would prejudice the proper development of the land,
building or structure in question or would be contrary to public interest.
(2)
An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
would have a cumulative effect that is greater than a 10% variance even though
the individual variances are separately no more than 10%.
(3)
An authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing
development.
13 Notice of variance
Where an authority is to consider a proposed variance, that authority shall give written
notice of the proposed variance from development standards to all persons whose land is
in the immediate vicinity of the land that is the subject of the variance.
14 Residential non conformity
A residential building or structure referred to in paragraph 108(3)(g) of the Act must,
where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and
development regulations applicable to that building or structure.
15 Notice and hearings on change of use
Where considering a non conforming building, structure or development under paragraph
l08(3)(d) of the Act and before making a decision to vary an existing use of that non-
conforming building, structure or development, an authority, at the applicant"s expense,
shall publish a notice in a newspaper circulating in the area or by other means give public
notice of an application to vary the existing use of a non-conforming building, structure
or development and shall consider any representations or submissions received in
response to that advertisement.
P .8
16. Non-conformance with standards
Where a building, structure or development does nol meet the development standards
included in development regulations, the building, structure or development shall not e
expanded if the expansion would increase the non-conformity and an expansion must
comply with the development standards applicable to that building, structure or
development.
17. Discontinuance of non-conforming use
An authority may make development regulations providing for a greater period of tim
than is provided under subsection 108(2) of the Act with respect to the time by which
discontinued non-conforming use may resume operation.
18. Delegatiou of powers
An authority shall, where designating employees to whom a power is to be delegated
under subsection 109(3) of the Act, make that designation in writing.
19. Commencement
These regulations shall be considered to have come into force on January 1, 2001.
TABLE OF CONTENTS
R gulation
1.
2_
3.
4.
5.
Short Title ..... ,
Interpretation .. ,
Commencement
APPLICATION
Municipal Code and Regulations ... ,
Authority ., .. _ . , ___ .. ___ , , . , ... , ... , . , .. , , .. ' , , . _ , , ,
PART I· GENERAL REGULATIONS
Compliance with Regulations
Permit Required
Permit to be Issued
Permit Not to be Issued in Certain Cases
Discretionary Powers of Authority
Variances ... , ... , ..... ,
Notice of Variance
Service Levy ., ... , ..... , ... ,
Financial Guarantees by Developer
Dedication of Land for Public Uses
Reinstatement of Land .. , .... ,
Page #
2
.. ... , ........... 2
2
2
3
3
4
4
5
, ....... , ...... 6
6
6.
7.
8_
9.
10.
11.
12,
13,
14,
15,
16.
17.
18.
Form of Application
... ,'
Register of Application .
_ ............................ 6
7
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
Deferment of Application
Approval in Principle
Development Permit
TABLE OF CONTENTS
Reasons for Refusing Permit ...... .
Notice of Right to Appeal. . . . . . .
. ........ .
Appeal Requirements
Approval Registration
Development Prohibited
.......... .
Appeal Board .............................. .
Appeals .......................... .
Hearing Notice and Meetings
......... .
Hearing of Evidence ................. .
Return of Appeal Fee ....... .
Notice of Application ........ .
Right of Entry ........................ .
Record of Violations
Stop Work Order and Prosecution
Delegation of Power .......... .
7
7
....................... 8
9
10
10
11
11
12
12
14
14
15
15
15
16
16
16
PART II· GENERAL DEVELOPMENT STANDARDS
Accesses and Service Streets ....... .
Accessory Buildings ..... .
Advertisements ...
Buffer Strips .....
17
17
17
18
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
TABLE OF CONTENTS
Building Height ............ .
Building Line and Setback ... .
Family and Group Care Centres ..... .
Height Exceptions ............... .
Livestock Structures and Uses
Lot Area ............... ..
Lot Area and Size Exceptions
Lot Frontage
18
18
19
19
. . . . . . . . . . . . . . . . . . . . . . . .. 19
20
20
21
Non-Conforming Uses ...... .
. ..................................... 21
Offensive and Dangerous Uses
Off-street Parking Requirements
Off-street Loading Requirements
............ 23
Parks and Playgrounds and Conservation Uses ...
. ................ .
23
25
25
25
26
26
Screening and Landscaping
. . . . . . .
. .................. .
Services and Public Utilities
Service Stations ............. .
Sideyards ........................... .
Street Construction Standards
Subsidiary Apartments
Unsubdivided Land
Zero Lot Line and Other Comprehensive Development ...
.. ........ 26
27
. ... . ....
27
.......... 27
......................... 27
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
TABLE OF CONTENTS
PART III - ADVERTISEMENTS
Permit Required ...................................................... .
Form of Application ....
28
28
Advertisements Prohibited in Street Reservation .................................... 28
Permit Valid for Limited Period
Removal of Advertisements ............ .
Advertisements Exempt from Control
Approval Subject to Conditions
Non-Conforming Uses
PART IV - SUBDIVISION OF LAND
Permit Required ................................................ .
Services to be Provided ............ .
28
28
29
30
30
30
30
72.
Payment of Service Levies and Other Charges
. . . . . . . . . . . . . . . . . .
. ....... 31
73.
Issue of Permit Subject to Considerations .................................
. .. 31
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
Building Permits Required
Form of Application
Subdivision Subject to Zoning
Building Lines ...
Land for Public Open Space
Structure in Street Reservation
Subdivision Design Standards .....
Engineer to Design Works and Certify Construction Layout
Developer to Pay Engineer's Fees and Charges
Street Works May be Deferred .......... .
Transfer of Streets and Utilities to Authority
32
... 32
32
32
32
34
34
.. ...... 36
36
.. ...... 36
37
85
86
87
88
89
90
91
TABLE OF CONTENTS
Restriction on Sale of Lots ", .. , .... , ..
Grouping of Dwellings and Landscaping ... " ........ .
PART V - USE ZONES
Use Zones .......... .
Use Classes , ... " ..... ,
Permitted Uses ... , ..... , ... ,., ... ,
Discretionary Uses
Uses Not Perm itted
SCHEDULES
S HEDULE A: Definitions
S HEDULE B: Classification of Uses of Land and Buildings
HEDULE C: Use Zone Tables
HEDULE D: Off-Street Parking Requirements
HEDULE E: Background Report
38
38
.......... , , .. , .. .
39
.... , .... 39
39
40
41
Application
Pa e 1
TOWN OF LEWISPORTE MUNICIPAL PLAN
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Lewisporte Development Regulations.
2. Interpretation
(1)
Words and phrases used in these Regulations shall have the meani gs
ascribed to them in Schedule A
(2)
Words and phrases not defined in Schedule A shall have the meani gs
which are commonly assigned to them in the context in which they are u ed
in the Regulations.
3. Commencement
These Regulations come into effect throughout the Lewisporte Municipal Plan ing
Area, hereinafter referred to as the Planning Area, on the date of publication fa
notice to that effect in the Newfoundland Gazette.
4. Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical C de,
and any other ancillary code and any Building Regulations, Waste Disp sal
Regulation and/or any other municipal regulations regulating or controlling the
development, conservation and use of land in force in the Town of Lewisporte, sail,
under these Regulations apply to the entire Planning Area.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Lewisport
Pa I - General Regulations
Page 2
PART I - GENERAL REGULATIONS
6. Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance
with these Regulations.
7. Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has
been issued by the Authority.
8. Permit to be Issued
Subject to Regulations 9 and 10, a permit shall be issued for development within the
Planning Area that conforms to:
(a)
the general development standards set out in Part II of these Regulations,
the requirements of Part V ofthese Regulations, and the use classes, stand-
ards, requirements, and conditions prescribed in Schedule C of these
Regulations for the use zone in which the proposed development is located;
(b)
the standards set out in the Building Code and/or other ancillary codes, and
any Building Regulations, Waste Disposal Regulations, and/or any other
municipal regulation in force in the Planning Area regulating or controlling
development, conservation and use of land and buildings;
(c)
the standards set out in Part III of these Regulations in the case of
advertisement;
(d)
the standards set out in Part IV of these Regulations in the case of
subdivision;
(e)
the standards of design and appearance established by the Authority.
Part I - General Regulations
Pa e3
9. Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the
Planning Area when, in the opinion of the Authority, it is premature by reason 0 the
site lacking adequate road access, power, drainage, sanitary facilities, or dom
tic
water supply, or being beyond the natural development of the area at the tim of
application unless the applicant contracts to pay the full cost of construction of the
services deemed necessary by the Authority and such cost shall attach to and u on
the property in respect of which it is imposed.
10. Discretionary Powers of Authority
(1)
In considering an application for a permit or for approval in principle to c rry
out development, the Authority shall take into account the policies expres ed
in the Municipal Plan and any further scheme, plan or regulations purs ant
thereto, and shall assess the general appearance of the development 0 the
area, the amenity of the surroundings, availability of utilities, public sa ety
and convenience, and any other considerations which are, in its opin on,
material, and notwithstanding the conformity 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 Regula on,
conditionally approve or refuse the application.
(2)
An authority may, in its discretion, determine the uses that mayor may not
be developed in a use zone and those uses shall be listed in the authori y"s
regulations as discretionary, permitted or prohibited uses for that area.
11. Variances
(1)
Where an approval or permit cannot be given by the Authority becau e a
proposed development does not comply with development standards se out
in development regulations, the Authority may, in its discretion, vary the
Pa
J - General Regulations
Page 4
applicable development standards to a maximum of 1 0% if, in the authority"s
opinion, compliance with the development standards would prejudice the
proper development of the land, building or structure in question or would be
contrary to public interest.
(2)
The Authority shall not allow a vari\lnce from development standards set out
in development regulations if that variance, when considered together with
other variances made or to be made with respect to the same land, building
or structure, would have a cumulative effect that is greater than a 10%
variance even though the individual variances are separately no more than
10%.
(3)
The Authority shall not permit a variance from development standards where
the proposed development would increase the non conformity of an existing
development.
1
Notice of Variance
Where the Authority is to consider a proposed variance, the Authority shall give
written notice of the proposed variance from development standards to all persons
whose land is in the immediate vicinity of the land that is the subject of the variance,
and allow a minimum period of 7 days for response.
1 . Service Levy
(1)
The Authority may require a developer to pay a service levy where
development is made possible orwhere 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.
Part I - General Regulations
Pa e5
(2)
A service levy shall not exceed the cost, or estimated cost, including tina ce
charges to the Authority of constructing or improving the public w rks
referred to in Regulation 13(1) that are necessary for the real property t be
developed in accordance with the standards required by the Authority nd
for uses that are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefited by the public works relate to
all the real property so benefited; and,
(b)
the density of development made capable or increased by the p
lic
work.
(4)
The Authority may require a service levy to be paid by the owner of the eal
property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real property commences;
(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
14. Financial Guarantees by Developer
(1)
The Authority may require a developer before commencing a develop ent
to make such financial provisions and/or enter into such agreements as
ay
be required to guarantee the payment of service levies, ensure site re ns-
tatement, and to enforce the carrying out of any other condition attache to
a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the
form of:
(a)
a cash deposit from the developer, to be held by the Authority, 0 ;
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I - General Regulations
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(b)
a guarantee by a bank, or other institution acceptable to the Minister,
for expenditures by the developer, or;
(c)
a performance bond provided by an insurance company or a bank, or;
(d)
an annual contribution to a sinking fund held by the Authority, or;
(f)
another form of financial guarantee that the Authority may approve.
1 . Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, the
Authority may require the dedication of a percentage of the land area of any
subdivision or other development for public use, and such land shall be conveyed
to the Authority in accordance with the provisions of the Act.
1 . Reinstatement of Land
Where the use of land is discontinued 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.
1 . Form of Application
(1)
An application for a development permit or for approval in principle shall be
made only by the owner or by a person authorized by the owner to the
Authority on such form as may be prescribed by the Authority, and every
application shall include such plans, specifications and drawings as the
Authority may require, and be accompanied by the permittee required by the
Authority.
Part 1- General Regulations
Pa e7
(2)
The Authority shall supply to every applicant a copy of the application fo ms
referred to in Regulation 17(1) and a description of the plans, specificati ns
and drawings required to be provided with the application and
ny
information or requirements applicable to the application.
18. Register of Application
The Authority shall keep a public register of all applications for development, nd
shall enter therein the Authority's decision upon each application and the resu of
any appeal from that decision.
19. Deferment of Application
(1)
The Authority may, with the written agreement of the applicant, d fer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations w ich
have not been determined by the Authority and on which a decision has not
been communicated to the applicant within eight weeks ofthe receiptthe eof
by the Authority, and on which consideration has not been deferre
in
accordance with Regulation 18(1), shall be deemed to be refused.
20. Approval in Principle
(1)
The Authority may grant approval in principle for the erection, alteratio or
conversion of a building if, after considering an application for approv I in
principle made under these Regulations, it is satisfied that the propo ed
development is, subject to the approval of detailed plans, in compliance ith
these Regulations.
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(2)
Where approval in principle is granted under this Regulation, it shall be
subject to the subsequent approval by the Authority of such details as may
be listed in the approval in principle, which shall also specify that further
application for approval of these details shall be received not later than two
years from the grant of approval in principle.
21 Development Permit
(1)
A plan or drawing which has been approved by the Authority and which
bears a mark and/or signature indicating such approval together with a
permit shall be deemed to be permission to develop land in accordance with
these Regulations but such permission shall not relieve the applicant from
full responsibility for obtaining permits or approvals under any other
regulation or statute prior to commencing the development; from having the
work carried out in accordance with these Regulations or any other regula-
tions or statutes; and from compliance with all conditions imposed thereu-
nder.
(2)
The Authority may attach to a permit or to approval in principle such
conditions as it deems fit in order to ensure that the proposed development
will be in accordance with the purposes and intent of these Regulations.
(3)
Where the Authority deems necessary, permits may be issued on a
temporary basis for a period not exceeding two years, which may be
extended in writing by the Authority for further periods not exceeding two
years.
Part I - General Regulations
Pa e9
(4)
A permit is valid for such period, not in excess of two years, as ma be
stated therein, and if the development has not commenced, the permit
ay
be renewed for a further period not in excess of one year, but a permit s all
not be renewed more than once, except in the case of a permit fo an
advertisement, which may be renewed in accordance with Part III of th se
Regulations.
(5)
The approval of any application and plans or drawings or the issue f a
permit shall not prevent the Authority from thereafter requiring the correc ion
of errors, or from ordering the cessation, removal of, or remedial work on ny
development being carried out in the event that the same is in violatio of
this or any other regulations or statute.
(6)
The Authority may revoke a permit for failure by the holder of it to co ply
with these Regulations or any condition attached to the permit or where the
permit was issued in error or was issued on the basis of incor ect
information.
(7)
No person shall erase, alter or modify any drawing or specifications u on
which a permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matt
or
thing in being done for which a permit has been issued, a copy of the pe mit
and any plans, drawings or specifications on which the issue of the pe mit
was based during the whole progress of the work, orthe doing of the m tter
or thing until completion.
22. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions 0 a
permit, state the reasons for so dOing.
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23 Notice of Right to Appeal
Where the Authority makes a decision that may be appealed under section 42 of
the Act, the Authority shall, in writing, at the time of making that decision, notify the
person to whom the decision applies of the:
(a) person"s right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
2
Appeal Requirements
(1)
The secretary of the Appeal Board at the Department of Municipal and
Provincial Affairs, Main Floor, Confederation Building (West Block), P.O. Box
8700, St. John"s, Nfld., A1 B 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(4) of the Act shall be considered to have been
filed with the appropriate Appeal Board.
(2)
The fee required under section 44 of the Act shall be paid to the Appeal
Board that hears the decision being appealed by filing it with the secretary
referred to in subsection (1) or (2) within the 14 days referred to in
subsection 42(4) of the Act.
(3)
The Appeal Board that hears the decision being appealed shall, subject to
subsection 44(3) of the Act, retain the fee paid to the Appeal Board.
(4)
Where an appeal of a decision and the required fee is not received by an
Appeal Board in accordance with this section and Part VI of the Act, the right
to appeal that decision shall be considered to have been forfeited.
Part I - General Regulations
Pag 11
25. Appeal Registration
(1)
Upon receipt of an appeal and fee as required under the Act and th se
regulations, the secretary of the Appeal Board as referred to in subsecti ns
24(1) and (2), shall immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the Appeal B
rd
shall notify the Authority of the appeal and shall provide to the Authori y a
copy of the appeal and the documentation related to the appeal.
(3)
Where the Authority has been notified of an appeal that Authority shall WI hin
one week of notification forward to the appropriate board a copy of the
application being appealed, all correspondence, council minutes, plans nd
other relevant information relating to the appeal including the names nd
addresses of the applicant and other interested persons of whom the
authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the
board shall publish in a newspaper circulated in the area of the appropr ate
authority, a notice that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer th n 2
weeks before the date upon which the appeal is to be heard by the bo rd.
26. Development Prohibited
(1)
Immediately upon notice of the registration of an appeal the Authority s all
ensure that any development upon the property that is the subject of the
appeal ceases.
(2)
Sections 102 and 104 of the Act apply to the Authority acting u der
subsection (1).
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(3)
Upon receipt of a notification of the registration of an appeal with respect to
an order under section 102 of the Act, the Authority shall not carry out work
related to the matter being appealed.
2
Appeal Board
(1)
The minister may, by order, establish an Appeal Board and shall assign to
the Appeal Board a specific area of the province over which it shall have
jurisdiction, as outlined in section 40, of the Act.
2
Appeals
(1)
A person or an association of persons aggrieved of a decision that, under the
regulations, may be appealed, may appeal that decision to the appropriate
Appeal Board where the decision is with respect to:
(a)
an application to undertake a development;
(b)
a revocation of an approval or a permit to undertake a development;
(c)
the issuance 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 Authority to adopt, approve or proceed with a municipal
plan, a scheme, development regulations and amendments 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 regulations that apply to the
matter being appealed.
Part 1- General Regulations
Pag 13
(4)
An appeal shall be filed with the Appeal Board not more than 14 days a er
the person who made the original application appealed from has received he
decision being appealed.
(5)
An appeal shall be made in writing and shall include
(a) a summary of the decision appealed from;
(b) the grounds for the appeal; and
(c) the required fee.
(6)
A person or group of persons affected by the subject of an appeal or t eir
representatives may appear before an Appeal Board and m ke
representations concerning the matter under appeal.
(7)
An Appeal Board may inform itself of the subject matter of the appeal in the
manner it considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance ith
the Act and the municipal plan, scheme and regulations that have b en
registered under section 24, of the Act, and having regard to
he
circumstances and merits of the case.
(9)
A decision of the Appeal Board must comply with the plan, schem
or
development regulations that apply to the matter that has been appeale to
that board.
(10)
In determining an appeal, an Appeal Board may confirm, reverse or vary the
decision appealed from and may impose those conditions that the b
rd
considers appropriate in the circumstances and may direct the Authorit to
carry out its decision or make the necessary order to have its deci ion
implemented.
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(11)
Notwithstanding subsection (10), where the Authority may, in its discretion,
make a decision, an Appeal Board shall not make another decision that
overrules the discretionary decision.
(12)
The decision of a majority of the members of an Appeal Board present at the
hearing of an appeal shall be the decision of the Appeal Board.
(13)
An Appeal Board shall, in writing notify the appellant and the appropriate
Authority of the decision of the Appeal Board.
29 Hearing Notice and Meetings
(1)
An Appeal Board shall notify the appellant, applicant, authority and other
persons affected by the subject of an appeal of the date, time and place for
the appeal not fewer than 7 days before the date scheduled for the hearing
of the appeal.
(2)
An Appeal Board may meet as often as is necessary to conduct its work in
an expeditious manner.
3
Hearing of Evidence
(1)
An Appeal Board shall meet at a place within the area under its jurisdiction
and the appellant and other persons notified under regulation 29(1) or their
representative may appear before the Appeal Board and make
representations 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.
Part I· General Regulations
Pa
15
(3)
A written report submitted under subsection 43(2) ofthe Act respecting a isit
to and viewing of a property shall be considered to have been provided in the
same manner as evidence directly provided at the hearing of the Ap eal
Board.
(4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the
rules of evidence.
31. Return of Appeal Fee
Where an appeal made by an appellant under section 42 of the Act, is succes ful,
an amount of money equal to the fee paid by that appellant under regulation 2 (2)
shall be paid to him or her by the Authority.
32. Notice of Application
The Authority may, and when a variance is necessary under Regulation 11 an
Authority wishes to consider whether to authorize such a variance, when a cha ge
in nonconforming use is to be considered under Regulation 49, or when the
development proposed is listed as a discretionary use in Schedule C of the
Regulations shall, at the expense of the applicant, give notice of an applicatio for
a permit or for approval in principle, by public advertisement in a newsp per
circulating in the area or by any other means deemed necessary, and u der
Regulation 12 and the Authority shall give written notice of the proposed varia ce
from development standards to all persons whose land is in the immediate vic ity
of the land that is the subject of the variance, and allow a minimum period of 7 d ys
for response.
Pa I - General Regulations
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3
Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private
land and may at all reasonable times enter any development or building upon the
land for the purpose of making surveys or examinations or obtaining information
relative to the carrying out of any development, construction, alteration, repair, or
any other works whatsoever which the Authority is empowered to regulate.
3
Record of Violations
Every inspector shall keep a record of any violation of these regulations which
comes to his knowledge and report that violation to the Authority.
3
Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to
these Regulations, the Authority may order that person to stop the devel-
opment or work connected therewith pending final adjudication in any
prosecution arising out of the development.
(2)
A person who does not comply with an order made under Regulation 35(1)
is guilty of an offence under the provisions of the Act.
3
Delegation of Powers
An authority shall, where designating employees to whom a power is to be
delegated under subsection 109(3) of the Act, make that designation in writing.
Part /I - General Development Standards
Pag 17
PART II - GENERAL DEVELOPMENT STANDARDS
37. Accesses and Service Streets
(1)
Access shall be located to the specification of the Authority so as to en ure
the greatest possible convenience and safety of the street system and he
Authority may prescribe the construction of service streets to reduce he
number of accesses to collector and arterial streets.
(2)
No vehicular access shall be closer than 10 metres to the street line of ny
street intersection.
38. Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the use
of the main buildings in character, use and size, and shall be containe on
the same lot.
(2)
No accessory building or part thereof shall project in front of any building I ne.
(3)
The sideyard requirements set out in the use zone tables in th se
Regulations shall apply to accessory buildings wherever they are locate on
the lot but accessory buildings on two (2) adjoining properties may be uilt
to property boundaries provided they shall be of fire resistant construc ion
and have a common firewall.
39. Advertisements
Advertisements shall not be erected or displayed except in accordance with Pa III
of these Regulations.
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/I - General Development Standards
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40 Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or
proposed residential area, or is separated from it by a road only, the owner of the
site of the industrial development shall provide a buffer strip not less than ten (10)
metres wide between any residential activity and the industrial area. The buffer
shall include the provision of such natural or structural barrier as may be required
by the Authority and shall be maintained by the owner or occupier to the satisfaction
of the Authority.
41
Building Height
The Authority may permit the erection of buildings of a height greater than that
specified in Schedule C, but in such cases the building line setback and rearyard
requirements shall be varied as follows:
(1)
The building line setback shall be increased by 2 m for every 1 m increase
in height.
(2)
The rearyard shall not be less than the minimum building line setback
calculated as described in (1) above plus 6 m.
42 Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed
street or service street and may require any new buildings to be located on those
building lines, whether or not such building lines conform to the standards set out
in the tables in Schedule C of these Regulations.
Part II - General Development Standards
Pag 19
43. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment th t is
adequate in size to accommodate the number of persons living in the gr up,
inclusive of staff, provided that in the opinion of the Authority, the use of the dwel ing
does not materially differ from, nor adversely affect, the amenities of the adja ent
residences, or the neighbourhood in which it is located. The Authority may req ire
special access and safety features to be provided for the occupants be ore
occupancy is permitted.
44. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations ma be
waived in the case of communication masts and antennae, flagpoles, water tow rs,
spires, belfries, or chimneys, but any such waiver which results in an increas of
more than 10% the permitted height of the structure shall only be authorized u der
the provisions of Regulation 11.
45. Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be er ted
or used unless it complies with the following requirements:
(a)
The structure shall be at least 600 m from a residence, (except a f rm
residence or a residence which is a non·conforming use
in any zone in which agriculture is a permitted use class in the se
Zone Tables in Schedule C ofthese Regulations), and, from an
designated for residential use in an approved Plan, and, fro
a
Provincial or Federal Park.
(b)
The structure shall be at least 60 m from the boundary of the prop rty
on which it is to be erected.
Pa II - General Development Standards
Page 20
(c)
The structure shall be at least 90 m from the centre line of a street.
(d)
The erection of the structure shall be approved by the Department of
Natural Resources and the Department of Environment and
Conservation.
(2)
No development for 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 Resources.
4
Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a front yard, rear yard, side yard,
frontage or lot area that is less than that permitted by these Regulations for
the zone in which such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as
a yard, it shall continue to be so used regardless of any change in the
ownership of the lot or any part thereof, and shall not be deemed to form part
of an adjacent lot for the purpose of computing the area thereof available for
building purposes.
4
Lot Area and Size Exceptions
Where, al the time of coming into effect of these Regulations, one or more lots
already exist in any residential zone, with insufficient frontage or area to permit the
owner or purchaser of such a lot or lots to comply with the provisions of these
Regulations, then these Regulations shall not prevent the issuing of a permit by the
Authority for the erection of a dwelling thereon, provided that the lot coverage and
Part /I - General Development Standards
Pag 21
height are not greater than, and the yards and floor area are not less than he
standards set out in these Regulations.
48. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule
of
these Regulations, no residential or commercial building shall be erected unless he
lot on which it is situated fronts directly onto a street or forms part
a
Comprehensive Development Scheme.
49. Non-Conforming Use
(1)
Notwithstanding the Municipal Plan, scheme or regulations made under his
Urban and Rural Planning Act, 2001, the Authority shall, in accordance ith
regulations made under this Act, allow a development or use of Ian
to
continue in a manner that does not conform with a regulation, schem
or
plan that applies to that land provided that the non-conforming use Ie
lIy
existed before the registration under section 24 of the Act, schem
or
regulations made with respect to that kind of development or use.
(2)
Notwithstanding subsection (1), a right to resume a discontinued on-
conforming use of land shall not exceed 12 months after that discontinua ceo
(3)
A building, structure or development that does not conform to a sche e,
plan or regulations made under the Act that is allowed to continue u der
subsection (1)
(a)
shall not be internally or externally varied, extended or expan ed
unless otherwise approved by the Authority;
(b)
shall not be structurally modified except as required for the safet of
the building, structure or development;
(c)
shall not be reconstructed or repaired for use in the same
n-
conforming manner where 50% or more of the value of that build ng,
structure or development has been destroyed;
Pa
/I - General Development Standards
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(d)
may 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 applicable to it;
(e)
may have the existing building extended by approval of the Authority
where, in the Authority's opinion, the extension is not more than 50%
of the existing building;
(f)
where the non-conformance is with respect to the standards included
in these development regulations, shall not be expanded if the
expansion would increase the non-conformity;
(g)
where a building, structure or development does not meet the
development standards included in development regulations, the
building, structure or development shall not be expanded if the
expansion would increase the non-conformity and an expansion must
comply with the development standards applicable to that building,
structure or development.
(h)
where the building or structure is primarily zoned and used for
residential purposes, may, in accordance with the municipal plan and
regulations, be repaired or rebuilt where 50% or more of the value of
that building or structure is destroyed.
(4)
Where considering a non conforming building, structure or development and
before making a decision to vary an existing use of that non-conforming
building, structure or development, the Authority, at the applicant"s expense,
shall publish a notice in a newspaper circulating in the area or by other
means give public notice of an application to vary the existing use of a non-
conforming building, structure or development and shall consider any
representations or submissions received in response to that advertisement.
Part II· General Development Standards
Pa
23
50. Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerou by
causing or promoting fires or other hazards or which may emit noxious, offen ive
or dangerous fumes, smoke, gases, radiation, smells, 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 ha ing
jurisdiction.
51. Offstreet Parking Requirements
(1)
For every building, structure or use to be erected, enlarged or establis ed,
there shall be provided and maintained a quantity of off-street par ing
spaces sufficient to ensure that the flow of traffic on adjacent streets is not
impeded by the on·street parking of vehicles associated with that buil ing,
structure or use.
(2)
The number of parking spaces to be provided for any building, structure, se
of occupancy shall conform to the standards set out in Schedule D of t
se
Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings, hall
be made accessible by means of a hard surfaced right-of-way at least
m
in width. Parking required in a Residential Zone shall be provided on the
same lot as the dwelling or dwellings. Parking space for apartments sha I be
provided in the rear yard where possible. In a Non-Residential Zone, par ing
spaces shall be provided within the limits of the zone in which the u
is
situated and not more than 200 m distant from the use concerned.
(4)
The parking facilities required by this Regulation shall, except in the cas of
single or attached dwellings, be arranged so that it is not necessary for ny
vehicle to reverse onto or from a street.
Pa /I - General Development Standards
Page 24
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted:
(a)
parking space shall mean an area of land, not less than 15 m' in size,
capable of being used for the parking of a vehicle without the need to
move other vehicles on adjacent areas;
(b)
the parking 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 from adjacent development;
(d)
a structure, not more than 3 m in height and more than 5 m' in area
may be erected in the parking area 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 equipment shall be located or
maintained on a parking area;
(f)
no part of any off-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
of residential zones;
(h)
where a parking 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, in the opinion of the Authority, strict application of the above
parking requirements is impractical or undesirable, the Authority may
as a condition of a permit require the developer to pay a service levy
in accordance with these Regulations in lieu of the provision of a
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.
Part II - General Development Standards
Pag 25
52. Off-Street Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or establis ed
requiring the shipping, loading or unloading of animals, goods, ware or
merchandise, there shall be provided and maintained for the premi es
loading facilities on land that is not part of a street comprised of one or
loading spaces, 15 m long, 4 m wide, and having a vertical clearance
least 4 m with direct access to a street or with access by a driveway fa
minimum width of 6 m to a street.
(2)
The number of loading spaces to be provided shall be determined by the
Authority.
(3)
The loading facilities required by this Regulation shall be so arranged hat
vehicles can manoeuvre clear of any street and so that it is not necessa for
any vehicle to reverse onto or from a street.
53. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation ar as
or the establishment of parks and playgrounds in any zones provided that s ch
parks and playgrounds are not located in areas which may be hazardous to t eir
use and are not operated for commercial purposes.
54. Screening and Landscaping
The Authority may. in the case of existing unsightly development, order the 0 ner
or occupier to provide adequate and suitable landscaping or screening; and for his
purpose may
require the submission of an application giving details of the landscapin
or
screening, and these Regulations shall then apply to that application. The provi ion
Pa
/I - General Development Standards
Page 26
of adequate and suitable landscaping or screening may be made a condition of any
development permit where, in the opinion of the Authority, the landscaping or
screening is desirable to preserve amenity, or protect the environment.
55 Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the
provision of public services and public utilities if the use of that land is necessary to
the proper operation of the public service or public utility concerned provided that
the design and landscaping of any development of any land so used is, in the
opinion of the Authority, adequate to protect the character and appearance of the
area.
5
Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such
purpose, and to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked,
and where a service station is located on a corner lot, the minimum distance
between an access and the intersection of street lines at the junction shall
be 10 metres and the lot line between entrances shall be clearly indicated.
5 . Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the exposed
sides of every building in order to provide access for the maintenance of that
building.
Part II· General Development Standards
Pag 27
58. Street Construction Standards
A new street may not be constructed except in accordance with and to the de ign
and specifications laid down by the Authority.
59. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the
purposes of calculating lot area and yard requirements, shall be considered pa of
the self-contained dwelling.
60. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient are is
reserved to satisfy the yard and other allowances called for in the Use Zon
in
which it is located and the allowances shall be retained when the adjacent Ian is
developed.
61. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which are
designed to form part of a zero lot line development or other comprehensive la out
which does not, with the exception of dwelling unit floor area, meet the requirem nts
of the Use Zone Table in Schedule C, provided that the dwellings are designe to
provide both privacy and reasonable access to natural daylight and the ov rail
density within the layout conforms to the regulations and standards set out in the
Use Zone Table apply where the layout adjoins other development.
Pa III· Advertisements
Page 28
PART III . ADVERTISEMENTS
6
Permit Required
Subject to the provisions of Regulation 67, no advertisement shall be erected or
displayed in the Planning Area unless a permit for the advertisement is first obtained
from the Authority. Permit for erection or display of advertisement on Provincial
Highways shall be obtain from the Government Service Centre.
6
Form of Application
Application for a permit to erect or display an advertisement shall be made to the
authority in accordance with Regulation 17.
6 . Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over
any highway or street reservation.
6 . Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an
advertisement shall be for a limited period, not exceeding two years, but may be
renewed at the discretion of the Authority for similar periods.
6 . Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the
removal of any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination, or
structural condition, or;
Part III· Advertisements
Pa
29
(b)
detrimental to the amenities of the surrounding area.
67. Advertisements Exemptfrom Control
The following advertisements may be erected or displayed in the Planning
rea
without application to the Authority:
(a)
on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.2 m2 in area;
(b)
on an agricultural holding orfarm, a notice board not exceeding 1 m2 in
and relating to the operations being conducted on the land;
(c)
on land used for forestry purposes, signs or notices not exceeding 1
area and relating to forestry operations or the location of logging operati ns
conducted on the land;
(d)
on land used for mining or quarrying operations, a notice board not
exceeding 1 m2 in area relating to the operation conducted on the land;
(e)
on a dwelling or within the curtilage of a dwelling, one nameplate not
exceeding 0.2 m2 in area in connection with the practice of a professi nal
person carried on in the premises;
(f)
on any site occupied by a church, school, library, art gallery, muse m,
institution or cemetery, one notice board not exceeding 1 m2 in area;
(g)
on the principal facade of any commercial, industrial or public building, the
name of the building or the name of the occupants of the building, in Ie ers
not exceeding one-tenth ofthe height of that facade or 3 m, whichever is the
lesser;
(h)
on any parking lot directional signs and one sign not exceeding 1 m2 in ize,
identifying the parking lot.
Pa IV· Subdivision of Land
Page 30
68 Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which
comply with the appropriate conditions and specifications set out in the Use Zone
Tables in Schedule C of these Regulations.
69 Non-Conforming Uses
Notwithstanding the provisions of Regulation 62, a permit may be used for the
erection or display of advertisements on a building or within the courtyard of a
building or on a parcel of land, the use of which is a non conforming use, provided
that the advertisement does not exceed the size and type of advertisement which
could be permitted ifthe development was in a Use Zone appropriate to its use, and
subject to any other conditions deemed appropriate by the Authority.
PART IV - SUBDIVISION OF LAND
70 Permit Required
No land in the Planning Area shall be subdivided unless a permit for the
development of the subdivision is first obtained from the Authority.
71
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Authority have been made in the application for a supply of
drinking water, a properly designed sewage disposal system, and a properly
designed storm drainage system.
Part IV - Subdivision of Land
Pa
31
72. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has
been reached for the payment of all fees levied by the Authority for connectio to
services, utilities and streets deemed necessary for the proper development of the
subdivision, and all service levies and other charges imposed under Regulation 13
and 14.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the develop
of a subdivision does not contribute to the orderly growth of the municipality nd
does not demonstrate sound design principles. In considering an application, the
Authority shall, without limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and utili ies;
(c)
the provisions of the Plan and Regulations affecting the site;
(d)
the land use, physical form and character of adjacent developments;
(e)
the transportation network and traffic densities affecting the site;
(f)
the relationship of the project to existing or potential sources of nuisan e;
(g)
soil and subsoil characteristics;
(h)
the topography of the site and its drainage;
(i)
natural features such as lakes, streams, topsoil, trees and shrubs;
U)
prevailing winds;
(k)
visual quality;
(I)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
Pa IV· Subdivision of Land
Page 32
7
Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building
permit shall be obtained for each building proposed to be erected in the area of the
subdivision, and no building permit for any building in the area shall be issued until
the developer has complied with all the provisions of these Regulations with respect
to the development of the subdivision.
75 Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in
accordance with Regulation 17.
76 Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
77 Building Lines
The Authority may establish building lines for any subdivision street and require any
new building to be located on such building lines.
78 Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate
to the Authority, at no cost to the Authority, an area of land equivalent to not
more than 10% of the gross area of the subdivision or 25 m2 for every
dwelling unit permitted in the subdivision, whichever is the greater, for public
open space, provided that:
Part IV - Subdivision of Land
Pa
33
(a)
where land is subdivided for any purpose other than residential se,
the Authority shall determine the percentage of land to be dedica ed;
(b)
if, in the opinion of the Authority, no public open space is required, the
land may be used for such other public use as the Authority
ay
determine;
(c)
the location and suitability of any land dedicated under the provis ns
of this Regulation shall be subject to the approval of the Authorit but
in any case, the Authority shall not accept land which, in its opini n is
incapable of development for any purpose;
(d)
the Authority may accept from the developer in lieu of such are or
areas of land the payment of a sum of money equal to the value 0 the
land which would otherwise be required to be dedicated;
(e)
money received by the Authority in accordance with Regul ion
78(1 )(d) above, shall be reserved by the Authority for the purpo
of
the acquisition or development of land for public open space or 0 her
public purpose.
(2)
Land dedicated for public use in accordance with this Regulation sha be
conveyed to the Authority and may be sold or leased by the Authority fo the
purposes of any development that conforms with the requirements of t ese
Regulations, and the proceeds of any sale or other disposition of land
be applied against the cost of acquisition or development of any other
nd
for the purposes of public open space or other public purposes.
(3)
The Authority may require a strip of land to be reserved and re ain
undeveloped along the banks of any river, brook or pond, and this land
ay,
at the discretion of the Authority, constitute the requirement of land for p blic
use under Regulation 78(1).
Pa IV· Subdivision of Land
Page 34
79 Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall
receive the prior
approval of the Authority which shall be satisfied on the question of safe
construction and relationship to the adjoining buildings and other structures within
the street reservation.
8
Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these
Regulations unless the design of the subdivision conforms to the following
standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cui de sac shall be provided with a turning circle of a diameter of not
less than 30 m.
(c)
The maximum length of any cui de sac shall be:
(i)
200m in areas served by or planned to be served by municipal piped
water and sewer services, as shown in the map and letter of
agreement signed by the Municipality and the Minister of Municipal
and Provincial Affairs in connection with municipal five-year capital
works program eligibility.
(ii)
300m in areas not served by or planned to be served by municipal
piped water and sewer services.
(d)
Emergency vehicle access to a cui de sac shall be not less than 3 m wide
and shall connect the head of the cui de sac with an adjacent street.
(e)
No cui de sac shall be located so as to appear to terminate a collector street.
(f)
New subdivisions shall have street connections with an existing street or
streets.
Part IV - Subdivision of Land
(g)
All street intersections shall be constructed within 5° of a right angle and his
alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other st eet
intersection.
(i)
No more than four streets shall join at any street intersection.
m
No residential street block shall be longer than 490 m between st eet
intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with the
approved standards of the Authority, but in the absence of such standa ds,
shall conform to the following minimum standards:
Type of Street
Street
Pavement
Sidewalk
Sidewalk
Reservation
Width
Width
Number
Arterial Streets
30m
15 m
1.5 m
discretion
of Council
Collector Streets
20m
15 m
1.5 m
2
Local Residential Streets:
where more than 50%
15 m
9m
1.5 m
1
of the units are single or
double dwellings;
where 50% or more of
20 m
9m
1.5 m
2
the units are row
houses or apartments.
Service Streets
15 m
9m
1.5 m
discretion
of Council
(I)
No lot intended for residential purposes shall have a depth exceeding our
times the frontage.
(m)
Residential lots shall not be permitted which abut a local street at both f ant
and rear lot lines.
(n)
The Authority may require any existing natural, historical or architectu ral
feature or part thereof to be retained when a subdivision is developed.
(0)
Land shall not be subdivided in such a manner as to prejudice t he
development of adjoining land.
Pa IV - Subdivision of Land
Page 36
81 Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters
and catch basins and all other utilities deemed necessary by the Authority to
service the area proposed to be developed or subdivided shall be designed
and prepared by or approved by the
Engineer. Such designs and specifications shall, upon approval by the
Authority, be incorporated in the plan of subdivision.
(2)
Upon approval by the Authority of the proposed subdivision, the Engineer
shall certify all work of construction layout preliminary to the construction of
the works and thereupon the developer shall proceed to the construction and
installation, at his own cost and in accordance with the approved designs and
specifications and the construction layout certified by the Engineer, of all
such water mains, hydrants, sanitary sewers and all appurtenances and of
all such streets and other works deemed necessary by the Authority to
service the said area.
8
Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of materials
and labour for the construction and installation of all works calculated in accordance
with the Schedule of Fees recommended by the Association of Professional
Engineers of Newfoundland and in effect at the time the work is carried out.
Part IV - Subdivision of Land
Pa
37
83. Street Works May Be Deferred
The construction and installation ot all curbs and gutters, catch basins, sidew Iks
and paving specified by the Authority as being necessary, may, at the Authorty's
discretion, be deferred until a later stage of the work on the development of the
subdivision but the developer shall deposit with the Authority before approval a his
application, an amount estimated by the Engineer as reasonably sufficient to c ver
the cost of construction and installation of the works. In the later stage of the ork
of development, the Authority shall call for tenders for the work of construction nd
installation of the works, and the amount so deposited by the developer shal be
applied towards payment of the contract cost. If the contract cost exceeds the
deposit, the developer shall pay to the Authority the amount of the excess. I the
contract price is less than the deposit, the Authority shall refund the amoun by
which the deposit exceeds the contract price. Any amount so deposited with the
Authority by the developer shall be placed in a separate savings account in a
nk
and all interest earned thereon shall be credited to the developer.
84. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land nd
upon request of the Authority, transfer to the Authority, at no cost to the
Authority, and clear of all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided w ich
are approved and designated by the Authority for public use as
streets, or other rights-ot-way, or for other public use;
(b)
all services or public works including streets, water supply
nd
distribution and sanitary an storm drainage systems installed in the
subdivision that are normally owned and operated by the Autho ty.
Pa IV· Subdivision of Land
Page 38
(2)
Before the Authority shall accept the transfer of lands, services or public
works of any subdivision, the Engineer shall, at the cost to the developer, test
the streets, services and public works installed in the subdivision and certify
his satisfaction with their installation.
(3)
The Authority shall not provide maintenance for any street, service or public
work in any subdivision until such time as such street, service or public work
has been transferred to and accepted by the Authority.
85 Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Authority
is satisfied that
(a)
the lot can be served with satisfactory water supply and sewage disposal
systems, and;
(b)
satisfactory access to a street is provided for the lots.
8
Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building
types and for landscaping in order to enhance the visual aspects of the
completed development and to make the most use of existing topography
and vegetation.
(2)
Building groupings, once approved by the Authority, shall not be changed
without written application to and subsequent approval of the Authority.
Part V - Use Zones
Pa
39
PART V - USE ZONES
87. Use Zones
(1)
For the purpose ofthese Regulations, the Planning Area is divided into se
Zones which are shown on the Zoning Map attached to and forming pa of
these Regulations.
(2)
Subject to Regulation 87(3), the permitted use classes, discretionary se
classes, standards, requirements and conditions applicable to each
se
Zone are set out in the Use Zone Tables in Schedule C ofthese Regulati ns.
(3)
Where standards, requirements and conditions applicable in a Use Zon are
not set out in the Use Zone Tables in Schedule C, the Authority may i its
discretion, determine the standards, requirements and conditions which hall
apply.
88. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Ta les
in Schedule C shall be determined by the Authority in accordance with the
classification and examples set out in Schedule B.
89. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classe set
out in the appropriate Use Zone Table in Schedule C shall be permitted by the
Authority in that Use Zone.
Page 40
90 Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes
set out in the appropriate Use Zone Table in Schedule C may be permitted in that
Use Zone if the Authority is satisfied that the development would not be contrary to
the general intent and purpose of these Regulations, the Municipal Plan, or any
further scheme or plan or regulation pursuant thereto, and to the public interest, and
if the Authority has given notice of the application in accordance with Regulation 32
and has considered any objections or representations which may have been
received on the matter.
91
Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes
set out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in
that Use Zone.
TOWN - OF
e IS
Background Study
2005 - 2015
PLAN·TECH -
ENVIRONMENT
TABLE OF CONTENTS
1.0
INTRODUCTION ................................................ 1
1.1
Location and History ........................................ 1
1.2
Background. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 1
2.0
COMMUNITY PROFILE .......................................... 2
2.1
Population Characteristics: 1996-2001 .......................... 2
2.2
Local Economy ............................................ 4
2.2.1
Labour Force CharacteristiCS ........................... 4
2.2.2
Income Levels ....................................... 7
2.2.3
Economic Development ............................... 8
3.0
LAND USE . ................................................... 10
3.1
Residential Use .......................................... 10
3.1.1
Housing Demand ................................... 10
3.1.2 Single-Residential Housing ............................ 12
3.2
Main Street .............................................. 12
3.3
Commercial Use .......................................... 13
3.3.1
General Commercial ................................. 13
3.4
Industrial Use ............................................ 13
3.4.1
The Industrial Park .................................. 13
3.4.2
Port Related Industrial Land ........................... 14
3.5
Open Space Use ......................................... 15
3.5.1
Open Space Conservation ............................ 15
3.5.2 Open Space Recreation """"""""""., ........ 15
3.6
Public Use .............................................. 16
3.7
Watershed .............................................. 16
3.8
Rural Use ............................................... 16
LIST OF TABLES
2.1
Population Change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .. 2
2.2
Age Characteristics of Population ............
. . . . . . . . ..
3
2.3
Employment by Industry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
2.4
Employment by Occupation .....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
2.5
Average Personal Income ................................................ 8
3.1
Residential and Commercial Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
Pa e 1
1.
INTRODUCTION
1.1
Location and History
The Town of Lewisporte is situated at the head of Burnt Bay in the Bay of Exploits
in a well protected harbour. Settlers first arrived in Lewisporte in 1887 and engaged
in prosperous fishing, logging and ship building industries.
Lewisporte's resources include an advantageous central location both in terms of
the region and the province, which has enhanced its success as a regional trade
and service centre. Known as the Gateway to the North, the Town has a first-class
deepwater port primarily used for trans-shipment of freight to Labrador and
incoming bulk cargo to Central Newfoundland.
Lewisporte (2001 population - 3,312) is a picturesque community located in the Bay
of Exploits.
With its attractive housing, strong commercial sector, marine
environment, and plentiful open space, the Town combines the best features of
traditional rural life with the conveniences of modern living.
1.2
Background
The Municipal Planning Area of the Town of Lewisporte incorporates an area of
approximately thirty seven square kilometres. With its attractive housing, strong
commercial sector, marine environment, and plentiful open space, the Town
combines the best features of traditional rural life with the conveniences of modern
living.
Pa
2
Lewisporte's resources include an advantageous central location both in terms of
the region and the province, which has enhanced its success as a regional tra e
and service centre.
2.0
COMMUNITY PROFILE
2.1
Population Characteristics: 1996 ·2001
The population of Lewisporte in 2001 was 3,312, an decrease of -10.7% from its
1996 population of 3709 and a -3.6% from its 1991 population of 3,848.
e
declining rate of population growth is similarto the trend for the province as a wh Ie,
which experienced a population decline of only 7% from 1996 to 2001. The Cen al
Newfoundland region (Census Division 8) experienced a population decline of -1 .6
percent during the 1996-2001 period.
Table 2.1: Population Change
Year
Population
Change
% Change
1981
3963
1986
3985
22
.005%
1991
3848
·137
·3.4%
1996
3709
·139
-3.6%
2001
3312
-397
-10.7%
Plan-Tech Environment Ltd.
Le is orte Munici al Plan 2005 - 2015 - Back round Stud
Pa e 3
Net migration for Lewisporte for the 1996-2001 period is presented in Table 2.2. It
shows a net out-migration from the community during the period. This was primarily
among men and women in the 25-44 age groups. It appears that young families
with children resulted in the major out-migration for this age group.
The loss of young people was negated somewhat by a net movement of older age
groups into the Town. This was particularly so among people 55 years and older.
Table 2.2: Age Characteristics of Population
Age Characteristics
Lewisporte
Lewisporte
% Change
of the Population
1996 Census
2001 Census
Total
Total
Total
Total - All Persons
4,820
4,285
-11.1%
Age 0-4
215
3180
-16.3%
Age 5-14
595
450
-48.5%
. - °-19
400
295
·26.3%
II Age 20-24
365
210
-42.5%
1~25-44
1315
1075
-71.1%
Age 45-54
685
685
0.4%
Age 55-64
505
520
35.8%
Age 65-74
385
435
26.9%
Age 75·84
270
265
11.6%
Ana 85 and over
95
90
-
Source;
Compiled by the Community Accounts Unit based on information provided from the
Census of Population 1996 and 2001, Statistics Canada.
Note:
The figures listed in Table 2.2 for Lewisporte include the surrounding communities
of Brown's Arm, Notre Dame Junction, Porterville, Stanhope and part of Embree.
Canada as a whole is experiencing an aging of its population due to failing
birthrates and higher longeVity. This is projected to accelerate as the baby boom
generation passes peak child-bearing age.
Pia -Tech Environment Ltd.
Lewis orte Munici al Plan 2005 - 2015 - Back round Stud
Pa e 4
At the local level changes in the age structure can be even more pronounced d e
to migration patterns by the young and the elderly. While some communities attr ct
young people due to job opportunities, others lose them for the opposite reas n.
Similarly, some communities attract older age groups while others experience hi h
levels of out-migration of the elderly.
The attraction of older age groups to Lewisporte can be attributed in part to t e
North Haven Manor retirement complex. This complex, comprised of a sen or
citizen's home and a hundred cottage units, is high in demand and currently ha a
sUbstantial waiting list. This attraction forthe aged is further enhanced by the ne Iy
constructed Pleasantview Manor, located at the end of Pleasant Street.
Due to the massive out-migration of population from the Town, region and t e
province as a whole, it would be difficult to predict future growth trends. Suffici nt
to say that population changes are affected by economic prosperity. Should t e
Town attract substantial business and job opportunities, then a reverse to the a t-
migration of young families is predictable.
2.2
Local Economy
2.2.1 Labour Force Characteristics
A breakdown of the Lewisporte labour force for the years 1996 and 200 is
presented in Table 2.3.
Plan-Tech Environment Ltd.
Le is orte Munici al Plan 2005·2015 - Back round Stud
Pa e 5
In 1996, the employable workforce of Lewisporte numbered 1555 people.
This figure decreased to 1450 in 2001. Table 1 shows the types of industries
in which these people worked. The change in the overall number of people
working in the Town cannot be determined because the Census does not
account for people who commute from other communities to work in
Lewisporte.
TABLE 2.3: EMPLOYMENT BY INDUSTRY, LEWISPORTE 2001
Industrv
No. of Employees
Percent of Total
Agriculture and other Resource
35
2.4%
Based Industries
ManufacturinQ and Construction
120
8.3%
Wholesale and Retail
510
35.2%
Finance and Real Estate
55
3.8%
Health and Education
320
22.1%
Business Services
175
12.1%
Other Services
230
15.9%
TOTAL
1,450
99.8
In 1996, service industries (tertiary) accounted for 1350 jobs or 86.8% of the
employable work force for Lewisporte. 2001 census data indicates that 1290
jobs, or 88.9% of the work force. The actual numbers of workers are lower
for 2001, but a higher percentage is reflected. This is a result of a decline
of the population of Lewisporte overall.
PI
-Tech Environment Ltd.
Pa e 6
The largest single industry division is in the form of wholesale and retail tra e
the most important employer in the Town, comprising 35.2 percent of t e
resident labour force resulting in 510 jobs. For the province as a whole t is
sector is much less important, accounting for 15.7 percent of the lab ur
force. This difference reflects Lewisporte's importance both as a retail tra e
centre servicing the surrounding region and a wholesale distribution cen re
servicing much of the Island and Labrador.
Personal, community, and business services are the next most import nt
sector, employing 22.2% in 2001. The business services sector account d
for 175 jobs or 12.1 % in 2001.
Transportation is described as the key basic industry of the Lewispo e
economy. This mainly involves port activity. This sector indicates 320 jo s
in 2001. Relative to the province as a whole, however, this sector remai s
very important. Transportation, communications, and utilities combined w re
responsible for 17.2% of the 2001 provincial labour force.
The primary industries and manufacturing playa significantly less import nt
role in Lewisporte than in the province as a whole. Manufacturing howe er
experienced significant decline from 1996 to 2001, falling from 90 to 35 jo s.
Lewisporte's labour force of 1,450 is comprised of 750 males and 7 0
females. The 2001 labour force participation rate among males 15 ye rs
and older was 51.7% percent and among females it was 48.3%.
e
comparable provincial participation rates were 53.3% and 46.7% respectiv Iy
for males and females.
Table 2.4 shows Lewisporte work force characteristics by occupation.
Plan-Tech Environment Ltd.
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TABLE 2.4: EMPLOYMENT BY OCCUPATION, LEWIS PORTE 2001
Occupations
No. of Employees
% of Total
ManaQement
145
10.0%
Business, Finance and Administration
190
13.0%
Natural and applied sciences
35
2.4%
Health
100
6,9%
Social science, education, government service and reliQion
120
8,2%
Art, culture, recreation and sport
25
1,7%
Sales and service
455
31,3%
Trades, transport and equipment operators
320
21,9%
Occupations unique to primary industries
20
1.4%
Occupations unique to processing, manufacturing and
utilities
25
1.7%
Other Occupations
20
1.4%
TOTAL
1,455
99,9
2.2.2 Income Levels
Average income levels are another measure of a community's economic
stability. Average income information is presented in Table 2,5forLewisporte
along with comparable figures for the province as a whole.
The Table shows that while average male and female incomes for seasonal
workers are slightly less than the provincial average, The figures change
sharply for full time workers. The income levels for full time male and female
are less that the provincial average as a whole,
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Table 2.5 - Average Personal Income
Average Incomes, 2001 ($,000)
Lewlsporte
Province
Worked Part Year
Worked Part Year
Male
Female
Total
Male
Female
Total
28,865
17,854
22,080
29,267
18,341
24,165
Worked Full Year
Worked Full Year
38.857
26.186
32.867
44.607
29.935
37.910
Source: Statistics Canada
2.2.3 Economic Development
The marine transportation sector represents a key component of t e
Lewisporte economy. Known as the "Gateway to the North", Lewisport is
the major departure point for goods and passengers going to Labrador.
This role, as well as the Town's central location on the Island, has facilitat d
Lewisporte's growth as a major wholesale distribution centre. Its strate ic
location has contributed as well to its development as a retail trade cen re
within the region. The Kittiwake Economic Development Zone has a
population of about 48,615.
Tourism is a steadily growing economic sector in the Lewisporte region. T is
is evidenced by the growth of accommodation facilities (eg. tourist cab s
and bed and breakfast outlets), community festivals, good restaurants, a d
boat tour operations. A recent study entitled "Exploits Valley Visitor Indus ry
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Development Strategy," while focusing on the Exploits Valley Watershed,
identified many tourism resources and opportunities relevant to nearby
Lewisporte.
The population of elderly Canadians is increasing very quickly, thus
representing a rapidly accelerating market.
Currently people over 65
comprise 12.7% of the country's 2001 population. By the 2006, Statistics
Canada census is projecting the over 65 population to increase to 13.3%.
Improvements in health care and pension incomes mean that older people
are now living more actively and are traveling more than ever before.
Recent research into settlement patterns by the elderly indicates that
housing conditions, health needs, social and recreational preferences, good
retail services, and general quality of life conditions are major factors
influencing where they want to live in their retirement. I ncreasingly retired
people are being attracted to small towns with adequate services but without
the congestion and high housing costs of larger urban centers. Many also
prefer to locate close to other retired people for the social benefits. Hence
the popularity of a community as a place to retire often has a snowballing
effect, thus creating a major service industry in providing retirement housing
and services.
As indicated in Table 2.2, in 1986 people over 65 years of age comprised
16.3% of Lewisporte's 2001 population. This compares to 12.3% for the
province as a whole. This clearly indicates the Town's popularity as a place
to retire. Besides the North Haven Manor, with its health care centre and
100 cottage units, many retired people live in conventional housing
throughout the community.
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Building on this popularity would seem a logical economic developm
strategy for Lewisporte. Employment impacts would be felt not only in
e
retail and personal service industries, but also in the housing industry, he
care, recreational services, financial services, etc.
In summary, no large scale economic development projects can now be
foreseen that will generate above-average population growth or land- se
demand in Lewisporte over the next ten year period. Neither is any m ·or
economic decline likely to happen. The greatest contributions to econo ic
development are likely to be from small scale activities in such areas as he
tourism, retail, and service sectors. As indicated in Tables 2.2 and 2.3, he
population can be expected to remain fairly stable (ie. within a maxim m
range of 5-7 percent below of its present level) for the next ten years.
3.0
LAND USE
3.1
Residential Use
3.1.1 Housing Demand
In 2001 Lewisporte had a total of 1,300 occupied private dwellings, do n
slightly by 20 from 1,320 in 1996. This includes all types of dwelli gs
including houses, apartment units, and retirement cottages at the N rth
Haven Manor. In the 2001 census, Statistics Canada reports that 90 n w
dwellings were constructed for a ten year period of 1991 - 2001. An aver ge
of 9 new homes were constructed per year.
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Future housing demand is affected by population growth and changes in
average household size.
In 2001 the average number of persons per
household in Lewisporte was 3.1. This compares to a average of 3.3 in
1996, 3.5 in 1991, and 3.8 in 1986. The reduced size of the average
household is attributed to the aging population and the declining number
children per family. This trend is predicted to continue for the foreseeable
future.
Table 3.1 provides a list of building permits issued in Lewisporte for both
residential and commercial buildings over a 10 year period.
Ta Ie 3.1 Residential and Commercial Permits
Y ar
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
Total
R s.
10
13
10
11
8
6
2
4
3
7
13
87
C mm.
2
4
1
0
1
1
0
1
0
0
4
14
Table 3.1 indicates that, on average in recent years, 9 new homes are built
annually.
Past trends suggest that approximately 90 - 100 additional
dwelling units will be required in Lewisporte over the ten-year planning
period. This would include all types of dwelling units including apartments.
Demand for new dwellings can be attributed to people wishing to migrate to
the Town.
It should also be noted that with a reduction in the total population a
corresponding decrease has not been reflected in the number of households.
This is due to the continuing gradual decline in average household size as
a result of population loss.
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3.1.2 Single-Residential Housing
No problems are envisioned in accommodating new residential housi
during the planning period. A large area of land located north of Ran e
Road and south of Cedar Drive is designated for a residential subdivisi
It has the capacity to accommodate 150 or more houses.
It will
e
developed incrementally as dictated by demand.
Given that adequate Residential land is already reserved in the current PI n
for development, no new major additional areas are recommended for
e
Residential designation.
3.2
Main Street
Main Street is the major link connecting one end of Lewisporte with the other. It
also is the connecting route for communities such as Embree and Stanhope ith
the provincial highway system. Existing land uses along Main Street include a
ix
of residential, commercial, industrial, public uses, and open space.
The combination of land uses along Main Street and its function as a Provin ial
road contribute at times to very heavy congestion. Heavy trucks traveling to nd
from the port contribute significantly to this congestion. In the current Plan, M in
Street is divided into a number of land use designations, including Resident al;
Commercial General, Town Centre; Industrial General, Port Related and Li ht;
Mixed Use; Public Use; and Open Space.
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3.3
Commercial Use
3.3.1 General Commercial
New commercial development has taken place primarily in the General
Commercial area on Main Street near the intersection with the Road to the
Isles. Future demand for commercial land is likely to be focused in this area
due to its good accessibility, high traffic flow, and existing commercial
concentration.
3.4
Industrial Use
3.4.1 The Industrial Park
The Lewisporte Industrial Park is located on a large block of land west of
Main Street in the southern end of the Town. Located at the entrance to
Lewisporte from the Trans Canada Highway and the Road to the Isles, and
adjacent to Lewisporte's major commercial expansion area, the Park is
ideally located to attract new businesses.
Currently there are 11 businesses operating in the Industrial Park providing
services ranging from cold storage facilities to masonry services. The
Industrial Park is owned by the Town of Lewisporte and has land designated
as an Industrial-Comprehensive Development Area (I-CDA) held in reserve
for future expansion.
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-Tech Environment Ltd.
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3.4.2 Port Related Industrial Land
Port-related industrial land includes the active site in centre of Town whi h
is presently used as a tank farm for the storage of fuels required for t e
marine and aviation industries.
The Musselbed area at the north end of Main Street and located on the ro d
to Embree for port related industrial activity. The area is presently held in
reserve as Industrial-Comprehensive Development Area (I-CDA) for 10 g
term port development.
Lewisporte Marina provides mariners with both recreational and professio al
marine services. The Marina has accommodations for 90 berths and c n
accommodate vessels up to 100'. The Marina also provides haul-out, fu I,
repairs, and other marine services.
The Marina is a key element for enhancing marine tourism and contributi g
to a more diversified and sustainable economy. The Marina was expand d
in 1998 and another expansion phase is expected to begin within the n xt
couple of years.
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3.5
Open Space Use
3.5.1 Open Space· Conservation
Open Space· Conservation uses are undeveloped portions of the shoreline
along the North Side shore and a small portion of the south side shore. Most
of the land located in the western extremity of the planning area is Open
Space - Conservation.
Cemeteries which are located separately from a church are designated as
Open Space-Conservation. Those cemeteries which are accessory to a
church property are included as Public Uses.
3.5.2 Open Space· Recreation
The Town has a Six-lane (five-pin) bowling alley, five neighborhood
playgrounds located through the town, an outdoor basketball court, two
softball fields, a regulation size soccer pitch and an ice arena all located in
the Town's Recreation Complex, located off Bowater Ave.
A Lifestyle Fitness and full strength training and conditioning centre complete
with a full cardiovascular and weight training room located are also located
in the Town's Recreation Complex. Four public tennis courts, located in the
Recreation Complex and on Hillgrade Street, are available for public use.
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3.6
Public Use
Public uses are identified as schools, churches, and public buildings in the To n
which are necessary for the continued social and economic functioning of he
community. It is important to protect and encourage development of these u es
within the community.
3.7
Watershed
The municipal watershed is a distinctive conservation land use where more string nt
measures are required for protection of public health and preservation of the nat ral
resource. Land use in the watershed is limited to passive recreation uses such as
hiking. No permanent buildings or structures are permitted, within the waters ed
except those required to control erosion.
3.8
Rural Uses
Rural uses are designations associated with rural based industry such as fores ry,
fishing, hunting, agriculture, or aggregate extraction. Residential uses are ot
permitted except as accessory to these permitted uses.
Activities such as electric power transmission, other public utilities or r ad
construction and maintenance, consistent with the objective of retaining the quali es
of the rural environment, may also be permitted.
Plan-Tech Environment Ltd.
Schedule "A"
2005 - 2015
PLAN-TECH -
ENVIRONMENT
Le is porte Municipal Plan - Schedule A
Page 1
SCHEDULE "A"
DEFINITIONS
A CESS: A way used or intended to be used by vehicles, pedestrians or animals in order to go from
as reet to adjacent or nearby land or to go from that land to the street.
A CESSORY BUILDING:
(i)
A detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, otlices, raised ramps and docks;
CESSORY USE:
A usc that is subsidiary to a permitted or discretionary use and that is
cu tomarily expected to occur with the permitted or discretionary use;.
T: The Urban and Rural Planning Act, 2000.
VERTISEMENT: Any word, letter, model, sign, placard, board, notice, device or
esentation, whether illuminated or not, in the nature of and employed wholly or in part for the
oses of advertisement, announcement or direction; excluding such things employed wholly as
a
emorial, or functional advertisement of Councils, or other local authorities, public utilities and
pu lie transport undertakers, and including any boarding or similar structure used or adapted for use
fo the display of advertisements.
RICUL TURE: Horticulture, fruit growing, grain growing, seed growing, dairy farming, the
br eding or rearing of livestock, including any creature kept for the production offood, wool, skins,
or
, or for the purpose of its use in the farming of land, the use of land as grazing land, meadow
I d, osier land, market gardens and nursery grounds and the use of land for woodlands where that
us is ancillary to the farming of land for any other purpose. "Agricultural" shall be construed
ac ordingly.
SEMENT USE: The use of land or buildings equipped for the playing of electronic,
m chanical, or other games and amusements including electronic games, pinball games and slot
m hine arcades and billiard and pool halls.
Lewisporte Municipal Plan Schedule A
ANIMAL UNIT: Anyone of the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
J cow (including cali);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg
1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
P e2
APARTMENT BUILDING: A building containing three or more dwelling units, but doe not
include a row dwelling.
APPLICANT: A person who has applied to an authority for an approval or permit to carry ut a
development.
APPEAL BOARD: The appropriate Appeal Board established under the Act.
ARTERIAL STREET: The streets in the Planning Area constituting the main traffic arteries 0 the
area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map.
AUTHORITY: A council, authorized administrator or regional authority.
BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons ther
than the immediate family of the ov.ller or tenant.
BUILDING: Every structure, erection, excavation, alteration or improvement whatsoever pi ced
on, over or under land, or attached, anchored or moored to land, and includes mobile struc res,
vehicles and marine vessels adapted or constructed for residential, commercial, industrial and ther
Le isporte Municipal Plan - Schedule A
Page 3
lik uses, and any part of a building as so defined and any fixtures that form part of a building.
BU LDING HEIGHT: The vertical distance, measured in metres from the established grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard root: and
(iii)
mean height level between the eave and the ridge of a gable, hip or gambrel roof, and
in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof.
B
LDING LINE: A line established by an authority that runs parallel to a street line and is set at
the closest point to a street that a building may be placed.
C LLECTOR STREET: A street that is designed to link local streets with arterial streets and
wh ch is designated as a collector street in the Municipal Plan, or on the Zoning Map.
D Y CARE CENTRE or DAY NURSERY: A building or part of a building in which services and
ac vities are regularly provided to children of pre-school age during the full daytime period as
de ned under the Day Nurseries Act, but does not include a school as defined by the Schools Act.
D VELOPMENT: The carrying out of any building, engineering, mining or other operations in,
on over, or under land, or the making of any material change in the use, or the intensity of use of any
, buildings, or premise and without limiting the generality of the foregoing, shall specifically
(a)
the making of an access onto a highway, road or way;
(b)
the erection of an advertisement or sign;
(c)
the parking of a trailer, or vehicle of any description used for the sale of refreshments
or merchandise, or as an ot1ice, or for living accommodation, for any period of time;
and shall exclude:
Lewisporte Municipal Plan - Schedule A
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(d)
the carrying out of works for the maintenance, improvement or other alteration 0 any
building, being works which affect only the interior ofthe building or which d not
materially affect the external appearance or use of the building;
(e)
the carrying out by a highway authority of any works required for the main ten ce
or improvement of a road, being works carried out on land within the boundari s of
the road reservation;
(f)
the carrying out by any local authority or statutory undertakers of any works fo the
purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or ther
apparatus, including the breaking open of any street or other land tor that purp se;
(g)
the use of any building or land within the courtyard of a dwelling house fo any
purpose incidental to the enjoyment of the dwelling house as such.
DEVELOPMENT REGULATIONS: Regulations and by-laws respecting development that ave
been enacted by the relevant authority.
DISCRETIONARY USE: A use that is listed within the discretionary use classes established i the
use zone tables of an authority"s development regulations.
DIRECTOR: The Director of Urban and Rural Planning.
DOUBLE DWELLING: A building containing two dwelling units, placed one above the oth , or
side by side, but does not include a self-contained dwelling containing a subsidiary apartmen
DWELLING UNIT: A self-contained unit consisting of one or more habitable rooms us
or
designed as the living quarters for one household.
ENGINEER: A professional engineer employed or retained by the Authority.
Le is porte Municipal Plan - Schedule A
Page 6
G
ERAL GARAGE: Land or buildings used exclusively for repair, maintenance and storage of
mo or vehicles and may include the sale of gasoline or diesel oil.
H ZARDOUS INllUSTRY: The use ofland or buildings for industrial purposes involving the use
of atcrials or processes which because of their inherent characteristics, constitute a special fire,
ex losion, radiation or other hazard.
IN PECTO R: Any person appointed and engaged as an Inspector by the Authority or by any federal
or rovincial authority or the agent thereof.
IN TITUTION: A building or part thereof occupied or used by persons who:
(a)
are involuntarily detained, or detained for penal or correctional purposes, or whose
liberty is restricted, or;
(b)
require special care or treatment because of age, mental or physical limitations or
medical conditions.
L ND: Includes land covered by water, and buildings and structures on, over, or under the soil and
fix ures that fonn part of these buildings and structures.
LI HT INDUSTRY: Use of any land or buildings for any general industrial use that can be carried
without hazard or intrusion and without detriment to the amenity of the surrounding area by
on of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
L CAL STREET: A street designed primarily to provide access to adjoining ilmd and which is not
de ignated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map.
L DGING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons other than
immediate family of the owner or tenant.
Lewisporte Municipal Plan Schedule A
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ESTABLISHED GRADE:
(i)
where used in reference to a building, the average elevation of the finished su face
of the ground where it meets the exterior or the front of that building exclusive 0 any
artificial embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average elevati n of
the finished grade of the ground immediately surrounding the structure, exc1usi e of
any artificial embankment or entrenchment;.
FAMILY AND GROUP CARE CENTRE: A dwelling accommodating up to but no more than
six (6) persons exclusive of staffin a home-like setting. Subject to the size limitation, this defi 'lion
includes, but is not limited to, the facilities called "Group Homes", "Halfway House", and "F ster
Home".
FLOOR AREA: The total area of all floors in a building measured to the outside face of ex rior
walls.
FRONT AGE: The horizontal distance between side lot lines measured at the building line.
FRONT YARD DEPTH: The distance between the front lot line of a lot and the front wall
the
main building on the lot.
GARAGE: A building erected for the storage of molor vehicles as an ancillary use to a lain
building on the lot.
GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, assem ing,
altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking
demolishing, or treating any article, commodity or substance. "Industry" shall be cons
ed
accordingly.
Le is porte Municipal Plan - Schedule A
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M BILE HOME SUBDIVISION: A mobile home development requiring the subdivision ofland
wh ther in single or joint ownership into two or more pieces or parcels of land for the purpose of
loe ting thereon mobile home units under either freehold or leasehold tenure and where the
rna ntenance of streets and services is the responsibility of a municipality or public authority, and
wh re the mobile home development is classified as a mobile home subdivision by the Authority.
N N-CONFORMING USE: means a legally existing use that is not listed as a permitted or
dis retionary use for the use zone in which it is located or which does not meet the development
sta dards for that use zone.
ER: means a person or an organization of persons owning or having the legal right to use the
PITTED USE: means a use that is listed within the permitted use classes set out in the use
zo e tables of an authority" s development regulations.
PI AND QUARRY WORKING: Carries the same meaning as Mineral Working.
P OHIBITED USE: means a use that is not listed in a use zone within the permitted use classes
or iscretionary use classes or a use that an authority specifies as not permitted within a use zone.
AR YARD DEPTH: means the distance between the rear lot line and the rear wall of the main
bu ding on the lot.
STAURANT: A building or part thereof, designed or intended to be used or occupied for the
pu ose of serving the general public with meals or refreshments for consumption on the premises.
R W DWELLING: Three or more dwelling units at ground level in one building, each unit
se arated vertically from the others.
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LOT: Any plot, tract or parcel of land which can be considered as a unit ofland for a particul use
or building.
LOT COVERAGE: The combined area of all buildings on the lot measured at the level 0 the
lowest floor above the established grade expressed as a percentage of the total area of the lot.
LOT AREA: The total horizontal area ",ithin the lot lines of the lot.
MINERAL WORKING: Land or buildings used for the working or extraction of any nat ally
occurring substance.
MOBILE HOME: A transportable factory-built single family dwelling unit:
(a)
which complies with space standards substantially equal to those laid down i the
Canadian Code for Residential Construction and is in accordance wit
the
construction standards laid down and all other applicable Provincial and Muni ipal
Codes and;
(b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot, and
subsequently supported on its own wheels, jacks, posts or piers, or n a
permanent foundation and;
(ii)
connected to exterior public utilities approved by the Authority, n
piped water, piped sewer, electricity and telephone, in order for such m bile
home unit to be suitable for year ronnd term occupancy.
MOBILE HOME PARK: A mobile home development under single or joint ownership, care for
and controlled by a mobile home park operator where individual mobile home lots are rent d or
leased with or without mobile home units placed on them and where ownership and responsi ility
for the maintenance and development of site facilities including underground services, access r ads,
communal areas, snow clearing and garbage collection, or any of them, are the responsibility
the
mobile home park management, and where the mobile home development is classified as a m bile
home park by the Authority.
Le is porte Municipal Plan - Schedule A
Page 10
ST
ET: means a street, road, highway or other way designed for the passage of vehicles and
pe estrians and which is accessible by fire department and other emergency vehicles.
S
EET LINE: means the the edge of a street reservation as defined by the authority having
jur sdiction.
S
DIVISION: The dividing of any land, whether in single or joint ownership, into two or more
es for the purpose of development.
S
SIDIARY APARTMENT: A separate dwelling unit constructed within and subsidiary to a
sel -contained dwelling.
T KE-OUT FOOD SERVICE: A building in which the primary purpose is the preparation and
sal of meals or refreshments for consumption ofT the premises.
T VERN: Includes a nightclub and means a building licensed or licensable under the Liquor
C trol Act wherein meals and food may be served for consumption on the premises and in which
cn rtaint11cnt may be provided.
U E: means a building or activity situated on a lot or a development pennitted on a lot.
U, E ZONE or ZONE: means an area of land including buildings and water designated on the
zo ing map to which the uses, standards and conditions of a particular use zone table apply.
V RlANCE: means a departure, to a maximum of 10% from the yard, area, lot coverage, setback,
si , height, frontage or any other numeric requirement of the applicable Use Zone Table of the
ority"s Regulations.
Z NING MAP: The map or maps attached to and forming part of the authority's regulations.
Lewisporte Municipal Plan - Schedule A
P e9
SEASONAL RESIDENCE; A dwelling which is designed or intended for seasonal or reereat nal
use, and is not intended for use as permanent living quarters.
SERVICE STATION: Any land or building used exclusively for the sale of petroleum prod cts,
automotive parts and accessories, minor repairs, washing and polishing of motor vehicles.
SERVICE STREET: A street constructed parallel to or close to another street for the purpo e of
limiting direct access to that street.
SHOP: A building or part thereof used for retail trade wherein the primary purpose is the selli g or
offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of tail
services but does not include an establishment wherein the primary purpose is the serving of
or refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE: A group of shops and complementary uses with integrated parkin and
which is planned, developed and designed as a unit containing a minimum of5 retail establishm nts.
SHOWROOM; A building or part of a building in which samples or patterns are displayed
d in
which orders may be taken for goods, wares or merchandise, including vehicles and equipmen , for
later delivery.
SIDE YARD DEPTH: means the distance between a side lot line and the nearest side wall 0 any
building on the lot.
SIGN: means a word, letter, model, placard, board, device or representation, whether illumi ted
or not, in the nature of or employed wholly or in part for the purpose of advertise
announcement or direction and excludes those things employed wholly as a mem
advertisements oflocal government, utilities and boarding or similar structures used for the di lay
of advertisements.
Schedule "B"
2005 - 2015
PLAN-TECH -
ENVIRONMENT
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
NO TE: The classification of uses set out in the following table is based on the Classification of Typical
Occupancies included as Table 3.1.2.A of the National Building Code of Canada, 1980. This
classification is referred to in Regulation 84.
GROUP
DIVISION
CLASS
EXAMPLES
A ASSEMBLY
1. Assembly Uses for the
(a) Theatre
Motion Picture Theatres
USES
production and viewing of
T.v. Studios admitting an
the performing arts.
audience.
2. General Assembly Uses
(a) CUltural and
Libraries
Civic
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(b) General
Community Halls
Assembly
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowling Alleys
(c) Educational
Schools
Colleges (non- residential)
(d) Place of
Churches and similar places of
Worship
worship.
Church Halls
(e) Passenger
Passenger Terminals
Assembly
(I) Club and
Private Clubs and
Lodge
Lodges (non-residential)
(9) Catering
Restaurants
Bars
Lounges
(h) Funeral
Funeral Homes and Chapels
Home
(i) Child Care
Dav Care Centres
U) Amusement
Electronic Games Arcades
Pinball Parlours
Poolrooms
Schedule B
Pa ~el
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A ASSEMBLY
3. Arena-type Uses
(a) Indoor
Arenas
USES
Assembly
Armouries
(continued)
Ice Rinks
Indoor Swimming Pools
4. Open-air Assembly Uses
(a) Outdoor
Bleachers
Assembly
Grandstands
Outdoor Ice Rinks
and Swimming Pools
Amusement Parks and
Fairgrounds
Exhibition Grounds
Drive-in Theatres
B. INSTITUTIONAL
1 Penal and Correctional
(a) Penal and
Jails
USES
I nstitutional Uses
Correctional
Penitentiaries
Detention
Police Stations (with det ntion
quarters)
Prisons
Psychiatric Hospitals (wi h
detention quarters)
Reformatories
2. Special Care
(a) Medical
Children's Homes
Institutional Uses
Treatment
Convalescent Homes
and Special
Homes for Aged
Care
Hospitals
Infirmaries
Orphanages
Psychiatric
Hospitals
Sanatoria
C. RESIDENTIAL
1. Residential
(a) Single
Single Detached Dwell'ln s
USES
Dwelling
Dwelling
Family & Group Homes
Uses
(b) Double
Semi-detached Dwelling
Dwelling
Duplex Dwellings
Family & Group Homes
(c) Row
Row Houses
Dwelling
Town Houses
Family & Group Homes
(d) Apartment
Apartments
Building
Family & Group Homes
SCI edu/e B
Page 3
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
C RESIDENTIAL
2. General Residential Uses
(a) Collective
Residential
USES
(continued)
Residential
Colleges & Schools
( ontinued)
University & College Halls
of Residence
Convents & Monasteries
Nurses and Hospital
Residences
(b) Boarding
Boarding Houses
House
Lodging Houses
Residential
Hospitalitv Home/B & B
(c) Commercial
Hotels & Motels
Residential
Hostels
Residential Clubs
(d) Seasonal
Summer Homes & Cottages
Residential
Hunting & Fishing Cabins
(e) Mobile
Mobile Homes
Homes
D BUSINESS
1. Business, Professional,
(a) Office
Offices (including Government
1> PERSONAL
and Personal Service
Offices) Banks
SERVICE
Uses
USES
(b) Medical &
Medical Offices and Consulting
Professional
Rooms
Dental Offices & Surgeries
Legal Offices
Similar Professional Offices
(c) Personal
Barbers
Service
Hairdressers
Beauty Parlours
Small Appliance Repairs
(d) General
Self-service Laundries
Service
Dry Cleaners (not using
flammable or explosive
substances)
Small Tool and Appliance
Rentals
Travel Agents
Schedule B
P ge4
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
1. Business,
(e) Communica-
Radio Stations
PERSONAL
Professional
tions
Telephone Exchanges
SERVICE
& Personal
USES
Service Uses
(f) Police
Police Stations
( continued)
(continued)
Station
without detention quart ~rs
(g) Taxi Stand
Taxi Stands
(h) Take-out
Take-out Food
Food Service
Service
(il Veterinary
Veterinary Surgeries
E. MERCANTILE
1. Retail Sale and
(a) Shopping
Shopping Centres
USES
Display Uses
Centre
(b) Shop
Retail Shops, Stores an
Showrooms
Department Stores
(c) Indoor
Market Halls
Market
Auction Halls
(d) Outdoor
Market Grounds
Market
Animal Markets
Produce and Fruit Stane s
Fish Stalls
(e) Convenience
Confectionary Stores
Store
Corner Stores
Gift Shops
SpecialtY Shops
F. INDUSTRIAL
1. Industrial uses involving
(a) Hazardous
Bulk Storage of hazardo ~s
USES
highly combustible and
Industry
liquids and substances
hazardous substances
Chemical Plants
and
Distilleries
processes.
Feed Mills
Lacquer, Mattress, Pain,
Varnish, and
Rubber Factories
Sorav Painting
SCI edu/eB
Pages
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
2. General Industrial Uses
(a) General
Factories
JSES
involving Limited
Industry
Cold Storage Plants
continued)
Hazardous Substances
Freight Depots
and
General Garages
Processes.
Warehouses
Workshops
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
(b) Service
Gasoline Service Stations
Station
Gas Bars
3. Light, Non-hazardous or
(a) Ught
Light Industry
Non-intrusive Industrial
Industry
Parking Garages
Uses.
Indoor Storage
Warehouses
Workshops
G NON-BUILDING
1. Uses not directly related
(a) Agriculture
Commercial Farms
USES
to
Hobby Farms
building.
Market Gardens & Nurseries
(b) Forestry
Tree Nurseries
Silviculture
(c) Mineral
Quarries
Working
Pits
Mines
Oil Wells
Mineral Exploration
(d) Recreational
Playing Fields
Open Space
Sports Grounds
Parks
Playgrounds
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural, Historical and
Scenic Sites
Steep Slopes
Wildlife Sanctuaries
(I) Cemetery
Cemeteries
Graveyards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
ScheduleS
P ge 6
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G. NON-BUILDING
1. Uses not directly related
(h) Solid Waste
Solid Waste Disposal
USES
to
Sanitary Land Fill
(continued)
building.
Incinerators
(i) Animal
Animal Pounds
Kennels
Zoos
Ol Antenna
N, Radio and
Communications
Transmitting, Receiving Masts
and Anten nae
(k)
Airfields
Transportation
Railway Yards
Docks and Harbours
TOWN·OF
e IS
Schedule "C"
2005 - 2015
PLAN-TECH
4»
ENVIRONMENT
NOTE:
USE ZONE TABLES
This schedule contains tables showing the use classes which
may be permitted orwhich may be treated as discretionary use
classes for the purpose of these Regulations. The tables also
indicate the required standards of development and may also
include conditions affecting some or all of the use classes.
The schedule contains tables for the following Use Zones:
Residential - Medium Density
Residential - Seniors
Residential - Rural
Residential - CDA
Mixed Development
Commercial - General
Commercial- Town Centre
Industrial General
Industrial - Port Related
Industrial - Light
Industrial - CDA
Open Space - Conservation
Open Space - Recreation
Public Buildings
Watershed
Rural
RMD
RS
RR
R-CDA
MD
CG
CTC
IG
IPR
IL
I-CDA
OSC
OSR
PB
WAT
RUR
Le v isporte Development Regulations, Schedule C
Page 1
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL MEDIUM DENSITY
(RMD)
PERMITTED USE CLASSES· (see Regulation 89)
SinQle dwellinQ, double dwelling: and conservation uses.
DISCRETIONARY USE CLASSES· (see Regulations 32 and 9086)
Row dwelling, apartment building, place of worship, educational, convenience store, boarding house
residential (see condition 5), personal service, medical and professional uses, antenna, recreational
open space veterinary clinic daycare centre.
STANDARD
WHERE PERMITTED
with water and sewer)
APARTMENT BUILDING
Single
Double
Row
Dwelling
Dwelling
Dwelling
1
2
3
4
Bed
Bed
Bed
Bed
Apt.
Apt.
Apt.
Apt.
Lot area (m') (min.)
450
390
350
200
250
280
300
-
(Average)
-
-
-
-
Floor area (m') (min.)
80
80
65
40
50
60
70
-
-
-
-
-
-
Frontage (m) (min.)
15
26
12
36
-
(average)
~Uil~\ng Line Setback (m)
6
6
8
8
min.
Sideyard Width (m) (min.)
1
1
1
5
Rearyard Depth (m) (min.)
6
6
6
6
Lot Coverage (%) (max.)
33
33
33
33
Height (m) (max.)
8
8
10
10
-
Per dwelling unit
(See Conditions)
Lewisporle Development Regulations, Schedule C
P ge2
CONDITIONS
1.
Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and fa the
purposes of calculating lot area and yard requirements, shall be considered part
of the self-contained dwellings.
2.
Residential Density
In each Residential Medium Density Zone there shall be not more than 0%
apartment units, row housing units, or a combination of apartment and row
housing units, the remainder being either single or double dwellings
r a
combination of single and double dwellings.
3.
Parks and Playgrounds
Parks and playgrounds may be located on backlands but shall have at Ie st 5
metre wide vehicular access directly onto a public street and shall have fen es,
hedges or barriers which shall not be higher than 1 metre when located in ront
of the building line.
4.
Family and Group Homes
Family and group home use is permitted in any dwelling that is adequate in ize
to accommodate the number of persons living in the group, inclusive of taff,
provided that in the opinion of Council the use of the dwelling does not mate ially
differ from, nor adversely affect, the amenities ofthe adjacent residences, a the
neighbourhood in which it is located.
Council may require special s fety
features to be provided to protect the occupants before occupancy is permi ed.
5.
Boarding House
(I)
The Boarding House Residential use class shall be a Hospitality Ho elB
&8.
(ii)
A hospitality home or bed and breakfast may be permitted provide
(a)
(b)
(c)
the use does not detract from the residential character a the
neighbourhood;
the use is carried out by a resident of the single or do ble
dwelling;
the dwelling in which the Hospitality Home/B & B use is carrie out
is similar in exterior finish, design, height, and scale to a pri ate
residential building;
Le isporte Development Regulations, Schedule C
Page 3
(d)
(e)
(f)
one parking space shall be provided for each guest room on the
lot;
a parking area shall be screened by a fence, or hedge;
the maximum number of guest rooms shall be five (5).
6.
Discretionary Uses· Site Standards
Where permitted a place of worship and an educational use shall conform to the
frontage, building line setback. sideyard, rearyard, lot coverage and height
requirements specified for a single dwelling.
7.
Educational Uses
The only educational uses that may be permitted on a discretionary basis are
elementary schools.
8.
Convenience Stores.
Convenience stores will only be permitted as a discretionary use under the
following conditions:
(I)
The store may be either a separate unit or be attached to a dwelling.
(ii)
The retail use shall be subsidiary to the residential character of the area,
and shall not affect residential amenities of adjoining properties.
9.
Medical, Professional and Personal Service Uses
Medical, professional and personal service uses may be permitted as a
discretionary use in a dwelling unit in the form of doctors' consulting rooms,
personal services, small business services, small appliance repair and sporting
goods repair service and similar uses provided that:
(I)
(ii)
(iii)
(iv)
The use is clearly a subsidiary use to the residential use and does not
detract from the residential character of the neighbourhood.
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the approved use and that no repairs to
vehicles or heavy equipment are carried out.
Activities associated with the use are not hazardous and do not cause
noticeable noise, odor, dust or fumes, or inconvenience and are not a
nuisance to the occupants of adjoining residences.
Not more than 25% of the total floor area of the dwelling up a maximum
of 45 m2 is devoted to the use.
Lewisporle Development Regulations, Schedule C
P ge4
(v)
No change is made in the type, class or extent of services prov ded
without a permit.
10.
Accessory Buildings
On residential lots of less than 1860 m2 , accessory buildings will be perm ed
subject to a maximum lot coverage of 7% or 56 m2, whichever is less, a d a
maximum height of 3 m. On lots of 1860 m2 or greater, accessory buildings
a~
be permitted at the discretion of Council up to a maximum lot coverage of 7 m
and a maximum height of 4 m. In reviewing an application for an acces ory
building exceeding 56 m2 or a height of 3 m, Council shall consider its efte ton
neighbouring properties.
An accessory building shall be permitted only in the rearyard of a dwellin . It
shall be no closer than 3 m from another building and 1.5 m from any pro erty
line.
Le ~ isporte Development Regulations, Schedule C
PageS
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL SENIORS
(RS)
PERMITTED USE CLASSES - (see Regulation 89)
Collective Residential, double dwelling and apartment building.
DISCRETIONARY USE CLASSES· (see Regulations 32 and 90)
Special Care Institutional Uses
STANDARD
Single
Double
Apartment Building
Dwelling
Dwelling
Lot area (m2) (min.)
Floor area (m2) (min.)
Frontage (m) (min.)
12
12'
30
Building Line Setback (m) (min.)
6
6
8
Sideyard Width (m) (min.)
1
1
5
Rearyard Depth (m) (min.)
14
14
14
Lot Coverage (%) (max.)
33
33
33
Height (m) (max.)
8
8
10
-
Per dwelling unit
(See Conditions)
CONDITIONS
1.
Parks and Playgrounds
Parks and Playgrounds may be located on backlands but shall have at least one
5 metre wide vehicular access directly onto a public street and shall have
fences, hedges or barriers which shall not be higher than one metre when
located in front of the building line.
2.
Special Care Institutional Uses
(I)
Special Care Institutional Uses shall only be permitted at the discretion
of Council and shall only include homes for the aged.
(ii)
Special Care Institutional Uses in this land use designation shall only be
permitted in the area of North Haven Manor, south of Centennial Avenue,
and Pleasantview Manor, located at the end of Pleasant Street.
Lew ispone Development Regulations, Schedule C
Pa ~e 6
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL RURAL
(R R)
PERMITTED USE CLASSES - (see Regulation 89)
Single dwelling.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Agriculture, forestry, general industry (see condition 5), cemetery, boarding house residential (f
condition 5), recreallOnal open space, animal, and antenna.
",e
CONDITIONS
1.
Development Standards (Lots fronting on Route 340)
The development standards for this zone for lots fronting on Route 340 shal
as follows:
be
(I)
Minimum Building Line Setback
6m.
(ii)
Maximum Building Line Setback
100 m.
(iii)
Minimum Sideyard Width
2m.
(iv)
Minimum Rearyard Depth
6m.
(v)
Maximum Height
8m.
(vi)
Minimum Lot Area
1800 m2
(vii)
Minimum Floor Area
80 m2
(viii)
Minimum Frontage
30m.
2.
Development Standards (Subdivision Lots· single dwellings)
The development standards for this zone for lots located in subdivi ion
development shall be as follows:
(I)
Minimum Building Line Setback
6m.
(ii)
Minimum Sideyard Width
1m.
(iii)
Minimum Rearyard Depth
6m.
(iv)
Maximum Height
8 m.
(v)
Minimum Lot Area
660 m2
(vi)
Minimum Floor Area
80 m2
(vii)
Minimum Frontage
22 m.
(viii)
Maximum Lot Coverage
33%
Le isporte Development Regulations, Schedule C
Page 7
3.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement
on any lot or site occupied by a use permitted or existing as a legal non-
conforming use in this use zone, shall be as follows:
(I)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of Council, having regard to
the safety and convenience of users of adjacent streets and sidewalks,
and the general amenities of the surrounding area.
(ii)
No advertisement shall exceed 5 m2 in area.
4.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on
any site, relating to a use permitted in this or another zone, or not relating to a
specific land use, shall be as follows:
(I)
(ii)
(iii)
Each advertisement shall not exceed 3 m2 in area.
When the advertisements relate 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 the premises to which they
relate.
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings
and the preservation of the amenities of the surrounding area.
5.
Boarding House
(I)
The Boarding House Residential use class shall be a Hospitality Home/B
& B.
(ii)
A hospitality home or bed and breakfast may be permitted provided:
(a)
(b)
(c)
(d)
(e)
(f)
the use does not detract from the residential character of the
neighbourhood;
the use is carried out by a resident of the single or double
dwelling;
the dwelling in which the Hospitality Home/B & B use is carried out
is similar in exterior finish, design, height, and scale to a private
residential building;
one parking space shall be provided for each guest room on the
lot;
a parking area shall be screened by a fence, or hedge;
the maximum number of guest rooms shall be five (5) ..
Lewisporte Development Regulations, Schedule C
P ge8
6.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at he.
discretion of Council provided that they are complementary to the perm ed
Residential - Rural uses and their development will not inhibit or prejudic tile
existence or the development of such uses.
General industrial uses shall be restricted to maintenance and repai of
equipment, processing and storage related to agriculture, forestry or
her
natural resource uses. Industrial uses shall be further limited to those w ich
must be located within a rural area in order to avail of raw materials. 0 her
reasons for considering a rural location may include the avoidance of nuis
within the built up community or the location of extensive land uses away
areas provided with municipal services.
Agriculture and animal uses may be permitted at the discretion of Co ncil
provided that they are of a scale that is compatible with rural residential ses
and that they shall not pose a nuisance or hazard to adjacent single dwelli gs.
7.
Onsite Services
Prior to any development permit being issued, individual residential lots hall
require an on site well and septic disposal system approved by the Govern ent
Service Centre.
LeI isporte Development Regulations, Schedule C
Page 9
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL - CDA
(R-CDA)
PERMITIED USE CLASSES - (see Regulation 89)
None exceot maintenance and ooeration of existina uses (See Condition 1)
CONDITIONS
1.
Residential - Comprehensive Development Scheme
Lands in the Residential-Comprehensive Development Scheme zone are
intended to be developed for residential uses. Before any residential
development is permitted, a Comprehensive Development Scheme shall be
prepared in conformity with section 3.2.2.4 of the Lewisporte Municipal Plan.
2.
Advertisements Relating to Onsite Uses
The erection or display of advertisements specified in Regulation 67 is
permitted without application to Council. No other advertisements are
permitted in this zone.
Lewisporte Development Regulations, Schedule C
Pag 10
USE ZONE TABLE
ZONE TITLE
MIXED DEVELOPMENT
(MD)
PERMITTED USE CLASSES - (see Regulation 89)
Single dwelling, row dwelling, double dwelling, apartment building, boarding house residential
(includes tourist homes and B & B), personal service, general service, catering, convenience sto e,
child care, office, medical and profeSSional, personal service, take-out food service, convenience
store, shop, cultural and civic, and place of worship.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
General Industry, and Light Industry, and all classes in the industrial use group.
CONDITIONS
1.
Development Standards
(a)
Residential development shall conform to the standards of he
Residential Medium Density Land Use Zone.
(b)
For all other development, the standards shall be as follows:
(I)
Minimum Building Line Setback
(ii)
Minimum Sideyard width
(iii)
Minimum Rearyard depth
(iv)
Maximum Height
4m
5 and 1 m
6m
10 m
2.
Parks and Playgrounds
Parks and playgrounds are the only uses which may be permitted within he
Recreational Open Space Use class. They may be located on backlands but
shall have at least one 5 m wide vehicular access directly onto a public st eet
and shall have fences, hedges or barriers which shall not be higher than
m
when located in front of the building line.
3.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertiserr ent
on any lot or site occupied by a use permitted in this use zone shall be as
follows:
(I)
(ii)
the size, shape, illumination and material construction of he
advertisement shall meet the requirements of Council, having regar to
the safety and convenience of users of adjacent streets and sidew Iks
and the general amenities of the surrounding area.
no advertisement shall exceed 10m2 in area.
Le isporte Development Regulations, Schedule C
Page 11
4.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on
any site, relating to a use permitted in this or another zone, shall be as follows:
(I)
each advertisement shall not exceed 10m2 in area,
(ii)
the advertisements shall be located within a reasonable distance of, and
only show thereon the name and nature of and the distance or direction
to the premises to which they relate,
(iii)
the location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings
and the preservation of the amenities of the surrounding area,
5.
Boarding House
(I)
(ii)
The Boarding House Residential use class shall be a Hospitality Home/B
&B,
A hospitality home or bed and breakfast may be permitted provided:
(a)
(b)
(c)
(d)
(e)
(f)
the use does not detract from the residential character of the
neighbourhood;
the use is carried out by a resident of the single or double
dwelling;
the dwelling in which the Hospitality Home/S & S use is carried out
is similar in exterior finish, design, height, and scale to a private
residential building;
one parking space shall be provided for each guest room on the
lot'
a parking area shall be screened by a fence, or hedge;
the maximum number of guest rooms shall be five (5),
6.
Accessory Buildings· Residential
On residential lots of less than 1860 m2, accessory buildings will be permitted
subject to a maximum lot coverage of 7% or 56 m2, whichever is less, and a
maximum height of 3 m, On lots of 1860 m2 or greater, accessory buildings ma~
be permitted at the discretion of Council up to a maximum lot coverage of 70 m
and a maximum height of 4 m, In reviewing an application for an accessory
building exceeding 56 m2 or a height of 3 m, Council shall consider its effect on
neighbouring properties,
Lewisporte Development Regulations, Schedule C
Pa e 12
An accessory building shall be permitted only in the rearyard of a dwellin . It
shall be no closer than 3 m from another building and 1.5 m from any pro erty
line
7.
Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and fo the
purposes of calculating lot area and yard requirements, shall be considered part
of the self-contained dwellings.
8.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided that they are complementary to uses withi the
permitted use classes or that their development will not inhibit or prejudic the
existence or the development of such uses.
9.
Buffer Strips
Where any industrial development permitted in this zone abuts an existin or
proposed residential area, or is separated from it by a road only, the own r of
the site of the industrial development shall provide a buffer strip between any
residential activity and the industrial use. The width of the buffer strip shal not
be less than 10 m. The buffer shall include the provision of such natur lor
structural barrier as may be required by Council and shall be maintained b the
owner or occupier to the satisfaction of Council.
10.
Municipal Services
Industrial development shall not be permitted in this zone unless adeq ate
municipal services and fire fighting capability designed to meet the needs 0 the
permitted industrial uses are available.
Fire fighting capability shall be
determined by the Provincial Fire Commissioner's Office and Council unde the
provisions of the National Fire Code.
11.
Parking
Off street parking must be provided for employees and customers in accord nce
with the standards established in Schedule "D" of these Regulations.
12.
General Industry Uses
General Industry Uses permitted within Mixed Development Zone shal be
located on the east side of Main Street and limited to the Fish Plant and 0 her
industrial uses directly reiated to the fishing industry, such as boat re air,
wharfage and storage.
Le 'sporte Development RegUlations, Schedule C
Page 13
13.
Residential and Commercial Uses
Residential and commercial uses permitted within Mixed Development Zone
shall be located on the west side of Main Street, except for commercial uses
which of necessity would be located within or attached to industrial buildings on
the east side of Main Street
14.
Requirements Adjacent to Navigable Water
No side or rear yard shall be required where a lot abuts navigable water, but all
development occurring in, on, over or under navigable water must have the
approval ofTransport Canada under the Navigable Waters Protection Act, and,
where the development would occupy Crown land covered by water, an
appropriate lease or grant from the Crown must first be obtained.
Lewisporte Development Regulations, Schedule C
Pa e 14
USE ZONE TABLE
ZONE TITLE
COMMERCIAL - GENERAL
(e G)
PERMITTED USE CLASSES - (see Regulation 89)
Shops, Convenience store, all use classes in the business, professional and personal service u es
division (see Schedule "8"), cultural and civic, club/lodge, child care, ccmmercial and boarding ho se
residential, light industry, service station, and educational.
DISCRETIONARY USE CLASSES· (see Regulations 32 and 90)
Single dwelling, apartment building, amusement, take-out food service, outdoor market, recrea!~ nal
open space, antenna, funeral home, theatre, passenger assembly, general assembly, catering, 0" ce,
general service, ccmmunications, taxi stand, indoor market, and place of worship.
CONDITIONS
1.
Development Standards
2.
The development-standards for this zone shall be as follows:
(a)
Minimum Building Line Setback
4m
(b)
Minimum Sideyard Widths
5 and 1 m
©
Minimum Rearyard Depth
6m
(d)
Maximum Height
10 m
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertiser~ent
on any lot or site occupied by a use permitted in this use zone shall b as
follows:
(I)
The site, shape, illumination and material construction a the
advertisement shall meet the requirements of Council, having rega d to
the safety and convenience of users of adjacent streets and side"" alks
and the general amenities of the surrounding area.
(ii)
No advertisement shall exceed 5 m2 in area.
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisemer ton
any site, relating to a use permitted in this or another zone, shall be as fall ws:
(I)
Each advertisement shall not exceed 5 m2 in area.
Lesporte Development Regulations, Schedule C
Page 15
(ii)
The advertisements shall be located within a reasonable distance of and
only show thereon the name and nature of and the distance or direction
to the premises to which they relate.
(iii)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets the location of street junctions, the location' of nearby buildings
and the preservation of the amenities of the surrounding area.
4.
Service Stations
The following requirements shall apply to all proposed service stations:
(a)
(b)
©
All gasoline pumps shall be located on pump is lands designed for such
purpose, and to which automobiles may gain access from either side.
Pump islands shall be set back at least 4 m from the front lot line.
Accesses shall not be less than 7 m wide and shall be clearly marked,
and where a service station is located on a corner lot, the minimum
distance between an access and the intersection of street lines at the
junction shall be 10m and the lot line between entrances shall be clearly
indicated.
5.
Boarding House
(I)
The Boarding House Residential use class shall be a Hospitality Home!S
& S.
(ii)
A hospitality home or bed and breakfast may be permitted provided:
(a)
(b)
(c)
(d)
(e)
(f)
the use does not detract from the residential character of the
neighbourhood;
the use is carried out by a resident of the single or double
dwelling;
the dwelling in which the Hospitality Home!S & S use is carried out
is similar in exterior finish, design, height, and scale to a private
residential building;
one parking space shall be provided for each guest room on the
lot;
a parking area shall be screened by a fence, or hedge;
the maximum number of guest rooms shall be five (5).
Lewisporle Development Regulations, Schedule C
Pa e 16
6.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided that they are complementary to uses withi the
permitted use or that their development will not inhibit or prejudice the exist nce
or the development of such uses.
7.
Access and Parking
Street access to and off street parking on General Commercial lots sha I be
established in accordance with Regulations 38 and 51 respectively in ord r to
provide a maximum level of public convenience and safety.
8.
Screening and Landscaping
Screening and/or landscaping may be required for existing or proposed Ge eral
Commercial uses in accordance with Regulation 54, to ensure the compati ility
of these uses with adjoining land uses, particularly residential uses.
9.
Livestock Buffer
Applications for commercial development within the 600 metre livestock b ffer
shall be referred to the Soil and Land Management Division, Departme t of
Natural Resources.
Lel1l sporte Development Regulations, Schedule C
Page 17
USE ZONE TABLE
ZONE TITLE
COMMERCIAL - TOWN CENTRE
(CTC)
PERMITTED USE CLASSES - (see Regulation 89)
Shops, office, catering, commercial residential, conservation, ccnvenience store, cultural and civic,
theatre, personal service, place of worship, educational institutions, service stations, medical and
professional, general service, general industry (general garages only)
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Recreation Open Space, Indoor Market, Outdoor Market, light industry, and general industry.
CONDITIONS
Development Standards
The development standards for this zone shall be as follows:
(a)
Minimum Building Line Setback (Buildings along Main
Street may be built on the street line, particularly when
parking and loading requirements can be provided
elsewhere).
(b)
©
(d)
Minimum Sideyard Width
Minimum Rearyard Depth
Maximum Height
2.
Advertisements Relating to Onsite Uses
4m
5 and 1 m
6m
10 m
The conditions which shall apply to the erection or display of an advertisement
on any lot or site occupied by a use permitted or existing as a legal non-
conforming use in this use zone, shall be as follows:
(I)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of The Highway Sign
Regulations as well as Council, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(ii)
No advertisement shall exceed 10m2 in area.
Lewisporfe Development Regulations, Schedule C
Pa e 18
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertiseme t on
any site, relating to a use permitted in this or another zone, or not relating to a
specific land use, shall be as follows:
(I)
(ii)
(iii)
Each advertisement shall not exceed 10 m2 in area.
When the advertisements relate to a specific land use, they sh II be
located within a reasonable distance of, and only show thereon the n me
and nature of the distance or direction to the premises to which hey
relate.
The location, siting and illumination of each advertisement shall be t the
satisfaction of Council, having regard to the grade and alignme t of
streets, the location of street junctions, the location of nearby buil ings
and the preservation of the amenities of the surrounding area.
4.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted a the
discretion of Council provided that they are complementary to uses withi the
permitted use classes or that their development will not inhibit or prejudic the
existence or the development of such uses.
5.
Shops
The shops permitted in the Commercial Town Centre Zone shall be limit d to
retail shops and specialty shops which are of a scale which blends int the
traditional character of the area. Shops such as car dealerships or bui ing
supply stores will not be permitted.
Lev. 'sporle Development Regulations, Schedule C
Page 19
USE ZONE TABLE
ZONE TITLE
INDUSTRIAL· GENERAL
(lG)
PERMITTED USE CLASSES - (see Regulation 89)
General industry, service station, light industry, agriculture, forestry, conservation, transportation uses,
offices in conjunction with the above.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Educational, passenger assembly, all uses classes in the business, professional and personal service
uses division, (see Schedule B), recreational open space, antenna, outdoor assembly, single dwelling.
mineral working, cemetery, solid waste disposal, games arcade, and hazardous industrY.
CONDITIONS
1.
Development Standards
2.
The development standards for this zone shall be as follows:
(I)
Minimum Building Line Setback
6m
(ii)
Minimum Sideyard Width
5m
(iii)
Minimum Rearyard Depth
6m
(iv)
Maximum Height
15 m
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement
on any lot or site occupied by a use permitted or existing as a legal non-
conforming use in this use zone, shall be as follows:
(I)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of Council, having regard to
the safety and convenience of users of adjacent streets and sidewalks,
and the general amenities of the surrounding area.
(ii)
No advertisement shall exceed 5 m2 in area.
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on
any site, relating to a use permitted in this or another zone, or not relating to a
specific land use, shall be as follows:
Lewisporte Development Regulations, Schedule C
Pa e20
(I)
Each advertisement shall not exceed 3 m2 in area.
(ii)
When the advertisements relate to a specific land use, they sha I be
located within a reasonable distance of, and only show thereon the n me
and nature of the distance or direction to the premises to which hey
relate.
4.
Service Stations
The following shall apply to all proposed service stations:
(a)
(b)
©
All gasoline pumps shall be located on pump is lands designed for uch
purpose, and to which automobiles may gain access from either si e.
Pump islands shall be set back at least 4 m from the front lot line.
Accesses shall not be less than 7 m wide and shall be clearly mar ed,
and where a service station is located on a corner lot, the mini um
distance between an access and the intersection of street lines a the
junction shall be 10m and the lot line between entrances shall be cl arly
indicated.
5.
Buffer Strips
Where any industrial development permitted in this zone abuts an existi
or
proposed residential area, or is separated from it by a road only, the own r of
the industrial development site shall provide a buffer strip not less than 10m
wide between any residential activity and the industrial area, The buffer hall
include the provision of such natural or structural barrier and shall be mainta ned
by the owner or occupier to the satisfaction of Council.
6.
Municipal Services
Industrial development shall not be permitted in this zone unless adeq ate
municipal services and fire fighting capability designed to meet the needs 0 the
permitted industrial uses are available.
7.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided they are complimentary to uses within the
permitted uses classes or that their development will not inhibit or prejudic the
existence or the development of such uses.
Lel\ ·sporte Development Regulations, Schedule C
Page 21
USE ZONE TABLE
ZONE TITLE
INDUSTRIAL - PORT RELATED
(lPR)
PERMITIED USE CLASSES - (see Regulation 89)
General industry, hazardous industry, transportation, office, passenger assembly.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
All uses classes in the business, professional and personal service uses division, (see Schedule
B), recreational open space, outdoor assembly, single dwelling, mineral working, and games
arcade.
CONDITIONS
1 .
Development Standards
The development standards for this zone shall be as follows:
-
(I)
Minimum Building Line Setback
15 m*
(ii)
Minimum Sideyard Width
-
for hazardous industry
15 m*
-
for other industrial uses
4m
(iii)
Minimum Rearyard Depth
-
for hazardous industry
15 m*
-
for other industrial uses
6m
(iv)
Maximum Height
14 m*
or such higher standards as may be prescribed in the National Buildin~ Code of Canada,
the National Fire Code, the Fire Commissioner's Office or by CouncIl.
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement
on any lot or site occupied by a use permitted or existing as a legal non-
conforming use in this use zone, shall be as follows:
(I)
(ii)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of Council, having regard to
the safety and convenience of users of adjacent streets and sidewalks,
and the general amenities of the surrounding area.
No advertisement shall exceed 5 m2 in area.
Lewisporte Development Regulations, Schedule C
Pa e 22
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertise me ton
any site, relating to a use permitted in this or another zone, or not relating to a
specific land use, shall be as follows:
(I)
Each advertisement shall not exceed 3 m2 in area.
(ii)
When the advertisements relate to a specific land use, they sha I be
located within a reasonable distance of, and only show thereon the n me
and nature of the distance or direction to the premises to which hey
relate.
(iii)
The location, siting and illumination of each advertisement shall be t the
satisfaction of Council, having regard to the grade and alignme t of
streets, the location of street junctions, the location of nearby build ngs
and the preservation of the amenities of the surrounding area.
4.
Buffer Strips
Where any industrial development permitted in this zone abuts an existi
or
proposed residential area, or is separated from it by a road only, the own r of
the site of the industrial development shall provide a buffer strip between any
residential activity and the industrial use. The width of the buffer strip, i the
case of fuel storage tanks shall not be less than 30 m. For all other uses the
buffer strip shall not be less than 10m. The buffer shall include the provisi n of
such natural or structural barrier as may be required by Council and sha I be
maintained by the owner or occupier to the satisfaction of Council.
5.
Municipal Services
Industrial development shall not be permitted in this zone unless adeq ate
municipal services and fire fighting capability designed to meet the needs 0 the
permitted industrial uses are available. In the case of the Mussel Bed
ove
area, water and sewage services will be provided to the satisfaction of Cou cil.
Fire fighting capability shall be determined by the Provincial Fire Commissi ner
and Council under the provisions of the National Fire Code.
S.
Parking
Off street parking must be provided for employees and customers in accord nee
with the standards established in Schedule "D" of these Regulations.
7.
Requirements Adjacent to Navigable Water
No side or rear yard shall be required where a lot abuts navigable water, b tall
development occurring in, on, over or under navigable water must have the
approval of Transport Canada under the Navigable Waters Protection Act, nd,
where the development would occupy Crown land covered by water, an
appropriate lease or grant from the Crown must first be obtained.
Le 'sporte Development Regulations, Schedule C
Page 23
Hazardous Industry
Uses permitted within this Use Class will be limited to bulk oil and fuel storage.
9.
General Industry
Uses permitted within this Use Class will be limited to uses directly related to
transport such as wharfage, warehouses, boat repair, workshops, freight depots,
marine transportation terminal and fuel distribution outlet.
10.
Office
Offices permitted within this zone shall be limited to ancillary uses designed to
support the permitted uses.
Lewisporle Development Regulations, Schedule C
Pa e24
USE ZONE TABLE
ZONE TITLE
INDUSTRIAL - LIGHT
IL)
PERMITTED USE CLASSES - (see Regulation 89)
Light industry (see definition, Schedule "P;' and Schedule "8"), service station, agriculture, fore try,
conservation.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Educational, passenger assembly, all use classes in the business professional and personal se~ ice
uses division (see Schedule "8'), recreational open space, antenna, place of worship, outcpor
assembly, single dwelling, mineral working, cemetery, solid waste disposal, and games arcade.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
(a)
Minimum Building Line Setback
4 m
15 m along Stanhope Road
(b)
©
(d)
Minimum Sideyard Width
Minimum Rearyard Depth
Maximum Height
2.
Advertisements Relating to Onsite Uses
5 and 1 m
6m
15 m
The conditions which shall apply to the erection or display of an advertisen ent
on any lot or site occupied by a use permitted or existing as a legal
on-
conforming use in this use zone, shall be as follows:
(I)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of The Highway
ign
Regulations as well as Council, having regard to the safety 3nd
convenience of users of adjacent streets and sidewalks, and the gen ;ral
amenities of the surrounding area.
(ii)
No advertisement shall exceed 5 m2 in area.
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisemen on
any site, relating to a use permitted in this or another zone, or not relating 0 a
specific land use, shall be as follows:
Le 'sporte Development Regulations, Schedule C
Page 25
(I)
Each advertisement shall not exceed 3 m2 in area.
(ii)
When the advertisements relate 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 the premises to which they
relate.
(iii)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings
and the preservation of the amenities of the surrounding area.
Service Stations
The following shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump is lands designed for such
purpose, and to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 m from the front lot line.
©
Accesses shall not be less than 7 m wide and shall be clearly marked,
and where a service station is located on a comer lot, the minimum
distance between an access and the intersection of street lines at the
junction shall be 10m and the lot line between entrances shall be clearly
indicated.
5.
Buffer Strips
Where any industrial development permitted in this zone abuts an existing or
proposed residential area, or is separated from it by a road only, the owner of
the site of the industrial development shall provide a buffer strip not less than 10
m wide between any residential activity and the industrial area. The buffer shall
include the provision of such natural or structural barrier and shall be maintained
by the owner or occupier to the satisfaction of Council. A buffer strip not less
than 30 m wide shall be maintained along Stanhope Road within the Light
Industrial Zone. Trees will be retained within this buffer strip where possible and
the planting of additional trees may be required by Council. New trees will be
a minimum height of 1 m.
6.
Municipal Services
Industrial development shall not be permitted in this zone unless adequate
municipal services and fire fighting capability designed to meet the needs of the
permitted industrial uses are available. For the Stanhope Road area, private
water and sewage services shall be provided by the developers to the
requirements of Council.
Lewisporle Development Regulations, Schedule C
Pa e26
7.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted a the
discretion of Council provided that they are complementary to uses withi the
permitted use classes or that their development will not inhibit or prejudic the
existence or the development of such uses.
8.
Outdoor Storage
Outdoor storage shall be located on the lot so as to have minimal impact rom
the street.
9.
Impact Upon Amenities
No uses shall be permitted that in Council's opinion will emit noise, smoke, ust,
vibration, smell, light or effluent that will be destructive to the na ural
environment or in any way detract from the attractiveness of adjoining area for
tourists, fishermen or naturalists.
Lew porte Development Regulations, Schedule C
USE ZONE TABLE
ZONE TITLE
INDUSTRIAL - CDA
PERMITTED USE CLASSES - (see Regulation 89)
None except maintenance and operation of existing uses
CONDITIONS
~.
Industrial - Comprehensive Development Scheme
Page 27
(I-CDA)
Lands in the Industrial-Comprehensive Development Scheme zone are intended
to be developed for industrial uses. Before any industrial development takes
place, a development scheme shall be prepared in conformity with section
3.2.5.4 of the Lewisporte Municipal Plan.
~.
Advertisements
The erection or display of advertisements specified in Regulation 67 of these
Development Regulations is permitted without application to Council. No other
advertisements are permitted in this zone.
Lewisporte Development Regulations, Schedule C
USE ZONE TABLE
ZONE TITLE
OPEN SPACE CONSERVATION
PERMITTED USE CLASSES - (see Regulation 89)
Conservation
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Agriculture and Forestry, antenna, recreational open space, cemeteries.
CONDITIONS
1.
Discretionary and Special Use Classes
Pa~e 28
(0 ~C)
The discretionary use classes listed in this table may be permitted a the
discretion of Council provided that they are complimentary to permitted us s or
that their development will not inhibit or prejudice the existence or the
development of such uses. Agriculture and forestry uses will only be permitted
within the Stanhope Pond watershed following preparation of a Reso~rce
Management Scheme which finds them to be acceptable uses.
2.
Permanent Structures
No permanent buildings or structures shall be permitted on lands within this
zone except for those necessary for conservation of the natural environm nt.
3.
Public Access
Public access will be preserved, where possible, to Open Space - Conserv tion
areas.
Lew sporte Development Regulations, Schedule C
USE ZONE TABLE
ZONE TITLE
OPEN SPACE RECREATION
PERMITTED USE CLASSES - (see Regulation 89)
Recreational Open Space (see Schedule "B"), conservation
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Convenience stores, take-out restaurant, indoor and outdoor assembly.
CONDITIONS
~.
Development Standards
The development standards for this zone shall be as follows:
(a)
Minimum Building Line Setback
(b)
Minimum Sideyard Width
©
Minimum Rearyard Depth
(d)
Maximum Height
~.
Advertisements Relating to Onsite Uses
Page 29
(OSR)
4m
5m
6m
15 m
The conditions which shall apply to the erection or display of an advertisement
on any lot or site occupied by a use permitted or existing as a legal non-
conforming use in this use zone, shall be as follows:
(I)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of The Highway Sign
Regulations as well as Council, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(ii)
No advertisement shall exceed 5 m2 in area.
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on
any site, relating to a use permitted in this or another zone, or not relating to a
specific land use, shall be as follows:
Lewisporle Development Regulations, Schedule C
Pa e 30
(I)
(ii)
(iii)
Each advertisement shall not exceed 3 m2 in area.
When the advertisements relate to a specific land use, they sh II be
located within a reasonable distance of, and only show thereon the
me
and nature of the distance or direction to the premises to which they
relate.
The location, siting and illumination of each advertisement shall be t the
satisfaction of Council, having regard to the grade and alignme t of
streets, the location of street junctions, the location of nearby buil ings
and the preservation of the amenities of the surrounding area.
4.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted a the
discretion of Council provided that they are complementary to uses withi the
permitted use classes or that their development will not inhibit or prejudic the
existence or the development of such uses. Catering uses to be consid red
within this use zone shall be limited to refreshment booths/pavilions which
uld
server recreation users.
5.
Land Unsuitable for Development
Land immediately adjacent to any shoreline or stream which is unsuitabl for
development due to steep slope, poor drainage, potential for erosio , or
potential for flooding shall be retained in its natural state of topography, soil and
vegetation.
Lew sporte Development Regulations, Schedule C
Page 31
USE ZONE TABLE
ZONE TITLE
PUBLIC BUILDINGS
(PB)
PERMITTED USE CLASSES - (see Regulation 89)
Educational, cultural and civic uses, general assembly, medical treatment and special care, office,
conservation, place of worship.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Recreation open space.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
(a)
Minimum Building Line Setback
(b)
Minimum Sideyard Width
©
Minimum Rearyard Depth
(d)
Maximum Height
2.
Medical Treatment and Special Care
10 m
5m
10 m
15 m
Uses permitted within the Medical Treatment and Special Care use class (see
Schedule "8") shall be limited to children's homes and homes for the aged.
Lew isporte Development Regulations, Schedule C
Pa ile 32
USE ZONE TABLE
ZONE TITLE
WATERSHED
(W Tl
PERMITTED USE CLASSES - (see Regulation 89)
Conservation,
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Anlenna, forestry, agriculture, mineral exploration, recreational open space,
CONDITIONS
1.
Discretionary Uses
Discretionary uses may be permitted at the discretion of the Council prov ded
that they are complimentary to uses within the permitted use classes or that heir
development will not inhibit or prejudice the existence or the developme t of
such uses, All development shall be subject to approval and compliance with
the Water Resources Division, Department of Environment and Conserva ion,
2.
Forestry, Agriculture, and Existing Areas
Selective forestry activities, agriculture, and the maintenance, continuation and
limited extension of existing uses may be permitted provided they caus
detrimental effect on water quality,
no
Lew porte Development Regulations, Schedule C
Page 33
USE ZONE TABLE
ZONE TITLE
RURAL
(RUR)
PERMITTED USE CLASSES - (see Regulation 89)
Agriculture and forestry, conservation.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Outdoor assembly, single dwelling, mineral working, recreational open space, cemetery, antenna,
solid waste, Qeneral industry (see condition 3), animal.
CONDITIONS
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement
on any lot or site occupied by a use permitted or existing as a legal non-
conforming use in this use zone, shall be as follows:
(I)
(ii)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of Council, having regard to
the safety and convenience of users of adjacent streets and sidewalks
and the general amenities of the surrounding area.
No advertisement shall exceed 10m2 in area.
2.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on
any site, relating to a use permitted in this or another zone or not relating to a
specific land use, shall be as follows:
(I)
(ii)
(iii)
Each advertisement shall not exceed 3 m2 in area,
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of and the distance or direction to the premises to which they
relate.
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings
and the preservation of the amenities of the surrounding area.
3.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
Lewisporte Development Regulations, Schedule C
General industrial uses shall be restricted to maintenance and rep ir of
equipment, processing and storage related to agriculture, forestry or other ural
resource uses.
Industrial uses shall be further limited to those which must be located withi the
Rural area in order to avail of raw materials. Other reasons for consideri g a
rural location may include the avoidance of nuisance within the bu It-up
community or the location of highly extensive land uses away from
eas
provided with municipal services.
Single dwelling uses shall be subject to the development standards appli able
to Medium Density Residential uses as specified in these Regulations and hall
be permitted strictly where they are accessory to a legitimate rural use.
Under no circumstances shall uses be permitted which now or in future may
require municipal services.
4.
Discretionary Use Dwelling
Residential dwellings may be permitted althe discretion of Council provided hey
are accessory to a permitted use and are necessary to the successful oper tion
of that use.
A.
Agricultural Use
The erection of a residence in conjunction with an agricultural use sha I be
subject to the following conditions:
(I)
that the agricultural use is a full-time commercial operation as desc ibed
by the Department of Natural Resources, and that the occupier 0 the
proposed residence is actively engaged in the agricultural activity 0 the
same parcel of land for which the residence is proposed;
(ii)
that, in the case of a livestock or poultry operation, suitable struct res
designed to accommodate the livestock or poultry have been compl ted;
(iii)
that, in the case of root crop production, a minimum of six (6) hect res
has been cultivated and in production for at least two (2) years; an lor
(iv)
that, in the case of greenhouse production, a minimum of 400
2 of
greenhouse space has been constructed, and earth within prepare for
CUltivation.
Le sporle Development Regulations, Schedule C
Page 35
B.
Other Permitted Rural Commercial Uses
The erection of a residence in conjunction with a permitted use other than
agriculture shall be subject to the following conditions:
(I)
that the commercial use is a full-time operation (subject to seasonal
constraints) and that the occupier of the proposed residence is actively
engaged in the commercial activity on the same parcel of land for which
the residence is proposed;
Oi)
that the capital investment in the proposed commercial activity is at least
50% of the investment in the residence; and/or
(iii)
that the commercial activity has been in operation for a minimum of 2
years.
5.
Mineral Workings
a)
Separation from Adjacent Uses
No mineral working shall be in general view of urban development or scenic
areas. Mineral workings must also conform with the minimum distances from
other development as set out below.
Feature
Minimum Distance from Pit or
Quarry
Existino or proposed residential development
300 metres
Other development or areas that may be developed
150 metres
durinQ the life of the pit or Quarry
Public highway or street
50 metres
Waterbody or watercourse
30 metres
b)
Fencing
Council may require the mineral working site or excavated areas of a pit or
quarry to be enclosed by a fence designed and constructed to its specifications
and no less than 1.8 metres in height.
c)
Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any waterbody or watercourse. Any access road
to a pit or quarry working which crosses a brook or stream shall be bridged or
culverted at the crossing in accordance with the Regulations of the Department
of Environment and Conservation.
Lewisporte Development Regulations, Schedule C
Pa e36
d)
Water Ponding
No mineral working shall result in the excavation of areas below the lev I of
water table nor in any way cause the accumulation or ponding of water in any
part of the site. Settling ponds may be permitted with the approval 0 the
Department of Environment and Conservation.
e)
Erosion Control
No mineral working shall be carried out in a manner that would lead to er
ion
of adjacent land.
f)
Site Maintenance
Garbage, refuse, abandoned vehicles and equipment or derelict buildings
ust
be removed from the site upon cessation of the operation or at any other ime
upon notification of Council.
g)
Access Roads
During extended periods of shutdown or termination of a mineral wor ing,
access roads shall be ditched or barred to the satisfaction of Counc I at
intersections with public roads to prevent vehicular access.
h)
Termination and Site Rehabilitation
Upon completion of a mineral working, the following work shall be carried 0 t by
the operator:
i)
ii)
iii)
iv)
v)
all buildings, machinery and equipment shall be removed;
all pit and quarry slopes shall be graded to slopes less than 20° or t the
slope conforming to that existing prior to the mineral working;
topsoil and any organic materials shall be re-spread over the e tire
quarried area;
the access road to the working shall be ditched or barred to pre ent
vehicular access; and
if the mineral working contains reserves of material sufficient to sup ort
further extraction operations, Council may require the work descri ed
above to be carried out only in areas of the site where extraction as
depleted aggregate reserves.
Lew porte Development Regulations, Sc;hedule C
Page 37
Accessory Buildings - Residential
Accessory may be permitted as a discretionary use with an approved residential
use and shall conform to the following condition:
On residential lots of less than 1860 m2, accessory buildings will be permitted
subject to a maximum lot coverage of 7% or 56 m2 , whichever is less, and a
maximum height of 3 m. On lots of 1860 m2 or greater, accessory buildings ma~
be permitted at the discretion of Council up to a maximum lot coverage of 70 m
and a maximum height of 4 m. In reviewing an application for an accessory
building exceeding 56 m2 or a height of 3 m, Council shall consider its effect on
neighbouring properties.
Schedule "D"
2005 - 2015
PLAN-TECH -.
ENVIRONMENT
SCHEDULE '0'
OFF-STREET PARKING REQUIREMENTS
1.
The offstreet parking requirements for uses in the various use classes set out in Schedule B shall
be as set out in the following table.
2.
In the case of developments including uses in more than one use class, these standards shall be
regarded as cumulative.
3.
Adequate offstreet provision for drop-off and pick-up of persons shall be provided in
developments where required, such as uses within the educations, passenger assembly, child
care, medical treatment and special care, commercial residential and take-out food service use
classes.
G
D
R
I
a
v
U
I
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
P
S
I
a
N
A
1
(a) Theatre
One space for every 5 seats.
2
(a) Cultural and Civic
One space for every 50 square metres of gross floor areas.
(b) General Assembly
One space for every 10 square metres of gross floor area.
(c) Educational
Schools - 2 spaces for every class room.
Further education - 1 space for every 5 persons using the facil-
ities (students, faculty and staff).
(d) Place of Worship
One space for every 5 seats.
(e) PassenQer Assembly
As specified by the Authority.
(I) Club and Lodge
One space for every 3 persons that may be accommodated at
one time.
(g) Catering
One space for every 3 customers that may be accommodated at
one time.
(h) Funeral Home
One space for every 10 square metres of gross floor area.
(i) Child Care
One space for every 20 square metres of gross floor area.
til Amusement
One space for every 10 square metres of Qross floor area.
3
(a) Indoor Assembly
One space for every 10 spectators that may be accommodated
at one time.
4
(a) Outdoor Assembly
As specified by the Authority.
B
1
(a) Penal and
As specified by the Authority.
Correctional
Detention
Schedule D
P ~ge2
OFF-STREET PARKING REQUIREMENTS
G
D
R
I
0
V
U
I
CLASS
MINIMUM OFF-STREET PARKING REQUIRE~ ENT
P
S
I
0
N
C
2
(a) Medical Treatment
One space for every 2 patients.
and Special Care
1
(a) SinQle Dwellino
Two spaces for every dwellinq unit.
C
(b) Double DwellinQ
Two spaces for every dwelling unit.
(c) Row Dwelling
Two spaces for every dwelling unit.
(d) Apartment BuildinQ
Three spaces for every 2-dwellino units.
2
(a) Collective
As specified by the Authority.
Residential
(b) Commercial
One space for every guest room.
ReSidential
(c) Seasonal ReSidential
One space for every residential unit.
(d) Mobile Home
Two spaces for every dwellinQ unit.
D
1
(a) Office
One space for every 20 square metres of gross floor a ea.
(b) Medical and
One space for every 20 square metres of gross floor a ea.
Professional
(e) Personal
One space for every 20 square metres of gross floor a ea.
Service
(d) General
One space for every 20 square metres of gross floor a ea.
Service
(e) Communications
As specified by the Authority.
(f) Police Station
As specified by the Authority.
(g) Taxi Stand
As specified by the Authority.
(h) Take-out Food
One space for every 20 square metres of gross floor a ea.
Service
(i) Veterinary
One space for every 20 square metres of oross floor a ea.
E
1
(a) ShoDDina Centre
One soace for every 15 $Quare metres of oross floor a ea.
Sch duleD
Page 3
OFF -STREET PARKING REQUIREMENTS
G
D
R
I
0
V
U
I
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
P
S
I
0
N
(b) Shop
One soace for every 20 square metres of gross floor area.
(e) Indoor Market
As specified bv the Authority.
(d) Outdoor Market
As specified by the Authority.
(e) Convenience Stores
One space for every 20 square metres of gross ftoor area.
F
1
(a) Hazardous Industl'}l
One space for every employee.
2
(a) General Industry
One space for every emplovee.
(b) Service Station
One space for every 20 square metres of Qross floor area.
3
(a) Light Industry
One space for every employee.
Schedule "E"
2005 - 2015
PLAN·TECH -
ENVmONMENT
L
TOWN.OF~! t
eWlS ." r e
~
MUNICIPAL PLAN 2005-2015
PUBLIC HEARING
The Town Council of Lewisporte has adopted the Lewisporte Municipal Plan
2005-2015.
A Public Hearing to consider objections and representations on the Lewisporte
Municipal Plan 2005-2015 will be held at 7:30 p.m. on the 25"'. day of May,
2005 at the Lewisporte Town Hall.
Anyone wishing to make an objection or representation at the Public Hearing
shall deposH with the Town Clerk of Lewisporte, two copies of a signed written
statement outlining the objection or representation by 4:00 p.m. on the 20".
day of May. If no written objections or representations with respect to the
Lewisporte Municipal Plan 2005-2015 are received within the time
indicated, the Public Hearing may be cancelled.
Council encourages residents to view the Lewisporte Municipal Plan 2005-
2015 document and maps which shall be on display during normal business
hours at the Town Hall, Lewisporte.
For more information about the Lewisporte Municipal Plan 2005-2015, or the
Public Hearing, please contact the Town Office.
Further information can be obtained by contacting:
Ms. Elaine Bursey
Town Clerk
Town of Lewisporte
P. O. Box 219
Lewisporte, NL
AOO 3AO
Tel: 535·2737
Fax: 535·2695
E-mail: [email protected]