Long Harbour-Mount Arlington Heights, Newfoundland and Labrador
· adopted 2007-12-28
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October 15, 2007
LONG HARBOUR - MOUNT ARLINGTON HEIGHTS
DEVELOPMENT REGULATIONS
2007 -2017
URBAN AND RURAL PLANNING ACT
RESOLUTION .TO APPROVE.
TOWN OF LONG HARBOUR M MOUNT ARLINGTON HEIGHTS
DEVELOPMENT REGULATIONS
Under the authority of Section 16, Section 17 and Section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Long Harbour - Mount Arlington Heights
a)
adopted the Town of Long Harbour - Mount Arlington Heights Development
Regulations on the .\ 0
day of CJ <L~
, 2007.
b)
gave notice of the adoption of the Town of Long Harbour - Mount Arlington
Heights Development Regulations by advertisement inserted on the 2 0
day of0.t~w
, 2007 and the L.I
day of (\c__~
A .
, 2007 in the
Telegram Newspaper.
c)
set the · 1·
day of N%.Mbe.I\. at 1 .6 6 p.m. at the Town Hall,
Long Harbour - Mount Arlington Heights for the holding of a public hearing
to consider objections and submissions.
Now under the authority of section 23 of the Urban and Rural Planning Act 2000,
on the 2.. °\ day of WCJ\Qr:fy6 , 2007 the Town Council of Long Harbour - Mount
·Arlington Heights approves the Town of Long Harbour - Mount Arlington .Heights
Development Regulations as adopted.
SIGNED AND SEALED this L°l day of .~ O\)e...!'Y),~ - 2007
Mayor:
Clerk:
~~~
Gary Keatin~
Dh-2
~ ~
URBAN AND RURAL PLANNING ACT
RESOLUTJON TO ADOPT _
TOWN OF LONG HARBOUR - MOUNT ARLINGTON HEIGHTS
DEVELOPMENT REGULATIONS
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
Town Council of Long Harbour - Mt. Arlington Heights adopts the Town of Long Harbour -
Mt. Arlington Heights Development Regulations.
Adopted by the Town Council of Long Harbour - Mt. Arlington Heights on the
f 0
day of. Oc_,--\r),be;\, 2007.
Signed and sealed this 29 day of J\.bven1be1 .,2007.
Mayor:
Clerk:
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
TABLE OF CONTENTS -1
APPLICATION
Page 1
1.
Short Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
2.
Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
3.
Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
4.
Development Regulations Under the Urban and Rural Planning Act 2000 -
"Ministerial Regulations" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
5.
Municipal Code and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
6. Town ....................................... : . . . . . . . . . . Page 2
PART I - GENERAL REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
7.
Compliance With Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
8.
Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
9.
Permit to be Issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
10.
Permit Not to be Issued in Certain Cases Unless Developer Pays Costs
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
11.
Discretionary Powers of Town ... , . . . . . . . . . . . . . . . . . . . . . . . . Page 3
12.
Variances by Town . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 3
13.
Service Levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 3
14.
Financial Guarantees by Developer ........................ Page 4
15.
Dedication of Land for Public Use . . . . . . . . . . . . . . . . . . . . . . . . . Page 4
16.
Reinstatement of Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4
17.
Form of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4
18.
Register of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 5
19.
Deferment of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 5
20.
Approval in Principle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 5
21.
Development Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 6
22.
Reasons for Refusing Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7
23.
Notice of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7
24.
Right of Entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8
TABLE OF CONTENTS ~ 2
25.
Record of Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8
26.
Stop Work Order and Prosecution . . . . . . . . . . . . . . . . . . . . . . . . Page 8
.
.
27.
Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8
PART 11- GENERAL DEVELOPMENT STANDARDS ................... : Page 9
28.
Access Ramps ........ : .......................... _ . . . . Page 9
29.
Accesses and Service Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 9
30.
Accessory Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 9
31.
Accessory Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 11
32.
Advertisements and Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 11
33.
Advertisements Exempt from Control . . . . . . . . . . . . . . . . . . . . . Page 13
34.
Advertisements- Temporary and/or Portable Signs .......... Page 14
35.
Advertisements and Signs near Highways . . . . . . . . . . . . . . . . . Page 15
36.
· Advertisements Relating .to Onsite Uses . . . . . . . . . . . . . . . . . . . Page 15
37.
Advertisements Relating to Offsite Uses . . . . . . . . . . . . . . . . . . . Page 15
38.
Agriculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 16
39.
Archaeological Resources and Heritage Sites and Areas . . . . . . Page 16
40.
Buffers - Non-Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 16
41.
Building Line and Setback . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 17
42.
Buildings on a Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 17
43.
Campground
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 17
44.
Child Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 17
45.
Comprehensive Development . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 18
46.
Decks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 18
47.
Discretionary Use Class~s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 18
48.
Entrance and Winaow Wells ........................ ·. . . . Page 18
49.
Family and Group Care Centres . . . . . . . . . . . . . . . . . . . . . . . . . Page 18
50.
Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 19
TABLE OF CONTENTS - 3
51.
Forestry
Page 20
52.
Home Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20
53.
Lot Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20
54.
Lot Area and Size Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 21
55.
Lot and Road Frontage ... ...... .. ... . .. .............. , Page 21
56.
Mineral Exploration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 21
57.
Mineral Working . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 22
58.
Non-Conforming Uses...... . . ...... .. ...... ... .. ...... Page 25
59.
Offensive and Dangerous Uses . . . . . . . . . . . . . . . . . . . . . . . . . Page 25
60.
Public Services and Public Utilities . . . . . . . . . . . . . . . . . . . . . . . Page 25
61 .
Screening and Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 26
62.
Site Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 26
63.
Site Development Quarry and Soil Removal ............. .. . Page 26
64.
Street Construction Standards . . . . . . . . . . . . . . . . . . . . . . . . . . Page 27
65.
Subsidiary Apartments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 27
66.
Subsidiary Dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 27
67.
T'Railway . . ........... .. . .... .. .... . .. . ....... ...... Page 27
68.
Unserviced Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 27.
69.
Waterways and Wetlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 28
70.
Wind Mills, Wind Turbines, Wind Farms . ... ...... .. . ...... Page 29
PART Ill - SUBDIVISION OF LAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 30
71 .
Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 30
72.
Building Permits Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 30
73.
Subdivision Subject to Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 30
74.
Issue of Permit Subject to Considerations . . . . . . . . . . . . . . . . . Page 30
75.
Concept Plan and Final Plan -Approval . . . . . . . . . . . . . . . . . . . Page 31
76.
Developer to Pay Engineer's Fees and Charges . . . . . . . . . . . . Page 31
77.
Payment of Service Levies and Other Charges ....... ...... Page 32
TABLE OF CONTENTS - 4
78.
Construction-and Town Engineer Costs Guarantees ... _ . ·-· _ . Page 32
79.
Services to be Provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 32
80.
Building Lines .......... . ..................... ... . .. . Page 32
81 .
Land for Public Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 32
82.
Structure in Street Reservation . . . . . . . . . . . . . . . . . . . . . . . . . . Page 33
83.
Subdivision Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . Page 33
84.
Engineer to Design Works and Certify Construction Layout . . . . Page 35
85.
Street Works May Be Deferred . . . . . . . . . . . . . . . . . . . . . . . . . . Page 36
86.
Transfer of Streets and Utilities to Town . . . . . . . . . . . . . . . . . . . Page 36
87.
Restriction on Sale of Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 37
88.
Grouping of Buildings and Landscaping . . . . . . . . . . . . . . . . . . . Page 37
PART IV - USE ZONES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 38
89.
Use Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 38
90.
Use Classes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 38
91 .
Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 38
92.
Discretionary Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 38
93.
Uses Not Permitted - Prohibited Uses ... . . . . . . . . . . . . . . . . . . Page 39
SCHEDULE A - DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 40
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS .. Page 52
SCHEDULE C - USE ZONE TABLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 58
TOWN(TN) ZONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 59
COMMERCIAL (COM) ZONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 61
SPECIAL INDUSTRIAL (SI) ZONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 63
RURAL (RU) ZONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 66
PROTECTED WATERSHED (PWS) ZONE . . . . . . . . . . . . . . . . . . . . . Page 69
ENVIRONMENTAL PROTECTION (EP) ZONE
Page 73
MAPS: Land Use Zoning Maps 1 and 2
"Published by .. Authority
NEWFOUNDLAND REGULATION 3/01
Deve/oprnenl Regulations
under the
Urban and RJiral Planning A.ct, 2000
(F11ed January 2, 2001)
Under 1he authority of section 36 of the Urban and Rural
Planning A.ct, 2000, I make the following regulations.
Dated at St John's, January 2, 2001.
Joan Marie Aylward
f 1
Minister of Municipal and Provincial Affairs
If
REGULATIONS
I. Sbortddc
2. Dcflnltlons
3. Application
4. lntcrpmation
S. Notlc:c ofriaht ID appeal
6. Appeal rcquln:mcnts
1. Appeal registration
8. Development prohibited
9. Heiring notice aad meetings
IO. Hearing of avidcncc
11. Board decision
12. Variances
13. Notice ofvarianc:c
14. Rcsidt:n!W non confonnlty
IS. Notice and hearings on
change of uu
16. Non-c:onfumuina: wilh
standards
17. Oisconcinuance of non-
conforming 11941
18. Delegation of powers
19. Commencement
t
Develbpment kegillatioras
3/0T
1. These regulations may be cited as the Development !regulations.
2. In these regulations,
(a) -Act", unless the context indicate otherwise, means the
. Urban and.Rw:al Plannirrg.Ac.t, 2000;
(b) "applicant" means a pemon who has applied to an authority
for an approval or permit to carry out a development;
(c) "authority" means a council, authori7.ed administrator or
regional authority; and
(d) "development regulations" means these regulations and
regulations and by-Jaws respecting development that have
been enacted by the relevant authority.
3. (1) These regulations shall be included in the development
regulations of an authority and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and
development regulations or other regulations of an authority, these
regulations shall apply.
(3) Where another Act of the province provides a right of appeal
to the board, these regulations shall apply to that appeal.
4. (1) In development regulations and other regulations made with
respect to a planning area the following terms shall have the meanings
indicated in this section
(a) "access" means a way used or intended to be used by
vehicles, pedestrians or animals in order to go from a street
to adjacent or nearby land or to go from that land to the
street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling,
located on the same lot as the main building to which it
is an accessory and which has a use that b customarily
incidental or complementary to the main use of the
building or land,
2
jf(JJ
(it) for residential uses. domestic gerages, carports, nnnps,
sheds, swimming pools, greenhouses, cold frames, fuel
sheds. vegetabks stonge cellars, ahclters for domestic
pets or radio and televilion antennae,
(iii) for.c.o~~aJ .uscs, WQr:kshQl's or,.g~e.s .. and
(iv) for industrial uses, garages, offices, raised ramps and
docks;
(c) "accessory UJe" means a use that is subsidiary to a permitted
or discretionary use and that is customarily expected to
occur with the permitted or discrmonary use;
(d) "building height" means the vertical distance, measured in
metres ftom 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 pmbrel roof,
and in any case, a building height shall not include
mechanical struc:tme, smokestacks, steeples and purely
ornamental structures above a roof;
~
(e) "building line" means a line established by an authority
J
runs parallel to a street line and is .set at the closest point
·
street that a building may be placed;
(t) "discretionary use" means a use thld is listed within the
discretionary use classes established in the use zone tables of
an authority's development regulations;
(g) "established grade" means,
I
(i) where used in reference to a building, the av~e
elevation of the finished surface of the ground wh~
meets the exterior or the front of~ building exclusive
of any artificial embankment or entrenchment, or
3
Development Regulations
3101
(ii) where used in reference to a structure that is not a
building. the average elevation of the finished grade of
the grolDld immediately surrounding the structure,
exclusive of any artificial embankment or entrenchment;
(b) "flO~ area~ means ~e ~
area of .alt .floors i:n ~ ~uildµig
measmed to the outside face of exterior walls;
(i) "ftontage" means the horizontal distance between side lot
lines measured at the building line;
G) "lot" means a plot. tract or parcel of land which can be
considered as a unit of land for a particular use or building;
(le) "lot area" meam the total horizontal area within the lines of
the lot;
0) "lot coverage" means the combined area of all building on a
lot measured at the level of the lowest floor above the
established grade and expressed as a percentage of the total
area of the lot;
(m) "non-conforming use" means a legally existing use that is
not .listed as a permitted or discretionary use for the use
zone in which it is located or which does not meet the
development standards for that use zone; ·
(n) "owner" means a person or an organization of persons
owning or having the legal right to use the land under
consideration;
(o) "permitted use" means a use that is listed within the
pmm.itted use classes set out in the use zone tables of an
authority's development regulations;
(p)
1'prohibited use" means a use that is not listed in a use zone
within the permitted use classes or discretionary use classes
or a use that an authority specifics as not permitted within a
use zone;
(q) "sign" means a word, letter, model, pl~ board, device or
representation, whether illuminated or not. in the nature of or
employed wholly or in part for the purpose of advertisement,
4
·--------------.J~!l.i
·
!!'ll~~d16ep~mnM1en'fft'-lR~e!epMlfd'ot#ft,om
· tUa-----------Jtttr
Notica of right to
appeal
announcement or direction and excludes those things
employed wholly as a memorial. advertisements of local
govemment, utilitie5 end boarding er simiJar structures used
for the display of advertisements;
..... (r) ~nac..pnl..depth~~means .the..distanco· .. b~
.·the.r.car,.lot
line and the rear wall of the main building on a lot;
(s)
11side yard depth" means the distance between the side lot
line and the nearest side wall of a building on the lot;
(t) "street" meBDS a sareet, road, highway or otb« way designed
for the. pusage of vehicles and pedestrians and which is
accessible by fire department and other emeivncy vehicles;
(u) "street line" memis the edge of a street reservation as defined
by the authority bavingjurisdiction;
(v) "use" means a building or activity situated on a lot or a
development permitted on a Jot;
(w) "use zone" or "zone" means an area of land including
buildings and water designated on the zoning map to which
the uses, standards and conditiona of a particular use zone
table apply;
(x) "variance" means a departure, to a maxim.$
l 0% from
the yard, area. lot coverage, setback, size, bei
frontage or
any other numeric requirement of the applic
Use Zone
Table of the authority's regulations; and
(y) "zoning map" means the map or maps attached to and
forming a part of the authority's regulations.
(2) An authority may, in its discretion, determine th.2J uses that
may or may not be developed in a use zone and those u~
shall be
listed in the authority's regulations as discretionary, p1,Vr11itted or
prohibited uses for that area.
r
S. Where an authority makes a decision that mJ. be appealed
under section 42 of the Act, that authority shall, in writing, at the time
of making that decision, notify the person to whom the decision applies
of the
t
5
.Development Regulations
1/01
(a) person's right to appeaJ the decision to the board;
(b) time by which an appeal is to be made;
( c) ri&h~ of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of
the appeal.
fi. (1) The secretary of the board at the Department of Municipal
and Provincial Affairs, Main Floor, Confederation Building (West
Block1P.O.B'ox8700, St. John's, Nfld., AlB 4J6 is the secretary to aJl
boards in the province and an appeal filed with that secretary within the
time period refem:d to in subsection 42( 4) of the Act shall be
considered t,o have been filed with 1he appropriate board.
(2) Notwiths1anding subsection (1), where the City of Comer
Brook, City of Mount Pearl or City of ~t John's appoints an appeal
board under subsection 40(2) of the Act, an appeal shall be filed with
the secretary of that appo~ board.
(3) The fee required under section 44 of the Act shall be paid to
the board 1hat bears the decision being appealed by filing it with the
secretary mem:d to in subsection (1) or (2) within the 14 days referred
to in subsection 42(4) of the Act.
(4) The board 1hat hears the decision being appeaJed shall.
subject to subsection 44(3) of the Act, retain the fee paid to the board.
(S) 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.
Appoaliqillmioa
7. {l) Upon receipt of an appeal and fee as required under the Act
and these rcgulatiom, the secretary of the board as referred to in
subsections 6(1) and (2). shall immediately register the appeal.
(2) Where an appeal bas been registered the secretary of the
board shall notify the appropriate authority of the appeal and shall
provide to the authority a copy of the appeal and the documentation
related to the appeal.
6
Hcarina 1101100 lllld
m~p
{3) Where an authority has been notified of an appeal that
authority shall forward to the appropriate board a copy of the
application being appealed, all correspondence, council minutes. plans
and other relevant information relating to the appeal including the
names and addresses of the applicant and fther interested persons of
whom the ... thqriiy.~~q~te.cJge,, .
. . _ .
. _
.
~~ .
(4) Upon receipt of the information under subsection (3), the
secretary of the board shall publish in a newspaper circulated in the
area of the appropriate authority, a notice that the appeal has been
registered.
(S) A notice published under subsection (4) shall be published
not fewer than 2 weeks before the date upo~ which the appeal is to be
beard by the board.
8. ( 1) Immediately upon notice of 1he registration of an appeal the
appropriate authority shall ensure that any development upon the
property that is the subject of the appeal ceases.
·
(2) Sections 102 and 104of1he Act apply to an authority aaing
under subsection (1).
(3) Upon receipt of a notification·ofthe registration of an appeal
with respect to an order under section 102 of the Act, an authority shall
not carry out work related to the matter being appealed.
9. (I) A board shall notify the appellantlplicant, authority and
other persons affected by the subject of an a
~ of the date, time and
place for the appeal not fewer than 7 days be.
the date scheduled for
the bearing of the appeal.
{2) A board may meet as often as ii necessary to conduct its
work in an expeditious manner.
10. (1) A board shall meet at a place w1i the area under its
jurisdiction and the appellant and other pe ons notified under
subsection 9(1) or their representative may appe ·before the board and
make representations with respect to the matffjT being appealed.
(2) A board shall hear an appeal in accon:µuice with section 43
of the Act and these regulations.
7
- Development Regiilatiiins -
(3) A written report submitted under subsection 43(2) of the Act
respecting a visit to and viewing of a property shall be considered to
have been provided in the same manner as evidence directly provided
at the hearing of the board.
.. .(4.).JD . .ibe.conduct.o!an .appeaLbearlng,:the-.boardds.not-bound
by the rules of evidence.
U. A decision of the board must comply with the plan, scheme .or
development regulations that apply to the matter that has been appealed
to that board.
12. (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 contiary 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 J 0% 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.
Nodeeofvarian~ .
13 -. Wbere· an authority is to consider a. proposed variance, that
authority shall give writren notice of the proposed variance from
development standards to all persons whose land is in the immediate
vicinity of the Jaod that is the subject of the variance.
Raidelllial 11oa
14. A residential building or structure referred to in paragraph
coaforml.ty
108{3)(g) of the Act must, where being repaired or rebuilt, be repaired
or rebuilt in accordance with the plan and development regulations
applicable to that building or structure.
Notice mu1 bcari.np
15. Where considering a non conforming building, structure or
oa dumao of use
development under paragraph 108(3 )( d) of the Act and before making a
8
Development-Regulations
3/01
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 cxi:Jting use of a
non-conforming building, structure or development and shall consider
... !!PY represeniirtions or su,bqli11!tiop:1 .r:~ceive.d ._.in . .re_spoilJ!C -to.· th~
advertisement.
Noo-coabuaea
16. When: a building. structure or development does not meet the
wilh llllldards
development standards included in development reguladons, 1be
building. structure or development shall not be expanded if the
expansion would increue the non-conformity and an expansion must
comply with the development standards applicable to that building,
structure or development
~or
17. An authority may make development regulations providing for a
DGD-uiat'ormiDs ue
greater period of time than is provided tmder subsection I 08{2) of the
Act with respect to the time by which a discontinued non-conforming
use may resume operation.
Delepdon of
18. An authority shall. where designating employees to whom a
JIOWWS
power is to be delegated under subsection 109(3) of the Act, make that
designation in writing.
ea.a-eat
19. These regulations shall be co111idered to have come into
force on January 1. 2001.
CEarl G. Tucker, Queen's Printer
9
TOWN OF LONG HARBOUR - MOUNT ARLINGTON HEIGHTS MUNICIPAL PLAN
(DEVELOPMENT REGULATIONS)
-
APPLICATION
1.
Short Title
These Regulations may be cited as the Long Harbour - Mount Arli11gton Heights
Development Regulations.
2.
Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings
ascribed to them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings
which are commonly assigned to them in the context in whic:;h they are used
in the Regulations.
3.
Commencement
These Regulations come into effect throughout the Long Harbour - Mount Arlington
Heights Municjpal Planning Area, hereinafter referred to as the Planning Area, on
the date of publication of a notice to that effect in the Newfoundland Gazette.
4.
Development Regulations Under the Urban and Rural Planning Act 2000 -
11Ministerial Regulations"
The Ministerial Regulations enacted under Section 36 of the Act shall apply to
development within the Planning Area. Where there is conflict between these and
the Long Harbour - Mount Arlington Heights Development Regul~tions, the
Ministerial Regulations shall prevail. The Ministerial Regulations are included with
the Long Harbour - Mount Arlington Heights Development Regulations.
5.
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code,
and any other ancillary code and any Building Regulations, Waste Disposal
Regulation and/or any other municipal regulations regulating or controlling the
development, conservation and use of land in force in the Town of Long Harbour -
Mount Arlington Heights, shall. under these Regulations apply to the entire Planning
Area.
6. Town
In these Regulations, "Town" means the Council of the Town of Long Harbour -
Mount Arlington Heights.
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Development Regulations 2007-2017
Page2
PART I - GENERAL REGULATIONS
PART I - GENERAL REGULATIONS
7.
Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance
with these Regulations.
8.
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 Town.
9.
Permit to be Issued
Subject to Regulations 10 and 11 ~ a permit shall be issued for development within
the Planning Area that conforms to the require~ents of these regulations.
10.
Permit Not to be Issued in Certain Cases Unless Developer Pays Costs
Neither a permit nor approval in principle shall be issued for development within the
Planning Area when in the opinion of the Town it is premature by reason of the site
lacking adequate road access, power, drainage, sanitary facilities, or domestic water
supply, or being beyond the natural development of the area at the time of
application unless the applicant contracts to pay the full cost of construction of the
services deemed necessary by the Town and such cost shall attach to and upon the
property in respect of which it is imposed.
11.
Discretionary Powers of Town
In considering an application for a permit or for approval in principle to carry out
development, the Town shall take into account the policies expressed in the Munici-
pal Plan and any further scheme, plan or regulations pursuant thereto, and shall
assess the general appearance of the development of the area, the amenity of the
surroundings, availability of utilities, public safety and convenience, and any other
considerations which are, in its opinion, material, and notwithstanding the conformity
of the application with the requirements of these Regulations, the Town may, in its
discretiQn, and as a result of its consideration of the matters set out in this Regulat-
ion, conditionally approve or refuse the application.
12.
Variances by Town (see Ministerial Development Regulations, Section 12)
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
13.
Service Levy
Page3
PART I - GENERAL REGULATIONS
(1)
The Town may require a developer to pay a service levy where development
is made possible or where the density of potential development is increased.
or where the value of property is enhanced by the carry.ing out of public
works either on or off the site of the development.
·
(2)
A service Jevy shall not exceed the cost, or estimated cost, including finance
charges to the Town of constructing or improving the public works referred
to in Regulation 13(1) that are necessary for the real property to be
developed in accordance with the standards required by the Town and for
uses that are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
a)
the amount of real property benefited by the public works related to
an the real property so benefited; and,
b)
the density of development made capable or increased by the public
work.
(4)
The Town may require a service levy to be paid by the owner of the real
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 rear property is completed; or,
d)
at such other time as the Town may decide.
14.
Financial Guar~ntees by Developer
(1)
The Town may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may be
required to guarantee the payment of engineering and other consultants'
fees. service levies, ensure site reinstatement, and to enforce the carrying
out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the
form of:
a)
a cash deposit from the developer, to be held by the Town, or;
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
Page 4
PART I - GENERAL REGULATIONS
b)
a guarantee by a bank, or other institution acceptable to the Town, 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 Town.
15.
Dedication of Land for Public Use
In addition to the requirements for dedication of land under Part Ill (Subdivisions),
the Town 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 Town in accordance with the provisions of the Act.
16.
Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Town may order the developer, the occupier of the site, or the owner or air 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 ot'the Town and shall put the site in a clean and sanitary condition·to
the satisfaction of the Town.
17.
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 Town
on such form as may be prescribed by the Town, and every application shall
include such plans, specifications and drawings as the Town may require,
and be accompanied by the permit fee required by the Town.
(2)
The Town shall, on request, supply to every applicant a copy of the
application forms referred to in Regulation 17(1) and a description of the
plans, specifications and drawings required to be provided with the
application.
18.
Register of Application
The Town shall keep a public register of all applications for development, and shall
enter therein the Town's decision upon each application and the result of any
appeal from that decision.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
19.
Deferment of Application
Page5
PART I - GENERAL REGULATIONS
(1)
The Town may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations which
have not been determined by the Town and on which a decision has not
been communicated to the applicant within eight weeks of the receipt thereof
by the Town, and on which consideration has not been deferred in
accordance with Regulation 19(1), shall be deemed to be refused.
20.
Approval in Principle
(1)
The Town may grant approval in principle for a subdivision or any other
development if, after considering an application for approval in principle
made under these Regulations, it is satisfied that the proposed development
is, subject to the approval of detailed plans, in compliance with these
Regulations.
(2)
Where approval in principle is granted under this Regulation, it shall be
subject to the subsequent approval by the Town 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
year:s from the grant of approval in principle.
(3)
Where applicable, The Approval In Principle shall include:
a)
the development standards to be followed for the development;
b)
the development plan with phasing and costs, showing land use,
lotting and building location, public and private open spaces and
buffers, roads, water and sewer services, and other relevant
information and this development plan shall set out the general
specifications of the roads, services and other relevant elements;
c)
the permitting requirements -what permits are required and when;
d)
when construction drawings are to be required -
in general,
construction drawings may only be required prior to the start of a
phase or element of the development plan;
e)
the responsibility for the maintenance and upgrading of services, and
the provision of other services, such as garbage collection and street
lighting;
Town of Long Harbour - Mount Arlington Heights
Deve~o'?ment Regulations 2007-2017
Page6
PART I - GENERAL REGULATIONS
f}
the financial guarantees in respect of municipal water, sewer, road
and related works to ensure that each phase of the work will be done
in accordance with the Approval;
g)
the financial and other obligations of the parties to the agreement;
h)
the legal survey of the property.
21.
Development Permit
(1)
A plan or drawing which has been approved by the Town 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 regulations or
statutes; and from compliance with all conditions imposed thereunder.
(2)
The Town 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 Town 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 Town for further periods not exceeding two years.
(4)
A permit is valid for such period, not in excess of two years, as may be
stated therein, and if the development has not commenced, the permit may
be renewed for a further period not in excess of one year, but a permit shall
not' be renewed more than once, except in the case of a permit for an advert-
isement, which may be renewed in accordance with ·Regulation 32 of these
Regulations.
.
(5)
The approval of any appljcation and plans or drawings or the issue of a
permit shall not prevent the Town from thereafter requiring the correction of ·
errors, or from ordering the cessation, removal of, or remedial work on any
development being carried out in the event that the same is in violation of
this or any other regulations or statute.
(6)
The Town may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the
permit was issued in error or was issued on the basis of ineorrect
information.
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PART 1- GENERAL REGULATIONS
(7)
(8)
No person shall erase, alter or modify any drawing· or specifications upon
which a permit to develop has been issued by the Town.
There shall be kept available on the premises where any work. matter or
thing in being don~ for which a permit has been issued. a copy of the permit
and any plans, drawings or specifications on which the issue of the permit
was based during the whole progress of the work, or the doing of the matter
or thing until completion.
·
·
22.
Reasons for Refusing Permit
· The Town shall, when refusing to issue a permit or attaching conditions to a permit,
state the reasons for so doing.
23.
Notice of Application
When a change in nonconforming use is to be considered (see also Ministerial
Regulations), or when the development proposed is listed as a discretionary use in
Schedule C of the Regulations the Town shall, at the expense of the applicant, give
notice of an application for a permit or for approval in principle, by public advertise-
ment in a newspaper circulating in the area or by any other means deemed
necessary.
When a variance is necessary under Regulation 12 (see also Ministerial
Regulations), the Town shall, at the expense of the applicant, give written notice to
the property owners in the immediate vicinity of the proposed variance.
24.
Right of Entry
The Town, 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 Town is empowered to regulate.
25.
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 Town.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017.
26.
Stop Work Order and Prosecution
Page8
PART 1- GENERAL REGULATIONS
(1)
Where a person begins a development contrary or apparently contrary to
these Regulations, the Town may order that person to stop the development
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 26(1)
is guilty of an offence under the provisions of the Act.
27.
Appeals
See Ministerial Regulations- Sectjons 5 to 11.
Where an appeal lodged under Section 42 of the Urban and Rural Planning Act has
been successful, the fee paid by the appellant shall be reimbursed by the Town.
Town of Long Harbour - Mount Arlington Heights
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Development Regulations 2007-2017
PART II- GENERAL DEVELOPMENT STANDARDS
PART II -GENERAL DEVELOPMENT STANDARDS
28.
Access Ramps
An access ramp for a wheel chair, may, at the discretion of the Town after
consultation with abutting property owners, be erected in a minimum front, rear or
side yard if there is no alternative means of providing the access ramp and it does
not create a safety hazard or block sight lines.
29.
Accesses and Service Streets
(1)
Access shall be located to the specification of the Town so as to ensure the
greatest possible convenience and safety of the street system and the Town
may prescribe the construction of service streets to reduce the number of
accesses to collector and arterial streets.
(2)
Any access to a Provincial Highway must be approved by the Department of
Transportation and Works.
(3)
No vehicular access shall be closer than 10 metres to the street line of any
street intersection.
30.
Accessory Buildings (see also Subsidiary Dwellings)
This regulation only applies to single dwelling, double dwelling, row dwelling,
apartment building, boarding house - bed and breakfast and seasonal residential
use classes accessory buildings. Accessory buildings for all other use classes are
treated in the same manner as the principal or main buildings.
(1)
General -Accessory buildings shall be clearly incidental and eomplementary
to the use of the main buildings in character, use and size, and shall be
contained on the same lot as the main building or buildings.
(2)
Building Line - The minimum building line (distance from the front lot line)
for an accessory building shall be 6 metres.
(3)
Side Yard - Except for double dwellings where an accessory building can be
built to the side lot nne, provided that the wall adjoining the side lot line is of
fire resistant construction, the minimum side yards (distance from the side
lot lines) are as follows:
Town of Long Harbour - Mount Arlington Heights
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PART II - GENERAL DEVELOPMENT STANDARDS
a)
Minimum Side Yard - building up to 4 metres in height
1 metre
b)
Minimum Side Yard - building exceeds 4 metres height
2 metres
c)
Minimum Side Yard Flanking Road (Corner Lot)
6 metres.
(4)
Rear Yard - The minimum rear yard (distance from the rear lot line) of an
accessory building shall be 1 metre for any building up to 4 metres in height,
and 2 metres for any building more than 4 metres in height up to the
maximum allowable height of 6 metres.
(5)
Separation Distance from Dwelling - Accessory buildings shall maintain a
minimum separation distance of 3 metres from a dwelling.
(6)
Lot Coverage - The combined lot coverage of all accessory buildings,
including accessory dwellings, together with principal and other buildings
on a lot shall be 33%.
(7)
Floor Area - No floor area requirements are set out for accessory buildings.
(8)
Height - The maximum allowable height of any accessory building shall not
exceed 6 metres, unless it is two metres or closer to the side or rear lot line,
in which case the maximum allowable height shall not exceed 4 metres.
31.
Accessory Uses
See also Schedule A - Definitions.
Subject to the other requirements of these Regulations, including those of Schedule
C, uses accessory to the permitted or discretionary uses are allowed.
Subject to Schedule C, examples of accessory uses include, but are not limited to:
a)
facilities for the serving of food and alcoholic beverages in an arena or other
place of assembly, marina, or hotel {commercial- residential} and/or a gift or
souvenir shop in a museum, hotel or other establishment;
b)
a general garage attached to or forming part of a car-dealership or other
major retail-wholesale outlet;
c)
an office, convenience store and/or catering establishment in a campground;
d)
a marina, dock or wharf associated with another use, including residential;
Town of Long Harbour - Mount. Arlington Heights
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PART II - GENERAL DEVELOPMENT STANDARDS
e)
an accessory dwelling, accessory dwelling unit, subsidiary apartment,
subsidiary dwelling;
f)
a business carried out in a dwelling or residential accessory building by a
resident of the dwelling;
.
g)
a dwelling accessory to a non-residential permitted or discretionary use - for
example, a farm dwelling or a caretakers dwelling; and,
h)
accessory uses to a major industrial development can include offices,
canteens, child care facilities and worker accommodation.
These accessory uses shall be clearly subsidiary to and controlled so as to be
compatible with the primary use and the use of nearby properties.
·
32.
Advertisements and Signs
The terms "advertisement" and "sign
11 are interchangeable.
(1)
Permit Reguired-Unless specifically exempted, .no advertisement shall be
erected or displayed in the Planning Area unless a permit for the
advertisement is first obtained from the Town, and, where necessary, from
the Department of Government Services .
. (2)
Form of Application - Application for a permit to erect or display an adver-
tisement shall be made to the Town in accordance with Regulation 17.
(3)
Advertisements in Street Reservation - No advertisement shall be erected
or displayed within, on or over any highway or street reservation unless it is
a premises sign (advertisement relating to onsite uses) and where
applicable, unless this sign has been approved by the Town and the
Department of Government Services and/or the Department of
Transportation and Works.
(4)
Permit Valid for Limited Period
a)
A permit shall be valid for a period of one year and failure by the
applicant to initiate construction before expiration of the first permit
year shall require reapplication to the Town.
b)
Where, upon expiration of the first permit year a person wants the
continued placement of that sign, that person shall apply to the Town
for a renewed permit.
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Development Regulations 2007-201 7
PART ll- GENERAL DEVELOPMENT STANDARDS
c)
The Town may issue a renewed permit and that renewed permit shall
be valid for a period of three years, and this must subsequently be
renewed for further three year periods if the sign is to remain in place.
d)
A renewed permit shall not be issued until the Town is satisfied that
the sign has been maintained to its satisfaction and conforms to these
Regulations and the conditions attached to the permit.
(5)
Removal of Advertisements -
Notwithstanding the provisions of these
Regulations, the Town may require the removal of any advertisement which,
in its opinion, is:
a)
hazardous to road traffic by reason of its siting, colour, illumination,
maintenance or structural condition; or,
b)
detrimental to the amenities of the surrounding area.
(6)
Signs - Non-Conforming Uses - 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 if the development was in a Use Zone appropriate
to its use, and subject to any other conditions deemed appropriate by the
Town.
(7)
Prohibition -A sign shall not be erected, posted or placed:
a)
where in the opinion of the Town, that sign would be hazardous to
road traffic by reason of its siting, illumination or structural condition;
b)
where in the opinion of the Town that sign would be detrimental to the
amenities of surrounding areas or length of highway or road;
c)
where that sign is not maintained to the satisfaction of the Town;
d)
within or over a highway or street intersection unless otherwise
approved by the Town for Town roads, or by the Department of
Transportation and Works for roads under Provincial jurisdiction;
e)
with the exception of premises advertisements, within 300 metres, or
a distance specified by the Department of Transportation and Works,
or the Town of the intersection of two or more highways and/or for
Town roads, or from the crossing of a public road;
f)
at a location that is objectionable to residents of the immediate area;
and
g)
on a sign erected by the Department of Transportation and Works.
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Development Regulations 2007-2017
PART II- GENERAL DEVELOP_MENT STANDARDS
(8)
Signs or Advertisements Not Specifically Covered - If for some reason an
application is received for a sign or advertisement that does not fall into one
of the categories set out under these Regulations, then subject to the other
applicable requirements of these Regulations, the Town may approve,
approve with conditions, or refuse to approve the sign or advertisement.
33.
Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area
without application to the Town:
a)
a posting of a candidate in a federal, provincial or municipal election or a
regional school board election;
b)
a temporary sign relating to federal, provincial or municipal public works;
c)
a notice required by law to be posted;
d)
a regulatory, warning, directional, guide or informational sign erected by the
Department of Transportation and Works;
e)
a sign placed by a telephone, telegraph or electric power company to
indicate danger;
f)
a sign, not exceeding 0.5 square metres, advertising the sale or rental of a
building or lot upon which the sign is located;
g)
a flag, emblem or insignia of a nation, country or province;
h)
one temporary sign related to building construction located on a site on
which the work is being. carried out;
i)
on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.28 m2 in area;
j)
on an agricultural holding or farm, a hotice board not exceeding 1.5 m2 in
area and relating to the operations being conducted on the land;
k)
on land used for forestry purposes, signs or notices not exceeding 1 m2 in
area and relating to forestry operations or the location of logging operations
conducted on the land;
I)
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;
m)
on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.28 m2 in area in connection with the practice of a business
carried on in the premises;
n)
on any site occupied by a church, school, library, art gallery, museum,
institution or cemetery, one notice board placed no closer than 3 metres from
a street line;
o)
on the principal facade of any commercial, industrial or public building, the
name of the building or the name of the occupants of the building, in letters
Town of Long Harbour - Mount Arlington Heights
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Development Regulations 2007-2017
PART II - GENERAL DEVELOPMENT STANDARDS
not exceeding one-tenth of the height of that facade or 3 m, whichever is the
lesser;
.
p)
on any parking lot directional signs and one sign not exceeding 1 m2 in size,
identifying the parking lot; and,
q)
a sign indicating the location of a municipal or municipal planning area
boundary, located beyond the back slope of a highway ditching.
34.
Advertisements .. Temporary and/or Portable Signs
A temporary and/or portable sign may be permitted in any zone for a period not
exceeding 30 consecutive days, provided the sign:
a)
does not exceed 4 square metres in area;
b)
does not create or aggravate a traffic hazard, such as by blocking a sight-
line;
c)
does not interfere with other lawful signs, including directional signs;
d)
is of a location, materials, design and colour in keeping with the character
and appearance of the area;
e)
if necessary, is approved by the Department of Government Services,
together with the Town.
The sign shall be immediately removed upon expiry of the permit.
A renewal permit for a temporary and/or portable sign may only be issued thirty
days after the expiry of the original permit.
35.
Advertisements and Signs near Highways
Pursuant to Newfoundland Regulation 85/99 as amended, the Provincial
Government has designated "control lines" alongside each provincially maintained
route. These lines extend 400 metres from the highway centre lines, except that the
control area is reduced within the within Municipal Boundaries and built up areas of
incorporated communities to 100 metres from the centre line of a provincial
highway. Advertisements and signs falling within the designated control lines of any
highway must be referred to and approved or exempted by the Government
Services office serving the area.
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36.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement,
including premises signs, 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:
a)
the size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Town, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area;
·
b)
unless it is a sign affixed to the wall or canopy of a building the
advertisement shall not exceed 5· square metres in area on any side.
37.
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 p~rmitted in this or another zone, or not relating to a specific
land use, shall be as follows:
a)
which advertisement shall not exceed three square metres in area;
b}
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;
c)
the location, siting and illumination of each advertisement shall be to the
satisfaction of the Town, 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.
38.
Agriculture
Agricultural uses are regulated by the Town and the Provincial Government, subject
to the Farm Practices Act an~ other relevant legislation. Agricultural uses shall be
approved by both the Agrifoods Branch of the Department of Natural Resources
and the Town. together with other appropriate agencies.
39.
Archaeological Resources and Heritage Sites and Areas
( 1}
If an archaeological site or historical artifacts are discovered during construc-
tion, development shall stop and the Provincial Archaeology Office of the
Department of Tourism, Culture and Recreation consulted. Development
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(2)
(3)
(4)
shall not proceed until the Provincial Archaeology Office has evaluated the
site.
Before approval is granted for a major development, such as a subdivision,
or a new commercial or public building, the application shall be referred to
the Provincial Archaeology Office for investigation.
After proper notification and consultation, the Town may designate any
property or structure a heritage property or building and require that certain
conditions pertaining to appearance and upkeep be maintained.
The Town may designate an entire area containing groupings of
archaeological and/or heritage sites a heritage area under which certain
conditions designed to protect and best develop the resources are put into
place.
40.
Buffers - Non-Residential
Where any non-residential use abuts a residential use or area, the owner of the site
of the non-residential development may be required to provide a buffer strip
between any non-residential building or activity and the residential use. The buffer
shall include the provision of grass strips, hedges, trees or st)rubs, or structural
barriers as may be required by the Town, and shall be maintained by the owner or
occupier to the satisfaction of the Town.
·
41.
Building Line and Setback
(1)
The Town, by resolution, may establish building lines on an existing or
proposed street or service. street and may require any n~w buildings to be
located on those building lines, whether or not such building Jines conform
to the standards set out in the tables in Schedule C of these Regulations.
(2)
The building line setback is measured from the front property line.
(3)
In accordance with the Building Near Highways Regulations 1997, the
building fine along Provincial highways shall not be less than that specified
under the Building Near Highways Regulations. The minimum building line
is 15 metres from the centre-line of the Long. Harbour Road (Highway 202)
from the Trans Canada Highway to the former ERCO plant.
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42.
Buildings on a Lot
(1)
More than one apartment building, double dwelling, and/or row dwelling can
be aJlowed on a Jot, provided that the requirements of Schedule C and other
parts of these regulations are satisfied.
(2)
More than one single dwelling can be allowed on a lot provided that the
requirements of Schedule C and other parts of these regulations are satisfied
and provided the dwellings are located and serviced in such a way that
should it be necessary, the property can be subdivided to create two or more
that the lots, dweJlings and accessory buildings located on these lots can
meet the requirements of the Use Zone in which they are located.
(3)
Other Use Classes - two or more buildings can be erected on a lot provided
that the yard and setback and other requirements of Schedule C and other
parts of these regulations are satisfied.
43.
Campground
A plan of the campground shall be submitted in a format satisfactory to the Town,
showing and specifying the number and location of campsites and aJI facilities,
services, internal roads and measures for buffering and/or screening. The approved
plan, together with any other approvals and conditions shall form part of the permit.
44.
Child Care
Where allowed, a child care facility shall be compatible with the residential or other
area within which it is located. In a residential area there shall be no visible
indication that such a use is occurring, except for a small identification sign. The
approval of the Department of Government Services is required before a permit for
a child care facility is issued by the Town.
45.
Comprehensive Development
At its discretion th~ Town may approve a comprehensive development that only in
its overall density and land use complies with the development standards of a Use
Zone. Provided that the comprehensive development itself fronts on a public road
and there is adequate access, dwellings and other buildings within the
Comprehensive Development need not directly front on a public road.
A comprehensive development is subject to an Approval in Principle.
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PART II - GENERAL DEVELOPME.NT STANDARDS
46.
Decks
An open or partially enclosed deck attached to the dwelling shaJJ not extend into the
minimum permissible front and side yards and flanking road setback and shall not
be closer to the rear lot line than 1 metre. A deck is not included in the calculation
of lot coverage under Schedule C. Decks attached to non-dwelling buildings shall
not extend into the minimum rear yard for the use.
47.
Discretionary Use Classes
The discretionary use classes fisted in Schedule C may be permitted at the
discretion of the Town 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.
48.
Entrance and Window Wells
An entrance well or a window well is permitted in the minimum front, rear or side
yard under Schedule C provided it does not extend more than 0.3 metres above
grade.
·
49.
Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is
adequate in size to accommodate the number of persons living in the group,
inclusive of staff, provided that in the opinion of the Town, the use of the dwelling
does not materially differ from, nor adversely affect, the amenities of the adjacent
residences, or the neighbourhood in which it is located. The Town may require
special access and safety features to be provided for the occupants before
occupancy is permitted.
50.
Fences
(1)
Applicability - Except as otherwise set out in Schedule C or in a Fence
Regulation adopted under the Municipalities Act, the requirements of this
Section shall apply to all fences.
{2)
Fence - For the purpose of this Section a fence includes a vertical physical
barrier constructed out of typical fencing materials, and includes hedges,
shrubs and landscaping features used for these purposes, and, that portion
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PART II- GENERAL DEVELOPMENT STANDARDS
of a retaining wall which projects above the surface of the ground which it
supports.
{3}
Public Authorities - The provision of these Regulations shall apply to an
public authorities except in those cases where an exception from the
Regulations is require to respond to an emergency or for a public purpose.
{4}
Damages - The Town shall not be liable for any damages for the repair of
any fence whatsoever where the Town, its employees or agents or otherwise
have acted without negligence. In particular, the Town shall not be liable for
any damages or repairs of any fence whatsoever during the normal operation
of snow clearing on streets or sidewalks located within the Municipal
Planning Area.
{5}
Order to Remove Fence -When in the opinion of the Town, a fence creates
a safety hazard or obstruction or impedes snow-clearing due to its location,
height or construction material, the Town may issue an order to the property
owner stating that the fence or portions thereof be removed, reconstructed
or repaired within a specified time in order to correct the safety hazard or
obstruction and the cost to remove, construct or repair said fence or part
thereof will be at the owner's expense. In the event that the property owner
does not remove the fence within the specified time as ordered, the Town
may remove the fence and the· cost to remove, reconstruct or repair said
fence will be at the owner's expense.
{6}
Fence Materials - The material or materials used in the erection and repair
of a fence, shall only be of a type which meets the approval of the Town.
(7)
Sight Lines - No fence shall be erected which can block vision at an
intersection by virtue of its location or height.
{8)
Maximum Height - The maximum height of a fence shall not exceed 1.8
metres except where additional height is required by the Town for screening
or security, in which case the maximum height of a fence shall not exceed
2.4 metres.
51.
Forestry
Approvals for woodcutting or other forestry related activities must be obtained from
the provincial Department of Natural Resources - Forest Management Unit.
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PART II - GENERAL DEVELOPMENT STANDARDS
There are both Commercial and Domestic Cutting Areas within the Municipal
Planning Area. The Commercial Cutting Area is shown as an overlay on the Rural
Zone on the Land Use Zoning Map. Only forestry related activities can occur within
the Commercial Cutting Area, and then only with the approval of the Department of
Natural Resources.
52.
Home Business
A Home Business can only be permitted as an accessory use (Regulation 31) if:
a)
the primary use of the property remains residential and the scope and
intensity of the use classes is entirely compatible with the residential uses of
the property and neighbourhood, and the business is operated by a resident
of the dwelling; ·
b)
mechanical equipment used is reasonably consistent with the use of a
dwelling.
·
53.
LotArea
(1)
No lot shall b~ 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 fot 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.
54.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots
already exist in any 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 Town for the
erection of a dwelling thereon, provided that the lot coverage and height are not
greater than, and the yards and floor area are not fess than the standards set out
in these Regulations.
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PART II- GENERAL DEVELOPMENT STANDARDS
55.
Lot and Road Frontage
Except for marine related structures and other facilities or uses where access to a
public road is not required or desirable, including remote cottages and development
that forms part of a Comprehensive Development, no residential or commercial
building shall be erected unless the lot on which it is situated fronts directly onto an
existing street or a new street built in compliance with Part Ill - Subdivision
Requirements.
56.
Mineral Exploration
( 1)
Subject to the other provisions of these Development Regulations, mineral
exploration which is not classed as development can be permitted anywhere
in the Town, that the Town is notified and the Town is satisfied that the
activity will not negatively affect nearby residents and businesses.
(2)
Mineral exploration which is classed as development shall or may only be
permitted where it is set out as a permitted or discretionary use in a use zone
under Schedule C and provided that:
a)
adequate provision is made for buffering and/or other means of
reducing or eliminating the impacts of the exploration on other uses,
the environment and waterways and wetlands;
b)
where there is soil disturbance, the developer shall provide a site
restoration or landscaping surety and/or other satisfactory guarantees
of site restoration or landscaping to th~ Town.
(3)
No permit shall be issued by the Town for mineral exploration until the
necessary permits and approvals have been obtained from the Departments
of Natural Resources, Government Services, and Environment and
Conservation, together with any other relevant Provincial agencies.
57.
Mineral Working
Where permitted, mineral workings are subject to this Regulation, any other
applicable regulations and the approval of the Department of Natural Resources.
No residential development shall be permitted closer than 300 metres to a mineral
working. unless the Town and the Department of Natural Resources are satisfied
that such development will not adversely affect the operations of the existing or
proposed mineral working.
·
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PART II - GENERAL DEVELOPMENT STANDARDS
(1)
Separation from Adjacent Uses - Unless the Town is satisfied that the
working will not create a nuisance and will not adversely affect the amenity
of the specified development or natural feature, no mineral working shall be
located closer than the minimum distances set out below to the specified
development or natural feature:
a)
Existing or Proposed Residential Development
b)
c)
d)
e)
i)
ii)
where no blasting is involved
where blasting is involved
Any Other Existing or Proposed Development
Public Highway or street
Protected Road
Body of water or watercourse
300 metres
1000 metres
150 metres
50 metres
90 metres
50 metres
(2)
Screening - A mineral working shall be screened in the manner described
below where it is visible from a public street or highway, developed area, or
area likely to be developed during the life of the use.
a)
Where tree screens exist between the mineral working and adjacent
public highways and streets or other land uses (excepting forestry and
agriculture), thetreescreensshall be retained in a 30-metrewidestrip
of vegetation so that visibility of any part of the use from the surround-
ing uses or streets will be prevented. The tree screens must be
maintained by the owner or occupier of the use to retain 30 metres in
a forested appearance. Where vegetation dies or is removed from
the 30-metre strip, the Town may require new trees_ of a minimum
height of 1 metre be planted to fill in the areas affected to the satis-
faction of the Town or, at the discretion of the Town, condition (2)(b)
must be undertaken.
b)
Where no tree screens exist of sufficient width and density to
constitute a visual screen, earthen berms shall be constructed to a
height sufficient to prevent visibility of any part of the mineral working
from adjacent public highways and streets. The berms shall be
landscaped to the Town's satisfaction.
c)
Where natural topography creates a visual screen between mineral
workings and adjacent public highways and streets or other land uses
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PART II- GENERAL DEVELOPMENT STANDARDS
{excepting forestry and agriculture), additional screening may not be
required.
d)
Where effective screening for any mineral working or associated
processing or manufacturing use cannot be installed or located as
required above, the Town may refuse to permit the use or associated
activity.
{3)
Fencing - The Town may require the mineral working site or excavated areas
of a pit or quarry working to be enclosed by a fence designed and
constructed to its specifications and no less than 1.8 metres in height.
(4}
Water Pollution - No mineral working or associated storm or sanitary
drainage shall unacceptably reduce the quality of water in any body of water
or watercourse. Any access road to a pit or quarry working which crosses
a brook or stream shalf be bridged or culverted at the crossing in accordance
with the Regulations of the Department of Environment and Conservation.
(5}
Water Ponding ~ No mineral working or associated storm or sanitary
drainage shall unacceptably reduce the quality of water in any body of water
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.
{6}
Erosion Control - No mineral working shall be carried out in a manner so as
to cause erosion of erosion of adjacent land.
{7}
Site Maintenance - The mineral working shall be kept clean of refuse,
abandoned vehicles, and abandoned equipment and any derelict buildings.
(8)
Access Roads - During extended periods of shutdown, access roads to a
mineral working shall be ditched or barred to the satisfaction of the Town.
(9}
Stockpiling Cover Material - All stumps, organic material and topsoil,
including the rusty coloured and iron stained layer, shall be stripped and
stockpiled at least 5 metres from active quarry or stockpile areas. The owner
or operator shall ensure that the quality of the topsoil is not affected by
dilution with other materials.
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(10)
Operating Plant and Associated Processing and Manufacturing
a)
The Town may permit processing and manufacturing use associated
with mineral workings provided that, in the opinion of the Town, the
use does not create a nuisance nor is liable to become a nuisance or
offensive by the creation of noise or vibration, or by reason of the
emission of fumes, dust, dirt, objectionable odour, or by reason of
unsightly storage of materials.
b)
all permanent or temporary buildings, plants and structures
associated with processing and manufacturing will be located so as
not to interfere with the present or future extraction of aggregate
resources.
c)
the Town may specify a minimum separation distance between
operating plant or associated processing and manufacturing structure
or equipment and adjacent developed areas likely to be developed
during the life of the mineral working.
(11)
Termination and Site Rehabilitation ~ Upon completion of the mineral
working, the following work shall be carried out by the operation:
a)
all bui.ldings, machinery and equipment shall be removed;
b)
all pit and quarry slopes shall be graded to slopes less than 20° or to
the slope conforming to that existing prior to the mineral working;
c)
topsoil and any organic materials shall be re-spread over the entire
quarried area;
d)
the access road to the working shall be ditched or barred to the
satisfaction of the Town;
e)
if the· mineral working contains reserves of material sufficient to
support further extraction operations, the Town may require the work
described above to be carried out only in areas of the site where
extraction has depleted aggregate reserves.
58.
Non-Conforming Uses
(1)
See Section 108 of the Urban and Rural Planning Act and Sections 14, 15,
and 16 of the Ministerial Development Regulations.
(2)
Discontinuance - Subject to Section 17 of the Ministerial Development
Regulations and Section 108 .(2) of the Urban and Rural Planning Act:
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PART II - GENERAL DEVELOPMENT STANDARDS
a)
a non-conforming use of land may be resumed within one year of its
discontinuance;
b)
for the purpose of this Regulation, discontinuance of a non-
conforming use begins when any one of the following conditions is
met:
(i)
the building or use of land is clearly vacated or the building is
demolished;
(ii)
the owner or tenant has ceased paying taxes for that use;
(iii)
the owner or tenant has stated in writing that the use has
ceased.
59.
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by
causing or promoting fires or other hazards or which may emit noxious, offensive
or dangerous fumes, smoke, gases, radiation. smells. ash, dust or grit, excessive
noise or vibrati~n, or create any nuisance that has an unpleasant effect on the
senses unless its use is authorized by the Town and any other authority having
jurisdiction.
60.
Public Services and Public Utilities
The design and location of such public services and public utilities shall take into
consideration their impact on nearby land uses and persons, the environment and
archaeological resources within the Town, along with other matters that the Town
may deem to be significant.
61.
Screening and Landscaping
The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit where, in the opinion of the Town, the
landscaping or screening is desirable to preserve amenity, or protect the
environment.
62.
Site Development
(1)
Before approving the development of any site, the Town shall take into
consideration the adequacy of site grading, drainage and landscaping and
the potential of the development to cause erosion onto and pollution of
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PART II - GENERAL DEVELOPMENT STANDARDS
adjacent development and lands and bodies of water receiving drainage from
the site, along with other similar matters.
(2)
The Town shall ensure that the proposal is not inappropriate by reason of:
a)
precipitating or contributing to a pollution problem in the area; or,
b)
causing erosion and/or sedimentation.
63.
Sita Development Quarry and Soll Removal
{ 1)
If, as part of another development, quarry material is to be removed and sold
or otherwise disposed of, then a separate quarry permit shall be issued once
development approval is granted by the Town. A copy of this permit must be
forwarded to the Department of Natural Resources, Mineral Lands Division.
(2)
A site development quarry under this section is permitted wherever the use
that the quarry is associated with is permitted.
(3)
A quarry permit issued under this section shall only be valid for the term of
the site development.
(4)
When the work is completed, the area affected shall be suitabJy landscaped
and drained in accordance with a plan approved by the Town.
(5)
If the site work is extensive, the Town may require the deposit of a surety in
the amount of $500.00 which shall be returned to the developer upon
satisfactory completion of the work.
64.
Street Construction Standards
A new street may not be constructed except in accordance with the design and
specifications laid down by the Town.
65.
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 part of
the self-contained dwelling.
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66.
Subsidiary Dwelling (see also Regulations 30 and 31)
A subsidiary dwelling is permitted in the rear yard of a single dwelling in a building
separate from the single dwelling, subject to the following requirements:
a)
the subsidiary dwelling is located in the rear yard of the single dwelling;
b)
fire and other safety issues are properly addressed in the location, access
and design of the subsidiary dwelling, and this may entail the provision of a
completely unobstructed side yard wide enough to provide access for
emergencies which is greater than the minimum side yard for single
dwellings in this zone;
c)
unless it is only used as a separate sleeping quarters, the subsidiary dwelling
shall be connected to municipal water and sewer services;
d}
the maximum floor area shall be 60 square metres;
e)
the minimum distance from the side and rear property boundaries is 3
metres;
·
f)
maximum height is 6 metres.
67 .
. T'Railway
No development shall be permitted within 15 metres of the centre-line of the
T'Railway.
68.
Unserviced Development
Development lacking one or both of municipal water and sewer services shall be
approved by the Department of Government Services before a permit is issued by
the Town.
69.
Waterways and Wetlands
(1)
Except as otherwise shown on the Land Use Zoning Maps, the minimum
width of a buffer along a waterway or wetland shall be 15 m from the
highwater mark of the stream, river, pond or other body of water. If the
embankment is steep, then the buffer shall be measured from the top of the
embankment.
(2)
Unless it is infill development or the area is otherwise developed,
development within 200 metres of a licenced salmon river, must be reviewed
by the Department of Fisheries and Oceans Canada before approval is
granted by the Town.
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(3)
The only uses that may be permitted in the buffer area of a waterway are
trails, and trail related accessory uses, and uses requiring direct access to
a body of water, together with roads and public utilities.
These uses are subject to the approval of the Water Resources Division of
the Department of Environment and Conservation, Department of Fisheries
and Oceans Canada and where applicable, the Government Service Centre
of the Departm~nt of Government Services for Crown Lands and referrals.
( 4)
The Town or the Provincial Government may subject development within the
buffer area of a waterway to an environmental review, and may approve,
approve subject to conditions, or refuse such development. The matter of
adequate and usable legal public access to the waterway shall be a
consideration in the review of an application for a structure within a buffer
and/or waterway.
(5)
Any development within a waterway or involving the alteration of a waterway
must be approved by or exempted by the following agencies:
Department of Environment and Conservation ·tor Crown Lands and
referrals;
.
Coast Guard Canada of the Department of Fisheries and Oceans -
Navigable Waters Act;
Fish Habitat Division of the Department of Fisheries and Oceans;
Water Resources Division of the Department of Environment and
Conservation.
(6)
If a waterway or wetland is deemed to be minor (intermittent and/or a
drainage course and/or no evidence of fish and/or not apparently significant
for flood control or water management),such waterways and wetlands shaH
wherever possible remain undeveloped and protected by a buffer. If a site
is to be developed, alternatives to covering over or eliminating such
waterways and wetlands shall be explored, including relocation of the
waterway or wetland and/or redesign of the development.
70.
Wind Mills, Wind Turbines, Wind Farms
The design and location of wind mill, wind turbines, wind farms, ("Utilities" -
Schedule B) together with access roads and associated facilities shall take into
consideration their impact on nearby land uses and persons, the environment and
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PART II - GENERAL DEVELOPMENT STANDARDS
archaeological resources within the Town1 along with other matters that the Town
and the Provincial government may deem to be significant or necessary.
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PART III - SUBDWISION OF LAND
PART Ill .. SUBDIVISION OF LAND
71.
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 Town.
72.
Building Permits Required
Notwithstanding the approval of a subdivision by the Town, 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 compJied with all the provisions of these Regulations with respect
to the development of the subdivision.
73.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Map.
7 4.
Issue of Permit Subject to Considerations
A permit shall not be Issued when, in the opinion of the Town, the development of
a subdivision does not contribute to the orderly growth of the municipality and does
not demonstrate sound design· principles. In considering an application, the Town
shall, without limiting the generality of the foregoing, consider:
a)
the location of the land;
b)
the availability of and the demand created for schools, services, and utilities;
c)
the provisions of the Plan and Regulations affecting the site;
d)
the land use, physical form and character of adjacent developments;
e)
the transportation network and traffic densities affecting the site;
f)
the relationship of the project to existing or potential sources of nuisance;
g)
soil and subsoil characteristics;
h)
the topography of the site and its drainage;
i)
natural features such as lakes, streams, topsoil, trees and shrubs;
j)
prevailing winds;
k)
visual quality;
I}
community facilities;
m)
energy conservation;
n)
such other matters as may affect the proposed development.
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PART ill - SUBDIVISION OF LAND
(1)
Where there is a larger subdivision of land and/or subdivision of land
entailing the construction of new roads, the Town must grant Approval in
Principle (Part I, Regulation 20) for a concept plan and the arrangements for
construction guarantees before the developer can proceed to the preparation
of construction (final) drawings and a permit is issued for the subdivision.
(2)
The concept plan shall contain the following:
a)
a legal survey of the land included within the subdivision;
b)
a detailed description of the types and standards of development and
services proposed for the subdivision;
c)
the layout of roads, lots, open spaces and other pertinent features of
the development;
d)
the phasing of the development;
e)
the estimated cost of the works in the development by phase as
certified by a professional engineer and verified by the Town's
Engineer.
Upon approval of the Concept Plan the Final Plan (construction drawings and final
lot and road layout, costings for the design and construction of works, etc.) shall be
prepared and approved by the Town and other relevant agencies before
construction is allowed to proceed.
76.
Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Town all the Enginee,..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 la~our for the construction and Installation of an 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.
77.
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 Town for connection to public
services, public utilities and streets deemed necessary for the proper development
of the subdivision, and all service levies and other charges imposed under these
Regulations.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007 - 2017
Page 32
PART III - SUBDIVISION OF LAND
78.
Construction and Town Engineer Costs Guarantees
Construction Guarantees - The developer shall deposit with the Town a cash
equivalent surety before the commencement of any phase of the development
sufficient to cover:
a)
the estimated cost of the Town's Engineer for supervision and inspections,
etc. before the commencement of each phase of the development;
b)
40% of the cost of the completion of any phase of the development - which
shall be returned to the developer with accrued interest upon satisfactory
completion (full completion of roads and services, etc. to the Town's
specifications as certified by the Town's Engineer) of the phase.
79.
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Town 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.
80.
Building Lines
The Town may establish building lines for any subdivision street and require any
new building to be located on such building lines.
81.
Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate
to the Town, at no cost to the Town, an area of land equivalent to not more
than 10% of the gross area of the subdivision for public open space,
provided that:
a)
where land is subdivided for any purpose other than residential use,
the Town shall determine the percentage of land to be dedicated;
b)
if, in the opinion of the Town, no public open space is required, the
land may be used for such other public use as the Town may
determine;
c)
the location and suitability of any land dedicated under the provisions
of this Regulation shall be subject to the approval of the Town but in
any case, the Town shall not accept land which, in its opinion is
incapable of development for any purpose;
d)
the Town may accept from the developer in lieu of such area or areas
of land the payment of a sum of money equal to the value of the land
which would otherwise be required to be dedicated;
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007 - 2017
Page33
PART III - SUBDIVISION OF LAND
e)
money received by the Town in accordance with this Regulation shall
be reserved by the Town for the purpose of the acquisition or
development of land for public open space or other public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Town and may be sold or leased by the Town for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall
be applied against the cost of acquisition or development of any other land
for the purposes of public open space or other public purposes.
(3)
The Town may require a strip of land to be reserved and remain
undeveloped along the banks of any river, brook or pond, and this land may,
at the discretion of the Town, constitute the requirement of Jand for public
use under Clause (1) of this regulation.
82.
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 Town which shall be satisfied on the question of
safe construction and relationship to the adjoining buildings and other structures
within the street reservation.
·
83.
Subdivision Design Standards
(1)
The standard for the design and construction of all work related to
Subdivision development shall be the Government of Newfoundland and
Labrador Municipal Water, Sewer, and Roads Specifications.
(2)
Except as otherwise provided under Schedule C .No permit shall be issued
for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the standards below.
a)
The finished grade of streets shall not exceed 12 percent.
b)
Every cul de sac ("dead end streef') shall be provided with a turning
circle of a diameter of not less than 30 m.
c)
The maximum length of any cul de sac shall be 300 metres. Where
a road loops back to itself, such as in a P loop, the distance is
measured to the start of the loop.
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Development Regulations 2007 - 2017
Page 34
PART Ill - SUBDIVISION OF LAND
- - -
::.-
-
-
- --
-
d)
After review by the Town's Fire Chief the length of a cul de sac may
be extended beyond 300 metres, provided that the Town is satisfied
that this will not create additional fire or other hazard risks or unduly
increase maintenance costs.
f)
No cul de sac shall be located so as to appear to terminate a collector
street.
g)
New subdivisions shall have street connections with an existing street
or streets.
h)
All street intersections shall be constructed within 5° of a right angle
and this alignment shall be maintained for 30 m from the intersection.
i)
No street intersection shall be closer than 60 m to any other street
intersection.
j)
No more tha.n four streets shall join at any street intersection.
k)
Subject to Councirs discretion a street which is a continuation of an
existing street, can retain that street's right of way and pavement
width. However, where there is to be a major new development, then
the standards below for collector and local streets shall apply:
Collector Street
Local Street
Reservation (minimum}
Pavement Width (minimum)
Walkways
Reservation (minimum)
Pavement Width (minimum)
Walkways
15 metres
9 metres
adequate pedestrian
access
shall
be
provided
along
roads
and
incorporated
into
subdivision planning
15 metres
7 metres
adequate pedestrian
access
shall
be
provided
along
roads
and
incorporated
into
subdivision planning
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007 - 2017
Page35
PART III - SUBDW/SION OF LAND
I)
The Town may require any existing natural, historical or architectural
feature or partttiereofto be retained when a subdivision is developed.
m)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
n)
Where there is potential for additional development, a road reserve
of 15 metres shall be provided, and a reserve of 15 metres shall be
provided along the entire length of a cul de sac.
84.
Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, stonn
sewers and all appurtenances thereto and all streets, paving, curbs, gutters
and catch basins and all other utilities deemed necessary by the Town 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 Town, be incorporated in the plan
of subdivision.
(2)
Upon approval by the Town 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 Town to
service the said area.
85.
Street Works May Be. Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks
and paving specified by the Town as being necessary, may, at the Town's
discretion, be deferred until a later stage of the work on the development of the
subdivision but the developer shall deposit with the Town before approval of his
application, an amount estimated by the Engineer as reasonably sufficient to cover
the cost of construction and installation of the works. In the later stage of the work
of development, the Town shall call for tenders for the work of construction and
installation of the works, and the amount so deposited by the developer shall be
applied towards payment of the contract cost. If the contract cost exceeds the
deposit, the developer shall pay to the Town the amount of the excess. If the
contract price is less than the deposit, the Town shall refund the amount by which
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007 - 2017
Page 36
PART Ill - SUBDIVISION OF LAND
the deposit exceeds the contract price. Any amount so deposited with the Town by
the developer shall be placed in a separate savings account in a bank and all
interest earned thereon shall be credited to the developer.
86.
Transfer of Streets and Utilities to Town
(1)
The developer shall, following the approval of the subdivision of land and
upon request of the Town, transfer to the Town, at no cost to the Town, and
clear of all liens and encumbrances:
a)
all lands in the area proposed to be developed or subdivided which
are approved and designated by the Town for public uses as streets,
or other rights-of-way, or for other public use;
b)
all services or public works including streets, water supply and
distribution and sanitary and storm drainage systems installed in the
subdivision that are normally owned and operated by the Town.
(2)
Before the Town 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 Town 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 Town.
87.
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 Town is
satisfied that:
a)
the Jot can be served with satisfactory water supply and sewage disposal
systems; and,
b)
satisfactory access to a street is provided for the lots.
88.
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.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007 - 2017
Page 37
PART 111 - SUBDIVISION OF LAND
(2)
Building groupings. once approved by the Town, shall not be changed
without written application to and subsequent approval of the Town.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
PART IV - USE ZONES
89.
Use Zones
Page 38
PART IV - USE ZONES
(1)
For the purpose of these Regulations, the Planning Area is divided into Use
Zones which are shown on the Zoning Map attached to and forming part of
these Regulations.
(2)
Subject to Regulation 88(3), the permitted use classes, discretionary use
classes, standards, requirements and conditions applicable to each Use
Zone are set out in the Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are
not set out in the Use Zone Tables in Schedule C, the Town may in its
discretion, determine the standards, requirements and conditions which shall
apply.
90.
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables
in Schedule C shall be determined by the Town in accordance with the classification
and examples set out in Schedule 8 .
91.
Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set
out in the appropriate Use Zone Table in Schedule C shall be permitted by the
Town in that Use Zone.
92.
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 Town 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
Town has given notice of the application in accordance with Regulation 23 and has
considered any objections or representations which may have been received on the
matter.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
93.
Uses Not Permitted R Prohibited Uses
Page39
PART IV - USE ZONES
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 and are deemed to be prohibited uses.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
Page 40
SCHEDULE A - DEFINITIONS
SCHEDULE A
DEFINITIONS
A definition marked with an asterix Is also included In the Urban and Rural Planning
Act and/or in the Ministerial Development Regulations. Where there is a conflict, the
Act or Ministerial Development Regulations prevail.
ACCESS* means a way used or intended to be used by vehicles, pedestrians or animals
in order to go from a street to adjacent or nearby land or to go from that land to the street.
ACCESSORY BUILDING* includes:
(i)
(ii)
(iii)
(iv)
a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory which has a use that is customarily
incidental or complementary to the main ·use of the building or land,
for the case of 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,
for commercial uses, workshops or garages, and
in the case of industrial uses, garages, offices, raised ramps and docks.
ACCESSORY USE* means the use that is subsidiary to a permitted or discretionary use
and that is customarily expected to occur with the permitted or discretionary use.
ACT*, unless the context indicates otherwise, means the Urban and Rural Planning Act
2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or
representation, whether illumjnated or not, in the nature of and employed wholly or in part
for the purposes of advertisement, announcement or direction; excluding such things
employed wholly as a memorial, or functional advertisement of Councils, or other local
authorities, public utilities and public transport undertakers, and including any boarding or
similar structure used or adapted for use for the display of advertisements.
AGRICULTURE means horticulture, fruit growing, grain growing, seed growing, dairy
farming, the breeding or rearing of livestock, including any creature kept for the production
of food, wool, skins, or fur, or for the purpose of its use in the farming of land, the use of
land as grazing land, meadow land, osier land, market gardens and nursery grounds and
the use of land for woodlands where that use is ancillary to the farming of land for any
other purpose. ·"Agricultural" shall be construed accordingly.
Town of long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
Page 41
SCHEDULE A - DEFINITIONS
AMUSEMENT USE means the use of land or buildings equipped for the playing of
electronic, mechanical, or other games and amusements including electronic games,
pinball games and slot machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each};
1 cow (including calf};
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}.
APARTMENT BUILDING means a building containing three or more dwelJing units, but
does not include a row dwelling.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT* means a person who has applied to an authority for an approval or permit
to carry out a development.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic
arteries of the area and defined as arterial streets or highways in the Municipal Plan or on
the Zoning Map.
-
AUTHORI~* means a council, authorized administrator or regional authority.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment for
paid temporary accommodation for up to sixteen (16) overnight guests that may include
a dining room for the use of overnight guests and their invitees. The establishment must
be registered with and receive a rating from Canada Select and also must be approved by
the Provincial Department of Tourism, Culture and Recreation as a Bed and Breakfast
operation.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
Page 42
SCHEDULE A - DEFINITIONS
BUILDING" means
(i)
a structure, erection, alteration or improvement plaGed on, over or under land
or attached, anchored or moored to land,
(ii)
mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar uses,
(iii)
a part of and fixtures on buildings referred to in subparagraphs (i) and (ii),
and
(iv)
an excavation of land whether or not that excavation is associated with the
intended or actual construction of a building or thing referred to in
subparagraphs (i) to (ii).
BUILDING HEIGHT* means the vertical distance, measured in metres,
from the
established grade to:
and
(i)
the highest point of the roof surface of a flat roof
flat Roof
(ii)
the deck Jine of a mansard roof
Mansard Roof
(iii)
the mean height level between eave and ridge of a gable, hip or gambrel
roof,
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
Gable Roof
Simple Hip Roof
Gambrel Roof
Page 43
SCHEDULE A - DEFINITIONS
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely omamental structures above a roof.
·
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 building may be placed. See figure below.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
I
I
- --t "R;;r-Lot u;,;---:
I
Side
Buildable Area
: Lot Line
rt·-.. -.. -··---·-·-··-.. --\-.. 1
I
'
i
I
j
_..,..I ._..._ Building Coverage
L _
J__.._...L[_Bui/ding LIM
~
I
I
I
1
Front Lot LIM
1
'-_c _ -""
-----_":\. __ ~
. Street Right of Way l
Page 44
SCHEDULE A - DEF!Nfl'IONS
CAMPGROUND means the use of land for the accommodation of travel trailers,
recreational vehicles, and/or tents.
COLLECTOR STREET means a street that is designed to link local streets with arterial
streets and which is designated as a collector street in the Municipal Plan, or on the Zoning
Map.
DAYCARE CENTRE or DAY NURSERY means a building or part of a building in which
services and activities are regularly provided to children of pre-school age during the full
daytime period as defined under the Day Nurseries Act, but does not include a school as
defined by the Schools Acl
DEVELOPMENT means the carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the use, or
the intensity of use of any land, buildings, or premise and without limiting the generality of
the foregoing, shall specifically include:
(i}
the making of an access onto a highway, road or way;
(ii)
the erection of an advertisement or sign;
(iii)
the parking of a trailer, or vehicle of any description used for the sale of
refreshments or merchandise, or as an office, or for living accommodation,
for any period of time;
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
and shall exclude:
Page 45
SCHEDULE A - DEFINITIONS
(iv)
the carrying out of works for the maintenance, improvement or other
alteration or any building, being works which affect only the interior of the
building or which do not materially affect the external appearance or use of
the building;
(v)
the canying out by a highway authority of any works required for the
maintenance or improvement of a road, being works carried out on land
within the boundaries of the road reservation;
(vi)
the carrying out by any local authority or statutory undertakers of any works
for the purpose of inspecting, repairing or renewing any sewers, mains,
pipes, cables or other apparatus, including the breaking open of any street
or other land for that purpose;
(vii)
the use of any buiJding or land within the courtyard of a dwelling house for
any purpose incidental to the enjoyment of the dwelling house as such.
DEVELOPMENT REGULATIONS* means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
DIRECTOR means the Director of Urban and Rural Planning.
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.
DOUBLE DWELLING means a building containing two dwelling units, placed one above
the other, or side by side, but does not include a self-contained dwelling containing a
subsidiary apartment.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms
used or designed as the living quarters for one household.
ENGINEER means a professional engineer employed or retained by the Town.
ESTABLISHED GRADE* means,
(i)
where used in reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average elevation
of the finished grade of the ground immediately surrounding the structure exclusive
of any artificial embankment or entrenchment.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
Page 46
SCHEDULE A - DEFINII'IONS
FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no
more than six (6) persons exclusive of staff In a home-like setting. Subject to the size
limitation, this definition includes, but is not limited to, the facilities called "Group Homes",
"Halfway House", and "Foster Home".
FLOOR AREA* means the total area of all floors in a building measured to the outside face
of exterior walls.
FRONTAGE* means the horizontal distance between side lot lines measured at the
building line.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front
wall of the main building on the lot.
GARAGE meahs a building erected for the storage of motor vehicles as an ancillary use
to a main building on the lot.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing,
breaking up, demolishing, or treating any article, commodity or substance. "Industry" shall
be construed accordingly.
GENERAL GARAGE means land or buildings used exclusively fo.r repair, maintenance and
storage of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes
involving the use of materials or processes which because of their inherent characteristics,
constitute a special fire, explosion, radiation or other hazard.
HOME BUSINESS means a secondary use of a dwelling and/or its accessory building by
at least one of the residents of the dwelling to conduct a gainful occupation or business
activity.
INSPECTOR means any person appointed and engaged as an Inspector by the Town or
by any federal or provincial authority or the agent thereof.
INSTITUTION means 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.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
Page47
SCHEDULE A - DEFINITIONS
~~~-
- --~-
- -
- -
-~--~
---
· -
-------·-
- -
~-
- --~-
- --~
- -
- --~
-----~~- --
- --~
- -
- ~~~~~--~
-
-
--
LAND* includes land covered by water, and buildings and structures on, over, or under the
soil and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY means the use of any land or buildings for any general industrial use
that can be carried out without hazard or intrusion and without detriment to the amenity of
the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash,
dust, glare or appearance.
LOCAL STREET means a street designed primarily to provide access to adjoining land
and which is not designated as a collector street or arterial street in the Municipal Plan, or
on the Zoning Map.
LODGING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
·
LOT* means a plot, tract or parcel of land which can be considered as a unit of land for
a particular use or ~uilding.
LOT AREA* means the total horizontal area within the lines of the lot.
LOT COVERAGE* means the combined area of all buildings on the lot measured at the
level of the lowest floor above the establisl:led grade and expressed as a percentage of the
total area of the lot.
MARINA means a dock or basin together with associated facilities where slips, moorings,
supplies, repairs, and other services that are typically available for boats and other
watercraft, including storage, sales and rentals, with or without a club house and catering
facilities. It can also include a fishing stage or shed associated with a dock or wharf.
MINERAL EXPLORATION means the activity of searching for minerals or mineral
occurrences, including oil exploration, wherein, for the purposes of these Regulations it
takes the form of development - that is visible and appreciable disturbance to soil.
MINERAL WORKING means land or buildings used for the working or extraction of
construction aggregates.
MINING means land or buildings used for the extraction of ores, salts, oil and/or natural
gas.
MOBILE HOME means a transportable factory-built single family dwelling unit:
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
-
- ~ . -
.:.
:.
-
-
.:.
-
.:.~ - - -
Page48
SCHEDULE A - DEFINITIONS
a)
which complies with space standards substantially equal to those laid down
in the Canadian Code for Residential Construction and is in accordance with
the construction standards laid down and all other applicable Provincial and
Mun.icipal 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 on
a permanent foundation and;
(ii)
connected to exterior public utilities approved by the Town, namely,
piped water, piped sewer, electricity and telephone, in order for such
mobile home unit to be suitable for year round term occupancy.
MOBILE HOME PARK means a mobile home development under single or joint
ownership, cared for and controlled by a m9bile home park operator where individual
mobile home lots are rented or leased with or without mobile home units placed ~:m them
and where ownership and responsibility for the maintenance and development of site
facilities including underground services, access roads, communal areas, snowclearing and
garbage collection. or any of them, are the responsibility of the mobile home park
management, and where the mobile home development is classified as a mobile home
park by the Town.
MOBILE HOME SUBDIVISION means a mobile home development requiring the
subdivision of land whether in single or joint ownership into two or more pieces or parcels
of land for the purpose of locating thereon mobile home units under either freehold or
leasehold tenure and where the maintenance of streets and services is the responsibility
of a municipality or public authority, and where the mobile home development is classified
as a mobile home subdivision by the Town.
NON-CONFORMING USE* means a legalfy 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.
OWNER* means a person or an organization of persons owning or having the legal right
to use the land under consideration.
PERMITTED USE* means a use that is listed within the permitted use classes set out in
the use zone tables of an authority's development regulations.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
Tawn of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
Page 49
SCHEDULE A - DEFINITIONS
PROHIBITED USE* means a use that is not listed within the permitted use classes set out
in the use zone tables of an authority's development regulations.
REAR YARD DEPTH* means the distance between the rear Jot line and the rear wall of
the main building on the lot.
RESTAURANT means a building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with meals or refreshments for
consumption on the premises. ·
ROW DWELLING means a dwelling containing three or more dwelling units at ground level
in one building, each unit separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal
or recreational use, and is not intended for use as permanent living quarters.
SERVICE STATION means any land or building used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of motor
vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the
purpose of limiting direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary purpose
is the selling or offering for sale of goods, wares or merchandise by retail or the selling or
offering for sale of retail services but does not include an establishment wherein the
primary purpose is the serving of meals or refreshments, an amusement use, a general
garage, or a service station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated
paoong and which is planned, devetoped and designed as a unit containing a minimum of
5 retail establishments.
SHOWROOM means a building or part of a building in which samples or patterns are
displayed and in which orders may be taken for goods, wares or merchandise, including
vehicles and equipment, for later delivery.
SIDE YARD DEPTH* means the distance between the side Jot line and the nearest side
wall of a building on the lot. See also Building Line and Yards.
SIGN* means a word, letter, model, placard, board, device or representation whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
r
Town of Long Harbour - Mount Arlington Heights
Development Regulati<?ns 2007-2017
Page50
SCHEDULE A - DEFINITIONS
advertisement, announcement or direction and excludes those things employed wholly as
a memorial, advertisements of local government, utilities and boarding or similar structures
used for the display of advertisements.
STREET" means a street, road or highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other emergency
vehicles.
·
STREET LINE* means the edge of a street reservation as defined by the authority having
jurisdiction.
SUBDIVISION* means the dividing of any land, whether in single or joint ownership, into
two or more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
TAKE-OUT FOOD SERVICE means a · building in which the primary purpose is the
preparation and sale of meals or refreshments for consumption off the premises.
TAVERN: includes a nightclub and means a building licensed or licensable under the
Liquor Control Act wherein meals and food may be served for consumption on the
premises and in which entertainment may be provided.
USE* means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE* means an area of land including buildings and water designated on
the Zoning Map to which the uses, standards and conditions of a particular use zone table
in Schedule C of the Regulations relate.
VARIANCE* means a departure, to a maximum of 10% from the yard area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use
Zone Table of the authority's regulations.
WETLAND means an area which is saturated by surface or ground water sufficient to
support, and which under normal circumstances supports a prevalence of vegetation
typically adapted for life in the saturated soil conditions, and includes swamps, marshes,
bogs, fens and similar areas.
YARD means an open uncovered space on a lot appurtenant to a building (except a court)
and unoccupied by buildings or structures except as specifically pennitted elsewhere in
these Regulations.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
b
~ - ·* .. ... .
. .
1 .
a
FrontYn
b
ResYIRI
c
SicllYl1d
d · F!Mklng Yard
·-
Page 51
SCHEDULE A - DEFINITIONS
ZONING MAP* .means the map or maps attached to and forming part of the Regulations.
Town of Long Harbour - Mount Arlington Heights
Page 52
Development Regulations 2007-2017
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
ASSEMBLY USES
Cultural° and Civic
Libraries, Museums, Art
Galleries, Court Rooms,
Meeting Rooms, Council
Chambers
ASSEMBLY USES
Protection
Police and Fire Stations
ASSEMBLY USES
General Assembly
Community Halls, Lodge
Halls, Dance Halls,
Gymnasia, Auditoria,
Bowling Alleys
ASSEMBLY USES
Educational
Schools, Colleges (non-
residential)
ASSEMBLY USES
Place of Worship
Churches and similar places
of worship, Church Halls
ASSEMBLY USES
Passenger Assembly
Passenger Terminals
ASS EMBLY USES
Club and Lodge
Private Clubs and Lodges
(non-residential)
ASSEMBLY USES
Catering
Restaurants, Bars, lounges
ASSEMBLY USES
Funeral Home
Funeral Homes and Chapels
ASSEMBLY USES
Child Care
Day Care Centres
ASSEMBLY USES
Amusement
Electronic Games Arcades,
Pinball Parlours, Poolrooms
ASSEMBLY USES
Indoor Assembly
Arenas, Armouries, Ice
Rinks, Indoor Swimming
Pools
Town of Long Harbour - Mount Arlington Heights
Page 53
Development Regulations 2007-2017
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Outdoor Assembly
Bleachers, Grandstands,
Outdoor Ice Rinks and
Swimming Pools,
Amusement Parks and Fair-
grounds, Exhibition
Grounds, Drive-in Theatres
ASSEMBLY USES
Campground
Campgrounds, Recreational
Vehicle and Travel Trailer
Campgrounds
INSTITUTIONAL
Penal and Correctional
Jails, Penitentiaries, Police
USES
Detention
Stations (with detention
quarters), Prisons,
Psychiatric, Hospitals (with
detention quarters),
Reformatories
INSTITUTIONAL
Medical Treatment and Special
Children's Homes,
USES
Care
Convalescent Homes
Homes for Aged, Hospitals,
Infirmaries
RESIDENTIAL
Single Dwelling
Single Detached Dwellings,
USES
Family & Group Homes
REStDENTfAl
Ooubte Dwetting
Semi-detached DwelHng,
USES
Duplex Dwellings, Family &
Group Homes
RESIDENTIAL
Row Dwelling
Row Houses, Town Houses,
USES
Family & Group Homes
RESIDENTIAL
Apartment Building
Apartments, Family & Group
USES
Homes
Town of Long Harbour - Mount Arlington Heights
Page 54
Development Regulations 2007-2017
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLE
RESIDENTIAL
Collective Residential
Residential Colleges &
Schools, University &
College Halls of Residence,
Convents & Monasteries,
Nurses and Hospital
Residences
RESIDENTIAL
Boarding House Residential
Boarding· Houses, Lodging
and/or Bed and Breakfast
Houses, Bed and Breakfast
RESIDENTIAL
Commercial Residential
Hotels & Motels, Hostels,
Residential Clubs
RESIDENTIAL
Seasonal Residential
Summer Homes & Cabins,
Hunting & Fishing Cabins
RESIDENTIAL
Mobile Homes
Mobile Homes
BUSINESS &
Office
Offices (including
PERSONAL
Government Offices), Banks
SERVICE
BUSINESS &
Medical and Professional
Medical Offices and
PERSONAL
Consulting Rooms,
SERVICE
Dental Offices & Surgeries,
Legal Offices & Similar
Professional Offices
BUSINESS &
Personal Service
Barbers, Hairdressers,
PERSONAL
Beauty Parlours, Small
SERVICE
Appliance Repai.rs
BUSINESS &
General Service
Self-service Laundries, Dry
PERSONAL
Cleaners (not using
SERVICE
flammable or explosive
substances), Small Tool and
Appliance Rentals, Travel
Agents
Town of Long Harbour - Mount Arlington Heights
·
Page 55
Development Regulations 2007-2017
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULES
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
BUSINESS&
Communications
Radio Stations, Telephone
PERSONAL
Exchanges
SERVICE
BUSINESS&
Police Station
Police Stations without
PERSONAL
detention quarters
SERVICE
BUSINESS &
Taxi Stand
Taxi Stands
PERSONAL
SERVICE
BUSINESS &
Take-out Food Service
Take-out Food Service
PERSONAL
SERVICE
BUSINESS &
Veterinary
Veterinary Surgeries
PERSONAL
SERVICE
MERCANTILE
Shopping Centre
Shopping Centres
MERCANTILE
Shop
Retail Shops and Stores and
Showrooms, Department
Stores
MERCANTILE
Indoor Market
Market Halls, Auction Halls
MERCANTILE
Outdoor Market
Market Grounds, Animal
Markets, Produce and Fruit
Stands, Fish Stalls
MERCANTILE
Convenience Store
Confectionary Stores,
Comer Stores, Gift Shops,
Specialty Shops
Town of Long Harbour - Mount Arlington Heights
Page 56
Development Regulations 2007-2017
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
INDUSTRIAL
Hazardous Industry
Bulk Storage of hazardous
liquids and substances,
Chemical Plants, Distilleries
Feed Mills, & Lacquer,
Mattress, Paint, Varnish,
and Rubber Factories, Spray
Painting
INDUSTRIAL
General Industry
Factories, Cold Storage
Plants, Freight Depots
General Garages,
Warehouses, Workshops,
Laboratories, Laundries,
Planing Mills, Printing
Plants, Contractors' Yards
INDUSTRIAL
Service Station
Gasoline Service Stations,
Gas Bars
INDUSTRIAL
Light Industry
Light Industry, Parking
Garages, Indoor Storage,
Warehouses, Workshops
NON-BUILDING
Agriculture
Commercial Farms, Hobby
Farms, Market Gardens &
Nurseries
NON-BUILDING
Forestry
Tree Nurseries, SiMciJlture
NON-BUILDING
Mineral Exploration
Mineral Exploration
NON-BUILDING
Mineral Working
Quarries, Pits
NON-BUILDING
Mining
Mining, Oil Wells
Town of Long Harbour - Mount Arlington Heights
Page 57
Development Regulations 2007-2017
SCHEDULE B- CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
NON-BUILDING
Recreational Open Space
Playing Fields, Sports
Grounds, Parks,
Playgrounds, Recreational
Trails
NON-BUILDING
Conservation
Watersheds, Buffer Strips,
Flood Plains, Architectural,
Historical and Scenic Sites,
Steep Slopes, Wildlife
Sanctuaries
NON-BUILDING
Cemetery
.
Cemeteries, Graveyards
NON-BUILDING
Scrap Yard
Car Wrecking Yards, Junk
Yards, Scrap Dealers
NON-BUILDlNG
Solid Waste
Solid Waste Disposal,
Sanitary Land Fill,
Incinerators
NON-BUILDING
Animal
Animal Pounds, Kennels,
Zoos
NON-BUILDING
Antenna
TV, Radio and
USES
Communications
Transmitting and Receiving
.
Masts and Antennae
NON-BUILDING
Utilities
Wind Mills, Wind Turbines,
Wind Farms, & related
facilities
NON-BUILDING
T~ansportation
Airfields, Docks and
Harbours
NON-BUILDING
Marina
Marina, Yacht Club, Boating
Club, Boat House, Fishing
Stage
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
Page 58
SCHEDULEC
NOTE:
SCHEDULEC
USE ZONE TABLES
This schedule contains tables showing the use classes which may be
permitted or which may be treated as discretionary ,use classes for the pur-
pose 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:
Town (TN)
Commercial (COM)
Special Industrial (SI)
Rural (RU)
Protected Watershed (PWS)
Environmental Protection (EP)
'
Town of Long Harbour - Mount Arlington Heights
Development Regulatiom 2006
ZONE TITLE
USE ZONE TABLE
TOWN(TN) ZONE
TOWN {TN) ZONE
PERMITTED USE CLASSES- (see Regulation 91)
Page 59
SCHEDULE C - TN ZONE
Antenna, Bed and Breakfast and Boarding House, Cemetery, Child Care,
Conservation, Convenience Store, Cultural and Civic, Double Dwelling, Family and
Group Care Centre, Fire Station, General Service, Marina, Medical and Profet:?sional,
Mobile Home, Office, Personal Services, Police Station, Public Services and Public
Utilities, Recreational Open Space and Trails, Shop, Single Dwelling and Subsidiary
Dwellina.
DISCRETIONARY USE CLASSES (see Regulations 23 and 92)
Campground, Catering, Club and Lodge, Commercial-Residential (eg. hotel, motel,
inn), Communications, Educational, Medical Treatment and Special Care, Mineral
Exploration, General Assembly, General Industry, Indoor Assembly, Light Industry,
Outdoor Assembly, Place of Worship, Service Station, Take-out Food Service, Taxi
stand, Transportation and Utilities (eg. windmills, wind turbines).
CONDITIONS FOR THE TOWN ZONE
Including the standards contained in this part, Sections 1 to 6 and Parts I, II, Ill, IV and
Schedules A and B must be considered when reviewing an application for development
and/or a subdivision.
Until such time as properties are hooked up to municipal water and sewage systems, all
development must be approved by the Department of Government Services before a
permit is issued by the Town. Minimum lot area and minimum lot frontage may be
increased if so required by the Department of Government Services.
1.
Development Standards - Municipal Water Supply and Piped Sewage
Lot area (minimum) ... .. .... ..... .. ..................... . . . .. 1400 m2
0
Frontage (minimum} . . .... . . ... ................... .... .. .. . .. 22.86 m 1'=7
Building Line Setback (minimum) . . ...................... ... . .... . 6 m
Side Yard Width (minimum) ..... ..................... .. . .. ... . .. 1.5 m
Side Yard Width Flanking Road (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . 6 m
Rear Yard Depth (minimum} . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 m
Lot Coverage (maximum - all buildings combined) .. . ......... . . .... . 33%
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
Page 60
SCHEDULE C - TN ZONE
- . - -
. -
2.
Development Standards - Municipal or Private Water Supply and Septic tank
Private Waste Disposal
Lot area (minimum) ... .............. .. .. ... ... . ....... .. .. . . . 1860 m2
Frontage (minimum} . .... . ............. ... ............... . ..... 30 m
Building Line Setback (minimum) ....... . . . . ... ............... .. .. 6 m
Side Yard Width (minimum} .. ........ ........................... 1.5 m
Side Yard Width Flanking Road (minimum} . . . . . . . . . . . . . . . . . . . . . . . . . . 6 m
Rear Yard Depth (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 m
Lot Coverage (maximum·- all buildings combined) ..... ... ............ 33%
3.
Commercial and Public Development and Other Non-Residential Development
Commercial, industrial, public, institutional and other non-residential development
shall be designed and located in such a way as to be compatible with residential
development in the genera] vicinity of the development.
4.
ou·tdoor Storage
The Town may permit open storage of materialst goods and machinery associated
with a permitted use provided the open storage is not located in front of the building
and the storage area is fenced or otherwise screened from view.
Scrap, scrapped vehicles, machinery parts, oil drums and tanks and so forth shall
not be allowed in outdoor storage areas.
5.
Service Station
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 1o which automobiles may gain access from either s1de;
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 Jines at the junction shall
be 10 metres and the lot line between ·entrances shall be clearly indicated.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
Page 61
SCHEDULE C - COM ZONE
ZONE TITLE
USE ZONE TABLE
COMMERCIAL (COM) ZONE
COMMERCIAL (COM) ZONE
PERMllTED USE CLASSES- (see Regulation 91)
Antenna, Catering, Campground, Commercial-Residential (eg. hotel, motel, inn),
Comm.unications, Conservation, Convenience Store, Cultural and Civic, Fire Station,
Funeral Home, General Assembly, General Industry, General Service,
Indoor
Assembly, Light Industry, Marina, Medical and Professional, Office, Outdoor Assembly,
Passenger Assembly, Personal Services, Police Station, Public Services and Public
Utilities, Recreational Open Space and Trails, Service Station, Shop, Shopping Centre,
Take-out Food Service. Transportation and Taxi Stand.
DISCRETIONARY USE CLASSES (see Regulations 23 and 92)
Mineral Exploration, Hazardous lndustry, Mineral Workings and Utilities (eg. windmills,
wind turbines).
CONDITIONS FOR THE COMMERCIAL ZONE
Including the standards contained in this part, Sections 1 to 6 and Parts I, II, Ill, IV and
Schedules A and B must be considered when reviewing an application for development
and/or a subdivision.
Until such time as properties are hooked up to municipal water and sewage systems, an
development must be approved by the Department of Government Services before a
permit ~s ~ssued by the Town. Minimum lot area and minimum lot frontage may be
increased if so required by the Department of Government Services.
1.
Development Standards
Lot area (minimum) ........................................ .. 1860 m2
Frontage (minimum) .. .... . . .. . .... .... .... . .. ... . . ..... .. . . . . . 30 m
Building Line Setback (minimum) ....... ...... ..... ..... ... . ... .. 10 m
Side Yard Width (minimum) ............. ... ........... . ........ .. 5 m
Side Yard Width Flanking Road (minimum) .. . .. ... .... .... . . ...... .. 10 m
Rear Yard Depth (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 m
Lot Coverage (maximum - all buildings combined) .. ... .............. 33%
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2006
2.
Outdoor Storage
Page 62
SCHEDULE C - COM ZONE
The Town may permit open storage of materials, goods and machinery associated
with a permitted use provided the open storage is not located in front of.the building
and the storage area is fenced·or otherwise screened from view.
Scrap, scrapped vehicles, machinery parts, oil drums and tanks and so forth shall
not be allowed in outdoor storage areas.
3.
Service Station
The following requirements shall apply· to an 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 Jot line;
c)
accesses shall not be Jess 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 Jines at the junction shall
be 1 O metres and the lot line between entrances shal.I be clearly indicated.
Town of Lang Harbour - Mount Arlington Heights
Development Regulations 2007-2017
ZONE TITLE
USE ZONE TABLE
SPECIAL INDUSTRIAL (SI) ZONE
SPECIAL INDUSTRIAL (SI) ZONE
PERMITTED USE CLASSES - (see Regulation 91)
Page 63
SCHEDULE C - SI ZONE
Antenna, Conservation, General Industry, Hazardous Industry, Light Industry, Mineral
Exploration, Mineral Working, Public Services and Public Utilities, Recreational Open
Soace and Trails Scrao Yard Solid Waste DisoosaJ. Transnortation and Utilities.
CONDITIONS FOR THE SPECIAL INDUSTRIAL ZONE
In.eluding the standards contained in this part, Sections 1 to 6 and Parts I, II, IU, IV and
Schedules A and B must be considered when reviewing an application for development
and/or a subdivision.
1.
General
1)
Except as set out in Condition 2, development in this zone is subject to a
comprehensive plan for all or part of this zone which has been reviewed by
the Provincial Government and approved by the Town.
2)
Except for general repairs, any expansion of or major renovations to an
existing use must be reviewed by the Provincial Government and approved
by the Town.
3)
Approval of an application for major renovations or expansion may be
refused or deferred pending the outcome of any studies or approval
applications in respect of the nickel refinery.
2.
Temporary Uses
The requirement for a comprehensive plan may by waived by the Town and the
Provincial Government where the development is temporary in nature . Along with
stating the development requirements, the permit shall set out when the
development must cease operation and be removed from the site.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
5.
Scrap Yard
Page 64
SCHEDULE C - SJ ZONE
(1)
Se(:?aration from Adjacent Uses - Unless the Town is satisfied that the scrap
yard wilJ not create a nuisance and will not adversely affect the amenity of
the specified development or natural feature, no scrap yard shall be located
closer than the minimum distances set out below to the specified develop-
ment or natural feature:
Type of Development
Minimum Distance from
Scrap Yard
Existing or proposed residential development
300 metres
Any other developable area or area likely to be
developed during the life of the mineral working
150 metres
Public highway or street
50 metres
Watercourse or waterbody
50 metres
Protected Road
90 metres
(3)
Screening - A scrap yard shall be screened in the following manner where
it is visible from a public street or highway, developed area, or area likely to
be developed during the life of the use:
a)
Where tree screens exist between the scrap yard and adjacent public
highways and streets or other land uses {excepting forestry and
agriculture), the tree screens shall be retained in a 30-metre wide strip
of vegetation so that visibility of any part of the usefrom the surround-
ing uses or streets will be prevented. The tree screens must be
maintained by the owner or occupier of the use to retain 30 metres in
a forested appearance. Where vegetation dies or is removed from
the 30-metre strip, the Town may require new trees of a minimum
height of 1 metre be planted to fill in the areas affected to the satis-
faction of the Town or, at the discretion of the Town, condition 2(ii)
must be undertaken.
b)
Where no tree screens exist of sufficient width and density to
constitute a visual screen, earthen berms shall be constructed to a
height sufficient to prevent visibility of any part of the scrap yard from
adjacent uses (excepting forestry and agriculture), or adjacent public
highways and streets. The berms shall be landscaped to the Town's
satisfaction.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
-
...
-
.:..
Page 65
SCHEDULE C - SI ZONE
c)
Where natural topography creates a visual screen between a solid
waste site or scrap yard and adjacent public highways and streets or
other land uses (excepting forestry and agriculture), additional
screening may not be required.
d)
Where effective screening for any scrap yard or associated
processing or manufacturing use cannot be installed or located as
required in clauses a) to c) above, the Town may refuse to permit the
use or associated activity.
(4)
Fencing - The Town may require the scrap yard to be enclosed by a fence
designed and constructed to its specifications.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
Page 66
SCHEDULE C - RU ZONE
ZONE TJTLE
USE ZONE TABLE
RURAL (RU) ZONE
RURAL (RU) ZONE
PERMITTED USE CLASSES - (see Regulation 91)
Agriculture, Animal, Antenna, Campground, Cemetery, Conservation, Forestry, Marina,
Mineral Exploration, Public Services and Public Utilities, Recreational Open Space,
Transportation and Utilities.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 92)
Scrapyard, General Industry, Light Industry, Mineral Working and Seasonal
Residential.
CONDITIONS FOR THE RURAL ZONE
1.
General Conditions
Including the standards contained in this part, Sections 1to6 and Parts I, II, Ill, IV
and Schedules A and B must be considered when reviewing an application for
development and/or a subdivision.
Development in this zone is subject to the approvals of the Agrifoods, Forest
Resources and Mines Branches of the Department of Natural Resources and the
Government Service Centre. Applications shall also be referred to other
departments and agencies as required.
2.
General Industry and Light Industry
Existing industrial uses are permitted to expand as needed, subject to all necessary
government approvals. Other industrial uses shall be associated with natural
resource uses.
3.
Scrap Yard
(1)
Separation from Adjacent Uses - Unless the Town is satisfied thatthe scrap
yard will not create a nuisance and will not adversely affect the amenity of
the specified development or natural feature, no scrap yard shall be located
closer than the minimum distances set out below to the specified develop-
ment or natural feature:
Town oflong Harbour - Mount Arlington Heights
Development Regulations 2007-2017
Type of Development
Existing or proposed residential development
Any other developable area or area likely to be
developed during the life of the mineral working
Public highway or street
Watercourse or waterbody
Protected Road
Page 67
SCHEDULE C - RU ZONE
Minimum Distance from
Scrap Yard
300 metres
150 metres
50 metres
50 metres
90 metres
(3)
Screening - A scrap yard shall be screened in the following manner where
it is visible from a public street or highway, developed area, or area likely to
be developed during the life of the use:
a)
Where tree screens exist between the scrap yard and adjacent public
highways and streets or other land uses (excepting forestry and
agriculture), the tree screens shall be retained in a 30-metre wide strip
of vegetation so that visibility of any part of the use from the surround-
·ing uses or streets will be prevented. The tree screens must be
maintained by the owner or occupier of the use to retain 30 metres in
a forested appearance. Where vegetation dies or is removed from
the 30-metre strip, the Town may require new trees of a minimum
height of 1 metre be planted to fill In the areas affected to the satis-
faction of the Town or, at the discretion of the Town, condition 2(ii)
must be undertaken.
b)
Where no tree screens exist of sufficient width and density to
constitute a visual screen, earthen berms shall be constructed to a
height sufficient to prevent visibility of any part of the scrap yard from
adjacent uses (excepting forestry and agriculture), or adjacent public
highways and streets. The berms shall be landscaped to the Town's
satisfaction.
c)
Where natural topography creates a visual screen between a solid
waste site or scrap yard and adjacent public highways and streets or
other land uses (excepting forestry and agriculture), additional
screening may not be required.
d)
Where effective screening for any scrap yard or associated
processing or manufacturing use cannot be installed or located as
Town ofLong Harbour - Mount Arlington Heights
Development Regulations 2007-2017
Page 68
SCHEDULE C - RU ZONE
- - -requiredi n--cfauses a) to c) a-bove, the Town may refuse-to permit the
use or associated activity.
(4)
Fencing - The Town may require the scrap yard to be enclosed by a fence
designed and constructed to its specifications.
4.
Seasonal Residential
Seasonal residential development may only be permitted on Crawley's Island and
within 100 metres of the T'Railway.
A seasonal residence may only be allowed after approval has been granted by the
Department of Government Servi~s and the Department of Environment and
Conservation and other departments and agencies as may be necessary.
Town of Long Harbour - Mount Arlington Heights
Development Regulations 2007-2017
Page 69
SCHEDULE C - PWS ZONE
USE ZONE TABLE
PROTECTED WATERSHED (PWS) ZONE
ZONE TITLE
PROTECTED WATERSHED (PWS) ZONE
PERMITTED USE CLASSES - (see Regulation 91)
Antenna, Conservation, Mineral Exploration, Public Services and Public Utilities,
Recreational Coen Scace and Utilities.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 92)
Aoriculture and Forestrv.
CONDITIONS FOR THE PROTECTED WATERSHED ZONE
Including the standards contained in this part, Sections 1 to 6 and Parts I, II, Ill, IV and
Schedules A and B must be considered when reviewing an application for development
and/or a subdivision.
1.
General Conditions and Referrals
In addition to any other approvals or requirements by the Town, all development in
this zone shall be subject to the approval of the Minister of Environment and
Conservation.
Conditions 1 ~ 2, 3l 4 and 5 are based upon Department of EnvU'onment and
Conservation Policy Directive W.R. 95-01-Water Resources Division as modified.
(1)
Existing activities will be· allowed to continue unless it is established that
these are impairing water quality or have the potential to impair water quality.
(2)
The Minister of Environment and Conservation may require proponents of
existing activities, which have the potential to impair water quality, to obtain
his/her approval.
(3)
No development shall be carried out except in accordance with this policy . .
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(4)
No person shall carry out any development without obtaining prior approval
in writing from the Minister.
2.
Activities Not Permitted in the Zone
The following activities shall not be permitted in the Protected Watershed Zone:
a)
placing, depositing or discharging or permitting the placing. depositing or
discharging into a body of water any sewage. refuse, chemicals, municipal
and industrial wastes or any other material which impairs or has potential to
impair water quality;
b)
using an intake, pond. lake or specified buffer zones for any activity
detrimental to water quality, and not permitted in the Environment Act;
c)
using ice covered water body for transporting Jogs or wood, riding
skidoos/motor vehicles/all terrain vehicles, leading animals, or any other
activity, including littering, which impairs or has potential to impair water
quality;
d)
using or operating existing facilities in such a manner that impairs or has
potential to impair water quality;
e)
storage and disposal of pesticides and manure, application of manure and
chemicals in specified buffer zones, extensive land clearing, and peat land
drainage without adequate treatment.
f)
application of herbicides in· the right-of-way, and use of chemically treated
utility poles and other related structures; and,
g)
any other storage or disposal facilities that the Minister of Environment and
Conservation considers environmentally unacceptable.
3.
Activities Regulated in the Zone
Subject to the other provisions of these Regulations, in this zone no person shall,
including the permitted and discretionary use classes, undertake any of the
following activities without obtaining prior written approval from the Minister of
Environment and Conservation and a permit from the Town:
a)
expansion and upgrading of the existing activities, operations or facilities;
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b)
land clearing or drainage, construction of access roads, servicing of lands for
subsequent use, or extension and upgrading of existing buildings or facilities;
c)
installation of storm or sanitary sewer pipelines, pipelines for transmission of
water for hydroelectric generation, agriculture uses, or any other purposes;
d)
construction of roads, bridges, culverts, and other stream crossings, and
installation of power and telecommunication transmission lines;
e)
modification to intake structures, pump house, reservoir; and
f)
any other development or activity which, in the opinion of the Minister of
Environment and Conservation, has caused impairment or has potential to
impair water quality.
4.
Approval Process
(1)
The proponent shall submit a detailed development plan along with maps,
drawings and specifi~tions and other information as required by the Town
and the Minister of Environment and Conservation for approval.
(2)
The Minister of Environment and Conservation may, on the recommendation
of his/her officials, issue a certificate of approval for the proposed
development on such terms and conditions as the Minister considers
necessary to protect water quality.
(3)
The proponent shall obtain separate approvals from the Minister and
Conservation for all permanent or temporary stream .crossings or for
alteration to bodies of water that may be necessary to carry out the approved
development
(4)
The proponent shall also obtain licences, permits or approvals under other
Acts and Regulations, including the Development Regulations as required
prior to commencing the approved work.
(5)
The proponent of the approved development shall notify the Town by
providing a copy of the approval issued under this policy before commencing
the work.
(6)
The proponent shall maintain adequate liaison and consultation with the
person or authority responsible for the operation and maintenance of the
waterworks during the implementation and operation of the approved work.
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(7)
The Minister of Environment and Conservation may require the inspection
of the approved development from time to time by his/her officials to ensure
that the development is carried out in an environmentally acceptable manner
and the proponent is complying with the terms and conditions of the
approval.
(8)
The Minister of Environment and Conservation may require a proponent to
monitor water quality according to a monitoring program approved by the
Minister in order to evaluate the impact of the approved development on
public water supply.
5.
Buffer Zones
The proponents shall provide the following widths of buffer zones along and around
water bodies from the high water mark in a designated area:
Water Body
Width of Buffer Zones
Intake pond or Jake
a minimum of 150 metres
River intake
a minimum of 150 metres for a
distance of one kilometre upstream
and 100 metres downstream
Main river channel
a minimum of 75 metres
Major tributaries, Jakes or ponds
a minimum of 50 metres
Other water bodies
a minimum of 30 metres
No development activity shall be permitted in buffer zones except those that are
intended to promote vegetation.
6.
Discretionary Use Classes
The discretionary use classes may be permitted at the discretion of the Authority
provided that they are compatible or complementary to uses within the permitted
use classes, or that their development will not inhibit or prejudice the quality of water
for domestic purposes which in future would flow or which flows into the Town water
pipes from sources within the Protected Watershed zone.
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USE ZONE TABLE
ENVIRONMENTAL PROTECTION (EP) ZONE
ZONE TITLE ENVIRONMENTAL PROTECTION (EP) ZONE
PERMITIED USE CLASSES - (see Regulation 91)
Conservation, Public Services and Public Utilities, Recreational Open Space and Trails
and Utilities and Transoortation (wharves onlv).
CONDITIONS FOR THE ENVIRONMENTAL PROTECTION ZONE
Including the standards contained in this part, Sections 1 to 6 and Parts I, II, Ill, IV and
Schedules A and 8 must be considered when reviewing an application for development
and/or a subdivision.
Development in this zone is subject to the approval of the Department of Environment and
Conservation.
Non conservation uses are subject to review by the Department of Environment and
Conservation, and can only be allowed if the Department and the Town are satisfied that:
a)
the use will have minimal impact on the environment;
b)
there is no reasonable alternative to a location in the Environmental Protection Zone
for the use (eg., a wharf, a coastal trail, a transmission line or a water line crossing
a waterbody).
Transportation uses are limited to wharves and ancillary structures.