Town of Makkovik Development Regulations
Makkovik, Newfoundland and Labrador
· adopted 2008-01-11
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TOWN OF MAKKOVIK
[)EVELOPMENT REGULATIONS
MPORTANT: To see if there were any changes to
this plan since it came into effect, please refer to:
List of Development Regulation Amendments
MAKKOVIK INUIT COMMUNITY
GOVERNMENT
Land Use Zoning, Subdivision
& Advertisement Regulations
(Development Regulations)
prepared for:
Makkovik. Inuit Community Government
prepared by:
D.W. Knight Associates
Tourism and Cultural Industries and Planning Consultants
RESOLUTION TO APPROVE
MAKKOVJK DEVELOPMENT REGULATIONS
Under the authority of Section 35 of the Urban and Rural Planning Act 2000, the
Makkovik Inuit Community Government:
a) adopted the Development Regulations on the 9th day of November, 2005.
b) gave notice of said adoption by advertisement inserted on the 29
1
h day of January 2007
and the 51h day of February, 2007 in the Labradorian newspaper.
c) set the 15'h day of February, 2007 at 7:00 p.m. at the Makkovik Community Hall for the
holding of a public hearing to consider objections and submissions.
Now under Section 35 of the Urban and Rural Planning Act 2000, the Makkovik Inuit
Community Government approves the Makkovik Development Regulations as amended
as follows:
-
Adding National Building Code to the section entitled "Municipal Code and
Regulations" on page 6.
-
Rezoning land beyond the church to Indian Head from Mixed Development to
Residential.
-
Rezoning land at the Hebron end of the community from Mixed Development to
Residential.
-
Amending section 41 to indicate that the front lot line starts at the ditch along a
road.
-
Edit the Development Regulations as recommended by Commissioner Joan
Anderson.
Signed and sealed this 22l't)day of fl-rof3EJ< , 2007.
Clerk:
Number~'.,,;;;:'~· ·--~~l -C::C::, 'J
Date_..;.\'.~---S?~ C: ·
~C!'.lCll
COUNCIL RESOLUTION TO ADOPT
MAKKOVIK INUIT COMlvIUNITY GOVERNllfENT DEVELOPMENT REGULATIONS
Under the authority of Section 35 of the Urban and Rural Planning Act 2000, the
Makkovik Inuit Community Government adopts the Makkovik Development
Regulations.
Adopted by the Makkovik Inuit Community Government on the 9th day of November,
2005.
Signed and sealed this 22nd day of December, 2005.
AngajukK~/J- L ~t?
(Seal)
Cl~k ;rf_autu ~
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
opment Regulations have been prepared in accordance
rb n an Rural Planning Act, 2000.
TABLE OF CONTENTS
NEWFOUNDLAND & LABRADOR (MINISTERIAL) REGULATION 3/01
MAKKOVIK INUIT COMMUNITY COUNCIL DEVELOPMENT
REGULATIONS
6
INTRODUCTORY STATEMENTS
PART I- GENERAL REGULATIONS
PART II - GENERAL DEVELOPMENT STANDARDS
PART Ill-ADVERTISEMENTS
PART IV - SUBDIVISION OF LAND
PARTY - USE ZONES
SCHEDULE A: Definitions
SCHEDULE B: Classification of Uses of Land and Buildings.
SCHEDULE C: Use Zone Tables, Makkovik
SCHEDULE D: Guide to Off-Street Parking
SCHEDULE E: Land Use Zoning Maps, Makkovik
6
6
18
19
23
24
31
37
57
59
Makkovik Development Regulations 2007 - 2017
NEWFOUNDLAND AND LABRADOR REGULATION 3/01
Appr ved under the authority of Section 36, Urban and Rural Planning Act, 2000, January 2, 2001
by th Honourable Joan Marie Aylward, Minister of Municipal and Provincial Affairs
Shor title
1. Th se regulations may be cited as the Development Regulations.
Defi 'tions
2. In hese regulations,
(a) " et", unless the context indicate otherwise, means the Urban and Rural Plmtning Act, 2000;
(b) " plicant" means a person who has applied to an authority for an approval or permit to carry
out a evelopment;
(c) " thority" means a council, authorized administrator or regional authority; and
(d) " evelopment regulations" means these regulations and regulations and by-laws respecting
deve pment that have been enacted by the relevant authority.
App cation
3. (I These regulations shall be included in the development regulations of an authority and shall
appl to all planning areas.
(2)
here there is a conflict between these regulations and development regulations or other
regu tions of an authority, these regulations shall apply.
(3)
ere another Act of the province provides a right of appeal to the board, these regulations
shall apply to that appeal.
lnte pretation
4. (1 In development regulations and other regulations made with respect to a planning area the
foll
ing terms shall have the meanings indicated in this section
(a) " ccess" means a way used or intended to be used by vehicles, pedestrians or animals in order
to g from a street to adjacent or nearby land or to go from that land to the street;
(b) ' ccessory building" includes
(i) a detached subordinate building not used as a dwelling, located on the same lot as the main
buil ing to which it is an accessory and which has a use that is customarily incidental or
co
lementary to the main use of the building or land,
(ii)
r residential uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses,
col frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and
tele ision antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
(c) accessory use" means a use that is subsidiary to a permitted or discretionary use and that is
cus marily expected to occur with the permitted or discretionary use;
(d) 'building height" means the vertical distance, measured in metres from the established grade to
the
(i) ighest point of the roof surface of a flat roof,
(ii) eck line of a mansard roof, and
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(iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in any
case, a building height shall not include mechanical structure, smokestacks, steeples and purely
ornamental structures above a roof;
(e) "building line" means a line established by an authority that runs parallel to a street line and is
set at the closest point to a street that a building may be placed;
(t) "discretionary use" means a use that is listed within the discretionary use classes established in
the use zone tables of an authority's development regulations;
(g) "established grade" means,
(i) where used in reference to a building, the average elevation of the finished surface of the
ground where it meets the exterior or the front of that building exclusive of any artificial
embankment or entrenchment, or
(ii) where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure, exclusive of any artificial
embankment or entrenchment;
(h) "floor area" means the total area of all floors in a building measured to the outside face of
exterior walls;
(i) "frontage" means the horizontal distance between side lot lines measured at the building line;
(j) ''lot" means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building;
(k) "lot area" means the total horizontal area within the lines of the lot;
(I) "lot coverage" means the combined area of all building on a lot measured at the level of the
lowest floor above the established grade and expressed as a percentage of the total area of the lot;
(m) "non-conforming use" means a legally existing use that is not .listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the legal right to use
the land under consideration;
(o) "pel'rnitted use" means a use that is listed within the permitted use classes set out in the use
zone tables of an authority's development regulations;
(p) "prohibited use" means a use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that an authority specifies as not permitted within a use zone;
(q) "sign" means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of advertisement,
announcement or direction and excludes those things employed wholly as a memorial,
advertisements of local government, utilities and boarding or similar structures used for the
display of advertisements;
(r) "rear yard depth" means the distance between the rear lot line and the rear wall of the main
building on a lot;
(s) "side yard depth" means the distance between the side lot line and the nearest side wall of a
building on the lot;
(t) "street" means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles;
(u) "street line" means the edge of a street reservation as defined by the authority having
jurisdiction;
(v) "use" means a building or activity situated on a lot or a development permitted on a lot;
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(w) "u e zone" or "zone" means an area of land including buildings and water designated on the
zonin map to which the uses, standards and conditions of a particular use zone table apply;
(x) "v riance" means a departure, to a maximum of 10% from the yard, area, lot coverage,
setbac -, size, height, frontage or any other numeric requirement of the applicable Use Zone Table
of the uthority's regulations; and
(y) "z ning map" means the map or maps attached to and forming a part of the authority's
regul ions.
(2)
authority may, in its discretion, determine the uses that may or may not be developed in a
e and those uses shall be listed in the authority's regulations as discretionary, permitted or
ited uses for lhat area.
Nolie of right to appeal
5. W ere an authority makes a decision that may be appealed under section 42 of the Ac4 that
autho ity shall, in writing, at the time of making that decision, notify the person to whom the
dee is· n applies of the
(a) p son's right to appeal the decision to the board;
(b) t' e by which an appeal is to be made;
(c) ri hl of other interested persons to appeal the decision; and
(d)
nner of making an appeal and the address for the filing of the appeal.
App
I requirements
6. (1 The secretary of the board at the Department of Municipal and Provincial Affairs, Main
Floo Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., AlB 4J6 is the
secre ary to all boards in the province and an appeal filed with that secretary within the time
perio referred to in subsection 42(4) of the Act shall be considered to have been filed with the
appr priate board.
(2)
otwithstanding subsection (1), where the City of Corner Brook, City of Mount Pearl or City
of St John's appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed
with he secretary of that appointed board.
(3)
e fee required under section 44 of the Act shall be paid to the board that hears the decision
bein appealed by filing it with the secretary referred to in subsection (I) or (2) within the 14 days
refe ed to in subsection 42(4) of the Act.
(4) he board that hears the decision being appealed shall, subject to subsection 44(3) of the Act,
retai the fee paid to the board.
(5)
here an appeal of a decision and the required fee is not received by a board in accordance
with this section and Pai~ YI of the Act, the right to appeal that decision shall be considered to
hav been forfeited.
Ap
al registration
7. (
Upon receipt of an appeal and fee as required under the Act and these regulations, the
seer tary of the board as referred to in subsections 6(1) and (2), shall immediately register the
app al.
(2)
here an appeal has been registered the secretary of the board shall notify the appropriate
rity of the appeal and shall provide to the authority a copy of the appeal and the
mentation related to the appeal.
(3)
here an authority has been notified of an appeal that authority shall forward to the
app opriate board a copy of the application being appealed, all correspondence, council minutes,
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plans and other relevant information relating to the appeal including the names and addresses of
the applicant and other interested persons of whom the authority has knowledge.
(4) Upon receipt of the information under subsection (3), the secretary of the board shall publish in
a newspaper circulated in the area of the appropriate authority, a notice that the appeal has been
registered.
(5) A notice published under subsection (4) shall be published not fewer than 2 weeks before the
date upon which the appeal is to be heard by the board.
Development prohibited
8. (1) Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting under subsection(!).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order under
section !02 of the Act, an autho1ity shall not carry out work related to the matter being appealed.
Hearing notice and meetings
9. (1) A board shall notify the appellant, applicant, authority and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date
scheduled for the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its work in an expeditious manner.
Hearing of evidence
10. (1) A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9(1) or their representative may appear before the board
and make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these regulations.
(3) A written repott submitted under subsection 43(2) of the Act respecting a visit to and viewing
of a property shall be considered to have been provided in the same manner as evidence directly
provided at the hearing of the board.
(4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
Board decision
11. A decision of the board must comply with the plan, scheme or development regulations that
apply to the matter that has been appealed to that board.
Variances
12. (1) Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development regulations. an
authority may, in its discretion, vary the applicable development standards to a maximum of 10%
if, in the authority's opinion, compliance with the development standards would prejudice the
proper development of the land, building or structure in question or would be contrary to public
interest.
(2) An authority shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be made
with respect to the same land, building or structure, would have a cumulative effect that is greater
than a 10% variance even though the individual variances are separately no more than lOo/o.
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(3) A authority shall not permit a variance from development standards where the proposed
devel pment would increase the non conformity of an existing development.
Notic of variance
13. W ere an authority is to consider a proposed variance, that authority shall give written notice
of the roposed variance from development standards to all persons whose land is in the
imme iate vicinity of the land that is the subject of the variance.
Resid ntial non conformity
14. A esidential building or structure referred to in paragraph 108(3)(g) of the Act must, where
being epaired or rebuilt, be repaired or rebuilt in accordance with the plan and development
regul tions applicable to that building or structure.
Notic and hearings on change of use
15.
here considering a non conforming building, structure or development under paragraph
108( (d) of the Act and before making a decision to vary an existing use of that non-conforming
build. g, structure or development, an authority, at the applicant's expense, shall publish a notice
in an wspaper circulating in the area or by other means give public notice of an application to
vary e existing use of a non-conforming building, structure or development and sball consider
any r presentations or submissions received in response to that advertisement.
Non- onformance with standards
16.
here a building, structure or development does not meet the development standards included
in de elopment regulations, the building, structure or development shall not be expanded if the
expa sion would increase the non-conformity and an expansion must comply with the
deve pment standards applicable to that building, structure or development.
Disc ntinuance of non-conforming use
17. n authority may make development regulations providing for a greater period of time than is
prov ded under subsection 108(2) of the Act with respect to the time by which a discontinued non-
conf rming use may resume operation.
Dele ation of powers
18.
n authority shall, where designating employees to whom a power is to be delegated under
subs ction 109(3) of the Act, make that designation in writing.
Co mencement
19. hese regulations shall be considered to have come into force on January l, 2001.
©© arl G. Tucker, Queen's Printer
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Makkovik Development Regulations 2007 - 2017
TOWN OF MAKKOVIK
LAND USE, ZONING, SUBDIVISION AND ADVERTISE/VIENT
REGULATIONS
(DEVELOP:MENT REGULATIONS)
INTRODUCTORY STATEMENTS
Short Title
These Regulations may be cited as the Town of Makkovik Development Regulations.
Interpretation
Words and phrases used in these Regulations shall have the meanings ascribed to them in
Schedule A.
Words and phrases not defined in Schedule A shall have the meanings which are commonly
assigned to them in the context in which they are used in the Regulations.
Commencement
These Regulations come into effect throughout the Makkovik 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.
Municipal Code and Regulations
The National Building Code of Canada 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 Makkovik, shall, under these Regulations apply to the
entire Planning Area.
Authority
In these Regulations, "Authority" means the Inuit Community Government of Makkovik ..
PART I- GENERAL REGULATIONS
1. Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance with these
Regulations.
2. Permit Required
No person shall carry out any development within the Planning Area except where otherwise
provided in these Regulations unless a pennit for the development has been issued by the
Authority.
3. Permit to be Issued
Subject to Regulations 9 and 10, a permit shall be issued for development within the Planning
Area that conforms to:
(a) the general development standards set out in Part II of these Regulations, the requirements of
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Part
of these Regulations, and the use classes, standards, requirements, and conditions
presc "bed in Schedule C of these Regulations for the use zone in which the proposed development
is loc ted;
(b) th standards set out in the Building Code and/or other ancillary codes, and any Building
Regu tions, Waste Disposal Regulations, and/or any other municipal regulation in force in the
Plann ng Area regulating or controlling development, conservation and use of land and buildings;
(c) th standards set out in Part III of these Regulations in the case of advertisement;
(d) th standards set out in Part IV of these Regulations in the case of subdivision;
(e) th standards of design and appearance established by the Authority.
4. P mit Not to be Issued in Certain Cases
Neith r a permit nor approval in principle shall be issued for development within the Planning
Area
hen, in the opinion of the Authority, it is premature by reason of the site lacking adequate
road ccess, power, drainage, sanitai·y facilities, or domestic water supply, or being beyond the
natur I development of the area at the time of application unless the applicant contracts to pay the
full c st of construction of the services deemed necessary by the Authority and such cost shall
attac to and upon the property in respect of which it is imposed.
5. D cretionary Powers of Authority
( 1 In considering an application for a permit or approval in principle to carry out
development, the
Authority shall take into account the policies expressed in the Munici-
pal Piao 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, aod as a result of
its consideration of the matters set out in this Regulation, conditionally approve or refuse
the application.
An Authority may, in its discretion, detennine the uses that may or may not be developed
in a use zone and those uses shall be listed in the Authority's regulations as discretionary,
permitted or prohibited uses for that area
6. V rianccs (Refer to Minister's Development Regulations, Section 12, January 2, 2001)
( l)
here an approval or permit cannot be given by the Authority because a proposed
deve opment does not comply with development standards set out in development regulations, the
Auth rity may, in its discretion, vary the applicable development standards to a maximum of 10%
if, in the Authority's opinion, compliance with the development standards would prejudice the
prop r development of the land, building or structure in question or would be contrary to public
inter st
(2)
e Autho1ity shall not allow a variance from development standards set out in development
regu ations if that variance, when considered together with other variances made or to be made
with espect to the same land, building or structure, would have a cumulative effect that is greater
than
10% variance even though the individual variances are separately no more than 10%,
(3) he Authority shall not permit a variance from development standards where the proposed
opment would increase the non conformity of an existing development
7,
otice of Variance (Refer to Minister's Development Regulations, Section 13., January 2,
200)
Wh e the Authority is to consider a proposed variaoce, the Authority shall give written notice of
the reposed variance from development standards to all persons whose land is in the immediate
ity of the land that is the subject of the variance.
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(!) 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 canying 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 13(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 benefited by the public works related to all the real
property so benefited; and,
b)
the density of development made capable or increased by the public work.
4) The Authority may require a service levy to be paid by the owrer of the real property;
a)
at the time the levy is imposed;
b)
at the time development of the real property commences;
c)
at the time development of the real property is completed; or
d)
at such other time as the Authority may decide.
9. Financial Guarantees by Developer
I)
The Authority may require a developer before commencing a development to make
such financial provisions and/or enter into such agreements as may be required to
guarantee the payment of service levies, ensure site reinstatement, and to enforce the
carrying out of any other condition attached to a permit or licence.
2)
The financial provisions pursuant to Regulation 14(1) may be made in the form of:
a) a cash deposit from the developer, to be held by the Authority, or;
b) a guarantee by a bank, or other institution acceptable to the Minister, for
expenditures by the developer, or;
c) a performance bond provided by an insurance company or a bank, or;
d) an annual contribution to a sinking fund held by the Authority, or;
e) another form of financial guarantee that the Authority may approve.
10, Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, the Authority may
require the dedication of a percentage of the land area of any subdivision or other development for
public use, and such land shall be conveyed to the Authority in accordance with the provisions of
the Act
11. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the Authority may
order the developer, the occupier of the site, or the owner or all of them to reinstate the site, to
remove all or any buildings or erections, to cover or fill all wells or excavations, and to close all or
any accesses, or to do any of these things or all of them, as the case may be, and the developer,
occupier or owner shall carry out the order of the Authority and shall put the site in a clean and
sanitary condition to the satisfaction of the Authority.
12. Form of Application
I) An application for a development permit or approval in principle shall be made only
by the owner or by a person authorized by the owner to the Authority on such form as
may be prescribed by the Authority, 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.
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2) The Authority shall supply to every applicant a copy of the application forms referred
to in Regulation 17(1) and a description of the plans, specifications and drawings
required to be provided with the application and any information or requirements
applicable to the application.
13.
egister of Application
The
uthonty shall keep a public register of all applications for development, and shall enter
there n the Authority's decision upon each application and the result of any appeal from that decis·
ion.
eferment of Application
e Authority may, with the written agreement of the applicant, defer consideration of an appli-
catio .
2) A plications properly submitted in accordance with these Regulations which have not been
dete
ined by the Authority and on which a decision has not been communicated to the applicant
wit
eight weeks of the receipt thereof by the Authority, and on which consideration has not
been deferred in accordance with Regulation 18(1), shall be deemed to be refused.
15.
pproval in Principle
1)
he Authority may grant approval in principle for the erection, alteration or conversion of a
uilding if, after considering an application for approval in principle made under these
egulations, it ts satisfied that the proposed development is, subject lo the approval of
etailed plans, in compliance with these Regulations.
2)
here approval in principle is granted under this Regulation, it shall be subject to the subse-
uent approval by the Authority of such details as may be listed in the approval in principle,
hich shall also specify that further application for approval of these details shall be received
ot later than two years from the grant of approval in principle.
16.
cvelopment Permit
1)
plan or drawing which has been approved by the Authority and which bears a mark and/or
ignature indicating such approval together with a permit shall be deemed to be permission to
evelop land in accordance with these Regulations but such permission shall not relieve the
pplicant from full responsibility for obtaining permits or approvals under any other
egulation or statute prior to commencing the development; from having the work carried out
·n accordance with these Regulations or any other regulations or statutes; and from compli-
ance with all conditions imposed thereunder.
2)
he Authority may attach to a permit or to approval in principle such conditions as it deems
fit in order to ensure that the proposed development will be in accordance with the purposes
and intent of these Regulations.
3)
Where the Authority deems necessary, permits may be issued on a temporary basis for a
period not exceeding two years, which may be extended in writing by the Authority for
further periods not exceeding two years.
4)
A permit is valid for such period, not in excess of two years, as may be stated therein, and if
the developtnent has not co1n1nenced, the permit may be renewed for a further period not in
excess of one year, but a permit shall not be renewed more than once, except in the case of a
permit for an advertisement, which may be renewed in accordance with 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
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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 pernut 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.
17. 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.
18. Notice of Right to Appeal (Refer to Minister's Development Regulations, Section 5, January
2, 2001)
Where the Authority makes a decision that may be appealed under section 42 of the Act, the
Authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
( c) right of other interested persons to appeal the decision; and
( d) manner of making an appeal and the address for the filing of the appeal.
19. Appeal Requirements ( R~fer to Minister's Development Regulations, Section 6, January 2,
2001)
1) The secretary of the Appeal Board at the Department of Municipal and Provincial Affairs,
Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., AlB 416
is the secretary to all Appeal Boards in the province and an appeal filed with that secretary
within the time period referred to in subsection 42(4) of the Act shall be considered to have
been filed with the appropriate Appeal Board.
2)
The foe required under section 44 of the Act shall be paid to the Appeal Board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or (2)
within the 14 days referred to in subsection 42(4) of the Act.
3)
The Appeal Board that hears the decision being appealed shall, subject to subsection 44(3) of
the Act, retain the fee paid to the Appeal Board.
4)
Where an appeal of a decision and the required fee is not received by an Appeal Board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
20. Appeal Registration (Refer to Minister's Development Regulations, Section 7, January 2,
2001)
1)
Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the Appeal Board as referred to in subsections 24(1) and (2), shall immediately
register the appeal.
2)
Where an appeal has been registered the secretary of the Appeal Board shall notify the
Authority of the appeal and shall provide to the Authority a copy of the appeal and the
documentation related to the appeal.
3)
Where the Authority has been notified of an appeal that Authority shall within one week of
notification forward to the appropriate board a copy of tl1e application being appealed, all
correspondence, council minutes, plans and other relevant information relating to the appeal
including the names and addresses of the applicant and other inrerested persons of whom the
Authority has knowledge.
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4)
pon receipt of the information under subsection (3), the secretary of the board shall publish
i a newspaper circulated in the area of the appropriate Authority, a notice that the appeal has
b en registered.
5)
notice published under subsection (4) shall be published not fewer than 2 weeks before the
te upon which the appeal is to be heard by the board.
21.
evelopment Prohibited (Refer to Minister's Development Regulations, Section 8, January
2, 20 1)
1)
ediately upon notice of the registration of an appeal the Authority shall ensure that any
evelopment upon the property that is the subject of the appeal ceases.
2)
ections 102 and 104 of the Act apply to the Authority acting under subsection(!).
3)
pan receipt of a notification of the registration of an appeal with respect to an order under
ction I 02 of the Act, the Authority shall not carry out work related to the matter being
pealed.
22.
ppeal Board
1) T e minister may, by order, establish an Appeal Board and shall assign to the Appeal Board a
speci 1c area of the province over which it shall have jurisdiction, as outlined in section 40, of the
Act
23.
ppeals
1)
person or an association of persons aggrieved of a decision that, under the regulations, may
e appealed, may appeal that decision to the appropriate Appeal Board where the decision is
ith respect to:
(a) an application to undertake a development;
(b) a revocation of an approval or a permit to undertake a development;
(c) the issuance of a stop work order: and
(d) a decision permitted under the Act or another Act to be appealed to the board,
2)
decision of the Authority to adopt, approve or proceed with a municipal plan, a scheme,
eveloprnent regulations and amendments and revisions of them is final and not subject to an
ppeaL
3)
n Appeal Board shall not make a decision that does not comply with the municipal plan, a
cheme and development regulations that apply to the matter being appealed.
4)
n appeal shall be filed with the Appeal Board not more than 14 days after the person who
made the original application appealed from has received the decision being appealed.
(5) An appeal shall be made in writing and shall include
(a) a summary of the decision appealed from;
(b) the grounds for the appeal; and
(c) the required fee,
(6) A person or group of persons affected by the subject of an appeal or their representatives may
appear before an Appeal Board and make representations concerning the matter under appeaL
(7) An Appeal Board may inform itself of the subject matter of the appeal in the manner it
considers necessary to reach a decision.
(8) An Appeal Board shall consider and determine appeals in accordance with the Act and the
municipal plan, scheme and regulations that have been registered under section 24, of the Act,
and having regard to the circumstances and merits of the case.
(9) A decision of the Appeal Board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
In determining an appeal, an Appeal Board may confirm, reverse or vary the decision
appealed from and may impose those conditions that the board considers appropriate in the
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circumstances and may direct the Authority to carry out its decision or make the necessary
order to have its decision implemented.
(I !)Notwithstanding subsection (10), where the Authority may, in its discretion, make a decision,
an Appeal Board shall not make another decision that overrules the discretionary decision.
(12) The decision of a majority of the members of an Appeal Board present at the hearing of an
appeal shall be the decision of the Appeal Board.
(13) An Appeal Board shall, in writing notify the appellant and the appropriate Authority of the
decision of the Appeal Board.
24. Hearing Notice and Meetings (Refer to Minister's Development Regulations, Section 9,
January 2. 2001)
1) An Appeal Board shall notify the appeUanc, applicant, Authority and other persons affected by
the subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the
date scheduled for the hearing of the appeal.
25, Hearing of Evidence (Refer to Minister's Development Regulations, Section JO, January 2,
2001)
I) An Appeal Board shall meet at a place within the area under its jurisdiction and the appellant
and other persons notified under regulation 29(1) or their representative may appear before
the Appeal Board and make representations with respect to the matter being appealed.
2)
An Appeal Board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
3)
A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing
of a property shall be considered to have been provided in the same manner as evidence
directly provided at the hearing of the Appeal Board.
4) In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of evidence.
26. Return of Appeal Fee
Where an appeal made by an appellant under section 42 of the Act, is successful, an amount of
money equal to the fee paid by that appellant under regulation 24(2) shall be paid to him or her by
the Authority.
27. Notice of Application
1)
When a change in non conforming use is to be considered under Regulation 49, or when the
development proposed is listed as a discretionary use in Schedule C of the Regulations, the
Authority shall, at the expense of the applicant, give notice of an application for a permit or
for approval in principle, by public advertisement in a newspaper circulating in the area.
2)
When a variance is necessary under Regulation l l, and the Authority wishes to consider
whether to authorize such a variance from development standards, the Authority shall give
written notice of the proposed variance to all persons whose land is in the immediate vicinity
of the land that is the subject of the variance.
28. 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.
29. 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.
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30. S op Work Order and Prosecution
1)
here a person begins a development contrary or apparently contrary to these Regulations,
e Authority may order that person to stop the development or work connected therewith
nding final adjudication in any prosecution arising out of the development.
2)
person who does not comply with an order made under Regulation 35(1) is guilty of an
ence under the provisions of the Act.
legation of Powers (Refer to Minister's Development Regulations, Section 18, Januaiy 2,
An
thority shall, where designating employees to whom a power is to be delegated under
tion 109(2) of the Ac~ make that designation in writing.
PARTII-GENERALDEVELOPMENTSTANDARDS
32.
ccesses and Service Streets
1)
ccess shall be located to the specification of the Authority so as to ensure the greatest
ossible convenience and safety of the street system and the Authority may prescribe the
onstruction of service streets to reduce the number of accesses to collector and arterial
treets.
2)
o vehicular access shall be closer than 10 metres to the street line of any street intersection.
33.
ccessory Buildings
1)
ccessory buildings shall be clearly incidental and complementary to the use of the main
uildings m character, use and size, and shall be contained on the same lot.
2)
o accessory building or part thereof shall project in front of any building line.
3)
he sideyard requirements set oul in the use zone tables in these Regulations shall apply to
ccessory buildings wherever they are located on the lot but accessory buildings on two (2)
adjoining properties may be bmlt to property boundaries provided they shall be of fire
esistant construction and have a couunon firewall.
34. Advertisements
Ad ertisements shall not be erected or displayed except in accordance with Part III of these
Re
lations.
35. Buffer Strips
Wh re any industrial development permitted in any Use Zone abuts an existing or proposed
resi ential area, or is separated from it by a road only, the owner of the site of the industrial
dev lopment shall provide a buffer strip not less than ten (10) metres wide between any residential
acf ity and the industrial area. The buffer shall include the provision of such natural or structural
b
'er as may be required by the Authority and shall be maintained by the owner or occupier to
the atisfaction of the Authority.
36. Building Height
Th Authority may permit the erection of buildings of a height greater than that specified in
Sc edule C, but in such cases the building line setback and rearyard requirements shall be vnried
as ollows:
l) The building line setback shall be increased by 2 metres for every I metre increase in height.
2)
The rearyard shall not be less tha11 the minimum building line setback calculated as described
in (1) above plus 6 metres.
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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 ta be located on those building lines, whether or
not such building lines conform to the standards set out in the tables in Schedule C of these
Regulations.
38. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequate in size to
acconunodate the number of persons living in the group, inclusive of staff, provided that in the
opinion of the Authority, the use of the dwelling does not materially differ from, nor adversely
affect, the amenities of the adjacent residences, or the neighbow·hood 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 10% of the permitted height of the
structure shall only be authorized under the provisions of Regulation 11 and with notice given
under the provisions of Regulation 12 and 32.
40. Livestock Structures and Uses
1) 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 in any zone in which agriculture 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 property 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 apprnved 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 de-
signed to contain more than five animal units unless the development is first approved by the
Department of Forest. Resources and Agrifoods.
41. LotArea
1) No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof
or otherwise, so that any building or structure on such lot shall have a lot coverage that
exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than that
permitted by these Regulations for the zone in which such lot is located.
2)
Where any part of a lot is required by these Regulations to be reserved as a yard, it shall
continue to be so used regardless of any change in the ownership of the lot or any part thereof,
and shall not be deemed to form part of an adjacent lot for the purpose of computing the area
thereof available for building purposes.
3)
Lot area shall be calculated on the basis of the front lot line being defined by the street
reservation and that the street reservation shall include a ditch.
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ot Area and Size Exceptions
, at the time of coming into effect of these Regulations, one or more lots already exist in any
resid ntial zone, with insufficient frontage or area to permit the owner or purchaser of such a lot or
lots
comply with the provisions of these Regulations, then these Regulations shall not prevent
the is uing of a permit by the Authority for the erection of a dwelling thereon, provided that the lot
cove age and height are not greater than, and the yards and tloor area are not less than the
stan rds set out in these Regulations.
43.
ot Frontage
Exce t where specifically provided for in the Use Zone Tables in Schedule C of these Regulations,
nor idential or commercial building shall be erected unless the lot on which it is situated fronts
direc y onto a street or forms part of a Comprehensive Development Scheme.
44.
on-Conforming Use (Refer to Millister's Development Regulations, Section 14, 15, 16, 17,
ry 2, 2001)
otwithstanding the Municipal Plan, scheme or regulations made under this Urban and Rural
Janning Act, 2001, the Authority shall, in accordance with regulations made under this Act,
llow a development or use of land to continue in a manner that does not conform with a
egulation, scheme, or plan that applies to that land provided that the non-conforming use
egally existed before the registration under section 24 of the Act, scheme or regulations
ade with respect to that kind of development or use.
2)
otwithstanding subsection (1), a right to resume a discontinued non-conforming use of land
hall not exceed 3 years after the discontinuance of that use.
3)
building, structure or development that does not conform to a scheme, plan or regulations
ade under the Act that is allowed to continue under subsection (1) shall not be internally or
xtemally varied, extended or expanded unless otherwise approved by the Authority;
a)
shall not be structurally modified except as required for the safety of the building,
structure or development;
b)
shall not be reconstructed or repaired for use in the same non-conforming manner
where 50% or more of the value of that building, structure or development has been
destroyed;
c)
have the existing use for that building, structure or development varied by the
Authority to a use that is, in the Authority's opinion, more compatible with the plan
and regulations applicable to it;
d)
may have the existing building extended by approval of the Authority where, in the
Authority's opinion, the extension is not more than 50% of the existing building;
e)
where the non-conformance is with respect to the standards included in these
development regulations, shall not be expanded if the expansion would increase the
non-conformity and an expansion must comply with the development standards
applicable to that building, structure or development;
!)
where the building or structure is primarily zoned and used for residential purposes,
it may, in accordance with the municipal plan and regulations, be repaired or rebuilt
where 50% or more of the value of that building or structure is destroyed but the
residential building or structure, where being repaired or rebuilt, must be repaired or
rebuilt in accordance with the plan and development regulations applicable to that
building or structure.
4)
when making a decision to vary an existing use of a non-conforming building, structure or
development, the Authority, at the applicant's expense, shall publish a notice in a newspaper
circulating in the area or by other means give public notice of an application to vary the
existing use of a non-conforming building, structure or development and shall consider any
representations or submissions received in response to that advertisement.
45. Offensive and Dangerous Uses
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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.
46. Offstreet Parking Requirements
1)
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 sha!! 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 15m2 in size, capable of being
used for the parking of a vehicle without the need to move other vehicles on adjacent
areas.
b)
the parking area shall be constructed and maintained to the specifications of the
Authority;
c)
the lights used for illumination of the parking area shall be so arranged as to divert
the light away from adjacent development;
d)
a structure, not more than 3 m in height and more than 5 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 ;tation equipment shall be located or maintained on a parking area;
I)
no part of any off-street parking area shall be closer than 1.5 m to the front lot line in
any zone;
g)
access to parking areas in non-residential zones shall not be by way of residential
zones;
h)
where a parking area is in or abuts a residential zone, a natural or structural barrier at
least 1 m in height shall be erected and maintained along all lot lines:
i)
where, in the opinion of the Authority, strict application of the above parking
requirements is impractical or undesirable, the Authority may as a condition of a
permit require the developer to pay a service levy in accordance with these
Regulations in lieu of the provision of a parking area, and the full amount of the levy
charged shall be used by the Authority for the provision and upkeep of alternative
parking facilities within the general vicinity of the development.
47. Off-Street Loading Requirements
I) For every building, structure or use to be erected, enlarged or established requiring the
shipping, loading or unloading of animals, goods, wares or merchandise. there shall be
provided and maintained for the premises loading facilities on land that is not part of a street
comprised of one or more loading spaces, 15 m long, 4 m wide, and having a vertical
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earance of at least 4 m with direct access to a street or with access by a driveway of a
· nimum width of 6 m to a street.
2)
he number of loading spaces to be provided shall be determined by the Authority.
3)
e loading facilities required by this Regulation shall be so arranged that vehicles can
man
uvre clear of any street and so that it is not necessary for any vehicle to reverse onto or from
a str t.
48.
arks and Playgrounds, and Conservation Uses
Noth ng in these Regulations shall prevent the designation of conservation areas or the
estab ishment of parks and playgrounds in any zones provided that such parks and playgrounds are
not l cated in areas which may be hazardous to their use and are not operated for commercial
purp ses.
49.
creening and Landscaping
uthority may, in the case of existing unsightly development, order the owner or occupier to
prov de adequate and suitable landscaping or screening; and for this purpose may require the
sub ission 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
sere
'ng may be made a condition of any development permit where, in the opinion of the
Au
rity, the L.1ndscaping or screening is desirable to preserve amenity, or protect the
onment.
50.
ervices and Public Utilities
uthority may within any zone permit land to be used in conjunction with the provision of
pub! c services and public utilities if the use of that land is necessary to the proper operation of the
pub! c service or public utility concerned provided that the design and landscaping of any develop-
men of any land so used is. in the opinion of the Authority, adequate to protect the character and
app ranee of the area.
51.
ervice Stations
Th 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 auton1obiles may gain access from either side.
b) Pump islands shall be set back at least 4 metres from the front lot line.
c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and where
a service station is located on a comer lot, the minimllill distance between an access
and the intersection of street lines at the junction shall be 10 metres and the lot !me
between entrances shall be clearly indicated.
52. Side Yards
As' eyard shall be kept clear of obstruction and shall be provided on the exposed sides of every
buil ing in order to provide access for the maintenance of that building.
53. Street Construction Standards
An w street may not be constructed except in accordance with and to the design and
spe ifications laid down by the Authority.
54. Subsidiary Apartments
Su idiary apartments may be permitted in single dwellings only, and for the purposes of
cal ulating lot area and yard requirements, shall be considered part of the self-contained dwelling.
55. Unsubdivided Land
De elopment is not permitted on unsubdivided land unless sufficient area is reserved to satisfy the
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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.
56. 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 floor area, meet the requirements of the Use Zone Table in Schedule C,
provided that the dwellings are 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 the layout adjoins other development.
PART III-ADVERTISEMENTS
57. Permit Required
Subject to the provisions of Regulation 67, no advertisement shall be erected or displayed in the
Planning Area unless a permit for the advertisement is first obtained from the Authority. Permit
for erection or display of advertisement on Provincial Highways shall be obtain from the
Government Secvice Centre.
58. Form of Application
Application for a permit to erect or display an advertisement shall be made to the Authority in
accordance with Regulation 17.
59. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any highway or
street reservation.
60. Permit Valid for Limited Period
A permit granted under these Regulmions for the erection or display of an advertisement shall be
for a limited period, not exceeding two years, but may be renewed at the discretion of the
Authority for similar periods.
61. 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.
62. 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 courtyard of a dwelling, one nameplate not cKceeding 0.2
m2 in area;
b)
on an agriculturol 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 foiestry purposes, signs or notices not exceeding 1 m2 in area and
relating to forestry operations or the location of logging operations conducted on the
land~
d)
on land used for mining or quarrying operations, a notice board not exceeding I rn2
in area relating to the operation conducted on the land~
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e)
on a dVi-·elling or the grounds of a dwelling, one nameplate not exceeding 0.2 m2 in
area in connection with the practice of a professional person carrie<I on in the
premises;
t)
on any site OCCL1pied by a church, school, library, art gallery, museum, institution or
ce1netery, 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 facade or 3 m, whichever is the lesser;
h)
on any parking !nt directional signs and one sign not exceeding 1 m2 in size,
identifying the parking lot.
63.
pproval Subject to Conditions
Ape
't may only be issued for the erection or display of advertisements which comply with the
appr priate conclitions and specifications set out in the Use Zone Tables in Schedule C of these
Reg ations.
64.
on-Conforming Uses
Not ithstanding the prov1s1ons of Regulation 62, a permit may be used for the erection or display
of a
ertisements on a bui !cling or within the courtyard ofa building or on a parcel of land, rhe use
of w ich is a non conforn1ing use, provided that the advertisement does not exceed the size and
type f advertisement which could be petmitted if the development was in a Use Zone appropriate
to i use, and subject to any other conditions deemed appropriate by the Authority.
PART IV· SUBDIVISION OF LAND
65.
erroit Required
No 1 nd in the Planning Area shall be subdivided unless a permit for the development of the
su
"vision is first obLained t"i·o1n the Authority.
ervices to be ProYided
ermit shall be issued for the development of a subdivision unless provisions satisfactory to
uthority have been made in the application for a supply of drinking water, a properly
ned sewage disposal system, and a properly designed storm drainage system.
ayment of Service Levies and Other Charges
ermit shall be issued for the development of a subdivision until agreement has been reached
e payment of all fees levied by the Aurhority for connection to services, utilities and streets
dee ed necessary for the pmpcr development of the subdivision, and all service levies and other
ges imposed under Rcgu\;\tions 13 and 14.
68. Issue of Permit Subject to Considerations
A p rmit shall not be issued when, in the opinion of the Authority, the development of a
sub ivision does not contnbutc to the orderly growth of the municipality and does not demonstrate
sou d design principles. In considering an application, the Authority shall, without limiting the
gen rality of the foregoing. i.:onsider:
a) the location of the land;
b)the a\c1ilability ot and the demand created for schools, services, and utilities;
c)the p1ov1sions ol the Plan and Regulations affecting the site;
d)the land use, ph;,"·"il form and character of adiacent developments;
e)the trc1nsporrnti1-n network and traffic densities affecting the site;
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f) the relationship llf lhe project to existing or potential sources of nuisance;
g)soil and subsoil characteristics;
h)the topography uf the site and its drainage;
i) natural features such as lakes, streams, topsoil, trees and shrubs;
j) prevailing wind';
k)visual quality;
I) community foci Illies;
m) energy conser,·~ltion;
n)such mher matters as may affect the proposed development.
69. Building Permits Required
Notwithstanding the apprnv;il qf a subdivision by the Authority, a separate building permit shall
be obtained for each build1ug 1·roposed to be erected in the area of the subdivision, and no
building permit for any builcl111g in the area shall be issued until the developer has complied with
all the provisions of the'e Rc:gulations with respect to the development of the subdivision.
70. Form of Application
Application for a permit tn develop a subdivision shall be made to the Authority in accordance
with Regulation 16.
71. Subdivision Subject to Zoning
The subdivision of land shal I he permitted only in conformity with the Use Zones delineated on
the Zoning Maps.
72. Building Lines
The Authority may establi'h building lines for any subdivision street and require any new building
to be located on such buildi11~ lines.
73. Land for Public Opm Space
1) Before a dcvelopmcn1 C1Jrnmences, the deve.Ioper shall, ifrequired, dedicate to the Authority,
at no cost to the Autlwrny, an area of land equivalent to not more than 10% of the gross area
of the subd 1 vision ')r :'.5 ni 2 for every dwelling unit permitted in the subdivision, whichever is
the greater, for public u:,en space, provided that:
a) where land is suhdivided for any purpose other than residential use, the Authority shall
determine the percentage of land to be dedicated;
b)if, in 1he opinion nf 1he Authority, no public open space is required, the land may be
used for such other rublic use as the Authority may determine;
c) the location and suitability of any land dedicated under the provisions of this Regulation
shall be subject tn the approval of the Authority but in any case, the Authority shall not
accept land 11 hich 111 its opinion is incapable of development for any purpose;
d)the A1tthority 1n:1y <ll-Cept from the developer in lieu of such area or areas of land the
payment of a sr1111 nr money equal to the value of the land which would otherwise be
required to be dccl1c:.tledi
e)moncy received by the Authority in accordance with Regulation 73(l)(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 dedicoted for public· uoe in accordance with this Regulation shall be conveyed to the
Authority and may be snld cir 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 shal I be applied against the cost of acquisition or development of any other
land for the purposes of puhl11., open ::.pace or other public purposes.
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(3) T e Authority may require a strip of land to be reserved and remain undeveloped along the
banks of any river, bro"k or pond, and this land may, at the discretion of the Authority, constitute
the re uirement of land ror 1:·ublic use under Regulation 78(1).
74.
ructure in Street Reservation
The acing wi1l11n any street reservat<On of any structure (for example, a hydro pole, telegraph or
telep one pole. lire hydran1. mail box, fire alarm, sign post) shall receive the prior approval of the
Auth rity which shall be s<itisl :ed on the question of safe construction and relationship to the
adjoi ing buildings and oth...:r ~tructures within the street reservation.
75.
bdivision Design Standards
Nop rmit shall be issued for the development of a subdivision under these Regulations unless the
desig of the subdivision conkirms to the following standards:
a) The tmished grade ur streets shall not exceed 10 percent.
b)Everl' cul de''" ,11.11 I be provided with a turning circle of a diameter of not less than 30
m.
c)The maximum length of any cul de sac shall be:
2u0m in'"""' :,crved by or planned to be served by municipal piped water and sewer
services, lb slwy.,n in the map and letter of agreement signed by the Municipality and
the Ministe1· ol MLmic1pal and Provincial Affairs in connection with municipal five·
year capita! 'V.·'\)tks program eligibility.
300m in are"' not served by or planned to be served by municipal piped water and
SC\Ver ser\·1cec-..
d)Emer gency vehicle: "ccess to a cul de sac shall be not less than 3 m wide and shall
connect the he~ld 0f :he cul de sac \Vith an adjacent street.
e)No cul de sac shrill be located so as to appear to terminate a collector street.
t) New ::,ubdiv1~ion:, .--hall have street connections with an existing street or streets.
g)All sl1 eet intersr.:::~1_1(111s shall be constructed within 5 ° of a right angle and this alignment
shall he mainiJincd h1r 30 in from the intersection.
h)No st1eet inter,ecllun shall be closer than 60 m to any other street intersection.
i) No more than four s<reets shall join at any street intersection.
j) No residential strcd block shall be longer than 490 m betwe.en street intersections.
k)Streets in res1Clenri:rl subdivisions shall be designed in accordance with the approved
standards of rhe Authority, but in the absence of such standards, shall conform to the
follo\v1ng mi1~in1l
1 1n ">tnndards:
No lot intended lur residential purposes shall have a depth exceeding four times the
fr( ntage.
R'.oidential 11-1 ,:iall not be permitted which abut a local stt-eet at both front and rear
lot lines.
Tl··.e Authc1rity : 1.ty require any existing natural, historical or architectural t'eature or
p~1rt thereof tl1 he retained when a subdivision is developed.
Lrind shall not be subdivided in such a manner as to prejudice the development of
ad1oining land.
76.
ngineer to Design \\ 11rks and Certify Construction Layout
1) Plans and spec11·a.:a111·11s for ~lll water mains, hydrants, sanitary sewers, storm sewers and
all appurtenances th1~'! eto and all streets, paving, curbs, gutters and catch basins and all
other utilities decm<:d n~cessary by the Authority to service the area proposed to be devel-
oped o: subdivided , !wl l be designed and prepareJ by or approved by the Engineer. Such
designs and spec1fic:1t1uns shall, upon approval by the Authority, be incorporated in the
plan of ubdivi~1on
2) Upon a: ,proval hy tile Authority of the proposed subdivision, the Engineer shall certify all
work o' constructil'n layout preliminary to the construction of the works and thereupon the
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developer shall proci,:ed to the construction and installation. at his own cost and in
accordci·1ce with the "PProved designs and specifications and the construction layout
certified by the Eng111eer, of all such water mains, hydrants, sanitary sewers and all appur-
tenances and of all s11ch streets and other works deemed necessary by the Authority to
service the said clrea.
77. Developer to Pay Engineer's Fees and Charges
The developer shall pay to tile Authority all the Engineer's fees and charges for the preparation of
designs and specifications c1nd for the layout and supervision of construction; such fees and
charges being percentagr:'S nt' the total cost of materials and labour for the construction and
installation of all works colrnlmed in accordance with the Schedule of Fees recommended by the
Association of Professi(\nal Engineers of Newfoundland and in effect at the time the work is
carried out.
78. Street Works May !le Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and paving
specified by the Authority as bdng necessary, may, at the Authority's discretion, be deferred until
a later stage of 1he 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 co1 er the cost of construction and installation of the works. In the later
stage of the work of develo1,,nent, the Authority shall cal I for tenders forthe work of construction
and installation of the \V>.ll'Cc. and the amount so deposited by the developer shall be applied
towards paymc11t of the cci11
1
- art cost. If the contract cost exceeds the deposit, the developer shall
pay to the Auth<lrity the am. · 1m of the excess. If the contract price is less than the deposit, the
Authority shall refund the a1·1ount by which the deposit exceeds the contract price. Any amount
so deposited with the Autlll!1 ity 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.
79. Transfer of Streets and Utilities to Authority
1) The developer shall, tnll- -wmg the approval of the subdivision of land and upon request of the
Authority, trander to the Auihority, at no cost to the Authority, and clear of all liens and
encumbrances:
a) all land: in the'" ea I'' oposeJ to be developed or subdivided which are approved and
design<1Lc.d by the /\1Hhority for public uses as streets, or other rights-of-way, or for other
public l;se;
b)all services or publil· \vorks including streets, water supply and distribution and sanitary an
storm drainage sy .. 1:111s instulled in the subdivision that are normally owned and operated
by the Authority.
2) Before the Authority shed I accept the transfer of lands, services or public works of any
subdivision, the Engi11eer :.hall, at the cost to the developer, test the streets, services and public
works installvd in the ;.:.ui-·division and certify his satisfaction with their installation.
3) The Authority shall 1101 :)rnvide maintenance for any su·eet, service or public work in any
subdivision until Sul.:h t11'1e as such street, service or public work has been transferred to and
accepted by the Aut!·jl-ri:
80. Restriction on Sale of' Lots
The developer ... hall not cicl c'.op or dispose of any lot within a subdivision for the purposes of
development and no build1nt permit shall be issued until the Authority is satisfied that
a) the lot can be served with satisfactory water supply and sewage disposal systems, and
b)satisfac'.ory access to a street is provided for the lots.
81. Grouping <>fBuildin~s and Lnndscaping
a) Each p!.tn of subdi' 1·.ion shall make provision for the grouping of building types and for
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landscc1ping in order to enhance the visual aspects of the completed development and to
make the most u,c ,,:·existing topography and vegetation.
)Builclin~ group1n~s. once approved by the Authority, shall not be changed without written
applic;1 ion to and .,ubsequent approval of the Authority.
PART V - USE ZONES
82.
se Zones
a) For the purpose al these Regulations, the Planning Area is divided into Use Zones which
are shown on the Zoning Maps attached to and forming part of these Regulations.
b)Subject to Regulcit1n11 87(3). the permitted use classes, discretionary use classes, standards,
requi1e111ents and c-i·1ditions applicable to each Use Zone are set out in the Use Zone
Tables 1:i Schec\ulc C of these Regulations.
c)Whe1c '-tandard~. 11._'qL1ireme11ts and conditions applicable in a Use Zone are nol set out in
the Use Zone T<ibl1.c. m Schedule C. the Authority may in its discretion, determine the
standards, requiren~cnts and conditions which shall apply.
83.
se Classes
pecific 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
Sch ule B.
84.
ermittcd Uses
Subj et to thc'c Regulat1111is. the use' that fall within the Permitted Use Classes set out in the
appr priate u,c Zone Tahk in Schedule C shall be permitted by the Authority in that Use Zone.
iscretio1 .iry Uses
et to thes. Regulatior". the uses that fall within the Discretionary Use Classes set out in the
priate u,c Zone Tobie m Schedule C may be permitted in that Use Zone if the Authority is
1ed that the development would not be contrary to the general intent and purpose of these
Reg lations, tlcc Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and
to
e public interest, and Ji the Authority has given notice of the application in accordance with
Reg lation 27 and has co11'idered any objections or representations which may have been received
on
86. Uses Not Permitted
Use that do rn - fall within : he Permitted Use Classes or Discretionary Use Classes set out in the
app opriate TJ,, Zone Tabb in Schedule C, shall not be permitted in that Use Zone.
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SCHEDULE A
DEFINITIONS
ACCESS: A way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street. (Refer to Minister's
Developme111 Regulations. Ja11uary 2, 2001)
ACCESSORY BIBLDING:
a)
c' :letached subordinate building not used as a dwelling, located on the same lot as
lhG main building to which it is an accessory and which has a use that is customarily
incidental C'1" c!!mplementary to the main use of the building or land,
b)
for residential uses, don\estic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for
clomestic pets or radio und television antennae,
c)
fo1· commercrnl uses, workshops or garages, and
d)
for mdustrial uses, garages, offices, raised ramps and docks.
(Ref~ r /o Mi11istei"s Development Regulations, January 2, 2001)
ACCESSOHY USE: All"' that is subsidiary to a permitted or discretionary use and that is
customarily ex11ected to oct·11r with the permitted or discretionary use. (Ref'er to Minister's
Developn1e11r f?cgulo.tions, innuary 2, 2001)
ACT: The Urban and Rural Planning Act, 2000.
ADVERTISE~IENT: Any word, letter, model, sign, placard, board, notice, device or
representation. 1,vhetber il lun1inated or not, in the nature of and employed wholly or in part for the
purposes of adYertisement. announcement or direction; excluding such things employed wholly as
a memorial, nr fLtoctional 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 clt,play of advertisements.
AGRICULTU!{E: Horticuiture, fruit growing, grain growing, seed growing, dairy farming, the
breeding or rearing of Ii ve;tock, including any creature kept for the production of food, wool,
skins, or fur, or for the purpose of its use in the farming of land, the use of land as grazing land,
meadow land, osier land, market gardens and nursery grounds and the use of land for woodlands
where that use 1s ancillary to the farming of land for any other purpose. "Agricultural" shall be
construed accordingly.
AMUSEMENT USE: The uoe of land or buildings equipped for the playing of electronic,
mechanical, 111 other games :rnd amusements including electronic games, pinball games and slot
machine arcade, and bill rard and pool halls.
ANIMAL UNIT: Any one uf the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (l.8 - 2.3 kg each);
l CO\V \including ca!t);
100 fen· ale mink (including associated males and kits);
4 goats:
X ho:;'· based on ·l:i.3.6 kg
I unit);
I hc1 "r.:: (inclllding rllal);
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125 laying hens;
4 sheep (including lambs);
1 sow or breed so ... v (including weaners and gro"vers based on 453.6 kg= 1 unit);
X tut keys, ducks, geese (based on 2,268 kg= 1 unit).
APA TMENT BUILDING: A building containing three or more dwelling units, but does not
inclu ea fO\\' dwelling.
APP I CANT: A person who has applied to an Authority for an approval or permit to carry out a
devel pmem.
APP AL BOARD: The appropriate Appeal Board established under the Act.
AR
RIAL STREET: The streets in the Planning Area constituting the main traffic arteries of
the
ea anc! defined as arterial streets or highways in the Municipal Plan or on the Zoning Map,
BO
DING HOUSE: A dwelling Ill which at least 2 rooms are regularly rented to persons other
he in1mec!iate family of the owner or tenant.
BUI DING: Every structure, erection, excavation, alteration or improvement \vhatsoever placed
on,
er or under land, or attached, anchored or moored to land, and includes mobile structures,
vehi les and n1arine vessels adapted or constructed for residential, commercial, industrial and
othe like w.es, and any part of a building as so defined and any fixtures that form part of a
buil ing.
BUI DING HEIGHT: The vertical distance, measured in metres from the established grade to
the
i)
highest point of the roof surface of a flat roof,
ii)
deck line of a mansard roof, and
iii) inean height level bet\veen the eave and the ridge of a gable, hip or gambrel roof, and
111 any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof. (Refer to Minister's
Developmenr Regulations, January 2, 2001)
B
DING :,!NE: A line established by an Authority that runs parallel to a street line and is set
at
close't pomt to a street that a building may be placed. (Refer to Minister's Developmellt
Reg lario1u, January 2, 2001)
CO LECTOR STREET: A street lhat is designed to link local streets with arterial streets and
whi his designated as a collector street in the Municipal Plan, or on the Zoning Map.
DA CARE CENTRE or DAY NURSERY: A building or part of a building in which services
and activitie' are regularly provided to children of pre-school age during the full daytime period as
de
ed under the Day Nurseries Act, but does not include a school as defined by the Schools Act
ELOP ~!ENT: The carrying out of any building, engineering, mining or other operations in,
on, ver 1 or under land 1 or the making of any 1naterial change in the use, or the intensity of use of
an land, buildings, or premise and without limiting the generality of the foregoing, shall
spe ifically include:
a)
the mnk1ng of an access onto a highway, road or way;
b)
the erec\ion of an advertisement or sign;
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c)
the parl-;1 ng of a trailer, or vehicle of any description used for the sale ofrefreshments or
merchandise, or as an office, or for living accommodation, for any period of time; and shall
exclude:
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;
the catTying out by a highway Authority of any works required for the maintenance
or improvement of a road, being works canied out on land within the boundanes of
the road reservation;
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 breakmg open of any street or other land for that
purpose;
the use of any building or land within the courtyard of a dwelling house for any
purpose incidental to the enjoyment of the dwelling house as such.
DEVELOP~IENT REGULATIONS: Regulations respecting development that have been
enacted by the relevant Authority.
DISCRETIONARY USE: A use that is listed within the discretionary use classes established in
the use zone tables of an Authority's development regulations. (Refer to iW.inister's Develop1nent
Regulations, January 2, 2001)
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.
ESTABLISHED GRADE:
a)
where used in reference to a building, the average elevation of the finished surface of the
ground \vhere it meets the exterior or the front of that building exclusive of any artificial
embankrnent or entrenchment, or
b)
where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure, exclusive of any artificial
embankment or entrenchment. (Refer to Minister's Development Regulations, January 2,
2001)
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. (Refer ro Minister's Development Regulations, January 2, 2001)
FRONTAGE: The horizontal distance between side lot lines measured at the building line.
(Refer to M111isrer's Develapment Regulations, Jam<ary 2, 2001)
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T YARD DEPTH: The distance between the front lot line of a lot and the front wall of the
uilding on the lot.
GA
GE: A building erected for the storage of motor vehicles as an ancillary use to a main
build. g on the lot.
GEN "RAL INDUSTRY: The use of land or buildings for the purpose of storing, assembling,
alteri g, repairing, manufacturing, fabricating, packing. canning, preparing, breaking up,
demo ishing, or treating any article, commodity or substance. "Industry" shall be construed
accor ingly.
GE
RAL GARAGE: Land or buildings used exclusively for repair, maintenance and storage
tor vehicles and n1ay include the sale of gasoline or diesel oil.
RDOUS INDUSTRY: The use of land or buildings for industrial purposes involving the
use o materials or processes which because of their inherent characteristics, constitute a special
fire, xplosion, radiation or other h'1zard.
ECTOR: Any person appointed and engaged as an Inspector by the Authority or by any
feder 1 or provincial Authority or the agent thereof.
INS ITUTION: A building or part thereof occupied or used by persons who:
a)
re involcmtarily detained, or detained for penal or correctional purposes, or whose liberty is
estricted, oL·;
b)
equire special care or treatment because of age, mental or physical limitations or medical
onditions.
LA
: Includes land covered by water, and buildings and structures on, over, or under the soil
and xtures that form pnrt of these buildings and structures.
LIG T INDUSTRY: Use of any land or buildings for any general industrial use that can be
carri d out wtthout hazard or intrusion and without detriment to the amenity of the surrounding
area y reason of noise, vibration, smell, fun1es, smoke, grit, soot, ash, dust, glare or appearance.
LO AL STREET: A street designed primarily to provide access to adjoining land and which is
not esignated as a collector street or arterial street in the Municipal Plan) or on the Zoning Map.
LO GING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons other
than the immediate family of the owner or tenant.
LO : Any plot, tract or parcel of land which can be considered as a unit of land for a particular
use r building. (Refer to Minister's Developmelll Regulations, January 2. 2001)
LO AREA: The total horizontal mea within the lot lines of the lot. (Refer to Minister's
Dev lopment Regulations, January 2, 2001)
L
COVERAGE: The combined area of all buildings on the lot measured at the level of the
low st floor above the established grade expressed as a percentage of the total area of the lot.
(Re er to Minister's Development Regulations, Jaiwary 2, 2001)
Ml ERAL WORKING: Land or buildings used for the working or extraction of any naturally
occ 1rring substance.
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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 Constructton 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:
transported on its own wheels and chassis to a mobile home lot, and subsequently
supported on its ov.·n \vheels~ jacks, posts or piers, or on a permanent foundation and;
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 ownership, cared
for and controlled by a mobile home park operator where individual mobile home lots are rented
or leased with or without mobile horne units placed on them and where ownership and
responsibility for the maintenance und development of site facilities including underground
services, access roads, cornmunal areas, sno\i.·clearing 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 owner~hip into two or more pieces or parcels of land for the
purpose of locating thereon mobile home units under either freehold or leasehold tenure and where
the maintenance of streets and services is the responsibility of a municipality or public Authority,
and where the mobile home development is classified as a mobile home subdivision by the
Authority.
NON-CONFORMING USE: means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in \Vhich it is located or which does not meet the development
standards for that use zone. (Refer to lvfinister's Developfnent Regulations, January 2, 2001)
OWNER: means a person or an organization of persons owning or having the legal right to use
the land under consideration. (Refer to Minister's Development Regulations, January 2 .. 2001)
PERMITTED USE: means a use I hat is listed within the permitted use classes set out in the use
zone tables of an .l\uthority's develop1nent regulations. (Refer to i\1inister's Developn1e11r
Regulations, January 2, 2001)
PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working.
PROHIBITED USE: means a use that is not listed in a use zone within the permitted use classes
or discretionary use classes or a use that an Authority specifies as not permitted within a use zone.
(Refer ro Mi111ster's Development Regulatio11s, January 2, 2001)
REAR YARD DEPTH: means the distance between the rear lot line and the rear wall of the main
building on the lot. (Refer to Minister's Development Regulations, January 2, 2001)
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.
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SEA ONAL RESIDENCE: A dwelling which is designed or intended for seasonal or
tional use, and is not intended for use as permanent living quarters.
SER ICE STATION: Any land or building used exclusively for the sale of petroleum products,
auto otive parts and accessories, minor repairs, washing and polishing of motor vehicles.
SER ICE STREET: A street constructed parallel to or close to another street for the purpose of
limit" g direct access to that street.
SHO : A building or part thereof used for retail trade wherein the primary purpose is the selling
or of ering 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
meal or refreshments, an amusement use, a general garage, or a service station.
SH
PING CENTRE: A group of shops and complementary uses with integrated parking and
whic
1s planned, developed and designed as a unit containing a minimum of 5 retail establish-
ment.
SH WROOM: A building or part of a building in which samples or patterns are displayed and in
whic 01·ders may be taken for goods, wares or mer·chandise, including vehicles and equipment,
for 1 ter delivery.
SID
YARD DEPTH: means the distance between a side lot line and the nearest side wall of any
buil ing on the lot. (Refer to Mimsrer's Developmem Regnlatwns, January 2, 2001)
SIG
111eans a word, letter, model. placard, board, device or representation, whether illuminated
or n t, 111 the nature of or employed wholly or in part for the purpose of advertisement,
ann uncement or direction and excludes those things employed wholly as a memorial,
adv ·tisements of local government, utilities and boarding or similar structures used for the
disp ay of advenisements.(Refer to Mi11ister's Developme11t Regulatio11s, January 2, 2001)
ST EET: means a street, road, highway or other way designed for the passage of vehicles and
ped stnans and which is accessible by fire department and other emergency vehicles. (Refer to
Min s1u1·'s Development Regulatio11.Y. January 2, 2001)
EET LINE: means the the edge of a street reservation as detined by the Authority having
1..., 1ion. (Refer to Minister's Del'elopnient Regulations, January 2, 2001)
DIVISION: The dividing of any land, whether in single or joint ownership, into two or more
s for the purpose of development.
SIDJARY APARTMENT: A separate dwelling unit constructed within and subsidiary to a
self contained dwelling.
-
TA '·-OUT FOOD SERVICE: A building in which the primary purpose is the preparation and
sal of meals or refreshments for consumption off the premises.
TA ERN: Includes a nightclub and means a building licensed or licensable under the Liquor Control Act wherein
me ls :1nd food may be served for (Qnsumption on the premises and in which entertainment may be provided.
US : means a building or activity situt1ted on a lot or a development permitted on a lot.. (Refer to Minister's
De elopment Regulations, Jamwry 2. 2001)
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USE ZONE or ZONE: means an area of land including buildings and water designated on the zoning map
which the uses, standards and conditions of a particular use zone table apply. (Refer to Minister's Developm nt
Regulations, January 2, 2001)
VARIANCE: means a departure, to a maximum of 10% from the yard, area, lot coverage, setback, size, hei ht,
frontage or any other numeric requirement of the applicable Use Zone Table of the Authority's regulations.
efer
to Minister's Development Regulatio11s, January 2, 2001)
ZONING MAP: The map or maps attached to and forming part of the Authority's regulations. (Refer to Mi ister's
Development Regulations, January 2, 2001)
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SCHEDULEB
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
!. Assembly Uses for
(a) Theatre
Motion Picture Theatres
USES
the production and vie\ving
T.V. Studios admitting an audience.
of the performing arts.
2. General Assembly Uses
(a) Cultural and
Libraries, Museums, Art Galleries
Civic
Court Rooms, Meeting Rooms
Council Chambers
(b) General
Community Halls, Lodge Halls
Assembly
Dance Halls, Gymnasia, Auditoria
Bowling Alleys
(c) Educational
Schools, Colleges (non- residential)
(d) Place of
Churches and similar places of war-
Worship
ship.
Church Halls
(e) Passenger
Passenger 1'erminals
Assembly
(f) Club and
Private Clubs and Lodges (non-
Lodge
residential)
(g) Catering
Restaurants, Bars, Lounges
(h) Funeral
Funeral Homes and Chapels
Home
(i) Child Care
Day Care Centres
Ul Amusement
Electronic Games, Arcades, Pinball
Parlours, Poolrooms
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Town of Makkovik Development Regulations
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEM-
3. Arena-type
(a) Indoor Assembly
Arenas, Armouries, Ice Rinks
BLY USES
Uses
Indoor Swimming Pools
(continued)
4. Open-ai1·
(a) Outdoor
Bleachers, Grandstands, Outdoor ce
Assembly Uses
Assembly
Rinks and Swimming Pools
Amusement Parks and Fair-groun s
Exhibition Grounds, Drive-in The tres
B. JNSTITU-
1. Penal and
(a) Penal and
Jails, Penitentiaries, Police Statior ~
TIONAL
Correctional
CoJTectional
(with detention quarters), Prisons
USES
Institutional Uses
Detention
Psychiatric Hospitals (with detenti pn
quarters), Reformatories
2. Special Care
(a) Medical
Children's Homes, Convalescent f omes
Institutional Uses
Treatment and
Homes for Aged, Hospitals, Infirn aries
Special Care
Orphanages, Psychiatric Hospitals
Sanatoria
C.RESIDEill-
1. Residential
(a) Single Dwelling
Single Detached Dwellings
!AL USES
Dwelling
Family & Group Homes
Uses
(b) Double Dwelling
Semi-detached Dwelling, Duplex
Dwellings, Family & Group Homes
(c) Row Dwelling
Row Houses, Town Houses
Family & Group Homes
(d) Apartment
Apartments, Family & Group Hor es
Building
D.W. Knight Associates
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Town of Makkovik Development Regulations
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDENTIAL
2. General
(a) Collective
Residential Colleges & Schools
USES (continued)
Residential Uses
Residential
University & College Halls of
(continued)
Residence
Convents & Monasteries
Nurses and Hospital Residences
(b) Boarding
Boarding Houses
House
Lodging Houses
Residential
( c) Commercial
Hotels & Motels, Hostels
Residential
Residential Clubs
(d) Seasonal
Summer Homes & Cabins
Residential
Hunting & Fishing Cabins
(e) Mobile
Mobile Homes
Homes
D. BUSINESS
1. Business,
(a) Office
Offices (including Government
&PERSONAL
Professional, and
Offices), Banks
SERVICE USES
Personal Service
Uses
(b) Medical &
Medical Offices and Consulting
Professional
Rooms, Dental Offices & Surgeries
Legal Offices, Similar Professional
Offices
(c) Personal
Barbers, Hairdressers, Beauty
Service
Parlours
Small Aooliancc Repairs
(d) General
Self-service Laundries, Dry Cleaners
Service
(not using flammable or explosive
substances)
Small Tool and Appliance Rentals
Travel Agents
D.
, Knight Associates
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Town of Makkovik Development Regulations
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
D. BUSINESS &
PERSONAL
SERVICE USES
(continued)
E. MERCANTILE
USES
F. INDUSTRIAL
USES
D.W. Knight Associates
DIVISION
I. Business,
Professional &
Personal Service
Uses
(continued)
!. Retail Sale and
Display Uses
I. Industrial uses
involving highly
combustible and
hazardous
substances and
processes.
CLASS
EXAMPLES
(e) Communications
Radio Stations
Telephone Exchanges
(f) Police Station
(g) Taxi Stand
(h) Take-out Food
Service
(i) Veterinary
Police Stations
Without detention
quarters
Taxi Stands
Take-out Food Servic~
Vetennary Surgeries
(a) Shopping Centre
Shopping Centres
(b) Shop
(c) Indoor Market
Retail Shops and Star<~
and Showrooms
Department Stores
Market Halls
Auction Halls
(d) Outdoor Market
Market Grounds Anin: ~
Markets
(e) Convenience
Store
(a) Hazardous
Industry
Produce and Fruit Sta ds
Fish Srnlls
Confectionary Stores
Col'ncr Stores
Gift Shops, Specialty
Shops
Bulk Storage of
hazardous liquids and
sub-stances. Chemica
Plant>
Distilieries, Feed Mill ,
Lacquer, Mattress, Pai 1t,
Varnish, and Rubber
Factories, Spray Painting
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Town of Makkovik Development Regulations
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F.INDUST-
2. General Industrial
(a) General
Factories, Cold Storage Plants
RIAL USES
Uses involving
Industry
Freight Depots, General Garages
(continued)
Limited Hazardous
Warehouses, Workshops,
Substances and
Laboratories
Processes.
Laundries, Planing Mills, Printing
Plants
Contractors' Yards
(b) Service
Gasoline Service Stations
Station
Gas Bars
3. Light, Non-
(a) Light
Light Industry, Parking Garages
hazardous or Non-
Industry
Indoor Storage, Warehouses
intrusive Industrial
Workshops
Uses.
G. NON-
1. Uses not directly
(a) Agriculture
Commercial Farms, Hobby
BUILDING
related to building
Farms, Market Gardens &
USES
Nurseries
(b) Forestry
Tree Nursenes, Sylviculture
(c) Mineral
Quarries, Pits, Mines, Oil Wells
Workin-
( d) Recreational
Playing Fields, Sports Grounds,
Open Space
Parks
Play2:rounds
(e) Conservation
Watersheds. Buffer Strips, Flood
Plains
luchitecturcd, Historical and
Scenic Sites
Steep Slopes, Wildlife
Sanctuaries
( !) Cemetery
Cemetenes, Graveyards
(g) Scrap Yard
Car Wrecking Yards, Junk Yards
Scrap Dealers
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Town of Makkovik Development Regulations
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G.NON-
1. Uses not
(h) Solid Waste
Solid Waste Disposal
BUILDING
directly related to
Sanitary Land Fill
USES
building.
Incinerators
(continued)
(continued)
(i) Animal
Animal Pounds, Kennels, Zoo
Ul Antenna
TV, Radio and Communicatio ~s
Transmiuing and Receiving M asts
and Antennae
(k) Transportation
Airfields, Rail way Yards, Doc l<s
and Harbours
'
D.W. Knight Associates
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Town of Makkovik Development Regulations
SCHEDULEC
USE ZONE TABLES
This schedule contains tables showing the use classes that 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 following Use Zones are included:
D.W Knight Associates
Residential
Mixed Development
Community Service
Commercial
Industrial
Moravian Woods
Environmental Protection
Rural and Resource
Res
MD
CS
c
I
MW
EP
RR
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Town of Makkovik Development Regulations
USE ZONE TABLE
Zone Title:
Residential (Res) (Makkovik)
Permitted Use Classes (see Regulation 85)
Single dwelling, mobile home, double dwelling, conservation
Discretionary Use Classes (see Regulations 22 and 86)
Child care, office, recreational open space, medical and professional, personal services,
convenience store, row dwelling, apartment building, antenna
Standards - (Where Permitted)
Dwelling
Min Lot Area
Min Floor
Min
Min Bldg
Min
Min
Max ~ot
Max
Type
· m' (ff)
Area· mz
Frontage
Line
Sideyard
Rearyard
COVI -ag
Height
1 m2 =10.76ff
(ff)
- m (ft)
Setback· m Width· m
Depth· m
e ~ Yo
- m (ft)
lft)
lft\
lft\
Single
800
80
25
6"
2
9
3
8
Dwelling
(8608)
(860)
1821
120\
16.51
129.51
1261
Double
sso·
80'
35
6 ..
1.5
9
3
8
Dwelling
(5918)
(860)
(115)
(20)
15\
129.51
126)
Row
450'
65'
15'
8"
1.5
9
3
10
Dwelling
14842)
(700)
150)
(261
(5)
(29.5)
133)
Apt Bldg
200'
40'
36
8"
5
14
3
10
1 Bed
(2152)
(430)
(118)
(26)
(16.5)
(46)
(33)
ADI
2Bed
250'
so·
36
s··
5
14
3
10
Apt
126901
1538\
1118\
126)
116.51
f46l
1331
3 Bed
2so·
70·
36
8"
5
14
3
10
Apt
130121
1753\
I 1181
126\
f16.5l
1461
1331
4 Bed
300'
70'
36
8"
5
14
3
10
Apt
132281
1753\
11181
126)
(16.5)
1461
133)
.
per dwelling unil
..
or in accordance with the requirements of Works, Services & Transportation
!
1 m = 3.28 sq. ft.; 1 sq. m. = 10.76 sq. ft.
.. I
r;) i
' -j
I I
-.,
CONDITIONS FOR RESIDENTIAL ZONE
I. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted (at the discretion of 1 he
Authority provided that they are compatible or complementary to uses within the perm tted
use classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
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Town of Makkovik Development Regulations
2. Discretionary Uses -Site Standards
Unless otherwise specified in the Use Zone Table or in these conditions, discretionary use
classes involving buildings shall confonn to the frontage, building line setback, sideyard,
rearyard, lot coverage and height requirements specified for a single dwelling.
3. Accessory Buildings
a) The total of all accessory buildings associated with a residential use shall have a lot
coverage no greater than 7% up to a maximum of 30m2 (32 ft2) and no accessory
building shall have a height of more than 3 metres (10 ft).
b) No accessory building shall project in front of any building line setback.
4. Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following
conditions:
a) The store shall form pan of, or be attached to a dwelling unit.
b) The retail use shall be subsidiary to the residential character of the area, and shall not
negatively affect residential anienities of adjoining properties.
5. Medical, Professional and Personal Service Uses
Medical, professional and personal service uses may be permitted as a discretionary use in a
dwelling unit in the form of doctors' consulting rooms, personal services, small business
services, small appliance repair and sporting goods repair service and similar uses provided
that:
a) The use is clearly a subsidiary use to the residential use and does not detract from the
residential character of the neighbourhood and forms part of or is attached to a
dwelling unit in which the owner or operator of the business resides.
b) No wholesale sales or storage of goods is can·ied out, any retail sales are incidental
and subsidiary to the approved use and that no repairs to vehicles or heavy equipment
are can"ied out.
c) Activities associakd with the use are not hazardous and do not cause noticeable
noise, odour, dust or fumes, an inconvenience or a nuisance to the occupants of
adjoining residences.
d) Not more than twenty-five (25) percent of the total floor area of the dwelling up a
maximum of forty-five square metres is devoted to the use.
6. Subdivision Development
a) Refer to the Subdivision of Land section which forms Part IV of these Regulations.
b) With regard to residential subdivision design and in addition to the requirements of
Part IV of these Regulations the Authority may require that;
D. . Knight Associates
street layout and placement of building lots conform to natural features and
topography as much as possible and a grid pattern be avoided;
page 39
Town of Makkovik Development Regulations
at least two accesses from the subdivision to a collector or arterial street b<
provided;
waterbodies and watercourses be not altered and, if possible, integrated w; lh
open space and park areas;
original trees and plant growth be left on building lots and open space arei s;
open space areas are landscaped and free of garbage and refuse;
utility poles are placed at the backs of building lots.
7. Mobile Home
With the exception of the following standards, all other development standards for resic ~ntial
development shall apply to mobile home development:
a) Minimum Floor area
b) Minimum Rearyard depth
8. Protection of Water Sources and Environment
All development applications within 15 metres (49 ft) of a waterbody or watercourse or that
may otherwise have a negative effect on the environment shall be subject to the review md
approval of the Environmental Investigations Division of the Department of Environment and
Lands.
9. Lot Area
The requirements of the Department of Health or Environment and Lands are that the
minimum area of land required per dwelling unit, subject to the water and sewer service~
available, are as follows:
Available Services
With a municipal water supply and
connection to a municipal sewer or to a
private sewer discharging directly to the
se:i.
Wilh a municipal piped water supply
and se\vage disposal by septic tank and
tile field.
10. Advertisements Relating to Onsite Uses
Required
Lot Area
800m2
8608 ft2
1400 m'
15064 ft2
The conditions which shall apply to the erection or display of an advertisement on any pt or
site occupied by a use permitted or existing as a legal non-conforming use in this zone, ~ha!
be as follows:
a) The size, shape, illumination and material construction of the advertisement sha meet
the requirements of the Authority, having regard to the safety and convenience c f
users of adjacent streets and sidewalks, and the general amenities of the surroun ing
area.
b) No advertisement shall exceed 5 square metres (54 square feet) in area.
D.W. Knight Associates
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Town of Makkovik Development Regulations
11. Advertisements Rclnling to Offsite Uses
The conditions to be applied to tl:le 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:
a) Each advertisement shall not exceed 3 square metres (32 square feet) in area, When
the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to the premises to which they relate.
b) 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.
12. Occupancy Permit
All dwellings must have properly finished exteriors and an occupancy permit must be issued
by the Authority before the dwelling may be inhabited.
13. Child Care
A child care operation may be permitted as a discretionary use under the following
conditions:
i) That it form part of, or be attached to, a dwelling uuit, and
ii) That it not negatively affect residential amenities of adjoining properties.
14. Row and Apartment Housing
Row or apartment dwellings may be permitted to satisfy the needs of, eg, families, seniors
or other special needs groups, provided Council is satisfied that siting and servicing
requirements have been met.
D.W Knight Associates
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Town of Makkovik Development Regulations
USE ZONE TABLE
Zone Title:
Mixed Development (MD) (Makkovik)
Permitted Use Classes (see Regulation 85)
Single dwelling, mobile home, double dwelling, conservation
Discretionary Use Classes (see Regulations 22 and 86)
Row dwelling, apartment building, theatre, cultural and civic, general assembly,
education, place of worship, passenger assembly, club and lodge, catering, funeral
home, child care, amusement,findoor assembly, medical treatment and special care I
collective residential, boarding home, commercial residential, mobile home, office
medical & professional, personal service, general service, communications, taxi st nd,
police station, take-out food service, shopping centre, shop, indoor market, outdoo (
market, convenience store, service station, light industry, agriculture, general indm try,
veterinary, antenna, transportation, recreational open space, mineral exploration.
CONDITIONS
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of ti e
Authority provided that they are compatible or complementary to uses within the penr. tted
use classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
2. Development Standards
With the exception of residential development, the development standards for this zo1 e shal
be as follows:
a) Minimum Building Line Setback
b) Minimum Sideyard Width
c) Minimum Rearynrd Depth
d) Ma., imum Height
6 metres (20 feet)
4 metres ( 13 feet)
10 metres (33 feet)
15 metres ( 49 feet)
All standards, conditions or other requirements of the Residential (Res) zone shall ap ly
with regard to residenlial development in the Mixed Development (MD) zone.
3, Advertisements
See Conditions 10 and 11 of the Residential (Res) zone.
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Town of Makkovik Development Regulations
4. Accessory Building
a) The total of all accessory buildings associated with a permitted use in this zone shall
have a lot coverage no greater than 7%, or 30m2 and each building shall have a
height of no more than 3 metres.
b) No accessory building shall project in front of any building line setback.
S. Outdoor Market
An outdoor market may, at the discretion of the Authority. include a used car lot, provided
due consideration is given to the size and scale of the development relative to surrounding
development and to the site itself. Due consideration shall also be given to buffering where
appropriate, off-street parking, and to the implications of traffic movement and/or congestion
as well as safe access.
6. Access
The number of accesses to the street shall be limited and designed to the satisfaction of the
Authority, having regard to the safety and efficiency of the street for both vehicles and
pedestrians.
7. Protection of Residential Use
Adverse effects of any proposed development on an adjacent existing residential use shall be
prevented or mii;imized through proper site planning and the provision of buffering by the
developer to the satisfaction of the Authority.
8. Protection of Water Sources and Environment
All development applications within 15 metres of any watercourse shall be subject to the
review and approval of the Environmental Investigations Di vision of the Department of
Environment and Lands.
9. Service Station
The following dn·elopment standards shall apply to all proposed service stations.
i) All gaso:i1te pumps shall be located on pump islands designed for such purpose, and
to which ciutomobiles may gain access from either side.
ii) Pump islands shall be set back at a minimum 4 metres from the front lot line.
iii) 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 the street shall be 10 metres and the lot line between entrances
shall be c \early indicated.
10. Mobile Hon;c
i)
All conditions under the Residential (Res) zone apply except conditions: I, 2, 4, and
5.
ii) All stan,lards and conditions of the provincial Mobile Home Development
Regulatiuns shall apply with regard to any mobile home development.
iii) Backlot c~c:velopment shall not be pennitted in mobile home development.
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Town of Makkovik Development Regulations
11. Subdivision Development
i) Refer to the Subdivision of Land section which forms Part IV of these Re
ns"
ii) With regcird to residential subdivision design and in addition to the requiremen s of
Part IV C'l these Regulations the Authority may require that;
a) strecl layout and placement of building lots con form to natural features
topogrnphy as much as possible and a grid pattern be avoided;
b) at lecisl two accesses from the subdivisioll to a collector or arterial street e
pro' icled;
c) waterbodies and watercourses be not altered and, if possible, integrated w h
open space and park areas;
d) origin:il trees and plant growth be left on builclil lg lots and open space are s.
12. Row and Ap;1rtment Housing
Row or apartment dwellings may be permitted to satisfy the needs of, eg, families, se
other special needs groups, provided Council is satisfied that siting and servicing
requirements ha' '" been met.
13. Mineral Exploration
Mineral Explor"1im1 may be permitted; however, any proposed mineral development ill be
subject to a com1:rehensive environmental assessment.
14. Light and General Industry
Smaller scale li&n and general industrial uses such as repair, manufacturing, worksho sand
traditional uses r·clated to the fishery may be permitted, providing they are not ahazar or
nuisance to othc1 uses.
15. Transportation
Transpo1tation 1: .cs such as docks may also be permitted on the same basis as industri I uses.
D.W. Knight Associates
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Town of Makkovik Development Regulations
USE ZONE TABLE
Zone Title:
Community Service (CS) (Makkovik)
Permitted Use Classes (see Regulation 85)
Educational, cultural and ci vie, general assembly, place of worship, child care, medical
and professio11HI, medical treatment and special care and recreational open space
Discretionary Use Classes (see Regulations 22 and 86)
Theatre, passenger assembly, indoor assembly, outdoor assembly, antenna
L Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provic':cd that they are compatible or complementary to uses within the permitted
use classes or thctL their development will not inhibit or prejudice the existence or the
development of cuch uses.
2. Development Standards
With the exception of residential development, the development standards for this zone shall
be as follows:
a) Mi11: mum Building Line Setback
6 metres (20 feet)
b) Mii,; inum Sideyard Width
3 metres (10 feet)
c) Micirnum Rearyard Depth
6 metres (20 feet)
d) Masi mum Height
10 metres (322 feet)
3. Occupancy Permit
All dwellings must have properly finished exteriors and an occupancy permit must be issued
by the Authoritv tdNe the dwelling may be inhabited.
4. Protection or Residential Use
Adverse effects , ,f any proposed development (Jn an adjacent existing residential use shall be
prevented or rni11i111ized througl1 proper site planning and the provision of buffering by the
developer to the satisfaction of the Authority.
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Town of Makkovik Development Regulations
5. Protection of Water Sources and Environment
All development applications within 15 metres of any watercourse shall be subject tot e
review and apprm al of the Envirorunental Investigations Division of the Department
Envirorunent and Lands.
6. Outdoor Market
An outdoor market may, at the discretion of the Authority, include a used car lot, prov ed
due consideration is given to the size and scale of the development relative to surroun ing
development and to the site itself. Due consideration shall also be given to buffering
ere
appropriate, off-street parking, and to the implications of traffic movement and/or con estion
as well as safe access.
7. Public Assembly
Theatre, passenger assembly, indoor assembly and outdoor assembly uses may be pe
'tted,
provided Council's requirements for municipal services, site planning and land use
compatibility are met.
D.W. Knight Associates
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Town of Makkovik Development Regulations
USE ZONE TABLE
Zone Title:
Commercial (C)
(Makkovik)
Permitted Use Classes (see Regulation 85)
Light industry, communications, police station, indoor market, service station
Discretionary Use Classes (see Regulations 22 and 86)
General assembly, amusement, take-out food service, general industry, antenna, indoor
assembly, mineral exploration, recreational open space
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are compatible or complementary to uses within the permitted
use classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
2, Development Standards
The development standards for this zone shall be as follows:
a) Minimum Building Line Setback
b) Minimum Sideyard Width
c) Minimum Rearyard Depth
d) Maximum Height
3. Exterior of Buildings
All dwellings must have properly finished exteriors.
4, Protection of Residential Use
6 metres (20 feet)
3 metres (10 feet)
6 metres (20 feet)
10 metres (32.8 feet)
Adverse effects of any proposed development on an adjacent existing residential use shall be
prevented or minimized through proper site planning and the provision of buffering by the
developer to the satisfaction of the Authority.
5. Protection of Water Sources and Environment
All development applications within 15 metres of any watercourse shall be subject
to the review and approval of the Environmental Investigations Division of the
Department of Environment and Lands.
6. Service Station
The following development standards shall apply to all proposed service stations.
D.W Knight Associates
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Town of Makkovik Development Regulations
e) All gasoline pumps shall be located on pump islands designed for snch purpos , and
to which automobiles may gain access from either side.
f)
Pump islands shall be set back at a minimum 4 metres from the front Jot line.
g) Accesses shall not be less than 7 metres wide and shall be clearly marked, and
a service station is located on a comer Jot, the minimum distance between an a cess
and the intersection of the street shall be JO metres and the lot line between en
nces
shall be clearly indicated.
7. Access
The number of accesses to the street shall be limited and designed to the satisfaction o the
Authority, having regard to the safety and efficiency of the street for both vehicles and
pedestiians.
8. General Industry
General industry may be permitted if Council is satisfied about compatibility
with sunouncling uses the resolution of any servicing issues.
9. Mineral Exploration
Mineral Exploration may be permitted; however, any proposed mineral development
'11 be
subject to a comprehensive environmental assessment.
D.W. Knight Associates
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Town of Makkovik Development Regulations
USE ZONE TABLE
Zone Title:
Industrial (I)
(Makkovik)
Permitted Use Classes (see Regulation 85)
General industry, transpo1tation, light industry, service station, conservation
Discretionary Use Classes (see Regulations 22 and 86)
Passenger assembly, office, seasonal residential, catering, communications, shop,
outdoor market, antenna, recreational open space, mineral exploration
CONDITIONS
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are compatible or complementary to uses within the permitted
use classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
2. Development Standards
With the exception of residential development, the development standards for this zone shall
be as follows:
1. Minimum Building Line Setback
ii. Minimum Sideyard Width
uJ. Minimum Rearyard Depth
iv. MaximumHeight
3. Advertisements
See Conditions 10 and 11 of the Residential (Res) zone.
4. Access
6 metres (20 ft)
4 metres (13 ft)
10 metres (32.8 ft)
9 metres (29 .5 ft)
The number of accesses to the street shall be limited and designed to the satisfaction of the
Authority, having regard to the safety and efficiency of the street for both vehicles and
pedestrians.
5. Services
Industrial development shall not be permitted unless adequate services and fire fighting
capability designed to meet the needs of the particular industrial use is available.
D.W. Knight Associates
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Town of Makkovik Development Regulations
6. Protection of Residential Use
Adverse effects of any proposed development on an adjacent existing residential uses all be
prevented or minimized through proper site planning and the provision of buffering by the
developer to the satisfaction of the Authority.
7. Protection of Water Sources and Environment
All development applications within 15 metres (49 ft) of any watercourse shall be subj et to
the review and approval of the Environmental Investigations Division of the Departme t of
Environment and Lands.
8. Service Station
The following development standards shall apply to all proposed service stations.
a) All gasoline pumps shall be located on pump islands designed for such purpos , and
to which automobiles may gain access from either side.
b) Pump islands shall be set back at a minimum 4 metres (13 ft) from the front lo line.
c) Accesses shall not be less than 7 metres (23 ft) wide and shall be clearly mark d, and
where a service statiorr is located on a corner lot, the minimum distance betw nan
access and the intersection of the street shall be 10 metres (33 ft) and the lot Ii e
between entrances shall be clearly indicated.
9. Mineral Exploration
Mineral Exploration may be permitted; however, any proposed mineral development ill be
subject to a comprehensive environmental assessment.
10. Seasonal Residential
Seasonal worker housing may be permitted on Trap Point, on a renewable two-year ba is,
provided health and safety standards are met. Housing shall be substantial but of ate
orary
and removable nature (ie, mobile bunkhouse or trailer, not a camper trailer or tent) tha are to
be occupied for the fish processing season only. Council must also be assured that the site is
well managed and monitored in terms of its compatibility with community residents.
D.W. Knight Associates
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Town of Makkovik Development Regulations
USE ZONE TABLE
Zone Title:
Environmental Protection (EP) (Mak:kovik)
Permitted Use Classes (see Regulation 85)
Conservation
Discretionary Use Classes (see Regulations 22 and 86)
Antenna, recreational open space and mineral exploration
CONDITIONS
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are compatible or complementary to uses within the permitted
use classes or that their development will not inhibit or prejudice the existence or the
development of such uses and if determined by the Department of Environment that they will
not cause pollution or erosion of land.
2. Recreation
Only passive recreational activities such as hiking and canoeing shall be permitted in the
municipal watershed area.
3. Mineral Exploration
Mineral Exploration may be permitted; however, -my proposed mineral development will be
subject to a comprehensive environmental assessment.
D.W Knight Associates
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Town of Makkovik Development Regulations
USE ZONE TABLE
Zone Title:
Moravian Woods (MW) (Makkovik)
Permitted Use Classes (see Regulation 85)
Conservation, recreational open space
Discretionary Use Classes (see Regulations 22 and 86)
Antenna, agriculture and forestry
CONDITIONS
1. Restriction
No person shall use any land within the Moravian Woods Zone for any forestry use,
including any domestic cutting, without the written permission of the Authority
2. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of tl e
Authority provided that they are compatible or complementary to uses within the perm tted
use classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
D.W. Knight Associates
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Town of Makkovik Development Regulations
USE ZONE TABLE
Zone Title:
Rural and Resource (R) (Mak.kovik)
Permitted Use Classes (see Regulation 85)
Mineral workings and exploration, conservation
Discretionary Use Classes (see Regulations 22 and 86)
Cemetery, transportation, communications, recreational open space, solid waste disposal,
antenna, ag1iculture
CONDITIONS
1. Restriction
No development shall be permitted in the watershed of Ranger Brook or Ranger Brook Pond.
2. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided they are compatible or complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
3. Mineral Workings
3.1 Applications
All applications for any mineral working or related development or for any development
within the recommended buffer shall be subject to the review and approval of the
Departments of Mines and Energy and Environment.
3.2 Separation from Adjacent Uses
Unless the Authority is satisfied that the working will not create a nuisance and will not
adversely affect the amenity of the specified development or natural feature, no mineral
working sball be located closer than the minimum distances set out below to the specified
development or natural feature.
D.'11 Knight Associates
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Town of Makkovik Development Regulations
Minimum Distance of Pit or Quarry Working
Existing or Proposed Residential Development (Borrow Pits)
Bedrock Quauies, or where blasting may take place
Waterbod y or Watercourse
3.3 Screening
300 metres (984 ft
!OOO metres (3280 )
50 metres ( 164 ft
A mineral working shall be screened in the following manner where it is visible from public
street or highway, developed area, or area likely to be developed during the life of the
working:
(a) Where no tree screens exist of sufficient width and density to constitute a visuals reen,
earthen berms shall be constructed to a height sufficient to prevent visibility fro
any
part of U1e mineral working operation from adjacent uses (excepting forestry and
agriculture) or adjacent public highways and streets. The berms shall be landscap
to
the Authority's satisfaction.
(b) Where natural topography creates a visual screen between mineral workings and
adjacent land uses, additional screening may not be required.
(c) Where effective screening for any mineral working or associated processing or
manufacturing use cannot be installed or located as required above, the Authority may
refuse to permit the mineral working or associated activity.
3.4 Fencing
The Authority may require tlm mineral working si1c or excavated area of a pit or qu
working to be enclosed by a fence designed and constructed to its specifications and n less
than 1.8 metres (6 feet) in height.
3.5 Water Pollution
No mineral working or associated st01m or sanitary drainage shall unacceptably reduc the
quality of water in any waterbed or watercourse. Any access road to a pit and quarry w rking
which crosses a brook or stream shall be bridged or culverted at the crossing in accord
with the Regulations of the Depmtment of Environment and Lands.
3.6 Water Ponding
No mineral working shall result in the excavation of areas below the level of the water ble
nor in any way cause the accumulation or ponding of water in any part of the site. Sett ng
ponds may be permitted with tile approval of the Depa11ment of Environment and Lan s.
3.7 Erosion Control
No minernl working shall be carried out in a manner so as to cause erosion of adjacent and.
3.8 Site tl1aintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned
equipment and any derelict buildings.
3.9 Access Roads
During extended periods of shutdown, access roads to a mineral working shall be ditc
d or
barred co the satisfaction of the Authority.
D.W. Knight Associates
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Town of Makkovik Development Regulations
3.10 Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron stained layer,
shall be stripped and stockpiled at least 5 metres (16 feet) from active quarry or stockpile
areas. The owner or operator shall ensure that the quantity of the topsoil is not affected by
dilution with other materials.
3.11 Operating Plant and Associated Processing and l'v!anufacturing
The Authority may pennit processing and manufacturing use associated with mineral
workings provided that, in the opinion of the Authority, the use does not create a nuisance nor
is liable to become a nuisance or offensive by the creation of noise or vibration, or by reason
of the emission of fumes, dust, dirt, objectionable odour, or by reason of unsightly storage of
materials.
All permanent or temporary buildings, plants and structures associated with processing and
manufacturing will be located so as not to interfere with the present or future extraction of
aggregate resources.
The Authority may specify a minimum separati0n distance betwee11 operating plant or
associated processing and manufacturing structure or equipment a11d adjacent developed
areas likdy to be developed during the life of the mineral working.
3.12 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 degrees or to the
slope conforming to that existing prior to the mineral working.
c) Topsoil and many organic materials sl.all be re-spread over the entire quarried
area.
d) The access road to the working shall be ditched or barred to the satisfaction or the
Authority.
e) If the mineral working contains reserves of material sufficient to support further
extraction operations, the Authority may require the work described above to be
carried out only in areas of the site where extraction has depleted reserves.
f) Prior to commencement of the minenl working, Counci 1 may require the
developer to post a bond to be repaid once site rehabilitation has taken place. The
amount of the bond shall be no less thn l0% (ten pc1·,ce11t) of the estimated cost
of site rehabilitation, which shall be re;J~iid with interest upon satislactory
termination and rehabilitation of the site.
4. Protection of Water Sources and Environment
All applications for development within 15 metres (49 feet) of any watercourse shall be
subject Lo tbe review and approval of the Environmental Investigations Division of the
Department of Environment and Lands. No development of any type is permitted in the
Protected Wate1 shed area.
D.W Knight Associates
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Town of Makkovik Development Regulations
5. Recreational Open Space Uses
i)
No development of this kind shall be approved if it will have noticeable off-si
effects from pollution, noise, visual impact or traffic which cannot be conside d
acceptable, or which cannot be made acceptable within the context of the surr unding
area.
ii) A site plan must be included with proposals for recreational, open space uses aving
more than two on-site activities; or for extensions or additional activity at the "te of
existing development of this kind. The site plan must clearly depict in proper s ale
and proportion the layout of all existing and proposed features of the site inclu · g
activities, buildings and parking areas as well as any other items that Council
y
reg uire.
iii) Buffers of existing plant growth must be retained around Lhe site, including th
parking area and any part fronting along a public road for a depth of at least 3
fret). Landscaping of buffers, parking areas, accesses and of the entire develo
in general is required and must be to the satisfaction of Council.
iv) All buildings on-site and otherwise associated with this development must hav
properly rmished exteriors and be maintained to the satisfaction of Council.
6. Solid Wnste Disposal
(i) A buffer ofnot less than 1.6 km will be maintained around the municipal solid
disposal site (see Map 1) to protect against smell, rodents and other adverse
environmental effects. Within the buffer zone, residenti:i' use may be permit!
through infilling/rounding out of existing development and as otherwise allow
in
Lllis Plan. except where it further encrnaches on the waste disposal siLe.
(ii) A new municipal solid waste disposal site rnay be permi1ted subject to meetin
cnvirnnrnental and buffering requirements.
7. Buffering Adjacent to Water Bodies
An envirnnment:il buffer a minimum width of 15 metres (49 feet) sh:ill be preserved al ng the
high water :nark of all bodies of water, including rivers, streams, ronds and wetlands.
y
development within the water or within the designated buffer urc:i rnust be approved u der
Section 48 of the Water Resources Act prior to the Ollll"t of construction.
8. Agriculture
Uses that may be permitted in this use class include traditional resource-based activitie such
as home gardening and fur farn1ing.
D.W. Knight Associates
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Town of Makkovik Development Regulations
SCHEDULED
GUIDE TO OFF-STREET PARKING
l. The off-street parking requirements for land uses set out in Schedule B are addressed in
the following table. Tbey include some uses existing in tlte Town and some that may be
contemplated by Council at a future date.
2. In the case of developments that include more than one land use, these standards shall be
regarded as cumulative.
3.
Adequate off-street provision for drop-off and pickup of persons shall be provided in
developments where required, such as uses within the education, passenger assembly,
child care, medical treatment and special care, commercial residential and take-out food
service use classes.
GROUP
DIV
CLASS
MINIMUM REQUIREMENTS
A
1
a) Theatre
One space for everv 5 s~::ts
2
a) Cultural & Civic
One space/50 square meters of gross floor area.
b) General
One spHce/10 square meters 1lf gross floor area.
Assemblv
c) Educational
Schools - 2 spaces/classroom
Further education - 1 space/5 persons using the facilities
(students, faculty & staff).
d) Place of
One space/5 seats
Worshio
e) Passenger
As specified by the Authority
A8'<"rnblv
f) Club & Lodge
C)ne space/3 persons th<it 1n~1y be ncco1nmodated at one
time
g) Catering
One space/3 persons that ma~ be accommoclated at one
tiine
h) Funeral Home
One snaceJlO t-.cuare meters of 2:ross floor area
i) Child Care
One spuce/20 square meters of gross floor area
j) A musemcnt
One SI) ace/ 10 sauare meters of 2ross floor area
3
a) Indoor
As specified by the Authonty
Assembly
4
a) Ot:tdoor
As specified by the Amhority
f\s.., · rnblv
B
l
' a) r,:nal &
,\s spc\.:ified by the Authorily
I Currecuon.'.l!
Detention
D.W Knight Associates
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2
c
Town of Makkovik Development Regulations
a) ~::dical
Tre:1111"1ent &
Special Care
One space/2 patients
a) S111ele Dwelling
Two spaces/dwelling unit
b) Double
Two spaces/dwelling unit
D'.velling
c) Row Dwelling
Two spaces/dwelling unit
d) Apartment
Three S[Xtces/2 dwelling unir.:;
Bui:ding
a) C dlective
Re::i
1·"cntial
1------1----+~'
b) C <llll.1nercial
2
As specified by the Authority
One space/guest room
D
Re~.Ji.::ntial
c) Se:isonal
Re:-o ~:-~ntial
d) Mobile Home
1
a) Office
One space/residential unit
Two spaces/dwelling unit
One sp;ice/20 square meter..:; of gross floor area
C>ne ::;pace/20 square meter~ of gross floor area
I
bi t-.lcdic"l &
Pn1:,_:-<;;_-;ional
----··re·;-·; ,-;·;:~·:;-n-a,-1 -=s-erv_,ic-e-1--o-11_e_s_a,-a-ce-/"2..,o_s_a,-u-a-re_m_e_te_r_s_o-of-
oiro_s_s-fl"'o_o_r_a_r_e_a--1---1
1------1----+-'-'-'
I ci l - ""c-ral Service
C·nc space/20 square meters of gross floor area
>------+---·i-~
e) l 1r.munications
A .. soecified bv the Authority
1------+----+~-
f) i'--l1ve Station
;\-.specified by the Authority
gJ' "i Stand
As specified by the Authority
1------+----+-"'-
h) ·, .1h.e~out Food
()ne space/20 square meters of gross floor area
Ser\ ice
i) Veterinary
One <pace/20 square meters of gross flonr area
1------+----1-----------+--·-.. -.. - .. --------------+-__,
E
>-----+---J-c_) . ii r )-"_,~_,---t-O_:'_e_s"'1'_~1c~·e_1~2 .... o .... s_,q .... u .... ar"e_m=e_te_r_, _o_f_.g_ro .... s"'s .... fl
.... o
.... o
.... r_a .... r .... e .... a_-+---1
c1 I h1r i\!arket
,1. specified bv the Authontv
1------+----+--'-'-
>-----+---l-cl_1 _· 11 l.Jnor .Market
;.\. :-;pccified by the Auth0ri1~v-,----c=-----+-----i
c) (, · : ;cnience
(J:·e sp~ice/20 square mete1:- of gross floor area
Stc1. ._::-;
F
a) I~az~irclous
One .space/en1ployee
lnd·1~1ry
2
al c;encrnl fndustrv
One space/employee
1------1------+--'-
b 1 > .:1" i,._·i: Station
>------+---+---
3
al 1 .... 111111clustrv
'------'----'--
O.W. Knight Associates
~ .. 1
.. 1.: .. ~Ece/20 s.ciuare meter;.. 11f !.!rOSS tli_hir area
() 1"' sp<1ceh.1111; lovee
page 58
D.W Knight Associates
Town of Makkovik Develop",ent Regul~tions
SCHEDULEE
LAND USE ZONING ~1APS
(ATTACHED)
page 59
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TOWN OF MAKKO IK ~
DEVELOPMENT REGULATIONS 2005 - 2015
/\,.. 1
LAND USE ZONING .t/1t' (}__
lf.-J'l.I
MAP 1
.- y - '(/
RURAL & RESOURCE
RR
ENVIRONMENTAL PROTECTION
EP
WASTE DISPOSAL SITE BUFFE AREA
SCALE 1 : 50000