Town of Milltown-Head of Bay d'Espoir Development Regulations 2017-2027
Milltown-Head of Bay d'Espoir, Newfoundland and Labrador
· adopted 2017-10-05
This is the exact embedded text of the captured official document.
Snapshot 86753e7ba4b1 · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
TOWN OF MILLTOWN HEAD of
BAY D'ESPOIR
DEVELOPMENT REGULATIONS
2017-2027
PLAN-TECH
ENVIRONMENT
TABLE OF CONTENTS
Regulation
Page #
APPLICATION
1.
Short Title
1
2.
Interpretation
1
3.
Commencement
1
4.
Municipal Code and Regulations
1
5.
Authority
1
PART I - GENERAL REGULATIONS
6.
Compliance with Regulations
2
7.
Permit Required
2
8.
Permit to be Issued
2
9.
Permit Not to be Issued in Certain Cases
2
10.
Discretionary Powers of Authority
3
11.
Variances
3
12.
Notice of Variance
4
13.
Service Levy
4
14.
Financial Guarantees by Developer
5
15.
Dedication of Land for Public Uses
6
16.
Reinstatement of Land
6
17.
Form of Application
6
18.
Register of Application
7
TABLE OF CONTENTS
19.
Deferment of Application
7
20.
Approval in Principle
7
21.
Development Permit
8
22.
Reasons for Refusing Permit
9
23.
Notice of Right to Appeal
10
11,
24.
Appeal Requirements
10
25.
Approval Registration
11
26.
Development Prohibited
11
.111,
27.
Appeal Board
12
28.
Appeals
12
29.
Hearing Notice and Meetings
14
30.
Hearing of Evidence
14
31.
Return of Appeal Fee
15
32.
Notice of Application
15
33.
Right of Entry
15
34.
Record of Violations
16
35.
Stop Work Order and Prosecution
16
36.
Delegation of Power
16
PART II - GENERAL DEVELOPMENT STANDARDS
41,
37.
Accesses and Service Streets
17
38.
Accessory Buildings
17
39.
Advertisements
17
40.
Buffer Strips
18
TABLE OF CONTENTS
41.
Building Height
18
42.
Building Line and Setback
18
43.
Family and Group Care Centres
19
44.
Height Exceptions
19
45.
Livestock Structures and Uses
19
46.
Lot Area
20
47.
Lot Area and Size Exceptions
20
48.
Lot Frontage
21
49.
Non-Conforming Uses
21
50.
Offensive and Dangerous Uses
23
51.
Off-street Parking Requirements
23
52.
Off-street Loading Requirements
25
53.
Parks and Playgrounds and Conservation Uses
25
54.
Screening and Landscaping
25
55.
Services and Public Utilities
26
56.
Service Stations
26
57.
Sideyards
26
58.
Street Construction Standards
27
59.
Subsidiary Apartments
27
60.
Unsubdivided Land
27
61.
Zero Lot Line and Other Comprehensive Development
27
PART III - ADVERTISEMENTS
62.
Permit Required
28
TABLE OF CONTENTS
63.
Form of Application
28
64.
Advertisements Prohibited in Street Reservation
28
65.
Permit Valid for Limited Period
28
66.
Removal of Advertisements
28
67.
Advertisements Exempt from Control
29
68.
Approval Subject to Conditions
30
69.
Non-Conforming Uses
30
PART IV - SUBDIVISION OF LAND
70.
Permit Required
30
71.
Services to be Provided
30
72.
Payment of Service Levies and Other Charges
31
73.
Issue of Permit Subject to Considerations
31
74.
Building Permits Required
32
75.
Form of Application
32
76.
Subdivision Subject to Zoning
32
77.
Building Lines
32
78.
Land for Public Open Space
32
79.
Structure in Street Reservation
34
80.
Subdivision Design Standards
34
81.
Engineer to Design Works and Certify Construction Layout
36
82.
Developer to Pay Engineer's Fees and Charges
36
83.
Street Works May be Deferred
36
84.
Transfer of Streets and Utilities to Authority
37
AP'
TABLE OF CONTENTS
85.
Restriction on Sale of Lots
38
86.
Grouping of Dwellings and Landscaping
38
PART V - USE ZONES
87.
Use Zones
39
88.
Use Classes
39
89.
Permitted Uses
39
90.
Discretionary Uses
40
91.
Uses Not Permitted
41
SCHEDULES
SCHEDULE A: Definitions
SCHEDULE B: Classification of Uses of Land and Buildings
SCHEDULE C: Use Zone Tables
SCHEDULE D: Off-Street Parking Requirements
SCHEDULE E: Land Use Zoning Maps
Application
Page 1
TOWN OF MILLTOWN HEAD OF BAY D'ESPOIR MUNICIPAL PLAN
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Milltown Head of Bay d'Espoir Development Regulations.
2. Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to them
in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
3. Commencement
These Regulations come into effect throughout the Milltown Head of Bay d'Espoir 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.
4. Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and any
other ancillary code and any Building Regulations, Waste Disposal Regulation and/or any other
municipal regulations regulating or controlling the development, conservation and use of land
in force in the Town of Milltown Head of Bay d'Espoir, shall, under these Regulations apply to
the entire Planning Area.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Milltown Head of Bay
d'Espoir.
PART I - GENERAL REGULATIONS
6. Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance with these
Regulations.
7. Permit Required
No person shall carry out any development within the Planning Area except where otherwise
provided in these Regulations unless a permit for the development has been issued by the
Authority.
8. Permit to be Issued
Subject to Regulations 9 and 10, a permit shall be issued for development within the Planning
Area that conforms to:
(a)
the general development standards set out in Part II of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards, requirem-
ents, and conditions prescribed in Schedule C of these Regulations for the use zone in
which the proposed development is located;
(b)
the standards set out in the Building Code and/or other ancillary codes, and any
Building Regulations, Waste Disposal Regulations, and/or any other municipal regula-
tion in force in the Planning Area regulating or controlling development, conservation
and use of land and buildings;
(c)
the standards set out in Part III of these Regulations in the case of advertisement;
(d)
the standards set out in Part IV of these Regulations in the case of subdivision;
(e)
the standards of design and appearance established by the Authority.
9. Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the Planning
Part II - General Regulations
13
Area when, in the opinion of the Authority, it is premature by reason of the site lacking
adequate road access, power, drainage, sanitary facilities, or domestic water supply, or being
beyond the natural development of the area at the time of application unless the applicant
contracts to pay the full cost of construction of the services deemed necessary by the Authority
and such cost shall attach to and upon the property in respect of which it is imposed.
10. Discretionary Powers of Authority
(1)
In considering an application for a permit or for approval in principle to carry out
V/
development, the Authority shall take into account the policies expressed in the Munici-
pal Plan and any further scheme, plan or regulations pursuant thereto, and shall assess
the general appearance of the development of the area, the amenity of the surr-
oundings, availability of utilities, public safety and convenience, and any other consider-
ations which are, in its opinion, material, and notwithstanding the conformity of the
-
application with the requirements of these Regulations, the Authority may, in its
144
discretion, and as a result of its consideration of the matters set out in this Regulation,
conditionally approve or refuse the application.
4/
(2)
An authority may, in its discretion, determine the uses that may or may not be
414
developed in a use zone and those uses shall be listed in the authority's regulations as
discretionary, permitted or prohibited uses for that area
11. Variances (Refer to Minister's Development Regulations, Section 12)
(1)
Where an approval or permit cannot be given by the Authority because a proposed
development does not comply with development standards set out in development
.44
regulations, the Authority may, in its discretion, vary the applicable development
414
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)
The Authority shall not allow a variance from development standards set out in
Part II - General Regulations
14
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
would have a cumulative effect that is greater than a 10% variance even though the
individual variances are separately no more than 10%.
(3)
The Authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing development.
12. Notice of Variance (Refer to Minister's Development Regulations)
Where the Authority is to consider a proposed variance, the Authority shall give written notice
of the proposed variance from development standards to all persons whose land is in the
immediate vicinity of the land that is the subject of the variance, and allow a minimum period
of 7 days for response.
13. Service Levy
(1)
The Authority may require a developer to pay a service levy where development is
made possible or where the density of potential development is increased, or where
the value of property is enhanced by the carrying out of public works either on or off
the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance charges to
the Authority of constructing or improving the public works referred to in Regulation
13(1) that are necessary for the real property to be developed in accordance with the
standards required by the Authority and for uses that are permitted on that real
property.
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefited by the public works related to all the real
property so benefited; and,
Part II - General Regulations
15
(b)
the density of development made capable or increased by the public work.
(4)
The Authority may require a service levy to be paid by the owner of the real property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real property commences;
(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
14. Financial Guarantees by Developer
(1)
The Authority may require a developer before commencing a development to make
such financial provisions and/or enter into such agreements as may be required to
guarantee the payment of service levies, ensure site reinstatement, and to enforce the
carrying out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the form of:
(a)
a cash deposit from the developer, to be held by the Authority, or;
(b)
a guarantee by a bank, or other institution acceptable to the Minister, for
expenditures by the developer, or;
(c)
a performance bond provided by an insurance company or a bank, or;
(d)
an annual contribution to a sinking fund held by the Authority, or;
(f)
another form of financial guarantee that the Authority may approve.
15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, the Authority may
require the dedication of a percentage of the land area of any subdivision or other development
for public use, and such land shall be conveyed to the Authority in accordance with the
provisions of the Act.
Part II - General Regulations
16
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the Authority may
order the developer, the occupier of the site, or the owner or all of them to reinstate the site,
to remove all or any buildings or erections, to cover or fill all wells or excavations, and to close
all or any accesses, or to do any of these things or all of them, as the case may be, and the
developer, occupier or owner shall carry out the order of the Authority and shall put the site in
a clean and sanitary condition to the satisfaction of the Authority.
17. Form of Application
(1)
An application for a development permit or for approval in principle shall be made only
by the owner or by a person authorized by the owner to the Authority on such form as
may be prescribed by the Authority, and every application shall include such plans,
specifications and drawings as the Authority may require, and be accompanied by the
permit fee required by the Authority.
(2)
The Authority shall supply to every applicant a copy of the application forms referred to
in Regulation 17(1) and a description of the plans, specifications and drawings required
to be provided with the application and any information or requirements applicable to
the application.
18. Register of Application
The Authority shall keep a public register of all applications for development, and shall enter
therein the Authority's decision upon each application and the result of any appeal from that
decision.
19. Deferment of Application
(1)
An application properly submitted in accordance with these Regulations shall be
determined within eight (8) weeks of receipt of the application by the Council.
Part II - General Regulations
17
(2)
The Council may defer consideration of an application where additional information or
consideration is required.
(3)
Where no decision on an application has been made within eight (8) weeks of its
submission, the application shall be deemed to be refused.
20. Approval in Principle
(1)
An application for Approval in Principle shall include;
a)
a description of the proposed development,
b)
a description of the limits of the land to be used with the proposed development,
and may include a survey description of the subject lands, and
c)
submission of any pertinent information that may be required by the Council.
(2)
The Council may issue an Approval in Principle if it determines the application conforms to
the Municipal Plan and these Regulations.
(3)
An Approval in Principle shall be valid for a period of 1 year, and may be extended 1 year
(must be requested by applicant), up to a total maximum period of 2 years.
(4)
No development shall be carried out under an Approval in Principle.
(5)
Council may revoke an Approval in Principle if it determines the applicant has changed the
proposed development in a way that significantly alters the original intent of the
applications.
21. Development Permit
(1)
A written Permit to Develop, including a temporary Permit to Develop, issued by the
Council shall be permission to develop. This permission shall not relieve the applicant from
Part II - General Regulations
18
full responsibility of obtaining all other approvals, prior to the commencement of
development, and complying with the requirements of all other regulations and statutes
during development.
(2)
The Council may attach conditions to a Permit to Develop to ensure compliance with the
Municipal Plan and these Regulations, and the permit holder shall be responsible for full
compliance with the permit conditions.
(3)
A Permit to Develop is valid for a period of 1 year and may be extended twice up to a total
maximum period of 3 years.
(4)
The issuance of a Permit to Develop shall not prevent the Council from requiring the
correction of errors, or ordering the cessation, removal of, or remedial work on any
development being carried out that is in violation of the Municipal Plan and these
Regulations.
(5)
The Council may revoke a Permit to Develop for failure by the developer to comply with
the Municipal Plan and these Regulations, or any condition attached to the Permit to
Develop, or where it was issued in error or was issued on the basis of incorrect
information.
(6)
No person shall change the application for which a Permit to Develop has been issued
unless the change has been approved by a resolution of the Council, and written approval
has been issued.
(7)
A copy of the Permit to Develop, and the plans and specifications, shall be kept on the
site until completion of the development.
22. Reasons for Refusing Permit
,.
The Authority shall, when refusing to issue a permit or attaching conditions to a permit, state in
Part II - General Regulations
19
writing the reasons for so doing.
23. Notice of Right to Appeal (Refer to Minister's Development Regulations, Section 5)
Where the Authority makes a decision that may be appealed under section 42 of the Act, the
Authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the:
(a)
person"s right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
24. Appeal Requirements (Refer to Minister's Development Regulations, Section 6)
(1)
The secretary of the Regional Appeal Board, Department of Municipal Affairs and
Environment, P.O. Box 8700, St. John's, NL, A1B 4J6, is the secretary to all Regional
Appeal Boards in the province and an appeal filed with that secretary within the time
period referred to in subsection 42(4) of the Act shall be considered to have been filed
with the appropriate Appeal Board.
-
(2)
The fee required under section 44 of the Act shall be paid to the Appeal Board that
11,
hears the decision being appealed by filing it with the secretary referred to in
subsection (1) or (2) within the 14 days referred to in subsection 42(4) of the Act.
(3)
The Appeal Board that hears the decision being appealed shall, subject to subsection
AP'
44(3) of the Act, retain the fee paid to the Appeal Board.
(4)
Where an appeal of a decision and the required fee is not received by an Appeal Board
in accordance with this section and Part VI of the Act, the right to appeal that decision
shall be considered to have been forfeited.
Part II - General Regulations
20
25. Appeal Registration (Refer to Minister's Development Regulations, Section 7)
(1)
Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the Appeal Board as referred to in subsections 24(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the Appeal Board shall notify the
Authority of the appeal and shall provide to the Authority a copy of the appeal and the
documentation related to the appeal.
(3)
Where the Authority has been notified of an appeal that Authority shall within one
week of notification forward to the appropriate board a copy of the application being
appealed, all correspondence, council minutes, plans and other relevant information
relating to the appeal including the names and addresses of the applicant and other
interested persons of whom the authority has knowledge.
(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.
26. Development Prohibited (Refer to Minister's Development Regulations, Section 8)
(1)
Immediately upon notice of the registration of an appeal the Authority shall ensure that
any development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to the Authority acting under subsection (1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, the Authority shall not carry out work related to the
Part II - General Regulations
21
matter being appealed.
27. Appeal Board
(1)
The minister may, by order, establish an Appeal Board and shall assign to the Appeal
Board a specific area of the province over which it shall have jurisdiction, as outlined in
.44
section 40, of the Act.
28. Appeals
(1)
A person or an association of persons aggrieved of a decision that, under the
regulations, may be appealed, may appeal that decision to the appropriate Appeal
Board where the decision is with respect to
(a) an application to undertake a development;
(b) a revocation of an approval or a permit to undertake a development;
(c) the issuance of a stop work order; and
(d) a decision permitted under the Act or another Act to be appealed to the board.
4114
(2)
(3)
_
(4)
.44
444
(5)
A decision of the Authority to adopt, approve or proceed with a municipal plan, a
scheme, development regulations and amendments and revisions of them is final and
not subject to an appeal.
An Appeal Board shall not make a decision that does not comply with the municipal
plan, a scheme and development regulations that apply to the matter being appealed.
An appeal shall be filed with the Appeal Board not more than 14 days after the person
who made the original application appealed from has received the decision being
appealed.
An appeal shall be made in writing and shall include
(a) a summary of the decision appealed from;
(b) the grounds for the appeal; and
Part II - General Regulations
22
(c) the required fee.
(6)
A person or group of persons affected by the subject of an appeal or their
representatives may appear before an Appeal Board and make representations
concerning the matter under appeal.
(7)
An Appeal Board may inform itself of the subject matter of the appeal in the manner it
considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance with the Act and
the municipal plan, scheme and regulations that have been registered under section 24,
of the Act, and having regard to the circumstances and merits of the case.
(9)
A decision of the Appeal Board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
(10)
In determining an appeal, an Appeal Board may confirm, reverse or vary the decision
appealed from and may impose those conditions that the board considers appropriate
in the circumstances and may direct the Authority to carry out its decision or make the
necessary order to have its decision implemented.
(11)
Notwithstanding subsection (10), where the Authority may, in its discretion, make a
decision, an Appeal Board shall not make another decision that overrules the
discretionary decision.
(12)
The decision of a majority of the members of an Appeal Board present at the hearing of
an appeal shall be the decision of the Appeal Board.
(13)
An Appeal Board shall, in writing notify the appellant and the appropriate Authority of
the decision of the Appeal Board.
Part II - General Regulations
23
29. Hearing Notice and Meetings (Refer to Minister's Development Regulations, Section 9)
(1)
An Appeal Board shall notify the appellant, applicant, authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal not
fewer than 7 days before the date scheduled for the hearing of the appeal.
(2)
An Appeal Board may meet as often as is necessary to conduct its work in an
expeditious manner.
30. Hearing of Evidence (Refer to Minister's Development Regulations, Section 10)
(1)
An Appeal Board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under regulation 29(1) or their representative may
appear before the Appeal Board and make representations with respect to the matter
gr.
being appealed.
(2)
An Appeal Board shall hear an appeal in accordance with section 43 of the Act and
these regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as
evidence directly provided at the hearing of the Appeal Board.
(4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
+0,
31. Return of Appeal Fee
Where an appeal made by an appellant under section 42 of the Act, is successful, an amount of
money equal to the fee paid by that appellant under regulation 24(2) shall be paid to him or her
Part II - General Regulations
24
by the Authority.
32. Notice of Application
The Authority may, and when a variance is necessary under Regulation 11 and the Authority
wishes to consider whether to authorize such a variance, when a change in nonconforming use
is to be considered under Regulation 49, or when the development proposed is listed as a dis-
cretionary use in Schedule C of the Regulations shall, at the expense of the applicant, give
notice of an application for a permit or for approval in principle, by public advertisement in a
newspaper circulating in the area or by any other means deemed necessary, and under
Regulation 12 and the Authority shall give written notice of the proposed variance from
development standards to all persons whose land is in the immediate vicinity of the land that is
the subject of the variance, and allow a minimum period of 7 days for response.
33. Right of Entry (Refer to Minister's Development Regulations, Section 13)
The Authority, the Director, or any inspector may enter upon any public or private land and may
at all reasonable times enter any development or building upon the land for the purpose of
making surveys or examinations or obtaining information relative to the carrying out of any
development, construction, alteration, repair, or any other works whatsoever which the
Authority is empowered to regulate.
34. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to his
knowledge and report that violation to the Authority.
35. Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, the Authority may order that person to stop the development or work
connected therewith pending final adjudication in any prosecution arising out of the
Part II - General Regulations
25
development.
(2)
A person who does not comply with an order made under Regulation 35(1) is guilty of
an offence under the provisions of the Act.
36
Delegation of Powers (Refer to Minister's Development Regulations, Section 18)
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.
Part II - General Regulations
26
PART II - GENERAL DEVELOPMENT STANDARDS
37. Accesses and Service Streets
(1)
Access shall be located to the specification of the Authority so as to ensure the greatest
possible convenience and safety of the street system and the Authority may prescribe
the construction of service streets to reduce the number of accesses to collector and
arterial streets.
(2)
No vehicular access shall be closer than 10 metres to the street line of any street
.
intersection.
38. Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the use of the
main buildings in character, use and size, and shall be contained on the same lot.
(2)
No accessory building or part thereof shall project in front of any building line.
.1.
(3)
The sideyard requirements set out in the use zone tables in these Regulations shall
apply to accessory buildings wherever they are located on the lot but accessory
buildings on two (2) adjoining properties may be built to property boundaries provided
they shall be of fire resistant construction and have a common firewall
39. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part Ill of these
Regulations.
Part II - General Regulations
27
40. Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or proposed
residential area, or is separated from it by a road only, the owner of the site of the industrial
development shall provide a buffer strip not less than ten (10) metres wide between any
residential activity and the industrial area. The buffer shall include the provision of such natural
or structural barrier as may be required by the Authority and shall be maintained by the owner
or occupier to the satisfaction of the Authority.
41. Building Height
The Authority may permit the erection of buildings of a height greater than that specified in
Schedule C, but in such cases the building line setback and rearyard requirements shall be
varied as follows:
(1)
The building line setback shall be increased by 2 metres for every 1 metre increase in
height.
(2)
The rearyard shall not be less than the minimum building line setback calculated as
described in (1) above plus 6 metres.
42. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed street or
service street and may require any new buildings to be located on those building lines, whether
or not such building lines conform to the standards set out in the tables in Schedule C of these
Regulations.
43. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequate in size
Part II - General Regulations
28
to accommodate the number of persons living in the group, inclusive of staff, provided that in
the opinion of the Authority, the use of the dwelling does not materially differ from, nor
adversely affect, the amenities of the adjacent residences, or the neighbourhood in which it is
located. The Authority may require special access and safety features to be provided for the
occupants before occupancy is permitted.
44. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be waived in the
case of communication masts and antennae, flagpoles, water towers, spires, belfries, or
chimneys, but any such waiver which results in an increase of more than 10% of the permitted
height of the structure shall only be authorized under the provisions of Regulation 11.
45. Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be erected or used
unless it complies with the following requirements:
(a)
The structure shall be at least 600 m from a residence, (except a farm residence
or a residence which is a non-conforming use
in any zone in which agriculture is a permitted use class in the Use Zone Tables
in Schedule C of these Regulations), and, from an area designated for residential
use in an approved Plan, and, from a Provincial or Federal Park.
(b)
The structure shall be at least 60 m from the boundary of the property on which
it is to be erected.
(c)
The structure shall be at least 90 m from the centre line of a street.
(d)
The erection of the structure shall be approved by the Department of Natural
Resources the Department of Environment and Conservation.
(2)
No development for residential use shall be permitted within 600 m of an existing
structure designed to contain more than five animal units unless the development is
first approved by the Department of Natural Resources.
Part II - General Regulations
29
46. 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 front yard, rear yard, side yard, frontage or lot area that is
less than that permitted by these Regulations for the zone in which such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a yard, it shall
continue to be so used regardless of any change in the ownership of the lot or any part
thereof, and shall not be deemed to form part of an adjacent lot for the purpose of
computing the area thereof available for building purposes.
47. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist in
any residential zone, with insufficient frontage or area to permit the owner or purchaser of such
a lot or lots to comply with the provisions of these Regulations, then these Regulations shall not
prevent the issuing of a permit by the Authority for the erection of a dwelling thereon, provided
that the lot coverage and height are not greater than, and the yards and floor area are not less
than the standards set out in these Regulations.
48. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these
Regulations, no residential or commercial building shall be erected unless the lot on which it is
situated fronts directly onto a street or forms part of a Comprehensive Development Scheme.
49. Non-Conforming Use
(1)
Notwithstanding the Municipal Plan, scheme or regulations made under this Urban and
Part II - General Regulations
30
Rural Planning Act, 2000, the Authority shall, in accordance with regulations made
under this Act, allow a development or use of land to continue in a manner that does
not conform with a regulation, scheme, or plan that applies to that land provided that
the non-conforming use legally existed before the registration under section 24 of the
Act, scheme or regulations made with respect to that kind of development or use.
(2)
Notwithstanding subsection (1), a right to resume a discontinued non-conforming use
of land shall not exceed 12 months after that discontinuance.
(3)
A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (1)
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Authority;
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development;
(c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, structure or
development has been destroyed;
(d)
may have the existing use for that building, structure or development varied by
the Authority to a use that is, in the Authority's opinion, more compatible with
the plan and regulations applicable to it;
(e)
may have the existing building extended by approval of the Authority where, in
the Authority's opinion, the extension is not more than 50% of the existing
building;
(f)
where the non-conformance is with respect to the standards included in these
development regulations, shall not be expanded if the expansion would
increase the non-conformity;
(g)
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
Part II - General Regulations
31
applicable to that building, structure or development.
(h)
where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with the municipal plan and regulations, be
repaired or rebuilt where 50% or more of the value of that building or structure
is destroyed.
Where considering a non conforming building, structure or development and before
making a decision to vary an existing use of that non-conforming building, structure or
development, the Authority, at the applicant's expense, shall publish a notice in a
newspaper circulating in the area or by other means give public notice of an application
to vary the existing use of a non-conforming building, structure or development and
shall consider any representations or submissions received in response to that
advertisement.
50. Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous fumes,
smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any
nuisance that has an unpleasant effect on the senses unless its use is authorized by the
Authority and any other authority having jurisdiction.
51. Offstreet Parking Requirements
(1)
For every building, structure or use to be erected, enlarged or established, there shall
be provided and maintained a quantity of off-street parking spaces sufficient to ensure
that the flow of traffic on adjacent streets is not impeded by the on-street parking of
vehicles associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Schedule D of these Regulations.
Part II - General Regulations
32
(3)
Each parking space, except in the case of one or two-family dwellings, shall be made
accessible by means of a hard surfaced right-of-way at least 3 m in width. Parking
required in a Residential Zone shall be provided on the same lot as the dwelling or
dwellings. Parking space for apartments shall be provided in the rear yard where
possible. In a Non-Residential Zone, parking spaces shall be provided within the limits
of the zone in which the use is situated and not more than 200 m distant from the use
concerned.
(4)
The parking facilities required by this Regulation shall, except in the case of single or
attached dwellings, be arranged so that it is not necessary for any vehicle to reverse
onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are required
or permitted:
(a)
parking space shall mean an area of land, not less than 15 m2 in size, capable of
being used for the parking of a vehicle without the need to move other vehicles
on adjacent areas;
(b)
the parking area shall be constructed and maintained to the specifications of
the Authority;
(c)
the lights used for illumination of the parking area shall be so arranged as to
divert the light away from adjacent development;
(d)
a structure, not more than 3 m in height and more than 5 m2 in area may be
erected in the parking area for the use of attendants in the area;
(e)
except in zones in which a service station is a permitted use, no gasoline pump
or other service station equipment shall be located or maintained on a parking
area;
(f)
no part of any off-street parking area shall be closer than 1.5 m to the front lot
line in any zone;
(g)
access to parking areas in non-residential zones shall not be by way of
residential zones;
Part II - General Regulations
33
(h)
where a parking area is in or abuts a residential zone, a natural or structural
barrier at least 1 m in height shall be erected and maintained along all lot lines;
(i)
where, in the opinion of the Authority, strict application of the above parking
requirements is impractical or undesirable, the Authority may as a condition of
a permit require the developer to pay a service levy in accordance with these
Regulations in lieu of the provision of a parking area, and the full amount of the
levy charged shall be used by the Authority for the provision
and upkeep of alternative parking facilities within the general vicinity of the
development.
52. Off-Street Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or established requiring the
shipping, loading or unloading of animals, goods, wares or merchandise, there shall be
provided and maintained for the premises loading facilities on land that is not part of a
street comprised of one or more loading spaces, 15 m long, 4 m wide, and having a
vertical clearance of at least 4 m with direct access to a street or with access by a
driveway of a minimum width of 6 m to a street.
(2)
The number of loading spaces to be provided shall be determined by the Authority.
(3)
The loading facilities required by this Regulation shall be so arranged that vehicles can
manoeuvre clear of any street and so that it is not necessary for any vehicle to reverse
onto or from a street.
53. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and playgrounds
are not located in areas which may be hazardous to their use and are not operated for commer-
cial purposes.
Part II - General Regulations
34
54. Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the owner or occupier
to provide adequate and suitable landscaping or screening; and for this purpose may require
the submission of an application giving details of the landscaping or screening, and these
Regulations shall then apply to that application. The provision of adequate and suitable land-
scaping or screening may be made a condition of any development permit where, in the opinion
of the Authority, the landscaping or screening is desirable to preserve amenity, or protect the
environment.
55. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the provision of
public services and public utilities if the use of that land is necessary to the proper operation of
the public service or public utility concerned provided that the design and landscaping of any
development of any land so used is, in the opinion of the Authority, adequate to protect the
character and appearance of the area.
56. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such purpose, and to
which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and where a
service station is located on a corner lot, the minimum distance between an access and
the intersection of street lines at the junction shall be 10 metres and the lot line
between entrances shall be clearly indicated.
Part II - General Regulations
35
57. Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the exposed sides of
every building in order to provide access for the maintenance of that building.
58. Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Authority.
59. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of
calculating lot area and yard requirements, shall be considered part of the self-contained
dwelling.
60. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to satisfy
the yard and other allowances called for in the Use Zone in which it is located and the
allowances shall be retained when the adjacent land is developed.
61. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which are designed to
form part of a zero lot line development or other comprehensive layout which does not, with
the exception of dwelling unit floor area, meet the requirements of the Use Zone Table in
Schedule C, provided that the dwellings are designed to provide both privacy and reasonable
access to natural daylight and the overall density within the layout conforms to the regulations
and standards set out in the Use Zone Table apply where the layout adjoins other development.
Part IV -- Subdivision of Land
36
PART III - ADVERTISEMENTS
62. Permit Required
Subject to the provisions of Regulation 67, no advertisement shall be erected or displayed in the
Planning Area unless a permit for the advertisement is first obtained from the Authority. Permit
for erection or display of advertisement on Provincial Highways shall be obtain from the
Government Service Centre.
63. Form of Application
Application for a permit to erect or display an advertisement shall be made to the authority in
accordance with Regulation 17.
64. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any highway
or street reservation.
65. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement shall
be for a limited period, not exceeding two years, but may be renewed at the discretion of the
Authority for similar periods.
66. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the removal of
any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination, or structural
Part IV -- Subdivision of Land
37
condition, or;
(b)
detrimental to the amenities of the surrounding area.
67. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Authority:
(a)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m2
in area;
(b)
on an agricultural holding or farm, a notice board not exceeding 1 m2 in area and
relating to the operations being conducted on the land;
(c)
on land used for forestry purposes, signs or notices not exceeding 1 m2 in area and
relating to forestry operations or the location of logging operations conducted on the
land;
(d)
on land used for mining or quarrying operations, a notice board not exceeding 1 m2 in
area relating to the operation conducted on the land;
(e)
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 m2
in area in connection with the practice of a professional person carried on in the
premises;
(f)
on any site occupied by a church, school, library, art gallery, museum, institution or
cemetery, one notice board not exceeding 1 m2 in area;
(g)
on the principal facade of any commercial, industrial or public building, the name of the
building or the name of the occupants of the building, in letters not exceeding one-tenth
of the height of that facade or 3 m, whichever is the lesser;
(h)
on any parking lot directional signs and one sign not exceeding 1 m2 in size, identifying
the parking lot.
68. Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply with
the appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of
these Regulations.
Part IV -- Subdivision of Land
38
69. Non-Conforming Uses
Notwithstanding the provisions of Regulation 62, a permit may be used for the erection or
display of advertisements on a building or within the courtyard of a building or on a parcel of
land, the use of which is a non conforming use, provided that the advertisement does not
exceed the size and type of advertisement which could be permitted if the development was in
a Use Zone appropriate to its use, and subject to any other conditions deemed appropriate by
the Authority.
Part IV -- Subdivision of Land
39
PART IV - SUBDIVISION OF LAND
41
70. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of the
subdivision is first obtained from the Authority.
71. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions satisfactory to
the Authority have been made in the application for a supply of drinking water, a properly
/IF
designed sewage disposal system, and a properly designed storm drainage system.
72. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Authority for connection to services, utilities
and streets deemed necessary for the proper development of the subdivision, and all service
levies and other charges imposed under Regulations 13 and 14.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Authority shall, without
limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
(d)
the land use, physical form and character of adjacent developments;
Part IV -- Subdivision of Land
40
(e)
the transportation network and traffic densities affecting the site;
(f)
the relationship of the project to existing or potential sources of nuisance;
(g)
soil and subsoil characteristics;
(h)
the topography of the site and its drainage;
(I)
natural features such as lakes, streams, topsoil, trees and shrubs;
(j)
prevailing winds;
(k)
visual quality;
(I)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
74. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building permit shall
be obtained for each building proposed to be erected in the area of the subdivision, and no
building permit for any building in the area shall be issued until the developer has complied with
all the provisions of these Regulations with respect to the development of the subdivision.
75. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in accordance
with Regulation 17.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on
the Zoning Maps.
77. Building Lines
The Authority may establish building lines for any subdivision street and require any new
Part IV -- Subdivision of Land
41
building to be located on such building lines.
78. Land for Public Open Space
MP'
(1)
Before a development commences, the developer shall, if required, dedicate to the
Authority, at no cost to the Authority, an area of land equivalent of not more than 10%
of the gross area of the subdivision or 25 m2 for every dwelling unit permitted in the
subdivision, whichever is the greater, for public open space, provided that:
+MI
(a)
where land is subdivided for any purpose other than residential use, the
Authority shall determine the percentage of land to be dedicated;
(b)
if, in the opinion of the Authority, no public open space is required, the land
may be used for such other public use as the Authority may determine;
(c)
the location and suitability of any land dedicated under the provisions of this
lar
Regulation shall be subject to the approval of the Authority but in any case, the
---
Authority shall not accept land which, in its opinion is incapable of development
for any purpose;
(d)
the Authority may accept from the developer in lieu of such area or areas of
land the payment of a sum of money equal to the value of the land which would
otherwise be required to be dedicated;
(e)
money received by the Authority in accordance with Regulation 78(1)(d) above,
shall be reserved by the Authority for the purpose of the acquisition or
40,
development of land for public open space or other public purpose.
11
(2)
Land dedicated for public use in accordance with this Regulation shall be conveyed to
the Authority and may be sold or leased by the Authority for the purposes of any
development that conforms with the requirements of these Regulations, and the
proceeds of any sale or other disposition of land shall be applied against the cost of
acquisition or development of any other land for the purposes of public open space or
other public purposes.
(3)
The Authority may require a strip of land to be reserved and remain undeveloped along
the banks of any river, brook or pond, and this land may, at the discretion of the
Authority, constitute the requirement of land for public use under Regulation 78(1).
Part IV - Subdivision of Land
42
79. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole, telegraph
or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the prior approval of
the Authority which shall be satisfied on the question of safe construction and relationship to
the adjoining buildings and other structures within the street reservation.
80. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations unless
the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter of not less than 30
m.
(c)
The maximum length of any cul de sac shall be:
(i)
200 m in areas served by or planned to be served by municipal piped water and
sewer services, as shown in the map and letter of agreement signed by the
Municipality and the Minister of Municipal and Intergovernmental Affairs in
connection with municipal five-year capital works program eligibility.
(ii)
300 m in areas not served by or planned to be served by municipal piped water
and sewer services.
(d)
Emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall
connect the head of the cul de sac with an adjacent street.
(e)
No cul de sac shall be located so as to appear to terminate a collector street.
(f)
New subdivisions shall have street connections with an existing street or streets.
(g)
All street intersections shall be constructed within 5° of a right angle and this alignment
shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(I)
No more than four streets shall join at any street intersection.
(j)
No residential street block shall be longer than 490 m between street intersections.
Part IV -- Subdivision of Land
43
(k)
Streets in residential subdivisions shall be designed in accordance with the approved
standards of the Authority, but in the absence of such standards, shall conform to the
following minimum standards:
Type of Street
Reservation
Street
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Arterial Streets
30 m
15 m
1.5 m
discretion
of Council
Collector Streets
20 m
15 m
1.5 m
2
Local Residential Streets:
where more than 50%
of the units are single or
double dwellings;
where 50% or more of
the units are row
houses or apartments.
15 m
20 m
9 m
9 m
1.5 m
1.5 m
1
2
Service Streets
15 m
9 m
1.5 m
discretion
of Council
(I)
No lot intended for residential purposes shall have a depth exceeding four times the
frontage.
(m)
Residential lots shall not be permitted which abut a local street at both front and rear
lot lines.
(n)
The Authority may require any existing natural, historical or architectural feature or part
thereof to be retained when a subdivision is developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
81. Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers
and all appurtenances thereto and all streets, paving, curbs, gutters and catch basins
and all other utilities deemed necessary by the Authority to service the area proposed
to be developed or subdivided shall be designed and prepared by or approved by the
Engineer. Such designs and specifications shall, upon approval by the Authority, be
Part IV -- Subdivision of Land
44
incorporated in the plan of subdivision.
(2)
Upon approval by the Authority of the proposed subdivision, the Engineer shall certify
all work of construction layout preliminary to the construction of the works and
thereupon the developer shall proceed to the construction and installation, at his own
cost and in accordance with the approved designs and specifications and the
construction layout certified by the Engineer, of all such water mains, hydrants,
sanitary sewers and all appurtenances and of all such streets and other works deemed
necessary by the Authority to service the said area.
82. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the preparation
of designs and specifications and for the layout and supervision of construction; such fees and
charges being percentages of the total cost of materials and labour for the construction and
installation of all works calculated in accordance with the Schedule of Fees recommended by
the Association of Professional Engineers of Newfoundland and in effect at the time the work is
carried out.
83. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and paving
specified by the Authority as being necessary, may, at the Authority's discretion, be deferred
until a later stage of the work on the development of the subdivision but the developer shall
deposit with the Authority before approval of his application, an amount estimated by the
Engineer as reasonably sufficient to cover the cost of construction and installation of the works.
In the later stage of the work of development, the Authority shall call for tenders for the work of
construction and installation of the works, and the amount so deposited by the developer shall
be applied towards payment of the contract cost. If the contract cost exceeds the deposit, the
developer shall pay to the Authority the amount of the excess. If the contract price is less than
the deposit, the Authority shall refund the amount by which the deposit exceeds the contract
price. Any amount so deposited with the Authority by the developer shall be placed in a
separate savings account in a bank and all interest earned thereon shall be credited to the
Part IV - Subdivision of Land
45
developer.
84. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land and upon request
of the Authority, transfer to the Authority, at no cost to the Authority, and clear of all
liens and encumbrances:
40'
(a)
all lands in the area proposed to be developed or subdivided which are
approved and designated by the Authority for public uses as streets, or other
MP'
rights-of-way, or for other public use;
(b)
all services or public works including streets, water supply and distribution and
sanitary an storm drainage systems installed in the subdivision that are normally
owned and operated by the Authority.
(2)
Before the Authority shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets, services
and public works installed in the subdivision and certify his satisfaction with their
01,
installation.
(3)
The Authority shall not provide maintenance for any street, service or public work in any
111
subdivision until such time as such street, service or public work has been transferred to
and accepted by the Authority.
_
85. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
410
development and no building permit shall be issued until the Authority is satisfied that:
(a)
the lot can be served with satisfactory water supply and sewage disposal systems, and;
(b)
satisfactory access to a street is provided for the lots.
Part IV -- Subdivision of Land
46
86. Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building types and for
landscaping in order to enhance the visual aspects of the completed development and
to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by the Authority, shall not be changed without
written application to and subsequent approval of the Authority.
Part IV - Subdivision of Land
47
PART V - USE ZONES
87. Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use Zones which
are shown on the Zoning Map attached to and forming part of these Regulations.
(2)
Subject to Regulation 87(3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in the
Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not set out
in the Use Zone Tables in Schedule C, the Authority may in its discretion, determine the
standards, requirements and conditions which shall apply.
.4/
88. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in Schedule C
40,
shall be determined by the Authority in accordance with the classification and examples set out
144
in Schedule B.
89. Permitted Uses
444
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in the
appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that Use Zone.
.4/
90. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in
the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if the
Part IV -- Subdivision of Land
48
Authority is satisfied that the development would not be contrary to the general intent and
purpose of these Regulations, the Municipal Plan, or any further scheme or plan or regulation
pursuant thereto, and to the public interest, and if the Authority has given notice of the
application in accordance with Regulation 32 and has considered any objections or
representations which may have been received on the matter.
91. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in the
appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone.
TOWN OF MILLTOWN HEAD
of BAY D'ESPOIR
MINISTER'S REGULATIONS
2017-2027
PLAN-TECH
ENVIRONMENT
Milltown-Head of Bay d'Espoir
Page 1
NEWFOUNDLAND 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.
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
411
Minister's Development Regulations 2001
Milltown-Head of Bay d'Espoir
Page 2
1. Short title
These regulations may be cited as the Development Regulations.
2. Definitions
In these regulations,
(a)
"Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000;
(b)
"applicant" means a person who has applied to an authority for an approval or permit to
carry out a development;
(c)
"authority" means a council, authorized administrator or regional authority; and
(d)
"development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
3. Application
(1)
These regulations shall be included in the development regulations of an authority and
shall apply to all planning areas.
(2)
Where there is a conflict between these regulations and development regulations or
other regulations of an authority, these regulations shall apply.
(3)
Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
4. Interpretation
(1)
In development regulations and other regulations made with respect to a planning area
the following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from a street to adjacent or nearby land or to go from
that land to the street;
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, located on the
same lot as the main building to which it is an accessory and which has a
use that is customarily incidental or complementary to the main use of
the building or land,
(ii)
for residential
uses, domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetables
storage cellars, shelters for domestic pets or radio and television
antennae,
Minister's Development Regulations 2001
Milltown-Head of Bay d'Espoir
Page 3
111
(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;
(j)
"lot" means a plot, tract or parcel of land which can be considered as a unit of
land for a particular use or building;
(k)
"lot area" means the total horizontal area within the lines of the lot;
(I)
"lot coverage" means the combined area of all building on a lot measured at the
level of the lowest floor above the established grade and expressed as a
percentage of the total area of the lot;
(m)
"non-conforming use" means a legally existing use that is not
.listed as a permitted or discretionary use for the use zone in which it is located
or which does not meet the development standards for that use zone;
(n)
"owner" means a person or an organization of persons owning or having the
legal right to use the land under consideration;
(o)
"permitted use" means a use that is listed within the permitted use classes set
out in the use zone tables of an authority"s development regulations;
Minister's Development Regulations 2001
Milltown-Head of Bay d'Espoir
Page 4
(p)
"prohibited use" means a use that is not listed in a use zone within the
permitted use classes or discretionary use classes or a use that an authority
specifies as not permitted within a use zone;
(q)
"sign" means a word, letter, model, placard, board, device or representation,
whether illuminated or not, in the nature of or employed wholly or in part for
the purpose of advertisement, announcement or direction and excludes those
things employed wholly as a memorial, advertisements of local government,
utilities and boarding or similar structures used for the display of
advertisements;
(r)
"rear yard depth" means the distance between the rear lot line and the rear wall
of the main building on a lot;
(s)
"side yard depth" means the distance between the side lot line and the nearest
side wall of a building on the lot;
(t)
"street" means a street, road, highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other
emergency vehicles;
(u)
"street line" means the edge of a street reservation as defined by the authority
having jurisdiction;
(v)
"use" means a building or activity situated on a lot or a development permitted
on a lot;
(w)
"use zone" or "zone" means an area of land including buildings and water
designated on the zoning map to which the uses, standards and conditions of a
particular use zone table apply;
(x)
"variance" means a departure, to a maximum of 10% from the yard, area, lot
coverage, setback, size, height, frontage or any other numeric requirement 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.
5. Notice of right to appeal
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
(y)
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.
Minister's Development Regulations 2001
Milltown-Head of Bay d'Espoir
Page 5
`VW
VW
6. Appeal requirements
(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., A1B 4J6 is
the secretary to all boards in the province and an appeal filed with that secretary within
the time period referred to in subsection 42(4) 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.
(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.
7. Appeal registration
(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.
VW
11W
10.
Minister's Development Regulations 2001
Milltown-Head of Bay d'Espoir
Page 6
8. Development prohibited
(1)
Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, an authority shall not carry out work related to the matter
being appealed.
9. Hearing notice and meetings
(1)
A board shall notify the appellant, applicant, authority and other persons affected by
the subject of an appeal of the date, time and place for the appeal not fewer than 7
days before the date scheduled for the hearing of the appeal.
(2)
A board may meet as often as is necessary to conduct its work in an expeditious
manner.
10. Hearing of evidence
(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.
11. Board decision
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.
12. Variances
(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
MN.
"lb
Not
Minister's Development Regulations 2001
Milltown-Head of Bay d'Espoir
Page 7
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.
13. Notice of variance
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.
14. Residential non conformity
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.
15. Notice and hearings on change of use
Where considering a non conforming building, structure or development under paragraph
108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming
building, structure or development, an authority, at the applicant"s expense, shall publish a
notice in a newspaper circulating in the area or by other means give public notice of an
application to vary the existing use of a non-conforming building, structure or development and
shall consider any representations or submissions received in response to that advertisement.
16. Non-conformance with standards
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.
"."
Minister's Development Regulations 2001
Milltown-Head of Bay d'Espoir
Page 8
17. Discontinuance of non-conforming use
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.
18. Delegation of powers
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.
19. Commencement
These regulations shall be considered to have come into force on January 1, 2001.
"lb
Minister's Development Regulations 2001
TOWN OF MILLTOWN HEAD
of BAY D'ESPOIR
SCHEDULE "A"
2017-2027
PLAN-TECH
ENVIRONMENT
Schedule A
Page 1
DEFINITIONS
ACCESS means a way used or intended to be used by vehicles, pedestrians or animals in order to go from a
street to adjacent or nearby land or to go from that land to the street.
ACCESSORY BUILDING is:
(a)
A detached subordinate building not used as a dwelling, located on the same lot as the main
building or use to which it is accessory, and which has a use which is customarily incidental or
complimentary to the main use of the building or land:
(b)
for residential uses such as domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for domestic pets, or
radio and television antennae,
(c)
for commercial uses such as workshops, garages, and
(d)
for industrial uses such as garages, offices, raised ramps and docks.
ACCESSORY DWELLING UNIT means a separate dwelling unit constructed within and subsidiary to the main
use. The main use shall not be a single dwelling, double dwelling, row dwelling, and apartment building.
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 unless the context indicates otherwise, means the Urban and Rural Planning Act, 2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or representation,
whether illuminated or not, in the nature of and employed wholly or in part for the purposes of
advertisement, announcement or direction; excluding such things employed wholly as a memorial, or
functional advertisement of Councils, or other local authorities, public utilities and public transport
undertakers, and including any boarding or similar structure used or adapted for use for the display of
advertisements.
AGRICULTURE means an agricultural operation that is carried on for personal use, or for commercial
gain and includes:
(a) the clearing, draining, irrigating or cultivation of land,
(b) the raising of livestock, including poultry,
(c) the raising of fur-bearing animals,
(d) the raising of bees,
(e) the production of agricultural field crops,
(f) the production of fruit and vegetables and other specialty horticultural crops,
Definitions 2017-2027
Schedule A
Page 2
(g) the production of eggs and milk,
(h) the operation of agricultural machinery and equipment, including irrigation,
(i) storage, use or disposal of organic wastes (manure) for farm purposes, and
(j) any other agricultural activity or process prescribed by Provincial regulation that is carried on for
gain or reward.
AMUSEMENT USE means the use of land or buildings equipped for the playing of electronic, mechanical, or
other games and amusements including electronic games, pinball games and slot machine arcades and
billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
(a) 1 dairy cow, bull, sow (F to F)
(b) 2 heifers, beef cattle
(c) 3 sows, boars
(d) 5 veal
(e) 6 hogs
(f) 7 goats
(g) 8 sheep (ewe)
(h) 16 sheep (lamb)
(i) 40 foxes (w/liter)
(j) 150 mink
(k) 200 rabbits
ANTENNA means a system that involves the transmission or receiving of data through radio waves, air
monitoring, weather collection devices or other sources, typically forming part of a mast or tower which
may be several hundred metres tall, either guyed or freestanding. Small monitoring structures are
typically located near the base.
APARTMENT BUILDING means a building containing three or more dwelling units, but does not include a
row dwelling or a single dwelling with a subsidiary apartment.
APPLICANT means a person who has applied to Council for approval to carry out development.
APEAL BOARD means the appropriate Appeal Board established under the Act.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic arteries of the
area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map.
Definitions 2017-2027
Schedule A
Page 3
APPROVAL IN PRINCIPLE means that Council when considering a development application shall evaluate
the application to the development requirements within the Town. If the proposed development meets the
development requirements of the Town an approval in principle maybe given to the application. Final
approval and issuance of a permit to commence development are subject to the agreement by the
applicant to meet specified conditions as outlined by Council.
AUTHORITY means the Town Council of Milltown-Head of Bay d'Espoir , authorized administrator or
regional authority.
BACKLOT means a lot characterized by the location of the residential lot generally at the rear of another
residential lot, or otherwise separated from the public street which provides access, and by a narrower
area extending from the rear residential lot to the public street.
BED AND BREAKFAST means a detached dwelling occupied by the property owner or the bed and
breakfast host as a primary residence in which overnight accommodation and a breakfast meal are
offered to registered guests for a fee. A Tourist Home shall have the same meaning.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to persons other
than the immediate family of the owner or tenant.
BUFFER means a berm, row of trees or shrubs, hedge, fence, or distance separation that provides a
barrier between incompatible sites, uses or districts.
BUILDING means:
(a)
a structure, erection, excavation, alteration or improvement placed on, over or under land, or
attached, anchored or moored to land; mobile structures, vehicles and marine vessels adapted or
constructed for residential, commercial, industrial and other similar uses;
(b)
a part of and fixtures on buildings referred to in (a) and (b), and
(c)
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).
411
.0°
BUILDING HEIGHT means the vertical distance, in metres, from established grade to the:
a)
highest point of the roof surface of a flat roof;
b)
deck line of a mansard roof; and
c)
mean height level between the eave and ridge of a gable, hip or gambrel roof.
In any case, a Building Height shall not include mechanical structures, smokestacks, steeples, and purely
ornamental structures above a roof.
Definitions 2017-2027
Schedule A
Page 4
BUILDING LINE means a line established by the Council that runs parallel to the street line and is set at
the closest point to a street that a building may be placed. A corner lot is deemed to have a building line
setback on both the primary and flanking streets.
CHILD CARE FACILITY means a building or part of a building in which services and care are regularly
provided to children or adults, but does not include a school as defined by the Schools Act.
COLLECTOR STREET means a street that is designed to link local streets with arterial streets and which is
designated as a collector street in the Municipal Plan, or on the Zoning Map.
CORNER LOT means a lot deemed to have street frontages on both a primary and a flanking (secondary)
street.
CORNER LOT SIGHT TRIANGLE means a corner lot, a fence, sign, hedge, shrub, bush or tree or any other
structure or vegetation shall not be erected or permitted to grow to a height greater than 1 metres
above grade of the streets that abut the lot within the triangular area included within the street lines for
a distance of 6 metres from the point of intersection.
COUNCIL means the Municipal Council of the Town of Milltown-Head of Bay d'Espoir .
DEVELOPMENT means the carrying out of building, engineering, mining or other operations in, on, over, or
under land, or the making of a material change in the use, or the intensity of use of land, buildings, or
premises and the:
(a)
making of an access onto a highway, road or way,
(b)
erection of an advertisement or sign,
(c)
construction of a building,
(d)
the parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an
office, or for living accommodation, and excludes,
(e)
the carrying out of works for the maintenance, improvement or other alteration of a building,
being works which affect only the interior of the building or which do not materially affect the
external appearance or use of the building,
---
Definitions 2017-2027
Schedule A
Page 5
(f)
the carrying out by a highway authority of works required for the maintenance or improvement
of a road, being works carried out on land within the boundaries of the road reservation,
(g)
the carrying out by a local authority or statutory undertaker of works for the purpose of
inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including
the breaking open of streets or other land for that purpose,
(h)
the use of a building or land within the courtyard of a dwelling house for a purpose incidental to
the enjoyment of a dwelling house as a dwelling.
DEVELOPMENT AGREEMENT means a written agreement between the municipality and a developer
which establishes particular circumstances and conditions under which a development may be carried
out.
DEVELOPMENT REGULATIONS means 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 the Council's Development Regulations.
DOUBLE DWELLING means one building containing two dwelling units, placed one above the other, side by
side, or joined by a carport with separate lot areas dedicated to each unit, but does not include a single
dwelling containing a subsidiary apartment.
DRIVEWAY means a private road for vehicles that connects a house, garage, or other building with a public
road.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used or designed
as the living quarters for one or more persons.
ENGINEER means an engineer who is a member of the Association of Professional Engineers and
Geoscientists of Newfoundland, employed or retained by the Council.
ESTABLISHED BUILDING LINE means the average distance from the street line of existing buildings in
any block where more than half the frontage has been built upon in the past.
Definitions 2017-2027
_ a
_ c
a = highest elevation
b = lowest elevation
c = established grade
Schedule A
Page 6
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
of the front of that building exclusive of any artificial
embankment or entrenchment;
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.
FAMILY CHILD CARE USE means a building or part of a building in which services and activities are regularly
provided for up to six (6) children as defined in the Child Care Services Act, but do not include a school as
defined by the Schools Act.
FLANKING STREET means the secondary street bordering a corner lot.
FLOODWAY means the inner portion of a flood risk area where the risk of flood is greatest, on average
once in twenty years and where the flood depths and water velocities are greatest.
FLOODWAY FRINGE means the outer portion of a flood risk area, between the floodway and the outer
boundary of the flood risk area, where the risk of flooding is lower, on average once in one hundred
years, and flood waters are shallower and slower.
FLOOD PROOFING means structural and/or non-structural measures incorporated in the design of a
building or structure which reduce or eliminate the risk of flood damage by ensuring that the ground
floor elevation is higher than the projected flood level and that the building can be exited without
hindrance in the event of a flood.
FLOOR AREA means the total area of all floors of a building measured to the outside face of exterior walls.
FORESTRY means the use of land for the purpose of forest and woodland management including the felling,
cutting, trimming and thinning of forest or woodland for the extraction of timber, and includes reforestation
and silviculture.
FRONTAGE means the horizontal distance between side lot lines measured at the building line.
Definitions 2017-2027
Schedule A
Page 7
IF
+EP
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front wall of the main
building on the lot.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use to a main building
on the lot.
GENERAL GARAGE means land or buildings used for the repair, maintenance and storage of motor vehicles
and may include the sale of petroleum products.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing, assembling, altering,
repairing, manufacturing, fabricating, preparing, processing, testing, salvaging, breaking up, demolishing, or
treating any article, commodity or substance, and "Industry" shall be construed accordingly.
GROUP CHILD CARE USE means a building or part of a building in which services and activities are regularly
provided for seven (7) or more children as defined in the Child Care Services Act, but do not include a school
as defined by the Schools Act.
GROUP HOME means a dwelling unit accommodating not more than 6 persons, exclusive of staff, in a
home-like setting where staff provide care and supervision. This definition includes, but is not limited to,
the facilities called "Transition House" and "Foster Home".
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.
HOME OCCUPATION means a secondary use of a dwelling unit or its accessory building by at least one of
the residents of such dwelling unit to conduct a gainful occupation or business activity, and subsidiary to a
residential use. Also referred to as a "Home based Business", and classified as an "Office" use.
HOME OFFICE means a secondary use of a dwelling unit by at least one of the residents of such dwelling
unit to conduct a gainful occupation or business activity with such occupation or business activity being
restricted to office uses which do not involve visitation by clients, customers, or the general public to the
site, nor the employment of non-residents, and subsidiary to a residential use. Also referred to as a "Home
Based Business", and classified as an "Office" use.
Definitions 2017-2027
Schedule A
Page 8
HOBBY FARMING: means a small scale farm plot or kitchen garden or barn associated with a residence
for bee keeping, growing root crops or keeping of livestock without being a primary source of income.
Livestock on a hobby farm shall be limited to one animal unit.
HOSPITALITY HOME means a dwelling unit in which at least 1 room is regularly rented, and includes the
uses commonly referred to as "Bed and Breakfast", and "Boarding House".
INFILL LOT means a typical empty lot between existing dwellings on a residential street. An infill lot may
also mean land available between existing buildings.
INSPECTOR means a person appointed as an inspector by the Council.
LAND includes land covered by water, and buildings and structures on, over, or under the soil and fixtures
that form part of those buildings and structures.
LANDSCAPING means the development of land by altering the topography and ground cover and may
include the use of turf, plants, shrubs, trees, retaining walls and fences.
LANDSCAPE PLAN means a two dimensional scaled concept plan showing the land or lot boundaries which
would include proposed development of the land by using turf, plants, shrubs, trees, retaining walls and
fences for aesthetic or practical purposes. A Landscape Plan may include, but not limited to, the
arrangement or modifying land features, such as tree retention or planting, garden edging or retaining,
planting, screening, fencing or earthwork (alteration or drainage).
LIGHT INDUSTRY means the use of land or buildings for industrial use that can be carried out without
hazard or intrusion and without detriment to the amenity of the surrounding area by reason of noise,
vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
LIVESTOCK OPERATION means a livestock operation of agricultural animals confined in one location
which consists of 5 or more animal units at a given point in time.
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, or on the Zoning Map.
Definitions 2017-2027
Schedule A
Page 9
LOT means a plot, tract or parcel of land that can be considered as a unit of land for a particular use or
building.
LOT AREA means the total horizontal area within the lines of a lot.
111
LOT COVERAGE means the combined area of all buildings 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.
Lot coverage = Area of A + Area of B
Lot area
40.
rear lot line
LOT LINE, REAR means the lot line on the opposite
side of the front lot line.
A
building line
--- front lot line
street
LOT LINE, SIDE means the lot lines perpendicular to
the front and rear lot lines.
side lot line - -
LOT LINE, FLANKING means a lot line which abuts the street on a corner lot.
MINERAL EXPLORATION means the process of exploring for and finding commercially viable
concentrations of minerals and ores to mine.
414
MINERAL WORKING means land or buildings used for the working, stockpiling or extraction of rock,
mineral, peat or aggregate material, and will include a "quarry".
MINI HOME means a factory produced single dwelling complying with the National Building Code and
having the appearance of a mobile home.
MINISTER shall mean the Minister of Municipal Affairs and Environment, unless otherwise specified.
LOT FRONTAGE means the horizontal distance
11,
between side lot lines measured at the building line
4V
(the distance between points A and B in illustration at
right).
41
Definitions 2017-2027
Schedule A
Page 10
MODULAR HOME means a residential dwelling built in modules in a factory complete with kitchen,
bedrooms, bath, etc, as may be pre-set in a house and transported to the building site for joining and
placement on a foundation. Modular home construction shall conform to the National Building Code
and the Town of Milltown-Head of Bay d'Espoir Development Regulations.
MUNICIPAL PLAN means a plan adopted by the Council as a Municipal Plan pursuant to the Urban and
Rural Planning Act, 2000.
NON-CONFORMING USE means a legally existing use that is not listed as a permitted use or discretionary
use for the use zone in which it is located or which does not meet the development standards for that use
zone.
OWNER means a person or an organization or persons owning or having legal right to use the land under
consideration.
PERMIT TO DEVELOP means the general term referring to all permits or licenses approved by Council
and shall include all conditions, agreements or provisions attached thereto.
PERMITTED USE means a use that is listed within the permitted use classes set out in the use zone tables of
these Development Regulations.
PLANNING AREA means a regional planning area and a municipal planning area established under section 6
and 11 of the Act. For the purpose and context of these regulations, the Planning Area shall mean the area
within the municipal boundaries of the Town of Milltown-Head of Bay d'Espoir .
PRIMARY STREET means the street on which a development fronts and is referenced in the civic address.
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 Council specifies as not permitted within a use zone.
PUBLIC STREET means a main road or thoroughfare owned and maintained by the Authority, such as a
provincial highway or local street, available to the public for pedestrian use or vehicular transportation.
REAR YARD DEPTH means the mean distance between the rear lot line and the rear of the main building on
the lot.
"lb
Definitions 2017-2027
Schedule A
Page 11
RESTAURANT means a building or part of a building, licensed for the purpose of serving meals and includes
a "Snack Bar".
ROW DWELLING means three or more dwelling units at ground level in one building, each unit separated
vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal or recreational use,
and is not intended for use as permanent living quarters.
SCREENING means a fence, berm, trees, hedge, wall or building used to separate areas or functions
which detract from the appearance of the streetscape and the view from the surrounding areas.
SERVICE STATION means a building, including gas pumps, used for the sale of petroleum products, and may
include general merchandise, minor automotive repairs, and washing of vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the purpose of
limiting direct access to that street.
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.
SHOPPING CENTRE means a group of retail stores with integrated parking which is planned, developed and
designed as a unit containing a minimum of 5 retail establishments.
SHOWROOM means a building or part of a building in which samples or patterns are displayed and in which
orders may be taken for goods, wares or merchandise, including vehicles and equipment, for later delivery.
SIDEYARD WIDTH means the distance between a side lot line and the nearest side wall 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 or local government, utilities
and boarding or similar structures used for the display of advertisements.
1-1
+IF
Definitions 2017-2027
street line
street line
street
street reservation
Schedule A
Page 12
SINGLE DWELLING means one building containing a single dwelling unit for the use of one family, placed on
its own lot, and can include a subsidiary apartment.
SITE PERMIT means a permit issued by the Town of Milltown-Head of Bay d'Espoir for any earth
disturbance or other earthwork including, but not limited to, clearing and grubbing, grading,
excavations, embankments, land development, road maintenance, and the moving, depositing,
stockpiling or storing of soil, rock, or earth materials.
STREET means a street, road, highway or other way designed for the passage of vehicles and pedestrians,
and which is accessible by fire department and other emergency vehicles.
STREET LINE means the edge of the right of way of a street
reservation as defined by the authority having jurisdiction.
STREET RESERVATION means an area determined by Council that
is reserved for a street, a future street or future street
improvements.
SUBDIVISION means the dividing of land, whether in single or joint ownership, into 2 or more pieces
(including lots), for the purpose of development.
SUBDIVISION (RESIDENTIAL) means a concept proposal to subdivide property into building lots. It
generally shows topographic information, natural features, such as rivers and vegetation, and the
proposed lots and streets. It typically involves the construction of new streets and infrastructure for
public use and may require a development agreement.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary to a single
dwelling.
Temporary Worker's Housing means temporary worker accommodations limited to the duration of a
specific project for a short duration and located in an area buffered from other uses within the zone.
Temporary site infrastructure shall include water supply and sewage disposal and eventually the site
shall be reclaimed to its original condition. Examples are mobile homes, and modular homes, portable
units for workers quarters.
Definitions 2017-2027
Schedule A
Page 13
TAKE-OUT FOOD means a building in which the primary purpose is the preparation and sale of meals and
refreshments for consumption off the premises.
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.
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 Council's
regulations.
YARD means an open uncovered space on a lot appurtenant to a building (except a court) and
unoccupied by buildings or structures except as specifically permitted elsewhere in these Regulations.
YARD, REAR means the distance between the rear lot line and the rear wall of the main building on a
lot.
YARD, SIDE means the distance between the side lot line and the nearest side wall of a building on the
lot.
YARD, FRONT means the distance between the front lot line of a lot and the front wall of the main
building on the lot.
YARD, FLANKING means the side yard of a corner lot which side yard extends from the front yard to the
rear yard between the flanking lot line and the nearest main wall of any main building or structure
YARD, ABUTTING means the yard of an abutting lot which shares a lot line of subject property. (see
diagram)
Definitions 2017-2027
A = Front Yard
B = Rear Yard
C = Side Yard
D = Flanking Yard
E = Buildable Area
F = Abutting Yard
Schedule A
Page 14
ZONING MAP means the map or maps attached to and forming part of the Town of Milltown-Head of Bay
d'Espoir Development Regulations.
Definitions 2017-2027
TOWN OF MILLTOWN HEAD
of BAY D'ESPOIR
SCHEDULE "B"
2017-2027
.11
+0,
PLAN-TECH
ENVIRONMENT
-IP
.f.
-or
Milltown-Head of Bay d'Espoir Schedule B
Page 1
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
USES
1. Assembly Uses for the
production and viewing of
the performing arts.
(a) Theatre
Motion Picture Theatres
T.V. Studios admitting an audience.
2. General Assembly Uses
(a) Cultural and
Civic
Libraries
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(b) General
Assembly
Community Halls
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowling Alleys
(c) Educational
Schools
Colleges (non- residential)
(d) Place of
Worship
Churches and similar places of wor-
ship.
Church Halls
(e) Passenger
Assembly
Passenger Terminals
(f) Club and
Lodge
Private Clubs and
Lodges (non-residential)
(g) Catering
Restaurants
Bars
Lounges
(h) Funeral Home
Funeral Homes and Chapels
(i) Child Care
Day Care Centres
(j) Amusement
Electronic Games Arcades
Pinball Parlours
Poolrooms
-r
Milltown-Head of Bay d'Espoir Schedule B
Page 2
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
USES
(continued)
3. Arena-type Uses
(a) Indoor
Assembly
Arenas
Armouries
Ice Rinks
Indoor Swimming Pools
Gymnasium
Community/Fitness Centre
4. Open-air Assembly Uses
(a) Outdoor
Assembly
Bleachers
Grandstands
Outdoor Concert Area
Outdoor Ice Rinks
Swimming Pools
Amusement Parks
Fair-grounds/Exhibition Grounds
Splash Pad
Playground
Outdoor Play Courts
Camping Grounds
R. V. Camping Parks
B. INSTITUTIONAL
USES
1. Penal and Correctional
Institutional Uses
(a) Penal and
Correctional
Detention
Jails
Penitentiaries
Police Stations (with detention
quarters)
Prisons
Psychiatric Hospitals (with
detention quarters)
Reformatories
2. Special Care
Institutional Uses
(a) Medical
Treatment
and Special
Care
Children's Homes
Convalescent Homes
Homes for Aged
Hospitals
Infirmaries
Orphanages
Psychiatric
Hospitals
Sanatoria
C. RESIDENTIAL
USES
1. Residential
Dwelling
Uses
(a) Single
Dwelling
Single Detached Dwellings
Family & Group Homes
(b) Double
Dwelling
Semi-detached Dwelling
Duplex Dwellings
Family & Group Homes
In-Law Suites
(c) Row
Dwelling
Row Houses
Town Houses
Family & Group Homes
(d) Apartment
Building
Apartments
Family & Group Homes
Milltown-Head of Bay d'Espoir Schedule B
Page 3
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDENTIAL
USES
(continued)
2. General Residential Uses
(continued)
(a) Collective
Residential
Residential
Colleges & Schools
University & College Halls
of Residence
Convents & Monasteries
Nurses and Hospital Residences
(b) Boarding House
Residential
Boarding House
Lodging House
Bed and Breakfast
Hospitality Home
(c) Commercial
Residential
Hotels & Motels
Hostels
Residential Clubs
(d) Seasonal
Residential
Summer Homes & Cabins
Hunting & Fishing Cabins
(e) Mobile Homes
Mobile Homes
D. BUSINESS
& PERSONAL
SERVICE
USES
1. Business, Professional, and
Personal Service Uses
(a) Office
Offices (including
Government Offices)
Banks
(b) Medical &
Professional
Medical Offices
and Consulting Rooms
Dental Offices & Surgeries
Legal Offices
Similar Professional Offices
(c) Personal
Service
Barbers
Hairdressers
Beauty Parlours
Small Appliance Repairs
Pet Grooming
(d) General
Service
Self-service Laundries
Dry Cleaners (not using
flammable
or explosive
substances)
Small Tool and Appliance
Rentals
Travel Agents
Milltown-Head of Bay d'Espoir Schedule B
Page 4
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
PERSONAL
SERVICE
USES
(continued)
1.
Business,
Professional
& Personal
Service Uses
(continued)
(e) Communica-
tions
Radio Stations
Telephone Exchanges
(f) Police Station
Police Stations
(g) Taxi Stand
Taxi Stands
(h) Take-out
Food Service
Take-out Food
Service
(i) Veterinary
Veterinary Surgeries
E. MERCANTILE
USES
1. Retail Sale and
Display Uses
(a) Shopping
Centre
Shopping Centres
(b) Shop
Retail Shops, Stores and Showrooms
Department Stores
Pharmacy and drugstore
(c) Indoor Market
Market Halls
Auction Halls
(d) Outdoor
Market
Market Grounds
Animal Markets
Produce and Fruit Stands
Fish Stalls
Sale of Firewood
Sale of Garbage Box
Sale of New or Used Automobiles
(e) Convenience
Store
Confectionary Stores
Corner Stores
Gift Shops
Specialty Shops
F. INDUSTRIAL
USES
1.
Industrial uses involving
highly combustible and
hazardous substances and
processes.
(a) Hazardous
Industry
Bulk Storage of hazardous
liquids and substances.
Chemical Plants
Distilleries
Feed Mills
Lacquer, Mattress, Paint, Varnish,
and
Rubber Factories
Spray Painting
11,
VW,
11.
Milltown-Head of Bay d'Espoir Schedule B
Page 5
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
USES
(continued)
2. General Industrial Uses
involving Limited
Hazardous Substances and
Processes.
(a) General
Industry
Factories
Cold Storage Plants
Freight Depots
General Garages
Warehouses
Workshops
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
Outdoor Storage
Heavy Equipment Storage
Temporary Workers Housing
(b) Service
Station
Gasoline Service Stations
Gas Bars
3. Light, Non-hazardous or
Non-intrusive Industrial Uses.
(a) Light
Industry
Light Industry
Parking Garages
Indoor Storage
Warehouses and Workshops
G. NON-BUILDING
USES
1. Uses not directly related to
building.
(a) Agriculture
Commercial Farms
Hobby Farms
Market Gardens & Nurseries
(b) Forestry
Tree Nurseries
Silviculture
(c) Mineral
Working
Quarries and Pits
Mines
Oil Wells
(d) Recreational
Open Space
Playing Fields
Sports Grounds
Parks
Playgrounds
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural, Historical and
Scenic Sites
Steep Slopes
Wildlife Sanctuaries
(f) Cemetery
Cemeteries and Graveyards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
(h) Wind Power
Wind Turbine(s)
.1,
"NI
.11
"NI
.1,
Milltown-Head of Bay d'Espoir Schedule B
Page 6
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G. NON-BUILDING
USES
(continued)
1. Uses not directly related to
building.
(h) Solid Waste
Solid Waste Disposal
Sanitary Land Fill
Incinerators
(i) Animal
Animal Pounds
Kennels
Zoos
Dog Grooming
(j) Antenna
TV, Radio and Communications
Transmitting, Receiving Masts and
Antennae
(k) Transportation
Airfields
Railway Yards
Docks and Harbours
(I) Sewerage
treatment
Sewerage Treatment Plant
Sewerage Outfall
TOWN OF MILLTOWN HEAD
of BAY D'ESPOIR
SCHEDULE "C"
2017-2027
PLAN-TECH
_
ENVIRONMENT
TOWN OF MILLTOWN-
HEAD OF BAY D'ESPOIR
SCHEDULE "C"
STANDARD CONDITIONS FOR ALL USE ZONES
The following conditions shall apply to all use zones listed under these Development
Regulations.
1. General Development Regulations
An Approval in Principle or a Permit to Develop shall not be issued until the
development application has been reviewed for compliance with the General
Development Regulations, Parts I-V.
2.
Interpretation of Zone Boundaries
Where possible the boundaries of the use zones follow identified features such as
streets, fences, watercourses, transmission lines, or lot lines. Where there is any
uncertainty, contradiction, or conflict concerning the intended location of a zoning
boundary, Council shall interpret the exact location of the zoning boundary in a manner
that is consistent with the intent and policies of the Municipal Plan without amendment
to the Land Use Zoning Map.
3.
Discretionary Uses
The discretionary uses listed in the use zone tables may be permitted at the discretion
of Council, provided that they are complimentary to uses within the permitted use class,
or that their development will not inhibit or prejudice the existence or the development
of such uses. Reference should be made to the General Development Standards.
4.
Referrals - General Approvals by Provincial and Federal Government Agencies and
Departments
Prior to the issuance of a development permit for the foregoing developments, approvals
must be obtained from the various agencies noted below:
Agriculture and Farming
Approvals must be obtained from the Agricultural Land Section, Department of Fisheries and
Land Resources for any commercial farming operation. Service NL must approve all manure
systems.
Crown Land
Approvals must be obtained from the Crown Lands Administration Division, Department of
Fisheries and Land Resources. Applications are made to the Central Regional Lands Office,
Fraser Mall, Gander.
On-Site Services (Well and Sub-Service Systems)
Approvals involving installation of on-site water and sewer systems must be obtained from
the Service NL.
Environmental Investigations
Approvals for any development that may have an environmental impact must be referred to
Environmental Investigations, Service NL, and/or the Pollution Preventions Division,
Department of Municipal Affairs and Environment.
Forestry
Permits for commercial and domestic woodcutting or other forestry related activities must
be obtained from the Bay D'Espoir District Office, Department of Fisheries and Land
Resources, Forest Management Unit, Milltown.
Mineral Workings, Mining and Mineral Exploration
Approvals and permits involving mining and quarrying and other development proposed to
take place within 50 metres of a reserved sand or gravel pit or quarry; within 300 metres of
an operational sand or gravel pit or quarry; or within 1000 meters of a quarry in which
blasting may take placemust be obtained from the Department of Natural Resources,
Mineral Lands Division.
Archaeology Discovery
During site excavation any artifacts or physical structures found of a historical nature shall be
reported to the Provincial Archaeology Office, Department of Arts, Culture, Sports and
Recreation.
Waterways
Any development within a body of water involving alteration of a body of water must be
approved or exempted by the following agencies:
Provincial
11,
41,
Development of Municipal Affairs and Environment, Water Resources Division -- for any
development within fifteen (15) metres of a body of water or the defined high water mark of
a body.
Federal
Department of Fisheries and Oceans
Coast Guard Canada -- Navigable Waters Act.
Fish Habitat Division
5. Development Over Easements
No permanent building shall be constructed over any known easement, whether that
easement has been assigned to the Town of Pouch Cove, a department of the provincial or
federal government, or any utility company (ie: Newfoundland Power, telephone, cable
television, Crown land). Permanent buildings include, but are not limited to, all dwellings
and accessory buildings.
4. Conservation of Natural Environment and Aesthetic Areas
Council may require agreements with developers and property owners aimed at preserving
sensitive environmental areas and natural scenic areas. These areas may include sensitive
vegetation, fish habitat, or water quality. Such agreements may include provisions such as
designating of local conservation areas, maintenance of tree cover and maintenance of tree
cover along rear yards, rivers, streams and shorelines.
5. Shoreline Buffers
Generally, no development will be permitted within 15 metres of rivers or streams, or
shoreline of lakes and ponds. Certain public works and passive recreational open space uses
may be permitted as long as they will not be detrimental to the environmental and aesthetic
quality of the area. Development of these areas will be subject to the approval of the
federal Department of Fisheries and Oceans, and/or the provincial Department of Municipal
Affairs and Environment.
6.
Transmission Lines and Power Corridor Easements
Transmission lines and power corridor easements shall be permitted in all land use zones.
7. Transportation Uses
Transportation uses associated with the construction and maintenance of transmission lines
and power lines and other permitted or discretionary uses associated within the land use
zone shall be at the discretion of Council.
8. Land Use Zones
The schedule contains tables for the following Use Zones. This schedule contains tables
showing the use classes which may be permitted or which may be treated as discretionary
use classes for the purpose of these Regulations. The tables also indicate the required
standards of development and may also include conditions affecting some or all of the use
classes. Uses which are not listed as permitted or discretionary uses are considered as
prohibited.
The schedule contains tables for the following Use Zones:
Land Use Zone
Abbreviation
Page
Residential
RES
1
Mixed Development
MD
8
Commercial-Industrial
C-I
15
Public Buildings
PB
19
Recreation Open Space
ROS
21
Conservation
CON
23
Watershed
WAT
25
Rural
RUR
26
-
Milltown-Head of Bay d'Espoir, Schedule C
Page 1
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL (RES)
PERMITTED USE CLASSES - (see Regulation 89)
Single dwelling, double dwelling, recreation open space, conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Row dwelling, apartment building, boarding house (includes tourist home, and bed and breakfast), convenience
store, medical and professional, medical treatment and special care, personal service, child care, recreational
open
space,
office,
shop,
place
of worship,
education,
agriculture
(hobby farming),
cultural
and
civic,
professional service, light industry, transportation and antenna.
STANDARDS
Single
Dwelling
Double
Dwelling
Row
Dwelling
APARTMENT BUILDING
1
Bed
Apt.
2
Bed
Apt.
3
Bed
Apt.
4
Bed
Apt.
Lot area (m2) minimum
450
350*
390*
200*
250*
280*
300*
Floor area (m2) minimum
80
80*
65*
40*
50*
60*
70*
Public Road Frontage (m) (minimum)
15
26*
12 m/unit
36
Building Line Setback (m)
(minimum)
6
8
8
15
Building Line Setback (m)
(maximum)
30
30
30
30
Sideyard Width (m)(min.)
Major and Minor
3& 1
3
5
3
Minimum Flanking Side Yard (m)
6
8
8
15
Rearyard Depth (m)(min.)
9
9
9
14
Lot Coverage (%)(max.)
33
33
33
33
Building Height (max.)
8
8
10
10
*
Per dwelling unit
Milltown-Head of Bay d'Espoir, Schedule C
Page 2
CONDITIONS FOR RESIDENTIAL ZONE
1.
Development Standards for Unserviced Lots
The following standards shall apply to lots requiring full or partial onsite services.
STANDARDS
(Town water)
Single
Dwelling
Single
Dwelling
(Unserviced)
Minimum Lot Area (m2)
1400
1,860
Minimum Frontage (m)
23
30
Minimum Building Line Set Back (m)
8
8
Maximum Building Line Set Back (m)
15
15
Minimum Side Yard (m)
Major and Minor
3 & 1
3 & 1
Minimum Rear Yard (m)
9
9
Maximum Lot Coverage (%)
33
33
Maximum Height (m)
8
8
Minimum Floor Area (m2)
80
80
2.
Discretionary Uses Classes
The discretionary use classes listed in the table may be permitted at the discretion of the
Council provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses.
3.
Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have two street
frontages and shall be required to maintain the minimum building line setback on both the
primary and flanking streets as prescribed in the use zone table.
4.
Dwelling Frontage
The front wall of a dwelling shall be parallel to the street on which it is fronting and has a civic
number.
S.
Accessory Buildings
(a)
All accessory buildings shall have a maximum floor area of 70m2.
(b)
An accessory building shall be prohibited to project in front of a building line or in the
flanking sideyard of a corner lot.
(c)
Accessory buildings shall located be on the same lot as the residential dwelling and shall
be clearly incidental and complementary to the main use of the residential dwelling in
character, use, style and exterior finish, and shall be located so as to minimize any visual
impacts on adjoining properties.
Milltown-Head of Bay d'Espoir, Schedule C
Page 3
(d)
The maximum height shall be 6m with a minimum of 1m from any property line and 2m
from the nearest corner of a residential dwelling.
(e)
Accessory buildings (private garages only) may be permitted in the sideyard at Council
discretion, but not in the flanking sideyard of a corner lot.
(f)
Residential lots may have more than one accessory building provided that the maximum
combined floor area of all buildings, including a second storey, shall not be greater than
the maximum area as set out in the General Development Regulations and this Land Use
Zone Table.
(g)
Aside from minor vehicle maintenance, no person shall use an accessory building for the
purpose of performing major repairs, painting, dismantling, or scrapping of vehicles or
machinery.
6.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied by a
permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement shall meet
the requirements of Council, having regard to the safety and convenience of users of
adjacent streets and sidewalks, and the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
7.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to, the premises to which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the satisfaction of
Council, having regard to the grade and alignment of streets, the location of street
junctions and nearby buildings, and amenities of the surrounding area.
8.
Convenience Store
Convenience stores may only be permitted as a discretionary use provided that:
(a)
The convenience store forms part of the residential dwelling and shall not exceed more
than 25% of the total floor area of the building, to a maximum of 45 m2.
4./
Milltown-Head of Bay d'Espoir, Schedule C
Page 4
(b)
The convenience store must front directly onto a public road.
(c)
The retail use shall be subsidiary to the residential character of the area, and shall not
affect residential amenities of adjoining properties.
(d)
Adequate provision for onsite parking, loading, buffering and landscaping.
(e)
A convenience store shall not be located on single access or dead end roads, unless on a
corner lot at the intersection with a main road.
9.
Home Businesses - Office, Medical and Professional Service, Personal Service, and Light
Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling consisting of an
occupation or profession which generates revenue for the resident.
Office, medical and professional service, personal service, and light industry uses may be
permitted provided they are carried out as home occupations, businesses operated in the
dwelling, or in a building subsidiary to the dwelling on the same lot, by the occupants of the
dwelling, and meet the following requirements.
(a)
Office uses shall be limited to small business services and professional offices;
(b)
Light Industry uses shall be limited to fabrication for the production of handmade
articles such as clothing, and arts and crafts objects;
(c)
The use is clearly subsidiary to the residential use, does not alter the residential
character of the dwelling unit, and does not detract from the residential character of the
neighbourhood.
(d)
No wholesale sales or storage of goods is carried out, any retail sales are incidental and
subsidiary to the approved use, no repairs to vehicles or heavy equipment are carried
out.
(e)
Activities associated with the use are not hazardous and do not cause noticeable noise,
odour, dust, fumes, or inconvenience to occupants of adjoining residences.
(f)
Activities associated with the use shall be carried on inside the dwelling or in a building
separate from the dwelling.
(g)
One building only, separate from the dwelling, may be used in connection with a light
industrial use and service use and shall conform to the Accessory Buildings condition
height and floor area limit for this zone; child care use shall be carried out in the
dwelling unit or be attached to the dwelling unit.
(h)
Except for child care, no more than 30% of the total floor area of the dwelling is devoted
to the use.
(i)
The use shall not generate traffic, parking, sewage or water use in excess of what is
normal in the residential area.
(j)
Activities associated with the use are not hazardous and do not cause a noticeable
increase in noise, odour, dust or fumes, nor cause electrical interference or in any other
way result in a nuisance to the occupants of surrounding residences.
(k)
The residential lot has sufficient area to accommodate the parking requirements of the
dwelling unit and the home occupation.
(I)
No regular parking of commercial vehicles except for one vehicle with a gross weight of
no greater than one tonne will be permitted on the lot or on the road reservation
adjacent to the lot.
14,
Milltown-Head of Bay d'Espoir, Schedule C
Page 5
10.
Child Care
A day care or day nursery (i.e.: a child care operation in which services are regularly provided to
seven or more children), is subject to the following conditions:
(a)
The operation is in accordance with all applicable provincial laws and regulations.
(b)
The use will not occupy more than 70m2 or 40% of the floor area, whichever is less.
(c)
Provision for off-street parking will be required as per the off-street parking
requirements of these Regulations.
(d)
The drop-off and pick-up of children will not interfere with the free flow of vehicular
traffic.
(e)
The use is not located adjacent to or near hazardous, dangerous, or incompatible uses.
These include, but are not limited to, heavy industrial uses, service stations, garages,
night clubs, and amusement uses.
11.
Boarding House Residential (Tourist Home/Bed and Breakfast)
A tourist home/bed and breakfast use in a dwelling may be permitted as a discretionary use to
provide room and board for tourists or the travelling public, under the following conditions:
(a)
the use does not detract from the residential character of the neighbourhood;
(b)
the use is carried out by a resident/owner of the dwelling unit;
(c)
the dwelling in which the tourist home/bed and breakfast use is carried out is similar in
exterior finish, design, height, and scale to a private residential dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or hedge;
(f)
the maximum number of guest rooms shall be five (5), and
(g)
the establishment shall be licensed under the Tourist Establishment Regulations, as
amended from time to time.
12.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of rivers or
streams, or within 15 metres of the shoreline of ponds, with the exception of conservation
structures such as those designed to control flooding and erosion as well as bridges, pathways,
and public services. Development of marine or water related uses such as wharfs, slipways,
boathouse, etc. may be permitted. All development occurring within these limits is subject to
the approval of Council and the Department of Environment and Conservation.
"6-
Milltown-Head of Bay d'Espoir, Schedule C
Page 6
13.
Landscaping and Surfacing
Residential buildings lots shall be landscaped. No debris or material left over from site
preparation may be allowed to remain in general public view. The surface of the entire building
lot must be finished with a stable surface (grass, pavement, gravel) to ensure dusty or muddy
surface conditions will not arise.
14.
Residential Buffer
In the case of a residential development locating adjacent to an existing or proposed non-
residential use or zone, Council may require the developer of the residential use to provide a
buffer. Any such buffer shall be made up of hedges, trees, shrubs, earthen berms or structural
barriers that will sufficiently mitigate noise, visual unpleasantness and other undesirable effects.
Trees and shrubs existing on the site prior to development which could form all or part of a
buffer shall not be removed.
15.
Steep Slopes and Flood Plains
Applications for sites having slopes greater than 20%, or potentially subject to flooding or any
other hazards such as landslides, shall not be permitted unless the site has a geo-physical
assessment conducted by a Professional Engineer or other person qualified to make a
determination, to ensure development can take place without endangerment to health or
safety.
16.
Transportation - Boat Houses, Wharves and Docks
(a)
Boat Houses - Construction of a building for the storage and maintenance of
recreational boats, may be permitted. An accessory use to a residential use shall
conform to the condition 5 for accessory buildings set out above.
(b)
Wharves and Docks - Where water lot frontages exist, wharves and docks may be
permitted provided that the size and scale of the development does not have a negative
impact on surrounding seasonal residential properties. Approval from the Department
of Environment and Conservation, Service NL and Fisheries and Oceans may be
required.
(c)
Notwithstanding Regulation 32, Part II - General Development Regulations and
Condition 5 above, boat houses, wharves and docks, may be built to the lot boundary
line when the lot line corresponds to the water's edge.
Milltown-Head of Bay d'Espoir, Schedule C
Page 7
17.
Backlot Development
Where vacant parcels of land exist which have access to a public street and are of sufficient size
for a building lot, but which do not have the required frontage on a publicly maintained street,
they may be considered on a discretionary basis provided the following conditions are met:
(a) the maximum setback for front lot line or side lot line (depending on lot orientation)
from a public street shall be a minimum of 32 metres and a maximum of 100 metres
from a public street. The minimum lot area and all other development standards
shall be the same as for other residential development in this zone;
(b) only single dwellings may be permitted;
(c) lots must have direct access to, and street line frontage on, a public street;
(d) the development of the lot would not prevent the use of adjoining lands for future
development. Where there is potential for additional development in the area, the
lot and access shall be developed in a manner which will accommodate future
development. As such, the access to the public street to which the owner must have
clear title, shall be a minimum width of 15 m to accommodate future public use;
(e) where there is no potential for future development, the access to the public street
shall be a minimum of 6 m in width and shall be treated as a private driveway; which
the owner must have clear title.
(f) the dwelling is separated from, and oriented, in a manner that does not adversely
affect the privacy and enjoyment of adjoining properties. Separation distances may
be required by the Council as a condition for development, considering such things
as slope, drainage, tree cover and soil conditions.
(g) the development of the backlot does not affect the legal conformity of the primary
lot that has frontage on to a public street.
Milltown-Head of Bay d'Espoir, Schedule C
Page 8
---
USE ZONE TABLE
ZONE TITLE
MIXED DEVELOPMENT (MD)
PERMITTED USE CLASSES - (see Regulation 89)
Single dwelling, double dwelling, row dwelling, childcare, group child care, boarding house (includes
tourist home, and bed and breakfast), medical treatment and special care (home for the aged only),
agriculture (root crops only), and personal services.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Apartment building, cultural and civic, general assembly, club and lodge, catering, indoor assembly,
office, personal service, general service, communications, taxi stand, take-out food service, shop, office,
convenience store, general and light industry, outdoor market, recreational open space, transportation
(see condition) and antenna.
CONDITIONS FOR MIXED DEVELOPMENT ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
8 metres
(b) Maximum Building Line Setback
32 metres
(c) Minimum sideyards
3 metres
(d) Minimum Rearyard
10 metres
(e) Maximum Height
15 metres
(f) Minimum Floor area
80 m2
(g) Minimum Frontage
30 metres
(h) Minimum Lot Size
1860 m2
NOTE:
Residential development shall conform to the standards of the Residential Land Use Zone.
Milltown-Head of Bay d'Espoir, Schedule C
Page 9
2.
Accessory Buildings for Residential Use
(a)
All accessory buildings shall have a maximum floor area of 70m2.
(b)
An accessory building will not be permitted to project in front of a building line.
(c)
The maximum height shall be 6m with a minimum of lm from any property line and 2m
from the nearest corner of a residential dwelling.
(d)
The accessory building shall be finished in materials similar to the main dwelling on the
property.
(e)
Accessory buildings (private garages only) may be permitted in the sideyard at Council
discretion.
(f)
Accessory buildings are to be used strictly for ancillary purposes to the permitted uses
listed in this use zone. Accessory buildings for residential properties shall not be used for
non-residential uses without permission of Council.
(g)
Aside from minor vehicle maintenance, no person shall use an accessory building for the
purpose of performing major repairs, painting, dismantling, or scrapping of vehicles or
machinery.
3.
Dwelling Frontage
The front wall of a dwelling shall be parallel to the street on which it is fronting and has a civic
number.
4.
Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have two street
frontages and shall be required to maintain the minimum building line setback on both the
primary and flanking streets as prescribed in the use zone table.
5.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council,
provided that they are complementary to permitted uses and will not inhibit or prejudice the
existence or development of permitted uses.
6.
Buffer for Residential Uses
Where a non-residential use abuts a residential use, Council may require a screen or barrier
such as a fence, landscaped embankment, or trees to be erected on the non-residential site
along the lot lines, consistent with the visibility requirements for traffic safety. Alternatively,
Council may increase the sideyard and rearyard requirements on the non-residential site to
provide additional separation from the abutting residential use.
-OF
Milltown-Head of Bay d'Espoir, Schedule C
Page 10
7.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied by a
permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement shall meet
the requirements of Council, having regard to the safety and convenience of users of
adjacent streets and sidewalks, and the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
8.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to, the premises to which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the satisfaction of
Council, having regard to the grade and alignment of streets, the location of street
junctions and nearby buildings, and amenities of the surrounding area.
9.
Home Businesses - Office, Medical and Professional Service, Personal Service, Child Care and
Light Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling consisting of an
occupation or profession which generates revenue for the resident.
Office, medical and professional service, personal service, and light industry uses may be
permitted provided they are carried out as home occupations, businesses operated in the
dwelling, or in a building subsidiary to the dwelling on the same lot, by the occupants of the
dwelling, and meet the following requirements.
(a)
Office uses shall be limited to small business services and professional offices;
(b)
Light Industry uses shall be limited to fabrication for the production of handmade
articles such as clothing, arts and crafts objects, and workshops;
(c)
The use is clearly subsidiary to the residential use, does not alter the residential
character of the dwelling unit, and does not detract from the residential character of the
neighbourhood.
(d)
No wholesale sales or storage of goods is carried out, any retail sales are incidental and
subsidiary to the approved use, no repairs to vehicles or heavy equipment are carried
out.
_
ir
Milltown-Head of Bay d'Espoir, Schedule C
Page 11
(e)
Activities associated with the use are not hazardous and do not cause noticeable noise,
odour, dust, fumes, or inconvenience to occupants of adjoining residences.
(f)
Activities associated with the use shall be carried on inside the dwelling or in a building
separate from the dwelling.
(g)
One building only, separate from the dwelling, may be used in connection with a light
industrial use and service use and shall conform to the Accessory Buildings condition
height and floor area limit for this zone; child care use shall be carried out in the
dwelling unit or be attached to the dwelling unit.
(h)
Except for child care, no more than 30% of the total floor area of the dwelling is devoted
to the use.
(i)
The use shall not generate traffic, parking, sewage or water use in excess of what is
normal in the residential area.
(j)
Activities associated with the use are not hazardous and do not cause a noticeable
increase in noise, odour, dust or fumes, nor cause electrical interference or in any other
way result in a nuisance to the occupants of surrounding residences.
(k)
The residential lot has sufficient area to accommodate the parking requirements of the
dwelling unit and the home occupation.
(I)
No regular parking of commercial vehicles except for one vehicle with a gross weight of
no greater than one tonne will be permitted on the lot or on the road reservation
adjacent to the lot.
10.
Convenience Store
Convenience stores may only be permitted as a discretionary use provided that:
(a)
The convenience store forms part of the residential dwelling and shall not exceed more
than 25% of the total floor area of the building, to a maximum of 45 m2.
(b)
The convenience store must front directly onto a public road.
(c)
The retail use shall be subsidiary to the residential character of the area, and shall not
affect residential amenities of adjoining properties.
(d)
Adequate provision for on site parking, loading, buffering and landscaping.
(e)
A convenience store shall not be located on single access or dead end roads, unless on a
corner lot at the intersection with a main road.
11.
Child Care
A day care or day nursery (i.e.: a child care operation in which services are regularly provided to
seven or more children), is subject to the following conditions:
(a)
The operation is in accordance with all applicable provincial laws and regulations.
(b)
The use will not occupy more than 70m2 or 40% of the floor area, whichever is less.
(c)
Provision for off-street parking will be required as per the off-street parking
requirements of these Regulations.
(d)
The drop-off and pick-up of children will not interfere with the free flow of vehicular
traffic.
(e)
The use is not located adjacent to or near hazardous, dangerous, or incompatible uses.
These include, but are not limited to, heavy industrial uses, service stations, garages,
night clubs, and amusement uses.
Milltown-Head of Bay d'Espoir, Schedule C
Page 12
12.
Boarding House Residential (Tourist Home/Bed and Breakfast)
A tourist home/bed and breakfast use in a dwelling may be permitted as a discretionary use to
provide room and board for tourists or the travelling public, under the following conditions:
.41
(a)
the use does not detract from the residential character of the neighbourhood;
(b)
the use is carried out by a resident/owner of the dwelling unit;
(c)
the dwelling in which the tourist home/bed and breakfast use is carried out is similar in
exterior finish, design, height, and scale to a private residential dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or hedge;
qir
the maximum number of guest rooms shall be five (5), and
(g)
the establishment shall be licensed under the Tourist Establishment Regulations, as
amended from time to time.
10'
13.
Outdoor and Open Storage
11,
(a)
Outdoor storage will not be permitted in frontyards. It may be permitted in sideyards
and rearyards. Council may require fencing or other forms of screening to prevent an
unsightly appearance.
(b)
Open storage of goods or other items shall be limited to that which is normally
associated with the permitted residential use. Machinery or equipment shall not be
permitted to be stored on residential property. Certain discretionary uses such as
building supplies stores, gardening supply business, may require open storage of goods
as part of the operation of the business. Council will ensure that these businesses do
not in any way present a nuisance or disturbance to surrounding property owners.
14.
General and Light Industrial Uses
General industrial uses shall be small scale uses such as small workshops and warehouses, and
autobody repair shops shall be permitted provided that;
(a)
The use shall constitute entirely or partly the livelihood of a person living in the specified
dwelling;
(b)
Activities associated with the use shall be carried on in building separate from the
residential dwelling;
(c)
One building only, separate from the dwelling, and located in the rear or side yard a
minimum of 2 m from any lot line, and having a maximum floor area of 75 m2 and a
height of no more than 6 m, may be used in connection with the general or light
industrial use;
(d)
Activities associated with the use are not hazardous and do not create a nuisance by
reason of noticeable noise, odour, dust or flames, or result in electrical interference;
(e)
Retail sales are incidental and subsidiary to the approved use and there is no outdoor
storage of equipment or materials.
Milltown-Head of Bay d'Espoir, Schedule C
Page 13
(f)
No change is made in the type, class or extent of the use without a permit.
(g)
Adequate on-site parking, loading, buffering and landscaping is provided.
15.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of rivers or streams,
or within 15 metres of the shoreline of ponds, with the exception of conservation structures
such as those designed to control flooding and erosion as well as bridges, pathways, and public
services. Development of marine or water related uses such as wharfs, slipways, boathouse,
etc. may be permitted. All development occurring within these limits is subject to the approval
of Council and the Department of Environment and Conservation.
16.
Transportation - Boat Houses, Wharves and Docks
(a)
Boat Houses - Construction of a building for the storage and maintenance of
recreational boats, may be permitted. An accessory use to a residential use shall
conform to the condition 2 for accessory buildings set out above.
(b)
Wharves and Docks - Where water lot frontages exist, wharves and docks may be
permitted provided that the size and scale of the development does not have a negative
impact on surrounding seasonal residential properties. Approval from the Department
of Environment and Conservation, Service NL and Fisheries and Oceans may be
required.
(c)
Notwithstanding Regulation 32, Part 11 - General Development Regulations and
Condition 2 above, boat houses, wharves and docks, may be built to the lot boundary
line when the lot line corresponds to the water's edge.
17.
Outdoor Market
An outdoor market such as a used car lot may be permitted at the discretion of Council, after
taking into account the size and scale of the development relative to surrounding area. Council
may require to buffering where off-street parking is required.
18.
Agriculture
Agriculture uses shall consist of root crops only and shall be limited to existing uses in this land
use zone.
Milltown-Head of Bay d'Espoir, Schedule C
Page 14
al,
18.
Backlot Development (Residential Use Only)
Where vacant parcels of land exist which have access to a public street and are of sufficient size
ir
for a building lot, but which do not have the required frontage on a publicly maintained street,
they may be considered on a discretionary basis provided the following conditions are met:
III
(a) the maximum setback for front lot line or side lot line (depending on lot orientation)
from a public street shall be a minimum of 32 metres and a maximum of 100 metres
from a public street. The minimum lot area and all other development standards
ilk
shall be the same as for other residential development in this zone;
(b) only single dwellings may be permitted;
Ok
(c) lots must have direct access to, and street line frontage on, a public street;
(d) the development of the lot would not prevent the use of adjoining lands for future
development. Where there is potential for additional development in the area, the
lot and access shall be developed in a manner which will accommodate future
development. As such, the access to the public street to which the owner must have
clear title, shall be a minimum width of 15 m to accommodate future public use;
(e) where there is no potential for future development, the access to the public street
shall be a minimum of 6 m in width and shall be treated as a private driveway; which
the owner must have clear title.
(f) the dwelling is separated from, and oriented, in a manner that does not adversely
affect the privacy and enjoyment of adjoining properties. Separation distances may
be required by the Council as a condition for development, considering such things
as slope, drainage, tree cover and soil conditions.
(g) the development of the backlot does not affect the legal conformity of the primary
lot that has frontage on to a public street.
Milltown-Head of Bay d'Espoir, Schedule C
Page 15
USE ZONE TABLE
ZONE TITLE
F.
COMMERCIAL-INDUSTRIAL (C-I)
PERMITTED USE CLASSES - (see Regulation 89)
Catering, office, medical and professional, personal service, shop, convenience store, passenger
assembly (all use classes), business and personal service (all use classes), general service, commercial
residential, service station, cultural civic and shop, outdoor assembly, mercantile (all use classes), light
industry, general industry, transportation and antenna.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Apartment building, catering (lounges and bars), clubs and lodges, amusement, general assembly, taxi
stand, police station, funeral home, medical treatment, indoor and outdoor market, temporary workers
housing and recreation open space.
CONDITIONS FOR COMMERCIAL-INDUSTRIAL ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
10 metres
(b) Minimum Sideyard Width
5 metres
(c) Minimum Rearyard Depth
15 metres
(d) Maximum Height
15 metres
2.
Discretionary Uses Classes
The discretionary use classes listed in the table may be permitted at the discretion of the
Council provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses.
3.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied by a
permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement shall meet
the requirements of Council, having regard to the safety and convenience of users of
adjacent streets and sidewalks, and the general amenities of the surrounding area.
Milltown-Head of Bay d'Espoir, Schedule C
Page 16
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
4.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to, the premises to which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the satisfaction of
Council, having regard to the grade and alignment of streets, the location of street
junctions and nearby buildings, and amenities of the surrounding area.
5.
General Industry
(a)
General industry is restricted to uses that are non-hazardous, and do not create any
negative impacts on adjoining properties.
(b)
General Industrial uses along coastline shall also allow for development of marine
related industrial uses and transportation uses such as wharfs, slipways, docks, and
breakwaters.
6.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of rivers or streams,
or within 15 metres of the shoreline of ponds, with the exception of conservation structures
such as those designed to control flooding and erosion as well as bridges, pathways, and public
services. Development of marine or water related uses such as wharfs, slipways, boathouse,
etc. may be permitted. All development occurring within these limits is subject to the approval
of Council and the Department of Environment and Conservation.
7.
Light Industry
41,
Light industry is restricted to use that are nonhazardous, and do not create any negative impacts
on adjoining properties.
Milltown-Head of Bay d'Espoir, Schedule C
Page 17
8.
Open Storage
Outdoor storage of materials, goods and machinery shall meet the following conditions, and any
other requirement of the Use Zone in which they are located:
(a)
Where it is not the primary use of land, storage areas shall not be located in the front
yard.
(b)
Where storage areas are not screened from general view by vegetation or topography, a
storage area may be required to be enclosed by an opaque wall or fence not less than 2
metres in height constructed of uniform materials and approved by Council.
(c)
Storage of vehicles or other machinery or equipment, except transport vehicles which
may be parked in the open provided their parking area is landscaped and suitably
located, shall be prohibited in areas where there is no screening or fencing.
(d)
Buffer areas shall not be used as storage areas.
9.
Effects on Surrounding Areas
Any development in this use zone shall be generally acceptable within the context of
surrounding development and so shall not create unacceptable amounts of noise, traffic, fumes,
dust or other pollution or otherwise present a nuisance, hazard or eyesore, especially with
respect to existing or potential residential development.
10.
Convenience Stores and Shops
(a)
A convenience store or shop in any Commercial-Industrial zone shall front directly onto
a publicly maintained road.
(b)
Convenience stores shall not negatively affect residential amenities of adjoining
properties. Outside storage shall be prohibited, except for that incidental and related to
the residential use.
(c)
Landscaping and adequate off street parking with clearly defined entrance and exit
points shall be provided.
(e)
Convenience stores shall not be located on single access or dead end roads, unless on a
corner lot at the intersection with a main road.
11.
Service Stations and Garages
Service stations and garages shall conform to the following:
(a)
All gasoline pumps shall be located on pump islands designed for such purposes, and to
which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Any access 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 centre line of any access shall be at least 30
metres from the centre line of the junction.
(d)
Surface run-off shall be directed to an oil/water separator before discharging into any
storm sewer or any other surface or sub-surface drainage system
Milltown-Head of Bay d'Espoir, Schedule C
Page 18
12.
Landscaping and Surfacing
Buildings lots shall be landscaped. No debris or material left over from site preparation may be
allowed to remain in general public view. The surface of the entire building lot must be finished
with a stable surface (grass, pavement, gravel) to ensure dusty or muddy surface conditions will
not arise.
13.
Storage of Flammable Liquids
All uses and structures for the bulk storage of flammable liquids shall conform to the
requirements of the Provincial Fire Commissioner and shall be surrounded by such buffers and
landscaping may be required by Council to prevent damage to adjacent uses by fire, explosion,
or spills of flammable liquid.
14.
Residential Buffer
In the case of a residential development locating adjacent to an existing or proposed non-
residential use or zone, Council may require the developer of the residential use to provide a
buffer. Any such buffer shall be made up of hedges, trees, shrubs, earthen berms or structural
barriers that will sufficiently mitigate noise, visual unpleasantness and other undesirable effects.
Trees and shrubs existing on the site prior to development which could form all or part of a
buffer shall not be removed.
15.
Temporary Worker's Housing
Temporary Worker's Residence shall be at the discretion of Council, and shall be limited to
development of new residential units and the site or building(s) reclaimed to its original
condition at the end of the temporary period as approved by Council. The developer shall be
required to enter into a legal agreement with Council and to provide financial guarantees with
respect to terms relating to temporary occupancy and reinstatement of land or buildings upon
expiration of approved temporary occupancy.
ZONE TITLE
PUBLIC BUILDING (PB)
PERMITTED USE CLASSES - (see Regulation 89)
Educational, general assembly, place of worship, child care, cultural and civic, medical care and special
treatment, recreation open space.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Office, indoor assembly, outdoor assembly, shop, catering, antenna, and home for the aged, and club
and lodge.
Milltown-Head of Bay d'Espoir, Schedule C
Page 19
USE ZONE TABLE
CONDITIONS FOR PUBLIC BUILDINGS ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
a) Minimum Building Line Setback
10 metres
b) Minimum Sideyards
5 metres
c) Minimum Rearyard
15 metres
d) Maximum Height
15 metres
2.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are complementary to permitted uses and will not inhibit or prejudice the
existence or development of permitted uses.
3.
Offices
Government offices, banks, and other offices of a public nature shall be permitted in this zone.
Commercial offices or offices associated with a business operation shall not be permitted.
+II
Milltown-Head of Bay d'Espoir, Schedule C
Page 20
IV
4.
Shop and Catering Uses
IV
(a)
A shop may be permitted where it is associated with a public assembly use relating to
the selling or renting of items related to a public assembly use and taking place on-site
i
(b)
Catering may be permitted in associations with a permitted use such as church
functions, weddings, parties, etc. Catering use will only be permitted as a temporary
-
use by Council.
III
i
5.
Advertisements Relating to Onsite Uses
II
AI
The conditions for the erection or display of an advertisement on any lot or site occupied by a
permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement shall meet
the requirements of Council, having regard to the safety and convenience of users of
.0.
adjacent streets and sidewalks, and the general amenities of the surrounding area.
.0
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
-
be allowed in the residential area.
6.
Advertisements Relating to Offsite Uses
VI
The conditions for the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
-
(b)
When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to, the premises to which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the satisfaction of
Council, having regard to the grade and alignment of streets, the location of street
junctions and nearby buildings, and amenities of the surrounding area.
Milltown-Head of Bay d'Espoir, Schedule C
Page 21
USE ZONE TABLE
ZONE TITLE
RECREATION OPEN SPACE (ROS)
PERMITTED USE CLASSES - (see Regulation 89)
Recreational open space, indoor assembly, outdoor assembly and conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Cultural and civic, catering (take-out food service), transportation and antenna.
CONDITIONS FOR OPEN SPACE RECREATION ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in the table may be permitted at the discretion of the
Council provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses.
2.
Take-Out Food Service
A take-out food service use may be permitted considered on a discretionary basis provided it
serves recreational activities only.
3.
Accessory Buildings
Accessory buildings may be permitted at the discretion of the Council provided that they are
complementary to uses within the permitted use classes.
4.
Effects on Surrounding Areas
Any development must be generally acceptable within the context of surrounding development
so as not create unacceptable amounts of noise, traffic, fumes, dust or other pollution or
otherwise present a nuisance, hazard or eyesore, especially with respect to existing or potential
residential development.
Milltown-Head of Bay d'Espoir, Schedule C
Page 22
5.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of rivers or streams,
or within 15 metres of the shoreline of ponds, with the exception of conservation structures
such as those designed to control flooding and erosion as well as bridges, pathways, and public
services. Development of marine or water related uses such as wharfs, slipways, boathouse,
etc. may be permitted. All development occurring within these limits is subject to the approval
of Council and the Department of Environment and Conservation.
Milltown-Head of Bay d'Espoir, Schedule C
Page 23
USE ZONE TABLE
ZONE TITLE
CONSERVATION (CON)
PERMITTED USE CLASSES - (see Regulation 89)
Conservation, recreation open space and cemetery.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Agriculture, forestry, transportation (sheds and wharves along the coastline), and antenna.
CONDITIONS FOR CONSERVATION ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in the table may be permitted at the discretion of the
Council provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses.
2.
Agricultural Use
Traditional small scale hobby and subsistence agricultural uses may be permitted such as
vegetable gardens. Areas of steep slope where soil erosion may occur shall not be developed
for agriculture uses, unless a soil erosion program can be developed and implemented.
3.
Cemetery
Cemeteries which are located separately from a church shall be permitted in the Conservation
zone.
4.
Accessory Building
An accessory building may be permitted in association with a cemetery and shall have a
maximum floor area of 20 m2. Accessory buildings shall be located a minimum of 3 metres from
the nearest part of the main building and a minimum of 1 metre from a side and rear lot line and
a maximum height of an accessory building shall be 4 metres.
Milltown-Head of Bay d'Espoir, Schedule C
Page 24
S.
Sheds and Wharves
Sheds and Wharves maybe developed along the coastline at the discretion of the Council
provided they are marine related and small scale in nature.
6.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of rivers or streams,
or within 15 metres of the shoreline of ponds, with the exception of conservation structures
such as those designed to control flooding and erosion as well as bridges, pathways, and public
services. Development of marine or water related uses such as wharfs, slipways, boathouse,
etc. may be permitted. All development occurring within these limits is subject to the approval
of Council and the Department of Environment and Conservation.
7.
Forestry
In domestic cutting areas identified by the Department of Natural Resources, the harvesting of
firewood by individuals in possession of a domestic cutting permit may be permitted in the
Conservation zone.
Milltown-Head of Bay d'Espoir, Schedule C
Page 25
USE ZONE TABLE
ZONE TITLE
WATERSHED (WAT)
PERMITTED USE CLASSES - (see Regulation 89)
Conservation and recreational open space.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Forestry, mineral working and antenna.
CONDITIONS FOR WATERSHED ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in the table may be permitted at the discretion of the
Council provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses.
2.
Recreation
Only passive recreational activities such as hiking and skiing shall be permitted in the watershed
area.
3.
Forestry
Selective forest harvesting may be permitted within Watershed areas, subject to approval of the
Water Resources Management Division, Department of Environment and Conservation.
4.
Mineral Working
Mineral workings may be permitted and shall be limited to mineral exploration. Any exploration
activities must be approved by the Water Resources Management Division, Department of
Environment and Conservation, and Mineral Lands Division, Department of Natural Resources,
as well as Council.
11,
Milltown-Head of Bay d'Espoir, Schedule C
Page 26
USE ZONE TABLE
ZONE TITLE
RURAL (RUR)
PERMITTED USE CLASSES - (see Regulation 89)
Agriculture, forestry, recreational open space, and conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Single dwelling, veterinary, outdoor market, outdoor assembly, office general industry, light industry,
mineral working, mineral exploration, cemetery, animal, utilities, transportation and antenna.
CONDITIONS FOR RURAL ZONE
1.
2.
01,
40"
3.
+01
Discretionary Use Classes
The discretionary use classes listed in the table may be permitted at the discretion of the
Council provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses.
Development Standards
The development standards for uses in this zone shall be determined case-by-case and shall
conform to the standards for the same uses in other zones.
Single Dwellings
Single residential dwellings may be permitted in conjunction with a permitted use such as
agriculture. The agricultural uses shall be a commercial business and the full time farmer shall
obtain a minimum of 50 % of his or her gross income from the farm operation. The commercial
operation shall be in operation for a minimum of two years before Council will approve any
residential development.
4.
General Industry
General Industrial uses and associated accessory uses may be permitted by Council provided
that:
Milltown-Head of Bay d'Espoir, Schedule C
Page 27
(a)
The use is restricted to maintenance and repair of equipment, processing and storage
related to agriculture or forestry uses,
(b)
The proposed use will not have an adverse visual impact on the built-up areas of the
Town and Council may require that the site be screened or not visible from public roads
and the built-up area,
(c)
The proposed use will not generate an increase in traffic on roads in the built-up areas
of the Town,
(d)
The proposed site can be developed without negative impact on the natural
environment and amenities of the Town, including watercourses and ponds.
5.
Residential Buffer
Where any proposed non-residential use is to abut an existing or proposed residential use or a
Residential zone, the proponent of the non-residential development may be required to provide
a buffer. Conversely, in the case of a residential development locating adjacent to an existing or
proposed non-residential use or zone, Council may require the developer of the residential use
to provide a buffer. Any such buffer shall be made up of hedges, trees, shrubs, earthen berms
or structural barriers that will sufficiently mitigate noise, visual unpleasantness and other
undesirable effects. Trees and shrubs existing on the site prior to development which could
form all or part of a buffer shall not be removed.
Before approving any non-residential development near existing or proposed residential
development or Residential zones, Council must be satisfied that the proposed non-residential
development;
(a)
shall not give rise to excessive noise or other forms or pollution,
(b)
shall not generate vehicle traffic which is above the level acceptable to adjacent
residential amenities,
(c)
shall not cause unacceptable nuisance or hazard to adjacent residential uses, and
(d)
shall, in general, be considered acceptable to the amenity of residential uses.
6.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of rivers or streams,
or within 15 metres of the shoreline of ponds, with the exception of conservation structures
such as those designed to control flooding and erosion as well as bridges, pathways, and public
services. Development of marine or water related uses such as wharfs, slipways, boathouse,
etc. may be permitted. All development occurring within these limits is subject to the approval
of Council and the Department of Environment and Conservation.
Milltown-Head of Bay d'Espoir, Schedule C
Page 28
7.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied by a
permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement shall meet
the requirements of Council, having regard to the safety and convenience of users of
adjacent streets and sidewalks, and the general amenities of the surrounding area.
(b)
No advertisement shall exceed 5 m2 in area.
8.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
(a)
No advertisement shall exceed 3 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to, the premises to which they relate.
(c)
The location, siting and illumination of each advertisement shall be to the satisfaction of
Council, having regard to the grade and alignment of streets, the location of street
junctions and nearby buildings, and the amenities of the surrounding area.
9.
Mineral Working
Council may permit mineral working subject to the following conditions:
(a)
Effective tree screens shall be maintained around the periphery of any mineral working.
Where trees are not present to create an effective screen, Council may require the
installation of a landscaped embankment or fence.
(b)
Topsoil removed for mineral working shall be retained for restoration of the site.
(c)
No mineral working shall be conducted which causes danger or nuisance to the public.
(d)
No mineral working shall be permitted within the view of a designated scenic road.
(e)
Proposed mineral working operations will be evaluated carefully by Council in
conjunction with the Department of Natural Resources.
No mineral working shall unacceptably reduce the quality of water in a watercourse or
waterbody. Any access road which crosses a watercourse shall have a bridge or culvert
according to the regulations of the Department of Environment and Conservation.
(g)
No mineral working shall result in the excavation of land below the level of the water
table nor cause the ponding of water. However, settling ponds may be permitted with
the approval of the Department of Environment and Conservation.
mor
Milltown-Head of Bay d'Espoir, Schedule C
Page 29
(h)
No mineral working shall be carried out in a manner which causes the erosion of
adjacent land.
(i)
The mineral working shall be kept clean of refuse, abandoned vehicles and equipment,
and derelict buildings.
(j)
Upon completion of mineral working, and when there is no intention to re-open such
operations, all buildings and machinery shall be removed from the site and the site
restored so as not to constitute a danger to the public or present an unsightly
appearance.
9.1.
Separation from Adjacent Uses
Unless the Authority is satisfied that the working will not create a nuisance and will not
adversely affect the amenity of the specified development or natural feature, no mineral
working shall be located closer than the minimum distances set out below to the specified
development or natural feature:
Minimum Distance of
Pit and Quarry Workings
From:
Existing or proposed Residential Development
- where no blasting is involved
300 metres
- where blasting is involved
1000 metres
Any other developed area or area likely
150 metres
to be developed during the life
of the pit or quarry working.
Public highway or street
50 metres
Protected Road
90 metres
Waterbody or watercourse
50 metres
Milltown-Head of Bay d'Espoir, Schedule C
Page 30
9.2.
Screening
A mineral working shall be screened in the following manner where it is visible from a public
street or highway, developed area, or area likely to be developed during the life of the use:
(a)
Where tree screens exist between the mineral working and adjacent public highways
and streets or other land uses (excepting forestry and agriculture), the tree screens
shall be retained in a 30-metre wide strip of vegetation so that visibility of any part of
the use from the surrounding uses or streets will be prevented. The tree screens must
be maintained by the owner or occupier of the use to retain 30 metres in a forested
appearance. Where vegetation dies or is removed from the 30-metre strip, the
Authority may require new trees of a minimum height of 1 metre be planted to fill in
the areas affected to the satisfaction of the Authority or, at the discretion of the
Authority, condition 4(b) must be undertaken.
(b)
Where no tree screens exist of sufficient width and density to constitute a visual
screen, earthen berms shall be constructed to a height sufficient to prevent visibility of
any part of the mineral working from adjacent uses (excepting forestry and
agriculture), or adjacent public highways and streets. The berms shall be landscaped
to the Authority's satisfaction.
(c)
Where natural topography creates a visual screen between mineral workings and
adjacent public highways and streets or other land uses (excepting forestry and
agriculture), additional screening may not be required.
(d)
Where effective screening for any mineral working or associated processing or
manufacturing use cannot be installed or located as required in (a) - (c) above, the
Authority may refuse to permit the use or associated activity.
9.3.
Fencing
The Authority may require the mineral working site or excavated areas of a pit or quarry
working to be enclosed by a fence designed and constructed to its specifications and no less
than 1.8 metres in height.
9.4.
Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably reduce the
quality of water in any waterbody or watercourse. Any access road to a pit or quarry working
which crosses a brook or stream shall be bridged or culverted at the crossing in accordance
with the Regulations of the Department of Environment and Conservation.
Milltown-Head of Bay d'Espoir, Schedule C
Page 31
9.5.
Water Ponding
No mineral working or associated storm or sanitary drainage shall unacceptably reduce the
quality of water in any waterbody or watercourse. Any access road to a pit or quarry working
which crosses a brook or stream shall be bridged or culverted at the crossing in accordance
with the Regulations of the Department of Environment and Conservation.
9.6.
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of adjacent land.
9.7.
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned
equipment and any derelict buildings.
9.8.
Access Roads
During extended periods of shutdown, access roads to a mineral working shall be ditched or
barred to the satisfaction of the Authority.
9.9.
Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron stained layer,
shall be stripped and stockpiled at least 5 metres from active quarry or stockpile areas. The
owner or operator shall ensure that the quality of the topsoil is not affected by dilution with
other materials.
Termination and Site Rehabilitation
9.10.
Upon completion of the mineral working, the following work shall be carried out by the
operation:
(a)
All buildings, machinery and equipment shall be removed.
(b)
All pit and quarry slopes shall be graded to slopes less than 20° or to the slope
conforming to that existing prior to the mineral working.
(c)
Topsoil and any organic materials shall be re-spread over the entire quarried area.
(d)
The access road to the working shall be ditched or barred to the satisfaction of the
Authority.
'fa
'qv
Milltown-Head of Bay d'Espoir, Schedule C
Page 32
9.11.
If the mineral working contains reserves of material sufficient to support further extraction
operations, the Authority may require the work described above to be carried out only in
areas of the site where extraction has depleted aggregate reserves.
w
9.12. Short-term Mineral Workings
ler
The following conditions shall apply to a Mineral Working which is subject to a Department of
Mines and Energy Quarry Permit or which is proposed for a duration of less than five years.
The Authority may require an applicant for a development permit under this condition to meet
the stipulations set out in condition 18 below, if the Authority determines that the size of the
parcel or of the proposed mineral working, or the size of the aggregate resource in the
surrounding area is sufficiently large or the duration is sufficiently long to warrant the
application of condition 18.
(a)
An application for a development permit for the proposed Mineral Working use shall
be accompanied by a detailed sketch or sketches satisfactory to the Authority which
shall show the location of physical site features and extraction and processing features
required by the Authority, including but not limited to:
(I)
the general area of the location of the mineral working;
(ii)
boundaries of the parcel to be mined (ie. land covered by the development
application);
(iii)
extent of the site area to be mined;
(iv)
roads, parking and loading areas and entrance and exit to the site;
(v)
waterbodies within the boundaries;
(vi)
waterbodies within 250 metre radius of the boundary;
(vii)
channels or ponds to be removed, shifted and created; and
(viii)
the location of any building or structure and equipment which will be located
on the site.
(b)
Upon completion of the mineral working operations on the site, the developer shall
meet the conditions set out above and any other condition(s) stated in the
development permit that the Authority deems necessary for restoration of the site.
(c)
A temporary development permit may be issued for a maximum of one year and may
not be renewed after five consecutive years. Upon expiry of the development permit
the Authority shall inspect the site to confirm compliance with the development
permit and development regulations.
9.13. Long-term Mineral Workings
The following conditions shall apply to a Mineral Working subject to a Department of Mines
and Energy Quarry Lease or of a duration of 5 years or greater.
Milltown-Head of Bay d'Espoir, Schedule C
Page 33
(a)
An application for a development permit shall include a Mineral Working
Development Plan satisfactory to the Authority for the proposed Mineral Working use,
which shall include a site plan showing the location of physical site features and
extraction and processing features required by the Authority including but not limited
to.
(I)
boundaries of the parcel to be mined;
(ii)
extent of site area(s) to be mined;
(iii)
buildings and structures on the site;
(iv)
roads, parking and loading areas and entrance and exit to the site;
(v)
fences, berms and landscaping provided for screening;
(vi)
waterbodies and channels to be removed, shifted and created;
(vii)
location and expected maximum height of stockpiles of mined ores, sand and
gravel;
viii)
location of major machinery and conveyors for receiving and processing raw
ores including machinery for sifting, washing and grading ores, and the
manufacturing of concrete and stone products;
(ix)
the probable location of storage piles of topsoil and overburden removed
from earlier phases of mined areas and temporarily being stored for
replacement under the Reclamation plan; and
(x)
intended phases of mining operations to be carried out over all portions of the
site.
(b)
An application for a development permit shall include a Mineral Working Reclamation
Plan satisfactory to the Authority for the proposed mineral working use which shall
explain, illustrate and show to the satisfaction of the Authority a plan for restoration
of the site which includes final ground contours, slopes, depth of topsoil, and
vegetation and a phasing plan if necessary in the form of a grading and landscape plan
or plans.
9.14. Financial Guarantee
(a)
The developer shall provide a financial guarantee in the form of a performance bond
or unconditional and irrevocable letter of credit or other form acceptable to the
Authority.
(b)
The financial guarantee shall be the greater of (a) $5,000 per hectare, prorated on the
basis of area to a minimum of $500, or (b) an amount to cover the costs of restoring or
landscaping the site after the quarry operations have ended or the site is abandoned
by the applicant.
(c)
The financial guarantee shall be returned when the Reclamation Plan has been carried
out or the development terminated and any conditions attached to the development
permit have been met to the satisfaction of the Authority."
Milltown-Head of Bay d'Espoir, Schedule C
Page 34
9.15. Permit Fee
The development permit fee for a Mineral Working use shall be determined by the Authority
in an amount sufficient to cover the review of the Development and Reclamation Plans or the
III
detailed sketch as required above, and determination of the amount of the financial guarantee
described in section 19 above by a professional engineer, ongoing inspection of the site for
conformity with the named Plans or sketches and with the conditions of the development
permit, and inspection of the site to determine acceptable reclamation for purposes of return
or cancellation of the financial guarantee.
TOWN OF MILLTOWN HEAD
of BAY D'ESPOIR
SCHEDULE "D"
2017-2027
PLAN-TECH
ENVIRONMENT
Milltown-Head of Bay d'Espoir Schedule D
Page 1
OFF-STREET PARKING REQUIREMENTS
CLASS - ASSEMBLY USES
(a) Theatre
Two spaces for every 5 seats
(b) Cultural and Civic
One space for every 50m2 of gross floor area
(c) Educational
K - 12 - 3 spaces for every classroom.
Other facilities - 1 space for every 5 persons using the facilities (students,
faculty and staff)
(d) Place of Worship
Two spaces for every 5 seats
(e) Passenger Assembly
As specified by the Council
(f) Private Club
One space for every 3 persons that may be accommodated at one time
(g) Catering
One space for every 3 persons that may be accommodated at one time
(h) Lounges and Bars
One space for every 3 persons that may be accommodated at one time
(i) Funeral Home
One space for every 10m2 of gross floor area
(j) Child Care
One space for every 20m2 of gross floor area
(k) Amusement
One space for every 10m2 of gross floor area
(I) Indoor Assembly
One space for every 10 persons that may be accommodated at one time
(m) Outdoor Assembly
As specified by the Council
CLASS - INSTITUTIONAL USES
(a) Detention Centre
As specified by the Council.
(b) Medical Treatment and Special Care
One space for every 20m2 of gross floor area
(c) Special Care
One space for every bed
(d) Collective Residential
As specified by the Council
Off-Street Parking Requirements
Milltown-Head of Bay d'Espoir Schedule D
Page 2
CLASS - RESIDENTIAL USES
(a) Single Dwelling
Two spaces for every dwelling unit
(b) Double Dwelling
Two spaces for every dwelling unit
(c) Row Dwelling
Two spaces for every dwelling unit
(d) Apartment Building
Three spaces for every 2-dwelling units
(e) Subsidiary Apartment
Two spaces for every apartment unit
(f) Hospitality Home
As specified by the Council
(g) Boarding House Residential
One space for every residential unit
(h) Mobile Home
Two spaces for every residential unit
CLASS - BUSINESS AND PERSONAL SREVICES
(a) Office
One space for every 20m2 of gross floor area
(b) Professional Service
One space for every 20m2 of gross floor area
(c) Personal Service
One space for every 20m2 of gross floor area
(d) General Service
One space for every 20m2 of gross floor area
(e) Communications
As specified by the Council
(f) Home Occupation
Minimum of 1 space per non-resident employee
CLASS - COMMERCIAL USES
(a) Shopping Centre
One space for every 20m2 of gross floor area
(b) Shop
Min. of 2 spaces plus one space for every 20m2 of gross floor area
(c) Convenience Store
Min. of 2 spaces plus one space for every 20m2 of gross floor area
(d) Take-Out Food
Min. of 2 spaces plus one space for every 15m2 of gross floor area
(e) Vending Stand
Minimum of 2 spaces plus additional as specified by the Council
(f) Indoor Market
As specified by the Council
(g) Outdoor Market
As specified by the Council
(h) Service Station
One space for every 20m2 of gross floor area
(i) Commercial Residential
One space for every rental room
Off-Street Parking Requirements
Milltown-Head of Bay d'Espoir Schedule D
Page 3
CLASS - INDUSTRIAL USES
(a) Hazardous Industry
One space for every employee, plus 3
(b) General Industry
One space for every employee, plus 3
(c) Light Industry
One space for every employee, plus 3
CLASS - NON-BUILDING USES
(a) Outdoor Recreation
As specified by the Council
(b) Conservation
As specified by the Council
(c) Cemetery
As specified by the Council
(d) Scrap Yard
As specified by the Council
(e) Animal
Min. of 2 spaces plus one space for every 20m2 of gross floor area
(f) Transportation
As specified by the Council
Typical Parking Space Standards:
Minimum 2.75x 5.8
Minimum size 16 m2 (General Regulations Article 51)
-
Must be graded and surfaced with concrete, asphalt, or other hard dustless surface material as approved
by Council
-
Parking Space surface shall not conceal or alter municipal infrastructure
-
Retaining walls shall taper down flush with the sidewalk or curb
-
Parking Spaces shall not adversely affect adjacent properties.
Off-Street Parking Requirements
TOWN OF MILLTOWN HEAD
of BAY D'ESPOIR
SCHEDULE "E"
2017-2027
PLAN-TECH
ENVIRONMENT