Mount Moriah Development Regulations 2017-2027
Mount Moriah, Newfoundland and Labrador
· adopted 2018-06-20
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Town of Mount Moriah Development Regulations for 2017-2027
AS APPROVED BY COUNCIL ON 20 JUNE 2018
TOWN OF MOUNT MORIAH
DEVELOPMENT REGULATIONS
(LAND USE ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS)
FOR
2017 - 2027
AS APPROVED BY COUNCIL ON 20 JUNE 2018
Town of Mount Moriah Development Regulations for 2017-2027
AS APPROVED BY COUNCIL ON 20 JUNE 2018
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Town of Mount Moriah Development Regulations for 2017-2027
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Page
TABLE OF CONTENTS
1
COUNCIL RESOLUTIONS TO ADOPT AND APPROVE, CERTIFICATES
7 & 9
SECTION A
11
NEWFOUNDLAND REGULATION 3/01,
MADE BY MINISTER OF MUNICIPAL
AND PROVINCIAL AFFAIRS, 2 JANUARY, 2001
SECTION B
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT
REGULATIONS
APPLICATION
1. Short Title
21
2. Interpretation
21
3. Commencement
21
4. Municipal Code and Regulations
21
5. Authority
21
PART I - GENERAL REGULATIONS
6. Compliance With Regulations
22
7. Permit Required
22
8. Permit to be Issued
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9. Permit Not to be Issued in Certain Cases
23
10. Discretionary Powers of Authority
24
11. Variances
24
12. Notice of Variance
25
13. Service Levy
25
11
14. Financial Guarantees by Developer
25
15. Dedication of Land for Public Use
26
16. Reinstatement of Land
26
17. Form of Application
26
18. Register of Application
27
19. Deferment of Application
27
20. Approval in Principle
27
21. Development Permit
27
22. Reasons for Refusing Permit
28
23. Notice of Right to Appeal
29
24. Appeal Requirements
29
25. Appeal Registration
29
26. Development Prohibited
30
27. Appeal Board
30
28. Appeals
30
29. Hearing Notice and Meetings
32
30. Hearing of Evidence
32
31. Return of Appeal Fee
33
32. Notice of Application
33
33. Right of Entry
33
34. Record of Violations
33
2
11
1
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35. Stop Work Order and Prosecution
33
36 Delegation of Powers
34
PART II - GENERAL DEVELOPMENT STANDARDS
37. Accesses and Service Streets
35
38. Accessory Buildings and Uses
35
39. Advertisements
36
40. Buffer Strips for Industrial Uses and Public Trails 36
41. Building Height
36
42. Building Line and Setback
36
43. Family and Group Care Centres
36
44. Height Exceptions
37
45. Livestock Structures and Uses
37
46. Archaeological Resources
37
47. Lot Area and Size Exceptions
37
48. Lot Frontage
38
49. Non-Conforming Use
38
50. Offensive and Dangerous Uses
39
51. Hazards to Building
39
52. Off-Street Parking and Loading Requirements
40
53. Parks and Playgrounds,and Conservation Uses
41
54. Screening and Landscaping
42
55. Services and Public Utilities
42
56. Service Stations
42
57. Side Yards
42
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58. Removal of Quarry Materials
44
59. Subsidiary Apartments
44
60. Unsubdivided Land
44
61. Zero Lot Line and Other Comprehensive Development; Flag Lot
Requirements
44
PART III - ADVERTISEMENTS
62. Permit Required
46
63. Form of Application
46
64. Advertisements Relating to Offsite Uses or Non-specific Uses 46
65. Permit Valid for Limited Period
46
66. Removal of Advertisements
46
67. Advertisements Exempt from Control
47
68. Approval Subject to Conditions
47
69. Non-Conforming Uses
48
PART IV - SUBDIVISION OF LAND
70. Permit Required
49
71. Services to be Provided
49
72. Payment of Service Levies and Other Charges
49
73. Issue of Permit Subject to Considerations
49
74. Building Permits Required
50
75. Form of Application
50
76. Subdivision Subject to Zoning
50
77. Building Lines
50
11
78. Land for Public Open Space
50
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79. Structure in Street Reservation
51
80. Subdivision Design Standards
52
81. Engineer to Design Works and Certify Construction Layout 54
82. Developer to Pay Engineer's Fees and Charges
54
83. Street Works May Be Deferred
54
84. Transfer of Streets and Utilities to Authority 55
85. Restriction on Sale of Lots
55
86. Grouping of Buildings and Landscaping
55
PART V - USE ZONES
87. Use Zones
56
88. Use Groups, Divisions and Classes
56
89. Permitted Uses
56
90. Discretionary Uses
56
91. Uses Not Permitted
57
SCHEDULES
SCHEDULE A: Definitions
58
SCHEDULE
B:
Classification of Uses of Land and Buildings
71
SCHEDULE
C:
Use Zone Tables
77
SCHEDULE
D:
Off-Street Parking Requirements
89
SCHEDULE
E:
Land Use Zoning Map 1
.
last page
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Mayor:
Clerk: CostoN ,Q(\v:\s\cA
(MCIP Seal)
Jens Jens
.Eng.,MCIP
Date: aff
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Town of Mount Moriah Development Regulations for 2017-2027
AS APPROVED BY COUNCIL ON 20 JUNE 2018
COUNCIL RESOLUTION TO ADOPT; CLERK'S AND MCIP CERTIFICATES
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council
of Mount Moriah adopts the Development Regulations for 2017 to 2027.
Resolved by the Town Council of Mount Moriah on the 18th day of April, 2018
Signed and sealed this \ % day of J y
, 2018
(Council Seal)
Clerk's Certificate:
Certified that the attached Development Regulations is a correct copy of the Development
Regulations for 2017 to 2027, adopted by the Council of the Town of Mount Moriah on the 18th
day of April, 2018
Clerk C....03\52A
Canadian Institute of Planners Certification
I certify that the attached Development Regulations document has been prepared in accordance
with the requirements of the Urban and Rural Planning Act, 2000.
Member of the Canadian Institute of Planners
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Town of Mount Moriah Development Regulations for 2017-2027
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Development Regulations/. mendnient
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Town of Mount Moriah Development Regulations for 2017-2027
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COUNCIL RESOLUTION TO APPROVE; CLERK'S CERTIFICATE
[resolution of Council to approve the Development Regulations, following completion of the requirements of
Sections 18 to 22 inclusive of the Urban and Rural Planning Act, 2000]
Under the authority of Sections 16, 17, 18 and 23 of the Urban and Rural Planning Act 2000, the
Town Council of Mount Moriah approves the Development Regulations for 2017 to 2027, as
released by the Department of Municipal Affairs and Environment other than to revise matters
concerning the T'Railway as recommended by the commissioner.
Resolved by the Town Council of Mount Moriah on the 20th day of June, 2018.
Signed and sealed this
day of
, 2018.
(Council Seal)
Clerk's Certificate:
Certified that the attached Development Regulations is a correct copy of the Development
Regulations for 2017 to 2027, approved by the Council of the Town of Mount Moriah,
on the 20th day of June, 2018.
Town of Mount Moriah Development Regulations for 2017-2027
AS APPROVED BY COUNCIL ON 20 JUNE 2018
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Town of Mount Moriah Development Regulations for 2017-2027
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SECTION A
NEWFOUNDLAND REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the following
regulations.
Dated at St. John's, January 2, 2001.
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
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7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
Short title
1. These regulations may be cited as the Minister 's Development Regulations.
Definitions
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000;
(b) "applicant" means a person who has applied to an authority for an approval or permit
to carry out a development;
(c) "authority" means a council, authorized administrator or regional authority; and
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(d) "development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
Application
3. (1) These regulations shall be included in the development regulations of an authority
and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations or
other regulations of an authority, these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
Interpretation
4. (1) In development regulations and other regulations made with respect to a planning
area the following terms shall have the meanings indicated in this section
(a) "access" means a way used or intended to be used by vehicles, pedestrians or animals
in order to go from a street to adjacent or nearby land or to go from that land to the street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennas,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
(c) "accessory use" means a use that is subsidiary to a permitted or discretionary use and
that is customarily expected to occur with the permitted or discretionary use;
(d) "building height" means the vertical distance, measured in metres from the established
grade to the
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(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;
(1) "lot coverage" means the combined area of all building on a lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total area
of the lot;
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(m) "non-conforming use" means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the legal right
to use the land under consideration;
(o) "permitted use" means a use that is listed within the permitted use classes set out in the
use zone tables of an authority's development regulations;
(p) "prohibited use" means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority specifies as not permitted
within a use zone;
(q) "sign" means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as
a memorial, advertisements of local government, utilities and boarding or similar structures
used for the display of advertisements;
(r) "rear yard depth" means the distance between the rear lot line and the rear wall of the
main building on a lot;
(s) "side yard depth" means the distance between the side lot line and the nearest side wall
of a building on the lot;
(t) "street" means a street, road, highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency vehicles;
(u) "street line" means the edge of a street reservation as defined by the authority having
jurisdiction;
(v) "use" means a building or activity situated on a lot or a development permitted on a lot;
(w) "use zone" or "zone" means an area of land including buildings and water designated
on the zoning map to which the uses, standards and conditions of a particular use zone table
apply;
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(x) "variance" means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use Zone
Table of the authority's regulations; and
(y) "zoning map" means the map or maps attached to and forming a part of the authority"s
regulations.
(2) An authority may, in its discretion, determine the uses that may or may not be developed in a
use zone and those uses shall be listed in the authority's regulations as discretionary, permitted or
prohibited uses for that area.
Notice of right to appeal
5. Where an authority makes a decision that may be appealed under section 42 of the Act, that
authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6. (1) The secretary of the board at the Department of Municipal and Provincial Affairs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. John"s, Nfld., A 1 B 4J6 is the
secretary to all boards in the province and an appeal filed with that secretary within the time period
referred to in subsection 42(4) of the Act shall be considered to have been filed with the appropriate
board.
(2) Notwithstanding subsection (1), where the City of Corner Brook, City of Mount Pearl or City
of St. John"s appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed
with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the board that hears the decision
being appealed by filing it with the secretary referred to in subsection (1) or (2) within the 14 days
referred to in subsection 42(4) of the Act.
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(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.
Appeal registration
7. (1) Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 6(1) and (2), shall immediately register the
appeal.
(2) Where an appeal has been registered the secretary of the board shall notify the appropriate
authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
(3) Where an authority has been notified of an appeal that authority shall forward to the appropriate
board a copy of the application being appealed, all correspondence, council minutes, plans and
other relevant information relating to the appeal including the names and addresses of the applicant
and other interested persons of whom the authority has knowledge.
(4) Upon receipt of the information under subsection (3), the secretary of the board shall publish
in a newspaper circulated in the area of the appropriate authority, a notice that the appeal has been
registered.
(5) A notice published under subsection (4) shall be published not fewer than 2 weeks before the
date upon which the appeal is to be heard by the board.
Development prohibited
8. (1) Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order under
section 102 of the Act, an authority shall not carry out work related to the matter being appealed.
Hearing notice and meetings
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9. (1) A board shall notify the appellant, applicant, authority and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date
scheduled for the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its work in an expeditious manner.
Hearing of evidence
10. (1) A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9(1) or their representative may appear before the board
and make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these regulations.
(3) A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing
of a property shall be considered to have been provided in the same manner as evidence directly
provided at the hearing of the board.
(4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
Board decision
11. A decision of the board must comply with the plan, scheme or development regulations that
apply to the matter that has been appealed to that board.
Variances
12. (1) Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development regulations, an
authority may, in its discretion, vary the applicable development standards to a maximum of 10%
if, in the authority's opinion, compliance with the development standards would prejudice the
proper development of the land, building or structure in question or would be contrary to public
interest.
(2) An authority shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be made
with respect to the same land, building or structure, would have a cumulative effect that is greater
than a 10% variance even though the individual variances are separately no more than 10%.
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(3) An authority shall not permit a variance from development standards where the proposed
development would increase the non conformity of an existing development.
Notice of variance
13. Where an authority is to consider a proposed variance, that authority shall give written notice
of the proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
Residential non conformity
14. A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where
being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
Notice and hearings on change of use
15. Where considering a non conforming building, structure or development under paragraph
108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming
building, structure or development, an authority, at the applicant"s expense, shall publish a notice
in a newspaper circulating in the area or by other means give public notice of an application to
vary the existing use of a non-conforming building, structure or development and shall consider
any representations or submissions received in response to that advertisement.
Non-conformance with standards
16. Where a building, structure or development does not meet the development standards included
in development regulations, the building, structure or development shall not be expanded if the
expansion would increase the non-conformity and an expansion must comply with the
development standards applicable to that building, structure or development
Discontinuance of non-conforming use
17. An authority may make development regulations providing for a greater period of time than is
provided under subsection 108(2) of the Act with respect to the time by which a discontinued non-
conforming use may resume operation.
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Delegation of powers
18. An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
Commencement
19. These regulations shall be considered to have come into force on January 1, 2001.
©©Earl G. Tucker, Queen's Printer
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SECTION B
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Town of Mount Moriah 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 Section B Regulations.
3. Commencement
These Regulations come into effect throughout the Mount Moriah 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 or practices regulating or controlling the development, conservation and
use of land in force in the Town of Mount Moriah, shall, under these Regulations apply to the
entire Planning Area.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Mount Moriah.
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PART I - GENERAL REGULATIONS
6. Compliance With Regulations
(1) No development shall be carried out within the Mount Moriah Planning Area except
in accordance with these Regulations, unless expressly exempted.
(2) The Development Regulations is a legal document, binding upon Council and any
person or group using or proposing to use land anywhere within the Mount Moriah
Planning Area.
(3) The Water Resources Act, 2000, provides for regulation of numerous aspects of
management of water resources in the province. Administration of the regulations under
the Act is by the Water Resources Management Division of the Department of the
Environment. All development applications concerning the following topics may require
approval under the Water Resources Act 2000 in addition to approval by the Authority
under these Development Regulations:
a) Development within 15 metres of a waterbody or watercourse if in a Crown land
reservation;
b) Discharge of any effluent off the subject property;
c) Work in any body of water;
d) Infilling of water bodies or diversion of streams (usually not approvable if for
residential development);
e) Construction of wharves, breakwaters, slipways and boathouses: permits not needed
but the guidelines of that title must be followed;
Infilling or dredging associated with marine structures or other works; and,
(4) Constructing a development may require permits and/or approvals in addition to
approval pursuant to the Urban and Rural Planning Act, 2000, or the Water Resources
Act, 2000. Proponents are advised to consult the appropriate Government Service Centre
to determine requirements.
7. Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has been
issued by the Authority.
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8. Permit to be Issued
Subject to Section B Regulations 9 and 10, a permit shall be issued for development
within the Planning Area that conforms to:
(a)
the general development standards set out in Part II of these Section B
Regulations, the requirements of Part V of these Section B Regulations, and the
use classes, standards, requirements, and conditions prescribed in Schedule C of
these Section B Regulations for the use zone in which the proposed development
is located;
(b)
further to (a), the standards set out in any regulation or policy of the Authority
regulating or controlling development, conservation and use of land and buildings
and the supply of municipal water, sewer and street services to them, noting that
the Authority does not perform reviews of engineering, architectural or other
design subjects of buildings as may be found in the Building Code and/or other
ancillary codes;
(c)
the standards set out in Part 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
(a) Neither a permit nor approval in principle shall be issued for development within the
Planning Area when, in the opinion of the Authority, it is premature by reason of the site
lacking adequate road access, power, drainage, sanitary facilities, or domestic water
supply, or being beyond the natural development of the area at the time of application
unless the applicant contracts in a development agreement to pay the full cost of
construction of the services deemed necessary by the Authority and such cost shall attach
to and upon the property in respect of which it is imposed.
(b) Where a Crown Lands grant is required to enable a development, Council shall
review the policies of the Municipal Plan and the Development Regulations in the course
of considering their comments to make to Crown Lands on any proposed development,
and shall not recommend or support the grant where they are not satisfied. Where a
variance or discretionary approval or other approval pursuant to these Development
Regulations or the Urban and Rural Planning Act, 2000, is required, such matters shall
be considered and disposed satisfactorily before the grant is recommended.
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10. Discretionary Powers of Authority
(1)
In considering an application for a permit or approval in principle to carry out
development, the Authority shall take into account the policies expressed in the
Municipal Plan and any further scheme, plan or regulations pursuant thereto, and
shall assess the general appearance of the development of the area, the amenity of
the surroundings, availability of utilities, public safety and convenience, and any
other considerations which are, in its opinion, material, and notwithstanding the
conformity of the application with the requirements of these Regulations, the
Authority may, in its discretion, and as a result of its consideration of the matters
set out in this Regulation, conditionally approve or refuse the application.
(2)
An Authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the Authority's
regulations as discretionary, permitted or prohibited uses for that area.
11. Variances (Refer to Minister's Development Regulations, Section 12, January 2, 2001)
(1)
Where an approval or permit cannot be given by the Authority because a
proposed development does not comply with development standards set out in
development regulations, the Authority may, in its discretion, vary the applicable
development standards to a maximum of 10% if, in the Authority's opinion,
compliance with the development standards would prejudice the proper
development 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
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.
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12. Notice of Variance (Refer to Minister's Development Regulations, Section 13., January 2,
2001)
Where the Authority is to consider a proposed variance, the Authority shall give written
notice of the proposed variance from development standards to all persons whose land is
in the immediate vicinity of the land that is the subject of the variance, at least ten days
prior to the date upon which the Authority will consider the matter.
13. Service Levy
(1) The Authority may require a developer to pay a service levy where development
is made possible or where the density of potential development is increased, or
where the value of property is enhanced by the carrying out of public works either
on or off the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Authority of constructing or improving the public works referred to
in Section B Regulation 13(1) that are necessary for the real property to be
developed in accordance with the standards required by the Authority and for uses
that are permitted on that real property.
(3) A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefited by the public works related to all the
real property so benefited; and,
(b)
the density of development made capable or increased by the public work.
(4)
The Authority may require a service levy to be paid by the owner of the 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.
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(2)
The financial provisions pursuant to Section B Regulation 14(1) may be made in
the form of:
(a)
a cash deposit from the developer, to be held by the Authority, or;
(b)
a guarantee by a bank, or other institution acceptable to the Authority and
the Minister, for expenditures by the developer, or;
(c)
a performance bond provided by an insurance company or a bank, or;
(d)
an annual contribution to a sinking fund held by the Authority, or;
(0
another form of financial guarantee that the Authority may approve.
15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Section B Regulation 78, the
Authority may require the dedication of a percentage of the land area of any subdivision
or other development for public use, and such land shall be conveyed to the Authority in
accordance with the provisions of the Act.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Authority may order the developer, the occupier of the site, or the owner or all of them to
reinstate the site, to remove all or any buildings, vehicles, watercraft, and equipment, to
cover or fill all wells or excavations, and to close all or any accesses, or to do any of
these things or similar things for the purpose intended, 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 safe, secure and sanitary condition to the satisfaction of the Authority.
17. Form of Application
(1)
An application for a development permit or approval in principle shall be made
only by the owner or by a person authorized by the owner to the Authority on
such form as may be prescribed by the Authority, and every application shall
include such plans, specifications and drawings as the Authority may require, and
be accompanied by the permit fee required by the Authority.
(2)
The Authority shall supply to every applicant a copy of the application forms
referred to in Section B Regulation 17(1) and a description of the plans,
specifications and drawings required to be provided with the application and any
information or requirements applicable to the application.
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18. Register of Application
The Authority shall keep a public register of all applications for development, and shall
enter therein the Authority's decision upon each application and the result of any appeal
from that decision.
19. Deferment of Application
(1)
The Authority may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations which have
not been determined by the Authority and on which a decision has not been com-
municated to the applicant within eight weeks of the receipt thereof by the
Authority, and on which consideration has not been deferred in accordance with
Section B Regulation 19(1), shall be deemed to be refused.
20. Approval in Principle
(1)
The Authority may grant approval in principle for the erection, alteration or
conversion of a building if, after considering an application for approval in
principle made under these Regulations, it is satisfied that the proposed develop-
ment is, subject to the approval of detailed plans, in compliance with these
Regulations.
(2)
Where approval in principle is granted under this Regulation, it shall be subject to
the subsequent approval by the Authority of such details as may be listed in the
approval in principle, which shall also specify that further application for approval
of these details shall be received not later than two years from the grant of
approval in principle.
21. Development Permit
(1) A plan or drawing which has been approved by the Authority and which bears a
mark and/or signature indicating such approval together with a permit shall be
deemed to be permission to develop land in accordance with these Regulations
but such permission shall not relieve the applicant from full responsibility for
obtaining permits or approvals under any other regulation or statute prior to
commencing the development; from having the work carried out in accordance
with these Regulations or any other regulations or statutes; and from compliance
with all conditions imposed thereunder.
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(2)
The Authority may attach to a permit or to approval in principle such conditions
as it deems fit in order to ensure that the proposed development will be in
accordance with the purposes and intent of these Regulations.
(3)
Where the Authority deems necessary, permits may be issued on a temporary
basis for a period not exceeding two years, which may be extended in writing by
the Authority for further periods not exceeding two years.
(4)
A permit is valid for such period, not in excess of two years, as may be stated
therein, and if the development has not commenced, the permit may be renewed
for a further period not in excess of one year, but a permit shall not be renewed
more than once, except in the case of a permit for an advertisement, which may be
renewed in accordance with Part III of these Section B Regulations.
(5)
The approval of any application and plans or drawings or the issue of a permit
shall not prevent the Authority from thereafter requiring the correction of errors,
or from ordering the cessation, removal of, or remedial work on any development
being carried out in the event that the same is in violation of this or any other
regulations or statute.
(6)
The Authority may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit was
issued in error or was issued on the basis of incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter or thing in
being done for which a permit has been issued, a copy of the permit and any
plans, drawings or specifications on which the issue of the permit was based
during the whole progress of the work, or the doing of the matter or thing until
completion.
22. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit,
state in writing the reasons for so doing.
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23. Notice of Right to Appeal (Refer to Minister's Development Regulations, Section 5,
January 2, 2001)
Where the Authority makes a decision that may be appealed under section 42 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, January 2,
2001)
(1)
The secretary of the Appeal Board at the Department of Municipal Affairs and
Environment, Main Floor, Confederation Building (West Block), P.O. Box 8700,
St. John's, Nfld., A1B 4J6 is the secretary to all Appeal Boards in the province
and an appeal filed with that secretary within the time period referred to in
subsection 42(4) of the Act shall be considered to have been filed with the
appropriate Appeal Board.
(2)
The fee required under section 44 of the Act shall be paid to the Appeal Board
that hears the decision being appealed by filing it with the secretary referred to in
subsection (1) or (2) within the 14 days referred to in subsection 42(4) of the Act.
(3)
The Appeal Board that hears the decision being appealed shall, subject to
subsection 44(3) of the Act, retain the fee paid to the Appeal Board.
(4)
Where an appeal of a decision and the required fee is not received by an Appeal
Board in accordance with this section and Part VI of the Act, the right to appeal
that decision shall be considered to have been forfeited.
25. Appeal Registration (Refer to Minister's Development Regulations, Section 7, January 2,
2001)
(1 ) Upon receipt of an appeal and fee as required under the Act and these regulations,
the secretary of the Appeal Board as referred to in subsections 24(1) and (2), shall
immediately register the appeal.
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(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,
January 2, 2001)
(1)
Immediately upon notice of the registration of an appeal the Authority shall
ensure that any development upon the property that is the subject of the appeal
ceases.
(2)
Sections 102 and 104 of the Act apply to the Authority acting under subsection
( 1 )-
(3)
Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, the Authority shall not carry out work related
to the matter being appealed.
27. Appeal Board
(1 ) The minister may, by order, establish an Appeal Board and shall assign to the
Appeal Board a specific area of the province over which it shall have jurisdiction,
as outlined in section 40, of the Act.
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:
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(a) an application to undertake a development;
(b) a revocation of an approval or a permit to undertake a development;
(c) the issuance of a stop work order; and
(d) a decision permitted under the Act or another Act to be appealed to the board.
(2) A decision of the Authority to adopt, approve or proceed with a municipal plan, a
scheme, development regulations and amendments and revisions of them is final and
not subject to an appeal.
(3) An Appeal Board shall not make a decision that does not comply with the
municipal plan, a scheme and development regulations that apply to the matter
being appealed.
(4)
An appeal shall be filed with the Appeal Board not more than 14 days after the
person who made the original application appealed from has received the decision
being appealed.
(5)
An appeal shall be made in writing and shall include
(a) a summary of the decision appealed from;
(b) the grounds for the appeal; and
(c) the required fee.
(6)
A person or group of persons affected by the subject of an appeal or their
representatives may appear before an Appeal Board and make representations
concerning the matter under appeal.
(7) An Appeal Board may inform itself of the subject matter of the appeal in the
manner it considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance with the Act
and the municipal plan, scheme and regulations that have been registered under
section 24, of the Act, and having regard to the circumstances and merits of the
case.
(9) A decision of the Appeal Board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
(10) In determining an appeal, an Appeal Board may confirm, reverse or vary the
decision appealed from and may impose those conditions that the board considers
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appropriate in the circumstances and may direct the Authority to carry out its
decision or make the necessary order to have its decision implemented.
(11) Notwithstanding subsection (10), where the Authority may, in its discretion, make
a decision, an Appeal Board shall not make another decision that overrules the
discretionary decision.
(12) The decision of a majority of the members of an Appeal Board present at the
hearing of an appeal shall be the decision of the Appeal Board.
(13) An Appeal Board shall, in writing notify the appellant and the appropriate
Authority of the decision of the Appeal Board.
29. Hearing Notice and Meetings (Refer to Minister's Development Regulations, Section 9,
January 2, 2001)
(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, January
2, 2001)
(1)
An Appeal Board shall meet at a place within the area under its jurisdiction and
the appellant and other persons notified under Section B Regulation 29(1) or their
representative may appear before the Appeal Board and make representations
with respect to the matter being appealed.
(2)
An Appeal Board shall hear an appeal in accordance with section 43 of the Act
and these regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be considered to have been provided in the same
manner as evidence directly provided at the hearing of the Appeal Board.
(4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
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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 Section B Regulation
24(2) shall be paid to him or her by the Authority.
32. Notice of Application
(1)
When a change in non conforming use is to be considered under Section B
Regulation 49, the Authority shall, at the expense of the applicant, give notice of
an application to all persons whose land is in the immediate vicinity of the land, at
least ten days prior to the date upon which Council will consider the matter.
(2)
When a variance is necessary under Section B Regulation 11, and the Authority
wishes to consider whether to authorize such a variance from development
standards the Authority shall, pursuant to Section B Regulation 12, give written
notice of the proposed variance to all persons whose land is in the immediate
vicinity of the land, at least ten days prior to the date upon which Council will
consider the matter.
(3)
When a proposed development is listed as a discretionary use in Schedule C of the
Section B Regulations, and the Authority wishes to consider whether to approve
such a discretionary use, then the Authority shall give said written notice of the
proposed development to all persons whose land is in the immediate vicinity of
the land, at least ten days prior to the date upon which Council will consider the
matter.
33. Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land
and may at all reasonable times enter any development or building upon the land for the
purpose of making surveys or examinations or obtaining information relative to the
carrying out of any development, construction, alteration, repair, or any other works
whatsoever which the Authority is empowered to regulate.
34. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to
his knowledge and report that violation to the Authority.
35. Stop Work Order and Prosecution
(1 )
Where a person begins a development contrary or apparently contrary to these
Regulations, the Authority may order that person to stop the development or work
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connected therewith pending final adjudication in any prosecution arising out of
the development.
(2)
A person who does not comply with an order made under Section B Regulation
35(1) is guilty of an offence under the provisions of the Act.
36 Delegation of Powers (Refer to Minister's Development Regulations, Section 18, January 2,
2001)
An Authority shall, where designating employees to whom a power is to be delegated
under subsection 109(2) of the Act, make that designation in writing.
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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.
(3)
A new street may not be constructed except in accordance with and to the design
and specifications laid down by the Authority.
38. Accessory Buildings and Uses
(I) Accessory buildings shall be clearly incidental and complementary to the use of
the main buildings in character, use and size, and shall be contained on the same
lot except where specifically exempted in these Section B Development
Regulations from this requirement.
(2)
No accessory building or part thereof shall project in front of any building line
except as may be prescribed in the use zone tables in these Section B Regulations.
(3)
The sideyard requirements set out in the use zone tables in these Section B
Regulations shall apply to accessory buildings wherever they are located on the
lot but accessory buildings on adjoining properties may be built to common
property boundaries provided they shall be of fire resistant construction and have
a code-compliant common firewall.
(4)
The requirements for maximum floor area, number, height, lot coverage and other
locational and dimensional criteria for structures and fences shall be as set out in
the use zone tables in these Section B Regulations.
(5)
Temporary use of land for community festivals, celebrations, laydown and
equipment yards during construction of a structure, and the like shall be deemed
to be accessory uses in all areas, and Council may approve such use subject to
such conditions as may be deemed prudent and for no longer period of time than
one year.
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39. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part III of
these Section B Regulations.
40. Buffer Strips for Industrial Uses and Public Trails
1) Where any industrial development permitted in any Use Zone abuts an existing or
proposed residential area, or is separated from it by a road only, the owner of the site
of the industrial development shall provide a buffer strip not less than ten (10) metres
wide between any residential activity and the industrial area. The buffer shall include
the provision of such natural or structural barrier as may be required by the Authority
and shall be maintained by the owner or occupier to the satisfaction of the Authority.
2) Buildings, structures and alteration of elevations of land or vegetation thereon, within
15 metres of any public trail designated by the Authority, shall not be located or made
in such manner as would impede the safety or amenity of public use of the public
trails.
41. Building Height
The Authority may permit the erection of buildings of a height greater than that specified
in Schedule C, but in such cases the building line setback and rear yard requirements
shall be varied as follows:
(1)
The building line setback shall be increased by 2 metres for every 1 metre
increase in height above the minimum required height.
(2)
The rear yard shall not be less than the minimum building line setback calculated
as described in (1) above plus 6 metres.
42. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed
street or service street and may require any new buildings to be located on those building
lines, whether or not such building lines conform to the standards set out in the tables in
Schedule C of these Section B Regulations.
43. Family and Group Care Centres
Family and group care centre use is permitted in any dwelling that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff, provided that
in the opinion of the Authority and subject to the discretion of the Authority, the use of
the dwelling and the intended clientele do not materially and adversely affect the quiet
enjoyment of the other properties or residents of the neighbourhood in which it is located.
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The Authority may require certified architectural designs and operations plans for special
access and safety features to be provided for the clientele, staff and neighborhood
residents, and proof of issue (or intent to issue) of any licenses or permits required by
authorities having jurisdiction for the specific clientele of the Centre, before the
development is permitted.
44. Height Exceptions
The height requirements prescribed in Schedule C of these Section B Regulations may be
waived in the case of antennas, wind turbines, flagpoles, water towers, spires, belfries, or
chimneys, but any such waiver which results in an increase of more than 10% of the
permitted height of the structure shall only be authorized under the provisions of Section
B Regulation 10 and with notice given under the provisions of Section B Regulation 32.
45. Livestock Structures and Uses
Livestock structures and agricultural uses involving the keeping of animals are not
permitted in any part of the Planning Area. Small animals may be kept as pets as
accessory uses anywhere in the Planning Area.
46. Archaeological Resources
Any proposal or application for a development that requires ground disturbance shall be
reviewed by the Authority to determine whether the site may be a site protected under the
Historic Resources Act and if so to be referred to the Provincial Archaeology Office for
assessment and clearance before work commences. Further, should any artifacts be
discovered during work on a site, work is to stop and the site is to be secured until such
an assessment has been conducted and the Authority has determined what, if any, work
may resume and under what conditions.
47. Lot Area and Size Exceptions
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage or
lot area that is less than that permitted by these Section B Regulations for the zone
in which such lot is located.
(2)
Where any part of a lot is required by these Section B Regulations to be reserved
as a yard, it shall continue to be so used regardless of any change in the ownership
of the lot or any part thereof, and shall not be deemed to form part of an adjacent
lot for the purpose of computing the area thereof available for building purposes.
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(3) Where, at the time of coming into effect of these Section B Regulations, one or
more lots already exist in any zone, with insufficient frontage or area to permit the
owner or purchaser of such a lot or lots to comply with the provisions of these
Section B Regulations, then these Section B Regulations shall not prevent the
issuing of a permit by the Authority for the erection of a building, provided that
the lot coverage and height are not greater than, and the yards and floor area are
not less than the standards set out in these Section B Regulations.
48. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these
Section B Regulations, no building shall be erected unless the lot on which it is situated
fronts onto a street or forms part of a Comprehensive Development Scheme.
49. Non-Conforming Use
(Refer to Minister's Development Regulations, Section 14, 15, 16,
17, January 2, 2001)
(1)
Notwithstanding the Municipal Plan, scheme or regulations made under the
Urban and Rural Planning Act, 2000, the Authority shall, in accordance with
regulations made under this Act, allow a development or use of land to continue
in a manner that does not conform with a regulation, scheme, or plan that applies
to that land provided that the non-conforming use legally existed before the
registration under section 24 of the Act, scheme or regulations made with respect
to that kind of development or use.
(2)
Notwithstanding subsection (1), a right to resume a discontinued non-conforming
use of land shall not exceed 3 years after the discontinuance of that use.
(3)
A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (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;
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(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;
(0
where the non-conformance is with respect to the standards included in
these development regulations, shall not be expanded if the expansion
would increase the non-conformity and an expansion must comply with
the development standards applicable to that building, structure or
development;
(g) where the building or structure is primarily zoned and used for residential
purposes, it may, in accordance with the municipal plan and regulations,
be repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed but the residential building or structure, where being
repaired or rebuilt, must be repaired or rebuilt in accordance with the plan
and development regulations applicable to that building or structure.
(4)
Before making a decision to vary an existing use of a non-conforming building,
structure or development, the Authority shall give notice as specified in Section B
Regulation 32, of an application to vary the existing use of a non-conforming
building, structure or development and shall consider any representations or
submissions received in response to that advertisement.
50. Offensive and Dangerous Uses
No 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. Hazards to Building
1) Any proposal for the erection of a structure on a site which is potentially subject to
flooding, sea level rise, coastal erosion or any other physical hazard near watercourses or
water bodies, must be certified by a professional engineer to ensure that development of
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the site can take place without danger to health or safety, within a one hundred year time
horizon;
2) Any proposal for development of a site having a slope in excess of 15% must be certified
by a professional engineer as having low risk of landslide, avalanche, and rockfall.
52. Off-Street Parking and Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or established, there
shall be provided and maintained a quantity of off-street parking spaces 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 or
occupancy shall conform to the standards set out in Schedule D of these
Regulations.
(3)
Each parking space, except in the case of single or double dwellings, shall be
made accessible by means of a durably surfaced right-of-way at least 3 m in
width. Parking required for a residential use shall be provided on the same lot as
that use. For other uses, parking spaces shall be provided not more than 200
metres distant from the use concerned.
(4)
The parking facilities required by this Section B Regulation shall, except in the
case of residential developments in the classes of single dwellings, double
dwellings, row dwellings, boarding houses, seasonal dwellings and mobile homes,
be arranged so that it is not necessary for any vehicle to reverse onto or from a
street, except where specifically exempted by the Authority.
(5)
Where, in these Section B Regulations, parking facilities for more than four
vehicles are required or permitted:
(a)
parking space shall mean an area of land, not less than 3 m wide by 6 m
long, capable of being used for the parking of a vehicle without the need to move
other vehicles on adjacent areas, and the lanes or aisles in a parking area which
give access to parking spaces shall be at least 6 m wide;
(b)
the parking area shall be constructed with paved surfaces and features to
control surface water, and maintained to the specifications of the Authority;
(c)
the lights used for illumination of the parking area shall be so arranged as
to divert the light away from adjacent development;
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(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;
(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)
for every building, structure or use to be erected, enlarged or established
requiring the shipping, loading or unloading of animals, goods, wares or
merchandise, there shall be provided and maintained for the premises loading
facilities on land that is not part of a street comprised of one or more loading
spaces, 15 m long, 4 m wide, and having a vertical clearance of at least 4 m with
direct access to a street or with access by a driveway of a minimum width of 6 m
to a street, and be so arranged that vehicles can manoeuvre clear of any street and
so that it is not necessary for any vehicle to reverse onto or from a street. The
number of loading spaces to be provided, if any, shall be determined by the
Authority.
(j)
where, in the opinion of the Authority, strict application of the above
parking and loading space requirements set out in a) through i) is impractical or
undesirable, the Authority may waive some or all of the requirements or as a
condition of a permit require the developer to pay a service levy in accordance
with these Section B Regulations in lieu of the provision of a parking area, and
the full amount of the levy charged shall be used by the Authority for the provi-
sion and upkeep of alternative parking facilities within the general vicinity of the
development.
53. Parks and Playgrounds and Conservation Uses
Nothing in these Section B Regulations shall prevent the designation of conservation
areas or the establishment of parks and playgrounds in any zones provided that such
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parks and playgrounds are not located in areas which may be hazardous to their use and
are not operated for commercial purposes.
54. Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the owner or
occupier to provide adequate and suitable landscaping or screening; and for this purpose
may require the submission of an application giving details of the landscaping or
screening, and these Section B Regulations shall then apply to that application. The
provision of adequate and suitable landscaping or screening may be made a condition of
any development permit where, in the opinion of the Authority, the landscaping or
screening is desirable to preserve amenity, or protect the environment.
55. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the
provision of public services and public utilities if the use of that land is necessary to the
proper operation of the public service or public utility concerned provided that the design
and landscaping of any development of any land so used is, in the opinion of the
Authority, adequate to protect the character and appearance of the area.
56. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such 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.
57. Yards, Fences and Retaining Walls
The following requirements shall apply to location and development of structures in yards
and of fences and retaining walls:
a) No structure except a fence or retaining wall or accessory building shall be located in any
yard prescribed in the use zone tables in these Section B Regulations.
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b) All side yards shall be kept clear of obstructions other than fences and retaining walls, to
ensure a pathway of at least one metre in width, to provide access to the side walls of
structures for fire suppression and maintenance and to rear yards for emergency
responders.
c) Fences may be erected in any yard of any lot or directly on the lot lines, subject to the
following:
i. Fences are to be located at least 8 metres from the centreline of the travelled surface
of streets;
ii.
fences are to have a height of no more than 2 metres above finished grade,
including any ornamentation or projections above the general upper line of the
fence, and,
v.
Retaining walls are permitted, subject to requirements concerning structural
integrity, aesthetics and safety, as follows:
1. Where a retaining wall is higher than 1.2 metres above finished grade, or
supportive of a building wall, foundation, drainage channel, pit, embankment, or
similar feature, the wall shall be designed by a professional engineer licensed in
the province, said design to include space for maintenance of both sides of the
wall, and said designs to be subject to approval by Council.
2. Barrier rails or fences shall be designed and built in compliance with the National
Building Code of Canada, having regard to the height and angle of the wall and
risk of persons, animals or vehicles falling down the wall.
3. Retaining walls shall be set back from all property boundaries by a distance of at
least the height of the retaining wall and shall not block line of sight at street
intersections.
4. Retaining walls shall not be placed in rights-of-way or street and utility
easements, so as not to interfere with traffic, access to utilities, or proper drainage
of the lot or other properties, whether or not a site grading and drainage plan was
involved in the design of the subdivision or site design for buildings and land
forming.
5. Visible materials of construction shall be aesthetically benign, and not include
gabions or other wire mesh enclosures or facing, or use of rubble (waste masonry,
concrete, asphalt road excavation), demolition debris, vehicle tires, or similar
unsightly material, for facing.
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Note to readers: the Town of Mount Moriah does not become involved in settling
or mediating boundary location or line fence disputes between abutting property
owners over location or materials of construction as this is a civil matter between
the parties.
58. Removal of Quarry Materials
1) Quarry materials produced as a by-product of an approved development may be removed
from the development site provided that royalties are paid to the province as required by
the Quarry Materials Act, 1998. Materials removed for site preparation to construct a
building, including topsoil, overburden, and rock may be retained or re-used on the
development site (no royalties due) or removed from the site (royalties due). Quarry
materials include but are not limited to aggregate, fill, rock, stone, gravel, sand, clay,
borrow material, topsoil, overburden, subsoil, and peat.
2) In order to ensure that royalties due to the province are paid, the Authority will notify the
Department of Natural Resources where the Authority becomes aware that removal of
quarry materials is taking place or may take place.
59. Subsidiary Apartments Lot Areas and Yards
Subsidiary apartments may be permitted in single dwellings and mobile homes in
accordance with the requirements of the use zone table for the zone in which they are
located, and for the purposes of calculating lot area and yard requirements, shall be
considered part of the self-contained dwelling.
60. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to
satisfy the yard and other allowances called for in the Use Zone in which it is located and
the allowances shall be retained when the adjacent land is developed.
61. Zero Lot Line and Other Comprehensive Development; Existing Flag Lot Exemption
(1) The Authority may, at its discretion, approve the erection of structures which are
designed to form part of a zero lot line development or other comprehensive
layout which does not, with the exception of dwelling unit floor area, meet the
requirements of the Use Zone Tables in Schedule C, and provided that any
dwellings are designed to provide both privacy and reasonable access to natural
daylight and the overall density within the layout conforms to the regulations and
standards set out in the Use Zone Tables apply where the layout adjoins other
development.
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(2)
Development on flag lots is permitted where the requirements for the minimum
width of the leg or prolongation which provides access, and the following
requirements, are satisfied.
The location of a main or accessory building on a flag lot shall provide for yards
in the main body of the lot of at least the dimensional minimum requirements of
the building line setback, side yard widths, and rear yard depths ordinarily
required in the subject Use Zone, as if the main body of the existing flag lot were
an ordinary lot where most or the whole width of the lot abuts the street. Whereas
the ordinary meanings of side, front and rear yards are not relevant to a flag lot,
any yard in a flag lot can be deemed the front, side or rear yard for this purpose.
In a flag lot, the minimum width of the leg or prolongation which provides access
to a street shall be 6 metres at every point along its length, including the lot
boundary where the flag lot fronts directly on a street. Where the full leg width
cannot be provided in the area of the leg of the flag lot, by reason of limited space
between lot lines and existing structures or other physical features, all or part of
the required leg width may be provided in the form of a perpetual license or
easement for vehicular and pedestrian access and connection to municipal and
utility services in favour of the flag lot, across adjacent lands. The said license or
easement shall not be deemed for the purpose of Section B Regulation 47 in this
Development Regulation to be an alienation or conveyance having the effect of
reducing the lot area of the lot(s) to which the easement or the license pertains.
The leg width, including any part of it which may be provided in the form of the
said license or easement, may be reduced by way of a variance pursuant to the
provisions for variances in these Development Regulations.
The requirement of Section B Regulation 48 shall apply to flag lots, in that the leg
or prolongation, including any part of it which may be provided in the form of the
said license or easement, shall abut directly upon a street.
(3)
Where permitted, boat sheds, boat houses, wharves and stages may be built to any
lot line which corresponds to the high water mark. Requirements for work in or
near water bodies or streams, and for any infilling or dredging or other work in or
near the waters, shall follow the provincial government Guidelines for the
Construction and Maintenance of Wharves, Breakwaters, Slipways and
Boathouses and any other requirements pertaining to work in water bodies.
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PART III - ADVERTISEMENTS
62. Permit Required
Subject to the provisions of Section B Regulation 67, no advertisement or sign shall be erected or
displayed in any yards in the Planning Area unless a permit for the advertisement is first obtained
from the Authority in accordance with Section B Regulation 17.
63. Advertisements Relating to Offsite Uses or Non-specific Uses
The conditions to be applied to the erection or display of an advertisement which relates to a
specific land use not on the lot on which the advertisement is located, or not relating to any
specific land use, shall be as follows:
(i)
Each such advertisement shall not exceed one square metre in area per sign face.
(ii)
When the advertisement relates to a specific land use, it shall be located within a
reasonable distance of, and only show thereon the name and nature of the business
and/or directions to the premises to which it relates.
64. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any highway
or street reservation or land.
65. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement shall
for a limited period, not exceeding two years, but the permitted use may continue thereafter
notwithstanding expiry of the permit, subject to any conditions required at the time of approval
or as may be revised by the Authority from time to time.
66. Removal of Advertisements
The location, siting and illumination of each advertisement shall be to the satisfaction of the
Authority, having regard to the grade and alignment of streets, the location of street junctions,
the location of nearby buildings and the preservation of the amenities of the surrounding area.
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 location, siting, colour, illumination, or
structural condition, or;
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(b)
detrimental to the amenities of the surrounding area by virtue of becoming
dilapidated or referring to information no longer relevant, such as for no longer
existing premises.
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 land used for a home business, one nameplate not exceeding 0.2 m2 in area in
connection with the business carried on at that lot, on each separate building in
which a home business is conducted;
(0
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 or private lane, directional signs of a size and information
content usually associated with traffic control signs, to guide drivers to
appropriately use the parking facility
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
Section B Regulations.
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69. Non-Conforming Uses
Notwithstanding the provisions of Section B Regulation 62, a permit may be issued for the
erection or display of advertisements on a building or within the courtyard of a building or on a
parcel of land, the use of which is a non-conforming use, provided that the advertisement does
not exceed the size and type of advertisement which could be permitted if the development was
in a Use Zone appropriate to its use, and subject to any other conditions deemed appropriate by
the Authority.
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PART IV - SUBDIVISION OF LAND
70. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of
the subdivision is first obtained from the Authority.
71. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Authority have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system. Private water supplies and/or private sewage disposal systems shall not
be recognized by the Authority unless the requisite Certificate(s) of Approval, or a letter
of intent to grant, has been granted by the provincial government authorities. Connection
to the Authority's central water and/or sewer systems are subject to compliance with the
standards and conditions of the Authority in that regard.
72. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Authority for connection to services,
utilities and streets deemed necessary for the proper development of the subdivision, and
all service levies and other charges imposed under Section B Regulations 13 and 14.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Authority shall,
without limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and utilities;
(c)
the provisions of the Municipal Plan and Section B Regulations affecting the site;
(d)
the land use, physical form and size of buildings anticipated to be developed on
the new lots and the character of adjacent developments related the same factors;
(e)
the capacity of streets to serve the volumes and characteristics of the vehicle and
pedestrian traffic expected, including the physical strength and longevity of the
existing streets to bear the loads and numbers of vehicles, and, the integration of
the proposed streets into the future street network;
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(0
the relationship of the project to existing or potential sources of nuisance;
(g)
topography, soil and subsoil characteristics of each lot, and the related difficulty
or cost of landscaping and access;
(h)
the drainage of the site and potential for affecting drainage of adjacent land;
(i)
natural features such as lakes, streams, topsoil, trees and shrubs;
prevailing winds;
(k)
visual quality;
(1)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
74. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate permit shall
be obtained pursuant to these Development Section B Regulations for each building
proposed to be erected in the area of the subdivision, and no such permit for any building
in the area shall be issued until the developer has complied with all the provisions of
these Section B Regulations with respect to the development of the subdivision.
75. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in
accordance with Section B Regulation 17.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
77. Building Lines
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines. In the case of flag lots which would be
created in the subdivision, the building lines will not necessarily be parallel to the street
line but will reflect the appropriate orientation of buildings and yards in the main body of
the flag lot.
78. Land for Public Open Space
(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 to not more than 10% of
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the gross area of the subdivision or 25 m2 for every dwelling unit permitted in the
subdivision, whichever is the greater, for public open space, provided that:
(a)
where land is subdivided for any purpose other than residential use, the
Authority shall determine the percentage of land to be dedicated;
(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, or, the
Authority may waive the requirement;
(c)
the location and suitability of any land dedicated under the provisions of
this Section B Regulation shall be subject to the approval of the Authority but in any
case, the Authority shall not accept land which, in its opinion is incapable of development
for any purpose;
(d)
the Authority may accept from the developer in lieu of such area or areas
of land the payment of a sum of money equal to the value of the land which would
otherwise be required to be dedicated;
(e)
money received by the Authority in accordance with Section B Regulation
78(1)(d) above, shall be reserved by the Authority for the purpose of the acquisition or
development of land for public open space or other public purpose.
(2)
Land dedicated for public use in accordance with this Section B Regulation shall be
conveyed to the Authority and may be sold or leased by the Authority for the purposes of
any development that conforms with the requirements of these Section B Regulations,
and the proceeds of any sale or other disposition of land shall be applied against the cost
of 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 Section B Regulation
78(1).
79. Structure in Street Reservation
The placing within any street reservation of any structure (for example, an electrical
power, telegraph or telephone pole, fire hydrant, mail box, fire alarm, or sign post) shall
receive the prior approval of the Authority which shall be satisfied on the question of safe
construction and relationship to the adjoining buildings and other structures within the
street reservation.
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80. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Section B
Regulations unless the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
A cul de sac may be a temporary cul de sac, ie: a temporary street ending which is
constructed and used until an extension of the street into adjacent lands is
achieved in accordance with the street network described in the Municipal Plan or
as directed by the Authority. The maximum length of a cul de sac as stated in (c)
shall not apply to a temporary cul de sac. Every such temporary cul de sac shall
be provided with a turning circle of a diameter of not less than 30 m. and include
a street reservation to enable eventual extension of the street.
(c)
The maximum length of a permanent 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 Authority and the Minister of Municipal Affairs and Environment in
connection with municipal capital works program eligibility.
(ii)
400 m in areas not served by or planned to be served by municipal piped
water and sewer services.
(d)
Emergency vehicle access to a permanent cul de sac shall be not less than 3 m
wide and shall connect the head of the cul de sac with another street.
(e)
No temporary cul de sac shall be located so as to appear to terminate a collector
street.
(0 Streets in subdivisions shall intersect with or prolong an existing street or streets.
Street reserves shall be provided to enable future extension of streets into adjacent
lands in accordance with the street network described in the Municipal Plan or as
directed by the Authority.
(g)
All street intersections shall be constructed within 5 degrees of a right angle and
this alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(i)
No more than four streets shall join at any street intersection.
(j)
No street block shall be longer than 490 m between street intersections.
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(k)
Streets in subdivisions shall be designed in accordance with the approved
standards of the Authority, but in the absence of such standards, shall conform to
the following minimum standards:
Type of Street
Street
Reser-
vation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
All Streets:
15 m
9 m
1.5 m
1
(I) No lot intended for residential purposes shall have a depth exceeding four times
the frontage except where topography or unusual dimensions of the lot being
subdivided make this impractical.
(m)
Residential lots shall not be permitted which abut a local street at both front and
rear lot lines unless the circumstance is beyond the control of the proponent.
(n)
The Authority may require any existing natural, historical or architectural feature
or part thereof to be retained when a subdivision is developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land, and each lot shall be laid out so as to maximize the usefulness of
the land to the eventual occupant, with regard to positioning of buildings,
driveways, and outdoor storage and activity areas.
(p)
Flag lots may be created by subdivision.
(q)
A lot to be created for an existing cemetery or expansion thereof may be of any
size and the requirements for access to a public street and water and/or sewer
services, and for dedication for public open space, shall be waived.
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81. Engineer to Design Works and Certify Construction Layout
(I) 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 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
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deposited with the Authority by the developer shall be placed in a separate savings
account in a bank and all interest earned thereon shall be credited to the developer.
84. Transfer of Streets and Utilities to Authority
(1) The developer shall, following the approval of the subdivision of land and upon request
of the Authority, transfer to the Authority, at no cost to the Authority, and clear of all
liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided which are approved
and designated by the Authority for public uses as streets, street reserves, or other rights-
of-way, or for other public use;
(b)
all services or public works including streets, water supply and distribution and
sanitary and storm drainage systems installed in the subdivision that are normally owned
and operated by the Authority.
(2)
Before the Authority shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at the expense of the developer, test the streets, services
and public works installed in the subdivision and certify his satisfaction with their
installation.
(3)
The Authority shall not provide maintenance for any street, service or public work in any
subdivision until such time as such street, service or public work has been accepted by
and transferred to the Authority.
85. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Authority is
satisfied that:
(a)
the lot can be served with satisfactory central and/or private water supply and/or
sewage disposal systems, and;
(b)
satisfactory access to a street is provided for the lots.
86. Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building types
and for landscaping in order to enhance the visual aspects of the completed
development and to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by the Authority, shall not be changed without
written application to and subsequent approval of the Authority.
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PART V - USE ZONES
87. Use Zones
(1) For the purpose of these Section B Regulations, the Planning Area is divided into Use
Zones which are shown on the Land Use Zoning Map 1 attached to and forming part of these
Section B Regulations.
(2)
Subject to Section B Regulation 87(3), the permitted use classes, discretionary use
classes, standards, requirements and conditions applicable to each Use Zone are set out in the
Use Zone Tables in Schedule C of these Section B Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not set out in
the Use Zone Tables in Schedule C, the Authority may at its discretion, determine the standards,
requirements and conditions which shall apply.
88. Use Groups, Divisions and Classes
The specific uses to be included in each Use Group, Division and Class set out in the Use
Zone Tables in Schedule C shall be determined by the Authority in accordance with the
classification and examples set out in Schedule B. The examples do not constitute the
whole range of possibilities which may be found in their respective classes.
89. Permitted Uses
(1)
Subject to these Section B Regulations, the uses that fall within the Permitted Use
Groups, Divisions, and Classes set out in the appropriate Use Zone Table in
Schedule C shall be permitted by the Authority in that Use Zone.
(2)
Where the permitted use is expressed by the title of a "Group" shown in Schedule
B, all of the uses in the divisions and classes of uses subordinate to that title shall
be permitted, and likewise where the permitted use is expressed by the title of a
"Division" shown in Schedule B, all of the uses in the classes of uses subordinate
to that title shall be permitted.
90. Discretionary Uses
(1 ) Subject to these Section B Regulations, the uses that fall within the Discretionary
Use Classes set out in the appropriate Use Zone Table in Schedule C may be
permitted in that Use Zone if the Authority is satisfied that the development
would not be contrary to the general intent and purpose of these Section B
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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 Section B Regulation 32 and has considered
any objections or representations which may have been received on the matter.
(2)
Where the discretionary use is expressed by the title of a "Group" shown in
Schedule B, all of the uses in the divisions and classes of uses subordinate to that
title shall be permitted, and likewise where the discretionary use is expressed by
the title of a "Division" shown in Schedule B, all of the uses in the classes of uses
subordinate to that title shall be permitted, subject to the provisions of subsection
(1).
91. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in the
appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone.
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SCHEDULE A
DEFINITIONS
ACCESS: A way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street. (Refer to Minister's
Development Regulations, January 2, 2001)
ACCESSORY BUILDING:
(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
animals kept as domestic pets, or radio and television antennas,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks.
(Refer to Minister's Development Regulations, January 2, 2001)
ACCESSORY USE: A use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use. (Refer to Minister's
Development Regulations, January 2, 2001)
ACT: The Urban and Rural Planning Act, 2000.
ADVERTISEMENT: Any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the 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
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utilities and public transport undertakers, and including any boarding or similar structure used or
adapted for use for the display of advertisements.
AGRICULTURE: Horticulture, fruit growing, grain growing, seed growing, dairy farming, the
breeding or rearing of animals for pet or commercial uses including raising of livestock or any
other creature kept for the production of food, wool, skins, or fur, or for the purpose of its use in
the farming of land, the use of land as grazing land, meadow land, osier land, market gardens and
nursery grounds and the use of land for woodlands where that use is ancillary to the farming of
land for any other purpose. "Agricultural" shall be construed accordingly.
AMUSEMENT USE: The use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pinball games and slot
machine arcades and billiard and pool halls.
ANIMAL UNIT: Any one of the following animals or groups of animals:
1 bull;
1 dairy cow;
2 heifers;
2 beef cattle;
5 calves, veal or otherwise;
1 sow in farrow to finish operation (3 sows if under 150 kg live weight);
6 hogs;
3 boars;
150 female mink (including associated males and kits);
200 rabbits;
40 foxes;
7 goats;
1 horse (including foal);
8 sheep--ewes (16 lambs);
125 laying hens;
500 turkeys, ducks, geese (based on 2,268 kg live weight = 1 unit).
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
4 dogs
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APARTMENT BUILDING: A building containing three or more dwelling units, but does not
include a row dwelling.
APPLICANT: A person who has applied to an Authority for an approval or permit to carry out
a development.
APPEAL BOARD: The appropriate Appeal Board established under the Act.
ARTERIAL STREET: The streets in the Planning Area constituting the main traffic arteries of
the area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map.
AUTHORITY: The Town Council of Mount Moriah.
BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons
other than the immediate family of the owner or tenant.
BOAT SHED or BOAT HOUSE or STAGE or WHARF: a building or structure located on
land or in the water, at the edge of a water body, and used to house or berth boats and to store
related gear and equipment.
BOAT HOUSE: see Boat Shed
BUILDING: Every structure, erection, excavation, alteration or improvement whatsoever placed
on, over or under land, or attached, anchored or moored to land, and includes mobile structures,
vehicles and marine vessels adapted or constructed for residential, commercial, industrial and
other like uses, and any part of a building as so defined and any fixtures that form part of a
building.
BUILDING HEIGHT: The vertical distance, 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,
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steeples and purely ornamental structures above a roof. (Refer to Minister's
Development Regulations, January 2, 2001)
BUILDING LINE: A line established by an Authority that runs parallel to a street line and is set
at the closest point to a street that a building may be placed. (Refer to Minister's Development
Regulations, January 2, 2001)
BUILDING LINE SETBACK: see Front Yard Depth.
COLLECTOR STREET: A street that is designed to link local streets with arterial streets and
which is designated as a collector street in the Municipal Plan, or on the Zoning Map.
CONVENIENCE STORE: A small retail store that carries limited lines of goods, such as a
partial line of groceries, housewares, and clothing; gifts; speciality items; and, other goods, and
which has a floor area dedicated to retail sales (including storage area) not exceeding 100 square
metres.
DAYCARE CENTRE or DAY NURSERY: A building or part of a building in which services
and activities are regularly provided to children of pre-school age during the full daytime period
as defined under the Day Nurseries Act, but does not include a school as defined by the Schools
Act.
DEVELOPMENT: The carrying out of any building, engineering, mining or other operations
in, on, over, or under land, or the making of any material change in the use, or the intensity of
use of any land, buildings, or premise and without limiting the generality of the foregoing, shall
specifically include:
(a)
the making of an access onto a highway, road or way;
(b)
the erection of an advertisement or sign;
(c)
the parking of a trailer, or vehicle of any description used for the sale of refreshments or
merchandise, or as an office, or for living accommodation, for any period of time;
and shall exclude:
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(d)
the carrying out of works for the maintenance, improvement or other alteration or any
building, being works which affect only the interior of the building or which do
not materially affect the external appearance or use of the building;
(e)
the carrying out by a highway Authority of any works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of
the road reservation;
(f)
the carrying out by any local Authority or statutory undertakers of any works for the
purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or
other apparatus, including the breaking open of any street or other land for that
purpose;
(g)
the use of any building or land within the courtyard of a dwelling house for any purpose
incidental to the enjoyment of the dwelling house as such.
DEVELOPMENT REGULATIONS: Regulations respecting development that have been
enacted by the relevant Authority.
DISCRETIONARY USE: A use that is listed within the discretionary use classes established in
the use zone tables of an Authority's development regulations. (Refer to Minister's Development
Regulations, January 2, 2001)
DIRECTOR: The Director of Urban and Rural Planning or successor official.
DOUBLE DWELLING: A building containing two dwelling units, placed one above the other,
or side by side, but does not include a self-contained dwelling containing a subsidiary apartment.
DWELLING UNIT: A self-contained unit consisting of one or more habitable rooms used or
designed as the living quarters for one household.
ENGINEER: A professional engineer employed or retained by the Authority.
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ESTABLISHED GRADE:
(1)
where used in reference to a building, the average elevation of the finished surface of the
ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure, exclusive of
any artificial embankment or entrenchment. (Refer to Minister's Development
Regulations, January 2, 2001)
FAMILY AND GROUP CARE CENTRE: A dwelling accommodating up to but no more than
six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this
definition includes, but is not limited to, facilities called "Family and Group Homes", "Group
Homes", "Halfway Houses", and "Foster Homes" and is classified in the Classification Table in
Schedule B as "Family & Group Homes".
FLAG LOT: A lot characterized by a shape in which the lot's main body of land is located some
distance from a street, typically lying behind other lots located along the street line, and in which
the main body of the lot is joined to the street by a narrower leg or prolongation which is part of
the flag lot; an easement or right of way across another lot so as to gain access to a street does
not create a flag lot.
A flag lot is so named because its shape in a simple rectangular configuration resembles a flag on
a pole, where the main body of the lot is separated from the street and access to the street is
along the part of the lot having the narrow pole shape (the street lies at the foot of the pole). The
"pole" or narrow leg or prolongation lying between the main body of the lot and the street may
be of any configuration, not necessarily of uniform width; the minimum width thereof is stated in
Regulation 61. The concept is illustrated below:
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RECTANGULAR SHAPE
STREET
a: main body of the flag lot
IRREGULAR SHAPE
STREET
b: leg or prolongation of the flag lot to
provide access to a street
FLOOR AREA: The total area of all floors in a building measured to the outside face of
exterior walls. (Refer to Minister's Development Regulations, January 2, 2001)
FRONTAGE: The horizontal distance between side lot lines measured at the building line.
(Refer to Minister's Development Regulations, January 2, 2001)
FRONT YARD DEPTH: The distance between the front lot line of a lot and the front wall of
the main building on the lot. This has the same meaning as "building line setback" as used in the
use zone tables.
GARAGE: A building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up,
demolishing, or treating any article, commodity or substance. "Industry" shall be construed
accordingly.
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GENERAL GARAGE: Land or buildings used exclusively for repair, maintenance and storage
of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY: The use of land or buildings for industrial purposes involving the
use of materials or processes which because of their inherent characteristics, constitute a special
fire, explosion, radiation or other hazard.
INSPECTOR: Any person appointed and engaged as an Inspector by the Authority or by any
federal or provincial Authority or the agent thereof.
INSTITUTION: A building or part thereof occupied or used by persons who:
(a)
are involuntarily detained, or detained for penal or correctional purposes, or whose
liberty is restricted, or;
(b)
require special care or treatment because of age, mental or physical limitations or
medical conditions.
LAND: Includes land covered by water, and buildings and structures on, over, or under the soil
and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY: Use of any land or buildings for any general industrial use that can be
carried out without hazard or intrusion and without detriment to the amenity of the surrounding
area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
LOCAL STREET: A street designed primarily to provide access to adjoining land and which is
not designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map.
LODGING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons other
than the immediate family of the owner or tenant.
LOT: Any plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building. (Refer to Minister's Development Regulations, January 2, 2001)
LOT AREA: The total horizontal area within the lot lines of the lot. (Refer to Minister's
Development Regulations, January 2, 2001)
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LOT COVERAGE: The combined area of all buildings on the lot measured at the level of the
lowest floor above the established grade expressed as a percentage of the total area of the lot.
(Refer to Minister's Development Regulations, January 2, 2001)
MINERAL WORKING: Land or buildings used for the exploration, working or extraction of
any naturally occurring substance
MOBILE HOME: A transportable factory-built single family dwelling unit:
(a)
which complies with space standards substantially equal to those laid down in the
Canadian Code for Residential Construction and is in accordance with the
construction standards laid down and all other applicable Provincial and
Municipal Codes and;
(b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot, and subsequently
supported on its own wheels, jacks, posts or piers, or on a permanent
foundation, with or without the wheels left attached, and;
(ii)
connected to exterior public utilities approved by the Authority, namely, piped
water, piped sewer, electricity and telephone, in order for such mobile
home unit to be suitable for year round term occupancy.
MOBILE HOME PARK: A mobile home development under single or joint ownership, cared
for and controlled by a mobile home park operator where individual mobile home lots are rented
or leased with or without mobile home units placed on them and where ownership and
responsibility for the maintenance and development of site facilities including underground
services, access roads, communal areas, snowclearing and garbage collection, or any of them, are
the responsibility of the mobile home park management, and where the mobile home
development is classified as a mobile home park by the Authority.
MOBILE HOME SUBDIVISION: A mobile home development requiring the subdivision of
land whether in single or joint ownership into two or more pieces or parcels of land for the
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purpose of locating thereon mobile home units under either freehold or leasehold tenure and
where the maintenance of streets and services is the responsibility of a municipality or public
Authority, and where the mobile home development is classified as a mobile home subdivision
by the Authority.
NON-CONFORMING USE: means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone. (Refer to Minister's Development Regulations, January 2, 2001)
OWNER: means a person or an organization of persons owning or having the legal right to use
the land under consideration. (Refer to Minister's Development Regulations, January 2, 2001)
PARKING AREA: means an open area containing parking spaces and any interior aisles and
lanes necessary for parking and movement of motor vehicles.
PARKING SPACE: means a space exclusive of any driveways or interior aisles or lanes, upon
which one motor vehicle may be parked .
PERMITTED USE: means a use that is listed within the permitted use classes set out in the use
zone tables of an Authority's development regulations. ( Refer to Minister's Development
Regulations, January 2, 2001)
PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working.
PROHIBITED USE: means a use that is not listed in a use zone within the permitted use classes
or discretionary use classes or a use that an Authority specifies as not permitted within a use
zone. (Refer to Minister's Development Regulations, January 2, 2001)
REAR YARD DEPTH: means the distance between the rear lot line and the rear wall of the
main building on the lot. (Refer to Minister's Development Regulations, January 2, 2001)
RESTAURANT: A building or part thereof, designed or intended to be used or occupied for the
purpose of serving the general public with meals or refreshments for consumption on the
premises.
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ROW DWELLING: Three or more dwelling units at ground level in one building, each unit
separated vertically from the others.
SEASONAL RESIDENCE: A dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
SERVICE STATION: Any land or building used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of motor
vehicles.
SERVICE STREET: A street constructed parallel to or close to another street for the purpose of
limiting direct access to that street.
SHOP: A building or part thereof used for retail trade wherein the primary purpose is the selling
or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of
retail services but does not include an establishment wherein the primary purpose is the serving
of meals or refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE: A group of shops and complementary uses with integrated parking and
which is planned, developed and designed as a unit containing a minimum of 5 retail establish-
ments.
SHOWROOM: A building or part of a building in which samples or patterns are displayed and
in which orders may be taken for goods, wares or merchandise, including vehicles and
equipment, for later delivery.
SIDE YARD DEPTH: means the distance between a side lot line and the nearest side wall of
any building on the lot. (Refer to Minister's Development Regulations, January 2, 2001)
SIGN: means a word, letter, model, placard, board, device or representation, whether illuminated
or not, in the nature of or employed wholly or in part for the purpose of advertisement,
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.(Refer to Minister's Development Regulations, January 2, 2001)
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STAGE: see Boat Shed
STREET: means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles. (Refer to
Minister's Development Regulations, January 2, 2001)
STREET LINE: means the the edge of a street reservation as defined by the Authority having
jurisdiction. (Refer to Minister's Development Regulations, January 2, 2001)
SUBDIVISION: The dividing of any land, whether in single or joint ownership, into two or
more pieces for the purpose of development.
SUBSIDIARY APARTMENT: A separate dwelling unit constructed within and subsidiary to a
self-contained dwelling.
TAKE-OUT FOOD SERVICE: A building in which the primary purpose is the preparation and
sale of meals or refreshments for consumption off the premises.
TAVERN: Includes a nightclub and means a building licensed or licensable under the Liquor
Control Act wherein meals and food may be served for consumption on the premises and in
which entertainment may be provided.
USE: means a building or activity situated on a lot or a development permitted on a lot. (Refer to
Minister's Development Regulations, January 2, 2001)
USE ZONE or ZONE: means an area of land including buildings and water designated on the
zoning map to which the uses, standards and conditions of a particular use zone table apply.
(Refer to Minister's Development Regulations, January 2, 2001)
VARIANCE: means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use Zone
Table of the Authority's regulations. (Refer to Minister's Development Regulations, January 2,
2001)
WHARF: see Boat Shed
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WIND ENERGY SYSTEM or WIND TURBINE: means a mechanical system for the
conversion of wind energy to useful electrical or mechanical energy; a typical wind energy
system consists of a tower or mast supporting a rotating apparatus including a rotor, generator
and mechanical drives, and ancillary devices related to the control and maintenance of the
system. A tower supported wind turbine is self-supporting whereas a mast is stayed with guy
wires; for the purpose of these Regulations, the words "tower" and "mast" are used
interchangeably.
ZONING MAP: The map or maps attached to and forming part of the Authority's regulations.
(Refer to Minister's Development Regulations, January 2, 2001)
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SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
The classification of uses set out in the following table is based on the Classification of Typical
Occupancies included as Table 3.1.2.A of the National Building Code of Canada, 1980. This
classification is referred to in Regulation 87.
GROUP
DIVISION
( l..\
EXAMPLES
A. ASSEMBLY
USES
I. Assembly Uses for the pro-
duction 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-halls and
active exercise uses
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
worship.
Church Halls
(e) Passenger
Assembly
Passenger Terminals
m Club and
I .odge
Private Clubs and
Lodges (non-residential)
(g) ( atering
Restaurants
Bars
Taverns
(h) Funeral
Home
Funeral Homes and Chapels
(i) Child Care
Day Care Centres
(j) Amusement
Electronic Games
Arcades
Pinball Parlours
Poolrooms
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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
4. Open-air Assembly Uses
(a) Outdoor
Assembly
Bleachers
Grandstands
Outdoor Ice Rinks and
Swimming Pools
Amusement Parks and Fair-
grounds
Exhibition
Grounds
Drive-in Theatres
B. INSTITU-
TIONAL
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
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GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDENTIAL
USES
(continued)
1. Residential
Dwelling
Uses (continued)
(c) Row
Dwelling
Row Houses
Town Houses
Family & Group
Homes
(d) Apartment
Building
Apartments
Family & Group
Homes
2. General Residential Uses
(a) Collective
Residential
.
Residential
Colleges &
Schools
University &
College Halls
of Residence
Convents & Monasteries
Nurses and
Hospital Residences
(b) Boarding
House
Residential
Boarding Houses
Lodging Houses
(c) Commercial
Residential
Hotels & Motels
Hostels
Residential Clubs
Campgrounds
Recreational Vehicle Parks
(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
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GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
PERSONAL
SERVICE
USES
(continued)
1. Business,
Professional
& Personal
Service Uses
(continued)
(d) General
Service
Self-service
Laundries
Dry Cleaners (not using
flammable or explosive
substances)
Small Tool and Appliance
Rentals
Travel Agents
(e) Communications
Radio Stations
Telephone
Exchanges
(f) Police
Station
Police Stations
without
detention
quarters
(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 and
Stores and
Showrooms
Department
Stores
(c) Indoor
Market
Market Halls
Auction Halls
(d) Outdoor
Market
Market Grounds
Animal Markets
Produce and
Fruit Stands
Fish Stalls
(e) Convenience
Store
Confectionary
Stores
Corner Stores
Gift Shops
Specialty Shops
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GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
USES
1. Industrial uses involving
highly combustible and
hazardous substances and
processes.
(a) Hazardous
Industry
Bulk Storage of
hazardous
liquids and sub-
stances.
Chemical Plants
Distilleries
Feed Mills
Lacquer, Mattress,
Paint, Varnish,
and Rubber
Factories
Spray Painting
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
(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
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
Pits
Mines
Oil Wells
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GROUP
DIVISION
CLASS
EXAMPLES
G. NON-
BUILDING
USES
(continued)
1. Uses not directly
related to building.
(continued)
(d) Recreational Open
Space
Playing Fields
Sports Grounds
Parks
Playgrounds
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural, Historical and
Scenic Sites
Steep Slopes
Wildlife
Sanctuaries
(f) Cemetery
Cemeteries
Graveyards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
(h) Solid Waste
Solid Waste
Disposal
Sanitary Land Fill
Incinerators
(i) Animal
Animal Pounds
Kennels
Zoos
(j) Antenna or Wind
Turbine
TV, Radio and
Communications
Transmitting and
Receiving Masts
and Antennas
Wind Turbine
(k) Transportation
Airfields
Railway Yards
Docks and Harbours
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SCHEDULE "C"
USE ZONE TABLES
NOTE:
This schedule contains tables showing the use classes which may be permitted or
which may be treated as discretionary use classes for the purpose of these
Regulations. The tables also indicate the required standards of development and
may also include conditions affecting some or all of the use classes.
The schedule contains tables for the following Use Zones, for which the
abbreviations are as noted:
Mixed Development
MD
T'Railway
TR
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USE ZONE TABLE
ZONE TITLE
MIXED DEVELOPMENT (MD)
(MOUNT MORIAH)
PERMITTED USES
1) Single dwelling and mobile home classes, and subsidiary apartments therein
2) Existing agricultural use at the end of the maintained part of Serpentine Road,
including the keeping of animals of any number of animal units.
3) Home businesses in the following classes and subject to Condition 4:
a) cultural and civic
b) educational
c) place of worship
d) child care
e) office
f) medical and professional
g) personal service
h) general service
i) veterinary
DISCRETIONARY USES
1. Any other use except for the classes of:
a. Hazardous industry
b. Agriculture involving keeping of animals
c. Scrapyards
d. Solid waste
e. Seasonal residential
NOTE: see Section B Regulation 10 concerning the Discretionary Powers of Authority.
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STANDARDS
WHERE PERMITTED
Single
Dwelling,
Mobile Home
+ all other
uses not
named
Double
Dwelling
Row
Dwelling
APARTMENT BUILDING
1
Bed
Apt.
2
Bed
Apt.
3
Bed
Apt.
4 +
Bed
Apt.
Lot area (m2) minimum
450
390
*
350
*
(average)
200
*
250
*
280
*
300
*
Floor area (m2)
minimum
80 in the
dwelling and
40 in a
subsidiary
apartment
80
*
65
*
40
*
50
*
60
*
70
*
Frontage (m) minimum
15
26
12
*
(average)
42
Building Line Setback
(m)
(minimum)
6
8
8
15
Rearyard Depth (m)
(minimum)
9
(3 m for
mobile homes)
9
9
9
Sideyard width (m)
(minimum)
1.5
1.5
1.5
5
Lot Coverage (%)
(maximum)
33
33
33
33
Height (m) (maximum)
8
8
10
10
* Per dwelling unit.
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CONDITIONS
1. Discretionary Uses
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are in compliance with the policies of the Municipal Plan
and the requirements of the Development Regulations, and are complementary to uses
within the permitted use classes and that their development will not inhibit or prejudice
the existence or the development of such uses.
2. Accessory Buildings
In addition to the requirements of Section B Regulation 38, accessory buildings shall
comply with the following:
i.
On lots with area less than 930 m2, accessory buildings shall have a maximum
floor area of 55 m2 for each accessory building, and have total lot coverage of all
accessory buildings of no more than 7%, whichever is less.
ii.
On lots with area over 930 m2, Council may approve at their discretion floor areas
of more than 55 m2 for each accessory building, but their total lot coverage shall
not exceed 7%.
iii.
Accessory buildings shall have a maximum height of 4 metres.
iv.
Accessory buildings shall be a minimum of 3 metres from the nearest part of a
main building and a minimum of 1.2 metres from any lot line, except as provided
by Section B Regulation 38(3).
v.
Accessory buildings shall be located in the rear yard or side yard of the lot,
except that Council may at their discretion approve a location in the front yard if
the features of the lot and buildings make it impractical to locate in the rear or
side yards, or if a front yard location will not have any significant adverse effect
on the surrounding neighbourhood.
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3. Family and Group Care Centres
Family and group care centres may be permitted at Council's discretion in single
dwellings only, and subject to the conditions in Section B Regulation 43.
4. Home Based Businesses
Home business uses are subject to the following conditions and any other conditions
related to the specific site:
(i)
The use is clearly an accessory use to the residential use and does not detract from
the residential character of the neighbourhood.
(ii)
The use does not alter the residential appearance or require external modification
of the dwelling unit.
(iii)
Activities associated with the use shall be carried on inside the dwelling unit or
inside one or more accessory buildings separate from the dwelling structure but
on the same lot.
(iv)
Not more than twenty-five per cent of the floor area of the dwelling up to a
maximum of forty-five square metres, whichever is less, in the dwelling is
devoted to the use. The dwelling unit component of the floor area in the dwelling
building must continue to meet the dwelling unit minimum floor area
requirement. All or some of the floor areas in accessory buildings may be used
for the home business use.
(v)
The use is operated by a resident(s) of the dwelling unit and their assistants and
employees, who are not required to be residents.
(vi)
Office uses shall be limited to those related to the classes of use named in the
Permitted Uses table.
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(vii) General service uses shall be limited to production of foodstuffs, including
prepared meals for consumption off the property; production or repair of on-site-
made articles such as small devices, clothing and arts and crafts; and, repair or
adjustment of small equipment such as appliances, small engines, and mechanical
and electronic devices. Incidental sales of items related to the main business is
permitted.
(viii) Open or outdoor storage of vehicles, goods or materials is not permitted.
(ix)
The use shall not generate traffic, sewerage or water use in excess of what is
normal in the residential area and can be accommodated by the existing municipal
street, water and sewer services or private water supplies and/or private sewage
disposal systems.
(x)
Activities associated with the use are to be not hazardous and not cause
noticeable noise, odour, dust or fumes, nor cause electrical interference or in any
other way result in a nuisance to the occupants of surrounding residences.
(xi)
No sign will be permitted other than a name plate not exceeding 0.2 m in area
which is attached to each of the building(s) in which home businesses are located.
No illumination or movement of the signs will be permitted.
(xii) The Authority may require fencing, screening and separation or a combination of
the two to protect the amenity of adjacent uses.
(xii) Parking requirements are as set out in Schedule D, but a minimum of one space is
required for a home business use in addition to the minimum required parking for
the dwelling.
(xiv) The residential lot has sufficient area to accommodate the parking requirements of
both the dwelling unit and the home business use.
(xv) No change in type, nature or extent of the use shall be permitted except in
accordance with a permit issued at the discretion of the Authority.
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5. Keeping of Animals
Keeping of small animals such as dogs, cats, small birds and the like customarily kept as
household pets in Mount Moriah is permitted. Keeping of large animals including but not
restricted to cows, horses, sheep, goats, pigs, and large birds such as ostriches and the like
is not an accessory use in the Town of Mount Moriah. Further, birds such as chickens,
ducks, and geese may be kept, up to a total of 10 birds. Permits or Council approvals are
not required for keeping of pets up to the limits described here.
Note to readers: the Town of Mount Moriah does not become involved by virtue
of these Development Regulations where pets are presenting dangers or
nuisances to others, or are not properly housed or not given appropriate care. In
those cases, regulations concerning public health, public safety, running at large,
cruelty to animals, noise and other such matters better enable authorities to deal
with offending behaviour.
6. Services
Structures with plumbing shall be connected to available water and/or sewer services.
8.
Access
The frontage of each lot shall be on a publicly owned and maintained street and access to
the lot must be obtained from this street.
9.
Mobile Homes and Mobile Home Parks
Mobile homes shall meet the same standards and conditions as specified for single
dwellings except that the minimum rearyard depth shall be reduced as shown in the
Standards Table. Exterior finishes and features shall be of a type found in conventional
single dwelling construction in the community.
Development of mobile home parks as defined in Schedule A shall be subject to the same
standards and conditions as for residential subdivisions, and shall be subject to a
development agreement between the operator and the Authority concerning the matters
stated in the definition in Schedule A, including the management and maintenance of the
streets and water and sewer services which are privately owned and operated in such
developments.
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10. Developments Featuring Heavy Vehicles on Town Streets
Any development featuring heavy motor vehicles or high street traffic volumes using
Town streets, such as large industrial or commercial uses, which may impose traffic
volumes or heavily loaded vehicles which would deteriorate the Town's streets or
represent adverse effects on vehicle and pedestrian traffic safety, is prohibited.
Council will review proposals involving such potential damaging features, including use
of professional studies and advice on traffic volumes and strength of Town streets.
Proponents will be required to submit suitable reports, prepared at the proponent's
expense, for consideration.
11. Mineral Workings
a) Separation from Adjacent Uses
Feature
Minimum Distance of
Mineral Working
300 metres
150 metres
90 metres
150 metres
50 metres
From the nearest dwelling
Any other developed area or area
likely to be developed during the
life of the pit or quarry working
Public highway or street
The boundary of the T'Railway
Waterbody, including the sea, watercourse, or wetland
b)
The following conditions shall apply:
(1)
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 mineral working which crosses a brook or stream shall be bridged or culverted
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at the crossing in accordance with the Regulations of the Department of
Environment and Lands (see Regulation 6).
(ii)
Water Ponding
No mineral working shall result in the excavation of areas below the level of the
water table nor in any way cause the accumulation of ponding of water in any part
of the site. Settling ponds may be permitted with the approval of the Department
of Environment and Lands.
(iii)
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of
adjacent land.
(iv)
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and
abandoned equipment and any derelict buildings.
(v)
Access Roads
During extended periods of shutdown, access roads to a mineral working shall be
ditched or barred to the satisfaction of the Authority.
(vi)
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.
(vii) Operating Plant and Associated Processing and Manufacturing
The Authority may permit processing and manufacturing use associated with
mineral workings provided that, in the opinion of the Authority, the use does not
create a nuisance nor is liable to become a nuisance or offensive by the creation of
noise or vibration, or by reason of the emission of fumes, dust, dirt, objectionable
odour, or by reason of unsightly storage of materials.
(viii) All permanent or temporary buildings, plants and structures associated with
processing and manufacturing will be located so as not to interfere with the
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present or future extraction of aggregate resources.
(ix)
The Authority may specify a minimum separation distance between operating
plant or associated processing and manufacturing structure or equipment and
adjacent developed areas likely to be developed during the life of the mineral
working.
(x)
Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried out
by the operation:
(a)
All buildings, machinery and equipment shall be removed.
(b)
All pit and quarry slopes shall be graded to slopes less than 20° 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.
(xi)
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.
c)
Screening for Mineral Workings or Existing Scrapyard
A mineral working, or any existing scrapyard, 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:
(i) Where tree screens exist between the use and adjacent public highways
and streets or other land uses (excepting forestry and agriculture), the tree
screens shall be retained in a 30-metre wide strip of vegetation so that
visibility of any part of the use from the surrounding uses or streets will be
prevented. The tree screens must be maintained by the owner or occupier
of the use to retain 30 metres in a forested appearance. Where vegetation
dies or is removed from the 30-metre strip, the Authority may require new
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trees of a minimum height of 1 metre be planted to fill in the areas
affected to the satisfaction of the Authority.
(ii)
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 use from adjacent uses (excepting
forestry and agriculture), or adjacent public highways and streets. The
berms shall be landscaped to the Authority's satisfaction.
(iii)
Where natural topography creates a visual screen between a mineral
working or scrapyard and adjacent public highways and streets or other
land use (excepting forestry and agriculture), additional screening may not
be required.
d)
Fencing for Mineral Workings or Existing Scrapyard
The Authority may require the mineral working site or excavated areas of a pit or
quarry working, existing scrapyard, or disposal site to be enclosed by a fence
designed and constructed to its specifications and no less than 1.8 metres in
height.
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USE ZONE TABLE
ZONE TITLE
T'RAILWAY (TR)
(MOUNT MORIAH)
PERMITTED USES
Recreational open space and conservation uses.
DISCRETIONARY USES
Any other uses which may be accepted by the Province of Newfoundland and Labrador and
which would be benign in their impact on the community and the T'Railway.
NOTE: see Section B Regulation 10 concerning the Discretionary Powers of Authority.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
a. Minimum Lot Area...450 sq.m. or as required for private water and/or sewer
services
b. Minimum Lot Frontage
10 metres
c. Minimum Building Line Setback
5 metres
d. Minimum Sideyard Width
5 metres
e. Minimum Rearyard Depth
5 metres
f. Maximum Height
8 metres
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are in compliance with the policies of the Municipal Plan
and the requirements of the Development Regulations, and are complementary to uses
within the permitted use classes and that their development will not inhibit or prejudice
the existence or the development of such uses.
2. Water and Sewer Services
Private water supplies and private sewage disposal systems are acceptable at locations
where central water and/or sewer service are not available, but are subject to the
proponent securing Certificates of Approval from provincial government authorities.
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Schedule D
OFF-STREET PARKING REQUIREMENTS
Pursuant to Section B Regulation 51, the number of off-street parking spaces shall be provided
according to the following minimum requirements:
a. Assembly uses other than educational and child care:
1 space for every five seats or if
there are no seats, one space for each
100 square metres of floor area
devoted to public occupancy
b. Educational and child care uses:
c. Institutional uses
d. Dwelling uses
e. General Residential uses
2 spaces for each classroom or 25
students or children, whichever is
less
1 space for each two beds or
clientele spaces
2 spaces for each dwelling unit plus
2 spaces for a subsidiary apartment
1 space for each rental suite or unit,
plus 1 space for each 10 square
metres of common spaces such as
common rooms, kitchens, and
recreation areas.
f. Business and personal service uses
1 space for each 20 square metres of
floor area
g. All other uses
1 space for each 30 square metres of
floor area
Schedule E: Land Use Zoning Map 1 see final page
89
0
2 KM
%+0 -- 2-.019 -- 00
Number
Date
Signature
44 2f) trq
ark
r 111ar
SCALE 1:50000
Development Regulations/Amendment
REGISTERED
LEGEND:
MUNICIPAL BOUNDARY &
on NE
mi PLANNING AREA BOUNDARY
(COINCIDING BOUNDARIES)
LAND USE ZONES:
MD
MIXED DEVELOPMENT
TRAILWAY
RE THERE IS DISCREPANCY BETWEEN THE TR ZONE
AS ILLUSTRATED ON THIS MAP AND THE LEGAL BOUNDARIES AS
ESTABLISHED THROUGH SURVEY AND HELD BY THE
DEPARTMENT OF TOURISM. CULTURE INDUSTRY AND
INNOVATION, THE BOUNDARIES REPRESENTED ON THE SURVEYS
SHALL TAKE PRECEDENCE.
5
APPROVED BY COUNCIL
20 JUN 2018
4
FOR DMAE REVIEW
7 DEC 2017
3
FOR PUBLIC HEARING
TBA
2
FOR DMAE REVIEW
1 AUG 2017
1
FOR TOWN REVIEW
16 MAY 2017
TOWN OF
Mount Moriah
DEVELOPMENT REGULATIONS
LAND USE ZONING
2017 - 2027
MAP 1
M- ,or, Town of Mo t M ah
akoSt
\s-A
TOWN OF MOUNT MORIAH
Dated at cc A SMe-tevt""this ViS day of
Clerk, Town of Mount Moriah