Town of Marystown Development Regulations 2017–2027
Marystown, Newfoundland and Labrador
· adopted 2019-06-14
This is the exact embedded text of the captured official document.
Snapshot e138905112bd · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Town of Marystown
Development Regulations
2017-2027
TRACT
CONTACT INFORMATION:
100 LEMARCHANT ROAD I ST. JOHNS, NL I A1C 2H2
CANADA
2019
in the localzwspaper, t
-
set the20 TA day of
tZ
-
\ , - ..... -
....
URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO APPROVE
THE TOWN OF MARYSTOWN
DEVELOPMENT REGULATIONS, 2017-2027
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning Act 2000,
the Town Council of Marystown:
-
opted the Development Regulations for the Town of Marystown on the p2,, day of
4li
i
ttri/ cs
, 2019.
gave notice of the adoption of the Development gulations for the Town Marysto 1 by
advertisement inserted on the ,291Y1
day of
, and the
day of
Al
, at 7.'
0
-
at the Town Hall, 2019, for the holding of a
public hearing to consider objections and sub issions.
-
A number of written objections with respect to the Development Regulations were received at the
Marystown Town Office within the time stipulated in the notice of public hearing and the hearing
proceeded as advertised.
-
The Town Council of Marystown considered the Commissioner's report and approved the
Marystow Development Regulations, 2017-2027, at a regular meeting of Council held on
i / , 2019, with the following changes:
(1) Changes to the Front yard setback within Industrial use class:
INDUSTRIAL USE CLASS
DEVELOPMENT STANDARDS
Minimum Standards
Front yard (building line) (m)
5
-
Exception: Industrial zone where
if fronts on McGettigan Drive,
Atlantic Place, and Route 210
10
Side yard. (m)
5
Flanking yard (m)
8
Rear yard (m)
15
Maximum Standards
Height (m)
15
3
SIGNED AND SEALED this
day of
Mayor:
Town Manager/Clerk:
-
(2) provided the correct map location in Section 4.1.2 for the Beau Bois archaeological site as -
follows:
-
-
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town Council of
Marystown approves the Development Regulations for the Town of Marystown as adopted (or as
amended as follows).
Developmeni Regulations/Amendment
REGISTERED
Number
-- D.0;:i\o- 0CX:3\
Date
2,42,4a
(Council Seal)
-
Signal
-
Mayor:
Municipal Clerk:
wc4 625 )9(4q
Member o Canadian Institute of Planners (MCIP)
- URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO ADOPT
TOWN OF MARYSTOWN
DEVELOPMENT REGULATIONS, 2017-2027
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town Council of
Marystown adopts the Marystown Development Regulations (2017-2027).
TAle Divelopme
gulations (2017-2027) were adopted by the Town Council of Marystown on the
oftl/4 day of
4ft U4(
, 2019.
2 fol
Signed and sealed thisA/ day f
, 2019.
Town of Marystown seal
CANADIAN INSTITUTE OF PLANNERS (CIP) CERTIFICATION
I certify that the Town of Marystown Development Regulations (2017-2027) have been prepared in
accordance with the requirements of the Urban and Rural Planning Act (2000) of the Province of
Newfoundland and Labrador.
-,
-
- ,.'"1";)
y -
1.1 I
I
-
-
-
-
TABLE OF CONTENTS
1.0
AUTHORITIES AND RESPONSIBILITIES
1
1.1
APPLICATION
1
1.2
PERMIT RESPONSIBILITIES
1
1.3
AMENDMENT TO PLANNING DOCUMENTS
1
1.4
LEGAL EFFECT
1
2.0
ADMINISTRATION OF THE REGULATIONS
3
2.1
WHEN IS A PERMIT REQUIRED
3
2.2
APPLICATION FORA PERMIT
4
2.2.1 Who can apply and how
4
2.2.2 Application Requirements for All Applications
4
2.2.3 Application Information Requirements for Discretionary Uses
5
2.2.4 Application Information Requirements for Comprehensive Development
5
2.3
LAND USE ZONING AND DEVELOPMENT STANDARDS
6
2.3.1 Land Use Zones
6
2.3.2 Land Use Zone Tables: Permitted and Discretionary uses
7
2.3.2.1 Permitted Uses
7
2.3.2.2 Discretionary Uses
7
2.3.2.3 Accessory Uses and Accessory Building
8
2.3.2.4 Uses Not Permitted
8
2.3.2.5 Uses Permitted in All Land Use Zones
8
2.3.3 Development Conditions and Standards
8
2.4
OPTIONS IF YOUR PROPOSAL DOES NOT FIT THE LAND USE ZONES OR DEVELOPMENT
CONDITIONS/STANDARDS
9
2.4.1 Variances
9
2.4.2 Infill Development
9
2.4.3 Non-Conforming Uses
10
2.4.4 Amendment to Development Regulations
11
2.5
COUNCIL DECISION-MAKING
11
2.5.1 Timely Decision-making
11
2.5.2 Deferment of Application:
11
2.5.3 Public Notice
12
2.5.4 Briefing Sessions
12
2.5.5 Approval in Principle
13
2.5.6 Approval of Development Permit
13
2.5.7 Temporary Use Permit
14
2.5.8 Correction of Errors and Remedial Work
14
2.5.9 Revoke Permit
14
2.5.10 Fee for Permit
14
2.5.11 Written Reasons for Refusing or Setting Conditions on a Permit
15
2.5.12 Refusal: Premature development
15
2.5.13 Discretionary Decision-making Powers of Council
15
2.5.14 Register
15
2.6
SPECIAL CONDITIONS FOR DEVELOPMENT
15
2.6.1 Development Agreement
15
2.6.2 Planning Impact Analysis
16
0
2.6.3 Financial Guarantees by Developer
17
2.6.4 Service Levy
18
2.6.5 Require Land Conveyed for Public Work Purpose
18
2.6.6 Land for Park/Public Use in Subdivisions
18
2.6.7 Restoration of Land
18
2.7
APPEALS
18
2.8
ENFORCEMENT AUTHORITY
23
2.8.1 Delegation of Authority
23
2.8.2 Right of Entry
23
2.8.3 Enforcement Authorities
23
2.9 NATIONAL CODES AND REGULATIONS
23
3.0
LAND USE ZONES
24
3.1
RESIDENTIAL ZONES
25
3.1.1 Residential Traditional Community Zone
25
3.1.2 Residential Rural
28
3.1.3 Residential High Density
30
3.2
COMMERCIAL ZONE
32
3.3
MIXED USE ZONE
34
3.4
INDUSTRIAL ZONE
36
3.5
PUBLIC/INSTITUTIONAL ZONE
38
3.6
CONSERVATION ZONE
39
3.7
PROTECTED WATER SUPPLY ZONE
41
0
3.8
RESOURCE ZONE
42
3.9
MINERAL WORKING ZONE
44
3.10 DEVELOPMENT SCHEME AREAS
45
3.10.1 RESIDENTIAL DEVELOPMENT SCHEME AREAS
45
3.10.2 MIXED DEVELOPMENT SCHEME AREAS
46
3.10.3 INDUSTRIAL DEVELOPMENT SCHEME AREAS
47
4.0
LAND USE DEFINITIONS AND DEVELOPMENT STANDARDS
48
4.1
GENERAL STANDARDS APPLICABLE TO ALL DEVELOPMENT
48
4.1.1 Access
48
4.1.2 Archaeological Sites
48
4.1.3 Buffers and Separation Distances Between Land Uses'
50
4.1.4 Comprehensive Development
51
4.1.5 Crown Land
52
4.1.6 Federal and Provincial Government Requirements
52
4.1.7 Protected Roads
52
4.1.8 Nuisance
53
4.1.9 Soil Removal, Soil Deposit and Site Grading
53
4.1.10 Water Body Protection
53
4.1.10.1
Watercourse or Wetland.
54
4.1.10.2
Protected Public Wellhead Water Supply Area
55
4.2
AGRICULTURE LAND USE CLASS
55
4.2.1 Commercial Agriculture:
55
4.2.2 Urban Agriculture
56
-
4.2.2.1
General Conditions.
56
-
-
-
4.2.2.2
Community Garden
56
4.2.2.3
Livestock and Poultry Standards
56
4.2.2.4
Kennel
56
4.2.3 Agriculture Development Area
57
4.3
COMMERCIAL LAND USE CLASS
57
4.3.1 Amusement Establishment/Use
57
4.3.2 Amusement Park/Attraction
57
4.3.3 Auto Body Shop:
58
4.3.4 Automotive Repair Shop
58
4.3.5 Automotive Sales and Service Establishment
59
4.3.6 Bar
59
4.3.7 Building Supply Store
60
4.3.8 Business Support Service
60
4.3.9 Campground, including RV campgrounds
60
4.3.10 Child Care -- non-residential
61
4.3.11 Club and Lodge
61
4.3.12 Contractor, Limited (Small)
62
4.3.13 Convenience Store
62
4.3.14 Custom Manufacturing Service (small/artisan)
63
4.3.15 Garage, Public
63
4.3.16 General Service/Repair
63
4.3.17 Hotel or Inn
63
4.3.18 Marina
64
4.3.19 Medical or Dental Clinic/Office
64
4.3.20 Motel
64
4.3.21 Outdoor Commercial Patio
65
4.3.22 Outdoor Market
65
4.3.23 Personal Service
66
4.3.24 Offices: Professional, Financial and Associated Support Services
66
4.3.25 Resort
66
4.3.26 Restaurants
67
4.3.26.1
Drive-Through and Take-Out
67
4.3.26.2
Full Service Restaurant
68
4.3.26.3
Mobile Take-Out or Street Vendor
68
4.3.27 Retail
69
4.3.28 Shopping Centres/ Retail Warehouse:
69
4.3.29 Service Station
69
4.3.29.1
Service Station -- Residential
70
4.3.29.2
Service Station --Highway
70
4.3.30 Veterinarian Clinic
70
4.4
INDUSTRIAL LAND USE CLASS
71
4.4.1 Aquaculture Facility
71
4.4.2 Crematorium
71
4.4.3 Composting Facility
71
4.4.4 Contractor, General
72
4.4.5 Energy Generation Facilities
72
4.4.6 Fishery Use
72
4.4.7 Forestry Activities
73
4.4.8 Industrial - General
73
4.4.9 Industrial -- Heavy And/or Hazardous
74
4.4.10 Industrial - Light
74
4.4.11 Industrial Mall
75
0
4.4.12 Mineral Exploration
75
4.4.13 Mineral Working
76
4.4.14 Natural Resource Use
80
4.4.15 Natural Resource-Related Uses
81
4.4.16 Salvage/Scrap Yard
81
4.4.17 Solid Waste Recycling/Disposal and Composting Site
82
4.4.18 Wind Turbine Generator (Commercial)
82
4.5 CONSERVATION
83
4.5.1 Environmental Protection Area
83
4.5.2 Open Space, Parks and Trails
83
4.5.3 Protected Water Supply Area
84
4.6
PUBLIC/INSTITUTIONAL
84
4.6.1 Cemetery
84
4.6.2 Institutional Use
85
4.6.3 Protective and Emergency Services
86
4.6.4 Public Gathering Places -Indoor
86
4.6.5 Public Gathering Places - Outdoor
87
4.6.6 Sports and Recreation Facilities
88
4.7
RESIDENTIAL LAND USE CLASS
88
4.7.1 General Conditions
88
4.7.2 Residential Dwellings
90
4.7.2.1
Residential Dwellings - Single Detached
90
4.7.2.2
Residential Dwelling- Semi-Detached (Double)
90
0
4.7.3 Townhouses
91
4.7.4 Mini-Home and Mobile Homes
91
4.7.5 Apartment Building
92
4.7.6 Cottage or Cabin
92
4.7.7 Group Home
93
4.8
PUBLIC INFRASTRUCTURE AND UTILITIES
93
4.8.1 Communications
93
4.8.2 Easement
94
4.8.3 Utilities
94
5.0
ACCESSORY USES & BUILDINGS, ANCILLARY USES, AND HOME BUSINESSES
95
5.1
ACCESSORY USES
95
5.1.1 General Accessory Uses
95
5.1.2 Subsidiary Apartments (including 'Granny suite)
95
5.1.3 Satellite Dish - Commercial
96
5.2
ACCESSORY BUILDINGS
96
5.2.1 Accessory Buildings -- General
96
5.2.2 Accessory Buildings - Residential Use Classes
97
5.2.3 Accessory Buildings -- Non-Residential
98
5.3
HOME BUSINESS IN THE RESIDENTIAL LAND USE CLASS
99
5.3.1 General Home Business
99
5.3.2 Development Conditions for Specific Home Businesses
101
5.3.2.1
Bed and Breakfast
101
5.3.2.2
Boarding House
102
-
-
-
-
5.3.2.3
Day Care: Residential
102
5.3.2.4
Parking for Home Business
103
6.0
BUILDINGS, LOT SITING AND LANDSCAPING AND SERVICES
104
6.1
BUILDINGS
104
6.1.1
Building Orientation
104
6.1.2
Building Quality
104
6.1.3 Heat Pump, Mini-Split Heat Pump, Air Conditioner, or External Fan
104
6.1.4 Heritage Building or Structure
105
6.2
LOT SITING AND LANDSCAPING
105
6.2.1
Lot Area
105
6.2.2 Lot Size Exceptions
105
6.2.3 Unsubdivided Land
105
6.2.4 Lot Frontage on a Public Street
105
6.2.5 Building Line and Setbacks
106
6.2.6 Flanking or Corner lots and double fronting lots
106
6.2.7 Side Yards
106
6.2.8 Zero Lot Line and other Comprehensive Development
106
6.2.9 Multiple Uses on One Lot
107
6.2.10 Back Lots
107
6.2.11 Outdoor Storage
108
6.2.12 Landscaping
108
6.2.12.1
General
108
6.2.12.2
Subdivisions
109
6.2.12.3
Residential
109
6.2.12.4
Commercial and Public Use/Institutional
110
6.2.12.5
Industrial
110
6.2.12.6
Screening and Landscaping
111
6.3
SERVICES
111
6.3.1
Streets and access to streets
111
6.3.2 Services and Public Utilities
111
6.3.3 Storm Water Management
112
6.3.4 Effluents
112
6.3.5 On-Site Services (Wells and onsite sanitary sewer systems)
112
6.3.6 Environmental Investigations
112
7.0
OFF-STREET LOADING, PARKING AND SIGNS
113
7.1
OFF-STREET LOADING REQUIREMENTS
113
7.2
PARKING
113
7.2.1 Parking Area Standards
113
7.2.2 Parking Development Plans
115
7.2.3 Off-Street Parking Requirements
115
7.2.4 Designated Mobility Impaired Parking Spaces
117
7.3.
SIGNS (ADVERTISEMENTS)
117
7.3.1
Permit Required
117
7.3.1.1
Signs/Advertisements Exempt from Control
117
7.3.1.2
Provincial Highway Sign Regulations, 1996 (under the Urban and Rural Planning Act, 2000)
118
7.3.1.3
Application for Permit
118
7.3.1.4
Signs/Advertisements Prohibited in Street Reservation
118
7.3.1.5
Permit Valid for Limited Period
118
7.3.1.6
Removal of Signs/Advertisements
118
7.3.1.7
Approval Subject to Conditions
119
III
7.3.1.8
Non-Conforming Uses
119
7.3.2 Sign Standards for Specific Zones
119
7.3.2.1
Advertisements Relating to Onsite Uses
119
7.3.2.2
Advertisements Relating to Offsite Uses on Local Roads
119
8.0
SUBDIVISION OF LAND
120
8.1
SUBDIVISION STANDARDS
120
8.1.1 Subdivision Standards apply
120
8.1.2 Subdivisions standards do not apply
120
8.1.3 Permit Required
120
8.1.4 Form of Application
120
8.1.5 Subdivision Subject to Zoning
120
8.1.6 Subdivision Permit Subject to Considerations
121
8.1.7 Building Permits Required
121
8.2
SUBDIVISION PERMIT REQUIREMENTS
121
8.2.1 Subdivision Development Agreement
121
8.2.2 Municipal Services to be Provided
122
8.2.3 Private Well water source: Groundwater Supply Assessment and Reporting
122
8.2.4 Fees, Service Levies and Development Charges
123
8.2.4.1
Subdivision Fees
123
8.2.4.2
Service Levies and Local Improvement Assessments
123
8.2.4.3
Deposit of Securities
123
8.2.4.4
Land for Public Open Space
123
8.3
SUBDIVISION DESIGN STANDARDS
124
III
8.3.1 General Subdivision Design Standards
124
8.3.2 Conservation Subdivision Design (Grouping of Buildings and Landscaping)
125
8.4
SUBDIVISION ENGINEERING STANDARDS
131
8.4.1 Engineer to Design Works and Certify Construction Layout
131
8.4.2 Developer to Pay Engineer's Fees and Charges
131
8.4.3 Street Works May Be Deferred
131
8.4.4 Construction of Utilities
132
8.4.5 Structures in Street Reservation
132
8.4.6 Transfer of Streets and Utilities to Council
132
8.4.7 Mini/mobile home park subdivision
132
9.0
DEVELOPMENT DESIGN GUIDELINES
133
9.1
PURPOSE AND APPLICATION
133
9.1.1 Purpose
133
9.1.2 Application
133
9.2
DEVELOPMENT DESIGN SUBMISSION FORMAT
134
9.2.1 Comprehensive Development Site Plan
134
9.2.2 Building Design Information
134
9.2.3 Landscape Plan
135
9.2.4 Signage Detail
135
9.2.5 Development Design Approval
135
9.3
RESIDENTIAL DEVELOPMENT DESIGN GUIDELINES (EXCEPT APARTMENT BUILDINGS)
136
9.3.1 Building Design
136
0
0
9.4
MULTI-UNIT/APARTMENT BUILDING DESIGN GUIDELINES
9.4.1 Building Design
138
138
9.4.2 Landscaping
141
9.4.3 Parking Area Design
142
9.4.4 Signage
143
9.5
COMMERCIAL DEVELOMENT DESIGN GUIDELINES
144
9.5.1 Building Design
144
9.5.2 Landscaping
145
9.5.3 Parking Area Design
146
9.5.4 Signage and other design considerations
147
9.6
INDUSTRIAL DEVELOPMENT DESIGN GUIDELINES
147
9.6.1 Site Design
147
9.6.2 Building Design
147
9.6.3 Landscaping
148
9.6.4 Parking Area Design
149
9.7
GREEN APPROACHES TO STORMWATER MANAGEMENT
149
APPENDICES
152
APPENDIX 1: PLANNING DEFINITIONS
153
APPENDIX 2: MINISTER'S DEVELOPMENT REGULATIONS
161
APPENDIX 3: LAND USE ZONING MAPS
170
-
-
-
1.0
AUTHORITIES AND RESPONSIBILITIES
1.1
Application
These Development Regulations apply to:
-
all persons proposing to undertake a land use and/or development within the Planning Area
boundary, whether residents or non-residents; and,
-
the Mayor and Councillors and their delegates as they make land use and development decisions.
All development, including the subdivision/severance of land, carried out within the Planning Area must
have a permit issued by Council in accordance with these Development Regulations.
1.2
Permit responsibilities
Even though an applicant may receive a municipal development permit, the applicant is responsible for
ensuring compliance with all relevant federal and provincial legislation, regulations, policies and
guidelines prior to commencing a land use or development approved under these Development
Regulations. Council may require proof of compliance prior to approval.
1.3
Amendment to planning documents
An amendment to the text of the Development Regulations or rezoning of the Land Use Zoning Map
which requires an associated amendment to the Integrated Community Sustainability Plan must follow
the amendment process set out in the Urban and Rural Planning Act, 2000 (Sections 14-25). An
amendment may be requested by any person and the associated costs are borne by that person.
An amendment to the text of the Development Regulations or rezoning of the Land Use Zoning Map
which does not requires an associated amendment to the Integrated Community Sustainability Plan
does not follow the full process set out above; however, section 14 public consultation is required as
part of the Council review process and this process along with the associated resolution of Council to
adopt the amendment must be submitted in the required form to the Department of Municipal Affairs
and Environment for Registration.
1.4
Legal effect
Upon publication of the notice of registration of these Development Regulations in the Newfoundland
and Labrador Gazette, the previous Development Regulations are hereby repealed and replaced.
Similarly, for amendments, publication in the Newfoundland and Labrador Gazette is required before
they are in legal effect.
These Regulations may be cited as the "Town of Marystown Development Regulations 2017", prepared
under the authority of Section 35 of the Urban and Rural Planning Act, 2000 (hereinafter called 'the
Act'). As required under Section 36 of the Act, the Ministerial Development Regulations 03/01 are
included in these regulations.
Town of Marystown Development Regulations 2017-2027
1
- 2.0 ADMINISTRATION OF THE REGULATIONS
This Section deals with the administration of processing permits for proposed land use and
developments and outlines: when a permit is required, the process for making an application for a
permit, the decision-making process by Council or it's delegate, including the conditions and
requirements that may be attached to the permit, the appeal process, and the enforcement
responsibilities of the Council.
Under Section 109 (2) of the Act, a council may to appoint/designate an employee of Council to approve
or reject applications to develop land in accordance with the plan and regulations and that employee
may outline the conditions applicable to that development. Council shall make that designation in
writing.
2.1
WHEN IS A PERMIT REQUIRED
All development and all subdivision (severance) of land carried out within the Planning Area must have a
permit issued by Council in accordance with these Regulations. These are defined in the Urban and Rural
Planning Act, 2000 as follows:
Development:
"...the carrying out of building, engineering, mining or other operations in, on, over or under land, or the
- making of a material change in the use, or the intensity of use of land, buildings or premises and the
i.
making of an access onto a highway, road or way,
ii.
erection of an advertisement or sign,
iii.
construction of a building,
iv.
parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an
office, or for living accommodation, and excludes the
v.
carrying out of works for the maintenance, improvement or other alteration of a 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,
vi.
carrying out by a highway authority of works required for the maintenance or improvement
of a road, being works carried out on land within the boundaries of the road reservation,
vii.
carrying out by a local authority or statutory undertakers of works for the purpose of
inspecting, repairing or renewing sewers, mains, pipes, cables or other apparatus, including
the breaking open of street or other land for that purpose, and
viii.
use of a building or land within the courtyard of a dwelling house for a purpose incidental to
the enjoyment of the dwelling house as a dwelling...";
and,
"Subdivision means the dividing of land, whether in single or joint ownership into 2 or more pieces for
the purpose of development". The requirements for subdivision development can be found in Section
-
8.
Town of Marystown Development Regulations 2017-2027
3
All development shall be carried out and maintained within the Planning Area in accordance with these
Regulations and any other by-law or regulation enacted by Council.
2.2
APPLICATION FOR A PERMIT
2.2.1
Who can apply and how
An application for a Permit or for Approval in Principle shall be made only by the owner or by a person
authorized by the owner to Council on such form as may be prescribed by Council;
Where Approval in Principle is granted under these Regulations, it shall be subject to the subsequent
approval by Council of the details and conditions as listed in the Approval in Principle, which shall be
received not later than one year from the issuance of the Approval in Principle. If the details and
conditions are not received, and there is no request for an extension (as per 2.5.5) then the Approval in
Principle is void and the application is rejected.
Council shall, on request, supply to every applicant a copy of the application forms and a description of
the plans, specifications, and drawings required to be provided with the application.
2.2.2
Application Requirements for All Applications
An application for a Development Permit shall contain the information needed to satisfy the applicable
requirements in these Regulations.
Every application shall include:
-
such plans, specifications and drawings as Council may require;
-
the permit fee required by Council;
-
all information required to process the application in accordance with these Regulations (see
below);
Such information shall include at least the following:
-
location of the site on a map;
-
details of proposed use: type, size and scale of operation, landscaping;
-
lot area, lot frontage, siting of structures;
-
contours and significant natural features such as wetlands, watercourses, drainage channels, and
slopes that exceed 15 percent, existing vegetation, trees;
-
existing streets, buildings, and land uses in the vicinity of the site;
-
a conceptual layout of proposed streets, trails, and other major components of the development;
-
proposed access/egress, parking, loading requirements;
-
proposed water supply, waste disposal and storm water drainage services; and,
-
a legal survey plan prepared by a registered Newfoundland and Labrador land surveyor.
Where the application involves a building, the following information shall be added to the lot
information, as appropriate:
-
Town of Marystown Development Regulations 2017-2027
4
il
-
-
siting of building on the lot, including building line setback and yards;
bulk and height, in terms of floor area and building height;
-
off-street parking, circulation, and loading, in terms of variables specified in Section 7.1; and
-
landscaping and buffers.
Un-subdivided Land: Development is not permitted on un-subdivided land unless sufficient area is
reserved to satisfy the yard and other allowances called for in the Use Zone in which it is located and the
allowances shall be retained when the adjacent land is developed.
2.2.3
Application Information Requirements for Discretionary Uses
Discretionary Uses may only be considered for an application to develop where:
-
the Discretionary Use is stated in the applicable Use Zone table (Section 3); and,
-
Council has, at the applicant's expense, published a notice in a newspaper circulating in the area of
the application and considered any representations or submissions received in response to that
advertisement.
In addition to the information requirements for lots and buildings in 2.2.1, an application for a
Discretionary Use shall contain the following information relating to Discretionary Uses involving
operation of a business/service:
-
floor area to be used for Discretionary Use,
-
number of employees employed on site, and
-
hours of operation.
2.2.4
Application Information Requirements for Comprehensive Development
In addition to the information in 2.2.2, the following requirements will apply to proposed
comprehensive development of large sites for commercial (including commercial recreational),
industrial, residential and public institutional development.
The Comprehensive Development application must contain the following:
-
Identification of Developable Area of site, indicating accommodation of site conditions such as
poor drainage, steep slopes, flooding potential and rocky ground;
-
Proposed siting of new buildings, or additions, including building square footage area size,
building height, and setback distances to property lines;
-
Building lot area coverage and floor area ratio where applicable;
-
Total number of proposed multi-unit residential dwellings, or strata unit commercial and/or
industrial units, and interior floor plans;
-
Layout drawing of proposed parking area, total number and size of parking spaces and
maneuvering aisles, access and egress locations to parking area, provisions for bicycle parking
where applicable, landscape screening for parking areas and storm water drainage
management;
Town of Marystown Development Regulations 2017-2027
5
-
Identification of outdoor amenity and open space improvement areas;
-
Identification of unenclosed storage areas and area size; and,
-
Overview of landscaping treatment and approach for the site development.
-
phasing of the development;
-
Street and servicing layout, including on-site road pattern and traffic and relation to surrounding
community in conformance with Town standards;
-
Indicate any issues related to the long-term maintenance of streets and other services;
-
Must meet the requirements of 4.1.4; and,
-
if required, an amendment to the Integrated Community Sustainability Municipal Plan and
Development Regulations for adoption by the Council.
2.3 LAND USE ZONING AND DEVELOPMENT STANDARDS
2.3.1
Land Use Zones
The Planning Area is divided into Land Use Zones which are shown on the Zoning Map attached to, and
forming part of, these Regulations. For each zone, the intent and governing policies are set out in
Section 3 of the Integrated Community Sustainability Municipal Plan.
The boundaries of the Use Zones shown on the Land Use Zoning Maps are general only and, except
where they coincide with roads, shorelines, or other prominent physical features, are not intended to
define exact limits. No zoning amendment shall be required in order to accommodate minor
adjustments of the Use Zone boundaries. Other than such minor boundary adjustments, no
development shall be permitted that does not conform to the Use Zone delineated on the Land Use
Zoning Maps.
Where there is uncertainty regarding the existence of a watercourse identified on the zoning map, this
can be confirmed in the field. If it is determined that the watercourse does not exist, the area in
question will be treated as if it is occurring within the surrounding zone.
For the Town of Marystown, the following zones were developed to reflect the needs of the community.
-
RESIDENTIAL ZONES:
RESIDENTIAL TRADITIONAL COMMUNITY
RESIDENTIAL RURAL
RESIDENTIAL HIGH DENSITY
-
COMMERCIAL ZONE
-
MIXED USE ZONE
-
INDUSTRIAL ZONE
-
PUBLIC/INSTITUTIONAL ZONE
-
CONSERVATION ZONE
-
PROTECTED WATER SUPPLY ZONE
-
RESOURCE ZONE
S
Town of Marystown Development Regulations 2017-2027
6
O
:
MINERAL WORKING ZONE
DEVELOPMENT SCHEME AREA ZONES:
r RESIDENTIAL DEVELOPMENT SCHEME AREAS (RDSA):
-
Southwest Arm RDSA
-
Markland Road RDSA
-
Marine Drive RDSA
-
Shoal Point RDSA
-
Little Bay RDSA
-
Spanish Room RDSA
MIXED DEVELOMENT SCHEME AREAS (MDSA):
-
Town Centre MDSA
-
Bayview MDSA
INDUSTRIAL DEVELOPMENT SCHEME AREA (IDSA)
The following sections explain how to interpret the Use Zone Table for each zone in Section 3.
2.3.2
Land Use Zone Tables: Permitted and Discretionary uses
The Use Zone Tables set out the permitted, and discretionary uses for each Zone. The standards,
requirements and conditions applicable to these Uses are set out in an associated Site Development
Standards table and also in more detail in Sections 4, 5, 6 and 7.
2.3.2.1 Permitted Uses
Subject to these Regulations, Permitted Uses set out in the Use Zone Table shall be permitted by the
Council in that Use Zone provided that it meets the development standards and requirements of the
Development Regulations.
2.3.2.2 Discretionary Uses
The discretionary uses listed in the Use Zone Tables may be permitted at the discretion of Council,
provided that they are complimentary to uses within the permitted use class, or that their development
will not inhibit or prejudice the existence or the development of such uses. (Refer to the Development
Standards set out in Sections 3, 4, 5, 6 and 7).
Council must be satisfied that the development would not be contrary to the general intent and purpose
of these Regulations, the Integrated Community Sustainability Municipal Plan, or any further scheme or
plan or regulation pursuant thereto, and to the public interest.
Council is required to provide public notice of the application in accordance with Provision 2.6.3 and has
considered any objections or representations which may have been received on the matter
Town of Marystown Development Regulations 2017-2027
7
2.3.2.3 Accessory Uses and Accessory Building
-
As set out in Section 5, Accessory means aiding or contributing in a secondary way to a principal use to
carry out its function. The definitions and examples of an accessory use and accessory building is
provided in Section 5.
A permit is required for accessory uses and accessory buildings.
2.3.2.4 Uses Not Permitted
Uses that are not listed as Permitted or Discretionary Use on a Use Zone Table shall not be permitted in
that Use Zone.
2.3.2.5 Uses Permitted in All Land Use Zones
The following uses will be permitted in any land use zone.
-
Conservation or open space uses including parks and pedestrian trails and lands set aside for
environmental protection purposes - Refer to section 4.5.
-
Mineral exploration not classed as 'Development' - Refer to 4.4.12.
2.3.3
Development Conditions and Standards
Development within the Planning Area must conform to:
-
Policies set out in the Integrated Community Sustainability Municipal Plan;
-
Development standards and conditions set out in the Development Regulations:
Section 1.0 - Authorities
Section 2.0 - Administration
Section 3.0 -- Use Zone Tables indicating permitted and discretionary uses
Section 4.0 - Land Use Definitions and Development standards (by land use class);
Section 5.0 - Accessory Uses & Buildings, and Home Businesses;
Section 6.0 - Building, Lot Siting, Landscaping and Services;
Section 7.0 - Off-street Loading, Parking and Signs;
Section 8.0 -- Subdivision of Land; and,
Section 9.0 -- Development Design Guidelines.
-
Standards set out in the National Building Code and ancillary codes (plumbing, electrical, etc.);
-
Any other municipal regulation in force in the Planning Area regulating or controlling development,
conservation, heritage, fences, and use of land and buildings under the Municipalities Act, 1999;
-
Requirements of federal and provincial legislation, regulations, and policy and guidelines.
If Council is aware that a proposed development may not comply with a particular provincial or federal
act or regulation, it may require the applicant to provide confirmation that necessary government
approvals have been obtained before issuing a development permit.
Town of Marystown Development Regulations 2017-2027
8
If Council deems that a proposed development may trigger the requirements of the Environmental
Assessment Act, the proponent will be advised to consult with the Environmental Assessment Division
and a development permit cannot be issued until this process is complete.
Where these Regulations are more stringent than a provincial or federal act of regulation, these
Regulations will apply.
If the proposed development is not a use that is a permitted or discretionary use in the Zone where the
land is located; then, the applicant may consider an application to rezone the property.
2.4
OPTIONS IF YOUR PROPOSAL DOES NOT FIT THE LAND USE ZONES OR
DEVELOPMENT CONDITIONS/STANDARDS
2.4.1
Variances
Where the proposed development does not comply with the development standards set out in these
Regulations, Council may, in its discretion, vary the applicable development standards to a maximum of
ten percent (10%) if, in Council'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.
Council 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 ten percent (10%)
variance even though the individual variances are separately no more than ten percent (10%);
Council shall not permit a variance from the development standards where the proposed use would
increase the non-conformity of an existing development or would result in the creation of non-
conformity of any existing legal development.
Where Council is to consider a proposed variance, Council shall give written notice of the proposed
variance from development standards to all persons whose land is in the immediate vicinity of the land
that is the subject of the variance and allow a minimum period of seven (7) days for response.
2.4.2
Infill Development
Council will encourage infill development in serviced areas, subject to the following requirements:
-
the type, scale, massing, and design of the development is generally appropriate to the
neighbourhood;
-
preservation of side/back/front yards for public safety requirements; and,
-
adequate provision is made for light, privacy, and amenity.
-
Where a proposed development constitutes infill between existing developments, Council may consider
changes to the lot area, building line setback, and frontage based on the land capability to
-
-
Town of Marystown Development Regulations 2017-2027
9
accommodate servicing requirements; and also ensure that the building line setback is consistent with
adjacent properties and the general area.
-
Such infill proposals must be consistent with adjacent development and not compromise public safety,
neighbouring services, or the general amenity of the area.
2.4.3
Non-Conforming Uses
(Refer to Section 108(2) of the Urban and Rural Planning Act 2000 and Sections 14, 15, and 16 of the
Ministerial Development Regulations found in Appendix 2 and 3)
Any legal use of land or development at the date of the registration of these Regulations may, although
not conforming with the new Regulations:
-
be continued, or;
-
be changed to another non-conforming use if Council has, at the applicant's expense, published a
notice in a newspaper circulating in the area of the application and considered any representations
or submissions received in response to that advertisement; and,
if it is Council's opinion that the new use is more compatible with the permitted use(s) in the Use
Zone in which the building is located.
Conditions regarding a non-conforming use of land or development; the non-conforming use:
a) Shall not be internally or externally varied, extended or expanded unless otherwise approved by
Council; that is, the interior or exterior of such building, structure, or development may be
permitted by Council to be reconstructed or altered in order to render it more convenient or
commodious for the same purpose for which such building is legally used;
b) Shall not be structurally modified except as required for the safety of the building, structure or
development,
c) 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, except as
provided for in Paragraph (g) below,
d) May have the existing building extended by Council where, in Council's opinion that extension is not
more than 50% of the existing building,
e) Where the non-conformance is with respect to the standards in these Regulations, shall not be
expanded if the expansion would increase the non-conformity,
f) Where the non-conformance is with respect to the standards included in these Regulations shall not
be expanded if the expansion would increase the non-conformity;
g) where the building, structure, or development is primarily zoned and used for residential purposes,
may, in accordance with the appropriate plan and regulations, be repaired or rebuilt where 50% or
more of the value of that building or structure is destroyed, and
h) A residential building or structure referred to in Paragraph (g) must be repaired or rebuilt in
accordance with the plan and development regulations applicable to that building or structure.
Town of Marystown Development Regulations 2017-2027
10
If a con-conforming development or land use is discontinued after these Regulations came into legal
effect, a right to resume a discontinued non-conforming use of land shall not exceed one year after the
discontinuance occurred. For the purpose of this Regulation, discontinuance of a non-conforming use
begins when any one of the following conditions is met:
-
-
The building or use of land is clearly vacated or the building is demolished,
-
The owner or tenant has ceased paying business taxes for that use, and
-
The owner or tenant has stated in writing that the use has ceased.
2.4.4
Amendment to Development Regulations
An amendment to these Development Regulations may be requested by any person and shall be
submitted to the Council. Note that this might also require an associated amendment to the Integrated
Community Sustainability Municipal Plan.
All costs for the amendment are to be borne by the person requesting the amendment, except when
initiated by Council.
Where an application for an amendment involves private property, the application shall be made by the
property owner or a person operating under the owner's written consent. A copy of this written consent
must accompany the application for an amendment to the text of the Development Regulations or
rezoning of the Land Use Zoning Map.
2.5
COUNCIL DECISION-MAKING
2.5.1
Timely Decision-making
Applications properly submitted in accordance with these Regulations which have not been determined
by Council and on which a decision has not been communicated to the applicant within sixty (60) days of
the application being received by Council, shall be deemed to be refused.
2.5.2
Deferment of Application:
Council may, with the written agreement of the applicant, defer consideration of an application.
An application properly submitted in accordance with these Regulations shall be determined within
eight (8) weeks of the receipt thereof by Council or shall be deferred.
Council may, without the agreement of the applicant, defer decisions on an application for a
Development Permit and/or an application for an amendment to these Regulations within a specified
area where Council has directed that a planning study or other similar study pertaining to the future use
and development of the specified area be undertaken.
An application may be withdrawn only on receipt of a written request from the applicant.
Town of Marystown Development Regulations 2017-2027
11
2.5.3
Public Notice
Council must, at the applicant's expense (Section 35 (1) of the Act), publish a notice in a newspaper
circulating in the area of the application and consider any representations or submissions received in
response to that advertisement, when an application is received regarding:
-
A change in a non-conforming use; notice of an application to change a non-conforming use will be
by advertisement in a newspaper circulating in the area, and a minimum of seven (7) days will be
provided for persons to respond.
-
A proposed development is listed as a discretionary use; notice of an application to change a non-
conforming use will be by advertisement in a newspaper circulating in the area, and a minimum of
seven (7) days will be provided for persons to respond.
-
A Comprehensive Development is proposed; Council will publish a notice in a newspaper circulating
in the area or by other reliable means give public notice, and will provide a minimum of fourteen
(14) days for persons to respond; or,
-
Council determines that the public should be notified of an application; notice of the application will
be by advertisement in a newspaper circulating in the area, and a minimum of seven (7) days will be
provided for persons to respond;
-
A Planning Impact Analysis is proposed; Council will publish a notice in a newspaper circulating in
the area or by other reliable means give public notice, and will provide a minimum of fourteen (14)
days for persons to respond;
Notification regarding a variance will be carried out as follows:
-
A variance; written notice of a variance application will be given directly to persons whose land is in
the immediate vicinity of the land that is the subject of the variance who are likely to be affected
(Minister's Development Regulations-see Appendix) and a minimum of seven (7) days will be
provided for persons to respond;
2.5.4
Briefing Sessions
Council may require a public meeting to be held in respect of any matter arising under these
Regulations.
Council may advertise or require the applicant to advertise the application by a minimum of one (1)
advertisement in a newspaper circulating in the local area at least ten (10) calendar days prior to the
holding of a briefing session where the application shall be discussed.
The newspaper notice shall: (a) contain a general description of the application; (b) specify the date set
for the briefing session at which the application is to be discussed; (c) specify the date set for receipt of
written representation on the application by the City; (d) identify the place and time where the
application can be viewed by the public; and (e) specify that Council shall cancel the briefing session if
no written response is received by the deadline for the receipt of responses.
Council may make such effort as it deems reasonable to provide that written notices are mailed to the
addresses of property owners, as identified on the current Town's assessment role, within a radius of at
-
Town of Marystown Development Regulations 2017-2027
12
-
least one hundred and fifty metres (150 m) from the application site, a minimum of fourteen (14)
calendar days prior to a briefing session where such application is discussed.
Notes of the proceedings of the briefing session shall be undertaken and these notes, together with any
written representations, shall be considered by Council when it makes its decision on the matter, which
is the subject of the briefing session.
An elected member of Council shall act as Chairperson of the briefing session.
2.5.5
Approval in Principle
Council may grant an approval in principle if it determines that the proposed development complies
generally with the intent and purposes of the Integrated Community Sustainability Municipal Plan and
these Regulations.
Council will attach to the approval in principle such conditions that it deems necessary to ensure the
proposed development will be in accordance with the Plan and these Regulations. It will also outline
such details that the applicant will be required to address before a final development permit will be
granted.
An approval in principle will be valid for a period of one (1) year and may be extended for one (1)
additional year, up to a maximum of two (2) years.
Where approval in principle is granted, approval of a final development permit will be subject to the
subsequent approval by Council of any details and conditions that were outlined in the approval in
principle.
Approval in principle will not constitute permission to commence development. No form of development
will commence until Council has issued a proper development permit.
Council may revoke approval in principle if it determines that the applicant has changed the proposed
development in a way that significantly alters the original intent of the application or has not adequately
addressed conditions or details stipulated in the approval in principal.
A decision by Council on an application to undertake development can be appealed in accordance with
Section 42 of the Act.
2.5.6
Approval of Development Permit
1. A written development permit issued by Council or its designated staff will constitute permission to
develop in accordance with these Regulations, but such permission shall not relieve the applicant
from full responsibility for obtaining all other permits or approvals prior to commencement of
development and complying with all other regulations and statutes during development.
2. Council may attach conditions to a development permit to ensure compliance with the Integrated
Community Sustainability Municipal Plan and these Regulations, and the permit holder will be
Town of Marystown Development Regulations 2017-2027
13
responsible for full compliance with these conditions. When approving an application for a
discretionary use, Council shall state in writing the basis for its approval.
3. A permit is valid for such period, not in excess of two years, as may be stated therein, and if the
development has not commenced, the permit may be renewed for a further period not in excess of
one year, but a permit shall not be renewed more than three years; except for Signs (see Section
7 2)
4. No person shall change the application for which a development permit was issued unless written
approval of the change has been issued by Council.
5. A copy of the development permit, along with plans and specifications, shall be kept on the site until
the development is completed.
6. A decision by Council on an application to undertake development can be appealed in accordance
with Section 42 of the Act.
2.5.7
Temporary Use Permit
Definition: A temporary use permit means a permit for a development or the use of land that is limited
in scope, duration and frequency and is allowed to operate on a short-term basis, such as, a temporary
outdoor market.
Standards: At its discretion, Council may issue a development permit for a temporary use, which must
comply with the Integrated Community Sustainability Municipal Plan and these Regulations. The permit
may be for a period not exceeding one (1) year and may be extended at the request of the applicant for
one (1) additional year, up to a maximum of two (2) years.
2.5.8
Correction of Errors and Remedial Work
The approval of any plans or drawings or the issuance of a Development Permit or permit shall not
prevent Council or any officer from thereafter requiring the correction of errors or from ordering the
cessation of, or remedial work on any development being carried out in the event that the same is in
violation of these or any other regulations or statutes.
2.5.9
Revoke Permit
Council or any officer may revoke an approval and any subsequent permits for failure by the holder, to
comply with these Regulations or any condition attached to the permit or where the permit was issued
contrary to the applicable regulations or was issued on the basis of incorrect information.
2.5.10
Fee for Permit
Council may charge a fee for a development permit in accordance with the annual schedule of fees
adopted by Council.
-
Town of Marystown Development Regulations 2017-2027
14
2.5.11
Written Reasons for Refusing or Setting Conditions on a Permit
-
Council shall, when refusing to issue a permit or attaching conditions to a permit, state the reasons for
so doing. The Council shall also advise the applicant of their right to appeal in accordance with Section
42 of the Act.
2.5.12 Refusal: Premature development
No permit shall be issued for development within the Planning Area when:
-
in the opinion of Council, it is premature by reason of the site lacking adequate road access, power,
drainage, sanitary facilities, or domestic water supply, or being beyond the natural development of
the area at the time of application,
UNLESS
-
the applicant contracts to pay the full cost of construction of the services deemed necessary by
Council and such cost shall attach to and upon the property in respect of which it is imposed.
Where a Development Permit application for a land or building development or for an amendment to
the Development Regulations has been effectively denied by a resolution of Town Council, application
for the same development, building or amendment shall not be considered within 12 months of the
date of the previous refusal.
2.5.13
Discretionary Decision-making Powers of Council
In considering an application for a permit to carry out development, Council shall take into account the
policies expressed in the Integrated Community Sustainability Municipal Plan and any further scheme,
plan or Regulations pursuant thereto, and shall assess the general appearance of the development of
the area, the amenity of the surroundings, availability of utilities, public safety and convenience, and any
other considerations which are, in its opinion, material, and notwithstanding the conformity of the
application with the requirements of these Regulations, Council may, in its discretion, and as a result of
its consideration of the matters set out in this Regulation, conditionally approve or refuse the
application.
2.5.14 Register
Council shall keep a register of all applications for development and shall enter therein Council's
decision upon each application and the result of any appeal from that decision.
2.6
SPECIAL CONDITIONS FOR DEVELOPMENT
2.6.1
Development Agreement
Where a Development Agreement is required as a condition of a Development Permit, the Development
Agreement shall set out the terms specific to that agreement and shall be signed by the applicant and
Council within one year of the approval granted by Council.
Town of Marystown Development Regulations 2017-2027
15
Development cannot proceed until all conditions of the Development Permit are met and the
Development Agreement is signed by the applicant and Council.
2.6.2
Planning Impact Analysis
Council may require a Planning Impact Analysis to evaluate any proposed land use, development and/or
situation that affects the implementation of policies contained in the Integrated Community
Sustainability Municipal Plan.
Planning Impact Analysis (PIA) will be used to evaluate applications to determine the appropriateness of
a proposed change in land use, and to identify potential issues and provide proposals for mitigation. The
PIA will document the criteria used by municipal staff through the application review process and
depending upon the situation, other criteria relevant to the issue may also be considered.
The Terms of Reference for a Planning Impact Analysis shall be approved by Council prior to its
execution and shall become an integral part of the report itself. The PIA shall be prepared by qualified
individuals/consultants. The report and any supporting studies may be prepared at the expense of the
applicant, at Council's discretion.
General Proposals
Where a Plan amendment and/or zone change application is for a general change in land use and does
not relate to specific development proposal, or where site specific information on the future
development of the site is not required, all or some of the following criteria may be considered:
-
compatibility of proposed uses with surrounding land uses, and the likely impact of the proposed
development on present and future land uses in the area;
-
the size and shape of the parcel of land on which a proposal is to be located, and the ability of the
site to accommodate the intensity of the proposed use;
-
the supply of vacant land or vacant buildings in the area which is designated and/or zoned for the
proposed uses;
-
the potential traffic generated by the proposed change, considering the most intense land uses that
could be permitted by such a change, and the likely impact of this additional traffic on City streets,
pedestrian and vehicular safety, and on surrounding properties.
Site Specific Proposals
Where a Plan amendment and/or zone change is for a specific development proposal, or where more
site specific and detailed information on the type and nature of future development is required, all, or
some, of the following criteria may be considered:
-
all of the criteria listed in the policies of the Plan;
-
the height, location and spacing of any buildings in the proposed development, and any
potential impacts on surrounding land uses;
-
Town of Marystown Development Regulations 2017-2027
16
-
-
the location of vehicular access points the likely impact of traffic generated by the proposal on
streets, pedestrian and vehicular safety, and on surrounding properties;
-
the exterior design in terms of bulk, scale, and layout of buildings, and the integration of these
uses with present and future land uses in the area;
-
the potential impact of the development on surrounding natural features and heritage
resources;
-
constraints posed by the environment, including but not limited to locations where adverse
effects from landfill sites, sewage treatment plants, methane gas, contaminated soils, noise,
ground borne vibration, and rail safety may limit development;
-
compliance of the proposed development with the provisions of the Town's Integrated
Community Sustainability Municipal Plan and Development Regulations; and,
-
measures planned by the applicant to mitigate any adverse impacts on surrounding land uses
and streets which have been identified as part of the Planning Impact Analysis.
An applicant for a proposed change in land use may be required to provide information and details on
the development and its likely impacts. The report shall identify significant impacts, evaluate their
importance, and recommend a mitigation plan indicating measures of control or mitigation, where
appropriate.
Prior to the approval of a Planning Impact Analysis, Council shall provide adequate time for a public
-
review of the report, using the procedures for public notification as outlined in section 2.5.3.
2.6.3
Financial Guarantees by Developer
Council 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.
The financial provisions may be made in the form of:
a) a cash deposit from the developer, to be held by Council;
b) a security or guarantee by a bank, or other institution acceptable to Council, for expenditures by the
developer;
c) a performance bond provided by an insurance company or a bank, or;
d) an annual contribution to a sinking fund held by Council.
Financial Guarantees -- Mineral Workings
A developer of a mineral workings site will provide a financial guarantee in the form of a performance
bond, unconditional and irrevocable letter of credit, or other form acceptable to Council for an amount
to cover the cost of restoring or landscaping the site after the quarry operations have ended or the site
is abandoned by the applicant.
Town of Marystown Development Regulations 2017-2027
17
The financial guarantee will be returned when the site has been restored and any conditions attached to
the development permit have been carried out to Council's satisfaction.
-
2.6.4
Service Levy
Council 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 real property is enhanced by the
carrying out of public works either on or off the site of the development (Section 149 (2) Municipalities
Act, 1999).
A service levy shall not exceed the cost, or estimated cost, including finance charges to Council of
constructing or improving the public works referred to above that are necessary for the real property to
be developed in accordance with the standards required by Council and for uses that are permitted on
that real property.
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.
Council may require a service levy to be paid by the owner of the real property; (a) at the time the levy is
imposed, (b) at the time development of the real property commences, (c) at the time development of
the real property is completed, or (d) at such other time as Council may decide.
2.6.5
Require Land Conveyed for Public Work Purpose
A Council may, for a development that is not a subdivision, require that the owner of the land being
developed convey to the council or regional authority, for a public purpose, a portion of the land
proposed for development.
2.6.6
Land for Park/Public Use in Subdivisions
Council 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 Council in accordance with Section 37 of
the Act.
2.6.7
Restoration of Land
Council may require the restoration of land after a development or use is discontinued.
2.7
APPEALS
The person to whom a Town's decision applies shall have the right to appeal that decision in accordance
with the provisions of Sections 42 to 46 of the Act.
The following excerpts are provided from the Urban and Rural Planning Act with respect to Appeals:
Appeal
Town of Marystown Development Regulations 2017-2027
18
42.(1)A person or an association of persons aggrieved of a decision that, under the regulations, may be appealed,
-
may appeal that decision to the appropriate board where the decision is with respect to
(a)an application to undertake a development;
(b)a revocation of an approval or a permit to undertake a development;
(c)the issuance of a stop work order; and
(d) decision permitted under this or another Act to be appealed to the board.
(2)A decision of a council, regional authority or authorized administrator to adopt, approve or proceed with a plan,
scheme, development regulations and amendments and revisions of them is final and not subject to an appeal.
(3) An appeal board shall not make a decision that does not comply with a plan, scheme and development
regulations that apply to the matter being appealed.
(4) An appeal made under this section shall be filed with the appropriate 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 board may meet as often as it considers necessary to conduct its work in an expeditious manner.
(7)A person or group of persons affected by the subject of an appeal or their representatives may appear before a
board and make representations concerning the matter under appeal.
(8)A board may inform itself of the subject matter of the appeal in the manner it considers necessary to reach a
decision.
(9)A board shall consider and determine appeals in accordance with this Act and a plan, scheme and regulations that
have been registered under section 24 and having regard to the circumstances and merits of the case.
(10) In determining an appeal, a board may confirm, reverse or vary the decision appealed from and may impose
those conditions that the board considers appropriate in the circumstances and may direct the council, regional
authority or authorized administrator to carry out its decision or make the necessary order to have its decision
implemented.
(11 Notwithstanding subsection (10), where a council, regional authority or authorized administrator may, in its
discretion, make a decision, a board shall not make another decision that overrules the discretionary decision.
(12) The decision of a majority of the members of a board present at the hearing of an appeal shall be the decision of
the board.
(13)A board shall, in writing notify the appellant and the appropriate council, regional authority or authorized
administrator of the decision of the board.
-
Hearing of evidence
Town of Marystown Development Regulations 2017-2027
19
43.(1) Notwithstanding subsection 42(7), where
-
(a)due to the isolation of an area that is the subject of an appeal, it would be difficult or costly for a board to hear
representations from a council, regional authority, authorized administrator or other person; or
(b)the parties to an appeal agree in writing,
a council, regional authority, authorized administrator and other persons who are parties to the appeal may
(c submits written arguments to the board; or
(d)present arguments by teleconference, telephone or other electronic means,
and the board may deliberate and make a determination on the matter based upon those written or other submissions.
(2) Where a board considers it necessary to visit and view a property that is the subject of an appeal, one member of
that board or another person whom the board may authorize, may make that visit and, in writing, report to the board
on the visit and viewing of the property.
(3) information provided to a board under subsections (1) and (2) shall be considered to have been provided in the
same manner as evidence before a board during a hearing of an appeal under section 42.
Fees
44.(1) The minister may establish fees for the making of appeals under this Part.
(2)A fee paid under subsection (1) shall be paid to the board hearing the matter and shall be retained by that board.
(3) Where an appeal made under section 42 is successful, an amount of money equal to the fee paid by the appellant
under subsection (1) shall be paid to the appellant by the council, regional authority or authorized administrator that
made the appealed decision.
Development may not proceed
45 (1) Where an appeal is made under section 42, the development with respect to the appeal, work related to that
development or an order that is under appeal shall not proceed or be carried out, pending a decision of the board.
(2) Where, on appeal, a permit to develop is confirmed or ordered to be issued, a council, regional authority or
authorized administrator shall issue the permit as confirmed or ordered.
Appeal to court
46 (1)A decision of a board may be appealed to the court not later than 10 days after that decision has been received
by the appellant.
(2) An appeal of a decision of a board under subsection (1) may be made on a question of law or jurisdiction.
(3)A board may be represented by counsel and heard on an appeal under this section.
(4) he court shall either confirm or vacate the order of the board and where vacated the court shall refer the matter
back to the board with the opinion of the court as to the error in law or jurisdiction and the board shall deal with the
matter in accordance with that opinion.
- End of Excerpt -
Town of Marystown Development Regulations 2017-2027
20
-
The following process consists of excerpts from Ministerial Development Regulations (including the
numbering) which can be found in the Appendices.
Notice of Right to Appeal
5.
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.
Appeal Requirements
6 (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, NL, A1B 4J6 is the secretary to
all Appeal Boards in the province and an appeal filed with that secretary within the time period
referred to in subsection 42(4) of the Act shall be considered to have been filed with the appropriate
Appeal Board.
(2) The fee required under section 44 of the Act shall be paid to the Appeal Board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or (2) within the
14 days referred to in subsection 42(4) of the Act.
(3) The Appeal Board that hears the decision being appealed shall, subject to subsection 44(3) of the
Act, retain the fee paid to the Appeal Board.
(4) Where an appeal of a decision and the required fee is not received by an Appeal Board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
Appeal Registration
7. (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 the application being appealed, all
correspondence, council minutes, plans and other relevant information relating to the appeal
including the names and addresses of the applicant and other interested persons of whom the
authority has knowledge.
Town of Marystown Development Regulations 2017-2027
21
(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 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 the Authority acting under subsection (1).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order under
section 102 of the Act, the Authority shall not carry out work related to the matter being appealed.
Hearing Notice and Meetings
9. (1) An Appeal Board shall notify the appellant, applicant, authority and other persons affected by
the subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the
date scheduled for the hearing of the appeal.
(2) An Appeal Board may meet as often as is necessary to conduct its work in an expeditious
manner.
Hearing of Evidence
10 (1) An Appeal Board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under regulation 29(1) or their representative may appear before the Appeal
Board and make representations with respect to the matter being appealed.
(2) An Appeal Board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(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.
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.
- End of excerpt -
-
Town of Marystown Development Regulations 2017-2027
22
-
2.8 ENFORCEMENT AUTHORITY
2.8.1
Delegation of Authority
The Urban and Rural Planning Act provides for delegation of enforcement responsibilities under section
109, where, an employee of a council may issue an order under the section. An order made by an
employee shall be confirmed by a majority vote of the members of the council present at the next
meeting of that Council after the order is made and if the order is not confirmed in this manner, it shall
be considered to be cancelled.
2.8.2
Right of Entry
Council or an officer 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 Council is empowered to regulate.
2.8.3
Enforcement Authorities
Where it is determined that a use of land or development is contrary to the Integrated Community
Sustainability Municipal Plan and Development Regulations, Council may initiate enforcement measures
by issuing a stop work order. Every inspector shall keep a record of any violation of these Regulations
and report that violation to Council.
2.9 NATIONAL CODES AND REGULATIONS
The National Building Code, and associated codes, such as the Plumbing Code, the Fire Code, the
Electrical Code, the Life Safety Code, and any other ancillary code and other municipal regulations
regulating or controlling the development, conservation, and use of land shall, under these Regulations
apply to the entire Planning Area.
Town of Marystown Development Regulations 2017-2027
23
3.0
LAND USE ZONES
-
The Integrated Community Sustainability Municipal Plan stated the Intent and Policies for each of the
following land use classes. The Development Regulations enable the implementation of these policies
through the following zones:
-
RESIDENTIAL ZONES:
RESIDENTIAL TRADITIONAL COMMUNITY
RESIDENTIAL RURAL
RESIDENTIAL HIGH DENSITY
-
COMMERCIAL ZONE
-
MIXED ZONE (Queen Street Neighbourhood)
-
INDUSTRIAL ZONE
-
PUBLIC INSTITUTIONAL ZONE
-
CONSERVATION ZONE
-
PROTECTED WATER SUPPLY ZONE
-
RESOURCE ZONE
-
MINERAL WORKING ZONE
-
DEVELOPMENT SCHEME AREA ZONES:
RESIDENTIAL DEVELOPMENT SCHEME AREA (RDSA) ZONE:
-
Southwest Arm RDSA
-
Markland Road RDSA
-
Marine Drive RDSA
-
Shoal Point RDSA
-
Little Bay RDSA
-
Spanish Room RDSA
MIXED DEVELOMENT SCHEME AREAS (MDSA) ZONE:
Town Centre MDSA
Bayview MDSA
INDUSTRIAL DEVELOPMENT SCHEME AREA (IDSA) ZONE
Town of Marystown Development Regulations 2017-2027
24
.40/11$4,1.
m-
4011).
, L
-
3.1
RESIDENTIAL ZONES
3.1.1
Residential Traditional Community Zone
USE ZONE TABLE: RESIDENTIAL TRADITIONAL COMMUNITY
PERMITTED USES
DISCRETIONARY USES
-Residential Dwelling -- single detached (4.7.1 & 4.7.2.1)
-Residential Dwelling -- semi-detached (double)
(4.7.1 & 4.7.2.2)
-Townhouse (4.7.1 & 4.7.3)
-Group Home (4.7.7)
-Conservation -- All Uses categories (4.5)
-Subsidiary apartment (5.1.2)
-Accessory uses and accessory buildings (5.1 & 5.2)
-Uses set out in 2.3.2.5
-Convenience store (4.3.13)
-Home business (5.3)
-Mobile/Mini homes (4.7.4)
-Urban agriculture (4.2.2)
-Retail (4.3.27)
-Public Gathering Places-Indoor (4.6.4)
Conditions:
-
Development standards and conditions set out in the Development Regulations:
o
Section 1.0 - Authorities
o
Section 2.0 - Administration
o
Section 3.0 -- Use Zone Tables indicating permitted and discretionary uses
o
Section 4.0 - Land Use Definitions and Development standards (by land use class);
o
Section 5.0 - Accessory Uses & Buildings, and Home Businesses;
o
Section 6.0 - Building, Lot Siting, Landscaping and Services;
o
Section 7.0 - Off-street Loading, Parking and Signs;
o
Section 8.0 -- Subdivision of Land; and,
o
Section 9.0 -- Development Design Guidelines.
Examples of housing that can be placed on narrow lots; Note the emphasis on interesting
architectural features and landscaping.
Town of Marystown Development Regulations 2017-2027
25
SITE DEVELOPMENT STANDARDS:
RESIDENTIAL TRADITIONAL COMMUNITY
Standards:
Single Detached
Dwelling
Semi-Detached
(Double) Dwelling
Townhouse
Minimum Standard:
Lot area (m2)
360
390*
260*(average)
Floor area (m2)
80
80*
65*
Frontage (m) *
12
20
7
Building Line Setback
See condition below
Side yard Width (m)
1.5/2
1.5
3
Rear yard (m)
6
9
7
Maximum Standards
Lot Coverage (%)
50%
33
38
Height (m)
10
10
12
*Per unit
Conditions
1. Staggered setback of 5 to 7 m is permitted to provide for a more visually interesting streetscape
2. Site Development Standards for Discretionary Uses:
-
Must meet standards for Single Detached Dwelling (as noted above) or Commercial Use (3.2),
whichever is greater;
-
Must comply with buffers/separation distances set out in 4.1.3.
-
Town of Ma rystown Development Regulations 2017-2027
26
-
Example of how to provide a mix of housing units in a visually attractive manner with staggered setbacks
and different building sizes (single/double/town houses); and with enough off-street parking
Below: Examples of semi-detached homes that look like single detached dwellings and therefore do not
detract from the attractiveness of the residential neighbourhood.
Town of Marystown Development Regulations 2017-2027
27
3.1.2
Residential Rural
The uses and standards in this zone are designed to preserve the historical development pattern that
makes the rural communities of Spanish Room, Jean de Baie, Rock Harbour and Beau Bois so
picturesque.
USE ZONE TABLE: RESIDENTIAL RURAL
PERMITTED USES
DISCRETIONARY USES
-Residential Dwelling -- single detached (4.7.1 & 4.7.2.1)
-Cemetery (4.6.1)
-Residential Dwelling --semi-detached double (4.7.1 &
-Convenience store (4.3.13)
4.7.2.2)
-Home business (5.3)
-Townhouse (4.7.1 & 4.7.3)
-Marina (4.3.18)
-Group Home (4.7.7)
-Outdoor Market (4.3.22)
-Conservation -- All Uses categories (4.5)
-Retail (4.3.27)
-Subsidiary apartment (5.1.2)
-Energy generating facility -- residential
-Accessory uses and accessory buildings (5.1 & 5.2)
only (4.4.5)
-Uses set out in 2.3.2.5
-Public Gathering Places-Indoor (4.6.4)
-Urban agriculture (4.2.2)
Conditions:
Development standards and conditions set out in the Development Regulations:
Section 1.0 - Authorities
-
Section 2.0 - Administration
. Section 3.0 -- Use Zone Tables indicating permitted and discretionary uses
-
Section 4.0 - Land Use Definitions and Development standards (by land use class);
-
Section 5.0 - Accessory Uses & Buildings, and Home Businesses;
-
Section 6.0 - Building, Lot Siting, Landscaping and Services;
-
Section 7.0 - Off-street Loading, Parking and Signs;
-
Section 8.0 -- Subdivision of Land; and,
-
Section 9.0 -- Development Design Guidelines.
-
Town of Marystown Development Regulations 2017-2027
28
-
SITE DEVELOPMENT STANDARDS
RESIDENTIAL RURAL
Single Detached Dwelling
Semi-Detached (Double)
Townhouse
Standards:
No services
provided
One service:
water
No services
provided
One service:
water
Service
Lot area (m2)
1860
1400
2400
1860
See condition
below
Frontage (m) *
30
23
30
30
n/a
Building Line Setback
8
8
8
8
Side yard Width (m)
5
5
3
3
5
Side yard, Flanking (m)
15
15
15
15
15
Rear yard Depth* (m)
15
15
6
6
15
Height)
10
10
10
10
12
Conditions:
1. Where a residential development abuts a waterway reservation the minimum rear year shall be
5 metres measured from the rear property line or reservation., whichever is greater.
2. Townhouse development would require a Comprehensive Development application (2.2.4)
which would outline the servicing subject to Service NL requirements. Note that an unserviced
(without Town water and sewer connection) Townhouse development with greater than 5 units
requires a groundwater assessment.
3. Site Development Standards for Discretionary Uses:
o
Must meet standards for Single Detached Dwelling (as noted above) or Commercial Use
(4.2), whichever is greater;
o
Must comply with buffers/separation distances set out in 4.1.3.
Town of Marystown Development Regulations 2017-2027
29
3.1.3
Residential High Density
USE ZONE TABLE
RESIDENTIAL HIGH DENSITY
PERMITTED USES
DISCRETIONARY USES
-Apartment building (4.7.5)
-Townhouse (4.7.3)
-Conservation -- all uses (4.5)
-Accessory uses and accessory buildings (5.1 & 5.2)
-Uses set out in 2.3.2.5
-Convenience store (4.5.13)
-Home business (5.3)
-Retail (4.3.27)
-Institutional -- personal care facility only
(4.6.2)
-
Conditions:
-
Development standards and conditions set out in the Development Regulations:
Section 1.0 - Authorities
-
Section 2.0 - Administration
-
Section 3.0 -- Use Zone Tables indicating permitted and discretionary uses
Section 4.0 - Land Use Definitions and Development standards (by land use class);
-
Section 5.0 - Accessory Uses & Buildings, and Home Businesses;
-
Section 6.0 - Building, Lot Siting, Landscaping and Services;
-
Section 7.0 - Off-street Loading, Parking and Signs;
-
Section 8.0 -- Subdivision of Land; and,
Section 9.0 -- Development Design Guidelines.
An example of the creative use of colour and placement of building units to create an interesting co-
housing complex that is attractive even in the depths of a Saskatoon winter.
Town of Marystown Development Regulations 2017-2027
30
DEVELOPMENT STANDARDS
RESIDENTIAL HIGH DENSITY
Single
Detached
Dwelling
Semi-
Detached
(Double)
Dwelling
Townhouse
Apartment
APT-2
APT-3
Minimum Standard:
Lot size m2
330
270*
135*
210*
250*
Front (m)
12
18
5*
30
30
Building Line Setback (m)
7.5
7.5
7.5
10
10
Side Yards (m)
1.2/2/4
2.4
3
8
8
Flanking Yard (m)
7.5
7.5
7.5
10
10
Rear Yard (m)
8
8
8
12
12
Maximum Standard:
Lot Coverage %
33
33
33
33
33
Maximum Height (m)
8
8
10
12
12
*Per unit
Site Development Standards for Discretionary Uses:
-
Must meet standards for Single Detached Dwelling (as noted above) or Commercial Use (4.2),
whichever is greater;
-
Must comply with buffers/separation distances set out in 4.1.3.
Example of Town Home plans in the St. John's area; note the landscaping and colours
as well as the offset frontages.
-
Town of Marystown Development Regulations 2017-2027
31
-
3.2
COMMERCIAL ZONE
USE ZONE TABLE
COMMERCIAL ZONE
PERMITTED USES
DISCRETIONARY USES
- Commercial Land Use Class (4.3): All Uses, EXCEPT
-Apartment building (4.7.5) with
Amusement Park/Attraction, Campgrounds, Resort
commercial on main floor
-Public Gathering -- Indoor (4.6.4)
- Industrial -- Light (4.4.10)
- Institutional/Public Land Use Class-All Uses (4.6) EXCEPT
Cemetery (4.6.1) & Public Gathering-Indoor (4.6.4) & Sports
and Recreation Facilities (4.6.6)
-Accessory Uses and Accessory Buildings (5.1 & 5.2)
-Uses set out in 2.3.2.5
Conditions:
-
Development standards and conditions set out in the Development Regulations:
Section 1.0 - Authorities
Section 2.0 - Administration
Section 3.0 -- Use Zone Tables indicating permitted and discretionary uses
Section 4.0 - Land Use Definitions and Development standards (by land use class);
Section 5.0 - Accessory Uses & Buildings, and Home Businesses;
Section 6.0 - Building, Lot Siting, Landscaping and Services;
Section 7.0 - Off-street Loading, Parking and Signs;
Section 8.0 -- Subdivision of Land; and,
Section 9.0 -- Development Design Guidelines.
Town of Marystown Development Regulations 2017-2027
32
-
COMMERCIAL USE
DEVELOPMENT STANDARDS
Minimum Standards:
Front yard (building line) (m)*
4 -- with no sidewalks
Side yard (m):
3 - 5 at the discretion of Council
Side yard for open storage (m):
5
Flanking yard (m):
6-8
Rear yard (m):
10-15
Maximum Standards
Height (m)
15
Condition:
Notwithstanding the standards in the Use Zone Table, Council may require the building line setbacks
(building line) of new building to complement the setbacks of existing conforming buildings on adjoining
or nearby lots on the same street and may allow buildings be permitted to abut exiting sidewalks
Town of Marystown Development Regulations 2017-2027
33
-
3.3
MIXED USE ZONE
USE ZONE TABLE
MIXED USE ZONE
PERMITTED USES
DISCRETIONARY USES
-Bar (4.3.6)
-Residential -- apartment building* (4.7.5)
-Amusement establishment/use (4.3.1)
-Business support service (4.3.8)
-Club and Lodge (4.3.11)
-Convenience store (4.3.13)
-General Service/repair (4.3.16)
-Medical or Dental Clinic (4.3.19)
-Personal Service (4.3.23)
-Offices (4.3.24)
-Restaurant -- full service (4.3.26.2)
-Retail (4.3.27)
-Public Gathering Place -- indoor (4.6.4)
-Accessory Uses and Accessory Buildings (5.1 & 5.2)
-Uses set out in 2.3.2.5
*The apartment building can be a stand-alone building or combined with commercial, with commercial
on the ground floor.
Conditions:
1. Development standards and conditions set out in the Development Regulations:
Section 1.0 - Authorities
Section 2.0 - Administration
Section 3.0 -- Use Zone Tables indicating permitted and discretionary uses
Section 4.0 - Land Use Definitions and Development standards (by land use class);
Section 5.0 - Accessory Uses & Buildings, and Home Businesses;
Section 6.0 - Building, Lot Siting, Landscaping and Services;
Section 7.0 - Off-street Loading, Parking and Signs;
Section 8.0 -- Subdivision of Land; and,
Section 9.0 -- Development Design Guidelines.
Town of Marystown Development Regulations 2017-2027
34
-
SITE DEVELOPMENT STANDARDS:
MIXED USE ZONE: QUEEN STREET NEIGHBOURHOOD
Standards:
(minimum)
Commercial building
Mixed Use Building
-
Lot area (m2)
929
929
-
Frontage (m)
21
30
-
Building Line Setback (m)
To be determined at the discretion of Council
-
Side yard Width (m)
At discretion of Council
-
Rear yard (m)
10
15
-
Height (m)
15
15
Lot Coverage (%) Maximum
35
25
Conditions:
1. Both vertical and horizontal mixed use development shall have sufficient sound-proofing
measures between non-residential and residential uses whether located side-by-side or
vertically within the same building (Mixed use building);
2. Apartment buildings: Stand-alone apartment buildings must conform to the site requirements
of the Residential High Density Zone;
3. A Mixed Use Building shall have:
a.
the non-residential use limited to the first floor/street-level only in a mixed building;
b. a maximum of 8 (eight) dwelling units with a minimum floor area of 70 m'per unit;
c. a separate entrance for the non-residential use and the residential use from the main
floor;
d. Parking standards that are a blend of commercial and residential requirements;
Town of Marystown Development Regulations 2017-2027
35
-
3.4
INDUSTRIAL ZONE
USE ZONE TABLE
INDUSTRIAL
PERMITTED USES
DISCRETIONARY USES
-Industrial -- General (4.4.8)
-Energy Generation Facilities (4.4.5)
-Industrial -- Heavy and Hazardous ((4.4.9)
-Wind Turbine Generator (4.4.18)
-Industrial -- Light (4.4.10)
-Marina (4.3.18)
-Industrial -- Mall (4.4.11)
-Aquaculture (4.4.1)
-Fishery-related Use (4.4.6)
-Natural Resource-related Industries (4.4.14)
-Contractor -- General (4.4.4)
-Composting Facility (4.4.3)
-Protective and Emergency Services (4.6.3)
-Solid Waste Recycling/Disposal/Composting Site (4.4.17)
-Accessory Uses and Accessory Buildings (5.1 & 5.2)
-Uses set out in 2.3.2.5
Conditions:
1. Development standards and conditions set out in the Development Regulations:
Section 1.0 - Authorities
Section 2.0 - Administration
Section 3.0 -- Use Zone Tables indicating permitted and discretionary uses
Section 4.0 - Land Use Definitions and Development standards (by land use class);
Section 5.0 - Accessory Uses & Buildings, and Home Businesses;
Section 6.0 - Building, Lot Siting, Landscaping and Services;
Section 7.0 - Off-street Loading, Parking and Signs;
Section 8.0 -- Subdivision of Land; and,
Section 9.0-- Development Design Guidelines.
Town of Marystown Development Regulations 2017-2027
36
5
10
8
Flanking yard (m)
Front yard (building line) (m)
Exception: Industrial zone where
if fronts on McGettigan Drive,
Atlantic Place, and Route 210
Side yard. (m)
5
Rear yard (m)
15
INDUSTRIAL USE CLASS
DEVELOPMENT STANDARDS
Minimum Standards
Maximum Standards
15
Height (m)
-
Town of Marystown Development Regulations 2017-2027
37
-
3.5
PUBLIC/INSTITUTIONAL ZONE
USE ZONE TABLE
PUBLIC/INSTITUTIONAL
PERMITTED USES
DISCRETIONARY USES
-Institutional/Public Uses -- All (4.6) EXCEPT Crematoria
(discretionary use associated with funeral home)
-Accessory Uses and Accessory Buildings (5.1 & 5.2)
-Uses set out in 2.3.2.5
-Club and lodge (4.3.11)
-Outdoor Market (4.3.22)
-Marina (4.3.18)
-
Conditions:
1. Development standards and conditions set out in the Development Regulations:
Section 1.0 - Authorities
Section 2.0 - Administration
Section 3.0 -- Use Zone Tables indicating permitted and discretionary uses
Section 4.0 - Land Use Definitions and Development standards (by land use class);
Section 5.0 - Accessory Uses & Buildings, and Home Businesses;
Section 6.0 - Building, Lot Siting, Landscaping and Services;
Section 7.0 - Off-street Loading, Parking and Signs;
Section 8.0 -- Subdivision of Land; and,
Section 9.0 -- Development Design Guidelines.
PUBLIC/INSTITUTIONAL
DEVELOPMENT STANDARDS
Minimum Standards in Metres (m):
Front yard (building line)
8-10
Side yard
5
Flanking yard
8
Rear yard
8-15
Maximum Standards
Height (m)
15
Coverage (%)
40%
1. Public/Institutional uses shall be located on arterial and collector roads.
2. All Public/Institutional developments shall provide information regarding access/egress and on-site
parking and loading details as part of a traffic plan.
Town of Marystown Development Regulations 2017-2027
38
DISCRETIONARY USES
PERMITTED USES
-Campgrounds (4.3.9)
-Marina (4.3.18)
-Restaurant -- Mobile Take Out, Street Vendor only
(4.3.26.3)
-Outdoor Market (4.3.22)
-Accessory Uses and Accessory Buildings (5.1 &
5.2)
-Conservation -- All uses (4.5)
-Uses set out in 2.3.2.5
-
3.6
CONSERVATION ZONE
Conditions:
Development standards and conditions set out in the Development Regulations:
Section 1.0 - Authorities
Section 2.0 - Administration
Section 3.0 -- Use Zone Tables indicating permitted and discretionary uses
Section 4.0 - Land Use Definitions and Development standards (by land use class);
Section 5.0 - Accessory Uses & Buildings, and Home Businesses;
Section 6.0 - Building, Lot Siting, Landscaping and Services;
Section 7.0 - Off-street Loading, Parking and Signs;
Section 8.0 -- Subdivision of Land; and,
Section 9.0 -- Development Design Guidelines.
DEVELOPMENT STANDARDS FOR STRUCTURES IN
CONSERVATION ZONE
Minimum Standards in Metres(m):
Front yard (building line)
10
Side yard
5
Flanking yard
8
Rear yard
15
Maximum Standards
Height (m)
15
1. No permanent structures can be constructed in the Conservation zone, except for temporary or
Town of Marystown Development Regulations 2017-2027
39
small-scale structures required for monitoring the environmental value being protected by the zone
designation.
2. Any development within a specified distance of a designated trail or water course will be reviewed
to ensure that development does not negatively impact such trail or watercourse and the property
owner may be required by the Town to provide a buffer.
3. Notwithstanding the standards in the Use Zone Table, Council may require the yard setbacks of new
building to complement the yard setbacks of existing conforming buildings on adjoining or nearby
lots on the same street.
-
Town of Marystown Development Regulations 2017-2027
40
-
3.7
PROTECTED WATER SUPPLY ZONE
PROTECTED WATER SUPPLY
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
-Conservation (4.5)
-Uses set out in 2.3.2.5
-Mineral Exploration (4.4.12)
-Forestry (4.4.7)
-Commercial Agriculture (4.2.1)
-Communications (4.8.1)
-Cottage (4.7.6)
-Accessory Uses and AccessoryBuildings (5.1 & 5.2)
Conditions:
1. All land use and development activities within a designated Protected Water Supply under the
Water Resources Act must be referred to the Water Resources Management Division of the
provincial government for review and approval. No development is allowed without Water
Resources approval. Refer to sections 4.1.10 Water Body Protection for more information regarding
provincial government requirements, particularly 4.1.10.3;
2. Existing uses will continue as non-conforming uses (see section 2.4.3).
3. Development standards and conditions set out in the Development Regulations:
Section 1.0 - Authorities
Section 2.0 - Administration
Section 3.0 -- Use Zone Tables indicating permitted and discretionary uses
Section 4.0 - Land Use Definitions and Development standards (by land use class);
Section 5.0 - Accessory Uses & Buildings, and Home Businesses;
Section 6.0 - Building, Lot Siting, Landscaping and Services;
Section 7.0 - Off-street Loading, Parking and Signs;
Section 8.0 -- Subdivision of Land; and,
Section 9.0 -- Development Design Guidelines.
Town of Marystown Development Regulations 2017-2027
41
USE ZONE TABLE
RESOURCE ZONE
PERMITTED USES
-Commercial Agriculture (4.2.1)
-Forestry Activities (4.4.7)
-Mineral Exploration (4.4.12)
-Mineral Working (4.4.13)
-Conservation (4.5)
- Cottage (4.7.6)
-Accessory Uses and Accessory Buildings (5.1 & 5.2)
-Uses set out in 2.3.2.5
DISCRETIONARY USES
-Veterinary Clinic (4.3.30)
-Outdoor Market (4.3.22)
-Natural Resource Use (4.4.14)
-Natural Resource-Related Uses (4.4.15)
-Industrial -- General (4.4.8)
-Industrial-Heavy/Hazardous (4.4.9)
-Cemetery (4.6.1)
-Campground (4.3.9)
-Contractor- General (4.4.4)
-Public Gathering -- Indoor (4.6.4)
-Public Gathering -- Outdoor (4.6.5)
-Amusement Park/Attraction (4.3.1)
-Salvage/scrap yard (4.4.16)
-Service Station (4.3.29)
-Kennel (4.2.2.4)
-Protective and Emergency Services (4.6.3)
-Resort (4.2.25)
-Marina (4.3.18)
-Residential: (1) Single detached dwelling only in
association with a permitted use (4.7.2)
-
3.8
RESOURCE ZONE
Conditions:
1. Development standards and conditions set out in the Development Regulations:
a. Section 1.0 - Authorities
b. Section 2.0 - Administration
c. Section 3.0 -- Use Zone Tables indicating permitted and discretionary uses
d. Section 4.0 - Land Use Definitions and Development standards (by land use class);
e. Section 5.0 - Accessory Uses & Buildings, and Home Businesses;
f.
Section 6.0 - Building, Lot Siting, Landscaping and Services;
g. Section 7.0 - Off-street Loading, Parking and Signs;
h. Section 8.0 -- Subdivision of Land; and,
i.
Section 9.0 -- Development Design Guidelines.
Town of Marystown Development Regulations 2017-2027
42
2.
No cabin development is allowed within 300 m of Garnish Pond, Gibbons Pond and Long Pond
-
The Mineral Working buffers set out in section 4.1.3 between residential and non/residential
developments and mineral working uses apply.
3. Any applications within the Agricultural Development Area must be referred to the Forestry and
Agrifoods Agency of the Department of Fisheries and Lands Resources.
Town of Marystown Development Regulations 2017-2027
43
-
3.9
MINERAL WORKING ZONE
USE ZONE TABLE
MINERAL WORKING ZONE
DISCRETIONARY USES
PERMITTED USES
-Mineral Exploration (4.4.12)
-Mineral Working (4.4.13)
-Natural Resource Use (4.4.14)
-Accessory Uses and Buildings (5.1 & 5.2)
-Uses set out in 2.3.2.5
-Commercial Agriculture (4.2.1)
-Forestry Activities (4.4.7)
-Salvage/Scrap yard (4.4.16)
Conditions:
1. Development standards and conditions set out in the Development Regulations:
Section 1.0 - Authorities
Section 2.0 - Administration
Section 3.0 -- Use Zone Tables indicating permitted and discretionary uses
Section 4.0 - Land Use Definitions and Development standards (by land use class);
Section 5.0 - Accessory Uses & Buildings, and Home Businesses;
Section 6.0 - Building, Lot Siting, Landscaping and Services;
Section 7.0 - Off-street Loading, Parking and Signs;
Section 8.0 -- Subdivision of Land; and,
Section 9.0 -- Development Design Guidelines.
2.
The Mineral Working buffers set out in section 4.1.3 between and non/residential developments
and mineral working uses apply.
Town of Marystown Development Regulations 2017-2027
44
USE ZONE TABLE
RESIDENTIAL DEVELOPMENT SCHEME AREAS (RDSA)
PERMITTED USES
-Non-conforming uses (2.4.3)
-Uses set out in 2.3.2.5
DISCRETIONARY USES
-Accessory uses (5.1)
-
3.10 DEVELOPMENT SCHEME AREAS
3.10.1 RESIDENTIAL DEVELOPMENT SCHEME AREAS
Conditions:
1. The only accessory uses are those associated with the non-conforming use.
2. No new development can take place until a Development Scheme has been prepared as per
Section 29 of the Urban and Rural Planning Act, 2000 which requires that the DSA adheres to
the process set out in sections 14-25 of the Act.
3. As identified in the ICSMP, the following RDSAs are identified on the Land Use Zoning Map:
i. Southwest Arm RDSA
ii. Markland Road RDSA
iii. Marine Drive RDSA
iv. Shoal Point RDSA
v. Little Bay RDSA
vi. Spanish Room RDSA
4. The Conservation Design for Subdivision approach outlined in 8.3.2 may be considered only in
the Shoal Point RDSA, Little Bay RDSA and Spanish Room RDSA.
Town of Marystown Development Regulations 2017-2027
45
-
3.10.2 MIXED DEVELOPMENT SCHEME AREAS
USE ZONE TABLE
MIXED DEVELOPMENT SCHEME AREAS (MDSA)
PERMITTED USES
-Non-conforming uses (2.4.3)
-Uses set out in 2.3.2.5
DISCRETIONARY USES
-Accessory uses (5.1)
Conditions:
1. The only accessory uses are those associated with the non-conforming use.
2. No new development can take place until a Development Scheme has been prepared as per Section
29 of the Urban and Rural Planning Act, 2000 which requires that the DSA adheres to the process set
out in sections 14-25 of the Act.
3. As identified in the ICSMP, the following MDSAs are identified on the Land Use Zoning Map:
i. Town Centre MDSA
ii. Bayview MDSA
Town of Marystown Development Regulations 2017-2027
46
-
3.10.3 INDUSTRIAL DEVELOPMENT SCHEME AREAS
USE ZONE TABLE
INDUSTRIAL DEVELOPMENT SCHEME AREAS (IDSA)
PERMITTED USES
DISCRETIONARY USES
-Non-conforming uses (2.4.3)
-Accessory uses (5.1)
-Uses set out in 2.3.2.5
Conditions:
1. The only accessory uses are those associated with the non-conforming use.
2. No new development can take place until a Development Scheme has been prepared as per Section
29 of the Urban and Rural Planning Act, 2000 which requires that the DSA adheres to the process set
out in sections 14-25 of the Act.
Town of Marystown Development Regulations 2017-2027
47
4.0
LAND USE DEFINITIONS AND DEVELOPMENT STANDARDS
4.1
GENERAL STANDARDS APPLICABLE TO ALL DEVELOPMENT
These following sections contain standards and conditions that may be relevant in any zone for any
development subject to the site location and proposed use or development.
4.1.1
Access
Definition: Access means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the street (definition from
the Minister's Development Regulations).
Development Standards
1. All development shall front on a publicly maintained road.
2. An access on a municipal road shall be located as specified by the Council
3. All access on a provincial highway is determined by the Department of Transportation and Works
(Note: access permits are administered by Service NL).
4. No vehicular access shall be closer than 10 metres to the street line of a street intersection of a local
road, or 20 metres to the street line of a street intersection in the case of a collector or arterial road.
5. The Council may require the provision of service streets to reduce the number of individual accesses
to an adjacent street.
6. Notwithstanding subsection 1, the following types of development may be allowed with frontage
onto a private road only if they are part of a Comprehensive Development (that is, arrangements are
made for the maintenance of the on-site road, but that the road is not maintained by a Council at
public expense):
-
commercial rental cottages;
-
seasonal commercial uses related to tourism;
-
resort developments;
-
seasonal cottage developments not intended for permanent residential use; and,
-
vacant land condominium subdivisions.
4.1.2
Archaeological Sites
If an archaeological site or artefact is discovered during development of a property, the development
shall stop and Council will consult with the Provincial Archaeology Office of the Department of Tourism,
Culture and Recreation. Development shall not proceed until the Provincial Archaeology Office has
evaluated the site or authorized the development to proceed.
Before approval is granted for a major development such as a subdivision or a new commercial or public
building, the application will be referred to the Provincial Archaeology Office for comments
-
-
-
Town of Marystown Development Regulations 2017-2027
48
Specifically, two known archaeological sites which are protected under the Historic Resources Act and
not to be interfered with in any way. The sites are identified on the Land Use Zoning Mapping:
-
-
Beau Bois -- 644464N//5222323E (NAD 1927)
-
Southwest Arm -- 634025N//5223007E (NAD 1927)
Beau Boil
--
100
200
300
400 m
1:5,000
Town of Marystown Development Regulations 2017-2027
49
Before any development proceeds in the vicinity of a known archaeological site, the application shall be
referred to the Provincial Archaeology Office.
-
4.1.3
Buffers and Separation Distances Between Land Uses:
Definition: Buffer means a berm, wall or opaque fence, row of trees or shrubs, hedge, fence, or
distance separation that provides a barrier between incompatible sites, uses or districts intended to
obstruct or reduce the noise, lighting glare, unsightly views or any other nuisance of one land use or
property onto another.
Standards:
1. The Council may require landscaping and screening buffers for a proposed development in order to
provide:
a. an acoustic barrier;
b. an attractive visual continuity and appearance between developments or on an individual
site;
c. delineation of an area; and
d. protection for the natural environment.
A screen or separation between different or incompatible uses, principally between residential and
non-residential uses, will consist of either a screen of a minimum height of 1.8 metres, or a buffer
of 10 metres between residential and industrial, and 3 metres between residential and commercial.
Where an industrial, commercial or public institutional development permitted in any Use Zone
abuts a street that is used as an access into a residential area or zone, a structural barrier or fence
may be required in the flanking street side yard by Council and the structure or barrier shall be
maintained by the owner or occupier of the property to the satisfaction of Council.
SEPARATION BETWEEN NON-RESIDENTIAL USES AND RESIDENTIAL USES (in metres)
Agriculture -- farm operation for livestock
600
Amusement establishment
45
Auto repair, body repair, car wash
20
Bar, club, lodge,
100
Cottage
Industrial -- general and hazardous
100
Industrial -- light
10
Kennel - > 4 dog runs
215
Kennel -- four or fewer dog runs
100
Mineral working
300
Public institutional
3
Restaurant -- drive through
3
Salvage/scrap yard
200
Solid waste recycling/disposal and composting sites
300
-
Town of Marystown Development Regulations 2017-2027
50
-
SEPARATION BETWEEN NON-RESIDENTIAL USES AND OTHER NON-RESIDENTIAL USES
(in metres)
Agriculture -- farm operation
45 from Centerline of Street
30 m from Watercourse
Cottage
Mineral working
150 m from proposed development
90 m from Designated Protected Road
50 m from Local public roads
50 m Commercial, public &institutional uses
Salvage/scrap yard
100 m from Existing/future commercial areas
2 5 m Public highway or street
50 m from Watercourse/water body
Solid waste
recycling/disposal and
composting sites
150 m from Potential development areas
50 m from Watercourse/ water body
90 m Class I and II Protected Roads
50 m from Class III and IV Protected Roads & local roads
4.1.4
Comprehensive Development
Definition: Comprehensive Development means an integrated development which may involve a single
use class or a mix of use classes or a mix of uses that responds to a unique market opportunity and
involves special development standards not otherwise permitted in the zone.
Conditions:
Subject to the following conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. A comprehensive development must have frontage on a public road and comply with use
requirements of the Zone within which it is located. Notwithstanding the requirement for serviced
development, if municipal services are not feasible to the standard required by the Town, the
provision of on-site services must meet requirement of provincial agencies, in particular, Water
Resource Management Division and Service NL;
3. Roads and services provided in a comprehensive development will be treated as if they were public
roads, public services and public utilities for the purpose of approvals by the Authority and other
agencies.
Town of Marystown Development Regulations 2017-2027
51
4. The most common example of a comprehensive development is a vacant land condominium/bare
strata development consisting of a contiguous area to be planned, developed, operated, and
maintained as a single entity and containing one or more structures with common areas that belong
to them, such as a box store complex, resort, multi-unit residential. A comprehensive development
may be approved by Council in any zone as a development and/or subdivision on public or private
services, subject to the following requirements:
a. the development and/or subdivision shall comply with the requirements of the Integrated
Community Sustainability Municipal Plan or any scheme adopted under it, and with the
zoning for the site as it pertains to land use, height, and have a suitable relationship to
nearby land uses in respect to appearance, traffic requirements, and demands on municipal
services; and,
b. a Development Agreement having a Comprehensive Development site plan attached
thereto, satisfactory to Council, between the owners of the land and the Town shall be
registered in the Registry of Deeds of Newfoundland and Labrador, controlling the use and
development of such land.
4.1.5
Crown Land
Definition: Crown land has the meaning as set out in the Lands Act, 1991.
Conditions:
1. The use of Crown land is subject to the Town of Marystown ICSMP and Development Regulations,
including zoning and permitting requirements.
4.1.6
Federal and Provincial Government Requirements
Wherever possible, the requirements of the federal and provincial agencies have been incorporated into
the development standards; however, given that these change over time and other exigencies,
applicants are responsible to ensure that all appropriate federal and provincial permits and approvals
have been secured prior to the use and/or development of land within the planning area boundary.
4.1.7
Protected Roads
Definition: Protected Roads are provincial highways designated as 'Protected Road's in the Protected
Road Zoning Regulations, 1996 under the Urban and Rural Planning Act, 2000. They can be viewed on a
map (click on 'zoning for all highways') found at:
http://www.mae.gov.nl.ca/publications/protected roads/reglist.html?
Conditions:
1. A Development Permit is required from Service NL for development occurring along a Protected
Road within the Planning Area boundary as follows:
-
Town of Marystown Development Regulations 2017-2027
52
o
-
150 m from the centerline of the provincial highway on either side - from the Planning Area to the
Municipal Area boundary located at Poverty Brook (about 900 m west of the Cow Head turnoff);
and for a segment on the north side of route 210 extending 0.5 km east of the bridge;
-
Does not apply within the Municipal Area boundary.
2. The Integrated Community Sustainability Municipal Plan and Development Regulation land use
policies, designations, zoning and development regulations apply along Protected Roads within the
Planning Area boundary.
4.1.8
Nuisance
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 Council and any other authority having jurisdiction.
4.1.9
Soil Removal, Soil Deposit and Site Grading
1. No development permit for removal or deposit of soil, or the excavation and removal of excavated
material or grading is required if it is part of an approved development project or affects less than
125 m3 of soil, sand, gravel, rock or other substance down to and including bedrock. All other cut or
fill work, excavation and removal and deposit of material or grading requires a development permit
under these Regulations.
2. Removal or deposit of soil, topsoil, sods, or the excavation and removal of excavated material or
grading requiring a development permit must meet the following conditions:
a. land intended for the activity or grading has a slope of less than 25%;
b. resulting slopes are stable and without hazards;
c. when the work is completed, the area affected shall be covered with topsoil and other
necessary material for vigorous plant growth and planted with appropriate vegetation;
d. drainage must be provided to the satisfaction of Council and will be designed so as not to
impair existing surface drainage nor to create erosion either on the site or on adjacent sites.
3. Restrict development in environmentally sensitive areas such as steep slopes and areas prone to
landslides and rockfall;
4.1.10 Water Body Protection
Definition: (From the Water Resources Act, 2002) "body of water" means a surface or subterranean
source of fresh or salt water within the jurisdiction of the province, whether that source usually contains
liquid or frozen water or not, and includes water above the bed of the sea that is within the jurisdiction
of the province, a river, stream, brook, creek, watercourse, lake, pond, spring, lagoon, ravine, gully,
canal, wetland and other flowing or standing water and the land occupied by that body of water;
Town of Marystown Development Regulations 2017-2027
53
Conditions:
-
4.1.10.1 Watercourse or Wetland:
For development Within or Adjacent to a Watercourse or Wetland, the following applies:
1. All portions of a lot that are located within 15 metres of the edge of a wetland or the top of the
stream bank of a watercourse, will be subject to the following:
No building or structure will be permitted, except for:
-
reconstruction of a building that was in existence on the date of approval of this
Integrated Community Sustainability Municipal Plan;
-
an accessory building or structure to the above reconstructed building;
-
a passive recreational use;
-
wharves, boathouses, slipways and breakwaters that conform to the guidelines
provided by the Water Resources Management Division; and/or,
-
uses that require direct access to a body of water in buffers.
2. Other than a development related to conservation or water supply management and protection,
no development or other resource use activity will be permitted in the vicinity of a watercourse
in a Protected Water Supply Area except in accordance with the following minimum buffers.
Buffers apply to Protected Water Supply Areas
Watercourse
(Body of water)
Buffer
Minimum width
-
Intake pond or lake
150 metres
-
Intake river
150 metres for 1 kilometre upstream and
100 metres downstream of a water supply
intake
-
Main river channel
75 metres
-
Major tributaries, lakes or ponds
50 metres
-
Other watercourses
30 metres
-
Ensuring conformance with requirements of the Water Resources Management Division of the
provincial government
-
Subject to the appropriate approvals and reviews, wharves, boathouses, slipways and
breakwaters may be permitted within the 30 m buffer provided that they conform to the
guidelines provided by the Water Resources Management Division;
-
Where fish habitat is affected, Fisheries and Oceans Canada must be consulted;
Town of Marystown Development Regulations 2017-2027
54
-
-
Subject to the appropriate approvals and reviews, only roads, public services and utilities, trails
and accessory uses, and uses requiring direct access to a body of water may be permitted within
the 30 m buffer area; and,
-
On-site sewerage disposal systems are prohibited within 30 metres from a waterbody or
watercourse.
4.1.10.2 Protected Public Wellhead Water Supply Area
Definition: Protected Public Wellhead Water Supply Areas are designated under the Water Resources
Act, 2002 for the protected of public water supply and Protected Public Wellhead Water Supply Area.
Conditions
1. Council will not approve any development or activity in the Protected Public Wellhead Water Supply
Area unless and until all required approvals have been obtained from the Water Resources Branch
of the Department of Environment and Conservation.
4.2
AGRICULTURE LAND USE CLASS
4.2.1
Commercial Agriculture:
Definition: Commercial Agriculture means of farm operation as specified in the Farm Practices
Protection Act, 2000.
Conditions:
1. No structure for a Livestock and Poultry Farm Operation shall be erected or used unless it complies
with the following conditions. (Environmental Farm Practices Guidelines for Livestock Producers in
Newfoundland and Labrador and Environmental Farm Practices Guidelines for Poultry Producers in
Newfoundland and Labrador);
2. The structure shall be at least six hundred metres (600 m) from:
a residence (except a farm residence or a residence which is a nonconforming use in any zone in
which agriculture is a permitted use class in the Use Zone Schedules of these Regulations),
an area designated for residential use in an approved Plan, and
a Provincial or Federal Park.
3. The structure shall be at least forty-five metres (45 m) from the boundary of the property on which
it is to be erected.
4. The structure shall be at least ninety metres (90 m) from the centre line of a street.
5. The erection of the structure shall be approved by the Agri-foods Development Branch, Government
of Newfoundland and Labrador.
6. Manure storage must be located 100 m from the boundary of the property; Service NL must
approve all manure systems
7. No development for residential use shall be permitted within six hundred metres (600 m) of an
existing structure designed to contain more than five animal units unless the development is first
approved by the Agri-foods Development Branch, Government of Newfoundland and Labrador.
Town of Marystown Development Regulations 2017-2027
55
8. Approvals must be obtained from the Agri-foods Development Branch, Government of
Newfoundland and Labrador for any commercial farming operation.
4.2.2
Urban Agriculture
Definition: Urban Agriculture means non-farm operation agricultural activities that are compatible
within a developed urban setting, such as some residential and mixed-use zones, and includes:
horticulture, vegetable growing, fruit growing, and the use of land as market gardens, nursery grounds,
and community gardens, and the keeping of domestic animals, such and livestock, poultry and dogs.
4.2.2.1 General Conditions:
1. Urban agricultural uses must meet the requirements for a home business (refer to section 5.4
below)
2. A permit is not required for any residential garden or home gardening that does not involve
permanent structures, on-site sales, or keeping of animals.
4.2.2.2 Community Garden
1. community gardens are to be maintained in a neat and tidy fashion; and
2. all disturbed areas not comprising the area of the community garden are to be reinstated with a
minimum of grass sods to the satisfaction of the Town.
4.2.2.3 Livestock and Poultry Standards
The following standards apply to livestock and poultry:
1. For every 0.4 hectare (with a minimum of 0.4 hectares):
-
2 of these livestock species: cow, bull, horse, mule, ass, swine or llama, and includes their young;
-
6 sheep/goats;
-
12 head of poultry (excluding roosters);
-
12 rabbits;
Shall be allowed; and,
2. On lots smaller than 0.4 hectares, but greater than 669 m2 = 4 chickens, no roosters shall be
allowed.
4.2.2.4 Kennel
Definition: Kennel means a building or portion thereof used for the keeping or boarding of more than
eight (8) domestic animals, excluding livestock, kept for the purposes of commercial breeding or
showing, or for personal use, with or without veterinary care, and includes an animal shelter.
Conditions:
1. appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
-
Town of Marystown Development Regulations 2017-2027
56
-
2. the outside perimeter of all areas related to the kennel where animals are kept shall be enclosed by
a solid fence or fence and a solid hedge at least 1.8 m in height to screen the areas from adjacent
properties;
3. the kennel must be located on a lot of 2 hectares or more;
4. all buildings related to the kennel shall contain at least 8 cm (3 inches) of insulation in all exterior
walls and ceiling for the purpose of soundproofing;
5. all buildings, pens and runs shall be sited not less than 15 m from any property line, and 90 m from
any residence except the kennel site; and,
6. Council shall be satisfied that the kennel shall not impact upon surrounding residential
neighbourhoods.
4.2.3 Agriculture Development Area
Definition: Agriculture Development Area means an area designated by the Agri-foods Development
Branch as an Agriculture Development Area for the purpose of agriculture and agriculture-related
development.
Conditions:
1. All development applications within the overlapping Winterton ADA must be referred to the Agri-
foods Development Branch for appropriate review according to provincial legislation and regulation.
4.3
COMMERCIAL LAND USE CLASS
This class includes land uses and development for activities providing for the sale of goods and services.
Generally, the Use Zone standards apply; however, as required, specific conditions are tailored to the
activity and associated traffic in order to address public health, safety and conservation issues and
achieve the intent of the community of the land use zone in which the activity is located.
4.3.1
Amusement Establishment/Use
Definition: Amusement establishment use means the use of land or a building or a part thereof used by
the public for indoor non-sport games, such as, billiard and pool halls, bingo hall, mechanical
amusement games (more than three game machines), video games. It does not include those on the
premises of a hotel or bar.
Conditions:
1. Must meet Use Zone Site Development Standards;
4.3.2
Amusement Park/Attraction
Definition: Amusement park/attraction means an outdoor area where buildings or structures may be
permanently or temporarily erected for the purpose of amusement, entertainment or education of a
large number of people, including a circus, carnival, midway show, race-track, sideshow, fairgrounds, or
Town of Marystown Development Regulations 2017-2027
57
similar exhibition which may have mechanically or electrically operated amusement rides or games, and
theme parks.
-
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
2. Must meet Use Zone Site Development Standards or except for temporary amusement operations;
3. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.3
Auto Body Shop:
Definition: An auto body shop consists of a building or a clearly defined space on a lot used for the
storage and repair of motor vehicles including body repair, painting and detailing, but does not include a
service station or an automobile repair shop or an automotive sales establishment.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Must be 20 m from a residential lot;
3. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4. There shall be no outdoor storage of inoperable vehicles on the premises and no scrapping of
vehicles shall be permitted;
5. Must apply measures to minimize any noise, spray or fumes through the installation of appropriate
equipment; and all waste fluids and tires shall be disposed of in accordance with applicable
provincial regulations;
6. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
4.3.4
Automotive Repair Shop
Definition: An automotive repair shop means a development for the servicing and repair of motor
vehicles. This definition includes but is not limited to transmission repair shops, muffler repair shops,
tire shops, automotive glass shops, auto body repair, painting and detailing, and automotive upholstery
shops, but does not include an automotive sales establishment, a service station, or salvage or wrecking
and recycling yard.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3. There shall be no outdoor storage of inoperable vehicles on the premises and no scrapping of
vehicles shall be permitted;
Town of Marystown Development Regulations 2017-2027
58
-
4. Must apply measures to minimize any noise, spray or fumes through the installation of appropriate
equipment; and all waste fluids and tires shall be disposed of in accordance with applicable
provincial regulations;
5. A minimum buffer between residential use and vehicle repair, body repair, car wash shall not be
located closer than 20m from residential use; and,
6. A parking area abutting a residential lot shall be appropriately screened by a fence, wall, or hedge of
height not less than one (1) metre and located a minimum distance of 1 metre from the edge of the
parking area.
4.3.5
Automotive Sales and Service Establishment
Definition: An automotive sales and service establishment means a lot, building or structure used for
the display and sale of new or new and used motor vehicles, including trucks and mobile homes; and
may include the servicing, repair, cleaning, polishing, and lubrication of motor vehicles; the sale of
automotive accessories and related products; and the leasing or renting of motor vehicles.
Conditions:
1. The application submitted by the developer shall include the following:
the number and location of parking spaces,
ingress and egress of the parking lot,
motor vehicle circulation pattern around the lot,
location of any building on the lot,
area to be landscaped and screened and the type of landscaping to be used, and
customer parking in accordance with these regulations.
2. The automotive sales use shall have a principal building on the lot in which the business is
conducted. The principal building will include washroom facilities and shall be connected to
municipal water and sewer services where such services exist. Where municipal water and sewer
services do not exist, the washroom facilities of the principal building shall be approved by and meet
the requirements of the Provincial Department of Health.
3. The automotive sales lot shall be paved and shall provide drainage, lighting, curbs, and landscaping
in accordance with the requirements of Council;
4. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
5. The automotive sales use shall be licensed under the Automobile Dealers Act prior to the use
commencing.
4.3.6
Bar
Definition: Bar means a development licensed for the sale of alcoholic beverages to the public, for
consumption within the premises and where entertainment and meals may be provided. Typical Uses
include dance clubs, cabarets, nightclubs, lounges, tavern, neighbourhood pubs and bars, beverage
rooms, private clubs, cocktail lounges, and similar uses.
Town of Marystown Development Regulations 2017-2027
59
Conditions:
1. Must meet Use Zone Site Development Standards; and,
2. Must be 100 m from a residential lot
3. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.7
Building Supply Store
Definition: Building supply store means a building or land on which building and construction supplies
and home improvement materials are kept for sale.
Conditions:
1. Must meet Use Zone Site Development Standards; and,
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.8
Business Support Service
Definition: Business support service means development used to provide support services to businesses
which are characterized by one or more of the following features: the use of mechanical equipment for
printing, duplicating, binding or photographic processing; the provision of office maintenance, custodial
or security service, and the sale, rental, repair or servicing of office equipment, furniture and machines.
Conditions:
1. Must meet Use Zone Site Development Standards
2. Standard: Appropriate noise and separation measures shall be incorporated into the development
to reduce noise impact on surrounding properties;
4.3.9
Campground, including RV campgrounds
Definition: Campground (including RV campgrounds) means a public or privately-operated facility
offering overnight to seasonal camping experiences for 3 or more tent sites or serviced recreational
vehicle sites, associated rental cabins, and including accessory administrative offices, convenience store,
laundry facilities, sanitary facilities, recreational hall and associated recreational uses that cater to short-
term guests, not to year-round residents and does not include industrial, work or construction camps or
permanent mobile home or mini-home parks;
Conditions:
1. A proposed campground, including trailer and Recreational Vehicle park, will require a
Comprehensive Development application (2.2.2 & 2.2.4) satisfactory to Council containing the
following information:
Location and size of camp and trailer sites
Internal roads and accesses
Parking areas
-
Town of Marystown Development Regulations 2017-2027
60
-
Accessory uses such as laundry facilities, storage areas, washrooms, showers,
convenience store, staff accommodations, and outdoor and indoor recreation facilities
Water supply and waste disposal
Landscaping
Buffers and screening between the site and other nearby land uses
Delineation of the property to be developed on a legal survey
Where deemed necessary by Council, a phasing plan for development.
On-site water and sewer services must meet minimum standards required by Council
and relevant Provincial agencies.
Washroom facilities, recreational areas, parking areas, and similar facilities directly
associated with the development will not be located on separate properties.
2. All camp sites and on-site facilities that form part of the development will be accessible only via the
internal road network of the development.
3. The development permit will specify the maximum number of campsites for different uses such as
tents, trailers, and RVs that will be permitted on the site.
4. No expansion or alteration of a campground, other than repairs and maintenance, will take place
without the approval of Council.
5. The operation will comply with all bylaws and regulations of Council pertaining to noise and unruly
behaviour.
6. Where deemed necessary by Council, a deposit sufficient to cover the cost of buffers and screening
shall be deposited with Council until the work is completed in accordance with the approved plan.
4.3.10
Child Care -- non-residential
Definition: Child care means a building or part of a building in which personal care services are regularly
provided to children for group day care, family day care, pre-school, play school, out-of-school care,
specialized day care, and emergency day care, all as licensed and regulated by the Province of
Newfoundland and Labrador, but does not include a school as defined by the Schools Act. (Note: child
care - residential is found in section 5.4)
Conditions:
1. A Child Care Centre shall be duly licensed and approved, staffed, equipped and operated in
accordance with the requirements of the agencies having jurisdiction or authority;
2. The section of the street on which the use is located allows sufficient area and sight distance for the
safe and convenient drop off and pick up of children without hindering the safety and convenience
of vehicular and pedestrian traffic on the street, or the development provides adequate off-street
drop off or pick up spaces satisfactory to Council; and,
3. The use must be compatible with nearby uses.
4.3.11 Club and Lodge
Definition: Club or lodge means a building or structure used by a non-profit association or organization
for fraternal, social, or recreational purposes.
Town of Marystown Development Regulations 2017-2027
61
Conditions:
1. Must meet Use Zone Site Development Standards
2. Note that this can also be an Accessory Use (refer to section 5.1)
4.3.12
Contractor, Limited (Small)
Definition: Contractor, limited (small) means a building or part thereof providing services for electrical,
plumbing, heating, painting and similar contractor services to individual households including accessory
sale of goods associated with this service where all materials are within an enclosed building and there
is no accessory manufacturing or fleet of vehicles consisting of more than 4 vehicles.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.13 Convenience Store
Definition: Convenience store means a building which is used as a retail store providing a range of
household and grocery items, and may include postal services, take-out, and may be licensed to sell
alcohol, but is not a supermarket.
Conditions:
1. The store may form part of, or be attached to, a dwelling unit or be a stand-alone building;
2. The retail use shall be subsidiary to the residential character of the area and shall not affect
residential amenities or adjoining properties;
3. The take-out use shall be subject to the conditions set out in 4.3.26.1;
4. Adequate provision for on-site parking, loading, buffering and landscaping must be provided; and,
5. The hours of operation are appropriate to the nature of the building and surrounding
neighbourhood and the operation does not create a nuisance.
6. Must meet Use Zone Site Development Standards;
7. A Take Out associated with a convenience store shall be subject to the following standards:
-
A Take-Out Food Use shall have a parking area or stacking lane with a minimum length before
the pick-up window, as determined by Council based on the anticipated on the level of traffic to
be generated;
-
Order boards and signage shall be designed to minimize impact on adjacent residential or
institutional uses.
-
As determined by Council: A buffer consisting of a sound-proof fence and landscaping may be
required adjacent to residential uses. A fence, berm, and landscaping or a combination of these
elements shall be used to reduce headlight glare, lighting, and noise from the Take Out; garbage
receptacles shall be placed either before the pick-up window or after the pickup window.
-
-
Town of Marystown Development Regulations 2017-2027
62
- 4.3.14 Custom Manufacturing Service (small/artisan)
Definition: Custom manufacturing service (small/artisan) means a building where goods are stored,
produced, assembled, or repaired to consumer specifications and sold at retail on the premises and may
include welding, sheet metal, woodworking, flooring and tile contractors, and machine shop.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.15
Garage, Public
Definition: Garage, public means a building or place other than a private garage where motor vehicles
are kept or stored for remuneration which does not include any automatic car washing establishment, a
motor vehicle sales establishment or an automobile service station.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Must be located 20 m from residential uses; and appropriate noise and separation measures shall be
incorporated into the development to reduce noise impact on surrounding properties;
-
4.3.16 General Service/Repair
Definition: General Service/repair means an outlet for servicing, repairing, installing, or renting items
and equipment, without limiting the generality of the foregoing, includes the following examples, radio,
television, and computer service and repair shops; locksmith shops; small appliance service or repair
shops; household and limited contractor service or repair shops; tools and equipment rental shops.
Conditions:
1. Must meet Use Zone Site Development Standards
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties
4.3.17
Hotel or Inn
Definition: Hotel or Inn means a commercial establishment offering lodging and guest services to
travelers and sometimes to permanent residents, and may have restaurants, meeting rooms,
conference facilities, a lounge, stores, etc., that are available to the general public. In general, to be
called a hotel (rather than a bed and breakfast), an establishment must have a minimum of five letting
rooms accessed from within the building, at least three of which must have ensuite private bathroom
facilities.
Conditions:
-
1. Must meet Use Zone Site Development Standards
Town of Marystown Development Regulations 2017-2027
63
4.3.18 Marina
-
Definition: Marina means a dock or basin together with associated facilities where slips, moorings,
supplies, repairs, and other services that are typically available for boats and other watercraft, including
storage, sales and rentals, with or without a club house and catering facilities. It can also include a boat-
house or shed associated with a dock or wharf.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
3. Provide and maintain public access to the shoreline via a walkway, path or trail, located, designed
and constructed to the satisfaction of the Council
4. Parking shall be provided for both vehicles and boat trailers with adequate turning areas within the
parking lot;
5. Outdoor storage areas for boats or other equipment shall be landscaped and screened to the
requirements of the Council;
6. Marinas shall be serviced with a supply of potable water and facilities for the collection and disposal
of wastewater in a manner acceptable to the Council;
7. Wharf/Boathouse/Slipway/Breakwater structures shall follow the guidelines for the Construction
and Maintenance of Wharves, Breakwaters, Slipways and Boathouses which are available at:
http://www.env.gov.nl.ca/env/waterres/regulations/appforms/Guidelines_for_Wharves.pdf
The Applicant must obtain a permit under of the Water Resources Act, 2002 under Section 48
(http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm) for any infilling or dredging work
associated with these structures or other works near or in any body of water prior to the start of
construction. Contact: Manager, Water Rights & Investigations Section - (709) 729-4795
4.3.19
Medical or Dental Clinic/Office
Definition: Medical or dental clinic/office means a building or part thereof used by qualified physicians,
dentists, osteopaths, counselors, or other drugless practitioners, including their staff and patients, for
the purpose of out-patient consultation, diagnosis and office treatment. A medical clinic may include
accessory uses such as waiting and treatment rooms, laboratories, dispensaries and administrative
offices. A medical clinic does not include accommodation for overnight patient care or operating room
facilities.
Conditions:
1. Must meet Use Zone Site Development Standards.
4.3.20 Motel
Definition: Motel means an establishment providing accommodation for travelers or the transient
public that consists of one or more than one building containing four or more attached accommodation
units accessible from the exterior only and may or may not have facilities for serving meals.
Town of Marystown Development Regulations 2017-2027
64
- Conditions:
1.
Must meet Use Zone Site Development Standards
4.3.21 Outdoor Commercial Patio
Definition: Outdoor commercial patio means any outdoor area used in conjunction with any
establishment licensed under the Liquor License Act, where meals or refreshments are served to the
public for consumption on the premises.
Conditions:
1. An outdoor commercial patio shall not accommodate more than 50 percent (50%) of the licensed
capacity of the restaurant with which the patio is associated, or 50 persons, whichever is the
g reater.
2. No outdoor commercial patio shall be permitted in any yard facing or abutting a residential zone or
abutting a yard or lane facing or abutting a residential zone unless:
it is located a minimum of thirty metres (30 m) from the residential zone; and
it is screened and physically separated from the residential zone by a building, structure or wall that
is at least two metres (2 m) in height so that noise from the outdoor patio is mitigated.
3. Unless otherwise determined by Council, an outdoor commercial patio shall have a minimum
setback of one decimal five metres (1.5 m) from any lot line.
4. The location of an outdoor commercial patio on a lot shall not obstruct the view or path of
pedestrian and vehicular traffic that accesses or egresses to or from a street onto or out of the lot.
5. The outdoor commercial patio must not encroach on or eliminate any required parking or loading
space, driveway or aisle for the lot on which it is located.
6. The outdoor commercial patio shall be so located on the lot as to not interfere with snow clearing
and snow operations of Council.
7. No outdoor commercial patio shall be so located above the elevation of the floor of the first storey
of the principal building where the lot adjoins a residential use zone.
8. Any outdoor lighting shall be directed toward or onto the outdoor commercial patio area and away
from adjoining properties and streets.
9. No loading space shall be required for an outdoor patio restaurant.
10. No music (whether performed live or recorded), dancing or other forms of entertainment shall be
permitted.
11. Parking spaces shall be required for the gross floor area associated with the outdoor commercial
patio use at the same ratio as for restaurants.
4.3.22 Outdoor Market
Definition: Outdoor market means the sale of goods or products at an open property with no
permanent buildings; temporary facilities or open stalls may be used to hold and display the goods being
sold. Examples may include farmers markets, fish market, flea markets or other types of goods.
Conditions:
1. Must meet Use Zone Site Development Standards;
Town of Marystown Development Regulations 2017-2027
65
-
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3. Requires sufficient off street/highway parking for customers and ensure that the sight lines (visual)
or sign distance at any intersection is not obstructed.
4.3.23
Personal Service
Definition: Personal service means a building or part of a building used for the provision of personal
services to an individual which are related to the care and appearance of the body, or the cleaning and
repair of personal effects; and where the sale of retail of goods, wares, merchandise, articles, or things is
only accessory to the provisions of such service, Examples include barbershops, hairdressers, beauty
salons, health and wellness centres/spas, tanning salons, tattoo parlours, tailors, dressmakers, shoe
repair shops, and dry cleaning establishments and laundromats. This Use Class does not include medical
and dental clinics and excludes any manufacturing or fabrication of goods for sale.
Conditions:
1. Must meet Use Zone Site Development Standards
4.3.24
Offices: Professional, Financial and Associated Support Services
Definition: Offices: professional, financial and associated support services means development
primarily used for the provision of professional, management, administrative, consulting, and financial
services, but does not include medical or dental clinics. Typical Uses include: the offices of lawyers,
accountants, engineers, and architects; offices for real estate and insurance firms; clerical, secretarial,
employment, telephone answering, and similar office support services; and banks, credit unions, loan
offices and similar financial uses.
Conditions:
1. Must meet Use Zone Site Development Standards
4.3.25
Resort
Definition: Resort (sometimes referred to as a Tourist Cottage Establishment) means the use of land,
buildings and structures to provide sleeping accommodations, communal or individual facilities for
cooking and serving of meals for guests or a restaurant; recreation uses, such as golfing, tennis, lawn
bowling, marinas, health spa, swimming pools, angling and other watersport activities, hunting and
recreational shooting, cross-country skiing, sightseeing, camping, hiking, indoor recreational activities
and other similar uses, plus gift and craft shops and the furnishing of equipment, supplies or services to
guests in connection with any of the foregoing activities and may include accommodation for the
operator and staff.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
Town of Marystown Development Regulations 2017-2027
66
- 4.3.26 Restaurants
4.3.26.1 Drive-Through and Take-Out
Definition: Restaurant -drive-through and take-out means a building designed to allow drivers to
remain in their vehicles before and during an activity on the site. Food and drink are prepared then sold
to the public for immediate consumption either within an eating area inside or outside of the building or
within the patron's own motor vehicle onsite, or for elsewhere off the premises it may include a seating
area for in-house consumption and parking for in-house patrons. It is not licensed to sell alcoholic
beverages.
Conditions:
1. A Drive-Through Restaurant shall have a stacking lane with a minimum length before the pick-up
window, as determined by Council on the level of traffic generated by the drive-through use as
listed below, and the stacking lane length may be modified on the basis of the recommendations of
a Land Use Impact Assessment:
Level of Generation
Minimum Stacking Lane Length
High Generator
72 m
Medium Generator
54 m
Low Generator
36 m
2. A minimum of six metres (6 m) after the pick-up window to on-site aisle or parking area.
2. A Drive-Through Use related to a shop or bank use shall have a stacking lane with a minimum length
of eighteen metres (18 m) from the pick-up window or automated teller machine and a minimum of
six metres (6 m) after the pick-up window or automated teller machine to the on-site aisle or
parking area.
3. Drive-through stacking lanes shall not be located between the street and the building.
4. Drive-through stacking lanes shall be located away from adjacent residential and institutional uses
whenever possible.
S. Drive-through stacking lanes should be separated by raised islands, be well signed to provide for
ease of use and located so as to avoid crisscrossing of lanes.
6. Order boards with an intercom shall be designed to minimize noise impact on adjacent residential or
institutional uses. Council may require the applicant to undertake a Land Use Impact Assessment to
assess the proposed Drive-Through Use and mitigation measures where the Drive-Through Use is in
close proximity to residential uses.
7. No drive-through stacking lane, order window, or order board shall be located within three metres
(3 m) of a lot line abutting a residential use.
8. A buffer consisting of a sound-proof fence and landscaping shall be provided adjacent to residential
uses. A fence, berm, and landscaping or a combination of these elements shall be used to reduce
headlight glare, order board lighting, and noise from the Drive-Through Use. Garbage receptacles
shall be placed either before the pick-up window or after the pickup window as determined by
Council.
Town of Marystown Development Regulations 2017-2027
67
9. If the use of any land, building or structure is composed of a combination of Drive-Through Use and
any one or more other uses, those uses shall not be construed as accessory to one another and all
provisions pertaining to each use shall apply.
10. Must meet Use Zone Site Development Standards
-
4.3.26.2 Full Service Restaurant
Definition: Restaurant-full service means a building or part of a building wherein the primary purpose is
the preparation of food for sale to the public y for consumption within the building and may include a
take-out area. It is characterized by the provision of table service, including buffet service and may also
be licensed to serve alcoholic beverages.
Conditions:
1. Must meet Use Zone Site Development Standards
2. Refer to Outdoor Commercial Patio for standards related to outdoor areas
4.3.26.3 Mobile Take-Out or Street Vendor
Definition: Restaurant-mobile take-out or street vendor means a mobile food preparation motorized
vehicle or non-motorized cart offering food and non-alcoholic beverages for immediate consumption
that subject to the requirements of the Municipalities Act, 1999 and the Highway Traffic Act, 1990.
Conditions:
The use of land for the parking of a vehicle or trailer for a period of time for vending purposes, including
the sale of refreshments or merchandise or as an office shall be subject to the following conditions.
1. The parking of a vehicle or trailer for vending or office purposes shall only be permitted as a
subsidiary use on a lot with an existing principal building.
2. The parking of a vehicle or trailer shall not be located on any required landscaped yards.
3. The parking of a vehicle or trailer shall only be permitted if the lot has a sufficient parking area to
accommodate the parking requirements of the principal building or use on the lot and the subsidiary
vehicle or trailer use with its associated parking.
4. The parking of a vehicle or trailer shall not hinder lot access or egress or create an obstruction to
vehicles entering or exiting the lot.
5. If a vehicle or trailer is used for the purpose of the preparation, cooking, and/or sale of food and/or
refreshments, the following approvals are required prior to the placement of a vehicle or trailer on
the lot
approval from the Regional Fire Department regarding the appliances to be used and the required
fire suppression measures, and
approval from the Provincial Department of Health regarding the storage and preparation of food
and/or refreshments.
6. A vehicle or trailer will be required to provide, or have access to, washroom facilities as determined
by Council.
Town of Marystown Development Regulations 2017-2027
68
7. Council shall limit the length of the Development Permit to a maximum of one year and the permit
may be renewed on an annual basis if the applicant wishes to continue the use.
-
4.3.27
Retail
Definition: Retail means a building or part of a building used for the retail or consignment sale of goods,
wares, substances, or merchandise directly to the public within an enclosed building, including a drug
store, bakery appliance or clothing store or art studio and shop. This use class does not include the sale
of gasoline, heavy agricultural and industrial equipment, wholesale goods, automotive and recreation
vehicle sales/rentals, flea market, gas bars, greenhouses, plant nurseries and market gardens, service
stations, and box store or warehouse sales. Accessory uses may include the assembly or repair of
products sold on site or public services such as postal services or pharmacy.
Conditions:
1. Must meet Use Zone Site Development Standards
4.3.28 Shopping Centres/ Retail Warehouse:
Definition: Shopping Centres/Retail Warehouse means a large single-level individual store with a
minimum of 1000 square metres gross retail floor space normally selling goods such as Do-It-Yourself
goods, building supplies, furniture, electrical goods, carpets and gardening goods, box stores, with car
parking.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
4.3.29
Service Station
Definition: Service Station means land or building used exclusively for the sale/installation of petroleum
products and may include minor repair to vehicles, cleaning and maintenance essential to the actual
operation of vehicles, and the sale of automotive accessories; but does not include an automotive body
repair shop, automotive sales establishment. Service stations are classified as: Residential or Highway as
outlined below.
Conditions that apply to both Residential and Highway Service Stations:
Minimum Standards for all Service Stations and Gas Bars, notwithstanding the development standards
of the Use Zone in which a service station or gas bar is located, a service station and/or gas bar shall be
subject to the following conditions:
1. All gasoline pumps shall be located on pump islands designed for such purpose, and to which
automobiles may gain access from either side, except in the case of propane, diesel, and kerosene
pumps, which may access from one side;
Town of Marystown Development Regulations 2017-2027
69
2. Pump islands and canopies shall be set back at least four metres (4 m) from the required landscaped
front or side yards;
3. Accesses shall not be less than seven metres (7 m) wide and shall be clearly marked and, where a
service station is located on a corner lot, the minimum distance between an access and the
intersection of street lines at the junction shall be ten metres (10 m) and the lot line between
entrances shall be clearly indicated;
Lot Area (minimum) 900 m2
Lot frontage (minimum) 48 m; or 35 m along each street at intersection
Building Height (maximum) 1 storey
Building Line (minimum) 6 m
Building Line -- Canopies (minimum) 3 m
4. Surface runoff shall be directed to an oil/water separator before being discharged into a storm
sewer or other drainage system.
5. Minimum of 2 access points for access/egress.
6. Landscaping required along front and exterior lot lines.
4.3.29.1 Service Station -- Residential
Definition: Service Station-Residential is a Service Station as defined above which may have a
convenience store, snack bar or drive-through or take-out restaurant subordinate to the main use but is
not a truck stop (as in a Service Station -- Highway).
Condition:
1.
All Service station requirements apply
4.3.29.2 Service Station --Highway
Definition: Service Station-Highway includes a full restaurant, convenience store and other services for
the travelling public; and may include a truck stop and services for transport trucks.
Condition:
1. All Service station requirements apply;
2. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4); and,
3. Provide adequate separation of areas intended primarily for trucks from areas for cars, buses,
recreational vehicles, vehicle washes, repair areas, trash enclosure areas and other traveler services
waste dumping, passive recreation and structures such as a visitor information centre.
4.3.30
Veterinarian Clinic
Definition: Veterinarian Clinic means a building, structure or parts thereof where one or more
registered veterinarian surgeons including associated staff provide examinations and surgical or medical
treatment to domestic pets, animals or livestock, and may include treatment rooms, laboratories,
dispensaries and associated office. Facilities for the overnight care of animals undergoing treatment may
be permitted indoors and is considered incidental to the hospital use. A kennel is not permitted in
association with a veterinarian clinic.
-
Town of Marystown Development Regulations 2017-2027
70
- Condition:
1. Must meet Use Zone Site Development Standards
4.4
INDUSTRIAL LAND USE CLASS
4.4.1
Aquaculture Facility
Definition: Aquaculture facility has the meaning as defined in the Aquaculture Act, 1990.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
3. Must meet requirements of provincial and federal agencies having jurisdiction for aquaculture
development
4.4.2
Crematorium
Definition: A crematorium is a facility containing a certified furnace or similar device intended for use in
the incineration of human or animal corpses.
-
Conditions:
1. A buffer between the crematorium and a sensitive land use, such as, a higher intensity land use with
a concentration of employees, may be required at the discretion of the Council based on the
following guideline:
a. The buffer shall be a minimum of 70 m from a residential or sensitive land use, such as
elementary and secondary schools, daycares unless there are extenuating physical
characteristics of the site that would provide natural screening;
b. The buffer between other industrial uses may be 30 m unless there are extenuating physical
characteristics of the site that would provide natural screening;
2. All crematory facilities shall be located within an enclosed building that meets building and fire code
requirements.
3. All applicable local, provincial, and federal laws and regulations shall be met.
4.4.3
Composting Facility
Definition: Composting facility means a processing use that converts solid waste, including plant debris,
decayed organic matter, municipal solid waste or agricultural waste, into a material to be used sold for
the purpose of fertilizing and conditioning the soil for growing produce and nursery plantings.
Conditions:
-
1.
Must meet Use Zone Site Development Standards
Town of Marystown Development Regulations 2017-2027
71
4.4.4
Contractor, General
Definition: Contractor, General means development used for the provision of building construction,
landscaping, concrete, and electrical, excavation, drilling, heating, plumbing, paving, road construction,
sewer or similar services of a construction nature which require on-site storage space for materials,
construction equipment or vehicles including heavy equipment, temporary storage containers,
construction trailers, and temporary office trailers normally associated with the contractor service. Any
sales, display, office or technical support service areas shall be accessory to the principal general
contractor service only. This use class does not include professional, financial and associated support
services.
Conditions:
1. Must meet Use Zone Site Development Standards
4.4.5
Energy Generation Facilities
Definition: Energy generation facilities means a facility constructed for the purpose of generating
electrical energy from wind, solar or small hydro means.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
2. Must meet Use Zone Site Development Standards;
3. The following requirements shall apply to wind, solar, and small hydro generating facilities:
a. Energy utilities are subject to the approval of relevant provincial and federal departments,
agencies, and public utilities, including the Department of Natural Resources and Transport
Canada. The design and location of such utilities shall take into consideration their impact
on nearby land uses and persons, the environment, archaeological resources, and other
matters that Council may deem to be significant.
b. A wind, solar, or small hydro generator within a built-up residential area will be limited to a
single unit that serves an individual property.
c. An adequate separation distance will be maintained between wind generators and nearby
buildings and structures to prevent damage to persons and properties due to a failure of a
generator or any of its components or the shedding of ice.
d. Unless specifically exempted by Council or other relevant agencies, the design, construction
and location of an energy utility shall be certified by a professional engineer who has
consulted with the required agencies.
4.4.6
Fishery Use
Definition: Fishery use means land and buildings used for the production, processing, storage and
maintenance of fishery products or equipment including aquaculture and shall include land and
buildings designated for the building, launching, docking or storage of a commercial fishing vessel, and
similar operations, such as a marine centre, fish processing plant.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
Town of Marystown Development Regulations 2017-2027
72
-
4.4.7
Forestry Activities
Definition: Forestry activities have the meaning as defined in the Forestry Act, 1990.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4), or a Forestry
Management Plan and to submit, every year, the annual operating plan;
2. Must meet Use Zone Site Development Conditions;
3. Permits for commercial and domestic woodcutting or other forestry related activities must be
obtained from the Regional Forestry Office, Government of Newfoundland and Labrador;
4. All commercial harvesting operators must apply for a development permit.
4.4.8
Industrial - General
Definition: Industrial General means development used principally for one or more of the following
activities:
the processing of raw materials;
the making, manufacturing or assembling of semi-finished or finished goods, products or
equipment;
the cleaning, servicing, repairing or testing of materials, goods and equipment normally associated
with industrial or commercial businesses or cleaning, servicing and repair operations to goods and
equipment associated with personal or household use, where such operations have impacts that
would make them incompatible in non-industrial zones;
the storage or trans-shipping of materials, goods and equipment;
the distribution and sale of materials, goods and equipment to institutions or industrial and
commercial businesses for their direct use or resale;
transport establishments, which include the use of land, buildings, structures or parts thereof,
where commercially licensed trucks, transports and buses are rented, leased, loaded or unloaded,
serviced or repaired kept for hire, stored or parked for dispatching as common carriers or where
goods are temporarily stored for further shipment. Fuel and petroleum products may be dispensed
and parts and accessories sold; or
the training of personnel in general industrial operations.
Examples include factories, fish processing plants, marine service centres, cold storage plants, freight
depots, concrete plant, general garage, welding shops, vehicle body repair and paint shops/depots, and
similar uses. This use class does not include utility services or the preparation of food and beverages for
direct sale to the public.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
3. Minimum of 2 access points for access/egress;
4. Surface runoff shall be directed to an oil/water separator before being discharged into a storm
sewer or other drainage system;
5. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
Town of Marystown Development Regulations 2017-2027
73
-
4.4.9
Industrial -- Heavy And/or Hazardous
Definition: Industrial-heavy and/or hazardous means industrial uses, which, by their nature, generate
noise, fumes, odours, and are hazardous or obnoxious.
This would include manufacturing uses which are required to be registered under the Environmental
Assessment Act, such as:
-
Processing of meat, fish and poultry products
-
Feed Mills
-
Distilleries, breweries or wineries (excluding micro-breweries)
-
Manufacture of rubber products such as tires and tubes
-
Manufacture of plastic products
-
Leather and allied products such as leather tanneries
-
Manufacture of textile products
-
Sawmills, planing mills, shingle mill products industries
-
Paper and allied products manufacturing
-
Manufacturing, refining and fabricating of metal products
-
Manufacturing of clay products, cements, and other non-metallic mineral
-
products
-
Refining of petroleum products
-
Manufacture of chemical and chemical products including industrial,
-
agricultural, plastics and synthetic resins, paints and varnishes, soaps and cleaning compounds
-
Other manufacturing uses including photographic films and plates, floor tiles and coated fabrics
manufacturing.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
4.4.10
Industrial - Light
Definition: Industrial-light means the use of any land or buildings for any general industrial use that can
be carried out without hazard or intrusion and without detriment to the amenity of the surrounding
area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.,
unsightly outdoor storage, refuse matter, or effluent Examples include recycling depot, wholesale and
warehouse uses, rental storage uses, commercial -- custom service, catering services, industrial bakeries,
food processing, light manufacturing and assembly (clothing, furniture, consumer electronics), broadcast
studio, and similar uses; but does not include a salvage/scrap yard.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
Town of Marystown Development Regulations 2017-2027
74
-
2. Must meet Use Zone Site Development Standards;
3. Light industry uses may must be conducted and wholly contained within an enclosed building and
shall not be obnoxious by reason of noise, vibration, odour, dust, smoke, unsightly outdoor storage,
refuse matter, or water carried waste. Such uses shall not involve the use of chemical processes
which result in the emission of gases, use of significant volumes of water or which generate
significant levels of truck traffic.
4.4.11
Industrial Mall
Definition: Industrial mall means a building or a group of buildings designed, developed, owned and
managed as a unit in which separate spaces are leased or occupied by permitted industrial uses. No
more than 30 percent of the gross floor area of an industrial mall is used for accessory office or related
commercial uses.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
4.4.12
Mineral Exploration
Definition: Mineral exploration means the search for mineral deposits. Mineral exploration ranges from
hobby prospecting to advanced techniques such as trenching and diamond drilling. Mineral exploration
activities may include traditional prospecting, geochemical sampling, airborne and ground-based
geophysical surveys, line cutting, test pitting, stripping of bedrock, trenching, and diamond drilling, and
may be accompanied by the creation of new (temporary) access trails, equipment laydown areas,
campsites, or, less commonly, constructed access roads.
For the purposes of municipal planning, exploration for quarry materials (e.g. sand, gravel) should be
considered a form of mineral exploration and included in the definition of mineral exploration.
The Mineral Lands Division, Mines Branch, Department of Natural Resources, administers the Mineral
Act under which mineral licences are issued and within the bounds of which mineral exploration may be
approved by the issuance of an "exploration approval". Exploration approvals are generally issued for no
longer than one year. Applications for exploration approval involving areas within a municipal planning
area and where the activities proposed may involve ground disturbance, wildlife disturbance, water
quality impairments, or foreseeable land use conflict, are referred to the municipality (in addition to
other government agencies), and terms and conditions are drafted to address any specific concerns
raised during the referral process
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Mineral exploration, which is classed as 'Development', may be permitted provided that:
-
adequate provision is made for buffering and mitigation of potential impacts on adjacent zones;
mineral exploration shall be subject to conditions that control noise, appearance, and other impacts
Town of Marystown Development Regulations 2017-2027
75
that may arise, as well as the duration of the exploration program. The precise nature of these
controls will depend upon the location of the mineral exploration in relation to built-up and
environmentally sensitive areas, such as water supply areas, watercourses, and wetlands.
-
Where there is to be ground disturbance, the developer shall provide a site restoration surety
and/or other satisfactory guarantees of site landscaping to Council.
-
Council will not issue a permit for mineral exploration until all necessary permits and approvals
have been obtained from the Departments of Natural Resources, Government Services, and
Environment and Conservation, and any other relevant Provincial agency.
-
It complies with provincial standards.:
-
Should a town have concerns about any mineral exploration activity, whether before or after the
issuance of an exploration approval from the Department of Natural Resources to conduct the
work, the town shall contact the Mines Branch, Mineral Lands Division in order to have the
concerns addressed. Exploration for quarry materials (e.g. sand, gravel) is permitted using the same
procedure and typically involves the excavation of test pits followed by their immediate
rehabilitation.
4.4.13 Mineral Working
Definition: Mineral working means land or buildings used for the working, stockpiling or extraction of
minerals as defined under the Mineral Act, 1990, and quarry materials as defined under the Quarry
Materials Act, 1998, including peat extraction.
Conditions
1. For approved developments where the extraction of quarry materials is occurring or may be
expected occur, the Town shall send a copy of the development permit to the Mineral Lands
Division, Department of Natural Resources. (Note that quarry materials include but are not limited
to aggregate, fill, rock, stone, gravel, sand, clay, borrow material, topsoil, overburden, subsoil, peat).
Quarry materials produced as a by-product of an approved development may be removed from the
development site provided that royalties are paid to the province as required by the Quarry
Materials Act, 1998. For example, site preparation to construct a building involves removing topsoil,
overburden, and possibly rock from the footprint area; these materials may be retained or re-used
on the development site (no royalties due) or removed from the site (royalties due). In order to
ensure that royalties due the province are paid, it is necessary that the Department of Natural
Resources be made aware of approved developments where the removal of quarry materials is
taking place or may take place.
2. Council shall be satisfied that the mineral working areas will not create a nuisance and will not
adversely affect the amenity of the specified development or natural feature, no mineral working
-
Town of Ma rystown Development Regulations 2017-2027
76
-
shall be located closer than the minimum distances set out below to the specified development or
natural feature by implementing the following buffers:
Minimum Buffer Distance of Pit and Quarry Workings
From:
a. Existing or proposed Residential Development
- where no blasting is involved 300 metres
- where blasting is involved
1000 metres
b. Any other developed area or area likely to be developed during the life
of the pit or quarry working
150 metres
Public highway or street
50 metres
Protected Road
90 metres
Waterbody or watercourse
50 metres
Note: where a minimum required distance was originally observed when choosing the
location of the quarry, quarrying should not be discontinued or impeded where the buffer
is reduced to less than the required distance due to encroachment of development
towards the quarry.
3. A mineral working shall be screened in the following manner where it is visible from a public street
or highway, developed area, or area likely to be developed during the life of the use:
a. Where tree screens exist between the mineral working and adjacent public highways and
streets or other land uses (excepting forestry and agriculture), the tree screens shall be
retained in a 30-metre wide strip of vegetation so that visibility of any part of the use from
the surrounding uses or streets will be prevented. The tree screens must be maintained by
the owner or occupier of the use to retain 30 metres in a forested appearance. Where
vegetation dies or is removed from the 30-metre strip, Council may require new trees of a
minimum height of 1 metre be planted to fill in the areas affected to the satisfaction of
Council or, at the discretion of Council, condition 4(b) must be undertaken.
b. Where no tree screens exist of sufficient width and density to constitute a visual screen,
earthen berms shall be constructed to a height sufficient to prevent visibility of any part of
the mineral working from adjacent uses (excepting forestry and agriculture), or adjacent
public highways and streets. The berms shall be landscaped to Council's satisfaction.
c. Where natural topography creates a visual screen between mineral workings and adjacent
public highways and streets or other land uses (excepting forestry and agriculture),
additional screening may not be required.
Town of Marystown Development Regulations 2017-2027
77
d. Where effective screening for any mineral working or associated processing or
manufacturing use cannot be installed or located as required in (a) - (c) above, Council may
refuse to permit the use or associated activity.
e. Council may require the mineral working site or excavated areas of a pit or quarry working
to be enclosed by a fence designed and constructed to its specifications and no less than 1.8
metres in height.
f. Effective tree screens shall be maintained around the periphery of any mineral working.
Where trees are not present to create an effective screen, Council may require the
installation of a landscaped embankment or fence.
4. Topsoil removed for mineral working shall be retained for restoration of the site.
5. No mineral working shall be conducted which causes danger or nuisance to the public.
6. No mineral working shall be permitted within the view of a designated scenic road.
7. Proposed mineral working operations will be evaluated carefully by Council in conjunction with the
Department of Natural Resources.
8. No mineral working shall unacceptably reduce the quality of water in a watercourse or waterbody.
Any access road which crosses a watercourse shall have a bridge or culvert according to the
regulations of the Department of Environment and Conservation.
9. No mineral working shall result in the excavation of land below the level of the water table nor
cause the ponding of water. However, settling ponds may be permitted with the approval of the
Department of Environment and Conservation.
10. No mineral working shall be carried out in a manner which causes the erosion of adjacent land.
11. The mineral working shall be kept clean of refuse, abandoned vehicles and equipment, and derelict
buildings.
12. Upon completion of mineral working, and when there is no intention to re-open such operations, all
buildings and machinery shall be removed from the site and the site restored so as not to constitute
a danger to the public or present an unsightly appearance.
13. No mineral working or associated drainage shall unacceptably reduce the quality of water in any
waterbody or watercourse. Any access road to a pit or quarry working which crosses a brook or
stream shall be bridged or have a culvert at the crossing, in accordance with the Regulations of the
Department of Environment and Conservation.
14. No mineral working or associated storm or sanitary drainage shall unacceptably reduce the quality
of water in any waterbody or watercourse. Any access road to a pit or quarry working which crosses
a brook or stream shall be bridged or have a culvert at the crossing, in accordance with the
Regulations of the Department of Environment and Conservation.
15. No mineral working shall be carried out in a manner so as to cause erosion of adjacent land.
16. The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned equipment
and any derelict buildings.
17. During extended periods of shutdown, access roads to a mineral working shall be ditched or barred
to the satisfaction of Council.
18. All stumps, organic material and topsoil, including the rusty coloured and iron stained layer, shall be
stripped and stockpiled at least 5 metres from active quarry or stockpile areas. The owner or
operator shall ensure that the quality of the topsoil is not affected by dilution with other materials.
-
-
Town of Marystown Development Regulations 2017-2027
78
-
19. Upon completion of the mineral working, the following work shall be carried out by the operation:
All buildings, machinery and equipment shall be removed.
All pit and quarry slopes shall be graded to slopes less than 20° or to the slope conforming to that
existing prior to the mineral working.
Topsoil and any organic materials shall be re-spread over the entire quarried area.
The access road to the working shall be ditched or barred to the satisfaction of Council.
20. If the mineral working contains reserves of material sufficient to support further extraction
operations, Council may require the work described above to be carried out only in areas of the site
where extraction has depleted aggregate reserves.
21. The following conditions shall apply to a Mineral Working which is subject to a Department of
Natural Resources Quarry Permit or which is proposed for a duration of less than five years. Council
may require an applicant for a development permit under this condition to meet the stipulations set
out in condition 18 below, if Council determines that the size of the parcel or of the proposed
mineral working, or the size of the aggregate resource in the surrounding area is sufficiently large or
the duration is sufficiently long to warrant the application of condition 18.
22. An application for a development permit for the proposed Mineral Working use shall be
accompanied by a detailed sketch or sketches satisfactory to Council which shall show the location
of physical site features and extraction and processing features required by Council, including but
not limited to:
the general area of the location of the mineral working;
boundaries of the parcel to be mined (i.e. land covered by the development application);
extent of the site area to be mined;
roads, parking and loading areas and entrance and exit to the site;
waterbodies within the boundaries;
waterbodies within 250 metre radii of the boundary;
channels or ponds to be removed, shifted and created; and
the location of any building or structure and equipment which will be located on the site.
23. Upon completion of the mineral working operations on the site, the developer shall meet the
conditions set out above and any other condition(s) stated in the development permit that Council
deems necessary for restoration of the site.
24. A temporary development permit may be issued for a maximum of one year and may not be
renewed after five consecutive years. Upon expiry of the development permit Council shall inspect
the site to confirm compliance with the development permit and development regulations.
Long-term Mineral Workings
The following conditions shall apply to a Mineral Working subject to a Department of Natural Resources
Quarry Lease or of a duration of 5 years or greater.
1. An application for a development permit shall include a Mineral Working Development Plan
satisfactory to the Council for the proposed Mineral Working use, which shall include a site plan
showing the location of physical site features and extraction and processing features required by the
Council including but not limited to:
boundaries of the parcel to be mined;
extent of site area(s) to be mined;
Town of Marystown Development Regulations 2017-2027
79
buildings and structures on the site;
roads, parking and loading areas and entrance and exit to the site;
fences, berms and landscaping provided for screening;
waterbodies and channels to be removed, shifted and created;
location and expected maximum height of stockpiles of mined ores, sand and gravel;
location of major machinery and conveyors for receiving and processing raw ores including
machinery for sifting, washing and grading ores, and the manufacturing of concrete and stone
products;
the probable location of storage piles of topsoil and overburden removed from earlier phases of
mined areas and temporarily being stored for replacement under the Reclamation plan; and
intended phases of mining operations to be carried out over all portions of the site.
2. An application for a development permit shall include a Mineral Working Reclamation Plan
satisfactory to Council for the proposed mineral working use which shall explain, illustrate and show
to the satisfaction of Council a plan for restoration of the site which includes final ground contours,
slopes, depth of topsoil, and vegetation and a phasing plan if necessary in the form of a grading and
landscape plan or plans.
Financial Guarantee
1. The developer shall provide a financial guarantee in the form of a performance bond or
unconditional and irrevocable letter of credit or other form acceptable to Council.
2. The financial guarantee shall be the greater of (a) $5,000 per hectare, prorated on the basis of area
to a minimum of $500, or (b) an amount to cover the costs of restoring or landscaping the site after
the quarry operations have ended or the site is abandoned by the applicant.
3. The financial guarantee shall be returned when the Reclamation Plan has been carried out or the
development terminated and any conditions attached to the development permit have been met to
the satisfaction of Council.
4. The development permit fee for a Mineral Working use shall be determined by Council in an amount
sufficient to cover the review of the Development and Reclamation Plans or the detailed sketch as
required above, and determination of the amount of the financial guarantee described in the
Administration Section by a professional engineer, ongoing inspection of the site for conformity with
the named Plans or sketches and with the conditions of the development permit, and inspection of
the site to determine acceptable reclamation for purposes of return or cancellation of the financial
guarantee.
4.4.14 Natural Resource Use
Definition: Natural resource use means the use of land or buildings for the production and harvesting
or extraction of natural resources such as, agriculture, forestry, fisheries us or mineral working activities.
Conditions:
1. Required to submit the equivalent of an 'Comprehensive Development application (2.2.2 & 2.2.4)'
which in could consist of a Farm Business Plan for agriculture proposals, Forestry Management and
annual operating plans for forestry, a proposal for aquaculture, the detailed quarry permit
submission including operation and rehabilitation plans for mineral working activities; and, the
-
-
Town of Marystown Development Regulations 2017-2027
80
-
Environmental registration documents of each as required under the Environmental Assessment
Regulations;
2. Must meet Use Zone Site Development Conditions;
4.4.15
Natural Resource-Related Uses
Definition: Natural resource-related uses means the use of land or buildings for any commercial or
industrial development directly associated with, or requiring proximity to, farm operation, fisheries,
forestry or mineral working industries; for example, processing of meat, fish and poultry products, feed
mills, sawmills, planning mills, single mill products industries, asphalt plant, gravel crushing operation
sand may include such uses as animal husbandry services, produce or grain storage/processing facilities,
farm machinery sales and service outlets, feed and seed warehouse and associated retail outlets,
including a nursery or garden centre.
Conditions:
1. Must meet Use Zone Site Development Standards;
4.4.16 Salvage/Scrap Yard
Definition: Salvage/scrap yard means an area of land or lot including any building or structure used for
the receipt, storage, sale, re-sale and processing of waste or surplus automobile, transportation vehicles
or industrial equipment, including any parts or pieces that have been removed, but does not include a
solid waste recycling/disposal and composting site.
Conditions:
1. Must meet Use Zone Site Development Standards
2. A scrap yard or solid waste storage or disposal site shall be screened in the following manner where
it is visible from a public street or highway, developed area, or area likely to be developed during the
life of the use:
Where tree screens exist between the use and adjacent public highways and streets or other land
uses (excepting forestry and agriculture), the tree screens shall be retained in a 30-metre-wide strip
of vegetation so that visibility of any part of the use from the surrounding uses or streets will be
prevented. The tree screens must be maintained by the owner or occupier of the use to retain 30
metres in a forested appearance.
Where vegetation dies or is removed from the 30 metre strip, the Council may require new trees of
a minimum height of 1 metre be planted to fill in the areas affected to the satisfaction of the
Council or, at the discretion of the Council, where no tree screens exist of sufficient width and
density to constitute a visual screen, earthen berm shall be constructed to a height sufficient to
prevent visibility of any part of the use from adjacent uses (exception forestry and agriculture) or
adjacent public highways and streets. The berm shall be landscaped to the Council's satisfaction.
3. Unless the Council is satisfied that the use will not create a nuisance and will not adversely affect the
amenity of the specified development or natural feature, no scrap yard or solid waste storage or
disposal site shall be located closer than the minimum distances set out below to the specified
development or natural features:
Town of Marystown Development Regulations 2017-2027
81
4. Minimum Distance of Solid Waste Storage or Disposal Site:
Existing or proposed Residential Development - 300 metres
Any other developed area or area likely to be developed during the life of the scrap yard or solid
waste storage or disposal site- 150 metres
Public highway or street- 50 metres
Protected road - 90 metres
Water body or watercourse- 50 metres
4.4.17 Solid Waste Recycling/Disposal and Composting Site
Definition: Solid waste recycling/disposal and composting means a waste disposal site as defined by the
guidelines established under the Environmental Protection Act, 2002, such as waste transfer stations,
composting or recycling.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. A vegetated or landscaped buffer zone of at least 15 metres around the perimeter of the use, in
order to minimize any potential nuisance associated with noise, dust, or odors, or any objections
based on visual aesthetics is provided;
3. There is adequate availability of utilities, including water, sewer, and electricity, to provide water for
firefighting and wash down of floors, electrical power for machinery and lighting, and for staff
amenities;
4. The volume of material to be handled and/or stored is provided and the facility designed with
sufficient capacity to handle peak material volumes;
5. Measures to prevent storm water and runoff from contacting waste materials will be required and
all waste containers used shall be leak proof or provide for the collection and treatment of
contaminated water and other liquids. Proper disposal of contaminated water shall be ensured;
6. Fencing shall be provided around the perimeter of the site, with a lockable gate at any entrance
point. The type of fencing may vary with the natural site features;
7. Containers intended to receive organic waste will be required to have lids, screens, or covers that
will prevent access by bears and other predators, rodents, and birds, or be placed inside predator-
proof enclosures;
8. Where organic wastes are involved, buildings shall be specifically designed to prevent infestation by
rats and other small mammals, and to be predator-proof.
9. If the solid waste recycling/disposal or composting site is visible from a public street or highway or a
developed area, then the visual buffer is required to a height sufficient to prevent visibility.
4.4.18 Wind Turbine Generator (Commercial)
Definition: Wind turbine generator (commercial) means a structure designed to convert wind energy
into mechanical or electrical energy. A commercial wind turbine shall include, but not be limited to,
wind turbine, generator, operations and maintenance buildings, meteorological towers, collector grids
and electrical substations. Note that a Wind Farm or Wind Park: means more than one wind turbine
generator located on a lot.
-
Town of Marystown Development Regulations 2017-2027
82
-
Conditions:
1. A commercial wind turbine which has a collective energy nameplate rating of one hundred (100) kW
or greater shall be connected to a transmission line and/or the local power grid.
2. All developments shall meet applicable federal and provincial regulatory requirements.
3. The development shall not create hazards or any negative impacts on neighbouring properties. In
cases where there are potential conflicts or impacts between a proposed development and
neighbouring property, Council may require the developer to ensure that adequate buffers or
screening are maintained to reduce the impacts on adjoining properties or other mitigation
measures that may be necessary to reduce the impacts.
4. The wind turbine tower shall be located to minimize visual impacts on the Town.
5. The wind turbine tower shall have a clear unobstructed fall zone that has a radius equal to or
greater than the height of the structure and is accommodated within the property bounds.
6. The wind turbine tower shall be designed and constructed to meet design loads for operational
requirements including ice buildup. The blades shall either have de-icing capabilities or be
constructed of a material (i.e. poly carbonate composite) that resists ice buildup.
7. Access to the site shall be restricted and shall include: fencing, gate, and signage posted as to the
property owner, company name, twenty-four (24) hour emergency telephone number, and
warnings of dangers to trespassers.
8. Should the wind turbine cease operations for a period of longer than two (2) years, the wind
turbine, tower, and any related infrastructure shall be removed from the property.
4.5
CONSERVATION
4.5.1
Environmental Protection Area
Definition: Environmental protection area means areas where development is restricted due to the
natural features of the site for purposes of conservation or protection of habitat, wetlands, resource
management, viewscapes or other special designations under legislation; or site unsuitability due to
erosion control, steep slopes, flood control and water supply protection.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Nothing in these Regulations shall prevent the designation of environmental protection areas in any
zone.
3. Council will not permit development vulnerable to flooding in areas known to be subject to local
flooding.
4.5.2
Open Space, Parks and Trails
Definition: 'Open space, parks and trails' means a generally undeveloped space or environmentally
sensitive area maintained for the preservation of wildlife and the environment where the quality of the
Town of Marystown Development Regulations 2017-2027
83
environment and naturalness of an area is the focus of the recreational experience; activities and
development are limited to trails, picnic areas, playgrounds.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Nothing in these Regulations shall prevent the designation of parks and playgrounds in any zones
provided that such parks and playgrounds are not located in areas which may be hazardous to their
use and are not operated for commercial purposes.
3. Parks and playgrounds may be located on backland but shall have at least one 5-metre wide
vehicular access directly onto a public street.
4.5.3
Protected Water Supply Area
Definition: Protected water supply area as defined and designated under the Water Resources Act,
2002.
Conditions:
1. Prior to the start of construction within the protected water supply area, the proponent must apply
for and obtain a permit under the Water Resources Act, 2002, specifically Section 39
http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm for any proposed development(s)
adjacent to or within a Protected Public Water Supply Area.
2. Any work adjacent to or within a designated Protected Public Water Supply Area must comply with
the Water Resources Management Division Policy for Land and Water Related Developments in
Protected Public Water Supply Areas.
4.6
PUBLIC/INSTITUTIONAL
4.6.1
Cemetery
Definition: Cemetery means a facility or land area reserved and dedicated to the burial of the dead and
includes a columbarium, mausoleum, mortuary and related maintenance facility. A discretionary
accessory use might include a crematorium (a facility containing a certified furnace or similar device
intended for use in the incineration of human or animal corpses) subject to conditions.
Conditions:
1. A landscape plan shall be submitted as part of the Development Application. The landscape plan
shall illustrate areas of landscaping in relation to the burial plots and shall identify the location and
types of plant species that are to be planted.
2. A minimum six metre (6 m) wide buffer shall be maintained between any lot line of the cemetery
and areas designated for burial purposes and, within this buffer, trees and shrubs are to be planted
to provide a landscaped screen between the cemetery uses and abutting properties.
3. A fence shall be constructed and erected along all lines of the cemetery
-
Town of Marystown Development Regulations 2017-2027
84
-
4. A cemetery use shall receive the approval of the Provincial Departments of Health and Community
Services and Municipal Affairs and Environment and shall be developed in accordance with the
conditions of these Departments.
5. A discretionary crematorium is subject to the following conditions:
a. A buffer between the crematorium and a sensitive land use such as residential, day care,
elementary or secondary school or higher intensity land use, may be required at the
discretion of the Council based on the following guideline:
i.
The buffer between the crematorium structure within the cemetery to the lot line
shared with residential or sensitive land use, such as elementary or secondary
schools, daycare, shall be a minimum of 70 m unless there are extenuating physical
characteristics of the site that would provide natural screening
ii.
The buffer between other resource uses shall be a minimum of 30 m but may be
less if there are extenuating physical characteristics of the site that would provide
natural screening;
b. All crematory facilities shall be located within an enclosed building that meets building and
fire code requirements;
c. All applicable local, provincial, and federal laws and regulations shall be met;
4.6.2
Institutional Use
Definition: Institutional use means the use of land or buildings for public purposes, whether publicly or
privately funded, where people may gather in larger numbers to access a regional or a municipal-wide
or regional service, including but not limited to:
-
Hospitals;
-
Government Offices;
-
Educational Facilities;
-
Convention Centres or major cultural centres, such as provincial Arts and Culture Centres;
-
Recreation Complex, such as an arena, multi-use sports and entertainment centres, swimming
pools; and,
-
Personal Care Facilities (larger than residential home), such as nursing or senior's homes, family and
group care centres.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
3. For Personal Care facilities, the following standards apply:
a) The development will be treated as a single Comprehensive Development as set out in Part
II of these Regulations, except that the minimum dwelling floor areas, building line setbacks
and yards shall be as determined by Council.
Town of Marystown Development Regulations 2017-2027
85
b) The development shall be tailored to the needs of the persons occupying the development
in accordance with their condition.
c) The overall design of the development -- including road layout, landscaping, building design
and location, parking areas, and so forth -- will be attractive and compatible with other uses
in the vicinity.
d) A single management authority shall be responsible for the maintenance of properties
within the development.
e) Building types can be as necessary to serve the purposes of the development, including a
variety of dwelling types, care facilities, and communal facilities such as storage rooms,
hobby rooms, workshops, and garages.
f) The total lot coverage of all buildings will not exceed 35%.
g) adequate noise separation shall be maintained between the use and adjoining dwelling
units in an apartment building,
h) adequate noise separation shall be maintained between the use and adjoining commercial
uses,
i)
a fire exit for the exclusive use of the facility use shall be provided,
j) a separate entrance for the exclusive use of the facility use shall be provided unless the
entrance to the use from a common lobby or foyer is immediately adjacent to such lobby or
foyer,
k) parking as required in these Regulations shall be provided and reserved for the exclusive use
of the facility use and identified as such on the parking lot,
I) a minimum of five square metres (5 m2) of net floor space per person shall be provided for
use by the facility users, this aggregate floor space shall be utilized for the purpose of group
amenity areas and individual rest areas, and
4.6.3
Protective and Emergency Services
Definition: Protective and emergency services means a development which is required for the public
protection of persons and property from injury, harm or damage together with the incidental storage of
equipment and vehicles, which is necessary for the local distribution of utility services. Typical uses
include police stations, fire stations and ancillary training facilities.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
4.6.4
Public Gathering Places -Indoor
Definition: Public gathering places-Indoor means a building or part thereof designed and equipped to
be used for public gatherings for entertainment, religious (place of worship), cultural, civic, educational,
charitable, philanthropic or social purposes and may include a movie theatre, playhouse, museum, art
gallery, place of worship, funeral home, community or cultural centre, library. These are smaller than
-
Town of Marystown Development Regulations 2017-2027
86
regional institutional uses, like a hospital or college campus, as the patrons generally are not such a
broad segment of society and therefore does not create the same level of activity in terms on onsite use
and traffic.
-
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3. Where permitted as a discretionary use, a place of worship or an educational use shall conform to
the frontage, building line setback, side yard, rear yard, lot coverage and height requirement
specified for a single detached dwelling.
4. Crematory facilities may be allowed as an accessory use to a funeral home when the funeral home
is the principal use, subject to meeting the following conditions:
a. A buffer between the crematorium and a sensitive land use, such as residential, day care,
school or higher intensity land use, may be required at the discretion of the Council based
on the following guideline, that the buffer be a minimum of 70 m from a residential or
sensitive land use, such as elementary or secondary schools, daycare unless there are
extenuating physical characteristics of the site that would provide natural screening;
b. All crematory facilities shall be located within an enclosed building that meets building and
fire code requirements.
c. All applicable local, provincial, and federal laws and regulations shall be met
4.6.5
Public Gathering Places - Outdoor
Definition: Public gathering places-outdoor means an open-air assembly use requiring the minimum of
permanent facilities, in the form of or similar to an outdoor worship service, and informal outdoor
recreation, such as a picnic or barbecue area, playground and walking or jogging trails; but does not
include a sport and recreation facilities or a recreation complex.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards;
3. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4. The use shall not negatively impact upon the main or primary use of the property and its associated
activities such that the combined uses create a public safety or health concern or inconvenience.
5. The use shall not be permitted in close proximity to a residential area where, in the opinion of
Council, the use or its associated activities will create a nuisance, such as the generation of fumes,
noise, vibration, litter, and lighting, affecting the nearby residential area.
6. Where it is determined by Council, for public safety and convenience, that fencing is required; the
area of the use shall be fenced in accordance with the requirements of Council;
Town of Marystown Development Regulations 2017-2027
87
7. Where it is determined by Council that washroom facilities are required, the use shall be required to
provide washroom facilities in accordance with the requirements of the Provincial Department of
Health and Council;
8. Where it is determined by Council, a security deposit will be required to be submitted to the Town
for the cleanup of the site and surrounding area of litter and debris which is generated by the
activities or the use. The security deposit shall be returned upon the site and surrounding
properties being left in a clean state that is satisfactory to Council.
4.6.6
Sports and Recreation Facilities
Definition: Sports and recreation facilities means land and a building, structure or part thereof, not part
of a large institutional building, designed and equipped to be used for athletic and leisure activities, and
may include a health and fitness centre, bowling alley, curling rink; tennis, squash, handball and
badminton courts; sports fields, outdoor tennis courts, unenclosed ice surfaces or rinks, athletic fields,
boating facilities, cycle, walking or jogging track; but does not include a recreation complex.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3. Their environmental impact within the site can be contained and minimized;
4. The activity is not unduly detrimental to the wider amenity of the area; and,
5. The activity does not have a detrimental effect on neighbouring land uses or amenities
4.7
RESIDENTIAL LAND USE CLASS
4.7.1
General Conditions
1. The front wall of a dwelling shall face the street on which it is located and shall have a civic number
easily visible for fire and emergency services (see 6.1.2).
2. All residential structures shall front on a publicly maintained road. (refer to Provision 4.1.1 for
additional details).
3. Residential Stairwells and Stairwell Enclosure-Exterior
-
An open stairwell enclosure shall not be permitted in a side yard unless the stairwell meets the
minimum side yard setback requirement.
-
In the case of an existing side yard stairwell, Council shall permit the enclosure of the stairwell
subject to the following requirements:
-
the enclosed stairwell is no closer than one decimal two metres (1.2 m) to the side lot line,
-
the enclosed stairwell is not located within a utility easement, and
-
the stairwell does not direct water onto the abutting property.
-
An enclosed stairwell may be permitted closer than one decimal two metres (1.2 m) to the side
lot line subject to the following requirements:
-
Town of Marystown Development Regulations 2017-2027
88
-
-
the stairwell is not located within a utility easement; and
-
the abutting property owner provides a certified copy of an easement agreement (registered at
the Registry of Deeds) to allow access to perform maintenance on the structure.
4. Residential Decks (Patio), Balconies, and Verandas
A patio, which is a paved area situated directly on the ground, which can either be attached or
detached from a house, shall meet the following development standards:
-
minimum front yard setback: six metres (6 m) provided the patio does not encroach upon or
reduce the number of off-street parking spaces required for the residential use;
-
minimum side yard: one decimal two metres (1.2 m);
-
minimum rear yard depth: one decimal two metres (1.2 m);
-
maximum height: at ground level or up to a maximum of zero decimal six metres (0.6 m)
above ground level;
-
if a roof is constructed as part of the patio or deck, or the patio or deck and the roof are
attached to the building, the patio or deck will be considered an extension to the building;
the roof will be complimentary to the dwelling to which it is attached and will be designed in
a manner that is sensitive to surrounding properties; and the maximum height of the roof
over the patio or deck shall be 3.1 m; and,
-
Council may permit at its discretion permit the erection of a patio in the minor side yard
that is bordering onto a flanking street with an adjacent Town owned Open Space intended
for snow storage purpose.
A deck, which is an open outdoor porch or platform without a roof that extends from a house, shall
meet the following development standards:
-
a deck is not permitted in a front yard;
-
minimum side yard: one decimal two metres (1.2 m);
-
minimum rear yard depth: six metres (6 m) unless otherwise determined by Council; maximum
height: greater than zero decimal six metres (0.6 m) above the established grade and up to but
not higher than the first storey of the dwelling; and,
-
if a roof is constructed as part of the patio or deck, or the patio or deck and the roof are
attached to the building, the patio or deck will be considered an extension to the building; the
roof will be complimentary to the dwelling to which it is attached and will be designed in a
manner that is sensitive to surrounding properties; and the maximum height of the roof over
the patio or deck shall be 3.1 m.
A balcony shall meet the following development standards:
-
a balcony is not permitted within the building line setback;
-
minimum side yard width: two metres (2 m);
-
minimum rear yard depth: six metres (6 m); and
-
a balcony shall not extend beyond a maximum projection of two metres (2 m) into any yard.
A veranda shall meet the following development standards:
-
minimum side yard width: two metres (2 m); and
Town of Marystown Development Regulations 2017-2027
89
-
a veranda shall not extend beyond a maximum projection of one decimal five metres (1.5 m)
into any yard.
5. Minor Front Yard Projections on a Residential Lot
-
No portion of a dwelling shall project into the minimum building line setback except for the
following circumstances and in accordance with the following provisions. The following projections
shall be permitted:
o
chimney breast, eaves, sills or cornices not projecting more than one metre (1 m) into a
required front yard depth;
o
unenclosed steps with or without a landing;
o
an unenclosed or enclosed porch that projects no more than two metres (2 m) into the
required front yard depth or beyond the established building line for the lot;
o
a patio or veranda in accordance with the conditions as outlined in the specific Use
Zone; and
o
wheelchair ramps or other accessibility devises as approved by Council.
-
Council may permit the projection to exceed beyond two metres (2 m) into the building line setback
if it is the view of Council that the projection does not negatively impact the sight lines or
streetscape of the residential street, does not create obstructed views for adjacent or nearby
residential properties, and the projection is architecturally and aesthetically compatible with the
dwelling to which it is attached.
-
The projection does not encroach upon or reduce the minimum amount of parking required for the
lot;
-
The projection does not encroach upon or create an obstruction in the sight triangle for corner lots;
4.7.2
Residential Dwellings
4.7.2.1 Residential Dwellings - Single Detached
Definition: Residential, single detached means a dwelling containing one main dwelling unit which has a
private entrance, and which is not attached to another dwelling; and, does not include mobile homes or
recreational vehicles, but does include mini-homes; but it may contain a subsidiary apartment (see
5.2.1)
Conditions:
1. Must meet Use Zone Site Development Standards
4.7.2.2 Residential Dwelling- Semi-Detached (Double)
Definition: Residential dwelling, semi-detached means a building containing two dwelling units, where
each dwelling unit has a private entrance as compared to apartment buildings with a common entrance,
-
Town of Marystown Development Regulations 2017-2027
90
-
where the units can be placed one above the other, or side by side, but does not include a Single
Detached Dwelling containing a subsidiary apartment.
Conditions:
1. Must meet Use Zone Site Development Standards.
4.7.3
Townhouses
Definition: Residential townhouse means three or more dwelling units at ground level in one building,
each unit separated vertically from the others, each of which must have an independent entrance to a
front and rear yard immediately abutting the front and rear walls of the unit, and each of which may be
located on a separate lot.
Conditions:
1.
Must meet Use Zone Site Development Standards
4.7.4
Mini-Home and Mobile Homes
MINI-HOME -Definition: Mini-home means a sectional prefabricated dwelling designed for
transportation after fabrication to a site, typically transported by means of flat-bed trucks, and coupled
together mechanically and electrically to form a single structure situated on a concrete foundation,
either a full basement or crawlspace, but does not include a mobile home. Mini homes do not have
axles or a chassis.
MOBILE HOME - Definition: Mobile home means a transportable factory-built single detached family
dwelling unit:(a) which complies with space standards substantially equal to those laid down in the
Canadian Code for Residential Construction and is in accordance with the construction standards laid
down and all other applicable provincial and;(b) which is designed to be transported on its own wheels
and chassis to a mobile home lot, and subsequently supported on its own wheels, jacks, posts or piers,
or on a permanent foundation and connected to exterior public utilities , in order to be suitable for year
round term occupancy.
-
Mobile Home or Mini Home Park: means a development under single or joint ownership, cared for
and controlled by an operator where individual mobile or mini home lots are rented or leased with
or without units placed on them and where ownership and responsibility for the maintenance and
development of site facilities including underground services, access roads, communal areas, snow
clearing and garbage collection, or any of the, are the responsibility of park management. It does
not travel trailer park, campground or group dwellings.
-
Mobile Home or Mini-Home Subdivision: means a development requiring the subdivision of land
whether in single or joint ownership into two or more pieces or parcels of land for the purpose of
mobile home or mini-home lots and where the maintenance of streets and services is the
responsibility of a municipality or public authority. A mobile home may not be located within a mini
home subdivision; however, a mini home may be located within a mobile home subdivision.
Conditions:
Town of Marystown Development Regulations 2017-2027
91
1. A mobile home may be located outside a mobile home park or subdivision provided that the
structure meets the following conditions:
-
The home is placed on a permanent foundation or otherwise permanently supported and fixed,
with wheels and axles removed, and shall be provided with a visible foundation or skirting
acceptably similar in appearance to foundations of dwellings in the immediate area;
-
The lot otherwise meets the standards of a residential lot.
2. Mini-home may be located outside a mini-home park or subdivision provided that the design is
compatible with housing design of existing home in the neighbourhood.
3. A mobile/mini home subdivision/park is required to submit a Comprehensive Development
application (2.2.2 & 2.2.4);
4.7.5
Apartment Building
Definition: Apartment building means a building containing three or more dwelling units which have a
shared entrance and hallway but does not include a row dwelling or a subsidiary apartment.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
3. Commercial uses may be permitted in multiple-unit apartment buildings where:
-
The proposed use is located on the ground floor of the apartment building;
-
The commercial use will serve local needs of the residents and surrounding neighbourhood; and,
-
The use will not detract from the residential character of the neighbourhood by virtue of generating
excessive noise or traffic.
4.7.6
Cottage or Cabin
Definition: Cottage or cabin means a dwelling unit designed or intended for seasonal or recreational
use and is not intended for use as permanent living quarters and does not include a vehicle as defined
under the Highway Traffic Act, 1990.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Must meet building requirements under these Development Regulations, including the National
Building Code, etc.
3. Remote or accessible (recreational) cottages will not be eligible for municipal services if such service
would be a burden to taxpayers;
4. A home in a residential area, used as a seasonal residence, must be maintained to the standard of
the neighbourhood as a full-time residence;
5. Recreational cottages with road access (usually a resource road) allocated on Crown land should
preferably be located within a designated cottage development area by the Lands Branch,
Government of Newfoundland and Labrador.
-
Town of Marystown Development Regulations 2017-2027
92
6. Recreational cottages shall not have private access onto Class 1, 2 and 3 Protected Roads unless
they are located within a designated cottage development area by the Lands Branch, Government of
Newfoundland and Labrador.
-
4.7.7
Group Home
Definition: A group home (single family residence) is a Single Detached Dwelling used for children or
young people who cannot live with their families, people with chronic disabilities who may be adults or
seniors, or people with dementia. Typically, there are no more than six residents and there is at least
one trained caregiver there 24 hours a day.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. A personal care or group home is permitted in a dwelling unit that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff.
3. The use and appearance of the dwelling shall not materially differ from, or adversely affect, the
amenities of adjacent dwellings or the neighbourhood.
Council may require special access and safety features to be provided for the occupants before
occupancy is permitted.
4.8
PUBLIC INFRASTRUCTURE AND UTILITIES
4.8.1
Communications
Definition: Communications means a television, radio, cell phone, or transmission tower or antenna, as
well other communications transmitting or receiving building or infrastructure and includes wireless
communications facilities, such as, infrastructure regulated by the federal government that enables
wireless communications including broadcast antennas, cellular phone towers including private antenna
systems for ham radio and citizen band radio, mounted on the ground or on another structure such as a
rooftop.
Conditions:
Council may, within any zone, permit land or a building to be used in conjunction with
telecommunications structures or antennas subject to the following standards:
1. must meet Industry Canada standards;
2. where it is deemed feasible, a new telecommunications structure or antenna will share existing
telecommunications structure or antenna infrastructure or will modify or replace an existing
telecommunications structure or antenna to accommodate the new and existing
telecommunications structure or antenna provided the changes to the existing telecommunications
structure or antenna do not detract from the appearance and character of the surrounding
properties;
-
the colour, location, and design of a new telecommunications structure or antenna will not detract
from the appearance and character of the surrounding properties and do not negatively impact
Town of Marystown Development Regulations 2017-2027
93
aesthetically on adjacent lands and uses; and,
-
the site or the building on which the telecommunications structure or antenna is erected or situated
shall be landscaped or treated in such a manner to minimize the visual impact on the surrounding
area.
-
4.8.2
Easement
Definition: Easement means the right to use land, most commonly for access to other property, or as a
right-of-way for utility service.
Conditions:
No permanent building shall be constructed over any known easement, whether that easement has
been assigned to the Town, a department of the provincial or federal government, or any utility
company (i.e.: Newfoundland Power, telephone, cable television, Crown Land). Permanent buildings
include, but are not limited to, all dwellings and accessory buildings.
4.8.3
Utilities
Definition: Utilities means a development that comprises a system or works used to provide one or
more of the following for public consumption, benefit, convenience or use:
-
water;
-
sewage disposal;
-
drainage;
-
fuel;
-
electric power;
-
waste management;
-
street lighting;
-
telecommunications,
and includes minor buildings and the thing that is provided for public consumption, benefit, convenience
or use but does not include a water treatment plant, sewage treatment plant, solid waste landfill, or
power plant.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. No adverse effect on adjacent land uses is created.
3. The size and appearance of such works must be in keeping with adjacent uses; and,
4. Provision shall be made for buffering in the form of landscaped areas between uses;
Town of Marystown Development Regulations 2017-2027
94
0
5.0
ACCESSORY USES & BUILDINGS, ANCILLARY USES, AND HOME BUSINESSES
5.1
ACCESSORY USES
5.1.1
General Accessory Uses
Definition: ACCESSORY USE
'...means a use that is subsidiary to a permitted or discretionary use
and that is customarily expected to occur with the permitted or discretionary use...';
Examples of accessory or subsidiary uses to a primary use include, but are not limited to, the following:
1. facilities for the serving of food and alcoholic beverages in an arena or other public gathering place,
adult day care, senior's residence, marina, or hotel;
2. childcare, catering, convenience and take-out food service maybe permitted as an accessory use to a
recreational facility, provided that they are contained within the building envelope of the
recreational building;
3. a gift or souvenir shop in a museum, hotel or other public institutional establishment;
4. an office, convenience store, or small catering establishment in a campground;
5. a dock, wharf, slip or stage associated with a permitted use; exception includes a storage building
and workshop only if it does not detract from the nature of the neighbourhood;
6. a subsidiary apartment which is a separate dwelling unit constructed within and subsidiary to a self-
contained dwelling or commercial building;
7. a home business;
8. a residence only associated with a resource use, such as a farm house on an agriculture farm
operation;
9. a satellite dish or similar device attached to a building;
10. a wind generator, solar panel, radio antenna, or similar device;
11. an office or storage building associated with a commercial building; and,
12. a workshop or storage building dock associated with an industrial use.
General Condition for all accessory uses:
Must conform to Use Zone Table in which the primary permitted use is located;
5.1.2
Subsidiary Apartments (including 'Granny suite)
Definition: Subsidiary apartment means a separate dwelling unit constructed within, or attached to, and
is subsidiary to a single detached dwelling.
Conditions:
1. One subsidiary apartment may be permitted in a single detached dwelling and shall be contained
within the same building as the single detached residential dwelling.
Town of Marystown Development Regulations 2017-2027
95
2. Council may consider a subsidiary apartment for seniors as a granny suite built as an attachment to
the main floor of the principal single detached residential dwelling.
3. For the purpose of calculating lot area and yard requirements, the subsidiary apartment shall be
considered part of the single detached residential dwelling.
4. A minimum of two off street parking spaces shall be required.
5. The minimum floor area required is 40 m2 for a one-bedroom subsidiary apartment, plus ten square
metres for each additional bedroom.
6. The apartment is completely self-contained, with facilities for cooking, sleeping, and bathing.
7. The apartment shall not alter the appearance of the structure as a single detached residential
dwelling;
8. Shall have a separate entrance/egress to the outside;
9. The apartment is completely self-contained, with facilities for cooking, sleeping, and bathing.
10 For lots without municipal water, Service NL shall determine water and sewerage disposal
requirements and a permit will be issued subject to its approval.
5.1.3
Satellite Dish - Commercial
A satellite dish associated with a commercial use shall be permitted to the following conditions:
1. unless otherwise determined by Council, there shall be one satellite dish per lot;
2. the satellite dish shall not be located in the front yard or flanking side yard of a lot, unless the area
surrounding the satellite dish is screened from public view by an adequate natural buffer or screen,
the dish is consistent with the surrounding development of the area and the satellite dish does not
create any visual obstruction to adjacent developments or passing vehicular traffic.
3. the satellite dish does not obstruct views from other properties.
4. the satellite dish is anchored to the building or site to withstand the appropriate wind loads as
determined by Council.
5. the satellite dish design, structure and colour are complimentary and sensitive to both the
development to which it is attached or situated and the immediate surrounding properties. In cases
where Council deems it appropriate, a satellite dish will be required to be screened or landscaped in
accordance with Council's requirements.
5.2
ACCESSORY BUILDINGS
5.2.1
Accessory Buildings -- General
Definition: ACCESSORY BUILDING
includes
-
a detached subordinate building not used as a dwelling, located on the same lot as the main building
to which it is an accessory and which has a use that is customarily incidental or complementary to
the main use of the building or land,
-
Town of Marystown Development Regulations 2017-2027
96
-
for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennae,
for commercial uses, workshops or garages, and
for industrial uses, garages, offices, raised ramps and docks;
General Conditions:
1. Accessory buildings must be clearly incidental and complimentary to the main buildings' character,
size and use.
2. Accessory buildings shall not be used for human habitation.
3. The side yard requirements set out in the Use Zone Tables shall apply to accessory buildings
wherever they are located on the lot but accessory buildings on two (2) adjoining properties may be
built to property boundaries provided they shall be of fire-resistant construction and have a
common firewall.
4. Quonset style/steel accessory buildings may be permitted within the Resource Use Zone.
5.2.2
Accessory Buildings - Residential Use Classes
Conditions
1. Accessory buildings shall not be located:
a. within 1.2 m from any property boundary and 2.4 m from any building;
b. within any easement area;
c. in front of the building line on the street which the building has its legal civic address.
2. An accessory building on a corner lot may be located in front of the building line on the flanking yard
provided the location does not impede visibility on the flanking street, and the accessory building is
set back a minimum of 6 m from the flanking street.
3. Exception: Council may, at its discretion, allow an accessory building with a floor area less than 90
m2 to be located in front of the building line provided that:
4. A public notice has been advertised in accordance with the requirements for Variances;
5. The slope of the lot and/or natural screening effectively blocks the view of the building from the
street and adjoining properties. The placement of the building must not negatively affect
neighbouring properties; and,
6. A site plan is submitted showing all buildings on the lot including the proposed accessory building.
7. Accessory buildings shall not be used for commercial or industrial uses on a residential property,
regardless of the use zone in which it is located, unless Council has issued a permit for such use;
8. Repairs to vehicles, other than minor vehicle maintenance, are prohibited in accessory buildings;
9. No truck, bus, semi-trailer, freight container, or other vehicle body shall be used as an accessory
building;
10. Except for minor maintenance, no accessory building will be used for the repairing, painting,
dismantling, or scrapping of vehicles or machinery;
11. An accessory building may be used for a home business as outlined in home business section.
Town of Marystown Development Regulations 2017-2027
97
12. Exterior Cladding: With the exception of greenhouses, the exterior cladding of the accessory
building shall match or coordinate with the exterior siding of the main dwelling on the lot and shall
be residential in character.
13. Discretionary Decisions of Council: In making discretionary decisions with respect to accessory
buildings, Council shall consider:
a. The location of the accessory building on the lot;
b. The size of the accessory building compared to the dwelling on the lot and the size of
structures on neighbouring properties;
c. Visibility of the structure from neighbouring properties and/or street;
d. If the accessory building will block a view and/or light from adjoining properties;
e. The use of the accessory building;
f. Site conditions, such as topography and the presence of wetlands; and
g. Any other on-site conditions that may warrant Council's considerations.
14. Residential swimming pool: Subject to the following requirements, the swimming pool shall:
a. be located in the rear yard of a residential property;
b. not encroach upon any easement;
c. not be located under any overhead power line;
d. have a minimum setback of two metres (2 m) from any property boundary; and
e. have an area surrounding a swimming pool and pool deck shall be fully fenced to prevent
people, especially children, from unauthorized access to the pool area.
5.2.3
Accessory Buildings -- Non-Residential
General:
An accessory building associated with a non-residential use shall be permitted, subject to the following
requirements:
1. an accessory building shall be located on the lot so that it has no undesirable impact on the private
enjoyment of adjoining residential lots;
2. the use of an accessory building shall be directly related to the principal use or building on the lot;
3. the maximum floor area of an accessory building shall be fifty square metres (50 m2) or seven
percent (7%) of the lot coverage, whichever is lesser;
4. an accessory building shall not be erected or placed upon any easements; (e) an accessory building
shall maintain a minimum side yard and rear yard of one metre (1 m);
5. an accessory building shall maintain a minimum separation distance of two metres (2 m) from the
main building;
6. with the exception of radio and television antennae, an accessory building shall have a maximum
height of three decimal five meters (3.5m);
7. radio and television antennae shall have a maximum height of fifteen metres (15 m);
8. the exterior siding of an accessory building shall match or be complimentary to the exterior siding of
the principal building on the lot.
-
Town of Marystown Development Regulations 2017-2027
98
- Specific Accessory Buildings:
-
Trailer:
The use of a trailer as an accessory building shall be permitted within the Industrial Zone, subject to the
trailer meeting the following conditions:
1. the use of the trailer shall be restricted to storage purposes only;
2. the trailer shall not be used for human habitation;
3. the trailer shall be located in the rear yard of the lot so that it is not visible from the street;
4. the trailer shall not be permitted to be located in a rear yard which abuts a residential or open space
Use Zone;
5. the trailer shall be placed and anchored on the site in accordance with the requirements of Council;
6. the trailer shall be kept in a good condition aesthetically and structurally; and
7. if, in the opinion of Council, the appearance and structural soundness of the trailer is unacceptable,
the trailer will be required to be removed from the site immediately.
-
Wharf/Boathouse/Slipway/Breakwater:
Subject to the following conditions:
1. Must meet Use Zone Site Development Conditions;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3. Wharf/Boathouse/Slipway/Breakwater structures for both commercial or residential/cottage use
shall follow the guidelines for the Construction and Maintenance of Wharves, Breakwaters, Slipways
and Boathouses which are available at:
http://www.env.gov.nl.ca/env/waterres/regulations/appforms/Guidelines_for_Wharves.pdf,
The Applicant must obtain a permit under of the Water Resources Act, 2002 under Section 48
(http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm) for any infilling or dredging work associated
with these structures or other works near or in any body of water prior to the start of construction.
Contact: Manager, Water Rights & Investigations Section - (709) 729-4795
5.3
Home Business in the Residential Land Use Class
Accessory uses in residential areas are primarily those subsidiary activities occurring in homes; these are
most commonly referred to as 'home businesses' and are sufficiently prevalent to require specific
standards to ensure that the intent of each residential zone can be protected for the enjoyment of its
residents.
5.3.1
General Home Business
Definition: General home business means a subsidiary use of a dwelling or associated accessory building
for commercial use involving the provision or sale of goods and/or services without detracting from the
Town of Marystown Development Regulations 2017-2027
99
residential character of the neighbourhood in terms of traffic, or any other nuisance. Examples may
include:
1. Professions, such as an accountant, architect, auditor, engineer, realtor, insurance agent, planner,
lawyer;
2. Personal service such as a hairdressing, tailor, photographer, pet groomer, caterer's establishment;
3. Care services, such as child care, or home-care; and similar occupations or businesses.
4 Artisan and other home crafts;
5 Food preparation for catering services and baking;
6 Bed and Breakfasts;
7 Music and dance lessons and educational tutoring;
8. Telephone and mail order business;
9. Art gallery and framing shop;
10. Pet grooming services;
11. Shoe repair, dressmaking, sewing repairs and tailor shop;
12. Furniture repair and upholstery;
13. Sale of bedding plants and trees grown on the same lot;
14. Various personal service uses that do not disrupt the residential character of the neighbourhood
such as small appliance, clock/watch, bicycle, ski and snowboard and computer repair, locksmiths,
manicurists and insurance agents; and,
15. Discretionary Uses as approved by the Authority.
Exclusions:
An accessory home-based business shall not include any business activity related to any of the following
uses:
-
Occupations that discharge or emit odors, noxious or toxic matter or vapors; heat, glare, noise
and/or radiation,
-
Manufacturing, welding or any other light industrial use;
-
The salvage, repair, maintenance or sales of motor vehicles, or motor vehicle engines or parts;
-
Tow truck operations;
-
The use of mechanical or electrical equipment except as ordinarily utilized in purely domestic,
household, recreational hobbies or a home office use;
-
The use of any motor vehicle exceeding 4,500kg (9,920Ibs.) licensed gross vehicle weight, or a
commercial vehicle unless such vehicle is completely enclosed within a building;
-
Materials and commodities that involve delivery to and from the home-based business residence in
such bulk or quantity as to require regular or frequent delivery by a commercial vehicle or trailer;
-
Business that result in traffic congestion, on street parking overflow, electrical interference, fire
hazards or health hazards;
-
Veterinary clinics, pet breeding and boarding kennels;
-
Orchestra and band training;
-
Office uses that generate regular daily visits by clients, as in a clinic;
-
Public gathering use;
-
Town of Marystown Development Regulations 2017-2027
100
-
-
Telephone or mail order sales of goods where customers enter the premises to inspect, purchase or
take possession of goods;
-
The sale of any commodity not produced on the premises, except for personal service related
products;
-
Warehouse outlet;
-
Contractors Yards;
-
Adult Entertainment Uses; and,
-
Any other use that is not complimentary to the quiet enjoyment of a residential neighbourhood.
General Development Conditions for Home Businesses:
1. The use is clearly subsidiary to the residential use, does not alter the character of the property or
detract from the residential character of the neighbourhood. The external appearance of the
dwelling or accessory building shall not be changed by the home business.
2. Activities associated with the use are not hazardous, and are not a nuisance to the occupants of
adjacent dwellings;
3. No regular parking of commercial vehicles or trailers except for one vehicle with a gross weight of no
greater than one tonne will be permitted.
4. The residence is occupied by the operator of the home business.
5. There shall be no wholesale or outdoor storage of goods or equipment.
6. Any retail sales are incidental and subsidiary to the approved use.
7. The residential lot has sufficient area to accommodate the parking and loading requirements of the
dwelling unit and the home business.
8. The only home businesses that can be conducted outside the dwelling or accessory building are
Non-farm operation animal husbandry and market or home garden uses as defined under
'Agriculture -- Urban' and Child Care.
9. A non-illuminated identification sign not exceeding zero decimal two square metres (0.2 m2) in area
shall be permitted provided that the sign is consistent with the residential character of the
neighbourhood.
10. The home business will occupy:
no more than thirty percent (30%) of the total floor area of the dwelling unit, or
no more than one hundred (100) square metres of the total floor area of an accessory building.
11. Council may require fencing, screening, and/or a minimum buffer to protect the amenity of adjacent
uses.
12. The home business will not create traffic safety or traffic congestion concerns.
13. The home business will adhere to all other conditions that Council considers necessary to protect
the amenity of adjacent uses and the neighbourhood.
The home business will not use water or generate sewage in excess of what can be accommodated
by the municipal water supply and sewage system.
5.3.2
Development Conditions for Specific Home Businesses
5.3.2.1 Bed and Breakfast
Town of Marystown Development Regulations 2017-2027
101
Definition: Bed and breakfast, sometimes referred to as a hospitality home, means an owner-occupied
or owner-managed dwelling for paid temporary accommodation with no more than four (4) guest
rooms. The establishment may include a self-serving dining area for the use by overnight guests.
Catered dining may be considered on a limited-use basis. It does not include a hotel, motel or hostel.
-
Conditions:
1. The principal use of the residential dwelling unit shall continue to be the home for the ongoing
occupation by a single family; no other use such as for a Residential Care or Boarding use shall be
permitted at the same time as a Bed and Breakfast use;
2. The person(s) operating the Bed and Breakfast shall hold a valid license issued by the agency/
agencies having jurisdiction or authority, such as, Canada Select and the Tourism Division,
Government of Newfoundland and Labrador;
3. No more than three bedrooms accommodating not more than six persons at any one time may be
used by residential homes for a Bed and Breakfast use;
4. The maximum stay for any one patron shall be not more than 45 days in a 12-month period;
5. Bed and Breakfast amenities shall include a minimum of sleeping accommodation area per bedroom
of 12.0sm (129.1sf) and full bathroom and washroom facilities with potable hot and cold water for
each bedroom;
6. A Bed and Breakfast Use is not permitted within a subsidiary apartment, a mobile home or within
multi-unit dwellings units in the zones.
5.3.2.2 Boarding House
Definition: Boarding house or lodging house means a single detached dwelling in which at least rooms
are regularly rented to 3 or more persons other than the immediate family of the owner or tenant.
Guests are semi-permanent boarders/lodgers, whereas hotel guests are travelers and transient guests.
Conditions:
1. Must conform to Use Zone Table and General Standards for Home Businesses
5.3.2.3 Day Care: Residential
Definition: Day care or family and group care means a dwelling accommodating up to but no more than
six (6) persons exclusive of family or staff receiving care in a home-like setting, for example, group
homes, halfway house, child, adult care (seniors) or disabled persons.
Conditions
1. The section of the street on which the use is located allows sufficient area and sight distance for the
safe and convenient drop off and pick up of children without hindering the safety and convenience
of vehicular and pedestrian traffic on the street, or the development provides adequate off-street
drop off or pick up spaces satisfactory to Council;
2. the use is compatible with nearby uses; that is, the use of the dwelling does not materially differ
from, nor adversely affect, the amenities of the adjacent residences, or the neighborhood in which it
is located;
Town of Marystown Development Regulations 2017-2027
102
-
3. the use shall occupy a maximum of forty percent (40%) of the floor area of the dwelling unit;
4. the use shall have a maximum of six (6) adult day care users present at any time;
5. a minimum of five square metres (5 m2) of net floor space per person shall be provided for use by
adult day care users, this aggregate floor space shall be utilized for the purpose of group amenity
areas and individual rest areas;
6. the operator of the day care shall maintain the dwelling in which the use is located as his/her
primary residence;
7. the use shall operate only during the full daytime period between 7:30 a.m. and 6:00 p.m.
8. A family group care centre use is permitted in any dwelling or apartment that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff, provided that, in the
opinion of Council;
9. Council may require special access and safety features to be provided for the occupants before
occupancy is permitted.
5.3.2.4 Parking for Home Business
1. In addition to the two required parking spaces for a residential zone use, a Home-Based Business
shall provide one additional parking space for each non-resident employee working at such facility;
2. The Home Base Business applicant shall provide a Site Plan that indicates the parking spaces location
and any landscape improvements related thereto at time of business license application.
Town of Marystown Development Regulations 2017-2027
103
6.0
BUILDINGS, LOT SITING AND LANDSCAPING AND SERVICES
-
6.1
BUILDINGS
6.1.1
Building Orientation
Taking into consideration 4.7.1 regarding building orientation to the street, wherever possible,
development or the siting of a building on a lot should be configured to optimize winter solar exposure
and shall take into consideration street/building layout, shading, landscaping, and on-site parking.
6.1.2
Building Quality
Building Materials: All building materials for exterior finish will be subject to approval of Council in
respect to acceptable visual quality and design appearance.
Outside Element: Any outside elements including exposed ductwork, outside air conditioning units,
cooling towers and tanks are subject to the approval of Council in respect to acceptable visual quality.
6.1.3
Heat Pump, Mini-Split Heat Pump, Air Conditioner, or External Fan
1. A heat pump, air conditioner or external fan shall be located
-
in the flanking street side yard or rear yard of the principle building of the lot of property on
which the heat pump, air conditioner or external fan is situated;
-
no closer than 2.4 m from a side lot line of the lot or property on which the heat pump, air
conditioner or external fan is situated; and
-
no closer than 3 m to a door or window of a dwelling on an adjoining lot.
2. Upon receipt of a noise complaint about a heat pump, mini-split heat pump, air conditioner or
external fan unit, the unit shall be inspected and certified to be in appropriate working order by a
company certified to service the equipment. Proof of inspection and certification must be made
available upon request by the City. If the noise continues and exceeds the noise level permitted for a
heat pump, mini-split heat pump, air conditioner or external fan unit, the property owner will be
required to undertake noise mitigation measures or relocate the unit.
3. A heat pump shall be placed on a concrete base that rests on or in the ground, or equivalent.
4. A mini-split heat pump shall:
-
be located in any yard of the principle building of the lot or property on which the mini-split
heat pump is situated;
-
be attached securely to the principle building of the lot or property on which the mini-split
heat pump is situated as per the manufacturer's specifications, or equivalent, and in a
manner, that prevents any potential vibration of the equipment during operation or
attached securely to a concrete base resting on or in the ground; and
-
not generate noise exceeding 55 dBA at the property boundary. If a mini-split heat pump is
found to be exceeding that limit, noise mitigation measures shall be employed to reduce the
noise level to a maximum of SS dBA.
Town of Marystown Development Regulations 2017-2027
104
-
6.1.4
Heritage Building or Structure
Where Council designates a building or structure as a heritage building or structure, no person shall pull
down or demolish the designated heritage building or structure except for life safety reasons or to carry
out a public work, nor shall the exterior of the heritage building or structure be repaired or altered
without the written approval of Council.
6.2
LOT SITING AND LANDSCAPING
6.2.1
Lot Area
1. No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof, such
that,
-
the lot area, frontage, front yard, rear yard, and side yards are less than the minimums
permitted by these Regulations for the zone in which such lot is located, and
-
the lot coverage of all buildings exceeds the maximum 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.
6.2.2
Lot Size Exceptions
Where, at the time of registration of these Regulations, one or more lots already exist in any residential
zone, with insufficient frontage or area to permit the owner or purchaser of such a lot or lots to comply
with the provisions of these Regulations, then these Regulations shall not prevent the issuance of a
permit by Council for the erection of a dwelling thereon, provided that the lot coverage and height are
not greater than, and the yards and floor area are not less than, the standards set out in these
Regulations.
6.2.3
Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to satisfy the yard
and other allowances called for in the Use Zone in which it is located and the allowances shall be
retained when the adjacent land is developed.
6.2.4
Lot Frontage on a Public Street
No residential, commercial or public building shall be erected on a lot that does not front directly onto a
public street unless the subject lot forms part of a Comprehensive Development meets the
requirements of 6.2.10.
Town of Marystown Development Regulations 2017-2027
105
6.2.5
Building Line and Setbacks
1. Council may vary established building lines on an existing or proposed street under 2.4.1 taking into
consideration that it:
a. does not create an obstruction to other dwellings on the street,
b. is sympathetic to the location and setback of adjacent buildings,
c. does not create a safety hazard, and
d. is not a hindrance to municipal snow clearing or snow storage operations on the street.
2. The building line setback is measured from the front property line;
3. Adequate building setback from roads shall be required in order to maintain road standards,
consider public safety requirements for side/back/front yards; and conform to the existing
development pattern; and, ensure adequate provision is made for light, privacy, and amenity.
4. Setbacks should be sufficient to allow for landscaping of front yards, vehicle off-street parking and
take into consideration Town service obligations, such as, snow clearing;
5. To encourage a more interesting streetscape Council can allow staggered building line setbacks
6. Council, at its discretion, may allow development to complement existing building setbacks of
adjoining properties by varying the yard requirements after notification of the proposed variance is
given to neighbouring property owners in accordance the section on Variances in these Regulations.
7. If required, the building line as set out in the provincial Building Near Highways Regulation along
any provincial highway, must be adhered to.
6.2.6
Flanking or Corner lots and double fronting lots
In the case of a corner lot, the shortest lot line facing the street shall be the front lot line, and in the case
of double fronting lots or where the lot lines are equal in length, the front lot line shall be determined by
the orientation direction of the majority of adjacent neighbourhood buildings.
6.2.7
Side Yards
An unobstructed side yard shall be provided on the exposed sides of every building in order to provide
access for the maintenance of that building.
6.2.8
Zero Lot Line and other Comprehensive Development
Council may, at its discretion, approve the erection of buildings that are designed to form part of a zero-
lot line development or other comprehensive development which does not meet the requirements of
the Use Zone Tables, provided that:
-
the buildings are designed to provide both privacy and reasonable access to natural daylight; and,
-
the layout conforms to the Regulations and standards set out in the Use Zone Schedules apply
where the layout adjoins other development.
-
Town of Marystown Development Regulations 2017-2027
106
-
6.2.9
Multiple Uses on One Lot
Where two or more different uses may exist in a single building, more than one main building may be
permitted on a single lot, or a single lot may contain more than one permitted use, provided that each
use shall conform to all requirements in these regulations that are applicable to that use. EXCEPTION:
This does not apply to a single detached dwelling that is not part of a Comprehensive Development.
Multiple use may not be permitted where the Authority determines that the proposed use would not be
compatible with existing uses on or adjacent to the lot by reason of safety, amenity, appearance, or
nuisance.
Where more than one main building is developed on a single lot, sufficient area shall be reserved to
satisfy the yard requirements and other allowances outlined in the Use Zone Table applicable to the lot.
These allowances shall be maintained when the adjacent land is developed.
6.2.10
Back Lots
Where the configuration of existing parcels of land does not support traditional residential subdivision
of land where each lot has a minimum frontage to a street, the Council may consider a proposal to
subdivide land and develop a new lot through the creation of backlots, where a narrow driveway from
the street, forming part of the lot, provides access to the larger developable portion of the parcel.
Backlot development in the Residential Traditional Community zone may be considered, where:
1. the backlot development has access by an independent, approved access to a public road by means
of a driveway that forms part of the backlot development;
2. underground municipal sewer and water service hook-ups are located entirely on the backlot
property;
3. the property is properly accessible to fire protection and other emergency services;
4. only one dwelling is located behind the other;
5. exclusive of the independent, approved access (6 m), the minimum lot area requirements of the
zone are met and, adequate separations between the backlot development dwelling and other
dwellings are maintained under the development regulations;
6. If there is potential for future development, a minimum right of way of 12.5 to 15 metres shall be
provided and reserved as a future road, despite being in the ownership of the applicant, must be
shown on the survey or plan of the property;
7. (a) The backlot driveway access area of the lot shall not be calculated as part of the minimum parcel
size area required by the Development Regulations for that zone, and the backlot driveway shall be
constructed and certified by the applicant's engineer to meet standards to provide for a durable
road surface for emergency access vehicles, and include provision for road drainage.
(b) All backlot driveways are being paved with asphalt or concrete by the applicant, and also be
provided with approved drainage for the driveway to the satisfaction of the Authority.
8. The backlot width (frontage) shall be a minimum of an unobstructed 6.0m for a single backlot.
Town of Marystown Development Regulations 2017-2027
107
9. For two adjacent backlots, the minimum width of each backlot may be 4.0m.
10. The maximum length of a backlot access shall be 200.0m (656.1ft).
11. The maximum length of a corner truncation for a backlot shall be no more than 27.0m.
12. Backlots shall not be permitted in Commercial and Industrial Zones.
An illustration of a backlot is shown as follows:
-
6.2.11 Outdoor Storage
1. Outdoor storage shall not be located in front yards.
2. The Council may require screening from street and other surrounding development.
3. Open storage shall be maintained with a stable surface to prevent raising or movement of dust, clay,
mud or loose particles.
4. Open storage side yard minimum requirement = 5 m.
5. The Council may, where a development is unsightly or dangerous to health or safety, order the
owner or occupier of the site to remove and dispose of unsightly or dangerous materials or
buildings, or restore the unsightly or dangerous materials or buildings to a more acceptable and
pleasing condition.
6.2.12
Landscaping
6.2.12.1 General
1. Under the direction of Council, the limits of new development shall be delineated in the field and
site work will be located in such a manner to minimize disruption on the existing and surrounding
natural vegetation.
2. All areas that are disrupted by construction shall be reinstated by the developer using natural
landscaping with a minimum of topsoil and grass sods. Wherever grass is a requirement for the
Town of Marystown Development Regulations 2017-2027
108
-
development of a lot or space, a minimum topsoil depth of 150 mm will be required for the planting
of grass or the laying of grass sods.
3. Slopes shall have a maximum vertical slope ratio of 2:1 and shall be landscaped with topsoil and
grass sods or hydro seeded as determined by the Engineering Department.
4. Whenever an alternate landscaping treatment is approved by Council and the treatment includes
ornamental gravel, the developer or property owner shall ensure that:
-
an appropriate retaining wall or border is constructed to contain the gravel within the lot
boundaries and along paved driveways, vehicular circulation areas, and parking areas, and
-
the area between the border and the sidewalk or curb be maintained with grass in accordance with
these Regulations.
5. The landscaping of properties and lots shall be in accordance with the landscaping guidelines in
Section 9.
6. A landscape deposit in the amount to cover the costs of the landscaping of the lot or area shall form
a condition of the Development Permit and shall be paid prior to the issuance of the applicable
permit by the Town. The deposit shall be returned upon the successful completion of the
landscaping to the satisfaction of the Town. The amount of the landscape deposit shall be as
outlined in the landscaping guidelines in Section 9.
6.2.12.2 Subdivisions
1. Wherever possible, natural areas should be maintained in their natural state and the destruction of
these natural areas by development shall be minimized. If the natural area is a part of a public open
space area, the developer shall prepare a landscape plan integrating the natural areas with the
portions of the open space area that is to be developed for recreational purposes. The plan will
illustrate the grading relationships between developed and natural areas of the park.
2. Minimum landscaping of the recreational open space area shall be topsoil and grass sods or hydro
seed as determined by the Town.
3. Where it is determined by Council that berming or a swale is required, or that major sloping occurs
within, or outside, the normal boundaries of a lot, it shall be the developer's responsibility to
landscape the berm, swale or slope with a minimum of grass.
4. A landscape deposit will form a part of the subdivision agreement to be returned upon the
acceptance of the area by Engineering Services.
6.2.12.3 Residential
1. The front, side, and rear yards of a residential lot shall be landscaped with a minimum treatment of
grass and related natural vegetation, and any variation or alternative landscaping treatment to this
shall be proposed in the form of a landscaping plan prepared by a certified member of a recognized
landscaping organization which is recognized by the Town to offer such landscaping expertise and
service. (b) With the exception of row dwellings and apartment building lots, the minimum area to
be landscaped in the front yard of a residential lot is 50% unless otherwise determined by Council.
Town of Marystown Development Regulations 2017-2027
109
Where a residential property abuts a publicly owned open space snow storage buffer immediately
adjacent to a public road intersection, the entire front yard area, including the buffer located
between the front lot line and the front wall of the dwelling, may be considered in the calculation of
the 50% landscaped front yard requirement subject to the review and approval by Council.
2. The front yard landscaping of row dwellings and apartment building lots will be determined by City
staff as part of the application and plan review process.
3. A minimum of one tree shall be planted per six metres (6 m) of lot frontage as part of the initial
landscaping feature of the lot.
6.2.12.4 Commercial and Public Use/Institutional
1. A minimum of 20% of the lot shall be landscaped.
2. The front, side, and rear yards of a commercial lot shall be landscaped with a minimum treatment of
grass and related natural vegetation, and any variation or alternative to this requirement shall be
proposed in the form of a landscaping plan prepared by a certified member of a recognized
landscaping organization which is recognized by Council to offer such landscaping expertise and
service.
3. On every lot, a minimum of one tree shall be planted for every eight metres (8 m) of lot frontage.
4. For smaller lot developments (frontages of 30 m or less), the proposed landscaping shall be
indicated on the site plan.
5. On larger lots (frontages greater than 30 m), a landscape plan shall be required as a condition of the
development and the appropriate amount of landscaping as determined by the City shall be
illustrated on the landscaping plan.
6. The driveway and all vehicle circulation areas, including parking stalls and parking and shipping areas
in all yards (front, side, and rear), shall be paved and curbed.
6.2.12.5 Industrial
1. In the landscaped front yard of an industrial lot, a combination of natural landscaping elements shall
be required as part of the development or redevelopment of the lot.
2. The required side and rear yards of an industrial lot shall be landscaped with a minimum treatment
of grass and related natural vegetation, and any variation or alternative landscaping treatment to
this requirement shall be proposed in the form of a landscaping plan prepared by a certified
member of a recognized landscaping organization which is recognized by Council to offer such
landscaping expertise and service
3. A landscape plan shall be required as a condition of the development and the appropriate amount
of landscaping as determined by the Planning and Development Department shall be illustrated on
the landscaping plan.
4. The driveway and all vehicle circulation areas, including parking stalls and parking and shipping
areas, in all yards in the front, side, and rear yards (with the exception of exterior storage yards),
shall be paved with curbing extending from the front of the property up to the limits of the rear wall
of the building.
-
Town of Marystown Development Regulations 2017-2027
110
-
6.2.12.6 Screening and Landscaping
Council may, in the case of existing unsightly development, order the owner or occupier to provide
adequate and suitable landscaping or screening and, for this purpose, may require the submission of an
application giving details of the landscaping or screening, and these Regulations shall then apply to that
application. The provision of adequate and suitable landscaping or screening may be made a condition
of any Development Permit where, in the opinion of Council, the landscaping or screening is desirable to
preserve amenity, or protect the environment.
6.3
SERVICES
6.3.1
Streets and access to streets
1. A new street may not be constructed except in accordance with and to the design and specifications
established by Council.
2. Access(es) shall be located to the specification of Council so as to ensure the greatest possible
convenience and safety of the street system and Council may prescribe the construction of service
streets to reduce the number of accesses to collector and arterial streets.
3. Where Council has adopted an access plan, the location of accesses to existing and new
developments shall be in accordance with that plan.
4. No vehicular access shall be closer than ten metres (10 m) to the street line of any street
intersection.
5. Access shall be located so that there is no visual obstruction for drivers of vehicles entering or
exiting the development; therefore, to protect sightlines (view) of motorists and pedestrians:
-
All occupied lands within 7 metres of a street intersection shall be kept free of any shrubs,
plants, and trees that will impede the line of vision clear for motorists and pedestrians, and
-
No building or structure shall be permitted to be erected, moved, enlarged, or
reconstructed on any land that is within 7 metres of a street intersection.
6. In order to control access to streets, Council may, by the adoption of an Access Plan:
-
determine the number, location and layout of accesses to a street;
-
require an access to a service street, where direct access to an arterial street is not
desirable;
-
require two or more properties to share a joint access to an arterial street where individual
accesses would not be desirable.
6.3.2
Services and Public Utilities
Within any Use Zone Council may permit land to be used for the provision of public services and public
utilities if the use of that land is necessary to the proper operation of the public service or public utility
concerned, provided that the design and landscaping of any development of any land so used is, in the
opinion of Council, adequate to protect the character and appearance of the area.
Town of Marystown Development Regulations 2017-2027
111
6.3.3
Storm Water Management
1. Land shall be used and graded in such a manner that run-off from the land or development does not
negatively impact adjoining properties, and that all surface drainage shall be captured on site in
accordance with the requirements of Council.
2. Development of land shall be undertaken with the objective of wherever possible achieving zero net
run off with respect to on-site storm water runoff.
3. Consideration should be given to green approaches to storm water management as outlined in
Section 9.
6.3.4
Effluents:
1. Liquid or Semi-Solid Industrial Drainage: No liquid, semi-solid or water borne industrial waste or
effluent shall be discharged on the surface or into the ground, into the surface drainage ditches or
sanitary sewers unless the chemical and/or biological content is acceptable to Council or authorities
having jurisdiction.
2. Any effluent or runoff leaving the site will be required to conform to the requirements of the
Environmental Control Water and Sewage Regulations, 2003
http://assembly.nl.ca/Legislation/sr/regulations/rc030065.htm.
3. Application forms for permits and licences, fee schedules, and guidelines are available at:
http://www.env.gov.nl.ca/env/waterres/regulations/appforms/index.html.
6.3.5
On-Site Services (Wells and onsite sanitary sewer systems)
Approvals involving installation of on-site water and sewer systems must be obtained from Service NL,
Grand Falls-Windsor.
6.3.6
Environmental Investigations
Approvals for any development that may have an environmental impact must be referred to
Environmental Investigations, Service NL, and/or the Pollution Preventions Division, Department of
Environment and Conservation.
-
Town of Marystown Development Regulations 2017-2027
112
-
7.0
OFF-STREET LOADING, PARKING AND SIGNS
7.1
OFF-STREET LOADING REQUIREMENTS
1. Where Council deems necessary, for every building, structure or use requiring the shipping, loading
or unloading of animals, goods, wares or merchandise, one or more loading spaces will be provided
and maintained on the lot measuring at least 15 metres long and 4 metres wide with a vertical
clearance of at least 4 metres. The space will have direct access to a public street or to a driveway of
a minimum width of 6 metres that connects to a public street.
2. The number of loading spaces to be provided will be determined by Council.
3. The loading spaces required by this Regulation will be designed so that vehicles can maneuver clear
of any street and so that it would not be necessary for any vehicle to reverse onto or from a street.
7.2
PARKING
7.2.1
Parking Area Standards
1. For every building, structure or use to be erected or enlarged, 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 on-street parking of vehicles associated with that building,
structure or use.
2. Each parking space, except in the case of a single detached, semi-detached or attached dwelling, will
be made accessible by means of a right-of-way at least 3 metres wide.
3. Residential parking spaces shall be provided on the same lot as the dwelling or dwellings.
4. No regular parking of commercial vehicles or trailers except for vehicles with a gross weight of no
greater than one tonne will be permitted.
5. Parking space for apartment buildings will be provided in the rear yard where possible.
6. Non-residential parking spaces shall be provided not more than 200 metres distant from the use for
which the parking is required.
7. The parking facilities required by this Regulation will, except in the case of single detached, semi-
detached or attached dwellings, be arranged so that it is not necessary for any vehicle to reverse
onto or from a street.
8. Where Council permits parking perpendicular to the curb, the minimum dimensions of each parking
stall will be as follows:
Parking stall width
2.5 metres
Parking stall length or depth
5.5 metres
Aisle width separating opposite parking stalls
7.0 metres
Aisle width separating a stall from another
7.0 metres
Driveway width
7.0 metres
Town of Marystown Development Regulations 2017-2027
113
9. Where Council permits parking horizontal to the curb, the minimum length of the stall will be 7.00
metres and the aisle width will be at least 4 metres, or more if deemed necessary by Council.
10. For any other parking lot configuration, the requirements shall as be as specified by Council, but in
no instance, shall the requirements be less than that specified for perpendicular parking spaces.
11. Other requirements for parking areas are as follows:
-
The parking area will be constructed and maintained to the specifications of Council,
-
Lights for illumination of the parking area will be arranged so as to divert the light away
from adjacent development,
-
Except on a service station or industrial lot, no gasoline pump or other service station
equipment will be located or maintained in a parking area,
-
No part of any off-street parking area will be closer than 1.5 metres from the front lot line in
any zone,
-
Where Council deems that strict application of the parking requirements is impractical or
undesirable, Council may as a condition of a permit require the developer to pay a service
levy in lieu of the provision of a parking area, and Council will use the full amount of the levy
for the provision and upkeep of alternative parking facilities within the vicinity of the
development.
12. Where, in these Regulations, a parking area for more than four vehicles are required or permitted:
-
a parking area and an adjoining driveway shall provide drainage, lighting, curbs, and
landscaping in accordance with requirements of Council.
-
except in zones in which a service station is a permitted use, no gasoline pump or other
service station equipment shall be located or maintained on a parking area;
-
no part of any off-street parking area shall be closer than two metres (2 m) to any lot line in
any zone;
-
access to a parking area in non-residential zones shall not be by way of residential zones;
-
where a parking area is in or abuts a residential zone, a natural or structural barrier at least
one metre (1 m) in height shall be erected and maintained along all lot lines;
13. Where, in the opinion of Council, strict application of the above parking requirements is impractical
or undesirable, Council 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 Council for the provision and upkeep of alternative parking
facilities within the general vicinity of the development.
-
Town of Marystown Development Regulations 2017-2027
114
-
7.2.2
Parking Development Plans
Council may exempt or change all the off-street parking required under Section 7.1 for a designated
area, provided the development within the designated area is controlled by a Comprehensive
Development.
7.2.3
Off-Street Parking Requirements
1. The off-street parking requirements for are set out in the following table, and for those uses not
indicated, then the parking and off-loading requirements are at the discretion of Council. In the case
of developments that include more than one use or development, these standards shall be regarded
as cumulative.
2. Adequate off-street provision for the drop-off and pick-up of persons will be provided on the same
lot as the development unless otherwise stipulated by Council.
3. The number of spaces to be provided for off-street parking will be in accordance with the following
table.
USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT
Amusement
One space for every 15 square metres of gross floor area
Animal Grooming
One parking space for every 20 square metres of gross floor area
Apartment Building
Three spaces for every two dwelling units
Automotive Sales
In addition to the parking spaces required for the principal building,
one parking space for every 20 vehicles of capacity for sales display
at the automotive sales lot
Bakery
One parking space per 15 square metres of net floor area
Bank
One parking space per 15 square metres of net floor area
Bank -- Drive through
One parking space per 15 square metres of net floor area
Bar (night club)
One parking space for every 5 square metres of seating area
Bed and Breakfast
One parking space per guest room in addition to the two spaces for
the dwelling unit
Car Wash
One parking space per washing bay and one parking space for each
30 square metres of office space
Clinic
Three parking spaces per examining room
Club and Lodge
One space for every 3 persons that may be accommodated at one
time
Commercial Garage
One parking space per 30 square metres of net floor area (parking
provision for the storage of new and used vehicles for sale shall not
be counted towards this requirement)
Convenience Store
One space for every 20 m2 of gross floor area
Town of Marystown Development Regulations 2017-2027
115
USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT
Public Gathering Places
One space for every 60 square metres of gross floor areas
Day Care-non-residential
One space for every 30 square metres of gross floor area
Day Care-residential
One parking space per 30 square metres of net floor area
Semi-Detached (Double)
Two spaces for every dwelling unit
Dry Cleaning
One parking space per 30 square metres of net floor area
Educational
Schools - 2 spaces for every classroom; Further education - 1 space
for every 5 persons using the facilities (students, faculty and staff)
Funeral Home
One parking space for every 5 square metres of gross floor area
Furniture & Appliance
One parking space for every 50 square metres of gross floor area
General Industry
One parking space for every employee
General Service
One space for every 25 m2 of gross floor area
Hazardous Industry
One parking space for every employee
Health Club
One parking space for every 20 square metres of gross floor area
Hotel
One parking space for every 3 sleeping units plus one parking space
for every 15 square metres of banquet seating area
Light Industry
As specified by Council but not less than one space per 50 m2 of
gross floor area or 5 parking spaces, whichever is greater
Medical and Professional
One space for every 25 m2 of gross floor area
Medical Treatment and Special
Once space per 22 square metres of suite or ward area
Mobile and Mini Homes
Two spaces for every dwelling unit
Office
One space for every 30 m2 of gross floor area
Personal Service
One space for every 25 m2 of gross floor area
Public Gathering Place-Indoor
One space for every 6 seats; or one space for every 15 square
metres of gross floor area
Regional Institutional Use
One parking space for every 10 spectators that may be
accommodated at one time
Restaurant
One parking space for every 5 square metres of seating area
Restaurant -- Drive Through
One parking space per 5 square metres of seating space
-
Town of Marystown Development Regulations 2017-2027
116
-
USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT
Restaurant -Take-out
One space for every 25 m2 of gross floor area
Retail
One space for every 20 m2 of gross floor area
Row Dwelling
Two spaces for every dwelling unit
Service Station
One space for every 20 m2 of gross floor area
Shopping Centre
One space for every 20 m2 of gross floor area
Single Detached Dwelling
Two spaces for every dwelling unit
Sport & Recreation facility
Three parking spaces for every 5 patrons of the facility at maximum
capacity
Subsidiary Apartment
One parking space for every dwelling unit
Veterinary
One space for every 25 m2 of gross floor area
7.2.4
Designated Mobility Impaired Parking Spaces
For any development where parking spaces for person with disabilities are required pursuant to the
Buildings Accessibilities Regulations under the Building Accessibility Act (Newfoundland and Labrador),
such spaces shall be provided according to the regulations, and such parking space or spaces shall be
designated and marked in accordance with the Designated Mobility Impaired Parking Regulations under
the Highway Traffic Act (Newfoundland and Labrador) and the Buildings Accessibilities Act.
7.3. SIGNS (ADVERTISEMENTS)
7.3.1
Permit Required
No sign or advertisement shall be erected or displayed in the Planning Area unless a permit for the
advertisement is first obtained from the Authority, except for those signs that are exempt from control
as listed in the following provision.
7.3.1.1 Signs/Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without application to
the Authority:
-
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m2 in
area;
-
on an agricultural holding or farm, a notice board not exceeding 1 m2 in area and relating to
the operations being conducted on the land;
Town of Marystown Development Regulations 2017-2027
117
-
on land used for forestry purposes, signs or notices not exceeding 1 m2 in area and relating
to forestry operations or the location of logging operations conducted on the land;
-
on land used for mining or quarrying operations, a notice board not exceeding 1 m2 in area
relating to the operation conducted on the land;
-
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 m2 in
area in connection with the practice of a professional person carried on in the premises;
-
on any site occupied by a church, school, library, art gallery, museum, institution or
cemetery, one notice board not exceeding 1 m2 in area;
-
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;
-
on any parking lot, directional signs and one sign not exceeding 1 m2 in size, identifying the
parking lot.
7.3.1.2 Provincial Highway Sign Regulations, 1996 (under the Urban and Rural Planning Act,
2000)
A permit for erection or display of advertisement on Provincial Highways shall be obtain from the
Government Service Centre.
7.3.1.3 Application for Permit
Application for a permit to erect or display an advertisement shall be made to the authority in
accordance with the requirements for a development permit as set out in the Administration Section.
7.3.1.4 Signs/Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any highway or street
reservation.
7.3.1.5 Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement shall be for a
limited period, not exceeding two years, but may be renewed at the discretion of the Authority for
similar periods.
7.3.1.6 Removal of Signs/Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the removal of any
advertisement which, in its opinion, is:
-
hazardous to road traffic by reason of its siting, colour, illumination, or structural condition,
or;
-
Town of Marystown Development Regulations 2017-2027
118
- - detrimental to the amenities of the surrounding area.
7.3.1.7 Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply with the
appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these
Regulations.
7.3.1.8 Non-Conforming Uses
A permit may be used for the erection or display of signs or advertisements on a building or within the
courtyard of a building or on a parcel of land, the use of which is a non-conforming use, provided that
the advertisement does not exceed the size and type of advertisement which could be permitted if the
development was in a Use Zone appropriate to its use, and subject to any other conditions deemed
appropriate by the Authority.
7.3.2
Sign Standards for Specific Zones
The following limitations on size and placement of signs apply to the following zones:
-
All residential zones;
-
7.3.2.1 Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied by a permitted
use or a legal non-conforming use shall be as follows:
-
The size, shape, illumination and material construction of the advertisement shall meet the
requirements of Council, having regard to the safety and convenience of users of adjacent streets
and sidewalks, and the general amenities of the surrounding area.
-
No advertisement shall exceed 1.5 m2 in area.
-
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not be allowed
in the residential area.
7.3.2.2 Advertisements Relating to Offsite Uses on Local Roads
The conditions for the erection or display of an advertisement on any site, relating to a use permitted in
this or another zone, or not relating to a specific land use, shall be as follows:
-
No advertisement shall exceed 1.5 m2 in area.
-
When the advertisements relate to a specific land use, they shall be located within a reasonable
distance of, and only show thereon the name and nature of the distance or direction to, the
premises to which they relate.
Town of Marystown Development Regulations 2017-2027
119
8.0 SUBDIVISION OF LAND
-
8.1
SUBDIVISION STANDARDS
8.1.1
Subdivision Standards apply
The provisions in this Section of the Development Regulations apply each of the following:
-
The subdivision of land under single ownership into two or more lots, including the residual lot,
-
Construction, upgrading, or extension of a public street, and
-
Extension or upgrading of the municipal water and sewer system.
8.1.2
Subdivisions standards do not apply
The requirements of this Part shall not apply to the following:
-
Where the parcel being created is to be used solely for the unattended equipment necessary for:
the operation of community water, storm or sanitary sewer systems;
public utilities, including electrical substations or generating stations;
air or marine navigational aids;
any other similar public service or utility (including wind turbine 'farms');
-
Public institutional uses, including cemeteries;
-
Resource uses set out in the resource zone;
-
Conservation, open space, park uses;
-
Minor subdivisions of four (4) or fewer lots which do not require new public or private road
construction or the installation of utility infrastructure or water and sewer services (other than
private connections; these must comply with the development standards associated with the Use
Zone.
8.1.3
Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of the subdivision
is first obtained from Council.
No provision in a will that purports to subdivide land is of any effect to subdivide that land contrary to
these Regulations.
8.1.4
Form of Application
Application for a permit to develop a subdivision shall be made to Council in accordance with the
requirements for submitting and application in Administration Section.
8.1.5
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the
Zoning Maps.
Town of Marystown Development Regulations 2017-2027
120
-
8.1.6
Subdivision Permit Subject to Considerations
A permit shall not be issued when, in the opinion of Council, the development of a subdivision does not
contribute to the orderly growth of the Town or does not demonstrate sound design principles.
In considering an application, Council shall, without limiting the generality of the foregoing, consider:
-
the location of the land;
-
the availability of and the demand created for schools, services, and utilities;
-
the provisions of the Integrated Community Sustainability Municipal Plan and Regulations affecting
the site;
-
the land use, physical form, and character of adjacent developments;
-
the transportation network and traffic densities affecting the site;
-
the relationship of the project to existing or potential sources of nuisance;
-
soil and subsoil characteristics;
-
the topography of the site and its drainage;
-
natural features such as lakes, streams, topsoil, trees and shrubs and potential environmental
effects with respect to watercourses, wetlands, steep slopes, drainage patterns, storm water
generation and control, and loss or fragmentation of habitat,
-
prevailing winds;
-
visual quality;
-
community facilities;
-
municipal costs related to the provision and maintenance of roads, other infrastructure, and
municipal services;
-
energy conservation; and,
-
such other matters as may affect the proposed development.
8.1.7
Building Permits Required
Notwithstanding the approval of a subdivision and a permit to subdivide land by Council, a separate
building permit shall be obtained for each building proposed to be erected in the area of the subdivision,
and no building permit for any building in the area shall be issued until the developer has complied with
all the provisions of these Regulations with respect to the development of the subdivision.
8.2
SUBDIVISION PERMIT REQUIREMENTS
8.2.1
Subdivision Development Agreement
Where Council has determined that a subdivision development agreement is a condition of a permit for
the subdivision development, the subdivision development agreement shall meet the conditions of
Development Agreements as set out in the Administration Section.
Town of Marystown Development Regulations 2017-2027
121
Groundwater Assessment Requirement
Level 2
Number of Test Wells
Number
of Lots
Level 1
8.2.2
Municipal Services to be Provided
-
No permit shall be issued for the development of a subdivision unless provisions satisfactory to Council
have been made in the application for a supply of drinking water, a properly designed sewage disposal
system, and a properly designed storm drainage system so as not to affect adjoining and nearby
properties.
8.2.3
Private Well water source: Groundwater Supply Assessment and Reporting
A groundwater assessment report shall be required to be completed and submitted by the subdivision
applicant to the Water Resources Management Division as part of the subdivision approval process
where a minimum sized subdivision is to be serviced by individual wells. The Groundwater Assessment
Report must be prepared in accordance with the Department of Municipal Affairs and Environment's
Groundwater Supply Assessment and Reporting Guidelines for Subdivisions Serviced by Individual
Private Wells. Requirements to complete a Groundwater Assessment Report shall be based upon the
following criterion:
-
A groundwater assessment study will not be required for subdivisions less than five (5) lots, each
having a minimum 2,203m2 (1/2 acre) size, unless the area has documented drinking water quality
and/or quantity problems.
-
A proposed subdivision from five (5) to fifteen (15) lots will require a Level I assessment, as defined
in the Groundwater Supply Assessment and Reporting Guidelines.
-
A proposed subdivision greater than fifteen (15) lots will require a Level II assessment, as defined in
the Groundwater Supply Assessment and Reporting Guidelines.
1-4
No-but may be required if site
has history of ground water
quality and quantity issues
No
0
5-15
Yes
may be required if site has
history of ground water
quality and quantity issues
may be required if site has
history of ground water
quality and quantity issues
16-30
Yes
Yes
1
31-45
Yes
Yes
2
46-60
Yes
Yes
3
61-75
Yes
Yes
4
75-90
Yes
Yes
5
91-105
Yes
Yes
6
122
Town of Marystown Development Regulations 2017-2027
- 8.2.4
Fees, Service Levies and Development Charges
8.2.4.1 Subdivision Fees
Subdivision Application Fee: The applicant shall pay a subdivision application fee as determined by
Council at the time of submitting a Development Application to subdivide.
The subdivision application fee shall be calculated on a per-lot basis for every lot created by the
subdivision of land. This fee shall be calculated in addition to any other fee or charge required under the
regulation addressing Development Charges.
8.2.4.2 Service Levies and Local Improvement Assessments
-
The applicant shall be required to pay all service levies and local improvement assessments
identified by Council for connection to services, utilities, streets, and for the construction or
improving of capital works funded by Council or under Council's direction which benefit and
accommodate the development or subdivision. The service levies or local improvements
assessments will be paid in such amount and in such form as determined by Council as a condition
of permit or as a condition of a Development Agreement to subdivide land and such payment will be
agreed upon prior to construction occurring on the land.
-
This section shall not affect any outstanding levies and/or assessments that were determined prior
to the enactment of these Regulations.
-
The applicant shall pay the cost of all capital works necessary to serve the proposed development or
subdivision.
8.2.4.3 Deposit of Securities
As a condition of a permit to develop a subdivision and as part of a Development Agreement to
subdivide, the Town may require an applicant to deposit with the Town a security to cover the cost of all
the subdivision requirements and completion thereof. These securities shall be payable after approval
by Council and before issuance of a construction permit under these Regulations.
8.2.4.4 Land for Public Open Space
Before a development commences, the developer shall, if required, dedicate to Council, at no cost to
the Town, an area of land equivalent to not more than ten percent (10%) of the gross area of the
subdivision for public recreational open spaces, subject to the following requirements:
-
where land is subdivided for any purpose other than residential use, Council shall determine the
land to be dedicated;
-
if, in the opinion of Council, no public open space is required, the land may be used for such other
public use as Council may determine;
-
the location and suitability of any land dedicated under the provisions of this Regulation shall be
subject to the approval of Council but in any case, Council shall not accept land which, in its opinion,
is incapable of development for any purpose;
Town of Marystown Development Regulations 2017-2027
123
-
Council may accept from the developer, in lieu of such area or areas of land, the payment of a sum
of money equal to the value of the land which would otherwise be required to be dedicated; and,
-
this money received by the Authority (above), shall be reserved by the Town for the purpose of the
acquisition or development of land for public open space or other public purpose.
Land dedicated for public use in accordance with this Regulation shall be conveyed to the Town and may
be sold or leased by Council for the purposes of any development that conforms with the requirements
of these Regulations, and the proceeds of any sale or other disposition of land shall be applied against
the cost of acquisition or development of any other land for the purposes of public open space or other
public purposes.
Council may require a strip of land to be reserved and remain undeveloped along the banks of any river,
brook or pond, and this land may, at the discretion of Council, constitute the requirement of land for
public use.
8.3
SUBDIVISION DESIGN STANDARDS
8.3.1
General Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the following standards.
1. The finished grade of streets shall not exceed ten percent (10%).
2. The plan should indicate which streets are classified as arterial, collector or service (local) roads.
3. Every cul-de-sac shall be provided with a turning circle of a diameter of not less than thirty metres
( 30 m).
4. The maximum length of any cul-de-sac (or dead-end street) shall be:
-
two hundred metres (200 m) in areas served by, or planned to be served by, municipal
piped water and sewer services;
-
three hundred metres (300 m) in areas not served by, or planned to be served by,
municipal piped water and sewer services;
-
all cul de sac water mains will be connected to a water main on an adjoining street or will
be looped back to ensure continuous water flow and prevent stagnant water at the end of
dead-end pipes.
5. Emergency vehicle access to a cul-de-sac shall be not less than three metres (3 m) wide and shall
connect the head of the cul-de-sac with an adjacent street.
6. No cul-de-sac shall be located so as to appear to terminate a collector street.
7. New subdivisions shall have street connections with an existing street or streets.
8. All street intersections shall be constructed within 5°of a right angle and this alignment shall be
maintained for thirty metres (30 m) from the intersection.
9. No street intersection shall be closer than forty metres (40 m) to any other street intersection.
10. No more than four streets shall join at any street intersection.
11. No residential street block shall be longer than four hundred and ninety metres (490 m) between
street intersections.
-
Town of Marystown Development Regulations 2017-2027
124
12. Streets in residential subdivisions shall be designed in accordance with the approved standards of
Council, but in the absence of such standards, shall conform to the following minimum standards:
-
Type of Street
Street
Reservation
Carriageway or
Pavement Width
Sidewalk
Width
Sidewalk
Number
Arterial Streets
30 m
15 m
1.5 m
Council
Discretion
Collector Streets
20 m
15 m
1.5 m
Local Residential Streets
1.
where more than 50% of the units
are single detached or semi-
detached (double) dwellings
15 m
9 m
1.5 m
2.
where 50% or more of the units
are row houses or apartments
18-20 m
9 m
1.5
Council
Discretion
Service Streets
18 m
9 m
1.5
Council
Discretion
13. No lot intended for residential purposes shall have a depth exceeding four times the frontage.
14. Residential lots shall not be permitted which abut a local street at both front and rear lot lines.
15. Council may require any existing natural, historical or architectural feature or part thereof to be
retained when a subdivision is developed.
16. Land shall not be subdivided in such a manner as to prejudice the development of adjoining land.
17. Front Yard/Building Lines: Council may establish front yard/building lines for any subdivision street
and require any new building to be located on such building lines.
8.3.2
Conservation Subdivision Design (Grouping of Buildings and Landscaping)
Conservation Subdivision Design is limited to the Shoal Point, Little Bay and Spanish Room RDSA zones.
Each plan of subdivision shall make provision for the grouping of building types and for landscaping in
order to enhance the visual aspects of the completed development, provide greater amenity spaces,
such as trails and parklands by incorporating site-specific topography and vegetation into the
neighbourhood design.
Building groupings, once approved by Council, shall not be changed without written application to and
subsequent approval of Council.
Town of Marystown Development Regulations 2017-2027
125
-
Conventional Subdivision
Conservation Subdivision
Town of Marystown Development Regulations 2017-2027
126
Designing for open space favors
cluster housing (open-space zoning)
over conventional subdivisions.
Here, both plans contain 36 sites, but
the lower has cluster homes.
-
Primary
conservation
area
Tali oaks or
small knoll
Future street
extensor
Woodlands
lIffej.21,112.41111
Awl
Town of Marystown Development Regulations 2017-2027
127
r-i CI Fr-L.
LL]
n Fr-
77-
Town of Marystown Development Regulations 2017-2027
Cluster Development - Single Family Detached Subdivision
Illustration Based on R-3 Zoning
Conventional Single Family Detached Subdivision
- 10 acres
- 30 lots
- 12,000 sf Minimum Lot Size
Single Family Detached Cluster Development
- 10 acres
- 30 lots
- 7,000 sf Minimum Lot Size
- Minimum Open Space/Common Elements - 15% of Total Tract
L
-
-
-
-
Town of Marystown Development Regulations 2017-2027
129
Example of Conservation Subdivision Design incorporating Storm Water Management options:
Permeable parking
provided for guest
Shared driveways
parking - reduced
to reduce
roadway does not allow
impervious
for on street parking
surfaces
Homes clustered to
allow for native
vegetation retention
Bioretention facility
for roadway runoff
Pervious trail
Permeable
Reduced
Rain gardens for
Dispersion into
through shared sidewalks
roadway width
roof and driveway
retained native
open space
and
to reduce
stormwater runoff
vegetation
driveways
impervious
surfaces
Town of Marystown Development Regulations 2017-2027
130
-
8.4 SUBDIVISION ENGINEERING STANDARDS
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the requirements established by Council and the "Municipal
Engineering Subdivision Standards" as approved by Council.
8.4.1
Engineer to Design Works and Certify Construction Layout
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers, and all
appurtenances thereto and all streets, paving, curbs, gutters and catch basins, and all other utilities
deemed necessary by Council to service the area proposed to be developed or subdivided shall be
designed and prepared by or approved by the Manager of Engineering Services. Such designs and
specifications shall, upon approval by Council, be incorporated in the plan of subdivision.
Upon approval by Council of the proposed subdivision, the Manager of Engineering Services shall certify
all work of construction layout preliminary to the construction of the works and thereupon the
developer shall proceed to the construction and installation, at the developer's own cost and in
accordance with the approved designs and specifications and the construction layout certified by the
Manager of Engineering Services, of all such water mains, hydrants, sanitary sewers, and all
appurtenances and of all such streets and other works deemed necessary by Council to service the said
area.
-
8.4.2
Developer to Pay Engineer's Fees and Charges
The developer shall pay to Council all the Engineer's fees and charges for the preparation of designs and
specifications and for the layout and supervision of construction; such fees and charges being
percentages of the total cost of materials and labour for the construction and installation of all works
calculated in accordance with the Schedule of Fees recommended by the Association of Professional
Engineers and Geoscientists of Newfoundland and Labrador and in effect at the time the work is carried
out.
8.4.3
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks, and paving specified
by Council as being necessary, may, at Council's discretion, be deferred until a later stage of the work on
the development of the subdivision but the developer shall deposit with Council, before approval of the
application, an amount estimated by the Manager of Engineering Services to be reasonably sufficient to
cover the cost of construction and installation of the works. In the later stage of the development,
Council shall call for tenders for the construction and installation of the works, and the amount so
deposited by the developer shall be applied towards payment of the contract cost. If the contract cost
exceeds the deposit, the developer shall pay to the Town the amount of the excess. If the contract price
is less than the deposit, the Town shall refund the amount by which the deposit exceeds the contract
price. Any amount so deposited with the Town by the developer shall be placed in a separate savings
account in a bank and all interest earned thereon shall be credited to the developer.
Town of Marystown Development Regulations 2017-2027
131
8.4.4
Construction of Utilities
Within any street reservation, the placing of any utility structure or service such as a hydro pole,
telephone pole, underground hydro service boxes, internet or cable services, Canada Post group mail
boxes, fire hydrant, fire alarm or sign post, shall receive the prior approval of the Authority with regard
to the proposed location of utilities, safe construction, required easements and the relationship to other
structures within the street reservation and to adjoining buildings.
8.4.5
Structures in Street Reservation
No structures shall be placed within any street reservation of any structure (e.g., a utility pole, bus
shelter, fire hydrant, mail box, fire alarm, school bus shelter, sign post) without prior approval of Council
which shall take into consideration safety considerations, such as, sight lines, obstructions, safe
construction, and the relationship of the structure to the adjoining buildings and other structures within
the street reservation, and relationship to the movement of vehicles and pedestrians.
8.4.6
Transfer of Streets and Utilities to Council
The developer shall, following the approval of the subdivision of land and upon request of Council,
transfer to the Town, at no cost to the Town, and clear of all liens and encumbrances:
-
all lands in the area proposed to be developed or subdivided which are approved and designated by
Council for public uses as streets, or other rights-of-way, or for other public use; and
-
all services or public works including streets, water supply and distribution, and sanitary and storm
drainage systems installed in the subdivision that are normally owned and operated by Council.
Before Council shall accept the transfer of lands, services, or public works of any subdivision, the
Manager of Engineering Services shall, at the cost to the developer, test the streets, services and public
works installed in the subdivision and certify satisfaction with their installation.
Council shall not provide maintenance for any street, service, or public work in any subdivision until such
time as such street, service, or public work has been transferred to and accepted by Council.
8.4.7
Mini/mobile home park subdivision
-
The minimum size of parcel for a Mini/mobile home subdivision/park is 2 hectares.
-
Where municipal services are not provided, the maintenance of the services is the shared
responsibility of the members of the park.
-
A development application for a mini/mobile home subdivision/park shall provide the same
information as a set out this Part for major subdivisions.
-
Town of Marystown Development Regulations 2017-2027
132
-
9.0
DEVELOPMENT DESIGN GUIDELINES
9.1
PURPOSE AND APPLICATION
9.1.1
Purpose
The Development Design Guidelines propose additional optional requirements to the application
process outlined in Section 2.2. The purpose of the Development Design Guidelines is to support the
goals of the Town of Marystown of building liveable neighbourhoods by enhancing the visual
appearance of the neighbourhood and incorporate Smart Growth principles into the design of new
development. The intent is to promote orderly and compatible development by implementing a high
standard of attractive and functional building design.
The objective is to provide design guidelines that:
1. Provide criteria to achieve a high standard of building design, land use compatibility and site
aesthetics that promote neighbourhood cohesiveness;
2. Encourage development scheme proposals for the Residential Development Scheme Areas to
provide a mix of housing forms, choices, densities and affordability for residents of all ages around a
neighourhood hub;
3. Integrate the proposed Residential Development Scheme Areas in a manner that is cohesive with
the existing community and the future objectives of the Town;
4. Ensure a high standard of neighbourhood aesthetics, such as landscaping, planting of trees, creation
of open spaces, providing pedestrian mobility, minimizing site signage;
5. Facilitate more fiscally sustainable forms of residential development through efficient growth
patterns;
6. Promote a neighbourhood environment that focuses on social interaction and pedestrian mobility;
7. Encourage residential development densities that can support community commercial land uses
over the long term,
8. Reinforce the rural atmosphere of Marystown by extensive use of landscaping and general
'greening' of both residential commercial sites and protecting the local sense of place by retaining
natural features and vegetation, facilitating the traditional mixed age community by allowing for the
needs of all ages, and maintaining local history through the use of architectural design elements
9. Facilitate pedestrian street-friendly scale neighbourhood commercial development by reducing
building setbacks to property lines, bringing stores closer to the street, providing for more shade
areas, rest benches and amenity areas, creating more streetscape visual appeal, and making parking
lot areas safer.
9.1.2
Application
These design guidelines will apply to residential, commercial, and industrial existing zones and the
Development Scheme Areas for each of these land use categories.
Town of Marystown Development Regulations 2017-2027
133
1. The guidelines identify general design criteria for specific types of new developments. These form a
basis for Council review and consideration of building development proposals, prior to approval of a
development permit or providing 'approval in principle, or allowing any site construction;
2. At the discretion of Council, certain design guidelines may be waived;
3. In the event of a conflict between the Development Design Guidelines and the requirements a Use
Zone Table of the Development Regulations, the Use Zone Table requirements shall take
precedence.
4. Council may require an applicant to include an assessment for compliance with the Development
Design Guidelines as a component of the application. In addition to the site plan information
required with the development application, these may include:
-
Comprehensive Development Site plan, including principal and accessory buildings siting,
parking configuration, unenclosed storage and landscaped areas;
-
Building form details, including facade and design appearance, and building elevation
drawings;
-
Site landscape plan;
-
Signage detail; and,
-
Development design approval process.
9.2
DEVELOPMENT DESIGN SUBMISSION FORMAT
9.2.1
Comprehensive Development Site Plan
The contents of a Comprehensive Development Site Plan must contain the items listed in subsection
2.2.4 and 4.1.4.
9.2.2
Building Design Information
In addition to the information provided in accordance with Site Plan property detail and to address the
Development Design Guidelines, at the discretion of Council, a land development applicant shall provide
in the minimum, in whole or in part, the following building design information on the proposed site
development:
-
The front, rear and building side elevation views of all buildings proposed for the site;
-
Detailed building design articulation elements such as for the front entrance, facades, roof
lines, cornices and window placement and trim, and design attention to the building form
and character to avoid monotony of design, use of blank walls and massing of the building;
-
Building materials and colour schemes;
-
Coordination of design of all buildings on site, and integration with the design character of
the adjacent neighbourhood;
-
Integration of site design elements of landscaping, parking and amenity areas with building
design; and,
-
Town of Marystown Development Regulations 2017-2027
134
9.2.3
Landscape Plan
In addition to the site design information on a proposed site development that is provided, at the
discretion of Council, a land development applicant may provide in a minimum, in whole or in part, the
following landscape plan information on the proposed site development:
-
Landscape plans shall be for the entire site and shall include all proposed new plantings of
hedges, shrubbery, trees, flowering plants, groundcover and grass areas, as well as existing
landscaping, including trees proposed to be retained;
-
Landscape improvements shall include those identified minimum landscape requirements
within the applicable zone category for the proposed use;
-
Landscape plans shall focus on the front and exterior side yard areas to the adjacent streets,
on the front entrance to the principal building and on landscape treatments that
complement the exterior of the principal building;
-
Landscape plans shall additionally provide for screening of unenclosed storage areas, to
minimize offsite glare from vehicle lights from the parking area, to screen rooftop heating,
ventilation and air conditioning systems, and to provide for privacy and separation from
adjacent land uses;
-
All site developments shall provide for landscaping between the asphalt area of the parking
area and the building face;
-
Landscape plans are to include all proposed fences, masonry walls and landscape berms;
and,
9.2.4
Signage Detail
-
In addition to the site design and landscape information provided on a proposed site and
building development, at the discretion of Council, a land development applicant shall
provide, in whole or in part, the following signage detail information on the proposed site
development:
-
Signage shall be complimentary to the overall site, building and landscape design for the
development project;
-
Multi-tenant use of a commercial, industrial or development zone site, shall utilize one
shared sign;
-
Decorative landscape treatment to the base of site signage shall be incorporated with the
landscape plan for the development; and,
-
A statement of rationale of how the proposed signage detail meets the intent of the design
guidelines.
9.2.5
Development Design Approval
-
-
Review and approval consideration by the Authority of a proposal's compliance to the
-
-
Town of Marystown Development Regulations 2017-2027
135
Development Design Guidelines shall be subject to the following conditions:
-
Development Design Approval consideration may occur in conjunction with the Authority's
consideration of a development permit or a rezoning application for the same property;
-
Design approval would be integrated into the development approval;
-
The Development Design Approval shall be valid for a two-year period from the date of Approval by
the Authority;
-
Upon expiration of the development permit, and in the absence of an extension from the Authority,
a new application for Development Design Approval will be required;
-
No Building Permit for a development subject to a Development Design Approval shall be issued
except in compliance to the approved Development Design;
-
All site, building, landscape and signage detail approved by the Authority for the Development
Design shall be adhered to in site construction and development, except for minor changes as
subsequently approved by the Authority; and,
-
A Landscape Letter of Credit to ensure suitable growth and adaptation of the landscape planting
materials as part of the site development may be required by the Authority.
9.3
RESIDENTIAL DEVELOPMENT DESIGN GUIDELINES (except apartment buildings)
9.3.1
Building Design
All single detached residential dwellings and duplex lot houses shall have their principal facade and
entry facing the front lot line and the street;
1. The front facade of the residential house shall not be blank but shall include prominent and
identifiable design articulation building forms and features such as appurtenances, porches,
verandas and stoops so as to promote the home's exterior living space and street orientation to
enhance social interaction and contribute to the ambiance of the neighbourhood;
2. Columns and posts at the front entry shall be spaced no farther apart than they are tall;
3. The front facades of compact and duplex homes should be finished with more than one finish
material, and where more than one material is used, traditionally heavier materials such as stone
and brick shall be located below lighter building materials such as wood, and fibre cement board;
4. Unless designed as a continuous architectural theme, adjacent compact and duplex lot buildings
shall be visually distinct from each other;
-
Town of Marystown Development Regulations 2017-2027
136
-
5. At least two of the following design elements should vary for each adjacent compact and duplex
residential building along a street: (a) building materials; (b) roofline; (c) windows; (d) building
recesses; (e) building setbacks; (f) height; (g) entries; (h) colour; (i) building form; or (j) architectural
details.
6. Use of wood and materials such as hardi-board for building cladding, and incorporation of other
architectural details such as to accent window trim and doorways, and cornices, is encouraged;
7. Use of heritage colours is encouraged;
8. Vinyl siding as building cladding is not encouraged;
9. Blank walls along the side and rear of the home are discouraged (unless required by the National
Building Code) and the side and rear elevations of homes should have design variation;
10. Windows shall be framed with design detail materials, and shall include a sill that is wider than the
window opening;
11. Windows should be oriented to make best use of passive solar;
12. Downspouts should match rain gutters in material and finish, and where feasible all roof drains
should be recharged into the site;
13. Parking shall be provided on-site within garages or within discrete parking areas and to the rear of
residences accessed by a lane, and where parking is to be accommodated at the front of the house,
if unenclosed, the area shall be landscaped, and where parking is to be provided within a garage,
design attention shall include recessing the front of a garage from the house and use of similar
design features and materials as the facade of the house;
Town of Marystown Development Regulations 2017-2027
137
-
14. All buildings should reflect environmentally responsible design and construction practices, and
include consideration of the Energy Star program;
15. All areas of a compact or duplex lot located outside of the building envelope shall be fully
landscaped and maintained with grassed areas, a variety of shrubs, hedges, and flowering plants,
and a minimum of one street tree in the front yard area;
16. Energy efficiency and conservation should be considered in the design of landscaped areas and in
the selection of plantings through:
Retention of existing mature trees and vegetation where feasible;
The use of native and/ or drought resistant plant species;
Designing the landscaping to moderate the effect of the wind, to provide shade in the summer and
to allow daylight into residential dwellings; and,
Allowing natural drainage and permeation throughout the site.
17. Fences, garden walls or hedges should be used along all side lot lines, and lot lines which abut alleys;
and,
18. The front yard area of the lot shall provide for an attractive landscape area and a pleasing
streetscape view.
9.4
MULTI-UNIT/APARTMENT BUILDING DESIGN GUIDELINES
9.4.1
Building Design
1. Design and siting of multi-unit residential buildings shall seek to preserve and maximize views of the
existing neighbourhood, to enhance privacy and liveability of the neighbourhood, to add attractive
residential design to the neighbourhood, and to not overwhelm the character of the
neighbourhood;
2. All multi-unit residential projects, especially those for personal care, shall include provisions for
universal accessibility including power assisted door openers, wide doorways, weather protection
and exterior safety lighting, as well as specific dwelling unit design considerations;
3. Building materials, colour and architectural design of all multi-unit residential projects should
complement the existing neighbourhood character and the natural landscape;
Town of Marystown Development Regulations 2017-2027
138
4. A common architectural theme of building form and character is encouraged to be used throughout
the residential project while emphasizing strong individual dwelling unit identity through smaller
design components;
-
5. The liveability of all new multi-unit residential dwelling units with regard to views and sunlight shall
be considered in the building design through utilization of staggered building elevations, having all
units above grade, and locating landscaped open spaces next to windows and adjacent buildings;
6. All multi-unit residential developments are to face the street, or give the appearance of facing the
street, so as to provide an attractive street front orientation through attention to the building
facade, unique building entrances, landscaping and fence treatment along the street;
7. Multi-unit residential developments adjacent to lower density residential homes shall create a
transition in building mass and form, and where feasible, concentrate density to the centre of the
development site, and locate lower density components of the development adjacent to nearby
lower density residential homes;
8. Buildings that are more than two storeys in height should be set back further than adjacent one and
two storey houses so that the multi-unit residential buildings seem smaller from the street;
9. Clustering of buildings on sites with environmentally sensitive areas or significant natural areas is
encouraged;
10. Small clusters of town home units are a preferred design for town home developments;
11. Town home developments that contain more than three units per structure should provide variation
in building facades to help reduce the visual length of individual buildings, and incorporate design
components such as porch covered and ground level door entries that express strong individual unit
identity so as to avoid significant repetition in adjacent dwelling units;
12. Larger apartment buildings and long rows of building frontages that reflect too much building
massing, shall avoid large expanses of any one building cladding material, and shall incorporate
architectural detail design elements that break up building massing through incorporation of
variation in colour, recesses and articulation such as chimneys, projections and balconies,
strategically placed windows and doors, use of varying building materials, and attention to
appropriate and compatible roof forms to reduce and provide relief to building monotony;
Town of Marystown Development Regulations 2017-2027
139
13. Blank and/or flat building facades on all sides of a multi-unit residential development shall be
avoided through the differentiating design articulation attention to wall lines and texture, use of
protrusions such as bay windows, and innovative use of building materials;
14. Balconies and ground level patios of multi-unit residential buildings shall be designed with initial
attention to the usability of the space by the resident, and secondly to the overall design of the
building to ensure a cohesive attractive building image;
15. Recessed or semi-recessed balconies are preferred over projecting balconies that have the
appearance of being 'tacked on';
16. Adequate storage space should be provided within each multi-unit dwelling or within a common
area of a building so as to avoid 'clutter' of storage on balconies, patio areas and garages;
17. The exposed undersides of balconies and porches that are visible from the street should be covered
with exterior finishes to provide a finished appearance to public view;
18. All proposed flat roofs shall have a prominent articulated cornice treatment;
19. Screening of mechanical equipment, especially mechanical systems sited on rooftops, is encouraged
and, wherever possible, integrated into the architecture of the development;
20. Garage doors as part of a multi-unit residential development should not individually face the street
but rather should be recessed behind the main building facade, grouped in pairs between adjacent
residential units to allow individual unit entrances and facades to achieve more visual prominence
to the street, or have garages sited in a manner that avoids multi-driveway accesses to the adjacent
street;
21. Pedestrian pathways, with adequate lighting and landscaping treatment, are encouraged
throughout multi-unit developments to connect the residential dwelling units with the site parking
areas, and with the sidewalks;
22. Site design elements such as park benches, formal open space courtyards, shade areas and
community gardens are encouraged with multi-unit residential sites;
-
Town of Marystown Development Regulations 2017-2027
140
-
t
23. Fencing for screening purposes should complement the overall site and building design by being in
short lengths, and constructed of materials similar to the building design, or of decorative brick;
24. The size, height, location and design of multi-unit residential project name signs shall be
architecturally integrated into the overall design of the form and character of project buildings; and,
25. Integration of Crime Prevention through Environmental Design (CPTED) principles and design
elements into building form and character considerations is required.
9.4.2
Landscaping
1. Attractive site landscaping that creates visual interest and identity, a pleasing street image, and a
buffer to adjacent land uses, must be incorporated into the design and development of all multi-unit
residential projects;
2. In addition to the landscaping objectives of Regulation 47.3 (18), the intent for multi-unit residential
sites is to maximize the amount of landscaped areas on the site including retention of stands of
mature trees, and to minimize the amount of impervious surfaces so as to increase the natural
absorption of rainwater of the site through consideration of innovative practices such as
incorporating vegetated swales and rain gardens into the parking lot areas to capture and absorb
rainwater runoff;
3. The frontage of new multi-unit residential developments should be entirely landscaped with specific
attention to providing deciduous street tree species and a variety of plant materials and treatments,
some of which should achieve substantial size at maturity, and in creating visual landmarks of hard
and soft landscaping features on significant street corners and at locations of high visibility;
4. All multi-unit residential buildings should have immediately adjacent landscaped areas that include
shrubbery and flowering plants;
5. The use of landscaping pockets of vegetation such as flowering shrubs within a well maintained and
cut grassed area is encouraged throughout the site, and in side yard and perimeter areas of the site,
the use of decorative brick walkways to open space elements such as shade areas, park benches and
formal courtyards is encouraged;
Town of Marystown Development Regulations 2017-2027
141
6. Large continuous open spaces on the site shall be used to serve as a landscaped buffer to adjacent
properties and buildings, and to provide privacy and access to sunlight for residents;
7. In non-apartment multi-unit development sites, each dwelling unit shall be provided with its own
private open space, and landscape attention to the site shall delineate private open space from the
more public open space areas;
8. Use of attractive fencing materials, including decorative masonry walls, shall be complimented by
landscaping treatment at the base, but long monotonous lengths of fencing are not encouraged;
and,
9. Where on site community vegetable gardens are to be provided to residents, water from rooftop
runoff and downspouts should be redirected into rain barrels for later irrigation use, or directly into
vegetated areas.
9.4.3
Parking Area Design
1. Successful site design of multi-unit residential projects extends to blending the parking areas of
higher density residential developments into the overall site goals for form and character. For
apartment residential developments, wherever feasible, automobile parking is encouraged to sited
underground, and where parking for multi-unit residential projects is not underground, surface
paved parking areas will require design attention;
2. Surface parking areas shall not be located within the building setback areas for the site, and they
should be visually screened as much as possible from streetscape and frontage view through the use
of landscape hedges, raised landscape berms, sloped grassed or flower bed areas, or by design
elements such as decorative and brick fences;
3. Access to parking areas should occur from a rear lane whenever possible, and where access is to
originate from a street, the number of site access and egress locations shall be minimized to
maintain the streetscape appearance of the development, and to minimize disruption to pedestrian
movement on the sidewalks adjacent to the street;
4. 'Viewing aisles' into the development and into the parking areas to maintain site safety should be
integrated into site screening considerations;
5. Multi-unit residential developments with large parking requirements shall break up the surface
parking locations into several smaller parking nodes, and connect the parking nodes with internal
shared driveways;
-
Town of Marystown Development Regulations 2017-2027
142
-
6. Town home and similar multi-unit residential projects shall not create individual driveway access to
the street for each dwelling unit but through site design layout, shall coordinate the site parking to
provide for a minimum number of accesses to the street;
7. The use of alternative construction materials to asphalt such as paving stones, brick or aggregate
concrete is encouraged to complement the overall landscape design of the site; and,
8. Pedestrian pathways that are clearly articulated and landscaped are encouraged to be provided to
safely connect the multi-unit residential buildings with the site's parking areas, and to the sidewalks
of the abutting streets.
9. Provision for bicycle parking and storage shall also be addressed.
-
9.4.4 Signage
1. The size, height and design of multi-unit project name signs shall be architecturally integrated into
the overall design of the site buildings and landscaping; and,
2. Refuse collection containers and recycling storage areas are encouraged to be sited within buildings,
underground or in the minimum, fully enclosed with attractive fencing and roofing, if necessary, that
complements the principal building materials, or screened to an adequate height by similar
landscape treatment.
Town of Marystown Development Regulations 2017-2027
143
9.5
COMMERCIAL DEVELOMENT DESIGN GUIDELINES
-
While it is acknowledged that existing commercial developments in the community have limited or no
consistent building and landscape design pattern, new commercial development is intended to be
coordinated with regard to building siting, form and character by encouraging a more aesthetically
attractive and appealing streetscape and site appearance;
9.5.1
Building Design
1. Building form and character must include designing new buildings that are pleasant to look at, by
providing for design attention and variation to the storefront facade, roof lines, exterior finish,
colours and materials, and limiting the size and massing of buildings. Flat roof lines, blank expanses
of exterior walls, buildings that appear to be temporary structures and asphalt paving that abuts the
building face are commercial construction practices that are not encouraged;
2. The streetscape created by new building forms should complement each other and those existing
buildings on adjacent sites, thereby avoiding monotony, but creating a positive visual effect;
3. Exterior finishes of new commercial buildings should be wood, brick, finished and textured concrete,
natural stone or other materials of warm appearance. Substantial areas of unfinished concrete or
metal cladding should be avoided;
4. Significant corners of new commercial buildings should be given added design emphasis with
vertical architectural features and roof cornice elements;
5. Where a commercial building or development is located at a street intersection, the building design
appearance shall be orientated to have the building 'front' all the adjacent streets;
6. New building development should be sited to have the building frontage on the main street
alignment;
7. Buildings should be designed and located on a site to minimize impacts to adjacent land uses such as
residential, to preserve views, to retain mature trees, to setback from any environmentally sensitive
areas and retain natural vegetation, and to accommodate the natural grades of the site as much as
possible to ensure that minimal site grading is required;
8. New commercial developments are encouraged to site closer to the front lot line and provide for
attractive storefront design through facade attention, articulated window design and prominent
store entry locations, and for enhanced pedestrian elements such as widened walkways and rest
benches and overhead weather protection, and planting of deciduous street trees;
9. Large lot commercial developments shall provide for site development of buildings that are
coordinated with each other, and are connected by pedestrian sidewalk linkages and incorporation
of public spaces for open space amenity areas, public art, and shade areas with rest benches;
10. Attractive storefront facade and use of murals depicting the community's history, as approved by
Council, on exterior building walls are encouraged;
11. Commercial developments will involve the siting and design of buildings to respect the residential
character of the neighbourhood through a smaller commercial scale of buildings, to provide for a
design theme that is compatible with the neighbourhood, significant site landscaping to provide for
an effective transition from residential to commercial land uses and attention to parking area design
to prevent lighting glare spilling over to residential areas;
Town of Marystown Development Regulations 2017-2027
144
-
12. Commercial growth through new building development and building renovation will be encouraged
to consider the historic elements and character of downtown commercial cores and integrate this
existing character with new design concepts through significant attention on the ground level
storefront facade width and height, storefront window patterns and placement, storefront
entrances, pedestrian weather protection, colours and materials, and to the building design
treatment of the second storey, to the roof lines and to the building sides to avoid massing, to
lighting for the building and signage;
13. For the Commercial/Industrial Development Scheme Area, development shall be part of an overall
design concept plan for the area, and shall include site design that incorporates significant open
space amenities and encourages building design that makes extensive use of wood timbers and local
materials;
14. All new Commercial building developments shall consider and provide for an attractive streetscape
view in conjunction with significant site landscaping, and convenient, well-lit and safe pedestrian
access from the parking area to the principal building;
15. All new commercial buildings shall also be designed from the perspective of universal access for
disabled and other persons and provide for multiple curb let downs, power assisted door openers,
weather protection and other design elements;
16. Screening of mechanical equipment, especially mechanical systems sited on rooftops, is encouraged
and, wherever possible, integrated into the architecture of the development; and,
17. Integration of Crime Prevention through Environmental Design (CPTED) principles and design
elements into building form and character considerations is required in the design of all new and all
significantly renovated commercial developments.
9.5.2
Landscaping
Attractive and substantial site landscaping that creates visual interest and identity, a pleasing street and
pedestrian image, acts a buffer to adjacent land uses, screens parking and paved areas of the site, and
emphasizes the natural environment character of Marystown, must be incorporated into the design and
development of all commercial development projects;
1. In addition to the landscaping objectives of Regulation 47.3 (18), the intent for commercial
development sites is to maximize the amount of landscaped areas on the site including retention of
stands of mature trees, and to minimize the amount of impervious surfaces so as to increase the
natural absorption of rainwater of the site through consideration of innovative practices such as
incorporating oil-water separators in the catch basins of parking lot drains to cleanse parking lot
runoff waters before they enter watercourses;
2. The frontage of new commercial developments, and other lot areas adjacent to a street, should be
entirely landscaped with a minimum 3.0m (9.8ft) wide landscape boulevard to serve as the primary
buffer area between the adjacent street and the paved area of the site, with specific attention to
providing within the landscape boulevard area, deciduous street tree species and a variety of plant
materials and treatments, some of which should achieve substantial size at maturity, and in creating
visual landmarks of hard and soft landscaping features on significant street corners and at locations
of high visibility;
Town of Marystown Development Regulations 2017-2027
145
3. Street trees on a commercial site should be a minimum of 1.8m (5.9ft) in height at time of planting,
and planted at a ratio of one tree for every three parking spaces on site;
4. Use of hedges, floral displays, lawns with park benches, brickwork fences, shade areas and
ornamental lights is also encouraged to be included in the site landscape plan;
5. On large sites such as for shopping centre developments, landscaping is to also consider the
provision of public art or features such as water fountains and outside landscaped amenity,
courtyard or plaza areas;
6. Unenclosed storage areas are to be sited to the rear of buildings and screened by landscaping or
well-maintained fencing;
7. Large parking areas shall incorporate landscape features to create separated clusters of parking
spaces and enable safe pedestrian circulation; and,
8. A Landscape Letter of Credit may be required by the Authority from the Development Design
applicant to ensure successful planting of landscape material and ongoing maintenance for a
minimum two-year period.
9.5.3
Parking Area Design
1. Since commercial site parking areas will be highly visible from adjacent streets, and the
development design objective is to 'soften' the hard appearance of parking lot areas, surface
parking lots shall be screened as much as possible from streetscape view by use of landscape
hedges, grassed and raised landscape berms, and in specific locations, by attractive good-quality
fencing;
2. No asphalt paving of a parking area shall directly abut a building face but rather an interface
landscape area shall be planted between the car stops of the parking lot and the side of the building;
3. Large parking areas for commercial sites shall be encouraged to be broken up through the use of
internal site landscaping islands that are curbed and planted with trees, raised pedestrian walkways
and rest bench areas, and connective vehicle maneuvering aisles;
4. Commercial buildings should be strategically located on development sites to ensure safe pedestrian
movement from the surface parking areas by initiatives such as maintaining clear public walking
access to the entrance of commercial storefronts;
5. Short term bicycle parking facilities such as bike racks, should be sited in well-lit locations close to
building entrances;
6. Loading and service areas shall be located to the rear and side of commercial buildings, removed
from the main site parking areas and all pedestrian movements;
7. Parking areas shall be designed to support and assist disabled persons, and all disabled parking
spaces shall be located close to the building entrance;
8. All surface parking spaces shall be clearly marked and painted with white parking space lines, and
where 'small car parking spaces' are to be used, 'small cars' shall be clearly painted on the parking
spaces;
9. The amount of asphalt surfaces on commercial parking lots is encouraged to be minimized through
consideration of use of more permeable surface treatments such as decorative pavers and bricks;
and,
-
Town of Marystown Development Regulations 2017-2027
146
- 10. Lighting for commercial parking lots shall not 'spill-over' and create glare on adjacent properties.
9.5.4
Signage and other design considerations
1. The size, height and design of commercial development name signs shall be architecturally
integrated into the overall design of the site, and be generally limited to one sign per site, or on the
basis of overall site frontage for large commercial developments; and,
2. Refuse collection containers and recycling storage areas are encouraged to be sited within buildings,
or in the minimum, fully enclosed with attractive fencing and roofing, if necessary, that
complements the principal building materials, or screened to an adequate height by similar
landscape treatment.
9.6
INDUSTRIAL DEVELOPMENT DESIGN GUIDELINES
9.6.1
Site Design
1. Industrial sites are to be designed in a manner to reflect an appealing public appearance by being
sited as close to the adjacent street as possible, accentuated with an attractive front of building
orientation to the street and complimented with well-maintained site landscaping;
2. Overall site planning and development should address the entire property, and any environmentally
sensitive areas should be identified, fenced and preserved;
3. Open space areas shall be created wherever possible on an industrial site, particularly within
setback areas, and for employee amenity areas;
4. Site landscaping is to assume a greater role in overall site design and site layout so as to achieve
goals of creating permeable areas for site drainage, and to generally 'green' the site to reflect the
natural setting of the community;
5. Wherever achievable, new developments are encouraged to incorporate Low Impact Development
(LID) techniques such as rain gardens, vegetated swales, separation of impervious surfaces, and/ or
redirecting water from drain pipes into rain barrels and other systems for watering site landscaping;
6. Lighting of parking and outside work areas shall not illuminate adjacent or nearby properties to an
intensity greater than existing street lights adjacent to nearby impacted sites;
7. Exterior site storage is encouraged to be minimized, and where present located away from public
view as much as possible, and where necessary enclosed by an opaque or translucent screen, raised
landscape berms, trees and substantial site landscaping;
8. Refuse collection and recycling areas are to be completely screened by landscaped vegetation or by
fencing material that compliments the building design;
9. Loading areas are encouraged to be located to the rear or side of a building where a building facade
does not face a street, and designed in keeping with the appearance of the principal building; and,
10. Signage is to be coordinated with the overall design of the site and landscaping.
9.6.2
Building Design
1. Buildings within the IL zone are to be designed to create an appealing visual relationship between
buildings and streetscape;
Town of Marystown Development Regulations 2017-2027
147
2. Design detail for all new industrial buildings will be encouraged to consider the proposed building's
bulk and size, and its height and massing in relation to neighbourhood area, and what building
materials are to be used, and what level of landscape improvements are to be made to the building
setback areas and parking locations, and additionally consider:
-
-
Orientating the building to the street to present an attractive public 'face' for the industrial
operation;
-
Locating the office component of a new building to the front of the building and using materials
such as glazing to highlight the building front;
-
Differentiating one face of the building from another by utilizing different architectural
features, colours and materials;
-
Ensuring individual unit identity to units in multi-tenant buildings; and,
-
Providing for finished treatment of open space on the site through attractive and well-
maintained landscaping.
3. Developments should address the impact and visual exposure of building roof appearance by
varying the design of the roof line, and considering all roof top equipment, stacks, roof vents, and
mechanical systems as part of the overall building design, and group and screen as much as possible;
4. No exposed surfaces of buildings are encouraged to be finished with metal cladding or unpainted
concrete blocks in the IL zone; and,
5. Manufactured mobile structures are not deemed as an appropriate building form in any industrial
zone.
9.6.3
Landscaping
1. Attractive and substantial site landscaping that creates visual interest and identity, a pleasing street
and pedestrian image, acts a buffer to adjacent land uses, screens parking and paved areas of the
site, and emphasizes the natural environment character of Grand Falls-Windsor, must be
incorporated into the design and development of all industrial development projects;
2. The overall landscaping intent for industrial development sites is to maximize the amount of
landscaped areas on the site including retention of stands of mature trees, and to minimize the
amount of impervious surfaces so as to increase the natural absorption of rainwater of the site
through consideration of innovative practices such as incorporating oil-water separators in the catch
basins of parking lot drains to cleanse parking lot runoff waters before they enter watercourses;
3. The frontage and streetscape sides of new industrial developments in the IL zone should be
landscaped with a minimum 3.0m (9.8ft) wide landscape boulevard to serve as the primary buffer
area between the adjacent street and the building area of the site, with specific attention to
providing within the landscape boulevard area, deciduous street tree species and a variety of plant
materials and treatments, some of which should achieve substantial size at maturity, and in creating
visual landmarks of hard and soft landscaping features on significant street corners and at locations
of high visibility;
Town of Marystown Development Regulations 2017-2027
148
-
4. Street trees on an industrial site should be a minimum of 1.8m (5.9ft) in height at time of planting,
and planted at a ratio of one tree for every four parking spaces on the perimeter of the site;
5. Use of hedges, floral displays, lawns with park benches, brickwork fences, shade areas and
ornamental lights is also encouraged to be included in the front building area and employee amenity
areas;
6. Wherever possible, use of raised landscape berms to screen parking and storage areas of a site is
encouraged; and,
7. The overall industrial development is encouraged to maximize the positive impact of finished open
space.
9.6.4
Parking Area Design
1. Employee parking areas and loading bays are not to be located within the setback area between the
building and the street;
2. Since industrial site parking areas will be highly visible from adjacent streets in the IL zone, and the
development design objective is to 'soften' the hard appearance of parking lot areas, surface
parking lots shall be screened as much as possible from streetscape view by use of landscape
hedges, grassed and raised landscape berms, and in specific locations, by attractive good-quality
fencing;
3. No asphalt paving of a parking area shall directly abut a building face but rather an interface
landscape area shall be planted between the car stops of the parking lot and the side of the building;
4. Parking lot area and loading bay access locations to the street shall be minimized;
5. Parking areas shall be designed to support and assist disabled persons, and all disabled parking
spaces shall be located close to the building entrance;
6. All surface parking spaces shall be clearly marked and painted with white parking space lines, and
where 'small car parking spaces' are to be used, 'small cars' shall be clearly painted on the parking
spaces; and,
7. Short term bicycle parking facilities for employees such as bike racks, should be sited in well lighted
locations close to building and workplace entrances.
9.7 GREEN APPROACHES TO STORMWATER MANAGEMENT
Land Conservation: Land conservation is another good tool for communities to use for reducing the
risks of storm water runoff and sewer overflows. The water quality and flooding impacts of urban storm
water also can be addressed by protecting open spaces and sensitive natural areas within and adjacent
to a city while providing recreational opportunities for city residents. Natural areas that should be a
focus of this effort include riparian areas, wetlands, and steep hillsides.
Bioswales: Bioswales are essentially rain gardens placed in long narrow spaces such as the space
between the sidewalk and the curb. Bioswales are vegetated, mulched, or xeriscaped channels that
provide treatment and retention as they move storm water from one place to another. Vegetated
swales slow, infiltrate, and filter storm water flows. As linear features, they are particularly well suited
to being placed along streets and parking lots.
Town of Marystown Development Regulations 2017-2027
149
-
Planter Boxes: Planter boxes are an attractive tool for filtering storm water as well as reducing the
runoff that goes into a sewer system. Planter boxes are urban rain gardens with vertical walls and either
open or closed bottoms. They collect and absorb runoff from sidewalks, parking lots, and streets and are
ideal for space-limited sites in dense urban areas and as a streetscaping element.
Permeable Pavements: Permeable pavement is a good example of a practice that catches water where
it falls. Permeable pavements infiltrate, treat, and/or store rainwater where it falls. They can be made of
pervious concrete, porous asphalt, or permeable interlocking pavers. This practice could be particularly
cost effective where land values are high and flooding or icing is a problem.
Green Streets and Alleys: Green streets combine more than one feature to capture and treat storm
water. Green streets and alleys are created by integrating green infrastructure elements into their
design to store, infiltrate, and evapo-transpire storm water. Permeable pavement, bioswales, planter
boxes, and trees are among the elements that can be woven into street or alley design.
Green Parking: Parking lots are a good place to install green infrastructure that can capture storm
water that would usually flow into the sewer system. Many green infrastructure elements can be
seamlessly integrated into parking lot designs. Permeable pavements can be installed in sections of a lot
and rain gardens and bioswales can be included in medians and along the parking lot perimeter. Benefits
include mitigating the urban heat island and a more walkable built environment.
Urban Tree Canopy: City trees, or tree canopy, soak up storm water, provide cooling shade and help to
slow traffic. Trees reduce and slow storm water by intercepting precipitation in their leaves and
branches. Many cities have set tree canopy goals to restore some of the benefits of trees that were lost
when the areas were developed. Homeowners, businesses, and community groups can participate in
planting and maintaining trees throughout the urban environment.
Town of Marystown Development Regulations 2017-2027
150
Downspout Disconnection: Water from the roof flows from this disconnected downspout into the
ground through a filter of pebbles. This simple practice reroutes rooftop drainage pipes from draining
rainwater into the storm sewer to draining it into rain barrels, cisterns, or permeable areas. You can use
it to store storm water and/or allow storm water to infiltrate into the soil. Downspout disconnection
could be especially beneficial to cities with combined sewer systems.
-
Rainwater Harvesting: This rainwater harvesting system is adapted to the architecture of the building
and its surroundings.
Rainwater harvesting systems collect and store rainfall for later use. When designed appropriately, they
slow and reduce runoff and provide a source of water. This practice could be particularly valuable in arid
regions, where it could reduce demands on increasingly limited water supplies.
Rain Gardens: A rain garden can be beautiful as well as functional. Rain gardens are versatile features
that can be installed in almost any unpaved space. Also known as bioretention, or bio-infiltration, cells,
they are shallow, vegetated basins that collect and absorb runoff from rooftops, sidewalks, and streets.
This practice mimics natural hydrology by infiltrating and evaporating and transpiring--or "evapo-
transpiring"--storm water runoff.
Town of Marystown Development Regulations 2017-2027
151
APPENDICES
-
Town of Marystown Development Regulations 2017-2027
152
-
APPENDIX 1: PLANNING DEFINITIONS
Introduction
This section contains definitions of the technical terms used in the Integrated Community Sustainability
Municipal Plan and Development Regulations in order to ensure that they are correctly interpreted.
Terms and words in this regulation which are defined in the Urban and Rural Planning Act, 2000 and
Development Regulations, 2000, have the meaning expressed in that Act and cannot be amended by the
Council; these are identified by a logo, as noted below:
Newtottland
Labrador
= Definitions from the Urban and Rural Planning Act, 2000 (the Act);
these cannot be amended by Council; and,
= Definitions from the Minister's Development Regulations under the Urban and
Rural Planning Act, 2000; these cannot be amended by Council.
-
Words and phrases used in these Regulations shall otherwise have the meanings as set out in the
following definitions; these can be amended by the Council; these can be identified by the absence of a
logo. Any other terms and words have the meaning as generally understood in the English
languageAdditional definitions have been provided for interpretive guidance and.
Definitions
ACCESS
means a way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street;
ACT
unless the context indicate otherwise, means the Urban and Rural Planning Act, 2000;
ADJACENT LAND means land that is contiguous to, physically touching or shares a boundary with, the
parcel of land that is the subject of an application and includes land that would be contiguous if not for a
highway, road, river or stream.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT
means a person who has applied to an authority for an approval or permit to carry out a
development;
AUTHORITY
means a council, authorized administrator or regional authority;
-
BUILDING
means
Town of Marystown Development Regulations 2017-2027
153
(i) a structure, erection, alteration or improvement placed on, over or under land or attached, anchored
or moored to land,
-
(ii) mobile structures, vehicles and marine vessels industrial and other similar uses,
(iii) a part of and fixtures on buildings referred to in subparagraphs (i) and (ii), and
(iv) an excavation of land whether or not that excavation is associated with the intended or actual
construction of a building or thing referred to in subparagraphs (i) to (iii);
BUILDING HEIGHT
7 means the vertical distance, measured in metres from the established grade to
the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(ii) 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;
H
H = HEIGHT OF BUILDING
H
Town of Marystown Development Regulations 2017-2027
154
A
-
building line
front lot line
side lot line
-
BUILDING LINE
7 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;
rear lot line
e+i
k
T.,
BUILDING CONTROL LINE
1.
1... means a conceptual line paralleling the centre line of a Protected
Road at a distance perpendicular to the road in order to delineate the area for the application of these
regulations; a Protected Road is a road designated under the Protected Road Zoning Regulations, 1996
under the Urban and Rural Planning Act, 2000;
r4,144114fflui
BOARD
LAt.k.
except in Part IX, means an appeal board established under section 40;
COUNCIL
-11 means a council as defined in the City of Corner Brook Act, City of Mount Pearl
Act, Municipalities Act, 1999 and the city council as defined in the City of St. John's Act;
COURT -4acir unless the context indicates otherwise, means the Trial Division;
DECK means a raised structure that has a walking surface within one storey of the established grade at
the ground level of that face of the building, which may or may not be attached to a main building,
which does not have a permanent roof.
DEPARTMENT
means the department presided over by the minister responsible for the Urban
and Rural Planning Act (the Act);
DEVELOPMENT
means the carrying out of building, engineering, mining or other operations in,
on, over or under land, or the making of a material change in the use, or the intensity of use of land,
buildings or premises and the:
(i) making of an access onto a highway, road or way,
(ii) erection of an advertisement or sign,
side lot hne
Town of Marystown Development Regulations 2017-2027
155
(iii) construction of a building,
-
(iv) parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an office, or
for living accommodation, and excludes the
(v) carrying out of works for the maintenance, improvement or other alteration of a 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,
(vi) carrying out by a highway authority of works required for the maintenance or improvement of a
road, being works carried out on land within the boundaries of the road reservation,
(vii) carrying out by a local authority or statutory undertakers of works for the purpose of inspecting,
repairing or renewing sewers, mains, pipes, cables or other apparatus, including the breaking open of
street or other land for that purpose, and
(viii) use of a building or land within the courtyard of a dwelling house for a purpose incidental to the
enjoyment of the dwelling house as a dwelling;
DEVELOPMENT REGULATIONS
means these regulations and regulations and by-laws respecting
development that have been enacted by the relevant authority; and development regulations
means regulations made under sections 34 to 38;
DISCRETIONARY USE - .7- means a use that is listed within the discretionary use classes established in
the use zone tables of an authority's development regulations;
DWELLING UNIT: means a self-contained unit consisting of one or more habitable rooms used or
designed as an independent and separate housekeeping establishment or living quarters for one
household, including kitchen and sitting, sleeping and sanitary facilities, which is used permanently or
semi-permanently; and does not include a coach or rail car, mobile home, or any vehicle.
ESTABLISHED GRADE -7 means,
(i) where used in reference to a building, the average elevation of the finished surface of the ground
where it meets the exterior or the front of that building exclusive of any artificial embankment or
entrenchment, or
(ii) where used in reference to a structure that is not a building, the average elevation of the finished
grade of the ground immediately surrounding the structure, exclusive of any artificial embankment or
entrenchment;
Town of Marystown Development Regulations 2017-2027
156
-
Established Grade
4-f-
-
FLOOR AREA - -7 means the total area of all floors in a building measured to the outside face of
exterior walls;
FRONTAGE means the horizontal distance between side lot lines measured at the building line;
Lot Frontage and Lot Width
\ FRONT
I
\ SETBACK LINE
\
eX
4' STREET
ROW LINE
STREET
STREET ROW LINE
FRONTAGE
1.
SETtif. LINE
/
I LOT WIDTH
\
I
\
LAND
includes land covered by water and buildings and structures on, over, under the soil and
fixtures that form part of those buildings and structures;
LOT
7 means a plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building;
LOT AREA
7 means the total horizontal area within the lines of the lot;
LOT COVERAGE
7 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;
MINISTER
means the minister appointed under the Executive Council Act to administer this Act;
Town of Marystown Development Regulations 2017-2027
157
MUNICIPALITY
includes a city incorporated under the City of Corner Brook Act, City of Mount
Pearl Act and the City of St. John's Act and a municipality as defined in the Municipalities Act, 1999;
NON-CONFORMING USE
7 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;
NUISANCE means anything that is obnoxious, offensive or interferes with the use or enjoyment of
property, endangers personal health or safety, or is offensive to the senses. This could include that
which creates or is liable to create a nuisance through emission of noise, smoke, dust, odour, heat, light,
fumes, fire or explosive hazard; results in the unsightly or unsafe storage of goods, salvage, junk, waste
or other materials; poses a hazard to health and safety; or adversely affects the amenities of the
neighbourhood or interferes with the rights of neighbours to the normal use and enjoyment of any land
or building;
OWNER
7 means a person or an organization of persons owning or having the legal right to use the
land under consideration;
PERMITTED USE
-7 means a use that is listed within the permitted use classes set out in the use zone
tables of an authority's development regulations;
PLAN,
unless the context indicates otherwise, means a regional plan and a municipal plan
established under section 8 or 10; (regional plan or municipal plan);
PLANNING AREA
, unless the context indicates otherwise, means a regional planning area and a
municipal planning area established under sections 6 and 11;
PROHIBITED USE
~7 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;
RECREATION VEHICLE OR RECREATIONAL TRAILER means a vehicle or portable structure designed to
provide temporary living accommodation which is either self-propelled or mounted on, or pulled by
another vehicle, and includes a travel/holiday trailer, camper trailer, truck camper, motorhome, fifth
wheel trailer, tent trailer, travel trailer, camper van or recreational trailer or other similar vehicle, but
not a mobile home or mini-home. A converted bus is not a recreation vehicle;
REGION
means a region as defined in the Municipalities Act, 1999;
REGIONAL AUTHORITY
means a regional authority established under section 7 of the Act;
scheme means a scheme established under section 29 of the Act;
SIGN
7 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
Town of Marystown Development Regulations 2017-2027
158
-
or direction and excludes those things employed wholly as a memorial, advertisements of local
government, utilities and boarding or similar structures used for the display of advertisements;
STREET - means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles;
STREET LINE
7 means the edge of a street reservation as defined by the authority having jurisdiction;
SUBDIVISION
means the dividing of land, whether in single or joint ownership into 2 or more
pieces for the purpose of development;
TOWN
means a town as defined in the Municipalities Act, 1999;
USE -: means a building or activity situated on a lot or a development permitted on a lot;
USE ZONE OR ZONE -7 means an area of land including buildings and water designated on the zoning
map to which the uses, standards and conditions of a particular use zone table apply;
VARIANCE
means a departure, to a maximum of 10% from the yard, area, lot coverage, setback,
size, height, frontage or any other numeric requirement of the applicable Use Zone Table of the
authority's regulations;
YARDS -- (sometimes called lot lines) refer to the diagram below for an illustration of the following
definitions:
FRONT YARD DEPTH otherwise called the building line or front yard setback, means setback from the
street that the building is fronting on, shown as the front yard setback in the drawing below; note that
the development controls indicate side yard and rear yard setbacks from the boundaries of the
property;
REAR YARD DEPTH -7 means the distance between the rear lot line and the rear wall of the main
building on a lot;
SIDE YARD DEPTH means the distance between the side lot line and the nearest side wall of a
building on the lot;
Town of Marystown Development Regulations 2017-2027
159
Side yard
setback
. --Y.
Foundation
Lune
-
- IM11---- - - IIMI=MB - - IM-11=1 - -
Side yard setback
Lot Lines
-
Driveway
Front Yard
Setback
Rear Yard
Setback
-
-
- -
- - II-MO.
ZONING MAP
means the map or maps attached to and forming a part of the authority's
regulations.
Town of Marystown Development Regulations 2017-2027
160
APPENDIX 2: MINISTER'S DEVELOPMENT REGULATIONS
-
UNDER THE URBAN AND RURAL PLANNING ACT, 2000
-
Town of Marystown Development Regulations 2017-2027
161
This is an official version. -
Copyright © 2006: Queens Printer,
St. John's, Newfoundland and Labrador, Canada
Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)
Table of Regulations
Main Site
How current is this regulation?
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. Johns, January 2, 2001.
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
Town of Marystown Development Regulations 2017-2027
162
-
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
Short title
1. These regulations may be cited as the Development Regulations.
Back to Top
Definitions
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000;
(b) "applicant" means a person who has applied to an authority for an approval or permit to
carry out a development;
(c) "authority" means a council, authorized administrator or regional authority; and
(d) "development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
Back to Top
Application
3. (1) These regulations shall be included in the development regulations of an authority and
shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations or other
regulations of an authority, these regulations shall apply.
Town of Marystown Development Regulations 2017-2027
163
(3) Where another Act of the province provides a right of appeal to the board, these -
regulations shall apply to that appeal.
Back to Top
Interpretation
4. (1) In development regulations and other regulations made with respect to a planning area the
following terms shall have the meanings indicated in this section
(a) "access" means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
(c) "accessory use" means a use that is subsidiary to a permitted or discretionary use and that
is customarily expected to occur with the permitted or discretionary use;
(d) "building height" means the vertical distance, measured in metres from the established
grade to the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof;
(e) "building line" means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that a building may be placed;
(0 "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
Town of Marystown Development Regulations 2017-2027
164
-
(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) "permitted use" means a use that is listed within the permitted use classes set out in the
use zone tables of an authority's development regulations;
(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;
Town of Marystown Development Regulations 2017-2027
165
(w) "use zone" or "zone" means an area of land including buildings and water designated on -
the zoning map to which the uses, standards and conditions of a particular use zone table
apply;
(x) "variance" means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use
Zone Table of the authority's regulations; and
(y) "zoning map" means the map or maps attached to and forming a part of the authority's
regulations.
(2) An authority may, in its discretion, determine 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.
Back to Top
Notice of right to appeal
5. Where an authority makes a decision that may be appealed under section 42 of the Act, that
authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the
(a) persons 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.
Back to Top
Appeal requirements
6. (1) The secretary of the board at the Department of Municipal and Provincial Affairs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. Johns, Nfld., AlB 4J6 is the
secretary to all boards in the province and an appeal filed with that secretary within the time period
referred to in subsection 42(4) of the Act shall be considered to have been filed with the appropriate
board.
(2) Notwithstanding subsection (1), where the City of Corner Brook, City of Mount Pearl or
City of St. Johns appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed
with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the 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.
(4) The board that hears the decision being appealed shall, subject to subsection 44(3) of the
Act, retain the fee paid to the board.
Town of Marystown Development Regulations 2017-2027
166
-
(5) Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
Back to Top
Appeal registration
7. (1) Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 6(1) and (2), shall immediately register the appeal.
(2) Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
(3) Where an authority has been notified of an appeal that authority shall forward to the
appropriate board a copy of the application being appealed, all correspondence, council minutes,
plans and other relevant information relating to the appeal including the names and addresses of the
applicant and other interested persons of whom the 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.
Back to Top
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 (1).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, an authority shall not carry out work related to the matter being
appealed.
Back to Top
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.
Back to Top
Hearing of evidence
Town of Marystown Development Regulations 2017-2027
167
10. (1) A board shall meet at a place within the area under its jurisdiction and the appellant and o
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 report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as evidence
directly provided at the hearing of the board.
(4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
Back to Top
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.
Back to Top
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 10%.
(3) An authority shall not permit a variance from development standards where the proposed
development would increase the non-conformity of an existing development.
Back to Top
Notice of variance
13. Where an authority is to consider a proposed variance, that authority shall give written notice
of the proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
Back to Top
Residential non-conformity
14. A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where
being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
Town of Marystown Development Regulations 2017-2027
168
-
Back to Tor
Notice and hearings on change of use
15. Where considering a non-conforming building, structure or development under paragraph
108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming
building, structure or development, an authority, at the applicants 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.
Back to Top
Non-conformance with standards
16. Where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not be expanded if
the expansion would increase the non-conformity and an expansion must comply with the
development standards applicable to that building, structure or development.
Back to Top
Discontinuance of non-conforming use
17. An authority may make development regulations providing for a greater period of time than
is provided under subsection 108(2) of the Act with respect to the time by which a discontinued non-
conforming use may resume operation.
Back to Top
Delegation of powers
18. An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
Back to Top
Commencement
19. These regulations shall be considered to have come into force on January 1, 2001.
©Earl G. Tucker, Queen's Printer
Town of Marystown Development Regulations 2017-2027
169
APPENDIX 3: LAND USE ZONING MAPS
-
Town of Marystown Development Regulations 2017-2027
170