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TOWN OF MAIN BROOK
DEVELOPMENT REGULATIONS
IMPORTANT: To see if there were any changes to
this plan since it came into effect, please refer to:
List of Development Regulation A1nendments
TOWN OF MAIN BROOK
DEVELOPMENT REGULATIONS
Prepared for the Town of Main Brook by the
Urban and Rural Planning division
Department of Municipal and Provincial Affairs
Government of Newfoundland and Labrador
November, 1992
TABLE OF CONTENTS
Regulation
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11 .
12
13.
14.
15.
16.
17.
18.
19.
20
21.
21.1
22.
23.
24.
25.
26.
27.
28.
APPLICATION
Short Title ..... ............ . .. .............. .. ............... .. ..... ....... ............... . ............ .
Interpretation ............ ..
Commencement ............. ................. .................. . ............. .
Municipal Code and Regulations ......
Authority .......................................................... .
PART I - GENERAL REGULATIONS
Compliance with Regulations
Permit Required ....... .
Permit to be Issued .......................................................................... .
Permit Not to be Issued in Certain Cases
Discretionary Powers of Authority .................................................. .
Variances by Authority ............................................................. .
Service Levy .................................. .
Financial Guarantees by Developer
Dedication of Land for Public Uses ....................................... .
Reinstatement of Land .....
Form of Application ...................................... ..
Register of Application .......
Deferment of Application ............... .
Outline Planning Permission .......................................... .
Development Permit ........................ ..
Reasons for Refusing Permit ........
Right of Appeal............. .......
. .............................. ..
Notice of Application
Right of Entry .......
Record of Violations ............................................................ ..
Stop Work Order and Prosecution ...................................... .
Local Board of Appeal Established .....
Appointment of Local Board of Appeal ............ .
Appeal Board to Act as Local Board of Appeal ............ ..
Page
. .......... 1
. .. 1
" ...... "' 1
.2
. .. "'". 2
. ...... 2
. ........... 2
. 3
3
.4
5
5
5
6
6
6
. ......... 7
7
.8
8
.. 9
.9
.. 9
9
. ... 9
. ..... 9
10
(ii)
Regulation
Page
29.
Appeals to Local Board of Appeal
. ............................ 11
30.
Effect of Decision by Local Board of Appeal .................................................................... 12
30.1
Return of Appeal Fee ......................................................................................................... 12
31.
Development May Not Proceed .................................................................................. 12
PART II· GENERAL DEVELOPMENT STANDARDS
32.
Accesses and Service Streets ......................................................................................... 13
33.
Accessory Buildings .............................................................................. .
13
34.
Advertisements ................................................................................................................ 13
35.
36.
Buffer Strips ........................................................................................ ..
Building Height ........................................................................................ .
.. ...... 13
.. ............ 14
37.
Building Line and Setback ............................................................................................... 14
38.
Family and Group Care Centres ...................................................................................... 14
39.
Height Exceptions ........................................................................................................... 14
40.
Livestock Structures and Uses
. ............................... 14
41.
Lot Area ........................................................................................................................... 15
42.
Lot Area and Size Exceptions .......................................................................................... 15
43.
Lot Frontage
. ........................................... 16
44.
Mobile Homes
........................................................................................................... 16
45.
Non-Conforming Uses ..................................................................................................... 16
46.
Offensive and Dangerous Uses ....................................................................................... 18
47.
Off-street Parking Requirements ..................................................................................... 18
48.
Off-street Loading Requirements .................................................................................... 19
49.
Parks and Playgrounds and Conservation Uses ............................................................. 20
50.
Screening and Landscaping ............................................................................................ 20
51.
Services and Public Utilities ............................................................................................. 20
52.
Service Stations ............................................................................................................. 20
53.
Sideyards ........................................................................................................................ 21
54.
Street Construction Standards ......................................................................................... 21
55.
Subsidiary Apartments ..................................................................................................... 21
56.
Unsubdivided Land .......................................................................................................... 21
57.
Zero Lot Line and Other Comprehensive Development ................................................. 21
(iii)
Regulation
Page
PART Ill · ADVERTISEMENTS
58.
Permit Required ............................................................................................................... 22
59.
Form of Application ............................................ .
. ............................................ 22
60.
Advertisements Prohibited in Street Reservation ............................................................ 22
61.
Permit Valid for Limited Period .......................................................................................... 22
62.
Removal of Advertisements ............................................................................................. 22
63.
Advertisements Exempt from Control ............................................................................. 22
64.
Approval Subject to Conditions .......................................... .
. ............................. 23
65.
Non-Conforming Uses ..................................................................................................... 23
PART IV· SUBDIVISION OF LAND
66.
Permit Required ............................ .
. ........................................................................ 24
67.
Services to be Provided ................................................................................................. 24
68.
Payment of Service Levies and Other Charges ........................................................... 24
69.
Issue of Permit Subject to Considerations ....................................................................... 24
70.
Building Permits Required ............................................................................................... 25
71.
Form of Application ........................................................................................................ 25
72.
Subdivision Subject to Zoning
. 25
73.
Building Lines .................................................................................................................. 25
74.
Land for Public Open Space ................................ .. . ............................................ 25
75.
Structure in Street Reservation ....................................................................................... 26
76.
Subdivision Design Standards ................... .
.. ...................................................... 27
77.
Engineer to Design Works and Certify
Construction Layout ........................................................................................................ 28
78.
Developer to Pay Engineer's Fees and Charges ............................................................ 29
79.
Street Works May be Deferred ........................................................................................ 29
80.
Transfer of Streets and Ut'il'lties to Authority ................................................................. 29
81.
Restriction on Sale of Lots ............................................................................................... 30
82.
Grouping of Dwellings and Landscaping ........................................................................ 30
(iv)
Regulation
Page
83.
84.
85.
86.
87.
PART V - USE ZONES
Use Zones ............................................... ..
Use Glasses .......................... ..
'' ,, ,, "'" "'" "" "' "'"'" '"" ""'" "'"'' 31
'""' '"'" "' "'"'" """"'' '""" "'" """'' "' 31
Permitted Uses ....................... .
""""""" '"' """ "' "' """" '" ""'"""' '"" "''"' '"""' 31
Discretionary Uses . ... . .............
.. ............................................................................ . '31
Uses Not Permitted ........................................................................................ ..
"32
SCHEDULES
SCHEDULE A: Definitions
SCHEDULE B: Classification of Uses of Land and Buildings
SCHEDULE C: Use Zone Tables
SCHEDULE D: Off-Street Parking Requirements
SCHEDULE E: Land Use Zoning Maps
Application
Page 1
TOWN OF ANYTOWN MUNICIPAL PLAN
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULA TI ONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Anytown 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 which they are used in the
Regulations.
3. Commencement
These Regulations come into effect throughout the Anytown Municipal 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. 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 Anytown, shall,
under these Regulations apply to the entire Planning Area.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Anytown.
Purl I Generu! Reg11latio11s
Page 2
PART I - GENERAL REGULATIONS
6. Compliance With Regulations
No development shall he canied out within the Planning Area except in accordance
with these Regulations.
7. Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has
been issued by the Authority.
8. Permit to be Issued
Subject to Regulations 9 and I 0, a permit shall be issued for development within the
Planning Area that conforms to:
(a)
the general development standards set out in Part II of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards,
requirements, and conditions prescribed in Schedule C of these Regulations
for the use zone in which the proposed development is located;
(b)
the standards set out in the Building Code and/or other ancillary codes, and
any Building Regulations, Waste Disposal Regulations, and/or any other
municipal regulation in force in the Planning Area regulating or controlling
development, conservation and use of land and buildings;
(c)
the standards set out in Part Ill of these Regulations in the case of advertisem-
ent;
(d)
the standards set out in Part IV of these Regulations in the case of
subdivision;
(e)
the standards of design and appe-mmce established by the Authority.
9. Permit Not to be Issued in Certain Cases
Neither a permit nor outline planning permission shall be issued for development
within the Planning Arca when, in the opinion of the Authority, it is premature by
reason of the site lacking adequate road access, power, drainage, sanitary facilities, or
domestic water supply, or being beyond the natural development of the area at the
time of application unless the applicant contracts to pay the full cost of construction
of the services deemed
Part I - General Rexularions
Page 3
necessary by the Authority and such cost shall attach to and upon the prope1ty in
respect of which it is imposed.
10. Discretionary Powers of Authority
In considering an application for a permit or for outline planning permission to carry
out development, the Authority shall take into account the policies expressed in the
Municipal 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 Authority may, in
its discretion, and as a result of its consideration of the matters set out in this Regulat-
ion, conditionally approve or refuse the application.
11. Variances by Authority
(I)
Where a permit cannot be granted because the proposed development does
not comply with these Regulations, the Authority may in its discretion vary
the requirements to literal conformity with the Regulations if, in the
Authority's opinion, the requirements would prejudice the proper
development of the land, building or structure in question, or be contrary to
the public interest.
(2)
Variance from these Regulations pursuant to Regulation 11 (I) shall only be
authorized in the following circumstances:
(a)
if, in the opinion of the Authority, such variance is not contrary to the
general intent and purpose of these Regulations, the Municipal Plan,
or any further scheme, plan or regulation pursuant thereto, and the
public interest;
(b)
if, prior to authorization of such variance, the Authority has
considered its effect on adjoining properties;
(c)
if the variance does not change the permitted use of the property;
Pal'! I· (3e11ert1i Regu/otions
Page 4
(d)
if the Authority is satisfied that the variance has not become
necessary due to the intentional or negligent conduct of the owner or
some other party acting with the owner's knowledge or consent:
(e)
if. prior to authorization of such variance, the Authority has given
notice of the application in accordance with Regulation 22 and has
considered any objections or representations which may have been
received on the matter.
(3)
Variance fmrn these Regulations pursuant to Regulation 11(1) shall not be
authorized if such variance, when considered together with other variances
made or to be made in respect of the same land, building or structure, would
have a cumulative effect contrary to the general inte.nt of these Regulations,
the Municipal Plan, or any further sche.me, plan or regulation pursuant
thereto, even though the variances individually would not have such effect.
12. Service Levy
( 1)
The Authority may require a developer to pay a service levy where
development is made possible or where the density of potential development
is increased, or where the value of property is enhanced by the carrying out of
public works either on or off the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Authority of constructing or improving the public works
referred to in Regulation 12( 1) that are necessary for the real property to be
developed in accordance with the standards required by the Authority 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 benefitted by the public works related to
all the real property so henefitted; and,
(b)
the density of development made capable or increased by the public
work.
Part I~ General Regulations
Page 5
( 4)
The Authority may require a service levy to be paid by the owner of the real
property;
(a)
at the time the levy is imposed;
(h)
at the time development of the real property commences;
(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide,
13. Financial Guarantees by Developer
(I)
The Authority may require a developer before commencing a dcvclopmentto
make such financial provisions and/or enter into such agreements as may he
required to guarantee the payment of 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 13(1) may be made in the
form of:
(a)
a cash deposit from the developer, to be held by the Authority, or;
(h)
a guarantee by a hank, or other institution acceptable to the Minister,
for expenditures by the developer, or;
(c)
a performance bond provided by an insurance company or a bank, or;
(d)
an annual contribution to a sinking fund held by the Authority,
14. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 74, the
Authority may require the dedication of a percentage of the land area of any
subdivision or other development for public use, and such land shall be conveyed to
the Authority in accordance with the provisions of the Act
15. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Authority may order the developer, the occupier of the site, or the owner or all of
them lo reinstate the site, to remove all or any buildings or erections,
Part I· G'e11erol Regulations
to cover or fill all wells or excavations, and to close all or any accesses, or to do any
of these things or all of them, as the case may be, and the developer, occupier or
owner shall carry out the order of the Authority and shall put the site in a clean and
sanitary condition to the satisfaction of the Authority.
16. Form of Application
(I)
An application for a development permit or for outline planning permission
shall be made only by the owner or by a person authorized by the owner to
the Authority on such form as may be prescribed by the Authority, and every
application shall include such plans, specifications and drawings as the
Authority may require, and be accompanied by the permit fee required by the
Authority.
(2)
The Authority shall, on request, supply to every applicant a copy of the
application forms referred to in Regulation 16(1) and a description of the
plans, specifications and drawings required to be provided with the
application.
17. Register of Application
The Authority shall keep a public register of all applications for development, and
shall enter therein the Authority's decision upon each application and the result of any
appeal from that decision.
18. Deferment of Application
(I)
The Authority 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 Authority and on which a decision has not
been communicated to the applicant within eight weeks of the receipt thereof
by the Authority, and on which consideration has not been deferred in
accordance with Regulation 18( I), shall be deemed to be refused.
Parr I~ (ieneral Regulations
rage 7
19. Outline Planning Permission
(1)
The Authority may grant outline planning permission for the erection,
alteration or conversion of a building if, after considering an application for
outline planning permission made under these Regulations, it is satisfied that
the proposed development is, subject lo the approval of detailed plans. in
compliance with these Regulations.
(2)
Where outline planning permission is granted under this Regulation, it shall
be subject to the subse4uent approval by the Authority of such details as !llay
be listed in the outline planning permission, which shall also specify that
further application for approval of these details shall be received not later
than two years from the grant of outline planning permission.
20. Development Permit
(l)
A plan or drawing which has been approved by the Authority and which bears
a mark and/or signature indicating such approval together with a permit shall
be deemed to be permission to develop land in accordance with these
Regulations but such permission shall not relieve the applicant from full
responsibility for obtaining permits or approvals under any other regulation or
statute prior to commencing the development; from having the work carried
out in accordance with these Regulations or any other regulations or statutes:
and from compliance with all conditions imposed thereunder.
(2)
The Authority may attach to a permit or to outline planning permission such
conditions as it deems fit in order to ensure that the proposed development
will be in accordance with the purposes and intent of these Regulations.
(3)
Where the Authority deems necessary, permits may be issued on a temporary
basis for a period not exceeding two years, which may be exte.nded in writing
by the Authority for further periods not exceeding two years.
Part I· Getu'ral Regulations
Pagl' 8
(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 adve1t-
isement, which may be renewed in accordance with Part III of these
Regulations.
(5)
The approval of any application and plans or drawings or the issue of a
permit shall not prevent the Authority from thereafter requiring the correction
of errors, or from ordering the cessation, removal of. or remedial work on any
development being carried out in the event that the same is in violation of this
or any other regulations or statute.
(6)
The Authority may revoke a permit for failure by the holder of it to comply
with these Regulations or any condition attached to the permit or where the
permit was issued in error or was issued on the basis of incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications upon
which a permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter or thing
in being done for which a permit has been issued, a copy of the permit and
any plans, drawings or specifications on which the issue of the permit was
based during the whole progress of the work, or the doing of the matter or
thing until completion.
21. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a
permit, state the reasons for so doing.
21. I
Right ol' Appeal
TtlC Authority shall. when rcfusiJH\ to issue a permit lJJ attaching .\'.\H1ditio11s to JI.
permit, inform the applicant ul'thc provisions of Sec_tion 29, namely, the right ol'thc
applicalll to ap['.L'.al 1he decision of the Authority to the Local Board of Appeal and
the appeal period estabfohed in par,<igraph (3) of Section 29.
Amended 1997 0516
Part I~ General Regulu.Jions
Page 9
22. Notice of Application
The Authority may, and when a variance is necessary under Regulation 11 am! the
Authority wishc>, to consider whether to authori7e such a vari~llKl', when a change in
nonconforming use is to be considered under Regulation 45, or when the develop-
ment proposed is listed as a discretionary use in Schedule C of the Regulations shall,
at the expense of the applicant, give notice of an application for a permit or for
outline planning permission, by public advertisement in a newspaper circulating in
the area or by any other means deemed necessary.
23. Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private
land and may at all reasonable times enter any development or building upon the land
for the purpose of making surveys or examinations or obtaining information relative
to the carrying out of any development, construction, alteration, repair, or any other
works whatsoever which the Authority is empowered to regulate.
24. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes
to his knowledge and report that violation to the Authority.
25. Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, the Authority may order that person to stop the 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 25( 1) is
guilty of an offence under the provisions of the Act.
26. Local Board of Appeal Established
A Local Board of Appeal shall be appointed to hear all appeals arising from these
Regulations.
27. Appointment of Local Board of Appeal
(I)
The Authority may, subject to the approval of the Minister, appoint not less
than three and not more than five persons to constitute the Local Board of
Appeal.
Amended 1997 05 16
Pal't 1 (;e11era/ Reg/.llations
Page JO
(2)
The Authority under Regulation 27( I) shall not appoint elected or appointed
officials of the Authority to be members of the Local Board of Appeal.
(3)
Every member of the Local Board of Appeal shall be appointed for such
periods, not exceeding the term of office of the Authority, as may be deemed
appropriate by the Authority, and shall be eligible for re-appointment.
( 4)
The Local Board of Appeal shall be presided over by a Chairman appointed
from among its members by the Authority or in the absence of the Chairman,
such member as the members present shall from among themselves appoint.
(5)
A majority of the members of the Local Board of Appeal shall constitute a
quorum.
(6)
The Authority may by a two-thirds vote of its members provide for
remuneration to be paid to members of the Local board of Appeal and may
prescribe the amount.
(7)
Where a Local Board of Appeal has been appointed and approved under
Regulation 27(1), the Clerk of the Authority shall be the Secretary of that
Local Board of Appeal.
28. Appeal Board to Act as Local Board of Appeal
Where a Local Board of Appeal has not been appointed and approved by the Minister
under Regulation 27(1 ), the appropriate Appeal Board established under the
provisions of the Act shall be deemed to have been appointed as the Local Board of
Appeal, and shall carry out the functions and exercise the same powers as if it were
appointed a Local Board of Appeal under Regulations 27(! ), but it shall not be
obliged lo hold appeal hearings within the Planning Area or to hear appeals within
the time limits established under these Regulations.
Part 1- General Regulations
Page 11
29. Appeals to Local Board of Appeal
(I)
The Local Board of Appeal shall hear appeals from decisions of the Authority
made under these Regulations and shall either confirm the decision or
recommend to the Authority that the decision be varied or reversed.
(2)
Any person may appeal to the Local Board of Appeal from a decision of the
Authority made under these Regulations.
(3)
An appeal shall be submitted in writing to the Authority within thirty (30)
days of the date of the decision appealed from, shal I include an apQ~_alfc:~JQ
be paid to llw Appeal Board hearing the appeal, and shall state the circum-
stances and grounds of the appeal.
(3.1)
Where the municipality has not appointed a Lorn I Board of Apncal.,_I11t:
[lppeal fee shall be the fee established for appeals to the Regional Appeal
Boarcl' by Order of the Minister of Municipal and Provincial Affairs. and
where the municipality has appointed the Local l:loard or Appeal, the appeal
fee shall be an amount established by resolution of the Authority and no
greater than the Rc2ional Appeal l:loards appc;li fee.
(4)
Within one week of receiving an appeal, the Authority shall forward it to the
Local Board of Appeal together with the required fee and a copy of the appli-
cation appealed from and all other correspondence, plans and pertinent
information.
(5)
The Local Board of Appeal shall meet lo hear an appeal within sixty calendar
days after that appeal has been filed with the Authority, and shall make its
decision known in writing to the Authority and to the appellant within two
weeks of hearing the appeal.
(6)
The Authority, the appellant, and any other person likely to be affected by the
appeal, shall be advised of the time and place of the appeal hearing by the
Secretary at least one week before the appeal is to be heard.
(7)
The Authority and tbe appellant arc entitled, but are not bound, to appear
before the Local Board of Appeal either personally or by representatives
appointed by them.
Amended 1997 OS 16
Part I - General Ref?u/ations
Page 12
(8)
The Local Board of Appeal shall consider and determine each appeal in
accordance with the intent of these Regulations and the Municipal Plan and
any fu1ther plan, scheme or regulations that are in force, having due regard to
the circumstances and merits of the particular case and the use of discretion-
ary powers by the Authority.
(9)
In determining an appeal, the Local Board of Appeal shall be bound by the
Municipal Plan and any fu1ther scheme or plan that is in force under the Act.
(I 0)
Every member of a Local Board of Appeal shall be subject to the provisions
of the Municipalities Act with respect to conflict of interest as if he were a
councillor elected under that Act.
( 11)
The decision of a majority of the members of the Local Board of Appeal
present, excluding all members prohibited from voting because of conflict of
interest, shall be the decision of the Board whose decision shall not be subject
to further appeals to any other Appeal Board constituted under the Act.
(12)
If a Local Board of Appeal is unable to decide an appeal because of the
cont1ict of interest of a majority of its members, the Authority shall, subject
to the approval of the Minister, and for that appeal only, appoint other
persons to replace those members so affected.
30. Effect of Decision by Local Board of Appeal
The Auth<lrily shall b"c bound to carry out the decisimttJLt(ie Local Board of Appeal,
which dedsion shall be bi11~!in~ on all parties.
30.1
Return of A1>peul Fee
Where an ap()LL<tlniade by an appellant under ~.<;et ion 29 is successful, an amount of
!ll<lney equal to the fee puid by that appel !ant under para~raph 29n) shall be paid to
hlrn .. nr her bv the Authority. and the Local Board or Appeal ~flail 'o order in its
de<; bi on.
31. Development May Not Proceed
Where an appeal is made from a decision of the Authority, the development
concerned shall not proceed pending a decision on the appeal and the subsequent
issue of all required permits.
Section 30 · Amended 1992 11 27
Section 30.l ·Amended 1997 OS 16
Pan II · General Dfvelopn1ent Standards
Page 13
PART II - GENERAL DEVELOPMENT STANDARDS
32. Accesses and Service Streets
(I)
Access shall be located to the specification of the Authority so as to ensure
the greatest possible convenience and safety of the street system and the
Authority may prescribe the construction of service streets to reduce the
number of accesses to collector and arterial streets.
(2)
No vehicular access shall be closer than l 0 metres to the street line of any
street intersection.
33. Accessory Buildings
(I)
Accessory buildings shall be clearly incidental and complementary to the use
of the main buildings in character, use and size, and shall be contained on the
same lot.
(2)
No accessory building or part thereof shall project in front of any huilding
line.
(3)
The sidcyard requirements set out in the use zone tables in these Regulations
shall apply to accessory buildings wherever they are located on the lot but
accessory buildings on two (2) adjoining properties may be built to property
boundaries provided they shall be of fire resistant construction and have a
common firewall.
34. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part ill of
these Regulations.
35. Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or
proposed residential area, or is separated from it by a road only, the owner of the site
of the industrial development shall provide a buffer strip not less than ten (I 0) metres
wide between any residential activity and the industrial area. The buffer shall include
the provision of such natural or structural barrier as may be required by the Authority
and shall be maintained by the owner or occupier to the satisfaction of the Authority.
Pa.rt If· Gfner(I/ L>evelopntenr Standards
Page 14
36. Building Height
The Authority may permit the erection of buildings of a height greater than that
specified in Schedule C, but in such cases the building line setback and rearyard
requirements shall be varied as follows:
(I)
The building line setback shall be increased by 2 metres for every I metre
increase in height.
(2)
The rearyard shall not be less than the minimum building line setback
calculated as described in (I) above plus 6 metres.
37. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed
street or service street and may require any new buildings to be located on those
building I ines, whether or not such building lines conform to the standards set out in
the tables in Schedule C of these Regulations.
38. 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 Authority, the use of the dwelling does
not materially differ from, nor adversely affect, the amenities of the adjacent resi-
dences, or the neighbourhood in which it is located. The Authority may require
special access and safety features to be provided for the occupants before occupancy
is permitted.
39. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be
waived in the case of communication masts and antennae, flagpoles, water towers,
spires, belfries, or chimneys, but any such waiver which results in an increase of
more than 20% in the permitted height of the structure shall only be authorized under
the provisions of Regulation 11.
40. Livestock Structures and Uses
(I)
No structure designed to contain more than five animal units shall be erected
or used unless it complies with the following requirements:
(a)
The structure shall be at least 600 m from a residence, (except a farm
residence or a residence which is a non-conforming use
Part II~ General De\!elopn1e11t Standards
Page I 5
in any zone in which agdculture is a permitted use class in the Use
Zone Tables in Schedule C of these Regulations), and, from an area
designated for residential use in an approved Plan, and, from a
Provincial or Federal Park.
(b)
The structure shall be at least 60 m from the boundary of the prope1ty
on which it is to be erected.
(c)
The structure shall be at least 90 m from the centre line of a street.
(d)
The erection of the structure shall be approved by the Department of
Forestry & Agriculture and the Department of Environment & Lands.
(2)
No development for residential use shall be permitted within 600 m of an
existing structure designed to contain more than five animal units unless the
development is first approved by the Depa11ment of Forestry & Agriculture.
41. Lot Area
( 1)
No lot shall be reduced in area, either by the conveyance or alienation of any
portion there.of or otherwise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage
or lot area that is less than that permitted by these Regulations for the zone in
which such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a
yard, it shall continue to be so used regardless of any change in the ownership
of the lot or any part thereof, and shall not be deemed to form pa1t of an
adjacent lot for the purpose of computing the area thereof available for
building purposes.
42, Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots
already exist in any residential zone, with insufficient frontage or area to permit the
owner or purchaser of such a lot or lots to comply with the provisions of these
Regulations, then these Regulations shall not prevent the issuing of a permit by the
Authority for the erection of a dwelling thereon, provided that the lot coverage and
height arc not greater than, and the yards and floor area are not less than the standards
set out in these Regulations.
Part ff - General f)e1·,,fupn1etll Srandards
Page 16
43. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these
Regulations, no residential or commercial building shall be erected unless the lot on
which it is situated fronts directly onto a street or forms part of a Comprehensive
Development Scheme.
44. Mobile Homes
(1)
Groups of more than five mobile homes shall be located only in approved
mobile home parks and mobile home subdivisions in Residential Use Zones
so designated and shall conform to the requirements of the Provincial Mobile
Home Development Regulations currently in effect.
(2)
No development permit shall be issued for a mobile home lot unless it
conforms with the requirements of Regulation 23 of the Mobile Home
Development Regulations.
45. Non-Conforming Uses
(I)
Any legal use of buildings or land at the date of the coming into effect of
these Regulations may although not conforming with the Regulations of the
Use Zone in which they are located:
(a)
be continued, or;
(b)
be changed to another non-conforming use if after notice of an
application to change the use has been given in accordance with
Regulation 22 and consideration given to any objections or
representations which may have been received on the matter, it is the
Authority's opinion, that the new use is more compatible with the
permitted use(s) in the Use Zone in which the building is located.
(2)
A building, which is legally used for a purpose not permissible within the
zone in which it is located, shall not be enlarged, extended, reconstructed, or
altered structurally, unless such building is thereafter to be used for a purpose
permitted within that zone, provided that:
Pan II Ge11eral Developinent S1andards
I'age 17
(a)
the interior of such building may be permitted by the Authority to be
reconstructed or altered, in order to render it more convenient or
commodious for the same purpose for which such building is legally
used;
(b)
any building which at the date of the coming into effect of these
Regulations is being used in a zone where such use is not permissible
may be permitted by the Authority to be altered structurally or
extended by not more than fifty percent of its original floor area if
such alterations or extensions conform to all the requirements of these
Regulations except those pertaining to land use, and are confined to
the existing lot.
(3)
A building which is legally used for any purpose but which does not conform
to the Regulations of the Use Zone in which it is located, and which
subsequently suffers damage or deterioration to an extent greater than fifty
percent of its replacement value, excluding land, shall not be reconstructed
except. in conformity with the Rcgulatinns for the Use Zone in which such
building is located, provided that:
(a)
the owner of such building may within one year of such damage
taking place make application to the Authority for a permit to
reconstruct the building for the same purpose for which it was legally
used.
(b)
the Authority shall before the expiration of sixty (60) days from the
day on which a complete application is received to construct such a
building:
(i)
serve a notice of expropriation in accordance with the Act, or;
(ii)
indicate its willingness to issue a permit to develop providing
that the reconstruction of the building conforms to all the
requirements of these Regulations except those pertuining to
land use, and that any such development takes place within
the existing curtilage of the lot.
Part II· Gt1nt-ra{ D(-w.dopnu:nt Standards
Page 18
46. 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
vibration, or create any nuisance that has an unpleasant effect on the senses unless its
use is authorized by the Authority and any other authority having jurisdiction.
47. Offstreet Parking Requirements
( l)
For every building, structure or use to be erected, enlarged or established.
there shall be provided and maintained a quantity of off-street parking spaces
sufficient to ensure that the flow of traffic on adjacent streets is not impeded
by the on-street parking of vehicles associated with that building. structure or
use.
(2)
The number of parking spaces to be provided for any building, structure, use
of occupancy shall conform to the standards set out in Schedule D of these
Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings, shall
be made accessible by means of a hard surfaced right-of-way at least 3 m in
width. Parking required in a Residential Zone shall be provided on the same
lot as the dwelling or dwellings. Parking space for apartments shall be
provided in the rear yard where possible. In a Non-Residential Zone, parking
spaces shall be provided within the limits of the zone in which the use is
situated and not more than 200 m distant from the use concerned.
( 4)
The parking facilities required by this Regulation shall, except in the case of
single or attached dwellings, be arranged so that it is not necessary for any
vehicle to reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted:
(a)
parking space shall mean an area of land, not less than 15 m2 in size,
capable of being used for the parking of a vehicle without the need to
move other vehicles on adjacent areas;
Part II - Ge11eral Develop111ent Standards
Pllge 19
(b)
the parking area shall be constructed and maintained to the
specifications of the Authority;
(c)
the lights used for illumination of the parking area shall be so
arranged as to divert the light away from adjacent development;
(d)
a structure, not more than 3 m in height and more than 5 m2 in area
may be erected in the parking area for the use of attendants in the
area;
(e)
except in zones in which a service station is a permitted use, no
gasoline pump or other service station equipment shall be located or
maintained on a parking area;
(f)
no part of any off-street parking area shall be closer than 1.5 rn to the
front lot line in any zone;
(g)
access to parking areas in non-residential zones shall nol be by way of
residential zones;
(h)
where a parking area is in or abuts a residential zone, a natural or
structural barrier at least I m in height shall be erected and
maintained along all lot lines;
(i)
where, in the opinion of the Authority, strict application of the above
parking requirements is impractical or undesirable, the Authority may
as a condition of a permit require the developer to pay a service levy
in accordance with these Regulations in lieu of the provision of a
parking area, and the fu 11 amount of the levy charged shall be used by
the Authority for the provision and upkeep of alternative parking
facilities within the general vicinity of the development.
48. Off-Street Loading Requirements
( 1)
For every building, structure or use Lo be erected, enlarged or established
requiring the shipping, loading or unloading of animals, goods, wares or
merchandise, there shall be provided and maintained for the premises loading
facilities on land that is not patt of a street comprised ofone or more loading
spaces, 15 m long, 4 rn wide, and having a vertical clearance of at least 4 m
with direct access to a street or with access by a driveway of a minimum
width of 6 m to a street.
Part Ji~ General Del'C'!opment Standards
Page 20
(2)
The number of loading spaces to be provided shall be determined by the
Authority.
(3)
The loading facilities required by this Regulation shall be so arranged that
vehicles can manoeuvre clear of any street and so that it is not necessary for
any vehicle to reverse onto or from a street.
49. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or
the establishment of parks and playgrounds in any zones provided that such parks and
playgrounds are not located in areas which may be hazardous to their use and are not
operated for commercial purposes.
50. Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the owner or
occupier to provide adequate and suitable landscaping or screening; and for this
purpose may require the submission of an application giving details of the
landscaping or screening, and these Regulations shall then apply to that application.
The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit where, in the opinion of the Authority, the
landscaping or screening is desirable to preserve amenity, or protect the environment.
51. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the
provision of public services and public utilities if the use of that land is necessary to
the proper operation of the public service or public utility concerned provided that the
design and landscaping of any development of any land so used is, in the opinion of
the Authority, adequate to protect the character and appearance of the area.
52. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such
purpose, and to which automohiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
Part l/ General Deveiop11u:11t S"tandards
Page 21
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked,
and where a service station is located on a corner lot, the minimum distance
between an access and the intersection of street lines at the Junction shall be
10 metres and the lot line between entrances shall be clearly indicated.
53. Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the exposed
sides of every building in order to provide access for the maintenance of that
building.
54. Street Construction Standards
A new street may not be constructed except in accordance with and to the design nnd
specifications laid down by the Authority.
55. 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 patt of the
self-contained dwelling.
56. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved
to satisfy the yard and other allowances called for in the Use Zone in which it is
located and the allowances shall be retained when the adjacent land is developed.
57. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve. the erection of dwellings which are
designed to form part of a zero lot line development or other comprehensive layout
which does not, with the exception of dwelling unit t1oor area, meet the requirements
of the Use Zone Table in Schedule C, provided that the dwellings arc designed to
provide both privacy and reasonable access to natural daylight and the overall density
within the layout conforms to the regulations and standards set out in the Use Zone
Table apply where tl1e layout adjoins other development.
Part Ill~ Advertisen1e11ts
Page 22
PART III - ADVERTISEMENTS
58. Permit Required
Subject to the provisions of Regulation 63, no advertisement shall be erected or
displayed in the Planning Area unless a permit for the advertisement is first obtained
from the Authority.
59. Form of Application
Application for a permit to erect or display an advertisement shall be made to the
authority in accordance with Regulation 16.
60. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any
highway or street reservation.
61. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an
advertisement shall be for a limited period, not exceeding two years, but may be
renewed at the discretion of the Authority fo1· similar periods.
62. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the
removal of any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination, or
structural condition, or;
(b)
detrimental to the amenities of the surrounding area.
63. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area
without application to the Authority:
(a)
on a dwelling or within the curtilage of a dwelling, one nameplate not
exceeding 0.2 m2 in area;
(b)
on an agricultural holding or farm, a notice board not exceeding I m2 in area
and relating to the operations being conducted on the land;
( c)
on land used for forestry purposes, signs or notices not exceeding I m' in area
and relating to forestry operations or the location of logging operations
conducted on the land;
Part Ill· Advertisen1ents
Page 2.1
(d)
on land used for mining or quarrying operations, a notice board nol exceeding
I m2 in area relating to the operation conducted on tbe land;
(e)
on a dwelling or within the curtilage of a dwelling, one nameplate not
exceeding 0.2 rn2 in area in connection with the practice of a professional
person carried on in the premises;
(f)
on any site occupied by a church, school, library, art gallery, museum,
institution or cemetery, one notice board not exceeding 1 m2 in area;
(g)
on the principal facade of any commercial, industrial or public building, the
name of the building or the name of the occupants of the building, in letters
not exceeding one-tenth of the height of that facadc or 3 m, whichever is the
lesser;
(h)
on any parking lot directional signs and one sign not exceeding 1 m2 in size,
identifying the parking lot.
64. Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which
comply with the appropriate conditions and specifications set out in the Use Zone
Tables in Schedule C of these Regulations.
65. Non-Conforming Uses
Notwithstanding the provisions of Regulation 58, a permit may be used for the
erection or display of advertisements on a building or within the curtilage 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 Authority.
Part JV ~Subdivision t~f Land
Page 24
PART IV - SUBDIVISION OF LAND
66. Pem1it Required
No land in the Planning Area shall be subdivided unless a permit for the development
of the subdivision is first obtained from the Authority.
67. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Authority have been made in the application for a supply of
drinking water, a properly designed sewage disposal system, and a properly designed
storm drainage system.
68. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has
been reached for the payment of all fees levied by the Authority for connection to
services, utilities and streets deemed necessary for the proper development of the
subdivision, and all service levies and other charges imposed under Regulations I 2
and 13.
69 Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development
of a subdivision does not contribute to the orderly growth of the municipality and
does not demonstrate sound design principles. Jn considering an application, the
Authority shall, without limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
(d)
the land use, physical form and character of adjacent developments;
(e)
the transportation network and traffic densities affecting the site;
(t)
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;
Ul
prevailing winds:
(k)
visual quality;
Part JV Subdivision of Lund
Par;e 25
(1)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
70. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building
permit shall be obtained for each building proposed to be erected in the area of the
subdivision, and no building permit for any building in the area shall be issued until
the developer has complied with all the provisions of these Regulations with respect
to the development of the subdivision.
71. Form of Application
Application for a permit lo develop a subdivision shall be made to the Authority in
accordance with Regulation J 6.
72. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
73. Building Lines
The Authority may establish building lines for any subdivision street and require any
new building to be located on such building lines.
74. Land for Public Open Space
(I)
Before a development commences, the developer shall, if required, dedicate
to the Authority, at no cost to the Authority, an area of land equivalent to not
more than 10% of the gross area of the subdivision or 25 m2 for every
dwelling unit permitted in the subdivision, whichever is the greater, for
public open space, provided that:
(a)
where land is subdivided for any purpose other than residential use.
the Authority shall determine the percentage of land to be dedicated;
(b)
if, in the opinion of the Authority, no public open space is required,
the land may be used for such other public use as the Authority may
determine;
Part IV~ S11bdivisiu11 of l,1,uul
I'u.ge 26
(c)
the location and suitability of any land dedicated under the provisions
of this Regulation shall be subject to the approval of the Authority but
in any case, the Authority shall not accept land which. in its opinion
is incapable of development for any purpose;
(d)
the Authority may accept from the developer in lieu of such area or
areas ofland the payment of a sum of money equal to the value of the
land which would otherwise be required to be dedicated;
(e)
money received by the Authority in accordance with Regulation
74( I )(d) above, shall be reserved by the Authority for the purpose of
the acquisition or development of land for public open space or other
public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Authority and may be sold or leased by the Authority for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall be
applied against the cost of acquisition or development of any other land for
the purposes of public open space or other public purposes.
(3)
The Authority may require a strip of land to be reserved and remain
undeveloped along the banks of any river, brook or pond, and this land may,
at the discretion of the Authority, constitute the requirement of land for
public use under Regulation 74( I).
75. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive
the prior approval of the Authority which shall be satisfied on the question of safe
construction and relationship to the adjoining buildings and other structures within
the street reservation.
Part IV - Subdivision f~fLand
Page 27
76. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these
Regulations unless the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter of not
less than 30 m.
(c)
The maximum length of auy cul de sac shall be:
(i)
200m in areas served hy or planned to be served by municip<tl piped
water and sewer services, as shown in the map and letter of agreement
signed by the Municipality and the Minister of Municipal and
Provincial Affairs in connection with municipal five"year capital
works program eligibility.
(ii)
300m in areas not served by or planned to be served by municipal
piped water and sewer services.
( d)
Emergency vehicle access to a cul de sac shall be not less than 3 m wide and
shall connect the head of the cul de sac with an adjacent street.
(e)
No cul de sac shall be located so as to appear to terminate a collector street.
(f)
New subdivisions shall have street connections with an existing street or
streets.
(g)
All street intersections shall be constructed within 5° of a right angle and this
alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street
intersection.
(i)
No more than four streets shall join at any street intersection.
(j)
No residential street block shall be longer than 490 111 between street
intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with the
approved standards of the Authority, but in the absence of such standards,
shall conform to the following minimum standards:
Part IV~ S11l)dirii.1ion r~f f,ond
Page 28
Type of Street
Street
Pavem-
Sidewal
Sidewalk
Reservation
ent
k
Number
Width
Width
Arterial Streets
30m
15 m
1.5 m
discretion
of Council
Collector Streets
20m
15 m
1.5 m
2
Local Residential Streets:
where more than 50%
15 m
9m
1.5 m
1
of the units are single or
double dwellings;
where 50% or more of
20 m
9m
1.5 m
2
the units are row
houses or anartments.
Service Streets
15 m
9m
1.5 m
discretion
of Council
(I)
No lot intended for residential purposes shall have a depth exceeding
four times the frontage.
(m)
Residential lots shall not be permitted which abut a local street at both
front and rear lot lines.
(n)
The Authority may require any existing natural, historical or architec-
tural feature or part thereof to be retained when a subdivision is
developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
77. Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary
sewers, storm sewers and all appurtenances thereto and all streets,
paving, curbs, gutters and catch basins and all other utilities deemed
necessary by the Authority to service the area proposed to be devel-
oped or subdivided shall be designed and prepared by or approved by
the Engineer. Such designs and specifications shall, upon approval
by the Authority, be incorporated in the plan of subdivision.
(2)
Upon approval by the Authority of the proposed subdivision, the
Engineer shall certify all work of construction layout preliminary to the
construction of the works and thereupon the developer shall proceed
to the construction
Part IV Subdivision of Land
Page29
and installation, at his own cost and in accordance with the approved
designs and specifications and the construction layout certified by
the Engineer, of all such water mains, hydrants, sanitary sewers and
all appurtenances and of all such streets and other works deemed
necessary by the Authority to service the said area.
78. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges
for the preparation of designs and specifications and for the layout and
supervision of construction; such fees and charges being percentages of the
total cost of materials and labour for the construction and installation of all
works calculated in accordance with the Schedule of Fees recommended by
the Association of Professional Engineers of Newfoundland and in effect at
the time the work is carried out.
79. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins,
sidewalks and paving specified by the Authority as being necessary, may, at
the Authority's discretion, be deferred until a later stage of the work on the
development of the subdivision but the developer shall deposit with the
Authority before approval of his application, an amount estimated by the
Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the work of development, the
Authority 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 Authority the amount of the excess. If
the contract price is less than the deposit, the Authority shall refund the
amount by which the deposit exceeds the contract price. Any amount so
deposited with the Authority by the developer shall be placed in a separate
savings account in a bank and all interest earned thereon shall be credited to
the developer.
80. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land
and upon request of the Authority, transfer to the Authority, at no cost
to the Authority, and clear of all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided
which
Part IV - Subdivision of Land
Page 30
are approved and designated by the Authority 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 an storm drainage systems installed in
the subdivision that are normally owned and operated by the
Authority.
(2)
Before the Authority shall accept the transfer of lands, services or
public works of any subdivision, the Engineer shall, at the cost to the
developer, test the streets, services and public works installed in the
subdivision and certify his satisfaction with their installation.
(3)
The Authority shall not provide maintenance for any street, service or
public work in any subdivision until such time as such street, service
or public work has been transferred to and accepted by the Authority.
81. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for
the purposes of development and no building permit shall be issued until the
Authority is satisfied that:
(a)
the lot can be served with sat'1sfactory water supply and sewage
disposal systems, and;
(b)
satisfactory access to a street is provided for the lots.
82. Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of
building types and for landscaping in order to enhance the visual
aspects of the completed development and to make the most use of
existing topography and vegetation.
(2)
Building groupings, once approved by the Authority, shall not be
changed without written application to and subsequent approval of the
Authority.
Part V - Use Zones
Page 31
PART V - USE ZONES
83. 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 83(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
Authority may in its discretion, determine the standards, requirements
and conditions which shall apply.
84. 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 Authority in accordance
with the classification and examples set out in Schedule B.
85. 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 Authority in that Use Zone.
86. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use
Classes set out in the appropriate Use Zone Table in Schedule C may be
permitted in that Use Zone if the Authority is satisfied that the development
would not be contrary to the general intent and purpose of these
Regulations, the Municipal Plan, or any further scheme or plan or regulation
pursuant thereto, and to the public interest, and if the Authority has given
notice of the application in accordance with Regulation 22 and has
considered any objections or representations which may have been received
on the matter.
Part V · Use Zones
Page 32
87. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use
Classes set out in the appropriate Use Zone Tables in Schedule C, shall not
be permitted in that Use Zone.
Schedule A - Definitions
Page 1
SCHEDULE A
DEFINITIONS
ACCESS: A way, intended for use by vehicles, pedestrians or animals as a means
of going from a road, street or highway to land adjacent to it.
ACCESSORY BUILDING: A detached subordinate building not used for human
habitation, located on the same lot as the main building structure or use to which it
is accessory, the use of which is naturally or customarily incidental and comple-
mentary to the main use of the building, land or structure, and shall include:
(a)
in the case of residential uses: domestic garages, carports, ramps,
sheds, swimming pools, greenhouses, cold frames, fuel sheds,
vegetable storage cellars, shelters for domestic pets, or radio and
television antennae;
(b)
in the case of commercial uses: workshops or garages;
(c)
in the case of industrial uses: garages, offices, raised ramps and
docks.
ACT: The Urban and Rural Planning Act.
ADVERTISEMENT: Any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated 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: 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 tor woodlands where that use is ancillary to the
farming of land for any other purpose. "Agricultural" shall be construed accordingly.
Schedule A - Definitions
Page2
AMUSEMENT USE: 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: Any one of the following animals or groups of animals:
1 bull;
1 OOO 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: A building containing three or more dwelling units, but
does not include a row dwelling.
APPEAL BOARD: The appropriate Appeal Board established under the Act.
ARTERIAL STREET: 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.
BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BUILDING: Every structure, erection, excavation, alteration or improvement
whatsoever placed on, over or under land, or attached, anchored or moored to land,
and includes mobile structures, vehicles and marine vessels adapted or constructed
for residential, commercial, industrial and other like uses, and any part of a building
as so defined and any fixtures that form part of a building.
Schedule A - Definitions
Page3
BUILDING LINE: A line established by the Authority to set the horizontal distance
between the closest point of a building and the street line.
COLLECTOR STREET: 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: 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 Act.
DEVELOPMENT: The carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the
use, or the intensity of use of any land, buildings, or premise and without limiting the
generality of the foregoing, shall specifically include:
(a)
the making of an access onto a highway, road or way;
(b)
the erection of an advertisement or sign;
(c)
the parking of a trailer, or vehicle of any description used for the sale
of refreshments or merchandise, or as an office, or for living accom-
modation, for any period of time;
and shall exclude:
(d)
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;
(e)
the carrying out by a highway authority of any works required for the
maintenance or improvement of a road, being works carried out on
land within the boundaries of the road reservation;
(f)
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;
(g)
the use of any building or land within the curtilage of a dwelling house
for any purpose incidental to the enjoyment of the dwelling house as
such.
Schedule A - Definitions
Page 4
DIRECTOR: The Director of Urban and Rural Planning.
DOUBLE DWELLING: 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: A self-contained unit consisting of one or more habitable rooms
used or designed as the living quarters for one household.
ENGINEER: A professional engineer employed or retained by the Authority.
FAMILY AND GROUP CARE CENTRE: 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: The total area of all floors in a building measured to the outside
face of exterior walls.
FRONTAGE: The horizontal distance between side lot lines measured at the
building line.
FRONT YARD DEPTH: The distance between the front lot line of a lot and the front
wall of the main building on the lot.
GARAGE: A building erected for the storage of motor vehicles as an ancillary use to
a main building on the lot.
GENERAL INDUSTRY: The use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, packing, canning,
preparing, breaking up, demolishing, or treating any article, commodity or
substance. "Industry" shall be construed accordingly.
Schedule A - Definitions
Page5
GENERAL GARAGE: Land or buildings used exclusively for repair, maintenance
and storage of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY: The use of land or buildings for industrial purposes
involving the use of materials or processes which because of their inherent
characteristics, constitute a special fire, explosion, radiation or other hazard.
INSPECTOR: Any person appointed and engaged as an Inspector by the Authority
or by any federal or provincial authority or the agent thereof.
INSTITUTION: 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.
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: 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: 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: A dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
LOT: Any plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building.
Schedule A - Definitions
Page 6
LOT COVERAGE: The combined area of all buildings on the lot measured at the
level of the lowest floor above the established grade expressed as a percentage of
the total area of the lot.
LOT AREA: The total horizonal area within the lot lines of the lot.
MINERAL WORKING: Land or buildings used for the working or extraction of any
naturally occurring substance.
MOBILE HOME: A transportable factory-built single family dwelling unit:
(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 Municipal 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 Authority,
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: A mobile home development under single or joint
ownersh'1p, cared for and controlled by a mobile home park operator where
individual mobile home lots are rented or leased with or without mobile home units
placed on 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 Authority.
MOBILE HOME SUBDIVISION: 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
Schedule A - Definitions
Page 7
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 Authority.
OWNER: Any person, firm or corporation controlling the property under consider-
ation.
PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working.
REAR YARD DEPTH: The distance between the rear lot line and the rear wall of
the main building on the lot.
RESTAURANT: A building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with meals or refreshments
for consumption on the premises.
ROW DWELLING: Three or more dwelling units at ground level in one building,
each unit separated vertically from the others.
SEASONAL RESIDENCE: A dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
SERVICE STATION: Any land or building used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of
motor vehicles.
SERVICE STREET: A street constructed parallel to or close to another street for the
purpose of limiting direct access to that street.
SHOP: 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.
Schedule A Definitions
Page 8
SHOPPING CENTRE: A group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing a
minimum of 5 retail establishments.
SIDEYARD WIDTH: The distance between a side lot line and the nearest side wall
of any building on the lot.
SHOWROOM: 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.
STREET: Any street, road or highway or any other way designed or intended for
public use for the passage of vehicles and pedestrians, owned by the Authority or
other public agency and maintained at public expense, and is accessible to Fire
Department vehicles and equipment.
STREET LINE: The edge of a street, road or highway reservation as defined by the
authority having jurisdiction.
SUBDIVISION: The dividing of any land, whether in single or joint ownership, into
two or more pieces for the purpose of development.
SUBSIDIARY APARTMENT: A separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
TAKE-OUT FOOD SERVICE: A building in which the primary purpose is the
preparation and sale of meals or refreshments for consumption off the premises.
TAVERN: Includes a nightclub and means a building licensed or licensable under
the L'lquor Control Act wherein meals and food may be seNed for consumption on
the premises and in which entertainment may be provided.
USE ZONE or ZONE: An area of land including buildings and water designated on
the Zoning Map to which the uses, standards and conditions of a particular Use
Zone Table in Schedule C of the Regulations relate.
ZONING MAP: The map or maps attached to and forming part of the Regulations.
Schedule 8
Page 1
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
NOTE: The classification of uses set out in the following table is based on the Classification of
Typical Occupancies included as Table 3.1.2.A of the National Building Code of
Canada, 1980. This classification is referred to in Regulation 84.
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
1. Assembly Uses for
(a) Theatre
Motion Picture Theatres
USES
the production
T.V. Studios admitting an
and viewing of
audience.
the performing
arts.
2. General Assembly
(a) Cultural
Libraries
Uses
and Civic
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(b) General
Community Halls
Assembly
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowlina Allevs
(c) Educational
Schools
Colleges
(non- residential\
(d) Place of
Churches and similar
Worship
places of worship.
Church Halls
(e) Passenger
Passenger Terminals
Assemblv
(f) Club and
Private Clubs and
Lodae
Lodaes (non-residential\
(g) Catering
Restaurants
Bars
Lounnes
(h) Funeral
Funeral Homes and
Home
Chaoels
Ii\ Child Care
Dav Care Centres
(i) Amusement
Electronic Games
Arcades
Pinball Parlours
Poolrooms
Schedule B
Page2
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
3. Arena-type Uses
(a) Indoor
Arenas
USES
Assembly
Armouries
(continued)
Ice Rinks
Indoor Swimming
Pools
4. Open-air Assembly Uses
(a) Outdoor
Bleachers
Assembly
Grand stands
Outdoor Ice Rinks
and Swimming
Pools
Amusement Parks
and Fair-grounds
Exhibition
Grounds
Drive-in Theatres
B. INSTITU-
1. Penal and Correctional
(a) Penal and
Jails
TIONAL
Institutional Uses
Correctional
Penitentiaries
USES
Detention
Police Stations
(with detention
quarters)
Prisons
Psychiatric
Hospitals (wit11
detention quarters)
Reformatories
2. Special Care
(a) Medical
Children's Hornes
Institutional Uses
Treatment
Convalescent Hornes
and Special
Hornes for Aged
Care
Hospitals
Infirmaries
Orphanages
Psychiatric
Hospitals
Sanatoria
C. RESIDENTIAL
1. Residential
(a) Single
Single Detached
USES
Dwelling
Dwelling
Dwellings
Uses
Family & Group
Hornes
(b) Double
Semi-detached
Dwelling
Dwelling
Duplex Dwellings
Family & Group
Hornes
(c) Row
Row Houses
Dwelling
Town Houses
Family & Group
Hornes
(d) Apartment
Apartrn ents
Building
Family & Group
Hornes
Schedule B
Page3
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDENTIAL
2. General Residential Uses
(a) Collective
Residential
USES
(continued)
Residential
Colleges &
(continued)
Schools
University &
College Halls
of Residence
Convents & Monasteries
Nurses and
Hosoital Residences
(b) Boarding
Boarding Houses
House
Lodging Houses
Residential
(c) Commercial
Hotels & Motels
Residential
Hostels
Residential Clubs
(d) Seasonal
Summer Homes &
Residential
Cabins
Hunting & Fishing
Cabins
(e) Mobile
Mobile Homes
Homes
D. BUSINESS
1. Business, Professional,
(a) Office
Offices (including
& PERSONAL
and
Government
SERVICE
Personal Service Uses
Offices)
USES
Banks
(b) Medical &
Medical Offices
Professional
and Consulting
Rooms
Dental Offices &
Surgeries
Legal Offices
Similar Professional
Offices
(c) Personal
Barbers
Service
Hairdressers
Beauty Parlours
Small Appliance
Repairs
(d) General
Self-service
Service
Laundries
Dry Cleaners (not
using flammable
or explosive
substances)
Small Tool and
Appliance
Rentals
Travel Agents
Sclledule B
Page4
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
1 . Business,
(e) Communications
Radio Stations
PERSONAL
Professional
Telephone
SERVICE
& Personal
Exchanges
USES
Service Uses
(continued)
(continued)
(f) Police
Police Stations
Station
without
detent'1on
quarters
(a\ Taxi Stand
Taxi Stands
(h) Take-out
Take-out Food
Food Service
Service
(i) Veterinary
Veterinary
Surgeries
E. MERCANTILE
1 . Retail Sale and
(a) Shopping
Shopping Centres
USES
Display Uses
Centre
(b) Shop
Retail Shops and
Stores and
Showrooms
Department
Stores
(c) Indoor
Market Halls
Market
Auction Halls
(d) Outdoor
Market Grounds
Market
Animal Markets
Produce and
Fruit Stands
Fish Stalls
(e) Convenience
Confectionary
Store
Stores
Corner Stores
Gift Shops
Specialty Shops
F. INDUSTRIAL
1. Industrial uses involv'ing
(a) Hazardous
Bulk Storage of
USES
highly combustible and
Industry
hazardous
hazardous substances
liquids and sub-
and
stances.
processes.
Chemical Plants
Distilleries
Feed Mills
Lacquer, Mattress,
Paint, Varnish,
and Rubber
Factories
Spray Painting
Schedule B
Pages
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
2. General
(a) General
Factories
USES
Industrial
Industry
Cold Storage
(continued)
Uses involving
Plants
Limited
Freight Depots
Hazardous
General Garages
Substances and
Warehouses
Processes.
Workshops
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
(b) Service
Gasoline Service
Station
Stations
Gas Bars
3. Light, Non·
(a) Light
Light Industry
hazardous or
Industry
Parking Garages
Non-intrusive
Indoor Storage
Industrial Uses.
Warehouses
Workshoos
G. NON-
1. Uses not directly
(a) Agriculture
Commercial Farms
BUILDING
related to
Hobby Farms
USES
building
Market Gardens
& Nurseries
(b) Forestry
Tree Nurseries
Silviculture
(c) Mineral
Quarries
Working
Pits
Mines
Oil Wells
(d) Recreational Open
Playing Fields
Space
Sports Grounds
Parks
Plavorounds
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural,
Historical and
Scenic Sites
Steep Slopes
Wildlife
Sanctuaries
(f) Cemetery
Cemeteries
Gravevards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
Schedule B
Page 6
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G. NON-
1. Uses not directly
(h) Solid Waste
Solid Waste
BUILDING
related to building.
Disposal
USES
(continued)
Sanitary Land Fill
(continued)
Incinerators
(i) Animal
Animal Pounds
Kennels
Zoos
(j) Antenna
TV, Radio and
Communications
Transmitting and
Receiving Masts
and Antennae
(k) Transportation
Airfields
Railway Yards
Docks and Harbours
Schedule D
Page 1
SCHEDULED
OFF-STREET PARKING REQUIREMENTS
1.
The offstreet parking requirements for uses in the various use classes set out in
Schedule B shall be as set out in the following table.
2.
In the case of developments including uses in more than one use class, these
standards shall be regarded as cumulative.
3.
Adequate offstreet provision for drop-off and pick-up of persons shall be provided in
developments where required, such as uses within the educations, passenger
assembly, child care, medical treatment and special care, commercial residential
and take-out food service use classes.
G
D
R
I
0
v
u
I
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
p
s
I
0
N
A
1
(a) Theatre
One soace for everv 5 seats.
2
(a) Cultural and
One space for every 50 square metres of gross floor areas.
Civic
(b) General
One space for every 10 square metres of gross floor area.
Assemblv
(c) Educational
Schools 2 spaces for every class-
room.
Further education - 1 space for every 5 persons using the facil-
ities (students, facultv and staff).
(d) Place of
One space for every 5 seats.
Worship
(e) Passenger
As specified by the Authority.
Assemblv
(f) Club and
One space for every 3 persons that may be accommodated at
Lodqe
one time.
(g) Catering
One space for every 3 customers that may be accommodated
at one time.
(h) Funeral Home
One space for everv 1 O sauare metres of aross floor area.
Ii) Child Care
One soace for everv 20 sauare metres of aross floor area.
(i) Amusement
One space for every 1 O square metres of moss floor area.
3
(a) Indoor
One space for every 10 spectators that may be accommodated
Assembly
at one time.
4
(a) Outdoor
As specified by the Authority.
Assembly
B
1
(a) Penal and
As specified by the Authority.
Correctional
Detention
c
2
(a) Medical
One space for every 2 patients.
Treatment
and Special
Care
1
(a) Single
Two spaces for every dwelling unit.
DwellinQ
(b) Double
Two spaces for every dwelling unit
Dwellino
rcl Row Dwellina
Two soaces for everv dwellina unit.
(d) Apartment
Three spaces for every 2-dwelling units.
Building
G
D
R
I
0
v
u
I
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
p
s
I
0
N
2
(a) Collective
As specified by the Authority.
Residential
(b) Commercial
One space for every guest room.
Residential
(c) Seasonal
One space for every residential unit.
Residential
(d) Mobile Home
Two spaces for every dwelling unit.
D
1
la) Office
One soace for everv 20 sauare metres of aross floor area.
(b) Medical and
One space for every 20 square metres of gross floor area.
Professional
(c) Personal
One space for every 20 square metres of gross floor area.
Service
(d) General
One space for every 20 square metres of gross floor area.
Service
(e) Communi-
As specified by the Authority.
cations
(f) Police
As specified by the Authority.
Station
In\ Taxi Stand
As soecified bv the Authoritv.
(h) Take-out
One space for every 20 square metres of gross floor area.
Food Service
(i) Veterinarv
One soace for everv 20 sauare metres of aross floor area.
E
1
(a) Shopping
One space for every 15 square metres of gross floor area,
Centre
lbl Shoo
One soace for everv 20 square metres of gross floor area.
(c) Indoor
As specified by the Authority.
Market
(d) Outdoor
As specified by the Authority.
Market
(e) Convenience
One space for every 20 square metres of gross floor area.
Stores
F
1
(a) Hazardous
One space ror every employee.
Industry
2
(a) General
One space for every employee.
Industry
(b) Service
One space for every 20 square metres of gross floor area.
Station
3
(a) Light
One space for every employee.
Industry
RELATIONSHIP BETWEEN CLASSIFICATION OF USE AND USE ZONE TABL~S
1,
I I
I I USE CLASSES
I 11 I
I 1
1
I
I
Correctional
Residential High Density
I I
Residential Infilling
I I Mixed Development
Commercial
Commerc:
'
' ,,
Industrial - Light
I I
Educational
I I lnstitutionc:i.1
I 11
I
I I I I I I I
11
I 1 I I I I
.,,,,.,;, -- t 1~1"1'!"l'1 I I I I
I I
I I
I
I
I I
I
I
I
I Solid Waste/Scrap
Mineral Workings
I I
Agric. /Forestry
I I Seasona 1
I I I I
Conservatton
I I l'
1la
1
ASSE!o!BLY USES
Theatre
Cultu.ral & Civil
General Assembly
Educational
Place of Worship
Passenger Assembly
Club &
Catering
Funeral Home
Child Care
Amusement
Indoor Assembly
Outdoor Assembly
INSTITUTIONAL USES
Penal &
Correc::t~
ionBl Detention
Medical Treatment
& Spe
Care
RESIDENTIAL USES
Single Dwelling
Double Dwelling
Row Dwcll.i ng
Apartment BuiJding
Collective -
rtesidential
House
Residential
Commercial
Fe.sidential
Seri.sonal
Residential
M0bile Hollll?
RELATIONSHIP BETW&EN CLASSIFICATION OF USE AND USE ZONE TABLES
I
I 11
I
I
BUSINESS & PERSONAL
SERVICE USES
Office
Medical &
Professional
Personal Services
Communications
Police Sta_tion
Tnxi Stand
Take-Out F'ood svs.
Veterinary
MERCANTILE USES
Shopping Centre
Shop
Indoor Market
Outdoox: Market
Convenience Store
INDUSTRIAL USES
Hazardous Industry
General Industry
Service Station
Light Industry
I
USE ZONES
Residential Low_ D~nsity
I I I I I I
I I I I I
Mineral \i~'orkinq.<:;
I I
Agric. /Forestry
I I Seasonal
NON BUILDING USES
Agriculture
E'or,:-stry
Mineral Working
Recreational -·
Op(:n Space
Conservation
Cemetery
Scrap Yard
.Solid Waste
Animal
Antenna
'I'ransportation
NOTE:
SCHEDULE "C"
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 purpose of these
Regulations. The tables also indicate the required standards of development
and may also include conditions affecting some or all of the use classes.
The schedule contains tables for the following Use Zones:
Mixed Development ..................................... .
Commercial ............................................ .
Industrial
Education
1
4
6
8
Rural & Resource . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
Comprehensive Development Area . . . . . . . . . . . . . . . . . . . . . . . . . .
15
Environmental Protection
Recreational Open Space
16
17
Schedule C
Page 1
USE ZONE TABLE
ZONE TITLE
MIXED DEVELOPMENT (MD)
(MAIN BROOK)
PERMITTED USE CLASSES - (see Regulation 85)
All use classes within the residential dwelling uses division, recreation
open space.
DISCRETIONARY USE CLASSES· (see Regulations 22 and 86)
All use classes in the general assembly division, all use classes in the business or personal services use
group, all use classes in the mercantile group, serviee station, light industry, eemetery, antenna.
CONDITIONS
1.
Development Standards
Lot area (minimum)
One service ...................... .
Both Services ..................... .
Frontage (minimum) ...................................... .
1400 m2
450 m2
15 m
6m
Building Line Setback (minimum) ............................. .
Sideyard Width (minimum) ................................. .
Rearyard Depth (minimum) .................................. .
Lot Coverage (maximum) .................................. .
Height (maximum) ......................................... .
2.
Discretionary Use Classes
1.5 m
9m
30%
8m
(i)
The discretionary use classes listed in this table may be permitted at the
discretion of the Authority 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.
(ii)
Lounges may only be permitted in conjunction with a commercial residential
use.
(iii)
Maximum floor area of a non-residential dwelling use shall be 200 m-.
3.
Accessory Buildings
Accessory buildings shall have a maximum total lot coverage of 7% or an area of
5.5 m2 whichever is the lesser and a maximum height of 3.5 metres. Accessory
buildings shall be located in the rearyard or sideyard and shall be a minimum of 3
metres from the nearest part of a main building and a minimum of 1 metre from a
side and rear lot line.
Schedule C
Page 2
Conditions for Mixed Development (cont'd)
4.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming use
in this use zone, shall be as follows:
(i)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(ii)
No advertisement shall exceed 5 square metres in area.
5.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any
site, relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(i)
Each advertisement shall not exceed three square metres in area.
(ii)
When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature
of the distance or direction to the premises to which they relate.
(iii)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, 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.
6.
Municipal Services
Development shall be connected to municipal water and sewer services where
available. The frontage of each lot shall be on a publicly owned and maintained
street and access to the lot must be obtained from this street.
7.
Front Wall
The front wall of a single dwelling shall be parallel to the street it faces.
8.
Height
"Height" means the height of a building measured as the vertical distance between
the ground level and
(a)
the highest point of the roof surface of a flat roof;
(b)
the deck line of a mansard roof;
(c)
the median level between eaves and ridge of a gable, gambrel or hip roof.
Schedule C
Page 3
Conditions for Mixed Development (cont'd)
Where the ground level of a lot occupied by a building varies, the Authority shall
determine the ground level for the purpose of determining height.
9.
Effects of Non-Residential Uses on Adjacent Residential Land
Non-residential development shall be located and designed to minimize the effect of
traffic, noise, signs, and lighting on adjacent residential areas.
Council may refuse a non-residential development that may compromise amenity or
safety of a residential use.
I 0.
Screening & Buffers
The Authority may require the provision of buffers or adequate screening between
non-residential uses and adjacent residential uses in order to protect dwellings from
noise, light, traffic, fumes, and unsightliness of development.
11.
Catering
Catering is limited to restaurants only.
Schedule C
Page 4
USE ZONE TABLE
ZONE TITLE
COMMERCIAL (COMM)
(MAIN BROOK)
PERMITIED USE CLASSES - (see Regulation 85)
Service station, commercial residential, catering, shop, passenger assembly, communications, general
service, antenna.
DISCRETIONARY USE CLASSES· (see Regulations 22 and 86)
Take-out food service, recreational open space, personal service, indoor market,outdoor market.
CONDITIONS
1.
Development Standards
Lot area (minimum)
One service ...................... .
Both Services ..................... .
Frontage (minimum) ...................................... .
Building Line Setback (minimum) ............................. .
Sideyard Width (minimum) .................................. .
Rearyard Depth (minimum) ................................. .
Height (maximum) ........................................ .
2.
Discretionary Use Classes
1400 m2
450 m2
15 m
6m
Sm
lOm
lOm
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority 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.
3.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming use
in this use zone, shall be as follows:
(i)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(ii)
No advertisement shall exceed 5 square metres in area.
4.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any
site, relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(i)
Each advertisement shall not exceed three square metres in area.
Schedule C
Page 5
Conditions for Commercial Development (cont'd)
(ii)
When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature
of the distance or direction to the premises to which they relate.
(iii)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
5.
Access
The Authority may determine the location and number of accesses for a use.
6.
Height
"Height" means the height of a building measured as the vertical distance between
the ground level and
(a)
the highest point of the roof surface of a flat roof;
(b)
the deck line of a mansard roof;
(c)
the median level between eaves and ridge of a gable, gambrel or hip roof.
Where the ground level of a lot occupied by a building varies, the Authority shall
determine the ground level for the purpose of determining height.
7.
Municipal Services
Development shall be connected to municipal water and sewer services where
available. The frontage of each lot shall be on a publicly owned and maintained
street and access to the lot must be obtained from this street.
Schedv.le C
Page 6
USE ZONE TABLE
ZONE TITLE
INDUSTRIAL (IND)
(MAIN BROOK)
PERMITTED USE CLASSES - (see Regulation 85)
General industry, light industry, transportation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Hazardous Industry, communications.
CONDITIONS
1.
Development Standards
(i)
Minimum Building Line Setback . . . . . . . . . . . . . . . . . . . . . . . . 6 metres
(ii)
Minimum Sideyard Width . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 metres
(iii)
Minimum Rearyard Depth . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 metres
(iv)
Maximum Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 metres
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming use
in this use zone, shall be as follows:
(i)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area
(ii)
No advertisement shall exceed 5 square metres in area.
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any
site, relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(i)
Each advertisement shall not exceed three square metres in area.
(ii)
When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature
of the distance or direction to the premises to which they relate.
Schedule C
Page 7
Conditions for Industrial Development (cont'd)
(iii)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
4.
Municipal Services
Industrial development shall not be permitted in this zone unless adequate services
and fire-fighting capability designed to meet the needs of the particular industrial
uses permitted, are available.
5.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority 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.
6.
Buffer/Screens
The Authority may require the provision of buffers or screens between industrial uses
and incompatible uses in order to protect the existing or planned developments from
noise, light, traffic, fumes and unsightliness.
Schedule C
Page 8
USE ZONE TABLE
ZONE TITLE
EDUCATIONAL (ED)
(MAIN BROOK)
PERMITTED USE CLASSES - (see Regulation 85)
Educational, recreational open space.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Antenna.
CONDITIONS
1.
Development Standards
2.
The development standards for this zone shall be as follows:
(i)
Minimum Building Line Setback
10 metres
(ii)
Minimum Sideyard Width
5 metres
(iii)
Minimum Rearyard Depth
15 metres
(iv)
Maximum Height
15 metres
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on
any Jot or site occupied by a use permitted or existing as a legal non-conforming use
in this use zone, shall be as follows:
(i)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(ii)
No advertisement shall exceed 5 square metres in area.
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any
site, relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(i)
Each advertisement shall not exceed three square metres in area.
(ii)
When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature
of the distance or direction to the premises to which they relate.
Schedule C
Page 9
Conditions for Educational (cont'd)
(iii)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and aligrunent of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
4.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority 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.
5.
Municipal Sen>ices
Development shall be connected to municipal water and sewer services where
available. The frontage of each lot shall be on a publicly owned and maintained
street and access to the lot must be obtained from this street.
Schedule C
Page 10
USE ZONE TABLE
ZONE TITLE
RURAL & RESOURCE (RR)
(MAIN BROOK)
PERMITTED USE CLASSES - (see Regulation 85)
Forestry, agriculture, recreation open space, transportation, antenna.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Outdoor assembly, hawrdous industry, general industry, solid waste, catering, commercial residential,
convenience store, residential, and mineral working.
CONDITIONS
1.
Development Standards
(i) Building Line Setback on Route
432 (West of Salmon River Bridge)
(minimum) ............................................. 60 m
(ii) Building Line Setback on other streets (minimum) . . . . . . . . . . . . . . . 10 m
(iii) Frontage (minimum) ...................................... 30 m
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming use
in this use zone, shall be as follows:
(i)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of the Authority, having
regard to the safety and convenience of users of adjacent streets and
sidewalks, and the general amenities of the surrounding area.
(ii)
No advertisement shall exceed 5 square metres in area.
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any
site, relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(i)
Each advertisement shall not exceed three square metres in area.
(ii)
When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature
of the distance or direction to the premises to which they relate.
(iii)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, 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.
Schedule C
Page 11
Conditions for Rural & Resource (cont'd)
4.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority 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.
(i)
A catering use shall be limited to a restaurant and allowed only in conjunction
with a commercial residential use.
(ii)
Commercial residential shall be limited to tourist cabins.
(iii)
A convenience store will only be permitted in conjunction with a tourist
camping park or a commercial residential use.
5.
Residential
With respect to the Agriculture Use Class, the following conditions shall apply:
(i)
A single dwelling is permitted where an onsite residence is necessary to the
successful operation of the agriculture use.
(ii)
Minimum lot size for an agriculture use with a subsidiary single dwelling shall
be 2 hectares.
6.
Industrial
With respect to general industry or hazardous industry use classes, the following
conditions shall apply:
( i)
the proposed use is unsuitable for location in the urbanized areas because of
extensive land requirements or outdoor storage;
(ii)
the use will not require municipal water and sewer services;
(iii)
where the Authority deems it necessary, the site shall be screened from all
public roads and the built up-area, and all uses within the zone or adjacent
zones;
(iv)
the site can be developed and the use carried out without negative impact on
the environment and amenities of the community, including water courses and
ponds.
Schedule C
Page 12
Conditions for Rural & Resource (c011t'd)
7.
Mineral Workings and Solid Waste
(i)
Separation from Adjacent Uses
From Existing or proposed
Residential Development
Any other developed area or area
likely to be developed during the
life of the pit or quarry working
Public highway or street
Waterbody or watercourse
(ii)
Water Pollution
Minimum Distance of
Pit or Quarry Working
300 metres
150 metres
90 metres
50 metres
No mineral working or associated storm or sanitary drainage shall unaccept-
ably reduce the quality of water in any waterbody or watercourse. Any access
road to a pit or quarry working which crosses a brook or stream shall be
bridged or culverted at the crossing in accordance with the Regulations of the
Department of Environment and Lands.
(iii)
Water Ponding
No mineral working shall result in the excavation of areas below the level of
the water table nor in any way cause the accumulation of ponding of water in
any part of the site. Settling ponds may be permitted with the approval of the
Department of Environment and Lands.
(iv)
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion
of adjacent land.
(v)
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and
abandoned equipment and any derelict buildings.
(vi)
Access Roads
During extended periods of shutdown, access roads to a mineral working shall
be ditched or barred to the satisfaction of the Authority.
Schedule C
Page 13
Conditions for Rural & Resource (cont'd)
(vii) 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.
(viii) Operating Plant and Associated Processing and Manufacturing
The Authority may permit processing and manufacturing use associated with
mineral workings provided that, in the opinion of the Authority, the use does
not create a nuisance nor is liable to become a nuisance or offensive by the
creation of noise or vibration, or by reason of the emission of fumes, dust,
dirt, objectionable odour, or by reason of unsightly storage of materials.
(xi)
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.
(x)
The Authority may specify a minimum separation distance between operating
plant or associated processing and manufacturing structure or equipment and
adjacent developed areas likely to be developed during the life of the mineral
working.
(xi)
Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried
out by the operation;
(a)
All buildings, 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 respread over the entire
quarried area.
(d)
The access road to the working shall be ditched or barred to the
satisfaction of the Authority.
(xii) If the mineral working contains reserves of material sufficient to support
further extraction operations, the Authority may require the work described
above to be carried out only in areas of the site where extraction has depleted
aggregate reserves.
(xiii) Screening for Mineral Workings or Solid Waste
A solid waste, or mineral working shall be screened in the following manner
where it is visible from a public street or highway, developed area, or area
likely to be developed during the life of the use:
Schedule C
Page 14
Conditions for Rural & Resource (cont'd)
(a)
Where tree screens exist between the use and adjacent 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 surrounding 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 Authority may require new trees of a minimum height of 1 metre be
planted to fill in the areas affected to the satisfaction of the Authority.
(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 use from adjacent uses (excepting forestry
and agriculture), or adjacent streets. The berms shall be landscaped to the
Authority's satisfaction.
(c)
Where natural topography creates a visual screen between a solid waste
storage or disposal site and adjacent streets or other land use (excepting
forestry and agriculture), additional screening may not be required.
8.
Fencing for Mineral Workings, or Solid Waste
The Authority may require the mineral working site or excavated areas of a pit or
quarry working, scrapyard, or disposal site to be enclosed by a fence designed and
constructed to its specifications and no less than 1.8 metres in height.
9.
Solid Waste Buffer
All development within the Rural & Resource designation and located within 1.6 km
of the solid waste site shall be referred to the Department of Environment & Lands
for recommendation.
Schedule C
Page 15
USE ZONE TABLE
WNETITLE
COMPREHENSIVE DEVELOPMENT AREA (CDA)
(MAIN BROOK)
PERMITIED USE CLASSES - (see Regulation 85)
Conservation
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
None
CONDITIONS
Residential Development in the Comprehensive Development Area
Development within the CDA zone will not be permitted until an overall plan for the
development of the area has been prepared and approved by Council. Standards set out
in Part IV (Subdivision of Land) in these regulations shall apply to proposed development
in the CDA. A Municipal Plan and Development Regulations amendment will be necessary
before residential development proceeds in the CDA.
Schedule C
Page 16
USE ZONE TABLE
ZONE TITLE
ENVIRONMENTAL PROTECTION (EP)
(MAIN BROOK)
PERMITTED USE CLASSES - (see Regulation 85)
Conservation
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
None
CONDITIONS
None
Schedule C
Page 17
USE ZONE TABLE
ZONE TITLE
RECREATIONAL OPEN SPACE (ROS)
(MAIN BROOK)
PERMITTED USE CLASSES - (see Regulation 85)
Recreational open space, conservation, outdoor assembly.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Take-out food service, outdoor market, seasonal residential.
CONDITIONS
1.
Development Standards
(i)
Building Line Setback (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . 8 m
(ii)
Sideyard Width (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 m
(iii)
Rearyard Depth (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 m
(iv)
Height (maximum) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 m
2.
Discretionary Use Classes
(i)
The discretionary use classes listed in this table may be permitted at the
discretion of the Authority 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.
(ii)
Take-out food service and outdoor market shall be limited to serving patrons
of the permitted use class during operation of the facility.
(iii)
Seasonal residential shall be limited to cabins within the municipal park
solely for the purpose of catering to patrons during the tourist season.
3.
Environmentally Sensitive/Hazardous Areas
Areas that are environmentally sensitive or hazardous to development shall be
excluded from building related developments.
Schedule D
Page 1
SCHEDULED
OFF-STREET PARKING REQUIREMENTS
1.
The offstreet parking requirements for uses in the various use classes set out in
Schedule B shall be as set out in the following table.
2.
In the case of developments including uses in more than one use class, these stand-
ards shall be regarded as cumulative.
3.
Adequate offstreet provision for drop-off and pick-up of persons shall be provided in
developments where required, such as uses within the educations, passenger assembly,
child care, medical treatment and special care, commercial residential and take-out
food service use classes.
G
D
R
I
0
v
u
I
ClASS
MINIMUM OFF-sTR.EET PARKING REQUIREMENT
p
s
I
0
N
A
1
(a) Theatre
One space for every 5 seats.
2
(a) Cultural and
One space for every SO square metres of gross fioor areas.
Civic
(b) General
One space for every 10 square metres of gross floor area.
Assembly
(c) Educational
Schools - 2 spaces for every class-
room.
Further education - 1 space for every 5 persons using the facil-
ities (students, faculty and staff).
(d) Place of
One space for every 5 seats.
Worship
(e) Passenger
As specified by the Authority.
Assembly
(f) Club and
One space for every 3 persons that may be accommodated at one
Lodge
time.
(g) Catering
One space for every 3 customers that may be accommodated at
one time.
(h) Funeral Home
One space for every 10 square metres of gross floor area.
(i) Child Care
One space for every 20 square metres of gross floor area.
(j) Amusement
One space for every 10 square metres of gross floor area.
3
(a) Indoor
One space for every 10 spectators that may be accommodated at
Assembly
one time.
4
(a) Outdoor
As specified by the Authority.
Assembly
B
1
(a) Penal and
As specified by the Authority.
Correctional
Detention
c
2
(a) Medical
One space for every 2 patients.
Treatment
and Special
Care
1
(a) Single
Two spaces for every dwelling Unit.
Dwelling
(b) Double
Two spaces for every dwelling unit.
Dwelling
(c) Row Dwelling
Two spaces for every dwelling unit.
G
D
R
I
0
v
u
I
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
p
s
I
0
N
( d) Apartment
Tbree spa= for every 2-dwclling units.
Building
2
(a) Collective
As specified by the Authority.
Residential
(b) Commercial
One space for every guest room.
Residential
(c) Seasonal
One space for every residential unit.
Residential
(d) Mobile Home
Two spaces for every dwelling unit.
D
1
(a) Office
One space for every 20 square metres of gross Door area.
(b) Medical and
One space for every 20 square metres of gross Door area.
Professional
(c) Personal
One space for every 20 square metres of gross Door area.
Service
( d) Gcneral
One space for every 20 square metres of gross Door area.
Service
( e) Comm uni-
As specified by the Authority.
cations
(t) Police
As specified by the Authority.
Station
(g) Ta:xi Sta11d
As specified by the Authority.
(h) Take-out
One space for every 20 square metres of gross Door area.
Food Service
(i) Veterinary
One space for every 20 square metres of gross Door area.
E
1
(a) Shopping
011c space for every 15 square metres of gross Door area.
Centre
(b) Shop
One space for every 2ll square metres of gross Door area.
(c) Indoor
As specified by the Authority.
Market
(d) Outdoor
As specified by the Authority.
Market
( e) Convellience
One space for every 20 square metres of gross Door area.
Stores
F
1
(a) Hazardous
One space for every employee.
Industry
2
(a) General
One space for every employee.
Industry
(b) Service
One space for every 20 square metres of gross Door area.
Station
3
(a) Light
One space for every employee.
Industry
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LAND USE ZONING
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LEGEND
mlil! PLANNING AREA
BOUNDARY
EP ENVIRONMENTAL
PROTECTION
RR RURAL & RESOURCE
1:50,000