Town of Millertown Development Regulations 2024-2034 — full text

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Town of Millertown Development Regulations 2024-2034 Prepared for the Town of Millertown by Baird Planning Associates 2024 John Baird, MCIP Urban and Rural Planning Act 2000 Resolution to Approve Town of Millertown Development Regulations, 2024 - 2034 Under the authority of Section 16, Section 17, and Section 18 of the Urban and Rural Planning Act 2000, the Town Council of Millertown (a) Adopted the Millertown Development Regulations on the 13t" day of December 2024. (b) Gave notice of the adoption of the Millertown Development Regulations by advertisement posted on the Town of Millertown Facebook page, the Millertown Chatterbox page, the Millertown outdoor Information Board, and the Council Office door in the Town Hall. (c) Set the 16th day of January 2025 at 7:00 p.m. at the Town Hall, Millertown for the holding of a public hearing to consider objections and submissions. Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town Council of Millertown approves the Millertown Development Regulations. SIGNED AND SEALED this `c\ day of 2025 Mayor: Firma Humber (Council Seal) Clerk: Debra White Municipal Plan REGISTERED Number nonl- 10)1- Date 9.00. 6 Signature - Urban and Rural Planning Act 2000 Resolution to Adopt Town of Millertown Development Regulations, 2024 - 2034 Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council of Millertown adopts the Millertown Development Regulations. Adopted by the Town Council of Millertown on the 13th day of December 2024. r6 Signed and sealed this 4O day of -3--k.W\-5L 2025 (Council Seal) Mayor: Fk a Humber Clerk: Debra White Canadian Institute of Planners Certification I certify that the attached Development Regulations have been prepared in accordance wit the requirements of the Urban and Rural Planning Act 2000. o n Baird, MCIP - ....... ,..,,, 0 4 Pp., ..'''. ..... r., , r"- -'' 7.1 ♦' ...:3. .v.................... "0. 6., 1..o. 1,..'1. ts!.. -A"),I.C"-ft," - ," _ ... ;4:- P...2,f' ,...,.:- .% ' is)fert,--- -: - - nom!"- -- .... ...., - ., 'Z. ......, -. ' . . . 1. . .--- .,.." -'- - - .......). --...--.- - - ".. - AN \ TABLE OF CONTENTS PART 1: APPLICATION 1 1.1 Title 1 1.2 Interpretation 1 1.3 Commencement 1 1.4 Municipal Regulations and Codes 1 1.5 Council 1 1.6 Provincial Development Regulations 1 PART 2: DEFINITIONS 3 PART 3: GENERAL REGULATIONS 23 3.1 Compliance with Regulations 23 3.2. Permit Required 23 3.3 Permit to be Issued 23 3.4 Permit Not to be Issued in Certain Cases 23 3.5 Discretionary Powers of Council 23 3.6 Variances 24 3.7 Non-Conforming Uses 25 3.8 Service Levy 26 3.9 Financial Guarantees by Developer 26 3.10 Dedication of Land for Public Use 27 3.11 Reinstatement of Land 27 3.12 Form of Application 27 3.13 Register of Applications 27 3.14 Deferment of Application 27 3.15 Approval in Principle 28 3.16 Development Permit 28 3.17 Temporary Use 29 3.18 Permit Fees 30 3.19 Compliance with Government Policies and Regulations 30 3.20 Reasons for Refusing or Setting Conditions on a Permit 30 3.21 Notice of Application 30 3.22 Monitoring and Enforcement 31 3.23 Delegation of Powers 31 3.24 Right of Entry 32 3.25 Record of Violations 32 3.26 Stop Work Order and Prosecution 32 3.27 Notice of Right to Appeal 32 3.28 Appeals 32 3.29 Return of Appeal Fee 32 PART 4: GENERAL DEVELOPMENT STANDARDS 33 4.1 Accesses and Service Streets 33 4.2 Access to Backland Areas 33 4.3 Archaeological Sites 33 4.4 Residential Area Buffers 33 4.5 Fire Hydrant Buffers 34 4.6 Watercourses and Wetlands 34 4.7 Building Lines and Setbacks 35 4.8 Multiple Uses on a Lot 35 4.9 Main Buildings on a Lot 35 4.10 Lot Area 36 4.11 Lot Area and Size Exceptions 36 4.12 Street Frontage 36 4.13 Offensive and Dangerous Uses 36 4.14 Screening and Landscaping 36 4.15 Public Services and Utilities 37 4.16 Land Capability for Development 37 4.17 Storm Drainage 38 4.18 Unserviced Development 39 4.19 Preparing a Site for Development 39 4.20 Soil and Gravel Removal Incidental to Site Development 39 4.21 Development on Steep Slopes 40 4.22 Street Construction Standards 40 4.23 Development in the Vicinity of a Public Right-of-Way or Easement 40 4.24 Off-street Loading and Parking Requirements 40 PART 5: SPECIFIC USE REGULATIONS 41 5.1 Access Ramps and Deck 41 5.2 Accessory Buildings on Residential Lots 41 5.3 Accessory Uses 43 5.4 Bed and Breakfasts (B&Bs) and Visitor Rental Dwellings 43 5.5 Campgrounds and Tourist Cottage Establishments 44 5.6 Childcare Services 46 5.7 Energy Generation Facilities 46 5.8 Fire Breaks 46 5.9 Home Occupations 46 5.10 Agriculture -- Commercial Livestock Facilities 47 5.11 Mineral Exploration 47 5.12 Mineral Working 48 5.13 Personal Livestock Use on Residential Lots 50 5.14 Residential Care Homes 51 5.15 Salvage Yards 52 5.16 Service Stations and General Garages 52 5.17 Storage and Scrapping of Car Wrecks and Other Salvage Materials 52 5.18 Tourist Cottages and Glamping Facilities on Residential Lots 53 5.19 Trails 53 5.20 Travel Trailers and Recreational Vehicles 54 PART 6: SUBDIVISION OF LAND 55 6.1 Application 55 6.2 Subdivision Permit Required 55 6.3 Services to be Provided 55 6.4 Payment of Service Levies and Other Charges 55 6.5 Permit Subject to Considerations 55 6.6 Unserviced Development 56 6.7 Building Permits Required 56 6.8 Form of Application 57 6.9 Subdivision Subject to Zoning 57 6.10 Building Lines 57 6.11 Dedication of Land for Public Use 57 6.12 Structure in Street Reservation 57 6.13 Subdivision Requirements 57 6.14 Access to Backland Areas 58 6.15 Subdivision Design Standards 58 6.16 Engineer to Design Works and Certify Construction Layout 59 6.17 Developer to Pay Engineer's Fees and Charges 60 6.18 Street Works May Be Deferred 60 6.19 Transfer of Streets and Utilities to Council 60 6.20 Restriction on Sale of Lots 61 6.21 Grouping of Buildings and Landscaping 61 PART 7: SIGNS 62 7.1 Intent 62 7.2 Permit Required 62 7.3 Provincial Highway 62 7.4 Form of Application 62 7.5 Approval Subject to Conditions 62 7.6 Signs Prohibited in Street Reservation 62 7.7 Sign Removal 62 7.8 Signs Exempt from Control 63 7.9 General Sign Standards 63 PART 8: USE ZONES 64 8.1 Use Zones 64 8.2 Map Interpretation 64 8.3 Use Classes 64 8.4 Permitted Uses 64 8.5 Discretionary Uses 64 8.6 Prohibited Uses 65 PART 9: USE ZONE TABLES 66 9.1 ENVIRONMENTAL PROTECTION (EP) ZONE 67 9.2 PROTECTED WATER SUPPLY (PWS) ZONE 69 9.3 RESIDENTIAL 1 (RES1) ZONE 72 9.4 RESIDENTIAL 2 (RES2) ZONE 75 9.5 FUTURE RESIDENTIAL AREA (FRA) ZONE 78 9.6 COMMERCIAL-INDUSTRIAL (CI) ZONE 79 9.7 OPEN SPACE RECREATION (OSR) ZONE 82 9.8 HERITAGE AREA (HA) ZONE 84 9.9 RURAL (RU) ZONE 86 APPENDIX A - LAND USE ZONING MAPS 91 APPENDIX B - CLASSIFICATION OF USES OF LAND AND BUILDINGS 94 APPENDIX C - OFFSTREET LOADING AND PARKING REQUIREMENTS 102 APPENDIX D - PROVINCIAL DEVELOPMENT REGULATIONS 106 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS PART 1: APPLICATION 1.1 Title These Regulations may be cited as the Millertown Development Regulations. 1.2 Interpretation (1) Words and phrases used in these Regulations shall have the meanings ascribed to them in Part 2. (2) Words and phrases not defined in Part 2 shall have the meanings that are commonly assigned to them in the context in which they are used in the Regulations. (3) The boundaries of Use Zones in the Land Use Zoning Maps are general only and, except where they coincide with roads, shorelines, or other prominent features, are not intended to define exact limits. 1.3 Commencement These Regulations came into effect throughout the Millertown Municipal Planning Area, hereinafter referred to as the Planning Area, on the date of publication of a notice to that effect in the Newfoundland and Labrador Gazette. 1.4 Municipal Regulations and Codes The building regulations and any other municipal regulations controlling the development, conservation, and use of land shall under these Regulations apply to the entire Planning Area. The National Building Code of Canada, the Fire Code of Canada, and all ancillary codes and regulations, shall also apply to the entire Planning Area. 1.5 Council In these Regulations, "Council" means the Municipal Council of the Town of Millertown having jurisdiction over the Millertown Development Regulations. 1.6 Provincial Development Regulations The Provincial Development Regulations, enacted under Section 36 of the Act, shall apply to development within the Planning Area. Where there is conflict between these and the PART 1- APPLICATION 1 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS Millertown Development Regulations, the Provincial Regulations shall prevail. The Provincial Development Regulations are appended as Appendix D. PART 1- APPLICATION 2 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS PART 2: DEFINITIONS GENERAL NOTE: *A definition marked with one asterisk is also included in the Provincial Development Regulations. **A definition marked with two asterisks is also included in the Urban and Rural Planning Act. *ACCESS means a way used or intended to be used by vehicles, pedestrians or animals in order to go from a street to adjacent or nearby land or to go from that land to the street. *ACCESSORY BUILDING includes: (a) 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, (b) for residential uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and television antennae, (c) for commercial uses, workshops or garages, and (d) for industrial uses, garages, offices, raised ramps and docks. *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. *ACT means, unless the context indicates otherwise, the Urban and Rural Planning Act 2000. ADJUDICATOR means an adjudicator appointed under section 40 of the Urban and Rural Planning Act 2000 for the hearing of appeals. AGRICULTURE, COMMERCIAL CROP -- See "COMMERCIAL CROP AGRICULTURE" AGRICULTURE, COMMERCIAL LIVESTOCK - See "COMMERCIAL LIVESTOCK AGRICULTURE" ANIMAL UNIT FOR COMMERCIAL AGRICULTURE means any one of the following animals or groups of animals as specified by the Agriculture Lands Section (Department of Fisheries, Forestry and Agriculture): Type of Livestock Average Weight per Animal (kg) No. of Livestock per Animal Unit Dairy Cows 545-640 1 Heifers 300 2 Veal 91 5 Bulls 545 1 Beef cows 360 2 PART 2 - DEFINITIONS 3 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS Sows (F to F) 454 1 Sows 150 3 Hogs 75 6 Boars 150 3 Sheep (ewe) 54 8 Sheep (lamb) 27 16 Goats 64 7 Foxes 11.35 40 Mink 3 150 Rabbits 2.27 200 Laying Hens 1.8 252 Broilers .9 500 Pullets 1.3 350 Broiler turkey 6.5 70 Heavy turkey 7.5 60 Heavy toms 12 40 ANIMAL UNIT FOR PERSONAL USE means any one of the following group of animals: - six (6) chickens, ducks, geese, turkeys, or rabbits - eighteen (18) quail ANTENNA means a building, structure, mast, or antenna used to facilitate the receiving or /'---\ transmitting of radio, television, telephone, cellular, Internet, or satellite communications. APARTMENT BUILDING means a residential building containing three or more dwelling units but does not include a row dwelling as defined in these Regulations. *APPLICANT means a person who has applied to Council for a permit to carry out a development. APPROVAL IN PRINCIPLE means a preliminary approval of a development conditional upon the submission of additional plans and details before a development approval or building permit is issued. ARTS AND CRAFTS STUDIO means a building or portion thereof used for the production, display, instruction, or sale of arts or crafts, but which does not include any activity that might be offensively dirty or noisy in its operation. ARTERIAL STREET means a main traffic artery to and through the Planning Area. Millertown Road (aka Route 370-11) is the arterial street in Millertown. *AUTHORITY means the Municipal Council of the Town of Millertown. BED AND BREAKFAST means an owner or tenant-occupied dwelling unit in which rooms can be used to provide nightly accommodation for paying guests. PART 2 - DEFINITIONS 4 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS BOARDING HOUSE means an owner or tenant-occupied dwelling unit in which no more than four (4) rooms can be rented on a weekly, monthly, or longer basis to persons other than the immediate family of the owner or tenant. BOATHOUSE means a small building in a shoreline location for storage of a boat. **BUILDING means: (a) a structure, erection, alteration, or improvement placed on, over or under land or attached, anchored, or moored to land, (b) mobile structure, vehicle or marine vessel adapted or constructed for residential, commercial, industrial, and other similar uses, (c) a part of and fixture on a building referred to in subparagraphs (a) and (b), and (d) an excavation of land whether or not that excavation is associated with the intended or actual construction of a building or thing referred to in subparagraphs (a) to (c). *BUILDING HEIGHT means the vertical distance, measured in metres, from the established grade to: (i) the highest point of the roof surface of a flat roof, (ii) the deck line of a mansard roof, and (iii) the mean height level between eave and ridge of a gable, hip, or gambrel roof, and in any case, a building height shall not include mechanical structure, smokestacks, steeples, and purely ornamental structures above a roof. H Flat Roof une Mansard Roof Gambrel Roof Flat Roof with Parapet wall -Rip Roof Gable Roof *BUILDING LINE (See also SETBACK, FRONTYARD) means a line established by Council that runs parallel to a street line and is set at the closest point to a street that building may be placed. CAMPGROUND means a contiguous parcel of land, managed as a unit, for the accommodation of any combination of six or more recreational vehicles, travel trailers, or tents PART 2 -- DEFINITIONS 5 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS used on a short term or seasonal basis, and where accessory uses may include an administrative office, clubhouse, snack bar, laundry, convenience store, washroom, and recreational area or facility. CAR WRECK means a motor vehicle of any type that is disabled or non-operational, is no longer licensed for road use, and/or has been parked or stored in the outdoors for longer than six months. CATERING means a building or part of a building where food is prepared and served within the premises and includes a restaurant and coffee shop but does not include a take-out food service or drinking establishment, which are defined separately. CEMETERY means a facility or site reserved for the burial of the dead and may include a mortuary and accessory maintenance facility. CHILDCARE means a building or part of a building in which services and activities are regularly provided to children of pre-school age during the full daytime period as defined under the Child Care Act, but which does not include a school as defined under the Schools Act. CLUB AND LODGE means land, a building, or part of a building used by a non-profit association or organization for fraternal, social, recreational, or religious purposes. COLLECTOR STREET means a street that links local streets with arterial streets or other collector streets, and which is designated as a collector street in the Municipal Plan. COMMERCIAL ACCOMMODATIONS means a building, or part thereof, used to provide nightly accommodation for paying guests. Commercial accommodations may include a hotel, motel, or inn, but not a boarding house, bed and breakfast, visitor rental dwelling, tourist cottage establishment, or campground, which are each defined separately in these Regulations COMMERCIAL CROP AGRICULTURE means a commercial crop operation, which may include: (a) the clearing, draining, irrigating or cultivation of land for crop production, (b) the production of field crops and greenhouse crops, (c) the production of fruit and vegetables and other specialty horticultural crops, (d) the operation of agricultural machinery and equipment, (e) storage, use or disposal of organic wastes for farm purposes, (f) the preparation of a non-livestock farm product for distribution from the farm gate, including cleaning, grading, and packaging, (g) the operation of pick-your-own farms, roadside stands, farm produce stands, and tourist operations as part of a farm operation, or (h) any other non-livestock agricultural activity or process prescribed by Provincial regulation that is carried on for gain or reward or in the hope or expectation of gain or reward. PART 2 -- DEFINITIONS 6 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS COMMERCIAL LIVESTOCK AGRICULTURE means a commercial livestock operation, which may include: (a) the clearing, draining, irrigating or cultivation of land for livestock grazing, (b) the raising of livestock, including poultry, (c) the raising of fur-bearing animals, (d) the raising of bees, (e) the production of eggs and dairy, (f) the preparation of a livestock, poultry, or dairy product for distribution from the farm gate, including cleaning, grading, and packaging, (g) the on-farm processing of farm products for the purpose of preparing livestock, poultry, or dairy products for wholesale or retail consumption, (h) any other livestock activity or process prescribed by Provincial regulation that is carried on for gain or reward or in the hope or expectation of gain or reward. COMMERCIAL LIVESTOCK FACILITY means a building and/or outdoor confinement area used or intended to be used to house or confine livestock, and includes a structure or area used or intended to be used to store manure. COMMUNITY GARDEN means a common outdoor space where residents grow and care for vegetables and/or flowers for personal consumption or non-commercial purposes. CONSERVATION means a use of land that serves to protect, maintain, or improve an environmental resource or feature. CONSTRUCTION YARD means an area used for the storage of construction materials, supplies, equipment, tools, stockpiles of construction materials and aggregates, and other items including storage containers, construction trailers, and temporary office trailers. CONTRACTOR'S YARD means a yard of any general contractor or builder where equipment and materials are stored or where a contractor performs shop or assembly work. CORNER LOT - See "LOT, CORNER" COUNCIL means the Council of the Town of Millertown having jurisdiction of the Millertown Municipal Plan and Development Regulations. CULTURAL AND CIVIC means land or a building used for a cultural or civic activity such as a museum, art gallery, interpretation centre, cultural centre, outdoor interpretive or educational display, or a government activity not otherwise defined in these Regulations. DECK means a structure abutting a dwelling or other building that has no walls and is constructed on piers or a foundation above-grade for use as an outdoor living area. 'DEVELOPMENT means the carrying out of any building, engineering, mining or other operations in, on, over, or under land, or the making of any material change in the use, or the intensity of use of any land, buildings, or premises and includes: (a) the making of an access onto a highway, road, or way, PART 2 -- DEFINITIONS 7 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (b) the erection of an advertisement or sign, (c) the construction of a building, (d) 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 excludes: (a) the carrying out of works for the maintenance, improvement or other alteration or any building, being works which affect only the interior of the building or which do not materially affect the external appearance or use of the building, (b) 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, (c) 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, and (d) the use of any building or land within the courtyard of a dwelling house for any purpose incidental to the enjoyment of the dwelling house as such. DEVELOPMENT REGULATIONS means these regulations and regulations and by-laws respecting development that have been enacted by Council. *DISCRETIONARY USE means a use that is listed within the discretionary use classes established in the use zone tables of Council's development regulations. DISTANCE means the separation, measured on a horizontal plane, between a lot line, street line, a watercourse, or other point specified in these Regulations and the nearest part of a building, structure, excavation, or other use of land. DISTANCE BETWEEN BUILDINGS means the separation, measured on a horizontal plane, between the nearest walls of two separate buildings. DOCK means a recreational wharf structure extending into a body of water, but does not include a marina, marine facility, or slipway, which are each defined separately in these Regulations. DOMESTIC ANIMAL means any animal normally and customarily kept by domestic households for pleasure and companionship, excluding horses, goats, sheep, pigs, poultry, pheasants, and livestock. DOMESTIC SAWMILL - See SAWMILL, DOMESTIC DOUBLE DWELLING means a building containing two dwelling units, placed one above the other (duplex), or side by side (semi-detached), but does not include a single dwelling containing a subsidiary apartment. DRINKING ESTABLISHMENT means a commercial operation, assembly hall, club, or lounge in which the sale and consumption of liquor is licensed under the Liquor Control Act, and in PART 2 -- DEFINITIONS 8 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS which meals and food may be served for consumption on the premises and entertainment may be provided. DRIVEWAY means a vehicular passageway having at least one end thereof connected to a public street and providing ingress to and/or egress from a lot. DWELLING means a main building or portion thereof that contains one or more dwelling units. DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used or designed as the living quarters for one household. EDUCATIONAL means an institution of learning that includes primary, elementary, junior high, and senior high schools, public and colleges, universities, as well as buildings used for temporary training activities. EMERGENCY SERVICE means a fire station, police station, ambulance station, rescue centre, or other facility for the provision of emergency services, including a related training facility. ENERGY GENERATION FACILITY means a small-scale facility for the generation of electricity, however, does not include an emergency back-up generator. ENGINEER means a certified engineer who is employed or retained by Council or is employed or retained by a developer in relation to a development that requires Council approval. *ESTABLISHED GRADE means: (a) 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 (b) where used in reference to a structure that is not a building, the average elevation of the finished grade of the ground immediately surrounding the structure exclusive of any artificial embankment or entrenchment. SIILICtUre height 905' elevation F- 875'elevation PART 2 -- DEFINITIONS 9 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS EXCAVATION OF LAND means the removal of soil, gravel, or bedrock material to prepare a site for development or to sell for off-site use. FENCE means a barrier, railing or other upright structure to mark a boundary, control access, prevent escape, serve as a landscape feature, or provide some combination of all these functions. The construction of a fence in Millertown requires a development permit. *FLOOR AREA means the total area of all floors in a building measured to the outside face of exterior walls. FORESTRY means the growing and harvesting of trees and, without limiting the generality of the foregoing, shall include cutting of fuelwood, sawlogs, Christmas trees, and other products. FRONT LOT LINE (See LOT LINE, FRONT and STREET LINE) *FRONTAGE (or LOT WIDTH) means the horizontal distance between side lot lines measured at the building line. front lot line front yard k setbac lot width -11. lot depth 0 LI rear lot line FRONTYARD SETBACK - (Also see SETBACK, FRONTYARD) means the distance between the "building line" as defined in these regulations and the street line or front lot line. FUTURE STREET means a portion of land delineated on a development plan as a "Future Street", which is to be used as a street at some date in the future and which the title of the land will be vested with Council upon the completion of the development. GARAGE means a building erected for the storage of motor vehicles as an ancillary use to a main building on the lot. GARDEN CENTRE means the use of land, buildings, or structures or part thereof for the purpose of growing and selling plants and garden equipment and supplies. GENERAL ASSEMBLY means land or buildings used as gathering places for substantial numbers of people and, without limiting the generality of the foregoing, includes auditoriums, PART 2 - DEFINITIONS 10 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS convention centres, public and private halls, gymnasiums, bowling alleys, theatres, and similar gathering places. GENERAL GARAGE means land or a building used for the commercial repair, maintenance and storage of motor vehicles and may include the sale of gasoline or diesel oil. GENERAL INDUSTRY means the use of land or a building to store, assemble, alter, repair, manufacture, fabricate, pack, can, prepare, break up, demolish, or treat any article, commodity, or substance. "Industry" shall be construed accordingly. GENERAL SERVICE means an outlet for servicing, repairing, installing, or renting things and equipment, without limiting the generality of the foregoing, includes the following examples: (a) radio, television, and computer service and repair shops (b) locksmith shops (c) small appliance service or repair shops (d) household and carpenter tool service or repair shops (e) tools and equipment rental shops GLAMPING FACILITY means a commercial accommodation unit for nightly rental to paying guests with amenities designed to be more comfortable than traditional camping, for example, a camping hut, yurt, platform tent, recreational vehicle, or travel trailer. GRADE -- See "ESTABLISHED GRADE". GREENHOUSE means a building whose roof and sides are made largely of transparent or translucent material for the cultivation of plants for subsequent sale, transplanting, or personal use. GROUP HOME means a residential care home to accommodate no fewer than four (4) and no more than six (6) persons, exclusive of support staff, in a home-like setting. Subject to the size limitation, this definition includes, but is not limited to, facilities referred to as "group care homes", "halfway houses", and "foster homes". Any home that provides care to three or less persons is treated in these Regulations the same as any other private dwelling. HABITAT means an area where plants, animals, and other organisms live and find adequate amounts of food, water, shelter, and space needed to sustain their populations. Specific habitats of concern may include areas where species (e.g., geese, ducks, salmon) concentrate at a vulnerable point in their life cycle or annual migration. HAZARD LAND means land that poses a hazard or constraint to development such as wetlands, organic soils, steep slopes, flood plains, contaminated soils, and landslide prone areas. HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes involving the use of materials or processes, which because of their inherent characteristics constitute a special fire, explosion, radiation, or other hazard. PART 2 -- DEFINITIONS 11 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS HAZARDOUS USE means the use of land or buildings for any purpose that constitutes a hazard by reason of fire, explosion, radiation, pollution, noxiousness, and risk to human health, or other hazard. HEIGHT -- See "BUILDING HEIGHT". HERITAGE PROPERTY, DESIGNATED includes: (1) a site, building, or structure that is designated and protected in accordance the Historic Resources Act and (2) a site, building, or structure that is designated and protected by the Town of Millertown in accordance with Section 200 of the Municipalities Act 1999. HERITAGE VALUES (refer to Municipal Plan, Section 5.4) mean the historic, cultural, natural, and aesthetic significance that people attach to a place. Millertown's heritage values derive from its location as home territory of the Beothuk as well as the lumbering industry developed in the late 1800s by Lewis Miller. Intrinsic to these values is its cultural landscape, vernacular architecture, and natural scenery. HOME OCCUPATION means a secondary use of a residential property by a resident of the property to conduct a gainful occupation or business activity. HOME OFFICE means a secondary use of a dwelling by a resident of the dwelling to conduct a gainful occupation or business activity that is limited to office uses and that do not involve regular visitation to the home by clients, customers, or the general public. HOTEL - See "INN" INDOOR ASSEMBLY means land or a building used as a gathering place for sports-related recreational activities and, without limiting the generality of the foregoing, includes arenas, armories, and ice rinks. INDOOR MARKET means the use of a building for the display and sale of goods and produce by a number of retail enterprises. INFILL DEVELOPMENT means development or redevelopment occurring on an infill lot. INFILL LOT means vacant land along a built-up street that is suitable for further construction or development. INFILLING means the depositing of soil, gravel, or bedrock material to prepare a site for development. INN means a commercial establishment that consists of a building with three or more attached sleeping units grouped under one roof designed to accommodate the traveling public, which may or may not have restaurant, retail, and personal services. INSPECTOR means any person appointed or engaged as an Inspector by Council or by any federal or provincial authority or the agent thereof. PART 2 - DEFINITIONS 12 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS KENNEL means any land, building, or structure where five (5) or more dogs, cats or other domestic animals are boarded, bred, trained, and cared for, and may include a pet grooming business, but does not include a veterinary clinic. **LAND includes land covered by water, and buildings and structures on, over, or under the soil and fixtures that form part of these buildings and structures. LIGHT INDUSTRY means the use of any land or buildings for any industrial use that can be carried out without hazard, intrusion, or detriment to the amenity of the surrounding area by reason of noise, vibration, smell, fumes, outdoor storage, waste accumulation, smoke, grit, soot, ash, dust, glare, or appearance. LIVESTOCK means any species of poultry, cattle, sheep, swine, goats, llamas, horses, or other animals that are normally kept and raised on farms for producing food or other animal derived products, riding (e.g., horses), boarding, breeding, or improving animal nutrition, for profit, personal use, or otherwise. Livestock does not include domestic animals as defined in these Regulations. LIVESTOCK AGRICULTURE, COMMERCIAL - See "COMMERCIAL LIVESTOCK AGRICULTURE" LIVESTOCK FACILITY, COMMERCIAL - See "COMMERCIAL LIVESTOCK FACILITY" LOCAL STREET means a street designed primarily to provide access to adjoining land and which is not designated as a collector street or arterial street in the Municipal Plan. *LOT means a plot, tract, or parcel of land, which can be considered as a unit of land for a particular use or building. *LOT AREA means the total horizontal area within the boundary lines of the lot. LOT, CORNER means a lot having two or more sides fronting onto two or more adjacent streets. *LOT COVERAGE means the combined area of all buildings on the 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. PART 2 -- DEFINITIONS 13 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS property I / structural footprint -- structural footprint total area of structural footprint(s) lot coverage (%) - total lot area LOT LINE means a common boundary between a lot and an abutting lot or street. LOT LINE, FRONT (also see STREET LINE) means the edge of a street reservation as defined by Council. For individual lots it forms the boundary between the lot and the street. - LOT LINES ---- - - _ _ A REAR YARD (SETBACK) SIDE YARD - (SETBACK) FRONT YARD (SETBACK) J STREET BUILDABLE AREA - - - '""' - " BUILDING AREA OR FOOTPRINT OEM - - IMO. REQUIRED YARD I I i BUILDING LINE . ....- .--1.-- ...... ! FRONT LOT LINE 1 STREET R.O.W. 1 LOT WIDTH (or "FRONTAGE") means the horizontal distance between side lot lines measured at the building line. LUMBER YARD means a facility where building materials such as lumber, plywood, drywall, paneling, concrete products, and other building materials are stored and sold. Lumber yards may also perform customized work such as cutting, planing and performing millwork. Lumber yards may provide for the sale of associated products including tools and fasteners. PART 2 - DEFINITIONS 14 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS MAIN BUILDING means the building or buildings within which the primary use(s) of a lot is contained. MAIN USE means the primary use for which a building, structure or lot is designed, arranged, or intended, or for which a lot may be used under this regulation. MEDICAL SERVICE means a service provided by a physician, dentist or other health care professional for consultation, diagnosis, and office treatment of humans. Without limiting the generality of the foregoing, a medical service facility may include associated administrative offices, waiting rooms, examination rooms, treatment rooms, laboratories, pharmacies, and dispensaries, but shall not include accommodation for in-patient care or operating rooms. MINERAL EXPLORATION means the search for and sampling of minerals or quarry materials where the activity or activities involved meet the definition of "development" under the Urban and Rural Planning Act. "Mineral" and "quarry material" for the purpose of interpreting the definition of mineral exploration (development) are as defined in the provincial Mineral Act and Quarry Materials Act, 1998, respectively. Mineral exploration does not include mining or mineral working (e.g., quarrying). Activities which meet the definition of mineral exploration (development) are to be contrasted with mineral exploration activities that do not meet the definition of development, examples of which include traditional prospecting, geochemical sampling surveys (of rock, soil, sediment, water, or vegetation), ground-based and airborne geophysical surveys, and the cutting of survey lines. MINERAL WORKING means an operation consisting of one or more of the following activities: the digging for, excavation, and removal of quarry materials (i.e., quarrying) (may involve blasting), the removal of quarry materials previously excavated, the removal of quarry materials previously deposited on site, the stockpiling of quarry materials, the processing of quarry materials (e.g., crushing, screening, washing), the production of civil construction materials which use quarry materials in their natural form (e.g., asphalt, concrete), the re-processing of quarry materials including from reclaimed civil construction materials (e.g., reclaimed asphalt, concrete), the production of soil by blending organic materials with quarry materials, or the treatment or remediation of soil. "Quarry material" for the purpose of interpreting the definition of mineral working is as defined in the provincial Quarry Materials Act, 1998. Mineral working does not include mining but may include mineral exploration (development) as a secondary activity. Mineral working does not include the excavation and removal of quarry materials as a by-product of an approved development. MINI-HOME means a prefabricated single dwelling unit that complies with the National Building Code, is designed to be used with or without a permanent foundation, has a width of less than six (6) metres throughout its entire length exclusive of steps or porches, is not fitted with facilities for towing or to which towing apparatus can be attached, and is capable of being transported by means of a single trailer from the site of its construction without significant alteration. MINING means the use of land or buildings for the extraction of ores and/or salts. PART 2 - DEFINITIONS 15 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS MINISTER means the Minister responsible for the Urban and Rural Planning Act 2000. MINOR WATERCOURSE means a watercourse that flows for only part of the year, such as during snowmelt, spring runoff, and rainstorms. MOBILE VENDING FACILITY means a transient facility such as a van, trailer, hotdog stand, ice cream cart, or tent that is used to display, store, or sell food, beverages; articles, or goods. MOTEL means an establishment that serves the travelling public, which consists of one or more buildings containing four or more attached accommodation units, which may or may not have restaurant, retail, and personal services. MOTORIZED TRAIL means a trail where permitted activities include motorized off-road recreational vehicles as well as non-motorized uses such as mountain biking and hiking. *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. NOXIOUS USE means a use of land or a building which, from its nature or operation, creates a nuisance, or is liable to become a nuisance, which is offensive or dangerous by reason of noise, vibration, or emission of gas, fumes, dust, or objectionable odour. OFFICE means a use providing for administrative, governmental, professional services and r^.\ general office functions, and includes accounting, bookkeeping, advertising, architectural, engineering, planning and design, surveying, legal services, counseling, data processing, telephone services, social services, public relations, consulting, realty offices and similar uses. OFF-ROAD RECREATIONAL VEHICLE means a motorized off-road recreational vehicle such as a snowmobile, ATV, side-by-side, or dirt bike. OPEN SPACE means land set aside to preserve natural areas or to develop passive recreational uses. Open space may include community gardens, woodlands, fields, walking trails, passive recreational uses, and outdoor interpretation facilities. It may include minor structures such as viewing platforms, boardwalks, and outdoor toilets, but shall not include larger buildings or facilities such as tennis courts and parking lots. Neither shall it include a trail that allows off-road recreational vehicles, which is covered in these regulations under the definition of "motorized trail." OUTDOOR ASSEMBLY means land or outdoor facilities used as a gathering place for substantial numbers of people and, without limiting the generality of the foregoing, includes bleachers, grandstands, outdoor ice rinks, amusement parks, fairgrounds, exhibition grounds, drive-in theatres, and similar gathering places. *OWNER means a person or an organization of persons owning or having the legal right to use the land under consideration. PART 2 -- DEFINITIONS 16 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS PARKING AREA means a designated area on a lot, other than a driveway, for off-street vehicle parking. PARKING SPACE means a designated space in a parking area or a driveway adequate to park one automobile with room to open doors on both sides, together with related maneuvering room and access to a public street. PASSIVE RECREATIONAL USE means a recreation activity that does not require a developed site. It includes such uses as walking, bicycling, and skiing trails, but does not include sports fields, structures, or facilities to accommodate off-road recreational vehicles. *PERMITTED USE means a use that is listed within the permitted use classes set out in the use zone tables of Council's development regulations. PERSONAL CARE HOME means a residential care home licensed under Provincial legislation that provides lodging, meals, and a limited degree of personal care. PERSONAL LIVESTOCK USE means the use of land, buildings, or structures for the limited keeping of livestock animals for personal use. PERSONAL SERVICE means a service oriented to the personal needs of persons, and without limiting the generality of the foregoing, includes hairdressing shops, gyms, computer services, hobby shops, and photo studios. **PLANNING AREA means a municipal planning area established under Section 6 and 11 of the Act. The extent of the Millertown Planning Area is shown on Land Use Zoning Map No. 1 attached to these Development Regulations. PORTABLE SHELTER, for the purpose of these Regulations, means a collapsible structure, covered with plastic or fabric, more than 30 square metres in floor area, used as an accessory building on a residential property, and considered by Council to be a permanent accessory building. *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. PUBLIC BUILDING means a building that is used for a public or non-profit purpose and without limiting the generality of the foregoing, may include such a building such as a school, place of worship, municipal facility, community centre, hospital, town hall, and government office. PUBLIC RIGHT-OF-WAY means a route across privately or publicly owned land that may be followed, but not deviated from, by members of the public. *REARYARD DEPTH (also see SETBACK, REARYARD) means the distance between the rear lot line and the rear wall of the main building on the lot. PART 2 -- DEFINITIONS 17 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS RECREATIONAL OPEN SPACE means an outdoor use designed and equipped for the conduct of sports and/or leisure activities, and may include a park, playground, outdoor skating rink, golf course, racing track, playing field, dog park, outdoor theatre, water slide, or similar outdoor facility. RECREATIONAL VEHICLE means a self-propelled motor vehicle with facilities for sleeping and eating, which is used for camping and recreational living but not as a full-time residence. RECYCLING FACILITY means land or a building used to deposit, store, separate, clean, or redistribute discarded materials such as drink containers, paper, glass, plastic, and cardboard. RESIDENTIAL CARE HOME means an accommodation facility or home providing for the care of aged, sick, injured, or special needs persons, other than in a public hospital, and may include a personal care home, seniors home, or group home. RESTAURANT means a building or part thereof, used or occupied for the purpose of serving the public with meals or refreshments for consumption on the premises. ROW DWELLING (OR TOWNHOUSE) means a dwelling containing no less than three dwelling units at ground level in one building, each unit separated vertically from the others and with individual entrances directly from the outside. SALVAGE YARD means land where old non-operational motor vehicles, equipment, and structural components are disassembled or stored and second-hand goods such as automobile tires, building materials, scrap metals and other salvage are collected to be sorted and resold. SAWMILL, DOMESTIC means a sawmill licensed under the Forestry Act, which is approved for personal and non-commercial use only. SEASONAL DWELLING means a single dwelling that is used primarily for recreational purposes and is not inhabited on a full-time basis. SENSITIVE AREA means an area that is easily disrupted by human activity, and may include steep slopes, cliffs, watercourses, wetlands, riparian areas, springs, coastal features, wet and unstable soils, unstable geology, and vulnerable or threatened flora or fauna. SERVICE STATION means any land or building used for the sale of petroleum products, automotive parts and accessories, and the repairing, washing, and polishing of motor vehicles. SETBACK, FRONTYARD means the distance between the "building line" as defined in these regulations and the street line or front lot line. SETBACK, REARYARD means the distance between the rear lot line and the rear wall of the main building on the lot. SETBACK, SIDEYARD means the distance between the side lot line and the nearest sidewall of a building on the lot. PART 2 -- DEFINITIONS 18 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS ILLUSTRATION Of YARDS AND YARD SETBACKS rear yard setback frill' yard 1111,11111 1,1(1 cxxner sidr yard Ple frord yard -2 it. frant yard ietbact interior 5 dr yard setback SHOP means a building or part thereof used for retail trade wherein the primary purpose is the selling or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of retail services but does not include an establishment wherein the primary purpose is the serving of meals or refreshments, an amusement use, a general garage, or a service station. *SIDEYARD DEPTH (Also see SETBACK, SIDEYARD) means the distance between the side lot line and the nearest sidewall of a building on the lot. *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. SINGLE DWELLING means a free-standing dwelling, which is separate and detached from other main buildings and consists of a constructed, prefabricated, or manufactured dwelling unit, but does not include a mini-home or a mobile home. SLIPWAY means a ramp on the shore by which boats can be launched or removed from the water. SLOPE means the rate of vertical change of the surface of the ground expressed as a percentage and determined by dividing the change in vertical distance (rise) by the change in horizontal distance (run). PART 2 -- DEFINITIONS 19 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS Slope (%) = Rise (m) / Run (m) A Rise .1 Run STORAGE FACILITY means the use of land or a building for storage of vehicles, equipment, materials, or other goods. *STREET means a street, road, highway, or other way designed for the passage of vehicles and pedestrians and which is accessible by fire department and other emergency vehicles. STREET FRONTAGE means the portion of a lot that fronts on or abuts a public street. *STREET LINE (also see LOT LINE, FRONT) means the edge of a street reservation as defined by Council. For individual lots it forms the boundary between the lot and the street. STREET RESERVATION means the entire right-of-way in which a street or highway is located, and which is public property owned by the Town of Millertown or the Province. STRUCTURE means anything constructed or erected with a fixed location on or below the ground or attached to something having a fixed location on the ground, and includes buildings, walls, fences, signs, billboards, utility poles, and similar items. **SUBDIVISION means the dividing of land, whether in single or joint ownership, into two or more pieces for the purpose of development. SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary to a self-contained dwelling or other building. SURFACE WATER means any flowing or standing water on the surface of the earth. TAKE-OUT FOOD SERVICE means a building or part of a building in which meals and refreshments are prepared and sold for consumption off the premises. TEMPORARY USE means a use established for a limited duration with the intent to be discontinued upon the expiration of the time period. PART 2 -- DEFINITIONS 20 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS TINY HOME means a single dwelling unit that complies with the National Building Code, is designed to be used with a permanent foundation, has permanent provisions for living, sleeping, eating, cooking and sanitation, and is not fitted with facilities for towing or to which towing apparatus can be attached. TOURIST COTTAGE means a single self-contained visitor accommodation unit used for nightly rental to paying guests. TOURIST COTTAGE ESTABLISHMENT means a contiguous parcel of land, managed as a unit, consisting of self-contained tourist cottage units used for short-term stays, and where accessory uses could include an administrative office, clubhouse, snack bar, convenience store, and recreational facilities. TOWNHOUSE - See "ROW DWELLING" TRANSPORTATION means transportation infrastructure such as airfields, streets, bridges, culverts, and sidewalks, along with associated buildings and structures. TRAVEL TRAILER means a trailer, so constructed as to be suitable for being drawn by a motor vehicle, with facilities for sleeping and eating, which is used for camping and recreational living but not as a full-time residence. *USE means a building or activity situated on a lot or a development permitted on a lot. *USE ZONE or ZONE means an area of land including buildings and water designated on the Zoning Map to which the uses, standards and conditions of a particular use zone table apply. UTILITY means a facility used to provide the public with electricity, heat, steam, communications, water, sewage, waste disposal, recycling, or similar services. *VARIANCE means a departure, to a maximum of 10 percent from the yard area, lot coverage, setback, size, height, frontage, or any other numeric requirement of the applicable Use Zone Table of these Development Regulations. VEHICLE SALES AND RENTAL means a building or an open area used for storage or display of three (3) or more motor vehicles for sales and/or rental purposes. VETERINARY means an establishment used by veterinarians, or practitioners in related specialties, for practicing veterinary medicine, where animals are admitted for examination or treatment, and where limited laboratory and other diagnostic services may be offered but excludes a kennel. VISITOR RENTAL DWELLING means a dwelling unit used for nightly rentals to paying guests. PART 2 - DEFINITIONS 21 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS WATERCOURSE means the full width and length, including the bed, banks, side and shoreline, or other part, of a river, stream, spring, brook, lake, pond, reservoir, canal, estuary, or other natural or artificial freshwater body or channel open to the atmosphere, the primary function of which is the conveyance or containment of water, whether the flow is continuous or not. WATERSHED means the surface area contained within a topographical divide above a specified point on a river, brook, stream, or other flowing body of water. WETLAND means a land whose soil is saturated with moisture either permanently or seasonally. Wetlands include swamps, marshes, bogs, fens, and shallow water, among others. The water found in wetlands can be saltwater, freshwater, or brackish. ZONE - See "USE ZONE" *ZONING MAP means the map or maps attached to and forming part of the Development Regulations. PART 2 - DEFINITIONS 22 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS PART 3: GENERAL REGULATIONS 3.1 Compliance with Regulations No development shall be carried out within the Planning Area except in compliance with these Regulations. 3.2. Permit Required Unless otherwise stated in these Regulations, no person shall undertake a development except where Council has issued a permit for the development. 3.3 Permit to be Issued Subject to Regulation 3.4 and Regulation 3.5, a permit shall be issued for a development within the Planning Area that conforms to all requirements of these Regulations, including: (a) Part 4 - General Development Standards (b) Part 5 -- Specific Use Regulations (c) Part 6 -- Subdivision of Land (d) Part 7 - Signs (e) Part 8 - Use Zones (f) The use classes, standards, and conditions prescribed in Part 9 -- Use Zone Tables for the use zone in which the proposed development is located. (g) The National Building Code and other ancillary codes, waste disposal regulations, and any other municipal regulation in force in the Planning Area regarding development, conservation, and use of land and buildings. (h) Other standards of design and appearance as may be established by Council. 3.4 Permit Not to be Issued in Certain Cases A development permit or approval in principle will not be issued for a development when, in the opinion of Council, the development would be premature by reason of the site lacking adequate road access, power, drainage, water supply, or sanitary facilities, or being beyond the natural development of the area at the time of application, except where the applicant contracts to pay the full cost of construction of services deemed necessary by Council and such cost shall attach to and upon the property in respect of which it is imposed. 3.5 Discretionary Powers of Council (1) In considering an application for a development permit or approval in principle, Council shall consider the policies of the Municipal Plan and any further scheme, plan, or regulations pursuant thereto, and shall assess: (a) the general appearance of the development, (b) the amenity of the surroundings and potential impacts on viewsheds, PART 3 - GENERAL REGULATIONS 23 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS /"\ (c) the availability and capacity of municipal streets, water, and sewer infrastructure to service the development, (d) the availability of utilities, (f) public safety and convenience, (g) other considerations, which in its opinion, are material, and notwithstanding the conformity of the application with these Regulations, Council may, in its discretion, and as a result of its consideration of the matters set out in this Regulation, approve with conditions or refuse the application. (2) Where Council receives an application for a discretionary use, it will give public notice in accordance with Regulation 3.21 (4). (3) When approving a discretionary use, Council shall state in writing the basis for its approval. 3.6 Variances (Refer to Provincial Development Regulations, Section 12) (1) Where an approval or a permit cannot be given by Council because a proposed development does not comply with development standards set out in these Regulations, Council may, in its discretion, vary the applicable numeric development standards in the applicable use zone table to a maximum of 10 percent if, in Council's opinion, compliance with the development standards would prejudice the proper development of the land, building or structure in question, or would be contrary to the public interest. (2) Council shall not allow a variance from numerical development standards set out in a use zone table 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 percent variance even though the individual variances are separately not greater than 10 percent. (3) Council shall not permit a variance from the development standards in a use zone table where the proposed development would increase the non-conformity of an existing development. (4) Where Council is to consider a proposed variance from a development standard in a use zone table, in accordance with Regulation 3.21(2), it will give written notice of the proposed variance to all persons whose land, in the opinion of Council, may be affected. At a minimum, this will include all land located within sixty (60) metres of the property that is the subject of the variance. Where it deems necessary, Council may provide the notice to a wider area. (I") PART 3 -- GENERAL REGULATIONS 24 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 3.7 Non-Conforming Uses (Refer to Section 108(2) of the Urban and Rural Planning Act 2000 and Sections 14, 15, and 16 of the Provincial Development Regulations) (1) Notwithstanding the Municipal Plan, a scheme, or regulations made under the Urban and Rural Planning Act 2000, Council 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 of the plan, scheme or regulations made with respect to that kind of development or use. (2) Notwithstanding Paragraph (1), a right to resume a discontinued non-conforming use of land shall not exceed one year after the discontinuance occurred. For the purpose of this Regulation, discontinuance of a non-conforming use begins when any one of the following conditions is met: (a) The building or use of land is clearly vacated, (b) The owner or tenant has ceased paying business taxes for that use, and (c) The owner or tenant has stated in writing that the use has ceased. (3) A non-conforming building, structure, or development under the Act, which is allowed to continue under Paragraph (1): (a) shall not be internally or externally varied, extended, or expanded unless otherwise approved by Council, (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 percent or more of the value of that building, structure or development has been destroyed, except as provided for in Paragraph (g) below, (d) may have the existing use for that building, structure or development varied by Council to a use that is, in Council's opinion, more compatible with the plan and regulations applicable to it, (e) may have the existing building extended where, in Council's opinion that extension is not more than 50 percent of the existing building, (f) where the non-conformance is with respect to the standards in these Regulations, shall not be expanded if the expansion would increase the non- conformity, and (g) where the building, structure, or development is primarily zoned and used for residential purposes, may, in accordance with the appropriate plan and regulations, be repaired or rebuilt where 50 percent or more of the value of that building or structure is destroyed. (4) In accordance with Regulation 3.21(3), when considering an application to vary an existing use of a non-conforming building, structure, or development under Paragraph (3)(d), Council will, at the applicant's expense, provide public notice of the application and shall consider any representations or objections received in response to that advertisement. PART 3 - GENERAL REGULATIONS 25 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 3.8 Service Levy (1) In accordance with Section 149(2) of the Municipalities Act, 1999, where Council carries out a public work that enables a real property to be developed or developed to a higher density, or enhances the value of a property, Council may charge a service levy on the property. (2) The amount of a service levy shall be determined by Council, but shall not exceed the cost, including finance charges, to Council of constructing or improving the public works that are necessary for the real property to be developed in accordance with Council's standards by Council and for uses that are permitted on that real property. (3) A service levy shall be assessed on the real property based on: (a) The amount of real property benefitted by the public work related to all the real property so benefitted; and, (b) The density of development made capable or increased by the public work. (4) Council may require a service levy to be paid by the owner of the property benefitted and may specify the time for payment. 3.9 Financial Guarantees by Developer (1) Council may require a developer, before commencing a development, to make such financial provisions and/or enter into such agreements as may be required, to guaran- tee 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 Paragraph (1) may be made in the form of: (a) A cash deposit from the developer, to be held by Council, (b) A guarantee by a bank, or other institution acceptable to Council, for expenditures by the developer, (c) A performance bond provided by an insurance company or a bank, or (d) An annual contribution to a sinking fund held by Council. (3) Mineral Workings (a) The developer of a mineral working use shall provide a financial guarantee in the form of a performance bond or unconditional and irrevocable letter of credit or other form acceptable to Council for an amount to cover the cost of restoring or landscaping the site after the quarry operations have ended or the site is abandoned by the applicant. (b) The financial guarantee shall be returned when the restoration has been carried out or the development has been terminated in accordance with conditions attached to the development permit. PART 3 -- GENERAL REGULATIONS 26 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 3.10 Dedication of Land for Public Use Council may require the dedication of a percentage of the land area of any subdivision or other development for public use, and such land will be conveyed to Council in accordance with Section 37 of the Act. Such land must be high quality land suitable for the intended public use and not land that Council requires to be set aside from development for the purposes of stormwater drainage or environmental protection. 3.11 Reinstatement of Land Where the use of a site is discontinued, the intensity of its use is decreased, a development permit has been revoked or has expired, or a temporary development permit has expired, Council may order the developer, the occupier of the site, the owner, or all of them to reinstate the site, remove all or any buildings or erections, cover or fill all wells or excavations, and close all or any accesses, or do any or all of these things, as the case may be, and the developer, occupier or owner shall carry out the order of Council and shall put the site in a clean and sanitary condition to Council's satisfaction. 3.12 Form of Application (1) An application for a development permit or for approval in principle shall be made to Council only by the owner or by a person authorized by the owner on such form as may be prescribed by Council and every application shall include plans and an application fee if required. (2) Council shall supply to each applicant a copy of the application form referred to in Paragraph (1) and any available information relevant to the application. 3.13 Register of Applications Council shall keep a public register of all development applications and shall enter therein Council's decision upon each application and the result of any appeal from that decision. 3.14 Deferment of Application (1) Council may, with the written agreement of the applicant, defer consideration of an application. (2) An application that was properly submitted in accordance with these Regulations, which has not been determined by Council and on which a decision has not been com- municated to the applicant within sixty (60) days of the application being received by Council, shall be deemed to be refused. PART 3 - GENERAL REGULATIONS 27 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 3.15 Approval in Principle (1) An application for an approval in principle fora subdivision or other form of development will include a description of the site and the proposed development, including a professionally prepared drawing, which: (a) Delineates the limits of land to be used for the proposed development, (b) Shows contours and significant natural features such as wetlands, watercourses, drainage channels, and slopes that exceed 15 percent, (c) Shows existing streets, buildings, and land uses in the vicinity of the site, (d) Shows a conceptual layout of proposed streets, trails, and other major components of the development, and (e) Provides any additional information that may be requested by Council. (2) Council will not consider an application for an approval in principle unless it includes a full description of the site and proposed development in accordance with Paragraph (1). (3) Council may grant an approval in principle if it determines that the proposed develop- ment complies generally with the intent and purposes of the Municipal Plan and these Regulations. Council will attach to the approval in principle such conditions that it deems necessary to ensure the proposed development will be in accordance with the Plan and these Regulations. It will also outline such details that the applicant will be required to address before a final development permit will be granted. (4) An approval in principle will be valid for a period of one (1) year and may be extended for one (1) additional year, up to a maximum of two (2) years. (5) Where approval in principle is granted, approval of a final development permit will be subject to the subsequent approval by Council of any details and conditions that were outlined in the approval in principle. (6) Approval in principle will not constitute permission to commence development. No form of development will commence until Council has issued a proper development permit. (7) Council may revoke approval in principle if it determines that the applicant has changed the proposed development in a way that significantly alters the original intent of the application or has not adequately addressed conditions or details stipulated in the approval in principle. (8) A decision by Council on an application for an approval in principle can be appealed in accordance with Section 41(1) of the Act. 3.16 Development Permit (1) A written development permit issued by Council or its designated staff will constitute permission to develop in accordance with these Regulations, but such permission shall not relieve the applicant from full responsibility to obtain all other permits or approvals PART 3 - GENERAL REGULATIONS 28 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS prior to commencement of development and to comply with all other regulations and statutes during development. (2) Council may attach conditions to a development permit to ensure compliance with the Municipal Plan and these Regulations, and the permit holder will be responsible for full compliance with these conditions. (3) A development permit is valid for a specified period not to exceed one (1) year. If the development has not commenced, the permit may be renewed at the discretion of Council. (4) The issuance of a development permit does not prevent Council from thereafter requiring the correction of errors or ordering the termination of and remedial work on any development being carried out that is in violation of the Municipal Plan or these Regulations. (5) The approval of an application and associated plans and drawings shall not prevent Council from thereafter requiring the correction of errors or from ordering the cessation, removal of, or remedial work on any development in the event the same is in violation of these Development Regulations or any other regulations or statute. (6) Council may revoke a permit: (a) for failure by the holder of the permit to comply with these Regulations or any condition attached to the permit or approval in principle, (b) where Council determines that the permit holder has changed the proposed development in a way that significantly alters the intent of the original application, or (c) where the permit was issued in error or based on incorrect information. (7) No person shall change the application for which a development permit was issued unless Council has issued written approval of the change. (8) A copy of the development permit, along with plans and specifications, shall be kept on the site until the development is completed. (9) A decision by Council on an application for a development permit may be appealed in accordance with Section 41(1) of the Act. 3.17 Temporary Use At its discretion, Council may approve a temporary building, structure, or use of land for a maximum to two (2) years subject to such conditions that it deems necessary. PART 3 -- GENERAL REGULATIONS 29 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 3.18 Permit Fees Council may charge a fee for a development permit in accordance with a schedule of fees adopted by Council. 3.19 Compliance with Government Policies and Regulations (1) If Council deems that a proposed development may be affected by a provincial or federal policy or regulation, the applicant may be required to provide confirmation that necessary government approvals have been obtained before Council will issue a development permit. (2) If Council deems that a proposed development may trigger the requirements of the Environmental Assessment Act, the proponent will be advised to consult with the Department of Environment and Climate Change before Council will issue a development permit. (3) Where these Regulations are more stringent than a provincial or federal act of regulation, these Regulations will apply. 3.20 Reasons for Refusing or Setting Conditions on a Permit Council shall, when refusing to issue a permit or attaching conditions to a permit, state in writing the reasons for so doing. 3.21 Notice of Application (Refer to Provincial Development Regulations, Sections 13 & 15) (1) Notice of an application to Council shall, at the applicant's expense, be given when: (a) A variance is to be considered under Regulation 3.6 - Variances, (b) A change in a non-conforming use is to be considered under Regulation 3.7 - Non-Conforming Uses, (c) A proposed discretionary use is to be considered in accordance with Regulation 8.5 - Discretionary Uses. (d) A proposed development is listed as a discretionary use in Part 9 - Use Zone Tables, or (e) Council deems that the public should be notified. (2) Variance Application In accordance with Regulation 3.6(4) of these Regulations and Section 13 of the Provincial Development Regulations, notice of a variance application will be given directly to persons who are likely to be affected and a minimum of ten (10) days from the posting of the notice will be provided for persons to respond. (3) Application to Change a Non-Conforming Use In accordance with Regulation 3.7(4) of these Regulations and Section 15 of the Provincial Development Regulations, notice of an application to change a non- PART 3 -- GENERAL REGULATIONS 30 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS conforming use will be given directly to persons who are likely to be affected, and in addition will be posted on one or more of the following: Council's newsletter, website or social media page, the Community Channel, local bulletin boards, or by advertisement in a newspaper circulating in the area. A minimum of ten (10) days from the posting of the notice will be provided for persons to respond. (4) Discretionary Use Application In accordance with Regulation 8.5 of these Regulations, notice of an application to develop a discretionary use, or which otherwise requires Council's discretionary approval, will be given directly to persons who are likely to be affected, and in addition will be posted on one or more of the following: Council's newsletter, website or social media page, the Community Channel, local bulletin boards, or by advertisement in a newspaper circulating in the area. A minimum of ten (10) days from the posting of the notice will be provided for persons to respond. (5) Discretionary Accessory Building Application In accordance with Regulation 5.2(3), notice of an application for discretionary approval of an accessory building will be given directly to persons who are likely to be affected, and in addition posted on one or more of the following: Council's newsletter, website or social media page, the Community Channel, local bulletin boards, or by advertisement in a newspaper circulating in the area. A minimum of ten (10) days from the posting of the notice will be provided for persons to respond. (6) Other Applications Public Should be Aware Of For any other development that Council deems the public should be made aware, notice of application will be given directly to persons who are likely to be affected, and in addition will be posted on one or more of the following: Council's newsletter, website or social media page, local bulletin boards, or by advertisement in a newspaper circulating in the area. A minimum of ten (10) days from the posting of the notice will be provided for persons to respond. 3.22 Monitoring and Enforcement (1) Council will monitor land uses and development activities throughout the Planning Area to ensure compliance with the Municipal Plan and Development Regulations. (2) Any land use or development that does not comply with the Municipal Plan and these Development Regulations will be subject to a stop-work order or other such action deemed necessary by Council to require compliance. 3.23 Delegation of Powers (Refer to Provincial Development Regulations, Section 18) In accordance with Section 109(2) of the Act, Council may, by resolution, delegate its authority to administer these Regulations or part thereof to an employee or other agent of Council. When delegating this authority, Council shall make that appointment in writing. PART 3 -- GENERAL REGULATIONS 31 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 3.24 Right of Entry Any official authorized by Council may enter upon land and may at all reasonable times enter any development or building for the purpose of making inspections relative to the development. 3.25 Record of Violations Every inspector shall keep a record of any violation of these Regulations and report that violation to Council. 3.26 Stop Work Order and Prosecution (1) Where a person begins a development contrary or apparently contrary to these Regulations, Council may order that person to stop the development pending final adjudication in any prosecution arising out of the development. (2) A person who does not comply with an order made under Paragraph (1) is guilty of an offence under the provisions of the Act. 3.27 Notice of Right to Appeal Where Council makes a decision that may be appealed under Section 41(1) of the Act, Council 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 an Appeal Adjudicator, (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. 3.28 Appeals (Refer to Urban and Rural Planning Act, 2000)) Part VI of the Urban and Rural Planning Act, 2000 outlines the Act's provisions with respect to appeal requirements and procedures, what can and cannot be appealed, procedures and powers of an adjudicator, and types of decisions that can be taken by an adjudicator. 3.29 Return of Appeal Fee In accordance with Section 45(2) of the Act, where an appeal of a Council decision is successful, an amount of money equal to the appeal fee paid by the appellant shall be paid to the appellant by Council. PART 3 -- GENERAL REGULATIONS 32 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS PART 4: GENERAL DEVELOPMENT STANDARDS 4.1 Accesses and Service Streets (1) Every access to a street shall be located to the specification of Council to ensure the safety and efficiency of the street system. Council may require the construction of a service street to reduce the number of accesses to an arterial street. (2) No driveway or other access will be located closer than 10 metres from the street line of any street intersection. 4.2 Access to Backland Areas (Also refer to Regulation 6.14) (1) In order prevent the landlocking of suitable areas for future development, Council may require developers to provide adequate street access via a minimum right-of-way to adjoining backland areas. Depending on the development potential of the area to be accessed, Council may require the right-of-way to be 12.2 metres or 15.0 metres in width. (2) Council will ensure that appropriate street reservations are reserved along arterial, collector and local streets to provide for future connections to backland areas with development potential. The Land Use Zoning maps show access points where land will be reserved to allow for future roads to provide access to undeveloped land. 4.3 Archaeological Sites (1) Archaeological sites are protected under the Historic Resources Act. No development, excavation, or other disturbance of land will be permitted inside a buffer of 100 metres of the perimeter of a known site without first notifying the Provincial Archaeology Office so that necessary measures can be taken to ensure that the site is not disturbed or destroyed. (2) If an archaeological site or artifact is discovered during development of a property, the development shall stop and Council will consult with the Provincial Archaeology Office. Development shall not proceed until the Provincial Archaeology Office has evaluated the site or authorized the development to proceed. 4.4 Residential Area Buffers Where a proposed industrial or commercial development abuts a residential area, Council may require the industrial or commercial development to provide buffer strip not less than ten (10) metres wide between any residential property and the industrial/commercial area. Conversely, Council may require a new residential development to provide a buffer strip of not less than ten (10) metres. The buffer shall include the provision of such natural or structural barrier as may be required by Council and shall be maintained by the owner or occupier to the satisfaction of Council. PART 4 -- GENERAL DEVELOPMENT STANDARDS 33 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 4.5 Fire Hydrant Buffers No building, fence, hedge, or other structure will obstruct access to a fire hydrant from the street, obstruct the visibility of a fire hydrant from the street, or protrude closer than 3.0 metres to a fire hydrant. 4.6 Watercourses and Wetlands (1) Designated Watercourses and Wetlands Designated watercourses include rivers, streams, lakes and ponds whose shoreline areas are located within the Environmental Protection zone on the zoning maps. Generally, the zone extends up to 30 metres from the ordinary high-water mark of the watercourse but may extend a shorter or longer distance depending on existing development or where adjoining land is environmentally sensitive, for example, where shoreline embankments are steep or where the riparian area abuts a wetland. (2) Other Watercourses and Wetlands Other watercourses and wetlands, which are not located within the Environmental Protection zone, are subject to the following: (a) No development will be permitted within 15 metres of the ordinary high-water mark of a watercourse or within 15 metres of the edge of a wetland except for: - Reconstruction of a building or structure that was in existence on the date that this Municipal Plan came into effect, - A building or structure associated with a public work, for example, a water treatment facility, water main, or pump house, - An open space use such a trail, and - A transportation use (e.g., road, bridge, culvert), which by necessity must cross a watercourse. (b) Notwithstanding paragraph (a), if a watercourse or wetland is deemed to be minor (see definitions below), Council may permit a development subject to conditions. A minor watercourse is defined as a (i) drainage course that carries water only during rain events or snowmelt, (ii) an intermittent stream that does not carry significant spring runoff, or (iii) a stream that is not fish habitat. A minor wetland is defined as a wetland less than one (1) hectare in area that is not associated with a watercourse and is not deemed to be an environmentally sensitive area. PART 4 -- GENERAL DEVELOPMENT STANDARDS 34 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (3) Development Within a Body of Water Council will not approve infilling or other development within a body of water or involving alteration of a body of water unless the development or alteration has been approved or exempted by the Water Resources Management Division of the Department of Environment and Climate Change and any other agency having jurisdiction. 4.7 Building Lines and Setbacks (1) Council, by resolution, may establish building lines on an existing or proposed 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 Part 9 of these Regulations. (2) A frontyard building line setback is measured from the street line. (3) Notwithstanding the minimum frontyard requirements set out in the Use Zone Tables in Part 9, Council, at its discretion, may allow development to complement existing building setbacks on adjoining properties. (4) In addition to required approval from Council, the provincial Building Near Highways Regulation requires that proposed developments located within 10 metres of the centre line of Route 370-11 (aka Millertown Road) and Route 370-12 (aka Beothuk Road) must also acquire permission from the Department of Transportation and Infrastructure. (5) A sideyard setback shall be provided on the exposed sides of every building in order to ensure safe separations between buildings on adjoining lots and provide access for building maintenance. An exception may be made for a handicap access ramp as noted in Regulation 5.1. 4.8 Multiple Uses on a Lot A multiple use occurs when two or more different use classes exist in a single building or on a single lot. (1) Where a single lot contains more than one permitted use, each use shall conform to all requirements in these Regulations that are applicable to that use. (2) A proposed new use on a multiple-use lot may not be permitted where Council deems that the use might be incompatible with existing uses on or adjacent to the lot by reason of safety, amenity, appearance, or nuisance. 4.9 Main Buildings on a Lot (1) More than one main building may be permitted on a lot provided that the requirements set out in the Use Zone Tables in Part 9 are satisfied. (2) Notwithstanding Paragraph (1), no more than one single dwelling may be permitted on a lot except at the discretion of Council. PART 4 -- GENERAL DEVELOPMENT STANDARDS 35 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (3) Where more than one main building is developed on a lot, sufficient area shall be reserved to satisfy the yard requirements and other allowances outlined in Part 9 for the Use Zone in which the lot is located. These allowances shall be maintained when the adjacent land is developed. 4.10 Lot Area (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 frontyard, rearyard, sideyard, frontage, or lot area that is less than, that permitted for the zone where such lot is located. (2) Where any part of a lot is required by these Regulations to be reserved as a frontyard, sideyard, or rearyard, 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. 4.11 Lot Area and Size Exceptions Where, at the time of coming into effect of these Regulations, one or more lots already exist in any residential zone with insufficient frontage or area to permit the owner or purchaser of such a lot or lots to comply with the provisions of these Regulations, then these Regulations shall not prevent the issuing of a permit by the Council for the erection of a dwelling thereon, provided that the lot coverage and height are not greater than, and the yard setbacks and floor area are not less than the standards set out in these Regulations. 4.12 Street Frontage Other than exceptions that are provided for in Part 9 - Use Zone Tables, no building shall be erected on a lot that does not front directly onto a public street. 4.13 Offensive and Dangerous Uses No building or land shall be used for any purpose that may be dangerous by causing or promoting fires or other hazards or that may emit noxious, offensive, or dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or that may create any nuisance that has an unpleasant effect on the senses, unless its use is authorized by Council. 4.14 Screening and Landscaping (1) Council may, in the case of existing unsightly development, order the owner or occupier to provide adequate and suitable landscaping or screening; and for this purpose, may PART 4 - GENERAL DEVELOPMENT STANDARDS 36 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS require the submission of an application giving details of the landscaping or screening, and these Regulations shall then apply to that application. (2) The provision of adequate and suitable landscaping or screening may be made a condition of any development permit where, in the opinion of Council, landscaping or screening is desirable to protect the environment, character, and appearance of the area. 4.15 Public Services and Utilities Within any zone, Council may permit land to be used in conjunction with the provision of public services and public utilities if it deems that the use of that land is necessary to the proper operation of the public service or public utility concerned, provided that the design, construction, landscaping, and operation of the service or utility, in the opinion of Council, will be adequate to protect the environment, character, and appearance of the area. In the Environmental Protection zone, Council will not allow land to be used for public services and utilities if there is a feasible alternative location for these uses outside those zones. 4.16 Land Capability for Development The following provisions will apply to all proposed land developments, ranging in scale from an individual lot to a multi-lot development. (a) When reviewing a development application, Council shall consider: (i) the capacity of municipal water and sewer infrastructure to service the development, (ii) street capacity to handle anticipated traffic load, (iii) the capability of the site in terms of slope, soils, geology, water table, surface and sub-surface drainage, and potential drainage and stormwater impacts on nearby properties and watercourses, and (iii) other factors that Council deems to be relevant. b) Before approving a development, if there are concerns or unanswered questions regarding water and sewer capacity to service the development, the general biophysical capability of the site, or potential for adverse drainage impacts, Council may require the applicant to have the proposed development reviewed by a certified engineer. The review shall address all questions and potential concerns identified by Council, and if deficiencies are identified, recommend appropriate measures to correct or mitigate these deficiencies. (c) An approval in principle or a permit to develop will not be granted when in Council's opinion existing municipal infrastructure has inadequate capacity to service the development or the clearing, excavation, and infilling of land, or other site developments will result in unacceptable drainage, environmental, or aesthetic impacts. PART 4 - GENERAL DEVELOPMENT STANDARDS 37 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 4.17 Storm Drainage (1) Due to its topography and the location of Millertown's main townsite downslope from likely areas of future development, a particular concern relates to potential impacts from increased storm drainage generated by development at the higher elevations. As land is developed, more stormwater will be generated resulting in higher surface runoff, underground drainage, and overloading of streams and ditches that flow across existing streets and residential properties. Development will not be permitted in a manner that may cause excessive increases in stormwater runoff such that it could be detrimental to downslope properties, steep or unstable slopes, nearby watercourses, and environmentally sensitive areas. Connection of site drainage pipes and other infrastructure to the municipal sanitary sewer system is strictly prohibited. Any person who is found to have undertaken such an activity will be responsible for all costs associated with disconnecting from the sanitary sewer, repairing any damage this has caused, and installing a proper site drainage system as approved by Council. (4) In areas where there is concern that development may contribute to damaging increases in runoff, sub-surface drainage, or overloading of streams, Council will require the development to include necessary measures to reduce stormwater flows to an acceptable level. This may include a review by a certified engineer or technician to recommend appropriate measures to achieve the necessary reduction. Measures that could be necessary include: (a) Set aside undeveloped land where stormwater can be discharged to naturally infiltrate into the soil. (b) Incorporate into the development setting ponds or similar infrastructure to contain stormwater on the property. (c) Maintain vegetated buffers between stormwater drainage outlets and watercourses to minimize direct discharges into watercourses. (d) Preserve existing trees or plant additional trees and shrubs to promote soil infiltration and capture sediments. (e) Install soakaways to capture runoff and infiltrate it directly into the ground. (f) Channel runoff to low-lying areas on the development site and on individual lots. (g) Take advantage of the topography to reduce storm drainage, for example, retain natural depressions in the landscape to accumulate runoff and promote soil infiltration. (h) Re-establish vegetative cover immediately on gravel surfaces, banks, drainage ditches, and other areas disturbed by construction activity. (i) Minimize pavement and other impervious surfaces that prevent infiltration and increase runoff. PART 4 - GENERAL DEVELOPMENT STANDARDS 38 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 4.18 Unserviced Development (Also refer to Regulation 6.6) Before approving a subdivision or building permit application in a location where municipal water and/or sewer services cannot be provided, Council will ensure that the development complies with all applicable Provincial regulations and requirements for unserviced development including: (a) The "Groundwater Supply Assessment and Reporting Guidelines for Subdivisions Serviced by Individual Private Wells" (www.qov.nl.ca/mae/files/waterres-regulations-appforms-unserviced-subdivision-gw- assessment-guidelines-dwh-revisions.pdf) (b) The Sanitation Regulations under the Public Health Act (www.assembly.nl.ca/legislation/sr/regulations/rc960803. htm) 4.19 Preparing a Site for Development (1) No clearing of vegetation, excavation, or infilling of land to prepare a site for development will be permitted until a development permit for the site has been approved. (2) Vegetation clearing and site excavation and infilling will be limited to an extent that is deemed by Council to be necessary to accommodate the development and environmentally and aesthetically acceptable. 4.20 Soil and Gravel Removal Incidental to Site Development (1) If as part of site preparation for a development, Council may approve limited mineral working activity including excavation, removal and sale of sand, gravel, or other aggregates. A quarry permit from the Mines Division of the Department of Industry, Energy, and Technology may first be required before Council will issue a development permit for the mineral working activity. A development permit for incidental mineral working will be valid for the period of the development or one year, whichever is less, and may be renewed annually at Council's discretion. The permit will specify that site excavation and aggregate removal will be limited to what is necessary to suitably develop the site. If Council deems that a site excavation and aggregate removal exceeds what is necessary, an immediate stop work order will be issued. (4) When the site work is completed, the area will be landscaped and drained to the satisfaction of Council. PART 4 -- GENERAL DEVELOPMENT STANDARDS 39 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (5) If the site work is to be extensive, Council may require the deposit of a surety in accordance with Regulation 3.9(3), which will be returned to the developer upon satisfactory completion of the work. 4.21 Development on Steep Slopes (1) Slopes Steeper than 20 Percent No development other than a recreational use or public utility will be permitted on a slope steeper than 20 precent. An application for such a development must include a biophysical assessment to identify potential adverse impacts as well as necessary measures to prevent or mitigate such impa2) Slopes of 15 to 20 Percent On slopes between 15 to 20 percent, development may be permitted at Council's discretion subject to the following: (i) Council may require, at the applicant's expense, an assessment of the proposed development by a certified planner, civil engineer, geotechnical engineer, engineering technician, or similar professional. (ii) The assessment will evaluate the proposed site grading, landscaping, site drainage, stormwater management, and the potential for the development to cause erosion, siltation, and pollution of adjacent lands and watercourses. (iii) The assessment will recommend whether the development should be approved. (iv) If approval is recommended, the assessment will recommend necessary measures to prevent or mitigate predicted adverse impacts. 4.22 Street Construction Standards A new street (see definition in Part 2) will be constructed in accordance with the design and construction specifications set by Council. 4.23 Development in the Vicinity of a Public Right-of-Way or Easement (1) Land development and the erection of buildings and structures will not be permitted on any site where it might otherwise be permitted under these Regulations, when in the opinion of Council, the development would impede public passage on a public trail or other right-of-way, interfere with any legal right of Council to develop or improve the right-of-way for public access and recreation, or encroach on an easement of a water, sewer, hydro transmission line, or other public utility. (2) Council may require a minimum setback or set other terms and conditions to a proposed development in the vicinity of a public right-of-way or utility easement. 4.24 Off-street Loading and Parking Requirements Refer to Appendix C. PART 4 - GENERAL DEVELOPMENT STANDARDS 40 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS PART 5: SPECIFIC USE REGULATIONS 5.1 Access Ramps and Deck (1) At its discretion, after consulting with abutting property owners, Council may permit a handicapped access ramp to be erected within a minimum front, rear, or sideyard setback if there is no alternative means to provide the access ramp and the ramp does not create a safety hazard or block sight lines. (2) An open or partially enclosed deck attached to a building shall not extend into the minimum frontyard, sideyard or flanking road setback and shall not be closer to the rear lot line than 1.0 metre. (3) An access ramp or open deck shall not be deemed to be part of the building when calculating lot coverage in Part 9 -- Use Zone Tables. 5.2 Accessory Buildings on Residential Lots 1. General Requirements (a) An accessory building will be clearly incidental and complementary to the dwelling. (b) Where an accessory building is located in the rearyard of the dwelling, the minimum sideyard and rearyard setback from all property boundaries will be 1.0 metre. (c) Where an accessory building is located in the sideyard of the dwelling, the minimum sideyard setback will be the same as that required for the dwelling. (d) No accessory building will be located closer than 3.0 metres to any other building, whether the other building is on the same lot or an adjoining lot. (e) No accessory building will be erected upon an easement. 2. Additional Requirements for Residential Lots In addition to the General Requirements outlined in Paragraph (1), the following requirements will apply to the erection of accessory buildings on residential lots. (a) Frontyard Location (I) No accessory building will be located closer to the street than the front line of the dwelling, except where approved at Council's discretion in accordance with Paragraph (ii). (ii) Notwithstanding Paragraph (i), at its discretion Council may approve an accessory building closer to the street than the dwelling provided that: - Council deems that the applicant has a legitimate reason to erect the accessory building closer to the street than the dwelling, - Council deems that the placement of the building will not negatively affect neighbouring properties, and PART 5 -- SPECIFIC USE REGULATIONS 41 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS - The accessory building shall be no closer than 7.0 metres from the street line. (b) Corner Lots On a corner lot, at its discretion, Council may permit an accessory building closer to the flanking street than the main dwelling provided that the building is set back at least 6.0 metres from the flanking street, will not negatively affect neighbouring properties, and will not impede the required sight line at the street intersection. (c) Maximum Floor Area and Height Development of one or more residential accessory buildings on a lot will be in accordance with the following table. Lot Size Maximum Combined Floor Area of Accessory Buildings Maximum Height 1500 m2 or less 7% of the lot area or 70 m2, whichever is less 6.0 m 1501-3000 m2 7% of the lot area or100 m2, whichever is less 6.0 m > 3000 m2 7% of the lot area or 130 m2, whichever is less 6.0 m (d) No truck, bus, semi-trailer, or other vehicle body will be used as an accessory building. (e) At its discretion, Council may permit a portable shelter (see definition in Part 2) to be used as an accessory building, subject to the provisions of this Regulation. (f) (g) No accessory building will be used for a home occupation except as approved at Council's discretion in conformity with Regulation 5.9 of these Regulations. Except for personal needs, no accessory building will be used for painting, dismantling, or scrapping vehicles or machinery. (h) Applications for Discretionary Approval In reviewing an application for discretionary approval with respect paragraphs (a), (b), (d), (e), and (f), Council will: (i) Require the applicant to submit a site plan showing the placement of the proposed building relative to the main dwelling and other buildings on the lot as well as on neighbouring lots, (ii) Provide notice of the application in accordance with Regulation 3.21(5) of the Development Regulations. (iii) Consider the location and size of the accessory building relative to the main dwelling as well as dwellings and buildings on neighbouring lots, (iv) Consider the effect of the accessory building and/or its use on neighbouring lots and the street, (v) Consider site topography and other site factors deemed Council deems relevant, PART 5 - SPECIFIC USE REGULATIONS 42 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (vi) Consider conditions that may be necessary to ensure the location, size, height, appearance, and use of the accessory building will not significantly affect the neighbourhood in terms of character, amenities, or property values, and (vii) Approve the application as submitted, approve the application subject to terms and conditions, defer the application pending additional information, or refuse the application. 5.3 Accessory Uses (1) Subject to these Regulations, Council may permit an accessory use to a main use in any zone. An accessory use will be clearly subsidiary and complementary to the main use, controlled so as to be compatible with the main use and nearby properties, and subject to special conditions set out in these Regulations or specified on a case-by- case basis by Council. (2) Examples of accessory uses include but are not limited to: (a) A facility for the serving of food and alcoholic beverages in an arena or other place of assembly, museum, or hotel, (b) A gift or souvenir shop in a museum, hotel, or other commercial establishment, (c) An office, small convenience store, or small catering establishment in a campground, (d) A home occupation, (e) A woodworking shop, domestic sawmill, hobby shop, games room, exercise room, or home theatre in a residential accessory building, (f) A tennis court, outdoor rink, or similar facility, (g) A satellite dish or similar device attached to a building, (h) A wind generator, solar panel, radio antenna, or similar device. 5.4 Bed and Breakfasts (B&Bs) and Visitor Rental Dwellings (1) Bed and Breakfasts Where permitted by Council, a bed and breakfast establishment will be subject to the following conditions: (a) It may operate only in a single dwelling unit. (b) It will not detract from the residential character of the neighbourhood in terms of scale or exterior design. (c) It will not have more than six (6) guest rooms. (d) No wholesale sales or storage of goods will be carried out and any retail sales will be incidental to the approved use. (e) At the discretion of Council, it may include catered dining on a limited-use basis. (f) In addition to the required residential parking spaces, it will provide on the same property a minimum of 1.0 to a maximum of 1.5 off-street parking spaces per guest room in a driveway and/or developed parking area. (g) It must comply with applicable Provincial regulations. PART 5 - SPECIFIC USE REGULATIONS 43 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (h) All grounds and buildings shall be kept in a safe and well-maintained condition. (2) Visitor Rental Dwellings Where permitted by Council, a visitor rental dwelling will be subject to the following conditions: (a) It may operate only in a dwelling unit. (b) It will not detract from the residential character of the neighbourhood in terms of scale or exterior design. (c) It will be rented as a single unit only, and not with different guest rooms rented to different customers. (d) No wholesale or retail sales will be carried out in association with visitor rentals. (h) It must comply with applicable Provincial regulations. (i) All grounds and buildings shall be kept in a safe and well-maintained condition. 5.5 Campgrounds and Tourist Cottage Establishments General Requirements (1) An application for a campground or a tourist cottage establishment will include a development plan with the following information: (a) Location and full limits of the development, (b) Layout of accesses and internal roads, (c) Number and location of cottage units and/or campsites, (d) Accessory uses such as comfort stations, laundry and storage facilities, washrooms, convenience store, employee accommodations, and outdoor and indoor recreation facilities, (e) Water supply and wastewater disposal, (f) Landscaping, (g) Buffers and screening between the site and other land uses, (h) Delineation of the property on a legal survey, and (i) A proposed phasing plan for the development. (2) All campsites, cottages, and on-site facilities, which form part of the development, will be accessible only via the internal road network of the development. (3) Council may require the development to include suitable buffers and screening where the development abuts a residential area. (4) The development permit will specify the maximum number of cottage units and/or campsites to be permitted on the site. (5) All grounds and buildings shall be kept in a safe and well-maintained condition. (6) No expansion or alteration, other than repairs and maintenance, will take place without the approval of Council. PART 5 -- SPECIFIC USE REGULATIONS 44 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (7) The operation will comply with all bylaws and regulations of Council pertaining to noise and unruly behaviour. (8) The development must comply with applicable Provincial regulations. Campgrounds (10) A campground site shall: (a) Front onto public street or highway. (b) Have a minimum contiguous area of no less than 4000 m2 (0.4 hectares). (c) Have an adequately lighted main entrance from sunset to sunrise. (d) Have an emergency exit. (e) Have a maximum density of 75 campsites per gross hectare. (11) Internal roadways in the campground shall: (a) Provide 24-hour vehicle access to every campsite. (b) Be no less than 4.0 metres wide. (c) Be designed and constructed such that vehicles and trailers will not become mired. (12) Every campsite shall: (a) If a tent site, have a minimum area of 120 m2 in area and a minimum width of 6.0 metres. (b) If a trailer or RV site, have a minimum area of 220 m2 and a minimum width of 12.0 metres. (c) Have the corners clearly defined with visible markers. (d) Be clearly numbered. (e) Have at least one and no more than two vehicle parking spaces. (f) Be no less than 50.0 metres from an on-site source of drinking water. Tourist Cottage Establishments (13) A tourist cottage establishment shall: (a) Front onto public street. (b) Have a minimum contiguous area of no less than 4000 m2 (0.4 hectares). (c) Have an adequately lighted main entrance from sunset to sunrise. (d) Have an emergency exit. (14) Internal roadways in the tourist cottage establishment shall: (a) Provide 24-hour vehicle access to every cottage. (b) Be no less than 4.0 metres wide. (c) Be designed such that vehicles and trailers will not become mired. (15) A tourist cottage establishment shall comply with the following: (a) The minimum ground floor area for a tourist cottage shall be 24 m2. (b) No cottage will be more than one storey in height. (c) The minimum distance between individual cottages or buildings containing more than one cottage unit shall be 6.0 metres. PART 5 - SPECIFIC USE REGULATIONS 45 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (d) The minimum rearyard will be 5.0 metres. (e) Planting areas shall be provided adjacent to the side and rear lot lines. (f) Each cottage will be clearly numbered. 5.6 Childcare Services Where permitted by Council, a childcare service will conform to the requirements of the Child Care Services Act and Regulations. If required a license to operate shall be obtained from the responsible Provincial department. Council will not approve a childcare use that has not obtained the necessary licenses and approvals from the Province. 5.7 Energy Generation Facilities Small-scale wind, solar, and hydro generating facilities and associated facilities and services may be subject to the approval of relevant provincial and federal departments, agencies, and public utilities. The design and location of such utilities shall take into consideration their impact on nearby land uses and persons, the environment, and other matters that Council may deem to be significant. 5.8 Fire Breaks At Council discretion, a fire break may be permitted in any land use zone for protection against forest fires. 5.9 Home Occupations Where permitted by Council, a home occupation will comply with the following conditions: (a) It will be clearly secondary to the residential use of the property, (b) It will be located inside the dwelling unit or, at Council's discretion, may be in an accessory building on the same lot as the dwelling. (c) Unless otherwise authorized at Council's discretion, it will not include outdoor storage of equipment or materials, (d) Notwithstanding paragraphs (b) and (c), at Council's discretion, a home-based fishing enterprise may be in an outdoor area of the lot if it is adequately screened or fenced- off to Council's satisfaction, (e) It will employ no less than one person who is a resident of the dwelling and may employ up to two persons who are not residents of the dwelling, (f) It will occupy no more than thirty percent (30%) of the floor area of the dwelling, (g) It will not use or keep in storage any hazardous materials, (h) It will not use water or generate sewage more than what can be accommodated by the existing water supply and sewage disposal system, (i) It will not cause noise, odours, fumes, electrical interference, or other nuisances that unreasonably affect neighbouring properties, 0) Unless otherwise authorized by Council, sufficient off-street parking space shall be available on the lot for the parking needs of residents, employees, and clients, (k) Council may require fencing, screening, and/or a minimum space separation to protect the amenity of adjacent uses, PART 5 - SPECIFIC USE REGULATIONS 46 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (I) It will not create traffic safety or traffic congestion concerns, (m) It will adhere to all other conditions that Council deems necessary to protect the amenity of adjacent residential uses and the neighbourhood, (n) In reviewing an application for a home occupation, Council will provide notice of the application in accordance with Regulation 3.21(4) -- Notice of Application, and (o) No change in the type or extent of a home occupation shall take place except with the approval of Council. 5.10 Agriculture -- Commercial Livestock Facilities (1) Except at Council's discretion, no new livestock facility designed to accommodate more than five (5) animal units, will be permitted within: (a) 300 metres of a residential dwelling except for a farm dwelling or a dwelling on the same property, (b) 300 metres of the boundary of land zoned for residential use, (c) 45 metres of the boundary of the property on which it is to be erected, and (d) 80 metres of the centre line of a public street. (2) Except for a farm dwelling or a dwelling on the same property, no new residential dwelling shall be developed within 500 metres of an existing livestock facility with capacity to accommodate more than five (5) animal units unless the dwelling is first approved by the Agriculture Lands Section of the Department of Fisheries, Forestry and Agriculture. (3) In addition to the above requirements, a new livestock facility will be subject to applicable Provincial acts and regulations 5.11 Mineral Exploration (1) Where it is permitted, a mineral exploration use that constitutes a development (in accordance with the definitions in Part 2) will make provision for buffering and other mitigations of impacts on residential, commercial, industrial, institutional, recreational, and environmentally sensitive areas. (2) Council will not issue a permit for mineral exploration until all necessary permits and approvals have been obtained from the Departments of Industry, Energy and Technology and other relevant government agencies. (3) Mineral exploration may be subject to conditions to control noise, appearance, road construction, ground disturbance, and other impacts, as well as the duration of exploration activity. The precise nature of these controls will depend upon the location of the exploration in relation to built-up and environmentally sensitive areas such as, watercourses and wetlands. (4) Mineral exploration that is not classed as a development by virtue of ground disturbance, access roads, or use of equipment other than hand tools may be permitted anywhere in the Planning Area with adequate notification to Council. PART 5 -- SPECIFIC USE REGULATIONS 47 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 5.12 Mineral Working (1) No new mineral working use will be developed without a development permit issued by Council. The development, operation, termination, and rehabilitation of a mineral working site will be carried out only in accordance with terms and conditions specified in the development permit. The development permit will be revoked if the operator does not comply with these terms and conditions. No development permit will be issued by Council unless the applicant has obtained a quarry license or lease issued by the Mineral Lands Division of the Department of Industry, Energy and Technology. An application to Council for the development of a mineral working use will include a site development plan with the following information: (a) The site's biophysical features (b) Delineation of the proposed extraction area (c) The type and location of proposed aggregate processing equipment (d) A site rehabilitation plan (see Paragraph 17 below) (4) Council may permit a mineral working processing plant (e.g., washing and screening plant, crusher) provided that the use will not significantly affect surrounding land uses by reason of noise, vibration, fumes, dust, odour, water drainage, unsightly storage of materials, or general appearance. (5) The permit fee for a mineral working use will be determined by Council in an amount sufficient to cover Council's costs associated with: (a) If necessary, a review of the development plan by a professional planner or engineer, (b) Regular inspections of the site to determine compliance with the permit, and (c) Inspections to determine acceptable site rehabilitation in accordance with a rehabilitation plan. (6) Except where Council may require a higher buffer, no mineral working extraction or processing plant will be permitted within: (a) 300 metres of a residential dwelling or the boundary of a zone that permits residential development, (b) 200 metres of a commercial or public building or recreational open space use, (c) 30 metres of a watercourse or wetland, and (d) 50 metres of a public street or highway. (7) Except where Council may require a higher buffer, (a) No dwellings will be permitted within 300 metres of the boundaries of a licensed mineral working extraction site or processing plant, and PART 5 -- SPECIFIC USE REGULATIONS 48 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (b) No commercial or public building or recreational open space use will be permitted within 200 metres of the boundaries of a licensed mineral working extraction site or processing plant. (8) No blasting or quarrying of hard rock will be permitted within 1,000 metres of a residential, commercial, or public building, a recreational open space use, or a zone that permits residential development. (9) An undisturbed buffer strip of at least 30 metres will be maintained between the final perimeter of a pit or quarry and the boundary of the lot on which it is located. (10) Where a proposed mineral working site is located in the vicinity of a public street or highway, Council may require the owner to provide for natural or artificial screening to obstruct visibility of the site. (11) Council may require the mineral working site or excavated area to be fully or partially enclosed by a fence designed and constructed to Council's specifications. (12) All topsoil and organic material will be securely stockpiled for future rehabilitation of the site. The operator will ensure that the topsoil is not mixed with aggregate materials. (13) No mineral working shall create excessive drainage or erosion onto adjacent properties or into nearby watercourses. (14) No mineral working shall cause the accumulation or ponding of water in any part of the site. Settling ponds will be permitted only with approval from the Department of Environment and Climate Change. (15) The mineral working site shall be kept clean of refuse, abandoned vehicles, abandoned equipment and derelict buildings. (16) During seasonal or extended shutdowns, the slope of any sand or gravel embankment shall not have a gradient steeper than 60 percent for the full depth thereof. (17) Site Rehabilitation (a) A development application for a new mineral working site will not be approved if it does not include a plan for site rehabilitation acceptable to Council. (b) Council may require the extraction site to be rehabilitated at progressive stages of extraction. (c) Upon abandonment of a mineral working site, the owner will: (i) Remove all buildings, machinery, and equipment, (ii) Grade all pit and quarry slopes to a slope of less than 60 percent, (iii) Rehabilitate the entire excavated area in accordance with the rehabilitation plan, and (iv) If required, close and decommission the access road to the site in accordance with Council's wishes. PART 5 - SPECIFIC USE REGULATIONS 49 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (18) Financial Guarantee In accordance with Regulation 3.9(3), Council may require the developer of a mineral working site to provide a financial guarantee to cover the cost of restoring the site as specified in Paragraph (17). (19) Other such conditions that Council deems as necessary. 5.13 Personal Livestock Use on Residential Lots (1) Permitted Only as an Accessory Use Personal livestock use is listed as a Discretionary Use in the Residential 1 and Residential 2 zones. An application for a personal livestock use will be considered only as an accessory use on a residential property and will be subject to public notice and Council's consideration of comments received. (2) Species Applications will be considered only for chickens, ducks, geese, quail, rabbits, and turkeys. (3) Permit Required No livestock will be kept on a residential property except with a permit issued by Council. The permit shall be visibly displayed on the livestock facility. Every permit will expire on December 31st and must be renewed for the following year. (4) Avoidance of Negative Impacts Every permit holder must ensure that the personal livestock use will not adversely affect neighbouring properties with regard to noise, unpleasant smells, attraction of vermin, and unsightly upkeep of premises. (5) Minimum Lot Size The minimum lot size is 600 m2 for the keeping of small livestock animals. (6) Maximum Animals Permitted If permitted at Council's discretion, the maximum number of animals on a residential property will be in accordance with the following table (see definition, of "Animal Unit for Personal Use" in Part 2) Lot Size Maximum Number of Animal Units (including offspring until weaning) <600 m2 None 600 - 1,000 m2 0.67 AU >1,000 - 2,000 m2 1.0 AU >2,000 - 3,000 m2 1.5 AU >3,000 - 6,000 m2 2.0 AU >6,000 m2 2 AU plus 1 AU per 2,000 m2 of additional lot area PART 5 -- SPECIFIC USE REGULATIONS 50 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (7) Mixing of Species Any mix of species is permitted provided that the total number of animals does not exceed the maximum permitted Animal Units. (8) Small Livestock Facilities (a) A facility for the keeping of small livestock will include an indoor shelter and an enclosed outdoor run. (b) No portion of the facility will be located within five (5) metres of the rear wall of the main dwelling, two (2) metres of the side and rear boundaries of the lot, twenty (20) metres of the nearest wall of a dwelling on an adjoining lot, ten (10) metres of a well, and fifteen (15) metres of a surface water body. (c) No portion of the facility will be located on any easement or right-of-way. (d) The combined area of the facility will be no smaller than four (4) square metres and no larger than ten (10) square metres (d) The facility will be enclosed with a 1.8-metre high fence (e) If keeping chickens, ducks, geese, quail, or turkeys, the facility will be covered with fish netting to prevent access by wild birds so as to minimize potential spread of bird flu or other bird diseases (f) The indoor shelter will be constructed of modern materials and built to be watertight, resistant to high winds and snow load, vermin resistant and able to be heated in winter months. (10) Facility Maintenance and Animal Care (a) All livestock facilities will be maintained continually in a clean condition, free of noxious odours, substances, and vermin. (b) Animals will be provided with clean drinking water and an adequate quantity and quality of food to allow for healthy growth and maintenance of a healthy body weight. (c) Food and water will be kept in receptacles that avoid contamination from excreta. (d) Animal excreta will be removed on a weekly basis, and properly contained and disposed of in an environmentally acceptable manner. (e) Animals will not be slaughtered on any property that is not zoned for agriculture use. (11) Removal Order If the permit holder fails at any time to comply with any of the above conditions, a removal order will be issued by Council and the annual permit will not be renewed. 5.14 Residential Care Homes (1) A residential care use may be permitted in a residential facility that is of adequate size to accommodate all persons living in the home including staff. PART 5 - SPECIFIC USE REGULATIONS 51 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (2) The use and appearance of the building shall not adversely affect the amenities of adjacent residences or the neighbourhood. Council may set conditions aimed at ensuring the use is compatible with the neighbourhood. (3) Council will not approve a residential care home that has not first been approved by Digital Government and Service NL and other Provincial agencies having jurisdiction. 5.15 Salvage Yards (1) No salvage yard will be developed or expanded in scale without a development permit issued by Council. The development, operation, termination, and rehabilitation of a salvage yard site will be carried out only in accordance with terms and conditions specified in the development permit. The development permit will be revoked if the operator does not comply with the terms and conditions of the development permit. (2) Except where Council requires a higher buffer, no salvage yard will be permitted within: (a) 300 metres of a residential or public building or recreational open space use, (b) 300 metres of the boundary of an area zoned for residential use, (c) 40 metres of the centerline of a public street, and (d) 60 metres of a watercourse or wetland. (3) No salvage yard will be permitted near an area where there may be a concern for stormwater or groundwater contamination or other potential pollution. (4) Council may require a salvage yard to provide for natural or artificial screening to obstruct visibility from a public street or other public place. 5.16 Service Stations and General Garages The following requirements shall apply to all proposed service stations and general garages: (a) All gasoline pumps shall be located on pump islands designed for such purpose, and to which automobiles may gain access from either side. (b) Pump islands shall be set back at least 4 metres from the street 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. 5.17 Storage and Scrapping of Car Wrecks and Other Salvage Materials The use of land for the storage or scrapping of car wrecks, old machinery and equipment, tires, scrap metals, used building materials and other recyclables will not be permitted except in an approved salvage yard. PART 5 -- SPECIFIC USE REGULATIONS 52 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 5.18 Tourist Cottages and Glamping Facilities on Residential Lots Where permitted at Council's discretion, a tourist cottage or glamping facility on a residential lot, will be subject to the zoning provisions and the following: (a) No more than two (2) units will be permitted on an individual residential lot (b) It will be permitted only as a secondary use to an existing residential dwelling (c) It will be approved only for nightly visitor accommodation and not for permanent or long-term living accommodation (c) The lot must be serviced by municipal water and sewer services or on-site water and sewer services that comply with applicable Provincial requirements (see Regulation 4.18) and includes adequate provisions to the satisfaction of Council for water supply and wastewater disposal for each unit (e) It will not detract from the residential character of the neighbourhood in terms of scale or exterior design and may require buffering and/or screening to Council's satisfaction from neighbouring dwellings (f) In addition to the required residential parking spaces, it will provide on the same property a minimum of 1.0 to a maximum of 1.5 off-street parking spaces per facility (g) Total lot coverage of all buildings must not exceed 30% of the lot area (h) All other conditions deemed necessary by Council. 5.19 Trails (1) Trails designated by Council will be protected from developments and activities that might impede public passage, undermine the amenities or aesthetics of the trail environment, or interfere with any legal right of Council to develop or improve the trails for public access and recreation. (2) No building or structure will be permitted on a site where it would otherwise be permitted under these Regulations, when in the opinion of Council, the development would impede passage on a designated public trail. (3) Generally, Council will protect a corridor no less than 15 metres wide for all designated trails, although this may be reduced for short distances at Council's discretion. (4) A proposal to develop an alternative use within a trail corridor will not be considered except where the applicant provides for the relocation of the trail in a way that results in minimal disruption to the trail's continuity and amenities. (5) As a condition of a Development Permit for a trail, Council may require that a trail corridor be deeded or licensed to the Town and where applicable, this may be considered as part of the open space requirement set out in Regulation 3.10. (6) Wherever space and terrain conditions allow, trails will be protected by natural vegetation buffers that separate the trail from other forms of development, hazard areas and areas subject to erosion such as sensitive coastal features, riverbanks, and steep slopes. PART 5 - SPECIFIC USE REGULATIONS 53 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 5.20 Travel Trailers and Recreational Vehicles (1) Where Permitted A travel trailer or recreational vehicle will not be permitted except: (a) In a designated campground. (b) As an accessory use on a residential lot. (c) At Council's discretion, as a main use on an otherwise vacant lot in the Residential-1 and Residential-2 zones. (d) At Council's discretion, as a glamping facility approved in accordance with Regulation 5.18. (2) Conditions for Approval as a Main Use Discretionary approval of a travel trailer or recreational vehicle as a main use on an otherwise vacant lot in the Residential-1 or Residential-2 zone will be subject to the following: (a) It will be connected to municipal water and sewer or to on-site water and sewer services that comply with Provincial requirements for unserviced development (Refer to Regulation 4.18), (b) It will be connected to electricity, (c) The lot will be landscaped to Council's satisfaction, (d) Except for Minimum Floor Area, it will be subject to the same development standards as required in the applicable zone for a tiny house, and (e) Other such conditions that Council deems necessary. PART 5 - SPECIFIC USE REGULATIONS 54 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS PART 6: SUBDIVISION OF LAND 6.1 Application Part 6 of these Regulations applies to each of the following: (a) The subdivision of a parcel of land under single ownership into two or more lots, including the residual lot, (b) Construction, upgrading, or extension of a public street, and (c) Extension or upgrading of the municipal water and sewer system. 6.2 Subdivision Permit Required (1) No land in the Planning Area shall be subdivided into two or more lots unless a permit for the subdivision is first obtained from Council. (2) For a subdivision involving street construction and/or installation of municipal water and sewer services, Council may require the deposit of a surety in a form satisfactory to Council to ensure completion of the work in accordance with the permit. 6.3 Services to be Provided No permit shall be issued for a subdivision of land unless provisions satisfactory to Council have been made for water supply, sewage disposal, and stormwater drainage. 6.4 Payment of Service Levies and Other Charges No permit will be issued for a subdivision of land until agreement has been reached for the payment of all fees levied by Council 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 these Regulations. 6.5 Permit Subject to Considerations For every proposed subdivision of land, an application and development plan shall be submitted to Council. A subdivision permit shall not be issued when, in the opinion of Council, the subdivision will not contribute to the orderly growth of the municipality or demonstrate sound design principles. In considering a subdivision application, Council shall, without limiting the generality of the foregoing, consider: (a) Proposed land uses within the development. PART 6 -- SUBDIVISION OF LAND 55 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (b) The location and natural characteristics of the site, including topography, drainage, soils and geology, vegetation, wetlands, watercourses, sensitive areas, prevailing winds, and solar orientation. (c) Municipal Plan policies, Development Regulations, and Use Zone affecting the site. (d) The capacity of municipal water and sanitary sewer infrastructure, stormwater infrastructure, and utilities to adequately service the development. (e) Provision for access to adjacent undeveloped areas. (f) The land use, physical form, and character of adjacent developments. (g) The relationship of the project to existing or potential sources of nuisance. (h) Visual quality and effect on viewsheds. (i) Energy conservation. (j) Environmental effects with respect to watercourses, wetlands, steep slopes, and loss of habitat. (k) Potential changes in drainage patterns and increases in stormwater generation and discharge, particularly regarding how downslope lands and properties could be affected. (I) Municipal financial costs related to the provision and maintenance of streets, water and sewer systems, other infrastructure, and municipal services. (m) Such other matters that Council deems to be important. 6.6 Unserviced Development (Also refer to Regulation 4.18) Before approving a subdivision in a location where municipal water and/or sewer services cannot be provided, Council will ensure that the development complies with all applicable Provincial regulations and requirements for unserviced development including: (a) The "Groundwater Supply Assessment and Reporting Guidelines for Subdivisions Serviced by Individual Private Wells" (www.gov.nl.ca/mae/files/waterres-requlations-appforms-unserviced-subdivision-gw- assessment-quidelines-dwh-revisions.odf) (b) The Sanitation Regulations under the Public Health Act (www.assembly.nl.ca/legislation/sr/regulations/rc960803.htm) 6.7 Building Permits Required Notwithstanding approval of a subdivision by Council, a separate building permit shall be obtained for each building proposed for construction in the subdivision, and no building permit for any building in the area shall be issued until the developer has complied with all the requirements in these Regulations with respect to the development of the subdivision. PART 6 -- SUBDIVISION OF LAND 56 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 6.8 Form of Application Application for a permit to develop a subdivision shall be made to Council in accordance with Regulation 3.12 - Form of Application. 6.9 Subdivision Subject to Zoning The subdivision of land must comply with all provisions of the Use Zone in which the land is located. 6.10 Building Lines Council may establish building lines for any subdivision street and require any new building to be located on such building lines. 6.11 Dedication of Land for Public Use In accordance with Section 37 of the Act, Council may require land developers to provide land to the Town land for open space or other public use equal to ten per cent of the gross area to be developed. In lieu of land dedication, Council may accept a sum of money that is equivalent to the value of the land that would have been conveyed to be used for the good of the community. Land to be provided for public use must be high quality land suitable for the purpose and will not include land that Council requires to be set aside from development for the purposes of environmental protection or stormwater control. 6.12 Structure in Street Reservation The placing of a structure (e.g., hydro pole, fire hydrant, mailbox, bus shelter, signpost) within any street reservation shall not be approved unless Council is satisfied on the question of safety regarding the structure's relationship to other buildings or structures within the street reservation and regarding the safe movement of vehicles and pedestrians. 6.13 Subdivision Requirements Where a subdivision involves construction of a new street or street extension, all work must be completed in compliance with the following requirements. (1) Street construction must meet the standards set out by Council with respect to: (a) street design and cul de sac length (b) intersection alignments and locations (c) sub-base and base (d) asphalt PART 6 - SUBDIVISION OF LAND 57 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (2) Water system construction must meet the standards set out by Council with respect to: (a) minimum burial beneath finished grades (b) water main and service line materials (c) fire hydrants (d) placement of main line valves (3) Sanitary sewer construction must meet the standards set out by Council with respect to: (a) gravity sewers (b) force mains (c) lift stations (4) Manholes and catch basins must meet the standards set out by Council with respect to location, materials, sizing, spacing, frames, grates, and covers. (5) All services and roadwork must be connected to existing services and roads in accordance with Council requirements. This may include work outside the limits of the subdivision boundary and onto existing road reservations and roadways. (6) The developer is responsible for the reinstatement of all property damaged during the connection process back to the original condition. This may include, but is not limited to, curb, sidewalk, asphalt, and seeded areas. 6.14 Access to Backland Areas (Also refer to Regulation 4.2) (1) In order prevent the landlocking of land that is suitable for future development, Council will require developers to provide adequate rights-of-way for street access to adjoining backland areas. (2) Depending on the development potential of the area to be accessed, Council may require the right-of-way width to be a minimum of 12.2 or 15.0 metres. (3) The Land Use Zoning maps show access points where land will be reserved to allow for future roads to provide access to undeveloped land. 6.15 Subdivision Design Standards No permit shall be issued for the development of a subdivision unless the design of the subdivision conforms to the following standards: (a) The finished grade of streets shall not exceed 10 percent, or up to 12 percent at the discretion of Council where it would otherwise be impossible to develop the site or compliance with 10 percent would entail excessive cutting and filling of slopes. (b) A cul de sac will be subject to the following: (i) It will not be permitted unless Council is satisfied that there is no reasonable alternative to developing the land. PART 6 -- SUBDIVISION OF LAND 58 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (ii) It will not be longer than 500 metres. (iii) It will not be located so as to appear to terminate a collector street. (iv) The turning circle will have a driving surface diameter of not less than 30 metres. (v) Emergency access/ egress to a cul de sac will not be less than 3 metres wide. (c) Land will not be subdivided in such a manner as to prejudice the development of adjoining land (also refer to Regulation 6.14) (d) Streets will be designed in accordance with the following minimum standards. Type of Street Street Reservation Pavement Width Arterial 30.0 m 15.0 m Collector 15.0 m 7.3 m Local 1 15.0 m 5.2 m Local 2 12.2 m 5.2 m (e) No street intersection will be closer than 60 metres from another street intersection. (f) No street intersection will be constructed at more than 5 degrees of a right angle. (g) No more than four streets will join at any one intersection. (h) No residential street block will be longer than 490 metres between street intersections unless permitted at Council's discretion and provided adequate access is provided to adjoining backland to the subdivision. (i) No residential lot will be more than four times deeper than the lot frontage. (j) Water and sewer mains will be designed as loops to avoid dead-ending. (k) Council may require existing natural, historic, and architectural features to be retained when a subdivision is developed. 6.16 Engineer to Design Works and Certify Construction Layout (1) Plans and specifications for all streets, paving, sidewalks, and all other utilities deemed necessary by Council to service the area proposed to be developed or subdivided shall be designed and prepared by or approved by the Engineer. Such designs and specifications shall, upon approval by Council, be incorporated in the plan of subdivision. PART 6 -- SUBDIVISION OF LAND 59 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (2) Upon approval by Council of the proposed subdivision, the Engineer shall certify all work of construction layout preliminary to the construction of the works and thereupon the developer shall proceed to the construction and installation, at his own cost and in accordance with the approved designs and specifications and the construction layout certified by the Engineer, of all such streets and other works deemed necessary by Council to service the said area. 6.17 Developer to Pay Engineer's Fees and Charges The developer shall pay to Council all the Engineer's fees and charges for the preparation of designs and specifications and for the layout and supervision of construction; such fees and charges being percentages of the total cost of materials and labour for the construction and installation of all works calculated in accordance with the Schedule of Fees recommended by the Association of Professional Engineers and Geoscientists of Newfoundland and Labrador and in effect at the time the work is carried out. 6.18 Street Works May Be Deferred The construction and installation of all curbs and gutters, catch basins, and paving specified by Council as being necessary, may, at Council's discretion, be deferred until a later stage of the subdivision development but the developer shall deposit with Council before approval of the 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, Council 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 Council the amount of the excess. If the contract price is less than the deposit, Council shall refund the amount of the excess. Any amount so deposited with Council 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. 6.19 Transfer of Streets and Utilities to Council (1) The developer shall, following approval of the subdivision and upon request of Council, transfer to Council, at no cost to Council, and clear of all liens and encumbrances: (a) All lands in the area proposed for development or subdividing, which are approved and designated by Council for public use as streets, or other rights- of-way, or for other public use. (b) All services and public works including streets, water supply and distribution system, sanitary sewer system, storm drainage system, street lighting, and other infrastructure installed in the subdivision that are normally owned and operated by Council. (2) Before Council shall accept the transfer of lands, services or public works of any subdivision, the Engineer shall, at cost to the developer, test the streets, services and PART 6 -- SUBDIVISION OF LAND 60 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS public works installed in the subdivision and certify his/her satisfaction with their installation. (9) Council will not provide maintenance for any street or public work in any subdivision until such time as the street, service or public work has been transferred to Council. 6.20 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 Council is satisfied that the lot has satisfactory access to a street. 6.21 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 Council, shall not be changed without written application to and subsequent approval of Council. PART 6 -- SUBDIVISION OF LAND 61 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS PART 7: SIGNS 7.1 Intent The intent of this section is to authorize signs that: (a) Are appropriate in size, number, and location to the type of activity or use to which they pertain. (b) Provide reasonable and appropriate means for the public to locate and identify facilities, businesses, and services without difficulty or confusion. (c) Are compatible with their surroundings. (d) Protect and enhance the aesthetic qualities of the area. (e) Do not create a distraction or safety hazard for pedestrians or motorists. (f) Comply with the Millertown Heritage Regulations. 7.2 Permit Required Except in accordance with Regulation 7.8, no sign shall be erected or displayed in the Planning Area unless a permit for the sign is first obtained from the Council. 7.3 Provincial Highway In addition to a permit from Council, the erection or display of a sign on Millertown Road (Route 370-11) will require a permit from Digital Government and Service NL. 7.4 Form of Application Application for a permit to erect or display a sign shall be made to the Council in accordance with Regulation 3.12. 7.5 Approval Subject to Conditions A permit will only be issued for the erection or display of signs that comply with the appropriate conditions and standards set out in these Regulations. 7.6 Signs Prohibited in Street Reservation No sign will be permitted within, on, or over any highway or street reservation. 7.7 Sign Removal Council may require the removal of any sign, which, in its opinion: (a) is hazardous to pedestrian or vehicle traffic by reason of its siting, colour, illumination, or structural condition, or (b) is unsightly or not maintained to the satisfaction of the Council. PART 7 -- SIGNS 62 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 7.8 Signs Exempt from Control Notwithstanding Regulation 7.2, the following signs may be erected or displayed without application to Council: (a) on a residential dwelling or within the yard of a dwelling, one nameplate not exceeding 0.2 m2 in area. (b) on an agricultural, forestry, or quarrying operation, one notice board not exceeding 0.5 m2 in area relating to the operations being conducted on the land. (c) on a site occupied by an institutional, civic, service, or public use (e.g., church, school, museum, cemetery), one notice board not exceeding 1.0 m2 in area. (d) on a commercial or industrial building, a notice board not exceeding 1.0 m2 in area. (e) on any parking lot, directional signs plus one sign only not exceeding 1.0 m2 in size to identify the parking lot. (f) real estate sales, leasing, and open house signs not exceeding 1 m2. (g) signs placed by candidates at municipal, provincial, or federal elections. (h) signs for temporary local events such as festivals, from one month before the event to no later than one week after its conclusion. (i) temporary signs on construction sites warning of danger and or outlining the nature of the development up to a maximum area of 7.5m2. 7.9 General Sign Standards The following standards shall apply to signs erected for a commercial, industrial, or public use. In accordance with Regulation 7.5, Council may set additional standards or conditions to its approval of a sign. (a) Window Sign -- maximum of 1 m2 (b) Awning/Canopy Sign -- maximum of 3 m wide by 0.75 m high (c) Wall Sign -- maximum of 3 m wide by 0.75 m high (d) Hanging and Projecting Sign -- maximum of 1 m2 (e) Murals - At the discretion of Council. (f) Free Standing Sign -- one per use, maximum of 5.0 m2 PART 7 - SIGNS 63 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS PART 8: USE ZONES 8.1 Use Zones (1) For the purpose of these Regulations, the Planning Area is divided into Use Zones, which are shown on the Zoning Map attached to and forming part of these Regulations. (2) Subject to Paragraph (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 Part 9 of these Regulations. (3) Where standards, requirements, and conditions applicable in a Use Zone are not set out in the Use Zone Tables in Part 9, Council may in its discretion, determine the standards, requirements and conditions that shall apply. 8.2 Map Interpretation The boundaries of Use Zones on the Land Use Zoning Maps are general only and, except where they coincide with roads, shorelines, or other prominent features, are not intended to define exact limits. No zoning amendment will be required for minor adjustments of the Use Zone boundaries. Other than such minor boundary adjustments, no development shall be permitted that does not conform to the Use Zone delineated on the Land Use Zoning Maps. 8.3 Use Classes The specific uses to be included in each Use Class set out in the Use Zone Tables in Part 9 shall be determined by Council in accordance with the classifications and examples set out in Appendix B. 8.4 Permitted Uses Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in the appropriate Use Zone Table in Part 9 shall be permitted by Council in that Use Zone. 8.5 Discretionary Uses Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in the appropriate Use Zone Table in Part 9 may be permitted in that Use Zone if Council is satisfied that the development would not be contrary to the general intent and purpose of these Regulations, the Municipal Plan, any further scheme or plan or regulation pursuant thereto, or to the public interest, and only if Council has given notice of the application in accordance with Regulation 3.21(4) and has considered any objections or representations that may be received on the matter. PART 8 - USE ZONES 64 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 8.6 Prohibited Uses Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in the appropriate Use Zone Tables shall not be permitted in that Use Zone. PART 8 - USE ZONES 65 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS PART 9: USE ZONE TABLES Before issuing a permit for development or an approval in principle, Council shall review the application to ensure that it complies with the Use Zone Table for which it is proposed as well as each of the following: - Part 2: Definitions - Part 3: General Regulations - Part 4: General Development Standards - Part 5: Specific Use Regulations - Part 6: Subdivision of Land - Part 8: Use Zones - Appendix A: Land Use Zoning Maps - Appendix B: Classification of Uses of Land and Buildings - Appendix C: Off-Street Parking Requirements - Appendix D: Provincial Development Regulations Part 9 contains tables for the following Use Zones: USE ZONE ABBREVIATION 9.1 Environmental Protection EP 9.2 Protected Water Supply PWS 9.3 Residential-1 RES1 9.4 Residential-2 RES2 9.5 Future Residential Area FRA 9.6 Commercial-Industrial CI 9.7 Open Space Recreation OSR 9.8 Heritage Area HA 9.9 Rural RU PART 8 - USE ZONES 66 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 9.1 ENVIRONMENTAL PROTECTION (EP) ZONE Intent The purpose of the Environmental Protection zone is to conserve and protect environmentally sensitive areas such as lakes, rivers, and riparian areas. ENVIRONMENTAL PROTECTION (EP) ZONE PERMITTED USE CLASSES (See Regulation 8.4) DISCRETIONARY USE CLASSES (See Regulations 3.21 and 8.5) Conservation Open Space (See Condition 3) Antenna Dock (See Condition 5) Mineral exploration (See Regulation 5.11) Motorized trail (See Condition 4) Slipway (See Condition 5) Transportation (See Condition 6) Utility (See Condition 7) CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at Council's discretion provided the development is compatible with the Permitted Use Classes and not contrary to the general intent of the Municipal Plan and Development Regulations. Approval of a discretionary use will be subject to terms and conditions to ensure it will not adversely affect the sensitive environmental resources in this zone. 2. Environmental Control (1) Any approved development must be designed and developed to a high environmental standard as specified in terms and conditions set by Council. (2) Where it deems necessary, Council may require a proposed discretionary use to undergo an appropriate assessment to ensure that the development will be undertaken in a way that minimizes environmental effects. 3. Open Space Uses A structure associated with an open space use, for example, a viewing platform, gazebo, or picnic shelter, may be permitted at Council's discretion. 4. Motorized Trail A motorized trail that allows for the use of off-road recreational vehicles may be permitted at Council's discretion only if: (a) Alternative locations for access are not reasonably available (b) The trail route extends the minimum reasonable distance for necessary access through the EP zone (c) Potential environmental effects can be minimized or mitigated to the satisfaction of Council (d) The trail meets all other terms and conditions set by Council. PART 8 - USE ZONES 67 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 5. Docks and Slipways Discretionary approval of a dock or slipway may be subject to conditions set by Council related to location, size, and appearance in order to ensure it is environmentally and aesthetically acceptable and compatible with heritage values. A proposed development may require approval from the Departments of Environment and Climate Change and Fisheries and Oceans Canada before Council can issue a development permit. 6. Transportation (1) Transportation uses that may be permitted at Council's discretion will be limited to public streets and associated infrastructure, for example, a culvert or bridge across a stream. (2) A transportation use will be permitted only if: (a) Alternative locations for access are not reasonably available, (b) Potential environmental effects can be minimized or mitigated to the satisfaction of Council, (c) The development meets reasonable terms and conditions that may be set by Council, and (d) The development has received any necessary Provincial approvals. 7. Utilities A building or structure associated with a public utility, for example, a water or sewage treatment plant, sewage outfall, transmission line, or electrical sub-station, may be permitted at Council's discretion. PART 8 - USE ZONES 68 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 9.2 PROTECTED WATER SUPPLY (PWS) ZONE Intent The Protected Water Supply zone includes: - The Water Pond Water Supply Area, WS-S-0460 (corresponds to Regulation 113/96 under the Water Resources Act), which is the watershed area for Millertown's existing municipal water supply. - The approximate boundaries for the Rainbow Pond watershed, which Council has proposed as a future municipal water supply area. PROTECTED WATER SUPPLY (PWS) ZONE PERMITTED USE CLASSES (See Regulation 8.4) DISCRETIONARY USE CLASSES (See Regulations 3.21 and 8.5) Conservation Open space Antenna (See Condition 6) Forestry (See Condition 5) Mineral exploration (See Regulation 5.11) Motorized trail (See Condition 7) Transportation (See Condition 6) Utility (See Condition 6) CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at Council's discretion provided the development will be compatible with the Permitted Use Classes and not contrary to the general intent of the Municipal Plan and Development Regulations. Approval of a discretionary use will be subject to terms and conditions to ensure it will not negatively affect source water in the Water Pond water supply area and the proposed Rainbow Pond water supply area. 2. Environmental Control (1) Any approved development must be designed and developed to a high environmental standard as specified in terms and conditions set by Council. (2) Where it deems necessary, Council may require a proposed discretionary use to undergo an appropriate assessment to ensure that the development will be undertaken in a way that minimizes environmental effects. 3. Development within the Water Pond Water Supply Area (1) Referral to Water Resources Management Division All proposals for development within the Water Pond Water Supply Area will be referred to the Water Resources Management Division of the Department of Environment and Climate Change. No development will be permitted until the required approvals have been issued by the Division. PART 8 - USE ZONES 69 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (2) Buffer Zones Other than a development related to conservation or water supply management and protection, no development, forest harvesting, or other resource use activity will be permitted in the vicinity of a watercourse except in accordance with the following minimum buffers from the top of the bank of a watercourse. Watercourse Minimum Buffer Width Intake pond or lake 150 m Intake river 150 m for 1,000 m upstream and 100 downstream of intake Main river channel 75 m Major tributaries, lakes, and ponds 50 m Other watercourses 30 m 4. Development within the Proposed Rainbow Pond Water Supply Area Council will control land development in the proposed Rainbow Pond water supply area in the same manner as a Provincially controlled water supply area. Other than a development related to conservation or water supply management and protection, no development, forest harvesting, or other resource use activity will be permitted in the vicinity of a watercourse except in accordance with the following minimum buffers from the top of the bank of a watercourse. Watercourse Minimum Buffer Width Intake pond or lake 150 m Intake river 150 m for 1,000 m upstream and 100 downstream of intake Main river channel 75 m Major tributaries, lakes, and ponds 50 m Other watercourses 30 m 5. Forestry (1) In the Water Pond supply area, forestry uses may be permitted at Council's discretion subject to required permit(s) from the Water Resources Management Division and any conditions that Council considers necessary. (2) In the Rainbow Pond future supply area, forestry uses may be permitted at Council's discretion subject to conditions to protect the Pond's water quality and quantity. 6. Transportation, Utilities, and Antennas (1) Existing antennas, water facilities, and other utilities within the PWS zone are permitted to continue. (2) In the Water Pond supply area, new transportation, utility, and antenna uses may be permitted at Council's discretion, subject to required permit(s) from the Water Resources Management Division and any conditions that Council considers necessary. PART 8 - USE ZONES 70 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (3) In the Rainbow Pond future supply area, new transportation, utility, and antenna uses may be permitted at Council's discretion subject to conditions to protect the Pond's water quality and quantity. 7. Motorized Trail (1) In the Water Pond water supply area, a motorized trail may be permitted at Council's discretion, subject to required permit(s) from the Water Resources Management Division and any conditions that Council considers necessary. (2) In the Rainbow Pond water supply area, a motorized trail may be permitted at Council's discretion, subject to conditions to protect the Pond's water quality and quantity. PART 8 - USE ZONES 71 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 9.3 RESIDENTIAL 1 (RES1) ZONE Intent The Residential 1 zone covers most of Millertown's original townsite. Dominated by housing, other uses include public buildings, outdoor facilities, and open space. Non-residential uses include the town hall, fire hall, municipal garage, post office, community church, and a tourist inn. Additional development opportunities include some vacant street frontage and one or two backland areas. The intent of the Residential 1 zone is to preserve the residential amenity of the area and accommodate demand for new housing while also allowing for compatible economic development. Certain low-impact commercial activities, such as home occupations, arts and crafts studios, bed and breakfasts, catering, and visitor accommodations, may be permitted. Proposed development will not be permitted unless it is connected to the municipal water and sewer system and is compatible with existing uses and the traditional character of the area. RESIDENTIAL 1 (RES1) ZONE PERMITTED USE CLASSES DISCRETIONARY USE CLASSES (See Regulation 8.4) (See Regulations 8.5 and 3.21) Accessory building (See Antenna Regulation 5.2) Apartment building Childcare (See Regulation 5.6) Arts and crafts studio Community garden Bed and breakfast (See Regulation 5.4) Conservation Boarding house Double dwelling Catering Home office Club and lodge Open space Commercial accommodations Single dwelling Crop agriculture Subsidiary apartment (See Cultural and civic Condition 5) Drinking establishment Transportation Educational Utility Emergency service Energy generation facility (See Regulation 5.7) General assembly General service Glamping facility on a residential lot (See Regulation 5.18) Home occupation (See Regulation 5.9) Indoor assembly Indoor market Kennel (See Condition 6) Medical service Mineral exploration Mini-home Mobile vending facility Office Outdoor assembly Outdoor market Personal livestock use (See Regulation 5.13) Personal service PART 8 - USE ZONES 72 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS Place of worship Recreational open space Recreational vehicle (See Regulation 5.20) Residential care home (See Regulation 5.14 and Cond 4) Row dwelling Shop Take-out food service Tiny home Tourist cottage establishment (See Regulation 5.5) Tourist cottage on a residential lot (See Regulation 5.18) Travel trailer (See Regulation 5.20) Veterinary Visitor rental dwelling (See Regulation 5.4) DEVELOPMENT STANDARDS Fully Serviced Areas Only (municipal water and municipal sewer) STANDARD Single Dwelling Mini Home Tiny Home Minimum lot area 350 m2 350 m2 150 m2 Minimum lot width (frontage) 14.0 m 12.0 m 7.5 m Minimum frontyard setback 7.0 m 7.0 m 7.0 m Minimum sideyard setback Major sideyard Minor sideyard 2.5 m 1.0 m 2.5 m 1.0 m 2.5 m 1.0 m Minimum sideyard setback - flanking street 6.0 m 6.0 m 6.0 m Minimum rearyard 7.0 m 7.0 m 7.0 m Minimum distance between buildings 3.0 m 3.0 m 3.0 m Minimum floor area (excl. basement) 46.0 m2 46.0 m2 25.0 m2 Maximum lot coverage of all buildings 35% 35% 35% STANDARD Double Dwelling Row Dwelling Apartment Building 1 Bedroom 2 Bedroom 3 Bedroom Minimum lot area 200 m2 150 m2 500 m2 or 100 m2 per unit, whichever is larger Minimum lot width (frontage) 8.0 m 6.0 m 6.0 m per groundfloor unit Minimum floor area (excl. basement) 46.0 m2 46.0 m2 40.0 m2 per unit 48.0 m2 per unit 56.0 m2 per unit Minimum frontyard setback 7.0 m 7.0 m 8.0 m Min. sideyard setback Major sideyard Minor sideyard 2.5 m NA* 2.5 m NA* 2.5 m 2.5 m Minimum sideyard setback -- flanking street 6.0 m 6.0 m 7.0 m Minimum rearyard setback 7.0 m 7.0 m 8.0 m Min. distance between buildings 3.0 m 3.0 m 3.0 m Max. lot coverage of all buildings 35% 35% 35% * NA -- Not applicable PART 8 - USE ZONES 73 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at Council's discretion provided the development is compatible with the uses within the Permitted Use Classes and not contrary to the general intent of the Municipal Plan and Development Regulations. Development that is permitted at Council's discretion will be subject to terms and conditions to ensure it will not detract from the residential quality and amenities of the area. 2. Municipal Water and Sewer No residential and other building development will be permitted in the RES1 zone that cannot be connected to municipal water and sewer. 3. Stormwater Control In accordance with Municipal Plan Policy 4.3.6 and Regulations 4.16, 4.17, and 6.5, where Council deems that a proposed development may have potential to cause damaging drainage impacts on existing development, it may impose special conditions on the development or refuse the application. 4. Residential Care Homes Where a residential care home is permitted at Council's discretion: (a) It will meet the minimum development standards established for a single dwelling or such higher standards as Council may require. (b) It will be designed and maintained to a high standard regarding safety, appearance, and compatibility with surrounding land uses. (c) It will meet such other conditions as deemed necessary by Council. (d) No change in the Use Class or scale of the development will be permitted except in accordance with a development permit and conditions set by Council. 5. Subsidiary Apartments (1) One subsidiary apartment only may be permitted in a single dwelling. Subsidiary apartments will not be permitted in double dwellings, row dwellings, or accessory buildings. (2) Approval of a subsidiary apartment will be subject to the following conditions: (a) The apartment will be completely self-contained, with cooking, sleeping, and sanitary facilities. (b) A minimum floor area of forty (40) square metres is required for a one-bedroom apartment, plus an additional eight (8) square metres for each additional bedroom. 6. Kennels A kennel, if permitted at Council's discretion, will be subject to such terms and conditions deemed necessary to restrict the number of dogs, cats, or other animals on the premises and to minimize potential noise, odour, and other impacts on neighbouring land uses. PART 8 - USE ZONES 74 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 9.4 RESIDENTIAL 2 (RES2) ZONE Intent The Residential 2 zone takes in land fronting onto the east side of Millertown Road as well as the new summer cottage area south of the core area. Most properties in this zone are larger lots without piped municipal services. This zone will continue to allow development that is not hooked into municipal services and may allow certain land extensive commercial activities such as campgrounds and tourist cottage establishments. RESIDENTIAL 2 (RES2) ZONE PERMITTED USES DISCRETIONARY USES (See Regulation 8.4) (See Regulations 3.15 and 8.5) Accessory Building Antenna Childcare Arts and craft studio Community garden Bed and breakfast (See Regulation 5.4) Conservation Boarding house Double dwelling Campground Home office Commercial accommodations Mini-home Crop agriculture Open space Emergency service Single dwelling Energy generation facility (See Regulation 5.7) Subsidiary apartment (See Glamping facility on a residential lot (See Regulation 5.18) Condition 4) Home occupation (See Regulation 5.9) Transportation Indoor market Utility Kennel (See Condition 5) Mineral exploration (See Regulation 5.11) Mobile vending facility Motorized trail (See Condition 6) Outdoor market Personal livestock use (See Regulation 5.13) Recreational open space Recreational vehicle (See Regulation 5.20) Residential care home (See Regulation 5.14 and Condition 3) Row dwelling Shop Tiny home Tourist cottage establishment (See Regulation 5.5) Tourist cottage on a residential lot (See Regulation 5.18) Travel trailer (See Regulation 5.20) Veterinary Visitor rental dwelling (See Regulation 5.4) PART 8 - USE ZONES 75 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS DEVELOPMENT STANDARDS STANDARD Single Dwelling Mini Home Tiny Home Fully Serviced Areas (municipal water and municipal sewer) Minimum lot area 350 m2 350 m2 150 m2 Minimum lot width (frontage) 14.0 m 12.0 m 7.5 m Semi Serviced Areas 'one of municipal water or municipal sewer) Minimum lot area 1400 m2 1400 m2 1400 m2 Minimum lot width (frontage) 23.0 m 23.0 m 23.0 m Unserviced Areas (no municipal water and no municipal sewer) Minimum lot area 1860 m2 1860 m2 1860 m2 Minimum lot width (frontage) 30.0 m 30.0 m 30.0 m All Areas Minimum frontyard setback 10.0 m I 10.0 m I 10.0 m Note: A frontyard setback on Millertown Road also requires approval of the Department of Transportation and Infrastructure. Where there is a difference, the more restrictive standard will apply. Minimum sideyard setback Major sideyard Minor sideyard 2.5 m 1.0 m 2.5 m 1.0 m 2.5 m 1.0 m Minimum sideyard setback - flanking street 6.0 m 6.0 m 6.0 m Minimum rearyard 7.0 m 7.0 m 7.0 m Minimum distance between buildings 3.0 m 3.0 m 3.0 m Minimum floor area (excl. basement) 46.0 m2 46.0 m2 25.0 m2 Maximum lot coverage of all buildings 35% 35% 35% STANDARD Double Dwelling Row Dwelling Apartment Building 2 Bedroom 1 Bedroom 3 Bedroom Fully Serviced Areas Only (municipal water and municipal sewer) Minimum lot area 200 m2 150 m2 500 m2 or 100 m2 per unit, whichever is larger Minimum lot width (frontage) 8.0 m 6.0 m 6.0 m )er groundfloor unit Minimum floor area (excl. basement) 46.0 m2 46.0 m2 40.0 m2 per unit 48.0 m2 per unit 56.0 m2 per unit Minimum frontyard setback 7.0 m 7.0 m 7.0 m Min. sideyard setback Major sideyard Minor sideyard 2.5 m NA* 2.5 m NA* 2.5 m 2.5 m Minimum sideyard setback -- flanking street 6.0 m 6.0 m 7.0 m Minimum rearyard setback 7.0 m 7.0 m 8.0 m Min. distance between buildings 3.0 m , 3.0 m 3.0 m Max. lot coverage of all buildings 35% 35% 35% * NA -- Not applicable PART 8 - USE ZONES 76 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at Council's discretion provided the development is compatible with the uses within the Permitted Use Classes and not contrary to the general intent of the Municipal Plan and Development Regulations. Development that is permitted at Council's discretion will be subject to terms and conditions to ensure it will not detract from the residential quality and amenities of the area. 2. Stormwater Control In accordance with Municipal Plan Policy 4.3.6 and Regulations 4.16, 4.17, and 6.5, where Council deems that a proposed development may have potential to cause damaging drainage impacts on existing development, it may impose special conditions on the development or refuse the application. 3. Residential Care Homes Where a residential care home is permitted at Council's discretion: (a) It must be connected to municipal water and sewer (b) It will meet the minimum development standards established for a single dwelling or such higher standards as Council may require. (c) It will be designed and maintained to a high standard regarding safety, appearance, and compatibility with surrounding land uses. (d) It will meet such other conditions as deemed necessary by Council. (e) No change in the Use Class or scale of the development will be permitted except in accordance with a development permit and conditions set by Council. 4. Subsidiary Apartments (1) One subsidiary apartment only may be permitted in a single dwelling. Subsidiary apartments will not be permitted in double dwellings, row dwellings, or accessory buildings. (2) Approval of a subsidiary apartment will be subject to the following conditions: (a) The apartment will be completely self-contained, with cooking, sleeping, and sanitary facilities. (b) A minimum floor area of forty (40) square metres is required for a one-bedroom apartment, plus an additional eight (8) square metres for each additional bedroom. 5. Kennels A kennel, if permitted at Council's discretion, will be subject to such terms and conditions deemed necessary to restrict the number of dogs, cats, or other animals on the premises and to minimize potential noise, odour, and other impacts on neighbouring land uses. 6. Motorized Trail A motorized trail may be permitted at Council's discretion subject to conditions to protect the amenity of nearby residential and other areas and minimize adverse impacts such as noise and environmental degradation. PART 8 - USE ZONES 77 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 9.5 FUTURE RESIDENTIAL AREA (FRA) ZONE Intent The Future Residential Area zone reserves land identified as having potential for future residential development. No development will be permitted in the zone that might interfere with this potential. Certain land uses that normally occur in the Rural zone may be permitted at Council's discretion as long as they do not include permanent buildings or structures and would prevent or impede future residential development. FUTURE RESIDENTIAL AREA (FRA) ZONE PERMITTED USE CLASSES (See Regulation 8.4) DISCRETIONARY USE CLASSES (See Regulations 8.5 and 3.21) Conservation Open space Crop agriculture (See Condition 3) Mineral exploration (See Regulation 5.11) Motorized trail Utility CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at the discretion of Council provided the development would not inhibit the potential for future residential development and would not be contrary to the general intent of the Municipal Plan and these Regulations. 2. Built-Up Development Not Permitted No permanent buildings, structures, roads, or significant clearing or excavation of land for the purposes of development will be permitted in FRA zone until such time as Council has approved a rezoning amendment to allow residential development. 3. Crop Agriculture A crop agriculture use, if permitted at Council's discretion, will not include any permanent buildings or structures. PART 8 - USE ZONES 78 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 9.6 COMMERCIAL-INDUSTRIAL (CI) ZONE COMMERCIAL-INDUSTRIAL (CI) ZONE PERMITTED USE CLASSES DISCRETIONARY USE CLASSES (See Regulation 8.4) (See Regulations 3.26 and 8.5) Catering Antenna Community garden Autobody shop Conservation Campground (See Regulation 5.5) Contractor's yard Club and lodge Crop agriculture Commercial accommodations Cultural and civic Construction yard Educational Drinking establishment Emergency service General industry Energy generation facility (See Kennel (See Condition 4) Regulation 5.7) Livestock agriculture (See Regulation 5.10) Garden centre Mineral exploration (See Regulation 5.11) General assembly Salvage yard (See Regulation 5.15) General garage (See Regulation 5.16) Tourist cottage establishment (See Regulation General service 5.5) Indoor assembly Vehicle sales and rental Indoor market Light industry Lumber yard Mobile vending facility Office Open space Outdoor assembly Outdoor market Personal service Professional service Recreational open space Recycling facility Service station (See Regulation 5.16) Shop Storage facility Take-out food service Transportation Utility Veterinary PART 9 - USE ZONE TABLES 79 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS DEVELOPMENT STANDARDS All Uses Minimum lot area At the discretion of Council Minimum frontyard setback 10.0 m Note: A frontyard setback on Millertown Road also requires approval from the Department of Transportation. Where there is a difference, the more restrictive standard will apply. Minimum sideyard 5.0 m Minimum sideyard flanking street 8.0 m Minimum rearyard 15.0 m CONDITIONS 1. Discretionary Uses The discretionary use classes listed in this table may be permitted at Council's discretion provided the development will be compatible with the uses within the Permitted Use Classes and is not contrary to the general intent of the Municipal Plan and Development Regulations. Approval of a discretionary use will be subject to terms and conditions to ensure it will be compatible with surrounding land uses and will not detract from the general quality and amenities of the area. 2. Stormwater Control In accordance with Municipal Plan Policies 4.3.6 and 5.3.2 and Regulations 4.16, 4.17, and 6.5 of these Development Regulations, where Council deems that a proposed development may have potential to cause damaging drainage impacts on existing development, it may impose special conditions on the development or refuse the application. 3. Outdoor Storage Council may require fencing or other forms of screening of an outdoor storage area where the quantity or type of material being stored would contribute to unsightly appearance. 4. Kennels A kennel, if approved by Council, may be subject to such terms and conditions deemed necessary to restrict the number of dogs, cats, or other animals on the premises and to minimize potential noise, odour, and other impacts on neighbouring land uses. 5. Dangerous, Hazardous, and Noxious Uses In accordance with Regulation 4.13, Council may restrict the development or location of any use or activity that it deems might be dangerous or might release or emit a hazardous, noxious, or polluting substance that would affect neighbouring properties. PART 9 - USE ZONE TABLES 80 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 6. Screening and Landscaping Council may require buffering or screening of sites with natural or planted vegetation, fencing, or structural barriers to reduce the aesthetic impact of industrial uses on nearby residential areas and public streets and highways. PART 9 - USE ZONE TABLES 81 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 9.7 OPEN SPACE RECREATION (OSR) ZONE OPEN SPACE RECREATION (OSR) ZONE PERMITTED USE CLASSES DISCRETIONARY USE CLASSES (See Regulation 8.4) (See Regulations 3.15 and 8.5) Community garden Antenna Conservation Catering (See Condition 4) Open space Cemetery (See Condition 5) Recreational open space Energy generation facility (See Regulation 5.7) Mobile vending facility Motorized trail Outdoor assembly Outdoor market (See Condition 4) Take-out food service (See Condition 4) Transportation Utility CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at Council's discretion provided the development will be compatible with the uses within the Permitted Use Classes and is not contrary to the general intent of the Municipal Plan and Development Regulations. Approval of a discretionary use will be subject to terms and conditions to ensure it will be compatible with surrounding land uses and will not detract from the general quality and amenities of the area. 2. Development Criteria All development must meet the development standards prescribed by Council. 3. Stormwater Control In accordance with Municipal Plan Policy 4.3.6 and Regulations 4.16, 4.17, and 6.5, where Council deems that a proposed development may have potential to cause damaging drainage impacts on existing development, it may impose special conditions on the development or refuse the application. 4. Catering, Take-out Services, and Outdoor Markets Catering, take-out food services, and outdoor markets, if permitted at Council's discretion, may be permitted only as accessory uses to an outdoor assembly or recreational open space use. PART 9 -- USE ZONE TABLES 82 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 5. Cemetery (1) A cemetery, if permitted at Council's discretion, will be subject to such terms and conditions as Council deems appropriate. (2) An application to develop or expand a cemetery must be accompanied by a site design plan for Council's consideration. The site plan will illustrate the location of the cemetery, access points, landscaping, and buffers with adjacent properties. PART 9 - USE ZONE TABLES 83 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 9.8 HERITAGE AREA (HA) ZONE Intent The Heritage Area zone takes in approximately 500 hectares of land bordering Beothuk Lake. From slightly north of Indian Point it extends over 6 kilometres southward to the Millertown Planning Area boundary. From Beothuk Lake it extends inland to the resource access road, which is heavily used by the forest and mining industries. Designated as a National Historic Site in 1978, Indian Point is among the best documented Beothuk sites and the first to provide information on Beothuk life in the interior of Newfoundland. The site was occupied by Beothuk for many generations and commemorates their history, lifestyle, and traditions during the winter inland migration. Archaeological evidence has revealed the site was also used by Archaic and Pre-Inuit peoples. The intent of the Heritage Area zone is to recognize the area's historic and pre-historic significance, facilitate its further development as a commemorative site, protect it from conflicting development, and encourage related economic opportunities. HERITAGE AREA (HA) ZONE PERMITTED USE CLASSES DISCRETIONARY USE CLASSES (See Regulation 8.4) (See Regulations 8.5 and 3.21) Conservation Arts and crafts studio (See Condition 5) Open space Campground (See Regulation 5.5 and Condition 4) Catering (See Condition 5) Cultural and civic (See Condition 3) Energy generation facility (See Regulation 5.7) General assembly (See Condition 5) Indoor market (See Condition 5) Mobile vending facility Outdoor assembly (See Condition 5) Outdoor market (See Condition 5) Shop (See Condition 5) Take-out food services (See Condition 5) Transportation Utility PART 9 - USE ZONE TABLES 84 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at Council's discretion provided the development will be compatible with the Permitted Use Classes and not contrary to the general intent of the Municipal Plan and Development Regulations. Approval of a discretionary use may be subject to terms and conditions to ensure it will not detract from the heritage values that take precedence in this zone. 2. Stormwater Control In accordance with Municipal Plan Policy 4.3.6 and Regulations 4.16, 4.17, and 6.5, where Council deems that a proposed development may have potential to cause damaging drainage impacts on existing development, it may impose special conditions on the development or refuse the application. 3. Cultural and Civic Uses Cultural and civic uses, if permitted, will pertain primarily to commemoration of the Beothuk and Indigenous history and pre-history of this area. 4. Campground A campground, if permitted, will be carefully developed, maintained, and operated so as to not undermine heritage values and physical assets related to the area's Indigenous history and pre-history 5. Accessory Uses At Council's discretion, arts and crafts studios, catering, assembly uses, indoor and outdoor markets, shops and take-out food services, may be permitted if they are accessory to a main use that commemorates the heritage of the area or a campground. PART 9 - USE ZONE TABLES 85 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 9.9 RURAL (RU) ZONE RURAL (RU) ZONE PERMITTED USE CLASSES DISCRETIONARY USE CLASSES (See Regulation 8.4) (See Regulations 8.5 and 3.21) Antenna Campground Community garden Cemetery (See Condition 7) Conservation Construction yard (See Condition 4) Crop agriculture Domestic sawmill Energy generation facility (See Regulation 5.7) General industrial (See Condition 4) Forestry (See Condition 8) Light industrial (See Condition 4) Mineral exploration (See Regulation 5.11) Livestock agriculture (See Regulation Open space 5.10) Transportation (See Condition 3) Mineral working (See Regulation 5.12) Utility Mining Motorized trail Outdoor market (See Condition 6) Recreational open space Salvage yard (See Regulation 5.15) Shop (See Condition 6) Single dwelling (See Condition 2) CONDITIONS 1. Discretionary Use Classes The discretionary use classes listed in this table may be permitted at Council's discretion provided the development will be compatible with the uses within the Permitted Use Classes and is not contrary to the general intent of the Municipal Plan and Development Regulations. Approval of a discretionary use will be subject to terms and conditions to ensure it will be reasonably compatible with surrounding land uses and will not detract from the general quality and amenities of the area. 2. Single Dwelling At its discretion, Council may permit a single dwelling that is accessory to a commercial agricultural use, subject to the following: (a) It is demonstrated to Council's satisfaction that the agriculture use is a bona fide commercial operation from which the owner derives a major portion of his or her income, (b) It is demonstrated to Council's satisfaction that full-time habitation on the site is necessary for the feasible operation of the agricultural use. (c) The dwelling will be subject to such terms and conditions as deemed appropriate by Council. PART 9 -- USE ZONE TABLES 86 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS 3. Resource Roads Forest resource roads will be permitted only in accordance with the forest management plans of the Department of Fisheries, Forestry and Agriculture. Approval of other types of resource roads may be subject to conditions set by Council. 4. Construction Yards and Industrial Uses At its discretion, Council may permit a construction yard; a general or light industrial use that is clearly accessory to an agricultural, forestry, or mineral working use; or a general or light industrial use that meets the following criteria: (a) The use is unsuitable for a built-up area by reason of appearance, noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, or glare. (b) The use requires large outdoor areas for open storage and handling of materials, goods, and equipment. (c) The use is capable of being serviced by on-site water and sewage services if such services are needed. (d) The use can be screened from public streets and lands designated for urban uses. (e) The use generates low volumes of traffic. (f) The use will have no deleterious effects on the environment. (g) The use does not include warehousing, wholesale, or retail activities. (h) The use will be subject to such other terms and conditions as deemed appropriate by Council. 5. Hazardous and Noxious Uses Council may restrict the development or location of any use or activity that might release or emit a hazardous or noxious substance that would affect neighbouring properties. 6. Outdoor Markets and Shops At its discretion, Council may permit an outdoor market or shop as an accessory use to a bonafide farm, campground, or recreational open space use, provided that Council deems that the proposed use will be integral and complementary to the main use. 7. Cemetery (1) A cemetery, if permitted at Council's discretion, will be subject to such terms and conditions, as Council deems appropriate. (2) An application to develop or expand a cemetery must be accompanied by a site design plan for Council's consideration. The site plan will illustrate the location of the cemetery, access points, landscaping, and buffers with adjacent properties. 8. Forestry (1) Commercial forest harvesting, and resource road development will be permitted only in accordance with the forest management plans of the Department of Fisheries, Forestry and Agriculture. PART 9 -- USE ZONE TABLES 87 TOWN OF MILLERTOWN DEVELOPMENT REGULATIONS (2) Domestic wood cutting will be permitted only in areas designated for this purpose under a forest management plan of the Department of Fisheries, Forestry and Agriculture. 9. Environmentally Sensitive and Scenic Areas Council may restrict or set conditions on land uses and resource extraction activities in locations where it deems that the use may adversely affect steep slopes, geologically unstable areas, wetlands, watercourses, scenic viewsheds, and other sensitive areas. In such areas, protection and conservation will take priority over development. 10. Exemption from Street Frontage Requirement At Council's discretion, approved buildings in this zone may be exempted from Regulation 4.12 of these Regulations except where land is located within the building control lines of a Provincial protected road or other public street, PART 9 - USE ZONE TABLES 88 APPENDICES APPENDIX A - LAND USE ZONING MAPS (SEE MAP INSERTS) 91 APPENDIX B CLASSIFICATION OF USES OF LAND AND BUILDINGS APPENDIX B - CLASSIFICATION OF USES OF LAND AND BUILDINGS This Classification is intended to assist in the interpretation of types of uses within the use classes listed in the Use Zone Tables in Part 9 of these Regulations. Examples included in the following tables are not exhaustive. They are used to illustrate typical types of developments within a use class. GROUP CLASS EXAMPLES RESIDENTIAL USES Single Dwelling Single detached dwellings Double Dwelling Semi-detached dwellings, duplex dwellings Row Dwelling Townhouses, row dwellings Apartment Building Apartment buildings Tiny House Tiny houses Collective Residential Educational residences, nurse residences, worker accommodations Subsidiary Apartment Basement apartments, in-law suites Boarding House Boarding houses Bed and Breakfast Bed and breakfast Visitor Rental Dwelling Vacation rental dwellings, Airbnb's, vrbos Residential Care Home Seniors housing, personal care homes, nursing homes, group homes Seasonal Dwelling Cabins, cottages Home Occupation Home occupations Home Office Home offices Accessory Building Sheds, garages, greenhouses, root cellars, personal livestock shelters, portable shelters Domestic Sawmill Domestic (non-commercial) sawmills 94 GROUP CLASS EXAMPLES COMMERCIAL USES Arts and Crafts Studio Arts and crafts studios, arts, and craft shops Campground Campgrounds, trailer parks, RV parks Catering Restaurants, coffee shops, bake shops Commercial Accommodations Hotels, motels, inns. Communications Radio stations, television stations Convenience Store Convenience stores Drinking Establishment Bars, pubs, nightclubs, lounges Entertainment Games arcades, poolrooms, bowling alleys, youth centres, movie theatres, theatres Funeral Home Funeral homes and chapels Garden Centre Greenhouses, nurseries Gas Bar Gas bars General Garage Repairs and services for vehicles and equipment General Service Car washes, laundromats, tools, and appliances. Indoor Market Farmer markets, exhibition halls, flea markets Kennel Kennels Medical Service Clinics, medical offices, dental offices, physiotherapy offices, chiropractor offices, optometrist offices Mobile Vending Facility Chip trucks, hotdog stand, ice cream carts, craft tables Office Professional offices, law offices, business offices, banks, government offices Outdoor Market Fish markets, market grounds, flea markets, produce stands, outdoor farmer markets Personal Service Beauty parlours, pet grooming, gyms, computer services, hobby shops, photo studios, taxi stands. Recycling Facility Bottle recycling centres Service Station Gas stations, general garages, tire sales and repairs, auto parts sales, car washes. 95 Shop Retail shops, showrooms, supermarkets, convenience stores, gift shops, specialty shops Shopping Centre Shopping centres, strip malls Take-out Food Service Take-out restaurant, food stand, mobile canteen Taxi Stand Taxi stands Tourist Cottage Establishment Tourist cottages establishments Vehicle Sales and Services Automobile dealerships, recreational vehicle dealerships, heavy equipment dealerships, car rental agencies Veterinary Veterinary clinics 96 GROUP CLASS EXAMPLES INSTITUTIONAL, ASSEMBLY AND PUBLIC USES Cemetery Cemeteries Childcare Daycare centres, home childcare services, early childhood education services Club and lodge Service club, private club, lodge (non- residential) Cultural and Civic Art galleries, municipal offices, libraries, museums, interpretive centres, studios Educational Schools, colleges, training centres Emergency Service Police stations, fire stations, ambulance service General Assembly Community halls, lodge halls, dance halls, exhibition halls, gymnasia, auditoria Indoor Assembly Recreation centres, arenas, ice rinks, armouries, fitness clubs, bowling alleys Medical Treatment Hospitals, medical care centres, medical clinics Outdoor Assembly Bleachers, grandstands, outdoor ice rinks, amusement parks, fairgrounds, exhibition grounds, drive-in theatres Passenger Assembly Airport terminals, bus stations Penal and Correctional Detention Jails, prisons, reformatories, group homes Place of Worship Churches and similar places of worship, church halls Residential Care Home Seniors housing, personal care homes, nursing homes, group homes GROUP CLASS EXAMPLES CONSERVATION AND OPEN SPACE USES Conservation Buffer strips, watersheds, protected sensitive areas (e.g., steep slopes, wetlands, wildlife habitat) Open Space Parks, trails, boardwalks, protected green areas, picnic areas Recreational Open Space Sports fields, running tracks, playgrounds, outdoor skating rinks, golf courses, dog parks Target Shooting Range Target shooting ranges Community Garden Community gardens 97 GROUP CLASS EXAMPLES NATURAL RESOURCE USES Crop Agriculture Vegetable and hay farms, hobby farms, market gardens, community gardens, nurseries, greenhouses Forestry Forest harvesting, silviculture, forest access roads Livestock Agriculture Livestock barn, dairy farm, grazing land Mineral Exploration Mineral exploration and associated activities (e.g., access roads, rock drilling) Mineral Working Pits, quarries, washing plants, screening plants, crushers Mining Mineral extraction, ore stockpiles, mineral processing plants GROUP CLASS EXAMPLES INDUSTRIAL USES Fisheries Facility Wharves, stages, slipways, fishplants, aquaculture facilities, ice-making facilities General Industry Factories, cold storage plants, bulk storage facility, freight depots, planing mills, construction yards Hazardous Industry Bulk storage of hazardous liquids and substances, chemical plants, distilleries feed mills, spray painting shops Light Industry Workshops, light industry, indoor storage centres, warehouses, greenhouses, recycling depots, workshops, general garages Marine Facility Wharves, loading docks, shipyards, slipways, refuelling services, marine repair services Salvage Yard Car wrecking yards, junk yards, salvage yards, scrap dealers Construction Yard Construction yards, equipment storage, aggregate storage, building materials storage 98 GROUP CLASS EXAMPLES TRANSPORTATION AND UTILITY USES Transportation Roads, bridges, marine structures, airfields Marina Marinas, boathouses, docks, moorings, slips, boat refuelling and repair services Antenna Communications towers, transmitting and receiving masts and antenna Dock Recreational docks, slipways, and stages Boathouse Boathouses Stage Stages Energy Generation Facility Wind generators, solar generators, small hydro generators, heating plants Utility Hydro plants, electrical transmission lines, electrical power substations, telephone exchanges, sewage treatment plants, sewer ouffalls, pipelines Water Utility Water intakes, treatment facilities, pipelines Solid Waste Utility Landfill sites, recycling facilities 99 APPENDIX C OFFSTREET LOADING AND PARKING REQUIREMENTS APPENDIX C - OFFSTREET LOADING AND PARKING REQUIREMENTS 1. Off-Street Loading Requirements (1) Where Council deems necessary, for every building, structure or use requiring the shipping, loading, or unloading of animals, goods, wares or merchandise, one or more loading spaces will be provided and maintained on the lot measuring at least 15 metres long and 4 metres wide with a vertical clearance of at least 4 metres. The space will have direct access to a public street or to a driveway of a minimum width of 6 metres that connects to a public street. (2) The number of loading spaces to be provided will be determined by Council. (3) The loading spaces required by this Regulation will be designed so that vehicles can manoeuvre clear of any street and so that it would not be necessary for any vehicle to reverse onto or from a street. 2. Parking Area Standards (1) For the purposes of this Regulation, Parking Area means a designated area of land on a lot for off-street parking. Parking Space means a designated space in a parking area or driveway adequate to park one automobile with room to open doors on both sides, together with related manoeuvring room and access to a public street. (2) For every building, structure or use to be erected or enlarged, there shall be provided and maintained a quantity of off-street parking spaces sufficient to ensure that the flow of traffic on adjacent streets is not impeded by on-street parking of vehicles associated with that building, structure, or use. (3) The number of parking spaces to be provided for any building, structure, use of occupancy shall conform to the standards set out in Appendix C, except as otherwise modified by PART 9 of these Regulations. (4) Each parking space, except in the case of a single or attached dwelling, will be made accessible by means of a right-of-way at least 3 metres wide. (5) Residential parking spaces shall be provided on the same lot as the dwelling or dwellings. Parking space for apartment buildings will be provided in the rear yard where possible. (6) Non-residential parking spaces shall be provided not more than 200 metres distance from the use for which the parking is required. 102 (7) The parking facilities required by this Regulation will, except in the case of single or attached dwellings, be arranged so that it is not necessary for any vehicle to reverse onto or from a street. (8) Where Council permits parking perpendicular to the curb, the minimum dimensions of each parking space will be as follows: Parking space width 2.5 metres Parking space length or depth 7.5 metres Aisle width separating opposite parking spaces 7.0 metres Aisle width separating a space from another obstruction 7.0 metres Where Council permits parking parallel to the curb, the minimum length of the space will be 7.0 metres and the aisle width will be at least 4 metres, or more if deemed necessary by Council. For any other parking lot configuration, the requirements shall as be as specified by Council, but in no instance shall the requirements be less than that specified for perpendicular parking spaces. (9) Other requirements for parking areas are as follows: (a) The parking area will be constructed and maintained to the specifications of Council, (b) Lights for illumination of the parking area will be arranged so as to divert the light away from adjacent development, (c) Except on a service station or industrial lot, no gasoline pump or other service station equipment will be located or maintained in a parking area, (e) No part of any off-street parking area will be closer than 1.5 metres from the street line in any zone, (f) Where Council deems that strict application of the parking requirements is impractical or undesirable, Council may as a condition of a permit require the developer to pay a service levy in lieu of the provision of a parking area, and Council will use the full amount of the levy for the provision and upkeep of alternative parking facilities within the vicinity of the development. 3. Off-Street Parking Requirements (1) The off-street parking requirements for the various use classes set out in Appendix B will be as set out in the following table, except as otherwise set out in PART 9. In the case of developments that include more than one use class, these standards shall be regarded as cumulative. (2) Adequate off-street provision for the drop-off and pick-up of persons will be provided on the same lot as the development unless otherwise stipulated by Council. 103 (3) The number of spaces to be provided for off-street parking will be in accordance with the following table. OFF-STREET PARKING SPACE REQUIREMENTS CLASS MINIMUM SPACES MAXIMUM SPACES Theatre 1.0 per 6 seats. N/A Cultural and Civic 1.0 per 60 m2 of gross floor areas. N/A General Assembly 1.0 per 15 m2 of gross floor area. N/A Educational Schools - 2.0 per classroom. Other educational -- 1.0 per 5 stud- ents, faculty and staff. N/A Place of Worship 1.0 per 6 seats. N/A Passenger Assembly As specified by Council. N/A Club and Lodge 1.0 per 3 persons of permitted occupancy N/A Catering 1.0 per 3 persons of permitted occupancy N/A Funeral Home 1.0 per 12 m2 of gross floor area. N/A Child Care 1.0 per 30 m2 of gross floor area N/A Amusement 1.0 per 15 m2 of gross floor area. N/A Outdoor Assembly As specified by Council. N/A Campground As specified by Council. N/A Single Dwelling 2.0 per dwelling unit 4.0 per dwelling unit Double Dwelling 2.0 per dwelling unit 3.0 per dwelling unit Row Dwelling 2.0 per dwelling unit 3.0 per dwelling unit Apartment Building 1.5 per dwelling unit 2.5 per dwelling unit Residential Care Home 1.0 per 2 residents As specified by Council. Bed and Breakfast As required for the dwelling plus 1.0 per guest room As required for dwelling plus 1.5 per guest room Boarding House As required for the dwelling plus 0.8 per guest room As required for dwelling plus 1.5 per guest room Commercial Residential 1.0 per guest room. 2.0 per guest room Office 1.0 per 25 m2 of gross floor area. N/A Medical and Professional 1.0 per 25 m2 of gross floor area. N/A Outdoor Market As specified by Council. N/A Convenience Store 1.0 per 20 m2 of gross floor area. N/A General and hazardous industry As specified by Council, but not less than 1.0 per 100 m2 of gross floor area. N/A Service Station 1.0 per 20 m2 of gross floor area. N/A Light Industry As specified by Council but not less than 1.0 per 50 m2 of gross floor area. N/A 104 APPENDIX D PROVINCIAL DEVELOPMENT REGULATIONS 105 APPENDIX D - PROVINCIAL DEVELOPMENT REGULATIONS NEWFOUNDLAND AND LABRADOR REGULATION 3/01 Development Regulations under the Urban and Rural Planning Act, 2000 (Filed January 2, 2001) Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the following regulations. Dated at St. John's, January 2, 2001 . Joan Marie Aylward Minister of Municipal and Provincial Affairs REGULATIONS Analysis 1. Short title 2. Definitions 3. Application 4. Interpretation 5. Notice of right to appeal 6. Appeal requirements 7. Appeal registration 8. Development prohibited 9. Hearing notice and meetings 10. Hearing of evidence 11. Board decision 12. Variances 13. Notice of variance 14. Residential non conformity 15. Notice and hearings on change of use 16. Non-conformance with standards 17. Discontinuance of non-conforming use 18. Delegation of powers 19. Commencement 106 Short title 1. These regulations may be cited as the Development Regulations. Definitions 2. In these regulations, (a) "Act", unless the context indicates 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. Application 3. (1) These regulations shall be included in the development regulations of an rawk 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, 107 (ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and television antennae, (iii) for commercial uses, workshops or garages, and (iv) for industrial uses, garages, offices, raised ramps and docks; (c) "accessory use" means a use that is subsidiary to a permitted or discretionary use and that is customarily expected to occur with the permitted or discretionary use; (d) "building height" means the vertical distance, measured in metres from the established grade to the (i) highest point of the roof surface of a flat roof, (ii) deck line of a mansard roof, and (iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in any case, a building height shall not include mechanical structure, smokestacks, steeples and purely ornamental structures above a roof; (e) "building line" means a line established by an authority that runs parallel to a street line and is set at the closest point to a street that a building may be placed; (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 of the ground immediately surrounding the structure, exclusive of any artificial embankment or entrenchment; (h) "floor area" means the total area of all floors in a building measured to the outside face of exterior walls; (i) "frontage" means the horizontal distance between side lot lines measured at the building line; 0) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for a particular use or building; 108 (k) "lot area" means the total horizontal area within the lines of the lot; (I) "lot coverage" means the combined area of all building on a lot measured at the level of the lowest floor above the established grade and expressed as a percentage of the total area of the lot; (m) "non-conforming use" means a legally existing use that is not .listed as a permitted or discretionary use for the use zone in which it is located or which does not meet the development standards for that use zone; (n) "owner" means a person or an organization of persons owning or having the legal right to use the land under consideration; (o) "permitted use" means a use that is listed within the permitted use classes set out in the use zone tables of an authority's development regulations; (p) "prohibited use" means a use that is not listed in a use zone within the permitted use classes or discretionary use classes or a use that an authority specifies as not permitted within a use zone; (q) "sign" means a word, letter, model, placard, board, device or representation, whether illuminated or not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement or direction and excludes those things employed wholly as a memorial, advertisements of local government, utilities and boarding or similar structures used for the display of advertisements; (r) "rear yard depth" means the distance between the rear lot line and the rear wall of the main building on a lot; (s) "side yard depth" means the distance between the side lot line and the nearest side wall of a building on the lot; (t) "street" means a street, road, highway or other way designed for the passage of vehicles and pedestrians and which is accessible by fire department and other emergency vehicles; (u) "street line" means the edge of a street reservation as defined by the authority having jurisdiction; (v) "use" means a building or activity situated on a lot or a development permitted on a lot; (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; 109 (x) "variance" means a departure, to a maximum of 10% from the yard, area, lot coverage, setback, size, height, frontage or any other numeric requirement of the applicable Use Zone Table of the authority's regulations; and (y) "zoning map" means the map or maps attached to and forming a part of the authority's regulations. (2) An authority may, in its discretion, determine the uses that may or may not be developed in a use zone and those uses shall be listed in the authority's regulations as discretionary, permitted or prohibited uses for that area. 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 8700, St. John's, Nfld., Al B 4J6 is the secretary to all boards in the province and an appeal filed with that secretary within the time period referred to in subsection 42(4) of the Act shall be considered to have been filed with the appropriate board. (2) Notwithstanding subsection (1), where the City of Corner Brook , City of Mount Pearl or City of St. 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. 110 (5) Where an appeal of a decision and the required fee is not received by a board in accordance with this section and Part VI of the Act, the right to appeal that decision shall be considered to have been forfeited. Appeal registration 7. (1) Upon receipt of an appeal and fee as required under the Act and these regulations, the secretary of the board as referred to in subsections 6(1) and (2), shall immediately register the appeal. (2) Where an appeal has been registered the secretary of the board shall notify the appropriate authority of the appeal and shall provide to the authority a copy of the appeal and the documentation related to the appeal. (3) Where an authority has been notified of an appeal that authority shall forward to the appropriate board a copy of the application being appealed, all correspondence, council minutes, plans and other relevant information relating to the appeal including the names and addresses of the applicant and other interested persons of whom the authority has knowledge. (4) Upon receipt of the information under subsection (3), the secretary of the board shall publish in a newspaper circulated in the area of the appropriate authority, a notice that the appeal has been registered. (5) A notice published under subsection (4) shall be published not fewer than 2 weeks before the date upon which the appeal is to be heard by the board. Development prohibited 8. (1) Immediately upon notice of the registration of an appeal the appropriate authority shall ensure that any development upon the property that is the subject of the appeal ceases. (2) Sections 102 and 104 of the Act apply to an authority acting under subsection (3) Upon receipt of a notification of the registration of an appeal with respect to an order under section 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. 111 (2) A board may meet as often as is necessary to conduct its work in an expeditious manner. Hearing of evidence 10. (1) A board shall meet at a place within the area under its jurisdiction and the appellant and other persons notified under subsection 9(1) or their representative may appear before the board and make representations with respect to the matter being appealed. (2) A board shall hear an appeal in accordance with section 43 of the Act and these regulations. (3) A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing of a property shall be considered to have been provided in the same manner as evidence directly provided at the hearing of the board. (4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence. 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. 112 Notice of variance 13. Where an authority is to consider a proposed variance, that authority shall give written notice of the proposed variance from development standards to all persons whose land is in the immediate vicinity of the land that is the subject of the variance. Residential non conformity 14. A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development regulations applicable to that building or structure. 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 nonconforming 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. 113