Development Regulations — Town of Massey Drive — full text

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Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 TOWN OF MASSEY DRIVE LAND USE ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS DEVELOPMENT REGULATIONS 2017 -- 2027 AS APPROVED 2$ SEPTEMBER 2017 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 Page left blank to correspond to dotible sided printing 11 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 TABLE OF CONTENTS Page RESOLUTIONS TO ADOPT AND APPROVE ix & xi AND PLANNER'S CERTIFICATE xiii SECTION A NEWFOUNDLAND REGULATION 3/01, MADE BY MINISTER OF MUNICIPAL AND PROVINCiAL AFFAIRS, 2 JANUARY, 2001 1 SECTION B LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS APPLICATION 1. Short Title 11 2. Interpretation 11 3. ComlrLencement 11 4. Municipal Code and Regulations 11 5. Authority 11 PART I - GENERAL REGULATIONS 6. Compliance With Regulations 12 7. Permit Required 12 Ut Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 8. Permit to be Issued 13 9. Permit Not to be Issued in Certain Cases 13 10. Discretionary Powers of Authority 14 11. Variances 14 12. Notice of Variance 14 13. Service Levy 15 14. Financial Guarantees by Developer 15 15. Dedication of Land for Public Use 16 16. Reinstatement of Land 16 17. Form of Application 16 18. Register of Application 16 19. Deferment of Application 16 20. Approval in Principle 17 21. Development Permit 17 22. Reasons for Refusing Permit 18 23. Notice of Right to Appeal 18 24. Appeal Requirements 19 25. Appeal Registration 19 26. Development Prohibited 20 27. Appeal Board 20 28. Appeals 20 29. Hearing Notice and Meetings 21 30. Hearing of Evidence 22 31. Return of Appeal Fee 22 32. Notice of Application 22 33. Right of Entry 23 34. Record of Violations 23 iv Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 35. Stop Work Order and Prosecution 23 36 Delegation of Powers 23 PART II- GENERAL DEVELOPMENT STANDARDS 37. Accesses and Service Streets 24 38. Accessory Buildings and Uses 24 39. Advertisements 24 40. Buffer Strips for Industrial Uses and Public Trails 25 41. Building Height 25 42. Building Line and Setback 25 43. Family and Group Care Centres 25 44. Height Exceptions 26 45. Livestock Structures and Uses 26 46. Archaeological Resources 26 47. Lot Area and Size Exceptions 26 48. Lot Frontage 27 49. Non-Conforming Use 27 50. Offensive and Dangerous Uses 28 51. Hazards to Building 28 52. Off-Street Parking and Loading Requirements 29 53. Parks and Playgrounds,and Conservation Uses 30 54. Screening and Landscaping 31 55. Services and Public Utilities 31 56. Service Stations 31 57. Structures in Side Yards 31 58. Removal of Quarry Materials 33 V Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 59. Subsidiary Apartments Lot Areas and Yards 33 60. Unsubdivided Land 33 61. Zero Lot Line and Other Comprehensive Development; Flag Lot Exemption 33 PART III - ADVERTISEMENTS 62. Permit Required 35 63. Advertisements Relating to Offsite Uses or Non-specific Uses 35 64. Advertisements Prohibited in Street Reservation 35 65. Permit Valid for Limited Period 35 66. Removal of Advertisements 35 67. Advertisements Exempt from Control 36 68. Approval Subject to Conditions 36 69. Non-Conforming Uses 36 PART IV - SUBDIVISION Of LAND 70. Permit Required 37 71. Services to be Provided 37 72. Payment of Service Levies and Other Charges 37 73. Issue of Permit Subject to Considerations 37 74. Building Permits Required 38 75. Form of Application 38 76. Subdivision Subject to Zoning 38 77. Building Lines 38 78. Land for Public Open Space 38 79. Structure in Street Reservation 39 80. Subdivision Design Standards 39 vi Town of Massey Drive Development Regulations for 2017-2027 AS APPROVED BY COUNCIL 20 SEPTEMBER 2017 Engineer to Design Works and Certify Construction Layout 41 Developer to Pay Engineer's Fees and Charges 42 Street Works May Be Deferred 42 Transfer of Streets and Utilities to Authority 42 Restriction on Sale of Lots 43 Grouping of Buildings and Landscaping 43 PART V - USE ZONES 87. Use Zones 88. Use Groups, Divisions and 89. Permitted Uses 90. Discretionary Uses 91. Uses Not Permitted SCHEDULES SCHEDULE SCHEDULE SCHEDULE SCHEDULE SCHEDULE DOCUMENTS Classes . 44 44 44 45 81. 82. 83. 84. 85. 86. A: Definitions 46 B: Classification of Uses of Land and Buildings 59 C: Use Zone Tables 65 D: Off-Street Parking Requirements 78 E: Land Use Zoning Map 1 tin map pocket at rear of document] EXTRA TO MUNICIPAL PLAN 79 vii Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 Page left hlanL to correspond to double sided printing viii Town of Massey Drive Development Regulations for 2017-2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 COUNCIL RESOLUTION TO ADOPT; CLERK'S and MCIP CERTIFICATES Under the authority of Section 16 of the Urban and Rttral Planning Act 2000, the Town Council of Massey Drive adopts the Development Regulations for 2017 to 2027. Resolved by the Town Council of Massey Drive on the 29th day of August, 2017. Signed and sealed this / day of 0c4-àLer Mayor: ZL1 2017 (Council Seal) Clerk's Certificate: Certified that the attached Development Regulations is a correct copy of the Development Regulations for 2017 to 2027, adopted by the Council of the Town of Massey Drive, on the 29th day of August, 2017. C1erk MCIP Certificate: I certify that the attached Development Regulations document has been prepared in accordance with the requirements of the Urban and Rural Planning Act, 2000. Member of the Canadian Institute of Planners ____ 2017 Date: (.7 day of______________ Jens .Eng.,MCIP ix Town of Massey Drive Development Regulations for 2017-2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 Page left blank to correspond to double sided printing D U U U U U U U U U U x Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 COUNCIL RESOLUTION TO APPROVE; CLERK'S CERTIFICATE [resolution ofCouncil to approve the Development Regulations, following completion ofthe requirements of Sections 18 to 22 inclusive ofthe Urban and Rural Planning Act, 2000] Under the authority of Sections 16, 17, 18 and 23 of the Urban and Rural Planning Act 2000, the Town Council of Massey Drive approves the Development Regulations for 2017 to 2027. Resolved by the Town Council of Massey Drive on the 28th day of September, 2017. Signed and sealed this / day of ,2017. Mayor:_______________________ (Council Seal) Clerk's Certificate: Certified that the attached Development Regulations is a correct copy of the Development Regulations for 2017 to 2027, approved by the Council of the Town of Massey Drive, on the /S day of ,2017. Development Regulations/Amendment Clerk ____________ REGISTERED Number .76 7 t7 OO Date _______ Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 Page left blank to correspond to double sided printing xii Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 SECTION A NEWFOUNDLAND REGULATION 3/01 Development Regulations under the Urban and Rural Planning Act, 2000 (Filed January 2, 2001) Under the authority of section 36 ofthe Urban andRural PlanningAct, 2000, I make the following regulations. Dated at St. John's, January 2, 2001. Joan Marie Aylward Minister of Municipal and Provincial Affairs REGULATIONS Analysis Short title 2. Definitions 3. Application 4. Interpretation 5. Notice oF right to appeal 6. Appeal requirements 7. Appeal registration Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 8. Development prohibited 9. Hearine notice and meetings 10. Hearine oletidence II Roard decision 12. Variances 13. Notice olvanance 14. Residential non conformity 15. Notice and hearings on change of cisc 16. Non-conformance with standards I 7. Discontinuance of non-conibimine use 1$. Delegation olpowers 10. (,onunencenenl Short title 1. These regulations may be cited as the Minister 's Development Regulations. 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. 2 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 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. (3) Where another Act of the province provides a right of appeal to the board, these regulations shall apply to that appeal. 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 antennas, (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 3 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in any case, a building height shall not include mechanical structure, smokestacks, steeples and purely ornamental structures above a roof; (e) "building line" means a line established by an authority that runs parallel to a street line and is set at the closest point to a street that a building may be placed; (f) "discretionary use" means a use that is listed within the discretionary use classes established in the use zone tables of an authority's development regulations; (g) "established grade" means, (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 ofthe 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; (1) "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; 4 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 to) "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; (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 ofthe 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. 5 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 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) 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 board at the Department of Municipal and Provincial Affairs, Main floor, Confederation Building (West Block), P.O. Box $700, St. Jolm"s, Nfld., A1B 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) ofthe 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. John" s appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed with the secretary of that appointed board. (3) The fee required under section 44 of the Act shall be paid to 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. (5) Where an appeal of a decision and the required fee is not received by a board in accordance with this section and Part VT of the Act, the right to appeal that decision shall be considered to have been forfeited. 6 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 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 ofthe applicant and other interested persons of whom the authority has knowledge. (4) Upon receipt of the information under subsection (3), the secretary of the board shall publish in a newspaper circulated in the area of the appropriate authority, a notice that the appeal has been registered. (5) A notice published under subsection (4) shall be published not fewer than 2 weeks before the date upon which the appeal is to be heard by the board. Development prohibited 8. (1) Immediately upon notice of the registration of an appeal the appropriate authority shall ensure that any development upon the property that is the subject of the appeal ceases. (2) Sections 102 and 104 of the Act apply to an authority acting under subsection (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. 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 ofien as is necessary to conduct its work in an expeditious manner. 7 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 Hearing of evidence 10. (1) A board shall meet at a place within the area under its jurisdiction and the appellant and other persons notified under subsection 9(1) or their representative may appear before the board and make representations with respect to the matter being appealed. (2) A board shall hear an appeal in accordance with section 43 of the Act and these regulations. (3) A written 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)111 the conduct of an appeal hearing, the board is not bound by the rules of evidence. Board decision 11. A decision of the board must comply with the plan, scheme or development regulations that apply to the matter that has been appealed to that board. Variances 12. (1) Where an approval or permit cannot be given by an authority because a proposed development does not comply with development standards set out in development regulations, an authority may, in its discretion, vary the applicable development standards to a maximum of 10% if, in the authority's opinion, compliance with the development standards would prejudice the proper development of the land, building or structure in question or would be contrary to public interest. (2) An authority shall not allow a variance from development standards set out in development regulations if that variance, when considered together with other variances made or to be made with respect to the same land, building or structure, would have a cumulative effect that is greater than a 10% variance even though the individual variances are separately no more than 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. $ C Town of Massey Drive Development Regulations for 2017-2027 AS APPROVED BY COUNCIL 2B SEPTEMBER 2017 Notice of variance 13. Where an authority is to consider a proposed variance, that authority shall give written notice oftile 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. Residential non conformity 14. A residential building or structure referred to in paragraph 1O8(3)(g) of the Act must, where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development regulations applicable to that building or structure. Notice 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 applicant"s expense, shall publish a notice in a newspaper circulating in the area or by other means give public notice of an application to vary the existing use of a non-conforming building, structure or development and shall consider any representations or submissions received in response to that advertisement. 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. 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. 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. 9 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 Commencement 19. These regulations shall be considered to have come into force on January 1, 2001. ©©Earl G. Tucker, Queen's Printer 10 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 SECTION B LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS (DEVELOPMENT REGULATIONS) APPLICATION 1. Short Title These Regulations may be cited as the Town of Massey Drive Development Regulations. 2. Interpretation (I) Words and phrases used in these Regulations shall have the meanings ascribed to them in Schedule A. (2) Words and phrases not defined in Schedule A shall have the meanings which are commonly assigned to them in the context in which they are used in the Section B Regulations. 3. Commencement These Regulations come into effect throughout the Massey Drive Municipal Planning Area, hereinafter referred to as the Planning Area, on the date of publication of a notice to that effect in the Newfoundland Gazette. 4. Municipal Code and Regulations The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or any other municipal regulations or practices regulating or controlling the development, conservation and use of land in force in the Town of Massey Drive, shall, under these Regulations apply to the entire Planning Area. The policy of the Authority is that only a limited form of building inspection service is provided by the Authority, as described in the policies of the Town of Massey Drive. 5. Authority In these Regulations, "Authority" means the Council of the Town of Massey Drive. 11 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 PART I - GENERAL REGULATIONS 6. Compliance With Regulations (I) No development shall be carried out within the Massey Drive Planning Area except in accordance with these Regulations, unless expressly exempted. (2) The Development Regulations is a legal doctiment, binding upon Council and any person or group using or proposing to use land anywhere within the Massey Drive Planning Area. (3) The WaterResourcesAct, 2000, provides for regulation of numerous aspects of management of water resources in the province. Administration of the regulations under the Act is by the Water Resources Management Division of the Department of the Environment. All development applications concerning the following topics may require approval under the Water Resources Act 2000 in addition to approval by the Authority under these Development Regulations: a) Development within 15 metres of a waterbody or watercourse if in a Crown land reservation; b) Discharge of any effluent offthe subject property; c) Work in any body of water; d) Infilling of water bodies or diversion of streams (usually not approvable if for residential development; e) Construction of wharves, breakwaters, slipways and boathouses: permits not needed but the guidelines of that title must be followed; f) Infilling or dredging associated with marine structures or other works; and, g) Any development in the Trout Pond Protected Public Water Supply Area. (4) Constructing a development may require permits and/or approvals in addition to approval pursuant to the Urban and Rural Planning Act, 2000, or the Water Resources Act, 2000. Proponents are advised to consult the appropriate Government Service Centre to determine requirements. 7. Permit Required No person shall carry out any development within the Planning Area except where otherwise provided in these Regulations unless a permit for the development has been issued by the Authority. 12 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 8. Permit to be Issued Subject to Section B Regulations 9 and 10, a permit shall be issued for development within the Planning Area that conforms to: (a) the general development standards set out in Part II of these Section B Regulations, the requirements of Part V of these Section B Regulations, and the use classes, standards, requirements, and conditions prescribed in Schedule C of these Section B Regulations for the use zone in which the proposed development is located; (b) further to (a), the standards set out in any regulation or policy of the Authority regulating or controlling development, conservation and use of land and buildings and the supply of municipal water, sewer and street services to them, noting that the Authority does not perform reviews of engineering, architectural or other design subjects of buildings as may be found in the Building Code and/or other ancillary codes; (c) the standards set out in Part Ill of these Regulations in the case of advertisement; (U) the standards set out in Part IV of these Regulations in the case of subdivision; (e) the standards of design and appearance established by the Authority. 9. Permit Not to be Issued in Certain Cases (a) Neither a permit nor approval in principle shall be issued for development within the Planning Area when, in the opinion of the Authority, it is premature by reason 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 in a development agreement to pay the full cost of construction of the services deemed necessary by the Authority and such cost shall attach to and upon the property in respect of which it is imposed. (b) Where a Crown Lands grant is required to enable a development, Council shall review the policies of the Municipal Plan and the Development Regulations in the course of considering their comments to make to Crown Lands on any proposed development, and shall not recommend or support the grant where they are not satisfied. Where a variance or discretionary approval or other approval pursuant to these Development Regulations or the Urban and Rural Planning Act, 2000, is required, such matters shall be considered and disposed satisfactorily before the grant is recommended. 13 Town of Massey Drive Development Regulations for 2017--2027 As APPROVED BY COUNCIL 28 SEPTEMBER 2017 10. Discretionary Powers of Authority (1) In considering an application for a permit or approval in principle to carry out development, the Authority shall take into account the policies expressed in the Municipal Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the general appearance of the development of the area, the amenity of the surroundings, availability of utilities, public safety and convenience, and any other considerations which are, in its opinion, material, and notwithstanding the conformity of the application with the requirements of these Regulations, the Authority may, in its discretion, and as a result of its consideration of the matters set out in this Regulation, conditionally approve or refuse the application. (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. 11. Variances (Refer to Minister 's Development Regulations, Section 12, January 2, 2001) (1) Where an approval or permit cannot be given by the Authority because a proposed development does not comply with development standards set out in development regulations, the 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 ofthe land, building or structtire in question or would be contrary to public interest. (2) The 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) The Authority shall not permit a variance from development standards where the proposed development would increase the non-conformity of an existing development. 12. Notice of Variance (Refer to Minister's Development Regulations, Section 13., January 2, 2001) Where the Authority is to consider a proposed variance, the Authority shall give written notice of the proposed variance from development standards to all persons whose land is in the immediate vicinity of the land that is the subject of the variance, at least ten days prior to the date upon which Council will consider the matter.7 14 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 25 SEPTEMBER 2017 13. Service Levy (1) The Authority may require a developer to pay a service levy where development is made possible or where the density of potential development is increased, or where the value of property is enhanced by the carrying out of public works either on or off the site of the development. (2) A service levy shall not exceed the cost, or estimated cost, including finance charges to the Authority of constructing or improving the public works referred to in Section B Regulation 13(1)that are necessary for the real property to be developed in accordance with the standards required by the Authority and for uses that are permitted on that real property. (3) A service levy shall be assessed on the real property based on: (a) the amount of real property benefited by the public works related to all the real property so benefited; and, (b) the density of development made capable or increased by the public work. (4) The Authority may require a service levy to be paid by the owner of the teal property; (a) at the time the levy is imposed; (b) at the time development of the real property commences; (c) at the time development of the real property is completed; or, (d) at such other time as the Authority may decide. 14. Financial Guarantees by Developer (I) The Authority may require a developer before commencing a development to make such financial provisions and/or enter into such agreements as may be required to guarantee the payment of service levies, ensure site reinstatement, and to enforce the carrying out of any other condition attached to a permit or licence. (2) The financial provisions pursuant to Section B Regulation 14(1) may be made in the form of: (a) a cash deposit from the developer, to be held by the Authority. or: (b) a guarantee by a bank, or other institution acceptable to the Authority and the Minister, for expenditures by the developer, or; (c) a performance bond provided by an insurance company or a bank, or; (U) an annual contribution to a sinking fund held by the Authority, or; 15 [ C Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (f) another form of financial guarantee that the Authority may approve. 15. Dedication of Land for Public Use In addition to the requirements for dedication of land under Section B Regulation 78, the Authority may require the dedication of a percentage of the land area of any subdivision { or other development for public use, and such land shall be conveyed to the Authority in accordance with the provisions of the Act. 16. Reinstatement of Land Where the use of land is discontinued or the intensity of its use is decreased, the Authority may order the developer, the occupier of the site, or the owner or all of them to reinstate the site, to remove all or any buildings, vehicles, watercraft, and equipment, to cover or fill all wells or excavations, and to close all or any accesses, or to do any of these things or similar things for the ptirpose intended, or all of them, as the case may be, and the developer, occupier or owner shall carry out the order of the Atithority and shall put the site in a safe, secure and sanitary condition to the satisfaction of the Authority. 17. Form of Application (1) An application for a development permit or approval in principle shall be made only by the owner or by a person authorized by the owner to the Authority on t such form as may be prescribed by the Authority, and every application shall include such plans, specifications and drawings as the Authority may require, and be accompanied by the permit fee required by the Authority. (2) The Authority shall supply to every applicant a copy of the application forms referred to in Section B Regulation 17(1) and a description of the plans, specifications and drawings required to be provided with the application and any information or requirements applicable to the application. 18. Register of Application The Authority shall keep a public register of all applications for development, and shall enter therein the Authority's decision upon each application and the result of any appeal from that decision. 19. Deferment of Application (1) The Authority may, with the written agreement of the applicant, defer consideration of an application. 16 t Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (2) Applications property submitted in accordance with these Regulations which have not been determined by the ALithority and on which a decision has not been com municated to the applicant within eight weeks of the receipt thereof by the Authority, and on which consideration has not been deferred in accordance with Section B Regulation 18(1), shalt be deemed to be refused. 20. Approval in Principle (1) The Authority may grant approval in principle for the erection, alteration or conversion of a buitding if, after considering an application for approval in principle made under these Regulations, it is satisfied that the proposed develop ment is, subject to the approval of detailed plans, in compliance with these Regulations. (2) Where approval in principle is granted under this Regulation, it shall be subject to the subsequent approval by the Authority of such details as may be listed in the approval in principle, which shall also specify that further application for approval of these details shall be received not later than two years from the grant of approval in principle. 21. Development Permit (1) A plan or drawing which has been approved by the Authority and which bears a mark and/or signature indicating such approval together with a permit shall be deemed to be permission to develop land in accordance with these Regulations but such permission shall not relieve the applicant from full responsibility for obtaining permits or approvals under any other regulation or statute prior to commencing the development; from having the work carried out in accordance with these Regulations or any other regulations or statutes; and from compliance with alt conditions imposed thereunder. (2) The Authority may attach to a permit or to approval in principle such conditions as it deems fit in order to ensure that the proposed development will be in accordance with the purposes and intent of these Regulations. (3) A permit is valid for such period, not in excess of two years where issued for main buildings and one year for accessory buildings, as may be stated therein, and if the development has not commenced, the permit may be renewed for a further period not in excess of one year, but a permit shall not be renewed more than once, except in the case of a permit for an advertisement, which may be renewed in accordance with Part Ill of these Section B Regulations. 17 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (4) Where the Authority deems necessary, permits may be issued on a temporary basis for the periods stated in (3), which may be extended in writing by the Authority for further periods not exceeding one year. (5) The approval of any application and plans or drawings or the issue of a permit shall not prevent the Authority from thereafter requiring the correction of errors, or from ordering the cessation, removal of, or remedial work on any development being carried out in the event that the same is in violation of this or any other regulations or statute. (6) The Authority may revoke a permit for failure by the holder of it to comply with these Regulations or any condition attached to the permit or where the permit was issued in error or was issued on the basis of incorrect information. (7) No person shall erase, alter or modify any drawing or specifications upon which a permit to develop has been issued by the Authority. (8) There shall be kept available on the premises where any work, matter or thing is being done for which a permit has been issued, a copy of the permit and any plans, drawings or specifications on which the issue of the permit was based during the whole progress of the work, or the doing of the matter or thing until completion. 22. Reasons for Refusing Permit The Authority shall, when refusing to issue a permit or attaching conditions to a permit, state in writing the reasons for so doing. 23. Notice of Right to Appeal (Refer to Minister 's Development Regulations, Section 5, January 2, 2001) Where the Authority makes a decision that may be appealed under section 42 ofthe 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. 18 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 24. Appeal Requirements (Refer to Minister 's Development Regulations, Section 6, Jantiwy 2, 2001] (1) The secretary of the Appeal Board at the Department of Municipal and Provincial Affairs, Main floor, Confederation Building (West Block), P.O. Box $700, St. John's, Nfld., AIB 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 shalt 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, stibject 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. 25. Appeal Registration ('Refer to Minister 's Development Regulations, Section 7 January 2, 200]) (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 Atithority 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 Atithority, 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. 19 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 26. Development Prohibited (Refer to Minister 's Development Regulations, Section 8, January 2, 200]) (1) Immediately upon notice of the registration of an appeal the Authority shall ensure that any development upon the property that is the subject ofthe appeal ceases. (2) Sections 102 and 104 of the Act apply to the Atithority 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 mailer being appealed. 27. Appeal Board (1) The minister may, by order, establish an Appeal Board and shall assign to the Appeal Board a specific area of the province over which it shall have jurisdiction, as outlined in section 40, of the Act. U 28. Appeals (1) A person or an association of persons aggrieved of a decision that, under the regulations, may be appealed, may appeal that decision to the appropriate Appeal Board where the decision is with respect to: U (a) an application to undertake a development; (b) a revocation of an approval or a permit to undertake a development; U (c) the issuance of a stop work order; and (d) a decision permitted under the Act or another Act to be appealed to the board. (2) A decision of the Authority to adopt, approve or proceed with a municipal plan, a scheme, development regulations and amendments and revisions of them is final and not subject to an appeal. (3) An Appeal Board shall not make a decision that does not comply with the municipal plan, a scheme and development regulations that apply to the matter being appealed. (4) An appeal shall be filed with the Appeal Board not more than 14 days after the person who made the original application appealed from has received the decision being appealed. 20 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (5) An appeal shall be made in writing and shall include (a) a summary of the decision appealed from; (b) the grounds for the appeal; and (c) the required fee. (6) A person or group of persons affected by the subject of an appeal or their representatives may appear before an Appeal Board and make representations concerning the matter under appeal. (7) An Appeal Board may inform itself of the subject matter of the appeal in the manner it considers necessary to reach a decision. (8) An Appeal Board shall consider and determine appeals in accordance with the Act and the municipal plan, scheme and regulations that have been registered under section 24, of the Act, and having regard to the circumstances and merits of the case. (9) A decision of the Appeal Board must comply with the plan, scheme or development regulations that apply to the matter that has been appealed to that board. (10) In determining an appeal, an Appeal Board may confirm, reverse or vary the decision appealed from and may impose those conditions that the board considers appropriate in the circumstances and may direct the Authority to carry out its decision or make the necessary order to have its decision implemented. (11) Notwithstanding subsection (10), where the Authority may, in its discretion, make a decision, an Appeal Board shall not make another decision that overrules the discretionary decision. (12) The decision of a majority of the members of an Appeal Board present at the hearing of an appeal shall be the decision of the Appeal Board. (13) An Appeal Board shall, in writing notify the appellant and the appropriate Authority of the decision of the Appeal Board. 29. Hearing Notice and Meetings (Refer to Minister 's Development Regulations, Section 9, January 2, 200]) (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. 21 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (2) An Appeal Board may meet as often as is necessary to conduct its work in an expeditious manner. 30. Hearing of Evidence (Refer to Minister's Development Regulations, Section 10, Jarntarv 2, 200]) (1) An Appeal Board shall meet at a place within the area under its jurisdiction and the appellant and other persons notified under Section B Regtilation 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 ofthe 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. 31. Return of Appeal Fee Where an appeal made by an appellant tinder section 42 of the Act, is successful, an amount of money equal to the fee paid by that appellant under Section B Regulation 24(2) shall be paid to him or her by the Authority. 32. Notice of Application (1) When a change in non conforming use is to be considered under Section B Regulation 49, the Authority shall, at the expense of the applicant, give notice of an application for a permit or for approval in principle, by public advertisement in a newspaper circulating in the area at least ten days prior to the date upon which Council will consider the matter. (2) When a variance is necessary under Section B Regulation 11, and the Authority wishes to consider whether to authorize such a variance from development standards the Authority shall, pursuant to Section B Regulation 12, give written notice of the proposed variance to all persons whose land is in the immediate vicinity of the land, at least ten days prior to the date upon which Council will consider the matter. (3) When a proposed development is listed as a discretionary use in Schedule C of the Section B Regulations, and the Authority wishes to consider whether to approve such a discretionary use, the Authority shall post a written notice including a 22 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 synopsis of the proposed development on the website of the Authority, or if the Authority does not operate a website on which the Authority's notices are posted then the Authority shall give said written notice of the proposed development to all persons whose land is in the immediate vicinity of the land, in either case at least ten days prior to the date upon which Council will consider the matter. 33. Right of Entry The Authority, the Director, or any inspector may enter upon any public or private land and may at all reasonable times enter any development or building upon the land for the purpose of making surveys or examinations or obtaining information relative to the carrying out of any development, construction, alteration, repair, or any other works whatsoever which the Authority is empowered to regulate. 34. Record of Violations Every inspector shall keep a record of any violation of these regulations which comes to his knowledge and report that violation to the Authority. 35. Stop Work Order and Prosecution (1) Where a person begins a development contrary or apparently contrary to these Regulations, the Authority may order that person to stop the development or work connected therewith pending final adjudication in any prosecution arising out of the development. (2) A person who does not comply with an order made under Section B Regulation 35(1) is guilty of an offence under the provisions of the Act. 36 Delegation of Powers (Refer to Minister's Development Regulations, Section 18, Januaiy 2, 2001) An Authority shall, where designating employees to whom a power is to be delegated under subsection 109(2) of the Act, make that designation in writing. 23 U U Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 PART II- GENERAL DEVELOPMENT STANDARDS 37. Accesses and Service Streets U (1) Access shall be located to the specification of the Authority so as to ensure the greatest possible convenience and safety of the street system and the Authority may prescribe the construction of service streets to reduce the number of accesses to collector and arterial streets. (2) No vehicci tar access shalt be closet than 10 metres to the street line of any street U intersection. (3) A new street may not be constructed except in accordance with and to the design and specifications laid down by the Authority. 38. Accessory Buildings and Uses (1) Accessory buildings shall be clearly incidental and complementary to the use of the main buildings in character, use and size, and shall be contained on the same lot except where specifically exempted in these Section B Development Regulations from this requirement. (2) No accessory building or part thereof shall project in front of any building line except as may be prescribed in the use zone tables in these Section B Regulations. (3) The sideyard requirements set out in the use zone tables in these Section B Regulations shall apply to accessory buildings wherever they are located on the lot. (4) The requirements for maximum floor area, number, height, lot coverage and other locational and dimensional criteria for structures and fences shall be as set out in the use zone tables in these Section B Regulations. (5) Temporary use of land for community festivals, celebrations, laydown and H equipment yards during construction of a structure, and the like shall be deemed to be accessory uses in all areas, and Council may approve such use subject to such conditions as may be deemed prudent and for no longer period of time than one year. 39. Advertisements El Advertisements shall not be erected or displayed except in accordance with Part Ill of these Section B Regulations. 24 H R I Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 40. Buffer Strips for Industrial Uses and Public Trails 1) Where any industrial development permitted in any Use Zone abuts an existing or proposed residential area, or is separated from it by a road only, the owner of the site of the industrial development shall provide a buffer strip not less than ten (10) metres wide between any residential activity and the industrial area. The buffer shall include the provision of such natural or structural barrier as may be required by the Authority and shall be maintained by the owner or occtlpier to the satisfaction of the Authority. 2) Buildings, structures and alteration of elevations of land or vegetation thereon, within 15 metres of any public trail designated by the Authority, shall not be located or made in such manner as would impede the safety or amenity of public use of the public trails. 41. Building Height The Authority may permit the erection of buildings of a height greater than that specified in Schedule C, but in such cases the building line setback and rear yard requirements shall be varied as follows: (1) The building line setback shall be increased by 2 metres for every 1 metre increase in height above the minimum required height. (2) The rear yard shall not be less than the minimum building line setback calculated as described in (1) above plus 6 metres. 42. Building Line and Setback The Authority, by resolution, may establish building lines on an existing or proposed street or service street and may require any new buildings to be located on those building lines, whether or not such building lines conform to the standards set out in the tables in Schedule C ofthese Section B Regulations. 43. Family and Group Care Centres Family and group care centre use is permitted in any single dwelling that is adeqttate in size to accommodate the number of persons living in the group, inclusive of staff, provided that in the opinion of the Authority and subject to the discretion of the Authority, the use of the dwelling and the intended clientele do not materially and adversely affect the quiet enjoyment of activities on other properties or residents of the neighbourhood in which it is located. The Authority may require certified architectural designs and operations plans for the facility's buildings, programs and safety features to be provided for the clientele, staff and neighborhood residents, and proof of issue (or 25 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 intent to issue) of any licenses or permits required by authorities having jurisdiction for the specific clientele of the Centre, before the development is permitted. 44. Height Exceptions The height requirements prescribed in Schedule C of these Section B Regulations may be waived in the case of antennas, wind turbines, flagpoles, water towers, spires, belfries, or chimneys, but any such waiver which results in an increase of more than 10% of the permitted height of the structure shall only be authorized under the provisions of Section B Regulation 10 and with notice given under the provisions of Section B Regulation 32. 45. Livestock Structures and Uses Livestock structures and uses are not permitted in any part of the Planning Area. 46. Archaeological Resources Any proposal or application for a development that requires ground disturbance shall be reviewed by the Authority to determine whether the site may be a site protected under the Historic Resources Act and if so to be referred to the Provincial Archaeology Office for assessment and clearance before work commences. Further, should any artifacts be discovered during work on a site, work is to stop and the site is to be secured until such an assessment has been conducted and the Authority has determined what, if any, work may resume and under what conditions. 47. Lot Area and Size Exceptions (1) No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof or otherwise, so that any building or structure on such lot shall have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than that permitted by these Section B Regulations for the zone in which such lot is located. (2) Where any part of a lot is required by these Section B Regulations to be reserved as a yard, it shall continue to be so used regardless of any change in the ownership of the lot or any part thereof, and shall not be deemed to form part of an adjacent lot for the purpose of computing the area thereof available for building purposes. (3) Where, at the time ofcoming into effect of these Section B Regulations, one or more lots already exist in any zone, with insufficient frontage or area to permit the owner or purchaser of such a lot or lots to comply with the provisions of these Section B Regulations, then these Section B Regulations shall not prevent the issuing of a permit by the Authority for the erection of a building, provided that 26 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 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 Section B Regulations. 48. Lot Frontage Except where specifically provided for in the Use Zone Tables in Schedule C of these Section B Regulations, no building shall be erected unless the lot on which it is situated fronts onto a street or forms part of a Comprehensive Development Scheme. 49. Non-Conforming Use (Refer to Minister's Development Regulations, Section 14, 15, 16, 17, January 2, 2001) (I) Notwithstanding the Municipal Plan, scheme or regulations made under the Urban and Rural Planning Act, 2000, the Authority shall, in accordance with regulations made under this Act, allow a development or use of land to continue in a manner that does not conform with a regulation, scheme, or plan that applies to that land provided that the non-conforming use legally existed before the registration under section 24 of the Act, scheme or regulations made with respect to that kind of development or use. (2) Notwithstanding subsection (1), a right to resume a discontinued non-conforming use of land shall not exceed 3 years after the discontinuance of that use. (3) A building, structure or development that does not conform to a scheme, plan or regulations made under the Act that is allowed to continue under subsection (I) (a) shall not be internally or externally varied, extended or expanded unless otherwise approved by the Authority; (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; (d) may have the existing use for that building, structure or development varied by the Authority to a use that is, in the Authority's opinion, more compatible with the plan and regulations applicable to it; 27 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (e) may have the existing building extended by approval of the Authority where, in the Authority's opinion, the extension is not more than 50% of the existing building; (f) where the non-conformance is with respect to the standards included in these development regulations, shall not be expanded if the expansion would increase the non-conformity and an expansion must comply with the development standards applicable to that building, structure or development; (g) where the building or structure is primarily zoned and used for residential purposes, it may, in accordance with the municipal plan and regulations, be repaired or rebuilt where 50% or more of the value of that building or structure is destroyed but the residential building or structure, where being repaired or rebuilt, must be repaired or rebuilt in accordance with the plan and development regulations applicable to that building or structure. (4) Before making a decision to vary an existing use of a non-conforming building, structure or development, the Authority shall give notice as specified in Section B Regulation 32, 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. 50. Offensive and Dangerous Uses No btiilding or land shall be used for any purpose which may be dangerous by causing or promoting fires or other hazards or which may emit noxious, offensive or dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any nuisance that has an unpleasant effect on the senses unless its use is authorized by the Authority and any other Atithority having jurisdiction. 51. Hazards to Building 1) Any proposal for the erection of a structure on a site which is potentially subject to flooding, sea level rise, coastal erosion or any other physical hazard near watercourses or water bodies, must be certified by a professional engineer to ensure that development of the site can take place without danger to health or safety, within a one hundred year time horizon; 2) Any proposal for development of a site having a slope in excess of 15% must be certified by a professional engineer as having low risk of landslide, avalanche, and rockfall. 28 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 52. Off-Street Parking and Loading Requirements (1) For every building, structure or use to be erected, enlarged or established, there shall be provided and maintained a quantity of off-street parking spaces stifficient to ensure that the flow of traffic on adjacent streets is not impeded by the on-street parking of vehicles associated with that building, structure or use. (2) The number of parking spaces to be provided for any building, structure, use or occupancy shall conform to the standards set out in Schedule D ofthese Regulations. (3) Each parking space, except in the case of single or double dwellings, shall be made accessible by means of a durably surfaced right-of-way at least 3 m in width. Parking required in a Residential (RES) Zone shall be provided on the same lot as the main use. Parking space for apartments shall be provided in the rear yard where possible. In a non-Residential Zone, parking spaces shall be provided within the limits of the zone in which the use is situated and not more than 200 metres distant from the use concerned. (4) The parking facilities required by this Section B Regulation shall, except in the case of residential developments in the classes of single dwellings, double dwellings, row dwellings, boarding houses, seasonal dwellings and mobile homes, be arranged so that it is not necessary for any vehicle to reverse onto or from a street, except where specifically exempted by the Authority. (5) Where, in these Section B Regulations, parking facilities for more than four vehicles are required or permitted: (a) parking space shall mean an area of land, not less than 3 m wide by 6 rn long, capable of being used for the parking of a vehicle without the need to move other vehicles on adjacent areas, and the lanes or aisles in a parking area which give access to parking spaces shall be at least 6 m wide; (b) the parking area shall be constructed with paved stirfaces and features to control surface water, and maintained to the specifications of the Authority: (c) the lights used for illumination of the parking area shall be so arranged as to divert the light away from adjacent development; (U) a structure, not more than 3 m in height and more than 5 rn2 in area may be erected in the parking area for the use of attendants in the area; 29 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 2B SEPTEMBER 2017 (e) except in zones in which a service station is a permitted use, no gasoline pump or other service station equipment shall be located or maintained on a parking area: (f) no part of any off-street parking area shall be closer than 1.5 m to the front lot line in any zone; (g) access to parking areas in non-residential zones shall not be by way of residential zones; (h) where a parking area is in or abuts a residential zone, a natural or structural barrier at least I m in height shall be erected and maintained along all lot lines; (1) for every building, structure or use to be erected, enlarged or established requiring the shipping, loading or unloading of animals, goods, wares or merchandise, there shall be provided and maintained for the premises loading facilities on land that is not part of a street comprised of one or more loading spaces, 15 m long, 4 m wide, and having a vertical clearance of at least 4 m with direct access to a street or with access by a driveway of a minimum width of 6 m to a street, and be so arranged that vehicles can manoeuvre clear of any street and so that it is not necessary for any vehicle to reverse onto or from a street. The number of loading spaces to be provided, if any, shall be determined by the Authority. U) where, in the opinion of the Authority, strict application of the above parking requirements set out in a) through i) is impractical or undesirable, the Authority may waive some or all of the requirements or as a condition of a permit require the developer to pay a service levy in accordance with these Section B Regulations in lieu of the provision of a parking area, and the full amount of the levy charged shall be used by the Authority for the provision and upkeep of alternative parking facilities within the general vicinity of the development. 53. Parks and Playgrounds and Conservation Uses Nothing in these Section B Regulations shall prevent the designation of conservation areas or the establishment of parks and playgrounds in any zones provided that such parks and playgrounds are not located in areas which may be hazardous to their use and are not operated for commercial purposes. 30 -Th Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 54. Screening and Landscaping The Authority may, in the case of existing unsightly development, order the owner or occupier to provide adequate and suitable landscaping or screening; and for this purpose may require the submission of an application giving details of the landscaping or screening, and these Section B Regulations shall then apply to that application. The provision of adequate and suitable landscaping or screening may be made a condition of any development permit where, in the opinion of the Authority, the landscaping or screening is desirable to preserve amenity, or protect the environment. 55. Services and Public Utilities The Authority may within any zone permit land to be used in conjunction with the provision of public services and public utilities if the use of that land is necessary to the proper operation of the public service or public utility concerned provided that the design and landscaping of any development of any land so used is, in the opinion of the Authority, adequate to protect the character and appearance of the area. 56. Service Stations The following requirements shall apply to all proposed service stations: (a) All gasoline pumps shall be located on pump islands designed for such ptirpose, and to which automobiles may gain access from either side. (b) Pump islands shall be set back at least 4 metres from the front lot line. (c) Accesses shall not be less than 7 metres wide and shall be clearly marked, and where a service station is located on a corner lot, the minimum distance between an access and the intersection of street lines at the junction shall be 10 metres and the lot line between entrances shall be clearly indicated. 57. Structures in Yards Note to readers: the Town ofMassey Drive does not become involved in settling or mediating boundary locations or linefence disputes between abuttingproperty owners as this is a civil matter between the parties. The following requirements shall apply to location and development of structures in yards, including buildings, fences and retaining walls: a) No structure except a fence or retaining wall or accessory building shall be located in any yard prescribed in the use zone tables in these Section B Regulations. 31 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 b) All side yards shall be kept clear of obstructions other than fences and retaining walls, to ensure a pathway of at least one metre in width, to provide access to the side walls of structures for fire suppression and maintenance and to rear yards for emergency responders. c) Fences may be erected in any yard of any lot subject to the following: i. they are entirely located on the lot or directly on the lot lines, except where yard requirements specify special setbacks for fences; ii. on a corner lot in the Residential (RES) Zone, any fence in the front yard shall be set back at least to the actual line of the nearest main wall ofthe main building, or if there is no main building then to the minimum required building line setback, and, a minimum of 3 metres set back from the street line in a flankage yard; iii. fences are to be located at least 8 metres from the centreline of the travelled surface of streets; iv. fences in the Residential (RES) Zone are to have a height of no more than 2 metres above finished grade, including any ornamentation or projections above the general upper line of the fence, and, v. in the Residential (RES) Zone, materials of construction shall not include use of barbed wire or other sharp projections posing a safety concern. d) Retaining walls are permitted, subject to requirements concerning structural integrity, aesthetics and safety, as follows: i. Where a retaining wall is higher than 1 .2 metres above finished grade, or supportive of a building wall, foundation, drainage channel, pit, embankment, or similar feature, the wall shall be designed by a professional engineer licensed in the province, said design to include space for maintenance of both sides of the wall, and said designs to be subject to approval by Council. ii. Barrier rails or fences shall be designed and built in compliance with the National Building Code of Canada, having regard to the height and angle of the wall and risk of persons, animals or vehicles falling down the wall. iii. Retaining walls shall be set back from all property boundaries by a distance of at least the height of the retaining wall and shall not block line of sight at street intersections. iv. Retaining walls shall not be placed in rights-of-way or street and utility easements, so as not to interfere with traffic, access to utilities, or proper drainage ofthe lot or other properties, whether or not a site grading and drainage plan was 32 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 involved in the design of the subdivision or site design for buildings and land forming. v. Visible materials of construction shall be aesthetically benign, and not include gabions or other wire mesh enclosures or facing, or use of rubble (waste masonry, concrete, asphalt road excavation), demolition debris, vehicle tires, or similar unsightly material, for facing. 58. Removal of Quarry Materials 1) 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 reqtiired by the Quarry Materials Act, 1998. Materials removed for site preparation to construct a building, including topsoil, overburden, and rock may be retained or re-used on the development site (no royalties due) or removed from the site (royalties due). Quarry materials include but are not limited to aggregate, fill, rock, stone, gravel, sand, clay, borrow material, topsoil, overburden, subsoil, and peat. 2) In order to ensure that royalties due to the province are paid, the Authority will notify the Department of Natural Resources where the Authority becomes aware that removal of quarry materials is taking place or may take place. 59. Subsidiary Apartments Lot Areas and Yards Subsidiary apartments may be permitted in single dwellings in accordance with the requirements of the use zone table for the zone in which they are located, and for the purposes of calculating lot area and yard requirements, shall be considered part of the self-contained dwelling. 60. 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. 61. Zero Lot Line and Other Comprehensive Development; Existing Flag Lot Exemption (1) The Authority may, at its discretion, approve the erection of structures which are designed to form part of a zero lot line development or other comprehensive layout which does not, with the exception of dwelling unit floor area, meet the requirements of the Use Zone Tables in Schedule C, and provided that any dwellings are designed to provide both privacy and reasonable access to natural daylight and the overall density within the layout conforms to the regulations and 33 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 standards set out in the Use Zone Tables apply where the layout adjoins other development. (2) Development on flag lots is not permitted except on existing flag tots wherein the requirements for the minimum width of the leg or prolongation which provides access, and required yards, are satisfied. The location of a main or accessory building on an existing flag lot shall provide for yards in the main body of the lot of at least the dimensional minimum requirements of the building line setback. side yard widths, and rear yard depths ordinarily required in the subject Use Zone. as if the main body of the existing flag lot were an ordinary lot where most or the whole width of the lot abuts the street. Whereas the ordinary meanings of side, front and rear yards are not relevant to a flag lot, any yard in a flag lot can be deemed the front, side or rear yard for this purpose. In a flag lot, the minimum width of the leg or prolongation which provides access to a street shall be 5 metres at every point along its length, including the lot boundary where the flag lot fronts directly on a street. Where the full 5 metre leg width cannot be provided in the area of the leg of the flag lot, by reason of limited space between lot lines and existing structures or other physical features, all or part of the required leg width may be provided in the form of a perpetual license or easement for vehicular and pedestrian access in favour of the flag lot, across adjacent lands. The said license or easement shall not be deemed for the purpose of Section B Regulation 47 in this Development Regulation to be an alienation or conveyance having the effect of reducing the lot area of the lot(s) to which the easement or the license pertains. The requirement of Section B Regulation 4$ shall apply to existing flag lots, in that the leg or prolongation, including any part of it which may be provided in the form of the said license or easement, shall abut directly upon a street. (3) Where permitted, boat sheds, boat houses, wharves and stages may be built to any lot line which corresponds to the high water mark. Requirements for work in or near water bodies or streams, and for any infilling or dredging or other work in or near the waters, shall follow the provincial government Guidelinesfor the Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses and any other requirements pertaining to work in water bodies. 34 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 PART III - ADVERTISEMENTS 62. Permit Required Subject to the provisions of Section B Regulation 67, no advertisement or sign shall be erected or displayed in any yards in the Planning Area unless a permit for the advertisement is first obtained from the Authority in accordance with Section B Regulation 1 7. 63. Advertisements Relating to Offsite Uses or Non-specific Uses The conditions to be applied to the erection or display of an advertisement which relates to a specific land use not on the lot on which the advertisement is located, or not relating to any specific land use, shall be as follows: (I) Each such advertisement shall not exceed one square metre in area per sign face. (ii) When the advertisement relates to a specific land use, it shall be located within a reasonable distance of, and only show thereon the name and nature of the business and/or directions to the premises to which it relates. 64. Advertisements Prohibited in Street Reservation No advertisement shall be permitted to be erected or displayed within, on or over any highway or street reservation or land. 65. 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 by the Authority for similar periods. 66. Removal of Advertisements The location, siting and illumination of each advertisement shall be to the satisfaction of the Authority, having regard to the grade and alignment of streets, the location ofstreetjunctions, the location of nearby buildings and the preservation of the amenities of the surrounding area. Notwithstanding the provisions ofthese Regulations, the Authority may require the removal of any advertisement which, in its opinion, is: (a) hazardous to road traffic by reason of its location, siting, colour, illumination, or structural condition, or; (b) detrimental to the amenities of the surrounding area by virtue of becoming dilapidated or referring to information no longer relevant, such as for no longer existing premises. 35 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 67. Advertisements Exempt from Control The following advertisements may be erected or displayed in the Planning Area without application to the Authority: (a) on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m2 in area; (b) 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; (c) on land used for forestry purposes, signs or notices not exceeding I m2 in area and relating to forestry operations or the location of logging operations conducted on the land; (d) on land used for mining or quarrying operations, a notice board not exceeding I m2 in area relating to the operation conducted on the land; (e) on land used for a home business, one nameplate not exceeding 0.2 m2 in area in connection with the business carried on at that lot, on each separate building in which a home business is conducted; (f) on any site occupied by a church, school, library, art gallery, museum, institution or cemetery, one notice board not exceeding I m2 in area; (g) on the principal facade of any commercial, industrial or public building, the name of the building or the name of the occtlpants of the building, in letters not exceeding one-tenth of the height of that facade or 3 m, whichever is the lesser; (h) on any parking lot, directional signs and one sign not exceeding I m in size, identifying the parking lot. 68. Approval Subject to Conditions A permit may only be issued for the erection or display of advertisements which comply with the appropriate conditions and specifications set otit in the Use Zone Tables in Schedule C of these Section B Regulations. 69. Non-Conforming Uses Notwithstanding the provisions of Section B Regulation 62, a permit may be issued for the erection or display of advertisements on a building or within the courtyard of a building or on a parcel of land, the use of which is a non-conforming use, provided that the advertisement does not exceed the size and type of advertisement which could be permitted if the development was in a Use Zone appropriate to its use, and subject to any other conditions deemed appropriate by the Authority. 36 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 PART IV - SUBDIVISION OF LArD 70. Permit Required No land in the Planning Area shall be subdivided unless a permit for the development of the subdivision is first obtained from the Authority. 71. Services to be Provided No permit shall be issued for the development of a subdivision unless provisions satisfactory to the Authority have been made in the application for a supply of drinking water, a properly designed sewage disposal system, and a properly designed storm drainage system. Private water supplies and/or private sewage disposal systems shall not be recognized by the Authority unless the requisite Certificate(s) of Approval has been granted by the provincial government authorities. 72. Payment of Service Levies and Other Charges No permit shall be issued for the development of a subdivision until agreement has been reached for the payment of all fees levied by the Authority for connection to services, utilities and streets deemed necessary for the proper development of the subdivision, and all service levies and other charges imposed under Section B Regulations 13 and 14. 73. Issue of Permit Subject to Considerations A permit shall not be issued when, in the opinion of the Authority, the development of a subdivision does not contribute to the orderly growth of the municipality and does not demonstrate sound design principles. In considering an application, the Authority shall, without limiting the generality of the foregoing, consider: (a) the location of the land; (b) the availability of and the demand created for schools, services, and utilities; (c) the provisions of the Plan and Section B Regulations affecting the site; (d) the land use, physical form and size of buildings anticipated to be developed on the new lots and the character of adjacent developments related the same factors; (e) the transportation network and traffic densities affecting the site; (f) the relationship of the project to existing or potential sources of nuisance: 37 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (g) topography, soil and subsoil characteristics of each lot, and the related difficulty or cost of landscaping and access; (h) the drainage of the site and potential for affecting drainage of adjacent land; (i) natural features such as lakes, streams, topsoil, trees and shrubs; (j) prevailing winds; (k) visual quality; (I) community facilities; (m) energy conservation; (n) such other matters as may affect the proposed development. 74. Building Permits Required Notwithstanding the approval of a subdivision by the Authority, a separate permit shalt be obtained pursuant to these Development Section B Regulations for each building proposed to be erected in the area of the subdivision, and no such permit for any building in the area shall be issued until the developer has complied with all the provisions of these Section B Regulations with respect to the development of the subdivision. 75. Form of Application Application for a permit to develop a subdivision shall be made to the Authority in accordance with Section B Regulation 17. 76. Subdivision Subject to Zoning The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the Zoning Maps. 77. Building Lines The Authority may establish building lines for any subdivision street and reqtiire any new building to be located on such building lines. 78. Land for Public Open Space (1) Before a development commences, the developer shall, if reqtiired, dedicate to the Authority, at no cost to the Authority, an area of land equivalent to not more than 10% of the gross area of the subdivision or 25 m2 for every dwelling unit permitted in the subdivision, whichever is the greater, for public open space, provided that: (a) where land is subdivided for any purpose other than residential use, the Authority shall determine the percentage of land to be dedicated; 38 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (b) if, in the opinion of the Authority, no public open space is reqtiired, the land may be used for such other public use as the Authority may determine; (c) the location and suitability of any land dedicated under the provisions of this Section B Regulation shall be subject to the approval of the Authority but in any case, the Authority shall not accept land which, in its opinion is incapable of development for any purpose; (d) the Authority may accept from the developer in lieu of such area or areas of land the payment of a sum of money equal to the value of the land which would otherwise be required to be dedicated; (e) money received by the Authority in accordance with Section B Regulation 7$(l)(d) above, shall be reserved by the Authority for the purpose of the acquisition or development of land for public open space or other public purpose. (2) Land dedicated for public use in accordance with this Section B Regulation shall be conveyed to the Authority and may be sold or leased by the Authority for the purposes of any development that conforms with the requirements of these Section B Regulations, and the proceeds of any sale or other disposition of land shall be applied against the cost of acqtlisition or development of any other land for the purposes of public open space or other public purposes. (3) The Authority may require a strip of land to be reserved and remain undeveloped along the banks of any river, brook or pond, and this land may, at the discretion of the Authority, constitute the requirement of land for public use under Section B Regulation 78(1). 79. Structure in Street Reservation The placing within any street reservation of any structure (for example, an electrical power, telegraph or telephone pole, fire hydrant, mail box, fire alarm, or sign post) shall receive the prior approval of the Authority which shall be satisfied on the question of safe construction and relationship to the adjoining buildings and other structures within the street reservation. 80. Subdivision Design Standards No permit shall be issued for the development of a subdivision under these Section B Regulations unless the design of the subdivision conforms to the following standards: (a) The finished grade of streets shall not exceed 10 percent. (b) No cul de sac may be created by act of subdivision except where a temporary cul de sac is involved, ie: a temporary street ending constructed and used tintil an 39 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 extension of the street into adjacent lands is achieved. Every such temporary cul de sac shall be provided with a turning circle of a diameter of not less than 30 m. and include a street reservation to enable eventual extension of the street. (c) The maximum length of any temporary cul de sac shall be: (1) 200 m in areas served by or planned to be served by municipal piped water and sewer services, as shown in the map and letter of agreement signed by the Authority and the Minister of Municipal Affairs and Environment in connection with municipal capital works program eligibility. (ii) 300 m in areas not served by or planned to be served by municipal piped water and sewer services. (d) Emergency vehicle access to a temporary cul de sac shall be not less than 3 m wide and shall connect the head of the cul de sac with an adjacent street. (e) No temporary cul de sac shall be located so as to appear to terminate a collector street. (f) Streets in subdivisions shall intersect with or prolong an existing street or streets. Street reserves shall be provided to enable future extension of streets into adjacent lands in accordance with the street network described in the Municipal Plan or as directed by the Authority. (g) All street intersections shall be constructed within 5 degrees of a right angle and this alignment shall be maintained for 30 m from the intersection. (h) No street intersection shall be closer than 60 m to any other street intersection. (1) No more than four streets shall join at any street intersection. (j) No street block in the Residential (RES) Zone shall be longer than 490 m between street intersections. (k) Streets in subdivisions shall be designed in accordance with the approved standards of the Authority, but in the absence of such standards, shall conform to the following minimum standards: 40 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 Type of Street Street Pavement Sidewalk Sidewalk Reser- Width Width Number vation 15m 9m I.5m loneach All Streets: side of the street (I) No lot intended for residential purposes shall have a depth exceeding four times the frontage except where topography or unusual dimensions of the lot being subdivided make this impractical. (m) Residential lots shall not be permitted which abut a local street at both front and rear lot lines unless the circumstance is beyond the control of the proponent. (n) The Authority may require any existing natural, historical or architectural feature or part thereof to be retained when a subdivision is developed. to) Land shall not be stibdivided in such a manner as to prejudice the development of adjoining land, and each lot shall be laid out so as to maximize the usefulness of the land to the eventual occupant, with regard to positioning of buildings, driveways, and outdoor storage and activity areas. (p) Flag lots shall not be created by subdivision. (q) A lot to be created for an existing cemetery use or expansion thereof may be of any size and the requirements for access to a public street and for dedication for public open space shall be waived. $1. Engineer to Design Works and Certify Construction Layout (1) Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers and all appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other utilities deemed necessary by the Authority to service the area proposed to be developed or subdivided shall be designed and prepared by or approved by the Engineer. Such designs and specifications shall, ttpon approval by the Authority, be incorporated in the plan of subdivision. (2) Upon approval by the Authority of the proposed subdivision, the Engineer shall certify all work of construction layout preliminary to the construction of the works and thereupon the developer shall proceed to the construction and installation, at his own cost and in accordance with the approved designs and specifications and the construction layout 41 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 certified by the Engineer, of all such water mains, hydrants, sanitary sewers and all appurtenances and of all such streets and other works deemed necessary by the Authority to service the said area. 82. Developer to Pay Engineer's Fees and Charges The developer shall pay to the Authority all the Engineer's fees and charges for the preparation of designs and specifications and for the layout and supervision of construction; such fees and charges being percentages of the total cost of materials and labour for the construction and installation of all works calculated in accordance with the Schedule of Fees recommended by the Association of Professional Engineers of Newfoundland and in effect at the time the work is carried out. 83. Street Works May Be Deferred The construction and installation of all curbs and gutters, catch basins, sidewalks and paving specified by the Authority as being necessary, may, at the Authority's discretion, be deferred until a later stage of the work on the development of the subdivision but the developer shall deposit with the Authority before approval of his application, an amount estimated by the Engineer as reasonably sufficient to cover the cost of construction and installation of the works. In the later stage of the work of development, the Authority shall call for tenders for the work of construction and installation of the works, and the amount so deposited by the developer shall be applied towards payment of the contract cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the amount of the excess. If the contract price is less than the deposit, the Authority shall refund the amount by which the deposit exceeds the contract price. Any amount so deposited with the Authority by the developer shall be placed in a separate savings account in a bank and all interest earned thereon shall be credited to the developer. 84. Transfer of Streets and Utilities to Authority (1) The developer shall, following the approval of the subdivision of land and upon request of the Authority, transfer to the Authority, at no cost to the Authority, and clear of all liens and encumbrances: (a) all lands in the area proposed to be developed or subdivided which are approved and designated by the Authority for public uses as streets, street reserves, or other rights of-way, or for other public use; (b) all services or public works including streets, water supply and distribution and sanitary and storm drainage systems installed in the subdivision that are normally owned and operated by the Authority. 42 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (2) Before the Authority shall accept the transfer of lands, services or public works of any subdivision, the Engineer shall, at the cost to the developer, test the streets, services and public works installed in the subdivision and certify his satisfaction with their installation. (3) The Authority shall not provide maintenance for any street, service or public work in any subdivision until such time as such street, service or public work has been transferred to and accepted by the Authority. 85. Restriction on Sale of Lots The developer shall not develop or dispose of any lot within a subdivision for the purposes of development and no building permit shall be issued until the Authority is satisfied that: (a) the lot can be served with satisfactory water supply and sewage disposal systems, and; (b) satisfactory access to a street is provided for the lots. 86. Grouping of Buildings and Landscaping (1) Each plan of subdivision shall make provision for the grouping of building types and for landscaping in order to enhance the visual aspects of the completed development and to make the most use of existing topography and vegetation. (2) Building groupings, once approved by the Authority, shall not be changed without written application to and subsequent approval of the Authority. 43 Town of Massey Drive Development Regulations for 2017-2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 PART V - USE ZONES 87. Use Zones (1) For the purpose of these Section B Regulations, the Planning Area is divided into Use Zones which are shown on the Land Use Zoning Map I attached to and forming part of these Section B Regulations. (2) Subject to Section B Regulation 87(3), the permitted use classes, discretionary use classes, standards, requirements and conditions applicable to each Use Zone are set out in the Use Zone Tables in Schedule C of these Section B Regulations. (3) Where standards, requirements and conditions applicable in a Use Zone are not set out in the Use Zone Tables in Schedule C, the Authority may in its discretion, determine the standards, requirements and conditions which shall apply. 88. Use Groups, Divisions and Classes The specific uses to be included in each Use Group, Division and Class set out in the Use Zone Tables in Schedule C shall be determined by the Authority in accordance with the classification and examples set out in Schedule B. The examples do not constitute the whole range of possibilities which may be found in their respective classes. 89. Permitted Uses (I) Subject to these Section B Regulations, the uses that fall within the Permitted Use Groups, Divisions, and Classes set out in the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that Use Zone. (2) Where the permitted use is expressed by the title of a "Group" shown in Schedule B, all of the uses in the divisions and classes of uses subordinate to that title shalt be permitted, and likewise where the permitted use is expressed by the title of a "Division" shown in Schedule B, all of the uses in the classes of uses subordinate to that title shall be permitted. 90. Discretionary Uses (]) Subject to these Section B Regulations, the uses that fall within the Discretionary Use Classes set out in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if the Authority is satisfied that the development would not be contrary to the general intent and purpose of these Section B Regulations, the Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and to the public interest, and if the Authority has given notice 44 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 of the application in accordance with Section B Regulation 32 and has considered any objections or representations which may have been received on the matter. (2) Where the discretionary use is expressed by the title of a "Group" shown in Schedule B, all of the uses in the divisions and classes of uses subordinate to that title shall be permitted. and likewise where the discretionary use is expressed by the title of a "Division" shown in Schedule B. all of the uses in the classes of uses subordinate to that title shall be permitted, subject to the provisions of subsection (1). 91. Uses Not Permitted Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone. 45 n Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 SCHEDULE A DEFINITIONS ACCESS: A way used or intended to be used by vehicles, pedestrians or animals in order to go from a street to adjacent or nearby land or to go from that land to the street. (Refer to Minister 's Development Regulations, Janziaiy 2, 2001,) ACCESSORY BUILDING: (1) 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, ftiel sheds, vegetables storage cellars, shelters for domestic pets or radio and television antennas, (iii) for commercial uses, workshops or garages, and (iv) for industrial uses, garages, offices, raised ramps and docks. (Refer to Minister's Development Regulations, Januaiy 2, 200]) ACCESSORY USE: A use that is subsidiary to a permitted or discretionary use and that is customarily expected to occur with the permitted or discretionary cise. (Refer to Minister's Development Regulations, Januwy 2, 200]) ACT: The Urban and Rural Planning Act. 2000. ADVERTISEMENT: Any word, letter, model. sign. placard, board, notice, device or representation, whether illuminated or not, in the nattire of and employed wholly or in part for the purposes of advertisement, announcement or direction; excluding such things employed wholly as a memorial, or functional advertisement of Councils, or other local authorities, public utilities and public transport undertakers, and including any boarding or similar structure used or adapted for use for the display of advertisements. 46 '-S Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 AGRICULTURE: Horticulture, fruit growing, grain growing, seed growing, dairy farming, the breeding or rearing of animals for pet or commercial uses including raising of livestock or any other creature kept for the production of food, wool, skins, or fur, or for the purpose of its use in the farming of land, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds and the use of land for woodlands where that use is ancillary to the farming of land for any other purpose. "Agricultural" shall be construed accordingly. AMUSEMENT USE: The use of land or buildings equipped for the playing of electronic, mechanical, or other games and amusements including electronic games, pinball games and slot machine arcades and billiard and pool halls. ANIMAL UNIT: Any one of the following animals or groups of animals: I bull; I dairy cow; 2 heifers; 2 beef cattle; 5 calves, veal or otherwise; I sow in farrow to finish operation (3 sows if under 150 kg live weight); 6 hogs; 3 boars; 150 female mink (including associated males and kits); 200 rabbits; 40 foxes; 7 goats; 4 hogs (based on 453.6 kg = I unit); I horse (including foal); $ sheep--ewes (16 lambs); 125 laying hens; 500 turkeys, ducks, geese (based on 2,268 kg live weight = I unit). 1000 broiler chickens or roosters (1.8-2.3 kg each); 4 dogs. 47 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 APARTMENT BUILDING: A bttilding containing three or more dwelling units, but does not include a row dwelling. APPLICANT: A person who has applied to an Authority for an approval or permit to carry out a development. APPEAL BOARD: The appropriate Appeal Board established under the Act. ARTERIAL STREET: The streets in the Planning Area constituting the main traffic arteries of the area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map. AUTHORITY: The Town Council of Massey Drive. BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons other than the immediate family ofthe owner or tenant. BOAT SHED or BOAT HOUSE or STAGE or WHARF: a building or structure located on land or in the water, at the edge of a water body, and used to house or berth boats and to store related gear and equipment. BOAT HOUSE: see Boat Shed BUILDING: Every structure, erection, excavation, alteration or improvement whatsoever placed on, over or under land, or attached, anchored or moored to land, and includes mobile structures, vehicles and marine vessels adapted or constructed for residential, commercial, industrial and other like uses, and any part of a building as so defined and any fixtures that form part of a building. BUILDING HEIGHT: The vertical distance, meastired in metres from the established grade to the (i) highest point of the roof surface of a fiat 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, n 4$ Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 steeples and ptirely ornamental structures above a roof. (Refer to Minister's Development Regulations, Jamtary 2, 200]) BUILDING LINE: A line established by an Authority that runs parallel to a street line and is set at the closest point to a street that a building may be placed. ('Refer to Minister's Development Regulations, January 2, 2001) BUILDING LINE SETBACK: see Front Yard Depth. COLLECTOR STREET: A street that is designed to link local streets with arterial streets and which is designated as a collector street in the Municipal Plan, or on the Zoning Map. CONVENIENCE STORE: A small retail store that carries limited lines of goods, such as a partial line of groceries, housewares, and clothing; gifts; speciality items; and, other goods, and which has a floor area dedicated to retail sales (including storage area) not exceeding 100 square metres.. DAYCARE CENTRE or DAY NURSERY: A building or part of a building in which services and activities are regularly provided to children of pre-school age during the full daytime period as defined under the Day Nurseries Act, but does not include a school as defined by the Schools Act. DEVELOPMENT: The carrying out of any building, engineering, mining or other operations in, on, over, or under land, or the making of any material change in the use, or the intensity of use of any land, buildings, or premise and without limiting the generality of the foregoing, shall specifically include: (a) the making of an access onto a highway, road or way; (b) the erection of an advertisement or sign; (c) the parking of a trailer, or vehicle of any description used for the sale of refreshments or merchandise, or as an office, or for living accommodation, for any period of time; and shall exclude: 49 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED DY COUNCIL 28 SEPTEMEER 2017 (d) the carrying out of works for the maintenance. improvement or other alteration or any building, being works which affect only the interior ofthe building or which do not materially affect the external appearance or use of the building; (e) the carrying out by a highway Authority of any works required for the maintenance or improvement of a road, being works carried out on land within the boundaries of the road reservation; (1) the carrying out by any local Authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any Street or other land for that purpose; (g) the tise of any building or land within the courtyard of a dwelling house for any purpose incidental to the enjoyment of the dwelling house as such. DEVELOPMENT REGULATIONS: Regulations respecting development that have been enacted by the relevant Authority. DISCRETIONARY USE: A use that is listed within the discretionary use classes established in the use zone tables of an Authority's development regulations. (Refer to Minister's Development Regulations, January 2, 200]) DIRECTOR: The Director of Urban and Rural Planning or successor official. DOUBLE DWELLING: A building containing two dwelling units, placed one above the other, or side by side, btit does not include a self-contained dwelling containing a subsidiary apartment. DWELLING UNIT: A self-contained unit consisting of one or more habitable rooms used or designed as the living quarters for one household. ENGINEER: A professional engineer employed or retained by the Authority. 50 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 ESTABLISHED GRADE: (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. (Refer to Minister's Developmenl Regulations, January 2, 2001) FAMILY AND GROUP CARE CENTRE: A dwelling accommodating up to but no more than six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this definition includes, but is not limited to, facilities called "Family and Group Homes", "Group Homes", "Halfway Houses", and "Foster Homes", and is classified in the Classification Table in Schedule B as "Family & Group Homes". FLAG LOT: A lot characterized by a shape in which the lot's main body of land is located some distance from a street, typically lying behind other lots located along the street line, and in which the main body of the lot is joined to the street by a narrower leg or prolongation which is part of the flag lot; an easement or right of way across another lot so as to gain access to a street does not create a flag lot. A flag lot is so named because its shape in a simple rectangular configuration resembles a flag on a pole, where the main body of the lot is separated from the street and access to the street is along the part of the lot having the narrow pole shape (the street lies at the foot of the pole). The "pole" or narrow leg or prolongation lying between the main body of the lot and the street may be of any configuration, not necessarily of uniform width; the minimum width thereof is stated in Regulation 61. The concept is illustrated below: 51 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 C RECTANGULAR SHAPE IRREGULAR SHAPE E F L C F C C FLANKAGE YARD: The yard of a corner lot lying between the street tine along the longest axis ofthe lot and the main building on that side of the lot; on a corner lot wherein the two street t tines are approximately the same length, the Authority shati determine which yard shalt be r deemed to be the front yard and which one the flankage yard. C FLOOR AREA: The total area of all floors in a buitding measured to the outside face of exterior watts. (Refer to Minister's Development Regulations, Januwy 2, 200]) FRONTAGE: The horizontal distance between side lot lines measured at the building line. (Refer to Minister 's Development Regulations, January 2, 2001) FRONT YARD DEPTH: The distance between the front lot line of a lot and the front wall of [ the main building on the lot. This has the same meaning as "building line setback" as used in the use zone tables. C GARAGE: A buitding erected for the storage of motor vehictes as an ancillary use to a main building on the lot. [ lot STREET STREET a: main body of the flag lot h: leg or prolongation of the flag lot to proide access to a street L 52 C C Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up, demolishing, or treating any article, commodity or substance. TTlndustry't shall be construed accordingly. GENERAL GARAGE: Land or buildings used exclusively for repair, maintenance and storage of motor vehicles and may include the sale of gasoline or diesel oil. HAZARDOUS INDUSTRY: The use of land or buildings for industrial purposes involving the use of materials or processes which because of their inherent characteristics, constitute a special fire, explosion, radiation or other hazard. INSPECTOR: Any person appointed and engaged as an Inspector by the Authority or by any federal or provincial Authority or the agent thereof. INSTITUTION: A building or part thereof occupied or used by persons who: (a) are involuntarily detained, or detained for penal or correctional purposes, or whose liberty is restricted, or; (b) require special care or treatment because of age, mental or physical limitations or medical conditions. LAND: Includes land covered by water, and buildings and structures on, over, or under the soil and fixtures that form part of these buildings and structures. LIGHT INDUSTRY: Use of any land or buildings for any general industrial use that can be carried out without hazard or intrusion and without detriment to the amenity of the stirrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance. LOCAL STREET: A street designed primarily to provide access to adjoining land and which is not designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map. LODGING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons other than the immediate family of the owner or tenant. 53 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 LOT: Any plot, tract or parcel of land which can be considered as a unit of land for a particular use or bttilding. (Refer to Minister's Development Regulations, January 2, 2001) LOT AREA: The total horizontal area within the lot lines of the lot. (Refer to Minister's Development Regulations, Januaiy 2, 2001) LOT COVERAGE: The combined area of all buildings on the lot measured at the level of the lowest floor above the established grade expressed as a percentage of the total area of the lot. (Refer to Minister 's Development Regulations, January 2, 2001) MINERAL WORKING: Land or buildings used for the exploration, working or extraction of any naturally occurring substance MOBILE HOME: A transportable factory-built single family dwelling unit: (a) which complies with space standards substantially equal to those laid down in the Canadian Code for Residential Construction and is in accordance with the construction standards laid down and all other applicable Provincial and Municipal Codes and; (b) which is designed to be: (1) 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, with or without the wheels left attached, and; (ii) connected to exterior public utilities approved by the Authority, namely, piped water, piped sewer, electricity and telephone, in order for such mobile home unit to be suitable for year round term occupancy. MOBILE HOME PARK: A mobile home development under single or joint ownership, cared for and controlled by a mobile home park operator where individual mobile home lots are rented or leased with or without mobile home units placed on them and where ownership and responsibility for the maintenance and development of site facilities including underground services, access roads, communal areas, snowclearing and garbage collection, or any of them, are 54 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 the responsibility of the mobile home park management, and where the mobile home development is classified as a mobile home park by the Authority. MOBILE HOME SUBDIVISION: A mobile home development requiring the subdivision of land whether in single or joint ownership into two or more pieces or parcels of land for the purpose of locating thereon mobile home units under either freehold or leasehold tenure and where the maintenance of streets and services is the responsibility of a municipality or public Authority, and where the mobile home development is classified as a mobile home stibdivision by the Authority. NON-CONFORMING USE: means a legally existing use that is not listed as a permitted or discretionary use for the use zone in which it is located or which does not meet the development standards for that use zone. (Refer to Minister's Development Regulations, January 2, 200]) OWNER: means a person or an organization of persons owning or having the legal right to use the land under consideration. (Refer to Minister 's Development Regulations, Januan' 2, 200]) PARKING AREA: means an open area containing parking spaces and any interior aisles and lanes necessary for parking and movement of motor vehicles. PARKING SPACE: means a space exclusive of any driveways or interior aisles or lanes, upon which one motor vehicle may be parked. 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. (Refer to Minister's Development Regulations, Januamy 2, 2001) PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working. PROHIBITED USE: means a use that is not listed in a use zone within the permitted use classes or discretionary use classes or a use that an Authority specifies as not permitted within a use zone. (Refer to Minister 's Development Regulations, January 2, 2001) REAR YARD DEPTH: means the distance between the rear lot line and the rear wall of the main building on the lot. (Refer to Minister 's Development Regittations, January 2, 2001) 55 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 RESTAURANT: A building or part thereof, designed or intended to be used or occupied for the purpose of serving the general public with meals or refreshments for consumption on the premises. ROW DWELLING: Three or more dwelling units at ground level in one building, each unit separated vertically from the others. SEASONAL RESIDENCE: A dwelling which is designed or intended for seasonal or recreational use, and is not intended for use as permanent living quarters. SERVICE STATION: Any land or building used exclusively for the sale of petroleum products, automotive parts and accessories, minor repairs, washing and polishing of motor vehicles. SERVICE STREET: A street constructed parallel to or close to another street for the purpose of limiting direct access to that street. SHOP: A building or part thereof used for retail trade wherein the primary purpose is the selling or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of retail services but does not include an establishment wherein the primary purpose is the serving of meals or refreshments, an amusement use, a general garage, or a service station. SHOPPING CENTRE: A group of shops and complementary uses with integrated parking and which is planned, developed and designed as a unit containing a minimum of 5 retail establish ments. SHOWROOM: A building or part of a building in which samples or patterns are displayed and in which orders may be taken for goods, wares or merchandise, including vehicles and equipment, for later delivery. SIDE YARD DEPTH: means the distance between a side lot line and the nearest side wall of any building on the lot. (Refer to Minister's Development Regulations, January 2, 2001) 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, 56 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 announcement or direction and excludes those things employed wholly as a memorial, advertisements of local government, utilities and boarding or similar structures tised for the display of advertisernents.Refer to Minister's Development Regulations, Janua,y 2, 2001) STAGE: see Boat Shed 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. (Refer to Minister 's Development Regitlations, January 2, 2001) STREET LINE: means the the edge of a street reservation as defined by the Authority having jurisdiction. (Refer to Minister's Development Regulations, January 2, 200]) SUBDIVISION: The dividing of any land, whether in single or joint ownership, into two or more pieces for the purpose of development. SUBSIDIARY APARTMENT: A separate dwelling unit constructed within and subsidiary to a self-contained dwelling. TAKE-OUT FOOD SERVICE: A building in which the primary purpose is the preparation and sale of meals or refreshments for consumption off the premises. TAVERN: Includes a nightclub and means a building licensed or licensable under the Liquor Control Act wherein meals and food may be served for consumption on the premises and in which entertainment may be provided. USE: means a building or activity situated on a lot or a development permitted on a lot. (Refer to Minister 's Development Regulations, January 2. 2001) 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. (Refer to Minister 's Development Regulations, Janua,y 2, 2001) 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 57 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 Table ofthe Authority's regulations. (Refer to Minister's Development Regulations, Januwy 2, 2001) WHARF: see Boat Shed WIND ENERGY SYSTEM or WIND TURBINE: means a mechanical system for the conversion of wind energy to useful electrical or mechanical energy; a typical wind energy system consists of a tower or mast supporting a rotating apparatus including a rotor, generator and mechanical drives, and ancillary devices related to the control and maintenance of the system. A tower supported wind ttirbine is self-supporting whereas a mast is stayed with guy wires; for the purpose of these Regulations, the words "tower" and "mast" are used interchangeably. ZONING MAP: The map or maps attached to and forming part of the Authority's regulations. (Refer to Minister 's Development Regulations, Jcmuari' 2, 200]) 58 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 SCHEDULE B CLASSIFICATION OF USES OF LAND AND BUILDINGS The classification of uses set out in the following table is based on the Classification of Typical Occupancies included as Table 3.1 .2.A of the National Building Code of Canada, 1980. This classification is referred to in Regulation 87. GROUP DIVISION CLASS EXAMPLES A. ASSEMBLY I. Assembly Uses for the pro- (a) Theatre Motion Picture Theatres USES duction and viewing of the T.V. Studios admitting an performing arts. audience. 2. General Assembly Uses (a) Cultural Libraries and Civic Museums Art Galleries Court Rooms Meeting Rooms Council Chambers (b) General Community Halls Assembly-halls and Lodge FlaIls active exercise uses Dance Flails Gymnasia Auditoria Bowling Alleys (c) Educational Schools Colleges (non- residential) (d) Place of Churches and similar places of Worship worship. Church Flails (e) Passenger Passenger Terminals Assembly (f) Club and Private Clubs and Lodge Lodges (non-residential) (g) Catering Restaurants Bars Taverns (h) Funeral Funeral Homes and Chapels Home (i) Child Care Day Care Centres (1) Amusement Electronic Games Arcades Pinball Parlours Poolrooms 59 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 GROUP DIVISION CLASS EXAMPLES A. ASSEMBLY 3. Arena-type Uses (a) Indoor Arenas USES Assembly Armouries (continued) Ice Rinks Indoor Swimming Pools 4. Open-air Assembly Uses (a) Outdoor Bleachers Assembly Grandstands Outdoor Ice Rinks and Swimming Pools Amusement Parks and Fair grounds Exhibition Grounds Drive-in Theatres B. INSTITU- 1. Penal and Correctional (a) Penal and Jails TIONAL Institutional Uses Correctional Penitentiaries USES Detention Police Stations (with detention quarters) Prisons Psychiatric Hospitals (with detention quarters) Reformatories 2. Special Care (a) Medical Childrens Homes Institutional Uses Treatment Convalescent Homes and Special Homes for Aged Care Hospitals Infirmaries Orphanages Psychiatric Hospitals Sanatoria C. RESIDENTIAL 1. Residential (a) Single Single Detached USES Dwelling Dwelling Dwellings Uses Family & Group Homes (b) Double Semi-detached Dwelling Dwelling Duplex Dwellings Family & Group Homes n 60 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 GROUP DIVISION CLASS EXAMPLES C. RESIDENTIAL I. Residential (C) Row Row Houses USES Dwelling Dwelling Town Houses (continued) Uses (continued) Family & Group Homes (U) Apartment Apartments Building Family & Group Homes 2. General Residential Uses (a) Collective Residential Residential Colleges & Schools University & College Halls of Residence Convents & Monasteries Nurses and Hospital Residences (b) Boarding Boarding Houses House Lodging Houses Residential (c) Commercial Hotels & Motels Residential Hostels Residential Clubs ( d) Seasonal Summer Homes & Residential Cabins Hunting & Fishing Cabins Campgrounds Recreational Vehicle Parks (e) Mobile Mobile Homes Homes D. BUSINESS 1. Business, Professional, and (a) Office Offices (including & PERSONAL Personal Service Uses Government SERVICE Offices) USES Banks (b) Medical & Medical Offices and Consulting Professional Rooms Dental Offices & Surgeries Legal Offices Similar Professional Offices (c) Personal Barbers Service Hairdressers Beauty Parlours Small Appliance Repairs 61 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 C GROUP DIVISION CLASS EXAMPLES D. BUSINESS & 1. Business, (d) General Self-service PERSONAL Professional Service Laundries SERVICE & Personal Dry Cleaners (not using USES Service Uses flammable or explosive (continued) (continued) substances) Small Tool and Appliance Rentals Travel Agents (e) Communications Radio Stations Telephone Exchanges (f) Police Police Stations Station without detention quarters (g) Taxi Stand Taxi Stands (h) Take-out Take-out Food Food Service Service (I) Veterinary Veterinary Surgeries E. MERCANTILE 1. Retail Sale and (a) Shopping Shopping Centres USES Display Uses Centre (b) Shop Retail Shops and Stores and Showrooms Department Stores (c) Indoor Market Halls Market Auction Halls (U) Outdoor Market Grounds Market Animal Markets Produce and Fruit Stands Fish_Stalls (e) Convenience Confectionary Store Stores Corner Stores Gift Shops Specialty Shops C C C C C C a C C C C C C C 62 0 C 0 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 GROUP DIVISION CLASS EXAMPLES F. INDUSTRIAL 1. Industrial uses involving (a) Hazardous Bulk Storage of USES highly combustible and Industry hazardous hazardous substances and liquids and sub processes. stances. Chemical Plants Distilleries Feed Mills Lacquer, Mattress, Paint, Varnish, and Rubber Factories Spray Painting 2. General (a) General Factories Industrial Industry Cold Storage Uses involving Plants Limited Freight Depots Hazardous General Garages Substances and Warehouses Processes. Workshops Laboratories Laundries Planing Mills Printing Plants Contractors' Yards (b) Service Gasoline Service Station Stations Gas Bars 3. Light, Non- (a) Light Light Industry hazardous or Industry Parking Garages Non-intrusive Indoor Storage Industrial Uses. Warehouses Workshops G. NON- 1. Uses not directly (a) Agriculture Commercial Farms BUILDING related to Hobby Farms USES building Market Gardens & Nurseries ( b) Forestry Tree Nurseries Silviculture (c) Mineral Quarries Working Pits Mines Oil Wells 63 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 GROUP DIVISION CLASS EXAMPLES G. NON- BUILDING USES (continued) 1. Uses not directly related to building. (continued) (d) Recreational Open Space Playing Fields Sports Grounds Parks Playgrounds (e) Conservation Watersheds Buffet Strips Flood Plains Architectural, Historical and Scenic Sites Steep Slopes Wildlife Sanctuaries (f) Cemetery Cemeteries Graveyards (g) Scrap Yard Car Wrecking Yards Junk Yards Scrap Dealers (h) Solid Waste Solid Waste Disposal Sanitary Land Fill Incinerators fi) Animal Animal Pounds Kennels Zoos (j) Antenna or Wind TV, Radio and Turbine Communications Transmitting and Receiving Masts and Antennas Wind Turbine t I t C C I t [ C (k) Transportation Airfields Railway Yards Docks and Harbours 64 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 SCHEDULE "C" USE ZONE TABLES NOTE: This schedule contains tables showing the use classes which may be permitted or which may be treated as discretionary use classes for the purpose of these Regulations. The tables also indicate the required standards of development and may also include conditions affecting some or all of the use classes. The schedule contains tables for the following Use Zones, for which the abbreviations are as noted: Residential RES Public and Community Use PCU Commercial/Industrial COM/IND Urban Reserve UR Protected Water Supply PWS 65 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 USE ZONE TABLE ZONE TITLE RESIDENTIAL (RES) (MASSEY DRIVE) PERMITTED USES 1) Single dwelling class (excludes mobile homes) and subsidiary apartments therein 2) Double dwelling class DISCRETIONARY USES The following classes: I) row dwelling and apartment 2) home businesses only in the classes of uses listed below 3) cultural and civic 4) general assembly 5) educational 6) place of worship 7) funeral home 8) child care 9) office 10) medical and professional 11) personal service 12) general service 13) veterinary 14) convenience store 15) recreational open space 16) conservation 17) cemetery and the following specific use: 18) family and group care centre NOTE: see Section B Regulation 10 concerning the Discretionary Powers of Authority. 66 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 STANDARDS WHERE_PERMITTED Single Double Ro APARTMENT_BUILDING Dtvelling. Dwelling Dwelling Mobile Home 1 3 4 + + all other Bed Bed Bed Bed uses not Apt. Apt. Apt. Apt. named Lot area (m2) minimum 450 390 350 200 250 280 300 * * * * * * (550 with . . (averace) subsidiary apartment) Floor area (m2) 80 m2 80 65 40 50 60 70 minimum (see * * * * * * Condition 3 for subsidiary apartments) Frontage (m) minimum 15 26 2 42 Except for: (average) Dwelling with subsidiary apartment 18.3 Corner lots 18 3 Building Line Setback 7.6 8 8 15 (m) except in flankage yard (see below) (minimum) Building Line Setback 30 30 30 30 (m) (maximum) Flankage yard depth 5 8 8 15 (m) (minimum) Rearyard Depth (m) 9 9 9 9 (minimum) Sideyard width (m) 1.2 on one side 1.2 on one 1.2 on one 5 (minimum) . side side 3 on other side See Condition 8 for 3 on the 3 on the subdivisions, other other Lot Coverage(%) 33 33 33 33 (maximum) Height (m) (maximum) 8 8 10 10 Per dwelling unit. 67 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 CONDITIONS Discretionary Uses The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are in compliance with the policies of the Municipal Plan and the requirements of the Development Regulations, and are complementary to uses within the permitted use classes and that their development will not inhibit or prejudice the existence or the development of such uses. 2. Accessory Buildings i. On lots with area less than 930 m2, accessory buildings shall have a maximum floor area of 55 m2 for each accessory building, and have total lot coverage of all accessory buildings of no more than 7%, whichever is less. ii. On lots with area over 930 m2, Council may approve at their discretion floor areas of more than 55 m2 for each accessory building, but their total lot coverage shall not exceed 7%. iii. Accessory buildings shall have a maximum height of 3 metres. iv. Accessory buildings shall be a minimum of 3 metres from the nearest part of a main building and a minimum of 1 .2 metres from any lot line. v. Accessory buildings shall be located in the rear yard or side yard of the lot. 3. Subsidiary Apartments Subsidiary apartments shall be permitted in single dwellings only, and subject to the following conditions: (i) The floor area of the subsidiary apartment shall not exceed 50% of the total floor area of the single dwelling (including the area ofthe subsidiary apartment). (ii) The minimum floor area of a subsidiary apartment shall be 40 square metres in addition to the minimum of $0 square metres for the main dwelling area. (iii) External entrances to the subsidiary apartment shall be located so as to enter into 68 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 the side or rear yards of the building. The wall facing the front yard shall have no more than one entrance other than for a door entering an attached garage. (iv) The number and location of off-street parking spaces on the lot shall be determined by Council. (v) Council may at its discretion approve a subsidiary apartment development which would not fully comply with the requirements for lot frontage or lot area or parking requirements, where strict compliance may be relaxed in site-specific, benign circumstances of individual cases. 4. Home Based Businesses Home business uses when permitted as a discretionary use are subject to the following conditions and any other conditions related to the specific site: (I) The use is clearly an accessory use to the residential use and does not detract from the residential character of the neighbourhood. (ii) The use does not alter the residential appearance or require external modification of the dwelling unit. (iii) Activities associated with the use shall be carried on inside the dwelling unit or inside one or more accessory buildings separate from the dwelling structure but on the same lot. (iv) Not more than twenty-five per cent of the floor area of the dwelling up to a maximum of forty-five square metres, whichever is less, in the dwelling is devoted to the use. for a convenience store in a dwelling, not more than one half of the total floor area of the btiilding may be used, with no maximum area for the convenience store use. The dwelling unit component of the floor area in the dwelling building must continue to meet the dwelling unit minimum floor area requirement. All or some of the floor areas in accessory buildings may be tised for the home business use. (v) The use is operated by resident(s) of the dwelling unit and does not employ more than one person in addition to the residents. (vi) Office uses shall be limited to small business services and professional offices. 69 P Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (vii) General service uses shall be limited to production of foodstuffs, including prepared meals, for consumption offthe property; production or repair of on-site- made articles such as small devices, clothing and arts and crafts; and, repair or adjustment of small equipment stich as appliances, small engines, compctters, and mechanical devices. (viii) Open or outdoor storage of vehicles, goods or materials is not permitted. (ix) The use shall not generate traffic, sewerage or water use in excess of what is normal in the residential area and can be accommodated by the existing municipal street, water and sewer services. (x) Activities associated with the use are to be not hazardous and not cause noticeable noise, odour, dust or fumes, nor cause electrical interference or in any other way result in a nuisance to the occupants of surrounding residences. (xi) No sign will be permitted other than a name plate not exceeding 0.2 m in area which is attached to each of the building(s) in which home businesses are located. No illumination or movement of the signs will be permitted. (xii) The Authority may require fencing, screening and separation or a combination of the two to protect the amenity of adjacent uses. (xii) Parking requirements are as set out in Schedule D, but a minimum of one space is required for a home business use in addition to the minimum reqtiired parking for the dwelling. (xiv) The residential lot has sufficient area to accommodate the parking requirements of both the dwelling unit and the home business use. (xv) No change in type, class or extent of the use shall be permitted except in accordance with a permit issued at the discretion of the Authority. 5. Keeping of Animals Keeping of small animals such as dogs, cats, small birds and the like customarily kept as 70 P t. i Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 household pets, is permitted. Keeping of larger birds such as but not limited to chickens, ducks. peacocks, and geese, is prohibited. Permits or Council approvals are not required for keeping of pets. Note to readers: the Towiz oJMassev Drive does not become involved by virtue ofthese Development Regulations where pets are presenting dangers or nuisances to others, or are not proper/v housed or not given appropriate care. In those cases, regulations concerningpublic health, pub/ic safety. running at /amge, cruehv to animals, noise and other such matters better enable authorities to deal vitl, ofJènding behaviour. 7. Service Structures with plumbing shall be connected to water and sewer services. 8. Access and Separation of Buildings in Subdivisions (I) The frontage of each lot shall be on a ptiblicly owned and maintained street and access to the lot must be obtained from this street. (ii) In subdivisions approved after these Development Regulations come into effect, the location of the minor and major sideyards noted in the Use Zone Table for the main buildings shall be repeated sequentially up the subdivision street, ie: such that all the minor sideyards of 1.2 metres are on the same side of the lot. and those of 3 metres in the same manner on the other side, so that the main buildings will be a minimum of 4.2 metres apart, where the main buildings are compactly arranged with respect to each other. The requirement for the major side yard of a minimum of 3 metres shall not apply where the main building on the lot abutting that side line is located such that the distance between the main buildings is at least 4.2 metres. 9. Mobile Homes and Mobile Home Parks Mobile homes and mobile home parks are not permitted. 10. Family and Group Care Centres See Section B Regulation 43 for criteria for approval at Council's discretion. 11. Structures in Yards See Section B Regulation 57 for requirements for location of structures in yards, including fences, accessory buildings and retaining walls. 71 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 12. Minimum Dimension Main Walls in Main Building The minimum dimension of each main wall in the main building shalt be 6 metres, measured as the overall length of each main wall along the axis of the walls, including the lengths of indentations or projections. 13 Storage for Dwellings There shall be a minimum of 10 square metres of storage provided in or for each dwelling unit, including each subsidiary apartment, in the form of space within the dwelling structure or in an accessory building on the lot. U U El U Li H A 72 U U Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 25 SEPTEMBER 2017 USE ZONE TABLE ZONE TITLE COMMERCIAL/INDUSTRIAL (COM/IND) (MASSEY DRIVE) PERMITTED USES 1. Uses in the agriculture (excluding any use involving animals), forestry and conservation use classes 2. Existing industrial and residential uses. DISCRETIONARY USES 1. Assembly group 2. Institutional group 3. Btisiness and personal service group 4. Mercantile group 5. Industrial group except the hazardous industry class 6. forestry class 7. Agricultural class, excluding any use involving keeping of animals 8. Recreational open space class 9. Animal class 10. Antennas and wind turbines with towers up to 15 metres NOTE: see Section B Regulation 10 concerning the Discretionary Powers of Authority. CONDITIONS Development Standards The development standards for this zone shall be as follows: a. Minimum Lot Area 450 square metres or as required for use of private water and/or sewer services b. Minimum Lot Frontage 20 metres c. Minimum Building Line Setback * 10 metres d. Minimum Sideyard Width * 5 metres e. Minimum Rearyard Depth * 15 metres f. Maximum Height * 15 metres * Except for wind turbines and antennas -- see Condition 2. 73 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 I. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are in compliance with the policies of the Municipal Plan and the requirements of the Development Regulations, and are complementary to uses within the permitted use classes and that their development will not inhibit or prejudice the existence or the development of such uses. 2. Wind Turbines and Antennas Wind turbines and antennas wherein the tower height is less than 15 metres may be approved as discretionary uses. In addition to other requirements, the minimum setback of the tower of such structures from all lot lines shall be 10 metres plus (in the case of wind turbines) the length of one rotor blade, for safety reasons related to ice shedding from the blades. In addition, gtiy wires and anchors must be on the same lot as the tower. 3. Water and Sewer Services U Private water supplies and private sewage disposal systems are acceptable but are subject to the proponent securing Certificates of Approval from provincial government U authorities. 4. Standards and Conditions for Lots with Existing Dwellings Existing dwellings may be enlarged, replaced or otherwise altered. The standards and conditions applicable to development on lots where existing dwellings are located shall be the same as those in the Use Zone Table for the Residential (RES) Zone. LI ci U 74 0 U Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 USE ZONE TABLE ZONE TITLE PUBLIC AND COMMUNITY USE (PCU) (MASSEY DRIVE) PERMITTED USES 1) Recreational open space and conservation use classes 2) Antennas of under 15 metres tower height at the Town lot on Massey Drive 3) Existing general garage and workshop uses including outdoor storage of materials and equipment DISCRETIONARY USES Uses in the assembly uses group, excluding the place of worship, club and lodge, catering and funeral home classes. NOTE: see Section B Regulation 10 concerning the Discretionary Powers of Authority. CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion ofthe Authority provided that they are in compliance with the policies of the Municipal Plan and the requirements of the Development Regulations, and are complementary to uses within the permitted use classes and that their development will not inhibit or prejudice the existence or the development of such uses. 2. Development Standards and Environmental Effects of Development a) Any significant alteration of landscapes and water features shall be subject to careful review of the environmental impacts and sustainability of the purpose. b) Any forestry developments shall be in accordance with a professionally prepared forest management plan approved by Council. c) Development standards shall be the same as for the Urban Reserve (UR) Zone. 75 fl Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 USE ZONE TABLE ZONE TITLE URBAN RESERVE (UR) (MASSEY DRIVE) PERMITTED USES Conservation and recreational open space classes. DISCRETIONARY USES Discretionary uses are limited to forestry developments. NOTE: see Section B Regulation 10 concerning the Discretionary Powers of Authority. CONDITIONS 1. Development Standards The development standards for building in this zone shall be as follows: a. Minimum Building Line Setback 30 metres b. Minimum Sideyard Width 30 metres c. Minimtim Rearyard Depth 30 metres d. Maximum Height 8 metres e. Minimum Frontage 100 metres 2. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are in compliance with the policies of the Municipal Plan and the requirements of the Development Regulations, and are complementary to uses within the permitted use classes and that their development will not inhibit or prejudice the existence or the development of such uses. n 3. Forestry Uses Any forestry developments shall be in accordance with a professionally prepared forest management plan approved by Council. 76 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 USE ZONE TABLE ZONE TITLE PROTECTED WATER SUPPLY (PWS) (MASSEY DRIVE) PERMITTED USES The permitted uses in these areas are limited to conservation class uses and uses related to the management of the lands and the water utility works. DISCRETIONARY USES Uses permitted at Council's discretion include those in the forestry class, but only as may be requested by the City of Corner Brook and only in conjunction with an approved, professionally prepared forestry management plan. NOTE: see Section B Regulation 10 concerning the Discretionary Powers of Authority. CONDITIONS Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are in compliance with the policies of the Municipal Plan and the requirements of the Development Regulations, and are complementary to uses within the permitted use classes and that their development will not inhibit or prejudice the existence or the development of such uses. 77 ci El Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 Schedule B OFF-STREET PARKING REQUIREMENTS Pursuant to Section B Regulation 51, the quantity of off-street parking spaces shall be provided according to the following minimum requirements: U a. Assembly uses other than educational and child care: 1 space for every five seats or if there are no seats, one space for each 100 square metres of floor area devoted to public occupancy b. Educational and child care uses: 2 spaces for each classroom or 25 U students or children, whichever is less u c. Institutional uses I space for each two beds or clientele spaces d. Residential Dwelling uses 2 spaces for each dwelling unit, in which a subsidiary apartment is deemed to be a separate dwelling use requiring a minimum of 2 spaces in addition to the spaces reqtiired for the main dwelling use of the building. e. General Residential uses I space for each rental suite or unit, plus I space for each 10 square metres of common spaces such as common rooms, kitchens, and recreation areas. f. Business and personal service uses I space for each 20 square metres of floor area g. All other uses I space for each 30 square metres of floor area Schedule E: Schedule E, the Land Use Zoning Map 1, is located in a map pocket. ci El Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 DOCUMENTS EXTRA TO THE MUNICIPAL PLAN FOR INFORMATION The appended documents are not part of the Municipal Plan nor the Development Regulations, and are included here for ready reference. TRAFFIC REGULATIONS PUBLISHED BY AUTHORITY Pursuant to the power delegated by the Minister of Transportation and Works under section 1 89 of the Highway Traffic Act, and pursuant to the authority conferred by section 414 (2) (oo) of the Mtinicipalities Act, 1999, the Town of Massey Drive hereby enacts the following Regulations which were adopted at a Public Council Meeting held on the day of February -- A.D. 2013. Gordon Davis MAYOR Rodger Hunt TOWN CLERK/MANAGER 1. TITLE These Regulations shall be known and cited as "The Town of Massey Drive Traffic Regulations." 2. DEFINITIONS In these Regulations, the following words, unless the context otherwise requires, shall have the following meanings: 79 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (a) "Bus" means a motor vehicle designed or used for the transportation of passengers with a seating capacity of 10 or more in addition to the driver, but excluding those motor vehicles when used for personal transportation by the owner or with the owner's permission. (b) "Commercial Motor Vehicle" means a vehicle designated to carry goods and persons and includes a bus, a school bus, a truck (excluding vehicles 1 ¼ tones and under), a truck trailer and other motor vehicles designed for commercial use but does not include camper type vehicles designed or adopted exclusively for recreational purposes. (c) "Council" means the Town Council of Massey Drive (d) "Crosswalk" means: (i) Any part of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface; or (ii) The part of a roadway at an intersection that is included within the connection of the lateral lines of the sidewalks of the opposite sides of a highway, measured from the curbs, or in the absence ofcurbs, from the edge of the roadway. (e) "Driveway" means a clearly defined private roadway, path or passage or a like opening or space which is wide enough, but not wider than is necessary for the passage of a motor vehicle, whereby the owner, occupier or user of property has vehicular access from the roadway to a point within the property. (f) "Emergency Vehicle" means: (i) A motor vehicle driven by a constable or by a member of the police branch of any of Her Majesty's Armed Forces or a peace officer being a member of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police where there is an urgent emergency justifying a rate of speed in excess of any maximum rate of speed provided for in these Regulations; (ii) A motor vehicle carrying firefighting equipment in responding to an alarm of fire; 80 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (iii) An ambulance responding to a call or transporting a patient where there is an urgent emergency justifying a rate of speed in excess of any maximum rate of speed provided for in these Regulations; or (iv) A motor vehicle where there is an urgent emergency. (g) "Highway" means a place or way, including a structure forming part of the place or way, designed and intended for, or used by the public for the passage of traffic and includes all the space between the boundary lines of the place or way. (h) 'Intersection" means the area enclosed within the prolongation or connection ofthe lateral curb lines or ifthere are no curb lines, the lateral boundary lines oftwo or more highways that join one another at an angle, whether or not one of the highways cross the other. (i) "Motor Vehicle" means a vehicle propelled, driven or controlled otherwise than by muscular power, other than a trailer or a vehicle running on fixed rails. (j) "Municipal Enforcement Officer" means for the purpose of these Regulations a peace officer with the powers as outlined in the Municipalities Act, M-24, RSN 1999 and amendments and as outlined in the Highway Traffic Act, RSN 1990 Chapter H-3 and amendments. (k) "Operator" means a person driving a motor vehicle on a highway or who has the care or control of the motor vehicle on a highway whether in motion or not. (I) "Owner" means: (i) The person who holds the legal title to a vehicle; or (ii) In the case of a vehicle that is registered, the person in whose name it is registered. (m) "Park" means to permit a vehicle whether occupied or not, to stand otherwise than temporarily for the immediate purpose of and while actually engaged in loading or unloading goods or taking up or selling down passengers or in obedience to traffic Regulations or traffic signs or the direction of a traffic officer. (n) "Pedestrian" means a person on foot, a handicapped person in a wheelchair, or a child in a carriage or on a sleigh being pushed or pulled. to) "Persons" means any persons, firm, partnership, association, corporation, or any organization of any kind. 81 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (p) "Regulations" means Town of Massey Drive Traffic Regulations made under the authority of the Highway Traffic Act and amendments and the Municipalities Act and amendments. (q) "Roadway" means a portion of a highway that is improved, designed, or ordinarily used for vehicular traffic, but does not include the shoulder unless the shoulder is paved, and where a highway incicides two or more separate roadways, the term "roadway" refers to any one roadway separately and not to all of the roadways collectively. (r) "School bus" means a motor vehicle: (i) Designed or used to carry 7 or more passengers, in addition to the driver; (ii) Owned, operated by or contracted to a school board or agent of a school board; and (iii) Used to transport children to or from school or to and from places other than school for the purpose of school related activities. (s) "Sidewalk" means that portion of a highway between the curb lines or the lateral lines ofa roadway and the adjacent property lines set apart for the use ofpedestrians and includes any part of a highway set apart or marked as being for the exclusive or intended use of pedestrians and is considered to include an area of a highway lying between the curb lines or the lateral lines of a roadway and that portion of a highway set apart for the use of pedestrians. (t) "Stop" when required means the complete cessation of movement. (u) "Stop" or "Stand" when prohibited means any stopping or standing of a vehicle whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the direction of a traffic officer or traffic control device or signal. (v) "Town" means the Town of Massey Drive. (w) "Traffic" includes vehicles, pedestrians and animals while using a highway for the purpose of travel. (x) "Traffic Officer" means any person appointed by Council to enforce these Regulations, including a Municipal Enforcement Officer. 82 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (y) Traffic Sign" includes all traffic control signals, warning sign posts, direction posts, signs, lines, marks or other devices for the guidance or persons using highways. (z) "Vehicle" means a device in, upon or by which a person or property may be transported or driven upon a highway. 3. COUNCIL AUTHORITY (a) The Council may cause or permit traffic lights or signs to be placed on or near any highway within the limits of the Town. (b) Traffic lights or signs erected or authorized tinder subsection (I) of these Regulations may be signs for any of the following purposes; (i) To regulate the movement of traffic; (ii) To indicate the route to be followed by traffic; (iii) To restrict or prohibit the tise of any part of any highway, other than a main highway designed as such by the Minister of Transportation and Works, within the limits of the Town; (iv) To indicate maximum speed limits in any area or on any part ofany highway within the limits ofthe Town, so that vehicles driven in excess of such speed shall be taken to have failed to conform to the indication given by the sign; (v) To restrict or prohibit the parking of vehicles in any area or on any part of any highway within the limits of the Town; (vi) To restrict or prohibit temporarily the use ofany highway, other than a main highway designated as such by the Minister of Transportation and Works, or any part of any highway within the limits of the Town, whenever, owing to the likelihood of danger to the public or serious damage to the highway, it appears to the Council to be necessary; and to limit the loads of vehicles owing to the condition of the highway if the Council deems it necessary, provided that the traffic lights or signs shall not apply to any person granted a permit in writing by the Council to use the highway in case of an emergency; (vii) To warn users of the highway of the need for special caution; 83 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (viii) To convey information to users of the highway within the limits of the Town; (ix) To set out proper pedestrian crossing on any highway within the limits of the town; and (x) To restrict or reserve specific parking spaces for the sole use of disabled person. (c) Any person who fails to comply with the directions, restrictions, prohibitions, or warnings given by traffic lights or signs erected in accordance with these Regulations shall be guilty of an offence against these Regulations. 4. PARKING OFFENCES (a) No person shall stop, stand or park a vehicle on a highway so that the vehicle or any part of it is: (i) On a sidewalk or an area generally used by or intended for use by pedestrians; (ii) In ftont of a public or private driveway or in front of an authorized loading door designated as such; (iii) Within 6 metres of an intersection; (iv) Within 5 metres from any fire hydrant; (v) Within a crosswalk; (vi) Within 6 metres of the approach side of a crosswalk; (vii) Within $ metres upon the approach to any flashing beacon, stop sign, or traffic-control sign or signal located at any side of a roadway; (viii) Within 6 metres either side of the entrance to or exit from a hotel, church, school, public meeting place, theatre, dance hall or playground; (ix) Within a distance of 20 metres from a bus stop erected under these Regulations, except where otherwise provided by a sign erected under these Regulations; 84 Ld Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (x) Within 6 metres of a driveway entrance to a fire station; (xi) Alongside or opposite a street excavation or obstruction when stopping, standing or parking obstructs traffic; (xii) In a place in contravention of a traffic control device that gives notice that stopping, standing or parking is there prohibited or restricted; (xiii) Parked on the left side of the highway in the direction it is heading, excepting where stich parking is designated by proper signs erected by CoLinc it; (xiv) Within 150 metres of any site where a fire is in progress unless permission has been obtained from a police constable, excepting a fire engine, ambulance, clergy car, police car, medical doctor's car or nurse's car; (xv) Parked in such a manner as to interfere with, hinder or obstruct the normal flow of traffic; (xvi) Parked on highway property between the curb or edge of the roadway and the boundary line of the highway; (xvii) On any property classified as an easement or upon which Council grants a permit; (xviii) For the purpose of displaying the vehicle for sale; (xix) For the purpose of washing, greasing or repairing the vehicle, except for such repairs as have been necessitated by an emergency; (xx) Parked in an area designated as a parking space for disabled persons only. (b) No person shall double park any motor vehicle on any highway within the limits of the Town. (c) No person shall park or stop any vehicle on any roadway unless on the right hand side of the roadway having regard to the direction in which the vehicle was proceeding with the right front and rear wheels parallel to and not more than thirty (30) centimetres from the curb where there is a raised curb, or where there is no curb or a rolled curb, with the right front and rear wheels parallel to and as near the right hand limit of the roadway as is practical without stopping or parking over a sidewalk or footpath or over any part of the road where grass is grown or which is not intended for the use of vehicles. 85 U Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (U) No person shall stand, stop or park or drive a vehicle upon any highway or public area within the Town in contravention to any signs that may be posted by Council. 5. COMMERCIAL VEHICLES OFFENCES (a) The Council is hereby authorized to determine and designate those streets in the Town, which shall be used by commercial motor vehicles. (b) These Regulations shall not prohibit: (I) The operation of commercial motor vehicles upon any street where necessary to the conduct of business at a destination point, provided that streets upon which such traffic is permitted are used until reaching the intersection nearest the destination point; (ii) The operation of an emergency vehicle upon any street in the Town; (iii) The operation ofcommercial motor vehicle owned or operated by the Town, Public Utilities or any contractor engaged in the repair, delivery of materials, maintenance or constrtiction of streets, street improvements, or street utilities within the Town of Massey Drive; or (iv) The operation ofcommercial motor vehicles upon any officially established detour in the Town of Massey Drive (c) No person shall park any commercial motor vehicle in any residential zone in the Town of Massey Drive, unless a permit for the parking has been issued by the Council in conformity with the Town of Massey Drive Traffic Regulations. (d) An application for a permit to park any commercial motor vehicle in any residential zone shall be made to the Council in such form as prescribed by the Council and every applicant for a permit shall furnish with the application such information as Council may require. (e) The Council shall attach to the permit such conditions as it deems fit for the parking of any commercial motor vehicle in a residential zone and may permit parking for such limited time as it deems fit. (f) The driver of a commercial vehicle loading or unloading freight within the Town U shall, if possible, place such vehicle off the highway into some private parking space; where no alternative loading or tinloading point exists, place such vehicles as near as possible to the curb or side ofthe highway and load or unload as quickly 86 U U Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 as possible, but in no case shall a driver place a commercial vehicle in such a position as to excessively hinder or obstruct the normal flow of traffic either vehicular or pedestrian. 6. SNOW CLEARING (a) No person shall park any unattended motor vehicle on any highway or municipal parking area in such a way as to interfere with, hinder or obstruct snow clearing operations. (b) During the period from the first day of December in each year to the last day of April in the succeeding year, both days inclusive, no person shall park an unattended vehicle(s), regardless of weather conditions, upon any highway within the Town of Massey Drive between the hours of 12 midnight and 10:00 a.m, at any time during a snowstorm or for 12 hours thereafter. (c) Any motor vehicle parked contrary to Regulation 7 (a) or (b) may be towed away by Council or their representatives, at the owner's risk and expense, to a place selected by the Council or person so authorized. 7. OTHER LIMITATIONS (a) No structure, object or vehicle, other than a vehicle licensed under the Highway Traffic Act, shall move over a highway or bridge, within the Town except with the written approval of Council. (b) Notwithstanding subsection (1). no vehicle that is propelled over tracks or other device, other than tires, shall move over a highway or bridge, within the Town except with the written approval of Council. 8. ABANDONED VEHICLES (a) When a vehicle: (I) Is standing, stopped or parked upon a highway within the Town limits or bridge in such a position that it may: (1) Interfere with the pedestrian or vehicular traffic; (2) Constitute a hindrance to the maintenance, repair or improvement thereof; 87 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (3) Hinder or impede the ploughing of or removal of snow or ice therefrom; or (4) Hinder or impede the carrying out ofany undertaking ofthe Council; or (ii) Has been apparently abandoned upon a highway within the Town limits, sidewalk or bridge for longer than twenty-four (24) hours; or (iii) Has been left unattended upon any highway within the Town limits, sidewalk or bridge in contravention of these Regulations, the Council or any person authorized for the purpose by the Council may remove that vehicle, at the owner's risk and expense, to a place selected by the Council or person so authorized. (b) The Council may dispose of any vehicle removed and stored under these Regulations, by Public Sale or Auction, if the vehicle is not claimed within ninety (90) days of removal and storage. (c) Prior to the return of the vehicle to its owner, the owner shall pay the costs of its removal and storage as determined by the Council and where such costs are not paid by the owner, the council may sell the vehicle on Public Sale or Auction to satisfy such costs upon notice to the owner, including the costs, if any, of or incidental to the Public Sale or Auction. 9. ANTI LITTER OFFENCES (a) A person shall not throw or deposit or cause to be thrown, deposited or left on a highway, glass, nails, tacks scraps of metal or other material which may injure tires of vehicles or rubbish, or refuse or waste. (b) A person who removes a wrecked or damaged vehicle from a highway shall remove glass or any injurious substance or thing dropped upon the highway from the vehicle. (c) No person shall place any object or structure (including objects or structures used for Street sports), on any street which interferes with the flow of traffic. Any object or structure so placed may be removed by any person authorized by Council, at the owner's expense. $8 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 10. OFFENCE Notwithstanding the Provincial Offences Act, any person who violates any of the provisions of these Regulations, shall be guilty of an offence and shall be liable on summary conviction to a fine or not more than the maximum and not less than the minimum amount as prescribed for the offence in Schedule "A" to these Regulations and appearing in that Schedule opposite the ntirnber or letter or both of the Regulations, subsection or paragraph. 11. REPEAL OF PREVIOUS REGULATIONS AN1 AMENDMENTS All previous Town of Massey Drive Traffic Regulations are amended and repealed. 12. COMPLIANCE WITH OTHER ACTS AND REGULATIONS Nothing in these Regulations serves to exempt any person from obtaining any license, permission, permit, authority or approval required by any other regulation of the Town or any statute or regulation ofthe Province ofNewfoundland and Labrador, and in such cases where more than one regulation or statute applies the more restrictive regulation or statute shall apply. 13. EFFECTIVE DATE These Regulations shall come into force on 1st day of March 2013. In witness whereof the Seal of the Town of Massey Drive has been affixed hereto and these regulations have been signed by the Mayor and the Chief Administrative Officer on behalf of Council on this 27 day of February 2013 Gordon Davis Rodger Hunt Mayor Chief Administrative Officer 89 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 SCHEDULE A Town of Massey Drive Schedule of Fines U U U p section subsection offence fine 4 (a) (1) Parking on sidewalk $50.00 (ii) Parking in front of public or private $50.00 driveway (iii) Parking within 6 metres of $50.00 intersection (iv) Parking within 5 metres of fire $50.00 hydrant (v) Parking within a crosswalk $100.00 (vi) Parking within 6 metres of a $50.00 crosswalk (vii) Parking within 8 metres of a traffic $50.00 control device (viii) Parking within 6 metres of an $50.00 entrance or exit to hotel, church, school, public meeting place, theatre, dance ball or playground (ix) Parking within 20 metres ofa bus stop $50.00 (x) Parking within 6 metres of a fire $50.00 station (xi) Parking opposite or beside a street $50.00 excavation (xii) Parking contrary to signs $100.00 (xiii) Parking on left side of highway $50.00 (xiv) Parking within 150 metres of the site $50.00 of a fire (xv) Parking as to obstruct traffic $50.00 (xvi) Parking on highway property outside $50.00 curb (xvii) Parking on property classified as $50.00 easement (xviii) Parking on highway to display $50.00 vehicle for sale (xix) Parking on highway for repairs $50.00 (xx) Parking in area for disabled persons $75.00 U U U U U U U U U LI U U U 90 Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 (b) Double Parking $50.00 (c) Parking away from the curb $50.00 (U) Stop stand or park in area prohibited $30.00 by signs 5 (c) Commercial motor vehicles parking $100.00 in residential zones without a permit 6 (a) Parking so as to obstruct snow $50.00 clearing (b) Parking on a highway or municipal $50.00 parking area between 12 midnight and 10:00am 7 (a) Movement of structure, object or $50.00 vehicle not licensed under the Highway Traffic Act without Council approval. (b) Movement of vehicle not on tires $50.00 without approval of Council 9 (a) Throwing injurious materials or $50.00 rubbish on highway (b) failure to remove glass injurious $50.00 substance dropped upon the highway from a wrecked vehicle (c) Placing object or structure on a street $50.00 91 U U Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 SCHEDULE B Town of Massey Drive No Parking Zones Massey Drive: 1) From the intersection of Prince Chades Road to civic # 91 2) from civic# 117to# 127 Mountainview Road: 1) From the intersection of Massey Drive to civic # 11 2) From the intersection of Massey Drive to civic # 8 Country Lane: 1) Civic#26to#34 2) Civic#2lto#29 3) Civic#43to#47 4) Civic # 50 to # 52 5) Civic # 68 to # 86 Lakeview Road: 1) The east side of Lakeview Road from the Massey Drive intersection to the end of the road. Dove Crescent: 1) Civic # 18 to the intersection with the southern end of Beliwood Drive 2) Civic#21 to#33 U Beliwood Drive: 1) From the intersection of Dove Crescent at the northern end of Beliwood Drive to civic # 7 2) Civic#4to#14 Sunset Boulevard: 1) From the intersection with the western end of Warren Drive to civic # 72 2) Civic # 67 to # 75 Link Pond Drive: 1) From the intersection of Massey Drive to civic # 15 2) From the intersection of Massey Drive to civic # 16 3) Civic # 28 to # 40 4) Civic#29to#41 5) Civic # 48 to # 58 92 U U Town of Massey Drive Development Regulations for 2017--2027 AS APPROVED BY COUNCIL 28 SEPTEMBER 2017 6) Civic#5lto#57 7) Civic#72to#80 8) Civic#65to#69 9) Civic#96to# 104 10) Civic # $3 to the intersection at the western end of Han ton Drive END Of TRAFFIC REGULATIONS 93 ci ci_ci C [El Ci ci Ci Ci [Li C C] C] Ci [CD C Ci CD